NC - Burlington: Burlington City Council Meeting

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Burlington City Council Meeting

Burlington City Council Meeting

February 19, 2019

Municipal Building Council Chamber 7:00p.m.

Tagged Passions:council

CALL TO ORDER: Mayor Ian Baltutis

INVOCATION: Mayor Pro Tem Kathy Hykes

RECOGNITION: Steve Shaw, Park Manager, Guilford Mackintosh Park and Marina Awarded North Carolina Non-Sworn Park Ranger of the Year

Tagged Passions:recognition, parks, watershed, and manager

CODE OF ETHICS DISCLOSING CONFLICTS OF INTEREST: Interim City Clerk, Beverly Smith

Tagged Passions:ethics

APPROVAL OF MINUTES:

January 14, 2019 Work Session January 15, 2019 City Council Meeting February 5, 2019 City Council Meeting

ADOPTION OF AGENDA

CONSENT AGENDA:

A. To approve a Designation of Applicants Agent Resolution for the State of North Carolina and FEMA,

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designating the primary agent as Senior Accountant, Brad Bullis, and the secondary agent as Emergency Management Director, Roger Manuel for costs

incurred during Hurricane Michael.
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B. To adopt a Resolution amending the inter-local Regional Geographic Information System agreement between the City of Burlington, City of Graham,

and Town of Elon extending the duration through fiscal year 2022-2023.
Tagged Passions:GIS

C. To adopt a Resolution approving the bid and authorizing execution of a contract between the City of Burlington and PDC Hardscapes, Inc, for the

construction of the Graham Hopedale Sidewalk Improvements Project.
Tagged Passions:rfp, RFP, construction, streets, contract, and Pedestrian

D. To reject all bids for the construction of the Arboretum building at Willowbrook Park.

Tagged Passions:rfp, RFP, construction, and parks

E. To adopt a banking resolution for an account with American National Bank authorizing the City Manager, Director of Finance Risk Management and the

Accounting/Treasury Manager as signers on the account.
Tagged Passions:finance, risk, administrator, and manager

F. To award a design-build contract for preconstruction services for North Park Pool Design to Miles McClellan Construction and approve Budget

Amendment 2019-30 North Park Pool Project Ordinance to receive and use grant funds awarded by the North Carolina Department of Cultural Resources to fund the expense.
Tagged Passions:grant, funding, construction, ordinance, budget, contract, services, and parks

2

UNFINISHED BUSINESS:

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1. City Council will consider an application to rezone from R-15, Residential District, to CR, Conditional Residential District, for the use of a 114

unit townhouse development. The properties are located on the north side of Garden Road between Whitt Avenue and Boone Station Drive, referenced as Alamance County parcel identification numbers 112523 and 107226 . (The Public Hearing was held and closed on January 15, 2019. Consideration was continued from the February 5, 2019, City Council Meeting.)
Tagged Passions:streets, development, zoning, Development, property, and hearing

PUBLIC HEARING:

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2. City Council will consider an application to rezone from O I Office and Institutional District to B-1 Neighborhood Business District. The property

is located at 1105 South Church Street, referenced as Alamance County tax identification number 125383.
Tagged Passions:business, council, streets, taxes, Taxes, zoning, church, property, and neighborhood

NEW BUSINESS:

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3. City Council will consider temporarily closing Front Street from Spring Street to Worth Street during the Burlington Junior Woman s Club annual 5K

fundraising event on Saturday, April 6, 2019, from 6:00am until 11:00am, conditional upon meeting all requirements of the City of Burlington s Special Event Permit application.
Tagged Passions:council, streets, events, and fundraising

4. City Council will consider the following requests during the March 16, 2019 B-Town Event s 4th Annual St. Paddy s Day Bash and Parade:

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a) Temporarily Close the following streets for the designated times:

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3:00pm -11:00pm Spring Street from Davis Street to Front Street Davis Street from Worth Street to Spring Street

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3:00pm-9:00pm Main Street from Maple Avenue to Front Street

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6:00pm-9:00pm Davis Street from Church Street to Main Street Worth Street from Maple Avenue to Front Street Front Street from Main Street to

Lexington Avenue Lexington Avenue from Front Street to Webb Avenue
Tagged Passions:streets and church

b) Request to extend business premises for the Rusted Bucket Tavern to host a beer garden on

Tagged Passions:alcohol and business

March 16, 2019, during the B-Town Event s 4th Annual St. Paddy s Day Bash and Parade. Approval is contingent upon meeting all insurance requirements.

Tagged Passions:events and insurance

5. City Council will consider a resolution directing staff to request General Assembly local legislation for

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authorization for the City of Burlington to levy a 3 room occupancy tax.

