1999 - MEETING MINUTES CITY OF FAYETTEVILLE NORTH CAROLINA REGULAR MEETING JANUARY 4, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JANUARY 4, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Victor Sharpe, Planning Services Manager Theo McClammy, Human Relations Director Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Officer Deborah Taylor of the Fayetteville Police Department Lay Ministry Council, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins introduced Boy Scout Troop #29, sponsored by the Layman's League of Lewis Chapel Church. Mayor Dawkins presented a proclamation proclaiming the month of January 1999 as "School Board Appreciation Month" to Mr. Rick Glazier, chairman of the Cumberland County Board of Education. Mayor Dawkins announced the Character Education Concept for January 1999 was self-discipline. Councilmember Talbot presented Mayor Dawkins and Fire Chief Pete Piner with Certificates of Appreciation from the Veterans' Council of Cumberland County. 1. APPROVAL OF AGENDA City Attorney Robert Cogswell requested to add information to Item 2.J. Mr. Cogswell stated the employee requesting legal representation was Michael Fitzgerald in the lawsuit, Delores Murphy vs. Michael Fitzgerald, et al. It was Mr. Cogswell's recommendation that the City Attorney's office represent the employee. Mr. Cogswell stated that he had found that Mr. Fitzgerald had been acting in the scope and course of his employment when the incident occurred. City Manager Roger Stancil corrected the wording in Item 2.K of the agenda to include in the public hearings all of the areas in the Phase 2 annexation project. He stated the agenda reflected only the Montclair Subdivision, but the agenda backup material and the newspaper notice had been correct. Mr. Stancil introduced Mr. Theo McClammy, Director of the Human Relations Department. Councilmember Kizer requested to abstain from discussion or voting on Items 2.B.4, 2.K, and 5. MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Kizer to abstain from discussion or voting on Items 2.B.4, 2.K and 5. SECOND: Councilmember Kendrick VOTE: UNANIMOUS MOTION: Mayor Pro Tem McBryde moved to approve the agenda as amended. SECOND: Councilmember Massey VOTE: UNANIMOUS 2. CONSENT: Mayor Dawkins presented the consent agenda. Councilmember Cheek requested to pull Item 2.H. MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exception of Item 2.H and to pull Items 2.B.4 and 2.K for approval with Councilmember Kizer abstaining. SECOND: Councilmember Kizer VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Talbot) MOTION: Mayor Pro Tem McBryde moved to approve Items 2.B.4 and 2.K. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Kizer abstaining) The following items were approved: A. Approve minutes of regular meeting of December 7, 1998. B. Approve the following financial matters: 1. Adopt Capital Project Ordinance Closeout 99-2 (Asphalt sealant for General Aviation area) This project was established to account for an asphalt sealant placed on the ramp in the general aviation area of the Airport. The project was completed in fiscal year 1998 at a total cost of $41,266. Funding for the project was provided by the North Carolina Department of Transportation ($20,633) and Airport Fund ($20,633). The expenditures and revenues associated with this project have been audited by Cherry, Bekaert & Holland and are recommended for closure. 2. Adopt Capital Project Ordinance Closeout 99-3 (1994 Annexation Infrastructure Costs and 1995 Annual Street Resurfacing Project) This ordinance was established to account for infrastructure improvements in the area annexed in 1994 and the 1995 annual street resurfacing project. The projects were completed at a cost of $1,650,000 for the 1994 annexation infrastructure improvements and $1,286,578 for the 1995 annual street resurfacing contract. Funding for the project was provided by General Fund transfers and miscellaneous revenues. The expenditures and revenues associated with these projects have been audited by Cherry, Bekaert & Holland and are recommended for closure. 3. Adopt Capital Project Ordinance Closeout 99-4 (1996 Annual Street Resurfacing) This ordinance was established to account for the 1996 annual street resurfacing project. The project was completed at a cost of $1,166,107 and was funded by a General Fund transfer. The expenditures and revenues associated with this project have been audited by Cherry, Bekaert & Holland and are recommended for closure. 4. Adopt Capital Project Ordinance 99-9 (Phase 3A Annexation Area Infrastructure Costs) In the fiscal year 1999 budget, City Council approved a General Fund appropriation of $1,289,000 for a portion of the Phase 3A annexation area infrastructure costs. This ordinance will establish the project in the City's Transportation Capital Project Fund with funding provided by a General Fund transfer. In addition, the City plans to issue $2,750,000 in two-thirds bonds in February 1999 to fund the balance of the infrastructure costs in the Phase 3A annexation area. These funds will be appropriated following the sale of the bonds. 5. Adopt Capital Project Ordinance Amendment 99-4 (Airport T-Hangars) On December 7, 1998, City Council awarded the construction contract and approved the funding source for the t-hangar project. This amendment formally implements the Council's action by appropriating funding for the construction of the t-hangars and changing the major source of funding for the project to a General Fund loan. The architectural standards associated with the project will be paid from the Airport Fund. The t-hangar project budget is $525,876, funded by a General Fund loan of $507,876 and Airport funds of $18,000. 6. Adopt Special Revenue fund Project Ordinance Amendment 99-3 (Police Training Facility) On September 29, 1997, and May 4, 1998, City Council awarded contracts for the base bid and alternates one, two and three for the Police Training Facility. The source of funds for this project was federal forfeiture funds, controlled substance tax revenue and an interfund loan from the Law Enforcement Officers' Special Separation Allowance Fund (LEOSSA Fund). At this juncture, additional funds are needed to acquire signs ($8,600) and complete construction of the facility ($4,400). The source of funds for this amendment will be an increase of $13,000 in the interfund loan from the LEOSSA Fund. The interfund loan is to be repaid, with interest, from future federal forfeiture revenues. C. Adopt ordinance ordering the demolition of 5111 Hodge Street (Owners: Larry S. Turner and Clarence McNeill) 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. NS1999-001. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. D. P98-67F. Approve the addition of an MHO (Manufactured Home Overlay) District in an R6 Residential District for an area located at 1319 and 1329 Shadbush Lane. Containing 1.13 acres more or less and being the property of Queen Evans; and James & Eva Carraway as evidenced by deeds recorded in Deed Book 3781, Pages 205 and 207, respectively Cumberland County Registry. E. P98-71F. Approve the rezoning from R10 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located east of Soffe Drive. Containing 2.56 acres more or less and being the property of Middle Road Properties as evidenced by deed recorded in Deed Book 3006, Page 737, Cumberland County Registry. F. Approve award of purchase contract to SuperSafe Tanks, (Indianapolis, IN), for one each 150 GPM Avgas Tank System and two each 200 GPM Jet Fuel Tank Systems (includes Performance Bond Cost and additional option to buy an Intrinsic Fail-safe Water Detection System) in the amount of $153,050.00. Bids were received as follows: SuperSafe Tanks (Indianapolis, IN) $153,050.00 Fluid Dynamics, Inc. (Hapeville, GA) $163,143.00 G. Adopt Budget Ordinance amendment to provide for funding for purchase of fuel tanks at Airport. This Airport Fund fund balance appropriation of $27,751.00 fully establishes the budget for the fuel tanks approved in Item 2.F. Adoption of the budget ordinance accomplishes this task. H. This item was pulled for discussion by Councilmember Cheek. The City Attorney's office will represent Michael Fitzgerald in the lawsuit, Delores Murphy vs. Michael Fitzgerald, et. als. I. Refer to Transportation Committee the following traffic matters: (Requested by Councilmember Darrell Haire) 1. Traffic Study for both entrances of Mazarick Park. 2. Traffic Studies at Filter Plant Drive and Bragg Boulevard: Traffic signal investigation and widening of Filter Plant Drive. J. Approve request for legal representation. K. Set public hearing for January 19, 1999, to consider sanitary sewer utility assessments for Phase II Annexation Areas. Councilmember Kizer abstained from discussion or voting on this item. H. Refer to Transportation Committee the proposed Transportation Improvement Program (TIP) for 2000-2006. Councilmember Cheek pulled this item for discussion. She requested that the mechanical enhancements like cameras and safety devices be added to the City's list. MOTION: Councilmember Cheek moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce the speed limit to 25 miles per hour in the Lake Valley Subdivision for the following streets: Dashland Drive from Lake Valley Drive to its end; Knob Court from Valley Ridge Drive to its end; Lake Valley Drive from Yadkin Road to Dashland Drive; and Valley Ridge Drive from Dashland Drive to its end. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:26 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1999-002. MOTION: Councilmember Talbot moved to approve. SECOND: Councilmember Massey VOTE: UNANIMOUS B. Consideration of adoption of resolution ordering the closing of Lenoir Street from Faison Avenue to Rodie Avenue. City Manager Roger Stancil presented this item and recommended closing the street and retaining a public right-of-way for water and sanitary sewer for PWC. This is the advertised public hearing set for this date and time. The public hearing opened at 7:28 p.m. There was no one signed up to speak in favor. The following persons appeared in opposition: Norma Currie, 912 Rodie Avenue, Fayetteville, NC; Marie Beasley, 913 Faison Avenue, Fayetteville, NC; Kenneth Beasley, 19 Faison Avenue, Fayetteville, NC. A discussion was held regarding paving private property. Mr. Stancil stated the dedicated right-of-way property from Miller Avenue to Faison Avenue was returned to the adjacent landowners by the County Commissioners on October 29, 1993, and October 17, 1994. Mr. Stancil said the property being considered tonight was from Faison Avenue to Rodie Avenue and the action being requested was to close the street but retain the right-of-way and thereby leaving the property in the City's name. Mr. Stancil stated the street could not go to Ireland Drive because of the property that had been given to the landowners. There was no one further to speak and the public hearing closed at 7:40 p.m. RESOLUTION AND ORDER CLOSING A PORTION OF LENOIR STREET. RESOLUTION NO. R1999-001. MOTION: Councilmember Smith moved to approve the resolution as written. SECOND: Councilmember Kendrick FRIENDLY AMENDMENT: Mayor Pro Tem McBryde made a friendly amendment to add sodding. Councilmember Smith said he would need to know the financial cost before he would accept the friendly amendment. City Manager Roger Stancil stated the staff would review it and if the cost were minor, they would take care of it and if the cost was major, they would come back to the Council. SUBSTITUTE MOTION: Councilmember Williams moved to postpone it for 30 days. The motion died for lack of a second. VOTE ON ORIGINAL MOTION: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Williams) C. Consideration of determining the number of Certificates of Convenience and Necessity for taxicabs operating within the City of Fayetteville for 1999. Mr. Jerome Brown, Chairman of the Taxicab Review Board, presented this item. Mr. Brown recommended maintaining the current level of 108 certificates. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:50 p.m. MOTION: Councilmember Fogleman moved to keep the current level of certificates. SECOND: Councilmember Massey VOTE: UNANIMOUS D. P98-60F. Consideration of an application by Stephanie McCrary for a Tower Overlay District as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1), in a C1P Shopping Center District, R15 Residential District for an area located at 6202 Raeford Road. Containing 25.92 acres more or less and being the property of Time Warner Entertainment as evidenced by deed recorded in Deed Book 4300, Page 347, Cumberland County Registry. Mr. Victor Sharpe, Planning Services Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended approval of an area 400' x 400'. This is the advertised public hearing set for this date and time. The public hearing opened at 7:56 p.m. Mr. William E. Clark, Attorney, appeared in favor of the rezoning on behalf of American Tower Corporation, who was under contract with Triton PCS, the applicant for the tower overlay district. Mr. Michael Flint also appeared in favor of the tower overlay. There was no one signed up in opposition and the public hearing closed at 8:02 p.m. Councilmember Kendrick inquired why a substandard tower is allowed to stand. Councilmember Smith stated he did not have a problem with a tower being placed there but he did have a problem with an area 400' x 400' in size. Councilmember Smith suggested a smaller size be used. MOTION: Councilmember Smith moved to deny the request of 400' x 400'. SECOND: Councilmember Haire SUBSTITUTE MOTION: Councilmember Kizer moved to approve the tower overlay. Mr. Cogswell stated this motion was the opposite motion. Mr. Jimmy Teal, Chief Planning Officer, stated the Planning Commission is currently looking at limiting the number of towers to three. Councilmember Talbot stated that Time Warner had nothing to do with this request from Triton and he did not want the Council to get them mixed up with each other. A discussion ensued regarding making the overlay district a smaller size. SUBSTITUTE MOTION: Councilmember Cheek moved to delay the action for two weeks. SECOND: Councilmember Worthy VOTE: Passed by a vote of 10 in favor to 2 in opposition (Councilmembers Kizer and Williams) Councilmember Kendrick stated he would like to have answers from the City engineers about the unsafe towers within the City of Fayetteville. E. P98-69F. Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 2713 Ramsey Street. Containing .24 acres more or less and being the property of Fousseny & Oumou Samoura as evidenced by deed recorded in Deed Book 4837, Page 502, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal stated a valid protest petition had been received from an adjoining property owner and because of this, nine votes would be required to rezone the property. Mr. Teal informed the Council that Mr. Cogswell considered this request to be spot zoning and after the public hearing, the Council would need to determine if it were legal or illegal spot zoning. Mr. Teal stated that the 2010 Land Use Plan and the existing land use were the criteria used to determine the recommendations given to the Council. This is the advertised public hearing set for this date and time. The public hearing opened at 8:25 p.m. The following persons appeared in favor of the rezoning: Dr. Jacob O. Balogun, 2713 Ramsey Street, Fayetteville, NC; Dr. Moses S. Walker, 3236 Barksdale Road, Fayetteville, NC; James O. McNeill, 211 Northwest Avenue, Fayetteville, NC; Imam Eronomy Muhammed, 1207 Murchison Road, Suite D, Fayetteville, NC. Mr. Billy V. Cain, 2801 Ramsey Street, Fayetteville, NC, appeared in opposition to the rezoning. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:46 p.m. MOTION: Councilmember Williams moved to rezone to P2. SECOND: Councilmember Worthy A discussion was held regarding the surrounding residential properties, and the factors considered in making a determination of spot zoning. Mr. Cogswell reviewed the legal history of spot zoning and stated it was his legal opinion to rezone this property would be spot zoning. VOTE: Failed by a vote of 5 in favor (Councilmembers Haire, Massey, Worthy, Williams, and Talbot) to 7 in opposition (Councilmembers Smith, Kendrick, Fogleman, Kizer, Milligan, McBryde, and Cheek) F. P98-70F. Consideration of the rezoning from R10 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 631, 635 & 639 Dunn Road. Containing 1.5 acres more or less and being the property of Gerald Lee Woods as evidenced by deed recorded in Deed Book 4750, Page 277, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. He reviewed the current land use and the zoning history of the area. He stated the staff recommended denial and the Zoning Commission recommended approval. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 9:15 p.m. MOTION: Councilmember Kizer moved to approve the rezoning. SECOND: Councilmember Cheek VOTE: UNANIMOUS G. P98-72F. Consideration of the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located at 315 & 401 Country Club Drive. Containing 1.67 acres more or less and being the property of Louis & Beth Benson; and Otis Johnson and Sylvan Jerkins as evidenced by deed recorded in Deed Book 2636, Page 448; 2546, Page 579, respectively Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended denial of the rezoning to R6 Residential District. This is the advertised public hearing set for this date and time. The public hearing opened at 9:16 p.m. The following persons appeared in favor of the rezoning: Matthew R. Plyler, 1014 Hay Street, Fayetteville, NC; Dr. Alfred J. Bost, Jr., 7909 Ancon Drive, Fayetteville, NC; Carmen E. Bost, 7909 Ancon Drive, Fayetteville, NC. The following persons appeared in opposition to the rezoning: Billy Williams, 308 Country Club Drive, Fayetteville, NC; Gladys Goforth, 307 Country Club Drive, Fayetteville, NC; Lee Moore, 310 Country Club Drive, Fayetteville, NC; and Donald Hays, 403 Country Club Drive, Fayetteville, NC. There was no one further to speak either in favor or opposition and the public hearing closed at 9:41 p.m. A discussion was held regarding the addition of traffic lights and a reduction in speed. Mr. Teal stated that this was a North Carolina Department of Transportation road and the City had no authority in these manners. MOTION: Mayor Pro Tem McBryde moved to follow the recommendation of the Zoning Commission to deny the rezoning. SECOND: Councilmember Massey VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Williams) H. P98-73F. Consideration of an application by Stephanie McCrary for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1) to allow a tower in an R10 Residential District for an area located at 328 Hamilton Street. Containing .148 acres (lease area) more or less and being the property of the City of Fayetteville as evidenced by deed recorded in Deed Book 2168, Page 33, Cumberland County Registry. Mr. Jimmy Teal presented this item. Mr. Teal gave a history of the zoning in the area and reviewed the land use plan. He explained the location of the proposed tower. Mr. Teal reviewed the FAA rulings on denying towers. He stated the staff recommended camouflage for this tower. Mr. Teal further explained that this was a special use permit and findings of fact would have to be made by the City Council. This is the advertised public hearing set for this date and time. The public hearing opened at 9:55 p.m. The following persons were sworn in and appeared in favor of the special use permit: William E. Clark, 145 Person Street, Fayetteville, NC; M.W. Flint, 566 Hobeau Bluff, and Stephanie McCrary, 6605 Reafield Drive (complete addresses not given). The following persons were sworn in and appeared in opposition to the special use permit: Gerald L. Melvin, 3305 Sanford Drive, Fayetteville, NC; and Betty George, 3300 Sanford Drive, Fayetteville, NC. A discussion was held regarding placing a tower in a park area. MOTION: Councilmember Williams moved to allow the tower without camouflage. SECOND: Councilmember Talbot A discussion was held regarding the fact that the camouflaging limited the tower's capacity by at least one grade. Councilmember Cheek expressed her objection to placing a tower within 500 to 1000 feet of a residential area and also in a park area. Ms. Cheek stated she felt certified letters were needed stating that co-location was not possible. VOTE: Failed by a vote of 5 in favor (Councilmembers Williams, Kizer, McBryde, Smith, and Talbot) to 7 in opposition (Councilmembers Haire, Massey, Fogleman, Milligan, Worthy, Kendrick and Cheek) City Attorney Robert Cogswell requested that a motion to reflect the basis for denial of the special use permit be made a part of the minutes. MOTION: Councilmember Cheek moved to authorize Mr. Cogswell to place in the minutes the basis for denial of the special use permit. SECOND: Councilmember Fogleman VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Williams) The basis for denial of the special use permit was the tower would be detrimental to the neighborhood. 4. Consideration of request to address City Council from Ben Watson on the subject of providing signers for the hearing impaired at City Council meetings. Mr. Ben Watson addressed the Council regarding the need for a signer at the City Council meetings. Mr. Watson stated that the cost would be from $12 to $40 per hour depending on the person's certification. Councilmember Massey requested the staff look into the request and come back to the Council. 5. Consideration of Area 3A Annexation project financing matters: Councilmember Kizer abstained from discussion or voting on this item. City Manager Roger Stancil presented this item. He requested to change the names in the Bond Order documents from Martin Fredrickson, Finance Director, to Lisa Smith, Interim Finance Director. Mr. Stancil read and summarized the bond orders. He recommended approval of the orders and setting a public hearing. A. Consideration of introduction of order authorizing $2,500,000 in street improvement bonds. RESOLUTION AUTHORIZING APPROVING ORDER AUTHORIZING $2,500,000 IN STREET BOND IMPROVEMENT BONDS AND ORDER AUTHORIZING $250,000 IN SANITARY SEWER BONDS. RESOLUTION R1999-002. MOTION: Mayor Pro Tem McBryde moved to approve the bond order authorizing $2,500,000 in street improvements bonds. SECOND: Councilmember Smith VOTE: UNANIMOUS B. Consideration of introduction of order authorizing $250,000 in sewer improvement bonds. MOTION: Mayor Pro Tem McBryde moved to approve the bond order authorizing $250,000 in sewer improvement bonds. SECOND: Councilmember Smith VOTE: UNANIMOUS C. Set public hearing for January 19, 1999, to accept public comment upon the bond orders. MOTION: Mayor Pro Tem McBryde moved to set the public hearing. SECOND: Councilmember Smith VOTE: UNANIMOUS 6. Consideration of adoption of a Resolution of Intent to consider an ordinance amending Chapter III, "Governing Body", and Chapter IV, "Elections", of the Charter of the City of Fayetteville creating four-year staggered terms for the election of the mayor and members of the city council and setting a public hearing. (Requested by Councilmember Anne Fogleman) Councilmember Fogleman presented this item. She stated she felt the public needed to have a voice and she thought a public hearing must be held. MOTION: Councilmember Fogleman moved to set a public hearing on January 19, 1999, to consider a resolution of intent to adopt four-year staggered terms. SECOND: Councilmember Milligan A discussion was held regarding staggered terms versus non-staggered terms, reducing the number of Councilmembers and two-year terms versus four-year terms. VOTE: Passed by a vote of 7 in favor (Councilmembers Milligan, Fogleman, Kizer, Cheek, Smith, Kendrick, and McBryde) to 5 in opposition (Councilmembers Haire, Massey, Williams, Worthy, and Talbot) 7. Consideration of request from Councilmember Paul Williams for the following: Councilmember Williams presented this item. A. Set a public hearing for recall provision for the City of Fayetteville. MOTION: Councilmember Williams moved to set a public hearing for recall if the four-year term was approved. SECOND: Councilmember Worthy A discussion was held. VOTE: Failed by a vote of 2 in favor (Councilmembers Williams and Talbot) to 10 in opposition. B. Set a public hearing for term limits of 12 years for the City of Fayetteville. MOTION: Councilmember Williams moved to hold a public hearing setting the term limits of 12 years for City Council. SECOND: Councilmember Talbot VOTE: Failed by a vote of 2 in favor (Councilmembers Williams and Talbot) to 10 in opposition. 8. APPOINTMENTS: A. N.C. Firemen's Relief Fund - nominations are needed to fill one vacancy. Councilmember Milligan nominated Mr. Hendrix Edge. B. Fayetteville Appearance Commission - election of nominees to fill eight vacancies (six at-large, one engineer, and one architect) Councilmember Kizer nominated Mr. Bill Vurnakes, Mr. Bob Lawson, and Mr. Richard Suggs for the at-large vacanies. Mr. Kizer stated that Mr. Ned Garber had requested his name be withdrawn from the engineering category. The following appointments were made: 1. Mr. Scott Hughes, architect vacancy, 2. Dr. Linda McAlister, at-large vacancy; 3. Martha Bramble, at-large vacancy, 4. Doug Brisson, at-large vacancy, 5. David Hill, at-large vacancy, 6. Ellen Jordan, at-large vacancy and 7. Bob Lawson, at-large vacancy C. Fayetteville Redevelopment Commission - election of nominees to fill three vacancies. Mayor Dawkins announced that Ms. Eva Ruth was not eligible for reappointment. Councilmember Cheek nominated Mr. Burney Rivenbark, CPA. The following appointments were made: 1. Mr. Burney Rivenbark 2. Mary Hales D. Personnel Review Board - election of nominees to fill three vacancies. The following appointments were made: 1. Mr. Wesley Reece Shore, Jr. 1. Mr. Moses Best Councilmember Haire requested to be excused from the remainder of the meeting. MOTION: Councilmember Kendrick moved to excuse Councilmember Haire from the remainder of the meeting. SECOND: Councilmember Worthy VOTE: UNANIMOUS Councilmember Haire left the meeting at 11:10 p.m. 9. ADMINISTRATIVE REPORTS A. Manager's report on 1997-98 Audit. City Manager Roger Stancil reported that the audit presented on December 7 reflected the City was in excellent financial condition and the financial condition of the Airport Fund was continuing to improve with the return on equity improving to 1.63 percent from less than 1 percent in 1996-1997. B. Report on joint meeting with the Hope Mills Commissioners. It was determined that issues of mutual concern and the proposed annexation agreement would be the agenda for the joint meeting. 10. Consideration of request for closed session to discuss Economic Development issue. 11. Consideration of request for closed session to discuss property acquisition. MOTION: Councilmember Kendrick moved to go into closed session to discuss economic development and property acquisition. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Haire excused) The Council went into closed session. The time was not noted. The regular session resumed. MOTION: Councilmember Worthy moved to purchase the property on the south side of Old Bunce Road of 11.5 acres in the amount of $115,000. SECOND: Councilmember Massey VOTE: UNANIMOUS INFORMATION ITEMS: 1. Copy of thank you letter to Resident Imam, Masjid Omar Ibn Sayyid, for financial support of Study Circles program. 2. Report on tax refunds less than $100. Name Year Basis City Refund Stacy Nicole Hayes 1997 Incorrect value $19.43 1998 Michelle Dannenberg 1995 Military non-resident 60.59 1996 1997 Jeffrey Collin Welch 1997 Military non-resident 62.72 Total $142.74 3. Letters concerning proposed closing of Colton Drive. 4. Report on traffic concerns in Montclair Subdivision. 5. Airport Commission - minutes of November 24, 1998. 6. Joint Senior Citizens Advisory Commission - minutes of December 8, 1998. MOTION: Councilmember Kendrick moved to adjourn the meeting. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Haire excused) REGULAR MEETING JANUARY 19, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JANUARY 19, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Darrell J. Haire (District 4) Suzan K. Cheek (District 5) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Victor Sharpe, Planning Division Manager Lisa Smith, Finance Director Steve Blanchard, PWC Manager Tom McNeill, PWC Right-of-Way Department Mick Noland, PWC Water and Sewer Department Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press MOTION: Councilmember Kendrick moved to excuse Councilmembers Haire and Cheek from the meeting. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Haire and Cheek excused) INVOCATION - PLEDGE OF ALLEGIANCE The Reverend Aaron Johnson, of Mt. Sinai Baptist Church offered the invocation followed by the Mayor leading the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins announced the Character Education Concept for January 1999 was self-discipline. City Manager Roger Stancil introduced Ms. Lisa Smith, the newly appointed Finance Director for the City of Fayetteville. 1. APPROVAL OF AGENDA Mr. Stancil requested to remove Item 5, discussion of City Council retreat with facilitator, Dick McMahon, and to add Item 2.F, consideration of condemnation authority on Skibo Road/Legend Avenue realignment; Item 2.G.1, approval to "piggyback" the City of Greensboro's, as provided by N.C.G.S. 143-129(g) for purchase of one Combination Sewer & Catch Basin Truck; Item 2.G.2, approval of low bid for construction of sanitary sewer main from Windlock Drive to Bailey Lake Road; and Item 2.G.3, approval of bid for construction of proposed Jack Britt High School sanitary sewer extension. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the addition of Items 2.F, 2.G.1, 2.G.2 and 2.G.3 and the deletion of Item 5. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmembers Haire and Cheek excused) Councilmember Kizer requested to abstain from discussion or voting on Items 3.A.1 through 3.A.8 and Item 3.C. MOTION: Councilmember Massey moved to excuse Councilmember Kizer from discussion or voting on the items as requested. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmembers Haire and Cheek excused) 2. CONSENT: MOTION: Councilmember Kizer moved to approve the consent agenda. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Haire and Cheek excused) The following items were approved: A. Correction of minutes of City Council meeting held on October 27, 1997. B. Adoption of ordinance regarding Deputy City Clerk. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DELEGATING DUTIES TO THE DEPUTY CITY CLERK. ORDINANCE NO. S1999-001. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1999. C. Set joint public hearing with Hope Mills Commissioners for February 22, 1999, 7:00 p.m., Southview High School, for consideration of the following: 1. Items of mutual concern 2. Public Hearing on Annexation Agreement D. Reschedule public hearing to consider adoption of resolutions confirming the assessment roll and levying assessments for paving of the following streets: (Suggested date: February 1, 1999) 1. Davis Street (from Davis Court to Branson Street) 2. Smith Street (from Winslow Street to Williams Street) 3. McMillan Street (from Smith Street to Rankin Street) 4. Kyle Street (from Winslow Street to Williams Street) 5. Locust Street (from S. King Street to Dead End) 6. Davis Court (from Davis Street to Dead End) 7. South Broad Street (from Chestnut Street to Russell Street) 8. South Racepath Street (from Locust Street to Dead End) E. Approve property acquisition for Arsenal Park. City Attorney Robert Cogswell recommended the Council approve $32,500 for the settlement of the City of Fayetteville vs. Julia Faulkner, Trustee. F. Consideration of condemnation authority on Skibo Road/Legend Avenue realignment. RESOLUTION OF CONSIDERATION OF CONDEMNATION AUTHORITY ON SKIBO ROAD/LEGEND AVENUE REALIGNMENT. RESOLUTION NO. R1999-004. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. G. PWC Items 1. Approval to "piggyback" the City of Greensboro's bid in the amount of $195,588.00 from Public Works Equipment and Supply, Inc. (Monroe, NC), as provided by N.C.S.G. 143-129(g) for purchase of one Combination Sewer & Catch Basin Truck. 2. Approval of low bid award to R.H. Moore Company in the amount of $392,223.00, for construction of approximately 5,458' of 15" sanitary sewer main from Windlock Drive to Bailey Lake Road. Bids were received as follows: R.H. Moore Company, Inc. (Murrells Inlet, SC) $392,223.00 Brewers Excavating, Inc. (Rural Hall, NC) $447,504.00 Sanford Contractors, Inc. (Sanford, NC) $471,401.24 McClam & Associates, Inc. (Little Mountain, SC) $491,448.00 Onsite, Inc. (Smithfield, NC) $499,308.40 T.A. Loving Company (Goldsboro, NC) $506,386.00 Atlas Resource Management, Inc. (Fayetteville, NC) $555,000.00 Detas, LLC (Kinston, NC) $561,411.00 Billings & Garrett (Raleigh, NC) $564,575.00 Bryant Electric Company, Inc. (Archdale, NC) $597,045.00 B.F. McMahon, Inc. (Columbia, SC) $684,218.00 Colt Contracting Co., Inc. (Clinton, NC) $808,440.97 Autry Grading, Inc. (Fayetteville, NC) $823,420.50 3. Approval of low bid award to B. F. McMahon in the amount of $762,094.00, for construction of proposed Jack Britt High School Off-Site 24" Sanitary Sewer Extension. Bids were received as follows: B.F. McMahon (Columbia, SC) $762,094.00 Brewer's Excavating, Inc. (King, NC) $791,031.00 ES&J Enterprises, Inc. (Autryville, NC) $794,649.00 Atlas Resource Management $863,270.00 Central Builder, Inc. $915,164.00 R.H. Moore Company, Inc. (Murrells Inlet, SC) $946,258.00 McClam and Associates (Little Mountain, SC) $976,772.00 Sanford Contractors, Inc. (Sanford, NC) $993,206.36 Colt Contracting, Inc. (Sanford, NC) $1,087,467.07 Glover Construction, Inc. (Pleasant Hill, SC) $1,159,460.00 3. PUBLIC HEARINGS: Mr. Tom McNeill, PWC Right-of-Way, presented this item. Mr. McNeill presented a project summary for the Phase II annexation cost as follows: Sewer: $17,471,699 Water $4,594,282 Drainage $3,285,486 Total Cost to Date $25,351,467 Mr. McNeill proposed the following assessment rate: 1. Single-family residential lots computed per lot at $2,605 (main charge of $2,100 & lateral charge of $505). The per lot rate is applied to all single-family platted lots and to non-platted single-family residentially zoned properties whose frontage does not exceed 200 feet. 2. For properties other than single-family residential, a per front foot rate of $23.33 with a 90 foot minimum plus the appropriate lateral charge shall apply. 3. PWC has also agreed to waive the facility investment fee (FIF) for those property owners being assessed that apply for service prior to March 1, 1999. Mr. McNeill recommended at ten-year term based on the T-bill rate. City Attorney Robert Cogswell explained the payment process used for assessments. Mr. Cogswell stated the property owners would have approximately 50 days to pay the assessments without any interest being charged. He also informed them that notices would be mailed to the owners with the deadlines for payment and the dollar amounts. Mayor Dawkins stated that Council would take no action on this item tonight and the final action would be on February 1, 1999. This is the advertised public hearing set for this date and time. The public hearing opened at 7:34 p.m. A. Consideration of adoption of resolution confirming assessment roll and levying assessments for the following areas: 1. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the Phase II sewer extensions to include utility improvements for North Bridle Creek, Scotsdale & Arran Park (Cliffdale Road, Old Bunce Road, Raeford Road, Raven Place, School Road, Wright Avenue). Ms. Barbara E. Armstrong, 337 Whippletree Lane, Fayetteville, NC, appeared in opposition to the cost of the assessment. Ms. Armstrong stated that when citizens are annexed, they are not a part of the City and financially, it is very taxing for single mothers. Ms. Armstrong stated if the City was more lenient toward the Human Services area, then the citizens would not be so hesitant and angry about being assessed. 2. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the Phase II sewer extensions to include utility improvements for Glenbrook & North Bunce Road (Bunce Road, Dorchester Place, Dublin Court, Jamaica Court, Meridion Street, Pleasant Street, Portsmouth Drive, Schaffer Street, St. Louis Street, Tarrytown Drive). Mr. J. R. Hines, 1629 Sandra Drive, Fayetteville, NC, addressed the Council and inquired as to why they were going to be billing him before the project had been completed. He also complained about the cutting of the joint of the drainage pipe in front of his home. 3. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the Phase II sewer extensions to include utility improvements for Glenhaven, Marlboro & A Portion of Bunce Road (Bunce Road, Comet Circle, Jet Circle, Kipp Circle, Lagoon Drive, Lark Court, Lark Drive, Tareyton Road, Venture Street). There was no one signed up to speak about this area. 4. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the Phase II sewer extensions to include utility improvements for Mayfair, Cloverleaf & Cresthaven (Bristol Drive, Clifford Avenue, Fanning Circle, Glenlea Circle, Lansford Drive, Leona Avenue, Libeth Place, Lynette Circle, Mount Gilead Drive, Nelson Avenue, Penfield Drive, Penfield Place, Pritchett Road, Timberland Drive). Mr. Llwellyn A. McGhee, 521 Pritchett Road, Fayetteville, NC, stated he felt the charge was too much for what had been done. Mr. McGhee stated he had been told that someone from the City would come out and check the street and no one had been by to date. Mr. McGhee stated his driveway was all mud and not concrete like it used to be. He was upset because of the way it had been done and his wife had to have four tires on her car replaced because of the condition of the roads. 5. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the Phase II sewer extensions to include utility improvements for Hollywood Heights (Conaway Drive, Crayton Circle, Dandy Road, Fanning Circle, Glenlea Circle, Hilco Drive, Hopkins Street, Kimbrook Drive, Kingsley Road, Louise Street, Lynette Circle, Malvern Circle, Pritchett Road, Regis Court, Timberland Drive, Wanda Circle, Wayside Road, Wynwood Drive) Mr. Artice Council, 6210 Timberland Drive, Fayetteville, NC, appeared on behalf of Hollywood Heights. Mr. Council stated that the residents are in favor of some assessment but not the amount being charged. He stated that $2,605 times 412 persons being charged was $1,073,260 and that was a high charge. Mr. Council stated the contractors have destroyed their neighborhood. There are potholes and dirt everywhere. He stated the neighborhood wanted a reduction in the fee and they wanted their streets fixed very soon. 6. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the Phase II sewer extensions to include utility improvements for Dunkirk Heights/Little Road (Bunce Road, Frederick Road, Ginger Circle, Little Road, Wilson Avenue). There was no one present to speak about this area. 7. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the Phase II sewer extensions to include utility improvements for Montclair, Phases I & II (Belford Road, Berwick Drive, Brighton Road, Burgoyne Drive, Chesterbrook Drive, Fenmark Place, Glensford Drive, Hermosa Court, Montclair Road, Moriston Road, Newport Road, Rock Spring Road, Stoneykirk Drive, Wellington Road, Wiltshire Road, Yorkshire Drive). Mr. Angelo Fiorentino, 805 Moriston Road, Fayetteville, NC (867-6454), inquired if he could use a yellow caution tape in front of his yard on the City right-of-way so people would not be driving on his property. Mr. Cogswell stated he could use the tape. Mr. Fiorentino stated his meter box needed to be lowered and his driveway entrance was like a speed bump because the blacktop had been poured over the dirt in the driveway. 8. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the Phase II sewer extensions to include utility improvements for Loch Lomond (Baldoon Drive, Desmond Drive, Kimridge Drive, Milburn Drive, Perth Street, Ryan Street, Sherrod Drive). No one was present to speak regarding this area. 9. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the Phase II sewer extensions to include utility improvements for Drake Park (Cape Center Drive, David Street, Faison Avenue, Hanna Street, Hicks Avenue, Ireland Drive, Isham Street, Joel Street, Miller Avenue, Rodie Avenue, Roxie Avenue, Shepard Street). Mr. Rich Groegaert, 6800 Uppingham Road, Fayetteville, NC, appeared in opposition for his rental property at 712-906 Miller Avenue, Fayetteville, NC. Mr. Groegaert stated the natural drainage had been removed and now his yard was a pond blocking egress onto his property. He stated the work had not been completed in his area and he felt the engineering work had been poor. He stated his paved driveways have dirt up to one and a half feet over them now. Mr. Grogaert stated he had contacted the Rose Group and had been told in August 1998 that they had completed what they had contracted to do and it wasn't their problem. He then contacted Jerry Croll of the City and had been told that there was a solution to the problem. Mr. Carl Malone, 1617 Ireland Drive, Fayetteville, NC, stated his concern was the price of the assessment and the way the neighborhood looked now. Mr. Malone stated he had a ditch in front of his house where he did not have one before and the sod had not been laid properly and was only from the property line to the ditch. Mr. Malone felt that all of Ireland Drive should be done like it had been done in front of the Korean church. He stated he wanted the dirt to go away. Mr. Malone stated he was 100 percent disabled and could not afford the charges. Ms. Ercel B. Bass, 706 Rodie Avenue, Fayetteville, NC, inquired about a letter she had received that stated the fees of $605 plus $500 would be dropped if you elected to hook on and she wanted to know if that was a true statement. Mayor Dawkins asked Mr. McNeill to talk to Ms. Bass. Ms. Bass stated that North Street was not paved and she requested that it be looked into because the children could use it and cut off some distance from going to school. 10. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the Phase II sewer extensions to include utility improvements Welmar Heights (Berger Drive, Elizabeth Drive, Faison Avenue, Furman Drive, Hartwell Road, Ireland Drive, Martin Court, Martindale Drive, Melrose Drive, Roxie Avenue, Sandra Drive, Thomas Drive, Wayne Lane, Wellons Drive). There was no one signed up to discuss this area. 11. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the Phase II sewer extensions to include utility improvements Evergreen Estates (Coventry Road, Edgedale Drive, Faison Avenue, Gatewood Drive, Glenwick Drive, Ireland Drive, Martindale Drive, St. Augustine Drive, St. Paul Avenue, Stratford Road, Wendover Drive). Councilmember Kendrick presented photographs that had been submitted to him for Council's viewing. Ms. Barb Baker, 1819 St. Paul Avenue, Fayetteville, NC, appeared in favor. She thanked Councilmember Kendrick for all of his help and stated the other councilmembers needed to have come out to see what had happened to their neighborhood. Ms. Baker also stated that the Council needed to consider what the people had been through before approving the recommended assessment. Ms. Mavis Solomon, 1747 St. Augustine Avenue, Fayetteville, NC, appeared in opposition. Ms. Solomon requested that the Council reconsider the fee being charged because she had been told by a reliable source that the charge could be less. There was no one further to speak either in favor or opposition and the public hearing closed at 8:20 p.m. Mr. Cogswell explained the collection process, the payment plan, the time frame required by the North Carolina General Statutes and how an assessment affects the buying and selling of a home. He stated that usually a seller would pay the lien when the property was sold. Mr. Cogswell stated there was no lien on the property until the Council confirmed the assessment roll. Mr. Tom McNeill, of PWC, explained that the $500 facility investment fee was being waived until March 1, 1999. He stated that after that date, an additional $500 fee would be charged to hook up. He pointed out that this is not a part of the assessment price. Mayor Dawkins gave out telephone numbers for citizens to call. Mr. McNeill stated there was a form in the back that could be filled out and turned into PWC for follow-up. Mayor Dawkins asked to be excused from the remainder of the meeting. MOTION: Councilmember Massey moved to excuse Mayor Dawkins. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmembers Haire and Cheek excused) Mayor Pro Tem McBryde presided over the remainder of the meeting. B. Consideration of adoption of a resolution ordering the closing of Davie Street and the portion of Caswell Street (also known as Cashwell Street) between Hillsboro Street and Bragg Boulevard. City Manager Roger Stancil presented this item. He recommended approval. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 8:45 p.m. RESOLUTION AND ORDER CLOSING A PORTION OF CASWELL STREET AND ALL OF DAVIS STREET. RESOLUTION NO. R1999-005. MOTION: Councilmember Worthy moved to close the streets. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmembers Haire and Cheek excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. C. Consideration of the Order authorizing $2,500,000 Street Improvement Bonds and the Order authorizing $250,000 Sanitary Sewer Bonds Councilmember Kizer abstained from discussion or voting on this item. City Manager Roger Stancil presented this item. He requested that the two bond orders be voted on separately. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 8:46 p.m. MOTION: Councilmember Smith moved to authorize the order authorizing $2,500,000 for street improvement bonds. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmembers Haire and Cheek excused) (Councilmember Kizer abstaining) MOTION: Councilmember Kendrick moved to authorize the order authorizing $250,000 for sanitary sewer bonds. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmembers Haire and Cheek excused) (Councilmember Kizer abstaining) ORDER AUTHORIZING $2,500,000 STREET IMPROVEMENT BONDS AND ORDER AUTHORIZING $250,000 SANITARY SEWER BONDS. RESOLUTION NO. R1999-006. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 4. P98-60F. Consideration of an application by Stephanie McCrary for a Tower Overlay District as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1), in a C1P Shopping Center District, R15 Residential District and R10 Residential District for an area located at 6202 Raeford Road. Containing 25.92 acres more or less and being the property of Time Warner Entertainment as evidenced by deed recorded in Deed Book 4300, Page 347, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal explained that the Council had delayed action on this item for two weeks to allow the applicant to reduce the size of the proposed tower overlay district. Mr. Teal stated that Triton had reduced the area from 400' x 400' to 120' x 350'. MOTION: Councilmember Smith moved to approve the reduction as stated. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Haire and Cheek excused) 5. Discussion of City Council Retreat with Facilitator, Dick McMahon. This item was removed from the agenda. 6. APPOINTMENTS: A. Fayetteville Appearance Commission: one engineer vacancy. One nomination/appointment needed. Michele Allen was nominated by Councilmember Kizer. Ms. Allen was unanimously appointed to a first term for the engineer vacancy. B. Fayetteville Redevelopment Commission: one vacancy. One nomination/appointment needed. Councilmember Massey nominated Mr. Theodore Lindsey for reappointment to a second term. Mr. Lindsey was unanimously appointed to his first full five-year term. C. Personnel Review Board: one vacancy. One nomination/appointment needed. Councilmember Worthy nominated Mr. Reuben Pettiford. Mr. Pettiford was unanimously appointed to his first two-year term. D. N.C. Firemen's Relief Fund: one vacancy. One nomination made as follows: Hendrix Edge Councilmember Milligan withdrew her nomination of Hendrix Edge and nominated Mr. Scott Kelly for a second term. Mr. Kelly was unanimously appointed to his second term. E. Human Relations Commission: ex officio appointment needed for Pope Air Force Base as follows: Capt. Craig L. Robinson as the primary ex officio member. Capt. Craig L. Robinson was unanimously appointed as the primary ex officio member for Pope Air Force Base. 7. ADMINISTRATIVE REPORTS A. Report on request from N.C. DOT for comments on replacement of Person Street Bridge over the Cape Fear River. The Council concurred with staff's recommendations for the Cape Fear River Bridge and the Person Street Bridge. B. Report on status of Cable TV Franchise Renewal Process INFORMATION ITEMS: 1. Statement of taxes collected for the month of December 1998, from the Cumberland County Tax Collector. 1998 Taxes $3,843,299.27 1998 Vehicle Taxes 263,151.06 1998 Revit 26,932.24 1998 Vehicle Revit 462.29 1998 FVT 31,812.00 1998 Storm Water 324,600.69 1997 Taxes 27,083.95 1997 Vehicle Taxes 21,697.45 1997 Revit 64.78 1997 Vehicle Revit 0.00 1997 FVT 2,785.00 1997 Storm Water 2,545.18 1996 Taxes 12,065.17 1996 Vehicle Taxes 1,198.88 1996 Revit 27.41 1996 Vehicle Revit 0.00 1996 FVT 190.00 1996 Storm Water 945.19 1995 Taxes 2,985.78 1995 Vehicle Taxes 57.13 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 20.00 1995 Storm Water 312.01 1994 & Prior Taxes 2,978.95 1994 & Prior Vehicle Taxes 237.11 1994 & Prior Revit 0.00 1994 & Prior Vehicle Revit 0.00 1994 & Prior FVT 75.00 Interest 9,545.80 Interest (Revit) 6.58 Interest (Storm Water) 535.10 Fayetteville Discount 1.37 Revit. Discount (0.09) Total Collections $4,575,615.30 2. Information on Co-location Options for Towers. (Response to request from Councilmember Suzan Cheek) 3. Police Department - monthly report from the Office of Professional Standards for the month of December 1998. 4. Planning Department - monthly report for December 1998. Inserted in packet) MOTION: Councilmember Fogleman moved to adjourn the meeting. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmembers Haire and Cheek excused) The meeting adjourned at 8:55 p.m. INFORMATION MEETING JANUARY 25, 1999 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER JANUARY 25, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large) (arrived at 7:50 p.m.); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Victor Sharpe, Planning Division Manager Scott Dorney, Chief Human Resources Officer Lisa Smith, Chief Financial Officer Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Worthy, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins announced the Character Education Concept for January 1999 was self-discipline. Mayor Pro Tem McBryde announced that on January 26, 1999, the Mayor and his wife, Mary Anne, would be celebrating their 41st wedding anniversary. 1. APPROVAL OF AGENDA MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Kizer until he arrived at the meeting. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Kizer excused) MOTION: Councilmember Kendrick moved to approve the agenda. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Kizer excused) Mayor Dawkins announced that after the public hearing, the meeting would move to the Lafayette Room. 2. PUBLIC HEARINGS: Mayor Dawkins announced that everyone would get to speak at the public hearing. He requested that everyone limit themselves to three minutes. A. Consideration of adoption of an ordinance amending Chapter III, "Governing Body", and Chapter IV, "Elections", of the Charter of the City of Fayetteville creating four-year staggered terms for the election of the mayor and members of the City Council. City Attorney Robert Cogswell presented this item. Mr. Cogswell stated this was a public hearing set for this date and time for the revision of the City Charter. Mr. Cogswell stated a resolution had been adopted and as part of that resolution, a public hearing had been set to be held within 45 days. The hearing tonight had been advertised two successive Fridays and was being held with the implementation as advertised for four-year staggered terms for the members of the Council and a four-year term for the Mayor. He stated that in the 1999 election, Districts 1 through 6 would be elected for four years with the remaining districts and Mayor being elected for two-year terms. In the 2001 election, the remaining Districts 7 through 9 and the Mayor would be elected to four-year terms. After that the elections would be on a staggered basis. Mr. Cogswell explained the public hearing would be tonight and the earliest any action could be taken would be at the February 1, 1999, meeting. This is the advertised public hearing set for this date and time. The public hearing opened at 8:10 p.m. The following persons appeared in favor of four-year staggered terms: 1. Susan Shereff, 139 Hunter Circle, Fayetteville, NC; 2. James Hunt, 5737 Dobson Drive, Fayetteville, NC; 3. Walter Swing, 5729 Dobson Drive, Fayetteville, NC; and 4. George Turner, 601 Greenland Drive, Fayetteville, NC. The following persons appeared in opposition to the four-year terms: 1. Brian Irving, 1713 Veanna Drive, Fayetteville, NC; 2. Charles Astrike, 5407 Tarheel Drive, Fayetteville, NC; 3. Christian G. Davis, 910 Faison Avenue, Fayetteville, NC; 4. Jack Adams, 7106 Tilton Court, Fayetteville, NC; 5. Jack Tuohey, 6428 Greengate Hill Road, Fayetteville, NC; 6. Moses Best, 1824 Broadell, Fayetteville, NC; 7. Joe Scheffler, 625 Welsh Place, Fayetteville, NC; 8. Joe Kinsey, 512 York Street, Fayetteville, NC; 9. Bryce Neier, 403 Rollingwood Circle, Fayetteville, NC; 10. David L. Padgett, 807 Cape Fear Avenue, Fayetteville, NC; 11. Gladys Preston, 624 Carrol Avenue, Fayetteville, NC; 12. James P. Burgio, 314 Reid Court, Fayetteville, NC; 13. Jeff Long, 4805 Eagle Court, Fayetteville, NC; 14. Martha A. Duell, 611 Westmont Drive, Fayetteville, NC; 15. Mable C. Smith, 1606 Deep Creek Road, Fayetteville, NC; 16. Robert C. Anderson, 511 Argyll Road, Fayetteville, NC; 17. Rev. Gene A. King, 1619 Coley Drive, Fayetteville, NC. Councilmember Kizer arrived at the meeting at 7:50 p.m. There was no one further to speak either in favor or opposition. The public hearing closed at 8:10 p.m. Mayor Dawkins reminded everyone that if there were no at-large candidates and only 9 single districts, the citizens would be giving up approximately 89 percent of their voting rights. He stated there were multiple issues the Council needed to address. Councilmember Milligan stated she believed in the four-year staggered terms, long-range planning, and she felt the Council needed four years to work for the City and the people. MOTION: Councilmember Milligan moved to take this issue to a referendum so the public can vote on this and place it on the agenda for the February 1, 1999, meeting. Mr. Cogswell asked Councilmember Milligan if she wanted an ordinance on the next agenda for a four-year staggered term subject to a referendum. Councilmember Milligan stated this was what she wanted. Councilmembers Massey, Williams, Talbot, Worthy and Haire stated they were not opposed to the referendum but were opposed to the whole idea. Councilmember Smith requested that the Council and citizens consider over the next week the reduction of the number of councilmembers, the length of the terms, and the structure of the terms. SECOND: Councilmember Kendrick VOTE: Passed by a vote of 8 in favor (Councilmembers Kendrick, McBryde, Talbot, Smith, Fogleman, Kizer, Milligan and Williams) to 4 in opposition (Councilmember Haire, Cheek, Worthy and Massey) Mayor Dawkins stated the length of terms discussion was over for the night and it would be done next week as an agenda item. MOTION: Councilmember Kendrick made a motion to move into the Lafayette Room. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS 3. Discussion of City Council Retreat with Facilitator, Dick McMahon. City Manager Roger Stancil introduced Mr. Dick McMahon. A discussion was held regarding the priorities the Council would like to discuss at their retreat. It was determined that the Council's expectations of the City Manager would be discussed along with a review of the status of the Council's current goals and the directions in which the Council would like to proceed. MOTION: Councilmember Worthy moved to hire Mr. Dick McMahon as a facilitator for their annual retreat on the same basis as last year. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS 4. Consideration of adoption of Legislative Goals. City Manager Roger Stancil presented this item. Mr. Stancil recommended the Council adopt the North Carolina League of Municipalities' Legislative Goals in addition to the following three items: Red light violations. At a recent Council meeting the staff was authorized to do what it takes to make this program happen in Fayetteville as it does in Charlotte. Mr. Stancil stated the first step would be for the General Assembly to give Fayetteville the same authority and he recommended making this a priority with the delegation. One cent sales tax. Mr. Stancil recommended emphasizing the NCLM's position of supporting the additional one-cent local sales tax for capital needs provided there is a full municipal share. Electric industry restructuring. Mr. Stancil recommended the City continue to work with the consultants and ultimately the committee appointed by the Mayor to bring back recommendations about this critical issue. Until then, he suggested the City of Fayetteville's priority with the delegation be the "first do no harm." This included taking no action that will affect the City's ability to make transfers between its various funds. Mr. Stancil explained this ability is critical for the Council to be able to make decisions about local priorities. He stated it is in the City of Fayetteville's interests for the General Assembly to take its time addressing this issue. Although ElectriCities is pushing for action in the upcoming session, our interests would best be served by taking more time to understand the impact of any action taken. A discussion was held about the League's goals. MOTION: Mayor Pro Tem McBryde moved to adopt the Leagues goals and policies with the exception of the electric industry restructuring. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 5. Presentation on alarm ordinance by Deputy Chief Glenn Mowrey, Charlotte Police Department. Deputy Chief Glenn Mowrey, of the Charlotte Police Department, made a presentation on the false alarm billing and tracking process currently being used by the Charlotte-Mecklenburg Police Department. A discussion was held with Councilmembers asking questions about the procedure and the issue of privatization versus internal collection. MOTION: Councilmember Smith moved to excuse Councilmembers Cheek and Haire. