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02-11-2025 City Council Regular MeetingCITY COUNCIL REGULAR MEETING 300 WEST CROWELL STREET MONROE, NORTH CAROLINA 28112 FEBRUARY 11, 2025 — 6:00 P.M. AGENDA www.monroenc.org RECOGNITIONS 1. Invocation 2. Pledge of Allegiance 3. Employee/Department Recognitions A. Monroe Aquatics and Fitness Center 1) Emily Carmen — American Red Cross National Lifesaving Award for Professional Responders 2) AJ Herrin — American Red Cross National Lifesaving Award for Professional Responders 3) Jacob Palmer — American Red Cross National Lifesaving Award for Professional Responders 4) Havi Schmitt— Lifesaving Efforts 5) Payton Murphy — Lifesaving Efforts B. Police Department LW 1) Landon Bower — Police Officer of the Month 2) Frank Irizarry — Police Officer of the Year AGENDA ADOPTION CONSENT AGENDA The City Council uses a Consent Agenda to consider items that are non -controversial and routine. The Consent Agenda is acted upon by one motion and vote of the Council. Items may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council Member or Citizen with consent of Council. The Consent Agenda contains the following items: 4. Budget Amendment for Police Department Donation from Advanced Driver Training Services, Inc. 5. Call for Public Hearings to be Held March 11, 2025 A. Developer Agreement with Pulte Home Company, LLC B. Downtown Economic Development PRONTO Incentive Grant to Mike and Karyl Jones for Clipperz C. Downtown Economic Development PRONTO, Fagade and Meet Me Downtown Incentive Grants to Jason Hill for E.L.K. of Monroe D. Level II Economic Development Incentive Agreement to Confidential Company for Project Homecoming City Council Regular Meeting February 11, 2025 Page 21 6. Charlotte -Monroe Executive Airport Access Road Construction A. Payment Approval B. Budget Amendment 7. Community Centers Floor Replacement Project A. Award of Contract to Kell Marketing Group B. City Manager to Execute Documents 8. Energy Services Department Circuit Breaker Replacements A. Award of Purchase Contract to Wesco through Sourcewell Cooperative Purchasing Program B. City Manager to Execute Documents 9. Grant Program Applications A. Selectsites Readiness B. State and Local Cybersecurity 10. Minutes of City Council Meetings of January 14, 2025, January 27, 2025 and January 30, 2025 11. Monroe Country Club Golf Simulators A. Award of Contract to WAWGD Newco, LLC DBA Foresight Sports B. City Manager to Execute Documents 12. Morgan/Windsor Alley Downtown Furniture Project A. Phase 1 Design and Furniture B. Capital Project Budget Ordinance 13. Ordinance Amending Code of Ordinance Chapter 130 titled General Offenses Against City Regulations to Add Section 130.11 titled Camping and Other Activity Prohibited 14. Pilot Paid Parking Program 15. Proclamations A. Dr. Martin Luther King, Jr. Day — January 20, 2025 B. Black History Month — February 2025 16. Tax Releases for December 2024 17. US 74 and Highway 601 Interchange Improvements Project Cost for Mechanically Stabilized Earth Wall Enhancements and Sidewalk Betterment 18. Wastewater Treatment Plant Chlorine Contact Basin Rehabilitation and Secondary Clarifier Assessment Project A. Award Professional Engineering Services Contract to Hazen and Sawyer B. City Manager to Execute Documents City Council Regular Meeting February 11, 2025 Page 22 CW RECOGNITION 19. Public Comment Period PUBLIC HEARINGS 20. Request to Table Public Hearing and Action for Level IV Economic Development Incentive Grant to Confidential Company for Project Nickel to City Council Regular Meeting of March 11, 2025 Without Further Advertising 21. Request to Table Public Hearing and Action for Downtown Murals to City Council Regular Meeting of April 8, 2025 Without Further Advertising 22. Downtown Economic Development PRONTO Incentive Grant to Casilen Gonzalez for Murphy's on Main A. Public Hearing B. Action — Resolution Awarding Incentive Agreement C. Action — Incentive Agreement 23. Downtown Economic Development PRONTO Incentive Grant and Downtown Economic Development Incentive Grant to James Scott Purdy for Presson Building and Art Gallery Located at 113/115 S. Main Street A. Public Hearing B. Action — Resolution Awarding Incentive Agreement C. Action — Incentive Agreement 24. Declaring Property Located at 112 S. College Street Unfit for Human Habitation and Order Dwelling be Repaired, Altered, Improved or Demolished A. Public Hearing B. Action — Ordinance Declaring Property Unfit for Human Habitation and Ordering Dwelling be Repaired or Demolished and Removed 25. Declaring Property Located at 205 E. Phifer Street Unfit for Human Habitation and Order Dwelling be Repaired, Altered, Improved or Demolished A. Public Hearing B. Action — Tabled to April 8, 2025 26. Zoning Map Amendment Request to Rezone Property Located at 1410 E. Franklin Street from Office Medical to Conditional Office A. Public Hearing B. Action — Resolution Approving Land Use and Transportation Plan Compliance C. Action — Ordinance Amending Code of Ordinances for Zoning Map 27. Zoning Map Amendment Request to Rezone Property Located at 2691 W. Roosevelt Boulevard from Conditional District RH Properties to Conditional Commercial City Council Regular Meeting February 11, 2025 Page 23 B. Public Hearing C. Action—Resolution Denying Land Use and Transportation Plan Compliance D. Action—Zoning Map Amendment Denial INFORMATIONAL COMMITTEE MINUTES, COMMITTEE STAFF NOTES AND REPORTS 28. Annual Written Reports of Boards and Commissions for 2024 29. Building Permit Data for December 2024 30. City Council Discretionary Fund Disbursements for January 2025 31. Committee Minutes/Staff Notes A. Minutes of Downtown Advisory Board Meeting of December 16, 2024 B. Minutes of General Services Committee Meeting of January 9, 2025 C. Minutes of Historic District Commission Meeting of December 9, 2024 D. Minutes of Parks and Recreation Commission Minutes of December 17, 2024 E. Minutes of Planning Board Meeting of December 4, 2024 F. Minutes of Public Enterprise Committee Meeting of December 5, 2024 G. Minutes of Special Needs and Disabilities Committee Meeting of December 3, 2024 32. Financial Reports for December 2024 33. Summary of Contracts Awarded, Change Orders Approved and City Manager's Settlement of Claims for January 2025 REGULAR AGENDA 34. Development Review and Permitting Process 35. Limits on Downzoning Enacted from Senate Bill 382 36. City Legislative Agenda A. City Legislative Agenda B. Local Bill—Voluntary Annexation Requests 37. Travel Policy for Elected Officials A. Travel Allowance Increase for Elected Officials B. Travel for Elected Officials Policy Amendment C. Budget Amendment 38. Awards and Recognitions 39. Closed Session pursuant to North Carolina General Statute Sections 143-318.11(a)(1) and (a)(5) ( i City Council Regular Meeting February 11,2025 Page 24 CLOSING COMMENTS City Council Regular Meeting February 11, 2025 Page 25 CITY OF MONROE taw CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2025 MINUTES A The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers located at 300 W. Crowell Street in Monroe, North Carolina at 6:00 p.m. on February 11, 2025 with Mayor Robert Burns presiding. Present: Mayor Robert Burns, Mayor Pro Tern David Dotson, Council Member Gary Anderson, Council Member Surluta Anthony, Council Member James Kerr, Council Member Franco McGee, Council Member Julie Thompson, City Manager Mark Watson, City Attorney Richard Long and City Clerk Bridgette Robinson. Absent: None. Visitors: Abigail Stegall, Amelia Ball, Cherry Kirk, Christine Zazzaro, Crystal Durham, Donna O'Keefe, Elisabeth Hardin, Eliza Ball, Emily Carmen, Freddie Kirk, Jacob Palmer, Jeney Hoang, Jessica Perry, John Powell, Josh Glenn, Karen West Baird, Karyl Jones, Katelyn Snow, Katherine Long, Kim Palmer, Kimberly Belmont, Kristina Rodriquez, Kyla Jones, Liz Addington, Logan Adams, MaryAnn Rasberry, Mary -Kate Scurlock, Matthew Keyel, Meg Bell, Melissa McKeown, Michael Mathews, Michelle Ball, Mike Jones, Nancy Hare Simmons, Nathan Broughton, Pam Duda, Paul Keene, Paxton Widenhouse, Rachel Schmitt, Rob McCade, Rob McCain, Roberta Reed, Sara Rodriguez, Stan Miller, Stephen Gray, Steven Stegall, Toan Ngo, Victor Little, Wayne Blanton, Willie Bowser, and others. Mayor Burns called the City Council Regular Meeting of February 11, 2025 to order at 6:05 p.m. A quorum was present. RECOGNITIONS Item No. 1. Invocation. Monroe Police Department Chaplain Rev. Jimmy H. Bention, Sr. delivered the invocation. Item No. 2. Pledge of Allegiance. Mayor Burns led the Pledge of Allegiance. Item No. 3. Employee/Department Recognitions. A. Monroe Aquatics and Fitness Center. 1) Emily Carmen — American Red Cross National Lifesaving Award for Professional Responders. Monroe Aquatics and Fitness Center Aquatics Division Supervisor Sophia Williams recognized Emily Carmen for her actions during an event that occurred in June of 2024 at the Monroe Aquatics and Fitness Center where she provided care to a victim that was having a seizure City Council Regular Meeting February 11, 2025 Page 26 in the water. American Red Cross Director Sheila Crunkleton presented her with the American Red Cross National Lifesaving Award for Professional Responders. 2) AJ Herrin — American Red Cross National Lifesaving Award for Professional Responders. Monroe Aquatics and Fitness Center Aquatics Division Supervisor Sophia Williams recognized AJ Herrin for his actions during an event that occurred in June of 2024 at the Monroe Aquatics and Fitness Center where he provided care to a victim that was having a seizure in the water. American Red Cross Director Sheila Crunkleton presented him with the American Red Cross National Lifesaving Award for Professional Responders. 4) Jacob Palmer — American Red Cross National Lifesaving Award for Professional Responders. Monroe Aquatics and Fitness Center Aquatics Division Supervisor Sophia Williams recognized Jacob Palmer for his actions during an event that occurred in June of 2024 at the Monroe Aquatics and Fitness Center where he provided care to a victim that was having a seizure in the water. American Red Cross Director Sheila Crunkleton presented him with the American Red Cross National Lifesaving Award for Professional Responders. 4) Havi Schmitt — Lifesaving Efforts. Monroe Aquatics and Fitness Center Aquatics Division Supervisor Sophia Williams recognized Havi Schmitt for her support and efforts during an event that occurred in June of 2024 at the Monroe Aquatics and Fitness Center involving a victim that was having a seizure in the water. 5) Payton Murphy — Lifesaving Efforts. Monroe Aquatics and Fitness Center Aquatics Division 4W Supervisor Sophia Williams recognized the support and efforts of Payton Murphy during an event that occurred in June of 2024 at the Monroe Aquatics and Fitness Center involving a victim that was having a seizure in the water. Due to a scheduling conflict, Ms. Murphy was unable to be present. R B. Police Department. 1) Landon Bower — Police Officer of the Month. Police Chief Bryan Gilliard recognized Police Officer Landon Bower for being named as Police Officer of the month for February 2025. 2) Frank Irizarry — Police Officer of the Year. Police Chief Bryan Gilliard recognized Police Detective Frank Irizarry for being named as the 2024 Police Officer of the Year. AGENDA ADOPTION Council Member Anthony advised that due to time constraints, the item titled Awards and Recognitions was not presented at the February 11, 2025 City Council Strategic Planning Meeting and requested that the matter be added to the Regular section of the Agenda. Council Member Anthony moved to adopt the City Council Regular Meeting Agenda of February 11, 2025 as presented with the addition of the Awards and Recognition item. Council Member Thompson seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting February 11, 2025 Page 27 AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None CONSENT AGENDA Written background information was provided in advance in the Council Agenda Packet for each item on the Consent Agenda. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 4. Budget Amendment for Police Department Donation from Advanced Driver Training Services, Inc. Police Chief Bryan Gilliard advised by memorandum that the Police Department had received a $50 donation from Advanced Driver Training Services, Inc. to be used for the Monroe Police Explorer Program. Mr. Gilliard advised that this matter was presented to the Public Safety Committee on February 3, 2025. He advised that it was the recommendation of the Public Safety Committee and Staff that Council adopt a Budget Amendment accepting and appropriating the funds. Council Member Anthony moved to adopt Budget Amendment BA-2025-01: BUDGET AMENDMENT BA-2025-01 1. Amendment necessary to designate and appropriate funds received from Advanced Driver Training Services, Inc. for the Monroe Explorer Program. General Fund: Revenues: Miscellaneous $50 Expenditures: Public Safety $50 Adopted this 1 It' day of February 2025. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 5. Call for Public Hearings to be Held March 11, 2025. A. Developer Agreement with Pulte Home Company, LLC. Energy Services and Water Resources General Manager Rob Miller requested by memorandum that Council call for a public hearing to be held March 11, 2025 to consider a Developer Agreement with Pulte Home Company, LLC. City Council Regular Meeting February 11, 2025 Page 28 Council Member Anthony moved to call for a public hearing to be held on March 11, 2025 to consider this matter. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None B. Downtown Economic Development PRONTO Incentive Grant to Mike and Karyl Jones for Clipperz. Downtown Manager Donna O'Keefe requested by memorandum that Council call for a public hearing to be held March 11, 2025 to consider the award of a Downtown Economic Development PRONTO Incentive Grant to Mike and Karyl Jones for Clipperz. Council Member Anthony moved to call for a public hearing to be held on March 11, 2025 to consider this matter. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None C. Downtown Economic Development PRONTO, Facade and Meet Me Downtown Incentive Grants to Jason Hill for E.L.K. of Monroe. Downtown Manager Donna O'Keefe requested by memorandum that Council call for a public hearing to be held March 11, 2025 to consider the award of Downtown Economic Development PRONTO, Fagade and Meet Me Downtown Incentive Grants to Jason Hill for E.L.K. of Monroe. Council Member Anderson moved to call for a public hearing to be held on March 11, 2025 to consider this matter. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None D. Level II Economic Development Incentive Agreement to Confidential Company for Proiect Homecoming. Strategic Projects Manager Teresa Campo and Energy Services and Water Resources General Manager Rob Miller requested by memorandum that Council call for a public hearing to be held on March 11, 2025 to consider the award of a Level II Economic Development Incentive Grant to a confidential company for Project Homecoming. Staff advised that the name of the company would be disclosed at the public hearing. Council Member Anthony moved to call for a public hearing to be held on March 11, 2025 to consider this matter. Council Member Thompson seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting February 11, 2025 Page 29 A N AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 6. Charlotte -Monroe Executive Airport Access Road Construction. Assistant City Manager Lisa Hollowell advised by memorandum that this was a request for approval of payment for the access road construction to provide vehicular access from the Charlotte -Monroe Executive Airport parking lot to Hangars 7 and 10. In addition, Ms. Hollowell advised that a Budget Amendment was needed to appropriate funding in the amount of $142,482 for the access road construction. She advised that this matter was presented to the General Services Committee on February 6, 2025. Ms. Hollowell advised that it was the recommendation of the General Services Committee and Staff that Council approve the payment for the access road construction at the Charlotte -Monroe Executive Airport and adopt a Budget Amendment appropriating funding in the amount of $142,482. A. Payment Approval. Council Member Anthony moved to approve the payment for the access road construction at the Charlotte -Monroe Executive Airport. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None B. Budget Amendment. Council Member Anthony moved to adopt Budget Amendment BA- 2025-02: BUDGET AMENDMENT BA-2025-02 1. A Budget Amendment is needed to cover the cost of the construction and paving of an access road from the airport parking lot to the new hangar 10 (Boggs Hangar). This access road provides vehicular access to new hangar (hangar 10) and hangar 7. General Fund: Revenue Expense Appropriation of Fund Balance Transfer to Airport Fund Airport Fund: Revenue Transfer from General Fund Expense Airport Operations Adopted this 11" day of February, 2025. City Council Regular Meeting February 11, 2025 Page 30 $142,482 $142,482 $142,482 $142,482 A Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 7. Community Centers Floor Replacement Project. Property Management Director Ryan Jones advised by memorandum that as part of the Fiscal Year 2025 Budget, Council approved Community Center upgrades that included the replacement of the Community Center floors. Mr. Jones advised that the floor renovations would be staggered in scheduling to ensure that activities were provided at other facilities while renovations took place. He advised that the following bids were received for the project: Kell Marketing Group — $202,459; Stratos Solutions — $206,750; and, Watford Tile, Inc.—$211,319. Mr. Jones advised that this matter was presented to the General Services Committee on February 6, 2025. Based on bids received and in accordance with Section 34.01-G titled Restriction on Authority of the City's Code of Ordinances requiring Council to authorize all purchases exceeding $200,000, he advised that it was the recommendation of the General Services Committee and Staff that Council award the contract for replacement of the Community Center floors to Kell Marketing Group in the amount of $202,459 and authorize the City Manager to execute any and all necessary documents. A. Award of Contract to Kell Marketing Group. Council Member Anthony moved to award the contract for replacement of the Community Center floors to Kell Marketing Group in the amount of $202,459. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None B. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the contract with Kell Marketing Group for replacement of the Community Center floors. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 8. Energy Services Department Circuit Breaker Replacements. Energy Services and Water Resources General Manager Rob Miller advised by memorandum that the Energy Services Department had identified the need to replace several circuit breakers in substations due to the obsolescence of the existing breakers, electric system growth and the need to improve City Council Regular Meeting February 11, 2025 Page 31 employee safety during maintenance activities. Mr. Miller advised that the recommended breakers fit the Energy Services' standard for substation equipment. Mr. Miller advised that ABB RMAG circuit breakers would be purchased through the Sourcewell Cooperative Purchasing Program who collectively bid specified equipment providing competitive pricing as well as meeting statutory requirements. He advised that Wesco and Sourcewell had entered into an agreement for the procurement of circuit breakers. Mr. Miller advised that Wesco had provided a quote to the City for the eight circuit breakers in the amount of $493,462 that met the requirements of the Sourcewell contract. Mr. Miller advised that this matter was presented to the Public Enterprise Committee on February 4, 2025. He advised that in accordance with Section 34.01-G titled Restriction on Authority of the City's Code of Ordinances requiring Council to authorize all purchases exceeding $90,000, he advised that it was the recommendation of the Public Enterprise Committee and Staff that Council award the purchase contract for eight ABB RMAG circuit breakers to Wesco through the Sourcewell Cooperative Purchasing Program in the amount of $493,462 and authorize the City Manager to execute any and all necessary documents. Mr. Miller advised that there were sufficient funds budgeted for this matter. A. Award of Purchase Contract to Wesco through Sourcewell Cooperative Purchasing Program. Council Member Anthony moved to award the purchase contract for eight ABB RMAG circuit breakers to Wesco through the Sourcewell Cooperative Purchasing Program in the amount of $493,462. Council Member Thompson seconded the motion, which passed unanimously with ,jw the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None B. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the purchase contract with Wesco through the Sourcewell Cooperative Purchasing Program for replacement of eight ABB RMAG circuit breakers. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 9. Grant Program Applications. A. Selectsites Readiness. Assistant City Manager Lisa Hollowell advised by memorandum that the Selectsites Readiness Program was managed by the North Carolina Department of Commerce. Ms. Hollowell advised that the General Assembly appropriated $10 million for 15 development sites statewide selected for participation in this program in 2024. She advised that the Monroe site was at the Expressway Commerce Park which contains 74 acres and was zoned Light -Industrial. City Council Regular Meeting February 11, 2025 Page 32 Ms. Hollowell advised that the City planned to apply for funding for preliminary engineering, environmental testing, clearing and grading and other activities to develop the site to be a construction -ready property to attract industry. Ms. Hollowell advised that this matter was presented to the General Services Committee on February 6, 2025. She advised that it was the recommendation of the General Services Committee and Staff that Council authorize Staff to apply for the grant funding for the Selectsites Readiness Program. Council Member Anthony moved to authorize Staff to apply for the grant funding for the Selectsites Readiness Program. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None B. State and Local Cybersecurity. Finance Director Lisa Strickland advised by memorandum that the Department of Homeland Security/Federal Emergency Management Agency grant program opened on September 23, 2024 and closed on January 31, 2025. Ms. Strickland advised that when Staff learned the grant application period had opened, due to the application deadline and timing of meetings, Staff applied for a Cybersecurity Program and Plan Writing initiative and external testing grant aimed at enhancing the City's ability to prevent, respond to and recover from cybersecurity incidents. She advised that the City would have the opportunity to accept or deny the grant if selected for the award. Ms. Strickland advised that Staff applied for $115,471.30. She advised that this was a 70% federal grant with a 30% City match. Ms. Strickland advised that the total cost of the project was $164,959 and the City's match would be $49,487.70. Ms. Strickland advised that this matter was presented to the General Services Committee on February 6, 2025. She advised that it was the recommendation of the General Services Committee and Staff that Council authorize Staff to continue with the application process. Council Member Anthony moved to authorize Staff to continue with the application process for the State and Local Cybersecurity Grant. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None Item No. 10. Minutes of City Council Meetings of January 14, 2025, January 27, 2025 and January 30, 2025. Council Member Anthony moved to adopt the Minutes of the City Council Meetings of January 14, 2025, January 27, 2025 and January 30, 2025. Council Member Thompson seconded the motion, which passed unanimously with the following votes: City Council Regular Meeting February 11, 2025 Page 33 AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No.11. Monroe Country Club Golf Simulators. Parks & Recreation and Tourism Director Pete Hovanec advised by memorandum that during the September 12-13, 2024 City Council Strategic Planning Retreat, Staff presented an overview of the plan for the Monroe Country Club Ballroom and the vision to transform the facility into a golf simulator destination. Mr. Hovanec advised that at the October 8, 2024 City Council Regular Meeting, Council approved the appropriation of funds (not to exceed $250,000) for the purchase of the simulators but did not approve the contract since it was not yet available. Mr. Hovanec advised that Staff had solicited quotes from two vendors for the purchase of five simulators including installation as follows: Foresight Sports — $208,264; and, Full Swing Golf — $270,275. He advised that Staff selected Foresight Sports as the lowest quote. Mr. Hovanec advised that Foresight was a leading manufacturer and installer of simulators, and the company was eager to work within a historical building for a one -of -a -kind experience. Mr. Hovanec advised that this matter was presented to the General Services Committee on February 6, 2025. He advised that it was the recommendation of the General Services Committee and Staff that Council award the contract for five simulators, including installation, to WAWGD Newco, LLC DBA Foresight Sports in the amount of $208,264 and authorize the City Manager to execute any and all necessary documents. A. Award of Contract to WAWGD Newco, LLC DBA Foresight Sports. Council Member Anthony moved to award the contract for five simulators, including installation at the Monroe Country Club Ballroom, to WAWGD Newco, LLC DBA Foresight Sports in the amount of $208,264. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None B. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the purchase contract with WAWGD Newco, LLC DBA Foresight Sports for five simulators, including installation at the Monroe Country Club. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 12. Morgan/Windsor Alley Downtown Furniture Project. Downtown Manager Donna O'Keefe advised that Sister Bay was selected as the manufacturer for the Morgan/Windsor City Council Regular Meeting February 11, 2025 Page 34 Alley Furniture Project — Phase 1. Ms. O'Keefe advised that the Sister Bay furniture was an HDPE recycled lumber that was a durable, weather -resistant, low maintenance, non -porous, eco-friendly product made from fully -recyclable materials, was approximately 30% heavier than its competitors and was made in the USA. She advised that the selected styles had mass appeal and complimented Monroe's Downtown aesthetic. Ms. O'Keefe advised that this matter was presented to the Downtown Advisory Board on January 24, 2025 and the General Services Committee on February 6, 2025. Ms. O'Keefe advised that it was the recommendation of the General Services Committee, the Downtown Advisory Board and Staff that Council approve Phase 1 for the design and purchase of furniture for the Morgan/Windsor Alley Furniture Project from Sister Bay in the amount of $77,231.85 and adopt a Capital Project Budget Ordinance transferring funding from the Downtown Parking Improvement project to a new project for Downtown Furniture to provide funding for this purchase. A. Phase I Design and Furniture. Council Member Anthony moved to approve Phase 1 for the design and purchase of furniture for the Morgan/Windsor Alley Furniture Project from Sister Bay in the amount of $77,231.85. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns 4W NAYS: None B. Capital Project Budget Ordinance. Council Member Anthony moved to adopt Capital Project Budget Ordinance BO-2025-02: CAPITAL PROJECT BUDGET ORDINANCE DOWNTOWN FURNITURE PHASE I BO-2025-02 WHEREAS, the City previously made improvements to Morgan/Windsor Alley in the Downtown district; and WHEREAS, furniture is needed in the alley space to improve aesthetics and provide a venue for patrons to enjoy Downtown Monroe; and WHEREAS, the City would like to provide funding from the Downtown Parking (RD2202) project that was previously funded. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe transfers funding from Downtown Parking to a new project for the purchase of Downtown Furniture. Capital Project Fund: Revenue: Transfer from General Cap Project (MP2501) $77,250 Expense: Project Costs (MP2501-Downtown Furniture) $77,250 City Council Regular Meeting February 11, 2025 Page 35 Transfer to General Cap Project (RD2202) $77,250 Project Costs (RD2202-Downtown Parking) $77,250 Adopted this 11" day of February, 2025. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 13. Ordinance Amending Code of Ordinance Chanter 130 titled General Offenses Against City Regulations to Add Section 130.11 titled Camping and Other Activity Prohibited. Senior Staff Attorney Terry Sholar advised by memorandum that on January 14, 2025, Council adopted a Resolution of Intent to Adopt Ordinance Amending Code of Ordinance Chapter 130 titled General Offenses Against City Regulations to Add Section 130.11 titled Camping and Other Activity Prohibited (R-2025-01). In accordance with North Carolina General Statute Section 160A-175 titled Enforcement of Ordinance, Mr. Sholar advised any Ordinance imposing a criminal fine may not be enacted at the meeting it was first introduced; therefore, the amendment was being presented for formal adoption. Mr. Sholar advised that this matter was presented to the Public Safety Committee on January 6, 2025. He advised that it was the recommendation of the Public Safety Committee and Staff that Council adopt an Ordinance amending the Code of Ordinance to add Section 130.11 titled Camping and Other Activity Prohibited. Council Member Anthony moved to adopt Ordinance 0-2025-03: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XIII: GENERAL OFFENSES CHAPTER 130: OFFENSES AGAINST CITY REGULATIONS 0-2025-03 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XIII, CHAPTER 130 OF THE MONROE ORDINANCES IS HEREBY AMENDED AS FOLLOWS: Section 1. Amend Chapter 130 by adding anew § 130.11 to read as follows: 130.11 Camping and Other Activity Prohibited. A. Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: 1. Camp or Camping means the use of city property for overnight living accommodation purposes such as sleeping, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or placing any tents or a temporary shelter City Council Regular Meeting February 11, 2025 Page 36 on city property for living accommodation purposes. CW 2. Temporary Shelter means tents, tarps, or any type of structure or cover that provides partial shelter from the elements. Public Property means any real property owned by any federal, state, or local governmental agency and includes, but is not limited to parks, recreational facilities, streets, rights -of -way, parking lots, or sidewalks. B. It shall be unlawful for anyone to Camp on any Public Property. C. Camping as defined in this section is deemed a public nuisance and the city may summarily remove a Temporary Shelter, bedding or personal belongings. D. It shall be unlawful to light or use a campfire or bonfire on Public Property except as may be specifically authorized by a permit. E. No person shall Camp, sleep, or rest in a prone position on public property at any time of the day or night. F. Within the Downtown District defined and established in § 160.01, no person shall Camp, sleep, or rest in a prone position, day or night, on Public Property, or on private property in front of an entranceway to any privately -owned building so as to block the entrance or impede access in any way. Section 2. Amend § 130.99 PENALTY by deleting it in its entirety and replacing and substituting it with the following: A violation of this section may be punishable as a Class 3 misdemeanor and be subject to a maximum fine not to exceed $500.00 pursuant to G.S. 160A-175 and G.S. 14-4. Section 3. This Ordinance shall be effective upon adoption. Adopted this 11" day of February, 2025. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 14. Pilot Paid Parking Program. Planning and Development Director Lisa Stiwinter advised by memorandum that at the October 8, 2024 City Council Strategic Planning Meeting, Council approved a Pilot Paid Parking Program with an effective date of November 1, 2024. Ms. Stiwinter advised that the program was introduced at a rate of $1,000 for six months. She advised that the purpose of the program was to establish a parking permit program for the City -owned parking lot located at the intersection of E. Crowell/N. Hayne Street containing 18 parking spaces. Ms. Stiwinter advised that this lot was selected due to its proximity to high demand areas in Downtown and consistently high occupancy rates. She advised that the goal of the program was City Council Regular Meeting February 11, 2025 Page 37 to provide both a convenient and exclusive parking option for Downtown visitors, employees and business owners while also exploring revenue -generating parking solutions for the City. Ms. Stiwinter advised that this program was just past the halfway point of the six-month period. She shared the following key data points and observations that had been noted: • Participation and revenue: A total of four spaces have been leased, with one permit reissued due to misplacement, generating $4,010 over the past three months; • Enforcement: The Permit Required signage and coordination with Monroe Police Department included the ability to tow vehicles; • Feedback and challenges: Feedback from both the public and permit holders have been consistent, indicating that the current price of the program was unaffordable; and, • Parking education/awareness: Easily accessible method for the public to view public parking spaces is needed (i.e., online interactive map). Future studies should incorporate baseline observations of all nearby parking lots to better understand usage patterns and capture the most useful data from the pilot parking programs. Ms. Stiwinter shared the following data and observations: • Initial occupancy trends: Early pre -pilot observations (October 2024) indicated consistent full or near -full occupancy in the lot with rate occasionally exceeding 100% due to vehicles parked near buildings or in non -designated areas at times; and, • Decline in usage after launch: After the program began, occupancy fell significantly, with rates for the lot averaging at 6-17% in November and December 2024. By January 2025, after the holidays, usage remained low. Nearby, the 38 space public lot often reached capacity even during days of noted adverse weather (heavy rain/ice/cold). With regard to program feedback. Ms. Stiwinter advised that the Pilot Program had yielded the following themes based on participant feedback: • Price: Multiple participants and residents noted that the $1,000/6-month rate was too high, especially when compared to the $5/day ticketing alternative or free public parking. Some referenced a previously discussed rate of $365/per year; • Enforcement: Users questioned whether parking violations in the lot were effectively enforced; and, • Clarity: Participants sought clarification on permit terms such as vehicle sharing and agreement requirements. Residents also sought clarification on free parking options in the Downtown area. Ms. Stiwinter advised that Staff reflections and limitations included: • Baseline Data: Observations of the 38-space public lot prior to the pilot's launch were not conducted, limiting comparisons between the free and paid lot usage; and, • Observation Frequency: Ideally, the lot would have been observed twice daily, but time constraints reduced the ability to capture comprehensive data. City Council Regular Meeting February 11, 2025 Page 38 A Ms. Stiwinter advised that this matter was presented to the General Services Committee on February 6, 2025. She advised that it was the recommendation of the General Services Committee that the Pilot Paid Parking Program be terminated at the conclusion of its six-month trial period, citing low participation and negative feedback received following its implementation. She advised that beginning May 1, 2025, the parking lot would become public access again. Council Member Anthony moved to terminate the Pilot Paid Parking Program at the conclusion of its six-month trial period noting that beginning May 1, 2025, the parking lot would become public access again. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None Item No. 15. Proclamations. A. Dr. Martin Luther King, Jr. Day — January 20, 2025. Mayor Robert Burns advised by memorandum that due to a request for issuance of a Proclamation falling between Council Meetings, he requested and Council approved the issuance of a Proclamation observing Dr. Martin Luther King, Jr. Day as January 20, 2025. He requested that Council ratify the action approving the issuance of the Proclamation. Council Member Anthony moved to ratify the actions of Council to issue Proclamation P-2025- 01: PROCLAMATION OBSERVING DR. MARTIN LUTHER KING, JR. DAY JANUARY 20, 2025 P-2025-01 WHEREAS, Dr. Martin Luther King, Jr. dedicated his life to championing liberty, individual rights, and equality under the law, calling upon our nation to uphold its founding principles that "all men are created equal"; and WHEREAS, through his steadfast leadership and commitment to nonviolence, Dr. King inspired a movement that transformed the nation, shining a light on the injustices faced by many and paving the way for meaningful civil rights advancements; and WHEREAS, on August 28, 1963, Dr. King delivered his iconic "I Have a Dream" speech on the steps of the Lincoln Memorial, where he powerfully envisioned a future where Americans would "not be judged by the color of their skin but by the content of their character," a vision that continues to guide and inspire; and WHEREAS, Dr. King's work exemplified courage, perseverance, and the enduring belief that America's promise of freedom and opportunity could be achieved through peaceful action and unity of purpose; and City Council Regular Meeting February 11, 2025 Page 39 WHEREAS, the City of Monroe recognizes the importance of honoring Dr. King's enduring legacy, not only as a leader of the Civil Rights Movement but as a figure whose vision for a better, fairer society challenges each of us to contribute to the common good. NOW, THEREFORE, I, Robert Burns, Mayor of the City of Monroe, North Carolina, do hereby proclaim January 20, 2025 as DR. MARTIN LUTHER KING, JR. DAY in the City of Monroe and encourage all residents to reflect on his life and vision, and to honor his legacy by participating in meaningful community activities and acts of service that strengthen our shared values of justice, unity, and opportunity for all. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 20t' day of January, 2025. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None B. Black History Month — February 2025. Council Member Franco McGee and Council Member Surluta Anthony requested by memorandum that Council adopt a Proclamation observing February 2025 as Black History Month in the City of Monroe. Council Member Anthony moved to ratify the actions of Council to issue Proclamation P-2025- kw 02: PROCLAMATION OBSERVING BLACK HISTORY MONTH FEBRUARY 2025 P-2025-02 WHEREAS, noted historian, Dr. Carter G. Woodson, announced the second week of February as Negro History Week in 1926 in order to increase public awareness and appreciation of the important role that African -Americans have played in shaping America's history; and WHEREAS, the United States government officially recognized Negro History Week in 1976 as part of the U.S. Bicentennial, expanding it to Black History Month; and WHEREAS, America is a melting pot of cultures and ethnicities; all part of the "Land of the Free." Black History Month fosters cultural awareness and understanding, while encouraging education about contributions made by Americans of color; and WHEREAS, the omission of much of the history and contributions of African -Americans from textbooks and other literature has impeded awareness and appreciation; and WHEREAS, the celebration of Black History Month is a positive way of recognizing the culture and history of African -Americans as vital to the core beliefs and values of this society; and WHEREAS, the contributions of African -Americans have been vital to the growth and development of the City of Monroe. City Council Regular Meeting February 11, 2025 Page 40 A NOW, THEREFORE, the City Council of the City of Monroe, does hereby proclaim and observe February 2025 as BLACK HISTORY MONTH and encourage the local citizenry to participate in activities that foster awareness and appreciation of African -Americans' contributions to shaping the history of Monroe, Union County, North Carolina and America. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the I I I day of February, 2025. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None Item No. 16. Tax Releases for December 2024. Finance Director Lisa Strickland advised by memorandum that the refunds and releases of taxes pursuant to North Carolina General Statute §105-381 for December 2024 totaled $298.13. Ms. Strickland advised that these releases were created by a change or reduction in value for the City of Monroe by the Union County Tax Assessor. She advised that the Union County Board of County Commissioners had previously approved these releases and Staff was now requesting that Council approve the releases. Council Member Anthony moved to approve tax releases for December 2024 in the amount of $298.13. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None Item No. 17. US 74 and Hiahwav 601 Interchange Improvements Proiect Cost for Mechanically Stabilized Earth Wall Enhancements and Sidewalk Betterment. Planning and Development Director Lisa Stiwinter advised by memorandum that the North Carolina Department of Transportation (NCDOT) was advancing plans to improve the interchange at US 74/ Highway 601. Ms. Stiwinter advised that this was a significant infrastructure project designed to improve safety, traffic flow and connectivity. She advised that as part of the interchange improvement project, the inclusion of Mechanically Stabilized Earth (MSE) wall enhancements and increased sidewalk widths had been proposed that would serve to aesthetically enhance the bridge and increase bicycle and pedestrian accessibility in the Concord Avenue area which were direct action items from the Master Plan. Ms. Stiwinter advised that MSE walls were composite structures that were used to create bridge abutments due to strength, durability, cost-effectiveness and design flexibility which made them ideal for infrastructure projects. She advised that the enhancements proposed for this project included textured finishes, colors, naming and medallions. City Council Regular Meeting February 11, 2025 Page 41 A Ms. Stiwinter advised that the proposed MSE wall enhancements and increased sidewalk widths were not included in the original interchange improvement scope and were an independent cost to the City. She advised that the costs for wall enhancements and increased sidewalk widths were provided in coordination with the NCDOT and project consultants. While NCDOT was responsible for base construction, Ms. Stiwinter advised that the City would be held 100% responsible for the full cost of any wall enhancements and additional sidewalks deemed necessary for the project. Ms. Stiwinter advised that the proposed enhancements to the MSE walls included architectural surface treatments, concrete coatings and decorative medallions. She advised that the projected cost for the architectural surface treatments was $90,000, application of concrete coatings was $96,000 and the inclusion of four decorative medallions was $10,000 with a total cost of $225,400. Ms. Stiwinter advised that combined, these improvements covered 6,000 sq. ft. of wall surface and provided both structural durability and aesthetic value. She advised that the total estimated cost of $225,400 would be fully funded by the Concord Avenue Revitalization Project funds. Ms. Stiwinter advised that Council previously approved betterment costs associated with increased sidewalk widths along the project in the amount of $252,980 in September of 2017. She advised that those costs have now been updated in accordance with NCDOT's Complete Streets Policy that was in effect when the environmental document was signed. Ms. Stiwinter advised that the Policy required the municipality to cost share 30% of the first five ft. of sidewalk on the north side of the roadway. She advised that per the previous Council approval, the City was then responsible for 100% of the remaining three ft. of sidewalk width on the north side and the eight ft. wide sidewalk on the south side. Ms. Stiwinter advised that this total cost was now estimated at $565,220.50. She advised that the sidewalk construction was Powell Bill eligible and sufficient Powell Bill Reserve Funds were available to cover the City's share of the costs. Ms. Stiwinter advised that this matter was presented to the Public Enterprise Committee on February 4, 2025. She advised that it was the recommendation of the Public Enterprise Committee and Staff that Council approve the inclusion of the MSE Wall enhancements and increased sidewalk widths for the US 74/Highway 601 Interchange Improvement (U-5723) Project. Ms. Stiwinter advised that the MSE wall enhancement costs were estimated at $225,400 to be funded by the Concord Avenue Revitalization Project funds and the sidewalk betterment cost was $565,220.50 to be funded by the Powell Bill Reserve Funds. She advised that a formal agreement would be provided at a later date by NCDOT for approval. Council Member Anthony moved to approve the inclusion of the MSE Wall enhancements and increased sidewalk widths for the US 74/Highway 601 Interchange Improvement (U-5723) Project. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None City Council Regular Meeting February 11, 2025 Page 42 Item No. 18. Wastewater Treatment Plant Chlorine Contact Basin Rehabilitation and CAW Secondary Clarifier Assessment Proiect. Energy Services and Water Resources General Manager Rob Miller advised by memorandum that the Water Resources Department requested Statements of Qualifications (SOQ) from qualified engineering consultants to provide professional engineering services for the rehabilitation of facilities at the Wastewater Treatment Plant (WWTP). Mr. Miller advised that the project would include coating of the chlorine contact basin and an assessment of a secondary clarifier with recommendation(s) for rehabilitation. He advised that three firms submitted a SOQ and Hazen and Sawyer was selected based on qualifications. Mr. Miller advised that hourly not to exceed contract was negotiated with Hazen and Sawyer for $201,910. He advised that sufficient funds were available in the WWTP Capitalized Infrastructure Budget. Mr. Miller advised that this matter was presented to the Public Enterprise Committee on February 4, 2025. He advised that it was the recommendation of the Public Enterprise Committee and Staff that Council award the professional engineering services contract for rehabilitation of facilities at the WWTP to Hazen and Sawyer hourly not to exceed the amount of $201,910 and authorize the City Manager to execute any and all necessary documents. A. Award Professional Engineering Services Contract to Hazen and Sawyer. Council Member Anthony moved to award the professional engineering services contract for rehabilitation of facilities at the WWTP to Hazen and Sawyer hourly not to exceed the amount of $201,910. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None B. City Mana;_er to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the professional engineering services contract with Hazen and Sawyer for rehabilitation of facilities at the WWTP. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None RECOGNITION Item No. 19. Public Comment Period. The following individuals spoke during the Public Comment Period: Wayne Blanton; Michelle Ball; Crystal Durham; Steven Stegall; and, Nathan Broughton. PUBLIC HEARINGS 21 City Council Regular Meeting February 11, 2025 Page 43 Item No. 20. Request to Table Public Hearing and Action for Level IV Economic Development Incentive Grant to Confidential Company for Project Nickel to City Council Regular Meeting of March 11,2025 Without Further Advertising. Energy Services and Water 'Resources General Manager Rob Miller requested that this item be tabled to the City Council Regular Meeting of March 11, 2025 without further advertising. Council Member Kerr moved to table this matter to the City Council Regular Meeting of March 11, 2025 without further advertising. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 21. Request to Table Public Hearing and Action for Downtown Murals to City Council Regular Meeting of April 8, 2025 Without Further Advertising. Assistant City Manager Lisa Hollowell requested that this item be tabled to the City Council Regular Meeting of April 8, 2025 without further advertising. Council Member Anthony moved to table this matter to the City Council Regular Meeting of March 11, 2025 without further advertising. Council Member Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr,McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 22. Downtown Economic Development PRONTO Incentive Grant to Casilen Gonzalez for Murphy's on Main. A. Public Hearing. Mayor Burns opened the duly advertised public hearing. Downtown Manager Donna O'Keefe advised that Cassi Gonzales has entered into a lease agreement with Peter Karim of Old Town Holding, LLC for a retail space at 108 N. Main Street which was located within Downtown Monroe's Central Business District. Ms. O'Keefe advised that Ms. Gonzales would be opening a new business known as Murphy's on Main, a retail mercantile and general store. Ms. O'Keefe advised that this matter was presented to the Downtown Advisory Board on December 16, 2024. She advised that it was the recommendation of the Downtown Advisory Board and Staff that Council adopt a Resolution awarding an$8,700 PRONTO Incentive Grant to Murphy's on Main and authorizing the Mayor to execute the necessary documents and approve an Incentive Agreement. There being no other speakers, Mayor Burns closed the public hearing. rl City Council Regular Meeting February 11,2025 Page 44 B. Action — Resolution Awarding Incentive Aureement. Mayor Pro Tem Dotson moved to adopt Resolution R-2025-07: RESOLUTION OF MONROE CITY COUNCIL AWARDING DOWNTOWN INCENTIVE GRANT TO MURPHY'S ON MAIN R-2025-07 WHEREAS, the City of Monroe has adopted a Downtown Incentive Grants Program, hereinafter "Program"; and, WHEREAS, Murphy's on Main, has duly applied for a Downtown Economic Development PRONTO Incentive Grant under said program; and, WHEREAS, a public hearing was conducted by the City Council on February 11, 2025 at which hearing testimony was given by Donna O'Keefe, Manager, Downtown Monroe for the City of Monroe; and, WHEREAS, the City Council makes the following findings with respect to said application: 1. One Hundred Eight (108) N. Main is approximately 2,900 square feet and within the Downtown Monroe Master Plan area. 2. The applicant proposes a retail business at street level in accordance with the Downtown Master Plan. 3. The renovations and improvements as proposed will have a significant effect on revitalization of the City's Central Business District as indicated in the Downtown Master Plan. 4. That the applicant meets all other applicable requirements of the Program set forth by the City Council. 5. The renovations and improvements to the above described property as proposed will (a) stimulate the local economy, (b) promote business, and (c) result in creation of job(s) that pay at or above the median wage. WHEREAS, based on the above findings and other documentation in the file the City Council concludes that the applicant qualifies for the Program for an amount not to exceed $8,700.00 with funds available over a one-year period. With qualification for the incentive established and the economic benefits accrued to the City in the form of new employment, increased tax base and property value and increased City utility revenues, the grants' application should be approved subject to compliance with the Program and subject to appropriation; and, WHEREAS, the City of Monroe and Murphy's on Main seek to enter into an Economic Incentive Agreement under the terms and conditions stated therein. NOW, THEREFORE, BE IT RESOLVED THAT the incentive application of Murphy's on Main for Downtown Economic Development PRONTO Incentive Grant is hereby approved pursuant to the terms and conditions set out in the attached Incentive Agreement, the Incentive Agreement with Murphy's on Main is approved and the Mayor and other staff as necessary are authorized to execute any and all documents and instruments necessary to carry out said approval. The appropriate of any funds is reserved for future action consistent with the terms of the Incentive Agreement. City Council Regular Meeting February 11, 2025 Page 45 Adopted this 111 day of February, 2025. Council Member Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None C. Action — Incentive Agreement. Mayor Pro Tern Dotson moved to approve the Incentive Agreement with Murphy's on Main: INCENTIVE AGREEMENT This INCENTIVE AGREEMENT made and entered this I Ith day of February 2025 between Murphy's on Main (the "Company") and the CITY OF MONROE (the "City"). WHEREAS, The North Carolina General Statute 158-7.1 and 16013-1315 authorizes a municipality to undertake an economic development project by extending assistance to a company as an incentive to cause the company to renovate and rehabilitate a downtown historic structure thereby expanding the tax base of the City and providing jobs for its citizens; and WHEREAS, the Monroe City Council adopted a Downtown Incentive Grants Program to provide such assistance as an incentive for new investments in the downtown, City of Monroe; and WHEREAS, City Council adopted a Downtown Master Plan which calls for increased investment and private development in Downtown Monroe; and WHEREAS, the Downtown Master Plan identified and emphasized the importance of developing restaurant and retail for increased downtown development; and WHEREAS, the Company plans to make certain improvements and renovations at 108 N. Main Street for retail use; and WHEREAS, the Company intends to use preservation/rehabilitation as an economic development tool by its expansion and anticipates creating new job(s); and WHEREAS, such business expansion qualifies for assistance through the Downtown Incentive Grants Program by the City, and the City Council of the City of Monroe, after public hearing, approved granting up to $8,700 (Eight Thousand Seven Hundred Dollars) to the Company as rent subsidy under the terms and conditions stated herein based on the qualifying investment of the Company; and WHEREAS, the Company and the City enter into this agreement to describe the incentives to be provided by the City in connection with the Company's investments and renovation in the City's downtown central business district. NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants contained in this agreement, the parties agree as follows: 1. Capital Investments: Up -fit improvements and new investment shall be made to the Property as described herein. The Company shall provide the City with all necessary documentation and access City Council Regular Meeting February 11, 2025 Page 46 to the Property to inspect improvements necessary to confirm compliance by the Company prior to the City's advance of grant funds at completion of construction. 2. City Grants: The City agrees to grant to the Company up to $8,700 rent subsidy over a one (1) year period (payable quarterly) upon completion of rehabilitation, renovations, and improvements pursuant to the plans submitted to the City. 3. Limitations: The grant is subject to the Company meeting the minimum qualifications required by the City of Monroe Downtown Incentive Grants Program (the terms of which are incorporated herein by reference) and upon the terms and conditions set out in attached Exhibit A which are incorporated as if fully set out herein. 4. Assignments: No party shall sell or assign any interest in or obligation under this Agreement without the prior expressed written consent of all the parties, no reasonable approval withheld. 5. E-Verify Requirement. The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if the Contractor utilizes a subcontractor, the Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Limitation of Obligation by the City: NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE CITY WITHIN THE MEANING OF ANY CONSTIITUTIONAL DEBT LIMITATION. No provision of this Agreement shall be construed or interpreted neither as delegating governmental powers nor as a donation or the lending of the credit of the City within the meaning of the North Carolina constitution. This Agreement shall not directly or indirectly or contingently obligate the City to make any payments beyond those appropriated in the City's sole discretion for any fiscal year in which this Agreement shall be in effect. No provision of this agreement shall be construed to pledge or create a lien on any class or source of the City's moneys, nor shall any provision of this Agreement restrict to any extent prohibited by law, any action or right of action on the part of any future City governing body. To the extent of any conflict between this paragraph and any other provision of this Agreement, this paragraph shall take priority. 7. Miscellaneous: a. This Agreement shall be governed by and interpreted by the laws of the State of North Carolina. b. Nothing contained in this Agreement shall be deemed or construed so as to in any way estop, limit, or impair the City from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions. C. Any Communication required or permitted by this Agreement must be in writing and shall be deemed given when delivered by hand for mailing first-class mail, postage paid, and addressed as follows: If to the Company: Murphy's on Main 108 N. Main Street Monroe, NC 28112 If to the City: City of Monroe PO Box 69 Monroe, NC 28111-0069 City Council Regular Meeting February 11, 2025 Page 47 Attn: Donna O'Keefe, Downtown Manager d. If any provision of this Agreement shall be determined to be unenforceable, that provision shall be severable and shall not affect any other provisions of this Agreement. e. This Agreement constitutes the entire agreement between the parties, and this Agreement shall not be changed or modified except in writing signed by all the parties. f. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable be the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written. EXHIBIT A l . The Company shall renovate, rehabilitate and improve the Property consistent with the terms of this Agreement. 2. The Company shall comply with all State, Federal, and local laws, regulations, ordinances and permits in carrying out the purpose of this Agreement and shall during the term of this Agreement remain in good standing with the City. 3. Prior to initiation of rehabilitation and improvements, the Company shall submit all plans for renovations and improvements for review and approval by the City, reasonable approval not withheld. 4. The Company shall meet or exceed the minimum matching investment requirements as outlined in the grant. Proof of expenditure(s) is required as outlined in the grant prior to payment. Council Member Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 23. Downtown Economic Development PRONTO Incentive Grant and Downtown Economic Development Residential Incentive Grant to James Scott Purdy for Presson Building and Art Gallery Located at 113/115 S. Main Street. A. Public Hearing. Mayor Burns opened the duly advertised public hearing. Downtown Manager Donna O'Keefe advised that this was the consideration of a PRONTO Downtown Economic Development Incentive Grant and a Development Incentive Grant (DIG) for 113/115 S. Main Street to the owner, James Scott Purdy. Ms. O'Keefe advised that Mr. Purdy had made a significant investment in repairs, replacements and improvements of the Presson Building. Ms. O'Keefe advised that the PRONTO Grant was the outfit assistant portion in the full amount of $8,970 and was based on 2,990 sq. ft. and retail space on the first floor of the building. She advised that while this request was outside of the current policy, Staff and the Downtown Advisory City Council Regular Meeting February 11, 2025 Page 48 A Board requested the approval of the full payment amount because the current Incentive Grants were being reviewed and rewritten. Ms. O'Keefe advised that the Development Incentive Grant award was being recommended for $37,262.58 which was 2% of the total investment in the property. She advised that consistent with the program's guidelines, the Downtown Advisory Board and Staff recommend a payment of $37,262.58 be awarded in full. Ms. O'Keefe advised that like the PRONTO Grant, this request was outside of the current policy which Staff was currently reviewing and would be requesting revisions at a later time. In conclusion, Ms. O'Keefe advised that this matter was presented to the Downtown Advisory Board on December 16, 2024. She advised that it was the recommendation of the Downtown Advisory Board and Staff that Council adopt a Resolution awarding a PRONTO and DIG Incentive Grants for 113/115 S. Main Street and authorizing the Mayor to execute the necessary documents and approve an Incentive Agreement. Council Member Anthony inquired when the revised Incentive Grant Policies would be amended. Ms. O'Keefe advised that the amendments would be presented to the Downtown Advisory Board in March and the plan was to bring them to Council for approval in April 2025. Council Member Anthony inquired if there were other grants that would be outside of the present policy. Ms. O'Keefe advised that there were a couple of rent subsidy grants that would be coming through, but not development incentive grants. Council Member Kerr inquired what the total investment was. Ms. O'Keefe advised that the total investment was a little over $1.8 million. Mayor Burns inquired if there were any outstanding grants on this project. Ms. O'Keefe confirmed that there would be a Residential Incentive Grant request. She advised that the applicant was awaiting receipt of their tax appraisal. Mayor Burns inquired if the $1.8 million was only investment for the downstairs area. Ms. O'Keefe advised that the grant was written for the building. There being no other speakers, Mayor Burns closed the public hearing. B. Action — Resolution Awarding Incentive Agreement. Council Member Anthony moved to adopt Resolution R-2025-08: City Council Regular Meeting February 11, 2025 Page 49 RESOLUTION OF MONROE CITY COUNCIL AWARDING DOWNTOWN INCENTIVES TO JAMES SCOTT PURDY, OWNER OF PRESSON BUILDING AND ART GALLERY R-2025-08 WHEREAS, the City of Monroe has adopted a Downtown Incentive Grants Program, hereinafter "Program"; and, WHEREAS, James Scott Purdy, Owner Presson Building and Art Gallery, has duly applied for a PRONTO Incentive Grant and a Development Incentive Grant Downtown Incentive Grants for 113/115 S. Main Street under said program; and, WHEREAS, a public hearing was conducted by the City Council on February 11, 2025, at which hearing testimony was given by Donna O'Keefe, Manager, Downtown Monroe for the City of Monroe; and, WHEREAS, the City Council makes the following findings with respect to said application: 1. One Hundred Thirteen (113)/1 l 5 S. Main Street is approximately 2,990 square feet of retail space and 3089 square feet of residential space and within the Downtown Monroe Master Plan area. 2. The applicant proposes a retail art gallery at street level and second floor residential units in accordance with the Downtown Master Plan. 3. The renovations and improvements as proposed will have a significant effect on revitalization of the City's Central Business District as indicated in the Downtown Master Plan. 4. That the applicant meets all other applicable requirements of the Program set forth by the City Council. 5. The renovations and improvements to the above described property as proposed will (a) stimulate the local economy, (b) promote business, and (c) result in creation of job(s) that pay at or above the median wage. WHEREAS, based on the above findings and other documentation in the file the City Council concludes that the applicant qualifies for the Program for an amount not to exceed $46,232.58. With qualification for the incentive established and the economic benefits accrued to the City in the form of new employment, increased tax base and property value and increased City utility revenues, the grants' application should be approved subject to compliance with the Program and subject to appropriation; and, WHEREAS, the City of Monroe and James Scott Purdy, owner Presson Building and Art Gallery seek to enter into an Economic Incentive Agreement under the terms and conditions stated therein. NOW, THEREFORE, BE IT RESOLVED THAT the incentive application of James Scott Purdy, owner, Presson Building and Art Gallery for Downtown Incentive Grants Program is hereby approved pursuant to the terms and conditions set out in the attached Incentive Agreement, the Incentive Agreement with James Scott Purdy, owner Presson Building and Art Gallery is approved and the Mayor and other staff as necessary are authorized to execute any and all documents and instruments necessary to carry out said approval. The appropriate of any funds is reserved for future action consistent with the terms of the Incentive Agreement. City Council Regular Meeting February 11, 2025 Page 50 Adopted this 1 I" day of February, 2025. Council Member McGee seconded the motion, which passed with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson and Mayor Burns NAYS: Mayor Pro Tern Dotson C. Action — Incentive Agreement. Council Member Anthony moved to approve the Incentive Agreement with Scott Purdy for 113/115 S. Main Street: INCENTIVE AGREEMENT This INCENTIVE AGREEMENT made and entered this I I" Day of February, 2025 between James Scott Purdy, owner of the Presson Building and Art Gallery (the "Company") and the CITY OF MONROE (the "City"). WHEREAS, The North Carolina General Statute 158-7.1 and 160A-458.3 authorizes a municipality to undertake an economic development project by extending assistance to a company as an incentive to cause the company to renovate and rehabilitate a downtown historic structure thereby expanding the tax base of the City and providing jobs for its citizens; and WHEREAS, the Monroe City Council adopted a Downtown Incentive Grants Program to provide such assistance as an incentive for new investments in the downtown, City of Monroe; and WHEREAS, City Council adopted a Downtown Master Plan which calls for increased investment and private development in Downtown Monroe; and WHEREAS, the Downtown Master Plan identified and emphasized the importance of developing restaurant and retail for increased downtown development; and WHEREAS, the Company plans to make certain improvements and renovations at 113/115 S. Main Street for retail and residential service use; and WHEREAS, the Company intends to use preservation/rehabilitation as an economic development tool by its expansion and anticipates creating new job(s); and WHEREAS, such business expansion qualifies for assistance through the Downtown Incentive PRONTO Grant and Development Incentive Grant Programs by the City, and the City Council of the City of Monroe, after public hearing, approved granting up to $46,232.58 (Forty Six Thousand Two Hundred Thirty Two Dollars and Fifty Eight Cents) to the Company as up -fit subsidy under the terms and conditions stated herein based on the qualifying investment of the Company; and WHEREAS, the Company and the City enter into this agreement to describe the incentives to be provided by the City in connection with the Company's investments and renovation in the City's downtown central business district. NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants contained in this agreement, the parties agree as follows: 1. Capital Investments: Up -fit improvements and new investment shall be made to the Property as described herein. The Company shall provide the City with all necessary documentation and access City Council Regular Meeting February 11, 2025 Page 51 to the Property to inspect improvements necessary to confirm compliance by the Company prior to the City's advance of grant funds at completion of construction. 