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03-05-2019 City Council Regular MeetingCITY COUNCIL REGULAR MEETING 300 WEST CROWELL STREET MONROE, NORTH CAROLINA 28112 MARCH 5, 2019 — 6:00 P.M. AGENDA www.monroenc.org RECOGNITIONS 1. Student Art Showcase Participants for 2019 2. Proclamation recognizing Central Academy of Arts and Technology Wrestling Team (, CONSENT AGENDA The City Council uses a Consent Agenda to consider items that are non -controversial and routine. The Consent Agenda is acted upon by one motion and vote of the Council. Items may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council Member or Citizen with consent of Council. The Consent Agenda contains the following items: 3. Advertisement of Unpaid Real Estate Property Taxes (Moved to Regular Agenda as Item No. 18) 4. Award of Fiscal Year 2019 Audit Services Contract to Martin Starnes & Associates 5. Budget Amendments A. Downtown Donation from John Thomasson B. Parks and Recreation Donation from Atrium Health C. Police Department Reimbursement from Interlocal Risk Financing Fund of North Carolina 6. Call for Public Hearings to be Held April 2, 2019 A. Zoning Map Amendment Request to Rezone Property Located near Intersection of John Moore Road and Hickory Grove Road from Conditional District "Dogwood Forest" to Conditional District "Dogwood Forest Amendment 1" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established" B. Zoning Map Amendment Request to Rezone Property Located at 2111 Stafford Street Extension from General Industrial to Conditional District "Bridge to Recovery" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established" C. Zoning Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.124 (E)(15) Table titled "Dimensional Requirements in the CA -0 District" City Council Regular Meeting March 5, 2019 Page 122 7. Center Theatre Property Donation A. Offer to Purchase and Sale Agreement for Property Located off Stewart Street Owned by J.R. Shute Company, LLC B. Addition of Property as Collateral for Financing C. Resolution to Acquire Portion of Real Property D. City Manager to Execute Documents 8. Charlotte -Monroe Executive Airport A. Ordinance Amending Code of Ordinances — Title VIII: General Offenses, Chapter 131: Monroe Regional Airport B. Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operations Policy (MA -01) C. City Manager to Execute Policy 9. Concord Avenue Bridge Replacement Project to Include Pedestrian Improvements 10. Demolition of 320/322-330 E. Franklin Street A. Change Order #1 from D.H. Griffin Wrecking Co., Inc. B. City Manager to Execute Documents 11. Fire Station #5 Fire Sprinkler and Alarm System A. Award of Contract to IPI Fire Protection B. City Manager to Execute Documents 12. Minutes and Reports A. Disbursement of Fiscal Year 2018-2019 City Council Discretionary Funds 1) Council Member Billy Jordan B. Financial Reports for February 2019 C. Minutes of Board of Adjustment Meeting of December 13, 2018 D. Minutes of Charlotte -Monroe Executive Airport Commission Meeting of January 14, 2019 E. Minutes of City Council Meetings of February 5, 2019 F. Minutes of General Services Committee Meeting of December 13, 2018 G. Minutes of Historic District Commission Meeting of January 14, 2019 H. Minutes of Monroe Tourism Development Authority Meeting of January 10, 2019 I. Minutes of Monroe -Union County Economic Development Board of Advisors Meeting of January 15, 2019 J. Minutes of Planning Board Meeting of January 9, 2019 K. Minutes of Public Safety Committee Meeting of December 17, 2018 L. Minutes of Winchester Neighborhood Sub -Committee Meetings of November 15, 2018 and January 29, 2019 M. Summary of Contracts Awarded, Change Orders Approved and Settlement of Claims 13. Ordinances City Council Regular Meeting March 5, 2019 Page 123 A. Code of Ordinances — Title VII: Traffic Code, Chapter 75: Traffic Schedules — Schedule I — Speed Limits, Section (A) titled "State Maintained Streets" to Adjust Description on Maple Hill Road B. Code of Ordinances — Title VII: Traffic Code, Chapter 76: Parking Schedules — Schedule II — Parking Restricted, Section (B) titled "Two Hour Parking" and Schedule V — Accessible Parking, Section (A) titled "Accessible on Street Parking" to Modify Jefferson Street 14. Pinedell Avenue Culvert Replacement and Road Widening Capital Improvement Project A. Change Order from CDM Smith B. Capital Project Budget Ordinance C. City Manager to Execute Change Order 15. Resolutions A. Exempting Winchester Revitalization Area Environmental Level of Review Site Strategy from Engineering Qualification -Based Selection Process B. Retiring Employee Keith William Ulrich 16. Tax Releases for January 2019 17. Utility Fee Grant Program Fee Waiver Request by Monroe -Union County Community Development Corporation REGULAR AGENDA Public Hearings — Please adhere to the following guidelines: • Proceed to the podium, and state your name and address clearly; • Be concise; avoid repetition; limit comments to three (3) minutes or less; • Designate a spokesperson for large groups. 18. Advertisement of Unpaid Real Estate Property Taxes 19. Historic Landmark Designation for Ashcraft-Garren Home Located at 304 E. Houston Street A. Public Hearing B. Action — Ordinance Declaring Historic Landmark 20. Zoning Map Amendment Request to Rezone Property Located near Intersection of North Charlotte Avenue and Dickerson Boulevard from Conditional District "Dickerson Boulevard Residential" to Conditional District "Fraser Court" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established" A. Public Hearing B. Action —Resolution Approving Land Development Plan Compliance C. Action —Resolution Denying Land Development Plan Compliance City Council Regular Meeting March 5, 2019 Page 124 D. Action —Zoning Map Amendment Denial 21. Zoning Map Amendment Request to Rezone Property Located at 410 N. John Street from Residential High Density (R-10) to Conditional District "Cupbearer Meal Center" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established" A. Public Hearing B. Action —Resolution Approving Land Development Plan Compliance C. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:106 titled "Official Zoning Map" D. Action — Ordinance Amending Code of Ordinances — Chapter: 156, Section 156:98 titled "Conditional Districts Established" 22. Water and Sewer Service Request by Apprentice Academy High School 23. Recommendations of Appointments/Reappointments to Committees 24. Reconsideration of Vote for Sidewalk Waiver Request by Union Power Cooperative 25. Resolution Supporting North Carolina's Current Public Alcoholic Beverage Control System (40", 26. Public Comment Period A. Michele King (OW 27. Closed Session Pursuant to North Carolina General Statute Sections §143-318.11(a)(1) and (a)(3) Eastwood Construction, LLC and Eastwood Construction, LLC d1b/a Eastwood Homes v. City of Monroe City Council Regular Meeting March 5, 2019 Page 125 CITY OF MONROE CITY COUNCIL REGULAR MEETING Cr MARCH 5, 2019 MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers located at 300 West Crowell Street in Monroe, North Carolina at 6:00 p.m. on March 5, 2019 with Mayor Bobby Kilgore presiding. Present: Mayor Bobby Kilgore, Mayor Pro Tem Gary Anderson, Council Member Surluta Anthony, Council Member Marion Holloway, Council Member Billy Jordan, Council Member Lynn Keziah, Council Member Franco McGee, City Manager E.L. Faison, City Attorney S. Mujeeb Shah-Khan and City Clerk Bridgette H. Robinson. Absent: None. Visitors: Misty Gaddy, Barbara Moore, Dennis Threadgill, Harold Ferguson, Robert Hughes, Jason Young, Don Donahue, Mike Lash, Michele King, Dawn Hinkel, James Hinkel, Alice Rust, Tony Autry and others. Mayor Kilgore called the City Council Regular Meeting of March 5, 2019 to order at 6:00 p.m. A quorum was present. RECOGNITIONS. Item No. 1. Student Art Showcase Participants for 2019. Assistant City Manager Brian Borne advised that the Student Art Showcase was a citywide showcase for elementary, middle and high school students and was designed to encourage and promote interest in fine art. Mr. Borne advised that artwork would be displayed in City Hall for a one-year period. The following artwork was recognized: SCHOOL STUDENT GRADE Rocky River Elementary Taliyah Hacket 4 Rocky River Elementary Patrick Glasson 3 Rocky River Elementary Abigail Gaddy 1 Union Academy Bianna Batsuk 1 Union Academy Jessica Reyes Ortiz 8 Walter Bickett Elementary Summer Allen K Walter Bickett Elementary Fredis Cruz 3 Item No. 2. Proclamation recognizing Central Academy of Arts and Technology Wrestling Team. On behalf of Mayor Kilgore, Mayor Pro Tern Anderson read Proclamation P-2019-03 recognizing Central Academy of Arts and Technology Wrestling Team: City Council Regular Meeting March 5,2019 Page 126 PROCLAMATION RECOGNIZING CENTRAL ACADEMY OF TECHNOLOGY AND ARTS WRESTLING TEAM P-2019-03 WHEREAS,Central Academy of Technology and Arts(CATA)is a Union County comprehensive magnet high school of academies located in the City of Monroe that opened in 2006;and WHEREAS,the CATA wrestling team accumulated a dual season record of 28 wins and two losses and won six tournaments by an average of 75 points over the second place team; and WHEREAS, CATA's 2018-2019 wrestling team became the first conference tournament champion,regional tournament champion and 2019 NCHSAA 2A state tournament champion in the 12- year history of the program; and WHEREAS,CATA wrestling dominated the state championship event sending three wrestlers to the finals with Kyle Monteparto and Cade Haines winning championships,Aiden Curry finishing as a runner up, Jake Dodson placing third, Brady Ross placing fourth, and Hunter Ross and Preston Scarborough placing fifth;and WHEREAS, CATA wrestling team members, coaches, parents, students and supporters exemplified the high standards of sportsmanship, teamwork, and school pride throughout the season; and NOW,THEREFORE, I Bobby G. Kilgore,by the virtue of the authority vested in me as Mayor of the City of Monroe,do hereby proclaim the CATA Wrestling Team a vital part of the City of Monroe community and encourage all citizens to express appreciation and support for its accomplishments. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 5th day of March,2019. CONSENT AGENDA Written background information was provided in advance in the Council Agenda Packet for each item on the Consent Agenda. Following review of the Consent Agenda, City Attorney Shah-Khan requested that Item No. 3 (Advertisement of Unpaid Real Estate Property Taxes)be removed from the Consent Agenda and placed on the Regular Agenda for discussion. One motion and vote was taken, which included approval of all items on the Consent Agenda, with the exception of Item No. 3 (Advertisement of Unpaid Real Estate Property Taxes). Item No. 3. Advertisement of Unpaid Real Estate Property Taxes. Moved to the Regular Agenda as Item No. 18. Item No. 4. Award of Fiscal Year 2019 Audit Services Contract to Martin Starnes & Associates. Finance Director Lisa Strickland advised by memorandum that a Request for Proposals was completed in February 2014 and Martin Starnes&Associates was the firm selected by the Finance Committee's Audit Selection Team. Ms. Strickland advised that the City first contracted with Martin Starnes & Associates for the Fiscal Year 2014 audit. She advised that a City Council Regular Meeting March 5,2019 Page 127 new five-year service agreement was approved by Council last Fiscal Year that would last through Fiscal Year 2023. Ms. Strickland advised that if approved, this would be the sixth year with this audit firm. She advised that the estimate given by the firm for the next five years were as follows: $74,275 for Fiscal Year 2019; $76,500 for Fiscal Year 2020; $78,800 for Fiscal Year 2021; $81,150 for Fiscal Year 2022; and, $81,150 for Fiscal Year 2023. Ms. Strickland advised that there were no disputes or conflicts with the audit firm in the prior year and the City received the audit report and financial statements in a timely manner in order to meet the Local Government Commission's submission deadline of October 31. Ms. Strickland advised that the proposed contract for audit services for the City for the Fiscal Year ending June 30, 2019 was $74,275. She advised that this fee reflected maintaining the current level of audit services. Ms. Strickland advised that this included testing of internal controls to ensure that the City's financial statements were fairly presented, in all material respects, in conformity with generally accepted accounting principles, preparation of the annual financial statements and an audit to maintain compliance with single audit act requirements. Ms. Strickland advised that the proposed contract for audit services for the City for Fiscal Year ending June 30, 2019 was $74,275. She advised that this fee reflected maintaining the current level of audit services. Ms. Strickland advised that these services included testing of internal controls to ensure that the City's financial statements were fairly presented,in all material respects, in conformity with generally accepted accounting principles, preparation of the annual financial Cr' statements and an audit to maintain compliance with single audit act requirements. Ms. Strickland advised that this matter was presented to the General Services Committee on February 18, 2019. Ms. Strickland advised that it was the recommendation of the General Services Committee and Staff that Council approve the audit contract with Martin Starnes & Associates in the amount of $74,275 for the Fiscal Year ending June 30, 2019. Council Member Anthony moved to approve the audit contract with Martin Starnes &Associates in the amount of$74,275 for the Fiscal Year ending June 30, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: �r AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 5. Budget Amendments. A. Downtown Donation from John Thomasson. Finance Director Lisa Strickland advised by memorandum that Downtown/Facilities Maintenance Division had received a $2,000 donation from John Thomasson to be used for tree planting. City Council Regular Meeting March 5,2019 Page 128 Ms. Strickland advised that this matter was presented to the General Services Committee on February 18, 2019. Ms. Strickland advised that it was the recommendation of the General Services Committee and Staff that Council adopt a Budget Amendment appropriating and designating the funds. Council Member Anthony moved to adopt Budget Amendment BA-2019-05: BUDGET AMENDMENT BA-2019-05 1. Amendment necessary to designate and appropriate funds donated by John Thomasson for tree planting. Cr General Fund: Revenues: Miscellaneous $2,000 Expenditure: Tree Planting $2,000 Adopted this 5th day of March,2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None B. Parks and Recreation Donation from Atrium Health. Parks and Recreation Director Tonya Edwards advised by memorandum that Staff had received a$150 donation from Atrium Health to be used for activities and programs at the Ellen Fitzgerald Senior Center. Ms.Edwards advised that Staff presented this item to the General Services Committee on February 18, 2019. Ms. Edwards advised that it was the recommendation of the General Services Committee and Staff that Council adopt a Budget Amendment appropriating and designating the funds. Council Member Anthony moved to adopt Budget Amendment BA-2019-02: BUDGET AMENDMENT BA-2019-02 1. Amendment necessary to designate and appropriate funds received from Atrium Health to be used for programs and activities at the Ellen Fitzgerald Senior Center. General Fund: Revenues: City Council Regular Meeting March 5,2019 Page 129 Miscellaneous $150 Expenditures: Crr Parks and Recreation $150 Adopted this 5th day of March,2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None C. Police Department Reimbursement from Interlocal Risk Financing Fund of North Carolina. Police Chief Bryan Gilliard advised by memorandum that a check in the amount of $3,611.40 had been received from the Interlocal Risk Financing Fund of North Carolina for a 2014 Ford Interceptor. Mr. Gilliard advised that these funds were being received as payment for collision damage to the vehicle, but because the car had also sustained mechanical damage, Staff determined it was more beneficial to dispose of the vehicle and these funds would be used towards replacement of the patrol vehicle. He advised that Staff noted that the City's Officer was a contributor to the accident; however, the Officer was not completely at fault but did not clear the intersection while running his emergency lights and siren. Mr. Gillard advised that the right front of the vehicle was struck. He advised that appropriate disciplinary action was administered to the employee on September 24, 2018 in accordance with policy. Mr. Gilliard advised that this matter was presented to the General Services Committee on February 18, 2019. Mr. Gilliard advised that it was the recommendation of the General Services Committee and Staff that Council adopt a Budget Amendment accepting the reimbursement and appropriating and designating the funds. Council Member Anthony moved to adopt Budget Amendment BA-2019-01: BUDGET AMENDMENT BA-2019-01 1. Amendment necessary to designate and appropriate funds received from Interlocal Risk Financing Fund of North Carolina for damages to a patrol vehicle. General Fund: Revenue: Disposal of Fixed Assets $3,611 Expenditure: Public Safety $3,611 Adopted this 5th day of March,2019. City Council Regular Meeting March 5,2019 Page 130 Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 6. Call for Public Hearings to be Held April 2, 2019. A. Zoning Map Amendment Request to Rezone Property Located near Intersection of John Moore Road and Hickory Grove Road from Conditional District "Dogwood Forest" to Conditional District "Dogwood Forest Amendment 1" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established." Planning and Development Director Lisa Stiwinter advised by memorandum that Staff had received a zoning map request and text amendment request to rezone the property located near the intersection of John Moore Road and Hickory Grove Road identified with tax parcel 09- 298-119A from Conditional District "Dogwood Forest" to Conditional District "Dogwood Forest Amendment 1." Ms. Stiwinter advised that these requests were scheduled to be presented to the Planning Board on March 6, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on April 2, 2019 to consider these requests. If these items do not move forward at the March 6, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the requests before City Council on April 2, 2019. Council Member Anthony moved to call for a public hearing to be held on April 2, 2019 at 6:00 p.m. to consider these requests. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore ( NAYS: None �r B. Zoning Map Amendment Request to Rezone Property Located at 2111 Stafford Street Extension from General Industrial to Conditional District "Bridge to Recovery" and Text Amendment Request to Amend Code of Ordinances—Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established." Planning and Development Director Lisa Stiwinter advised by memorandum that Staff had received a zoning map request and text amendment request to rezone the property located at 2111 Stafford Street Extension and further identified with tax parcel 09-180-001 from General Industrial (GI) to Conditional District "Bridge to Recovery." Ms. Stiwinter advised that the rezoning was being requested in order to utilize the property for a substance abuse treatment center. City Council Regular Meeting March 5,2019 Page 131 Ms. Stiwinter advised that these requests were scheduled to be presented to the Planning Board on March 6, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on April 2, 2019 to consider these requests. If these items do not move forward at the March 6, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the requests before City Council on April 2, 2019. Council Member Anthony moved to call for a public hearing to be held on April 2, 2019 at 6:00 p.m. to consider these requests. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None C. Zoning Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.124 (E)(15) Table titled "Dimensional Requirements in the CA-O District." Planning and Development Director Lisa Stiwinter advised by memorandum that Staff was proposing zoning text amendment to Section 156.124.0 titled "Dimensional Requirements in the Concord Avenue Overlay(CA-O) District." Ms. Stiwinter advised that this request was scheduled to be presented to the Planning Board on March 6, 2019. For timing and scheduling purposes, she advised that Staff was requesting that Council call for a public hearing to be held on April 2, 2019 to consider this request. If this item does not move forward at the March 6, 2019 Planning Board Meeting, Ms. Stiwinter advised that Staff would not initiate the necessary steps to bring the requests before Council on April 2, 2019. Council Member Anthony moved to call for a public hearing to be held on April 2, 2019 at 6:00 p.m. to consider these requests. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 7. Center Theatre Property Donation. Assistant City Manager Brian Borne advised by memorandum that Staff was authorized to negotiate an easement agreement with J.R. Shute Company,LLC which was needed in the redevelopment and expansion of the Center Theatre. Mr. Borne advised that the easement agreement was filed with the Union County Register of Deeds' Office on January 17, 2019 referencing Parcel #09-232-081. He advised that in the negotiations, J.R. Shute Company, LLC offered to donate the needed property to the City for the redevelopment and expansion of the Center Theatre. Mr. Borne advised that at the Local Government Commission's recommendation, the property would be added as collateral for the financing, the survey would be amended and added to the Deed of Trust. He advised that upon approval, the closing was scheduled for April or May. City Council Regular Meeting March 5,2019 Page 132 Mr. Borne advised that this matter was presented to the General Services Committee on February C, 18, 2019. Mr. Borne advised that it was the recommendation of the General Services Committee and Staff that Council approve the donation of the property by approving an Offer to Purchase and Sale Agreement, approving the addition of the property as collateral for financing, adopting a Resolution to acquire a portion of the real property and authorizing the City Manager to execute any and all documents as required. A. Offer to Purchase and Sale Agreement for Property Located off Stewart Street Owned by J.R. Shute Company, LLC. Council Member Anthony moved to approve the Offer to tor Purchase and Sale Agreement: OFFER TO PURCHASE AND SALE AGREEMENT This AGREEMENT made and entered this 17t" day of January, 2019 between the CITY OF MONROE, a North Carolina Municipal Corporation, (hereafter Purchaser) and J.R. SHUTE COMPANY,LLC,a North Carolina limited liability company(Seller). WHEREAS, said Seller is the sole owner of that certain real estate located in the City of Monroe, Union County, State of North Carolina, consisting of approximately 38 square feet, more or less, identified as a portion of tax parcel number 09-232-081, and being a portion of the property described in a conveyance recorded January 21, 2011 from Joyce B. Shute, a 50% undivided interest and Joyce B. Shute and Jane Benton,co-Trustees of the Joseph Kirkland Shute Trust dated December 16, 1993,a 50% undivided interest to J.R. Shute Company, LLC, a North Carolina limited liability company, recorded in Book 5479, page 769, Union County Registry; along with any easements, tenements, hereditaments,privileges and appurtenances belonging thereto. The subject property being more specifically described as follows: beginning at the northwestern corner of the Seller's property, a common corner with now or formerly the Purchaser's property recorded in Record Book 6516, Page 81 in Union County Register of Deeds: thence with the Seller's northern property line in an easterly direction 90.77 feet to a point on the Seller's eastern property line, a common line with now or formerly Carlson Heisner Holdings,LLC property recorded in Record Book 5717,Page 810 in the Union County Register of Deeds;thence in a southerly direction along the Seller's eastern property line about 0.17 feet to a point; thence crossing the Seller's property in a westerly (110 direction about 90.76 feet to a point on the Seller's western property line;thence in a northerly direction with the Seller's western property line 0.67 feet to the point of beginning and containing about 38 square feet. WHEREAS, the Purchaser hereby offers to purchase the real property described herein and the Seller hereby accepts the offer upon the terms and conditions set out herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Purchaser agrees to purchase and the Seller agrees to sell the described property upon the following terms and conditions: 1. Purchase Price:The purchase price of the above described property shall be ONE DOLLAR AND NO/100($1.00)and shall be paid in full at the time of closing. Conditions: City Council Regular Meeting March 5,2019 Page 133 a. All deeds of trust,liens, agricultural rollback taxes and other charges against the property,not assumed by the Purchaser, must be paid and satisfied by Seller prior to or at closing and cancellation promptly obtained following closing. Seller shall remain obligated to obtain any such cancellations following closing. b. Property must be free and clear of all leases and claims of occupancy by any party prior to closing. Neither the execution of this agreement nor the consummation of the transactions contemplated hereby will constitute a violation of or be in conflict with or constitute a default under any term or provision of any agreement or lease to which Seller is a party. c. Title must be delivered at closing by General Warranty Deed and must be fee simple marketable title, free of all encumbrances except: ad valorem taxes for the current year;party wall rights, easements,rights of way, and unviolated restrictive covenants that do not materially affect the value of the property;and such other encumbrances as may be assumed or specifically approved by Purchaser. d. Sale is conditioned and contingent upon the Purchaser acquiring all necessary approvals and (` endorsements as required by law including,but not limited to,the Monroe City Councill[AD 1]. �r e. Seller has all necessary power and authority to enter into this Agreement, all actions required to be taken to approve or authorize the execution of this Agreement and consummation of these transactions have been taken,the persons executing this Agreement on behalf of Seller are duly authorized to do so, and the execution of this Agreement and the consummation of the transactions contemplated hereby constitutes the valid and binding obligation of Seller in accordance with its terms. f. Notwithstanding anything to the contrary contained in this Agreement,Purchaser may,for any reason prior to the closing date, elect to terminate the Agreement by giving written notice of such decision to Seller and all earnest money deposited,if any, shall be returned to Purchaser. In the event such notice of termination is given,neither party hereto shall have any remaining obligation or liability to the other. 