Loading...
07-16-2019 City Council Regular MeetingCITY OF MONROE CITY COUNCIL REGULAR MEETING 300 WEST CROWELL STREET MONROE, NORTH CAROLINA 28112 JULY 16, 2019 — 6:00 P.M. AGENDA www.monroenc.org RECOGNITIONS 1. Monroe Aquatics and Fitness Center Water Park Lifeguards and Members (W 2. Public Comment Period A. D.C. Duplessis 14 :1 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: Annexation Request and Related Public Hearing Calls for Property Containing 58.269 Acres Located Along Deese Road Between Concord Highway and Monroe Expressway A. Resolution Directing Clerk to Investigate Petition Received under G. S. §160A-31 B. Resolution Fixing Date of Public Hearing to be Held August 20, 2019 on Question of Annexation pursuant to G.S. § 160A-31 C. Call for Public Hearing to be Held August 20, 2019 to Consider Zoning Map Amendment Request to Rezone Property from Union County RA -40 to Conditional District "Kellerton Place" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established" 4. Budget Amendment for Police Department Donation from Advanced Driver Training Services, Inc. Charlotte -Monroe Executive Airport Apron Rehabilitation Project (Areas A, B and Half of C) A. Grant Application to North Carolina Department of Transportation B. Capital Project Budget Ordinance C. Award of Construction Contract to Blythe Brothers Asphalt, LLC D. Work Authorization with Talbert, Bright & Ellington, Inc. E. City Manager to Execute Documents City Council Regular Meeting July 16, 2019 Page 276 6. Charlotte -Monroe Executive Airport Layout Plan Update Project A. Grant Application to FAA/North Carolina Department of Transportation B. Capital Project Budget Ordinance C. Work Authorization with Talbert, Bright & Ellington, Inc. D. City Manager to Execute Documents 7. Conversion of Franklin Street and Jefferson Street from One -Way to Two -Way Traffic 8. Electric Facilities Relocation and Contribution -In -Aid A. Memorandum of Understanding with Goulston Technologies, Inc. B. City Manager to Execute Documents 9. Fire Department Airport Rescue Fire Fighting Apparatus A. Award of Contract to Oshkosh Airport Products, LLC B. City Manager to Execute Documents 10. Fire Station #4 Access Road to Charlotte -Monroe Executive Airport A. Award of Construction Contract to M.L. Winchester Grading, Inc. B. Award of Fencing/Gate Contract to American Fence and Supply Co. C. Capital Project Budget Ordinance D. City Manager to Execute Documents 11. Minutes and Reports A. Disbursement of City Council Discretionary Funds 1) Fiscal Year 2018-2019 for Council Member Franco McGee 2) Fiscal Year 2019-2020 a. Mayor Pro Tem Gary Anderson b. Council Member Surluta Anthony B. Financial Reports for June 2019 C. Minutes of Board of Adjustment Meeting of April 25, 2019 D. Minutes of Citizens Appointment Committee Meeting of March 4, 2019 E. Minutes of City Council Meetings of June 4, 2019 and June 11, 2019 F. Minutes of General Services Committee Meeting of May 23, 2019 G. Minutes of Historic District Commission Meetings of April 8, 2019 and May 13, 2019 H. Minutes of Monroe Tourism Development Authority Meeting of April 25, 2019 I. Minutes of Planning Board Meeting of May 8, 2019 (Draft) J. Minutes of Public Safety Committee Meeting of May 20, 2019 K. Summary of Contracts Awarded, Change Orders Approved and Settlement of Claims 12. Resolution Requesting North Carolina Department of Transportation to Modify Slogans at Optional "Welcome To" Signs Located on Lancaster Avenue and NC 200 North to Commemorate Central Academy Technology of Arts 2019 Division 2A State Wrestling Championship 13. Sale of Portion of City -Owned Real Property Located on Macedonia Church Road near Lake Monroe A. Resolution City Council Regular Meeting July 16, 2019 Page 277 11 B. Offer to Purchase Real Property 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. 14. Annexation and Zoning Map/Text Amendment Requests for 24.854 Acres Located along Waxhaw Highway and Skywatch Lane to be Rezoned from Union County RA -20 to Conditional District "Alexander Commons" A. Public Hearing B. Action — Tabled to August 20, 2019 City Council Regular Meeting 15. Future Sale and Disposal of City -Owned Property Located at 327 S. Hayne Street, 218 E. Franklin Street, 311 E. Jefferson Street and Joffre Hotel site at Intersection of N. Main Street and W. Franklin Street A. Public Hearing B. Action — Resolution Authorizing Property to be Held for Disposition 16. Zoning Map Amendment Request to Rezone Property Located at 3516 N. Rocky River Road from Residential -Single Family to General Business A. Public Hearing B. Action — Resolution Approving Land Development Plan Compliance C. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:106 titled "Official Zoning Map" 17. Union County Water and Wastewater Agreement Amendment A. Agreement Amendment B. Budget Amendment C. City Manager to Execute Documents 18. Water Treatment Plant Carbon System A. Sole Source Equipment Purchase B. City Manager to Execute Documents 19. Consideration of Rescinding Public Safety Committee Appointment of Donald Chatmon 20. City Code Amendment to Impose Term Limits on Chairs and Vice -Chairs of Boards, Committees and Commissions City Council Regular Meeting July 16, 2019 Page 278 A L+ 11 AN 21. Resolution to Confirm Direction to City Attorney to Pursue Civil Action and Retention of Outside Counsel to Pursue Case City Council Regular Meeting July 16, 2019 Page 279 CITY OF MONROE CITY COUNCIL REGULAR MEETING JULY 16, 2019 MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers located at 300 West Crowell Street in Monroe, North Carolina at 6:00 p.m. on July 16, 2019 with Mayor Bobby Kilgore presiding. Present: Mayor Bobby Kilgore, Mayor Pro Tem Gary Anderson, Council Member Surluta Anthony, Council Member Marion Holloway, Council Member Billy Jordan, Council Member Lynn Keziah, Council Member Franco McGee, City Manager E.L. Faison, City Attorney S. Mujeeb Shah -Khan and City Clerk Bridgette H. Robinson. Absent: None. Visitors: Belquis Hopkins, Pete Gruhot, Valerie Gruhot, Carol Briggs, D.C. Duplessis, Heidi Jacobi, Timothy Briggs, Justin Price, Christine Prince, Kersten Prince, Janie Lyon, Cody Honeycutt, Jacey Briggs, Bonnie Hoag, Lucal Paschal, Amy Paschal, David Paschal, Dan Shive, Denise Cureton, Lloyd Trimble, Beverly Stewart, Tanczos Family, Ron Reagan, Connie Reagan, Patrick Murphy, Fred Baber, Holly Highshaw, Hayden Highshaw, Paul Stokey, Susan Wood, Meredith Smith, Tiffany Wilson, Montressa Boulware, Debbie Blanton, Lakeisha Holley, Lisa Stiwinter, Keri Mendler, Russ Colbath, David Morton, Brian Borne, Peter Cevallos, Russ Colbath, Ashley Britt, Bruce Bounds, Davis Lucore, Jim Loyd, Pete Hovanec and others. Mayor Kilgore called the City Council Regular Meeting of July 16, 2019 to order at 6:00 p.m. A quorum was present. L RECOGNITIONS Item No. 1. Monroe Aquatics and Fitness Center Water Park Lifeguards and Members. Monroe Aquatics and Fitness Center (MAFC) Director Kathy Henderson advised that on June 26, 2019, MAFC member Lori McClellan was swimming at the Water Park and noticed a five-year- old boy near her in the water that appeared not to be moving. Mrs. Henderson advised that Ms. McClellan responded by immediately pulling the child to the deck and asking for help from the attending lifeguard. She advised that MAFC Lifeguard Kersten Prince positioned the child on the deck and assessed that he was unresponsive and began rescue breathing. Ms. Henderson advised that MAFC Lifeguards Jacey Briggs and Lucas Paschal arrived to assist. She advised that MAFC member and Medic Heidi Jacobi arrived and began CPR. After several chest compressions, Ms. City Council Regular Meeting July 16, 2019 Page 280 Henderson advised that the child regained consciousness and started breathing on his own and was then transported to the hospital where he was observed and later released. Council recognized Ms. Prince, Mr. Pascal, Ms. Briggs, Ms. McClellan and Ms. Jacobi for their heroic efforts in saving the life of the MAFC member. The Tanczos Family presented the Water Park employees and members with gifts expressing their gratitude and appreciation. Ms. Jacobi shared her personal testimony surrounding the incident. Item No. 2. Public Comment Period. A. D.C. Duplessis. Mr. D.C. Duplessis stated that he was one of the owners of Franklin Street Pharmacy. Mr. Duplessis expressed concern and frustration with the construction going on at E. Franklin Street. He stated that he understood how important and critical infrastructure was but as a business owner, the time taken for the project had greatly impacted his business and his patients. To help with these concerns, Mr. Duplessis suggested shortening the construction area to open up the avenues into the businesses or working on the project at night. Mayor Kilgore advised that the City Manager would look into this matter. (40-'e CONSENT AGENDA Written background information was provided in advance in the Council Agenda Packet for each item on the Consent Agenda. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 3. Annexation Request and Related Public Hearing Calls for Property Containing 58.269 Acres Located Along Deese Road Between Concord Highway and Monroe Expressway. A. Resolution Directing Clerk to Investigate Petition Received under G.S. 4160A-31. Planning and Development Director Lisa Stiwinter advised by memorandum that Barbara H. Lucas, Robert S. Brooks, Jr. and Mary Brooks Ellis were requesting annexation of 58.269 acres located along Deese Road (Tax Parcel #s: 09-177-030 90 and 09-177-029) in order to develop an 89 single-family residential lots and 137 townhomes. Ms. Stiwinter advised that this matter would be presented to the Planning Board on July 17, 2019. For timing and scheduling purposes, she advised that Staff was recommending that Council adopt a Resolution directing the Clerk to investigate the Petition received under G.S. §160A-31 and adopt a Resolution fixing the date of the public hearing to be held on August 20, 2019 on the question of the annexation pursuant to G.S. §160A-31. If this item is not moved forward at the City Council Regular Meeting July 16, 2019 Page 281 July 17, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the matter before Council on August 20, 2019. Council Member Anthony moved to adopt Resolution R-2019-43: RESOLUTION DUZECTING CLERK TO INVESTIGATE PETITION RECEIVED UNDER G.S. §160A-31 FOR 58.269 ACRES LOCATED ALONG DEESE ROAD BETWEEN CONCORD HIGHWAY AND MONROE EXPRESSWAY R-2019-43 WHEREAS, a petition requesting annexation of an area described in said petition was received on April 29, 2019 by the City Council; and ,► WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the City Council of the City of Monroe deems it advisable to proceed in response to this request for annexation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe that the City Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the City Council the result of the investigation. Adopted this 16th day of July, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Resolution Fixine Date of Public Hearine to be Held August 20. 2019 on Ouestion of Annexation pursuant to G.S. 4160A-31. Council Member Anthony moved to adopt Resolution R-2019-44: RESOLUTION FIXING DATE OF PUBLIC HEARING TO BE HELD AUGUST 20, 2019 ON QUESTION OF ANNEXATION PURSUANT TO G.S. §160A-31 FOR 58.269 ACRES LOCATED ALONG DEESE ROAD BETWEEN CONCORD HIGHWAY AND MONROE EXPRESSWAY R-2019-44 WHEREAS, a petition requesting annexation of the area described herein has been received; and WHEREAS, the City Council has by Resolution directed the City Clerk to investigate the sufficiency of the petition; and WHEREAS, certification by the City Clerk as to the sufficiency of the petition shall be made. City Council Regular Meeting July 16, 2019 Page 282 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe, North Carolina that: Section 1. A public hearing on the question of annexation of the area described herein will be held at the City Hall Council Chambers at 6:00 p.m. on August 20, 2019. Section 2. The area proposed for annexation is described on the attached map: ANNEXATION DESCRIPTION ANNEXATION LEGAL DESCRIPTION OF 58.269 ACRES THE PROPERTY OF BARBARA H. LUCAS, AND OF ROBERT BROOKS, JR. AND MARY ELLIS LOCATED AT NORTHWEST INTERSECTION OF DEESE ROAD AND THE US 74 BY-PASS AND BEING TAX PARCELS 09-177-029 AND 09-177-030 90 BEGINNING at an existing 1/2 -inch iron pipe having North Carolina State Plane coordinates in survey feet of North: 465,703.33; East: 1,539,175.15 (NAD 83/2011), and said POINT OF BEGINNING being located on the eastern line of now or formerly the Mitchell Barbee, Trustee of the Joan Barbee Irrevocable Trust Dated January 17, 2014 property recorded in Record Book 6219, Page 485 in the Union County Register of Deeds and on the existing City of Monroe City limits recorded in Record Book 1377, Page 1 in the Union County Register of Deeds: thence, with the existing city limits and with the said City Council Regular Meeting July 16, 2019 Page 283 Mitchell Barbee, Trustee property and with now or formerly the Mitchell Eugene Barbee and wife Kathleen Harrison Barbee property recorded in Record Book 1335, Page 129 in the Union County Register of Deeds N 2° 45' 52" E, 960.33 feet to a point; thence continuing with the existing city limits and the said Barbee property and with now or formerly the Ruth H. Helms, Heirs property recorded in Deed Book 74, Page 617 in the Union County Register of Deeds N 2° 6' 35" E, 757.46 feet to an existing 1/2 -inch iron pipe by a 24" Oak Tree, said iron pipe being a common corner with now or formerly the V. Clinton Cox and Colleen H. Cox Trustees of the Clinton and Colleen Cox Revocable Trust Agreement dated February 23, 2001 property recorded in Record Book 1555 Page 833 in the Union County Register of Deeds; thence continuing with the existing city limits and with the said V. Clinton Cox and Colleen H. Cox Trustees property N 64° 23' 00" E, 249.47 feet to an existing 1 -inch iron pipe, a common corner with the said Helms, Heirs property; thence continuing with the existing city limits and with said Helms, Heirs property N 63° 38' 15" E, 429.26 feet to a new 1/2 -inch iron rebar, the southernmost corner of now or formerly the NCDOT property recorded in Record Book 3041, Page 637 in the Union County Register of Deeds, a common corner and with now or formerly the NCDOT property recorded in Record Book 1805, Page 32 in the Union County Register of Deeds, said property being purchased in Fee Simple for the construction of the US 74 By -Pass (NCDOT Project No. 34533.5.TA1; R-3329 / R-2559);thence leaving the existing city limits of the City of Monroe and with the said NCDOT property and with now or formerly the NCDOT property recorded in Record Book 1546, Page 312 in the Union County Register of Deeds along western side of the US Highway 74 By -Pass the following four (4) calls: 1) with the curve to the right having a radius of 1,820.54 feet, an arc length of 21.26 feet and chord bearing and distance of S 50° 5753" E, 21.26 feet to a found NCDOT R/W disk; 2) S 41° 35' 14" E, 196.02 feet to a found NCDOT R/W disk; 3) S 47° 38'00" E, 885.77 feet to found NCDOT R/W disk; 4) S 47° 38' 35" E, 787.24 feet to an existing 1/2 -inch iron rebar on the northern side of Deese Road, SR 1622;thence, continuing the said NCDOT property and along the northern side of Deese Road the following six (6) City Council Regular Meeting July 16, 2019 Page 283 0 Iq calls: 1) S43142'29" W, 69.49 feet to anew 1/2 -inch iron rebar; 2) S 61 ° 4' 33" W, 188.88 feet to a found NCDOT R/W disk; 3) S 61'3'22" W, 256.10 feet to a found NCDOT R/W disk; 4) with a curve to the right having a radius of 1,384.49 feet, an arc length of 344.38 feet and chord bearing and distance of S 67° 59' 52" W, 343.49 feet to a found NCDOT R/W disk; 5) S 14° 59'00" E, 29.06 feet to a found NCDOT R/W disk; 6) S 14° 48'40" E, 30.01 feet to a set PK nail in the centerline of Deese Road, said PK nail being on the northern line of now or formerly Laura Dean H. Billingsley and husband Gus Billingsley property recorded in Deed Book 463, Page 235 in the Union County Register of Deeds; thence with the centerline of Deese Road and with the said Billingsley property the following two (2) calls: 1) S 76° 40'28" W, 199.44 feet to a set PK nail; 2) S 77° 4,35" W, 425.69 feet to a set PK nail, said nail being on the said existing city limits; thence with the existing city limits and the center of Deese Road S 77° 4'26" W, 737.04 feet to an existing PK nail; thence continuing with the existing city limits and leaving the centerline of Deese Road N 2° 50' 53" E, 30.03 feet to the POINT AND PLACE OF BEGINNING and containing 58.269 acres more or less and shown on an Annexation Plat titled the Robert S. Brooks, Jr. Property and the Barbara H. Lucas property as prepared by Eagle Engineering, Inc. (Russell L. Whitehurst, PLS) and dated April 22, 2019, last revised June 4, 2019. Said annexation plat is recorded in Plat Cabinet , File in the Union County Register of Deeds. Section 3. Notice of the public hearing shall be published in The Enquirer -Journal, a newspaper having general circulation in the City of Monroe, at least ten days prior to the date of the public hearing. Adopted this 16t' day of July, 2019. City Council Regular Meeting July 16, 2019 Page 284 Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Call for Public Hearing to be Held August 20, 2019 to Consider Zoning Map Amendment Request to Rezone Property from Union County RA -40 to Conditional District "Kellerton Place" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Man" and Section 156.98 titled "Conditional Districts Established." Planning and Development Director Lisa Stiwinter advised by memorandum that Staff had received a zoning map request and text amendment request to rezone the property located along Deese Road between Concord Highway and the Monroe Expressway from RA -40 (Union County) to Conditional District (CD) "Kellerton Place" in order to develop 89 single family residential lots and 137 townhomes. Ms. Stiwinter advised that these requests were scheduled to be presented to the Planning Board on July 17, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on August 20, 2019 to consider these requests. If these items do not move forward at the July 17, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the requests before Council on August 20, 2019. Council Member Anthony moved to call for a public hearing to be held on August 20, 2019 at 6:00 p.m. to consider these requests. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 4. Budget Amendment for Police Department Donation from Advanced Driver Training Services, Inc. Police Chief Bryan Gilliard advised by memorandum that the Police Department had received a $250 donation from Advanced Driver Training Services, Inc. (ADTS) for the use of the Police Department's traffic cones. Mr. Gilliard advised that the funds are to be used for the Monroe Police Explorer Program. Mr. Gilliard advised that Staff presented this matter to the General Services Committee on June 20, 2019; however, due to lack of a quorum, the General Services Committee Chairman approved moving this item to the Consent section of the July 19, 2019 City Council Regular Meeting Agenda. Therefore, he advised that it was the recommendation of Staff that that Council adopt a 4 Budget Amendment appropriating and designating the funds to the Monroe Explorer Program. Council Member Anthony moved to adopt Budget Amendment BA -2019-17: City Council Regular Meeting July 16, 2019 Page 285 BUDGET AMENDMENT BA -2019-17 1. Amendment necessary to designate and appropriate funds received from Advanced Driver Training Services, Inc. for the Monroe Explorer Program. General Fund: Revenues: Miscellaneous $250 Expenditures: Public Safety $250 Adopted this 16th day of July, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 5. Charlotte -Monroe Executive Airport Apron Rehabilitation Proiect (Areas A. B and Half of Q. Airport Manager Peter Cevallos advised that the North Carolina Department of Transportation (NCDOT) had notified the City that State funds in the amount of $1,593,000 had been allocated for the Rehabilitation of Aprons A, B and C, South Half at the Charlotte -Monroe Executive Airport. Mr. Cevallos advised that this grant augmented the previously awarded grant of $1,292,044 for this same previously identified project to rehabilitate critical aircraft ramps on the Airport. He advised that these ramps were critical to aircraft operation and allowed the City to generate revenue by leasing the ramps' parking spots. Mr. Cevallos advised that NCDOT's State grant (designated Award ID #36244.24.6.2) would fund the construction phase of the project. He advised that the City wished to utilize $320,561 of designated fund balance identified for Airport grant acceptance to provide the required 10% matching funds for this state grant. Mr. Cevallos advised that the two following responsive bids were received on May 25, 2019 for the construction contract: Blythe Brothers Asphalt, LLC — $2,884,600; and, Red Clay Industries, Inc. — $3,278,857.50. He advised that the Airport Engineers, Talbert Bright & Ellington, Inc., had reviewed the bids and, based on the grant amount, recommended the construction contract be awarded to Blythe Brothers, LLC in the amount of $2,884,600. Mr. Cevallos advised that Staff presented this matter to the General Services Committee on June 20, 2019. He advised that due to lack of a quorum, the General Services Committee Chairman approved moving this item to the Consent section of the July 19, 2019 City Council Regular Meeting Agenda. City Council Regular Meeting July 16, 2019 Page 286 Mr. Cevallos advised that it was the recommendation of Staff that Council authorize Staff to submit a grant application to NCDOT to fund the construction phase of the Apron Rehabilitation Project (Areas A, B and Half of C) in the amount of $2,885,044, adopt a Capital Project Budget Ordinance accepting the NCDOT grants in the amount of $3,205,605 to fund the Apron Rehabilitation Project (Areas A, B and Half of C), award the Apron Rehabilitation Project (Areas A, B and Half of C) construction contract to Blythe Brothers Asphalt, LLC in the amount of valued at $2,884,600, approve a work authorization with Talbert, Bright & Ellington, Inc. in the amount of $315,296.03; and, authorize the City Manager to execute any and all necessary documents. A. Grant Application to North Carolina Department of Transportation. Council Member Anthony moved to authorize Staff to submit a grant application to the North Carolina Department of Transportation to fund the construction phase of the Apron Rehabilitation Project (Areas A, B and Half of C) in the amount of $2,885,044. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Capital Proiect Budget Ordinance. Council Member Anthony moved to adopt Capital Project Budget Ordinance BO -2019-11: CAPITAL PROJECT BUDGET ORDINANCE CHARLOTTE-MONROE EXECUTIVE AIRPORT APRON REHABILITATION PROJECT (AREAS A, B AND HALF OF C) BO -2019-11 WHEREAS, Talbert, Bright, & Ellington, Inc. is the engineer of record for the City of Monroe at the Charlotte -Monroe Executive Airport; and WHEREAS, the City desires to rehabilitate certain aircraft aprons on the Charlotte -Monroe Executive Airport; and WHEREAS, the North Carolina Department of Transportation notified the City that State funds in the amount of $ 2,885,044 have been allocated for the Apron Rehabilitation Project (Areas A, B and Half of C) at the Charlotte -Monroe Executive Airport. The City wishes to utilize $320,561 of designated fund balance identified for Airport grant acceptance to provide the required 10% matching funds for this state grant; and WHEREAS, the City wishes to authorize Blythe Brothers Asphalt, LLC from Charlotte the construction contract for $2,884,600 to rehabilitate the aprons; and WHEREAS, the City wishes to authorize Talbert, Bright, & Ellington, Inc. a construction administration contract for $315,296.03 to provide project management. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe applies these grant funds toward capital project AP 1703 for the construction phase of the Apron Rehabilitation Project: General Fund: City Council Regular Meeting July 16, 2019 Page 287 Revenue: Appropriation from Designated Fund Balance $320,561 Expense: Transfer to Airport Capital Project Fund $320,561 Airport Capital Project Fund: Revenue: Transfer from General Fund $320,561 Restricted Intergovernmental $2,885,044 Expense: Capital Project for Airport Layout Plan $3,205,605 Adopted this 161 day of July, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Award of Construction Contract to Blythe Brothers Asphalt, LLC. Council Member Anthony moved to award the Apron Rehabilitation Project (Areas A, B and Half of C) construction contract to Blythe Brothers Asphalt, LLC in the amount of $2,884,600. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None D. Work Authorization with Talbert, Bright & Ellington, Inc. Council Member Anthony moved to approve the work authorization for the Airport Apron Rehabilitation Project (Areas A, B and Half of C) with Talbert, Bright & Ellington, Inc. in the amount of $315,296.03. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None E. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the Airport Apron Rehabilitation Project (Areas A, B and Half of Q. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None City Council Regular Meeting July 16, 2019 Page 288 Item No. 6. Charlotte -Monroe Executive Airport Lavout Plan Update Proiect. Charlotte - Monroe Executive Airport Manager Peter Cevallos advised by memorandum that the North Carolina Department of Transportation had invited the City to submit a grant application for the Airport Layout Plan (ALP) Update Project at the Charlotte -Monroe Executive Airport. Mr. Cevallos advised that the ALP Update was a critical part of Airport planning and programing of projects. He advised that the ALP served as a critical planning tool that depicted both existing facilities and planned development for an airport. To meet FAA Grant Assurance requirements, Mr. Cevallos advised that the City must carry out its development plans and any designed improvement in accordance with this approved ALP (since NC is a block grant state, this approval authority is delegated to NCDOT). He advised that by definition, the ALP was a plan for an airport that showed: the established boundaries and proposed additions to all areas owned or controlled by the City for airport purposes; the location and nature of existing and proposed airport facilities and structures; and, the location on the airport of existing and proposed non -aviation areas and improvements thereon. Mr. Cevallos advised that Talbert, Bright & Ellington, Inc. had provided a work authorization, valued at $419,413.76, to conduct the services for this project. Mr. Cevallos advised that the funding source for this project would be FAA non -primary entitlement grant funds, which were annually allocated to the City. He advised that the City currently had $314,624 available in those allocated funds, which the state would provide the necessary additional funds for the project. Mr. Cevallos advised that the grant funds would pay for 90% of this project, with the remaining 10% of $46,601.53 being covered by the City's designated fund balance identified for Airport grant acceptance. Mr. Cevallos advised that Staff presented this matter to the General Services Committee on June 20, 2019; however, due to lack of a quorum, the General Services Committee Chairman approved moving this item to the Consent section of the July 16, 2019 City Council Regular Meeting Agenda. Mr. Cevallos advised that it was the recommendation of Staff that Council authorize Staff to submit a grant application to the FAA/NCDOT to fund this project, adopt a Capital Project Budget Ordinance accepting the FAA non -primary entitlement funds to fund this project, approve the work tr authorization in the amount of $419,413.76 with Talbert, Bright & Ellington, Inc. and authorize the City Manager to execute any and all necessary documents. A. Grant Application to FAA/North Carolina Department of Transportation. Council Member Anthony moved to authorize Staff to submit a grant application to the FAA/NCDOT to fund the Charlotte -Monroe Executive Airport Layout Plan Update Project. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None City Council Regular Meeting July 16, 2019 Page 289 B. Capital Proiect Budget Ordinance. Council Member Anthony moved to adopt Capital Project Budget Ordinance BO -2019-10: CAPITAL PROJECT BUDGET ORDINANCE CHARLOTTE-MONROE EXECUTIVE AIRPORT AIRPORT LAYOUT PLAN (ALP) UPDATE BO -2019-10 WHEREAS, the Talbert, Bright, & Ellington, Inc. is the engineer of record for the City of Monroe at the Charlotte -Monroe Executive Airport; and WHEREAS, the City desires to update the Charlotte -Monroe Executive Airport's existing Airport Layout Plan as a critical part of airport planning and programing of capital projects; and WHEREAS, the City utilize $419,414 from its identified annual allocation of FAA Non -Primary Entitlements fund the NC Department of Transportation helps manage to fund this project. The City wishes to utilize $46,602 of the City's designated fund balance identified for Airport grant acceptance to provide the required 10% matching funds for the grant; and WHEREAS, the City wishes to authorize Talbert, Bright, & Ellington, Inc. the Work Authorization in the amount of $419,414 to conduct the Airport Layout Plan Update. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe designates these grant funds and appropriates the matching funds and establishes a capital project for the Airport Layout Plan Update Project: General Fund: Revenue: Appropriation from Designated Fund Balance $46,602 Expense: Transfer to Airport Capital Project Fund $46,602 Airport Capital Project Fund: Revenue: Transfer from General Fund $46,602 Restricted Intergovernmental $372,812 Expense: Capital Project for Airport Layout Plan $419,414 Adopted this 16th day of July, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Work Authorization with Talbert, Bright & Ellington, Inc. Council Member Anthony moved to approve a work authorization with Talbert, Bright & Ellington, Inc. in the amount of City Council Regular Meeting July 16, 2019 Page 290 $419,413.76 for the Charlotte -Monroe Executive Airport Layout Plan Update Project. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None D. City Manner to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the Charlotte -Monroe Executive Airport Layout Plan Update Project. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 7. Conversion of Franklin Street and Jefferson Street from One -Way to Two -Way Traffic. Engineering Director Jim Loyd advised by memorandum that at the May 23, 2019 General Services Committee Meeting a recommendation from Council Member Lynn Keziah was discussed concerning the need to convert Franklin Street and Jefferson Street from one-way to two-way traffic. Mr. Loyd advised that justification cited for the conversion to two-way traffic included safety, commerce, improved utilization of buildings, maximizing on -street parking, increase tax revenues and traffic calming. He advised that the recommendation further stated that "many merchants, owners and tenants of properties on Franklin Street and Jefferson Street in 60.1 Downtown Monroe have respectfully requested that City Council of Monroe change the vehicle traffic flow and parking to accommodate two-way traffic, change to angle parking on one side of the street and parallel parking on the other, similar to the pattern on Main Street in Downtown Monroe." Mr. Loyd advised that discussion by the General Services Committee Members also identified the importance of the round -about connection (identified as a "peanut") due to its configuration proposed at the Jefferson Street and Franklin Street intersection located east of Downtown. Mr. Loyd advised that in 2008, the North Carolina Department of Transportation was supportive of the conversion but no funds were committed at the State or local level. He advised that the conversion would also be required to work its way through the Charlotte Regional Transportation Planning Organization (CRTPO) rating and funding process. Mr. Loyd advised that in 2014, Staff applied for TIGER grant funding for design and engineering plans but was unsuccessful. He advised that once design and engineering plans were complete in order to insure the conversion was brought to fruition, a funding mechanism for construction was necessary and in place to move forward. Mr. Loyd advised that the General Services Committee requested that this matter be brought forward to Council for further study. City Council Regular Meeting July 16, 2019 Page 291 Mr. Loyd advised that it was the recommendation of the General Services Committee and Staff that Council move forward with a study of the costs associated with the City moving ahead with the conversion of Franklin Street and Jefferson Street from one-way to two-way traffic. He advised that if approved, Staff would retain a consultant to update the Ramey -Kemp Traffic Study, review estimated costs for design and engineering plans and construction, possible funding options and provide a recommended path for bringing the conversion of Franklin Street and Jefferson Street from one-way traffic to two-way traffic through the NCDOT/CRTPO rating and funding process. Council Member Anthony moved to approve Staff moving forward with a study of the costs associated with the City moving ahead with the conversion of Franklin Street and Jefferson Street from one-way to two-way traffic. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 8. Electric Facilities Relocation and Contribution -In -Aid. Energy Services Interim Director David Lucore advised by memorandum that Goulston Technologies, Inc. had requested that the existing overhead high voltage power lines owned and operated by the City of Monroe and traversing Goultson's property located at 700 N. Johnson Street be converted to underground to allow for the construction of a pipe bridge on their property. Mr. Lucore advised that the City had produced a cost estimate of $147,222.27 for the conversion and, based on the Electric Service (4m., Policy, the customer was responsible to pay a contribution -in -aid of this amount or increase their electric load to allow the City to recover the expense of this conversion. Mr. Lucore advised that Staff presented this matter to the Public Enterprise Committee on June 18, 2019. Mr. Lucore advised that it was the recommendation of the Public Enterprise Committee that Council approve a Memorandum of Understanding between the City of Monroe and Goulston Technologies, Inc. which outlined the terms and contractual obligations of both parties and authorizes the City Manager to execute the Memorandum of Understanding. He advised that there were sufficient funds available in the current Budget for the City to perform this work. A. Memorandum of Understanding with Goulston Technologies, Inc. Council Member Anthony moved to approve the Memorandum of Understanding with Goulston Technologies, Inc.: MEMORANDUM OF UNDERSTANDING ELECTRIC FACILITIES RELOCATION — CONTRIBUTION -IN -AID This AGREEMENT entered into this 16tl' day of July, 2019 between the City of Monroe ("City") P.O. Box 69, Monroe, NC 28111 and Goulston Technologies, Inc. ("Customer") P.O. Box 5025, Monroe, NC 28111; WHEREAS, the Customer is desirous of the relocation of electric facilities from overhead to underground; and City Council Regular Meeting July 16, 2019 Page 292 WHEREAS, the City owns and operates a system for the sale of electricity pursuant to the authority of its Charter from the State of North Carolina; and WHEREAS, the City is willing to relocate the electric facilities at the Customer location in return for certain commitments by the Customer to the City. NOW, THEREFORE, in consideration of the mutual representations, covenants, benefits to be derived, and agreements contained herein and hereinafter set forth, the City and Customer agree as follows: 1. The City agrees to relocate the electric facilities per the design drawing and cost estimate of $147,222.27 dated 11/20/2018 at the following location: I. Parcel Number 09270035 70 700 N. Johnson St. Monroe, NC 28110 2. The provisions of this Contract and electric service are subject to present and future versions of The City of Monroe Fee Schedule Ordinance, The City of Monroe Electric Division General Rules and Regulations, other applicable regulations of the City, and all other duly constituted authorities having jurisdiction. 