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12/02/2008 Regular City Council MeetingCITY OF MONROE REGULAR CITY COUNCIL MEETING OLD ARMORY 500 SOUTH JOHNSON STREET, MONROE, NC 28112 DECEMBER 2, 2008 - 6:30 P.M. AGENDA www.monroenc.org 1. Warriors & Warbirds Air Show Presentation 2. City Manager Comments A. North Carolina Public Power Plug-In Hybrid Vehicle B. The Ferguson Group C. It's Your Ship! D. Telephone System Update E. Christmas Activities in Downtown Monroe F. Wi-Fi Service in Downtown G. Employee Christmas Luncheon H. Parks and Recreation Recognitions CONSENT AGENDA The City Council uses a Consent A enda to consider items that are non-controversial and g 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 A. Minutes of City Council Strategic Planning Meeting of November 4, 2008 B. Minutes of Special City Council Meeting of November 18, 2008 C. Minutes of Regular City Council Meeting of November 18, 2008 ~~ D. Minutes of Regular Insurance Committee Meeting of April 14, 2008 and Special Meeting of June 16, 2008 E. Minutes of Customer Service Committee Meetings of September 8, 2008 and October 20, 2008 F. Minutes of Community Appearance Commission Meeting of May 19, 2008 G. Minutes of Community Development Committee Meeting of August 20, 2008 H. Minutes of Special Finance Committee Meeting of October 30, 2008 I. Summary of Contracts Awarded, Change Orders Approved, and City Manager Settlement of Claims ~a 4. Ordinance Amending Code of Ordinances -Chapter 76: Traffic Code -Parking l ~, Schedule 5. Resolutions Regulaz City Council Meeting December 2, 2008 Page 99 A. Honoring Retiring Employee - Bengie Hamilton Mullis B. Authorizing Purchase of Property on Skyway Drive C. Donation of Surplus Self-Contained Breathing Apparatus ~' D. Granting Authorization to the City Manager for Approval of the 2010-2014 Transportation Improvement Plan for Charlotte-Monroe Executive Airport 6. Budget Amendments A. Appropriating Funds for Rehabilitation Project for Sanitary Sewer Mains B. Transferring Funds from General Fund to Solid Waste Fund C. Explorer Program Donation D. Payment Received from PM Ventures, Inc. E. OMNOVA Solutions Donation to Police Department ,~ F. OMNOVA Solutions Donation to Fire Department t i 7. Budget Ordinance for Natural Gas System Improvements 8. North Carolina State Fireman's Association 2009 Firefighter Roster Certification 9. Employee Donations to the Helping Hands Fund 10. Special Assistance Program and Helping Hands for Winter 2009 11. Moratorium of Non-Pay Disconnects for "Special Needs Customers" 12. 2009 Event Schedule for Downtown Monroe 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. 13. Intent to Close the At-Grade Railroad Crossing at Normand Street (Continued from September 16, 2008 and October 21, 2008 City Council Meetings) A. Public Hearing B. Action -Motion to Continue Public Hearing until January 6, 2009 14. Zoning Map Amendment to the Conditional District "The Park at Monroe" to Add Additional Square Footage to the Building on Lot 1 A. Public Hearing B. Action -Zoning Map Amendment C. Action -Resolution of Land Development Compliance -Conditional District "The Park at Monroe Amendment 1" 15. Zoning Map Amendment Request for Property Located at 611 East Windsor Street, East Regular City Council Meeting December 2, 2008 Page 100 of Morgan Mill Road and North of Windsor Street to Conditional District "Covenant Waste" A. Public Hearing _ B. Action -Zoning Map Amendment C. Action -Resolution of Land Development Compliance -Conditional District "Covenant Waste" 16. Public Comment Period A. Mr. Franklin Holloway 17. Closed Session Pursuant to N.C.G.S. 143-318.11(a)(5) ~~ ~? Regular City Council Meeting December 2, 2008 Page ]Oi CITY OF MONROE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2008 - 6:30 P.M. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the Old Armory,. 500 South Johnson Street, Monroe, North Carolina, at 6:30 p.m. on December 2, 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 Sholaz, and City Clerk Bridgette H. Robinson. Absent: None. Visitors: Pete Hovanec, Chris Plate, Bruce Bounds, Brian Borne, Mike Courtney, Kathy Caldwell, Donald Richardson, Donnell Sturdivant, Delvie Ivey, Levin Robinson, Jeanette Sherrod, Lisa Thompson, Herman Cunningham, Susan Osborne, Wayne Herron, Doug Britt, Lisa Stiwinter, Ron Fowler, Ralph Balden, John Dickerson, /~ Jason deBruyn, Jim Loyd, Dawn Whitesides, Richazd Thompson, James Carter, tf ~ R.B. Mangum, Franklin Holloway, Bob Russell, Surluta Anthony, and others. Mayor Kilgore called the Regular City Council Meeting of December 2, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. Warriors & Warbirds Air Show Presentation. Economic Development and Aviation Director Chris Plate shared with Council a slideshow presentation of pictures taken at the Veterans Day air show. On behalf of the Union County Veterans Council, Mr. Bob Russell ~(~, presented the Mayor and the City with a framed Tora, Tora, Tora poster signed by all the pilots. Item No. 2. City Manager Comments. City Manager Meadows advised Council of the following: A. North Carolina Public Power Plug-In Hybrid Electric Vehicle. ElectriCities of North Cazolina loaned the City of Monroe the PREV Prius vehicle which was driven in the Christmas parade. Information on this vehicle was made available to the public. The City of Monroe has purchased eleven similaz vehicles this year to add to our fleet of hybrid vehicles. B. The Ferguson Group. Council was provided information from The Ferguson Group regarding a possible economic stimulus package. Jennifer Imo will