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05-07-2019 City Council Regular MeetingCITY COUNCIL REGULAR MEETING 300 WEST CROWELL STREET MONROE, NORTH CAROLINA 28112 MAY 7, 2019 — 6:00 P.M. AGENDA www.monroenc.org RECOGNITIONS 1. Proclamation Observing National Preservation Month 2. Public Comment Period A. Ground 40 B. Loretta Melancon 3. Presentation and Discussion of Union County Public Schools' Funding Request for Fiscal Year 2019-2020 (Tabled to June 4, 2019 City Council Regular Meeting) 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: 4. Asphalt Paving Program for 2018-2019 A. Change Order #1 from Lynches River Contracting, Inc. for 2401 Walkup Avenue B. Capital Project Budget Ordinance C. City Manager to Execute Documents 5. Award of Service Side Arm (Surplus Equipment) to Retiring Employee Cristobal Carrion 6. Budget Amendments A. Charlotte -Monroe Executive Airport Fuel Management and Point -of -Sales System B. Fire Department Donations from Cornerstone Property Owners Association, Inc. and Union County Association of Realtors, Inc. C. Police Department Donation from Walmart D. Police Department Reimbursement from Drug Enforcement Administration 7. Call for Public Hearings to be Held June 4, 2019 A. Fiscal Year 2019-2020 Budget B. Zoning Map Amendment Request to Rezone Properties Located along W. Crowell Street, N. Charlotte Avenue and W. Jefferson Street and from General Industrial to Central Business District City Council Regular Meeting May 7, 2019 Page 99 8. Charlotte Avenue Widening Project A. Pedestrian and Bicycle Enhancements B. Ordinance Amending Standard Specifications and Detail Manual 14. Self Contained Breathing Apparatus Replacements A. Award of Contract to Municipal Emergency Services B. City Manager to Execute Documents 15. Tax Releases for March 2019 16. Utility Fee Grant Program A. Fee Waiver Request by Union -Anson County Habitat for Humanity L B. Budget Amendment City Council Regular Meeting May 7, 2019 Page 100 9. Minutes and Reports A. Disbursement of Fiscal Year 2018-2019 City Council Discretionary Funds 1) Mayor Pro Tem Gary Anderson 2) Council Member Surluta Anthony 3) Mayor Bobby Kilgore 4) Council Member Franco McGee B. Financial Reports for April 2019 C. Minutes of Board of Adjustment Meeting of February 28, 2019 D. Minutes of City Council Meetings of April 2, 2019 and April 16, 2019 E. Minutes of General Services Committee Meeting of March 20, 2019 F. Minutes of Historic District Commission Meeting of March 11, 2019 G. Minutes of Monroe Tourism Development Authority Meeting of March 14, 2019 H. Minutes of Monroe -Union County Economic Development Board of Advisors Meeting of February 12, 2019 I. Minutes of Planning Board Meeting of March 6, 2019 and April 3, 2019 (Draft) J. Minutes of Public Safety Committee Meeting of February 18, 2019 K. Summary of Contracts Awarded, Change Orders Approved and Settlement of Claims 10. North Carolina Main Street Designation Annual Agreement 11. OMNOVA Solutions Grant Application for Fire Department 12. Ordinances A. Code of Ordinances — Title VII: Traffic Code, Chapter 75: Traffic Schedules — Schedule I — Speed Limits, Section (B) titled "City Maintained Streets" for Reduced Speed on Dover Place and Dover Street" B. Fiscal Year 2019-2020 Fees Schedule C. Twenty -Fourth Supplement to Code of Ordinances 13. Resolution Approving Fiscal Year 2019 Equipment Installment Financing 14. Self Contained Breathing Apparatus Replacements A. Award of Contract to Municipal Emergency Services B. City Manager to Execute Documents 15. Tax Releases for March 2019 16. Utility Fee Grant Program A. Fee Waiver Request by Union -Anson County Habitat for Humanity L B. Budget Amendment City Council Regular Meeting May 7, 2019 Page 100 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. 17. 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" (Tabled from April 2, 2019 City Council Regular Meeting) 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 18. Annexation and Zoning Map/Text Amendment Requests for 71.845 Acres Located at Eastern Side of Secrest Short Cut Road and along Southern Side of Fowler Road to be Rezoned from Union County RA -40 to Conditional District "Simpson Farms" A. Public Hearing B. Annexation Action — Petition Meets Requirements of North Carolina General Statute 160A-31 C. Annexation Action — Ordinance to Extend Corporate Limits D. Zoning Action — Resolution Approving Land Development Plan Compliance E. Zoning Action — Ordinance Amending Code of Ordinances — Chapter 156, Section 156:106 titled "Official Zoning Map" F. Zoning Action — Ordinance Amending Code of Ordinances — Chapter 156, Section 156:98 titled "Conditional Districts Established" 19. Annexation and Zoning Map/Text Amendment Requests for 24.854 Acres Located along Waxhaw Highway and Skywatch Lane to be Rezoned from Union County RA -20 to Conditional District "Alexander Commons" A. Public Hearing B. Action — Denial to Extend Corporate Limits 20. 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" City Council Regular Meeting May 7, 2019 Page 101 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" 21. OMNOVA Solutions Grant Application for Police Department (Tabled from April 2, 2019 City Council Regular Meeting) 22. Budget Amendment to Replace Whirlpool at Monroe Aquatics and Fitness Center 23. Resolution Approving Local Water Supply Plan 24. Resolution Approving Water Shortage Response Plan 25. Resolution Approving Street Name Change for Section of Lomax Street Between Concord Avenue and Secrest Shortcut Road to Help Street 26. Presentation of Budget Message for Fiscal Year 2019-2020 27. City Council Planning Retreat 28. Discussion of City of Monroe's 175th Anniversary 29. Closed Session pursuant to North Carolina General Statute (N.C.G.S.) Sections 143- 318.11(a)(1) and (a)(6) 30. Termination of City Manager Employment Agreement — Edward Larry Faison City Council Regular Meeting May 7, 2019 Page 102 CITY OF MONROE CITY COUNCIL REGULAR MEETING (, MAY 7, 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 May 7, 2019 with Mayor Bobby Kilgore presiding. Present: Mayor Bobby Kilgore, Mayor Pro Tem Gary Anderson, Council Member Surluta Anthony, Council Member Marion Holloway, Council Member Billy Jordan, Council Member 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: Sherry Pressley, Amy Keziah, Wesley Keziah, Cody Honeycutt, Lisa Bradle, Scott Merritt, John Ross, Dan Shive, Jarrod McCraw, Loretta Melancon, Wendy Nielson, Christina Skrutowski, Robin Belk, Patrick Murphy, Lloyd Trimble, Michele King, Jason Pearson, Henry Browning, Loretta Browning, Keith Fenn, David Morton, D.A. Davis, Mark Mahoney, Sara Shirley, Tim Edwards, Brenda Hamilton, Daniel Bothun and others. Mayor Kilgore called the City Council Regular Meeting of May 7, 2019 to order at 6:00 p.m. A quorum was present. RECOGNITIONS Item No. 1. Proclamation Observine National Preservation Month. On behalf of Mayor Kilgore, Mayor Pro Tem Anderson read Proclamation P-2019-07 proclaiming and observing May 2019 as "National Preservation Month:" PROCLAMATION OBSERVING "NATIONAL PRESERVATION MONTH" MAY 2019 P-2019-07 WHEREAS, the National Preservation Month was established in 1973 by the National Trust for Historic Preservation; and WHEREAS, the City of Monroe has been a Certified Local Government since March 1986; and (, WHEREAS, the City of Monroe has approximately 400 parcels in its South Monroe Historic District; and City Council Regular Meeting May 7, 2019 Page 103 WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, in the City of Monroe, National Preservation Month 2019 will be observed through the following three (3) events sponsored by the City of Monroe Historic District Commission: Tour of the Union County Historic Courthouse Time: May 18, 2019; tour starts at 10 a.m. (RSVP is required; space is limited) Location: Front steps of Historic Court House Photo Contest for Guideline Update Time: Ongoing through the month of May; submissions due May 24, 2019 Location: Historic District Architecture Scavenger Hunt Time: Ongoing through the month of May; submissions due May 31, 2019 Location: Historic Downtown area 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 May 2019 as: "NATIONAL PRESERVATION MONTH" and encourage the local citizenry to participate in activities that foster awareness and appreciation of historic structures and historic contributions to shaping the history of Monroe, Union County, North Carolina and America. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 7 1 day of May 2019. LPlanner Keri Mendler reiterated the dates and times of the events for National Preservation Month. Item No. 2. Public Comment Period. A. Ground 40. Mr. Dan Shive advised that he wanted to bring awareness to a program entitled "Ground 40" and asked Executive Director Wesley Keziah to share with Council a few words about the program. Mr. Keziah advised that this discipleship program provided a welcoming and healthy environment for men who were seeking a change of heart. He advised that Ground 40 provided practical and spiritual guidance to those transitioning back into the community out of prison, recovery and homelessness. Mr. Keziah advised that the program knew no demographics. B. Loretta Melancon. Litter Busters Founder, Loretta Melancon, advised that the organization recently had a litter sweep which was very successful. Ms. Melancon recognized and thanked City Council Regular Meeting May 7, 2019 Page 104 Mayor Kilgore taking part in this event. She advised that Litter Busters now had 140 Facebook friends and they were continuing to get the word out about helping keep the environment clean. Ms. Melancon advised that Litter Busters was creating awareness by meeting with different clubs. In order to prevent litter, Ms. Melancon advised that the root cause of litter needed to be identified. Ms. Melancon once again requested that Council consider appointing a task force that would bring together many points of view and experiences that would hopefully come to an organized plan of how to approach the lack of price (personal and community) that she felt was at the root cause of the litter problem. Item No. 3. Presentation and Discussion of Union County Public Schools' Funding Request for Fiscal Year 2019-2020. City Manager Faison advised that following a discussion of providing funding to the Union County Public Schools (UCPS) at the April 16, 2019 City Council Regular Meeting, Council requested a representative from UCPS offer a presentation on the Health Service Program's results, requirements, objectives, funding levels and uses of past funds the City has provided. He advised that this information would be received by the Council and allow Council to consider support of UCPS' request to reinstate funding in Fiscal Year 2019-2020. City Manager Faison advised that Members of Council were contacted by UCPS officials and asked to consider reinstating funding for nursing positions associated with the health service. He advised that the program initiative was not part of the City's Budget for Fiscal Year 2020. City Manager Faison advised that funding for the initiative was not requested by UCPS and was not included in the current Budget. He advised that funding had not been programmed in the City Manager's proposed Budget for Fiscal Year 2019-2020. City Manager Faison advised that funds were provided for this program for Fiscal Year 2017-2018 as a one-time allocation. City Manager Faison advised that there were a number of factors that Council might consider along with the potential reinstatement of funding for the Health Service Program, which included: the delay of approximately $11,208,535 of expenditure requests from ten departments that comprised the General Fund, included a number of crucial capital program elements that could not be met; City expenditures would need to be reduced by an equal amount to provide funds for the Health Services Program, which required reducing one or more existing City programs and deferring closing the funding gap for a number of ongoing projects; additional Public Safety positions were not funded which defers meeting the staffing plan of 12 Firefighters needed to fully staff Fire Station #6; and, funds for positions in the Health Services Program would require characterizing the amount as a reoccurring expense and require a matching dollar amount from revenues; the Health Services Program expense could be treated as a one-time allocation, as it might have been for the single -year agreement in Fiscal Year 2017-2018. City Manager Faison advised that the City's initial funding of the program request during Fiscal Year 2017-2018 recognized Council's interest to support the introduction of Health Sciences Programs at Monroe Middle School (MMS). UCPS Assistant Superintendent of Student Support Jarrod McCraw provided an overview of the Health Service Program's results, requirements, objectives, and funding levels. City Council Regular Meeting May 7, 2019 Page 105 Mr. McCraw advised that UCPS consisted of 53 schools, ten of which were located within the city limits of Monroe. He advised that seven of the ten schools were considered high priority schools. 4 Mr. McCraw advised that the total enrollment for UCPS for the 2018-2019 school year was 41,372 students. He advised that the enrollment in the ten schools within the Monroe city limits was 5,384 students. Mr. McCraw advised that currently UCPS had 43 school nurses serving 53 schools. Due to the funding partnership with the City of Monroe, Mr. McCraw advised that UCPS had a school nurse assigned to all seven high priority schools. He advised that two school nurse positions were funded by this partnership for the 2018-2019 school year. Mr. McCraw advised that the approximate cost of funding a school nurse position was $80,000 including salary and benefits. He advised that the cost of two full time nurse positions including salary and benefits was approximately $160,000. Mr. McCraw advised that during the 2017-2018 school year, there were 21,328 health room visits in the seven UCPS high priority schools. He advised that this accounted for 22% of the health room visits for the entire UCPS school system. Without a full time school nurse in the seven high priority schools, students would be evaluated by unlicensed, assistive personnel (ex. secretary, bookkeeper, data manager). Mr. McCraw advised that the student populations in high priority schools were often transient. He advised that this created additional demands on nurses due to the need for review of immunizations, medical records, and health folders. Mr. McCraw advised that school nurses built relationships with students and parents. He advised that a full time school nurse in a high priority school was imperative for its success. Mr. McCraw advised that school nurses assisted with health room visits when students did not feel well, developed individual health care plans, provided case management for students who had unmet health needs, administered medication, conducted vision screenings, scheduled dental screenings and were first in line when students were in a social/emotional/mental health crisis. Mr. McCraw advised that school nurses connected students to other resources in the school. He advised that students might be referred to a social worker, mental health therapist, or psychologist. Because school nurses conduct vision screenings, Mr. McCraw advised that students with vision concerns were referred to a medical provider. He advised that school nurses assisted students in high priority schools in accessing medical care when needed. Mr. McCraw also shared a few school nurse success stories. Council Member McGee asked how the school nursing position operated amongst the Monroe school cluster prior to funding from the City of Monroe. Mr. McCraw advised that they would only have nurses on certain dates. He advised that the nurses would float from school to school. Mr. McCraw advised that if the nurse was needed, the principal or the school administrator would be able to call for the nurse. He advised that if there had been a severe allergic reaction of some type, the nurse might not have been onsite and a non-medical professional would have addressed the situation. Council Member McGee asked if this was an every other day type of operation. City Council Regular Meeting May 7, 2019 Page 106 Mr. McCraw stated that it was according to percentages. He stated that more schools would have it more often if they had more health room visits. Mr. McCraw stated that they tried to look at the data from year-to-year and make sure that they placed nurses there on the days that they needed to be. He reiterated that this was not every day only certain days of the week. Council Member Keziah stated that in conjunction with the hospital, MMS was going to implement a program that introduced the nursing field to sixth graders. He asked if this program had started. Mr. McCraw advised that this had been started. City Attorney Shah -Khan advised that under the agreement that the City had for the prior funding, one of the purposes was to ensure that each school in the Monroe cluster had a full-time nurse. He asked if this had happened. Mr. McCraw advised that each school in the Monroe cluster had a full-time nurse. City Attorney Shah -Khan advised that the agreement also stated that an additional social worker would be hired within the Monroe cluster to address the emotional health needs of those students. He asked if this had happened. Mr. McCraw advised that an additional social worker had been hired. City Attorney Shah -Khan stated that the agreement contained requests for Quarterly Reports and Accounting for Funds. He advised that he did not believe these had taken place. City Attorney Shah -Khan advised if this was something UCPS and the Board would be able to provide to the City if there was any determination on funding even though this did not take place last time. Mr. McCraw advised that he would work with their Chief Finance Officer to provide the information that would be needed. City Attorney Shah -Khan asked Mr. McCraw if he was aware why the reports were not provided. Mr. McCraw advised that he was not aware why the reports were not provided. Council Member Anthony asked at this point, what funding was going to be available from the School Board and the County Commissioners. Mr. McCraw stated that at this time, he did not know what funding was going to be available. He advised that the budget had not been finalized. Mr. McCraw stated that at discussions held the other night, the discussion was with the current collaborative partnership, UCPS was looking to add ten mental health therapists and five social workers to serve the entire county throughout the school year. Mr. McCraw advised that no additional nurses beyond the 43 they currently had were planned to be added during the 2019-2010 school year. Council Member Anthony asked why they did not ask for nurses when they requested the social worker and other positions. City Council Regular Meeting May 7, 2019 Page 107 Mr. McCraw advised that School Superintendent Andrew Houlihan had requested nine additional (, counselors in the Budget. He advised that due to limited funds, funding for additional school nurses was not requested. Mayor Pro Tem Anderson asked for confirmation that with the City's contribution, UCPS was able to place a nurse in all of the inner-city schools. Mr. McCraw confirmed that was correct. He advised that as part of the agreement, UCPS added two fulltime nursing positions to schools within the city limits of Monroe. He advised that this provided a fulltime school nurse in all schools within the city limits of Monroe. Mayor Pro Tem Anderson stated that this was a great job. Council Member Keziah stated that when the City met with the School Board and Dr. Houlihan, discussions were specifically held about Dr. Houlihan's idea on integrating nursing type programs into MMS to provide kids an opportunity to better themselves. He asked if this funding had nothing to do with this program. Council Member Keziah stated that nurses are being discussed whereas he thought a nursing program was to be implemented for the students. Mr. McCraw stated that this specifically was not about the Health Sciences Academy (HSA). He stated that the HSA was at MMS and was a great program. Mr. McCraw stated that what he was talking about was the funding provided by the City of Monroe was being utilized for two fulltime school nurse positions which each nurse cost, with salary and benefits, approximately $80,000. City Attorney Shah -Khan stated that the reason the funds were directed in that fashion was that when City Staff met with the UCPS Staff in 2017 and discussed what was fundable under the public purpose doctrine at that time, the only thing that was fundable would have been health programs like that. He advised that the law had since changed and funding could be used for broader education under the budget that was passed last year. Mayor Kilgore asked if UCPS would be adding ten counselors in the next school year. Mr. McCraw stated that the UCPS' Budget was for nine high school counselors that would go in all the school clusters. He stated that UCPS had a collaborative partnership with Union County to add ten mental health therapist and five social workers to the entire County for their Social/Emotional Learning Program. Mr. McCraw stated that within the City of Monroe, there was a social worker and mental health therapist at Monroe High, MMS, CATA and all elementary schools. He advised that because of the funding from the City, they were able to put a school nurse in every school. Mr. McCraw advised that there had been a big emphasis on mental health. He shared that 25% of a nurse's education was in mental health. Mr. McCraw stated that the first person a child saw if they were sick or did not feel well was the nurse. He stated that if a nurse was not at the school and a child did not feel well, they would see a non-medical professional (i.e., data manager, City Council Regular Meeting May 7, 2019 Page 108 bookkeeper) or if it was serious enough, they might call Emergency Medical Services (EMS). Mr. McCraw stated that these nurses were needed and were especially needed at the high-priority schools. Mayor Pro Tem Anderson stated that if a child had mental health issues and took medication, the child could not have the medication on their physical person and it had to be regulated by the nurse. Mr. McCraw stated that this was a big part of a school nurse's job. He advised that the school nurse had to track the paperwork and ensure a parent completed the documents. Mr. McCraw stated that nurses served so many roles. He advised that they were there for the entire social and emotional experience of a child. Mr. McCraw stated that they had been focused on wrap around services this year not only from the School Resource Officer (SRO) but to the nurse to the mental health therapist to the social workers to the psychologist. He stated that if you did not address the whole child, you could not really be successful in the school without being healthy first and feeling