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09-17-2019 City Council Regular MeetingA A CITY OF MONROE CITY COUNCIL REGULAR MEETING 300 WEST CROWELL STREET MONROE, NORTH CAROLINA 28112 SEPTEMBER 17, 2019 — 6:00 P.M. AGENDA www.monroenc.org RECOGNITIONS 1. Proclamation Observing Public Power Week 2. Public Comment Period A. Loretta Melancon CONSENT AGENDA The City Council uses a Consent Agenda to consider items that are non -controversial and routine. The Consent Agenda is acted upon by one motion and vote of the Council. Items may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council Member or Citizen with consent of Council. The Consent Agenda contains the following items: 3. Annexation Request and Related Zoning Public Hearing Call for Property Containing 11.25 Acres Located on Airport Road A. Resolution Directing Clerk to Investigate Petition Received under G.S. §160A-31 B. Resolution Fixing Date of Public Hearing to be Held October 1, 2019 on Question of Annexation pursuant to G.S. § 160A-31 C. Call for Public Hearing to be Held October 1, 2019 to Consider Zoning Map Amendment Request to Rezone Property from Union County Light Industrial (LI) to General Industrial (GI) in the City of Monroe, Section 156.106 titled "Official Zoning Map" 4. Call for City Council Special Joint Strategic Planning Meeting with Planning Board to be Held September 24, 2019 at 4:30 p.m. 5. Call for Public Hearing to be Held October 1, 2019 to Consider Economic Development Aircraft Incentive Grant to Confidential Company (Project X-Wing) 6. Capital Project Budget Ordinance for Electric Stabilization Fund and Designated Future Capital Project Fund for North Carolina Municipal Power Agency 1 Excess Working Capital Credit 7. Certification of Tax Base and Tax Charge for 2019-2020 8. City Facilities Janitorial Services A. Termination Agreement with American Facility Services City Council Regular Meeting September 17, 2019 Page 94 B. Award of Contract to Greens Commercial Cleaning C. City Manager to Execute Documents 4W 9. Minutes and Reports A. Disbursement of Fiscal Year 2019-2020 City Council Discretionary Funds 1) Mayor Pro Tem. Gary Anderson 2) Council Member Surluta Anthony 3) Mayor Bobby Kilgore 4) Council Member Franco McGee B. Financial Reports for August 2019 C. Fund Balance Update D. Minutes of City Council Meetings of August 20, 2019 E. Minutes of Downtown Advisory Board Meeting of April 30, 2019 F. Minutes of General Services Committee Meetings of July 18, 2019 and August 15, 2019 G. Minutes of Planning Board Meeting of August 21, 2019 (Draft) H. Minutes of Public Safety Committee Meeting of July 15, 2019 I. Summary of Contracts Awarded, Change Orders Approved and City Manager's Settlement of Claims 1 .0 1 10i11 W-1-aU" 0PCVI 1 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. 10. Abandon Section of North Crawford Street Between Jefferson Street and Crowell Street A. Public Hearing B. Action — Resolution to Abandon 11. 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" A. Action — Resolution Denying Land Development Plan Compliance B. Action — Motion Denying Zoning Map Amendment 12. Zoning Map Amendment Request to Rezone Property Located on Medlin Road from Conditional District "1122 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" A. Action — Resolution Approving Land Development Plan Compliance City Council Regular Meeting September 17, 2019 Page 95 B. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:106 titled "Official Zoning Map" C. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:98 titled "Conditional Districts Established" 13. 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" A. Action — Resolution Denying Land Development Plan Compliance B. Action — Resolution Approving Land Development Plan Compliance C. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:106 4 titled "Official Zoning Map" D. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:98 titled "Conditional Districts Established" 7 LA 14. 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 15. Change of Date for City Council Meetings of November 5, 2019 City Council Regular Meeting September 17, 2019 Page 96 CITY OF MONROE CITY COUNCIL REGULAR MEETING 4 SEPTEMBER 17, 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 September 17, 2019 with Mayor Bobby Kilgore presiding. Present: Mayor Bobby Kilgore, Mayor Pro Tem Gary Anderson, Council Member Surluta Anthony, Council Member Marion Holloway, Council Member Billy Jordan, Council Member Lynn Keziah, Council Member Franco McGee, City Manager E.L. Faison, City Attorney S. Mujeeb Shah -Khan and City Clerk Bridgette H. Robinson. Absent: None. Visitors: Rhonda Bishop, Rudolph Bishop, John Thomasson, Bonnie Pomponio, Etta Kees, Eric Smith, Sandra Anderson, William Brown, Acton Plyler, Vye Wight, Beth Lingle, Julie Broome, Gina Barbee, Marty Barbee, Pat Quinn, Bob Yanacsek, Jonathan Hess, Brad Walsh, Richard Ali, David Shelc, Trina Braswell, Tony Autry, Michele King, Donna Knapp, Linda Knapp, Dennis Moser, Michael Junghansm (400., Jerry Bastien, Tim Speir, Beth Tourtellot, Loretta Melancon, Mike Johnson, Dan Ward, Jack Gilmore, Carolyn Gilmore, Elsie Bausom, Barbara Threatt, Ron Threatt, Valerie Bryant, David Simpson, Jay Ross, Sara Shirley, J.R. Myers, Adriane Samuels, Jo Singer, Alan Parker, Amy Heh, Carley Englander, Rob Riley, Gordon Barnes, Michael Theberge and others. Mayor Kilgore called the City Council Regular Meeting of September 17, 2019 to order at 6:00 p.m. A quorum was present. RECOGNITIONS Item No. 1. Proclamation Observing Public Power Week. Mayor Kilgore read Proclamation P-2019-16 observing Public Power Week: PROCLAMATION OBSERVING PUBLIC POWER WEEK P-2019-16 WHEREAS, public power is a crucial component in cities and towns across North Carolina, contributing to the overall health of communities by providing reliable electricity, excellent local service and prompt restoration; City Council Regular Minutes September 17, 2019 Page 97 WHEREAS, North Carolina's more than 70 public power cities and towns are among more than 2,000 across the country; (46r WHEREAS, many of North Carolina's public power cities and towns have been electric providers for more than 100 years; WHEREAS, public power meets the electric needs of 40 million Americans, almost 15 percent of electricity consumers; WHEREAS, North Carolina's public power utilities are valuable community assets that contribute to the well-being of the community and provide economic development opportunities; and, WHEREAS, North Carolina's public power utilities are dependable institutions that provide excellent service and a commitment to community. 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 October 6-12, 2019 as: PUBLIC POWER WEEK a week to promote North Carolina's public power cities and towns for their contributions to their communities and encourage North Carolina public power communities to join with all public power systems in the United States in this celebration of public power. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 17t' day of September, 2019. (�Iwoe Item No. 2. Public Comment Period. A. Loretta Melancon. Ms. Loretta Melancon thanked Mayor Kilgore and Mayor Pro Tem Anderson for their recent support at a litter sweep event. Ms. Melancon thanked Council for their support of Litter Busters. CONSENT AGENDA Written background information was provided in advance in the Council Agenda Packet for each item on the Consent Agenda. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 3. Annexation Request and Related Zoning Public Hearing Call for Proverty Containing 11.25 Acres Located on Airport Road. Planning and Development Director Lisa Stiwinter advised by memorandum that Greiner Bio-One North America, Inc. was requesting annexation of 11.25 acres located on Airport Road (Tax Parcel #: 09-369-007-G) and a zoning map amendment request to rezone the property from Union County Light Industrial (LI) to General Industrial (GI) in the City of Monroe. 4 Ms. Stiwinter advised that these matters would be presented to the Planning Board on September 24, 2019. For timing and scheduling purposes, she advised that Staff was recommending that Council adopt a Resolution directing the Clerk to investigate the Petition received under G.S. City Council Regular Minutes September 17, 2019 Page 98 §160A-31, adopt a Resolution fixing the date of the public hearing to be held on October 1, 2019 on the question of the annexation pursuant to G.S. § 160A-31 and approve a call for public hearing to be held on October 1, 2019 to consider a zoning map amendment request to rezone the property from Union County Light Industrial (LI) to General Industrial (GI) in the City of Monroe. If these items do not move forward at the September 24, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the matter before Council on October 1, 2019. A. Resolution Directing Clerk to Investigate Petition Received under G.S. 4160A-31. Council Member Anthony moved to adopt Resolution R-2019-55: RESOLUTION DIRECTING CLERK TO INVESTIGATE PETITION RECEIVED UNDER G.S. §160A-31 FOR 11.25 ACRES LOCATED ON AIRPORT ROAD R-2019-55 WHEREAS, a petition requesting annexation of an area described in said petition was received on August 7, 2019 by the City Council; and WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the City Council of the City of Monroe deems it advisable to proceed in response to this request for annexation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe that the City Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the City Council the result of the investigation. Adopted this 171' day of September, 2019. Council Member Holloway 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 B. Resolution Fixing Date of Public Hearing to be Held October 1, 2019 on Ouestion of Annexation pursuant to G.S. 4160A-31. Council Member Anthony moved to adopt Resolution R-2019-56: RESOLUTION FIXING DATE OF PUBLIC HEARING TO BE HELD OCTOBER 1, 2019 ON QUESTION OF ANNEXATION PURSUANT TO G.S. §160A-31 FOR 11.25 ACRES LOCATED ON AIRPORT ROAD R-2019-56 WHEREAS, a petition requesting annexation of the area described herein has been received; and City Council Regular Minutes September 17, 2019 Page 99 WHEREAS, the City Council has by Resolution directed the City Clerk to investigate the sufficiency of the petition; and WHEREAS, certification by the City Clerk as to the sufficiency of the petition shall be made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monroe, North Carolina that: Section 1. A public hearing on the question of annexation of the area described herein will be held at the City Hall Council Chambers at 6:00 p.m. on October 1, 2019. Section 2. The area proposed for annexation is described on the attached map: ANNEXATION DESCRIPTION ANNEXATION DESCRIPTION OF 11.25 ACRES THE PROPERTY OF GREINER BIO-ONE NORTH AMERICA, INC. BEING THE EASTERN PORTION OF TAX PARCEL 09-369-007G BEGINNING at an existing iron having North Carolina State Plane Grid Coordinates in survey feet of North: 466,806.7022, East: 1,513,508.8725 (NAD 83-2011), said iron being a corner of now or formerly the Greiner Bio-One North America, Inc. property recorded in Record Book 7394, Page 381 in the Union County Register of Deeds, and said iron being a common corner with now or formerly CADE Capitol Investments, LLC property recorded in Record Book 6429, Page 652 in the Union County Register of Deeds and said iron being on the line of now or formerly the Michael L. Helms and Joe P. McCollum, Jr., Trustees of the Helms Children GST Irrevocable Trust FBO Michael L. Helms UAD 03- 31-06 and Michael L. Helms and Joe P. McCollum, Jr., Trustees for the Helms Children's GST Irrevocable Trust FBO Teresa Nan Helms UAD 03-31-06 (hereinafter called Trust) property recorded in Record Book 6256, Page 647 in the Union County Register of Deeds and on the existing City limits line of the City of Monroe recorded in Record Book 765, Page 797 in the Union County Register of Deeds; thence with the said City limits and with the said Cade Capital Investments, LLC property S 71 ° 2 F 13" W, 664.79 feet to an iron found, said iron being a common corner with now or formerly the City of Monroe property recorded in Record Book 748, Page 857 in the Union County Register of Deeds; thence continuing with the existing City limits and the said City of Monroe property N 57' 57' 2 1 " W, 123.47 feet to a computed point, said point being the common corner with now or formerly the Greiner Bio-One North America, Inc. property recorded in Record Book 5367, Page 554 in the Union County Register of Deeds; thence continuing with the existing City limits and the said Greiner Bio-One North America, Inc. property N 57' 57' 21" W, passing an iron at 10.00 feet, for a total distance of 683.51 feet to an iron found, said iron being on the line of now or formerly the Cornerstone Property Owners Association of Union County, Inc. property recorded in Record Book 1688, Page 810 in the Union County Register of Deeds and on the Town limits of the Town of Indian Trail recorded in Record Book 1452, Page 458 in the Union County Register of Deeds; thence leaving the existing City limits of the City of Monroe and with the Town limits of the Town of Indian Trail and the said Cornerstone Property Owners Association of Union County, Inc. property N 61 ° 54' 43" E, 698.28 feet to an iron found, said iron being a common corner of now or formerly the South Piedmont Community College property recorded in Record Book 3485, Page 389 in the Union County Register of Deeds, and common corner of now or formerly the said Trust property; thence leaving the Town limits of the Town of Indian Trail and with the said Trust property S 52° 02' 38" E, 885.09 feet to the POINT AND PLACE OF BEGINNING, City Council Regular Minutes September 17, 2019 Page 100 and containing 11.25 acres more or less as shown an annexation plat titled Annexation Boundary for The City of Monroe Property of. Greiner Bio-One North America, Inc. surveyed by Lawrence Associates, dated August 6, 2019 and last revised September 9, 2019. Said annexation plat is recorded in Plat Cabinet , File in the Union County Register of Deeds. Section 3. Notice of the public hearing shall be published in The Enquirer -Journal, a newspaper having general circulation in the City of Monroe, at least ten days prior to the date of the public hearing. Adopted this 171 day of September, 2019. Council Member Holloway 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. Call for Public Hearing to be Held October 1, 2019 to Consider Zoning Man Amendment Reauest to Rezone Property from Union Countv Light Industrial (LI) to General Industrial (GI) in Citv of Monroe. Section 156.106 titled "Official Zoning Man." Council Member Anthony moved to call for a public hearing to be held on October 1, 2019 at 6:00 p.m. to consider a zoning map amendment request to rezone 11.21 acres located on Airport Road (Tax Parcel #: 09-369-007-G) from Union County Light Industrial (LI) to General Industrial (GI) in the City of Monroe. 