2005 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA WORK SESSION JANUARY 3, 2005 FAYETTEVILLE CITY COUNCIL WORK SESSION LAFAYETTE ROOM, CITY HALL JANUARY 3, 2005 6:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Paul Williams (District 6); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Absent: Council Members Lois Kirby (District 5); Curtis Worthy (District 7) Staff Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Kyle Sonnenberg, Assistant City Manager Doug Hewitt, Strategic Initiatives and Corporate Communications Director Robert Barefoot, Chief Operating Officer for Engineering and Maintenance Lisa Smith, Chief Financial Officer Jimmy Teal, Chief Planning Officer Victor Sharpe, Community Development Director Jason Brady, Public Information Officer Janet C. Jones, City Clerk Others Present: Menno Pennink Suzanne Pennink Eric Lindstrom Ralph Huff Tommy Bradford Mark Stout Marshal Isler Jim Baker David Mauer Members of the Press The meeting was called to order by Mayor Pitts. He stated the work session was for information gathering only and no final decisions would be made on any items. City Manager Roger Stancil stated that Item 1.A, Capitol Projects, had been removed from the agenda. 1. Presentation of proposals for downtown projects by Downtown Development Corporation. Mr. Marshal Isler, Executive Vice President of the Downtown Development Corporation, gave an overview of the process used by the DDC to develop proposals for public-private partnerships. He stated the proposals being presented had been publicly solicited through a formal Request for Proposal (RFP) process, evaluated based on specific criteria delineated in the RFP, and negotiated to reach a reasonable and fair balance of economic risks and rewards while satisfying the economic development objectives of the City’s Renaissance Plan. Mr. Isler reported that a broad range of downtown stakeholders had reviewed this recommendation as well as the DDC’s Development Advisory Committee, which consisted of the chairpersons and senior staff persons from six City commissions and the Arts Council. Mr. Isler stated these projects would have major impacts on the downtown economic revitalization efforts and the return of benefits would justify the public investment and associated risks. A. Capitol Projects This item was removed from the agenda by the City Manager. B. Hay Street, 300 Block Project Mr. Menno Pennink, Ms. Suzanne Barlow Pennink, and Mr. David Stout presented the Response to Request for Proposals submitted by 300 Block Investors, LLC. The proposal is summarized as follows: This proposed project is a $13.9 million, mixed-use development consisting of about 8,800 square feet of retail space and 48 residential units with associated private parking. It will be located in the 300 block of Hay Street. The site consists of land presently owned by the City and several existing structures under option by the developer. The project is divided into three phases consisting of a three-four story building on Hay Street with retail condominiums on the first floor and 24 residential condominiums on the upper floors, ten town homes along Ray Avenue, and a 14-unit residential condominium structure on Franklin Street. The proposed developer is The 300 Block Investors, LLC, consisting of local developers Dr. Menno Pennink, Mark Stout, Ralph Huff, Tommy Bradford, and Suzanne Pennink. They will contribute $1 million of equity in the construction financing. One of the partners will be the general contractor for which he will receive a fee of 4 percent in addition to his share of the developer fee. Another partner will be the sales broker and will receive the normal and customary 6 percent fee. For this deal the City is being asked to contribute $2,749,902.00 consisting of $2,374,902.00 in cash and land estimated to be valued at $375,000.00. These funds would go into the project in the form of a loan pro rata with the bank construction loan, and the City will release its lien interest upon sale of the units. This lien would give the City the right to take over the project if not completed within the agreed upon development schedule or any other performance default by the developer. As an alternative deal, the City Council could choose to approve only Phases 1 and 2, which would reduce the number of residential units from 48 to 34, the total project value from $13.9 million to $10.4 million, and the required City contribution from $2,749,902.00 to $2,269,027.00. The associated annual tax return to the City would also be reduced from $87,317.00 to $65,354.00. In addition, this alternative would produce 16 public parking spaces, which would be owned by the City. The developer has placed a value of $358,218.00 on this public parking lot based on the developer’s purchase price of the land. In addition to closing a major gap in the Hay Street streetscape, this project will establish about 32 retail jobs and create a significant residential market in downtown with an income level sufficient to support restaurants, specialty food, and other shops, as well as a grocery store. The residential flats are scheduled to sell for an average of $189,800.00 and the town homes about $276,000.00. In addition to creating a downtown upper-end market, these units will significantly increase property values and the downtown tax base. The projected initial annual tax revenue to the City is $87,317.00 or $65,354.00 (alternative), or a 3 percent return on its economic investment. A discussion was held regarding the need for final cost estimates of construction with contingencies, the loss of parking spaces and safety issues in the downtown area, and the commitment of the local banks to the project. Mayor Pitts inquired if the investors had the ability to make up the difference in money if the City could not commit to the requested dollar amount. Dr. Pennink replied the investors would be lost if there was not a reasonable amount of return. Mayor Pitts inquired what would happen if the City did not participate in the full amount which had been requested. Dr. Pennink stated if the City did not accept the project it would not be done. Discussion was held regarding the need for three parking decks in the downtown area. Mr. Isler stated this was to be a project of the DDC for next year and it was anticipated that funding could be obtained through the recently passed Amendment 1 process. Council Member Keefe stated the need for public parking would increase with seven new businesses and he felt the parking issue should be addressed in the proposal. Mayor Pitts asked the staff what was the potential impact of the request being made. Mr. Stancil stated the source of the requested funds would have to come from the fund balance. He said the City currently had healthy finances and it would be a matter of priorities. Ms. Lisa Smith, Chief Financial Officer, stated $2.4 million had been identified for capitol improvements but no decisions had been made regarding the projects to be funded. Mr. David Stout stated the timeframe for the need for a response was January 10, 2004, and their land option expired on February 24, 2004. C. Festival Park Plaza Project Mr. Marshal Isler, DDC, Mr. Jim Baker, The Lundy Group, Inc., and Mr. David Maurer, Maurer Architecture, presented the RFP for Festival Park Plaza. A summary of the presentation is as follows: This proposed project is a $5.8 million, 42,000 square foot mixed-use, three-story development consisting of about 14,000 square feet of retail space on the first floor and about 28,000 square feet of office space on the upper floors. It is located at the gateway of the Festival Park between its promenade and Ray Avenue. It is envisioned that the first floor restaurants and shops will extend and open on to the promenade, and thus linking the activities of the park with that of the building. The proposed developer is The Lundy Group from Raleigh who will be joined by Schoollink, Inc., a Fayetteville internet technology firm, as an investor and tenant in the project. They will contribute $400,000.00 of equity in the project. DDC will also have an ownership interest in the project as a mechanism to safeguard the long-term public interest in the project and to receive a share of profits. DDC will contribute the land as its equity contribution, which will be purchased from the City at the appraised value. Payments to the City will be made from the share of the project’s profits. All DDC income derived from this transaction will be reinvested into additional downtown economic development activity. In addition to this land sale, the City is being asked to provide 58 designated parking spaces and to enter into a lease arrangement with the owner. This lease will cover any gap between the net rents received and that which is required to pay the debt service on the permanent mortgage. Financing for a new office building in downtown is not possible without pre-leases sufficient to cover the debt service. At the present time, without any organized marketing effort, the project has strong tenant interest for 21,000 square feet. The developer is confident that the project will reach sufficient occupancy to cover debt service within the first year of operations. If these projections are correct, the City will have no financial exposure. If it takes two years for such lease-up, the projected City exposure would be $121,550.00. In order to mitigate some of this lease-up risk, the developer has budgeted a $175,000.00 lease-up reserve, and has agreed to seek an “operating deficit” loan on the land as may be needed for additional debt service payments. The City will also have the option to take over the project for nonperformance if this subsidy becomes unreasonably long term. During such subsidy periods, the owners will not receive any cash benefits from the project. On the other hand when the project reaches breakeven occupancy, the developer will seek permanent mortgage refinancing such that the City lease could be cancelled. This project is projected to create about 45 retail jobs as well as bring about 150 office workers to the downtown. With respect to economic return, the City will receive the value of the land plus about $20,000.00 per year in increased tax revenue. In addition, sales tax will be realized from the retail activity. Mr. Isler proposed a change in the ownership structure. He proposed the DDC purchase the land from the City for $400,000.00 with a loan being executed which would be repaid in ten years. This would give DDC one-third ownership and one-third of the profits. The DDC would in turn pay the City for the land with 60 percent of their profits going back to the City and all proceeds going into a fund for downtown development. Mr. Isler reviewed the safeguards that would be implemented to protect the City’s interests. A discussion was held regarding the amount of the monetary investment of The Lundy Group, whether there was a conflict of interest with Schoollink being an owner and tenant and member on the Advisory Committee, and the extent of the City’s financial exposure. Mr. Isler assured everyone there was no conflict of interest with Schoollink and he felt it was a good sign that a local business wanted to be a part of the project. After discussion the Council requested Mrs. McDonald to research the issue of selling the land to DDC and whether it would be beneficial or detrimental to the City. 2. Review of revised federal legislative agenda. Mr. Stancil reviewed the proposed federal agenda. He recommended approval. Council Member Haire inquired about the addition of storm water. Mr. Stancil stated he did not think funds could be obtained for this type project because a storm water fee was being charge and those funds had not been expended. Council Member Dawkins requested to add the Cape Fear River Development to the other items of interest list. The Council unanimously agreed with the recommendations. 3. Discussion of capital needs and strategies. This item was removed from the agenda. Mayor Pitts adjourned the meeting. The meeting adjourned at 8:45 p.m. JOINT SPECIAL MEETING WITH PUBLIC WORKS COMMISSION JANUARY 10, 2005 FAYETTEVILLE CITY COUNCIL AND PUBLIC WORKS COMMISSION JOINT SPECIAL MEETING LAFAYETTE ROOM, CITY HALL JANUARY 10, 2005 5:30 P.M. City Council Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) PWC Present: Commissioners Wilson A. Lacy, Chairman, Michael G. Lallier, Luis J. Olivera, Terri Union Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Robert Barefoot, Chief Officer for Engineering and Maintenance Steven K. Blanchard, General Manager, PWC James Rose, Support Services, PWC Mick Noland, Chief Operations Officer of Water Resources, PWC Sam Stryker, Chief Engineer, PWC Jason Brady, Public Information Officer Joan Starling, Administrative Assistant, PWC Janet C. Jones, City Clerk City and PWC Staff Members of the Press Mayor Pitts and Chairman Lacy called the meeting to order at 5:30 p.m. MOTION: Council Member Dawkins moved to approve the agenda. SECOND: Council Member Smith VOTE: UNANIMOUS MOTION: Commissioner Lallier moved to approve the agenda. SECOND: Commissioner Olivera VOTE: UNANIMOUS Mr. Steve Blanchard, PWC General Manager, referred everyone to notebooks which had been prepared for the Council by PWC. He explained the setup of the notebook. It was decided the questions submitted by PWC to the Council would be addressed individually. 1. PWC Questions: a. Is the Council agreeable to set regular meetings to discuss issues that could impact both organizations and withhold controversial public comments until that time? Mayor Pitts stated he believed all of the Council members would be agreeable to holding regular joint meetings, but whether a discussion item would be considered controversial would depend on the interpretation of each individual person. Council Member Haire requested the Council be informed of any PWC issues that impacted the City prior to any discussion being held in a meeting. b. PWC provides a considerable amount of information to the City in written form. Is there a better medium to provide that information and to whom should that information be sent? Council Member Keefe requested that a courtesy copy of any correspondence sent to Mr. Stancil by the Chairman or CEO be given to the Council members with the Commissioners receiving the same consideration from the other side. Mayor Pitts stated that to avoid the possibility of the Council or the Commission being uninformed, he would like for copies of anything of special interest which was sent to the City Manager or the City Attorney also be sent to the City Council members. Commissioner Lallier stated he was concerned that deciding what information was important could become a major task. Commissioner Union expressed her concern as to whether this would be the best way to distribute information. She suggested that a PWC board member could be appointed to work with a Council member for the purpose of answering their questions. Council Member Worthy stated the key was to get the information and adjustments could be made to the procedure at a later time. c. The City has a liaison to the PWC Board. Should this person be the center point for all communications between the City Council and PWC Commission? Should the PWC liaison make a report at City Council meetings on a periodic basis? A discussion was held and it was decided that a monthly written report would be done by PWC for submission to the City Council no later than the second Monday in each month in accordance with the Fayetteville City Charter. It was also decided that a PWC representative would be present at the meeting to answer questions and the report would be placed at the beginning of the agenda for the convenience of PWC’s staff. d. PWC holds a Commissioner orientation each year. Would City Council members like to participate in that orientation to learn how and why PWC operates as it does? The Council responded unanimously to participating in the orientation program. Mr. Blanchard encouraged the Council to review the PWC Guide which contained the policies, procedures, and philosophies of how things were done at PWC. Mr. Blanchard stated he felt the guide would answer some of the Council’s questions. e. Has not the City Council already met one of its strategic goals to investigate making PWC a City department after a Mayoral Committee recently considered that issue? (Final recommendations to City Council were accepted for PWC to continue to operate as it has in the past.) Why has the joint initiatives to investigate ways to reduce expenses for both the City and PWC been tied to “investigating making PWC a City department”? (Note: The joint initiatives are an outgrowth of the Mayoral Committee recommendations.) Commissioner Union reviewed the history of the Mayoral Committee on Electric Restructuring, which had been appointed by former Mayor Dawkins. She stated the Committee had a study done for the review and analysis of ownership structure options. The study had 11 ownership structure options, which were considered, with a recommendation that further evaluation be done on the options as set out under Tab 9 in the notebook. Commissioner Union reported that in January of 2003, the City Council made the decision it was not economically feasible to fund the next phase of the Committee’s quest for determining the future of the City’s public-owned utility at a cost of $98,000.00. Council Member Haire requested information on the merger of the City’s and PWC’s Fleet Maintenance Departments because he had heard the costs were extremely high. Mr. Blanchard referred the Council to the information under Tab 7 of the notebook. He stated the model being used for the implementation of this joint venture was the same one used by PWC and the City in several areas. Mr. Blanchard reported PWC had turned over its operation of the 800 MHz radio system to the City and it had been agreed that the City would give PWC the same or equivalent service it provided itself and in turn the PWC would pay the City a maintenance fee on a per radio basis. Mr. Blanchard stated PWC had outsourced their grounds maintenance because the internal cost had been too great to compete with outside contractors. The City had bid on providing this service to the Cross Creek Water Reclamation Facility on Eastern Boulevard and had won the bid. Mr. Blanchard stated the City Manager had referenced that this joint venture would require moving the solid waste operations to the campus, but would require the City to build a parking lot that would cost about $600,000.00. Mr. Blanchard reported that in James Rose’s memo to him, and according to the minutes, the present cost of relocation had been estimated at $255,566.24 and had included a stone covered parking lot, three office trailers, fencing and yard lighting. Mr. Blanchard said the premise for the joint services discussion had been based on it being cost effective to both parties and one side would not pay a higher cost. Mr. Blanchard stated that because PWC was an enterprise fund, there were regulations that had to be followed as set out in bond covenants, accounting standards, and Local Government Commission regulations. He explained that if PWC did work for the City beyond what was expected, it was considered a transfer of funds and vice versa if the City did work for the PWC and did not charge, it would be considered moving general fund monies into utility funds, and co-mingling of funds was not permitted. Mayor Pitts stated the larger issue was that there be a joint effort by the City and PWC to provide better services to the community and it was not about PWC becoming a City Department. He further stated it was all about the delivery and utilization of services between the two organizations. Mr. Pitts reminded everyone that this had also been a recommendation in the Mayoral Committee’s report. f. Would the City Council like a PWC Commissioner and/or PWC staff person to attend City Council Committee meetings that may on occasion discuss issues related to utility services? (e.g., Policy Committee, Development Committee, etc.) Council Member Keefe stated it would be nice if the Chairman of the Committees had information relating to PWC issues prior to the Committee meetings so discussion could be held and a decision could be made without having to bring the item back. Mayor Pitts stated it should be the responsibility of the Chairmen of the Council Committees to contact PWC when they were placing an item on their agenda that dealt with PWC. Mr. Stancil stated he would start sending Mr. Blanchard copies of the agendas of each of the Council Committees. g. Would the City Council like PWC to participate with them in joint City/County meetings where future utility services may become an issue? The Council’s reply was affirmative. Council Member Dawkins stated he felt the General Manager and the Commission should attend also. h. While a City Council member may contact the PWC General Manager directly on specific issues, would the Council members prefer to have a PWC Commissioner assigned to each of them as a point of contact on PWC matters? Commissioner Olivera stated the entire Commission was available to the Council if they had questions and he hoped they would feel free to contact any member at any time. Council Member Williams stated he had always contacted Mr. Blanchard’s office with questions and had always received 100 percent satisfaction. He stated if that did not happen, then the Commission could be contacted. Mayor Pitts stated the answer to the question regarding the assignment of a commissioner was no. Council Member Dawkins stated if a Council member contacted Mr. Blanchard, then the City Manager should be copied because it could be something the entire Council needed to be made aware of. 2. Council Concerns: a. Water/Sewer extension policies of PWC. Mayor Pitts stated he felt there needed to be clarification on the water and sewer extension policies. He cited examples of some of the concerns to include the difference in rates, the lack of City involvement in large county development projects, and the lack of PWC’s interest in the Phase V annexation while wanting involvement in other projects. i. Responsibilities of PWC with annexation agreements and petitions. Council Member Dawkins inquired if the City’s policy had been formally approved by the PWC. Mr. Blanchard reviewed the history of extension policies. He reported the Commission had made very few changes associated with the water and sewer extension policies except for revisions in 1998 and December 10, 2003. Mr. Blanchard explained that prior to 1998, extension of water and sewer to property adjacent to the City limits had required an owner to file to be annexed and this was still the current policy. Mr. Blanchard stated that in 1998 at the City’s request, a section had been added to require noncontiguous property within the Municipal Influence Area of Fayetteville to execute an annexation agreement, and on December 10, 2003, at the City’s request, the section had again been modified to require noncontiguous property within the area defined on the Fayetteville Municipal Study Area Map to file a petition to be annexed. Mr. Blanchard explained that the City controls annexation and once a petition for annexation has been filed, PWC then provides the services. He stated it did not matter to PWC whether the property was annexed or not because PWC provides water and sewer services. He stated the policy had not been before the Commission. Discussion was held regarding streetlights to include who was responsible for lighting in newly developed projects and who provided the power. Council Member Dawkins stated he was concerned about the actual process because the City was always being brought in on the tail end and a good example of that was the Grays Creek Project where the developer would be paying $300,000.00 rather than $600,000.00. He stated that if anyone outside the City wanted water and sewer, then the City needed to be involved in the negotiations. Chairman Lacy stated for the record that the developer would be paying the equivalent of $600,000.00 in the Grays Creek Area. Mr. Blanchard stated the issue from PWC’s perspective was not the way PWC did business, but the way business was done in Cumberland County. He stated the County issued permits with the paperwork following. Once the permits were issued, the projects were developed according to County standards. He stated the developer was required to petition for annexation to get water and sewer. Mr. Blanchard stated this was a City-County issue because PWC provided water and sewer and had no control over whether the property was going to be annexed by the City. Council Member Gonzalez stated this was a major City and County problem and PWC had been placed in the middle, and the problem needed to be addressed with the County and maybe a moratorium was the answer. Mayor Pitts stated there was still a communication problem between the City and PWC because the City was notified after the fact and that needed to be corrected. Council Member Worthy stated the major thrust was that PWC was an entity owned by the City and there was no reason for the City to be on the tail end. Mayor Pitts stated the City wanted to know when development was being done anywhere in Cumberland County and PWC needed to make that change because their decisions affected economic development in the County. Council Member Williams cautioned the Council against putting too many restrictions on the extension of water and sewer because the developers would begin to do something else and would develop their projects with septic systems rather than with City water and sewer. Council Member Dawkins stated that anything outside of the City of Fayetteville required the City to be involved from the start if the community was to be enhanced. b. Lawsuits. A discussion was held regarding the timeliness of the Council being apprised of litigation involving PWC. Mayor Pitts stated the City was involved because it was responsible for legal actions not PWC and the two legal staffs needed to be in communication. He also stated that lawsuits did not come out of the blue and the Council wanted to be informed of any legal issue that affected the City. Mr. Blanchard stated he would compose a list of the different types of claims filed against PWC for distribution to the Council. He requested the Council review the information provided and determine what information they wanted PWC to furnish in the future. Council Member Haire stated the City Attorney needed to be more involved in PWC legal matters. Commissioner Olivera stated there was a need to fill the gaps and everyone needed to work toward that goal. Discussion was held regarding the continuation of this meeting for the purpose of addressing the remaining issues. It was decided that Mr. Stancil and Mr. Blanchard would get together and set a date for continuation of the discussion. Mr. Blanchard stated he needed time to get together some of the information from his archive files to respond to the Council’s seven pages of questions. He stated that he could send a letter with references to the tab numbers within 30 days. The following items were tabled until a future meeting. c. Phase V annexation. d. Rates - inside and outside the City. e. Fleet Maintenance. f. Mutual employee benefits. g. Timetable for response to information request. MOTION: Council Member Worthy moved to adjourn the meeting. SECOND: Council Member Dawkins VOTE: UNANIMOUS Mayor Pitts adjourned the meeting at 6:55 p.m. REGULAR MEETING JANUARY 10, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JANUARY 10, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Kyle Sonnenberg, Assistant City Manager Doug Hewitt, Strategic Initiatives and Corporate Communications Director Lisa Smith, Chief Financial Officer Jimmy Teal, Chief Planning Officer Robert Barefoot, Chief Operating Officer for Engineering and Maintenance and Parks and Recreation Benny Nichols, Fire Chief Larry Clubine, Chair, Parks and Recreation Advisory Commission Jason Brady, Public Information Officer Janet C. Jones, City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Tom Hayes, Hope Mills, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. Council Member Gonzalez presented Reverend Hayes with a City pin. MAYOR’S ANNOUNCEMENTS: The Mayor and Council members reviewed the special events for the month of January 2005. Council Member Dawkins announced the memorial service for SGT Major Kenneth Hanna, killed during the Vietnam conflict and whose remains were returned to the United States in the mid-1990s, would be January 15, 2005. Mayor Pitts reviewed all of the City Council’s accomplishments during 2004. 1. APPROVAL OF AGENDA MOTION: Council Member Worthy moved to approve the agenda. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) 2. CONSENT: Council Member Keefe requested to pull Item 2.E. Council Member Gonzalez requested to pull Items 2.K. and 2.L. City Attorney Karen McDonald requested approval of the minutes of the December 14, 2004, special meeting with the addition of the room location and verification of the adjournment time. MOTION: Council Member Smith moved to approve the consent agenda with the exception of Items 2.E., 2.K., and 2.L. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) The following items were approved: A. Approve minutes: 1. December 8, 2004, special meeting. 2. December 13, 2004, joint meeting with County Commissioners and CCBC. 3. December 13, 2004, regular meeting. 4. December 14, 2004, special meeting. B. Approve the following financial matters: 1. Capital Project Ordinance Closeout 2005-1 (School Road Fire Station). This project ordinance was for the construction of the School Road Fire Station. All contracts have been completed and the financial activity has been audited. This ordinance would close the project and release any unencumbered revenues to be used for future projects. 2. Capital Project Ordinance Partial Closeout 2005-2 (Miscellaneous Street Improvements). This project ordinance was for the 2002 street resurfacing and improvements projects. All contracts have been completed and the financial activity has been audited. This ordinance would close the project and release any unencumbered revenues to be used for future projects. 3. Special Revenue Fund Project Ordinance 2005-4 (Governor's Highway Safety Program Aggressive Driving Grant). This project ordinance will establish the budget for the Aggressive Driving Grant awarded to the City of Fayetteville by the Governor's Highway Safety Program. The total project budget is $88,720.00, which consists of $63,365.00 provided by the Governor's Highway Safety Program and a general fund match in the amount of $25,355.00. The funds will be used to purchase two unmarked police vehicles and other equipment for the police department, officer training, and program advertising\marketing. 4. Special Revenue Fund Project Ordinance Partial Closeout 2005-1 (Federal Forfeiture and State Controlled Substance Tax Revenue Projects). This project ordinance was for various Police Department projects funded with Federal Forfeiture and North Carolina Controlled Substance Tax revenue. All contracts have been completed and the financial activity has been audited. This ordinance will close the project and release any unencumbered revenues to be used for future projects. 5. Budget Ordinance Amendment 2005-4 (Installment Payment Revenue Bonds, Series 2005 - Refunding Bonds). On November 8, 2004, City Council approved the resolution authorizing the City of Fayetteville Finance Corporation to issue Installment Payment Revenue Bonds to be used to defease a portion, $5,835,000.00, of the City's Installment Payment Revenue Bonds, Series 1996. The refunding bonds are associated with the Police Administration Building. Also included in the issuance are premium and an equity contribution totaling $571,322.00, a total issuance of $6,406,322.00. A budget ordinance is needed to reflect the receipt of these monies as well as record the partial defeasance of the Series 1996 Bonds. 6. Capital Project Ordinance 2005-5 (Installment Payment Revenue Bonds, Series 2005 - Westover Recreation Center and Festival Park). On November 8, 2004, City Council approved the resolution authorizing the City of Fayetteville Finance Corporation to issue Installment Payment Revenue Bonds to be used to finance the cost of the construction of the Westover Recreation Center and Festival Park. The revenues received from the issuance total $6,976,591.00, par amount of $6,605,000.00 and a premium of $371,591.00. A project ordinance is needed to reflect the receipt of these monies. C. Adopt resolution pursuant to N.C.G.S. 160A-58.2 fixing a date for a public hearing for a petition-initiated noncontiguous annexation area (King Property – Located on the southwest corner of Highway 24 and Downing Road). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED NONCONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 16OA-58.2 (KING'S PROPERTY - LOCATED ON THE SOUTHWEST CORNER OF HWY 24 AND DOWNING ROAD). RESOLUTION NO. R2005-001. D. Adopt resolution pursuant to N.C.G.S. 160A-31 fixing a date for a public hearing for a petition-initiated contiguous annexation area (Marcus Seals Property – Located on Gillespie Street, north of Cooper Street). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-31 (MARCUS SEALS PROPERTY - LOCATED ON GILLESPIE STREET, NORTH OF COOPER ROAD). RESOLUTION NO. R2005-002. E. Pulled for discussion by Council Member Keefe. F. Case No. P04-73F. Approve the initial zoning to C3 Commercial District or to a more restrictive zoning classification for an area located on Elizabethtown Road east of Gillespie Street. Containing 4.56 acres more or less and being the property of the Retired Military Association of North Carolina and Robert Vause as evidenced by map and legal description furnished by the City of Fayetteville and annexed by the City of Fayetteville on December 13, 2004. G. Case No. P04-74F. Approve the initial zoning to PND Planned Neighborhood District or to a more restrictive zoning classification for an area located at the north end of Thamesford Drive east of Hillard Drive. Containing 9.47 acres more or less and being the property of John Campbell Builders, Inc., Kamenbury Development Corporation and HCC Investments, LLC, as evidenced by map and legal description furnished by the City of Fayetteville and annexed by the City of Fayetteville on December 13, 2004. H. Case No. P04-75F. Approve the rezoning from R10 Residential District to R5A Residential District or to a more restrictive zoning classification for the property located at 3106 Turtle Point Drive. Containing 5.64 acres more or less and being the property of Jeffrey Keith Goldner, Trustee, as evidenced by deeds recorded in Deed Books 6372 and 3915, pages 354-359 and 744-749, respectively, Cumberland County Registry. I. Approve special permit for on-premise signs at Methodist College for their annual Loyalty Day activities in February. J. Approve special permit for off-premise signs for the annual Spring Craftsmen Festival in March. K. Pulled for discussion by Council Member Gonzalez. L. Pulled for discussion by Council Member Gonzalez. M. Authorize advertisement of offer to purchase a City-owned vacant lot on Wright Street for upset bids. N. Approve Federal Legislative Agenda. O. Set special work session meeting for January 18, 6:00 p.m., Lafayette Room, to continue discussion of proposed economic development projects and the City’s capital needs. E. Case No. P04-71F. Approve the rezoning from C3 Commercial District to C2 Commercial District or to a more restrictive zoning classification for the area bounded by Ray Avenue to the east, CSX rail line to the west, Prince Charles property to the west and Rowan Street to the north. Containing 21 acres more or less and being the property of the City of Fayetteville as evidenced by deeds recorded in Deed Books 5375 and 6331, pages 212 and 787 respectively, Cumberland County Registry. Council Member Keefe pulled this item for discussion. MOTION: Council Member Keefe moved to table this item until discussions were finished on the Festival Plaza building. SECOND: Council Member Gonzalez VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Smith) K. Approve annexation agreements for Hummingbird Place Subdivision and Baywood South Subdivision in consideration of receiving PWC services. Council Member Gonzalez pulled this item for discussion. She expressed her opposition to annexing Hummingbird Place Subdivision because the developer’s plan called for septic tanks instead of sewer lines. Council Member Williams questioned if the City could restrict water service to an area if PWC had already approved the request. City Attorney Karen McDonald responded that based upon City policy the Council was not obligated to provide water. City Manager Roger Stancil clarified that the developer had met PWC’s requirements to receive water service and would therefore be receiving water whether they were annexed or not, so in essence the City could not restrict service. MOTION: Council Member Gonzalez moved to refer the annexation agreement for Hummingbird Place Subdivision back to staff for discussion with developer regarding septic tanks and to approve the annexation agreement for Baywood South Subdivision. SECOND: Council Member Smith VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Keefe) L. Adopt resolution authorizing the sale of vacant land on Neville Street owned jointly with Cumberland County and the quitclaim of City’s interests in the property to the County for a pro-rated share of the proceeds of the sale. Council Member Gonzalez pulled this item for discussion. She questioned why the City was receiving one-half of the tax value for the property. Mr. Jimmy Teal, Chief Planning Officer, responded that the property had been received through foreclosure, and the amount that the City would receive was the bidded price. A RESOLUTION TO AUTHORIZE THE SALE OF VACANT LAND ON NEVILLE STREET OWNED JOINTLY WITH CUMBERLAND COUNTY AND TO QUITCLAIM THE CITY’S INTERESTS IN THE PROPERTY TO THE COUNTY FOR A PRO-RATED SHARE OF THE PROCEEDS OF THE SALE. RESOLUTION NO. R2005-003. MOTION: Council Member Worthy moved to approve the resolution. SECOND: Council Member Haire VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez) 3. PUBLIC HEARINGS: A. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated noncontiguous annexation area by Montibello Association Property (Located on the northern side of Cliffdale Road and east of Town Creek Drive). Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated a petition for annexation of the property had been made because the owners had requested PWC water and sewer. This is the advertised public hearing set for this date and time. The public hearing opened at 7:35 p.m. Mr. David B. Craig, Attorney, 806 Hay Street, Fayetteville, NC, spoke in favor of the annexation, adding that the owners wished to build affordable housing on this tract, and could not get federal funding unless they were within the City limits. Mr. Ted Mohn, 6961 Bone Creek Drive, Fayetteville, NC, spoke in opposition to rezoning. Mr. Mohn expressed concerns that no building plan had been presented and there were wetlands located on the property. He stated he was concerned a new street would cause problems at the intersection. Mr. Craig rebutted that the City’s standards would have to be met before anything could be constructed. There was no one further to speak and the public hearing closed at 8:45 p.m. Council Member Keefe requested information regarding the current County zoning. Mr. Teal responded that the City zoning would be R6; the same as it is in the County, so there would be no change in the zoning of the property. City Manager Roger Stancil pointed out to the Council that if the property was not annexed the owners could build according to the County’s standards, which were less strict than the City’s standards. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (MONTIBELLO ASSOCIATES PROPERTY - LOCATED ON THE NORTHERN SIDE OF CLIFFDALE ROAD, EAST OF TOWN CREEK DRIVE). ANNEXATION ORDINANCE NO. 2005-01-476. MOTION: Council Member Worthy moved to adopt the annexation ordinance with an effective date of January 10, 2005. SECOND: Council Member Williams VOTE: UNANIMOUS (10-0) B. Case No. P04-40F. Consider the rezoning from R6 Residential District to C3 Commercial District or to a more restrictive zoning classification for the property located on Filter Plant Road. Containing 1.39 acres more or less and being the property of the City of Fayetteville as evidenced by deed recorded in Deed Book 131, page 130, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal reviewed the current land use by showing site photographs and plats. He stated the property was owned by the City and would be used in the future to increase the PWC substation. Mr. Teal reported the Planning staff recommended rezoning to C3. Discussion ensued regarding zoning uses allowed under C3. Mr. Teal pointed out the City as the owner of the land controlled the uses. This is the advertised public hearing set for this date and time. There was no one present to speak and the public hearing opened and closed at 8:03 p.m. MOTION: Council Member Haire moved to leave the zoning R6. SECOND: Mayor Pro Tem Kirby VOTE: FAILED by a vote of 3 in favor (Council Members Kirby, Massey, and Haire) to 7 in opposition MOTION: Council Member Smith moved to allow rezoning from R6 to C3. SECOND: Council Member Gonzalez VOTE: PASSED by a vote of 8 in favor to 2 in opposition (Council Members Haire and Kirby) C. Case No. P04-65F. Consider the rezoning from C1P Commercial District to C3 Commercial District or to a more restrictive zoning classification for the property located at 5547 Yadkin Road. Containing 1 acre more or less and being the property of C & N Investments, LLC, as evidenced by deed recorded in Deed Book 2901, page 153, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal discussed the current zoning and land use and showed pictures and plats of the property. He stated C1 zoning would give more flexibility than C1P because of the setback requirements. He stated if the property owner wanted to replace the building he would be restricted in what he could do because of the setback area. Mr. Teal stated the Zoning Commission recommended rezoning to C1. This is the advertised public hearing set for this date and time. The public hearing opened at 8:10 p.m. Mr. Randy Nimocks, 2808 Skye Drive, Fayetteville, NC, property owner, stated he was agreeable to the C1 zoning. Mr. Al Rumbough, 2507 Spring Valley Road, Fayetteville, NC, stated he was no longer in opposition and did not wish to speak. There was no one further to speak and the public hearing closed at 8:11 p.m. MOTION: Council Member Keefe moved to rezone to C1 Commercial District. SECOND: Council Member Worthy VOTE: PASSED by a vote of 8 in favor to 2 in opposition (Council Members Williams and Gonzalez) D. Boone Trail Rezoning Cases: 1. Case No. P04-61F. Consider the rezoning from R10 Residential District to C1 Commercial District or to a more restrictive zoning classification for the property located at 3115 Boone Trail. Containing 0.46 acres more or less and being the property of Dollar Properties Ten, LLC, as evidenced by deed recorded in Deed Book 6637, page 605, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated his presentation would cover both this Case and Case No. P04-76F. Mr. Teal discussed the current land use, current zoning, and the 2010 Land Use Plan. He stated the applicant had requested C1 Commercial zoning, but the Zoning Commission had recommended P4. Council Member Gonzalez requested a review of the pictures of the area and noted that the property beyond these properties was all residential. Council Member Williams noted that the view from both properties was all businesses. Council Member Dawkins questioned what would be allowed in the P4 zoning. Mr. Teal reviewed the uses which would be allowed. This is the advertised public hearing set for this date and time. The public hearing opened at 8:20 p.m. Ms. Cindee Wolf, 1928 Vera Court, Wilmington, NC, spoke in favor of rezoning to C1 Commercial. Ms. Wolf represented the property owners of both properties. She stated that the tracts were no longer appropriate for residential habitation and requested that C1 would be the most appropriate zoning for this property because the property around it was commercial. Mr. Israel Soto, 3114 Nato Road, Fayetteville, NC, spoke in opposition to the rezoning. Mr. Soto owns the property behind these properties. He was concerned that there would be increased noise which would be adverse to the neighborhood and specifically to his property. He stated P4 zoning would be better than C1 zoning. There was no one further to speak and the public hearing closed at 8:29 p.m. MOTION: Council Member Williams moved to rezone to C1 Commercial District. SECOND: Council Member Haire VOTE: FAILED by a vote of 3 in favor (Council Members Dawkins, Williams, and Haire) to 7 in opposition MOTION: Council Member Worthy moved to rezone to P4. SECOND: Mayor Pro Tem Kirby VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Haire) Discussion ensued regarding Council’s responsibilities to the citizens for the preservation of neighborhoods. 2. Case No. P04-76F. Consider the rezoning from R10 Residential District to C1 Commercial District and P4 Professional District or to a more restrictive zoning classification for the property located at 3119 Boone Trail. Containing 0.46 acres more or less and being the property of David Allen and Ann Marie Gallagher Matthews as evidenced by deed recorded in Deed Book 3032, Page 720, Cumberland County Registry. This is the advertised public hearing set for this date and time. The public hearing opened at 8:45 p.m. Ms. Cindee Wolf, 1928 Vera Court, Wilmington, NC, reiterated her position regarding these properties, stating that she would continue to petition for this property to become P4, since Council elected to rezone the adjacent property to that zoning district. Mr. David A. Matthews, Fayetteville, NC, property owner, spoke regarding the changes to include the increase in noise and traffic that had been made in the 20 years he had owned the property. Mr. Israel Soto, 3114 Nato Road, Fayetteville, NC, spoke in opposition to the rezoning. There was no one further to speak and the public hearing closed at 8:50 p.m. MOTION: Council Member Worthy moved to rezone to P4 Professional District. SECOND: Council Member Haire VOTE: UNANIMOUS (10-0) 4. Consider Parks and Recreation Advisory Commission Bylaws and Composition. Mr. Larry Clubine, Chair, Parks and Recreation Advisory Commission, presented this item. He reported the Commission had recommended there be 15 members appointed with 7 appointed by the City Council; 7 appointed by the County Commissioners, and 1 appointed by the school superintendent for three-year terms with a year between terms. Mr. Clubine advised the Master Plan was currently out for bids. He requested an extension of time to bring the plan back to the Council in October 2005. Mr. Clubine stated the Parks and Recreation Advisory Commission recommended approval of the bylaws contingent upon legal review by both the City Attorney and the County Attorney. MOTION: Council Member Worthy moved to approve the Bylaws and Composition as submitted contingent upon legal review. SECOND: Council Member Gonzalez VOTE: UNANIMOUS (10-0) 5. Update on FSU Fire Station and Fire Science Curriculum. Mr. Benny Nichols, Fire Chief, presented this item. Chief Nichols discussed the progress of the FSU Fire Station and the fire science program which was being partnered with Fayetteville Technical Community College and the Cumberland County School system. He stated a fire academy was being established so high school seniors could take courses toward their degree in Fire Science. Chief Nichols showed the design of the new FSU Fire Station and how the building blended in with the surrounding buildings. He stated that there would also be workspace for the Police Department in the building. Dr. Jonathan Britzer, Assistant Professor of Chemistry at FSU, discussed the Fire Science curriculum, a four-year degree program. The program was designed to produce technically qualified firefighters and also satisfy the University’s requirements. The program is still in development, and will be a 2-plus-2 program, with students taking the first two years of the program at Fayetteville Technical Community College and then transferring to FSU to complete the four-year program. The courses will be offered in an online format, with the exception of the required internships. Chief Nichols stated he hoped to break ground in March, so that the project would be completed by October 7, 2005. 6. Presentation of the FY 2003-2004 Audited Financial Statements. Ms. Lisa Smith, Chief Financial Officer, and Eddie Burke of Cherry, Bekaert & Holland presented this item. Mr. Burke explained the audit process and highlights of the audit. He stated the audit went extremely smooth, and there were no problems of any substance. The financial statements revealed the City had received a clean opinion, which was the highest level of assurance that could be provided a financial statement. Mr. Burke reviewed the key items of the financial statement as follows: · Total net assets increased by $16.5 million due to a reduction in power supply and generations · Overall assets exceeded liabilities by $791.2 million · Governmental funds reported an ending fund balance of $55.2 million · Unreserved fund balance was $28.5 million · Total capital assets increased by $7.3 million · Total debt increased by $10.8 million · Business-type activities total bonded debt was $184.2 million · Business-type activities total installment notes payable was $11.9 million. Mr. Burke stated that there was only one minor issue that had to be addressed and there were new auditing standards that would be required to be implemented this year and new reporting standards the City would be required to address in the future. Council Member Worthy inquired about the minor issue that needed to be addressed. Mr. Burke stated the City had a number of departments that collected cash, and there needed to be more separation of duties because of the size of the departments. He said this was common among cities, counties, and school boards throughout the state. Council Member Haire requested clarification regarding the reason for the increase in net assets, and he inquired if any of the increase had been due to the hiring freezes. Mr. Burke replied that it was primarily due to the reduction of expenses in the Public Works Commission. Ms. Smith stated that the increase was based on an accrual from all funds and the hiring freeze would be reflected in the general funds, but that it would not be specifically shown in the audit report. MOTION: Council Member Dawkins moved to accept the FY 2003-2004 audit. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) 7. Consider an offer to purchase a portion of City-owned parking lots on Franklin and Donaldson Streets. City Manager Roger Stancil presented this item. He reported that Mr. and Mrs. Mark W. Rice had purchased property at 129 Franklin Street where the property lines coincided with the structure walls. He stated the Rices desired to renovate the building, with commercial space on the ground level and their residence on the second level and in order for the building code to be met, the Rices must have 5.1 additional feet of land on the east and south sides of the building. Mr. Stancil stated they had offered the City $500.00 for the purchase of the land, with a permanent easement for the existing sidewalks conveyed to the City. MOTION: Council Member Worthy moved to authorize the public notice of sale and authorize the Mayor to execute the deed after ten days notice. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) 8. Consider award of construction contract for Festival Park Bid. City Manager Roger Stancil presented this item. He stated the second advertisement for bids had resulted in only one bid being submitted and that bid had exceeded the architects’ estimate by 60 percent. Mr. Stancil recommended rejecting the bid as being excessive and not in keeping with the project. Mr. Stancil suggested building the part of the park which was south of the creek to include the promenade, the installation of the bridge, and the grassy area because this could be completed by September 2005 for the International Folk Festival. Mr. Stancil stated that according to Mr. Schuller, to break the project into smaller components would create more competition in the bids. MOTION: Council Member Massey moved to reject the bid. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) Council Member Williams inquired about the liquidated damages as far as coming in late on the project and whether that would add to the cost of what the contractors would bid. Mr. Schuller replied that it had in the beginning, but the liquidated damages had been reduced for the second bid and for this particular piece of work the liquidated damages would be fairly minimal. He explained the first phase would mitigate many of the concerns that had been found to be issues with different contractors. Council Member Williams asked what the liquidated damages were for the original project. Mr. Schuller stated that because of the lawn work that had to be done at a specific growing period, the liquidated damages for that portion was $2,000.00 per day. Council Member Williams requested that alternate bids be taken showing liquidated damages. Mr. Schuller responded that alternate bids would not be a problem. Mayor Pitts asked if this was the only component of the park that was expected to be accomplished by fall of 2005 for the International Festival. Mr. Schuller stated that it was. He explained that when exploring the completion of other projects, if other components were completed first, there had been complications due to the sequencing of the projects. He said he felt that more construction could be done than just the first phase, but he was concerned that the component would not be completed by the time of the International Folk Festival. Mayor Pitts questioned if all options had been expended regarding going outside of the local and regional areas in order to get bids for the process. Mr. Schuller stated that the project documents would have had national coverage because of the plan rooms and other sources that architects and contractors use. 9. Consider items for referral to City County Liaison Committee. (Committee meeting scheduled for Thursday, January 27, 2005) No additional items or nominations were made. 10. BOARDS AND COMMISSIONS: A. Appointments 1. Human Relations Commission - 1 appointment Sharon Covington was appointed to the Human Relations Commission. 2. Personnel Review Board - 3 appointments Peter A. Paoni, Reuben Pettiford, and Lucy Ebony Robinson were appointed to the Personnel Review Board. 3. Fayetteville Redevelopment Commission - 3 appointments Aaron J. Johnson, Eleanor Luse, and Rhonda Murphy were appointed to the Fayetteville Redevelopment Commission. B. Nominations 1. NC Firemen's Relief Fund Board of Trustees - 2 vacancies – 1 Fire Department Appointee and 1 City Council Appointee Chief Benny Nichols was appointed to the NC Fireman’s Relief Fund Board of Trustees. 2. Fair Housing Board – 1 Real Estate resignation – 1 nomination needed Council Member Robert Massey nominated Harold Thompson. C. City of Fayetteville Finance Corporation – Appointment of Officers MOTION: Council Member Keefe moved to reappoint the current officers, Roger Stancil, Lisa Smith, Keith Love and David Little to serve another one-year term. SECOND: Council Member Worthy. VOTE: UNANIMOUS (10–0) 11. ADMINISTRATIVE REPORTS A. Market House Update and 2005 Schedule. B. Letter from County Manager. City Manager Roger Stancil stated this letter was regarding appointments to the committee to discuss water and sewer that had been discussed at the last City-County Liaison Committee. He said no vote had been taken on that subject and he requested direction from the Council. Council Member Gonzalez stated that until the County was willing to sit down and discuss other problems they had with the City no appointments to any joint boards should be made. MOTION: Council Member Worthy moved to deny the request for appointment by the County Commissioners. FRIENDLY MOTION: Council Member Dawkins moved to send a letter to the County Manager advising that the City was not ready to form a committee to discuss water and sewer until some of the problems with PWC had been resolved. SECOND: Council Member Worthy VOTE: PASSED by a vote of 8 in favor to 2 in opposition (Council Members Keefe and Williams) C. Report on feasibility study for converting Museum of Art to Senior Center. City Manager Roger Stancil brought this report for an update at the Council’s request. He stated that he had received a copy of a letter from Thomas Getz, a designer, in which Mr. Getz described the challenges of increasing the site from 8,000 square feet to a 28,000 square foot space as requested by the Lazar-Mack Senior Citizen’s Group. Mr. Stancil reported the City and County staffs were meeting with the Area Agency on Aging to discuss their recommendations for programming and facilities, now and in the future, and the senior plan was a part of the Master Plan for parks and recreation and was due in the fall of 2005. Mr. Stancil inquired if the Council would like to continue with the feasibility study or if it would like to wait until more information was available before proceeding. Council Member Keefe questioned if the feasibility study was only for a 28,000 square foot facility. The idea of the feasibility study was to see if the site would work as a Senior Center and in the future add on to it. He inquired if this plan had been rejected. Mr. Stancil responded that the architect was given the plan that Mr. Lazar and Ms. Mack had presented. Mr. Stancil said his understanding had been the feasibility study was on how to use the existing building for the requested programs and have it grow to the desired 28,000 square feet as a one-stop Senior Center. Council Member Keefe commented that 28,000 square feet was a big building. He inquired what the seniors were looking for that would not work in the building as it was now. Mr. Stancil responded that he was unsure at the moment, but was in the process of getting all the senior citizens together to find out exactly what they wanted. The senior citizens have been given a survey to find out what their needs and wants were and the results of that survey would be completed by the end of February. Mr. Stancil stated he would bring that report back to the Council at that time. INFORMATION ITEMS: 1. Letter from the Arts Council expressing gratitude for assistance with the 2004 “A Dickens Holiday”. 2. Letter from the District Attorney to show appreciation for assistance provided in the Theer trial. 3. NCLM – Letter appointing City Manager Roger Stancil to serve on the Finance, Administration, and Intergovernmental Relations Legislative Action (FAIR) Committee as a representative in an At-Large position. 4. CCBC Boards – December 22, 2004, Board Update. 5. Fayetteville Regional Airport Commission – minutes of November 30, 2004. 6. Police Department – Report from the Office of Professional Standards and Inspections for the month of November 2004. 7. Fayetteville Redevelopment Commission - minutes of October 13, 2004. 8. FACVB – minutes of October 14, 2004. MOTION: Council Member Keefe moved to adjourn the meeting. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) The meeting adjourned at 10:40 p.m. SPECIAL MEETING JANUARY 18, 2005 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING LAFAYETTE ROOM, CITY HALL JANUARY 18, 2005 6:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Staff Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Kyle Sonnenberg, Assistant City Manager Doug Hewitt, Strategic Initiatives and Corporate Communications Director Lisa Smith, Chief Financial Officer Craig Hampton, Projects Manager Jason Brady, Public Information Officer Janet C. Jones, City Clerk Others Present: Marshall Isler, Downtown Development Corporation Dr. Melvin Henderson (The Capital Project) David Stout (300 Block Investors, LLC) The Lundy Group (Festival Park) Members of the Public Members of the Press Mayor Pitts called the meeting to order at 6:00 p.m. He stated for the record that no formal motions would be made during the meeting because it was for information and discussion only. 1. Discussion of proposed economic development projects. Mr. Marshall Isler reported that Dr. Melvin Henderson had received a final commitment from the Mechanics and Farmers Bank for primary construction and permanent financing for both the real estate and the business of the Family Entertainment Complex located in the Capitol building on Hay Street. Mr. Isler stated there would be three components to the complex consisting of retail space, office space, and the entertainment complex. He reported the entertainment complex would be the heart of the project and would have games and an upscale restaurant and would be valued at $7.2 million. Mr. Isler reported Dr. Henderson would have $2.25 million of equity in the project, the Mechanics and Farmers Bank would hold the first mortgage, the City would hold the second mortgage in the amount of $750,000.00, the North Carolina Community Development Initiative would issue a $400,000.00 grant and CCBC would make a bridge loan during the construction period for $180,000.00. Mr. Isler stated Dr. Henderson and the DDC were asking the City (1) to provide a $750,000.00 subordinated loan at 5 percent interest for 20 years with the principal and interest being deferred for the first 5 years, (2) to provide an annual grant equal to one half the City taxes paid for a 5 year period, and (3) to lease the parking lot on Old Street for $1.00. Mr. Isler stated the originally requested $100,000.00 demolition grant from PWC was not needed. Discussion was held regarding the terms of the loan, the payback of the loan, the need for safeguards for continued performance/default in the parking lot lease, the validity of the market study and the unique demographics presented by the number of young males at Fort Bragg. Council Member Dawkins stated he opposed the parking portion of the deal. Mr. Isler replied the financing of the deal depended on the appraisal value and the parking lot had been included to bring up the value and the bank’s approval had been based on the City doing the parking lease. Discussion was held regarding the parking issue. Mayor Pitts stated a letter had been received from Self Help Credit Union stating it had been unaware of the Capitol deal and DDC had committed to finding ample relocation spots for their tenants. Council Member Gonzalez stated parking should be the number one priority for the City and the City needed to build a parking deck to bring people downtown. She stated that a decision needed to be made whether the City was going to provide parking to enhance any projects or going to provide money to everyone. Mayor Pitts stated the City’s primary job was to help facilitate growth in the area and not bear the major expense of a project. Mayor Pitts stated DDC had been charged to facilitate development which included parking as a number one priority and then the City would do all it could to help facilitate those downtown parking projects. Mr. Isler stated there were two or three sites that could be used. He said Amendment One could be used but development would be required because the bonds had to be repaid and that would require increasing the tax revenue. Council Member Haire inquired what would happen if the Letter of Intent was not approved by the City Council. Mr. Isler replied the project would unravel because the Letter of Intent had enabled Dr. Henderson to get the other commitments. Council Member Haire stated he would like to put this on as a consent item. Mayor Pitts stated that the details of this project had been given during a closed session and the Council had given its approval to go forward with the project. He said the issue now becomes whether the City’s commitment is worth anything. Council Member Keefe stated Dr. Henderson was asking for a loan and wanted to pay it back and this was not a cash handout. He stated he would like to tighten up the parking lot so the City would not be over exposed on dilution of the downtown parking. Council Member Keefe stated the tax benefit would be $37,800.00 annually after the first five years. He stated that cash outlay needed to be for the betterment of the entire area and loans were the best move, and he expressed his concern that with a second mortgage if the venture failed the City would not get its $750,000.00 back. Council Member Worthy expressed his support for the project. Council Member Smith stated she wanted it clarified that the Council did not approve anything in a closed session and there was only discussion. Council Member Keefe requested that Mr. Isler look into Self Help’s concerns about the parking and report back to the Council. Mr. Isler stated he would have the information ready on Friday. Mr. John Malzone requested to address the Council regarding his client Self Help Credit Union’s position on the parking issue. He stated Mr. Grinnell wanted to be involved in any future discussion about the issue because they were the single biggest investor who had invested $3.5 million in the downtown and had not asked for any concessions from the City. Mr. Malzone said his client had proceeded on the word of DDC that the Anderson Parking Lot would be available to their tenants. Mr. Malzone stated in cooperation with DDC the Self Help building was almost filled with tenants and each tenant had been told he would be able to rent a space and the tenants were very concerned about this issue. Mayor Pitts inquired if anyone had any discussion on the 300 Block of Hay Street Project. Council Member Haire inquired what would happen if the City did in kind services in land, permits, fees and PWC infrastructure and fees. He asked if this could still be a project with no cash from the City. Mr. David Stout stated the developers were willing to reduce profits with the total reduction in developer profits of $39,146.00 for Phases 1 and 2 and an additional $7,964.00 if all three phases were selected. He stated the developers’ contingency risks would be reduced in Phases 1 and 2 to $430,609.00 and $518,204.00 with Phase 3. Mr. Stout replied the answer to the question posed by Council Member Haire would be no because the developers had taken all of the risks they could and it was time for the City to come back. Council Member Haire stated he liked the project but at the same time if it didn’t happen he would love to see the staff send the information out to developers interested in the 300 block of Hay Street that the City would like to do in kind services. Mr. Stout stated that in order for the City to pursue that route and not go with the plan they would have to buy the land and as a result would be into it for a million dollars. Council Member Keefe inquired if the RFP had stated the City would participate or had it been a stand-alone project. Mr. Isler stated the RFP did include City participation but no guidance had been given nor had any percentage been set for the City’s participation. Mr. Isler stated the only reason the City was involved in this type of deal was because the downtown area was depressed and could not support market rate projects. He stated public/private deals were done all the time with different standards being used and many forms had been reviewed and this was the plan they had come up with. Council Member Haire inquired about the use of a loan. Mr. Isler replied that a loan would require having a way to pay it back and in this case the sales price collectively would be lower than the costs and there would not be enough money to pay it back even if all the units were sold. Mr. Isler pointed out that the cash outlay had gone from $2.4 million to $1.4 million for two phases. Mayor Pitts stated he had seen various forms of City participation and incentives in development projects around the state and country, but he had not seen one in the form of cash. Council Member Worthy stated there would be zero profits because all costs had been included in development fees. Council Member Dawkins inquired if the City could give 100 percent back in taxes paid rather than the one half which had been discussed. Mr. Stancil stated the City does not make a rebate. The taxes do have to be paid and the City has to give the equal amount back which would be 100 percent back to the taxpayer. There was further discussion about the questionable repayment of the loan for this particular business model and the possibility of using Amendment One. Council Member Dawkins stated the City would receive $70,000.00 a year and the County would receive $119,000.00 a year in taxes and he recommended the developers go to the County and solicit their participation in the project. Mr. Isler stated the City must have infrastructure in a project to qualify for Amendment One usage and this project would not qualify. Council Member Worthy recommended the developers give up their profits to make the project work. Council Member Dawkins stated if you ask one developer to do that then all developers would have to be treated the same. Mayor Pitts stated he was going to state what no one else wanted to say and that was that this project was needed in the downtown area, but the deathblow to this project was the cash outlay requested from the City. He stated this project would take the bulk of the 2.4 million dollars set aside for capital improvements and that would not leave any money for soil streets, sidewalks, streetscapes and senior center projects which had not been dealt with in years. Mr. Isler inquired if the Council would be interested in committing a certain percentage of its tax revenue to this project for 10 to 20 years. Council Member Williams stated developers would not develop without profits. A discussion was held regarding how the City’s role as a property owner in the BB&T project differed from this project. Mayor Pitts stated he did not know the answer to Mr. Isler’s inquiry and would have to see how it was structured but he did know this project would not work because the cash request was too much. Mr. Isler stated if this project died it was dead and if the City did not want to do public-private partnerships it should have been stated. Mayor Pitts interrupted Mr. Isler. He stated he had stopped him because he was making an unfair statement and the city had supported other projects and had told Mr. Isler what the problem was with this project. Mayor Pitts stated he did not want the impression to be given that the city did not want to work with developers because it was simply not true. Mr. Isler stated he was trying to figure out the Council’s threshold and he had thought it had been stated at $1.4 or $1.5 million. Mayor Pitts stated there had not been a threshold set and those particular figures had been stated by one council member only and not by the Council as a whole. Mr. Stout inquired what cash outlay would be available for this project. Council Member Smith replied that she could not vote to give any cash as long as there were streets in the City of Fayetteville that had not been paved. Council Member Haire stated he would like to make capital projects work and would like to look at structured payments. Mayor Pitts stated he did not think Mr. Stout’s question could be answered because there was no consensus at this point. He stated cash outlay was not the typical deal cities did and he could only see an amount of $300,000.00 to $400,000.00. Mr. Stout stated the RFP should have set out the amount of outlay and if $300,000.00 had been stated he would have walked away from the deal in July. Council Members Keefe stated he felt other entities would also benefit from the development of this project and he would feel better if there were more people at the table. Council Member Dawkins stated he felt the taxes should be structured someway with the City and County coming together to keep this project going and to get people living downtown. Mayor Pitts stated he did not know what the developers’ stance was but it was clear that the City would like to go back to the table and find alternative ways to make the project work. Council Member Keefe inquired about the partnerships involved in the Lundy Group Project. Mr. Isler stated the proposed partnership would be the DDC and the Lundy Group who was bringing in School Link. Council Member Keefe expressed his displeasure with the City and DDC for giving up their original shares in the project. Mr. Isler stated this was a fluid deal and there had been no formal agreement prepared. He stated the relationships and the documents had not been finalized, and from DDC’s standpoint it did not matter because the final documents would be approved by all entities and the structure of the agreement would be known to all. Mayor Pitts stated that the City Attorney had advised the Council that the City could not be a holder or owner of property in a deal like this and that should not be a problem because the City’s interest would be transferred to the DDC. Council Member Dawkins inquired where the $750,000.00 for the loan to the Capital project would come from. Mr. Stancil stated the Community Development Block Grant money was $290,000.00 to $300,000.00, and the other $450,000.00 had not been designated in the last budget action because the Council had not taken any action. Mr. Stancil recommended because it was a loan with deferred payment it could be considered in addition to the $2.4 million if the new policy was adopted by the Council to spend the fund balance over 12 percent for capital improvements. He stated the additional funds would then come from the fund balance. It was decided that the Lundy Group would be placed on the Monday night agenda, the Capitol project would be placed on the agenda for the first meeting in February, and the parking information from Mr. Isler would be given to the Council on Friday. 