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) MOTION: Councilmember Smith moved to have Mr. Stancil pursue this issue with the help of Chief Hansen and the Charlotte-Mecklenberg Police Department. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) 6. APPOINTMENTS: A. Nominations and elections to fill four vacancies on Fayetteville Financing Corporation. MOTION: Councilmember Kendrick moved to appoint Roger Stancil, Lisa Smith, David Little and Frank Toliver to the City of Fayetteville Finance Corporation. SECOND: Councilmember Smith VOTE: UNANIMOUS INFORMATION ITEMS: 1. Copies of thank you letters from City Manager to PWC staff for work during annexation project. 2. FAEDC - minutes of November 17, 1998, and President's Monthly Activities Report. 3. PWC - minutes of December, 9, 1998. 4. Copy of information on storm water program expansion submitted to the County Manager and Commissioners. 5. FACVB - minutes of December 10, 1998. MOTION: Councilmember Smith moved to adjourn. SECOND: Councilmember Massey VOTE: UNANIMOUS The meeting adjourned at 9:50 p.m. REGULAR MEETING FEBRUARY 1, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 1, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5) (arrived at 7:17 p.m.); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Craig Hampton, Administrative Services Director Victor Sharpe, Planning Division Manager Scott Dorney, Chief Human Resources Officer Lisa Smith, Chief Financial Officer Tom McNeill, Director of PWC Special Projects Mick Noland, PWC Water and Sewer Department Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Ben West, of Westminster Presbyterian Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. MOTION: Councilmember Kendrick moved to excuse Councilmember Cheek until she arrived at the meeting. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Cheek excused) RECOGNITION: Mayor Dawkins presented a Certificate of Appreciation to Mr. L.E. Darnes for his heroic response which saved the life of a fellow employee while a third party was attacking her. Mr. Darnes received a standing ovation from the Councilmembers and the audience. Mayor Dawkins announced the Character Education Concept for February 1999 was trustworthiness. 1. APPROVAL OF AGENDA Councilmember Kizer requested to abstain from discussion or voting on Items 4.A-H. MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Kizer to abstain from discussion or voting on Items 4A-4-H. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Cheek excused and Councilmember Kizer abstaining) City Attorney Robert Cogswell stated that in Item 2.G the request for legal representation had been made by Chief Hansen, Charles W. Campbell and R.M. Bundy in the lawsuit, Person vs. Ron Hansen, et als, 98 CVS 7925. Mr. Cogswell stated the City Attorney's office would be representing the employees. Mr. Cogswell stated that all officers were acting within the course and scope of their employment at the time of the incident and were entitled to legal representation pursuant to North Carolina General Statute 168-167 and the applicable provisions of the Fayetteville City Code. MOTION: Councilmember Kizer moved to approve the agenda with the addition of information on Item 2.G. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Cheek excused) 2. CONSENT: Mayor Dawkins presented the consent agenda. Councilmember Kendrick requested to pull Item 2.D. MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exception of Item 2.D. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Cheek excused) The following items were unanimously approved with Councilmember Cheek excused: A. Approve minutes of information meeting of November 23, 1998. B. Approve minutes of regular meeting of December 21, 1998. C. Approve tax refunds greater than $100. Name Year Basis City Refund Fayetteville Associates 1997 Value Adjusted $3,248.20 1998 Precision Machine Technologies Inc. 1997 1994 Overstatement of Business 640.67 Personnel Property Total $3,888.87 D. Pulled for discussion. E. Approve drug and alcohol testing report to the Federal Transit Administration and authorize the Chief Human Resources Officer to certify F.T.A. anti-drug and alcohol misuse prevention program compliance for 1998. F. Authorize Mayor to sign letter of commitment for the Blanton Greens Apartment project. G. Approve request for legal representation. The request for legal representation was from Chief Hansen, Charles W. Campbell, and R.M. Bundy; Person vs. Ron Hansen, et als., 98 CVS 7925. D. Adopt resolution authorizing condemnation of seven parcels for The Village Drive Drainage Project. Councilmember Kendrick pulled this item for discussion of the condemnation process. MOTION: Councilmember Kendrick moved to delay the item for two weeks until the February 15, 1999, meeting. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Cheek excused) 3. PUBLIC HEARINGS: Councilmember Cheek arrived at 7:17 p.m. A. Consideration of adoption of resolutions confirming the assessment roll and levying assessments for paving of the following streets: City Manager Roger Stancil presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:18 p.m. MOTION: Councilmember Kendrick moved to approve the assessment rolls as presented. SECOND: Councilmember Smith VOTE: UNANIMOUS The following assessment rolls were approved at 7:19 p.m.: 1. Davis Street (from Davis Court to Branson Street) RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1999-007. 2. Smith Street (from Winslow Street to Williams Street) RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1999-008. 3. McMillan Street (from Smith Street to Rankin Street) RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1999-009. 4. Kyle Street (from Winslow Street to Williams Street) RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1999-0010. 5. Locust Street (from S. King Street to Dead End) RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1999-011. 6. Davis Court (from Davis Street to Dead End) RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1999-012. 7. South Broad Street (from Chestnut Street to Russell Street) RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1999-013. 8. South Racepath Street (from Locust Street to Dead End) RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1999-014. Copies of the foregoing resolutions are on file in the City Clerk office in Resolution Book R1999. 4. Consideration of adoption of resolution confirming assessment roll and levying assessments for the following areas: A. North Bridle Creek, Scotsdale & Arran Park: Cliffdale Road, Old Bunce Road, Raeford Road, Raven Place, School road, Wright Avenue. B. Glenbrook & North Bunce Road: Bunce Road, Dorchester Place, Dublin Court, Jamaica Court, Meridion Street, Pleasant Street, Portsmouth Drive, Schaffer Street, St. Louis Street, Tarrytown Drive. C. Glenhaven, Marlboro & A Portion of Bunce Road: Bunce Road, Comet Circle, Jet Circle, Kipp Circle, Lagoon Drive, Lark Court, Lark Drive, Tareyton Road, Venture Street. D. Mayfair, Cloverleaf & Cresthaven: Bristol Drive, Clifford Avenue, Fanning Circle, Glenlea Circle, Lansford Drive, Leona Avenue, Libeth Place, Lynette Circle, Mount Gilead Drive, Nelson Avenue, Penfield Drive, Penfield Place, Pritchett Road, Timberland Drive. E. Hollywood Heights: Conaway Drive, Crayton Circle, Dandy Road, Fanning Circle, Glenlea Circle, Hilco Drive, Hopkins Street, Kimbrook Drive, Kingsley Road, Louise Street, Lynette Circle, Malvern Circle, Pritchett Road, Regis Court, Timberland Drive, Wanda Circle, Wayside Road, Wynwood Drive. F. Dunkirk Heights/Little Road: Bunce Road, Frederick Road, Ginger Circle, Little Road, Wilson Avenue. G. Montclair, Phases I & II: Belford Road, Berwick Drive, Brighton Road, Burgoyne Drive, Chesterbrook Drive, Fenmark Place, Glensford Drive, Hermosa Court, Montclair Road, Moriston Road, Newport Road, Rock Spring Road, Stoneykirk Drive, Wellington Road, Wiltshire Road, Yorkshire Drive. H. Loch Lomond: Baldoon Drive, Desmond Drive, Kimridge Drive, Milburn Drive, Perth Street, Ryan Street, Sherrod Drive. I. Drake Park: Cape Center Drive, David Street, Faison Avenue, Hanna Street, Hicks Avenue, Ireland Drive, Isham Street, Joel Street, Miller Avenue, Rodie Avenue, Roxie Avenue, Shepard Street. J. Welmar Heights: Berger Drive, Elizabeth Drive, Faison Avenue, Furman Drive, Hartwell Road, Ireland Drive, Martin Court, Martindale Drive, Melrose Drive, Roxie Avenue, Sandra Drive, Thomas Drive, Wayne Lane, Wellons Drive. K. Evergreen Estates: Coventry Road, Edgedale Drive, Faison Avenue, Gatewood Drive, Glenwick Drive, Ireland Drive, Martindale Drive, St. Augustine Drive, St. Paul Avenue, Stratford Road, Wendover Drive. City Attorney Robert Cogswell stated that Councilmember Kizer needed to abstain from voting on all of these items. MOTION: Mayor Pro Tem McBryde moved that Councilmember Kizer abstain from discussion or voting on all of the items in Item 4. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Kizer abstaining) Mr. Tom McNeill, Special Projects Manager for PWC, presented this item and recommended approval. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION R1999-015. MOTION: Councilmember Worthy moved to approve the assessments at the current t-bill rate of 4.74 percent to be fixed for a term of 10 years. SECOND: Councilmember Talbot VOTE: UNANIMOUS (Councilmember Kizer abstaining) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 5. Consideration of amending City Charter to create four (4) year staggered terms for the election of the mayor and members of city council: A. Adoption of an ordinance of the City Council of the City of Fayetteville amending Chapter III, "Governing Body", and Chapter IV, "Elections", of the Charter of the City of Fayetteville creating four-year staggered terms for the election of the mayor and members of the city council, subject to referendum. B. Adoption of a resolution setting a special election to consider amending Chapter III, "Governing Body", and Chapter IV, "Elections", of the Charter of the City of Fayetteville creating four-year staggered terms for the election of the mayor and members of the city council. (Consideration of "B" pursuant to adoption of "A". C. Approval of a ballot for special election amending Chapter III, "Governing Body", and Chapter IV, "Elections", of the Charter of the City of Fayetteville creating four-year staggered terms for the election of the mayor and members of the city council. (Consideration of "C" pursuant to adoption of "A" and "B") MOTION: Councilmember Milligan moved that Council continue Item 5.A until the first regular Council meeting in February of 2000 and appoint a task force of citizens who will consult with Jerry Wilson and the League of Municipalities or the Institute of Government to gather information on the following: the size of the Council, district lines, composition of the Council, and two- or four-year terms. The Mayor and each Councilmember shall make one appointment to this task force, which shall be appointed no later than March 15, 1999, and report back to the Council no later than February 7, 2000. SECOND: Councilmember Smith A lengthy discussion was held regarding the pros and cons of the size of the Council, multi-member districts versus single-member districts, the length of the Council terms, recall, and district boundaries. All Councilmembers expressed their support for a referendum for the voters. A discussion was held regarding the forming of an ad hoc task force which would be representative of the community. The task force would have the responsibility of holding public meetings for input by the citizens. MOTION: Mayor Pro Tem McBryde moved to call the question. SECOND: Councilmember Kendrick VOTE: Passed by a vote of 9 in favor (Councilmembers Cheek, McBryde, Kendrick, Worthy, Talbot, Fogleman, Kizer, Milligan and Haire) to 3 in opposition (Councilmembers Williams, Smith and Massey) Mayor Dawkins stated no further discussion would be held on the item. The original motion was restated for clarification. VOTE ON ORIGINAL MOTION: Passed by a vote of 7 in favor (Councilmembers McBryde, Cheek, Kendrick, Smith, Fogleman, Kizer, and Milligan) to 5 in opposition (Councilmembers Worthy, Talbot, Williams, Massey and Haire) 6. Consideration of request for permit for special event signs for the following: A. "Craftsmen's Spring Festival/Antiques and Collection Show." B. Homebuilders Association of Fayetteville Annual Parade of Homes. MOTION: Councilmember Kendrick moved to approve Items A & B. SECOND: Councilmember Worthy VOTE: Passed by a vote of 10 in favor to 2 in opposition (Councilmembers Kizer and Smith) 7. Consideration of Option and License Agreement between City of Fayetteville and Triton PCS for Cross Creek Plaza site. Mr. Tom McNeill of PWC presented this item. He stated that because Triton had a need to install a tower in this area, PWC was proposing to increase the height of their first utility pole located North of Morganton Road behind and between Baskin Robbins Ice Cream and Lone Star Steak House from 70 to 80 feet in order not to exceed the overall height of the originally proposed structure by more than 15 percent. Mr. McNeill reviewed the cost of the tower and stated that Triton would be responsible for all increased costs, installation of the pole, securing PWC plan approval, transferring ownership of the pole to PWC by separate instrument, securing all zoning and inspections permits as may be required, as well as negotiating a rental rate with the fee owner for equipment cabinets that will be located along or within our easement. PWC, in turn, will receive annual rental based on $12,000 per year that will increase at a rate of 3 percent per year to offset inflation. Mr. McNeill recommended approval. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Smith A discussion was held about the procedure being used. Councilmember Cheek stated she did not feel it was a good practice to do this without comments from the neighborhood. Councilmembers Talbot, Smith, Worthy, Williams and Fogleman expressed their support for the motion. Councilmember Kendrick requested that in the future a visual picture be presented with similar requests. MOTION: Councilmember Massey moved to call the question. SECOND: Councilmember Kizer VOTE: Passed by a vote of 10 in favor to 2 in opposition (Councilmembers Cheek and Kendrick) ORIGINAL MOTION VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Cheek ) 8. Consideration of award of contract to audit accounts for Fiscal Year 1998-99. MOTION: Councilmember Kendrick moved to approve awarding the contract to Cherry, Bekaert & Holland. SECOND: Councilmember Milligan VOTE: UNANIMOUS 9. Report from Council Development Committee. Councilmember Cheek, Chairperson of the Council Development Committee, presented this report. ITEM I Presentation by Harry Whalen, President, FAEDC, and Cliff Strassenburg, County Manager. Councilmember Cheek reported that Mr. Harry Whalen, president of FAEDC, had stated he felt the City, County and PWC and other community agencies had given FAEDC very good support for the economic development of the City, and Mr. Cliff Strassenburg, County Manager had reported the City and County were continuing to work together on economic development which was benefiting everyone. ITEM 2 Discussion of proposed contracts with Fayetteville Partnership. Councilmember Cheek stated that a discussion had been held regarding the proposed contracts with Fayetteville Partnership and it had been decided that in the future their services would be based on not only products but also on the accomplishments that had occurred so that a determination could be made of the City's return on its investment. MOTION: Councilmember Cheek moved to approve the contract. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS ITEM 3 Report of comparisons of City of Fayetteville Commercial and Professional Zoning Districts to other cities in North Carolina. Councilmember Cheek reported there had been discussion regarding the establishment of another professional zone designation that would require business to blend with the neighborhood character at that particular location. MOTION: Councilmember Cheek moved to authorize the planning staff to come back with a new concept regarding professional or another zone which would require a business to more closely match the residential character. SECOND: Mayor Pro Tem McBryde VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Kizer) 10. Consideration of approval of submission of application for proposed State Development Zone designation. Mr. Ben Brown, Chief Development Officer, presented an overview of the proposed State Development Zone being recommended by the City staff in collaboration with Fayetteville Partnership for submission to the North Carolina Department of Commerce. Mr. Brown explained the purpose of the zone, the businesses which are eligible for grants, the zone requirements, and the tax credit benefit a business could receive. A discussion was held regarding the location of the current industrial park in relation to the proposed development zone. MOTION: Councilmember Kendrick moved to approve the submission of the application. SECOND: Councilmember Cheek VOTE: UNANIMOUS 11. Briefing by Rice, Williams, Cablevision consultants, regarding status of ongoing franchise negotiations. Ms. Jean Rice, of Rice, Williams Associates, reviewed the consortium's major negotiation issues with Time Warner. Ms. Rice explained the process that had been followed to date and the procedures to come in the future. Ms. Rice recommended waiting 30 days to see if the consortium resolved issue with TWE-AN and if not the City could deny the informal process and direct their staff to commence the formal process and reissue the RFRP. She stated Council's other options were to accept the proposal as is or to deny it totally. A discussion was held regarding projected costs to subscribers, the lack of governmental control of the rates charged, the deregulation of the second tier (channels 18 and above) in March, the program and packages being offered by Time Warner, increased uses of the education and community channels for governmental purposes, and the ability of Time Warner to charge for maintenance of equipment. MOTION: Councilmember Kizer moved to go with the consortium's recommendation and wait 30 days to make a decision. SECOND: Councilmember Smith Ms. Rice stated that the Council's decision must be made on the needs of the local community and not on what services other communities have. She stated the Council would be the body that would decide if their needs have been met. SUBSTITUTE MOTION: Councilmember Haire moved to drop Time Warner at this time. City Attorney Robert Cogswell stated the motion was out of order at this time. VOTE: Passed by a vote of 10 in favor to 2 in opposition (Councilmembers Worthy and Haire) 12. Consideration of directing the City Manager and staff to look at options to avoid dumping City household trash in the heart of the City. (Requested by Councilmember Paul Williams) Councilmember Williams presented this item. MOTION: Councilmember Williams moved to have the staff come back with other options for a landfill. SECOND: Councilmember Talbot Councilmember Smith stated he felt the City needed to be cautious with this issue because of the relationship with the County. This could reduce the County's revenue and he could not support the motion. Councilmember Talbot stated he supported the spirit of the motion and the City needed to work with the County to remove a landfill within the inner City. SUBSTITUTE MOTION: Councilmember Cheek moved to add to the agenda for goal setting of issues to be discussed between the City and the County. SECOND: Councilmember Kendrick VOTE: Passed by a vote of 10 in favor and 2 in opposition (Councilmembers Williams and Talbot) 13. APPOINTMENTS: A. Senior Citizens Advisory Commission - nominations are needed to fill two vacancies. MOTION: Mayor Pro Tem McBryde moved to remove Sarah Gonzalez as requested by the Commission's chairman. SECOND: Councilmember Fogleman VOTE: UNANIMOUS MOTION: Councilmember Kendrick moved to accept Mr. Nat Robertson's resignation. SECOND: Councilmember Worthy VOTE: UNANIMOUS Councilmember Haire nominated Greta Reese to fill one vacancy. Councilmember Fogleman nominated Ms. Frances Leary to fill in the second vacancy. 14. ADMINISTRATIVE REPORTS A. Report on request from the Planning Commission for the City Council to consider in their budgetary process an additional position for the purpose of obtaining grants for the City Planning Division. B. Update on HUD Annual Assessment Report. C. Report on Community Development mid-year status of 98-99 One Year Action Projects. D. Year End Report for Cross Creek District. The above reports were submitted in written form to the Council and reviewed at the meeting. INFORMATION ITEMS: 1. Report on tax refunds less than $100. Name Year Basis City Refund David Martin Docarmo 1997 Military non-resident $6.49 Annie Searlette Tysor 1997 Duplicate payment 11.83 William Coutouzie & Wife 1998 Adjusted value 11.99 Euplio Ricardo Marciano 1997 Military non-resident 12.87 Kelly Glen MacDonald 1997 Military non-resident 24.39 David J. Breeding, Sr. 1998 Corrected value 30.81 Richard John Lisacki 1997 Military non-resident 32.62 David Fernandez 1996 Military non-resident 79.05 1997 Sullivan Wholesale, Inc. 1998 Clerical error 45.18 Jacqualyn Patrell Tate 1996 Military non-resident 51.15 Kelly Garrett 1997 Military non-resident 62.96 Keith Grifer 1997 Military non-resident 66.88 Robert Christain Johnson 1997 Military non-resident 69.89 Debois Clifton T/A Customcraft 1994 Amended assessment 90.48 Business Systems 1995 1996 Total $596.59 2. Information from NC Association of Regional Councils regarding nominations for the N.C. Intergovernmental Relations Award. 3. Redevelopment Committee - minutes of November 12 and December 9, 1998. 4. Parks and Recreation Advisory - minutes of November 23, 1998. 5. PWC - minutes of January 13, 1999. MOTION: Mayor Pro Tem McBryde moved to adjourn the meeting. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The meeting adjourned at 9:47 p.m. PLANNING RETREAT FEBRUARY 5, 1999 FAYETTEVILLE CITY COUNCIL PLANNING RETREAT RAYMOND A. MUENCH, JR., OPERATIONS CENTER FEBRUARY 5, 1999 5:30 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (At-Large); Anne D. Fogleman (At-Large); James M. Kizer, Jr. (At-Large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5) (arrived at 7:00 p.m.); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Dick McMahon, Facilitator Laura Kinsler, Fayetteville Observer-Times The meeting was called to order by the Mayor at 6:25 p.m. A discussion ensued of the expectations of the City Manager by the members of the City Council. Mr. Stancil then responded with his expectations of the City Council. Finally, the members of the City Council discussed the expectations of each other. City Council then began a discussion of their goals for the 1999-2000 fiscal year. At 8:30 p.m. a motion was made by Councilmember Kendrick to continue the meeting until the next morning at 8:30 a.m., seconded by Councilmember Massey, and carried unanimously. PLANNING RETREAT CONTINUATION FEBRUARY 6, 1999 CONTINUATION OF PLANNING RETREAT RAYMOND A. MUENCH, JR., OPERATIONS CENTER FEBRUARY 6, 1999 8:30 A.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (At-Large); Anne D. Fogleman (At-Large); James M. Kizer, Jr. (At-Large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Dick McMahon, Facilitator Laura Kinsler, Fayetteville Observer-Times The meeting was called to order by the Mayor at 8:35 a.m. A further discussion was held of the goals of the City Council for the 1999-2000 fiscal year. A copy of those goals as officially approved by the City Council is attached hereto. A motion was made by Councilmember Kendrick at 2:00 p.m. to adjourn, seconded by Councilmember Haire, and it passed unanimously. REGULAR MEETING FEBRUARY 15, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 15, 1999 7:00 P.M. Present: Mayor Pro Tem McBryde Councilmembers Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Mayor J. L. Dawkins Councilmember Suzan K. Cheek (District 5) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Victor Sharpe, Planning Division Manager Kathy Kem, Planning Division Staff Brad Whited, Airport Director Lisa Smith, Chief Financial Officer Tom McNeill, Director of PWC Special Projects James Rose, PWC Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Gloria Thomas, Assistant Pastor, Bethel Elelohe Israel Church, followed by the Mayor Pro Tem McBryde leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Pro Tem McBryde presented Ms. Maria Constas, Chair of the Human Relations Commission, and Mr. Charles Evans, a member of the Commission, with a proclamation declaring the month of February 1999 as Human Relations Month. Mayor Pro Tem McBryde presented a proclamation to Councilmember Kizer proclaiming February 14 to 20, 1999, as Engineers' Week. Mayor Pro Tem McBryde announced the Character Education Concept for February 1999 was trustworthiness. MOTION: Councilmember Massey moved to excuse Mayor Dawkins and Councilmember Cheek from the meeting. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Cheek excused) MOTION: Councilmember Smith moved to add an item to the agenda, adoption of joint resolution of cooperation with the County. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Cheek excused) Mayor Pro Tem McBryde stated this would be Item 14.B Councilmember Worthy requested to be excused from the remainder of the meeting after the break. 1. Consideration of Council recommending to T.A.C. that the Glensford Drive extension be placed on the T.I.P. (Requested by Councilmember Paul Williams) (Reconsideration of item of September 28, 1998) MOTION: Councilmember Williams moved to add Item 1 to the agenda. SECOND: Councilmember Worthy Councilmember Smith requested to delay this action until March 28, because of the opposition from the citizens of the Montclair/Glensford area. Mr. Smith stated he had a petition to lower the speed limit to 25 mph with 538 signatures, and this petition would be presented to the Council on March 1, 1999. City Attorney Robert Cogswell stated there could be no debate on the item at this time. VOTE: Passed by a vote of 10 in favor to 1 in opposition (Councilmember Smith) (Councilmember Cheek excused) Mayor Pro Tem McBryde stated this would be item 14.C. 2. APPROVAL OF AGENDA City Manager Roger Stancil requested that consent agenda Item 3.J, adoption of resolutions for the issuance of the following bonds: resolution providing for the issuance of $4,900,000 General Obligation Street Improvement Bonds, Series 1999, and resolution providing for the issuance of $2,750,000 General Obligation Public Improvement Bonds, Series 1999, be made a regular item on the agenda. Mr. Stancil requested to correct Item 9.B by changing the name of the contractor from Benson Construction to Haire Plumbing. He also requested to add a closed session to discuss litigation, Muse vs. City of Fayetteville and Tina Shephard as, Item 14.E. MOTION: Councilmember Kendrick moved to approve the agenda with the additions. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmember Cheek excused) 3. CONSENT: Councilmember Kizer requested to abstain from discussion or voting on Item 3.G. MOTION: Councilmember Williams moved to allow Councilmember Kizer to abstain from discussion or voting on Item 3.G. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Cheek excused and Councilmember Kizer abstaining) MOTION: Councilmember Kendrick moved to add Item 3.K, refer to the Policy Committee the consideration of allowing all residents of a street to sign a speed limit reduction petition. Currently, only property owners are allowed to sign petitions asking for a reduction in speed limit. SECOND: Councilmember Fogleman VOTE: Passed by a vote of 10 in favor to 1 in opposition (Councilmember Haire) (Councilmember Cheek excused) MOTION: Councilmember Kizer moved to approve the agenda with the exception of Item 3.G. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Cheek excused) The following items were unanimously approved: A. Correct Davis Street Assessment Roll adopted February 1, 1999. B. Adopt resolution accepting a report of unpaid taxes for the current fiscal year that are liens on real property and directing the tax collector to advertise the 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. R1999-016. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. C. Refer to Council Transportation Committee the following: 1. Review of the designated truck routes in the City of Fayetteville. 2. Traffic signal investigations in Montclair Subdivision: a. Glensford Drive and Belford Road; b. Glensford Drive and Montclair Road 3. Traffic Signal Investigation at McPherson Church Road and Murray Hill Road. D. Approve BellSouth Carolina PCS Option and License Agreement for antenna attachment on the Decatur Drive elevated water storage tower. (PWC) E. Approve bid award for purchase of one 46,000 lb. GVWR Cab and Chassis to Smith International (Fayetteville), low bidder, in the amount of $53,385.00. (PWC) Bids were received as follows: Smith International (Fayetteville, NC) $53,385.00 Tri-Point Sterling Truck Sales (Raleigh, NC) $55,822.00 F. Approve bid award for construction of M.J.Soffee 16" Water Main Extension to McClam and Associates, Inc. (Little Mountain, SC), low bid, in the amount of $113,225.00. (PWC) Bids were received as follows: McClam & Associates, Inc (Little Mountain, SC) $113,225.00 Blue Construction Company (Sanford, NC) $114,824.00 R.H. Moore Company, Inc. (Murrells Inlet, SC) $173,830.00 G. This item was pulled for discussion. H. Approve bid award for purchase of four backhoe loaders to North Carolina Equipment Company (Fayetteville), low bidder meeting specifications, in the amount of $209,876.00. (PWC) Bids were received as follows: North Carolina Equipment Company (Fayetteville, NC) $209,876.00 Vause Equipment (Fayetteville, NC) $194,355.62 I. Approve Municipal Agreement between City of Fayetteville and N.C. DOT for maintenance of Airport Road. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1999-017. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. J. This consent item was moved to become regular Item 14.D. K. Refer to Policy Committee the consideration of allowing all residents of a street to sign a speed limit reduction petition. Currently, only property owners are allowed to sign petitions asking for a reduction in speed limit. L. Approve bid award for construction of Operations Complex Administrative Parking to Barnhill Contracting Company (Fayetteville), low bidder, in the amount of $265,716.85. (PWC) Councilmember Kizer abstained from discussion or voting on this item. Bids were received as follows: Barnhill Contracting $265,716.85 Benson Construction $283,595.20 Tara Group of Lumberton $300,589.25 McDonald Grading Co. $300,993.80 Nortec Construction Services $448,671.90 MOTION: Councilmember Kendrick moved to approve Item 3.G. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Cheek excused) (Councilmember Kizer abstaining) 4. PUBLIC HEARINGS: A. P99-1F. Consideration of an application by Stephanie McCrary for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1), to allow a tower in an R5 Residential District for an area located at 1100 Robeson Street. Containing .23 acres (lease area) more or less and being the property of Crowell Constructors as evidenced by deed recorded in Deed Book 841, Page 604, Cumberland County Registry. Ms. Kathy Kem of the Planning Division Staff presented this item. Ms. Kem stated this would be a drop-and-swap tower with the old non-conforming tower being replaced by a new conforming tower. Ms. Kem stated both the Zoning Commission and the Appearance Commission had recommended approval of the Special Use Permit. This is the advertised public hearing set for this date and time. The public hearing opened at 7:26 p.m. After being sworn in, Ms. Stephanie McCrary, 6605 Reafield Drive, #11, Charlotte, NC 28226, appeared in favor of the special use permit. There was no one further to speak either in favor or opposition. The public hearing closed at 7:27 p.m. MOTION: Councilmember Smith moved to approve the Special Use Permit to include the findings of fact, which are on record with the Planning Division of the City of Fayetteville. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Cheek excused) B. P99-3F. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article IV, Section 32-22(17.1), to restrict the number of towers within an overlay district, to allow replacement of a tower within a prescribed distance if it is no closer to a residence with site plan approval only and to require registration of all towers upon application of a site plan or special use permit. Ms. Kathy Kem presented this item. Ms. Kem reviewed the ordinance and requested to make an addition to the first line of Section 3. Ms. Kem stated the ordinance revision changes would encourage drop and swap of towers. This is the advertised public hearing set for this date and time. The public hearing opened at 7:31 p.m. There was no one signed up to speak in favor. Minister Eronomy Muhammed appeared in opposition and asked that the Council consider the quality of life issues involving the placement of towers. He stated he was not in opposition to the changes being made in the ordinance. There was no one further to speak either in favor or opposition and the public hearing closed at 7:32 p.m. MOTION: Councilmember Talbot moved to approve. SECOND: Councilmember Kizer A discussion ensued regarding limiting the number of towers. MOTION TO AMEND: Councilmember Smith moved to delete Section I, which limited the number of towers. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Cheek excused) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, ARTICLE IV, DISTRICT USE REGULATIONS CONCERNING TOWER OVERLAY DISTRICTS, REPLACEMENT OF NON-CONFORMING TOWERS AND TOWER REGISTRATION. ORDINANCE NO. S1999-002. ORIGINAL MOTION VOTE: UNANIMOUS (Councilmember Cheek excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1999. 5. Consideration of request to address City Council from Rev. E. H. Bain, Chairperson, Wilmington Road Improvement Group, regarding maintenance of cemetery property. Reverend E. H. Bain, Chairman of the Wilmington Road Improvement Group, requested that the City take over the maintenance of the cemetery located by the Second Baptist Church. Ms. Christina Smith addressed the Council in response to questions asked by Councilmember Worthy. Ms. Smith asked that the North Carolina General Statute be reviewed to see if they could be the owner partnership. A discussion was held regarding the ownership of the cemetery, the staff's recommendation not to accept the cemetery for maintenance, the precedent that would be set by accepting the property for maintenance, and the number of private cemeteries within the City of Fayetteville. City Manager Roger Stancil stated that he had no idea how many private cemeteries there were and he did not know how the information could be compiled. MOTION: Councilmember Worthy moved to send this issue to the staff to determine the number of cemeteries that might require maintenance, the cost to maintain the cemeteries, and the ownership of the cemetery property. SECOND: Councilmember Williams Mr. Stancil stated that the City has been working closely with the Wilmington Road Improvement Association through the Community Development Department to clean the cemetery up and get it to the point it is now. He stated the City had provided funding and a landscape design for the project. Mr. Stancil stated his recommendation was that the City not accept the cemetery for ongoing maintenance. VOTE: UNANIMOUS (Councilmember Cheek excused) MOTION: Councilmember Kendrick moved to excuse Councilmember Worthy from the rest of the meeting. SECOND: Councilmember Haire VOTE: UNANIMOUS (Councilmember Cheeks and Worthy excused) Councilmember Worthy left the meeting at 7:53 p.m. 6. Consideration of a 2010 Land Use Plan for an area located at the intersection of Murchison Road and Filter Plant Drive. Mr. Victor Sharpe, Planning Division Manager, presented this item. He stated the Planning Commission recommended that the land use for the property on the corner of Murchison Road and Filter Plant Drive be changed to light commercial. Mr. Sharpe stated the site is the PWC storage yard, which is currently under negotiation for purchase by Fayetteville State University Foundation for development as "Bronco Square." MOTION: Councilmember Fogleman moved to amend the 2010 Land Use Plan as recommended. SECOND: Councilmember Haire VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) 7. Consideration of request from Fayetteville Women's Bowling Association to display special event signs. Mr. Victor Sharpe presented this item. He recommended approval of the signs for two weeks. MOTION: Councilmember Williams moved to allow the signs for nine weeks. SECOND: Councilmember Haire VOTE: Failed by a vote of 4 in favor (Councilmembers Talbot, Haire, Williams, and Massey) to 6 in opposition (Councilmembers Kendrick, McBryde, Smith, Fogleman, Kizer and Milligan) (Councilmembers Cheek and Worthy excused) MOTION: Councilmember Kendrick moved to allow the signs for two weeks (14 days). SECOND: Councilmember Milligan VOTE: Passed by a vote of 9 in favor to 1 in opposition (Councilmember Kizer) (Councilmembers Cheek and Worthy excused) 8. Consideration of adoption of resolution approving Lease Agreement with Friends of the Park Foundation, Inc., for use of the old City Hall. (Fascinate-U Children's Museum) City Manager Roger Stancil presented this item. He recommended adoption of the resolution. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY (FORMER CITY HALL, 116 GREEN STREET) TO THE FRIENDS OF THE PARK FOUNDATION, INC., PURSUANT TO ARTICLE SEVEN (7) OF THE FAYETTEVILLE CITY CHARTER. RESOLUTION NO. R1999-018. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) Councilmember Talbot inquired about who paid the utilities. Mr. Stancil stated the utilities were paid by the leasee. Mr. Stancil later corrected this by stating the utilities were being paid by the City. 9. Consideration of approval of the following low evaluated bid awards for construction of the Robert C. Williams Business Center to the following contractors: (PWC) Mr. James Rose, PWC, presented this item. Mr. Rose presented the Council with an amended bid summary. The changes made are reflected in the amounts listed below: A. General Construction: D.H. Griffin Construction (Raleigh) in the amount of $4,644,100.00 Bids were received as follows: D.H. Griffin Construction (Raleigh, NC) $4,644,100.00 American South G.C (Sanford, NC) $5,135,000.00 Ellis-Walker Builders (Fayetteville, NC) $5,490,660.00 J.M. Thompson Co (Cary, NC). $4,625,000.00 M & E Contracting (Fayetteville, NC) $4,620,380.00 Player, Inc. (Fayetteville, NC) $4,640,000.00 Sigma Construction (Fayetteville, NC) $4,695,000.00 Stredvey Construction (Cary, NC) $5,478,000.00 B. Plumbing Construction: Haire Plumbing Construction (Fayetteville) in the amount of $258,374.00. Bids were received as follows: Haire Plumbing (Fayetteville, NC) $258,374.00 RJW Construction (Burgaw, NC) $286,984.00 Town & Country Plumbing (Fayetteville, NC) $278,850.00 Tommy V. Strigo, Inc. (Burlington, NC) $273,600.00 Southern Piping (Wilson, NC) $296,000.00 C. Mechanical Construction: Harrelson Mechanical (Wilmington) in the amount of $623,418.00. Bids were received as follows: Harrelson Mechanical (Wilmington, NC) $623,418.00 Barnes Ivey Mechanical (Fayetteville, NC) $698,855.00 Bass Air Conditioning (Fayetteville, NC) $654,000.00 Southern Piping (Wilson, NC) No Bid T.R. Driscoll (Lumberton, NC) $758,995.00 Blanton & Company (Castle Hayne, NC) $627,000.00 D. Electrical Construction: Watson Electrical (Fayetteville) in the amount of $534,000.00. Bids were received as follows: Watson Electrical (Fayetteville, NC) $534,000.00 AAA Electrical (Garner, NC) No Bid Jones, Inc. (Wilson, NC) $539,450.00 L.L. Vann Electrical (Raleigh, NC) $577,000.00 M.R. Electric & Security (Shannon, NC) $712,495.00 Melton Electric (Myrtle Beach, SC) $533,200.00 Starr Electric (Fayetteville, NC) No Bid T & H Electrical (Wilson, NC) $593,900.00 Wayne Griffin Electric (Holliston, MA) $515,500.00 MOTION: Councilmember Fogleman moved to approve the awards as presented by Mr. Rose. SECOND: Councilmember Williams VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) 10. Consideration of property acquisitions for park development: City Manager Roger Stancil presented this item. He recommended authorizing the City Manager to purchase the following properties for park development. A. Consideration of purchase of property located on Spruce Street. B. Consideration of purchase of property located on Cedar Creek/Fields Road. MOTION: Councilmember Kendrick moved to approve A and B. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) 11. Consideration of adoption of a resolution authorizing the sale of City and jointly owned City/County property by public auction. City Manager Roger Stancil presented this item. Mr. Stancil stated that the minimum bid on the properties must be one third of the listed assessed tax value. A discussion was held regarding the minimum bid. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE SALE OF SURPLUS PROPERTY AT PUBLIC AUCTION PURSUANT TO NCGS §160A-270. RESOLUTION NO. R1999-019. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. MOTION: Councilmember Smith moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) 12. Consideration of adoption of a resolution to allow the use of stormwater service charge revenues to address stormwater quantity maintenance and repair activities in addition to meeting the requirements of the stormwater quality program and adopting amendments to Chapter 12, "Stormwater Management", of the Cumberland County Code. Mr. Jim Hankins, Chairman, Joint Stormwater Advisory Board, presented this item. Mr. Hankins recommended adoption of the resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO ALLOW THE USE OF STORMWATER SERVICE CHARGE REVENUES TO ADDRESS STORMWATER QUANTITY MAINTENANCE AND REPAIR ACTIVITIES IN ADDITION TO MEETING THE REQUIREMENTS OF THE STORMWATER QUALITY PROGRAM AND ADOPTING AMENDMENTS TO CHAPTER 12, "STORMWATER MANAGEMENT", OF THE CUMBERLAND COUNTY CODE. RESOLUTION NO. R1999-020. A copy of the foregoing resolution in on file on the City Clerk's office in Resolution Book R1999. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) Councilmember Kizer stated that everyone had worked hard on this project and a good compromise had been reached. 13. Consideration of referral to Policy Committee the development of a policy for naming City facilities in honor of individuals. (Requested by Councilmember Anne Fogleman) MOTION: Councilmember Fogleman moved to consider referring to the Policy Committee, a policy for naming City facilities in honor of individuals. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) 14. APPOINTMENTS: A. Joint Senior Citizens Advisory Commission - election of nominees to fill two vacancies for fill-in. MOTION: Councilmember Kendrick moved to appoint both nominees. SECOND: Councilmember Haire VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) Ms. Greta Reese and Ms. Francis Leary were appointed to fill-in terms which expire in September of 1999. B. Consideration of approval of resolution of joint cooperation between the City and the County. Councilmember Smith presented this item. RESOLUTION OF COOPERATION. RESOLUTION NO. R1999-021. MOTION: Councilmember Smith moved to adopt the resolution. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) Thanks were extended by the Council to County Commissioner Breeden Blackwell, Mayor Dawkins, City Manager Roger Stancil, County Manager Cliff Strassenburg and Councilmember Smith for their diligence in this matter. MOTION: Councilmember Smith moved to authorize Mr. Stancil to work with Mr. Strassenburg and the County group to arrive at a jointly-decided-upon facilitated group to put together a joint meeting of the City Council and the County Commissioners by March 1, 1999, and to have the meeting date set by April 30, 1999. A discussion was held regarding the status of Mayor Dawkin's letter requesting a meeting with the Commissioners and whether this action would supersede the Mayor's letter. Councilmember Smith stated the County Commissioners would be considering the same issue at their meeting tonight. SECOND: Councilmember Talbot Councilmember Smith stated that getting 20 diverse politicians together without a facilitator would be impossible. VOTE: Failed by a vote of 4 in favor (Councilmembers Milligan, Fogleman, Talbot, and Smith) to 6 in opposition (Councilmembers Kendrick, McBryde, Kizer, Williams, Massey, and Haire) (Councilmembers Cheek and Worthy excused) C. Consideration of Council recommending to T.A.C. that the Glensford Drive extension be placed on the T.I.P. (Requested by Councilmember Paul Williams) (Reconsideration of item of September 28, 1998) MOTION: Councilmember Williams moved to recommend to T.A.C. that Glensford Road extension be placed on the T.I.P. plan. SECOND: Councilmember Fogleman FRIENDLY AMENDMENT: Councilmember Smith moved to ensure due process by holding a public hearing before the recommendation went to the state. Councilmember Williams stated he could not accept the friendly amendment. A discussion ensued regarding the state's transportation process. Mr. Stancil stated that the only thing the Council could do would be to recommend to T.A.C that Glensford be placed on the T.I.P. plan. Mr. Stancil explained that the process would be (1) have a staff group put together a proposed transportation improvement program which (2) would be taken to the T.A.C., the elected officials for adoption, and (3) the plan would then be sent to the North Carolina Department of Transportation for concurrence before becoming a project. Councilmember Kendrick inquired about the action taken on September 28, 1998. Mr. Stancil explained the motion was to send the issue to the Transportation Committee, but the motion had failed due to a tie vote of 6 to 6. Mr. Stancil further explained the Council, as a body, has no role in the process. The County Planning Board handles transportation planning and the T.A.C. is the approving body. Mr. Stancil explained that the way the Council gets information to the T.A.C. is usually by the Council giving the staff their preferences and then the staff would take that information to the T.A.C. Mr. Stancil stated the Glensford Road project is on the Thoroughfare Plan and it will happen sometime in the future. The Thoroughfare Plan is the Council's decision and the T.I.P. is a question of who pays for it. Mr. Stancil stated the Council controls the Thoroughfare Plan, but does not have direct input into the T.I.P. He further explained that if a project is on the T.I.P. Plan, the state would pay, but if not, then the City would be responsible for the costs. A discussion was held regarding the public hearings which are held by the State. Councilmember Kizer stated the State's public hearings were excellent and well advertised. Councilmember Williams restated his motion for clarification. VOTE: Passed by a vote of 7 in favor (Councilmembers Williams, Kizer, Milligan, Talbot, Fogleman, McBryde, and Haire) to 3 in opposition (Councilmembers Kendrick, Smith, and Massey) (Councilmembers Cheek and Worthy excused) D. Adopt resolutions for the issuance of the following bonds: Mayor Pro Tem McBryde introduced the bond orders. 1. Resolution providing for the issuance of $4,900,000 General Obligation Street Improvement Bonds, Series 1999. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) 2. Resolution providing for the issuance of $2,750,000 General Obligation Public Improvement Bonds, Series 1999. MOTION: Councilmember Talbot moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) RESOLUTION PROVIDING THE ISSUANCE OF $4,900,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES 1999, AND RESOLUTION PROVIDING FOR THE ISSUANCE OF $2,750,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1999. RESOLUTION NO. R1999-022. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. E. Closed session to discuss litigation, Muse vs. City of Fayetteville and Tina Shephard. MOTION: Councilmember Kizer moved to go into closed session. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) The closed session began at 8:50 p.m. The regular session resumed at 9:05 p.m. 15. ADMINISTRATIVE REPORTS City Manager Roger Stancil gave an update on the following administrative items: A. Update on Village Drive Drainage project. B. Report on joint lighting ventures between City of Fayetteville, County of Cumberland and Cumberland County Board of Education. C. Update on Glen Reilly Park. D. Report on proposed annexation agreement with the Town of Hope Mills. E. Report on suggested changes to Special Events policy. MOTION: Councilmember Kendrick moved to refer the suggested changes to the Special Events policy to the Policy Committee for its recommendations. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) INFORMATION ITEMS: 1. Statement of taxes collected for the month of January 1999, from the Cumberland County Tax Administrator. 1998 Taxes $4,628,047.32 1998 Vehicle Taxes 205,968.20 1998 Revit 16,246.85 1998 Vehicle Revit 139.31 1998 FVT 26,144.39 1998 Storm Water 270,695.40 1997 Taxes 25,831.22 1997 Vehicle Taxes 18,481.26 1997 Revit 42.97 1997 Vehicle Revit 3.10 1997 FVT 2,468.99 1997 Storm Water......................................... 2,585.21 1996 Taxes 10,488.90 1996 Vehicle Taxes 583.75 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 90.00 1996 Storm Water 1,173.18 1995 Taxes 5,050.90 1995 Vehicle Taxes 178.43 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 30.00 1995 Storm Water 752.65 1994 & Prior Taxes 7,550.85 1994 & Prior Vehicle Taxes 126.44 1994 & Prior Revit 1.12 1994 & Prior Vehicle Revit 0.00 1994 & Prior FVT 28.14 Interest 29,763.02 Interest (Revit) 16.23 Interest (Storm Water) 1,179.80 Fayetteville Discount 3.67 Revit. Discount (0.00) Total Collections $5,253,671.30 2. Response to Councilmember Talbot's request for pedestrian signal on South Reilly Road at Kimbridge Drive/Willowbrook Drive. 3. Response to Councilmember Cheek's request for Intelligent Transportation System on TIP. 4. Copy of the traffic signal investigation report from N.C. DOT at the intersection of Morganton Road and Northview Drive. 5. Police Department-monthly report from the Office of Professional Standards for the month of January, 1999. 6. Joint Fayetteville-Cumberland County Senior Citizens Advisory Commission - minutes of January 12, 1999. 7. Planning Division - monthly report for January, 1999. (Inserted in packet) MOTION: Councilmember Kendrick moved to adjourn. SECOND: Councilmember Williams VOTE: UNANIMOUS (Councilmembers Cheek and Worthy excused) The meeting adjourned at 9:10 p.m. SPECIAL JOINT MEETING WITH TOWN OF HOPE MILLS FEBRUARY 22, 1999 FAYETTEVILLE CITY COUNCIL/TOWN OF HOPE MILLS SPECIAL JOINT MEETING SOUTHVIEW HIGH SCHOOL AUDITORIUM 4800 ELK ROAD FEBRUARY 22, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Commissioners Edward L. Herring, Alfred N. Brafford, John T. Henley, Ronnie D. Strong, E. A. Warner Absent: Councilmember F. Milo McBryde (at-large) Councilmember Suzan K. Cheek (District 5) Mayor Edwin S. Deaver, Hope Mills Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Kathy Kem, Planning Division Staff Rodney P. Johnson, Hope Mills Town Manager Janet Jones, City Clerk Phyllis C. Register, Hope Mills Town Clerk Jason Brady, Public Information Officer Members of the Press 1. PUBLIC HEARING ON TOWN OF HOPE MILLS-CITY OF FAYETTEVILLE JOINT ANNEXATION AGREEMENT. Hope Mills Mayor Pro Tem Edward Herring opened the meeting. Mr. Herring announced that Mayor Deaver was attending a Governmental Affairs Conference and would not be present for the meeting. Fayetteville Mayor J. L. Dawkins called the meeting to order for the City of Fayetteville and introduced all councilmembers present. Mayor Dawkins announced that only Item 1, public hearing on Town of Hope Mills-City of Fayetteville joint annexation agreement would be dealt with at the meeting. MOTION: Councilmember Kizer moved to approve Item 1. SECOND: Councilmember Smith VOTE: UNANIMOUS MOTION: Councilmember Kendrick moved to excuse Councilmembers Cheek and McBryde. SECOND: Councilmember Haire VOTE: UNANIMOUS MOTION: Councilmember Massey moved to excuse Councilmember Worthy until he arrived. SECOND: Councilmember Haire VOTE: UNANIMOUS (Councilmembers Cheek and McBryde excused) Hope Mills Mayor Pro Tem Herring introduced the commissioners of the Town of Hope Mills. Mr. Herring stated that no decision would be rendered tonight. Councilmember Worthy arrived at this time. Mayor Pro Tem Herring introduced Mr. Bill Ferris, the facilitator for the public hearing. Mr. Herring stated Mr. Ferris was an interim Town Manager for Hope Mills on two separate occasions and had worked with the City of Fayetteville and Town of Hope Mills in the preparation of the proposed annexation agreement. The public hearing was declared open. Mr. Bill Ferris reviewed the procedure for recognizing speakers and handling comments. Mr. Ferris explained that the I-95 project involved extension of water and sewer services to land located at the I-95/NC 59 intersection. The four-party agreement to finance the cost of the extension would be between Hope Mills, Cumberland County, Fayetteville Public Works Commission and the property owners. The property owners would be required to petition the Town of Hope Mills for annexation. Mr. Ferris stated that the policy adopted by the City of Fayetteville in conjunction with PWC participation required agreement by the Town of Hope Mills not to annex south and east of the interchange area. Mr. Ferris then reviewed the proposed agreement to include the following points: (1) duration would be for 10 years; (2) designated area - town will not annex in area generally lying east and south of I-95 and the City would not annex within the area generally located within the I-95 project area; (3) the town or City must give 60 days notice if it intends to annex within the area; (4) the agreement may be terminated with one year notice; (5) a broader agreement would be made within one year of the effective date. Mr. Ferris stated the effect of the agreement would be that Hope Mills or Fayetteville may not adopt an annexation ordinance as to all or any portion of the designated area in violation of the agreement, and the agreement to develop proposed amendment to extend area subject to agreement would include all of the land that lies within three miles of both the town's and the City's primary corporate limits. Mr. Wayne Bailey, 105 Bledsoe Street, Hope Mills, NC, and Mr. Charles Byrd, 477 Derby Lane, Hope Mills, NC, inquired as to whether the City had plans to annex Cypress Lakes. City Manager Roger Stancil stated that the City was not proposing to annex anything except for Galberry Farms which was a result of an agreement that had been entered into with the developer. The following persons spoke at the public hearing: Mr. Bill Johnson, 5389 Ashby Street, Hope Mills, NC, appeared in opposition to the annexation of Cypress Lakes. Mr. Jerry Legge, 6432 Bretton Woods, Hope Mills, NC, appeared in opposition to forced annexation. Mr. Dohn Broadwell, 110 Lamb Street, Fayetteville, NC, requested that a second public hearing be held for citizen input when the lines were drawn. Mr. Tom Talty, 300 Wedge Court, Hope Mills, NC, appeared in opposition to the annexation of Cypress Lakes. Mr. William Elmore, 488 Derby Lane, Hope Mills, NC, appeared in opposition to the annexation of Cypress Lakes. Mr. Doc Scheffler, 625 Welsh, Fayetteville, NC, appeared against involuntary annexation. Mr. Andrew D. Brandt, Route 1, Box 51K, Hope Mills, NC, stated he felt the Town of Hope Mills was entering the agreement for the dollars involved rather than for the good of the community. Mr. Wayne Bailey, 105 Bledsoe Street, Hope Mills, NC, appeared in opposition to the annexation of Cypress Lakes. Mr. Billy Joe Atkins, Chicken Foot Road, Hope Mills, NC, stated the traffic in the Wal Mart area was bad because of the trucks and potholes. Mr. Charles Byrd, Derby Lane, Hope Mills, NC, complained about the manner of notification of the public hearing. Mr. Willy Williams, Sandhill Road, Hope Mills, NC, expressed his opposition to the annexation. Mr. Michael Meese, Hope Mills, stated that more traffic control was needed in the area. Mr. J. D. Englewood, Chicken Foot Road, Hope Mills, NC, stated more traffic management was needed. Mr. Pat Taltey, Cypress Lakes, Hope Mills, NC, asked that another way for taxation be found other than taxing property owners. Mr. Gene Stargill, US 301, Hope Mills, NC, expressed his opinion that annexation was going to happen and the two bodies should be allowed to come up with something that is best for everyone. Councilmember Smith stated that as liaison for PWC, he could assure everyone there was no intention of annexing Cypress Lakes. Mr. Smith stated this was the least expensive way to do the water and sewer, and the agreement was for water and sewer only and not for annexation. A discussion was held regarding the need to work collectively for the best of all of the citizens. MOTION: Councilmember Milligan moved to adjourn. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmembers Cheek and McBryde excused) The meeting adjourned at 8:10 p.m. REGULAR MEETING MARCH 1, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 1, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Terrie Hutaff, Assistant Human Resources Officer Vera Bell, Chief Operating Officer - Solid Waste Robert Barefoot, Chief Operating Officer - Recreation and Community Facilities Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Jay S. Shoff, Church of the Nazarene, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins announced the Character Education Concept for March 1999 was fairness. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to add Item 11.B, consideration of a resolution of the City Council declaring a moratorium on the issuance of permits associated with telecommunications towers. Mr. Stancil stated that the moratorium would deal specifically with the provisions in the ordinance dealing with concealment of towers and would prohibit the issuance of a building permit for a tower that looks like something else. Councilmember Haire inquired if passed, would it be effective immediately. Mr. Stancil replied in the affirmative. Councilmember Worthy requested to add Item 11.C, a discussion of the flagpole at 2514 Murchison Road. City Attorney Robert Cogswell requested to change Item 10 to read consideration of an ordinance approving joint annexation agreement between the City of Fayetteville and Town of Hope Mills and to add Item 13.E, closed session to discuss litigation, City of Fayetteville vs. Cogdell, Rankin, and Ray. MOTION: Mayor Pro Tem McBryde moved to approve the agenda. SECOND: Councilmember Kizer VOTE: UNANIMOUS 2. CONSENT: MOTION: Councilmember Kizer moved to approve the consent agenda. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The following items were unanimously approved: A. Approve minutes of regular meeting of January 4, 1999. B. Approve minutes of regular meeting of January 19, 1999. C. Approve minutes of information meeting of January 25, 1999. D. Approve minutes of regular meeting of February 1, 1999. E. Approve minutes of regular meeting of February 15, 1999. F. Approve tax refunds greater than $100. Name Year Basis City Refund Rental Uniform Service 1996-1998 Correcting Tax District $137.23 Total $137.23 G. Approve Agreement between City of Fayetteville and Cape Fear Valley Hospital System to allow the parking of one emergency vehicle at the Bonnie Doone Fire Station. H. Approve rejection of bids for weapons exchange. I. Approve award of contract for the resurfacing of various streets to Crowell Constructors of Fayetteville, low bidder, in the amount of $1,618,599.75. Bids were received as follows: Crowell Constructors, Inc. (Fayetteville, NC) $1,618,599.75 Barnhill Contracting Co., Inc. (Fayetteville, NC) $1,748,184.10 J. Set public hearing for March 15, 1999, to consider rate increase for taxicab use. K. Approve award of contract for construction of Cross Creek Water Reclamation Facility Influent Pump Station Improvements to the following contractors: (low evaluated bids - PWC) 1. General Construction: Nortec Construction Services, Inc., in the amount of $317,887.00. Bids were received as follows: Nortec Construction Services, Inc. $317,887.00 State Utility Contractors, Inc. $323,440.00 T. A. Loving Company $387,460.00 Water & Waste Systems Construction, Inc. $425,191.00 2. Electrical Construction: T & H Electrical Corporation in the amount of $40,397.00 Bids were received as follows: T & H Electrical Corporation $40,397.00 L.J.'s Electric Company $48,318.00 A-A-A Electrical Corporation $52,770.00 Commercial Electric Company $79,823.00 T. A. Loving Company $125,000.00 Single Prime - Contracts 1-A and 1-B (Base Bid) Bids were received as follows: State Utility Contractors, Inc. $362,591.00 T. A. Loving Company $497,460.00 L. Adopt resolution authorizing condemnation of sanitary sewer easement crossing property of Anthony E. Bell and wife, Priscella A. Bell; for construction of the Little Rockfish Creek Sanitary Sewer Outfall Project. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF ANTHONY E. BELL AND WIFE, PRISCELLA A. BELL AND K. DOUGLAS BARFIELD, TRUSTEE FOR THE BENEFIT OF FIRST OMNI MORTGAGE COMPANY. RESOLUTION NO. R1999-023. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 3. Consideration of setting a public hearing for March 15, 1999, to consider speed limit reduction for the following streets in Montclair Subdivision: A. Glensford Drive from Belford Road to Cliffdale Road B. Ashbrook Road from Belford Road to Montclair Road; Belford Road from Montclair Road to its end; Berwick Drive from Belford Road to Chesterbrook Drive; Brighton Road from Raeford Road to Moriston Road; Burgoyne Court from Burgoyne Drive to its end; Burgoyne Drive from Rocksprings Road to its end; Chambersburg Road from Westfield Road to Glensford Drive; Chesterbrook Drive from Glensford Drive to Stoneykirk Drive; Chewton Court from Rocksprings Road to its end; Fenmark Place from Chesterbrook Drive to its end; Gardenwood Court from Westfield Road to its end; Haverford Court from Westfield Road to its end; Hermosa Court from Montclair Road to its end; Missenburg Court from Chambersburg Road to its end; Montclair Road from Raeford Road to its end; Moriston Road from Belford Road to its end at Aberdeen & Rockfish Railroad tracks; Newport Road from Belford Road to Berwick Drive; Rocksprings Road from Belford Road to Chambersburg Road; Stoneykirk Road from Berwick Drive to Montclair Road Wallingford Court from Chambersburg Road to its end; Wellington Road from Berwick Drive to Montclair Road; Westfield Road from Chambersburg Road to its end; Wiltshire Drive from Berwick Drive to Yorkshire Drive; Yorkshire Drive from Montclair Road to Stoneykirk Road. City Manager Roger Stancil presented this item. He stated he had received one petition for the reduction of the speed limit to 25 mph. He stated that because Glensford Drive is a designated thoroughfare and reducing the speed limit would be a deviation from the Council's current policy, he was recommending setting two separate public hearings, one for Glensford Drive and another for the rest of the neighborhood. MOTION: Councilmember Smith moved to set a public hearing for Items A and B for March 15, 1999. SECOND: Councilmember Kendrick SUBSTITUTE MOTION: Councilmember Talbot moved to remove Item 3.A from the public hearing on March 15 and refer it to the Policy Committee and the Transportation Committee. SECOND: Councilmember Worthy Councilmember Kendrick pointed out that other thoroughfares had had their speed limits reduced to 25 mph. He cited Pinecrest, Westmont and Marlboro Streets as examples. Councilmember Smith stated the City needed to go ahead with the speed reduction on Glensford to protect the neighborhood, and he would support taking a look at the policy because of the inconsistencies. Councilmember Smith asked the Council to reject the substitute motion. SUBSTITUTE MOTION VOTE: Passed by a vote of 8 in favor (Councilmembers Worthy, Talbot, Fogleman, Kizer, Milligan, Williams, Massey, and Haire) to 4 in opposition (Councilmembers Cheek, Smith, Kendrick, and McBryde) Councilmember Kendrick requested to add this to the Transportation Committee's agenda for their March 15, 1999, meeting. 4. Consideration of approval of an Operating Agreement between the City of Fayetteville and the Boys and Girls Club of Cumberland County for joint use of Tokay Recreation Center. Mr. Robert Barefoot, Chief Operating Officer - Recreation and Community Facilities, presented this item. Mr. Barefoot recommended approval. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS Councilmember Cheek clarified that the facility would be available for other users. 5. Consideration of the following economic development issues: A. Consideration of recommendation from Public Works Commission for transfer of land on Murchison Road to FSU Foundation, Inc. (Bronco Square) B. Set a public hearing for March 15, 1999, to consider transfer of land on Murchison Road to FSU Foundation, Inc. (Bronco Square) City Manager Roger Stancil presented this item. Mr. Stancil recommended that the property be declared surplus and sold to Fayetteville State University Foundation Inc., for the amount of $150,000, for the development of Bronco Square in an economic development partnership between the City and Fayetteville State University. Mr. Stancil stated the PWC Uptown Revitalization Fund would be credited with the value of the land in the amount of $175,000, pursuant to NCGS 158-7.1(d). This statute allows the City to take into consideration the value of jobs created and the value of the tax base enhancement when determining the value of a conveyance for economic development purposes. Mr. Stancil recommended setting a public hearing for March 15, 1999. MOTION: Councilmember Worthy moved to accept the recommendation as set out by Mr. Stancil. SECOND: Councilmember Haire VOTE: UNANIMOUS 6. P98-44F. Consideration of the rezoning from R6 Residential District to C1 Commercial District or to a more restrictive zoning classification for an area located on Filter Plant Drive at Murchison Road. Containing 14.62 acres more or less and being the property of the City of Fayetteville as evidenced by deed recorded in Deed Book 4193, Page 688, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal stated that the Zoning Commission recommended approval of the rezoning for the modified requirement of 4.4 acres located on the west side of Coley Drive. Councilmember Haire requested to abstain from discussion or voting on this item. MOTION: Councilmember Smith moved to allow Councilmember Haire to abstain from discussion or voting on this item. SECOND: Councilmember Cheek VOTE: UNANIMOUS MOTION: Councilmember Smith moved to approve the rezoning of the modified 4.4 acres. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Haire abstaining) Councilmember Massey stated that Councilmember Haire supported the project but was abstaining from discussion or voting for business reasons. 7. Consideration of proposed changes to simplify the Sign Ordinance. Mr. Jimmy Teal, Chief Planning Officer, presented this item. MOTION: Councilmember Kendrick moved to refer this item to the Council's Development Committee. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS 8. Presentation by Excellence in Government Task Force for Solid Waste. City Manager Roger Stancil presented this item. The Excellence in Government Task Force for Solid Waste presented a progress report on solid waste review. Mrs. Terrie Hutaff, Assistant Human Resources Officer, stated the purpose of the Task Force was to determine the core business services, to review the effectiveness and efficiency of the operations, the cost services, and the benchmark services. She stated the Task Force needed input from the Council in order to proceed. Ms. Vera Bell, Chief Operating Officer - Solid Waste, presented a review of the current services to include household yard waste, leaf season, dead animal collection, and limb collection. Ms. Bell stated the cost of the leaf season for the fiscal year 1998-99 was $115,135. Ms. Bell stated the annual cost for providing limb collection was approximately $569,000. She recommended reducing the number of limb trucks from seven to four with the other three trucks being placed in general service for other areas of the City. Ms. Bell stated the estimated cost of the bulky item collection for the current fiscal year was $76,000. She offered alternatives of maintaining current level of service with no fee, eliminating the service, or charging a fee. Mr. Mac Healy, a focus group member, presented information on commercial collection. He stated the service is only offered to a few citizens and the current cost for this service exceeds the fee of $48-$50 being charged. He stated private haulers charge $240 for the same service. Mr. Healy recommended alternatives of increasing the rate, providing commercial collection to all customers requesting the services, or eliminating the service and privatizing. Mr. Healy also recommended a goal of establishing core business services of household pickup, yard waste, leaf season, limb collection, backdoor collection, and dead animal collection. Mr. Healy made the following recommendations: (1) Establish fee-based services for bulky item collection; (2) Continue the elimination of commercial services; (3) Eliminate backdoor service except for those receiving services for health reasons; and (4) Change limb collection method. Mrs. Hutaff stated the future goals of the Task Force were to invite additional members to the focus group for the external review of solid waste services, to review efficiency and effectiveness of the services provided, and to refine the cost of services and establish benchmarks. Ms. Bell stated the leaf season had a savings of $89,000. Councilmember Worthy stated he concurred with the backdoor pickup for health-related problems only and an increased rate for pickup. Councilmember Talbot inquired about the limb collection recommendations. Ms. Bell stated the recommendation was to use four trucks and response would be based on a call-in basis. Councilmember Massey stated the backdoor pickup needed to be cost-effective and that the issue of the leaf season needed to be revisited. Mr. Massey stated the City will have to pay for the services and he would like to see the City be cost-effective across the board and not cost-prohibitive. Councilmember Smith expressed his concerns about bulky item collection, the elimination of dumpster collection and commercial pickup. He requested that more consideration be given to these areas. Councilmember Kendrick inquired about curbside pickup versus ordinance violation. Ms. Bell explained that it is the property owner's responsibility to clean up his property and the landfill determines what the City can pick up and take to the dump. She stated that if the City could be penalized for dumping an item, then Solid Waste will not pick it up. Mr. Healy stated the Focus Group had not looked into this issue, but would be glad to take it under consideration. Councilmember Kizer stated the current commercial charge was a loosing proposition for the City. City Manager Roger Stancil stated the core business was where people lived and the focus should be to ensure that the City would continue to provide services to residences by eliminating some inequities for other services and charging fees for services provided to a few people that others do not receive. Mr. Stancil said he would like to focus the tax base on providing residential services. Councilmember Fogleman inquired if the tree service businesses were aware of their responsibilities in limb pickup. Ms. Bell replied in the affirmative. Councilmember Milligan expressed her opinion that the timeline on ordinance violations should be shortened. She also expressed her disapproval of a few voters receiving a benefit that other voters did not get. 9. Consideration of summary Goals Statement from City Council Retreat held February 5-6, 1999. City Manager Roger Stancil presented this item. MOTION: Councilmember Kizer moved to adopt the goals. SECOND: Councilmember Haire FRIENDLY AMENDMENT: Councilmember Cheek requested to add "preservation of neighborhoods" to the goals. SECOND: Councilmember Haire Councilmember Kizer accepted the amendment to the goals. A discussion was held on the goals by the Councilmembers. VOTE: UNANIMOUS The following goals were approved: Fayetteville City Council Goals Priority 1. Improve efficiency in government by continuing to improve city/county/other government agency relationships through better communication with each other and the public. Priority 2. Work with state for fair allocation of additional 1-cent sales tax. Priority 3. Retain City Council control of local decisions regarding utility restructuring. Priority 4. Continue to foster commercial and residential development throughout the city, realizing that an enhanced tax base anywhere in the city reduces the tax burden throughout the city and county. Special emphasis will be placed on the importance of small business. Priority 5. Privatize city services when economy is achieved without impact on service. Priority 6. Improve process for planning and providing new services in annexed areas: Develop more comprehensive approach to restoration of areas after installation of utilities; Plan for providing fuller complement of city services in annexed areas, including more comprehensive approach to storm water quantity problems. Priority 7. Continue focus on litter problem through public awareness campaigns, incentive programs and enforcement of laws in coordination with the judicial system. Priority 8. Continue development of a comprehensive long-range planning process for land use and infrastructure improvements that includes all units of government and incorporates consistent urban standards. Priority 9. Review parks and recreation programs and other city services affecting youth, seeking their participation in the review. Priority 10. Project through governance the city's image of confidence, cooperation and unity, enhancing the professional approach of the City Council to community problem solving. Priority 11. Work aggressively with the County toward storm water quantity management in urban areas, seeking additional sources of funding to address these issues. Priority 12. Conduct a full review of solid waste services including systems in place and quality of service. Priority 13. Continue the enhancement of the city's economic development activities through FAEDC, Fayetteville Partnership and other governments. Seek new sources of funding for downtown development, such as a percentage of new tax revenue from new downtown development. Priority 14. Review ordinances regulating communications towers. Priority 15. Establish curbside recycling. Priority 16. Take actions to support and encourage strong, healthy neighborhoods. 10. Consideration of an ordinance approving Joint Annexation Agreement between the City of Fayetteville and Town of Hope Mills. City Manager Roger Stancil presented this item. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING A JOINT ANNEXATION AGREEMENT WITH THE TOWN OF HOPE MILLS PURSUANT TO NCGS §160A-58. 21, ET SEQ. ORDINANCE NO. NS1999-003. MOTION: Councilmember Smith moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS Robert C. Cogswell, Jr., City Attorney, stated this agreement would be effective immediately. Councilmember Smith stated for the record the Council had no intention of annexing Cypress Lakes. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. 11. Consideration of adoption of Joint Resolution of the City of Fayetteville, Town of Hope Mills and Town of Spring Lake supporting legislation authorizing a one-cent local option sales tax only if the revenues collected are shared with municipalities following the current distribution formula as provided in Articles 40 and 42 of Chapter 105, NCGS. JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, BOARD OF COMMISSIONERS OF THE TOWN OF HOPE MILLS AND THE BOARD OF ALDERMEN OF THE TOWN OF SPRING LAKE SUPPORTING LEGISLATION AUTHORIZING A ONE-CENT LOCAL OPTION SALES TAX. RESOLUTION NO. R1999-024. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS B. Consideration of approval of resolution of the City Council of the City of Fayetteville declaring a moratorium on the issuance of permits associated with telecommunications towers. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DECLARING A MORATORIUM ON THE ISSUANCE OF PERMITS ASSOCIATED WITH TELECOMMUNICATIONS TOWERS. RESOLUTION NO. R1999-025. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Cheek VOTE: Passed by a vote of 10 in favor to 2 in opposition (Councilmembers Talbot and Williams) Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1999. C. Discussion of flagpole at 2514 Murchison Road. Councilmember Worthy expressed his dissatisfaction with the flag being allowed to be placed on Murchison Road and the fact that a loophole had been found in the ordinance which allowed this to happen. Mr. Stancil stated for the record that the staff did not find a loophole. It had been found by the persons wanting the tower. He further stated the technology in this area is changing rapidly and it is hard to keep everything current. Councilmember Worthy stated something was out of sink with the placement of towers and the City needed to find a better way to critique the ordinances. Councilmember Haire stated he felt Triton had used a backdoor approach with this tower. 12. APPOINTMENTS: A. Manager Evaluation Process Committee: Mayoral appointments The following appointments were made: Councilmember Cheek, Councilmember Massey, Councilmember Milligan, and Councilmember Smith were appointed to the committee. 13. ADMINISTRATIVE REPORTS A. Report on unpaved streets. City Manager Roger Stancil presented this item. He stated there were $2.4 million unspent for paving soil streets from the last bond referendum and the City had 82 maintained streets (8.74 miles) that were currently unpaved. Mr. Stancil stated the funds available would pave all of Part A of the list, soil streets approved for paving and under design. A discussion was held regarding the considerations used for recommending a street for paving. Councilmember Cheek requested that resurfacing on North McPherson Church Road from Cliffdale Road to US 401 Bypass not be done during the Christmas season. B. Report on leaf season. City Manager Roger Stancil stated approximately $90,000 in tax dollars had been saved and the staff had learned a lot that could be applied to the next leaf season. Councilmember Massey stated he would be pro-active in seeing that the leaf season was what the citizens wanted and he would be lobbying for other cuts in the budget to ensure a better leaf season. C. Year-end report on the Campbellton District. D. Report on new transit route to Spring Lake. City Manager Roger Stancil reported this was another successful City-County venture, which continues to address the need for public transportation outside the corporate limits of the City of Fayetteville. Mr. Stancil stated this project was at no cost to the City. E. Closed session to discuss litigation, City of Fayetteville vs. Cogdell, Rankin, and Ray. MOTION: Councilmember Fogleman moved to go into closed session to discuss litigation, City of Fayetteville vs Cogdell, Rankin, and Ray. SECOND: Councilmember Milligan VOTE: UNANIMOUS The closed session began at 9:15 p.m. The regular session resumed at 9:22 p.m. INFORMATION ITEMS: 1. Report on tax refunds less than $100. Name Year Basis City Refund Simmons, Ira 1998 Adjusted Boat Value $17.90 Barker, Matthew William 1996 Military Non-Resident 54.81 Total $72.71 2. Memo from City Manager regarding project status report. 3. Update on Village Drive Drainage Project and copy of letter to Cape Fear Church of Christ regarding the project. 4. Police Dept. - year-end report from the Investigative Bureau. 5. Ad Hoc Dog Ordinance Committee - minutes of February 8, 1999. 6. Parks and Recreation Advisory - minutes of January 25, 1999. 7. PWC - minutes of January 13, 1999. 8. FACVB - minutes of January 21, 1999. MOTION: Mayor Pro Tem McBryde moved to adjourn the meeting. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The meeting adjourned at 9:23 p.m. REGULAR MEETING MARCH 15, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 15, 1999 7:00 P.M. Present: Mayor Pro Tem McBryde Councilmembers Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Mayor J. L. Dawkins Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Terrie Hutaff, Assistant Human Resources Officer Vera Bell, Chief Operating Officer - Solid Waste Robert Barefoot, Chief Operating Officer - Recreation and Community Facilities Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Randy Hamrick, Church of the Open Door, followed by the Pledge of Allegiance to the American Flag, which was lead by Boy Scout Troop 709, from Westminster Presbyterian Church. RECOGNITION Mayor Pro Tem McBryde introduced Boy Scout Troop 709 from Westminster Presbyterian Church. Mayor Pro Tem McBryde announced the Character Education Concept for March 1999 was fairness. 1. APPROVAL OF AGENDA MOTION: Councilmember Kendrick moved to excuse Mayor Dawkins. SECOND: Councilmember Worthy VOTE: UNANIMOUS City Manager Roger Stancil requested to add Item 8, consideration of report from Policy Committee, and Item 9, consideration of setting joint meeting date with Cumberland County Commissioners (April 12 recommended by the Commissioners) to the agenda. Mr. Stancil also stated a revised resolution for consent Item 2.J had been placed at the councilmembers' station. Councilmember Cheek requested that Item 4, consideration of appeal by Briarcliffe Condominium Association of the Planning Commission's decision to deny a revised site plan closing the entrance and exit to the complex from Blanton Road, be set as consent Item 2.P, setting a public hearing for April 5, 1999. MOTION: Councilmember Kizer moved to approve the agenda as amended. SECOND: Councilmember Worthy VOTE: UNANIMOUS 2. CONSENT: Mayor Pro Tem McBryde presented the consent agenda. Councilmember Talbot requested to pull Item 2.G and Councilmember Smith requested to pull Item 2.M.1, in order that he might abstain from voting. MOTION: Councilmember Kizer moved to excuse Councilmember Smith from discussion or voting on Item 2.M.1. SECOND: Councilmember Haire VOTE: UNANIMOUS (Councilmember Smith abstaining) MOTION: Councilmember Kizer moved to approve the consent agenda with the exception of Items 2.G and 2.M.1. SECOND: Councilmember Massey VOTE: UNANIMOUS The following items were unanimously approved: A. Approve minutes of Council Planning Retreat of February 5 and February 6, 1999. B. Approve minutes of information meeting of February 22, 1999. C. Adopt Budget Ordinance Amendment 99-4. D. Refer to the Council Transportation Committee the traffic improvements at the intersection of Winding Creek Road and Brigadoon Drive/driveway to the Hillcrest Middle School. (Requested by Councilmember Wick Smith) E. Adopt resolution of the City Council of the City of Fayetteville pursuant to N.C.G.S 160A-31(c), fixing a date for a public hearing for a Petition-Initiated Contiguous Annexation Area for equestrian site at Greystone Farms. (Located along western side of Touchstone Drive behind Longhill Elementary School, property of Broadwell-Weber Investments.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA. RESOLUTION NO. R1999-026. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. F. Adopt resolution of the City Council of the City of Fayetteville pursuant to N.C.G.S 160A-31(c), fixing a date for a public hearing for a Petition-Initiated Contiguous Annexation Area, Glensford Commons, Phase 2. (Located along eastern side of Glensford Drive, south of Glensford Commons, Phase I, property of Glensford Commons, LLC, Sharlene R. Williams, Manager.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITITAED CONIGUOUS ANNEXATION AREA. RESOLUTION NO. R1999-027. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. G. Pulled for discussion by Councilmember Talbot. H. Approve low bid award to Altec Industries (Birmingham, AL), for purchase of two (2) cab and chassis with Digger Derricks, in the amount of $321,009. (PWC) Bids were received as follows: Altec Industries (Birmingham, AL) $321,009.00 Telelect East (Glen Allen, VA) $332,029.00 Pitman Manufacturing (Grandview, MO) $363,383.59 I. Approve low bid award to RJW Construction for construction of Golfview Drive Water Main, Phase I, in the amount of $115,205.00. (PWC) Bids were received as follows: RJW Construction, Inc. (Burgaw, NC) $115,205.00 The Kelly Corporation (Charlotte, NC) $121,540.00 McClam & Associates (Little Mountain, SC) $149,650.00 McArthur Construction Co. (Lumberton, NC) $180,059.25 J. Adopt a Resolution of the City of Fayetteville to accept a state loan offer for wastewater treatment works projects under the North Carolina Education, Clean Water & Parks Bond Act of 1993 and the Federal Clean Water Act Amendments of 1987. (PWC) RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, TO ACCEPT A STATE LOAN OFFER FOR WASTEWATER TREATMENT WORKS PROJECTS UNDER THE NORTH CAROLINA EDUCATION, CLEAN WATER & PARKS BOND ACT OF 1993 AND THE FEDERAL CLEAN WATER ACT AMENDMENTS OF 1987. RESOLUTION NO. R1999-028. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. K. Adopt Resolution of Intent to accept an offer to purchase a City owned house and to advertise for upset bids. (Property location: 819 Eufaula Street) RESOLUTION OF INTENT TO ACCEPT AN OFFER TO PURCHASE A CITY-OWNED HOUSE AND TO ADVERTISE UPSET BIDS. RESOLUTION NO. R1999-029. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. L. Adopt Resolution authorizing the acceptance of streets in the Lafayette Village and Gallup Acres Subdivisions from N.C. DOT for City maintenance. (Effective date: June 30, 1999) RESOLUTION AUTHORIZING THE ACCEPTANCE OF STREETS. RESOLUTION NO. R1999-030. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. M. Approve requests for permit for special event signs from the following: 1. Pulled for discussion. 2. Arts Council of Fayetteville/Cumberland County (with the exception that no sign or banner is allowed on the Market House). N. Approve engineering contract extensions in preparation for upcoming FAA AIP projects: 1. Develop PFC program and Miscellaneous Services. Task Order 6 provides for Development and Application of the Passenger Facility Charge Program to the FAA. This effort would not exceed $13,000. 2. Concept planning for extended runway safety areas. Task Order 7 is a Pre-planning Design/Investigation effort to analyze the various alternatives for providing FAA standard runway safety areas. Following this pre-designed project, the FAA and Fayetteville Airport Commission will decide on an alternative and program that alternative in the next several years as discretionary funding for these improvements. Total cost for this pre-designed effort, which includes full-digitized mapping for the entire Airport facility, is $108,600. 3. Create performance standard to modify loading bridges B3 and B4 to accept regional jet and turbo-prop aircraft. Task Order 8 will provide Engineering of Performance Specifications necessary for modifications to loading Bridges B3 and B4. Planned modifications would allow these loading bridges to be accessed by regional jet and turbo-prop aircraft. These modifications would be enhancement to airline operations to extend convenience and comfort to the passenger. Total cost for Task Order 8 is $13,500. O. Approve financial matters related to upcoming FAA AIP projects: 1. Adopt Capital Project Ordinance 99-10 (Engineering Services for Modifications to Loading Bridges). This capital project ordinance in the amount of $13,500 is necessary to establish the budget for the engineering services of performance specifications for loading bridge modifications. Funding for the project is planned in the 1998-1999 Federal Aviation Administration (FAA) Airport Improvement Program. The source of funds for the project is expected to be 90% FAA ($12,150), 5% NCDOT ($675) and 5% local match from the Airport Fund ($675). 2. Adopt Capital Project Ordinance 99-11 (Concept Planning for Extension of Runway Safety Areas). This capital project ordinance in the amount of $108,600 is necessary to establish the budget for the runway safety area extension concept plan. Funding for the project is planned for the 1998-1999 Federal Aviation Administration (FAA) Airport Improvement Program. The source of funds for the project is expected to be 90% FAA ($97,740), 5% NCDOT ($5,430) and 5% local match from the Airport Fund ($5,430). P. Discussion of setting a public hearing for April 5, 1999. G. Authorize the City Manager to begin the formal process of negotiation of the renewal of the cable franchise agreement with Time-Warner Cable. Councilmember Talbot requested an explanation of the recommended action to begin the formal process. Mr. Stancil stated that in order to stay in the process, the Council must authorize the opening of the formal process at this time. He explained this action would expand the City's options. MOTION: Councilmember Smith moved to approve the recommendation. SECOND: Councilmember Talbot VOTE: UNANIMOUS M.1. Approve the requests for permit for special event signs from The Fayetteville Dogwood Festival. MOTION: Councilmember Kizer moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Smith abstaining) 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce the speed limit to 25 miles per hour on the following streets: Arlington Avenue from Forsythe Street to Purdue Drive; Breezewood Avenue from Forsythe Street to Marlborough Road; Forsythe Street from Raeford Road to its end. This is the advertised public hearing set for this date and time. There was no one signed up to speak either in favor or opposition and the public hearing opened and closed at 7:15 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL. ORDINANCE NO. NS1999-004. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Smith VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce the speed limit to 25 Miles per hour on the following streets: Ashbrook Court from Ashbrook Road to its end; Ashbrook Road from Belford Road to Montclair Road; Belford Road from Montclair Road to its end; Berwick Drive from Belford Road to Chesterbrook Drive; Brighton Road from Raeford Road to Moriston Road; Burgoyne Court from Burgoyne Drive to its end; Burgoyne Drive from Rocksprings Road to its end; Chambersburg Road from Westfield Road to Glensford Drive; Chesterbrook Drive from Glensford Drive to Stoneykirk Drive; Chewton Court from Rocksprings Road to its end; Fenmark Place from Chesterbrook Drive to its end; Gardenwood Court from Westfield Road to its end; Haverford Court from Westfield Road to its end; Hermosa Court from Montclair Road to its end; Missenburg Court from Chambersburg Road to its end; Montclair Road from Raeford Road to its end; Moriston Road from Belford Road to its end at Aberdeen & Rockfish Railroad; Newport Road from Belford Road to Berwick Drive; Rocksprings Road from Belford Road to Chambersburg Road; Stoneykirk Drive from Berwick Drive to Montclair Road; Wallingford Court from Chambersburg Road to its end; Wellington Road from Berwick Drive to Montclair Road; Westfield Road from Chambersburg Road to its end; Wiltshire Drive from Berwick Drive to Yorkshire Drive; Yorkshire Drive from Montclair Road to Stoneykirk Drive. City Manager Roger Stancil presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:17 p.m. Mr. David Radmer, 734 Montclair Road, Fayetteville, NC, and Mr. Hugh Jarrett, 729 Montclair Road, Fayetteville, NC, appeared in favor of the speed limit reduction. There was no one further to speak either in favor or opposition and the public hearing closed at 7:23 p.m. AN ORDINANCE AMENDNING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL (MONTCLAIR SUBDIVISION). NS1999-005. MOTION: Councilmember Smith moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS Councilmember Kendrick inquired about setting a 25-mph speed limit in all residential areas. City Manager Roger Stancil stated it would be cost prohibitive to do that because all signs would have to be changed and the state law was for 35 mph in a residential area. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. C. Consideration of public input on transfer of land on Murchison Road to FSU Foundation, Inc. (Bronco Square). Mr. Ben Brown, Chief Development Officer, presented this item. Mr. Brown recommended authorizing the City Manager to execute the contract for the sale of the property for the sum of $150,000 and as additional consideration Fayetteville State University Foundation, Inc., or any subsequent grantee approved by the City Council, must meet the following conditions: 1. Develop a retail shopping center within the next five years with a minimum value of $1,500,000. 2. Create approximately 57 jobs with an average hourly wage of $11.25. 3. Accomplish economic improvements that will generate sufficient tax revenue over a ten-year period to meet or exceed the cost of the inducement ($25,000) provided. 4. Execute a contract of sale that shall require the conditions enumerated above to be included as a covenant upon the property to run with the land and reconveyance of the property by Fayetteville State University Foundation, Inc., or any subsequently approved grantee if the conditions recited therein are not met; and 5. Compliance by purchase or any subsequently approved grantee with the applicable provision of NCGS 158-7.1. 6. Provide up to 12 feet of right-of-way as needed for turning lanes on Murchison Road and Filter Plant Drive. This is the advertised public hearing set for this date and time. The public hearing opened at 7:29 p.m. Mr. Richard Ellis, 1528 Graystone Road, Fayetteville, NC, and Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, appeared in favor of the item. Mr. Harris stated he was in favor of the project, but not selling the property for $150,000. Mr. Stancil responded to Mr. Harris's comments that the agreement was for $25,000 less than the market value. He explained that the property was surplus but had been purchased with City funds. A discussion was held regarding the covenants, which would run with the land. MOTION: Councilmember Haire moved to authorize the City Manager to move forward with the provisions as set out by Mr. Brown. SECOND: Councilmember Fogleman VOTE: UNANIMOUS D. Consideration of rate increases for taxicab use. Mr. Jerome Brown, Transit Director, presented this item. Mr. Brown stated the taxicab owners had presented their request to the Taxicab Review Board and the Review Board recommended the following rate increases: 1. Increasing the drop charge from $1.10 to $1.35. 2. Increasing the per mile charge from $.10 per 1/12 mile to $.25 per 1/6 mile. 3. The current charge for the first mile would increase from $2.30 to $2.85. Each additional mile would increase from $1.20 to $1.50. 4. Waiting time would increase from $.20 per minute to $.25 per minute or $12.00 per hour to $15.00 per hour. 5. The addition of a night surcharge of $1.00 per trip between the hours of 12:00 and 5:00 a.m. This is the advertised public hearing set for this date and time. The public hearing opened at 7:42 p.m. Mr. Gary Lusterman, 427 Durant Drive, Fayetteville, NC, and Mr. Dennis Morgan, 1373 Split Rail Drive, Parkton, NC, appeared in favor of the rate increases. There was no one further signed up to speak either in favor or opposition and the public hearing closed at 7:50 p.m. MOTION: Councilmember Williams moved to approve the recommendation of the Taxicab Review Board. SECOND: Councilmember Cheek VOTE: UNANIMOUS MOTION: Councilmember Massey moved to make this effective May 1, 1999. SECOND: Councilmember Worthy VOTE: UNANIMOUS E. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 27, Subdivisions, Section 27-1(m) to add after the last line of that paragraph: "The zero lot line provision may only be used in situations where additional vacant lot(s) are created." Mr. Victor Sharpe, Planning Services Manager, presented this item. He recommended approval of the revisions. This is the advertised public hearing set for this date and time. There was no one signed up to speak either in favor or opposition. The public hearing opened and closed at 7:55 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 27, SUBDIVISIONS, SECTION 27-10(j) OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1999-003. MOTION: Councilmember Kizer moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 4. Consideration of appeal by Briarcliffe Condominium Association of the Planning Commission's decision to deny a revised site plan closing the entrance and exit to the complex from Blanton Road. A public hearing was set for this item for April 5, 1999, under consent agenda Item 2.P. 5. Consideration of maintenance of private cemeteries. City Manager Roger Stancil presented this item. Mr. Stancil stated he had received an updated list of privately-owned cemeteries bringing the total number to over 50 within the City of Fayetteville. Mr. Stancil stated that at this time the owner of the Second Baptist Cemetery had not been determined. He reviewed the maintenance estimates, which had been prepared for the Council. Mayor Pro Tem McBryde inquired if an owner could not be determined, would the City be responsible for the maintenance of the cemetery. Mr. Stancil replied that a maintenance easement would have to be obtained by condemnation. MOTION: Councilmember Williams moved to approve maintenance options 2.b (1 day per month at $325 per month for an annual cost of $2,600) and option 3 (initial preparation of $8,300). SECOND: Councilmember Fogleman Councilmember Fogleman stated she was apprehensive that a precedent would be set, but she felt the historical significance of this cemetery dictated the City getting involved. Councilmembers Kendrick, Talbot and Milligan stated they could not support the motion. Councilmember Worthy stated he supported the $2,600 annual maintenance as a minimum of help from the City. A discussion ensued regarding the ownership of the cemetery and the condemnation procedure, which would be required for the maintenance easement. Mr. Stancil stated that the City did not want to own this cemetery and be responsible for the burying of persons on the remaining plots, but would rather get the maintenance agreement. FRIENDLY AMENDMENT TO THE MOTION: Councilmember Fogleman moved to have the City assist the Old Wilmington Road association with the preparation of the cemetery with the association then taking over the maintenance. Councilmember Williams stated he could not accept the friendly amendment. City Attorney Robert Cogswell inquired if an owner were ascertained what value would the Council want to pay for the easement. He stated the normal value was the fair market value. SUBSTITUTE MOTION: Councilmember Cheek moved to postpone this issue for two months to get a title search done to determine ownership and to determine through the Historic Resource Commission whether the property could be designated as historical property. SECOND: Councilmember Kendrick Councilmember Worthy inquired if the necessary repairs could be done during the interim of waiting. Mr. Cogswell stated the City would have to have permission to enter private property. Councilmember Fogleman withdrew her second to the original motion. Councilmember Massey inquired as to why the title search had not been done because he thought it was to have been done before the issue was brought back before Council tonight. Mr. Stancil stated the Real Estate Division had worked on the project but had been unable to ascertain the owner. Councilmember Worthy inquired as to what kind of help the City could extend while the process was being studied. Mr. Stancil stated that a grant could be given to the association by the City to accomplish the task and then the association could contract with someone else. SUBSTITUTE MOTION VOTE: Failed by a vote of 4 in favor (Councilmembers Kendrick, Cheek, Talbot, and Smith) to 8 in opposition (Councilmembers Worthy, Williams, Fogleman, Kizer, Milligan, Massey, Haire, and McBryde) MOTION: Councilmember Worthy moved to make the same motion as Councilmember Cheek's motion, except to allow the staff to discuss the possibility of a grant with a report being made to the Council at the next meeting on the findings. SECOND: Councilmember Massey VOTE: Passed by a vote of 7 in favor (Councilmembers Fogleman, McBryde, Worthy, Smith, Williams, Massey, and Haire) to 5 in opposition (Councilmember Cheek, Kendrick, Talbot, Kizer, and Milligan) 6. APPOINTMENTS: A. Announcement of Council appointments to Government Structuring Task Force. The following appointments were made: NOMINATOR NOMINEE J. L. Dawkins Jeff Riddle Milo McBryde George Breece Anne Fogleman Carole Goforth Jimmy Kizer Frank Moorman Betty Milligan Elton Hendricks Paul Williams Martha Duell Robert Massey James Florence D. J. Haire Sharon Drake Suzan Cheek Jeff Thompson Mark Kendrick Charles Jordan Curtis Worthy Troy Graham Don Talbot Frank Kelly Wick Smith Linda Lee Allan 7. ADMINISTRATIVE REPORTS A. Report on signing for hearing-impaired during City Council meetings. City Manager Roger Stancil presented this item. Mr. Stancil reported that the City did not have the capability for a split screen or the ability to have one camera on one person, and he felt the project was cost prohibitive at this time. MOTION: Councilmember Worthy moved to consider this item for information and leave it to the guidance of the City Manager. SECOND: Councilmember Kendrick VOTE: UNANIMOUS B. Update on Ad Hoc Dog Committee. City Manager Roger Stancil presented this item. Mr. Stancil stated in order to make budget preparations, the following recommendation needed to be approved: 1. Authorize the City Manager to work with the County Manager to designate appropriate County staff as official liaison with the Committee; 2. Give direction to the Committee to make recommendations to Council at the May 17 meeting. The Committee's direction should be to outline needs and concerns so that the City Attorney can draft the appropriate ordinances in coordination with the County. MOTION: Councilmember Fogleman moved to follow the recommendations of the City Manager. SECOND: Councilmember Worthy Councilmember Talbot requested a 60-day extension due to the complexity of the situation and the subject matter. Mr. Stancil replied there was a need to proceed because of the budget. He stated the Committee had been charged with the task of coming up with recommendations and after the recommendations have been made to the Council, the ordinance will be drafted by the City Attorney. VOTE: Passed by a vote of 9 in favor to 3 in opposition (Councilmembers Talbot, Williams and Haire) 8. Consideration of report from Policy Committee. Mayor Pro Tem McBryde presented the following items: 1. Amend Section 2-4, Parliamentary Procedure, of the Code of Ordinances of the City of Fayetteville (eliminating debate on second reading of an item) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 2-4, PARLIAMENTARY PROCEDURE, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1999-004. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS 2. Amend Section 20-199, Procedure for Obtaining Permit, of the Code of Ordinances (requiring 30 days notice for special events). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 20-199, PROCEDURE FOR OBTAINING PERMIT, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1999-005. MOTION: Councilmember Fogleman moved to approve. SECOND: Councilmember Kizer VOTE: UNANIMOUS Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book S1999. 3. Adopt City Council Policy 160.7, fees for parades, motorcades and special events. MOTION: Councilmember Kizer moved to approve. SECOND: Councilmember Milligan VOTE: UNANIMOUS The following policy was approved: Fees for Parades, Motorcades and Special Events 1. (a) Any approved applicant, pursuant to Article XI, Chapter 20, of the Fayetteville City Code, shall pay to the Collections Division of the Finance Department at least ten (10) working days prior to the scheduled parade, motorcade, or special event, the following deposit and permit fee based upon estimated attendance: Number of Attendees Permit Fee Deposit Up to 50 $ 75.00 $100.00 501-2,500 $150.00 $200.00 In excess of 2,500 $300.00 $500.00 (b) After the parade, motorcade or special event is over, upon satisfactory proof to the City Manager or his designee that the venue is clean, there are no damages to City property or individuals as a result of the applicant's activities, and the applicant has complied with all City ordinances, rules, and regulations, the deposit shall be returned to the applicant. 2. Events in residential neighborhoods hosted by residents of that neighborhood, which produce minimal impact on through-traffic, and use minimal City resources, shall be exempt from the fees set forth herein. A discussion was held regarding who would pay the fees. Mr. Stancil clarified that everyone would pay the fees unless it was a City-sponsored event. 4. Affirm City Council Policy 155.4, naming of City properties in honor of individuals, and rescind Policy 140.3, procedure for naming or re-naming Parks and Recreation property. An in-depth discussion was held regarding the pros and cons of revising the policy and the procedure to be used. Mayor Pro Tem McBryde stated the Committee had not been charged with the task of setting the procedure to be followed in response to a question by Councilmember Kendrick. MOTION: Councilmember Kendrick moved to approve and affirm Policy No. 155.4 and to rescind Policy No. 140.3. SECOND: Councilmember Massey VOTE: Passed by a vote of 10 in favor to 2 in opposition (Councilmembers Williams and Talbot) The following policy was approved: Naming of City Properties in Honor of Individuals Any City-owned property or project, after it is completed, may be named only in honor of deceased individuals. 5. Amend City Council Policy 160.3, guidelines for requesting speed limit changes, to change "property owners" to "residents" as petitioners and substitute "shall not" for "should not" regarding changing speed limits on thoroughfares. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Talbot An in depth discussion was held regarding how this revision would affect the Glensford Road situation, thoroughfares and feeder streets throughout the City. Mr. Kendrick inquired if the petition on Glensford Road could still be addressed by the Council if the policy was passed. Mr. Stancil replied in the affirmative. VOTE: Passed by a vote of 10 in favor to 2 in opposition (Councilmembers Cheek and Smith) The following policy was approved: Requests for Speed Limit Change A petition may be submitted by a majority of the residents abutting streets in a neighborhood for reduction or increase of the speed limit. Upon receipt of a valid petition, City Council will hold a public hearing to consider the request. A reduction in speed limit below the State standard 35 mph urban speed limit shall not be implemented on streets shown on the adopted Thoroughfare Plan or the Feeder Street System Plan. 6. Consideration of setting joint meeting date with Cumberland County Commissioners (April 12 recommended by Commissioners). MOTION: Councilmember Kendrick moved to set the meeting as recommended, on April 12, 1999. SECOND: Councilmember Milligan VOTE: UNANIMOUS INFORMATION ITEMS: 1. Invitation from Mid-Carolina Council of Governments to attend a legislative breakfast for members of the General Assembly and local government officials. 2. Copy of Resolution of cooperation adopted by County Board of Commissioners. 3. American City and County magazine article. 4. Senior Citizens Advisory Commission - minutes of February 9, 1999. 5. Ad Hoc Dog Ordinance Committee - minutes of February 22, 1999. 6. PWC - minutes of February 10, 1999. 7. Monthly report from Cumberland County Animal Control. 8. Planning Division - monthly report for February 1999. (Inserted in packet) 9. Transportation Committee Agenda. (Inserted in packet.) MOTION: Councilmember Talbot moved to adjourn. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The meeting adjourned at 9:15 p.m. INFORMATION MEETING MARCH 22, 1999 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MARCH 22, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: James M. Kizer, Jr. (at-large) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Terrie Hutaff, Assistant Human Resources Officer Lisa Smith, Chief Financial Officer Nedra Rodriquez, Financial Analyst Craig Hampton, Administrative Services Director Pete Piner, Chief Operating Officer, Fire/Emergency Management Benny Nichols, Assistant Fire Chief Joe Boyd, Information Systems Director Tracey Glover, Systems Support Manager Steve Blanchard, PWC Manager James Rose, PWC Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Haire followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented Ms. Virginia M. Helwig and Dr. Barry Bostic of the Ad Hoc Dog Ordinance Committee with a proclamation declaring March 27, 1999, as Fayetteville Tag Day to encourage all pet owners to ensure the safety of their pets. Dr. Bostic, a veterinarian, implanted a microchip transponder under the skin of Alpha, Mr. Leon Goldstein's dog, and demonstrated how the identification number could be read on a scanner. Mayor Dawkins presented a proclamation declaring the week of March 29 through April 4, 1999, as Fayetteville, North Carolina, Community Development Week and April 8, 1999, as Fayetteville, North Carolina, Development Day, to Mr. Burney Rivenbark, a member of the Fayetteville Revelopment Commission. Mayor Dawkins stated the Character Education Concept for March 1999 was fairness. 1. APPROVAL OF AGENDA Mayor Dawkins announced that Councilmember Kizer would be absent from the meeting due to illness. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Kizer. SECOND: Councilmember Kendrick VOTE: UNANIMOUS MOTION: Mayor Pro Tem McBryde moved to approve the agenda. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Kizer excused) 2. Update on Juvenile Assessment Center Mr. John F. Clark, Director of the Juvenile Assessment Center, updated the Council on the Juvenile Assessment Center by reviewing the timeline of events, the services offered by the center, and a breakdown of the admissions into categories by age, sex, and race. Lt. Eugene Hallock of the Fayetteville Police Department reviewed the referral sources, the legal status, living arrangements, and case management aspect of the Assessment Center's admissions. Mr. Clark thanked the Council and Chief Hansen for their support and leadership to the Juvenile Assessment Center. Mr. Clark stated the philosophy of the center was to hold the participants accountable for their actions, but at the same time let them know someone cares. 3. Presentation by Excellence in Government Task Force for fleet maintenance. Mr. Craig Hampton, Administrative Services Director, presented the first part of this item. Mr. Hampton introduced the members of the focus group and reviewed their charge and Mission Statement: to review the current internal and external processes and services of the Fleet Maintenance Division in order to achieve and/or maintain the established industrial standards, as well as to meet customer needs. Mr. Hampton gave an overview of the Fleet Maintenance Division to include staffing, departmental setup, and the number of vehicles in the Fleet Maintenance Division. Ms. Nedra Rodriquez presented a progress report on the parts inventory. She stated parts have been purchased for all City owned vehicles with an average inventory of $160,000. Ms. Rodriquez stated the benefits of privatization would be the elimination of inventory stock, the elimination of the risk of obsolescence, and the elimination of the risk of shrinkage. She stated that $101,000 could be eliminated from the operating expense budget with $7,200 being earned in interest on the eliminated inventory stock funds. Mr. Benny Nichols, Assistant Fire Chief, reported the focus group had established department vehicle coordinators, had set service and repair benchmarks, and had done a fleet survey of ten cities for comparisons. Assistant Fire Chief Nichols stated the collection of data in this division needed to be improved in order to identify the work productivity. He stated the focus group was reviewing the existing maintenance software, researching available maintenance software programs, and establishing customer service benchmarks for vehicle repairs and services. He also stated there would be a continuing effort to gather data and a cost benefit analysis would be available in four to six months with the conclusion of the tasks projected for October 1999. A discussion was held regarding downtime which might result from privatization, the legal limitations of the bidding process for parts, the possibility of forming a coalition with PWC and the County to determine how money could be saved, and addressing the City's concerns about the quality and availability of parts if a bidding process were begun. 4. Excellence in Government: Lessons Learned Ms. Terrie Hutaff, Assistant Human Resources Officer, made a presentation on the lessons which have been learned in the Excellence in Government Task Force projects. She stated the purpose of each group needed to be more clearly defined with the process being done in phases and with milestones and time frames being set out more clearly. Ms. Hutaff reviewed the proposed procedural changes to include the four phases of the process, the selection of the members including a clearer definition of their roles in the focus group, the establishment of more realistic time frames, and the publishing of milestones and time frames for progress reports and the final report. Ms. Hutaff stated there was a need to systemically identify information each department should collect for future reviews and benchmarking. She recommended that no reviews be conducted on departments recently reorganized, and that internal members be given time away from their jobs. 5. Presentation on City of Fayetteville Year 2000 Project. Mr. Joe Boyd, Information Systems Director, presented an update on the City's year 2000(Y2K) status. Mr. Boyd stated the City had spent to date $1.6 million with emphasis being placed on life, health, and safety issues. He stated PWC had spent $564,000 to date. Mr. Boyd reviewed the steps which had been taken by the City in conjunction with PWC to ensure that services would go on as usual. He stated everything was on track and the remainder of time would be spent on testing, remediation, and tracking federal, state, and County process for potential impacts. Ms. Charlotte Morrison, PWC's Y2K Coordinator, reported on the status of PWC's readiness. She stated the customer information systems and the plant systems critical equipment had been completed, and the financial systems would be completed by the third quarter. Mr. Boyd stated the City needed to keep the public informed, and to develop and post its Y2K disclosure statement and readiness report (PWC has been done). Mr. Boyd stated it was imperative that the City know what needs to be fixed and how much it costs, fix it on priority, and continue contingency planning and emergency preparedness with the County. Fire Chief Pete Piner reported that the Emergency Management equipment will be working. Councilmember Cheek inquired about the Airport and the traffic light signals. Mr. Boyd stated that the traffic signals were not date or time dependent and would operate as usual. He stated the airport was heavily dependent on the FAA and all flight issues were under the FAA's control. Mr. Boyd advised that otherwise the Airport was on target. Councilmember Massey suggested that the City open a hotline to address the citizens' Y2K concerns. 6. Update on efforts to receive National Register Historic District designation for the local downtown historic district. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal stated the North Carolina State Historic Preservation Office would be holding a public hearing on March 29, 1999, at noon in the Council Chamber to discuss the nomination of the local downtown historic district for designation to the National Register of Historic Places. Mr. Teal stated designation of the remaining portion of the historic district would provide the properties that are contributing to the district with eligibility for the 40 percent tax credits for building rehabilitation. A discussion was held regarding the distinction between contributing and non-contributing properties, future growth of the historic district, and the inclusion of the Masonic Building on Ray Avenue in the district. 