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08-20-2019 City Council Regular MeetingCITY OF MONROE CITY COUNCIL REGULAR MEETING 300 WEST CROWELL STREET MONROE, NORTH CAROLINA 28112 AUGUST 20, 2019— 6:00 P.M. AGENDA www.monroene.org RECOGNITIONS 1. Proclamation Observing Litter Awareness Month 2. Award of Financial Reporting Achievement to City of Monroe Finance Department 3. Public Comment Period A. Jonathan Lichlenhan B. Rich Ali C. Loretta Melancon D. Marie Belk CONSENT AGENDA The City Council uses a Consent Agenda to consider items that are non -controversial and routine. The Consent Agenda is acted upon by one motion and vote of the Council. Items may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council Member or Citizen with consent of Council. The Consent Agenda contains the following items: 4. Annual Tax Settlement of Tax Collector for 2018 5. Budget Amendments A. Gateway Park Picnic Table Area B. Solid Waste Services C. Unspent Appropriations 6. Call for Public Hearings to be Held September 17, 2019 A. Economic Development Aircraft Incentive Grant to Confidential Company (Project X- Wing) B. Zoning Map Amendment Request to Rezone Property Located on Concord Avenue from Single -Family Residential (R-20) to Conditional District "Blue Sky Meadows" 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" C. Zoning Map Amendment Request to Rezone Property Located on Medlin Road from Conditional District "1122 Medlin Road" to Conditional District "Medlin Forest" and City Council Regular Meeting August 20, 2019 Page 14 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" D. Zoning Map Amendment Request to Rezone Properties Located Near Intersection of James Hamilton Road and Rocky River Road from Conditional District "Fowler Glen" to Conditional District "The Arbors" 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" 7. Capital Project Budget Ordinance to Close Completed Capital Projects 8. Center Theatre Portable Lighting (, A. Award of Contract through BuyBoard Cooperative Purchasing Program to MainStage Theatrical Supply, Inc. B. City Manager to Execute Documents 9. Dickerson Center Tennis Courts Repairs A. Award of Contract to Sub Irrigation, Inc. dba Carolina Courtworks B. City Manager to Execute Documents 10. Leaf Collection Truck A. Award of Contract through Sourcewell Cooperative Purchasing Program to Old Dominion Brush Co., Inc. B. City Manager to Execute Documents 11. Minutes and Reports A. Disbursement of Fiscal Year 2019-2020 City Council Discretionary Funds 1) Mayor Pro Tern Gary Anderson 2) Council Member Franco McGee B. Financial Reports for July 2019 C. Minutes of Charlotte -Monroe Executive Airport Commission Meeting of May 13, 2019 D. Minutes of City Council Meetings of July 16, 2019 E. Minutes of General Services Committee Meeting of May 23, 2019 F. Minutes of Historic District Commission Meeting of June 10, 2019 G. Minutes of Monroe Tourism Development Authority Meeting of June 13, 2019 H. Minutes of Monroe -Union County Economic Development Board of Advisors Meeting of May 21, 2019 I. Minutes of Planning Board Meeting of July 17, 2019 (Draft) J. Minutes of Public Safety Committee Meeting of June 17, 2019 K. Summary of Contracts Awarded, Change Orders Approved and City Manager's Settlement of Claims 12. Monroe Aquatics and Fitness Center Whirlpool A. Award of Design, Demolition and Construction Contract to Aquatic Resource Group, LLC City Council Regular Meeting August 20, 2019 Page 15 B. Budget Amendment C. City Manager to Execute Documents 13. Monroe Science Center Building Project A. Award of Get Centered Fundraising Campaign Contract (Final Phase) to Winslow Group B. Capital Project Budget Ordinance C. City Manager to Execute Documents 14. Resolutions A. Intent to Abandon Section of N. Crawford Street between Jefferson Street and Crowell Street and Calling for Public Hearing to be Held September 17, 2019 B. Ratifying Auction Results for 1600 kw Generator C. Retiring Employee Jeffrey Hunter Shearin 15. Tax Releases A. June 2019 B. July 2019 16. Windsor Street Sidewalk Improvements Project A. Award of Contract to Armen Construction B. Contingency Allowance C. City Manager to Execute Documents D. Capital Project Budget Ordinance REGULAR AGENDA Public Hearings — Please adhere to the following guidelines: • Proceed to the podium, and state your name and address clearly; • Be concise; avoid repetition; limit comments to three (3) minutes or less; • Designate a spokesperson for large groups. 17. 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" (Tabled from July 16, 2019 City Council Regular Meeting) A. Annexation Action — Petition Meets Requirements of North Carolina General Statute 160A-31 B. Annexation Action — Ordinance to Extend Corporate Limits C. Zoning Action — Resolution Approving Land Development Plan Compliance D. Zoning Action — Ordinance Amending Code of Ordinances — Chapter 156, Section 156:106 titled "Official Zoning Map" E. Zoning Action — Ordinance Amending Code of Ordinances — Chapter 156, Section 156:98 titled "Conditional Districts Established" City Council Regular Meeting August 20, 2019 Page 16 18. Annexation and Zoning Map/Text Amendment Requests for 58.269 Acres Located Along Deese Road Between Concord Highway and Monroe Expressway to be Rezoned from Union County RA-40 to Conditional District "Kellerton Place" A. Public Hearing B. Annexation Action — Petition Meets Requirements of North Carolina General Statute 160A-31 C. Annexation Action — Ordinance to Extend Corporate Limits D. Zoning Action — Resolution Approving Land Development Plan Compliance E. Zoning Action — Ordinance Amending Code of Ordinances — Chapter 156, Section 156:106 titled "Official Zoning Map" F. Zoning Action — Ordinance Amending Code of Ordinances — Chapter 156, Section 156:98 titled "Conditional Districts Established" 19. Winchester Facility Signage 20. Charlotte -Monroe Executive Airport Corporate Hangar Site Development Project A. Capital Project Budget Ordinance B. Award of Construction Contract to J.M. Goodrum C. Contingency Allowance D. Work Authorization with Talbert, Bright & Ellington, Inc. E. City Manager to Execute Documents 21. Center Theatre A. Change Order #5 with JM Cope B. City Manager to Execute Documents 22. City Code Amendment to Create Transition Period on Removal of Term Limits on Chairs and Vice -Chairs of the City's Boards, Committees and Commissions 23. Natural Gas Pipeline Recognitions 24. Fire Department and Police Department Appreciation 25. Closed Session pursuant to North. Carolina General Statute Sections 143-318.11(a)(1) and L(a)(3) — Eastwood Construction, LLC; Eastwood Construction LLC, d/b/a Eastwood Homes v. City of Monroe City Council Regular Meeting August 20, 2019 Page 17 CITY OF MONROE CITY COUNCIL REGULAR MEETING AUGUST 20, 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 August 20, 2019 with Mayor Bobby Kilgore presiding. Present: Mayor Bobby Kilgore, Mayor Pro Tern Gary Anderson, Council Member Surluta Anthony, Council Member Marion Holloway, Council Member Billy Jordan, Council Member Lynn Keziah, Council Member Franco McGee, City Manager E.L. Faison, City Attorney S. Mujeeb Shah -Khan and City Clerk Bridgette H. Robinson. Absent: None. Visitors: Ben Rudy, Deborah Rudy, Celeste Alsbrooks, Richard Ali, John Ross, Marty Davis, Sue Scanland, Eddie Helms, Willie Morris, Loretta Melancon, Mike Winchester, Don Donahue, Mary Nash, Jonathan Lichlenhan, Carrier Lichlenhan, Dan Shive, Will Wallers, Denise Cureton, Robert Cureton, Tony Autry, Pete Gruhot, Ernest Van Tassel, Lloyd Trimble, Haywood Hilliard, Michele King, (woe Patrick Murphy, Wellington Brown, Agnes Brown, and others. Mayor Kilgore called the City Council Regular Meeting of August 20, 2019 to order at 6:00 p.m. A quorum was present. RECOGNITIONS Item No. 1. Proclamation Observing Litter Awareness Month. Mayor Kilgore read [ Proclamation P-2019-14 proclaiming and observing September 2019 as "Litter Awareness (r Month:" PROCLAMATION OBSERVING LITTER AWARENESS MONTH P-2019-14 WHEREAS, litter can have an immediate and long lasting impact on the community, degrading the natural environment, reducing property values, increasing crime, discouraging residential growth and tourism and blighting the visual aesthetic of our neighborhoods; and WHEREAS, the Monroe City Council has a strong interest in reducing and eventually eradicating roadside litter and litter in our waterways; and City Council Regular Meeting August 20, 2019 Page 18 WHEREAS, all members of our community are strongly encouraged to properly dispose of all trash, recycle as per established guidelines and foster litter control awareness; and WHEREAS, the North Carolina Department of Transportation (NCDOT) has identified September 14 — 28, 2019 as dates for the NCDOT Biannual Clean -Up Drive involving community volunteers statewide to participate in organized litter sweeps. NOW, THEREFORE, I, Bobby G Kilgore, by the virtue of the authority vested in me as Mayor of the City of Monroe, do hereby proclaim September 2019 as: "LITTER AWARENESS MONTH" in the City of Monroe and encourage all residents, businesses and all members of the community to join in all efforts to keep Monroe clean and litter free. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 20th day of August 2019. Mayor Kilgore recognized the members of "Litter Busters" and presented them with the Proclamation. Item No. 2. Award of Financial Reporting Achievement to Citv of Monroe Finance Department. Finance Director Lisa Strickland advised that the Finance Department was awarded the Certificate of Achievement for Excellence in Financial Reporting for the 26th consecutive year for the Fiscal Year ended 2018. Ms. Strickland noted that the Comprehensive Annual Financial (40." Report for the year ended June 30, 2018 was awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA). She advised that the Certificate of Achievement was the highest form of recognition for excellence in state and local government financial reporting. In order to be awarded a Certificate of Achievement, Ms. Strickland noted that a government must publish an easily readable and efficiently organized comprehensive annual financial report. She stated that the report must satisfy both generally accepted accounting principles and applicable legal requirements. Ms. Strickland thanked Accounting Manager Ashley Ivey and the City's auditors, Martin and Starnes, for their valuable input to make this a quality document. Item No. 3. Public Comment Period. A. Jonathan Lichlenhan. Mr. Jonathan Lichlenhan addressed Council concerning a recent shootout on Gordon Street. Mr. Lichlenhan stated that the shooting occurred right beside of his home and he witnessed the event from start to finish. He stated that this was terrifying and disappointing. Mr. Lichlenhan expressed concerns with certain properties and the landlords over these properties. He stated that there was gang activity, drug activity and firearm activity occurring at these properties. Mr. Lichlenhan shared his concern that it took an active shooter in the street to get Police Officers to respond to complaints that they have had. He advised that they had called the Police multiple times. Mr. Lichlenhan stated that this was a repeated pattern for the property City Council Regular Meeting August 20, 2019 Page 19 A 7 located at 301 Sanford Street. He expressed great concern and requested an extra police presence in the Historic District. Mayor Kilgore advised that it was his understanding that the Police Chief had contacted Mr. Lichlenhan and that the persons involved had been apprehended. B. Rich Ali. Mr. Rich Ali expressed praise and appreciation to the City for addressing issues plaguing S. Hayne Street. He thanked Mayor Pro Tern Gary Anderson for taking time to personally walk the area in question and for helping get some of the issues addressed. C. Loretta Melancon. Ms. Loretta Melancon thanked Council for their continued support of Litter Busters. Ms. Melancon provided Council with updated literature on the Litter Buster's program and also shared information with Council on the North Carolina Department of Transportation's "Swat a Litter Bug Program." D. Marie Tavlor. Ms. Marie Taylor expressed appreciation to Little Busters for all the work they do to ensure a clean environment. CONSENT AGENDA Written background information was provided in advance in the Council Agenda Packet for each item on the Consent Agenda. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 4. Annual Tax Settlement of Tax Collector for 2018. Finance Director Lisa Strickland advised by memorandum that N.C.G.S. 105-373(a) stated "the Tax Collector shall make full settlement with the governing body of the taxing unit for all taxes in hand for collection for the preceding Fiscal Year." Ms. Strickland further advised that the settlement, together with the action of the governing body shall be entered in full upon the Minutes of the governing body. Ms. Strickland provided the following tax collection history for 2008-2018: 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 12018 General City of Monroe 97.55% 97.32% 97.56% 98.07% 98.05% 96.07% 97.91 % 98.53% 98.76% 99.02% 99.14% Monroe Downtown MSD 96.65% 94.46% 98.47% 95.30% 95.24% 95.43% 98.42% 99.85% 99.23% 99.10% 99.23% City Council Regular Meeting August 20, 2019 Page 20 Ms. Strickland advised that it was the recommendation of the General Services Committee and Staff that Council approve the 2018 annual tax settlement and that the settlement be entered in full (, in the City Council Regular Meeting Minutes. Council Member Anthony moved to approve the 2018 annual tax settlement: 2018 Tax Scroll $20,099,898 $3,245,088,241 2018 Certifications $384,720 $62,424,144 2018 Discoveries $108,012 $16,912,560 Total Taxes Billed $20,592,630 $3,324,424,945 Less 2017 Releases $84,518 ($3,956,526) 2018 Adjustments $2,618 2018 Tax Levy $20,679,767 $3,320,468,419 4W Total Taxes Collected $20,334,174 Taxes to be Collected $176,557 Total 2018 Levy $20,510,731 Percent Collected 99.14 2018 MSD Tax $50,983 $23,181,858 2018 MSD Certifications $2,594 $1,184,292 2018 Discoveries $114 $47,201 Total Taxes Billed $53,690 $24,413,351 Less MSD 2018 Releases - - 2018 MSD Adjustments ($4) (40� 2018 MSD Tax Levy $53,686 $24,413,351 2018 MSD Collected $53,271 MSD Taxes to be Collected $415 Total 2018 MSD Levy $53,686 Percent Collected 99.23 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. 5. Bud2et Amendments. A. Gatewav Park Picnic Table Area. Assistant City Manager Brian Borne advised that at the request of Council Member Franco McGee, Staff prepared an estimate to add an area to accommodate two picnic tables and one ADA compliant picnic table to the Gateway Park located at 302 Lancaster Avenue. Mr. Borne advised that the tables would match existing benches and trash receptacles in Gateway Park. He advised that three Hapsburg 40" round table (ADA accessible) would cost $8,158.50. City Council Regular Meeting August 20, 2019 Page 21 Mr. Borne advised that this addition would require construction of a concrete pad to mount tables that will match the existing sidewalks. He advised that the cost for this item would be $6,000 (, which was comprised of tinted concrete ($2,940), tinted sealant for sidewalks and new pad ($2,475) and a contingency ($585). Mr. Borne advised that the total cost of this project was $14,158.50. Mr. Borne advised that Staff presented this matter to the General Services Committee on August 15, 2019. Mr. Borne advised that it was the recommendation of the General Services Committee that Council adopt a Budget Amendment appropriating funding from the General Fund Unassigned Fund Balance to cover the cost of this project. Council Member Anthony moved to adopt Budget Amendment BA-2019-2 1: BUDGET AMENDMENT BA-2019-21 1. Amendment to appropriate General Fund's Fund Balance to provide funding for a picnic table area at Gateway Park. General Fund: Revenue: Unassigned Fund Balance Appropriation $14,159 (41�we Expenditure: Cultural & Recreational $14,159 Adopted this 2011 day of August, 2019. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Solid Waste Services. Engineering Director Jim Loyd advised by memorandum that at the June 4, 2019 City Council Strategic Planning Meeting, Council considered a recommendation by the Public Enterprise Committee and Staff based on two proposals received for solid waste services and subsequently awarded a contract effective October 1, 2019 for a five-year term to Waste Pro, Inc. Mr. Loyd advised that the request for a Solid Waste Technician to assist the current Solid Waste Coordinator was also approved by Council. He advised that Council adopted Ordinance 0- 2019-32 amending the City's Fees Schedule based on a phased fee implementation over a three- year fiscal year period effective July 1, 2019. Since the budget for Fiscal Year 2019-2020 was adopted on this date, Mr. Loyd advised that the Solid Waste accounts currently did not reflect the proposed rate increase by Waste Pro effective City Council Regular Meeting August 20, 2019 Page 22 October 1, 2019, the additional revenue generated by the amended rates in the Fees Schedule and the addition of the Solid Waste Technician. Based on the above, Mr. Loyd advised that it was the recommendation of Staff that Council adopt a Budget Amendment to provide for increased costs associated with the approved Waste Pro, Inc. contract, to recognize the additional revenue generated by the rate increase and provide funding for the additional Staff position for Solid Waste as included in the approved amendment to the Fees Schedule by Ordinance 0-2019-32. Council Member Anthony moved to adopt Budget Amendment BA-2019-20: BUDGET AMENDMENT BA-2019-20 1. Amendment to appropriate funds for increased costs associated with the approved Waste Pro, Inc. contract and to provide for the additional staff position for Solid Waste as approved by City Council on June 4, 2019. Solid Waste Fund: Revenues: Appropriation from Fund Balance $235,843 Refuse Collection Fees $47,630 Expenditures: Operations $48,965 Refuse Collection $234,508 (4m." Adopted this 206 day of August, 2019. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. UnsDent Appropriations. Finance Director Lisa Strickland advised by memorandum that it was necessary to re -appropriate items that had been approved, but were not complete at the end of the Fiscal Year. Ms. Strickland advised that the nature of the items was projects that were only partially complete, grants that had not been spent in their entirety and unspent drug seizure money. She advised that incomplete items from Fiscal Year 2019 were as follows: A Fund Item Amount General East Village Subdivision — driveway extension fees $589 General Down payment Assistance — program approved by Council to assist low $23,350 income families with house purchase General State Equitable Sharing — Money received from seizures — restricted to law $53,544 I enforcement expenditures General U S Justice - Federal Equitable Sharing — Money received from seizures - I $408,060 restricted to law enforcement expenditures City Council Regular Meeting August 20, 2019 Page 23 A Fund _ Item Amount General U S Treasury — Federal Equitable Sharing - Money received from seizures $107,060 — restricted to law enforcement expenditures General Explorer Program (Donations) $9,219 General JAG Grants not complete $26,239 General Tree donation to be used in fall planting $495 Downtown Fagade Grants $60,624 Downtown Downtown Incentive Program $405,317 Ms. Strickland advised Staff presented this matter to the General Services Committee on August 15, 2019. Ms. Strickland advised that it was the recommendation of the General Services Committee and Staff that Council adopt a Budget Amendment appropriating the unspent items. Council Member Anthony moved to adopt Budget Amendment BA-2019-22: BUDGET AMENDMENT BA-2019-22 1. Amendment necessary to designate and appropriate funds in Fiscal Year 2020 for incomplete projects, unspent grants and unspent seizure funds in Fiscal Year 2019. General Fund: Revenues: Restricted Intergovernmental Miscellaneous Appropriation of Fund Balance Expenditures: General Government Public Safety Parks & Recreation Downtown Monroe Special Revenue Fund: Revenues: Appropriation of Fund Balance Expenditures: Economic & Physical Development Adopted this 20t" day of August, 2019. $26,239 $495 $601,822 $23,939 $604,617 $495 $465,941 $465,941 Mayor Pro Tern Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 6. Call for Public Hearings to be Held September 17, 2019. City Council Regular Meeting August 20, 2019 Page 24 A. Economic Development Aircraft Incentive Grant to Confidential Comnanv (Project X- Win . Pursuant to North Carolina General Statute Section 158-71, Economic Development Executive Director Chris Plate requested by memorandum that Council call for a public hearing to be held on September 17, 2019 at 6:00 p.m. to consider the award of an Economic Development Aircraft Incentive Grant to a confidential company known as Project X-Wing. Council Member Anthony moved to call for a public hearing to be held on September 17, 2019 at 6:00 p.m. to consider this request. 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. Zoning Map Amendment Request to Rezone Property Located on Concord Avenue from Single-Familv Residential (R-20) to Conditional District "Blue Skv Meadows" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage. Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established." Planning and Development Director Lisa Stiwinter advised by memorandum that Staff had received a zoning map request and text amendment request to rezone the property located on Concord Avenue from Single -Family Residential (R-20) to Conditional District "Blue Sky Meadows." Ms. Stiwinter advised that these requests were scheduled to be presented to the Planning Board on August 21, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on September 17, 2019 to consider these requests. If these items do not move forward at the August 21, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the requests before City Council on September 17, 2019. Council Member Anthony moved to call for a public hearing to be held on September 17, 2019 at 6:00 p.m. to consider these requests. 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. Zoning Map Amendment Request to Rezone Property Located on Medlin Road from Conditional District 111122 Medlin Road" to Conditional District "Medlin Forest" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established." Planning and Development Director Lisa Stiwinter advised by memorandum that Staff had received a zoning map request and text amendment request to rezone the property located on Medlin Road from Conditional District "1122 Medlin Road" to Conditional District "Medlin Forest." City Council Regular Meeting August 20, 2019 Page 25 Ms. Stiwinter advised that these requests were scheduled to be presented to the Planning Board on August 21, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on September 17, 2019 to consider these requests. If these items do not move forward at the August 21, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the requests before City Council on September 17, 2019. Council Member Anthony moved to call for a public hearing to be held on September 17, 2019 at 6:00 p.m. to consider these requests. Mayor Pro Tern Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None D. Zonine Man Amendment Request to Rezone Properties Located Near Intersection of James Hamilton Road and Rocky River Road from Conditional District "Fowler Glen" to Conditional District "The Arbors" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zonine Mad" and Section 156.98 titled "Conditional Districts Established." Planning and Development Director Lisa Stiwinter advised by memorandum that Staff had received a zoning map request and text amendment request to rezone the property located near the intersection of James Hamilton Road and Rocky River Road from Conditional District "Fowler Glen" to Conditional District "The Arbors." Ms. Stiwinter advised that these requests were scheduled to be presented to the Planning Board on August 21, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on September 17, 2019 to consider these requests. If these items do not move forward at the August 21, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the requests before City Council on September 17, 2019. Council Member Anthony moved to call for a public hearing to be held on September 17, 2019 at 6:00 p.m. to consider these requests. Mayor Pro Tern Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 7. Capital Proiect Budzet Ordinance to Close Completed Capital Proiects. Finance Director Lisa Strickland advised by memorandum that many capital projects had been completed 4 and were ready to be closed. Ms. Strickland advised that funding that was remaining in the following projects as unspent and could be transferred back to Fund Balance in the corresponding fund: PR1501— Sikes Property Purchase ($21,560); RD1704 — Shining Light Church Road City Council Regular Meeting August 20, 2019 Page 26 ($6,154); OT1501 —Branding Initiative ($6,171); OT1602 —Center Theatre Expansion ($39,504); WR1227 — Utility Relocation Monroe Bypass ($1,055,556); WR1228 — Demo Goldmine/Lee Pump Station ($129,009); WR1726 — West Zone Water Main Loop ($2,487); EL0710 — Capacitor Banks Installation ($40,218); EL1402 — Electric Pole Removal ($6,321); EL1501 — Reconductor Walkup/Richardson ($500,725); EL1504 — Substation Transformer Painting ($7,159); EL1604 — ATI Powder Facility ($6,931); EL1702 — Electric Vehicle Charging Station ($3,027); EL1801 — Reconductor 13.2 kV Circuit ($250,000); NG0405 — Highway 74 Bypass ($67,895); and, NG1203 — Transco Gate Flow Control ($66,556). Ms. Strickland advised that Staff presented this matter to the General Services Committee on August 15, 2019. Ms. Strickland advised that it was the recommendation of the General Services Committee that Staff adopt a Capital Project Budget Ordinance to close projects for Fiscal Year 2020. Council Member Anthony moved to adopt Capital Project Budget Ordinance BO-2019-12: CAPITAL PROJECT BUDGET ORDINANCE CLOSE COMPLETED CAPITAL PROJECTS BO-2019-12 WHEREAS, certain projects that have been funded in prior years have been completed; WHEREAS, those projects with remaining balances are identified as follows: • PR1501— Sikes Property Purchase $21,560 • RD1704 — Shining Light Church Rd $6,154 • OT1501 —Branding Initiative $6,171 • OT1602 — Center Theatre Expansion $39,504 • WR1227 — Utility Relocation Monroe Bypass $1,055,556 • WR1228 — Demo Goldmine/Lee Pump Station $129,009 • WR1726 — West Zone Water Main Loop $2,487 • EL0710 — Capacitor Banks Installation $40,218 • EL1402 — Electric Pole Removal $6,321 • EL1501 — Reconductor Walkup/Richardson $500,725 • EL 1504 — Substation Transformer Painting $7,159 • EL1604 — ATI Powder Facility $6,931 • EL1702 — Electric Vehicle Charging Station $3,027 • EL1801 — Reconductor 13.2 kV Circuit $250,000 • NG0405 — Highway 74 Bypass $67,895 • NG1203 — Transco Gate Flow Control $66,556 WHEREAS, it is desired that the remaining funding from these projects be funded by or returned to the respective operating fund. NOW, THEREFORE, BE IT ORDAINED, that the City Council of the City of Monroe adjusts the appropriations in the above projects, returns the funding to or funds the shortage from the respective operating fund as listed above and amends the following revenues and expenses: City Council Regular Meeting August 20, 2019 Page 27 General Fund: Revenue: Appropriation of General Fund Balance ($27,714) Transfer from General Capital Projects Fund $27,714 General Capital Project Fund: Expense: Transfer to General Fund $27,714 Transportation RD 1704 ($6,154) Cultural and Recreational PR1501 ($21,560) Occupancy Tax Project Fund: Revenue: Transfer from Projects $45,675 ( Expense: fir► Transfer to Unrestricted Occupancy Tax $45,675 Water/Sewer Fund: Revenue: Appropriation of Water/Sewer Fund Balance ($1,187,052) Transfer from Water/Sewer Capital Projects Fund $1,187,052 Water/Sewer Capital Project Fund: Expense: Construction Projects ($1,187,052) Transfer to Water/Sewer Fund $1,187,052 (two, Electric Fund: Revenue: Appropriation of Electric Fund Balance ($814,381) Transfer from Electric Capital Projects Fund $814,381 Electric Capital Project Fund: Expense: Construction Projects ($814,381) Transfer to Electric Fund $814,381 Natural Gas Fund: Revenue: Appropriation of Natural Gas Fund Balance ($134,451) Transfer from Natural Gas Capital Projects Fund $134,451 Natural Gas Capital Project Fund: Expense: Construction Projects ($134,451) Transfer to Natural Gas Fund $134,451 BE IT FURTHER ORDAINED, that an amendment to the various capital fund budgets for FY 2019-2020 is approved to adjust funding as listed above and to transfer to the corresponding operating Lfund as listed above. Adopted this 20 day of August, 2019. City Council Regular Meeting August 20, 2019 Page 28 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. 8. Center Theatre Portable Lighting. Assistant City Manager Brian Borne advised that the City's Purchasing Department had identified portable lighting equipment that met all the needs and specifications for the Center Theatre through BuyBoard, a Cooperative Purchasing Program. Mr. Borne advised that the vendor, MainStage Theatrical Supply, Inc., and BuyBoard, have entered in an agreement for the procurement of portable lighting equipment. He advised that it was recommended to purchase the portable lighting equipment through BuyBoard's Cooperative Purchasing Program in the amount of $176,193.05. Mr. Borne advised that Staff and Theatre Consultants Collaborative (TCC) have reviewed and recommended award to Mainstage Theatrical Supply, Inc. In accordance with Section 34.01-G of the City of Monroe Code of Ordinances, he advised that Council was required to authorize all purchases exceeding $100,000. Mr. Borne advised that Staff presented this matter to the General Services Committee on August 15, 2019. Mr. Borne advised that it was the recommendation of the General Services Committee and Staff that Council award the contract for the Center Theatre Portable Lighting to MainStage Theatrical Supply, Inc. in the amount of $176,193.05 through BuyBoard, a Cooperative Purchasing Program, and authorize the City Manager to execute any and all necessary documents. He advised that there were sufficient funds in the budget for this contract. A. Award of Contract through BuvBoard Cooperative Purchasing Program to MainStage Theatrical SUDDIv. Inc. Council Member Anthony moved to award the contract for the Center Theatre Portable Lighting through BuyBoard, a Cooperative Purchasing Program, to MainStage Theatrical Supply, Inc. in the amount of $176,193.05. 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. 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 Center Theatre Portable Lighting. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore City Council Regular Meeting August 20, 2019 Page 29 NAYS: None (, Item No. 9. Dickerson Center Tennis Courts Repairs. Parks and Recreation Director Tonya Edwards advised by memorandum that the Dickerson Center tennis courts were damaged due to flooding in September 2018 during Hurricane Florence. Due to the severity of the damages, Ms. Edwards advised that the repairs would consist of a full -depth reclamation of six tennis courts. Per the City's Purchasing Policy for repairs and construction items, she advised that three quotes were obtained for this project with Subsurface Irrigation, Inc. dba Carolina Courtworks providing the lowest bid of $147,037. Ms. Edwards advised that funds for these repairs were being reviewed by FEMA for reimbursement. Ms. Edwards advised that Staff presented this matter to the General Services Committee on August 4 15, 2019. Ms. Edwards advised that it was the recommendation of the General Services Committee and Staff that Council award the contract for the Dickerson Center tennis courts repairs to Subsurface Irrigation, Inc. dba Carolina Courtworks in the amount of $147,037 and authorize the City Manager to execute any and all necessary documents. A. Award of Contract to Sub Irrigation, Inc. dba Carolina Courtworks. Council Member Anthony moved to award the contract for the Dickerson Center tennis courts repairs to Subsurface Irrigation, Inc. dba Carolina Courtworks in the amount of $147,037. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: (40", AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. City Manaeer 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 Dickerson Center tennis courts repairs. 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. 10. Leaf Collection Truck. Parks and Recreation Director Tonya Edwards advised by memorandum that funds were allocated in the Fiscal Year 2020 Budget in the amount of $170,000 for the procurement of a leaf collection truck for the Parks and Recreation Parks Maintenance Division. Ms. Edwards advised that this truck would replace a 2015 model that had surpassed its life expectancy and no longer provided dependable service. Ms. Edwards advised that Old Dominion Brush Co., Inc. had provided a quote of $169,63 5 for this vehicle. Due to the purchase cost exceeding $90,000, she advised that a formal bid was required as part of the selection process for the vendor of this equipment. Ms. Edwards advised that the City Council Regular Meeting August 20, 2019 Page 30 formal bid requirement was met through Sourcewell, a Cooperative Purchasing Program, of which the City was a member. In accordance with Section 34.01-G of the City of Monroe Code of Ordinances, she advised that Council was required to authorize all purchases exceeding $100,000. Ms. Edwards advised that it was the recommendation of Staff that Council the award the contract for the leaf collection truck to Old Dominion Brush Co., Inc. in the amount of $169,635 through Sourcewell, a Cooperative Purchasing Program, and authorize the City Manager to execute any and all necessary documents. A. Award of Contract through Sourcewell Cooperative Purchasing Program to Old Dominion Brush Co., Inc. Council Member Anthony moved to award the contract for the leaf collection truck to Old Dominion Brush Co., Inc. in the amount of $169,635 through Sourcewell, a Cooperative Purchasing Program. 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. 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 leaf collection truck to Old Dominion Brush Co., Inc. 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. 11. Minutes and Reports. A. Disbursement of Citv Council Discretionary Funds for Fiscal Year 2019-2020. 1) Mavor 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 the Center for Human Potential in the amount of $150, the Community Shelter of Union County in the amount of $600, Monroe Rotary Club in the amount of $150 and the Monroe Athletic Foundation in the amount of $150. Disbursements for Mayor Pro Tem Anderson follow: Date Recipient Fiscal Impact _ Amount Balance 07/01/2019 Discretionary Allocation FY 2019-2020 $3,000 q 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 County $100 $2,100 07/19/2019 Center for Human Potential $150 $1,950 07/23/2019 Community Shelter of Union County $600 $1,350 City Council Regular Meeting August 20, 2019 Page 31 A Date Recipient 08/05/2019 T Monroe Rotary Club 08/05/2019 I Monroe Athletic Foundation T Fiscal Impact Amount Balance $150 $1,200 j - $150 $1,050 1 As this item was for informational purposes only, no action was required from Council. 2) 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 ShotCallers Nation Basketball Organization in the amount of $500. Disbursements for Council Member McGee follow: Date I Recipient 07/01/2019 I Discretionary Allocation Fiscal Year 2019-2020 07/02/2019 I ShotCallers Nation Basketball Organization T_ Fiscal Impact Amount Balance $3,000 $500I $2,500 . As this item was for informational purposes only, no action was required from Council. B. Financial Reports for Julv 2019. Financial Reports for July 2019 were received as information by Council. C. Minutes of Charlotte -Monroe Executive Airport Commission Meeting of Mav 13, 2019. (4W." Minutes of the Charlotte -Monroe Executive Airport Commission Meeting of May 13, 2019 were received as information by Council. D. Minutes of Citv Council Meetings of Julv 16, 2019. Council Member Anthony moved to approve the Minutes of the City Council Meetings of July 16, 2019. Mayor Pro Tem. Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None E. Minutes of General Services Committee Meeting of Mav 23, 2019. Minutes of the General Services Committee Meeting of May 23, 2019 were received as information by Council. F. Minutes of Historic District Commission Meetings of June 10, 2019 and Julv 8, 2019. Minutes of the Historic District Commission Meetings of June 10, 2019 and July 8, 2019 were received as information by Council. G. Minutes of Monroe Tourism Development Authoritv Meeting of June 13, 2019. Minutes of the Monroe Tourism Development Authority Meeting of June 13, 2019 were received as information by Council. City Council Regular Meeting August 20, 2019 Page 32 H. Minutes of Monroe -Union Countv Economic Development Board of Advisors Meetings of Mav 21, 2019 and Julv 8, 2019. Minutes of the Monroe -Union County Economic Development Board of Advisors Meetings of May 21, 2019 and July 8, 2019 were received as information by Council. I. Minutes of Planning Board Meeting of Julv 17, 2019 (Draft). Minutes of the Planning Board Meeting of July 17, 2019 (Draft) were received as information by Council. J. Minutes of Public Safety Committee Meeting of June 17, 2019. Minutes of the Public Safety Committee Meeting of June 17, 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 I Name Purpose Fiscal Impact _ I Fun_ d Amount 07/03/2019 ( Reliable Tree Service _ Miscellaneous tree services on Facility *$4,000 City property as needed Maintenance 07/09/2019 Thermal Techniques, Infrared scanning services Energy Services *$4,999 LLC 07/09/2019 Weed Control, Inc. Weed control services at electrical substations Energy Services *$4,999 07/09/2019 Partners Lawn and Ground maintenance and weed Energy Services *$4,999 Landscaping, Inc. control services for electric distribution substations 07/10/2019 Sign Pro Reflective striping and Fire *$1,218 [CO # 1 ] lettering to new Medic 1 Ford 550 07/10/2019 McCollum Trucking I Trucking services as needed Engineering $10,000 & Grading, Inc. for FY 2019-2020 07/10/2019 CLD Services, Inc. Electric meter accuracy testing Energy Services $20,000 07/10/2019 Dun -Right Services, Sanitary sewer manhole Water Resources $61,250 Inc. rehabilitation 07/10/2019 Sharpe Company Rubber goods testing and I Energy Services $20,000 replacement 07/11/2019 Carolina Electric Repair services as needed Water Resources $5,000 I Motor Repair 07/11/2019 Erosion Defence Silt fence and landscape water Water Resources *$4,143 [CO #1] main right-of-way 07/12/2019 Allied Universal Miscellaneous door and lock Facility *$3,000 Security Systems repairs at City buildings Maintenance 07/12/2019 Aquatic Resources, MAFC swimming pool Parks and $7,500 LLC repair/replacement Recreation I 07/12/2019 Carolina Green Corp. Parks Williams annual soccer Parks and $16,300 field maintenance Walter Bickett Stadium field Recreation City Council Regular Meeting August 20, 2019 Page 33 9 Date Name Purpose Fiscal Impact Fund Amount _ conversion for baseball and football T 07/12/2019 Cox Door Company I Overhead door repairs Facility *$2,500 Maintenance 07/12/2019 I Cutting Edge Lawn MCC Golf Course annual plant Parks and $10,360 Care & Landscaping beds and landscape areas Recreation I 07/12/2019 ECS Southeast, LLP Monroe Science Center Downtown *$2,500 materials testing and special inspections 07/12/2019 Gym Source, Inc. Monroe Aquatics and Fitness Parks and $7,000 Center (MAFC) fitness Recreation equipment installation services (, 07/12/2019 Henry Black Property abatements Planning and $15,000 Development 07/12/2019 Hinson Services, Inc. I HVAC repairs to all City Facility $25,000 buildings Maintenance 07/12/2019 Hinson Services, Inc. Replace HVAC units as Facility $50,000 needed at all City buildings Maintenance I 07/12/2019 I Kiker Plumbing Miscellaneous repairs at City Facility *$3,500 buildings Maintenance 07/12/2019 I Kraft Power Emergency generator repairs Facility $6,000 . Corporation as needed Maintenance 07/12/2019 I ProPump & Controls, Inc. Monroe County Club (MCC) Golf Course irrigation pump Parks and Recreation $7,500 i 07/12/2019 I Schneider Tree Care Miscellaneous/emergency tree Parks and *$4,000 service Recreation 07/12/2019 Social Networking Social media networking I Economic $8,400 Assistance, LLC assistance Development 07/12/2019 University Auto Care, Miscellaneous emergency Parks and *$1,000 Inc. repairs to Parks and Recreation Recreation vehicles 07/15/2019 Aquatic Resources, MAFC pool repairs/ Parks and $7,500 LLC replacement as needed Recreation 07/15/2019 Gym Source, Inc. MAFC fitness equipment Parks and $7,000 installation services Recreation 07/15/2019 Kraft Power Corp. I City generators preventative Facility $17,154 maintenance/monitoring Maintenance 07/15/2019 Latham Door and ( City buildings miscellaneous Facility *$2,500 Hardware door repairs as needed Maintenance 07/15/2019 Smart, Inc. MAFC cardio equipment Parks and $12,000 preventative maintenance/ Recreation repair 07/15/2019 Social Networking I Social networking assistance Economic $8,400 Assistance, LLC Development 07/15/2019 Worthington Products, Lake Lee Dam repair Water Resources $11,851 Inc. 07/15/2019 [CO #1] Yaro Plumbing, Inc. Plumbing repairs Parks and $6,000 Recreation City Council Regular Meeting August 20, 2019 Page 34 Date Name Purpose i Fiscal Impact Fun_ d Amount 07/16�2019 Action Glass & Mirror Glass and window repairs to Facility *$2,500 City buildings Maintenance 07/16/2019 AMJ Pressure MAFC quarterly sidewalk Parks and *$1,200 Washing pressure washing Recreation 07/16/2019 Carolina Clay Ellen Fitzgerald Senior Center Parks and *$800 Connections, LLC and Rose Bell Ceramics Center Recreation kiln repair as needed 07/16/2019 Eagle Wood, Inc. Installation of Sand Filter Airport *$2,118 [CO #2] Stormwater Improvements, etc. for Aircraft Storage Hangar 07/16/2019 Reliable Tree Miscellaneous/emergency tree Parks and *$2,000 07/16/2019 Services, LLC I Seven Oaks Hardware services Door and partition repair I Recreation Parks and *$2,500 replacement at MAFC Recreation ® 07/16/2019 Smart, Inc. Preventative maintenance Parks and *$1,127 . services and repairs of fitness Recreation equipment at Old Armory and Winchester Community Centers 07/16/2019 Smith Turf & MCC Golf Course irrigation Parks and *$4,000 Irrigation, LLC I system repairs Recreation 07/16/2019 Southern Comfort MAFC carpet cleaning Parks and *$4,800 Steam Cleaning Recreation 07/16/2019 Tony Belk Miscellaneous painting at City Facility *$2,500 Maintenance saw"buildings 07/16/2019 Tony Belk Miscellaneous emergency Parks and *$1,000 painting at Parks and Recreation Recreation facilities as needed 07/16/2019 Two Brothers Power Power washing for Parks and Parks and *$3,000 I Washing Recreation facilities Recreation I 07/16/2019 Waynco Roofing Roof repairs at City buildings Facility *$2,500 I Maintenance 07/17/2019 Donnie Gay To abate properties when Planning and $5,000 Landscaping properties are not in Development compliance with COM ordinances 07/17/2019 H &H Lawn Miscellaneous irrigation Parks and *$3,000 Sprinklers, Inc. repairs on city properties as Recreation needed 07/17/2019 Imagine Music Group Book, manage, provide Parks and $21,100 entertainment, sound/lighting Recreation production and assist with promotion of various COM sponsored events throughout the year as needed 07/18/2019 Boyle Consulting Storm Water BMP's Airport *$4,200 Engineers Operations and Maintenance Program at the Charlotte - Monroe Executive Airport City Council Regular Meeting August 20, 2019 Page 35 A 31 11 Date Name Purpose T Fiscal Impact _ _ I _ __ � _ Fund _ _ � Amount - 07/18/2019 C & L Lawn Service High- -- y 741anciscape bed Facility $20,000 maintenance on a bi-monthly Maintenance 07/18/2019 I Consolidated Laundry 07/18/2019 Jones & Frank [CO #1] 07/18/2019 I R C S, Inc. 07/18/2019 i Vision Technologies 07/19/2019 I Donnie Michael Gay 07/19/2019 1 Waynco, Inc. 07/22/2019 I Carolina Tree Care, q Inc. 07/22/2019 Pat Group, Inc. 07/22/2019 The Roberts Company, Inc. [CO #7] j 07/25/2019 I American MTS of NC, Inc. 07/25/2019 Lefler Electronics 07/25/2019 Sunbelt Rentals, Inc. 07/29/2019 GE MDS, LLS (Grid Solutions) 07/29/2019 ECS Southeast, LLP [CO #2] tl 07/29/2019 I Air Components and Systems 07/29/2019 McLaughlin Young Employees Services 7/29/2019 Automated Fire Systems, Inc. schedule March thru November Industrial washer and dryers repair as needed at MAFC Retro-fit refuelers and fueling tank skids at Charlotte -Monroe Executive Airport Portable restroom services for special events Periodic maintenance of surge protection and chemically charged electrode systems Remove debris/vegetation — Community Development projects and secure vacant properties associated with Community Development activities MAFC roof repairs as needed Additional tree service at area lakes MAFC commercial cleaning Liquefied Natural Gas Peak Shaving Plant Pump repair work as needed for MAFC pools Electronic system and paging repairs/replacements as needed for MAFC Miscellaneous emergency rental of equipment as needed Repair Master Station Radio NDS-9790B Center Theatre Materials Testing and Special Inspections Starting up the air compressor and drying system for the LNG Plant Employees Assistance Program (EAP) for FY2019- 2020 Service and test all fire extinguishers at the Charlotte - Monroe Executive Airport City Council Regular Meeting August 20, 2019 Page 36 Parks and Recreation Airport Parks and Recreation Airport Planning and Development Parks and Recreation Water Resources Parks and Recreation Energy Services Parks and Recreation Parks and Recreation Parks and Recreation Energy Services Downtown *$2,000 *$673 $6,440 *$4,270 *$4,995 *$2,500 $5,400 $84,617 <$1,322 *$1,500 *$3,000 *$3,000 *$2,000 *$2,550 Energy Services J *$1,000 Human $9,442 Resources Airport 1 *$1,950 Date Name Purpose Fiscal Impact Fund Amount 07/29/2019 Stallings Clean and maintain two (2) icea Airport *$1,548 Refrigeration, Inc. machines located at the Charlotte -Monroe Executive Airport Terminal 07/29/2019 Yaro Plumbing, Inc. Miscellaneous and emergency Parks and $5,000 plumbing repairs to MCC and Recreation Parks and Recreation facilities 07/29/2019 Hinson Services I HVAC repairs for MAFC Parks and I $35,000 Recreation 07/29/2019 Blended Ideas Billboard advertising for Parks and $19,773 MAFC Recreation 07/29/2019 I Johnson Controls Fire System install and monitoring for LNG Plant Energy Services *$2,570 07/29/2019 The Smoke Pit Catering for Employee Human *$4,725 Appreciation Celebration on Resources Tuesday, September 10, 2019 07/29/2019 Brushy Mountain Technical support related to Water Resources $74,700 Builders installation of a Debris Boom System 07/29/2019 Enquirer -Journal I Newsprint advertising for Parks and $10,000 MAFC Recreation 07/30/2019 Granite Sky Creative Downtown Wayfinding Map Downtown *$1,226 . Group, Inc. Design [CO #1] = 07/30/2019 Concrete & Material Concrete pumping related to Water Resources $8,000 Placement the Lake Lee Dam Debris boom installation 07/30/2019 Lawrence Associates Provide surveying services Downtown $7,500 associated with Five Points Gateway Redevelopment Brownfields Plat 07/30/2019 Mark Matheny Plans review services for Building $6,000 . reviewing construction plans Standards as demand necessitates 07/30/2019 I On -Spec Engineering 2019-2020 Materials Testing Engineering $10,000 Services I 07/30/2019 Musco Sports Purchase and installation of Parks and $19,200 Lighting, LLC Control Link System on Recreation restroom doors at Creft Park 07/30/2019 Carolina Tree Additional tree removal Water Resources $6,500 [CO #2] I 07/31/2019 Union County Host special events for Economic $36,500 Economic Monroe -Union County Development Development Growth Economic Development Enterprise 07/31/2019 Atlantic Pinstriping Downtown advertising — car Downtown *$2,866 . (W 07/31/2019 Fox51, LLC wrap for Courier vehicle Warbirds Over Monroe Administration *$4,000 City Council Regular Meeting August 20, 2019 Page 37 Date Name --- - ------ - Purpose Fiscal Impact Fund Amount tw 07/31 %2019 Resolve Police Department Downtown $6,000 Environmental Headquarters EMP Services 07/31/2019 Resolve Five Points Gateway Downtown $8,795 Environmental Redevelopment Brownfields r Services Assessment — ground water 07/31 /2019 Granite Sky Design, Provide design, printing, and Parks and $22,527 Inc. mailing services for the Recreation fall/winter and spring/summer program guide 08/05/2019 Hinson Services, Inc. HVAC Preventative Facility $35,403 Maintenance for all City Maintenance buildings 08/05/2019 Allison Fence Co., Service one single slide gate Airport *$1,987 Inc. and one double slide gate (Gates # 1 and #9) 08/05/2019 A to Z Farms Annual contract for mowing Airport $79,500 and landscaping services at the Charlotte -Monroe Executive Airport There were no settlement of claims. This item was for informational purposes only; therefore, no action was required from Council. Item No. 12. Monroe Aquatics and Fitness Center Whirlpool. Parks and Recreation Director Tonya Edwards advised by memorandum that the Monroe Aquatics and Fitness Center Whirlpool had stopped working consistently. Ms. Edwards advised that the whirlpool was an extremely important amenity to the members for medical purposes as well as relaxation. She advised that a new whirlpool/spa would provide seating for at least 18 people and have more jet power for members. Ms. Edwards advised that on May 7, 2019, Council adopted a Budget Amendment (BA-2019-15) in the amount of $115,000 for a replacement whirlpool. She advised that Staff had solicited three quotes as follows: Aquatic Resource Group in the amount of $126,000; Bradford Products (demo not included) in the amount of $154,000; and, Three M Property Service in the amount of $167,000. Ms. Edwards advised that Staff presented this matter to the General Services Committee on August 15, 2019. Ms. Edwards advised that it was the recommendation of the General Services Committee and Staff that Council award the design, demolition and construction contract for the Monroe Aquatics and Fitness Center whirlpool to Aquatic Resource Group in the amount of $126,000, adopt a Budget Amendment to make up the shortfall in the amount of $11,000 and authorize the City Manager to execute any and all necessary documents. City Council Regular Meeting August 20, 2019 Page 38 A. Award of Design, Demolition and Construction Contract to Aquatic Resource Group, LLC. Council Member Anthony moved to award the design, demolition and construction contract for the Monroe Aquatics and Fitness Center whirlpool to Aquatic Resource Group in the amount of $126,000. 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 Anthony moved to adopt Budget Amendment BA- 2019-23: BUDGET AMENDMENT BA-2019-23 Amendment necessary to provide additional funding in fiscal year 2020 for the replacement of the whirlpool at the Monroe Aquatics and Fitness Center. The total project cost is $126,000 and the prior budget amendment in the amount of $115,000 was approved on May 7, 2019. Monroe Aquatics and Fitness Center Fund: Revenues: Appropriation of Fund Balance $11,000 Expenditures: Aquatics Center Operations $11,000 Adopted this 20t' day of August, 2019. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None („ C. Citv Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the design, demolition and construction contract for the Monroe Aquatics and Fitness Center whirlpool. 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.13. Monroe Science Center Building Proiect. Communications and Tourism Director Pete Hovanec advised by memorandum that Staff was entering into the final phase of the Get Centered fundraising campaign with the Winslow Group. Mr. Hovanec advised that to date, the campaign had received pledges of more than $1.31 million and had a final goal of $2 to $2.5 City Council Regular Meeting August 20, 2019 Page 39 million in donations. He advised that the Monroe Tourism Development Authority (MTDA) supported this initiative. Mr. Hovanec advised that the MTDA and Staff were requesting that $55,600 be appropriated from the Tourism Authority Capital Reserve Fund to the Monroe Science Center Capital Project to cover the costs of the final phase of the Get Centered fundraising campaign. He advised that with this appropriation, the culmination of the total contracted amount with the Winslow Group would be roughly $115,000 for the three phases of the fundraising campaign. Mr. Hovanec advised that Staff presented this matter to the General Services Committee on August 15, 2019. Mr. Hovanec advised that it was the recommendation of the General Services Committee, the MTDA and Staff that Council award the final phase of the Get Centered fundraising campaign contract to the Winslow Group in the amount of $55,600, adopt a Capital Project Budget Ordinance and authorize the City Manager to execute any and all necessary documents. A. Award of Get Centered Fundraising Campaign Contract (Final Phase) to Winslow Group. Council Member Anthony moved to award the final phase of the Get Centered fundraising campaign contract to the Winslow Group in the amount of $55,600. Mayor Pro Tern Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Capital Proiect Budget Ordinance. Council Member Anthony moved to adopt Capital project Budget Ordinance BO-2019-14: CAPITAL PROJECT BUDGET ORDINANCE MONROE SCIENCE CENTER BUILDING PROJECT BO-2019-14 WHEREAS, City of Monroe, North Carolina (the "City") has purchased the property and roughly 16,224-square foot brick structure located at 318 E. Franklin Street; and WHEREAS, it has been determined previously that a hands-on science and learning-themed facility will be an asset to the city and attract residents from surrounding areas by proving family opportunities in Monroe; and WHEREAS, an allocation was made on August 21, 2018 to secure a company who has coordinated fundraising efforts to offset operating costs and exhibit costs over the past year. The campaign has raised $1.31 million and has a final goal of $2 to $2.5 million in donations; and WHEREAS, an additional allocation is needed to enter into the final phase of the fundraising campaign; and NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe transfers the following to capital project OT1601 for Science Center Renovation: City Council Regular Meeting August 20, 2019 Page 40 Occupancy Tax Project Fund: Revenue: (r Appropriation of Fund Balance $55,600 Expense: Project Costs $55,600 Adopted this 2011' day of August, 2019. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the Get Centered Fundraising Campaign (Final Phase) contract for the Monroe Science Center Building project. 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. 