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11/04/2008 Regular City Council MeetingCITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 NOVEMBER 4, 2008 - 6:30 P.M. AGENDA www.monroenc.or~ 1. City Manager Comments A. Veterans Day Events B. Charlotte Avenue and Concord Avenue Widening Project C. Call for Special City Council Meeting to be Held November 18, 2008 at 4:00 p.m. D. NCLM Green Challenge E. Polk vs. Kane and City of Monroe 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: 2. ApprovaUAcceptance of Minutes A. Minutes of Regular City Council Meeting of October 21, 2008 B. Minutes of Citizens Appointment Committee Meeting of August 19, 2008 C. Minutes of Environment and Water Resources Committee Meeting of September 16, 2008 D. Minutes of Land Development Committee Meeting of August 28, 2008 E. Minutes of Special Land Development Committee Meeting of September 10, 2008 F. Minutes of Historic District Commission Meeting of August 11, 2008 G. Minutes of Board of Adjustment Meeting of August 28, 2008 H. Minutes of Public Safety Committee Meeting of October 15, 2008 3. Ordinances A. Amending Chapter 32 of the Code of Ordinances: Boards and Commissions - Downtown Advisory Board B. Amending the Standard Specifications and Detail Manual -Water Construction - Design of Water Mains 4. Resolutions A. Authorizing Granting of a Sewer Easement to Union County for Construction of a Sewer Line/Main on City Property B. Authorizing Condemnation to Acquire Water Line Easements Over Certain Property of Spiro Kaltsounis and Boggs Properties, LLC C. Authorizing Condemnation to Acquire Water Line Easements Over Certain Property of Hill Top Development Company of Monroe, LLC Regular City Council Meeting November 4, 2008 Page 44 5. Award of Contracts A. Purchase of Various Gas Pipeline Materials B. Purchase of Hybrid Vehicles for Various Departments C. Sewer Main Rehabilitation 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. 6. Zoning Map Amendment Request by Brad and Carol Bradley for Property Located at 1103 Icemorlee Street from OT (Office Transitional) to Conditional District "Icemorlee Business Center" A. Public Hearing B. Action -Motion to Table 7. Zoning Map Amendment Request by Arlie and Doris Rushing for Property Located at 1207 Concord Avenue from R10 (Residential High Density) to Conditional District "Rushing Office" A. Public Hearing B. Action -Zoning Map Amendment C. Action -Resolution of Land Development Compliance -Conditional District "Rushing Office" 8. Funding Request to Establish Elementary School Band Program 9. Public Comment Period ~~ Regular City Council Meeting November 4, 2008 Page 45 CITY OF MONROE REGULAR CITY COUNCIL :MEETING NOVEMBER 4, 2008 - 6:30 I'.M. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on November 4, 2008 with Mayor Kilgore presiding. Present: Mayor Bobby G. Kilgore, Mayor Pro Teen 1'.E. Bazemore, Council Members John Ashcraft, Billy Jordan, Lynn Keziah, Dottie Nash, City Manager F. Craig Meadows, City Attorney Terry Sholar, and City Clerk Bridgette H. Robinson. Absent: Council Member Robert J. Smith. Visitors: Bruce Bounds, Brad Bradley, Carol Bradley, Michael Cooper, Jason deBruyn, Debra C. Duncan, Mitesh Gandhil, Katlin Haiduc, Sharon Isley, Mike Keziah, Homer Love, Ann Rushing, Arlie Rushing, Doris Rushing, and others. Mayor Kilgore called the Regular City Council Meeting of November 4, 2008 to order at 6:30 p.m. A quorum was present. . ~,. Item No. 1: City Manager Comments. City Manager Meadows briefed Council on the following: A. Veterans Day Events. The movie "The Big Red One " will be shown in the Main Street Plaza on November 6 beginning at 7:30 p.m. On November 7 and 8, the Wamor and Warbirds Airshow will be held at the Charlotte-Monroe Executive Aiirport. F~ B. Charlotte Avenue and Concord Avenue Widening Proiect. Eagle Engineering, design ( consultants for the Charlotte Avenue and Concord Avenue widening project, will be holding a public informational meeting on November 20 from 5:00 p.m. to 7:00 p.m. in the City Hall Council Chambers. C. Call for Special City Council Meeting to be Held November 18, 2008 at 4:00 p.m. City Manager Meadows advised that it was the City's turn to host the quarterly joint meeting with Union County. Staff recommended that this meeting be he]~d on November 18, 2008 at 4:00 p.m. Council Member Nash moved to call for a Special Joint Meeting with the Monroe City Council and the Union County Board of Commissioners to be held November 18, 2008 at 4:00 p.m. in the City Hall Council Chambers. The purpose of the meeting is to discuss items of mutual ~- Regular City Council Meeting November 4, 2008 Page 46 interest. Council Member Ashcraft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, :Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None D. NCLM Green Challenge. The City of Monroe received a certificate from the North Carolina League of Municipalities recognizing the City as being committed to efficient, energy- saving operations and practices and as such has achieved Level One of the NCLM Green Challenge. E. Polk vs. Kane and City of Monroe. On behalf of the Police Department, Chief Duncan thanked Council for their support in allowing the Polk vs. I;ane and City of Monroe to proceed to trial. Staff was pleased with the Court's favorable decision. CONSENT AGENDA Mayor Kilgore reviewed the Consent Agenda and asked if any member of the Council or citizen would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Written background information was provided in advance in the Council Agenda Packets for each item on the Consent Agenda. No further discussion was held. One motion and vote was taken, which included approval of all items on the Consent . _, Agenda. Item No. 2. Approval/Acceptance of Minutes. A. Minutes of Regular City Council Meeting of October 21, 2008. Council Member Nash moved to approve the Minutes of the Regular City Council Meeting of October 21, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, l~eziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Minutes of Citizens Appointment Committee Meeting of August 19, 2008. Minutes