7. Information on joint meeting scheduled for Tuesday, March 30, between the City Planning Commission and the Cumberland County Planning Board. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He reviewed the date, time and place of the meeting, and encouraged all councilmembers to attend. INFORMATION ITEMS: 1. Statement of taxes collected for the month of March 1999, from the Cumberland County Tax Administrator. 1998 Taxes $549,941.58 1998 Vehicle Taxes 198,445.52 1998 Revit 1,680.83 1998 Vehicle Revit 162.34 1998 FVT 25,120.30 1998 Storm Water 52,947.64 1997 Taxes 11,770.59 1997 Vehicle Taxes 17,719.87 1997 Revit 36.00 1997 Vehicle Revit 1.54 1997 FVT 2,655.00 1997 Storm Water 1,397.70 1996 Taxes 3,326.80 1996 Vehicle Taxes 727.47 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 139.54 1996 Storm Water 769.13 1995 Taxes 1,423.95 1995 Vehicle Taxes 146.11 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 10.00 1995 Storm Water 244.77 1994 & Prior Taxes 1,613.13 1994 & Prior Vehicle Taxes 231.05 1994 & Prior Revit 0.00 1994 & Prior Vehicle Revit 0.00 1994 & Prior FVT 35.00 Interest 21,043.42 Interest (Revit) 49.39 Interest (Storm Water) 1,797.73 Fayetteville Discount (0.54) Revit. Discount (0.00) Total Collections $893,435.86 2. Report of tax refunds less than $100. Name Year Basis City Refund Gardner, Charles T. & Wife 1998 Clerical Error $90.79 Felix, Kevin Michael 1997 Military non-resident 80.88 Arnold, Micki A. & Marcus S. 1997 Military non-resident 25.59 Arnold, Marcus S. 1997 Military non-resident 23.96 Total $221.22 3. Memo on meeting location for April 12 joint meeting with County Commissioners. 4. Police Department - report from the Office of Professional Standards for the month of February, 1999. 5. Parks and Recreation Advisory - minutes of February 22, 1999. 6. FAEDC: minutes of February 16, 1999, Monthly Activities Report, Planning Session Results. MOTION: Mayor Pro Tem McBryde moved to adjourn. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Kizer excused) The meeting adjourned at 9:10 p.m. REGULAR MEETING APRIL 5, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER APRIL 5, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Terrie Hutaff, Assistant Human Resources Officer Victor Sharpe, Planning Department Manager Kathy Kem, Planning Department Kumar Neppalli, City Traffic Engineer Ron Hansen, Chief Operating Officer, Police Lisa Smith, Chief Financial Officer Craig Hampton, Administrative Services Director Pete Piner, Chief Operating Officer, Fire/Emergency Management Robert Barefoot, Chief Operating Officer, Recreation/Community Facilities Vera Bell, Chief Operating Officer, Solid Waste Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Michael L. Whiting, Associate Pastor, Smith Chapel Free Will Baptist Church, and Campus Life Outreach Director, Fayetteville Area Youth for Christ, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins announced that Max Abbott Middle School was the winner in the Middle School Quiz Bowl competition held March 26, 1999. Participants included sixth, seventh and eighth graders from across Cumberland County. Mayor Dawkins was especially proud of the Max Abbott Middle School team as his grandson, Jay Dawkins, was a participant and was the captain of the sixth grade team. Mayor Dawkins stated that Mr. Alvin Taylor died on April 2, 1999. Mayor Dawkins stated the Character Education Concept for April 1999 was citizenship. 1. APPROVAL OF AGENDA City Manager Roger Stancil presented the agenda. Mr. Stancil requested to remove Item 2.M, approve interlocal agreement between City of Fayetteville and County of Cumberland for transit services to the Cumberland County Industrial Park, from the agenda and to add as Item 2.M the Cape Fear Crocs' request for permission for fireworks displays. Mr. Stancil requested the Council to review the memo he had received from Ed Melvin, Chairman of the Cumberland County Board of Commissioners, regarding the proposed format for the joint meeting to be held on April 12, 1999. Mr. Stancil requested to add a closed session to discuss property acquisition as Item 15 and to add the report from Cooper & Secrest, the Washington, D.C. firm used to conduct the citizen survey as Item 4.B. Councilmember Kizer requested to abstain from voting or discussion on Consent Item 2.J. MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Kizer to abstain from voting or discussion on Item 2.J. SECOND: Councilmember Smith VOTE: UNANIMOUS Councilmember Talbot requested to move Item 12, consideration of placement of a POW/MIA flag in the City Council Chamber, closer to the beginning of the meeting. The item was added as consent Item 2.N. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the deletion of the original Item 2.M, and the substitution of the new item 2.M, and to include the other moves and additions as requested. SECOND: Councilmember Worthy VOTE: UNANIMOUS 2. CONSENT: MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exception of Item 2.J. SECOND: Councilmember Worthy VOTE: UNANIMOUS The following items were approved: A. Approve minutes of regular meeting of March 1, 1999. B. Approve minutes of regular meeting of March 15, 1999. C. Approve minutes of information meeting of March 22, 1999. D. Refer to the City Council Transportation Committee the review of the design of the proposed Bunce Road Median. E. Approve the following traffic matters: 1. Adopt ordinances amending Chapter 20, Motor Vehicles and Traffic, for stop control. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 6, STOP INTERSECTIONS. ORDINANCE NO. NS1999-006. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. 2. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, to extend the existing no parking at anytime on Fordham Drive up to Banbury Drive. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 11, PARKING PROHIBITED AT ALL TIMES. ORDINANCE NO. NS1999-007. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. F. Adopt resolutions supporting the following Legislative Bills: 1. NC Senate Bill 239, "To maintain unexpended allocated projects funds within the division in which they were originally assigned." RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO SUPPORT THE APPROVAL OF SENATE BILL NO. 239 TO MAINTAIN UNEXPECTED ALLOCATED PROJECTS FUNDS WITHIN THE DIVISION IN WHICH THEY WERE ORIGINALLY ASSIGNED. RESOLUTION NO. R1999-031. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 2. NC House Bill 333, "To maintain unexpended allocated projects funds within the division in which they were originally assigned." RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO SUPPORT THE APPROVAL OF HOUSE BILL NO. 333 TO MAINTAIN UNEXPENDED ALLOCATED PROJECTS FUNDS WITHIN THE DIVISION IN WHICH THEY WERE ORIGINALLY ASSIGNED. RESOLUTION NO. R1999-032. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. G. P98-46F. Approve the initial zoning to various residential, commercial, professional and industrial zoning classifications for an area containing 685.58 acres more or less and comprised of Lafayette Village and Gallup Acres. Being all of Area 3B, annexation ordinance number 98-08-434, and being annexed by the City of Fayetteville, effective June 30, 1999. H. P99-6F. Approve the rezoning from R15 Residential District to R10 Residential District or to a more restrictive zoning classification for an area located on the north side of Morganton Road, east of Seven Oaks. Containing 1.1 acres more or less and being the property of Carl P. Williford as evidenced by deed recorded in Deed Book 4850, Page 414, Cumberland County Registry. I. Authorize City Manager to make decisions on use of City facilities pursuant to N.C.G.S. 163-99. J. Pulled for discussion. K. Approve award of contract for purchase of 30,000 feet of 750 MCM Underground Primary Power Cable to Scott-Parish (Wake-Forest, NC), low evaluated bid, in the amount of $107,166.90. (PWC) Bids were received as follows: Scott-Parish (Wake Forest, NC) $107,166.90 Rigby Electric (Rocky Mount, NC) $106,470.00 WESCO (Raleigh, NC) $108,510.00 Power Supply (Matthews, NC) $99,540.00 L. Approve request from American Lung Association to hang banners announcing the Fourth Annual $1,000,000 Hole-In-One Shootout. M. Consideration of request from Cape Fear Crocs for fireworks displays. N. Consideration of placement of a POW/MIA flag in the City Council Chamber. (Requested by Councilmember Don Talbot) O. Approve award of contract for construction of 8" sewer line for Pine Forest Junior High School to T.A.Loving (Goldsboro, NC), low bid, in the amount of $208,402.00.(PWC) Bids were received as follows: T.A. Loving (Goldsboro, NC) $208,402.00 Autry Grading, Inc. (Fayetteville, NC) $215,633.50 Blue Construction (Sanford, NC) $229,590.00 Myers Construction (Fayetteville, NC) $230,414.94 Odell Smith & Sons (Spring Lake, NC) $232,901.50 Wellons Construction (Dunn, NC) $258,599.00 ES&J Enterprises (Autryville, NC) $263,225.00 McClam & Associates (Little Mountain, NC) $263,357.00 Frank Horne Construction (Fair Bluff, NC) $272,376.00 R.H. Moore (Murrells Inlet, SC) $275,223.00 Colt Contracting (Clinton, NC) $384,011.70 MOTION: Mayor Pro Tem McBryde moved to approve Item 2.J. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Kizer abstaining) 3. PUBLIC HEARINGS: A. Consideration of appeal by Briarcliffe Condominium Association of the Planning Commission's decision to deny a revised site plan closing the entrance and exit to the complex from Blanton Road. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal explained that in late 1998 the Briarcliffe Condominium Association had closed the Blanton Road entrance into the complex, thereby placing all traffic onto Tryon Drive. Mr. Teal stated the residents along Tryon Drive objected to the traffic volume which had been created by this change. Mr. Teal explained that the original site plan approved by the Cumberland County Planning Board on March 20, 1984, showed the entrance and exit point off of Blanton Road, and because of this he had contacted the Homeowners Association and informed them they were in violation and the access point on Blanton Road needed to be reopened. Mr. Teal stated he had informed Mr. Bill Little that the Planning Commission could amend the site plan allowing the association to close the Blanton Road access point. The Planning Commission denied the association's request and Mr. Little appealed the decision of the Planning Commission. Mr. Teal stated the Planning staff had concurred with the Planning Commission's decision and was recommending denial of the appeal. This is the advertised public hearing set for this date and time. The public hearing opened at 7:26 p.m. Mr. Dave Averette, 1717 Swann Street, Fayetteville, NC, and Mr. Mark Little, Homeowners Association representative, 217 Waterdown Drive, Fayetteville, NC, appeared in favor of the request. They stated the basic issue was crime versus traffic on Tryon Drive. Mr. Claude A. Campbell, 1700 Tryon Drive, Fayetteville, NC; Mr. Dwight Nixon, 1764 Tryon Drive, Fayetteville, NC; Ms. Rebecca L. Macias, 1724 Tryon Drive, Fayetteville, NC; Mr. Bob Shoptaw, 1735 Swann Street, Fayetteville, NC; Ms. Roxanne LeJeune, 1801 Swann Street, Fayetteville, NC; Mr. Chris Wickline, 1857-1 Tryon Drive, Fayetteville, NC; Mr. Ben Watson, 1916 Swann Street, Fayetteville, NC; and Ms. Linda H. Bosworth, 1733 Swann Street, Fayetteville, NC, appeared in opposition. The consensus of opinion expressed was that the safety of both the neighborhood and the children should be the priority, and the opening of the Blanton Road entrance would help the traffic situation. Mr. Averette and Mr. Little offered rebuttal to the opposition. There was no one further to speak and the public hearing closed at 8:03 p.m. MOTION: Councilmember Talbot moved to reopen the Blanton Road entrance and follow the recommendations of the Planning Commission to have two ingress and egress areas. SECOND: Councilmember Cheek A discussion was held regarding the pros and cons of the issue to include the forming of a community watch and the impossibility of a gated community because of public safety requirements. Councilmember Kendrick inquired about the responsibilities of the Homeowners Association for opening the Blanton Road entrance. Mr. Teal stated the association would have to replace the pavement and whatever else was needed for ingress and egress into the area. Councilmember Haire called the question. VOTE: Passed by a vote of 9 in favor (Councilmembers Haire, McBryde, Cheek, Kendrick, Worthy, Talbot, Fogleman, Williams, and Massey) to 3 in opposition (Councilmembers Milligan, Kizer and Smith) B. P99-5F. Consideration of the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1905 and 1907 Rosehill Road, and 108 Sunset Avenue. Containing .43 acres more or less and being the property of Marion Sharpless and Glenn Terry Caulk as evidenced by deeds recorded in Deed Book 4865, Page 340, and 2343, Page 71, respectively, Cumberland County Registry. Ms. Kathy Kem of the Planning Division staff presented this item. Ms. Kem reviewed the current land use, rezoning history, and the 2010 Land Use Plan. She stated the Zoning Commission recommended approval of the rezoning and the Planning staff recommended denial because the proposed use would be an encroachment of a nonresidential use in a residential area. Ms. Kem also stated access would not be possible from Rosehill Road and a hazardous situation for uses other than residential would be created due to the existence of a concrete media on Rosehill Road. This is the advertised public hearing set for this date and time. The public hearing opened at 8:36 p.m. Mr. Matthew Plyler, Attorney, 1014 Hay Street, Fayetteville, NC, appeared on behalf of the owners and requested approval of the request for rezoning. Mr. Plyler stated that a fallback plan of rezoning to P2 would allow the anticipated use and would be acceptable to his client. Ms. Marian Sharpless, 1867 Brodell Drive, Fayetteville, NC, owner of the property, appeared in favor of the request. There was no one further to speak either in favor or opposition. The public hearing closed at 8:42 p.m. MOTION: Councilmember Worthy moved to approve the rezoning to P2 to address his concerns about buffering. SECOND: Councilmember Milligan A discussion was held regarding the Council's concern about traffic in the area. VOTE: UNANIMOUS 4.A. Consideration of request to address City Council from Rev. E. H. Bain, Sr., regarding assessment of sewage lines installed on Lark Court. Reverend E. H. Bain, 937 Lark Court, Fayetteville, NC, addressed the Council requesting an adjustment on the PWC sewer assessment of $2,605 for the property owners on Lark Court. Reverend Bain stated he felt the assessment should have been based on a lot frontage basis rather than a per lot basis. City Manager Roger Stancil stated that the Council's policy had been to assess on a per lot basis because all of the residents were receiving the same service. Mr. Stancil also said the assessment roll had been adopted after a public hearing had been held and nothing can be done to change it now. 4.B. Report on Citizen Survey by Cooper & Secrest, Washington, D.C. Mr. Alan Secrest, President of Cooper & Secrest, presented a summary of the results of the telephonic survey of 609 residents that was done on February 14 and 15, 1999. Mr. Secrest gave the following summary of the key highlights, common themes and challenges that emerged from the report: 1. By and large, residents are confident in the direction of the City (58% believe things are generally headed in the right direction, 23% insist things are off on the wrong track) and are satisfied with life here (80% at least somewhat satisfied). However, only 34% of residents describe themselves as very satisfied with life in this community. 2. The City government itself is about as well regarded as any government can be (55% positive, 41% negative job ratings) and fares better when we ask residents about specific services and functions of the City government. However, while still regarded as accessible to citizens with a problem, there is an appreciable perception that City leaders do not always consider the public's opinions when making key decisions. 3. The three most pressing issues facing the City according to residents are crime (judged a "major problem" by 54% of residents), traffic (49% major problem) and property taxes (43% major problem). Also, by a two to one margin, residents prefer a statement arguing for more regulation of (commercial) growth over a statement against growth and development. 4. Ambulance service, trash pickup, and police protection all win high satisfaction marks in this survey. Only on improving traffic flow do a majority of respondents criticize the City's efforts. 5. While black residents and white residents are on the same page for the most part in the data that follows, key and potentially problematic differences arise on a number of issues. Perhaps most notably, black residents are 12-points less likely to have called the police in the last four years and also less likely to approach the City government with a problem. There was not a similar disconnect among military households in this community. Mr. Secrest said that on the whole, the City should take justifiable pride in the residents' "report card" on their efforts. Residents leave City leaders with a number of challenges as well, ranging from crime, racial harmony, to growth. Moreover, we find more "B's" than "A's" in this report, even on those services and issues where residents don't really see a problem. Fayetteville emerges in this survey as better off--in terms of government, quality of life, etc.--than most cities, but with room for improvement. Mr. Secrest said the improvements that were needed were well within the City leaders' reach, especially with the solid foundation already in place. A discussion was held regarding the survey results, the techniques used during the survey, and the location of the survey respondents. 5. Consideration of request from Parks and Recreation Advisory Commission to name a ballfield at College Lakes Park in honor of Alton Hare. Ms. Linda Miller, Chairman, Parks and Recreation Advisory Commission, requested that the Council allow the Commission to proceed with the naming of the ballfield at College Lakes in honor of Alton Hare. Ms. Miller stated the procedures as set out prior to adopting City Council Policy 155.4 and rescinding Policy 140.3 had been met and she felt it should be allowed to proceed as approved by the Parks and Recreation Advisory Commission. MOTION: Councilmember Haire moved to approve the naming as recommended because it had been in the pipeline prior to the policy change. SECOND: Councilmember Worthy Councilmember Worthy stated he thought it was unfair to change direction when a process had begun and the Commission should proceed with the new policy applying to all requests from this time forward. Mayor Pro Tem McBryde stated the Policy Committee was aware of this issue when the decision was made to revise the policy, but the issue itself was not addressed and therefore, he felt the Committee was in agreement with the request. VOTE: Passed by a vote of 8 in favor (Councilmembers McBryde, Cheek, Worthy, Talbot, Fogleman, Williams, Massey, and Haire) to 4 in opposition (Councilmembers Kendrick, Smith, Kizer, and Milligan) 6. Consideration of setting a public hearing to consider speed limit reduction on Glensford Road from Cliffdale Road to Belford Road. City Manager Roger Stancil presented this item. He stated several petitions had been received requesting a reduction of the speed limit and a public hearing had been set for all other streets in the Montclair area except for Glensford Drive. Mr. Stancil stated that since the petition had been received, the policy had been changed to reflect that no speed limit less than 35 mph would be allowed on a street which had been designated on the Thoroughfare Plan and Glensford Road was in that plan. MOTION: Councilmember Cheek moved that since this petition had been received prior to the policy change, that the public hearing be set for May 3, 1999. SECOND: Councilmember Smith VOTE: Failed by a vote of 7 in opposition (Councilmembers McBryde, Talbot, Fogleman, Kizer, Milligan, Williams, and Worthy) to 5 in favor (Councilmembers Cheek, Kendrick, Smith, Massey, and Haire) 7. Consideration of a 2010 Land Use Plan Update for an area located along Ramsey Street between Facility Drive and Colonial Drive. Mr. Victor Sharpe, Planning Department Manager, presented this item. He stated the Planning Commission had recommended that the recommended land use for an area located along Ramsey Street between Facility Drive and Colonial Drive be changed from medium density residential to light commercial and office and institutional. Mr. Sharpe requested to amend the request to include the property rezoned in Item 3.B of the agenda. MOTION: Councilmember Kizer moved to approve the recommended change to the 2010 Plan. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS Councilmember Milligan requested that the City study the high traffic density on Ramsey Street. Councilmember Smith stated for the record that Ramsey Street is a state road and the state's responsibility. Mr. Sharpe stated he would come back within 60 days with a study of the area. 8. Consideration of annexation agreement between the City of Fayetteville and J.P. Riddle Family Limited Partnership for an area located in the Glensford Road extension area. (Cliffdale Road to Morganton Road) City Manager Roger Stancil presented this item. He recommended approval of the agreement. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS 9. Consideration of a resolution endorsing the nomination to the National Register of Historic Places for an area in the Downtown District. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ENDORSING THE DESIGNATION OF FAYETTEVILLE'S DOWNTOWN HISTORIC DISTRICT TO THE NATIONAL REGISTER OF HISTORIC PLACES. RESOLUTION NO. R1999-033. MOTION: Councilmember Fogleman moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 10. Consideration of the following matters related to waste collection: A. Consideration of award of contract for Residential Solid Waste Collection for the period of July 1, 1999, through June 30, 2004, to Waste Industries, Inc. City Manager Roger Stancil presented this item. He recommended awarding the contract to Waste Industries, Inc., Hope Mills, NC, for residential solid waste collection at an estimated annual cost of $485,678.89, to include the performance bond. Mr. Stancil stated the figures represent a monthly cost of $6.19 per resident for approximately 6,506 residences for the period of July 1, 1999, to June 30, 2004. The following bids for monthly costs for residential pickup were received: Waste Industries, Inc. (Hope Mills, NC) $42,685.34 Waste Management of Carolinas, Inc. (Atlanta, GA) $48,757.16 Cumberland Garbage & Trash Service, Inc. (Fay., NC) $36,686.05 (This bid was for Item #2 only) MOTION: Councilmember Fogleman moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS B. Consideration of bids submitted for recycling services. City Manager Roger Stancil presented this item. Mr. Stancil stated the low bid for curbside recycling services throughout the City would be almost $1 million per year and an added expense to the City budget. Mr. Stancil stated that the information received from the collection companies confirmed the lack of markets for recyclables and he recommended no action be taken at this time. Councilmember Fogleman suggested that citizens be encouraged to exert pressure on state and federal governments to gain mandates for recycling and source reduction. Mr. Stancil stated he was unaware of any pending legislature at a state level regarding this issue. He stated it might have to be done at a federal level. 11. Discussion of items of April 12 Joint Meeting with Cumberland County Board of Commissioners. MOTION: Councilmember Smith moved to adopt the County's agenda for the meeting. SECOND: Councilmember Worthy VOTE: UNANIMOUS The following meeting objectives were approved: 1. Establish consensus on areas to be discussed together. 2. Explore methods for evaluating those areas. 3. Establish communications channels for future meetings/issues. 12. This item was approved as consent Item 2.N. 13. APPOINTMENTS: A. Joint Senior Citizens Advisory Commission - election of nominee to fill one vacancy. Mayor Pro Tem McBryde nominated Mr. Richard Bishop. Councilmember Worthy nominated Reverend E. H. Bain. Mayor Dawkins requested that Mr. Bishop's address of 199 Farmers Road be verified as being within the City limits. 14. ADMINISTRATIVE REPORTS A. Report on move of Transit transfer facility. B. Report on cemetery maintenance proposal. City Manager Roger Stancil responded to the question submitted to the Council by Ms. Christine Smith. Mr. Stancil stated there was nothing preventing the Council from accepting the maintenance of the cemeteries but it was his recommendation that the City not take over the maintenance of any cemetery and that the Wilmington Road Association look for funds from Community Development Grants or as an outside funding source from the upcoming budget. C. Report on sodding costs for Lenoir Street. Closed session to discuss property acquisition. MOTION: Councilmember Kendrick moved to go into closed session to discuss property acquisition. SECOND: Councilmember Kizer VOTE: UNANIMOUS The closed session began at 10:20 p.m. The regular session resumed at 10:40 p.m. INFORMATION ITEMS: 1. Copy of information forwarded to Congressman Robin Hayes regarding issues of importance to the City of Fayetteville. 2. Report on costs for construction of Langdon Street/Commonwealth Drive Connector Thoroughfare (from US 401 By-Pass to Murchison Road) (Requested by Councilmember D.J. Haire) 3. Report on costs for construction of Alfred Street. (Requested by Councilmember D.J. Haire) 4. Information on Feeder Street Plan. 5. Ad Hoc Dog Ordinance Committee - minutes of March 9, 1999. 6. Redevelopment Commission - minutes of February 10, 1999. 7. Airport Commission - minutes of February 23, 1999. 8. PWC - minutes of February 24, and March 10, 1999. MOTION: Councilmember Fogleman moved to adjourn. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The meeting adjourned at 10:41 p.m. SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS APRIL 12, 1999 FAYETTEVILLE CITY COUNCIL/CUMBERLAND COUNTY BOARD OF COMMISSIONERS SPECIAL JOINT MEETING GRAND HALL AT THE ARTS CENTER 301 HAY STREET APRIL 12, 1999 7:30 P.M. Present: J. L. Dawkins, Mayor Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Commissioners Thomas B. Bacote, Chairman; Ed Melvin, Vice Chairman; Talmage Baggett; J. Breeden Blackwell; Billy R. King; H. Mac Tyson, II; J. Lee Warren, Jr. Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., City Chief Development Officer Jason Brady, City Public Information Officer Cliff Strassenburg, County Manager James Martin, Deputy County Manager Juanita Pilgrim, Assistant County Manager Tonya Harris-Council, County Public Information Officer Marsha Fogle, Clerk to the Board of Commissioners Mayor Dawkins called the City Council meeting to order and asked for a motion to approve the Agenda. MOTION: Councilmember Massey moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS Chairman Tom Bacote called the Board of Commissioners to order and asked for a motion to approve the Agenda. MOTION: Commissioner Melvin moved to approve. SECOND: Commissioner Blackwell VOTE: UNANIMOUS Mayor Dawkins recognized David Jameson, President, Chamber of Commerce, and Tony Chavonne, Chairman, noting the Chamber is providing refreshments for the evening. Mr. David Jameson thanked the two groups for allowing the Chamber to be a part of this meeting. The two Boards recessed for several minutes to enjoy the refreshments provided by the Chamber of Commerce. The two Boards reconvened. County Manager Cliff Strassenburg reviewed the agenda noting clarification of the roles of the two Managers. Their roles will be to act as facilitators for this meeting. In addition, Mr. Strassenburg reviewed the objectives of the meeting as approved previously by both Boards: l Develop consensus on topics of discussion; l Explore methods for evaluating those topics; and l Establish communication channels for future meetings/ issues. The following topics were listed for consideration for future discussion: l Joint Planning Process; l Animal Control; l Consolidation of Services; l Metrogovernment; l Entry Corridors/Landscape Ordinance; l Recycling; l Uniform Development Standards; l Landfill Location; l County Representation on PWC Board; l One Cent Local Option Sales Tax Bill; l Expansion of Human Relations Commission; l Expand Transit Service; l High Speed Rail Corridor; l Long-Range Planning: Transportation and Infrastructure; l Reservoir Project; l Coordination of Economic Development Efforts (FAEDC, Chamber, Fayetteville Partnership, Minority Business Development, Convention/Visitors Bureau); l Senior Citizens Center; l Health Care; l Parks/Recreation (Swimming Pools); l Report on Joint Purchasing; l Preserving Funds Set Aside for Roads in this Area; l Annexation (Tax Revenue Consequence and Fire Departments); l Joint Lobbying Effort in General Assembly (Ongoing coordination); l Involvement of Other Municipalities; l County Involvement in Bronco Square Project; l ASOM/Library Coordination; l Youth Commission; l One-Stop-Shop Permits; l Coordination with Military. Mr. Strassenburg indicated these items will need to be prioritized. This will be done as follows: l City councilmembers will receive 5 red dots (counts 1 each) to be placed by those issues important to them; l County commissioners will receive 5 blue dots (counts 2 each) to be placed by those issues important to them. These dots will then be counted and those receiving the highest number of points will indicate highest priorities. The topics noted above received the following points (highest priority to lowest): COUNTY CITY TOPIC VOTES VOTES TOTAL Joint Planning 10 6 16 One Stop-Shop Permits 12 2 14 County Representation on PWC Board 14 0 14 Consolidation of Services 10 2 12 One Cent Local Option Sales Tax Bill 4 8 12 Long-Range Planning 0 12 12 Expand Human Relations Commission 2 5 7 Expand Transit Service 2 4 6 Joint Lobbying Effort 4 2 6 Recycling 0 6 6 Metrogovernment 0 5 5 Entry Corridor/Landscape Ordinance 0 5 5 Youth Commission 0 4 4 Landfill Location 2 1 3 High Speed Rail Corridor 2 1 3 Uniform Development Standards 0 2 2 Coordination of Economic Development 0 2 2 Health Care 2 0 2 Parks/Recreation 0 2 2 Preserving Funds Set Aside for Roads 2 0 2 Annexation (Tax Revenue Consequences) 2 0 2 Animal Control 0 1 1 ASOM/Library 0 Coordination with Military 0 County Involvement in Bronco Square Project 0 Involvement of Other Municipalities 0 Report on Joint Purchasing 0 Reservoir Project 0 Senior Citizens Center 0 By consensus the two Boards looked at the top ten items and determined how they would facilitate discussion on them. 1. Joint Planning: A committee made up of three members of the City Council and three Commissioners will be appointed to discuss this issue. (Appointments will be made by the Mayor and Chairman of the Board of Commissioners.) 2. One Stop-Shop Permits: Staff will prepare information for consideration by the two Boards. 3. County Representation on PWC Board: Committee (2 commissioners, 2 councilmembers); (no consensus reached). 4. Consolidation of Services: Staff will prepare matrix and funding stream for consideration by the two Boards. 5. One-Cent Sales Tax: No vehicle for discussion. 6. Long-Range Planning: Committee appointed in #1 will discuss this issue. 7. Expand Human Relations Commission: Staff will prepare cost figures for review by both Boards. 8. Recycling: Staff will continue to work on this issue. 9. Expand Transit: Committee appointed in #1 will discuss this issue. 10. Joint Lobbying: (Highway Dollars): Trip to General Assembly (Members of both Boards) Some comments made by councilmembers and commissioners relative to the above topics are as follows: The Mayor suggested the County appoint a liaison member (non-voting) to the PWC Board. He noted that the Town of Hope Mills has a liaison to the PWC Board. It was also noted that the PWC Board is made up of county residents. Commissioner Baggett stated that because county residents do in fact provide a lot of revenue for PWC, it is important that the County have representation on the Board. Councilmember Wick Smith noted that deregulation will affect the revenues of PWC. He also stated that it is important that PWC establish communications with the County on what they are doing to help the county citizens. Commissioner Tyson noted that the County has access to low interest loans for water/sewer extensions and he felt PWC could benefit from some input from the County. Commissioner King noted the importance of being united in requesting the General Assembly to adopt the one cent local option sales tax, even though there are differences of opinion as to how it will be dispersed. Commissioner Warren noted that the Transportation Bills will affect all citizens of the county and that it is important that both bodies lobby the General Assembly to make sure we receive full benefit of potential funding in the amount of $570 million in the next seven years. The Board of Commissioners and the City Council discussed future meetings to follow-up on the issues discussed tonight. It was suggested that the City-County Liaison Committee meetings be put on hold for a while and that these joint meetings between the two boards replace them. MOTION: Mayor Pro Tem McBryde moved to scheduled the next meeting for the second Monday in July. SECOND: Commissioner Mac Tyson VOTE: FAVOR: 18 votes; OPPOSED: 2 votes MEETING ADJOURNED: 9:40 P.M. REGULAR MEETING APRIL 19, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER APRIL 19, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Lisa Smith, Chief Financial Officer Pete Piner, Chief Operating Officer, Fire/Emergency Management Robert Barefoot, Chief Operating Officer, Recreation/Community Facilities Janet Jones, City Clerk Tom McNeill, PWC Mick Noland, PWC Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend David Holloway, Second Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA Councilmember Kizer requested to abstain from discussion or voting on Item 2.F. MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Kizer to abstain from discussion or voting on Item 2.F. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Kizer abstaining) MOTION: Councilmember Milligan moved to include Item 12.A, report on cost of alternative Law Road Construction projects, in the discussion with Item 8.C, review of the proposed design of the Law Road Project. SECOND: Councilmember Kizer VOTE: UNANIMOUS City Manager Roger Stancil requested to remove Item 7, presentation of the one-year action plan, from the agenda. He stated the item would be presented at the information meeting on April 26, 1999. Councilmember Fogleman requested that Item 10.B of the April 5, 1999, minutes be changed to read as follows: Councilmember Fogleman suggested that citizens be encouraged to exert pressure on state and federal governments to gain mandates for recycling and source reduction. Councilmember Massey stated that Item 10, consideration of items for City/County Liaison Committee, needed a correction. Mr. Massey stated that Item 6, discussion of Cumberland County representative on the Fayetteville Regional Airport Commission (requested by Councilmember Talbot), had inadvertently been placed on the agenda without the Council's approval pursuant to policy. MOTION: Councilmember Massey moved to remove Item 6 from the City/County Liaison agenda at this time. SECOND: Councilmember Worthy VOTE: UNANIMOUS Mayor Dawkins stated that when the item was addressed, a decision could be made regarding the item which had been removed. A discussion was held regarding the number of speakers (2) allowed to speak in a non-public hearing and the amount of time allotted per speaker (5 minutes). MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the corrections made at this time. SECOND: Councilmember Massey VOTE: UNANIMOUS Mayor Dawkins stated the character education concept for the month of April was citizenship. Mayor Dawkins thanked the Council for the honor bestowed on him at the dedication ceremony for the J. L. Dawkins Plaza. He stated there were no words to express how the honor made him feel. He pledged that he and his family would work even harder for the betterment of the City of Fayetteville. 2. CONSENT: Mayor Dawkins presented the consent agenda. Councilmember Kizer requested to pull Item 2.B.2 for discussion. MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exceptions of Items 2.B.2 and 2.K. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The following items were unanimously approved: A. Approve minutes of regular meeting of April 5, 1999. B. Refer to the City Council Transportation Committee the following items: 1. Traffic Improvements on Blanton Road. 2. Pulled for discussion. C. Set public hearing for May 17, 1999, to consider the closing of approximately 194 feet of Swiftcreek Drive from Fairfield Road to the dead end as a public street. (northwestern corner of Lot 5, Plat book 63, Page 37, Cumberland County Registry) PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF SWIFTCREEK DRIVE. RESOLUTION NO. R1999-034. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. D. Approve Interlocal Agreement between City of Fayetteville and County of Cumberland for transit services to the Cumberland County Industrial Park. E. Approve request for permit for special event signs from the Fayetteville Shrine Club. F. Pulled for discussion. G. Approve low bid awards to Autry Grading Company (Hope Mills, NC) for construction of Cypress Lakes Area Water and sewer utilities in the following amounts: Phase 1 $903,667.50 Phase 2 $775,469.50 Phase 3 $682,088.50 Phase 4 $474,030.00 Bids were received as follows: Bidder Phase 1 Phase 2 Phase 3 Phase 4 Autry Grading Co. $903,667.50 $775,469.50 $682,088.50 $474,030.00 (Hope Mills, NC) R.H. Moore Co. $1,147,602.00 $985,086.50 $823,054.00 $539,355.00 (Murrells Inlet, SC) McClam & Associates $1,214,180.60- $895,627.20 $712,115.00 (Little Mountain, SC) ES&J Enterprises $1,410,201.40 $816,153.50 $684,400.00 $553,295.00 (Autryville, NC) Columbus Utilities, Inc. $1,802,129.18 $940,976.47 $825,187.60 - (Fair Bluff, NC) Colt Construction Co. - $809,872.16 $740,997.33 - (Clinton, NC) Billy Bill Grading - $1,107,691.00 $1,151,643.00 $885,542.00 (Fayetteville, NC) T.A. Loving - - - $535,000.00 (Goldsboro, NC) Brewer Excavation - - - $547,430.00 (King, NC) Multi-State Contracting - - - $702,280.00 (Rose Hill, NC) H. Approve Water and/or Sanitary Sewer Annexation Agreement with Biltwell, Inc., for properties located on Raeford Road and Sykes Pond Road, identified as Cumberland County PIN #9476-76-6495, #9476-86-1571, #9476-85-3898, and #9476-85-8319. (PWC) I. Approve Water and/or Sanitary Sewer Annexation agreement with Westin Centre for property located on US-401 South at Cliffdale Road, identified as Cumberland County PIN #9486-15-7700, #9486-15-9998, #9486-16-7085, and #9486-16-5181. (PWC) J. Approve renewal of Offer to Purchase - Option (Shiloh Development for Community Home Care, Inc.) K. Approve the following financial matters: 1. Capital Project Ordinance Close-out 99-5 (Transit Buses) This capital project close-out is for Capital Project Ordinance 97-4, adopted February 17, 1997, for the acquisition of three replacement buses. The buses were funded through federal (80%), state (10%), and local (10%) funds. Acquisition of the buses has been completed at a total cost of $722,850 and all associated revenues and expenditures have been audited. 2. Capital Ordinance Close-out 99-6 (Transit Buses, Vans and Other Capital Items) This capital project close-out is for Capital Project Ordinance 971, adopted October 21, 1996, for the acquisition of replacement vans, buses and other capital items. These items were funded through federal (82.8%) and state (17.2%) funds. Acquisition of these items has been completed at a total cost of $580,052 and all associated revenues and expenditures have been audited. 3. Capital Project Ordinance Close-out 99-7 (Transit Vehicle and Fueling System) This capital project close-out is for Capital Project Ordinance 94-3, adopted November 15, 1993, for the acquisition of a Transit vehicle and fueling system. These items were funded through federal (80%), state (10.9%), and local (9.1%) funds. Acquisition of these items has been completed at a total cost of $264,953 and all associated revenues and expenditures have been audited. 4. Capital Project Ordinance Close-out 99-8 (Transit Vans) This capital project close-out is for Capital Project Ordinance 93-2, adopted April 19, 1993, for the acquisition of three Transit vans. The vans were funded through federal (80%), state (10%), and local (10%) funds. Acquisition of the vans has been completed at a cost of $75,000 and all associated revenues and expenditures have been audited. 5. Capital Project Ordinance Close-out 99-9 (Various Capital Items for Transit) This capital project close-out is for Capital Project Ordinance 96-4, adopted March 18, 1996, for the acquisition of various capital items for the Transit Department. The capital items were funded through state (87%) and local (13%) funds. Acquisition of these items has been completed at a total cost of $273,507 with the remaining $12,052 transferred back to the Transit Operating Fund. All associated revenues and expenditures have been audited. 6. Special Revenue Project Ordinance Close-out 99-1 (Planning Portion of Transit Grant X202) This special revenue project close-out is for Special Revenue Project Ordinance 974, adopted on October 21, 1996, for planning costs associated with Transit grant X202. The project was funded through federal (80%), state (8%), and local (12%) funds. The project has been completed at a total cost of $79,500 and all associated revenues and expenditures have been audited. 7. Special Revenue Project Ordinance Close-out 99-2 (Planning Portion of Transit Grant X142) This special revenue project close-out is for Special Revenue Project Ordinance 93-7, adopted on April 19, 1993, for planning costs associated with Transit grant X142. The project was funded through federal (80%), state (10%), and local (10%) funds. The project has been completed at a total cost of $226,750 and all associated revenues and expenditures have been audited. 8. Special Revenue Project Ordinance Close-out 99-3 (Engines and Transmissions for Transit Vehicles) This special revenue project close-out is for Special Revenue Project Ordinance 93-5, adopted on December 21, 1992, for engines and transmissions for Transit vehicles associated with Transit grant X142. The project was funded through federal (80%), state (13.2%), and local (6.8%) funds. The project has been completed at a total cost of $118,847 and all associated revenues and expenditures have been audited. 9. Capital Project Ordinance 99-12 (Annual Street Resurfacing) This capital project ordinance is necessary to establish the budget for the 1999 street resurfacing project. The source of funds for this project is a $1,657,500 transfer of Powell Bill funds from the General Fund. The resurfacing contract was awarded to Crowell Constructors by City Council at its meeting on March 1, 1999. 10. Capital Project Ordinance 99-13 (Morganton Road and Bonanza Drive Sidewalk Projects) This capital project ordinance, in the amount of $55,000, is necessary to establish the budget for the Morganton Road and Bonanza Drive sidewalk projects. Funding for these projects will be provided by the North Carolina Department of Transportation. The contracts for these projects have been awarded to Murphy's Concrete. 2.B.2 Refer to the City Council Transportation Committee the paving of Drexel Road. Councilmember Kizer stated he saw no reason to refer this item to the Transportation Committee. Mr. Kizer stated he had talked with the majority property owner of the properties abutting this street and the owner did not want the street paved or assessed. Mr. Kizer stated there were no houses affronting this street and the street was being used as a cut-through. A discussion was held regarding the requirement for assessments for paving. MOTION: Councilmember Smith moved to pull 2.B.2 and not send it to the Transportation Committee for consideration. SECOND: Councilmember Worthy VOTE: Passed by a vote of 9 in favor (Councilmembers Smith, Worthy, Talbot, Kendrick, Cheek, McBryde, Kizer, Fogleman, and Milligan) to 3 in opposition (Councilmembers Williams, Massey, and Haire) F. Approve low bid award of Brewer's Excavating, Inc. (King, NC) for construction of the I-95/NC-59 and Marracco Drive 16" Water Main, in the amount of $442,035.00. (PWC) Bids were received as follows: Brewer's Excavating, Inc. (King, NC) $442,035.00 T.A. Loving Co. (Goldsboro, NC) $485,680.00 Wellons Construction, Inc. (Dunn, NC) $488,780.00 R. H. Moore Company, Inc. (Murrells Inlet, SC) $489,895.00 Bryant Electric Co., Inc. (Archdale, NC) $491,920.00 Sanford Contractors, Inc. (Sanford, NC) $493,560.30 State Utility Contractors (Monroe, NC) $493,588.00 ES&J Enterprises, Inc. (Autryville, NC) $498,613.40 Sandhills Grading & Pipe (Sanford, NC) $500,086.66 Blue Construction Co. (Sanford, NC) $502,500.00 McClam Associates, Inc. (Little Mountain, SC) $506,846.25 Colt Contracting Co. (Clinton, NC) $507,377.75 Frank Horne Construction (Fair Bluff, NC) $534,610.00 Lonnie Locklear Jr. & Sons Const. Co. (Pembroke, NC) $551,982.50 Sandhills Contractors, Inc. (Sanford, NC) $627,985.00 MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Kizer abstaining) 3. PUBLIC HEARINGS: A. Consideration of extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation area, Glensford Commons, Phase 2. (Located along eastern side of Glensford Drive, south of Glensford Commons, Phase I, property of Glensford Commons, LLC.) City Manager Roger Stancil presented this item. Mr. Stancil recommended holding the public hearing with no ordinance being approved until the pre-clearance of the Election District Plan is received from the United States Justice Department. This is the advertised public hearing set for this date and time. There was no one to speak either in favor or opposition. The public hearing opened and closed at 7:26 p.m. No action was taken on this item. B. Consideration of extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation area for an equestrian site at Greystone Farms. (Located along western side of Touchstone Drive behind Longhill Elementary School, property of Broadwell-Weber Investments.) City Manager Roger Stancil presented this item. Mr. Stancil recommended holding the public hearing with no ordinance being approved until the pre-clearance of the Election District Plan is received from the United States Justice Department. This is the advertised public hearing set for this date and time. There was no one to speak either in favor or opposition. The public hearing opened and closed at 7:28 p.m. No action was taken on this item. A discussion was held regarding the issue of horses and stables within the City limits. Mr. Stancil stated the reason for this annexation was that it was part of the subdivision that is already within the City and the property is contiguous to the Fayetteville City limits. 4. Consideration of request from Parks and Recreation Advisory Commission to change Fee Schedule for parks and recreation services. MOTION: Councilmember Haire moved to set a public hearing for May 3, 1999. SECOND: Councilmember Williams SUBSTITUTE MOTION: Councilmember Milligan moved to go ahead and consider the item tonight and vote on it. City Attorney Robert Cogswell ruled this was an opposite motion and was out of order. A discussion was held regarding the rate increases with Councilmembers Smith and Milligan expressing their support for the rate increases. Mr. Cogswell stated the motion would require a two-thirds vote to pass. VOTE: Failed by a vote of 7 in favor (Councilmembers Cheek, McBryde, Kendrick, Worthy, Williams, Massey, and Haire) to 5 in opposition (Councilmembers Talbot, Smith, Fogleman, Kizer, and Milligan) Councilmember Cheek requested Mr. Cogswell to give an explanation as to why a two-thirds vote was required. Mr. Cogswell stated that pursuant to Section 2-4(c) of the City Code, unless it is a zoning matter, any non-public hearing item on the agenda may be set as a public hearing upon a two-thirds vote of the actual membership of the Council. Ms. Linda Miller, Chair of the Parks and Recreation Advisory Commission, presented the proposed rate increases to the Council. Ms. Miller stated that no child will be turned away because of financial reasons. She explained there were hardship scholarships available, sponsorships, collaboration with the school system and the waiver of fees for students with all A's to ensure that all children would be eligible to participate. Ms. Miller reviewed the programs/facility rate increases by use of a chart, which compared the current fees and the proposed fees. She also compared the youth athletic fees with other cities and Cumberland County. Ms. Miller stated that the Parks and Recreation Department needed the rate increases, more volunteers, and parent participation in order to continue to provide the City of Fayetteville with first rate recreational facilities and services. Councilmember Massey asked the citizens to become active in the process by volunteering to work with the young people. Reverend John T. Johnson, 11D Cambridge Arms, Fayetteville, NC, appeared in opposition to the rate increases. Rev. Johnson stated there was not enough information available which informed the citizens that financial aid was available. He requested that this change be made. Ms. Paula McDowell, 587 Campbell Terrace, Fayetteville, NC, appeared in opposition to the rate increases. Ms. Campbell requested that more information be made available to the citizens about the financial aid, which might be available. A discussion was held regarding the advertising of the availability of financial assistance. Councilmember Worthy requested that more information be placed on all registration forms and more information be given out when financial assistance is needed. MOTION: Councilmember Fogleman moved to approve the fee increases. SECOND: Councilmember Smith Councilmember Cheek inquired about the effective date. Mr. Barefoot, Chief Operating Officer, Recreation/Community Facilities, stated it would be effective July 1, 1999, and the first impact would be on the football season. Mayor Pro Tem McBryde requested that fliers be placed in schools and recreation centers that give more information on the financial aid available. Councilmember Talbot stated some sort of financial proof needed to be established to ensure that the financial aid was received by the persons who were qualified to receive it. VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Haire) A copy of the fee increases to be effective July 1, 1999, is on file with the Parks and Recreation Department. 5. Consideration of award of contract for construction of McPherson Church Road drainage project, to Global Construction Company in the amount of $398,022.30. Bids were received as follows: Global Construction $398,022.30 Billy Bill Grading Co., Inc. $422,462.00 Barnhill Contracting Company $468,965.79 Colt Contracting Company $483,763.90 Lonnie Locklear, Jr. & Sons Construction Co., Inc. $490,459.00 Atlas Resource Management, Inc. $494,672.00 McDonald Grading Company, Inc. $496,854.70 Nortec Construction Services, Inc. $551,427.00 Sandhills Contractors, Inc. $751,646.00 MOTION: Mayor Pro Tem McBryde moved to award the contract. SECOND: Councilmember Kizer VOTE: UNANIMOUS 6. Consideration of property tax discount for 1999 taxes. MOTION: Councilmember Kendrick moved to approve the 2 percent discount for early payment of taxes. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS 7. Presentation of HUD one year action plan, 1999-2000. This item was pulled from the agenda and reset for the April 26, 1999, information meeting. 8. Report from City Council Transportation Committee. Councilmember Kendrick presented the following items: A. Update on Malloy Street. MOTION: Councilmember Kendrick moved to follow staff recommendation and open the Malloy Street entrance to all traffic for the Brandywine Apartments. SECOND: Councilmember Worthy A discussion was held regarding the notification of property owners and the safety of the people in the apartments. VOTE: UNANIMOUS B. Review of the designated truck routes in the City of Fayetteville. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 9 - LOCAL TRUCK ROUTES. ORDINANCE NO. NS1999-008. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 9 - LOCAL TRUCK ROUTES. ORDINANCE NO. NS1999-009. MOTION: Councilmember Kendrick moved to approve and adopt the designated truck route plan and ordinances. SECOND: Councilmember Kizer VOTE: UNANIMOUS Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1999. C. Review of the proposed design of the Law Road Project 12.A Report on cost of alternative Law Road construction projects. City Manager Roger Stancil presented these items. Mr. Stancil recommended proceeding with this portion of the project from Ramsey Street to Eunice Drive. He stated the funds were available for this portion of the project, but if a decision were made to do more than this, he was requesting permission to give the Council a package of projects for them to make their choices of the projects to be completed. Councilmember Milligan stated she felt this project needed to be looked at more seriously and that something else needed to be done. She also stated that Longview Drive needed to be added. Councilmember Kendrick stated that at the Committee meeting Longview Drive had been added. MOTION: Councilmember Kendrick moved to approve proceeding with the portion of the project from Ramsey Street to Eunice Drive. SECOND: Councilmember Milligan VOTE: UNANIMOUS D. Review of the Mazarick Park area traffic studies: 1. Traffic Studies on Westmont Drive and Pearl Street 2. Traffic Studies at Filter Plant Drive and Bragg Boulevard: traffic signal investigation and widening of Filter Plant Drive. Councilmember Kendrick stated that the Committee had approved asking the DOT staff and City staff to review the two options of placing a traffic signal at Bragg Boulevard and Filter Plant Drive and Bragg Boulevard and Ames Street and to report back in 60 days. Councilmember Kendrick stated no action was required by the Council. E. Review of the Transportation Improvement Program (TIP) for 2000-2006. Councilmember Kendrick stated the Committee had requested that Mr. Rick Heicksen, County Transportation Planner, submit updates for the Council and get input from the Council prior to the final submission of the plans to amend the TIP for 2000-2006. F. Traffic Signal Investigations in Montclair Subdivision: 1. Glensford Drive and Belford Road. 2. Glensford Drive and Montclair Road. Councilmember Kendrick stated the Committee received the report and found that traffic lights were not warranted. He stated no action was required by the Council. G. Discussion of revision of Policy 160.3, "Requests for Speed Limit Changes", regarding speed limit changes on streets listed on the City Thoroughfare Plan. Councilmember Kendrick stated the Committee reviewed the policy and recommended not allowing speed limit reductions less than 35 mph on thoroughfare streets. H. Traffic Signal Investigation at McPherson Church Road and Murray Hill Road. Councilmember Kendrick reported that the Committee received the report and found that traffic signals are not warranted. 9. Report from Manager Evaluation Process Committee. Councilmember Smith presented this item. Mr. Smith reported that the finalized evaluation form was in the packet for approval. He also stated the evaluation would be conducted by a facilitator other than Dick McMahon because of the ongoing working relationship with the City Manager on internal training. The Committee agreed that the evaluation would be conducted at a time other than a regular Council meeting, and that the manager would be asked to conduct a self-assessment as a part of the process. The Committee made further recommendations as follows: 1. The form will be filled out by each councilmember and by the City Manager. 2. The facilitator will consolidate the forms and help the Council through the evaluation itself. 3. The Council will set up a special closed session for the evaluation. 4. In the closed session, the manager gives his assessment, the facilitator presents the results of the form, and councilmembers give their feedback with specifics on those results for the City Manager. 5. A summary form is distributed so that each councilmember and the City Manager know the individual scores making up the average, as well as the average for each category 6. Council makes any recommendations, as a group, about the City Manager's overall performance including salary adjustments as warranted. MOTION: Councilmember Smith moved to follow the recommendations of the Committee. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 10. Consideration of items for City-County Liaison Committee MOTION: Councilmember Worthy moved to approve the tentative agenda excluding Item 6, discussion of Cumberland County representation on the Fayetteville Regional Airport Commission. SECOND: Mayor Pro Tem McBryde A discussion was held regarding the procedure to be used for referring items to the Liaison Committee for discussion. The consensus was that the policy is that all items must be approved by the Council as a body before being placed on the Committee agenda for discussion. VOTE: UNANIMOUS 11. Appointments: A. Joint Senior Citizens Advisory Board - election of nominee to fill one vacancy. Mayor Dawkins stated that Mr. Richard Bishop was ineligible to serve as a City representative because he lives outside of the Fayetteville City Limits. Rev. E. H. Bain was unanimously appointed to fill-in the term, which expires in September 1999. Mayor Dawkins stated the Fayetteville Redevelopment Commission's resignation of Mr. Jonathan L. Warren will be set on the information meeting agenda for nominations. 