2. City Grant: The City agrees to grant to the Company up to $8,970 PRONTO up -fit subsidy and $37,262.58 in Development Incentive Grant awarded in full upon completion of rehabilitation, renovations, and improvements pursuant to the plans submitted to the City. 3. Limitations: The grant is subject to the Company meeting the minimum qualifications required by the City of Monroe Downtown Incentive Grants Program (the terms of which are incorporated herein by reference) and upon the terms and conditions set out in attached Exhibit A which are incorporated as if fully set out herein. 4. Assignments: No party shall sell or assign any interest in or obligation under this Agreement without the prior expressed written consent of all the parties, no reasonable approval withheld. 5. E-Verify Requirement. The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if the Contractor utilizes a subcontractor, the Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Limitation of Obligation by the City: NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE CITY WITHIN THE MEANING OF ANY CONSTIITUTIONAL DEBT LIMITATION. No provision of this Agreement shall be construed or interpreted neither as delegating governmental powers nor as a donation or the lending of the credit of the City within the meaning of the North Carolina constitution. This Agreement shall not directly or indirectly or contingently obligate the City to make any payments beyond those appropriated in the City's sole discretion for any fiscal year in which this Agreement shall be in effect. No provision of this agreement shall be construed to pledge or create a lien on any class or source of the City's moneys, nor shall any provision of this Agreement restrict to any extent prohibited by law, any action or right of action on the part of any future City governing body. To the extent of any conflict between this paragraph and any other provision of this Agreement, this paragraph shall take priority. 7. Miscellaneous: a. This Agreement shall be governed by and interpreted by the laws of the State of North Carolina. Nothing contained in this Agreement shall be deemed or construed so as to in any way estop, limit, or impair the City from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions. C. Any Communication required or permitted by this Agreement must be in writing and shall be deemed given when delivered by hand for mailing first-class mail, postage paid, and addressed as follows: If to the Company: James Scott Purdy, owner Presson Building and Art Gallery 113/115 S. Main Street Monroe, NC 28112 If to the City: City of Monroe PO Box 69 Monroe, NC 281 l 1-0069 City Council Regular Meeting February 11, 2025 Page 52 A Attn: Donna O'Keefe, Downtown Manager d. If any provision of this Agreement shall be determined to be unenforceable, that provision shall be severable and shall not affect any other provisions of this Agreement. This Agreement constitutes the entire agreement between the parties, and this Agreement shall not be changed or modified except in writing signed by all the parties. f. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable be the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written. Council Member McGee seconded the motion, which passed with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson and Mayor Burns NAYS: Mayor Pro Tern Dotson Item No. 24. Declaring Property Located at 112 S. College Street Unfit for Human Habitation and Order Dwelling be Repaired, Altered, Improved or Demolished. A. Public Hearing. Mayor Burns opened the duly advertised public hearing. City Attorney Long swore in the following individuals who planned to give testimony: Planning and Development Director Lisa Stiwinter; and, Nancy Simmons. Ms. Stiwinter advised that on July 18, 2024, a Minimum Housing Petition was filed for 112 S. College Street by the Code Enforcement Officer due to citizen concerns. Ms. Stiwinter advised that the site was approximately 1.13 acres and currently contained an existing 2,605 single-family sq. ft. single family dwelling that is currently vacant. The dwelling is a one story, craftsman -style house that was originally built in 1914 and was located in the South Monroe Historic District. Due to the complaints received, Ms. Stiwinter advised that a minimum housing inspection was conducted on July 16, 2024 with the following violations discovered: broken windows throughout house; failing roof, rotten siding and fascia boards; trash and debris throughout house; missing walls, ceiling/dry wall and insulation throughout house; missing electric and wiring throughout house; missing floors/joist throughout house; missing interior stairs; missing plumbing throughout house; and, missing brick in foundation. Ms. Stiwinter advised that the dwelling had been vacant and in a state of disrepair for an extended time period. She advised that the current owner, Nancy Carol Hare, was notified and attended the minimum housing hearing scheduled for August 13, 2024. Ms. Stiwinter advised that a copy of the notice was also posted on the dwelling. City Council Regular Meeting February 11, 2025 Page 53 Ms. Stiwinter advised that the findings of the hearing indicated that the dwelling was determined to be dilapidated, unfit for human habitation and ordered to be repaired or demolished within 90 days (December 9, 2024) due to the unsafe condition of the dwelling. She advised that a copy of the findings of facts and order were mailed by first class, certified mail, recorded with the Union County Register of Deed's Office and posted on the property. Ms. Stiwinter advised that the finding of facts and order entered on September 10, 2024 was not appealed, and the time for appeal expired on September 23, 2024. Ms. Stiwinter advised that according to North Carolina General Statute and Chapter 153 of the Code of Ordinances titled Minimum Housing Standards, if the repair, alteration, improvement of the dwelling could be made at a reasonable cost of less than 50% of the value of the dwelling, the order shall require the owner, within the time specified in the order, to remove or demolish such dwelling. She advised that the value of the dwelling was $69,800 and the land value was $19,400. Ms. Stiwinter advised that D.A.P. Contracting, Inc., a licensed general contractor, provided the City an estimate to repair the home in the amount of $88,378.50, which was greater than 50% of the value of the dwelling. Ms. Stiwinter advised that it was the recommendation of Staff that Council declare the property unfit for human habitation and adopt a Demolition Ordinance. She advised that if demolished, the cost of the demolition would become a lien on the property. Ms. Stiwinter advised that should Council adopt a demolition Ordinance, Staff would move forward with applying for a Certificate of Appropriateness through the Historic District Commission due to the home being located in the South Monroe Historic District. She advised that the Historic District Commission could either adopt an Ordinance to demolish the structure or they could choose to delay the demolition up to 365 days advising that the purpose was to develop alternatives to try and preserve the structure. Ms. Nancy Simmons, property owner, explained her inability to repair the property. Ms. Simmons advised that she had also spoken with contractors about repairs and potential costs. She advised that she supported the request to demolish the dwelling. There being no other speakers, Mayor Burns closed the public hearing. B. Action — Ordinance Declaring Property Unfit for Human Habitation and Ordering Dwelling be Repaired or Demolished and Removed. Mayor Pro Tern Dotson moved to adopt Ordinance 0-2025-08: ORDINANCE OF MONROE CITY COUNCIL TO DECLARE PROPERTY OF NANCY CAROL HARE AT 112 S COLLEGE STREET, MONROE, NORTH CAROLINA UNFIT FOR HUMAN HABITATION AND ORDER DWELLING REPAIRED OR DEMOLISHED AND REMOVED 0-2025-08 This matter comes before the City Council on the petition of a Code Enforcement Official for an ordinance finding a structure located on the herein described property unfit for human habitation and ordering the structure repaired or demolished in order to effectuate the purpose of Chapter 16013, Article ` 12 of the North Carolina General Statues with respect to the property hereinafter described. City Council Regular Meeting February 11, 2025 Page 54 Council hereby makes and enters the following FINDINGS OF FACT: 1. The dwelling, dwelling unit or abandoned structure located at 112 S College Street, Monroe, North Carolina is owned by and being the property of Nancy Carol Hare, described by deed recorded on April 18, 1996 in Book 888, page 595, Union Public Registry, and identified as Tax Parcel Number 09-232-185. 2. The subject property is located in the South Monroe Historic District and is currently vacant. Based upon an inspection of the subject property referenced above, the following violations of the Minimum Housing Ordinances were found: broken windows throughout house; failing roof, rotten siding and fascia board; trash and debris throughout house; missing walls & ceiling/dry wall and insulation throughout house; missing electric and wiring throughout house, missing floors/joist throughout house; missing interior stairs; missing plumbing throughout house; and missing brick in foundation. A Minimum Housing Complaint and Notice of Hearing was issued by the Code Enforcement Officer on July 24, 2024 setting a hearing date regarding the dwelling, dwelling unit or abandoned structure for 9:30 am on August 13, 2024. 5. Nancy Carol Hare and being parties in interest were duly served with a Complaint and Notice of Hearing by regular and certified mail, return receipt, with a copy posted on the dwelling, sent on July 24, 2024. 6. The Code Enforcement Officer held and conducted the Minimum Housing Code Enforcement Hearing on August 13, 2024 at 9:30 a.m. at which Nancy Carol Hare attended. 7. As a result of the hearing, the Code Enforcement Officer made and entered an Order finding said dwelling, dwelling unit or abandoned structure to be in violation of the Minimum Housing Code, determined the property to be in a dilapidated condition as defined in Section 153.03 of the Monroe Code of Ordinances, and ordered Nancy Carol Hare to repair or demolish and remove the dwelling by December 9, 2024 due to the unsafe condition of the dwelling. 8. The dwelling located at 112 S College Street has a tax value of $69,800 and the repairs necessary to bring the house into compliance with the State building code are estimated at $88,378.50, which exceed 50% of the value. 9. The Order entered by the Code Enforcement Officer was duly served to Nancy Carol Hare and parties of interests by regular and certified mail return receipt, with a copy posted on the dwelling. 10. The Order of the Code Enforcement Officer, entered on September 10, 2024 ordering Nancy Carol Hare to repair or demolish and remove said structure was not appealed and the time for appeal has expired, and it is found to be correct and proper and is therefore ratified and incorporated herein by reference. 11. The structure located on the property described herein is and continues to be out of compliance with the Order and unfit for human habitation. NOW, THEREFORE, BE IT ORDAINED THE CODE ENFORCEMENT OFFICER IS HEREBY ORDERED AS FOLLOWS: City Council Regular Meeting February 11, 2025 Page 55 1. The Code Enforcement Officer is hereby ordered to cause the above structure located at 112 S College Street, Monroe North Carolina, to be demolished and removed and is authorized to utilize all other statutory means of enforcing the Order and this Ordinance including but not limited to the remedies set out in N.C.G.S. §160A-175(e) and (f) and N.C.G.S. § 1 60D-1 203(4) and (5). 2. The cost associated with demolition and removal of the structure to effectuate the purpose of this Ordinance shall be a lien against the property as provided in N.C.G.S. §160D-1203(7) and filed with the City of Monroe Tax Collector. 3. All personal property, fixtures, and salvageable materials remaining in the dwelling shall be disposed of and any funds derived there from shall be used in conformity with N.C.G.S. § 160D-1203(7). 4. This Ordinance shall be recorded in the Office of the Register of Deeds for Union County and indexed in the grantor index under the property owner's name. 5. This Ordinance shall be effective from and after the date of its adoption. Adopted this 1It' day of February 2025. Council Member Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 25. Declaring Property Located at 205 E. Phifer Street Unfit for Human Habitation and Order Dwelling be Repaired, Altered, Improved or Demolished. A. Public Hearing. Mayor Burns opened the duly advertised public hearing. City Attorney Long swore in the following individuals who planned to give testimony: Planning and Development Assistant Director Doug Britt; Code Enforcement Officer Il Vernon Cathcart; and, Toan Ngo; Jeney Hoang; and, Willie Bowser. Mr. Britt advised that on May 9, 2024, a Minimum Housing Petition was filed for 205 E. Phifer Street by the Code Enforcement Officer due to citizen concerns. He advised that the site currently contained a 1,953 sq. ft. one-story frame house that was built in 1946. Mr. Britt advised that the home had been vacant since 2015. Mr. Britt advised that a minimum housing inspection was conducted on July 22, 2024 and the following violations were discovered: missing insulation throughout the home; drywall missing on the walls and ceilings; missing/broken windows throughout the house; holes in the floor; electrical service panel(s) needing replacement and some of the wiring; failing roof in certain places; heating required to be provided throughout the house; and, there was not at least one working bathroom. Mr. Britt advised that all parties of interest were notified of the minimum housing hearing scheduled for August 13, 2024. He advised that the property owner did attend the hearing. Mr. City Council Regular Meeting February 11, 2025 Page 56 Britt advised that the findings of the hearing indicated that the dwelling was in violation of the taw Minimum Housing Ordinance and determined the dwelling to be unfit for human habitation, dilapidated condition and ordered the property to be repaired or demolished within 90 days due to the unsafe condition of the dwelling. He advised that the 90-day period was up on December 9, 2024 and there were no repairs made to the home or permits issued. Mr. Britt advised that the findings of fact were mailed to all parties of interest by first class and certified mail and the findings were also posted on the dwelling stating all violations of the Minimum Housing Ordinance and ordering the repair or demolition within ninety 90 days. He advised that during the 90 days, the parties of interest had been actively working to sell the property and Staff had received inquiries of interest in the property as well. IR Due to the condition of the structure and the adverse impact it has on the area, Mr. Britt advised that it was the recommendation of Staff that the structure be repaired, altered, improved or demolished and removed. He advised that a lien would be placed the property to collect the cost of the demolition upon any sale of the property. Mr. Britt advised that the value of the dwelling was $34,700 and the land value was $102,400. He advised that licensed general contractor D.A.P. Contracting, Inc. provided the City an estimate in the amount of $74,280.10 to repair the home. He advised that according to the Minimum Housing Ordinance and State Statute, if the repair costs were greater than 50% of the value of the dwelling, Council could adopt an Ordinance declaring the property unfit for human habitation and demolition. Due to the condition of the structure and the adverse impact it had on the area, Mr. Britt advised that Staff recommended that Council declare the property unfit for human habitation and adopt a demolition Ordinance. He advised that if the dwelling was demolished, a lien would go on the property for the cost of the demolition and that would be paid when the property was sold. Mr. Britt advised that Staff received an inquiry about purchasing the home for a hair salon and an inquiry about using the home for a daycare. Mayor Burns inquired how long the property owner had been advised to repair the property. Mr. Britt advised that Staff mailed the property owner a courtesy letter on May 9, 2024 advising of the issue. Mr. Willie Bowser advised that he had a contract with the property owners to purchase the property at 205 E. Phifer Street and they were working towards a March closing date. Mr. Bowser shared that he was interested in purchasing the home and converting it into a daycare. He advised that he had secured the funding for the project and requested that Council deny the request to demolish the home. Ms. Jeney Hoang, representing her client Toan Ngo, advised that that they had been working to sell the home before being notified on any violation. Ms. Hoang advised that they had been under contract three different times but the buyers backed out of the agreement. She advised that they now had a contract with Mr. Bowser to purchase the property and opposed the demolition. City Council Regular Meeting February 11, 2025 Page 57 Mr. Bowser advised that the closing date was scheduled for March 28, 2025. There being no other speakers, Mayor Burns closed the public hearing. B. Action — Tabled to April 8, 2025. Council Member Anthony moved to table action on this matter to the City Council Regular Meeting of April 8, 2025 to allow the applicant and the buyer to complete the closing. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None Item No. 26. Zoning Map Amendment Request to Rezone Property Located at 1410 E. Franklin Street from Office Medical to Conditional Office. A. Public Hearing. Mayor Burns opened the duly advertised public hearing. Senior Planner Keri Mendler advised that this was a zoning map amendment by KSK Properties, LLC to rezone the property located at 1410 E. Franklin Street (Tax Parcel # 09-157-004) from Office Medical (OM) to Conditional Office. Ms. Mendler advised that the proposed tenant was McLeod Centers who was looking to relocate from their current facility on Highway 74 between Zaxby's and the Solar Shine Car Wash. She advised that the purpose of the rezoning was to utilize the property for a rehabilitative clinic and retain other OM uses. Ms. Mendler advised that rehabilitative clinics were licensed facilities that provided care and treatment for psychiatric, alcohol and/or drug dependency problems. Ms. Mendler advised that in February 2024, Council adopted a text amendment that modified the requirements for rehabilitative clinics. She advised that the Ordinance required that rehabilitative clinics were to be located at least 500 ft. from existing rehabilitative clinics and single-family residential zoning districts. Ms. Mendler advised that this site was located adjacent to an existing facility which offered similar rehabilitative services (Daymark Recovery Services). She advised that this site was located within 174 ft. of a single-family residential zoning district. Ms. Mendler advised that the applicant was requesting a deviation to the 500 ft. distance requirements as part of the rezoning. Ms. Mendler advised that the Ordinance required a minimum of ten parking spaces for a rehabilitative clinic. She advised that the property had an existing paved parking lot with parking in the front and rear of the sire for a total of 22 parking spaces. Ms. Mendler advised that the site had existing large trees along Franklin Street; however, no additional landscaping was required or proposed. Ms. Mendler advised that the Land Development Plan indicated this area was Traditional Development. She advised that the Traditional Development surrounded the Downtown core and was anchored by the City's most historic neighborhoods. Ms. Mendler advised that the dense transportation network offered easy access to Downtown. She advised that office and medical City Council Regular Meeting February 11, 2025 Page 58 uses were listed as priority uses in this character area. Ms. Mendler advised that while the proposed use was consistent with the Land Development Plan due to the office medical use, the location did not meet the Ordinance requirements as outlined earlier. She advised that Staff believed that the rezoning for a rehabilitative clinic at this location was reasonable due to its close proximity to the hospital and partners adjacent to the site. Ms. Mendler advised that Staff recommended approval of the rezoning but the Planning Board recommended denial with a 4-2 vote. Council Member Anthony inquired if the clinic would be a methadone clinic. Ms. Mender advised that the facility was a rehabilitative clinic that could provide care, treatment of psychiatric, alcohol and/or drug dependency problems. She deferred to the applicant to provide more information on their services. McLeod Centers CEO Christine Zazzaro advised that the facility had been serving the community for 20 years in an -outpatient capacity. Ms. Zazzaro advised that 55 years ago, a Charlotte pediatrician, Dr. Jonnie McLeod, founded a counseling center to support those struggling with substance use disorder. She advised that today, they still champion her belief that individuals struggling with substance use disorder should always be treated with dignity and respect and with no regard to their ability to pay. Ms. Zazzaro advised that the facility provided many different levels of care in their clinics from residential care to outpatient services. She advised that they were not Bright View who was a national, for -profit organization. Ms. Zazzaro advised that McLeod was a local, North Carolina community provider. Ms. Zazzaro advised that McLeod was asking for approval to move across from Atrium Union. She advised that this was strategic as it ensured close collaboration with medical professionals, enhanced accessibility for patients and reduced barriers to care. Ms. Zazzaro advised that by supporting the move to this new location around other healthcare services, Monroe was endorsing a compassionate approach to healthcare that saved lives and strengthened the community. Ms. Zazzaro advised that the services and medication that McLeod provided to patients were not just treatments, they were lifesaving tools. She advised that much like insulin for diabetes or medication for hypertension, individuals with substance use disorders required medications to stabilize their lives and overcome addictions. Ms. Zazzaro advised that their treatments were evidence based, FDA approved and backed by decades of research. She advised that they empowered individuals on their path to recovery, fostering hope and resilience. Ms. Zazzaro urged Council to approve this initiative and allow McLeod to continue to do the good work they had been doing for 20 years in the new location near the hospital. Ms. Zazzaro advised that Daymark Recovery Services was located beside of McLeod. She advised that they were a partner of McLeod who did totally different services. Ms. Zazzaro advised that she felt that this was probably the intention of the restriction of the 500 ft. requirement. She advised that Daymark was a 24-hour crisis stabilization. Ms. Zazzaro advised that McLeod was an outpatient treatment facility that provided ongoing treatment for sometimes weeks, months or �W years. City Council Regular Meeting February 11, 2025 Page 59 (OW Council Member Thompson inquired when McLeod referred out, did they refer out within the county and then surrounding counties. R Ms. Zazzaro advised that McLeod had a residential facility in Charlotte if one needed a higher level of care. McLeod Medical Director Logan Adams advised that Union County's overdose rates had dramatically risen. Mr. Logan advised that this was not unique to Union County as the rates for North Carolina and the United States had increased. He advised that this was attributable to Fentanyl which was in the drug supply. Mr. Adams advised that McLeod offered lifesaving medications. He advised that when one started the medications they offered, it reduced somebody's chance of dying by 50%. Mr. Adams advised that there was not another medication that had such great immediate lifesaving impact. He advised that McLeod also offered overdose reversal agents to all of their patients and counseling on how to use them. Mr. Adams advised that McLeod provided individual counseling on at least a monthly frequency. He advised that the counseling was oftentimes more frequent, especially early on in treatment. Mr. Adams advised that their treatment plans were individually tailored, and they worked to help the person meet their goals and collaborate with community organizations as well. He advised that one of the reasons they were proposing this move was that they could be by location closer to where these other services were provided. Mr. Adams advised that the majority of their patients were from Union County and most of them were employed and/or seeking employment. He advised that they saw people across the spectrum of socio demographics. Mr. Adams advised that there was a myth that addiction treatment or facilities like McLeod could bring crime to the area. He advised that research studies had shown that actually when somebody entered into treatment, rates of crime were cut in half. Mr. Adams advised that following the Planning Board Meeting, McLeod reached out to Monroe Police Department Crime Analysist Pete Chryst to obtain data on incidents that had occurred within 500 ft. of their current location. In reviewing a chart, Mr. Adams shared that the incidents had occurred at a popular fast food fried chicken chain and a nearby urgent care. He pointed out that no incidents had occurred at McLeod with their patients. Mr. Adams advised that McLeod was open from 5 a.m. to 11 a.m. He advised that people came in, received their medications and saw their counselor often before they go to work. Council Member Anthony inquired if there was an outreach component. Ms. Zazzaro advised that McLeod did have an Outreach Coordinator and they were involved in the Union County Substance Use Coalition, etc. and they were always available as experts. Mayor Burns inquired if the patients were allowed to take medication home with them. City Council Regular Meeting February 11, 2025 Page 60 Mr. Adams advised that the medication was offered onsite. He advised that when a client progressed with their treatment, were no longer using drugs or alcohol and were absent of other substances, they earned the ability to take medication home with them. Ms. Zazzaro advised that they were highly regulated by the FDA and had to have a lot of secure protocols within their facilities. She advised that if the relocation was approved, FDA would have to come in and do an inspection to ensure things were up to code. Mayor Burns inquired what happened with any loitering. Ms. Zazzaro advised that loitering was not allowed. Mayor Burns inquired what counseling services were offered. Mr. Adams advised that the counseling services were provided by licensed clinicians that were certified alcohol and drug counselors. He advised that McLeod also had licensed clinical social workers and licensed family therapy counselors. Mayor Burns inquired if they helped the clients with their budget. Mr. Adams advised that they did not do specific job training at their facility; however, if a client was looking for that, they would locate a community partner to help. 4W Ms. Zazzaro advised that they did help clients apply for Medicaid and get all the resources they could to be healthier. She advised that what she felt the Mayor was referring to was care coordination and a lot of this was through grant funds (Opioid settlement funds) because this was not a reimbursable service but was really key to their clients because they had a lot of trouble in navigating how to get resources. Mayor Burns inquired what the repercussions were for a client taking home medication and not adhering to the programs. Mr. Adams advised that taking home medication did not happen because it was administered in front of a McLeod nurse. He advised that a client could not take home medication until they get to the point that they have earned medication to take home with them after a time in treatment. Mr. Adams advised that if there was a misuse of medications, there were all types of systems to monitor that and was based on an individualized plan for that patient. He advised that there were steps taken to ensure that it was safe for the patient and the community. For patients that earned the ability to take medication home, Mayor Burns inquired how McLeod checked up on them to ensure that they were actually adhering to the program. Mr. Adams advised that their counselor was key in the process and was meeting with them at least monthly. He advised that McLeod could call the patient and they had to come in within 24 hours to ensure everything was appropriate and bring all of their prescribed medication with them allowing McLeod to ensure there was nothing missing. Mr. Adams advised that urine drug City Council Regular Meeting February 11, 2025 Page 61 screening was another frequent avenue monitoring to ensure the medication was in their system and they were taking it properly. Mayor Burns inquired if home welfare checks were a part of the process to ensure the client was being compliant. Ms. Zazzaro advised that they did not perform home welfare checks. She advised that the client had to bring the medication to the facility. Ms. Zazzaro advised that all medication taken home was in a lockbox provided by McLeod and had to be brought back to the clinic in the same lockbox. Mr. Adams advised that before any medication was given, there was specific criteria that the patient had to meet to make sure they were able to safely store the medication and that they were in a stable space where they could handle the medication. Council Member Anthony advised that in the past, she had seen people put on probation and had gotten on drugs as a result of surgery where medication was prescribed and had to go for the 28- day treatment. She inquired if McLeod offered this program. Ms. Zazzaro confirmed yes. Mayor Pro Tem Dotson commended McLeod for the work they did; however, he advised that he had concerns about the clinic being relocated so close to a high school. He inquired how many medications they prescribed. Mr. Adams advised that they used two specific medications, methadone and buprenorphine. Mayor Pro Tem Dotson inquired what were the chances that a person would overdose on methadone at their clinic. Mr. Adams advised that during his tenure, McLeod had not had an overdose on methadone. He advised that McLeod had a very safe way that they handled the medication. He advised that buprenorphine was a safer medication from methadone in that way and it was very hard to overdose on. Mayor Pro Tem Dotson inquired if the proposed location near the hospital was the only site they had looked at. Ms. Zazzaro advised that there were not a lot of locations available and this site was the one that came up and was the only one that had looked at. She advised that they had been actively pursuing this location since last year and it was not until they went to pull the permits for electrical work that they found out that they were not in compliance with the new rezoning that happened last year. Mayor Pro Tem Dotson shared that he had serious concerns with an individual leaving the facility with methadone. He advised that his concern was not just for the individuals' safety but he also had concern with not knowing where the individual was going to take the methadone. Mayor Pro Tem Dotson advised that while he knew methadone was only supposed to have a certain affect, it City Council Regular Meeting February 11, 2025 Page 62 was like anything else, if one took more than they were supposed to take, it was going to have an effect. Ms. Zazzaro reminded Council that McLeod had been serving Monroe for 20 years and the reason that they had not heard from their facility was because there was nothing like that happening. Mayor Pro Tern Dotson pointed out that that the facility was on Highway 74. Ms. Karen West Baird read a letter of support from Dr. Kyle Roedersheimer, Medical Director of Atrium Health Union Emergency Department, expressing enthusiastic support for the relocation of McLeod Centers for Wellbeing's Opioid Treatment Program near the hospital. Ms. Katelyn Snow presented a letter from Billy R. West, Jr., President and CEO of Daymark Recovery Services, expressing no opposition to McLeod's relocation. She advised that the letter highlighted the benefits of having McLeod as a neighbor, the importance of addressing opioid addiction, the positive impact of McLeod's services on the community and the need for effective treatment programs. Ms. Roberta Reid read a letter from Dr. Christopher Griggs, Associate Professor of Emergency Medicine of Atrium Health Emergency Medicine Pain and Addiction Quality Improvement, expressing support for McLeod's relocation and the benefits of lowering barriers to treatment. The letter highlighted the high rate of recidivism and death among individuals with opioid use disorders when community barriers exist. The letter also emphasized the importance of having a treatment center near the hospital to decrease barriers and improve community safety. Ms. Elisabeth Hardin read a letter of support from Common Heart Executive Director Keith Adams that highlighted the importance of McLeod's services in the community and the benefits of the proposed relocation. Ms. Catherine Long read a letter of support from the Matthews Free Medical Clinic Executive Director Amy Carr sharing the importance of their partnership with McLeod and supporting their request to relocate. Mr. Rob McCain expressed his support for McLeod's relocation. Mr. McCain highlighted the importance of drug counseling and the need for effective treatment programs in the community. He emphasized the benefits of having McLeod near the hospital and the positive impact on community health. Ms. Jessica Perry advised that she represented the current property management company at McLeod's current location as well as the proposed location. Ms. Perry advised that McLeod had been very quiet tenants. As mentioned by Ms. Zazzaro, there was a reason why there were not a lot of people who were very familiar with McLeod because they had been so quiet. Ms. Perry advised that the current facility was located in a strip mall on Highway 74 with higher traffic. She advised the proposed location was a standalone building and had more parking. There being no other speakers, Mayor Burns closed the public hearing. City Council Regular Meeting February 11, 2025 Page 63 B. Action — Resolution Approving Land Use and Transportation Plan Compliance. Council Member Anthony moved to adopt Resolution R-2025-05: RESOLUTION APPROVING LAND USE AND TRANSPORTATION PLAN COMPLIANCE 1410 E. FRANKLIN STREET R-2025-05 WHEREAS, in accordance with the provisions of North Carolina General Statute 160D-605, the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional Office for property located at 1410 E. Franklin Street and further described below property is consistent with the adopted Land Use and Transportation Plan. The Land Use and Transportation Plan indicates this area is in the Traditional Character Area. The proposed development is consistent because office and medical are listed as priority uses and the proposed use is medical. The proposed development is a reasonable use and in the public interest because the proposed use is surrounded by existing medical uses and is in close proximity to the hospital. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Approving Land Use and Transportation Plan Compliance for property with Union County Tax Parcel Number: 09-157-004. Adopted this 111' day of February, 2025. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: Nays C. Action — Ordinance Amending Code of Ordinances for Zoning Map. Council Member Anthony moved to adopt Ordinance 0-2025-01: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USAGE CHAPTER 157: ZONING CODE 0-2025-01 Preamble Pursuant to authority conferred by Chapter 160D-701 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 157: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: City Council Regular Meeting February 11, 2025 Page 64 A Section 1. Amend §157.1.2.1 OFFICIAL ZONING MAP as follows: Rezone the property located at 1410 E. Franklin St. and further identified with parcel number 09-157-004 from Office Medical (OM) to Conditional Office. Section 2. This Ordinance shall be effective upon adoption. Adopted this 11 th day of February, 2025. Council Member Kerr seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None Item No. 27. Zoning Map Amendment Request to Rezone Property Located at 2691 W. Roosevelt Boulevard from Conditional District RH Properties to Conditional Commercial. A. Request to Table to Future Date With Further Advertising. Planner Megan Brightharp advised that the applicant was requesting to table this matter to a future date with further advertising. Council Member Anthony moved to approve the request to table this matter to a future date with further advertising. Council Member Thompson seconded the motion, which failed with the following votes: AYES: Council Members Anthony, Kerr and Thompson NAYS: Council Members Anderson, McGee, Mayor Pro Tern Dotson and Mayor Burns Members in opposition of the motion advised that the public was in attendance expecting the matter to be heard. They advised that the request to table should have been submitted in a timelier fashion. B. Public Hearing. Mayor Burns opened the duly advertised public hearing. Planner Megan Brightharp advised that this was a zoning map amendment request by SXCW Properties II, LLC to rezone the property located at 2691 W. Roosevelt Boulevard (Tax Parcel # 09-301-062) from Conditional District (CD) RH Properties to Conditional District (CD) Commercial in order to allow a car wash, a gas station and neighborhood business uses and standards. Ms. Brightharp advised that in 2007, this property was rezoned from Residential Low Density (R- 20) to CD RH Properties to include five restaurant and retail/office buildings; however, development for this project did not move forward. City Council Regular Meeting February 11, 2025 Page 65 IM Ms. Brightharp advised that the applicant was proposing ingress and egress from W. Roosevelt Boulevard. She advised that the applicant had requested a deviation from the Ordinance requirements to allow a Type 1, 10 ft. landscape buffer and a 6-ft. high fence along the southeastern property line instead of the required Type 4, 50 ft. landscape buffer. Ms. Brightharp advised that the applicant had also proposed to exceed the buffer requirement along Arnold Drive and proposed a Type 2, 20 ft. street yard buffer in lieu of a Type 1, 10 ft. street yard buffer. Ms. Brightharp advised that the project was required to provide 5% open space (.26 acres) which would include one small open space type. She advised that the applicant was proposing .53 acres of open space to include an outdoor seating area measuring approximately 1,100 sq. ft. Ms. Brightharp advised that an additional small open space type would be required for lot 2 at the time of development. Ms. Brightharp advised that the applicant was proposing to include nine parking spaces separate from the vacuum and fueling stations. She advised that parking for lot 2 would be determined at the time of development based on the use. Ms. Brightharp advised that the proposed parking spaces would be below the area designated as the fuel canopies. She advised that a 10 ft. concrete multiuse path along the front of this site would be constructed as a part of a future North Carolina Department of Transportation (NCDOT) project. Ms. Brightharp advised that the Ordinance required a 10% tree save area. She advised that the applicant had complied with this requirement and was proposing .53 acres or a 10% tree save area. Ms. Brightharp advised that a tree survey was provided which depicted all trees on the site that were greater than 75" in circumference and trees 25" in circumference within the required buffer areas. She advised that the developer had identified six trees that would need to be removed and mitigated. Ms. Brightharp advised that the developer had met the Ordinance requirements for mitigation. Ms. Brightharp advised that the exterior building materials for the project would include brick, EIFS, aluminum curtain wall and storefront and metal paneling. Ms. Brightharp advised that the Land Use and Transportation Plan indicated this project was primarily located in the Community Corridor Designation which generally covered most of US 74 and areas adjacent to intersecting major streets. She advised that the area served as a primary conduit to Downtown, the epicenter of the City's commercial activity and the spine of the community with critical connections to major employers and activity centers. Ms. Brightharp advised that Staff was of the opinion the development of a car wash, a gas station with neighborhood business uses and standards at this location was consistent with the Land Use and Transportation Plan because it would locate a commercial use along a corridor with higher traffic volume. Ms. Brightharp advised that the developer held a neighborhood meeting on December 18, 2024 to discuss the project with local residents. She advised that the general concerns from the meeting was having a car wash and gas station so close to a residential community and providing access from that development into that community. She advised that Staff received one written letter in City Council Regular Meeting February 11, 2025 Page 66 support, four letters in opposition and over ten phone calls (some general inquiries but the majority expressed opposition). Ms. Brightharp advised that since the Planning Board Meeting, the applicant submitted a revised site plan to add a concrete island to their access point on Arnold Drive to prevent left turns out of the development onto Arnold Drive. She advised that the City's Engineering Department requested that the channelization island be in accordance with NCDOT standards and meet the minimum standards from the edge of pavement on Arnold Drive. Ms. Brightharp advised that the City's Fire Department advised that if the entrance to Arnold Drive was to be removed, the developer would have to show how they could meet fire apparatus