of the Citizens Appointment Committee Meeting of August 19, 2008 were received as information by Council. C. Minutes of Environment and Water Resources Committee Meeting of September 16, 2008. Minutes of the Environment and Water Resources Committee Meeting of September 16, 2008 were received as information by Council. Regular City Council Meeting November 4, 2008 Page 47 D. Minutes of Land Development Committee Meeting of August 28, 2008. Minutes of the Land Development Committee Meeting of August 28, 2008 were received as information by Council. E. Minutes of Special Land Development Committee Meeting of September 10, 2008. Minutes of the Special Land Development Committee Meeting of September 10, 2008 were received as information by Council. F. Minutes of Historic District Commission Meeting of August 11, 2008. Minutes of the Historic District Commission Meeting of August 11, 2008 were received as information by Council. G. Minutes of Board of Adjustment Meeting of August 2:8, 2008.. Minutes of the Board of Adjustment Meeting of August 28, 2008 were received as information by Council. H. Minutes of Public Safety Committee Meeting of October 15, 2008. Minutes of the Public Safety Committee Meeting of October 15, 2008 were received. as information by Council. Item No. 3. Ordinances. A. Amending Chapter 32 of the Code of Ordinances: Boards and Commissions - Downtown Advisory Board. City Attorney Sholar advised by memorandum that on April 15, 2008 Council adopted an Ordinance amending how officers of the Downtown Advisory Board ' are selected. The amendment provided that Council appoint the initial Chair and Vice-Chair of the Board. City Attorney Sholar advised that the Citizens Appointment Committee met and recommended that Council adopt an Ordinance amending the Downtown Advisory Board Ordinance to provide that Council appoint the Chair and Vice-Chair of the Board beyond the initial officers. Council Member Nash moved to adopt Ordinance 0-2008-45: ORDINANCE TO AMEND TITLE III, CHAPTER 32 OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-45 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE III, CHAPTER 32 OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. Section 32.131C. be deleted in its entirety and substituted with the following language: §32.131 MEMBERSHIP, TERMS OF OFFICE, AND OFFICERS. C. Officers. A Chair and Vice-Chair will be appointed by the City Council. Section 2. This Ordinance shall be effective upon adoption. Regular City Council Meeting November 4, 2008 Page 48 ~ Adopted this 4"' day of November, 2008. t ' Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Amending the Standard Specifications and Detail Manual -Water Construction - Design of Water Mains. Water Resources Director Russ Colbath advised by memorandum that staff had found changes that needed to be made in the Water Construction/Design of Water Mains portion of the Standard Specifications and Detail Manual. Staff recommended that Council adopt an Ordinance approving the changes. Council Member Nash moved to adopt Ordinance 0-2008-48: ORDINANCE TO AMEND TI3E CITY OF MONROE STANDARD SPECIFICATIONS AND DETAIL MANUAL 0-2008-48 BE IT ORDAINED by the City Council of the City of Monroe that the City of Monroe Standard Specifications and Detail Manual be amended as follows: 09.00 Water Construction 09.01 Design of Water Mains 09.01.05 SERVICE LINES AND METERS Add: To minimize conflicts with lot driveways, the City o].' Monroe shall require that all water and sewer services be installed with in 1 foot of the exact center of each lot and have a 2 foot separation with each other. Developer shall have a licensed surveyor place a stake in the ground to identify the exact location of the each lot's centerline and the right of way. Contractor shall use this stake to install the water and sewer services. Water and sewer services not installed with in 1 foot of the centerline shall be rejected. No water or sewer service shall be installed under a lot's driveway. If an installed water and/or sewer service is in conflict with a proposed driveway, the service will be required to be relocated at the Developer's expense. Refer to Standard Detail 10.08.01. Cross Road Services in residential subdivisions shall be 1" copper for the purposes of installing irngation services at a later date if requested. Commercial Services shall be as determined by the Water Resources Engineer. All meter types and sizes shall be approved by the Director of Water Resources based upon obtaining the highest degree of accuracy for the patterns and quantities of usage by the specific customer. Minimum water service size shall be 3/4" with a 5/8" positive Regular City Council Meeting; November 4, 2008 Page 49 displacement meter with gallons read. All new water meter installations must provide approved plastic lid with remote radio read. All new water services shall include a backflow prevention device approved by the Director in accordance with the City's cross- connection control standards. Refer to Standard Detail 10.10.00. 09.01.10 VALVING REQUIREMENTS Two valves shall be provided at tees and three valves at crosses, with valves located either at road intersection radius points or as close; to the fitting as possible. Valves shall be attached directly to tee or crosses with no offset allowed. If the line is a one way feed, the valve should be on the dead-end side of the hydrant branch. Each fire hydrant shall have a hydrant guard valve between the hydrant and the main line located according to current standard details for hydrant installations. 