safe. Mr. McCraw stated that he was thankful for the previous funding provided by the City and would appreciate the funding by the City again. He stated that this served a great purpose in Union County schools that fell within the City of Monroe. Council Member McGee asked Mr. McCraw to speak to the funding and/or grants (EPIC, Restart Applications) that the priority schools in Monroe received and if possible, share the amount of the funding received, what the money was used for and how it was allocated at each school. (am", Mr. McCraw stated that he did not know the exact funding amount. However, he advised that six EPIC mental health therapists were hired that served the city schools of Monroe. Mr. McCraw stated that these therapists could see any student and it did not matter about insurance. Mr. McCraw advised that funding was also received through the State Mental Health Personnel Grant. He advised that there were two school psychologists and two social workers that were assigned to the Monroe cluster schools with that grant. Council Member McGee felt that the amount was approximately $2 million. Mr. McCraw also felt that it was approximately $2 million; however, he did not know the amount each school received. He advised that he could obtain this information. Council Member McGee asked if the funding could be used at the school's discretion. Mr. McCraw stated that was correct. Council Member Anthony asked if the funding could be used for a school nurse. Mr. McCraw advised that they had not used the funding for school nurses and they had not funded them that way. City Council Regular Meeting May 7, 2019 Page 109 Council Member Anthony stated that the funding was to be used at UCPS' discretion. She asked if they had the authority to use it if there was a critical need for a school nurse. Mr. McCraw stated that he would have to ask the school system's Chief Finance Officer. He stated that he knew the funding had only been used for the instructional side and school nurses had not been funded that way. Mayor Kilgore stated that the HSA at MMS was the best kept secret in the school system. Council Member Jordan stated that he had a couple of concerns. He stated that he kept hearing that the monies from the City in 2017-2018 had not been utilized and would not be utilized until the end of June 2019. Mr. McCraw stated that he might have been incorrect in his comments. He clarified that the money was used during 2018-2019. Mr. McCraw advised that the data being shared with Council was trailed so the data was from 2017-2018. Council Member Jordan stated that the reason the City could now fund school activities was different because of the General Assembly. He asked if Council decided to extend the program on a one-time basis at this point, what was the need to change the Budget and why could the City not use the reserve funds. City Manager Faison advised that this would be considered a continuing program. He stated that if it was one and done, it was one and done but if it was being funded a second year or second (40", time, then that would be a continuation. City Manager Faison stated that in looking at Local Government Commission's (LGC) principles and the Government Finance Officers Association's (GFOA) requirements, the City would be obligated to treat this as a recurring expense and match up recurring revenues to offset that which would trip or require proposed expenditures to be reduced by an equivalent amount. Council Member Jordan stated that the first time the City funded the program, it was not for this purpose. He stated that this was really the first time the City would be making an expenditure for this purpose. Council Member Jordan asked why the City could not just decide to give UCPS one - 4 time seed money because the City saw a need for the program and note that this was not something that the City was going to commit to and would not commit to a recurring expense for the nurses. City Manager Faison stated that this appeared to be a recurring expense. Council Member Jordan asked what if the City made the decision to not commit to this being a recurring funding. City Manager Faison felt that the LGC would look at the behavior, the performance and the repetitive funding. Mayor Pro Tem Anderson stated that he agreed with Council Member Jordan. He stated that if Council approved the funding, the City still had the option next year of not approving it. Mayor City Council Regular Meeting May 7, 2019 Page 110 Pro Tem Anderson stated that this was still Council's decision each year what they did in their Budget. If Council approved the funding tonight, he did not see that as an obligation to approve the funding next year. City Manager Faison stated that he was not saying that it obligated Council. He stated that what he was saying was how this was treated from an accounting principle standpoint. City Manager Faison stated that this would be received and treated as a recurring expense which would need a matching, recurring revenue. Council Member Jordan asked Mr. McCraw when he needed a decision on the funding. Mr. Craw stated that whenever Council could make a decision. Council Member Jordan stated that it appeared further discussion was needed and not in front of an audience. Council Member McGee asked if there was a way a committee could be formed to meet and have discussion with the School Board to see how the money was going to be allocated. Council Member Anthony felt that all of Council needed to hear the information. Council Member Holloway stated that he was a Council Member with good intentions and while everything that Mr. McCraw said was spot on and there was a need for this program, every person that lived in the City of Monroe was already paying Union County taxes to fund the schools. He stated that the City had programs that were needed but could not be funded because funds were being diverted to the UCPS' program. Council Member Holloway stated that he was not saying that this was not a great program and while he felt that the nurses were doing a great job and there was a need, he felt that the advocates and the advocacy needed to go to the School Board and not the Monroe City Council. Council Member Anthony moved to table this matter to the June 4, 2019 City Council Meeting to allow for further information and allow the legalities to be worked so that Council could make an informed decision. Council Member Jordan 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 Council Member Jordan stated that if the school system was still the Monroe City School System, this would be a no brainer for Council. He stated that the Monroe City Council always took care of the students when they were a Monroe School System. Council Member Jordan stated that they were not a Monroe School System anymore. He thanked Mr. McCraw for what they were trying to do for the students. City Council Regular Meeting May 7, 2019 Page 111 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. 4. Asphalt Paving Program for 2018-2019. Finance Director Lisa Strickland advised by memorandum that a section of asphalt used for loading materials with the forklift at the warehouse at the Operations Center located at 2401 Walkup Avenue was deteriorating. Due to safety concerns over the forklift tipping, Mrs. Strickland advised that this repair needed to be expedited. She advised that the total cost of the repair was $52,227. Ms. Strickland advised that the expense was to be split three ways equally between the Water Fund, Electric Fund and General Fund since all use the area at this facility. Ms. Strickland advised that the City awarded the Fiscal Year 2018-2019 Asphalt Paving Program contract to Lynches River Contracting, Inc. on September 4, 2018. She advised that Lynches River had confirmed that they would be able to add this paving repair at the Operations Center to the 2018-2019 contract via a change order. Ms. Strickland advised that Staff presented this item to the General Services Committee on April 18, 2019. Ms. Strickland advised that it was the recommendation of the General Services Committee and Staff that Council approve Change Order #1 from Lynches River Contracting, Inc. in the amount (4w" of $52,227 for a paving repair at 2401 Walkup Avenue, adopt a Capital Project Budget Ordinance appropriating funds and authorize the City Manager to execute the necessary documents. A. Change Order #1 from Lynches River Contracting, Inc. for 2401 Walkup Avenue. Council Member McGee moved to approve Change Order #1 from Lynches River Contracting, Inc. in the amount of $52,227 for a paving repair at 2401 Walkup Avenue. 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 B. Capital Project Budget Ordinance. Council Member McGee moved to adopt Capital Project Budget Ordinance BO -2019-04: CAPITAL PROJECT BUDGET ORDINANCE PAVING REPAIRS AT 2401 WALKUP AVENUE BO -2019-04 WHEREAS, the City desires to provide a safe working environment for employees; and 4 WHEREAS, a section of asphalt used for loading materials with the forklift at the warehouse at the Operations Center at 2401 Walkup Avenue is deteriorating; and City Council Regular Meeting May 7, 2019 Page 112 WHEREAS, the repair can be added to the 2018-2019 asphalt paving program contract with Lynches River Contracting, Inc. via change order and approval additional funding. NOW, THEREFORE, BE IT ORDAINED that the City Council hereby creates a project for paving repairs at the Operations Center at 2401 Walkup Avenue and approves funding as follows: Water & Sewer Fund: Revenues: Appropriation from Fund Balance $17,409 Expenditures: Transfer to General Capital Project Fund $17,409 General Fund: Revenues: Appropriation from Fund Balance $17,409 Expenditures: Transfer to General Capital Project Fund $17,409 Electric Fund: Revenues: Appropriation from Fund Balance $17,409 Expenditures: Transfer to General Capital Project Fund $17,409 General Capital Project Fund: Revenues: Transfer from General Fund $17,409 Transfer from Water & Sewer Fund $17,409 Transfer from Electric Fund $17,409 Expenditures: Capital Improvements $52,227 Adopted this 7th day of May, 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. City Manager to Execute Documents. Council Member McGee moved to authorize the City Manager to execute any and all necessary documents with regard to Change Order #1 from Lynches River Contracting, Inc. in the amount of $52,227 for a paving repair at 2401 Walkup Avenue. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, City Council Regular Meeting May 7, 2019 Page 113 McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 5. Award of Service Side Arm (Surplus Equipment) to Retiring Employee Cristobal Carrion. Police Chief Bryan Gilliard advised by memorandum that Sergeant Cristobal Carrion would be retiring from the City. Mr. Gilliard advised that the General Assembly of North Carolina recognized the importance and the symbolism of a police officer's service side arm. He advised that General Statute §20-187.2 authorized municipalities, at the discretion of the governing board, to honor retiring police officers by awarding them their service side arms. Mr. Gilliard shared that §20-187.2 stated that the City Council might "award to a retiring member ... upon request, the service side arm of such retiring member[], at a price determined by such governing body, upon determining that the person receiving the weapon is not ineligible to own, possess, or receive a firearm." Mr. Gilliard advised that recognizing the importance of this side arm to Mr. Carrion, Staff felt it was fitting and proper to honor him by awarding him his side arm to cherish during retirement. In accordance with General Statute §20-187.2, Mr. Gilliard advised that it was the recommendation of Staff that Council set the price of the service side arm at $ 0.01 (one cent), and find that Mr. Carrion was eligible to own, possess, or receive his service side arm. He advised that if approved, the service side arm would be presented to Mr. Carrion at a later date. Council Member McGee moved to find Sergeant Cristobal Carrion eligible to own, possess, or (40w, receive his service side arm and sets the cost of his service side arm (surplus equipment) at $ 0.01 (one cent). 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. 6. Budget Amendments. A. Charlotte -Monroe Executive Airport Fuel Management and Point -of -Sales System. Charlotte -Monroe Executive Airport Manager Peter Cevallos advised by memorandum that the Airport currently relied on multiple manual processes and dated equipment to track and account for Airport revenues. Mr. Cevallos advised that these processes included "stick" and visual readings of the fuel tank quantities, manual logging of fuel sales on forms, transcribing them into the computer on individual spreadsheets and utilizing outdated equipment that sometimes was difficult to maintain. He advised that key City Staff members (e.g. airport, accounting, manager) have had several in-depth discussions on improving the Airport's business processes that would automate the current manual process of inventory and reconciliation of fuel quantities and sales. Mr. Cevallos advised that it was the conclusion of Staff that new technologies consisting of new fueling equipment components and improved software would greatly improve the existing processes the Airport utilizes to conduct their business. City Council Regular Meeting May 7, 2019 Page 114 Mr. Cevallos advised that this desired solution would automate and synchronize Airport sales data within the existing Airport's processes and with the City's financial software. He advised that there were three major components that supported this solution: an automated fuel monitoring and management system; an improved self-service fuel terminal; and, an updated, web -based software that would account and report the data from the aforementioned fueling equipment. Mr. Cevallos advised that the fuel monitoring and management system Airport intended to be purchased would be installed on the fuel storage tanks and the refueling truck was a new electronic system that would provide very accurate and timely data on both fuel types the Airport sells. He advised that the system would tie real-time into the Fixed -Base Operations (FBO) point -of -sales software, and provide precision counting for the liquid inventory and delivery operations. Mr. Cevallos advised that the Airport would replace the existing self-service fueling terminal with a new digital one, which was fitted with current web based software, wireless, and easier to maintain. He advised that the existing terminal was the original equipment that came with the self- service fueling tank in 2006 and due to its age, it was very cumbersome to interface with equipment and get it serviced. Mr. Cevallos advised that with the procurement of these fuel equipment improvements, procurement of an advanced software was equally imperative for a total solution. He advised that the new software would be an all-encompassing Point -of -Sales System for Staff to have better accountability of all inventory (including fuel), and sales transactions, and also give the Accounting Department the accessibility to review the inventory and sales data to ensure proper reconciliation. Mr. Cevallos advised that Airport Staff worked with the City's contracting agent and Finance Department and solicited proposals for each of the three initiatives that the Airport was seeking to improve. He advised that software demonstrations were conducted with the Airport, Information Technology and Finance Departments participating. Mr. Cevallos advised that the appropriate vendors for the fueling equipment conducted Airport on-site visits to see the existing configuration and discussed with Staff the expected requirements. Mr. Cevallos advised that procuring this FBO software and the accompanying fueling equipment would successfully re -vamp the Airport's FBO process, allowing a more accurate fuel inventory and sales accountability. He advised that Staff was supportive for the implementation of these hardware and software improvements that would efficiently streamline and increase accuracies in the Airport's business processes. Mr. Cevallos advised that Staff presented this item to the General Services Committee on April 18, 2019. Mr. Cevallos advised that it was the recommendation of the General Services Committee and Staff that Council adopt a Budget Amendment to appropriate these necessary funds to the designated Airport expenditure accounts in order to procure the hardware and software improvements. Council Member McGee moved to adopt Budget Amendment BA -2019-14: City Council Regular Meeting May 7, 2019 Page 115 BUDGET AMENDMENT BA -2019-14 1. Amendment necessary to fund hardware and software improvements that will efficiently streamline and increase efficiencies in the Airport's business processes: General Fund: Revenues: Appropriation from Unassigned Fund Balance $76,485 Expenses: Transfer to Airport Fund $76,485 Airport Fund: Revenues: (r Transfer from General Fund $76,485 Expenses: Airport Operations $76,485 Adopted this 71 day of May 2019. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, (4W." McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Fire Department Donations from Cornerstone Property Owners Association, Inc. and Union County Association of Realtor, Inc. Fire Chief Ron Fowler advised by memorandum that Staff had received a $100 donation from Cornerstone Property Owners Association, Inc. and a $220 donation from the Union County Association of Realtors, Inc. for use of the Community Room at Fire Station 4. Mr. Fowler advised that these donations would be used toward items for the community room. Mr. Fowler advised that Staff presented this item to the General Services Committee on April 18, 2019. Mr. Fowler 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 McGee moved to adopt Budget Amendment BA -2019-07: BUDGET AMENDMENT BA -2019-07 1. Amendment necessary to designate and appropriate funds received from donations from Cornerstone Property Owners Association, Inc. and Union County Association of Realtors, Inc. as itemized below, to support the Fire Department: City Council Regular Meeting May 7, 2019 Page 116 General Fund: Revenues: Miscellaneous $320 Expenditures: Fire Department $320 Adopted this 711 of May 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. Police Department Donation from Walmart. Police Chief Bryan Gilliard advised by memorandum that Staff had received a $4,000 donation from Walmart to be used for Police Department Youth Programs. Mr. Gilliard advised that Staff presented this item to the General Services Committee on April 18, 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 McGee moved to adopt Budget Amendment BA -2019-11: BUDGET AMENDMENT BA -2019-11 1. Amendment necessary to designate and appropriate funds received from Walmart for youth programs. General Fund: Revenues: Miscellaneous $4,000 Expenditures: Public Safety $4,000 Adopted this the 701 day of May 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 City Council Regular Meeting May 7, 2019 Page 117 D. Police Department Reimbursement from Drug Enforcement Administration. Police Chief Bryan Gilliard advised by memorandum that Staff had received reimbursement funds from the Drug Enforcement Administration in the amount of $24,011 for overtime pay for Police Officers working special task forces. Mr. Gilliard advised that Staff presented this item to the Public Safety Committee on April 15, 2019. Mr. Gilliard advised that it was the recommendation of the Public Safety Committee and Staff that Council adopt a Budget Amendment appropriating and designating the funds to the overtime budget for the Police Department. Council Member McGee moved to adopt Budget Amendment BA -2019-13: BUDGET AMENDMENT BA -2019-13 1. Amendment necessary to designate and appropriate funds received from Drug Enforcement Administration for the Police Department overtime budget. General Fund: Revenues: Restricted Governmental $24,011 Expenditures: Public Safety $24,011 Adopted this 7 I of May 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 (W Item No. 7. Call for Public Hearings to be Held June 4, 2019. A. Fiscal Year 2019-2020 Budget. Finance Director Lisa Strickland advised by memorandum that North Carolina General Statute §159-12 stipulated that a public hearing be held to receive public comment on the proposed annual Budget prior to adoption of such Budget. Ms. Strickland advised that it was the recommendation of Staff that Council call for a public hearing to be held on June 4, 2019 at 6:00 p.m. to receive public input. Council Member McGee moved to call for a public hearing to be held on June 4, 2019 at 6:00 p.m. to consider this request. Council Member Anthony seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting May 7, 2019 Page 118 AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Zoning May Amendment Request to Rezone Properties Located along W. Crowell Street, N. Charlotte Avenue and W. Jefferson Street and from General Industrial to Central Business District. Planning and Development Director Lisa Stiwinter advised by memorandum that Staff had received a zoning map amendment request to rezone the rezone properties located along W. Crowell Street, N. Charlotte Avenue, and W. Jefferson Street (tax parcels 09-232-257, 09-232-260, 09-232-254, 09-232-256, 09-232-255) from General Industrial (GI) to Central Business District (CBD). Ms. Stiwinter advised that this request was scheduled to be presented to the Planning Board on May 8, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on June 4, 2019 to consider this requests. If this item does not move forward at the May 8, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the requests before City Council on June 4, 2019. Council Member McGee moved to call for a public hearing to be held on June 4, 2019 at 6:00 p.m. to consider this request. 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. 