3. The City agrees to construct the electric facility relocation to allow the construction of the proposed Pipe Rack to be installed by the Customer. The City will bear the cost of the construction of the electric facilities based on a revenue payback period of eight (8) years. The Customer will be required to pay an initial, non-refundable contribution -in -aid payment of $18,402.78 prior to construction beginning and annual payments of the same amount for the remainder of the term of the agreement unless the provisions of Sections 4, 5, 6, 7, or 8 are met. 4. The Customer has indicated that they intend to increase their electric demand at the facility which could result in an increase in revenues to the City that would cover the cost of the project. The Customer has the option of increasing the electric demand at the facility by: • 17.6% from the current average demand of 785 kW to 923.7 kW at meter 700430900352 or; • 276.5% from the current average demand of 66 kW to 182 kW at meter 700430900478 (This includes moving from the Large General Rate to the Medium Power Rate). (, This increase is calculated as a one-time minimum increase that is maintained throughout the entire eight (8) year period. The City will review the electric demand(s) for the previous 12 months annually on the meters referenced in Section 4 on the date of execution of the agreement and if the electric demand at the meter(s) has increased by the total amount required in Section 4, then no further payments will be required from the Customer. If the electric demand has NOT increased by the required amount as stated in Section 4, the Customer will be required to pay a contribution -in -aid payment of $18,402.78 for that year. The payment will be required to be paid within 30 days upon receipt of an invoice by the City to the Customer. The City will provide a report of the electric demand for the previous 12 -month period. 6. If the Customer has increased electric demand at the facility by a percentage less than 100% of the total increase required in Section 4 at either one of the meters or a combination of demand increases at the two (2) meters, The City will apply that prorated percentage of the total demand increase City Council Regular Meeting July 16, 2019 Page 293 requirement as a percentage deduction to the contribution -in -aid payment for that year. Each year will be reviewed individually and the percentage calculated and applied to that year's payment. Should the electric demand decrease in any year, the Customer would be obligated to pay the full payment amount of $18,402.78 for that year. 7. If in any year of the term of the agreement the Customer's electric demand increases by an amount needed to fulfill the requirements of Section 4, then no annual payment will be required for that year. The cumulative sum of all electric demand increases during the term of the agreement will be used to determine that the total electric demand increase has been met. The electric demand increase(s) must be maintained for all subsequent years of the term of the agreement for the payment obligation to be met. The Customer will not be entitled to any refunds of any payments that have already been made. 8. If the Customer desires to terminate the contract at any time, they may do so by paying the total relocation cost or prorated relocation cost not recovered through contribution -in -aid payments or IL electric demand increases at the time of such termination. 9. The eight (8) year period for revenue analysis commences at the agreement date and ends at midnight on the last day seven (7) years from the commencement date. 10. Electric service will continue under The City of Monroe Fee Schedule Ordinance, The City of Monroe Electric Division General Rules and Regulations, other applicable regulations of the City, and all other duly constituted authorities having jurisdiction. 11. Choice of Law and Forum. This contract shall be deemed made in Union County, North Carolina. This contract shall be governed by and construed in accordance with the law of North Carolina. The exclusive forum and venue for all actions arising out of this contract shall be the appropriate division of the North Carolina General Court of Justice, in Union County. Such actions shall neither be commenced in or removed to federal court. This section shall not apply to subsequent actions to enforce a judgment entered in actions heard pursuant to this section. 12. Indemnification. To the maximum extent allowed by law, the Customer shall defend, indemnify, and save harmless the City of Monroe, its agents, officers, and employees, from and against all charges that arise in any manner from, in connection with, or out of this contract as a result of the negligent acts or omissions of the Customer or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable except for damage or injury caused by the negligence of the City its agents, officers, or employees. In performing its duties under this section, the Customer shall at its sole expense defend the City of Monroe, its agents, officers, and employees with legal counsel reasonably acceptable to City. As used in this subsection — "Charges" means claims, judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties, royalties, settlements, expenses, interest, reasonable attorney's fees, and amounts for alleged violations of sedimentation pollution, erosion control, pollution, or other environmental laws, regulations, ordinances, rules, or orders. Nothing in this section shall affect any warranties in favor of the City that are otherwise provided in or arise out of this contract. This section is in addition to and shall be construed separately from any other indemnification provisions that may be in this contract. This section shall remain in force despite termination of this contract (whether by expiration of the term or otherwise) and termination of the services of the Contract under this contract. 13. Waiver. No action or failure to act by the City shall constitute a waiver of any of its rights or remedies that arise out this contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. City Council Regular Meeting July 16, 2019 Page 294 14. Performance of Government Functions. Nothing contained in this contract shall be deemed or construed so as to in any way estop, limit, or impair the City from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions. 15. E -Verify Requirement. The Customer shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if the Customer utilizes a contractor or subcontractor, in connection with this contract, the Customer shall require the contractor or subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. 16. Severability. If any provision of this contract shall be unenforceable, the remainder of this contract shall be enforceable to the extent permitted by law. 17. Assignment, Successors and Assigns. Without the City's written consent, the Customer shall not assign (which includes to delegate) any of its rights (including the right to payment) or duties that arise out this contract. Unless the City otherwise agrees in writing, the Customer and all assigns CW shall be subject to all of the City's defenses and shall be liable for all of the Customer's duties that arise out of this contract and all of the City's claims that arise out of this contract. Without granting the Customer the right to assign, it is agreed that the duties of the Customer that arise out of this contract shall be binding upon it and its heirs, personal representatives, successors, and assigns. 18. Modifications, Entire Agreement. A modification of this contract is not valid unless signed by both parties and otherwise in accordance with requirements of law. Further, a modification is not enforceable against the City unless the City Manager or other duly authorized official signs it for the City. This contract contains the entire agreement between the parties pertaining to the subject matter of this contract. With respect to that subject matter, there are no promises, agreements, conditions, inducements, warranties, or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in this contract. IN WITNESS WHEREOF, the City of Monroe and the Customer have caused this contract to be executed under seal by their respective duly authorized agents or officers. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C B. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the Memorandum of Understanding for the Electric Facilities Relocation and Contribution -In -Aid. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 9. Fire Department Airport Rescue Fire Fighting Apparatus. Fire Chief Ron Fowler advised by memorandum that the Fiscal Year 2020 Budget allocated $850,000 for the purchase of one Airport Rescue Fire Fighting (ARFF) apparatus to replace a current apparatus. Mr. Fowler City Council Regular Meeting July 16, 2019 Page 295 advised that Staff recommended using the Houston -Galveston Area Council (H -GAC) procurement service for this purchase. Mr. Fowler advised that H -GAC buy was a "government -to -government" procurement service available nationwide. As a unit of local government assisting other local governments, he advised that H -GAC buy strived to make the governmental procurement process more efficient by establishing competitively priced contracts for goods and services. Mr. Fowler advised that all contracts available to members of H -GAC buy have been awarded by virtue of a public competitive procurement process compliant with state statutes. He advised that North Carolina General Statute 143-129(B)(lb) governed the ability of the City to take exception to formal bidding requirements. Mr. Fowler advised that the City was a member of the H -GAC and has used this service for other capital purchases in the past. Mr. Fowler advised that Staff had carefully evaluated the proposal submitted through H -GAC by Oshkosh. Based on this review, he advised that it was Staffs opinion that Oshkosh's specifications conformed substantially to the specifications as outlined by the City for this purchase. Mr. Fowler advised that the base price of the apparatus was $819,672. He advised that Staff recommended accepting a 90% prepay option, which resulted in a savings of $29,224.80 for a contract price of $790,447.20. Mr. Fowler advised that this price included a performance bond to protect the City's interest against a failure to meet the contracted agreement. Mr. Fowler advised that Staff presented this matter to General Services Committee on June 20, (40" 2019; however, due to lack of a quorum, the General Services Committee Chairman approved moving this item to the Consent section of the July 16, 2019 City Council Regular Meeting Agenda. Mr. Fowler advised that it was the recommendation of Staff that Council award the contract for one Airport Rescue Fire Fighting apparatus to Oshkosh Airport Products, LLC in the amount of $790,447.20 and authorize the City Manager to execute any and all necessary documents. A. Award of Contract to Oshkosh Airport Products, LLC. Council Member Anthony moved to award the contract for one Airport Rescue Fire Fighting apparatus to Oshkosh Airport Products, LLC in the amount of $790,447.20. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the contract for the Airport Rescue Fire Fighting Apparatus. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, City Council Regular Meeting July 16, 2019 Page 296 McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 10. Fire Station #4 Access Road to Charlotte -Monroe Executive Airport. Fire Chief Ron Fowler advised by memorandum that this was a request for an access road, fence and gate system at Fire Station #4 to the Charlotte -Monroe Executive Airport taxiway. Mr. Fowler advised that this road would improve emergency response in the event of an accident at the Airport. Mr. Fowler advised that Staff recommended funding in the amount of $132,455 for access road way construction, $21,950 for fence and gate construction and $4,999 for electrical service for a combined project cost of $159,405 be allocated for the project. He advised that Staff recommended using the funds remaining in the Fire Station #4 Building Project and in the Fiscal LYear 2019 capital account to cover the cost of the construction. Mr. Fowler advised that Staff had carefully evaluated the proposal submitted through M.L. Winchester Grading, Inc. and American Fence and Supply Co. after the completion of a formal bid process. Based on this review, he advised that it was Staff's opinion that the companies conformed substantially to the specifications as outlined by the City for this project. Mr. Fowler advised that Staff recommended the adoption of Capital Project Budget Ordinance BO -2019-09 to provide funding for this project. He advised that the funding was to be utilized from funds that were remaining in the original Fire Station #4 construction project account in the amount of $121,905 and the remainder, $37,500, from the Fire Department capital equipment account. Mr. Fowler advised that the Fire Station #4 construction account had money left over primarily due to investment earnings during the course of the construction period. He advised that the equipment account recognized excess funds as a result of savings from the purchase of self- contained breathing apparatus. Mr. Fowler advised that Staff presented this matter to General Services Committee on June 20, 2019; however, due to lack of a quorum, the General Services Committee Chairman approved moving this item to the Consent section of the July 16, 2019 City Council Regular Meeting Agenda. Mr. Fowler advised that it was the recommendation of Staff that Council award the construction contract for the access road to the Charlotte -Monroe Executive Airport to M.L. Winchester Grading, Inc. in the amount of $132,455, award the fencing/gate system contract to American Fence and Supply Co. for the access road to the Charlotte -Monroe Executive Airport in the amount of $21,950, adopt a capital project Budget Ordinance (BO -2019-09) to provide funding for this project and authorize the City Manager to execute any and all necessary documents. A. Award of Construction Contract to M.L. Winchester Grading, Inc. Council Member Anthony moved to award the construction contract for the access road to the Charlotte -Monroe Executive Airport to M.L. Winchester Grading, Inc. in the amount of $132,455. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, City Council Regular Meeting July 16, 2019 Page 297 McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Award of FencingjGate Contract to American Fence and Supply, Inc. Council Member Anthony moved to award the fencing/gate system contract to American Fence and Supply Co. for the access road to the Charlotte -Monroe Executive Airport in the amount of $21,950. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Capital Proiect Budeet Ordinance. Council Member Anthony moved to adopt Capital Project Budget Ordinance BO -2019-09: CAPITAL PROJECT BUDGET ORDINANCE FIRE STATION #4 AIRPORT ACCESS ROAD BO -2019-09 WHEREAS, an access road, fence and gate system from Fire Station #4 located on Old Charlotte Highway to the Charlotte -Monroe Executive Airport taxi way is needed in order to improve emergency response time.; and WHEREAS, bids have been received for the access road construction and Staff is recommending award of the bid to M.L. Winchester Grading, Inc. in the amount of $132,455; and WHEREAS, the City has also received quotes for fence and gate construction in the amount of $21,950 and electrical service work in the amount of $5,000. Total project costs total $159,405; and WHEREAS, funding is to be utilized from funds that are remaining in the original Fire Station #4 construction project account in the amount of $121,905 and the remainder, $37,500 from the Fire Department capital equipment account. The Fire Station #4 construction account had money left over primarily due to investment earnings during the course of the construction period. The equipment account recognized excess funds as a result of savings from the purchase of self-contained breathing apparatus. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe hereby creates a capital project for the Fire Station #4 airport access road and appropriates funding as follows: General Fund: Expense: Public Safety Capital Equipment ($37,500) Transfer to Capital Project Fund $37,500 General Capital Project Fund: Revenue: Transfer from General Fund $37,500 Investment Earnings Fire Station #4 $86,780 Expense: Capital Project Fire Station #4 $86,780 City Council Regular Meeting July 16, 2019 Page 298 (W 0 Capital Project Fire Station #4 ($121,905) Capital Project Airport Access Road $159,405 Adopted this 16t' day of July, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None D. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the contracts for the Fire Station #4 Access Road to Charlotte -Monroe Executive Airport. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 11. Minutes and Reports. A. Disbursement of City Council Discretionary Funds. 