09.01.11 FIRE HYDRANT SPACING AND INSTALLATION Fire hydrants shall be located within 1000 feet from the homes in single family residential developments as measured along the nearest City right-of--ways. Hydrants located in residential cul-de-sacs shall be with-in 500 feet of the rear setback of the last lot as measured along the street. Fire hydrants in commercial, industrial or multi-family areas shall be located within 750 feet as measured along the nearest City right-of--ways. All fire hydrants should be located adjacent to property lines whenever practical. All fire hydrants shall be installed on water mains sized eight (8) inches in diameter or greater unless an exception is permitted by the Water Resources Engineer. ~~ 09.01.19 ENGINEERING PLAN SUBMITTAL REQUIREMENTS 3. Plan Submittals and Permitting Process: d. Construction Plan Approval and Permittir~ Process: Upon approval of the construction plans, the City of Monroe shall provide the Design Engineer a permit application with permitting guidelines. Under the City of Monroe's Self Pernutting Program, we require four (4) plan sets to be submitted along with City of Monroe's sewer application including a check in the amount of the prevailing City's fete schedule made payable to City of Monroe. Plans shall be considered approved for construction after City of Monroe review and approval has been granted. 09.02 Water Materials 09.02.03 MATERIAL SPECIFICATIONS 3. FIRE HYDRANTS A. Models 09.02.03 5. A. FIRE HYDRAN"TS MANUFACTURER MODEL # Mueller Com an Su er Centurion 200 No. 421 American Flow Control American Darlin MK73-1 East Jordan Iron Works 5 BR 25CI WATER MAIN TAPS Tapping Sleeves Fabricated steel tapping sleeves shall be fusion bonded epoxy coated to a 12-mil thickness. The sleeve shall include a test plug for pressure testing the installed Regular City Council Meetin€; November 4, 2008 Page 50 sleeve prior to making the tap. The steel outlet flange shall be Class D per AWWA C-207-ANSI 150 pound drilling compatible with approved tapping sleeve. Currently Romac SST and Smith Blair 663 Stainless Steel Tapping Sleeves or manufacturer equivalent are approved. 09.02.03 10. 1 ''/z" through 3" WATER SERVICES AND METERS D. Meters Add: Meters: 1-1/2" through 3" meters shall conform to the Standard Detail 10.09.00 and shall be bronze cold-water single jet meters unless otherwise specified by Water Resources Department. Meters shall come with apre-installed :[TR.ON 60 W ERT (Electronic Radio Transmitter series with connector. The ERT shall be pre-programmed with the City of Monroe ROCL already installed. The cable connecting the ERT and the meter shall be equipped with the latest 3M plug adaptor. The cable shall be 15 feet in length for all meters. The meter, cable, and ERT shall come completely assembled, pre-programmed at the factory, and shipped as a complete unit. The following manufacturers and models are currently approved (~ METERS MANUFACTURER MODEL # 1-1/2" 2" 3" Actaris _ WF-150 WF-200 WF-300 Flostar with Itron 60W ERT Metro-Farnier Spectrum 88 Spectrum130 Spectrum 175 ECR meter with 60W Itron ERT Lay lengths and minimum rating for maximum flow rate of the meters shall be as follows: Size Lay Length 1VIa~: Flow (minimum) 1.5 inch = 13 inch 100 gpm 2.0 inch = 17 inch 160 gpm 3.0 inch = 17 inch 320 gpm 09.03 Water Construction 09.03.25 CITY OF MONROE JOB CLOSE-OUT 1. Final Inspection: Final Inspection: Upon substantial completion of a water main. extension project. The Contractor shall contact the Water Resources Department Inspector or Representative to conduct an on-site final inspection of the :install infrastructure. All uncompleted /"'~ work, defective materials and site restoration matters shall be listed on a punch ~ ) list for the Contractor to complete before final acceptance. Upon completion of the punch list items a follow up inspection will be completed by the Water Resources Inspector. See following page for Final Water Inspection List. Regular City Council Meeting November 4, 2008 Page 51 Final Water Inspection Checklist 1. Valve Boxes & Blow Offs ^ Boxes centered over the valve or blow off. ^ Box vertical. ^ Tracer wire in the right location. O Top of valve box at proper elevation for typ. street cross section. ^ Donuts are in place on all valve boxes and blow off that are not in sidewalk area. ^ Caps on all blow offs. ^ All valves marked on curb with "V". ^ Verify all valves 100% open. 2. Water Meter Boxes: ^ Meter boxes clean with stone in 'the box. ^ Meter yoke in the proper location. (Level and Upright ) ^ Room to operate the cut off. ^ Check for flow at meter box. ^ Location of meter box marked on curb with "W". ^ Verify bypass is closed and locked on 2-inch and larger meters. ^ Verify meter box has doghouse l:or service line. 3. Fire Hydrants: ^ Painted Yellow; (Silver on private Fire lines) ^ Set at proper grade and plum. ^ Caps chains removed. ^ Opens to the left. 4. Tracer Wire: ^ Have tracer wire checked and any breaks repaired. Note: Water and Sewer construction final is conducted for the convenience of the developer so that water and sewer main can be activated after receiving engineering certifications. No water meter will be set until certification and as-builts are received. During the overall final inspection for subdivision, all water and sewer facilities will be reinspected. Warranty on water and sewer will not begin until the subdivision final inspection is complete and warranty letter as shown in 07.16 of the Standard Details Manual is issued. 10.00 Water Main Construction Details (See Attached) Revised Table of Contents Revised/Replace 10.08.00 3/a" METER INSTALLATION DETAIL Add 10.08.01 3/4" AND 1" METER PROTECTION Revised/Replace 10.09.00 1-1/2 - 3" METER DETAIL Regular City Council Meeting November 4, 2008 Page 52 10.10.00 3" - 12" METER VAULT INSTALLATION Add 10.15.00 DDCVA DETAIL 10.16.00 RDPZA DETAIL 11.00 Sanitary Sewer Construction 11.01 Design of Sanitary Sewer Mains 11.01.09 SANITARY SEWER LATERALS Sanitary Sewer Laterals shall range in size between 4G and 12-inch. The City of Monroe shall make all sanitary sewer taps on live sewer rnains unless written permission is granted by the City of Monroe Water Resources :Engineer to the Developer's Contractor to perform the tap under the inspection of the City of Monroe's onsite representative. All taps to be designed inside a residential or conunercial subdivision shall extend to the right-of--way and property line or the edge of the public utility easement. Refer to the Water Resources Standard Detail 12.13.00 for a graphical representation of construction of a standard sanitary 4-inch sewer lateral. Refer to the City of Monroe