Tagged Passions:taxes and Taxes

PUBLIC COMMENT PERIOD

3

CITY COUNCIL COMMENTS

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ADJOURN

City Council Meeting Agenda Request

AGENDA ITEM: Recognition of Steve Shaw for of Non-sworn NC Park Ranger of the Year

Tagged Passions:recognition and parks

Meeting Date: Feb. 19, 2019

Department: Recreation Parks

Tagged Passions:parks and recreation

Presenter/Submitted by: Tony Laws, Recreation Parks Director

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Summary Steve Shaw, Lake Director of the Guilford Mackintosh Park and Marina, was selected as the 2018 Non-Sworn Park Ranger of the Year for the

state of North Carolina during the 2019 Park Ranger Institute. The Non-Sworn Park Ranger of the Year award is presented to an individual who exemplifies all personal and professional traits necessary to carry out their duties in the most efficient and effective manner possible. Examples could include, but are not limited to: work production, arrests/citations, voluntary overtime, program development, community relation efforts, education efforts with school groups, scouts, disadvantaged youth, elderly, etc..
Tagged Passions:development, program, Development, parks, watershed, education, and youth

Background Steve is on his 11th year of employment with the City of Burlington and continues his service on a daily basis willing to assist, develop

and collaborate with other staff on various areas of programming. From nature camps and outdoor programming to a friendly face within the park, Steve strives to make lake and park visitors feel welcomed and appreciated.
Tagged Passions:employment and parks

Financial Impact/Projected Cost NA

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Funding Source NA

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Recommendation Recognize Tony Laws to introduce Steve Shaw and speak to his state-wide award.

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Action Requested/Date Recognition at 2/19/19 Council Meeting

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City Manager Comments/Recommendation: Congratulations Steve

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A g e n d a I t e m c o n t i n u e d P a g e 2

Suggested Motion(s) NA

Attachments (Number List Each Item) NA

Burlington Recreation Parks Press Release

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Lake Director Steve Shaw Receives the 2019 Non-Sworn Park Ranger of the Year Award

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Steve Shaw, Lake Director of the Guilford Mackintosh Park and Marina, was selected as the 2018 Non- Sworn Park Ranger of the Year for the state of

North Carolina during the 2019 Park Ranger Institute held January 6th through the 11th, in Hendersonville, NC. The Park Ranger Institute is a training opportunity for sworn, non-sworn, naturalists, line officers or administrators in the field of parks and recreation to gain knowledge and training in subjects affecting today's parks.
Tagged Passions:parks, watershed, training, administrator, and recreation

Tony Laws, Director of Burlington Recreation Parks states the following: Steve has been a very dedicated and hardworking employee during his time

with our dept. He takes great pride in the park and marina and he and his staff always keep it in excellent condition.
Tagged Passions:parks, watershed, and recreation

Steve is on his 11th year of employment with the City of Burlington and continues his service on a daily basis willing to assist, develop and

collaborate with other staff on various areas of programming. From nature camps and outdoor programming to a friendly face within the park, Steve strives to make lake and park visitors feel welcomed and appreciated , stated Lisa Wolff, Assistant Director, Burlington Recreation Parks.
Tagged Passions:employment, parks, and recreation

The Non-Sworn Park Ranger of the Year award is presented to an individual who exemplifies all personal and professional traits necessary to carry out

their duties in the most efficient and effective manner possible. Examples could include, but are not limited to: work production, arrests/citations, voluntary overtime, program development, community relation efforts, education efforts with school groups, scouts, disadvantaged youth, elderly, etc.
Tagged Passions:development, program, Development, parks, education, and youth

Steve s dedication and involvement in the Park Ranger Institute has benefited him both professionally and personally on numerous levels. Shaw stated,

it is an honor to be nominated and chosen for this award among many park peers. Thanks go to the City of Burlington for giving me the opportunity to attend this annually.
Tagged Passions:parks

Please congratulate Steve Shaw, Lake Director of the Guilford Mackintosh Park Marina on this award.

Tagged Passions:parks and watershed

MINUTES OF THE CITY OF BURLINGTON CITY COUNCIL WORK SESSION

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Monday, January 14, 2019

Page 1

The City Council of the City of Burlington held a regularly scheduled work session in the Municipal Conference Room, 425 South Lexington Avenue,

Burlington, N.C., on January 14, 2019, at 5:00 p.m.
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Council Members Present: Mayor Ian Baltutis Mayor Pro Tem Kathy Hykes Council Member Robert Ward Council Member James Butler Council Member Harold

Owen
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Council Members Absent: None

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Staff Present: City Manager, Hardin Watkins City Attorney, David Huffman City Clerk, Renee Ward

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Rachel Kelly, Nolan Kirkman, Bob Patterson, Peggy Reece, Peter Bishop, Todd Lambert, Mike Nunn, Lisa Wolff

Media Present: Kate Croxton, Times-News, Tomas Murawksi, Alamance News

A. Auditors Report FY 2017-2018

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Presented by: Peggy Reece, Finance and Risk Management Director Patricia Rhodes, Partner, Stout Stuart McGowen King, LLP

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Director of Finance and Risk Management, Peggy Reece introduced Ms. Patricia Rhodes and Mr. Tom McGowen, of Stout, Stuart, McGowen King, LLP.

