Loading...
11/18/2008 Regular City Council MeetingCITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 NOVEMBER 18, 2008 - 6:30 P.M. AGENDA www.monroenc.org 1. Recognitions A. October 2008 Citizen Recycling Incentive Program Awards B. Oath of Office -Johanna Katherine Lodder C. Oath of Office -Darren Lee Nash D. Oath of Office -James Michael Smith 2. City Manager Comments A. Charlotte Avenue and Concord Avenue Realignment Project B. Christmas in Downtown Monroe C. December 2, 2008 City Council Strategic Planning Meeting and Regular City Council Meeting D. Police Department Recognition CONSENT AGENDA The City Council uses a Consent Agenda to consider items that are non- ~~ controversial and routine. The Consent Agenda is acted upon by one motion and vote of the Council. Items may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council Member or Citizen with consent of Council. The Consent Agenda contains the following items: 3. Approval/Acceptance of Minutes and Staff Reports A. Minutes of Regular City Council Meeting of November 4, 2008 B. Minutes of Economic Development Commission Meeting of August 7, 2008 C. Minutes of Monroe Tourism Development Authority Meetings of August 14, 2008 and September 18, 2008 D. Minutes of Finance Committee Meeting of September 11, 2008 E. Minutes of Downtown Advisory Board Meeting of October 28, 2008 F. Draft Minutes of Planning Board Meeting of November 5, 2008 G. City Financial Reports -November 2008 H. Summary of Contracts Awarded, Change Orders Approved, and City Manager Settlement of Claims 4. Ordinance Amending Code of Ordinances -Chapter 75: Traffic Schedule I - Speed Limits 5. Call for Public Hearings to be Held December 2, 2008 A. Zoning Map Amendment to the Conditional District "The Park at Monroe" to Add Additional Square Footage to the Building on Lot 1 Regular City Council Meeting November 18, 2008 Page 69 B. Zoning Map Amendment Request for Property Located at 611 East Windsor Street, East of Morgan Mill Road and North of Windsor Street to Conditional District "Covenant Waste" 6. Schedule of City Council Meetings for Calendar Year 2009 REGULAR AGENDA Public Hearings -Please adhere to the following guidelines: • Proceed to the podium, and state your name and address clearly; • Be concise; avoid repetition; limit comments to three (3) minutes or less; ~ Designate a spokesperson for large groups. 7. Comprehensive Annual Financial Report for Year Ended June 30, 2008 8. Zoning Map Amendment Request by Brad and Carol Bradley for Property Located at 1103 Icemorlee Street from OT (Office Transitional) to Conditional District "Icemorlee Business Center" (Public Hearing Closed; Action Tabled from November 4, 2008 City Council Meeting) A. Action - 9. Zoning Map Amendment Request to Expand the South Monroe Historic District to ~ Include a Southwest Area A. Public Hearing B. Action -Zoning Map Amendment C. Action -Resolution of Land Development Compliance - "South Monroe Historic District Overlay District Expansion 10. Addition of Chapter 58: Stormwater Utility Ordinance to the Monroe City Code of Ordinances and Fee Amendment to the City of Monroe Fees Schedule (Chapter IV, Section 6) A. Public Hearing B. Action -Ordinance to Add Stormwater Utility to Code C. Action -Ordinance Amending Fees Schedule 11. Request for Water and Sewer Tap Fee Waiver -Shining Light Baptist Church 12. Public Comment Period 13. Thanksgiving Holiday Schedule 14. Closed Session Pursuant to N.C.G.S. 143-318.11(a)(5) Regular City Council Meeting November 18, 2008 Page 70 CITY OF MONROE REGULAR CITY COUNCIL- MEETING ;NOVEMBER 18, 2008 - 6:30 P.M. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on November 18, 2008 with Mayor Kilgore presiding. Present: Mayor Bobby G. Kilgore, Mayor Pro Tem P.E. Bazemore, Council Members John Ashcraft, Billy Jordan, Lynn Keziah, Dottie Nash, Robert J. Smith, City Manager F. Craig Meadows, City Attorney Terry Sholar, and City Clerk Bridgette H. Robinson. Absent: None. Visitors: Jim Loyd, Chris Costner, Bryan Gilliard, David Williams, John Rogers, Susan Barnett, Steve Barnett, Beth Greene, Jeff Arwine, Tom Owens, A. Owens, Susan McGinnis-Craig, Butch Stewart, Pat Stewart, Bengie Mullis, Tim Cruse, Don Donahue, Jill Leamy, Michael Chambers, Kent Wilkinson, Angela Wilkinson, William Klgo, Bradley Evans, P.G. Broome, Vickie Hedgepeth, Margie Duncan, Todd Hedgepeth, Gail Hicks, Michele Shoultes, Charles Ray, Chris Carrion, ~~ Roger Wilds, Chris Rowan, Timothy McEntire, Joe Plyler, Greg Mockalis, Mike Smith, Sissy Smith, Ray Biggers, Taylor Self, Robin Smith, Cindy Smith, Micky Smith, Donna Mockalis, James Kerr, Mike Gianpetro, Ryan Caldwell, Mark Greene, Bobby Manus, Pat Nash, J.H. Dickerson, John Kapelar, Michael Sass, E.P. Bradley, Judith Page, Robert Page, Fred Howell, Carol Bradley, Hayden Bradley., Connor Bradley, Tesha McBeth, and others. Mayor Kilgore called the Regular City Council Meeting of November 18, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. Reco~riitions. A. October 2008 Citizen Recyclin~ Incentive Program Awards. Mayor Kilgore recognized the winners of the Citizen Recycling Incentive Program Awards for October 2008: First Place ($200) -Donna Mockalis and Second Place ($100) -Thomas C. Owens. Ms. Mockalis will compete with future monthly winners for the annual grand prize of $500 which is being provided by Allied Waste Industries in June 2009. B. Oath of Office -Johanna Katherine Lodder. Mayor Kilgore administered the Oath of Office to Johanna Katherine Lodder: Regulaz City Council Meeting November 18,-2008 Page 71 I, Johanna Katherine Lodder, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution ~' and laws of North Carolina not inconsistent therewith; and that I will faithfully and impartially discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. /s/ Johanna Katherine Lodder C. Oath of Office -Darren Lee Nash. Mayor Kilgore administered the Oath of Office to Darren Lee Nash: I, Darren Lee Nash, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that I will faithfully and impartially discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help_me.God. /s/ Darren Lee Nash D. Oath of Office -James Michael Smith. Mayor Kilgore administered the Oath of Office to James Michael Smith: I, James Michael Smith, do solemnly swear that I will be alert and vigilant to enforce the criminal laws of this state; that I will not be influenced in any matter on account of personal bias or prejudice; that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith; and that I will faithfully and impartially discharge and execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me God. /s/ James Michael Smith Item No. 2. City Manager Comments. City Manager Meadows briefed Council on the following: A. Charlotte Avenue and Concord Avenue Realignment Proiect. Eagle Engineering, design consultants for the Charlotte Avenue and Concord Avenue realignment project, will be holding a public informational meeting on November 20 from 5:00 p.m. to 7:00 p.m. in the City Hall Council Chambers. B. Christmas in Downtown Monroe. The "Christmas in Downtown Monroe" event will be held on December 6 from 4:00 p.m. to 8:00 p.m. Santa will arrive at 4:00 p.m. and the tree lighting ceremony will take place at 6:00 p.m. C. December 2, 2008 City Council Strategic Planning Meeting and Regular City Council Meeting. Pursuant to action taken by Council on October 21, the December 2, 2008 City Council Strategic Planning~Meeting and Regular City Council Meeting will be held at the Old Armory located at 500 South Johnson Street. Regular City Council Meeting November 18, 2008 Page 72 D. Police Department Recognition. The City received a letter from the High Point Police Department DCI Coordinator, Pamela Fortune, who recently conducted a Report Writing class for the Monroe Police Department. Ms. Fortune stated that "the officers and staff of the agency are some of the most impressive people that I have had the pleasure of working with in the 30 years I have been associated with the High Point Police Department. Having dealt with a significant number of agencies in the state, I would have to say that the Police Department in Monroe and its staff are some of the most professional and courteous people that I have met. Your citizens should be grateful to have such an outstanding group of people protecting their lives and their interests." CONSENT AGENDA Mayor Kilgore reviewed the Consent Agenda and asked if any member of the Council or citizen would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Written background information was provided in advance in the Council Agenda Packets for each item on the Consent Agenda. No further discussion was held. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 3. ApprovaUAcceptance of Minutes. ,~,, A. Minutes of Regular City Council Meeting of November 4, 2008. Council Member Nash moved to approve the Minutes of the Regular City Council Meeting of November 4, 2008. Council Member Smith seconded the. motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Minutes of Economic Development Commission Meeting of August 7, 2008. Minutes of `.. the Economic Development Commission Meeting of August 7, 2008 were received as information by Council. B. Minutes of Monroe Tourism Development Authority Meetings of August 14, 2008 and September 18, 2008. Minutes of the Monroe Tourism Development Authority Meetings of August 14, 2008 and September 18, 2008 were received as information by Council. D. Minutes of Finance Committee Meeting of September 11, 2008. Minutes of the Finance Committee Meeting of September 11, 2008 were received as information by Council. Regulaz City Council Meeting November 18, 2008 Page 73 E. Minutes of Downtown Advisory Board Meeting of October 28, 2008. Minutes of the Downtown Advisory Board Meeting of October 28, 2008 were received as information by Council. F. Draft Minutes of Planning Board Meeting of November 5, 2008. Draft Minutes of the Planning Board Meeting of November 5, 2008 were received as information by Council. G. City Financial Reports -November 2008. City financial reports for November 2008 were received as information by Council. H. Summary of Contracts Awarded, Change Orders Approved, and City Manager Settlement of Claims. City Manager Meadows reported by memorandum the award of contracts pursuant to Ordinance 0-2001-17 and Change Orders approved pursuant to Resolution R-2000-76. There were no settlement of claims. Date Name Purpose FiscalIm act Fund Amount 10/15/08 Crump Electric Taking down existing light *$3,100 fixtures and replacing with new General fixtures at Dickerson G m 10/21/08 Aqua-Trol, Inc. Hwy 200 N Annex area- installed Water $17,000 grinder um annual ins ections Resources 10/21/08 Site Selection Magazine For marketing -Economic .General $17,823 Development and Charlotte- and Airport Monroe Executive Air ort 10/22/08 Resolve Environmental Phase II Environmental Site General *$3,340 Services, PLLC Assessment for 329 East Franklin 10/24/08 CMI Contracting, Inc. Charlotte-Monroe Executive ~ „ " Airport $11,275 (Chan e Order) Ai ort -Borrow Site A 10/29/08 Wood Harvest, Inc. To grind brush piles at golf course General *$4,800 and leave mulch on site 10/30/08 System Valve Services, Perform valve services N Gas *$4,999 Inc. *Approved by Department Director Total $62,337 Item No. 4. Ordinance Amending Code of Ordinances -Chapter 75: Traffic Schedule I - Mr. Loyd advised that currently, each street and neighborhood is not posted. Residents making the requests had similar concerns about high speeds and the safety of their neighborhoods. Since the streets in question are residential in nature, staff recommended that Council adopt an Ordinance reducing the speed limit from 35 mph to 25 mph on entire length of Zephyr Circle, `- Speed Limits. Engineering Director Jim Loyd advised by memorandum that requests were received from residents to lower the speed limit on the following streets to 25 mph: Zephyr Circle (entire length from Olive Branch Road); Meadow Creek Lane (entire length from Zephyr Circle); and North Bragg Street (entire length from West Franklin Street). Meadow Creek Lane, and North Bragg Street from West Franklin Street. Council Member Nash moved to adopt Ordinance 0-2008-50: Regulaz City Council Meeting November 18, 2008 Page 74 ORDINANCE TO AMEND TITLE VII, CHAPTER 75: TRAFFIC SCHEDULES OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-50 BE IT ORDAINED by the City of Monroe Council that Title VII: Traffic Code, Chapter 75 - Traffic Schedules, of the City of Monroe Code of Ordinances be amended as follows: Section 1. Schedule I. (B) Speed Limits -City Maintained Streets ADD: STREET NAME DESCRIPTION SPEED LIMIT Bragg Street Entire Len th north from Franklin Street 25 Meadow Creek Lane Entire Len th 25 Zephyr Circle Entire Length 25 Section 2. This Ordinance shall be effective upon adoption. Adopted this 18`" day of November, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 5. Call for Public Hearings to be Held December 2, 2008. A. Zoning Man Amendment to the Conditional District "The Park at Monroe" to Add Additional Square Footage to the Building on Lot 1. Council Member Nash moved to call for a public hearing to be held on December 2, 2008 at 6:30 p.m. at the Old Armory located at 500 South Johnson Street to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Zoning Man Amendment Reauest for Property Located at 611 East Windsor Street East of Morgan Mill Road and North of Windsor Street to Conditional District "Covenant Waste." Council Member Nash moved to call for a public hearing to be held on December 2, 2008 at 6:30 p.m. at the Old Armory located at 500 South Johnson Street to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: Regular City Council Meeting November 18, 2008 Page 75 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 6. Schedule of City Council Meetings for Calendar Year 2009. Council Member Nash moved to approve the Schedule of City Council Meetings for calendar year 2009: CITY OF MONROE 2009 SCHEDULE OF CITY COUNCIL MEETINGS (Regular Meetings -First and Third Tuesdays) (` ._. ~ ~ ~~,; bATF. ~~ .,_. ,.,TYPE;,..- ..:;LOCATION„~'~~ __...r ~ `"~':"ti _ "t E~~,; ~IM , ~ .~, January 6 Strategic Planning Meeting City Hall Council Chambers 4:00 p.m. January 6 Regular Meeting City Hall Council Chambers 6:30 .m. January 20 Regular Meeting City Hall Council Chambers 6:30 .m. February 3 Strategic Planning Meetin City Hall Council Chambers 4:00 p.m. Februar 3 Re ular Meeting City Hall Council Chambers 6:30 .m. February 12 Februar 13 Strategic Planning Retreat Old Armory 500 South Johnson Street 8:30 a.m. - 5:00 p.m. 8:30 a.m. - 12:00 .m. February 17 Regular Meetin City Hall Council Chambers 6:30 .m. March 3 Strategic Planning Meeting City Hall Council Chambers 4:00 p.m. March 3 Regular Meeting City Hall Council Chambers 6:30 .m. March 17 Regular Meeting City Hall Council Chambers 6:30 .m. Apri17 Strategic Planning Meetin City Hall Council Chambers 4:00 p.m. A ril 7 Regular Meeting City Hall Council Chambers 6:30 .m. A ri121 Regular Meeting Cit Hall Council Chambers 6:30 .m. May 5 Strategic Planning Meeting . City Hall Council Chambers 4:00 p.m. Ma 5 Re ular Meetin Cit Hall Council Chambers 6:30 .m. May 19 Regular Meeting Cit Hall Council Chambers 6:30 .m. June 2 Strategic Planning Meeting City Hall Council Chambers 4:00 p.m. June 2 Regular Meeting Cit Hall Council Chambers 6:30 .m. June 16 Re ular Meetin City Hall Council Chambers 6:30 .m. Jul 21 Re ular Meetin Ci Hall Council Chambers 6:30 .m. August 18 Regular Meeting Ci Hall Council Chambers 6:30 .m. September 1 Strategic Planning Meeting City Hall Council Chambers 4:00 p.m. Se tember 1 Regular Meeting City Hall Council Chambers 6:30 .m. Se tember 15 Re ular Meetin Cit Hall Council Chambers 6:30 .m. October 6 Strategic Planning Meeting City Hall Council Chambers 4:00 p.m. October 6 Regular Meeting City Hall Council Chambers 6:30 .m. October 20 Re ular Meetin City Hall Council Chambers 6:30 .m. November 3 Strategic Planning Meeting City Hall Council Chambers 4:00 p.m. Regular City Council Meeting November 18, 2008 Page 76 1DA'~TE ~,T~Y~?E'+~ ,. `,. ~,"' ~,L;OCATIQN. "" ~~'. TIME November 3 Regular Meetin Ci Hall Council Chambers 6:30 .m. November 17 Regular Meeting City Hall Council Chambers 6:30 .m. December 1 Strategic Planning Meeting City Ha11 Council Chambers 4:00 p.m. December 1 Regular Meeting- City Hall Council Chambers 6:30 .m. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor' Pro Tem Bazemore, and Mayor Kilgore NAYS: None REGULAR AGENDA Item No. 7. Comprehensive Annual Financial Report for Year Ended June 30. 2008. Mr. John Kapelar of Potter and. Company advised that his company was responsible for the audit of the City of Monroe. He advised that the objective of the audit was to provide reasonable assurance that the Comprehensive Annual Financial Report was fairly presented and free of material misstatement. Mr. Kapelar advised that the audit resulted in an unqualified opinion which is the highest level of assurance a CPA firm can issue. He advised that they also issued an unqualified opinion on the City's compliance with laws, regulations, contracts, and grants related to Federal and State monies received. Mr. Kapelar stated that in the performance of the City's General Fund for the past year, in its final budgeted numbers for the year, the City had appropriated $1,599,000 for the Fiscal Year ended June 30, 2008 and the City did not have to dip into its General Fund reserves as originally planned. The City also showed an excess of revenues over expenditures of $2.5 million for the year which brought the City's total General Fund Balance at the end of Fiscal Year 2008 to $20.6 million. Of this, $10.7 million (51 %) was undesignated. Mr. Kapelar thanked Director of Finance and Administration Jim Fatland and the City's Finance Department for the work on the Report. Council commended staff for the excellent report, and its timely completion. Item No. 8. Zoning Map Amendment Request by Brad and Carol Bradley for Property Located at 1103 Icemorlee Street from OT (Office Transitional) to Conditional District "Icemorlee Business Center" (Public Hearing Closed; Action Tabled from November 4, 2008 City Council Meeting). A. Action -Motion to Table. Council Member Nash made a motion to continue this. matter until January 6, 2009 to allow staff time to conduct a survey of surrounding Mexican Regular City Council Meeting November 18, 2008 Page 77 convenience stores to see if this proposed request would affect other parties. Council Member Keziah seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 9. Zoning Map Amendment Request to Expand the South Monroe Historic District to Include a Southwest Area. A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Assistant City Manager Wayne Herron stated that staff was recommending a zoning map amendment to expand the South Monroe Historic Overlay District. Mr. Herron reviewed a site plan showing the current Historic District which encompasses Beasley Street, Church Street, Houston Street, parts of Morrow Avenue, and Talleyrand Avenue. Areas in the proposed expansion include locations around the cemetery, Lancaster Avenue, traveling up Franklin Street extending west to a point near Parker Street. Mr. Herron advised that in .October 2003, at the request of the Historic District Commission, staff partnered with the Division of Community Assistance of the North Carolina Department of Commerce to study areas within the National Historic District, but not currently within the locally designated South Monroe Historic District, to determine the appropriateness to extend the local district. Mr. Herron stated that just as with the national historic designation, the boundaries of the district are drawn to include residential development between 1870 and 1945. The properties within the boundary for the South Monroe Historic District Expansion are related historically, stylistically, and geographically. Mr. Herron stated that in -June 1987, Black and Black Preservation Consultants successfully nominated to the National Register of Historic Places approximately 68 blocks southeast, south, and west of the Monroe central business district. This area is designated the "Monroe Residential Historic District." Mr. Herron advised that in 1983, the Monroe Historic District ,_„ Commission recommended that Council locally designate approximately 215 homes in the south/southeast area of the National Historic District as the "South Monroe Historic District." The proposal was accepted and the district now carries both the national and local historic designation. The area is regulated under Article XVI -Historic District Regulations of the City Ordinance. t Mr. Herron advised that in addition to Article XVI, there are published design guidelines for the South Monroe Historic District, which assist the Historic District Commission in reviewing the appropriateness of proposed exterior changes to properties located in this district. He advised that the purpose of this study was to articulate sound justification for the south/southwest area of the Monroe Residential Historic District to be included in the South Monroe Historic District. Regular City Council Meeting November 18, 2008 Page 78 Mr. Herron stated that the proposed district contained 247 buildings, 208 contributing structures, 39 non-contributing structures, and one contributing site, the Monroe Cemetery. ~~ Mr. Herron stated that the proposed South Monroe Historic District Expansion includes substantial architectural integrity that is in keeping with the character of the existing Monroe Residential Historic District. Mr. Herron stated that properties not included in the national nomination but that are included in this expansion study are: 804 West Franklin Street, 302 North Johnson Street, 605 Lancaster Avenue, 607 Lancaster Avenue, 609 Lancaster Avenue, 611 Lancaster Avenue, 701 Lancaster Avenue, and 705 Lancaster Avenue. Mr. Herron advised that all of the properties are documented in the Monroe Inventory of Historic Architecture, published in 1978, or Sweet Union: An Architectural and Historical Survey of Union County, NC, published in 1990. He reported that only half of the primary buildings listed in this local register were eligible for the national nomination in 1987. In order to not include additional non-contributing buildings in the nomination, these buildings were not included at that time. Mr. Herron stated that in spite of this, the architectural and historical significance of these architectural gems are included in various publications. He reported that these publications highlight the architectural contributions and geographic relationship of these buildings with the properties in the National Historic District. Mr. Herron stated that it was for this reason that this report strongly recommends the inclusion of the mentioned properties in the South Monroe Historic District. Staff, the Historic District Commission, the Land Development Committee, and the Planning Board recommended approval of the zoning -map amendment to expand the South Monroe Historic District Overlay District. Ms. Vickie Hedgepeth, 410 East Talleyrand Avenue, stated that she was the Chairman of the Historic District Commission and on behalf of the Commission she requested that Council approve the request. She stated that the proposal was a community effort initiated and supported by homeowners in the proposed Historic District expansion. She stated that this request also came as a recommendation from State. Ms. Hedgepeth stated that according to the North Carolina State Historic Preservation Office, they advise that the historical heritage