12. This item was discussed with Item 8.C. 13. INFORMATION ON PUBLIC HEARINGS SET: MAY 3, 1999: A. Consideration of reduction of speed limit to 25 miles per hour for the following streets in Tallywood Subdivision: Cambridge Street from Raeford Road to Tallywood Drive Cowles Street from Tallywood Drive to Emeline Avenue Drury Lane from Ravenhill Road to its end Emeline Avenue from Raeford Road to Ravenhill Road Fairfield Road from Raeford Road to its end Kentyre Drive from McPherson Church Road to Ravenhill Road Michael Street from Fairfield Road to Willborough Avenue Ravenhill Road from Kentyre Drive to its end Star Hill Avenue from Raeford Road to its end Tallywood Drive from Fairfield Road to its end Swift Creek Drive from Fairfield Road to its end Willborough Avenue from Raeford Road to its end INFORMATION ITEMS: 1. Statement of taxes collected for the month of March 1999 from the Cumberland County Tax Administrator. 1998 Taxes $327,086.15 1998 Vehicle Taxes 219,973.93 1998 Revit 2,429.63 1998 Vehicle Revit 280.18 1998 FVT 27,029.57 1998 Storm Water 28,873.88 1997 Taxes 16,579.27 1997 Vehicle Taxes 14,316.10 1997 Revit 0.00 1997 Vehicle Revit 0.00 1997 FVT 2,160.09 1997 Storm Water 2,304.42 1996 Taxes 8,977.84 1996 Vehicle Taxes 1,015.67 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 140.46 1996 Storm Water 2,929.70 1995 Taxes 2,276.65 1995 Vehicle Taxes 107.41 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 20.00 1995 Storm Water 561.46 1994 & Prior Taxes 14,606.43 1994 & Prior Vehicle Taxes 125.41 1994 & Prior Revit 0.00 1994 & Prior Vehicle Revit 0.00 1994 & Prior FVT 35.00 Interest 19,498.27 Interest (Revit) 84.43 Interest (Storm Water) 2,131.23 Fayetteville Discount (0.54) Revit. Discount (0.00) Total Collections $693,542.64 2. Report on Self Critique remarks of Council Retreat held February 5 and 6, 1999. 3. Ad Hoc Dog Ordinance Committee - minutes of March 29, 1999. 4. FACVB - minutes of January 21, 1999. 5. Planning Division - monthly report for March, 1999. (Inserted in packet) 6. Report on maintenance request for Cheer Lane. MOTION: Mayor Pro Tem McBryde moved to adjourn the meeting. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The meeting adjourned at 8:50 p.m. INFORMATION MEETING APRIL 26, 1999 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER APRIL 26, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Frank Simpson, Inspections Director Michael McNair, Community Development Benny Nichols, Assistant Fire Chief Nedra Rodriquez, Financial Analyst Scott Dorney, Chief Human Resources Officer Craig Hampton, Administrative Services Director Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Massey, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins stated the character education concept for the month of April was citizenship. 1. APPROVAL OF AGENDA MOTION: Mayor Pro Tem McBryde moved to approve the agenda. SECOND: Councilmember Massey VOTE: UNANIMOUS 2. Presentation by Excellence in Government Task Force for project management. Mr. Craig Hampton, Administrative Services Director, began the presentation of the Task Force by naming the group members. Mr. Hampton reviewed the charge of the focus group, the mission statement, the make-up of the Engineering Division and the Project Management Division. Mr. Hampton stated the focus group had reviewed in their study the capital improvement planning projects, project management, departmental organization, services, and fee schedules. Councilmember Kizer, a member of the focus group, discussed the need for a capital improvement project plan, noting that it would prioritize projects, provide for proper scope, create accurate preliminary cost estimates, allow for better coordination, and create a five-year master plan. Mr. Kizer explained that a capital improvement plan project would be any project entailing costs of $30,000 or more. He also recommended that the same procedure be used for all other construction projects. Mr. David Franklin, of Nortec Construction Services, made recommendations to enhance project management. Mr. Franklin stated the current organization was in a transitional phase and needed more study before an organizational flow chart could be recommended. He recommended an enhanced coordination effort with PWC and the possible consolidation of the Engineering Department, Project Management, Storm Water Management, Traffic Services, street maintenance and possibly at some time, PWC water and sewer departments into a single public works department. Mr. Franklin stated the committee felt this would enhance the services being offered and would prevent an overlapping. Mr. Franklin stated the committee would come back to the Council with their findings and recommendations within four to six months. Ms. Michelle Allen, of Allen, Kimley and Associates, made recommendations for the enhancement of internal and external civil engineering services. Ms. Nedra Rodriquez, Financial Analyst for the City Finance Department, presented the cost/revenue study, noting that no changes had been made to the civil engineering fees since 1991. Ms. Rodriquez stated that the committee is currently studying what other municipalities in the state are charging, to include the County and PWC and when this has been completed, the fees will be adjusted for inflation and compared with the fees presented by David M. Griffin and Associates in their user fee study. The committee will come back in four to six months with a new fee schedule. Ms. Michelle Allen presented the following summary of the committee's recommendations: 1. Adherence to CIP Process; 2. Standardization of Contract Documents; 3. Implementation of Project Management software (for all projects); 4. Implementation of Task Sheets; 5. Implementation of Submittal Tracking for all projects; 6. Enhanced coordination with PWC; 7. Development of One Stop Shop and Drop; 8. Expansion of Flowcharts and Benchmarks; and 9. Continuation of the Excellence in Government Process. 3. Presentation of proposed CDBG/Home Program FY 1999-2000 one-year action plan. Mr. Ben Brown, Chief Development Officer, presented the proposed 1999-2000 Community Development one-year action plan and reviewed the projected resources, program income, projected program income, and the action plan schedule. A video presentation was played denoting projects the Community Development division has participated in during the last fiscal year. Mr. Brown reviewed the national objectives of the Community Development Block Grant and the Home Program. He set the following community priority needs: HOUSING l High deficits of decent, affordable housing units in the City. ECONOMIC DEVELOPMENT l Expansion of small businesses. l Increase the downtown tax base. l Support the City's vision plan. COMMUNITY DEVELOPMENT l Facilitate access to human service and self-improvement programs. HOMELESS l Assist in facilitating access to necessary services. l Need for additional transitional and affordable housing. Mr. Brown submitted the proposed 1999-00 Action Plan as follows: Budget HOUSING Downpayment Assistance $12,000 Rehabilitation Loan Pool 636,535 CHDO's Set-Aside 238,697 CHDO - Operating Expenses 5,000 Emergency Home Repairs 100,000 Blanton Green Apartments 210,000 TOTAL $1,202,232 ECONOMIC DEVELOPMENT FSU Business Incubator $115,000 Murchison Road Small Business Loans 75,000 Downtown Loan Pool 636,186 TOTAL $826,186 COMMUNITY DEVELOPMENT Neighborhood Resource Centers $130,687 Beautification 10,000 HUD 108 Loan Payment 110,000 Street Paving Assessment Assistance 20,000 Water and Sewer Assessment Assistance 0 TOTAL $270,687 HOMELESS ACTIVITIES Homeless Services $5,000 Homeless Utility Assistance 10,000 Transitional Housing 40,000 TOTAL $55,000 SUMMARY OF ACTIVITIES Housing $1,202,232 Economic Development 826,186 Community Development 270,687 Homeless 55,000 Program Contingency 15,000 Administration 333,161 TOTAL $2,702,266 Mr. Brown reviewed the Disaster Recovery Initiative Grant, which was created by HUD to assist communities hit by the natural disaster, Hurricane Fran. Mr. Brown stated the City had been allocated $320,093, and he stated the staff would be coming back in 30 to 60 days with a recommendation for the use of the funds, which would comply with the HUD criteria. Councilmember Kendrick inquired about the eligibility of future annexations for assistance in water and sewer assessments. Mr. Brown assured Councilmember Kendrick that all contracts let for bids in the future would be compliant with the federal requirements thereby making the funds assessable for qualified families. Councilmember Massey inquired about the qualified incomes. Mr. Brown replied that the income levels change according to HUD standards and his recommendation was that citizens work with counselors when qualifying for HUD funds. Councilmembers Cheek and Smith stated their support for the administrative cost staying at the current level. Councilmember Cheek pointed out that a lot of administrative costs goes towards program planning. Mr. Brown reviewed the Downtown Loan Program monitoring process noting that the Community Development Department monitors the creation of jobs and the banks monitor the construction. 4. Consideration of an ordinance amending section 12-13 of the code of ordinances of the City of Fayetteville (construction, repairs in fire zone). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 12-13 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1999-006. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1999. 5. APPOINTMENTS: A. Fayetteville Redevelopment Commission: Nominations needed to fill one vacancy. Councilmember Worthy nominated Mr. Lester L. McGuire for the fill-in vacancy. INFORMATION ITEMS: 1. Legislative issues discussed during the NCLM regional meeting in Dunn. 2. Police Department - Office of Professional Standards monthly report for March 1999. 3. FAEDC - minutes of March 16, 1999. 4. Ad Hoc Dog Ordinance Committee - minutes of April 12, 1999. 5. PWC - minutes of March 24, 1999. 6. PWC - minutes of April 16, 1999. MOTION: Mayor Pro Tem McBryde moved to adjourn. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The meeting adjourned at 8:50 p.m. REGULAR MEETING MAY 3, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER May 3, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Victor Sharpe, Planning Services Manager Lisa Smith, Chief Financial Officer Craig Hampton, Administrative Services Director Milt Wofford, PWC Mick Noland, PWC Steve Blanchard, PWC Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend B. E. McNeill, of the C. D. McNeill Memorial Church of God, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented Ms. Susan Hyatt, a member of the Historic Resources Commission, with a proclamation declaring May 9-15, 1999, as Historic Preservation Week to celebrate the role of history in our lives and to help preserve the tangible aspects of our heritage. Mayor Dawkins presented Ms. Mary Deyampert, Chair of the Mental Health Partners, a proclamation declaring May 1999 as Mental Health Month to raise awareness of mental health, mental illnesses, and insurance discrimination against people with mental illnesses. Mayor Dawkins congratulated Councilmember Williams on the birth of his daughter, Heather Marie Williams on April 30, 1999. Mayor Dawkins stated the Character Education Concept for May 1999 was celebration. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to add consent Item 2.G, consideration of offers to purchase City-owned property at the April 10, 1999, auction. MOTION: Councilmember Kendrick moved to add consent Item 2.G. SECOND: Councilmember Fogleman VOTE: UNANIMOUS MOTION: Mayor Pro Tem McBryde moved to approve the agenda. SECOND: Councilmember Kizer VOTE: UNANIMOUS 2. CONSENT: The following items were unanimously approved: A. Approve minutes of Joint City Council and County Commissioners meeting of April 12, 1999. B. Approve minutes of regular meeting of April 19, 1999. C. Approve tax refunds greater than $100. Name Year Basis City Refund Conner, Lillian Michelle 1994-1997 Military non-resident $142.96 Centura Bank 1997 Correcting Tax District 192.06 Jacobs, William Michael 1997 & 1998 Military non-resident 251.48 Truth Outreach Inc. Dba Tinity Christain 1993-1998 Exempt Status Approved 552.87 Church Total $1,139.37 D. Approve proposed CDBG/Home Program FY 1999-2000 one-year action plan. E. Approve low evaluated bid awards for Rockfish Creek Water Reclamation Facility Expansion Phase I, and Disinfection Improvements at the Cross Creek Water Reclamation Facility (PWC), to the following contractors: Thamer Construction (Drexel, NC) $6,528,000 Electrical: LJ's Electrical Co. (Elm City, NC) $442,500 HVAC: Bass Air Conditioning (Fayetteville, NC) $119,776 Bids were received as follows: Single 1A: 1B: 1C: BIDDER Prime General Electrical HVAC Crowder Construction Co. $7,048,000 $6,532,500 $555,000 State Utility Contractors $7,416,000 $6,786,000 Thamer Construction $6,528,000 Wharton-Smith, Inc. $6,572,000 T.A. Loving $6,893,500 PKF Mark III, Inc. $7,320,000 LJ's Electric $442,500 Inserv $489,000 T & H Electrical $495,977 Bass Air Conditioning Co. $119,776 ARS Electro-Temp $119,936 Acorn Industrial $138,000 AMECO $145,443 F. Approve low evaluated bid awards for construction of the PWC Administration Building (PWC) to the following contractors: Fowler Jones Beers Construction (Winston-Salem, NC) $5,228,600 Southern Piping (Wilson, NC) 655,000 Haire Plumbing (Fayetteville, NC) 183,700 Inserv (Fuquay-Varina, NC) 591,000 Bids were received as follows: Single Prime Sigma Construction (Fayetteville, NC) $6,769,500 General Contractor Fowler Jones Beers Construction (Winston-Salem, NC) $5,303,600 Player, Inc. (Fayetteville, NC) $5,434,000 M & E Contracting (Fayetteville, NC) $5,476,211 D.H. Griffin Construction (Raleigh, NC) $5,563,600 American South General Contractors (Sanford, NC) $5,565,500 Sigma Construction (Fayetteville, NC) $5,587,500 Stredvey Construction (Cary, NC) $6,151,500 Mechanical Southern Piping (Wilson, NC) $655,000 Bass Air Conditioning (Fayetteville, NC) $663,000 T.R. Driscoll, Inc. (Lumberton, NC) $699,995 Warrens A/C & Heating (Linden, NC) $712,000 Cooper Oil, Inc. (Sanford, NC) $1,060,000 Plumbing Haire Plumbing (Fayetteville, NC) $183,700 Southern Piping (Wilson, NC) $198,000 ABL Plumbing and Htg. (Raleigh, NC) $228,500 Town & Country (Fayetteville, NC) $231,750 Electrical Inserv (Fuquay-Varina, SC) $591,000 Melton Electric, Inc. (Myrtle Beach, SC) $605,000 T & H Electrical (Wilson, NC) $667,539 M & R Electrical (Fayetteville, NC) $689,730 Watson Electrical (Fayetteville, NC) $698,000 G. Consideration of offers to purchase City-owned property at the April 10, 1999, auction. City Manager Roger Stancil recommended approval of the offers received at the auction with the exception of parcels 0437-03-1278, 0437-23-4606, 0428-45-9624, 0428-54-4420, and 0438-00-9714. Mr. Stancil stated the ernest money deposit would be returned to the bidders on these parcels and the other 39 offers accepted would be subject to closing as required by the notice of sale and terms of the bid. Two of the 44 offers were made by Col. H. B. Smith, Jr., Auctioneer, for parcels 0437-03-1278 and 0437-23-4606. In order to avoid the appearance of a conflict of interest, the City Attorney recommended that those two offers be returned to Col. Smith with his bid deposit. Col. Smith indicated that was acceptable with him. Subsequent to the auction, it was discovered that parcel 0438-00-9714 located adjacent to Glenville Lake was acquired by PWC for utility right-of-way in 1989. The continuing need for this parcel on the part of PWC has been confirmed. The parcel was subject to one of 19 offers made by Mr. Randolph McKoy. The bid was for $500. Also subsequent to the auction, Fayetteville State University Foundation notified the City of their desire to obtain parcels 0428-45-9624 on Herring Street and 0428-56-4420 on Pelt Drive. These parcels, along with three County parcels, separate two tracts recently obtained by the foundation and having significant development potential. The two City parcels were subject to offers by Mr. Randolph McKoy in the amount of $3,200 total. The tax value of all parcels, minus the five exceptions cited above, total $165,947.00. Sale proceeds from the 39 offers would be $9,723.00 to Cumberland County and $16,411.07 to the City. Twenty-four of the parcels were jointly owned by the City and County and proceeds would be divided based upon the respective investment of each government. The buyers, parcel numbers and price offered are shown below: Buyers Pin # Price Total Charles Billings 0437-10-5345 $2,000 0437-10-2271 3,800 0437-10-4249 2,000 $7,800 Randolph McKoy 0438-60-4311 $200 0437-81-4150 100 0437-81-3086 100 Bid rejected 0438-00-9714* 500 0437-01-1485 100 0437-10-3076 1,700 0437-22-3509 400 0436-67-8420 150 0437-81-6691 200 0428-95-3278 100 0438-64-1903 1,000 0438-64-2586 100 Bid rejected 0428-45-9624** 2,200 Bid rejected 0428-56-4420** 1,000 0436-38-1537 200 0428-75-4873 100 0437-03-4371 100 0437-81-4349 400 0438-27-3501 250 $8,900 Janice B. Ellis 0447-62-0117 $400 $400 Christina Washington 0447-14-1588 $1,100 0447-14-2476 900 0438-54-9675 3,000 $5,000 Angela Jackson 0426-83-8131 $100 0438-27-4905 150 $250 Freddie McLean 0438-01-9608 $6,100 $6,100 Burrell Raines, Jr. 0438-54-6739 $6,700 0438-54-8885 1,500 $8,200 Helen Hooks Farrior 0438-27-2678 $200 0438-27-2683 200 0438-27-2867 100 0438-27-4811 200 0438-27-4469 500 $1,200 John H.Jones 0438-64-1675 $1,000 $1,000 Nathan McSwain 0438-64-2508 $1,100 0437-69-6632 & 0437-69-5579 400 $1,500 Donald E. Butler 0436-39-4962 $1,100 $1,100 H.B. Smith, Jr. Bid Rejected 0437-03-1278 $100 Bid Rejected 0437-23-4606 100 $200 Illa Haire 0437-09-8543 $900 $900 *PWC Interest **FSU Foundation Interest 3. PUBLIC HEARINGS: A. Consideration of an application by Stephen H. Burnham for a special use permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-29, to allow mini-warehousing in a C1P Shopping Center District for an area located on the north side of Horseshoe Road. Containing 1.8 acres more or less and being the property of Stephen H. Burnham as evidenced by deed recorded in Deed Book 3905, Page 472, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Planning staff makes no recommendation for approval or denial of Special Use Permits. The Zoning Commission recommended approval of the Special Use Permit with the exception that the sidewalk not be made a condition of the Special Use Permit. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition of the Special Use Permit. The public hearing opened and closed at 7:22 p.m. MOTION: Mayor Pro Tem McBryde moved to approve with the conditions and findings of fact. SECOND: Councilmember Worthy VOTE: UNANIMOUS The following conditions and findings of fact were made: 1. The gate is to be 30 feet off the right-of-way to prevent backup of traffic onto the right-of-way. 2. Barbed wire or razor wire should not be permitted in order to blend with the nearby residential. 3. A 6 foot solid fence be constructed on the west side of the property to screen from nearby residential. 4. City Landscaping requirements be followed along the front of the property. 5. A revised site plan, drawn to an engineering scale with all dimensions, be submitted prior to building permit for C1P site plan review in accordance with our City Ordinance. 6. The proposed use shall fit in with the character of the area in which such use is to be located. 7. The proposed use is not detrimental to the surrounding area. 8. The proposed use is free of objectionable characteristics, such as noise, smoke, and fumes. 9. Pedestrian and vehicular traffic will not be obstructed by loading and unloading activities. 10. Existing first floor retailing activities similarly zoned along the block containing the site are not disrupted by the proposed use. 11. The proposed use complies with the applicable fire code. 12. The external walls facing any public street shall be consistent with and not detract from the general appearance of other existing first floor retailing activities similarly zoned in the area. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce the speed limit to 25 miles per hour in Tallywood Subdivision for the following streets: Cambridge Street from Raeford Road to Tallywood Drive; Cowles Street from Tallywood Drive to Emeline Avenue; Drury Lane from Ravenhill Road to its end; Emeline Avenue from Raeford Road to Ravenhill Road; Fairfield Road from Raeford Road to its end; Kentyre Drive from McPherson Church Road to Ravenhill Road; Michael Street from Fairfield Road to Willborough Avenue; Ravenhill Road from Kentyre Drive to its end; Star Hill Avenue from Raeford Road to its end; Tallywood Drive from Fairfield Road to its end; Swift Creek Drive from Fairfield Road to its end (east end); Willborough Avenue from Raeford Road to its end. This is the advertised hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:25 p.m. The following ordinance would be effective May 14, 1999. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL. ORDINANCE NO. NS1999-010. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Talbot VOTE: UNANIMOUS 4. Presentation on Hay Street Streetscape. Mr. Wayne Riggins, Chairman of the Visual Impact Subcommittee of the Historic Resources Commission, presented this item. Mr. Riggins stated the Commission's recommendation was for black concrete poles, Boston Harbor Arm, Memphis Light, and sidelights (pedestrian lights) at a cost of $79,825 for the initial cost and $4,464 for an annual cost. This was alternative 5. Mr. Stancil recommended black concrete poles, Boston Harbor Arm, and Memphis Light at an initial cost of $24,645, which would come from the downtown tax district budget for 1999-2000 with no recurring costs. This was alternative 4. Mr. Stancil further recommended adding base and sidelights as resources become available. Mr. Stancil stated that if the Historic Resources Commission recommendation was used, there would be a need to find additional funds. Mr. Stancil stated he felt it was important that the Historic Resources Commission, PWC, and the City staff had agreed upon a standard and that the pedestrian lights would be on the same pole. A discussion was held regarding the differences in the recommendations and costs. Councilmember Worthy expressed his opposition to using any other lights other than the Cobra lights used in front of the Police Station, because it would cost the taxpayers nothing. Councilmember Milligan stated she would like to see consistency and with the Museum coming the first impression made would be very important to the downtown area. MOTION: Councilmember Milligan moved to accept alternative 4 and upgrade to alternative 5 as resources become available. SECOND: Councilmember Fogleman Councilmember Kendrick inquired as to which light would give the best illumination. Mr. Stancil replied both options would meet the National Standards for street lighting. Councilmember Smith expressed his support for the motion. FRIENDLY AMENDMENT: Councilmember Cheek moved to have the lights in front of the museum be alternative 5, with bases and sidelights. A discussion was held regarding the number of lights, which would be required for the museum area. Mr. Stancil stated there would be eight to ten lights in that block. Councilmember Milligan accepted Councilmember Cheek's friendly amendment. Councilmembers Worthy, Massey and Talbot stated their opposition to the motion noting the lack of consistency, the importance of the quality of life of all citizens, and the spending of next year's budget before it has been set. VOTE: Passed by a vote of 7 in favor (Councilmembers Cheek, McBryde, Kendrick, Smith, Milligan and Fogleman) with Mayor Dawkins casting the tie breaking vote to 6 in opposition (Councilmembers Worthy, Talbot, Haire, Williams, Massey and Kizer). 5. Consideration of award of contract for Morganton Road Sidewalk, - Phase III, to Sandhills Contractors, Inc., in the amount of $396,295. City Manager Roger Stancil presented this item. Mr. Stancil stated the Council had appropriated $300,000 in the 1998-99 General Fund for the project. The total cost of the project, including construction, right-of-way, acquisition, engineering, and design services, is estimated to be $479,000. He recommended using bond funds for the project to allow the City to deplete bond proceeds more rapidly and to generate unrestricted investment earnings on the funds originally earmarked for the Morganton Road sidewalk project. He stated that in addition the General Fund and Transportation Fund resources earmarked for the Morganton Road project ($479,000) would be designated for sidewalk improvements that were originally identified as bond projects. MOTION: Councilmember Cheek moved to approve. SECOND: Councilmember Smith VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Williams) Bids were received as follows: Single Prime Sandhills Contractors, Inc. (Sanford, NC) $396,295.00 Nortec Construction Services, Inc. (Fayetteville, NC) $409,505.00 Atlas Resource Management, Inc. (Fayetteville, NC) $433,400.00 Billy Bill Grading Co., Inc. (Fayetteville, NC) $434,084.00 R & G Construction Co. (Goldsboro, NC) $530,462.00 Crowell Constructors, Inc. (Fayetteville, NC) $599,782.25 6. Consideration of adoption of resolution authorizing condemnation of property for Village Drive Drainage project (bond drainage project). A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. VILLAGE DRIVE DRAINAGE - PARCEL E-4 RESOLUTION NO. R1999-035. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. VILLAGE DRIVE DRAINAGE - PARCEL W-3 RESOLUTION NO. R1999-036. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. VILLAGE DRIVE DRAINAGE - PARCEL W-4 RESOLUTION NO. R1999-037. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. VILLAGE DRIVE DRAINAGE - PARCEL W-6 RESOLUTION NO. R1999-038. MOTION: Councilmember Kendrick moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS Copies of the foregoing resolutions are on file in the City Clerk's Office in Resolution Book R1999. 7. Consideration of agreements between Public Works Commission and County of Hoke for Wholesale Water and Sanitary Sewer service. (PWC) City Manager Roger Stancil presented this item. Mr. Stancil stated presentation of these agreements had been deferred until they had been thoroughly reviewed by the City legal staff, Planning staff, and the financial staff. Based on the review, Mr. Stancil recommended approval of the agreements noting that the agreements will not affect any service in Cumberland County or the City of Fayetteville. He stated there is a need to develop an alliance with surrounding counties, and there is also a need to increase revenues. In response to an inquiry from Councilmember Worthy, Mr. Tom McNeill, PWC, stated there would be no added costs to any resident of Cumberland County or any PWC rate payer, and all costs would be incurred by Hoke County. Mr. McNeill made a slide presentation giving an overview of PWC's water supply and wastewater systems. He addressed the issues of staying ahead of the projected demands for water and wastewater plant capacity, the needs of existing developed areas, and getting ahead of the development curve. Mr. McNeill presented the following summary of PWC's plan to meet future needs: 1. Develop Master Plan 2. Increase Assessment Amount 3. Develop Study Areas Using GIS Technology 4. Promote Participation Agreements 5. Install Utilities in Areas Having Greatest Potential 6. Develop Non-Traditional Revenue Sources a. Facility Investment Fee b. Availability Charge c. PCS Tower Rental d. O & M Agreements for Surrounding Utility Systems e. Promote Wholesale Water and Sewer Customers f. Pursue Loans and Grants 7. Improve Communications With all Parties MOTION: Councilmember Worthy moved to accept the report and approve the recommendation to approve the PWC agreements to move into Hoke County to wholesale water and utility service. SECOND: Councilmember Fogleman Mr. McNeill reviewed the key points of the Hoke County project noting that Hoke County had requested the project be done. Mr. McNeill stated the costs would be a Hoke County expense. He noted the reserve capacity for the needs of Hoke County would be met and stated the environmental aspects would benefit Cumberland County. FRIENDLY AMENDMENT: Councilmember Smith made a friendly amendment to have this same presentation presented to the County Commissioners so everyone could have the same facts. Councilmember Worthy accepted the friendly amendment. VOTE: UNANIMOUS 8. Consideration of request from Councilmember Milligan to refer to the Policy Committee the process for appealing decisions of the Inspections Director. MOTION: Councilmember Milligan moved to refer this item to the Policy Committee. SECOND: Councilmember Smith Councilmember Milligan stated she felt there was a need to review the process for appealing the decisions of the Inspections Director. Councilmember Worthy inquired if this was about the Board of Adjustment. He asked Mr. Cogswell to explain the purpose of the Board. Mr. Cogswell explained the appeals process and stated the appeals process was mandated by the state statutes. Mr. Cogswell stated either the Board of Adjustment, a planning agency, or City Council could be the party to whom an appeal was made. Councilmember Worthy asked Councilmember Milligan if there was a certain board she wanted to use. Councilmember Milligan stated she felt the issue needed to be reviewed and sent to the Policy Committee. VOTE: Passed by a vote of 7 in favor (Councilmembers McBryde, Cheek, Kendrick, Smith, Fogleman, Kizer, and Milligan) to 5 in opposition (Councilmembers Worthy, Talbot, Williams, Massey and Haire) 9. APPOINTMENTS: A. Fayetteville Board of Appeals - Nominations needed to fill two vacancies. Councilmember Haire nominated Mr. Aaron Jamale Johnson. B. Fayetteville Appearance Commission - Nominations needed to fill one vacancy. No nominations were made. C. Fayetteville Redevelopment Commission - Appointments needed to fill one vacancy. Mr. Lester L. McGuire was unanimously appointed to fill in the term expiring December 1999. INFORMATION ITEMS: 1. Report of tax refunds less than $100. Name Year Basis City Refund Jacobs, William & Martha 1998 Military non-resident $56.28 McKeller, Teresa Bell 1997 Military non-resident 40.63 Price, Maurice H. & Dorthy L. 1998 Clerical Error 6.54 Williams, Millus III 1997 Military non-resident 67.61 Pro-Lease, Inc. 1998 Listed in error 67.76 Total $238.82 2. Operation of New Traffic Signal at McPherson Church Road and Barcelona Drive. 3. Ad Hoc Dog Ordinance Committee - minutes of April 21, 1999. MOTION: Councilmember Kizer moved to adjourn. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The meeting adjourned at 8:35 p.m. REGULAR MEETING MAY 17, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MAY 17, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Frank Simpson, Inspections Director Vera Bell, Chief Operating Officer, Solid Waste Scott Dorney, Chief Human Resources Officer Robert Barefoot, Chief Operating Officer - Recreation and Community Facilities Pete Piner, Chief Operating Officer, Fire Ron Hansen, Chief Operating Officer, Police Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Louis T. Wright, Assistant Minister, Church of Christ, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins stated the Character Education Concept for May 1999 was celebration. 1. APPROVAL OF AGENDA Councilmember Milligan made the following statement: "There has been a misunderstanding concerning the Streetscape standards that the Council voted on May 3. As stated on May 3, the initial cost to purchase the streetlights will be considered in the Downtown Tax District budget. The Downtown Tax District pays an additional 10 percent in property taxes. It should be clearly understood the decision of the Council will not compete with anything in the General Fund budget such as salaries." MOTION: Councilmember Milligan moved to place on the agenda a closed session to discuss a litigation matter. SECOND: Councilmember Smith A discussion was held regarding when to vote on the preceding motion. City Manager Roger Stancil stated that on Item 3.A, consideration of adoption of a resolution closing the portion of Swiftcreek Drive from Fairfield Road westerly to Dead End, the petitioner, Mrs. Holmes, had withdrawn her petition for the street closing. Mr. Stancil suggested opening and closing the public hearing since the petition had been withdrawn. Mayor Dawkins stated the chair would hold the public hearing since it had been advertised. Councilmember Massey requested that the name of the litigation be stated for the closed session. Councilmember Milligan stated it was to discuss the Clark Sporting Goods property. Councilmember Fogleman requested to be excused from the May 24, 1999, information meeting. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Fogleman from the May 24, 1999, meeting. SECOND: Councilmember Kendrick VOTE: UNANIMOUS Councilmember Williams requested clarification on the closed session item. Mayor Dawkins called for the vote on the motion regarding the closed session. VOTE: Passed by a vote of 8 in favor (Councilmembers Milligan Kizer, Fogleman, McBryde, Cheek, Kendrick, Talbot, and Smith) to 4 in opposition (Councilmembers Williams, Worthy, Massey, and Haire) MOTION: Councilmember Fogleman moved to approve the agenda with the exception of Items 5 and 8. SECOND: Councilmember Cheek Councilmembers Talbot and Williams stated their opposition to removing these items. Councilmember Cheek stated the items were financial items and dealt with the budget, which was important to everyone in the room and all of the citizens. Ms. Cheek stated the items would be amply dealt with during the budget process with a lot of thought going into the issue. VOTE: Passed by a vote of 8 in favor (Councilmembers Cheek, McBryde, Kendrick, Worthy, Smith, Fogleman, Kizer, and Milligan) to 4 in opposition (Councilmembers Talbot Williams, Massey, and Haire) 2. CONSENT: MOTION: Councilmember Kizer moved to approve the consent agenda. SECOND: Councilmember Milligan VOTE: UNANIMOUS Councilmember Williams was not present and unexcused. His vote was in the affirmative. The following items were approved: A. Approve minutes of information meeting of April 26, 1999. B. Adopt an ordinance to extend the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation area, Glensford Commons, Phase 2. (Located along eastern side of Glensford Drive, south of Glensford Commons, Phase I, property of Glensford Commons, LLC.) AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, GLENSFORD COMMONS, PHASE 2 (AN AREA ALONG THE EASTERN SIDE OF GLENSFORD DRIVE, SOUTH OF GLENSFORD COMMONS, PHASE 1, PROPERTY OF GLENSFORD COMMONS, LLC). ANNEXATION ORDINANCE NO. 99-05-436. C. P99-14F. Approve the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the east side of Glensford Drive, north of Castle Rising Road. Containing 33.68 acres more or less and being the property of Glensford Commons, LLC, as evidenced by map and legal description furnished by the City of Fayetteville, and being annexed by the City of Fayetteville, scheduled to be effective May 17, 1999. D. Adopt an ordinance to extend the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation area for an equestrian site at Greystone Farms. (Located along western side of Touchstone Drive behind Longhill Elementary School, property of Broadwell-Weber Investments.) AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, GREYSTONE FARMS (AN AREA LOCATED ALONG WESTERN SIDE OF TOUCHSTONE DRIVE BEHIND LONGHILL ELEMENTARY SCHOOL, PROPERTY OF BROADWELL-WEBER INVESTMENTS). ANNEXATION ORDINANCE NO. 96-05-437. The following ordinance is on file in the City Clerk's office in the Annexation Ordinance Book. E. P99-9F. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located west of Touchstone Drive. Containing 2.66 acres more or less and being the property of Broadwell-Weber Investments as evidenced by map and legal description furnished by the City of Fayetteville, and being annexed by the City of Fayetteville, scheduled to be effective May 17, 1999. F. P99-12F. Approve the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 824 Santee Drive, and a portion of 451 Shetland Drive. Containing .55 acres more or less and being the property of Philip E. Jacobson, and Henry Cole as evidenced by deeds recorded in Deed Book 3396, Page 5, and 1007, Page 511, respectively, Cumberland County Registry. G. Approve Railroad Encroachment Agreements with CSX Railroad for the fiber optic signal system cable of Fayetteville Urban Area Signal System Project. H. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, for 25 miles per hour school zone speed limit on South Plymouth Street for the Cumberland Christian Academy. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE 8 - SPEED CONTROL, SOUTH PLYMOUTH STREET. ORDINANCE NO. NS1999-011. The following ordinance is on file in the City Clerk's office in Ordinance Book NS1999. I. Approve the following financial matters: 1. Adopt Special Revenue Fund Project Ordinance 99-5 (Disaster Recovery Initiative Grant). On August 19, 1997, the United States Department of Housing and Urban Development (HUD) awarded $35.7 million in disaster recovery grants to North Carolina communities. HUD required that these funds be used for long-term recovery from damage caused by Hurricane Fran and for hazard mitigation related to the storm. On March 4, 1999, HUD approved Fayetteville's application for a Disaster Recovery Initiative grant in the amount of $320,093. This ordinance will establish the capital budget for this project. 2. Adopt Special Revenue Fund Project Ordinance Amendment 99-4 (Appropriation of Program Income for the Downtown Loan Pool). The City of Fayetteville currently has unappropriated program income that must be used for community development projects. The Fayetteville Redevelopment Commission has recommended that $31,256 in unappropriated program income be used for downtown loan pool. J. Approve Water and/or Sanitary Sewer Annexation Agreement with Rogers & Breece, Inc., for property located at Airport Road. (PWC) 3. PUBLIC HEARINGS: A. Consideration of adoption of a resolution closing the portion of Swiftcreek Drive from Fairfield Road westerly to Dead End. City Manager Roger Stancil stated that a letter had been received from Mrs. Mary Holmes requesting that the petition to close the street be withdrawn. Mayor Dawkins opened and closed the public hearing set for this date and time at 7:15 p.m. MOTION: Councilmember Worthy moved not to adopt the resolution. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmember Williams' vote being counted in the affirmative. Councilmember Williams was absent without being excused.) 4. Consideration of request to address City Council from Matthew M. Smith, Jr. on the matter of boarded up windows and barricades for downtown revitalization. Councilmember Massey requested the following verbatim of the presentation made by Mr. Matthew M. Smith, Jr., a member of the Board of Adjustment, be placed in the minutes: Mr. Mayor, Members of the Council, ladies and gentlemen, my name is Matthew Smith and according to your agenda tonight, I am here to speak on the boarded up windows downtown. That is not completely correct. It was my desire to speak to you concerning the actions of the Board of Adjustments at its last meeting on April 20, regarding Board of Adjustments case A99-7F, the property of Clark Sporting Goods at 126-128 Maxwell Street. This was a certiorari case appealed by Mr. Jack Clark on the ruling of the Historic Resources Commission. At the beginning of the Board of Adjustments case, Mr. Victor Sharpe of the City staff stated, "that based on the ordinance that the City has on its books now, the Historic Resources Commission was not in a position to approve this request. They, according to the ordinance, did not have the authority to grant the request being made by Mr. Clark." The minutes which the Board of Adjustments were furnished were general minutes and not verbatim, therefore we do not have the exact and complete testimony of Mr. Clark, or others for that matter, who were present and spoke during that meeting. The motion made by Mr. Lindstrom stated in part," that is not incongruous with the character of the district, for the reasons that the modification to the storefront was a permanent repair and modification to suit the needs of a current ongoing business within said structure, and that the construction that modified the original building was of a permanent nature and constructed prior to the necessary review and COA as required by the Fayetteville Historic Commission." The motion was seconded by Mr. Clark. The statement within Mr. Lindstrom's motion that the modification to the storefront was a permanent repair and the further statement in the minutes of Mr. Jack Clark which in fact indicated the original windows had been removed when he stated that matching brick would be very difficult to find and because he felt replacing it with glass would be very unattractive clearly indicates to me that a discussion took place between Mr. Clark and the Historic Resources Commission regarding what was done in modifying the building. You may question whether or not the Board of Adjustments was in a discovery mode during this hearing. I can assure you that was not the case although witnesses did testify. The decision of the Board of Adjustments was made based on the record of the Historic Resource Commission to include Mr. Jack Clark's statements, the motion by Mr. Lindstrom and in my view an inappropriate comment made by Chairman Hyatt which was viewed by some as coercive, when according to the record, Chairman Hyatt asked for a vote and reminded the Commission that this was a vote in favor to allow boarded up windows. I, and I believe other members of the Board, viewed this as a misstatement of the motion which was in fact a request for COA. In Section 27-1 of the City Ordinances, we find a number of definitions for various situations which occur within the City. Also in the landscape ordinance, Chapter 32, at 32-60.2 there are about two and a half pages of definitions and in the sign ordinance at 32-59.17, 14-1/2 pages of definitions that were placed therein when the ordinance was written that would assist in clarifying situations and circumstances that would be encountered as a result of the application of that ordinance. In reviewing the ordinance applicable to the Historic District, I find no definitions to assist as guidelines and interpretation, for staff and/or property owners. In fact, Section 32-98 which was the section in question, used the wording, as a general rule which is very broad and vague in its terminology, and extremely open to interpretation. I frankly believe the Historic Resources Commission and the City staff need to re-look the ordinance and add some clarifying definitions. This apparently was the thinking of Bruce Daws, Historic Properties Manager for the City, when he stated during the Historic Resources Commission meeting that "if this COA is denied, it will not prevent the Commission from modifying or making an exception through a legitimized amendment." Mr. Daws felt that the amendment process would go quickly. You have appointed members to the Board of Adjustments to assist you in dealing with the needs of its citizens on specific matters. I know some of you are not happy with the decision of the Board with respect to this specific case. The City needs this type of body to handle some of the administrative needs of both the City and its citizens without overburdening the time and resources of the Council. I can assure you that I and I believe other members of the Board of Adjustments do not favor what we consider to be boarded up windows and barricades in the downtown area. I personally do not intend to approve a variance for true boarded up windows or barricades, or for that matter, the multiple flags which appears to be the next major issue to come before the Board in upcoming days. I appreciate your attention and would gladly answer any questions that you may have. Thank you. 5. Consideration of request to address City Council from Daryl Champion representing the Fraternal Order of Police Lodge #59, Fayetteville Supervisor's Association regarding a new pay plan for the Fayetteville Police Department. This item was removed from the agenda. 6. Consideration of request to address City Council from Gerald Eckstein of the Autumn Chase Homeowners Association to request acceptance of the Autumn Chase streets for City maintenance. Mr. Gerald Eckstein, board member of Autumn Chase Homeowners Association, addressed the Council and presented a petition requesting the acceptance of the Autumn Chase streets for City maintenance. Councilmember Kendrick explained that a moratorium had been placed on the City's policy not to accept private streets several years back, and that the green signs which had just been put up on Delaware were done over a grandfather period of time. Mr. Kendrick explained that the delay was due to the excessive amount of time it took for the City to get their rights-of-way. MOTION: Councilmember Kendrick moved to refer this policy to the Policy Committee for review. SECOND: Mayor Pro Tem McBryde Councilmember Smith stated that if the policy were changed he thought that a list of all affected streets should be given to the Council so they would know exactly what would be involved. VOTE: UNANIMOUS (Councilmembers Williams and Talbot were absent but not excused. Their votes were in the affirmative.) Mayor Dawkins requested that the speaker for the Autumn Chase Homeowners be notified of the date of the Policy Committee meeting. 7. Consideration of developing a strategic planning program for the following transportation issues: A. Update of Fayetteville Area Thoroughfare Plan. B. Investigation of high speed rail corridor through Fayetteville. C. Investigation of direct passenger rail service from Fayetteville to Raleigh. D. Investigation of acquiring or leasing the rail corridor from Fayetteville to Fort Bragg. E. Explore potential Enhancement projects funded primarily by TEA-21 funds. Mr. Jimmy Teal, Chief Planning Officer, presented this item on behalf of the Planning Commission. Mr. Teal stated the Planning Commission was requesting the Council accept the recommended list and approve the Planning Commission's development of an action plan to proceed on accomplishing the recommended list. The action plan would be presented to the Council in July of 1999. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Kizer Councilmember Fogleman stated she felt the investigation of the high speed rail corridor through Fayetteville was unrealistic. She stated she felt getting the direct passenger rail service from Fayetteville to Raleigh as a connector was more realistic. Councilmember Fogleman inquired if this should be removed. A discussion was held and the consensus of the Council was to leave the recommended list as presented. Councilmember Kendrick stated he felt the Transportation Committee should have input into the planning. VOTE: UNANIMOUS (Councilmembers Williams and Talbot were absent and not excused. Their votes were in the affirmative.) 8. Consideration of salary adjustment for sworn members of Fayetteville Police Department (requested by Councilmember Talbot) This item was removed from the agenda. Councilmember Haire announced that Mayor J. L. Dawkins had been presented with an Honorary Doctor of Laws Degree from Fayetteville State University on Saturday, May 15, 1999. Mr. Haire congratulated the Mayor. 9. APPOINTMENTS: A. Fayetteville Appearance Commission: nomination needed to fill one vacancy for term expiring in December 1999. Councilmember Milligan nominated Melanie Solomon for the fill-in vacancy, which will expire in December 1999. Ms. Solomon was unanimously appointed to the fill-in vacancy. B. Board of Appeals on Dwellings and Buildings: nominations to fill two vacancies for three-year terms. Councilmember Worthy nominated Mr. Billy Whittington, Jr., for reappointment to a second term. Mr. Aaron Jamale Johnson and Mr. Billy Whittington, Jr., were unanimously appointed to fill the two three-year terms. 10. ADMINISTRATIVE REPORTS: A. Report from Ad Hoc Dog Ordinance Committee. City Manager Roger Stancil presented this item. Mr. Stancil recommended that the City Attorney be asked to work with Mr. Grainger Barrett of the County Attorney's office to develop a draft ordinance based on the Lawton, Oklahoma, model identified by the Committee. Mr. Stancil stated the ordinance would be modified to reflect North Carolina law and critical issues identified by the Committee and the attorneys would meet with the Committee for a final review before presentation to the City Council and County Commissioners. MOTION: Mayor Pro Tem McBryde moved to approved Mr. Stancil's recommendation. SECOND: Councilmember Fogleman VOTE: UNANIMOUS Closed session for the discussion of litigation in the Clark Sporting Goods matter. MOTION: Councilmember Fogleman moved to go into closed session. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The regular session closed at 7:42 p.m. and resumed at 8:02 p.m. Councilmember Kendrick requested an update from the staff on Annexation Areas 3-A and 3-B. INFORMATION ITEMS: 1. Response from Representative, A. Leslie Cox, Jr., regarding resolution by City Council supporting HB333-TIP funding allocations. 2. Copy of status report on Phases II, IIIA and IIIB Annexation projects. 3. Ad Hoc Dog Ordinance Committee - minutes of April 28, 1999. 4. Professional Standards - monthly report from the Office of Professional Standards for the month of April, 1999. 5. Human Relations Commission - minutes of April 8, 1999. 6. PWC - minutes of April 14, 1999. 7. Planning - Monthly Report for April 1999. (Inserted in packet) MOTION: Councilmember Milligan moved to adjourn the meeting. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The meeting adjourned at 8:03 p.m. INFORMATION MEETING MAY 24, 1999 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MAY 24, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Lisa Smith, Chief Financial Officer Vera Bell, Chief Operating Officer, Solid Waste Scott Dorney, Chief Human Resources Officer Pete Piner, Chief Operating Officer, Fire Frank Simpson, Inspections Director Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Smith, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins recognized Boy Scout Troop 747 of St. James Lutheran Church. Mayor Dawkins stated the Character Education Concept for May 1999 was celebration. 1. APPROVAL OF AGENDA Mayor Pro Tem McBryde requested to add consent agenda Item 2.C, adoption of a resolution supporting an allocation by the General Assembly of $1 million to the Fayetteville Area Soccer Association. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the addition. SECOND: Councilmember Worthy VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Massey) 2. CONSENT: MOTION: Councilmember Kizer moved to approve the consent agenda. SECOND: Councilmember Smith VOTE: UNANIMOUS The following items were approved: A. Approve tax refunds greater than $100. Name Year Basis City Refund Manning, Lee T/A Quality 1994 Per Audit taxpayer overstated $124.19 Inn East machinery and equipment figures B. Refer to Transportation Committee the proposed Sycamore Dairy Road/Legend Avenue improvements. C. Adoption of a resolution supporting an allocation by the General Assembly of $1 million to the Fayetteville Area Soccer Association. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE SUPPORTING ALLOCATION OF $1 MILLION TO THE FAYETTEVILLE AREA SOCCER ASSOCIATION. RESOLUTION NO. R1999-039. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 3. Report from Policy Committee. Mayor Pro Tem McBryde stated the report was in the memo included in the agenda packet. A. Committee recommends abolishment of Board of Adjustment and assign the duties and responsibilities to the Board of Adjustment to the Zoning Commission. MOTION: Councilmember Milligan moved that the proposed ordinance amendments on pages 22 and 23 be referred to the Planning Commission. SECOND: Councilmember Cheek Councilmember Worthy stated that it appeared that the Council wanted to pick and choose what boards exist and what boards dance to their tune, and if a board does not do what the Council wants, it is abolished. He said the Board of Adjustment has a purpose and function and it should be the mission of the Board to carry out its responsibilities as it sees and deems to be necessary and not be dictated to by this Council, and he could not support the motion because it sent the message to other commissions to get in line or be annihilated. Councilmember Massey stated this was not a unanimous vote of the Policy Committee, and he wanted the citizens who had given their time to their community to know that he respected them and he could not support this motion. Councilmember Smith stated he supported the motion with some regret because a board should not be taken lightly. However, Councilmember Smith stated, he felt a look needed to be taken at this Commission's responsibilities. Mr. Smith noted the Board of Adjustment was a quasi judicial committee with duties to carry out the laws passed by the Council and in that role, if they don't support those laws then the Council must do something about it. Councilmember Talbot stated he could not support the motion because all the Council was doing was abolishing seven members and transferring their powers to seven other members. Councilmember Talbot stated he felt the Council should just appoint new members with good resumes and let the Board go on with its business. Councilmember Haire stated he could not support the motion and he offered a friendly amendment that it go to the Policy Committee for revision of some of the objectives of the Board and that it be looked at from that standpoint. Councilmember Milligan stated she could not accept the friendly amendment because she would like for it to go straight to the Planning Commission for them to return with their recommendation as soon as possible. SUBSTITUTE MOTION: Councilmember Haire moved to send the issue to the Policy Committee to revise the objectives of the Board. SECOND: Councilmember Massey. City Attorney Robert Cogswell stated the standards for the Board of Adjustment are set by North Carolina General Statutes. Councilmember Williams stated he did not feel it would do any good to send this item to the Policy Committee because of the comments made by other councilmembers in the minutes. Councilmember Kizer stated the window of opportunity for a variance is very defined and very narrow and the Board of Adjustment in his opinion had not been following the guidelines. Councilmember Kizer stated a variance is given when a hardship is proved in the quasi judicial hearing by the presenter and after attending the Board's meetings, he had not seen that being carried through. Councilmember Kizer also pointed out the Board of Adjustment has a three-year term by statute and if the duties were placed with another board the terms would be for two years. City Attorney Robert Cogswell stated that if the duties were assigned to the Zoning Commission, there would not have to be three-year terms and Section 3 of the proposed ordinance on page 22 would not be needed. A discussion ensued regarding the requirements of the North Carolina General Statute in reference to the Board of Adjustment's functions. Mr. Cogswell stated there could either be a Board of Adjustment or the duties could be assigned to another planning agency. Councilmember Massey restated his support for sending this issue to the Policy Committee. Councilmember Milligan stated it should be clearly understood that either the Zoning Commission or the Planning Commission could accept this issue and so many of the issues going before this Board are zoning related, thereby creating a perfect place for the issues to be heard. SUBSTITUTE MOTION VOTE: Failed by a vote of 5 in favor (Councilmembers Worthy, Talbot, Williams, Massey, and Haire) to 7 in opposition (Councilmembers Smith, Kendrick, Cheek, McBryde, Fogleman, Kizer, and Milligan). Mr. Cogswell asked that the motion not include Section 3, on page 22, of the proposed ordinance because the length of terms do not have to be increased to three years. A discussion was held about dissolving a board with members still having unexpired terms. Mr. Cogswell stated this could be done. ORIGINIAL MOTION VOTE: Passed by a vote of 7 in favor (Councilmembers Smith, Kendrick, Cheek, McBryde, Fogleman, Kizer, and Milligan) to 5 in opposition (Councilmembers Worthy, Talbot, Williams, Massey, and Haire) Mr. Cogswell stated this would go to the Planning Commission for a public hearing and then the Council would hold a public hearing when it received the Commission's recommendation. A discussion was held regarding the Council's policy on reappointment of board members to another board when their current terms expired. B. Committee recommends referral of review of all boards and commissions to the Policy Committee. (1997 Council Goal Number 14) MOTION: Mayor Pro Tem McBryde moved to refer all boards and commissions to the Policy Committee for review. SECOND: Councilmember Kizer VOTE: Passed by a vote of 9 in favor (Councilmembers McBryde, Cheek, Kendrick, Talbot, Smith, Fogleman, Kizer, Milligan, and Williams) to 3 in opposition (Councilmembers Worthy, Massey, and Haire) Councilmember Haire expressed his concern about the unfairness of referring the committees back to the Policy Committee when the Policy Committee had made itself known tonight. Councilmember Worthy stated that in the past the Council had appointed persons to another board when they had just completed a term with another board. City Attorney Robert Cogswell stated that the Council's policy required a year's wait after a four-year term had been served before a reappointment could be made to a board. This did not preclude an appointment to another board. 