14. Resolutions. A. Intent to Abandon Section of N. Crawford Street between Jefferson Street and Crowell Street and Calling for Public Hearing to be Held September 17.2019.. Engineering Director Jim Loyd advised that Staff received a request from Assistant City Manager Brian Borne on behalf of the City of Monroe to abandon the section of Crawford Street lying between Jefferson Street and Crowell Street. Mr. Loyd advised that this section of Crawford Street, a 40-ft. public right- of-way, was adjoined on either side by two properties owned by the City of Monroe (tax parcels 09232254 to the west and 09232256 to the east). He advised that this section of Crawford Street was proposed to be incorporated into the future plans for the Senior Center and Police Department, serving as a passive area and transition to a future parking lot that would serve the immediate area. Mr. Loyd advised that the request had been routed to the applicable City Departments affected by the abandonment for consideration as well as the City's Technical Review Committee. Mr. Loyd advised that an above -ground power line, six-inch water main and a two-inch gas line were located within the existing 40-ft. right-of-way that was proposed to be abandoned. As part of the abandonment process, he advised that a public utility easement would need to be retained for the width of the right-of-way in keeping with North Carolina General Statute 160A-299 until such time that the lines were either relocated and/or abandoned and new easement(s) recorded. City Council Regular Meeting August 20, 2019 Page 41 Mr. Loyd advised that the Energy Services Department and the Water Resources Department confirmed the need for an easement to be retained. Mr. Loyd advised that Staff presented this matter to the Public Enterprise Committee on July 16, 2019. Mr. Loyd advised that it was the recommendation of the Public Enterprise Committee and Staff that Council adopt a Resolution of Intent to abandon a 203.62 +/- foot section of Crawford Street measured at its centerline, lying between Jefferson Street and Crowell Street, subject to a public utility easement being retained for the width of the existing 40-foot right-of-way and call for a public hearing to be held on September 17, 2019. He advised that street closing signs would also be posted in at least two places along the right-of-way advising of the public hearing date. Council Member Anthony moved to adopt Resolution R-2019-42: RESOLUTION OF INTENT TO ABANDON SECTION OF NORTH CRAWFORD STREET BETWEEN JEFFERSON STREET AND CROWELL STREET R-2019-42 THAT WHEREAS, the City of Monroe proposes to permanently abandon a section of North Crawford Street pursuant to North Carolina General Statute Section 160A-299 starting at the northern right-of-way line of Jefferson Street and extending north to the southern right-of-way of Crowell Street, about 203.62 linear feet in length. (40", NOW, THEREFORE, BE IT RESOLVED that the Monroe City Council declares its intent to permanently abandon a section of North Crawford street starting at the northern right-of-way line of Jefferson Street and extending north to the southern right-of-way of Crowell Street, about 203.62 linear feet in length. The City Council orders that a public hearing be called on the question at 6:00 p.m., Tuesday, September 17, 2019. The City Clerk is hereby directed to: 1. Publish a copy of this Resolution in a newspaper authorized to publish legal ads in the City of Monroe as required by statute. (, 2. Send a copy of this Resolution by certified or registered mail to all owners of the property adjoining the street as shown on the tax records. 3. Cause a notice of the closing and public hearing to be prominently posted in at least two places along said street. Adopted this 20�h day of August, 2019. Mayor Pro Tern Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None City Council Regular Meeting August 20, 2019 Page 42 B. Ratifvine Auction Results for 1600 kw Generator. Finance Director Lisa Strickland advised iW by memorandum that Staff was requesting that Council ratify the results of an online auction for a 1600 kw Generator. Ms. Strickland advised that in accordance with North Carolina General Statute Sectionl60A-266 and City Code Section 34.02, Staff valued the generator at $ 0.00 or scrap after communications by Staff with multiple vendors. She advised that the vendors noted that they would have to haul off the generator and it would have no value to the City. Based on the consistency in the valuation from multiple vendors, Ms. Strickland advised that Staff assigned a value of $ 0.00 to the generator. She advised that Staff was pleased and surprised after listing the generator for auction on GovDeals that the auction bid received was $30,500. Ms. Strickland advised that under State law and the City Code, for the City to dispose of an item without Council approval, the threshold was $30,000. While the initial valuation was far below $30,000, and the final bid was above $30,000, she advised that Staff felt out of an abundance of caution, that it would be better to request ratification of the auction results to reinforce the validity of the auction. Ms. Strickland advised that Staff presented this matter to the General Services Committee on August 15, 2019. Mr. Strickland advised that it was the recommendation of the General Services Committee and Staff that Council adopt a Resolution ratifying the results of the auction of the 1992 1600 kw SR4 generator. (6w" Council Member Anthony moved to adopt Resolution R-2019-49: RESOLUTION RATIFYING AUCTION RESULTS FOR 1600 KW GENERATOR R-2019-49 WHEREAS, the City of Monroe ("City"), identified a 1992 1600 kw Generator (`Generator") used by the City's Water Resources Department at the City Wastewater Treatment Plant at 775 Treeway Drive in Monroe, North Carolina that is no longer being utilized by the City of Monroe; and WHEREAS, the City after working with multiple vendors to determine the value of the Generator, determined that the fair market value of the Generator was $0.00 due to the fact that the Generator was essentially scrap metal; and WHEREAS, North Carolina General Statutes § 160A-266 and City Code Section 34.02 allow the City to privately dispose of personal property such as the Generator when the fair market value of the property is less than $30,000.00; and WHEREAS, City Code Section 34.02 allows the City to dispose of the personal property by any method judged to bring the highest attainable price in money or other consideration; and WHEREAS, the City used the electronic auction site, govdeals.com to auction the Generator and the auction yielded a winning bid of $30,500.00, which was significantly and pleasantly in excess of the anticipated fair market value of the Generator; and City Council Regular Meeting August 20, 2019 Page 43 WHEREAS, while the auction yielded a bid higher than $30,000.00, the City's initial valuation of the fair market value at approximately $0.00 was determined in good faith and allows the City to use the auction method of disposal without prior approval of Council; and WHEREAS, out of an abundance of caution, the City believes that it is appropriate for the City Council to ratify the auction results for the Generator. NOW, THEREFORE, BE IT RESOLVED that the City Council ratifies the results of the auction held through the govdeals.com website by which a 1992 1600kw Generator was sold in accordance with North Carolina General Statutes § 160A-266 and City Code Section 34.02. BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to take any and all action necessary regarding the disposal of the 1992 1600 kw Generator. Adopted this the 201 day of August, 2019. Mayor Pro Tern Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Retirine EmiDlovee Jeffrev Hunter Shearin. Energy Services Interim Director David Lucore advised by memorandum that Natural Gas Crew Leader Jeff Shearin would be retiring on August 23, 2019. Mr. Lucore advised that Mr. Shearin joined the City on February 13, 1995 and would (40", be retiring with 25 years of service. Mr. Lucore advised that it was the recommendation of Staff that Council adopt a Resolution expressing appreciation to Mr. Shearin for his service to the City of Monroe over the past 25 years and extending best wishes on his retirement. He advised that the Resolution would be presented to Mr. Shearin at a later date. Council Member Anthony moved to adopt Resolution R-2019-46: RESOLUTION OF MONROE CITY COUNCIL L HONORING RETIRING EMPLOYEE JEFFREY HUNTER SHEARIN R-2019-46 WHEREAS, on the occasion of his retirement on August 23, 2019, the City Council wishes to express its sincere appreciation to Jeff Shearin for his loyal and dedicated service to the City of Monroe Energy Services Natural Gas Division; and WHEREAS, Jeff Shearin joined the City of Monroe as a Utility Maintenance Worker on February 13, 1995; and in November 1997, was promoted to a Utility Gas Technician; and WHEREAS, Jeff Shearin in March 2004, was promoted to a Gas Crew Leader; and since March 2004, Jeff has served as Crew Leader over the Gas Maintenance Crew; and City Council Regular Meeting August 20, 2019 Page 44 WHEREAS, for 25 years, Jeff Shearin has focused on providing safe and reliable gas service to meet the individual needs of our customers, and in an exemplary manner to serve the citizens and businesses of the City of Monroe; and WHEREAS, the City of Monroe is most grateful for the professional and personal contributions Jeff Shearin has given to the City of Monroe; and WHEREAS, the City Council of the City of Monroe wishes to acknowledge and express its appreciation to him for the years of distinguished service to the citizens of Monroe, noting that Jeff Shearin will be missed both professionally and as a friend. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council publicly express their sincere appreciation to Jeffrey Hunter Shearin for his outstanding performance to the City of Monroe over the past 25 years and extend very best wishes for a long and happy retirement. BE IT FURTHER RESOLVED that this Resolution be entered upon the permanent Minutes of the City Council. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 201' day of August 2019. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 15. Tax Releases. A. June 2019. Finance Director Lisa Strickland advised by memorandum that the refunds and releases of taxes pursuant to North Carolina General Statute §105-381 for June 2019 were $7,182.76. Ms. Strickland advised that the releases were created by a change or reduction in value for the City of Monroe by the Union County Tax Assessor. Ms. Strickland advised that the Union County Commissioners had previously approved these releases and Staff was now requesting that Council approve the tax releases for June 2019 in the amount of $7,182.76. Council Member Anthony moved to approve tax refunds and/or releases for June 2019 in the amount of $7,182.76. 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. Julv 2019. Finance Director Lisa Strickland advised by memorandum that the refunds and releases of taxes pursuant to North Carolina General Statute §105-381 for July 2019 were City Council Regular Meeting August 20, 2019 Page 45 $45,876.19. Ms. Strickland advised that the releases were created by a change or reduction in value for the City of Monroe by the Union County Tax Assessor. She advised that July's total amount was a release and refund request of $45,876.19 to Boggs Paving. Ms. Strickland advised that in 2017, resulting from an audit by the Union County Tax Assessor's office, the City processed a discovery bill for items not originally listed for taxation from 2012 to 2016. She advised that the discovery bill became delinquent January 6, 2018 and, after multiple attempts to collect payment voluntarily, payment was received via bank attachment in March 2018. Ms. Strickland advised that in August 2018, the City received a written refund request from Boggs Paving requesting a substantial refund. She advised that Boggs Paving claimed an item discovered, a hot mix asphalt plant, was located in South Carolina. Ms. Strickland advised that a full review of the audit and discovery bill was opened. After reviewing the records and discussing with the Assessor's office in Chesterfield County, South Carolina, Ms. Strickland advised that it was determined the asphalt plant in question was not located in Union County. She advised that the Tax Administrator believed Boggs Paving was due a refund for the taxes collected on the equipment actually located in South Carolina. Ms. Strickland advised that the Union County Commissioners had previously approved these releases and Staff was now requesting that Council approve the tax releases for July 2019 in the amount of $45,876.19. Council Member Anthony moved to approve tax refunds and/or releases for July 2019 in the (40.,e amount of $45,876.19. 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.16. Windsor Street Sidewalk Improvements Proiect. Engineering Director Jim Loyd advised by memorandum that on August 2, 2019, Staff received the following sealed bids for the Windsor Street sidewalk improvements project: Contractor Bid Amount DBE % _ Comment BSL Galbreath $274,501.65 70% Corrected Bid; Contractor formally withdrew bid Armen Construction I $391,239.00 ( 10.45% Mr. Loyd advised that the bid submitted by BSL Galbreath contained a number of errors in both multiplication and summation. He advised that the Project Manual provided that the contract sum "is hereby established as determined by the unit prices andlor the lump sum prices bid. " Mr. Loyd advised that Staff reviewed the multiplication of each unit price by the quantity to determine if there were multiplication errors in the "Amount of Bid" for each line item. He advised that for Line item 20, the unit price bid was $30 which corrected to an Amount of Bid of $510. City Council Regular Meeting August 20, 2019 Page 46 Mr. Loyd advised that the final summary totaled only $274,501.65, $86,737.35 lower than the written total bid amount of $361,239.00. Mr. Loyd advised that BSL Galbreath advised that they could not perform the work based on the unit prices bid and they formally withdrew their bid. Therefore, he advised that the low bid was submitted by Armen Construction in the amount of $391,239. Mr. Loyd advised that the Engineer's Estimate for the project was $280,030. He advised that Armen Construction was prequalified by the North Carolina Department of Transportation (NCDOT) in all relevant work codes for this project. Mr. Loyd advised that the contract stipulated a construction period of 150 days with liquidated damages occurring at a rate of $500 per day thereafter. Mr. Loyd advised that approximately $264,000 remained in the Sidewalk Construction project account (RD1701). He advised that a Budget Amendment was needed to the project account (RD1701) to cover the additional cost. Mr. Loyd advised that a portion of the project included replacing stormwater pipe and rebuilding catch basins in the amount of $27,175. Therefore, Mr. Loyd advised that $134,488 was recommended to be appropriated from Powell Bill Reserve Funds to cover the additional cost for the sidewalk plus a contingency amount of $35,000 and $27,175 was recommended to be appropriated from the Stormwater Fund to cover the replacement of stormwater pipe and catch basins. He advised that the Powell Bill Reserve Fund had sufficient funds to cover these costs in addition to the many project commitments that have been made for other NCDOT related projects. (40w, Mr. Loyd advised that Staff presented this matter to the Public Enterprise Committee on August 20, 2019. Mr. Loyd advised that it was the recommendation of the Public Enterprise Committee and Staff that Council award the Windsor Street Sidewalk Improvements Project to Armen Construction in the amount of $391,239, approve a contingency allowance in the amount of $35,000 to cover possible change orders during the course of the work, authorize the City Manager to execute any and all necessary documents and adopt a Capital Project Budget Ordinance to cover the costs associated with the project. A. Award of Contract to Armen Construction. Council Member Anthony moved to award the contract for the Windsor Street Sidewalk Improvements Project to Armen Construction in the amount of $391,239. 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. Continaencv Allowance. Council Member Anthony moved to authorize a contingency allowance in the amount of $35,000 to cover possible change orders during the course of the work City Council Regular Meeting August 20, 2019 Page 47 for the Windsor Street Sidewalk Improvements Project. Mayor Pro Tem Anderson seconded the tw motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the contract for the Windsor Street Sidewalk Improvements Project. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None D. Capital Proiect Budget Ordinance. Council Member Anthony moved to adopt Capital Project Budget Ordinance BO-2019-15: CAPITAL PROJECT BUDGET ORDINANCE WINDSOR STREET SIDEWALK CONSTRUCTION BO-2019-15 WHEREAS, sidewalks will be constructed on Windsor Street; and WHEREAS, construction of sidewalks will involve the replacement of stormwater pipe and catch basins; and WHEREAS, partial funding for sidewalk construction is currently available in project RD1701. Staff recommends appropriating funds from the Stormwater Fund balance for the stormwater pipe and catch basins replacement and appropriating funds from Powell Bill Reserve Fund for the remaining sidewalk work plus a contingency amount of $35,000 and transferring these funds to the Capital Project account. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe hereby [ appropriates and transfers funding from the Stormwater Fund and the Powell Bill Reserve Fund to the �r Sidewalk Capital Project Account for the sidewalk project on Winsor Street as follows: Stormwater Fund: Revenue: Appropriation from Fund Balance $27,175 Expense: Transfer to General Capital Project Fund $27,175 General Fund: Revenue: Appropriation of Powell Bill Reserve Funds $134,488 tExpense: Transfer to General Capital Project Fund $134,488 City Council Regular Meeting August 20, 2019 Page 48 General Capital Project Fund: Revenue: Transfer from Stormwater Fund $27,175 Transfer from Powell Bill Reserve Funds $134,488 Expense: Capital Project Sidewalk Construction $161,663 Adopted this 201' day of August 2019. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None REGULAR AGENDA Item No. 17. Annexation and Zoning Man/Text Amendment Requests for 24.854 Acres Located along Waxhaw Highwav and Skvwatch Lane to be Rezoned from Union County RA-20 to Conditional District "Alexander Commons" (Tabled from Julv 16. 2019 ON Council Regular Meeting). Senior Planner Doug Britt advised that this matter was tabled from the July 16, 2019 City Council Meeting. Mr. Britt advised that at the July 16, 2019, there was a Qo, concern about the number of connective points to Southwinds. He advised that the developer had revised the site plan to eliminate the future unnamed street and Kevinshire Court. Mr. Britt advised that the only connection between the existing Southwinds and Alexander Commons would be the connection along Rainmaker Drive. Mr. Britt advised that the applicant did meet with the neighbors. He advised that this was the only change since the July 16, 2019 Council Meeting. City Attorney Shah -Khan stated that this matter was advertised in case Council wished to hold a public hearing to receive further information. Council Member Anthony stated that she did not see the purpose in holding another public hearing. She advised that she did hear from some of the residents reporting on the meeting that the applicant had made all the concessions to their requests. Council Member Anthony stated that she had also heard from the developer/applicant, Keith Finn, that he had met with the residents and now there was only one entrance which addressed one of the original concerns about safety. She stated that according to both Mr. Finn and the residents, everything that they asked for the developer had complied with. A. Annexation Action — Petition Meets Requirements of North Carolina General Statute 160A-31. Council Member Anthony moved that the Petition met the requirements of North Carolina General Statute 160A-31. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting August 20, 2019 Page 49 AYES: Council Members Anthony, Holloway, Jordan, Keziah, (, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Annexation Action — Ordinance to Extend Corporate Limits., Council Member Anthony moved to adopt Ordinance 0-2019-23: ORDINANCE TO EXTEND CORPORATE LIMITS CITY OF MONROE, NORTH CAROLINA 0-2019-23 WHEREAS, the City Council has been petitioned under G.S. 160A-31 to annex the area described � below; and it WHEREAS, the City Council has by resolution directed the City Clerk to investigate the sufficiency of the petition; and WHEREAS, the City Clerk has certified the sufficiency of the petition and a public hearing on the question of this annexation was held at the City Hall Council Chambers at 6:00 p.m. on May 7, 2019, after due notice by publication on April 27, 2019 and May 4, 2019; and WHEREAS, the City Council finds that the petition meets the requirements of G.S. 160A-31; and WHEREAS, the City Council further finds that the petition has been signed by all the owners of real property in the area who are required by law to sign; and WHEREAS, the City Council further finds that the petition is otherwise valid, and that the public health, safety and welfare of the City of Monroe and of the area proposed for annexation will be best served by annexing the area described. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Monroe, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-31, the following described territory is hereby annexed and made part of the City of Monroe as of August 20, 2019: ANNEXATION DESCRIPTION LEGAL DESCRIPTION OF 24.854 ACRES OF THE CAROLINA DEVELOPMENT, LLC PROPERTY ANNEXED INTO THE CITY OF MONROE LOCATED ALONG THE SOUTHERN SIDE OF WAXHAW HIGHWAY AND THE WESTERN SIDE OF SKYWATCH LANE AND BEING FURTHER IDENTIFIED AS ALL OF TAX PARCEL 09-321-002E 90. Being a portion of Tract 1 and all of Tracts 2 and 3 of that certain parcel of land lying in the Monroe Township in Union County, North Carolina as described in a deed recorded in Record Book 7019, Page 3 in the Union County Register of Deeds and being more particularly described as follows: Tract 1 City Council Regular Meeting August 20, 2019 Page 50 Commencing at National Geodetic Survey monument "T 5 1 " having North Carolina geodetic coordinates in survey feet of. North 449,653.53 and East 1,523,300.79 and tied to the North American Datum 83(2011): thence North 760 30' 36" East, 2,240.70 feet to a found #5 rebar, said rebar being the southeast corner of now or formerly the Henry B. and Loretta M. Browning property recorded in Deed Book 244, Page 248 in the Union County Register of Deeds, a common corner of now or formerly the Henry B. and Loretta M. Browning property recorded in Deed Book 401, Page 572 in the Union County Register of Deeds, said point being the TRUE POINT AND PLACE OF BEGINNING: thence with the said Browning property recorded in Deed Book 244, Page 248 North 18' 15' 42" West, 440.93 feet to a set #5 rebar on the southern side of the apparent prescriptive right-of-way of Waxhaw Highway (NC 75), said right-of-way being a maintained right-of-way by North Carolina Department of Transportation (herein after R/W); thence with the R/W North 68' 32' 10" E, 493.43 feet to a set #5 rebar, a common corner with now or formerly the Craft Development, LLC property recorded in Record Book 3126, Page 136 in the Union County Register of Deeds, said rebar also being on the existing City of Monroe city limit line recorded in Record Book 3030, Page 570 in the Union County Register of Deeds; thence with said city limit line and the said Craft Development, LLC line three (3) calls as follows: 1) South 21 ° 27' 50" East, 20.00 feet to a set #5 rebar; 2) with a non -tangential curve to the right having a delta angle of 94' 21' 40", a radius of 30.00 feet, an arc length of 49.41 feet, and a chord bearing and distance of South 64' 17' 11" East, 44.01 feet to a set #5 rebar; 3) South 17' 6' 34" East, 293.39 feet to a found #5 rebar, on the western right-of-way of Skywatch Lane, a 60-foot public right-of-way shown on the Southwinds Phase 2 Map 2 subdivision plat recorded in Plat Cabinet J, File 158 in the Union County Register of Deeds; thence continuing with the existing city limit line and the said right-of-way six (6) calls as follows: 1) South 170 6' 34" East, 789.00 feet to a found #5 rebar; 2) with a tangent curve to the right having a delta angle of 890 58' 50", a radius of 20.00 feet, an arc length of 31.41 feet, and chord bearing and distance of South 27' 53' 30" West, 28.28 feet to a found #5 rebar; 3) South 17' 6' 34" East, 50.00 feet to a found #5 rebar; 4) with a non -tangential curve the right having a delta angle of 89' 59' 03", a radius of 20.00 feet, an arc length of 31.41 feet, and a chord bearing and distance of South 62' 6' 34" East, 28.28 feet to a found #5 rebar; 5) South 170 6' 33" East, 137.53 feet to a found #5 rebar; 6) with a tangent curve to the left having a delta angle of 13' 24' 37", a radius of 460.00 feet, an arc length of 107.67 feet, and a chord bearing and distance of South 23' 48' 50" East, 107.42 feet to a found #5 rebar, said rebar being a common corner of now or formerly the Leslie E. Jones, III property recorded in Record Book 5198, Page 322 in the Union County Register of Deeds; thence, leaving said right-of-way of Skywatch Lane and continuing with the existing city limit line and the said Jones line South 59' 28' 52" West, 100.00 feet to a found #5 rebar; thence continuing with the existing city limit line and the said Jones line, and with of now or formerly the Lemma Seble Tessema property recorded in Record Book 7247, Page 122 in the Union County Register of Deeds, and with now or formerly the AMH 2015-1-Borrower, LLC property recorded in Record Book 6400, Page 124 in the Union County Register of Deeds and following a non -tangential curve to the left having a delta angle of 20° 13' 27", a radius of 560.00 feet, an arc length of 197.67 feet, and chord bearing and distance of South 40' 43' 47" East, 196.64 feet to a set #5 rebar, said rebar being on the northern right-of-way line of Afton Court, a 50- foot public right-of-way shown on the Southwinds Phase 1 Map 1 subdivision plat recorded in Plat Cabinet 1, File 82 in the Union County Register of Deeds; thence continuing with the existing city limit line and a non -tangential curve to the right along the said right-of-way line of Afton Court having a delta angle of 18' 43' 36", a radius of 125.00 feet, an arc length of 40.86 feet, and a chord bearing and distance of South 48' 24' 54" West, 40.67 feet to a set #5 rebar, a common corner of now or formerly the City Council Regular Meeting August 20, 2019 Page 51 Craft Development, LLC property recorded in Record Book 3126, Page 136 in the Union County Register of Deeds; thence continuing with the existing city limit line and leaving the northern right-of-way line of Afton Court on a non -tangential curve to the left having a delta angle of 219' 48' 23", a radius of 35.00 feet, an arc length of 134.27 feet, and a chord bearing and distance of South 3° 00' 43" East, 65.82 feet to a set #5 rebar on the line of now or formerly the Mariatu Kanu-Taylor property recorded in Record Book 5061, Page 230 in the Union County Register of Deeds; thence continuing with the existing city limit line and the said Taylor line South 21 ° 22' 42" East, 90.25 feet to a set #5 rebar, a common corner of now or formerly the Southwinds Homeowners Association, Inc. property recorded in Record Book 4375, Page 725 in the Union County Register of Deeds; thence continuing with the existing city limit line and the said Southwinds Homeowners Association, Inc. line on a non -tangential curve to the right having a delta angle of 4° 28' 9", a radius of 455.22 feet, an arc length of 35.51 feet and chord bearing and distance of South 71 ° 41' 48" West, 35.50 feet to set #5 rebar on the northern side of the center of a stream; thence continuing with the existing city limit line and the said Southwinds Homeowners Association, Inc. line South 8° 31' 58" East, 2.69 feet to point in the center of said stream, a common corner of now or formerly the Carolina Development Services, LLC property recorded in Record Book 7019, Page 3 in the Union County Register of Deeds and said point being on the City of Monroe city limit line recorded in Record Book 4772, Page 671 in the Union County Register of Deeds; thence continuing with the existing city limit line and the said stream and crossing the said Carolina Development Services, LLC property the following fifteen (15) calls: 1) North 83' 37' 9" West, 25.66 feet to a point; 2) North 88' 40' 43" West, 32.39 feet to a point; 3) South 80' 37' 36" West, 12.09 feet to a point; 4) South 27' 33' 9" West, 21.21 feet to a point; 5) South 42' 23' 59" West, 10.28 feet to a point; 6) South 74' 25' 33" West, 25.88 feet to a point; 7) South 660 37' 51" West, 25.13 feet to a point; 8) South 70' 17' 53" West, 63.24 feet to a point; 9) South 75' 23' 9" West, 33.95 feet to a point; 10) South 71' 8' 48" West, 41.69 feet to a point; 11) South 74' 48' 24" West, 39.34 feet to a point; 12) South 690 10' 24" West, 29.80 feet to a point; 13) South 83' 33' 3 1 " West, 25.38 feet to a point; 14) South 820 42' 47" West, 14.09 feet to a point; 15) South 64' 6' 46" West, 18.35 feet to a found #5 rebar, a common corner of now or formerly the Union County Board of Education property recorded in Record Book 1821, Page 27 in the Union County Register of Deeds and of now or formerly the Henry B. and Loretta M. Browning property recorded in Deed Book 401, Page 572 in the Union County Register of Deeds and said rebar being on the existing City of Monroe city limit line recorded in Record Book 3535, Page 402 in the Union County Register of Deeds; thence leaving said stream and the existing city limits line and with the said Browning line, North 18' 4' 48" West, 1,364.95 feet to the POINT AND PLACE OF BEGINNING, containing 20.810 acres, more or less as shown on a plat titled ANNEXATION BOUNDARY SURVEY FOR THE CITY OF MONROE, THE PROPERTY OF CAROLINA DEVELOPMENT SERVICES, LLC dated 3-22-2019 surveyed by Bryan P. Lackey a North Carolina Professional Land Surveyor license number L-5055. Tract 2 Commencing at a found #5 rebar, the sixth corner described in Tract 1: thence leaving the city limits line and crossing the right-of-way of Skywatch Lane, a 60-foot public right-of-way shown on the Southwinds Phase 2 Map 2 subdivision plat recorded in Plat Cabinet J, File in the Union County Register of Deeds South 881 52' 18" East, 63.17 feet to a set #5 rebar on the existing City of Monroe city limit line recorded in CW Record Book 3030, Page 570 in the Union County Register of Deeds and on the eastern right-of-way of said Skywatch Lane and being the TRUE POINT AND PLACE OF BEGINNING: thence with the existing city limit line and the said right-of-way of City Council Regular Meeting August 20, 2019 Page 52 Skywatch Lane and with now or formerly the Craft Development, LLC property recorded in Record Book 3126, Page 136 in the Union County Register of Deeds, North 17' 6' 34" West, 322.25 feet to a set #5 rebar; thence with the existing city limit line on a non -tangential curve to the right having a delta angle of 84' 25' 30", a radius of 30.00 feet, an arc length of 44.20 feet, and chord bearing and distance of North 24' 59' 6" E, 40.31 feet to a set # 5 rebar; thence with the existing city limit line and the said Craft Development, LLC line North 21 ° 28' 17" West, 20.00 feet to a set #5 rebar on the southern side of the apparent prescriptive right-of-way of Waxhaw Highway (NC 75), said right-of-way being a maintained right-of-way by North Carolina Department of Transportation (herein after R/W); thence leaving the existing city limit line with the apparent prescriptive R/W North 68' 3 F 43" East, 204.64 feet to a set #5 rebar, a common corner of now or formerly the Hilma A. Walewski property recorded in Record Book 503, Page 282 in the Union County Register of Deeds; thence with the said Walewski line South 17' 7' 00" East, 369.91 feet to a set #5 rebar, a common corner of the said Craft Development, LLC property and being on the said existing city limit line; thence with the existing city limits line and the said Craft Development, LLC line South 68' 28' 1" West, 230.29 feet to the POINT AND PLACE OF BEGINNING, containing 1.934 acres, more or less as shown on a plat titled ANNEXATION BOUNDARY SURVEY FOR THE CITY OF MONROE, THE PROPERTY OF CAROLINA DEVELOPMENT SERVICES, LLC dated 3-22-2019 surveyed by Bryan P. Lackey a North Carolina Professional Land Surveyor license number L-5055. Tract 3 Commencing at a set #5 rebar, the fifth corner described in Tract 2: thence crossing Waxhaw Highway (NC 75) North 720 21' 28" West, 95.08 feet to a set # 5 rebar on (400e the northern side of the apparent prescriptive right-of-way of Waxhaw Highway (NC 75), said right-of-way being a maintained right-of-way by North Carolina Department of Transportation (herein after R/W) and on the southern side of the apparent prescriptive right-of-way of New Town Road (SR 1315), said right-of-way being a maintained right-of-way by North Carolina Department of Transportation (herein after RNA the TRUE POINT AND PLACE OF BEGINNING: thence with the apparent prescriptive R/W of Waxhaw Highway (NC 75), South 68' 32' 10" West, 738.89 feet to a set #5 rebar, a common corner of now or formerly the Henry B. and Loretta M. Browning property recorded in Deed Book 401, Page 572 in the Union County Register of Deeds; thence with the said Browning line North 18' 6' 14" West, 249.11 feet to a set #5 rebar on the said apparent prescriptive R/W of New Town Road (SR 1315); thence three (3) calls with the said apparent prescriptive R/W of New Town Road (SR 1315): 1) North 87' 39' 43" East, 204.88 feet to a set #5 rebar; 2) North 87' 15' 10" East, 339.26 feet to a set #5 rebar; 3) North 87' 40' 45" East, 221.66 feet to the POINT AND PLACE OF BEGINNING, containing 2.110 acres, more or less as shown on a plat titled ANNEXATION BOUNDARY SURVEY FOR THE CITY OF MONROE, THE PROPERTY OF CAROLINA DEVELOPMENT SERVICES, LLC dated 3-22-2019 surveyed by Bryan P. Lackey a North Carolina Professional Land Surveyor license number L-5055. The annexation plat showing Tract 1, Tract 2 and Tract 3 above is recorded in Plat Cabinet O , File 820 in the Union County Register of Deeds. 4 Section 2. Upon and after August 20, 2019, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Monroe and shall be entitled to the same privileges and benefits as other parts of the City of Monroe. Said territory shall be subject to municipal taxes according to G.S. 160A-31. City Council Regular Meeting August 20, 2019 Page 53 Section 3. The Mayor of the City of Monroe shall cause to be recorded in the office of the Register of Deeds of Union County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Union County Board of Elections, as required by G.S. 163-288.1. Adopted this 20th day of August, 2019 Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Zonine Action — Resolution AwDrovine Land Development Plan Compliance. Council Member Anthony moved to adopt Resolution R-2019-27: RESOLUTION APPROVING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "ALEXANDER COMMONS" R-2019-27 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional District "Alexander Commons" further described below property is consistent with the adopted Land Development Plan. The Land Development Plan identifies this area as Suburban, with a density of 2-4 units per acre, and the proposed development has 3.5 units per acre. The proposed development is a reasonable use and in the public interest because the suburban character area recommends a mix of housing types and lot sizes, and the proposed development provides single family attached and detached home sites. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Approving Land Development Plan Compliance for properties with Union County Tax Parcel Number: 09-321-002 E90. Adopted this 2011' day of August, 2019. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None D. Zonine Action — Ordinance Amendine Code of Ordinances — Chapter 156, Section 156:106 titled "Official Zonine Map." Council Member Anthony moved to adopt Ordinance 0- 2019-24: City Council Regular Meeting August 20, 2019 Page 54 ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-24 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 ar AMENDED AS FOLLOWS: Section 1. Amend §156.106 OFFICIAL ZONING MAP as follows: Rezone the properties located off of Waxhaw Highway and Skywatch Lane and further identified as tax parcel # 09-321-002-E90. The request is to rezone the property from RA- 20 (Union County Residential Low Density) to Conditional District "Alexander Commons." Section 2. This Ordinance shall be effective upon adoption. Adopted this 201' day of August, 2019. Mayor Pro Tern Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None E. Zoning Action — Ordinance Amending Code of Ordinances — Chapter 156, Section 156:98 titled "Conditional Districts Established." Council Member Anthony moved to adopt Ordinance 0-2019-25: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-25 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, City Council Regular Meeting August 20, 2019 Page 55 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156 ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Section 1. Amend §156.98 CONDITIONAL DISTRICTS ESTABLISHED as follows: Conditional District (CD) "Alexander Commons." Section 2. This Ordinance shall be effective upon adoption. Adopted this 20t' day of August, 2019. Mayor Pro Tern Anderson seconded the motion, which passed unanimously with the following (aw votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 18. Annexation and Zoning Mau/Text Amendment Requests for 58.269 Acres Located Along Deese Road Between Concord Highwav and Monroe Ext)resswav to be Rezoned from Union Countv RA-40 to Conditional District "Kellerton Place." Qoe A. Public Hearing., Mayor Kilgore opened the duly advertised public hearing. Planner Keri Mendler advised that this was an annexation request by Barbara H. Lucas, Robert S. Brooks, Jr. and Mary Brooks Ellis for 58.269 acres located along Deese Road ( Tax Parcel #s: 09- 177-030 90 and 09-177-029). Ms. Mendler advised that this was also a zoning map amendment and zoning text amendment by MI Homes to rezone this property from Residential to Conditional District "Kellerton Place" in order to develop 89 single-family residential lots and 137 townhomes. She advised that the density of this project was 3.96 units per acre. Ms. Mendler advised that existing zoning uses were the Monroe Expressway and Single -Family Residential. She advised that zoning districts included R-40 (Residential, City) and RA-40 (Residential, County). Ms. Mendler advised that the minimum lot size for the single-family lots was 7,000 sq. ft. with an average lot size of 8,569 sq. ft. She advised that the minimum lot size for the townhomes was 2,057 sq. ft. Ms. Mendler advised that the project was required to provide at least 12.5% open space which would equal 7.28 acres. She advised that the total area of open space was 23.56 acres or 40.3%. Ms. Mendler advised that the open space also included a pool and cabana. �w Ms. Mendler advised that all blue line streams on the site had been provided with a 50' buffer on both sides. City Council Regular Meeting August 20, 2019 Page 56 For the single-family lots, Ms. Mendler advised that the applicant was proposing for each lot to have two trees planted at the time the certificate of occupancy was issued for each dwelling. She ��„ advised that the street trees would also be provided at a rate of one per lot. For the townhomes, Ms. Mendler advised that the street trees would be provided at a rate of three per building and each building would also have two trees outside of the right-of-way. She advised that there would also be landscaping along a portion of Deese Road and the Expressway. Ms. Mendler advised there were also tree save areas throughout the project. Ms. Mendler advised that each single-family home would have a two -car garage while the townhomes would have a mix of one and two car garages. She advised that all front load garages would have carriage style trim and/or hardware that mimicked carriage style doors. Ms. Mendler advised that driveways for the single-family lots would be able to accommodate four vehicles while driveways for the townhomes would be able to accommodate two vehicles. Ms. Mendler advised that five ft. sidewalks would be provided along both sides of the road throughout the development excluding a 45' right-of-way that ran in front of the townhomes to the north of the site. She advised that an eight ft. sidewalk would also be provided along a portion of Deese Road; however, it would stop at the guard rail to the east of the property line on Deese Road that was part of the Expressway project. Ms. Mendler advised that the applicant would be required to provide stormwater management to treat the stormwater runoff for the project. She advised that if the project was approved by Council, the stormwater would be evaluated and reviewed at the building permit stage of the process. Ms. Mendler advised that the development would have two full access entrances. Due to the number of proposed lots, she advised that neither the North Carolina Department of Transportation nor the City's Engineering Department required a Traffic Impact Analysis (TIA) for this project. Ms. Mendler advised that the developer was proposing the single-family homes to be a minimum of 1,400 heated sq. ft. while the townhomes would be a minimum of 1,300 heated sq. ft. She advised that the proposed exterior building materials would include fiber cement, stone, stucco and/or brick. Ms. Mendler advised that vinyl would only be used for trim work. Ms. Mendler advised that for the 2019-2020 school year, the development fell within the following school districts: Unionville Elementary; Piedmont Middle; and, Piedmont High School. Ms. Mendler advised that the applicant held a neighborhood meeting on June 27, 2019 with five individuals representing three households in attendance. She advised that ten days prior to this 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 the Land Development Plan indicated that this project fell within the Regional Mixed -Use Center. She advised that the Regional Mixed -Use Centers attracted people beyond Monroe for shopping, entertainment, employment or recreation. City Council Regular Meeting August 20, 2019 Page 57 Ms. Mendler advised that it was likely that Regional Mixed -Use Centers 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 ease of access for longer trips. Ms. Mendler advised that single-family residential should typically be discouraged within the Center, but could be located to the periphery of the Center as a transitional use. Ms. Mendler advised that the proposed project was consistent with the Future Land Use Plan. She advised that Staff was of the opinion that the project was a reasonable use because of the mix of housing types within the node and that the higher density residential was towards the center of the node while the single-family detached homes were on the peripheral of the node. Ms. Mendler advised that it was the recommendation of the Planning Board that Council approve the annexation request and Conditional District "Kellerton Place." Council Member Anthony asked if the development would be governed by a Homeowners' Association. Ms. Mendler confirmed yes. Council Member Anthony asked what type of lighting would be used in the development. Ms. Mendler deferred this question to the applicant. Mr. John Ross of Eagle Engineering advised that he was representing the applicant. Mr. Ross (40." revisited some of the information presented by Ms. Mendler. He stated that when they developed a site plan, they tried to work with the natural features present. Mr. Ross stated that their site plan worked diligently to protect the adjacent trees for buffering between their site and adjoining landowners as well as maintaining the pond that was onsite and the significant trees on the property. Mr. Ross stated that they took the natural elements of the site and the City's Future Land Use Plan and they were working from the Mixed -Use Center node outward with their density. He stated that the townhomes were geared more towards the center of the Future Land Use Plan and the single-family homes were further outside of the region. Mr. Ross stated that the street lighting would be City of Monroe streets. He felt that LED lighting was required by the City's Energy Department. Council Member McGee asked for the price point of the homes and townhomes. Mr. Willie Morris of MI Homes advised that the townhomes would start in the low $200,000 and go to the mid $260,000. He advised that the single-family homes would start in the $260,000 range and push to around $300,000. There being no other speakers, Mayor Kilgore closed the public hearing. City Council Regular Meeting August 20, 2019 Page 58 B. Annexation Action — Petition Meets Requirements of North Carolina General Statute 160A-31. Council Member Keziah moved that the Petition met the requirements of North Carolina (W General Statute 160A-31. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None C. Annexation Action — Ordinance to Extend Corporate Limits. Council Member Anthony moved to adopt Ordinance 0-2019-38: ORDINANCE TO EXTEND CORPORATE LIMITS CITY OF MONROE, NORTH CAROLINA 0-2019-38 WHEREAS, the City Council has been petitioned under G.S. 160A-31 to annex the area described below; and WHEREAS, the City Council has by Resolution directed the City Clerk to investigate the sufficiency of the petition; and WHEREAS, the City Clerk has certified the sufficiency of the petition and a public hearing on the question of this annexation was held at the City Hall Council Chambers at 6:00 p.m. on August 20, 2019, after due notice by publication on August 10, 2019; and August 17, 2019 WHEREAS, the City Council finds that the petition meets the requirements of G.S. 160A-31; and WHEREAS, the City Council further finds that the petition has been signed by all the owners of real property in the area who are required by law to sign; and WHEREAS, the City Council further finds that the petition is otherwise valid, and that the public health, safety and welfare of the City of Monroe and of the area proposed for annexation will be best served by annexing the area described. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Monroe, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-31, the following described territory is hereby annexed and made part of the City of Monroe as of August 20, 2019: ANNEXATION DESCRIPTION LEGAL DESCRIPTION OF 58.269 ACRES THE PROPERTY OF BARBARA H. LUCAS, AND OF ROBERT BROOKS, Jr. AND OF MARY BROOKS 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 4 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 City Council Regular Meeting August 20, 2019 Page 59 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 Mitchell Barbee, Trustee property and with now or formerly the Mitchell Eugene Barbee and wife Kathleen Hamson 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 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 Q0." (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' 57' 5 3 " 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) calls: 1) S 43° 42' 29" W, 69.49 feet to a new 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 O, File 789 in the Union County Register of Deeds. City Council Regular Meeting August 20, 2019 Page 60 Section 2. Upon and after December 4, 2018, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City tw of Monroe and shall be entitled to the same privileges and benefits as other parts of the City of Monroe. Said territory shall be subject to municipal taxes according to G.S. 160A- 58.10. Section 3. The Mayor of the City of Monroe shall cause to be recorded in the office of the Register of Deeds of Union County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Union County Board of Elections, as required by G.S. 163-288.1. Adopted this 20th day of August, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None D. Zoning Action — Resolution Approving Land Development Plan Compliance. Council Member Keziah moved to adopt Resolution R-2019-48: RESOLUTION APPROVING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "KELLERTON PLACE" R-2019-48 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional District "Kellerton Place" further described below property is consistent with the adopted Land Development Plan. The Land Development Plan identifies this area as a Regional Mixed -Use Center. These centers support high density residential. Single family detached homes should be discouraged within the center of the nodes but can be located to the periphery of the center as a transitional node. The proposed development is a reasonable use and in the public interest because it has high density residential closer to the center of the node with detached single family homes toward the peripheral of the node. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Approving Land Development Plan Compliance for properties with Union County Tax Parcel Numbers: 09-177-030 90 and 09-177-029. Adopted this 201' day of August, 2019. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None City Council Regular Meeting August 20, 2019 Page 61 E. Zoning Action — Ordinance Amending Code of Ordinances — Chanter 156, Section (, 156:106 titled "Official Zoning Mau." Council Member Keziah moved to adopt Ordinance 0- 2019-36: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-36 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156 ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Section 1. Amend §156.106 OFFICIAL ZONING MAP as follows: Rezone the properties located north of Deese Road (Tax Parcels 09-177-030 90 and 09- 177-029) from RA-40 (Residential Agriculture -Low Density) to Conditional District (CD) "Kellerton Place." Section 2. This Ordinance shall be effective upon adoption. Adopted this 20th day of August, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None F. Zoning Action — Ordinance Amending Code of Ordinances — Chanter 156, Section 156:98 titled "Conditional Districts Established." Council Member Anthony moved to adopt Ordinance 0-2019-37: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-37 Preamble City Council Regular Meeting August 20, 2019 Page 62 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; ` W preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156 ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Section 1. Amend §156.98 CONDITIONAL DISTRICTS ESTABLISHED as follows: Conditional District (CD) "Kellerton Place." Section 2. This Ordinance shall be effective upon adoption. Adopted this 20"' day of August, 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. 19. Winchester Facilitv Sienaee. Parks and Recreation Director Tonya Edwards advised that at the June 18, 2019 Winchester Neighborhood Committee Meeting, a request was made to have the issue regarding the Winchester Recreation Complex identification sign be brought back to Council for reconsideration. Ms. Edwards advised that this item was reviewed in March 2019 and a recommendation was made by both the Parks and Recreation Commission and the General Services Committee that Council affirm that the sign remain as currently worded. She advised that Council affirmed the current identification sign at the Winchester Recreation Complex to remain as currently worded at the April 2, 2019 Council Meeting. Due to reports of continued community concern over the wording "Bazemore Community Center" ( rather than "Bazemore Meeting Room" on the sign, Ms. Edwards advised that this item was being fir► brought back before Council at the request of the Winchester Neighborhood Committee with an opportunity for public input per the City's "Naming of Public Facilities and Lands in Recognition of Individuals Policy" prior to action on this item. Ms. Edwards advised that the Recreation Facility Signage was a pilot project of the overall Citywide Wayfinding System developed with the help of a consultant. She advised that once implemented, the pilot program demonstrated how aesthetics, uniformity and consistency in wording and message reinforced the recent new logo and branding efforts of the City. Ms. Edwards advised that prior to the current signs, identification of these facilities was inconsistent (W and some facilities were not recognized or identified as City facilities. City Council Regular Meeting August 20, 2019 Page 63 Ms. Edwards advised that Staff was seeking guidance and direction on the labeling of the identification signage at the Winchester facilities. Council Member Anthony stated that in 1985, a motion was made to name the Meeting Room the "Bazemore Meeting Room." She stated that she had checked and it had not been changed since that time. Council Member Anthony stated that she had spoken with Mrs. Sandra Bazemore and had received a text from her that the Bazemore name was for the Meeting Room not the building. She stated that they were trying to appreciate and realize that this was a historic neighborhood. Council Member Anthony read the following text message received from Mrs. Bazemore: "Since I was married to Phil Bazemore, I know with certainty that the name of the Winchester Community Center was not replaced to be a Bazemore Community Center. That name is incorrect. It never should have been changed. Phil's name was dedicated to the Bazemore Meeting Room within the Winchester Community Center. I hope this helps to clarify the error. Please do not hesitate to reach me if I can be of further assistance. I am sure that the Monroe City Council will resolve the confusion. " Council Member Keziah asked for the recommendation of the Parks and Recreation Commission. Ms. Edwards stated that the recommendation of the Parks and Recreation Commission in March 2019 was to leave the signage as currently worded. (tawe Council Member Keziah stated that back when this was done, Council Member Jordan made the motion to name the Meeting Room Building which was the entire, total building. He stated that the plaque clearly stated, "A place for all people to meet together, work together and play together." Council Member Keziah stated that there were two rooms in the building (meeting room and game room) restrooms and part of a kitchen. Council Member Keziah stated that Mr. Bazemore was one of the most important people that was ever on the Monroe City Council. He stated that Mr. Bazemore was a gentleman who was respected in Raleigh and Washington. Council Member Keziah stated that the pre-k building was Mr. Bazemore's idea. He stated that Mr. Bazemore was the one who was able to obtain the money from Congressman Robin Hayes in order for the City to remodel the Old Armory Community Center in the Quality Hill neighborhood. Council Member Keziah stated that when the City of Monroe had a problem/issue in Raleigh or Washington, Council sent Mr. Bazemore to work out the concerns. Council Member Keziah stated that Mr. Bazemore was the City's first elected member of the Board of Directors of the National League of Cities which was an honor. He stated that in his opinion, Mr. Bazemore had as much to do with moving Monroe forward because of the kind of person and gentleman he was than anyone who ever sat on Council. City Council Regular Meeting August 20, 2019 Page 64 Council Member Keziah stated that while it was the Winchester Complex, the building had always been called the Bazemore Center. He stated that changing the Bazemore Center would be a real slap in the face based on what all Mr. Bazemore had done and how he loved the community. Council Member Anthony stated that Mr. Bazemore's wife stated that the naming was incorrect. Council Member McGee stated that Mr. Bazemore's daughter, Monica York, had also advised that the name was incorrect. Council Member Anthony stated that she was not taking anything from Mr. Bazemore. She stated that Mr. Bazemore was a family friend and neighbor who helped mentor her. Council Member Anthony stated that to misuse his name was also bad. She stated that if it was not the Winchester Community Center, it was grammatically wrong to say the "Bazemore Meeting Room Room." tw Council Member Anthony commented that would be silly. Council Member Anthony provided another illustration i.e., the Sutton Park Community Center Julia Baker