8. Charlotte Avenue Widening Project, Engineering Director Jim Loyd advised by memorandum that the State Transportation Improvements Program (STIP) included Project No. U-6031 to widen Charlotte Avenue from Seymour Street to NC 200 (Dickerson Boulevard) and improvements to NC 200 (ML King Boulevard) from Charlotte Avenue to Goldmine Road. Mr. Loyd advised that the current schedule provided for right-of-way acquisition to begin in 2019 and construction in 2021. He advised that both Charlotte Avenue and NC 200 were planned to be widened from two lanes to four lanes, with a raised center median in a portion of the project. Mr. Loyd advised that the project also included sidewalk and bicycle accommodations. Mr. Loyd advised that the Comprehensive Transportation Plan developed with the Charlotte Regional Transportation Planning Organization (CRTPO) indicated that Monroe ultimately desired for Charlotte Avenue to be a four -lane facility inclusive of pedestrian facilities, bicycle lanes and sidewalk to the western corporate limits, tying to improvements planned in Mecklenburg County and Indian Trail. He advised that original transportation plans called for the improvements to Charlotte Avenue to ultimately extend eastward to Church Street. However, Mr. Loyd advised that this section was removed from consideration in 2015 by Council due to the excessive costs ($87.34 million dollars) associated with the widening at the railroad trestles. He advised that inclusion of sidewalks met the North Carolina Department of Transportation's (NCDOT) Complete Streets Policy to consider and incorporate several modes of transportation when building City Council Regular Meeting May 7, 2019 Page 119 new projects or making improvements to existing infrastructure. Mr. Loyd advised that inclusion of alternative modes of transportation also ensured that the region remained competitive for (, Federal dollars. Mr. Loyd advised that a public meeting was held by NCDOT on the project on February 28, 2019. He advised that the public meeting map identified the inclusion of an eight ft. sidewalk along with a four ft. bicycle lane along each side of Charlotte Avenue from Seymour Street to Dickerson Boulevard. Mr. Loyd advised that at the public meeting, concern was raised about the pedestrian facilities due to the overall impacts of the project to the residential properties near Dickerson Boulevard. He advised that subsequently, Staff had worked with NCDOT to eliminate the four ft. wide bicycle lanes along each side of the roadway in exchange for the provision of a ten ft. multi- use path along one side with eight ft. sidewalk on the opposite side of the improvements. Mr. Loyd advised that this was the cross section previously endorsed by Council for the projects to widen US 74 from Roland Drive to Rocky River Road and US 601 from US 74 to Ridge Road. He shared that elimination of the bicycle lanes created a net decrease in the improvement footprint by six ft. Mr. Loyd advised that Staff had also worked with NCDOT to have the eight ft. sidewalk extend along both sides of the project area on Charlotte Avenue from Seymour Street to Elizabeth Street and extend along the east side of Dickerson Boulevard for approximately 831 ft. and tie to existing sidewalk previously installed as development requirements. He advised that the estimated costs for the City's share of the pedestrian enhancements were $193,300. Mr. Loyd advised that the proposed sidewalk provided pedestrian access which was a mode of transportation that was absent along this section of Charlotte Avenue. He advised that pedestrian friendliness correlated to the livability of a community. Mr. Loyd advised that Staff was (4m,e recommending the ten ft. concrete multi -use path along the north side of the roadway as part of this project with an eight ft. sidewalk to be provided along the south side between Seymour Street and Dickerson Boulevard. He advised that the recommendation was also inclusive of the additional eight ft. sidewalk on both sides of Charlotte Avenue between Seymour Street and Elizabeth Street and on the east side of Dickerson Boulevard extending from Charlotte Avenue approximately 831 ft. to connect with the existing sidewalk at a private drive entrance. Mr. Loyd advised that in the past, the City of Monroe had used Powell Bill Reserve Funds to cover costs of the City's participation for the STIP projects. He advised that Powell Bill reserve funds were sufficient to cover the City's share of costs. Mr. Loyd advised that a formal municipal agreement L would be brought forward at a future date once provided by NCDOT. Mr. Loyd advised that Staff also recommended amending the Standard Specifications and Detail Manual to reflect the inclusion of the ten ft. multi -use path on the north side of Charlotte Avenue from Seymour Street to the western corporate limits. He advised that the eight ft. requirement for sidewalk would be retained for the south side of the roadway along its entirety as well as the north side of the roadway east of Seymour Street as a development requirement. Mr. Loyd advised that Staff was not recommending extending the multi -use path eastward from Seymour Street since this would be the end of the eastern section of multi -lane widening planned for Charlotte Avenue and to lessen impacts to the adjoining properties. City Council Regular Meeting May 7, 2019 Page 120 Mr. Loyd advised that the provision for the multi -use path and additional sidewalk as part of the U-6031 Project along with the proposed modification to the Standard Specifications and Detail Manual was presented to the Public Enterprise Committee on April 16, 2019. Mr. Loyd advised that it was the recommendation of the Public Enterprise Committee and Staff that Council: approve the provision of a ten ft. wide concrete multi -use path along the north side of Charlotte Avenue and an eight ft. sidewalk on the opposite side from Seymour Street to Dickerson Boulevard, extend the eight ft. sidewalk on both sides of Charlotte Avenue to the east terminating at Elizabeth Street and extend the eight ft. sidewalk along the east side of Dickerson Boulevard for approximately 831 ft. from Charlotte Avenue to existing sidewalk at a private drive entrance at a total estimated cost share of $193,000 to the City of Monroe for the described pedestrian improvements; and, adopt an Ordinance amending the Standard Specifications and Detail Manual to reflect the inclusion of the ten ft. multi -use path on the north side of Charlotte Avenue from Seymour Street to the western corporate limits. A. Pedestrian and Bicycle Enhancements. Council Member McGee moved to approve the provision of a ten ft. wide concrete multi -use path along the north side of Charlotte Avenue and an eight ft. sidewalk on the opposite side from Seymour Street to Dickerson Boulevard, extend the eight ft. sidewalk on both sides of Charlotte Avenue to the east terminating at Elizabeth Street and extend the eight ft. sidewalk along the east side of Dickerson Boulevard for approximately 831 ft. from Charlotte Avenue to existing sidewalk at a private drive entrance at a total estimated cost share of $193,000 to the City of Monroe for the described pedestrian improvements. 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 B. Ordinance Amendine Standard Specifications and Detail Manual. Council Member McGee moved to adopt Ordinance 0-2019-29: ORDINANCE TO AMEND CITY OF MONROE STANDARD SPECIFICATIONS AND DETAIL MANUAL 0-2019-29 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT the City of Monroe Standard Specifications and Detail Manual is amended as follows: Section 1. Amend REVISION LOG to add: Rev. No. Date Adopted by City Council Summary 14 May 7, 2019 Revised per Ordinance 0-2019-29 Section 2. Amend DIVISION 02.00 STREETS/02.02.06 SIDEWALK REQUIREMENTS per the attached. L Adopted this 701 day of May, 2019. City Council Regular Meeting May 7, 2019 Page 121 A Ln LIM ATTACHMENT 02.02.06 SIDEWALK REQUIREMENTS A. EXISTING AND PROPOSED ROADWAYS TABLE 02-02 SIDEWALK REQUIREMENTS FOR EXISTING AND PROPOSED ROADWAYS Street Type Both Sides One Side None Arterial* X Collector * X Commercial X Commercial Cul-de-sac X Residential with Through Access XX Residential Cul-de-sac serving 11 or more lots X Residential Cul-de-sac serving 10 or less lots X *Listing of Identified Existing Arterial Streets and Existing Collector Streets found in Section 02.02.06 B. Development Requirements Note: 1) Sidewalk requirements do not apply to in -fill residential lot construction. 2) Sidewalks required along existing arterial and collector roadways for all major residential and commercial subdivisions based on side of lot frontage. 3) Sidewalk required along existing arterial and collector streets identified in Section 02.02.06 B. and shall be 8 feet minimum in width with the exception of US Highway 74 and Charlotte Avenue. A 10 foot wide concrete multiuse path shall be provided along the south side of US Highway 74 with an 8 -foot sidewalk along the north side of the roadway. A 10 foot wide concrete multiuse path shall be provided along the north side of Charlotte Avenue from Seymour Street to the western corporate limits with an 8 -foot wide sidewalk along the entire south side as well as the north side east of Seymour Street. 4) Sidewalk required in residential and commercial developments shall be 5 feet in width. B. DEVELOPMENT REQUIREMENTS All private and public roads including access ways shall be designed and constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Any non -single family lot development and new residential and commercial subdivisions shall provide sidewalk along the property frontage if the parcel is located along the following existing arterial and collector roads: A. Allen Street SR 1245 B. Charlotte Avenue/Highway SR 1009 City Council Regular Meeting May 7, 2019 Page 122 C. Concord Avenue D. Dickerson Boulevard SR 1223 E. Fowler Secrest Road F. Franklin Street NC 75, SR 2100 G. Goldmine Road SR 1162 H. Griffith Road SR 2139 I. Hayne Street NC 207 J. James Hamilton Road K. Lancaster Avenue/Highway NC 200 L. Medlin Road SR 2102 M. M. L. King, Jr. Boulevard SR 1223 N. Morgan Mill Road NC 200, SR 2188 O. Myers Road P. Pageland Highway US 601 Q. Rocky River Road SR 1007 R. Roosevelt Boulevard US 74 S. Secrest Avenue T. Secrest Short Cut Road SR 1501 U. Skyway Drive US 601, NC 200 V. Sunset Drive SR 2180, SR 2181 W. Sutherland Avenue X. Walkup Avenue SR 1751 2. A certificate of occupancy will not be issued for any use until all sidewalk improvements, in accordance with this section, have been met and are in place and ready for use. The City Manager may grant exceptions to the above requirement for a period of not more than eighteen (18) months, for special or unusual circumstances, providing that the developer or property owner provides the City with a cash bond or irrevocable letter of credit insuring the installation of the required sidewalk improvements. The City Manager may grant additional extensions of eighteen (18) months upon a finding of just cause and receipt of an additional cash bond or irrevocable letter of credit for the eighteen (18) month extension period to secure installation of the sidewalk improvements. Any cash bond or letter of credit required herein shall be accompanied by detailed documentation of the estimated cost of the remaining sidewalk to be completed. This documentation may be a paving/grading contractor's bid or contract, or similar instrument and shall be subject to approval by the Engineering Director. The amount of the cash bond `r, or letter of credit shall be in an amount equal to or more than 120% of the estimated cost to complete the improvements. (Guarantee for required sidewalk improvements in new subdivisions shall be provided in accordance with Section 07.17, Guaranteeing Subdivision Improvement.) If at any time the City, or other party, constructs the sidewalk to a point that connects to the property for which a cash bond or irrevocable letter of credit has been posted, the developer or property owner must move forward to construct the sidewalk across their property in accordance with City standards within 90 days. 02.02.07 STREET NAME IDENTIFICATION SIGNS & STOP SIGNS City Council Regular Meeting May 7, 2019 Page 123 A I . In subdivisions located outside the city limits, the subdivider shall install street name signs and stop signs at appropriate locations in accordance with the standards and specifications of the County. Inside the city limits 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. 9. Minutes and Reports. A. Disbursement of Fiscal Year 2018-2019 City Council Discretionary Funds. 1) Mayor Pro Tem Gary Anderson. City Clerk Bridgette Robinson advised by memorandum that Staff had received a request from Mayor Pro Tem Gary Anderson for disbursement of City Council Discretionary Funds to Hospice of Union County in the amount of $285. Disbursements for Mayor Pro Tem Anderson follow: Date Recipient Fiscal Impact Amount Balance 07/01/2018 Discretionary Allocation FY 2018-2019 $3,000 07/06/2018 Monroe Police Department Explorer Post $500 $2,500 08/02/2018 Monroe Athletic Foundation $250 $2,250 08/16/2018 Monroe Deliverance Center $500 $1,750 08/16/2018 Central Academy of Technology and Arts Parent Teacher Student Organization $500 $1,250 09/06/2018 Union County Branch NAACP $30 $1,220 10/10/2018 Have a Heart Foundation of Union County $100 $1,120 10/10/2018 Turning Point $200 $920 11/07/2018 The Shepherd's Place $150 $770 11/12/2018 Heart for Monroe $100 $670 11/29/2018 Union County Chamber of Commerce $55 $615 12/06/2018 Bridging of the Ga $150 $465 12/14/2021 Community Shelter of Union County $100 $365 12/14/2018 Union County Dr. Martin Luther King, Jr. Organization $50 $315 01/25/2019 A Few Good Men $30 $285 03/28/2019 Hospice of Union Coun $285 $0 As this item was for informational purposes only, no action was required from Council. 2) Council Member Surluta Anthony. City Clerk Bridgette Robinson advised by memorandum that Staff had received requests from Council Member Surluta Anthony for disbursement of City Council Discretionary Funds to Union County Community Arts Council in the amount of $50 and Union County Crisis Assistance Ministry in the amount of $40. Disbursements for Council Member Anthony follow: City Council Regular Meeting May 7, 2019 Page 124 IM A Date Recipient Fiscal Impact Amount Balance 07/01/2018 Discretionary Allocation FY 2018-2019 $500 $3,000 07/03/2018 Community Health Services of Union County, Inc. $500 $2,500 07/03/2018 Rotary Club of Monroe $600 $1,900 07/06/2018 Union County Community Shelter $150 $1,750 08/01/2018 Monroe High School Athletic Foundation $300 $1,450 09/06/2018 Christian Family Care Home $300 $1,150 09/06/2018 Union County Crisis Assistance Ministry $300 $850 09/06/2018 Union County Branch NAACP $30 $820 10/19/2018 Union County Crisis Assistance Ministry $50 $770 11/07/2018 The Shepherd's Place $200 $570 11/26/2018 Rotary Club of Monroe $200 $370 12/17/2018 Dr. Martin Luther King, Jr. Prayer Breakfast $25 $345 12/17/2018 Union County Ministers Dr. Martin Luther King, Jr. Banquet $25 $320 01/25/2019 A Few Good Men $30 $290 01/25/2019 Rotary Club of Monroe $200 $90 04/01/2019 Union County Community Arts Council $50 $40 04/12/2019 Union County Crisis Assistance Ministry $40 $0 As this item was for informational purposes only, no action was required from Council. 3) Mayor Bobby Kilgore. City Clerk Bridgette Robinson advised by memorandum that Staff (40." had received a request from Mayor Bobby Kilgore for disbursement of City Council Discretionary Funds to the Union County Chamber of Commerce in the amount of $20. Disbursements for Mayor Kilgore follow: A Date 07/07/2018 Recipient Discretionary Allocation FY 2018-2019 Fiscal Im act Amount Balance $3,000 09/27/2018 Council on Aging in Union County $500 $2,500 09/27/2018 Monroe High School Athletic Foundation $250 $2,250 10/24/2018 Bridge to Recovery $250 $2,000 11/02/2018 Union County Chamber of Commerce $50 $1,950 11/07/2018 The Shepherd's Place $250 $1,700 12/03/2018 Union County Crisis Assistance Ministry $125 $1,575 12/21/2018 Union County Dr. Martin Luther King, Jr. Organization $25 $1,550 12/21/2018 Dr. Martin Luther King, Jr. Committee, Inc. $25 $1,525 01/25/2019 A Few Good Men $30 $1,495 03/20/2019 The ARC of Union/Cabarrus $200 $1,295 04/17/2019 Union County Chamber of Commerce $20 $1,275 As this item was for informational purposes only, no action was required from Council. 4) Council Member Franco McGee. City Clerk Bridgette Robinson advised by memorandum that Staff had received requests from Council Member Franco McGee for disbursement of City Council Discretionary Funds to Benton Heights Elementary School of Arts in the amount of City Council Regular Meeting May 7, 2019 Page 125 A $268.55 and Union County Alumnae Chapter — Delta Sigma Theta, Inc. in the amount of $500. Disbursements for Council Member McGee follow: Date 07/07/2018 Recipient Discretionary Allocation FY 2018-2019 Fiscal Impact Amount Balance $3,000 08/09/2018 Mirror Mirror Organization $150 $2,850 12/17/2018 Dr. Martin Luther King, Jr. Prayer Breakfast $25 $2,825 12/17/2018 Union County Dr. Martin Luther King, Jr. Organization $25 $2,800 12/21/2018 Parkwood High School Basketball Teams $190 $2,610 12/31/2018 Bridging the Gap Event $250 $2,360 01/09/2019 Grow Smart CLT $10 $2,350 04/12/2019 Benton Heights Elementary School of Arts $269 $2,081 04/12/2019 Union CopAlumnae Chapter — Delta Sigma Theta, Inc. $500 $1,581 As this item was for informational purposes only, no action was required from Council. B. Financial Reports for April 2019. Financial Reports for April 2019 were received as information by Council. C. Minutes of Board of Adiustment Meeting of February 28, 2019. Minutes of the Board of Adjustment Meeting of February 28, 2019 were received as information by Council. D. Minutes of City Council Meetings of April 2, 2019 and April 16, 2019. Council Member (60", McGee moved to approve the Minutes of the City Council Strategic and Regular Meetings of April 2, 2019 and the Regular Minutes of April 16, 2019, 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 E. Minutes of General Services Committee Meeting of March 20, 2019. Minutes of the General Services Committee Meeting of March 20, 2019 were received as information by Council. F. Minutes of Historic District Commission Meeting of March 11, 2019. Minutes of the Historic District Commission Meeting of March 11, 2019 were received as information by Council. G. Minutes of Monroe Tourism Development Authority Meeting of March 14, 2019. Minutes of the Monroe Tourism Development Authority Meeting of March 14, 2019 were received as information by Council. H. Minutes of Monroe -Union County Economic Development Board of Advisors Meeting of February 12, 2019. Minutes of the Monroe -Union County Economic Development Board of Advisors Meeting of February 12, 2019 were received as information by Council. City Council Regular Meeting May 7, 2019 Page 126 I Minutes of Planning Board Meeting of March 6, 2019 and April 3, 2019 (Draft). Minutes of the Planning Board Meeting of March 6, 2019 and April 3, 2019 (Draft) were received as (, information by Council. A 0 A J. Minutes of Public Safety Committee Meeting of February 18, 2019. Minutes of the Public Safety Committee Meeting of February 18, 2019 were received as information by Council. K. Summary of Contracts Awarded, Change 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 0-2018-50: Date Name Purpose Fiscal Im act Fund Amount 03/22/2019 Wood Harvest, Inc. Clearing, grubbing and removal Water $19,700 of woody debris at Waterline Resources Easement 03/26/2019 Custom Woodworks Replacing cabinet doors for Parks and *$2,542 and Cabinets Tots Corner at MAFC Recreation 03/27/2019 HM Kern Monroe Science Center Downtown *$1,984 03/28/2019 Electro Painters Painting of metal poles in the Energy $28,000 Downtown area Services 03/28/2019 Remac, Inc. Rejuvenate the pavement Airport *$1,500 surface at Hangar #6 03/29/2019 Research on Lead Generation for Economic Economic $8,000 Investment Development for the 2019 Paris Development Air Show 04/01/2019 Carolina Electric Repair Pump #1 at Stewarts Water $8,897 Motor Repair Creek Lift Station Resources 04/01/2019 Power Substation Oil reclamation and bushing Energy $85,720 Services replacement at Hal Coan 13.2 Services kV Bank Transformers 04/04/2019 Wilson Fence Furnish and install galvanized Energy *$4,999 Company chain link fence around Services Stratford Natural Gas Regulating Station 04/04/2019 Lawrence and Professional Land Surveying Energy $14,997 Associates Services Services 04/05/2019 Carolina Electric Repairs to Pump #2 at Stewart Water *$4,306 Motor Repair Creek Lift Station Resources 04/05/2019 Re -Strap Replace strapping on deck Parks and *$2,061 chairs for MAFC Water Park Recreation 04/05/2019 Lawrence Associates Professional surveying services Economic *$900 for the annual BMP Site Development Inspection for Spec Building IV 04/08/2019 Carolina Cat Maintenance and repairs of Water *$2,500 CO #1] W WTP generators Resources 04/08/2019 Golf Course Renovation of the back tee box Parks and $49,900 Services, Inc. on Hole #13 and landing area Recreation Hole #18 at MCC City Council Regular Meeting May 7, 2019 Page 127 Date Name Purpose Fiscal Im act Fund Amount 04/17/2019 Altura Development Property 04/09/2019 Morris Trucking Residual hauling from the WTP Water $30,000 (Provides City's Airport General [CO #2] Resources 04/12/2019 Union County Union County Historic Planning and *$300 above as Courthouse Tour as part of Development deductible) Preservation Month 04/12/2019 LaBella Associates Specified site environmental for Planning and $6,000 Concord Avenue Development 04/12/2019 Hamilton Stephens Legal Services Legal $8,469 Steele + Martin [CO #1] 04/12/2019 Booth & Associates Engineering and consulting Energy $38,000 services Services 04/23/2019 Minerva Bunker Inspection and repair of fire Fire *$1,507 Gear Cleaners turnout gear during FY 2019 04/23/2019 Eagle Engineering Provide professional Water $18,000 engineering design and Resources surveying services related to water main re lacement projects *Approved by Department Director Total $338,282 The following is a settlement of claims through April 30, 2019: Date Claimant Claims Asserted Fiscal Impact Fund Amount 04/17/2019 Altura Development Property Paid by Chubb Insurance* $27,825.39 Group, Ltd./ Damage (Provides City's Airport General (City pays CMG Builders, Inc. Liability insurance coverage) $7,500 of above as deductible) This item was for informational purposes only; therefore, no action was required from Council. Item No. 10. North Carolina Main Street Designation Annual Agreement. Assistant City Manager Brian Borne advised by memorandum that prior to Fiscal Year 2019-2020, all designated Main Street and Small Town Main Streets were now required to sign a Memorandum of Understanding with North Carolina Main Street (NCMS). Mr. Borne advised that the Agreement outlined the requirements and benefits of being designated a Main Street Community. He advised that the requirements were basic best practices for operating a Main Street program and broadly followed the National Main Street Accreditation standards. Mr. Borne advised that there was no additional financial obligation associated with the signing of the Agreement. Mr. Borne advised that Staff presented this matter to the General Services Committee on April 18, 2019. City Council Regular Meeting May 7, 2019 Page 128 Mr. Borne advised that it was the recommendation of the General Services Committee and Staff that Council authorize the Assistant City Manager/Downtown Director and the City Manager sign (, the North Carolina Main Street Designation Annual Agreement. Council Member McGee moved to authorize the Assistant City Manager/Downtown Director and the City Manager to sign the North Carolina Main Street Designation Annual Agreement. 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. 