Tagged Passions:finance and risk

Ms. Patricia Rhodes stated this is an opportunity to discuss the audit report for June 30, 2018 and stated the auditors work for Council. She stated

the Comprehensive Annual Financial Report (CAFR) was prepared by the City of Burlington Finance Staff.
Tagged Passions:finance, council, audit, and financial report

Ms. Rhodes pointed out that the Government Finance Officers Association awarded the Certificate of Achievement for Excellence in Financial Reporting

for the year ending June 30, 2017; marking the nineteenth consecutive year the award has been received by the City of Burlington, which is a great accomplishment.
Tagged Passions:finance and financial report

Page 2

Ms. Rhodes stated as read in the opinion letter, the auditor s opinion on the financial statements is an unmodified opinion, which is the best and

cleanest opinion that can be received.
Tagged Passions:finance, audit, and financial report

Ms. Rhodes reported there were no difficulties performing the audit, and that there were no material disagreements with management and thanked the

City Council and City staff for their assistance to them during the audit.
Tagged Passions:council and audit

B. Economic Development Quarterly Update

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Presented by: Peter Bishop, Economic Development Director

Tagged Passions:economic development, development, and Development

Economic Development Director, Peter Bishop reported on recent economic development, business- and growth-related activities, including updates to

ongoing projects.
Tagged Passions:business, economic development, development, Development, and growth

Mr. Bishop shared that unemployment in Burlington has dropped from 4.6 to 3.2 and the City of Burlington continues to grow with almost 55,000 people,

better than 7 since the 2010 Census. He stated there are almost 70,000 people in Burlington in a given day with workers and visitors coming in the area and there s 40,000 jobs in the City of Burlington. He reported that residential permits and values are up from 8 2017-18, increasing every year since 2014.
Tagged Passions:jobs

Opportunity Zones: Mr. Bishop provided an overview of the Opportunity Zones. He stated this program aims to encourage private investment in

low-income communities and that it intended to attract new equity in low-income areas by deferring or reducing tax liability for profits earned from the investment. He stated there are three basic benefits and outlined the identified opportunity zones.
Tagged Passions:taxes, Taxes, program, investment, and poverty

Page 3

Mr. Bishop explained there are 8,700 Opportunity Zones nationwide, 252 in North Carolina, 4 in Alamance County and 2 in Burlington.

Page 4

Mr. Bishop stated staff is working on completing a draft investment prospectus document to inform investors on sites, projects and statistics. They

will be working directly with the local development community through multiple channels to structure projects and attract capital.
Tagged Passions:sites, development, Development, and investment

Site Preparation Product Development: Mr. Bishop reported on the status of Burlington Site Preparation activities. He provided an update on the

assessment process of the City landfill. He stated the evaluation will provide site development options for this property and that the City is leveraging a cost share program through the North Carolina Department of Environmental Quality (NCDEQ) to assist with the process.
Tagged Passions:landfill, development, solid waste, program, environment, Development, and property

Mr. Bishop stated another site preparation activity is underway involving an airport sewer project. This is another cost share project with partners

in the airport and the County to provide service and an expansion opportunity to a greater universe of folks through our provision of infrastructure.
Tagged Passions:expansion, sewer, airport, utility, and Utility

Page 5

NC Biotech Center EDA Update Mr. Bishop provided an update on the NC Biotechnology Center grant with Alamance Community College and LabCorp. He

stated a DNA sequencer has been purchased with the grant funds and that LabCorp was able to secure Corporate donations to cover ancillary machinery and equipment for the sequencer that provided even more dollars to support this effort.
Tagged Passions:grant, funding, equipment, donation, Donation, purchasing, and university

Development Updates Mr. Bishop reported that the outcome of the Alamance Foods Expansion has increased the value to 16.4 million dollars. He shared

they have retained and added jobs since their 2016 request was approved by the City of Burlington.
Tagged Passions:expansion, development, Development, and jobs

He reported that Meredith-Webb signed an incentive agreement in 2015 with City Council for a 10 million-dollar investment. In 2019, they have

invested just under 9.5 million dollars in their new infrastructure. He stated the company has added new pressing machines, embossing machines, and printing machines and they are hoping to add 20,000 square feet of additional warehouse capacity.
Tagged Passions:council, investment, and incentive

Mr. Bishop reported that CS Carolina is building a 3-story steel structure to add capacity to their yard production facility. He stated this was a

7.1 million-dollar project that Council approved in 2014.
Tagged Passions:facility and council

Mr. Bishop reported that May Hosiery Loft Apartments will be leasing in August of 2019. He stated they hope to have a model apartment available in

March or April of 2019 to tour and potentially sign up to lease a property.
Tagged Passions:leasing and property

Mr. Bishop reported the latest Downtown Burlington projects have successfully began their openings. The Burlington Beer Works hopes to officially

open in March 2019 and the Main Street Bottle Shop opened a few months ago.
Tagged Passions:alcohol, streets, and downtown

Mr. Bishop shared a video and reported on recent business to Burlington, Your Local Greens. He invited Mr. Doug Calloway, Principal of Your Local

Greens to share what the business produces in their facility.
Tagged Passions:business and facility

Mr. Calloway stated, Your Local Greens is a hydroponic facility that grows 500-600 pounds of greens per day in the building in a controlled

environment with no pesticides. He stated they have about 20 employees and that forty percent of their employees have special needs. They participate in a program with the state to provide their special needs employees a 3,000 scholarship towards their classes at Alamance. He stated they strive to work with local businesses and hire locally. He stated they chose Burlington because they need good water to produce their greens and their research of City of Burlington led them here because the water quality is so good.
Tagged Passions:business, facility, agriculture, utility, Utility, program, Conservation, environment, water, and pesticide

Mr. Bishop reported on various businesses that have recently opened in Burlington and stated they are doing well.