4. Presentation of Recommended Budget for Fiscal Year 1999-2000. City Manager Roger Stancil presented the fiscal year 1999-2000 budget as follows: FY 1999-2000 BUDGET Priorities l Enhance employee pay to improve retention and recruitment under following parameters: - No tax increase - No reduction in current service levels - Extend services to Lafayette Village New Positions l +9 Phase 3B Annexation - 3 police officers and 2 investigators - 1 equipment operator (Solid Waste) - 2 equipment operators and 1 maintenance worker (RCF-street maintenance) New Initiatives l Part-time call takers to reduce dispatcher overtime (E911 Fund) l GIS technician for drainage inventory management (Stormwater Fund) l County-wide street sweeping (Stormwater Fund) Public Safety Pay l Raise minimums to 7% for police officers, police sergeants, firefighters, fire lieutenants and fire captains l 5% across-the-board for these positions or move to new minimum, whichever is greater l In lieu of performance increases for those specific positions this year l Raise senior public safety and general employee minimums by 5% l Senior public safety positions and general employees eligible for performance pay increases l Performance pay increases equal 4% of total departmental budget l Performance pay: - Meets expectations (3%) - Exceeds expectations (4% to 5%) l 1998 CPI increase was 1.6% l Continue to develop Public Safety Professional Development plan l Present plan's concept to Council on Tuesday, July 6 l Fund pay study for all positions Service Changes l Eliminate commercial solid waste roll-out service - Net savings of $56,200 - Additional net cost avoidance of $140,000 - Include commercial roll-out service in the franchise agreement - Eliminate 2 equipment operators, 1 solid waste worker, 1 office assistant position, and related operating costs ($56,200) l Reduce limb service staff - Eliminate 2 equipment operator positions and related operating costs ($56,800) Funding Changes l Fund Fayetteville Partnership from General Fund l Use Central Business Tax District revenues for downtown improvements Unfunded New Program Requests l Park/green space land acquisition l Grantwriter proposal l Transit midday service (CFVMC to Cross Creek Mall, Cape Fear Plaza to Downtown to VA hospital) l Information Systems support personnel l Matching funds for various public safety grants, which add positions Non-Funded Capital l No funds for next round of proposed annexations l No new projects for Center City Result l FY00 General Fund budget increase of 1.3% (exclusive of 3B) - Excluding 1.3 million transfer for 3A annexation in FY99 budget - Excluding 1.6 million for biannual police vehicle replacement in FY99 budget Financial Plans General Fund (millions & w/o Phase 3B) FY99 FY99 FY00 Budget Est. Rec. % Personnel 38.8 38.2 41.2 6.2 Operating 15.3 15.5 14.8- 3.3 Capital 4.8 5.1 2.6- 45.8 Other 11.5 11.6 9.8- 14.8 Total 70.4 70.4 68.4- 2.8 General Fund (millions & w/o Phase 3B) FY99 FY99 FY00 Budget Est. Rec. % Property Taxes 28.3 28.6 28.8 1.8 Other Taxes 20.6 20.7 21.8 5.8 Intergovernmental 4.8 4.8 4.9 2.1 Sales & Services 2.4 2.5 2.3- 4.2 Other 2.0 2.1 2.0 0.0 Capital Lease 1.5 0.4 0.6- 60.0 PWC Transfer 6.9 7.0 7.1 2.9 Fund Balance 3.9 4.3 0.9- 76.9 Total 70.4 70.4 68.4- 2.8 Pay Issues - Last Budget 98/99 l Compression - tenured employees were earning same or close to new employees' salaries l 56% of employees within 10% of minimum - 21% at minimum - 16% within 5% of minimum - 19% within 10% of minimum l Market issues - city jobs were below cities in our market area causing problems recruiting and retaining quality employees - City minimums for non-public safety jobs were 11.4% below market - City minimums for public safety jobs were 2% to 8% below market Pay Adjustments - Last Budget 98/99 l Compression objective - increased pay for tenured employees to retain trained, knowledgeable employees - Pay increased 1% to 5% for employees with 6+ years of service l Market objective - increased pay to retain new employees without negative impact on compression - Held off adjustments to minimums - 5% market adjustments for employees with 1+ years of service Impact on Pay - 98/99 Budget Decisions l Compression l Total of 43% of employees within 10% of minimum - 17% at minimum - 14% within 5% of minimum - 12% within 6% to 10% of minimum l Market adjustment - Turnover continues to increase with majority of employees leaving with 3 or less years of service - City jobs remain below market minimums due to no adjustment to minimum salaries Five-Year Turnover l Sworn Law Enforcement - 16.7% l Other Employees - 16.9% 98/99 Turnover l 140 employees as of 3/31/99 (16.9% annualized rate) l 80% of employees leaving have 3 years or less service - Half of these employees left prior to receiving 5% increase - Half of these employees received an average 6.9% increase over their tenure 1999 Pay Survey l City minimums for non-public safety jobs are 10.8% below market l City minimums for public safety jobs range from 2% to 16% below market - Police Officers - 11.8% - Police Sergeants - 14.0% - Firefighters - 15.2% - Fire Captain - 16.6% Pay Impact this Budget l Compression l Total of 46.6% of employees within 10% of minimum - 12% at minimum - 21.2% within 5% of minimum - 13.3% within 6% to 10% of minimum l Market - City minimums for non-public safety jobs are at 5.8% below current market and market moves every year - City minimums for some public safety jobs range from 1% to 8% below current market and market moves every year Pay Reviews this Budget l Continue development and implementation of public safety professional development plan l Present to Council on July 6 l Conduct pay study Possible Future Service Changes l Shift funding to private sector or other units of government l Charge for core services now in basic tax rate l Close fire station or recreation centers l Expand police patrol zones or reduce programs l Reduce resources for City core services l Scrutinize outside agency funding l Look for new revenue generation -Gas and/or cable utility l Transform current assets into revenue producers l More closely connect revenue sources with expenditures Threats to City's Financial Stability l Electric utility deregulation ($7,100,000) l Passage of additional 1-cent sales tax bill is remote ($7,000,000) l Moratorium on internet sales tax - Est. internet revenue as a % of total revenue: -- .2% in 1997 -- 2.1% in 2000 -- 9.4% in 2003 - Fayetteville's projected lost sales tax revenue in 2000 is $337,000 l Public safety retirement bills in Legislature: $1,100,000+ for police officers 450,000+ for firefighters $1,550,000+ total cost l Fayetteville has lowest tax rate among 8 NC cities of comparable size l Cumberland County has second highest tax rate among counties where comparable cities are located - Alternative local revenue sources consumed by Cumberland County l Source of additional revenue is limited - Cumberland County is the sole recipient of: - Occupancy tax ($1,210,000) - Prepared meals tax ($2,851,000) l State fiscal pressures may jeopardize state reimbursements to local government ($1,400,000 annually for Fayetteville) FY 2000 Challenges l Develop strategic financial pay plan l Continue Excellence in Government Review l Develop capital improvement plan and review debt management policy l Develop new revenue sources l Review budget process Councilmember Fogleman inquired about where the money goes for the unfilled Police slots. Mr. Stancil explained that the salary lag has been used to pay overtime which was required to fill the vacancies. He stated if these positions are filled, no money is saved because the salary funds are currently being used. MOTION: Councilmember Fogleman moved to agree to hear from a representative of the Fayetteville Police Department regarding their compensation at the June 7 meeting for 10 minutes rather than the normal five minutes. SECOND: Councilmember Cheek City Attorney Robert Cogswell stated that if this was an agenda item, the limit would be five minutes as provided by ordinance but the motion would make it part of the budget process. Councilmember Fogleman stated it was her intention that the Police Department would pick a representative to speak and it would be a part of the budget session. Councilmember Smith stated his support for the Police Department but that he had some concerns that the Fire employees and other employees had not had an opportunity to speak and he felt they should be heard. Mr. Stancil stated that he had met with Mr. Champion and Mr. Champion had enlightening information on issues relating to public safety, to the future, and how to provide for public safety and services to an urban community. Mr. Stancil stated he thought these issues were related to both the Fire and Police Departments and could be addressed by Mr. Champion. He also stated he felt it would also address all other employees' needs. SUBSTIUTE MOTION: Councilmember Williams moved to let Mr. Champion make a request to speak and advise the Council the subject matter to be addressed and not take any action until he had been heard from. SECOND: Councilmember Haire Mr. Cogswell stated that if a written request was made, he would be limited to five minutes. Councilmember Williams withdrew his substitute motion. ORIGINAL MOTION VOTE: UNANIMOUS A discussion was held regarding making the public aware of the effects of the limb service elimination, the possibility of the City going into the Cablevision business, clarification of the funding of the Fayetteville Partnership, the Downtown tax budget, the proposed pay plan, and the funding of the proposed public safety retirement bill. Councilmember Talbot asked for clarification on the police pay proposal. Mr. Stancil replied that every Police Officer, Police Sergeant, Firefighter, Fire Lieutenant, and Fire Captain would get at least a 5 percent increase in their pay. If anyone was below the minimum and it took 7 percent to get to the new minimum, that would be what they would get. Councilmember Smith stated his dissatisfaction with the way the outside agencies had been handled in last year's budget. He stated he would like for the groups that had submitted a legitimate request and had gone through the process and submitted a document be invited to talk with the Council. MOTION: Councilmember Smith moved to set a separate session by June 7 for the outside agencies which had requested funding to give time to discuss the issues with the agencies. SECOND: Councilmember Haire Councilmember Haire stated he had a lot of people he needed to get money for. A discussion was held regarding the cutoff dates for outside agency requests for funding, and the procedure used to notify the outside agencies of deadlines for submittal of requests for funding. Councilmember Worthy stated if cutoff dates were going to be established, it needed to be made public for all agencies and not let them come at a certain time and be told they should have had this in or that in. Mayor Dawkins stated the requests already had been submitted and the only ones that would be discussed were the ones currently in the budget book. Councilmember Worthy inquired how the agencies would know the cutoff date. Mr. Stancil replied that a letter was sent to everyone who had received money in the past budget and then it was advertised in the newspaper with a cutoff date published for other agencies to submit a request. Councilmember Williams inquired how the rent subsidies, utilities, and cash giveaways to the outside agencies was being funded. Mr. Stancil stated the funds came out of the General Fund and the amount would be approximately $600,000. Councilmember Kendrick inquired about the funding for the proposed legislative bills for retirement increases for the Police and Fire Departments. Mr. Stancil stated the bills currently in the legislature would cost the City $1.5 million annually and that these funds were not in the proposed budget. Mr. Stancil advised that if the legislature was passed prior to July 1, 1999, provisions would have to be made to fund the mandate in this budget. Councilmember Cheek inquired in addition to the pay enhancements included in the budget for this year, was there a commitment and determination to revamp the entire pay plan during the year. Mr. Stancil stated he was specifically talking about public safety, and the performance base pay plan we had for our employees was a good concept and something that was endorsed and created by department heads as a way to manage their people. Mr. Stancil stated that when you are talking about revamp, you are talking about a comprehensive pay study that would look at the pay line and how it relates to the market, how it relates to the positions within the City, and it would also talk about job responsibilities, and for public safety, it would address professional development as a vehicle as to how we would want to reward experience and training. Mr. Stancil stated that in regards to public safety, you would be talking about a revamp, but not about the whole pay plan. Councilmember Cheek inquired if Mr. Stancil was talking about going beyond the performance and professional development we were working on now. Mr. Stancil stated that as the issue was discussed, the Council could set goals for what would be done in the future. Councilmember Massey inquired if Big Brothers or Big Sisters or TIPS got information about the filing time or was it limited to the agencies that were funded after the cut last year. Mr. Stancil stated he would get specific information to Mr. Massey by the next meeting. Councilmember Massey stated that if they did not get a letter, then did they get a chance to apply. Mr. Stancil replied in the affirmative. Councilmember Smith suggested that the Council look into reducing the Downtown district tax to enhance future development. Mayor Pro Tem McBryde stated the issue of a tax reduction was for the public hearing. If they wanted it raised, they would raise it, and if they wanted it lowered, they would lower it. Councilmember Haire inquired if certain non-profits were not a part of the process last year, did they get notification of the cutoff date of submitting an application for funding. He stated if they were not notified, he did not like that process. Lisa Smith, Chief Financial Officer, stated that letters were sent to the agencies that received funding and then an advertisement was placed in the newspaper informing other agencies of the deadline for submitting their applications. Councilmember Haire stated he felt this process should be changed in the future. Ms. Smith stated she would be happy to add any agencies that he had to the list next year. Further discussion was held regarding the notification of outside agencies of funding deadlines. VOTE: UNANIMOUS 5. Discussion of the following topics: (Requested by Councilmember Williams) 1. How to reduce crime in Fayetteville. Councilmember Williams presented this item. He stated the crime in our City is affected by the police officer's low pay. MOTION: Councilmember Williams moved to direct our City Manager to bring before Council in his recommended budget for 1999-2000 an equivalent pay plan to the county sheriff's pay plan or Hagan's comprehensive pay plan. Also, direct our City Manager not to fund the pay plan with a tax increase or any cut in public safety, streets and roads funding, or services to all of Fayetteville residents. But instead fund the plan with funds from growth in our economy (2 million plus) and/or cuts in our budget of items of less priority. SECOND: Councilmember Haire Councilmember Worthy stated the police officer's pay increase had not been budgeted because they had not been a priority. He requested they be made a priority. VOTE: Failed by a vote of 5 in favor (Councilmembers Worthy, Talbot, Williams, Massey, and Haire) to 7 in opposition (Councilmembers Smith, Kendrick, Cheek, McBryde, Fogleman, Kizer, and Milligan). 2. City Council's role and City Manager's role in City government. Councilmember Williams inquired if it was the Council's role or City Manager's role to come forward to make or suggest cuts in the City budget that are needed to pay for our financial obligations. City Manager Roger Stancil answered that his job is to do whatever the Council directs him to do, and that he needed guidelines, but any service cuts would be the Council's responsibility. Mr. Stancil stated what the staff does is bring in a projected budget within the perimeters of the Council's directions. Councilmember Williams inquired if it was the Council's role or the City Manager's role to suggest a tax increase instead of cuts to fund financial obligations. City Manager Roger Stancil stated it was the Council's decision to raise taxes or adopt the budget. Councilmember Williams inquired if it was the Council's responsibility or the City Manager's responsibility to continually use the Police Officers' pay as a reason to raise taxes instead of revealing the real reason for raising taxes for items of least priority. City Manager Roger Stancil stated the budget is the Council's responsibility. No vote was taken on the motion. 6. Discussion of the following topic: (Requested by Councilmember Talbot) "Police officer retention is the number one problem for this city, and must be addressed. In understanding the problem and possible solutions, council needs to hear information from multiple sources regarding problems and possible solutions. This information will give the City Council a better understanding in order to correlate same with staff recommendations." Councilmember Talbot presented this item. He expressed his opinion that police retention is a problem because they do not make enough money to keep them as employees. He stated a 5 percent or 7 percent raise would not do anything about repairing the police rank salary compression issues nor would it increase rank and file salaries when the City is 11.8 to 16.6 percent below the market levels. Councilmember Talbot stated it was incumbent upon the Council to recognize the paramount and complex situation of the police officers' salary as first and foremost. He stated the Fire Department needed to be raised and all City employees would like a raise, and he wished he could give all employees a raise, but the plan being discussed did not give the boost to all tenured employees. Councilmember Talbot stated it was his intention to bring the problem of Police retention to the Council's attention and therefore he made the following motion MOTION: Councilmember Talbot moved that the City Council give priority and support to a comprehensive pay plan adjustment directed to Police Department employees to be made ready for presentation to the City Council by the City Manager, staff, and Police unions, during our forthcoming budget review. SECOND: Councilmember Williams FRIENDLY AMENDMENT: Councilmember Worthy moved to include the Fire Department in the motion. Councilmember Talbot accepted the amendment. A discussion was held regarding the motion, the July presentation of the public safety and professional development plan, the department head's input into the budget, and the input from the public sector regarding the Police pay issue, and the legality of unions in North Carolina. VOTE: Failed by a vote of 5 in favor (Councilmembers Worthy, Talbot, Williams, Massey, and Haire) to 7 in opposition (Councilmembers Cheek, McBryde, Kendrick, Smith, Fogleman, Kizer, and Milligan). INFORMATION ITEMS 1. Report on tax refunds less than $100. Name Year Basis City Refund Henderson, Samuel W. 1997 DMV Error $30.89 Meechan, Charlotte P. 1997 Corrected tax district 29.45 Rawles, Carl Gregory 1996 & 1997 Clerical Error 75.15 WF Brewer & Associates 1998 Clerical Error 19.17 Total $154.66 2. Statement of taxes collected for the month of April 1999, from Cumberland County Tax Administrator. 1998 Taxes $ 123,745.60 1998 Vehicle Taxes 229,846.15 1998 Revit 819.61 1998 Vehicle Revit 277.66 1998 FVT 25,294.40 1998 Storm Water 12,958.75 1997 Taxes 9,938.12 1997 Vehicle Taxes 4,360.38 1997 Revit 0.00 1997 Vehicle Revit 0.00 1997 FVT 765.00 1997 Storm Water 2,246.53 1996 Taxes 5,861.85 1996 Vehicle Taxes 764.41 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 95.00 1996 Storm Water 551.77 1995 Taxes 2,462.43 1995 Vehicle Taxes 155.36 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 15.00 1995 Storm Water 169.28 1994 & Prior Taxes 2,244.19 1994 & Prior Vehicle Taxes 118.29 1994 & Prior Revit 0.00 1994 & Prior Vehicle Revit 0.00 1994 & Prior FVT 50.00 Interest 12,382.54 Interest (Revit) 35.44 Interest (Storm Water) 868.25 Fayetteville Discount (7.66) Revit. Discount (0.00) Total Collections $436,018.35 3. Monthly written update on Y2K. 4. Letter from Time-Warner Cable regarding channel addition. 5. Information on boards and commissions vacancies for the month of June 1999. 6. Parks and Recreation Advisory - minutes of April 26, 1999. 7. Redevelopment Commission - minutes of February 10, March 24, April 6, April 23. 8. FACVB - minutes of April 27, 1999. 9. FAEDC - minutes of April 20, 1999, and President's May Activities Report. MOTION: Councilmember Haire moved to adjourn. SECOND: Councilmember Massey VOTE: UNANIMOUS The meeting was adjourned. REGULAR MEETING JUNE 7, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JUNE 7, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Scott Dorney, Chief Human Resources Officer Lisa Smith, Chief Financial Officer Ron Hansen, Chief Operating Officer, Police Frank Simpson, Inspection Director Robert Barefoot, Chief Operating Officer, Recreation/Community Facilities Janet Jones, City Clerk Steve Blanchard, PWC Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Captain Sherman A. Cundiff, Commanding Officer of The Salvation Army, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented Captain Cundiff, his wife Mickie, and his son Benjamin, with a Fayetteville City pin. He thanked them for a job well done for the City of Fayetteville and Cumberland County. 1. APPROVAL OF AGENDA City Manager Roger Stancil stated that he had some corrections on Items 2.K.5 and 2.K.6. He passed the corrections out to the councilmembers. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the corrections. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 2. CONSENT: Councilmember Milligan requested to pull Item 2.J, set public hearing on the North Street Study for July 19, 1999. Councilmember Kizer requested to abstain from discussion and voting on Item 2.L, approve request for Deed of Release by CDD of Raleigh Corp., Inc., from the Deed of Trust to the City of Fayetteville to secure street improvements in the original principal amount of $40,000 recorded in Book 4896, Page 412; Lot 1, Bordeaux Commerce Commercial Park, Book of Plats 94, page 9. MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Kizer to abstain from discussion or voting on Item 2.L. SECOND: Councilmember Cheek VOTE: UNANIMOUS MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exception of Items 2.J and 2.L. SECOND: Councilmember Kizer VOTE: UNANIMOUS The following items were unanimously approved: A. Approve minutes of regular meeting of May 3, 1999. B. Approve minutes of regular meeting of May 17, 1999. C. Adopt Reimbursement Resolution of the City Council of Fayetteville, NC, declaring the intention of Fayetteville to reimburse itself from the 1996 Installment Payment Revenue Bonds for certain expenditures made or to be made in connection with the reconstruction of the Dick Street Police parking lot. 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 THE 1996 INSTALLMENT PAYMENT REVENUE BONDS FOR CERTAIN EXPENDITURES MADE OR TO BE MADE IN CONNECTION WITH THE RECONSTRUCTION OF THE DICK STREET POLICE PARKING LOT. RESOLUTION NO. R1999-040. D. Adopt resolution authorizing condemnation of a certain parcel of land for a surface water drainage project on realigned Legend Avenue. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1999-041. E. Adopt resolution setting a public hearing for July 19, 1999, to consider the closing of approximately 175 feet of Azalea Drive from the northeast corner of tax parcel 0437-09-16-7526 to the north margin of parcel 0437-09-16-8463. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF AZALEA DRIVE. RESOLUTION NO. R1999-042. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1999. F. Approve Joint Use Agreement with Cumberland County Parks and Recreation Department for facility at Seventy-First High School. G. Approve Railroad Encroachment Agreements with Aberdeen & Rockfish Railroad for the fiber optic signal system cable of Fayetteville Urban Area Signal System Project. H. P99-16F. Approve the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 2410 Gary Street. Containing .28 acres more or less and being the property of Amar Navnit Patel as evidenced by deed recorded in Deed Book 4231, Page 603, Cumberland County Registry. I. P99-17F. Approve the rezoning from R10 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 4777 and 4779 Yadkin Road. Containing 1.12 acres more or less and being the property of Tommy O. & Frances W. West as evidenced by deed recorded in Deed Book 2594, Page 711, Cumberland County Registry. J. Pulled for discussion by Councilmember Milligan. K. Approve the following financial matters: 1. Adopt Special Revenue Project Ordinance Amendment 99-6 (1996 Local Law Enforcement Block Grant - Information Technology Systems) The City's 1996 Local Law Enforcement Block Grant was awarded for the acquisition of a public safety information technology system. The grant provided $379,654 in federal funds and required a local match of $42,184. The U.S. Department of Justice permits grant recipients to earn interest on the block grant funds; however, grantees are required to use those interest earnings for the same purpose that the grant funds were authorized. The City earned $42,370 in interest on the 1996 block grant funds and this ordinance amendment will formally authorize the City to use the public safety information technology system. 2. Adopt Special Revenue Project Ordinance 99-6 (Appropriation of Program Income for Assessment Payments and other Community Development Projects.) This ordinance will appropriate $15,000 of Hay-Branson funds for paving assessment payments for low- to moderate-income citizens and other community development expenditures. Community Development Block Grant funds cannot be used for these particular assessments because the associated paving contracts did not include "Davis-Bacon" provisions. 3. Adopt Special Revenue Project Ordinance Amendment 99-5 (Cops More 96 Grant - Information Technology Systems) The Cops More 96 Grant was originally awarded to purchase 85 mobile data terminals for patrol vehicles. A grant amendment was approved on October 26, 1998, to use the funds for the acquisition of a public safety information technology system rather than the mobile data terminals. In addition, the grant award was reduced from $406,743 to $348,697. In addition, the 25% local match requirement was reduced from $135,582 to $116,233. This ordinance amendment will reduce the existing budget for this project from $542,325 to $464,930 to reflect the grant amendment. 4. Adopt Special Revenue Project Ordinance Closeout 99-4 (COPS Grant) In 1994, the U.S. Department of Justice awarded a COPS grant of $771,326 to the City of Fayetteville to hire additional police officers. The City also provided $462,290 in matching funds for this project. The project has been completed and all associated revenues and expenditures have been audited. The project was officially closed by the U.S. Department of Justice on January 14, 1999. This budget action will formally close the project budget and financial activity on the City's financial records. 5. Adopt Capital Project Ordinance 99-14 (1999 General Obligation Street Improvement Bonds) This ordinance appropriates the proceeds of the bond sale of $4,900,003 authorized by City Council at their February 15, 1999, meeting including anticipated interest earnings of $100,000 for a total of $5,000,003. The bond proceeds will fund street construction projects. 6. Adopt Capital Project Ordinance 99-15 (1999 2/3s General Obligation Public Improvement Bonds) This ordinance appropriates the proceeds of the bond sale of $2,750,014 authorized by City Council at their February 15, 1999, meeting including anticipated interest of $128,000 for a total of $2,878,014. This sale will fund street improvements and drainage system design relating to Phase IIIA annexation. 7. Adopt Capital Project Ordinance Amendment 99-5 (Urban Signal System) The total cost of the Urban Signal System project is $7,000,000 to be funded over a five-year period. The North Carolina Department of Transportation will provide $6,167,000 for the project and the City will provide a local match of $833,000 (11.9% of the project) over the five-year period. This ordinance amendment appropriates an additional $77,955 to fully fund the second year local match requirement for the project. Including this amendment, the City has funded $128,439 of the local match requirement. An additional $704,561 will be required by the City over the next three year period. 8. Adopt Capital Project Ordinance Amendment 99-6 (Annual Street Resurfacing) This ordinance amendment will appropriate prior year excess transportation funds ($26,003) to the street resurfacing project. These funds are needed to cover a minor change order for the project. 9. Adopt Capital Project Ordinance Amendment 99-7 (Digital Traffic Signal System) The project has been completed at a total cost of $165,581; however, an amendment is needed to formally appropriate additional funds received from the North Carolina Department of Transportation ($10,247) and a General Fund Transfer ($21,419). These funds were used to pay internal payroll costs associated with the project. This project will be closed during the 1999-2000 fiscal year. 10. Adopt Final Amended Fiscal Year 1998-99 Budget Ordinance. The 1999-2000 Recommended Budget contains revenue and expenditure estimates, including pre-annexation estimates, for the current fiscal year (1998-99). The attached final amended fiscal year 1998-99 budget ordinance restates the current amended budget to more accurately reflect 1998-99 year-end estimates of revenues and expenditures contained in the 1999-2000 Recommended Budget. L. Pulled for discussion by Mayor Pro Tem McBryde. M. Approve request for right-of-way from N.C. DOT for a small corner of what is referred to as the Carvers Creek sanitary sewer lift station site containing approximately 0.01 acres. (PWC) N. Approve Water and/or Sanitary Sewer Annexation Agreement with Biltwell, Inc., for Country Walk, Section 3, located off Strickland Bridge Road; Cumberland County PIN No. 9496-20-7493.(PWC) J. Set public hearing on North Street Study for July 19, 1999. Councilmember Milligan pulled this item for discussion. She inquired whether a public hearing was necessary since there had been three neighborhood meetings. Mr. Stancil stated that a public hearing was not required. A discussion was held and the consensus of the Council was that they would like to hear the report before making a decision about holding a public hearing. MOTION: Councilmember Milligan moved to listen to the recommendations and then have the Council decide whether to set a public hearing. SECOND: Councilmember Kendrick VOTE: UNANIMOUS L. Approve request for Deed of Release by CDD of Raleigh Corp., Inc., from the Deed of Trust to the City of Fayetteville to secure street improvements in the original principal amount of $40,000 recorded in Book 4896, Page 412; Lot 1, Bordeaux Commerce Commercial Park, Book of Plats 94, Page 9. Councilmember Kizer abstained from discussion or voting on this item. MOTION: Councilmember Smith moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Kizer abstaining) 3. PUBLIC HEARINGS: A. P99-10F. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article IV, Section 32-22 to require special use permits for concealed towers, and various administrative changes. Proposed telecommunication tower policy for City Council. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal explained that the concealment provision of the ordinance did not require a public hearing or a special use permit. He stated the proposed changes will require a public hearing before the Zoning Commission and the City Council for a special use permit whenever a tower is submitted as concealment or is proposed to be located within a substation area. He stated the Planning Commission recommended approval of the ordinance changes. Mr. Teal also recommended that the telecommunication towers and equipment policy be sent to the Policy Committee for review. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:24 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, ARTICLE IV, DISTRICT USE REGULATIONS. ORDINANCE NO. S1999-007. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1999. MOTION: Councilmember Kizer moved to approve the recommendations. SECOND: Councilmember Fogleman VOTE: UNANIMOUS MOTION: Councilmember Kendrick moved to refer the policy to the Policy Committee. SECOND: Councilmember Cheek VOTE: Passed by a vote of 10 in favor to 2 in opposition (Councilmembers Massey and Worthy) Councilmember Worthy stated he felt the Council was in agreement with the policy and he did not see the need to send it to the Policy Committee. B. P99-19F. Consideration of an application by Jack Clark for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-30(14) to allow warehousing in a CBS Central Business District for an area located at 126 & 128 Maxwell Street. Containing .12 acres more or less and being the property of Gayle Clark Reaves, John C. Clark, Jr. and Clark Sporting Goods as evidenced by deeds recorded in Deed Book 3064, Page 503-505 and 3064, Page 516, Cumberland County Registry. Ms. Kathy Kem presented this item noting the Land Use Plan. She reviewed the Findings of Fact as set out by the Zoning Commission and stated the Commission recommended approval of the special use permit. A discussion was held regarding the definition of a warehouse. Mr. Frank Simpson, Inspections Director, stated he thought a warehouse was a building used for storage and did not have any retail sales. Councilmember Kendrick inquired if there could be more than one use allowed in the area. Mr. Simpson replied in the affirmative. Councilmember Worthy inquired about the rationale of the Zoning Commission when they made this decision. Ms. Kem stated they made the four findings of fact that the Council would need to make. Councilmember Milligan stated that the Zoning Commission minutes reflected that the building was being used as a distribution center for 10 years and a Special Use Permit could not be issued for a distribution center. This is the advertised public hearing set for this date and time. The public hearing opened at 7:35 p.m. Mr. Jack Clark, 507 Cliffside Drive, Fayetteville, NC, appeared in favor of the Special Use Permit. Mr. Clark stated he had six employees in the building and that five worked in the office upstairs and one worked downstairs. Mr. Clark stated he had merchandise coming in every day and going out every day. The building was used to keep his back-up stock for his other stores, and that he had been doing this for ten years at this location and had been unaware that he needed a Special Use Permit to operate. There was no one further to speak and the public hearing closed at 7:37 p.m. MOTION: Mayor Pro Tem McBryde moved to follow the recommendation of the Zoning Commission and to make the four findings of fact set out by the Commission. SECOND: Councilmember Talbot Councilmember Milligan stated that she disagreed because the ordinance does not state a distribution center and the Inspections Director stated it was not correct to allow a distribution center in the area. Councilmember Fogleman inquired about the fire code compliance. Mr. Frank Simpson stated that issue had been resolved and that in his opinion this was a warehouse use. In response to a question from Councilmember Williams, Mr. Jack Clark stated his business had been located in the downtown area for 61 years. Councilmember Cheek requested that the staff's recommendation for a condition that loading and unloading be allowed from the rear alley only be added to the motion. Mayor Pro Tem McBryde accepted the addition to the motion. Councilmember Kizer stated he felt that the findings of fact needed to address the noise factor, the fumes, the traffic issue, and the fire code, and he objected to the fact they were not addressed or included in the findings of fact. City Attorney Robert Cogswell stated he felt the conditions being placed satisfied the legal requirements. Mr. Simpson stated that the use must meet the fire code and not the building itself. Councilmember Smith stated he felt that because many non-conforming businesses had been grand-fathered in, and because this business had been operating for a long time, it should be grand-fathered also. Councilmember Kendrick disagreed with Mr. Smith's statements and stated this issue did not deal with grand-fathering and it needed to be put into the motion. Councilmember Milligan restated her concern about objection to setting a precedent of allowing a warehouse in the historical district. VOTE: Passed by a vote of 7 in favor (Councilmembers Cheek, McBryde, Talbot, Smith, Williams, Massey, and Haire) to 5 in opposition (Councilmembers Fogleman, Kizer, Milligan, Worthy and Kendrick) The following Findings of Fact were made: a) The proposed activity is free of objectionable characteristics such as noise, smoke and fumes; b) Pedestrian and vehicular traffic shall not be obstructed by loading and unloading activities; c) Existing first floor retailing activities along the block face containing the site are not disrupted by the proposed use; d) The proposed use complies with the applicable fire code; and e) That loading and unloading be allowed from the rear alley only. 4. City Council Budget Workshop: A. Presentation by Dr. Darl Champion, Director of Criminal Justice Study, Methodist College, on the need for a professional pay plan for the Fayetteville Police Department. City Manager Roger Stancil presented this item. Mr. Stancil stated he and Mr. Champion had met a couple of times and they shared the same concern about providing an adequate level of public safety. Mr. Stancil introduced Mr. Darl Champion, Director of Criminal Justice Study at Methodist College. Mr. Champion prefaced his presentation on behalf of the Fayetteville Police Department with a statement that he felt what he had to say applied throughout public safety and not just to the Police Department. Mr. Champion stated the problem was low pay and high turnover, and the recommended pay increase was commendable but (1) the City needed a competitive career pay plan for all officers; (2) the plan must provide compensation that will attract and retain the best and the brightest; (3) lack of a career pay plan would have an impact on the officers and the services they provide; and (4) there would be consequences. Mr. Champion stated that loss of experienced officers would result in a decrease in safety and competency and an increase in liability. He pointed out that the officer's quality of life would be reduced and there would be an increase in fatigue and stress. Mr. Champion said decreased motivation results in decreased performance which translates into increased citizen complaints. Motivation in law enforcement is achieved through a combination of three key components of a career pay and benefit plan, career development and promotion pay, and job enrichment. Mr. Champion made the following recommendations: 1. That the City move to develop a plan of action to design and implement a career pay plan; 2. That such an action plan provide initiatives and milestones with timelines; 3. That it be completed within the next 90 days; and 4. To benchmark best practices in the area of public safety pay, career development, and job enrichment. Councilmember Milligan stated her opinion that the increase in last year's budget and the proposed increases in this budget were commendable, but it was not enough and there needed to be a long-range plan so the City employees would know where they stand. Councilmember Milligan stated she would like to direct Mr. Stancil to bring a long-range pay plan to the Council as soon as possible. Mayor Dawkins stated that he would come back to Councilmember Milligan and entertain a motion to that effect after the question and answer time. A discussion was held regarding the correlation between the pay rate and the retention rate, the status of merit pay, the on going cost of training, the crime issues, and the development of a pay plan which allows an employee to have a career with the City. Councilmember Kendrick inquired if the City could expect to fund a Police Department that would not have officers working on part-time jobs. Mr. Champion responded the proposed changes would not totally remove the part-time work, but it would have a significant impact on working overtime to make ends meet. Mr. Champion stated the City needed to determine where they wanted to be in 5 to 15 years and to move expeditiously. Mr. Stancil stated when he presented the Professional Development Plan on July 6, it would give the Council a course to set for the future of public safety. He noted it was easy to develop a pay plan but it was harder to fund it. Councilmember Milligan stated she would wait for any further action until the presentation on July 6, 1999. B. Review of Recommended Budget for FY 99-00. Councilmember Milligan asked Mr. Stancil about the allegations from Councilmember Williams about the crime data being misrepresented. Mr. Stancil stated that he always tried to provide the Council with the information they needed to make their decisions and that he had nothing to gain from giving misinformation. He explained that Mr. Williams was concerned about the inclusion of 1995 figures when this was the year that the Police Department's reporting process was revamped to bring the City of Fayetteville more in line with the reporting systems used by other cities within the state. He stated Mr. Williams felt the percentage reflected in the report was a false representation. Mr. Stancil explained the change in the reporting system which had been implemented by the Police Department in 1995, noting that the total reduction for violent crimes in 1996-97 was 26 percent while at the same time, the City's population doubled due to annexation. A discussion was held about the per capita reduction in crime rate, with Councilmember Cheek noting that the assaults in 1996 were 336 per 100,000 and 182 per 100,000 in 1998. Councilmember Haire stated he had told some non-profit agencies to turn in their funding request and he had been told they had been turned down. Mayor Dawkins stated that the only outside agencies that would be considered were the ones listed in the budget book. Mayor Dawkins asked the Council if they wanted to change their procedure. Councilmember Haire said his understanding was that the motion he seconded would allow other agencies to apply. Councilmember Smith stated his motion was that the outside agencies in the book be reviewed, and that motion had been restated for clarification at the last meeting. A discussion was held regarding the process used to notify the agencies via the mail and by newspaper advertising that their submissions could be made. Councilmember Worthy stated the process was not fair because the list had been cut and the prior recipients had not been notified except by newspaper, and he could not support the public trough because everybody had not been given fair treatment. Mr. Stancil stated the process had not changed in 10 to 20 years. The process has always been the agencies funded in a previous year were notified by letter, and an ad was placed in the newspaper for anyone else to apply. Mr. Stancil stated anyone could ask to be considered for funding at the public hearing to be held on June 21, 1999. Councilmember Worthy inquired why had Councilmember Haire's agencies been turned down. Mayor Dawkins stated that on the 14th of June the agencies in the book would be reviewed and on the 21st of June, anyone else could request funds. Councilmember Haire inquired if in the future the policy would be revised where anyone that received funding or did not receive funding would be notified by letter. Mr. Stancil stated he had not had that direction from the Council. Councilmember Talbot stated that he felt if an agency did not respond, that was all there was. He then inquired as to when the National League of Municipalities became an outside agency. Councilmember Williams stated this discussion was a mute point because once the police officers' pay was properly funded, he doubted there would be any money left for outside agencies. C. Set date and times for the following: 1. Follow-up Budget Workshops 2. Meeting with Outside Agencies that have requested funding 3. Set public hearing for June 21, 1999, to consider adoption of Budget Ordinance for FY 99-00. MOTION: Councilmember Cheek moved to include PWC as well as the outside agencies on the June 14, 1999, agenda. SECOND: Councilmember Massey A discussion was held regarding the speaking time limit to be allowed for each agency on the list. The consensus was that enough time (three to five minutes) should be given to allow a good presentation, and a question and answer period would follow each presentation. VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Haire) MOTION: Councilmember Cheek moved to set a public hearing for June 21, 1999, to consider adoption of the budget ordinance for FY 1999-00. SECOND: Councilmember Milligan VOTE: UNANIMOUS 5. APPOINTMENTS: (Item moved up by Mayor Dawkins) A. Airport Commission - nominations needed to fill three vacancies. Councilmember Cheek nominated Mr. Michael Lallier. Councilmember Talbot nominated Mr. John W. McCauley. Councilmember Kizer nominated Mr. Charles Koonce. Councilmember Worthy nominated Juanita Pilgrim. B. Human Relations Commission - nominations needed to fill four vacancies. Councilmember Haire nominated Ms. Lauren Burgess. Mayor Pro Tem McBryde nominated Ms. Ann Groninger. Councilmember Worthy nominated Dr. Wolff. Councilmember Massey nominated Mr. Brad Khavari. C. Public Works Commission - nominations needed to fill one vacancy. Mayor Pro Tem McBryde nominated Sandy Saunders for reappointment. D. Public Works Commission Retirement Board - nominations needed to fill one vacancy. Councilmember Worthy nominated Accountant John L. Blackwell. E. Storm Water Advisory Board - nominations needed to fill two vacancies. Councilmember Kizer nominated Mr. Walter Moorman. 4.B. Review of Recommended Budget for FY 99-00. Mr. Stancil stated that the figures for performance pay included a 15 percent increase for benefits. The Council began the review of the individual departments. The budget of the Mayor and City Council, the City Attorney, and the City Manager were reviewed with no questions. FINANCE Councilmember Kendrick inquired about hiring a private agency to collect taxes for the City. Mr. Stancil stated he would do research on this issue. HUMAN RESOURCES Councilmember Cheek pointed out that the general government section which was the staff side of the City had no new positions, and there had been large cuts in equipment. She stated it was important that everyone know this was not a growth budget but a lean budget. Councilmember Talbot inquired about the performance pay included in each section of the budget reviewed thus far. Mr. Stancil stated they were generally funded at 4 percent of the department payroll and the employees could receive a raise of 0 to 5 percent. He noted that if expectations were met, they could get 3 percent and if expectations were exceeded, they would get 4, 4-1/2 or 5 percent. INFORMATION SYSTEMS Councilmember Kizer inquired if there were inroads being made with the County Department and PWC in the GIS system. Mr. Stancil responded in the affirmative and stated a pilot project would be presented to the Council at the next joint meeting with the County. FIRE/EMERGENCY MANAGEMENT Councilmember Haire inquired about collaboration between the City and County in the Fire/Emergency Management. Mr. Stancil pointed out the enhanced 911 system, hazardous materials, and the transition agreement with the City of Fayetteville and Bonnie Doone Fire District as examples of this effort. INSPECTIONS Mr. Stancil stated that no new personnel was being added to the Inspections Department and he felt it was important that the Council know that the Inspections Department recovered two-thirds of its functional revenues from the fees they collected. Councilmember Kizer inquired about the computerization of a tracking system for the Inspections Department. Mr. Stancil stated they were a part of the public safety planning for software and that was currently underway. POLICE Councilmember Cheek requested that the sergeant pay in the Police Department be reviewed and figures be brought back to get the position more in line for more adjustments to their pay. ENHANCED 911 FUND Mr. Stancil stated that in the Enhanced 911 Fund, four part-time call takers would be added in an effort to reduce overtime expenditures in the General Fund. Mr. Stancil stated these call takers would be paid out of 911 funds and not the General Fund. He stated the dispatchers had to be paid out of the General Fund. AIRPORT Mr. Stancil stated no General Funds were transferred to the Airport. He pointed out that the increased personnel and functional revenues were due to the operation of the FBO for an entire fiscal year in Fiscal Year 2000. TRANSIT Mr. Stancil reported that all of the federal subsidies had been used up this year and funding was becoming a problem and unless the County and the community steps up to the plate and talks about an urban public transportation fund, the City might have to consider getting out of the business. Mr. Stancil stated it currently cost approximately $700,000 to operate the Transit system and that figure was going to go up. He noted that only the City residents support the system and most other areas have an urban transit system. Councilmember Kendrick inquired how the Council would be proactive in this area. Mr. Stancil stated he felt this was a topic that could be discussed in a City/County partnership group of County Commissioners and City Councilmembers. Councilmember Massey offered the support of the City/County Liaison Committee. PARKING FUND Mr. Stancil stated the reduction in revenues was due to the fact that the County Department of Social Services would not be renting their parking lot. Mr. Stancil stated parking was a losing situation and he would be back with some recommendations at a later time. There were no questions in the areas of Community Development, Human Relations, and Planning. RECREATION AND COMMUNITY FACILITIES Councilmember Haire inquired if there were any plans for an additional swimming pool for the City of Fayetteville. Mr. Stancil replied there were, but there was no funding. Councilmember Cheek inquired if it was possible to set aside out of the Fund Balance an allocation of $250,000 for the purchase of park land if everything balanced out at the end of the year and the money was not needed for something else. Councilmember Fogleman expressed her support. SOLID WASTE Councilmember Smith stated these services were basic services that everyone received twice a week, and more revenues were needed for better services and more backup personnel so the routes could be run. He stated more dollars needed to be committed to this department, and he was willing to do that. Councilmember Haire stated he felt something needed to be done for this department. He had talked to some of the employees and they were very discouraged. Councilmember Talbot stated there was a need to look at privatizing this department and providing income. Mr. Stancil stated that 35 to 40 percent of the business in this department had been contracted out, and the problem was that if you get out of the business, you are at the mercy of other businesses. Mr. Stancil reminded the Council that included in this budget was the elimination of the roll-out service and that a decision would need to be made. He stated his intention was to put it on a future agenda and to include it in a franchise agreement for a rate of $10.50 a month and to get the City out of the roll-out business. Mayor Pro Tem McBryde stated he supported Councilmember Smith's motion but he wanted to get back to a full leaf season. Councilmember Smith stated he was talking about the core services of trash pickup and yard pickup. STORM WATER FUND Councilmember Haire inquired if there was anything in this budget relating to the storm drainage in the corridor that he is constantly screaming about. Mr. Stancil stated the biggest project was a mitigation project, which used FEMA funds and was currently being designed. Councilmember Kendrick stated $500,000 in capital outlay was not very much drainage. Mr. Stancil stated that the charge from the federal government is quality and his instructions to the staff had been to do enough quality to meet the federal regulations. Mr. Stancil stated on the other hand, the quantity issue is being done in conjunction with the County. Mr. Stancil also noted that the funding allowed would help determine the location of the drainage system because at this point that was unknown. TAX DISTRICT FUND Mr. Stancil stated this budget is based on a 10-cent tax rate and there is a $14,000 decrease resulting from the sale of Highsmith-Rainey Hospital to the County. He also stated the Fayetteville Partnership contract is not included in this part of the budget. Councilmember Smith requested this be postponed until the outside agency issue had been decided. MOTION: Councilmember Worthy moved to adjourn the meeting. SECOND: Councilmember Massey Councilmembers stated they wanted to finish the budget. Councilmember Worthy withdrew his motion. There was no discussion on the Fleet Maintenance Department, Risk Management Department, or Warranty Vehicle Lease Funds. INFORMATION ITEMS: 1. Report on Traffic Improvements at Ramsey Street and Rosehill Road. 2. Information on award of Alternative Fuel grant. 3. Response from Representative Mia Morris regarding resolution by City Council supporting HB 333-TIP funding allocations. 4. Response from Cumberland County School Board on use of Pine Forest Senior High School for recycling site. 5. PWC - minutes of May 12, 1999. MOTION: Councilmember Worthy moved to adjourn the meeting. SECOND: Councilmember Massey VOTE: UNANIMOUS The meeting adjourned at 10:50 p.m. SPECIAL MEETING JUNE 14, 1999 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER JUNE 14, 1999 6:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large) (arrived at 7:31 p.m.); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2) (arrived at 6:10 p.m.); Robert A. Massey, Jr. (District 3) (arrived at 6:09 p.m.); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ortharine Sansbury, Assistant City Attorney Pete Piner, Chief Operating Officer, Fire Janet Jones, City Clerk Steve Blanchard, PWC General Manager Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Pete Piner, Chief Operating Officer, Fire, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins announced today was Flag Day. APPROVAL OF AGENDA MOTION: Mayor Pro Tem McBryde moved to excuse Councilmembers Massey, Williams, and Fogleman until they arrived. SECOND: Councilmember Kendrick VOTE: UNANIMOUS Councilmember Smith requested to be excused from the June 21, 1999, meeting. Councilmember Massey arrived at 6:09 p.m. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Smith from the June 21 meeting. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Smith abstaining, Councilmembers Williams and Fogleman excused) Councilmember Williams arrived at 6:10 p.m. 1. PWC Presentation of Budget for Fiscal Year 99-00. Mr. Steve Blanchard, General Manager of PWC, presented the Public Works Commission annual budget for 1999-2000. Mr. Blanchard stated that deregulation had been pushed back and this would give PWC more time to work on the issues. Mr. Blanchard stated there would be no new positions in the personnel budget and the budget included a 2 percent pay range adjustment and a 4 percent performance pay allocation which would make it possible for an employee to receive a 6 percent raise based on performance. Mr. Blanchard reviewed the status of annexation projects noting that Phases 3-A and 3-B's designs were out for bid and bonds would be sold in the amount of $25 million to $26 million in order to finance these projects. He stated that PWC planned to curtail the issuance of bonds because the bond debt had gone from $77 million in 1989 to a projected $200 million for the coming year and the expenses to recover had gone up from $9 million in 1989 to a projected $32.9 million. Mr. Blanchard stated these expenses were paid from rates and the rate structure. Mr. Blanchard stated the water rates would increase and the sewer and electric rates would remain steady. He cited the following expenditures to be used for the benefit of the City: ALLOCATION TO CITY'S GENERAL FUND $6,014,165 STREET LIGHTING DIRECT $1,075,257 CAPITAL ADDITIONS $550,000 MAINTENANCE $350,000 Councilmember Kendrick requested that street lighting for neighborhoods be made a priority. Mr. Blanchard stated he and Mr. Stancil were working on a plan than would address this issue. Councilmember Fogleman arrived at 7:31 p.m. 2. Outside agency presentations. Mayor Dawkins announced that each speaker would be allotted three minutes for their presentation. Councilmember Worthy inquired if there were any audits, procedures, or overseers who directed the use of the public funds outside organizations received. Mr. Stancil stated each agency signed a contract that required an independent annual audit be submitted to the City's Chief Financial Officer for her review. He noted that the City had an internal auditor that could be used if the audit indicated that any issues needed to be addressed. Mr. Stancil stated the contract generally left the financial management responsibility up to the governing board of that organization with the annual audit required. Mr. Stancil noted that in a memo he had suggested some consideration be given to a change in process next year, which would require amendments to the current contracts, terms, and conditions. He also suggested negotiating contracts with the outside agencies. The contracts would be brought back to the Council before September 2, 1999, for approval of the scope of services. Mr. Stancil recommended assigning a City staff person to each funded organization in order to maintain an information relationship with them and to oversee what the agency was doing. The staff person would be related to the function of the organization. Mr. Stancil also recommended that in the third quarter of the upcoming fiscal year (March), the Council evaluate the contents of the contracts to see whether they are meeting their obligations, noting that at the same time the Council could establish the process they wanted to use for advertising funding for outside agencies. Councilmember Massey inquired into the purpose of the independent audit. Mr. Stancil replied the audit tested the accounting principles of the organization and made sure they were within the generally accepted accounting principles as defined by that profession. Mr. Stancil stated that Fayetteville Partnership and Fayetteville Economic Development Corporation already had a staff person assigned to them because they are partners with the City in economic development. He stated there was more oversight of these two organizations because there was a chief officer of the corporation who was responsible for maintaining the liaison and working with the agencies to make sure the Council's goals were accomplished. Councilmember Smith inquired if a determination would be made tonight regarding the funding of the outside agencies. Mayor Dawkins stated that would be up to the Council. Councilmember Smith stated he felt it should be done tonight. The following outside organizations appeared and requested funding from the City for their 1999-2000 fiscal year. Spokesperson Agency Libby Seymour, President The Arts Council Jeneal Harris The Woman's Club Captain Sherman Cundiff The Salvation Army Elizabeth H. Gnann Fayetteville Area Sentencing Center Thomas N. White SE NC Radio Reading Service, Inc. Barbara Baker-Davidson The Women's Center Dan Griffin, Linda Braswell, and Rape Crisis Volunteers of Cumberland County Aurelia Sands Belle Harry Whalen Fayetteville Area Economic Development Corporation Mary K. Deyampert Contact of Fayetteville, Inc. Christina Smith Wilmington Road Improvement Group Robin Kelly Fayetteville Partnership James Flanders and Bob White Seniors Call to Action Team Clay Johnson Fayetteville Dogwood Festival A question and answer period was held by the Council at the end of each of the above presentations. Mayor Pro Tem McBryde stated that the Retired Senior Volunteer Program had contacted him and had requested their funding request be honored. 