2. Discussion of capital needs and strategies. A lengthy discussion was held regarding the current capital needs, the source of the $2.4 million funds, the need for a financial plan for the 2006 Budget, a two cents tax cut, setting up another downtown revitalization fund from PWC monies and updating the pay schedule for employees to make the city competitive with the current job market. The Council discussed the different areas for funding to include (1) soil streets, (2) sidewalks, (3) increasing the number of major Gateways into the City and setting an appearance standard which would be uniform throughout the City, (4) lighting for Green and Gillespie Streets, (5) bringing Massey Hill into the City, (6) funding for speed bumps and other speed deterrents, (7) parks, (8) allocation of funds to senior citizen services with the City being the facilitator and the seniors being required to present solid plans when requesting their funds, and (9) the City facilitating the Cape Fear River Park project and land acquisition. The following items were recommended for placement on the January 24, 2005, agenda for the designation of funding for capital projects: 1. Paving soil streets $1,100,000.00 2. Gateways 250,000.00 3. Park Project Contributions A. Martin Luther King, Jr. Park 50,000.00 B. Freedom Memorial Park 50,000.00 C. Cross Creek Linear Park 50,000.00 4. Cape Fear River Park land acquisition 350,000.00 Mayor Pitts adjourned the meeting at 9:37 p.m. REGULAR MEETING JANUARY 24, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JANUARY 24, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Doug Hewitt, Strategic Initiatives and Corporate Communications Director Lisa Smith, Chief Financial Officer Jimmy Teal, Chief Planning Officer Robert Barefoot, Chief Operating Officer for Engineering and Maintenance and Parks and Recreation Victor Sharpe, Community Development Director Jason Brady, Public Information Officer Janet C. Jones, City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Mr. Victor Sharpe, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: Council Member Dawkins expressed his appreciation to the 39 Fayetteville police officers who had been posted on the Presidential inaugural route in Washington, D.C. He stated because of their training and expertise they had been placed in the protester area to control the crowd if it had become necessary. Mayor Pitts presented Mr. Roger L. Stancil, City Manager, with a Certificate of Appreciation for his 25 years of dedicated service to the City of Fayetteville and thanked him for his services as the CEO of the City of Fayetteville, North Carolina. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to remove Item 6, consider annexation agreement for Hummingbird Place Subdivision in consideration of receiving PWC water service, from the agenda. MOTION: Council Member Keefe moved to approve the agenda with the exception of Item 6. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) 2. PUBLIC FORUM: Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, stated the City needed to put two parking decks in the downtown area to encourage the development of the two proposed projects. Mr. Moses Best, 1824 Broadell Drive, Fayetteville, NC, asked the Council to allocate funding for the cleanup and repair of Roosevelt Street, Brewer Street, Richard Street, Wilma Street and Ferguson Street. Mr. Robert P. Mullen, 2244 Hope Mills Road, Fayetteville, NC, stated he lived on Hope Mills Road and he felt that all residential property should be grandfathered in and not have to pay commercial taxes. He stated the sidewalk was supposed to have been built by the State on the east side of Hope Mills Road, but it had not been finished because the State had run out of money. He stated he saw no need for a sidewalk on the west side of Hope Mills Road. Mr. Gerald J. Howland, 1785 Flintshire Road, Fayetteville, NC, stated the City spent 90 percent of its time and money on downtown development or rezoning. He stated the rest of the City needed to be taken care of also. Mr. Chris North, 902 Penwall Court, Fayetteville, NC, stated he was opposed to extending the terms and if the Council went to four-year terms, he would be in favor of term limits. He stated he felt the best option would be two two-year terms with one year off after four years had been served. He stated the President of the United States served only two terms and that should be good enough for the City Council. Mr. Thomas Parent, 603 Dandridge Drive, Fayetteville, NC, stated he was opposed to putting a sidewalk on the west side of Hope Mills Road. He recommended the one-mile stretch on the east side that had not been finished because of lack of state funds be completed. Mr. Parent stated eight years was enough time for any City Council member to serve and he felt term limits should be implemented. He stated there should be four at-large council members with five district members because that would give him the chance to deal with five Council members and he would have a fifty-fifty chance of getting something done. Mr. John R. (Bob) White, 5827 Arbutus Trail, Fayetteville, NC, thanked the Council for their support for seniors by their vote to put aside dollars for the senior center. He offered his services to help work out the details. Mr. James P. Burgio, 314 Reid Court, Fayetteville, NC, stated his opposition to four-year terms for the City Council because it was not done nationally nor statewide. He stated the City Council should have three at-large candidates and six district candidates. He stated he felt the Council members should get better pay and the City needed a public relations person to speak directly to issues. Mr. Malcolm Blue, 2210 Roosevelt Drive, Fayetteville, NC, stated he had been a resident of Roosevelt Drive since 1959 and the street was a slum and something needed to be done to make it better and to provide water and sewer. He asked the Council for their help. Mr. Andy Anderson, 1517 Hope Mills Road, Fayetteville, NC, stated he felt the City Council meeting should go online so citizens could inquire and respond to agenda items and get some immediate answers. He also stated he would like to see replays of the City Council meetings on the community television channel two to three times a week. Mr. Anderson expressed dissatisfaction with services he had received from the PWC. Mr. Bruce Arnold, 313 Glenola Street, Fayetteville, NC, reviewed a list of longstanding patrons of the parking lot on Olde Street. He stated relocation to other areas would cost the patrons more and would be inconvenient. Mr. Arnold stated the old timers in the downtown area felt like they were being forgotten. 3. CONSENT: Mayor Pro Tem Kirby requested to pull Item 3.B.1. and Council Member Smith requested to pull Item 3.D. MOTION: Council Member Massey moved to approve the consent agenda with the exception of Items 3.B.1. and 3.D. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) The following items were approved: A. Approve minutes: 1. Council work session held on January 3, 2005. 2. Special joint meeting with PWC Commission held on January 10, 2005. 3. Regular meeting of January 10, 2005. B. Approve the following financial matters: 1. Pulled for discussion by Mayor Pro Tem Kirby. 2. Capital Project Ordinance Amendment 2005-10. (Amtrak improvements). This amendment is required to establish a budget for the additional funds necessary for this project provided by the amended Municipal Agreement. The North Carolina Department of Transportation is providing an additional amount of $90,000.00. The local match required is $10,000.00, for a total amendment of $100,000.00 3. Authorize Mayor to execute contract with Cherry, Bekaert & Holland for audit of accounts for Fiscal Year 2004-2005 for a professional fee not to exceed $87,500.00. (Third year of a three-year contract.) 4. Reimbursement resolution for the construction of Fayetteville State University Fire Station. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE CONSTRUCTION OF THE FAYETTEVILLE STATE UNIVERSITY (FSU) FIRE STATION. RESOLUTION NO. R2005-004. 5. Authorize piggyback on bid of the Town of Hope Mills for fire pumper and award purchase contract for Fire Pumper/Tanker to Pierce Manufacturing/Triad, Inc., in the amount of $350,156.00. 6. Approve Interlocal Agreement with Cumberland County for incentives to South River EMC. C. Adopt resolution for a ten-year plan to end chronic homelessness. RESOLUTION – TEN-YEAR PLAN TO END HOMELESSNESS. RESOLUTION NO. R2005-005. D. Approve measures of success for combined Parks and Recreation Department. Council Member Smith pulled this item for discussion. She expressed her concern about the low percentage grades on some parts of the report. She stated communication needed to be held with the staff because she wanted to see improvements and she wanted the staff to know her concerns. MOTION: Council Member Smith moved to approve the measures of success for the combined Parks and Recreation Department with the requirement that the items with low markings be looked into by staff. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) B.1. Amendment to Municipal Agreement and award of construction contract for Amtrak Station Improvements to Progressive Contracting at the base bid amount of $527,000.00. Mayor Pro Tem Kirby pulled this item. Discussion was held regarding the City’s obligation in hiring a low bidder who had had performance problems in the past. MOTION: Council Member Gonzalez moved to defer this item to the next meeting to address concerns raised by Mr. Bruce Arnold. SECOND: Council Member Haire VOTE: UNANIMOUS (10-0) 4. PUBLIC HEARINGS: A. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated noncontiguous annexation area owned by Richard King and Howard King (Located on the north side of Downing Road and south side of Highway 24). Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated the developers had petitioned for water and sewer on December 10, 2004, for the noncontiguous property that could be served with existing City services. He stated no development plans had been submitted but it was anticipated a commercial establishment would be constructed because the property was zoned C(P) in the County. This is the advertised public hearing set for this date and time. There was no one present to speak and the public hearing opened and closed at 8:04 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (KING PROPERTY - LOCATED ON THE SOUTHWEST CORNER OF HIGHWAY 24 AND DOWNING ROAD). ANNEXATION ORDINANCE NO. 2005-01-477. MOTION: Council Member Smith moved to adopt the annexation ordinance with an effective date of January 24, 2005. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (10-0) B. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation are owned by Marcus Seals (Located on the north side of Cooper Street and west side of Gillespie Street). Mr. Jimmy Teal, Chief Planning Officer, presented this item. He advised a petition had been received on November 24, 2004, requesting annexation of the contiguous property. He stated the property could be served by the existing City services. This is the advertised public hearing set for this date and time. There was no one present to speak and the public hearing opened and closed at 8:06 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (MARCUS SEALS PROPERTY – LOCATED ON GILLESPIE STREET, NORTH OF COOPER ROAD). ANNEXATION ORDINANCE NO. 2005-01-478. MOTION: Council Member Massey moved to adopt the annexation ordinance with an effective date of January 24, 2005. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) C. Public input on the following issues: 1. Consider installing a sidewalk down the entire length of the west side of Hope Mills Road beginning at Raeford Road and ending at the City limits. Property owners that adjoin the new sidewalk will be assessed the cost of installing the new sidewalk. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He advised the purpose of the public hearing was to receive input on whether to construct a sidewalk on the west side of Hope Mills Road by assessing the abutting property owners. Mr. Teal advised the Council that the City Charter Section 7.2 granted them the authority to order the sidewalk improvement without a petition, but the assessment would have to be done according to N.C.G.S. § 160A-217. He reviewed the statute requirements. This is the advertised public hearing set for this date and time. The public hearing opened at 8:09 p.m. Mr. Walter Pikul, 1000 Hope Mills Road, Fayetteville, NC, stated he was opposed to the sidewalks because very few people walked along Hope Mills Road and the cars traveled at a speed of 45 mph or more. Mr. Robert P. Mullen, 2244 Hope Mills Road, Fayetteville, NC, stated he was opposed to the sidewalks. Mr. Winton McHenry, 310 Hope Mills Road, Fayetteville, NC, stated no sidewalk was needed on the east side of Hope Mills Road. He stated there needed to be more pedestrian crossings for people to use. Mr. Andy Anderson, 1517 Hope Mills Road, Fayetteville, NC, recommended the sidewalk on the east side of Hope Mills Road be completed instead of building a new sidewalk. He recommended the City build the sidewalk in-house and save the citizens’ tax dollars. Mr. John A. Sykes, 114 Pompton Drive, Fayetteville, NC, stated he owned a brick office building that needed all of its parking spaces and he was opposed to a sidewalk that no one would use. He recommended that more school crossings be placed at the J. W. Coon School. Mr. Sykes stated he did not want to pay the money it would cost to build a sidewalk that was not needed. There was no one further to speak and the public hearing closed at 8:22 p.m. A discussion was held regarding how the amount of the assessment could be determined and the pros and cons of doing the sidewalk. No action was taken on this item. 2. Consider whether the City should initiate rezoning of the properties located along Hope Mills Road beginning at Raeford Road and ending at the City limits. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated the public hearing had been set to receive input on whether to initiate a rezoning of properties abutting Hope Mills Road. Mr. Teal advised the Planning Commission was currently conducting a study of the Land Use Plan for Hope Mills Road and had requested if the City Council decided to initiate a rezoning the process not be commenced until after their study had been completed in July 2005. This is the advertised public hearing set for this date and time. The public hearing opened at 8:27 p.m. Mr. Winton G. McHenry, 310 Hope Mills Road, Fayetteville, NC, stated he was in favor of the rezoning because the property going down Hope Mills Road was going to be commercial and it would be better to rezone in mass rather than on a per property basis. Mr. Walter Pikul, 1000 Hope Mills Road, Fayetteville, NC, expressed his opposition to the rezoning because he did not want to give up his right or ability to provide input into the rezoning of property which was located in close proximity to his property. Ms. Rachel Violette, 601 Hope Mills Road, Fayetteville, NC, stated her opposition to the rezoning. She said she had been a resident of her property for 30 years and did not want to pay commercial taxes for residential property. Mr. Robert P. Mullen, 2244 Hope Mills Road, Fayetteville, NC, stated he had lived on Hope Mills Road for 32 years and did not want to have his home zoned commercial. Mr. Gerald J. Howland, 1785 Flintshire Road, Fayetteville, NC, stated his property was parallel to Hope Mills Road and he was opposed to the rezoning because the purpose of the rezoning was to go two lots deep and that would encroach on his property and would create a need for back entrances to the properties. He requested that the Council stop this rezoning. Mr. William Butler, 2424 Hope Mills Road, Fayetteville, NC, stated he had lived for 57 years on Hope Mills Road and this was his home. He stated there was a need for individual voting for each individual lot and he wanted to keep that as it was. There was no one further to speak and the public hearing closed at 8:40 p.m. A discussion was held regarding the pros and cons of rezoning Hope Mills Road, the current land use study being done by the Planning Commission, and the options open to the Council. No action was taken on this item. D. Public input regarding four-year staggered terms for the election of the Mayor and members of City Council. Mayor Pitts presented this item. He explained that the speakers would each be limited to three minutes and would be allowed to address anything associated with the structure of the City Council to include, but not be limited to, term limits, four-year staggered terms, the district concept and the at-large concept. Mayor Pitts requested the speakers to focus on the structure of the Council and not their personalities. He explained that the current City Council would not benefit from the four-year staggered terms and one half of the Council and the Mayor would have to go through two elections before the proposal made by Council Member Worthy would totally be in effect. This is the advertised public hearing set for this date and time. The public hearing opened at 9:05 p.m. Mr. Brian Irving, 1713 Veanna Drive, Fayetteville, NC, stated a group of 13 citizens had studied this issue and had rejected the four-year term. He stated he supported term limits because he felt more people could become involved in serving the community and the process could open up. Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, stated the taxpayers’ dollars were being wasted on this issue. Ms. Linda Lee Allan, 1801 Stetson Lane, Fayetteville, NC, stated she had been a member of the 13-citizen Task Force who had studied this issue and had decided the Mayor needed to have a vote. She stated the study group had unanimously supported the three district three members per district concept, with two-year terms and an at-large Mayor who voted on all issues. Ms. Allan stated the concept had been presented to the Council and to the public and after review Mr. Wilson the redistricting attorney had stated he did not think their proposal would pass the muster of the Justice Department. Ms Allan expressed her support for the original design recommended by the Task Force and suggested that an independent second opinion be obtained as to whether the original proposal would meet the Justice Department’s approval. Ms. Rollin Shaw, 202 Devane Street, Fayetteville, NC, stated as a former City Council member she had studied the 3-3-3 recommendation of the Task Force and had been very disappointed when it did not wash with the Council. She stated in her opinion the citizens would have been well represented and she agreed with the suggestion to get a second independent opinion on the Task Force’s recommendation. Ms Shaw stated if that could not be done, she would like to see at-large seats reinstated because she felt it gave good balance when representatives were elected by all of the citizens. She also expressed her support for two-year terms. Reverend Floyd W. Johnson, 716 Amber Drive, Fayetteville, NC, stated at-large candidates diluted the African American vote and with at-large candidates people could control the City Council. He stated he felt the terms were currently regulated by the voters and he did not want a nonproductive Council member in office for four years. Mr. Theodore Debose, 1637 Seabrook Road, Fayetteville, NC, stated at-large representation would not help his district. He stated he felt there was a need to move into the 21st Century and for the Council to become productive and innovative. He stated the City Council needed to work together for all citizens. Mr. Richard Jarvies, 1834 Wendover Drive, Fayetteville, NC, expressed his opposition to the four-year term because there was no voter initiative nor voter recall available to the citizens. Mr. Gerald J. Howland, 1785 Flintshire Road, Fayetteville, NC, stated Fayetteville had ward politics just like in Chicago. He stated the two-year term was adequate and the at-large candidates did not penalize the African Americans and the Mayor’s election had proven that issue. There was no one further to speak and the public hearing closed at 9:28 p.m. Council Member Worthy thanked the citizens for their input and the Task Force for the memory refresher. He stated he had heard loud and clear that the two-year term was adequate and therefore no change would be in order. Council Member Keefe inquired why the Justice Department’s approval was needed. Mrs. Karen McDonald, City Attorney, stated that Cumberland County along with 37 other Counties was under order of the Justice Department for the purpose of assuring there would be no regression in the minority voter strength. She advised she was not aware of any time limit on the order. Mrs. McDonald stated she could solicit the advise of the redistricting attorney, Mr. Jerry Wilson, if that was the Council’s wish. She stated the at-large structure could be looked at but it could not result in dissolution of minority votes. No action was taken on this item. 5. Consider designation of funding for capital projects. City Manager Roger Stancil presented this item. He stated the Council had directed him to place this item on the agenda. He presented the following designation of funds discussed: · Paving Soil Streets - $1,100,000.00 · Gateways - $250,000.00 · Green/Gillespie Streets Improvements - $100,000.00 from General Fund and $100,000.00 from Municipal Service District Funds · Park Project Contributions · Martin Luther King, Jr. Park - $50,000.00 · Freedom Memorial Park - $50,000.00 · Cross Creek Linear Park - $50,000.00 · Cape Fear River Land Acquisition - $350,000.00 · Senior Center - $500,000.00 Mr. Stancil stated if the Council approved the designations he would take the following actions: · Prepare appropriate budget actions for council consideration. · Develop a list of street paving priorities based on sewer being available to the property and the number of residences on the street. Once a priority list had been approved the property owners would be notified and a public hearing would be set for each street with a recommendation that property owners be assessed some amount for the project per front foot so that budgeted funds could pave more miles. · Develop a proposed model for gateway development and a list of gateways for Council approval. · Proceed with bidding Green/Gillespie Streets improvements to include streetlights as on Hay Street in front of City Hall with brick sidewalks on Gillespie Street and no sidewalk improvements on Green Street. The project would also include replacing parallel parking on Gillespie Street with diagonal parking to increase the number of spaces available. · Contact appropriate groups for each park and being process of transferring funds. · Set aside funds for senior center and await plans for senior services from parks and recreation master plan. Discussion was held on the soil streets and the gateways. Mayor Pitts reminded everyone that the action would only allocate the funding and the prioritization could be determined at another time. MOTION: Council Member Haire moved to allocate $1.1 million for soil street funding. SECOND: Council Member Worthy SUBSTITUTE MOTION: Council Member Smith moved to approve the entire list of designated allocations and come back with the implementation actions. SECOND: Mayor Pro Tem Kirby Council Member Keefe stated he could not support the motion because the allocations were over the $2.4 million discussed and he was looking at a two cents tax reduction. Council Member Massey stated he could not support the motion because there were outside projects to include parks and senior citizen projects that needed oversight to ensure that the funds were being spent in the best way for the citizens. Council Member Worthy stated he concurred and wanted to include in the substitute motion that there had to be guidelines and expectations which had to be met before the funds could be distributed. Discussion ensued regarding the appropriation of funds. Council Member Williams stated he would like to amend the substitute motion to state that the $500,000.00 to the senior citizens would be designated for seniors and not for a center. Mayor Pitts stated for clarification that at the work session the Council’s comments had been that a single senior center might not be the most effective way to reach all seniors and the best method would be to allocate $500,000.00 for senior activities with the seniors coming back with a plan and the City acting as a facilitator. Further discussion was held regarding the need for a committee that would represent all senior citizens, the need to hold the allocated funds and not give them to one group, and the need for approval of the seniors’ final plan by the City Council. Discussion was held regarding the need to discuss each capital project item individually. Mayor Pitts called for the vote on the substitute motion on the package deal. VOTE: PASSED by a vote of 6 in favor to 4 in opposition (Council Members Gonzalez, Keefe, Massey and Dawkins) 6. Consider annexation agreement for Hummingbird Place Subdivision in consideration of receiving PWC water service. City Manager Roger Stancil removed this item from the agenda. 7. Consider endorsing concept of Lundy Group proposal for Festival Plaza. City Manager Roger Stancil presented this item. He recommended the Council endorse the concept and authorize City staff to work with DDC to negotiate the final agreement that would be brought back to the Council for final approval. MOTION: Council Member Worthy moved to endorse the concept and proceed with negotiations with the final agreement coming back to the City Council for approval. SECOND: Council Member Massey Discussion was held regarding clarification on the identity of the designated partners, DDC, Lundy Group, and School Link and the timeframe for finalization of the agreement. Mr. Marshall Isler stated he thought he could be back in four to six weeks with the proposed agreement. He informed the Council The Lundy Group had compromised on the building concept concerns that had been expressed by several entities and the proposed changes were being made. VOTE: UNANIMOUS (10-0) 8. Consider funding improvements for Bonnie Doone Park. City Manager Roger Stancil presented this item. He stated because the development of a park in the Bonnie Doone area was a priority in the Council’s strategic plan, the Parks and Recreation Advisory Commission had unanimously recommended changing the priority for development at the Bunce Road park site to the Bonnie Doone park site. He stated their recommendation had been based on the fact that Bonnie Doone had no public facilities within its service area and the Bunce Road site had existing facilities and was located within a mile of the Cliffdale Recreation Center. Mr. Stancil stated $140,000.00 had been appropriated for the Bunce Road site, $85,000.00 had been designated for land, $5,000.00 had been designed for a ball field and the Community Development Department had budgeted $20,000.00 in their current one-year action plan. Mr. Stancil recommended moving these funds and establishing a budget of $250,000.00 for the Bonnie Doone Park. He advised if it were approved the City could apply for a Parks and Recreation Trust Fund Grant for a total project budget of $500,000.00. MOTION: Council Member Haire moved to adopt the capital project ordinances. SECOND: Council Member Gonzalez Council Member Worthy inquired if this were a stand-alone project as opposed to the original discussion of doing a joint project with the church. Mr. Barefoot replied in the affirmative. VOTE: UNANIMOUS (10-0) 9. PWC Matters: PWC staff presented this item. A. Consider Utility Relocation Agreement with the NC DOT for relocation of water and sanitary sewer mains in conjunction with the Owen Drive road-widening project. RESOLUTION NCDOT. RESOLUTION NO. R2005-007. MOTION: Council Member Massey moved to approve. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) B. Consider Interlocal Agreement with County of Cumberland to participate in the off-site water main extension to serve the Cedar Creek Business Center. MOTION: Council Member Massey moved to approve. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) 10. Report from Transportation Committee. Council Member Haire reported the minutes reflected the reports that had been given on each of the items and he would let that stand as his report. A. Update on sidewalk master plan. No action was taken on this item. B. Update on transportation planning process. No action was taken on this item. C. Update on signage for “historic Haymount” and “Downtown”. No action was taken on this item. D. Presentation on Airport Master Plan including discussion of extension of airport runways. Mr. Toney Coleman, Assistant Airport Director, reviewed the Fayetteville Regional Airport Master Plan which had been developed to provide a blueprint for long-term airport development. The selected criteria included financial performance, airport development, level of activity, operating efficiency and peripheral commercial development. Mr. Coleman reviewed the Master Plan that described the facilities required to accommodate aviation demand over the 20-year planning period to the year 2023 for (1) airfield capacity and delay, (2) airfield and NAVAID, (3) terminal, (4) airport parking, (5) air cargo, (6) general aviation and (7) support facilities. Mr. Stancil advised the Council needed to approve the concept of the Master Plan in order for the City to approach the FAA for their first payment in February 2005. MOTION: Council Member Haire moved to accept the Airport Master Plan. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) E. Discussion of intersection at Bragg Boulevard, Johnson Street, and Mike Street in Bonnie Doone. This item was tabled until the next Committee meeting. 11. Consider Council meeting schedule through June 30, 2005. City Manager Roger Stancil presented this item. He recommended the Council adopt the schedule so special meeting notices would not have to be done for each meeting. MOTION: Council Member Keefe moved to approve the schedule. SECOND: Mayor Pro Tem Kirby VOTE: PASSED by a vote of 8 in favor to 2 in opposition (Council Members Smith and Gonzalez) 12. BOARDS AND COMMISSIONS: A. NOMINATIONS 1. North Carolina Firemen's Relief Fund Board of Trustees - 1 City Council appointment vacancy No additional nominations were made. 2. Fair Housing Board – 1 Real Estate designation – 0 nominations needed No additional nominations were made. B. INFORMATION FEBRUARY VACANCIES 1. Public Arts Commission - 3 vacancies (1 Museum of Art Member and 2 Arts Council members) 13. ADMINISTRATIVE REPORTS INFORMATION ITEMS: 1. Statement of taxes collected for the month of December 2004 from the Cumberland County Tax Administrator. 2004 Taxes $9,779,955.82 2004 Vehicle Taxes 317,675.12 2004 Revit 17,340.63 2004 Vehicle Revit 263.94 2004 FVT 35,590.35 2004 Storm Water 567,542.18 2003 Taxes 28,117.96 2003 Vehicle Taxes 38,705.22 2003 Revit 0.00 2003 Vehicle Revit 22.67 2003 FVT 5,313.58 2003 Storm Water 2,336.64 2002 Taxes 5,727.43 2002 Vehicle Taxes 1,741.28 2002 Revit 0.00 2002 Vehicle Revit 0.00 2002 FVT 419.31 2002 Storm Water 556.89 2001 Taxes 1,635.12 2001 Vehicle Taxes 1,038.34 2001 Revit 0.00 2001 Vehicle Revit 0.00 2001 FVT 248.22 2001 Storm Water 371.73 2000 and Prior Taxes 1,289.49 2000 and Prior Vehicle Taxes 2,730.04 2000 and Prior Revit 0.42 2000 and Prior Vehicle Revit 0.00 2000 and Prior FVT 592.61 2000 and Prior Storm Water 644.50 Interest 14,158.53 Interest (Revit) 3.21 Interest (Storm Water) 684.11 Fayetteville Discount (Current) 0.00 Fayetteville Discount (Revit) 0.00 Total Collections $10,824,705.34 2. Letter from HUD regarding FY 2005 allocations for the Community Development programs. 3. Letter from NCLM regarding appointment of City Attorney to Community and Economic Development Legislative Action (CED) Committee. 4. Copy of article from Sandhills Business Times regarding Fayetteville Regional Airport. 5. Status report of ongoing annexation projects. MOTION: Council Member Smith moved to adjourn the meeting. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) The meeting adjourned at 10:50 p.m. SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY LEGISLATIVE DELEGATION FEBRUARY 7, 2005 FAYETTEVILLE CITY COUNCIL SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY LEGISLATIVE DELEGATION AMBASSADOR PANCAKE HOUSE 2025 SOUTH EASTERN BOULEVARD FEBRUARY 7, 2005 7:30 A.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Darrell J. Haire (District 4); Paul Williams (District 6); Curtis Worthy (District 7) Absent: Council Members Robert A. Massey, Jr. (District 3); Lois Kirby (District 5); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Delegation Present: Senators Larry Shaw and Tony Rand and Representatives Rick Glazier, Marvin W. Lucas, and Margaret Highsmith Dickson Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Jason Brady, Public Information Officer Member of the Press Discussion of issues of mutual interest. Mayor Pitts called the meeting to order at 7:40 a.m. Members of Council and the Delegation held a general discussion on the following items: City of Fayetteville Economic Growth Issues: · Local Funding Options · University Rail Route · Address Urban Water and Sewer Needs · Economic Development Incentives · Continued Support for North Carolina’s Current Annexation Statute Public Works Commission and Water Customer Environmental Issue: · Funds for Contaminated Ground Water Public Safety Issues: · Homeland Security Grants · Civilian Traffic Accident Investigators · Red Light Cameras There being no further business, the meeting adjourned at 8:45 a.m. WORK SESSION FEBRUARY 7, 2005 FAYETTEVILLE CITY COUNCIL WORK SESSION LAFAYETTE ROOM, CITY HALL FEBRUARY 7, 2005 6:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Curtis Worthy (District 7) Absent: Council Members Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Paul Williams (District 6); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Kyle Sonnenberg, Assistant City Manager Lisa Smith, Chief Financial Officer Jimmy Teal, Chief Planning Officer Tom McNeill, Director of Special Projects, PWC Tracey Broyles, Budget and Evaluation Manager James Rose, Support Services, PWC Jason Brady, Public Information Officer Stacy K. Hansen, Deputy City Clerk 1. Approval of Agenda 2. Comments from Mayor Pitts: The Mayor has formed two new Committees. A. Bond Project Committee The Bond Project was discussed at the 2004 Council Retreat. The Bond Project will fund infrastructure needs such as streets, sidewalks, and recreation centers. Mayor Pitts has appointed Council Members Keefe, Dawkins, Worthy, Gonzalez and Massey to the new Committee. Council Member Keefe will be the chairman. The Committee will be responsible for getting together with the City Manager and Lisa Smith to come up with a workable plan for a bond proposal to be brought back to the Council as a whole. Council Member Keefe has met with Mr. Stancil and Ms. Smith and will be calling a meeting within the next week to discuss the deadlines and other issues. The Committee has a 30-day deadline to bring the proposal back to the Council. B. Water and Sewer Committee Mayor Pitts forwarded a letter from the Chairman of the Board of Commissioners to all Council members regarding re-introducing the concept of municipal influence areas. Mayor Pitts stated that while the Council needs to resolve its issues with PWC and also with the County, that the Council can resolve both sets of issues simultaneously. Therefore he has appointed members to a Water and Sewer Committee to work with the County and PWC. His appointments were Council Members Keefe, Dawkins, and Worthy. The Board of Commissioners has also appointed three members also. Mayor Pitts suggested to PWC Chairman Lacy that PWC appoint the same number. 3. Presentation on Hummingbird Place sewer issue. Council requested this presentation to clarify the issue of an annexation agreement with Hummingbird Place subdivision. The developers of Hummingbird Place requested water service only from PWC. Council was concerned because the developer has planned to install septic tanks instead of sanitary sewer lines. Tom McNeill showed a map of the area and pointed out the location of Hummingbird Place and surrounding subdivisions. One of those subdivisions, Baywood, has water and sewer utilities, but the facility is dedicated to the subdivision. There is no surplus capacity to serve any adjoining subdivisions. When development began in the area, it was unclear which entity would service the area, the City of Fayetteville, Stedman, the Vander District, or Cumberland County. The present developments have stand-alone systems. There is a large outfall that could handle a large capacity, which could be tied into for the new developments. Mr. McNeill suggested that the governmental entities decide which entity is going to be financially responsible for future growth. Mayor Pitts stated that the request is on the doorstep now, and inquired as to Mr. McNeill’s recommendation for what to do at present. Mr. McNeill stated that the developer has followed the current policy to the letter and the only thing that can be done is to approve the plan and continue to look at the other issues. Council Member Keefe stated that if the City accepts the annexation agreement, that sometime in the future the City also accepts financial responsibility for installing sewer lines. PWC has started planning for this area to get rid of lift stations in certain areas and to install a gravity flow system. The projected time frame for completion of the project is 2006-2007, and the estimated cost of implementing the plan will be $3.5 million. A master plan with the County for the land use in the area needs to be implemented. Council Member Worthy suggested that the next step would be to meet with the County to resolve the issues. He inquired as to how quickly the City could have a discussion with the County and how quickly the Council could get an answer from the County. Mr. Stancil asked the Council their pleasure, to put the item back on the agenda as a consent item or for discussion. He stated that the developer had met all of the requirements, and the City could provide water without an annexation agreement. The item will be placed on the agenda as a regular item for discussion. 4. Budget Issues: Lisa Smith presented an update of the Budget Calendar, and what has been accomplished and what will be accomplished in the future months. A. Pay Survey Results Tracey Broyles explained the Market Based Pay Information, recapping the 1999/2000 pay study and showing the current pay range for City employees. She stated that employees are being paid on the low range of the pay scale and that the employee pay increases lag the studied market by approximately 6.5 percent. She stated that this lag impacts recruitment and retention, which impacts the ability to provide quality service to the citizens. She stated that the City has set a turnover target of 10 percent due to the transient nature of the community. The projected turnover rate for FY 2004-2005 is 12.45 percent. Council Member Keefe inquired if there was really that much difficulty filling vacancies and if positions were not being filled. Ms. Broyles stated that professional positions and also law enforcement positions are not being filled with qualified applicants. Mr. Stancil stated the difficulties were not any particular area, but throughout the pay scale. Mr. Stancil will present a recommendation on how to deal with the deficit when the budget is presented to the Council for approval. Council Member Kirby stated that City employees need to be taken care of before Council allots funds for other projects. She asked Mr. Stancil to explain where the money for employee raises would come from. He responded that employee raises would come from the general fund. Council Member Keefe asked what 6.5 percent increase would relate to in dollars and questioned if that would be approximately a 5 cent increase in the property tax. Mr. Stancil stated that a penny on the tax rate generates approximately $750,000.00. Council Member Kirby asked Council Member Keefe if he was insinuating that if Council approved raises for employees that they would have to raise property taxes. Council Member Keefe clarified that his question was if the increase were to come solely from property taxes, would property taxes stay at the same level. B. Debt Service Management Plan Lisa Smith explained that the Debt Management Plan is the funds that Council decides to set aside for the purpose of paying debt service. Debt service is principal and interest on long-term borrowings. The Plan relates to facilities and infrastructure, not relatively short-term debt for equipment, etc., but to items that take 15 to 20 years to pay off, such as buildings and sidewalks. The current set aside for debt is approximately 9 cents. This Debt Management Plan has served well for over 10 years. Ms. Smith explained where the Plan was in 2003 and where the Plan will be in the future. In January 2003 there were capital needs of over $83 million. A proposal was made for $32.6 million in bond projects with no increase in taxes. Approximately half of that money was for drainage, approximately one fourth was for street related projects and the balance was for a recreation center and fire station. Council voted to proceed with the Westover Recreation Center and FSU Fire Station in August 2003 without the bond referendum. The debt service capacity was used to fund both of the projects. Additionally the debt service capacity will also be used to fund the routine annual operating costs of the Fire Station. The Phase V annexation also impacted the Debt Management Plan. Taxes designated for the debt service plan were reduced by $216,000.00 annually to help offset costs resulting from the annexation delay. These funds are being used to operate public safety for the general City. Since January 2003 Council has refinanced a portion of the outstanding 1993 general obligation refunding bonds and the 1996 police administration building bonds. $499,000.00 was saved on a net present value basis, which results in additional debt capacity. The proposed Debt Service Tax for FY 2006 is 7.78 cents. Decline in debt service results in future capacity to issue new debt without raising the “Debt Service Tax” rate. A proposal was made to issue $27 million in bonds over the next seven years beginning with FY 2006. The amount of debt that can be issued is influenced by when the debt is issued. 5. Planning Issues: A. Hope Mills Road Jimmy Teal discussed the proposed Land Use Plan. He stated that the 2010 Plan has had areas of change. The Hope Mills Road Land Use Plan from Raeford Road to the City limits is one of those areas. Most of the properties along Hope Mills Road are small parcels, less than one-fourth acre. In order for businesses to develop, the business would have to either own more than one parcel or rehabilitate the existing house to accommodate the business. When the land use map is developed, some of the property may change from residential to professional. There would also be policies with the land use map so that if someone has more than one lot, the Zoning Commission and Council could look more favorably on rezoning to commercial. The Planning Commission is attempting to come up with a plan that gives the Zoning Commission and City Council the flexibility to look at the issues of each request individually. The Planning Commission will have a public meeting so that residents can express their opinions regarding possible zoning changes. The Land Use Plan does not change the current zoning. The Plan is a guide to use when making zoning decisions. Regarding the fees, the Planning Commission recommends adopting the Land Use Plan and allow the citizens and developers come in when they have their plan rather than to have City-initiated rezoning. B. Infill Development Former Council Member Anne Fogleman came before the Planning Commission to discuss a situation in her neighborhood where there are all single-family homes and then a condominium was built. The zoning ordinance and subdivision ordinance allowances are based on density and setbacks, and if a builder meets those allowances the development could be clustered. On a large tract of land, multi-family units could be built because the allowances are based on density. The Historic Resources Commission was also concerned with the same problem. A subcommittee of the Zoning, Planning, and Historic Resources Commissions was set up to look at infill development versus the overlay district. Infill development would apply City-wide, the overlay district would apply to just a particular area of the City. The infill development calls for allowing everything that builders and developers are doing now to continue, but provides that if the general characteristic of the neighborhood will be changed, a public hearing by the Planning Commission is required. Neighboring property owners would be advised so that they can view the plan and state their opinions. This plan follows the City of Raleigh’s ordinances. C. South Cool Spring Neighborhood Study Council requested the Zoning Commission to study this neighborhood. The area is zoned commercial. One of the residents wanted to rebuild a burned out house but was limited because the house was a nonconforming use and requested rezoning. The recommendation is to have a Land Use Plan. The Planning Commission recommends City-initiated rezoning to C1A, which allows limited commercial uses but does not allow the sale of alcohol. The C1A zoning meets the issue of what the neighbors requested. A public hearing is scheduled for March 1 so that residents and property owners will be able to comment. Mayor Pitts asked Mr. Stancil when he anticipated bringing capital, community wide and other proposals. Mr. Stancil stated at the next work session, or in the alternative he could set up several small work sessions so that interested parties could attend, meet with developers, and have any questions answered in that forum. Mayor Pitts stated that either of those forums was acceptable. The meeting adjourned at 7:35 p.m. REGULAR MEETING FEBRUARY 14, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 14, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3) (arrived at 7:25 p.m.); Darrell J. Haire (District 4) (departed at 10:51 p.m.); Lois A. Kirby (District 5); Paul Williams (District 6) (departed at 9:15 p.m.); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Stanley Victrum, Assistant City Manager Doug Hewitt, Strategic Initiatives and Corporate Communications Director Lisa Smith, Chief Financial Officer Jimmy Teal, Chief Planning Officer Victor Sharpe, Community Development Director Benjamin Nichols, Fire Chief Wilson A. Lacy, PWC Chairman Steven K. Blanchard, PWC General Manager Bill Martin, CCBC Jason Brady, Public Information Officer Janet C. Jones, City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Council Member Dawkins, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: Mayor Pitts recognized Boy Scout Troop 705, Fayetteville Christian Church. He stated the troop was working on their citizenship and community badges. 1. APPROVAL OF AGENDA City Attorney Karen McDonald requested to add a closed session to discuss an attorney-client privilege matter as Item 12.C. MOTION: Mayor Pro Tem Kirby moved to approve the agenda with the addition. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) 2. CONSENT: Council Member Dawkins requested to pull Item 2.A.2. Council Member Smith requested to pull Item 2.B.2. MOTION: Council Member Smith moved to approve the consent agenda with the exception of Items 2.A.2 and 2.B.2. SECOND: Council Member Worthy VOTE: PASSED by a vote of 8 in favor to 1 in opposition (Council Member Gonzalez) The following items were approved: A. Approve minutes: 1. Council work session of January 18, 2005. 2. Pulled for discussion by Council Member Dawkins. 3. Joint meeting with Cumberland County Legislative Delegation held on February 7, 2005. B. Approve the following financial matters: 1. Budget Ordinance Amendment 2005-5 (Fund Balance Designations for Capital Projects). This amendment will appropriate, in the general fund, the entire $2.45 million to be designated or transferred to the appropriate fund for the capital projects identified in the City Manager’s January 18, 2005, memorandum to City Council. The $500,000.00 appropriation for the senior center is reflected in the Parks and Recreation Budget. The remaining $1.95 million for the other capital projects is reflected in the Other Appropriations Budget and will be transferred out to other funds. Also, this amendment establishes the $200,000.00 budget for the Green/Gillespie streetscape project. The source of the funding for the project is $100,000.00 from the General Fund and $100,000.00 from the Central Business Tax District Fund. 2. Pulled for discussion by Council Member Smith. 3. Capital Project Ordinance 2005-8 (Gateways). This ordinance will appropriate a General Fund transfer of $250,000.00 approved by City Council for gateways. The project can proceed once City Council has approved the model for gateway development and the priority list. 4. Capital Project Ordinance 2005-9 (Cape Fear River Park Land). This ordinance will appropriate a General Fund transfer of $350,000.00 approved by City Council for land acquisition and other associated costs for the Cape Fear River Park. 5. Capital Project Ordinance Amendment 2005-10 (Martin Luther King, Jr. Park). This ordinance appropriates a General Fund transfer of $50,000.00 approved by City Council for development of the Martin Luther King Jr. Park. 6. Capital Project Ordinance Amendment 2005-11 (Freedom Park). This amendment appropriates $50,000.00 in additional funds from the General Fund approved by City Council for development of Freedom Park. 7. Capital Project Ordinance Amendment 2005-12 (Linear Park). This amendment appropriates a General Fund transfer of $50,000.00 for development of Linear Park. In addition, this amendment appropriates the donations and interest income received inception to date. 8. Resolution for the acceptance of NC DOT Aviation grant for storm water improvements at the airport. RESOLUTION. RESOLUTION NO. R2005-007 9. Capital Project Ordinance 2005-11 (Airport Storm Water Improvement). 10. Resolution of the City Council of the City of Fayetteville accepting the report of unpaid taxes and directing advertisement of tax liens. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ACCEPTING THE REPORT OF UNPAID TAXES AND DIRECTING THE ADVERTISEMENT OF TAX LIENS. RESOLUTION NO. R2005-008. 11. Offer to purchase a vacant City lot on Wright Street. C. Approve the following actions regarding the Fort Bragg/Pope Air Force Base Regional Land Use Advisory Commission: 1. Adopt revised Bylaws. 2. Approve $1,000.00 annual membership dues for FY 2005-2006. 3. Adopt resolution seeking funding from NC General Assembly in support of the Fort Bragg/Pope Air Force Base Regional Land Use Advisory Commission. RESOLUTION SEEKING NORTH CAROLINA GENERAL ASSEMBLY FUNDING FOR THE SUPPORT OF THE FORT BRAGG/POPE AIR FORCE BASE REGIONAL LAND USE ADVISORY COMMISSION (RLUAC). RESOLUTION NO. R2005-009. D. Adopt resolution pursuant to N.C.G.S. 160A-31 fixing a date for a public hearing for a petition-initiated contiguous annexation area (Landfall Condos - Located on the northern side of Cliffdale Road, adjacent to the current City limit line). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S 160A-31 (LANDFALL CONDOS – LOCATED AT THE NORTHERN SIDE OF CLIFFDALE ROAD, ADJACENT TO THE EXISTING CITY LIMIT LINE). RESOLUTION NO. R2005-010. E. Approve special permit for off-premise signs for the Exchange Club of Greater Fayetteville's annual barbeque event. F. Case No. P05-03F. Approve the initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located on Cliffdale Road and east of Town Creek Drive. Containing 24 acres more or less and being the property of the Montibello Association as evidenced by map and legal description furnished by the City of Fayetteville and annexed by the City of Fayetteville on January 10, 2005. G. Case No. P05-04F. Approve the rezoning from R6 Residential District to C3 Commercial District or to a more restrictive zoning classification for the property located at 1920 Pamalee Drive. Containing 0.69 acres more or less and being the property of Kenneth Decker as evidenced by deed recorded in Deed Book 6376, pages 522-523, Cumberland County Registry. A.2. Regular meeting of January 24, 2005. Council Member Dawkins pulled this item for clarification on Item 5 of the January 24, 2005, minutes, consider designation of funding for capital projects, and in particular the senior citizen appropriation for $500,000.00 and the discussion which had been held on senior activities versus one senior center. City Manager Roger Stancil stated his understanding was that activities had been selected over the center and that monies would be set aside with no allocations being made until an acceptable senior plan had been approved by the Council. Mr. Stancil stated the reasoning behind choosing activities had been that one center might not be the best solution and the Council would have the flexibility to do whatever was consistent with the approved plan. Council Member Dawkins inquired if action could be taken either on a center, centers, or activities as it stood. Mr. Stancil replied in the affirmative. MOTION: Council Member Dawkins moved to approve. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) B.2. Capital Project Ordinance 2005-7 (Paving Soil Streets). Council Member Smith pulled this item for discussion. She requested that traffic considerations and the number of complaints on the paving of streets be added to the list of criteria for determining the priority of the paving of the soil streets. MOTION: Council Member Smith moved to add traffic considerations and calls and complaints to the list. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) 3. PUBLIC HEARINGS: A. Case No. P04-72F. Consider the rezoning from R5A Residential District to P2 Professional District or to a more restrictive zoning classification for the property located at 2813 Luther Avenue. Containing 1.67 acres more or less and being the property of Olivia Billings Farrell as evidenced by deed recorded in Deed Book 5893, pages 690-694, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He reviewed the current land use and the current zoning. Mr. Teal reported that the Breezewood Avenue Study, which had been approved by the City Council in 1997, had changed the Land Use Plan on Breezewood Avenue and north of the Aberdeen and Rockfish Railroad track along Purdue Drive to a professional zoning category. He explained that this left the land use of the property located south of the railroad medium-density residential. Mr. Teal stated the 2010 Land Use Plan had been updated to reflect the results of the Breezewood Study. He pointed out that the property abutted low- and medium-density residential uses including a continuing care facility. Mr. Teal stated that both the Zoning Commission and the Planning staff recommended denial of the rezoning request. Council Member Massey arrived at 7:25 p.m. This is the advertised public hearing set for this date and time. The public hearing opened at 7:27 p.m. Mr. Jackie Hairr, 220 Dobbin Avenue, Fayetteville, NC, appeared on behalf of the property owner who would like to build a 30,000 square feet office building on the property. Mr. Hairr pointed out that multi uses surrounded the property, Village Green was a commercial venture, and the tax base would be increased when the project was completed. He stated the trash dumpster abutting the property was not aesthetically pleasing and the multi-story building would not affect the quality of life of the residents of the nursing home. Mr. Jonathan Charleston, Attorney for HC Enterprises, 201 Hay Street, Fayetteville, NC, stated there were 300 senior citizens in the Carolina Inn and Village Green Nursing Facility who had the right to privacy, dignity, and peace of mind. Mr. Charleston objected to the rezoning because the building would be intrusive and invade the seniors’ privacy. He stated there was no opposition to residential development of the property and there was a need to maintain the railroad as the natural buffer. He also stated the petitioner could not successfully complete his project on the property. Mr. Jackie Hairr appeared in rebuttal. He stated the Breezewood Study was antiquated and did not apply anymore. Mr. Hairr stated that contrary to what had been said by Mr. Charleston, he was a licensed professional contractor and he could do the project as presented. Mr. Hairr stated that in his opinion the Village Green facilities had not been planned well and he did not think neither the erosion nor insurance coverage would allow the senior citizens to walk on the property adjacent to the petitioner’s property. Mr. Charleston offered rebuttal and asked the Council to follow their policy and deny the rezoning request. There was no one further to speak and the public hearing closed at 7:50 p.m. MOTION: Council Member Williams moved to rezone to P2. SECOND: Council Member Worthy Discussion was held with Council Members Williams, Kirby, and Worthy expressing their support for the rezoning and Council Member Gonzalez expressing her opposition. VOTE: FAILED by a vote of 4 in favor (Council Members Williams, Smith, Worthy and Kirby) to 6 in opposition B. Case No. P05-01F. Consider the rezoning from M2 Industrial District and C1P Commercial District to R6 Residential District or to a more restrictive zoning classification for the property located at 3802 Raeford Road. Containing 9.05 acres more or less and being the property of Lauren Anderson, William Clark, and Ian Ritchie as evidenced by deed recorded in Deed Book 3647, pages 655-662, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He reviewed the current zoning and the current land use. Mr. Teal reported that the property was currently zoned M2 Industrial and C1P Commercial and until the property was rezoned to a residential district there could be no residential development. He stated the abutting property was known as Buckhead Subdivision. Mr. Teal reviewed the traffic pattern on Ferncreek Drive and Raeford Road. He stated a study had indicated the traffic signal at the intersection of Raeford Road and Ferncreek Drive would accommodate the increase in traffic resulting from the condominium project and left-hand turns onto Raeford Road could be accomplished in a single light cycle except under extreme circumstances. Mr. Teal advised that the Zoning Commission and the staff had recommended approval of the requested R6 rezoning because it had been felt that residential uses would be more appropriate in this location than industrial uses. He further stated that the railroad right-of-way provided a 100-foot buffer between the existing residential development and the proposed multi-family development. Council Member Gonzalez inquired if there was an entrance to the property on Raeford Road. Mr. Teal responded that the plan was to enter and exit on Ferncreek Drive because it would allow usage of the traffic light for egress and ingress. He stated he felt NCDOT would not issue a driveway permit onto Raeford Road. Mr. Teal advised that a dog food plant, a parking lot for tractor trailer trucks, and concrete plants were some of the current permitted uses for the property. This is the advertised public hearing set for this date and time. The public hearing opened at 8:20 p.m. Mr. Terry Hutchens, 4317 Ramsey Street, Fayetteville, NC, appeared on behalf of the developers. He reviewed the site plan and stated the plan depicted responsible development. Mr. Hutchens stated the storm water issues would be addressed, the fair market and tax values of the property would be increased, and the City traffic engineers had said the traffic on Ferncreek Drive and Raeford Road could be handled. Mr. Hutchens stated the proposed project of 88 upscale condominiums selling for $160,000.00 to $180,000.00 would be an asset to the area. He requested the property be rezoned. Mr. Jeff Nobles, 1333 Morganton Road, Fayetteville, NC, stated he was an engineer with Larry King and Associates and had been actively involved with the storm water runoff issues. He stated three rain gardens would be installed which would result in a decrease in the runoff and the storm water problem would be better than it was currently because 68 percent of the runoff would be retained on the site. Mr. John Andrus, Fayetteville, NC, stated he had done a traffic study and had determined the increased traffic count could be handled in an efficient manner. He stated his opinion concurred with the recommendations of the Planning staff. Dr. Srinivas Munugoti, 3634 Cape Center Drive, Fayetteville, NC, appeared in opposition to the rezoning. He stated he had purchased the property for its close proximity to Cape Fear Valley Hospital and he had concerns about the increased traffic, the loss of any control on the character of the single-family neighborhood, and the possibility of the condominiums becoming rental property which would result in a decrease in the property values in Buckhead. Dr. Andre Hall, 4508 Weaverhall Drive, Fayetteville, NC, appeared in opposition to the rezoning. He stated he welcomed the alternative as opposed to what could currently be built on the property, but he had concerns about any contracts/agreements with developers because they were difficult to enforce. Dr. Hall stated he spoke from experience because he was a former resident of New Castle Subdivision and all promises made to the homeowners had been broken. Dr. Hall stated he would be in favor of building an upscale professional project because the increased traffic would end when the neighborhood went to work and there would be no weekend traffic. He requested the rezoning request be denied. Mr. Guy Glatz, 595 Meldon Road, Fayetteville, NC, stated he did not have anything new to add other than he was opposed to the rezoning and would like for the rezoning to be denied. There was no one further to speak and the public hearing closed at 8:45 p.m. Discussion was held regarding the storm water drainage issue, the traffic issue, the Raeford Road access issue and the time sequence of the left turn on the traffic signal located at Ferncreek Drive and Raeford Road. Discussion was held regarding the existing storm water and flooding problems in the Buckhead Subdivision. It was decided that this problem needed to be studied and dealt with as soon as possible. MOTION: Council Member Williams moved to rezone to R6. SECOND: Council Member Dawkins VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Mayor Pitts) C. Case No. P05-02F. Consider the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for the property located at 1011 Cain Road. Containing 0.98 acres more or less and being the property of Brock Holdings, LLC, as evidenced by deed recorded in Deed Book 6555, pages 80-81, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He reviewed the current zoning and the current land use. He reported the 2010 Land Use Plan recommended low-density residential and the property was surrounded by R10 residential uses with the exception of one lot. Mr. Teal reported that the Zoning Commission recommended approval of the rezoning and the Planning staff recommended denial. This is the advertised public hearing set for this date and time. The public hearing opened at 9:10 p.m. Mr. Nephi Brock, 2321 Hope Mills Road, Fayetteville, NC, stated he wanted to put eight units on the property He requested the property be rezoned. Mr. Aaron Brock, 2321 Hope Mills Road, Fayetteville, NC, appeared in favor of the rezoning, but declined to speak. There was no one further to speak and the public hearing closed at 9:12 p.m. MOTION: Council Member Keefe moved to rezone to R6. SECOND: Council Member Haire VOTE: UNANIMOUS (10-0) Council Member Williams departed the meeting at 9:15 p.m. 4. PWC Matters: A. Strategic Business Report Mr. Wilson Lacy, PWC Chairman, presented the Strategic Business Decisions Report by reviewing the items on the report. Mr. Lacy reported the work by PWC on the 200 block of Person Street would be started this week, and he invited the City Council to attend their FY 2006 budget meeting and strategic planning sessions scheduled for March 14, 15, and 16 with Lyle Sumek. Mr. Steve Blanchard, PWC General Manager, presented the 2005 centennial highlights being proposed for PWC’s celebration of 100 years of service to the Fayetteville area. He stated the City and PWC would participate together in the planned events and a kickoff ceremony was being scheduled at 8:30 a.m. on March 4, 2005, and a state legislative proclamation would be presented in Raleigh on March 3, 2005. Mr. Blanchard advised PWC would be planting 100 trees for 100 years in the City parks and on City trails. He also advised there would be a tree planting in the MLK Park, work would be done on the Fountain Head Lane Spring to make it a future historic site, and a water fountain would be placed at Freedom Park by PWC at no cost. Mayor Pro Tem Kirby inquired if PWC was responsible for the pink signs on the Dogwood Trail. Mr. Blanchard replied the Dogwood Trails Group would be responsible for the signs. Council Member Keefe congratulated PWC on their centennial celebration and the receipt of the United Way Spirit of North Carolina Employees Award for 2004. Mr. Blanchard stated the employees of PWC deserved the credit and should receive the thank you for their contributions to the United Way. Council Member Dawkins inquired about the budget for the centennial celebration. Mr. Lacy responded the tree planting and the fountain would be from $40,000.00 to $50,000.00. He explained the funding had been approved in the budget for last year and those were the funds that would be used. Council Member Dawkins questioned the cost of several items purchased in the past by PWC. He told Mr. Blanchard and Mr. Lacy he wanted the line item figures on all of the costs of the centennial celebration and that things were going to change in regards to how PWC funds, which were ratepayers’ funds, were going to be spent and that there would also be changes made to the accountability of PWC to the City. Mayor Pitts requested that Mr. Dawkins pursue his line of questioning in another forum at another time. He stated a report was forthcoming on the centennial budget. Mayor Pitts closed the meeting for five minutes. Mayor Pitts resumed the meeting. Council Members Worthy, Gonzalez, Smith and Haire congratulated PWC on their centennial celebration. 