be in Monroe on December 11 to meet individually with City staff and elected officials. Regulaz City Council Meeting December 2, 2008 Page 102 C. It's Your Shin! Members of Council were provided with a copy of the book "It's Your Ship. " City Manager Meadows advised that the Management Team had also received a copy of this publication and the book was used as a basis of discussion at the most recent Management Team training session. D. Telephone System Update. Due to recent telephone problems, the City's telephone equipment will be replaced Wednesday, December 3, starting at approximately 9:00 p.m. Staff will make every effort for this to be as easy as a transition as possible E. Christmas Activities 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. F. Wi-Fi Service in Downtown. The wi-fi service in downtown Monroe is ready to go. The vendor, Wildfire, is in negotiations with Union County to access the rooftop of the Government Building and staff is awaiting the outcome on this issue. G. Employee Christmas Luncheon. The City's annual Employee Christmas Luncheon will be held Friday, December 12, at the Monroe Country Club. H. Parks and Recreation Recognitions. Parks and Recreation Director Mike Courtney introduced Architect Derek Hodge who helped with the restorations made to the Old Armory. He also introduced Hope Tanner who is the Recreation Center Supervisor at the Old Armory. 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. Council Member Keziah requested that a "Resolution Granting Authorization to the City Manager for Approval of the 2010-2014 Transportation Improvement Plan for Charlotte Monroe Executive Airport" be added to the Consent Agenda as Item #S.D. No further discussion was held. One motion and vote was taken, which included approval of all items on the Consent Agenda, including the addition of a Resolution Granting Authorization to the City Manager for Approval of the 2010-2014 Transportation Improvement Plan for Charlotte-Monroe Executive Airport which was added to the Consent Agenda as Item #S.D. 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. ApprovaVAcceptance of Minutes. Regular City Council Meeting December 2, 2008 Page 103 A. Minutes of City Council Strategic Planning Meeting of November 4, 2008 Council Member Keziah moved to approve the Minutes of the City Council Strategic Planning 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 Special City Council Meeting of November 18, 2008. Council Member Keziah moved to approve the Minutes of the Special City Council Meeting of November 18, 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 C. Minutes of Regular City Council Meeting of November 18, 2008. Council Member Keziah moved to approve the Minutes of the Regular City Council Meeting of November 18, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziali, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None D. Minutes of Regular Insurance Committee. Meeting of April 14, 2008 and Special Meetin of June 16, 2008. Minutes of the Regular Insurance Committee Meeting of April 14, 2008 and Special Meeting of June 16, 2008 were received as information by Council. E. Minutes of Customer Service Committee Regular Meeting of September 8, 2008 and Special Meeting of October 20, 2008. Minutes of the Customer Service Committee Regular ~, Meeting of September 8, 2008 and Special Meeting October 20, 2008 were received as information by Council. F. Minutes of Community Appearance Commission Meeting of May 19, 2008. Minutes of the Community Appearance Commission Meeting of May 19, 2008 were received as information by Council. G. Minutes of Community Development Committee Meeting of August 20, 2008. Minutes of the Community Development Committee Meeting of August 20, 2008 were received as information by Council. Regular City Council Meeting December 2, 2008 Page 104 H. Minutes of Special Finance Committee Meeting of October 30, 2008 Minutes of the Special Finance Committee Meeting of October 30, 2008 were received as information by Council. I. Summary of Contracts Awarded, Change Orders Approved, and Citv 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 11/5/08 Lawrence Associates, P.A. James Hamilton Road *$2 000 Too a hic Surve General , 11/5/08 Donald Lawrence & For Project 08-0].10 E *$2,355 Associates, Inc. Myers Street Water 'Main Water Surve Services Resources l I/5/08 HC Rummage General Charlotte-Monroe Executive *$1 475 Contractor Ai ort Terminal Airport , 11/7/08 Cox Door Company Replace bay door at Fire $12,105 Station # 1 General 1 i/7/08 A-1 Pavement Marking, 2008 Pavement Marking General $9,086 LLC Contract 11/7/08 A uatic Construction. For re lasterin indoor' ool $49,426 11/7/08 E and E Commercial For demolition at 329 E. $9 500 Services, Inc. Franklin Street General , 11/7/08 K.A.M. Electric Furnish and install electric $19,735 wiring for the Lake Lee Water Resources Pum Station 11/13/08 Whitley Lawn and Garden To erect building at Stewart Water *$3,540 Creek Pum Station Resources 11/14/08 W.K. Dickson & Co., Inc. Monroe Recreation Complex General $32,110 Master Plan 11/18/08 Lawrence Associates For topographic and location *$4,700 survey at Winchester Avenue General School site 11/19/08 Insituform Technologies, Sanitary sewer main Water $127,918 Inc. rehabilitation Project Resources 11/19/08 APMP, Inc. (Change Order) Decorative crosswalk $19,890 installation at Windsor and General Main *Approved by Department Director Total $293,840 Item No. 4. Ordinance Amending Code of Ordinances -Chapter 76: Traffic Code - Parking Schedule. Engineering Director Jim Loyd advised