Meeting Room. Council Member Anthony stated that Ms. Baker was held in high esteem just like Mr. Bazemore. She stated this matter was not taking anything away from Mr. Bazemore. Council Member Anthony stated that since it was Mr. Bazemore's idea to have the Development Center that the Center be named after him. Council Member Anthony stated that this facility was in the hearts of the community. She stated that she was 71 years old and this had been the Winchester Community Center ever since she was Q0., a little girl. She stated that the Winchester Community Center was torn down. Council Member Anthony stated that the facility now stated "Winchester Complex" and it was the Winchester Community Center, Bazemore Room. She stated that the plaque was on the wall and she went out and read the other plaque because Council Member Holloway advised that it said the "Bazemore Meeting Room Building." Council Member Anthony stated that the plaque did not say that. Council Member Anthony stated that in the interest of the community, the history of the community and in the interest of being correct, she strongly suggested that Council look at the facts, look at what Mrs. Bazemore said and look at the motion made by Council Member Jordan in the Minutes. Ms. Celeste Alsbrooks stated that she had lived and played in this neighborhood all of her life. Ms. Alsbrooks stated that everyone in the community was talking about the sign because that was not what they recalled it to be. She stated that it had always been the Winchester Center. Ms. Alsbrooks stated that the sign could easily be changed as it was a major concern to the people in the community. She stated that she did not see how this could not be changed back if it was just a renaming of a sign. Ms. Alsbrooks stated that she thought there would have been more discussion on changing the name from the Winchester Community Center to the Bazemore Center. She stated that she just drove past the facility and there was a sign with the new name. Ms. Alsbrooks stated that she did not recall any discussion about it. Ms. Alsbrooks stated that with all due respect to Mr. Bazemore, she looked at the Center as the Winchester Community Center. She stated that the name itself meant something to the people that City Council Regular Meeting August 20, 2019 Page 65 lived over there. Ms. Alsbrooks stated that she did not feel it was right to just rename the facility another name. She stated that she would like to see the sign changed back even if it meant holding a fundraiser to raise funding to change the sign back. Mr. Tony Autry stated that the community was great and he was not trying to take anything away from Mr. Bazemore and what all he had going on there. Mr. Autry stated that the community would like for it to be the Winchester Community Center. He stated that he felt that this would be a good thing for the community. Mr. Autry stated that new people and new generations had come about. He stated that he knew it was the Winchester Community Center and he was familiar with the area. Mayor Kilgore stated that he was surprised that there were not more people from the community present to speak on the issue. He stated that he would like to hear what the community had to say. Mayor Kilgore stated that there had only been two people from the community speak tonight. Council Member Jordan stated that he remembered when this was going and it was a source of controversy to name the Meeting Room after Mr. Bazemore. He stated that the Mayor at that time, spoke with him and wanted to get him onboard with the naming. Council Member Jordan stated that there were several people from the community who called him who were not in favor of naming the Meeting Room after Mr. Bazemore. Council Member Jordan stated that George Miller put together a committee of people one of which was Annie Cherry. He stated that the committee came up with suggestions of names other people that taught at Winchester whose names might be put on other buildings there. Council Member Jordan stated that there were suggestions to name the gym after Mr. Chase and a name was submitted to name the building that housed the three-year old head start program. Council Member Jordan stated that Jeanette Sherrod told him that she did not want the pool named after Mr. Sherrod because she was always afraid that the City might fill the pool in and it would no longer have a significant value. He stated that they were looking at possibly an office area in the gym that could be named the Robert Sherrod Office Area or maybe the Ceramics Building because in his last days, he spent a lot of time there. Council Member Jordan advised that a suggestion was made to even name the Ceramics Room after Rosa Bell. Council Member Jordan stated that hopefully one day, someone would think of an appropriate name to put on the new head start building on Winchester. He stated that maybe one day there would be a name that could be put on the early head start building, the first part of the complex that was built that phased over on Fairly Avenue. Council Member Jordan stated that one of the other reasons that it was important to him that Council holdout the Winchester name as the Center itself was because there had been talk at one time about putting a playground over there where the ballpark was located. He stated that a lot of people did not know the significance of the ballpark at the Winchester Center. Council Member Jordan stated that he could remember as a small child riding through new town on Friday and Saturday nights and seeing the guys out there smacking that ball and knocking out windows in City Council Regular Meeting August 20, 2019 Page 66 Winchester. He stated that this was a gathering place for their community because they were not tw welcome anywhere else. Council Member Jordan stated that there were teams that were there from different areas of Union County as well as other small cities and counties. He stated that this was a source of recreation and a source of pride for their community. Council Member Jordan stated that if the City was going to rebuild the area, Council needed to build it from a source that everyone was familiar with. He stated that he thought that it would do the entire community good and make them proud. Council Member Jordan stated that he did not want to take anything from P.E. Bazemore but the Meeting Room was named after him and as Council named other buildings in the Winchester area, Council needed to have a name that encompassed what the entire area was which was the Winchester Center. Council Member Jordan stated that was how he remembered all of this happening. He stated that there was a lot of controversy at that time because he had people from the community that did not want him to vote for the name. Council Member Jordan stated that at that time, he was a young Council Member and he was led to believe that consensus was built by sometimes giving in and doing the bigger thing and that was what he called himself doing. However, he said that now, he wanted to support the community by having a sign that said the "Winchester Center" and have the Bazemore Meeting Room as a part of the larger sign that said Winchester Center. Council Member Holloway stated that he knew Mr. Bazemore many years ago when he had a career in the banking business. He stated that this was public record; therefore, he was not revealing any confidences that they had back then. Council Member Holloway stated that Mr. Bazemore was a finer customer of the old American Bank and Trust Company. He advised that a handshake was good with Mr. Bazemore, he was a good man, he was a man of his word, he worked hard, everyone knew of his record with the Agricultural Extension Service and what he went through and the different peoples' lives he touched. Council Member Holloway stated that the actual sign on the outside of the building stated "Bazemore Meeting Room" which referred to the building. He stated that if you went to Wells Fargo, their sign read "Wells Fargo" not the "Wells Fargo Building." Council Member Holloway stated that Council Member Jordan made the motion and he understood where he was coming from. However, he felt that Council needed to look at the fact that this had always been referred to as the "Bazemore Center." Council Member Holloway stated that Council Member Anthony had mentioned a couple of times that the Meeting Room was named for Mr. Bazemore's wife. He stated that the building itself was named for Mr. Bazemore and the Meeting Room inside for his wife. Council Member Holloway stated that if it pleased everyone, why not go back to the original name of the "Bazemore Meeting Room Building" that Council Member Jordan suggested in 1985 and that was on the outside of the building. City Council Regular Meeting August 20, 2019 Page 67 Council Member Anthony stated that she thought Council Member Holloway misunderstood what Council Member Jordan said. She stated that she would not put words in Council Member Jordan's mouth and would let him say it again for himself. Council Member Jordan stated that both Mrs. Bazemore and her daughter have reiterated that the Meeting Room was synonymous with Mr. Bazemore but the complex itself was the Winchester Center and they felt that the sign should reflect that. He stated that he was hoping that the City was getting ready to slow down and maybe even stop a process of gentrification that was going on in the Winchester area. Council Member Jordan stated that one of the important ways of doing that was for the community and the broader community which was Monroe, to have an identity with what Winchester meant. Council Member Jordan stated that Winchester had to do with where they came from, how they developed and hopefully how they would continue to grow and proposer as a people. He stated that for the young folks and for other people that were trying to help save the community that having it identified appropriately was the best way to go. Council Member Anthony stated that while she hated to say it, she felt it was time to say that this was not about relationships with Mr. Bazemore nor was it about all that he did. She stated that she appreciated Mr. Bazemore and respected him. Council Member Anthony stated that he served as a mentor to her. She stated that he was a family friend and neighbor and when he first moved to Monroe, he lived on Winchester Avenue. Council Member Anthony stated that this was not about power, having the power to vote, getting heads together before you get to the meeting to decide what was going to be done nor was it about making sure you voted with a friend and she was not saying that it was. She stated that this was about right and wrong, ethics and the fact that Mr. Bazemore's wife stated that the naming was incorrect. Council Member Anthony stated that this (400e was black and white. She stated that when voting, vote with character. Mr. Dan Shive, Parks and Recreation Commission Chair, stated that he was concerned and questioned why this information was not discussed at the first vote. Mr. Shive asked how much advance notice did Council have of the situation being discussed tonight. He asked why this was not considered previously because the first vote was a unanimous vote. Mr. Shive asked if a public input session be required every time Staff proposed signage. Mr. Shive stated that it did not look too good to him to have a second vote on something that was already approved. He advised that this could set a precedent for Council that if one person did not like a decision made to just bring the matter up again for another vote. Council Member Anthony stated that it was not unusual for this Council to bring something back up after it had been voted on. She stated that this particular item was not setting a precedent. Council Member Anthony stated that this was not the first time this matter had come up. She advised that she had been discussing the issue with the City Manager for almost two years because people had been asking her questions. City Manager Larry Faison advised that Council Member Anthony referred the matter to Staff r roughly a year ago. City Council Regular Meeting August 20, 2019 Page 68 Council Member Anthony reiterated that this was nothing new and advised that it was community people who had brought up the issue. She stated that Council served the citizens and the community. Council Member Anthony stated that the focus needed to be on the citizens and the community and not the feelings of Council. Mayor Kilgore stated that this matter was not new but some comments made tonight were new. He stated that he did not have a problem with the naming of the Center or the room. He stated that he wanted to vote on what the community wanted; however, he had not heard from the community. Mayor Kilgore stated that only two people had spoke on the issue. Council Member Anthony asked the Mayor if he was wanting a certain number of people to speak. Council Member McGee stated that Mr. Bazemore's family had emailed their comments. He stated that Mr. Bazemore's daughter had emailed him to change the name back to Winchester. Mayor Kilgore stated that he was prepared to vote if that was Council's desire but reiterated that he himself had not heard enough from the community. He stated Council Member McGee had heard from one person and two respectable people from the community had shared their desires. Council Member Keziah asked Council Member McGee who he had heard from. Council Member McGee stated that he had heard from Monica York. Council Member Keziah stated that Ms. York was Mr. Bazemore's stepdaughter. He stated that (44� he agreed with the Mayor that if the community was all excited about the name, he would think that there would be a room full of representatives rather than two people. Council Member Keziah stated that Mr. Bazemore had one daughter, Ina Horn. Council Member Anthony stated that Ms. York was Mr. Bazemore's stepdaughter. Council Member Keziah stated that Ms. York was not Mr. Bazemore's biological daughter and if someone wanted to ask about the name, they needed to check with his daughter, Ms. Horn. Mayor Kilgore stated that he was all for doing what the community wanted. Council Member Anthony stated that people did not get much closer to a person than a spouse and Mrs. Bazemore had provided her input. Council Member Keziah stated that they were divorced. Council Member Holloway stated that this matter had been through the Parks and Recreation Commission, the General Services Committee and City Council. He stated that he was proud to second Council Member Anthony's motion to keep the name the Bazemore Center. Council Member Anthony stated that she did not make a motion to keep it the Bazemore Center. City Council Regular Meeting August 20, 2019 Page 69 Council Member Holloway reminded Council Member Anthony that this item was on the Consent (, section of the April 2, 2019 City Council Regular Meeting Agenda which she made the motion to approve. Council Member Anthony stated that Council Member Holloway was at the Winchester Neighborhood Committee Meeting when this was discussed. She stated that at that time, Council Member Holloway stated that he did not see what the big problem was with changing it. Council Member Holloway stated that he had been told and Council Member Anthony had been misinformed about the naming. He advised that Council Member Anthony stated that the Meeting Room had always been the Winchester Center and that was not the case. Council Member Anthony stated that it had always been the Winchester Center to her. She stated that she grew up there, was born on that street and went to school there 12 years and from 1953 to 1965, it was the Winchester Center. Council Member Anthony stated that she lived in the area and Council Member Holloway probably just drove through the area. Council Member Holloway told Council Member Anthony not to misunderstand him. He stated that he was referring to the building where the Winchester Neighborhood Committee Meetings were held. Council Member Holloway stated that when Council Member Jordan suggested that he serve on the Winchester Neighborhood Committee, he was told that the Committee met at the Bazemore Center. (61we Council Member McGee stated that the Winchester Neighborhood Committee did meet in the Bazemore Meeting Room. Council Member Holloway stated that when Council Member Anthony was talking about Winchester, she was talking about the entire complex. Council Member Anthony stated that she said Winchester Community Center, she was talking about the Winchester Community Center. She stated that when she was talking about the Winchester gym, she was talking about the gym and when she was talking about Winchester ceramics, she was talking about ceramics. Council Member Holloway made a motion to table the matter to October 1, 2019. Council Member Keziah seconded the motion. Council Member Anthony stated that this was really ridiculous. Council Member McGee asked why the matter was being tabled. Council Member Holloway stated that the matter was being tabled to allow the public to provide more input as outlined previously by Mayor Kilgore. City Council Regular Meeting August 20, 2019 Page 70 Council Member McGee stated that Council Members were at the Winchester Neighborhood Committee Meeting where the community provided input about what they wanted to do. He asked (, Council Member Holloway if he remembered that. Council Member Holloway stated that was one aspect of the community. He stated that perhaps there were people that had moved out of the Winchester community that did not have an opportunity to provide input at the Winchester Neighborhood Committee Meeting. Mayor Kilgore called for the vote. The motion to table the matter to the October 1, 2019 City Council Regular Meeting to allow the community to provide public input per the City's Naming of Public Facilities and Lands in Recognition of Individuals Policy passed with the following votes: AYES: Council Members Holloway, Keziah, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: Council Members Anthony, Jordan and McGee City Attorney Shah -Khan advised that Staff would again post notice of the public input session to be held at the City Council Regular Meeting of October 1, 2019. Council Member Anthony stated that the vote was no surprise. Mayor Kilgore stated that he was ready to vote for what the community wanted. Council Member Anthony stated that Council's loyalty should be to the City and not to each other. Mayor Kilgore stated that he agreed. Council Member Jordan asked if a petition was allowable for the community to express their desire on what they wished to see happen in the area. City Attorney