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 Item No. 4. Call for Citv Council Special Joint Strategic Planning Meeting with Planning Board to be Held September 24, 2019 at 4:30 p.m. Planning and Development Director Lisa Stiwinter advised by memorandum that Staff and Kimley-Horn and Associates was requesting to hold a Special Joint Strategic Planning Meeting with City Council and the Planning Board. Ms. Stiwinter advised that the purpose of the meeting was to provide a general status update to the rewrite of the Unified Development Ordinance (UDO), discuss the proposed Mixed -Use Districts, review additional sections and take possible action. Ms. Stiwinter advised that it was the recommendation of Staff that Council call for a Special Joint Strategic Planning Meeting with Planning Board to be held on September 24, 2019 at 4:30 p.m. Council Member Anthony moved to call for a Special Joint Strategic Planning Meeting with Planning Board to be held on September 24, 2019 at 4:30 p.m. Council Member Holloway seconded the motion, which passed unanimously with the following votes: City Council Regular Minutes September 17, 2019 Page 101 AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 5. Call for Public Hearing to be Held October 1, 2019 to Consider Economic Development Aircraft Incentive Grant to Confidential Companv (Project X-Wing). Economic Development Executive Director Chris Plate advised by memorandum that on August 20, 2019, Council approved a call for a public hearing to consider an Economic Development Aircraft Incentive Grant to a Confidential Company under the name Project X-Wing. Mr. Plate advised that the public hearing was scheduled to be held on September 17, 2019. However, due to delays in getting all the details agreed upon, he advised that the company's timeline had slightly shifted therefore, the public hearing would not be held on September 17, 2019. Pursuant to North Carolina General Statute Section 158-71, Mr. Plat6 advised that it was the recommendation of Staff that Council call for a public hearing to be held on October 1, 2019 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 October 1, 2019 at 6:00 p.m. to consider an Economic Development Aircraft Incentive Grant to a Confidential Company under the name Project X-Wing. Council Member Holloway 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. 6. Capital Project Budget Ordinance for Electric Stabilization Fund and Designated Future Capital Project Fund for North Carolina Municipal Power Agency 1 Excess Working Capital Credit. Energy Services Director David Lucore advised by memorandum that the North Carolina Municipal Power Agency 1 (NCMPAI) had retained a working capital fund to be used to pay for the operation, maintenance and construction costs for the Catawba Nuclear Power Generating Facility. Mr. Lucore advised that each member city had contributed a percentage of the total fund. Due to lower than expected costs for several years, Mr. Lucore advised that there was an excess of $150M in this fund. He advised that at the NCMPAI's April 2019 meeting, the NCMPAI Board voted to retire $75M of the debt owed on the Catawba Nuclear Generating Facility and refund $75M of this excess capital to the member cities according to the percentage each contributed. Mr. Lucore advised that the City of Monroe's refund totaled $8,866,032. He advised that Staff recommended that $4,361,428 of this refund be deposited into a Rate Stabilization account to be used to offset future wholesale power cost increases and maintain our electric rates without City Council Regular Minutes September 17, 2019 Page 102 increase. Mr. Lucore advised that the balance of the credit, $4,504,604, was recommended to be deposited into a Capital Project account to be used for future capital projects. Mr. Lucore advised that Staff presented this matter to the Public Enterprise Committee on September 17, 2019. Mr. Lucore advised that the Public Enterprise Committee and Staff recommended that Council adopt a Capital Project Budget Ordinance designating the NCMPAI distribution to a Rate Stabilization Fund and for future capital projects. Council Member Anthony moved to adopt Capital Project Budget Ordinance BO-2019-17: CAPITAL PROJECT BUDGET ORDINANCE ELECTRIC STABILIZATION FUND AND DESIGNATED FUTURE CAPITAL PROJECT FUND BO-2019-17 WHEREAS, City of Monroe, North Carolina (the "City") is a member of ElectriCities; and WHEREAS, it has been approved by the NC Municipal Power Agency (NCMPAI) Board of Commissioners and ElectriCities Board of Directors back in April 2019 that a one-time credit of NCMPA 1 excess working capital be distributed proportionately to ElectriCities members; and WHEREAS, this distribution in the amount of 11,111,012 was received on August 25 and the City of Monroe would like to designate that $4,361,428 be credited to the City's Rate Stabilization Fund and $4,504,604 be credited to a project fund that is designated for future capital projects; and NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe designates the following: Electric Capital Project Fund: Revenue: Miscellaneous Revenue $8,866,032 Expenses: Designated for Rate Stabilization (EL9902) $4,361,428 Designated for Future Capital Projects (EL9900) $4,504,604 Adopted this 1711 day of September, 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 Item No. 7. Certification of Tax Base and Tax Charge for 2019-2020. Finance Director Lisa Strickland advised by memorandum that North Carolina General Statute Section 105-321(b) stated, "The municipal governing body shall adopt and enter in its Minutes an order directing the City Council Regular Minutes September 17, 2019 Page 103 Tax Collector to collect the taxes charged in the tax records and receipts." Ms. Strickland advised that the Order of Collection should have the force and effect of a judgement and execution against the taxpayers' real and personal property. Ms. Strickland advised that Staff presented this matter to the General Services Committee on September 12, 2019. Ms. Strickland advised that it was the recommendation of the General Services Committee and Staff that Council authorize the Mayor to execute Order of Collection directing the Tax Collector to collect the 2019-2020 tax levy as listed below: Type —� Amount Property Tax $20,473,391.34 Special District Tax $51,680.56 Total Late Listings I $41,925.75 i Total Tax Levy $20,566,997.65 Council Member Anthony moved to authorize the Mayor to execute the following Order of Authorization: TO THE TAX COLLECTOR OF THE CITY OF MONROE: You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the City of Monroe Customer Service Division and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the City of Monroe and this order shall be a full and sufficient authority to direct, require, and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. Witness my hand and official seal, this 171 day of September, 2019. Is/ Bobby G. Kilgore Council Member Holloway 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. 8. City Facilities Janitorial Services. Assistant City Manager Brian Borne advised by memorandum that the City executed a Professional Services Contract with American Facility Services, Inc. (AFS) for janitorial services in July 2019 in the amount of $246,360.00. Mr. Borne advised that the City provided AFS with a Termination Agreement to mutually terminate services due to failure to provide the level of services as specified in the March 2019 Request for Proposal (RFP). He advised that Staff had reached out to Green's Commercial Cleaning that also provided a proposal in response to the March 2019 RFP to provide Janitorial City Council Regular Minutes September 17, 2019 Page 104 Services to the City. Mr. Borne advised that Green's Commercial Cleaning was also the firm that provided janitorial services prior to going out to bid. He advised that Green's Commercial 4 Cleaning had expressed interest in assisting the City with completing the term of the janitorial services contract at the bid amount previously submitted in March 2019 in the amount of $318,988. Mr. Borne advised that Staff presented this matter to the General Services Committee on September 12, 2019. Mr. Borne advised that it was the recommendation of the General Services Committee and Staff that Council terminate the contract janitorial services for City facilities with American Facility Services, Inc. by approving the Termination Agreement, award the contract for janitorial services for City facilities to Green's Commercial Cleaning in the amount of $318,988 and authorize the City Manager as the responsible entity to execute any and all necessary documents. A. Termination Agreement with American Facilitv Services. Council Member Anthony moved to approve the Termination Agreement terminating the contract for janitorial services for City facilities with American Facility Services, Inc.: TERMINATION AGREEMENT This Termination Agreement (the "Agreement") dated this _day of September, 2019 by the City of Monroe ("City") and American Facility Services, Inc. ("AFS"), a corporation organized and existing under the laws of the State of Georgia. In consideration of and as a condition of the Parties entering into this Agreement and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows: Section 1. Background. The parties currently have a July 17, 2019 contract under which AFS provides the City with Janitorial Services beginning on July 1, 2019 and for a one year period, with the possibility of extensions to allow services to be provided for up to five (5) years. However, circumstances have arisen that require that the parties agree to mutually terminate the July 17, 2019 contract, and to resolve any and all rights and obligations arising out of the July 17, 2019 contract. 4 Section 2. Termination. The parties agree that the July 17, 2019 contract is mutually terminated as of September 23, 2019. Section 3. Outstanding Obligations. The Parties acknowledge by this Agreement that the consideration provided and received by each other is fair, just and reasonable and that no further consideration, compensation or obligation will be due, payable or owing with regard to the Contract as of the termination date of September 23, 2019. Within fourteen (14) days of September 23, 2019, AFS is expected to provide the City with its final invoice for payment of services rendered as of September 23, 2019. Section 4. Release of All Claims. City Council Regular Minutes September 17, 2019 Page 105 Each of the parties (and their respective divisions, members, managers, officers, directors, shareholders, successors, assigns, employees, attorneys, insurers and or agents) unconditionally and irrevocably release and discharge each of the other parties (and their respective divisions, members, managers, officers, directors, shareholders, successors, assigns, employees, attorneys, insurers and/or agents) from any and all claims, demands, damages, causes of action, claims for relief, indemnities, and remedies whatsoever, whether in tort or in contract, whether liquidated or unliquidated, whether contingent or not, whether known or unknown, which they may now have, have had, or may hereafter acquire, or which may hereafter accrue, by reason of, related to, or arising out of the July 17, 2019 contract. Section 5. Choice of Law and Forum. This contract shall be deemed made in Union County, North Carolina. This contract shall be governed by and construed in accordance with the law of North Carolina. The exclusive forum and venue for all actions arising out of this contract shall be the appropriate division of the North Carolina General Court of Justice, in Union County. Such actions shall neither be commenced in nor removed to federal court. This section shall not apply to subsequent actions to enforce a judgment entered in actions heard pursuant to this section. Section 6. Miscellaneous. a. Time is of the essence in this Agreement. b. This agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures. C. This Agreement will not be assigned either in whole or in part by any party to the Agreement without the written consent of the other Party. d. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the Parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result. 4 e. This Agreement contains the entire agreement between the Parties. All negotiations and understandings have been included in the Agreement. Statement or representations which may have been made by any Party in the negotiation stages of the Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the Parties. f. This agreement and the terms and conditions contained in the Agreement apply to and are binding upon Parties and their respective successors, assigns, executors, administrations, beneficiaries and representatives. g. All keys and badges shall be returned to Eric Purser, Facilities Maintenance (, Supervisor no later than 4:30 p.m. on Friday, September 20, 2019. City Council Regular Minutes September 17, 2019 Page 106 h. All AFS owned equipment shall be collected and removed from City property no later than 4:30 p.m. on Friday, September 20, 2019. (W i. Any notices or delivery required in the Agreement will be provided in accordance with Section 9 of the July 17, 2019 Contract. All of the rights, remedies and benefits provided by this Agreement will be cumulative and will not be exclusive of any other such rights, remedies and benefits allowed by law. IN WITNESS WHEREOF, the City of Monroe and AFS have caused this Agreement to be executed under seal by their respective duly authorized agents or officers. 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 B. Award of Contract to Greens Commercial Cleaning. Council Member Anthony moved to award the contract for janitorial services for City facilities to Green's Commercial Cleaning in the amount of $318,988: CONTRACT FOR Professional Services Janitorial Services: Green's Commercial Cleaning This Contract is made and entered into as of the 23rd day of September, 2019, by the City of Monroe ("City") and Green's Commercial Cleaning ("Contractor"), (X) a corporation, ( ) a professional corporation, ( ) a professional association, ( ) a limited partnership, ( ) a sole proprietorship, or () a general partnership; organized and existing under the laws of the State of North Carolina. Section 1. Background and Purpose. The Contractor will provide janitorial/custodial services for the City of Monroe. Section 2. Services and Scope to be Performed. The Contractor shall maintain City of Monroe facilities in a clean condition for regular employee work and public use. The Contractor will follow the cleaning schedule specified in the attached "Maintenance Routine" (Attachment A) and will perform these tasks with greater frequency if needed to keep the premises clean. Minor exception from the maintenance routine may be taken from time to time to prevent unnecessary work and when the City or its agent does not object or judge the omissions unjustifiable. Maintenance tasks shall be accomplished outside regular office or public use hours and shall follow each day in which the buildings are open to the public. In this contract, "Work" means the services that the Contractor is required to perform pursuant to this contract and all of the Contractor's duties to the City that arise out of this contract. Any amendments, corrections, or change orders by either party must be made in writing signed in the same manner as the original. (This form may be used for amendments and change orders.) The City reserves the right to refuse payment for any work outside that authorized herein or pursuant to a duly approved amendment or change order. City Council Regular Minutes September 17, 2019 Page 107 Section 3. Complete Work without Extra Cost. Unless otherwise provided, the Contractor shall obtain and provide, without additional cost to the City, all labor, materials, equipment, transportation, facilities, services, permits, and licenses necessary to perform the Work. Section 4. Compensation and Term. The City shall pay the Contractor for the Work as follows: The initial Contract will be for an initial term of nine months and seven days, beginning on September 23, 2019 and ending on June 30, 2020. The City of Monroe having the option of extending the contract for up to two mutually agreed -upon two-year extensions for a total contract life of four years, nine months, and seven days. Extensions will be based upon satisfactory performance by the Contractor. Dates provided are estimates only. Any resulting contract will begin on the date specified in the notice of award. Total cost per year for service to all locations; $318,988.00 