by memorandum that the Police Community Intervention Team had received a number of complaints involving on-street parking along Belton Street, as well as Union Street. To assist in keeping both roadways open to through traffic, the Police Department requested that Council adopt an Ordinance amending the Parking Schedule to post Belton Street and Union Street as "No Parking" along both sides. Regular City Council Meeting December 2, 2008 Page 105 Council Member Keziah moved to adopt Ordinance 0-2008-51: ORDINANCE TO AMEND TITLE VII, CHAPTER 76 OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-51 BE IT ORDAINED by the City of Monroe Council that Title ',VII: Traffic Code, Chapter 76 - Parking Schedules, of the City of Monroe Code of Ordinances be amended to add as follows: Section 1. SCHEDULE I. Pazking Prohibited at All Times STREET SIDE FROM I TO Belton Street Both LaSalle Street Masse Street Union Street Both McIn re Street Jones Street Section 2. This Ordinance shall be effective upon adoption. Adopted this 2"d day of December, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziall, Nash, Smith, Mayor Pro Tem $azemore, and Mayor Kilgore NAYS: None Item No. 5. Resolutions. A. Honoring Retiring Employee -Bengie Hamilton Mullis. Council Member Keziah moved to adopt Resolution R-2008-86: RESOLUTION OF THE MONROE CTI'Y COUNCIL HONORING BENGIE HAMILTON MULLIS ON THE OCCASION OF HIS RETIREMENT R-2008-86 ', WHEREAS, on the occasion. of his retirement on December 1, 2008, the City Council wishes to express its sincere appreciation to Bengie Hamilton Mullis for his loyal and dedicated service to the City of Monroe Police Department; and I WHEREAS, Bengie Mullis joined the City of Monroe as a',Firefighter and an Emergency Management Technician on April 1, 1979; and WHEREAS, Bengie Mullis became a sworn Public Safety Officer for the City of Monroe on April 14, 1982; and WHEREAS, Bengie Mullis was promoted to Police Sergeant on March 26, 2005; and WHEREAS, for 30 years, Bengie Mullis has focused on the safety and protection of the citizens of the City of Monroe; and Regular City Council Meeting December 2, 2008 Page 106 WHEREAS, the City of Monroe is most grateful for the professional and personal contributions (^~ Bengie has given to the City of Monroe; and 4 WHEREAS, the City Council of the City of Monroe wishes to acknowledge and express its appreciation to him for the years of distinguished service to the citizens of Monroe, noting that Bengie Mullis will be missed both professionally and as a friend. ~~ NOW, THEREFORE, BE IT RESOLVED that the Mayor an'd City Council publicly express their sincere appreciation to Bengie Hamilton Mullis for his outstanding performance of duty to the City of Monroe over the past 30 years and extend very best wishes for; a long and happy retirement. BE IT FURTHER RESOLVED that this Resolution be entered upon the permanent Minutes of (~ the City Council. IN WITNESS WHEREOF, I have hereunto set my hand and' caused the Seal of the City of Monroe to be affixed this the 2nd day of December, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: ~I AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Authorizing Purchase of Proaerty on Skyway Drive. ~Pazks and Recreation Director Courtney advised by memorandum that the property located] on Skyway Drive beside the Farmers Market was needed to continue with the next phase ofI the Bearskin Creek Greenway. Purchase of the property would allow the continuation of the Bearskin Creek Greenway which will go down Skyway Drive behind the Farmers Market, under LB. Shive Drive and around Belk Tonawanda Park. He advised that Council authorized staff to make an offer on the property not to exceed $45,000. The property owners, Siroos Amiri and Hassan Radmanesh, have agreed to sell the property to the City for $45,000. . ~1 Staff recommended that Council adopt a Resolution authorizing the purchase of the 2.5 acres for the agreed upon price of $45,000. Council Member Keziah waved to adopt Resolution R-2008-105: RESOLUTION AUTHORIZING THE PURCHASE 2.5 ACRES LOCATED ON SKYWAY DRIVE R-2008-105 WHEREAS, the City of Monroe Parks and Recreation Department has identified the need to acquire a tract of real property containing approximately 2.5 acres and being identified as Tax Pazcel No.09-229-097 owned by Siroos Amiri and Hassan Radmanesh on which to locate a portion of the Bearskin Creek Greenway; and Regular City Council Meeting December 2, 2008 Page 107 ~'I 1 i WHEREAS, City Council authorized staff to negotiate with the owners regarding a purchase and sales agreement to acquire the properly; and WHEREAS, City Staff and the owners have reached an agreement subject to Council approval whereby the City will acquire the property for the sum of $45,000. NOW, THEREFORE, BE IT RESOLVED, that 2.5 acres owned by Siroos Amiri and Hassan Radmanesh located on Skyway Drive and being identified as Tax Parcel No.09-229-097 be acquired for the sum of $45,000. The Mayor and City Staff are hereby authorized to take any and all action necessary to acquire said properties including the execution of all documents on behalf of the City to complete the transactions. ~ Adopted this 2nd day of December, 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 C. Donation of Surplus Self-Contained Breathing AuAaratus. Fire Chief Ron Fowler advised by memorandum that the City received a Federal Assistance to Firefighters Grant to replace all the Fire Department's self-contained breathing apparatus. The total grant award was $210,000, which included a $189,000 Federal grant share and' a $21,000 