Engineering Department Standard Street Right-of--Way Details for a location description of sanitary sewer laterals. To minimize conflicts with lot driveways, the City of Monroe shall require that all water and sewer services be installed with in 1 foot of the exact center of each lot (except culdesacs) and have a 2 foot separation with each other. Developer shall have a licensed surveyor place a stake in the ground to identify the exact location of the each lot's centerline and the right of way. Contractor shall use this stake to install the sewer services. Sewer services not installed with in 1 foot of the centerline shall be rejected. No sewer service shall be installed under a lot's driveway or in low lying areas. If an installed sewer service is in conflict with a proposed driveway, the service will be required to be relocated at the Developer's expense. Add 11.01.09A 8-INCH AND LARGER SEWER LATERAL TESTING All proposed private sewer lines 8-inches and larger with or without manholes to serve a facility on a single parcel shall be tested per NCDENR requirements listed in these specifications for public sewer mains and manholes. The testing of the sewer main and manholes shall be observed by an appointed City of Monroe Inspector and a copy of the results sent to the Water Resources Department fo:r review. All tests must pass before the discharge of sewer from the facility will be permitted into the City's sewer collection system. 11.01.11 ENGINEERING PLAN SUBMITTAL REQUIREMENTS 3. Plan Submittals and Permitting Process: d. Construction Plan Approval and Permitting Upon approval of the construction plans;, thE: City of Monroe shall provide the Design Engineer a permit application with permitting guidelines. Under the City of Monroe's Self Permitting Program, we require four (4) plan sets to be submitted along with City of Monroe's sewer application including a check in the amount of the prevailing City's fee schedule made payable to City of Monroe. Plans shall be considered approved for construction after City of Monroe review and approval has been granted Regular City Council Meeting November 4, 2008 Page 53 11.03 Sanitary Sewer Main Construction Revised 11.03.10 COMPACTION REQUIREMENTS Compaction Within Road and Railway Rights-of--Way: a. Unless otherwise directed by the Water Resources Engineer, all material from the bottom of trench to within twelve (12) inches of the subgrade shall have an in-place density of 95% of the maximum dry density as defined by a standard proctor curve for the material. b. All material within twelve (12) inches of the subgrade level shall have an in place density of 100% of the maximum dry density. Revised 11.03.23 CITY OF MONROE JOB CLOSE-OUT The City of Monroe Water Resources Department requires the following procedures be completed before the activation of sanitary sewer main extension. 1. Final Inspection: Contractor shall contact the Water Resources Department Inspector or Representative to conduct an on-site final inspection of the install infrastructure. See following page for Final Sewer Inspection List. All uncompleted work, defective materials and site restoration matters shall be listed on a punch list for the Contractor to complete before final acceptance. Upon completion of the punch list items, a follow up inspection will be completed by the Water Resources Inspector. All sewer main installation work in subdivisions ~--~ shall be covered by the warranty conditions established by the City of Monroe Engineering Department and shall adhere to all conditions listed by the Engineering Department. Final air test of .public and private sewer mains and service laterals along with final certification vrill not be accepted until all utilities are installed. The developer has the option to expedite the acceptance process prior to the installation of all utilities by agreeing to perform closed circuit television (CCTV) inspection at the conclusion of construction and to repair problems identified by the CCTV to the sewer mains and service laterals. Acceptance of the sewer certification will enable the City of Monroe to accept final certification of water, streets, and stornn drainage. All testing, air test or CCTV, shall be performed to the requirements as set forth by the Water Resources Department. Final Sewer Inspection Checklist 1. Manholes: ^ All concrete work in manhole is 1:o be completed. ^ Inverts and shelves are to be smooth with no paper hangers. ^ No water ponding in invert. ^ No gravel or asphalt in manhole. ^ Steps in proper location and vertical. ^ Check Distance from top of cone to top of ring. Max distance 21 1/2 inches. ^ Manhole cover is to be clean. No asphalt on cover. Regular City Council Meeting November 4, 2008 Page 54 ^ Manhole set at proper grade. Flush with street, 1 inch above grade in grass areas. 2. Se wer Taps: ^ Check riser to see is that it is not broken. ^ Riser should be at least 2 feet above ground elevation. ^ 4 X 4 post in place. ^ Riser should be marked on curb with " X ". 3. Sewer Mains: ^ Lines are flushed and checke;d at the time they are tested. Lines are to be straight and on grade. ^ No ponding in lines. ^ No dirt or gravel in lines. 4. Sewer Outfalls: ^ R/W clean of all rocks over 2 inches in diameter. ^ All manholes at 2' +/- above grade. ^ No ponding around manholes. ^ All areas must have positive drainage across R/W. ^ Vent pipes are to be vertical anti have good paint. ^ R/W is to be seeded and mulched. Grass should be up. ^ All silt fence should be removed as soon as erosion control measures are released by controlling entity. Note: Water and Sewer construction final is conducted for the convenience of the developer so that water and sewer main can be activated after receiving engineering certifications. No water meter will be set until certification and as-builts are received. During the overall final inspection for subdivision, all water and sewer facilities will be reinspected. Warranty on water and sewer will not begin until the subdivision final inspection is complete and warranty letter as shown in 07.16 of the Standard Details Manual is issued. 