11. OMNOVA Solutions Grant Application for Fire Department. Fire Chief Ron Fowler advised by memorandum that Staff had an opportunity to apply for an OMNOVA Solutions Grant that would be used to purchase fire safety education and prevention material/equipment and to send one person to the Union County Leadership Union program. Mr. Fowler advised that the grant was in the amount of $1,750. He advised that there was no matching funds requirement for this grant. Mr. Fowler advised that the grant deadline was October 31, 2019. Mr. Fowler advised that Staff presented this item to the Public Safety Committee on April 15, 2019. Mr. Fowler advised that it was the recommendation of the Public Safety Committee and Staff that Council authorize Staff to submit an application for the OMNOVA Solutions grant. Council Member McGee moved to authorize Staff to submit an application for the OMNOVA Solutions grant. 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. 12. Ordinances. A. Code of Ordinances — Title VII: Traffic Code. Chapter 75: Traffic Schedules — Schedule I — Speed Limits. Section (B) titled "City Maintained Streets" for Reduced Speed on Dover Place and Dover Street. Engineering Director Jim Loyd advised by memorandum that Staff had received a traffic calming request from a resident of Dover Street. Mr. Loyd advised that to proceed with the traffic calming request, all qualifying streets must be posted at 25 mph for six months. He advised that all streets within the corporate limits were designated 35 mph unless otherwise posted. To provide uniformity in speed limits, Mr. Loyd advised that it was recommended that Dover Place also be included by Ordinance since adjacent Iceman Street was posted 25 mph. Per the Neighborhood Speed Limit Policy, Mr. Loyd advised that signs could be posted at the entrance to City Council Regular Meeting May 7, 2019 Page 129 A A the neighborhood to restrict the speed limit for the entire neighborhood. He advised that by Policy, a "Neighborhood" plaque would be mounted above the speed limit sign with an "Unless Otherwise Posted" plaque mounted below the speed limit sign. Mr. Loyd advised that Staff presented this item to the Public Safety Committee on April 15, 2019. Mr. Loyd advised that it was the recommendation of the Public Safety Committee and Staff that Council adopt an Ordinance amending Schedule I: (B) Speed Limits to reduce the speed limit on Dover Street and Dover Place from 35 mph to 25 mph. Council Member McGee moved to adopt Ordinance 0-2019-19 ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE VII: TRAFFIC CODE CHAPTER 75: TRAFFIC SCHEDULES 0-2019-19 BE IT ORDAINED by the City of Monroe Council that Title VII: Traffic Code, Chapter 75 — Traffic Schedules of the City of Monroe Code of Ordinances is amended as follows: Section 1. Amend SCHEDULE I. SPEED LIMITS, Section (B) City Maintained Streets to add: Street Description S eed Limit Dover Place Entire Length 25 MPH Dover Street Entire Length 25 MPH Section2. This Ordinance shall be effective upon adoption. Adopted this 71 day of May, 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 B. Fiscal Year 2019-2020 Fees Schedule. Finance Director Lisa Strickland advised by memorandum that the following changes were being proposed for the Fiscal Year 2019-2020 Fees Schedule: Chapter Change VII. Fire • Change in wording to individually list types of tents or air supported structures to reflect the North Carolina Fire Code IX. Parks and Recreation . Adding a gym rental rate for practice purposes under Article A., Section 1. Facility Rental Fee • A $2.00 increase in the Senior Rate of Cart and Green Fees City Council Regular Meeting May 7, 2019 Page 130 A Ms. Strickland advised that it was the recommendation of Staff that Council adopt an Ordinance ke approving the above changes to the Fiscal Year 2019 — 2020 Fees Schedule to be effective July 1, 2019. Council Member McGee moved to adopt Ordinance 0-2019-30: ORDINANCE TO ADOPT FISCAL YEAR 2019-2020 CITY OF MONROE FEES SCHEDULE 0-2019-30 BE IT ORDAINED by the City Council of the City of Monroe that the City of Monroe Fees Schedule adopted May 1, 2018, and effective July 1, 2018, is hereby rewritten as shown on the attached Schedule entitled "City of Monroe Fees Schedule" and incorporated herein by reference. Effective Date: July 1, 2019 Adopted this May Th day of 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 Said Fiscal Year 2019-2020 Fees Schedule is hereby incorporated as apart of these Minutes as "Exhibit A." C. Twenty -Fourth Supplement to Code of Ordinances. City Clerk Bridgette Robinson advised by memorandum that American Legal Publishing Corporation had completed the Twenty -Fourth Supplement to the City Code which included all Ordinances adopted by Council through December 31, 2018. Ms. Robinson advised that it was the recommendation of Staff that Council adopt an Ordinance accepting the Twenty -Fourth Supplement to the City of Monroe Code of Ordinances. City Council Regular Meeting May 7, 2019 Page 131 • Elimination of non -Union County non-profit rental discounts for the Monroe County Club & Old Armory Facility Rentals • Expansion of the Youth Free Lunch Program discount, currently applied to basketball only, to all youth sports. • Additional minor changes throughout the chapter are for clarification and consistency across like facilities. XI. Water and Sewer • Water and sewer rate increase of 3.2% pursuant to the 15 -year rate model. Administrative and non -construction fees are increased 1.91% based on the US Bureau of Labor, South Urban region, Consumer Price Index. Also based on Engineering News Record statistics, Construction Cost Index is increased 2.92%. Ms. Strickland advised that it was the recommendation of Staff that Council adopt an Ordinance ke approving the above changes to the Fiscal Year 2019 — 2020 Fees Schedule to be effective July 1, 2019. Council Member McGee moved to adopt Ordinance 0-2019-30: ORDINANCE TO ADOPT FISCAL YEAR 2019-2020 CITY OF MONROE FEES SCHEDULE 0-2019-30 BE IT ORDAINED by the City Council of the City of Monroe that the City of Monroe Fees Schedule adopted May 1, 2018, and effective July 1, 2018, is hereby rewritten as shown on the attached Schedule entitled "City of Monroe Fees Schedule" and incorporated herein by reference. Effective Date: July 1, 2019 Adopted this May Th day of 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 Said Fiscal Year 2019-2020 Fees Schedule is hereby incorporated as apart of these Minutes as "Exhibit A." C. Twenty -Fourth Supplement to Code of Ordinances. City Clerk Bridgette Robinson advised by memorandum that American Legal Publishing Corporation had completed the Twenty -Fourth Supplement to the City Code which included all Ordinances adopted by Council through December 31, 2018. Ms. Robinson advised that it was the recommendation of Staff that Council adopt an Ordinance accepting the Twenty -Fourth Supplement to the City of Monroe Code of Ordinances. City Council Regular Meeting May 7, 2019 Page 131 Council Member McGee moved to adopt Ordinance 0-2019-18: ORDINANCE ENACTING AND ADOPTING TWENTY-FOURTH SUPPLEMENT TO CODE OF ORDINANCES FOR CITY OF MONROE, NORTH CAROLINA 0-2019-18 WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the Twenty -Fourth supplement to the Code of Ordinances of the City of Monroe, North Carolina, which supplement contains all Ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances of this Municipal Corporation; and WHEREAS, American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the North Carolina General Statutes; and WHEREAS, it is the intent of the City Council to accept these updated sections in accordance with the changes of the laws of the State of North Carolina; and WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this Ordinance take effect at an early date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE, STATE OF NORTH CAROLINA: Section 1. That the Twenty -Fourth supplement to the Code of Ordinances of the City of Monroe, North Carolina as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety. Section 2. Such supplement shall be deemed published as of the day of its adoption and approval by the City Council and the City Clerk is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk. Section 3. This Ordinance shall be in full force and effect on and from the date of its adoption. PASSED AND ADOPTED by the Monroe City Council on this 71 day of May, 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 Said Twenty -Fourth Supplement to the City Code is hereby incorporated as a part of these Minutes as "Exhibit B." City Council Regular Meeting May 7, 2019 Page 132 Item No. 13. Resolution Approving Fiscal Year 2019 Equipment Installment Financine. Finance Director Lisa Strickland advised by memorandum that on March 20, 2019, Requests for Proposals (RFP) were sent out for the 2019 Equipment Installment Financing. Ms. Strickland advised that the RFP for proposals was sent directly to 32 financial institutions. She advised that on April 10, 2019, the City received responses from ten institutions. Ms. Strickland advised that Staff presented this matter to the General Services Committee on April 18, 2019. Ms. Strickland advised that it was the recommendation of the General Services Committee and Staff that Council adopt a Resolution approving incurrence by the City of up to $635,000 indebtedness from Zions Bancorporation to finance equipment acquisitions. Council Member McGee moved to adopt Resolution R-2019-31: RESOLUTION APPROVING INCURRENCE BY CITY OF MONROE OF UP TO $635,000 INDEBTEDNESS FROM ZIONS BANCORPORATION, N.A. TO FINANCE EQUIPMENT ACQUISITIONS R-2019-31 WHEREAS, the City of Monroe ("City") has previously determined to undertake a project for one fire department vehicle, and the Director of Finance has now presented a proposal for the financing of such Project. BE IT THEREFORE RESOLVED, as follows: 1. The City hereby determines to finance the Project through Zions Bancorporation, N.A. ("Zion Bank"), in accordance with the proposal dated April 10, 2019. The amount financed shall not exceed $635,000, the annual interest rate (in the absence of default or change in tax status) shall not exceed 2.74%, and the financing term shall not exceed one hundred nineteen (119) months from closing. 2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. All officers and employees of the City are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. The Financing Documents shall include a Financing Agreement and Deed of Trust and a Project Fund Agreement as Zions Bank may request. 3. The Finance Officer is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by City officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Officer shall approve, with the Finance Officer's release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form. 4. The City shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. City Council Regular Meeting May 7, 2019 Page 133 5. The City intends that the adoption of this resolution will be a declaration of the City's official intent to reimburse expenditures for the project that is to be financed from the proceeds of the Zions Bank financing described above. The City intends that funds that have been advanced, or that may be advanced, from the City's general fund, or any other City fund related to the project, for project costs may be reimbursed from the financing proceeds. 6. All prior actions of City officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately. Adopted this 71 day of May, 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 Item No. 14. Self Contained Breathing Apparatus Replacements. Fire Chief Ron Fowler advised by memorandum that the Fiscal Year 2019 Budget allocated $546,500 for the purchase of 55 Self Contained Breathing Apparatus (SCBA) and assorted system parts and upgrades. Mr. Fowler advised that the following bids were received: Municipal Emergency Services (MES) (4w, in the amount of $479,608.11 and Rhinehart Fire Services in the amount of $490,303.16. He advised that Staff had carefully evaluated the proposals submitted and, based on this review, Staff was of the opinion that MES's bid conforms substantially to the specifications as outlined by the City for this purchase. Mr. Fowler advised that the units would be manufactured at the 3M Scott Fire and Safety's facility located in Monroe. Mr. Fowler advised that Staff presented this item to the General Services Committee on April 18, 2019. Mr. Fowler advised that it was the recommendation of the General Services Committee and Staff that Council award the contract to purchase 55 Self Contained Breathing Apparatus and assorted system parts and upgrades to MES in the amount of $479,608.11 and authorize the City Manager to execute any and all necessary documents. A. Award of Contract to Municipal Emergency Services. Council Member McGee moved to award the contract to purchase 55 Self Contained Breathing Apparatus and assorted system parts and upgrades to Municipal Emergency Services in the amount of $479,608.11. 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 City Council Regular Meeting May 7, 2019 Page 134 B. City Manager to Execute Documents. Council Member McGee moved to authorize the City Manager to execute any and all necessary documents with regard to the contract for the 55 Self Contained Breathing Apparatus and assorted system parts and upgrades. 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. 15. Tax Releases for March 2019. Finance Director Lisa Strickland advised by memorandum that the refunds and releases of taxes pursuant to North Carolina General Statute §105-381 for March 2019 were $620.23. 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 March 2019 in the amount of $620.23. Council Member McGee moved to approve tax refunds and/or releases for March 2019 in the amount of $620.23. 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. 16. Utility Fee Grant Program. Finance Director Lisa Strickland advised by memorandum that Union -Anson County Habitat for Humanity was requesting a waiver of water and sewer connection fees for two homes inside the City limits of Monroe. Ms. Strickland advised that the first new home was located at 1107 Sikes Street and the cost of that connection was $7,349. She advised that the second new home was located at 1450 Citrus Drive and the cost of that connection was $5,184. Ms. Strickland advised that the difference in the cost for the two connections was due to the connections already being in place on the Citrus Drive location. Ms. Strickland advised that the Utility Fee Grant Program currently had a balance of $8,812 and a Budget Amendment in the amount of $3,721 was needed to accommodate both of these requests by Union -Anson County Habitat for Humanity. Ms. Strickland advised that this item was presented to the General Services Committee on April 18, 2019. Ms. Strickland advised that it was the recommendation of the General Services Committee and Staff that Council approve the fee waiver request by Union -Anson County Habitat for Humanity in the amount of $12,533 and adopt a Budget Amendment in the amount of $3,721 to cover the distribution of funds. City Council Regular Meeting May 7, 2019 Page 135 A. Fee Waiver Request by Union -Anson County Habitat for Humanity. Council Member 4, McGee moved to approve the distribution of funds in the amount of $12,533 to cover the cost of the connections for the homes located at 1107 Sikes Street and 1450 Citrus Drive. 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 B. Budget Amendment. Council Member Anthony moved to adopt Budget Amendment BA - 2019 -12: fir+ BUDGET AMENDMENT BA -2019-12 Amendment to provide funds to fund the "Utility Fee Grant Program." This program allows for the transfer of utility connection and availability fees for homes constructed by the Union -Anson County Habitat for Humanity and Monroe -Union County Community Development Corporation (CDC) to encourage home construction for low income families. Funding requested is for two new projects by Union -Anson County Habitat for Humanity located at 1107 Sikes Street and 1450 Citrus Drive. General Fund: (4W." Revenue: Unassigned Fund Balance $3,721 Expense: General Government $3,721 Adopted this 71' day of May, 2019. 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 REGULAR AGENDA Item No. 17. Zoning Mau 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" (Tabled from April 2, 2019). City Council Regular Meeting May 7, 2019 Page 136 A. Public Hearing. Mayor Kilgore reconvened the public hearing which was continued from April 2, 2019. Planner Keri Mendler advised that this request was presented at the April 2, 2019 City Council Regular Meeting. Ms. Mendler reminded Council 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). She advised that the applicant was requesting to rezone the property from Conditional District "Dogwood Forest" to Conditional District "Dogwood Forest — Amendment 1.55 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 sq. ft. 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. 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 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. With regard to public notification, Ms. Mendler advised that a rezoning notification sign was posted ten days prior to the public hearing on April 2, 2019 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 City Council Regular Meeting May 7, 2019 Page 137 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 after hearing that there was no neighborhood reach out from the applicant prior to the April 2, 2019 City Council Regular Meeting, Council tabled this matter until the May 7, 2019 City Council Regular Meeting in order to have a meeting with the neighbors, Planning Staff and Engineering Staff to discuss the concerns of the neighborhood. Ms. Mendler advised that a meeting was held on April 22, 2019 with the following in attendance: Council Member Surluta Anthony; Council Member Lynn Keziah; City Attorney Mujeeb Shah - Khan; Assistant City Attorney Ashley Britt; Planning Director Lisa Stiwinter; Planner Keri Mendler; City Engineering Director Jim Loyd; City Stormwater Engineer Chris Costner; Scott Merritt (applicant); John Ross; Jeremy Roberts; Gwen Bothun (resident); Daniel Bothun (resident); Brenda Hamilton (resident); Jim Levinsky (resident); and, Roland Marton (resident). Ms. Mendler advised that at the meeting, there was discussion on having the applicant/developer work with the state to introduce a specific fish species to the stormwater ponds once completed to help address the concerns with mosquitos. She advised that there was discussion on installing (ta� Leyland Cypress trees along the perimeter to create a privacy wall between the Valley Dale Road residents and the stormwater ponds for this development. Ms. Mendler advised that the neighbors did seem receptive to the proposed solutions outlined in the meeting regarding the stormwater issues and privacy concerns. Ms. Mendler recapped that the applicant was seeking approval to use a different form of stormwater detention which would be reviewed and approved during the permitting phase. She advised that in addition, the applicant was seeking approval to reduce the heated floor area of the home from 1,800 sq. ft. to 1,400 sq. ft. Ms. Mendler advised that the Planning Board had unanimously recommended approval of the rezoning request of the property from Conditional District "Dogwood Forest" to Conditional District "Dogwood Forest — Amendment 1." Ms. Brenda Hamilton stated that she had more questions than anything. Ms. Hamilton asked if the plan changed since it had changed twice before or was it still what was discussed in the meeting. She asked what the distance of the ponds would be from the property lines. Ms. Hamilton stated that she did not relish the idea of water ponds in her back yard. She stated that she had concerns that the ponds would not be fenced. Ms. Hamilton stated that there were small children in her neighborhood and she was concerned that a child would drown in these ponds. City Council Regular Meeting May 7, 2019 Page 138 Ms. Hamilton stated that she was concerned about mosquitoes. She felt an irrigation system to help keep the water moving would help prevent the mosquitos and their eggs. Ms. Hamilton stated that she had concerns about the drainage of the water. She stated that at first there was talk about the ponds being separate and they would drain two different ways. Ms. Hamilton stated that at the last meeting, it was indicated that the ponds were going to drain towards each other if the top one was going to drain to the lower one which was behind her house. She stated that the pond was then going to drain across Valleydale Road and go over into her property and then she thought into John Moore Road. Ms. Hamilton stated that she did not have a solution. She questioned what would happen to all the water when it got across John Moore Road. Ms. Hamilton stated that she did not need a place where she had a swamp on her property because a homeowner's insurer had told her that she could 4 not have it or they would not insure her. Ms. Hamilton asked if the changes that were discussed be completed (i.e., drainage) before the project gets started. She stated that the City came out and did work and the last thing she heard at that meeting was that they had to go back and do more things. Ms. Hamilton stated that she had more questions. She stated that it was not that she was so much against it, she just wanted her questions answered. Mr. Daniel Bothun stated that at the neighborhood meeting from what he understood, the two ponds would drain separate and that the one pond would drain by a ravine near his property. Mr. Bothun stated that Stormwater Engineer Chris Costner had made it sound like he was going to ask the developer to dig up the trench more because the trench ended halfway back. He stated that he (40., wanted to ensure that either the City or the developer dug out the ditch because if you were going to drain the water, the ditch would be wider to drain it. Mr. Bothun stated that when the water drained, it would drain across the street into the property. He stated that when he spoke to Roland Martin, who lived across the street, he, too, had concerns about the volume of water that might be draining into the property across the street and wanted to ensure it would not be a swamp. Eagle Engineering President John Ross stated that he was the engineer for the applicant. Mr. Ross stated that the site was rezoned in 2018. He advised that beyond that rezoning his firm was employed to take the site plan that was created and advance it into the construction document (i.e., grading plans, drainage erosion control, street plan profiles, utility plan profiles). Mr. Ross stated that it was at that time that they got into the detailed design of the water quality features on the site. He stated that the plan that was approved had a specific note/zoning condition that water quality would be a Best Management Practice (BMP) called sand filters. Mr. Ross stated that during their engineering due diligence, they went to the site and did some work to find where the seasonal high ground water table was because that was a key element in designing a sand filter. He advised that what they found was that the ground water at the site was less than a foot in the two locations where the ponds were