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10/21/2008 Regular City Council MeetingCITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 OCTOBER 21, 2008 - 6:30 P.M. AGENDA www.monroenc.or~ 1. Recognition -September 2008 Citizen Recycling Incentive Awards Program 2. City Manager Comments A. Leaf Collection B. NAACP 38th Annual Freedom Fund Banquet C. Labor Bid for Natural Gas Pipeline Project D. Meeting with Bond Rating Agencies E. Veterans Day Air Show F. Bid Packages for Runway Extension and Goldrriine Road Relocation Projects G. Ribbon Cutting for Oid Armory H. Motion to Rescind 'Action Taken on October 7, 2008 to Change of Location of November 4, 2008 City Council Strategic Planning Meeting and Regular City Council Meeting I. Motion to Change of Location of December 2, 2008 City Council Strategic Planning Meeting and Regular City Council 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: 3. Approval/Acceptance of Minutes and Staff Reports A. Minutes of City Council Strategic Planning Meeting of October 7, 2008 B. Minutes of Regular City Council Meeting of October 7, 2008 C. Minutes of Transportation Committee Meeting of September 8, 2008 D. Minutes of Board of Adjustment Meeting of August 1 1, 2008 E. Draft Minutes of Planning Board Meeting of October 8, 2008 F. Summary of Contracts Awarded, Change Orders Approved, and City Manager Settlement of Claims 4. Ordinance to Amend Land Development Plan Text and Approve Map Amendment Request for Rocky River Road Land Use Corridor 5. Resolutions A. Imposing Gross Receipts Tax on Heavy Equipment B. Authorizing Condemnation to Acquire Water Line Easements Over Certain Property Regular City Council ~vteeting October 21, 2008 Page 1 of Sikinis Zinn and Wife Lillie Zinn C. Amending Resolution R-2008-52 and Authorizing Condemnation to Acquire Real Property D. Approving Installment Financing of Natural Gas Line Project and Sale of Not More than $31,500,000 Certificates of Participation, Series 200$A and $10,500,000 Taxable Certificates of Participation, Series 2008B and Authorizing Execution and Delivery of Documents in Connection Therewith b. Call for Public Hearings to be Held November 4, 2008 at 6:30 p.m. A. Zoning Map Amendment Request by Brad and Carol Bradley for Property Located at 1103 Icemorlee Street from OT {Office Transitional) to Conditional District "Icemorlee Business Center" B. Zoning Map Amendment Request by Arlie and Doris Rushing for Property Located at 1207 Concord Avenue from R10 (Residential High Density) to Conditional District "Rushing Office" 7. Call for Public Hearing to be Held November 18, 2008 to Consider Zoning Map Amendment Request to Expand the South Monroe Historic District to Include a Southwest Area 8. Award of Bids A. Compact Excavator B. Rubber Tire Loader 9. Identity Theft Detection and Prevention Program 10. Acceptance of Assets and Receipt of Revenue from DMI to Downtown Monroe, City of Monroe 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. 11. Intent to Close the At-Grade Railroad Crossing at Normand Street (Contznued from September 16, 2008 City Council Meeting) A. Public Hearing . B. Action -Motion to Continue Public Hearing until December 2, 2008 12. CDBG Individual Development Accounts Grant Close Out A. Public Hearing B. Action -Close Out of CDBG Individual Development Accounts Grant Regular City Council Meeting October 21, 2008 Page 2 13. CONNECT Fresentation by Centralina Council of Governments 14. Request for Proposals for Development of Joffre Hotel Site 15. Appointment of Voting Delegate and Alternate Voting Delegate for the 2008 National League of Cities Business Meeting A. Voting Delegate B. Alternate Voting Delegate 16. Recommendation of Appointments from Citizens Appointment Committee A. Fireman Relief Board of Trustees -Eddie Gordon B. Monroe Housing Authority -Fannie Young C. Monroe Tourism Development Authority - Dev Desai D. Monroe Tourism Development Authority -Nancy Stephen 17. Public Comment Period 18. Ot A. B. C. D. E. F. G. her Business Conceptual Design for Gateways to City M.L. King, Jr. Boulevard Charles Street NCDOT Spending Cutbacks Utility Poles on Charles Street and Sunset Drive Alternative Transportation Funds for Eastern Leg of Bypass 19. Closed Session Pursuant to N.C.G.S. 143-318.11{a}(S) and N.C.G.S. 143-318.11{a){3} - Polk vs. Kane and City of Monroe Regular City Council Meeting October 2 i, 2008 Page 3 CITY OF MONROE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2008 - b:30 P.M. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on October 21, 2008 with Mayor Kilgore presiding. Present: Mayor Bobby G. Kilgore, Mayor Pro Tem P.E. Bazemore, Council Members John Ashcraft, Billy Jordan, Dottie Nash, Robert J. Smith, City Manager F. Craig Meadows, City Attorney Terry Sholar, and City Clerk Bridgette H. Robinson. Absent: Council Member Lynn Keziah. Visitors: Bruce Bounds, Carol Bradley, Michael Chambers, Russ Colbath, Mike Courtney, Jason deBruyn, Debra C. Duncan, Bill Dustin, Isabelle Gillespie, Wayne Herron, Pete Hovanec, Jim Loyd, Jill Martin, Sandra Myers, Lisa Stiwinter, and others. Mayor Kilgore called the Regular City Council Meeting of October 21, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. Recognition -September 2008 Citizen Recvclin~ Incentive Awards Pro>sram. Mayor Kilgore recognized the winners of the Citizen Recycling Incentive Program Awards for August 2008: First Place {$200) -Kristine A. Roberts and Second Place ($100) -Sandra Myers. Ms. Roberts will compete with future monthly winners for the annual grand prize of $500 which is being provided by Allied Waste Industries in June 2009. Item No. 2. City Manager Comments. City Manager Meadows briefed Council on the following: A. Leaf Collection. The fall leaf collection is underway. Trucks will make routes throughout the City every two weeks. B. NAACP 38`h Annual Freedom Fund Banquet. The City has purchased a table to the NAACP 38` Annual Freedom Fund Banquet. The banquet will be held on October 25 at 6:00 p.rn. at the Union County Agriculture Center. Council Members interested in attending this event should contact the City Clerk. C. Labor Bid for Natural Gas .Pipeline Project. The labor bid for the natural gas pipeline project will be opened on October 31. A pre-bid conference was held last week with 17 interested companies in attendance. Regular City Council Meeting Qcto6er 21, 20D8 Page 4 D. Meetin with Bond Ratin A encies. Staff along with the Mayor travelled to New York last week to meet with Standard and Poor's and Moody's Investor Services to review the City's general obligation bond rating. Staff felt the meetings were very positive. E. Veterans Day Air Show. The Veterans Day Air Shaw is scheduled for November 8 and 9 at the Charlotte-Monroe Executive Airport. F. Bid_Packages far Runway Extension,.and Galdmine Road Relocation Proiects. Bid packages for the runway extension and the Goldmine Road relocation projects are out for bid. Bids are due back on November 11. G. Ribbon Cutting for Old Armo_ ry. The ribbon cutting for the Old Armory is scheduled for Monday, November 17 at 2:40 p.m H. Motion to Rescind Action Taken on October '] 2008 to Chan a of Location of November 4.2008_ City Council Strategic Planning Meeting and Regular City Council Meeting. Council Member Nash made a motion to rescind ~action~ taken on October 7, 2008 to change the location of the November 4, 2008 City Council Strategic Planning Meeting and Regular City Council Meeting to the Old Armory. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tern Bazemore, and Mayor Kilgore NAYS: None ~~ I. Motion to Change of Location of December 2, 2008 City Council Strategic Planning Meeting and Regular City_Council Meeting. Council Member Nash made a motion to change the location of the December 2, 2008 City Council Strategic Planning Meeting and Regular City Council Meeting to the Old Armory. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES_ : Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None CONSENT AGENDA Mayor Kilgore reviewed the Consent Agenda and asked if any member of the Council or citizen would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Wri#ten background information was provided in advance in the Council Agenda Packets for each item on the Consent Agenda. No further discussion was held. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 3. ApprovaVAcceptance of Minutes. Regulaz City Council Meeting Octa6er 27, 2fl08 Page S A. Minutes of Ci Council Strate is Plannin Meetin of October 7 2008. Mayor Pro Tem Bazemore moved to approve the Minutes of the City Council Strategic Planning Meeting of October 7, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Minutes of Regular City Council Meeting of October 7, 2008. Mayor Pro Tem Bazemore moved to approve the Minutes of the Regular City Council Meeting of October 7, 2008. Council Mernher Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None (~ C. Minutes'of Transportation Committee Meeting of September 8, 2008. Minutes of the Transportation Committee Meeting of September 8, 2008 were received as information by Council. D. Minutes of Board of Adjustment Meeting of August ll, 2008. Minutes of the Board of Adjustment Meeting of August 11, 2008 were received as information by Council. E. Draft Minutes of Planning Board Meeting of October 8, 2008. Draft Minutes of the Planning Board Meeting of October 8, 2008 were received as information by Council. F. S_umm_ary of Contracts Awarded, Change Orders Approved, and City Manager Settlement of Claims. City Manager Meadows reported by memorandum the award of contracts pursuant to Ordinance 0-2001-i7 and Change Orders approved pursuant to Resolution R-2000-76. There were no settlement of claims. Date Name Purpose Fiscallm act Fund Amount 912108 APMI, lnc. Decorative crosswalk installation Downtown $19,890 at Windsor and .Main Monroe 912/08 James E. Byrd Lake Monroe .Inspector Water $8,000 Resources 9/2/08 Gunslaw Coffey Lake Lee Inspector Water $8,000 Resources 912108 Robert Benfield Lake Twitty Inspector Water $8,000 .Resources 912108 Aquatic Construction Install new flooring in the shower Aquatic $26,070 and locker rooms at MAFC Center 9/2108 Melrose South .For July 4, 2009 Fireworks show General $10,000 P rotechnics, Inc. Regular City Council lvlecting October 21, 2008 Pege 6 ~` 1~ Date Name Purpose FiscalIm act Fund Amount 912108 Stallings Salvage To instal] VCT the and carpet for General $9,704 Police De artment 912108 Lawrence Associates, As-built survey of AeroPointe General $8,160 P.A. Parkwa ro'ect 912108 Dickerson Architecture Pre-design space programming of Airport $6,500 the Charlotte-Monroe Executive Ai ort Terminal Ex ansion 9110/OS Miracle Amusements, To provide amusement Genera] $9,60D Inc. attractions and concessions for Employee Appreciation Day at Belk Tonawanda Park on 9120108 9111108 Overhead Door To provide maintenance service General *$4,999 for one ear 911 ll08 Miracle Amusements, To provide amusement General *$2,250 Inc. attractions