1) Fiscal Year 2018-2019 for Council Member Franco McGee. City Clerk Bridgette Robinson advised by memorandum that Staff had received a request from Council Member Franco McGee for disbursement of City Council Discretionary Funds to the Monroe High School Athletic Booster Club in the amount of $400. Disbursements for Council Member McGee follow: Date 07/07/2018 Recipient Discretionary Allocation Fiscal Year 2018-2019 Fiscal Impact Amount Balance $3,000 08/09/2018 Mirror Organization $150 $2,850 12/17/2018 Dr. Martin Luther King, Jr. Prayer Breakfast $25 $2,825 12/17/2018 Union County Dr. Martin Luther King, Jr. Organization $25 $2,800 12/21/2018 Parkwood High School Basketball Teams $190 $2,610 12/31/2018 Bridging the Gap Event $250 $2,360 01/09/2019 Grow Smart CLT $10 $2,350 04/12/2019 Benton Heights Elementary School of the Arts $269 $2,081 04/12/2019 Union County Alumnae Chapter — Delta Sigma Theta, Inc. $500 $1,581 05/03/2019 East Elementary School $250 $1,331 05/20/2019 Parkwood High School $500 $831 05/22/2019 Sorts to You $431 $400 05/29/2019 Monroe High School Athletic Booster Club $400 $0 As this item was for informational purposes only, no action was required from Council. City Council Regular Meeting July 16, 2019 Page 299 IM A 2) Fiscal Year 2019-2020. a. Mayor Pro Tem Gary Anderson. City Clerk Bridgette Robinson advised by memorandum that Staff had received requests from Mayor Pro Tem Gary Anderson for disbursement of City Council Discretionary Funds to Ground 40 in the amount of $500, Christian Family Care Home in the amount of $300 and Have a Heart Foundation of Union County in the amount of $100. Disbursements for Mayor Pro Tem Anderson follow: Date 07/01/2019 Recipient Discretionary Allocation Fiscal Year 2019-2020 Fiscal Impact Amount Balance $3,000 07/02/2019 Ground 40 $500 $2,500 07/08/2019 Christian Family Care Home $300 $2,200 07/08/2019 Have a Heart Foundation of Union Coun $100 $2,100 b. Council Member Surluta Anthony. City Clerk Bridgette Robinson advised by memorandum that Staff had received requests from Council Member Surluta Anthony for disbursement of City Council Discretionary Funds to the Rotary Club of Monroe in the amount of $1,000, Community Health Services of Union County, Inc. in the amount of $1,000 and the Monroe High School Athletic Foundation in the amount of $300. Disbursements for Council Member Anthony follow: Date 07/01/2019 Recipient Discretionary Allocation Fiscal Year 2019-2020 Fiscal Im act Amount Balance $3,000 07/02/2019 Rotary Club of Monroe $1,000 $2,000 07/02/2019 Community Health Services of Union County, Inc. $1,000 $1,000 07/02/2019 Monroe High School Athletic Foundation $300 $700 B. Financial Reports for June 2019. Financial Reports for June 2019 were received as information by Council. C. Minutes of Board of Adiustment Meeting of April 25, 2019. Minutes of the Board of Adjustment Meeting of April 25, 2019 were received as information by Council. D. Minutes of Citizens Appointment Committee Meeting of March 4, 2019. Minutes of the Citizens Appointment Committee Meeting of March 4, 2019 were received as information by Council. E. Minutes of City Council Meetings of June 4, 2019 and June 11, 2019. Council Member Anthony moved to approve the Minutes of the City Council Meetings of June 4, 2019 and June 11, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None City Council Regular Meeting July 16, 2019 Page 300 A 14 F. Minutes of General Services Committee Meeting of May 23, 2019. Minutes of the General Services Committee Meeting of May 23, 2019 were received as information by Council. G. Minutes of Historic District Commission Meetings of April 8, 2019 and May 13, 2019. Minutes of the Historic District Commission Meetings of April 8, 2019 and May 13, 2019 were received as information by Council. H. Minutes of Monroe Tourism Development Authority Meeting of April 25, 2019. Minutes of the Monroe Tourism Development Authority Meeting of April 25, 2019 were received as information by Council. I. Minutes of Planning Board Meeting of May 8, 2019 (Draft). Minutes of the Planning Board Meeting of May 8, 2019 (Draft) were received as information by Council. J. Minutes of Public Safety Committee Meeting of May 20, 2019. Minutes of the Public Safety Committee Meeting of May 20, 2019 were received as information by Council. K. Summary of Contracts Awarded, Change Orders Approved and Settlement of Claims. City Manager E.L. Faison reported by memorandum the award of contracts pursuant to Ordinance 0-2001-17, change orders approved pursuant to Resolution R-2000-76 and the settlement of claims pursuant to Ordinance 0-2018-50: Date Name Purpose Fiscal Im act Fund Amount 05/21/2019 Lynches River 2018 — 2019 Asphalt Paving Engineering $52,275 Contracting, Inc. Program Contract [CO #1] 05/21/2019 CBS Forklift Remove and replace failing Finance *$2,003 radiator on 2002 Yale Forklift 05/21/2019 Camp Dresser & Pinedell Avenue culvert Engineering $36,000 McKee replacement and road widening [CO #1] — additional design and construction drawings for water and sanitary system relocations 05/21/2019 Rebel Services, LLC Upgrade existing M3000 Fuel Airport $16,683 Mana ement System to M4000 05/21/2019 Dave Smith Tree Remove a dead tree in Hillcrest Engineering $7,000 Experts Cemetery and a tree at 600 S. Hayne Street that has been determined to be a public health nuisance 05/22/2019 LaBella Associates City -owned property Planning and *$4,000 (Winchester Neighborhood Development Overlay) Environmental Assessment to identify measures for mitigation and areas of concern for redevelopment City Council Regular Meeting July 16, 2019 Page 301 0 Date Name Purpose Fiscal Im act Fund Amount 05/23/2019 Clearwater, Inc. Replacement of the discharge Water *$4,591 flume flow transmitter Resources 05/29/2019 Aquatic Resources Replace feature drain covers at Parks and *$1,000 Group the Winchester Community Recreation Pool 05/30/2019 GMSTEK, LLC Fixed Base Operations Cloud- Airport *$2,565 Based Management System 05/30/2019 Custom Woodworks MAFC Second Child Care Parks and *$2,542 CO #1] Room (Tots) to include doors Recreation 05/30/2019 Union -Anson County Monroe Mission Collaboration Planning and *$4,100 Habitat for Humanity Volunteer Partnership Development 05/30/2019 Union -Anson County Monroe Mission Collaboration Planning and *$2,677 Habitat for Humanity Volunteer Partnership Development (Shepherd s Place) 05/30/2019 Union -Anson County Monroe Mission Collaboration Planning and *$3,938 Habitat for Humanity Volunteer Partnership Development 302 Alexander Street 05/30/2019 JA Seagraves Paving Repaint parking lines for both Parks and *$1,900 lots with new handicapped Recreation stencils and blue walking track lines at MAFC 05/30/2019 Union -Anson County Monroe Mission Collaboration Planning and *$1,700 Habitat for Humanity Volunteer Partnership Development 302 Alexander Street 05/30/2019 LaBella Associates, Provide professional Water $18,000 PC engineering design and Resources surveying services related to water main replacement projects 05/30/2019 Black & Veatch Provide engineering services for Water $16,316 evaluation of powdered Resources activated carbon (PAC) mixing at the John Glen WTP 06/04/2019 EWSG of NC, LLC Clean debris blanket floating on Water *$3,250 [CO #1] Stewart Creek Pump Station Resources wet well 06/04/2019 CivicPlus Replace Agenda Manager Administratio $9,223 Software n 06/04/2019 LaBella Associates Unspecified Environmental Site Planning and $5,000 [CO #11 Strategy for the Winchester Development Nei hborhood Overlay 06/05/2019 Camp Dresser & Hamilton Place Stormwater Engineering $38,000 McKee Control Measure Design 06/05/2019 Jones & Frank Retro fit refuelers and fueling Airport $53,209 tank skids to TCS 3000 Registers 06/06/2019 D H Griffin Demolition of structure at 307 Planning and $11,650 Wrecking Co., Inc. Kerr Street — Parcel No. 09- Development 226-028 City Council Regular Meeting July 16, 2019 Page 302 0 LM Date Name Purpose Fiscal Im act Fund Amount 06/06/2019 D H Griffin Demolition of structure at 213 Planning and $8,550 Wrecking Co., Inc. Kerr Street — Parcel No. 09- Development 226-029B 06/06/2019 Carolina Tree Care Provide tree cutting service Water *$4,999 around the lakes Resources 06/11/2019 Kraft Power Corp Emergency repairs to generators Parks and $2,371 [CO #1] at City buildings as needed Recreation 06/11/2019 Schneider Tree Care Tree work along the Bearskin Parks and $5,700 Creek Greenway at Union Recreation County Farmers Market 06/11/2019 Morris Trucking Residual hauling from the WTP Water $30,000 CO #3] Resources 06/12/2019 Bartlett Tree Experts Trim and raise canopies of 14 Facility *$2,940 Allee Elms in the Plaza Maintenance 06/12/2019 Bartlett Tree Experts Prune and remove dead limbs in Facility *$4,998 five oaks and one willow oak Maintenance tree at City Hall 06/12/2019 Union -Anson County Public Private Partnership — Planning and *$4,150 Habitat for Humanity ADA Accessible Sidewalk and Development Pads Installation 06/14/2019 HM Kern Monroe Science Center Downtown *$2,678 [CO #4] 06/14/2019 The Roberts COM's Liquefied Natural Gas Energy *$3,800 Company, Inc. Peak Shaving Plant Services [CO #6] 06/14/2019 American Design services for new Engineering *$2,030 Engineering sidewalk along Concord Associates Avenue [CO #2] 06/14/2019 Dennis Wheeler Build and install cabinets in Facility $5,930 Custom Woodworks DMI Office Maintenance 06/14/2019 Eagle Wood, Inc. Installation of stormwater Airport $4,522 [CO #1] measures at Hangar 6 06/14/2019 Lawrence On-call surveying service for Engineering *$4,000 P CO #1 stormwater projects 06/14/2019 Ideal Gas Test and adjust natural gas Energy $7,500 Measurement, Inc. meters Services 06/14/2019 Striping Concepts Pavement Re=Striping Contract Engineering $56,882 06/17/2019 Secure Turf, Inc. Debris removal due to Water $35,950 Hurricane Florence Resources 06/17/2019 Lawrence Provide engineering and survey Water *$1,800 services as needed Resources 06/18/2019 NetZoom End -User License Agreement MIS *$2,100 Web Service One Year Subscri tion 06/18/2019 Morrison Appraisal Property appraisals of Downtown *$4,500 327 S. Hayne Street, 218 E. Franklin, and 311 E. Jefferson Street City Council Regular Meeting July 16, 2019 Page 303 A A A Date Name Purpose Fiscal Im act Fund Amount 06/18/2019 Mark Matheny Provide services as it relates to Building $5,000 [CO #11 reviewing construction plans in Standards an effort to reduce plan check turn -around time as demand necessitates 06/18/2019 Dave Smith Tree Tree removal services Engineering *$1,000 Experts CO #1] 06/18/2019 Yaro Plumbing Plumbing repairs for MAFC as Parks and *$2,000 [CO #1] needed Recreation 06/19/2019 Wingate University Union County Industrial Economic $5,000 Analysis Update Development 06/21/2019 Dawn Development Two directional bores under Water *$4,500 [CO #1] Highway 74 at 4203 & 4209 Resources and install 2" HDPE approximately 110' each 06/25/2019 McCarter Electric Replace the power line and Water *$4,905 conduit traveling to the lagoon Resources pump station 06/25/2019 Unified Technology Purchase and installation of Parks and *$695 Services wireless microphone and Recreation transmitter at Old Armory Community Center 06/25/2019 Morrison Appraisal Appraise property located at Downtown *$1,250 718 N. Charlotte Avenue Parcel ID#09-229-024 06/25/2019 JM Cope Center Theatre Construction Downtown $37,430 [CO #4] 06/25/2019 D.H. Griffin Demolition at 301 Kerr Street — Planning and $15,350 Wrecking Co., Inc. Parcel #09-226-029 Development 06/25/2019 D.H. Griffin Demolition at 1610 Second Planning and $12,450 Wrecking Co., Inc. Street — Parcel #09-226-012D Development 06/25/2019 D.H. Griffin Demolition at 220 Kerr Street — Planning and $16,350 Wrecking Co., Inc. Parcel #09-226-012 Development 06/25/2019 D.H. Griffin Demolition at 307 Kerr Street Planning and *$4,750 Wrecking, Inc. (Removal of asbestos) Development CO #1 06/28/2019 Walker & Whiteside For Airfield NAVAIDS — Airport *$1,379 [CO #11 inspect and adjust the PAPI aimin ole *Approved by Department Director Total $605,081 The following is a settlement of claims through June 30, 2019: City Council Regular Meeting July 16, 2019 Page 304 Co7i 0 11 Date Claimant Claims Fiscal Impact Asserted Fund Amount 05/21/2018 Frontier Property Paid by NCLM-RMS* $1,016.51— Communications Damage City paid for repairs to fiber optic line cut by City crew while digging. 10/03/2018 City of Monroe Automobile Paid by NCLM-RMS* $3,716.40— Damage City paid for repairs to City police vehicle after police car was in pursuit and was hit by another vehicle. 01/07/2019 David Zurawski Property Paid by North $280.75— Damage Carolina League of City paid for repairs to Municipalities Risk water meter. Management Services (NCLM-RMS)* (Provides City's General Liability insurance coverage) 01/31/2019 Patrick Lucas Property Paid by NCLM-RMS* $3,002.00— Damage City paid for repairs to concrete driveway caused by City contractor's work clearing tree limbs. 04/26/2019 Harley Connor Property Paid by NCLM-RMS* $1,325.09— Damage City paid for vehicle repairs caused by City employees cutting grass in median and hitting a patch of asphalt left from pothole repairs. Asphalt piece travelled and hit vehicle. 04/26/2019 Kelly Carelock Property Paid by NCLM-RMS* $328-75— Damage City employee used a backhoe to help a contractor remove a fallen tree from a vehicle. Employee's efforts led to a broken windshield. This item was for informational purposes only; therefore, no action was required from Council. Item No. 12. Resolution Reauestine North Carolina Department of Transportation to Modify Slogans at Optional "Welcome To" Sians Located on Lancaster Avenue and NC 200 North to Commemorate Central Academv Technologv of Arts 2019 Division 2A State Wrestliny- Championship. Engineering Director Jim Loyd advised by memorandum that Staff had received a request from Central Academy of Technology and Arts (CATA) to have a sign installed on Lancaster Avenue near NC 200 to commemorate CATA's 2019 Division 2A State City Council Regular Meeting July 16, 2019 Page 305 Wrestling Championship. Mr. Loyd advised that currently, a sign was in place commemorating the CATA's 2011 Women's Soccer Team on Lancaster Avenue. He advised that the suggested wording for the sign followed: CENTRAL ACADEMY 2019 DIVISION 2A STATE WRESTLING CHAMPIONSHIP Mr. Loyd advised that the practice of recognizing the accomplishments of sports teams for the local high schools started in 2010 with signs placed at the corporate limits to recognize the Monroe High School Men's 2010 Basketball Team. He advised that recognition/slogan signs were placed in conjunction with the optional "Welcome To" signs placed at entry points into Monroe. (► Mr. Loyd advised that in 2012, signs recognizing the basketball team were removed and replaced by signs commemorating MHS' 2012 Women's Track Team and CATA's 2011 Women's Soccer Team. He advised that the signs were placed at six entry points into the corporate limits, equally recognizing both teams. Mr. Loyd advised that in 2015, signs for the MHS' Women's Track Team and the CATA's Women's Soccer Team were removed on US 74 West and US 74 East to commemorate MHS' 2015 Football Team. He advised that current signage locations and teams recognized followed: SCHOOL Central Academy 2011 Women's Soccer LOCATION COMMENT US 601 North Missing due to Bypass Construction Monroe High 2012 Women's Track US 601 South Monroe High 2012 Women's Track NC 200 North Central Academy 2011 Women's Soccer Lancaster Avenue Monroe High 2015 Men's Football US 74 East Monroe High 2015 Men's Football US 74 West Mr. Loyd advised that the above -identified roadways were under the jurisdiction of the North Carolina Department of Transportation (NCDOT). He advised that the NCDOT's Standard Practice for Optional "Welcome To" Signs Policy (W-17) stipulated that signs with slogans were limited to two slogans with a maximum of three lines of copy. Due to these requirements, Mr. Loyd advised that the signs were limited to recognizing one team per location. He advised that dated sign messages in accordance with NCDOT's Policy W-17 have a three-year life. Mr. Loyd advised that Staff was recommending that the entry signs recognizing the wrestling team be placed on Lancaster Avenue and NC 200 North and that future slogan signs for the sports teams be rotated based on three groups of entry roadways into Monroe: US 601 North and US 601 South; US 74 East and US 74 West; and, NC 200 North and Lancaster Avenue. Mr. Loyd advised that with the next local school championship, the signage on US 601 North and US 601 South would be updated and then US 74 East and US 74 West would follow and so on in sequence. He advised that these groups of roadways were considered major entry points into Monroe and this process would enable the signs to be updated recognizing future sport City Council Regular Meeting July 16, 2019 Page 306 achievements and meet the spirit of the NCDOT requirement for dated slogans to have a three- year life. Mr. Loyd advised that a policy would be brought forward at a future date for consideration by the General Services Committee and then Council regarding the suggested rotation. Mr. Loyd advised that a Resolution of approval would be required from Council for placement of the signs on NC 200 North and Lancaster Avenue. If approved, Mr. Loyd advised that Staff would coordinate the sign installation directly with the NCDOT and would work with them to replace the welcome sign and slogan sign on US 601 North removed due to the Monroe Expressway construction. Mr. Loyd advised that Staff presented the request to modify the sign to recognize CATA at the General Services Committee Meeting on June 20, 2019; however, the Committee did not have a quorum. He advised that the General Services Committee Chairman and City Manager Larry Faison authorized Staff to bring the matter to Council without a Committee recommendation. Mr. Loyd advised that it was the recommendation of Staff that Council adopt a Resolution requesting the installation of signs on Lancaster Avenue and NC 200 North to commemorate CATA's 2019 Division 2A State Wrestling Championship. Council Member Anthony moved to adopt Resolution R-2019-34: RESOLUTION REQUESTING NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MODIFY SLOGANS AT OPTIONAL "WELCOME TO" SIGNS LOCATED ON LANCASTER AVENUE AND NC 200 NORTH R-2019-34 WHEREAS, the Central Academy of Technology and Arts Wrestling Team won the 2019 Division 2A State Wrestling Championship; WHEREAS, the City of Monroe has received a request from Wrestling Coach Mike Jacobus and Principal Vickie R. Merritt, M. Ed. to recognize the Central Academy Wrestling Team and the request has been endorsed by the City's General Services Committee; tWHEREAS, in accordance with North Carolina Department of Transportation (NCDOT) Policy W-17 Standard Practice for Optional "Welcome To" Signs, all costs associated with administration, designing, fabricating, erecting, inspection and maintaining any approved optional "Welcome To" signs will be the responsibility of the requesting party or others; WHEREAS, the optional "Welcome To" signs may include a maximum of two slogans not to exceed three lines of copy in total; WHEREAS, the City of Monroe and the City Council have a firm commitment to supporting our student athletes; WHEREAS, the City of Monroe currently has signs at six entry points into the corporate limits supporting various sports teams for the local schools; City Council Regular Meeting July 16, 2019 Page 307 WHEREAS, one sign each, one for the Monroe High Track Team and one for the Central Academy Soccer Team is proposed to be removed at the entry points into the Monroe corporate limits on Lancaster Avenue and NC 200 North and replaced by signs recognizing the Central Academy 2019 Division 2A State Wrestling Championship. NOW, THEREFORE, BE IT RESOLVED that the City Council of Monroe formally requests the NCDOT to allow the removal of the existing signs on Lancaster Avenue and NC 200 North and replacement with signs commemorating the Central Academy 2019 Division 2A State Wrestling Championship in their place. Adopted this 161 day of July, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 13. Sale of Portion of City -Owned Real Property Located on Macedonia Church Road near Lake Monroe. Water Resources Director Russ Colbath advised by memorandum that Staff was approached by a right-of-way agent working for the North Carolina Department of Transportation (NCDOT) concerning the need to acquire approximately 0. 