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Page 6

C. Mackintosh on the Lake Connection to Huffman Mill Road

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Presented by: Assistant City Manager, Development Services, Nolan Kirkman

Tagged Passions:development, services, Development, administrator, and manager

Assistant City Manager, Development Services, Nolan Kirkman reported on the feasibility and costs of connecting the Mackintosh on the Lake

neighborhood to Huffman Mill Road.
Tagged Passions:streets, development, services, Development, administrator, manager, and neighborhood

Mr. Kirkman reported the connection could be accomplished by extending the existing Loch Ridge Parkway approximately .6 miles eastward along the

existing Greeson Lane alignment to Huffman Mill Road and terminating across from Harris Road.
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Mr. Kirkman stated staff from Transportation, Engineering and Planning/GIS have looked at the feasibility and cost of such a connection and are

prepared to report those findings.
Tagged Passions:planning, GIS, and transportation

Page 7

Mr. Kirkman reported that Engineering has estimated costs for two different cross-section scenarios as described below.

a. 20 ribbon pavement extension in 70 ROW i. least expensive option to make the connection

ii. would initially only provide vehicular access iii. would require improvements with future development

Tagged Passions:development and Development

1. sidewalks 2. widening with curb and gutter to match existing Loch Ridge Parkway 3. water line

Tagged Passions:streets, utility, Utility, water, and Pedestrian

iv. estimated cost is 735,350

b. 41 curb and gutter extension in 70 ROW i. design/cross-section would match existing Loch Ridge Parkway

ii. includes curb and gutter iii. includes water installation so the street would not have to be torn up in the future when

Tagged Passions:streets, utility, Utility, and water

development occurs; also provides water quality benefits now iv. would require sidewalks with future development v. estimated cost is 1,507,350

Tagged Passions:streets, utility, development, Utility, water, Development, and Pedestrian

Mr. Kirkman stated it would take a year and a half to two years to construct the extension with the major variable being the time it takes to acquire

the needed rights-of-way from five or six property owners.
Tagged Passions:property

Mayor Pro Tem Kathy Hykes complimented staff on the research of this project.

City Manager, Hardin Watkins asked for guidance and direction with an understanding of where this project fits in with our other priorities.

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After further discussion, Council consensus was to discuss the prioritization of the project possibly at an upcoming Council Retreat.

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D. Burlington-Alamance Airport Outfall

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Presented by: City Engineer, Todd Lambert

Mr. Todd Lambert, City Engineer reported the bidding process opened for this project on November 6, 2018, for the Burlington-Alamance Airport

Outfall.
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He reported on the history of the request and that it is the Engineering Department s opinion that rejecting all bids for the project is in the City

s best interest. This request to reject the bids is on the January 15, 2019, City Council meeting consent agenda for consideration.
Tagged Passions:rfp, RFP, and history

Mr. Lambert stated that staff will present their findings for alternative routes that provide better regional sewer service to that area to Council

sometime in the spring of 2019.
Tagged Passions:council, sewer, utility, and Utility

Page 8

E. Boards and Commissions Reports

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Planning and Zoning Commission - None Traffic Commission None Public Transit Advisory Commission (PTAC) - None

Tagged Passions:planning, boards and commissions, zoning, Public Transit, and traffic

F. City Manager Comments There were no comments.

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G. Council Comments: Mayor Baltutis shared his recent attendance at NCDOT Transportation Summit and shared a copy of its annual report with Council.

Tagged Passions:council and transportation

ADJOURN Meeting adjourned at 6:22 p.m.

Beverly D. Smith Beverly D. Smith Interim City Clerk

January 14, 2019 Work Session

MINUTES OF THE CITY OF BURLINGTON

CITY COUNCIL MEETING Tuesday, January 15, 2019

The City Council of the City of Burlington held a regularly scheduled meeting in the Council Chamber, Municipal Building, 425 South Lexington Avenue,

Burlington, NC, 27215, on January 15, 2019, at 7:00 p.m.
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Mayor Ian Baltutis presided

Council Members Present: Mayor Ian Baltutis Council Member Robert Ward Council Member James Butler Council Member Harold Owen

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Staff Present: City Manager, Hardin Watkins City Attorney, David Huffman City Clerk, Renee Ward

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Council Members Absent: Mayor Pro Tem Kathy Hykes

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CALL TO ORDER: Mayor Ian Baltutis

INVOCATION: Council Member Robert Ward

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PROCLAMATION: Renee Ward - Appreciation for Service as Burlington City Clerk

Tagged Passions:recognition

RECOGNITION: Aarron Barr, Burlington Animal Services, Volunteer

Tagged Passions:recognition, services, animal control, and volunteer

INTRODUCTIONS:

Al Cablay, Public Works Director Jay Mebane, Inspections Director

Tagged Passions:Public Works and public works

REMEMBRANCE City Employee William Sharpe, Streets Division

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CODE OF ETHICS DISCLOSING CONFLICTS OF INTEREST: City Clerk Renee Ward There were no conflicts of interest reported.