itemized as outlined in the Price Proposal (Attachment B). During the initial term, the cost shall be prorated to reflect that the initial term is only for nine months, and seven days, as opposed to twelve months. The City shall not be obligated to pay the Contractor any payments, fees, expenses, or compensation other than those authorized by this section. Section 5. Contractor's Billings to City. Contractor shall submit an original invoice to the Accounting Division at the City of Monroe. Contractor can expect payment within 30 days the Accounting Division's receipt of the invoice. Section 6. Insurance. Contractor shall maintain insurance policies at all times with minimum limits as follows: COVERAGE MINIMUM LIMITS Workers' Compensation Statutory Limits Employers' Liability $500,000 General Liability $1,000,000 per occurrence/$2,000,000 aggregate Automobile Liability $1,000,000 Professional Liability (E & O) $1,000,000 per occurrence/$2,000,000 aggregate Contractor shall provide the City with a Certificate of Insurance for review prior to the issuance of any contract or Purchase Order. This should be an ACORD form (example attached). All Certificates of Insurance will require thirty (30) days written notice by the insurer or contractor's agent in the event of cancellation, reduction or other modifications of coverage. In addition to the notice requirement above, Contractor shall provide the City with immediate written notice of cancellation, reduction, or other modification of coverage of insurance. Upon failure of the Contractor to provide such notice, Contractor assumes sole responsibility for all losses incurred by the City for which insurance would have provided coverage. The insurance certificate shall be for the initial contract period of one (1) year and shall be renewed by the contractor for each subsequent renewal period of the contract. The City shall be named as an additional insured and it is required that coverage be placed with "A" rated insurance companies acceptable to the City. Statement should read "City of 4, Monroe is to be added as an additional insured as evidenced by an endorsement attached to this certificate." Failure to maintain the required insurance in force may be cause for contract termination. In the event that the contractor fails to maintain and keep in force the City Council Regular Minutes September 17, 2019 Page 108 Ll A insurance herein required, the City has the right to cancel and terminate the contract without notice. Contractor shall provide proof that a Drug -Free Workplace Program is in place and that drivers meet DOT/CDL licensing requirements. Section 7. Performance of Work by City. If the Contractor fails to perform the Work in accordance with the schedule referred to in Section 2 above, the City may, in its discretion, in order to bring the project closer to schedule, perform or cause to be performed some or all of the Work, and doing so shall not waive any of the City's rights and remedies. Before doing so, the City shall give the Contractor reasonable notice of its intention. The Contractor shall reimburse the City for all costs incurred by the City in exercising its right to perform or cause to be performed some or all of the Work pursuant to this section. Section 8. Attachments. The following attachments are made a part of this contract and incorporated herein by reference: Attachment A: Maintenance Routine containing 2 pages(s). Attachment B: Price Proposal containing 7 page(s). Attachment C: RFP containing 36 page(s). Attachment D: Certificate of Insurance (COI) containing 2 page(s). In case of conflict between an attachment and the text of this contract excluding the attachment, the text of this contract shall control. Any attachment which materially alters the standard terms contained herein must be reviewed pursuant to the City's Contract Review Procedure. Section 9. Notice. a. All notices and other communications required or permitted by this contract shall be in writing and shall be given either by personal delivery, fax, or certified United States mail, return receipt requested, addressed as follows: To the City: (By hand delivery, overnight delivery services, or other methods requiring a physical address): City of Monroe 300 West Crowell Street Monroe, NC 28112 (By United States Postal Service): City of Monroe P.O. Box 69 Monroe, NC 28111-0069 Fax Number: (704) 283-9098 City Council Regular Minutes September 17, 2019 Page 109 To the Contractor: Green's Commercial Cleaning, Corporate Office 4101-H Stuart Andrew Boulevard Charlotte, NC 28217 Barry Green Office 704.525.5859 Fax: 704.525.5360 b. Change of Address, Date Notice Deemed Given: A change of address, fax number, or person to receive notice may be made by either party by notice given to the other party. Any notice or other communication under this contract shall be deemed given at the time of actual delivery, if it is personally delivered or sent by fax. If the notice or other communication is sent by US Mail, it shall be deemed given upon the third calendar day following the day on which such notice or other communication is deposited with the US Postal Service or upon actual delivery, whichever first occurs. Section 10. Indemnification. To the maximum extent allowed by law, the Contractor shall defend, indemnify, and save harmless the City of Monroe, its agents, officers, and employees, from and against all charges that arise in any manner from, in connection with, or out of this contract as a result of the acts or omissions of the Contractor or subcontractors or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable except for damage or injury caused by the negligence of the City its agents, officers, or employees. In performing its duties under this section, the Contractor shall at its sole expense defend the City of Monroe, its agents, officers, and employees with legal counsel reasonably acceptable to City. As used in this subsection — "Charges" means claims, judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties, royalties, settlements, expenses, interest, reasonable attorney's fees, and amounts for alleged violations of sedimentation pollution, erosion control, pollution, or other environmental laws, regulations, ordinances, rules, or orders. Nothing in this section shall affect any warranties in favor of the City that are otherwise provided in or arise out of this contract. This section is in addition to and shall be construed separately from any other indemnification provisions that may be in this contract. This section shall remain in force despite termination of this contract (whether by expiration of the term or otherwise) and termination of the services of the Contractor under this contract. Section 11. Termination. a. Mutual Convenience. The parties agree that during the initial term or any renewal term of this Agreement, the parties may jointly agree to terminate this Agreement with no further obligations by either party to the other upon no less than ninety (90) days written notice. b. For Cause. Either party may terminate this Agreement for cause if the other party has breached a material term of the Agreement. However, no termination is 4 effective until the non -breaching party has provided the breaching party with a written notice of breach (said notice to be provided in accordance with Section 9 of this Agreement) providing how the breaching party has breached the Agreement. The notice shall give the breaching party thirty (30) days to cure the breach. If after the thirty (30) day period expires the breaching party has not cured the breach, the non -breaching party may terminate the contract effective thirty (30) days following the provision of a final notice to the breaching party. C. For Convenience. Either party may terminate this Agreement for convenience upon 120 days written notice to the other party. The notice must be provided in accordance with Section 9 of this Agreement. No termination for convenience may take place when the remaining term or a renewal term of the Agreement has IL less than 120 days remaining. Following the effective date of any termination for convenience, neither party shall have any remaining obligations to the other. City Council Regular Minutes September 17, 2019 Page 110 Section 12. E-Verify Requirement. The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if the Contractor utilizes a subcontractor, the Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Section 13. Miscellaneous. a. Choice of Law and Forum. This contract shall be deemed made in Union County, North Carolina. This contract shall be governed by and construed in accordance with the law of North Carolina. The exclusive forum and venue for all actions arising out of this contract shall be the appropriate division of the North Carolina General Court of Justice, in Union County. Such actions shall neither be commenced in nor removed to federal court. This section shall not apply to subsequent actions to enforce a judgment entered in actions heard pursuant to this 4 section. b. Waiver. No action or failure to act by the City shall constitute a waiver of any of its rights or remedies that arise out this contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. C. Performance of Government Functions. Nothing contained in this contract shall be deemed or construed so as to in any way estop, limit, or impair the City from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions. d. Severability. If any provision of this contract shall be unenforceable, the remainder of this contract shall be enforceable to the extent permitted by law. e. Assignment, Successors and Assigns. Without the City's written consent, the Contractor shall not assign (which includes to delegate) any of its rights (including the right to payment) or duties that arise out this contract. Unless the City otherwise agrees in writing, the Contractor and all assigns shall be subject to all of the City's defenses and shall be liable for all of the Contractor's duties that arise out of this contract and all of the City's claims that arise out of this contract. Without granting the Contractor the right to assign, it is agreed that the duties of the Contractor that arise out of this contract shall be binding upon it and its heirs, personal representatives, successors, and assigns. f. Compliance with Law. In performing all of the Work, the Contractor shall comply with all applicable law. g. City Policy. THE CITY OPPOSES DISCRIMINATION ON THE BASIS OF RACE AND SEX AND URGES ALL OF ITS CONTRACTORS TO PROVIDE A FAIR OPPORTUNITY FOR MINORITIES AND WOMEN TO PARTICIPATE IN THEIR WORK FORCE AND AS SUBCONTRACTORS AND VENDORS UNDER CITY CONTRACTS. h. EEO Provisions. During the performance of this Contract the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, City Council Regular Minutes September 17, 2019 Page 111 political affiliation or belief, age, or handicap. The Contractor shall take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. The Contractor shall post in conspicuous places available to employees and applicants for employment, notices setting forth these EEO provisions; (2) The Contractor in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. i. No Third Party Right Created. This contract is intended for the benefit of the City and the Contractor and not any other person. Principles of Interpretation. In this contract, unless the context requires otherwise, the singular includes the plural and the plural the singular. The pronouns "it" and "its" include the masculine and feminine. Reference to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation. References to contracts and agreements shall be deemed to include all amendments to them. The word "person' includes natural persons, firms, companies associations, partnerships, trusts, corporations, governmental agencies and units, and any other legal entities. k. Modifications, Entire Agreement. A modification of this contract is not valid unless signed by both parties and otherwise in accordance with requirements of law. Further, a modification is not enforceable against the City unless the City Manager or other duly authorized official signs it for the City. This contract contains the entire agreement between the parties pertaining to the subject matter of this contract. With respect to that subject matter, there are no promises, agreements, conditions, inducements, warranties, or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in this contract. IN WITNESS WHEREOF, the City of Monroe and the Contractor have caused this contract to be executed under seal by their respective duly authorized agents or officers. +( Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager as the responsible entity to execute any and all necessary documents with regard to the contract for City Facilities Janitorial Services. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, City Council Regular Minutes September 17, 2019 Page 112 A McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 9. 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 Tern Gary Anderson for disbursement of City Council Discretionary Funds to the Union County Playmakers in the amount of $500 and the Monroe Civitan Club in the amount of $100. Disbursements for Mayor Pro Tern Anderson to date are as follows: Date Recipient 07/01/2019 Discretionary Allocation FY 2019-2020 07/02/2019 Ground 40 07/08/2019 Christian Family Care Home 07/08/2019 Have a Heart Foundation of Union County 07/19/2019 Center for Human Potential 07/23/2019 Community Shelter of Union County 08/05/2019 Monroe Rotary 08/05/2019 Monroe Athletic Foundation 08/28/2019 Union County Playmakers 09/05/2019 Monroe Civitan Club Fiscal Impact i Amount Balance_ F $3,000 l $500 $2,500 1 $300 $2,200 I $100 $2,100 $150 $1,950 $600 $1,350 $150 $1,200 $150 $1,050 $500 $550 $100 $450 As this item was for informational purposes only, no action was required from Council. 2) Council Member Surluta Anthonv. City Clerk Bridgette Robinson advised by memorandum that Staff had received requests from Council Member Surluta Anthony for disbursement of City Council Discretionary Funds to Winchester Alumni Association in the amount of $375 and the Union County Branch NAACP in the amount of $30. Disbursements for Council Member Anthony to date are as follows: Date Recipient Fiscal Impact Amount Balance 07/01/2019 Discretionary Allocation Fiscal Year 2019-2020 1 $3,000 07/02/2019 Community Health Services of Union County, Inc. $1,000 $2,000 07/02/2019 Monroe High School Athletic Foundation $300 $1,700 07/02/2019 Rotary Club of Monroe $1,000 $700 09/05/2019 Winchester Alumni Association $375 $325 09/05/2019 Union County Branch NAACP _ $30 $295 As this item was for informational purposes only, no action was required from Council. City Council Regular Minutes September 17, 2019 Page 113 3) Mavor Bobbv Kilgore. City Clerk Bridgette Robinson advised by memorandum that Staff had received a request from Mayor Bobby Kilgore for disbursement of City Council Discretionary Funds to Ground 40 in the amount of $200. Disbursements for Mayor Kilgore follow: Date Recipient Fiscal Impact _ I Amount Balance 07/07/2019 Discretionary Allocation FY 2019-2020 $3,000 08/29/2019 Ground 40 $200 $2,800 As this item was for informational purposes only, no action was required from Council. 