2. Special Conditions: NONE 3. Special Assessments: Seller warrants that there are no pending or confirmed special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the property, and no confirmed owner's association special assessments. Seller shall pay any and all such outstanding assessments pending at the time of the closing. 4. Closing Expenses and Prorations: Unless otherwise specifically agreed,each party shall bear the usual and customary costs associated with North Carolina real estate closings. Pursuant to North Carolina law,all ad valorem taxes,late penalties and interest shall not be prorated and the Seller is responsible for ad valorem taxes for the entire 2019 tax year. 5. Labor and Materials: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to the Purchaser showing that all labor and materials, if any, furnished to the property within 120 days prior to closing have been paid for and agreeing to indemnify Purchaser against all loss from any cause or claim arising therefrom. 6. Closing: All parties agree to execute any and all documents and papers necessary in connection with closing and transfer title in or around January 2019 at a place designated by the Purchaser. The deed is to be made to the City of Monroe,a North Carolina Municipal Corporation. 7. Environmental: Seller represents and warrants,to Sellers knowledge,that there is/are no presence or disposal within the buildings or on the Property of hazardous or toxic waste or substances,which are defined as those substances,materials,and wastes,including but not limited to,those substances, materials,and wastes listed in the United States Department of Transportation Hazardous Materials Table(49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 City Council Regular Meeting March 5,2019 Page 134 CFR Part 302) and amendments thereto, or such substances, materials, and wastes, which are or become regulated under any applicable local, state, or federal law, including, without limitation, any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls,(iv)designated as Hazardous Substances pursuant to Section 331 of the Clean Water Act 33 USC Sec. 1251,et seq. (33 USC 1321)or listed pursuant to Section 307 of the Clean Water Act (33 USC Sec. 1371), (v) defined as a"hazardous waste"pursuant to Section 1004 of the Resource Conservation and Recovery Act 42 USC Sec. 6901 et seq._(42 USC Sec. 6903) or(vi) defined as hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 USC Sec. 9601 et seq. (42 USC 9601). Seller further states that it has no actual knowledge of any contamination of the property from such substances as may have been disposed of or stored on neighboring tracts, and it has no reason to suspect that such disposal has occurred, either during or prior to its ownership of the Property. Purchaser may, at Purchaser's sole cost, obtain an environmental survey of the property prior to closing. If the environmental survey reveals unacceptable contamination, Purchaser, at its sole option may elect to proceed with the closing or may terminate this Agreement upon written notice to the Seller and all earnest money deposited,if any, shall be returned to Purchaser. 8. Risk of Loss: The risk of loss or damage by fire or other casualty prior to closing shall be upon Seller. If the real property including improvements is destroyed or materially damaged prior to closing,the Purchaser may terminate this Agreement upon written notice to the Seller and all earnest money deposited shall be returned to Purchaser. In the event the Purchaser does NOT elect to terminate this Agreement,Purchaser shall be entitled to receive,in addition to the property, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the property being purchased. 9. Assignment: This Agreement may not be assigned without the written consent of the parties,but if assigned by agreement, then this Agreement shall be binding on the assignee and its heirs or successors. 10. Parties: This agreement shall be binding upon and shall inure to the benefit of all parties. As used herein,words in the singular include the plural and the masculine includes the feminine and neuter gender,as appropriate. 11. Survival: If any provision herein contained which by its nature and effect is required to be observed,kept or performed after the closing,it shall survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed,kept,or performed. 12. Entire Agreement: This Agreement contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions,or deletions hereto must be in writing and signed by all parties. 13. E-Verify Requirement: Seller shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further,if Seller utilizes a subcontractor,Seller shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed in duplicate originals the day and year first above written. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, City Council Regular Meeting March 5,2019 Page 135 McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None B. Addition of Property as Collateral for Financing. Council Member Anthony moved to approve the addition of the property as collateral for financing. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C. Resolution to Acquire Portion of Real Property. Council Member Anthony moved to adopt Resolution R-2019-14: RESOLUTION TO ACQUIRE A PORTION OF REAL PROPERTY OUT OF PARCEL NUMBER 09-232-081 R-2019-14 WHEREAS, the City of Monroe has identified the need to acquire a portion of real property containing approximately 38 square feet,and being further identified as a portion of Tax Parcel No.09- 232-081,owned by J.R. Shute Company, LLC, for the purpose of redevelopment and expansion of the Center Theatre;and CoeWHEREAS, City staff negotiated with the owner regarding a purchase sale agreement to acquire this property; and WHEREAS, City staff and the owner have reached an agreement subject to Council approval whereby the owner will donate the property to the City, subject to the terms and conditions in the agreement. NOW,THEREFORE,BE IT RESOLVED, that 38 square feet, owned by J.R. Shute Company, LLC,and being further identified as a portion of Tax Parcel Number 09-232-081 be acquired for good and valuable consideration,as contained in the agreement. The City Manager and City staff are hereby authorized to take any and all action necessary to acquire said property including the execution of all documents on behalf of the City to complete the transaction. Adopted this 5th day of March,2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None D. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to the Offer to Purchase and Sale Agreement for the property located off Stewart Street and owned by J.R. Shute Company, City Council Regular Meeting March 5,2019 Page 136 LLC. for the Center Theatre. Council Member McGee seconded the motion, which passed unanimously with the following votes: Cor AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 8. Charlotte-Monroe Executive Airport. Charlotte-Monroe Executive Airport Manager Peter Cevallos advised by memorandum that the Airport had two principal documents, the Airport Rules and Regulations and the Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operations, which provided Airport Staff and users with guidance with Cor respect to operations and conduct. Mr. Cevallos advised that Federal and State regulations required the City, as the Airport sponsor,to develop these documents in order to protect the public using the Airport by adopting and enforcing rules, regulations, and Ordinances as necessary to ensure safe and efficient flight operations. Mr. Cevallos advised that the Airport Rules and Regulations (Monroe Code of Ordinances, Chapter 131)were adopted by Ordinance on February 3, 2004 as the primary guidance for Airport operations to satisfy Federal and State law. He advised that this document had an important function as it provided adequate rules covering vehicular traffic, aircraft operations, fueling and maintenance of aircraft, storing hazardous materials, and fire protection. Mr. Cevallos advised that this document had the necessary guidance to control the use of the Airport in a manner that would eliminate hazards to aircraft and people and structures on the ground. He advised that compliance with this document fostered good and safe operations for the users and the public. Mr. Cevallos advised that the Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operations Policy was adopted in November 2002 and revised in September 2006. He advised that this Policy provided the minimum standards for the establishment of a Specialized Aviation Services Operations(SASO)at the Airport. Mr. Cevallos advised that SASO was defined as, "an entity that might provide one or more limited aeronautical special services such as Aircraft Maintenance Repair Station, Aircraft Charter Services, Aircraft Rental and Lease Services, Flight Instruction, Aircraft Storage and miscellaneous services." He advised that the standards defined in this document covered items such as operational space requirements, staffing and hours of operations, levels of insurance coverage, and any other requirement the City/Airport deemed necessary to promote a safe and successful operation. Mr. Cevallos advised that in both cases, periodic review of these documents was highly recommended to ensure that they adequately guided and supported the type and level of activity that occurred at the Airport. He advised that Airport Staff had coordinated these two documents with the other City Departments (City Attorney's Office, Finance, Police and Fire) in order to provide insight and maximize the effectiveness of the documents. Mr. Cevallos advised that this matter was presented to the Charlotte-Monroe Executive Airport tre Commission on January 14, 2019 and to the General Services Committee on February 18, 2019. City Council Regular Meeting March 5,2019 Page 137 Mr. Cevallos advised that it was the recommendation of the Charlotte-Monroe Executive Airport Commission, the General Services Committee and Staff that Council adopt an Ordinance approving the text amendment and replacement of the current Chapter 131 in the Monroe Code of Ordinances, approve the revisions to City Policy MA-01, Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operations, and, authorize the City Manager to execute the revised policy. A. Ordinance Amending Code of Ordinances—Title VIII: General Offenses, Chapter 131: Monroe Regional Airport. Council Member Anthony moved to adopt Ordinance 0-2019-09: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XIII: GENERAL OFFENSES CHAPTER 131: MONROE REGIONAL AIRPORT 0-2019-09 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XIII, CHAPTER 131 OF THE MONROE ORDINANCES IS HEREBY AMENDED AS FOLLOWS: Section 1. Delete CHAPTER 131: MONROE REGIONAL AIRPORT in its entirety. Section 2. Add new Chapter 131 to read as follows: CHAPTER 131: CHARLOTTE-MONROE EXECUTIVE AIRPORT (11100." Section 131.01 Purpose 131.02 Definitions 131.03 Scope of Authority 131.04 General Use 131.05 Conditions of Access 131.06 Aircraft Operation 131.07 Fueling and Defueling Aircraft 131.08 Motor Vehicles 131.09 Facility and Grounds Fire Regulations 131.10 Special Use and Demonstration Requirements 131.11 Miscellaneous Operations 131.12 Commercial Enterprises 131.13 Schedule of Charges § 131.01 PURPOSE. A. The purpose of this Chapter is to provide written rules and regulations concerning safe operating procedures at the Charlotte-Monroe Executive Airport pursuant to authority granted in N.C.G.S. § City Council Regular Meeting March 5,2019 Page 138 63-53 and as required by Federal Aviation Administration and North Carolina Department of Transportation,Division of Aviation. 41, § 131.02 DEFINITIONS. AIRCRAFT.Any contrivance now known or hereafter invented,used,or designed for navigation of or flight in air. AIRPORT. Charlotte-Monroe Executive Airport, includes all property and improvements within the boundary lines of any airport operated or controlled by the City of Monroe, except when otherwise specifically noted. AIRPORT EMPLOYEE. City of Monroe employees assigned to the Charlotte-Monroe Executive Airport. tor AIRPORT MANAGER. City of Monroe employee who plans and directs the operations of the Charlotte-Monroe Executive Airport. APRON. A defined area,on a land airport,intended to accommodate aircraft for purposes of loading or unloading passengers or cargo,refueling,parking or maintenance. CITY. City of Monroe. COMMERCIAL OPERATOR. An individual or firm operating at the airport and providing aviation services such as a ground, maintenance, storage, flight instructions, rentals, or sales, or a person who, for compensation or hire, engages in the carriage by aircraft in air commerce of persons or property. (See also "Specialized Aviation Services Operation(SASO)") COMMISSION.The Monroe Airport Commission. FAA.The Federal Aviation Administration. MOBILE SELF-FUELING. Truck-based fuel storage and dispensing unit designed to travel to a parked aircraft for the purpose of dispensing fuel in a self-fueling operation as defined below. PATTERN.The configuration or form of a flight path flown by an aircraft,or prescribed to be flown as in making approach to a landing. PUBLIC AIRCRAFT FACILITIES. Facilities as they are from time to time provided and made available by the City of Monroe for public use by aircraft operators in the following manner: a. Public runways for the purpose of the landing and the taking-off of aircraft b. Public taxiways for the purpose of the ground movement of aircraft c. Public aircraft parking space for the purpose of parking and storing of aircraft; for the purpose of loading and unloading passengers,baggage, and other cargo upon and from aircraft; for the purpose of performing operations incidental to the immediate preparation of aircraft departure such as inspection,cleaning,and fueling;for the purpose of making minor and emergency repair to aircraft; and for the purpose of parking mobile equipment actively used in connection with the foregoing. d. Any other space,facilities or services provided by the City of Monroe for public use by aircraft tor operators at the airport. REFUELING TRUCKS. Any motor vehicle used for the transporting, handling, or dispensing of City Council Regular Meeting March 5,2019 Page 139 aviation fuels,oils,or lubricants. SELF-FUELING. The fueling of an aircraft by the owner or operator of the aircraft or by the �r owner/operator's designated employees or agents. SPECIALIZED AVIATION SERVICES OPERATION(SASO). Any person who shall have entered into lease or agreement with the City of Monroe for the use of any building, shop,or hangar,or for the site upon which such a building might be erected,and who,by further agreement,guarantees to provide on the Airport property and serve the public with all of the following minimum facilities: A.Aircraft Maintenance Repair Station E. Flight Instruction Services B.Aircraft Charter Services F. Aircraft Sales(New and/or Used) C.Aircraft Rental and Lease Services G.Aircraft Storage D.Avionics Sales and Repair Services H. Miscellaneous Services Further guidance can be obtained in City Policy MA-01,Charlotte-Monroe Executive Airport Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operations. TERMINAL AREA. Facilities used or intended to be used as terminal buildings, hangars, and other service buildings for the purpose of aircraft parking and passenger loading/unloading. VEHICLE. - A piece of mechanized equipment by which any person or property is or may be transported or drawn upon a roadway,including bicycle. These definitions shall not supersede any definitions contained in contractual agreements with the City (iftro' of Monroe. § 131.03 SCOPE OF AUTHORITY. A. The Airport Manager shall, at all times, have authority to take such reasonable action as may be necessary to enforce these regulations and to efficiently manage the Airport and its operations.The Airport Manager may prohibit aircraft landing and taking off under any circumstances which the Airport Manager deems such landings and takeoffs likely to endanger persons or property, except for emergency landings. B. The Commission is charged with the duty of investigating, studying and making recommendations to the Monroe City Council pertaining to the construction, enlargement, improvement, maintenance, equipment, operation and regulation of the Airport, as enacted in Chapter 32 of the Monroe Code of Ordinances. C. The Airport Manager reserves the right to periodically review and revise,if necessary,the rules and regulations contained herein. Such revisions would be promulgated only when found to be in the best interest of the City,the Airport lessees,and others directly or indirectly concerned with aircraft operations of the Airport. If any portion of these regulations shall be invalid or unenforceable, all other portions shall remain in effect and be construed to the purposes hereof. In any contingencies not specifically covered by these rules and regulations the Airport Manager shall be authorized to make such reasonable rules,orders,and decisions as may be necessary and proper. D. These regulations are not intended to amend,modify,or supersede any provision of Federal, State, or local law, or any specific contractual agreement of the City with which they may conflict; provided however that these regulations shall, insofar as possible, be interpreted so that no such conflict shall exist. If State or Federal requirements exceed the intentions or expectations of this City Council Regular Meeting March 5,2019 Page 140 Chapter,then the more stringent standard will apply. E. The Airport Manager or his authorized representative shall have authority to close the Airport or any portions thereof to air operations whenever he considers such action necessary to avoid endangering persons or property. In event the Airport Manager or designated representative believes Airport conditions to be unsafe for landings or take-offs,it shall be within the responsibility of the Airport Manager to have issued a NOTAM closing those areas for aircraft use or any part thereof. F. The Airport Manager or his authorized representative shall have the right to deny the use of the Airport or any portion thereof to any specific aircraft or to any specific class of aircraft if in his opinion the use of the Airport or any portions thereof by such aircraft might be likely to endanger persons or property or constitute a nuisance. G. The use of the Airport or any of its facilities in any manner shall create an obligation on the part of the user thereof to obey all the regulations herein provided and adopted by the City. The privilege of using the airport shall be upon the further condition that any person, persons, corporation, partnerships, or others desiring to use the same as a Specialized Aviation Services Operation (SASO) shall furnish a policy of indemnity against personal injury and property damage in a reasonable sum as the City shall require,all said insurance to name the City as additional insured, and the policy shall also contain a section stating that the City shall be informed,in writing,by the insurance carrier thirty(30)days prior to cancellation of the required insurance. § 131.04 GENERAL USE. A. Airport use.The City obligates itself to operate the Airport for the use and benefit of the public and to keep the Airport open to the various types,kinds, and classes of aeronautical use for which the Airport facility is designed and intended to serve. B. The City has established these regulations to be met by all users to provide for the safe and efficient use of the Airport and otherwise to protect the safety of persons and property both on the ground and in the air. C. It is understood that the landing area facilities constructed are primarily intended for powered aircraft whose weights are not in excess of the published strengths of the paved surfaces concerned. (r9 D.D. No operations involving parachuting and other unusual and special classes of activities will be permitted at the Airport without the prior written approval of the City. E. No operations involving unlicensed or unregistered aircraft will be permitted on the Airport without prior written approval of the City. F. Considering the obligation of the City to keep the Airport open to the public for aeronautical purposes, the Airport facilities will not be used for non-aviation events which conflict with its intended aeronautical use. G. All ordinances or parts of ordinances in conflict with this Chapter are hereby repealed. (1100, § 131.05 CONDITIONS OF ACCESS. City Council Regular Meeting March 5,2019 Page 141 A. All areas of the airport, including those areas designated as Public Aircraft Facilities,are restricted and prior permission for access must be given by the Airport Manager,or designee.Individuals that thw are exempt from requiring prior permission include: a. Persons assigned to duty therein; b. Authorized representatives of the FAA,or the N.C. Department of Transportation; c. Passengers under appropriate supervision, entering the air operations area for the purpose enplaning and deplaning; d. Business representative in the conduct of their business with the Airport's lessees; e. Aircraft Owners or Renters and/or their authorized representatives; and, f. Members/employees of the City of Monroe. B. Any permission granted directly or indirectly by the Airport Manager,expressly or by implication, to any person or persons, to enter upon or use the Airport or any part thereof is conditioned upon compliance with these rules and regulations. No person shall enter any restricted area of the Airport �r posted as being