115 acres from the City for the purpose of making bridge improvements on Macedonia Church Road near Lake Monroe. Mr. Colbath advised that the parcel contained 184+ acres. He advised that selling the 0.115 acres to NCDOT would not impact Lake Monroe or the City's water supply. Mr. Colbath advised that NCDOT had provided an Offer to Purchase Real Property for the 0.115 acres in fee simple. He advised that the offer amount was $980. Mr. Colbath advised that Staff had confirmed with the Union County Planning Department that a formal subdivision was not required for this transaction. Mr. Colbath advised that North Carolina General Statute Section §160A-274 authorized a governmental unit to sell any interest in real property to another governmental unit upon approval by the governing body of each unit. Mr. Colbath advised that Staff presented this matter to the Public Enterprise Committee on July 16, 2019. Mr. Colbath advised that it was the recommendation of the Public Enterprise Committee and Staff that Council adopt a Resolution to sell a portion of real property out of parcel number 09-165-047 and approve the Offer to Purchase Real Property. A. Resolution. Council Member Anthony moved to adopt Resolution R-2019-45: RESOLUTION TO SELL A PORTION OF REAL PROPERTY OUT OF PARCEL NUMBER 09-165-047 LOCATED ON MACEDONIA CHURCH ROAD NEAR LAKE MONROE City Council Regular Meeting July 16, 2019 Page 308 R-2019-45 WHEREAS, the North Carolina Department of Transportation (NCDOT) has identified the need to acquire a portion of real property containing approximately 0. 115 acres, and being further identified as a portion of Tax Parcel No. 09-165-047, owned by the City of Monroe, for the purpose of making bridge improvements on Macedonia Church Road near Lake Monroe; and WHEREAS, NCDOT has provided to the City an Offer to Purchase Real Property for the 0.115 acres in Fee Simple. The offer amount is $980; and WHEREAS, N.C.G.S. §160A-274 authorizes a governmental unit to sell any interest in real property to another governmental unit upon approval by the governing body of each unit; and WHEREAS, City Staff has confirmed with the Union County Planning Department that a formal subdivision is not required for this transaction; and �r WHEREAS, City Staff has confirmed that this land sale will not impact Lake Monroe or the City's water supply. NOW, THEREFORE, BE IT RESOLVED, that pursuant to N.C.G.S. § 160A-274, City Property containing 0.115 acres, identified as a portion of Tax Parcel No. 09-165-047, be sold to NCDOT as outlined in the Offer to Purchase Real Property. The Mayor, City Manager and City Staff are hereby authorized to take any and all action necessary to sell said property including the execution of all documents on behalf of the City to complete the transaction. Adopted this 161 day of July, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Offer to Purchase Real Property. Council Member Anthony moved to approve the Offer to Purchase Real Property with the North Carolina Department of Transportation for the sale of a portion of City -owned property (Tax Parcel 09-165-047) containing approximately 0. 115 acres located on Macedonia Church Road near Lake Monroe. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None REGULAR AGENDA City Council Regular Meeting July 16, 2019 Page 309 Item No. 14. Annexation and Zoning Man/Text Amendment Requests for 24.854 Acres Located along Waxhaw Highway and Skvwatch Lane to be Rezoned from Union County (, RA -20 to Conditional District "Alexander Commons." A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Planning and Development Director Lisa Stiwinter advised that this was an annexation request by Carolina Development Services, LLC for 24.854 acres located off of Waxhaw Highway and Skywatch Lane (Tax Parcel #: 09-321-002 E90). In addition to the annexation request, Ms. Stiwinter advised that the applicant was requesting a zoning map amendment and zoning text amendment to rezone this property from Union County Residential Low Density (RA -20) to Conditional District "Alexander Commons" in order to to develop 77 single-family residential lots. Ms. Stiwinter advised that these requests were previously presented to Council at the May 7, 2019 City Council Regular Meeting. She advised that the annexation was denied; therefore, the zoning map and text amendment was not voted on due to the lack of annexation approval. Ms. Stiwinter advised that the applicant had since requested to go back through the process and had made modifications to the project. Ms. Stiwinter advised that the site was a total of 24.854 acres. She advised that existing zoning (40.,e uses and districts were vacant/Union County Single Family Residential (RA -20) and B-2 and Single -Family Residential/Mixed-Use-Special Use (M -U -SU —City of Monroe) and RA -20. Ms. Stiwinter advised that the proposed subdivision would have 3.5 units per acre. She advised that the existing density in the surrounding area ranged from one unit per acre to five units per acre. Ms. Stiwinter advised that the lot sizes within the development would range from approximately 6,250 sq. ft. to 13,669 sq. ft. Ms. Stiwinter advised that the setbacks being proposed were 20 ft. for the front, five ft. for the side and 25 ft. for the rear. Ms. Stiwinter advised that the site consisted of three tracts of land. Ms. Stiwinter advised that tract 1 was proposed for annexation and rezoning for the single-family subdivision. She advised that tracts 2 and 3 were being proposed for annexation but would be rezoned at a future date. Ms. Stiwinter advised that the site proposed two accesses. She advised that there would be one off of Waxhaw Highway and one would be accessed through ML King, Jr. Boulevard and Skywatch Lane. Ms. Stiwinter advised that all of the streets within the development would meet the City of Monroe's street standards and would be maintained by the City. She advised that a Traffic Impact Study was not required for this project by the City of Monroe Engineering Department or the North Carolina Department of Transportation due to the number of lots and projected trip generation. Ms. Stiwinter advised that the transportation improvements for the project would be to construct a westbound left turn lane with the appropriate taper at the Waxhaw City Council Regular Meeting July 16, 2019 Page 310 Highway entrance. She advised that the development entrance must be at least 600 ft. from the intersection of Waxhaw Highway and New Town Road. Ms. Stiwinter advised that the developer was proposing to install five ft. sidewalks on both sides of the interior streets and an eight ft. sidewalk would be required along the Waxhaw Highway road frontage. Ms. Stiwinter advised that all single-family homes would have sodded front yards. She advised that the applicant was proposing for each lot to have at least one tree planted per front yard. Ms. Stiwinter advised that street trees would also be provided at a rate of three trees per 100 ft. throughout the development. She advised that proposed buffers included an eight ft. streetscape along Waxhaw Highway, 40 ft. perimeter at the front of the development, a 20 ft. perimeter to the project and 50 ft. along the stream in the rear of the property. Ms. Stiwinter advised that the proposed landscape buffer would include Evergreen trees on the west side of the project which would provide screening from the adjoining property owner to the subdivision. Ms. Stiwinter advised that the project was required to provide at least 12.5% open space for the total land area of the site which would equal 2.75 acres. She advised that the applicant was providing 31.7% or 6.98 acres of open space. Due to the limited size of the project, Ms. Stiwinter advised that the developer was not proposing any amenities for this project. Ms. Stiwinter advised that the applicant would be required to provide stormwater management to treat the stormwater runoff for the project. She advised that the stormwater would be evaluated and reviewed at the building permit stage of the process if this project was approved. Ms. Stiwinter advised that the proposed subdivision would be located within the Walter Bickett/Monroe Middle/High school attendance areas for the current school year. She noted that all three schools were below capacity at this time. Ms. Stiwinter advised that the exterior building materials for the proposed project would consist of brick, stone, and high-quality vinyl. She advised that the developer was proposing the front fagade to consist of at least 25% brick and/or stone materials while the sides and rear would be vinyl. Ms. Stiwinter advised that the minimum heated sq. ft. as proposed would be 1,600 sq. ft. She advised that the homes constructed on slab foundations would provide a minimum of four courses of brick veneer. Ms. Stiwinter advised that the single-family homes would be furnished with a two -car garage and a paved driveway that would accommodate at least two vehicles in addition to the garage. She advised that the garages would include carriage style hardware. Ms. Stiwinter advised that the Land Development Plan indicated this area as Suburban. She advised that the density for suburban residential was two to four units per acre. Ms. Stiwinter advised that the proposed development pattern of 3.5 units per acre at this location was consistent with the Land Development Plan and was a reasonable use for the property. Ms. Stiwinter advised that the proposed impact analysis stated that the proposed annexation of Alexander Commons was expected to have no immediate impact on the operating budget for the City. City Council Regular Meeting July 16, 2019 Page 311 With regard to public notification, Ms. Stiwinter advised that the applicant sent a notification letter to the property owners within 200 ft. of the subject property and held a neighborhood meeting on February 2019 to discuss the project. She advised that ten days prior to this public hearing, a rezoning notification sign was posted advertising the public hearing and an official rezoning notification letter was sent to the adjacent property owners located within 250 ft. Ms. Stiwinter advised that Staff presented this matter to the Planning Board on April 3, 2019. She advised that the Planning Board recommended approval with the following conditions of the developer: installation of an eight ft. wide sidewalk along Waxhaw Highway; elimination of townhomes; and, two -car garages furnished for all single-family homes. Ms. Stiwinter advised that the developer had complied with these conditions. Since the May 7, 2019 City Council Regular Meeting, Ms. Stiwinter advised that the developer had agreed to install the landscape buffer on the west side of the project that would consist of the Evergreen trees to screen the subdivision from the adjoining property owner. Council Member Anthony asked for the price range of the homes. Ms. Stiwinter deferred this question to the developer. Council Member Anthony asked what participation was received at the meeting from people who lived in close proximity. Ms. Stiwinter advised that there were additional meetings that took place after the May 7, 2019 City Council Regular Meeting. She stated that her understanding was that there was a request to provide two -car garages instead of one -car garages and also a request for the addition of a landscape buffer to the west side of the property. Ms. Stiwinter stated that she believed these sufficed some of the concerns but there might be additional concerns that she was unaware of. Council Member Anthony asked if the general consensus of the homeowners in close proximity were agreeing with approval of Alexander Commons. Ms. Stiwinter stated that she believed so but she would let the developer address this question. Mayor Kilgore asked how many responses were received from the letters that were sent out. Ms. Stiwinter stated that Staff did receive a couple of calls with questions; however, Staff had not heard any additional concerns. Council Member Anthony asked if the Planning Board and Planning Department recommended approval. Ms. Stiwinter confirmed yes. City Council Regular Meeting July 16, 2019 Page 312 Mr. Gary Berghtler stated that his family was the fourth ones to live in the Southwinds subdivision when the original development started. Mr. Berghtler stated that he had lived there throughout the time additional builders came in to build out their subdivision. He stated that he traveled to and from work various ways each and every day and saw the way Union County was exploding with new growth. Mr. Berghtler stated that one option that some of the neighbors had requested was having two -car garages instead of one -car garages to make the homes match the ones in Southwinds. He stated that the elevations shown in the pictures of the homes were very much like the mixed-use that was currently in the subdivision. In response to Council Member Anthony's request regarding pricing, Mr. Berghtler advised that he had been told that the housing would start at $190,000 which was slightly above the minimum where their housing fell at now and well above the homes purchased in 2004 with some more than that. In discussing the possibility of additional traffic on Skywatch Lane, Mr. Berghtler stated that the road was wide enough to accommodate the traffic and the two access points should not cause a problem. He advised that some people speaking tonight would express concerns with speeding; however, speedbumps had already been installed on the road because some residents did not know how to drive regardless in a subdivision. Mr. Berghtler felt that the extra access road off of Waxhaw Highway would benefit the entire (4aw, community because as it was now, there was one entrance off of M.L. King, Jr. Boulevard. He stated that this was for Police, Fire, rescue and emergency people. Mr. Berghtler felt that having the extra access into the back of the community would make this a safer place in the event of an emergency situation. Mr. Berghtler stated that he believed that the builder's proposal was positive. He stated that at some point and time, this lot would be developed with some sort of housing because Union County was growing so fast. Mr. Berghtler stated that from what he had seen so far, this development would be beneficial for their subdivision. Mr. Lloyd Trimble stated that he lived in the Southwinds subdivision. Mr. Trimble stated that Mr. Berghtler covered many of the items that their neighborhood had discussed. He stated that there would be people speaking in opposition of this development but he was speaking in favor. Mr. Trimble stated that this parcel had been vacant for the last 14 to 15 years and really looked like an unfinished section of the Southwinds subdivision. He stated that there were sewer taps that were four ft. high. Mr. Trimble stated that at one point, there were pine trees and a good bit of heavy vegetation where the children played, people rode dirt bikes in quads and people camped. He stated that was difficult for all of them because this parcel was not a part of the City of Monroe. Mr. Trimble stated that Southwinds was within the City limits and when they had to call the City Police to come out, they were advised that the City Police could not do anything because the property was not in the City limits. He advised that they then have to wait for a Union County Sheriff to arrive and by then, the people had scurried and disappeared. City Council Regular Meeting July 16, 2019 Page 313 Mr. Trimble stated that he did believe that having homes on this land would remove the negative impact that they saw every day of their neighborhood looking unfinished. He advised that the Southwinds' Homeowners' Association (HOA) did maintain the berm along Skywatch Lane which was a substantial distance and in not having to maintain this berm, it would allow the focus to be on some of the common space that adjoins Skywatch Lane. Mr. Trimble stated that one of the nice perks was that this community had a flat, open space proposed and the developer advised that they intended to mow that open space which would ultimately give the folks in Southwinds access to play in the open space as well. Mr. Trimble stated that the extra egress point onto Waxhaw Highway would be very nice as well. He stated that he worked in Downtown Monroe and to make a left-hand turn out of the Southwinds subdivision was dangerous and sometimes it took 15 to 20 minutes to get out of the development. Mr. Trimble stated that he knew that there was some concern with speeding on Sinclair Drive as a result of the new access. He stated that he was happy to see on the plans that they were not connecting Afton Court to the subdivision as this road currently was a dead end. Mr. Trimble believed that if they had connected Afton Court this would have created a fast thoroughfare that would have been very tempting to people. Mr. Trimble stated that he did feel that Sinclair stood some chance of having increased traffic but he stated that a speed study could be done at a later date to see if speed bumps needed to be added. He felt that this would be a reasonable request to the City. Mr. Trimble stated that the house sizes and the two -car garages and two -car driveways were items that would add value to their community and be in line with the existing homes. He stated that he was a realtor and recently sold a home in the neighborhood and the price per sq. ft. of that home was $128. He stated that the average in the Southwinds subdivision was about $95/sq. ft. Mr. Trimble stated that this was converse to 2011 when most everything in the neighborhood was selling for $30/sq. ft. He stated that they were very