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12/03/2001 e e e e e CITY OF MONROE CITY COUNCIL MEETING 300 W. Crowell Street, Monroe, NC 28112 December 3, 2001 - 6:30 p.m. AGENDA CONSENT AGENDA 1. Minutes of Regular City Council Meeting of November 20, 2001 Minutes of Historic District Commission Meeting of September 10,2001 Minutes of Environment and Water Resources Committee Meeting of October 16, 2001 Minutes of Land Development Committee Meeting of October 25,2001 Minutes of Tree Board Meeting of October 15, 2001 Minutes of Monroe-Union Historic Properties Commission of October 30, 2001 2. Schedule of Regular City Council Meetings for Calendar Year 2002 3. Resolutions A. Designation of Authorized Signatories B. Designation of Depositories C. Designation of Individuals Authorized to Perform Investment Securities Transactions D. Authorizing Council of Government to Receive State Funds 4. Ordinance to Amend Cemeteries - Sections 51.30, 51.31, and 51.32 5. Call for Public Hearings to be Held December 18, 2001 A. Project # 02-130-00004 - Zoning Map Change Request - R-20 (Low/Moderate Density Single- Family Residential) to R-I0-SU (Moderate/High Density Single-Family Residential Special Use) - 22.6 acres on west side of Old Pageland - Monroe Road - East Village, LLC - Tax ill # 09- 087-016 B. Project # 02-110-00003 - Special Use Permit Request - Request to develop 65-10t R-IO-SU subdivision - 22.6 acres on West Side of Old Pageland - Monroe Road - East Village, LLC - Tax ill # 09-087-016 C. Project # 02-500-00001 - Expansion of Extraterritorial Zoning Jurisdiction Request - Request to add 43.55 acres on Waxhaw Highway (Highway 75) to City of Monroe extraterritorial zoning jurisdiction - City of Monroe - Tax ill # 09-321-002 (Portion) D. Project #02-130-00008 - Zoning Map Change Request- Initial zoning of 43.55 acre expansion to City of Monroe extraterritorial zoning jurisdiction on Waxhaw Highway (Highway 75) from County RA-20 to City PUD-SU (Planned Unit Development Special Use) - City of Monroe -Tax ill # 09-321-002 (Portion) REGULAR AGENDA 6. Public Hearings A. Project # 01-100-00014 - Conditional Use Permit Request - New Walter Bickett Elementary School - Lancaster Avenue between Kingswood and Oak Hill Drive - 24.89 Acres - Union County Public Schools - Tax ill #s 09-279-043 & 044 (Continued from November 6, 2001 Meeting) 171 e e e e e B. Project # 02-12000002 - Zoning Text Change Request - Addition of Reception Halls and Banquet Facilities to B-2 (Central Business) Zoning District - Michelle Evans 7. Action from Public Hearings A. Project # 01-100-00014 - Conditional Use Permit Request - New Walter Bickett Elementary School - Lancaster Avenue between Kingswood and Oak Hill Drive - 24.89 Acres - Union County Public Schools - Tax ill #s 09-279-043 & 044 (Continued from November 6, 2001 Meeting) B. Project # 02-12000002 - Ordinance - Addition of Reception Halls and Banquet Facilities to B-2 (Central Business) Zoning District - Michelle Evans C. Project # 02-13000006 - Zoning Map Change Request - R-20 (LowlModerate Single-Family Residential) to PUD-SU (Planned Unit Development Special Use) District - 291.30 acres on the south side of Highway 75 (Waxhaw Highway) between New Town Road and Highway 84 (Weddington Road) - City of Monroe - Tax ill #s 09-321-004, 09-321-002 (portion), 09-321- 005, and 09-321-001 (Public Hearing Held November 20,2001- Second Reading) D. Project # 01-100-00011 - Proposed Conditional Use Permit - Accessory Structure With a Home Occupation - 936 Secrest Hill Drive - .923 acres - James Marlow - Tax ill # 09-216-014 (Public Hearing Completed on October 2,2001) 8. Presentation of Fiscal Year 2001 Comprehensive Annual Financial Statement - Jan Glover, Potter & Company 9. Airport Contracts A. Resolution to Amend Airport Schedule of Minimum Standards for Commercial Aero-nautical Activities and Fixed Base Operations B. Flight Training Provider -Airport Facility Lease Agreement C. Amendment to Lease - Piedmont Hawthorne D. Amendment to Airport Fixed Base Operators Lease - Piedmont Hawthorne 10. Election of Mayor Pro Tern 11. Appointment - Airport Commission 12. Public Comment 13. Closed Session - Litigation (Heaston vs. City of Monroe) 12-03-0 I 172 e e e e e CITY OF MONROE CITY COUNCIL MEETING DECEMBER 3, 2001 - 6:30 p.m. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on December 3,2001, with Mayor Judy L. Davis presiding. Present: Mayor Judy L. Davis, Mayor Pro Tern P. E. Bazemore, Council Members Phil Hargett, Billy A. Jordan, Lynn Keziah, Bobby G. Kilgore, Robert J. Smith, City Manager S. Douglas Spell, City Attorney John Milliken, and City Clerk Jeanne M. Deese. Absent: None. Visitors: Richard Browning, Loretta Browning, Henry Browning, Wilma Walewski, Dale Hargett, Troy Penny, Heather Howard, Cindy Harris, John Menzel, Olivia Benton, Jane Benton, Steven S. Long, LaVondra Edwards, Jan Glover, Cofield Hilburn, Jeanne Davis-Diehl, Albert Diehl, Virginia Bjorlin, Michelle Evans, Chris Platé, Jim Loyd, Wayne Herron, Sonia Vizcaino and others. Mayor Davis called the Regular City Council Meeting rescheduled to December 3,2001 to order at 6:30 p.m. A quorum was present. CONSENT AGENDA Mayor Davis reviewed the Consent Agenda and advised that one item on the Consent Agenda, Project # 02-12000005 - Zoning Text Change Request - Amendment to Planned Unit Development District Regulations - City of Monroe, was being deleted. Mayor Davis asked if any member of the Councilor the public would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Written background infonnation was provided in advance in the Council Agenda Packets for each item on the Consent Agenda. No further discussion was held. One motion and vote was taken, which included approval of all items on the Consent Agenda, with the deletion ofthe one item. Item No.1. Minutes of Rel!Ular City Council Meetinl! of November 20. 2001. Mayor Pro Tern Bazemore moved to approve the Minutes of the Regular City Council Meeting of November 20,2001. Council Member Keziah seconded the motion, which passed unanimously with the following votes: 173 AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None e NAYS: Minutes of the Historic District Commission Meeting of September 10, 2001; Minutes of the Environment and Water Resources Committee Meeting of October 16, 2001; Minutes of the Land Development Committee Meeting of October 25,2001; Minutes ofthe Tree Board Meeting of October 15, 2001; and Minutes of the Monroe-Union Historic Properties Commission of October 30, 2001 were received as information by Council. Item No.2. Schedule of Re2:ular City Council Meetin2:s for Calendar Year 2002. Mayor Pro Tern Bazemore moved to approve the Schedule of City Council Meetings for calendar year 2002: e SCHEDULE OF CITY COUNCIL MEETINGS YEAR 2002 (FIRST & TffiRD TUESDA YS*) CITY HALL COUNCIL CHAMBERS January 15 City Hall Council Chambers 6:30 p.m. February 5 City Hall Council Chambers 6:30 p.m. e February 19 City Hall Council Chambers 6:30 p.m. February 27,28, March 1 Holly Inn, Pinehurst Varies March 5 City Hall Council Chambers 6:30 p.m. March 19 City Hall Council Chambers 6:30 p.m. April 2 City Hall Council Chambers 6:30 p.m. Apri116 City Hall Council Chambers 6:30 p.m. May 7 City Hall Council Chambers 6:30 p.m. May 21 City Hall Council Chambers 6:30 p.m. e June 4 City Hall Council Chambers 6:30 p.m. June 18 City Hall Council Chambers 6:30 p.m. July 2 City Hall Council Chambers 6:30 p.m. July 16 City Hall Council Chambers 6:30 p.m. August 5 (Monday) City Hall Council Chambers 6;30 p.m. August 20 City Hall Council Chambers 6:30 p.m. September 3 City Hall Council Chambers 6:30 p.m. e September 17 City Hall Council Chambers 6:30 p.m. October 1 City Hall Council Chambers 6:30 p.m. 174 e e e e e October 15 City Hall Council Chambers 6:30 p.m. November 5 City Hall Council Chambers 6:30 p.m. November 19 City Hall Council Chambers 6:30 p.m. December 3 City Hall Council Chambers 6:30 p.m. , December 17 City Hall Council Chambers 6:30 p.m. Exceptions Noted: No Meeting on January I, 2002 City Council Planning Retreat - February 27,28, March 1,2002 First August Meeting to Accommodate National Night Out - Monday, August 5, 2001 Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.3. Resolutions. A. DesÌimation of Authorized SÌimatories. City Manager Spell advised by memorandum that certain designations are required by N.C. General Statutes in order to authorize individuals to perform financial transactions on behalf of the City of Monroe. The Council routinely updates these designations at the first meeting of the new City Council. Mayor Pro Tern Bazemore moved to approve Resolution R-2001-57: RESOLUTION CITY COUNCIL OF MONROE DESIGNATION OF AUTHORIZED SIGNATORIES DECEMBER 3, 2001 R-2001-57 WHEREAS, General Statute 159-25 (b) of the North Carolina Government Fiscal Control Act specifies that the Finance Officer or properly designated Deputy Finance Officer and another municipal official must sign all checks and drafts issued by a local government; AND WHEREAS, the City Council desires that new designations be made with regard to authorized signatories on the City's bank accounts; NOW, THEREFORE, BE IT RESOLVED that the following individuals are hereby designated as authorized signatories for the City's bank accounts: The Honorable Judy L. Davis, Mayor Mr. S. Douglas Spell, City Manager Mr. Mark F. Donham, Assistant City Manager Ms. Sonia I. Vizcaino, Director of Finance and Administration ADOPTED this 3rd day of December, 2001. 175 e e e e e Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Desie:nation of Depositories. Mayor Pro Tern Bazemore moved to approve Resolution R- 2001-58: RESOLUTION CITY COUNCIL OF MONROE DESIGNATION OF DEPOSITORIES DECEMBER 3, 2001 R-2001-58 BE IT RESOLVED, that S. Douglas Spell is duly appointed City Manager, and Sonia I. Vizcaino is duly appointed Director of Finance and Administration for the City of Monroe, North Carolina, and are required to give performance surety bonds in the amount of Fifty Thousand ($50,000.00) dollars each, with good and sufficient surety; BE IT FURTHER RESOLVED that American Community Bank, Bank of America, N.A., Branch Banking & Trust, Central Carolina Bank and Trust Company, First Charter National Bank, First-Citizens Bank & Trust Co., First Union National Bank of N. C., Trinity Bank, Wachovia Bank, N.A., and North Carolina Capital Management are named as depositories for public funds of said City of Monroe on the terms and conditions as they have heretofore acted as said depository; BE IT FURTHER RESOLVED, that American Community Bank, Bank of America, N.A., Branch Banking & Trust, Central Carolina Bank and Trust Company, First Charter National Bank, First-Citizens Bank & Trust Co., First Union National Bank of N. C., Trinity Bank, Wachovia Bank, N.A., and North Carolina Capital Management are instructed to honor all checks, drafts, notes or orders drawn against and from said accounts to be signed by said S. Douglas Spell and Sonia I. Vizcaino, or other properly designated signatory. ADOPTED this 3rd day of December. 2001. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: c. Desie:nation of Individuals Authorized to Perform Investment Securities Transactions. Mayor Pro Tern Bazemore moved to approve Resolution R-2001-59: RESOLUTION CITY COUNCIL OF MONROE DESIGNATION OF INDMDUALS AUTHORIZED TO PERFORM INVESTMENT SECURITIES TRANSACTIONS R-2001-59 176 e e e e e WHEREAS, General Statute 159-25(a)(6) of the North Carolina Government Fiscal Control Act specifies that the Finance Officer shall supervise the investment of idle funds of the local government. NOW, THEREFORE, BE IT RESOLVED that the following individuals are authorized by the Monroe City Council to buy, sell, sign, endorse, transfer and enter into investment securities transactions on behalf of the City of Monroe. Mr. S. Douglas Spell, City Manager Ms. Sonia I. Vizcaino, Director of Finance and Administration Ms. Ann Wilson, Assistant Director of Finance and Administration ADOPTED this 3rd day of December, 2001. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: D. Authorizin2 Council of Government to Receive State Funds. City Manager Spell reported by memorandum that the North Carolina General Assembly enacted legislation appropriating $935,000 to Councils of Governments to assist local governments in certain designated activities. The portion of these funds allocated for services to the City of Monroe was $1,165.72. In order for the COG to receive these funds, City Council must adopt a Resolution releasing these funds to the COG. Mayor Pro Tern Bazemore moved to approve Resolution R-2001-60: RESOLUTION TO RELEASE STATE FUNDS TO CENTRALINA COUNCIL OF GOVERNMENTS R-200l-60 WHEREAS, Lead Regional Organizations have established productive voluntary working relationships with municipalities and counties across North Carolina; and WHEREAS, the 200 I General Assembly recognized this need through the appropriation of $935,000 for each year 2002-2003 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, and to support local industrial development activities and other activities as deemed appropriate by their local governments; and WHEREAS, these funds are not intended to be used for payment of member dues or assessments to a Lead Regional Organization or to supplant funds appropriated by the member governments; and WHEREAS, in the event that a request is not made by the City of Monroe for release of these funds to the Lead Regional Organization, the available funds will revert to State's general fund; and WHEREAS, in Region F, funds in the amount of $55,000 will be used to/for preparation of HOME and CDBG applications, land use corridor studies, hosting of regional seminars/conferences, regional data 177 e e e e e center, regional building permit tracking system, and other economic development activities that may deem appropriate; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Monroe, North Carolina requests the release of its share of these funds, $1,165.72, to Centralina Council of Governments at the earliest possible time in accordance with the provisions of state laws. ADOPTED this 3rd day of December, 2001. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.4. Ordinance to Amend Cemeteries - Sections 51.30. 51.31. and 51.32. Engineering Director Loyd advised by memorandum that the current sections of the City of Monroe Code of Ordinances governing the administration of the Hillcrest Cemetery and Suncrest Cemetery are in need of update and revision to comply with present practice. Following is a summary of the recommended amendments: Section 51.30 Deed for Lot: Application to City Clerk The proposed amendment to Section 51.30 provides direction for the replacement of lost or destroyed deeds and stipulates that the original holder must provide satisfactory proof. The amendment further clarifies that it is the deed owner's responsibility to record at the Union County Courthouse for future proof of ownership. This is in keeping with current practice. Engineering staff also maintains a hard copy of all new deeds issued since assuming this responsibility in the Fall of2000. Section 51.31 Erection of Monuments: Specifications and Standards The proposed amendment to Section 51.31 is to provide specific guidelines on placement and maintenance of monuments, markers, and plantings. In keeping with present practice, no above ground markers are allowed in the new sections of either Suncrest Cemetery or Hillcrest Cemetery. The "old sections" in each cemetery, where the above ground monuments are allowed, are identified by section letter. Maps are kept current and are on file at the Engineering Department. Section 51.32 Use ofCemeterv The proposed amendment to Section 51.32 provides specific guidelines for burials, cemetery hours, pets being walked in the cemetery, and funeral arrangement hours. The establishment of cemetery hours is intended to control access to the cemeteries and to allow enforcement by the Police Department during after-hours. The cemeteries will be posted closed between the hours of9:00 p.m. and 6:00 a.m. In preparation of the above amendments, staff solicited input from the various funeral homes within Monroe, and their comments were incorporated into the proposed Ordinance. The 178 e e e e e proposed changes have also been reviewed with the Parks and Recreation Department and the Police Department and were acceptable to each. Mayor Pro Tern Bazemore moved to approve Ordinance 0-2001-52: AN ORDINANCE TO AMEND TITLE V: PUBLIC WORKS OF THE CITY OF MONROE CODE OF ORDINANCES CHAPTER 51: PUBLIC WORKS - CEMETERIES 0-2001-52 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE V: PUBLIC WORKS, CHAPTER 51: PUBLIC WORKS - CEMETERIES, OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: 51.30 Deed for Lot; Application to City Clerk All persons desiring to purchase a grave space in the city cemeteries shall apply to the City Clerk or designee, who, upon payment of the fixed price for each lot space, shall cause a deed or other instrument of receipt therefore to be given to the purchaser. In the case of loss or destruction of a municipal cemetery deed issued by the City of Monroe, satisfactory proof of such loss or destruction must be provided to the City of Monroe. If satisfactory proof has been provided, a duplicate deed will be executed as set out to the original holder or to any transferee of him. Deeds may be recorded at the Union County Courthouse, by the deed owner, for future proof of ownership. 51.31 Erection of Monuments; Specifications and Standards No person shall erect or cause or permit to be erected upon any cemetery space located in any of the cemeteries maintained and owned by the city any monument, gravestone or marker, unless such monument, gravestone, or marker shall be provided with a sufficient, secure, and permanent foundation of concrete or cement, or other approved substance, which foundation shall extend, flush with the surface of the grave, a distance per industry standards outward at all points from the base of such marker, monument or gravestone to the end that such gravestone, monument or marker may not topple or lean from its foundation; provided, that this section shall not apply to plaques or markers which are embedded in the cemetery upon a grave or graves, when such plaque or marker is flush with the surface of the space whereon it is placed. The location of all markers, monuments, and/or plantings is subject to approval of the designated city staff members. An agreement must be signed by both the grave site owners and the city before any plantings can be planted. All funeral flowers placed on the grave immediately after an interment will be removed by City of Monroe personnel no less than five days and no more than thirty days after the service. Should any monument, memorial, and/or planting become unsightly, dilapidated or safety hazard, after notice to the owner if the owner can be contacted and failure for the owner to comply within 30 days, the city shall have the right, at the expense of the owner, to correct the condition or remove the same. No more than two markers per grave site for two individual cremains/infant burials or one marker for both cremains/infant burials will be allowed. 179 e No above ground monuments shall be installed in the new sections of the city cemeteries. Monuments shall be erected under the supervision of a duly authorized agent or employee of the city, according to city specifications and above ground monuments installed onlv in the old sections as follows: 1. Suncrest Cemetery in Old Section, the Central and Western Sections and in sections A, B, C, D, E, F, G, H, AA, BB, CC, DD and any graves sold in Section EE, prior to the adoption of this Ordinance. 2. Hillcrest Cemetery in sections A, B, C, D, E, and F and any graves sold in Section G, prior to the adoption of this Ordinance. 51.32 Use of Cemetery No person shall be interred or disinterred in the city cemeteries without lawful authority and the permission of the City. Only one adult vault/casket burial or up to two cremains/ infant burials are e permitted per grave space. Each cremain/infant burial is limited to one half of the grave space. It shall be unlawful for any person to trespass upon private cemetery lots or to go across cemeteries or cemeteries lots belonging to the city, between 9:00 p.m. and 6:00 a.m. the next morning, except for the purpose of burials, attending funerals or for other governmentally authorized cemetery business or maintenance. All pets must be on a leash and owners of pets must clean up after their pets. e All funeral arrangements must be made during regular office hours. To guarantee a weekend burial, funeral arrangements must be made by noon on the Friday prior to the burial. All graves shall be dug under the supervision of a duly authorized agent or employee of the city. All grave space charges and other charges shall be imposed according to a cemetery fee schedule established by the City Council, which schedule is set out in the City Customer Service Policy manual. ADOPTED this 3rd day of December, 2001. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: e Item No.5. Call for Public Hearim!s to be Held December 18. 2001. A. Proiect # 02-130-00004 - Zonin2: MaD Chan2:e Request - R-20 (Low/Moderate Density Sin2:le-Familv Residential) to R-10-SU (Moderate/Hi2:h Density Sin2:le-Familv Residential SDecial Use) - 22.6 acres on west side of Old Pa2:eland - Monroe Road - East VilIa2:e. LLC - Tax ID # 09-087-016. Mayor Pro Tern Bazemore moved to call for a public hearing to be held on December 18, 2001 at 6:30 p.m. to consider this request. Council Member Keziah seconded the motion, which passed unanimously with the following votes: e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 180 e e e e e B. Project # 02-110-00003 - Special Use Permit ReQuest - ReQuest to develop 65-lot R-I0- SU subdivision - 22.6 acres on West Side of Old Paf!eland - Monroe Road - East Villaf!e. LLC - Tax ID # 09-087-016. Mayor Pro Tern Bazemore moved to call for a public hearing to be held on December 18, 2001 at 6:30 p.m. to consider this request. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: C. Proiect # 02-500-00001 - Expansion of Extraterritorial Zoninf! Jurisdiction ReQuest - ReQuest to add 43.55 acres on Waxhaw Hif!hwav (Hif!hwav 75) to City of Monroe extraterritorial zoninf! iurisdiction - City of Monroe - Tax ID # 09-321-002 (Portion). Mayor Pro Tern Bazemore moved to call for a public hearing to be held on December 18,2001 at 6:30 p.m. to consider this request. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: D. Proiect #02-130-00008 - Zoninf! Map Chanf!e ReQuest - Initial zoninf! of 43.55 acre expansion to City of Monroe extraterritorial zoninf! jurisdiction on Waxhaw Hif!hwav (Hif!hwav 75) from County RA-20 to City PUD-SU (Planned Unit Development Special Use) - City of Monroe -Tax ID # 09-321-002 (Portion). Mayor Pro Tern Bazemore moved to call for a public hearing to be held on December 18, 2001 at 6:30 p.m. to consider this request. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: REGULAR AGENDA Item No.6. Public Hearinf!s. A. Project # 01-100-00014 - Conditional Use Permit ReQuest - New Walter Bickett Elementary School - Lancaster Avenue between Kinf!swood and Oak Hill Drive - 24.89 Acres - Union County Public Schools - Tax ID #s 09-279-043 & 044 (Continued from November 6. 2001 Meetinl!). Mayor Davis advised that the Union County Board of Education had requested that the public hearing be continued until December 18, 2001. 181 e e e e e Council Member Keziah moved to continue the public hearing until December 18,2001 at 6:30 p.m. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: B. Proiect # 02-12000002 - Zonim! Text Chan!!e Request - Addition of Reception Halls and Banquet Facilities to B-2 (Central Business) Zonin!! District - Michelle Evans. Mayor Davis opened this duly advertised public hearing. Planning and Development Director Herron briefed Council and stated that this was a request from Michelle Evans of Divine Occasions, LLC. The petitioner has requested an amendment to Sections 156.006 and 156.043 to add reception halls and banquet facilities to the list of uses pennitted in the B-2 (Central Business) zoning district. Currently, reception halls and banquet facilities are not specifically listed in any zoning district. Assembly halls, coliseums, annories, ballrooms, and similar structures are pennitted in the B-3, B-4, and G-I districts. On May 5, 1998, City Council chose to delete assembly halls, coliseums, armories, and ballrooms as a pennitted use in the B-2 zoning district due to the possibility of misinterpretations which would allow uses that may not be appropriate in the downtown area and would not adhere to the guidelines for the downtown district. Staff felt that specifically adding reception halls and banquet facilities would not create any potential for misinterpretations and would be an appropriate use for the downtown district. Planning and Development Director Herron reported that staff added a second amendment to this request. Currently, twelve properties are located in both the South Monroe Historic District and the B-2 zoning district. These twelve properties fall under two stringent review processes; one for the Historic District with the Historic Board and the other through the Board of Adjustment for the design review criteria in the B-2 district. Staff recommended that one process be deleted so that the applicant does not have to go before both Boards. Staff further recommended that the Historic District Board be the sole reviewing board, should there be any exterior changes within the twelve overlapping properties. Planning and Development Director Herron noted that staff and the Planning Board recommended approval ofthis text change to add reception halls and banquet facilities in the B-2 downtown district. Michelle Evans spoke in favor of this request. Ms. Evans reported that this type of facility would bring people from both inside and outside of the Monroe area into downtown for events such as weddings, receptions, business meetings, and planning sessions. Economic Development Director Chris Platé spoke in favor of this request for Downtown Monroe, Inc. and reiterated that staff and the Planning Board were in favor of the proposed plans of Ms. Evans due to the available market and her financing entities. 182 e e e e e There being no other speakers, either for or against the proposal, Mayor Davis closed this public hearing. Item No.7. Action from Public Hearini!s. A. Proiect # 01-100-00014 - Conditional Use Permit Request - New Walter Bickett Elementary School - Lancaster Avenue between Kini!swood and Oak Hill Drive - 24.89 Acres - Union County Public Schools -Tax ID #s 09-279-043 & 044 (Continued from November 6. 2001 Meetimt). No action taken as public hearing was continued until December 18,2001. B. Proiect # 02-12000002 - Ordinance - Addition of Reception Halls and Banquet Facilities to B-2 (Central Business) Zonini! District - Michelle Evans. Mayor Pro Tern Bazemore moved to approve Ordinance 0-2001-46: AN ORDINANCE TO AMEND TITLE XV, CHAPTER 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2001-46 Preamble Pursuant to authority conferred by G.S. 160A-381, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156: WNING CODE, OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Text Amendment Section 1. Section 156.006 is amended as follows: ADD the following definition in the appropriate alphabetical order: Reception Halls and Banquet Facilities. Any use, structure, or facility available for lease by public or private parties, which is used for occasional reception and assembly events, rather than regularly scheduled meetings and assembly events for membership groups or clubs. Section 2. Section 156.043 (A) (39) is added as follows: (39) Reception Halls and Banquet Facilities. 183 e e e e e Section 3. AMEND Section 156.054 (B) to read as follows: (B) Development Standards. Buildings within the Central Business District exhibit design elements that contribute to the unique sense of character of Downtown Monroe. Specifically buildings tend to have flat or low pitch roofs concealed by the front facade parapet, no front or side yard setback, large storefront windows on the first floor and strong horizontal separations between the first and any upper floors created by windows and/or changes in facade materials. In order to continue and, in some cases, recreate the historic development pattern of downtown Monroe, the following standards shall apply to all new construction, additions and substantial modifications to existing structures located within the Central Business District and not located within the South Monroe Historic District; except that the Board of Adjustment may waive or modify one or more requirements whenever, in its opinion, such waiver or modification is consistent with the intent of this section and results in a development which meets the findings of fact required herein. All property located within the South Monroe Historic District shall comply with the regulations listed in Sections 156.155 through 156.170 and the guidelines of the South Monroe Historic District. For the purposes of this section, substantial modification shall be defined as any work which involves the alteration of the building's foot print, construction of additional stories, changes in roof pitch, modification of building fenestration and entryways, material changes to the building façade, or painting which does not use natural material colors. (1) Awnings and Canopies: When used, awnings and canopies shall be placed at the top of window openings and shall relate to the shape of the top of the window. Awnings shall be made of canvas or treated canvas material. Vinyl or metal awnings are not permitted. No awning shall extend more than two-thirds the width of the sidewalk or nine feet, whichever is less. Awnings and canopies must be self-supporting from the wall; no supports shall rest on or interfere with the use of pedestrian walkways or streets. In no case shall any awning extend beyond the street curb or interfere with street trees or public utilities. Building Height: In no case shall any structure in the downtown exceed the height of the base of the cupola on the historic Union County Courthouse. Building Presentation: Building entrances shall face the street and be accessible from the public sidewalk. Any portion of a building facing an adjacent street right-of-way shall be considered a building front and shall be subject to the presentation, entrance and fenestration requirements of this section, except that any building with three or more sides facing a street shall only be required to designate two of these sides as building fronts and any building located on a through lot shall only be required to designate one side as a building front. In any case where a lot has frontage on Main Street, Hayne Street, Jefferson Street, Franklin Street, Church Street, Charlotte Avenue, or Windsor Street, the side(s) of the building which face these streets shall be designated as a building front and shall be subject to the presentation, entrance and fenestration requirements of this section. Building Width: Additions and new construction located in the municipal service district shall maintain the existing building wall by extending the building front from side lot line to side lot line, except that an appropriate (2) (3) (4) 184 Color: Additions and new construction shall relate paint colors to natural material colors found on neighboring historic buildings. Contrasting colors, which accent architectural details and entrances, may be used. Fenestration: New construction and remodeling of existing buildings in the municipal service district shall maintain the prevalent pattern and spacing of the windows and doorways on downtown buildings built prior to 1950. Windows on the street level front of buildings shall constitute at least twenty percent and not more than fifty percent of the front facade. Windows on subsequent levels shall be a minimum of 15 square feet. Windows must be clear, transparent glass and shall not be lower than two feet above grade. Double hung windows with a height-to-width ratio of 2: 1 are preferred for upper stories. No such window or door shall be horizontally separated by more than fifteen feet from the nearest other such window or door in the same facade. Frames and sashes for windows shall be of wood, vinyl, or pre-finished metal and may have stone, brick, or cast concrete lintels and sills. Window glass shall always be set back from the building face rather than flush. (7) Front Build-To Line: The fronts of all new buildings constructed in the municipal service district shall abut existing public sidewalks, where provided, except for outdoor café-type uses when a low wall or fence is carried across the right-of-way to continue the visual continuity of building faces. e (6) e e (8) (9) e (10) (11) e architectural wall or similar design feature may be used instead of a building extension. (5) Horizontal Rhythms: Downtown building patterns traditionally emphasized a strong horizontal design element. New construction and additions to or remodeling of existing buildings shall maintain a clear visual division between street level and any upper floors. The division of floors may be accomplished by any historically significant architectural feature used to accomplish this effect. Materials: Facade materials found in the downtown district include wood, brick and stone. Additions and new construction shall use facing materials that are compatible in quality, color, texture, fmish, and dimension to those common in the downtown area on buildings constructed prior to 1950. Acceptable materials include, but may not be limited to, brick, stone or wood. Under no circumstances shall metal siding, unfinished concrete block, or vinyl siding be allowed. Parking inside the municipal service district: Off-street parking, where provided, shall be restricted to the side and rear yards of any principal building. Parking areas adjacent to street rights-of-way shall be separated from the street by a minimum three-foot landscaped strip, except for approved driveway curbcuts. Existing vegetation, which meets the intent of this section, may be counted towards the landscaping requirement. Parking outside the municipal service district: At least fifty percent of off- street parking, where provided, shall be restricted to the side and rear yards of any principal building. Parking areas adjacent to street rights-of-way shall be separated from the street by a minimum three-foot landscaped strip, except for approved driveway curbcuts. Existing vegetation, which meets the intent of this section, may be counted towards the landscaping requirement. 