and concessions for . ~ Halloween Happenings on 10118/0$ in downtown Monroe - 9112108 Whitley Lawn & Garden Metal building for 200 South Water *$3,150 Pum Station Resources 9116108 Ramey Kemp & Assoc., Additional traffc engineering General *$3,500 lnc. (Chan e Order services --downtown Monroe 9116108 Joe Price Acoustics, Inc. Remove existing grid and ceiling General $12,738 tiles and install new grid and tiles at Dickerson Center 9116108 Skyway Floor Covering Install carpet in Customer General *$6,032 Service area in Ci Half 9/16/08 ARM Environmental Asbestos Abatement for 317 East General $11,900 Services Morrow Avenue 9116108 William R. Morgan, Co. Appraisal Services for Phase II Water $6,750 Raw Water Main Extension Resources 9118108 Hodge Enterprizes, Inc. North Loop Expansion {Pipeline N Gas $89,725 (Chan e Order) Ali nment Ad'ustment) 9/22108 Asplundh Tree Expert For herbicide application for Electric *$2,698 Company brush control in electrical _ substations 9122108 TPM ofChariotte Machine Service Agreement for General *$],550 Oce co ier 9122108 Thomas M. Brown, Inc. Annual maintenance services Water *$2,500 inspection and repair of overhead Resources cranes at the WWTP 9/23/08 Diver Style SCUMA Dive inspections services to Water *$4,950 inventory and document Resources underwater conditions ak Monroe Rock uar 9123108 Lawrence Associates, A survey of the location of a now General *$1,800 P.A. removed petroleum storage tank at City Ha]] is needed to complete a Notice of Residual Petroleum re uired by NCDENR Regulaz City Council IvEeeting October 21, 2008 Page 7 Date Name Pur ose FiscalIm act 9125108 T.H.C., Inc. (Change For additional real estate Water $5,500 Order) acquisition work for the Western Resources Zone Transmission Main 9125108 W.K..Dickson MLK Utility Relocations Water $9,500 Resources 9129108 CMI Contracting, Inc. Borrow Site "A" Water $129,228 Resources 9129148 TEI Ventures (Wildfire Downtown WI-FI ro'ect $40,000 9130108 Gardner Denver, Inc. Annual maintenance services for Water *$4,999 the Lamson Blowers at the Resources W WTF 1011/08 WaynCo .Roofing For re-roofing pyramid section of General *$4,000 Com an roof at Ci Hall 1011108 On-Spec Engineering To provide materials testing and General *$3,b$0 inspection services for turn lane improvements along Rocky River Road at the new AeroPointe Parkwa 10/l/08 On-Spec Engineering To provide materials testing and Airport *$1,275 inspection services for Barrow Site "A" at the Charlotte Monroe Executive Ai ort 1012108 Clear and Colorful Ta install, take-down, and store General $13,096 Holiday Decor starbursts an downtown trees Christmas decorations 1017108 Maxco, Inc. :Loading dock metal building at Electric $78,753 O s Center 1017108 Power Tech Engineering, Large number of reroutes and Electric $150,000 LLC (Chan e Order #2 ad'ustments in the centerline 10/8/08 McCall-Thomas For dissolved gas analysis and N Gas *$4,756 Engineering Company, fluid quality testing Inc. 1018108 Holloway's Music Install and operate speakers and Genera! *$3,500 sound equipment for the Christmas Tree Lighting Celebration in Downtown Monroe on 12/6/08 *Approved by Department Director Total $7l 3,863 Item No. 4. Ordinance to Amend Land Development Plan Text and Annrove Man Amendment Request for Rocky River Road Land Use Corridor. Assistant City Manager Wayne Herron advised by memorandum that the proposed Rocky River Road Land Use Corridor study area covers approximately 3.22 miles of tenritory and follows north to south from the intersection of Unionville-Indian Trait Road along North Rocky River Road down to the railroad track. The Rocky River Road Land Use Corridor involves four major intersections, which include: Unionville-Indian Trail Road and North Rocky River Road; proposed Monroe Bypass Interchange and North Rocky River Road; Secrest Shortcut Road and North Rocky River Road; and, US Highway 74 and North Rocky River Road. Aegulaz City Council Meeting October 21, 200R Pagc 8 Mr. Herron advised that based on the number of intersections and the proposed Monroe Bypass interchange, the Rocky River Road Land Use Corridor has been broken down into three nodes, which include two Regional-Retail Nodes, two Neighborhood-Retail Nodes and a Transitional Node. He advised that the boundary for both the Regional-Retail and Neighborhood-Retail Nodes consists of a half-mile radius of its center, or approximately a 10-minute walk. The Regional-Retail Nodes reside at the intersections of the proposed Monroe Bypass interchange and North Rocky River Road, and US Highway 74 and North Rocky River Road. Mr. Herron advised that the• two Neighborhood-Retail Nodes are located at the intersections of Unionville- lndian Trail Road and North Rocky River Road, and Secrest Shortcut Road and North Rocky River Road. The Transitional Node includes the remaining area not located within aRegional- Retail orNeighborhood-Retail Node. Mr. Herron advised that the Regional-Retail Nodes are intended to concentrate high traffic volume-generating commercial uses such as shopping malls, hotels, restaurants, and entertainment geared toward the traveling public, as well as attracting consumers from a 20 to 30 mile radius, and shall be located at the core of this node. A mix of professional offices, retail uses and attached residential will serve to buffer the more intense commercial uses, while detached residential uses will be located at the outer edges. Heavy commercial uses which do not sell products or provide services for everyday use are not encouraged in this node. Mr. Herron advised that the Neighborhood-Retail Nodes are intended to concentrate medium traffic volume-generating commercial uses and attached residential around intersections of boulevards and thoroughfares, and are designed to draw customers from adjoining neighborhoods. This node should be predominately focused on retail and professional offices located at the core of the node. Attached and detached residential and public facilities will serve to buffer the more intense commercial uses in the core of the node. Mr. Herron reported that the Transitional Node includes the area not within the Regional-Retail or Neighborhood-Retail Nodes. This node is intended to concentrate office, public facilities and all types of residential uses. Mr. Herron advised that these three nodes describe the desired land uses within the Rocky River Road Land Use Corridor study. Any and all zoning changes or development approvals requiring a zoning change shall be considered through the conditional district rezoning process. Mr. Herron advised that no changes are proposed to the Hamilton Place subdivision area on the Land Development Plan map. Transitional nodes are proposed to the north and south of the Hamilton Place subdivision area to provide appropriate transitional uses as you move from Hamilton Place to the key intersections to the north and south. Staff and Planning Board recommended that Council approve the Land Development Plan text and map amendment for the proposed "Rocky River Road Land Use Corridor." Mayor Pro Tem Bazemore moved to adopt Ordinance 0-2008-40: Regular City Council Meeting October 21, 2008 Page 9 ORDINANCE TO AMEND TITLE XV, CHAPTER 157: LAND DEVELOPMENT PLAN OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-40 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 157 LAND DEVELOPMENT PLAN OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. Add Section § 157.24 "Rocky River Road Land Use Corridor" as follows: A. Goal: (]) To provide compatible land uses within the Rocky River Road Land Use Corridor that meet the needs of the community. (2) To provide residential neighborhoods surrounding major boulevards or thoroughfares a short and convenient access to a commercial node. ~ B. Purpose: (1} Define high traffic volume generating commercial uses around the proposed Monroe bypass interchange and major highways that will meet the needs of the traveling public. (2) Designate medium traffic volume generating commercial uses and at#ached residential land uses around boulevards and thoroughfares to draw customers from adjoining neighborhoods. {3) Define transition land uses to serve as a buffer from commercial to residential uses. {4) Promote parks and greenways to be developed in floodplain areas. C. Objective: (1) To provide guidance when determining whether or not a future development proposal is consistent with the goals and objectives for the Rocky River Road Land Use Corridor. D. Strategies: (1) Divide the Rocky River Road Land Use Corridor into three nodes: (a) Regional-Retail Node; (b) Neighborhood-.Retail Node; (c} Transitional Node. (2) Locate the Regional and Neighborhood-.Retail Nodes at the intersections of interchanges, majar boulevards and thoroughfares, where they can be l commercially viable. Regular City Council Meeting October 21, 2008 Page IO (3) Designate the size of the node boundaries in order to provide a 10 minute walk or 5 minute drive access from surrounding neighborhoods to the nodes commercial core. (4) Require adequate screening and buffering between different land uses as well as along intermittent and perennial streams. (5) Encourage the development of parks, plazas, greenways and open space in floodplain areas. E. Rocky River Road Land Use Corridor Requirements: (1) Regional-Retail Node: The .Regional-Retail Node is intended to concentrate high traffic volume generating commercial uses such as shopping malls, hotels, restaurants, and entertainment geared toward the traveling public as well as attracting consumers from a 20 to 30 mile radius and shall be located at the core of this node. A mix of professional offices, retail uses and attached residential will serve to buffer the more intense commercial uses, while detached residential ~ uses will be located at the outer edges. Heavy commercial uses which do not sell products or provide services to everyday use are not encouraged in this classification. (2) Neighborhood-Retail Node: The Neighborhood-Retail Node is intended to concentrate medium traffic volume generating commercial uses and attached residential around intersections of boulevards and thoroughfares and designed to draw customers from adjoining neighborhoods. This node should be predominately focused on retail and professional offices located at the core of this node. Attached and detached residential and public facilities will serve to buffer the more intense commercial uses in the core of the node. (3) Transitional Node: The Transitional Node includes the area not within the Regional or Neighborhood-Retail Nodes. This node is intended to concentrate low volume generating uses such as offices, public facilities and all types of ~_ residential uses. (4} The three nodes listed in 1 to 3 described the desired land uses within the Rocky River Raad Land Use Corridor study. Any and all zoning changes or development approvals requiring a zoning change shall be considered during a Conditional District Rezoning process. {5) A]1 proposed Conditional District Rezoning requests shall comply with all set forth regulations in Chapter ] 56 and 157 of the City of Monroe Code of Ordinances. Section 2. This Ordinance shall be effective from and after the date of its adoption. Adopted this 215` day of October, 204$. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 5. Resolutions. Regular City Cvunci] Meeting October 21, 2008 Page 1 A. Im osin Gross Recei is Tax on Hea E ui ment. Finance and Administration Director Jim Fatland advised by memorandum that North Carolina General Statute 105-275{42a) designated heavy equipment on which a gross receipts tax may be imposed under 153A-156.1 and 160A-215.2 as a special class of property which is exempted from property taxation and shall not be listed, appraised, assessed or taxed after January 1, 2009. He further advised that North Carolina General Statue 153A-156.1 authorizes a municipality by Resolution to impose a tax at the rate of eight-tenths of one percent (0.8%} on the gross receipts from the short-term lease or rental of heavy equipment by a person whose principal business is the short-term lease or rental of heavy equipment at retail. Mr. Fatland reported that the amount of valuation for 2008 is $3,253,210. The amount of tax for 2008 is $16,103. The effective date must be the first day of a calendar quarter and may not be sooner than the first day of the calendar quarter that begins at least two months after the date the Resolution is adopted. Staff recommended that Council adopt a Resolution in order to be able to collect the taxes available to the City of Monroe pursuant to North Carolina General Statue 153A-156.1. Mayor Pro Tem Bazemore moved to adopt Resolution R-2008-96: RESOLUTION IMPOSING A GROSS RECEIPTS TAX ON HEAVY EQUIPMENT IN LIEU OF PROPERTY TAX R-2048-96 WHEREAS, pursuant to North Carolina General Statutes 105-275(42a) and S.L. 200$-144, the City of Monroe City Council does hereby adopt the following resolution: WHEREAS, North Carolina General Statute ! OS-275(42a) designates Heavy Equipment on which a gross receipts tax may be imposed under 153A-156.1 and 160A-215.2 as a special class of property which is exempted from property taxation and shall not be listed, appraised, assessed or taxed after January 1, 2009; and WHEREAS, in lieu thereof, North Carolina General Statuke 153A-156.1 authorizes a municipality by Resolution to impose a tax at the rate of eight-tenths percent(0.8%} on the gross receipts from the short term lease or rental of heavy equipment by a person whose principal business is the short-term lease or rental of heavy equipment at retail; and WHEREAS, this tax provides an alternative to a property tax on the equipment. NOW THEREFORE, IT IS HEREBY RESOLVED that a tax ofeight-tenths percent (0.8%) on the gross receipts from the short-term lease or rental of heavy equipment by a person whose principal business is the short-term lease or rental of heavy equipment at retail is imposed pursuant to 153A- 156.1 in lieu of the personal property tax. '.Phis Resolution shall be effective January 1, 2009. Adopted this 2 ] S~ day of October, 2008. Council Member Smith seconded the motion, which passed unanimously with the fallowing votes: Regular City Council Meeting October 2l, 2DD8 Pagc 12 AYES: Council Members Ashcroft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Anthorizin>= Condemnation to Acquire Water Line Easements Over.Certain Property of Sikinis Zinn and Wife Lillie Zinn. Water Resources Director Russ Colbath advised by memorandum that Council previously approved a capital improvement project to extend water mains in the City's western service zone. He advised that this project was needed to provide adequate water service to the western area of the City, including the airport and corporate center, and to link the existing system to the new elevated water storage tank near the intersection of Rocky River Road and NC Highway 84. Mr. Colbath advised that this project required the acquisition of 33 water line easements. To date, City staff and the right-of--way agents hired for the project have successfully obtained 32 easements. However, negotiations to date with Mr. Sikinis Zinn for a required easement have been unsuccessful. Mr. Colbath advised that this easement was required to complete the water main extensions to serve the described areas. Staff will continue to negotiate in good faith with the property owner in an effort to resolve this issue. In the meantime, staff recommended that Council adopt a Condemnation Resolution to allow completion of water line extensions necessary to serve the western area of the City's water service zone. Mayor Pro Tem Bazemore moved to adopt Resolution R-2008-94: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE WATER LINE ~_ EASEMENTS OVER CERTAIN PROPERTY OF SIHINIS AND WIFE LILLIE ZINN R-200$-94 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire water line easement over certain property owned by Sikinis and Wife Lillie Zinn, as recorded in Deed Book 3392, Page 667, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound water system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its water lines and related facilities over the property hereinafter described to provide service to the City of Monroe western water service zone and surrounding areas, as authorized by North Carolina General Statutes 160A-312 and required by N.C.G.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CTI'Y OF MONROE, THAT: 1. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. 2. The City of Monroe shall acquire by condemnation, far the purpose stated above, the property and interest described as follows: Regular City Council Meeting October 2t, 2068 Page 13 A perpetual right, privilege and easement is go in and upon that certain parcel of ]and (hereinafter "premises") situated in the City of Monroe, Union County and State of North Carolina and more fully described in Deed Book 3392, Page 667 Union County Registry, and to construct, maintain and operate water lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: a) To enter said premises to inspect said lines. b) To perform necessary maintenance and repairs. c) To make alterations and additions thereto. d) To remove from the right-of--way strip, now or at any time in the future, trees, structures or ~ other obstructions that may interfere with the proper maintenance and operation of said lines. e) To instal] manholes, valves, pipe, fire hydrants and other necessary appurtenances. f} To regulate, restrict or prohibit any future building (construction or structure) within the easement. g) To regulate, restrict or prohibit any changes of grade within the easement. h) The easements shall he located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they ~. exist at the time entry is necessary and when they are adequate far the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical route or routes to said easement. 3. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes includinp_the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N. C. G. S. 40A-42 (a}. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Amending Resolution R-2008-52 and Authorizing Condemnation to Acquire Reat Property. Economic Development and Aviation Director Chris Plate advised by memorandum that in order to extend the Charlotte-Monroe Executive Airport runway to 7,000 feet as planned, it is necessary to relocate Galdmine Road, which requires obtaining property on which to locate the relocated road along with slope and construction easements. Goldmine Generation, LLC is the owner of the property on which the road is to be located. Mr. Plate advised that City staff has attempted unsuccessfully to acquire the property from the owner for some time. The initial step Regular City Council Meeting October 21, 2408 Page 14 in the condemnation process was taken by Council on July 1 S when Resolution R-2008-52 was adopted authorizing the initiation of condemnation to acquire the property by eminent domain. Staff recommended that Council adopt a Resolution amending Resolution R-2008-52 to reflect changes that occurred in the road design and authorizing a portion of the property owned by Goldmine Generation, LLC to be acquired by condemnation on which to relocate Goldmine Road for the extension of the airport runway. Mayor Pra Tem Bazemore moved to adopt Resolution R-2008-95: RESOLUTION AMENDING RESOLUTION R-2008-52 AND AUTHORIZING CONDEMNATION TO ACQUIRE REAL PROPERTY R-2008-95 WHEREAS, the governing body of the City of Monroe adopted Resolution R-2008-52 on July I5, 2008 authorizing the acquisition of real property owned by Goldmine Generations, Lt,C as described in Deed .Book 4492, page 708, Union Public Registry, by condemnation; and WHEREAS, said Resolution R-2008-52 identified the property to be acquired by attachment Exhibit "A"; and WHEREAS, the actual property to be acquired by condemnation has since changed and been amended to enlarge the width of the right of way for the relocated Goldmine Road required by the North Carolina Department of Transportation; and WHEREAS, the purpose of this amendment to the Resolution to amend, reflect, and accurately depict the actual property to be acquired. ~_ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: 1. The description of the property to be acquired by eminent domain is hereby amended as shown and depicted on the Exhibit "A" which attached hereto and incorporated by reference as if fully set out herein. 2. Resolution R-2008-52 is hereby ratified and affirmed in all respects save and except amending the description of the property interests to be acquired and other matters expressly stated herein which are inconsistent with R-2008-52. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property interest herein described and to use the quick take provisions of G. S. 40A-42 (a). Adopted this 215Y day of October, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: Aegnlar City Council Mccting October 2l, 2DD8 Aage l5 AYES: Council Members Ashcroft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None D. A rovin Installment Financin of Natural Gas Line Project and Sale of Not More than $31,500,000. Certificates of Participation, Series 2008A and $10,500,000 Taxable Certificates of Participation, Series 2408B .and Authorizing Execution and Delivery of Docurrllents in Connection Therewith. Energy Services Director Don Mitchell, City Attorney Sholar, and Finance and Administration Director Fatland advised by memorandum that on August 6, 2008, Heath and Associates, Inc. received bids for the pipe purchase. Bids for the installation of the pipe are scheduled for October 3 i, 2008. The gas line project consists of a 12- inch, 43 mile transmission line. Staff advised that the application for financing the project would be considered by the North Carolina Local Government Commission at their regularly scheduled meeting on November 4, 2008. Staff recommended that Council adopt a Resolution for Installment Financing of a Natural Gas Line Project and the Sale of Not More than $31,500,000 Certificates of Participation, Series 2008A and $10,500,000 Taxable Certificates of Participation, Series 2008B and Authorizing the Execution and Delivery of Documents in Connection Therewith. Mayor Pro Tem Bazemore moved to adapt Resolution R-2008-98: RESOLUTION APPROVING AN INSTALLMENT FINANCING OF A NATURAL GAS LINE PRO.IECT AND THE SALE OF NOT MORE THAN ~--~ $32,775,000 CERTIFICATES OF PARTICIPATION, SERIES 2008A AND $9,225,000 TAXABLE CERTIFICATES OF PARTICIPATION, SERIES 2008B AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS IN CONNECTION THEREWITH R-2008-98 WHEREAS, there have been available at this meeting substantially final drafts of the following: 1. A form of the Installment Financing Agreement to be dated December 1, 2008 (the "Agreement") between the City of Monroe, North Carolina (the "City") and the Monroe Public Financing Corporation (the "Corporation"); 2. A form of the Security Agreement to be dated December 1, 2008 (the "Security Agreement"), made by the City to the Corporation; 3. A form of the Trust Agreement to be dated December 1, 2008 (the "Trust Agreement") between the Corporation and Wells Fargo Bank, N.A., as trustee {the "Trustee"); 4. A form of the Preliminary Official Statement {the "Preliminary Official Statement"} relating to the Certificates of Participation, Series 2008A (the " 2008A Certificates"} and the Taxable Certificates of Participation, Series 2008B (the "20088 Certificates") (collectively, the "Certificates"}; and Regular City Council lvleeting Qctoher 21, 2008 Page 16 5. A form of the Certificate Purchase Agreement to be dated an or about November 14, 2008 (the "Purchase Agreement") among Bank of America Securities LLC, on behalf of itself and on behalf of another underwriter to be named {the "Underwriters"), the City and the Corporation. WHEREAS, the City Council conducted a public hearing on October 7, 2008, regarding the Agreement to finance the acquisition, construction and installation of the Project and the creation of a security interest in a portion of the Project described in a notice for said public hearing, and the City Council received evidence supporting the need for such financing; and WHEREAS, the City Council desires to approve the proposed installment financing of the Froject and the execution, sale and delivery of the Certificates and to authorize other actions in connection therewith. NOW, THEREFORE, BE IT RESOLVED by the City Council as follows: 1. All actions heretofore taken by the City Manager, the Finance Director and the City Attorney effectuating the proposed installment financing of the .Project are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the documents referred to above. 2. The City Council hereby finds and determines in connection with the Agreement and the transactions contemplated thereby that {a} such Agreement is necessary or expedient to the City, (b) such proposed Agreement, under current circumstances, is preferable to a bond issue of the City for the same purpose, (c) the sums estimated to fall due under such Agreement are adequate and not excessive for its proposed purpose, (d) the City's debt management procedures and policies are good and its debt will continue to be managed in strict compliance with the law, (e} any increase in taxes necessary to meet the sums estimated to fall due under the Agreement will not be excessive and {f) the City is not in default regarding any of its debt service obligations. ~~~ 3. Each of the Agreement, the Security Agreement and the Purchase Agreement, in the form submitted to this meeting, is hereby approved, in substantially such form and the Mayor or Mayor Pro Tem of the City, the City Manager, the Finance Director, the City Attorney and the City Clerk are each hereby authorized and directed to execute and deliver each of those documents on behalf of the City, with such changes, insertions or omissions as they may approve with the advice of counsel. 4. The Trust Agreement, in the form submitted to this meeting, is hereby approved with such changes, insertions or omissions as they may approve with the advice of counsel, including provisions (if applicable) that relate to a municipal bond or financial guarantee insurance policy procured by the City, capitalized interest or the use of a debt service reserve fund. 5. Each of the Preliminary Official Statement and the final Official Statement in the form of the Preliminary Official Statement submitted to this meeting, is hereby approved, in substantially such form, with such changes, insertions and omissions as appropriate, and the use thereof in connection with the public offering and sale of the Certificates is hereby authorized. The Mayor or Mayor Pro Tem of the City and the City Manager, Finance Director and City Attorney are hereby authorized and directed to execute and effectuate the distribution, on behalf of the City, the final Official Statement in substantially such form, with such changes, insertions and omissions as they may approve with the advice of counsel. 6. Subject to the parameters and limitations set forth herein, the City Manager is hereby authorized to approve the terms of the Certificates, including but not limited to, the aggregate principal amount and the dates and amounts of maturities thereof, the redemption provisions thereof, the Regular City Council Meeting October 21, 2008 Page 17. interest rates thereon and the discount below or premium above the principal amount of the Certificates at which the Certificates are sold to the Underwriters; provided that: (i} the principal amount of the 2008A Certificates shall not exceed $32,775,000; (ii) the principal amount of the 2008B Certificates shall not exceed $9,225,000; (iii) the final maturity date of the Certificates shall be no later than March 1, 2039; and (iii} the effective interest rate of the 2008A Certificates shall not exceed 7.50% and the effective interest rate of the 2008B Certificates shall not exceed 8.00%; it being understood that the parameters and limitations set forth in this Section 5 shall amend and replace where applicable the parameters and limitations set forth in Section 1 of the City Council's initial resolution dated September lb, 2008, which authorized, among other things, the negotiation of the Agreement. 7. The Mayor, the City Manager, the Finance Director, the City Clerk and the City Attorney are hereby authorized to take any and all such further action and to execute and deliver such other documents as may be necessary ar advisable to carry out the intent of this Resolution and to effect ~*,, the installment financing pursuant to the Agreement and the Purchase Agreement, including, [ ~ without limitation, procuring a municipal bond or financial guarantee insurance policy and entering into tax compliance certificates and agreements. Execution of the Agreement and the Purchase Agreement by the Mayor or the City Manager and Finance Director shat! conclusively evidence approval of all such details of the financing. 8. Due to present volatile financial market conditions and the City's present need of funding, the Mayor, the City Manager, the Finance Director, the City Clerk and the City Attorney are hereby authorized to use a short term financing agreement to provide interim funding and retain the options for a more advantageous permanent financing when the markets stabilize. The permanent financing may be structured as currently presented or may be structured very differently in order to recognize fundamental changes in the market. When and if decided upon, the terms of the interim financing will be addressed for approval by the LGC. ~ This Resolution shall become effective immediately upon iks adoption. Adopted this 2151 day of October, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Nash, Smiths, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 6. CaII for Public Hearings to be Held November 4, 2008 at 6:30 A.m. A. Zoning Maa Amendment Reauest by Brad and Carol Bradley for Property Located at 1103 Icemorlee Street from OT (Office Transitional) to Conditional District "Icemorlee Business Center." Mayor Pro Tern Bazemore moved to call far a public hearing to be held on November 4, 2008 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes; AYES: Council Members Ashcroft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regular City Coancil lvleeting October 21, 2DO$ 3~lYC 679238.2 Page l8 B. Zonins Map Amendment Request by Arlie and_Doris Rushing for Property Located at 1207 Concord Avenue from RIO.. (Residential High Density) to Conditional District "Rushing Office." Mayor Pro Tem Bazemore moved to call for a public hearing to be held on November 4, 2008 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 7. Call_for Public Hearing to be Held November 18, 2008 to Consider Zoning Man Amendment_ Request to Expand the South Monroe Historic District to Include a Southwest Area. Mayor Pro Tem Bazemore moved to call for a public hearing to be held on November 18, 2048 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 8. Award of Bids. A. Compact Excavator. Engineering Director Jim Loyd advised by memorandum that staff ` received bids on August 22 for two compact excavators, one with a hydraulic breaker for the Engineering Department. Pursuant to Ordinance 0-1999-11, staff informed Council of the bid tabulations as follows: VENDOR BID BID w/BREAKER TOTAL Bobcat of Monroe $52,$10 $58,625 $111,435 Charlotte Tractor Com an $56,187 $65,680 $121,867 Linder industrial E ui ment $b0,740 $67,880 $128,620 Mr. Loyd advised that the compact excavator with the hydraulic breaker will be utilized by the Street Division for work within the City's rights-of--way and will be purchased using Powell Bill funds. The other compact excavator will be utilized by the new Stormwater Crew and will be purchased using funds from the Stormwater Utility. Staff notified Council of the award of this bid to Bobcat of Monroe for the sum of $111,435. B. Rubber Tire Loader. Engineering Director Loyd advised by memorandum that staff received bids on August 22 for a rubber tire loader for the Engineering Department. Pursuant to Ordinance 0-1999-11, staff informed Council of the bid tabulations as follows: VENDOR BID MODEL COMMENTS Interstate Equipment Com an $122,348.48 JCB 42bZX Does not meet specifications. Insufficient maximum horse ower, Regular City Council Meeting October 21, 2008 Page l9 no hydraulic oil gauge, and does not meet arts/warran re uirement. Linder Industrial $126,850.00 Komatsu WA250-6 Does not meet specifications. Equipment insufficient maximum horsepower, hydraulic capacity, and fuel tank capacity. No service locking bar or LED li hts, and incorrect au es. James River $127,750.00 John Deere 544K Meets specifications. Accept. E ui ment Carolina Tractor $134,343.66 Caterpillar 928 H2 Com an Interstate Equipment $151,491.18 Kawasaki70ZV-2 Com any Staff recommended that Council award the bid for a rubber tire loader to James River Equipment for the sum of $127,750. Mayor Pro Tem Bazemore moved to award the bid for a rubber fire Ioader to James River Equipment for the sum of $127,750. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No_. 9. Identity Theft Detection and Prevention Pro~rann. Finance and Administration Director Fatland advised by memorandum that the Federal Trade Commission's Fair and Accurate Credit Transactions Act of 2003, the Identity Protection Act of 2005, N.C.G.S. 75-60 of the Identity Theft Protection Act, N.C.G.S. 14-113.0 Identity Theft, and N.C,G.S. 132-1.10 of the Public Records Act requests municipalities to recognize the responsibility of safeguarding certain information of customers, vendors, employees and other individuals. Mr. Fatland advised that this policy was to communicate to employees their responsibility for protecting sensitive and confidential information and a response plan in the event a red flag was identified or in the event there was a breach of information subject to the Acts. By November 1, 2008, municipalities should have this plan in place that will help in detection, prevention and mitigation of identity theft in connection with opening of certain accounts or in connection with certain existing accounts. Staff recommended that Council adopt an Identity Theft Detection and Prevention Program per the FACTAct (Fair and Accurate Credit Transactions Act). Mayor Pro Tem Bazemore moved to adopt the Identity Theft Detection and Prevention Program per the FACTAct (Fair and Accurate Credit Transactions Act}: IDENTITY THEh'T DETECTION AND PREVENTION PROGRAM SECTION 1. Purpose Regular City Council [~4eeting October 21, 2008 Page 20 In accordance with the Federal Trade Commission's Fair and Accurate Credit Transactions Act of 2003, the Identity Protection Act of 2005, North Carolina General Statutes {N.C.G.S) 75-60 of the Identity Theft Protection Act, N.C.G.S 14-I 13.20 Identity Theft, and N.C.G.S 132-1.10 of the Public Records Act (together, the "Act"), the City of Monroe recognizes the responsibility to safeguard certain information of customers, vendors, employees, and other individuals who provide information within all the City of Monroe branches and workplace that is covered by the Act. The purpose of this policy is to communicate to employees their responsibility for protecting sensitive and confidential information pursuant to the Act and a response plan in the event that there is a breach of information subject to the Act. SECTION 2. Scope This policy applies to management and all personnel of the City of Monroe. The following represents a policy for the development of the identity theft detection and prevention program. Any part or the whole of policies and procedures written and developed will be incorporated into the program where appropriate. This does not replace, but rather supplements, any of the City of Monroe standing policies. SECTION 3. Privacy Committee The City of Monroe's Privacy Committee is established to create, drive and monitor the program. A Privacy Officer functions as the head of committee, reports to a member of Senior Management or City Manager regarding the outcomes and need of The Identity Theft Detection and Prevention Program. De artrnent Role Senior Mana ement Su 1 in resources to establish roactive identi theft ro ram Accountin Billin ,Collections, Ex ert in the flow of funds IT Data and Network Security, 1/xpert in SCA.DA/Network administration Human Resources Personnel information, Identit theft trainin Customer Service Day to day processes in opening new accounts and moni#oring activi on existin accounts Law Enforcement Knowled e of identit theft General Counsel Provide insi hts in le al rulin and State Statuto clarifications Privacy Officer Coordinates audit studies and reviews attern of incidents SECTION 4. Definitions Sensitive Information -- Information that is identifying information according to the Act and through contractual obligations related to merchant services {credit card acceptance). The following are specifcally identified as sensitive information: 1. Social security and employer taxpayer identification numbers 2. National and international identification 3. Drivers license, State identification card, or passport numbers 4, Credit card and debit card numbers S. Savings and checking account numbers 6. 7. Personal Identification (PIN) Code Passwords 8. Electronic identification numbers, electronic mail names or addresses, internet account numbers, or internet identification names Regular City Council Meeting October 21, 2008 Page 21 9. Customer credit information {credit history, pay arrangements, and financial transactions} ] 0. Any other numbers or information that can be used to access a person's financial resources. 1 1. A persons first name or first initial and last name in combination with identifying information Confidential Information -Under Skate statute {N.C.G.S 132-1 ), the City of Monroe also has an obligation to secure and limit access to other information involving customers and employees. The following are identified as confidential information, although this is not a complete listing: 1. Communication with legal counsel 2. State and local tax information that contain information about a taxpayer's income or receipts except as provided in G.S. 153A-148.1 and G.S. 160A-208.1. 3. Public enterprise billing information {utility customer data) 4. Records of criminal investigations conducted by public law enforcement agencies 5. Emergency response plans 6. Economic development incentives Security Breach - A breach is considered to have taken place if any sensitive or confidential information is suspected to have been stolen, viewed, copied, or otherwise compromised by an unauthorized individual or if it is suspected that information has been lost and could be accessed by unauthorized individual(s). A breach of information can occur physically or virtually via technology. Access and use of sensitive or confidential information by an employee or agent of the City of Monroe for a legitimate purpose is not a security breach, provided that the sensitive or confidential information is not used for a purpose other than a lawful purpose and is not subject to further unauthorized disclosure. SECTION 5. Responsibilities of Departments 5.1 Each department will develop and maintain a standard procedure to provide staff with specific ~ guidance on the protection of sensitive and confidential information applicable to the department. Departmental procedures will supplement, but not supersede this policy or applicable laws. 5.2 Department heads are responsible for determining which employees are authorized to access and handle sensitive and confidential information and the department head must ensure that the authorized employees are trained to handle such information in accordance with this policy. 5.3 All employees who manage and work with sensitive and confidentia[ information are required to read and sign the Identity Theft Detection and Prevention Program User Agreement which will be maintained in the employees personnel file. SECTION 6. Managing, maintaining, and storing sensitive and confidential information 6.i Employees who have access to sensitive and confidential information are required to create, handle, maintain, and dispose of such information with prudent care in order to ensure proper security. Access to sensitive and confidential information will be limited and only provided in order for authorized employees to perform-essential tasks for City of Monroe business. 6.2 The following procedures should be followed while creating, handling, maintaining, storing, and disposing of sensitive information. 1. Enter information directly to a final destination (i.e. computer system) and refrain from documenting the information in other areas. 2. If sensitive information is written on paper for reference, shred immediately upon recording the information in the final destination. Regular City Council Meeting October 21, 2008 Page 22 3. Electronic payment data should be handled by authorized personnel and only the last 4 digits of the customer's credit or debit account number should be visible on reports. 4. Sensitive information should not be included on e-mails. 5. Sensitive information should not be included on printed reports except as needed for the performance of essential tasks. 6. Maintain documents that contain sensitive information in a secured location and limit access to the area. 7. If possible, utilize encryption to secure information in the database or storage system. 8. Do not leave a computer unattended if sensitive information could be accessed by unauthorized individuals. While away from the computer, log off or lock the workstation. 9. Do not store files with sensitive information on Iaptops or on flash drives unless the information and the device can be secured and not accessible to unauthorized individuals. 10. Take reasonable measures when destroying sensitive data that will prohibit the information from being read or reconstructed. Documents with sensitive data should be shredded by the individua! who has authorized access to the data or by another employee while in the presence of the authorized employee. The City of Monroe may enter into a written contract with a third party in the business of retard destruction to destroy sensitive information in a manner consistent with this policy. 6.3 In order to protect sensitive and confidential information, the City of Monroe will only release sensitive information to the account holder or individual(s) who own the information upon confirmation of personal identifying information or a valid picture ID. The confirmed account holder or individual may authorize the release of sensitive information to a third party. Confidential information will only be released in accordance with state statute. The only exception will be the release of specified information pursuant to a court order, warrant, subpoena or other requirement by law. SECT)CON 7. Identify Theft Risk `~ 7.1 The City of Monroe has a responsibility to define high risk areas for identity theft and identify potential threats for identity theft known under the Act as red flags. The red flags are indicators that sensitive information is being fraudulently used. This policy in combination with department specific guidelines should help to detect a potential for identify theft and unauthorized use of information. 