local share. Chief Fowler advised that the Department has purchased 46-new SCBAs with this grant funding and has placed them in service. The new SCBAs purchased meet the ~Icurrent National Fire Protection Association Standards, which were most recently updated in 2007. He advised that the Department has no further need for the used SCBAs that the 'new units replaced. The used SCBAs vary in age and do not meet current standards. Chief Fowler advised that there were some fire departments still using SCBAs that are comparable to or older than the sur-plus SCBAs. For that reason, staff requested that Council adopt a Resolution authorizing the donation of the surplus SCBAs to other fire departments that might need them. Chief Fowler noted that should Council authorize the donation; staff will offer the SCBAs to other fire departments in Union County first. Should there be additional SCBAs available after Union County departments' needs are met, staff will offer the SCBAs to other departments outside of Union County. North Carolina General Statute 160A-280 authorizes the donation of surplus equipment to government units, including fire districts, if'Council so decrees. Council Member Keziah moved to adopt Resolution R-2008-106:1 RESOLUTION TO DONATE SURPLUS SELF-CONTAINED BREATHING APPARATUS TO OTHER FIRE DEPARTMENTS R-2008-106 Regular City Council Meeting December 2, 2008 Page 108 WHEREAS, the City of Monroe received a $210,000 Federal Assistance to Firefighters Grant to replace all the Fire Department's self-contained breathing apparatus (SCBA); and WHEREAS, the City purchased 46 new SCBAs with this grant funding and placed them in service in the Fire Department; and WHEREAS, the used SCBAs, which vary in age and do not meet current standards, are no longer needed by the Fire Department and have therefore been declared surplus property; and I WHEREAS, some Fire Departments are using SCBAs that are comparable to, or older than these surplus SCBAs, and are in need of additional SCBAs; and WHEREAS, the City of Monroe wishes to assist other fire departments in better protecting their firefighters and in serving their communities by donating these used SCBAs to them; and WHEREAS, General Statute 160A-280 authorizes municipalities to donate to governmental units, including fire districts. NOW, THEREFORE BE IT RESOLVED, that the City f Monroe hereby adopts this Resolution to donate used surplus SCBAs to other Fire Departments. IN WITNESS WHEREOF, I have hereunto set my hand andjcaused the Seal of the City of Monroe to be affixed this the 2°d day of December 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Kezial, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None D. Granting Authorization to the City Manager for (Approval of the 2010-2014 Transportation Improvement Plan for Charlotte-Monroe ~ Executive Airport. Council Member Keziah moved to adopt Resolution R-2008-107: ~~ RESOLUTION GRANTING AUTHORIZATION TO THE CITY MANAGER FOR APPROVAL OF THE 2010-2014 TRANSPORTATION IMPROVEMENT PLAN FOR THE CHARLOTTE-MONROE EXECUTIVE AIl2PORT R-2008-107 I WHEREAS, Charlotte-Monroe Executive Airport is a reliever airport in the State of North Cazolina, and WHEREAS, the City of Monroe submits a Transportation Improvement Plan each year to assist the State of North Carolina's Division of Aviation prioritize and budget for the coming year's capital investments throughout the State, and WHEREAS, the City of Monroe has many capital improvement 'projects that merit funding, and the 201.0-2014 Transportation Improvement Plan is due by December 19, 2008, and Regular City Council Meeting December 2, 2008 Page 109 • ~~ WHEREAS, the Transportation Improvement Plan is usually approved by the City Council every year, and ; WHEREAS, the City Council only has one meeting in December, which does not allow the opportunity to bring it to Council for approval,. and WHEREAS, the City Council can grant the City Manager the ability approve the Transportation Improvement Plan for 2010-2014 after recommendation of staff and tl~e Monroe Airport Commission. E ; n NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MONROE that the City has the ability to arrange financing for any projects that may be approved for a grant in the TIP program IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the City of Monroe this 2°d dayof December, 2008 at Monroe, North Carolina. Adopted this 2"d day of December, 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. 6. Budget Amendments. A. Appropriating Funds for Rehabilitation Proiect for Sanitary Sewer Mains. Finance and Administration Director Jim Fatland advised by memorandum that during the year-end process for Fiscal Year 2008, a purchase order for construction work that was in progress was closed in error. By closing the purchase order, the funds were returned to the Water and Sewer Fund Balance and were not carried forward to f scal year 2009 to cover this project. The work has been completed and funds need to be appropriated to cover this rehabilitation project in fiscal year 2009. Staff recommended that Council adopt a Budget Amendment appropriating funds for a rehabilitation project for sanitary sewer mains. Council Member Keziah moved to adopt Budget Amendment BA-2008-38: BUDGET AMENDMENT BA-2008-38 1. Appropriate funds for rehabilitation project for sanitary sewer mains. Water and Sewer Fund: Water/Sewer Maintenance: Improvements/Contracted Material & Labor Appropriation of Fund Balance Adopted this 2na day of December, 2008. $96,464 ($96,464) Regular City Council Meeting December 2, 2008 Page 110 Council