5. Report on Second Quarter 2004 Strategic Plan. Mr. Doug Hewitt, Strategic Initiatives and Corporate Communications Director, and Mr. Bill Martin, Cumberland County Business Council, presented this item. They reviewed the 2nd Quarter Report which detailed the staffs’ and the Cumberland County Business Council’s work in achieving the Council’s strategic plan on the Festival Park, the relationship between PWC and the City, the status of the federal representative lobbyist, the Military Resource Center, the Cape Fear River projects, Parks and Recreation, solid waste services and the potential City bond issue. 6. Presentation by Fayetteville Area Convention and Visitor’s Bureau regarding community-wide “Patriotism” campaign. Mr. John Meroski, Director of the Fayetteville Area Convention and Visitor’s Bureau, presented this item. He asked the City Council to adopt the “patriotism” concept, to agree to take on responsibilities, to move toward a unified image and to utilize the recommended logo and letterhead suite for designating Cumberland County as the most patriotic community in the United States of America. MOTION: Council Member Haire moved to adopt the concept. SECOND: Council Member Keefe VOTE: UNANIMOUS (10-0) 7. Consider annexation agreement for Hummingbird Place Subdivision in consideration of receiving PWC water service. City Manager Roger Stancil presented this item. He stated the project referred to as Hummingbird Lane was located near the Baywood Development on the east side of the Cape Fear River which had sewer and was served by wastewater lift stations and a force main that pumps back into Fayetteville for eventual treatment at the Rockfish Creek wastewater treatment plant. Mr. Stancil reported those lift stations were at capacity and could not accept additional flow from the Hummingbird development. He said PWC was currently evaluating alternatives for expanding services to this area, but any decisions about expanded service would be coordinated with City and County staff in keeping with the 2030 Land Use Study which was currently underway. Mr. Stancil stated the developer had followed all the rules, the County had approved the development plan, and water had been requested from PWC. He stated the Council’s policy was to do an annexation agreement because the area was more than three miles from the City limits. Mr. Stancil recommended approval of the annexation agreement thereby holding open options for future City Councils when the development occurred. He also recommended that the issue of how to keep this type of development from occurring be referred to the Joint Water and Sewer Committee. MOTION: Council Member Dawkins moved to approve the annexation agreement and refer to the Joint Water and Sewer Committee. SECOND: Council Member Worthy Council Members Gonzalez and Keefe expressed their inability to support the motion which encouraged development with septic tanks. A discussion was held regarding the pros and cons of septic tank usage and doing an annexation agreement. City Attorney Karen McDonald informed the Council that when agreements were negotiated any stipulation could be imposed in exchange for the extension of water and sewer. VOTE: PASSED by a vote of 8 in favor to 2 in opposition (Council Members Gonzalez and Keefe) 8. Consider amendment to Municipal Agreement and award of construction contract for Amtrak Station Improvements to Progressive Contracting Company, Inc. for the base bid amount of $527,000.00. City Manager Roger Stancil presented this item. He stated Progressive Contracting Company, Inc., was a licensed contractor who had completed three projects with the NC Department of Transportation and had met the current bidding requirements Mr. Stancil recommended award of the contract and adoption of the supplemental agreement. Bids were received as follows: Progressive Contracting Company, Inc. (Sanford, NC) $527,000.00 WECC, Inc. (Fayetteville, NC) $549,889.00 Spruill Construction (Linden, NC) $578,000.00 COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R2005-011. MOTION: Council Member Dawkins moved to approve. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) 9. Consider the following actions for the Fayetteville State University Fire Station. City Manager Roger Stancil presented this item. He recommended awarding the contract to Ellis-Walker Builders and adopting the capital project ordinance. A. Award construction contract to Ellis-Walker Builders, Fayetteville, NC, for the amount of $2,975,000.00. Bids were received as follows: Pro Construction, Inc. (Jacksonville, NC) $2,971,900.00 Ellis-Walker Builders (Fayetteville, NC) $3,035,000.00 Fbi Construction (Florence, SC) $3,123,312.00 M&E Contracting (Fayetteville, NC) $3,223,185.00 Burney & Burney Construction (Fayetteville, NC) $3,770,650.00 B. Adopt Capital Project Ordinance Amendment 2005-13 (Fayetteville State University Fire Station and Training Facility Project). MOTION: Council Member Smith moved to approve. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) 10. BOARDS AND COMMISSIONS: A. APPOINTMENTS: 1. North Carolina Firemen's Relief Fund Board of Trustees - 1 appointment needed Fire Chief Benjamin Nichols was appointed by acclamation. 2. Fair Housing Board - 1 appointment needed Mr. Harold Thompson was appointed by acclamation. B. Nominations 1. Public Arts Commission - 3 vacancies (1 Museum of Art member and 2 Arts Council members) 2. Museum of Art Member - 1 vacancy - 1 nomination needed Council Member Keefe nominated Virginia Oliver. 3. Arts Council Members - 2 vacancies - 2 nominations needed Council Member Keefe nominated Soni Martin and Socorro Hernendez-Hinek. 11. ADMINISTRATIVE REPORTS A. Update on Council Projects. B. Update on Park Projects. Mayor Pitts stated he wanted the park to be completed in time for the International Festival in September. C. Council meeting schedule. City Manager Roger Stancil reviewed the dates of the upcoming meetings. D. Joint City/PWC Staff meeting minutes. Mr. Stancil reported that the Joint Purchasing Agreement had been executed, and the draft agreement for Fleet Maintenance would be ready by February 4, 2005, for staff review. 12. Consider closed session to discuss the following: A. Property acquisition B. Confidential information C. Consultation with Attorney. MOTION: Council Member Keefe moved to go into closed session to discuss property acquisition, confidential information, and consultation with attorney. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) The regular session recessed at 10:50 p.m. Council Member Haire departed the meeting at 10:51 p.m. MOTION: Council Member Smith moved to come out of closed session. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (10-0) The regular session resumed at 11:17 p.m. INFORMATION ITEMS: 1. Statement of taxes collected for the month of January 2005 from the Cumberland County Tax Administrator. 2004 Taxes $7,340,821.27 2004 Vehicle Taxes 285,515.74 2004 Revit 28,007.73 2004 Vehicle Revit 348.43 2004 FVT 34,004.60 2004 Storm Water 416,737.43 2003 Taxes 20,026.34 2003 Vehicle Taxes 43,121.79 2003 Revit 0.00 2003 Vehicle Revit 16.92 2003 FVT 5,900.04 2003 Storm Water 1,882.38 2002 Taxes 7,043.70 2002 Vehicle Taxes 1,865.58 2002 Revit 0.00 2002 Vehicle Revit 0.00 2002 FVT 390.26 2002 Storm Water 951.61 2001 Taxes 2,378.50 2001 Vehicle Taxes 866.34 2001 Revit 0.00 2001 Vehicle Revit 0.00 2001 FVT 220.83 2001 Storm Water 375.03 2000 and Prior Taxes 1,661.83 2000 and Prior Vehicle Taxes 3,320.67 2000 and Prior Revit 0.00 2000 and Prior Vehicle Revit 0.00 2000 and Prior FVT 673.93 2000 and Prior Storm Water 224.39 Interest 30,244.65 Interest (Revit) 178.08 Interest (Storm Water) 1,465.80 Fayetteville Discount (Current) 0.00 Fayetteville Discount (Revit) 0.00 Total Collections $8,228,243.87 2. Police Department - report from the Office of Professional Standards and Inspections for the month of December 2004. 3. Human Relations Commission - minutes of January 20, 2005. MOTION: Council Member Smith moved to adjourn the meeting. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (10-0) The meeting adjourned at 11:20 p.m. ANNUAL RETREAT FEBURARY 15, 2005 FAYETTEVILLE CITY COUNCIL ANNUAL RETREAT THIRD FLOOR TRAINING ROOM, CITY HALL FEBRUARY 15, 2005 5:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1) (arrived at 5:45 p.m., excused at 7:45 p.m.); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3) (arrived at 7:30 p.m.); Darrell J. Haire (District 4) (arrived at 5:30 p.m., excused at 9:00 p.m.); Lois A. Kirby (District 5); Curtis Worthy (District 7); Johnny Dawkins (District 9) Absent: Council Members Paul Williams (District 6); Juanita Gonzalez (District 8) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Kyle Sonnenberg, Assistant City Manager Doug Hewett, Strategic Initiatives and Corporate Communications Director Jason Brady, Public Information Officer Lyle Sumek, Sumek & Associates, Inc. Don Worthington, The Fayetteville Observer Mayor Pitts called the retreat to order at 5:05 p.m. and turned the meeting over to facilitator Lyle Sumek. Mr. Sumek presented the agenda for the evening to City Council. Following silent approval of the agenda, Mr. Sumek and Council discussed a variety of issues related to effective teams and communication styles. Council recessed briefly at 6:00 p.m. for dinner and then continued discussions of City successes during 2004. Retreat adjourned at 9:05 p.m.. Next retreat session to be held on Thursday, March 17, 2005, at 5:00 p.m. in the Third Floor Training Room, City Hall, 433 Hay Street. REGULAR MEETING FEBRUARY 28, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 28, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Absent: Council Member Darrell J. Haire (District 4) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Stanley Victrum, Assistant City Manager Doug Hewitt, Strategic Initiatives and Corporate Communications Director Jimmy Teal, Chief Planning Officer Jason Brady, Public Information Officer Janet C. Jones, City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Pastor Steven Byrd, Berean Baptist Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: 1. Special Events The Mayor and Council members reviewed the special events for the month of March 2005. RECOGNITION: A. Presentation of Proclamation in honor of the National Education Association’s Read Across America program. Mayor Pitts presented a Proclamation in honor of the National Education Association’s Read Across America program to Ms. Catherine Sigmon-Mitchell, President of the Cumberland-Fayetteville Association of Educators, and Mr. Eric Wilkerson, Dr. Seuss. B. Presentation of Certificate of Achievement to 12-year-old Leron Lee. Mayor Pitts presented a Certificate of Achievement to 12-year-old Leron Lee for saving his entire family on December 3, 2004, by remembering what to do in a fire emergency. Leron awoke to the sound of fire alarms in his home and immediately responded to the emergency by waking the remaining members of his family and enabling everyone to get out of the house safely. Mayor Pitts reported Leron had stated he had learned what to do in this situation during fire prevention activities at his school. Leron received a standing ovation for his bravery from the citizens in the audience and the City Council members. C. Presentation of Proclamation in honor of The Reverend Dr. Aaron J. Johnson. Mayor Pitts presented the following Proclamation in honor of The Reverend Dr. Aaron J. Johnson: City of Fayetteville Office of the Mayor PROCLAMATION WHEREAS, Dr. Aaron J. Johnson, an icon in the civil rights movement in Fayetteville, North Carolina, has worked tirelessly to promote good will among all citizens; AND WHEREAS, starting in 1960 through the present time, Dr. Aaron J. Johnson has been the senior pastor of the Mount Sinai Missionary Baptist Church, 1217 Murchison Road. Under his leadership, a new church was built, a daycare center established, and a housing complex constructed for low-income families; AND WHEREAS, Dr. Johnson was a member of the Governor’s Good Will Council, City of Fayetteville Human Relations Commission, and numerous other boards, commissions and committees. He was elected to three terms as a member of the Fayetteville City Council, serving from 1979-1985. December 5, 1983, he was unanimously elected Mayor Pro Tem; AND WHEREAS, Dr. Johnson was sworn in as the sixth secretary of the North Carolina Department of Correction in January 1985 and served through February 1992. He made a concerted effort to ensure North Carolina’s Correctional System was fair, humane and constitutionally defensible. He standardized policies and procedures throughout the department, promoted prison reform and community correction, and diligently worked for programs that enhanced prospects for successful rehabilitation of offenders; AND WHEREAS, he has served this community in many roles to include: as a husband, parent, civil rights activist, crusader, pastor, counselor, and exemplary citizen. On January 28, 2004, he was honored as the Grand Marshall during the Martin Luther King, Jr. Parade, and numerous prestigious agencies and service organizations have bestowed awards and recognitions on him. He is commended for using his gifts, talents and abilities to help improve the quality of life in our All-America City. NOW THEREFORE, I, Marshall B. Pitts, Jr., Mayor of the City of Fayetteville, North Carolina, do hereby proclaim Monday, February 28, 2005, to be THE REVEREND DR. AARON J. JOHNSON DAY in Fayetteville – our City of History, Heroes, and a Hometown Feeling and commend this observance to the citizens in honor of his industrious work in the areas of civil rights, pastoral leadership and community involvement for more than 45 years. Marshall B. Pitts, Jr. Mayor 1. APPROVAL OF AGENDA City Attorney Karen McDonald requested to add a closed session for consultation with the attorney as Item 12. MOTION: Council Member Smith moved to approve the agenda with the addition of a closed session. SECOND: Council Member Massey VOTE: UNANIMOUS (9-0) 2. PUBLIC FORUM: Mr. Skip Carr, P.O. Box 2769, Fayetteville, NC, shared with the Council how his company, On The Town TV, was promoting the City of Fayetteville as a great place to live. He asked the Council to consider the proposal and request for funding he had submitted to the staff for the promotion of Fayetteville. Dr. David Hayes, 1702 McGougan Road, Fayetteville, NC, stated he was skeptical about the economic benefits of the 300 block of Hay Street project because when economic development was moved around Fayetteville he thought there should be a high standard as to whether it benefited the community as a whole. He stated he was concerned about economic diversion being emphasized over economic growth. Dr. Hayes said there needed to be growth over the entire City and this project would be moving people downtown who already lived in Fayetteville as opposed to adding new citizens and new jobs. Dr. Hayes stated he felt economic development and help for entrepreneurs were needed, but he felt there should be a policy on providing support which had a transparent and explicit logic that would provide guidelines that could be used by future developers. Dr. Hayes stated that if the Council felt compelled to offer support to this particular entrepreneurial project, it should be offered in such a way that a precedent would be set and uncertainty would be removed for future entrepreneurs. Dr Hayes stated that whether or not the 300 block of Hay Street got built, downtown development would be aided by the Council setting a clear public policy. He expressed his desire that some skepticism about this project would remain with the Council members. Mr. George Hatcher, 2735 Arlington Avenue, Fayetteville, NC, addressed the Council regarding the Luther Avenue rezoning issue, which had been denied at the last City Council meeting. Mr. Hatcher requested the Council reconsider the rezoning issue because the property was currently being used as a dumping ground and was not being used at its fullest potential. He recommended rezoning to professional. Mr. Paul Williams, 1509 Berkshire Road, Fayetteville, NC, proposed as an alternative to the City of Fayetteville becoming the most patriotic community in America, it become the most economically-free City in the country and allow the private sector to drive the economy. He stated this would encourage economic development and bring more people and businesses to the Fayetteville area. Mr. Williams stated an atmosphere must be created to generate success and prosperity. Mr. Williams proposed a contest be held to determine the easiest and best ways to make Fayetteville the most economically-free City as it related to City government. He stated more growth would allow more taxes without raising the tax rate, would create better paying jobs, would give college graduates better opportunities, would create more job startups, would give a better quality of life, and would create more opportunities for women and minorities. 3. CONSENT: MOTION: Council Member Keefe moved to approve the consent agenda. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (9-0) The following items were approved: A. Approve minutes: 1. Council work session of February 7, 2005. 2. Regular meeting of February 14, 2005. 3. Council annual retreat session held on February 15, 2005. B. Approve the following financial matters: 1. Tax refunds greater than $100.00. Name Year Basis City Refund George M. Rose and J. Gary 2004 Corrected Assessment $1,156.76 Ciccone Partnership Total $1,156.76 2. Bid award for Outdoor Power Vacuum Circuit Breakers to Wesco Distribution, Raleigh, NC, low bidder, in the amount of $223,896.00. (PWC) Bids were received as follows: Wesco Distribution (Raleigh, NC) $223,896.00 Hughes Supply, Inc. (Wake Forest, NC) $250,080.00 Areva T&D (Warner Robins, GA) $257,094.00 Siemens Power T&D, c/o NTS (Raleigh, NC) $268,260.00 S&C Electric, c/o Robert W. Chapman (Charlotte, NC) $308,580.00 3. Antenna Attachment Agreement at the Cliffdale Water Tower with Raleigh-Durham MSA Limited Partnership, d/b/a Alltell. (PWC) C. Adopt demolition ordinances for the following properties: 1. 213 Hawthorne Road (PIN 0438-42-6620); Owners: Mary Lee Trollinger; Heirs: Lula Angilean Gray. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-001. 2. 431 North King Street (PIN 0447-14-1338); Owner: Larry Wayne Gibson. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-002. D. Authorize sale of City property to City of Fayetteville Linear Park, Inc. RESOLUTION. RESOLUTION NO. R2005-012. 4. PUBLIC HEARINGS: A. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation area by Landfall Partners, LLC (located on the northern side of Cliffdale Road, adjacent to the current City limit line). Mr. Jimmy Teal, Chief Planning Officer, presented this item. He reported the property owners had petitioned for annexation and the property was contiguous to the current City limit line and could be serviced with existing City services. Mr. Teal stated 120 condo units would be constructed and the streets within the development would be private and therefore the City would not require sidewalks or concrete curb and gutters. Mr. Teal recommended adoption of the annexation ordinance to be effective February 28, 2005. This is the advertised public hearing set for this date and time. There was no one present to speak and the public hearing opened and closed at 7:55 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (LANDFALL CONDOS – LOCATED ON THE NORTHERN SIDE OF CLIFFDALE ROAD, WEST OF REILLY ROAD). ANNEXATION ORDINANCE NO. 2005-02-479. A discussion was held regarding the required standards for City streets. Mr. Teal stated the street surface and base must be built according to City standards but concrete curbs and sidewalks were not required on private streets located within the City. Mr. Teal stated if a request was made for City maintenance, retrofitting would be required before the streets could be accepted. MOTION: Council Member Worthy moved to accept the proposed annexation into the City within the next 30 days with the stipulation that the private streets would have to meet City standards before any approval of the streets being taken over by the City could be done. SECOND: Council Member Smith Discussion was held about the stipulation regarding the acceptance of the streets by a future City Council. City Attorney Karen McDonald stated a specific effective date for the annexation needed to be set. Council Member Worthy stated he would accept the specific date of February 28, but he still wanted the stipulation of the City standards for the streets to be in the motion. Ms. McDonald stated the Council would upon request have the opportunity to accept or reject the maintenance of the streets and could require curb and gutters and sidewalks. Mayor Pitts stated he thought the issue was whether a future City Council could be bound by actions of this Council. City Manager Roger Stancil stated the current policy addressed the issue and it was not necessary to include it in the motion. Council Member Worthy withdrew the stipulation from the motion. VOTE: PASSED by a vote of 8 in favor to 1 in opposition (Council Member Gonzalez) 5. Consider request by The Preserve at Grande Oaks, Phase II, for payment in lieu of constructing sidewalk along Morganton Road. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated Mr. Jimmy Kizer had requested a sidewalk waiver with a payment of $17,578.00 being made in lieu of the sidewalk. Mr. Teal reported that the Planning Commission had recommended acceptance of the payment in lieu of a sidewalk. Mr. Jimmy Kizer of Moorman, Kizer, Reitzel stated he had based his request on the topography, the existing pond, and the guardrail along Morganton Road. He also pointed out that the installation of the sidewalk for Morganton Road had been done on the north side and this property was on the south side of Morganton Road. MOTION: Council Member Keefe moved to follow the recommendation and to accept the payment of $17,578.00 in lieu of sidewalks. SECOND: Council Member Dawkins VOTE: UNANIMOUS (9-0) 6. Consider resolution supporting a state phase-out and assumption of the County share of medicaid expenses. Mayor Pitts presented this item. He stated he had requested to amend the original resolution by adding the phrase “in a manner that does not negatively affect local revenue sources and expenditure requirements”. He recommended adoption of the amended resolution. RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL SUPPORTING A STATE PHASE-OUT AND ASSUMPTION OF THE COUNTY SHARE OF MEDICAID EXPENSES. RESOLUTION NO. R2005-013. MOTION: Council Member Smith moved to adopt the resolution with the recommended addition. SECOND: Council Member Massey VOTE: UNANIMOUS (9-0) 7. Report from City-County Liaison Committee: Council Member Massey, Chair, presented this item. He referred the Council members to the minutes that reflected the discussion that had taken place at the meeting. A. Election of Chairperson and Vice Chairperson Mr. Massey reported he had been elected Chair and Commissioner Jeannette Council had been elected Vice-Chair for the upcoming year. B. Presentation by John Malzone & Associates regarding a matter of economic development (no action taken). D. Discussion of County’s financial support for a transit plan (no action taken). E. Status report on the gateways by the Chairperson of the Joint Appearance Commission (no action required). F. Update request for proposals for development of a Joint Comprehensive 2030 Plan (no action required). G. Discussion of senior citizen center and request for proposals development. (This item was tabled until the next Committee meeting on April 28, 2005.) H. Update on collaboration of recycling. (This item was tabled until the next Committee meeting on April 28, 2005.) Council Member Massey inquired if the Council had any referrals for the City-County Liaison Committee. There were no referrals. 8. Consider canceling March 14, 2005, Council meeting due to National League of Cities Congressional Cities Conference in Washington, D.C., March 11-15. City Manager Roger Stancil presented this item. MOTION: Council Member Worthy moved to cancel the meeting. SECOND: Council Member Dawkins VOTE: UNANIMOUS (9-0) 9. Consider the following item requested by Council Member Paul Williams: A. Consider a Council-initiated rezoning for property located at 2813 Luther Avenue. Council Member Williams presented this item. MOTION: Council Member Williams moved to reinitiate the zoning process on the property located at 2813 Luther Avenue from R5A to P1. SECOND: Council Member Worthy Council Member Keefe stated he could not support the motion because it would allow any zoning item that had not passed to be brought up by any City Council member and he felt this type of action would be subversive to the intent of the ordinance. Council Member Gonzalez stated this was the wrong way to do business and she felt something was going on behind the scenes with rezoning. Council Member Worthy stated he saw nothing unethical in the Council member’s proposal, and the P1 request lined up with the other zoning in the area. He stated a disservice had been done to the citizen who had requested the rezoning and this action would get something done. Mayor Pitts stated that in rezoning matters in the past issues had usually been resolved with an alternative proposal being presented and in this instance it had not been done, and he felt that if an alternative zoning had been presented it would have been accepted. VOTE: PASSED by a vote of 5 in favor to 4 in opposition (Council Members Gonzalez, Keefe, Massey and Dawkins) City Attorney Karen McDonald advised that this item would have to go back to the Zoning Commission with the rezoning process starting over. 10. Boards and Commissions: A. Nominations 1. Public Arts Commission - 3 vacancies (1 Museum of Art member and 2 Arts Council members). a. Museum of Art Member - 1 vacancy No nominations were made. b. Arts Council Members - 2 vacancies No nominations were made. 11. ADMINISTRATIVE REPORTS A. Public forum responses. B. Update on Joint City-County Human Relations agreement. 12. Closed session for consultation with attorney. MOTION: Council Member Worthy moved to go into closed session. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (9-0) The regular session recessed at 8:30 p.m. MOTION: Mayor Pro Tem Kirby moved to come out of closed session. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) The regular session resumed at 9:04 p.m. INFORMATION ITEMS: 1. Report on tax refunds less than $100.00. Name Year Basis City Refund Partner, Keith L. 2004 Corrected Assessment $8.59 Total $8.59 2. Mayor’s Coalition Meeting - minutes of November 12, 2004. (Also agenda for meeting held on February 11, 2005.) 3. Report on grant for stream restoration. 4. Quarterly Financial Review for six-month period ending December 31, 2004. 5. Information from FAEDC regarding Center City Industrial Park. 6. NCLM Legislative Bulletin (February 11, 2005, Edition). 7. Airport Commission - minutes of January 25, 2005. 8. FACVB - minutes of December 2, 2004. 9. Status of ongoing annexation projects. MOTION: Council Member Massey moved to adjourn the meeting. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) The meeting adjourned at 9:05 p.m. WORK SESSION MARCH 7, 2005 FAYETTEVILLE CITY COUNCIL WORK SESSION LAFAYETTE ROOM, CITY HALL MARCH 7, 2005 6:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Darrell J. Haire (District 4); Lois Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Absent: Council Member Robert A. Massey, Jr. (District 3) Staff Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Doug Hewitt, Strategic Initiatives and Corporate Communications Director Robert Barefoot, Chief Operating Officer for Engineering and Maintenance Lisa Smith, Chief Financial Officer Jason Brady, Public Information Officer Janet C. Jones, City Clerk Others Present: Wilson Lacy, PWC Chairman Terri Union, PWC Vice Chairwoman Luis Olivera, PWC Secretary Michael G. Lallier, PWC Treasurer Steve Blanchard, CEO/General Manager PWC Staff The meeting was called to order by Mayor Pro Tem Kirby. 1. Approval of Agenda Council Member Worthy requested to remove Item 2.a, Phase V Annexation, from the agenda. MOTION: Council Member Worthy moved to approve the agenda with the removal of Item 2.a. SECOND: Council Member Smith VOTE: UNANIMOUS (9-0) 2. Continuation of January 10, 2005, meeting with City Council and Public Works Commission: a. Phase V annexation. This item was removed from the agenda. b. Rates – inside and outside the City. Mr. Steve Blanchard, PWC CEO/General Manager, stated that in order to expedite the items, he would like the Council members to ask specific questions regarding information they would like to know. Mr. Roger Stancil, City Manager, reported he had talked with managers of other cities with water and sewer facilities and it was a common practice in North Carolina to charge differential rates. He stated when grants were used to provide water treatment, it required that everyone be treated the same and when debt services/capital projects were being paid, it was usually paid by persons outside the city. Mr. Stancil stated that he would like to go by the timetable he had submitted and bring this issue back in May for discussion with any future presentations being based on the questions that were brought up at that time. Council Member Worthy stated he would like to submit a question as to how to distinguish between the rates allocated as costs for people inside and outside of the City. Council Member Williams stated he would like for consideration to be given to the economic impact of raising the rates outside of the City. c. Fleet maintenance. Council Member Keefe asked when the merger was going to happen and Council Member Worthy asked how could the resources be best utilized and the restructure of fleet maintenance be used for the betterment of the citizens and also for both PWC and the City of Fayetteville. Mr. Blanchard stated the target date was for April 4, 2005, and the staff was working toward that completion date. d. Mutual employee benefits. Council Member Keefe stated the benefit packages needed to be looked at with an aggressive timeframe because there were advantages to be had when two large entities merged and there was one benefit package. Mr. Stancil reported everyone was now on the same yearly schedule, and an RFP was currently out for an administrator for the City’s healthcare plan for the employees. He stated that once the information had been received and evaluated, a recommendation would be made. Mr. Stancil advised there were differences in the benefits and the philosophy of the benefits and it would be difficult to have the answers for the next fiscal year, but he felt it could be done in two years. Mayor Pro Tem Kirby stated she felt it was important both organizations were with the same medical carrier. Council Member Dawkins stated that with a total of 2,000 participants it might be possible to drive down the cost of an administrator. He also stated he felt the dual option coverage was a good idea. Mr. Dawkins stated this change should be completed and effective on July 1, 2006. Mr. Blanchard stated there would be further discussion in July. e. Timetable for response to information request. The consensus of the Council was to follow the submitted timetable. 3. Consider gateway sign and locations. Mr. Robert Barefoot, Chief Operating Officer for Engineering and Maintenance, presented this item. He advised the Appearance Commission had approved the plan he was submitting for the installation of ten gateway signs. Mr. Barefoot presented pictures of the proposed signs and reviewed their proposed locations. He stated he was hoping to place two or three signs on the reservation, but he advised he would have to get their approval along with the approval of the North Carolina Department of Transportation for the placement of the other signs. Discussion was held regarding the placement of signs on Highway 53 and the Highway 13 interchange with Mr. Barefoot explaining it was premature to place signs at the Highway 13 interchange because the bridge had not been installed. Discussion was held regarding the budget with a consensus of the Council to proceed with the plan and to stay within the funded amount of $250,000.00. It was also agreed that further funding could be considered in the future as the need for signs occurred. Discussion was held regarding the cost of the electrical lighting and the requirement for funding of a maintenance budget. Council Member Dawkins suggested sending the finalized sign design to the Chamber of Commerce for possible funding assistance and Council Member Gonzalez suggested looking for grants to help defer the costs. Council Member Worthy stated he liked the concept and they should move forth with the plan. 4. Consider soil street list. City Manager Roger Stancil presented this item. He stated the Council needed to make decisions about the street priorities, the street standards, and whether to assess the property owners for the paving. An in-depth discussion was held regarding which standards should be used for the paving of the soil streets. A consensus was reached that the City standards would be used unless it was not possible to do it that way. Council Member Smith requested that Alfred Street, Scarboro Street, and Broadfoot Street be placed on the priority list. Council Member Williams requested that Seminole Street be placed at the top of the list because the sewer was in place. Council Member Dawkins stated that Council Member Smith’s request should be honored. Discussion was held regarding the pros and cons of the implementation of an assessment fee. The Council agreed that in order to treat everyone equally the $10.00 per linear foot fee should be assessed against the property owner with Community Development Funds being made available for qualified lower-income owners. 5. Consider resurfacing list. City Manager Roger Stancil presented this item. He recommended resurfacing 32 streets and micro-resurfacing 20 streets for a total of 52 streets. Mr. Robert Barefoot, Chief Operating Officer for Engineering and Maintenance, reviewed the types of resurfacing and answered the Council members’ questions regarding the different methods which could be used. He explained the approved lists would be bid and as many streets as possible would be completed within the $1.2 million budget. 6. Budget issues. Ms. Lisa Smith, Chief Financial Officer, presented this item. She reviewed the original proposal of the debt management plan for the issuance of $27,000,000.00 in bonds by 2012 without a tax increase with the bond referendum being held in the fall of 2005. Ms. Smith stated PWC had recently paid off its 1993 general obligation bonds in the amount of $9 million and that had generated an additional two-thirds bond capacity that must be used in FY 2005. Ms. Smith recommended the City issue $5 million in bonds this year and then take $1.1 million originally proposed for street construction and invest it in the debt service management plan. This would increase the debt service fund balance and would allow the City to issue additional bonds now for infrastructure, and not use the City’s cash, but rather use the bond funds to pay for the soil streets and street resurfacing or for another purpose to be determined. Discussion was held regarding the new proposal. In response to questions, Ms. Smith informed the Council that the funds had to be used for a specific project and the funds could not be redirected to another project. Ms. Smith reported a decision needed to be made as to which debt management plan option should be pursued. She stated if the new proposal were accepted a decision would need to be made as to how to use the additional two-thirds debt capacity. Ms. Smith stated formal action would need to be taken by April 11, 2005. Ms. Smith gave an update of the FY 2005 budget and reviewed the schedule to be followed for final adoption of the FY 2006 budget on May 23, 2005. Mayor Pitts adjourned the meeting. `The meeting adjourned at 8:15 p.m. ANNUAL RETREAT MARCH 17, 2005 FAYETTEVILLE CITY COUNCIL ANNUAL RETREAT THIRD FLOOR TRAINING ROOM, CITY HALL MARCH 17, 2005 5:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2) (excused at 8:30 p.m.); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5) (excused at 8:25 p.m.); Paul Williams (District 6); Curtis Worthy (District 7) (arrived at 7:05 p.m.) Absent: Council Member Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Kyle Sonnenberg, Assistant City Manager Doug Hewett, Director of Strategic Initiatives and Corporate Communications Jason Brady, Public Information Officer Lyle Sumek, Sumek & Associates, Inc. Member of the Press Mayor Pitts called the retreat to order at 5:15 p.m. and turned the meeting over to Lyle Sumek of Sumek and Associates. Mr. Sumek led Council through a series of exercises to clarify the City’s Vision Statement and Mission Statement and to refine the Council’s core beliefs and values. The next session is scheduled for Thursday, March 24, 2005, at 5:30 p.m. in the Third Floor Training Room, City Hall, 433 Hay Street. Council requested to have the meeting time modified to allow all Council members to attend the groundbreaking ceremonies slated for Thursday, March 24, 2005, at 4:30 p.m. related to the Fire Station on Langdon Road/FSU. The meeting adjourned at 8:35 p.m. ANNUAL RETREAT MARCH 24, 2005 FAYETTEVILLE CITY COUNCIL ANNUAL RETREAT THIRD FLOOR TRAINING ROOM, CITY HALL MARCH 24, 2005 5:30 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1) (excused at 8:55 p.m.); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4) (excused at 7:55 p.m.); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Absent: Mayor Pro Tem Lois A. Kirby (District 5) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Kyle Sonnenberg, Assistant City Manager Doug Hewett, Director of Strategic Initiatives and Corporate Communications Jason Brady, Governmental Affairs and Public Information Officer Lyle Sumek, Sumek & Associates, Inc. Stacy K. Hansen, Deputy City Clerk Members of the Press Mayor Pitts called the retreat to order at 5:45 p.m. and turned the meeting over to Mr. Lyle Sumek of Sumek & Associates, Inc. Mr. Sumek led Council through a series of exercises to clarify and refine the City Council’s core values, vision statement, and mission statement. Council then rank ordered the policy agenda and management agenda items as either top priorities or high priorities as follows: POLICY AGENDA Top Priorities: · Military Industrial Park: Land Assembly and Business Attraction · River Park Development and Land Acquisition · Litter Removal/Clean Up Strategy with Specific Actions · Downtown Development Projects: 300 Block (Hay Street), Capitol Entertainment, and Cool Springs Housing · Bond Issue Development · Cape Fear River Trail Development Phase II and Funding High Priorities: · Downtown Parking Plan · Air Quality Non-Attainment City Policy, Impact Analysis and Action Plan (Short-Term/Long-Term) · Fields Road Recreation Facility · Marketing Program to Our Community and Citizens · Dirt Streets Funding and Project Priority (Next Steps) MANAGEMENT AGENDA Top Priorities: · Common Development Standards (City/County) · Storm Water Management (Phase II) (County Wide) · City-PWC Relationship and Communications · City Customer Service Enhancements · 2030 Comprehensive Plan High Priorities: · City-PWC Fleet Consolidation · Military Incubator Program and Specific One-Year Actions · City-PWC Information Technology Consolidation · Comprehensive City Corporate Communications Plan Development (Unifying Public Information Programs) · City Volunteer Program Development The meeting adjourned at 9:00 p.m. REGULAR MEETING MARCH 28, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 28, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Absent: Lois A. Kirby (District 5) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Stanley Victrum, Assistant City Manager Jimmy Teal, Chief Planning Officer Jerome Brown, Transit Director Steve Blanchard, PWC CEO/General Manager Jason Brady, Governmental Affairs and Public Information Director Stacy K. Hansen, Deputy City Clerk Marshall Isler, Downtown Development Corporation Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Council Member Keefe, followed by Boy Scout Troop 709, Westminster Presbyterian Church, leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: Special Events The Mayor and Council members reviewed the special events for the month of April 2005. RECOGNITION: 1. Presentation of Proclamation in honor of Fayetteville Tag Day. Council Member Williams presented Mr. Leon Goldstein with a Proclamation that declared Saturday, April 2, 2005, as Fayetteville Tag Day. 2. Presentation of Proclamation in honor of Fayetteville Arbor Day. Council Member Keefe presented Mr. George Quigley, President, Board of Directors, Cape Fear Botanical Garden, with a Proclamation declaring Saturday, April 2, 2005, as Fayetteville Arbor Day. 3. Presentation of Proclamation in honor of Community Development Week. Council Member Dawkins presented Mr. Burney Rivenbark, Chairman of the Fayetteville Redevelopment Commission, with a Proclamation declaring the week of March 28-April 3, 2005, as Community Development Week. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to pull Items 3.B.16 and 7.B from the agenda and to add a closed session as Item 13 for attorney-client privileged information. He also stated that the words “Carolina Septic Services” under Item 3.B.12 should be changed to “Grease and Septic Recycling”. Mayor Pitts requested to move Item 6 to Item 4.B. MOTION: Council Member Gonzalez moved to approve the agenda with the changes as recommended and to also pull Item 7.A. from the agenda. SECOND: Council Member Keefe VOTE: FAILED by a vote of 4 in favor (Council Members Williams, Gonzalez, Keefe and Dawkins) to 5 in opposition MOTION: Council Member Massey moved to approve the agenda as recommended by the City Manager and Mayor. SECOND: Council Member Worthy VOTE: PASSED by a vote of 8 in favor to 1 in opposition (Council Member Gonzalez) 2. PUBLIC FORUM: Mr. Daniel Hall, 200 Pate Drive, Fayetteville, NC, expressed his concerns regarding the City. He stated he would not want the City to become a lending institution. Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, spoke regarding the need for an elevated crosswalk at Skibo and Raeford Roads. Ms. Molly Arnold, 313 Glenola Street, Fayetteville, NC, spoke regarding the economic equality of downtown parking, and requested the Council not make any changes in the Capitol project area for ten years. Mr. Al Wheatley, 9774 Ramsey Street, Linden, NC, owner of property at Old and Anderson Streets, spoke regarding the downtown parking and inadequate parking spaces. Ms. Elaine Murray, 7207 Bailey Court, Fayetteville, NC, spoke regarding the downtown parking situation, and requested that any votes taken be open votes. Council Member Gonzalez affirmed that all votes taken by Council were open votes. 3. CONSENT: MOTION: Council Member Dawkins moved to approve the consent agenda. SECOND: Council Member Williams VOTE: UNANIMOUS (9-0) The following items were approved: A. Approve minutes: 1. February 28, 2005, regular meeting. 2. March 7, 2005, work session. 3. March 17, 2005, work session. B. Approve the following financial matters: 1. Capital Project Ordinance Amendment 2005-14 (NC 53 and Plymouth Street intersection). This amendment is necessary to appropriate an additional $25,000.00 (from the General Fund) for the construction of a signalized intersection at NC 53 (Cedar Creek Road) and Plymouth Street. This project is part of a municipal agreement with NCDOT which requires the City to install a right-turn lane on Plymouth Street and acquire any necessary right-of-way. NCDOT will be responsible for the installation and funding of the signal. The municipal agreement with NCDOT has been previously approved by City Council. 2. Capital Project Ordinance Amendment 2005-15 (Annexation Street Resurfacing). This amendment is necessary to appropriate additional investment income ($58,918.00) related to bond funds for resurfacing associated with extending water/sewer improvements in the Phase 4B annexation area. 3. Bid award for Annexation Phase IV-B asphalt resurfacing to Highland Paving Co., LLC, Fayetteville, NC, low bidder, in the amount of $2,087,064.65. (PWC) Bids were received as follows: Highland Paving Co., LLC (Fayetteville, NC) $2,087,064.65 Barnhill Contracting Co. (Fayetteville, NC) $2,348,414.90 Coastal Carolina Division of APAC (Kinston, NC) $2,887,114.55 4. Resolution declaring certain vehicles and equipment surplus to City needs and authorizing disposal of that equipment. RESOLUTION DECLARING VARIOUS VEHICLES AND EQUIPMENT SURPLUS. RESOLUTION NO. R2005-14. 5. Bid Award of construction contract for Festival Park (south of Cross Creek) - Promenade walkway to M & E Contractors, Fayetteville, NC, lowest bidder, in the amount of $699,149.00. Bids were received as follows: M & E Contractors (Fayetteville, NC) $699,149.00 J. W. Cook (Whiteville, NC) $843,400.00 WECC (Fayetteville, NC) $927,395.00 Shaw Construction (Spring Lake, NC) $946,000.00 Paul Howard Construction (Greensboro, NC) $978,682.00 6. Bid award for prefabricated bridges for Downtown Linear Park and Festival Park to Bridge America, Inc., Alexandria, MN, lowest bidder, in the amount of $91,750.00. Bids were received as follows: Bridge America, Inc. (Alexandria, MN) $91,750.00 Continental Bridge (Alexandria, MN) $93,700.00 Echo Bridge, Inc. (Pine City, NY) $96,332.00 Steadfast Bridge Co. (Fort Payne, AL) $99,960.00 Wheeler Lumber, LLC (Bloomington, MN) $101,706.00 7. Approve design contract with HNTB for Storm water improvements at the Airport. 8. Adopt resolution authorizing Landscape Agreement with NCDOT for landscape plantings at the following locations: Owen Drive at US 301, East Russell Street at Eastern Boulevard, Raeford Road at Bunce Road, and Ramsey Street at Stacey Weaver Road. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R2005-15. 9. Adopt resolution requesting the transfer of Green/Gillespie Streets (from Russell Street to Rowan Street) and newly constructed streets within the City limits of Fayetteville for maintenance by the City of Fayetteville in order to receive Powell Bill allocation for these streets. RESOLUTION REQUESTING THE TRANSFER OF A NORTH CAROLINA DEPARTMENT OF TRANSPORTATION STREET ALONG WITH THE ACCEPTANCE OF NEWLY CONSTRUCTED STREETS WITHIN THE CITY LIMITS OF FAYETTEVILLE. RESOLUTION NO. R2005-16. 10. Approve special permit for off-premise signs for Fayetteville Dogwood Festival from Sunday, April 17, 2005, through Monday, April 25, 2005. 11. Amend lease agreement with Carolina Telephone and Telegraph Company for 117 square feet of space in City Hall building for switching equipment. 12. Authorize advertisement of bid by Grease and Septic Recycling for purchase of surplus land at Rockfish Treatment Plant (PWC recommends approval). 13. Authorize sale of 11 vacant City lots located on Old Wilmington Road, Vanstory Street, Wright Street and Simmons Street to Habitat for Humanity in consideration for the construction of affordable housing. RESOLUTION. RESOLUTION NO. R2005-17. 14. Adopt resolution in support of National Incident Management System (NIMS) as mandated by Federal Government. RESOLUTION IMPLEMENTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM. RESOLUTION NO. R2005-18. 15. Adopt resolution authorizing transfer of surplus self-contained breathing apparatus equipment to Stoney Point Fire Department in consideration for service in annexed areas of Gates Four and Fisher Road. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE CONVEYANCE OF PERSONAL PROPERTY ITEMS TO STONEY POINT FIRE DEPARTMENT, INC. RESOLUTION NO. R2005-19. 16. Approve lease with Fayetteville State University Psychology Department for their use of a room at the Seabrook Neighborhood Resource Center to provide training of graduate students in counseling psychology. City Manager Roger Stancil pulled this item from the agenda. 17. Approve Soil Street Priority List from March work session. 18. Approve Gateway location and sign design from March work session. 19. Approve Resurfacing Priority List from March work session. C. Adopt resolution in support of saving the Community Development Block Grant Program from proposed changes in the President’s 2006 Budget. RESOLUTION OPPOSING ELIMINATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG). RESOLUTION NO. R2005-20. D. Case No. P05-5F. Approve the initial zoning to C1P Commercial District or to a more restrictive zoning classification for an area located at the northwest corner of Highway 24 and Downing Road. Containing 13.16 acres more or less and being the property of Howard & Richard King as evidenced by map and legal description furnished by the City of Fayetteville and annexed by the City of Fayetteville on January 24, 2005. E. Case No. P05-6F. Approve the initial zoning to C3 Commercial District or to a more restrictive zoning classification for an area located on Gillespie Street north of Cooper Street. Containing 0.737 acres more or less and being the property of Marcus Seals as evidenced by map and legal description furnished by the City of Fayetteville and annexed by the City of Fayetteville on January 24, 2005. 4. PUBLIC HEARINGS: A. Case No. P05-7F. Consider the rezoning from C1P Commercial District to C3 Commercial District or to a more restrictive zoning classification for property located at 2157 and 2159 Skibo Road. Containing 0.81 acres more or less and being the property of James F. and Ida P. Walls as evidenced by deeds recorded in Deed Books 2183, 2179, 2193 and 2256, pages 218, 79, 264, 19, 20 and 21, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated the Zoning Commission denied the original rezoning request, and that decision was appealed. He stated property owner James Wall operates Po-Boy’s Seafood at this location and if the property were rezoned to C1, a seafood establishment would not be allowed. He further stated the Zoning Commission recommended C1 commercial zoning. This is the advertised public hearing set for this date and time. The public hearing opened at 8:10 p.m. Mr. Mark Seffels, 1745 Cypress Lakes Road, Hope Mills, NC, spoke on behalf of Mr. James Wall, stating that Mr. Wall wanted to use his property to the highest and best use possible. He stated it was his understanding that the only opposition to rezoning to C3 was the Zoning Commission, and felt that it was not taken into consideration that the adjacent property was zoned C3. Mr. James Wall, 7138 Deer Hill Road, Fayetteville, NC, owner of the property, requested that Council rezone to C3 Commercial so that he would be able to use his property to its highest potential. There was no one further to speak and the public hearing closed at 8:20 p.m. MOTION: Council Member Williams moved to rezone to C3 Commercial District. SECOND: Council Member Worthy VOTE: PASSED by a vote of 8 in favor to 1 in opposition (Council Member Gonzalez) B. PWC Matters: A. Strategic Business Report for February 2005. This item was moved from Item 6. Mr. Steve Blanchard, PWC CEO/General Manager, presented this item. Mr. Blanchard advised the Council of the following: · Costs of service review of electrical rates were being finalized. · Pole attachment contract discussions were still ongoing. · PWC staff was working with City staff on upgrading the 800 MHz Radio System. · Work by PWC on the 200 block of Person Street underground conversion project was now moving forward. · PWC was waiting on the issuance of the RFP for privatization of the Fort Bragg natural gas system and the water and wastewater systems. · PWC staff was working on the FY 2006 budget. · Strategic planning sessions were being scheduled for March 14, 15, and 16 and Lyle Sumek Associates, Inc., would be facilitating the sessions. 5. Consider request by Edward Schultz for payment in lieu of constructing required sidewalk at Schultz Chiropractic Center at 5511 Raeford Road. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated that Dr. Schultz had requested payment in lieu of constructing a sidewalk at 5511 Raeford Road. Mr. Teal stated that when the site plan was submitted sidewalks were included. He stated the parking lot had been built too close to the street and had infringed upon the right-of-way. MOTION: Council Member Gonzalez moved to deny the request for payment in lieu option and to require sidewalk. SECOND: Council Member Keefe Council Member Gonzalez stated that allowing payment in lieu at this location would set a precedent for other property owners not being required to build sidewalks. Council Member Worthy stated that not accepting payment in lieu of construction would be unfair to Dr. Schultz because he was given a partial certificate of occupancy by the City, and the City had not exercised due diligence when inspecting the property. Council Member Williams offered an apology to Dr. Schultz for the oversight by City inspectors. Council Member Keefe stated that the Council voted on a sidewalk policy and needed to uphold the policy by doing what was right by the policy. Mayor Pitts stated that the policy gave the option of payment in lieu of construction if it was not logical to construct a sidewalk. He stated that money could be used to supplement the sidewalk plan in other parts of the City. He stated that while there was a sidewalk plan in effect, no decision had been made as to which side of the street the sidewalk would be installed. Council Member Gonzalez also stated that the site plan submitted should be followed, and sidewalks should be required. VOTE: FAILED by a vote of 3 in favor (Council Members Haire, Gonzalez, and Keefe) to 6 in opposition MOTION: Council Member Dawkins moved to allow payment in lieu of putting in sidewalks. SECOND: Council Member Worthy VOTE: PASSED by a vote of 6 in favor to 3 in opposition (Council Members Williams, Haire, and Gonzalez) 6. PWC Matters: This item was moved to Item 4.B. 7. Consider Downtown Projects: A. Capitol Project Mr. Marshall Isler, Downtown Development Corporation, presented this item and stated that four years of effort had gone into this project. He stated Dr. Henderson had commitments from four or five sources of financing and most of the commitments were based on commitments made to Dr. Henderson by Council. He stated that he was seeking a confirmation from Council of that commitment and authorization for the City Manager and staff to move ahead to bring the project to reality. Mr. Isler summarized the project and reviewed the benefits of the project. He stated the project would cost approximately $7.3 million which would convert a 56,000 square foot building into a mixed-use facility. He stated the project would have three planned components: traditional retail space, office space, and 30,000 square feet for an entertainment complex. He stated the entertainment complex would house an upscale restaurant, high tech electronic games, and an entertainment venue. He stated market studies had shown that this complex could bring 175,000 people per year to the downtown area. Mr. Isler further stated the project developer was requesting (1) a $750,000.00 loan, subordinated to the construction and permanent financing, at 5 percent interest for 20 years, with a 5-year deferred period on the loan with interest accruing during the 5-year period; (2) a tax grant back where the City would grant back to the project one-half of the taxes the project would pay to the City for the first 5 years; and (3) a lease of the Old Street parking lot for a period of 10 years. He stated the developer had agreed to make the parking facility available during the day to the general public and the exclusivity of the parking would occur after 6:00 p.m. He stated that the financing sources wanted to make sure there would be dedicated parking for the facility. Finally, he stated it was assumed that the $750,000.00 loan would be paid back plus interest. He stated the City’s property taxes would be approximately $45,000.00 and sales tax would generate approximately $75,000.00 per year, and would create 110 full-time jobs and 24 construction jobs. City Manager Roger Stancil stated the resolution presented to Council sets forth the details of the project that Mr. Isler previously described. Mr. Stancil acknowledged that of the 49 spaces in the Old Street parking lot, only 17 of those were currently leased. He stated letters had been sent to the people who lease these spaces, and there had been at least one meeting regarding this issue. He further stated that out of those who responded to the letters: 6 were willing to move, 3 had not responded, and 8 wanted to keep the six parking spaces they currently leased. He stated the City was working with current long-term tenants of the parking lot to identify alternative long-term parking options and that parking alternatives would be the Franklin Street Commons, the Donaldson Street lot, and the Maiden Lane/Ray Avenue lot. Council Member Williams inquired if this proposal had been brought to the City or if the City requested this proposal. Mr. Stancil responded that the project was brought to the Downtown Development Corporation by the owner of the building. Mr. Isler then responded to questions from Council members regarding whether bank financing would not be contingent upon having a dedicated parking lot, the total developer’s fee, how the developer would police the parking area, management of the entertainment complex and collateral for the loan. Discussion continued regarding public parking in the lot between the hours of 8:00 a.m. and 6:00 p.m. and the enforcement mechanism that would be used to control parking. MOTION: Council Member Haire moved to proceed with the project as stated. SECOND: Council Member Massey Council Member Haire stated that while Council would not be giving a formal commitment to the project, the Council would be giving a form of support, which would allow the owner to go forward with his proposals for loans. Several Council members stated their displeasure with the project stating that they felt the Council was not listening to the citizens. Mayor Pitts advised that the City was working with and listening to the citizens, but in the interest of economic development, the larger impact that could be made should also be considered. VOTE: PASSED by a vote of 5 in favor to 4 in opposition (Council Members Keefe, Dawkins, Williams and Gonzalez) B. 300 Hay Street Project City Manager Roger Stancil pulled this item from the agenda. 8. Consider an increase in taxicab rates as recommended by the Taxicab Review Board. Mr. Jerome Brown, Taxicab Review Board Chairman, presented this item. He stated that a majority of the taxicab owners had requested to raise the rates from $2.85 to $3.45 for the first mile. He stated the charge for entering the cab would be increased from $1.50 to $1.65, and the mile-trip cost would be increased from 25¢ to 30¢ per one-sixth mile for the first mile and 30¢ per one-sixth mile thereafter, changing the per-mile-trip charge from $1.50 to $1.85. He stated the Board had several discussions with taxicab owners who requested this increase, and the Board felt this would not be out of line with other similar sized cities. Council Member Worthy stated that since he does not use cabs he would like to have citizen input on this matter. Council Member Williams inquired if other cities had a free market rate and if in his opinion rate controls worked. Mr. Brown responded that he did not know of any other cities that had a free market rate. He stated that some theories suggest controlling rates would ensure that rates were not extraordinarily high, so that everyone could afford to ride. Council Member Dawkins inquired if the rate increase would hurt business. Mr. Brown responded that some of the owners were concerned that their business would be hurt, but the majority of owners were not. MOTION: Council Member Gonzalez moved to approve the rate increase. SECOND: Council Member Dawkins Council Member Williams stated that the government should not be in the business of setting rates, the free market should. Council Member Keefe stated that without rate controls, rate changes could become discriminatory at the convenience of any unethical owners. VOTE: UNANIMOUS (9-0) 9. Consider adoption of resolution approving assignment of voluntary annexations to electoral districts. City Attorney Karen McDonald presented this item. She stated that in conjunction with the Redistricting Consultant, Jerry Wilson had taken the 17 voluntary annexations that Council had completed since the last submission to the Justice Department, and assigned them to the district that would be closest to that particular annexation. She stated that once adopted, the resolution would be forwarded to the Justice Department for pre-clearance. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ACCOUNTING FOR SEVENTEEN ANNEXATIONS OF TERRITORY TO THE CITY OF FAYETTEVILLE. RESOLUTION NO. R2005-22. MOTION: Council Member Dawkins moved to adopt the resolution. SECOND: Council Member Worthy VOTE: PASSED by a vote of 8 in favor to 1 in opposition (Council Member Gonzalez) 10. Discussion of “No Parking” ordinance on College Street. Council Member Haire presented this item and stated this item had been pulled at the time of the original meeting. He stated that many citations had been written for parking violations on College Street and it had not worked. AN ORINANCE AMENDING CHAPTER 16, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 11 – PARKING PROHIBITED). NS ORDINANCE NO. NS2005-003. MOTION: Council Member Haire moved to adopt the ordinance. SECOND: Council Member Massey VOTE: UNANIMOUS (9-0) 11. Boards and Commissions: Information - Resignation A. Joint City and County Human Relations Commission - 1 resignation Mr. A. J. Andreas Rigle has resigned his position which expires June 30, 2005. 12. ADMINISTRATIVE REPORTS City Manager Roger Stancil presented these items, stating that Items A and C were monthly updates to the Council. A. Update on Park Projects. B. Report on agenda items for April 12, 2005, joint meeting with Cumberland County Commissioners. 1. 2030 Comprehensive Plan 2. Storm water C. Council Major Projects Report 13. Closed session to discuss attorney-client privileged information. MOTION: Council Member Haire moved to go into closed session to discuss attorney-client privileged information. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) The regular session recessed at 10:05 p.m. MOTION: Council Member Dawkins moved to reconvene in open session. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) The regular session reconvened at 10:33 p.m. INFORMATION ITEMS: 1. Statement of taxes collected for the month of February 2005 from the Cumberland County Tax Administrator. 2004 Taxes $885,273.26 2004 Vehicle Taxes 293,137.30 2004 Revit 1,694.19 2004 Vehicle Revit 123.49 2004 FVT 36,242.37 2004 Storm Water 60,307.18 2003 Taxes 36,383.09 2003 Vehicle Taxes 42,129.41 2003 Revit 1.71 2003 Vehicle Revit 46.08 2003 FVT 6,247.14 2003 Storm Water 2,143.24 2002 Taxes 13,186.98 2002 Vehicle Taxes 3,847.83 2002 Revit 0.00 2002 Vehicle Revit 0.00 2002 FVT 732.50 2002 Storm Water 688.59 2001 Taxes 4,262.89 2001 Vehicle Taxes 1,655.45 2001 Revit 0.00 2001 Vehicle Revit 0.00 2001 FVT 393.43 2001 Storm Water 408.96 2000 and Prior Taxes 3,523.69 2000 and Prior Vehicle Taxes 4,244.63 2000 and Prior Revit 0.00 2000 and Prior Vehicle Revit 0.00 2000 and Prior FVT 1,089.11 2000 and Prior Storm Water 437.33 Interest 47,397.30 Interest (Revit) 46.62 Interest (Storm Water) 2,352.85 Fayetteville Discount (Current) 0.00 Fayetteville Discount (Revit) 0.00 Total Collections $1,447,996.62 2. NCLM Legislative Bulletins (March 4 and March 11, 2005, Editions). 3. Update on Operation Ceasefire program. 4. Copy of letter sent to downtown merchants regarding parking needs. 5. Information from ElectriCities concerning electric territory. 6. Office of Professional Standards and Inspections – annual report for 2004. 7. Office of Professional Standards and Inspections – monthly report for January 2005. 8. Parks and Recreation Advisory Commission – minutes of January 24 and February 28, 2005. 9. Status of ongoing annexation projects. MOTION: Council Member Smith moved to adjourn the meeting. SECOND: Council Member Massey VOTE: UNANIMOUS (9-0) The meeting adjourned at 10:35 p.m. WORK SESSION APRIL 4, 2005 FAYETTEVILLE CITY COUNCIL WORK SESSION LAFAYETTE ROOM, CITY HALL APRIL 4, 2005 6:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Staff Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Kyle Sonnenberg, Assistant City Manager Doug Hewitt, Strategic Initiatives and Corporate Communications Director Lisa Smith, Chief Financial Officer Jimmy Teal, Chief Planning Officer Jason Brady, Governmental Affairs and Public Information Officer Stacy K. Hansen, Deputy City Clerk PWC Present: Wilson Lacy, Commission Chairman Mike Lallier, PWC Treasurer Luis Olivera, PWC Secretary Steve Blanchard, PWC CEO/General Manager PWC Staff Others Present: Mike Colo, Poyner & Spruill Marshall Isler, Downtown Development Corporation Menno Pennink Mark Stout Sherrod Banks, The Banks Law Firm Members of the Press 1. Approval of Agenda This being a work session, no motions are required. 2. Discussion of Legal and Marketing issues with PWC: A. Discussion with Mike Colo (Poyner & Spruill). Mr. Mike Colo, Poyner & Spruill, explained the statutory guidelines for the Council/Manager form of government, and stated that the City of Fayetteville’s Charter had changed those guidelines in that control of the utilities was vested with PWC. He stated the Public Works Commission was subject to the control of the Council on policy matters, but not on the day-to-day managing of the business. He stated Council’s duty was to manage the affairs of the City and PWC regarding initiatives, policies, etc., and that the City Manager and PWC were responsible for making those initiatives and policies work. Mr. Colo stated that according to statute, the Council would not have the authority to set rates. He stated that Council could implement policies regarding where it wanted rates to be, higher or lower. He stated an example would be that the rates could be higher for those outside the City limits than for those inside the City limits. Mr. Colo also explained that the only other city in North Carolina that had this form of government was the City of Greenville. Council Member Keefe requested a written summary from Mr. Colo so that the Council could review it further. B. Review of legal report as assigned at March meeting. Mr. Steve Blanchard, PWC CEO/General Manager, presented this report. He stated that PWC had in the past provided its own legal representation while keeping the City informed of any action taken. He stated that PWC hired legal counsel that had specialized utility expertise. Mr. Blanchard stated that the yearly cost of counsel varied depending on issues that presented themselves during that year. Discussion was held regarding utilizing the City Attorney for PWC legal matters. It was recommended that PWC provide the City Attorney with a monthly report of active projects requiring legal assistance, and that PWC staff work with the City Attorney to explore cost savings associated with having the City Attorney’s office provide legal services to PWC. It was also recommended to combine the Risk Management departments of the City and PWC regarding legal matters. Mayor Pitts inquired as to why PWC needed separate legal counsel. Chairman Lacy responded that PWC needed attorneys with expertise relating to utilities and their problems needed immediate attention. Council Member Dawkins suggested that any legal issues should go through the City Attorney’s office and the City Attorney could then decide if outside counsel was needed. Mr. Blanchard stated that he would not want the process PWC had established to slow down and felt that the process of utilizing the City Attorney needed to be better defined. Council Member Williams stated that the Council had a responsibility to the PWC advisory board to let the board handle things as they saw fit. He stated that was why they were appointed. C. Review of marketing report as assigned at March meeting. Mr. Steve Blanchard presented this report. He presented the following breakdown of the types of communications and community relations activities performed by the Public Information Office: · Regulatory/Mandated Communications such as Water Quality Report; · Business Notifications such as rate or fee adjustments and watering schedules; · Business Programs such as Good Cents Housing and Waterwise Gardening; · Community Awareness such as energy and water conservation; · Community Relations such as educational outreach and community sponsorships; · Economic Development such as FEADC and Downtown Development Corporation; and · Environmental-Conservation/Protection of Natural Resources such as Sandhills Land Trust and Cape Fear Botanical Gardens; Council Member Dawkins stated he would like for PWC to do less advertising, and only doing what was statutorily required. Council agreed to follow the recommendations of PWC and City staff to work together to develop strategies and policies for the benefit of both entities. 3. Discussion of 300 Hay Street Project with presentation by Marshall Isler, DDC. Mr. Marshall Isler, Downtown Development Corporation, stated that the 300 Hay Street Project had been restructured so that City’s monetary participation was decreased. He stated the responsibility of development was now shared between the City and the developer. He stated that with the new deal, the City would purchase the property and sell it back to the developer at market value. He stated the City would also build a parking facility which the City would own and control. Mr. Isler presented the following six items in the new agreement that would safeguard the City: 1. The developer had agreed that in the event of windfall profits, the money above what was proposed in the agreement would be returned to the City. 2. The City would have approval rights on the final design of the project. 3. The developer had committed to assisting the current tenant with relocating her business and would ensure an equal opportunity for her to return to the new development. 4. There would be a good-faith effort to recruit minority and disadvantaged business owners. 5. The developer would commit to the use of minority contractors, and provide evidence to the City of that use. 6. The City would have the right to intervene in the event of non-performance or any event that would threaten the completion of the project. He stated the benefits of the project to the City were public parking, approximately $115,000.00 in increased taxes and revenue, and additional jobs. Mayor Pitts stated that the project looked good but he would like for the developer to have a more specific plan regarding assisting in the relocation of the current tenant. 4. Discussion of recommendations from Bond Committee for action on April 11, 2005. Council Member Keefe presented this item. He stated that there would be $5 million that could be used for specific items but that the money had to be allocated before the end of April. He stated several items were identified by staff that were considered to be top priority by the Bond Projects Committee. Discussion ensued regarding the proposed projects. The plan would be presented before Council at the April 11, 2005, meeting for further discussion. 5. Review of the Guy Circle/McPherson Church Road Land Use Plan - Scheduled to go to City Council as a public hearing on April 25. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated that there had been a rezoning request for this property. He stated the land use plan had called for professional zoning of this area, but the neighbors wanted it to remain as residential. He stated there were three lots involved, and the two smaller lots were not big enough to develop separate from the remaining lot. He stated the property owner was agreeable to having the two smaller lots and two-thirds of the larger lot zoned professional and one-third of the larger lot zoned residential. 6. Review of the Cool Spring Study - Scheduled to go to City Council as a regular item on April 25. Council requested that the Planning Department look at the Cool Spring Street area land use plan in which there were several different zoning districts. The Planning Department had recommended approving the land use plan and initiating rezoning. Mayor Pitts adjourned the meeting. The meeting adjourned at 8:35 p.m. REGULAR MEETING APRIL 11, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER APRIL 11, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5), Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Stanley Victrum, Assistant City Manager Jimmy Teal, Chief Planning Officer Wilson Lacy, Chairman, PWC Steve Blanchard, PWC CEO/General Manager Jason Brady, Governmental Affairs and Public Information Director Stacy K. Hansen, Deputy City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Pastor Alfonza McAllister, Smith Chapel FWB Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: Special Events The Mayor and Council members reviewed the special events for the month of April 2005. RECOGNITIONS: A. Proclamation in honor of Dixie Youth Baseball Week. Council Member Keefe presented a Proclamation to Bruce Mitchell in honor of Dixie Youth Baseball Week. B. Proclamation in honor of the Westover Wolverines. Mayor Pitts presented a Proclamation to Coach Hart, Principal Smith, and members of the basketball team in honor of the Westover Wolverines. 1. APPROVAL OF AGENDA MOTION: Council Member Keefe moved to approve the agenda. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) 2. CONSENT: MOTION: Council Member Massey moved to approve the consent agenda. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (10-0) The following items were approved: A. Approve minutes: 1. Regular meeting of March 28, 2005. 2. Council work session held on April 4, 2005. B. Approve the following financial matters: 1. Adopt resolution approving a Municipal Agreement with NCDOT for the Traffic Separation Study. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R2005-023. C. Approve request from Dogwood Festival for waiver of tent permit fees for 2005 Festival. D. Case No. P05-11F. Approve the initial zoning to R5A Residential District or to a more restrictive zoning classification for an area on the north side of Cliffdale Road and west of Reilly Road. Containing 10.17 acres more or less and being the property of Landfall Partners, LLC, as evidenced by map and legal description furnished by the City of Fayetteville. Property was annexed by the City of Fayetteville effective February 28, 2005. E. Case No. P05-15F. Approve the rezoning from R10 Residential District to R5A Residential District or to a more restrictive zoning classification for property located near the Yadkin Road and Fillyaw Road intersection. Containing 3.54 acres more or less and being the property of Daniel and Yukiko Koceja, et al., as evidenced by deed recorded in Deed Books 2578 and 2971, pages 864 and 430, Cumberland County Registry. F. Adopt resolution of intent to close a portion of Wesley Avenue. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF WESLEY AVENUE. RESOLUTION NO. R2005-024. 3. PUBLIC HEARINGS: A. Case No. P05-9F. Consider the rezoning from R15 Residential District to R10 Residential District or to a more restrictive zoning classification for property located at 2316 Morganton Road. Containing 1.45 acres more or less and being the property of David H. Fonke as evidenced by deed recorded in Deed Book 3095, page 0645, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated the property owner had requested rezoning from R15 to R6 in 2004, and at that time the Zoning Commission had recommended denial and Council had upheld that recommendation and denied the request. He advised that the denial had been based on recent actions by the Council and Zoning Commission in their denial of this and adjacent parcels. Council Member Williams inquired if rezoning to R10 Residential would change the area and encourage more development. Mr. Teal responded that he was unsure if development would be encouraged, but the Zoning Commission felt that R15 Residential was more appropriate for the area. This is the advertised public hearing set for this date and time. The public hearing opened at 7:35 p.m. Mr. Bob Bowers, 2315 Morganton Road, Fayetteville, NC, spoke in favor of the rezoning. He stated that the vast majority of the accidents that had occurred in the area involved young drivers and college students, not the residents of the surrounding areas. Mr. R. Jonathan Charleston, 201 Hay Street, Suite 2000, Fayetteville, NC, spoke in favor of the rezoning, stating that Dr. Fonke would be seeking the highest and best use of his property. He reserved his remaining time for rebuttal. Dr. David Fonke, 2316 Morganton Road, Fayetteville, NC, requested that Council rezone his property so that it could be developed. He stated he would want to develop four units on the property. He reserved his remaining time for rebuttal. Dr. James Thomas Morley, 206 Hull Road, Fayetteville, NC, spoke against the rezoning of the property. He stated he had moved to the area because he wanted to live the life of Aristotle. He stated he would be vehemently opposed to the rezoning. Ms. Janet Whitaker, 313 North Churchill Drive, Fayetteville, NC, stated that Mr. Charleston said there would be no compelling reason not to rezone, and that she and her neighbors were compelling reasons. She stated that the neighborhood consisted of single-family units, and if rezoned, the only way to get eight units on the property would be to make multi-family units and that would change the character of the neighborhood. Ms. Carrie Carroll, 2404 Morganton Road, Fayetteville, NC, spoke against rezoning and implored Council to deny the request. She stated that neighborhoods were worth preserving and that she and her neighbors were stakeholders in the neighborhood. Ms. Virginia Carroll, 2404 Morganton Road, Fayetteville, NC, stated that as a 35-year resident of Morganton Road, she would be opposed to the rezoning. She stated she had moved to the area because it had been all single-family homes and felt that zoning should be to protect property owners. On rebuttal, Mr. Jonathan Charleston stated there should be no compelling reason for the denial of the rezoning. He stated that while traffic would be an issue, it would not be a big issue. He affirmed that Dr. Fonke desired to have eight single-family units, which would only increase traffic by 80 trips per day. Mr. Charleston also stated regarding the petition that was presented to Council members, Mr. Charleston stated the 30 or 40 names on the petition represented only about 18 households. He also stated that the character of the neighborhood would remain residential. On rebuttal from the opponents, Ms. Janet Whitaker stated that traffic would not be an issue and that the neighborhood would not have a problem with four units, but would have a problem with eight. Ms. Carrie Carroll stated the highest and best use of the property should remain R15 Residential. Ms. Virginia Carroll stated she felt eight units would change the flavor of the neighborhood. There was no one further to speak and the public hearing closed at 8:10 p.m. Council Member Williams asked why the Zoning Commission had recommended R10 Residential on a neighboring property 10 years ago but had denied it now. Mr. Teal responded that the recommendation to rezone to R10 in the past had been a compromise. He stated the property owner in that instance had originally requested R6 zoning, but had been amenable to R10. MOTION: Council Member Williams moved to approve the rezoning. SECOND: Council Member Haire VOTE: FAILED by a vote of 2 in favor (Council Members Williams and Haire) to 7 in opposition (Mayor Pro Tem Kirby abstaining) Discussion was held regarding the rights of property owners and the tendency to forget about neighborhoods. Mr. Teal, when asked if eight units would fit on the property responded that they probably could, but would have to be very small. MOTION: Council Member Smith moved to deny the rezoning. SECOND: Council Member Worthy VOTE: PASSED by a vote of 8 in favor to 1 in opposition (Council Member Williams) (Mayor Pro Tem Kirby abstaining) B. Case No. P05-10F. Consider the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for property located at 2311 Bragg Boulevard. Containing 0.19 acres more or less and being the property of William D. and Naomi E. Walker as evidenced by deed recorded in Deed Book 6728, pages 0723-0725, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated that the Land Use Plan for this area had called for medium-density residential. He stated that there would only be one ingress/egress to Bragg Boulevard on this property while the neighboring business would have access to Barrington Circle. He stated the Zoning Commission had recommended denial of rezoning. This is the advertised public hearing set for this date and time. The public hearing opened at 8:30 p.m. Mr. William Walker, 1505 Edgeware Court, Fayetteville, NC, spoke in favor of the rezoning. As the property owner, Mr. Walker stated that he and his wife had purchased the property because it had met the pre-requisites for P2 zoning. He stated the lot was a small one and the home on the property was only 800 square feet. Regarding traffic, he stated this property would create no more problems than any other property along Bragg Boulevard. He asked Council to please reconsider his request. There was no one further to speak and the public hearing closed at 8:35 p.m. Discussion was held regarding setback and buffer zones on the property. MOTION: Council Member Worthy moved to approve the rezoning. SECOND: Council Member Massey Council Member Gonzalez stated she was opposed to the rezoning. VOTE: PASSED by a vote of 8 in favor to 2 in opposition (Council Members Gonzalez and Kirby) C. Case No. P05-12F. Consider an application by Moorman, Kizer & Reitzel, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 30-120(4), to allow for mini-warehouse activities in C3 Commercial District for the property located at 5221 Bragg Boulevard at Bonnie and Quillan Streets. Containing 4.98 acres more or less and being the property of American Flag Bragg Boulevard, LLC, as evidenced by deed recorded in Deed Books 6560 and 6649, pages 493-495 and 295-296, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He gave a summary of the Land Use Plan for this and the surrounding properties. Council Member Keefe inquired if this property would be a split parcel and had Council not closed the street between the two parcels to create one large lot. Mr. Teal answered in the affirmative to those questions. This is the advertised public hearing set for this date and time. The public hearing opened at 8:48 p.m. Mr. Guy Lampe, 415 North 2nd Street, Smithfield, NC, and Mr. Allen Brewer, 218 Stacy Weaver Drive, Fayetteville, NC, were sworn in. Mr. Lampe and Mr. Brewer stated their names and reserved their time for rebuttal. There was no one further to speak and the public hearing closed at 8:49 p.m. MOTION: Mayor Pro Tem Kirby moved to approve the Special Use Permit. SECOND: Council Member Haire VOTE: UNANIMOUS (10-0) 4. PWC Matters: A. Strategic Business report for March 2005. Mr. Wilson Lacy, PWC Chairman, stated that the Report would be basically the same as to what had been reported in February. He stated that PWC had been working on their FY 2006 budget and he invited all Council members and the Mayor to attend the presentation. No action was taken. 5. Case No. P05-13F. Consider the rezoning from M2 Industrial District and R6 Residential District to R5 Residential District or to a more restrictive zoning classification for property located at 1053 71st School Road. Containing 6.85 acres more or less and being the property of Louie and Rosa Wardlaw as evidenced by deed recorded in Deed Books 2892 and 2964, pages 416 and 607, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item and gave a summary of the surrounding zoning and stated that the Zoning Commission had recommended R5A Residential zoning. Council Member Williams inquired as to the difference between R5 and R5A zoning. Mr. Teal responded that the number of units that could be developed on the property was higher for R5 and that the Zoning Commission had been uncomfortable with R5 for these parcels. He also stated that the Land Use Plan had called for medium-density and it had been felt that R5A would be best for the area. MOTION: Council Member Keefe moved to approve the rezoning to an R5A Residential District. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (10-0) Council Member Massey asked Mr. Clinton Harris what he wanted to say about this issue. Mr. Harris asked if this action would be in compliance with the Fair Housing Act. 6. Case No. P05-14F. Consider the rezoning from P1 Professional District to C1 Commercial District or to a more restrictive zoning classification for properties located at 1677, 1669, and 1665 Owen Drive. Containing 1.15 acres more or less and being the property of Philip and Janna Rizzo, Dan K. Stamps and Ron Padrick as evidenced by deeds recorded in Deed Books 4185, 4531, and 5250, pages 177, 544, and 119, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated that the surrounding properties had been zoned P1, P2, C1, or C1P. He stated the applicant had requested C1, the Planning Commission had recommended P2 Professional, and the Zoning Commission had recommended C1. He stated that the Zoning Commission had recommended C1 to keep the zoning consistent with the area. MOTION: Council Member Worthy moved to approve the rezoning. SECOND: Council Member Gonzalez VOTE: UNANIMOUS (10-0) 7. Consider request from Cumberland County League of Women Voters for use of the City Council Chamber on the evenings of Tuesday, October 25; Thursday, October 27; and Tuesday, November 1, 2005, to hold public debates for candidates for City Council seats on October 25 and 27, and to hold debates for Mayoral candidates on Tuesday, November 1. Mr. Roger Stancil, City Manager, presented this item. MOTION: Council Member Massey moved to approve the request. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (10-0) 8. Consider recommendations from the Bond Projects Committee: Council Member Keefe, Chairman, presented this item. He stated that the Bond Projects Committee had seen an opportunity to be able to leverage bond money in the amount of $8,000,000.00 and gave a brief summary of what the bond money would be used for. He clarified that $100,000.00 would be used for all neighborhood traffic improvements, not just speed humps. MOTION: Council Member Keefe moved to approve the recommendations to include specifying traffic improvements which may include speed humps. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) 9. Consider the following General Obligation Bond Matters to implement Bond Projects Committee recommendations: A. Adopt resolution making certain findings relating to the authorization and issuance of general obligation street and sidewalk improvement bonds, fire station bonds, drainage improvement bonds and land acquisition bonds of the City of Fayetteville, North Carolina, and ratifying the action of the Finance Director in filing an application for approval thereof with the Local Government Commission. RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE AUTHORIZATION AND ISSUANCE OF GENERAL OBLIGATION STREET AND SIDEWALK IMPROVEMENT BONDS, FIRE STATION BONDS, DRAINAGE IMPORVEMENT BONDS AND LAND ACQUISITION BONDS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AND RATIFYING THE ACTION OF THE FINANCE DIRECTOR IN FILING APPLICATION FOR APPROVAL THEREOF WITH LOCAL GOVERNMENT COMMISSION. RESOLUTION NO. R2005-025. B. Introduce the following bond orders: 1. Order authorizing $3,510,000.00 Street and Sidewalk Improvement Bonds. 2. Order authorizing $3,340,000.00 Fire Station Bonds. 3. Order authorizing $600,000.00 Drainage Improvement Bonds. 4. Order authorizing $1,000,000.00 Land Acquisition Bonds. C. Direct the Finance Director to make and file with the City Clerk the Sworn Statement of Debt, set the public hearing for April 25, 2005, upon the foregoing orders and direct the Deputy City Clerk to publish each bond order once in the newspaper no later than April 18, 2005. Ms. Lisa Smith, Chief Financial Officer, presented this item. MOTION: Council Member Keefe moved to approve Items 9.A, 9.B, and 9.C. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (10-0) 10. Consider adoption of resolution approving 300 Hay Street project concept and authorizing City Manager to negotiate and execute implementing agreements and actions. Mr. Marshall Isler, Downtown Development Corporation, presented this item. Mr. Isler summarized and highlighted the projects, what would be requested of the City and the benefits of the project. He stated that according to HUD guidelines, 25 percent of the units in the project would be available to low-income families. Discussion ensued regarding minority participation in the construction of the buildings and occupancy of the units. Mr. Mark Stout, one of the developers, stated that the developers were committed to having 15 percent minority participation. Mr. Stout stated that he expected the time from ground breaking until opening would be less than 20 months. When questioned regarding the safeguards to the City, Mr. Isler and Brandon Poole, attorney for the Downtown Development Corporation (DDC), stated that safeguards would be in place at every phase of the development and if the developers had not performed, the property would revert back to the City or its designee. Council Member Williams inquired as to the collective experience of the developers, in years. Mr. Stout responded that collectively there had been over 100 years of experience and that the developers had constructed over 300 houses for residential use per year in Cumberland and Harnett Counties. Council Member Smith asked what would be done to help the current tenant of the building. Mr. Isler responded that the developers had agreed to pay for her moving expenses and any differential in rent at her new location. He stated the tenant had also requested a contract to purchase space in the new building, but until the contract with the City had been completed, the developers could not offer her a contract. He stated the tenant would be given first choice in the new building. Ms. Suzanne Pennink confirmed that. Discussion ensued regarding exactly what the Council would be agreeing to. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AUTHORIZING THE ACQUISITION OF REAL PROPERTY, DEMOLITION, AND CLEARNING OF IMPROVEMENTS AND DISPOSITION OF REAL PROPERTY TO FACILITATE ECONOMIC DEVELOPMENT ACTIVITIES IN THE 300 BLOCK OF HAY STREET. RESOLUTION NO. R2005-026. MOTION: Council Member Gonzalez moved to adopt the resolution. SECOND: Council Member Haire VOTE: PASSED by a vote of 8 in favor to 2 in opposition (Council Members Smith and Worthy) 11. Consider items for referral to City-County Liaison Committee (Committee meeting scheduled for Thursday, April 28). A. Discussion of senior citizen center and request for proposals development (Tabled from January 27, 2005, meeting). B. Update on collaboration of recycling (Tabled from January 27, 2005, meeting). C. Discussion of joint planning (Requested by County Commissioners). D. Discussion of urban water/sewer infrastructure (Requested by County Commissioners). Mr. Roger Stancil, City Manager, presented this item. Council Member Williams requested to add discussion of population and growth to the City-County Liaison Committee agenda. 12. BOARDS AND COMMISSIONS: Nominations: A. Joint City and County Human Relations Commission – 1 resignation – 1 fill-in needed Mr. Frank Maness, Jr., was nominated by Council Member Worthy. Ms. Liliana Parker was nominated by Council Member Dawkins. Information – May Vacancies: B. Board of Appeals on Dwellings and Buildings – 2 vacancies 13. ADMINISTRATIVE REPORTS A. Update on Parks Projects. Mr. Roger Stancil, City Manager, suggested that Council read over the very impressive Parks Projects list. INFORMATION ITEMS: 1. NCLM Legislative Bulletins (March 18 and 25, 2005 Editions). 2. Parks and Recreation Advisory Commission – minutes of February 28, 2005. 3. Police Department – Report from the Office of Professional Standards and Inspections for the month of February 2005. 4. Airport Commission – minutes of February 22, 2005. 5. Transportation Coordinating Committee – minutes of January 12, 2005; Transportation Advisory Committee – minutes of January 26, 2005. MOTION: Council Member Smith moved to adjourn the meeting. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) The meeting adjourned at 10:15 p.m. SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS APRIL 12, 2005 FAYETTEVILLE CITY COUNCIL/CUMBERLAND COUNTY BOARD OF COMMISSIONERS SPECIAL JOINT MEETING AMBASSADOR PANCAKE HOUSE 2025 SOUTH EASTERN BOULEVARD APRIL 12, 2005 8:00 A.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Johnny Dawkins (District 9) Commissioners John T. Henley, Jr., Chairman; Billy R. King, Vice Chairman; Talmage S. Baggett, Jr.; Kenneth S. Edge; J. Breeden Blackwell; Jeannette M. Council; Diane Wheatley Absent: Council Members Darrell J. Haire (District 4); Juanita Gonzalez (District 8) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Greg Caison, Engineering and Storm Water Services Manager Jimmy Teal, Chief Planning Officer Stacy K. Hansen, Deputy City Clerk James Martin, County Manager Cliff Spiller, Assistant County Manager Nancy Roy, County Planning Director Sara Vanderclute, Public Information Officer Marsha Fogle, County Clerk Members of the Press Mayor Pitts and Chairman Henley called the meeting to order, and Commissioner Blackwell offered the invocation. The following items were presented: 1. 2030 Comprehensive Plan Ms. Nancy Roy, County Planning Director, presented this item and introduced Mr. Glenn Harbeck of Glenn Harbeck Associates. Mr. Harbeck presented a proposal for the completion of the Plan. He discussed the steps that would need to be taken in the Joint Comprehensive Planning Process, which would include building a consensus for planning; creating the vision; identifying policies, actions, and growth strategies; evaluating the plan positively; and reaching a consensus for adoption. He elaborated on the five steps, showing success factors and “bumps in the road”. He stated the Plan would have six key objectives: 1. Foster independent economic development. 2. Identify areas preferred for open space and preservation. 3. Identify areas preferred for urban growth. 4. Agree on water and sewer extension policies. 5. Clarify municipal and county roles and responsibilities. 6. Instill accountability for follow-through. Mr. Harbeck stated that the task force would need to be big enough to include all of the municipalities in the County, but not so big that anyone would feel ignored. Council Member Keefe questioned Mr. Harbeck regarding the cost of his services and if his total fee would have to be paid upfront. Mr. Harbeck responded that payment would be based on benchmarks and due as each benchmark had been reached. Council Member Williams asked if any other firms had been consulted and if there had been any websites to show the results of the consultant. Ms. Nancy Roy, County Planning Director, responded that Mr. Harbeck’s firm had been chosen based on its reputation and qualifications and on what other cities and counties had accomplished. MOTION: Council Member Worthy moved to go forward with the Plan. SECOND: Council Member Dawkins VOTE: PASSED by a vote of 7 in favor to 1 in opposition (Council Member Williams) 2. Storm Water Mr. Greg Caison, Engineering and Storm Water Services Manager, presented this item. He stated that he would be following up from the October 12, 2004, meeting. He stated that problems remained with draining, flooding, and system maintenance. He stated there would be a greater need in the City than in the urbanized areas of the County. Mr. Caison suggested that the storm water fee remain at $1.00 per year for FY 2006, and that the City and County revise their storm water ordinance to allow each to set its own project rate. He also stated that the drainage project would need an analysis that could be provided to each body by October 1. Mr. Caison stated that additional fees would be needed to address drainage concerns. Discussion ensued regarding water quality and who would be responsible for maintaining water quality. MOTION: Council Member Dawkins moved to accept the recommendations of the Storm Water Services Department. SECOND: Council Member Keefe VOTE: UNANIMOUS (8-0) 3. Water/Sewer Infrastructure This item was included in the 2030 Joint Comprehensive Plan discussion. 4. Joint Planning Board This item was included in the 2030 Joint Comprehensive Plan discussion. 5. Recycling The County Commissioners requested that the City approve five sites to begin the recycling plan. The City would provide the land and develop it with electricity and landscaping, and the County would provide the staff and maintain and equip the locations. Mr. Roger Stancil, City Manager, stated he had been communicating with the County Manager and the City had been looking for proposed sites. MOTION: Council Member Keefe moved to adjourn the meeting. SECOND: Council Member Smith VOTE: UNANIMOUS (8-0) The meeting adjourned at 9:40 a.m. REGULAR MEETING APRIL 25, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER APRIL 25, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5), Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Stanley Victrum, Assistant City Manager Jimmy Teal, Chief Planning Officer Steve Blanchard, PWC CEO/General Manager Jason Brady, Governmental Affairs and Public Information Director Stacy K. Hansen, Deputy City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Imam Adam Beyah, Member of Masjid Ibn Sayyid Omar, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: Special Events: The Mayor and Council members reviewed the special events for the months of April and May 2005. RECOGNITION: Commendation of the Fayetteville Emergency Response Team (ERT). Mayor Pitts commended the Fayetteville Emergency Response Team for their professionalism while competing in the Original SWAT World Challenge April 1-2, 2005. 1. APPROVAL OF AGENDA MOTION: Council Member Keefe moved to approve the agenda. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) 2. PUBLIC FORUM: Mr. Thomas Parent, 603 Dandridge Drive, Fayetteville, NC, spoke regarding several issues including the Institute for Public Learning, street paving, downtown priorities, and the annexation policy, and stated he appreciated that there would be no tax increase. Ms. Debbie Crocker, 121 Alabama Lane, Fayetteville, NC, spoke regarding the American Cancer Society’s Relay for Life project. She stated that Relay for Life would be held at Southview High School this year and would be an all-night event, beginning at 6:00 p.m. on May 13, 2005. She asked everyone to please support this worthy cause. Mr. Andy Anderson, 1517 Hope Mills Road, Fayetteville, NC, presented Council with a “sidewalk cake” in appreciation for putting sidewalks on Hope Mills Road. He also suggested placing height regulations on vegetation near driveways. 3. CONSENT: Mr. Roger Stancil, City Manager, presented a revised resolution for Item 3.J. which would include Hammond and Railroad Streets at the public hearing. Council Member Worthy requested to pull Items 3.D. and 3.E. for discussion. MOTION: Council Member Worthy moved to approve the consent agenda as amended with the exception of Items 3.D. and 3.E. SECOND: Council Member Massey VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez) The following items were approved: A. Approve minutes: 1. Regular meeting of April 11, 2005. 2. Special joint meeting with County Board of Commissioners held on April 12, 2005. B. Approve the following financial matters: 1. Tax refunds greater than $100.00. Name Year Basis City Refund MJ Soffe Company 2003-2004 Over Payment $18,463.57 Texfi 2000 Corrected Assessment 9,595.09 TOTAL $28,058.66 2. Special Revenue Ordinance 2005-5 (Trolley Feasibility Study). This ordinance will establish the budget for the Trolley Feasibility Study Grant awarded to the City of Fayetteville by the North Carolina Department of Transportation. The total project budget is $75,000.00, which consists of $67,500.00 provided by a North Carolina Department of Transportation grant and a local match in the amount of $7,500.00 provided by the Fayetteville Chamber of Commerce. The funds will be used to conduct a feasibility study for a trolley system in Fayetteville. 3. Reimbursement resolution for street, sidewalk and drainage improvements and land acquisition. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH STREET AND SIDEWALK IMPROVEMENTS, DRAINAGE IMPROVEMENTS AND LAND ACQUISITION. RESOLUTION NO. R2005-027. 4. Bid award for purchase of tubular steel electric transmission line poles to Pennsummit Tubular, LLC, W. Hazleton, PA, low bidder, in the amount of $185,507.00. (PWC) Bids were received as follows: Pennsummit Tubular, LLC (W. Hazleton, PA) $185,507.00 Thomas & Betts (Memphis, TN) $214,700.00 Valmont Industries, Inc. (Valley, NE) $235,787.00 Dis-Tran Steel Pole, LLC (Pineville, LA) $243,134.00 C. Case No. P04-64F. Approve the initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located south of Cliffdale Road across from Towncreek Road. Containing 18.36 acres more or less and being the property of Bone Creek Investments, LLC, as evidenced by map and legal description furnished by the City of Fayetteville and annexed into the corporate limits of Fayetteville effective April 8, 2005. D. Pulled for discussion by Council Member Worthy. E. Pulled for discussion by Council Member Worthy. F. Adopt resolution pursuant to N.C.G.S. 160A-58.2 fixing a date for a public hearing for a petition-initiated noncontiguous annexation area (Woodland Village Apartments – Located on the west side of Rayconda Road across from Kodiak Drive). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED NONCONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-58.2 (WOODLAND VILLAGE APARTMENTS – LOCATED ON THE WEST SIDE OF RAYCONDA ROAD ACROSS FROM KODIAK DRIVE). RESOLUTION NO. R2005-028. G. Approve conveyance of Lots 13 and 22 of the Fairley Estates II Subdivision to Kingdom Community Development Corporation. H. Approve final acceptance of a bid to purchase excess City (PWC) property at Rockfish Treatment Plant. I. Set public hearing for May 23, 2005, to consider the paving without petition of: Eleanor Street, Harper Street, Long Street, Vander Street and Triangle Place. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF ELEANOR AVENUE FROM HARPER STREET TO SAPONA ROAD; HARPER STREET FROM SOUTH PLYMOUTH STREET TO ELEANOR AVENUE; LONG STREET FROM TIRANGLE PLACE TO HAMMOND STREET; VANDER STREET FROM SOUTH PLYMOUTH STREET TO ELEANOR AVENUE; TIRANGLE PLACE FROM RAILROAD STREET TO HARPER STREET. RESOLUTION NO. R2005-029. J. Set public hearing for June 13, 2005, to consider the paving without petition of: Alfred Street from Campbell Avenue to Vanstory Street; Broadfoot Avenue from Simpson Street to Morgan Street; Roosevelt Street from Wilma Street to Dead End; Scarborough Street from Old Wilmington Road to “C” Street; Hammond Street; and Railroad Street. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF ALFRED STREET FROM CAMPBELL AVENUE TO VANSTORY STREET; BROADFOOT AVENUE FROM SIMPSON STREET TO MORGAN STREET; ROOSEVELT STREET FROM WILMA STREET TO DEAD END; SCARBOROUGH STREET FROM OLD WILMINGTON ROAD TO “C” STREET; HAMMOND STREET; AND RAILROAD STREET. RESOLUTION NO. R2005-030. K. Renew lease with the Junior League of Fayetteville for property located at 2605 Fort Bragg Road, adjacent to the Kiwanis Recreation Center. L. Approve new stop sign ordinance at various locations in Fayetteville. AN ORDINANCE AMENDING CHAPTER 16, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NUMBER 6 – STOP INTERSECTIONS. NS ORDINANCE NO. NS2005-004. M. Approve special sign permit for Walkable Communities meetings. D. Adopt resolution pursuant to N.C.G.S. 160A-58.2 fixing a date for a public hearing for a petition-initiated noncontiguous annexation area (Holly Chase, Section 5 – Located at the northern end of Ferndell Road, northeast of Raeford and Cliffdale Roads). E. Adopt resolution pursuant to N.C.G.S. 160A-58.2 fixing a date for a public hearing for a petition-initiated noncontiguous annexation area (Cotton Square – Located on the southeast side of Raeford and Cliffdale Roads, across from Old Raeford Road). Council Member Worthy pulled these two items for discussion. MOTION: Council Member Worthy moved to reject both of the petitions as not being valid until the petitions were received without prohibitive language, and notify PWC that the petitions were not valid and to proceed no further with water and sewer service. SECOND: Council Member Dawkins Council Member Dawkins stated for clarification that there was additional language put on the petitions and in the past the City has not accepted any petitions with additional language that has not been approved by the legal staff. He further stated that the petitioner had struck through the addition but that clean petitions needed to be submitted. VOTE: UNANIMOUS (10-0) 4. PUBLIC HEARINGS: A. Consider a revision of the 2010 Land Use Plan Map from professional uses to residential uses for an area located at the southeast corner of McPherson Church Road and Guy Circle. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated that the owners of the property had made a request for rezoning, but had withdrawn the request prior to a hearing before the Zoning Commission. He stated the residents of Guy Circle had requested the Planning Commission to review and amend the 2010 Land Use Plan for the area. He stated that the current Land Use Plan was for office/institutional use. Council Member Williams inquired if the 2010 Plan was used as a guide for future zoning and if the Planning and Zoning Commissions were required to use the Plan for making recommendations. Mr. Teal responded that the Land Use Study had been designed to help staff make recommendations. Council Member Dawkins questioned Mr. Teal regarding the number of units allowed in R10 Residential Districts and also regarding buffers. Mr. Teal responded that roughly 6 units could be built in R10 Residential, and the buffer would be the same as the setback. This is the advertised public hearing set for this date and time. The public hearing opened at 7:53 p.m. Ms. Candice White, 3123 Guy Circle, Fayetteville, NC, spoke in favor of the Land Use Plan being amended so that the three lots in question would be designated as low-density residential. She stated that having the three lots as professional would jeopardize the character, integrity, and future of the neighborhood. Mr. Joe DaRosa, 3113 Guy Circle, Fayetteville, NC, spoke in favor of amending the Land Use Plan. He presented a letter from the Guy Circle neighborhood residents expressing their opinions regarding the Land Use Plan and how it relates to their neighborhood. Mr. Carl Beene, 3126 Guy Circle, Fayetteville, NC, spoke in favor of the Land Use Plan amendment mostly from a safety and security point of view. He stated that there had been an increase in traffic through the neighborhood with traffic attempting to take a shortcut from Omni Bank. He expressed his concern that if the Land Use Plan remained as it was, there would be even more congestion in the area. Mr. Stuart Clarke, 150 North McPherson Church Road, Fayetteville, NC, spoke in opposition to changing the Land Use Study. He stated he represented Floyd Properties, owner of the lots in question, and presented an artist’s rendering of the type of building they would like to put on the property. He further stated that all of the property from Raeford Road to this property was professional. He also stated that the property owner also owned the adjoining property and had planned ingress and egress through a private drive to the adjoining property and would not be using Guy Circle. He urged Council to keep the Land Use Plan as it was. Mr. Thomas Neville, 150 North McPherson Church Road, Fayetteville, NC, also spoke in opposition to amending the Land Use Plan. He stated that according to the Land Use Plan, there would be a buffer between professional and residential. He also stated that the issue should be the land use, not the zoning, and the Plan should be based on logic, not emotion. Mr. Charles Morris, 831 Arsenal Avenue, Fayetteville, NC, spoke in opposition to changing the Land Use Plan, stating that the Land Use Plan should be used as a tool for development. He stated that the conceptual idea for the property was and always had been to use the private drive. He further stated the owner never intended to use Guy Circle for ingress and egress. On rebuttal, Ms. Candice White stated the developer had bought the property on speculation and with the knowledge that the zoning would be R10. Mr. Steve Gill, 3123 Guy Circle, Fayetteville, NC, thanked the Council and Planning Commission for listening to the neighborhood and for their support. On rebuttal, Mr. Stuart Clarke stated that he was disturbed that the numbers sometime prevail over the agreed upon professional plan and urged Council to not amend the Land Use Plan. There was no one further to speak and the public hearing closed at 8:25 p.m. MOTION: Council Member Williams moved to refer the 2010 Land Use Plan to the Policy Committee for study. SECOND: Council Member Worthy SUBSTITUTE MOTION: Council Member Massey moved to change the 2010 Land Use Plan Map as recommended. SECOND: Council Member Smith Discussion ensued regarding the 2010 Land Use Plan and what would be considered when devising the Plan. Mr. Teal stated that the existing land use would be a major factor in the Plan. Mayor Pitts cautioned those in favor of changing the Land Use Plan, stating that should the owners of the property petition for re-zoning, they would be arguing against the Land Use Plan that they had just argued for. VOTE: UNANIMOUS (10-0) B. Consider the Orders entitled "Order Authorizing $3,510,000.00 Street and Sidewalk Improvement Bonds", "Order Authorizing $3,340,000.00 Fire Station Bonds", "Order Authorizing $600,000.00 Drainage Improvement Bonds" and "Order Authorizing $1,000,000.00 Land Acquisition Bonds". Ms. Lisa Smith, Chief Financial Officer, presented this item. She stated Council had approved these orders on April 11, 2005. She further stated that the Bond Attorney would need to have each order stated by the Mayor and voted on separately. This is the advertised public hearing set for this date and time. There being no one to speak, the public hearing opened and closed at 8:40 p.m. MOTION: Council Member Keefe moved to adopt an order authorizing $3,510,000.00 Street and Sidewalk Improvement Bonds. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) MOTION: Council Member Keefe moved to adopt an order authorizing $3,340,000.00 Fire Station Bonds. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) MOTION: Council Member Keefe moved to adopt an order authorizing $600,000.00 Drainage Improvement Bonds. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) MOTION: Council Member Keefe moved to adopt an order authorizing $1,000,000.00 Land Acquisition Bonds. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) MOTION: Council Member Keefe moved to direct the Deputy City Clerk to publish each order, together with the appended statement as required by The Local Government Bond Act, as amended, once in The Fayetteville Observer. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) 5. Consider adopting a land use plan map and initiating a series of rezonings for the South Cool Springs Study Area. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated this area had commercial zoning in the middle of residential zoning, and suggested that a land use plan be adopted and re-zonings initiated. He further stated that the recommendation of the Planning Commission was to initiate re-zoning. MOTION: Council Member Smith moved to adopt the land use plan map and initiate re-zonings for the South Cool Spring Study Area. SECOND: Mayor Pro Tem Kirby Discussion ensued regarding the residential settings, how much of the property was owner occupied versus rental property, and the steps that had been taken by the Planning Commission to inform all residents and owners of any public hearings. SUBSTITUTE MOTION: Council Member Gonzalez moved to refer this item back to the Planning Commission to allow for more public input. SECOND: Council Member Keefe VOTE: UNANIMOUS (10-0) 6. Presentation of Recommended Budget for FY 2005-2006. Mr. Roger Stancil, City Manager, presented this item. He gave an overview of the budget goals, employee pay, budget assumptions, council goals, and positioning for the future. Mr. Stancil stated the budget documents would be forwarded to Council on Wednesday, April 27, 2005, and would be presented in more detail at the work session scheduled for May 2, 2005. He further requested setting a public hearing on the subject for May 9, 2005. MOTION: Council Member Haire moved to set a public hearing for May 9, 2005, and to discuss further the budget at the May 2, 2005, work session. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) 7. Consider donation of property on Bunce Road to Lewis Chapel Missionary Baptist Church. Council Member Worthy presented this item which included a powerpoint presentation of the facility. He stated that Lewis Chapel Missionary Baptist Church had a large recreation/athletic facility in which they had invested $10,000,000.00. He suggested donating 11.5 acres of land adjacent to the facility to the Church for further development. This property had been acquired by the City to be used for recreational purposes, but had not been used as such. Council Member Williams inquired if there would be any problems with donating the property. Mr. Roger Stancil, City Manager, responded that there would be no problems with donating, but the property would have to be used for public uses. Council Member Haire inquired as to what would happen to the property if it were not used as agreed. Mr. Stancil responded the property would revert back to the City. MOTION: Council Member Worthy moved to authorize the City Attorney and City Manager to negotiate the terms on conveyance of the property. SECOND: Council Member Haire VOTE: UNANIMOUS (10-0) 8. BOARDS AND COMMISSIONS: Appointments: A. Joint City and County Human Relations Commission – 1 resignation – 1 fill-in needed Mr. Frank Maness, Jr., was appointed to the Joint City and County Human Relations Commission. Nominations - May Vacancies B. Board of Appeals on Dwellings and Buildings – 2 vacancies No nominations were made. C. Public Arts Commission - 3 vacancies (1 Museum of Art member and 2 Arts Council Members) Ms. Virginia Oliver was appointed as the Museum of Art member. Ms. Soni Martin and Socorro Hernendez-Hinek were appointed as Arts Council Members. Information – May Vacancies D. Airport Commission – 1 vacancy – 1 fill-in needed 9. ADMINISTRATIVE REPORTS A. Update on City Major Projects Report. INFORMATION ITEMS: 1. Report of tax refunds less than $100.00. Name Year Basis City Refund Betterton, Gary M. 2003-2004 Corrected Assessment $5.99 TOTAL $5.99 2. Report of taxes collected for the month of March 2005 from the Cumberland County Tax Administrator. 2004 Taxes $441,871.47 2004 Vehicle Taxes 287,014.42 2004 Revit 673.00 2004 Vehicle Revit 280.29 2004 FVT 33,913.19 2004 Storm Water 28,452.20 2003 Taxes 38,807.93 2003 Vehicle Taxes 26,610.10 2003 Revit 0.00 2003 Vehicle Revit 0.46 2003 FVT 3,938.66 2003 Storm Water 2,284.06 2002 Taxes 22,345.55 2002 Vehicle Taxes 3,416.91 2002 Revit 0.00 2002 Vehicle Revit 1.48 2002 FVT 569.40 2002 Storm Water 1,580.77 2001 Taxes 14,426.33 2001 Vehicle Taxes 1,621.76 2001 Revit 0.00 2001 Vehicle Revit 0.00 2001 FVT 269.02 2001 Storm Water 982.61 2000 and Prior Taxes 3,035.69 2000 and Prior Vehicle Taxes 4,467.63 2000 and Prior Revit 0.00 2000 and Prior Vehicle Revit 0.00 2000 and Prior FVT 836.92 2000 and Prior Storm Water 421.36 Interest 42,388.77 Interest (Revit) 26.15 Interest (Storm Water) 2,108.04 Fayetteville Discount (Current) 0.00 Fayetteville Discount (Revit) 0.00 Total Collections $962,344.17 MOTION: Council Member Smith moved to adjourn the meeting. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) The meeting adjourned at 10:20 p.m. WORK SESSION MAY 2, 2005 FAYETTEVILLE CITY COUNCIL WORK SESSION LAFAYETTE ROOM, CITY HALL MAY 2, 2005 6:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Staff Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Doug Hewett, Strategic Initiatives and Corporate Communications Director Lisa Smith, Chief Financial Officer Victor Sharpe, Community Development Director Rusty Thompson, Traffic Services Engineer Jason Brady, Governmental Affairs and Public Information Officer Terri Hutaff, Director of Human Resource Development Stacy K. Hansen, Deputy City Clerk Staff PWC Present: Wilson Lacy, Commission Chairman Terri Union, PWC Vice Chairman Mike Lallier, PWC Treasurer Steve Blanchard, PWC CEO/General Manager Sam Stryker, PWC Engineer James Rose, Chief Administrative Officer Dwight Miller, Chief Financial Officer Tom McNeill, Consultant PWC Staff Others Present: Members of the Press Mayor Pitts stated the need for Council to go into closed session to discuss matters of economic development. MOTION: Council Member Worthy moved to go into closed session to discuss economic development. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) The regular session recessed at 6:03 p.m. MOTION: Council Member Massey moved to reconvene in open session. SECOND: Council Member Keefe VOTE: UNANIMOUS (10-0) The regular session reconvened at 6:35 p.m. 1. Approval of Agenda This being a work session, no motions were required. 2. PWC Matters: A. Water and Sewer Report Mr. Tom McNeill, PWC Consultant, presented this report. He stated the purpose of the report was to benchmark the current system capacity, to develop a process for keeping information current, to provide assurance to Council that future utility requests were not in conflict with the needs of the City tax and rate payers, and to ensure that utility policy/management decisions would be made in the best interest of the City. He presented charts showing the capacity analysis for the water system and the sanitary sewer system, and made several recommendations for better decision-making tools for PWC and the Council. Those recommendations were as follows: · Support City/County planning professionals in a new joint land use study. · Involve Council/Commission in decisions regarding urban grade utilities outside of the planned urban areas. · Promote growth of existing municipal areas while discouraging urban sprawl. · Provide utility reports on a regular basis with Special Reports as situations arise. A question and answer session regarding PWC’s rate-making philosophy ensued. B. PWC Budget Presentation Mr. Steve Blanchard, PWC CEO/General Manager, presented the budget highlights from the 2005-2006 budget that had been previously provided to Council members. Council Member Smith inquired if the amount allocated for streetlights included lamps that were not working or if that had been for new streetlights. Mr. Sam Stryker, PWC Engineer, responded that every five years all of the streetlights were either repaired or replaced. He also responded that PWC does respond to individual requests. Chairman Lacy stated that he hoped Council had seen that PWC was working with staff to have a better working relationship with Council, and that PWC had done all that Council asked of it. The Public Works Commission adjourned their meeting. The Council work session continued with an update from the City Manager and City Attorney regarding revisions to the voluntary annexation process. Mr. Roger Stancil, City Manager, stated that a policy had been drafted, and that he was working with PWC on standards. He stated that he would have the information for Council at their next work session. 3. Presentation on 2005-2010 Consolidated Plan and the 2005-2006 Annual Action Plan. Mr. Victor Sharpe, Community Development Director, presented this item. He explained that the five-year consolidated plan had been required by the Department of Housing and Urban Development. He further explained the process and procedure for developing the plan and the plan itself, which included the priority needs for each area. Mr. Sharpe presented the 2005-2006 One Year Action Plan, describing the activities to be funded and the funds expected to be available in the upcoming year. Mr. Sharpe answered questions about the plans, participation at the Neighborhood Resource Centers and how the different community development programs would be funded. 4. Update on computerized traffic signal system. Mr. Rusty Thompson, Traffic Services Engineer, presented this item. He gave background information, a tentative completion date, and the cost to date for the project. He also described the types of equipment used with the system, and gave a brief synopsis of the benefits of the system. Council Member Williams inquired as to what system the City currently used and if there were any other cities using this system. Mr. Thompson responded that the City had not had a signal system for the last five years, since the computerized system had been initiated. 5. Consider scheduling budget work sessions. Mr. Roger Stancil, City Manager, responded to questions previously asked by Council regarding the proposed budget. This included a discussion about compensation, why the capital budget had decreased significantly, a potential list of one-time uses of the fund balance, and an update on the sales tax. Discussion was then held regarding a tax decrease, employee compensation and countywide transportation. Mayor Pitts adjourned the meeting. The meeting adjourned at 10:25 p.m. REGULAR MEETING MAY 9, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MAY 9, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5), Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Stanley Victrum, Assistant City Manager Jimmy Teal, Chief Planning Officer Steve Blanchard, PWC CEO/General Manager Jason Brady, Governmental Affairs and Public Information Director Doug Hewett, Strategic Initiatives and Corporate Communications Director Stacy K. Hansen, Deputy City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Council Member Massey, followed by Cub Scout Pack 747, Den #4, leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: Special Events The Mayor and Council members reviewed the special events for the month of May 2005. RECOGNITION: Presentation of Proclamation in honor of Industry Appreciation Month. Mayor Pitts presented Mr. Bill Martin with a proclamation declaring the month of May 2005 to be Industry Appreciation Month. Recognition of the Fayetteville-Cumberland County Special Olympics basketball team. 1. APPROVAL OF AGENDA MOTION: Council Member Smith moved to approve the agenda. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) 2. CONSENT: MOTION: Mayor Pro Tem Kirby moved to approve the consent agenda. SECOND: Council Member Dawkins VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez) The following items were approved: A. Approve minutes: 1. City Council retreat held on March 24, 2005. 2. Regular meeting of April 25, 2005. B. Adopt Capital Project Ordinance Amendment 2005-16 (Linear Park). This amendment appropriates $285,265.00 in additional donations for the remainder of Phase I of Linear Park. This amendment will result in a total budget of $800,000.00 for Phase I of the park. C. Approve the 2005-2010 Consolidated Plan and the 2005-2006 Annual Action Plan. D. Case No. P05-18F. Approve an application by Jimmy Muggy for a Manufactured Housing Overlay District in a R5A Residential District as provided for by G.S. 160A-342 and the City of Fayetteville Code of Ordinances, Section 30-103, for lots known as 31-33 Silverleaf Drive and Lots 27-30 Bonnie Street. Containing 2.04 acres more or less and being the property of Jimmy Muggy as evidenced by deeds recorded in Deed Books 6551, 6552, and 6649, pages 899, 900, 19, 20, 27-31 and 157-165 respectively, Cumberland County Registry. E. Approve annexation agreement for Watson G. Caviness for property located on Sandhills Road. F. Approve annexation agreement for Floyd Construction Company for property located on Hoke Loop Road. G. Approve request for special sign permit for CommuniCare event on May 13, 2005. H. Approve transfer of property on Bunce Road to Lewis Chapel Missionary Baptist Church. RESOLUTION. RESOLUTION NO. R2005-031. I. Set June 28 for Elected Boards Summit for Comprehensive Plan. J. Adopt resolution approving assignment of franchise from KMC Telecom II, Inc., to TelCove, Inc., and authorize City Manger to execute the necessary documents. RESOLUTION. RESOLUTION NO. R2005-032. 3. PUBLIC HEARINGS: A. Case No. P05-16F. Consider the rezoning from R10 Residential District to P2 Professional District and R6 Residential District or to a more restrictive zoning classification for property located on Country Club Drive. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal described the surrounding land use and 2010 Land Use Plan, and showed site maps and pictures of the property. Mr. Teal stated the Zoning Commission had recommended approval of rezoning from R10 to P4 for the two parcels that abut Country Club Drive and denial of the rezoning from R10 to R6 for the remaining property. This is the advertised public hearing set for this date and time. The public hearing opened at 7:35 p.m. Mr. John Culbreth, 387 Hilliard Drive, Fayetteville, NC, spoke in favor of the rezoning. Mr. Culbreth, the developer, stated the development would be a private community with a gated entrance. He stated his plan would be for high-end single family and senior homes. Regarding concerns about traffic on Rosehill Road, Mr. Culbreth stated his plan had been redesigned so that all traffic enters and exits onto Country Club Drive. He further stated that he had been working with NCDOT on road improvements at the proposed intersection. Mr. Charles Parker, 2933 Rosehill Road, Fayetteville, NC, spoke in opposition to the R6 zoning. He stated he felt R10 zoning would keep the area from becoming overcrowded, and R6 would be a disaster to the existing neighborhood. Mr. Robert C. Williams, 2713 Rosehill Road, Fayetteville, NC, spoke in opposition to the R6 zoning. He stated he appreciated organized development as long as it would not destroy the beauty and nature of the existing area. He further stated that the developer had already been using Rosehill Road for the construction vehicles. Mr. Theodore Pearil, 340 West Water Way, Fayetteville, NC, also spoke in opposition to the rezoning. He stated he had moved to the area because it was a nice neighborhood, and felt his property values would decrease if the zoning were changed to R6. There was no one further to speak and the public hearing closed at 7:55 p.m. MOTION: Council Member Massey moved to rezone the two parcels contiguous to Country Club Drive to P2 and keep R10 Residential zoning on the remainder of the property. SECOND: Council Member Gonzalez Discussion was held regarding property values and the differences in the requirements of P2 and P4 zoning. Council Member Gonzalez stated that perhaps the property value would not decrease, but the quality of life would possibly be altered. VOTE: UNANIMOUS (10-0) B. Case No. P05-19F. Consider the rezoning from R5A Residential District to P1 Professional District or to a more restrictive zoning classification for the property located at 2813 Luther Avenue. Containing 1.67 acres more or less and being the property of Olivia Billings Farrell as evidenced by deeds recorded in Deed Book 5893, pages 690-694, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item, giving an overview of the surrounding land uses and the 2010 Land Use Plan. He stated that the 2010 Land Use Plan called for medium density residential and recommended denying the request. This is the advertised public hearing set for this date and time. The public hearing opened at 8:10 p.m. Mr. Jackie Hairr, 220 Dobbin Avenue, Fayetteville, NC, spoke in favor of the rezoning, stating he wanted to build a “class A” office building. There was no one further to speak and the public hearing closed at 8:11 p.m. MOTION: Council Member Worthy moved to approve rezoning from R5A Residential to P1 Professional. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) C. Case No. P05-20F. Consider the rezoning from R10 Residential District to P1 Professional District or to a more restrictive zoning classification for the property located at 3302 Boone Trail. Containing 0.69 acres more or less and being the property of Joyce Graham as evidenced by deeds in Deed Book 2097, pages 75 and 76, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal gave an overview of the current land use and 2010 Land Use Plan and showed a site map and photographs of the area. Mr. Teal further stated that the City Attorney had advised that rezoning to P1 Professional on this property would constitute illegal spot zoning. Mrs. Karen McDonald, City Attorney, confirmed that had been her opinion. She stated the Council, however, should make its decision after the public hearing based upon an evaluation of the factors. Council Member Williams questioned how a similar request was passed in 1997. Mr. Teal stated that the applicant in the previous case had requested P1 zoning, which would have been illegal spot zoning. He stated the Council at that time had asked for a land use study, and had voted to change the land use plan. He stated after changing the land use plan, the property had been rezoned. Mr. Teal answered questions regarding special use permits, traffic counts on Boone Trail, and the future widening of Boone Trail. This is the advertised public hearing set for this date and time. The public hearing opened at 8:25 p.m. Dr. Holly Richter, 2905 Mirror Lake Drive, Fayetteville, NC, spoke in favor of the rezoning. Dr. Richter presented information from the book Introduction to Zoning by David W. Owens, detailing the four factors that needed to be considered for spot zoning. She stated that spot zoning was permissible in North Carolina, only if it was reasonable. She felt her request was reasonable based on the information she had presented and the size of the property. Dr. Richter stated the 2010 Plan had been devised when looking at existing zoning conditions and had not account for growth or development. Dr. Richter further stated the traffic count on Boone Trail had not lend itself to a residential area and other property on Boone Trail that had been on the market for over a year had not sold because of the traffic. In addition, she stated she wanted to rezone this property because she could not afford land that had already been rezoned. She further stated her medical practice would have less impact on the neighborhood than the vacant house that was presently there, and would improve the surrounding property values. Dr. Richter asked the Council to remember that the key question was whether the zoning power was being exercised in the public interest rather than the benefit of a few owners. Mr. Larry Law, 3310 Boone Trail, Fayetteville, NC, spoke in opposition to the rezoning. Mr. Law gave a brief history of the area, and stated that the residents of Boone Trail had, some 30 years ago, petitioned the City for annexation because they wanted restrictions in their zoning. He stated the majority of adjacent neighbors were opposed to the rezoning. Mr. Law also stated that the residents of Boone Trail had requested an additional lane be added to alleviate some of the traffic. Ms. Phyllis Elmore, 3318 Boone Trail, Fayetteville, NC, spoke in opposition to the rezoning stating that most of the residents had been in the area since the late 1950s and would be saddened if the property were rezoned and the character of the neighborhood was changed. There was no one further to speak and the public hearing closed at 8:50 p.m. MOTION: Council Member Gonzalez moved to deny the petition to rezone to P1. SECOND: Council Member Smith Discussion was held regarding whether the request constituted spot zoning. Council Member Gonzalez expressed her concern that the rezoning would be detrimental to the neighborhood and that businesses should not be in residential areas. SUBSTITUTE MOTION: Council Member Williams moved to refer to staff for Land Use Plan. SECOND: Council Member Dawkins VOTE: FAILED by a vote of 3 in favor (Council Members Williams, Keefe, and Dawkins) to 7 in opposition Council Member Keefe asked Dr. Richter if she would be amenable to any other zoning. Dr. Richter replied that P4 would be acceptable, but she would have to change the footprint of her building. SUBSTITUTE MOTION: Council Member Keefe moved to rezone to P4. SECOND: Council Member Williams VOTE: FAILED by a vote of 4 in favor (Council Members Dawkins, Keefe, Williams, and Pitts) to 6 in opposition ORIGINAL MOTION VOTE: PASSED by a vote of 8 in favor to 2 in opposition (Council Members Williams and Dawkins) D. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated noncontiguous annexation area by Elmwood Partners, LLC (Located on the west side of Rayconda Road and across from Kodiak Drive). Mr. Jimmy Teal, Chief Planning Officer, presented this item, giving an overview of the current surrounding land use and the 2010 Land Use Plan. He further stated that staff had reviewed the plan and all departments could serve this property with existing services. He also expressed concern about Justice Department approval prior to the November election. He recommended the effective date for this annexation be November 9, 2005. This is the advertised public hearing set for this date and time. There being no one to speak, the public hearing opened and closed at 9:30 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (WOODLAND VILLAGE APARTMENTS – LOCATED ON THE WEST SIDE OF RAYCONDA ROAD, ACROSS FROM KODIAK DRIVE). ANNEXATION ORDINANCE NO. 2005-05-480. MOTION: Council Member Worthy moved to adopt the annexation ordinance with an effective date of November 9, 2005. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) E. Consider Fiscal Year 2005-2006 Recommended Budget. This is the advertised public hearing set for this date and time. The public hearing opened at 9:32 p.m. Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, spoke regarding not increasing taxes and looking for ways to improve services for senior citizens. Mr. Tom Parent, 603 Dandridge Drive, Fayetteville, NC, spoke regarding City services, stating that cutting taxes would not be the right answer. He further stated that instead of reducing taxes the tax money should be spent providing bus service to the proposed Phase V annexation areas. Mr. Skip Carr, P.O. Box 2769, Fayetteville, NC, spoke regarding the cost of Kaleidoscope and proposed using his service, On the Town TV, because he could provide the service for less. Mr. Keith Bates, 5405 Chesapeake Road, Fayetteville, NC, stated he would like to keep the tax rate the same and get all of the dirt streets paved. He also stated that City employees needed the 4 percent increase. Mr. Brian Irving, 1713 Veanna Drive, Fayetteville, NC, stated that the tax rate should be kept the same or lowered thereby giving all citizens a pay raise. He recommended cutting the funds for Council retreats, League of Municipalities dues, lobbyists, and outside agencies, and suggested that Council consider the art of compromise. There was no one further to speak and the public hearing closed at 9:47 p.m. MOTION: Council Member Kirby moved to continue the budget discussion at a work session on May 16, 2005, at 6:00 p.m. SECOND: Council Member Massey Council Member Gonzalez requested a report at the work session on the total amount spent on annexation to date. Council Member Smith requested a report on the cost for paving all soil streets in the City. VOTE: UNANIMOUS (10-0) 4. PWC Matters: A. Strategic Business report for April 2005. Mr. Wilson Lacy, PWC Chairman, presented this item. He noted the North Carolina Electric Membership Cooperative group had initiated legislation that would limit PWC’s electric system growth. He further stated that PWC would be working with legislators to oppose the proposed law. 5. Consider adopting the resolution providing for the issuance of $8,450,000.00 General Obligation Public Improvement Bonds, Series 2005. Ms. Lisa Smith, Chief Financial Officer, presented this item. She stated this was the last action that needed to be taken before issuing the bonds. RESOLUTION PROVIDING FOR THE ISSUANCE OF $8,450,000.00 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2005. RESOLUTION NO. R2005-033. MOTION: Council Member Keefe moved to adopt the resolution. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) 6. Presentation on Third Quarter Strategic Plan Report. Mr. Doug Hewett, Strategic Initiatives and Corporate Communications Director, presented this item. He gave an overview of the accomplishments made during the third quarter regarding the strategic plan and discussed the future goals. Mr. Bill Martin, President, Cumberland County Business Council, reported on the Business Council activity for the quarter, including the number of business inquiries, contacts for business expansion, and the new prospects for downtown. 7. BOARDS AND COMMISSIONS: A. Nominations 1. Board of Appeals on Dwellings and Buildings – 2 vacancies Council Member Gonzalez nominated Mr. Joseph Fleming and Mr. Andrew Walls for reappointment to the Board. 2. Airport Commission – 1 vacancy Mr. Jim Arp was nominated by Council Member Keefe. Dr. Dudley Miller was nominated by Council Member Dawkins. B. Information: June Vacancies 1. Airport Commission – 1 vacancy 2. Animal Control Board – 1 vacancy 3. Human Relations Commission - 4 vacancies 4. Public Works Commission – 1 vacancy 5. Storm Water Advisory Committee – 2 vacancies C. Information: July Vacancies 1. Parks and Recreation Commission – 7 vacancies INFORMATION ITEMS: 1. Notice of public hearing for the improvement of NC 24-87 (Bragg Boulevard) from US 401 Bypass (Skibo Road) to north of the Shaw Road/Santa Fe Drive intersection. 2. Thank you letter from Town of Spring Lake for use of City’s mobile stage at the Spring Lake Spring Fling. 3. Update on Capital Improvements at the Northeast Regional Recreation Center from the Fayetteville-Cumberland County Parks and Recreation Department. 4. Police Department – Report from the Office of Professional Standards and Inspections for the month of March 2005. 5. Parks and Recreation Advisory Commission – minutes of April 4, 2005. 6. Airport Commission – minutes of March 29, 2005. MOTION: Council Member Smith moved to adjourn the meeting. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) The meeting adjourned at 10:15 p.m. SPECIAL BUDGET MEETING MAY 16, 2005 FAYETTEVILLE CITY COUNCIL SPECIAL BUDGET MEETING LAFAYETTE ROOM, CITY HALL MAY 16, 2005 6:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5), Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Stanley Victrum, Assistant City Manager Jason Brady, Governmental Affairs and Public Information Director Lisa Smith, Chief Financial Officer Stacy K. Hansen, Deputy City Clerk Members of the Press Staff Mayor Pitts called the meeting to order at 6:10 p.m. FY 2005-2006 BUDGET DISCUSSION In response to Council Member Smith’s request, City Manager Roger Stancil presented a list of all soil streets in the City and stated the cost of paving those streets would be approximately $10,000,000.00. He further stated that Council had previously funded some of the soil streets on the list. In response to Council members’ request to lower the tax rate, Mr. Stancil gave an overview of the general tax rate history from FY 1990-1991 through FY 2004-2005, showing the last tax rate decrease was in FY 1996-1997 due to a revaluation by Cumberland County. He also gave an overview of the top priorities of the 2005-2006 Policy Agenda and the cost for funding those items. Mr. Stancil stated that no funds had been budgeted for the major capital projects. His recommendation was to keep the tax rate as it was and to use the $1,600,000.00 from the sales tax revenue to start the capital projects. He stated that in order to cut the tax rate the City would have to cut services. Discussion ensued regarding the benefits of decreasing the tax rate versus maintaining the property tax rate and improving services to the citizens. Further discussion ensued regarding employee compensation. Council Member Gonzalez expressed concern that the City had been working with PWC to get employee compensation equal, but PWC continued to increase their compensation rate. Discussion continued regarding the need to equalize pay without adversely impacting PWC employees. In response to Council Member Gonzalez’s request on the costs for Phase 5 annexation, City Manager Roger Stancil presented a chart showing an estimation of the costs and gave a brief description of each expenditure. Council Member Dawkins stated he would like to see some funds set aside for repair of damaged headstones at the City’s cemeteries. He proposed hiring a grant writer to solicit grants for the repair project. CONSIDER CLOSED SESSION MOTION: Council Member Smith moved to go into closed session to preserve the attorney-client privilege. SECOND: Council Member Worthy VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Dawkins) The regular session recessed at 7:40 p.m. MOTION: Council Member Smith moved to reconvene in open session. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) The regular session reconvened at 8:20 p.m. Brief comments were made regarding working with the County Commissioners regarding extra territorial jurisdiction and joint planning. Council Member Williams inquired as to the status of the voluntary annexation petitions of Mr. John Koenig. City Attorney Karen McDonald responded that it was her understanding that Mr. Koenig was interested in having all three parcels annexed, however, the petitions were not complete. MOTION: Council Member Massey moved to adjourn the meeting. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) The meeting adjourned at 8:30 p.m. REGULAR MEETING MAY 23, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MAY 23, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Stanley Victrum, Assistant City Manager Doug Hewett, Strategic Initiatives and Corporate Communications Director Robert Barefoot, Chief Operating Officer for Engineering and Maintenance Steve Blanchard, PWC CEO/General Manager Jason Brady, Governmental Affairs and Public Information Director Stacy K. Hansen, Deputy City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Council Member Worthy, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. SPECIAL EVENTS: The Mayor and Council members reviewed the special events for the month of May 2005. RECOGNITION: Kaleidoscope: Views of our All-America City awarded the Videographer Award of Excellence (#1 honor) and the City Song received the Videographer Award of Distinction (#2 honor). The program was also named a Winner (Top award Ranking) in the Telly Awards competition - appreciation to Jan Johnson, Pat Wright, and George Breece. 1. APPROVAL OF AGENDA MOTION: Council Member Massey moved to approve the agenda. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) 2. PUBLIC FORUM: Mr. Keith Bates, 5404 Chesapeake Road, Fayetteville, NC, spoke regarding the budget, and thanked Council for not raising taxes. He also commended Council for paving the soil streets and hopes that the City continues to fund Cross Creek, Festival and Freedom Parks. He further stated that the City should spend the $2,750.00 to extend the sidewalks in the Montclair neighborhood. Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, spoke regarding the 2030 Land Use Plan, stating that before a land use plan is put into effect the water supply should be considered. He further stated that there were no funds in the budget for the Senior Citizen’s Multipurpose Center. 3. CONSENT: MOTION: Council Member Keefe moved to approve the consent agenda. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) The following items were approved: A. Approve minutes: 1. Council work session held on May 2, 2005. B. Approve the following financial matters: 1. Approve 2005 FAA grant for the Fayetteville Regional Airport. 2. Approve actions to authorize expenditures on grant projects above. a. Capital Project Ordinance 2005-12 (Miscellaneous Airport Projects). b. Capital Project Ordinance Amendment 2005-18 (Airport Parking Lot Improvements). This amendment will appropriate $49,100.00 from the Airport Operating Fund balance for improvements to the rental car parking lot. 3. Award piggyback on Town of Cary contract for purchase of one each fire pumper to Pierce Manufacturing/Triad, Inc. in the amount of $354,619.00. 4. Capital Project Ordinance Amendment 2005-17 (Freedom Memorial Park). This amendment will appropriate $25,000.00 from the City’s utility fund for the Brook of Peace, Freedom Memorial Park’s central water feature. 5. Capital Project Ordinance Amendment 2005-19 (Fountain at Festival Park Entrance). This amendment will appropriate a cash contribution and pledge totaling $118,000.00 for the fountain in the roundabout near the future entrance of Festival Park. An additional $22,000.00 General Fund transfer is recommended to pay for design of the fountain and other ancillary costs associated with construction of the fountain. 6. Capital Project Ordinance Amendment 2005-20 (Linear Park - Phase II). This amendment will appropriate $600,000.00 in projected future donations for the second phase and provide for the expenditure of those funds as they are available. 7. Various Capital Project and Special Revenue Ordinance Closeouts. a. Capital Project Ordinance Closeout 2005-3 (Miscellaneous Park Improvements). b. Capital Project Ordinance Closeout 2005-4 (General Aviation Ramp and Runway Safety areas grant). c. Capital Project Ordinance Closeout 2005-5 (Phase II General Aviation Apron Rehabilitation and Phase III Runway Safety Area Improvements Grant). d. Capital Project Ordinance Closeout 2005-6 (Security Enhancements Grant – Fingerprint Machine). e. Special Revenue Fund Project Ordinance Closeout 2005-2 (FY 2003 Juvenile Restitution Grant Program). f. Special Revenue Fund Project Ordinance Closeout 2005-3 (Governor’s Crime Commission Mobile Data Computer Project Grant). 8. Adopt resolution of the City Council of the City of Fayetteville, North Carolina, approving an installment financing contract pursuant to N.C.G.S. § 160A-20 with Chase Equipment Leasing, Inc., for the Financing of the 800 MHz Radio System Upgrade. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT PURSUANT TO N.C.G.S. § 160A-20 WITH CHASE EQUIPMENT LEASING, INC., FOR THE FINANCING OF THE 800 MHz RADIO SYSTEM UPGRADE. RESOLUTION NO. R2005-034. C. Approve key elements of the Strategic Plan for FY 2005-2006. D. Approve request for special sign permit for Home Builders Association of Fayetteville's Parade of Homes on the weekends of June 4 and 11. E. Refer to Policy Committee the discussion of possible change to City Council Policy 130.1 to change "15 years" to "10 years" of service before a police office is able to receive weapon at retirement. F. Approve agreement with Freedom Memorial Park Committee for funds appropriated for park improvements. G. Approve agreement with Cross Creek Linear Park Corporation for funds appropriated for park improvements. 4. PUBLIC HEARINGS: A. Consider permanent closure of a portion of Wesley Avenue. Mr. Robert Barefoot, Chief Operating Officer for Engineering and Maintenance, presented this item. Mr. Barefoot stated property owners in the area requested this street closing. This is the advertised public hearing set for this date and time. The public hearing opened at 7:30 p.m. Ms. Betty T. Johnson, 4560 Turquoise Road, Fayetteville, NC, spoke in favor of the closure. She stated she purchased property abutting Wesley Avenue and a portion of the house on her property was built in the right of way of Wesley Avenue. She also stated that that portion of Wesley Avenue was unused other than as a dumping ground. Mr. Cleveland Brown, 22057 Highway 87 East, Riegelwood, NC, spoke in favor of the closure. He has invested in the area and would like to see the street closed. There was no one further to speak and the public hearing closed at 7:35 p.m. RESOLUTION AND ORDER CLOSING A PORTION OF WESLEY AVENUE. RESOLUTION NO. R2005-035. MOTION: Council Member Haire moved to adopt the resolution. SECOND: Council Member Williams VOTE: UNANIMOUS (10-0) B. Consider the paving without petition of Eleanor Street, Harper Street, Long Street, Vander Street, and Triangle Place. Mr. Robert Barefoot, Chief Operating Officer for Engineering and Maintenance, presented this item, showing photographs of the streets in dry weather as well as following rain. Mr. Barefoot stated these were a group of streets that were within the same neighborhood. He also stated that the recommendation is for strip paving with asphalt curbing where necessary. Further, the streets would be paved to match the existing paved streets in the area. Mr. Barefoot also answered questions regarding fire hydrants and drainage. This is the advertised public hearing set for this date and time. The public hearing opened at 7:42 p.m. Mr. B. G. Martin, 205 Stokes Court, Fayetteville, NC, spoke in favor of paving. He stated he owns property in the area and would be more than willing to pay $10.00 per linear foot of frontage assessment. Mr. Ralph Brewington, 1707 Long Street, Fayetteville, NC, spoke in favor of the paving, stating he owns five properties and would like to have a paved street. Mr. Curley Brown, 1708 Long Street, Fayetteville, NC, stated that paving the streets would be the best thing to ever happen in the neighborhood. There was no one further to speak and the public hearing closed at 7:47 p.m. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF ELEANOR AVENUE FROM HARPER STREET TO SAPONA ROAD, HARPER STREET FROM SOUTH PLYMOUTH STREET TO ELEANOR AVENUE, LONG STREET FROM TRIANGLE PLACE TO HAMMOND STREET, VANDER STREET FROM SOUTH PLYMOUTH STREET TO ELEANOR AVENUE, TRIANGLE PLACE FROM RAILROAD STREET TO HARPER STREET. RESOLUTION NO. R2005-036. MOTION: Council Member Smith moved to adopt the resolution. SECOND: Council Member Kirby VOTE: UNANIMOUS (10-0) 5. Consider canceling the June 13, 2005, Council meeting. Mr. Roger Stancil, City Manager, presented this item. He stated that neither he nor the Mayor would be able to attend on that date. He also stated that the only item scheduled was the public hearing on the remaining streets considered for paving. He further stated that no notices had been sent and recommended the re-adopting the resolution setting the public hearing. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF ALFRED STREET FROM CAMPBELL AVENUE TO VANSTORY STREET, BROADFOOT AVENUE FROM SIMPSON STREET TO MORGAN STREET, ROOSEVELT STREET FROM WILMA STREET TO DEAD END, SCARBOROUGH STREET FROM OLD WILMINGTON ROAD TO “C” STREET, HAMMOND STREET AND RAILROAD STREET. RESOLUTION NO. R2005-037. MOTION: Council Member Worthy moved to adopt the resolution and cancel the June 13, 2005 meeting. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) 6. PWC Matters: A. Consider resolution in support of Municipal power systems to provide communication services as allowed by other utility systems. Steve Blanchard, PWC General Manager, presented this item. Mr. Blanchard stated that this resolution is in support of municipal power systems providing communication services. Council Member Dawkins asked if the resolution would mean the City would be in competition with the other local Internet providers, such as Time Warner and Sprint. Mr. Blanchard stated that the resolution is only to keep the City’s options open if it should decide to provide those services to its customers and/or the public. RESOLUTION TO SUPPORT MUNICIPAL POWER SYSTEMS TO PROVIDE COMMUNICATION SERVICES AS ALLOWED BY OTHER UTILITY SYSTEMS. RESOLUTION NO. R2005-038. MOTION: Council Member Massey moved to adopt the resolution. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) B. Consider resolution to support the expansion and availability of electric transmission facilities to support open access and wholesale competition between all electric utility suppliers. Mr. Steve Blanchard, PWC General Manager, presented this item. He stated the resolution allows options for flexibility in purchasing electricity in the future. RESOLUTION TO SUPPORT THE EXPANSION AND AVAILABILITY OF ELECTRIC TRANSMISSION FACILITIES TO SUPPORT OPEN ACCESS AND WHOLESALE COMPETITON BETWEEN ALL ELECTRIC UTILITY SUPPLIERS. RESOLUTION NO. R2005-039. MOTION: Council Member Williams moved to adopt the resolution. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) 7. Consider endorsement of request to Time Warner Cable to provide an Educational Program Channel. Dr. Larry Norris, President, Fayetteville Technical Community College, and Dr. Bill Harrison, Superintendent, Cumberland County Schools, presented this item. Dr. Norris thanked the Council for the opportunity to present the request. Dr. Harrison stated the City of Fayetteville, as franchise owner, needed to make an official request to Time Warner for an additional cable channel on behalf of the community educational consortium. MOTION: Council Member Smith moved to Endorse the Request to Time Warner Cable to provide an additional Educational Program Channel. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) 8. Consider adoption of Recommended Budget for Fiscal Year 2006. Mr. Roger Stancil, City Manager, presented this item. MOTION: Council Member Worthy moved to approve the budget as recommended by the City Manager. SECOND: Council Member Massey SUBSTITUTE MOTION: Council Member Williams moved to adopt the recommended budget with a one cent per $100.00 reduction in the property tax rate SECOND: Council Member Keefe Discussion was held regarding the pros and cons of a tax reduction. Council Member Massey called for the question and an end to the debate. VOTE: PASSED by a vote of 8 in favor to 2 in opposition (Council Members Williams and Gonzalez) The motions regarding the approval of the budget ordinance were then voted on. SUBSTITUTE MOTION VOTE: FAILED by a vote of 4 in favor (Council Members Williams, Gonzalez, Keefe, and Dawkins) to 6 in opposition (Council Members Pitts, Kirby, Haire, Smith, Worthy, and Massey) ORIGINAL MOTION VOTE: PASSED by a vote of 6 in favor (Council Members Pitts, Kirby, Haire, Smith, Worthy, and Massey) to 4 in opposition (Council Members Williams, Gonzalez, Keefe and Dawkins) 9. Discussion concerning the connecting of a new sidewalk on Brighton Road with an existing sidewalk on Belford Road in the Montclair neighborhood. Council Member Dawkins presented this item and stated that new business construction had taken place in the area with sidewalks installed, but the remainder of the neighborhood had no sidewalks. He further stated that the residents of the neighborhood have to walk in the street. MOTION: Council Member Dawkins moved to refer the sidewalk plan to the Staff for a proposal of the exact amount for the construction of the sidewalks, and if the cost is below $2500.00 to move forward with the sidewalks. SECOND: Council Member Williams City Manager Roger Stancil stated that Staff had given an estimate of $2,750.00 for the sidewalk construction. Mr. Stancil also answered questions regarding the policy for constructing sidewalks. AMENDED MOTION: Council Member Dawkins amended his motion to authorize construction of sidewalks in the Montclair neighborhood connecting sidewalks on Brighton Road with sidewalks on Belford Road and to refer the matter to the Policy Committee for further study. VOTE: UNANIMOUS (10-0) 10. BOARDS AND COMMISSIONS: A. APPOINTMENTS: 1. Airport Commission – 1 vacancy Dr. Dudley C. Miller was appointed to fill the vacancy of Fred Farmer. B. JUNE VACANCIES Nominations 1. Airport Commission – 3 vacancies Council Member Keefe nominated Jim Arp. Council Member Massey nominated Sarita Mallard for a second term. Council Member Keefe nominated James Wilson for a second term. Council Member Keefe nominated John Wyatt, III, for a second term. 2. Animal Control Board – 1 vacancy Council Member Dawkins nominated Carol Langdon for a second term. 3. Joint City and County Human Relations Commission - 4 vacancies Council Member Smith nominated Pamela Story. Council Member Smith nominated Pauline Goodman for a second term. Council Member Smith nominated Patricia Johnson for a second term. Council Member Smith nominated Frank Maness, Jr. for a first term. 4. Public Works Commission – 1 vacancy Council Member Haire nominated Wilson Lacy for a second term. 5. Joint Storm Water Advisory Board – 2 vacancies Council Member Williams nominated Robert M. Bennett for a second term. Mayor Pro Tem Kirby nominated Joseph G. Glass for a second term. C. JULY VACANCIES Nominations 1. Joint City and County Parks And Recreation Advisory Commission – 7 vacancies – initially 3 members to serve two-year terms and 4 members to serve three-year terms No nominations were made at this time. 11. ADMINISTRATIVE REPORTS A. Council Major Projects Report. INFORMATION ITEMS: 1. Minutes of May 3, 2005, Transportation Committee meeting. 2. Minutes of May 5, 2005, Development Committee meeting. 3. Statement of taxes collected for the month of April 2005 from the Cumberland County Tax Administration. 2004 Taxes $243,327.41 2004 Vehicle Taxes 244,093.35 2004 Revit 847.17 2004 Vehicle Revit 76.87 2004 FVT 28,900.67 2004 Storm Water 14,907.53 2003 Taxes 24,892.95 2003 Vehicle Taxes 11,214.15 2003 Revit 79.72 2003 Vehicle Revit 0.00 2003 FVT 1,806.00 2003 Storm Water 1,656.09 2002 Taxes 10,262.20 2002 Vehicle Taxes 1,606.86 2002 Revit 0.00 2002 Vehicle Revit 0.00 2002 FVT 297.89 2002 Storm Water 642.03 2001 Taxes 4,227.21 2001 Vehicle Taxes 1,570.34 2001 Revit 0.00 2001 Vehicle Revit 0.00 2001 FVT 340.52 2001 Storm Water 338.28 2000 and Prior Taxes 3,757.66 2000 and Prior Vehicle Taxes 3,165.87 2000 and Prior Revit 0.00 2000 and Prior Vehicle Revit 0.00 2000 and Prior FVT 702.98 2000 and Prior Storm Water 768.41 Interest 33,857.70 Interest (Revit) 44.49 Interest (Storm Water) 2,023.19 Fayetteville Discount (Current) 0.00 Fayetteville Discount (Revit) 0.00 Total Collections $635,407.54 4. Letter from Cherry, Bekaert and Holland, City’s Audit Firm, describing the nature and scope of their audit procedures for the fiscal year ending June 30, 2005. 5. Letter from Time Warner Cable announcing the joint acquisition of Adelphia Communications Corporation. 6. Quarterly Financial Review for nine-month period ending March 31, 2005. 7. Status of ongoing annexation projects. MOTION: Council Member Smith moved to adjourn the meeting. The motion died due to lack of a second. Discussion was held regarding the agenda for the June 6, 2005 work session and the possibility of canceling that meeting. MOTION: Council Member Haire moved to adjourn the meeting. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) The meeting adjourned at 9:00 p.m. REGULAR MEETING JUNE 27, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JUNE 27, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3) (arrived at 8:15 p.m.); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6); Juanita Gonzalez (District 8) Absent: Council Members Curtis Worthy (District 7) and Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Stanley Victrum, Assistant City Manager Robert Barefoot, Parks and Recreation Director Jimmy Teal, Chief Planning Officer Steve Blanchard, PWC CEO/General Manager Dwight Miller, PWC Chief Financial Officer Jason Brady, Governmental Affairs and Public Information Director Stacy K. Hansen, Deputy City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Council Member Mable C. Smith, followed by Boy Scout Troop Number 776, Friends of Special Operations, leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: Mayor Pitts congratulated PWC for receiving the American Public Power Association’s Community Service Award at the Association’s National Conference in Anaheim, California. Mayor Pitts recognized Scott Hagwood for becoming America’s Grandmaster of Memory and for being a four-time USA Memoriad Champion. Mr. Moses Mathis was recognized for being presented with The Jefferson Award for Public Service. 1. APPROVAL OF AGENDA MOTION: Council Member Haire moved to approve the agenda. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (7-0) 2. PUBLIC FORUM: Mr. Eddie Hollingsworth, 336 Summerhill Road, Fayetteville, NC, spoke regarding animal ownership. He asked the Council to adopt an ordinance regarding the number of dogs allowed in the City. He stated that the persons living adjacent to his back yard were breeding pit bulls and rottweilers. Mr. Hollingsworth also offered pictures of the animals for Council to view. Ms. Jutta King, 149 Summerhill Road, Fayetteville, NC, spoke regarding the dog breeding in the Summerhill neighborhood. Ms. King, a dog trainer and obedience teacher, stated she is concerned about the animals being kept on logging chains because it has been shown that chaining makes dogs more aggressive. She also stated that she could hear the dogs barking from over a block away. Mr. Chris Harris, 1912 Murchison Road, Fayetteville, NC, spoke regarding harmony within the City and asked Council to take a stand against activities that prohibit certain groups from succeeding. He stated Fayetteville should adopt an ordinance similar to that adopted by Durham. Mr. Larry Rivera and Mr. Frederick Wallace, 4515 Bragg Boulevard, Fayetteville, NC, spoke regarding the mural at 4509 Bragg Boulevard and how the owner of that business was using intimidation tactics to try to force them out of business. Mr. Jimmy Harvey, 3274 Rosehill Road, Fayetteville, NC, thanked Council for having an open forum for the citizens. He also discussed bringing harmony to the City and asked the Council to please step in and take care of the problem. Mr. James Kiddy, 330 Summerhill Road, Fayetteville, NC, spoke regarding the dog breeding in the Summerhill neighborhood. He stated the dogs bark uncontrollably and his family cannot enjoy being outside because of the odor. Mr. Andy Anderson, 1517 Hope Mills Road, Fayetteville, NC, spoke regarding the Planning Commission’s public hearing held at Sherwood Park Elementary School. He requested that Council ask the Planning Commission to have another hearing and notify all of the residents so that their opinions can be made known. Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, spoke regarding Klan activities in the City of Fayetteville. Mr. Tom Parent, 603 Dandridge Drive, Fayetteville, NC, asked questions of Council regarding lowering the sewer assessment cap, annexing Gray’s Creek, annexing east of the river, pumping failing sewer systems, plan and timeline to extend bus services, and broadcasting the Council meetings on the web. Mr. Walter Murphy, 7033 Timbercroft Lane, Fayetteville, NC, spoke regarding BRAC and annexation. 3. CONSENT: Council Member Gonzalez requested to pull Item 3.J. for discussion. MOTION: Mayor Pro Tem Kirby moved to approve the consent agenda with the exception of Item 3.J. SECOND: Council Member Smith VOTE: UNANIMOUS (7-0) A. Approve minutes 1. Regular meeting of May 9, 2005. 2. Council budget session held on May 16, 2005. 3. Regular meeting of May 23, 2005. B. Approve the following financial matters: 1. City Investment Policy consistent with implementation of GASB Statement 40. 2. Final Amended Budget Ordinance for Fiscal Year 2005. 3. Various Capital Project and Special Revenue Fund Project Closeouts: a. Capital Project Ordinance Closeout 2005-7 (Paving of Soil Streets). It was necessary to close this ordinance because this project will be included in a separate budget action associated with the $8.45 million bond issue recently approved by Council. b. Special Revenue Fund Project Ordinance Partial Closeout 2005-4 (Community Development Block Grant Program). This ordinance was closed because various projects have been completed and audited. c. Special Revenue Fund Project Ordinance Partial Closeout 2005-5 (HOME Investment Partnerships Program). This ordinance was closed because various projects have been completed and audited. 4. Capital Project Ordinance Amendment 2005-21 (FY2005 Street Resurfacing) This amendment will appropriate $1,221,000.00 for FY 2005 annual street resurfacing. This project will be funded by a FY 2005 General Fund transfer (source of funding is Powell Bill revenue) and will allow City staff to proceed with the resurfacing of the FY 2005 streets. 5. Capital Project Ordinance Amendment 2005-22 (Festival Park). This amendment will reduce the appropriation for this portion of the Festival Park by $3,722,671.00 since the City appropriated bond proceeds for a portion of the project in a separate project ordinance for the park on January 10, 2005. This action is consistent with the financial plan to fund the Festival Park project with funds from Progress Energy. 6. Capital Project Ordinance Amendment 2005-23 (General Obligation Public Improvement Bonds, Series 2005). This amendment will appropriate the remaining portion of the $8.45 million bond proceeds and estimated investment earnings of $60,000.00. Council previously appropriated $3,338,500.00 in financing proceeds and $210,000.00 in a General Fund transfer for the FSU fire station. This action will appropriate all of the bond funds for the projects as previously approved by Council. 7. Capital Project Ordinance Amendment 2005-24 (Westover Recreation Center). This amendment will reduce the appropriation for this portion of the project ordinance for the Westover Recreation Center by $2,821,500.00 since the Council appropriated bond proceeds for a portion of the project in a separate ordinance on January 10, 2005. This action is consistent with the financial plan to fund the Westover Recreation Center. 8. Special Revenue Fund Project Ordinance Amendment 2005-6 (FY 2003 Local Law Enforcement Block Grant Interest). This amendment will appropriate the interest earned on grant funds to the grant projects. The FY 2003 LLEBG was originally appropriated by Council on November 17, 2003, to enhance and upgrade technology for the Police Department. 9. Special Revenue Fund Project Ordinance Amendment 2005-7 (FY 2004 Local Law Enforcement Block Grant Interest). This amendment will appropriate the interest earned on grant funds to the grant projects. The FY 2004 LLEBG was originally appropriated by Council on August 23, 2004, to purchase equipment for the Police Department. 10. Special Revenue Fund Project Ordinance Amendment 2005-8 (FY 2006 Community Development Block Grant Program Income) and Special Revenue Fund Project Ordinance Amendment 2005-9 (FY 2006 HOME Investment Partnerships Grant Program Income). This amendment will appropriate a program income of $151,813.00 and $132,605.00 for administration of the CDBG and HOME program grants for FY 2006. These funds will be used to pay Community Development staff until the new CDBG and HOME grants are appropriated within the next two months. 11. Capital Project Ordinance 2005-13 (300 Block of Hay Street). This ordinance will establish a $1,400,000.00 capital project ordinance to separately track the costs associated with the City’s participation in the 300 Block of Hay Street Project. The costs will include land acquisition, demolition, and parking improvements. The source of funding will be a transfer from the General Fund and an interfund loan from the City’s Warranty Fleet Fund. 12. Special Revenue Fund Project Ordinance 2005-6 (FY 2006 Juvenile Restitution Grant). This ordinance will appropriate $118,521.00 for the Juvenile Justice and Delinquency Prevention Program for fiscal year 2005-2006. The funding for this program will be $95,635.00 in grant funds, $13,386.00 in Cumberland County funds, and a $9,500.00 City of Fayetteville in-kind match for office space, supplies, and materials. 13. Capital Project Ordinance Amendment 2005-25 (1996 Bond Project Interest). This amendment will appropriate $12,000.00in interest earnings associated with the 1996 general obligation bond issue. These funds must be used for the bond fund projects. The bond proceeds were used to construct drainage, street, and sidewalk improvements. 14. Capital Project Ordinance Amendment 2005-26 (1999 Streets Bond Project Interest). This amendment will appropriate $3,500.00 in interest earnings associated with the 1999 general obligation bond issue. These funds must be used for the bond fund projects. The bond proceeds were used to construct various street improvements in the City. 15. Capital Project Ordinance Amendment 2005-27 (1999 Annexation Bond Project Interest). This amendment will appropriate $2,500.00 in interest earnings associated with the 1999 general obligation bond issue. These funds must be used for the bond fund projects. The bond proceeds were used to construct various infrastructure improvements in areas annexed by the City. 16. Capital Project Ordinance Amendment 2005-28 (Urban Signal System). This amendment will appropriate $280,000.00, previously transferred from the General Fund, for the urban signal system. The City is required to provide a local match equal to 11.9 percent of the estimated $11.5 million design and construction cost. The amended ordinance reflects the City’s share of the design and construction cost as well as any ancillary costs associated with the project. An update on the signal system project was provided to City Council in May. 17. Contract for radio system upgrade to the low bidder, SBC – Advanced Enterprise Solutions, Durham, NC, in the amount of $105,402.67. Bids were received as follows: SBC – Advanced Enterprise Solutions (Durham, NC) $105,402.67 Datanet Services, Inc. (Greensboro, NC) $108,686.90 GovConnection, Inc. (Merrimack, NH) $111,917.40 Netcom Business Solutions, Inc. (Fayetteville, NC) $112,850.44 Sprint Corporation (Fayetteville, NC) $119,475.83 18. Contract for resurfacing of various streets to the lowest responsive, responsible bidder, Barnhill Contracting Co., Fayetteville, NC, in the amount of $1,151,845.86. Bids were received as follows: Barnhill Contracting (Fayetteville, NC) $1,151,845.86 Coastal Carolina Division of APAC (Kinston, NC) $1,223,987.56 Autry Grading (Hope Mills, NC) $1,488,885.30 19. Contracts related to Airport 2005 FAA grant projects. a. Contract to Barnhill Contracting Co. for Airport Terminal Loop Road & rental car parking lot. b. HNTB task order for Construction administration and inspection services – Airport terminal loop road and rental car parking lot. c. HNTB task order to conduct a Pavement Condition Index (PCI) report for the Airport. d. HNTB task order to design, construction administration, and inspection of modifications to the Airport rotating beacon. e. HNTB task order to design, construction administration, and inspection of Airport terminal phase III renovations. C. Adopt resolution pursuant to N.C.G.S. 160A-58.2 setting July 11, 2005, as a date for a public hearing for a petition-initiated noncontiguous annexation area (Parker to Yates Property – Located on the Northern side of Century Circle). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED NON-CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-58.2. RESOLUTION NO. R2005-040. D. Adopt resolution pursuant to N.C.G.S. 160A-31 setting July 11, 2005, as a date for a public hearing for a petition-initiated contiguous annexation area (Legacy at Carrington Place Apartments – Located on the Western side of Reilly Road, across from Riegelwood Street). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-58.2. RESOLUTION NO. R2005-041. E. Adopt resolution pursuant to N.C.G.S. 160A-31 setting July 11, 2005, as a date for a public hearing for a petition-initiated contiguous annexation area (State Employee Credit Union – Located at the Western side of Ramsey Street, Northern side of McArthur Road). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-58.2. RESOLUTION NO. R2005-042. F. Adopt resolution pursuant to N.C.G.S. 160A-31 setting July 11, 2005, as a date for a public hearing for a petition-initiated contiguous annexation area (McKinley Reserve Section Two – Located on the Northern end of Thamesford Drive). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-58.2. RESOLUTION NO. R2005-043. G. Adopt resolution correction the paving assessment roll for 2218 Jumalon Street. RESOLUTION. RESOLUTION NO. R2005-044. H. Approve recommendation on legal, communications/marketing, and water/sewer discussions between City Council and Public Works Commission. I. Refer Wrecker Ordinance to Policy Committee. J. Pulled for discussion by Council Member Gonzalez. J. Refer to the Human Relations Commission for review the mural on the building at 4509 Bragg Boulevard. Council Member Gonzalez pulled this item for discussion. Mrs. Gonzalez questioned where the City stood legally on this issue. She stated that the Gang Task Force had looked at the mural and that the mural had been up for over a year. Council Member Massey arrived at 8:15 p.m. Mayor Pitts stated the reason for referring this to the Human Relations Commission was to bring all parties together to attempt to resolve the problem. Council Member Gonzalez asked that Council be notified when the Human Relations Commission meets to discuss this issue. MOTION: Council Member Smith moved to refer the mural on the building at 4509 Bragg Boulevard to the Human Relations Commission for review. SECOND: Council Member Massey VOTE: UNANIMOUS (8-0) 4. PUBLIC HEARINGS: A. Consider the paving without petition of Alfred Street from Campbell Avenue to Vanstory Street, Broadfoot Avenue from Simpson Street to Morgan Street, Roosevelt Street from Wilma Street to Dead End, Scarborough Street from Old Wilmington Road to "C" Street, Hammond Street, and Railroad Street. Mr. Robert Barefoot, Parks and Recreation Director, presented this item. He stated that staff’s recommendation was to move Hammond and Railroad Streets to the top of the list because they were in the same neighborhood as the previously approved group of streets. He also stated that there were some right-of-way issues with Alfred, Scarborough, and Roosevelt Streets. Council Member Keefe requested further information. Mr. Barefoot stated that some structures might have to be moved or the street might have to be rerouted. Council Member Smith expressed her displeasure and voiced her concern that all the streets be paved as quickly as possible. This is the advertised public hearing set for this date and time. The public hearing opened at 8:31 p.m. Mr. Jerome Locklear, 116 Hammond Street, Fayetteville, NC, spoke in favor of paving these streets. He stated he wanted to see the leaders do the right thing and pave the streets that Council had promised to pave. There was no one further to speak and the public hearing closed at 8:38 p.m. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF ALFRED STREET FROM CAMPBELL AVENUE TO VANSTORY STREET; BROADFOOT AVENUE FROM SIMPSON STREET TO MORGAN STREET; ROOSEVELT STREET FROM WILMA STREET TO DEAD END; SCARBOROUGH STREET FROM OLD WILMINGTON ROAD TO “C” STREET; HAMMOND STREET; AND RAILROAD STREET. RESOLUTION NO. R2005-045. MOTION: Council Member Smith moved to adopt the resolution and proceed with the paving as soon as possible. SECOND: Council Member Haire Discussion was held regarding the timeline for having all of the streets paved. VOTE: UNANIMOUS (8-0) B. Consider the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for property located along Cliffdale Road west of Castle Rising Road. Containing 10.04 acres more or less and being the property of Joseph P. Riddle, III, as evidenced by map and legal description furnished by the City of Fayetteville. Case No. P05-21F. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal showed maps and photographs of the area and discussed the current land use and the 2010 Land Use Plan. Council Member Williams questioned Mr. Teal regarding why the City wanted to rezone this property if the owner had requested the property not be rezoned at this time. Mr. Teal responded this parcel was part of the Glensford Study Area and the recommended land use was professional use. This is the advertised public hearing set for this date and time. The public hearing opened at 8:52 p.m. There was no one signed up to speak. MOTION: Council Member Keefe moved to keep the public hearing open for not longer than sixty (60) days for the developer and neighborhood to conclude their negotiations. SECOND: Council Member Smith VOTE: UNANIMOUS (8-0) C. Consider an application by Peter Paoni for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 30-109(3), to allow for medical and dental clinics in an R6 Residential District for the property located at 1811 Fort Bragg Road. Containing 0.19 acres more or less and being the property of Alpha Omega Holdings, LLC, as evidenced by deed recorded in Deed Book 6821, pages 882-884, Cumberland County Registry. Case No. P05-22F. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal discussed the current land use and showed maps and pictures of the property. He stated the Zoning Commission recommended approval with conditions, most of which are part of the City Code of Ordinances. The conditions required but not part of the ordinance are for the applicant to show easements for ingress and egress for the driveway at 1815 Fort Bragg Road, off-street parking and loading space, buffers, and compliance with the fire code. He stated that the applicant owns this property and the adjacent property. This is the advertised public hearing set for this date and time. The public hearing opened at 9:00 p.m. Mr. Pete Paoni, 705 Market View Court, Fayetteville, NC, was sworn in and spoke on behalf of the property owner, Dr. Ojo. Mr. Paoni stated that the Declaration of Easement had been granted and all other conditions had been met by the property owner. There was no one further to speak and the public hearing closed at 9:02 p.m. MOTION: Mayor Pro Tem Kirby moved to approve the Special Use Permit. SECOND: Council Member Smith VOTE: UNANIMOUS (8-0) 5. PWC MATTERS: A. Consider approval of Utility Agreement with the North Carolina Department of Transportation for relocation of water lines in conjunction with highway improvements to Cumberland Road from George Owen Road to west of Hope Mills Road. Mr. Steve Blanchard, PWC CEO/General Manager, presented this item, stating this Agreement will allow the NC Department of Transportation to relocate water lines in conjunction with highway improvements, and PWC will reimburse NCDOT for the work. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R2005-046. MOTION: Council Member Massey moved to approve the agreement. SECOND: Council Member Keefe VOTE: UNANIMOUS (8-0) B. Consider adoption of a resolution to establish a Water and Wastewater Utility Systems Rate Stabilization Fund and Rate Stabilization Budget. Mr. Dwight Miller, PWC Chief Financial Officer, presented this item. He stated the resolution would set aside money for cost variations in the water and wastewater utility system. He also stated this was similar to the electric stabilization fund already in place. Further, he stated that the money for this fund was approved in the FY 2005 Budget. RESOLUTION TO ESTABLISH THE WATER AND WASTEWATER UTILITY SYSTEMS RATE STABILIZATION FUND. RESOLUTION NO. R2005-047. C. Consider PWC Budget Amendments: 1. General Fund Budget Amendment #1. 2. Budget Amendment #2 for the Electric Utility System Rate Stabilization Fund. 3. Budget Amendment #2 for the Annexation Phase IV-A Capital Project Fund. 4. Budget Amendment #1 for the Water/Wastewater 2003 Revenue Bond Capital Project Fund. MOTION: Council Member Massey moved to adopt the resolution establishing the Water and Wastewater Utility Systems Rate Stabilization Fund (Item 5.B.) and to approve the PWC Budget Amendments (Item 5.C. 1-4). SECOND: Council Member Smith VOTE: UNANIMOUS (8-0) 6. Consider annexation agreement for Stone Creek of Eastover, LLC. Mr. Roger Stancil, City Manager, presented this item. He stated the developer requested water and that sewer was not available. He further stated that this was in the same area as the Hummingbird neighborhood that Council recently approved. Council Member Keefe questioned Mr. Stancil regarding why Council would approve another area without sewer when the City will have to retrofit the sewer lines once the area is annexed. Mr. Stancil responded that it was the policy of the Council to require an annexation agreement for areas outside three miles of the City limits when the developer wanted water and/or sewer service from PWC. Discussion was held regarding staff’s recommendations. Council Member Keefe inquired of the City Attorney whether the annexation agreement was transferable with the deed. Mrs. Karen McDonald, City Attorney, stated that a clause had been inserted in the annexation agreement that the agreement runs with the property and that the agreement had to be filed and recorded with the Register of Deeds. MOTION: Mayor Pro Tem Kirby moved to approve the annexation agreement. SECOND: Council Member Smith VOTE: UNANIMOUS (8-0) 7. Report from Council Committees: A. Transportation Committee Council Member Haire, Chairman, presented this item. He stated that he would like Council to view a video regarding a trash pickup machine that he feels would be beneficial to the City. He also stated that he has requested the Transit Department to work on improving emissions and air quality control by having one day per month when City and County employees will be offered free transportation on the FAST buses. B. Development Committee Council Member Worthy, Chairman, was not present to discuss this item. Council Member Keefe inquired of Mr. Stancil if he had received the information regarding the veteran participation in the DBE program. Mr. Stancil responded he did not have that information but would have it for Council at the next meeting. C. City-County Liaison Committee Council Member Massey, Chairman, presented this item. He stated the major issues discussed were recycling, the Senior Center, joint planning, and storm water boards. He further stated that at the present time there were no issues that needed Council action. Council Member Williams asked Council Member Massey if he would be willing to discuss with the County the possibility of metro governments. Council Member Massey stated he would talk to them, but was certain that no action would be taken on the matter. 8. BOARDS AND COMMISSIONS: A. APPOINTMENTS: MAY VACANCIES 1. Board of Appeals on Dwellings and Buildings – 2 vacancies Mr. Joseph Fleming and Mr. Andrew Walls were reappointed to the Board of Appeals on Dwellings and Buildings by acclamation. B. NOMINATIONS: SECOND WEEK, JUNE VACANCIES 1. Airport Commission – 3 vacancies – 4 nominations made – 1 nomination withdrawn - 0 nominations needed Mr. Jim Arp was withdrawn from nomination by Council Member Keefe. 2. Animal Control Board – 1 vacancy – 1 nomination made – 0 nomination needed 3. Human Relations Commission - 4 vacancies – 4 nominations made – 0 nominations needed 4. Public Works Commission – 1 vacancy – 1 nomination made – 0 nomination needed 5. Storm Water Advisory Committee – 2 vacancies – 2 nominations made - 0 nomination needed C. NOMINATIONS: FIRST WEEK, JULY VACANCIES 1. Parks and Recreation Advisory Board – 7 vacancies – initially 3 members to serve two-year terms and 4 members to serve three- year terms. Mr. Larry Clubine and Mr. John W. Smith, Jr., were nominated by Council Member Smith. Ms. Dorothy Fielder was nominated by Council Member Haire. Mr. Thomas McLamb was nominated for a three-year term by Council Member Williams. Mr. Hank Debnam, Mr. Bobby Hill, and Mr. Darren Thompson were nominated by Council Member Keefe. Mr. Bruce Mitchell was nominated by Council Member Massey. D. INFORMATION: NO ACTION NEEDED, JULY VACANCIES Council requested attendance rosters for all boards and commissions with upcoming vacancies. 1. Fayetteville Planning Commission – 4 vacancies 2. Fayetteville Zoning Commission – 3 vacancies 3. Joint Appearance Commission -- 2 vacancies 4. Taxicab Review Board – 2 vacancies 5. Fayetteville Zoning Commission – 1 resignation – 1 fill-in needed 9. ADMINISTRATIVE REPORTS A. Major Projects Report Mr. Roger Stancil, City Manager, stated that this report is now available on the web. INFORMATION ITEMS: 1. Statement of taxes collected for the month of May 2005 from the Cumberland County Tax Administrator. 2004 Taxes $171,656.47 2004 Vehicle Taxes 280,996.97 2004 Revit 17.89 2004 Vehicle Revit 377.72 2004 FVT 32,726.23 2004 Storm Water 14,610.67 2003 Taxes 31,480.67 2003 Vehicle Taxes 8,553.02 2003 Revit 0.00 2003 Vehicle Revit 0.00 2003 FVT 1,351.41 2003 Storm Water 2,229.86 2002 Taxes 9,737.78 2002 Vehicle Taxes 1,064.00 2002 Revit 0.00 2002 Vehicle Revit 0.00 2002 FVT 334.18 2002 Storm Water 901.15 2001 Taxes 2,580.13 2001 Vehicle Taxes 850.02 2001 Revit 0.00 2001 Vehicle Revit 0.00 2001 FVT 211.11 2001 Storm Water 267.28 2000 and Prior Taxes 7,648.56 2000 and Prior Vehicle Taxes 3,189.16 2000 and Prior Revit 0.00 2000 and Prior Vehicle Revit 0.00 2000 and Prior FVT 735.08 2000 and Prior Storm Water 2,101.75 Interest 22,905.91 Interest (Revit) 6.52 Interest (Storm Water) 1,267.20 Fayetteville Discount (Current) 0.00 Fayetteville Discount (Revit) 0.00 Total Collections $597,800.74 2. Police Department – Report from the Office of Professional Standards and Inspections for the month of April 2005. 3. Parks and Recreation Advisory Commission – minutes of April 25, 2005. 4. Airport Commission – minutes of April 26, 2005. 5. Human Relations Commission – minutes of March 10, 2005. 6. Linear Park Corporation Advisory Board – minutes of May 3, 2005. 7. Status of ongoing annexation projects. MOTION: Council Member Smith moved to adjourn the meeting. SECOND: Council Member Massey VOTE: UNANIMOUS (8-0) The meeting adjourned at 9:47 p.m. REGULAR MEETING JULY 11, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JULY 11, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Stanley Victrum, Assistant City Manager Doug Hewett, Strategic Initiatives and Corporate Communications Director Jimmy Teal, Chief Planning Officer Jason Brady, Governmental Affairs and Public Information Director Stacy K. Hansen, Deputy City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Council Member Paul Williams, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: Council Member Keefe gave a reminder regarding the Bike Rodeo sponsored by Moses Mathis on July 16, 2005 from 8:00 a.m. until 3:00 p.m. at the Jordan Soccer Complex off of Ramsey Street. Council Member Haire gave a report on the Southeastern Rail meeting, stating that the railroad had plans to operate both the Goldsboro and Fayetteville routes. Mayor Pitts gave an up date on the closing of Pine Cove Mobile Home Park and stated that the City sent a letter to the owner of the Park requesting additional time for the residents to vacate. Mayor Pitts recognized Captain Jesse A. Jones of the Fire Department for assisting a neighbor whose house was on fire and rescuing an occupant of the house. 1. APPROVAL OF AGENDA MOTION: Council Member Keefe moved to approve the agenda. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) 2. CONSENT: Council Member Keefe pulled Item 2.C. for discussion. MOTION: Council Member Haire moved to approve the consent agenda with the exception of Item 2.C. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) The following items were approved: A. Approve minutes: 1. Regular meeting of June 27, 2005. B. Approve the following financial matters: 1. Tax refunds over $100.00. Name Year Basis City Refund Jackson, James Stanley 2003-2004 Over Payment $493.23 Lovett, Kevin & Danella 2004 Military Nonresident 62.77 Monterrey Mexican 1999 Corrected Assessment 342.51 Restaurant #54 TOTAL $898.51 2. Special Revenue Fund Project Ordinance 2006-1 (FY 04 Fire Operations and Firefighter Safety Grant - Video Conferencing Equipment). This ordinance appropriates federal funds of $119,435.00 and a General Fund match of $51,186.00 for the FY 04 Fire Operations and Firefighter Safety Grant. These funds will be used to purchase a video conferencing system. The video conferencing equipment will be used to increase command, control, and communication ability during unified command emergency management incidents and to provide mandatory training to Fire Department employees. 3. Award contract for various street resurfacings (ten streets consisting of approximately 4.99 miles) to Barnhill Contracting, Fayetteville, NC, lowest responsive, responsible bidder, in the amount of $1,064,792.33. Bids were received as follows: Barnhill Contracting (Fayetteville, NC) $1,064,792.33 Coastal Carolina Division of APAC (Kinston, NC) $1,091,620.68 Autry Grading (Hope Mills, NC) $1,208,586.25 Highland Paving (Fayetteville, NC) $1,283,696.05 4. Award piggyback on City of Roxboro contract for the purchase of one (1) Commercial Street Sweeper, with the option to purchase additional units, to Twin States Equipment, Inc., Peachland, North Carolina, in the amount of $129,127.00. 5. Award piggyback on City of Shelby contract for the purchase of two (2) Leaf Vacuum Trucks, with the option to purchase additional units, to Virginia Truck Center, Richmond, VA, in the amount of $203,200.00. C. Pulled for discussion by Council Member Keefe. D. Approve the sign request for the 14th annual UMOJA Festival. E. Authorize advertisement of offer to purchase excess City land (lot 53, Davis Village Subdivision on Rosebud Drive) for upset bids. F. Authorize advertisement of a proposed property exchange between Mr. and Mrs. Benjamin Wilkerson and the City. G. Approve agreement with Dr. Martin Luther King, Jr., Park Committee for funds appropriated for park improvements. H. Approve demolition of the following properties: 1. 910 Ellis Street: Reba Long Wagoner and David Dwight Wagoner AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-005. 2. 721 McArthur Road (three trailers): Johnny T. Allen and Janit L. Allen, Trustees AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-006. 3. 2012 Powell Street: Neva C. Horne AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-007. C. Case No. P05-24F. Approve the rezoning from C1P Commercial District to C3 Commercial District or to a more restrictive zoning classification for property located at 5312 Raeford Road. Containing 1.90 acres more or less and being the property of Marvin W. Smith as evidenced by deed recorded in Deed Book 3290, pages 305-306, Cumberland County Registry. Council Member Keefe pulled this item for discussion. Council Member Keefe requested clarification from Jimmy Teal, Chief Planning Officer, on why staff was recommending this rezoning. Mr. Teal responded that Council had recently rezoned a parcel that was similarly situated. He further stated that the neighboring property was zoned C3. He also stated that Council’s options were to approve the rezoning or set a public hearing. MOTION: Council Member Keefe moved to set a public hearing. SECOND: Council Member Gonzalez Discussion ensued regarding the need for another public hearing. VOTE: FAILED by a vote of 3 in favor (Council Members Keefe, Kirby, and Gonzalez) to 7 in opposition MOTION: Council Member Williams moved to approve the rezoning. SECOND: Council Member Worthy VOTE: PASSED by a vote of 7 in favor to 3 in opposition (Council Members Keefe, Kirby, and Gonzalez) 3. PUBLIC HEARINGS: A. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated noncontiguous annexation by James Yates (Located off of Century Circle). Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated that it was discovered that a portion of this property was not owned by the petitioner and recommended that council take no action at this time. He stated that the process would be started over with Mr. Yates’ property only. This is the advertised public hearing set for this date and time. The public hearing opened at 7:35 p.m. Brian Irving, 1713 Veanna Drive, Fayetteville, NC, was signed up to speak, but declined. There was no one further to speak and the public hearing closed at 7:35 p.m. MOTION: Council Member Worthy moved to follow the recommendation of Mr. Teal and have the annexation process restarted. SECOND: Council Member Haire VOTE: UNANIMOUS (10-0) B. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation by BRC North Reilly Road, LLC (Located off of Reilly Road). Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated that this property was within the Phase V annexation area. The property owners are requesting utility service from PWC for this development. Mr. Teal also stated that staff recommended the effective date for this annexation be November 9, 2005, after the city election. This is the advertised public hearing set for this date and time. The public hearing opened at 7:40 p.m. Brian Irving, 1713 Veanna Drive, Fayetteville, NC, spoke in opposition to this annexation. He urged Council to review its policy and to find ways to make the City more attractive so residents would want to be a part of the City. He also stated that if Council was going to annex the property that the effective date should be now instead of waiting until after the election. There was no one further to speak and the public hearing closed at 7:43 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (LEGACY AT CARRINGTON PLACE APARTMENTS – LOCATED ON REILLY ROAD ACROSS FROM RIEGELWOOD DRIVE). ANNEXATION ORDINANCE NO. 2005-07-481. MOTION: Council Member Worthy moved to adopt the annexation ordinance with an effective date of November 9, 2005. SECOND: Council Member Williams Discussion was held regarding the reasons for the effective date being after the election, the need for proactive planning and stopping development of septic systems. VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez) C. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation by State Employee Credit Union (Located at the intersection of Ramsey Street and McArthur Road). Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated that a portion of the State Employee Credit Union building was within the city limits and the desire was to have the entire parcel be within the limits. Mr. Teal stated since this was commercial property there was no need to extend the effective date until after the city elections. This is the advertised public hearing set for this date and time. The public hearing opened at 7:47 p.m. Brian Irving, 1713 Veanna Drive, Fayetteville, NC signed up to speak, but declined. There was no one further to speak and the public hearing closed at 7:47 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (STATE EMPLOYEE CREDIT UNION – NW CORNER OF MCARTHUR ROAD AND RAMSEY STREET). ANNEXATION ORDINANCE NO. 2005-07-428. MOTION: Council Member Keefe moved to adopt the annexation ordinance with an effective date of July 11, 2005. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) D. Consider extending the corporate limits of the City of Fayetteville for a petition-initated contiguous annexation by Kamenbury Development LLC (Located at the end of Thamesford Drive). Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated this was Section 2 of a development in which Section 1 had been annexed six months prior. This is the advertised public hearing set for this date and time. The public hearing opened at 7:50 p.m. Brian Irving, 1713 Veanna Drive, Fayetteville, NC spoke in opposition to this annexation. There was no one further to speak and the public hearing closed at 7:53 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (MCKINLEY RESERVE, SECTION 2 – LOCATED ON MCKINLEY DRIVE OFF THAMESFORD DRIVE). ANNEXATION ORDINANCE NO. 2005-07-483. MOTION: Council Member Massey moved to adopt the annexation ordinance with an effective date of November 9, 2005. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) 4. Update on Fourth Quarter/Year End Update of the City’s Strategic Plan. Mr. Doug Hewett, Strategic Initiatives and Corporate Communications Director and Mr. Bill Martin, President, Cumberland County Business Council (CCBC), presented this item. Mr. Hewett and Mr. Martin reviewed the Strategic Plan, items that had been accomplished, and the progress made on the Plan. Mr. Hewett stated that there would be a work session on July 19, 2005, to discuss the FY 2005-2006 Strategic Plan. Mr. Martin elaborated on the origins and purpose of the CCBC. He also discussed the economic developments that CCBC has been involved with during the last quarter. Mayor Pitts suggested that the Council, County Commission, and CCBC needed to get together when creating CCBC agenda so that the needs of all parties can be established. 5. Consider items for referral to City-County Liaison Committee (Committee meeting scheduled for Thursday, July 28). A. Update on the senior citizen survey (Requested by Council Member Massey). B. Discussion on the allocation and funding of regional transportation in Cumberland County (Requested by Mayor Pitts). Council Member Haire requested that the Committee move aggressively on the transportation issue. Council Member Dawkins requested discussion regarding recycling and suggested using the school system as recycling areas. Council Member Williams requested discussion on metro government. A discussion was held regarding the number of items on the agenda and whether the Council should just send one item per meeting for discussion. Council Member Massey stated that the Committee prioritized the agenda items and concentrated on those determined to be of highest priority. Council Member Massey stated the City-County Liaison Committee would be meeting on July 29, 2005, from 12:00 p.m. until 2:00 p.m. Council will be advised as to the location of the meeting. 6. BOARDS AND COMMISSIONS: APPOINTMENTS: JUNE VACANCIES A. AIRPORT COMMISSION – 3 vacancies – 3 nominations Mr. James Wilson, Mr. John Wyatt, III, and Ms. Sarita Mallard were reappointed by acclamation. B. ANIMAL CONTROL BOARD – 1 vacancy- 1 nomination Ms. Carol Langdon was reappointed by acclamation. C. HUMAN RELATIONS COMMISSION - 4 vacancies – 4 nominations Ms. Pauline Goodman, Ms. Patricia Johnson, Mr. Frank Maness, Jr. were reappointed and Ms. Pamela Story was appointed by acclamation. D. PUBLIC WORKS COMMISSION – 1 vacancy – 1 nomination Mr. Wilson Lacy was reappointed by acclamation. E. JOINT STORM WATER ADVISORY BOARD – 2 vacancies – 2 nominations Mr. Robert M. Bennett and Mr. Joseph G. Glass were reappointed by acclamation. NOMINATIONS: JULY VACANCIES F. FAYETTEVILLE PLANNING COMMISSION – 4 vacancies Mr. J. Michael Harpe was nominated by Mayor Pitts. Mr. Brian Irving was nominated by Council Member Gonzalez. Mr. Tom King was nominated by Council Member Williams. Ms. Mikele Haywood, Mr. David Gladney, and Mr. James Hendrix were re-nominated by Council Member Worthy. G. FAYETTEVILLE ZONING COMMISSION – 2 vacancies Mr. Billy Manning was re-nominated by Council Member Smith. H. JOINT CITY AND COUNTY APPEARANCE COMMISSION - 2 vacancies Mr. Tom Goetz was re-nominated by Council Member Dawkins. I. TAXICAB REVIEW BOARD – 2 vacancies Ms. Ronda Beattie was nominated by Council Member Dawkins. Mr. J. Michael Harpe was nominated by Mayor Pitts. J. FAYETTEVILLE-CUMBERLAND PARKS AND RECREATION ADVISORY COMMISSION – 7 vacancies – initially 3 members to serve two (2) year terms and 4 members to serve three (3) year terms. Council Member Smith withdrew her nomination of Mr. John W. Smith. Council Member Massey withdrew his nomination of Mr. Bruce Mitchell. Mr. John Meroksi was nominated by Council Member Keefe. Mr. Alan Campbell was nominated by Council Member Dawkins. Mr. Christopher Hopkins and Mr. Lorenzia Wright were renominated by Council Member Keefe. NOMINATIONS: JULY VACANCIES K. FAYETTEVILLE ZONING COMMISSION – 1 resignation – 1 fill-in needed Mr. Jim Arp was nominated by Council Member Keefe. L. Applications received 7. ADMINISTRATIVE REPORTS: A. Report on Buffer Ordinance. Council Member Keefe requested more information from Mr. Teal on whether the Planning Commission had discussed the ordinance in depth. Mr. Teal stated that there were a number of projects in progress that were utilizing the current buffer ordinance and the Commission would report back when those projects were complete. Council Member Williams asked if any variances had been requested. Mr. Teal responded that only two variances had been requested and both of those had been granted. B. Update on information regarding Veterans and bidding. Council Member Keefe requested the use of web-based advertising instead of print advertising. He stated he felt more businesses could be reached that way. City Manager Roger Stancil stated he would have staff study the issue and return with the information. INFORMATION ITEMS: 1. Update on Hope Mills Road Land Use Plan. 2. Report of tax refunds less than $100.00. Name Year Basis City Refund Sechrest, Chester 2001-2002 Military Nonresident $44.80 William TOTAL $44.80 3. Police Department – Report for May 2005 from the Office of Professional Standards and Inspections. MOTION: Council Member Smith moved to adjourn the meeting. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) The meeting adjourned at 8:50 p.m. WORK SESSION JULY 19, 2005 FAYETTEVILLE CITY COUNCIL WORK SESSION THIRD FLOOR TRAINING ROOM, CITY HALL JULY 19, 2005 5:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois Kirby (District 5); Paul Williams (District 6); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Absent: Council Member Curtis Worthy (District 7) Staff Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Stanley Victrum, Assistant City Manager Doug Hewett, Strategic Initiatives and Corporate Communications Director Lisa Smith, Chief Financial Officer Tracey Broyles, Budget and Evaluation Manager Jason Brady, Governmental Affairs and Public Information Officer Others Present: Lyle Sumek, Facilitator Don Worthington, Fayetteville Observer Mayor Pitts called the meeting to order at 5:15 p.m. Mayor Pitts recognized Fire Chief Benjamin Nichols, who gave a brief overview of a Hazardous Materials incident that occurred in downtown Fayetteville earlier in the day. Lyle Sumek handed out the agenda for the evening. Council reviewed the staff work plan for Policy, Management, Manager’s Initiatives, and Major Projects. Discussion was held regarding funding issues and timelines for implementation related to items on the policy agenda, management agenda, manager’s initiatives and major projects. The meeting adjourned at 7:05 p.m. WORK SESSION JULY 26, 2005 FAYETTEVILLE CITY COUNCIL PUBLIC WORKS COMMISSION WORK SESSION THE ARTS CENTER OF THE ARTS COUNCIL OF FAYETTEVILLE-CUMBERLAND COUNTY JULY 26, 2005 5:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) PWC Present: Commissioners Terri Union, Chairwoman, Michael G. Lallier, Luis J. Olivera, Wilson A. Lacy Staff Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Doug Hewett, Strategic Initiatives and Corporate Communications Director Stacy K. Hansen, Deputy City Clerk PWC Staff Present: Steve Blanchard, General Manager/CEO Joan Starling, Administrative Assistant James Rose, Chief Administrative Officer Dwight Miller, Chief Financial Officer Walter Truitt, Jr., Chief Officer – Electrical Operations Mick Noland, Chief Officer – Water Resources Sam Stryker, Engineer Others Present: Lyle Sumek, Facilitator Don Worthington, Fayetteville Observer Mayor Pitts and Chairwoman Union called the meeting to order at 5:20 p.m. 1. Strategic Planning Process Discussion and Process Refinement Mr. Lyle Sumek, Facilitator, reviewed the City’s Strategic Plan, giving a general overview of the 2020 Vision plan, the mission statement, core values, 2010 goals, and the 2005-2006 Action Agenda. Mr. Sumek reviewed PWC’s Strategic Plan by giving an overview of PWC’s 2005-2010 Plan and the 2005-2006 Action Agenda. Mr. Sumek further reviewed the joint process for 2006, and presented a schedule of future planning workshops for both the City and PWC. Council requested a joint meeting to discuss Strategic Plans prior to finalization. Questions were raised about PWC’s Strategic Plan. 2. City-PWC Project Updates and Discussion Mr. Steve Blanchard, PWC CEO/General Manager, presented project updates on Person Street and Green/Gillespie Streets and gave a handout showing estimated completion dates for PWC’s downtown area projects. Discussion was held regarding underground utilities and whether the Council needs to set a policy regarding requiring all utilities be underground. Mayor Pitts inquired if all dates listed on the handout were on track. Steve Blanchard responded affirmatively, stating that the estimated dates are when PWC crews will be finished so that the City can complete their portions of the projects. Mr. Blanchard also stated that he hopes to overlay PWC and City schedules so that they can work together. City Manager Roger Stancil gave an update on Freedom Memorial Park Fountain and the Brook of Peace. He stated that design for the Brook of Peace was complete and bidding should begin on August 4. He further stated that the Brook of Peace should be complete around the first of the year. Mr. Steve Blanchard and Mr. Mick Noland, Chief Officer – Water Resources, gave an update on Texfi. Mr. Noland stated that PWC is working with the State and the Bankruptcy Trustee to remove the source of the contamination. 3. City-PWC Major Issues: Updates and Next Steps Communications and Marketing Mr. Lyle Sumek presented a detailed list of joint communications and marketing endeavors, including combining several in-house services, sponsorships of community activities, and cross promotion on Kaleidoscope and PWC Connections. Council Member Worthy inquired as to how much time before the results of the joint cooperation would be seen. Steve Blanchard responded that there have already been results. Mr. Luis Olivera, PWC Commissioner, suggested monthly or bi-monthly meetings to inform Council of the progress being made on the collaboration. Legal City Attorney Karen McDonald gave an update on how PWC’s outside council is working to keep her informed and aware of any legal matters. Ms. McDonald stated she would give a full report at the September work session on the implementation of the legal recommendations of the progress that has been made with regard to integrating PWC and the City’s Risk Management departments along with the legal functions. Water and Sewer Discussion was held regarding the need for the City to be involved with PWC, the County, and developers to guide development and to prevent urban sprawl. Pay and Benefits Mr. Roger Stancil, City Manager, advised that the City and PWC have hired a consultant to determine the different classifications and pay methodology between the City and PWC. He stated that both the City and PWC are attempting to reclassify their positions so that the pay rates can be equalized between the two. Mr. Stancil stated that he should have the information from the consultant by the first of the year, and would present that information to Council at that time. 4. Other Mr. Lyle Sumek gave a list of issues that need policy direction from the Mayor and Council which included compliance with Senate Bill 512- Electric Services Territories, a potential revenue bond and undergrounding declaration and conversion. Council Member Dawkins inquired as to why there were so many double poles in place. Steve Blanchard responded that PWC installed new poles and had notified the other utilities that their services needed to be added to the new poles, but the other utilities had not done so. Mr. Blanchard stated that PWC could not force the other utilities to relocate their services to the new poles. MOTION: Council Member Worthy moved to adjourn the meeting. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS The meeting adjourned at 8:00 p.m. WORK SESSION AUGUST 1, 2005 FAYETTEVILLE CITY COUNCIL WORK SESSION LAFAYETTE ROOM, CITY HALL AUGUST 1, 2005 6:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Absent: Council Member Mable C. Smith (District 2) Staff Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Doug Hewett, Strategic Initiatives and Corporate Communications Director Lisa Smith, Chief Financial Officer Jason Brady, Governmental Affairs and Public Information Officer Jimmy Teal, Chief Planning Officer Robert Barefoot, Parks & Recreation Director Jim Alexander, Assistant Inspections Director Others Present: Brandon Poole, The Banks Law Firm Marshall Isler, Downtown Development Corporation Don Worthington, Fayetteville Observer Mayor Pitts called the meeting to order at 6:05 p.m. 1. Approval of Agenda This being a work session, no motions were made. 2. Report on Infill Development Ordinance. Mr. Jimmy Teal, Chief Planning Officer, presented a summary of the proposed infill ordinance. Council members voiced their concerns and opinions regarding the proposed infill ordinance. Council requested clarification on the difference between the proposed ordinance and the current zoning ordinances, how vacant land is figured into the proposed ordinance, what effect the ordinance would have on zoning, and whether the entire zoning process should be changed. Mr. Teal responded by stating that the current zoning and planning ordinances and not address the problem of underutilized lots. Currently, if a proposal meets the zoning requirements, the developer can go ahead with the project. With the infill ordinance, a public hearing is required before Council. Mr. Teal further stated that it would be virtually impossible to change zoning and not cause more problems. Discussion was held regarding neighborhood overlay districts versus the proposed infill ordinance. Council directed the Planning staff and Commission to come back in 90 days with an overlay district. Council’s desire in the interim is for staff to facilitate meetings between the neighborhoods and developers for developments that meet the infill ordinance criteria and to notify the property owners within 500 feet of the proposed development. 3. Update on Festival Plaza Project. This item was moved from Item 5 to Item 3. Mr. Marshall Isler, DDC, presented a summary of the negotiated agreement for the development of the Festival Plaza building. Mr. Isler stated that some changes had been made to the design of the building after input from the developers. Mr. Isler also stated that approval of the Master Lease was the final step before presenting the Project to the Local Government Commission for funding. Mr. Isler highlighted the City’s safeguards that were negotiated into the project including a supermajority approval requirement; call option; developer erosion provision; and refinancing requirement. He also stated that the Cumberland County Business Council is acting as an agent for the City, and has an Agency Agreement with the City. A public hearing will be set for August 22, 2005, regarding the master lease. 4. Report on Hope Mills Road Corridor Plan. Mr. Jimmy Teal, Chief Planning Officer, presented this item, summarizing the actions taken to this point on the Corridor Plan. He stated that letters had been sent to 550 residents and property owners within in the study area notifying them of the public hearing that was held on May 17, 2005. Only 21 people attended the meeting. Of those attending, the majority approved of the land use plan showing the lots abutting Hope Mills Road as commercial or residential. Mr. Teal further stated that the maps would be made available to citizens on the City’s website and at the fire station located on Hope Mills Road. Council Member Keefe suggested holding another public hearing before any decisions were made, so that residents who missed the original meeting could express their opinions. 5. Update on bulky good collection. Mr. Robert Barefoot, Parks and Recreation Director, presented a summary of data collected during the past year. He showed a chart detailing the number of calls received, the number of pickups, the total cost and the cost per call. He stated that each call generated about 2 pickups because the same truck could not pick up all items. Mr. Barefoot further stated that 50 percent of all items picked up are recyclable. Mr. Barefoot stated further that small yard piles that could be containerized are common, and that more public education was needed. Mr. Barefoot presented several suggestions that he felt would be beneficial in educating the public, including implementation of a biannual “Clean Sweep”. He stated in order to make the “Clean Sweep” work there was a need for two additional trucks. Mr. Barefoot gave an estimate of $220,000.00 for the cost of new trucks, and also requested $75,0000.00 for public education and marketing. He further stated the need to purchase brown carts for bulky items to be containerized at a cost of approximately $220,000.00. Council commended Mr. Barefoot and the Parks and Recreation Department for the excellent job they had performed. 6. Discussion of animal control ordinance. Council Member Keefe inquired why, if the City and County have a joint animal control board, the City does not have a limit on the number of dogs allowed similar to the County. Mr. Jim Alexander, Assistant Inspections Director, stated that the County’s animal limits are in their zoning ordinance, not the animal control ordinance. Discussion was held regarding whether the problem was the number of dogs allowed or the way the dogs are taken care of and the best way to enforce responsibility of the dog owners. Discussion was also held regarding who was responsible for enforcing the ordinances already in place. Council Member Kirby inquired if this would be something that the newly formed environmental court would handle. City Attorney Karen McDonald replied in the affirmative. Council’s final recommendation was to send the City’s ordinance to the Animal Control Board for evaluation. The meeting adjourned at 9:00 p.m. REGULAR MEETING AUGUST 8, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER AUGUST 8, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3) (arrived at 7:30 p.m.); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6) (via telephone); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Jimmy Teal, Chief Planning Officer Jason Brady, Governmental Affairs and Public Information Director Robert Barefoot, Parks and Recreation Director Stacy K. Hansen, Deputy City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Council Member Worthy, followed by Boy Scout Troop 740, Haymount United Methodist Church, leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: Special Events RECOGNITION: Council Member Mable C. Smith will be recognized on October 23, 2005, for her involvement in Civil Rights era struggles by having her name included on the Wall of Tolerance at the Civil Rights Memorial Center in Montgomery, Alabama. Presentation of Videographer Awards Mayor Pitts pulled this item from the agenda. 1. APPROVAL OF AGENDA MOTION: Council Member Keefe moved to approve the agenda. SECOND: Council Member Smith VOTE: UNANIMOUS (9-0) 2. CONSENT: Mayor Pitts advised that Item 2.I. had been resolved and should be removed from the agenda. Council Member Gonzalez requested to pull Item 2.K. for discussion. MOTION: Council Member Keefe moved to approve the consent agenda with the exception of Items 2.K. and 2.I. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) The following items were approved: A. Approve minutes 1. Regular meeting of July 11, 2005. 2. Special work session of July 19, 2005. 3. Joint work session with Public Works Commission Board of July 26, 2005. B. Approve the following financial matters: 1. Capital Project Ordinance Amendment 2006-1 (Bonnie Doone Park). This amendment appropriates a grant awarded by the North Carolina Parks and Recreation Trust Fund (PARTF) in the amount of $249,895.00 and a donation made by the Junior League of Fayetteville in the amount of $75,000.00. These funds will be used for the design and construction of the Bonnie Doone Park. 2. Special Revenue Ordinance 2006-2 (CDBG FY 2006 Grant). 3. Special Revenue Ordinance 2006-3 (HOME FY2006 Grant). 4. Budget Ordinance Amendment 2006-01 (Various financial matters). This amendment appropriates $944,516.00 of General Fund balance and $155,000.00 of Warranty Vehicle Lease Fund balance for identified project and equipment expenses included in the 2004-05 fiscal year budget, but not incurred before the fiscal year end. It also appropriates an additional $765,000.00 of General Fund balance for the implementation of a quarterly community report to communicate progress on strategic plan goals, and solid waste initiatives, including the purchase of rollout carts, two trucks, and a public awareness campaign. C. Adopt a resolution authorizing exchange of property with Mr. and Mrs. Benjamin Wilkerson. RESOLUTION. RESOLUTION NO. R2005-048. D. Accept offer to purchase excess City lot for $2,850.00 from Mr. Edward E. Hughes. E. Adopt resolution to accept Harper Street from South Plymouth Street to Eleanor Avenue. RESOLUTION BY THE FAYETTEVILLE CITY COUNCIL FOR THE ACCEPTANCE OF A PORTION OF HARPER STREET (FORMERLY DOWNING ROAD) FOR MAINTENANCE. RESOLUTION NO. R2005-049. F. Authorize advertisement of an offer to purchase City property for upset bid. G. Accept an offer to donate vacant land adjacent to City Park on Shadbush Lane. H. Adopt a resolution supporting "Home of Miss North Carolina Brooke McLaurin" signs. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE FOR HOME OF MISS NORTH CAROLINA BROOKE MCLAURIN SIGNS. RESOLUTION NO. R2005-050. I. Adopt ordinance to vacate property: 3521 Madison Avenue (PIN 0416-92-5867); Gladys G. Ammons Heirs, c/o Tonya L. Ammons Britt. This item was removed from the agenda. J. Adopt resolution calling a public hearing on August 22, 2005, concerning the entering into a master lease agreement with Festival Park Plaza Office, LLC, to facilitate the redevelopment of the site located at the corner of Ray Avenue and Maiden Lane and authorizing the filing of an application for approval of a financing agreement authorized by North Carolina General Statutes 159-148, 160A-19, and 160A-20. RESOLUTION CALLING A PUBLIC HEARING CONCERNING THE ENTERING INTO A MASTER LEASE AGREEMENT WITH FESTIVAL PARK PLAZA OFFICE LLC TO FACILITATE THE REDEVELOPMENT OF THE SITE LOCATED AT THE CORNER OF RAY AVENUE AND MAIDEN LANE AND AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 159-148, 160A-19, AND 160A-20. RESOLUTION NO. R2005-051. K. Pulled for discussion by Council Member Gonzalez. L. Refer animal control ordinance and the proposal to limit the number of dogs in the City limits to the City-County Animal Control Board. K. Refer infill ordinance back to Planning Commission for development of an ordinance providing for the creation of overlay districts based on adopted neighborhood plans for consideration within 90 days. Council Member Gonzalez pulled this item for discussion. She requested the Mayor to explain the neighborhood overlay district proposal. Mayor Pitts stated that instructions were given to staff and to the planning commission to create a neighborhood overlay district and to return to Council within 90 days with the plan. MOTION: Council Member Smith moved to refer the ordinance to the Planning Commission for development of an ordinance providing for the creation of overlay districts. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) Council Member Massey arrived at 7:30 p.m. 3. Consider appointment of two City Council members to the 2030 Vision Plan Taskforce. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal stated that the Council had agreed to participate with the 2030 Vision plan which will replace the current 2010 plan. In explanation, Mr. Teal stated that the Plan calls for the establishment of a Taskforce to be comprised of two representatives from City Council and two representatives from the Fayetteville Planning Commission. He asked the Council to appoint two Members to the Taskforce. Council Member Kirby volunteered to serve on the Taskforce. Mayor Pitts acknowledged Council Member Williams interest in serving. Council Members Gonzalez and Keefe were nominated by Council Member Dawkins. Council Member Worthy requested that there be two appointees and two alternates. After stating their reasons for desiring to serve on the Taskforce, Council Members Kirby and Keefe were appointed, and Council Members Gonzalez and Williams were appointed as alternates. 4. Consideration of a recommendation to establish a steering committee for the City-County Ten-Year Plan To End Homelessness. Mr. Victor Sharpe, Community Development Director, presented this item. Mr. Sharpe stated that President Bush had started an initiative to end chronic homelessness within 10 years. He recommended the establishment of a steering committee to develop the 10-year plan. MOTION: Council Member Smith moved to adopt the recommendation to develop a steering committee. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) 5. Consider request from Fayetteville-Cumberland Parks and Recreation Advisory Board for the following: A. Rename the swimming pool at Seabrook for Ronnie Chalmers. B. Rename the basketball court at the Smith Center for Pop Jones. Larry Clubine, Chairman of the Fayetteville-Cumberland County Parks and Recreation Advisory Board, presented this item. He stated Ronnie Chalmers had volunteered at the pool and recreation center for over 30 years and had mentored over 1000 children. Mr. Clubine further stated that “Pop” Jones had contributed many hours to the development of youth basketball. The Advisory Commission recommended, pursuant to Council Policy, to set a public hearing to consider these requests. MOTION: Council Member Haire moved to set a public hearing for August 22, 2005 to consider requests of the Parks and Recreation Advisory Board. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (10-0) 6. Report from Policy Committee. Council Member Massey, Chairman, presented this item. A. Discussion of wrecker ordinance to allow one mile outside City limits to be acceptable for wrecker rotation list. Council Member Massey explained that no action was needed on this item. B. Discussion of Council travel allowance. Council Member Massey stated that while a travel allowance was important, since the National Conference would be held in Charlotte this year, extra funds would not be needed. He stated that discussion would be continued during the budget discussions for the next fiscal year. C. Discussion of possible changes to policy regarding award of police services weapon upon retirement from the Fayetteville Police Department. Council Member Massey stated that the Committee recommended changing the Policy to allow for service weapons to be awarded to officers who retire in good standing with a minimum of 10 years of service. MOTION: Council Member Massey moved to change the policy consistent with the Policy Committee’s recommendations. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) D. Discussion of sidewalk policy. Council Member Massey stated that with the funds received from payments in lieu of sidewalk construction several areas could be paved. Those areas were Murchison Road, west side, in front of Fayetteville State University; Ramsey Street, east side, at Reid Ross Classical School; Ramsey Street, east side, north of Law Road; and Ramsey Street, at Liberty gas station at McArthur Road. Mr. Massey stated that Policy 106.2.1 would have to be adopted in order to install the sidewalks in the above areas. MOTION: Council Member Massey moved to adopt Policy 160.2.1, Expenditures of Funds in the Sidewalk Waiver Fund, and install the sidewalks as recommended. SECOND: Council Member Gonzalez VOTE: UNANIMOUS (10-0) 7. BOARDS AND COMMISSIONS: APPOINTMENTS PARKS AND RECREATION ADVISORY BOARD – 7 vacancies – initially 3 members to serve two (2) year terms and 4 members to serve three (3) year terms. Larry Clubine, Thomas McLamb, Bobby Hill, and John Meroski were appointed to serve 3 year terms. Hank Debnam, Dorothy Fielder, and Alan Campbell were appointed to serve 2 year terms. FAYETTEVILLE ZONING COMMISSION – 1 resignation – 1 fill-in needed Jim Arp was appointed by acclamation. NOMINATIONS – Second Week FAYETTEVILLE PLANNING COMMISSION – 4 vacancies – 6 nominations – 0 needed There were no new nominations. FAYETTEVILLE ZONING COMMISSION – 2 vacancies – 3 nominations – 0 needed Culous Hayes was nominated by Council Member Worthy. Dr. Holly Richter was nominated by Council Member Williams. JOINT APPEARANCE COMMISSION - 2 vacancies – 3 nominations – 0 needed Bernadette Bogerty was nominated by Council Member Smith. Annette Smith was nominated by Council Member Kirby. TAXICAB REVIEW BOARD – 2 vacancies - 3 nominations – 0 needed John C. Barrington was nominated by Councilmember Haire. INFORMATION - NO ACTION NEEDED BOARD OF ADJUSTMENT – 1 vacancy METROPOLITAN HOUSING AUTHORITY – 1 vacancy JOINT CITY AND COUNTY SENIOR CITIZENS ADVISORY COMMISSION – 2 vacancies HISTORIC RESOURCES COMMISSION – effective August 1, 2005, Gerald S. Fachet has resigned his position which expires October 31, 2005. 8. ADMINISTRATIVE REPORTS A. Update on Environmental Court. B. Update on recycling initiatives. Council Member Gonzalez inquired as to the location of the recycling centers. City Manager Roger Stancil responded that there would be at least 5 centers setup by the end of October. Mr. Stancil stated that the sites would be evaluated to make sure that they were in the appropriate places for maximum efficiency. Council Member Keefe requested information regarding the Clean Sweep Program. City Manager Roger Stancil stated that two trucks would be purchased so that there could be two clean sweeps per year. Mr. Stancil also stated that there would be a marketing campaign to make the community more aware of the use of the brown roll out carts for yard debris and the recycling projects. INFORMATION ITEMS: 1. Confirmation for the City of Fayetteville for Fiscal Year 2004-2005 from the Office of the Tax Administrator. 2. Statement of taxes collected for the month of June 2005 from the Cumberland County Tax Administrator. 2004 Taxes $214,064.34 2004 Vehicle Taxes 280,343.93 2004 Revit 253.36 2004 Vehicle Revit 261.63 2004 FVT 33,486.18 2004 Storm Water 13,387.51 2003 Taxes 42,353.68 2003 Vehicle Taxes 5,808.71 2003 Revit 409.52 2003 Vehicle Revit 9.38 2003 FVT 1,133.72 2003 Storm Water 1,820.10 2002 Taxes 8,411.09 2002 Vehicle Taxes 1,693.83 2002 Revit 0.00 2002 Vehicle Revit 0.00 2002 FVT 356.66 2002 Storm Water 728.75 2001 Taxes 3,666.21 2001 Vehicle Taxes 1,296.68 2001 Revit 0.00 2001 Vehicle Revit 0.00 2001 FVT 268.55 2001 Storm Water 321.62 2000 and Prior Taxes 2,069.07 2000 and Prior Vehicle Taxes 4,045.00 2000 and Prior Revit 0.03 2000 and Prior Vehicle Revit 0.00 2000 and Prior FVT 734.51 2000 and Prior Storm Water 201.30 Interest 32,134.86 Interest (Revit) 77.72 Interest (Storm Water) 1,417.86 Fayetteville Discount (Current) 0.00 Fayetteville Discount (Revit) 0.00 Total Collections $650,755.80 3. Letter of appreciation from Past Chairman of Downtown Development Corporation. 4. Letter from NCDOT regarding installation of flasher on Murchison Road. 5. Police Department – Report for June 2005 from the Office of Professional Standards. 6. Parks and Recreation Advisory Commission – Minutes of June 27, 2005. 7. ASOM – Minutes of June 23, 2005. 8. Status of ongoing annexation projects. MOTION: Council Member Keefe moved to adjourn the meeting. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) The meeting adjourned at 8:30 p.m. REGULAR MEETING AUGUST 22, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER AUGUST 22, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Jimmy Teal, Chief Planning Officer Frank Simpson, Inspections Director Jason Brady, Governmental Affairs and Public Information Director Stacy K. Hansen, Deputy City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Council Member Worthy, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: Special Events The Mayor and Council members reviewed the special events for the months of August and September 2005. RECOGNITION: Presentation of Certificates to Graduates of Institute for Creative Leadership 1. APPROVAL OF AGENDA Council Member Williams requested to reverse Items 5 and 8. Mrs. Karen McDonald, City Attorney, requested to remove Item 3.E.4. from the agenda as an agreement had been reached between the property owner and the Inspections Department. She also requested to add a closed session for consultation with attorney. MOTION: Council Member Massey moved to approve the agenda with the changes. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) 2. PUBLIC FORUM: Mr. Ed Hollingsworth, 336 Summerhill Road, Fayetteville, NC, spoke regarding the animal control ordinance. Mr. Hollingsworth expressed the need for enforceable laws for the care and control of animals. Mrs. Rita Godfrey, 1606 Morehead Avenue, Fayetteville, NC, spoke regarding animal control. Mrs. Godfrey stated was attacked by two dogs and had to endure rabies treatments. She further stated that she now carries a cattle prod with her when she walks. Mr. Wade Godfrey, 1606 Morehead Avenue, Fayetteville, NC, spoke regarding animal control. Mr. Godfrey stated the County does not serve the City very well, and the City needs to address the animal problem. Mr. Leon Goldstein, 2609 Colgate Drive, Fayetteville, NC, spoke regarding animal control. He stated he was attacked by three dogs after their electronic radio controlled collars failed. He also stated that the police did not want to make a report because no blood had been drawn. Mr. Godfrey then gave information regarding the transmission of rabies through saliva. Mr. Oscar Tyson, 3517 Madison Avenue, Fayetteville, NC, spoke regarding the business at 3521 Madison Avenue. Mr. Tyson stated the business opened three years ago. He requested the City begin nuisance abatement proceedings to close the illegal and/or criminal business. Ms. Carolyn Tyson, 3517 Madison Avenue, Fayetteville, NC, spoke regarding 3521 Madison Avenue. She asked for Council’s support for a nuisance abatement action for the property. Ms. Helen Register, 3522 Madison Avenue, Fayetteville, NC, spoke regarding 3521 Madison Avenue. She stated she has evidence of the illegal activities taking place, and asked for a nuisance abatement action. Mr. Tom Parent, 603 Dandridge Drive, Fayetteville, NC, spoke regarding annexation, animal control, and PWC assessments. Mr. Walter Murphy, 7033 Timbercroft Lane, Fayetteville, NC, spoke regarding forced annexation. He stated there was a large group still opposed to the annexation and would be taking the matter to the U.S. Supreme Court. Mr. Eronomy Muhammed, 2700 Murchison Road, Fayetteville, NC, spoke regarding the disregard of elderly citizens and Fayetteville State University. Mr. Ed O’Connor, 3530 Madison Avenue, Fayetteville, NC, spoke regarding 3521 Madison Avenue. He stated the owner of the property has total disregard for the neighborhood. Ms. Denise Hall, 3525 Madison Avenue, Fayetteville, NC, spoke regarding 3521 Madison Avenue. She stated the situation has gotten so bad that her grandchildren can no longer spend the night with her. She is in fear of retaliation by the property owner or her customers. She asked Council to have a nuisance abatement action started against the property. Mr. Andy Anderson, 1517 Hope Mills Road, Fayetteville, NC, spoke regarding economic growth. 3. CONSENT: Council Member Worthy requested to pull Item 3.C. for discussion. Council Member Dawkins requested to pull Item 3.B.1. for discussion. Council Member Gonzalez requested to pull Item 3.E. for discussion. MOTION: Council Member Dawkins moved to approve the consent agenda with the exception of Items 3.B.1., 3.C., and 3.E. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) The following items were approved: A. Approve minutes: 1. Council work session held on August 1, 2005. 2. Regular meeting held on August 8, 2005. B. Approve the following financial matters: 1. Pulled for discussion by Council Member Dawkins. 2. Capital Project Ordinance Amendment 2006-3 (Appropriation of Investment Income for Annexation Projects). This amendment will appropriate the budget for investment income, resulting in total project budget of $3,729,074.00. The project will be funded as follows: $3,644,293.00 proceeds of bonds, $84,781.00 investment income. These funds will be used for street improvements in the annexation project, specifically for Phase 4B. 3. Adopt resolution authorizing sale of surplus vehicles and equipment by Electronic Auction. RESOLUTION AUTHORIZING SALE OF SURPLUS VEHICLES AND EQUIPMENT BY ELECTRONIC AUCTION. RESOLUTION NO. R2005-052. 4. Accept 2005 State Allocation for the Fayetteville Regional Airport. 5. Approve selling brown rollout carts to City of Fayetteville residents only and offering the carts at a discounted rate of $30.00 per cart, $50.00 for two carts, with a limit of two carts per household. C. Pulled for discussion by Council Member Worthy. D. Authorize sale of a portion of a vacant lot on Old Wilmington Road. E. Pulled for discussion by Council Member Gonzalez. F. Reschedule Monday, September 5, 2005, City Council work session to Tuesday, September 6, 2005, due to Labor Day Holiday. G. Approve request from Police Sergeant W. C. Broadhurst for service badge and weapon upon retirement from the Fayetteville Police Department with ten years of service, per Council Policy No. 130.1, Award of Police Service Pistols. B.1. Capital Project Ordinance Amendment 2006-2 (Sidewalks and related improvements). This amendment will appropriate fees generated by developers in the amount of $48,775.00. These funds will be used to develop sidewalks consistent with Policy 160.2.1. This amendment will also reduce the budget for the State Grant funds by $10,600.00 to accurately reflect project expenditures. This item was pulled for discussion by Council Member Dawkins. Mr. Roger Stancil, City Manager, responded to Council Member Dawkins’ request for clarification regarding Brighton Road. MOTION: Council Member Dawkins moved to approve the ordinance amendment. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) E. Approve demolition ordinances: 1. 5001 Clyde Street (2 trailers and 2 sheds) (PIN 0418-59-4868) Roy S. Massengill and Peter I. Pavlikianidis AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-008. 2. 1266 Coley Drive (PIN 0438-01-8658) Lomax McIntyre, Heirs AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-009. 3. 220E Davis Street (PIN 0437-04-7318) Bobby Lee McNair AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-010. 4. 1210 Durden Lane (PIN 0408-29-3785) William Henry Cummings This item was removed from the agenda. 5. 5005 Haddock Street (PIN 0418-18-9374) Charles Evander Jones Estate, William Jones, Estate Brenda Jones Batchelor AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-011. 6. 1048 Progress Street (PIN 0436-26-1469) Peter I. Pavlikianidis and John J. Pavlikianidis AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-012. This item was pulled for discussion by Council Member Gonzalez. Council Member Gonzalez requested information regarding how the determination to demolish was made. Mr. Frank Simpson, Inspections Director, responded that it is complaint based, from either the fire department, the City’s inspectors, or from public complaints. Mr. Simpson also stated that by the time the properties are brought before Council for demolition approval, the Inspections department has attempted to work with the property owners but the property owners have not cooperated. MOTION: Council Member Gonzalez moved to approve Items 3.E.1, 3.E.2, 3.E.3, 3.E.5, and 3.E.6. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) C. Approve amendment and a five-year extension of the lease of 427 Hay Street by Subway Real Estate Corporation. This item was pulled for discussion by Council Member Worthy. Council Member Worthy was concerned that the franchisee that renovated the building would be removed. He felt discussion with the franchisee was in order to find out what could be done to resolve the problems he might be having. Discussion was held regarding whom the lease was with, the amount of monthly rent, and whether the lease could be extended on a month-to-month basis until the issues could be resolved. MOTION: Council Member Worthy moved to refer this item to the Development Committee for more information. SECOND: Council Member Haire VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Keefe) 4. PUBLIC HEARINGS: A. Consider the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for property located along Cliffdale Road west of Castle Rising Road. Containing 10.04 acres more or less and being the property of Joseph P. Riddle, III, as evidenced by map and legal description furnished by the City of Fayetteville. Case No. P05-21F. Mr. Jimmy Teal, Chief Planning Officer, presented this item, showing maps and describing the 2010 Land Use Plan adjusted with the Glensford Study. Mr. Teal stated this item was previously before Council and was brought back for a decision. Mr. Teal responded to questions regarding the differences between R5 and P2 zoning and traffic realignment at Castle Rising Road. He stated that Blue Ridge Development had agreed to donate two lots at Castle Rising Road for traffic realignment, but realignment would require more property. The Zoning Commission recommends rezoning to P2. This is the continued advertised public hearing set for this date and time. The public hearing re-opened at 9:03 p.m. Mr. Michael Hannan, 4739 Flintcastle Road, Fayetteville, NC, spoke in favor of the rezoning, and presented aerial photographs of the area. Mr. Hannan stated that the residents of the area preferred the zoning be residential, but compromised on professional zoning. Mr. Brian Irving, 1713 Veanna Drive, Fayetteville, NC, appeared in favor of the rezoning. There was no one further to speak and the public hearing closed at 9:17 p.m. MOTION: Council Member Gonzalez moved to rezone the property from R5 Residential to P2 Professional and for staff to return in 60 days with the cost for road realignment. SECOND: Mayor Pro Tem Kirby VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Williams) B. Consider request from Fayetteville-Cumberland Parks and Recreation Advisory Board for the following: A. Rename the swimming pool at Seabrook for Ronnie L. Chalmers. Council Member Dawkins inquired as to how many times facilities have been renamed in the last few years and how much is being spent on the projects. Robert Barefoot, Parks and Recreation Director, responded that there had been approximately three or four facilities renamed in the last few years and that the majority of those had been paid for by the persons requesting the name change. This is the advertised public hearing set for this date and time. The public hearing opened at 9:36 p.m. Ms. Patricia R. Robertson, 3457 Bennett Drive, Fayetteville, NC spoke on behalf of Ronnie Chalmers’ family, in support of renaming the swimming pool. Linda L. Miller, 903 Rexdale Street, Fayetteville, NC, spoke in favor of renaming the swimming pool in honor of Ronnie Chalmers. There was no one further to speak and the public hearing closed at 9:49 p.m. MOTION: Council Member Haire moved to rename the swimming pool at Seabrook for Ronnie L. Chalmers. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) B. Rename the basketball court at the Smith Center for Joseph “Pop” Jones. This is the advertised public hearing set for this date and time. The public hearing opened at 9:51 p.m. Gregory Jones, 7218 Scenic View Drive, Fayetteville, NC, youngest son of “Pop” Jones, spoke in favor of renaming the basketball court for his father. Mr. Jones gave a synopsis of “Pop” Jones accomplishments. He stated he and his family would appreciate his father being so honored. Reverend Floyd W. Johnson, 716 Amber Drive, Fayetteville, NC, spoke in favor of the renaming as well. Reverend Johnson asked Council to vote the same way the Parks and Recreation Advisory Board had, unanimously. There was no one further to speak and the public hearing closed at 9:56 p.m. MOTION: Council Member Haire moved to rename the basketball court at the Smith Center for Joseph “Pop” Jones. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) C. Consider entering into a Master Lease Agreement with Festival Park Plaza Office, LLC, to facilitate the redevelopment of the site located at the corner of Ray Avenue and Maiden Lane. Mr. Marshall Isler, Downtown Development Corporation, presented this item. Mr. Isler stated this was the final step before submission to the Local Government Commission. Mr. Isler briefly reviewed the terms of the lease, including the safeguards to the City. Mr. Isler responded to questions regarding the letters of intent for the leasing of the building and the significance of a commercial building in the park area. This is the advertised public hearing set for this date and time. The public hearing opened at 10:05 p.m. Keith Bates, 5404 Chesapeake Road, Fayetteville, NC, spoke in favor of the Agreement, supporting downtown growth. Brian Irving, 1713 Veanna Drive, Fayetteville, NC, spoke in opposition to the Agreement, stating that since downtown has grown so significantly why not foster growth in other parts of the city. There was no one further to speak and the public hearing closed at 10:08 p.m. RESOLUTION AUTHORIZING ENTERING INTO A MASTER LEASE AGREEMENT WITH FESTIVAL PARK PLAZA OFFICE, LLC, TO FACILITATE THE REDEVELOPMENT OF THE SITE LOCATED AT THE CORNER OF RAY AVENUE AND MAIDEN LANE. RESOLUTION NO. R2005-053. MOTION: Council Member Smith moved to adopt resolution. SECOND: Council Member Massey VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Williams) 8. Consider approving the rezoning from C3 Commercial District to C2 Commercial District or to a more restrictive zoning classification for the area bounded by Ray Avenue to the east, CSX rail line to the west, Prince Charles property to the south, and Rowan Street to the north. Containing 21 acres more or less and being the property of the City of Fayetteville as evidenced by deeds recorded in Deed Books 5375 and 6331, pages 212 and 787 respectively, Cumberland County Registry. Case No. P04-71F. Mr. Jimmy Teal, Chief Planning Officer, presented this item, stating this rezoning would facilitate the development of Festival Park. MOTION: Council Member Haire moved to approve the rezoning. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) (Council Member Williams absent) 6. Consider setting public hearing date for Hope Mills Road Land Use Plan.3 Mr. Jimmy Teal, Chief Planning Officer, presented this item, giving the possible dates of October 20, November 17, or November 21, 2005, for the public hearing at either J.W. Coon or Sherwood Park Elementary Schools. MOTION: Council Member Gonzalez moved to set the public hearing on November 17, 2005. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (10-0) (Council Member Williams Absent) 7. Discussion of providing vehicle decals to City residents who pay $5.00 vehicle fee. Mayor Pitts presented this item, stating that City residents will receive a static decal with the City logo for their vehicles. The decals will be mailed to all residents who have a registered vehicle. MOTION: Council Member Smith moved to authorize staff to take the appropriate actions to implement. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) (Council Member Williams Absent) 5. Discussion of 3521 Madison Avenue. MOTION: Council Member Williams moved to go into closed session to preserve the attorney-client privilege. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) The regular session recessed at 10:08 p.m. MOTION: Council Member Smith moved to reconvene in open session. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) The regular session reconvened at 10:37 p.m. Council Member Gonzales emphasized that this did not mean a lawsuit would be initiated immediately, but that the process would be started. MOTION: Council Member Williams moved to direct the City Attorney to commence nuisance abatement proceedings against the owner of 3521 Madison Avenue. SECOND: Council Member Haire VOTE: UNANIMOUS (10-0) 9. APPOINTMENTS: FAYETTEVILLE PLANNING COMMISSION J. Michael Harpe, Mikele Haywood, David Gladney and James Hendrix were appointed to the Fayetteville Planning Commission. FAYETTEVILLE ZONING COMMISSION Billy Manning and Culous Hayes were appointed to the Fayetteville Zoning Commission. JOINT APPEARANCE COMMISSION Council Member Kirby withdrew her nomination of Annette Smith. Tom Goetz and Bernadette Bogertey were appointed to the Joint Appearance Commission by acclamation. TAXICAB REVIEW BOARD Mayor Pitts withdrew his nomination of J. Michael Harpe. Ronda Beattie and John C. Barrington were appointed to the Taxicab Review Board by acclamation. NOMINATIONS – First Week BOARD OF ADJUSTMENT – 1 vacancy Lee Zuravel was nominated by Council Member Keefe. JOINT CITY AND COUNTY SENIOR CITIZENS ADVISORY COMMISSION – 2 vacancies Sylvia Williams was nominated by Council Member Smith. HISTORIC RESOURCES COMMISSION – 1 resignation – 1 fill-in needed Kirk DeViere was nominated by Council Member Keefe. 10. ADMINISTRATIVE REPORTS A. Update on establishment of Environmental Court. B. Update on Barges Lane. City Attorney Karen McDonald gave a brief update on the status of the paving, stating the City was working with one of the property owners to resolve a dispute regarding the ownership of some of the right of way. INFORMATION ITEMS: 1. Report from Human Relations Commission on Bragg Boulevard mural. 2. Statement of taxes collected for the month of July 2005 from the Cumberland County Tax Administrator. 2005 Taxes $ 0.00 2005 Vehicle Taxes 165,795.04 2005 Revit 0.00 2005 Vehicle Revit 158.85 2005 FVT 18,916.12 2005 Storm Water 0.00 2004 Taxes 95,866.38 2004 Vehicle Taxes 104,919.58 2004 Revit 0.00 2004 Vehicle Revit 111.84 2004 FVT 13,296.68 2004 Storm Water 5,487.91 2003 Taxes 43,957.12 2003 Vehicle Taxes 4,069.24 2003 Revit 0.00 2003 Vehicle Revit 0.00 2003 FVT 711.54 2003 Storm Water 2,046.37 2002 Taxes 32,714.61 2002 Vehicle Taxes 1,160.89 2002 Revit 0.00 2002 Vehicle Revit 0.00 2002 FVT 242.06 2002 Storm Water 1,088.00 2001 and Prior Taxes 4,920.77 2001 and Prior Vehicle Taxes 3,759.62 2001 and Prior Revit 0.00 2001 and Prior Vehicle Revit 0.00 2001 and Prior FVT 726.70 2001 and Prior Storm Water 451.64 Interest 29,628.00 Interest (Revit) 2.74 Interest (Storm Water) 1,111.60 Fayetteville Discount (Current) 0.00 Fayetteville Discount (Revit) 0.00 Total Collections $531,143.30 3. Renaissance Lighting Plan. 4. Police Department – Report for July 2005 from the Office of Professional Standards. 5. Status of ongoing annexation projects. MOTION: Council Member Smith moved to adjourn the meeting. SECOND: Council Member Keefe VOTE: UNANIMOUS (10-0) The meeting adjourned at 11:00 p.m. WORK SESSIONS SEPTEMBER 6, 2005 FAYETTEVILLE CITY COUNCIL WORK SESSION LAFAYETTE ROOM, CITY HALL SEPTEMBER 6, 2005 6:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Absent: Council Member Lois Kirby (District 5) Staff Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Kyle Sonnenberg, Assistant City Manager Doug Hewett, Strategic Initiatives and Corporate Communications Director Jason Brady, Governmental Affairs and Public Information Officer Jimmy Teal, Chief Planning Officer Bobby Teague, Engineering & Infrastructure Director Victor Sharpe, Community Development Director Stacy K. Hansen, Deputy City Clerk Members of the Press 1. Approval of Agenda This being a work session, no motions were made. 2. Update on HOPE VI application. This item was presented by Victor Sharpe, Community Development Director, and Dawn Driggers, Interim Director of Fayetteville Metropolitan Housing Authority (FMHA). Mr. Sharpe explained that the FMHA is making preparations for a HOPE VI application. He stated the funds requested in the HOPE VI application would require leveraging of other resources to make a competitive application. He further stated the City has received several requests for surplus property in the Wilmington Road area. Mr. Sharpe recommends that City Council delay disposition of the surplus property until decisions are made concerning the HOPE VI application. Dawn Driggers, Interim Director of FMHA explained the need to retain specialized outside counsel for assistance and guidance in selecting a developer who will help in the HOPE VI application. She also explained that FMHA has budgeted the funds to pay for legal services. Ms. Driggers stated the HOPE VI requires mixed-use development such as apartment complexes and low-income housing. She also stated that any housing currently on a site would have to be demolished and rebuilt in order to qualify for the HOPE VI funding. Discussion was held regarding the timeline for submitting the application and the qualifications for HOPE VI funding. Discussion of Hurricane Katrina Relief Efforts Mayor Pitts stated in order for Fayetteville to be designated as an evacuee area the County would have to apply. He stated in the interim, the City could be a focal point for distribution of information through the Human Relations Commission. There are currently approximately 40 families in the area who need services, and any others that may come will also need assistance. Mayor Pitts’ suggestion was to partner with area churches to provide a more nurturing environment. Discussion ensued regarding the City’s inability to use taxpayer money for relief efforts. City Manager Roger Stancil stated that the City is part of a large system of cities helping cities and that the City’s search and rescue team was on alert, waiting to be called to action. 3. Discussion of Gateway Corridor overlay district. This item was presented by Jimmy Teal, Chief Planning Officer. Mr. Teal stated overlay districts need to be developed for areas surrounding the City’s gateways. Mr. Teal explained that the gateways currently were limited to the right of way areas and there was a need to expand the areas outside of the rights of way for overall improved appearance. The overlay districts would be more restrictive than the normal zoning ordinance. Mr. Teal stated the overlay district plan would be referred to the Planning Commission, which would in turn submit their plans to the Zoning Commission for a public hearing. Following the public hearing, the plan would be presented to Council for their approval. Mr. Teal further stated that while the original plan was for Person Street, the other gateway areas could use the same type of plan. 4. Discussion of Downtown Core ordinance revisions regarding pushcarts. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal stated currently pushcarts were only allowed in the 300 block. There had been requests for an extended area for pushcarts to include the Courthouse and Dick Street area. Mr. Teal also stated the City staff and the Downtown Alliance worked together and had agreed on most of the revisions to the ordinance. Mr. Teal stated staff’s recommendations were for an annual fee of $175.00 and for the City Inspections Department to handle the enforcement activities. Mr. Teal requested guidance on the Council’s desires. Discussion was held regarding the impact of the revised ordinance on existing businesses and future potential problems. Council Member Robert Massey suggested referring the item to the Development Committee. 5. Discussion of Shannon Drive maintenance. Bobby Teague, Engineering and Infrastructure Director, presented this item. Mr. Teague stated that Shannon Drive is a private street that runs through a shopping center off Bragg Boulevard. He also stated that he had been in contact with the property owner, who seemed willing to work with the City regarding the street. Council Member Keefe inquired what could be done to solve the maintenance problem. City Attorney Karen McDonald stated the City could not dictate maintenance of private property. If the City condemned the property and made it a public street the owner would have to be compensated. Mr. Teague stated he would like to continue talking with the owner to attempt to resolve the matter before the City condemns the property. Mayor Pitts directed Mr. Teague to continue negotiations with the property owner and return to Council with updates. 6. Discussion of economic development project. Mr. Henry McCoy brought forth a proposal to develop a research park in the downtown area. He has been working with the Cumberland County Business Council (CCBC) and Fayetteville State University (FSU) to make this a public/private proposal. Mr. McCoy discussed his proposal for social entrepreneurship. Mr. Bill Martin, President, CCBC, offered his support for Mr. McCoy’s proposal. He stated this is not a government effort, but companies investing in Fayetteville. Chancellor Bryan, FSU, stated the University has the capacity for this social innovation project, and has been considering the idea for several years. She also stated the University has faculty experts to assist entrepreneurs. Discussion was held regarding how to keep any new businesses, whether the idea can be merged with defense technologies innovation center, and opportunities for growth. Mr. McCoy ended his presentation by stating he did not want the City to foot the bill, but wanted to partner with the City, County, FSU, CCBC, and other private businesses. Mayor Pitts requested that Mr. McCoy return with an update following his presentation to the other entities. 7. Discussion of award of contract for construction of North Side of Festival Park. Bids have been received for Festival Park north of the Creek. The bids exceeded budgeted funds and staff has been working with the architects and the apparent low bidder to develop a package for award within budgeted funds. City Manager Roger Stancil explained the reasons for the excessive bids. He stated the restroom building was designed so that the back wall of the building was the retaining wall for a service road, which escalated the cost. After working with the low bidder, the City staff recommended removing the restroom/concession building from the initial contract. Mr. Stancil stated the restroom building could be added to the contract with a change order or could be opened for bids to another company. He also stated there would be restrooms on site before the North Side of the Park opened. Mr. Stancil requested to place the award of this contract on the September 12, 2005 agenda for approval. 8. Initiation of a process to review stormwater development standards. Kyle Sonnenberg, Assistant City Manager, presented this item. Mr. Sonnenberg stated that with the new federal and state mandates on stormwater becoming effective soon the City and County needed to review policies and practices for revision. Mr. Sonnenberg also stated that Phase II of the standards concerned the quality of the water being released into the streams. Mr. Sonnenberg requested Council authorization to begin discussion with county staff about joint recommendations on future development standards. After discussion of City versus County standards, Mayor Pitts suggested open-ended discussions with no restrictions so that a solution could be reached. 9. Update on discussion between City Attorney and PWC General Manager on legal and risk management relationships. City Attorney Karen McDonald stated that PWC had agreed to give monthly reports regarding its legal and risk management issues. She stated considering the amount paid for legal services by PWC it may be more cost effective for PWC to hire an in-house attorney. She also stated that she is working with PWC to evaluate that option. 10. Discussion of Public Forum. Mayor Pitts suggested that since misinformation and untruths are often stated in the public forum, he would like for the City Manager and/or the City Attorney to be given an opportunity at the end of each public forum for clarification. Discussion was held regarding allowing council members an opportunity to respond to comments made during the forum. City Attorney McDonald requested the Mayor to reiterate the purpose and process for the public forum prior to each forum. Mayor Pitts also stated he would like to have an annexation question and answer session at the September 26, 2005, meeting. 11. Discussion of public transportation. Mayor Pitts requested information from City Manager Roger Stancil regarding the plan for public transportation to the newly annexed areas. Mr. Stancil stated the plan was to expand the current system to the western part of the City within the next thirty days. Discussion was held regarding the cost for expanding service, serving areas of need, and input from the citizens of the annexed areas. The meeting adjourned at 8:55 p.m. REGULAR MEETING SEPTEMBER 12, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 12, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4)(arrived at 7:15 p.m.); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Jimmy Teal, Chief Planning Officer Jason Brady, Governmental Affairs and Public Information Director Stacy K. Hansen, Deputy City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Pearl Hall, Maranatha True Holiness Church, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. Council Member Juanita Gonzalez presented Reverend Hall with a City pin and coin. MAYOR’S ANNOUNCEMENTS: 1. APPROVAL OF AGENDA MOTION: Council Member Smith moved to approve the agenda. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) 2. CONSENT: Council Member Keefe requested to pull Item 2.B.5. Council Member Gonzalez requested to pull Items 2.B.2 and 2.B.3. MOTION: Council Member Massey moved to approve the consent agenda with the exception of Items 2.B.2, 2.B.3, and 2.B.5. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) The following items were approved: A. Approve minutes: 1. Regular meeting of August 22, 2005. B. Approve the following financial actions: 1. Tax refunds greater than $100.00. Name Year Basis City Refund Crown Castle South LLC 2003-2004 Corrected Assessment $3,520.79 Gore, Fulton & Wanda, T/A Gore Heating 2004 Corrected Assessment 1,576.97 & Air Sovereign Bank 2003-2004 Corrected Assessment 764.92 Total $5,862.68 2. Pulled for discussion by Council Member Gonzalez. 3. Pulled for discussion by Council Member Gonzalez. 4. Capital Project Ordinance Amendment 2006-4 (Streetscape for 200 Block of Person Street). The streetscape project for the 200 Block of Person Street is currently underway and has a budget of $200,241.00. An additional $25,000.00 is needed to complete the landscaping and irrigation for the project. Capital Project Ordinance Amendment 2006-4 will appropriate an additional $25,000.00 from the General Fund to complete this project. The source of funds is a designation in the General Fund for gateway beautification. 5. Pulled for discussion by Council Member Keefe. 6. Contract for purchase of one (1) additional 25 Cubic Yard Belt Drive Self-Contained Leaf Vacuum Truck to Virginia Truck Center, Richmond, VA, in the amount of $101,600.00. On July 11, 2005, Council approved a waiver of competitive bidding, as allowed by G.S. § 143-129(g), for the purchase of two (2) 25 Cubic Yard Belt Drive Self-Contained Leaf Vacuum Trucks, with the option to purchase an additional unit at a later date for Phase V Annexation. This action would authorize the purchase of the additional unit for Phase V Annexation. 7. Contract for the purchase of one (1) Tandem Axle Truck with Sewer and Catch Basin Cleaner (Jet-Rodder Truck), with the option to purchase additional units, to Public Works Equipment and Supply, Monroe, NC, in the amount of $247,372.00 through a piggyback with City of Greensboro, North Carolina. 8. Utility Agreement with the North Carolina Department of Transportation. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R2005-054. 9. Establishing Fleet Maintenance Internal Service Fund within PWC section of the City budget and adopting Fiscal Year 2006 General Fund Budget Amendment #1 implementing this action. RESOLUTION TO ESTABLISH THE PUBLIC WORKS COMMISSION FLEET MAINTENANCE INTERNAL SERVICE FUND. RESOLUTION NO. R2005-055. 10. Approve extension of lease to Subway Real Estate Corp. for a term of five years. C. Approve the initial zoning to C1P Commercial District or to a more restrictive zoning classification for an area located on the northwest corner of McArthur Road and Ramsey Street. Containing 2.80 acres more or less and being the property of State Employee Credit Union as evidenced by map and legal description furnished by the City of Fayetteville and annexed by the City of Fayetteville effective July 11, 2005. Case No. P05-25F. D. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on the northern end of Thamesford Drive. Containing 26.48 acres more or less and being the property of Kamenbury Development, LLC, as evidenced by map and legal description furnished by the City of Fayetteville and to be annexed by the City of Fayetteville effective November 9, 2005. Case No. P05-28F. E. Approve the rezoning from P2/P3 Professional Districts and C1P Commercial District to R5 Residential District or to a more restrictive zoning classification for property located on the north side of Morganton Road and the west side of Westlake Drive. Containing 20.69 acres more or less and being the property of Harris Farms Joint Venture; William A. Maxwell, Sr.; E. L. Harris; and Loy Stan Mark as evidenced by deed recorded in Deed Books 542, 4284, 4768, and 5951, pages 223, 408, 697, and 725 respectively, Cumberland County Registry. Case No. P05-30F. F. Approve the rezoning from P2 Professional District to C2 Commercial District or to a more restrictive zoning classification for property located at 200 and 206 Maiden Lane. Containing 0.28 acres more or less and being the property of John W. Lynch as evidenced by deed recorded in Deed Book 4291, pages 736, 737, and 790-797, Cumberland County Registry. Case No. P05-32F. G. Authorize advertisement of an offer to purchase four vacant City lots by the Fayetteville Area Habitat for Humanity for upset bids. H. Accept an offer to purchase a portion of City lot 0530-06-9090 adjacent to the east margin of Shoreline Drive by Jewel Johnson-Powell. I. Convey a portion of a PWC Lift Station Site, PIN 0436-78-5591, on Montgomery Street to the owner of 801 Montgomery Street in order to correct an error in platting. J. Adopt resolution regarding public auction of City and County jointly owned property. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE SALE AT PUBLIC AUCTION OF SURPLUS PROPERTY OF THE CITY OF FAYETTEVILLE AND COUNTY OF CUMBERLAND. RESOLUTION NO. R2005-056. K. Authorize staff to work with Fayetteville Metropolitan Housing Authority to develop a HOPE VI application for the area centered around Old Wilmington Road and to retain ownership of City-owned land in the area until decisions are made about the HOPE VI application. L. Refer development of a Gateway Corridor Overlay District, beginning with Person Street, to the Planning Commission. M. Refer discussion of Downtown Core Ordinance revisions to the Development Committee. N. Authorize staff to negotiate with owners of Sycamore Square shopping center for acquisition and improvement of Shannon Drive and report back to Council. O. Authorize staff to begin discussions with County regarding effect of federal and state storm water mandates on development standards. P. Authorize the City Attorney to continue discussions with PWC General Manager about the feasibility of an in-house staff attorney to handle routine matters at PWC. Q. Direct staff to develop alternatives and costs for extending bus service into Phase V annexation area and report back to Council in 30 days. R. Approve request from Cross Creek Mall for waiver of fire permit fee for Hurricane Katrina relief fundraiser events. B.2. Special Revenue Ordinance 2006-4 (FY 2005 Justice Assistance Grant). Council Member Gonzalez pulled this item for discussion. B.3. Special Revenue Ordinance Amendment 2006-1 (Cyber Crime Grant). Council Member Gonzalez pulled this item for discussion. She requested the City Manager explain the grants for the citizens. City Manager Roger Stancil explained the grants were for a fingerprint identification system and for the Police Department’s Cyber Crimes and Child Pornography on the Internet Program. MOTION: Council Member Gonzalez moved to approve Items 2.B.2 and 2.B.3. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) B.5. Construction contract for Festival Park, North Side, to Ellis Walker Builders, lowest responsible bidder, in the negotiated amount of $3,756,000.00. Council Member Keefe pulled this item for discussion. Bids were received as follows: Total-Base Bid Negotiated Bidder and 3 Alternates Amount    Shaw Construction (Spring Lake, NC) $6,207,000.00 $.00 Ellis-Walker Builder, Inc. (Fayetteville, NC (EWB) $6,102,800.00 $3,756,000.00 Council Member Keefe questioned the reason for going ahead with awarding the contract. City Manager Roger Stancil stated due to increasing costs of especially concrete and steel, he wanted to get started so that the cost could be contained. He stated there was never any intention to open the park without the restrooms being built. He further stated if the contract was awarded a change order could be added to construct the restroom building. MOTION: Council Member Keefe moved to award contract and authorize City Manager to execute change orders as funds are available. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (10-0) 3. PUBLIC HEARINGS: A. Case No. P05-31F. Consider an application by Matt Feldbusch for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Section 30-107(24), to allow a daycare in a P2 Professional District for the property located at 302 Bradford Avenue. Containing 0.47 acres more or less and being the property of MCR Construction Company as evidenced by deed recorded in Deed Book 5128, pages 408-410, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal showed photographs of the location and described area zoning and land use. He stated because this is zoned P2, a special use permit was required to operate a day care facility. This is the advertised public hearing set for this date and time. The public hearing opened at 7:50 p.m. Wanda James, 302 Bradford Avenue, Fayetteville, was sworn in by the Deputy City Clerk. Ms. James will be the director of Playtime Plus. She stated she wants to provide reliable and affordable daycare to the area. Council Member Gonzalez questioned Ms. James regarding parking, the turnaround, and the location of the fenced play area. Ms. James responded that the property owner was willing to move the drive to the rear of the property with access to Bradford Avenue if needed. Ms. James also stated that the owner had several options depending on the requirements of the planning department. There was no one further to speak and the public hearing closed at 7:55 p.m. MOTION: Council Member Keefe moved to approve the special use permit. SECOND: Mayor Pro Tem Kirby Council Member Gonzalez expressed concerns regarding the safety of the location and the amount of traffic in the area. VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez) B. Case No. P05-33F. Consider the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for property located at 530 Terry Circle. Containing 0.29 acres more or less and being the property of David Alabaster and wife as evidenced by deed recorded in Deed Book 4835, pages 534 and 535, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal showed the site plan, described the land use plan and surrounding zoning. He stated the Zoning Commission recommended denial of the rezoning. This is the advertised public hearing set for this date and time. The public hearing opened at 8:00 p.m. David Alabaster, 100 Dobbin Avenue, Fayetteville, NC, spoke in favor of the rezoning. Mr. Alabaster thanked the Council Members who had inspected the property and talked with the neighbors. He stated that the area has changed dramatically since the house was built fifty years ago. He discussed the view from the property and how difficult it has been for him to find suitable tenants who want to live in an area surrounded by offices and parking lots. He further stated that P2 zoning could provide a buffer for the rest of the neighborhood. There was no one further to speak and the public hearing closed at 8:10 p.m. MOTION: Council Member Worthy moved to approve the rezoning. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) 4. Consider contribution to the North Carolina Local Government Wing campaign. City Manager Roger Stancil presented this item. Mr. Stancil stated that the Institute of Government (IOG) had asked for contributions for the capital improvement project of building the Local Government Wing at the Institute of Government. The IOG has suggested a contribution of $9072.00, the equivalent of the annual Institute dues. Mr. Stancil also stated that the contribution would trigger a dollar-for-dollar match to go towards equipment, furniture and landscaping needs. Mr. Stancil answered questions regarding the use of the contributions, the amount of the requested contribution, and the location of the Local Government Wing. MOTION: Council Member Gonzalez moved to deny the recommended contribution of $9,072.00. SECOND: Council Member Williams Discussion was held regarding the benefits of the Institute of Government. Mayor Pitts stated that Fayetteville has been known as an isolationist community, which has hurt the City. He stated this contribution would be a step in the right direction to show Fayetteville’s goodwill. VOTE: PASSED by a vote of 6 in favor to 4 in opposition (Council Members Smith, Keefe, Massey, Pitts) 5. Consider discussion about going to an all at-large City Council representation. Council Member Williams presented this item. Mr. Williams asked the City Attorney if there was enough time to allow for a referendum on the November ballot to let the citizens decide if they wanted at-large representation. City Attorney Karen McDonald responded that she is not familiar with the process, but thought that there may not be enough time. MOTION: Council Member Williams moved to direct the City Attorney to investigate putting the issue of six districts and 3 at-large, on the November Ballot. SECOND: Council Member Gonzalez Council Member Keefe inquired as to what exactly Council Member Williams wanted on the ballot. Council Member Williams responded that he would like to have six single member districts and three at-large members. Council Member Dawkins stated he believed the citizens were ready to go back to at-large representatives because they want to vote for more than twenty percent of the total council. Council Member Worthy stated he would not support the motion because having at-large council members did not work well. Council Member Smith concurred with Council Member Worthy, and stated further that with the previous at-large members the voters were not treated fairly. Council Member Kirby stated this was not the right time to bring this issue up and it would not do the community any good. Council Member Massey stated that the citizens voted to get rid of the at-large representation. He further stated the council members needed to get out and learn their districts and meet their constituents. Council Member Keefe stated the citizens had a right to speak, and if there were at-large seats he would like them and the mayor to have four-year terms, while the district representatives serve two-year terms. Council Member Gonzalez stated that the citizens wanted to vote for at least half of the council members. She also stated this would just be a question on the ballot, for something to be determined at a later time. She further stated that the process needed to be started. VOTE: FAILED by a vote of 4 in favor (Council Members Williams, Gonzalez, Keefe, and Dawkins) to 6 in opposition 6. BOARDS AND COMMISSIONS: NOMINATIONS – Second Week BOARD OF ADJUSTMENT – 1 vacancy – 1 nomination – 0 needed No nominations were made. JOINT CITY AND COUNTY SENIOR CITIZENS ADVISORY COMMISSION – 2 vacancies – 1 nomination – 1 needed Katherine Marable was nominated by Council Member Haire. INFORMATION – No action needed HISTORIC RESOURCES COMMISSION – 1 resignation – 1 fill-in needed HISTORIC RESOURCES COMMISSION - 5 vacancies WRECKER REVIEW BOARD – 1 vacancy 7. ADMINISTRATIVE REPORTS A. Comparison of City and County regulations in regards to Phase V annexation area. Council Member Keefe inquired about tractor-trailer, bus, and motor home parking on the street. Jimmy Teal, Chief Planning Officer, stated that any vehicle that can be driven, such as motor homes, could be parked in a driveway; any vehicle that has to be towed has to be parked at the rear of the property, not in the driveway or front yard. Buses and tractor-trailers cannot be parked on the street or in driveways. Mr. Teal stated that the inspections department would handle those types of situations. MOTION: Council Member Worthy moved to send the tractor-trailer ordinance to the Policy Committee. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) Council Member Haire inquired when the information would be going to the annexed areas. City Manager Roger Stancil stated there would be direct mailings to the newly annexed areas, and there is also a telephone number that citizens can call to get information; that number is 433-1FAY (433-1329). Mr. Stancil stated the 1FAY number would be answered by staff from 8:00 a.m. until 5:00 p.m., and by an answering machine otherwise. Any calls received by the answering machine will be responded to within 48 hours. INFORMATION ITEMS: 1. Report of tax refunds less than $100.00. Name Year Basis City Refund Oakes, Lisa Turner 2003-2004 Corrected Assessment $26.30 Total $26.30 2. Information regarding electronic advertising. Council Member Keefe stated he felt the City would benefit from the use of electronic advertising, that newspaper advertising was costly and ineffective, and that different groups could be targeted electronically. MOTION: Council Member Keefe moved to ask the City Manager to pursue electronic advertising as soon as possible. SECOND: Council Member Gonzalez VOTE: UNANIMOUS (10-0) 3. Information for the NCLM Annual Business meeting. MOTION: Council Member Kirby moved to adjourn the meeting. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) The meeting adjourned at 9:05 p.m. REGULAR MEETING SEPTEMBER 26, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 26, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Absent: Council Member Darrell J. Haire (District 4) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Lisa Smith, Chief Financial Officer Frank Simpson, Inspections Director Chief Tom McCarthy, Police Chief Benjamin Nichols, Fire Vera Bell, Solid Waste Director Jimmy Teal, Chief Planning Officer Victor Sharpe, Community Development Director Jason Brady, Governmental Affairs and Public Information Director Karyn M. Brunson, Assistant City Attorney Stacy K. Hansen, Deputy City Clerk Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Willie Mouzon, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. Council Member Juanita Gonzalez presented Rev. Mouzon with a City pin and coin. MAYOR’S ANNOUNCEMENTS: Special Events The Mayor and Council members reviewed the special events for the month of October 2005. 1. APPROVAL OF AGENDA City Manager Roger Stancil recommended moving Item 3.B.2. to Item 4.A. Council Member Williams pulled Item 9 from the agenda and requested that it be placed on the next agenda. MOTION: Council Member Worthy moved to approve the agenda as changed and with the exception of Item 9. SECOND: Council Member Dawkins VOTE: UNANIMOUS (9-0) 2. PUBLIC FORUM: Mr. Steve McMillan, 6521 Cissna, Fayetteville, NC, stated he was happy with the annexation information that was available, but asked what the City has to offer other than water and sewer, and police and fire protection. Ms. Karalee Plummer, 6824 Winchester Street, Fayetteville, NC, requested an audit because an elected official was using the recreation district tax for his own purposes. Ms. Juanita Cooper, 1100 Ranaldi Street, Fayetteville, NC, spoke in opposition to the annexation stating she did not want to be a part of the city because she could not afford it. Mr. Barry Cummins, 3811 David Street, Fayetteville, NC, spoke on behalf of the residents of 1405 – 1411 Morgan Lane. Mr. Cummins requested the city pave that portion of Morgan lane. He stated that the roadbed was one-half to one foot above the property levels which caused runoff onto the property causing the yards to flood. He requested Morgan Lane be placed on the priority list for street paving. Mr. Eddie Hollingsworth, 336 Summerhill Road, Fayetteville, NC, spoke regarding the dog breeders next door to his property. He presented Mayor Pitts with a petition containing 700 signatures requesting the animal control ordinance be revised. Reverend Willie Mouzon, 7004 Media Drive, Fayetteville, NC, spoke regarding the noise ordinance and crime prevention specialists. He stated more crime prevention specialists would be needed for the newly annexed area. Mr. Tom Parent, 603 Dandridge Drive, Fayetteville, NC, spoke regarding the lack of ordinance enforcement, the farmland exemption, and higher standards for city employees. Mr. Parent also questioned why Shaw Road was not part of the annexation. Mr. Rick Van Wy, 1413 Paisley Avenue, Fayetteville, NC, stated downtown was not the focal point of the community, and more development was needed where the citizens spent their money. He also spoke regarding backdoor trash pickup, putting reflective paint on the streets, and the central business district tax. He further questioned the yard sale permit and fee. Mr. Brian Irving, 1713 Veanna Drive, Fayetteville, NC, spoke regarding the Airborne and Special Operations Museum, stating that he had given some misinformation at a prior public forum. He stated the cause of most misinformation was the difficulty in getting information from city officials. In rebuttal, City Manager Roger Stancil stated that farmland is determined by the county tax assessor. He stated that taxes are deferred until the property is subdivided, no taxes are levied and no services are offered. He further stated police and fire services is provide by mutual aid agreements. Regarding backdoor trash pick up, Mr. Stancil stated the service would continue for the elderly and handicapped at no charge. Mr. Stancil stated the permit and fee for yard sales was initiated because of neighborhood concerns to prevent persons from having continual yard sales. Mr. Stancil stated that no City money is spent on operating costs of the Special Operations Museum, and the sales tax is collected by the State and distributed to both the City and County. Mr. Stancil answered questions regarding the downtown tax by stating that the downtown property owners requested the tax, and all of the tax revenue is spent in the downtown area. City Attorney Karen McDonald responded to questions raised regarding eminent domain laws by stating that eminent domain is governed by North Carolina General Statute 40-A, and that statute was very specific as to what is allowed. 3. CONSENT: Council Member Williams requested to pull Item 3.B.1 for discussion. MOTION: Council Member Keefe moved to approve the consent agenda with the exception of Item 3.B.1. SECOND: Council Member Smith VOTE: UNANIMOUS (9-0) The following items were approved: A. Approve minutes: 1. Council work session held on September 6, 2005. 2. Regular meeting of September 12, 2005. B. Approve the following financial matters: 1. Pulled for discussion by Council Member Williams. 2. Budget Ordinance Amendment 2006-2 (For Phase V Annexation, fuel price adjustment, fire staffing, departmental realignments and other funding adjustments). This item was moved to Item 4.A. 3. Resolution of the City Council of the City of Fayetteville, North Carolina, declaring the intention of said City to reimburse itself from proceeds of one or more tax-exempt financings for certain expenditures made and to be made in connection with the acquisition of equipment and vehicles for departments including Police, Fire, Solid Waste, Engineering and Infrastructure, and Parks, Recreation & Maintenance. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE ACQUISITION OF EQUIPMENT AND VEHICLES FOR DEPARTMENTS INCLUDING POLICE, FIRE, SOLID WASTE, ENGINEERING AND INFRASTRUCTURE, AND PARKS, RECREATION AND MAINTENANCE. RESOLUTION NO. R2005-057. 4. Special Revenue Project Ordinance 2006-5 (Gangs Across Carolinas Conference Grant). The City of Fayetteville has been awarded $27,231.72 from the North Carolina Department of Crime Control and Public Safety, Division of Governor’s Crime Commission, for the Fayetteville Police Department’s 2005 Gangs Across the Carolinas Conference. The total project budget is $27,231.72 with the Governor’s Crime Commission providing 100 percent of the funding. 5. Lease Agreement for office space in Robert C. Williams Building. (PWC) 6. Bid award for Cross Creek Water Reclamation Facilities Paving Improvements to Highland Paving Co, LLC, lowest responsible bidder, in the amount of $365,338.00. (PWC) Bids were received as follows: Highland Paving Co., LLC (Fayetteville, NC) $365,338.00 APAC-Atlantic (Kinston, NC) $521,500.00 Barnhill Contracting Co. (Fayetteville, NC) $463,265.00 RESOLUTION OF AWARD, CITY OF FAYETTEVILLE, NORTH CAROLINA, CROSS CREEK WRF PAVING IMPROVEMENTS STATE REVOLVING LOAN. RESOLUTION NO. R2005-058. C. Approve sign permit for the 30th Annual Craftsmen's Festival the weekend of November 25-27, 2005. D. Adopt resolution pursuant to N.C.G.S. 160A-31 setting October 10, 2005, as a date for a public hearing for a petition-initiated contiguous annexation area (Campbell Property – Located at 112 Trailwood Drive). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-31 (CAMPBELL PROPERTY – LOCATED AT 112 TRAILWOOD DRIVE). RESOLUTION NO. R2005-059. E. Adopt resolution pursuant to N.C.G.S. 160A-58.2 setting October 10, 2005, as a date for a public hearing for a petition-initiated noncontiguous annexation area (Crowe Property – Located on the southeast corner of Veda and Natal Streets). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-58.2 (CROWE PROPERTY – LOCATED ON THE SOUTHEAST CORNER OF VEDA AND NATAL STREETS). RESOLUTION NO. R2005-060. F. Adopt resolution pursuant to N.C.G.S. 160A-58.2 setting October 10, 2005, as a date for a public hearing for a petition-initiated noncontiguous annexation area (Norton Property – Located on the corner of West Mountain Drive and Sandy Valley Road). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED NONCONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-58.2 (NORTON PROPERTY – LOCATED AT THE CORNER OF SANDY VALLEY DRIVE AND WEST MOUNTAIN DRIVE). RESOLUTION NO. R2005-061. G. Adopt resolution pursuant to N.C.G.S. 160A-31 setting October 10, 2005, as a date for a public hearing for a petition-initiated contiguous annexation area (Fairfield Farms, Section 3 – Located at the western end of Summerchase Drive, west of Ramsey Street). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-31 (FAIRFIELD FARMS, SECTION 3 – LOCATED AT THE WESTERN END OF SUMMERCHASE DRIVE, EAST OF RAMSEY STREET). RESOLUTION NO. R2005-062. H. Adopt resolution pursuant to N.C.G.S. 160A-31 setting October 10, 2005, as a date for a public hearing for a petition-initiated contiguous annexation area (Greystone Farms, Section 4 – Located on the northern side of Summerchase Drive, east of Ramsey Street). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-31 (GREYSTONE FARMS, SECTION 4 – LOCATED ON THE NORTHERN SIDE OF SUMMERCHASE DRIVE, EAST OF RAMSEY STREET). RESOLUTION NO. R2005-063. I. Adopt resolution requesting NCDOT to transfer certain streets in the Phase V annexation area to the City of Fayetteville. RESOLUTION REQUESTING THE TRANSFER OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION STREETS WITHIN ANNEX AREA 5. RESOLUTION NO. R2005-064. B.1. Award contract for the installation of concrete sidewalk along Raeford Road to Sandhills Contractors, Inc., lowest responsible bidder, in the amount of $364,075.00. Bids were received as follows: Sandhills Contractors, Inc. (Sanford, NC) $364,075.00 Paul Howard Construction (Greensboro, NC) $463,800.00 Gelder & Associates (Raleigh, NC) $479,550.00 Council Member Williams pulled this item for discussion. Mr. Williams questioned why the north side of Raeford Road was getting sidewalks as opposed to the south side, why there were so many sidewalk pieces along Raeford Road, and where the money was coming from for the cost of the sidewalks. City Manager Roger Stancil responded to Mr. Williams’ questions. MOTION: Council Member Dawkins moved to award the contract. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) 4. A. Budget Ordinance Amendment 2006-2 (For Phase V Annexation, fuel price adjustment, fire staffing, departmental realignments and other funding adjustments). This amendment will appropriate revenues and fund balance to serve the Phase V annexation area, increase the fuel budgets for departments, increase the number of firefighter positions due to an ISO recommendation, reflect departmental realignments, and other miscellaneous funding adjustments. This item was moved from Item 3.B.2. Chief Financial Officer Lisa Smith presented this item, giving a detailed report on the adjustments to be made to the budget. MOTION: Council Member Worthy moved to approve the budget amendment. SECOND: Council Member Massey VOTE: UNANIMOUS (9-0) B. Update on service plans for Phase V annexation. The directors of all City Departments gave reports regarding their departments’ preparedness for annexation. All stated they were ready to implement services beginning September 30, 2005. The Fire Department and Parks and Recreation Directors noted that their departments had been providing services to the annexed area for the past 14 months. 5. Consider request to amend the Lake Shores' Planned Neighborhood District development plan by eliminating the designated commercial use of 2.48 acres and replacing it with residential use based upon R5A Residential standards. The Lake Shores' Planned Neighborhood District plan was adopted by the County prior to annexation in the mid-1980's. The City Council re-adopted the original plan on March 22, 2004. The owner is requesting land currently vacant and designated in the plan as commercial to be changed to residential under the R5A development standards. Although a public hearing is not required, staff recommends a hearing to ensure good information to neighboring property owners. Mr. Jimmy Teal, Chief Planning Officer, presented this item. MOTION: Council Member Keefe moved to set the public hearing for October 24, 2005. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (9-0) 6. Consider appointing two citizens to Steering Committee for the 10-Year Plan to End Homelessness. Victor Sharpe, Community Development Director, presented this item. Mr. Sharpe stated that Council needed to appoint two members to the Committee. After discussion regarding who could serve on the Committee, it was decided to place the item on the next agenda. 7. Consider designation of Voting Delegates for NCLM 2005 Annual Business Meeting on Tuesday, October 18, 2005. (Attending: Mayor Marshall Pitts and Roger Stancil) MOTION: Council Member Smith moved to designate the Mayor as of the Voting Delegate and Roger Stancil as the alternate. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) 8. Discussion of animal control ordinance. Council Member Gonzalez presented this item. Ms. Gonzalez stated the City has a problem with animals and the animal control ordinance needs to be completely rewritten. She suggested discussing the ordinance at the October 3, 2005, work session, and to have the animal control director and Chief McCarthy, or his representative, at the work session. MOTION: Council Member Gonzalez moved to add this item to the October 3, 2005, work session. SECOND: Council Member Massey VOTE: UNANIMOUS (9-0) 9. Request by Council Member Paul Williams for the City Council to stop using the 2010 Plan for our City's land use guide. Council Member Williams pulled this item from the agenda to be placed on the next agenda. 10. Discussion of annual emergency preparedness report. MOTION: Mayor Pro Tem Kirby moved that a report on preparedness be presented at the beginning of every hurricane season. SECOND: Council Member Massey VOTE: UNANIMOUS (9-0) 11. BOARDS AND COMMISSIONS: NOMINATIONS – First Week October Vacancies HISTORIC RESOURCES COMMISSION - 5 vacancies Odessa Davis was nominated for an at-large position by Council Member Smith. Lonnie Player, Jr., was nominated for an at-large position by Mayor Pro Tem Kirby. WRECKER REVIEW BOARD – 1 vacancy – A disinterested person who is not a licensee, wrecker owner or operator, or a City employee, to serve as Chairman. No nominations were made. APPOINTMENTS BOARD OF ADJUSTMENT Mr. Lee Zuravel was appointed by acclamation. JOINT CITY AND COUNTY SENIOR CITIZENS ADVISORY COMMISSION Ms. Sylvia Williams was appointed by acclamation. 12. ADMINISTRATIVE REPORTS A. Monthly pictorial review of City projects. INFORMATION ITEMS: 1. Statement of taxes collected for the month of August 2005 from the Cumberland County Tax Administrator. 2005 Taxes $ 0.00 2005 Vehicle Taxes 245,986.28 2005 Revit 0.00 2005 Vehicle Revit 247.34 2005 FVT 29,384.75 2005 Storm Water 0.00 2004 Taxes 61,130.67 2004 Vehicle Taxes 67,880.30 2004 Revit 112.10 2004 Vehicle Revit 23.03 2004 FVT 9,250.83 2004 Storm Water 4,617.44 2003 Taxes 14,294.08 2003 Vehicle Taxes 3,200.09 2003 Revit 22.57 2003 Vehicle Revit 0.00 2003 FVT 608.36 2003 Storm Water 1,143.94 2002 Taxes 6,660.58 2002 Vehicle Taxes 1,624.93 2002 Revit 0.00 2002 Vehicle Revit 0.00 2002 FVT 246.65 2002 Storm Water 567.23 2001 and Prior Taxes 2,721.18 2001 and Prior Vehicle Taxes 3,557.84 2001 and Prior Revit 0.00 2001 and Prior Vehicle Revit 0.00 2001 and Prior FVT 659.78 2001 and Prior Storm Water 910.99 Interest 17,064.65 Interest (Revit) 15.35 Interest (Storm Water) 1,074.15 Fayetteville Discount (Current) 0.00 Fayetteville Discount (Revit) 0.00 Total Collections $473,005.11 2. Information regarding dedication ceremony for J. Douglas Galyon Depot in Greensboro, October 21, 10:30 a.m. 3. Press release on progress of non-attainment ozone standards. 4. Police Department – monthly report from the Office of Professional Standards for the month of August 2005. 5. Parks and Recreation Advisory Commission – minutes of July 25, 2005. 6. FACVB – minutes of July 14, 2005. MOTION: Council Member Smith moved to adjourn the meeting. SECOND: Council Member Dawkins VOTE: UNANIMOUS (9-0) The meeting adjourned at 10:40 p.m. WORK SESSION OCTOBER 3, 2005 FAYETTEVILLE CITY COUNCIL WORK SESSION LAFAYETTE ROOM, CITY HALL OCTOBER 3, 2005 6:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members Mable C. Smith (District 2); Darrell J. Haire (District 4); Lois Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8) Absent: Council Members James K. Keefe (District 1); Robert A. Massey, Jr. (District 3); Johnny Dawkins (District 9) Staff Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Doug Hewett, Strategic Initiatives and Corporate Communications Director Bobby Teague, Engineering and Infrastructure Director Jimmy Teal, Chief Planning Officer Jerome Brown, Transit Director Jason Brady, Governmental Affairs and Public Information Officer Jim Alexander, Assistant Inspections Director Captain Bill Simons, Police Assistant Chief Tom Bergamine, Police Frances Jackson, Transit Geoff Dalphonse, Assistant Transit Director Members of Press Others Present: Warran Coppenhager, Overlay District Subcommittee Leon Goldstien Marshall Isler, Downtown Development Corporation Mayor Pitts called the meeting to order at 6:00 p.m. 1. Approval of Agenda This being a work session, no motions were made. 2. Presentation by Overlay District Subcommittee. Mr. Jimmy Teal, Chief Planning Officer, and Mr. Warren Coppenhager of the Overlay District Subcommittee presented this item and explained the proposed overlay district. Council Members Haire, Kirby, Gonzalez, and Williams asked several questions regarding the gist of the overlay district. Mayor Pitts requested that staff bring back an infill ordinance, in addition to continuing work on the overlay district. 3. Discussion of transit services for Phase V area. Mr. Jerome Brown, Transit Director, presented a power point presentation on how to provide service to the Phase V area. Mr. Brown proposed using Option 1 which would include creating three zones that would be connected with an express bus and operated from 5:30 a.m. to 7:30 p.m. Mr. Brown proposed implementing Option 1 in the Ramsey Street area as a test. Council members asked questions on the logistics and on the funding source. Council directed staff to come back with information at the November work session on ridership, funding options, and fare information. 4. Discussion of animal control. City Manager Roger Stancil introduced this item and explained that animal control was a consolidated system and that members of the County had been unable to attend tonight’s meeting due to a conflict. He stated there were members present from the City Police and Inspections Departments who also had experience with animal control. Assistant Chief Tom Bergamine and Captain Bill Simons explained the Police Department’s experience in responding to animal control issues and Jim Alexander explained the Inspections Department’s role in responding to calls regarding sanitary conditions. Discussion was then held regarding whether the City’s ordinance should be revised consistent with the County’s ordinance to limit the number of dogs. Mayor Pitts recognized Mr. Leon Goldstien who provided Council with information related to the micro chipping process and other ordinance amendments he proposed. Mayor Pitts created an ad hoc committee to further study the animal control issue and appointed Juanita Gonzalez, D. J. Haire, Mable C. Smith, and Lois Kirby to the Committee. Committee members agreed to report back within 30 days. 5. Discussion of paving a portion of Morgan Lane. Mr. Bobby Teague, Engineering and Infrastructure Director, explained the history of Morgan Lane and further explained that his research indicated that Morgan Lane had been designated on the do-not pave list as previous information had indicated that paving the street would not address the drainage issues. Council Member Williams directed the staff to come up with a cost estimate with the residents paying 100 percent of the cost to pave Morgan Lane. 6. Closed session to discuss economic development project. The regular session recessed at 8:00 p.m. The regular session reconvened at 8:15 p.m. MOTION: Council Member Worthy moved to adjourn the meeting. SECOND: Council Member Smith VOTE: UNANIMOUS (7-0) The meeting adjourned at 8:15 p.m. REGULAR MEETING OCTOBER 10, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER OCTOBER 10, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Lisa Smith, Chief Financial Officer Jimmy Teal, Chief Planning Officer Jason Brady, Governmental Affairs and Public Information Director Karyn M. Brunson, Assistant City Attorney Adrianne Thomas, Parks and Recreation Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Stephanie Caldwell, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. Council Member Dawkins presented Reverend Stephanie Caldwell and her husband, Major General Bill Caldwell, with a City pin and City coin. Major Caldwell thanked the elected officials for their support to Fort Bragg and Pope Air Force Base. MAYOR’S ANNOUNCEMENTS: Council Member Haire announced that Fayetteville State University would be celebrating their Homecoming this weekend. He also announced that Fire Station 14 on Langdon Street would be holding their ribbon cutting ceremony on October 14, 2005. Council Member Gonzalez announced that the Ad Hoc Animal Control Committee would be holding their first meeting on October 19, 2005, at 4:00 p.m. and requested everyone attending to come with ideas. She also thanked the citizens who had made the money tree. Council Member Dawkins introduced his wife, Donna, and daughter, Joan Jillian Palmer-Dawkins. Council Member Keefe reminded everyone of the primaries. Special Events The Mayor and Council members reviewed the special events for the month of October 2005. Mayor Pitts presented a Proclamation in honor of Disability Awareness Month to Vincent Francis, President, and Nancy Szymkowiak, Executive Director, representatives from the Arc of Cumberland. 1. APPROVAL OF AGENDA Mr. Stancil requested to remove Items 2.F, 3.B, 3.C, 3.D., 3.E, and 3.F. from the agenda because of an advertising error. MOTION: Council Member Haire moved to approve the agenda with the exception of Items 2.F., 3.B, 3.C, 3.D., 3.E, and 3.F. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) 2. CONSENT: MOTION: Council Member Keefe moved to approve the consent agenda. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) The following items were approved: A. Approve minutes: 1. Regular meeting held on September 26, 2005. B. Approve the following financial matters: 1. Tax refunds in excess of $100.00. Name Year Basis City Refund Ameritech Credit Corp 2004 Corrected Assessment $304.99 Yarborough, Garris Neil 2004 Corrected Assessment 278.25 Total $583.24 2. Bid award for water main rehabilitation work to Heitkamp, Inc., low bidder, in the amount of $943,760.00. (PWC) Bids were received as follows: Heitkamp, Inc. (Watertown, CT) $943,760.00 Aqua-Rehab (USA) (Laval, Quebec, Canada) $1,037,382.00 J. Fletcher Creamer & Sons, Inc. (Hackensack, NJ) $1,197,390.00 3. NCDOT Aviation grants for the Fayetteville Regional Airport: a. Adopt resolution and Capital Project Ordinance 2006-1 (Security Camera installation and system upgrade). RESOLUTION. RESOLUTION NO. R2005-065. b. Adopt resolution and Capital Project Ordinance 2006-2 (Runway 4/22 centerline painting). RESOLUTION. RESOLUTION NO. R2005-066. C. Interlocal Agreement with Cumberland County, Fort Bragg, Pope Air Force Base, Cumberland County Board of Education, and Fayetteville Technical Community College to develop an Education Channel Access Plan with Time Warner Entertainment-Advance/Newhouse Partnership. D. Approve the initial zoning for the parcel located at the corner of Raeford Road and Hoke Loop Road from C(P) Commercial District, O&I District, R5A Residential District, and R10 Residential District to C1P Commercial District, P2 Professional District, R5A Residential District, and R10 Residential District. Containing 186.35 acres more or less and being the property of Elmwood Partners, LLC. Case No. P04-18F. E. The following properties are found to contribute to blight in the neighborhood. After notice to the owners and their failure to repair or demolish the properties themselves, this action authorizes the City to demolish the property and place a lien against the property for the cost of that action. 1. 3419 Gardner Street (2 mobile homes) (PIN 0428-39-5431); Larry M. Mangum and Viola L. Mangum AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-013. 2. 226 Nimocks Avenue (PIN 0437-61-7743); Doretha M. Thompson AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-014. 3. 1905 Sapona Road (PIN 0446-78-1986); Deutsche Bank National Trust Company AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS2005-015. F. Adopt resolution supporting roadway improvements and the removal of parking on Russell Street and an ordinance amending Chapter 16 of the Code of Ordinances. This item was removed from the agenda. G. Adopt resolution approving a Municipal Agreement with the Department of Transportation to have all City-maintained bridges inspected. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R2005-067. H. Adopt an ordinance amending Chapter 16 of the Code of Ordinances with the addition of six (6) stop intersections. AN ORDINANCE AMENDING CHAPTER 16, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 6 – STOP INTERSECTIONS). ORDINANCE NO. NS2005-016. I. Approval of five (5) Municipal Agreements with the Department of Transportation for railroad crossing improvements. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R2005-068. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R2005-069. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R2005-070. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R2005-071. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R2005-072. 3. PUBLIC HEARINGS: A. Consider the rezoning from R5 Residential District to C1 Commercial District or to a more restrictive zoning classification for property located at 117 B Street. Containing 0.37 acres more or less and being the property of Clayton Britt as evidenced by deed recorded in Deed Book 4250, pages 192 and 193, Cumberland County Registry. Case No. P05-34F. Mr. Jimmy Teal, Chief Planning Officer, presented this item giving an overview of the surrounding land uses and the 2010 Land Use Plan, which would call for open space in the area. He reported that the Zoning Commission recommended approval of the rezoning and the Planning staff recommended denial. This is the advertised public hearing set for this date and time. The public hearing opened at 7:35 p.m. Mr. Kenneth C. Lancaster, Jr., 2413 Robeson Street, Fayetteville, NC, appeared in favor of the rezoning. He stated the rezoning would allow the building of a plasma center, which would create jobs and provide money to the people donating plasma. Mr. Tom Shumaker, 1128 Main Street, Cincinnati, OH, appeared in favor of the rezoning. Mr. Billy Burnett, 13132 Sargas Street, Raleigh, NC, stated that Second Baptist Church was in favor of the rezoning. Mr. Marshall Isler, 309 E. Loch Haven Drive, Fayetteville, NC, appeared in opposition to the rezoning. He expressed concerns that it would conflict with plans for the downtown area. On rebuttal, Mr. Lancaster stated he felt this rezoning would improve the community. There was no one further to speak and the public hearing closed at 7:51 p.m. Discussion ensued on the pros and cons of the rezoning. MOTION: Council Member Dawkins moved to approve the rezoning. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) B. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation by Christopher and Amy Campbell (Located at 112 Trailwood Drive). This item was removed from the agenda. C. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated noncontiguous annexation by William and Rosalie Crowe (Located at the southeast corner of Veda and Natal Streets). This item was removed from the agenda. D. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated noncontiguous annexation by Mark Norton (Located at the intersection of Sandy Valley Road and West Mountain Drive). This item was removed from the agenda. E. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation by Brolanco Corporation (Fairfield Farms, Section 3 - Located at the western end of Summerchase Drive west of Ramsey Street). This item was removed from the agenda. F. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation by Broadwell-Weber Investments (Greystone Farms, Section 4 - Located on the northern side of Summerchase Drive east of Ramsey Street). This item was removed from the agenda. 4. Consider appointing two citizens to Steering Committee for the 10-Year Plan to End Homelessness. Ms. Helen Pierce was nominated by Council Member Haire. Dr. Paula Quick was nominated by Council Member Massey. Council Member Gonzalez inquired if names could be brought to the next meeting if the nominees did not accept. Mayor Pitts responded in the affirmative. 5. Consider items for referral to the City-County Liaison Committee: A. Discussion on the allocation and funding of regional transportation in Cumberland County (tabled from July 28 Liaison meeting) (referred by Mayor Pitts). B. Discussion on joint planning (referred by the Committee at the July 28 Liaison meeting). C. Elimination of the Duplication of Services between the City and County. (Referred by Commissioner Breeden Blackwell) City Manager Roger Stancil presented this item. MOTION: Council Member Keefe moved to approve. SECOND: Mayor Pro Tem Kirby VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez) FRIENDLY AMENDMENT: Council Member Williams requested to add discussion on metro government to Item 5. Council Member Keefe did not accept the amendment. 6. Consider the following items for the Tuesday, October 25, 2005, joint meeting with Cumberland County Commissioners (Joint Meeting to be held at Hospitality Suite at the Crown Coliseum, 8:00 a.m.). Items submitted by County Commissioners: · Presentation of a report on Youth Sports Tourism by J. D. Daniels. · Update on Senior Citizens Survey. · Discussion: Joint Planning beyond the 2030 Plan. · Discussion: Role of PWC and City in requiring annexation petitions in order to extend water and sewer into the County. · Discussion: Study to end duplication of services between the City and the County. · Discussion regarding encouragement of Infill Development. Suggested items: · Discussion of animal control. · Discussion of extra territorial jurisdiction and municipal influence area. City Manager Roger Stancil presented this item. MOTION: Council Member Williams moved to approve Item 6 and add discussion of metro government. SECOND: Council Member Keefe Discussion ensued on the proposed agenda items. Council Member Williams withdrew his motion. MOTION: Council Member Smith moved to add extra territorial jurisdiction, municipal influence, and metro government to Item 6. SECOND: Council Member Haire VOTE: UNANIMOUS (10-0) 7. Consider designation of Voting Delegate and Alternate for National League of Cities’ Annual Business Meeting held during Congress of Cities Conference in Charlotte, NC, December 2005. (Attendees: Mayor Marshall Pitts, Jr., Council Members Darrell J. Haire and Paul Williams, City Manager, City Attorney) MOTION: Council Member Keefe moved to designate Mayor Pitts as the voting delegate and Council Member Haire as the alternate. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) 8. Request by Council Member Paul Williams for the City Council to stop using the 2010 plan for our City's land use guide. Council Member Williams presented this item and stated he felt consideration should be made to stop using the 2010 plan for the land use guide. He stated they should not have two plans to look at. He stated the 2010 Land Use Plan was a map and one was a book. He stated that after his first review of the book he was more informed on the plan. MOTION: Council Member Williams moved to stop using the 2010 Land Use Plan until the Planning Board had a chance to review it and make it current and to place the information on the website. SECOND: Council Member Haire VOTE: FAILED by a vote of 9 in opposition to 1 in favor (Council Member Williams) 9. APPOINTMENTS: NOMINATIONS – Second Week October Vacancies HISTORIC RESOURCES COMMISSION - 5 vacancies - 3 At-Large members (1 Category 1 (Architect) member, 1 Category 2 (Historic preservationists, or cultural or social historian) member) Ms. Edith Bickler was nominated by Council Member Keefe for the at-large vacancy. Ms. Wanda Hunter was nominated by Council Member Gonzalez for the Category 2 vacancy. Ms. Katherine Marable was nominated by Council Member Gonzalez for the at-large vacancy. Council Member Gonzalez requested that the Mayor ask the Historic Resources Commission to make recommendations for specific categories. WRECKER REVIEW BOARD – 1 vacancy – A disinterested person who is not a licensee, wrecker owner, or operator, or a City employee to serve as Chairman. No nominations were made. INFORMATION ITEMS: 1. Copy of commitment letter from Community Development Director to Director of Educational Opportunity Centers Program at FSU for services at the City’s Neighborhood Resource Centers. MOTION: Council Member Keefe moved to adjourn the meeting. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) The meeting adjourned at 9:10 p.m. REGULAR MEETING OCTOBER 24, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER OCTOBER 24, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Paul Williams (District 6); Curtis Worthy (District 7) (arrived at 7:40 p.m.); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Absent: Lois A. Kirby (District 5) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Kyle Sonnenberg, Assistant City Manager Doug Hewett, Strategic Initiatives and Corporate Communications Director Jimmy Teal, Chief Planning Officer Ron McElrath, Human Relations Director Karyn M. Brunson, Assistant City Attorney Terri Union, Public Works Commission Mike Lallier, Public Works Commission Steve Blanchard, PWC General Manager James Rose, Chief Administrative Officer Mick Noland, Chief Officer – Water Resources Dwight Miller, Chief Financial Officer Rhonda Hankins, Public Works Commission Louis Callozo, Human Relations Gary Belton, Human Relations Jason Brady, Governmental Affairs and Public Information Director Adrianne Thomas, Parks and Recreation Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Dr. Brian Gentle, Haymount United Methodist Church, followed by Cub Scout Troop 705 and Boy Scout Troop 747 leading in the Pledge of Allegiance to the American Flag. Council Member Dawkins presented Dr. Brian Gentle with a City pin and City coin. MAYOR’S ANNOUNCEMENTS: Council Member Keefe announced the passing of Mr. Bob Holbrook. He stated Mr. Holbrook had been a great citizen, a former special forces officer, a Fayetteville business man, and an advocate for the citizens. Council Member Dawkins announced there would be a change in the scheduled debates. He stated that Tuesday night would be Districts 1, 3, 4, and 7 and Thursday night would be Districts 2, 5, 6, and 9. Council Member Haire announced there would be a ribbon cutting ceremony for the Westover Park and Recreation Center on October 26, 2005. Special Events: The Mayor and Council members reviewed the special events for the months of October and November 2005. Mayor Pitts made the following announcements: · Donations from the Annual Mayors Metric Century Ride had been donated to the American Red Cross to assist the victims of Hurricane Katrina. · Fayetteville-Cumberland Human Relations Commission’s Faith Dialogue Committee would be holding its annual Feed Fayetteville Day on October 25, 2005. · Recycling kickoff would be held on October 31, 2005, at Honeycutt Park. · Fire Station 14 would be holding its ribbon cutting ceremony on November 1, 2005. · Dedication of the Festival Park Gateway Fountain would be held on November 3, 2005. Mayor Pitts announced the winners of the drawing contest during Race Equality Week September 26-30, 2005, for Grades K-5: Ms. Sarah Temple, third place; Ms. Emily Fryer, second place; and Mr. Uriah Smith, first place. 1. APPROVAL OF AGENDA MOTION: Council Member Smith moved to approve the agenda. SECOND: Council Member Massey City Attorney Karen McDonald requested to remove Racefan Road from the street listing on Item 3.C. on page 28; remove the words “and temporary construction easement” from Item 3.D. on page 4; add Item 3.H., approve sign permit for Holly Day Fair during the first week of November; and add Item 13, a closed session for consultation with attorney to preserve the attorney-client privilege. AMENDED MOTION: Council Member Keefe moved to approve the changes and additions. SECOND: Council Member Massey VOTE: UNANIMOUS (8-0) 2. PUBLIC FORUM: Mr. David Alford, 2348 Spindletree, Fayetteville, NC, spoke regarding vandalism and trespassing on his rental property and in his neighborhood. Mr. Eddie Hollingsworth, 336 Summerhill Road, Fayetteville, NC, spoke on the issue of backyard breeders. Council Member Worthy arrived at 7:40 p.m. Mr. Chris North, 902 Penwall Court, Fayetteville, NC, spoke regarding animal control and his concerns on backyard breeding. Mr. Jeff Light, 1850 Ashton Road, Fayetteville, NC, spoke regarding drugs, crime, vandalism, and threats in his neighborhood. Reverend Floyd W. Johnson, 716 Amber Drive, Fayetteville, NC, spoke regarding the proposed change to the ordinance on pushcart vendors and stated he felt it was unfair. Ms. Elaine Murry, P.O. Box 58172, Fayetteville, NC, spoke regarding unfair treatment by the Cumberland County Business Council regarding the 300 Block Hay Street Project. Mr. Eronomy Muhammed, 2700 Murchison Road, Fayetteville, NC, spoke regarding a skateboard park, opportunities for everyone in downtown Fayetteville, a stoplight at the corner of Murchison Road and W.T. Brown Street, and community meetings. Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, expressed concerns with problems with dogs and cats and downtown. Ms. Karalee Plummer, 6864 Winchester Street, Fayetteville, NC, spoke regarding the money the City spent on the information bags for citizens in west Fayetteville when she felt the money could have gone to the Transit system. Mr. Michael Cundiff, P.O. Box 1407, Fayetteville, NC, expressed concerns with the FAST system and stated that decent shelters were needed and the buses needed to run on time and longer. 3. CONSENT: MOTION: Council Member Worthy moved to approve the consent agenda. SECOND: Council Member Dawkins Council Member Keefe requested to pull Item 3.B.3. for discussion. Council Member Smith requested to pull Item 3.D. for discussion. AMENDED MOTION: Council Member Worthy moved to approve the consent agenda with the exception of Items 3.B.3. and 3.D. SECOND: Council Member Dawkins VOTE: UNANIMOUS (9-0) The following items were approved: A. Approve minutes 1. Council work session held on October 3, 2005. B. Approve the following financial matters: 1. Capital Project Ordinance Closeout 2006-1 (Federal Transportation Administration FY1999 Capital Grant). This grant was used to purchase a replacement bus and other capital items. The project revenues and expenditures have been audited and this action will close the capital project. 2. Special Revenue Project Ordinance Closeout 2006-1 (Federal Transportation Administration FY 2002 Planning Grant). This grant was used to fund various planning activities performed by the Transit Department. The project revenues and expenditures have been audited and this action will close the capital project. 3. Pulled for discussion by Council Member Keefe. 4. Bid award for construction of Calico Lift Station to Colt Contracting Company, lowest responsible bidder, in the amount of $324,625.00. (PWC) Bids were received as follows: Colt Contracting Company (Clinton, NC) $324,625.00 Dellinger, Inc. (Monroe, NC) $458,777.00 Paul Howard Construction (Greensboro, NC) $583,545.00 5. Authorize Mayor to execute Amendment to Kelly Hills Sanitary Sewer Service Agreement. C. Approve addition of certain streets to the City of Fayetteville system of streets. D. Pulled for discussion by Council Member Smith. E. Accept an offer received from The Fayetteville Area Habitat for Humanity to purchase four vacant city lots. F. Approve sign permit for 3rd Annual Pet Walk & Howl-O-Ween Festival on October 29, 2005, at Mazarick Park. G. Cancel December 26, 2005, City Council meeting due to holiday season. H. Approve sign permit for Holly Day Fair during first week of November. B.3. Resolution authorizing electronic advertisement of bids. Council Member Keefe pulled this item for discussion and stated he wanted to make sure that disadvantaged, minority-owned, or any other businesses that wanted to do business with the City of Fayetteville were on the bid list. RESOLUTION AUTHORIZING ELECTRONIC ADVERTISEMENT OF BIDS. RESOLUTION NO. R2005-073. MOTION: Council Member Keefe moved to adopt the resolution. SECOND: Council Member Dawkins VOTE: UNANIMOUS (9-0) D. Adopt resolution authorizing condemnation action to obtain right-of-way to pave the soil portion of Barges Lane. Council Member Smith pulled this item for discussion and requested that the City Attorney or City Manager give background information. City Attorney Karen McDonald responded that this item was for adoption of the resolution. She stated the property in question had 11 heirs and they had not been able to obtain the signatures of 3 of those heirs. She stated that right-of-way was also needed from Cedar Creek Crossing West and they had not been able to come to an agreement. She stated they were asking that Council give authority to proceed with condemnation proceedings if they were not able to come to an agreement so that they could proceed with paving Barges Lane. STATE OF NORTH CAROLINA, COUNTY OF CUMBERLAND, CITY OF FAYETTEVILLE. RESOLUTION NO. R2005-074. MOTION: Council Member Smith moved to adopt the resolution. SECOND: Council Member Keefe VOTE: UNANIMOUS (9-0) 4. PUBLIC HEARINGS: A. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation by Christopher and Amy Campbell (Located at 112 Trailwood Drive). Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated the Campbells were requesting annexation to obtain water and sewer service. He stated staff’s recommendation had been adoption of the ordinance effective November 9, 2005. He stated City departments had reviewed this request and would be able to provide the service within their existing budget. This is the advertised public hearing set for this date and time. There being no one to speak, the public hearing opened and closed at 8:20 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (CAMPBELL PROPERTY – LOCATED AT 112 TRAILWOOD DRIVE). ANNEXATION ORDINANCE NO. 2005-10-484. MOTION: Council Member Haire moved to adopt the annexation ordinance with an effective date of November 9, 2005. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) B. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated noncontiguous annexation by William and Rosalie Crowe (Located at the southeast corner of Veda and Natal Streets). Mr. Jimmy Teal, Chief Planning Officer, presented this item showing site photographs, which included an adult day care on the property. He stated the Crowes were requesting annexation to obtain water and sewer service. He stated staff’s recommendation had been adoption of the ordinance effective October 24, 2005. He stated City departments had reviewed this request and would be able to provide the service within their existing budget. This is the advertised public hearing set for this date and time. The public hearing opened at 8:25 p.m. Ms. Rosa Crowe, 3342 Davidson Drive, Fayetteville, NC, appeared in opposition to the annexation. She stated they had not wanted to petition for the annexation but had been told it was the only way they could receive water and sewer. Mr. William Crowe, 3342 Davidson Drive, Fayetteville, NC, appeared in opposition to the annexation. He stated they were not asking for any special consideration and would like to be annexed with everybody else at the same time. There was no one further to speak and the public hearing closed at 8:29 p.m. Council Member Williams inquired of Mr. and Mrs. Crowe if they were requesting Council to deny the annexation petition. Mr. Crowe responded in the affirmative. Council Member Williams inquired if being in the City limits would create an undue financial hardship on the business. Mrs. Crowe responded that they were a new business with no participants and it could possibly be a hardship. Council Member Haire inquired that if buildings and businesses surrounding this project already had water and sewer, why would this project need an annexation petition. Mr. Stancil responded that by policy, a request for extension of the City’s water and sewer requires a petition being signed for annexation in order to receive the water and sewer. He further stated his assumption would be that the other businesses in the area were built and started when the City did not have the policy. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (CROWE PROPERTY – LOCATED ON THE SOUTHEAST CORNER OF VEDA AND NATAL STREETS). ANNEXATION ORDINANCE NO. 2005-10-485. MOTION: Council Member Worthy moved to adopt the annexation ordinance consistent with Council’s policy with an effective date of January 1, 2006. SECOND: Council Member Keefe VOTE: UNANIMOUS (9-0) C. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated noncontiguous annexation by Mark Norton (Located at the intersection of Sandy Valley Road and West Mountain Drive). Mr. Jimmy Teal, Chief Planning Officer, presented this item. He stated Mr. Norton, of Norton Towing Service, had requested annexation so that he would be able to participate on the City’s wrecker rotation list. He stated City departments had reviewed this request and would be able to provide the service within their existing budget. He stated staff’s recommendation was adoption of the ordinance effective October 24, 2005. This is the advertised public hearing set for this date and time. The public hearing opened at 8:35 p.m. Mr. Thomas Parent, 603 Dandridge Drive, Fayetteville, NC, appeared in opposition to the annexation. He stated annexation for a business wanting to do business within the City was unfair to those that were already in the City doing that same service. There was no one further to speak and the public hearing closed at 8:38 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (NORTON PROPERTY - LOCATED ON THE CORNER OF SANDY VALLEY ROAD AND WEST MOUNTAIN DRIVE). ANNEXATION ORDINANCE NO. 2005-10-486. MOTION: Council Member Williams moved to adopt the annexation ordinance with an effective date of October 24, 2005. SECOND: Council Member Worthy FRIENDLY AMENDMENT: Council Member Massey made a friendly amendment that Mr. Norton be required to obtain the necessary City license and fees to operate the wrecker service within the City. Council Member Williams did not accept the friendly amendment. VOTE: UNANIMOUS (9-0) D. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation by Brolanco Corporation (Fairfield Farms, Section 3 - Located at the western end of Summerchase Drive west of Ramsey Street). Mr. Jimmy Teal, Chief Planning Officer, presented this item showing site photographs. He stated they had a subdivision plan that had been approved by the County to construct 34 houses in the area and they had requested PWC water and sewer and following the policy they had petitioned for annexation. He stated the City departments had reviewed this request and recommended adoption of the ordinance effective October 24, 2005. This is the advertised public hearing set for this date and time. There being no one to speak, the public hearing opened and closed at 8:40 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (FAIRFIELD FARMS, SECTION 3 – LOCATED ON THE WESTERN END OF SUMMERCHASE DRIVE, WEST OF RAMSEY STREET). ANNEXATION ORDINANCE NO. 2005-10-487. MOTION: Council Member Keefe moved to adopt the annexation ordinance with an effective date of October 24, 2005. SECOND: Council Member Worthy VOTE: UNANIMOUS (9-0) E. Consider extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation by Broadwell-Weber Investments (Greystone Farms, Section 4 - Located on the northern side of Summerchase Drive east of Ramsey Street). Mr. Jimmy Teal, Chief Planning Officer, presented this item showing site photographs. He stated this was an extension of a new section of Greystone Farms and a subdivision plan had been approved by the County to construct 29 homes. He stated they were requesting PWC water and sewer. He stated the City departments had reviewed this request and recommended adoption of the ordinance effective October 24, 2005. This is the advertised public hearing set for this date and time. There being no one to speak, the public hearing opened and closed at 8:42 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (GREYSTONE FARMS, SECTION 4 – LOCATED ON THE NORTHERN SIDE OF SUMMERCHASE DRIVE, EAST OF RAMSEY STREET). ANNEXATION ORDINANCE NO. 2005-10-488. MOTION: Council Member Keefe moved to adopt the annexation ordinance with an effective date of October 24, 2005. SECOND: Council Member Smith VOTE: UNANIMOUS (9-0) F. Consider request to amend the Lake Shores' Planned Neighborhood District development plan by eliminating the designated commercial use of 2.48 acres and replacing it with residential use based upon R5A residential standards. Mr. Jimmy Teal, Chief Planning Officer, presented this item showing site photographs. He stated the owner was requesting 2.48 acres of land being changed from commercial to residential under R5A development standards in the Lake Shores' Planned Neighborhood District plan. He stated staff’s recommendation was to change the designation from C1P to R5A. Discussion ensued on the type of development that could be built on the property, the different zones in the area, and the egress and ingress of traffic. This is the advertised public hearing set for this date and time. The public hearing opened at 8:55 p.m. Mr. Sean Seever, 3698 Johnson Mill Road, Fayetteville, NC, appeared in favor of the rezoning and stated that he was working with the owner in the development of the property. There was no one further to speak and the public hearing closed at 8:57 p.m. ORIGINAL MOTION: Council Member Williams moved to approve the rezoning. SECOND: Council Member Worthy SUBSTITUTE MOTION: Council Member Gonzalez moved to delay this item until the next meeting until Council members had a chance to drive through the area. The substitute motion died due to lack of a second. ORIGINAL MOTION VOTE: FAILED by a vote of 4 in favor (Council Members Worthy, Dawkins, Smith, Williams) to 5 in opposition (Council Members Haire, Pitts, Keefe, Massey, and Gonzalez) MOTION: Council Member Keefe moved to rezone the property to R10. SECOND: Council Member Gonzalez VOTE: PASSED by a vote of 7 in favor to 2 in opposition (Council Members Williams and Dawkins) 5. Consider a request from HCC Investments to use an entrance off of Bibar Road for the Sheffield Condominium Complex. Mr. Jimmy Teal, Chief Planning Officer, presented this item showing site photographs. He stated HCC Investments, owner of Sheffield Condominium Complex, had requested the use of Bibar Road driveway as a full-use access driveway. He stated the Engineering Department’s Traffic Services Division had reviewed this request and recommended approval. MOTION: Council Member Williams moved to approve. SECOND: Council Member Dawkins Discussion ensued on the location of the egress and ingress of traffic. VOTE: PASSED by a vote of 5 in favor to 4 in opposition (Council Members Keefe, Pitts, Haire, and Gonzalez) 6. Consider adopting the following resolutions A. Resolution approving the Financing Team for, and making the findings and determinations required by the North Carolina Local Government Commission with respect to, the issuance of Public Works Commission Revenue Notes, Series 2005, of said City, and requesting the North Carolina Local Government Commission to sell said notes by negotiated sale. B. Resolution authorizing and securing City of Fayetteville, North Carolina, Public Works Commission Revenue Notes, Series 2005. Mr. Steve Blanchard, PWC General Manager, presented this item. He stated a correction had been made to change the word “bonds” to “notes” on the resolution. Mr. Dwight Miller, PWC Chief Financial Officer, presented a summary of the market energy, usage, and increased costs. He stated this proposal would be a prepayment agreement with Progress Energy Carolinas, Inc., which would reduce operating costs. He stated the PWC Commission had approved the findings of fact and recommended the Financing Team. Following Mr. Miller’s presentation, there was a question and answer session. Several Council members expressed displeasure with being asked to make this decision on short notice. Council Member Worthy inquired why an RFP was not put out for the Bond Counsel, Underwriters, and Financing Team. Mr. Blanchard responded the Financing Team that was recommended was the team Council has used for a number of years. RESOLUTION APPROVING THE FINANCING TEAM FOR, AND MAKING THE FINDINGS AND DETERMINATIONS REQUIRED BY THE NORTH CAROLINA LOCAL GOVERNMENT COMMISSION WITH RESPECT TO, THE ISSUANCE OF PUBLIC WORKS COMMISSION REVENUE NOTES, SERIES 2005, OF SAID CITY, AND REQUESTING THE NORTH CAROLINA LOCAL GOVERNMENT COMMISSION TO SELL SAID NOTES BY NEGOTIATED SALE. RESOLUTION NO. R2005-075. RESOLUTION AUTHORIZING AND APPROVING THE ISSUANCE AND SALE UNDER THE PROVISIONS OF CHAPTER 159B OF THE GENERAL STATUTES OF NORTH CAROLINA AND THE STATE AND LOCAL GOVERNMENT REVENUE BOND ACT, AS AMENDED, OF CITY OF FAYETTEVILLE, NORTH CAROLINA, PUBLIC WORKS COMMISSION REVENUE NOTES, SERIES 2005 IN THE AGGREGATE PRINCIPAL AMOUNT REQUIRED TO PROVIDE FUNDS TO PREPAY AT A DISCOUNT OF APPROXIMATELY TEN PERCENT THE ESTIMATED CAPACITY AND ENERGY CHARGES OTHERWISE PAYABLE FOR WHOLESALE BULK POWER SUPPLY FOR AN ESTIMATED TWENTY-FOUR MONTHS AND DIRECTING THE AUTHENTICATION AND DELIVERY OF THE SERIES 2005 NOTES TO THE UNDERWRITER. RESOLUTION NO. R2005-076. MOTION: Council Member Keefe moved to adopt the resolutions. SECOND: Council Member Williams VOTE: PASSED by a vote of 7 in favor to 2 in opposition (Council Members Haire and Smith) 7. Strategic Plan Update: 1st Quarter, FY 2005-06. MOTION: Council Member Smith moved to defer this item to the next meeting. SECOND: Council Member Dawkins VOTE: UNANIMOUS (9-0) 8. Report from Development Committee. Council Member Worthy, Chairman, presented this item. He stated the Committee passed a motion to follow the recommendation of staff, which would include the proposed fee of $175.00, with the exception of the provision which would require the sponsoring restaurant to be in the City of Fayetteville. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING ARTICLE IV, CORE DOWNTOWN AREA, OF CHAPTER 24, STREETS AND SIDEWALKS, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S2005-001. MOTION: Council Member Worthy moved to follow the recommendation of City staff, which would include the proposed fee of $175.00, with the exception of the provision which would require sponsorship of pushcarts be in the City of Fayetteville but be connected with a restaurant within the County of Cumberland. SECOND: Council Member Smith Council Member Williams inquired if the $175.00 fee would only apply to pushcarts in downtown. Council Member Worthy replied in the affirmative. Discussion ensued on the proposed fee and whom it would apply to. VOTE: PASSED by a vote of 7 in favor to 2 in opposition (Council Members Williams and Haire) 9. Consideration by Council to adopt a resolution stating our support to lobby the General Assembly to pass a law that would allow Fayetteville and Cumberland County to have one election to replace both governing bodies. The new governing body would replace the Fayetteville City Council and Cumberland County Commissioners. Council Member Williams presented this item and stated he had brought this item before Council because they were trying to merge City and County services from the bottom up. MOTION: Council Member Williams moved that as a Council they consider to adopt a resolution stating our support to lobby the General Assembly to pass a law that would allow Fayetteville and Cumberland County to have one election to replace both governing bodies. The new governing body would replace the Fayetteville City Council and County Commissioners. The new metro government would be responsible for all decisions previously made by each of those bodies. Details of an election for metro government to be worked out by both bodies only if both bodies agreed to the resolution to merge. The motion died due to lack of a second. MOTION: Council Member Gonzalez moved to put this on the agenda for tomorrow morning’s breakfast with County Commissioners and discuss it with them. The motion died due to lack of a second. MOTION: Council Member Gonzalez moved to put the discussion of metro government on the next quarterly City-County Liaison Committee meeting agenda. SECOND: Council Member Dawkins VOTE: PASSED by a vote of 7 in favor to 2 in opposition (Council Members Williams and Keefe) 10. Consider discussion on lifting the moratorium on adding anymore backyard garbage pick-up. Council Member Williams presented this item and stated back in December of 2002 a moratorium had been put in place to not allow anymore of our citizens to take advantage of our $26.00 backyard pick-up. He stated he would like to make a motion that they open it up to all citizens for the $26.00 and would be interested in a friendly amendment to change it to what the Sanitation Department suggested back then, which had been $200.00. He stated the handicapped and psychically disabled should not pay this charge. MOTION: Council Member Williams moved to lift the moratorium and allow for backyard pick-up to continue for everyone but the fee be set at $200.00 per year to begin the next fiscal year. SECOND: Council Member Worthy City Manager Roger Stancil stated that there was no charge for the handicapped and that there were currently 528 people that the City provided that service for free. He stated in 2002 the recommended cost was $104.00 and would like to come back to Council with an update on this figure. FRIENDLY AMENDMENT: Council Member Dawkins made a friendly amendment to give Mr. Stancil 60 days to determine what the true cost would be. Council Member Williams accepted the friendly amendment. VOTE: UNANIMOUS (9-0) 11. BOARDS AND COMMISSIONS: APPOINTMENTS HISTORIC RESOURCES COMMISSION - 5 vacancies At-Large (Category 6) Ms. Odessa Dennis, Ms. Edith Bigler, and Ms. Katherine Marable were appointed to a first term. Architect (Category 1) No nominations/appointment were made. City Attorney Karen McDonald stated that Mr. Jimmy Teal, staff liaison for this Commission, was going to check with the Commission on a recommendation and as of yet had not brought back a name. Historic Preservationists, or Cultural or Social Historian (Category 2) No appointment was made. WRECKER REVIEW BOARD No nominations/appointment were made. INFORMATION – No Action Needed JOINT CITY AND COUNTY SENIOR CITIZENS ADVISORY COMMISSION – 3 vacancies FAIR HOUSING BOARD – 3 vacancies (1 At-Large, 1 Attorney, 1 Real Estate) BOARD OF ADJUSTMENT – 1 Alternate vacancy 12. ADMINISTRATIVE REPORTS A. Update on costs for realigning Castle Rising Road. City Manager Roger Stancil presented this item and gave an update on the costs and stated the right-of-way estimate would be $50,000.00 and the construction estimate would be $200,000.00 for a total of $250,000.00. 13. Closed session for consultation with attorney to preserve the attorney-client privilege. MOTION: Council Member Keefe moved to go into closed session. SECOND: Council Member Smith VOTE: UNANIMOUS (9-0) The regular session recessed at 11:12 p.m. The regular session reconvened at 11:25 p.m. INFORMATION ITEMS: 1. Update on appointments to 10-Year Plan to End Chronic Homelessness. 2. Statement of taxes collected for the month of September 2005 from the Cumberland County Tax Administrator. 2005 Taxes $444,964.26 2005 Vehicle Taxes 261,851.18 2005 Revit 158.24 2005 Vehicle Revit 402.18 2005 FVT 29,593.39 2005 Storm Water 25,308.41 2004 Taxes 48,800.88 2004 Vehicle Taxes 56,513.87 2004 Revit 0.00 2004 Vehicle Revit 16.25 2004 FVT 7,678.60 2004 Storm Water 4,346.90 2003 Taxes 9,955.47 2003 Vehicle Taxes 2,695.99 2003 Revit 0.00 2003 Vehicle Revit 0.00 2003 FVT 557.29 2003 Storm Water 1,048.77 2002 Taxes 3,511.69 2002 Vehicle Taxes 1,157.70 2002 Revit 0.00 2002 Vehicle Revit 2.81 2002 FVT 265.41 2002 Storm Water 566.62 2001 and Prior Taxes 1,626.96 2001 and Prior Vehicle Taxes 3,060.49 2001 and Prior Revit 1.01 2001 and Prior Vehicle Revit 0.00 2001 and Prior FVT 537.45 2001 and Prior Storm Water 569.74 Interest 15,033.25 Interest (Revit) 3.92 Interest (Storm Water) 877.42 Fayetteville Discount (Current) 0.00 Fayetteville Discount (Revit) 0.00 Total Collections $921,106.15 3. List of surplus items sold during FY 2004-05. 4. Police Department – report for September 2005 from the Office of Professional Standards. 5. Parks and Recreation Advisory Commission – minutes of September 12, 2005. MOTION: Council Member Dawkins moved to adjourn the meeting. SECOND: Council Member Smith VOTE: UNANIMOUS (9-0) The meeting adjourned at 11:25 p.m. SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS OCTOBER 25, 2005 FAYETTEVILLE CITY COUNCIL/CUMBERLAND COUNTY BOARD OF COMMISSIONERS SPECIAL JOINT MEETING CROWN CENTER, HOSPITALITY SUITE 1960 COLISEUM DRIVE OCTOBER 25, 2005 8:00 A.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Darrell J. Haire (District 4); Paul Williams (District 6); Johnny Dawkins (District 9) Commissioners John T. Henley, Jr., Chairman; Billy R. King, Vice Chairman; Talmage S. Baggett, Jr.; Kenneth S. Edge; J. Breeden Blackwell; Jeannette M. Council; Diane Wheatley Absent: Council Members Robert A. Massey, Jr. (District 3); Lois A. Kirby (District 5); Curtis Worthy (District 7); Juanita Gonzalez (District 8) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Stanley Victrum, Assistant City Manager Robert Barefoot, Parks and Recreation Director Larry Philpott, Planning and Development Manager Jason Brady, Governmental Affairs and Public Information Director James Martin, County Manager Juanita Pilgrim, Deputy County Manager Grainger Barrett, County Attorney Amy Cannon, Assistant County Manager Cliff Spiller, Assistant County Manager Nancy Roy, County Planning Director Tom Lloyd, Deputy Planning/Inspections Director Marsha Fogle, County Clerk Members of the Press Mayor Pitts and Chairman Henley called the meeting to order. The following items were presented: 1. Presentation of a report on Youth Sports Tourism – J. D. Daniels. This item was deferred until Mr. Daniels arrived. Mr. J. D. Daniels, president of USA Partners, presented this item and reported that the analysis and funding plan to help develop, upgrade, and market Fayetteville/Cumberland County to attract major youth-related tournaments and special events had been completed. He stated Fayetteville/Cumberland County was one of five locations for which a strategic plan had been developed to develop a major modern USA youth sports complex along the eastern seaboard. He stated the Jordan Soccer Complex and other facilities (Reid Ross High School) would participate in the $20 million, five-site funding plan in partner with the Foundation of the National Institutes of Health. He advised the boards that he could match up to $500,000.00 at this time if the City and County could come up with its share of the match. He stated that initially the match had been $125,000.00 for the City and County. He stated that USA Partners would be able to secure federal grants to help fund the programs. He stated in the short term, USA Partners would want to complete the funding and have the five East Coast destinations operating for the 2006 season. He stated it would host a variety of federal pilot programs providing mentoring services for physically handicapped, youth obesity, and anti-gang activities. He stated that he believed participation in these pilot programs would help each destination to be ideally positioned for discretionary federal grants in future years. Mr. Daniels stated the funding provided by the County and City of Fayetteville would be used to upgrade the facilities at the Jordan Soccer Complex and Reid Ross High School. He stated he would want a ten-year plus lease agreement on the Jordan Complex. He stated the City and the County would receive a user fee based on revenues generated by the USA tournaments and the City would have use of the facilities during non-tournament scheduling. He stated that USA Partners had raised $12 million of the $20 million overall goal to develop the first five modern sports facilities. He stated the Fayetteville-Cumberland County area was chosen because of its proximity to Fort Bragg and because it was the mid-point from the northeast and southeast. He stated the cost of a package for a family to participate in a youth sports event would be one-half the cost of traveling to Florida. Chairman Henley urged the City of Fayetteville to move forward expeditiously in working out the details in getting the Jordan facility into the Parks and Recreation Department. Commissioner Wheatley stated she would like some more information on how the funds would be expended prior to the Board’s approval to spend another $250,000.00. Chairman Henley suggested staff provide the two boards with information on how the initial $90,000.00 was spent (study) and more specific information on how the additional funding would be used. 2. Update on Senior Citizens Survey. Ms. Juanita Pilgrim, Deputy County Manager, stated the County was divided into quadrants and interviews were done with 800 people. She stated the results of the survey would be available in mid-November. 3. Consideration of approval of a Memorandum of Understanding: Ferguson Group. MOTION: Commissioner Edge moved to approve. SECOND: Commissioner Blackwell VOTE: UNANIMOUS MOTION: Council Member Dawkins moved to approve. SECOND: Council Member Haire VOTE: UNANIMOUS 4. Discussion: Joint planning beyond the 2030 Plan. Chairman Henley noted the importance of joint planning among all of the municipalities. He stated the County had agreed to discuss the issue of MIAs if the City would agree to participate in a joint planning effort. He noted that Hope Mills was ready to come back into the joint planning effort. Mayor Pitts stated the City was interested in joint planning but would first need to see the methodology around which the joint planning would take place. He noted the importance of joint planning as it would relate to urban issues within the County. He stated some of the methodology would include how the “joint planning board” would address City-type issues. City and County staffs will meet to come up with issues that need to be addressed in such a methodology and bring those issues back to the respective Boards. 5. Discussion: Role of PWC and the City in requiring annexation petitions in order to extend water and sewer into the County. This item was removed from the agenda. 6. Discussion: Study to end duplication of services between the City of Fayetteville and Cumberland County. Commissioner Blackwell stated that if the City and County were interested in this issue, he believed a five-step process needed to be initiated as follows: Step 1: The two Boards would have to have a consensus that they want to do this. Step 2: Hire a professional to conduct a study to determine if it would be feasible and if the public was interested. Citizen stakeholder input would be part of the study. Step 3: Education of the citizenry regarding consolidations/ mergers, etc. Step 4: Both Boards would adopt the results of the Study. Step 5: The citizens would vote on whether they support the consolidation. Council Member Keefe pointed out that some counties and municipalities would be more prone to consolidate than others. He stated that in some cases consolidation would not be a good fit. Commissioner Blackwell stated he thought that the smaller municipalities within Cumberland County would remain as they were. Council Member Haire inquired about representation. Commissioner Blackwell responded it would have to be equitable. Chairman Henley stated the County would include it on one of its upcoming agendas for discussion. 7. Discussion: Staffing of the County’s Animal Control Department. Council Member Haire stated the City of Fayetteville would like to be financially involved in supporting the County Animal Control Department. He noted complaints from the citizenry regarding response time and enforcement of the Animal Control Ordinance. He stated the City had an “ad hoc” Committee to discuss the animal control issue and they had met once. He stated Mr. Grainger Barrett, County Attorney, and Mr. Cliff Spiller, Assistant County Manager, had attended the meeting. Mayor Pitts requested the County to appoint a couple of its elected officials to serve on the Committee. Mr. Grainger Barrett, County Attorney, noted the Director of the Animal Control Department was drafting an ordinance addressing the sale of animals in public rights-of-way. Council Member Haire suggested the fines be raised. 8. Discussion: Encouragement of Infill Development. No specific discussion on this item. 9. Discussion: Regional Transportation. Council Member Haire noted the importance of transportation for the community. He inquired if the County would be willing to come up with some financial support. Commissioner King noted the County’s problem was identifying a designated funding source. Mayor Pitts noted Cumberland County was the fifth most populous County in the state and the County would need to determine if it wanted to be responsible for providing transportation. Mr. Grainger Barrett, County Attorney, noted the County does provide some funding for transportation for DSS, Mental Health, and Health clients. Commissioner Edge said he would need more information in order to determine the feasibility of a County-wide system, i.e., current rider ship, do the citizens in the rural areas of the county want transportation, cost, and benefits. Chairman Henley noted a report that was provided to both boards which had an estimate of $9 million to provide more coverage within the County. It was also noted that the one-half cent sales tax that was to be designated for transportation needs was used for something else. It was suggested that perhaps they needed to pursue that issue again. Chairman Henley suggested it may not be cost effective to provide transportation into the rural areas of the County. He suggested a survey be done in the urban areas to gauge the interest. 10. Discussion: Extra Territorial Jurisdiction. No discussion on this issue. 11. Discussion: Amending the Storm Water Utility Ordinance to create a two-tier rate structure to allow municipalities to authorize additional level of fee to be used for storm water quality projects in that municipality. No discussion on this issue. 12. Discussion: Turn lane on Person Street into the courthouse parking lot. No discussion on this issue. There being no further business, the meeting adjourned. REGULAR MEETING NOVEMBER 14, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 14, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Lisa Smith, Chief Financial Officer Jimmy Teal, Chief Planning Officer Steve Blanchard, PWC General Manager James Rose, Chief Administrative Officer Bill Berry, PWC Business Development Manager Kenny Horne, PWC Purchasing Manager Karen Manning, Graphic Services Jason Brady, Governmental Affairs and Public Information Director Bill Martin, Cumberland County Business Council Adrianne Thomas, Parks and Recreation Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Council Member Worthy, followed by Mayor Pitts leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: Council Member Haire saluted and thanked the outgoing Council members for a job well done throughout the year. Mayor Pitts congratulated and welcomed Mayor Elect Tony Chavonne and Council Elect Keith Bates, Wesley Meredith, and Charles Evans. Mayor Pitts announced the final meeting of the current Council would be November 28, 2005, and the new Council would be sworn in on December 12, 2005. Special Events The Mayor and Council members reviewed the special events for the month of November 2005. 1. APPROVAL OF AGENDA City Attorney Karen McDonald requested to remove Item 2.V. from the agenda. She stated information had been received from Mr. Frank Simpson, Inspections Director, that the owner had demolished the section of the house that was the main problem and was making strides to make the necessary corrections. Mayor Pitts requested to remove Item 5 from the agenda. MOTION: Council Member Keefe moved to approve the agenda with the removal of Items 2.V and 5. SECOND: Council Member Massey VOTE: UNANIMOUS (10-0) 2. CONSENT: Council Member Smith requested to pull Items 2.T. and 2.U. for discussion. Council Member Gonzalez requested to pull Item 2.H. for discussion. Council Member Haire requested to pull Item 2.Q. for discussion. MOTION: Council Member Massey moved to approve the consent agenda with the exception of Items 2.H., 2.Q., 2.T., and 2.U. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) The following items were approved: A. Approve minutes: 1. Regular meeting held on October 10, 2005. 2. Regular meeting held on October 24, 2005. 3. Special joint meeting with County Board of Commissioners held on October 25, 2005. B. Accept the certification of results from the Cumberland County Board of Elections for the October 11, 2005, Municipal Primary Election for City Council Districts 1, 3, 5, and 9. CUMBERLAND COUNTY OCTOBER 18, 2005 NORTH CAROLINA We, the undersigned Board of Elections of Cumberland County, North Carolina, do hereby certify that we met at the Board of Elections Office at 11:00 AM on Tuesday, October 18, 2005 and after canvassing the original returns of the Chief Judges and Judges of Elections of the votes cast in the Municipal Primary Election for City Council District 1, City Council District 3, City Council District 5, City and City Council District 9 of the City of Fayetteville, N.C., held on October 11,2005, we do hereby certify that the following are true and correct totals of votes cast for the following candidates in said returns: CANDIDATES VOTES RECEIVED FOR CITY COUNCIL DISTRICT 1 Keith A. Bates 444 Bruce B. Carpenter 105 Fred Littlejohn 88 Jeff Riddle 259 Floyd L. Shorter 243 DISTRICT 3 Floyd W. Johnson, Jr. 223 Robert A. Massey, Jr. 558 Edgar F. Merritt 265 DISTRICT 5 John C. Crawley 552 Michael Hannan 377 Lois Kirby 1007 Dustin Peele 23 DISTRICT 9 Johnny Dawkins 708 Linda S. Devore 393 Kevin Hight 462 Wesley A. Meredith 640 Jerry Wilson 376 We, therefore, certify that we have judicially determined that the votes received for candidates for City Council Districts 1, 3, 5, 9 resulted in the nomination of the following candidates to appear on the ballot on November 8, 2005. FOR CITY COUNCIL DISTRICT 1 Keith A. Bates Jeff Riddle DISTRICT 3 Robert A. Massey, Jr. Edgar F. Merritt DISTRICT 5 John C. Crawley Lois Kirby DISTRICT 9 Johnny Dawkins Wesley A. Meredith Given under our hand and seal this 18th day of October, 2005 CUMBERLAND COUNTY BOARD OF ELECTIONS C. Approve the following financial matters: 1. Bid awards for purchase of Water and Wastewater Chemicals to low bidders as follows: (PWC) a. Contract for purchase of 7,500,000 lbs. of 8.3% Liquid Aluminum Sulfate to Southern States Chemical, low bidder, in the amount of $335,500.00 Bids were received as follows: Southern States Chemical (Wilmington, NC) $335,500.00 General Chemical (Parsipanny, NJ) $349,018.13 GEO Specialty Chemicals (Little Rock, AR) $427,050.00 b. Contract for purchase of 6,000,000 lbs. of Sodium Hypochlorite to Trinity Manufacturing, Inc., low bidder, in the amount of $500,700.00 Bids were received as follows: Trinity Manufacturing, Inc. (Hamlet, NC) $500,700.00 JCI Jones Chemicals (Charlotte, NC) $525,000.00 DPC Enterprises (Mt. Mourne, NC) $534,000.00 Univar USA, Inc. (Suffolk, VA) $618,000.00 2. Budget Ordinance Amendment 2006-3 (Purchase Orders, Encumbrances, Designations and other items). This amendment will appropriate $2,820,105.00 of the General Fund balance and $504,588.00 of the Storm Water Fund balance for prior fiscal year designations and encumbrances as authorized in the original fiscal year 2005-06 budget ordinance and will be consistent with year-end financial statements. It will also appropriate $25,000.00 of the General Fund balance for transfer to the Buhmann Drive Fire Station capital project for additional design, survey, and soil testing expenditures, and $33,689.00 of increased privilege license revenues for funding of previously frozen Finance Department positions. 3. Architectural and engineering contract for design and construction management services of Fayetteville Fire Department Station #15 (Buhmann Drive) and approve waiver of the qualification-based selection process used for procurement of A/E services. 4. Capital Project Ordinance 2006-3 (Buhmann Drive Fire Station #15). This ordinance will provide funding for the design contract costs associated with Fire Station #15 located on Buhmann Drive and listed in the item above. Once the design phase is completed, Council will be presented with an ordinance amendment to appropriate the funding for the actual construction of the fire station. 5. Approve Certificate of Determination, in substantially the form presented, related to the City's Public Works Commission Revenue Notes, Series 2005, including ratification of the City Manager's decision to add two co-managers to the underwriting team. D. Approve the initial zoning to P2 Professional District or to a more restrictive zoning classification for an area located at 882 South Reilly Road and zoned O&I by Cumberland County. Containing 0.27 acres more or less and being the property of Richard McPhatter as evidenced by deed recorded in Deed Book 2929, page 533, Cumberland County Registry. Case No. P05-38F. E. Approve the initial zoning to C1P Commercial District or to a more restrictive zoning classification for an area located south of Raeford Road and west of Gillis Hill Road and zoned C(P) by Cumberland County. Containing 4.94 acres more or less and being the property of Joseph Gillis, Sr., as evidenced by deed recorded in Deed Book 6411, pages 860-875, Cumberland County Registry. Case No. P05-39F. F. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located off of Stoney Point Road and zoned R10 by Cumberland County. Containing 10.55 acres more or less and being the property of Bellomy and Bellomy Constructors and Renovators, Inc., as evidenced by deed recorded in Deed Book 4647, pages 303-304, Cumberland County Registry. Case No. P05-41F. G. Approve the initial zoning to R5 Residential District and C1P Commercial District or to a more restrictive zoning classification for an area located at the intersection of Hopper Road and Cliffdale Road and zoned R5 and C(P) by Cumberland County. Containing 4.59 acres more or less and being the property of Harold and Marian Kidd as evidenced by deed recorded in Deed Book 6888, pages 137-139, Cumberland County Registry. Case No. P05-42F. H. Pulled for discussion by Council Member Gonzalez. I. Approve the initial zoning to C1P Commercial District or to a more restrictive zoning classification for an area located north of Raeford Road and west of Cliffdale Road and zoned C(P) by Cumberland County. Containing 19.25 acres more or less and being the property of Ann Parnell Kirby as evidenced by deeds recorded in Deed Books 2168 and 3680, pages 87 and 540 respectively, Cumberland County Registry. Case No. P05-44F. J. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on St. Julian Way and zoned R10 by Cumberland County. Containing 43.52 acres more or less and being the property of Gertrude D. Smith as evidenced by deed recorded in Deed Book 982, page 259, Cumberland County Registry. Case No. P05-45F. K. Approve the initial zoning to R6 Residential District or to a more restrictive zoning classification for property located at 112 Trailwood Drive and zoned R6 by Cumberland County. Containing 0.34 acres more or less and being the property of Christopher and Amy Campbell as evidenced by map and legal description as furnished by the City of Fayetteville and annexed by the City of Fayetteville effective November 9, 2005. Case No. P05-46F. L. Approve the initial zoning to R6 Residential District or to a more restrictive zoning classification for property located at the southeast corner of Veda and Natal Streets and zoned R6 by Cumberland County. Containing 0.54 acres more or less and being the property of William and Rosalie Crowe as evidenced by map and legal description as furnished by the City of Fayetteville and annexed by the City of Fayetteville effective January 1, 2006. Case No. P05-47F. M. Approve the initial zoning to C3 Commercial District or to a more restrictive zoning classification for an area located on the corner of Sandy Valley Road and West Mountain Drive and zoned C3 by Cumberland County. Containing 1.24 acres more or less and being the property of Mark Norton as evidenced by map and legal description as furnished by the City of Fayetteville and annexed by the City of Fayetteville effective October 24, 2005. Case No. P05-48F. N. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at the western end of Summerchase Drive and west of Ramsey Street and zoned R10 by Cumberland County. Containing 17.28 acres more or less and being the property of Brolanco Corporation as evidenced by map and legal description furnished by the City of Fayetteville and annexed by the City of Fayetteville effective October 24, 2005. Case No. P05-49F. O. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on the northern side of Summerchase Drive east of Ramsey Street and zoned R10 by Cumberland County. Containing 19.38 acres more or less and being the property of Brolanco Corporation, Weber Building Company, Randall Williams, and Melanie Satheras as evidenced by map and legal description furnished by the City of Fayetteville and annexed by the City of Fayetteville effective October 24, 2005. Case No. P05-50F. P. Approve the rezoning from R10 Residential District to C1 Commercial District or to a more restrictive zoning classification for property located at 5318 Yadkin Road. Containing 0.31 acres more or less and being the property of Cora L. Dyson as evidenced by deed recorded in Deed Book 2035, pages 410-403, Cumberland County Registry. Case No. P05-51F. Q. Pulled for discussion by Council Member Haire. R. Adopt resolution pursuant to N.C.G.S. 160A-58.2 setting November 28, 2005, as a date for a public hearing for a petition-initiated noncontiguous annexation area (Elizabeth Cashwell Elementary School Property – Located on the northwest side of Legion Road). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED NONCONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-58.2 (ELIZABETH CASHWELL ELEMENTARY SCHOOL – LOCATED ON THE NORTHWEST SIDE OF LEGION ROAD). RESOLUTION NO. R2005-077. S. Adopt resolution pursuant to N.C.G.S. 160A-31 setting November 28, 2005, as a date for a public hearing for a petition-initiated contiguous annexation area (Marcus Edwards Development, LLC, Property – Located on the east side of LA Dunham Road, south of Sunnyside School Road). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-31 (MARCUS EDWARDS DEVELOPMENT, LLC – LOCATED ON THE EAST SIDE OF LA DUNHAM ROAD, SOUTH OF SUNNYSIDE SCHOOL ROAD). RESOLUTION NO. R2005-078. T. Pulled for discussion by Council Member Smith. U. Pulled for discussion by Council Member Smith. V. The following property is found to contribute to blight in the neighborhood. After notice to the owner and his failure to repair or demolish the property himself, this action authorizes the City to demolish the property and place a lien against the property for the cost of that action. 1. 1210 Durden Lane (PIN 0408-29-3785); William Henry Cummings City Attorney Karen McDonald removed this item from the agenda based on recommendation of Mr. Frank Simpson, Inspections Director. W. Adopt Interlocal Agreement to allow the City to supply bus shelters to Spring Lake. H. Approve the initial zoning to C1P Commercial District or to a more restrictive zoning classification for the property located at 607 Fairvale Drive and zoned C(P) by Cumberland County. Containing 0.49 acres more or less and being the property of Cheryl L. Johnson as evidenced by deed recorded in Deed Book 4498, pages 361-365, Cumberland County Registry. Case No. P05-43F. Council Member Gonzalez pulled this item for discussion and expressed concerns on commercial encroachment into the neighborhood. MOTION: Council Member Gonzalez moved to set a public hearing for November 28, 2005. SECOND: Council Member Haire Council Member Dawkins stated he could not support the motion. He stated the property should be accepted into the City as it was zoned in the County, then it could be brought up that the zoning be changed. Council Member Williams stated a public hearing had already been held on October 11, 2005, on this item and felt there should not be another public hearing. VOTE: FAILED by a vote of 2 in favor (Council Members Haire and Gonzalez) to 8 in opposition MOTION: Council Member Dawkins moved to approve. SECOND: Council Member Worthy VOTE: PASSED by a vote of 8 in favor to 2 in opposition (Council Members Haire and Gonzalez) Q. Approve the rezoning from R6 Residential District to C3 Commercial District or to a more restrictive zoning classification for property located at 4301 Murchison Road. Containing 1.46 acres more or less and being the property of Devland Ft. Bragg, LLC, as evidenced by deed recorded in Deed Book 7007, pages 377-378, Cumberland County Registry. Case No. P05-52F. Council Member Haire pulled this item for discussion and questioned Mr. Jimmy Teal, Chief Planning Officer, on the proposed rezoning. Mr. Teal responded the rezoning was consistent with the 2010 Plan. He stated a buffer would be required where the property abuts residential. He further stated the property was bounded on two sides by commercial. MOTION: Council Member Keefe moved to approve. SECOND: Council Member Worthy VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Haire) T. Adopt resolution pursuant to N.C.G.S. 160A-58.2 setting November 28, 2005, as a date for a public hearing for a petition-initiated noncontiguous annexation area (Koenig – Underwood Road Property – Located between Underwood and Middle Road, across from Woods End Drive). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED NONCONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-58.2 (KOENIG – UNDERWOOD ROAD PROPERTY – LOCATED BETWEEN UNDERWOOD AND MIDDLE ROAD, ACROSS FROM WOOD ENDS DRIVE). RESOLUTION NO. R2005-079. U. Adopt resolution pursuant to N.C.G.S. 160A-31 setting November 28, 2005, as a date for a public hearing for a petition-initiated contiguous annexation area (Koenig – River Road Property – Located between River Road and the Cape Fear River on he north side of the CSX Railroad). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-31 (KOENIG – RIVER ROAD PROPERTY – LOCATED BETWEEN RIVER ROAD AND THE CAPE FEAR RIVER ON THE NORTH SIDE OF THE CSX RAILROAD). RESOLUTION NO. R2005-080. Council Member Smith pulled Items 2.T. and 2.U. for discussion. MOTION: Council Member Smith moved to set the public hearings for Items 2.T. and 2.U. to January 9, 2006. SECOND: Council Member Massey Discussion ensued on changing the public hearing date. VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Williams) 3. PUBLIC HEARINGS: A. Consider the rezoning from P2 Professional District to C1 Commercial District or to a more restrictive zoning classification for property located at 1328-1332 Ramsey Street. Containing 0.68 acres more or less and being the property of Lillie Hall as evidenced by deed recorded in Deed Books 5761 and 5353, pages 429-432, Cumberland County Registry. Case No. P05-37F. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He reviewed the current zoning, current land use, and 2010 Land Use Plan. He reported the 2010 Land Use Plan recommended medium-density residential. Mr. Teal reported that the Zoning Commission recommended approval of the rezoning and the Planning staff recommended denial. A question and answer period was held regarding the rezoning, development of the property, and traffic conditions. This is the advertised public hearing set for this date and time. The public hearing opened at 7:45 p.m. Ms. Lillie Hall, 112 Zoysia Court, Raeford, NC, spoke in favor of the rezoning and expressed an interest in opening an eatery in the neighborhood. She presented a petition signed by residents in the neighborhood who had no opposition to the eatery. Ms. Brenda Fonville, 1431 Ramsey Street, Fayetteville, NC, spoke in favor of the rezoning and the eatery in the neighborhood. Mr. Harold Thompson, 207 Chloe Drive, Fayetteville, NC, spoke in favor of the rezoning. Ms. Bridget Garnett, 8513 Congressional Avenue, Hope Mills, NC, spoke in favor of the rezoning and the eatery in the neighborhood. There was no one further to speak and the public hearing closed at 7:50 p.m. MOTION: Council Member Haire moved to approve. SECOND: Council Member Smith VOTE: UNANIMOUS (10-0) B. Consider the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located along Carula Lane and zoned R10 by Cumberland County. Containing 15 acres more or less and being the property of Ralph Riley and Jeannie Riley as evidenced by deeds recorded in Deed Books 2856 and 2895, pages 105 and 246 respectively, Cumberland County Registry. Case No. P05-40F. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He reviewed the current zoning and the current land use. Mr. Teal reported that the Zoning Commission’s initial recommendation was to zone the property R10 as per City Council Policy. He stated the Zoning Commission’s recommendation was appealed which resulted in this public hearing. This is the advertised public hearing set for this date and time. The public hearing opened at 7:50 p.m. Mr. Harold Downing, 2830 Skye Drive, Fayetteville, NC, appeared on behalf of the property owner and stated the property should be R10 consistent with City Council Policy and current surrounding land use. There was no one further to speak and the public hearing closed at 7:54 p.m. MOTION: Council Member Williams moved to rezone. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) 4. Consideration of actions pertaining to the extension of water and sewer service south of the City to the vicinity of the Highway 87 and Sandhills Road intersection. A. Approve annexation agreement with Grays Creek, LLC, regarding extension of water and sewer service to property located at the intersection of Highway 87 and Sandhills Road. B. Approve Interlocal Agreement with the County of Cumberland for the NC Highway 87 Water and Sanitary Sewer Extension Project (PWC). City Manager Roger Stancil presented this item and stated this was the development of a Food Lion at the intersection of Highway 87 South and Sandhills Road by Grays Creek, LLC. He stated the proposal was to approve an annexation agreement that would not initiate an annexation process until June 20, 2008. He stated this date would coincide with the date of a previous annexation agreement with Galberry Farms that was approved by Council and the intent would be to initiate that annexation as the area became more urban in nature. Council Member Keefe inquired if the sewer lines would have additional capacity. Mr. Stancil responded in the affirmative. He further stated that PWC had assured him it would be adequate for future development. MOTION: Council Member Dawkins moved to approve Items 4.A. and 4.B. SECOND: Mayor Pro Tem Kirby VOTE: UNANIMOUS (10-0) 5. Strategic Plan Update: 1st Quarter, FY 2005-06. Mayor Pitts removed this item from the agenda. 6. Report from Ad Hoc Animal Control Committee. Council Member Gonzalez, Chairperson, presented this item and reviewed the minutes of the Committee, which included the number of calls, the cost of micro chipping, and the costs for a privilege license. She stated the main concerns were regulating the number of animals, backyard breeding, providing trained officers that would be accountable to the City, micro chipping, fee schedules, and animals running loose. 7. Report from Transportation Committee. Council Member Haire, Chairman, presented this item and reviewed the minutes of the Committee, which included an analysis of the need for a traffic signal at Langdon Street and Edgecomb Avenue, discussion of a crosswalk on Murchison Road at FSU, and discussion of the sidewalk plan as it would relate to west Fayetteville. He stated Fillyaw Road in the future would be a major connector between Reilly and Yadkin Roads and the City was trying to partner with DOT on the Move Ahead Program for upgrading sidewalks and retrofitting the entire area. He stated City staff would be getting together and would return to Council with direction. 8. Update on 2030 Growth Vision Plan. Mayor Pro Tem Kirby presented this item and encouraged Committee members and citizens to attend the next meeting set for November 15, 2005. 9. Consideration of RFP for bond counsel for all bonds that would become renewable or new within the next four or five years. Council Member Worthy presented this item and stated he felt that since there were no bonds at present, now would be a good time to consider an RFP. He stated this would not be replace but to build an inventory of bond counsels. He further stated he wanted to ensure they were getting the best. Council Member Haire inquired about the current team. Mr. Stancil responded the present bond counsel had been in place for a number of years and had served the Council well. He stated that similar to the external auditor, this should probably be done from time to time. He further stated there were a number of things to consider and staff should be allowed to put together a presentation for Council’s consideration. Council Member Keefe requested Mr. Randy Gregory, Bond Counsel, to come up and explain his experience. Mr. Gregory responded by explaining the history of the current bond counsel and a recent directive from the State Treasurer to use North Carolina Firms. He further stated they had cultivated a relationship with Parker Poe as a result of the state Treasurer’s interest in using North Carolina firms for bond deals. He further explained that as members of this community, they had the same interests as Council which was to do what was best for this community. MOTION: Council Member Worthy moved to send out an RFP as it relates to bonds and the bond counsel for the future bonds that may come up in the next four or five years. SECOND: Council Member Dawkins Council Member Worthy inquired of Ms. Lisa Smith, Chief Financial Officer, how much work would be required to put an RFP together. Ms. Smith responded they would need to compile information from other communities and felt if that was Council’s interest it would be doable. Mr. Stancil reiterated they could come back to Council with information and Council could make a decision. Council Member Keefe inquired if the City had remained consistent with a positive bond rating. Ms. Smith responded in the affirmative. SUBSTITUTE MOTION: Council Member Haire moved to ask staff to come back with information and recommendations to a work session. SECOND: Council Member Gonzalez VOTE: PASSED by a vote of 8 in favor to 2 in opposition (Council Members Keefe and Massey) 10. BOARDS AND COMMISSIONS: APPOINTMENTS HISTORIC RESOURCES COMMISSION - 2 vacancies – 1 nomination made – 2 appointments needed Architect (Category 1) – 1 vacancy – 0 nominations made – 1 nomination/appointment needed Mr. Andrew W. Privette was nominated for a first term by Council Member Gonzalez and appointed by acclamation. Historic Preservationists, or Cultural or Social Historian (Category 2) – 1 vacancy – 1 nomination made – 1 appointment needed Ms. Wanda Hunter was appointed to a first term by acclamation. WRECKER REVIEW BOARD – 1 Chairman vacancy (A disinterested person who is not a licensee, wrecker owner, operator, or a City employee to serve as Chairman) – 0 nominations made – 1 nomination/appointment needed Mr. James Jarvies was nominated for a first term by Council Member Gonzalez and appointed by acclamation. NOMINATIONS – First Week JOINT CITY AND COUNTY SENIOR CITIZENS ADVISORY COMMISSION – 3 vacancies – 3 nominations needed Ms. Mary Anderson was nominated by Council Member Gonzalez. FAIR HOUSING BOARD – 3 vacancies (1 At-Large, 1 Attorney, 1 Real Estate) – 3 nominations needed Mr. Richard Thomas King was nominated for the at-large vacancy by Council Member Gonzalez. BOARD OF ADJUSTMENT – 1 Alternate vacancy – 1 nomination needed Mr. Richard West was nominated for the fill-in alternate vacancy by Council Member Keefe. INFORMATION ONLY – No Action Needed FAYETTEVILLE CITY ZONING COMMISSION – 2 vacancies PERSONNEL REVIEW BOARD – 3 vacancies JOINT CITY AND COUNTY APPEARANCE COMMISSION – 1 vacancy 11. ADMINISTRATIVE REPORTS A. The City At Work. City Manager Roger Stancil presented a power point presentation on City employees at work. INFORMATION ITEMS: 1. Thank you note from Harry Shaw for floral arrangement, concern and support for the loss of his wife. 2. Response to Public Forum concern. 3. Copy of 2005-1006 Levy for City of Fayetteville from the Cumberland County Tax Administrator. 4. Statement of taxes collected for the month of October 2005 from the Cumberland County Tax Administrator. 2005 Taxes $2,711,960.91 2005 Vehicle Taxes 269,900.71 2005 Revit 11,643.25 2005 Vehicle Revit 145.49 2005 FVT 30,036.86 2005 Storm Water 208,122.90 2004 Taxes 44,977.13 2004 Vehicle Taxes 47,613.17 2004 Revit 0.00 2004 Vehicle Revit 36.36 2004 FVT 6,534.52 2004 Storm Water 3,822.55 2003 Taxes 18,258.20 2003 Vehicle Taxes 2,372.32 2003 Revit 0.00 2003 Vehicle Revit 0.00 2003 FVT 462.99 2003 Storm Water 1,681.85 2002 Taxes 12,037.71 2002 Vehicle Taxes 737.76 2002 Revit 0.00 2002 Vehicle Revit 0.00 2002 FVT 181.28 2002 Storm Water 1,504.23 2001 and Prior Taxes 12,748.24 2001 and Prior Vehicle Taxes 2,921.98 2001 and Prior Revit 0.00 2001 and Prior Vehicle Revit 0.00 2001 and Prior FVT 598.80 2001 and Prior Storm Water 1,331.63 Interest 22,143.15 Interest (Revit) 3.18 Interest (Storm Water) 1,526.35 Fayetteville Discount (Current) 0.00 Fayetteville Discount (Revit) 0.00 Total Collections $3,413,303.52 5. Letter of appreciation for assistance from employees of Engineering and Infrastructure Department. MOTION: Council Member Smith moved to adjourn the meeting. SECOND: Council Member Dawkins VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Worthy) The meeting adjourned at 8:50 p.m. SPECIAL MEETING NOVEMBER 17, 2005 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING SHERWOOD PARK ELEMENTARY SCHOOL CAFETERIA 2115 HOPE MILLS ROAD NOVEMBER 17, 2005 7:00 P.M. Present: Council Members James K. Keefe (District 1); Robert A. Massey, Jr. (District 3); Paul Williams (District 6); Juanita Gonzalez (District 8) Absent: Mayor Marshall B. Pitts, Jr.; Council Members Mable C. Smith (District 2); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Curtis Worthy (District 7); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Kyle Sonnenberg, Assistant City Manager Jimmy Teal, Chief Planning Officer David Nash, Planning Adrianne Thomas, Parks and Recreation Members of the Press The invocation was offered by Council Member Massey, followed by leading in the Pledge of Allegiance. 1. Approval of the Agenda MOTION: Council Member Gonzalez moved to approve the agenda. SECOND: Council Member Williams VOTE: UNANIMOUS (4-0) 2. Public hearing regarding the Hope Mills Road Land Use Plan. This is the advertised public hearing set for this date and time. The public hearing opened at 7:15 p.m. Mr. Andy Anderson, 1517 Hope Mills Road, Fayetteville, NC, spoke in opposition and stated that before businesses were allowed in a residential area there should be sidewalks so that citizens would not have to walk in the street. He expressed concerns of increase in crime, traffic, speeders, noise, trash, and available parking for patrons of the businesses. He stated there was nothing wrong with the current policy. Mr. Oras Miller, 5114 Ponderosa Drive, Fayetteville, NC, spoke in opposition and expressed concerns with lights from business parking lots shining into houses. Mr. Jerry Howland, 1785 Flintshire Road, Fayetteville, NC, spoke in opposition and stated the plan was 100 percent wasted since 75 percent of Council meetings were devoted to rezoning. Ms. Rebecca Flowers, 2029 Lombardy Drive, Fayetteville, NC, spoke in opposition and expressed concerns for the livability of the neighborhood. Mr. Walt Warfel, 3509 Crampton Road, Fayetteville, NC, spoke in favor and stated he had a business in the area. He expressed concerns with one-car driveways to the businesses causing traffic problems. Mr. Jimmy Teal, Chief Planning Officer, gave an overview of the proposed plan and showed maps of the area stating Hope Mills Road had gone from a two-lane road to a five-lane road. He stated the concept of the plan was to address future development thereby providing flexibility and opportunity for innovative and positive development to occur in the area. He stated the objectives of the plan were to (1) promote redevelopment along Hope Mills Road that would significantly increase property value, (2) minimize negative factors for residential units located in the vicinity of nonresidential development, and (3) strongly discourage nonresidential development for the interior lots of the corridor when access was not available on Hope Mills Road. He emphasized that they were discussing a land use plan not zoning, and the decision tonight would not affect the zoning. He stated the Planning Commission’s recommendation was that properties abutting Hope Mills Road should have the option to change from residential to professional or commercial. Ms. Judy Currie, 5006 Utile Road, Fayetteville, NC, appeared in opposition and inquired what value would be given on the houses that were paid for. Mr. Teal clarified that the City was not requesting to purchase any land or rezone any property. Mr. Wayne Wyatt, 4918 Cottonwood Drive, Fayetteville, NC, appeared in opposition and stated the value of his property would go down if a business moved next door. Mr. James Handley, 4948 Redwood Drive, Fayetteville, NC, appeared in opposition and stated he lived next door to a business and was too old to move. Ms. Rachel Violet, 601 Hope Mills Road, Fayetteville, NC, appeared in favor and stated the second plan was very good. There was no one further to speak and the public hearing closed at 7:55 p.m. Council Member Massey made closing comments and thanked everyone for attending. 3. Adjournment The meeting adjourned at 8:00 p.m. REGULAR MEETING NOVEMBER 28, 2005 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 28, 2005 7:00 P.M. Present: Mayor Marshall B. Pitts, Jr. Council Members James K. Keefe (District 1); Mable C. Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Johnny Dawkins (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Stanley Victrum, Assistant City Manager Kyle Sonnenberg, Assistant City Manager Jimmy Teal, Planning Director Bobby Teague, Engineering and Infrastructure Director Frank Simpson, Inspections Director Faith Thompson, Customer Focus Director Jackie Tuckey, Community Relations Coordinator Bruce Daws, Historic Properties Manager Nathan Walls, Public Information Specialist Wilson Lacy, PWC Commissioner Jason Brady, Governmental Affairs and Public Information Director Adrianne Thomas, Parks and Recreation Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Calvin Brewington, Beauty Spot Baptist Church. The National Anthem was performed by the Westover Band, followed by Boy Scout Troops 29 and 752 leading in the Pledge of Allegiance to the American Flag. MAYOR’S ANNOUNCEMENTS: The public forum was not held but will resume in January 2006. RECOGNITION: Mayor Pro Tem Kirby recognized Mr. Charles Astrike of the Planning Commission who presented a letter of appreciation to Mayor Marshall B. Pitts, Jr., for his service to the City. Mayor Pro Tem Kirby recognized Ms. Sailaja Vallabha, Vice Chairperson of the Fayetteville-Cumberland Human Relations Commission, who presented a letter to Mayor Marshall B. Pitts, Jr., for his service to the Human Relations Commission and the City. Mayor Pro Tem Kirby presented Mayor Pitts with a key to the City. Mount Olive Missionary Baptist Church Boy Scout Troop 752 presented Mayor Pitts with a walking staff, can of popcorn, and coffee mug. A selection by the Fayetteville State University Concert Choir was led by Dr. Marvin Curtis. 1. APPROVAL OF AGENDA Mayor Pitts requested to add Item 6, closing comments by outgoing Council members. MOTION: Council Member Smith moved to approve the agenda with the addition. SECOND: Council Member Keefe VOTE: UNANIMOUS (10-0) 2. CONSENT: Council Member Williams requested to pull Item 2.K. Council Member Haire requested to pull Item 2.J. Council Member Gonzalez requested to pull Item 2.F. MOTION: Council Member Dawkins moved to approve the consent agenda with the exception of Items 2.F., 2.J., and 2.K. SECOND: Council Member Worthy VOTE: UNANIMOUS (10-0) The following items were approved: A. Approve minutes: 1. Regular meeting of November 14, 2005. B. Accept the certification of results of the November 8, 2005, municipal election from the Cumberland County Board of Elections. CUMBERLAND COUNTY November 8,2005 NORTH CAROLINA We, the undersigned Board of Elections of Cumberland County, North Carolina, do hereby certify that we met at the Board of Elections Office at 11:00 AM on Tuesday, November 15,2005, and after canvassing the original returns of the Chief Judges and Judges of Elections of the votes cast in the Municipal Election for Mayor, City Council District 1, City Council District 2, City Council District 3, City Council District 4, City Council District 5, City Council District 6, City Council District 7, City Council District 8, and City Council District 9 of the City of Fayetteville, N. C. held on November 8, 2005, we do hereby certify that the following are true and correct totals of votes cast for the following candidates in said returns: CANDIDATES VOTES RECEIVED FOR MAYOR Tony Chavonne 16,939 Marshall B. Pitts, Jr. 12,741 Write-In 58 FOR CITY COUNCIL DISTRICT 1 Keith A. Bates 1,664 Jeff Riddle 1,276 Write-In 19 DISTRICT 2 Charles E. Evans 1,318 Mable C. Smith 1,076 Write-In 29 DISTRICT 3 Robert A. Massey, Jr. 1,897 Edgar F. Merritt 1,033 Write-In 12 DISTRICT 4 D. J. Haire 1,967 Thomas A. Parent 1,058 Write-In 13 DISTRICT 5 John Crawley 2,202 Lois Kirby 2,341 Write-In 26 DISTRICT 6 Kamina Fitzgerald 1,202 Paul A. Williams 2,340 Write-In 43 DISTRICT 7 Karalee Plummer 999 Curtis Worthy 1,357 Write-In 16 DISTRICT 8 Juanita Gonzalez 2,201 Write-In 105 DISTRICT 9 Johnny Dawkins 2,160 Wesley A. Meredith 2,546 Write-In 16 We, therefore, certify that we have judicially determined that the votes received for candidates for Mayor and City Council resulted in the election of the following candidates. FOR MAYOR Tony Chavonne FOR CITY COUNCIL DISTRICT 1 DISTRICT 6 Keith Bates Paul A. Williams DISTRICT 2 DISTRICT 7 Charles E. Evans Curtis Worthy DISTRICT 3 DISTRICT 8 Robert A. Massey, Jr. Juanita Gonzalez DISTRICT 4 DISTRICT 9 D. J. Haire Wesley A. Meredith DISTRICT 5 Lois Kirby Given under our hand and seal this 15th day of November, 2005. CUMBERLANDCOUNTY BOARD OF ELECTIONS C. Approve the following financial matters: 1. Tax refunds in excess of $100.00. Name Year Basis City Refund Davis, Susan Oquinn 2003-2004 Corrected Assessment $286.47 Total $286.47 2. Special Revenue Ordinance 2006-6 (Gang Prevention). This $11,000.00 grant will be used for the prevention of gang violence and other related crime activities. This grant is funded 100 percent by the North Carolina Department of Juvenile Justice and Delinquency Program. 3. Special Revenue Ordinance Closeouts: a. Special Revenue Project Ordinance Closeout 2006-2 (Geographic Information Systems). b. Special Revenue Project Ordinance Closeout 2006-3 (FY 2004 Operation Ceasefire Media Blitz). c. Special Revenue Project Ordinance Closeout 2006-4 (FY 2004 Operation Ceasefire Project). d. Special Revenue Project Ordinance Closeout 2006-5 (P2P Project). e. Special Revenue Project Ordinance Closeout 2006-6 (FY 2003 Cyber Crimes Against Children). f. Special Revenue Project Ordinance Closeout 2006-7 (FY 2004 Gangs Across the Carolinas). g. Special Revenue Project Ordinance Closeout 2006-8 (FY 2003-2004 Juvenile Restitution Program). h. Special Revenue Project Ordinance Closeout 2006-9 (FY 2003 DWI Checkpoint Program). i. Special Revenue Project Ordinance Closeout 2006-10 (FY 2001 Local Law Enforcement Block Grant). j. Special Revenue Project Ordinance Closeout 2006-11 (FY 2002 Local Law Enforcement Block Grant). k. Special Revenue Project Ordinance Closeout 2006-12 (FY 2003 Local Law Enforcement Block Grant). Items 3.a. through 3.k. are requests for closure of several police grants that have been completed and, where applicable, the Grantor has issued letters approving the closure of these grants. All revenues and expenditures for these projects have been audited. D. Approve the initial zoning to various zoning classifications for an area known as Phase 5 annexation. Containing 27 square miles more or less as evidenced by map and legal description furnished by the City of Fayetteville. Being of Annexation Ordinance No. 2003-11-463 and annexed by the City of Fayetteville effective September 30, 2005, excluding parcels 9497-46-9505, 9486-34-2776, 0405-05-1686, 0405-06-4255, 9485-93-4779, 9487-15-2202, 9487-15-3494, 9498-69-9699, 9486-06-2997, and 9487-54-3478. The excluded parcels were initially zoned on November 14, 2005. Case No. P05-65F. E. Approve the rezoning from R10 Residential District to R5 Residential District or to a more restrictive zoning classification for property located on Cliffdale Road across from Bunce Road. Containing 17.88 acres more or less and being the property of Jamie McKethan Bowen as evidenced by deed recorded in Deed Books 892 and 2210, pages 482-485 and 2010-205, respectively, Cumberland County Registry. Case No. P05-56F. F. Pulled for discussion by Council Member Gonzalez. G. Approve the rezoning from AR Agricultural/Residential District to R10 Residential District or to a more restrictive zoning classification for property located on Strickland Bridge Road opposite Lockamy Road and Jenna Shane Road. Containing 19.78 acres more or less and being the property of Floyd Construction as evidenced by deed recorded in Deed Book 6998, page 827, Cumberland County Registry. Case No. P05-60F. H. Adopt resolution pursuant to N.C.G.S. 160A-31 setting January 9, 2006, as a date for a public hearing for a petition-initiated contiguous annexation area (Riddle Property - Ramsey Street - located on the western side of Ramsey Street at Sweetwater Drive). A RESOLUTION FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTINGUOUS ANNEXATION AREA PURSUANT TO N.C.G.S. 160A-31 (RIDDLE PROPERTY – RAMSEY STREET – LOCATED ON THE WESTERN SIDE OF RAMSEY STREET AT SWEETWATER DRIVE). RESOLUTION NO. R2005-081. I. Approve Fayetteville State University's request for replacing signage on Langdon Street at Capel Arena. J. Pulled for discussion by Council Member Haire. K. Pulled for discussion by Council Member Williams. F. Approve the rezoning from M2/M1 Industrial Districts and C3 Commercial District to R6 Residential District or to a more restrictive zoning classification for property located at 613 and 619 Middle Road. Containing 33.38 acres more or less and being the property of Middle Road Properties, LLC, and Sundust Properties, LLC, as evidenced by deeds recorded in Deed Books 6297 and 5104, pages 155-158 and 386-388 respectively, Cumberland County Registry. Case No. P05-58F. Council Member Gonzalez pulled this item for discussion. MOTION: Council Member Gonzalez moved to set a public hearing to receive additional input on the rezoning. SECOND: Council Member Keefe Council Member Dawkins inquired if this was an initial zoning and if a public hearing had been held. Mr. Jimmy Teal, Planning Director, responded this was not an initial zoning and the Zoning Commission had held a public hearing. Council asked questions and discussion ensued as to whether another public hearing should be held. VOTE: FAILED by a vote of 2 in favor (Council Members Gonzalez and Keefe) to 8 in opposition MOTION: Council Member Dawkins moved to approve. SECOND: Council Member Worthy VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez) J. Adopt demolition ordinance: 1. 415 Mike Street (PIN 0418-18-6254); John W. Thomas, c/o Tommy W. Thomas Council Member Haire pulled this item for discussion and stated the property owners were requesting an additional 90 days to demolish the property. MOTION: Council Member Haire moved to allow an additional 90 days to Tommy W. Thomas to do their own demolition. SECOND: Council Member Williams VOTE: UNANIMOUS (10-0) K. Re-adopt map and resolution of consideration for future annexations (same unincorporated area as map adopted in December 2003). Council Member Williams pulled this item for discussion. MOTION: Council Member Williams moved to table this item until no sooner than the second meeting in January. SECOND: Council Member Gonzalez Council Member Dawkins inquired what the ramifications would be if the map were not adopted. City Manager Roger Stancil stated this was the first step in the annexation process, which only outlines an area that might be considered for annexation at some time in the future. SUBSTITUTE MOTION: Council Member Smith moved to correct the misspelled word “adoted” in Item K and adopt the map and resolution. SECOND: Council Member Worthy Council Member Williams stated this item needed to be delayed so that the new Council could review the map. SUBSTITUTE MOTION VOTE: FAILED by a vote of 5 in favor to 5 in opposition ORIGINAL MOTION VOTE: PASSED by a vote of 6 in favor to 4 in opposition (Council Members Smith, Massey, Dawkins, and Worthy) 3. PUBLIC HEARINGS: A. Consider an ordinance designating the Self Help Credit Union building at 100 Hay Street as a historic landmark. Mr. Jimmy Teal, Planning Director, presented this item. He gave a brief background and showed pictures of the building. Council Member Williams inquired why this would be considered historic. Mr. Teal responded because of the age and the architectural style of the building. This is the advertised public hearing set for this date and time. There being no one to speak, the public hearing opened and closed at 7:40 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING THE FORMER FIRST CITIZENS BANK, LOCATED AT 100 HAY STREET, FAYETTEVILLE, NORTH CAROLINA, AS A HISTORIC LANDMARK. ORDINANCE NO. NS2005-017. MOTION: Council Member Worthy moved to approve. SECOND: Mayor Pro Tem Kirby VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Williams) B. Consider the adoption of an ordinance designating the Stuart Kerr House, Dr. W. C. Verdery House, at 1428 Raeford Road as a historic landmark. Mr. Jimmy Teal, Planning Director, presented this item. He gave a brief background and showed pictures of the building. This is the advertised public hearing set for this date and time. There being no one to speak, the public hearing opened and closed at 7:41 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING THE DR. WILLIAM C. VERDERY HOUSE, 1428 RAEFORD ROAD, FAYETTEVILLE, NORTH CAROLINA, AS A HISTORIC LANDMARK. ORDINANCE NO. NS2005-018. MOTION: Council Member Haire moved to approve. SECOND: Council Member Dawkins VOTE: PASSED by a vote of 9 in favor to 1 in opposition (Council Member Williams) 4. BOARDS AND COMMISSIONS: MOTION: Council Member Worthy moved to hold Item 4 for the new Council. SECOND: Council Member Dawkins VOTE: PASSED by a vote of 8 in favor to 2 in opposition (Council Members Gonzalez and Massey) NOMINATIONS – Second Week JOINT CITY AND COUNTY SENIOR CITIZENS ADVISORY COMMISSION – 3 vacancies (2 fill-in terms expiring September 2006 and 1 full term expiring September 2007) - 1 nomination made – 2 nominations needed FAIR HOUSING BOARD – 3 vacancies (1 At-Large, 1 Attorney, 1 Real Estate) – 1 nomination made (At-Large) – 2 nominations needed (1 Attorney and 1 Real Estate) BOARD OF ADJUSTMENT – 1 Alternate vacancy – 1 nomination made – 0 nominations needed NOMINATIONS – First Week FAYETTEVILLE CITY ZONING COMMISSION – 2 alternate vacancies – 2 nominations needed PERSONNEL REVIEW BOARD – 3 vacancies (1 Supervisor/Manager and 2 Regulars) – 3 nominations needed JOINT CITY AND COUNTY APPEARANCE COMMISSION – 1 fill-in term vacancy – 1 nomination needed INFORMATION ONLY – No Action Needed FAYETTEVILLE-CUMBERLAND HUMAN RELATIONS COMMISSION – 1 fill-in vacancy 5. ADMINISTRATIVE REPORTS There were no administrative reports. INFORMATION ITEMS: 1. Report of tax refunds less than $100.00. Name Year Basis City Refund Marsh, Pamela S. 2004 Corrected Assessment $14.69 Total $14.69 2. Copy of letter to NC DOT regarding improvements to SR 1406, Fillyaw Road. 3. Office of Professional Standards – report for the month of October 2005 from the Office of Professional Standards and Inspections. 4. Parks and Recreation Advisory Commission – minutes of October 24, 2005. A selection by the Fayetteville State University Concern Choir was led by Dr. Marvin Curtis. 6. Closing comments by outgoing Council. Mayor Pitts explained this was the last meeting for three Council members and himself. He presented outgoing Council Members Johnny Dawkins, Jimmy Keefe, and Mable C. Smith with a key to the City. Mayor Pitts urged Council to assist new Council members with the transition. Council Member Dawkins thanked the citizens and his family for their support. He also thanked Mayor Pitts for the key to the City. Council Member Keefe thanked his family and friends for their support. He thanked the City Manager and City Attorney for their help as well as Brenda Barbour. He presented gifts to each Council member. Council Member Smith thanked everyone for their support. She also asked the Council to make it a priority to complete paving of the dirt streets. Mayor Pitts thanked the outgoing Council members for their service to the Council. He also thanked his family and community as well as Brenda Barbour for their six years of support. Mayor Pitts praised the Council for its accomplishments which included revitalization of downtown; more affordable housing in the City; new fire stations; new recreation centers; environmental court; tougher development standards; more government partnerships such as the merger of the Parks and Recreation Departments, a joint Appearance Commission, and a joint Human Relations Commission; new gateway signs; new kaleidoscope television show; a City song; annual fitness day; and continuing to win diversity awards for diversity programs in the City of Fayetteville. MOTION: Council Member Smith moved to adjourn the meeting. SECOND: Council Member Dawkins VOTE: UNANIMOUS (10-0) The meeting adjourned at 8:35 p.m. SPECIAL MEETING DECEMBER 12, 2005 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING AIRBORNE AND SPECIAL OPERATIONS MUSEUM 100 BRAGG BOULEVARD DECEMBER 12, 2005 7:00 P.M. Present: Mayor Anthony G. Chavonne Council Members Keith A. Bates, Sr. (District 1); Charles E. Evans (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Lois A. Kirby (District 5); Paul Williams (District 6); Curtis Worthy (District 7); Juanita Gonzalez (District 8); Wesley A. Meredith (District 9) Others Present: Roger L. Stancil, City Manager Karen M. McDonald, City Attorney Doug Hewett, Strategic Initiatives and Corporate Communications Director Benjamin Nichols, Fire and Emergency Management Chief Jackie Tuckey, Community Relations Coordinator Brenda Barbour, Administrative Secretary to the Mayor Members of the Fayetteville Police and Fire Color Guard Adrianne Thomas, Parks and Recreation Members of the Press The Fayetteville Independent Light Infantry opened the ceremony with the posting of the colors. Ms. Brooke Elizabeth McLaurin, Miss North Carolina 2005, sang the National Anthem and the invocation was offered by Dr. J. Ernest Johnson, Senior Pastor, Highland Presbyterian Church. 1. SEATING OF MAYOR AND NEW CITY COUNCIL: A. Oaths of office administered to City Council Mr. Keith A. Bates, Sr., District 1, was sworn in by The Honorable John M. Tyson, Judge, North Carolina Court of Appeals. Mr. Charles E. Evans, District 2, was sworn in by The Honorable Jack A. Thompson, Judge, North Carolina Superior Court. Mr. Robert A. Massey, Jr., District 3, was sworn in by The Honorable Gregory A. Weeks, Judge, North Carolina Superior Court. Mr. Darrell J. Haire, District 4, was sworn in by The Honorable Mary E. McAllister, Representative, North Carolina General Assembly. Ms. Lois A. Kirby, District 5, was sworn in by The Honorable Robert J. Stiehl, III, Judge, North Carolina District Court. Mr. Paul A. Williams, District 6, was sworn in by The Honorable Kimbrell Kelly Tucker, Judge, North Carolina District Court. Mr. Curtis Worthy, District 7, was sworn in by The Honorable Edward A. Pone, Judge, North Carolina District Court. Ms. Juanita Gonzalez, District 8, was sworn in by The Honorable Kimbrell Kelly Tucker, Judge, North Carolina District Court. Mr. Wesley A. Meredith, District 9, was sworn in by The Honorable John M. Tyson, Judge, North Carolina Court of Appeals. B. Oath of Office administered to Mayor. Mr. Anthony G. Chavonne was sworn in by Mr. Billy R. King, Chairman, Cumberland County Board of Commissioners. 2. APPROVAL OF AGENDA MOTION: Council Member Haire moved to approve the agenda. SECOND: Council Member Kirby VOTE: UNANIMOUS (10-0) 3. Election of Mayor Pro Tempore. Mayor Chavonne called for nominations for the Mayor Pro Tempore position. Council Member Worthy nominated Council Member Robert A. Massey, Jr. MOTION: Council Member Haire moved that the nominations be closed. SECOND: Council Member Evans Mayor Chavonne called for a vote on the nomination. VOTE: Council Member Robert A. Massey, Jr., was appointed Mayor Pro Tempore by a vote of 9 in favor to 1 in opposition (Council Member Gonzalez) Mayor Pro Tem Massey thanked the Council. Council Members Bates, Evans, and Meredith thanked family, friends, and citizens for their support. Mayor Chavonne thanked everyone and promised his commitment to work together as a team for the betterment of Fayetteville. The Benediction was offered by Reverend John T. Johnson, President, Fayetteville/Cumberland County Ministerial Council, Inc. The Fayetteville Police and Fire Color Guard closed the ceremony with the retiring of the colors. 4. Adjourn MOTION: Council Member Haire moved to adjourn the meeting. SECOND: Council Member Kirby VOTE: UNANIMOUS (10-0) The meeting adjourned at 7:50 p.m.