7.2 The following are red Bags tha# have been identified as indicators that sensitive information is being used fraudulently. Red flags are most commonly associated with activity on customer accounts (utilities, taxes, vendors). Other red flags may exist that are unique to a department and /-~ should be included in departmental guidelines. F 1. The cus#omer or individual provides notice that they are a victim of identify theft 2. A consumer reporting agency or service provider has provided an alert, notification, or other warning 3. Unusual number of recent and significant inquiries 4. Unusual or significant change in recently established credit or financial relationships 5. Conflicting names on identification and other documentation 6. Documents provided appear to have been altered or forged 7. Picture identification is not consistent with the appearance of the individual presenting the identification or the physical description on the identification does not match 8. Shortly after establishing an account, there is a request to change a mailing address or to add authorized users to the account 9. Personal identifying information provided is not consistent with other external information sources Regular City Council Meeting October 21, 2008 Page 23 a. Social security number does not match or is listed on the Social Security Administration's death master file b. Address does not match or is fictitious, a mail drop, or prison c. The phone number is invalid or associated with a pager or answering service ' d. Authenticating information (i.e. PIN, password) provided is incorrect e. Name on credit card or check does not match name an account or names associated with the account 7.3 Upon identification of a red flag indicating a potential risk of identify theft; staff should notify their immediate supervisor in person or by telephone to determine the validity of the red flag. Once an identify theft risk is confirmed, staff should respond in accordance with the breach response plan (Section 8). SECTION 8. Preventing and Mitigating identity Theft ~°~, 8.1 Identify that has occurred. Physical Breach -The following are indications that there has been unauthorized access to sensitive and confidential information via a physical breach. Other activities may occur that are also physical breaches that are not included in the listing. l . Evidence of lack tampering on file cabinets or office doors 2. Evidence of unauthorized entry in an area where sensitive and confidential information is stored 3. Missing files or documents that contain sensitive information Technologzy Breach -The following are indications that there has been unauthorized access to sensitive and confidential information via a technology breach. Other activities may occur that are also technological breaches that are not included in the listing. 1. Unknown or unauthorized name in the computer logon window 2. Disconnected computer cables or power cables 3. Missing computer equipment (desktop, laptop) 4. Evidence that electronic files have been accessed by unknown or unauthorized individuals or are missing 5. Devices ar media attached to the computer that are not known or authorized 6. Unusual programs running, icons, or windows that appear that are not known and are not part of the normal work process 7. Any other suspicious activity which indicates an attempt to use technology without approval 8.2 Prevent and Mitigate In the event personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag. 1. Continue to monitor an account for evidence of Identity Theft 2. Contact Customer 3. Change any passwords or other security devices that permit access to accounts 4. Not open a new account 5. Close an existing account 6. Reopen an account with a new number 7. Notify the Privacy Committee for determination of the appropriate step (s) to take 8. Notify law enforcement if necessary 9. Determine that no response is warranted under the particular circumstances Regular City Council Mecling October 2i, 20D8 Page 24 8.3 Victim Record Request Under the FACT Act, identity theft victims are entitled to a copy of the application or other business transaction records relating to their identity theft free of charge. The City of Monroe must provide these records within 30 days or sooner of receipt of the victim's request. We must also provide these records to any law enforcement agency which the victim authorizes. Before providing the records to the victim, the utility must ask victims for: 1. .Proof of identity, which may be agovernment-issued ID card, the same type of information the identity thief used to open ar access the account, or the type of information the business is currently requesting from applicants or customers and 2. A police report and a completed affidavit, which may be either the FTC Identity Theft Affdav.it (included) or the business's own affidavit. t 8.4 IT Security The system administrator and IT Director will conduct audits on an annual basis using the Identity Thief Prevention Program Checklist for Information Technology. All IT professionals shall sign agreements to not disclose private information. Section 9. Frogram Updates This program will be periodically reviewed and updated to reflect changes in risks to customers, vendors, employees and the soundness of the City of Monroe from Identity Theft. At least every year, the Privacy Officer will consider the City of Monroe's experiences with Identity Theft situations, changes in Identity Theft methods, changes in Identity Theft detections and prevention methods, changes in types of accounts the City of Monroe maintains and changes in the City of Monroe's ~~ business arrangements with other entities. After considering these factors, the Privacy Offcer will determine whether changes to the Program, including the listing of .Red Flags, are warranted. The Privacy Committee will review all incidents of potential or actual security breaches and report findings and recommendation of changes to the City Council. Section 10. Specific Program Confidentiality For the effectiveness of Identity Theft prevention programs, the Red Flag Rule envisions a degree of confidentiality regarding the City of Monroe's specific practices relating to Identity Theft detection, prevention and mitigation. Therefore, under this program, knowledge of such specific practices are to be limited to the Privacy Committee and those employees who need to know them for purposes of preventing Identity Theft. Because this program is to be adapted by a public body and thus publicly available, it would be counterproductive to list these specific practices here. Therefore, only the program's general red flag detection, implementation and prevention practices are listed in this document. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Rcgufar City Council Meeting October 21, 2008 Page 25 Item No.._ 10. Acceptance of Assets and Receipt of Revenue from DMI to Downtown Monroe, City of Monroe. Downtown Director Brian Borne advised by memorandum that with the dissolution of DMI and downtown revitalization efforts placed within the City as a -- department designated as "Downtown," the following assets and revenues needed to be transferred to the City of Monroe: Kyocera-KM-1650 copier; 10' utility trailer; checking account balance of $1,92L27, per Citizens South Bank; and, miscellaneous office supplies and equipment, tents, tables and chairs. Mr. Borne advised that revenues received could be used to cover the cost of a final audit by Potter & Company to close out the DMI Citizens South account. Staff recommended approval for the City to accept assets and receive revenues as stated above from DMI. Mayor Pro Tem Bazemore moved to accept assets and receive revenues from DMI which include a Kyocera-KM-1650 copier, a 10' utility trailer, checking account balance of $1,921.27 per Citizens South Bank, and miscellaneous office supplies and equipment, tents, tables and chairs. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None REGULAR AGENDA Item No. ll. Intent to Close the At-Grade Railroad Crossing at Normand Street ~ ,.--- ~Continued frnrrr September .16, .2008 City Council Meeting). A. Public Hearin. Mayor Kilgare opened the duly advertised continued public hearing. Engineering Director Loyd advised by memorandum that at the public hearing on September 16, two residents were present and spoke in opposition of the closure. Pursuant to their comments, and since CSX Transportation representatives who initiated the request were not present, this matter was continued. In addition, members of the community were invited to attend the Transportation Committee meeting to address concerns for this matter. Mr. Loyd reported that at the Transportation Committee Meeting, staff was requested, along with John Dillard, Director of State Government Affairs for CSX Transportation, to have a neighborhood meeting with the area residents and businesses to discuss the proposed crossing closing. The meeting is to be held in October/November with staff reporting their findings to the Transportation Committee at their meeting on December 1, 2008. Based on this information, staff requested that Council continue the public hearing until December 2, 2008 at 6:30 p.m. to consider the permanent closing of the at-grade railroad crossing at Normand Street. B. Action -- Motion to Continue Public Hearing until December 2, 2008. Council Member - Smith made a motion to continue this public hearing until December 2, 2008 to allow staff along Regular City Council Meeting October 21, 2008 Page 26 with John Dillard, Director of State Government Affairs for CSX Transportation, to have a neighborhood meeting with the area residents and businesses to discuss the proposed crossing and to have a representative from CSX Transportation present to answer questions. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro 'Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 12. CDBG Individual Development Accounts Grant Close Out. A. Public Hearin>?. Mayor Kilgore opened the duly advertised public hearing. Assistant Director of Planning and Building Standards Lisa Stiwinter stated that the City of Monroe, in partnership with Monroe-Union County Community Development Corporation, was awarded a 2004 CDBG Individual Development Accounts (IDA} grant in the amount of $40,000. Funding was provided by the North Carolina Department of Commerce, Division of Community Assistance. Ms. Stiwinter advised that IDAs are dedicated savings accounts used to cover a portion of the cost for homeownership far f rst-time homebuyers. The funds were used to assist 12 low to moderate income families with down payment assistance. Staff recommended that Council close out the CDBG Individual Development Accounts grant program as submitted. Ms. Isabelle Gillespie, Executive Director of Monroe-Union County CDC, shared an example of _ one case that exempIlfed the m>sslon of the CDC. She advtsed that the homes on Fairmont ~ Street were built in the mid 1990's and were sold at $65,000. Ms. Gillespie advised that one of the original Fairmont Street families sold their property to one of the families that went through the IDA program far $95,000. She stated that the mission of CDC was to assist low to moderate income families in bettering their quality of life. She stated that the IDA's specific purpose was to assist low to moderate families in accumulating wealth. Council Member Jordan stated that one of the components of the IDA program was that people were counseled throughout the process so that they understand that they are accountable for the portion of money that they are adding for the down payment assistance and they are expected to be good stewards of the money. Ms. Gillespie advised that families are required to attend monthly one-on-one sessions with a housing counselor in addition to attending 14 hours of financial literacy that works extensively with the families on credit, money management, and budgeting. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action -Close Out of CDBG Individual Develo meet Accounts Grant. Council Member Ashcraft moved to close out the CDBG Individual Development Accounts Grant. Council Member Nash seconded the motion, which passed unanimously with the following votes: Regular City Counci] Meeting Octnber 21, 20D8 Page 27 AYES: Council Members Ashcroft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore ~ NAYS: None Item No. )l3. CONNECT Presentation b Centraiina Council of Governments. Mr. Bill Duston of Centralina Council of Governments presented an overview of the CONNECT program. He advised that this was a regional vision process for the greater Charlotte bi-state region, encompassing 17 counties in North and South Carolina. Mr. Duston advised that this was the culmination of a two-year process that builds on the good work done in each of the region's communities. CONNECT uses regional collaboration to create a regional action around six core values already imbedded in public policy. Mr. Duston reviewed the six core values: sustainable, well-managed growth; increased collaboration among jurisdictions; strong, diverse economy; safe and healthy environment; high- quality educational opportunities; and, enhanced social equity. Council Member Nash moved to adopt Resolution R-2008-97: RESOLUTION TO ADOPT/ENDORSE/SUPPORT THE CONNECT REGIONAL VISION AND ACTION AGENDA R-2008-97 WHEREAS, the Greater Charlotte Bi-State Region includes 17 counties, 12 in North Carolina .~J and 5 in Sauth Carolina, with a population of 2.4 million which is expected to double by 2030; and WHEREAS, such major growth benefits economic development and job creation, the management of which is best conducted collaboratively in order to position the region for global competitiveness; and WHEREAS, such major growth also challenges air quality, water resources, transportation, utility infrastructure and land consumption, all of which are matters of regional concern; and WHEREAS, the Region has articulated an explicit desire to collaborate on issues of area wide impact; and WHEREAS, to proactively address growth and quality of life, Centralina and Catawba Regional Councils of Government and the Charlotte Regional Partnership have successfully initiated the CONNECT regional vision process for the Greater Charlotte Bi-state Region; and WHEREAS, the CONNECT Regional Vision and its prioritized Action Agenda represent the first consensus broad-based policy direction for this bi-State area, enabling future collaboration, widespread policy coordination and a stronger voice for consensus on regional interests; and WHEREAS, the City of Monroe agrees that it is both within its desire and in its best interest to support collaborative approaches to sustainable growth, healthy environment, strong economy, high- quality education, and enhanced social engagement; Regular City Council Meeting October 21, 2008 Page 28 NOW THEREFORE, BE IT RESOLVED, that the City of Monroe hereby adopts (endorseslsupports) the CONNECT Values, Vision, and Action Agenda as a guide for the future growth of the region, and agrees to consider the ValuesNision and associated policy options as a guide in their own decision-making about community growth; AND BE IT FURTHER RESOLVED that the City of Monroe pledges to undertake the following actions in support of CONNECT: 1. Participation: (a) Appoint a CONNECT Liaison to be the primary point of contact between the jurisdiction and the CONNECT team; (b) .Participate actively in appropriate cabinets, work groups, and other decision-making bodies as requested, and in the update of CONNECT action plans; (c) Participate actively in CONNECT workshops and educational offerings about growth and best practices, to enhance the level of public discussion. 2. Communication/Collaboration: (a) Share copies of plans, policies, initiatives, and successes with the Regional Clearinghouse (to be created); (b) Notify its neighbors of upcoming plan changes, border matters, major develppments, or other issues which may impact them, in a timely manner, through www.cogsconnect.org. 3. Engagement (a} Assess its current policies, programs, and decision directions in light of the CONNECT vision and values, to provide a baseline from which to work; ~.~ ~ (b) Adopt those aspects of the CONNECT Action Agenda that are locally appropriate, and engage with CONNECT staff and peer jurisdictions to collaboratively implement those Actions; {c} Provide letters of support for grant applications and other fund-raising efforts by the Councils of Government to implement CONNECT (d) Support development of stable funding sources, including both public and private commitments, to provide far CONNECT Action Agenda implementation and leveraging of grant funds; {e} Engage local media and citizens in discussions of how multiple community goals can be best achieved through regional collaboration. ~ Adopted this 21$` day of October, 2008. Council Member Jordan seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. X4. Request for Proposals for Development of Joffre Hotel Site. Assistant Director ~i of Planning and Building Standards Stiwinter stated that this was a request for proposals (RFP) for the old Joffre Hotel site. She stated that through the RFP, the City was seeking proposals for Regular City Council Meeting October 21, 2008 Page 29 the offer to purchase, design and construction of a mixed-use development project that might include commercial, residential and office uses. Ms. Stiwinter advised that the development site was located within the heart of downtown Monroe at the northwest quadrant of the intersection of Franklin Street and Main Street. The 4.5 acre City-owned site is currently being used as a parking lot. She advised that this was the former location of the 100-room Joffre Hotel, built in 1911 and demolished in 1996. Ms. Stiwinter advised that the development of this site was a key part of the implementation of the recently adopted Downtown Master Plan and the long-term vision for downtown Monroe. She stated that the City was anticipating that the development of this site would serve as a catalyst to jump start additional development or redevelopment within the downtown area. Ms. Stiwinter explained that the overall concept for this site was amixed-use. The design of the second floor of this site is critical and shall be predominately the focal point with the intent to provide a floor for underground parking. She advised that a contemporary architectural style design was encouraged while the materials, scale, proportions, rhythm of doors and windows, and height must be sensitive, compatible and within the context of downtown Monroe. Ms. Stiwinter stated that the future land use map for the Downtown Master Plan has identified the Old Joffre Hotel Site as a mixed use, which would allow for office, commercial and high- density residential. Ms. Stiwinter advised that the intent of the RFP is to allow the private sector to join in _ partnership with the City of Monroe m the development of the Old Joffre Hotel site. She advised that the purpose of advertising this RFP was to provide competition among professional development teams that would result in a higher quality of development. Ms. Stiwinter stated that the goal was to choose the best project and the most qualified development team. Staff proposed to advertise the RFP to local architects, engineers and developers within the southeast region in late October and early November. Proposals are due May 31, 2009. Once staff has received proposals, Council will evaluate and review all proposals creating a list of selected proposals that would then be subject to possible interviews and be required to give a brief presentation to Council. Ms. Stiwinter stated that once interviews and presentations have been completed, Council will select a project far development and development team in July 2009. She advised that the development team would then be required to submit a conditional district rezoning application and a preliminary site plan and elevation in August 2009. Ms. Stiwinter reviewed options for Council's consideration: Option #1 -Direct staff to move ahead to advertise the RFP to developers, architects and engineers across the southeast region; Option #2 -Ask the Facilities Committee to review and make recommendations regarding the RFP; or Option #3 -Ask the Downtown Advisory Board to review and make recommendations regarding the RFP. Staff requested input from Council with regard to the options to move forward with the RFP for the Joffre Hotel site. [2egular City Council Meeting October 21, 2008 Page 36 Council Member Jordan asked if a price had been placed on the property itself. Assistant City Manager Herron stated that a price had not been stipulated and the reason was that Council had made it known in the past to other developers that they could have it for as little as one dollar. Staff felt that this could be left open as part of the competition. He stated that if someone wanted to propose an outstanding development plan and offer a dollar, that could be considered. However, if they wanted to up the ante and offer mare money, that could be part of their proposal and part of Council's judging of the process. Council Member Jordan asked if there had been a price put on the property so that the developer would know the good will value of the site. Mr. Herron stated that he would have the figure available. Council Member Smith advised that the tax value several years ago was between $80,000 and $90,000. Council Member Jordan felt that a local appraiser would be able to give an estimate based on recent comparables without spending money to have the property appraised. Council Member Ashcraft felt strongly that the Downtown Advisory Board and the Facilities Committee should be included in the process because it would bring in mole support for the project. Assistant City Manager Herron asked if Council would like for the Downtown Advisory Board and the Facilities Committee to review the process before RFPs are mailed out or would Council prefer that staff begin the process and include them for information and input. He advised staff would proceed with the RFP and provide the Downtown Advisory Board and the Facilities Committee with an update at this point. Staff envisions as the deadline gets closer, they will ''~ seek Council's advice as to the process for review. He stated that this was Council's ultimate responsibility and decision. Mr. Herron advised that Council might wish to refer the matter to a committee or appoint a committee to review proposals. Staff would not ask Council to review all proposals. Council Member Ashcraft made a motion that staff proceed with advertising the request far proposals for Development of the Joffre Hotel Site, and that staff review the process with the Downtown Advisory Board and the Facilities Committee as proposals are received. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. i5. Anaointment of Va#in~ Delegate and Alternate Voting DelesSate for the 2008 National League of Cities Business Meeting. City Manager Meadows stated that each member municipality sending delegates to the National League of Cities Meeting was required to designate one voting delegate and one alternate voting delegate. Votes may be cast only by a designated voting delegate or alternate voting delegate. Staff requested that Council designate ~1 one voting delegate and one alternate voting delegate for the National League of Cities Annual ~- Business Meeting, Saturday, November 15, 2008 in Orlando, Florida. Regular City Council Meeting October 21, 2008 Page 31 A. Votin,~, Delegate. Mayor Pro Tem Bazemore moved to designate Mayor Kilgore as the voting delegate far the 2008 National League of Cities Annual Business Meeting. Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Alternate Voting, Delegate. Council Member Ashcroft moved to designate Mayor Pro Tem Bazemore as the alternate voting delegate for the 2008 National League of Cities Annual Business Meeting, Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 16. Recommendation of Appointments from Citizens Annointment Committee. Council Member Nash advised that the Citizens Appointment Committee met on October 20, 2008 to consider upcoming appointments and reappointments to various Boards and Commissions. Following the consideration of applications and discussion, unanimous action was taken to recommend appointments as follows: ~~ . A. Fireman Relief Board of Trustees -Eddie Gordon. Council Member Nash moved to reappoint Eddie Gordon to a full term on the Fireman Relief Fund Board of Trustees effective October 21, 2008. Mr. Gordon's term will expire on September 30, 2009. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Monroe Housing Authority -Fannie Young. Council Member Nash advised that Fannie Young's term would expire November 4, 2008. She requested that Mayor Kilgore reappoint Ms. Young to a full term on the Monroe Housing Authority. Mayor Kilgore appointed Ms. Young to a full term on the Monroe Housing Authority: CERTIFICATE OF REAPPOINTMENT OF COMMISSIONER OF THE MONROE HOUSING AUTHORITY WHEREAS, the City Council of the City of Monroe, North Carolina, held a duly authorized regular meeting on the 2l 5t day of October, 2008; .and, WHEREAS, at said meeting it was Hated that Fannie Young's term expired November 4, 2008. NOW, THEREFORE, pursuant to the provisions of the "Housing Authorities Law" of the State of North Carolina, and by virtue of my office as Mayor, I hereby reappoint Fannie Young to serve as Kegular City Council Meeting October 21, 2008 Page 32 Commissioner of the Monroe Housing Authority for a term beginning November 4, 2008, and ending November 4, 2013. i IN Wl'TNESS WHEREOF, I have hereunto signed my name as Mayor of the City of Monroe, North Carolina, and caused the official corporate seal of said City of Monroe to be attached hereunto, this the 21st day of October, 2008. Isl Bobby G. Kilgore, Mayor C. Monroe Tourism Development„Authority - Dev Desai. Council Member Nash moved to reappoint Dev Desai to a full term on the Monroe Tourism Development Authority effective October 21, 200$. Mr. Desai's term will expire on December 1, 2010. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None D. Monroe Tourism Develo ment Authori - Nanc Ste hen. Council Member Nash moved to reappoint Nancy Stephen to a full term on the Monroe Tourism Development Authority effective October 21, 2008. Ms. Stephen's term will expire on December 1, 2011. Council Member Smith seconded the motion, which passed unanimously with the following votes: ~~ AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore ~'-~ NAYS: None Item No. 17. Public Cornrnent Period. There were no speakers. Item No. 18. Other Business. A. Conceptual Design for Gateways to City. Council Member Ashcraft stated that the above item was approved on the Consent Agenda. He felt that this would be an opportunity for staff to develop some sort of conceptual plan that could be utilized on Rocky River Road, Highway 601, Highway 200 North, and possibly at each end of Franklin Street since these are the gateways to the City of Monroe. Assistant City Manager Herron stated that one item in the Rocky River Road Land Use Corridor was that all properties as developed would go through the conditional district process. He stated that this was a standard course of action with any new special district such as M.L. King Boulevard, Rocky River Road, or any other strategic area in the Land Development Plan. Mr. Herron stated that staff often gets asked what the new Land Development Plan for M.L. King Boulevard or Rocky River would do for design, conceptual planning, etc. He advised that staff had not gone that far and the reason is that staff did not have the expertise nor did Mr. Herron think that he could get the funds pushed through each time for each corridor. Mr. Herron stated that Council Member Ashcraft did bring up a good point and if staff was to look at one Regular City Council 3vleeting October 21, 2008 Page 33 conceptual design manual for entry corridors and it was a uniform plan that could be applied to all of them. If Council were interested in a conceptual design manual, Mr. Herron stated that he could put a request in this year's budget for one plan for all the corridors. Council Member Ashcraft stated that there was a conceptual idea for downtown Monroe. He asked how these key entrance ways could be tied in. Mr. Herron stated that the timing was good because at the next Land Development Committee meeting, staff would be presenting schedules for a corridor study far the bypass at the request of Council Member Jordan. Council Member Ashcraft made a motion that staff obtain cost estimates on what it would take to develop an overall conceptual design for the gateways to the City of Monroe. Mayor Pro Tem Bazemore seconded the motion, which passed unanimously with the following votes: ~_ AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. M.L. King, Jr. Boulevard. Council Member Nash asked for an update on this project. Assistant City Manager Herron stated that under NCDOT's official log, the project is underway. He reminded Council that this was a design build project. The contractor has chosen to do all the design work up front. He stated that this project was in the final stages of design because staff received the final notices from FEMA and the contractor had to get certified letters of map revisions through FEMA. Mr. Herron advised that NCDOT had hired consultants and they were working with the contractor to get the letters of map revision. Staff has submitted their documents. The County had documents to be executed as well, but they had concerns that the ~ properties were not in their jurisdiction. Staff, in working with Unian County and the FEMA consultant, was able to show that the properties were out of their jurisdiction therefore all those requirements were removed. C. Charles Street. Council Member Smith asked for a status update on Charles Street. Assistant City Manager Herron advised that Charles Street continued in the design process and that construction was not scheduled until 2013. D. NCDOT S endin Cutbacks. Council Member Smith stated that an article in the October 1, 200$ Charlotte-Observer reported that the NCDOT enacted 6% cuts in spending this week. He stated that the article advised that no highway construction projects had been delayed so far, but that the NCDOT did anticipate that reductions would eventually cause delays. He requested that staff follow-up with NCDOT Division Engineer Barry Moose to see what possible effect the cutbacks might have on the M.L. King. Jr. Boulevard project and also the Monroe Bypass. Mr. Herron advised that staff will contact Mr. Moose to obtain official answers; however, he did not feel this would affect M.L. King, Jr. Boulevard since the contract was let. E. Utili Poles on Charles Street and Sunset Drive. Mayor Kilgore asked for the status of the installation of the utility poles on Charles Street and Sunset Drive. He stated that it was his understanding that these utility poles were not going to be installed until the NCDOT installed a roundabout. Assistant City Manager Herron stated that there was an original plan to place the Regular City Council Meeting October 21, 2008 Page 34 poles but because the design far Charles Street has moved along to a point where NCDOT knows they are going to put the roundabout, they want to revise the right-ofrway and rather than putting the poles where the new roundabout would be, NCDOT wants to work with the City to ensure the poles are located outside the proposed roundabout right-of--way. Mr. Herron did not feel that this would take more than a couple more months. F, Alternative Trans ortation. Council Member Jordan stated that in January 2019, the debt service for the power agency financing would be paid off. In addition, he stated that the natural gas pipeline would also be coming into the City. He stated that he would like to see City staff begin working on a plan for 2020 whereby the City and the citizens can utilize alternative energy for transportation needs in the City through the use of natural gas. Council Member Jordan stated that he envisioned stations where people could use a swipe card, once they had received proper training. He would also like to see the City have an electric grid system and requested that staff begin working with homebuilders so that anyone interested in having electric cars at their homes would have the proper connections to do so. G. Funds for Eastern Les of Bynass. Council Member Smith reported that funds set aside for the eastern leg of the bypass was under siege to possibly be used to complete another section of I-485. He advised that if this topic was mentioned at the next MUMPO meeting, he would strongly oppose this recommendation because he felt the Turnpike Authority was going to need the money. Item No. 19, Closed Session Pursuant to N.C.G.S. 143_-318.11(a)(5) and N,C.G.S. 143- { 318.11(a)(3) -Pock vs. Kane and City of Monroe. Council Member Nash moved to go into ~ Closed Session pursuant to N.C.G.S. 143-31$.11(a){5} and N.C.G.S. 143-318.11(a){3} -Polk vs. Kane and City of Monroe. Council Member Ashcroft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcroft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Upon return from Closed Session and there being no further business, the Regular City Council Meeting of October 21, 2008 adjourned at $:40 p.m. Regular City Council Meeting pctober 21, 2008 Page 35