to be located which eliminated the possibility of doing a sand filter. Mr. Ross stated that the ground water was too high. He advised that by State requirements, they would have to elevate the site to a point that was not even practical. City Council Regular Meeting May 7, 2019 Page 139 Mr. Ross stated that they reached out to City Staff with the request to modify the plan. He stated (, that they were requesting that the text be changed to say "a method approved by the State BMP Manual." Mr. Ross stated that what they were designing was actually two wet ponds for the site. He advised that they felt that this change would result in a couple of very positive changes: the ponds would actually serve as an amenity to the site; the ponds would still meet all the standards of the City and the State; the detailed plans would be submitted to City Staff; and, the ponds would reduce the amount of water that the downstream neighbors saw to date. Mr. Ross stated that they were not increasing the amount of water that left their site. He advised �r that the peak water was actually curved and released at a much slower rate. Mr. Ross stated that �r he understood that the City had made improvements downstream. He advised that at the neighborhood meeting, Engineering Staff presented the number of items completed downstream and they presented the fact that they were doing their best to resolve any other outstanding issues. Mr. Ross stated that they did not have the right to be on the downstream neighbors' properties. He stated that if they could work with anyone downstream to do a minor grading of a ditch or swale that was already an issue, he was sure that the developer would be more than willing to do that. Mr. Ross stated that they would commit that if there was a shaping of the natural swale that was between two houses now, he was sure that this would be an easy issue to agree too. (40.,e Mr. Ross stated that with regard to the question if the plan had changed from what was presented at the Neighborhood Meeting, he advised that the plan had not changed. He advised that the plan was two ponds both draining at the same points that they naturally discharged from the site. Mr. Ross stated that within the setbacks, within the landscape buffers and the actual water body, his best guess from the downstream property line was 30 ft. In regard to the question about the ponds being fenced, Mr. Ross advised that they would not. He stated that their goal was to protect the ponds with a very heavy landscaped buffer around the site using Leland Cypresses and also to maintain the vistas on the site so that the ponds serve as more of an amenity for the residents of the site. Mr. Ross stated that they addressed the issue of mosquitoes with the idea that there were State supported species of fish specific to this application that would help control mosquitoes. Mr. Ross stated that the other question was the effects on downstream property. He stated that the ponds were sized so that even up to the 100 year storm, there would not be an increase of runoff from this site. Mr. Ross stated that the peak discharge was less than what these sites would see today. Mayor Kilgore asked Ms. Hamilton if she had any additional specific questions that she would like to ask. City Council Regular Meeting May 7, 2019 Page 140 Ms. Hamilton stated that her concerns were the ponds, the water draining across Valleydale Road onto her properties and the runoff across John Moore Road without flooding that area. She stated (, that she had concerns with the mosquitoes because she had a high allergy to them. Ms. Hamilton stated that she could not afford to have these things near her house. She wanted to know who would cover her medical bills. Mr. Hamilton said there had been drownings in all of these things and there was going to be drowning with these ponds. She stated that the ponds only got cleaned out once a year and questioned how these ponds were going to be kept clean. Mr. Ross stated that the ponds would ultimately be turned over to the Homeowners' Association (HOA). He advised that State and City BMPs do require annual inspections of the ponds. Mr. Ross stated that there would be a photographic record, visual walk of the site and documentation submitted for stormwater management records on the site. He stated that if there was an issue, the City held a bond if for some reason the HOA could not cover it but it was to be in the HOA's budget to maintain the ponds. Mr. Ross advised that the reason for a five ft. depth was because that was a healthy depth of a pond to support aquatic life to support fish life. Council Member Anthony stated that it was mentioned that the State would stock the pond with a type of fish to help the mosquito problem. She asked Mr. Ross if he was committing to do that. Mr. Ross confirmed the commitment to stocking the pond. He advised that the neighborhood also wanted Leland Cypresses to buffer around the pond and they were committing to that as well. Council Member Anthony stated that it was also mentioned that the developer would be willing to help the neighbors if they needed to build an upgrade to take care of the flow of water. She asked (40." Mr. Ross if they were committing to that. Mr. Ross advised that they were committing to the shaping of the ditch downstream through the neighbors' properties. He advised that there were two specific instances that property owners advised that their ditches and yards tend to hold water. Mr. Ross advised that this was between the site and Valleydale Road downstream. Council Member Anthony asked Mr. Ross if they were committing to helping do something to keep the water from building up and/or standing. Mr. Ross stated that they were committing to that. Mr. Scott Merritt, applicant, stated that there was one ditch and even though the water was going to be less, they were wanting the ditch to plug so they would make sure that the grade worked properly and it did flow. Council Member Anthony asked the neighbors if they were resting easier with the commitments just made. Ms. Hamilton stated that there was a house to the right of her that had a very shallow ditch and the water stood in that area and backed up to the people that lived next door to her. She advised that City Council Regular Meeting May 7, 2019 Page 141 they already had water backing in and under their home to the point they have had to replace their furnace. Ms. Hamilton asked if this home was going to be included in the commitments. Mr. Ross asked if this home was in the right-of-way. Ms. Hamilton stated that she did not know. Mr. Ross stated that there were two locations that they would discharge water from the site. He advised that there were two natural locations that they would occur at now. Mr. Ross stated that what they were committing to was that between the site and the downstream road, they would make sure that those flowed into the public right-of-way. He stated that they were working to correct the one gap that was between private water to public water. Council Member Holloway asked what consideration was being done with aeration to keep the water moving. He stated that this tended to keep mosquitoes away. Mr. Ross stated that tended to be a very long-term maintenance problem. He shared that he had personal experience with an aeration system and advised that it worked sporadically at best. Mr. Ross stated that this would be a very long-term expense for the HOA to maintain and he had not seen that it had an effective effect on the mosquito population. Ms. Loretta Melancon advised that Martins and bats were natural solutions to mosquito problems. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action — Resolution Approving Land Development Plan Compliance. Based on the verbal commitments made by the applicant and engineer, Council Member Keziah moved to adopt Resolution R-2019-12: RESOLUTION APPROVING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "DOGWOOD FOREST — AMENDMENT 1" R-2019-12 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 "Dogwood Forest — Amendment 1" further described below property is consistent with the adopted Land Development Plan. The Land Development Plan identifies this area as Suburban. The proposed development is a reasonable use and in the public interest because the suburban character area recommends a mix of housing types and lots size. Additionally, the density for the suburban character area is 2-4 units per aces which this development falls in to. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Approving Land Development Plan Compliance for property with Union County Tax Parcel Number: 09-298-119A. Adopted this 71 day of May, 2019. City Council Regular Meeting May 7, 2019 Page 142 Council Member Anthony seconded the motion, which passed unanimously with the following votes: L AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:106 titled "Official Zoning Map." Based on the verbal commitments made by the applicant and engineer, Council Member Keziah moved to adopt Ordinance 0-2019-13: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-13 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 (40'e, AMENDED AS FOLLOWS: Section 1. Amend §156.106 OFFICIAL ZONING MAP as follows: Rezone the property located off John Moore Road (Tax Parcel 09-298-119A) from Conditional District (CD) "Dogwood Forest" to Conditional District (CD) "Dogwood Forest — Amendment 1." Section 2. This Ordinance shall be effective upon adoption. Adopted this 711 day of May, 2019. Mayor Pro Tem 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 D. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:98 titled "Conditional Districts Established. Based on the verbal commitments made by the applicant and engineer, Council Member Keziah moved to adopt Ordinance 0-2019-12: City Council Regular Meeting May 7, 2019 Page 143 A ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-12 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) "Dogwood Forest — Amendment 1." Section 2. This Ordinance shall be effective upon adoption. Adopted this 71 day of May, 2019. Mayor Pro Tem 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 Council Member Jordan expressed appreciation to the Engineering/Stormwater Staff for all the work they performed in the area when the first proposal was presented and denied. He stated that due to their hard work and efforts put forth in working with the developer and the residents this had moved forward. Council Member Jordan stated that while this was not perfect, it had gotten the matter to the point where they could work with the developer to encourage development. Council Member Anthony thanked the residents for coming forward to be heard and the applicant meeting with the neighborhood to come to a general consensus. Item No. 18. Annexation and Zoning May/Text Amendment Requests for 71.845 Acres Located at Eastern Side of Secrest Short Cut Road and along Southern Side of Fowler Road to be Rezoned from Union County RA -40 to Conditional District "Simpson Farms." A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. City Council Regular Meeting May 7, 2019 Page 144 Senior Planner Doug Britt advised that this was an annexation request by Caprock Investments for 71.84 acres located at the intersection of Secrest Short Cut and Fowler Road (Tax Parcel #s: 09- 213-017-C, L9 -213-017-B, N9 -213-017-B). In addition, Mr. Britt advised that the applicant, was requesting a zoning map amendment and zoning text amendment to rezone this property from Union County RA -40 to Conditional District "Simpson Farms" in order to develop 194 single-family residential lots. Mr. Britt advised that the subdivision would have approximately 20 acres of open space. He advised that the lot sizes within the development would range from 6,500 sq. ft. to 14,200 sq. ft. Mr. Britt advised that the proposed homes would have a minimum heated square footage of 1,440 with a two (2) car garage. He advised that the density of this project was 2.70 units per acre. Mr. Britt advised that existing zoning uses and districts were church, Single -Family Residential and vacancy/RA-40 Union County Single -Family Residential. Mr. Britt advised that the setbacks being proposed for the single-family detached homes were: front — 20 ft.; side — 10 ft.; and, rear — 25 ft. Mr. Britt advised that the exterior building materials for the proposed project would be brick, fiber cement and stone. He advised that the developer was proposing the front fagade to consist of a combination of brick, stone or accent siding elements. Mr. Britt advised that vinyl would only be used for eaves and soffits. He advised that the minimum heated sq. ft. as proposed would be 1,440 sq. ft. Mr. Britt advised that the homes constructed on slab foundations would provide a minimum (40." of four courses of brick veneer. He advised that garages would include carriage style hardware. Mr. Britt advised that all single-family homes would have sodded front yards prior to the issuance of the certificate of occupancy. He advised that the applicant was proposing for each lot to have at least two trees planted per front yard at the time of the certificate of occupancy. Mr. Britt advised that street trees would also be provided at a rate of one tree per lot throughout the development. Mr. Britt advised that the project was required to provide at least 12.5% open space for the total land area of the site which would equal nine acres. He advised that the applicant was providing 28% or 20 acres of open space. Mr. Britt advised that the developer was proposing the amenity �r areas to consist of a picnic pavilion area with grills and a dog park. In discussing parking, Mr. Britt advised that each single-family detached dwelling would provide a two -car garage and a paved driveway that would accommodate at least two vehicles in addition to the garage space. Mr. Britt advised that the proposed subdivision would be located within the following school attendance areas for the current school year: Porter Ridge Elementary School (current enrollment 73% of capacity); Piedmont Middle School (current enrollment 104% of capacity which could be adversely impacted); and, Piedmont High School (current enrollment 82% capacity). City Council Regular Meeting May 7, 2019 Page 145 Mr. Britt advised that the developer was proposing to install five ft. sidewalks on both sides of the interior streets as well as an eight ft. sidewalk along Secrest Shortcut and Fowler Road. Mr. Britt advised that the applicant would be required to provide stormwater management to treat the stormwater runoff for the project. If the project is approved by Council, Mr. Britt advised that the stormwater would be evaluated and reviewed at the building permit stage of the process. Mr. Britt stated that there was a significant amount of flood plain within the project that the developer was reserving as open space. He advised that all streams located on the site had been provided with a 50 ft. undisturbed stream buffer on both sides as required by the Ordinance. Mr. Britt advised that there would not be any development within the flood plain. With regard to transportation, Mr. Britt advised that the developer was proposing for all streets to be constructed to the City of Monroe's street standards and maintained by the City. He advised that a Traffic Impact Study was completed for this project and was reviewed by both the City's Engineering Department and the North Carolina Department of Transportation (NCDOT). He shared the following recommendations: Street Recommendation Secrest Shortcut Northern Entrance Construct a northbound left turn lane with the appropriate taper. Three lane cross section between the two drives on Secrest Shortcut will more than likely be required which will indirectly establish a turn lane at Fowler Road as well. Secrest Shortcut Southern Entrance Construct a northbound left turn lane with the appropriate storage and taper. Three lane cross section between the two drives on Secrest Shortcut will more than likely be required which will indirectly establish a turn lane at Fowler Road as well. Secrest Short Cut Road and Fowler Road Construct a right -turn lane on Fowler Road with 75 feet of storage and appropriate taper. Mr. Britt advised that the Land Development Plan indicated this area as rural. He advised that rural areas included mostly residential land uses and abundant open space. While homes may be widely separated with larger lots, Mr. Britt advised that cluster developments or conservation - based subdivisions that set aside large areas for permanent open space were appropriate to minimize environmental impacts and disruption of the landscape. Mr. Britt advised that the intent of this character area was to maintain rural character. He advised that large suburban -style subdivisions with small lots and limited common open space should be discouraged. Mr. Britt advised that the density for rural residential was one to two units per acre. `W He advised that the development pattern of single-family residential at this location was not consistent with the Land Development Plan at 2.7 units per acre, but was a reasonable use due to City Council Regular Meeting May 7, 2019 Page 146 the subject properties being located in close proximity to the Monroe Expressway and adjacent to the suburban land use category which would allow a density of two to four units per acre. Mr. Britt advised that the project was located within a mile of the regional node land use located at the intersection of Concord Highway and Ridge Road. He advised that Regional Mixed -Use Centers were designed to attract people beyond Monroe for shopping, entertainment, employment or recreation. Mr. Britt advised that these centers were usually large-scale, measuring one mile in diameter that represented approximately a 20 -minute walking distance. He advised that these centers were master -planned areas that were built in phases with a mix of non-residential, residential, and civic uses. With regard to public notification, Mr. Britt advised that the following actions were taken: the applicant sent a notification letter to the property owners within 200 ft. of the subject property; a neighborhood meeting was held on March 20, 2019 with approximately ten residents in attendance; rezoning notification sign was posted on the property ten days prior to the public hearing; and, an official rezoning notification letter was sent to the adjacent property owners (28) located within 250 ft. ten days prior to the public hearing. Mr. Britt shared that concerns mentioned at the neighborhood meeting: the homes were going to be starter homes; the additional traffic on Secrest Shortcut; people in the neighborhood that might ride four wheelers on the adjacent properties; small size of the homes; and, the lot size was too small. (40W., Mr. Britt advised that the proposed annexation of Simpson Farms was not expected to have immediate impact on the operating budgets for the City of Monroe. Mr. Britt advised that the matter was presented to the Planning Board on April 3, 2019. He advised that the Planning Board and Staff recommended approval of the annexation and Conditional District "Simpson Farms." Council Member Anthony asked for the price range of the homes. Mr. Britt deferred this question to the developer. Mr. D.A. Davis stated that this project was not a starter -home community. Mr. Davis stated that the lowest price the developer had on the scale started at $249,900 and would go up to $300,000+. He stated that this eliminated the starter -home question. Mr. Davis advised that there would not be any vinyl on the exterior of the homes. He advised that the exterior would be all hard surface. Mr. Davis stated the landscaping would be immaculate and would be taken care of and monitored by a Homeowners' Association. Mr. Mark Mahoney with Caprick Investments stated that the community involvement had been good and he felt that they had responded to their concerns. He felt that they were delivering a project everyone was excited about and the development should be very successful. City Council Regular Meeting May 7, 2019 Page 147 Ms. Sara Shirley advised that she was the Landscape Architect representing the developer for the project. Ms. Shirley reiterated the comments of Mr. Davis and Mr. Mahoney. She shared a (,, rendering of the proposed landscaping for the development. Mr. Tim Edwards stated that he had land that adjoined the property. Mr. Edwards stated that there was several accidents per month at the intersection of Secrest Shortcut and Fowler Road. He felt that the traffic was going to considerably worsen. Mr. Edwards expressed concern with the impact on the schools that would serve this development. He stated that everyone paid school taxes and this was going to continue to increase. Mr. Edwards stated that one of his biggest concerns was the stormwater runoff. He stated that he had lived at his home for 32 years. Mr. Edwards advised that when Hurricane Hugo came through, taw water went over the top of Fowler Road. He stated that was the last time that happened until 2018. Mr. Edwards stated that with the Monroe Expressway coming through, the water had been redirected to where there was a tremendous amount more water coming down Stewarts Creek. He stated that this flooded his property badly and it was almost thigh deep going over his driveway. Mr. Edwards advised that when Hurricane Hugo came through, the water was still 15 ft. from his driveway. He advised that the bypass had already shed water towards his property and with this proposed development, he would be facing some of the similar issues that would worsen the matter. Mr. Edwards stated that the stormwater runoff needed to be looked at very carefully. Mr. Edwards stated that he wished he had the number of accidents that had occurred at the intersection of Secrest Shortcut and Fowler Road. Ms. Michele King stated that she was for progress and wanted people to come to Monroe. Ms. King advised that she did not live in the area of the proposed development. She asked what the reason was for wanting to do the 2.7 units per acre instead of the 1.2 units per acre that was proposed in the Land Development Plan. Ms. King also asked about the buffering between the homes inquiring if they would be fenced or would they have landscape architecture. Ms. Shirley explained that the lot sizes were driven by the market. She advised that by asking for the higher density, they were providing a greater amount of open space. Ms. Shirley advised that one would start moving towards a cluster subdivision which helped to preserve more open space than if there were large lots. She advised that they were discovering that consumers preferred small lots because of overall maintenance with the property but they also preferred more general open spaces that they did not have to maintain themselves. Ms. Shirley oriented Ms. King to the site and advised that there would be street trees and lots that abutted the rear yards to others. She stated that the rear yards were normally used for stormwater, sewer, water and things of that nature. Ms. Shirley stated that the yards could be fenced in as much as they wanted and could be landscaped. City Council Regular Meeting May 7, 2019 Page 148 There being no other speakers, Mayor Kilgore closed the public hearing. B. Annexation Action — Petition Meets Requirements of North Carolina General Statute 160A-31. Council Member Anthony moved that the Petition met the requirements of North Carolina General Statute 160A-31. Council Member Keziah 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. Annexation Action — Ordinance to Extend Corporate Limits. Council Member Anthony moved to adopt Ordinance 0-2019-20: ORDINANCE TO EXTEND CORPORATE LIMITS OF CITY OF MONROE, NORTH CAROLINA EASTERN SIDE OF SECREST SHORT CUT ROAD AND ALONG SOUTHERN SIDE OF FOWLER ROAD 0-2019-20 WHEREAS, the City Council has been petitioned under G.S. 160A-31 to annex the area described below; and (600" WHEREAS, the City Council has by resolution directed the City Clerk to investigate the sufficiency of the petition; and WHEREAS, the City Clerk has certified the sufficiency of the petition and a public hearing on the question of this annexation was held at the City Hall Council Chambers at 6:00 p.m. on May 7, 2019, after due notice by publication on April 27, 2019 and May 4, 2019; and WHEREAS, the City Council finds that the petition meets the requirements of G.S. 160A-31; WHEREAS, the City Council further finds that the petition has been signed by all the owners of real property in the area who are required by law to sign; and (W WHEREAS, the City Council further finds that the petition is otherwise valid, and that the public health, safety and welfare of the City of Monroe and of the area proposed for annexation will be best served by annexing the area described. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Monroe, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-31, the following described territory is hereby annexed and made part of the City of Monroe as of May 7, 2019: 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 City Council Regular Meeting May 7, 2019 Page 149 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 �r 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 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' 51" 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' 51" 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 City Council Regular Meeting May 7, 2019 Page 150 Wallace property recorded in Deed Book 296, Page 253 in the Union County Register of (4mo, 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° 5 P 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 32° 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' 31" East, 72.35 feet to a point; 7) South 22° 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 6° 54'27" West, 143.29 feet to a point; 2) South 24° 57' 16" East, City Council Regular Meeting May 7, 2019 Page 150 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 17° 40'20" West, 85.60 feet to a point; 2) South 9° V30" 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 8° 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 of 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 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° 926" West, 59.39 feet to a point; 6) North 63° 14' 17" West, 103.97 feet to a point; 7) South 52° 18' 51" West, 71.79 feet to a point; 8) South 34° 12' 43" West, 91.19 feet to a point; 9) South 560 23' 8" West, 77.15 feet to a point; 10) South 77° 46'6" West, 173.36 feet to a point; 11) South 86° 41' 1" West, 243.44 feet to a set nail (4w"' 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 140 39' 26" West, 1,209.25 feet to a point in the centerline of Fowler Road; 2) North 160 37139" West, 100.65 feet to a point; 3) North 20° 1733" 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 err Cabinet O , File 675 in the Union County Register of Deeds. Section 2. Upon and after May 7, 2019, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Monroe and shall be entitled to the same privileges and benefits as other parts of the City of Monroe. Said territory shall be subject to municipal taxes according to G.S. 160A-31. Section 3. The Mayor of the City of Monroe shall cause to be recorded in the office of the Register of Deeds of Union County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Union County Board of Elections, as required by G.S. 163-288.1. Adopted this 71 day of May, 2019. City Council Regular Meeting May 7, 2019 Page 151 A 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 D. Zoning Action — Resolution Approving Land Development Plan Compliance. Council Member Anthony moved to adopt Resolution R-2019-26: RESOLUTION APPROVING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "SIMPSON FARMS" R-2019-26 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 "Simpson Farms" further described below property is not consistent with the adopted Land Development Plan. The Land Development Plan identifies this area as Rural, which allows 1-2 units per acre for residential developments, and the proposed project exceeds that allowance. However, the proposed residential development at 2.7 units per acre is a reasonable use and in the public interest because the subject properties are located in close proximity to the Monroe Expressway, which has recently opened and spurred development in the area. The project is also located adjacent to the Suburban land use category which would allow a density of 2-4 units per acre. Additionally, the project is within a mile of a regional mixed use node located at the intersection of Concord Highway and Ridge Road. Regional Mixed -Use Centers are designed to attract people beyond Monroe for shopping, entertainment, employment, or recreation. These centers are usually large-scale, measuring one mile in diameter that represents approximately a 20 -minute walking distance. These centers are master -planned areas that are built in phases with a mix of non-residential, residential, and civic uses. Based on the proximity to new development spurred by the expressway, the conditions have changed which justify amending the Land Development Plan. As a result of this zoning map amendment request approval, the Land Development Plan would be amended to reflect the land use modification. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Approving Land Development Plan Compliance for property with Union County Tax Parcel Numbers: 09-213-017-C, L9 -213-017-B, N9 -213-017-B. Adopted this 71 day of May, 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 May 7, 2019 Page 152 E. Zoning Action — Ordinance Amending Code of Ordinances — Chanter 156, Section 156:106 titled "Official Zoning Man." Council Member Anthony moved to adopt Ordinance 0- 2019-21: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-21 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 properties located at the intersection of Secrest Short Cut and Fowler Road and further identified as tax parcel #'s 09-213-017-C, L9 -213-017-B, and N9 -213-017-B. The request is to rezone the properties from RA -40 (Union County Residential Low Density) to Conditional District "Simpson Farms." Section 2. This Ordinance shall be effective upon adoption. Adopted this Th day of May, 2019. 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 F. Zoning Action — Ordinance Amending Code of Ordinances — Chanter 156, Section 156:98 titled "Conditional Districts Established." Council Member Anthony moved to adopt Ordinance 0-2019-22: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-22 Preamble City Council Regular Meeting May 7, 2019 Page 153 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) "Simpson Farms." Section 2. This Ordinance shall be effective upon adoption. Adopted this 71 day of May, 2019. Council Member Keziah 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. 19. Annexation and Zoning May/Text Amendment Requests for 24.854 Acres Located along Waxhaw Highway and Skywatch Lane to be Rezoned from Union County RA -20 to Conditional District "Alexander Commons." A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Senior Planner Doug Britt advised that this was an annexation request by Carolina Development Services, LLC for 24.854 acres located off of Waxhaw Highway and Skywatch Lane (Tax Parcel #: 09-321-002 E90). In addition, Mr. Britt advised that the applicant was requesting a zoning map amendment and zoning text amendment to rezone this property from Union County Residential Low Density (RA - 20) to Conditional District "Alexander Commons" in order to develop 77 single-family residential lots. Mr. Britt advised that the applicant was requesting a Conditional District rezoning in order to develop 77 single-family residential lots. He advised that the subject property was a total of 24.854 acres and was divided into three tracts by existing street right-of-ways. Mr. Britt advised that tracts 1 and 2 were within the area being annexed and rezoned but were not being considered for development at this time. He advised that when tracts 1 and 2 were developed, they would be required to go through an amendment of the Conditional District. Mr. Britt advised that tract 3 was a total of 22.02 acres and was the subject of the proposed rezone. City Council Regular Meeting May 7, 2019 Page 154 Mr. Britt advised that existing zoning uses and districts were vacant/Union County Single Family Residential (RA -20) and B-2 and Single -Family Residential/Mixed-Use-Special Use (M -U -SU — City of Monroe) and RA -20. Mr. Britt advised that the lot sizes within the development would range from approximately 6,250 sq. ft. to 13,669 sq. ft. He advised that all proposed homes would have a minimum heated sq. ft. of 1,600. Mr. Britt advised that the homes would be furnished with either a one or two -car garage. Mr. Britt advised that the density of the total project was 3.50 units per acre. He advised that the setbacks being proposed for the single-family detached homes were: front — 20 ft.; side — 5 ft.; and, rear — 20 ft. Mr. Britt advised that the exterior building materials for the proposed project would consist of brick, stone, and vinyl (.044 thickness). He advised that the developer was proposing the front fagade to consist of at least 25% brick and/or stone materials while the sides and rear would be vinyl. Mr. Britt advised that the minimum heated sq. ft. as proposed would be 1,600 sq. ft. He advised that the homes constructed on slab foundations would provide a minimum of four courses of brick veneer. Mr. Britt advised that the single family homes would be furnished with either a one or two -car garage. He advised that the garages would include carriage style hardware. Mr. Britt advised that all single-family homes would have sodded front yards prior to the issuance of the certificate of occupancy. He advised that the applicant was proposing for each lot to have at least one tree planted per front yard at the time of the certificate of occupancy. Mr. Britt advised that street trees would also be provided at a rate of three trees per 100 ft. throughout the development. Mr. Britt advised that the project was required to provide at least 12.5% open space for the total land area of the site which would equal 2.76 acres. He advised that the applicant was providing 31.7% or 6.98 acres of open space. Due to the limited size of the project, Mr. Britt advised that the developer was not proposing any amenities for this project. Mr. Britt advised that each single-family detached dwelling would provide either a one or two -car garage and a paved driveway that would accommodate at least two vehicles. 4 Mr. Britt advised that the proposed subdivision would be located within the Walter Bickett/Monroe Middle/High school attendance areas for the current school year. He noted that Monroe High School had an addition in progress that would increase its capacity by 168 students and was expected to be complete for the opening of school in August 2019. Mr. Britt advised that the following large subdivisions were in the planning stages within the Monroe school cluster: Secrest Commons with 495 units located on Highway 75 at ML King, Jr. Boulevard; Village at Rocky River with 180 units located at Rocky River Road at Highway 84; and, Fraser Court with 120 units located near the corner of Dickerson Boulevard and Old Charlotte Highway. He advised that the combined effect of these developments would likely affect enrollments at the above schools. City Council Regular Meeting May 7, 2019 Page 155 Mr. Britt advised that the developer was proposing to install five ft. sidewalks on both sides of the interior streets and an eight ft. sidewalk would be required along the Waxhaw Highway road frontage. Mr. Britt advised that the applicant would be required to provide stormwater management to treat the stormwater runoff for the project. He advised that the stormwater would be evaluated and reviewed at the building permit stage of the process if this project was approved. Mr. Britt advised that all streams located on the site had been provided with a 50 ft. undisturbed stream buffer on both sides as required by Ordinance. Mr. Britt advised that the development would be accessed off of ML King, Jr. Boulevard through the Southwinds development and off of Waxhaw Highway. He advised that the developer was proposing for all streets to be constructed to the City of Monroe's street standards and maintained by the City of Monroe. Mr. Britt advised that a Traffic Impact Study was not required for this project by the City of Monroe Engineering Department or the North Carolina Department of Transportation due to the number of lots and projected trip generation. Mr. Britt advised the transportation improvements for the project would be to construct a westbound left turn lane with the appropriate taper at the Waxhaw Highway entrance. He advised that the development entrance must be at least 600 ft. from the intersection of Waxhaw Highway and New Town Road. Mr. Britt advised that the Land Development Plan indicated this area as Suburban. He 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. Mr. Britt (Irmoe advised that the density for suburban residential was two to four units per acre. He advised that the development pattern of single-family residential at this location was consistent with the Land Development Plan and was a reasonable use for the property. Mr. Britt advised that the proposed annexation of Alexander Commons was not expected to have immediate impact on the operating budgets for the City of Monroe. Mr. Britt advised that the matter was presented to the Planning Board on April 3, 2019. He advised that the Planning Board recommended approval of the annexation and Conditional District "Alexander Commons" with the following conditions: installation of an eight ft. sidewalk along the Waxhaw Highway road frontage; elimination of the townhomes from the project; and, all single-family homes would be required to be furnished with a two -car garage. Mr. Britt advised that since the Planning Board Meeting, the developer had made the following modifications to the project: removed the 25 townhomes and replaced with 25 single-family homes and 19 lots (25%) within the project would have an option of a one -car garage with the remaining 58 lots would be required to be furnished with a two -car garage. Council Member Keziah stated that a one -car garage would lessen the value of the subdivision. With regard to public notification, Mr. Britt advised that the following actions were taken: the applicant sent a notification letter to the property owners within 200 ft. of the subject property; a City Council Regular Meeting May 7, 2019 Page 156 neighborhood meeting was held on February 21, 2019 with ten to 15 residents in attendance; a rezoning notification sign was posted on the property ten days prior to the public hearing; and, an official rezoning notification letter was sent to the adjacent property owners (110) located within 150 ft. ten days prior to the public hearing. Mr. Britt advised that one concern from the neighborhood was over the one -car garages. Mr. Keith Fenn stated that he represented the developer/builder. Mr. Fenn stated that they had made concessions along the way to try to appease what Planning Staff had produced and recommended as well as what the Planning Board had recommended and made adjustments. He advised that what they really wanted the market to dictate instead of themselves or the general public was whether they wanted a one -car or two -car garage. Mr. Fenn stated that although they preferred not to have a cap on garages, they took on the recommendation of the 25% cap in at least giving a two car concrete pad. He advised that even the one -car garages would still have a two - car capability on the front of the property and they were no restricting that at all. Mr. Lloyd Trimble stated that he lived in the adjacent subdivision, Southwinds. Mr. Trimble stated that he was in favor of this property being developed and appreciated the efforts and changes that had been proposed. Mr. Trimble stated that he had concerns with the one -car garages. He stated that in his subdivision, there were ten homes with one -car garages that made up 7% of their neighborhood. Mr. Trimble advised that they were built by the first developer, Craft Builders. He advised that there had been four builders since that time that built two or two and a half car garages. Mr. Trimble stated that the bulk of his neighborhood did have larger garages. Mr. Trimble stated that in speaking to some of the owners that lived in the one -car garage homes, most of them said if they had been offered a two -car garage they would have bought it. He stated that he did appreciate the percentage requirement that the developer put out but he really would like to see two -car garages in all of the homes. Mr. Trimble stated that the biggest parking issues that they had in their neighborhood were at the one -car garage homes where cars tended to stay on the street. Mr. Trimble stated that the other concern that he had was that Southwinds did have a two-hour street parking Ordinance which he knew they were not to covenants, conditions and restrictions yet but he wanted to reiterate that street parking was a concern. He stated that he knew that there were seven school busses that came through his neighborhood in the morning and in the afternoon. Mr. Trimble stated that on Tuesdays they had four trash trucks on recycling and three on non - recycling days. He advised that those trucks could not get down the roads if there were cars on the roads. Mr. Trimble stated that emergency vehicles could not get through the roads if there were cars on the roads. He wanted to ensure folks were thinking about that and the more parking that could be provided off the road including garages the cleaner the neighborhood would look. Mr. Henry Browning stated that at the last meeting they had there were going to put 23 townhomes on the property which did not take up as much space. Mr. Browning stated that when Southwinds subdivision was developed, the water came under Waxhaw Highway and turned and went down City Council Regular Meeting May 7, 2019 Page 157 across that property. He stated that there was a pond where Southwinds was located. Mr. Browning stated that they filled in a pond and changed the drainage to put in Southwinds. He stated that they put the drainage next door to his property line and built a small dam to keep the water from coming to him. Mr. Browning advised that the drainage area had grown up. Mr. Browning advised that the property was cleared the other day on the east side and they went down into the ditch cleaning all the way down. He stated that he believed this was against the Environmental Protection Agency's rules and regulations on clearing property. Mr. Browning did not think you were to go down into the ditch. He asked what they were going to do with the property between his parcel and their parcel. Mr. Browning stated that he knew that the developer had his own property and right to build and while he would rather the development not be there, he was not against it being built. He stated that he had been living on his property for almost 78 years and he felt he had rights too. Mr. Browning stated that he would like to see some type of buffer between his land and the property if at all possible because he did not want his side yard to turn into a walking trail. Mr. Fenn stated that they were not in a design phase but rather the sketch phase so he did not know any of the particulars regarding that. He advised that he could speak to the fact that State regulations and Monroe's Ordinances required them to maintain certain water quantities that do not go offsite. Mr. Fenn stated that anything that was in a controlled manner on their property, they would have something to control water that went offsite. (6w, Mr. Browning stated that the water did go offsite and went down to the creek. Mr. Fenn stated that any water that was on the developer's property, they could control. Mr. Browning asked what was going to be done with the property between his land and the developer's land. Mr. Fenn reiterated that they had not gotten into the design of that and unfortunately, he could not speak to that at this moment. Mr. Browning stated that in other words, the developer did not have the project ready. He said he thought this public hearing was to hear what was going to be done tonight. Mr. Fenn stated that the development had not been designed because they had to obtain approvals before they entered the design phase. Mr. Browning stated that he would like a stipulation that they fix the ditch. Mr. Britt stated that the greenway was going to be common open space and would be maintained by the developer. City Council Regular Meeting May 7, 2019 Page 158 Mr. Browning asked what the developer was going to do to maintain that. He asked if it was going to be left as is to grow up. Mr. Britt asked the developer if he was going to maintain it or leave it grass. Mr. Fenn stated that it was going to remain a common open area. Mr. Browning stated that he did not think it could be cleared if it was a drainage area with trees growing on it according to the EPA. Mr. Britt stated that there was not a blueline stream at that location. Mr. Browning stated that they moved the stream when Southwinds was developed. Mr. Britt stated that the area was going to be open space and if there was a ditch there it was going to channel water and they were going to have to take that into consideration when they did their stormwater design to make it work. Mr. Browning stated that he was going to be looking at the back of everyone's house. He asked if the developer could put something there for sight protection. Mr. Fenn stated that they would adhere to whatever landscaping requirements were in the Ordinance. (,Vj� Mr. Browning stated that was what he was asking. He asked if it was in the requirements that it be left. Mr. Britt stated that the project as proposed, did not have any landscaping along this property line and Mr. Browning's property. He stated that it was up to the developer if he wanted to install landscaping or not install landscaping. Mr. Britt stated that there was no type of buffer required between residential and residential. He stated that typically a buffer was required if you were doing between commercial and residential. Mr. Britt stated that sometimes a developer will add buffering to be a good neighbor but it is not required by Ordinance. Council Member McGee asked Mr. Fenn if there would be an issue with installing some type of buffer for privacy just to be neighborly. Mr. Fenn stated that they already had a 25 ft. buffer. He stated that typically when they had a buffer, they left it undisturbed. Mr. Fenn stated that he could not recall exactly what sort of plantings were already existing. Mr. Browning stated that it contained pine trees, briars, blackberry bushes, etc. He stated that he would like some type of buffer. Ms. Mary Nash stated that her concern was the direction the City was taking with the density in this area. Ms. Nash stated that there were 400 more homes not counting the 77 that were going to City Council Regular Meeting May 7, 2019 Page 159 A be built in site of this. She asked what the City was thinking and why were they being dumped on. Ms. Nash stated that this began in 1959 when this City wanted a belt loop around Monroe which was now Martin Luther King, Jr. Boulevard. She stated that she was not in the City but was in the ETJ. Ms. Nash stated that she could not vote in City elections but she was being affected. She asked Council to consider what they were doing to the County and City. Ms. Nash asked Council if they would want 500 homes in their noses. She stated that she knew this was tax dollars but the density was way too much in this area. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action — Denial to Extend Corporate Limits. Council Member Keziah moved to deny the annexation request for 24.854 acres located along Waxhaw Highway and Skywatch Lane. 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 Mr. Fenn stated that he would rather not lose the opportunity to get this pushed through. He stated that he if had to concede on the garages, he would concede on the garages if that was the only issue Council had. (40W, Council Member Keziah stated that he was not impressed with the subdivision, the way the houses looked or the one -car garages. He stated that it was his personal opinion that when a homeowner bought a home, he wanted to see it appreciate ten years down the road not depreciate. Mr. Fenn stated that he wished this question had been asked during the public hearing and he would have addressed the concern. He stated that they were trying to match Southwinds and was not trying to do anything extraordinary out of what was already there. Mr. Fenn stated that they shared a street. Council Member Keziah stated that the applicant could come back and ask for a reconsideration but right now, his motion to deny the annexation request stood. Item No. 20. 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." A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. 4t Planner Keri Mendler advised that this was a zoning map request and text amendment request by Mark Davis for the property located at 2417 Cureton Street from General Industrial (GI) to City Council Regular Meeting May 7, 2019 Page 160 Conditional District (CD) "ABC Towing" in order to allow an automotive towing yard. Ms. Mendler advised that the applicant would also like to retain all uses allowed within the GI zoning ,6w district. She advised that the property currently had a 7,300 sq. ft. building and a paved parking area in front of the building. Ms. Mendler advised that there was a fenced in area that was gravel for the storage of the towed vehicles. Insofar as area characteristics, Ms. Mendler advised that the adjoining existing land uses included vacancy, industrial, Tyson Poultry and fabrication/machinery. She advised that adjoining zoning districts were GI. Ms. Mendler advised that the applicant was not proposing any change to the current ten ft. setbacks. She advised that the property had a small existing concrete parking area in front of the building. Ms. Mendler advised that the applicant had recently installed gravel for the storage of vehicles that were towed. When discussing landscaping, Ms. Mendler advised that there was no landscaping on site and the applicant was not proposing any additional landscaping. She advised that the fenced in area would be screened with privacy slats or privacy mesh. Ms. Mendler advised that if the project was approved, the stormwater would be evaluated and reviewed at the building permit stage of the process. Ms. Mendler advised that the Land Development Plan indicated that this property was located in the Manufacturing, Logistics and Aerospace/Industrial area. She advised that these areas (40." supported manufacturing and production at a variety of scales, including assembly and processing, warehousing and distribution, bulk storage, and utilities. Ms. Mendler advised that clusters of uses that supported or served similar industrial uses typically were located nearby. She advised that Planning Staff was of the opinion the proposed use was consistent with the future land use plan and was a reasonable use and in the public interest. IM 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 matter was presented to the Planning Board on April 3, 2019. She advised that the Planning Board unanimously recommended approval of the request to rezone the property from GI to CD "ABC Towing." Council Member Anthony asked if the business would be towing wrecked vehicles or repossessed vehicles. Ms. Mendler advised that was her understanding but deferred the question to the applicant's representative. City Council Regular Meeting May 7, 2019 Page 161 Mr. Jason Pearson, representing the applicant, stated that they would be towing wrecked vehicles. He advised that they did not do repossession. Mr. Pearson advised that they did do impounds from AW the apartments in Monroe, Police wrecker rotation, accident calls and AAA calls. Council Member Anthony asked if they would go in an open fenced area. Mr. Pearson stated that the fence did have a netting around it and bob wire across the top. He stated that only the registered owners could get in to see their vehicles. Mayor Kilgore asked if vehicles would be outside of the fenced area. Mr. Pearson advised that everything had to be in the fence. Ms. Mendler stated that there was a note that stated that the area would be fenced at all times and would maintain a screening be it mesh or privacy slats. She advised that there was also a note on the site plan that any towed vehicles would have to be in the fenced area. Mayor Kilgore stated that he just wanted to ensure this was a nice, clean area for the neighbors. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action — Resolution Approving Land Development Plan Compliance. Council Member Anthony moved to adopt Resolution R-2019-28: (4w., RESOLUTION APPROVING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "ABC TOWING" R-2019-28 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 "ABC Towing" further described below property is consistent with the adopted Land Development Plan because a towing company is an industrial / commercial use. The Land Development Plan identifies this area as Manufacturing, Logistics, and Aerospace and industrial/commercial uses are listed as priority uses within this area. The proposed development is a reasonable use and in the public interest because the proposed use is less intense than the surrounding uses and will not disrupt the area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Approving Land Development Plan Compliance for property with Union County Tax Parcel Number: 09-118-005A. Adopted this 711' day of May, 2019. Mayor Pro Tem 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 City Council Regular Meeting May 7, 2019 Page 162 NAYS: None C. Action — Ordinance Amending Code of Ordinances — Chanter: 156, Section 156:106 titled "Official Zoning Man." Council Member Anthony moved to adopt Ordinance 0-2019-26: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-26 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 2417 Cureton Street (Tax Parcel 09-118-005A) from General Industrial (GI) to Conditional District (CD) "ABC Towing." Section 2. This Ordinance shall be effective upon adoption. Adopted this Th day of May, 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 D. Action — Ordinance Amending Code of Ordinances — Chanter: 156, Section 156:98 titled "Conditional Districts Established." Council Member Anthony moved to adopt Ordinance 0- 2019-27: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-27 Preamble City Council Regular Meeting May 7, 2019 Page 163 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) "ABC Towing." Section 2. This Ordinance shall be effective upon adoption. Adopted this Th day of May, 2019. Mayor Pro Tem 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 (61� Item No. 21. OMNOVA Solutions Grant Application for Police Department (Tabled from April 2, 2019 City Council Regular Meeting). Captain David Morton advised that Staff had the opportunity to apply for an OMNOVA Solutions grant that would be used to purchase educational materials for the Gang Resistance Education and Training (G.R.E.A.T.) Program and the Eddie Eagle GunSafe Program. Mr. Morton advised that the grant was in the amount of $1,500 and there were no matching funds requirement. He advised that the grant deadline was October 31, 2019. Mr. Morton advised that Staff presented this matter to the Public Safety Committee. Mr. Morton advised that it was the recommendation of the Public Safety Committee and Staff that Council authorize Staff to submit an application for the OMNOVA Solutions grant. Mayor Pro Tem Anderson moved to authorize Staff to submit an application for the OMNOVA Solutions grant. 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. 22. Budget Amendment to Replace Whirlpool at Monroe Aquatics and Fitness Center. Finance Director Lisa Strickland advised that the whirlpool at the Monroe Aquatics and Fitness Center had consistently stopped working. Ms. Strickland advised that the pool contractor City Council Regular Meeting May 7, 2019 Page 164 advised that the whirlpool was not repairable at this point. She advised that Staff had obtained quotes and budgeted for a new whirlpool for the 2020 Budget; however, with the current situation, funds in the amount of $115,000 are needed to purchase a new whirlpool. Ms. Strickland advised that the whirlpool was an extremely important amenity to the members for medical purposes as well as relaxation. Ms. Strickland advised that due to timing, this matter was not presented to a Committee and was being presented to City Council. Ms. Strickland advised that it was the recommendation of Staff that Council adopt a Budget Amendment appropriating funds from Fund Balance. She advised that this appropriation would allow time to work on the plans and permitting to hopefully have a new whirlpool completed by fall 2019. Council Member Keziah moved to adopt Budget Amendment BA -2019-15: BUDGET AMENDMENT BA -2019-15 1. Amendment necessary to provide funding in Fiscal Year 2019 for the replacement of the whirlpool at the Monroe Aquatics and Fitness Center. Current whirlpool jets have stopped working and can no longer be fixed. Monroe Aquatics and Fitness Center Fund: Revenues: (4w, Appropriation of Fund Balance $115,000 Expenditures: Aquatics Center Operations $115,000 Adopted this 71 of May 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 Item No. 23. Resolution Approving Local Water Supply Plan. Water Resources Director Russ Colbath advised that Staff completed a draft Local Water Supply Plan (LWSP) and submitted it to the North Carolina Department of Environmental Quality (NCDEQ) as part of a five-year cycle of LWSP renewal. Mr. Colbath advised that the Plan used 2017 as a baseline for data. He advised that Staff received confirmation that NCDEQ had approved the Plan. To finalize the LWSP, Mr. Colbath advised that Council must approve the Plan to comply with North Carolina General Statute Section 143-355 (1). He shared that this was the normal approval process. City Council Regular Meeting May 7, 2019 Page 165 Mr. Colbath advised that the LWSP outlined information about the City's water system, water demands and water sources. He advised that the water supply planning section examined water demands and supplies and indicated that at an average annual growth of 1.5%, the City's current supplies would last beyond 2050. Mr. Colbath advised that Staff had also updated the graphs showing a sensitivity analysis for 1.0, 1.5, and 2.0% demand growth. He advised that these graphs were not part of the NCDEQ Plan, but were used for internal planning purposes. Mr. Colbath advised that the graphs and LWSP showed that additional supplies should be developed in the 2050 time frame prior to demands reaching 80% of supplies. He advised that this provided for supply contingency and added drought resilience. Mr. Colbath advised that future supply sources identified in the plan include a potential 2.0 MGD from the Rocky River and potential 2.0 MGD from future participation in the Yadkin Pee Dee regional system. Mr. Colbath advised that the City also had potential to develop reclaimed water systems for non - potable uses and for indirect reclaimed water uses for watershed and lake recharge per the City's Reclaimed Water Master Plan. He advised that all potential supplies would be more fully evaluated for cost and reliability as the 2050 time frame approaches. Mr. Colbath advised that all future recommendations and actions would be adjusted based on economic conditions and Council direction. Mr. Colbath advised that this was presented to the Public Enterprise Committee on April 16, 2019. Mr. Colbath advised that it was the recommendation of the Public Enterprise Committee and Staff that Council adopt a Resolution approving the Local Water Supply Plan. Council Member Anthony moved to adopt Resolution R-2019-29: RESOLUTION APPROVING LOCAL WATER SUPPLY PLAN R-2019-29 WHEREAS, North Carolina General Statute 143-355 (1) requires that each unit of local government that provides public water services, or plans to provide such services, shall, either individually or together with other such units of local government, prepare and submit a Local Water Supply Plan; and WHEREAS, as required by the statute and in the interests of sound local planning, a Water Supply Plan for the City of Monroe has been prepared; and WHEREAS, the North Carolina Department of Environmental Quality has found said Water Supply Plan to be in accordance with the provisions of North Carolina General Statute 143-355 (1) and it will provide appropriate guidance for the future development of water supplies for the City of Monroe, as well as useful information to the Department of Environmental Quality for the development of a state water supply plan as required by statute. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe, that the Local Water Supply Plan attached hereto, is hereby approved and shall be submitted to the Department of Environmental Quality, Division of Water Resources. City Council Regular Meeting May 7, 2019 Page 166 BE IT FURTHER RESOLVED that the City Council of the City of Monroe intends that this Plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the Department, in accordance with the statute and sound planning practice. Adopted this the 71 day of May, 2019. Council Member Keziah 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 Said Local Water Supply Plan is hereby incorporated as apart of these Minutes as "Exhibit C." Item No. 24. Resolution Approving Water Shortage Response Plan. Water Resources Director Russ Colbath advised that Staff submitted the City's Water Shortage Response Plan/Ordinance (WSRP) to the North Carolina Department of Environmental Quality (NCDEQ) as part of a five- year cycle of review. Mr. Colbath advised that no changes were made to the Ordinance, which was originally adopted by City Council in 2002 and last updated in 2010. He advised that Staff received confirmation that NCDEQ had approved the Plan with no changes. To finalize the WSRP, Mr. Colbath advised that Council must approve the Plan by adopting a Resolution to comply with North Carolina General Statute Section 143-355.2(a) and North Carolina Administrative Code (NCAC) Rule 02E.0607. He advised that this was the normal approval process. Mr. Colbath advised that the WSRP provided a framework for managing a water shortage that might arise due to a number of factors. He advised that it defined what condition would trigger a declaration of water shortage, progressive levels of water shortage stage and severity, public notification requirements, restrictions to be enacted based on the shortage stage severity, rates and surcharges that would be enacted during a water shortage, and enforcement/penalties. Mr. Colbath advised that Staff presented this item to the Public Enterprise Committee on April 16, 2019. Mr. Colbath advised that it was the recommendation of the Public Enterprise Committee and Staff that Council adopt a Resolution approving the Water Shortage Response Plan. Council Member Keziah moved to adopt Resolution R-2019-30: RESOLUTION APPROVING WATER SHORTAGE RESPONSE PLAN R-2019-30 WHEREAS, North Carolina General Statute 143-355.2(a) requires that each unit of local 4 government that provides public water service and each large community water system shall develop and implement water conservation measures to respond to drought or other water shortage conditions as set out in a Water Shortage Response Plan and submitted to the Department for review and approval; and City Council Regular Meeting May 7, 2019 Page 167 WHEREAS, as required by the statute and in the interests of sound local planning, a Water Shortage Response Plan for the City of Monroe has been prepared for approval; and WHEREAS, the North Carolina Department of Environmental Quality has found said Water Shortage Response Plan to be in accordance with the provisions of North Carolina General Statute 143- 355.2(a) and it will provide appropriate guidance for the future management of water supplies for the City of Monroe, as well as useful information to the Department of Environmental Quality for the development of a state water supply plan as required by statute. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe, that the Water Shortage Response Plan attached hereto, is hereby approved and shall be submitted to the Department of Environmental Quality, Division of Water Resources. BE IT FURTHER RESOLVED that the City Council of the City of Monroe intends that this plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the Department, in accordance with the statute and sound planning practice. Adopted this the Th day of May, 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 Said Water Shortage Response Plan is hereby incorporated as a part of these Minutes as "Exhibit D." Item No. 25. Resolution Approving Street Name Change for Section of Lomax Street Between Concord Avenue and Secrest Shortcut Road to Help Street. Engineering Director Jim Loyd advised by memorandum that Staff received a request from the Help Crisis Pregnancy Center in May 2017 to rename Lomax Street to Help Street from Concord Avenue to Secrest Shortcut Road. Mr. Loyd advised that the remaining section of Lomax Street from Secrest Short Cut Road to its end west of Sells Street was not affected by the requested name change. He advised that Staff had been informed that the owners of the two parcels addressed off Lomax Street along the section of roadway to be renamed have been contacted by the Help Crisis Pregnancy Center by certified mail regarding the proposed name change with no response to date. Mr. Loyd advised that this request was moving forward to the General Services Committee for consideration at the request of Council Member/General Service Chairman Lynn Keziah Mr. Loyd advised that the Help Crisis Pregnancy Center fronted on Lomax Street but was addressed from Secrest Shortcut Road. He advised that both parcels along the north side of existing Lomax Street between Secrest Shortcut Road and Concord Avenue were owned by Help Center, Inc. Of the two parcels addressed off Lomax Street located along the south side, Mr. Loyd (, advised that 413 Lomax Street was vacant with 407 Lomax Street currently occupied. Mr. Loyd advised that these two parcels would be the only properties required to be re -addressed. He advised City Council Regular Meeting May 7, 2019 Page 168 that Staff had mailed correspondence to the adjoining property owners/tenants advising of the proposed name change and the May 7, 2019 date for consideration by City Council. Mr. Loyd Ll advised the name "Help Street" had been approved by E-911 Emergency Services for use. Mr. Loyd advised that the General Services Committee and Staff recommended that Council adopt a Resolution renaming the section of Lomax Street between Concord Avenue and Secrest Shortcut Road to Help Street. Council Member Keziah moved to adopt Resolution R-2019-25: RESOLUTION APPROVING STREET NAME CHANGE FOR SECTION OF LOMAX STREET BETWEEN CONCORD AVENUE AND SECREST SHORTCUT ROAD TO HELP STREET R-2019-25 WHEREAS, the Help Crisis Pregnancy Center has requested the City of Monroe to rename the section of Lomax Street lying between Concord Avenue and Secrest Shortcut Road to Help Street; and, WHEREAS, the matter was considered by the General Services Committee on April 18, 2019 and recommended to move forward to City Council with a positive recommendation; and, WHEREAS, the renaming of the reference section of Lomax Street to Help Street was considered by the City Council at their meeting on May 1, 2019, NOW, THEREFORE, BE IT RESOLVED the section of Lomax Street lying between Concord Avenue and Secrest Shortcut Road is renamed Help Street. Adopted this Th day of May, 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 Ms. Lisa Bradle from HELP Crisis Pregnancy Center shared background information on the programs offered at this facility. Ms. Bradle advised that they had been located in Monroe since 1991. She stated that they were a non-profit ministry that ministered to everyone in the community and surrounding areas. Ms. Bradle advised that HELP also worked very closely with other agencies. Item No. 26. Presentation of Budget Message for Fiscal Year 2019-2020. City Manager Larry Faison advised that the Budget and Budget Message had been delivered to Council. He requested that Council accept the Budget Message for Fiscal Year 2019-2020 into the public record as if it had been read in its entirety. City Council Regular Meeting May 7, 2019 Page 169 Council Member Anthony stated that there was something in the Budget Message about a fulltime position to answer the phone about complaints or questions. Mayor Kilgore stated that the Budget was not being adopted tonight. Council Member Anthony withdrew her question and advised that she would bring it up during the Budget public hearing on June 4, 2019. Mayor Pro Tem Anderson moved