12.00 Sanitary Sewer Main Construction Details (See Attached) Revised/Replace 12.13.00 SEWER LATERAL DETAIL Adopted this 4"' day of November, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 4. Resolutions. A. Authorizing Granting of a Sewer Line/Main Easement to Union County for Construction of a Sewer Line on City Property. Water Resources Director Colbath advised Regular City Council Meeting November 4, 2008 Page 55 by memorandum that as part of the renegotiated 2005 City of Monroe and Union County Water and Sewer Contract,. the County was granted an additional '700,000 gallons of capacity at the City of Monroe Waste Water Treatment Plant (WWTP). He ;advised that as a result, the County has upgraded their sewer pumping facilities and needs to install a new sewer forcemain line to the City's WWTP to accommodate the additional flow. Mr. Colbath advised that the sewer line construction will require an easement be granted on City property. Staff has reviewed the easement alignment in the field and it is satisfactory. The new sewer line will not interfere with our day to day operations or future use of the property. Therefore, staff recommended that Council adopt a Resolution granting Union County a sewer easement to allow the completion of their sewer line construction. Council Member Nash moved to adopt Resolution R-2008-101: RESOLUTION AUTHORIZING THE GRANTING OF A SEWER EASEMENT TO UNION COUNTY FOR THE CONS7CRUCTION OF A SEWER FORCEMAIN ON CITY PROPERTY R-2008-101- WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to grant to Union County a sewer line easement over certain property owned by the City of Monroe and recorded in Deed Book 188, Page 184, for the following public purposes: To permit Union County to install a sewer force main on City property and add additional sewer capacity to their system as per the 2005 Water and Sewer Agreement between Union `--' County and the City of Monroe. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: 1. The location and dimensions of the easement hereinafter described is the most direct, practical route for Union County to be on City property. 2. The City of Monroe is satisfied the location of the easement shall not interfere with City of Monroe's operation of the Waste Water Treatment Facility or t:he sewer collection system. 3. City does hereby approve and grant to Union County th.e requested easement substantially in compliance with that recommended by staff and the Mayor or City Manager is hereby authorized to execute all necessary instruments conveying the easement to Union County. Adopted this 4th day of November, 2008. Council Member Keziah seconded the motion, which pa:>seci unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regular City Council Meeting November 4, 2008 Page 56 B. Authorizing Condemnation to Acquire Water Line Easements Over Certain Property of Spiro Kaltsounis and Boggs Properties, LLC. Water Resources Director Colbath advised by memorandum that Council previously approved a capital improvement project to extend the second phase of the raw water main extension from Lake Lee to Lake Twitty. This project is needed to replace the existing raw water main installed in the 1920s. The new raw water main will provide the continued ability to transfer raw water from Lake Lee to Lake Twitty, when necessary as part of the Water Resources Department's normal operations. Mr. Colbath advised that the project required the acquisi~tiorl of ten water line easements. To date, City staff and the right-of--way agents hired for the p~roj ect have been successful obtaining eight easements. However, negotiations to date with Spiro Kaltsounis and Boggs Properties, LLC for a required easement have been unsuccessful. M:r. Colbath advised that this easement ~1 was required to complete the raw water main extension. Staff will continue to negotiate in good faith with the property owners in an effort to resolve this issue. In the meantime, staff recommended that Council adopt a Condemnation Resolution to allow completion of the raw water main extension necessary for the City public water supply. Council Member Nash moved to adopt Resolution R-2008-100: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE WATER LINE EASEMENTS OVER CERTAIN PROPERTY OF SPIRO KALTSOUNIS AND BOGGS PROPERTIES, LLC R-2008-100 ~`~ WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire a water line easement over certain property owned by Spiro Kaltsounis and Boggs Properties, LLC and recorded in Deed Book 1691, Page 654, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound water system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its water lines and related facilities over the property hereinafter described to provide service to the City of Monroe as authorized by North Carolina General Statutes 160A-312 and required by N.C.Ci.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITX COUNCIL OF THE CITY OF MONROE, THAT: 1. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. 2. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that certain parcel of land (hereinafter "premises") situated in the City of Monroe, Union County and State of North Carolina and more Regular City Council Meeting November 4, 2008 Page 57 fully described in Deed Book 1691, Page 654 Union County ][registry, and to construct, maintain and operate water lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated her ein by reference. The following rights are also to be acquired by condemnation: a) To enter said premises to inspect said lines. b) To perform necessary maintenance and repairs. c) To make alterations and additions thereto. d) To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance and operation of said lines. e) To install manholes, valves, pipe, fire hydrants and other necessary appurtenances. f) To regulate, restrict or prohibit any future building (construction or structure) within the easement. g) To regulate, restrict or prohibit any changes of grade within the easement. ~'~ h) The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shalll be over the nearest most practical route or routes to said easement. 