of this state was one of its most valued and important ~ assets and that the conservation acid preservation of historic districts and landmarks stabilize and increase property values in their areas and strengthen the overall economy of the state. Ms. Hedgepeth stated that currently the Historic District and the Historic District Commission was receiving commendations from the North Carolina of Cultural Resources. She stated that letters received from this agency report that Monroe was taking part in a national initiative to preserve the unique and valuable historic character of over 1,500 communities across the country. Ms. Hedgepeth stated that staff members of the State Historic Preservation Office have reviewed art history and information Monroe has sent to them and they advise that Monroe is fulfilling their obligations admirably. Regular City Council Meeting November 18, 2008 Page 79 Ms. Hedgepeth stated that this was a community effort initiated long ago by the homeowners in the proposed expansion area. She stated that Council approval would show the commitment. to preserving the character of the community and would add to the stability of a community as well as the financial benefits of the state. Mr. James Kerr stated that it had been ten years since this conversation began and five years since the paperwork was initiated. He thanked Council for the time involved. He stated that this expansion was part of the success that would be seen as part of the new Downtown Master Plan. Mr. Kerr stated that the continued preservation and enhancement of downtown would benefit Monroe as a whole. Mr. John Dickerson stated that he was a member of the Union County Historic Preservation Commission and spoke on behalf of the Commission in favor of this request. The Commission felt that this would be a significant benefit for Monroe, Union County, and the region and requested that Council approve the expansion. Mr. Dale Loberger, 502 South Washington Street, stated that he served on the Historic District Commission and he had waited 15 years for this expansion. He stated that he had done a lot of work in restoring his home and had done so without the protection of being in the Historic District. Mr. Loberger stated that he looked forward to having the protection of being in the Historic District because knowing that the investment that he was making in his property would be preserved and his contributions to making the neighborhood and the community a nicer place would also be preserved. Mr. Loberger stated that there was some success of people investing in their homes; however, he ~J advised that in the time he had been in Monroe, four historic structures had been lost. He requested that Council protect the investment he and his neighbors had made by making Monroe a safer and more pleasant place for people to live by approving the proposed request. Mr. Fred Howell, 401 t/~ West Franklin Street, stated that he had been living at his home for ten years and requested that Council approve the request. Mr. Steve Barnett, 302 South College Street, stated that he had lived in his home for 23 years ~•-.~ and had spent most of his money on interior renovations. He advised that the majority of the exterior design features of his home went by the wayside years ago. Mr. Barnett stated that College Street had the fewest number of historically significant homes of any street in the neighborhood because so many areas have been taken over by rentals, duplexes, or newer construction. Mr. Barnett stated that being included in the Historic District would double his homeowner's insurance. He stated that he was asingle-income family and because of his period in Vietnam, Agent Orange was now causing him to lose his eyesight. He stated that if his eyes deteriorated at the same rate the next two years as they have in the past, he did not care if any work was done on the outside of his home because he would not be able to see it. Because of the additional costs, he did not feel that he should have to ask anyone for permission to make changes to his home. He requested that Council deny the rezoning request. Regular City Council Meeting November 18, 2008 Page 80 There being no other speakers, Mayor Kilgore closed the public hearing. B. Action - Zoning Mau Amendment. Council Member Ashcraft moved BE IT ORDANIED that the South Monroe Historic District Overlay District be expanded. Council Member Keziah seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None C. Action -Resolution of Land Develoument Plan Comuliance - "South Monroe Historic District Overlay District Exuansion. Council Member Ashcraft moved to adopt Resolution R- 2008-103: RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE "SOUTH MONROE HISTORIC DISTRICT OVERLAY DISTRICT EXPANSION" R-2008-103 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 the expansion of the South Monroe Historic District Overlay District further described below property is consistent with the adopted Land Development Plan and that the approval of the zoning map amendment for following described property is reasonable and in the public interest due to its consistency with the Land Development Plan and, as a result, its furtherance of the goals and objectives of the Land Development Plan. ~~ NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe approves the zoning map amendment in order to expand the South Monroe Historic District. Adopted this 18th day of November, 2008. ', Council Member Keziah seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 10. Addition of Chanter 58: Stormwater Utility Ordinance to the Monroe City Code of Ordinances and Fee Amendment to the -City of Monroe Fees Schedule (Chapter IV, Section 6). A. Public Hearin. Mayor Kilgore opened the duly advertised public hearing. Engineering Director Loyd stated that on May 5 Council approved staff moving forward with the implementation of a Stormwater Utility Program for the City of Monroe. Staff retained Camp Dresser & McKee on May 29 to assist in this process. As part of the implementation, the City is required to develop an Ordinance to address the creation of a Stormwater Utility Program. Regulaz City Council Meeting November 18, 2008 Page 81 '~ Mr. Loyd advised that on November 4 staff presented the proposed Stormwater Utility Ordinance at the City Council Strategic Planning Meeting for comments. Points discussed - during the presentation included authority, purpose, jurisdiction, creation of Stormwater management accounting, billing method and responsible parties, payment provision and utility termination, adjustment and credits, Stormwater Management Advisory Committee, and appeals procedure. Mr. Loyd advised that approval of the Stormwater Utility Ordinance would require a Fees Schedule amendment to the Residential Rate (single-family detached/mobile homes) and Non- Residential rate. Staff recommended that Council adopt an Ordinance adding Chapter 58 -Stormwater Utility Ordinance to the City of Monroe- Code of Ordinances and that Council adopt an Ordinance amending the City of Monroe Fees Schedule to add Section 6. Stormwater Utility and Enterprise Fees to Chapter IV. Mr. James Kerr stated that he served on the Stormwater Stakeholders Committee and recommended that Council approve the Stormwater Utility Ordinance. A brief period of discussion followed concerning the Fees Schedule amendment. There being no other speakers, Mayor Kilgore closed the public hearing. 4 ~~ B. Action -Ordinance to Add Stormwater Utility to Code. Council Member Nash moved to adopt Ordinance 0-2008-46: ORDINANCE AMENDING TITLE V, CHAPTER 58: STORMWATER UTILITY OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-46 BE IT ORDAINED BY THE CITY OF MONROE COUNCIL THAT TITLE V, PUBLIC WORKS, OF THE CITY OF MONROE CODE OF ORDINANCES BE HEREBY AMENDED AS FOLLOWS: t Section 1. Add Chapter 5.8: Stormwater Utility Section 1: General Provisions 58-101 58-102 58-103 58-104 58-105 58-106 58-107 58-108 ,. 