Member Smith seconded the motion, which passed 1,%nanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None n Administration Director Fatland advised by memorandum that Waste Fund budget for Fiscal Year 2009, a new Enterprise Fund the September 2, 2008 Council meeting, Council authoriz amendment, based on audited numbers, to transfer surph expenditures for the year ended June 30, 2008 from the Genera Fund. Mr. Fatland reported that this transfer would cover incr and provide sufficient funds to cover any additional increases in negate a need for a rate increase in Fiscal Year 2009. Staff rea Budget Amendment transferring funds from the General Fund to Council Member Keziah moved to adopt Budget Amendment BUDGET AMENDMENT BA-2008-37 1. Transfer funds from the General Fund to the Solid Waste Fund. General Fund: Other Financing Sources: Transfer to Solid Waste Fund Appropriation of Fund Balance Solid Waste Fund: Other Financing Sources: Transfer from General Fund Appropriation of Fund Balance Adopted this 2na day of December, 2008. ~~ Council Member Smith seconded the motion, which passed votes: AYES: Council Members Ashcraft, Jordan, Ke Smith, Mayor Pro Tem Bazemore, and NAYS: None Vaste Fund. Finance and ten Council adopted the Solid 'as created. He advised that at '~ staff to prepare a budget solid waste revenues over Fund to the new Solid Waste sed solid waste recovery fees ~overy fees. This transfer will amended that Council adopt a e Solid Waste Fund. 2008-37: ($159,662) $159,b62 $159,662 ($159,662) with the following Nash, 'or Kilgore Regulaz City Council Meeting December 2, 2008 Page 111 C. Explorer Program Donation. Police Chief Debra Duncan advised by memorandum that the Police Deparhnent had received a $150 donation for the Explorer program. This money has been designated to be used to help offset the costs for training, uniforms and equipment for the Explorer program. Staff recommended that Council accept the donation and adopt a Budget Amendment appropriating the funds. Council Member Keziah moved to accept the donation and adopt Budget Amendment BA-2008- 39: BUDGET AMENDMENT BA-2008-39 ~ 1. Amendment necessary to designate and appropriate funds for a donation to the Explorer program. t ; General Fund: Revenues: Miscellaneous $150 Expenditures: Public Safety $150 Adopted this 2°d day of December, 2008. Council Member Smith seconded the motion, which passed animously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None D. Payment Received from PM Ventures, Inc. Police Chief Duncan advised by memorandum that the Police Department had received a $460.55 payment from PM Ventures, Inc. The funds will be used for training for the Police Department. Chief Duncan advised that the funds are for a payment for recycled brass from annual firearms qualification. Staff recommended that Council accept the payment and adopt a Budget Amendment appropriating and designating the funds. Council Member Keziah moved to accept the payment and adopt Budget Amendment BA-2008- 40: BUDGET AMENDMENT BA-2008-40 1. Amendment necessary to designate and appropriate funds received from PM Ventures, Inc. for training and travel. General Fund: Regular City Council Meeting December 2, 2008 Page 112 Revenues: Miscellaneous $460 n Expenditures: Public Safety $460 Adopted this 2"a day of December, 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 E. OMNOVA Solutions Donation to Police Department. Police Chief Duncan requested by memorandum that Council accept a $1,500 donation designated for the Youth and P.A.L. Programs from OMNOVA Solutions Foundation and adopt a B>.~dget Amendment appropriating the funds. She advised that the funds would be used to help purchase athletic equipment for the Police Athletic League and to buy promotional items to give away at various events throughout the City for the D.A.R.E. program. Council Member Keziah moved to accept the donation and adopt Budget Amendment BA-2008- 41: BUDGET AMENDMENT BA-2008-41 1. Amendment necessary to designate and appropriate funds fora i onation to the youth fund from OMNOVA Solutions Foundation. General Fund: Revenues: Miscellaneous Expenditures: Public Safety $1,500 Adopted this 2"d day of December, 2008. Council Member Smith seconded the motion, which passed u i animously votes: AYES: Council Members Ashcraft, Jordan, Kezia +, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regulaz City Council Meeting December 2, 2008 Page 113 $1,500 with the following F. OMNOVA Solutions Donation to Fire Department. memorandum that OMNOVA Solutions gave a $1,500 dos (~ purchase photography equipment. This photography equips photographs of fire scenes during fire investigations to determ This equipment may also be used for making digital phc presentations and ongoing training of firefighters. Staff reco donation and adopt a Budget Amendment appropriating the expenditure accounts to be used for their intended purposes. ~l Council Member Keziah moved to accept the donation and 42: BUDGET AMENDMENT BA-2008-42 1. Amendment necessary to designate and appropriate funds itemized below, to support the Fire Department: General Fund: Revenues: Miscellaneous n Expenditures: Public Safety Adopted this 2"d day of December, 2008. Council Member Smith seconded the motion, which passed votes: with the following AYES: Council Members Ashcraft, Jordan, Ke Smith, Mayor Pro Tem Bazemore, and NAYS: None Item No. 7. Budget Ordinance for Natural Gas System Improvements. Energy Services Director Don Mitchell advised by memorandum that the North Carolina Municipal Power Agency #1 and ElectriCities have selected