3. The attorneys representing the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including the Notice of Condemnation to acquire the property interest herein described and to use the quick take provisions of N.C.G.S. 40A-42 (a). Adopted this 4`" day of November, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, ]~eziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Authorizing Condemnation to Acquire Water Line Easements Over Certain Property of Hill Top Development Company of Monroe, LLC. Water Resources Director Colbath ~~ advised by memorandum that staff was working on a capital improvement project to extend the second phase of the raw water main extension from Lake Lee to Lake Twitty. Staff has required eight of the ten water line easements; however, negotiations to date with the Hill Top Development Company of Monroe, LLC for a required easement have been unsuccessful. Mr. Colbath advised that this easement is required to complete the raw water main extension and recommended that Council adopt a Condemnation Resolution to allow the:completion of the raw water main extension necessary for the City public water supply. Staff will continue to negotiate in good faith with the property owner in an effort to resolve this issue. Council Member Nash moved to adopt Resolution R-2008-99: Regular City Counci] Meeting November 4, 2008 Page 58 RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE WATER LINT: EASEMENTS OVER CERTAIN PROPERTY OF HILL TOP DEVELOPMENT COMPANY OF MONROE, LLC R-2008-99 WHEREAS, the governing body of the City of Monroe hereby determines that it is necessary and in the public interest to acquire a water line easement over certain property owned by Hill Top Development Company of Monroe, LLC and recorded in Deed Book 3151, Page 748, for the following public purposes: To protect and promote the public health, to provide the public with an adequate and sound water system, and to improve such system to meet the need for expanded or upgraded services and specifically to extend its water lines and related facilities over the property hereinafter described to provide service to the City of Monroe as authorized by North Carolina General Statutes 160A-312 and required by N.C.Ci.S. 160A-47 and 49. WHEREAS, the City of Monroe has been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONROE, THAT: 1. The location and dimensions of the easement hereinafter described is the most direct, practical and cost-effective route for the City's purposes. 2. The City of Monroe shall acquire by condemnation, for the purpose stated above, the property and interest described as follows: A perpetual right, privilege and easement to go in and upon that. certain parcel of -land (hereinafter "premises") situated in the City of Monroe, Union County and State of North Carolina and more fully described in Deed Book 3151, Page 748 Union County Re~;ist~y, and to construct, maintain and operate water lines and other necessary apparatus and appliances, the particular description of the right-of--way and easement is shown on a map attached hereto as Exhibit "A" and incorporated herein by reference. The following rights are also to be acquired by condemnation: 1. To enter said premises to inspect said lines. 2. To perform necessary maintenance and repairs. 3. To make alterations and additions thereto. 4. To remove from the right-of--way strip, now or at any time in the future, trees, structures or other obstructions that may interfere with the proper maintenance; and operation of said lines 5. To install manholes, valves, pipe, fire hydrants and other necessary appurtenances. 6. To regulate, restrict or prohibit any future building (construction or structure) within the easement. 7. To regulate, restrict or prohibit any changes of grade within the easement. 8. The easements shall be located and have the dimensions as shown on the above referenced map. The City's right to enter said land shall be confined to streets, roads and driveways when they exist at the time entry is necessary and when they are adequate for the City's purpose, but when they do not exist or are not adequate, such right to enter shall be over the nearest most practical, route or routes to said easement. Regular City Council Meeting November 4, 2008 Page 59 3. The attorneys representing-the City of Monroe are directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes including-the Notice of Condemnation /'~ to acquire the property interest herein described and to use the quick take provisions of N. C. G. Adopted this 4`" day of November, 2008. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 5. Award of Contracts. A. Purchase of Various Gas .Pipeline Materials. Energy Services Director Don Mitchell advised by memorandum that staff received bids on October ~: for the various piping and fittings for the inter-county pipeline. After review of the bids, staff recommended that Council award the bids as follows: 35,400 ft 4" HDPE Pipe to Consolidated Pipe in the amount of $102,306; 14,500 ft Outer Conduit to Stuart C. Irby in the amount of $36,975; 230,700 ft 1-1/4" Fiber Conduit to Stuart C. Irby in the amount of $78,438; 7 - 12" Cameron Block Valves to Ed Young Sales~in the amount of $87,633; 6 - 8" Cameron Block Valves to Ed Young Sales in the amount /~ of $45,012; 23 Fiber Optic Junction Boxes to Stuart C. Irby in the- amount of $19,803; and, 200 1 Surface Markers Warning to Stuart C. Irby in the amount of $2,260. The total amount of all ~---- contracts to be awarded is $372,427 and there are sufficient: funds budgeted for these items. Mr. Mitchell advised that the 4" HDPE pipe as quoted from Stuart C. Irby did not match the DOT standards as called for in the specifications. Therefore, the award for this particular line item is made to Consolidated Pipe. The warning markt:rs are awarded to Stuart C. Irby to minimize administrative costs of generating and tracking an additional purchase order for the difference in cost. Council Member Nash moved to .award the various piping, and fittings for the inter-county pipeline as follows: 35,400 ft 4" HDPE Pipe to Consolidated Pipe in the amount of $102,306; 14,500 ft Outer Conduit to Stuart C. Irby in the amount of $36,975; 230,700 ft 1-1/4" Fiber Conduit to Stuart C. Irby in the amount of $78,438; 7 - 12''' Cameron Block Valves to Ed Young Sales in the amount of $87,633; 6 - 8" Cameron Block Valves to Ed Young Sales in the amount of $45,012; 23 Fiber Optic Junction Boxes to Stuart C. Irby in the amount of $19,803; and, 200 Surface Markers Warning to Stuart C. Irby in the amount of $2,260. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, l~eziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: -None Regular City Council Meeting November 4,.2008 Page 60 B: Purchase of Hybrid Vehicles for Various Departments. Finance and Administration Director Jim Fatland advised by memorandum that staff received bids on October 29 for hybrid vehicles for various divisions. He advised that the Request for Quotes was based on the anticipation that bids would be offered that would allow all budgeted hybrids to be of one type and size. The City has budgeted for up to nine hybrids in thhis fiscal year. Staff researched the possibility of all manufacturers and found that Toyota was the only manufacturer capable, or willing, to commit to the nine hybrid vehicles possibly needed by the City. Budgets will be double checked to ensure that each. division is not over extended by this proposal. Staff recommended that Council award the bid for nine hybrid vehicles for various City departments to Town & Country Toyota for the sum of $31,177 each. Council Member Nash moved to award the bid for nine hybrid vehicles for various City departments to Town & Country Toyota for the sum of $31,177 each. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, ]Keriah, Nash, Mayor Pro Tem Bazemore, and Mayor 1{ilgore NAYS: None C. Sewer Main Rehabilitation. Water Resources Director Colbath advised by memorandum that staff had conducted aggressive sewer rehabilitation and inflow and infiltration removal programs for the past several years. The program consists of smoke testing, closed circuit camera inspection, manhole rehabilitation, sewer main replacement by internal crews via pipe bursting, and sewer main rehabilitation using cured in place linings installed by contractors. He explained that for the past five years, the City has used annual contracts with Insitufonm Inc. to perform the cured in place sewer main lining. Insituform vras originally selected as the preferred contractor due to competitive piggy back bid evaluation. Additionally, Insituform was known to be the industry leader in using this sewer rehabilitation technology. Mr. Colbath advised that these annual contracts have been less than $100,000 and staff has been able to negotiate annual agreements with Insituform where they maintained the same unit pricing for their work. Mr. Colbath advised that this year due to the number of sewer mains found that are in need of urgent repair, staff was proposing to enter into an annual contract with Insituform for 1,167 feet of 6-inch sewer main lining and 2,330 feet of 8-inch sewerr main lining at various locations throughout the City. Locations of mains to be rehabilitated include the following streets: Walnut, Winchester, Franklin, Jefferson, Lane, Davenport:, Harris, and Parker. Insituform has agreed to honor their pricing from 2007 in an effort to keep the City's business. Staff believes the City will receive the highest value and quality of product by using Insituform for the proposed work. Staff recommended that Council award a contract bid for the above-described sewer rehabilitation work to Insituform Inc. in the amount of $127,918, authorize a 2% contingency allowance for this project, authorize the City Manager to make contract changes up to this amount if needed, and also authorize the City Manager to execute the contract on behalf of the City. Budgeted funds are available. Regular City Council Meeting November 4, 2008 Page 61 Council Member Nash moved to award the contract bid for mains to be rehabilitated on Walnut Street, Winchester Avenue, Franklin Street, Jefferson Street, Lane Street, Davenport Street, Harris Lane, and Parker Street in the amount of $127,918, authorize a 2% contingency allowance for this project, authorize the City Manager to make contract changes up to this amount if needed, and also authorize the City Manager to execute the contract on behalf of the City. Budgeted funds are available. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, :Keziah, Nash; Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None - REGULAR AGENDA Item No. 6. Zoning Map Amendment Request by Brad and Carol Bradley for Property -Located at 1103 Icemorlee Street from OT (Office Transitional) to Conditional District "Icemorlee Business Center." A. Public Hearin. Mayor Kilgore opened the duly advertised public hearing. Planner Ann Rushing stated that this was a zoning map amendment request by Brad and Carol Bradley for 0.511 acres located at 1103 Icemorlee Street from OT (Office Transitional) to Conditional District "Icemorlee Business Center" in order to allow retail sales or food related uses. Ms. Rushing advised that adjacent properties are zoned OT (Office Transitional), R-10 (Residential High-Density), and GI (General Industrial). This request has met all the requirements of the Unified Development Ordinance. Staff and the Planning Board recommend approval of the request. Council Member Jordan asked what compatible use this rezoning would allow that was not currently allowed. Ms. Rushing advised that this would allow the applicant to have a tienda. Council Member Jordan asked what other businesses were currently located in this center. Ms. Rushing advised that the three other units housed the applicants' business office, a language center, and an afterschool program. The tienda would occupy the last unit. Ms. Carol Bradley, applicant, stated that it was her understanding that some of the opposition centered around the tienda taking business away from another store and-the feeling that there were already too many Hispanic/Latino stores in the area. Ms: Bradley felt that having