closed to the public without permission except persons authorized by the Airport Manager, or his designated representative. The Airport Manager reserves the right to determine who is required to obtain identification badges. C. It is the responsibility of every individual that has unescorted access to the Airport to promptly report the sighting of a person without proper escort who attempts to enter the Airport and who is not displaying valid identification that would allow that person access to the area to Airport employees as soon as possible. D. The Airport Manager shall have authority to rescind or deny the use of the Airport to any person, pilot or aircraft violating the rules and regulations of the United States, Department of Transportation, the Federal Aviation Administration, the National Transportation Safety Board, applicable airport grant assurances, State and local laws and these Rules and Regulations. E. Each vehicle operator using an airport perimeter(security)gate shall ensure the gate closes behind the vehicle prior to leaving the vicinity of the gate. The vehicle operator shall also ensure no unauthorized vehicles or persons gain access to the AOA while the gate is open. § 131.06 AIRCRAFT OPERATION. A. No fixed wing or rotary wing aircraft shall be allowed to operate at the Airport without a current FAA Airworthiness Certificate (unless operated as a public or governmental aircraft) and is operated by a licensed pilot holding a valid medical certificate,except aircraft being taxied or ferried by a licensed A&P mechanic. B. Aeronautical activities. All aeronautical activities at the Airport and aircraft departing from or arriving in the air space above the Airport shall be conducted in conformity with the current pertinent regulations and directives,and/or advisories of the FAA to the extent applicable. C. All aircraft and operators shall comply with all applicable Federal regulations, as amended including,but not limited to: Federal Aviation Requirements(FAR) • Part 61,Certification: Pilots&Flight Instructors • Part 67,Medical Standards&Certifications City Council Regular Meeting March 5,2019 Page 142 • Part 91,General Operating&Flight Rules • Part 93, Special Air Traffic Rules and Airport Traffic Patterns • Part 135,Air Taxi Operators&Commercial Operators • Part 137,Agricultural Aircraft Operators • Part 141,Pilot Schools • Part 145,Repair Stations National Transportation Board Regulations(NTSB) • Part 830, Rules pertaining to the Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo and Records. D. Control of Incoming and Outgoing Air Traffic. The City may delay or restrict any flight or other operation at the Airport when the same causes any of these rules and regulations to be substantially violated. E. Accidents. a. In addition to other reporting requirements, persons involved in accidents occurring at the Airport causing personal injury or property damage shall make a full report thereof to the Airport Manager as soon after the accident as possible. b. All aircraft accidents shall be reported to the NTSB in accordance with all applicable regulations, with a copy of any such report being submitted to the Airport Manager or designated representative. (rnirool c. In the event of an accident,the aircraft owner,or responsible party,may only move the damaged aircraft from the landing areas, ramps, aprons, or other areas, once authorized by the FAA and/or NTSB, and in compliance with FARs and other governmental regulations. The move will be at the expense of the aircraft owner and without liability to the City, its authorized employees or agents, for damages resulting from such moving. d. Airport property damaged or destroyed by an accident or otherwise shall be paid for by the parties responsible. F. Non-airworthy aircraft. a. All non-airworthy and/or otherwise disabled aircraft and parts thereof at the Airport shall be promptly removed from the Airport at the expense of the aircraft owner and without liability to the City, its authorized employees, agents, or contractors for damage which may result in the course of,or after such moving. (10 b. If any person(s)refuses to move said aircraft or part thereof as directed by the City,said aircraft or part thereof may be removed by the City at the owner's expense,and without liability to the City,its authorized employees,agents,or contractors for damage which may result in the course of,or after such moving. G. Refusal of Airport Use. Subject to FAA rules and guidelines,the City may delay any flight or other operations at the Airport for any safety reason the City believes justifiable. The City may also prohibit in whole or in any part, the use of the Airport for any purpose that may be detrimental to person(s),the Airport facility or property of any individual or group. H. Repairing ofAircraft. a. Aircraft owners are permitted to perform maintenance, repairs, and otherwise service their own based aircraft. Aircraft owners may hire a qualified individual to provide those services for the owner's aircraft,provided this individual is a direct employee or agent of the aircraft owner or an entity hired by the owner; however, there shall be no attempt to perform such services on a commercial, for profit basis. A Request for Aircraft Owner Maintenance form City Council Regular Meeting March 5,2019 Page 143 shall be filed with and approved by the City prior to the maintenance activity occurring. b. Such maintenance will adhere to the following requirements: (1.) Maintenance activity will occur within and immediately adjacent to private hangars or where such aircraft are normally parked. Other than these specified areas, the City may designate reasonable areas where such maintenance operations may be performed safely, and may prohibit the performance of such service in any other areas. (2.)No prolonged engine run-up or engine test operations will be performed. (3.) Any maintenance activity shall leave the area used in a neat, clean, safe and orderly condition, including removal of all spilled fuels, lubricants, and solvents upon completion of such services. (4.)No fluids or solids used in any maintenance,and/or repair activities shall be permitted to enter any storm-sewer drain, ponding ditch or sanitary disposal system without prior approval of the Airport Manager. c. Independent contractors operating on the Airport on a continual basis will be required to conform to the Airports Minimum Standards for Commercial Aeronautical Activities. The �,r commercial performance of aircraft and engine repair and maintenance is considered to be a Specialized Aviation Services Operation(SASO),which is regulated under City Policy MA- 01, Charlotte-Monroe Executive Airport Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operations. I. Parking of Aircraft. a. No person shall park aircraft in any area of the Airport other than that prescribed by the City. b. At the direction of the Airport Manager or his designee,the operator,owner,or pilot of any illegally parked aircraft at the Airport shall move the aircraft to a legally designated parking area at the Airport. If the operator refuses to comply with the directions,the City may cause the aircraft to be towed to such a place,at the operator's expense and without liability to the City,its employees,or agents for damage that may result from such moving. J. Lighting facility damage. Any person damaging any light or fixture by operation of an aircraft, or otherwise, shall report such damage to the Airport Manager immediately and shall be fully responsible for any costs required to repair or replace the damaged item. K. Operations. a. Other than an authorized aircraft mechanic performing maintenance or repairs to an aircraft, no person shall start or run any engine in an aircraft required to be operated by a licensed pilot unless a licensed pilot is in the aircraft attending the engine controls. Chocks shall always be placed in front of the wheels before starting the engine or engines. Cov b. No person shall operate any radio equipment in any aircraft when such aircraft is being refueled, or when such aircraft is in a hangar except when radio maintenance is being performed on the aircraft. L. Landing and take-off. a. All take-offs and landings shall be confined to the runway, subject to wind direction; all movement of aircraft shall be confined to the hard surface areas, except as specifically authorized. b. Unless otherwise authorized by the Airport Manager, aircraft will start their take-off from the runway end. c. Take-offs and landings over populated areas shall be kept at a minimum in the interest of public safety and convenience. d. Aircraft entering the traffic pattern shall exercise caution and courtesy so as not to cause aircraft already in the pattern to deviate from their course. e. Rotary aircraft shall conform to the pattern described herein for light aircraft, and shall not City Council Regular Meeting March 5,2019 Page 144 be operated within 200 feet of any area where unsecured light aircraft are parked or operating. f. Taxi rules are as follows: tor 1. No person shall taxi aircraft until he has ascertained by visual inspection of the area that there will be no danger of collision with any person or object in the immediate area. 2. Aircraft taxiing shall conform to the designated taxi patterns. 3. Landings and take-offs will not be permitted on the taxiways without specific permission from the Airport Manager and extreme just cause. 4. Engine checks and run-ups prior to take-off will be performed behind the runway hold lines. g. Flight operations are to be conducted under responsible auspices and control. No person shall operate an aircraft in a careless or reckless manner so as to endanger the life or property of others by buzzing,diving or low altitude flying,or aerobatic maneuvers in the vicinity of the Airport. M. Flight instruction. No person or firm shall engage in commercial flight instruction at the Airport without first complying with the requirements listed in the City Policy MA-01, Charlotte-Monroe Executive Airport Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operations,and receiving prior permission from the City. N. No person or firm shall utilize the services of a certified airframe and power plant mechanic, authorized inspector or flight instructor at the Airport unless such mechanic, inspector or flight instructor is an employee,agent,or other entity hired by the owner of the aircraft,or is in the employ of a Specialized Aviation Services Operation (SASO) holding a current operating agreement with the City. (11Nre § 131.07 FUELING AND DEFUELING AIRCRAFT. A. General Requirements. a. Excluding self-fueling operations, all aviation fuels and oils for sale at the Airport will be dispensed only by the City. No other company, group, or individual will be allowed to transport, store, fuel or otherwise introduce petroleum products to the Airport without the express written permission of the City. Only then will this operation be allowed in areas designated by the City and which meet all operational and safety procedures and requirements. b. No MOGAS(automotive fuel)will be brought onto the Airport for the purpose of transferring such fuels to any aircraft which is at the Airport and is not owned by the person dispensing such fuel. All uses of MOGAS will be in accordance with all applicable FAA and industry guidelines and regulations. c. No fuel storage and/or dispensing equipment shall be installed or used at the Airport without the prior written approval of the City. All such equipment shall be kept in a safe and non- leaking condition. d. No aircraft shall be fueled or defueled while the engine is running, or being warmed by applications of exterior heat, or while such aircraft is in a hangar or enclosed space except for turbine-powered helicopters, which may be hot fueled so long as the pilot and fuel provider are familiar with and implement safety procedures for such fueling. e. Smoking or lighting of an open flame is prohibited within 100 feet of any fueling operation. f. No person shall operate any radio transmitter or receiver or switch electrical appliances off or on in an aircraft during its refueling or defueling. g. During refueling,the aircraft and the fueling dispensing apparatus shall both be grounded to a point or points of zero electrical potential. h. No person shall use any material during fueling or defueling of aircraft which is likely to cause a spark or be a source of ignition. i. Adequate fire extinguishers shall be within ready reach of all persons engaged in fueling or City Council Regular Meeting March 5,2019 Page 145 defueling aircraft. j. Fueling hoses and equipment shall be maintained in a safe,sound and non-leaking condition and shall be approved by the National Board of Fire Underwriters in all respects and parts. k. All hoses, funnels, and appurtenances used in fueling and defueling operations shall be equipped with a grounding device to prevent ignition of volatile liquids. 1. Persons engaged in the fueling and draining of aircraft fuel shall exercise care to prevent overflow of fuel.Persons responsible will take proper measures to remove any volatile liquid when it is spilled. m. Any company, group or individual performing fueling and defueling operations shall have accessible necessary containment and absorbent materials to contain the maximum potential of a spill. n. All spills,in excess of one gallon,should be reported to the City immediately. B. Self-Fueling. (,r a. Pursuant to FAA requirements that public airports allow owners/operators of aircraft to self- fuel, the City hereby institutes Self-Fueling Regulations in order to facilitate safe and functional installation and operations at the Airport. b. Permit. Prior to engaging in self-fueling activities, an owner/operator must obtain a Self- Fueling Permit from the City which shall not be unreasonably withheld. Upon receipt of a completed application to self-fuel,the City shall promptly act on an application to engage in self-fueling in a timely manner. c. Permittees shall comply with all duly enacted or promulgated Federal, State and local laws, regulations,ordinances,and codes as they may apply to the installation and operation of self- fueling farms,equipment and activities including but not limited to fire codes,building codes, and safety regulations. d. Only persons or entities with active hangar leases at the Airport shall be permitted to install a fuel farm for self-fueling purposes.At the termination of a Permittee's use of a self-fueling facility,the disposition of the self-fueling equipment shall be the same as for other equipment installed or used by the lessee at the Airport as provided for in the lease. e. It is the responsibility of the Permittee to insure that only aircraft owned,operated,or utilized by the Permittee shall be self-fueled at the Permittee's self-fueling facilities and their operation. f. The installation and cost of all self-fueling equipment shall be the sole responsibility of the Permittee. The City shall not incur any expense in regard to self-fueling facilities and their operation. g. Self-fueling fuel farms shall include only above-ground storage tanks.Prior to the installation and use of such fuel farms, the City must approve Permittee's facility and its installation. /` Detailed plans and specifications sealed by a registered engineer of Permittee's facility and �r location shall be submitted to the City for appropriate review.Only an appropriately licensed general contractor may construct fuel storage facilities. Facility construction shall not commence prior to written approval by the City. Once approved by the City, the Permittee shall not make changes to the specifications without receiving additional written approval from the City. h. Permittee shall, at its sole expense, maintain its self-fueling facilities and equipment in a presentable condition consistent with best management practices. i. The Permittee shall be responsible for any clean-up of any site on the Airport that becomes contaminated due to the self-fueling installation or operation of the Permittee. j. Permittee shall provide liability insurance coverage for its self-fueling operations in limits that are stated in the Permittee's lease, or if no lease exists, in the minimum amount of one million dollars ($1,000,000.00) per occurrence. Further,by accepting a permit to engage in err self-fueling from the City,the Permittee agrees to indemnify and hold the City,its agents and employees harmless from any and all claims,costs,loss,or expenses arising from Permittee's City Council Regular Meeting March 5,2019 Page 146 self-fueling operations. Indemnification shall also include environmental claims, clean-up costs,loss,or expenses due to any fuel spill or contamination due to a Permittee's self-fueling operations. k. Mobile self-fueling of aircraft may only occur upon prior issuance of a Mobile Fueling Permit.Prior to issuance of a Mobile Fueling Permit,appropriate City staff must inspect and approve all equipment associated with a Permittee's mobile self-fueling operations. Mobile fueling equipment may only be operated or stored upon surfaces that are within the weight- bearing capacity of such surface. Mobile fuel trucks may only be fueled at locations that are approved by the City. No truck-to-truck fueling shall occur. All other applicable fueling requirements of Permittees as set out herein shall apply to mobile self-fueling. 1. In the event of any alleged violation by a Permittee of these Self-Fueling Regulations, the CITY shall give written notice to the Permittee of such alleged violation and the grounds for same.The Permittee shall then have a period of thirty(30)days to cure such alleged violation. Upon failure of the Permittee to take appropriate action, the City may take such action as Cw necessary to correct the violation including but not limited to revocation of the Self-Fueling Permit. Serious safety violations which pose an imminent hazard to persons or property may result in immediate action by the City without such prior notice and cure period. m. Permittee must pay a flowage fee as established in the Fee Schedule of the City unless exempted under§ 131.07(B)(14). n. Permittee owning a hangar at the Charlotte-Monroe Executive Airport,installing a permanent fueling facility at the airport,and requiring no assistance in fueling and storing aircraft from the City is exempt from flowage fees. § 131.08 MOTOR VEHICLES. (hlberl A. No surface vehicles shall be permitted on the Public Aircraft Facilities without the express permission of the Airport Manager or his authorized representative unless the operation of such vehicles is in accordance with prior agreement to accomplish a necessary airport purpose, service or inspection. B. Rules of Operation. a. Any person operating a motor vehicle on the Public Aircraft Facilities shall operate such motor vehicle in a safe and lawful manner so as not to impede utilization of the area by aircraft at all times. b. No person shall operate any vehicle in a careless or negligent manner or in disregard for the safety of others or in excess of 10 MPH around or near aircraft and 20 MPH away from aircraft.All pedestrians and aircraft shall have the right-of-way over all surface vehicles,and (kwvehicles shall pass with sufficient safe distance to the rear of taxiing aircraft. c. No person shall operate a motor vehicle or aircraft on the Airport property under the influence of alcohol or narcotic drugs. d. No person shall operate any motor vehicle on the Airport overloaded or carrying more passengers than that for which the vehicle was designed.No person shall ride on the running board, stand up in the body of a moving vehicle or ride on the outside of the body of the vehicle,or with arms or legs protruding from the body of the motor vehicle.This shall include the prohibition of riding in the bed of pick-up trucks. e. The City reserves the right to control all vehicles entering the Public Aircraft Facilities notwithstanding the fact that said vehicle may have two-way radio equipment installed for purposes of communicating with aircraft. f. No person shall make repairs to motor vehicles anywhere on the Airport other than in C designated shop areas, or as approved by the City, except those minor repairs required to move a disabled vehicle to a repair location. g. Any accident involving injury or property damage that occurs at the Airport shall be City Council Regular Meeting March 5,2019 Page 147 immediately reported to the Airport Manager or to his authorized representative. C. Motor Vehicle parking. a. All parking at the Airport shall be in designated parking areas by the City, and consistent with established parking lines, blocks and signs, unless maintenance requirements dictate otherwise. b. Considering the imminent danger created by unlawful parking at the Airport, the City shall have the authority to tow or otherwise move motor vehicles which are parked by their owners or operators at the Airport which are in violation of these parking regulations,at the owner's expense and without liability for damage which may be a result from the towing. For the purpose of parking enforcement,the Airport is designated a"Tow-away Zone"pursuant to§ 72.62 of the Monroe Code of Ordinances. § 131.09 FACILITY AND GROUNDS FIRE REGULATIONS. A. No person shall light an open flame or start an open fire any place on the Airport except in compliance with the North Carolina Building and Fire Code. B. No person shall use flammable volatile liquids having a flash point of less than 100 degrees Fahrenheit in the cleaning of aircraft, aircraft engines, propellers, appliances, or for any other purpose, unless such operations are conducted in open air, or in a room specifically set aside for that purpose,which must be properly fireproofed and equipped with adequate and readily accessible fire extinguishing apparatus. C. No person shall store material or equipment,use flammable liquids or gases,or allow their premises to become in such condition so as to violate, in any manner the North Carolina Building and Fire Code,or other appropriate Federal, State, or local laws,provided, that such materials may be kept in an aircraft in the proper receptacles installed in the aircraft for such purpose,or in rooms or areas specifically approved for such storage by the City,or in Underwriters Laboratory approved safety cans with appropriate grounding and bonding per National Fire Protection Association. D. Lessees of all hangars and buildings shall provide approved fire extinguishers and equipment,and they shall be kept in operating condition and inspected at least every 12 months by trained personnel. This shall conform to the requirements detailed in the North Carolina Building and Fire Code,or other appropriate Federal, State,or local laws. E. Lessees shall provide suitable Underwriters Laboratory approved metal receptacles with self- sealing covers for the storage of waste and waste contaminated rags. All used waste and rags or other rubbish shall be removed by the lessees at least daily per NFPA 502. Lessees may contract with other agencies or persons for the removal of this material, subject to the approval of the City. If after warning by the City,the area is not cleaned,cleaning will be arranged by the City and billed to the lessee. All waste operations shall conform to the requirements of 29 CFR 1910.120 Hazardous Waste Operations,or other appropriate Federal, State,or local laws. F. The procedure and precautions outlined in the criteria of the NFPA standards:NFPA 409 Aircraft Hangers, NFPA 410 Aircraft Maintenance, NFPA 410 D, Safeguarding Aircraft Cleaning, Painting, and Paint Removal,NFPA 410 F,Aircraft Cabin Cleaning and Refurbishing Operations, and NFPA 415, Airport Terminal Buildings, Fueling Ramps, and Loading Walkways, or other appropriate Federal, State, or local laws or guidelines, shall be adhered to in all operations on the (iv Airport property. fir•/ G. All applicable provisions of the North Carolina State Building Code, Fire Prevention, or other City Council Regular Meeting March 5,2019 Page 148 appropriate Federal, State, or local laws, shall be adhered to in all operations on the Airport property. C § 131.10 SPECIAL USE AND DEMONSTRATION REQUIREMENTS. A. Any flight or ground demonstrations involving unusual or aerobatic maneuvers to be conducted on or in the vicinity of the Airport must receive prior written approval of the City. Such activity shall entail indemnifying the City,its employees,or agents,and naming the City