Shah -Khan stated that a petition was permissible under the City's Naming of Public Facilities and Lands in Recognition of Individuals Policy. However, he advised that at this point, Council already had one process being acted upon from the request of the Winchester Neighborhood Committee and the request of Council Member Anthony. City Attorney Shah -Khan stated that if members of the community wished to provide their own request for naming, they could do that as well. Council Member Jordan stated that the reason he was asking this question was that the Mayor had said that he had not heard from the community. He felt that if a petition could be put together that people from the community could sign their name along with their address. He stated that Council might even want to look at the geographical area that they wanted to cover. Council Member Jordan stated that this was not something that just impacted the people who lived on Winchester Avenue, Boyte Street, English Street or Adams Street. He stated that this was something that impacted black folk all over Monroe. Council Member Jordan stated that if someone had lived in City Council Regular Meeting August 20, 2019 Page 71 Monroe for the last 30 or 40 years, there was good possibility that their roots were in Winchester regardless of a person's current address. He stated that the people who had a kinship to Winchester should be allowed to sign a petition and have that petition presented as an official document so that anyone who had doubts about what the community felt would then what the community felt. City Attorney Shah -Khan advised that the Policy stated, "Preliminary consideration of naming proposals by City Council may be initiated by any citizen ... " He advised that Staff would suggest that if members of the community wished to provide that input to Council in advance of the October 1, 2019 City Council Regular Meeting, perhaps this could be done so that this would be published as a part of the City Council Regular Agenda packet. City Attorney Shah -Khan stated that this would be the appropriate way to handle the petition and help alleviate the Mayor's concern ensuring that there was input from the community. Council Member Jordan stated that he wanted to ensure that whatever the community presented was done in a timely fashion and in a manner that would be acceptable to the City Attorney's office. He stated that he did not want the community to get to the Council Meeting and have the information returned back to them because the wording or something to that effect was incorrect. Council Member Jordan stated he did not know who needed to prepare the wording for the petition. However, he felt that once the wording had been put together and the community had the opportunity to sign a petition and provide an address, hopefully this would help resolve the matter and allow Council to move on with other issues. Council Member Jordan stated that he almost said more pressing and more important issues but at this point and time for a lot of people who had a kinship with the Winchester community, there was nothing more pressing or important. (oboe Mr. Haywood Hilliard stated that the Winchester Community Meeting was held this morning and no one was aware that this matter was on Council's Agenda. Mr. Hilliard stated that he was the only one present at the Council Meeting and there were a lot of people in the area. He stated that if the name was changed from the Winchester Center, the community would be really upset. Mr. Hilliard stated that the community lived very happily with the name "Bazemore Room." He stated that the Winchester Community Meeting would be held on September 17, 2019 and he would share at this meeting that the item would be on the October 1, 2019 City Council Agenda. Mr. Hilliard stated that the community was very happy with the Winchester Center and he was surprised that this topic was being discussed. Council Member Anthony stated that Council was basically saying to the community that their opinion was not respected. Mayor Kilgore stated that he did respect the community's opinion but he had only heard from three to four opinions. Council Member Anthony stated that there was more than three or four people. She asked Mayor Kilgore how many people he would have to hear from before he would be satisfied. Mayor Kilgore stated that Council Member Jordan stated that this not only affected the current residents of the Winchester area but also affected people across Monroe who at one time had roots in the Winchester area. He stated that he did not have a problem with this comment but he did City Council Regular Meeting August 20, 2019 Page 72 have a problem voting to change a name in a community and the number of citizens who spoke tonight was not a respectable number for him to hear from a community. Council Member Anthony asked Mayor Kilgore for a respectable number. Mayor Kilgore stated that if Council Member Anthony just wanted a number, he would throw out 17,813. He stated that Council Member Anthony knew what he meant in that a respectful number of citizens from a community the size of Winchester and the others who had roots in Winchester that no longer resided in the Winchester area should have a voice in this decision. Mayor Kilgore stated that if these citizens were voicing their opinion, he would vote with them. Mayor Kilgore stated that if he brought five people from his neighborhood to say they wanted something done in the neighborhood, he would expect Council to ask what the neighbors wanted. He stated that if Council was going to vote on this matter, he felt he needed to hear from more folks. Mayor Kilgore stated that he did not know why Council Member Anthony had a problem with him wanting to hear from more citizens. Council Member Anthony stated that she did not have a problem with Mayor Kilgore. She stated that she just found it sort of funny. Item No. 20. Charlotte -Monroe Executive Airuort Cornorate Hangar Site Development Proiect. Airport Manager Peter Cevallos advised that in 2016, the Charlotte -Monroe Executive Airport requested and received Council approval for funding the development of four corporate Q00, hangar sites at the Charlotte -Monroe Executive Airport. Mr. Cevallos advised that this project would support the development of four large corporate jet aircraft hangars. He advised that these infrastructure improvements were estimated to cost approximately $950,000 to $975,000 and included grading for sites to support a minimum of 10,000 sq. ft. hangar, the three primary utilities for the four hangar sites, the paving of an access road into the area and connector taxiway entrance for each site. Mr. Cevallos advised that the construction cost for these infrastructure improvements would be reimbursed by adding the pro-rata amount for each site into the lease stream of each hangar site. Mr. Cevallos advised that with the new 12,000 sq. ft. corporate community hangar being constructed in this area, the project was released for bidding. He advised that two bids were received for the project on June 18, 2019. Mr. Cevallos advised that one of the bidders, KMD Construction, withdrew their bid due to mathematical errors and omissions. Due to the requirement to construct the necessary infrastructure to support the corporate community hangar currently under construction, Mr. Cevallos advised that the Airport Engineers, Talbert Bright & Ellington, recommended that the construction contract be awarded to the other bidder, J. D. Goodrum, as they were a responsive and qualified bidder. However, he advised that their bid amount of $1,803,900.52 exceeded the original engineer estimate and project budget of $1,000,000. Mr. Cevallos advised that this higher bid amount could be attributed to the current construction climate where the abundance of construction needs exceeded construction resources. Because of this funding gap and the need to move forward on the project, Mr. Cevallos advised that the Airport Engineers negotiated with the contractor to reduce the scope so that the immediate City Council Regular Meeting August 20, 2019 Page 73 work supported the construction of the corporate community hangar. He advised that the Airport Engineers would propose a reduction in scope that would release the contractor to install those project items that would support getting the hangar's certificate of occupancy, and then as needed, complete the remaining project items at a later date. Mr. Cevallos advised that through negotiation, the Airport Engineers were able to reduce the scope of work to a contract amount of $1,292,564 and recommended award. Mr. Cevallos advised that it was the recommendation of Staff that Council adopt a Capital Project Budget Ordinance transferring $550,000 from the City's formally assigned Fund Balance for the Airport, award the construction contract to J.D. Goodrum in the amount of $1,292,563, authorize a contingency allowance in the amount of $2,368 for this project, approve a work authorization with Talbert, Bright, & Ellington for a not -to -exceed value of $255,068.27 to provide the construction administration services for this project and authorize the City Manager to execute any and all necessary documents. A. Capital Proiect Budeet Ordinance. Council Member Keziah moved to adopt Capital project Budget Ordinance BO-2019-16: CAPITAL PROJECT BUDGET ORDINANCE CORPORATE HANGAR SITE DEVELOPMENT PROJECT CHARLOTTE-MONROE EXECUTIVE AIRPORT BO-2019-16 WHEREAS, City of Monroe, North Carolina (the "City") has determined the need to construct a bulk airplane storage; and WHEREAS, City Council approved funding in the amount of $1,000,000 for constructing the required infrastructure improvements on September 20, 2016 to support up to four corporate hangar sites at the Charlotte -Monroe Executive Airport; WHEREAS, the City wishes to authorize J. D. Goodrum the construction contract for $1,292,564 to make the infrastructure improvements; WHEREAS, the City wishes to authorize Talbert, Bright, & Ellington the contract for $255,068 for construction administration; and WHEREAS, additional funding is necessary to complete infrastructure improvements based on the bids that were submitted. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe transfer the following from the formally assigned fund balance for airport grant acceptance to Capital Project AP1702, Corporate Hangar Site Development Project: General Fund: Revenue: Appropriation from Designated Fund Balance $550,000 Expense: Transfer to Airport Capital Project Fund $550,000 City Council Regular Meeting August 20, 2019 Page 74 Airport Capital Project Fund: Revenue: Transfer from General Fund $550,000 Expense: Capital Project - Corporate Hangar Site Development $550,000 Adopted this 201' day of August 2019. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Award of Construction Contract to J.M. Goodrum. Council Member Keziah moved to award the construction contract for the Charlotte -Monroe Executive Airport Corporate Hangar Site Development Project to J.D. Goodrum Construction in the amount of $1,292,563. 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 (40." C. Contineencv Allowance. Council Member Keziah moved to authorize a contingency allowance in the amount of $2,368 for Charlotte -Monroe Executive Airport Corporate Hangar Site Development Project. 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. Work Authorization with Talbert, Bright & Ellinaton. Inc. Council Member Keziah moved to approve a work authorization with Talbert, Bright & Ellington, Inc. for a not -to -exceed value of $255,068.27 to provide the construction administration services for this project for the Charlotte -Monroe Executive Airport Corporate Hangar Site Development Project. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None D. City Manai!er to Execute Documents. Council Member Keziah moved to authorize the City Manager to execute any and all necessary documents with regard to the contract for the Charlotte - Monroe Executive Airport Corporate Hangar Site Development Project. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes City Council Regular Meeting August 20, 2019 Page 75 AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item. No. 21. Center Theatre. Assistant City Manager Brian Borne advised that Clearscapes Architects and JM Cope have requested approval of Change Order #5 related to the renovation and addition of the Center Theatre. Mr. Borne advised that the Change Order entailed: new hard coat stucco (Theatre's East wall), storm line, unsuitable soil; site waterline re-route; event lobby refraining; access door to balcony plenum; balcony seat blocking; auditorium plywood on floor; level five finish at lobby wall and deduct in the amount of $3,959.25. He advised that the total amount of Change Order #5 in the amount of $60,661.04 was requested. In accordance with Resolution R-2000-76 (Resolution to delegate authority to City Manager to approve Changes Orders in the amount allowed by North Carolina General Statutes), Council was required to authorize all Change Orders exceeding $50,000. Mr. Borne advised that this would will bring the total contract amount for construction to $5,691,627.45. Mr. Borne advised that Clearscapes and Staff recommended Council approve Change Order #5 for the Center Theatre construction in the amount of $60,661.04 and authorize the City Manager to execute any and all necessary documents with regard to Change Order # 5. He advised that there were sufficient funds in the project budget for this request. A. Chanee Order #5 with JM Cone. Council Member Anthony moved to approve Change Order #5 for the Center Theatre construction in the amount of $60,661.04. Mayor Pro Tem Anderson (40w, 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 Change Order # 5 for the Center Theatre construction. 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. 22. City Code Amendment to Create Transition Period on Removal of Term Limits on Chairs and Vice -Chairs of the Citv's Boards, Committees and Commissions. City Attorney Shah -Khan advised that following the recommendation of the Citizens Appointment Committee at its July 16, 2019 Meeting, Council amended Section 32.201(B) of the Monroe Code of Ordinances to remove a term -limit exemption for Chairs and Vice -Chairs of City boards, committees and commissions effective December 31, 2019. City Council Regular Meeting August 20, 2019 Page 76 City Attorney Shah -Khan advised that after the July 16, 2019 Citizens Appointment Committee Meeting, Staff worked to determine which chairs and vice -chairs of boards, commissions and committees would be affected by the exemption removal. With the exception of the Monroe Housing Authority and the Monroe -Union Economic Development Board of Advisors (which are governed by either state law or an interlocal agreement), City Attorney Shah -Khan advised that all chairs and vice -chairs of every City board, commission or committee would be required to leave those positions on December 31, 2019. Given the impending loss of almost all of the chairs and vice -chairs, City Attorney Shah -Khan advised that Mayor Pro Tem Anderson and Council Member Holloway requested that Staff draft an Ordinance amendment to allow for a longer transition period with the effective date to be December 31, 2020 as opposed to December 31, 2019. Council Member Anthony moved to adopt Ordinance 0-2019-39: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE III: ADMINISTRATION CHAPTER 32: BOARDS, COMMISSIONS AND DEPARTMENTS SECTION 32.201: GENERAL PROVISIONS 0-2019-39 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: Chair and vice -chair. 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, 2020, 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, 2020, being declared expired as of December 31, 2020. A chair or vice -chair with two or more full terms of service as of December 31, 2020, will be ineligible to serve as chair or vice -chair or a member of that board or commission until December 31, 2021. 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, 2020, will be considered to have completed one (1) term of service, with that term expiring December 31, 2020. The chair or vice -chair having served no less than one term and no more than 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, 2021. Section 2. This Ordinance shall be effective upon adoption. Adopted this 201' day of August, 2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting August 20, 2019 Page 77 AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore (W NAYS: None Item No. 23. Natural Gas Pipeline Recognitions. Council Member Keziah made a motion that former Council Member Bob Smith, former City Attorney Terry Sholar and former Energy Services Director Don Mitchell be honored with a plaque commemorating their hard work and efforts on ensuring the success of the City's natural gas pipeline. Council Member Keziah requested that City Manager Faison work on this request. Item No. 24. Fire Department and Police Department Appreciation. Mayor Kilgore, Mayor Pro Tem Anderson, Council Member Holloway and Council Member Keziah thanked the Fire Department and the Police Department for all the hard work that they display and put forth daily for the citizens and the City of Monroe. Council Members recognized the many achievements both Departments had received. Item No. 25. Closed Session pursuant to North Carolina General Statute Sections 143- 318.11(a)(1) and (a)(3) — Eastwood Construction, LLC: Eastwood Construction LLC, d/b/a Eastwood Homes v. City of Monroe. Council Member Holloway moved to go into Closed Session pursuant North Carolina General Statute Sections 143-318.11 (a)(1) and (a)(3) to prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes, to consult with an attorney employed or retained by the public body in order to (aw." preserve the attorney -client privilege between the attorney and the public body, to consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, mediation, arbitration, or administrative procedure, specifically in the case of Eastwood Construction, LLC and Eastwood Construction, LLC d/b/a Eastwood Homes versus City of Monroe. 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 Upon return from Closed Session, Council Member Anthony moved to return to Regular Session. 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 August 20, 2019 at 8:08 p.m. Council Member Holloway seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting August 20, 2019 Page 78 IM IM A A AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None % obby G. Kitgog , Mayor Attest: Bri4ette H. Robinson, City Clerk 0 M Oti 8 City Council Regular Meeting August 20, 2019 Page 79