a site off Ashcraft Avenue to build a power generation plant, with generating capacity of 24 megawatts in summer and 30 megawatts in winter. He advised that natural gas infrastructure requirements include a new 1,200 foot 6" steel pipeline and a pressure control and measurement station. Mr. Mitchell advised that the facility's primary purpose gas peak electric grid supply. Additionally, the facility will be available to supply the City of Monroe in the event of a local outage. He advised that the Electric Division was planning to switch mechanisms to take advantage of this availability to sustain certain essential services given a local outage event. The facility will be able to operate using fuel oil stored on site. Therefore, neither costs for overall Regulaz City Council Meeting I~; December 2, 2008 Page 114 ire Chief Fowler advised by ~n to the Fire Department to ~t will be used to take digital the causes and origins of fires. for use in public education fended that Council accept the funds to the Fire Department Budget Amendment BA-2008- from private donations, as i $1,500 $1,500 animously Nash, ~r Kilgore I natural gas system peaking improvements nor costs for increasing gas supply contractual ~ maximum will be incurred. 1 ,' Mr. Mitchell reported that the cost of the natural gas system improvements was estimated to be $175,000. The projected natural gas fund profits are $65,000 annually resulting in a three-year payback. Mr. Mitchell advised that the target date for gas availability is March 2009 and the target plant operational date is September 2009. Staff recommended that Council adopt a Capital Project Budg t Ordinance approving funding for the natural gas system improvements for service to the NC Municipal Power Agency #1 Combustion Turbine Power Generation Plant. Council Member Keziah moved to adopt Budget Ordinance BO-~ 008-16: r CAPITAL PROJECT BUDGET ORDINANCE NATURAL GAS FACILITIES FOR SERVICE TO NC MUNICIPAL POWER AGENCY #1 COMBUSTION TURBINE POWER GENERATION PLANT BO-2008-16 WHEREAS, the City desires to provide reliable, quality, and low cost natural gas supply to the citizens and businesses of Monroe; and WHEREAS, the expansion of the City's Natural Gas System is desirable and economically viable; and ` WHEREAS, it is in the best interest of the City of Monroe and i I natural gas customers to pursue extending natural gas service to serve the NC Municipal Power Agency # 1 Combustion Turbine Power Generation Plant. NOW, THEREFORE, BE TT ORDAINED that the City Council of the City of Monroe establishes a capital project entitled "Natural Gas Line Extension and Station - NCMPA #1 CT Plant" and appropriates the following revenues and expenses: Revenue: Appropriation from Natural Gas Fund Balance $175,000 Expense: NCMPA #1 562-0000-443-23-O1 NG09-12 $175,000 BE TT FURTHER ORDAINED, that an amendment to the natural Gas Fund budget for FY 2009 is approved in the amount of $175,000 to appropriate funding for the `Natural Gas Line Extension and Station - NCMPA #1 CT Plant" Capital Project Budget. Adopted this 2°d day of December, 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 Regular City Council Meeting December 2, 2008 Page 115 Item No. 8. North Carolina State Fireman's Associ Certification. Fire Chief Fowler advised by memorandum t that all certified fire departments submit a complete roster of i1 He advised that this was necessary to maintain eligibility for well as eligibility for State Pension Fund credit for individual that State statute also required certification of the Fire Departxr of the fire department. Staff recommended that Council cert presented. t 1 n Council Member Keziah moved to certify the Fire Member Smith seconded the motion, which passed ul AYES: Council Members Ashcraft, Jordan, Ke Smith, Mayor Pro Tem Bazemore, and NAYS: None ~t N.C.G.S. §58-86-25 required eligible fire personnel annually. ~e line of duty death benefits as lembers. Chief Fowler advised nt roster by the governing board y the Fire Department roster as It roster as presented. Council with the following votes: Nash, ~r Kilgore Item No. 9. Employee Donations to the Helping Hands Fu>hd. Finance and Administration Director Fatland advised by memorandum that the Helping Hands Fund was currently funded by utility customer donations with a City match of utility customer donations. He suggested that the City allow employees to contribute to the Helping Hands Fund through payroll deduction in an effort to assist utility customers. The Customer Service Committee recommended that City the Helping Hands Fund through payroll deduction. Council Member Keziah moved that City employees be a Hands Fund through payroll deduction. Council Member passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Ke Smith, Mayor Pro Tem Bazemore, and NAYS: None Administration Director Fatland advised by memorandum t1 amount of assistance available to City utility customers throe of $38,558 into the Helping Hands Assistance Program $11,894.07, resulting in $50,452.07 in Helping Hands Fund utility customers. be allowed to contribute to to contribute to the Helping seconded the motion, which Nash, ~r Kilgore for Winter 2009. Finance and staff suggested transferring the the Special Assistance Program uch has a current balance of sistance being available to City Mr. Fatland explained that this request was due to the customers' heating costs reaching a plateau and remaining consistent along with their consumption. Only large bill month increases in heating costs are considered for assistance through the Special Assistance Program. He advised that the