as additional insured on required liability and property damage insurance as detailed in City Policy MA-01, Charlotte- Monroe Executive Airport Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operations. § 131.11 MISCELLANEOUS OPERATIONS. A. Any persons wishing to conduct such as crop dusting/agricultural spraying, radio and instrument repairs,aerial advertising, air cargo, and other aeronautical activities not hereinafter provided may do so upon application to and approval of the City. Reasonable terms and conditions for the privilege of engaging in these various services will be established by the City commensurate with the nature and scope of the activities involved. § 131.12 COMMERCIAL ENTERPRISES. A. The City has the right to and does hereby regulate all commercial enterprises using the Airport as a basis of operation, whether such operation is aeronautical or non-aeronautical in nature. No commercial operation of any kind or type shall be conducted at the Airport unless specifically (.10' authorized by the City. B. The privilege of using the Airport and its facilities shall be conditioned on the assumption of full responsibility and risk by the user thereof, and he shall release and hold harmless and indemnify the City, its officers and employees from any liability of loss resulting from such use, as well as claims of third persons using the Airport. C. The City has the right to establish fees for any product or service provided at the Airport,to review and adjust such fees whenever conditions warrant,and to give 30-day notice of such changes. D. Any person violating any of the Airport rules and regulations may be punished as provided by law or ordinance or,at the discretion of the City,may be deprived of the use of the Airport facilities for such period of time as may be necessary to be effective. It shall be the duty and responsibility of the Airport Manager to enforce the foregoing rules and regulations within the limits of the Airport. In carrying out this duty and responsibility, he may act by and through such police officers and other agents as the City may from time to time approve. E. No person shall solicit funds for any purpose, and no signs or advertisements may be posted at the Airport without permission. F. Garbage,refuse and other waste material shall be placed in receptacles provided for such purpose. G. No person shall destroy, remove or disturb in any way buildings, signs, equipment, markers, or other property on the Airport. § 131.14 SCHEDULE OF CHARGES. A. Commercial Operations: City Council Regular Meeting March 5,2019 Page 149 a. No aircraft,aviation organization,or person shall engage in any commercial operation of any type at the Airport unless prior permission is obtained from, and assessed fees paid to the City. Such permission and fees shall be based on the approved City Fee Schedule and as determined by the City. b. Payment for use of Airport facilities, storage,repairs, supplies,or other services rendered at the Airport shall be made before flight unless satisfactory credit arrangements have been made with the Airport Manager or designated representative or the lessee directly responsible for furnishing the commodity or services rendered. The Airport Manager shall have the authority to detain any aircraft for nonpayment of any charges due. c. The City,at its discretion,may enter into separate contract with any commercial operator. d. By resolution, the City may adopt a fee schedule to be applied for any commercial operator not having a contract with the City as provided above. e. A user fee for private or business (non-commercial)users will be established by the Airport on a case-by-case basis. f. The City may detain any aircraft for nonpayment of any charges due. g. The following types of aircraft are not affected by these charges: Aircraft owned by Federal, State,or Municipal Governments are exempt from both landing and parking fees.This shall not,however,obviate the payment of field use charges by the military, if in effect. B. Special Services: a. The City may grant written permission for a specific commercial operator, such as a specialized mechanic, to enter the airport for the purpose of repairing or maintaining an aircraft or equipment that is beyond the capability of any Specialized Aviation Services Operation (SASO) located at the Airport. This privilege will be on a case-by-case basis and will require a separate agreement for each activity. (kbaw" b. Any permission granted by the City under this clause will not be construed as allowing reoccurring entry to the premises for the purpose of providing services. The permission granted will be only for specific purpose and specific period. c. Any activity receiving permission under this clause will comply with City ordinances. Section 3. This Ordinance shall be effective upon adoption. Adopted this 5th day of March,2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None B. Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operations Policy (MA-01). Council Member Anthony moved to approve the revisions to the Charlotte- Monroe Executive Airport Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operations Policy: CHARLOTTE-MONROE EXECUTIVE AIRPORT MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES AND FIXED BASE OPERATIONS POLICY I. GENERAL CONDITIONS City Council Regular Meeting March 5,2019 Page 150 The following are minimum standards for the establishment of a Specialized Aviation Services tor Operation(SASO) at the Charlotte-Monroe Executive Airport. All SASOs at the Airport shall be full-time,progressive business enterprises,with staffed office facilities at the Airport during normal business hours. Each SASO shall comply with all local, State,and Federal environmental laws and regulations especially as it relates to dealing with painting or disposal or use of fuels,oils,or other environmentally hazardous materials. The City of Monroe City shall determine and approve substantial conformance to the standards for SASOs. No SASO shall be allowed to operate at the Airport without a fully executed Lease Agreement with the City. Only SASOs can provide the services listed below. Other services provided to the public not listed below are to be provided exclusively by the City. A SASO may provide one or more of the limited special services described in Section II, Subsections(A)through(G)but shall not engage in the sale of aviation petroleum products,parking services, and/or tie down services to the general public. A SASO providing two or more of the services described in Section II, Subsections A through G, shall be required to meet the individual standards for each of the services to be provided as described in said Subsections A through G unless otherwise stated in a specific section of the Schedule of Minimum Standards.The combined space requirements for two or more of the services in said Subsections A through G can be reduced to take advantage of staff and facilities serving two or more services. This reduction must be approved in writing by the Airport Manager. II. SERVICES For each type of service described below, the SASO performing such service shall furnish the (11., products,personnel, facilities, and meet the requirements that are listed below under such type of service. A. Aircraft Maintenance Repair Station 1. Fixed Wing Airplane a. The SASO shall provide Airplane Airframe, Engine, and Accessory Maintenance and Services for turbine and piston airplanes with at least four (4) qualified full-time mechanics at the Charlotte-Monroe Executive Airport, 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 airplane normally serviced. b. The SASO must be able to provide an adequate stock of repair parts to support a first-class maintenance and repair shop for airplanes normally serviced at the facility. c. The SASO must lease adequate airplane handling space where required. d. The SASO must provide adequate facilities for washing and cleaning airplanes of the type normally serviced. e. If painting is contemplated, facilities must meet all applicable Federal, State,and local building and fire codes. f. Pursuant to City Policy MA-03,Minimum Hangar Construction Standards, the SASO must have a maintenance facility with at least 8,000 square feet City Council Regular Meeting March 5,2019 Page 151 of maintenance, shop, and storage space, and air conditioned office, and restrooms available for customers and their guests,that meets all Fire Code and Building Standards requirements for airplane maintenance. �r g. The SASO must have the Library of Airworthiness Directive accessible on site. 2. Helicopter a. The SASO shall provide Helicopter Airframe, Engine, and Accessory Maintenance and Services with at least three(3)qualified full-time mechanics at the Charlotte-Monroe Executive Airport, 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 helicopters normally serviced. b. The SASO must be able to provide an adequate stock of repair parts to support a first-class maintenance and repair shop for helicopters normally serviced at the facility. c. The SASO must lease adequate helicopter handling space where required. d. The SASO must provide adequate facilities for washing and cleaning helicopters of the type normally serviced. e. If painting is contemplated, facilities must meet all applicable Federal, State, and local building and fire codes. f. Pursuant to City Policy MA-03, Minimum Hangar Construction Standards, the SASO must have a maintenance facility with at least 8,000 square feet of maintenance, shop, and storage space, and air conditioned office, and restrooms available for customers and their guests, that meets all Fire Code and Building Standards requirements for helicopter maintenance. g. The SASO must have the Library of Airworthiness Directive accessible on site. B. Aircraft Charter Services thw 1. The SASO must possess a valid FAA Air Carrier certificate in accordance with the U. S. Department of Transportation approved under FAR Part 135 Certification and Operation Specification. 2. Have available at least two(2)based aircraft including a twin engine and qualified personnel to meet the normal 24-hour seven days per week demand for such service. All aircraft shall be equipped as required by appropriate regulations for instrument flight and shall be owned by the SASO or leased in writing by the SASO on a full-time basis.No aircraft required to qualify for this Subsection(B) shall be counted toward qualification of aircraft required in Subsections(C)or(E). No operations involving unlicensed or unregistered aircraft including experimental and public use aircraft will be permitted on the Airport without prior written approval of the City. City Council Regular Meeting March 5,2019 Page 152 3. Have 500 square feet of suitable air conditioned and heated office space with restrooms and aircraft and automobile parking areas.This space must be approved tor by the Airport Manager.A SASO leasing within the Charlotte-Monroe Executive Airport Terminal Building, shall be required to lease at least 100 square feet of space and a share of the common area for restrooms. C. Aircraft Rental and Lease Services 1. Have at least two (2) clean and airworthy 4-place aircraft, based on the airport, owned by the SASO or leased in writing by the SASO on a full-time basis,during normal business hours.No aircraft required to qualify for this Paragraph(C)shall be counted toward qualification of aircraft required in Paragraphs (B) or(E).No operations involving unlicensed or unregistered aircraft including experimental and public use aircraft will be permitted on the Airport without prior written approval of the City. 2. Have 500 square feet of suitable air conditioned and heated office space with restrooms and aircraft and automobile parking areas.This space must be approved by the Airport Manager. A SASO providing combined flight instruction, and aircraft leasing and rental within the Charlotte-Monroe Executive Airport Terminal Building shall be required to meet space requirements in Sections II(E) (3)and II(E) (6). D. Avionics Sales and Repair Services 1. Have at least 4,000 square feet of hangar space,suitable air conditioned and heated office space with restrooms,and aircraft and automobile parking areas.This space must be approved by the Airport Manager. If a Section II(D),Avionics, SASO is combined Section II (A), Aircraft Maintenance Repair Station, the SASO only needs to meet the space requirements for a Section II(A) SASO. E. Flight Instruction Services 1. Have a flight training school program meeting City requirements as approved by the Airport Manager. 2. The SASO shall provide a minimum of four (4) aircraft based at the Airport suitable for training which are owned by the SASO or leased in writing by the SASO on a full-time basis.No aircraft required to qualify for this Subsection(E) shall be counted toward qualification of aircraft required in Subsections(B)or(C). No operations involving unlicensed or unregistered aircraft including experimental and public use aircraft will be permitted on the Airport without prior written approval of the City. 3. Space Requirements: a. Have a minimum of 800 square feet of suitable air conditioned and heated office and classroom space with restrooms. Provide adequate aircraft and automobile parking areas. This space must be approved in writing by the Airport Manager. b. If flight training is provided in the Charlotte-Monroe Executive Airport Terminal Building,the SASO must provide and maintain adequate office, City Council Regular Meeting March 5,2019 Page 153 restrooms, and classrooms. The minimum space required for office, customer lounge, restrooms, and classrooms is 500 square feet of which 300 square feet can be jointly leased as Common Terminal Area Space and Common Aviation Services Operation Space. Automobile parking space will be provided at the Charlotte-Monroe Executive Airport Terminal Building. A minimum of six tie-down spaces must be leased from the City for airplane storage. 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 conducted in accordance with all FAA rules, regulations,and restrictions. tor 6. Minimum Financial Standards: In addition to meeting the requirements of the Minimum Financial Standards set forth in Section IV, the SASO must show that they have a minimum of$200,000 invested in aircraft. F. Aircraft Sales(New and/or Used) Services 1. The SASO 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. (11111wei 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.No operations involving unlicensed or unregistered aircraft including experimental and public use aircraft will be permitted at the Airport without prior written approval of the City. 3. Have 500 square feet of suitable air conditioned and heated office space with restrooms and aircraft and automobile parking areas.This space must be approved by the Airport Manager.A SASO leasing within the Charlotte-Monroe Executive Airport Terminal Building shall be required to lease at least 100 square feet of space and a share of the common area for restrooms and automobile parking space. G. Miscellaneous Services 1. Miscellaneous aeronautical activities, such as aerial advertising, photography, crop dusting/agricultural spraying, traffic reporting, pilot service, aircraft management,and other similar activities not hereinabove described in Subsections (A)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 services will be established by the City commensurate with the nature and the scope of the activities involved. 2. Crop dusting/agricultural spraying shall be conducted in accordance with Federal (FAR Part 137), State,and local laws and EPA standards and guidelines for such operations. C III. MINIMUM LAND AND IMPROVEMENT STANDARDS FOR SASOs City Council Regular Meeting March 5,2019 Page 154 In order to meet the requirements stipulated in this policy,each SASO must have available by lease from the City those facilities which will be granted pursuant to City Policies MA-03, Minimum Hangar Construction Standards, and/or MA-04, Airport Leasing Guidelines. In addition, adequate maintenance of leased areas and improvements shall be provided by the SASO. Whenever there is a requirement in these statements that the SASO must provide improvements,that requirement may be fulfilled by the SASO constructing said improvements or leasing them from the City. IV. MINIMUM FINANCIAL AND INSURANCE STANDARDS Each SASO must meet the financial standards described below for the type of Facility to be operated.A SASO must show financial solvency and business ability to the satisfaction of the City. The proposed SASO must: A. In order to meet the specific needs of each SASO, be capable of leasing and/or financing hangars,offices,aircraft,and automobile parking areas,and other leasehold improvements for each SASO. B. Submit an acceptable audited financial statement adequate to meet the minimum standards and terms of the lease agreement. C. Provide and maintain minimum insurance coverage with limits acceptable to the City as follows: Commercial General Liability Insurance with minimum combined limits of not less than$1,000,000.00 per occurrence and aggregate limits of not less than$2,000,000.00 and(b) Excess Liability Insurance with minimum combined limits of liability of not less than $5,000,000.00 per occurrence and aggregate limits of not less than$5,000,000.00. In addition, (11\r" it is expected that the SASO will carry, as applicable, the following as additional coverage: worker's compensation, automobile liability, hangar keeper's liability, products liability, and professional liability. All policies shall name the City as an additional insured. V. PREQUALIFICATION REQUIREMENTS The prospective SASO shall submit to the City at the time of application the following information and thereafter,such additional information as may be requested by the City. A. Intended Scope of Activities: As a condition precedent to the granting of an operating privilege at the Airport, the prospective SASO 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 Cprovide high-quality service to the aviation and general public. B. Financial Responsibility: The prospective SASO must provide a certified statement as prepared by a Certified Public Accountant, said statement to be satisfactory to the City,in evidence of financial responsibility. The prospective SASO 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 the ability to provide working capital to carry on the contemplated operations,once initiated. C. Experience: The prospective SASO shall also furnish the City with a statement of past experience in the specified aviation services selected to be supplied at 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 City Council Regular Meeting March 5,2019 Page 155 Prior to the commencement of construction or operation, the prospective SASO shall be required to enter into a written agreement with the City, which agreement shall recite the terms and conditions under which said SASO 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 the conditions set forth in this Schedule of Minimum Standards do not represent a complete recitation of the provisions to be included in a written agreement for construction or operation. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None C. City Manager to Execute Policy. Council Member Anthony moved to authorize the City Manager to execute the Charlotte-Monroe Executive Airport Minimum Standards for Commercial Aeronautical Activities and Fixed Base Operations Policy (MA-01). Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 9. Concord Avenue Bridge Replacement Proiect to Include Pedestrian Improvements. Engineering Director Jim Loyd advised by memorandum that the North Carolina Department of Transportation(NCDOT) was proposing to replace the existing bridge on Concord Avenue over US Highway 74/NC 200. Mr. Loyd advised that the project was included in the North Carolina State Transportation Improvement Program(STIP)with construction scheduled in Fiscal Year 2021. He advised that in response to a scoping request by the NCDOT, the Engineering Director responded on July 16,2018 and advised of the need for inclusion of sidewalk along both sides of the replacement structure. Mr. Loyd advised that the current bridge did not have a designated area and there was limited space available for pedestrians to use the overpass. He advised that the City was moving forward with plans to revitalize the area immediate to the south of this location through a project titled "Concord Avenue Revitalization." Mr. Loyd advised that Staff was currently working with a consultant on a Community Development Block Grant(CDBG)project to replace/extend sidewalk along the west side of Concord Avenue from Charlotte Avenue to Lomax Street. He advised that at the terminus of Concord Avenue with US 601 on the northern end of the roadway,Union County had recently completed a new Social Services building that included five ft. sidewalks along the property's perimeter. Mr. Loyd advised that a 356-lot subdivision was also tentatively planned opposite the Social Services building on Concord Avenue. He advised that these projects were expected to increase pedestrian activity within the area. Mr. Loyd advised that the bridge project provided an opportunity to address these needs as well as tie two areas separated by US Highway 74 together. City Council Regular Meeting March 5,2019 Page 156 Mr. Loyd advised that the planned improvements by NCDOT included two roundabouts on Concord Avenue to address ramp connections serving US Highway 74. He advised that the estimated costs for the inclusion of the five ft. sidewalk was $425,228 with the City being responsible for 30%of the estimated costs or$127,568. Mr. Loyd advised that the plans had been updated to include the five ft. sidewalk with a four ft.planting strip in lieu of the originally planned paved shoulder by NCDOT. Mr. Loyd advised that Staff was in full support of including sidewalk within the limits of the bridge replacement project. He advised that the improvements would provide for pedestrian safety within the project area as well as tie two areas separated by US Highway 74 together. Mr. Loyd advised that Powell Bill reserve funds were sufficient to cover the City's share of costs. He advised that if Council approved participation, a formal Municipal Agreement would be brought to Council at a (ivCouncil date once provided by NCDOT. Mr. Loyd advised that this matter was presented to the Public Enterprise Committee on February 19, 2019. Mr. Loyd advised that it was the recommendation of the Public Enterprise Committee and Staff that Council approve the inclusion of sidewalk on the Concord Avenue Bridge Replacement Project at an estimated cost share to the City of$127,568. Council Member Anthony moved to approve the inclusion of sidewalk on the Concord Avenue Ce Bridge Replacement Project at an estimated cost share to the City of$127,568. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 10. Demolition of 320/322-330 E. Franklin Street. Assistant City Manager Brian Borne advised by memorandum that Council approved funding through the issuance of Limited Obligation Bonds for the demolition of 320/322-330 E. Franklin Street on September 4,2018. Mr. Borne advised that the budget of$600,000 included demolition and paving at this location which �r was adjacent to the Monroe Science Center. He advised that bids for demolition of the vertical structures of 320/322-330 E. Franklin Street and the foundation/basements of 320 E. Franklin Street was awarded to D.H. Griffin Wrecking Co, Inc. on January 8, 2019 in the amount of $119,000. Mr. Borne advised that in preparation of demolition of the vertical structures of 320/322-330 E. Franklin Street, D.H. Griffin discovered asbestos containing materials in the fireproofing and roofing materials. He advised that upon further testing, asbestos containing materials were confirmed. Mr. Borne advised that a change order was needed to cover the abatement of asbestos containing materials, air monitoring and clearances prior to demolition in the amount of$133,600. He advised that this would increase the total demolition cost to $252,600. Mr. Borne advised that the remaining$347,400 in the budget was for parking lot improvements. City Council Regular Meeting March 5,2019 Page 157 Mr. Borne advised that this matter was presented to the General Services Committee on February tor 18, 2019. Mr. Borne advised that it was the recommendation of the General Services Committee and Staff that Council approve Change Order#1 requested from D.H. Griffin in the amount of$133,600 and authorize the City Manager to execute the necessary documents. He advised that there were sufficient funds in the budget for Change Order#1. A. Change Order#1 from D.H. Griffin Wrecking Co., Inc. Council Member Anthony moved to approve Change Order#1 from D.H. Griffin Wrecking Co., Inc. in the amount of$133,600 to cover the abatement of asbestos containing materials, air monitoring and clearances prior to demolition of 320/322-330 E. Franklin Street. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute any and all necessary documents with regard to Change Order#1 from D.H. Griffin Wrecking Co., Inc. related to the demolition of 320/322-330 E. Franklin Street. (howl Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 11. Fire Station#5 Fire Sprinkler and Alarm System. Fire Chief Ron Fowler advised by memorandum that bids were solicited for design and installation of a fire sprinkler and alarm system for Fire Station #5 located at 105 Maple Hill Road. Mr. Fowler advised that bids were received as follows: Company Amount FESS Fire Protection $103,000 IPI Fire Protection $125,014 Yadkin Valley Fire Protection $125,950 Quality Sprinkler Co. $149,980 Based on review of the bids, Staff advised that FESS Fire Protection did not meet the intent of the specifications of design and installation; therefore, Staff reviewed and recommended award of the bid for this project to IPI Fire Protection. He advised that the Fiscal Year 2019 Budget allocated $140,000 for this project. Mr. Fowler advised that this matter was presented to the General Services Committee on February 18, 2019. City Council Regular Meeting March 5,2019 Page 158 Mr. Fowler advised that it was the recommendation of the General Services Committee and Staff that Council award the contract for the design and installation of a fire sprinkler and alarm system at Fire Station#5 to IPI Fire Protection in the amount of$125,014 and authorize the City Manager to execute the contract and all necessary documents. A. Award of Contract to IPI Fire Protection. Council Member Anthony moved to award the contract for the design and installation of a fire sprinkler and alarm system at Fire Station#5 to IPI Fire Protection in the amount of$125,014. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. City Manager to Execute Documents. Council Member Anthony moved to authorize the City Manager to execute the contract and any and all necessary documents for the design and installation of a fire sprinkler and alarm system at Fire Station #5 to IPI Fire Protection. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 12. Minutes and Reports. A. Disbursement of Fiscal Year 2018-2019 City Council Discretionary Funds. 1) Council Member Billy Jordan. City Clerk Bridgette Robinson advised by memorandum that Staff had received a request from Council Member Billy Jordan for disbursement of City Council Discretionary Funds to Union County Community Action, Inc. in the amount of $3,000. Disbursements for Council Member Jordan to date follow: Date Recipient Fiscal Impact Amount Balance 07/02/2018 Discretionary Allocation FY 2017-2018 $3,000 01/30/2019 Union County Community Action, Inc. $3,000 $0 As this item was for informational purposes only, no action was required from Council. B. Financial Reports for February 2019. Financial Reports for February 2019 were received as information by Council. C. Minutes of Board of Adjustment Meeting of December 13, 2018. Minutes of the Board of tir Adjustment Meeting of December 13, 2018 were received as information by Council. City Council Regular Meeting March 5,2019 Page 159 D. Minutes of Charlotte-Monroe Executive Airport Commission Meeting of January 14. 2019. Minutes of the Charlotte-Monroe Executive Airport Commission Meeting of January 14, 2019 were received as information by Council. E. Minutes of City Council Meetings of February 5, 2019. Council Member Anthony moved to approve the Minutes of the City Council Strategic and Regular Meetings of February 5, 2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None F. Minutes of General Services Committee Meeting of December 13, 2018. Minutes of the General Services Committee Meeting of December 13, 2018 were received as information by Council. G. Minutes of Historic District Commission Meeting of January 14, 2019. Minutes of the Historic District Commission Meeting of January 14, 2019 were received as information by Council. H. Minutes of Monroe Tourism Development Authority Meeting of January 10, 2019. Minutes of the Monroe Tourism Development Authority Meeting of January 10, 2019 were received as information by Council. I. Minutes of Monroe-Union County Economic Development Board of Advisors Meeting of January 15, 2019. Minutes of the Monroe-Union County Economic Development Board of Advisors Meeting of January 15, 2019 were received as information by Council. J. Minutes of Planning Board Meeting of January 9, 2019. Minutes of the Planning Board Meeting of January 9, 2019 were received as information by Council. K. Minutes of Public Safety Committee Meeting of December 17,2018. Minutes of the Public Safety Committee Meeting of December 17, 2018 were received as information by Council. L. Minutes of Winchester Neighborhood Sub-Committee Meetings of November 15, 2018 and January 29, 2019. Minutes of the Winchester Sub-Committee Meetings of November 15, 2018 and January 29, 2019 were received as information by Council. M. Summary of Contracts Awarded, Change Orders Approved and Settlement of Claims. City Manager E.L. Faison reported by memorandum the award of contracts pursuant to Ordinance 0-2001-17, change orders approved pursuant to Resolution R-2000-76 and the settlement of claims pursuant to Ordinance 0-2018-50: C City Council Regular Meeting March 5,2019 Page 160 Date Name Purpose Fiscal Impact Fund Amount 01/25/2019 B&N Grading,Inc. 2018 sidewalk improvement Engineering *$1,590 [CO#1] project 01/30/2019 Carolina Occ Med Employee physicals and Human *$3,000 [CO#1] medical exams Resources 01/30/2019 Consolidated Pipe& Recondition McElroy fusion Energy *$2,500 Supply Company, Inc. equipment Services 01/30/2019 Municipal Emergency Respiratory equipment services Energy *$4,999 Services per OSHA Services 01/30/2019 When Angels Land Use of public parking while Downtown *$400 filming 02/04/2019 Arbitrage Compliance Arbitrage rebate calculation Finance *$550 Specialists, Inc. services for Series 2017 Revenue Bonds 02/04/2019 McLaughlin Young Time management training for Finance *$900 Customer Service division 02/05/2019 Hamilton Stephens Legal services Legal *$4,999 Steele+Martin,PLLC 02/05/2019 J.M.Teague Flagger and flagger instructor Energy *$1,375 Engineering&Planning training services Services 02/05/2019 Morris Trucking Increased Water Treatment Water $49,999 [CO#1] Plant(WTP)hauling Resources 02/06/2019 Municipal Emergency Annual breathing air Fire $15,500 Co' Services compressor service 02/06/2019 Stericycle Shred hard drives Information *$4,050 [CO#1] Technology 02/07/2019 Pro Source Fitness Stations#1,#2,#3 and#5 True Fire $18,796 Equipment Fitness 650 Series Treadmills (4) 02/08/2019 Hilltop Fish Fare& Energy Services Director's Energy *$3,531 Steakhouse retirement reception [CO#1] 02/12/2019 Alfred Benesch& Monroe Aquatics and Fitness Parks and $50,050 Company Center(MAFC)and Parks Recreation Williams Athletic Complex greenway connector design 02/19/2019 Harrell's,LLC Supply materials and spread Parks and $16,797 pre-emergent/fertilizer for Recreation spring fertilization at MCC Golf Course 02/19/2019 Madrid Maintenance Provide maintenance Water $38,450 Management Solutions management research, Resources documentation and configuration,training for implementation of new software package 02/19/2019 Charles R.Underwood, Replace pumps 2 and 3 at the Water $19,460 Inc. Goldmine Pumping Station Resources 02/20/2019 Lawrence Associates Land Surveying Services for Planning and *$4,500 307 and 213 Kerr Street Development City Council Regular Meeting March 5,2019 Page 161 Date Name Purpose Fiscal Impact Fund Amount tow 02/21/2019 All Fire Services Annual service and inspection Fire *$1,425 of the fire sprinkler system and backflow devices at Fire Station#2 and#4 02/22/2019 Skyway Floor Covering Removal and replacement of Parks and $5,890 flooring at MCC Pro-Shop Recreation 02/22/2019 Roger Melton Painting Replace old caulk in exterior Parks and *$1,100 windows at MAFC Recreation 02/22/2019 Reliable Equipment& Repair of hydraulic tools and Energy *$4,999 Service Company,Inc. equipment Services 02/22/2019 Thinking Hats Consulting services for Water Water $15,000 Technologies Resources GIS Resources [CO#2] *Approved by Department Director Total $260,904 There were no settlement of claims. This item was for informational purposes only; therefore, no action was required from Council. Item No. 13. Ordinances. A. Code of Ordinances—Title VII: Traffic Code,Chapter 75: Traffic Schedules—Schedule I — Speed Limits, Section (A) titled "State Maintained Streets" to Adjust Description on Maple Hill Road. Engineering Director Jim Loyd advised by memorandum that two United States Postal Service mailboxes were previously located on the south side of Jefferson Street just east of Beasley Street. Mr. Loyd advised that the mailboxes were removed several years ago and, therefore, there was room to add an additional parking space in the area. He advised that the last space on the east side of Beasley Street was currently designated as an accessible space but it did not meet current accessibility standards. Since adding an additional parking space would require work in the immediate vicinity of the accessible space, Mr. Loyd advised that the existing space would need to be updated. He advised that a compliant parallel parking space required an indent in the curb and sidewalk to provide for a five-foot-wide access aisle in addition to some extra length to provide for curb transition areas and an accessible ramp. Mr. Loyd advised that once tir these improvements were made, there would be enough distance left for one additional parking space. Mr. Loyd advised that a discrepancy with the current two-hour parking schedule on Jefferson Street was discovered when looking into this issue. Mr. Loyd advised that this matter was presented to the Public Safety Committee on February 19, 2019. Mr. Loyd advised that it was the recommendation of the Public Safety Committee and Staff that Council adopt an Ordinance amending Schedule II - (B) Two Hour Parking and Schedule V - (A) Accessible on Street Parking to reflect the modifications to the existing accessible space and the addition of one parking space on the south side of Jefferson Street,just east of Beasley Street. If approved,Mr. Loyd advised that the work to upgrade the accessible space and install the additional City Council Regular Meeting March 5,2019 Page 162 striping would be added to the Street Division's three-month work schedule and would be completed within that time frame, weather permitting. Council Member Anthony moved to adopt Ordinance 0-2019-06: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE VII: TRAFFIC CODE CHAPTER 75: TRAFFIC SCHEDULES 0-2019-06 BE IT ORDAINED by the City of Monroe Council that Title VII: Traffic Code, Chapter 75 — Traffic Schedules of the City of Monroe Code of Ordinances is amended as follows: Section 1. Amend SCHEDULE I. SPEED LIMITS, Section(A)State Maintained Streets to delete: Street Description Speed Limit Maple Hill Road From US Highway 601 northward to a point 45 (SR 1502) 0.24 mile south of Fowler Road(SR 1503) Section 2. Amend SCHEDULE I. SPEED LIMITS, Section(A)State Maintained Streets to add: Street Description Speed Limit Maple Hill Road Between US 601 and 0.933 mile north of US 45 (SR 1502) 601 Section 3. This Ordinance shall be effective upon adoption. Adopted this 5th day of March,2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None B. Code of Ordinances—Title VII: Traffic Code,Chapter 76: Parking Schedules—Schedule II—Parking Restricted, Section (B) titled "Two Hour Parking" and Schedule V—Accessible Parking, Section (A) titled "Accessible on Street Parking" to Modify Jefferson Street. Engineering Director Jim Loyd advised by memorandum that Staff had received a request from the North Carolina Department of Transportation (NCDOT) to adjust the description of the speed limit area on Maple Hill Road as covered by Ordinance. Mr. Loyd advised that the construction of the Monroe Bypass caused Maple Hill Road to be split into two pieces. He advised that the southern portion of Maple Hill Road was now fully contained within the City limits while the northern portion had been re-named "Baucom Fowler Road" and was split at the road centerline between Union County and Monroe. Mr. Loyd advised that the request from NCDOT was to L repeal the speed limit of 45 mph on Maple Hill Road"from US 601 northward to a point 0.24-mile south of SR 1503 (Fowler Road)"and enact the same speed limit, deleting the reference to Fowler Road, with the new description of"between US 601 and 0.933 mile north of US 601." City Council Regular Meeting March 5,2019 Page 163 Mr. Loyd advised that this matter was presented to the Public Safety Committee on February 18, 2019. Mr. Loyd advised that it was the recommendation of the Public Safety Committee and Staff that Council adopt an Ordinance amending Schedule I: (A) Speed Limits to delete the current description of the speed limit on Maple Hill Road and add the updated description as provided by NCDOT Council Member Anthony moved to adopt Ordinance 0-2019-07: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE VII: TRAFFIC CODE CHAPTER 76: PARKING SCHEDULES 0-2019-07 BE IT ORDAINED by the City of Monroe Council that Title VII: Traffic Code, Chapter 76 — Parking Schedules of the City of Monroe Code of Ordinances is amended as follows: Section 1. Amend SCHEDULE II. PARKING RESTRICTED, Section (B) Two hour parking to delete: Street Name Side From To (111., Jefferson South 20 feet west of Church 152 feet west of Church Section 2. Amend SCHEDULE V. ACCESSIBLE PARKING, Section (A) Accessible on street parking to delete: Street Side Location Jefferson Street South One Space—first space east of Beasley Street Section 3. Amend SCHEDULE II. PARKING RESTRICTED, Section (B) Two-hour parking to add: Street Name Side From To Jefferson South 20 feet west of Church 160 feet west of Church Section 4. Amend SCHEDULE V. ACCESSIBLE PARKING, Section (A) Accessible on street parking to add: Street Side Location Jefferson Street South One Space — first space between Beasley Street and Church Street Adopted this 5th day of March,2019. Council Member McGee seconded the motion, which passed unanimously with the following cov votes: City Council Regular Meeting March 5,2019 Page 164 AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 14. Pinedell Avenue Culvert Replacement and Road Widening Capital Improvement Proiect. Engineering Director Jim Loyd advised by memorandum that in 2009, Staff initiated a Stormwater Management Master Planning Program with the goal of developing a systematic and proactive plan to address needs for both flooding and water quality concerns in the various watersheds. Mr. Loyd advised that the primary goal of the study was to develop planning tools and capital improvement projects (CIPS) that reduced the potential impacts associated with street and building flooding, addressed existing erosion problems and improved water quality. Mr. Loyd advised that as part of the Bearskin Creek Watershed Stormwater Master Planning Study, CDM Smith recommended that the existing box culvert under Pinedell Avenue that conveyed Dry Fork Tributary under the road be replaced and upgraded. He advised that the box culvert under Pinedell Avenue was predicted to overtop during the two-year storm event which had a 50% chance of occurring with any given year. Mr. Loyd advised that the size of the box culvert under Pinedell Avenue was 8.3 feet(w) x 6.7 feet(h). He advised that by today standards, the culvert would need to be designed for the 25-year storm event that has a 4% chance of occurrence within any given year. Mr. Loyd advised that the Bearskin Creek Watershed Stormwater Master Plan Study recommended that the existing box culvert be replaced with a double 10 feet (w) x 8 feet (h) precast concrete box culvert. He advised that as part of the improvements, the single-lane crossing would be widened to allow for two-lane travel across the tributary. Mr. Loyd advised that in February 2017, Staff initiated a contract with CDM Smith to begin engineering and design phase for the proposed Pinedell Avenue Culvert Replacement and Road Widening Capital Improvement Project. He advised that during project development, it had been determined that the existing water line and gas line would need to be relocated due to their location within the existing box culvert. Mr. Loyd advised that an existing 2"steel natural gas main encased inside a 4" steel casing runs through the existing box culvert. He advised that the Energy Services Department had indicated that they would provide for the design and relocate the natural gas main before the existing box culvert was removed. Regarding the water and sewer system facilities,Mr. Loyd advised that an existing 6-inch water line was to be relocated over the proposed box culvert and an existing 15-inch sewer main (upstream of the crossing) was to be relocated away from the proposed box culvert wing wall. He advised that the relocations were being coordinated with the Water Resources Department. Mr. Loyd advised that CDM Smith was requesting an additional $36,000 in engineering fees to design and prepare construction drawings for the relocation of the water and sewer lines. Mr. Loyd advised that this matter was presented to the Public Enterprise Committee on February 19, 2019. Mr. Loyd advised that the Public Enterprise Committee and Staff recommend that Council approve the Change Order from CDM Smith in the amount of$36,000 for additional engineering services for the design of proposed utility relocations required for the Pinedell Avenue Culvert City Council Regular Meeting March 5,2019 Page 165 Replacement and Road Widening Project (SU1701), adopt a Capital Project Budget Ordinance and authorize the City Manager to execute the Change Order. He advised that sufficient funds were available in the Stormwater Utility Fund Balance. A. Change Order from CDM Smith. Council Member Anthony moved to approve the Change Order from CDM Smith in the amount of$36,000 for additional engineering services for the design of proposed utility relocations required for the Pinedell Avenue Culvert Replacement and Road Widening Project (SU1701). Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None B. Capital Project Budget Ordinance. Council Member Anthony moved to adopt Capital Project Budget Ordinance BO-2019-03: CAPITAL PROJECT BUDGET ORDINANCE PINEDELL AVENUE CULVERT REPLACEMENT PROJECT BO-2019-03 WHEREAS, the City desires to replace the existing box culvert under Pinedell Avenue that conveys Dry Fork Tributary under the road;and WHEREAS,the City desire to improve Pinedell Avenue over the existing box culvert; and WHEREAS,a previous capital improvement project was approved during the 2017 Budget Process in the amount $110,000 for design and preparation of construction drawings for improvements to the crossing and Pinedell Avenue; and WHEREAS, it has been determined that additional design and construction drawings will be required to address water and sewer system relocations at a cost of$36,000. NOW,THEREFORE,BE IT ORDAINED that the City Council hereby increases funding in the Pinedell Avenue Culvert Replacement Project, SU1701,as follows: Stormwater Utility Fund: Revenues: Appropriation from Fund Balance $36,000 Expenditures: Transfer to Stormwater Project Fund $36,000 Stormwater Capital Project Fund: Revenues: Transfer from Stormwater Utility Fund $36,000 Expenditures: Capital Outlay $36,000 Adopted this 5th day of March,2019. City Council Regular Meeting March 5,2019 Page 166 Council Member McGee seconded the motion, which passed unanimously with the following votes: Cr AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None C. City Manager to Execute Change Order. Council Member Anthony moved to authorize the City Manager to execute the Change Order from CDM Smith for the Pinedell Avenue Culvert Replacement and Road Widening Project (SU1701). Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 15. Resolutions. A. Exempting Winchester Revitalization Area Environmental Level of Review Site Strategy from Engineering Qualification-Based Selection Process. Planning and Development Director Lisa Stiwinter advised by memorandum that the mission of the Community Development Division was to foster and facilitate revitalization. Ms. Stiwinter advised that the Community Development Division managed the City's foreclosure and acquisition activities, as it related to economic vitality,revitalization,housing, fostering community place and furthering City of Monroe adopted plans. She advised that the City had established a process to require an environmental assessment prior to any property acquisition and the eligibility of most other governmental funding requires an environmental assessment to have been completed or to be completed. Ms. Stiwinter advised that the State of North Carolina Mini Brooks Act required local governments to select firms providing architectural, engineering, surveying, construction management at risk services,design-build services,and public-private partnership construction services without regard to fees. She advised that the City was only able to make a selection based on qualifications. Ms. Stiwinter advised that Section 143-64.32 of the North Carolina General Statutes, allowed the City of Monroe to exempt a project(s) from the Mini Brooks Act that had an anticipated cost of less than $50,000. She advised that Community Development had estimated that these two projects would cost less than $50,000 and had identified qualified environmental engineers to provide the service. In order for a city to request proposals for professional engineering services,Ms. Stiwinter advised that an exemption was required per the State of North Carolina Mini Brooks Act. She advised that the purpose of this action was to allow the City to solicit proposals and select based on cost for projects under$50,000. Ms. Stiwinter advised that the City owned approximately 12.8 acres of property identified in the adopted Winchester Redevelopment Plan. She advised that the Community Development Strategic Action Plan(s) included measures to facilitate a feasibility studies of City-owned parcels targeted for development. Ms. Stiwinter advised that the environmental assessments were a critical component of a feasibility study. She advised that Community Development was committed to City Council Regular Meeting March 5,2019 Page 167 seeking funding opportunities, including federal, state, foundation, local and other funding for development, economic vitality, and rehabilitation activities in the Winchester Neighborhood Overlay District including the City-owned property. Ms. Stiwinter advised that Council recently formed the Winchester Neighborhood Sub-Committee to further engage stakeholders to promote revitalization and foster community place. She advised that Community Development anticipated scattered site acquisition for affordable housing as a feasible strategy to promote these initiatives. Ms. Stiwinter advised that Community Development would distribute a Request for Proposals for the environmental site assessment for the City-owned land described in the Winchester Redevelopment Plan and a Request for Proposals for an Environmental Unspecified Site Strategy for Residential Properties located in the Winchester Neighborhood Overlay District. Ms. Stiwinter advised that the environmental strategy would focus on the City-owned property first to identify and mitigate environmental factors, where possible. She advised that once the environmental assessment was complete, a Request for Proposals for an Environmental Unspecified Site Strategy for the Winchester Neighborhood Overlay District would be conducted. Ms. Stiwinter advised that the City would remain the responsible entity for both environmental assessments. Ms. Stiwinter advised that it was the recommendation of the General Services Committee and Staff Coof that Council adopt a Resolution for an Exemption from Engineer Qualification Based