4) Council Member Franco McGee. City Clerk Bridgette Robinson advised by memorandum that Staff had received a request from Council Member Franco McGee for disbursement of City Council Discretionary Funds to Heart for Monroe in the amount of $250. Disbursements for Council Member McGee follow: Date I Recipient Fiscal Impact _ Amount Balance 07/01/2019 Discretionary Allocation FY 2019-2020 $3,000 I 07/02/2019 ShotCallers Nation Basketball Organization $500 $2,500 ' 09/05/2019 Heart for Monroe $250 $2,250 As this item was for informational purposes only, no action was required from Council. B. Financial Reports for August 2019. Financial Reports for August 2019 were received as information by Council. C. Fund Balance Update. Finance Director Lisa Strickland advised that Staff had calculated a total estimated Fund Balance as of June 30, 2019 in the amount of $32,939,640. Ms. Strickland advised that this amount had increased over the total Fund Balance amount as of June 30, 2018 of $28,563,016 by $4,376,624. She advised that this amount was still subject to change since adjustments might still be posted as a result of the City's financial audit. Ms. Strickland advised that the total Fund Balance was divided into four categories: Non- 4 Spendable — $856,113; Restricted — $8,371,354; Assigned — $15,543,459; and, Unassigned $8,168,714. She advised that the Assigned Fund Balance included a reserve in the amount of $10,681,100 as per the City's Fund Balance Reserve Policy. Ms. Strickland advised that the 25% required reserve per the City's Policy was based on the City's adopted budget less one-time federal and state grants. She advised that the required reserve based on the Fiscal Year 2020 Budget was calculated as follows: Fiscal Year 2020 Adopted Budget Federal and State Grants Net Expenditures X 25% $44,152,535 I ($1,428,135) $42,724,400 I $10,681,100 City Council Regular Minutes September 17, 2019 Page 114 Ms. Strickland advised that including activity that had occurred from July 1 through August 20, 2019 the balance of assigned money that had been formally set aside totaled $639,652. She advised that this was divided as follows: Airport grant acceptance — $89,652; Airport operating subsidy to defray costs in future years — $250,000; and, street resurfacing subsidy to defray costs in future years — $300,000. Ms. Strickland advised that the preliminary Unassigned Fund Balance as of August 30, 2019 was $7,994,777. She advised that this amount also included activity that had occurred from July 1 through August 20, 2019. As this item was for informational purposes only, no action was required from Council. D. Minutes of Citv Council Meetings of August 20, 2019. Council Member Anthony moved to approve the Minutes of the City Council Meetings of August 20, 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 E. Minutes of Downtown Advisory Board Meeting of April 30, 2019. Minutes of the Downtown Advisory Board Meeting of April 30, 2019 were received as information by Council. (4mv" F. Minutes of General Services Committee Meetings of Julv 18, 2019 and August 15, 2019. Minutes of the General Services Committee Meetings of July 18, 2019 and August 15, 2019 were received as information by Council. G. Minutes of Planning Board Meeting of August 21, 2019 (Draft). Minutes of the Planning Board Meeting of August 21, 2019 (Draft) were received as information by Council. H. Minutes of Public Safetv Committee Meeting of Julv 15, 2019. Minutes of the Public Safety Committee Meeting of July 15, 2019 were received as information by Council. I. 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 08/12/2019 I Alison Fence Co., j Inc. j 08/12/2019 I Aeroshell Aerobatic Team 08/12/2019 I Blended Ideas Group Purpose Fiscal Impact Fund Amount Preventative maintenance on Airport *$821 gate Warbirds Over Monroe I Administration $16,000 Provide Static billboard and I Downtown 1 $6,300 two billboard extensions for City Council Regular Minutes September 17, 2019 Page 115 Date I Name r Purpose Fiscal Impact Fund Amount Parks and Recreation and Downtown 08/12/2019 ESP Associates, Inc. Stormwater Drainage Request Engineering $39,800 I Tracking and Ranking System 08/12/2019 ESP Associates, Inc. On -call engineering services I Engineering I $30,000 for stormwater projects 08/12/2019 Lawrence Associates On -call surveying service for Engineering $20,000 I stormwater projects 08/15/2019 American Rewinding Service two motors and gear I Airport I *$400 of NC boxes 08/19/2019 Cox Door Company Perform roll -up door repairs as Fire *$4,999 necessary at all City Fire Station facilities 08/19/2019 American Legal Creation of list of City Legal *$1,000 Offenses Punishable Criminally 08/19/2019 United Rentals Provide competent person Water $3,375 trench excavation training for Resources City employees at a rate of $135 per employee 08/21/2019 Wind River Cleaning out wash pits at Parks I Parks and *$3,200 Environmental, LLC and Recreation facilities Recreation 08/21/2019 Stallings Perform service and repair Fire *$3,500 Refrigeration work as needed on ice machines at all City Fire facilities for FY20 08/21/2019 Holloways Music Provide repairs and/or Parks and *$2,000 Center replacements of the sound Recreation systems at MAFC 08/21/2019 Mc2 Engineering Annual Storm Water BMP Fire *$525 inspection on system at Fire Station #4 08/21/2019 The Sports Flooring Screening, cleaning and apply Parks and *$2,162 Group two coats of finish to MCC Recreation Ballroom floors j 08/21/2019 Resolve Professional engineering Water *$1,400 Environmental services for soil assessment in Resources Services connection with E. Franklin Street Water Main Replacement Project 08/21/2019 Wood Duck Farms Petting zoo at special events — Parks and *$1,700 j dba Why Not Halloween Happenings and Recreation American Ark Christmas Tree lighting 08/22/2019 I Roger Melton I Painting the Meeting Room Parks and *$850 Paintingand Kitchen at MAFC Recreation 08/22/2019 Bullington Repair damaged guardrail on Engineering I *$2,600 I Construction Hasty Street 08/23/2019 Two Way Radio of Perform emergency lighting Fire *$4,999 Carolinas, Inc. and radio repairs as necessary to all City Fire apparatus City Council Regular Minutes September 17, 2019 Page 116 Date Name I Purpose Fiscal Impact Fund Amount 08/23/2019 Minerva Bunker Inspection and repair of PPE Fire I *$3,000 Gear Cleaners turnout gear 08/23/2019 Alfred Benesch & Provide design and bid Parks and $17,725 Company documents for the construction Recreation of Phase 1-A of the Belk Tonawanda Master Plan 08/23/2019 ILS Technical Provide services for the Airport $16,740 Services, Inc. localizer, glideslope, instrument landing system and transmitter receivers 08/23/2019 Custom Woodworks Replacement cabinets and Parks and $7,205 and Laminate counters in the Meeting Room Recreation Counter Tops at the MAFC 08/23/2019 Airboss, Inc. Warbirds Over Monroe I Administration *$3,500 08/23/2019 Party Reflections Warbirds Over Monroe Administration $8,961 08/23/2019 Dun -Right Services, Spring 2019 Sanitary Sewer Water $21,357 Inc. Manhole Rehabilitation Resources [CO #11 08/23/2019 A -Plus Power Power washing services Parks and *$500 I Washing I at the MCC Ballroom Recreation 08/23/2019 Meyer Entertainment Provide entertainment at MCC Parks and *$1,400 Group for the Member/Guest Golf Recreation Tournament social 08/23/2019 National Warplane I Warbirds Over Monroe I Administration *$1,900 Museum 08/23/2019 LaBella Associates, Concord Avenue Planning and *$600 Inc. Environmental Testing — Development Beautification Project 08/27/2019 Clemens Kuhlig Warbirds Over Monroe Administration *$2,000 08/27/2019 Blue Phoenix Provide tent, table, and chairs Human *$814 for Employee Appreciation Resources Celebration 08/28/2019 Superion Meter reading software mod I Finance *$2,160 upgrade 08/29/2019 Certified Collision Collision repair of COM Human I $15,000 I Services I vehicles Resources 08/29/2019 Partners Lawn & Provide trash and debris clean- Engineering $26,400 Landscaping, Inc. up on various streets once a month 08/29/2019 Itron, Inc. Border Meter reading software I Finance I *$3,600 I States upgrade from MCRS to FCS 08/29/2019 MESA Technical Replacement of battery bank at Energy Services $13,455 Associates, Inc. Camp Sutton and Goldmine Substation 08/29/2019 Thinking Hats I Engineering and consulting I Energy Services $45,120 Technologies, LLC services for GIS 08/29/2019 Municipal Perform annual air breathing Fire $9,500 Emergency Services compressor services to include filter and oil change; provide a pre and post air sample at the City Council Regular Minutes September 17, 2019 Page 117 Date Name Purpose (W j time of service followed by quarterly air sampling to ensure Grade D air quality 08/29/2019 Thinking Hats Engineering and consulting Technologies, LLC services to complete and process map changes (GIS) 08/29/2019 Commemorative Air I Warbirds Over Monroe X.4 IM Force — TORA Bomb Squad 08/29/2019 Community Health Services of Union County, Inc. 08/29/2019 Herc Rentals, Inc. i I 1 09/03/2019 1 Rose Chauffeured 09/03/2019 Creative Food Concepts 09/03/2019 Lynches River Contracting, Inc. [CO #3 *Approved by Department Director Provide and administer flu vaccine to COM employees Deliver and pick up 32 foot x 32 inch wide scissor lift to repair Hangar #1 Door Charter bus service for MAFC Senior trip to Cherokee on 9/9/19 Perform catering as needed at all COM facilities 2018 — 2019 Asphalt Paving Program Fiscal Impact Fund Amount Energy Services $40,000 Administration $11,000 Human Resources Airport Parks and Recreation Finance Engineering $6,000 *$612 *$1,691 *$4,999 $23,681 Total 1 $434,681 There were no settlement claims of claims. This item was for informational purposes only; therefore, no action was required from Council. REGULAR AGENDA Item No. 10. Abandon Section of North Crawford Street Between Jefferson Street and, Crowell Street. A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Engineering Director Jim Loyd advised that Staff had 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-foot public right-of-way, was adjoined on either side by two properties owned by the City of Monroe (Tax Parcels #09232254 and #09232256). He advised that this section of Crawford Street was proposed to be incorporated into the future plans for the Senior Center and Police Headquarters serving as a passive area and transition to a future parking lot that would serve the immediate area. Mr. Loyd advised that the requested had been reviewed by City Departments as well as presented to the City's Technical Review Committee. City Council Regular Minutes September 17, 2019 Page 118 Mr. Loyd advised that an above -ground power line, 6-inch water main and a 2-inch gas line were located within the existing 40-foot right-of-way that was proposed to be abandoned. As part of the abandonment process, he advised that a public utility easement was requested to be retained for the width of the right-of-way in keeping with North Carolina General Statute (N.C.G.S.)160A- 299 until such time that the lines were either relocated and/or abandoned and new easement(s) recorded. Mr. Loyd advised that comments received from Energy Services and Water Resources Staff 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. In compliance with N.C.G.S. § 160A-299, Procedure for Permanently Closing Streets and Alleys, Mr. Loyd advised that the following actions had been completed by Staff: a copy of the Resolution of Intent has been sent by Certified Mail to the adjoining property owner; the street had been posted in two places along the maintained right-of-way; and, the Resolution of Intent has been published once a week for four consecutive weeks prior to the public hearing in accordance with the General Statute. Mr. Loyd advised that the Public Enterprise Committee and Staff recommended that Council adopt a Resolution closing and abandoning 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. (40,' There being no other speakers, Mayor Kilgore closed the public hearing. B. Action — Resolution to Abandon. Council Member Keziah moved to adopt Resolution R- 2019-53: RESOLUTION TO ABANDON SECTION OF NORTH CRAWFORD STREET MAINTAINED RIGHT-OF-WAY BETWEEN JEFFERSON STREET AND CROWELL STREET R-2019-53 WHEREAS, on the 201' day of August, 2019, the City Council of the City of Monroe directed the City Clerk to publish the Resolution of Intent of the City Council to consider abandoning the hereinafter described section of public right-of-way 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 a newspaper authorized to publish legal ads in the City of Monroe as required by statute, such resolution advising to the public that a public hearing would be conducted on the question in the City of Monroe Council Chambers on September 17, 2019 at 6:00 p.m.; and, WHEREAS, the City Council on the 20t' day of August, 2019, ordered the City Clerk to notify all persons owning property adjoining North Crawford Street, beginning at the northern right-of-way line of Jefferson Street and extending north to the southern right-of-way of Crowell Street, as shown on the county tax records, by registered or certified mail, enclosing with such notification a copy of the Resolution of Intent; and, City Council Regular Minutes September 17, 2019 Page 119 WHEREAS, the City Clerk has advised the City Council that she caused the Resolution of Intent to be published once a week for four successive weeks prior to the hearing and that she sent a letter to each adjoining property owner advising them of the day, time, and place of the meeting, enclosing a copy of the Resolution of Intent, and advising said abutting property owners that the question as to abandoning North Crawford Street, beginning at the northern right-of-way line of Jefferson Street and extending north to the southern right-of-way of Crowell Street would be acted upon, said letters having been sent by registered or certified mail; and, WHEREAS, the City Clerk has advised the City Council that adequate notices were posted in at least two places along on the applicable street as required by G.S. 160A-299; and, WHEREAS, a full and complete consideration of the matter was given in the public hearing held on the 17th day of September, 2017 after having granted a full and complete opportunity for all interested persons to appear and register any objections that they might have; and, �r WHEREAS, it now appears to the satisfaction of the City Council that the abandoning of said street is not contrary to the public interest, and that no individual owning property, either adjoining the street or in the vicinity of said street or in the subdivision in which said street is located, will, as a result of said abandoning, be thereby deprived of a reasonable means of ingress and egress to his property. NOW, THEREFORE, North Crawford Street, being a 40-foot public right-of-way, beginning at the northern right-of-way line of Jefferson Street and extending north to the southern right-of-way of Crowell Street, surrounded by tax parcels 09-232-254 and 09-232-256 is hereby ordered abandoned, pursuant to N.C.G.S. 160A-299, save and except any and all public and private utility easements existing at the time of this action and all right, title, and interest that may be vested in the public to said area for street purposes is hereby terminated with title vesting as provided in 160A-299(c). The City Clerk is hereby ordered and directed to file in the Office of the Register of Deeds of Union County a certified copy of this resolution and order. Upon motion duly made by Council Member Keziah duly seconded by Council Member Anthony, the above Resolution was duly adopted by the City Council at a meeting held on September 17, 2019 in the City of Monroe Council Chambers. Upon call for a vote, the following Council Members voted in the affirmative: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore And the following Council Members voted in the negative: None. Adopted this 171 day of September, 2019. Council Member Anthony 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. 