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APPROVAL OF MINUTES:

December 3, 2019 Work Session December 4, 2019 City Council Meeting

Upon a motion by Council Member Ward, seconded by Council Member Owen, it was resolved

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unanimously to approve the above listed minutes.

ADD-ON: Consent Agenda - Item H: Reject Bids Burlington-Alamance Airport

Tagged Passions:rfp, RFP, and airport

Upon a motion by Council Member Owen, seconded by Council Member Butler, it was resolved

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unanimously to approve the Add-On.

2

ADOPTION OF AGENDA

Upon a motion by Council Member Ward, seconded by Council Member Owen, it was resolved

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unanimously to adopt the agenda with the Add-On.

CONSENT AGENDA:

A. To approve waiving bulk collection fees for the period of March 4, 2019, through April 27, 2019.

B. To approve an agreement between the City of Burlington and Alley, Williams, Carmen and King, Inc., for inspection and plan review services on an

as needed basis contingent upon proof of adequate insurance documentation.
Tagged Passions:streets, services, and insurance

C. To approve Budget Amendment 2019-18 to allow Burlington Fire Department to use donations received for Departmental Supplies in the Fire Prevention

Bureau. BA2019-20 Increase Revenues: 01004530 30111 Contributions Fire 1,300 Increase Expenditures: 01053532 43300 Departmental Supplies 1,300
Tagged Passions:budget, donation, fire departments and districts, and Donation

D. To approve Budget Amendment 2019-19 to allow Burlington Animal Services to receive donations to the Animal Services Staff Training account.

BA2019-19 Increase Revenues: 01004503 30104 Donations Animal Shelter 1,363 Increase Expenditures: 01052503 41401 Staff Training 1,363
Tagged Passions:budget, donation, Donation, services, animal control, and training

E. To approve Budget Amendment 2019-26 to allow Burlington Animal Services to receive donations to use for medical care of the animals. BA2019-26

Increase Revenues: 01004503 30104 Donations Animal Shelter 7,100 Increase Expenditures:
Tagged Passions:budget, donation, Donation, services, and animal control

01052503 41401 Staff Training 1,000 01052503 43319 Medical Supplies 6,100

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F. To approve Budget Amendment 2019-27 to allow Burlington Police Department to use funds received from Alamance County to apply them to Burlington

Communications (911) expenditures. BA 2019-27 Increase Revenues: 01008000-30553 Miscellaneous 62,530 Increase Expenditures: 01051519-43390 Equipment not Capitalized 15,494 01051519-47400 Equipment 47,036
Tagged Passions:funding, equipment, 911, budget, public safety, communications, and Communications

3

G. To reclassify and restructure Public Works, Administrative Specialist position, Level 17, to an Animal Services, Grants and Development

Coordinator position, Level 20, effective upon Council approval and to approve Budget Amendment 2019-29 to fund the request. BA2019-29
Tagged Passions:grant, council, budget, development, services, animal control, Development, Public Works, and public works

Decrease Expenditures:

01060630 40200 Personnel Services 21,000 01060630 40500 FICA Taxes 1,700 01060630 40600 Group Insurance 2,400 01060630 40700 Retirement Expense 4,300

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01060630 40800 401K 1,100 01060600 41100 Telephone 500 01060600 41401 Staff Training 1,500 01060600 43300 Departmental Supplies 500 01060620 43600

Uniforms Safety Apparel 300 01060630 45300 Dues Subscriptions 200
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Increase Expenditures:

01052503 40200 Personnel Services 21,000 01052503 40500 FICA Taxes 1,700 01052503 40600 Group Insurance 2,400 01052503 40700 Retirement Expense 4,300

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01052503 40800 401K 1,100 01052503 41100 Telephone 500 01052503 41401 Staff Training 1,500 01052503 43300 Departmental Supplies 500 01052503 43600

Uniforms Safety Apparel 300 01052503 45300 Dues Subscriptions 200
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H. To approve rejecting the bids for the Burlington-Alamance Airport Outfall which received on

Tagged Passions:rfp, RFP, and airport

November 6, 2018, to allow City staff to further develop alternative routing and funding.

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Upon a motion by Council Member Butler, seconded by Council Member Owen, it was resolved unanimously to approve the foregoing consent agenda.