excited to see better pricing and to see homes that looked comparable or better than the ones that they had. Mr. Trimble stated that the lot sizes were significantly larger than the lots in Southwinds. He stated that they felt that this would add value to the City and would increase the tax base. Ms. Valerie Gruhot stated that she resided on Skywatch Lane and was speaking on behalf of several residents. Ms. Gruhot stated that the two previous speakers lived on Sinclair Drive which was the back road into the neighborhood. She stated that this was a family community that also had retirees. Ms. Gruhot stated that their part of the Southwinds community had 104 homes. She stated that there was one road in and out which was Skywatch Lane. Ms. Gruhot stated that they were very aware of anyone that was walking, playing, riding or driving through the neighborhood and they felt quite safe as it was a closed -in community. City Council Regular Meeting July 16, 2019 Page 314 Ms. Gruhot stated that they opposed the request for Alexander Commons to be annexed into the City as it seemed that this development was trying to blend into the Southwinds neighborhood. Ms. Gruhot stated that the roads that were going to be coming from Alexander Commons into the Southwinds development were not mentioned. She felt that Southwinds should remain a separate development/neighborhood. Ms. Gruhot stated that there were 104 homes that used Skywatch Lane to gain access to M.L. King, Jr. Boulevard. She stated that if those roads that were coming into Skywatch Lane were going to be opened up, this would create additional traffic that would be headed to Highway 84 to get to Charlotte and go other directions to get to Waxhaw and Monroe. Ms. Gruhot stated that the increased flow of traffic was disturbing. She stated that with the addition of 77 new homes, this would create a 43% increase in traffic trying to get out one road on Skywatch Lane. Ms. Gruhot stated that they were also very concerned that the traffic coming from the one entrance into Alexander Commons from Highway 75 would be using the road as a cut through to get to M.L. King, Jr. Boulevard. Ms. Gruhot reiterated her comment that the neighborhoods should remain separate. Ms. Denise Cureton stated that she agreed with the concerns shared by Ms. Gruhot. Ms. Cureton stated that the subdivisions that were around Southwinds had one way in and out. She stated that the proposed subdivision could have one way in and out without cutting through the Southwinds subdivision. Ms. Cureton stated that their development had small children that rode bikes in the neighborhood. She felt that it would be advantageous to Southwinds to not have two or three streets open that would feed into Skywatch to get onto M.L. King, Jr. Boulevard. Mr. Wellington Brown stated that he lived in the Southwinds subdivision and had children. Mr. Brown stated that the people who spoke in favor of the development did not have children. He stated that the developer hired a contractor that cut the pine trees on the property. Mr. Brown stated that his home was hit by the wood chips generated from the worksite and put holes in the siding on his home. He stated that the contractor had repaired one area but left the other areas unrepaired. Mr. Brown stated that he wanted Council to hold people responsible who come to a development and damages other peoples' property. Mr. Brown stated that while he did not know the process, he did want his voice to be heard and stated that if the development was approved, the developer should be responsible for any damages caused by a project. He stated that he was requesting that the damage to his home be repaired. Mr. Brown stated that he was opposed to the cut through and, if Council approved the development, that speed bumps be installed to help protect the children. Mr. Berghtler stated that there were 104 homes in Southwinds but most of the density was on Sinclair Drive and Kevinshire Court at the end because the side of Southwinds where the City Council Regular Meeting July 16, 2019 Page 315 development was being proposed was an open field. He stated that there were not 104 cars going out Skywatch Lane. Mr. Berghtler stated that the majority of the cars went down Sinclair Drive. Mr. Henry Browning stated that the developer had proposed a barrier between his property and the development. Mr. Browning stated that the developer came out and they talked about the barrier. He stated that between his property line and the rim of the ditch that the developer placed there, it was probably ten ft. at the most. Mr. Browning stated that he asked the developer if he would put the barrier on the other side and leave the ditch like it was. He stated that the ditch was a natural barrier containing briars and honeysuckles. Mr. Browning stated that if the developer planted on his side, the briars and honeysuckles would take that area over in two years. Mr. Browning stated that the ditch was not originally there. He stated that the water came under Waxhaw Highway and there used to be a pond where Southwinds was located. Mr. Browning stated that when the Southwinds subdivision was developed, the hill beside his home was taken up and the water was rerouted. Mr. Browning stated that ditch was not on anyone's radar but it was going to be. He stated that the ditch was ten ft. deep and had grown up. Mr. Browning stated that if they would put the barrier on the other side to hide this from the homeowners, it would make him happier. He stated that he and the developer had discussed this already. Mr. Browning advised that this was a natural drain area that drained the north side of Waxhaw Highway. Mayor Kilgore asked what the developer told him when they discussed this. Mr. Browning stated that he sort of agreed to it and did not see a problem with it. He stated that the developer never did tell him yes or no. Mr. Browning stated that if the developer took the ditch out, the EPA would get involved in the matter. He stated that the ditch had been his contention all along because it was a natural barrier. Ms. Lakeisha Holley stated that she lived on Skywatch Lane which was right across the street from the proposed development. Ms. Holley stated that her biggest concern was exactly what everyone else stated. She advised that Mr. Berghtler and Mr. Trimble lived on the backside of the neighborhood and this development would not impact them. Ms. Holley stated that she had younger children who liked to ride bikes and go for walks. She stated that there were approximately 30 kids who played together and they all came to their end of the neighborhood because it was safer. Ms. Holley stated that she would hate to see something be developed and the children have nowhere to play. She stated that she understood that an open space was planned but questioned if these children would have somewhere safe to play. Ms. Mary Nash stated that there was not a traffic survey done for this project. Ms. Nash stated that she lived on Waxhaw Highway. She advised that her brother had a business at the intersection of Newtown Road and Waxhaw Highway. Ms. Nash stated that there was going to be another turn lane right above this location. She stated that there were accidents all the time at this location. She stated that the traffic was already atrocious. Ms. Nash stated that she did not know who said City Council Regular Meeting July 16, 2019 Page 316 that there would not be an impact on the traffic as there was definitely going to be an impact. She stated that if there was another entrance onto Waxhaw Highway, there would be a problem. Ms. Nash stated that the density of the development was also an issue. She stated that the area was R-20 and she did not know what the problem with R-20 was. Ms. Nash stated that while she knew R-20 did not make enough money for the developers but questioned why the zoning had to be changed. Ms. Nash stated that the City needed to look down the road at what was going to happen with so much development and the high density being allowed. Mr. Keith Finn with True Homes advised that he represented the developer for the property and project. Mr. Finn stated that as a reference point, they had been going through the process since March 2019. He stated that they had a neighborhood meeting and made presentations to the Planning Board and City Council. Mr. Finn stated that he was not sure why everyone showed up all of a sudden at this meeting to express concerns. Mr. Finn stated that they had been diligently trying to address everyone's issues and concerns. He stated that as presented by Planning Staff, they had conceded on every point and were trying to put a good product and solution on this parcel. Insofar as the entrance was concerned, Mr. Finn stated that if he could get away without building an entrance, he would. He stated that the entrance alone was going to cost a third of a million dollars. Mr. Finn stated that if he could get away with putting all the cars through the one entrance, he would do that. He advised that unfortunately, this was not a decision he could make and was more of a regulatory authority as far as the North Carolina Department of Transportation (NCDOT) was concerned. To mitigate the safety and traffic issues, Mr. Finn advised that NCDOT was requiring turn lanes. He advised that this was the reason that they had to build out and do the road widening. With regard to the intersection further down, Mr. Finn stated that this was not part of the scope and NCDOT was not requiring the developer to address this area. Mr. Finn stated that there would be added traffic but according to the thresholds that NCDOT set as a precedent which they did not set, it was not significant enough to address that intersection. He advised that unfortunately, there was not anything they could do about that specific point. With respect to the safety, Mr. Finn stated that he understood this concern. He stated that he had children and would be concerned if people drove through his neighborhood and did not have any regard to his kids. Mr. Finn stated that he was not sure how to address this concern other than saying there were already 104 homes in the area and if the kids are playing amongst those, he was not sure if there was going to be much of a difference in terms of the actual safety concerns. He stated that with the amount of traffic on any specific one given point, there would not be 77 cars driving in one shot. Mr. Finn stated that everyone had different schedules and lives. He stated that he understood the concern but was not sure what he could do to mitigate that. City Council Regular Meeting July 16, 2019 Page 317 IM 11 Regarding the vinyl siding damage, Mr. Finn stated that they had not hired anyone to do anything on that site. He stated that they had not touched that site and if someone saw contractors out there, he did not know who it was. Mr. Finn stated that he had heard from some existing homeowners that their HOA took it upon themselves to clear that land at one point. He stated that he did not know if the HOA was constantly maintaining this area which was a very benevolent act but owners of the parcel had not been doing anything on the property. With regard to the natural buffer around the ditch, Mr. Finn stated that he met with Mr. Brown on his property and they walked the line. He stated that he wanted to make sure Mr. Brown had what he was looking for and, specifically, the screening and the effect of not having the blank openness there. Mr. Finn stated that the existing trees that were there were mature, contained a lot of Evergreens and, in fact, you could not even see from Mr. Browning's house to this property or vice versa. He stated that they wanted to maintain and preferred to have this screening. Mr. Finn stated that this would be the rear of the lots that they would be building. He stated that whatever natural barrier they could keep there, they would rather keep there. Mr. Finn stated that if they had to take any trees down, they had offered to replace them with something that was similar and create a buffer so that they could ensure that there was a screening in place. Mr. Finn stated insofar as the ditch was concerned, they had not measured out where it impacted their property. Therefore, he could not commit to what would happen to the ditch but the flow of all of the water was something that was going to be of concern to them and it would be mitigated within the design. Since they were not in the design phase, Mr. Finn stated that he could not speak specifically as to what they would do with that. He stated that they tried to maintain the natural features of any property that they jump on regardless of how it is functioning at the time of its existence. Council Member Anthony stated that Mr. Finn's wording such as projects that he "jumped" on and the way he "had to spend money" really disturbed her. She stated that one could not place a price on life. With regard to Mr. Finn's questioning of the new people in attendance at this meeting, Council Member Anthony stated that the citizens had a right to where they decided to go to speak on this matter. She stated that they might have felt like their voices would be heard more at the Council Meeting than at the neighborhood meeting. Council Member Anthony told Mr. Finn that his comments were very distasteful. Mr. Finn stated that what he meant was that he wanted to give opportunities to the folks to address their concerns. Council Member Anthony stated that she wanted Mr. Finn to be aware how he came across. Mr. Finn apologized if he came across wrong. He stated that he wanted to give the opportunity to every neighbor to speak which was why he held the neighborhood meetings and had the other public hearing. Council Member Anthony asked Mr. Finn if he was from this area. Mr. Finn advised that originally no, he was from Raleigh. City Council Regular Meeting July 16, 2019 Page 318 Council Member Anthony stated that it was her opinion that it looked as if the developer wanted to do this at any means necessary. Council Member Keziah asked Mr. Finn if he had to go through the other subdivision for this development to happen. He asked if the development could not have a standalone entrance. Mr. Finn stated that the connectivity was the Planning Department's criteria. He stated that his understanding of the history of the property including Southwinds was that it was all considered one tract and then it was split. Mr. Finn advised that this property was left hanging and for the past 14 years no one had done anything with it. He stated that they were at a point that they would like to do something with it and develop it out. Mr. Finn stated that the concern of unity was a major topic. Council Member Keziah asked Ms. Stiwinter if there had to be a connectivity road in order to build this development. Ms. Stiwinter advised that connectivity was typically a recommendation of the Planning Staff to have a better connectivity. Council Member Keziah asked if it had to be connected. Ms. Stiwinter advised that it was at the discretion of the developer and Council. She advised that it was only a recommendation of Staff. Council Member Keziah stated that if he lived in an adjoining neighborhood; he would not want the traffic. However, he said that he did not particularly have a problem with the development but he saw where the neighbors were coming from with not wanting Alexander Commons to enter through their subdivision. Council Member Keziah asked if the development would or would not work without the connectivity. Mr. Finn stated that one of the challenges that they had was when Southwinds was built out, they had the cleanouts along Skywatch Lane and it was always intended for those homes to be built facing Skywatch Lane. He stated that it would be difficult to not connect to Skywatch Lane and have those homes not part of Alexander Commons. Mr. Finn stated that if Alexander Commons did not connect to Skywatch Lane, those homes would not belong to Southwinds or Alexander Commons and it would just be awkward. Ms. Nash asked the developer what they were planning to do with the v -parcel of land. Mr. Finn stated that that these parcels were slated for commercial and they did not do commercial development and would not do anything with those parcels. Mr. Browning asked if the developer had surveyed the ditch. Mr. Finn stated that they had not surveyed the ditch. City Council Regular Meeting July 16, 2019 Page 319 Mr. Browning stated that he could show the developer where the survey tape was located and where a site path was cut down to the bottom. Ms. Nash questioned the developer's statement that he did not know that the trees had been cleared off the property. She stated that someone was on the property for a month grinding trees. Ms. Nash stated that she just found it hard to believe the developer was not aware of this work. Mayor Kilgore asked Mr. Finn if he had any knowledge of the trees being cleared. Mr. Finn stated that he had no knowledge of this work being done. He stated that he was the Project Manager for this development and any contractor hired to cut the trees would had to get approval from him. Mayor Kilgore asked Mr. Finn how he could explain this work on his property and how he did not have any knowledge. Mr. Finn stated that he did not know if this was something that the HOA might have done. He stated that he was informed last time that the HOA had done some clearing but he did not know to what extent. Mr. Berghtler stated that he was an HOA Board Member, past President and had been on the HOA Board since the beginning. He stated that the HOA maintained the grass from the sidewalk to the (4we street so that the residents would have a place to walk their dogs. Mr. Berghtler stated that the HOA had never touched that field and pointing to the HOA for this work was an error. Mr. Finn apologized. Mr. Trimble asked Mr. Finn when he took ownership of the property. He stated that he knew that the property was owned by Ingram Walters up until last year because he reached out to Mr. Walters and obtained permission to use a section of the property for an event. Mr. Trimble stated that as the HOA President, he knew all that the HOA maintained was mowing the road. He stated that someone else did clear the property almost a year ago and it might have been before Mr. Finn owned the property. Mr. Trimble said that this might have also been the time