11. Zonin2 Map Amendment Request to Rezone Properties Located Near Intersection of James Hamilton Road and Rockv River Road from Conditional District "Fowler Glen" to Conditional District "The Arbors" and Text Amendment Request to, City Council Regular Minutes September 17, 2019 Page 120 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." Mayor Kilgore opened the duly advertised public hearing. Senior Planner Doug Britt advised that this was a zoning map request and text amendment request for the properties located near the intersection of James Hamilton Road and Rocky River Road and further identified as tax parcel #s 09-336-029-D and 09-336-029-E. Mr. Britt advised that the request was to rezone the properties from Conditional District "Fowler Glen" to Conditional District "The Arbors." Mr. Britt advised that Conditional District "Fowler Glen" was approved by Council on April 5, 2004 and authorized the development of 38 single-family attached patio homes. He advised that the density of the project was 2.48 units per acre. Mr. Britt advised that the minimum sq. ft. approved for each patio home was 1,600 sq. ft. heated with a garage. He advised that the exterior materials approved for the project were brick, stone, stucco, fiber cement and similar materials. Insofar as area characteristics, Mr. Britt advised that adjoining, existing land uses included Single - Family Residential, commercial and vacant. He advised that zoning districts included Single - Family Residential (R-40), Conditional District and General Business (GB). Mr. Britt advised that the applicant, Moser Hall I, LLC, was requesting a Conditional District rezoning in order to develop a townhome project and a self -storage facility. He advised that the townhome project would be accessed off of James Hamilton Road and the storage facility would only be accessed off of Rocky River Road with no internal connection between the projects. In discussing the proposal, Mr. Britt advised that the residential portion of the project would be accessed off of James Hamilton Road and would include 100 three -bedroom unit townhomes. He advised that the minimum lot size of the townhomes would be 2,178 sq. ft. with an average of 2,379 sq. ft. Mr. Britt advised that the proposed townhomes would have a minimum of 1,400 sq. ft. heated floor area with a minimum of a one -car garage. He advised that the density of the townhome portion of the project was 6.93 units per acre. Mr. Britt advised that the commercial portion of the project would be accessed off of Rocky River Road and would consist of a three-story 90,000 sq. ft. climate controlled storage facility. He advised that the storage facility would have an outside area for the storage of operable vehicles, boats and RVs. Mr. Britt advised that the townhomes would have a 20 ft. front setback, a five ft. setback for the end units, a ten ft. setback for the corner lots and a 25 ft. rear setback. He advised that the commercial self -storage facility would have a 50 ft. front setback off of Rocky River Road, the left side would have a 40 ft. setback, the right side would have a ten ft. setback and the rear would have a ten ft. setback. With regard to landscaping and buffering, Mr. Britt advised that the Ordinance required multi- family/townhome projects to provide a 50 ft. landscaped buffer in order to screen the project from adjoining land uses. He advised that the applicant had provided a landscape plan that included a City Council Regular Minutes September 17, 2019 Page 121 mixture of large maturing trees, evergreen trees and shrubs in order to satisfy the intent and spirit of the Ordinance. In cases where the 50 ft. buffer could not be achieved, Mr. Britt advised that the developer would be supplementing the landscaping within the buffer with a solid opaque fence that would be six ft. tall. Mr. Britt advised that the applicant would provide landscaping along both James Hamilton Road and Rocky River Road. In discussing elevations, Mr. Britt advised that the exterior building materials for the proposed project would be brick, stone and fiber cement siding. He advised that the developer was proposing the front elevation to consist of a minimum of 25% of brick/stone with fiber cement siding. Mr. Britt advised that the minimum heated square footage as proposed would be 1,400 heated sq. ft. He advised that the homes constructed on slab foundations would provide a minimum of two courses of brick veneer. Mr. Britt advised that the garages would include carriage style hardware. Mr. Britt advised that all townhomes would have a minimum of a one -car garage with a paved driveway. Per the City's Ordinance, Mr. Britt advised that the project was required to provide at least 50% of open space for the townhome portion of the project which would equal 7.22 acres. He advised that as part of the Conditional District, the applicant was providing 61 % (8.77 acres) of open space. Mr. Britt advised that the developer was proposing an amenity area for the project to consist of green space and a gazebo/dock over the stormwater feature. He advised that there was not an open space requirement for the commercial portion of this project. Mr. Britt advised that the Ordinance required that multi -family projects provide parking at a rate (4w,of one space per bedroom plus an additional half space per unit. Based on 100 three -bedroom units, he advised that there would be a total of 350 parking spaces required for the residential portion of the project. Mr. Britt advised that the applicant was proposing for each townhome to have at least a one -car garage and a paved driveway that would accommodate at least one vehicle. He advised that there were 37 townhomes that were end units that would have driveways that could accommodate two vehicles. Mr. Britt advised that the developer was proposing a visitor parking lot with 30 parking spaces for an overall total of 267 parking spaces for the townhome project. He advised that the self -storage facility was providing 27 parking spaces. Mr. Britt advised that Staff did not have any issues with the number of spaces being provided. Mr. Britt advised that the proposed subdivision would be located within the following school districts: Porter Ridge Elementary, Piedmont Middle and Piedmont High. Mr. Britt advised that the developer was proposing to install five ft. minimum sidewalks on both sides of the interior streets as well as an eight ft. sidewalk along the property frontage of James Hamilton Road and Rocky River Road. Insofar as stormwater, Mr. Britt advised that the applicant would be required to meet both the water quality and water quantity per the Engineering Stormwater Manual to treat the water for the volume before it left the site as well as treat it for the water quality aspect before it left the site. He advised that if Council approved this project, the stormwater would be evaluated and reviewed at the building permit stage of the process. City Council Regular Minutes September 17, 2019 Page 122 Mr. Britt advised that the location, size and type of stormwater management systems depicted on the rezoning plan were subject to review and approval as part of the full development plan 4 submittal and were not implicitly approved with this rezoning. He advised that adjustments might be necessary in order to accommodate actual stormwater treatment requirements and actual site discharge points. Mr. Britt advised that at the time of site plan submittal, the site would meet stormwater management requirements in accordance with the Stormwater Management Ordinance contained in Chapter 159 of the City's Code of Ordinances. With regard to transportation, Mr. Britt advised that James Hamilton Road was maintained by the City of Monroe and Rocky River Road was maintained by the North Carolina Department of Transportation (NCDOT). Mr. Britt advised that the developer was proposing for all streets within the townhome project to be constructed to the City's street standards and maintained by the City. He advised that a traffic study was completed by the developer for the project. Mr. Britt advised that the City was requiring a left turn lane be installed along James Hamilton Road to mitigate the traffic impact of the proposed project. Mr. Britt advised that the project was located in an area where an existing NCDOT project (U05703) was underway. He advised that the NCDOT project provided for the reconfiguration of the intersection at US Highway 74 and Rocky River Road to a superstreet. Mr. Britt advised that the standard superstreet design as well as the Michigan Left configuration were intended to reduce potential conflict points while maintaining traffic flow. He advised that the superstreet concept resulted in increased safety by reducing conflict points at major crossovers, time savings from simplified signal phasing, improved signal coordination and dedicated U-turn lanes for efficiency. (400"" Mr. Britt advised that the intersection of US Highway 74 and Rocky River Road would utilize a Michigan Left superstreet design. He advised that traffic on all approaches to the intersection could proceed straight on both streets. Mr. Britt advised that a provision to make a direct left turn on either roadway was not provided at the intersection. He advised that to make the left movement, traffic on the primary street (US Highway 74) must travel through the intersection, make a U-turn followed by a right turn. Mr. Britt advised that traffic on the secondary street (Rocky River Road) would make the left turn movement by taking a right turn at the intersection followed by a U-turn onto the primary street (US Highway 74). Mr. Britt advised that as a result of the improvements planned for the intersection of US Highway 74 and Rocky River Road, the City was concerned with how James Hamilton Road would function. He advised that in 2016, the City entered into agreement with NCDOT to realign the intersections of both James Hamilton Road and Myers Road. Mr. Britt advised that NCDOT would incorporate the realignment of these roadways into the superstreet project for US Highway 74. He advised that the NCDOT road project was completely independent of the proposed rezoning. Mr. Britt advised that the building exterior materials for the proposed townhome project would be brick, stone and fiber cement siding. He advised that the developer had proposed that the front elevation would consist of a minimum of 25% brick or stone. (W Mr. Britt advised that at the Planning Board Meeting, the developer presented elevations for the storage facility and the Planning Board recommended the elevation using brick and glass exterior. City Council Regular Minutes September 17, 2019 Page 123 Mr. Britt advised that the developer had made a commitment that the exterior building materials for the storage facility would be brick and in substantial conformity with the elevation presented at the Planning Board Meeting. Mr. Britt advised that the project was consistent with the Land Development Plan. He advised that the project fell within a Neighborhood Mixed -Use Center. Mr. Britt advised that neighborhood centers attracted people from the surrounding residential area. He advised that these centers utilized neighborhood retail, professional office, service and other community -oriented activities. With regard to notification, Mr. Britt advised that the applicant sent a notification letter to the property owners within 200 ft. of the subject property, the applicant held a neighborhood meeting, City Staff posted a rezoning notification sign advertising the public hearing and, an official rezoning notification letter was sent to 27 adjacent property owners located within 150 ft. Mr. Britt advised that concerns raised at the neighborhood meeting included traffic and the density of the project. He advised that Staff had received calls expressing concerns with traffic in the area. Mr. Britt advised that it was the recommendation of the Planning Board that Council approve Conditional District "The Arbors" with the following conditions: outside storage of boats, RV's and vehicles shall be on a paved surface and shall be screened from view from any public right- of-way; and, the storage facility elevation shall be in substantial conformity with the elevation presented and agreed to by the applicant. (Mwo" Council Member Anthony felt that the proposed residential parking spaces lacked uniformity and would be aesthetically unusual. Mr. Britt stated that the only difference would be that the end units would have a wider driveway. Council Member Anthony stated that the existing properties had 2.8 units per acre. She stated that this proposed project would have 103 units with 6.9 units per acre. Council Member Anthony asked for the general consensus of the residents in attendance at the neighborhood meeting. 4 Mr. Britt stated that there were three people in attendance at the meeting. He stated that the residents did not agree or disagree with the project but rather expressed concern on the backed up traffic already in the area. Council Member Anthony asked for the general consensus of the calls received by Staff. Mr. Britt stated that the concerns expressed were regarding the traffic. Council Member Anthony stated that the Michigan Left was not going to improve the traffic and the area would remain backed up. City Council Regular Minutes September 17, 2019 Page 124 Mr. Britt advised that he felt that the superstreet would improve traffic because there would be less cars backing up because cars would not be allowed to turn left at the intersection. However, he 4 advised that he was not an engineer and could not advise how much improvement the area would see from the superstreet. Council Member Jordan asked if the information received on the school districts for this development was obtained from Union County Public Schools (UCPS). Mr. Britt advised that was correct. He stated that it was not uncommon for a student to attend an elementary school in one district and then a middle and/or high school in a different district. Council Member Jordan stated that he was just wondering why UCPS would separate the school districts from Porter Ridge Elementary then to Piedmont Middle/High. He stated that it would seem that once a student started out at Porter Ridge Elementary, it would be good for the family to just continue throughout the system. Mr. Britt stated that he did not disagree. He advised that this was common throughout Union County. Council Member Anthony asked if the townhomes were age -targeted. Mr. Britt stated that the townhomes were not age -targeted. Council Member Anthony asked for the price point of the townhomes. Mr. Britt deferred this question to the developer. Mr. Jack Gilmore stated that there were some statistics that stuck out that he wanted to address. Mr. Gilmore first questioned the attendance of only three people at a meeting held by the applicant. He stated that although he had said that the developer had tried to get in touch with neighbors, they must have done a poor job because they were not alerted to any of the things going on. Mr. Gilmore stated that the next issue that stuck out to him was the 100 townhomes and 267 parking spaces. He stated that traffic along James Hamilton Road was a nightmare during rush hour and was backed up. In addition, he advised that Rocky River was also backed up past Myers Road. Mr. Gilmore stated that there could potentially be 200 cars leaving the development during rush hour. He stated that the development was going to be horrendous for the traffic along that development. Mr. Gilmore stated that that the development was originally approved for 37 duplexes and to see it jump to 100 townhomes with very little feedback from any of the neighbors, in his opinion, 4 would be a disaster. He urged Council before they voted on this matter, to drive down James Hamilton Road at 7:00 a.m. and witness the volume of traffic already present. City Council Regular Minutes September 17, 2019 Page 125 Mr. Michael Theberge of Bohler Engineering advised that he was the engineer for the project and was speaking on behalf of the developer and the applicant. Mr. Theberge