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PUBLIC HEARINGS:

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ITEM 1: CITIZEN COMMENTS - AMENDMENT 2018-2019 COMMUNITY DEVELOPMENT ANNUAL ACTION PLAN - NORTH PARK PHASE 1C

Tagged Passions:development, Development, parks, and community development

Mayor Baltutis announced that a public hearing had been set for citizens to comment on an amendment to the scope of work for North Park Phase 1C

project, in the 2018-2019 Annual Action Plan.
Tagged Passions:parks and hearing

Assistant Director of Planning and Community Development Director, David Beal presented the

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original language for North Park Phase 1C scope of work and the proposed language for the amendment. He stated an amended version of the Action Plan

was available for citizen review in the Planning and Community Development Department from November 26, 2018 through December 23, 2018, and no written public comments were received.
Tagged Passions:planning, development, Development, parks, and community development

4

The public hearing was opened, and the following person spoke: Mr. Celo Faucette, 124 Faucette Avenue, spoke in favor of the amendment and thanked

Council and City staff for the improvements made at the North Park facilities.
Tagged Passions:council, parks, and hearing

Motion by Council Member Butler, seconded by Council Member Owen, it was resolved unanimously

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to close the public hearing.

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Motion by Council Member Owen, seconded by Council Member Ward, it was resolved unanimously

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to approve the amendment to the 2018-2019 Community Development Annual Action Plan.

Tagged Passions:development, Development, and community development

ITEM 2: REZONING GARDEN ROAD

Tagged Passions:streets and zoning

Mayor Baltutis announced a public hearing has been set to consider an application to rezone from R-15, Residential District, to CR, Conditional

Residential District, for the use of a 114-unit townhouse development. The properties are located on the north side of Garden Road between Whitt Avenue and Boone Station Drive, referenced as Alamance County parcel identification numbers 112523 and 107226.
Tagged Passions:streets, development, zoning, Development, property, and hearing

Director of Planning and Community Development Amy Nelson stated that this proposal is

Tagged Passions:planning, development, Development, and community development

dense at 6.2 units per acre and is located to a nearby apartment complex of Wayfair at Garden Crossing on Garden Road which has 25.34 units per acre,

for a comparison.
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She reported that at the November 26, 2018 Planning and Zoning Commission meeting, the commission heard concerns from neighbors about landscaping,

the height of the units, number of units, traffic, signage and the connection to Collinwood Drive. The developer held a public meeting after notifying 59 property owners, with 16 of these residents in attendance. She stated the Planning and Zoning Commission recommended approval of the request by a 5-2 vote.
Tagged Passions:planning, boards and commissions, zoning, signage, advertising, property, and traffic

Ms. Nelson stated the City s Comprehensive Plan calls for residential and commercial in the area. The residential includes multi-family property.

Commercial and O I are already in the area. Therefore, staff has recommended approval of the rezoning.
Tagged Passions:strategic, zoning, property, and commercial

Mr. Mark Reich the engineer for the developer provided details of the plans for the development and asked Council to approve the rezoning.

Tagged Passions:council, development, zoning, and Development

The public hearing was opened, and the following persons spoke: Ms. Kristina Shuman, 540 Whitt Drive, spoke in opposition of the rezoning. Mr. Tom

Burgess, 326 Coachlight Trail, spoke in opposition of the rezoning. Mr. Raymond Stuart, 518 Whitt Drive, spoke in opposition of the rezoning.
Tagged Passions:zoning, trails, and hearing

Mr.Conevich, spoke in opposition of the rezoning and asked about how the City would respond to traffic.

Tagged Passions:zoning and traffic

Mr. David Lazzo, Howling Wolf Residential, LLC, the developer of the property responded to questions about the architecture of the proposed townhomes

and was unable to state the actual height at this time until it is known which company will be building the townhomes. He stated the plans are for two-story townhomes that meet the requirements.
Tagged Passions:property

5

Mr. Mark Reich stated the developer is also proposing to put in a right turn lane for westbound traffic and a left turn lane for east bound traffic

at the intersection of Collinwood and Garden Road.
Tagged Passions:streets and traffic

Upon a motion by Council Member Ward, seconded by Council Member Butler, it was resolved unanimously to close the public hearing.

Tagged Passions:council and hearing

Upon a motion by Council Member Ward, seconded by Council Member Butler, it was resolved unanimously to continue consideration of the rezoning to the

February 5, 2019, City Council meeting.
Tagged Passions:zoning

ITEM 3: REZONING STOKES STREET

Tagged Passions:streets and zoning

Mayor Baltutis announced that a public hearing had been set to consider an application to rezone from MF-A, Multifamily District, to B-2, General

Business District, being a portion of Alamance County tax identification numbers 133419 and 133425. The properties are located at 409 Stokes Street and being a portion of Alamance County tax identification numbers 133419 and 133425.
Tagged Passions:business, streets, taxes, Taxes, zoning, and hearing

Director of Planning and Community Development, Amy Nelson stated this proposal is to allow the owner of the two lots involved to add a lean-to onto

the rear the commercial building already on the property to meet set-back requirements.
Tagged Passions:planning, development, Development, property, commercial, and community development

Ms. Nelson reported there are no foreseeable problems with the owner s request. At the Planning Zoning meeting, no one spoke in opposition. City

staff recommends approval and the Planning Zoning Commission voted unanimously to approve the rezoning request.
Tagged Passions:planning, boards and commissions, and zoning

Ms. Lora Toy, owner of the properties stated the purpose of the request to add a 20-foot by 60- foot lean-to on the backside of the property and

asked Council to consider approving.
Tagged Passions:council and property

The public hearing was opened, and the following person spoke: Gloria Bradsher, 413 Cates Avenue, Burlington, asked to clarify if her property was

involved.
Tagged Passions:pets, vocational education, property, and hearing

Ms. Nelson responded the 413 Cates Avenue was not a property involved in the request.