Selection Process for Requests for Proposals for the environmental site assessment for the City-owned land described in the Winchester Redevelopment Plan and Request for Proposals for an Environmental Unspecified Site Strategy for Residential Properties located in the Winchester Neighborhood Overlay District, name the City Manager as the Responsible Entity and authorized to execute all contract and award documents. Council Member Anthony moved to adopt Resolution R-2019-10: RESOLUTION EXEMPTING WINCHESTER REVITALIZATION AREA ENVIRONMENTAL LEVEL OF REVIEW SITE STRATEGY FROM ENGINEERING QUALIFICATION-BASED SELECTION PROCESS R-2019-10 WHEREAS, G.S. 143-64.31 requires the initial solicitation and evaluation of firms to perform architectural, engineering, surveying, construction management-at-risk services, and design build services(collectively"design services")to be based on qualifications and without regard to fee; and WHEREAS, the City proposes to enter into one or more contracts for environmental services for work on City owned parcels identified in the Winchester Redevelopment Plan;and WHEREAS, the City proposes to enter into one or more contracts for environmental services for work on parcels located in the Winchester Neighborhood Overlay District; and WHEREAS, G.S. 143-64.32 authorizes units of local government to exempt contracts for design services from the qualifications-based selection requirements of G.S. 143-64.31 if the estimated fee is less than$50,000; and City Council Regular Meeting March 5,2019 Page 168 WHEREAS,the estimated fee for engineering services for the above-described project is less than $50,000. Cir NOW,THEREFORE,the City Council of the City of Monroe RESOLVES that: Section 1. The above-described project is hereby made exempt from the provisions of G.S. 143-64.31. Section 2. This Resolution shall be effective upon adoption. Section 3. The City Manager is hereby authorized to take any and all action necessary execute execution all documents on behalf of the City regarding the award of the engineering services for the Environmental Level of Review for the City owned parcels identified in the Winchester Redevelopment Plan and execute all documents on behalf of the City regarding the award of the engineering services for the Environmental Level of Review for the parcels located in the Winchester Neighborhood Overlay District. Adopted this 5th day of March,2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore Co' NAYS: None B. Retiring Employee Keith William Ulrich. Energy Services Interim Director David Lucore advised by memorandum that Natural Gas Crew Leader Keith Ulrich would be retiring on March 29, 2019. Mr. Lucore advised that Mr. Ulrich joined the City on August 29, 1994 and would be retiring with 25 years of service. Mr. Lucore advised that it was the recommendation of Staff that Council adopt a Resolution expressing appreciation to Mr. Ulrich for his service to the City of Monroe over the past 25 years and extending best wishes on his retirement. He advised that the Resolution would be presented to Mr. Ulrich at a later date. Council Member Anthony moved to adopt Resolution R-2019-05: RESOLUTION OF MONROE CITY COUNCIL HONORING RETIRING EMPLOYEE KEITH WILLIAM ULRICH R-2019-05 WHEREAS,on the occasion of his retirement on April 1,2019,the City Council wishes to express its sincere appreciation to Keith Ulrich for his loyal and dedicated service to the City of Monroe Energy Services Natural Gas Division;and CWHEREAS,Keith Ulrich joined the City of Monroe as a Utility Maintenance Worker August 29, 1994 and in October 1996 was promoted to a Utility Maintenance Technician;and City Council Regular Meeting March 5,2019 Page 169 WHEREAS, in October of 2000, Keith Ulrich was reclassified as an Energy Services Locator, promoted to Gas Technician IV/Locator in 2003 and since April 2016, he has served as Crew Leader for the locating staff;and WHEREAS, for 25 years, Keith Ulrich has focused on providing safe and reliable gas services to meet the individual needs of our customers in an exemplary manner to serve the citizens and businesses of the City of Monroe; and WHEREAS, the City of Monroe is most grateful for the professional and personal contributions Keith Ulrich has given to the City of Monroe; and WHEREAS, the City Council of the City of Monroe wishes to acknowledge and express its appreciation to him for the years of distinguished service to the citizens of Monroe, noting that Keith Ulrich will be missed both professionally and as a friend. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council publicly express their sincere appreciation to Keith William Ulrich for his outstanding performance to the City of Monroe over the past 25 years and extend very best wishes for a long and happy retirement. BE IT FURTHER RESOLVED that this Resolution be entered upon the permanent Minutes of the City Council. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 5th day of March 2019. (tisoe, Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 16. Tax Releases for January 2019. Finance Director Lisa Strickland advised by memorandum that the refunds and releases of taxes pursuant to North Carolina General Statute §105-381 for January 2019 were$1,002.57. Ms. Strickland advised that the releases were created by a change or reduction in value for the City of Monroe by the Union County Tax Assessor. Ms. Strickland advised that the Union County Commissioners had previously approved these releases and Staff was now requesting that Council approve the tax releases for January 2019 in the amount of$1,002.57. Council Member Anthony moved to approve tax refunds and/or releases for January 2019 in the amount of$1,002.57. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None City Council Regular Meeting March 5,2019 Page 170 Item No. 17. Utility Fee Grant Program Fee Waiver Request by Monroe-Union County Community Development Corporation. Finance Director Lisa Strickland advised by memorandum that Monroe-Union County Community Development Corporation (MUCCDC) was requesting waiver of water and sewer connection fees for two homes in the East Village Subdivision. Ms. Strickland advised that MUCCDC was partnering with Pinnacle Homes USA, LLC to provide homes located at 344 East Village Drive and 350 East Village Drive for low-to- moderate income families. She advised that the cost of each connection was $5,184 for a total of $10,368 for both connections. Ms. Strickland advised that the Utility Fee Grant Program currently had $22,900 available in the account. Ms. Strickland advised that this matter was presented to the General Services Committee on February 18, 2019. Ms. Strickland advised that it was the recommendation of the General Services Committee and Staff that Council approve the distribution of$10,368 from the Utility Fee Grant Program to cover the cost of the connections as requested by MUCCDC. Council Member Anthony moved to approve the distribution of funds in the amount of$10,368 to cover the cost of the connections for the homes located at 344 East Village Drive and 350 East Village Drive. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None REGULAR AGENDA Item No. 18. Advertisement of Unpaid Real Estate Property Taxes. Finance Director Lisa Strickland advised by memorandum that North Carolina General Statute (N.C.G.S.) §105-367 allowed the use of in-rem foreclosure procedures as a means of enforcement action against the collection of unpaid real estate taxes. Ms. Strickland advised that N.C.G.S. §105-369(a) required municipal tax collectors to report to their governing boards the total amount of unpaid taxes for the current year that were liens on real property. Ms. Strickland reported that as of February 11, 2019, the City's unpaid balance of real estate taxes was $646,712. She advised that a list of unpaid real estate taxes was available in the Tax Office. Upon receipt of the report, Ms. Strickland advised that the governing board must order the Tax Collector to advertise a list of unpaid real estate taxes. In accordance with N.C.G.S. §105.369(c), she advised that the advertisement was required to include, in part, the name of the record owner and the principal amount of taxes owed and must be placed in a newspaper with general circulation within the City. Ms. Strickland advised that funds in the quoted amount of$1,624 were included City Council Regular Meeting March 5,2019 Page 171 in the current Fiscal Year Budget for the tax delinquency advertisement to run in The Enquirer- Journal on April 14, 2019. (109 Ms. Strickland advised that it was the recommendation of Staff that Council authorize the Tax Collector to advertise the unpaid real estate taxes pursuant to N.C.G.S. §105-369. City Attorney Shah-Khan advised that Staff requested that this item be moved to the Regular Agenda because the City received notification after the Agenda packet had been prepared that the publication dates for The Enquirer-Journal would be changing beginning April 2, 2019. Therefore, he requested that Council approve the date for the unpaid real estate taxes to be advertised in The Enquirer-Journal be revised from April 14, 2019 to April 13, 2019. Council Member Anthony moved to authorize the Tax Collector to advertise the unpaid real estate taxes pursuant to N.C.G.S. §105-369 on April 13,2019 in The Enquirer-Journal. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Item No. 19. Historic Landmark Designation for Ashcraft-Garren Home Located at 304 E. Houston Street. Ce, A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Planner Keri Mendler advised that that the Union County Historic Preservation Commission was requesting a historic landmark designation for the home and exterior grounds and portions of the interior including the staircase, mantels, original tin roof, original hardware, and original floor for the property located at 304 E. Houston Street(Tax Parcel ID# 09-231-118). Ms. Mendler advised that the structure was constructed in circa 1910 by Eugene and Sadie Ashcraft. She advised that the structure was considered a Classical Revival style and was a two- story frame dwelling with an L-shaped plan. Ms. Mendler advised that the main block of the home was covered with its original tin-shingle roof and had single-story ells extended at the rear. Ms. Mendler advised that the front façade was dominated by a one-story porch supported by square- section columns in pairs and trios. She advised that the flat porch roof covered the right two recessed bays of the three bay façade. Ms. Mendler advised that the main entrance door contained a beveled oval glass panel and a single sidelight rested on a double-paneled base. She advised that another notable exterior element was a first-floor window in the east bay with a leaded glass transom above a single-light lower sash. Ms. Mendler advised that a historic landmark designation meant that the community recognized this property as an important resource worthy of preservation. She advised that any substantial exterior design changes to a designated landmark were subject to design review procedures of the Union County Historic Preservation Commission. Ms. Mendler advised that the designation City Council Regular Meeting March 5,2019 Page 172 would allow the owner to apply for an annual deferral of 50% of the property taxes as long as the property was designated and retains significance and integrity. Ms. Mendler advised that it was the recommendation of the Staff that Council adopt an Ordinance designating the property known as the Ashcraft-Garren Home a historic landmark. Ms. Barbara Moore, Union County Historic Preservation Commission Chair, advised that the Union County Historic Preservation Commission unanimously supported the applicant's approval of the historic landmark designation for the Ashcraft-Garren Home located at 304 E. Houston Street and requested that Council approve the request. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action — Ordinance Declaring Historic Landmark. Council Member Anthony moved to adopt Ordinance 0-2019-08: ORDINANCE DESIGNATING PROPERTY KNOWN AS ASHCRAFT-GARREN HOME A HISTORIC LANDMARK 0-2019-08 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes,as (6.1 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, WHEREAS,the City of Monroe has adopted an Ordinance entitled"Ordinance Creating the Union County Historic Preservation Commission,"hereinafter referred to as the"Ordinance"; and WHEREAS, the Ordinance provides for the designation of historic landmarks by the City of Monroe City Council upon recommendation and findings by the Union County Historic Preservation Commission,hereinafter referred to as the"Commission"; and WHEREAS, the Commission has recommended designation of the Ashcraft-Garren home as a historic landmark,and the Commission has otherwise complied with all applicable requirements of the Ordinance regarding establishment of a historic landmark; and WHEREAS,the Ashcraft-Garren home possesses special architectural and cultural significance as properties associated with the events that have made significant contributions to the broad patterns of the history of the City of Monroe;and NOW,THEREFORE,BE IT ORDAINED by the City of Monroe City Council to amend Section 4.0 of the Ordinance to add subsection F as follows: (F) The Ashcraft-Garren Home-304 E. Houston St. 1. In accordance with the requirements of the Ordinance,the Ashcraft-Garren home is hereby designated as a historic landmark. The Ashcraft-Garren home is located at 304 E.Houston Street, Monroe,North Carolina, 28112,on a tract of land described in a deed recorded in City Council Regular Meeting March 5,2019 Page 173 Book 6627,Pages 0600,Union County Registry. The owner of the Ashcraft-Garren home is Jonathan Thompson and Katherine Hartness.For purposes of this designation,Ashcraft- Garren home shall refer to:the grounds of the property,building exterior,and the following portions of the interior of the building. a) Staircase b) Mantels c) Original tin roof d) Original hardware e) Original floors 2. From and after designation of the Ashcraft-Garren home as a historic landmark,no exterior portions of any building or other structures(including masonry walls,fences,light fixtures, steps and pavement,or other appurtenant features),nor any above-ground utility structure nor any type of outdoor advertising sign, nor any feature consented to by the owner(s) as part of the historic landmark, shall be erected, altered, restored,moved or demolished on such landmark until after an application for a certificate of appropriateness has been submitted to and approved by the Commission. The waiting period specified in Chapter 160A, Article 19 of the North Carolina General Statutes shall be observed prior to any demolition of the Ashcraft-Garren home. 3. Upon consent by the owner(s), the Commission may post a suitable sign on the property comprising the Ashcraft-Garren home indicating its designation as a historic landmark. If the owner(s) objects to such sign, the Commission may place the sign on a nearby right- of-way as approved by the City of Monroe. 4. Nothing in this Ordinance shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of the Ashcraft-Garren home, which does not involve a change in design, materials, or outer appearance thereof, nor prevent the construction, reconstruction, alteration,restoration, or demolition of any such feature which the City of Monroe Building Inspector or similar official shall certify is required by public safety due to unsafe or dangerous conditions. Nothing herein shall be construed to prevent a property owner from making use of his property not prohibited by other statutes, Ordinances or regulations. Nothing herein shall be construed to prevent the maintenance or immediate restoration of any existing above-ground utility structure in the case of an emergency without approval of the Commission. 5. Upon adoption of this Ordinance,the Commission shall provide written notice of landmark status to the owner(s)and occupants of the Ashcraft-Garren home. The Commission shall also file a copy of this Ordinance,and any subsequent amendments hereto,in the office of the Register of Deeds for Union County,and provide a copy of such recorded document to the City of Monroe Department of Planning and Development. This Ordinance shall become effective on the date of its adoption. Adopted this 5th day of March,2019. Mayor Pro Tern Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore City Council Regular Meeting March 5,2019 Page 174 NAYS: None Cir Item No. 20. Zoning Map Amendment Request to Rezone Property Located near Intersection of North Charlotte Avenue and Dickerson Boulevard from Conditional District "Dickerson Boulevard Residential" to Conditional District "Fraser Court" and Text Amendment Request to Amend Code of Ordinances—Title XV: Land Usage, Chapter 156: Zoning Code, Section 156.106 titled "Official Zoning Map" and Section 156.98 titled "Conditional Districts Established." A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Planner Keri Mendler advised that this was a zoning map and text amendment by Tartan Residential for approximately 12.9 acres located along N. Charlotte Avenue and further identified as tax parcel # 09-264-023B. Ms. Mendler advised that this request was to rezone the property from Conditional District "Dickerson Boulevard Residential" to Conditional District "Fraser Court" in order to construct five three-story multi-family apartment buildings that would contain 24 units each for a total of 120 units. She advised that the units were a mix of two and three bedroom units and the density of the project was 9.3 units per acre. Ms. Mendler advised that the original Conditional District was approved in 2005 for 46 attached single-family homes. Insofar as area characteristics, Ms. Mendler advised that adjoining land uses included a retail shopping center, single-family residential homes, ConMet industrial plant and Bi-Lo shopping center. She advised that surrounding zoning districts included General Business, Residential Multi-Family, General Industry and Residential-Low Density. Ms. Mendler advised that the Ordinance required multi-family projects provide parking at a rate of one space per bedroom plus an additional half space per unit. In addition, she advised that the Ordinance required 360 spaces for this development. Ms. Mendler advised that the applicant was providing 306 spaces and Staff felt this number was adequate after researching what surrounding jurisdictions required and also took into consideration that this development was located in the City and close to shopping and jobs. She advised that the Ordinance also required two bicycle racks for every 20 spaces which would total 30 racks which was being provided and that each building would have at least six bicycle racks. Ms. Mendler advised that the project was required to provide at least 50% of open space per the Ordinance for multi-family projects which would equal 6.45 acres. She advised that the applicant was providing 6.47 acres of open space. Ms. Mendler advised that the Ordinance also required that multi-family complexes with more than 20 units provide 100 sq. ft. of recreation space per unit. She advised that the requirement for this project was 12,000 sq. ft. and the applicant would be providing 23,000 sq. ft. of recreation space that would be fenced in. Ms. Mendler advised that landscaping and screening would be provided for the site. She advised that the site would also have a Community Center, a fenced-in passive recreation center and a fenced-in dog park. Ms. Mendler advised that the Community Center would feature: onsite City Council Regular Meeting March 5,2019 Page 175 management; onsite maintenance; computer center; exercise room; multi-purpose room; laundry center; playground; and, gazebo with grills and picnic tables. tor With regard to density and dimensional standards, Ms. Mendler advised that the applicant was proposing to construct five apartment buildings. She advised that the applicant was proposing building setbacks of 15' from the back of the parking curb along Fraser Court. Ms. Mendler advised that a 50' setback was being provided along N. Charlotte Avenue as well as along the residential zoning. She advised that the density of the proposed 120 residential apartment complex was 9.3 units per acre. Ms. Mendler advised that the required building setback from N. Charlotte Avenue and Dickerson Boulevard was 50 ft. and there was also a 50 ft. perimeter buffer required for the project. She advised that all buildings meet the 50 ft. setback requirements. fir► Ms. Mendler advised that there was an existing private drive that ran through this property which was proposed to be named Fraser Court. Ms. Mendler advised that the road would remain private and would be maintained by the property owner. She advised that an escrow account would be set up at the time of closing and funds from this escrow account would be what funds any necessary repairs or replacements to the private road and parking areas. Ms. Mendler advised that the City would not have any street maintenance responsibilities within the development. Ms. Mendler advised that the developer was proposing to install sidewalk along one side of Fraser (11 Court from N. Charlotte Avenue to Dickerson Boulevard. She advised that sidewalk would be installed throughout the development to connect the buildings and parking areas as well as the amenity areas. Ms. Mendler advised that since the Planning Board Meeting, Staff had received additional information regarding a proposed project along N. Charlotte Avenue. She advised that the project included intersection improvements along N. Charlotte Avenue from Seymour Street to Dickerson Boulevard. Ms. Mendler advised that this was a funded project through NCDOT. Based on the traffic forecast and traffic analysis, she advised that the project would consist of a four-lane divided highway between NC 200 (Dickerson Boulevard/MLK Boulevard) and Seymour Street. She advised that the project also included sidewalk and bike lanes to a multi-use path along N. Charlotte Avenue. Ms. Mendler advised that the project would also include a left turn lane into the development;however, you could only exit the development by turning right onto N. Charlotte Avenue. She advised that the right-of-way acquisition for this project was proposed to start in the fall of 2020-2021 with construction starting in the summer of 2024. Ms. Mendler advised that funding as well as the project schedule could shift; therefore, the dates were subject to change. Ms. Mendler advised that the Ordinance required multi-family projects to provide a 50 ft. landscaped buffer in order to screen the project from adjoining land uses. She advised that the applicant had provided a landscape plan that included a mixture of large maturing deciduous trees, shrubs, and evergreen trees in order to satisfy the intent and spirit of the Ordinance. Ms. Mendler advised that the applicant was installing a six ft.tall privacy fence along the east and south property lines, as well as along the residential parcel on N. Charlotte Avenue to the west. She advised that the applicant had provided a streetscape buffer along N. Charlotte Avenue and intended to retain the existing trees and vegetation along N. Charlotte Avenue and along the eastern property line. City Council Regular Meeting March 5,2019 Page 176 Ms. Mendler advised that the developer was proposing the exterior building materials to include: fiber cement and cultured stone. She advised that the living space for the two-bedroom units was 952 sq. ft. and the three-bedroom units would have 1,189 sq. ft. of living space. Ms. Mendler advised that each unit featured two bathrooms and washer/dryer hookups and also had an outdoor patio with additional storage space off the patio. Ms. Mendler advised that the proposed multifamily project would be located within the Rocky River Elementary School district (75% of rated capacity), Monroe Middle School (77% of rated capacity) and Monroe High School (87% of rated capacity). With regard to public notification,Ms. Mendler advised that Staff had taken the following actions: applicant held a neighborhood meeting at the Hampton Inn on Roland Drive on December 13, 2018 with approximately five individuals in attendance; applicant filmed the meeting and put it on his website for those who were unable to attend; a rezoning notification sign was posted ten days prior to the public hearing; and, official rezoning notification letter was sent to the adjacent property owners located within 150 ft. ten days prior to the public hearing. Ms. Mendler advised that the Land Development Plan indicated that this property was located in the Community Corridor. She advised that the Community Corridor generally covered most of US 74 and areas adjacent to intersecting major streets. Ms. Mendler advised that the area served as a primary conduit to Downtown and the spine of the community with critical connections to (6•00.