stated that he wanted to clarify a few points about the application. He stated that the number one concern he was hearing was the traffic which was a valid concern. Mr. Theberge stated that they had met extensively with NCDOT and the City on the traffic aspect starting in the fall of 2018. He advised that NCDOT completed their own study to make their basis on where they were pulling James Hamilton up to align with Myers Road. Mr. Theberge advised that NCDOT had done studies for the past four to five years leading up to the construction in the area. He advised that the studies showed that when Highway 74 was improved and James Hamilton Road was realigned, the traffic was not going to back up to the new intersection of James Hamilton Road and Myers Road and Rocky River Road. Mr. Theberge stated that NCDOT had �r based their location of the new intersection on this traffic study to try to make sure that the traffic (r was going to flow from James Hamilton Road onto Rocky River Road and onto Highway 74. Mr. Theberge stated that they did a separate study and tacked onto NCDOT's study to show that with the possibility of 200 new cars on the road, they would not further exacerbate this issue. He advised that the new traffic improvements would still function the way NCDOT intended and that was why NCDOT did not ask the applicant to do any additional improvements. Mr. Theberge stated that they were just trying to enact the comprehensive plan. He advised that the plan called for four to ten units per acre depending on how close they were to major intersections. Mr. Theberge stated that the project was coming in at seven units which was halfway between. Mr. Theberge advised that while the project was not an age -targeted development, it was a traditional, single-family development. He advised that the project was favorably looked upon by the Planning Board with a vote of eight to one. Mr. Theberge apologized to folks that might not have been notified. He stated that they reached out to the folks that were on a list that was provided to them. Council Member Anthony asked Mr. Theberge where he obtained the list of property owners to be contacted. Mr. Theberge stated that the list was compiled using GIS and information provided by City Staff. He advised that notification was only required to be sent property owners within a certain distance. Mr. Britt advised that Staff provided the listing of property owners within 150 ft. of the subject property. Council Member Anthony asked if there were more than three names on the list. Mr. Britt advised that there were more than three property owners. LMr. Theberge felt that the list contained approximately 20 names. City Council Regular Minutes September 17, 2019 Page 126 Ms. Vye Wight stated that with regard to the notification, it was her understanding that the only people that were contacted were within 200 ft. of this particular development. Ms. Wight stated that it was convenient for them to go over to the BP gas station because they would like to provide gas to other homeowners that had cars. She stated that there were not that many people there within 200 ft. Ms. Wight stated that they were unfair in the sense that James Hamilton Road met up with Secrest Short Cut. She stated that it was approximately 1.3 miles. Ms. Wight stated that if one thought about the number of homes already off of James Hamilton Road and that short piece where it connected on Secrest Short Cut, one would understand that there were already 182 homes on that short distance of road. She stated that this could put as many as 360 cars with people going in and out to work and school. Ms. Wight expressed additional concerns with increased traffic from Simpson Farms as well as the NCDOT street changes. Ms. Wight stated that there were already four storage units within 1.5 miles of the area. She questioned why the area needed a new three-story storage building. Ms. Wight stated that the community wanted to see this development to go back to the Fowler Glen requirements as that this would be acceptable as it was residential and did not contain businesses. Mr. Marty Barbee spoke in opposition of the project. Mr. Barbee stated that traffic was an issue. He advised that he could not get out of his driveway in rush hour. Mr. Barbee stated that traffic backed up from Highway 74 beyond his driveway which was almost half a mile. Mr. Barbee stated that he was for development when it was feasible and when it worked. He stated that this development was not going to work. Mr. Barbee stated that he had a business at his home and sometimes he had to pull trailers to get out of his property to go to where he was going to conduct business. He stated that he could not turn left because he would block traffic headed north on Rocky River Road. Mr. Barbee stated that he could not turn right either because he could not stay in the road with the trailer. He stated that he either had to leave late or earlier due to the heavy volume of traffic. Mr. Barbee stated with all due respect that the notification process was a "shamble." He stated that his next door neighbor who was located directly beside the proposed development did not get any type of notification. Mr. Barbee advised that his in-laws did not receive any notification either. Mr. Barbee stated that he received a letter three days prior to the meeting but due to a previous commitment, he could not make the May meeting. Mr. Barbee stated that the proposed traffic changes on the books now would be a huge pain for them trying to access Highway 74 from Rocky River Road. He stated that the changes might alleviate some of the current traffic situations but if this proposed project was added, it would be a total nightmare for traffic. Mr. Barbee stated that the proposed commercial development was a three-story storage facility. He stated that he did not see how this would fit into the community whatsoever. City Council Regular Minutes September 17, 2019 Page 127 Mr. Gene Vaughan stated that he represented the ownership group. Mr. Vaughan stated that not often did developers come into the presence of governmental and volunteer professionals and get feedback that could be used and applied to a project. He stated that this was what happened when this project was presented to the Planning Board. Mr. Vaughan stated that the Planning Board asked tremendous questions and provided the feedback they needed. Mr. Vaughan stated that the rendering of the proposed commercial building shared with Council was one of three choices that had been presented to the Planning Board. He stated that they were able to move the project forward and reflect some of the feedback that the Planning Board had given them. Mr. Vaughan stated that they did realize that the traffic flow in the area was troublesome. He stated that the realignment that the developer had provided to NCDOT with James Hamilton Road and Myers Road was their effort to try to do what they could to try to assist with that particular intersection and do the things that were within their control to make the situation better and not necessarily make it worse. Mr. Vaughan stated that it had been pointed out that this was a Mixed -Use Corridor as presented by City Staff to mix residential and commercial use in this particular corridor. He stated that it was the developer's effort to try to make sure that this was done in a controlled way to try to bring something that would be of benefit to the community, present opportunities for growth and traffic flow as it related to individuals moving around town and do so in a way that represented someone (aw" that was being conscious to the needs of the community and trying to do a quality effort in everything they did. Council Member Anthony stated that she drove N. Rocky River Road often and traffic was backed up at all times of the day. She stated that in her opinion, the addition of 267 more vehicles would cause further traffic issues. Council Member Anthony stated that even though this was a Mixed - Use Corridor, she felt that the design of the building did not fit in the atmosphere. She stated that most of the homes in the area were family homes and the commercial building would stand out like a sore thumb. Council Member Anthony stated that that she did not like the density of the project as it had been 2.9 units per acre and now, 6.9 units per acre were being proposed. Mr. Stephen Secrest stated that he agreed with all the traffic concerns that had been mentioned reiterating that traffic backed up in every direction. Mr. Secrest stated that even if James Hamilton Road were realigned, all the cars would have to turn left onto Rocky River Road. He stated that it was going to be impossible to turn left onto Rocky River Road. Mr. Secrest stated that he did not understand NCDOT's logic with not allowing right turns. He stated that Rocky River Road was the main way for people who lived on that side of Union County to get access to the new expressway. Ms. Jeanne Marie Scarlett stated that she shared everyone's concerns with the traffic. Ms. Scarlett stated respectfully, while traffic was a large issue, she wanted to humanize it a little and talk about safety and what that meant. City Council Regular Minutes September 17, 2019 Page 128 Ms. Scarlett stated that everyone was talking about the bottleneck at the turn in the road and how that was being solved. She stated that basically what was being done was further down the small snippet of road (which was essentially a country road), 100 townhomes were going to be built that would more than likely contain young families with children. Ms. Scarlett stated that this was dumping a whole lot of traffic around blind curves. She stated that there was an intersecting road that came down from where the Highway Patrol Station was located. Ms. Scarlett stated that there was a hill when exiting the Hamilton Place subdivision. She stated that when people came out, they could not see and they were flying down the road. Ms. Scarlett stated that more children were being placed in this area and no one had spoken about how the traffic was going to be controlled down this country road. She stated that Council needed to think about what the human cost could be on this road and not just think about traffic and inconvenience. 4 Mr. Gordon Barnes stated that he was new the area and moved to be closer to family. Mr. Barnes stated that as others had mentioned, the traffic in this area was horrible, difficult and dangerous. He stated that the proposed project was going to make the traffic much worse. Mr. Barnes stated that larger consideration needed to be given to the effects of the traffic pattern that this project would cause. He stated that this was upsetting to the people who would be affected by this change on a daily basis. Mr. Barnes stated that the issue was not about money but rather the quality of life. He stated that if he had been aware that this was the type of project was in the plans when he purchased his home, he would have given serious thought about moving. Mr. Vaughan requested an opportunity to hold a larger community meeting in effort to work with the neighborhood to try to satisfy their concerns. City Attorney Shah -Khan stated that this would be at the discretion of Council. There being no other speakers, Mayor Kilgore closed the public hearing. A. Action — Resolution Denvine Land Development Plan ComDliance. Mayor Pro Tem Anderson moved to adopt Resolution R-2019-50: RESOLUTION DENYING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "THE ARBORS" R-2019-50 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 "The Arbors" further described below property is consistent with the adopted Land Development Plan. The Land Development Plan identifies this area as a Neighborhood Mixed -Use Center. These centers support higher density residential. While commercial uses are likely to be prominent, these centers should emphasize a mixture of uses and residential housing units where possible. Single-family residential should be discouraged but may be used as a transition between land uses or to maintain continuity between the surrounding neighborhoods. The proposed project offers a commercial component as well as a residential component. However, the proposed development is not a reasonable use and in the public interest because the commercial component is not the prominent use and there is not a mixture of residential housing units. Based on the commercial use not being the prominent land use and the lack of a mixture of housing options, the conditions have changed which City Council Regular Minutes September 17, 2019 Page 129 justify amending the Land Development Plan. As a result of this zoning map amendment request denial, the Land Development Plan would be amended to reflect the land use modification. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Denying Land Development Plan Compliance for property with Union County Tax Parcel Numbers: 09-336-029-D and 09-336-029-E. Adopted this 171' day of September, 2019. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Action — Motion DenvinE Zoning Mal) Amendment. Mayor Pro Tem Anderson moved to deny the zoning map amendment request. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No.12. Zoning Mal) 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 Mal)" and Section 156.98 titled "Conditional Districts Established." Mayor Kilgore opened the duly advertised public hearing. Senior Planner Doug Britt advised that this was a zoning map request and text amendment request for the property located along Medlin Road and further identified as tax parcel # 09-197-025. Mr. Britt advised that the request was to rezone the property from Conditional District "1122 Medlin Road" to Conditional District "Medlin Forest." Mr. Britt advised that the applicant, BRD Land & Investment 1, LP, was requesting a Conditional District rezoning in order to develop an age -targeted, single-family residential subdivision consisting of 68 homes. He advised that the total area of the project was 28.11 acres, with 23% or 6.5 acres of common open space. Mr. Britt advised that the density of this project was 2.42 units per acre. Insofar as area characteristics, Mr. Britt advised that adjoining, existing land uses included Single - Family Residential and vacant. He advised that zoning districts included Conditional District and Single -Family Residential (R-20). City Council Regular Minutes September 17, 2019 Page 130 In discussing the proposal, Mr. Britt advised that the lot sizes within the development would range from 7,800 sq. ft. to 18,174 sq. ft. with an average lot size of 9,500 sq. ft. He advised that the proposed homes would have a minimum heated square footage of 1,700 with a two -car garage. Mr. Britt advised that the proposed setbacks were 25 ft. for the front, ten ft. for the side and 25 ft. for the rear. In discussing elevations, Mr. Britt advised that the exterior building materials for the proposed project would be brick, fiber cement and stone. He advised that the developer was proposing the front facade to consist of a combination of brick, stone or accent siding elements. Mr. Britt advised that the vinyl would only be used for eaves and soffits. He advised that the minimum heated square footage as proposed would be 1,700 heated sq. ft. Mr. Britt advised that the homes constructed on slab foundations would provide a minimum of four courses of brick veneer. He advised that the garages would include carriage style hardware. Mr. Britt advised that the lots would have a minimum of a two -car garage with two parking spaces exclusive of the garage. With regard to landscaping, Mr. Britt advised that all single-family homes would have sodded front yards prior to the issuance of the certificate of occupancy. He advised that the applicant was proposing for each lot to have