stores in the area showed that the economy was strong enough to keep several businesses moving. The proposed tienda would have miscellaneous items such as ~pre~packaged foods, corn mill, drinks, candy, etc. She stated that revitalization of this area was one of her goals and she felt that approval of-the rezoning request was a step in that process. Mr. Mitesh Gandhil spoke in opposition of the rezoning. He expressed concern that approval of this rezoning would negatively affect his business located. at 1101 Icemorlee Street. He Regular City Council Meeting November 4, 2008 Page 62 requested that before Council made any decision that they take into consideration the current status of the economy and the problems this would bring about for the small businesses in the area as well as for their employees' families. Mr. Michael Cooper spoke in opposition of this request and expressed concern with the area already being over populated with restaurants and food chains. Mr. Homer Love spoke in opposition of the rezoning and expressed concern with the additional traffic that would be generated by this rezoning. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action -Motion to Table. Mayor Pro Tem Bazemore made a motion to table the matter until November 18, 2008 to allow additional time to review the request. Council Member Ashcraft seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None City Attorney Sholar reiterated that the public hearing w;as closed and that no additional information could be received. Item No. 7. Zoning Map Amendment Request by Arlie and Doris Rushing for Property Located at 1207 Concord Avenue from R10 (Residential High Density) to Conditional District "Rushing Office." A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Planner Ann Rushing stated that this was a zoning map amendment request by Arlie and Doris Rushing for 12,542 square feet of property located at 1207 Concord Avenue from R10 (Residential High Density) to Conditional District "Rushing Office" in order to allow a florist shop and underlying OT (Office Transition) uses. Ms. Rushing stated that the property was currently vacant and the adjacent properties are zoned R10 (Residential High Density) and OT (Office Transiti.on;l. She advised that the rezoning would require some improvements to be made to the site, which include the following: all driveways, loading area and parking lot shall be paved and provide access off of Benton Street; a 20 foot landscaped buffer that consists of five canopy trees. per 100 linear feet and 20 shrubs per 100 linear feet that abut residentially zoned properties shall be provided; an eight foot streetscape buffer that consists of three canopy trees and 20 shrubs per 100 linear feet shall be provided and parking lot landscaping of one canopy tree and six shrubs for every 12 parking spaces or 2,000 square feet of gross floor area. Ms. Rushing advised that tree applicant met all site improvements and the proposed development does not lie within a watershed or floodplain. Staff and the Planning Board recommended approval of the request. Regular City Council Meeting November 4, 2008 Page 63 Mr. Arlie Rushing, applicant, stated that the property was purchased approximately three months ago and that he understood the conditional district requirements. Mr. Rushing stated that traffic would ingress and egress onto Benton Street, therefore it would not cause traffic concerns on Concord Avenue. He requested that Council approve the request. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action -Zoning Map Amendment. Council Member Ashcraft moved BE IT ORDANIED that this property be rezoned from R10 (Residential High Density) to Conditional District "Rushing Office." Mayor Pro Tem Bazemore seconded tl>,e motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, ]Ke~;iah, Nash, ' Mayor Pro Tem Bazemore, and Mayor ]{ilgore NAYS: None C. Action -Resolution of Land Development Plan Compliance -Conditional District "Rushing Office." Council Member Ashcraft moved to aoloplt Resolution R-2008-92: RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "RUSHING OFFICE" R-2008-92 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and deternune that the adoption of the zoning map amendment for Conditional District "Rushing Office" further described below property is consistent with the adopted Land Development Plan and that the approval of the zoning map amendment for following described property is reasonable and in the public interest due to its consi:;tency with the Land Development Plan and, as a result, its furtherance of the goals and objectives of tlhe Land Development Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe approves the zoning map amendment for property with Union County Tax Parcel Number: 09-226- 169A. Adopted this 4`h day of November, 2008. Mayor Pro Tem Bazemore seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, ]Keziah, Nash, Mayor Pro Tem Bazemore, and Mayor IKilgore NAYS: None Item No. 8. Funding Reauest to Establish Elementary School Band Program (Action Deferred from October 7. 2008 AQenda). City Manager Meadows advised that the City had received a funding request from Jim Hill, Director of Bands for Monroe elementary schools, to purchase musical instruments for the four elementary ;>chools in Monroe. This item was continued from the October 7, 2008 regularly scheduled City Council meeting pending review of Regular City Council Meeting November 4, 2008 Page 64 General Fund Unappropriated Furid Balance for the year ended June 30, 2008. City Manager Meadows advised that staff has been notified that the Union County School System will be providing up to $39,000 to fund band instruments for the elementary schools in Monroe. ~' ~~ Based on this information, there was no action from Council. Item No. 9. Public Comment Period. There were no speakers. There being no further business, the Regular City Council Meeting of November 4, 2008 adjourned at 7:02 p.m. Attest: G S Bri tte H. Robinson, City Clerk ~ob y ilgore, ayor ~y QF Mp~~ V ~~ 8 ~ + ~ 44 ,, ~ , \H CA~ Regular City Council Meeting November 4, 2008 Page 65