58-109 Title Authority, purpose, jurisdictions Findings Definitions Creation of Stormwater Management accounting Stormwater Management service charges Billing method, responsible parties Payment provision; utility termination Adjustment and credits -applicable to Stormwater management service charges Regular City Council Meeting November 18, 2008 Page 82 58-110 Stormwater Management Advisory Committee 58-111 Appeals 58-112 Limitations of responsibility 58-101. TITLE This Ordinance shall be known as "The Stormwater Utility Ordinance," hereinafter as "Ordinance," and may be so cited. 58-102. AUTHORITY, PURPOSE, JURISDICTION (A) Authority: Pursuant to N.C.G.S. Article 16 of Chapter 160A, the City of Monroe is authorized to create a Stormwater utility and enterprise fund and in so doing establish a schedule of rents, rates, fees, charges, and penalties for the use of or the services furnished by such public enterprise. (B) Purpose: It is the purpose of this section to establish a Stormwater utility as an identified fiscal and accounting fund for the purpose of comprehensively addressing the sto'rmwater management needs of the city through a program designed to improve, maintain, operate and repair Stormwater conveyance systems and to protect and manage water quality and quantity by controlling the level of pollutants in Stormwater runoff, and the quantity and rate of Stormwater received and conveyed by structural and natural Stormwater and drainage systems '. of all types. It provides a schedule of rents, rates, fees, charges and penalties necessary to assure that all aspects of the Stormwater program are managed in accordance with Federal, State 'and Local laws, rules, and ~~ regulations. (C) Jurisdiction: The boundaries and jurisdiction of the Stormwater utility shall extend to the corporate limits of the City, including all areas hereafter annexed thereto. 58-103. FINDINGS (A) Stormwater poses a threat to the public health, safety, and welfare because if unmanaged, it floods properties, erodes watercourses and channels, and pollutes streams and rivers. (B) By mapping, planning, constructing, operating, cleaning, regulating and maintaining the natural and constructed Stormwater management system, the City reduces the adverse effects of Stormwater and improves the quality of groundwater, streams, rivers, and lakes in and around the City. (C) Providing a stable source of funding for Stormwater services, as hereafter defined, can best be accomplished through Stormwater management utility funds. Such a utility will benefit owners and occupants of developed land in the City and Monroe citizens. (]J) The amount of impervious surface on a property is the single most important factor affecting the peak rate of runoff, the total volume discharged, and pollutant loadings of Stormwater that flows from property. (E) State law reference: Authority to adopt a Stormwater Management Utility, Chapter 160A, Article 16. Regulaz City Council Meeting November 18, 2008 Page 83 58-104. DEFINITIONS For the purpose of the article, the following'words, terms, and phrases shall have the meaning given to them in this section, except where the context clearly indicates a different meaning: (A) Credit means ongoing reductions in the stormwater management service charge applicable to a given zoning lot or tract in recognition of the on-site or off-site systems, facilities, measures, and/or actions undertaken to reduce or mitigate the stormwater quantity and/or quality impact(s) of the zoning lot or tract that would otherwise impact the public stormwater management system. Credit shall be conditioned on the ,continuing performance of the mitigation systems, facilities, measures, or actions in reference to standards adopted by the stormwater management utility, and may be revised or rescinded for cause. 'In no case shall credits exceed the amount of the stormwater management service charge. The means and measures for identifying, issuing and obtaining credits will be provided in a credit policy approved by City Council. (B) Customer or consumer means the person or entity to which a bill for stormwater service charges is billed. The customer may be the owner or occupant of a property; but the owner is ultimately responsible for payment of the charge. (C) Developed land means real property that contains impervious surfaces, and includes improved land without structures and land on which improvements are under construction. (D) Drainage system means natural and man-made channels, pipes, ~~ ponds and other facilities that transfer, control, convey or otherwise influence the movement of stormwater runoff. (E) Dwelling unit means one (1) or more rooms physically arranged to create a housekeeping establishment with separate facilities for cooking, sleeping and toilet for occupancy by one (1) or more persons. (F) Equivalent runoff unit (ERU) means the median of impervious surface area on asingle-family detached residential dwelling unit property in the City. The ERU is calculated to be two thousand six hundred and eighteen (2,618) square feet of impervious surface or fraction thereof. ~_ (G) Impervious surface means any surface which, because of its material composition or compacted nature, impedes or prevents natural infiltration. of stormwater into the soil. Impervious surfaces include, but are not limited to, roofs, roof extensions, patios, balconies, decks, including wooden slatted decks, athletic courts, swimming pools, excluding the water area of swimming pools, streets, parking areas, driveways, ' sidewalks, and any concrete, stone, brick, asphalt, or compacted gravel surfaces. Ungraveled natural footpaths, water surfaces of lakes, streams, and swimming pools and drain fields are not impervious surfaces. (H) Lot means land bounded by lines legally established for the purpose of property division. (I) Non-residential developed land means all properties except those utilized for residential habitation. Regular City Council Meeting November 18, 2008 Page 84 (J) Natural state shall describe existing undeveloped land where the soil and vegetation characteristics has not been substantially modified or disturbed by human ', activities and the hydrologic function is in an unaltered or naturals condition. (K) Other residential developed land means any individual lot or parcel of residential developed land that j is not single-family detached residential property. It includes, but is not limited to, land upon which there are residential structures that contain more than one (1) dwelling unit, such as multi-family dwellings (duplexes and greater), manufactured home parks as defined in the ordinance regulating development, condominiums, apartments, boarding houses, rooming houses, privately owned fraternity and sorority houses. (b) Property owner or owner means t e owner of a real properly as shown on the Union County tax records. (M) Real property means land, tenements, and hereditaments. (N) Single family equivalent residential unit rate is the unit charge for stormwater service established by City Council. (O) Single family developed land means an individual lot or parcel of land developed with only ones (1) single-family (attached [townhome] or detached) dwelling unit, one (I) manufactured home, or one (1) mobile home, and the ownership interest of the - land and of the dwelling unit are united and identical. Single family developed land shall not include ~ structures used primarily for nonresidential purposes or other ;residential and nonresidential (P) developed property. Stormwater means the runoff fromi precipitation that travels over natural state or developed land surfaces and enters a drainage ~.