at least one tree planted per front yard at the time of the certificate of occupancy. Mr. Britt advised that street trees would also be provided at a rate of one tree per lot throughout the development. He advised that corner lots would be provided with at least two street trees. Mr. Britt advised that vegetated buffers utilizing the existing tree canopy would be provided along all boundaries of the project as shown on the conceptual landscape plan. He (400., advised that the proposed buffer would be 50 ft. with the exception of a portion along the western side of project. Mr. Britt advised that the project was required to provide at least 12.5% open space for the total land area of the site which would equal 3.5 acres. He advised that the applicant was providing 23% or 6.5 acres of open space. Mr. Britt advised that the developer was proposing the amenity areas to consist of a picnic pavilion area with a fire pit and open recreation area. He advised that the project would include walking trails connecting the cul-de-sacs to the amenity area. Mr. Britt advised that the trails would be located to preserve as many existing trees as possible. taw Mr. Britt advised that each single-family detached dwelling would provide a two -car garage and a paved driveway that would accommodate at least two vehicles in addition to the garage space. Mr. Britt advised that the proposed subdivision would be located in the following school districts: East Elementary, Monroe Middle and Monroe High. He advised that the proposed subdivision was not expected to present an adverse impact to enrollment on these schools. Mr. Britt advised that the developer was proposing to install five ft. minimum sidewalks on both sides of the interior street as well as an eight ft. sidewalk along Medlin Road. Mr. Britt advised that the applicant would be required to provide stormwater management to treat the stormwater runoff for the project. He advised that if Council approved this project, the stormwater would be evaluated and reviewed at the building permit stage of the process. Mr. Britt City Council Regular Minutes September 17, 2019 Page 131 advised that the location, size and type of storm water management systems depicted on the rezoning plan were subject to review and approval as part of the full development plan submittal 4 and were not implicitly approved with this rezoning. He advised that adjustments might be necessary in order to accommodate actual stormwater treatment requirements and actual site discharge points. Mr. Britt advised that at the time of site plan submittal, the site would meet stormwater management requirements in accordance with the Stormwater Management Ordinance contained in Chapter 159 of the City's Code of Ordinances. Mr. Britt advised that the proposed project was located off of Medlin Road which was maintained by the North Carolina Department of Transportation (NCDOT). He advised that the developer was proposing for all streets in the development to be constructed to the City of Monroe street standards and be maintained by the City. Due to the number of lots being proposed for the project, Mr. Britt advised that a traffic impact analysis was not required by the City of Monroe or NCDOT. He advised that NCDOT stated that the project did not warrant the installation of any road improvements on Medlin Road. Mr. Britt advised that the Land Development Plan indicated that this area was Suburban. He advised that while residential uses typically take the form of neighborhoods with uniform housing types and densities, a mix of housing types and lot sizes was preferred in Suburban locations. Mr. Britt advised that the density for suburban residential was two to four units per acre. He advised that the development pattern of single-family residential at this location was consistent with the Land Development Plan. (6w.,e With regard to notification, Mr. Britt advised that the following actions were taken: the applicant sent a notification letter to the property owners within 200 ft. of the subject property; the applicant held a neighborhood meeting on July 8, 2019 to discuss the project with the few in attendance in support of the project; Staff posted a rezoning notification sign on September 6, 2019 advertising the public hearing; and, Staff sent an official rezoning notification letter to 30 adjacent property owners located within 150 ft. on September 6, 2019. Mr. Britt advised that it was the recommendation of the Planning Board that Council approve the zoning map request and text amendment request to rezone the property from Conditional District 1122 Medlin Road" to Conditional District "Medlin Forest." CCouncil Member Anthony asked if Staff received any responses from the letters that were mailed out and, if so, were the comments positive or negative. Mr. Britt stated that there was a concern early on regarding the lineup of access driveway for the project. He advised that after meeting with NCDOT and discussing the concern, the citizen was satisfied. Mr. Britt stated that he had received a few calls requesting basic information. Mr. Robert Hamby stated that he was in attendance to get information about the project because he did not receive information about the neighborhood meeting. Mr. Hamby stated that he if had seen this development beforehand, he would not be speaking because it looked like a nice (W development and if he had to have a project abutting his property, he could do much worse than this proposed project. City Council Regular Minutes September 17, 2019 Page 132 Ms. Sara Shirley advised that she was with American Engineering and was representing the applicant for the project. Ms. Shirley stated that they were excited about the project and felt that the site was well situated and was close to personal service industries. She stated that by having an age -targeted program to the development, they were not remise in understanding that they were very close to assisted living facilities and the hospital so they automatically had service centers close to their property. Ms. Shirley stated that the project proposed passive amenities for the site. She stated that the trail system would connect all the cul-de-sacs. Besides the trails, Ms. Shirley advised that the project would have a picnic pavilion and a fire pit. She advised that all the homes would be one-story and one and a half story with the master bedroom downstairs to really target the wiser community. Council Member McGee asked what school system this project would feed into. Ms. Shirley stated that the schools would be East Elementary, Monroe Middle and Monroe High which were all under capacity. Mr. Jerry Bastien stated that he was not aware of the project until the other day. Mr. Bastien advised that he owned the nine acres adjacent to this project. He advised that he already had issues with keeping people from fishing in a pond located on his property. Mr. Bastien stated that if this project was approved and he was not provided any type of a border (4m" between the project and his land, he would place "No Trespassing" signs and call the law on an hourly basis. He stated that if the Police would not respond, he would get some good dogs to keep people off of his property. Mr. Bastien stated that he might agree to the project if there was a good 200 ft. easement and fencing in between the property line. He stated that people should have known about the project. Ms. Shirley stated that per the legal requirements, notices were mailed out to all the adjacent property owners by United States postal mail. She advised that the addresses were obtained from the GIS system for the City of Monroe and Union County. Ms. Shirley stated that in terms of a 200 ft. easement, the proposed lots were only 130 ft. deep. She stated that a 200 ft. easement would already be eliminating a majority of the site to accommodate that a request. In terms of trespassing on someone else's property, Ms. Shirley stated they would be happy to put signs advising people that this was the property line and to not trespass on the adjacent property. She stated that they understood the concerns about people trespassing on other people's property. Ms. Shirley stated that they had developments in the City where concerns were raised about four wheelers crossing property lines. To address this concern, she advised that they also offered to put up "No Trespassing" signs. There being no other speakers, Mayor Kilgore closed the public hearing. City Council Regular Minutes September 17, 2019 Page 133 A A. Action — Resolution ADDroving Land Development Plan Compliance. Council Member Keziah moved to adopt Resolution R-2019-51: RESOLUTION APPROVING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "MEDLIN FOREST" R-2019-51 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 "Medlin Forest" further described below property is consistent with the adopted Land Development Plan, because the proposed use and density are in keeping with the plan. The Land Development Plan identifies this area as Suburban. The proposed development is a reasonable use and in the public interest because the suburban character area recommends a mix of housing types and lots size. The proposed project is for single family residential homes on lot sizes ranging from 7,800 square feet to 18,174 square feet with an average lot size of 9,500 square feet. Additionally, the density for the suburban character area is 2-4 units per acre and the density of the proposed use is 2.42 units per acres. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Approving Land Development Plan Compliance for property with Union County Tax Parcel Number: 09-197-025. Adopted this 17t' day of September, 2019. (40", Council Member McGee seconded the motion, which passed unanimously with the following votes: A AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None B. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:106 titled "Official Zoning MaD." Council Member Keziah moved to adopt Ordinance 0-2019-42: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-42 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 Minutes September 17, 2019 Page 134 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156 ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Section 1. Amend §156.106 OFFICIAL ZONING MAP as follows: Rezone the property located along Medlin Road and further identified as tax parcel #09- 197-025. The request is to rezone the property from Conditional District "1122 Medlin Road" to Conditional District "Medlin Forest." Section 2. This Ordinance shall be effective upon adoption. Adopted this 171' day of September, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem. Anderson and Mayor Kilgore NAYS: None C. Action — Ordinance Amending Code of Ordinances — Chanter: 156, Section 156:98 titled "Conditional Districts Established." Council Member McGee moved to adopt Ordinance 0- 2019-43: (400", ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-43 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156 ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Section 1. Amend §156.98 CONDITIONAL DISTRICTS ESTABLISHED as follows: Conditional District (CD) "Medlin Forest." Section 2. This Ordinance shall be effective upon adoption. L Adopted this 1711' day of September, 2019. City Council Regular Minutes September 17, 2019 Page 135 Council Member Keziah 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. 13. Zoning Mau 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 Usaee,, Chapter 156: Zoning Code, Section 156.106 titled "Official Zonine Mad' and Section 156.98 titled "Conditional Districts Established." Mayor Kilgore opened the duly advertised public hearing. Senior Planner Doug Britt advised that this was a request by Pace Development Group for a zoning text and map amendment for 118.99 acres located off Concord Avenue and further identified with parcel ID number 09-216-042. Mr. Britt advised that the request was to rezone the parcels from Residential (R-20) to Conditional District "Blue Sky Meadows." Insofar as area characteristics, Mr. Britt advised that adjoining, existing land uses included vacancy, the Union County Human Services Building and Single -Family Residential. He advised (400e that zoning districts included R-20 and Conditional District "Union County Human Services Building." Mr. Britt advised that the applicant was requesting a Conditional District rezoning in order to develop 360 single-family lots with 20% (23.76 acres) of open space. Mr. Britt advised that the density of the proposed project was 3.03 units per acre. He advised that the minimum lot size for the single-family lots was 6,000 sq. ft. with an average lot size of 6,746 sq. ft. 4 Mr. Britt advised that the proposed setbacks were 20 ft. for the front, five ft. for the side, ten ft. for the corner and 20 ft. for the rear. With regard to landscaping, Mr. Britt advised that the applicant was proposing for each lot to have one tree planted at the time the certificate of occupancy was issued for each dwelling. He advised that street trees would also be provided at a rate of one per lot at a consistent spacing throughout the project. Mr. Britt advised that there was a 50' streetscape buffer being provided along Concord Avenue. Mr. Britt advised that the developer was reserving a minimum of a 25 ft. buffer along the remaining three sides of the project. He advised that the developer planned to utilize the existing vegetation in the 25 ft. perimeter buffer around the entirety of the proposed community. In cases where there was no vegetation, Mr. Britt advised that supplemental plantings should be provided. He advised City Council Regular Minutes September 17, 2019 Page 136 that wherever feasible between the proposed lots and the perimeter property line, the developer was proposing to install a berm. Mr. Britt advised that if there was vegetation present in the buffer, a berm should not be required and the existing vegetation should satisfy proposed buffer standards outlined herein. He advised that all this would not be worked out until the design phase of the project pending Council's approval of the request. Mr. Britt advised that approximately six acres of the open space was located within the floodplain. He advised that the open space would include a cabana, park, playground and pool. Insofar as parking, Mr. Britt advised that each single-family home would have a two -car garage which would have carriage style hardware. He advised that driveways for the single-family lots would be able to accommodate at least two vehicles. 4 Mr. Britt advised that the developer was proposing to install five ft. sidewalks on all the interior streets as well as an eight ft. wide sidewalk along Concord Avenue. Mr. Britt advised that the developer would be required to meet the stormwater requirements for the City of Monroe which would require treatment of water quality and water quantity. He advised that this would be reviewed, if the project was approved by Council, at the building permit stage of the process. Mr. Britt advised that the development would have two access points into the site. He advised that a Traffic Impact Analysis (TIA) was completed for this project and reviewed by both the City and NCDOT. Mr. Britt advised that the subdivision would be located in the following school districts: Porter Ridge Elementary; Piedmont Middle; and, Piedmont High. With regard to home elevations, Mr. Britt advised that the developer was proposing the single- family homes to be a minimum of 1,400 heated sq. ft. He advised that the proposed exterior building materials would include fiber cement, stone, stucco, and/or brick. Mr. Britt advised that vinyl and/or metal (aluminum) might be utilized for windows, doors, trim work, soffits, etc. 4 Mr. Britt advised that the Land Development Plan indicated this area was Suburban. He advised that this was consistent with the density of 3.03 units per acre. With regard to public notification, Mr. Britt advised that the following actions were taken: the applicant sent a notification letter to the property owners within 150 ft. of the subject property; the applicant held a neighborhood meeting on August 13, 2019 with approximately 40 people in attendance with concerns raised including the price of the homes, possible fence and/or berm along the Hillsdale property line, traffic and lot sizes; City Staff posted a rezoning notification sign on September 6, 2019 advertising the public hearing; and, City Staff sent an official rezoning notification letter to the 68 adjacent property owners located within 150 ft. on September 6, 2019. 