185 e e e e e (12) Roofs: Additions and new construction using a flat pitch or low pitch roof design (anything under 3:12) must install parapet walls on all sides or cap the walls with a cornice treatment that provides articulation to the roofline. (13) Signs: Signs should relate in placement and size to other building elements and shall not obscure building elements such as windows, cornices, or decorative details. Sign material, 'style and color shall complement the building facade in terms of design, scale, color, and materials. Individual shop signs in a single storefront shall relate to each other in design, size, color, placement on the building, and lettering style. Canvas signs placed on the outside of buildings, excluding canopy signs, whether for permanent or temporary use are prohibited. Signs placed on the inside of window areas shall conceal no more than twenty-five percent of the area of the window on which the signs are located. Public banners, installed by the City of Monroe, attached to utility poles shall be permitted on a year-round basis. Permanent public kiosks or sign posts listing a directory of downtown businesses and attractions shall be permitted within the public right-of-way. Businesses, organizations, and uses within the downtown may request a panel on the directory. The City may specify the size, material, color, letter height, and similar criteria for each panel on the directory. The City will be responsible for installing the kiosks, or sign posts and for hanging and removing all panels. In addition, temporary freestanding signs placed in, but not obstructing, the public right- of-way during downtown festivals and street events shall be permitted. Such signs shall be displayed only on the day of the event only during the hours of the event and shall be permitted without a permit. Signs placed illegally shall be subject to confiscation by the City of Monroe. (14) Streetscape Protection: Any damage to the existing streetscape design, including street trees, by development, use, or condition of private property shall be corrected by the property owner at the owner's expense to the satisfaction of the City of Monroe, Department of Engineering, prior to the release of a certificate of occupancy. Any damage not corrected by the owner shall be corrected by the City, the cost of which is to be billed to the owner, including city administrative costs. For the purposes of this section, streetscape shall be defined to include any public improvement adjacent to private property regardless of whether or not it is part of an adopted "Streetscape Improvement Plan." Walls and Entrances: Walls and entrances in the municipal service district shall be designed to encourage and complement pedestrian-scale activity. Recessed doorways at building fronts are required. (15) Section 4. This ordinance shall become effective on the date of its adoption. ADOPTED this 3rd day of December, 2001. Council Member Hargett seconded the motion, which passed unanimously with the following votes: 186 e e e e e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: C. Proiect # 02-13000006 - Zonine Map Chanee Reauest - R-20 (Low/Moderate Sinele- Familv Residential) to PUD-SU (Planned Unit Development Special Use) District - 291.30 acres on the south side of Hiehwav 75 (Waxhaw Hiehwav) between New Town Road and Hiehwav 84 (Weddineton Road) - City of Monroe - Tax ID #s 09-321-004. 09-321-002 (portion). 09-321-005. and 09-321-001 (Public Hearim! Held November 20, 2001 - Second Readim!). Planning and Development Director Herron advised that City staff has withdrawn the application for the request to rezone approximately 291.3 acres on Highway 75 to Planned Unit Development - Special Use. The City will consider a new application for a smaller scale project on approximately 160 acres. Within the Consent Agenda, Council was asked to call for a public hearing for December 18,2001 to consider rezoning approximately 160 acres to both R-15-SU, which is Single-Family Special Use District at 15,000 square feet per lot, as well as Mixed Use and Special Use District. The Planning Board will discuss the application on Wednesday, December 5, 2001. Staff felt that both of the proposed districts would be in line with the current policies outlined in the City of Monroe Land Development Plan for the area. D. Proiect # 01-100-00011 - Proposed Conditional Use Permit - Accessorv Structure With a Home Occupation - 936 Secrest Hill Drive - .923 acres - James Marlow - Tax ID # 09- 216-014 (Public Hearinl! Completed on October 2, 2001). Council Member Keziah moved to postpone action until December 18,2001. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No.8. Presentation of Fiscal Year 2001 Comprehensive Annual Financial Statement- Jan Glover. Potter & Company. Ms. Jan Glover, representative of Potter and Company, addressed Council pertaining to the annual audit of the financial statements for the City of Monroe as of June 30, 2001. Ms. Glover advised that the opinion issued on the statement was unqualified, which was the highest level of assurance that a certified public accounting finn could issue on audited financial statements. In addition to auditing the financial data, the finn was required to review federal and state grants received by the City of Monroe and audit compliance with laws, regulations, and how the federal and state grants were expended. The audit revealed no findings or questioned costs in relation to the monies from the grants. Ms. Glover reported that all funds within the City operated within budget, with no budget over- expenditures last year. In total, the Governmental Fund types operated in the black, as well as the Enterprise Fund; therefore, there was an excess of revenues over expenditures throughout all the funds for the City last year. Based on the content of the financial statements, Finance and Administration Director Vizcaino has received the Certificate of Excellence in Financial Reporting for the past eight years and will submit the statements again this year for that recognition. 187 e e e e e Mayor Davis and Council Member Keziah expressed appreciation for the efforts of Finance and Administration Director Vizcaino and City staff. City Manager Spell stated his appreciation for Ms. Glover and Potter and Company and expressed appreciation to Finance and Administration Director Vizcaino for her hard work throughout the audit, despite a vacant position. City Manager Spell introduced Ms. Ann Wilson, Assistant Finance Director, who was recently hired to fill the vacant position. Item No.9. Airport Contracts. Assistant City Manager Donham presented to Council the modifications to the Schedule of Minimum Standards, the changes to the lease agreement with Piedmont Hawthorne, and information pertaining to the establishment of a lease with a new flight training provider. Assistant City Manager Donham reported that the flight training program at the Monroe Municipal Airport was Piedmont Hawthorne's last flight training program in all their 35 programs throughout North America. Over the last few years, Piedmont Hawthorne has focused more on their corporate customers and less on flight training, which has ultimately resulted in the closing of their training program. In order to continue this service at the Monroe Municipal Airport, the City of Monroe consulted with the City Attorney and an outside attorney with aviation experience to modify the Monroe Municipal Airport's Schedule of Minimum Standards, to amend the lease with Piedmont Hawthorne, and to create a proposed lease with a new flight training provider. City staff interviewed and chose a flight training provider, and their recommendation has been approved by the Airport Commission. Changes to the Piedmont Hawthorne lease required the reduction in space that they lease in the terminal building and for aircraft tie downs. It also eliminated flight training and airplane leasing and rentals from their contract. Changes in the Minimum Standards redefined space requirements for flight training and aircraft leasing and rentals. It also redefined the space requirements for all special fixed base operators. The new lease with the flight training provider establishes a space and services relationship. Staff presented the documents to Council and recommended approval of changes to the Schedule of Minimum Standards with a Resolution and further recommended that authority be given to the City Manager to negotiate the final details of the lease agreements. Assistant City Manager Donham provided an overview of the four agreements. First, the Amendment to the Airport Fixed Base Operator Lease with Piedmont Hawthorne accomplishes three things: 1) Defines the tie down space using a map and grid, 2) Redefines the office space and makes changes to Piedmont Hawthorne's lease by removing such items as 'providing flight instruction', and 3) Corrects one of the issues related to Piedmont Hawthorne's previous lease, specifically the sentence that read, "The operator has the right to and shall provide the services that they will provide." This makes a clearer definition of expectations. The second agreement also pertained to Piedmont Hawthorne, and Assistant City Manager Donham advised that this Amendment redefines the space in the terminal building. The third agreement was the Airport Facility Lease, which would be used with the new flight training company. 188 e e e e e The final agreement was the Resolution that would adopt the new Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operators. The major changes pertained to rental and lease services and to flight instruction services. There were also changes which would allow more opportunity for a specialized fixed base operator to provide services at the airport; however, certain standards would still be required in order to provide these services. To illustrate, the agreement reduces space requirements for the special base operators from, in one case, 200,000 square feet of ground lease to 100,000 square feet. Assistant City Manager Donham addressed the recommendation for a new flight training provider. Staff considered three separate providers of flight training services and the Airport Commission recommended approval of On Eagle's Wings for several reasons. This company was the only flight training school that provided services as a "Part 141" school, meaning they are FAA certified, which has not previously been the case with Piedmont Hawthorne. In addition, the flight training company was business-oriented, could meet the insurance standards, provided all the training programs desired by staff, possessed the required variety of planes, and had qualified staff. A. Resolution to Amend Airport Schedule of Minimum Standards for Commercial Aero- nautical Activities and Fixed Base Operations. Council Member Keziah moved to approve Resolution R-2001-61: RESOLUTION TO ADOPT THE MONROE AIRPORT SCHEDULE OF MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES AND FIXED BASE OPERATIONS R-2001-61 THAT WHEREAS, The City of Monroe developed and owns the Monroe Municipal Airport; and, WHEREAS, services to said airport are primarily provided through fixed base operators; and, WHEREAS, the present airport Schedule of Minimum Standards is no longer suitable for the needs of to day's airport; and, WHEREAS, in order to provide the services needed at the airport, a new Schedule of Minimum Standards has been developed and approved by the Monroe Airport Commission, NOW, THEREFORE BE IT RESOLVED that the attached document entitled the City of Monroe Schedule of Minimum Standards For Commercial Aeronautical Activities and Fixed Base Operations is hereby adopted and the existing Schedule of Minimum Standards is hereby repealed. ADOPTED this 3rd day of December, 2001. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 189 e e e e e The City of Monroe Airport Schedule of Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operations is hereby incorporated as part of these Minutes as "Exhibit A ". B. Flil!ht Traininl! Provider -Airport Facility Lease Al!reement. Assistant City Manager Donham advised that the name of the new flight training school would be inserted into the agreement, and the agreement was for a three-year tenn. Council Member Hargett moved to approve the Airport Facility Lease Agreement for the new flight training provider and to allow the City Manager to negotiate the final tenns of the lease agreement. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None The Airport Facility Lease Agreement is hereby incorporated as part of these Minutes as "Exhibit B". c. Amendment to Lease - Piedmont Hawthorne. Assistant City Manager Donham advised that this agreement pertained to the building lease and calculated the amount of lease space and the dollar amount. Council Member Hargett moved to approve the Amendment to Lease Agreement with Piedmont Hawthorne and to allow the City Manager to negotiate the final tenns of the agreement. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: The Amendment to Lease Agreement is hereby incorporated as part of these Minutes as "Exhibit C". D. Amendment to Airport Fixed Base Operators Lease - Piedmont Hawthorne. Assistant City Manager Donham advised that this agreement pertained to tie down and office space, but did not deal with the dollar amount. Council Member Smith moved to approve the Amendment to Airport Fixed Base Operator Lease with Piedmont Hawthorne and to authorize the City Manager to negotiate the finaltenns of the agreement. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: The Amendment to the Airport Fixed Base Operator Lease is hereby incorporated as part of these Minutes as "Exhibit D". 190 e e e e e City Manager Spell expressed his appreciation to Assistant City Manager Donham for his work on the above-referenced airport matters to ensure the continuation of flight instruction services. Item No. 10. Election of Mavor Pro Tem. Council Member Keziah moved to elect Mr. Bazemore as Mayor Pro Tern. Council Member Hargett seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: Item No. 11. Ann ointment - Airnort Commission. Mayor Pro Tern Bazemore advised that the Airport Commission was one area whereby persons were eligible for reappointment. In that regard, Mayor Pro Tern Bazemore moved to reappoint Tom Morgan to the Airport Commission. Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis NAYS: None Item No. 12. Other Business. A gentlemen asked intern 7.C., the PUD development, had been postponed until the December 18, 2001 meeting. Planning and Development Director Herron responded that staff had withdrawn the application referenced by Item 7. C. Furthermore, a new application for a 160-acre rezoning would be discussed with the Planning Board on Wednesday, December 5, 2001. The new application would be for a multi-use facility, rather than a PUD facility. Another gentlemen asked what would happen to the proposed school. Mayor Davis stated that the school remained sited. Another gentlemen reported that the zoning for the school was independent of the development, and the developer would have donated that land back to the City to be used for a school. Mayor Davis advised that a school was allowed in the current zomng. Item No. 13. Closed Session - Litie:ation (Heaston vs. City of Monroe). Council Member Smith moved to go into Closed Session regarding litigation (Heaston vs. City of Monroe). Council Member Keziah seconded the motion, which passed unanimously with the following votes: AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: 191 Upon return from Closed Session and there being no further business, Council Member Smith moved to adjourn. Council Member Keziah seconded the motion, which passed unanimously e with the following votes: e e e e AYES: Council Members Hargett, Jordan, Keziah, Kilgore, Smith, Mayor Pro Tern Bazemore, and Mayor Davis None NAYS: The Regular City Council Meeting of December 3,2001 adjourned at 7:10 p.m. Minutes prepared and transcribed by Donna Helms, Office Administration Contractor 12-03-01 192 j~ Judy L. Davis, Mayor e e e e e "Exhibit A" CITY OF MONROE AIRPORT SCHEDULE OF MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES AND FIXED BASE OPERATIONS GENERAL CONDITIONS The following are minimum standards for the establishment of Fixed Base Operations ("FBO's") at the City of Monroe Airport ("Airport"). All FBO's at the airport shall be full time, progressive business enterprises, with manned office facilities at the Airport during normal business hours. The Monroe City Council (City) shall determine substantial conformance to the standards for FBO's. No FBO shall be allowed to operate on the Airport without a fully executed lease agreement with the City. There shall be two categories of Fixed Based Operations. These are (1) General Fixed Base Operation; (2) a Special Fixed Base Operation: 1. A General Fixed Base Operation shall provide for the sale of aviation petroleum products and aircraft storage, parking and tie down services to the general public and must meet the minimum standards as shown herein and provide all the services and meet all the requirements listed below in Section II, Paragraphs A through B. A General FBO may also, at its election, perform one or more of the services described in Section II, Paragraphs C through H, provided all of the requirements of the applicable paragraph(s) is(are) satisfied. 2. A Special Fixed Base Operation may provide one or more of the limited special services described in Section II, Paragraphs B through H and must meet the minimum standards as shown herein and provide all the services and meet all the requirements listed below in Section II, Paragraphs B through H for the special services to be provided but shall not engage in the sale of aviation petroleum products or provide aircraft storage, parking or tie down services to the general public unless the operator also meets all requirements of a General Fixed Base Operation. A special FBO providing two or more of the services described in Section II, Paragraphs C through H, shall be required to meet the individual standards for each ofthe services to be provided as described in said Paragraphs C through H. e e e e e II SERVICES For each type of service described below, the Fixed Base Operator performing such service shall furnish the products, personnel, facilities and meet the requirements as are listed below under such type of service. A. Sales of Fuel. Oil. and Aircraft Services 1. Have available for sale at least one (1) grade of aviation gasoline and appropriate aviation oil. 2. Have available for sale jet fuel and appropriate aviation oil. 3. Have proper mobile bottom-loading fuel dispensing equipment to service general aviation aircraft. 4. Have capability to perform minor repairs on a standby basis during hours that maintenance shop is closed. 5. Have sufficient uniformed and qualified line personnel to render first-class service. Hours of operation shall be 6 a.m. to 10 p.m. or as deemed necessary to meet service demands. During off hours a security person shall be provided to monitor activities on the airport facility. 6. Have, for aircraft normally serviced, hard-surfaced facilities for aircraft parking and tie down, and have hangar storage facilities as such facilities are described in Section III. 7. Have adequate ground support equipment, such as, but not limited to, ground power units, oxygen carts, portable compressed air, tools, jacks, and towing equipment as necessary for aircraft normally serviced. 8. Have adequate waiting lounge, pilot briefing room, restrooms, telephone facilities and auto parking for customers and employees as such facilities are described in Section III. 9. Have adequate fuel storage facilities as described in Section III-6. 10. All facilities and services to be provided shall conform to appropriate federal, state, and local laws, codes, ordinances and other similar rules and regulations, including those of the City, pertaining to such activity. 11. All fuel prices, storage, parking and tie down charges, and all discounts shall be subject to approval by the City, such approval shall not be unreasonably withheld. 12. The operator must provide or arrange for adequate equipment to remove disabled aircraft of the largest size normally expected in general aviation use from the landing area with reasonable promptness. B. Aircraft. En2ine and Accessorv Maintenance and Services 1. The operator shall provide the services of at least four (4) qualified full time mechanics, and as many other properly trained personnel as may be required to adequately perform the various maintenance and repair services in an efficient manner for aircraft normally serviced. 2. The operator must operate an FAA-approved repair station for at least airframes and engines in accordance with FAR Part 145. 3. The operator must be able to provide an adequate stock of repair parts to support a first-class maintenance and repair shop for aircraft normally serviced at the facility. 2 e e e e e 4. The operator must provide minimum hangar, shop and storage space as outlined in Section III. 5. The operator must provide adequate facilities for washing and cleaning aircraft of the type normally serviced. 6. If painting is contemplated, facilities must meet all applicable federal, state, and local building and fire codes. C. Aircraft Charter Services 1. The operator must possess a valid FAA Air Carrier certificate in accordance with FAR Part 135. 2. Have available at least two multi-engine aircraft and qualified personnel to meet the normal 24-hour seven days per week demand for such service. All aircraft shall be of a current model, equipped as required by appropriate regulations for instrument flight and shall be owned by the operator or leased in writing by the operator on a full-time basis. No aircraft required to qualify for this Paragraph C shall be counted toward qualification of aircraft required in Paragraphs D or F. 3. Have suitable hangar and building space and aircraft and automobile parking areas as set forth in Section III. D. Aircraft Rental and Lease Services 1. Have at least four (4) clean and airworthy 4-place aircraft, owned by the operator or leased in writing by the operator on a full-time basis, during normal business hours. No aircraft required to qualify for this Paragraph D shall be counted toward qualification of aircraft required in Paragraphs C or F. 2. Have suitable hangar and building space and aircraft and automobile parking areas as set forth in Section III. An operator providing only combined flight instruction, and aircraft leasing and rental within the Monroe Municipal Airport Terminal Building, shall not be required to meet the space standards set forth in Section III but shall be required to meet requirements under Section II F. 3a). E. Aircraft Radio and Instrument Sales and Repair Services 1. The operator shall obtain and maintain, as a minimum, the repair station certificates required by the FAA and FCC in accordance with FAR Part 145 which are applicable to the operation or operations contemplated. 