3. Other budget discussion. City Manager Roger Stancil stated the Council would need to set the tax rate by June 30, 1999, and the outside agency funding would not effect the tax rate and did not have to be determined at this time. An in-depth discussion was held regarding other outside agencies addressing the Council to request funding and whether they would be precluded from receiving funds if a decision was made on outside funding at the current meeting. Mayor Dawkins stated that he thought the Council needed to get a consensus on how the Council wanted to fund the outside agencies currently on the list. Further discussion was held on whether a vote tonight would preclude other agencies from receiving funding. A determination was made that an agency could request funds at the public hearing on June 21, 1999, with a decision being made at that time as to the funding. MOTION: Councilmember Talbot moved to table this issue until next week. SECOND: Councilmember Williams Councilmembers expressed their opinions about the process to be used with Councilmember Kendrick asking for a straw vote which would not be binding but would give an idea where the Council stood. Councilmember Kendrick stated the final funding would not be determined until the final vote at the adoption of the budget ordinance for 1999-2000. Councilmember Williams withdrew his second to the motion to table. Discussion was held regarding the procedures to be used in determining the dollar amounts to be allocated to the outside agencies. MOTION: Mayor Pro Tem McBryde moved to take the list as presented with exception of Fayetteville Partnership, which was to be changed to $160,000 for a total expenditure of $596,000. SECOND: Councilmember Kizer The following allocations were a part of the motion: Agency FY 2000 "Straw Vote" Airborne/Special Operations Museum $50,000 Arts Council 250,000 Cape Fear Botanical Garden 10,000 CONTACT 5,000 Dogwood Festival 10,000 FAEDC 30,000 Fayetteville Partnership 160,000 Metrovisions 7,500 Retired Senior Volunteer Program 9,000 Salvation Army 12,000 Seniors Call to Action 10,000 Women's Center of Fayetteville 37,500 Women's Club 5,000 Total Funding $596,000 Councilmembers Worthy, Haire, and Massey expressed their opposition to the motion because the motion would fund only the agencies that had been funded in the current years' budget and no new agencies would be added to the list for allocation. VOTE: Passed by a vote of 7 in favor (Councilmembers McBryde, Cheek, Kendrick, Smith, Fogleman, Kizer, and Milligan) to 5 in opposition (Councilmembers Worthy, Talbot, Williams, Massey, and Haire) Councilmember Worthy inquired what would be the effect of the Council not agreeing to pass a resolution approving the new budget. Mr. Stancil stated that the budget could be approved by a majority vote and the tax rate would have to be set by June 30, 1999, or the City would be operating from this year's budget. MOTION: Councilmember Haire moved that the balance of the funding for outside agencies of $18,000 be taken and applied to the four groups who did not get funded on the sheet. SECOND: Councilmember Worthy A discussion was held regarding the City's funding of social programs versus the County's responsibilities to fund social programs, the precedent which could be set by funding the Olde Wilmington Road Group, and the determination of which organizations should be classified as social programs. Councilmember Worthy expressed his opposition to removing Fayetteville Partnership from the Historical Tax District funds for downtown improvements and placing them in the outside agency budget. Mr. Worthy stated increasing the outside agency funding by $160,000 made all taxpayers pay for downtown development that benefited only a small area. Mayor Pro Tem McBryde stated that Fayetteville Partnership was an economic developer and economic development benefited everybody and should be paid for by everybody. Councilmember Cheek raised the question as to the order of procedure and Councilmember Kendrick called for the question. The call for question was approved by a vote of 11 in favor with Councilmember Williams in opposition. Mayor Dawkins called for a vote on the motion on the floor dealing with the allocation of $18,000. VOTE: Failed by a vote of 3 in favor (Councilmembers Worthy, Massey, and Haire) to 9 in opposition (Councilmembers Fogleman, McBryde, Cheek, Kendrick, Williams, Talbot, Smith, Kizer, and Milligan) MOTION: Councilmember Kendrick moved to adjourn the meeting. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The meeting adjourned at 9:05 p.m. REGULAR MEETING JUNE 21, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JUNE 21, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8) Absent: J. Wick Smith, Jr. (District 9) (excused) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Vera Bell, Chief Operating Officer, Solid Waste Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Kenneth Pritchard, of the Fayetteville Community Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA City Attorney Robert Cogswell requested to add Item 17, consideration of purchase of property for Village Drive Drainage property: northwest corner of Village Drive and Ireland Drive intersection, Mrs. Georgette Leffew, owner. Councilmember Kendrick requested to move Item 6, consideration of approval of list for streetlighting improvements, to the consent agenda as Item 2.M, with the recommendation that it be referred to the Transportation Committee. MOTION: Councilmember Kizer moved to approve the agenda with the additions. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Smith excused) 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kizer requested to abstain from discussion or voting on Items 2.H.9 and 2.L. MOTION: Councilmember Massey moved to allow Councilmember Kizer to abstain from discussion or voting on Items 2.H.9 and 2.L. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Kizer abstaining and Councilmember Smith excused) Councilmember Kendrick requested to pull Items 2.B and 2.G.4. MOTION: Councilmember Cheek moved to approve the consent agenda with the exception of Items 2.B, 2.G.4, 2.H.9, and 2.L. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Smith excused) The following items were unanimously approved: A. Approve tax refunds greater than $100. Name Year Basis City Refund Williams, Clifford & Wife 1995-1998 Clerical error $137.08 Total $137.08 B. Pulled for discussion. C. Approve renewal of Lease Agreement with the Juvenile Assessment Center for facility located at 121 Lamon Street. (Same terms; no rent) D. Approve award of contract for purchase of replacement seats and decking for recreation facility at Reid Ross Middle School - East Side, in the amount of $61,785.16, to include performance bond and sales tax. (Joint project with Cumberland County Schools) Bids were received as follows: Dant Clayton Corporation (Louisville, KY) $61,785.16 Charron Sports Service, Inc. (Liberty, SC) $69,657.27 E. Approve acceptance of Parks and Recreation Trust Fund Grant from the State of North Carolina, in the amount of $250,000. (Cape Fear River Trail) This is a 50-50 matching grant thus requiring to the City to a $250,000 cash match over a two-year period. We have proposed $125,000 allocation for this project in the FY 2000 budget and will also recommend $125,000 in the FY 2001 budget. If during the FY 2000 budget funds were to become available, we would recommend we provide the matching portion when available. We recommend that this grant be accepted and construction design and development begin in the near future. F. Approve acquisition of 26 acres of land for park space. (Lafayette Village) G. Approve the following traffic matters in Annexation Area 3B, effective June 30, 1999: 1. Adopt ordinances amending Chapter 20, Motor Vehicles and Traffic, for stop and yield control. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 6 - STOP INTERSECTIONS. ORDINANCE NO. NS1999-012. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 14 - YIELD RIGHT-OF-WAY. ORDINANCE NO. NS1999-013. 2. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, for no parking on Sandalwood Drive, Duke Drive, and Hope Mills Road. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 11 - PARKING PROHIBITED AT ALL TIMES. ORDINANCE NO. NS1999-014. 3. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, for 25 miles per hour school zone speed limit on Hope Mills Road for J.W. Coon Elementary School from 7:30 a.m. to 8:30 a.m. and 1:45 p.m. to 2:45 p.m. on school days only. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 18 - 25 MILES PER HOUR SCHOOL ZONE SPEED LIMIT. ORDINANCE NO. NS1999-015. 4. Pulled for discussion by Councilmember Kendrick. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1999. H. Approve the following financial matters: 1. Capital Project Ordinance Amendment 99-8 (Appropriation of Interest Income for the 1996 General Obligation Public Improvement Bond Issue) This ordinance amendment will formally appropriate $525,000 in additional investment income associated with the 1996 General Obligation Public Improvements Bond Issue ($13,800,000). These funds will be used for street, sidewalk, and drainage improvement projects associated with the bond issue. 2. Capital Project Ordinance Amendment 99-9 (Downtown Revitalization) On December 7, 1998, City Council adopted a resolution approving an agreement between the City of Fayetteville and the Airborne and Special Operations Museum Foundation. The two main components of the agreement consisted of a $3,000,000 grant and a $4,500,000 loan to the foundation. This ordinance will formally authorize the appropriation for this agreement in the Downtown Revitalization capital project budget. The source of funds for this amendment is a Public Works Commission interfund transfer. 3. Capital Project Ordinance Amendment 99-10 (Police Administration Building and other Police projects) On December 21, 1998, and June 7, 1999, City Council approved reimbursement resolutions authorizing installment payment revenue bond proceeds from the Police Administration Building to be used for acquisition of the Cross Creek parking lot and Dick Street parking lot reconstruction. This ordinance amendment will formally include the budget for these two projects with the Police Administration Building project and also appropriate $264,875 in additional investment income. Any remaining funds after completion of these projects will be used for other miscellaneous police projects. 4. Capital Project Ordinance Amendment 99-11 (Cliffdale Recreation Center). This ordinance amendment is necessary to appropriate $60,744 in investment income and reduce capital lease proceeds by $169,744; thereby, reducing total funding for the project by $109,000. This project is projected to have excess funds available at completion. The estimated completion date for the Cliffdale Recreation Center is June 25, 1999. The excess funds from this project will be used to fund a projected deficit in the Myers Recreation Center project budget. 5. Capital Project Ordinance Amendment 99-12 (Myers Recreation Center). This ordinance amendment is necessary to appropriate $54,227 in investment income and increase capital lease proceeds by $54,773; thereby, increasing total funding for the project by $109,000. The scope of the project was increased to include the enclosure of a 1,500 square foot area. The enclosure was necessary to eliminate a potential safety hazard. The enclosed area includes a multi-purpose activity room, storage/office area and concrete patio. The cost of the addition was approximately $125,000; however, only $109,000 will be transferred from the Cliffdale Recreation Center project budget. The difference will be absorbed within the existing Myers Recreation Center project budget. The anticipated completion date for the Myers Recreation Center is July 7, 1999. 6. Capital Project Ordinance Amendment 99-13 (Appropriation of Interest Income for the 1996 Two-thirds General Obligation Street Improvements Bond Issue) This ordinance amendment will formally appropriate $86,721 in additional investment income associated with the 1996 Two-thirds General Obligation Public Improvements Bond Issue ($2,770,000). These funds will be used for street improvements in the Phase 2 annexation area. 7. Capital Project Ordinance Amendment 99-14 (FTA X158 Transit Capital Grant) 8. Special Revenue Fund Project Ordinance Amendment 99-7 (FTA X158 Transit Capital Grant) These ordinance amendments are necessary to transfer Transit capital grant funds ($17,397) from the Transit Capital Project Fund to the Transit Special Revenue Fund. This transfer is necessary since the City will not record these expenditures as fixed assets on the financial statements. These funds will be used to paint Transit's contingency fleet buses. The total amount of Transit grant funds remains unchanged as a result of these amendments. 9. This item was pulled for discussion. 10. Special Revenue Fund Project Ordinance Partial Close-out 99-5 (Transit Preventative Maintenance Grant for FY1998/99) On October 5, 1998, City Council approved Special Revenue Ordinance 99-2, which included $650,000 in preventative maintenance funds for Transit. The source of funding for the preventative maintenance budget consisted of federal ($520,000), state ($65,000) and local ($65,000) funds. Due to the nature of these expenditures (routine maintenance costs associated with operating the Transit system), the costs should be reflected in the Transit Operating Fund. The fiscal year 1998/99 final budget ordinance amendment adopted by City Council on June 7, 1999, reflected this change in the Transit Operating Fund. This partial close-out will complete this accounting change and remove the budget from the Transit Special Revenue Project Fund. The total amount of Transit grant funds remains unchanged as a result of this partial close-out. I. Adopt PWC 1998-99 Budget Amendment. J. Approve award of contract for purchase of Water and Wastewater Chemicals to various suppliers, low evaluated bids. Awards were made as follows: Prilliman Chemical (Suffolk, VA) Caustic Soda, 25% $31,658.75 Liquid Chlorine $29,330.40 Powdered Activated Carbon $31,200.00 Jones Chemical (Charlotte, NC) Sodium Hypochlorite $154,800.00 Caustic Soda, 50% $85,625.00 Koch Sulfur Products (Wilmington, NC) Liquid Aluminum Sulfate $221,487.50 Kaiser (Mulberry, FL) Flourosilicic Acid $20,475.00 Global Stone Chemstone Hydrated Lime $48,720.00 Carus Corporation (Peru, IL) Corrosion Inhibitor $75,600.00 K. Approve award of contract for purchase of 50,000 feet of 1/0 ALCN EPR 25KV, 1/C Cable to Rigby Electric Supply Co., Inc., low evaluated bid in the amount of $59,450. (PWC) Bids were received as follows: Rigby Electric (Rocky Mount, NC) $59,450.00 Scott-Parish (Wake Forest, NC) $61,580.50 Power Supply (Matthews, NC) $61,680.00 Westinghouse Electric Supply (Raleigh, NC) $61,950.00 L. This item was pulled for discussion. H. Approve the following financial matters: 9. Capital Project Ordinance 99-16 (Preliminary Engineering Costs for the 3B Annexation Area). M. Consideration of approval of list for street lighting improvements. This item, Item 6, was removed by Councilmember Kendrick and placed on the consent agenda with the recommendation it be referred to the Transportation Committee. L. Adopt resolution authorizing condemnation of sanitary sewer easement for water and sewer services to the I95/NC 59 interchange. (PWC) RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF CHARLES L. HORNER AND WIFE, CHUNG AEK HORNER, JACK HORNER AND WIFE, SANDY HORNER, AND JANICE H. MELTON AND HUSBAND, LEONARD B. MELTON, III. RESOLUTION NO. R1999-043. MOTION: Mayor Pro Tem McBryde moved to approve Items 2.H.9 and 2.L. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Kizer abstaining and Councilmember Smith excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. B. Adopt amendment to correct a typographical error in Section 14-30 of the Fayetteville City Code. This item was pulled by Councilmember Kendrick. Councilmember Kendrick inquired if this item involved wheel locks. City Attorney Robert Cogswell stated it did not. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 14-30, NOTICE TO ABATE, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1999-008. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Smith excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1999. G. Approve the following traffic matter in Annexation Area 3B, effective June 30, 1999. 4. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, for 25 miles per hour speed limit in Gallup Acres Subdivision. Councilmember Kendrick pulled this item for clarification. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL. ORDINANCE NO. NS1999-016. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Smith excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. 3. PUBLIC HEARINGS: A. Consideration of Fiscal Year 1999-00 Annual Budget. Mayor Dawkins announced there would be a 3-minute limit per speaker during the public hearing. This is the advertised public hearing set for this date and time. The public hearing opened at 7:15 p.m. Dr. William Brown appeared on behalf of Big Brothers and Big Sisters and requested funding for the organization. Ms. Susan Hyatt, 119 Hillside Avenue, Fayetteville, NC, requested funding for the Fayetteville Partnership. Ms. Hyatt stated downtown was at a critical point and the tax revenues and property values were increasing. Mr. Eric Lindstrom, 240 Hay Street, Fayetteville, NC, stated he wanted to make Fayetteville a better place. He requested funding for the Arts Council and Fayetteville Partnership in order to improve the quality of life in the City of Fayetteville. Mr. Christian Davis, 910 Faison Avenue, Fayetteville, NC, spoke as Chairman of the Libertarian Party for Cumberland County. Mr. Davis stated his organization did not feel the government should be funding non-profit organizations from taxpayer dollars but should use the funds to protect the citizens through the Fire and Police Departments. Mr. Davis also stated that in future budgets, he hoped the Council would reduce the size and scope of government and eliminate intrusive taxes. Mr. William D. George, 2009 Blackfriars Road, Fayetteville, NC, stated he was opposed to any funding to the Fayetteville Partnership. He stated he had a right to know how his tax dollars were being spent and he suggested using other sources such as political science students. He requested the City Attorney look into the matter of how tax dollars are spent. Mayor Dawkins requested that Mr. Stancil comment on the City auditors' interaction with outside agencies. Mr. Stancil stated the internal auditors would do a comprehensive audit back to 1996 on Fayetteville Partnership and assist them in developing procedures that come as a result of the audit. Mr. Stancil stated the City and County will audit all outside agencies and help them manage their dollars better. He stated this would be done before any contracts for services were brought to the Council for approval. Mr. Stancil said if the appropriation was approved, that did not mean the contract was approved and no monies would be spent until the contract had been officially approved. Mr. David R. Hall, 203 Mike Street, Fayetteville, NC, stated the government had two legitimate functions, with the first being to protect the natural right of its citizens from fraud and misuse of tax dollars, and second to protect the general welfare of the community through public safety. Mr. Hall requested the Council make public safety the top priority and fund the Police and Fire pay increases by reducing the monies allocated to non-profit agencies, the Parking Fund, and the Transit Fund. Mr. Ron Kirby, 112 N. Churchill Drive, Fayetteville, NC, appeared in favor of a fair and equitable pay plan for the Fayetteville Police Department. Mr. Randall S. Bartay, 1437 Blairwood Drive, Fayetteville, NC, appeared as President of the Fayetteville Police Association and requested the Council support for the pay plan for the Fayetteville Police Department as well as the overall plan for all employees. Mr. Bartay stated the plan was needed this year. Ms. Lois Kirby, 112 N. Churchill Drive, Fayetteville, NC, appeared as a police officer's wife and requested the Council to support the raise for the Police Department. She also asked the Council to do something with the pay plan. Ms. Kelli Ann Davis, 748 Three Wood Drive, Fayetteville, NC, stated she was for the public safety raises. She suggested non-profits do fund-raisers and to cut the $600,000 from the non-profits and put it towards the Police and Fire pay and let the citizens decide the organizations they wanted to support. Mr. Larry Barner, 337 Rhew Street, Fayetteville, NC, stated the City needed to prepare for a recession and cut the tax rate by two cents. Mr. Barner recommended a metro police force, that non-profit organizations be subject to an audit for the last three years to be eligible for tax dollars to include all disbursements and all records. Mr. Barner stated there should be a statement from a CPA that the funds had been properly spent. He called for the resignation of the director of Fayetteville Partnership. Mr. Barner stated streetlights were needed in the Bonnie Doone area. Ms. Renee Brent, 1327 Morganton Road, Fayetteville, NC, appeared on behalf of the Rape Crisis Center and requested funding for the organization. Ms. Dane Clay, 5709 Dartmouth Avenue, Fayetteville, NC, appeared on behalf of Rape Crisis Center and requested funding. Ms. Sharon Hucks, 1545 Mintz Avenue, Fayetteville, NC, appeared on behalf of Rape Crisis Center and requested funding. There being no one further to speak, the public hearing closed at 8:00 p.m. MOTION: Councilmember Fogleman moved to approve the 1999-2000 budget as proposed with the following changes: all employees with one or more years of service will receive a 4 percent increase, while those who exceed job expectations will receive a 4-1/2 to 5 percent raise, and the outside agencies will be funded as approved last week by the Council. SECOND: Councilmember Milligan Mayor Pro Tem McBryde stated that would be with the exception of the public safety, which was at a higher level. Mr. McBryde asked Councilmember Fogleman to accept a friendly amendment to restore Rape Crisis for funding in the amount of $7,000. Councilmembers Fogleman and Milligan responded in the affirmative. Councilmember Cheek asked Councilmember Fogleman if she would accept a friendly amendment to her motion changing it so that the funds that were indicated in the outside agencies budget for Fayetteville Partnership be re-designated to Urban Core Economic Development. Councilmembers Fogleman and Milligan accepted the friendly amendment. Councilmember Worthy stated he felt Fayetteville Partnership should be totally pulled out and set aside until the matter has been settled as to any improprieties or irregularities. Mr. Worthy stated these were public monies accounted and justified to the general public as well as the City Council and he could not support any motion for the budget unless it was pulled out. Mayor Dawkins asked City Manager Roger Stancil to explain what would happen on all outside agencies. City Manager Roger Stancil stated all outside agency contracts would come back before the Council for approval. Mr. Stancil noted one step in this budget would to appropriate funds for outside organizations and the next step would be to come back before the end of September before they are paid with contracts to be approved by the Council. Mr. Stancil stated as he understood Councilmember Cheek's motion, he would not list Fayetteville Partnership in the outside organizations but would list Urban Core Economic Development and then a contract for some other method would come back to Council for approval. Mr. Stancil stated the internal audit conducted by the City and County on Fayetteville Partnership would come back to the Council before any contract was presented for approval. A discussion was held regarding the length of time it had taken for the public safety pay plan to be finalized. Councilmember Williams said he did not know how he could be expected to vote on the budget tonight when changes had just been made that he knew nothing about. Councilmember Talbot requested the motion be restated. Councilmember Fogleman restated her motion. Mr. Stancil stated that 7 percent and 5 percent for the Police and Fire had not changed. The only thing that was changing was the meets expectation percentage which was being changed from 3 percent to 4 percent. Councilmember Talbot stated he did not understand the haste to approve the budget and he felt the Public Safety employees were being slighted. Councilmember Cheek requested the City Manager to review what is included in the Public Safety salaries, and what has been done this year and last year, and what is being proposed in the July 6 presentations. Councilmember Cheek expressed her concern about the pay of the inexperienced Fire Lieutenants, Fire Captains, Police Officers, and Police Sergeants. Mr. Stancil stated his comparison was as of July 1, 1998, at which time all City employees were given 5 to 10 percent increases, depending on their length of service, and if you take what was done last year and what is being proposed this year, you are looking at employees with 5 to 10 years service getting from 10 to 15 percent increases in pay in a little over a year. Mr. Stancil stated if you take a medium based police salary with about 4 years service, the person would be making $24,606. This motion would increase that amount to $27,128. He stated if you took a Police Sergeant at a medium based salary with about 12 years experience, they would be making about $31,094 and with the motion, it would increase to $35,914. Mr. Stancil stated this was not where we needed to be but it was an improvement and none of these figures included the Professional Development Pay Plan, which would be presented on July 6. Mr. Stancil stated the proposed plan would roll money into the base pay that would reward Police Officers for their time, experience, and their training and certifications. An officer would be able to look at this plan and know what he would be making eight years from now. Mr. Stancil stated he wanted to implement a pay plan that could be advanced each year to keep up with the market salaries. Mr. Stancil noted a plan needed to be developed by the Council which would determine their goals for pay and how it would be financed. Mayor Pro Tem McBryde inquired whether the Development Plan would be retroactive to January 1, 1999. Mr. Stancil stated in the affirmative and the monies appropriated in last year's budget would be available and the employees would get what they would have gotten if it had been implemented in January. Councilmember Kendrick inquired when the plan presented on July 6 would be implemented. Mr. Stancil stated it would be done as soon as the pay changes could be determined and it would possibly be within 30 to 60 days. Mr. Stancil stated he would let them know when he made his presentation when it could be implemented. Councilmember Williams stated the money is there to pay the Police and the real problem is inadequate prioritizing of the budget and that would be the reason he would vote against the budget. Councilmember Talbot stated that the rank and file employees feel they have not been consulted. Mr. Stancil stated he had tried to work with everybody. VOTE: Passed by a vote of 10 in favor to 1 in opposition (Councilmember Williams) (Councilmember Smith excused) City Manager Roger Stancil recommended that the Council approve the 1999-2000 Budget Ordinance, setting the general tax rate at 51 cents and the Central Business Tax District at 10 cents. MOTION: Councilmember Fogleman moved to approve the 1999-2000 Budget Ordinance with the tax rates set out by Mr. Stancil. SECOND: Mayor Pro Tem McBryde VOTE: Passed by a vote of 10 in favor to 1 in opposition (Councilmember Williams) (Councilmember Smith excused) MOTION: Councilmember Cheek moved to direct the City Manager to set up a provisional allocation for the purchase of park land of $250,000 with the intent that the Council can visit the issue in April 2000 and appropriate the monies if the funds are available. SECOND: Councilmember Kendrick VOTE: Passed by a vote of 10 in favor to 1 in opposition (Councilmember Williams) (Councilmember Smith excused) MOTION: Councilmember Worthy moved to refer to the Policy Committee future allocations for non-profit agencies. SECOND: Councilmember Kendrick Councilmember Milligan asked for clarification. Councilmember Worthy stated there had been some discussion on whether to fund social organizations and also whether to do away with non-profit organizations, therefore he felt it should be discussed in the Policy Committee. Councilmember Massey requested that information be gotten from the Institute of Government to give the City some leeway in information before the Policy Committee made any decisions on this subject. Councilmember Kendrick stated this should be an ongoing process and the issue should be resolved before next year's budget process. VOTE: UNANIMOUS (Councilmember Smith excused) 4. Consideration of authorizing City Manager to negotiate and execute an amendment to the commercial solid waste franchise to add roll-out containers. City Manager Roger Stancil presented this item. Mr. Stancil requested the Council authorize him to negotiate and execute a franchise agreement with Waste Management, which would transfer all commercial solid waste collection and would address iniquities in the current system. Mr. Stancil stated the change would require a 60-day notice and the monthly rate would be $10.50 per month per customer. MOTION: Mayor Pro Tem McBryde moved to approve the authorization as requested. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Smith excused) 5. Consideration of adoption of resolution requesting N.C. DOT to assume maintenance of Russell Street (from Gillespie Street to Robeson Street). RESOLUTION AUTHORIZING THE TRANSFER OF MAINTENANCE RESPONSIBILITY. RESOLUTION NO. R1999-044. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Smith excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 6. Consideration of approval of list for streetlighting improvements. This item was moved to become Item 2.M. on the consent agenda and was referred to the Transportation Committee. 7. Consideration of amendment to Interlocal Agreement with Cumberland County regarding addressing and transportation MPO activities. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal pointed out the amendments to the agreement. MOTION: Councilmember Kizer moved to approve the amendment. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Smith excused) 8. Consideration of amendment to Section 20-148 and Section 20-236 of the Fayetteville City Code pertaining to civil penalties: A. Increase the penalty from $1.00 to $5.00 for overtime parking in city-owned parking lots. (Section 20-148) City Manager Roger Stancil recommended approval of increasing the penalty from $1 to $5 for overtime parking in City-owned parking lots. Mr. Stancil noted this would make parking fines consistent for both the off-street parking and the parking lots. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 20-148, OVERTIME AND ILLEGAL PARKING, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1999-009. MOTION: Councilmember Milligan moved to approve Item 8.A. SECOND: Councilmember Fogleman Councilmember Kendrick stated he did not feel this was enough of a penalty. VOTE: UNANIMOUS (Councilmember Smith excused) B. Establish a $25.00 late payment penalty for parking fines not paid within 30 days from the date of violation. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 20-236, CIVIL PENALTIES, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1999-010. MOTION: Councilmember Talbot moved to approve Item 8.B. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Smith excused) Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book S1999. C. Adopt amendment to Section 20-236(f) to require payment of penalties within 72 hours. MOTION: Councilmember Kendrick moved to approve Item 8.C. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Smith excused) 9. Consideration of amendment to Chapter 20, Motor Vehicles and Traffic, for one-hour on street parking on Hay Street between Ray Avenue and Market House, effective July 2, 1999. City Manager Roger Stancil presented this item. Mr. Stancil reviewed the areas which would be effected by the one-hour on-street parking and recommended approval of the ordinance. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NUMBER 13-A -. PARKING-ONE-HOUR ZONES. ORDINANCE NO. NS1999-017. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES-TRAFFIC SCHEDULE NUMBER 10 - TWENTY-MINUTE LOADING ZONE. ORDINANCE NO. NS1999-018. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. - TRAFFIC SCHEDULE NUMBER 11 - PARKING PROHIBITED AT ALL TIMES. ORDINANCE NO. NS1999-019. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCE - PARKING SCHEDULE NUMBER 11 - PARKING PROHIBITED AT ALL TIMES. ORDINANCE NO. NS1999-020. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Smith excused) Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1999. 10. Report from Policy Committee. A. Discussion of acceptance of private streets for City maintenance. Mayor Pro Tem McBryde presented this item. He recommended accepting the private streets in Autumn Chase Subdivision, subject to the dedication of rights-of-way. MOTION: Councilmember Kendrick moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Smith excused) Councilmember Haire inquired if this acceptance of streets was just for Autumn Chase. Mayor Pro Tem McBryde stated this was done because half of the streets had already been accepted for maintenance. Councilmember Haire inquired what could be done to get other private streets maintained. Mayor Pro Tem McBryde stated the policy applied to all streets and the Policy Committee had recommended deviating from the policy in this case and he guessed other streets could be brought before the Policy Committee for consideration also. City Attorney Robert Cogswell reviewed the history of private street acceptance. B. Review of all boards and commissions. Mayor Pro Tem McBryde reported that the Committee would meet with the Chairs of the Boards and Commissions on July 13, 1999. 11. Report from Transportation Committee. A. Discussion of proposed Sycamore Dairy Road/Legend Avenue improvements. Councilmember Kendrick presented this item. Mr. Kendrick reported the Transportation Committee was recommending the North Carolina Department of Transportation, the City, and property owners devise a plan for sharing the cost of this project and report back to the Committee in 30 days. B. Review of the design of the proposed Bunce Road Median. Councilmember Kendrick stated that a report of this design plan was reflected in the Transportation Committee minutes of June 11, 1999, and no action was required on this item. C. Report on Traffic Study on Bragg Boulevard with the intersections of Filter Plant Drive and Ames Street. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC SIGNAL AT THE INTERSECTION OF BRAGG BOULEVARD AND AMES STREET AND A CONCRETE MEDIAN ON BRAGG BOULEVARD AT FILTER PLANT DRIVE. RESOLUTION NO. R1999-045. MOTION: Councilmember Kendrick moved to adopt resolution requesting North Carolina Department of Transportation to install a traffic light at Bragg Boulevard and Ames Street. SECOND: Councilmember Talbot VOTE: UNANIMOUS (Councilmember Smith excused) Mr. Kumar Nepalli, City Traffic Engineer, reported that a concrete median would be installed at the intersection of Filter Plant Road and Bragg Boulevard which would force traffic to use the traffic signal at Ames Street. D. Discussion of traffic improvements at the intersection of Winding Creek Road and Brigadoon Drive/driveway to the Hillcrest Middle School. Councilmember Kendrick reported that the staff will report back to the Council at the next meeting with recommendations to reduce the speeding problems in the area. E. Discussion of traffic improvements on Blanton Road. Councilmember Kendrick reported that the staff did not recommend widening Blanton Road but there was a possibility of widening the street when it was opened all the way to Bragg Boulevard. Councilmember Cheek stated there would be neighborhood hearings before anything would be done to Blanton Road. F. Discussion of photo enforcement of red light violations. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IN OPPOSITION TO CREDITING COUNTY SCHOOL FUNDS WITH CIVIL PENALITIES ASSESSED PURSUANT TO SAFE LIGHT LEGISLATION. RESOLUTION NO. R1999-046. City Attorney Robert Cogswell stated the resolution needed to be adopted opposing crediting County School funds with civil penalties assessed pursuant to Safe Light legislation. He reported that Representative Bill Hurley stated this issue looked okay for this session but Senate Bill 272 was still in the Finance Committee of the Senate and no one could predict what could happen in the future. MOTION: Councilmember Kendrick moved to adopt the resolution and forward it to the North Carolina Senate. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Smith excused) Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1999. 12. Consideration of setting agenda for special joint meeting with Cumberland County Board of Commissioners scheduled for Monday, July 12, 1999, 7:00 p.m., Arts Center, Hay Street. City Manager Roger Stancil presented this item and recommended an agenda for the joint meeting with the County Commissioners for the Council's approval. Mr. Stancil recommended setting the meeting for July 12, 1999. MOTION: Councilmember Worthy moved to approve the recommended agenda. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Smith excused) A discussion was held regarding the format of the GIS presentation, the need for joint discussion regarding what would be done with garbage in the future, the need for recycling centers, and the Transit issue. 13. Consideration of canceling the June 28 Information Meeting. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Smith excused) 14. Discussion of the possibility of the City installing natural gas lines in Area 3B. (Requested by Councilmember Mark Kendrick) Councilmember Kendrick requested that while this project is in the planning stage, he would like to request the City to look into the possibility of installing natural gas lines. MOTION: Councilmember Kendrick moved to send this to the City staff for study. SECOND: Councilmember Talbot Councilmember Haire inquired what was the City's jurisdiction in regards to natural gas installation. Mr. Stancil stated it was not within the City Council's purview to make decisions about extending natural gas anywhere. Mr. Stancil stated that a request had been made when Cottonade was being planned and North Carolina Natural Gas stated they were not interested. Mr. Stancil stated he was looking for revenues and maybe this was a business the City might consider going into. VOTE: UNANIMOUS (Councilmember Smith excused) 15. APPOINTMENTS: A. Airport Commission - election of nominees to fill three vacancies. Councilmember Worthy requested to withdraw his nomination of Ms. Juanita Pilgrim, due to her attendance record. He nominated Ms. Naomi Hurst. The following appointments were made: 1. Michael G. Lallier was appointed to a first term. 2. Charles E. Koonce was appointed to a first term. 3. Naomi Hurst was appointed to a first term. Councilmember Milligan inquired if there was anything that could be done about the ex-officio absences. Mayor Pro Tem McBryde stated they could be encouraged to come but he did not think you could force the issue. Councilmember Massey stated a designee could be appointed. Councilmember Kendrick stated the position was chosen and not the person. He stated there was no continuity when a designee was used. B. Human Relations Commission - election of nominees to fill four vacancies. The following appointments were made: 1. Lauren M. Cook Burgess was appointed to a first term. 2. Ann Groninger was appointed to a second term. 3. Fred Khavari was appointed to a first term. 4. Joyce Malone was appointed to a second term. C. Public Works Commission - election of nominee to fill one vacancy. Mr. Robert W. (Sandy) Saunders was appointed to a second term. D. Public Works Commission Retirement Board - election of nominee to fill one vacancy. Mr. John L. Blackwell was appointed to his first term as an accountant. E. Storm Water Advisory - election of nominee to fill one vacancy. Nominations need to fill one additional vacancy. Councilmember Kendrick nominated Ms. Barbara Baker. The following appointments were made: Barbara Baker was appointed to a first-year term and Mr. Walter Moorman was appointed to a first-year term. 16. ADMINISTRATIVE REPORTS A. Report on Annexation Lessons Learned. Mr. Mick Noland, Chairman, PWC, presented this item. Mr. Noland introduced Mr. Jeff Berkhardt of Construction Dynamics Group, the program and construction management firm that will be overseeing the new annexation project. Mr. Berkhardt gave background information on his organization and stated his firm would be an extension of the City staff. He stated a master program schedule had been created and a written report would be submitted to the Council on a monthly basis and his firm would be involved on a daily basis with document control, change requests, and the monitoring of the construction. A discussion was held regarding a master traffic management plan that would ensure access to the neighborhoods, the use of trench patching, and the separate paving contracts, which would be overseen by the City of Fayetteville. Councilmember Kendrick inquired about the tractability of the project. Mr. Beckhardt reported there would be a hotline through customer service at PWC and all complaints would be forwarded to their office. He stated 17 standard questions had been prepared for handling by PWC customer service department as well as a 24-hour call and log-in system which would be tracking the complaints on a daily basis. He also stated a Human Relations specialist had been hired to work on this project. 17. Consideration of purchase of property for Village Drive Drainage property: northwest corner of Village Drive and Ireland Drive intersection, Mrs. Georgette Leffew, owner. City Attorney Robert Cogswell recommended purchasing this property for the amount of $14,000. Mr. Cogswell stated it was necessary to purchase the entire lot for the Village Drive drainage project. MOTION: Councilmember Kendrick moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Smith excused) INFORMATION ITEMS: 1. Report on tax refunds less than $100. Name Year Basis City Refund Daughtry, Tommy W. & Sandra G. 1998 Value Adjusted Incorrectly $6.44 Robins, Maurice 1997 Military non-resident 49.35 Total $55.79 2. Monthly statement of taxes collected for the month of May 1999, from the Cumberland County Tax Administrator. 1998 Taxes $224,872.6 1998 Vehicle Taxes 188,768.27 1998 Revit 259.32 1998 Vehicle Revit 275.48 1998 FVT 23,602.37 1998 Storm Water 20,158.17 1997 Taxes 14,486.83 1997 Vehicle Taxes 3,011.31 1997 Revit 43.10 1997 Vehicle Revit 0.00 1997 FVT 523.69 1997 Storm Water 1,574.96 1996 Taxes 5,053.89 1996 Vehicle Taxes 235.63 1996 Revit 77.80 1996 Vehicle Revit 0.00 1996 FVT 25.00 1996 Storm Water 669.87 1995 Taxes 2,603.83 1995 Vehicle Taxes 33.12 1995 Revit 19.04 1995 Vehicle Revit 0.00 1995 FVT 10.00 1995 Storm Water 315.28 1994 & Prior Taxes 1,847.57 1994 & Prior Vehicle Taxes 117.12 1994 & Prior Revit 29.37 1994 & Prior Vehicle Revit 0.00 1994 & Prior FVT 45.00 Interest 19,096.27 Interest (Revit) 61.92 Interest (Storm Water) 1,545.28 Fayetteville Discount (0.46) Revit. Discount (0.00) Total Collections $509,361.72 3. Report on results of auction of properties. # # Annual Tax Buyers Bids Parcels Price City County Tax Revenue to Closed forfeited sold Sold $ Share $ Share $ Value $ City 11 1 37 $31,550 $24,877 $6,673 $151,892 539.22 4. Notice of public hearing for U.S. Department of Transportation re-certification process. 5. Notice of panel discussion on transportation from Easter Seals of North Carolina. 6. Copy of status report on Phase II, IIIA & IIIB Annexation projects. 7. Redevelopment Commission - minutes of May 12, 1999. 8. PWC - minutes of May 26, 1999. 9. FACVB - minutes of May 13, 1999. 10. Planning Department Monthly Report for May 1999. MOTION: Mayor Pro Tem McBryde moved to adjourn. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Smith excused) The meeting adjourned at 10:25 p.m. REGULAR MEETING JULY 6, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JULY 6, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8) Absent: Suzan K. Cheek (District 5) J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Victor Sharpe, Planning Services Manager Robert Barefoot, Chief Operating Officer, Recreation/Community Facilities Frank Simpson, Inspections Director Janet Jones, City Clerk Lisa Smith, Chief Financial Officer Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend James Chung, of the Fayetteville Korean Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Postmaster Darryl K. Myers presented Mayor Dawkins with a "prostrate awareness stamp" on behalf of the Fayetteville Postal Office. Mayor Dawkins presented Mr. John R. White, Executive Director of Seniors Call To Action Team, and Dr. Jeff Brooks, Fayetteville State University, with a proclamation recognizing Fayetteville as a Host City for the 4th Annual Summer Symposium on Aging from July 21 to July 23, 1999. 1. APPROVAL OF AGENDA MOTION: Mayor Pro Tem McBryde moved to excuse Councilmembers Cheek and Smith. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmembers Cheek and Smith excused) City Manager Roger Stancil requested to add Item 2.G, refer to Policy Committee the eligibility for re-election of "founding" Planning Board members who have served three years, to the agenda. City Attorney Robert Cogswell suggested that it be made generic and not just the Planning Commission. Mayor Pro Tem McBryde inquired if Item 9.A, nominations for Planning Commission, should be pulled if this went to the Planning Commission. City Attorney Robert Cogswell stated it could be made subject to whatever the Policy Committee does. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the addition of Item 2.G and to pull the nominations in 9.A, if referred to the Policy Committee. SECOND: Councilmember Fogleman Councilmember Worthy expressed his objection to changing the terms of the Planning Commission because it would be unfair. A discussion was held regarding how current policy affects term lengths and the fact it does not cover the situation when there is a 1-year term. VOTE: Passed by a vote of 6 in favor (Councilmembers Fogleman, Kendrick, McBryde, Kizer, Milligan, and Mayor Dawkins casting the tie breaking vote) to 5 in opposition (Councilmembers Worthy, Talbot, Williams, Massey, and Haire) (Councilmembers Cheek and Smith excused) 2. CONSENT: MOTION: Councilmember Worthy moved to approve the consent agenda with the exception of Item 2.G. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmembers Cheek and Smith excused) The following items were approved. A. Approve minutes of regular meeting of May 24, 1999. B. Approve minutes of regular meeting of June 7, 1999. C. Adopt a Resolution pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Bill-Riddle Property - Ramsey Street Shopping Center - located on the Western Side of Ramsey Street and South of McArthur Road). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA. RESOLUTION NO. R1999-047. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. D. (P99-20F) Approve the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located at 1117 Berkshire Road. Containing .53 acres more or less and being the property of Denis & Patricia Gibbs as evidenced by deed recorded in Deed Book 3965, Page 548, Cumberland County Registry. E. Approve Utility Easement between City of Fayetteville and Wal Mart Stores East, Inc., for installation of an electric circuit crossing Wal Mart Stores property on the east side of US 401 Bypass adjacent to 84 Lumber Company. (PWC) F. Adopt resolution authorizing condemnation to acquire property of Branch Banking & Trust Company, Trustee for Jeanette S. Pittman, to provide off-street parking in the downtown Fayetteville area. (PWC) A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF BRANCH BANKING AND TRUST COMPANY TRUSTEE FOR JEANETTE S. PITTMAN UNDER A TRUST AGREEMENT ESTABLISHED DECEMBER 2, 1966. RESOLUTION NO. R1999-048. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. G. Pulled for discussion. G. Refer to Policy Committee the eligibility for re-election of "founding" Planning Board members who have served three years to the agenda. Councilmember Worthy stated that a precedent was being set which would create preferential treatment to members serving on committees and he could not support it. Councilmember Massey stated it was an attempt to try to create an internal infrastructure and he could not support it. Mayor Pro Tem McBryde stated it was not exclusionary and would apply to all commissions. Councilmember Worthy stated it excluded three citizens from serving because when three retire, more would come. Councilmember Kizer stated he did not think the policy needed to be changed, and if term limits were to be discussed, a look needed to be taken at the Council. Mayor Dawkins called for a motion in order to continue the discussion. No motion was made and the discussion ceased. 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce the speed limit to 25 miles per hour for the following streets in the Fairfield Farms Subdivision: Fulham Road from St. Thomas to W. Summerchase Drive; St. Thomas Road from W. Summerchase Drive to its end; W. Summerchase Drive from Ramsey Street to its end; Walworth Road from St. Thomas Road to W. Summerchase Drive. City Manager Roger Stancil presented this item. 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 7:27 p.m. MOTION: Councilmember Haire moved to approve. SECOND: Councilmember Talbot VOTE: UNANIMOUS (Councilmembers Cheek and Smith excused) AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1999-021. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. B. (P99-24F) Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, and Chapter 33, Zoning & Planning Agencies, for the purpose of designating the duties of the Board of Adjustment to another Planning Agency or City Council. Mr. Jimmy Teal, Chief Planning Officer, presented this item. He noted the Planning Commission recommended denial. Mr. Teal requested that if the Council approve this item that it be effective on August 1, 1999. This is the advertised public hearing set for this date and time. The public hearing opened at 7:29 p.m. Mr. J. Wayne Riggins, 122 Hillside Street, Fayetteville, NC, appeared in favor of the recommendation that the Board of Adjustments be disbanded. There was no one further to speak and the public hearing closed at 7:34 p.m. MOTION: Councilmember Milligan moved to continue this item until July 19, 1999. SECOND: Councilmember Kizer Councilmembers Talbot, Worthy, and Williams expressed their opposition to the motion. Councilmembers Kizer and Fogleman expressed their support for the motion. VOTE: Passed by a vote of 6 in favor (Councilmember McBryde, Kendrick, Fogleman, Kizer, and Milligan with Mayor Dawkins casting the tie-breaking vote) to 5 in opposition (Councilmembers Worthy, Talbot, Williams, Massey, and Haire) (Councilmembers Cheek and Smith excused) 4. Presentation on Public Safety Professional Development Plans. City Manager Roger Stancil and Major Phil Cannady presented the Professional Development Plan for the Police Department, noting the goals, objectives, processes and scope of the plan. The Development Plan was explained in detail with the compensation set out as follows: Compensation Pay increases: 1. Ranges, base salary (8% over FY 98-99) 2. Fixed, trainee to officer ($1,000) 3. Fixed, development levels ($500 each) 4. Performance pay (set annually) All new increases into base pay Education incentive into base pay Longevity, assignment pays continue Mr. Stancil noted that the minimum update had been modified and it had been increased from 7 to 8 percent. Mr. Stancil stated the plan would be effective with the August 6 paycheck and because retroactive pay was difficult to determine, he recommended that the money that had been set aside be given as a bonus. The money in the Police Department would be divided up among all sworn personnel through the rank of major, who were employed as of June 30, 1999, with each person getting a share of that money. Deputy Fire Chief James Hall presented the Professional Development Plan for the Fire Department. He explained the Development Plan to include the ranks and levels in detail with the compensation set out as follows: Compensation Pay increases: 1. Ranges, base salary (8% over FY 98-99) 2. Fixed, trainee to Fire Fighter ($1,000) 3. Fixed, Fire Fighter levels ($500, $750, and $750) 4. Fixed, Lieutenant II and Captain II ($750) 5. Performance pay (set annually) All increases into base pay Longevity, revised assignment pays Mr. Stancil noted that the minimum update to starting salaries had also been increased from 7 to 8 percent and the effective date would also be August 6, 1999. Mr. Stancil stated the bonus for the Fire Department would be divided between all uniform shift employees, all training division employees, and all Fire Prevention employees, as of June 30 through the rank of Battalion Commander and each person would receive an equal share of the money budgeted last year. Mr. Stancil concluded his presentation by stating that this professional development plan targeted retention and recruitment, rewarded significant and achievable development, provided a personal development and compensation road map and enhanced base pay. Mr. Stancil further stated it contributed to the multi-year goal of bringing base pay to market levels and was a significant step in the ongoing process to improve pay. A discussion was held regarding rank and file employees, union input into this plan, and the availability of the courses required for advancement. MOTION: Mayor Pro Tem McBryde moved to adopt the plan with the changes included in this presentation. SECOND: Councilmember Kendrick Further discussion was held with Councilmember Williams expressing his opposition to the plan's failure to bring the Police Department up to the Cumberland County Sheriff's Department level. Councilmember Kizer stated that it was also important to have well-trained employees in other departments and in other functions. VOTE: Passed by a vote of 9 in favor (Councilmembers McBryde, Kendrick, Worthy, Talbot, Kizer, Fogleman, Milligan, Massey, and Haire) to 1 in opposition (Councilmember Williams) (Councilmembers Cheek and Smith excused) A copy of the entire public safety professional development plan can be found in the Human Resources Department. 5. Consideration of amendment to Section 20-148(b) and Section 20-236(b)(2) of the Fayetteville City Code to increase the penalty from $1.00 to $5.00 for each hour after the first hour the vehicle remains in violation. City Manager Roger Stancil presented this item. Mr. Stancil stated the ordinance amendment would increase the parking penalty from $1 to $5 for each hour after the first hour the vehicle remains in violation. MOTION: Councilmember Kizer moved to approve. SECOND: Councilmember Fogleman Mr. Cogswell pointed out that the $5 penalty would apply to all other violations also. A discussion was held regarding the pros and cons of increasing the penalty versus the possible negative effect on bringing more persons downtown. Councilmember Williams suggested issuing a flyer each time a ticket was issued that would show other areas in which to park. Councilmember Haire suggested putting this information on the back of each ticket. SUBSTITUTE MOTION: Councilmember Massey moved to table the issue until other data/options were made available. SECOND: Councilmember Worthy VOTE: Passed by a vote of 6 in favor (Councilmembers Worthy, Talbot, Williams, Massey, Haire, and Mayor Dawkins casting the tie-breaking vote) to 5 in opposition (Councilmembers McBryde, Fogleman, Kendrick, Kizer, and Milligan) (Councilmembers Cheek and Smith excused) 6. Consideration of the following actions regarding the SafeLight Program: A. Adopt ordinance amending Chapter 20 of the Fayetteville City Code of Ordinances, Motor Vehicles and Traffic. AN ORDINANCE AMENDING CHAPTER 20 OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES ENTITLED "MOTOR VEHICLES AND TRAFFIC". ORDINANCE NO. S1999-011. B. Authorize City Manager to negotiate contract for services associated with the Safe Light Program. C. Approve an administrative appeals process. City Manager Roger Stancil presented this item. Mr. Stancil recommended the approval of Items A and B. He stated Item C, dealing with the appeals process, was covered in Item A and required no action. He requested the Council to authorize him to negotiate the contract with Lockheed Martin, IMS. Mr. Stancil stated paragraph 4 of the ordinance needed to be changed to read "Fayetteville Traffic Service Director" instead of "Fayetteville Department of Transportation." MOTION: Councilmember Kendrick moved to approve Items A and B. SECOND: Councilmember Kizer A discussion was held regarding the receipt of funds. Mr. Stancil stated that at this time the funds would remain local and would be used to operate the program. VOTE: UNANIMOUS (Councilmembers Cheek and Smith excused) 7. Report from Joint Committee on Planning Issues. Mayor Pro Tem McBryde presented the following recommendations from the Committee: 1. The City and County should ask the Institute of Government to study our planning processes and make recommendations for comprehensive joint planning. 