4W Mr. Britt advised that the developer did revise the plan and at the neighborhood meeting, committed to developing the berm. He stressed that until the design plans were completed, City Council Regular Minutes September 17, 2019 Page 137 contingent upon approval of this project, the developer nor Staff could tell the exact location of the berm/buffer. Mr. Britt advised that there would be a buffer whether it be in the form of landscaping or a berm along the Hillsdale property line. He advised that the remaining portion would be either supplemented or berm. Mr. Britt stated that the developer did mind doing a berm but with berm, there ended up being drainage issues; therefore, the developer would have to ensure the drainage would work and that there was no buffer already in place. Mr. Britt advised that the Planning Board did not provide a recommendation for Conditional District "Blue Sky Meadows." Council Member Anthony asked if the development was approved, would it be built around an existing church. Mr. Britt advised that was correct. Council Member Anthony asked if the proposed homes looked like the existing homes in the area. Mr. Britt stated that the Hillsdale homes were ranch -style and were probably built in the 1970's. He advised that proposed homes were a different style than the Hillsdale homes and would be a combination of single -story and two-story homes. Council Member Anthony asked if Staff foresaw any issues in getting to the church since it would be located in the center of the development. (4woe Mr. Britt advised that the City of Monroe would take over the maintenance of the streets. He stated that the church would have a short driveway, would turn onto a neighborhood street that would be publicly maintained and then proceed to Concord Avenue. Mr. David Simpson advised that he had reached out to Staff in the City Clerk's Office about providing a letter in support of the project. City Attorney Shah -Khan advised that since the letter was not provided 48 hours in advance Council, could not receive the letter. However, he advised Mr. Simpson that he was able to discuss with Council what was obtained in the letter. Mr. Simpson advised that he did not have a problem with the project. He stated that the only thing he questioned was the traffic. Mr. Simpson stated that for these 300 homes and 600 cars, there was only going to be two ways in and out of the development. He stated that all this traffic would dump out on Concord Highway. Mr. Simpson stated that he reached out to Police Chief Bryan Gilliard to see if there was another solution to the traffic concerns. Mr. Simpson stated that the developer had met with him twice and they had done everything they could to be good to him. He stated that the traffic in the area was getting worse. Mr. Eric Smith of Pace Development Group stated that Pace was a longtime Union County developer. Mr. Smith advised that Pace had helped build 1,600 plus homes in the local metro area. He stated that they had built great neighborhoods in Iredell County, Fort Mill, Concord, Huntersville and Mecklenburg County. City Council Regular Minutes September 17, 2019 Page 138 Mr. Smith stated that they were excited about the opportunity to bring their experience and success 4 to the City of Monroe. He stated that Pace's objective was to build an attractive and thoughtful neighborhood and provide much needed homes for Monroe and Union County residents. Mr. Smith stated that they had addressed all of Staff s comments. In addition, he advised that they had worked closely with High Hill Primitive Baptist Church and the neighbors. Mr. Smith stated that a community meeting was held at High Hill Primitive Baptist Church on August 13, 2019 and was attended by at least 40 community members. Mr. Smith stated that the buffer was an item that came out of the community meeting and the Planning Board Meeting. He stated that as Staff had mentioned, they had clarified what they were going to do insofar as screening, buffering and using existing vegetation around the final three sides of the property. Mr. Smith reiterated that there would be a 50 ft. landscape buffer along Concord Avenue. Mr. Smith advised that Blue Sky Meadows would offer a mix of attractive elevations and mix of home sizes. He advised that they would have hardie board siding. He advised that the fagade would be a mix of siding, stone and brick. Mr. Smith stated that they envisioned homebuyers to be school teachers, police officers, government workers, young families and empty nesters who want to live near their children. He advised that Blue Sky Meadows would provide quality housing for new and existing City of Monroe residents. Mr. Smith advised that the neighborhood would receive the amenities of a pool, cabana, (aw, playground and greenway trails throughout the neighborhood. Mr. Smith advised that the main entrance to Blue Sky Meadows was located directly across from an entrance to the Union County Health and Human Services facility. He advised that the development was located 1.2 miles from the Monroe Bypass which made this property ideal for residential development. Mr. Smith advised that the neighborhood was consistent with the City's adopted Land Use Plan. He advised that a traffic impact analysis was completed, reviewed and approved by the City. Council Member Anthony asked for the price range of the homes. Mr. Smith stated that prices would range from the high $200,000 moving into $300,000 depending on options and the size of the home. Council Member Anthony stated that the City needed housing but needed affordable housing. Due to the heavy traffic already in the area, Council Member Anthony asked if the location of the main entrance directly across from the Union County Health and Human Services facility could be moved. City Council Regular Minutes September 17, 2019 Page 139 Mr. Smith stated that City Staff wanted the entrance to line up with the Union County facility. He stated that this was a typical requirement because you would not want offset entrances. Council Member Anthony asked Mr. Britt if Staff made the request of the developer. Mr. Britt confirmed that the City's Engineering Department did make the alignment request. Council Member Anthony asked if this did not seem like extra congestion due to the existing traffic. Council Member Holloway stated that the development's main entrance would line up with the secondary entrance to the Union County Health and Human Services facility which was an employee entrance. He advised that this would not be as much traffic as if it were the public's main entrance. Mr. William Broome stated that everyone was talking about the traffic and the problems with it. Mr. Broome stated that the developers could not control the traffic. He stated that the only way they could control it would be to build fewer houses. Mr. Broome stated that he knew that this site could have up to four homes per acre built. Mr. Broome stated that the problem was the children having to attend an already packed school system. He asked Council to keep in consideration that already crowded schools and the traffic on the other side of the proposed project. (MO." Mayor Kilgore stated that the homes for this proposed project were three per acre. Mr. Broome stated that this was a nice project and he would be glad to have it located behind his home if it were not for the issues he mentioned previously. Mr. Jay Ross stated that he had been helping with the proposed project for over a year. Mr. Ross stated that before the project was off the ground, he approached the church first to make sure that they were involved in the process. He advised that they had positive meetings with the church. Mr. Ross stated that he was confident that they brought the best developer into the area to bring a project to the City of Monroe that in ten to 20 years from now, this would still be valuable and appreciating and not going downhill like other developments. Mr. Tim Speir, High Hill Primitive Baptist Church Treasurer, commended the developer. Mr. Speir stated that the church had been involved in the entire process. He stated that the church's main concern was keeping the church property sacred. Mr. Speir stated that the church's interest would be deviated slightly. He stated that the church had a very good relationship with the developer and they were keeping the church's property sacred. There being no other speakers, Mayor Kilgore closed the public hearing. City Council Regular Minutes September 17, 2019 Page 140 A. Action — Resolution Denving Land Development Plan ComDliance. Council Member Anthony moved to adopt a Resolution denying Land Development Plan Compliance: RESOLUTION DENYING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "BLUE SKY MEADOWS" R-2019-52 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 "Blue Sky Meadows" further described below property is consistent with the adopted Land Development Plan. The Land Development Plan identifies this area as Suburban. The suburban character area recommends a mix of housing types and lot sizes. The proposed project is for single family residential homes on a mix of lot sizes ranging from 6,000 square feet to 12,728 square feet with an average lot size of 6,746 square feet. Additionally, the density for the suburban character area is 2-4 units per acre, and the density of the proposed use is 3.03 units per acre. However, the proposed project is not a reasonable use because of the substantially smaller lots proposed for the project, nor is it in the public interest because of the surrounding larger lots that border the proposed subdivision. Based on the amount of larger lots in the area, the conditions have changed which justify amending the Land Development Plan. As a result of this zoning map amendment denial recommendation, the Land Development Plan would be amended accordingly to reflect the land use modification. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Denying Land Development Plan Compliance for property with Union County Tax Parcel Number: 09-216-042. The motion failed for lack of a second. Council Member Keziah stated that Mr. Simpson was very complimentary of the developer but in the same token, he was opposite on the traffic end. He asked Mr. Simpson where he stood on the proposed project. Mr. Simpson stated that he (and Tom Hulme) were in favor of the project. He stated that the developer had been most helpful and had been meeting with them. Mr. Simpson stated that with regard to traffic, the engineers needed to get together and look at options to alleviate traffic in the area. Mr. Simpson reiterated that he did not have an issue with the project and he was supportive. B. Action — Resolution Approving Land Development Plan ComDliance. Council Member Keziah moved to adopt Resolution R-2019-52: RESOLUTION APPROVING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "BLUE SKY MEADOWS" R-2019-52 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 "Blue Sky Meadows" further described below property is consistent with the adopted Land Development Plan. The Land Development Plan identifies this area as Suburban. The City Council Regular Minutes September 17, 2019 Page 141 suburban character area recommends a mix of housing types and lots size. The proposed project is for single family residential homes on a mix of lot sizes ranging from 6,000 square feet to 12,728 square feet with an average lot size of 6,746 square feet. Additionally, the density for the suburban character area is 2-4 units per acre, and the density of the proposed use is 3.03 units per acre. The proposed project is reasonable and in the public interest because the project being proposed will have homes that will be comparable to the existing homes in the area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Approving Land Development Plan Compliance for property with Union County Tax Parcel Number: 09-216-042. Adopted this 171 day of September, 2019. Council Member Holloway seconded the motion, which passed with the following votes: AYES: Council Members Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: Council Member Anthony C. Action — Ordinance AmendinLy Code of Ordinances — Chapter: 156, Section 156:106 titled "Official Zonine Mad". Council Member Keziah moved to adopt Ordinance 0-2019-44: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-44 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156 ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Section 1. Amend §156.106 OFFICIAL ZONING MAP as follows: Rezone the property located west of Concord Avenue (Tax Parcel 09-216-042) from R-20 (Residential -Low Density) to Conditional District (CD) "Blue Sky Meadows." Section 2. This Ordinance shall be effective upon adoption. Adopted this 171' day of September, 2019. Mayor Pro Tern Anderson seconded the motion, which passed with the following votes: AYES: Council Members Holloway, Jordan, Keziah, City Council Regular Minutes September 17, 2019 Page 142 McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: Council Member Anthony D. Action— Ordinance Amendine Code of Ordinances — Chapter: 156, Section 156:98 titled "Conditional Districts Established." Council Member Keziah moved to adopt Ordinance 0- 2019-45: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-45 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156 ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Section 1. Amend §156.98 CONDITIONAL DISTRICTS ESTABLISHED as follows: Conditional District (CD) "Blue Sky Meadows." Section 2. This Ordinance shall be effective upon adoption. Adopted this 171' day of September, 2019. Council Member Holloway seconded the motion, which passed with the following votes: AYES: Council Members Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore 4 NAYS: Council Member Anthony Item No. 14. 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 Anthony 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 was 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 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 City Council Regular Minutes September 17, 2019 Page 143 A A A Monroe. 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 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 Item. 15. Chancre of Date for ON Council Meetinss of November 5. 2019. By consensus of Council, the City Council Strategic Planning Meeting scheduled for November 5, 2019 at 4:00 p.m. has been rescheduled to be held on November 12, 2019 at 4:00 p.m. in the City Hall Conference Room. In addition, the City Council Regular Meeting scheduled for November 5, 2019 at 6:00 pm. has been rescheduled to be held on November 12, 2019 at 6:00 p.m. in the City Hall Council Chambers. Both meeting locations are in City Hall located at 300 West Crowell Street in Monroe, North Carolina. There being no further business, Council Member Keziah moved to adjourn the City Council Regular Meeting of September 25, 2019 at 8:00 p.m. 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 in Attest: m o) � Gs ►.�i. lqft - i •. • - I �� -I-B I M City Council Regular Minutes September 17, 2019 Page 144