° major employers, the Charlotte-Monroe Executive Airport, the hospital and the Concord Avenue area. For this reason, Ms. Mendler advised that the area's design and performance was important to the entire community. She advised that the Community Corridor designation encouraged a more unified approach to improving the area's physical environment and economic viability. While linear due to its orientation on US 74, Ms. Mendler advised that the vision for the Community Corridor was for redevelopment to occur as nodes of activity (preferred with a mixture of uses). Ms. Mendler advised that this might be achieved by focusing more intense commercial/mixed-use nodes at key intersections with transitional uses between nodes and as a buffer to adjacent residential areas. She advised that the priority used in the Community Corridor included: multi- family residential; commercial;office;medical;civic industrial;and,mixed-use and that allowable density in this area was four to ten dwelling units per acre. Ms. Mendler advised that the Planning Board recommended approval of the rezoning with the condition that sidewalk be provided along Charlotte Avenue. She advised that since the Planning Board Meeting, Staff had received updated information regarding the improvements to be completed by NCDOT. Ms. Mendler advised that since the funded project included sidewalk or a multi-use path along N. Charlotte Avenue, Staff recommended approval without sidewalk being installed along N. Charlotte Avenue by the developer. She advised that if NCDOT elected not to do sidewalk, there was a note on the site plan that the developer would install the sidewalk. Council Member Anthony asked if any of the adjacent property owners located within 150 ft. of the property attended the neighborhood meeting. City Council Regular Meeting March 5,2019 Page 177 Ms. Mendler advised that one homeowner attended and the remaining in attendance were business owners/representatives in the area. Cor Council Member Anthony asked for the reaction of the persons in attendance at the meeting. Ms. Mendler advised that the business owners/representatives seemed excited and ready for a project of this nature. She advised that the homeowner expressed concerns with traffic, number of people in the area and potential crime. Council Member Anthony asked for the proposed construction date. Ms. Mendler stated that if approved, construction would be the summer of 2024. tor Mayor Kilgore asked if Staff had received any phone calls on the project. Other than having contact with the homeowner in attendance at the neighborhood meeting, Ms. Mendler advised that Staff had not received any additional phone calls. Council Member Anthony asked if Staff has received any letters in opposition. Ms. Mendler advised that Staff had not received any letters in opposition. (10° Mr. Jeff Carroll, applicant and President of Tartan Residential, stated that Fraser Court would consist of 120 apartment units, consisting of two and three-bedroom units. Mr. Carroll stated that the target market would be workforce housing. He stated that about 30% of all U.S. renters were considered "workforce housing" renters. Mr. Carroll stated that they earned more than 60% varying median income and typically earned less than 100% of varying median income. As such, he stated that they tended to live in 20, 30, 40-year old housing. Mr. Carroll stated that normally there was not any new construction that was being built for this market segment. He stated that this would have a development program that would be able to build new units for this segment. Mr. Carroll stated that the workforce housing would be financed with tax-exempt bond financing. He advised that tax-exempt financing required escrows to remain in place for 30 years and there would be a land use restriction that was filed that ensure that happened. Mr. Carroll stated that the escrows were administered through the State Housing Finance Agency. Mr. Carroll advised that the tax and bond financing also required them to set aside 10%of the units for mobility impaired persons. He advised that they normally tried to give priority to wounded warriors/veterans. Mr. Carroll stated that there had been discussions about the improvements on Charlotte Avenue. He stated that this had been an ongoing inquiry with NCDOT. Mr. Carroll advised that as of last month, Sean Epperson with NCDOT advised that they expected the right-of-way acquisitions to begin in 2019 and that construction would begin in 2021. He stated that as of today,NCDOT was advising it would be a couple of years after that. Mr. Carroll stated that in either event, Mr. Epperson had confirmed to them that this was a funded projected and it would happen. City Council Regular Meeting March 5,2019 Page 178 Council Member Anthony asked if the occupants would have 60% of median income. Mr. Carroll stated that the workforce housing market that they were targeting would be from 60% to 80% of varying median income. He stated that the dollar amount would be from $40,000 to $70,000 to live there. Mr. Carroll stated that the typical resident that would be living in those units would be earning between$50,000 and $60,000 a year. Mayor Kilgore asked Mr. Carroll if he owned the property or whether it was contingent upon approval of this project. Mr. Carroll stated that they had contracted to purchase and purchase of the property was contingent upon approval of the project. He advised that they already had their funding in place. Council Member McGee asked Mr. Carroll if he had spoken to the surrounding residents to ensure that the project would not be an issue. He stated that he understood that there were concerns about the height of the apartments infringing on the privacy of the existing homes in the area. Mr. Carroll stated that since September 2018, he had canvassed the area and knocked on every residential door at least two or three times. He advised that he had spoken to most of the residents in the area. Mr. Carroll stated that he had tried to take the concerns of the citizens into consideration. He stated that at the neighborhood meeting, he sent mailings to everyone within 500 ft. and went around knocking on doors to remind people about the meeting to encourage feedback. Mr. Carroll stated that they went out of their way to try to communicate what they were doing and even included local business owners. He stated that the business owner might not necessarily be the property owner as many of them were leasing the space they were in. Mr. Carroll stated that they wanted the people leasing spaces to know as well because this project impacted them as well. Mr. Carroll stated that they took both the public and Staff feedback into consideration and made a number of variations to their site and constructions plans to accommodate the concerns. Council Member McGee asked Mr. Carroll if he felt that the existing trees in the area added Cor adequate privacy and buffering with what was being proposed to be built. Mr. Carroll stated that along the front of Charlotte Highway was existing trees and they were going to leave as many of them as possible. He stated that those existing trees provided a dense buffer already. He stated that they would also be doing plantings and installing the required fencing as well. Mayor Kilgore asked Mr. Carroll what type of feedback he received when he canvassed the neighborhood. Mr. Carroll stated that from the local retail businesses,they seemed very happy. He stated that the feedback from the local residential neighbors seemed indifferent. Mr. Carroll stated that one individual was concerned about traffic along Charlotte Highway. He advised that they talked about City Council Regular Meeting March 5,2019 Page 179 the future widening of the road and the individual also expressed concerns to Staff about the issue of privacy as well. Mr. Carroll stated that they tried to accommodate the feedback into their plans. Council Member Holloway asked if approved, how many employees would be at the site after completion. Mr. Carroll stated that there would be two fulltime employees and two part-time employees on the site with about $600,000 a year in annual budget expenditures. Council Member Anthony asked what the responsibilities of the fulltime employees would be. Mr. Carroll stated that the responsibilities would be onsite management and maintenance of the property. He stated that there would be someone onsite all the time. Council Member Anthony asked if this meant someone would be onsite 24 hours. Mr. Carroll stated that someone would be there during business hours. He stated that many times, the managers do live onsite. Mr. Richard Rust stated that he had been in the automotive business for a while and, from a business owner's aspect, car count was really important. Mr. Rust stated that he was not a representative of the auto world in Monroe but,his business had been there since 1995. He stated (1.0' that as a representative of shop owners, he advised that they felt that the Bypass allowed individuals in the Marshville area to get to Matthews in 15 to 20 minutes thus taking some business off the boulevard and people away from Monroe. He stated that anything that could put more foot traffic or cars in the area was not necessarily a bad thing. Mr. Rust felt this project and other projects of this nature would be helpful to the area and not necessarily hurt the area. Ms. Dawn Hinkel stated that in addition to speaking for herself, she was also speaking on behalf of Gene Ferguson, Merle Ferguson and Dennis Threadgill who resided in the neighborhood which would be affected by this development. Ms. Hinkel stated that they were begging Council to deny the rezoning of this property. She stated that the reason for their plea for denial was that the project was almost triple the density of the property currently zoned. Ms. Hinkel stated that with the height of the units, it would be a huge encroachment, invasion and intrusion of their privacy, especially their backyards as the balconies and windows of the second and third story units would provide direct site into them. Ms. Hinkel stated that she could not stress this fact enough. Ms. Hinkel stated that the increased density would result in many people which would create a great deal of noise, traffic and crime. She stated that all of them had been in their homes for over 50 years and they had worked hard for a quiet neighborhood for retirement and certainly not an invasion of their privacy and peace of mind. Ms. Hinkel stated that she was aware of the traffic construction scheduled for 2024-2025. Ms.Hinkel stated that they,as affected neighbors,were not against the development of the property as it was currently zoned for a Conditional District containing 46 single-family attached units. She stated that the current zoning was already a big difference from the General Business. Ms. Hinkel City Council Regular Meeting March 5,2019 Page 180 stated that the current zoning was within the Community Corridor density, was not an encroachment of their privacy and was a better fit for their neighborhood. She stated that they were a diverse pot of business, industry,homes, worship and childcare and they took pride in their quiet neighborhood. Ms. Hinkel stated that the proposal to rezone to 120 three-story high rise apartment units would upset the balance and cause enormous frictions. She advised that planners had confirmed that this was the exact same property and as of June 2005,the City Council Minutes state that this was 11.029 acres meaning the zoning density would be four. Ms. Hinkel advised that the rezoning request would be over ten which was over the Community Corridor density. Ms. Hinkel stated that Monroe already had six large apartment complexes within a half a mile to 1.3 miles of their location. She stated that most might say the neighbors could just move. Ms. Hinkel stated that phrase was said with blinders on. She stated that they had lived in their homes for over 50 years and they were retired and on fixed incomes. Ms. Hinkel stated that she had spent her career as a public servant trying to make the community a better place. She stated that it would be financially impossible for them to be able to relocate and have the all brick homes that they had worked hard to have. Ms. Hinkel stated that this proposal would cause a negative impact on the value of their property and in the belief, would reduce the quality of their neighborhood. She stated that there were 31 apartments and 28 built in the City of Monroe and she did not feel there was a deficiency. Ms. Hinkel stated that there were many parcels available that might better fit this ill-fitted apartment complex in the middle of their single-story, single-family dwellings. Ms. Hinkel stated that Council was elected to represent their constituency and as part of this constituency, she and the other neighbors asked that Council vote against the rezoning to protect those directly,negatively affected by it. She stated that the citizens had entrusted Council to make decisions that would be in their best interest for quality neighborhoods,smart growth and not short- sided complexes to make money. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action —Resolution Approving Land Development Plan Compliance. Council Member Keziah moved to adopt Approval Resolution R-2019-03: RESOLUTION APPROVING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT"FRASER COURT" R-2019-03 WHEREAS,in accordance with the provisions of North Carolina General Statute 160A-383,the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional District "Fraser Court" further described below property is consistent with the adopted Land Development Plan and is a reasonable use and in the public interest for this property because the Land Development Plan indicates this property is located in the Community Corridor which allows multi-family developments.The proposed density is 9.3 units per acre which falls within the 4-10 units per acre allowed by the Land Development Plan. C City Council Regular Meeting March 5,2019 Page 181 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Approving Land Development Plan Compliance of the zoning map amendment for the tor portion of the property with Union County Tax Parcel Number: 09-264-023B. Adopted this 5th day of March,2019. Council Member Holloway seconded the motion, which failed with the following votes: AYES: Council Members Holloway, Keziah and McGee NAYS: Council Members Anthony, Jordan, Mayor Pro Tem Anderson and Mayor Kilgore C. Action — Resolution Denying Land Development Plan Compliance. Council Member Jordan moved to adopt Denial Resolution R-2019-03: RESOLUTION DENYING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT"FRASER COURT" R-2019-03 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional District"Fraser Court"further described below property is consistent with the adopted Land Development Plan. The Land Development Plan indicates this property is located in the Community Corridor which allows multi-family developments and the proposed density is 9.3 units per acre which Coe, falls within the 4-10 units per acre allowed by the Land Development Plan.The proposed project is not a reasonable use or in the public interest because of adjoining single family detached homes in the area. Based on this information,the conditions have changed which justify amending the Land Development Plan. As a result of this zoning map amendment request recommendation for denial, the Land Development Plan would be amended to reflect the land use modification. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Denying Land Development Plan Compliance of the zoning map amendment for the portion of the property with Union County Tax Parcel Number:09-264-023B. Adopted this 5th day of March,2019. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None D. Action —Zoning Map Amendment Denial. Council Member Jordan moved to deny the zoning map amendment request. Council Member Anthony seconded the motion, which passed unanimously with the following votes: (I, AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore City Council Regular Meeting March 5,2019 Page 182 NAYS: None Item No. 21. Zoning Map Amendment Request to Rezone Property Located at 410 N. John Street from Residential High Density (R-10) to Conditional District "Cupbearer Meal Center" and Text Amendment Request to Amend Code of Ordinances — Title XV: Land Usage,Chapter 156: Zoning Code,Section 156.106 titled"Official Zoning Map" and Section 156.98 titled "Conditional Districts Established." A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Senior Planner Doug Britt advised that this was a zoning map amendment request by William Massey to rezone the property located at 410 John Street from Residential-Single Family (R-10) fto Conditional District "Cupbearer Meal Center." it Mr. Britt advised that the applicant was requesting a Conditional District in order to utilize the existing structure as a catering/meal center for private schools, churches, Meals on Wheels and the homeless as well as using the facility for a meeting center. He advised that the property was zoned R-10 and had,in the past,been used as a church and a school/daycare. Mr. Britt advised that under the present zoning,the property could be utilized for educational,residential,or religious purposes. He advised that the building was originally built in 1930 and an addition was done in 2005. Mr. Britt advised that the applicant did not intend any improvements to the site. Mr. Britt advised that it was the recommendation of the Planning Board that Council approve Conditional District"Cupbearer Meal Center." Council Member Anthony asked if residents within 150 ft. were notified of the rezoning request. Mr. Britt advised that the adjoining land owners were notified, the property was posted and the applicant did speak to some of the property owners. He advised that he spoke with adjoining property owner that expressed concerns about when it was used for a school and if loitering would be an issue since people were going to be fed. Council Member Anthony asked if the intent was to have a restaurant. Mr. Britt advised that this was not a restaurant. He deferred the question to the applicant to provide more detail about the project. Council Member Jordan asked for the capacity of the building. Mr. Britt advised that he did not know the capacity of the building. Council Member Jordan inquired about parking at the site. Mr. Britt advised that there were about eight parking spaces in the back of the facility. Because of the limited parking, Mr. Britt advised that he suggested that the applicant contact Friendship Baptist Church to see if there could be shared parking. Mr. Britt advised that the applicant had City Council Regular Meeting March 5,2019 Page 183 secured a letter from the Pastor of Friendship Baptist giving them permission to use their parking lot if they needed additional space. Council Member Jordan asked if the applicant would have to abide by some of the same restrictions as a restaurant since there was going to be an opportunity for people to sit down and have a meal. Mr. Britt advised that the applicant would have to abide by the same restrictions. Council Member Jordan asked the applicant if he was operating in a similar facility anywhere now. Mr. Massey stated that he did catering and had a mobile food unit that he operated with. He stated that from the beginning when he just had a school, he worked with different ministries and prepared food. Mr. Massey stated that he had a commercial kitchen and he used this facility to do �Ir different things to help feed people. Mr. Massey stated that one of the big things they ran into with the City was that they could not be a restaurant. He stated that this was not a restaurant but rather a meal center and they held meetings in the facility but it was not a restaurant. Mr. Massey stated that the site was also used as a commissary for their mobile food unit. Council Member Jordan asked why it was necessary to make this request. (hir•e' Mr. Massey stated that he collaborated with his church and moved the school to the church. He stated that this would help reduce their expenses as a whole. Mr. Massey stated that he catered, was licensed to cater and was covered under a restaurant already. He stated that if he had his own commissary he could cover himself. Council Member Anthony asked if this was going to basically be for food prep and if he had an intent to help feed the homeless. Mr. Massey stated that he always worked to feed the homeless. Council Member Anthony asked how many people the building would accommodate. Mr. Massey stated that the Fire Department had already inspected the building and he felt that they would be able to accommodate 50 to 60 people. He advised that he had provided Staff with a letter from Friendship Baptist Church granting permission to use their parking spaces, if needed. Council Member Jordan asked for the hours of operation. Mr. Massey stated that that this was not an everyday thing but more so two to three times a week. Council Member Jordan asked if hours of operation would be late at night where it would interfere with the peace and quiet of the residents. Mr. Massey advised that there would not be late hours. City Council Regular Meeting March 5,2019 Page 184 Council Member Jordan stated that since he was working with the church already,he was sure that Mr. Massey would coordinate with the church's calendar. Mr. Massey advised that the lines of communication had always been open with the church. Ms. Rosa Lee Little stated that she had property next to this project. Ms. Little stated that she thought the program was mostly for serving the homeless and expressed concern that if a lot of homeless people were coming to eat at this facility, this could present potential squatters. She advised that she had been a victim of a squatter before and did not want to be exposed to this risk again. Ms. Little questioned if there were enough restrooms provided in the facility and if the program could be limited to the elderly. She felt that a program serving the homeless would be more beneficial if located near the Homeless Shelter. Ms. Little asked if there would be any other activities offered at the site. Council Member Anthony requested that Mr. Massey address some of the concerns mentioned by Ms. Little. Mr. Massey advised that there were three restrooms in the facility. He had advised that the Cupbearer program went back to the scripture when David talked about wanting some water. Mr. Massey shared that when David wanted some water, he had a soldier that went out and he went through everything in the battlefield to bring David back some water. He advised that when the soldier brought back the water, David poured it out as an offering. Mr. Massey stated that the heart as a cupbearer was to serve people with dignity and to give others their best and not give half service but rather the fullest service as an offering. He stated that they served people at 100%. Mr. Massey stated that they serve people from every walk of life and their heart was to serve whoever was in need. He stated that there were senior citizens who could not get out and Cupbearer worked with the Department of Social Services to identify those elderly to take meals to their homes. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action — Resolution Approving Land Development Plan Compliance. Council Member Anthony moved to adopt Resolution R-2019-09: RESOLUTION APPROVING LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT"CUPBEARER MEAL CENTER" R-2019-09 WHEREAS, in accordance with the provisions of North Carolina General Statute 160A-383, the City Council does hereby find and determine that the adoption of the zoning map amendment for Conditional District"Cupbearer Meal Center" further described below property is consistent with the adopted Land Development Plan. The Land Development Plan identifies this area as Traditional Development,and nonresidential uses would be allowed under this classification. The proposed use is a reasonable use and in the public interest based on current zoning and projected land uses in the area. City Council Regular Meeting March 5,2019 Page 185 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monroe adopts the Resolution Approving Land Development Plan Compliance of the zoning map amendment for property with Union County Tax Parcel Number: 09-228-136. Adopted this 5th day of March,2019. Council Member McGee seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None C, C. Action—Ordinance Amending Code of Ordinances—Chapter: 156,Section 156:106 titled "Official Zoning Map." Council Member McGee moved to adopt Ordinance 0-2019-10: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-10 Preamble (1111001 Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes,as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156 ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Section 1. Amend§156.106 OFFICIAL ZONING MAP as follows: Rezone the property located at 410 John Street (Parcel# 09-228-136). The request is to tor rezone the property from R-10 (Residential-single family) to Conditional District "Cupbearer Meal Center." Section 2. This Ordinance shall be effective upon adoption. Adopted this 5th day of March,2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, C NAYS: McGee, Mayor Pro Tern Anderson and Mayor Kilgore None City Council Regular Meeting March 5,2019 Page 186 D. Action—Ordinance Amending Code of Ordinances—Chapter: 156,Section 156:98 titled "Conditional Districts Established." Council Member Anthony moved to adopt Ordinance 0- 2019-11: ORDINANCE TO AMEND CITY OF MONROE CODE OF ORDINANCES TITLE XV: LAND USES CHAPTER 156: ZONING CODE 0-2019-11 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes,as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156 ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: Section 1. Amend§156.98 CONDITIONAL DISTRICTS ESTABLISHED as follows: Conditional District(CD)"Cupbearer Meal Center." (isoe Section 2. This Ordinance shall be effective upon adoption. Adopted this 5th day of March,2019. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No.22. Water and Sewer Service Request by Apprentice Academy High School. Water Resources Director Russ Colbath advised that Staff had received a request from the developers of the proposed Apprentice Academy Charter High School to be located at 2505 Weddington Road to provide City water and sewer service and a related annexation consideration. Mr. Colbath advised that the desire was to open the doors in August 2019 and, due to time constraints on the school, the building permit process was underway through Union County. He advised that the erosion control permit was underway and close to issuance through the North Carolina Department of Environmental Quality. Mr. Colbath advised that building construction and inspection would fall under Union County purview if the project moved forward. Regarding City service to the proposed school,Mr. Colbath advised that the City had a water main on Weddington Road that could provide service to this property. He advised that sewer service would require a sewer extension of approximately 4,500 ft. Based on the City's Sewer Master City Council Regular Meeting March 5,2019 Page 187 Plan,Mr.Colbath advised that Staff would require the first 1,900 ft.of the sewer main to be upsized from an 8-inch to a 15-inch size to serve potential future development in the topographic basin primarily to the west reaching all the way to Rocky River Road. Mr. Colbath advised that the City had not historically participated in the cost to oversize development driven sewer main extensions but rather offered an Infrastructure Agreement (as specified in our Water and Sewer Extension Policy) to allow developers to potentially recoup portions of the sewer main costs. He advised that this had been successful with previous projects in Monroe. Mr. Colbath advised that Staff was evaluating changes in capacity fee legislation for any new requirements regarding oversizing sewer mains and/or cost participation. Mr. Colbath advised that the following easements were anticipated and it would be the responsibility of the developer and the school to secure the easements and pay all related costs: Parcel# Total Owner Address Approx. Area Easement (Ac) Area (Ac) 09316002 90 107.5 Charles Howard and Martha 924 Ashley Glen Drive 1.8 Land Winston Salem,NC 27104 09316002 80 09316002E 26.8 Frank Alexander Howard 2506 Weddington Road 0.9 Monroe,NC 28110 09316002A 5.1 Frank A and Sherry P Howard 2506 Weddington Road 0.4 Monroe,NC 28110 Mr. Colbath advised that Staff had three alternatives for water and sewer service to this property. He advised that the first would be to serve the City as an inside customer with subsequent annexation. Mr. Colbath advised that the developers of the school had submitted a letter of intent to annex into the City. He advised that the Water Resources Department surveyed various City departments and received the following information: Department Comment(s) Energy Services Would serve gas to the project,but outside electric service territory Fire No major cost impact to their operations if the proposed school were annexed by the City Planning The future land use of this area is suburban and the use proposed is consistent with the projected land use. In order to meet the time frame established for the opening of the school,Planning Staff concurs with the condition that the school project be permitted,constructed and a Certificate of Occupancy issued under Union County prior to annexation into the City of Monroe. Planning Staff would be in favor of the annexation if requested. Police Using Union Academy as a baseline and dividing their student count by calls for service and incident reports, the proposed Apprentice Academy is projected to have around 60 calls for service and 15-20 incident reports per year. Weddington Road in front of the school would have an increase in traffic and accidents due to an increase in congestion. Assuming this location would require a full time School Resource Officer,the overall impact of the Monroe Police Department would be City Council Regular Meeting March 5,2019 Page 188 one additional Officer and an increased response time for accidents if this school was annexed into the City of Monroe. Solid Waste No major cost impact to their operations if the proposed school were annexed by the City Stormwater No major cost impact to their operations if the proposed school were annexed by the City Mr. Colbath advised that Staff presented this matter to the Public Enterprise Committee on February 19, 2019. He advised that the Committee voted to support serving water and sewer to the proposed school with subsequent annexation into the City. Mr. Colbath advised that it was interesting to note that based on the project and how it was being developed, it might generate property tax revenue to the City depending on the lease configuration for the facility. He advised that this information was still being developed with the developer. Mr. Colbath advised that the second alternative was to serve the proposed school as an outside City customer. He advised that pursuant to City policy, outside City service requests require City Council approval. Mr.Colbath advised that per the City's Water and Sewer Agreement with Union County, approval by the Union County Board of Commissioners was also required. He advised that the Union County Board of Commissioners did approve the request at their February 18,2019 Meeting to help expedite the school schedule. Mr. Colbath advised that the third options would be to elect not to serve the proposed school. C., Based on all considerations, Mr. Colbath advised that it was the recommendation of the Public Enterprise Committee and Staff that Council approve providing inside City water and sewer service to the proposed Apprentice Academy High School based on the schedule submitted and contingent upon the property owner and their successor petitioning for voluntary annexation into the City, and the City annexing the property containing the proposed Apprentice Academy High School into the City. Mr. Colbath advised that the school had submitted a letter of intent and they were working on their petition which would include a preliminary plat. He advised that Staff had been working closely with the Planning Department to see how this could work. Mr. Colbath advised that what Staff was envisioning was that the application would probably be received within the next week or two. He advised that the building would occur under Union County permit authority and after the Certificate of Occupancy was issued (projected for August 2019), immediately after that there would be the process of calling for a public hearing for the annexation. Council Member Keziah moved to approve providing inside City water and sewer service to the proposed Apprentice Academy High School based on the schedule submitted and contingent upon the property owner and their successor petitioning for voluntary annexation into the City, and the City annexing the property containing the proposed Apprentice Academy High School into the City. Mayor Pro Tem Anderson seconded the motion. Council Member McGee stated that he would like the developer to share information about the school, what it planned to bring to the community, how it differed from current programs offered by Union County Public Schools. City Council Regular Meeting March 5,2019 Page 189 Mr. Scott Brand advised that the school had been organized by a local group in North Carolina. Mr. Brand stated that this was an apprentice academy that would provide an opportunity for students who wanted to graduate high school with the workforce ready skills needed for in- demand. He advised that Apprentice Academy High School would provide students with a career and technology-focused education that prepared them for post-high school employment and delivered the academic rigor necessary for college success. Council Member Anthony asked if students from Monroe could attend the academy. Mr. Brand advised that a student from anywhere in Union County could attend the academy. Council Member McGee asked how this program would differ from the Career Readiness Program offered by Union County Public Schools (UCPS). Mr. Brand stated that he was not fully familiar with that program. Council Member McGee stated that it was a pre-apprenticeship program offered by UCPS in partnership with South Piedmont Community College (SPCC). Mr. Brand stated that students at Apprentice Academy High School would also be able to take courses at SPCC. He stated that this could be similar to the Career Readiness Program offered by UCPS. Council Member McGee asked if this would be a charter school or a magnet school. Mr. Brand stated that this would be a charter school. Council Member McGee asked if the school would be getting funds from the state. Mr. Brand advised that Apprentice Academy High School would get funds from the state and the school would be free to the students that are accepted in the program. The motion passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 23. Recommendations of Appointments/Reappointments to Committees. Council Member/Citizens Appointment Committee Member Holloway advised that the Citizens Appointment Committee met on March 4, 2019 and recommended the following appointments/reappointments to various Committees: Committees Action Effective Date Term Date to Expire Charlotte-Monroe Executive Rescind appointment of Gary 01-01-2019 12-31-2021 Airport Commission Wilfong due to residency requirement City Council Regular Meeting March 5,2019 Page 190 Downtown Advisory Board Appoint Kay Klaren to Full Term 01-01-2019 12-31-2021 Member to replace William Heisner Downtown Advisory Board Appoint Jason Walle to Full Term 01-01-2019 12-31-2021 Member to replace Joyce Rentschler Parks and Recreation Appoint Tiffany Wilson to Full Term 01-01-2019 12-31-2021 Commission Member to replace Tonya Byrum Planning Board Appoint Michael McCarver to Full 01-01-2019 12-31-2023 Term as Alternate Member to replace Richard Yercheck Union County Historic Appoint Richard Ali to Full Term 01-01-2019 12-31-2022 s Preservation Commission Member to replace Dale Loberger Council Member Holloway moved to approve the appointments/reappointments as outlined above. Council Member Anthony seconded the motion, which passed unanimously with the following fir+► votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None Item No. 24. Reconsideration of Vote for Sidewalk Waiver Request by Union Power Cooperative. Council Member Jordan moved to reconsider the vote for the sidewalk waiver request by Union Power Cooperative. Council Member McGee seconded the motion,which failed with the following votes: AYES: Council Members Anthony, Jordan, McGee, NAYS: Council Members Holloway, Keziah, Mayor Pro Tern Anderson and Mayor Kilgore Item No. 25. Resolution Supporting North Carolina's Current Public Alcoholic Beverage Control System. City Attorney Shah-Khan advised that at the request of Mayor Kilgore, Council was asked to consider a request from Steve Lowder, Chair of the Monroe Board of Alcoholic Beverage Control, for the City to adopt a Resolution supporting North Carolina's current public Alcoholic Beverage Control System and opposing the General Assembly's attempts to privatize the control system of selling liquor in North Carolina. City Attorney Shah-Khan advised that as part of the City's Legislative Agenda, the City adopted the following goal from the North Carolina League of Municipalities' Advocacy Goals: Support a system of spirituous liquor sales that maintains a local referendum about the decision to sell, preserves local control over the location and density of outlets, and preserves the local revenue stream. He advised that the goal did not take a position on privatization of the control system for liquor sales in North Carolina. City Attorney Shah-Khan advised that the League had made it clear to City Staff that at this time, it was also not taking a position on privatization. He advised that there was also no bill pending in the General Assembly that called for privatization. (kiw However, City Attorney Shah-Khan advised that local alcohol beverage control boards were concerned about the possibility of privatization and mandatory mergers of ABC Boards. He City Council Regular Meeting March 5,2019 Page 191 advised that if privatization became an option, it was unknown what fiscal impact any moved toward privatization would have on the City. tor City Attorney Shah-Khan advised that in Fiscal Year 2018,the State ABC Commission distributed $80,345,396 to municipalities and counties. He advised that the City of Monroe received$232,500 in revenue from ABC sales in Fiscal Year 2018, and the City had budgeted to receive$170,000 in Fiscal Year 2019. City Attorney Shah-Khan reiterated that changes in the control system might or might not have an impact on the funds the City was expected to receive. However, he advised that there was no bill currently trying to privatize the ABC system. City Attorney Shah-Khan advised that over the last ten years, the General Assembly looked at ways to modernize the way North Carolina distributed and sold liquor in the State. He advised C that North Carolina was one of 17 states that were "control" states where the states had direct control of the distribution and sale of liquor. City Attorney Shah-Khan stated that as part of the continued review, in 2018, the General Assembly's Joint Legislative Program Evaluation Oversight Committee directed the Program Evaluation Division (PED) to look at whether the North Carolina Alcohol Beverage Control System needed to be further modernized and what other systems might be appropriate in North Carolina. He advised that on February 11, 2019, the PED issued its final report, and made the following series of recommendations: mandatory merger of ABC Systems in a county if there are two or more systems in the County; repeal the need for Purchase-Transportation Permits when someone wants to buy and take more than 8 liters of wine or liquor(2.11 gallons)and less than 100 liters(26.39 gallons);require the State ABC Commission (60." to work toward selecting an independent contractor to operate the ABC warehouse for receipt, storage, and distribution of liquor; allow special orders of less than a full case of liquor not on the State ABC approved list for a fee; allow local ABC Boards to charge a delivery fee for liquor delivered to a business that has a permit to serve mixed beverages; allow local governments the option to open their ABC stores on Sundays;and,allow ABC stores to have in-store liquor tastings. He advised that the report did not recommend privatization. City Attorney Shah-Khan advised that on February 19, 2019, House Bill 91 (titled "ABC Laws Modernization/PED Study") was filed (Senate Bill 87, which was identical, was filed the next day). He advised that House Bill 91 (HB 91) directed that the seven recommendations from the PED be put into place. City Attorney Shah-Khan advised that the recommendation that posed a concern to the Monroe Board was the mandatory consolidation of ABC Boards (which would affect Monroe's Board). City Attorney Shah-Khan advised that the bill did not call for privatization. City Attorney Shah-Khan advised that the bill did not have a fiscal note that would suggest what the financial impact would be on any local government and,the current bill did not suggest if there would be changes in revenue distribution to cities or counties. City Attorney Shah-Khan stated that while privatization was not on the table, it was clear that it was an issue of concern for the Monroe Board of Alcoholic Beverage Control. City Attorney Shah-Khan advised that if Council was also concerned about privatization and potential mandatory consolidation, it might wish to adopt a Resolution of support. However, if City Council Regular Meeting March 5,2019 Page 192 Council believed that consolidation (which is part of HB 91) and privatization (which might not be on the agenda yet)may not present a concern, he advised that Council might wish to reject the tir request to adopt a Resolution of support. Council Member Keziah moved to adopt Resolution R-2019-11: RESOLUTION SUPPORTING CURRENT ABC CONTROL SYSTEM FOR SALE OF LIQUOR R-2019-11 WHEREAS, the citizens of the City of Monroe voted to permit the sale of liquor through the establishment of an ABC Board, which is a part of the North Carolina's control system for the sale of spirituous liquors; tor WHEREAS,North Carolina is a"control"state and private retail liquor stores are prohibited; WHEREAS, the General Assembly's nonpartisan Program Evaluation Division (PED) was directed to examine whether other systems for alcohol beverage control, including privatized systems, are appropriate for North Carolina,specially to include the State of Washington,which recently changed its beverage control system from state government control of wholesale and retail control of spirituous liquor to a licensure model; WHEREAS, the PED Report, "Changing How North Carolina Controls Liquor Sales Has Operational, Regulatory, and Financial Ramifications," released on February 11, 2019, (1) did not recommend privatization, (2) found that among the southeastern states, NC collects the most revenue per gallon, has the lowest outlet density and has the second lowest per capita consumption; and(3)the PED expects retail liquor consumption to increase by 20%with privatization; WHEREAS,for the Fiscal Year ending June 30,2018,local ABC boards distributed$430,635,861: County-City Distributions $80 million; State General Fund $323 million; Local Alcohol Education/Treatment $13 million; Local Law Enforcement $8.8 million; Rehabilitation Services $5 million;Operation of ABC Commission/Warehouse$17.7 million; WHEREAS, North Carolina is unique as it allows communities to vote to establish local ABC boards for the sale of liquor in their communities, with liquor profits distributed back to those communities,thereby reducing the need to increase local property taxes; WHEREAS, the citizens of the City of Monroe, in voting to permit the operation of ABC stores, did not vote to allow spirits to be sold in private retail liquor stores and did not vote to allow spirits to be sold retail outlets where beer and wine are sold; WHEREAS,no State funds are spent to distribute or sell liquor as the state and local operation of the ABC system is receipt supported; WHEREAS, of the 50 states, North Carolina ranks 44th lowest in consumption per capita and 7th highest in revenue per capita and North Carolina's ABC system accomplishes both revenue and public health,welfare and safety objectives; WHEREAS, when Washington State privatized its liquor system the number of retail outlets increased from 328 to over 1400,hours of sale/week increased from 73 to 140 hours,and Washington State received only$30.75 million from auctioning off the rights to apply for retail spirits permits at 167 stores; City Council Regular Meeting March 5,2019 Page 193 WHEREAS, privatization will result in a marked increase in the number of outlets, longer hours of sale, greater advertising and more promotion and significantly more consumption; and the 9,000 outlets in North Carolina that sell beer/wine off-premises could be permitted to sell liquor in a privatized system; WHEREAS, the City of Monroe is opposed to any forced mergers as are proposed by House Bill 91/Senate Bill 87 titled ABC Laws Modernization/PED Study; WHEREAS,local revenue from ABC stores operations is important to the City of Monroe; WHEREAS, local control over the sale of liquor is an important function. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF tiv MONROE that the City of Monroe desires to retain North Carolina's current control system for the sale of liquor and believes that privatization of liquor will lead to many adverse effects. Adopted this 5th day of March,2019. Mayor Pro Tern Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore Ce" NAYS: None Item No. 26. Public Comment Period. A. Michele King. Ms.Michele King addressed Council regarding information she received about CSX closing the yard and demolishing the depot. Ms. King advised that she had previously shared this information with City Staff. She felt that this was an important site for Monroe and asked Council to confirm whether or not the information of the closing and demolition was accurate. Ms. King requested that if the information was true, that the information be made available to the public within a reasonable period of time on its efforts to preserve this place in history. Mayor Kilgore requested that Staff look into the concerns shared by Ms. King. Item No. 27. Closed Session Pursuant to North Carolina General Statute Sections 4143- 318.11(a)(1) and (a)(3) Eastwood Construction, LLC and Eastwood Construction, LLC d/b/a Eastwood Homes v. City of Monroe. Council Member Anthony moved to go into Closed Session pursuant North Carolina General Statute Sections 143-318.11 (a)(1), (a)(3) and (a)(6) to prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes, to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, to consider and give instructions to an attorney concerning the handling or settlement of a claim,judicial action, mediation, arbitration, or administrative procedure, specifically in the case of Eastwood Construction, LLC and Eastwood Construction, LLC d/b/a Eastwood Homes versus City of Monroe, and to consider the qualifications, competence, performance, character, fitness of, or to City Council Regular Meeting March 5,2019 Page 194 hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. Council Member Holloway seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None Upon return from Closed Session, Council Member Keziah moved to return to Regular Session. Mayor Pro Tem Anderson seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tern Anderson and Mayor Kilgore NAYS: None There being no further business, Council Member Keziah moved to adjourn the City Council Regular Meeting of March 5, 2019 at 8:12 p.m. Council Member Anthony seconded the motion, which passed unanimously with the following votes: AYES: Council Members Anthony, Holloway, Jordan, Keziah, McGee, Mayor Pro Tem Anderson and Mayor Kilgore NAYS: None obby G. 'l tore, Mayor Attest: OF i - .:• a• • L: 4 M O Bri to H. Robinson, City Clerk GN .{, O� 18 . ; 44 Covz : r • ��� v t >�t '`y C ARO . City Council Regular Meeting March 5,2019 Page 195