period that it was surveyed. Mr. Finn thanked Mr. Trimble for the clarification and stated that the property was acquired about a year ago. Ms. Gruhot stated that she and her husband left at the end of October 2018 and the growth was still there. Mr. Richard Browning stated that he was under the assumption that David Cuthbertson owned the field and sold the Southwinds lots. Mr. Browning stated that he had heard that Mr. Finn was in business with Mr. Cuthbertson. He stated that the trees were recently cut down and Mr. Finn should know who cut them down. City Council Regular Meeting July 16, 2019 Page 320 Mr. Browning also expressed concern with the size of the streets for emergency personnel to access the homes. He stated that City Council told them that when Southwinds was built, that there would never be an entrance into those developments from Waxhaw Highway. Mr. Finn asked Council Member Anthony what were the issues that he could try to address for her on the project. Council Member Anthony stated that Council had to act on what was presented. She stated that if he redid the project and came before Council again that was different. Council Member Anthony stated that there was nothing that she could tell Mr. Finn to do to address this because it was what it was. Mr. Finn asked Council Member Anthony what her terms were in denying the request. Council Member Anthony stated there seemed to be a problem with the truth. She stated that in her personal opinion Mr. Finn had a cavalier attitude and had a problem with the residents who came to speak against the development. Mr. Finn stated that he was only trying to address everyone's concerns. He asked if there was a problem with the development. Council Member Anthony stated that the following items presented problems for her: hearing from the residents that they were worried about the traffic; concerns over children not having a place to play; someone cutting down trees for free; damage to a home from the wood chips; and, the fact even though Mr. Finn was not the developer he worked for them and he said everything came through him for approval yet he did not know anything about the trees being cut down. Council Member McGee asked Mr. Finn what ways he felt he could address the safety concerns that would appease the community. Mr. Finn stated that in other communities, they had traffic calming devices within the streets (i.e., speed bumps, flat islands) and posted speed limit specific reductions more frequently. Council Member McGee asked if a common space and/or playground was going to be provided for the children. Mr. Finn stated that the common space would be for the entire community. He stated that Alexander Commons would have to create their own HOA. M. Finn stated that in other communities, they always collaborated with other HOAs to ensure that they were aligned and not out of sync with what they had as covenant restrictions. He stated that they were looking at this as one big community, not isolated. Mr. Finn stated that if he had the opportunity to withdraw the annexation petition on a pending denial motion, he would like to exercise that right because he did not want to have a property annexed that he could not rezone. City Council Regular Meeting July 16, 2019 Page 321 City Attorney Shah -Khan stated that type of action would need to be on the record. He advised ( that if the annexation petition was withdrawn, the applicant would be required to pay the associated fees for the annexation petition and rezoning. City Attorney Shah -Khan discussed the various options available to Council. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action —Tabled to August 20, 2019 City Council Regular Meeting. Council Member Anthony moved to table this matter to the August 20, 2019 City Council Regular Meeting to allow the developer time to address and work out additional concerns of the neighbors and hold additional meetings. Council Member Keziah seconded the motion. Council Member Holloway asked Mr. Finn if this timeframe would provide him enough time to meet with the property owners to resolve these issues. Mr. Finn stated that this timeframe would be sufficient. The motion to table passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 15. Future Sale and Disposal of City -Owned Property Located at 327 S. Hayne Street, 218 E. Franklin Street, 311 E. Jefferson Street and Joffre Hotel site at Intersection of N. Main Street and W. Franklin Street. A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Assistant City Manager Brian Borne advised that Downtown Monroe had conducted research on City -owned parcels for redevelopment. Mr. Borne advised that Downtown Monroe had identified 327 S. Hayne Street, 218 E. Franklin Street, 311 E. Jefferson Street and the Joffre Hotel site at the intersection of N. Main Street and W. Franklin Street as eligible properties for economic development conditions of sale. He advised that Council was asked for development conditions to be placed on the properties to encourage economic vitality, revitalization and create community place. Mr. Borne advised that the disposal of land owned by local governments with development conditions required a public hearing under North Carolina General Statutes (N.C.G.S.) §158-7.1. He advised that the property located at 327 S. Hayne Street (parcel #09-232-016); 218 East Franklin Street, Parcel #09-232007; 311 E Jefferson Street (parcel #09231246); and, the Joffre Hotel site at the intersection of N. Main Street and W. Franklin Street (parcel #09-232-097) Monroe, Union County, North Carolina met the conditions for economic development. City Council Regular Meeting July 16, 2019 Page 322 Mr. Borne advised that the property was located in Historic Downtown Monroe and any proposals would be required to meet the design standards. In addition, he advised that the zoning met certain economic development uses which included commercial, upper floor residential and mixed-use development. Mr. Borne advised that Council asked for development conditions to be placed on City -owned vacant lots to encourage economic vitality, revitalization, foster community place and eliminate slum and blight. He advised that N.C.G.S. §158-7.1 required that local governments have a public hearing to hold and later convey properties for economic development purposes that it previously acquired through other statutory means. Mr. Borne advised that after the public hearing, a Request for Proposals would be drafted to seek development proposals. He advised that the proposals along with Staff recommendations would be submitted to the appropriate Council Committee and Council for approval and the conveyance would follow the procedures required by N.C.G.S. § 158-7.1. Mr. Borne advised that it was the recommendation of Staff that Council adopt a Resolution to hold and convey with economic development conditions City -owned property located at 327 S. Hayne Street (parcel #09-232-016), 218 E. Franklin Street (parcel #09-232007), 311 E. Jefferson Street (parcel #09231246) and the Joffre Hotel site located at the intersection of N. Main Street and W. Franklin Street (parcel #09-232-097). There being no other speakers, Mayor Kilgore closed the public hearing. B. Resolution Authorizing Property to be Held for Disposition. Council Member Keziah moved to adopt Resolution R-2019-41: RESOLUTION AUTHORIZING CITY -OWNED PROPERTY LOCATED AT 327 S. HAYNE STREET, PARCEL #09-232-016; 218 E. FRANKLIN STREET, PARCEL #09-232007; 311 E. JEFFERSON STREET, PARCEL #09231246; AND JOFFRE HOTEL SITE AT INTERSECTION OF N. MAIN STREET AND W. FRANKLIN STREET, PARCEL #09-232-097 MONROE, UNION COUNTY, NORTH CAROLINA TO BE HELD FOR DISPOSITION AS ECONOMIC DEVELOPMENT PROPERTY UNDER NORTH CAROLINA GENERAL STATUTES §158-7.1 R-2019-41 WHEREAS, the City of Monroe is a unit of local government committed to preserving and enhancing quality of life as a critical element of growth and prosperity; WHEREAS, the City of Monroe's Downtown Department, Planning and Development department administers and develops programs in connection with City Council's adopted Downtown Master Plan; WHEREAS, City Council requested the Downtown Department to identify and manage the acquisition and disposal of properties for the purpose of development; City Council Regular Meeting July 16, 2019 Page 323 WHEREAS, the City owns a parcel of land in the incorporated boundaries of the City located at 327 S. Hayne Street, Parcel #09-232-016; 218 E. Franklin Street, Parcel #09-232007; 311 E. Jefferson Street, Parcel #09231246; and Joffre Hotel site at the intersection of N. Main Street and W. Franklin Street, Parcel #09-232-097 that it acquired through other statutory means; WHEREAS, North Carolina General Statutes §158-7.1 require that a local government hold a public hearing to hold and later convey property for economic development purposes that it previously acquired through other statutory means; WHEREAS, in accordance with North Carolina law, City Council held a public hearing at its July 16, 2019 meeting after due notice. NOW, THEREFORE, BE IT RESOLVED that the City -owned property located at 327 S. Hayne Street, Parcel #09-232-016; 218 E. Franklin Street, Parcel #09-232007; 311 E. Jefferson Street, Parcel #09231246; and, Joffre Hotel site at the intersection of N. Main Street and W. Franklin Street, Parcel #09-232-097, Monroe, Union County, NC, is now being held for disposition as economic development property under North Carolina General Statutes § 158-7.1. Adopted this 16th day of July, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 16. Zoning May Amendment Request to Rezone Property Located at 3516 N. Rocky River Road from Residential -Single Family to General Business. A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Planner Keri Mendler advised that Staff received a request from Iron Peddlers to rezone the property located at 3516 N. Rocky River Road (tax parcel 08-303-003D) from Residential -Low Density (R-40) to General Business (GB). Ms. Mendler advised that that adjoining land uses included single-family home, Iron Peddlers and a wrecker service. She advised that the zoning districts included R-40 and GB. Ms. Mendler advised that this property was located in a Regional Mixed -Use Center of the Land Development Plan. She advised that Regional Mixed -Use Centers attracted people beyond Monroe for shopping, entertainment, employment or recreation. Ms. Mender advised that Regional Mixed -Use Centers were usually large-scale, measuring one mile in diameter that represented approximately a 20 -minute walking distance. She advised that the Regional Mixed - Use Centers were master -planned areas that were built in phases with a mix of non-residential, residential and civic uses. Ms. Mendler advised that it was likely that Regional Mixed -Use Centers 4, would support the most intense concentrations of retail, employment, high-density residential and other mixed uses. She advised that these areas typically located near major highways to ensure City Council Regular Meeting July 16, 2019 Page 324 ease of access for longer trips. Ms. Mendler advised that single-family residential should typically be discouraged within Regional Mixed -Use Centers, but could be located to the periphery of the Regional Mixed -Use Centers as a transitional use Ms. Mendler advised that Staff was of the opinion that the proposed rezoning was consistent with the adopted Land Use Plan, was a reasonable use and in the public interest. With regard to public notification, Ms. Mendler advised that ten days prior to the public hearing, a rezoning notification sign was posted and an official rezoning notification letter was sent to the adjacent property owners located within at least 150 ft. Ms. Mendler advised that Staff presented this matter to the Planning Board on June 5, 2019. She advised that it was the recommendation of the Planning Board that Council approve the proposed rezoning. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action — Resolution Approving Land Development Plan Compliance. Council Member Anthony moved to adopt Resolution R-2019-40: RESOLUTION APPROVING LAND DEVELOPMENT PLAN COMPLIANCE 3516 N. ROCKY RIVER ROAD R-2019-40 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and determine that the adoption of the zoning map amendment from Single Family -Low Density (R-40) to General Business (GB) for the property further described below is consistent with the adopted Future Land Use Plan. The Future Land Use Plan identifies this area as a Regional Mixed Use Center. Regional Mixed Use Centers attract people beyond Monroe for shopping, entertainment, employment or recreation. The proposed rezoning is a reasonable use and in the public interest because it will allow the property to be developed into a commercial use that can attract people from beyond Monroe. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Approving Land Development Plan Compliance for property with Union County Tax Parcel Numbers: 08-303-003D. Adopted this 161 day of July, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:106 titled "Official Zoning Map." Council Member Anthony moved to adopt Ordinance 0-2019-34: City Council Regular Meeting July 16, 2019 Page 325 ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-34 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156 ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Section 1. Amend §156.106 OFFICIAL ZONING MAP as follows: Rezone the property with tax parcel: 08-303-003D from Residential -Low Density (R-40) to General Business (GB). Section 2. This Ordinance shall be effective upon adoption. Adopted this 161 day of July, 2019. (Mve Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 17. Union Countv Water and Wastewater Agreement Amendment. Water Resources Director Russ Colbath advised that Staff has been working with Union County Staff for ,( some time to update the master Water and Wastewater Agreement. Mr. Colbath advised that the Agreement was entered into in 2005. He advised that the Agreement provided 2.65 MGD of wastewater capacity to Union County at the City's Waste Water Treatment Plant (WWTP) to serve the east side of Union County, including service to Wingate and Marshville. Mr. Colbath advised that the City received 1.99 MGD of water supply from Union County's Catawba Water Treatment Plant (WTP). He advised that this water supply was a key factor in the future economic growth of Monroe. Mr. Colbath advised that the Agreement was made in perpetuity, or at least until 2099. Mr. Colbath summarized the proposed amendments: corrected inaccuracies in the locations specified for emergency water supply; updated Exhibit 3 of the Agreement to reflect the cost of non -capacity improvements and equipment replacements at the City's WWTP that would be allocated to Union County; and, updated Exhibits 4, 5 and 6 of the Agreement to reflect the cost City Council Regular Meeting July 16, 2019 Page 326 of non -capacity improvements and equipment replacements at the Catawba WTP that would be allocated to the City. Mr. Colbath advised that Staff previously presented an overview of the Catawba non -capacity cost projections to Council at the December 6, 2016 Strategic Planning Meeting. He advised that it had taken multiple years to design, permit and build these improvements. Mr. Colbath advised that the cost estimate for these improvements was used to establish the debt service budgeted in Fiscal Year 2020. He advised that there had been a small change in the improvement cost and a Budget Amendment in the amount of $9,568 was needed to provide adequate debt service funding. Mr. Colbath advised that the improvements at the City's WWTP had all been included in the regular Budget process for Fiscal Year 2018 to Fiscal Year 2020. He advised that Staff would continue working with Union County to find mutually beneficial utility initiatives. Mr. Colbath advised that Staff presented this matter to the Public Enterprise Committee on July 16, 2019. Mr. Colbath advised that it was the recommendation of the Public Enterprise Committee and Staff that Council approve amendments to the Union County Water and Wastewater Agreement, adopt a Budget Amendment in the amount of $9,568 was needed to provide adequate debt service funding and authorize the City Manager to sign and execute any and all necessary documents with regard to the Union County Water and Wastewater Agreement Amendment. A. Agreement Amendment. Council Member Keziah moved to approve the Union County Water and Wastewater Agreement Amendment. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Budget Amendment. Council Member Keziah moved to adopt Budget Amendment BA -2019- 19: BUDGET AMENDMENT BA -2019-19 1. Amendment to appropriate funds for amendments to the Union County Water and Wastewater Agreement to provide adequate debt service funding for Fiscal Year 2020. Water Fund: Revenues: Appropriation from Fund Balance $9,700 Expenditures: Debt Service $9,700 Adopted this 161' day of July, 2019. City Council Regular Meeting July 16, 2019 Page 327 Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. City Manager to Execute Documents. Council Member Keziah moved to authorize the City Manager to execute any and all necessary documents with regard to the Union County Water and Wastewater Agreement Amendment. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 18. Water Treatment Plant Carbon System. Water Resources Director Russ Colbath advised that the City had been challenged with seasonal water quality taste and odor complaints for many years. Mr. Colbath advised that contributing factors included: • The seasonal (summer and fall) water quality in the lakes was relatively poor quality. This was related to pollutants contained in stormwater runoff and high organic content, low alkalinity, and high temperatures, all of which made overall water treatment difficult. This was not atypical of shallow piedmont surface water reservoirs in North Carolina. • All three City lakes were on the NCDEQ impaired water list for nutrient over -enrichment. This was primarily due to stormwater runoff from urban and agricultural sources. • These nutrients (nitrogen and phosphorous) created algae growth. Algae generally made the water more difficult to treat, but more importantly, algae created two known compounds that impart an earthy, swampy, musty taste to the water. • These compounds (Geosmin and MIB) were very hard to remove from the treated water and could be detected by some people in extremely low concentrations (in the parts per trillion). Sensitivity to this earthy, swampy taste from these compounds varies greatly from person to person. • Important to note, Geosmin and MIB in drinking water have no negative health implications for people and were not regulated by state or federal drinking water regulations. They were only related to the aesthetics of the water. • The best available technology to remove these compounds from treated water was powdered activated carbon (PAC). PAC was expensive and challenging to effectively add to the Water Treatment Plant (WTP) treatment process. Mr. Colbath advised that since 1999, the following actions had been done to address this issue and to improve the quality of the drinking water: • 2000 - Installed an in -lake aeration system in Lake Twitty to pre -treat the water entering the WTP. This helps control algae and avoids stagnation in the lake water. City Council Regular Meeting July 16, 2019 Page 328 • 2002 - Changed treatment coagulation chemicals to enhance removal of organic material from the water. • 2003 - Funded a full-time chemist at the WTP to optimize water treatment and water quality. This allowed us to enhance the in -lake treatment using copper sulphate to further control algae by increasing laboratory monitoring of algae in the lake water and proactively applying treatment to the lake(s). • 2008 - Improved and expanded the treatment process of PAC. As mentioned, PAC was a recognized technology that could safely remove compounds that cause taste and odors. • 2012 - Implemented a vegetative buffer program and policy for all City lakes to help control nutrients and improve water quality. • 2013 - Formed a Taste and Odor Testing Panel made up of people across the City. Panel members sample Monroe tap water each Wednesday and provide a scientific scored assessment of water quality. The treatment process was adjusted based on the results. • 2017 - Enhanced customer complaint response process. This was due in part to the water quality chatter on social media. • 2018 - Expanded sampling and testing of Geosmin and MIB. Fiscal Year 2019 Budget contained an added $36k for this purpose. Expanded use of PAC in the treatment process. Fiscal Year 2019-2020 Budget contained an added $20k for this purpose. Mr. Colbath advised that as part of the Fiscal Year 2020 Budget, funds were approved to enhance the carbon system at the WTP. He advised that the PAC was the best available technology to remove taste and odor causing compounds from treated water. Mr. Colbath advised that in examining the existing Cabot/Norit carbon system, Staff believed that purchasing an identical Cabot/Norit carbon system would provide important equipment standardization for bulk carbon feeding and dosing. He advised that this sole source procurement would generate the benefits of equipment standardization, compatibility with Staff training, spare parts and future maintenance. Mr. Colbath advised that the total equipment purchase cost including start-up assistance was $118,200. Mr. Colbath advised that because this was a planned purchase with budgeted funds, it was coming to Council with no Committee recommendation. Therefore, he advised that it was the recommendation of Staff that Council approve the Water Treatment Plant Carbon System sole source purchase from Cabot/Norit Activated Carbon in the amount of $118,200 and authorize the City Manager to sign any and all necessary documents. A. Sole Source Equipment Purchase. Council Member Keziah moved to approve the Water Treatment Plant Carbon System sole source purchase from Cabot/Norit Activated Carbon in the amount of $118,200. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. City Manager to Execute Documents. Council Member Keziah moved to authorize the City Manager to execute any and all necessary documents with regard to the Water Treatment Plant City Council Regular Meeting July 16, 2019 Page 329 Carbon System sole source purchase. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 19. Consideration of Rescinding Public Safetv Committee ADDointment of Donald Chatmon. City Attorney Mujeeb Shah -Khan advised that on March 5, 2018, Council appointed Donald Chatmon to serve on the Public Safety Committee. City Attorney Shah -Khan advised that since his appointment, Mr. Chatmon only attended the March 19, 2018 meeting of the Committee and had not attended any additional meetings. City Attorney Shah -Khan advised that the City's Policy on Rules on Boards and Commissions (GA -05), stated: "Any member of a City Board or Commission who misses more than three (3) consecutive regular meetings or more than half the regular meetings in a calendar year shall be subject to removal and replacement by City Council. Absences due to sickness, death or other emergencies of like nature shall be recognized as approved absences and shall not affect the member's status on the Board; except, that in the event of a long illness or other such cause for prolonged absence, the member shall be replaced." City Attorney Shah -Khan advised that in this case, Mr. Chatmon had not complied with the attendance requirement. He advised that after Council Member/Public Safety Committee Ce Chairman Surluta Anthony brought this to the attention of the Citizen's Appointment Committee, the Citizen's Appointment Committee asked Staff to contact Mr. Chatmon. City Attorney Shah -Khan advised that by letters dated March 11, 2019 and June 18, 2019, Staff advised Mr. Chatmon of his failure to attend any meetings since March 19, 2018. He advised that the March 11, 2019 letter asked Mr. Chatmon to contact Nancy Miller of the Police Department, if he wished to remain on the Public Safety Committee. City Attorney Shah -Khan advised that Mr. Chatmon did not contact the Police Department. City Attorney Shah -Khan advised that the June 18, 2019 letter advised Mr. Chatmon that the Council would consider rescinding his appointment at the July 16, 2019 City Council Regular Meeting. He advised that this letter also asked that if Mr. Chatmon wished to submit anything on his behalf for Council's consideration, he would need to provide that information by July 5, 2019. City Attorney Shah -Khan advised that Mr. Chatmon did not provide any information for Council's consideration. Given that Mr. Chatmon chose to attend only one meeting of the Public Safety Committee, and has failed to respond to Staff's inquiries, City Attorney Shah -Khan advised that Council should consider if Mr. Chatmon's appointment should be rescinded. Mayor Pro Tem Anderson moved to rescind Donald Chatmon's appointment to the Public Safety Committee effective immediately due to not complying with the attendance requirement in City Council Regular Meeting July 16, 2019 Page 330 accordance with the Rules on Boards and Commissions Policy (GA -05). Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Council Member Anthony advised that Mr. Chatmon shared with her that he did not have the time needed to serve on this Committee. Item No. 20. City Code Amendment to Impose Term Limits on Chairs and Vice -Chairs of Boards, Committees and Commissions. City Attorney Shah -Khan advised that Section 32.201(B) of the Monroe Code of Ordinances stated that the chair and vice -chair of all boards, committees and commissions "shall be exempt from the term limit restrictions during the time they are serving as chair or vice -chair." City Attorney Shah -Khan advised that when Council approved significant changes to the City Code in May of 2010 to codify a system of rules governing appointments to boards, committees and commissions and rules for the boards, committees and commissions, it included a change that made chairs and vice -chairs exempt from term limits that applied to every other member of the board, committee or commission. He advised that recently, members of the Citizens Appointment Committee noted that perhaps the exemption was no longer needed. City Attorney Shah -Khan advised that at the request of members of the Citizens Appointment Committee, Staff drafted a proposed City Code amendment that would eliminate the term limit exemption for non -Council Member board, committee or commission chairs and vice -chairs. He advised that the code amendments would subject non -Council Member chairs and vice -chairs of the City's boards, committees and commissions to the same term limits currently imposed on all members of these bodies. City Attorney Shah -Khan advised that the general rule for boards or commission members in City Code Section 32.201(E) allowed a member to serve for a four-year term of service unless otherwise provided by law or Ordinance, with a possibility for reappointment to a second term. He advised that Section 32.201(F) limited the length of service on all boards and commissions to "two full successive terms excluding appointments to fill previously unexpired terms". City Attorney Shah - Khan advised that Section 32.201(G) further allowed for reappointment "one year after non - reappointment due to expiration of a term limit." He advised that unless another Code provision applied, a member could serve up to eight consecutive years as a member of a board or commission. City Attorney Shah -Khan advised that if the member wished to serve after the eighth year, the member must wait one year to be appointed. However, City Attorney Shah -Khan advised that there were certain boards (such as the Alcoholic Beverage Control Commission or the Planning Board) that were governed by provisions of state law, the City Code, or agreements, which might place different requirements for members, chairs and vice -chairs. He advised that by removing the term limit exemption for all chairs and vice - chairs, the City would no longer have an issue with conflicts with other laws or agreements. City Council Regular Meeting July 16, 2019 Page 331 City Attorney Shah -Khan advised that the proposed term limits would not apply to Council 4 Members serving on Mayoral Committees, which were regulated by Section 32.301, but it would apply to non -Council Members on these Committees, as provided in Section 32.301(C). In addition, he advised that the proposed term limits would not apply to any Council Member holding a chair or vice -chair position on a board or commission: these term limits would be imposed on non -Council Members only. He advised that lifetime appointments would still be available to honorary members, as provided by Section 32.202. City Attorney Shah -Khan advised that at the Citizens Appointment Committee Meeting of June 3, 2019, the Committee agreed to send proposed amendments to the full Council with the changes to be effective December 31, 2019. He advised that the Committee considered a longer sunset period, but determined it was appropriate to have the exemption removed at the end of 2019. Staff and the Committee noted that this might require the Council which takes office in December of 2019 to have to consider appointments to replace those members who would be ineligible as of December 31, 2019 at its December meeting. City Attorney Shah -Khan advised that Staff requested that Council consider and provide its input on a City Code amendment that would impose term limits on chairs and vice -chairs of the City's boards, committees and commissions, and if Council believed the amendment was appropriate, adopt an Ordinance approving the changes. Mayor Pro Tem Anderson moved to adopt Ordinance 0-2019-35: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE III: ADMINISTRATION CHAPTER 32: BOARDS, COMMISSIONS AND DEPARTMENTS SECTION 32.201: GENERAL PROVISIONS 0-2019-35 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE III, CHAPTER 32 OF THE MONROE ORDINANCES IS HEREBY AMENDED AS FOLLOWS: Section 1. Amend (B) Chair and vice -chair to read as follows: (WI City Council shall appoint the chair and vice -chair of all boards and commissions who shall serve as such at the pleasure of the Council. Any non-Councilmember chair or vice -chair appointed by City Council shall be subject to the term limit restrictions in Section 32.201(F) of the City Code during the time they serve as chair or vice -chair. Effective December 31, 2019, the term limit restrictions will apply for any non-Councilmember chair or vice -chair, with the term of any chair or vice -chair who has served on the board or commission for at least two full terms (as the term is defined in Section 32.201(E) of the City Code) as of December 31, 2019, being declared expired as of December 31, 2019. A chair or vice -chair with two or more full terms of service as of December 31, 2019, will be ineligible to serve as chair or vice -chair or a member of that board or commission until December 31, 2020. A non-Councilmember chair or vice -chair who has served for at least one (1) full term but less than one-half of a second full term as of December 31, 2019, will be considered to have completed one (1) term of service, with that term expiring December 31, 2019. The chair or vice -chair having served no less than one term and no more than City Council Regular Meeting July 16, 2019 Page 332 two terms will require reappointment for a second term to continue serving as chair or vice - chair on the board or commission from January 1, 2020. Section 2. This Ordinance shall be effective upon adoption. Council Member Anthony seconded the motion, which passed with the following votes: AYES: Council Members Anthony, Holloway, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: Council Member Jordan Item No. 21. Resolution to Confirm Direction to City Attorney to Pursue Civil Action and Retention of Outside Counsel to Pursue Case. City Attorney Shah -Khan advised that at the May 1, 2018 City Council Regular Meeting, Council held a Closed Session to discuss matters related to an electronic gaming establishment at 402 Patton Avenue known as KC's Arcade. City Attorney Shah -Khan advised that during the Closed Session, Council provided direction to the City Attorney to pursue a civil action against the owners and operators of KC's Arcade. In addition, he advised that he noted that S.C. Kitchen, an outside attorney, would pursue the civil action on behalf of the City. City Attorney Shah -Khan advised that on December 13, 2018, the City filed a Complaint against the owners and operators of KC's Arcade in Union County Superior Court. City Attorney Shah -Khan advised that on July 16, 2019, the North Carolina Court of Appeals issued an opinion in the case of State of NC, On Relation of City of Albemarle v. Nance, that awe suggested that a Resolution of a governing body might be necessary in order to support the filing of a civil action on behalf of a municipality. In the interest of ensuring that that there is no doubt concerning the City's ability to pursue a civil action against the owners of the property where KC's Arcade is located and its operators, City Attorney Shah -Khan advised that it was the recommendation of Staff that Council adopt a Resolution confirming direction to the City Attorney to pursue civil action and retention of outside counsel to pursue a case. Mayor Pro Tem Anderson moved to adopt Resolution R-2019-47: RESOLUTION TO CONFIRM DIRECTION TO CITY ATTORNEY TO PURSUE CIVIL ACTION AND RETENTION OF OUTSIDE COUNSEL TO PURSUE CASE R-2019-47 WHEREAS, at its May 1, 2018 meeting, the City Council, in closed session, considered an issue relating to pursuing legal claims against an electronic gaming establishment in Monroe, located at 402 Patton Avenue; and WHEREAS, the electronic gaming establishment known as KC's Arcade is on property owned by Gus and Zoe Mihelakis; and LWHEREAS, KC's Arcade is operated by Gary and Chandra Hancock and Chanken, LLC; and City Council Regular Meeting July 16, 2019 Page 333 WHEREAS, at the May 1, 2018 City Council Meeting, the Council, in accordance with Section 31.02(G) of the Monroe City Code, directed the City Attorney and Monroe City Staff to pursue a civil action against the property owners and operators of KC's Arcade; and WHEREAS, the Council reaffirmed that the City Attorney, would retain an outside counsel, S.C. Kitchen (at that time with the Stark Law Group and now with Kitchen & Turrentine) to pursue the civil action, with outside counsel being supervised by the City Attorney; and WHEREAS, on July 16, 2019, the North Carolina Court of Appeals issued an opinion in the case of State ofNC, On Relation of City ofAlbemarle v. Nance, that suggested that a resolution of a governing body may be necessary in order to support the filing of a civil action on behalf of a municipality; and WHEREAS, Section 31.02(G) of the Monroe City Code states that the "City Attorney may prosecute all civil suits and defend all suits against the city, as the City Council may direct;" and WHEREAS, the City Council at its May 1, 2018 meeting directed the City Attorney to pursue the civil action against the owners of the property where KC's Arcade is located, and also against KC's Arcade's operators; and WHEREAS, in light of the statements in the Court of Appeals opinion in the case of State of NC, On Relation of City ofAlbemarle v. Nance, and; WHEREAS, and even though the City contends that adequate authority to pursue the civil action and retain outside counsel was provided by the City Council in its May 1, 2018 closed session; and C, WHEREAS, City Staff, the City Attorney, and outside counsel believe it is appropriate to have Council confirm the May 1, 2018 direction to pursue a civil action against the property owners and operators of KC's Arcade, and retention of outside counsel in this case. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT: That the City of Monroe confirms the direction provided on May 1, 2018 to the City Attorney and City Staff to pursue a civil action against the property owners and operators of KC's Arcade, and to continue the use of outside counsel in this case. Adopted this 161' day of July, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None There being no further business, Council Member Keziah moved to adjourn the City Council Regular Meeting of July 16, 2019 at 7:46 p.m. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, City Council Regular Meeting July 16, 2019 Page 334 A :1 L McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None of obby G. it or ayor Attest: , City Council Regular Meeting July 16, 2019 Page 335 nF MOA/ --X