to accept the Budget Message for Fiscal Year 2019-2020 into the public record as if it had been read in its entirety: Dear Honorable Mayor and City Council: This letter hereby transmits the proposed Budget for the Fiscal Year Ending 2020 to the Mayor and City Council of the City of Monroe. The preparation of the annual Budget is one of the major responsibilities conferred by law upon city managers in North Carolina. City staff has thoughtfully sought to assist in this responsibility of quantifying the cost of service delivery focusing on the most urgent of those requirements. In developing the City's spending plan to affect services and operations, a number of principles were used during the conceptualization of this recommended Budget: ❖ Realistic assumptions for revenue and expenditure estimates that matched reoccurring revenues with expenditures, as a basis of budget recommendations; ❖ Strategies sought to balance citizen interests for public safety, staff views on facility sustainment, and employee wellbeing without placing additional financial burdens on our citizenry, merchants, and industry; •3 Preserving Fund Balance for future capital outlays, improvements, and contingencies. The major resourcing challenges driving this budget planning and expenditure reconciliation process were: X Deferral of additional staff needed to meet demands and succession planning; X Deferral of various maintenance projects; X Delay in fully funding redevelopment area plans; X Deferral of various improvements to Downtown; X Delay in fully funding the strengthening of Information Technology network security. The Manager's recommended Budget decreases by approximately 8.1%, with the total General Fund budget (including subsidized funds) decreasing by 24.2% and Enterprise Funds budget increasing by 0.2 % over their current year budgets. Excluding capital projects, the operating budget increased by 8.4%, with the General Fund operating budget increasing 8.5% and the enterprise funds increasing 0.3%. This spending plan maintains the current general fund ad valorem tax rate of 61.63 cents and downtown municipal tax district's tax rate of 21.9 cents. Other fee and rate revisions are summarized in the respective sections of this Message. The Governing Body possesses the great responsibility of being stewards of City funds as well as ensuring policies are implemented that foster a vibrant and healthy community. Your direction sets the tone for how the City may progress and in collaboration with our management team and your feedback, a clear set of priorities that can be fulfilled. The Budget encompasses a number of recommendations City Council Regular Meeting May 7, 2019 Page 170 that will foster work force stability, address the more prolific deferred maintenance challenges, and deploy projects that enhance our community. GENERAL FUND The City takes great pride and shows its commitment to revitalization in the downtown area with continuation of four previously approved projects as follows: 1. Center Theatre — The City purchased the Center Theatre in 2013 and the adjacent units in 2015. The Center Theatre renovation is currently under construction with an anticipated completion date of December 15, 2019 with an estimated opening of early 2020. The Theatre operation will be supported by the addition of three full-time positions, a Theater Supervisor, Technical Theater Specialist and Administrative Assistant. Remaining staffing coverage will be provided by a pool of part-time employees. (,r 2. Senior Center — The City purchased the Enquirer Journal Newspaper building in 2016 and plans to renovate this facility to serve as a new Senior Center. The current Senior Center facility is too small for the demand on the facility and adequate parking has created challenges. The new facility will provide the same services and plenty of parking. Project construction will be bid in summer 2019. 3. Science Center — The City purchased a building that used to be a grocery store near the Union County Public Library on Franklin Street with the intention of converting the facility into a Science Center. The operation of this facility will be funded by Occupancy Tax Revenue. The renovation is currently under construction with an anticipated completion date of August 31, 2019 with an estimated opening in early 2020. The Science Center operation will be funded by the Monroe Tourism Development Authority. Those employees are no different than employees of the City of (400, Monroe and are entitled to all of the same benefits that Monroe employees receive. Operations will be supported by the addition of two full-time positions, a Science Center Supervisor and Member and Marketing Specialist. Remaining staffing coverage will be provided by a pool of part-time employees. 4. Police Headquarters — The current police headquarters is located in a building that was built in 1987. The building was originally utilized by the Union County Department of Social Services until it was purchased by the City in 2001. This building has housed fire station administrative offices and the police department since then, but is functionally obsolete and lacking space to adequately serve the public. The new police headquarters will provide much needed space for staff and evidence storage as well as being a secure facility. It will be located on the Scott Aviation property across the street from City Hall. Project construction will be bid in summer 2019. Funding has been included in the FY 2020 budget to begin operation of the above facilities as they complete their construction phases and open for business. Funding for debt payments for these facilities has also been included. The proposed budget also includes the addition of a full-time position, a Communications Specialist, to assist with marketing and information sharing for the Science Center and the Center Theatre. This person will also oversee the City's website and monitor social media. The City is working to redevelop and beautify many areas. Revitalization projects in the Winchester Neighborhood and the Concord Avenue redevelopment area have been partially funded. Continuing greenway construction funding has been added to this project fund. Funding for three phases of the Wayfinding sign construction has been provided. Beautification plans provided in this Budget include $38,500 for the purchase of the eighth segment of U.S. 74 tree and flower plantings. Funding is also included for painting, paving improvements and fencing replacement at various recreation facilities. City Council Regular Meeting May 7, 2019 Page 171 Improving existing facilities is priority and the proposed FY 2020 Budget continues to address many deferred maintenance issues. The replacement of the Dickerson Gym roof, resurfacing of the streets in Hillcrest Cemetery, a new pump station for golf course irrigation and bunker/tee box renovations at the (r golf course are included in the proposed Budget. City employees continue to remain our single greatest asset. Included is funding for the City's merit program on a sliding scale based on performance of 04%. The total General Fund Budget is $41,017,852. This proposed FY 2020 Budget being recommended has been balanced through the strategic use of unassigned fund balance, current revenues and installment financings to fund the replacement of a fire apparatus, the Senior Center and Monroe Police Headquarters. MONROE AQUATICS AND FITNESS CENTER FUND The proposed budget for the Aquatics and Fitness Center Fund for FY 2020 is $4,231,263. The Center was added to enhance the quality of life in Monroe by offering activities that can be enjoyed by families in our community. In an effort to keep this building looking fresh and inviting, ongoing maintenance is a priority and has been programmed. Plans to repaint the water park main slide and resurface the waterpark locker room and fitness room floors are included in this fiscal year budget. Other items include the replacement of the hot water boiler and routine replacement of fitness equipment. WATER AND SEWER FUND The proposed budget for the Water and Sewer Fund for FY 2020 is $20,435,828. The City has committed to a financial plan that allows for small increases in the water and sewer rates to accumulate (40., adequate funding for future capital projects to maintain adequate capacity for its current and future customers. In Fiscal Year 2017, a Resolution was adopted for the establishment of a Water and Sewer Capital Reserve Fund to be used to accumulate funds for the construction of a new wastewater treatment plant in the year 2030 -time frame. The engineering and construction cost is estimated to be $135,000,000 and the City believes it is prudent to accumulate enough cash reserves to fund 40% of the total project cost and finance the remaining 60% with revenue bonds. The FY 2020 Budget includes a 3.2% water and sewer rate increase as part of this financial plan. Capacity fees and other construction related fees will be increased on July 1, 2019 by 2.92% based on the construction cost index. Administrative and non -construction fees will increase by 1.91 % according to the consumer price index. Water Capital Improvements: The City's John Glenn Water Treatment Plant has a current capacity of 11.0 MGD. This combined with the Catawba Water Supply of 1.99 MGD (via Union County contract), is expected to meet anticipated demands until 2037, assuming a 1.5 percent annual growth rate. The City is evaluating options for future water supplies needed after 2037. In order to ensure continued reliable operation of the existing water plant treatment, improvements are planned at the John Glenn Water Treatment Plant to replace the chlorine scales, increase the storage area for dry chemicals and add a redundant carbon feed source to help improve taste and odor. Sewer Capital Improvements: The City's Wastewater Treatment Plant capacity is projected to serve the City's needs until 2030 at an annual 1.5 percent growth rate. An expansion plan is in place as previously mentioned to ensure that added capacity can be made available prior to 2030. The purchase of land for this expansion has been budgeted from capital reserve funds in the fiscal year 2020 budget. Improvements proposed for the current Wastewater Treatment Plant include the replacement of the belt press. City Council Regular Meeting May 7, 2019 Page 172 Infrastructure Renewal: Significant efforts are underway to renew our existing infrastructure. A strategic plan was launched in FY 2014 to repair and replace old and deteriorated segments of the water distribution and sewer collection system to ensure system viability. The proposed budget includes funding to continue this program. ELECTRIC FUND The proposed budget for the Electric Fund for FY 2020 is $66,616,234. Electric rates for the FY 2020 budget year are proposed to remain the same. Line extension projects are proposed to be funded to extend electric facilities to new areas of the Corporate Center as needed, to new service territories in the area of Highway 601 North, from Airport Substation to Rocky River Road and from Stafford Street to the Camp Sutton substation. These extensions not only allow the City to serve future load growth, but in some cases provide redundancy by improving the power transfer capability between substations. Replacement of aging underground vault switches is planned in the Downtown area as well as the ' construction of a tie circuit between the Hal Coan and Camp Sutton substations to provide additional load transfer capabilities. The proposed budget includes funding to relocate lines for NC Department of Transportation roadway improvements projects including Highway 74 widening and the Skyway/Hwy 74 bridge. The budget also includes funding for external firms to provide a contract employee to fill the vacant Design Engineering Manager position and the purchase of an additional storage facility. NATURAL GAS FUND The proposed budget for the Natural Gas Fund for FY 2020 is $20,958,115. Natural gas rates are adjusted monthly to reflect the increases/decreases in the actual cost of natural gas. The margin is (4w", budgeted to remain the same in FY 2020. The natural gas system continues to expand to serve new commercial and residential customers resulting in increased sales volume which may offset future rate increases. The Natural Gas System is preparing to expand into Marshville, NC in the fall of 2019. In order to maintain system integrity and provide reliable customer service as growth increases, the proposed budget includes the addition of two positions — an Energy Services Locator and Gas Technician I. Proposed capital improvements include continued funding of system reinforcement projects to resolve weak portions of the natural gas system and increase the operating pressures in the lines as required by federal regulations. Funding for natural gas line relocation projects due to road widening and improvement projects has been included. Subdivision infrastructure projects and revenue -based expansions have also been included to accommodate new planned subdivisions and new connections. STORMWATER FUND The proposed budget for the Stormwater Fund for FY 2020 is $2,352,571. Stormwater Service is apart of the Engineering Department and has two primary functions - (1) maintain and revitalize the stormwater drainage conveyances on both public and private property in Monroe, and (2) provide a response to the City's NPDES Phase II permit which focuses on maintaining and improving the quality of stormwater runoff. The City's Phase II requirements include public education programs that reach out to the schools and neighborhoods as well as our industries and employees in all City departments. In an effort to increase these educational efforts, a new Environmental Educator position has been added. This position is shared with the Solid Waste Fund and will focus on the effect of stormwater pollution and provide education about proper recycling and the benefits of recycling for our environment. A topo AW box sand model is to be purchased in cooperation with the Science Center as an educational tool to teach the various properties of topography, hydrology, geomorphology and land management. A system to City Council Regular Meeting May 7, 2019 Page 173 track drainage requests and prioritize them is planned to be purchased as well. There are no stormwater rate increases proposed in this Budget. AIRPORT FUND The proposed budget for the Airport Fund for FY 2020 is $3,748,875. The continued focus is to expand operations of the Airport and reduce the operating deficit by increasing efficiency in the operations and attracting more aircraft traffic, both based and transient. Construction has begun on the second of two hangar projects at the City's airport, which supports the Airport's focus. The first hangar, which was completed in early 2019, is a bulk storage hangar that has been entirely leased out. The second hangar is designed to store larger corporate jet aircraft with office space for the aircraft's flight crew, and is currently in negotiations to be leased. These new activities demonstrate the potential in boosting operating revenue through new leases and fuel sales. Additionally, the Airport will continue with further airfield enhancements such as an apron rehabilitation project that is currently approved and will be grant funded. SOLID WASTE FUND The proposed budget for the Solid Waste Fund for FY 2020 is $2,477,511. The Solid Waste Fund covers the cost of recycling and residential/business collection services within the corporate limits as well as trash pickup along the City's right-of-ways. A community maintenance crew is also provided to address problem areas within the City associated with yard waste, trash and bulky items. A request for proposals for solid waste collection was recently sent out and is currently being reviewed. A recommendation for the contract award for collection services will be presented to City Council in June, 2019. In an effort to increase recycling education, a new Environmental Educator position has been added. This position is shared with the Stormwater Fund and, as mentioned above, will focus on the (40W, effect of stormwater pollution and provide education about proper recycling and the benefits of recycling for our environment. SELF-INSURANCE FUNDS The City maintains three self-insurance funds: Workers' Compensation, Property and Casualty and Health and Dental. The proposed annual financial plan for the Health and Dental Insurance Fund recommended a 5% increase to the employer premium contributions for the upcoming year. No increase was recommended for employee premiums. The FY 2020 budget also includes contributions from all departments totaling $241,762 for the wellness program. The proposed annual financial plan for the Workers' Compensation Fund for FY 2020 includes funding contributions of $300,000, an increase of $100,000 over FY 2019, that has been allocated to all departments. Funding for the Property and Casualty Fund totals $767,150 that has been allocated to all departments. This amount is 7.2% higher the prior fiscal year. The City has also been funding post -employment benefit costs for retirees as the expenses have been incurred. The annual required contribution, as calculated by an actuary, represents the projected amount required to fund normal costs each year and is now recorded as a liability to the City on the financial statements. At this time, no funding is recommended for GASB 45 post -employment benefits. The budget includes funding for a study to make recommendations about how this liability can be managed. CONCLUSION (6w I look forward to continuing our dialogue on this fiscal plan. I, along with our staff, will work diligently throughout the remainder of the Budget process to achieve the priorities of the Mayor and City Council for the upcoming Fiscal Year. City Council Regular Meeting May 7, 2019 Page 174 Respectfully, /s/ E.L. Faison, City Manager 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. 27. City Council Planning Retreat. Mayor Kilgore advised that this matter would be discussed at a later date. Item No. 28. Discussion of City of Monroe's 175th Anniversary. Communications and Tourism Officer Pete Hovanec advised that Staff had received an inquiry about celebrating the 175th anniversary of the City's incorporation. Mr. Hovanec advised that Staff had looked into ways to showcase this milestone. Since the City was incorporated in December, he advised that Staff felt it would be proper to coordinate this recognition with the City's Tree Lighting held in early December. Council Member Anthony moved to authorize Staff to move forward with coordinating the City's 175th incorporation recognition with the City's Tree Lighting held in early December. 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. 29. Closed Session pursuant to North Carolina General Statute Sections 143- 318.11(a)(1) and (a)(6). Council Member Anthony moved to go into Closed Session pursuant to North Carolina General Statute (N.C.G.S.) Sections 143-318.11 (a)(1) and (a)(6) to prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes, and to consider the qualifications, competence, performance, character, fitness of, or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. 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 Upon return from Closed Session, Council Member Jordan moved to return to Regular Session. Council Member Anthony seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting May 7, 2019 Page 175 AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 30. Termination of City Manager Employment Agreement — Edward Faison Council Member Jordan stated that as he indicated in his evaluation of the City Manager in the past, he did not have confidence in the ability of the City Manager to continue to lead the City of Monroe. He stated that with that in his mind, he moved to terminate the City Manager's Employment Agreement with Mr. Faison immediately so that Council could seek leadership for the City Manager position that was requisite with the type of management needed to move the City of Monroe forward. Council Member Anthony stated that because she, too, had lost confidence, she seconded the motion to terminate the Employment Agreement. The motion failed with the following votes: AYES: Council Members Anthony, Jordan and McGee NAYS: Council Members Holloway and Keziah, Mayor Pro Tem Anderson and Mayor Kilgore City Manager Faison requested that the three Council Members who supported the motion, explain what specifics he was being found at fault for as he would try to address them not necessarily now (40." but at a later time. Council Member Jordan stated that the City Manager asked now so he would respond. He advised that as had been stated by Council Member Anthony and also Council Member McGee and he himself had noticed in the past, City Manager Faison had a very condescending way of presenting himself to the black City Council Members. Council Member Jordan stated that Mr. Faison was not a City Manager that in his opinion placed value on the contributions of the black community. He stated that this was not something that Mr. Faison was going to be able to change. He stated that was something that the three black City Council Members were going to have to live with. Council Member Jordan stated that the black community would end up suffering as a result of this. Council Member Anthony stated that in the five years Mr. Faison had served as the City Manager, she did not feel that he had made an effort to serve the whole community. She stated that she knew the City Manager belonged to certain clubs and the ones he felt were important. Council Member Anthony stated that there were community groups that had not met Mr. Faison. She stated that there were people in Monroe (Hispanic, black) that were important people in their communities and the City Manager did not know them. Council Member Anthony stated that these people should know the City Manager and be able to feel like they could speak to him about issues or greet them. She stated that if one of these people were to walk in now, the City Manager would not know them because she felt that he had less value in them or did not even try to find out who they were. Council Member Anthony stated that the City Manager should provide the same City Council Regular Meeting May 7, 2019 Page 176 (W 0 A A amount of equal respect and have the same footing for each Council Member. She stated that she knew this was not happening. Council Member Anthony stated that she regretted in the Closed Session Meeting and in this Meeting that people that had said different things about the City Manager and how he bowed up at them in the way he talked to them were silent. There being no further business, Council Member Jordan moved to adjourn the City Council Regular Meeting of May 7, 2019 at 9:20 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 Tem Anderson and Mayor Kilgore NAYS: None by G. Kilgorejy4ayor Attest: 05 �� a f . �aB 1 Y�. ]IS6 Bridgitte H. Robinson, City Clerk City Council Regular Meeting May 7, 2019 Page 177