Special Assistance Program was no longer benefiting very many City utility Regular City Council Meeting December 2, 2008 Page 116 customers and staff felt that the funds would be much more Helping Hands Fund. ial to customers through the Mr. Fatland advised that the Union County Department of Social Services administered the Helping Hands Fund to qualifying utility customers who are co sidered for $350 assistance per non-client created crisis with a maximum per calendar year pe customer of $700. The below chart summarizes distributions over the past several years through both programs: 2008 $8,802.78 $ 1,426.66 $10,229.44 2007 $37,384.36 $ 7,047.75 $44,432.11 ~'; 2006 $32,888.17 $34,219.95 $67,108.12 2005 $22,308.41 $ 5,966.23 $28,274.64 2004 $16,758.05 $ 9,218.91 $25,976.96 2003 $ 9,857.94 $31,377.89 $41,235.83 The Customer Service Committee recommended that the amount currently in the budget for the Special Assistance Program be transferred into the Helping Hands budget eliminating the Special Assistance Program at this time. Council Member Keziah moved to transfer $38,558 from the Special Assistance Program into the Helping Hands Assistance Program. Council Member Sm~th seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tem Bazemore, and M yor Kilgore NAYS: None Item No. 11. Moratorium of Non-Pav Disconnects for "Special Needs Customers." Finance and Administration Director Fatland advised by memorandum that during the winter of 2008, non-pay utility disconnects were suspended effective January 1, 2008 through Mazch 31, 2008 for "Special Needs Customers. He advised that "Special Needs Customers" would include customers with medical equipment in the home, senior citizens and customers who receive supplemental income through the Social Security Administration. Staff felt that this request was an action the City should consider for a certain group of citizens of the community to assist them during harsh weather conditions. The Customer Service Committee recommended that Council declare a moratorium from January 1, 2009 through March 31, 2009, to suspend non-pay utility disconnects for "Special Needs Customers." Council Member Keziah moved to deciaze a moratorium from 31, 2009, to suspend non-pay utility disconnects for "Specia Member Smith seconded the motion, which passed unanimously nuary i, 2009 through Mazch Needs Customers." Council ith the following votes: Regular City Council Meeting December 2, 2008 Page 117 AYES: Council Members Ashcraft, Jordan, Keziah, Nash, Smith, Mayor Pro Tern Bazemore, and Mayor Kilgore NAYS: None Item No. 12. 2009 Event Schedule for Downtown Monroe. bowntown Director Brian Borne advised by memorandum that Downtown Monroe, working in partnership with the Downtown Advisory Board, other organizations and City Departments was proposing for consideration of Council the 2009 Event Schedule. The Downtown Advisory Boazd approved the proposed schedule at its October 28, 2008 meeting. Mr. Borne advised that the events would take place at various locations in downtown Monroe. He advised that the addition of events to the downtown venue I ould add an additional element to the dining and shopping experience for citizens and visitors. In order to host the events in Downtown Monroe, Mr. Borne advised that assistance woul ~ be needed from the Pazks and Recreation Department with stage set-up and break-down; Street Division in order to block the event area; and access to electrical power and Police providing security. Permits required from the City of Monroe are an Event Permit, Temporary Use Permit and a Privilege License. Council Member Keziah moved to approve the 2009 Event Proposed 2009 Event Schedule Open Air Market/Fresh Market Aril-September (pending new location. if Joffre RFP 1 s and 3`d Thursday Apri12, 16 May 7, 21 June 4, 18 July 2, 16 August 6, 20 September 3, 17 Classic Car Cruise In April-October Second Friday (`~ April 10 ~ / May 8 June 12 July 10? August 14 September 11 October 9 Home Tour Holiday, November date anticipated Music on Main (in partnership with Breakfast Rotary) Second Thursday May 14 June 11 Regular City Council Meeting December 2, 2008 Page 118 for Downtown Monroe: not available) August 13 September 10 Movies on the Plaza Fourth Friday Broader audience appeal May 22 June 26 August 28 September 25 Halloween Happenings Parks & Recreation/Downtown Monroe Third Saturday, l 7 October 2009 Tree Lighting Parks & Recreation/Downtown Monroe First Saturday, 5 December 2009 Council Member Smith seconded the motion, which passed votes: AYES: Council Members Ashcraft, Jordan, Ke Smith, Mayor Pro Tem Bazemore, and NAYS: None REGULAR AGENDA 1 A. Public Hearing. Mayor Kilgore opened the duly advertised ,rte D. HCUUII ~ lYlUIIUII LU I~VIIIIIILLC iLLUlll: IICAi-lII~ AIILII JQl {( 1 Smith made a motion to continue this public hearing until Ja Nash seconded the motion, which passed unanimously with the AYES: Council Members Ashcraft, Jordan, Kezi Smith, Mayor Pro Tem Bazemore, and IV NAYS: None to Add Additional Square Footage to the Building on Lot 1. A. Public Hearing. Mayor Kilgore opened the duly advertis Osborne stated that this was a request for an amendment to the Regular City Council Meeting December 2, 2008 Page 119 with the following Nash, ~r Kilgore ormand inued public hearing. 