maneuvering requirements without the entrance. Ms. Brightharp advised that Staff recommended approval of the rezoning; however, the Planning Board recommended denial. Council Member Thompson inquired if the exit and entrance had to empty onto Arnold Drive. Ms. Brightharp advised that if they removed the entrance, the Fire Department advised that they would have to show that they could bring in the fire apparatus and maneuver properly without it. Council Member Thompson commented that it was possible. Ms. Brightharp advised that the applicant would have to rework the site which, in that case, they would probably need to table the matter to do so. Mayor Pro Tem Dotson inquired what could go on the site other than a car wash. Ms. Brightharp advised that this property was rezoned specifically with a site plan for five restaurant, retail and office buildings. Mayor Pro Tem Dotson advised that they could build a restaurant or three-story retail shops. Ms. Brightharp advised that accordingly to the approved plan. Senior Planner Keri Mendler advised that this property was rezoned in 2007 and was not developed so a rezoning would have to be required for anything to be developed at this point. Mayor Pro Tem Dotson advised that the applicant could request a general rezoning to General Business, a different CD for some other layout or use. Mr. Matthew Kirchner of Eagle Engineering advised that the request for postponement was to allow time to work with the Fire Marshal and the City's Engineering Department on the site. Mr. Kirchner advised that they had to give the Engineering Department enough time to review the proposed access. He advised that he would like to have requested the continuance earlier but they were the last public hearing on the Agenda. Mr. Kirchner advised that as their item came up, that was when they requested the postponement. City Council Regular Meeting February 11, 2025 Page 67 Mr. Kirchner advised that at this time, he did not have answers from City Staff or the Fire Marshal to be able to present a proposal on the project. He again requested that Council postpone the matter to the next meeting to allow them to work with City Staff and the Fire Marshal on fire access to the site. Mayor Burns inquired when they reached out to the Fire Marshal to request the amendment. Mr. Kirchner advised that the amendment to work with the Fire Marshal was requested today. Mayor Burns inquired when the Planning Board Meeting was. Mr. Kirchner advised that the meeting was last month; however, there were no changes for the Planning Board. He advised that the changes were with City Staff to review to ensure they were meeting the code requirements for roadways and the Fire Marshal would have access to the site. Council Member Anderson inquired if there was a possibility for the road to open up onto Highway 74 and not Arnold Drive. Mr. Kirchner advised that the main access did open up on Highway 74 and Arnold Drive was a second access so that the Fire Marshal had a main access. Council Member Thompson inquired if what they were working on possibly closed off the access to Arnold Drive. Mr. Kirchner advised that they were working on a different route for that one by either limiting it or removing it altogether if they could get fire access to work out. Mayor Burns advised that he was confused why the applicant asked for the postponement today knowing this information a month in advance. Mr. Kirchner advised that they were waiting on answers from the Fire Marshal and City Staff to be able to present a proposal. Council Member Kerr asked for clarification that they were waiting on a response back from the Fire Marshal about their emergency access whether it was a limited access onto Arnold Drive or no access and if it was no access it would still have to provide an emergency entrance. Mr. Kirchner advised that at this point, they would be working with the City's Engineering Department for a modification to the road to see if that would be allowed since it was a City of Monroe road. He advised that it was an access change requiring City approval and following that approval, he would present it to the Fire Marshal to have them approve it. Council Member Kerr inquired if they could then come back to Council. Mr. Kirchner confirmed yes. City Council Regular Meeting February 11, 2025 Page 68 Mayor Burns inquired of Mr. Kirchner if he had any conflicts of interest with anybody that would have the ability to vote for this. Mr. Kirchner confirmed no. He inquired if the request for postponement would be heard. Mayor Burns advised that Council already voted on the request which was denied. Mayor Pro Tern Dotson advised that he attended the Planning Board Meeting where this item was presented. He advised that the Planning Board Members and the public were very specific. Mayor Pro Tern Dotson advised that instead of putting in a right only turn out the back, he would have spent his time fixing it. Mr. Kirchner advised that they were working with the Fire Marshal and that was the reason for the request for postponement. Mr. Kirchner requested to withdraw the application. City Attorney Long advised that the applicant could request to withdraw the application but once it was in front of Council, it was up to Council to allow the application to be withdrawn. Mayor Pro Tern Dotson inquired if the application was withdrawn, was there was a time limit when the matter could be brought back to Council. City Attorney Long advised that the applicant would have to go through the process again. He advised that the time to have asked for it to be withdrawn would have been before it got to this point. Ms. Mendler advised that if the request was denied, the applicant could reapply in one year. She advised that if the application was withdrawn, the matter could be brought back anytime. Mr. Victor Little expressed concerns about increased traffic and the impact on the residential neighborhood. Ms. Christina Rodriguez shared personal concerns about having a gas station so close to her home and the potential negative impact on her family. Mr. Freddie Kirk highlighted the dangers of a rear exit onto Arnold Drive and the potential health and safety risks of the proposed development. Ms. Kimberly Belmont accompanied by her daughter, Caroline, emphasized the negative impact on the quality of life for residents, including children and elderly neighbors. Ms. Mary Kate Scurlock raised concerns about the potential health risks associated with gasoline, including cancer -causing chemicals and groundwater contamination. Ms. Scurlock cited studies showing increased risks of childhood leukemia and the common occurrence of underground City Council Regular Meeting February 11, 2025 Page 69 storage tank leaks. She argued that existing homes should not be placed in the line of fire of gas station hazards, especially given the proximity to schools. Ms. Scurlock questioned the safety of drinking water from wells near gas stations and the potential for contamination. Mr. Matthew Cagle expressed concerns about the impact of the development on the community and the potential for increased crime and noise. He shared personal experiences of feeling a part of the community and the fear of moving away if the development was approved. Mr. Paul King supported the denial of the rear exit and the entire project, citing the Planning Board's unanimous recommendation for denial. Ms. Abbey Siegel with Eagle Engineering referenced page 47 of the City's Unified Development Ordinance (UDO) wherein it reads that an applicant might withdraw an application at any time and was subject to incurred fees. Ms. Siegel advised that she did not know if the City Attorney would object to this or if he had any say over that statute. City Attorney Long advised that the statutes allowed that once a matter was before Council, it was Council's decision to allow anything to come off of the meeting. He advised that the applicant could have withdrawn the matter before they walked into the meeting tonight and had they taken that approach, they would have been fine. Ms. Siegel advised that she understood but the UDO did not advise that it had to be withdrawn before they presented today and they used their opportunity to request to withdraw the application l„ when they were subject to speak. She advised that there were incurred fees when an application was withdrawn. Ms. Siegel advised that she felt that the application to withdraw was not heard by Council and was more so directed. She requested a fair chance to review the request to withdraw the application based on the UDO due to the fact that they did not know that Council could override and they simply went by the UDO guidelines. There being no other speakers, Mayor Burns closed the public hearing. C. Action — Resolution Denying Land Use and Transportation Plan Compliance. Council Member Anthony moved to adopt Resolution R-2025-06: RESOLUTION DENYING LAND USE AND TRANSPORTATION PLAN COMPLIANCE 2691 W. ROOSEVELT BOULEVARD R-2025-06 WHEREAS, in accordance with the provisions of North Carolina General Statute 160D-605, City Council does hereby find and determine that the adoption of the zoning map amendment for the property located at 2691 W. Roosevelt Boulevard further described below is consistent with the adopted Land Use and Transportation Plan. The Land Use and Transportation Plan identifies this area as Community Corridor where commercial is a priority use. The proposed rezoning to Conditional District Commercial would allow for commercial use, which would be consistent with the Plan. However, this proposal is not a reasonable use or in the public interest because we have an obligation to preserve the character of the existing neighborhood and this egress in this development would deny that and deny the neighborhood. City Council Regular Meeting February 11, 2025 Page 70 �w Based on this information, the conditions have changed which justify amending the Land Use and Transportation Plan. As a result of this zoning map amendment denial, the Land Use and Transportation Plan is amended to reflect the land use modification. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Denying Land Use and Transportation Plan Compliance for property with Union County Tax Parcel Number(s): 09-301-062. Adopted this 11 "' day of February, 2025. Mayor Pro Tem Dotson seconded the motion. Council Member Kerr requested that the record reflect that he felt that Council should have considered the tabling of this issue. He advised that he knew that there were ongoing issues with response times and while Staff did a fantastic job, immediate answers were not always provided. City Attorney Long reminded Council that any Council Member could make a motion to reconsider before the meeting was adjourned. He advised that it required a motion, a second and two-thirds majority to reconsider. Council Member Kerr moved to reconsider the matter. There was no second for the motion to reconsider. Mayor Burns advised that he had been to Sam's Express Car Wash and felt it was an excellent establishment. He advised that considering the feelings of the people that lived close by and the fact that there had been multiple car washes in this area and plenty of gas stations already on Highway 74, he knew that Monroe was having to consider a lot. Mayor Burns advised that this was not an easy decision for anyone because Council did not want to snuff out growth and that was not what this was. He advised that in his personal opinion, this property could be so many other things. Mayor Burns advised that the City had given gas stations and car washes fair shots. He advised that Council had voted before based on who attended a Council Meeting and who was not in attendance and he asked Council to keep that in mind. Mayor Burns advised that when Council voted on things before, he had heard some Council Members say if the person(s) really cared about the item, then they would be in attendance. He advised that the reality was that if people were for this and Council listened to the people, then the people should have shown up at this meeting. Mayor Burns advised that Council had to be consistent. The motion to adopt the Resolution of denial passed with the following votes: AYES: Council Members Anderson, Anthony, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: Council Member Kerr D. Action — Zoning Map Amendment Denial. Mayor Pro Tem Dotson moved to deny the zoning map amendment request. Council Member Anderson seconded the motion, which passed with the following votes: City Council Regular Meeting February 11, 2025 Page 71 A A AYES: Council Members Anderson, Anthony, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: Council Member Kerr INFORMATIONAL COMMITTEE MINUTES, COMMITTEE STAFF NOTES AND REPORTS Item No. 28. Annual Written Reports of Boards and Commissions for 2024. In accordance with the Boards and Commissions Policy, City Clerk Bridgette Robinson submitted the 2024 Annual Written Reports for the following: Board of Adjustment; Charlotte -Monroe Executive Airport Commission; Downtown Advisory Board; Firemen Relief Fund Board of Trustees; Historic District Commission; Monroe Tourism Development Authority; Parks and Recreation Commission; and, Planning Board. Item No. 29. Building Permit Data for December 2024. For informational purposes only, Planning and Development Director Lisa Stiwinter reported by memorandum that 549 building permits were issued for December 2024. Item No. 30. City Council Discretionary Fund Disbursements for January 2025. For informational purposes only, City Clerk Bridgette Robinson reported by memorandum requests for Fiscal Year 2024-2025 City Council Discretionary Fund disbursements for January 2025: Re uestor Recipient Public Purpose Amount Council Member Union County Playmakers Support of cultural opportunities $300 Gary Anderson Council Member A Few Good Men Scholarships $45 Franco McGee Item No. 31. Committee Minutes/Staff Notes. A. Minutes of Downtown Advisory Board Meeting of December 16, 2024. Minutes of the Downtown Advisory Board Meeting of December 16, 2024 were received as information by Council. B. Minutes of General Services Committee Meeting of January 9, 2025. Minutes of the General Services Committee Meeting of January 9, 2025 were received as information by Council. C. Minutes of Historic District Commission Meeting of December 9, 2024. Minutes of the Historic District Commission Meeting of December 9, 2024 were received as information by Council. D. Minutes of Parks and Recreation Commission Meeting of December 17, 2024. Minutes of the Parks and Recreation Commission Meeting of December 17, 2024 were received as information by Council. City Council Regular Meeting February 11, 2025 Page 72 A ER E. Minutes of Planning Board Meeting of December 4, 2024. Minutes of the Planning Board Meeting of December 4, 2024 were received as information by Council. F. Minutes of Public Enterprise Committee Meetings of December 5, 2024. Minutes of the Public Enterprise Committee Meeting of December 5, 2024 were received as information by Council. G. Minutes of Special Needs and Disabilities Committee Meeting of December 3, 2024. Minutes of the Special Needs and Disabilities Committee Meeting of December 3, 2024 were received as information by Council. Item No. 32. Financial Reports for December 2024. Financial Reports for December 2024 were received as information by Council. Item No. 33. Summary of Contracts Awarded, Change Orders Approved and City Manager's Settlement of Claims for January 2025. For informational purposes only, City Manager Mark Watson reported by memorandum the following award of contracts pursuant to Ordinance 0-2001-17, Change Orders (CO) approved pursuant to Resolution R-2000-76 and the settlement of claims pursuant to Ordinance 0-2018-50 for January 2025. There were no settlement of claims. Name Purpose FiscalIm act Fund Amount Mullis Mechanical & Repair LNG Facility Gate Electrical- *$2,434.96 Equipment, Inc. Maintenance/Const DAP Contracting, Inc. Remodel Men's shower Water and Sewer- $19,960.80 Maintenance Mold Assessment Group Air quality test at Winchester Property Mgmt- *$1,290.00 Ceramics & Hangar 5 Buildings The Patch Boys Repair plaster ceiling in Old City Property Mgmt- *$3,164.00 Hall Buildings SC Coach LLC Charter bus for Bazemore day trip Park & Recreation- *$1,880.00 to Charlotte Recreational 1 Mastercraft Renovations Bleacher installation at Winchester Property Mgmt- $84,439.31 Systems Gym Buildings Winyah Mgmt Solutions, Consulting services for MCC Golf Park & Recreation- $12,750.00 Inc. Course Golf Course Integrity Plumbing & Provide LIC Cntr to RLCT/RPR Electrical- *$4,999.00 Repair, LLC existing NG line Administration Union Mechanical Parts and labor — replace Hal Coan Electrical- *$3,925.00 Service, Inc. HVAC System Administration Tennico of Columbia, Inc. Installation of pickleball courts at Property Mgmt- $94,315.00 Dickerson Admin Intellirent Test substation equipment Electrical- $12,495.25 Administration Lawrence Associates, PA Engineering and field verification Electrical- $90,000.00 services Administration Withersravenel, Inc. Provide working asses lifecycle Stormwater- $18,495.00 model Maintenance City Council Regular Meeting February 11, 2025 Page 73 IM Im Resolve Environmental Brownfields Agreement Property Mgmt- *$1,050.00 Services, PLLC Admin Madelyn Nikole Atkinson Remote professional marketing for Park & Recreation- *$600.00 Dowd Center Theatre Certapro Painters Painting interior rooms at Water WR-Water $25,758.84 Treatment Plant (WTP) Treatment Plant Council on Aging in Outside Agency — Aging Services Legislative- $20,000.00 Union County Council A ro riation Advanced Aluminum Add covering to entrances at the WR-Water $11,640.00 Products, Inc. WTP Treatment Plant Anna Kholod Production of video reels for Park & Recreation- *$1,614.00 Monroe Aquatics and Fitness MAFC Center (MAFC) *Approved by Department Director TOTAL $410,819.16 REGULAR AGENDA Item No. 34. Development Review and Permitting Process. Assistant City Manager Jeff Wells presented the results of Staff s comprehensive evaluation of the City's development review and permitting process. Mr. Wells advised that Staff received the directive to improve the process for development and permit review at the City Council Strategic Planning Retreat in September 2024. Based on this direction, he advised that Staff proceeded to review the overall process with these objectives in mind, reviewing the timelines for plan review, reviewing the internal processes, identifying ways to be more transparent and communicating the resources needed for the results to be effective and successful. Mr. Wells advised that three team meetings were held with all Staff that took part in plan review. He advised that he also had numerous one-on-one meetings to identify rooms for improvement. Mr. Wells advised that several areas were identified to focus efforts on. He advised that the review times were not always consistent, providing better guidance to applicants on the website and other means, the way the City handled hard copy forms was laborious, and the City was not taking advantage of electronic signature. Mr. Wells advised that the electronic signature component would not only benefit Planning and Permitting, it would also benefit citywide operations. Mr. Wells advised that providing reports to Council would be helpful information to Council and would keep the team accountable as well. Mr. Wells advised that the first area of focus was reviewing timelines. He advised that the review of timelines would be aligned and consistent moving forward. Mr. Wells advised that the timelines would be based on the type of review noting that there would be two categories both with a max of either five days' review or a max of a ten business day review. He shared that five-day maximum review times would be smaller individual type permits, such as zoning permits, building permits for a home to locate on the site, residential additions, or residential accessory structures. With regard to the maximum ten-day review, Mr. Wells advised that these were the larger scale reviews that included subdivisions, commercial sites or commercial renovations. He advised that these reviews almost always required erosion control and stormwater reviews. City Council Regular Meeting February 11, 2025 Page 74 A Mr. Wells advised that Staff also discussed ways to significantly improve internal processes. He advised that there were a small amount of forms that could be discarded. Mr. Wells advised that Staff would also add additional licenses to the review software so that more people could access and review plans at the same time. Mr. Wells advised that Staff also intended to create electronic, fellable forms. He advised that the City would also be moving forward with an electronic signature process that would allow for quicker, easier customer service and be better for City operations. Mr. Wells advised that building permit data would be reported to Council on a monthly basis. He advised that Staff was also working on a CityView plan report which would show the amount of time it took each permit/application to go through the review process. Mr. Wells advised that the last area was ramping up efforts to educate the public on the City's process. He advised that Monroe was unique in a good way as it was a one -stop shop. However, Mr. Wells advised that there were steps to get from point A to B, depending on the application. He advised that things Staff would like to upgrade on the City's website were workflow charts that depicted the process step-by-step and short videos that walked an applicant through the process. Mr. Wells advised that in order to implement these goals effectively, Staff had determined the following resource needs for the upcoming Budget: Plan review included one engineer responsible for erosion control design review, one engineer responsible for stormwater design review (funded through Stormwater Fund), Water Resources Civil Engineer 1, Water Resources Engineer Tech; filling vacancies that would allow the Water Resources Department to allocate their resources more effectively; one plan reviewer for Fire and a Review Process Manager to ensure the external/internal review processes are staying on point. He advised that two positions would be funded through the General Fund