2. Radio repairs available shall include, as a minimum, communications, navigation, transponders, and radar. 3. Have available adequate shops and building space and aircraft and automobile parking areas as set forth in Section III. 3 e e e e e F. Fli2:ht Instruction Services 1. Have an FAA-approved Part 141 flight training school. 2. The operator shall provide a minimum of two aircraft at the Airport suitable for training which are owned by the operator or leased in writing by the operator on a full-time basis. No aircraft required to qualify for this Paragraph F shall be counted toward qualification of aircraft required in Paragraphs Cor D. 3. Space Requirements: a) In Monroe Municipal Airport Terminal Building: The operator must provide and maintain adequate office, customer lounge, restrooms, and classrooms. The minimum space required if the operations are provided in the Monroe Municipal Airports Terminal Building for office, customer lounge, restrooms, classrooms is 517 square feet of which of which 307 can be jointly leased as Common Terminal Area Space and Common Fixed Base Operator Space. Automobile parking space will be provided at the Monroe Municipal Airport Terminal Building. A minimum of six tie- down spaces must be leased from the City of Monroe for airplane storage. An operator providing only combined flight instruction, and aircraft leasing and rental within the Monroe Municipal Airport Terminal Building shall not be required to meet the space standards set forth in Section III. b) Outside Monroe Municipal Airport Terminal Building: If the program is provided in a hangar building independent of the Monroe Municipal Airport Terminal Building, space requirements will be provided as set forth in Section III. 4. Have available on a full-time basis, adequate, properly certificated instructors and staff as required by the FAA. 5. All flight training activities shall be subject to being restricted by the FAA. G. Aircraft Sales (New and/or Used) Services 1. The operator must have a sales or distributor franchise from an aircraft manufacturer for the sale of new aircraft and for maintaining a stock of spare parts for repair services necessary to meet any guarantees or warranty for the type of aircraft for which sales privileges are granted. 2. Have suitable sales display for new and/or used aircraft and a minimum stock of spare parts for repair service as necessary to meet any guarantees or warranty for the type of aircraft for which sales privileges are granted. 3. The operator must provide and maintain adequate offices, customer lounge, restrooms, classrooms, and automobile parking space as set forth in Section III. H. Miscellaneous Services. such as Aerial Advertisin2:. Photo2:rauhv. Aerial Auulication. Traffic Reuortin2:. Pilot Service. and Aircraft Mana2:ement 1. Miscellaneous aeronautical activities, such as aerial advertising, photography, aerial application, traffic reporting, pilot service and aircraft management, not hereinabove described in Paragraphs B through G, may be conducted upon application to and approval of the City. Reasonable terms and conditions for the privilege of engaging in these various 4 e services will be established by the City commensurate with the nature and the scope of the activities involved. 2. Aerial Application shall be conducted in accordance with federal, state, and local laws and EP A standards and guidelines for such operations. III MINIMUM LAND AND IMPROVEMENT STANDARDS FOR FIXED BASE OPERATIONS Each Fixed Base Operator must have available by lease from the City, the area of land described below and provide thereon the improvements described below for the type of Fixed e Based Operation to be operated by such Fixed Base Operator. A. The minimum ground lease for a General Fixed Base Operation in order to provide services under Section IT, Paragraphs A and B, shall be 500,000 square feet and the minimum improvements constructed by or under the control of a General Fixed Base Operator shall be as follows: 1. 2. e 3. 4. 5. 6. 7. e e Adequate service and storage hangars of not less than 45,000 square feet total. Office building (either separate or attached) of an additional 4,500 square feet adequate to house offices, pilots' lounge, waiting areas, public telephone, and restroom facilities. Shop and storage area of an additional 5,000 square feet. Paved ramp and apron area of not less than 300,000 square feet. Paved automobile parking area of not less than 40,000 square feet. Ground areas shall be leased for public aircraft parking and tie down and such areas shall constitute at least 40% ofthe gross leased area. Fuel storage tanks of not less than 25,000 gallons total capacity in accordance with all local, state, and federal laws, regulations and guidelines, including those of the City. B. The minimum ground lease of a Special Fixed Base Operation shall be 100,000 square feet. The minimum building size (including properly heated and lighted customer lounge areas, public telephones, and restrooms) for each specialized activity under Section IT, Paragraphs C through G, shall be 8,000 square feet with a minimum 30,000 square feet of paved aircraft ramp and 5,000 square feet of adjoining paved automobile parking. In the event that a combination of two or more specialized services are to be provided by Specialized Fixed Base Operator, then the combined total building requirements for the specialized activities so combined may be reduced 20% of said total. If a combined flight instruction services and aircraft rental and leasing is provided the space and facility requirements can be provided as if only one specialized fixed base operator is in operation. The City encourages the sublease of space from the General Fixed Base Operators for specialized services; however, special requirements will be studied on an individual basis. 5 e e e e e C. All paving and other construction of buildings shall be pennanent, fire-resistant, and shall be kept compatible with the design, material and landscaping of the basic structures of the Airport. D. Detailed plans and specifications of all construction, landscaping and architectural design shall require the written approval of the City, approval to not be unreasonably withheld, before any construction commences. E. Adequate maintenance of leased areas and improvements shall be provided by the Lessee. F. Whenever there is a requirement in these statements that the FBO must provide improvements, that requirement may be fulfilled by the FBO constructing said improvements or leasing them from the City. IV MINIMUM FINANCIAL STANDARDS Each Fixed Base Operator must meet the financial standards described below for the type of Facility to be operated. A Fixed Base Operator must show financial solvency and business ability to the satisfaction of the City. The proposed operator must: A. Be capable of financing hangars, aircraft and automobile parking areas, and other leasehold improvements of not less than an initial cost of $2,000,000 for a General Fixed Base Operator to meet all the requirements listed in Section II, Paragraphs A and B and a $500,000 initial cost for each Specialized Fixed Base Operator. In the event that a combination of two or more specialized services are to be provided by a General or Special Fixed Base Operator, then the combined total financial requirements for the specialized activities so combined may be reduced 20% of said total. B. Submit an acceptable audited financial statement adequate to meet the minimum standards and tenns of the lease agreement. C. Provide and maintain minimum insurance coverage with limits acceptable to the City as follows: public liability insurance, for personal injury and property damage, hangar keepers liability insurance, and products liability insurance. D. Provide adequate fire and extended coverage insurance. V. PRE QUALIFICATION REQUIREMENTS The prospective Fixed Base Operator shall submit to the City at the time of his application the following infonnation and thereafter, such additional infonnation as may be requested by the City. A. Intended Scope of Activities 6 e e e e e As a condition precedent to the. granting of an operating privilege on the Airport, the prospective operator must submit a detailed description of the scope of the intended operation, the improvements to be constructed and the means and methods to be employed to accomplish the contemplated operation standards in order to provide high-quality service to the aviation and general public. B. Financial Responsibility The prospective operator must provide a certified statement as prepared by a Certified Public Accountant, said statement to be satisfactory to the Authority, in evidence of his financial responsibility. The prospective operator must also demonstrate financial capability to initiate operations for the construction of improvements and appurtenances that may be required commensurate with the concept of the proposed operation or operations, and shall also indicate his ability to provide working capital to carry on the contemplated operations, once initiated. c. Experience The prospective operator shall also furnish the Authority with a statement of past experience in the specified aviation services selected to be supplied on the Airport showing at least five (5) years executive management experience in a business engaged in the types of services to be offered. VI REQUIREMENT OF A PRIOR WRITTEN AGREEMENT Prior to the commencement of construction or operation, the prospective operator shall be required to enter into a written agreement with the City, which agreement shall recite the terms and conditions under which said operator will operate their business on the Airport, including, but not limited to, the term of the agreement; the rentals, fees, and charges; the rights, privileges, and obligations of the parties; and other relevant covenants. It should be understood, therefore, that neither the conditions herein contained nor those set forth in the schedule of minimum standards represent a complete recitation of the provisions to be included in a written agreement. Adopted by Resolution on December 3,2001 7 e e e e e "Exhibit B" LEASE AGREEMENT AIRPORT FACILITY This Lease Agreement made and entered into this the _ day of December, 2001, by and between the CITY OF MONROE, a North Carolina Municipal Corporation (the "City") and On Eagles Wings Aviation, LLC, a flight training provider, and aircraft leasing and rental corporation organized and existing under the laws of the State of North Carolina (the "Lessee") THAT WHEREAS, the City owns the Monroe Municipal Airport and has authorized the operation of a Special Fixed Base Operator; NOW, THEREFORE, for and in consideration ofthe premises and mutual covenants contained herein, and in further consideration of the payment of the rent and fees set forth herein, the City and Lessee agree as follows: 1. Leased Premises Lessee hereby leases from the City the property described as Flight Training Area consisting of 21 0 square feet, more or less, located in the terminal facility at the Monroe Municipal Airport, as shown on the attached Exhibit AI, to be used as an office for flight training and sight seeing services. Lessee shall have the full use and enjoyment of all areas identified as "Common Area" and "FBO Common Area" on Exhibit AI. For this full use and enjoyment the lessee will lease a pro-rata share (7%) of the "Common Area" (130 square feet) and a pro-rata share (14%) of the "FBO Common Area" (177 square feet) as shown in Exhibits Al and A3. The leased premises shall also include a portion of the aircraft tie down spaces as identified on the attached Exhibit A2 as area 11. This portion shall be only for airplanes used for training and for lease and rental by On Eagles Wings Aviation, LLC. 2. Term of Lease The Contract term shall be for three years. There will be two one-year renewals. Either party may cancel the contract with a ninety day written notice. The term of this Agreement shall commence on the _ day of December, 2001 and terminate on the _ day of December 2004. If Lessee remains in possession of the leased premises after the expiration of the term hereof, with Lessor's acquiescence and without any express agreement of the parties, Lessee shall be a tenant at will and there shall be no renewal of this agreement by operation oflaw. 