~- system. (Q) Stormwater management service charge is the charge to provide Stormwater services to developed property. The charge is based upon the single-family equivalent residential unit (ERU) as calculated for that property and multiplied by the single family equivalent residential unit rate. (R) Stormwater management system or, system means the system of natural and constructed devices for collecting and transporting Stormwater. It includes, but is not, limited to, structural drainage systems such as open swales and ditches, catch basins, pipes, inlets, /"~ storm sewers, drains, culverts, junction boxes, and other Stormwater l _ ~ management facilities that affect's the quality and quantity of Stormwater located within dedicated; public street rights-of--way and City of Monroe permanent drainage easements accepted by the City and all natural Stormwater drainage systems. (S) Stormwater management utility funds mean the stormwater management service charges and the interest generated by those charges. (T) Stormwater services means City stormwater management programs designed to protect water quality by controlling the level of pollutants in, and the quantity andi flow of, stormwater and City service of structural and natural stormwater and drainage systems of all types. Stormwater services ;include any cost necessary to assure that all aspects of stormwater quality and quantity are managed in accordance with federal~and State laws, regulations and Regulaz City Council Meeting November l8, 2008 Page 85 rules, and costs related to the m ~pping, planning, construction, operation, maintenance, inspection, i management and regulation of the stormwater management system and the regulation of impervious surface and stormwater. i { (U) Undeveloped land means all land that is not altered from its natural state to extent that results in less Ethan four hundred (400) total square feet of impervious surface area per individual lot. i 58-105. CREATION OF STORMWATER MANAGEMENT ACCOUNTING All stormwater management service charges and interest generated by such charges, and the stormwater management utility funds, shall be placed in a separate City account and shall be used by, the City of Monroe solely for operation and administration of the stormwater management program. The City may use funds that are not stormwater management utility funds to provide stormwater services. 58-106. STORMWATER MANAGEMENT SERVICE CHARGES (A) All developed land in the City, whether public or private, shall be subject to a stormwater management service charge. Exemptions shall not be allowed based on age, tax exemption, or other status of an individual or organization. stormwater management service charges may be subject to a credit reduction in charges as further provided herein. (B) Stormwater management service charges on developed land shall be based on a schedule of rates, charges, tiers, and late fees fixed and established from time to time by the City Council and maintained on file in the offices of the Finance Director and Director of Engineering. stormwater management service charges will be determined and modified from time to time by the City Council, so that the total revenues. generated by said charges will be used to pay the principal and the interest on the debt incurred for stormwater purposes, and such j expenses as are reasonably necessary for providing stormwater services within the City of Monroe. { (C) Computation of stormwater management service charges. 1. For single-family developed residential land, the monthly stormwater management servtce charges shall be based on _, the median amount of impervious surface on asingle-family residential lot in the city, which is known as an ERU. There shall be a tier system for single-family developed properties, based on the amount of impervious surface of single-family properties, as set forth in the City of Monroe fee schedule. 2. For other residential developed land, including townhouses, apartments, condominiums, and other multi-unit residential development, the monthly stormwater management service charges shall be as set forth in the City of Monroe fee schedule for other residential unit. 3. For nonresidential land, the monthly stormwater management service charges on developed land is calculated by dividing the total impervious surface area of the property divided by one (1) ERU, rounded to the nearest tenth, Regulaz City Council Meeting November 18, 2008 Page 86 multiplied by the established monthly single-family equivalent unit rate as fixed by City Council. ,~^~ 4. For developments with common property containing f '' impervious surfaces, such ! as townhouse developments, cluster unit developments, or condominiums, each dwelling unit shall be responsible for fits equal pro rata share of the total impervious surfaces area of the common areas of the development not served by City of Monroe water or sewer or both unless other arrangements are made pursuant to Chapter 58-107(D). (D) The following exemptions from stormwater management service charges are allowed: I. Undeveloped land. 2. Improved public transportation ways, including public /^~ streets, roads, greenways and trails, airport runways, and t __ ~ internal roads within public facilities, which have been conveyed to the North Carolina Department of Transportation or City of Monroe and which are used by the general public for motor veh~'~icle transportation, and private streets constructed in accordance with the City of Monroe Code of Ordinances and the City of Monroe Standard Specifications and Detail Manual. 3. Railroad tracks. However, railroad stations, maintenance buildings or other developed bland shall not be exempted from stormwater management service charges. 4. Developed land with less than four hundred (400) total square feet of impervious surface area per individual lot. '~~ 58-107. BILLING METHOD, RESPONSIBLE PARTIES (A) Bills for stormwater management service shall be sent at regular periodic intervals. _stormwater management service charges may be billed on a combined utility billy that also contains charges for electric, gas, water and sewer' service and/or solid/waste management service. (B) stormwater management service charges for a property that receives water, sewer service or combined sewer and water service will be sent to the customer receiving such service. However, /"'~ where multiple water and sewer accounts exist for a single parcel, t ~ ' the bill for stormwater management service charges may for good cause shown at the discretion of the City be sent to the property owner. (C) In cases where a master meter is used for water service to a property with multiple tenants, Owners of the property may, with the consent of the City, designate each occupant of the property as the party to receive the -bill for stormwater management service charges by completing- and properly executing a form provided by the City. Such designation shall fairly allocate the impervious surfaces actually used by the billed party, and it shall be binding for the period of time specified by the City. No occupant may be designated as the party to receive the bill for stormwater #.-. management service charge unless the occupant is also receiving a ' utility bill for another city service such as electric, gas and or Regular City Council Meeting November 18, 2008 Page 87 (~ ~.. solid/waste. The applicant shall provide notice of the application to each effected utility customer. The City shall approve the per account billing for the parcel unless the billing plan (1) will result in a charge of less than one (1) ERU for one or more accounts, and/or (2) does not equitably allocate the fee between accounts. Such transfer does not relieve either the owner or occupant from liability for stormwater management service charges if they are not paid by the party billed. The approval of per account billing pursuant to this subsection does not,relieve the owner from liability for stormwater management service: fees if they are not paid by the party billed. The property owner is ultimately responsible for payment of the stormwater management service charge for property for which the party billed has not paid the stormwater management service charge. (D) All other aspects of billing shall be 'handled as set forth in the City Council adopted Customer Service Policy unless specifically described in this section, or the section immediately following. 