Tagged Passions:pets, vocational education, and property

Upon a motion by Council Member Butler, seconded by Council Member Ward, it was resolved unanimously to close the public hearing.

Tagged Passions:council and hearing

Council Member Butler moved that the following ordinance be adopted to rezone from MF-A Multifamily District to B-2 General Business District for

properties located at 409 Stokes Street and being a portion of Alamance County tax parcel identification numbers 133419 and 133425.
Tagged Passions:ordinance, business, council, streets, taxes, Taxes, zoning, and property

Consistency Statement: Council Member Butler stated that this motion is based upon the consistency of the proposed rezoning with the Comprehensive

Plan, in that the Future Land Use map in Section 4 Land Use of the Comprehensive Plan calls for this area to have traditional residential and mixed use and the property is contiguous to existing B-2 zoning now. This action is reasonable and in the public interest in that there would be no impact to the adjacent MF-A lots for residential use and that the subject property is rezoned as requested this amendment is compatible with existing land uses in the area.
Tagged Passions:council, strategic, zoning, and property

Ordinance 19-01

Tagged Passions:ordinance

ORDINANCE TO AMEND OFFICIAL ZONING MAP (Rezone properties located on Stokes Street)

Tagged Passions:ordinance and zoning

6

BE IT ORDAINED by the City Council of the City of Burlington, North Carolina:

Tagged Passions:council

Section 1. That the official zoning map, an element of the Burlington Zoning Ordinance, and the Comprehensive Land Use Plan are hereby amended by

rezoning MF-A Multifamily District to B-2 General Business District. The properties are located at 409 Stokes Street and being a portion of Alamance County tax identification numbers 133419 and 133425.
Tagged Passions:ordinance, business, taxes, Taxes, and zoning

Section 2. That all ordinances or parts of ordinances inconsistent or in conflict with this ordinance are

Tagged Passions:ordinance

hereby repealed.

Section 3. That this ordinance shall take effect upon passage.

Tagged Passions:ordinance

Adopted this 15th day of January 2019, by the City Council of the City of Burlington, NC.

Tagged Passions:council

The foregoing ordinance was seconded by Council Member Owen, and after full discussion, the same was voted upon and declared duly adopted, no

amendments having been offered and consent having been given to place the same upon its immediate passage. Councilmembers voting in favor of the motion to adopt the foregoing ordinance were Baltutis, Ward, Butler and Owen.
Tagged Passions:ordinance, council, and voting

ITEM 4: ADOPT AN ORDINANCE AMENDING BURLINGTON CITY CODE, CHAPTER 22, ARTICLE II, SMOKING AND POLLUTION CONTROL

Tagged Passions:ordinance, Smoking, and smoking

Mayor Baltutis announced that a public hearing had been set to consider adopting

Tagged Passions:hearing

an Ordinance amending Burlington City Code, Chapter 22, Article II Smoking and Pollution Control.

Tagged Passions:ordinance, Smoking, and smoking

Kacie Lynch, 477 Retreat Lane, Burlington, Elon-Alamance Health Partner fellow presented on the initiative to change the existing Ordinance.

Tagged Passions:health and ordinance

The Public Hearing was opened, and the following persons spoke in favor of the amendment to prohibit all tobacco use in the City park systems:

Tagged Passions:parks, hearing, and tobacco

Sally Gordon, 244 Canary Place, Burlington, Elon University Graduate Shawn Perkins, 1919 Basin Creek Road, Burlington, Cone Health Cancer Center

Marcy Green, 6808 Winters Drive, Whitsett, Glenda Linens, 3109 Winfield Ridge Drive, Burlington Mary Gillett, 1002 Mt. Pillard Drive, Greensboro Gavin Stevens, 1109 Providence Court, Elon Katie Latta, spoke in support that the Kernodle Senior Center be designated as a smoke free zone David Durham, 1013 Brookview Drive, Elon Chris Honeycutt, 1511 Wells Court, Burlington. Dr. Yun Boylston, 5005 Windsor Court, Elon Richard Parker, 417 S. Broad Street, Burlington
Tagged Passions:health, legal, streets, university, Smoking, court, and smoking

City Manager Hardin Watkins responded to enforcement of the amended ordinance. He stated that there will be a fine of 50.00 to issue if necessary.

Signage will be posted through the locations to educate the public.
Tagged Passions:ordinance, signage, advertising, administrator, and manager

Upon a motion by Council Member Butler, seconded by Council Member Ward, it was resolved unanimously to close the public hearing.