with the remaining being funded by the Enterprise Funds. Mr. Wells advised that the additional CityView licenses would move forward in a Budget Amendment in March 2025. Council Member Kerr inquired if the DocuSign accounts were operational. Mr. Wells advised that Staff was working to procure DocuSign in the coming weeks. Council Member Kerr advised that while DocuSign would be his preferred program, he inquired if it was possible the City could use Dotloop as a backup software because a lot of people had problems communicating between Windows systems and Mac systems when using DocuSign. Mr. Wells advised that he would follow-up with the IT Department on this request. Mayor Burns inquired if Staff had the expected cost for the DocuSign software. Mr. Wells advised the cost was based on the number of users and what the program was used for. He advised that there would be dozens of users and he felt that it would be several thousand dollars. City Council Regular Meeting February 11, 2025 Page 75 R Mayor Burns advised that he had some experience with some of these pieces of software. He requested that Staff thoroughly investigate other options because DocuSign was very expensive because it was feature heavy but, there were less expensive options available. Mayor Burns advised that he wanted to ensure that the City was being fiscally responsible. Mr. Wells advised that Staff had looked at other options and found that DocuSign was the preeminent government one and that was one of the reasons Staff chose the system. He advised that Staff was in the process of receiving feedback from each Department as to the number of users they would have and that would determine the cost. City Manager Watson advised that the use of electronic signatures would create a lot of efficiency in most City Departments and this would have an impact on more than just this one process. Item No. 35. Limits on Downzonina Enacted from Senate Bill 382. City Attorney Long advised that in December 2024 in the Disaster Recovery Act of 2024, the legislature made it so that the City could not adopt downzoning without the written consent of all impacted owners. He advised that while interpretation of the statutory language was not crystal clear, it was very clear that it altered dramatically, local government authority to amend the Zoning Ordinances. City Attorney Long advised that Council was familiar with vested right permit choice and non- conforming uses and those provisions. He advised that the legislature had advised that now shouting it that the property rights of owners are and would be protected from municipalities. City Attorney Long advised that the new statute prohibited local government initiated downzoning and expanded the definition of downzoning. He advised that downzoning normally referred to when a property was rezoned to a less intense and less dense use (i.e., from industrial to residential). City Attorney Long advised that this statute went a lot further and said that no amendment to a zoning regulation or a zoning map that downzoned property could be initiated, enacted or enforced without the written consent of all property owners whose property was the subject of the downzoning amendment. He advised that for the purposes of downzoning, it meant a Zoning Ordinance that decreased the development density of the land to be less dense than was allowed by previous usage, reduced the permitted uses of the land that were specified in the Zoning Ordinance or land development regulation to fewer uses that were allowed before or created any non -conformity on land not in a residential zoning district including a non -conforming use, non- conforming lot, non -conforming structure, non -conforming improvement or non -conforming site element. City Attorney Long advised that this had a lot of implications. City Attorney Long advised that the statute also applied retroactively to any downzoning that occurred after June 14, 2024. He advised that this affected the entire state of North Carolina insofar as anything done from June 2024 for downzoning just got wiped off the map. City Attorney Long advised that some of the communities that enacted their UDOs in September 2024, just got wiped off the map. City Attorney Long advised that the new law looked at three things. He advised that the first one was density. City Attorney Long advised that the City could not amend a zoning tax map to reduce density unless the owner consented. He advised that the City had a lot of things where the owner City Council Regular Meeting February 11, 2025 Page 76 wanted to be rezoned and would consent, but the City could not enact anything that went out and changed entire areas. City Attorney Long advised that the City could not rezone areas from multi -family to single family because that was reducing density unless the property owner consents. He advised that downzoning reduced the permitted use of land that was specified in the Zoning Ordinance to fewer uses than were previously allowed. City Attorney Long advised that the language used in the statute referenced substantially prohibiting a previously allowed use. He advised that he was not really sure what this meant and that it was open to interpretation. City Attorney Long advised that the law numerically reduced the number to fewer uses (i.e., if you had four uses and you went to three uses). City Attorney Long advised that this law applied to text and map amendments. He advised that downzoning resulted by creating any type of non -conformity on land not in a residential zoning with non -conforming use, lots or structures. City Attorney Long advised that it was unknown what the immediate impact was. He advised that every community, every county and basically every municipality are putting forth things to the legislature to try to repeal this; however, right now, this was the law of the State of North Carolina. Council Member Kerr inquired if this was moving towards eliminating the City's ability to zone. City Attorney Long advised this law was absolutely designed to take away communities' actions/abilities to control their own zoning. He advised that going forward, the City needed to look at new uses being carefully construed and scrutinized. City Attorney Long advised that if the City ever up -zoned, it could not downzone without consent. He advised that no blanket text amendments would be allowed. City Attorney Long advised that any general changes to a Zoning Ordinance or map would be a problem. He advised that flood zones might be a problem as well. Assistant City Manager Jeff Wells reviewed a comprehensive list of zoning map and text amendment decisions by Council dating back to June 2024 that would be affected by the new law. Item No. 36. City Legislative Agenda. A. City Legislative Agenda. Assistant City Manager Lisa Hollowell advised that the City Legislative Agenda was developed from recommendations received from Staff, appointed Committee Members and Council Members. Ms. Hollowell advised that the City Legislative Agenda's top five policy items and top five money items which were selected by Council Members. Ms. Hollowell reviewed the top five policy items: 1. Powell Bill. The City supports the current law requiring that municipalities with over 400,000 in population be held to their 2019 allocation level for Powell Bill funding, allowing any additional funding to be allocated to the other cities. The City will request the inclusion of the special provision for 2025-2027 biennium. City Council Regular Meeting February 11, 2025 Page 77 2. Downzoning (SL 2024-57). This imposes restrictions on downzoning changes, requiring the written consent of all property owners within the affected zone prior to any such changes. This hinders the City's ability to effectively implement its comprehensive planning efforts and manage growth and development within its communities. Possible options might be to repeal, amend or exempt Monroe from this law. 3. County Tier Ranking System. Directs the Department of Commerce to do a study to look at how they currently do the economically distressed ranking system at the county level. Monroe is designated as Tier 3 which was the least distressed in economics. This would require the Department of Commerce to look at the census tracks instead of the county level and then compare each of the tracks to what the county designation was and look at whether or not it was applicable statewide. 4. Water. Amend the law for Inter Basin Transfers (G.S. 143-215.22I). Revise the criteria for water transfers to apply solely to the 17 major river basins (remove the sub -basins from the law). 5. Emergency Medical Service (EMS) Delivery. EMS delivery is not uniform across the state. City will ask the legislature to look at the continuity of services and to create standards to ensure all State residents receive comparable services when seeking medical assistance. The quality of EMS care should not be determined by geographic location. Ms. Hollowell reviewed the top five money items: 1. Powell Bill. Request a 20% increase over the 2025-2027 Fiscal Biennium; $18.6 million annually ($37.2 million statewide in FY 2026-2027). This impacts over 500 municipalities. City of Monroe impact would be estimated at $250,000. 2. Winchester Redevelopment Project. Budget request for approximately $2.5 million Directed Grants through Department of Natural and Cultural Resources, Department of Transportation and Department of Commerce. 3. Charlotte -Monroe Executive Airport improvements. Request budget special provision and appropriation of funds from the Department of Transportation in the amount of $8.5 million for additional funding to improve existing hangars, building t-hangars and any other improvements needed at the Airport. 4. Water Resources. Request funding for the Waste Water Treatment Plant Expansion — approximately $100 million. Appropriation of funds for enhancements to the water and waste -water treatment systems. Replacement of aging infrastructure. 5. City Hall Replacement Project. Request funds for replacement of City Hall. This was based on a Needs Analysis completed in 2011 that showed potential needs of 50,000 sq. ft. Current space of City Hall without fire is 27,916 and with fire 42,416. Estimated replacement costs would be between $21 million and $28 million which is on the low side. City Council Regular Meeting February 11, 2025 Page 78 A Ms. Hollowell advised that it was the recommendation of Staff that Council approve the City Legislative Agenda. Council Member Anderson moved to approve the City Legislative Agenda as outlined above. Council Member Kerr seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None B. Local Bill — Voluntary Annexation Requests. Ms. Hollowell recommended that Council consider a local bill be considered for submission to contain language that notwithstanding any other provision of law to the contrary, including any legislation enacted during the 2025-2027 legislative biennium or thereafter, the City of Monroe and all incorporated municipalities within Union County shall have the authority to accept voluntary annexation requests of new territories and place these into its municipal boundaries, in accordance with the provisions of G.S. 160A-31 and G.S. 160A-58.1, as they existed on January 1, 2025. Council Member Anthony moved to approve submitting a local bill regarding voluntary annexation. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None Item No. 37. Travel Policy for Elected Officials. Council Member McGee advised that Elected Officials had the opportunity to enhance their knowledge on various issues and responsibilities of local government by attending different events. He advised that examples of some of the events included: Town and State Dinner (Raleigh, NC); National League of Cities' (NLC) Congressional City Conference (Washington, DC); North Carolina League of Municipalities'(NCLM) CityVision Annual Conference (varying locations); and, NLC's City Summit (varying locations). Given the current funding level of $5,000, Council Member McGee advised that a Council Member must select and choose which event to attend in order to stay within their travel budget. As costs have increased over the years, he advised that the current Budget did not allow a Council Member to be able to attend every event and/or other networking opportunities. Council Member McGee advised that consideration of an increase in travel for Elected Officials was being requested. If an increase in travel is approved, Council Member McGee advised that any funds remaining in an Elected Official's allocation that were unused by June 30 of any Fiscal Year would be transferred to the City's General Fund in accordance with the Travel Policy for Elected Officials. He advised that the travel fund had not been increased in a period of time. Council Member McGee City Council Regular Meeting February 11, 2025 Page 79 advised that there was interest in attending the upcoming NLC's event in Washington but not enough funds remained to cover the trip. Council Member Anthony advised that there was not enough money in Council's travel budget to attend sessions where they could network, talk to other cities and find out their best practice and to share things the City of Monroe was doing. She advised that she knew the City paid a fee to join to the National League of Cities (NLC). Council Member Anthony advised that should Council Members choose to attend the NLC's sessions or even the School of Government's classes, they should be able to attend the extra learning opportunities. She emphasized that attending these events was not a vacation. Council Member Anthony supported the request to reconsider Council's travel budget. Council Member Thompson inquired if there was a proposed amount being recommended. Council Member Anthony recommended that the funds be increased to cover the NLC's major conferences. Mayor Burns advised that from personal experience as a business owner, he believed that just because there was a conference did not mean you had to go to the conference. He advised that there were lots of opportunities, but that did not necessarily mean one had to take advantage of every opportunity and be monetarily supported through that. Mayor Burns advised that as a Council Member, every bit of money that was spent was tax money. He advised that thinking through this, should Council decide to increase the money as a Council, which he advised he was not in favor for, he requested that everyone that attended a conference personally report back to the constituents what they learned. Mayor Burns advised that he did not believe using tax money to go to conferences was an opportunity to actually network. He advised that he did not think that Council should be using this opportunity to network at all because networking implied an idea of I know you, you know me and we are going to support each other and expound on whatever that relationship was. Mayor Burns advised that the reality was that because this was tax money, he looked at this as if Council was doing this primarily to learn. He questioned what events had Council gone to so far that have actually been implemented into the City of Monroe. Mayor Burns advised that this was just his opinion, but he attended the NLC conference in Tampa and it was very politically leaning and he heard that it also adjusted to whatever the Executive Branch was. He advised that because this conference was heavily politically leaning, he did not really know if it was important for him to understand how Al could be used in whatever they were trying to get across through certain terminology with three letters. Mayor Burns advised that this was his personal perspective because it was tax money and Council should be cautious in just allowing it to happen. He advised that should an increase be approved, he requested that everything attended be documented and every Council Member should report it back to the people because it was the people that Council should be going and learning for and bringing back and implementing those things. Council Member McGee advised that he livestreams some of the sessions and emails information he received from the events. He advised that when he networked, he was talking to other cities of like size to see exactly what they were doing with regards to their water system to see if there were City Council Regular Meeting February 11, 2025 Page 80 some things that they were doing that Monroe could implement. Council Member McGee advised kw that this was not a playtime for him and he was in sessions the whole day. He advised that attending conferences was an opportunity for Council Members to really see what was happening in other municipalities and he felt that it had been very resourceful. Council Member McGee advised that there had been things that had been implemented that they gleaned from the NLC. IR City Manager Watson advised that the Finance Director had a proposed recommendation to present. Finance Director Lisa Strickland advised that in looking at the amounts and the increases in the travel costs, she felt that an increase of $2,000 per member would be an adequate increase and would cover the cost of the trips that Council wanted to take. She advised that this would now be a $7,000 travel budget. Ms. Strickland advised that anything that did not get used went back to the General Fund at the end of the fiscal year. City Manager Watson and Ms. Strickland shared that the Council travel budget had not been increased in several years even with inflation. Council Member Anthony advised that she saw networking differently. She advised that if you go into session you are going to meet someone new and both parties would share about their city. Council Member Anthony advised that sometimes this reinforced what the City was doing and sometimes it gave the opportunity to learn something new. Council Member Anthony advised that the City used to pay for a lobbyist; however, this was no longer budgeted. Therefore, she advised that the City was its own lobbyist and that was one very important reason that Council should attend conferences. Council Member Anthony advised that while she did not think Council Members needed to attend every event, she did feel it was important to attend some conferences. Council Member Anthony advised that she attends the sessions during the conferences and does what was expected of her when she has attended any events. She advised that she always brought back information from conferences and shared the information accordingly. Mayor Pro Tem Dotson advised that he had reviewed some of the travel budgets for cities of similar populations as Monroe. He advised that Monroe was ranked number 28th in population and Council Members, excluding the Mayor, had a travel budget of $30,000. Mayor Pro Tem Dotson advised that Salisbury, ranked 29th, had a travel budget for the entire Council of $15,500. He advised that Indian Trail had a travel budget of $3,000. Mayor Pro Tem Dotson advised that he did not believe it was necessary to attend every event. He advised that just like a family budget at home, Council Members should be selective in the places that they go and how they spent. Mayor Pro Tem Dotson advised that if a Council Member really wanted to go to an event and that was their prime event, then that was the event the Council Member should save their money to attend. City Council Regular Meeting February 11, 2025 Page 81 Mayor Pro Tern Dotson advised that he did believe that professional development was important. He advised that he believed the current travel allowance was more than adequate. Mayor Pro Tern Dotson advised that since Finance Staff recommended a $2,000 increase; he recommended that at the beginning of the Fiscal Year when Discretionary Fund balances renewed, a Council Member should have the option to forego a Discretionary Funds allowance and instead add the $1,500 to their travel budget. Mayor Pro Tern Dotson advised that if travel and networking was that important then the Council Member would opt to forego a Discretionary Fund allotment and put the money into their travel budget. He advised that Council did not need more than $30,000 in travel funds for Council Members. Council Member McGee advised that he did not see this as a leisure. He advised that he saw this as a professional development opportunity. Council Member McGee advised that while that was Mayor Pro Tern Dotson's opinion, he did not think a Council Member should have to choose between Discretionary Funds and travel funds. He advised that as Council Member Anthony shared, they were working on trying to figure out what were the best practices going to these sessions, learning, getting information to be able to come back and share what was learned. Council Member McGee advised that there had not been an increase in about five years. He advised that while a $2,000 increase would not allow a Council Member to attend every event, he felt that this was a happy medium. Mayor Burns advised that by no means was he saying that anyone on Council was using attendance at conferences as leisure. He advised that the City was not a business and this was taxpayers' money. Mayor Burns advised that was the fundamental difference. Mayor Burns advised that whether or not there had been an increase or not in the past five years, maybe Council was given too much money at the last increase. He advised that he was trying to look at this as a whole and questioned if the City had benefited at least a little bit over the past five years at the travel allotment of $175,000. Mayor Burns inquired what the City had done to benefit the citizens and back the people at $175,000. He advised that the City had projects that were coming through the City right now. Mayor Burns advised that a $2,000 increase would be $14,000 that could be used towards projects (i.e., Winchester Redevelopment Project). Mayor Burns advised that there were organizations that the $14,000 could potentially be donated to. He advised that often times, he receives requests to purchase a table for Council at an event in lieu of Council Members having to use their Discretionary Funds to buy tickets. Mayor Burns requested that Council keep this information in mind. Council Member McGee inquired how much travel funds had been utilized. He advised that just because the travel funds were