58-108. PAYMENT PROVISION, UTILITY TERMINATION (A) Where stormwater management service charges appear on a combined utility bill or a master summary bill, and a customer does not pay the service charges for all the utilities on the bill, the partial payment will be applied to the respective service charges in the following order: delinquent storinwater management service charges and then to all other City utility service. (B) stormwater management service charges are due at the collection office in City Hall within the time period stated on the bill. Bills not paid within this time shall be charged a late fee as set forth in the adopted fee schedule. (C) In the event that the stormwater management service charges and delinquent fee are not paid on or before the final due date, city utility services shall be discontinued on the order established in the City Customer Service Policy adopted by the City Council. (D) Customers with complaints about the accuracy of stormwater management service charges are entitled to a review as provided in section 58-111. No charge will be retroactively adjusted to resolve customer complaints for a period of more than one-year prior to the date the City received the complaint. Any bill charges requiring adjustment must be applied through the utility billing system. (E) If property is under-billed, or not billed, or a bill is sent to the wrong party, the City may back bill up to a one-year period. 58-108. ADJUSTMENT AND CREDIT APPLICABLE TO STORMWATER MANAGEMENT SERVICE CHARGE (A.) Adjustment due to error or oversight: Request for adjustment of the stormwater service charge shall be submitted to the City in accordance with the policy adopted by City Council. Adjustments can also be made by the City should the City identify an error or oversight as long as the City notifies the customer in advance of the adjustment. Adjustments may be requested for errors or omissions on the customer's stormwater service charge. All requests shall be Regular City Council Meeting November 18, 2008 Page 88 judged on the basis of the number of dwelling units or amount of impervious area on the property. (B) Credits: 1. The City may provide a system of credits to reduce stormwater management service charges for properties on ~` which stormwater control measures substantially mitigates the peak discharge or runoff pollution flowing from such properties or substantially decreases the City's cost of maintaining the stormwater management system. The Engineering Department will develop written policies to implement the credit system. No credit will be authorized until the City Council approves written policies to implement the system of credits; a copy of the approved policies shall be on file with the Engineering Department. The City's policies may make credits retroactive to the date stormwater management service charges were initiated. Any bill charges requiring adjustments must be applied through the utility billing system but no credit will be granted for more than one (1) past year. Credits cannot exceed the stormwater utility charge for the customer. N~, othing shall prevent the City Council from modifying the adopted system of credits, and such modifications may apply'; to holders of existing credits. 2. Each credit allowed against the stormwater management service charge is conditioned on the continuing operation and functioning of the stormwater control measure as designed; credited stormwater control measures must comply with all applicable laws, ordinances and regulations, and credits may be rescinded for noncompliance with these standards. 3. Each credit for which a customer applies shall be subject to review and approval by the Director of Engineering or his designee. The Director of Engineering may approve or reject any application for a credit in'whole or in part. 4. Credits shall only be applied) to developed lands containing the credited stormwater control measure. For developments with common property containing credited stormwater control measures such as townhouse developments, cluster unit developments, or condominiums, each dwelling unit shall be eligible for its equal pro rata share of the credit unless other arrangements for billing the stormwater management service charge are made pursuant to Chapter 58-107(E). 58-110. STORMWATER MANAGEMENT (A) Establishment and Composition: The stormwater Management A composed of up to seven (7) men property within the City limits. Thy membership of the Committee. E~ for a period of three (3) years e~ appointing the original member prescribe terms of fewer years to Y COMMITTEE 3visory Committee shall be .hers who shall reside or own City Council shall appoint the ch member shall be appointed cept that the City Council in hip of the Committee may the end that the terms of the Regular City Council Meeting November 18, 2008 Page 89 various members of the Stormwater Management Advisory Committee shall be staggered. Committee members may be re- /-~ appointed at the discretion of the City Council. l (B) Duties: The Stormwater Management Advisory Committee shall have the following charge and duties: ~ 1. The Committee shall revie~ and/or recommend to the Environment and Water Resources Committee stormwater management policies, policy changes, and long range plans and estimate their budgetary and rate impacts. 2. The Committee shall review and comment to the Environment and Water Resources Committee on the annual /~ stormwater management capital improvements program. 1 , ~ 3. The Committee shall respond to Environment and Water Resources Committee and 'C ~ty staff requests for advice on matters related to stormwater services and stormwater management utility. 4. The Committee shall present the Environment and Water Resources Committee with an annual report of key actions and issues and its annual work program. (C) Procedures: The Stormwater Management Advisory Committee is directed to adopt rules of procedure necessary ~o the conduct of its affairs and keeping with the provision of this Code, all policies of the City Council, and applicable State laws. Such Rules of procedure, and any modifications to same, shall be submitted to the Environment and Water Resources Committee for review prior to City Council approval. Except as provided in this Code, the rules of procedure adopted by the Committee shall at least provide for: selection of the officers of the committee; the time and place of its regular meeting, which shall at least be held bi-annually, and the calling of special meetings; the procedures of the conduct of the public hearings and voting. The committee shall elect from its membership at least a chairperson and vice chairperson, who shall serve for terms of one (1) year, who shall be eligible for reelection, and who shall have the f'~ right to vote. The chairperson sha71 preside over the Stormwater t," ' Management Advisory Committee. In the absence or disability of the chairperson, the vice-chairperson shall perform the duties of the chairperson. All meetings of ithe Stormwater Management Advisory Committee shall be open to the public, in accordance with the North Carolina Open Meeting Law, G. S. 143-318.10 et seq., ' and a public record shall be kept of the Committee's resolutions, proceedings, and actions. The rules of procedure and minutes of the Committee are maintained as separate documents in the nature ' of a public record- at the City Clerk's office. The City Manager or his designee shall provide such 'technical, administrative, and ~ clerical assistance as required by the, Committee. t _ ' 