6, 2009. Council Member 6, 2009. Council Member wins votes: Nash ~r Kilgore public hearing. Planner Susan ~nditional District "The Park at Monroe" to increase the square footage of the building on Lot advised that on April 3, 2007, Council approved the Condition ~~ The project was approved as a planned development to neighborhood scale shopping center and medical office dev~ feet. (Lot H on the master plan). She 1 District "The Park at Monroe." ~commodate development of a ~pment totaling 250,000 square Ms. Osborne stated that the applicant was requesting to increase the building square footage on Lot 1 from 4,000 square feet to 8,000 square feet. At the time of approval, the building on Lot 1 was proposed to be used as a bank but now is being proposed a~ a retail center. This additional square footage will increase "The Park at Monroe" total square footage from 250,000 sq. ft. to 254,000 sq. ft. Ms. Osborne advised that the design and location of the redesigned building will still be in keeping with all architectural requirements as originally approved, all access will remain internal to the shopping center and no driveway cuts will be allowed to US Highway 74, and the parking provided is adequate to serve the additional square footage. Staff and the Planning Board recommended approval of the There being no other speakers, Mayor Kilgore closed the public B. Action - Zoning Map Amendment. Council Member Nash moved BE IT ORDANIED that this property be amended to Conditional District "The Park at Monroe Amendment 1." Council Member Ashcraft seconded the motion, which unanimously pass~,ed with the following votes: AYES: NAYS Council Members Ashcraft, Jordan, Ke Smith, Mayor Pro Tem Bazemore, and None Nash, ~r Kilgore at Monroe Amendment 1." Council Member Nash moved to RESOLUTION OF LAND DEVELOPMENT CONDITIONAL DISTRICT "THE PARK AT M' (~ R-2008-93 WHEREAS, in accordance with the provisions of North Carol City Council does hereby find and determine that the adoption o Conditional District "The Park at Monroe Amendment "l fort consistent with the adopted Land Development Plan and that amendment for following described property is reasonable and consistency with the Land Development Plan and, as a result, objectives of the Land Development Plan. NOW, THEREFORE, BE IT RESOLVED that the City approves the zoning map amendment for property with Union Cour 091D and 09292091E. . Adopted this 2°d day of December, 2008. Regular City Council Meeting December 2, 2008 Page 120 Resolution R-2008-93: COMPLIANCE E AMENDMENT 1" General Statute 160A-383, the e zoning map amendment for described below property is approval of the zoning map the public interest due to its furtherance of the goals and 'ouncil of the City of Monroe Tax Parcel Number(s): 09-298- _.T __-_~_ -.__~_ _ ~ . ~_ Council Member Ashcraft seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Kezi ,Nash, Smith, Mayor Pro Tem Bazemore, and MCI yor Kilgore NAYS: None Item No. 15. Zonint5 Man Amendment- Request for Property Located at 611 East Windsor Street, East of Morgan Mill Road and North of Windsor) Street to Conditional 1)ictrict "Covenant Waste." A. Public Hearing. Mayor Kilgore opened the duly advertisied public hearing. Planner Lisa Thompson stated that this was a zoning map amendment request by Derek Hodge for 1.877 acres located at 61 i East Windsor Street from GI {General Industrial) to Conditional District "Covenant Waste" in order to construct a 3,900 square foot building for Covenant Waste's dispatch office, maintenance bay, and paved storage azea for their fleet and solid waste receptacles. n l ~ Ms_ Thompson advised that the property was currently vacant and awaiting development. She advised that the subject property was within the GI (Genera Industrial) zoning district and adjacent properties are zoned GI (General Industrial). The new zoning is consistent with the Monroe Land Development Plan. ~ Staff and the Planning Board recommended approval of the Mr. R.B. Mangum addressed Council and requested that they There being no other speakers, Mayor Kilgore closed the public B. Zoning Map Amendment. Council Member Keziah property be rezoned from GI (General Industrial) to Col Council Member Ashcraft seconded the motion, which un votes: AYES: Council Members Ashcraft, Jordan, Ke Smith, Mayor Pro Tem Bazemore, and NAYS: None ~.. ricuvu - i~cwiu~avu v~ i.auu LcvcivNUacua ~,viu~ "Covenant Waste." Council Member Keziah moved to adopt RESOLUTION OF LAND DEVELOPMENT CONDITIONAL DISTRICT "COVED R-2008-104 the rezoning request. BE IT ORDANIED that this District "Covenant Waste." ;ly passed with the following Nash, ~r Kilgore R-2008-104: 1 COMPLIANCE WASTE" Regulaz City Council Meeting December 2, 2008 Page 121 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 "Covenant Waste" further described below ~roperty is consistent with the adopted Land Development Plan and that the approval of the zonin~ 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 for property with Union County Tax Parcel Number: 09-192- 125A. ~ Adopted this 2°d day of December, 2008. Council Member Ashcraft 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. 16. Public Comment Period. A. Mr. Franklin Holloway. Mr.. Franklin Holloway issues at his property located at 109 North College Street. Item No. 17. moved to go into Closed Session pursuant to N.C.G.S. 143- Smith seconded the motion, which passed unanimously with the AYES: Council Members Ashcraft,. Jordan, Ke Smith, Mayor Pro Tem Bazemore, and NAYS: None Upon return from Closed Session and there being no further Meeting of December 2, 2008 adjourned at 7:45 p.m. Attest: C~3rirr e~-E~ ~• .~'of~ivtSo Bri ette H. Robinson, ity Clerk Regular City Council Meeting December 2, 2008 Page 122 Council regarding drainage lfa)(5}. Council Member Nash 18.11(a)(5). Council Member i,llowin~ votes: Nash, ~r Kilgore the Regular City Council J to 8 4,a ,~~/