allocated, not everyone attended conferences and using the funds and the unused travel funds went back to the General Fund at the end of the Fiscal Year. Mayor Burns inquired if the travel funds Council Members received included per diem for food, etc. Ms. Strickland confirmed that the per diem was included in the travel budget. Mayor Burns inquired if Uber charges were included and taken out of the travel budget. City Council Regular Meeting February 11, 2025 Page 82 A City Manager Watson advised that taxis and Ubers were reimbursable. He advised that meals were per diem. Ms. Strickland advised that a Council Member could get reimbursed for the hotel and travel airfare. If meals were included as part of the conference, she advised that this was not reimbursable but a Council Member could get reimbursed if they had to pay for lunch on their own. Ms. Strickland advised that only when there was overnight travel was any kind of allowance given for the meals. She advised that the City did pay for tolls and taxis. Mayor Burns inquired if this allowance was separate or if it was included in the $5,000. Ms. Strickland advised that this allowance was included in the $5,000. Council Member Thompson advised that there were those who took advantage of the many opportunities they had and that should be their option as much as it could be funded. She advised that there were Council Members who do some of it and then those of Council who wanted to be more frugal with taxpayer's money. Council Member Thompson advised that if each Council Member had an increased allotment of $7,000, then each Council Member got an individual choice as to whether they wanted to use it, let it go back in the General Fund or use part of it. She advised that this would be up to each individual Council Member according to what might be going on in their life. Council Member Thompson advised that it seemed fair to her to increase the travel allotment because of inflation and that it should be up to each individual Council Member as to how they used it. She advised that the Council Member sharing what they learned at a conference with Council just made sense to her. Council Member Anthony advised that she did not want it to appear that if someone went to conferences that they were not been a good steward of the taxpayers' money and she wanted to ensure that citizens understood that. She advised that she felt attending conferences showed the citizens you were interested in being a better Council Member because you were still learning. Council Member Anthony advised that no one was an island. She advised that the way one grew and learned was to go out, see other cultures of other cities and see what opportunities were. Council Member Anthony advised that the City of Monroe would not have the Good Jobs Great Cities initiatives if they had not attended conferences. She advised that she had, at times, paid her own way to conferences and she normally did not stay at the host hotel as a means to save money. Council Member Anderson advised that in taking a broad look at this, there were two annual NLC events and the Town and State Dinner in Raleigh. He advised that in looking at these three basic events, the current level of travel funds did not allow someone to go to all three events. A. Travel Allowance Increase for Elected Officials. Council Member McGee moved to approve the travel increase for Elected Officials to be $7,000 allowing them to attend the two annual NLC events and the Town and State Dinner (Raleigh, NC) and to supplement the inflation costs over the last five years. Council Member Thompson seconded the motion. City Council Regular Meeting February I1, 2025 Page 83 Mayor Pro Tem Dotson advised that he did not see the need for all of Council to have enough money to go to three different conferences. Council Member Thompson advised that if not used, the funds return to the General Fund. Mayor Pro Tern Dotson advised that the unused money would return to the General Fund; however, it was not Council's money, not his travel fund but was the citizens' money and he did not believe in increasing the travel fund. Mayor Burns advised that he was not completely against the increase and understood there was a need but at this time, he felt that the better course of action to potentially reconsider was to see what the exact cost of the conferences were. He advised that Ms. Strickland mentioned $2,000 but prior to Council discussing this and really get in depth, a Council Member advised that they would like to see the actual cost of everything. The motion to increase the travel allowance passed with the following votes: AYES: Council Members Anderson, Anthony, McGee and Thompson NAYS: Council Member Kerr, Mayor Pro Tern Dotson and Mayor Burns B. Travel for Elected Officials Policy Amendment. Council Member Anthony moved to amend the Travel for Elected Officials Policy (GA-02) effective February 11, 2025 to reflect the increase for the travel amount to $7,000: TRAVEL FOR ELECTED OFFICIALS POLICY (GA-02) SECTION 1. Purpose. This policy provides City Elected Officials a comprehensive reference for eligible payments or reimbursements for travel expenses pertaining to official City travel and subsistence while conducting official City business as defined herein. Travel at the City's expense shall be for a designated public purpose, in support of official City business, and not for the purpose of campaigning for an office or position with any elected organization, professional or otherwise, position or person, or for a partisan political purpose. SECTION 2. Applicability of Travel Policy. This Policy is applicable to all Elected Officials serving the City of Monroe. SECTION 3. General Policy. 1. An Elected Official traveling on official City business representing the City should exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business and expending personal funds. 2. Official travel expenses will be reimbursed in accordance with this Administrative Policy. 3. Officials authorized to use City credit cards may elect to use them instead of reimbursement; all receipts for expenditures must be submitted to the City Clerk in order for the expenditures to be approved. SECTION 4. Definitions. City Council Regular Meeting February 11, 2025 Page 84 Authorizing Party. An individual authorized by this policy to approve or disapprove requests for travel, cash advances, travel reimbursements, etc. Incidentals. Costs related to tips and telephone calls. Official City Business. Travel that has a direct benefit to the City by enhancing the Elected Official's knowledge on various issues and responsibilities of local government or where the Elected Official is representing the City in their official capacity as a City Council Member. Examples of travel that would meet this requirement include, but are not limited to seminars and conferences offered by the National League of Cities, North Carolina League of Municipalities, North Carolina Legislative Conferences, ElectriCities and the Union County Chamber of Commerce. Travel and expenses related to partisan political activities or that are not directly beneficial to the City shall be paid for by the individual Elected Official without reimbursement by the City. Reimbursements. All reimbursement requests shall be filed for approval and payment within five (5) working days after the travel period ends. Requesting Party. The person who will be reimbursed for travel costs incurred while conducting City business or visiting for employment. Subsistence. Subsistence is an allowance related to meals, based on actual expenses incurred by the Elected Official. SECTION 5. General Guidelines. 1. Airline tickets, lodging, and registrations for the Elected Official will be paid directly by the City. All other costs will be paid directly by the requesting party, and will not be billed to the City. The Elected Official will be reimbursed for actual costs incurred only, subject to the limitations established in this Policy. 2. Travel requests shall be coordinated through the City Clerk. Travel authorization forms are to be submitted to the Mayor prior to the travel date. Travel authorization forms that include air travel should be submitted timely so that discount rates may be obtained. 3. The City Clerk will receive a copy of each approved Travel Authorization Form. The City Clerk will work with the City's Finance Director or his or her designee to determine if an unencumbered appropriation sufficient to cover the estimated cost of the approved travel remains in the Elected Official's travel allocation. If a sufficient balance remains in the Elected Official's travel allocation, the estimated travel cost will be encumbered. If the remaining balance in the Elected Official's travel allocation is insufficient to cover the estimated cost of travel and other monies are not yet available, the requesting Elected Official, the Mayor and City Manager will be notified by the City Clerk. 4. Elected Officials will have an annual individual travel allocation fund assigned to them in the amount of $7,000. If any funds in an Elected Official's allocation remain unused by June 30 of any fiscal year, those funds shall be transferred to the City of Monroe's General Fund. No transfers are permitted from one Elected Official's allocation to another, except as expressly approved by City Council during a City Council meeting. City Council Regular Meeting February 11, 2025 Page 85 5. Elected Officials are unable to use their Council discretionary fund to pay for any travel. 6. Elected officials may make up any shortfall for travel through personal funds. SECTION 6. Travel Advances. The City of Monroe will provide advance funds if the estimated expense exceeds $100 or two night's stay. SECTION 7. Specific Guidelines Relating to Transportation, Subsistence, and Other Cost. 1. Transportation. Transportation may be through common carrier, personal vehicle, or rental vehicle pursuant to the following parameters: A. Common Carrier: 1) Reimbursement for travel by air, rail, bus, or other common carrier shall not exceed the cost of coach fare or the economy rate in the chosen method of travel. 2) The Elected Official shall be personally liable for any charges assessed due to his/her failure to cancel their reservations within the time limit specified by carriers, unless the failure is due to circumstances beyond his/her control, or the change is made at the convenience of the City or in the event of accidents, serious illness or death within the individual's immediate family. B. Personal Vehicle. An Elected Official may be reimbursed for the use of a privately owned vehicle at the federal government rate fir► then in effect. 1) Reimbursement for use of a privately owned automobile shall not exceed the round trip coach air fare of all persons traveling in the car or the mileage allowance, whichever is the lesser. For example: airfare between Charlotte to Los Angeles: $315-$730; mileage reimbursement: $2661.78 (2,442 miles @ $0.545) flying would be the least costfor three travelers, [ flight' 3x$730: $2190, or 3x$315: $945 vs `auto' $2,661 for the use of an automobile by three travelers] 2) Mileage is payable to only one of two or more persons traveling on the same trip in the same vehicle. The names of all persons traveling on the same trip and in the same vehicle must be listed in the designated section of the travel and expense report. 3) The mileage rate is meant to cover all expenses incurred in using a privately owned vehicle, except for items such as parking fees, tolls, or storage fees which are reimbursable; receipts are required. C. Rental Vehicle. Rental vehicles are not to be used unless extenuating circumstances exist, has been substantiated, and use approved in advance by the Mayor. D. Expenses claimed under this section must be supported by an original receipt. 2. Lod ig ng. City Council Regular Meeting February 11, 2025 Page 86 The Travel Authorization Form shall include the lodging accommodations as a part of the travel. A. Lodging accommodations will not be reimbursed by the City to attend conferences or meeting venues that are within 60 miles or 60 minutes of an individual's residence. 1) An extenuating circumstance and/or demonstrated hardship may be considered by the Mayor for the purpose of granting an exception to this provision. 2) Extenuating circumstances may include, but are not necessarily limited to: attending consecutive early morning sessions, or existence of extended periods of commuter congestion into the conference City, or having a reoccurring role as a Presenter or Panel member. Subsistence. Actual costs of meals (substantiated by receipts) or per diem allowance will be reimbursed. In no case, shall the City reimburse any meal greater than the per diem allowance as set forth by the Internal Revenue Service (IRS). In all situations in which a City -issued credit card is used, a detailed receipt showing itemized purchases shall be submitted as a part of the Travel Reimbursement and Expense Report. In some situations, it may be appropriate for the City to bear the cost for a business meal for other individuals. Receipt and supporting documentation as to the purpose shall be provided for the business meal as a part of the reimbursement request or credit card voucher. In no case, shall the cost of alcohol be reimbursed or paid by the City without reimbursement to the City by the Elected Official. 4. Spousal/Companion Travel Costs to Meetings Seminars, and Conferences. A. Spouse or companion travel will not be paid for by the City, and is not eligible as a reimbursable expense. B. Additional costs for overnight stays at a hotel/motel for a spouse/companion shall be paid for by the Elected Official or reimbursed to the City (substantiated by receipts). 5. Telecommunication. The City encourages use of the most cost effective means of telecommunication. The City provides Elected Officials with a monthly stipend for mobile phones which would normally cover most phone usage. However, there are calls of an official nature that may arise while an Elected Official is on official business that requires use of a hotel or venue telephone thereby incurring charges. A. Reimbursement may be provided to an Elected Official choosing to use the hotel or venue phone system for official calls. To be reimbursed, include the individual phone number, whom called, purpose, and the original hotel or phone bill. B. Other calls will not be reimbursed, unless valid supporting documentation is provided. Calls to place of employment or home are reimbursed provided the calls do not exceed ten minutes and are not more frequent than once a day. City Council Regular Meeting February 11, 2025 Page 87 6. Not Reimbursable. There are items which are NOT reimbursable even though incurred during official City business, these items include, but are not necessarily limited to: A. Any miscellaneous expense not supported by a receipt; B. Meals included in registration fees; C. Alcoholic beverages; D. Movie rental; E. Snacks or drinks other than a meal; F. Any traffic fines; G. Clothing, equipment, supply/material purchases. SECTION 8. Procedure for Travel Authorization. Submission approval and processing of reimbursement requests. A. A "Travel Authorization Form" will be completed by the Elected Official and/or City Clerk detailing the purpose of travel, destination, and estimated costs. This form must be signed off on by the Mayor preferably in advance of the travel, but prior to payment of registration fees, hotel reservations and reimbursement of City funds. B. The Travel Reimbursement Request and Expense Report will be prepared by the City Clerk for the Elected Official along with the necessary processing. C. The City's Finance Director or his or her designee will review so as to determine that: 1) the requesting Elected Official first has funds remaining in their travel allocation fund sufficient to permit all or a portion of the travel paid for by the City at the time the Travel Authorization Form is submitted (if the funds available are sufficient only to permit payment by the City for a portion of the requested travel, then the Elected Official will be advised of the amount available to be paid by the City, and if the Elected Official wishes to undertake the travel, he or she will be responsible for all other travel expenses in excess of the amount available from their travel allocation); 2) the Travel Reimbursement Request and Expense Report has been properly approved and that it is mathematically correct; and 3) that requested reimbursements agree to submitted receipts, when required, and are within the limits set by this Policy. If an error in the reimbursement request is found, the requesting party will be informed and the error will be corrected before payment is made. D. If the amount received as a travel advance exceeds the reported travel expense, settlement shall be made at the time the Travel Reimbursement Request and Expense Report is submitted. E. City Credit Card. The use and availability of a City credit card is a convenience for charging expenses that are directly related City Council Regular Meeting February 11, 2025 Page 88 to official City business having a valid public purpose. On the existence of two occasions that an Elected Official uses a City credit card or submits credit card charges for items that per diem was or will be paid, or, where there were prohibited items charged on a City credit card, the Elected Official's City credit card will be terminated for a twelve month period. Thereafter reinstatement of the Elected Officials credit card will be at the discretion of the Mayor. F. Forms: an appropriate format is to be developed and may be revised as necessary to accommodate the needs of the Mayor and City Council and the requirements of the Monroe Finance Department. Forms may include those to transmit Travel Authorizations, Travel Reimbursement Requests, Expense Reports, Travel Allocation Transfers, and any other category necessary to demonstrate the stewardship of public funds. AYES: Council Members Anderson, Anthony, McGee and Thompson NAYS: Council Member Kerr, Mayor Pro Tem Dotson and Mayor Burns C. Budget Amendment. Council Member Anthony moved to adopt Budget Amendment BA- 2025-04 to appropriate the funding for the additional travel: BUDGET AMENDMENT BA-2025-04 1. Amendment necessary to appropriate funding for additional travel funding for City Council. City Council approved $2,000 per person. General Fund: Revenue: Appropriation of Unassigned Fund Balance $14,000 Expense: General Government $14,000 Adopted this 11 h day of February 2025. Council Member McGee seconded the motion. Mayor Burns requested that Council reconsider the effective date and add it to Next Fiscal Year's Budget. The effective date of February 11, 2025 and Budget Amendment passed with the following votes: AYES: Council Members Anderson, Anthony, McGee and Thompson NAYS: Council Member Kerr, Mayor Pro Tem Dotson and Mayor Burns Item No. 38. Awards and Recognitions. Council Member Thompson advised that in July 2024, Council determined that they operated as Council by consensus by majority vote whether a Proclamation was being issued or anything along that line that had the weight of the City's influence, seal or authority behind it. She advised that at the recent Parks and Recreation City Council Regular Meeting February 11, 2025 Page 89 Committee Meeting, volunteers and non -profits were recognized for the work they do on behalf of the City. Council Member Thompson advised that she would have loved to have been a part of this recognition. Council Member Thompson moved that any awards or recognitions that had the weight of the City's influence, seal or authority behind it be presented at City Council Meeting thus allowing consistency and allowing the full Council to be a part of the recognition. Council Member Anthony seconded the motion. Parks and Recreation Commission Chair/Council Member McGee advised that he agreed and there was just a misunderstanding. He advised that for clarity, there was an event through Parks and Recreation that was really successful (Hoops for Hope) and a lot of different departments were involved as well as a lot of partners in the community. Council Member McGee advised that because it was a Parks and Recreation event held at one of the City's Rec Centers and a lot of the community leaders and nonprofits were involved, he wanted to recognize them. Council Member McGee advised that there were so many recognitions and he did not know if that was something that would have been handled during a Regular Council Meeting because these recognitions were not like that. He advised that it was a way for him to recognize the people that were giving their unwavering support to the communities and the Rec Center Directors. Council Member McGee advised that it was not a shot to not include anybody, it was just more about the folks in that department to recognize those people who had done such a great job. He advised that these recognitions were listed on the particular Parks and Recreation Commission Agenda; however, he advised that he understood Council Member Thompson's point. The motion passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None City Attorney Long inquired if this needed to be included as part of a City Policy so that it was memorialized some place in the future where it could be found. Council Member Thompson confirmed yes. Item No 39 Closed Session pursuant to North Carolina General Statute Sections 143- 318.11(a)(1) and (a)(5). Mayor Burns moved to go into Closed Session pursuant to North Carolina General Statute Sections 143-318.11(a)(1) and (a)(5). Council Member Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tem Dotson and Mayor Burns NAYS: None CLOSING COMMENTS City Council Regular Meeting February 11, 2025 Page 90 Upon return from Closed Session, Council shared closing remarks. There being no further business, Council Member Anthony moved to adjourn the City Council Regular Meeting of February 11, 2025 at 10:31 p.m. Council Member Thompson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anderson, Anthony, Kerr, McGee, Thompson, Mayor Pro Tern Dotson and Mayor Burns NAYS: None Attest: 11 Brid e H. Robinson, City Clerk City Council Regular Meeting February 11, 2025 Page 91 Robert A. Burns, Mayor