58-111. APPEALS Regular City Council Meeting November 18, 2008 Page 90 Any customer who believes the provisions of this chapter have been ~q applied in error may appeal in the following manner: f (A) An appeal must be fled in ~riting with the Director of Engineering. At the discretion of the Director of Engineering, the appeal may be required to include a survey prepared by a registered land surveyor and such other information that show the total property area, the impervious surface area, and any other features or conditions which influence the hydrologic response of the property to the stormwater events. (B) Using the information provided, th i conduct a technical review pursuant The Director of Engineering may management charge so long as the with the general purpose and intent Engineering may take the appeal t ~ Advisory Committee for their rev conclusion of the review, the Direct written determination stating wli (C) <` (D) ~.. (E) stormwater management charge percentage of such adjustment. Arr communicated in writing to the app: An appeal may be taken from at Engineering which is adverse to th appeal to the Board of Adjustmet service of the Director of Engine customer. Notice of appeal shall delivery of a written statement to t the grounds for the appeal and pro with a copy of the written decision The Director of Engineering sh Adjustment and the customer all do upon which the Director of Enginee All decisions of the Director c Adjustment shall be served on t registered or certified mail. Mailing address of the customer. When an appeal is from a decision customer's bill, the Director of Eng in effect until and unless reverse adjustment to a customer's bill sh than the one-year period immedial customer's request is first received 1 58-112. LIMITATION OF RESPONIBILITY Director of Engineering shall to good engineering practices. adjust the stormwater service adjustment is in conformance of this chapter. The Director of o the Stormwater Management ew and/or comment. At the or of Engineering shall issue a ether an adjustment to the s appropriate, and if so, the approved adjustments must be ~priate utility billing staff. y decision of the Director of ;customer by giving notice of within thirty (30) days after ring's written decision on the be given by the customer by e Board of Adjustment stating iding the Board of Adjustment ~f the Director of Engineering. 11 transmit to the Board of ;uments constituting the record ing's decision was made. ' Engineering and Board of e customer personally or by shall be based upon the billing i :horizing an adjustment to the :ering's decision shall remain or otherwise modified. No be made which is for more / preceding the date that the the City. (A) The City shall be responsible only for the portions of the drainage system which are on city property including city-maintained street rights-of--way and permanent storm' drainage easements conveyed to and accepted by the city: Repairs and improvements to the drainage system shall be in accordance with established standards, policies, and schedules. (B) The City's acquisition of storm drainage easements and/or the Regular City Council Meeting November 18, 2008 Page 91 construction or repair by the City and drainage facilities does not . stormwater hazards, including, but or standing water. Section 2. This Ordinance shall be effective upon adoption. Council Member Ashcraft seconded the motion, which unanir, votes: AYES: Council Members Ashcraft, Jordan, Ke Smith, Mayor Pro Tem Bazemore, and NAYS: None C~ f ' r C. Action -Ordinance Amending Fees Schedule. Ordinance 0-2008-47: ORDINANCE TO AMEND CITY OF MONROE FEES SCHE 0-2008-47 BE IT ORDAINED by the City Council of the City of Mc Schedule be amended as follows: Section 1. CHAPTER IV. ENGINEERING/PUBLIC WORKS ARTICLE A. FEES Add: Section 6. Stormwater Utility and Enterprise Fees. f stormwater control measures constitute a warranty against ~t limited to, flooding, erosion, passed with the following Nash, ~r Kilgore Member Nash moved to adopt ~e that the City of Monroe Fees Desc'r`4tiun ""'_, r~ s: :~;,~'-" ~'"3Fee~ :;„~ Residential Rate -Single Family Detached/Mobile Hom es Tier -Impervious- Area (square feet) 0 to 2,010 - 2,011 to 3,289 $2.80 per month 3,288 and beyond $4.00 per month $5.60 er month Residential Rate -Other Residential Units (by dwellin ' unit) Town Homes $2.00 per month Multifamily $2.40 per month Condominiums $2.00 er month ,,~ _ ';.Description ,. ..., - ~, ,.:. : °~:~~+~ ,Fee' "° ~,..,~~, Non-Residential Rate r 1 Equivalent Residential Unit (ERU) per Impe Area I rvious $4.00 per ERU per month Regular City Council Meeting November 18, 2008 Page 92 Section 2. This Ordinance shall be effective upon adoption. Adopted this ~18`h day of November, 2008. Council Member .Ashcraft seconded the motion, which votes: passed with the following AYES: Council Members Ashcraft, Jordan, Ke Smith; Mayor Pro Tem Bazemore, and NAYS: None lo. 11. Request for Water and Sewer Tap Fee Church. City Manager Meadows stated that Shining Light ~'i construct eight facilities on their property to serve single motl attend their summer camp, and their children's ministry progr~ the City consider waiving the water and sewer tap and capaci will benefit citizens who need assistance in-our community. (~ Nash, ~r Kilgore fiver - Shining Light Baptist lptist Church was -proposing to s and their children, youth who The church has requested that fees for these facilities, as they Mr. Meadows advised that the total value of the tap and capacity] fees was .$47,480, or $5,935 per connection. Should Council desire to approve this request, a budget amendment will need to be adopted for an appropriation from General Fund Unappropriate Fund Balance to the Water and Sewer Fund to fund this waiver. The Customer Service Committee recommended that Couneil approve the request to waive fees. Shining Light Baptist Church Pastor Tim Cruse requested that Council approve the fee waiver request for water aril sewer tap and capacity fees for the "Fresh tart of Union County" program being established by his church. Council Member Ashcraft moved- to waive the water and sewer tap and capacity fees for the eight facilities acid adopt Budget Amendment BA-2008-36: BUDGET AMENDMENT BA-2008-36 ~. 1. Amendment to approp"riate funds for payment of water and sewer tap capacity fees for Shining Light Baptist Church facilities construction. General Fund: Revenues: , Appropriation of Fund Balance Expenditures: Special Appropriations Adopted this 18~h day of November, 2008. $47,4,80 $47,4!80 Regular City Council Meeting November 18, 2008 Page 93 Mayor Pro Tem Bazemore seconded the motion, which unanimously passed with the following votes: ~ AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None j i Item No. 12. Public Comment Period. There were no speakers. Item No. 13. Thanksgiving Holiday Schedule. Council Member Keziah recommended that City Offices close at 12 Noon on Wednesday, November 26 for Thanksgiving to give employees additional time to travel and spend time with their families. Council Member Nash made a motion that City Offices close at ~ 2 Noon on November 26, 2008. Council Member Smith seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 14. Closed Session Pursuant to N.C.G.S. 143-318.11(a)(5). Council Member Nash moved to go into Closed Session pursuant to N.C.G.S. 143-318.11(a)(5). Council Member Smith seconded the motion, which passed unanimously with the following votes: 11 ~{f AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith; Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Upon return from Closed Session and there being no further business, the Regular City Council Meeting of November 18, 2008 adjourned at 7:45 p.m. O ~~ Attest: Bobby G. ils?ore. Mayor ~ iyC~ef-f~ ~]4o6i-H scn~ Bri tte H~son, ity Clerk Ott V 18 ;~ ~, 44 i ~, `° ~ ~ 'fir cA~'' Regular City c~ Meeting November 18, 2008 • Page 94