3. Lease Payment The rent for the premises shall be $5,542.24 per year, payable in twelve (12) equal payments of$461.85 per month, payable to the City on the first day of each month, in advance. Lessee will also pay a pro-rata share (9%) of utilities (water, sewerage, e e e e e electric, gas). The rental rates will increase by the Consumer Price Index, All Items, in July of each year. 4. Use of Premises The premises shall not be used for any purposes except for those herein designated without the prior written consent of the City. The leased premises shall be used for the purpose of conducting the business of a Specialized Fixed Base Operator to wit a Flight Training Provider, and airplane rental and leasing and for no other purpose. 5. Default The following events shall constitute events of default: a. failure to pay any lease payment or fee when due; b. failure to comply with or perfonn any covenant or condition set forth in this Agreement; c. failure to comply with the applicable rules and regulations of the City and Monroe Municipal Airport, including the Schedule of Minimum Standards For Commercial Aeronautical Activities and Fixed Base Operations and the Airport Safety Regulations; d. failure to comply with any state or federal rule, regulation, order, ordinance and statute applicable to Lessee's possession of the leased premises and Lessee's business; e. the filing by Lessee, its successors or assigns, of any bankruptcy petition or state insolvency proceeding or the appointment of a receiver, trustee or other judicial officer to operate Lessee's business, or any assignment for the benefit of creditors; f. abandonment of the leased premises; or g. cessation of Lessee's business. 6. Rights Upon Default or Breach Upon the occurrence of an event of default as described in Paragraph 5, the City shall provide notice ofthe default to Lessee. If such default continues for more than twenty (20) days after written notice or demand the City, at its option, has the right to declare this Agreement null and void and to tenninate the Agreement, and without any legal proceeding re-enter and take possession of the leased premises. The City has the right to re-enter and remove all persons or property from the leased premises without the City being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Lessor, upon default or breach of this Agreement by Lessee, 2 e e e e may, at its option, accelerate payment of all rent due pursuant to this Agreement, and sublet the premises at the best price obtainable by reasonable effort, and hold Lessee responsible for the balance, if any, between the rent obtained upon reletting and the rent charged to Lessee, plus any damages the City may incur by reason of Lessee's default or breach, including the cost of recovering the leased premises, reletting the leased premises, and reasonable attorney fees. The rights of Lessor are cumulative and Lessor may avail itself of any other rights and remedies under the law, and failure of the Lessor to avail itself of any particular remedy shall not constitute a waiver of such remedy. 7. Repairs and Maintenance Repairs necessitated by the actions or neglect of the City shall be paid for by the City. Repairs necessitated by the actions or neglect of Lessee shall be paid for by the Lessee. All other repairs and all general maintenance shall be prorated on the basis of the prorata share of space in the new terminal facility occupied by Lessee and the City shall pay for such repairs and invoice Lessee for its share which Lessee agrees to pay according to the terms of the invoice. 8. Insurance On Eagles Wings Aviation, LLC shall obtain and provide, on or before the commencement ofthe term and keep in force at all times thereafter, the following insurance coverage with respect to the premises: A) Comprehensive General Liability Insurance, with contractual liability endorsement, relating to the leased premises and its appurtenances on an occurrence basis with a minimum single limit of at least Five Million ($5,000,000.00) Dollars, and an endorsement naming Monroe as an additional insured. B) Fire and Extended Casualty Coverage Insurance in an amount adequate to cover the replacement value of all personal property, decorations, trade fixtures, furnishings, equipment, leasehold improvements, and alterations, if any, and all contents therein. C) Workers Compensation Insurance as required by local, state and federal laws for all employees of On Eagles Wings Aviation, LLC, and employees of persons hired by On Eagles Wings Aviation, LLC to perform any work on the premises. D) Such other insurance as may be determined necessary by Monroe due to the particular nature or type of business or activity carried on by On Eagles Wings Aviation, LLC or its assigns. e A certificate of insurance evidencing coverages shall be delivered to Monroe prior to the commencement of the lease, and shall be provided annually thereafter. 3 e e e e e 9. Right of Entry Monroe, at reasonable times and frequency, shall have the right to enter the premises to examine the same and to make such repairs, alternations, improvements or additions as it deems necessary without the same constituting an eviction of On Eagles Wings Aviation, LLC in whole or in part. Rent shall not abate while any repairs, alternations, improvements, or additions are being made provided that Monroe shall proceed expeditiously with the same and without unreasonable interference or interruption to On Eagles Wings Aviation, LLC's use ofthe premises. 10. Taxes On Eagles Wings Aviation, LLC shall pay all ad valorem taxes and assessments of Union County and the City of Monroe on all personal property, decorations, trade fixtures, furnishings, equipment, leasehold improvements, and alterations belonging to it. 11. Subletting and Assignment On Eagles Wings Aviation, LLC shall not sublet or assign any portion of the leased premises without the written consent of Monroe. 12. Damage to or Destruction of Premises bv Force Maieure It is mutually covenanted and agreed that if, during the tenn of this lease, or any extension or renewal thereof, said leased premises as they now exist shall be substantially destroyed by fire, windstonn, tornado, or other casualty, then this lease, at the option of either party, and upon ten days' notice in writing to the other party, shall cease and tenninate and such party shall be released from further obligation hereunder, and Monroe shall refund to On Eagles Wings Aviation, LLC any portion of the rent paid in advance and not earned at the time of such destruction. If however, during the tenn of this lease, the said premises as they now exist shall be only partly destroyed by fire, windstonn, tornado or other casualty, Monroe shall repair the premises as speedily as possible at its own expense, and until the completion of such repairs the Lessee shall be entitled to a reduction in rent in proportion to the amount of floor space of which it is deprived of use while such repairs are being made. Damage to such an extent as to render forty percent or more of the floor space unusable for the purposes of On Eagles Wings Aviation, LLC's business shall be "a substantial destruction" within the meaning of this agreement, and damage which renders less than forty percent of floor space usable for the purposes of On Eagles Wings Aviation, LLC' s business, but which cannot be repaired within sixty days, shall likewise be deemed "a substantial destruction." Monroe agrees to cooperate with On Eagles Wings Aviation, LLC in the repair of any damage to the end that the work be done at the earliest possible time. 4 e e e e e 13. Utilities Monroe and On Eagles Wings Aviation, LLC shall each pay their own telephone charges. All other utility bills shall be prorated according to "Exhibit B". Monroe will pay said bills and invoice On Eagles Wings Aviation, LLC for its share, which On Eagles Wings Aviation, LLC agrees to pay in accordance with the terms of invoice. 14. Liens On Eagles Wings Aviation, LLC shall keep the leased premises free from any and all leasehold security instruments and liens of any kind or nature for any work done, labor performed, material furnished thereon at the instance or request or on behalf of On Eagles Wings Aviation, LLC unless approved in writing by Monroe. 15. Indemnification On Eagles Wings Aviation, LLC shall indemnify, save and keep Monroe, its officers and employees, free and harmless from and against any and all actions, suits, proceedings, claims and demands for injury, damage, loss, liability, cost and expense, of any kind or nature whatsoever, which may be brought, made or filed against Monroe, its officers and employees, by reason of or arising out of, or in any manner attributable to any and all operations of On Eagles Wings Aviation, LLC in the use of the leased premises and by reason of the use of the airport and not arising out of or resulting from the gross or sole negligence of Monroe, its officers and employees. 16. Lessee Not to Suffer Waste On Eagles Wings Aviation, LLC covenants and agrees not to do or suffer any waste upon said premises and not to make any unlawful or offensive use of the same, and at the end of the term to deliver said premises in as good state and condition as reasonable use and wear thereofwill permit. 17. Agreement Not Exclusive The terms and conditions of this agreement shall not prevent Monroe from executing leases with other Fixed Base Operators as well as the United States Army, United States Air Force, United States Navy or other Federal agency pertaining to governmental flying in the use of said airport facilities. Any Fixed Base Operator must maintain at all times minimum standards as set forth in Monroe's Schedule of Minimum Standards. 18. Preemptive Use bv Government Agency If, during this agreement, the United States Government or any other governmental agency acquires possession of the premises or any portion thereof herein 5 e e e e e leased by virtue of any laws now in effect or which may become effective during the term of this agreement, then this agreement at the option of On Eagles Wings Aviation, LLC may be terminated or may be suspended in whole or in part for the period of time On Eagles Wings Aviation, LLC is deprived of the premises or any part thereof, and thereafter On Eagles Wings Aviation, LLC may resume this tenancy and the agreement shall continue until the full term thereof has been enjoyed by On Eagles Wings Aviation, LLC. Provided, that an equitable adjustment in the rent shall be made for any period when On Eagles Wings Aviation, LLC is prevented from the full use and enjoyment of the premises by reason of such possession. 