Tagged Passions:council and hearing

7

Council Member Owen asked City Attorney David Huffman about smoking along the sidewalks of the Paramount Theater and the May Memorial Library

downtown, and how this ordinance amendment applies to these locations.
Tagged Passions:ordinance, legal, council, streets, downtown, Smoking, Pedestrian, library, and smoking

City Attorney David Huffman stated that the amendment adds additional areas as well as expands to all tobacco use and that it would allow staff to

enforce in the Depot area and also covers facilities operated by Recreation and Parks.
Tagged Passions:legal, parks, tobacco, and recreation

Council Member Ward moved for the adoption of the following Ordinance:

Tagged Passions:ordinance and council

Ordinance 19-02

Tagged Passions:ordinance

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGTON AMENDING CHAPTER 22 OF THE CITY CODE

Tagged Passions:ordinance and council

Whereas, in Chapter 22, Article II Smoking and Pollution Control of the Code of Ordinances, the City of Burlington protects the public health, safety

and welfare by prohibiting smoking in a wide range of public places as authorized by G.S. 130A-498.
Tagged Passions:health, ordinance, Smoking, and smoking

Whereas, research indicates that, during active smoking, outdoor levels of secondhand smoke may be as high as indoor levels and may pose a health

risk for people in close proximity, and that some hazard exists beyond 30 feet.
Tagged Passions:health, risk, Smoking, and smoking

Whereas, the United States Food and Drug Administration (FDA) announced that an analysis of e- cigarette samples contained nicotine and toxic

chemicals and that aerosol emitted from e- cigarettes contains nicotine as well as water vapor, making e-cigarette use less safe than clean air to the nearby non-user.
Tagged Passions:drugs, utility, Utility, water, e-cigarette, E-CIGARETTE, and tobacco

Whereas, the 2016 Surgeon General s report on E-Cigarette Use Among Youth and Young Adults states that e-cigarette use has become a public health

concern.
Tagged Passions:health, e-cigarette, youth, E-CIGARETTE, and tobacco

Whereas, this Council affirms its commitment to the health of the general public and in particular youth who use the facilities and grounds of the

City of Burlington s Recreation and Parks Department.
Tagged Passions:health, council, parks, youth, and recreation

Whereas, this Council finds and declares that, in order to protect the public health and welfare, it is in the best interest of the citizens of the

City of Burlington to amend its Smoking and Pollution Control ordinance to expand the locations where smoking is prohibited on the grounds of the City s parks and greenways system, and, further, to prohibit the use of all tobacco products, including e-cigarettes, in those same locations.
Tagged Passions:health, ordinance, council, parks, Smoking, e-cigarette, E-CIGARETTE, tobacco, and smoking

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLINGTON:

Tagged Passions:council

The following amendments and additions to Chapter 22, Article II Smoking and Pollution Control of the Burlington Code of Ordinances are hereby

adopted:
Tagged Passions:ordinance, Smoking, and smoking

Section 1. Section 22-31 of the Code entitled Definitions is hereby amended to add the following definitions:

8

Burlington Parks System/ City Parks System bodies of water, land and facilities owned, managed, leased, or occupied by Burlington Recreation and

Parks. This includes but is
Tagged Passions:leasing, utility, Utility, water, parks, and recreation

not limited to: grounds, city parks, playgrounds, natural areas, golf course, trails and greenways, streams, municipal lakes or other bodies of

water, parking lots and sidewalks bordering the park system and bus stop shelters on the City of Burlington Parks System grounds. E-cigarette - Any electric oral device that employs a mechanical heating element, battery or electronic circuit regardless of shape or size and that can be used to heat a liquid nicotine solution or any other substance, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed or sold as an e- cigarette, e-cigar, e-pipe, or under any other product name or description. Greenways A strip of undeveloped land near an urban area, set aside for recreational use or environmental protection. Grounds - An unenclosed area owned, managed, leased, or occupied by the City of Burlington. Tobacco/Tobacco Product Any product containing or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, or ingested by any other means, including but not limited to cigarettes; e-cigarettes; cigars; hookah; little cigars; snuff; and chewing tobacco. A tobacco product excludes any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, and a tobacco dependent product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.
Tagged Passions:drugs, market, leasing, sale, streets, utility, Utility, Public Transit, environment, water, electric, trails, Smoking, e-cigarette, Pedestrian, golf, E-CIGARETTE, tobacco, recreation, parking, and smoking

Section 2. Section 22.32 of the Code is hereby amended to be entitled Smoking and use of tobacco products prohibited in specific public places and is

further amended to delete the last subsection (11)
Tagged Passions:Smoking, tobacco, and smoking

(11) The following facilities owned or operated by the City of Burlington for public use: playgrounds, youth athletic fields including spectator

areas, swimming pools including dressing or restroom facilities, tennis courts including spectator areas, City Park amusement ride area, Fairchild Park BMX track including spectator areas, and concert areas in City Park, North Park, Willowbrook Park, and the Depot area.
Tagged Passions:legal, parks, youth, athletics, and court

Section 3. A new section 22.33 is hereby added to be entitled Smoking and use of tobacco products, including e-cigarettes, prohibited in facilities

and grounds of the Burlington Parks System, and subsequent sections are renumbered accordingly:
Tagged Passions:parks, Smoking, e-cigarette, E-CIGARETTE, tobacco, and smoking

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