19. Inspection by FAA It is agreed and understood between the parties that during the term of this agreement or any renewal thereof, the Federal Aviation Administration or any other Federal or State Agency shall be permitted to enter said premises and to make inspections and any improvements to or on said Airport facility. 20. Alterations by Lessee On Eagles Wings Aviation, LLC must first obtain the written approval of Monroe before making any alterations, additions or improvements in or on said leased premises. 21. Fees for Services On Eagles Wings Aviation, LLC agrees to operate the leased premises for the use and benefit of the public and to make available all services to the public without discriminatory or otherwise unreasonable charges or fees for any of the above services. It is agreed that rates or charges for such activities and services shall be fixed by On Eagles Wings Aviation, LLC and shall be subject to Monroe's approval. Such approval will not arbitrarily or unreasonably be withheld. 22. Prohibited Transactions On Eagles Wings Aviation, LLC shall not enter into any transaction which would deprive Monroe of any of the rights and powers necessary to perform all covenants of the Grant Agreements or other obligations under various type agreements and in particular agreements it might have with FAA or which would deprive Monroe of rights to terminate this lease under the terms hereof 23. Non-Discrimination On Eagles Wings Aviation, LLC agrees that in its operation and use of said facility, it will not on grounds of race, color, creed, age, sex, or national origin, discriminate or permit discrimination against any person or group of person in any manner prohibited by Part 15 of the Federal Aviation Regulations. Monroe hereby 6 e e e e e reserves the right to take such action as the Federal Aviation Administration may direct to enforce such covenant of nondiscrimination. 24. Non-Exclusive Rights It is expressly understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of exclusive rights within the meaning of Section 308(a) of the Federal Aviation Act of 1958 as amended. 25. Peaceful Enioyment So long as On Eagles Wings Aviation, LLC is in full compliance with the provisions ofthis lease it shall have full, quiet, peaceful enjoyment of the premises during the term of this agreement, inclusive of ingress and egress ofthe premises, subject only to such reasonable rules, regulations and Airport Policy as written, posted, adopted and as may from time to time be amended by Momoe and which are incorporated herein by this reference. Provided that the same do not or could not be expected to materially adversely affect On Eagles Wings Aviation, LLC's use and enjoyment ofthe premises as permitted and limited by this agreement. 26. Notice Addresses For the purposes ofthis agreement, notices shall be addressed as follows: Momoe's Notice Address. City of Momoe PO Box 69 Momoe, NC 28111-0069 Attn: City Manager On Eagles Wings Aviation, LLC's Notice Address. On Eagles Wings Aviation, LLC 1057 Brasstown Road Murphy, NC 28906 Attn: General Manager 27. Non-Waiver. The waiver by either party as to the breach of any covenant or condition to be performed by the other or the failure of either party to insist upon strict performance of any covenant or condition to be performed shall not be deemed to abrogate such covenant or condition, nor be deemed as a waiver of any continuing or subsequent breach thereof, but such covenant or condition shall continue and remain in full force and effect. 7 e e e e e 28. Entire Agreement This Agreement constitutes the sole and entire agreement between the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto. 29. Binding Effect This Agreement shall bind and inure to the benefit of Monroe and On Eagles Wings Aviation, LLC and their respective heirs, executors, legal representatives, successors and assigns. 30. Applicable Law This Agreement shall be construed under the laws of the State of North Carolina. 31. Venue This Agreement shall be deemed to have been made and performed in Monroe, North Carolina, and Lessee agrees that the proper venue for all claims, suits or causes of action in any way related to or arising out of this Agreement shall be the Union County North Carolina Superior Court or the United States District Court covering Union County, North Carolina, and Lessee agrees that such courts have jurisdiction and Lessee waives any defense based upon lack of juri~diction or improper venue. Executed in duplicate, this the day of ,2001. CITY OF MONROE Judy L. Davis, Mayor Attest: Jeanne M. Deese, City Clerk ON EAGLES WINGS AVIATION, LLC President Attest: Secretary 8 e e e e e "Exhibit C" Prepared by: The City of Momoe NORTH CAROLINA UNION COUNTY AMENDMENT TO LEASE AGREEMENT This amendment, made and entered into by and between the CITY OF MONROE, a North Carolina Municipal corporation ("Monroe") and PIEDMONT HAWTHORNE HOLDINGS, INC., also known as Piedmont-Hawthorne Aviation, a corporation licensed to do business in North Carolina ("Piedmont"); WITNESSETH WHEREAS, Monroe and Piedmont entered into an agreement entitled "Lease Agreement" dated May 5, 1998 and amended by letter dated October 6, 1998 (the "Lease"); and WHEREAS, Piedmont has made a determination to no longer provide flight instruction services to the public; and WHEREAS, Monroe will have to locate a Specialized Fixed Base Operator to provide flight instruction services; WHEREAS, the Specialized Fixed Base Operator will require office space to conduct it operations; NOW, THEREFORE, it is agreed that the Lease be amended as follows: 1. The Exhibit "A" revised on October 6, 1998, describing the leased premises is hereby replaced by a new Exhibit "AI" showing the areas to be occupied by Monroe and common areas to be used by Piedmont and Monroe. Not shown on "Exhibit AI" but included in the common areas is the parking area situated on the Airport Road side of the facility. 2. The Exhibit "B" describing the allocation of space at the Monroe Municipal Airport revised on October 6, 1998 is hereby replaced by a new Exhibit "A3" showing the revised allocation of space at the Monroe Municipal Airport Terminal Building. 3. Section 4 of the Lease shall be amended to provide that the yearly lease rate for the space leased by Piedmont shall be $41,572.16 to be paid in equal monthly installments of $3,464.35. 1 e e e e e 4. In accordance with Sections 5 and 11 of the Lease, payments for repairs, maintenance and utilities will be based on the revised space allocation in new Exhibit "A3". Attest: Executed this the _ day of ,20_. CITY OF MONROE By: Mayor Attest: City Clerk PIEDMONT HAWTHORNE HOLDINGS, INC. By: President Secretary CHLT 50159vl 2 A(RSIDE. "EXHIBIT Al" e AREA S e -,:¡ n o ;:¡: o Z -0 f> i edMeJ'ni J¡-r<Cí\ f,.{ PIEDMONT AREA 1 ...... FßO C.",mMOI'\ . ftl' eo. "ì PIEDMONT AREA :3 :> ~ n 1> r- S V\ctcJ 8" pBo CcJ11l~ A-t"'-M\.ß' COMMON ARE e FI;~~T T fq;'t\:n " CITY OF MONROE r.ß01 c..O'''"\¡;hdl1 frl'eo. ~.- 2. , . AREA SOU ARE FEET ëITYOF MONROE 993 e PIEDMONT Area 1 972 Area 3 160 . . Area 5 134 .- Area 4 ill TOTAL 1,738 Flight Training 210 , FBO Common Area Area 2 445 Area 8 324 - Area 7 ill ~ ~ i " TÐTAL 1,242 .. ROADSIDE Common Area 1.819 e { .J. GRAND TOTAL 6,002 i~-" ~,. :\ "EXHIBIT AJ" ALLOCATION OF SPACE AT THE MONROE MUNICIPAL AIRPORT Piedmont City School Total Direct Use Square Feet 1738 993 210 2941 Percentage 59% 34% 7% Common Area Square Feet 1075 614 130 1819 Percentage 59% 34% 7% FBO Common Area Square Feet 1065 0 177 1242 Percentage 66% 0% 14% Total \ Square Feet 3878 1607 517 8002 Percentage 65% 27% 9% / - "-'" .',.' -.' . ''''",'. , e e e e e e e e e e "Exhibit D Prepared by: The City of Momoe NORTH CAROLINA UNION COUNTY AMENDMENT TO AIRPORT FIXED BASE OPERATOR LEASE This amendment, made and entered into by and between the CITY OF MONROE, a North Carolina Municipal corporation (the "Owner") and PIEDMONT HAWTHORNE HOLDINGS, INC., dba Piedmont-Hawthorne Aviation, a Delaware corporation licensed to do business in North Carolina (the "Operator"); WITNESSETH WHEREAS, the Owner and Operator entered into an agreement entitled "Airport Fixed Base Operator Lease" dated September 7, 1993 and amended on May 5, 1998 and September 19,2000 (the "FBO Lease"); and WHEREAS, the Operator has made a detennination to no longer provide flight instruction services to the public; and WHEREAS, the Owner will have to locate a Specialized Fixed Base Operator to provide flight instruction services; WHEREAS, since the Owner will have to provide aircraft storage space for a new Specialized Fixed Base Operator, it is advantageous to create Land Lease Area No. 11 encompassing approximately 20,000 square feet oftie down space; Land Lease Area No. 11 will be deducted ITom Operator's lease. NOW, THEREFORE, it is agreed that the FBO Lease and the May 5,1998 amendment will be further amended as follows: Airport FBO Lease September 7, 1993: 1. Paragraph 2 is amended to delete the phrase "flight instruction of all kinds". 2. Paragraph 9 is amended to delete the phrase "The Operator has the right to provide a FAA Certified Flight School and at least one full-time FAA Certified Flight instructor to provide said instruction." Paragraph 9 is further amended to add "The Operator has the right to and shall provide charter flights, aircraft sale, hangar and maintenance buildings and will provide an FAA licensed mechanic. The Operator shall provide reasonable security for the grounds and rental property of the Monroe Airport included in the leased premises. The above services shall be subject to the Airport Policy adopted by the Owner and any amendments thereto as may be made from time to time." 1 e e e e e 3. The present Exhibit "A" dated February 20, 1998 and revised April 10, 1998 and September 19,2000 describing the leased premises is hereby replaced by a new Exhibit "A2" with the leased premises covered by the FBO Lease being land lease areas 1, S, and 8 and Facility Lease Area "B". Said new Exhibit "A2" is attached and incorporated by reference. Amendment to Airport Fixed Base Operator Lease, May S, 1998. 4. Item 2 is changed as follows: S. The Operator shall pay to the Owner, in consideration of the leased premises the following rental: Sa. ( remains the same) Sb. For the period beginning with the approval of this Amendment by the Operator and the Owner and until the 30th day of A~ril, 2004 the sum of $1 ,878.92 per month payable in advance or on or before the lOt day of the month for which it is due. Se. For the period beginning the first day of May 2004 and until the 30th day of April, 2009 the sum of$S,010.44 per month payable in advance or on or before the 10th day of the month for which it is due. Sd. For the period beginning the first day of May 2009 and until the 30th day of April, 2013 the sum of$8,141.9S per month payable in advance or on or before the 10th day ofthe month for which it is due. Se. ( remains the same) Sf. ( remains the same) S. Nothing in this amendment shall prohibit the Operator from providing flight instruction services in the future so long as the Operator meets all requirements for flight instruction services as set forth in the Owner's Schedule of Minimum Standards For Commercial Aeronautical Activities and Fixed Base Operations. 2 ~ .......,..,"..,..'~""'.',.".,."",",.' ~" ."".. 3;j'J¡,···..";, ,. , ..~ ..--. (t.:.......~ .' .:0 ... 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