2. The Action Committee on Public Transportation appointed jointly by the City Council and County Commissioners should be asked to update the two governing bodies at the July 12 joint meeting. The chair of this committee is Matthew Smith. 3. The report of this meeting of the joint committee should be added to the agenda of the joint meeting on July 12. 4. The one stop center for permits is an important goal and should be pursued by the City and County Managers. The GIS demonstration scheduled for the July 12 meeting is a step in this direction. 5. The Mayor should appoint two members of the City Planning Commission to serve with two members of the County Planning Board appointed by the Chair of the County Commissioners to work with staff of the City, the County, PWC, and the school board to analyze the need for future water and sewer extensions, identify resources available for these extensions, and discuss organization structures that would allow the resources to be obtained for the plan. It was decided that the Mayor would appoint one member from the Zoning Commission and one from the Planning Commission. 8. Consideration of withholding the last quarterly payment to the Fayetteville Partnership. (Requested by Councilmember Don Talbot) City Manager Roger Stancil presented this item. Mr. Stancil stated he had received a fax from Fayetteville Partnership stating that due to the uncertainty of the receipt of funds, the Executive Committee had placed all employees on temporary leave without pay, except as needed to assist with the audit being conducted by the City and County. Mr. Stancil assured the Council that he would not process any requests for reimbursements from Fayetteville Partnership until the report/audit had been received and submitted to the Council. A discussion was held concerning lack of compliance by the partnership, the status of the contract, the content/requirements of the contract, and the review process currently being used. MOTION: Councilmember Haire moved to not fund Fayetteville Partnership's last installment. SECOND: Councilmember Worthy City Attorney Robert Cogswell inquired if the motion meant to never pay the money. Councilmember Haire stated he intended for it to be unless there were bills that had been incurred. Mr. Cogswell stated that it was his opinion that was what Mr. Stancil had said and he saw no need for the motion. Councilmember Haire withdrew his motion. 9. APPOINTMENTS: A. Fayetteville City Planning Commission - nominations are needed to fill three vacancies. Mayor Pro Tem McBryde nominated Mr. Jack Phill Justice Jr. Councilmember Kendrick nominated Mr. Michael Middleton. Councilmember Haire nominated Mr. Ed Lampkin. Councilmember Milligan nominated Mr. Jack Cox. Councilmember Massey nominated Mr. Iman Eronomy Muhammed. B. Fayetteville City Zoning Commission - nominations are needed to fill two vacancies. Councilmember Worthy nominated Thomas Council and Loise P. Owen for re-appointment to a second term. C. Taxicab Review Board - nominations are needed to fill three vacancies. Councilmember Worthy nominated Mr. Steve Taylor. Mayor Pro Tem McBryde nominated Mr. David A. Walker, Jr. Councilmember Massey nominated Mr. John Hutchings and Mr. Robert L. McLaurin. 10. ADMINISTRATIVE REPORTS A. Report on City plan for New Years Eve activities. City Manager Roger Stancil stated the City would have all of its resources available that night to be ready for any unknown happening that might occur and the City will not provide any Police service or other service for outside activities that night. B. Report on policy for City employee support of non-profit organizations. Mr. Stancil stated the City for years had supported the United Way and Special Olympics, and he had had requests from other organizations for support. Mr. Stancil stated because the staff felt it diverted resources from the City's Core Mission, the decision had been made by the management team to limit the City's support to the United Way and Special Olympics and the City would not be involved in any other fund drives. He stated the employees could do whatever they wanted to do and support whatever organizations they wanted to support on their own time. C. Mr. Stancil stated the decision had been made that the City will not sponsor the Christmas parade but will be supporting the Veterans Day parade and Santa Claus would be a part of that parade. Mr. Stancil stated the City would support all sponsors of parades but City employees would not be doing parades. 11. Consideration of request for legal representation. City Attorney Robert Cogswell requested the Council to authorize legal representation for two Police Officers and one former Police Officer in the case of Jesse Felan vs. City of Fayetteville, et al. Mr. Cogswell stated the defendants were John Estrada, James Bumblis, and Glen Heard. Mr. Cogswell stated that due to the potential for conflicts of interest, he was recommending the appointment of a separate attorney for each defendant. Mr. Cogswell stated that all defendants complied with the City Code for authorization and he recommended appointing Mr. Steven C. Lawrence as counsel for John Estrada, Mr. James Arnett, Jr., as counsel for Mr. James Bumblis, and Mr. Larry C. McGlothlin as counsel for Mr. Glen Heard, at a rate of $125 per hour. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmembers Cheek and Smith excused) INFORMATION ITEMS: 1. Thank you note from Sharon Kendrick. 2. Draft feasibility study for widening Cliffdale Road from McPherson Church Road to Morganton Road. 3. Notice of pre-hearing open house and a formal public hearing for the Fayetteville Outer Loop from I-95 in Robeson County to east of NC 24 (Bragg Boulevard) in Cumberland County. 4. Copy of letter to NCNG regarding possible gas service to Phase III-B Annexation Area (Gallup Acres, Lafayette Village, and South Hills areas). 5. Approval letter from the NC DOT for additional overhead signage and changeable message signs for Skibo Road. 6. Quarterly update on Y2K. 7. Parks and Recreation Advisory - minutes of May 24, 1999. 8. Professional Standards - monthly report from the office of Professional Standards for May 1999. 9. Airport Commission - minutes of May 25, 1999. MOTION: Councilmember Kendrick moved to adjourn. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmembers Cheek and Smith excused) The meeting adjourned at 9:40 p.m. SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS JULY 12, 1999 FAYETTEVILLE CITY COUNCIL/CUMBERLAND COUNTY BOARD OF COMMISSIONERS SPECIAL JOINT MEETING THE ARTS CENTER 301 HAY STREET JULY 12, 1999 7:00 P.M. Present: J. L. Dawkins, Mayor Councilmembers F. Milo McBryde (At-Large); Anne D. Fogleman (At-Large); James M. Kizer, Jr. (At-Large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Commissioners Thomas B. Bacote, Chairman; Ed Melvin, Vice Chairman (arrived at 7:55 p.m.); Talmage Baggett; J. Breeden Blackwell; Billy R. King; H. Mac Tyson, II; J. Lee Warren, Jr. Absent: Councilmembers Darrell J. Haire (District 4) and Suzan K. Cheek (District 5) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., City Chief Development Officer Jason Brady, City Public Information Officer Cliff Strassenburg, County Manager James Martin, Deputy County Manager Juanita Pilgrim, Assistant County Manager Tonya Harris-Council, County Public Information Officer Marsha Fogle, Clerk to the Board of Commissioners Janet Jones, City Clerk Joseph M. Boyd, Information Systems Director Jerome Brown, Transit Director Grainger Barrett, County Attorney CALL TO ORDER Chairman Bacote called the Board of Commissioners to order and asked for a motion to approve the agenda. MOTION: Commissioner King moved to approve the agenda. SECOND: Chairman Bacote VOTE: UNANIMOUS (Commissioner Melvin absent) Mayor Dawkins called the City Council meeting to order and Councilmember Worthy offered the invocation. MOTION: Councilmember Massey moved to excuse Councilmembers Cheek and Haire. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) MOTION: Councilmember Kizer moved to approve the agenda. SECOND: Mayor Pro Tem McBryde Mayor Pro Tem McBryde stated that Item 5, Report of the City/County Joint Committee, was being submitted in written form for the members to read. VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) Chairman Bacote announced that Commissioner Ed Melvin was attending a meeting and would arrive later. 1. Presentation by our economic development partners concerning their missions, working relationships and future plans--Fayetteville Area Convention and Visitors Bureau, Fayetteville Partnership, and Fayetteville Area Economic Development Corporation. Chairman Bacote inquired if this item would be treated as just information or would action be required. A discussion was held. MOTION: Commissioner Warren moved to accept this report as information. SECOND: Commissioner King VOTE: UNANIMOUS (Commissioner Melvin absent) Chairman Bacote recognized Mr. Doug Traub, President/CEO of the Fayetteville Area Convention and Visitors Bureau; Mr. Harry Whalen, President of the Fayetteville Area Economic Development Corporation; and Mr. John Jones, a Board Member of Fayetteville Partnership, for their presentations. The joint report reviewed the goals and objectives of the organizations, the economic impact of each organization, the mission statements, and operations-marketing strategies and the funding sources. Mr. Doug Traub noted that the Fayetteville Area Convention and Visitors Bureau planned to expand sales department, underwrite golf advertising campaign, launch aggressive publicity campaign, create tourism development plan, initiate community marketing program, establish Sports Commission, build I-95 Visitor Center(s), solicit convention hotel construction, host downtown historic tours, establish film office, and bolster festival sponsorship and promotion. He stated the best means to finance the organization would be to increase county-levied local hotel/motel occupancy tax to 6 percent, supplemented by appropriate federal, state, and local grant awards. Mr. Harry Whalen noted that the Fayetteville Area Economic Development Corporation planned to serve as the front door the community, develop the economy of Cumberland County, generate prospect traffic, motivate community leadership for a positive pro-business climate, build consensus to support the economic development process, and support existing industry expansion. He stated the best means to finance was full participation by all area municipalities with equitable levels of support, expand private level support, and recognize that we need to operate ahead of the curve. Mr. John Jones noted that the Fayetteville Partnership planned to craft a very dynamic marketing campaign using new video, "The Changing Faces of Fayetteville", and other tools; strengthen public education efforts by reaching out into neighborhoods and meeting with employees of industries; become more aggressive in stimulating private sector investment and business recruitment efforts outside of Fayetteville and Cumberland County; begin implementing housing plan for both existing buildings and new construction; increase funds in downtown loan program; establish facade grant program; focus on professional development of Partnership staff; make a concerted effort to coordinate with the City of Fayetteville to provide exceptionally clean and safe environments downtown; and strengthen relationship with partner organizations. He stated the best means to finance would be to continue financial support from the City of Fayetteville and Cumberland County while diligently increasing private sector support annually and expand boundaries of downtown Municipal Service District to include a larger number of property owners for additional tax revenues. 2. Demonstration of the Joint City/County/PWC Community GIS Pilot Project. Mr. Joe Boyd, Fayetteville IS Director, and Mr. John Otto, IS Technician, presented a live demonstration of the Joint City/County/PWC Community GIS Pilot Project. Commissioner Ed Melvin arrived at 7:55 p.m. County Manager Cliff Strassenburg stated that in order to proceed with this program, there needed to be a plan for the development of the organization and management, with it preferably being under one management, infrastructure development, continuous database update/maintenance, funding, confidence and reliability on the system and accessibility. He also noted that there were state grants available and a Joint City/County Application had been made. A discussion was held regarding the time frame for full integration of all systems with Commissioner Blackwell requesting the Board of Education be invited to participate. 3. Report by Fayetteville United and the Fayetteville Human Relations Commission on Study Circles. Ms. Maria Constance, Past Chairman of the Human Relations Commission, gave the history of the Fayetteville study circles, noting the conditions that brought about the formation of the groups, the models used for the study circles, and a review of the Fayetteville study circles. Mrs. Linda Allen, a member of Fayetteville United, presented the following recommendations: Recommendations for Individuals 1. Develop a consciousness, sensibility, and respect toward people of other races. 2. Do an honest self-evaluation to gain personal awareness of negative racial thinking. 3. Choose to associate with people of other races. 4. Participate in groups whose purpose is to promote racial understanding and justice. 5. Volunteer to work with youth of different backgrounds to help children develop positive attitudes about those of different races. Recommendations for Groups 1. Reach out to other organizations with different ethnic make-ups to create partnerships and programs for the purpose of increasing racial understanding (especially places of worship). 2. Continue Study Circles group discussions and process in our City and County. 3. Join together to create a group to monitor progress on improving relations in our City and County. 4. Make a commitment to help improve understanding and communication between and among the different racial/ethnic populations in our area. Recommendations for Institutions 1. Provide diversity training for their personnel (recommended for City and County government, public school teachers and guidance counselors, corporations, small businesses, etc.). 2. Local government leaders should make strong public statements of support for equal opportunity. 3. Implement a major public relations campaign to fight racism in our area. 4. A City/County-wide theme emphasizing our diversity. 5. Promote an integrated history curriculum in our public schools. 6. Sponsor and support more activities to draw citizens of different backgrounds together for the purpose of celebrating different cultures and promoting racial harmony. 7. Establish a Cumberland County Human Relations Board or empower the Fayetteville Human Relations Commission to address issues County-wide. Citizen Recommended Services 1. Mediate and resolve group and community conflicts at the lowest level. 2. Provide training to prevent equal opportunity complaints and conflicts. 3. Bring citizens together in positive, non-threatening settings. 4. Develop an annual calendar of civil/human rights programs. 5. Provide educational and cultural awareness programs to the community. 6. Collaborate with traditional and non-traditional partners to plan and develop civil and human rights programs. 7. Establish relationships with organizations and groups not traditionally identified as civil/human rights partners. 8. Develop strategic alliances with public and private sector, agencies, and civic groups. 9. Evaluate and measure results. 10. Effectively report results and achievements to enhance perception of community. Ms. Allen requested the City Council and Board of Commissioners to establish a joint County-wide human relations program. Commissioner King requested that the establishment of a joint human relations commission and/or the empowerment of the current commission to address issues on a county-wide basis be added to the Commissioner's next meeting. Councilmember Worthy requested the same item be added to the next meeting of the City Council. 4. Action Committee Report on Public Transportation. Mr. Matthew M. Smith, Jr., Chairman of the Cumberland County Public Transportation Action Committee, and Mr. Jerome Brown, Transit Director for the City of Fayetteville, made a presentation and noted the mission had been to establish the framework for a regional/county-wide public transportation system and a transit authority to operate that system. The following recommendations were made: 1. To provide a 30-minute mixed service with a projected revenue of $2,885,635, an estimated annual cost of $12,987,569, and a net cost of service of $10,101,934. 2. To request the legislative delegation to sponsor a bill to form the authority. 3. To form the authority and to implement the system. 4. To use retail sales tax as a source of dedicated funding. A discussion was held regarding identifying the best funding source, the use of the light-rail system, the need for a transit authority, and the need to consider the legislative climate in Raleigh. Mr. Matthew Smith stated the recommendations were for a bare-boned system that could be added to in the future and would provide the entire area with services. 5. Report of the City/County Joint Committee. Mayor Pro Tem McBryde stated the Committee recommended the following: 1. The City and County should ask the Institute of Government to study our planning processes and make recommendations for comprehensive joint planning. 2. The Action Committee on Public Transportation appointed jointly by the City Council and County Commissioners should be asked to update the two governing bodies at the July 12 joint meeting. The chair of this Committee is Matthew Smith. 3. The report of this meeting of the Joint Committee should be added to the agenda of the joint meeting on July 12. 4. The one stop center for permits is an important goal and should be pursued by the City and County Managers. The GIS demonstration scheduled for the July 12 meeting is a step in this direction. 5. The Mayor should appoint two members of the City Planning Commission to serve with two members of the County Planning Board appointed by the Chair of the County Commissioners to work with staff of the City, the County, PWC and the school board to analyze the need for future water and sewer extensions, identify resources available for these extensions and discuss organization structures that would allow the resources to be obtained for the plan. Councilmember McBryde stated action needed to be taken by both boards on Items 1, 4, and 5. MOTION: Commissioner Blackwell moved to add Item 4 to the Commissioner's agenda. SECOND: Commissioner King VOTE: UNANIMOUS MOTION: Mayor Pro Tem McBryde moved to add Items 1, 4, and 5 to the City Council's agenda. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) 6. Schedule next Joint meeting. Commissioner Warren stated he felt the City/County Liaison Committee and the newly appointed Joint Committee should be given the opportunity to work together and then let the Committees make a recommendation as to when the boards should hold another joint meeting. A discussion was held regarding a time frame with no action being taken. MOTION: Commissioner Melvin moved to adjourn the meeting. SECOND: Commissioner King MOTION: Councilmember Worthy moved to adjourn the meeting. SECOND: Councilmember Kizer VOTES: UNANIMOUS (Councilmembers Cheek and Haire excused) The meeting adjourned at 9:30 a.m. REGULAR MEETING JULY 19, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JULY 19, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Victor Sharpe, Planning Services Manager Kathy Kem, Planning Technician Marsha Bryant, Planning Technician Frank Simpson, Inspections Director Pete Piner, Chief Operating Officer, Fire Alan Nobles, Assistant Fire Chief, Administration Steve Blanchard, PWC General Manager Tom McNeill, PWC Property Acquisition Manager Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Richard Edwards, of the Walstone Memorial Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA MOTION: Councilmember Smith moved to excuse Councilmember Kizer from the August 2, 1999, meeting. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Kizer abstaining) MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Worthy from the August 2, 1999, meeting. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Worthy abstaining) City Manager Roger Stancil requested to add Item 2.L, adoption of resolution authorizing the City Manager to file for grant to address Internet Crimes Against Children, to the consent agenda, and a closed session for litigation and economic development to Item 18. Mr. Stancil requested to remove Item 5, consideration of request to address City Council from the following representatives of the Carter Homes, Inc., regarding a project to aid children in the area: Marta Bullard and Ann Spiesberger, from the agenda. Mayor Pro Tem McBryde requested to move Item 11, consideration of award of construction contracts for Annexation Area 3A: Cottonade Section 1 and Section 2 and Ponderosa, to the consent agenda as Item 2.M. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with all of the additions and the removal of Item 5. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 2. CONSENT: Councilmember Kizer requested to abstain from discussion or voting on Item 2.J. MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exception of Item 2.J. SECOND: Councilmember Kendrick VOTE: UNANIMOUS MOTION: Mayor Pro Tem McBryde moved to approve 2.J, with Councilmember Kizer abstaining. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Kizer abstaining) The following items were approved: A. Approve minutes of regular meeting of June 14, 1999. B. Refer to the Council Transportation Committee the Proposed Collector Street Plan. C. Adopt resolution approving the application for The Governor's Highway Safety Program Grant for the Strict and Fair Enforcement Program to assist with increased congestion problems. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO APPROVE THE APPLICATION FOR THE GOVERNOR'S HIGHWAY SAFETY PROGRAM GRANT FOR THE STRICT AND FAIR ENFORCEMENT PROGRAM TO ASSIST WITH INCREASED CONGESTION PROBLEMS. RESOLUTION NO. R1999-049. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. D. Adopt resolution setting public hearing for August 16, 1999, to consider closing a portion of Broad Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF BROAD STREET. RESOLUTION NO. R1999-050. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. E. Approve cancellation of July 26, 1999, Information Meeting of City Council. F. Set a special meeting for August 9, 1999, to consider the evaluation of the City Manager. G. Approve award of purchase contracts for three fire pumpers to Central States Fire Apparatus (Lyons, SD), lowest responsible bidder meeting specification and delivery requirements, in the amount of $815,949.74 to include performance bond cost, discount, and inspection fee. Bids were received as follows: Central States Fire Apparatus (Lyons, SD) $815,949.74 Lee Fire Equipment & Supplies, Inc. (Raleigh, NC) $852,147.03 KME Fire Apparatus by Slagle Fire Equipment Co. (South Boston, VA) $865,754.25 American LaFrance (Ephrata, PA) $896,335.93 American LaFrance (Ephrata, PA) $904,183.93 Pierce Manufacturing by Triad Fire, Inc. (Kernersville, NC) $915,566.87 American LaFrance (Ephrata, PA) $916,018.93 C.W. Williams & Co. (Rocky Mount, NC) $917,759.96 American LaFrance (Ephrata, PA) $925,670.93 American LaFrance (Ephrata, PA) $925,984.93 Pierce Manufacturing by Triad Fire, Inc. (Kernersville, NC) $933,930.87 American LaFrance (Ephrata, PA) $935,826.93 H. Approve award of purchase contract for Controls Modernization Project at Butler-Warner Generation Plant, with option to purchase additional components at quoted prices for a period of 24 months, to ABB-Bailey (Wickliffe, OH), low bidder, in the amount of $1,145,057.00. (PWC). Bids were received as follows: ABB-Bailey (Wickliffe, OH) $1,145,057.00 Westinghouse Process Controls (Pittsburgh, PA) $1,160,994.00 GE International (Charlotte, NC) $2,003,552.00 I. Approve award of purchase contract for 90,000' of 4/0 AL URD Triplex Cable to WESCO Distribution, Inc. (Raleigh, NC), low bidder, in the amount of $74,700.00. (PWC) Bids were received as follows: WESCO Distribution, Inc. (Raleigh, NC) $74,700.00 Power & Telephone Supply (Knoxville, TN) $79,470.00 J. Adopt Resolution and Order to file and publish a Preliminary Assessment Roll and set public hearing for September 7, 1999, to consider the extension of its sanitary sewer system in all or a portion of those streets in Annexation Area 3B (Lafayette Village/South Hills/Gallup Acres): Durant Drive, Spears Drive, Dairy Drive, Williamsburgh Drive, Richmond Drive, Jefferson Drive, Gallup Drive, Duke Street, South side of Raeford Road, Cypress Road, Walnut Drive, Cottonwood Drive, Tupelo Circle, Odom Drive, Wicker Court, Hurley Drive, Bowling Green Drive, Cagle Court, Keyboard Lane, Barwin Drive, Redwood Drive, Ellsworth Street, Japonica Drive, Hope Mills Road, Elder Lane, Banyan Road, Sequoia Road, Sandalwood Road, Eucalyptus Road, Catalpa Road, Spruce Drive, Palm Circle, Popular Drive, Birch Road, Cherry Lane, Hemlock Drive, Ponderosa Drive, Bayleaf Drive, Palmetto Lane, Utile Road, Tulip Drive, and Juniper Drive.(PWC) RESOLUTION AND ORDER TO FILE AND PUBLISH A PREMILINARY ASSESSMENT RESOLUTION FOR THE EXTENSION OF ITS SANITARY SEWER SYSTEM IN ALL OR A PORTION OF DURANT DRIVE, SPEARS DRIVE, DAIRY DRIVE, WILLIAMSBURGH DRIVE, RICHMOND DRIVE, JEFFERSON DRIVE, GALLUP DRIVE, DUKE STREET, SOUTH SIDE OF RAEFORD ROAD, CYPRESS ROAD, WALNUT DRIVE, COTTONWOOD DRIVE, TUPELO CIRCLE, ODOM DRIVE, WICKER COURT, HURLEY DRIVE, BOWLING GREEN DRIVE, CAGLE COURT, KEYBOARD LANE, BARWIN DRIVE, REDWOOD DRIVE, ELLSWORTH STREET, JAPONICA DRIVE, HOPE MILLS ROAD, ELDER LANE, BANYAN ROAD, SEQUOIA ROAD, SANDALWOOD ROAD, EUCALYPTUS ROAD, CATALPA ROAD, SPRUCE DRIVE, PALM CIRCLE, POPLAR DRIVE, BIRCH ROAD, CHERRY LANE, HEMLOCK DRIVE, PONDEROSA DRIVE, BAYLEAF DRIVE, PALMETTO LANE, UTILE ROAD, TULIP DRIVE, AND JUNIPER DRIVE. RESOLUTION NO. R1999-051. Councilmember Kizer abstained from discussion or voting on this item. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. K. Approve Customer Transfer Agreement between City of Fayetteville (PWC) and The County of Hoke to acquire a water system in the western portion of Cumberland County. L. Adoption of resolution authorizing the City Manager to file for grant to address Internet Crimes Against Children. RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE FOR GRANT TO ADDRESS INTERNET CRIMES AGAINST CHILDREN PROGRAM. RESOLUTION NO. R1999-052. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. M. Consideration of award of construction contracts for Annexation Area 3A: Cotton Section 1 and Section 2 and Ponderosa: A. Cottonade, Section 1: T.A. Loving (Goldsboro, NC), in the amount of $1,545,107.00. Bids were received as follows: T. A. Loving (Goldsboro, NC) $1,545,107.00 ES & J Enterprises (Autryville, NC) $1,894,831.14 Sanford Contractors (Sanford, NC) $1,906,062.91 McClam & Associates (Little Mountain, SC) $2,146,219.23 Billy Bill Grading Company (Fayetteville, NC) $2,603,072.50 Ralph Hodge (Wilson, NC) $1,968,453.15 B. F. McMahon (Chapin, SC) $2,519,449.00 State Utility (Monroe, NC) $1,984,654.85 R. H. Moore (Murrells Inlet, SC) $2,274,634.00 Central Builders (Rocky Mount, NC) $2,619,884.00 B. Cottonade, Section 2: Ralph Hodge Construction (Wilson, NC), in the amount of $1,718,638.30. Bids were received as follows: Ralph Hodge Construction (Wilson, NC) $1,718,638.30 Sanford Contractors (Sanford, NC) $1,730,593.28 McClam & Associates (Little Mountain, SC) $1,797,493.25 R. H. Moore (Murrells Inlet, SC) $1,823,223.00 ES & J Enterprises (Autryville, NC) $1,829,053.68 Billy Bill Grading (Fayetteville, NC) $1,979,504.50 T. A. Loving (Goldsboro, NC) $1,999,553.00 State Utility (Monroe, NC) $2,229,469.00 C. Ponderosa: ES & J Enterprises (Autryville, NC), in the amount of $1,725,947.00. Bids were received as follows: ES & J Enterprises (Autryville, NC) $1,725,947.00 R. H. Moore (Murrells Inlet, SC) $1,737,123.00 Sanford Contractors (Sanford, NC) $1,738,268.46 T. A. Loving (Goldsboro, NC) $1,754,240.00 State Utility (Monroe, NC) $1,760,440.80 McClam & Associates (Little Mountain, SC) $1,847,374.00 B. F. McMahon (Chapin, SC) $2,171,497.50 3. PUBLIC HEARINGS: A. Consideration of extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation area, Bill-Riddle Property, Ramsey Street Shopping Center. (Located on the western side of Ramsey Street and south of McArthur Road). City Manager Roger Stancil presented this item. He recommended adoption of the annexation ordinance to be effective immediately. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:17 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, BILL-RIDDLE PROPERTY-RAMSEY STREET SHOPPING CENTER (LOCATED ON THE WESTERN SIDE OF RAMSEY STREET, SOUTH OF MCARTHUR ROAD). ANNEXATION ORDINANCE NO. 99-07-438. MOTION: Councilmember Kendrick moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS B. Consideration of adoption of resolution closing a portion of Azalea Drive. City Manager Roger Stancil presented a petition to close a portion of Azalea Drive because of a drainage problem in the area, noting it could be taken care of with an easement. Mr. Stancil proposed to close Azalea Drive with the property owners on each side being given one half of the street footage, and in return an easement could be granted which would deal with the drainage problem. This is the advertised public hearing set for this date and time. The public hearing opened at 7:19 p.m. Mr. Bob Tiffany, 812 Norwood Street, Fayetteville, NC, asked why the access to the creek was being closed, thereby, limiting the access of all the neighbors. Mr. Tiffany stated he wanted to know if an environmental impact statement had been done and what would happen to the habitat in the area. He asked the Council for more investigation before any action is taken on this property. Mr. Tiffany stated he did not understand the City giving away land just to obtain an easement. Ms. Risa Levine, 302 Hinsdale Avenue, Fayetteville, NC, stated her lot had the most severe drainage problems and she needed access to take care of her drainage, sanitation, and environmental problems. Ms. Catherine Barnhart, 304 Hinsdale Avenue, Fayetteville, NC, stated she had spent a lot of money to get the drainage problem fixed in her yard, and she requested that more consideration be given to the problem and the Council come and look at the area. Mrs. Trina Tiffany, 812 Norwood Street, Fayetteville, NC, stated she was confused because she had signed a document authorizing the City to have access to the drainage ditch, and since that time, she had heard nothing about any repairs or adjustments, which would address this drainage problem. Mrs. Tiffany stated she wanted to know the why and how of the City's plan and she would like for the Council to look at and study the proposal to see if it would truly resolve the problem. There was no one further to speak and the public hearing closed at 7:25 p.m. A discussion was held regarding the history of the project. Mr. Curtis Hancock, Project Manager, reviewed the project and the recommendations being made. Mr. Stancil stated he felt there was a lack of communication and he would like to defer any action until a later date in order that he might have the opportunity to meet with the property owners. MOTION: Councilmember Cheek moved to approve Mr. Stancil's recommendation to have it brought back before the Council on August 16, 1999. SECOND: Councilmember Worthy VOTE: UNANIMOUS A discussion was held regarding the possibility of filing of a condemnation lawsuit to acquire the easement with the Council requesting the dollar amount for the condemnation. 4. (P99-24F) Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, and Chapter 33, Zoning and Planning Agencies, for the purpose of designating the duties of the Board of Adjustment to another Planning Agency or City Council. Mr. Jimmy Teal, Chief Planning Officer, presented this item. MOTION: Councilmember Worthy moved to retain the Board of Adjustment and follow the recommendations of the Planning Commission to deny the redesignation of duties to any other agency. SECOND: Councilmember Haire A discussion was held with Councilmembers Williams, Worthy, Talbot, and Massey expressing support for the motion and Councilmembers Milligan, Fogleman, and Smith expressing opposition to the motion. Mayor Dawkins called for the vote on the motion. VOTE: Failed by a vote of 5 in favor (Councilmembers Worthy, Talbot, Haire, Williams, and Massey) to 7 in opposition (Councilmembers Cheek, McBryde, Kendrick, Smith, Fogleman, Kizer, and Milligan) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, AND CHAPTER 33, ZONING AND PLANNING AGENCIES, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1999-012. MOTION: Councilmember Milligan moved to adopt this ordinance effective August 1, 1999. SECOND: Councilmember Fogleman Further discussion was held on the disbanding of the Board of Adjustment with Councilmembers Williams and Worthy in opposition and Councilmembers Cheek, McBryde, Fogleman, and Kendrick in support. Councilmember Haire called the question, and passed by a unanimous vote. VOTE: Passed by a vote of 8 in favor (Councilmembers Cheek, McBryde, Kendrick, Smith, Fogleman, Kizer, Milligan, and Massey) to 4 in opposition (Councilmembers Worthy, Talbot, Williams, and Haire) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1999. 5. Consideration of request to address City Council from the following representatives of the Carter Homes, Inc., regarding a project to aid children in the area: Marta Bullard and Ann Spiesberger. This item was removed from the agenda by City Manager Roger Stancil. 6. Consideration of a request to address City Council from Lori Farmer regarding a proposed Christmas Box Angel Memorial. Ms. Lori S. Farmer, a facilitator for the local Fayetteville Chapter of SHARE, a self-help group for parents suffering the loss of a baby, presented the Council with a proposal to place a special memorial angel in the Cross Creek Park near the fountain. Its purpose would be to provide a place for grieving parents who have lost a child to acknowledge their loss, and a place to mourn and heal. Ms. Farmer stated she had been before the Parks and Recreation Advisory Board and had their unanimous support for the project. Ms. Farmer stated she felt the memorial would be a draw to the downtown from areas all over the state, and she noted that an endowment had been created through the Cumberland County Foundation which would be ongoing and the project would involve no City or County moneys, but would rely totally on private and corporate donations for funding. City Manager Roger Stancil stated this was a first-time request of this type and a policy was needed for handling it. MOTION: Councilmember Milligan moved to refer the process to the Policy Committee for a recommendation. SECOND: Mayor Pro Tem McBryde MOTION: Councilmember Haire moved to grant the request to place the monument in Cross Creek Park and then transfer it to the Policy Committee for them to come up with a policy. City Attorney Robert C. Cogswell ruled that Councilmember Haire's motion was the opposite of the original motion and therefore out of order. A discussion was held regarding the procedure that should be used for this type of request. Councilmember Cheek stated that because it was located downtown, it would need to be reviewed by the Historic Resources Commission and the Appearance Commission. Councilmember Haire called the question with the vote being unanimous. VOTE: Passed by a vote of 8 in favor (Councilmembers Cheek, McBryde, Kendrick, Talbot, Smith, Fogleman, Kizer, and Milligan) to 4 in opposition (Councilmember Worthy, Williams, Massey, and Haire) 7. Consideration of a proposal to convert the skateboard facility at Gilmore Park to a playground for persons with disabilities. This item was presented by Linda Miller, Chair, Parks and Recreation Advisory Commission. MOTION: Mayor Pro Tem McBryde moved to approve the request. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 8. (P99-11F) Presentation of North Street Study. The area includes 310 parcels located east of Ramsey Street extending to the Cape Fear River, between Norfolk Southern Railroad and CSX Railroad. Streets within the area include Wall, Mary, George, North Street Extension, Brinkley, Ingram, and Neville. Ms. Marsha Bryant, Planning Technician, presented the North Street Study prepared by the City of Fayetteville Planning Department. A copy of this study is on file in the City Clerk's Office in Council Minute Book 3. Councilmember Haire stated he felt the drainage issue needed to be addressed. Councilmember Cheek stated this report was good and showed how the City and neighborhood had been working together. Councilmember Cheek requested the Inspections Department to follow through with the lot violations and in particular the commercial trash containers. Councilmember Talbot inquired about the status of the Milan Yard railroad track transfer. Councilmember Massey requested the Inspections Department be diligent in working with the violations due to the encroachment of commercial into a residential neighborhood. 9. Consideration of request to close Tryon Drive entrance as requested by Briarcliffe Condominium Association. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal stated the staff recommended keeping the Tryon Drive and Blanton Road entrances open for public safety reasons. Mr. Bill Little, Association Manager of Briarcliffe Condominium Association, had requested to speak but was not present for the meeting. Pete Piner, Chief Operating Officer, Fire, stated the fire code required 20 feet of unobstructed road, and he was concerned that if Tryon was closed, there would only be one fire hydrant located at the Blanton Road entrance between two apartment buildings. He stated when the 5-inch hose was connected to the hydrant no additional fire trucks could get into the complex. Councilmember Williams asked if a chainlink fence was put up, could the firemen not use fence cutters to gain entrance. Chief Piner stated that would impede response time and he could not support it because this was a high-life-risk hazard area. Councilmember Kizer stated that previously the homeowners were concerned with police protection and security and he had supported that and he was supporting this. MOTION: Councilmember Kizer moved to close Tryon Drive and leave Blanton Road entrance open. SECOND: Councilmember Milligan Councilmember Talbot stated this was a fire/safety hazard and staff's recommendation needed to be followed. Councilmember Smith inquired as to what accommodations could be made to get the fire protection to these buildings. Chief Piner stated he had talked with Mr. Little and had told him he was opposed to a gate being put up because it would interfere with the response time and the first five minutes were critical, not only to the burning apartments but to set up exposure for the protection of other buildings. Councilmember Smith stated he recalled in previous discussions about closing Blanton Road that the Fire Department was in support of closing the entrance. Chief Piner stated that the Association was told it would have to go to the planning to close it, but the Fire Department preferred that both entrances be left open. Councilmember Haire stated he supported keeping the entrance open. He requested information on how much the crime rate has gone up in that area. City Attorney Robert C. Cogswell, Jr., stated that from a legal standpoint, the staff recommended leaving the entrance open and if the Council approved the closure, he foresaw a lawsuit because the City's liability would be increased by this action. A discussion was held regarding the planning and placement of fire hydrants in apartment complexes. Councilmember Kizer inquired if the single fire hydrants were a problem in other areas, was it really that much of a legal liability in this situation. Mr. Cogswell responded that it was because the Council now had the chance to eliminate that hazard and make it safer from a safety point of view. Councilmember Kizer asked about safety from criminal action. Mr. Cogswell replied, in his opinion, fire was a different situation from crime. Councilmember Kendrick inquired as to how these plans were originally approved. Mr. Cogswell replied the County had approved this complex. Councilmember Haire stated that the issue of new construction of multi-dwelling buildings should be sent to the Policy Committee for review. Mayor Dawkins stated this issue could be addressed at another Council meeting and he called for the vote on the motion. VOTE: Failed by a vote of 4 in favor (Councilmembers Smith, Kizer, Milligan, and Williams) to 8 in opposition (Councilmembers Kendrick, McBryde, Cheek, Worthy, Talbot, Fogleman, Massey, and Haire) Councilmember Smith requested a study of the crime statistics with suggestions from the Police Department or anyone else who could help with solutions for this crime problem. Councilmember Kizer requested that this information not be presented at the August 2, 1999, meeting because of his absence. 10. Consideration of adoption of resolution amending the Electric Utility System Rate Stabilization Fund. RESOLUTION TO AMEND THE ELECTRIC UTILITY SYSTEM RATE STABILIZATION FUND. RESOLUTION NO. R1999-053. MOTION: Councilmember Kizer moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS A copy of foregoing resolution in on file in the City Clerk's office in Resolution Book R1999. 11. This item was moved to become consent Item 2.M. 12. Consideration of approval of change order to resurfacing contract to add milling and paving of portions of McPherson Church Road between Cliffdale Road and Skibo Road, in the amount of $304,177.25 MOTION: Councilmember Smith moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 13. Consideration of items for referral to City-County Liaison Committee. MOTION: Mayor Pro Tem McBryde moved to put the issue of joint purchasing on the agenda and let the Committee talk with the managers about it. SECOND: Councilmember Kizer VOTE: UNANIMOUS 14. Consideration of recommendations from the Joint Committee of the City Council and County Commissioners to discuss planning issues: A. Authorize City Manager to work with the County Manager to ask the Institute of Government to study our planning processes and make recommendations for comprehensive joint planning. B. Authorize the City Manager to work with the County Manager to develop a one-stop center for permits. C. Authorize the Mayor to appoint member of the City Planning and Planning Commission to serve with two members of the County Planning Board appointed by the Chair of the County Commissioners to work with staff of the City, the County, PWC, and the school board to analyze the need for future water and sewer extensions, identify resources available for these extensions and discuss organization structures that would allow the resources to be obtained for the plan. Councilmember Kendrick pointed out that it had been decided at the last meeting there would be one member from the Planning Commission and one member from the Zoning Commission. MOTION: Mayor Pro Tem McBryde moved to approve A, B, and C. SECOND: Councilmember Smith VOTE: UNANIMOUS 15. Discussion of developing a new ordinance to regulate major land disturbance activities on individual lots in developed areas. Councilmember Cheek requested the staff draft a proposed ordinance to regulate major land disturbance activities. She stated she was not talking about landscaping things but when land was moved around with major construction activity and grades were changed with a lot of design work, time and money going into it. Councilmember Cheek requested that this be done for both individual lots and developed areas in the interest of protecting the health, safety, and property values of the neighborhoods and the citizens of Fayetteville. MOTION: Councilmember Cheek moved to refer her request to the staff for determination of the proper way to develop this ordinance. SECOND: Councilmember Fogleman Councilmember Worthy inquired if there were a policy to take care of this. He asked how the property on the corner of Morganton Road was fined if there was no policy. Mr. Cogswell stated there had been a violation of an ordinance and the property owners had been fined because of that violation. Mr. Cogswell noted that currently the owners are not in violation of an ordinance. Councilmember Worthy inquired if the City was going to design that corner with a wall. He received a negative reply. Councilmember Cheek stated she was not talking about the lot Mr. Worthy was referring to. She stated that any time there were great big piles of dirt or debris left for a long time on lots in neighborhoods, commercial areas, or industrial parks, it could sit there forever because it was called clean fill. She stated the neighbors would have to look at it for as long as it stood and this was not part of a good project. Councilmember Talbot supported the creation of the ordinance and he requested that the County be included in the discussions. Councilmember Kizer stated he hesitated in going along with the motion because there were state guidelines that covered some of these issues and they had to be followed with the exception of areas less than an acre of disturbance and he would like that language to be added. Councilmember Cheek stated she would accept the amendment if he thought professionally it should be done. Councilmember Williams stated no new ordinances were needed and if done, the builders should be included in the process. Councilmember Fogleman inquired if it should be limited to an acre. Councilmember Cheek asked Councilmember Kizer if approximately an acre would be acceptable, and Mr. Kizer replied in the affirmative. VOTE: Passed by a vote of 10 in favor to 2 in opposition (Councilmembers Williams and Worthy) 16. APPOINTMENTS: A. City Planning Commission - election of nominees to fill four vacancies. The following appointments were made: Mr. Jack Phill Justice, Jr., was appointed to a second two-year term. Mr. Jack Cox was appointed to a second two-year term. Mr. Michael Middleton was appointed to a first two-year term. Dr. Martin Oakes was appointed to a first two-year term. B. City Zoning Commission - election of nominees to fill two vacancies. The following appointments were made: Mr. Thomas Council and Ms. Lois P. Owens were reappointed to a second two-year term. C. Taxicab Review Board - election of nominees to fill three vacancies. The following appointments were made: Mr. David A. Walker, Jr., was appointed to a first term for two years. Mr. John Hutchings was reappointed to a second term of two years. Mr. Robert Lee McLaurin was appointed to a two-year term as an alternate. D. Parks and Recreation Advisory Board - nominations needed to fill one vacancy. MOTION: Mayor Pro Tem McBryde moved to follow the school's recommendation to appoint Mr. Fred McDaniel as the Cumberland County School representative. SECOND: Councilmember Kendrick VOTE: UNANIMOUS Councilmember Massey nominated Ms. Dorothy Fielder to fill in the term, which would expire in October of 1999. 17. ADMINISTRATIVE REPORTS A. Report on joint use of Cliffdale Recreation Center with Cliffdale Elementary School to facilitate a computer lab. Discussion was held regarding the accessibility of the Internet system and the use of a monitoring device to avoid the problems which are currently being experienced by the library. B. Planning for the future city. 18. Closed session for land acquisition, litigation and economic development. MOTION: Mayor Pro Tem McBryde moved to go into closed session to discuss land acquisition, litigation, and economic development. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The closed session began at 9:45 p.m. The regular session resumed at 10:26 p.m. Mr. Cogswell recommended accepting the donation of Rus Richard Wagner of three acres with a release of the environmental liability. He stated no contamination had been found. Mr. Cogswell stated it would cost $10,000 to $11,000 to remove two tanks on the proposed property. He stated the appraised value of the property was $43,000. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Cheek VOTE: UNANIMOUS Mr. Cogswell recommended the approval of acquiring the land on Marsh and Fogle Street from Arnold Murray for the price of $569.98. He stated Phase I environmental had come back with no ground water contamination. The tax value of the lot is $4,000 and the lot and house is $38,534. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Kizer VOTE: UNANIMOUS INFORMATION ITEMS: 1. Statement of taxes collected for the month of June 1999, from the Cumberland County Office of Tax Administrator. 1998 Taxes $ 146,054.59 1998 Vehicle Taxes 248,993.87 1998 Revit 56.97 1998 Vehicle Revit 204.16 1998 FVT 30,555.73 1998 Storm Water 9,297.90 1997 Taxes 9,529.70 1997 Vehicle Taxes 2,397.78 1997 Revit 0.00 1997 Vehicle Revit 0.00 1997 FVT 386.31 1997 Storm Water 1,067.95 1996 Taxes 5,811.76 1996 Vehicle Taxes 545.60 1996 Revit 7.67 1996 Vehicle Revit 0.00 1996 FVT 105.00 1996 Storm Water 463.16 1995 Taxes 6,050.17 1995 Vehicle Taxes 191.82 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 40.00 1995 Storm Water 368.02 1994 & Prior Taxes 1,077.81 1994 & Prior Vehicle Taxes 289.68 1994 & Prior Revit 0.00 1994 & Prior Vehicle Revit 0.00 1994 & Prior FVT 45.00 Interest 16,997.88 Interest (Revit) 6.71 Interest (Storm Water) 933.83 Fayetteville Discount (0.00) Revit. Discount (0.00) Total Collections $481,479.07 2. Copy of status report on Phase II, IIIA and IIIB Annexation Update. 3. Information on the Cape Fear Basin Model Development and Interbasin Transfer Status. 4. Information on electric deregulation. 5. Copy of letter to citizens affected by the Buckhead Creek Mitigation Project. 6. Copy of letter regarding concerns of Bonnie Doone Community Watch. 7. Professional Standards - monthly report from the Office of Professional Standards for the month of June 1999. 8. FACVB - minutes of June 3, 1999. 9. PWC - minutes of June 9 1999. MOTION: Mayor Pro Tem McBryde moved to adjourn. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The meeting adjourned at 10:29 p.m. REGULAR MEETING AUGUST 2, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER AUGUST 2, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Curtis Worthy (District 7) (excused at July 19, 1999 City Council meeting) James M. Kizer, Jr. (at-large) (excused at July 19, 1999 City Council meeting) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Willie Harlow, Associate Minister of the Smith Chapel Free Will Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA Mayor Dawkins requested to abstain from Item 3.A, because he was a member of Snyder Baptist Church. MOTION: Mayor Pro Tem McBryde moved to allow Mayor Dawkins to abstain from Item 3.A. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmembers Worthy and Kizer excused) Councilmember Williams requested to abstain from Item 3.A because he was currently involved in a business relationship with the church on this project. MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Williams to abstain from Item 3.A. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmember Williams abstaining) (Councilmembers Worthy and Kizer excused) City Manager Roger Stancil requested to add Item J, refer to Council Transportation Committee the placement of a caution light and pedestrian crossing for Murchison Road at the Washington Drive intersection, and Item K, authorize task order for HNTB to design bid specifications to upgrade access security system at airport, to the consent agenda. Mayor Dawkins asked Mr. Cogswell to explain Item 4, consideration of request to address City Council from Attorney Neil Yarborough regarding release of penalty for violation of screening ordinance on property located at 639 Gillespie Street, because some Councilmembers had not received the memo that had been faxed. Mr. Cogswell stated this case involved a violation of the landscaping ordinance and the Inspections Department had worked with Bass Refrigeration for almost two years, trying to clean up some things on his property and to get him into compliance. Mr. Cogswell explained the policy had always been that these matters were handled administratively, otherwise, he stated you would have numerous requests to present the case to the City Council. Mr. Cogswell explained the exercise of discretion in this area had always been given very careful consideration and consultation had always been held between his office and the particular department involved in the code enforcement issue before any waiver, compromise or other resolution was made. Mr. Cogswell stated that he as well as all the other departments were committed to being as fair as possible with all citizens who had code violations on their properties. MOTION: Councilmember Talbot moved to approve the agenda with the addition of Items 2.L and 2.K and the deletion of Item 4. SECOND: Councilmember Massey Councilmember Kendrick requested to move Item 7, consideration of request from citizen to change the name of Everlena Avenue to Everena Avenue, to the consent agenda as Item 2.L. VOTE: UNANIMOUS (Councilmembers Worthy and Kizer excused) Councilmember Smith inquired how pulling Item 4 would effect the right of citizens to request to address the Council. Mr. Cogswell stated it was legal to take the action tonight and it would not affect citizens' rights. 2. CONSENT: MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the three additions and the exception of Item 2.F, which had been pulled by Councilmember Cheek. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmembers Worthy and Kizer excused) The following items were approved: A. Approve minutes of regular meeting of June 21, 1999. B. Approve minutes of regular meeting of July 6, 1999. C. Approve minutes of special joint meeting with Cumberland County Board of Commissioners held on July 12, 1999. D. Refer to Council Transportation Committee the establishment of an ordinance to prevent the avoidance of traffic signals and stop signs via cutting through corner properties. (Requested by Paul Williams) E. P99-27F. The initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located west of Ramsey Street, south of McArthur Road. Containing 29 acres more or less and being the property of Bill Properties Partnership and J.P. Riddle Family Limited Partnership as evidenced by map and legal description furnished by the City of Fayetteville, being all of annexation ordinance number 99-07-438, and being annexed by the City of Fayetteville, effective July 19, 1999. F. This item was pulled by Councilmember Cheek. G. Approve Memorandum and Amendment of License Agreement with BellSouth Carolinas PCS, L.P., for antenna attachment on Hope Mills water tower acquired by PWC in the Hope Mills utility system transfer. (PWC) H. Authorize City Manager to execute an Agreement for Entry authorizing N.C. DOT to enter City-owned property in execution of road widening projects on Robeson, Rankin, Hay, Waters and Caswell Streets. I. Authorize advertisement of lease of a portion of the Robert C. Williams Business Center to the Fayetteville Area Chamber of Commerce for a period of 10 years pursuant to NCGS Sec 160A-272. J. Refer to Council Transportation Committee the placement of a caution light and pedestrian crossing for Murchison Road at the Washington Drive intersection. K. Authorize task order for HNTB to design bid specifications to upgrade access security system at airport. L. Consideration of request from citizen to change the name of Everlena Avenue to Everena Avenue. A public hearing was set for September 7, 1999. F. Approve the following financial matters: 1. Adopt Special Revenue Fund Project Ordinance 2000-2 and Special Revenue. (HOME Program) This ordinance will appropriate HOME grant proceeds of $581,000, the City's required local match of $65,363, and $96,356 in program income. These funds will be used to fund the following activities: city-wide rehabilitation loan pool, community housing development organization (CHDO) activities, and affordable rental housing construction. This item was pulled for discussion by Councilmember Cheek. Councilmember Cheek requested the staff to assure the Council that the information was being put out about the availability of the Community Development funds to interested groups who might be eligible for housing projects and that the groups were being encouraged to apply for these funds. City Manager Roger Stancil stated he would have a report at the next meeting as to the procedure currently being used. 2. Adopt Special Revenue Fund Project Ordinance Amendment 2000-1 (CDBG) This ordinance amendment will appropriate CDBG proceeds of $1,123,000 and $139,824 ($129,127 as stated in the action plan and $10,697 for various CDBG administrative expenditures) in program income. The remaining funds will be used for the following activities: city-wide rehabilitation loan pool, beautification, operation of the neighborhood resource centers, emergency home repair, assistance for the development of transitional housing, downtown loan pool and HUD 108 loan repayment. 3. Adopt Special Revenue Fund Project Ordinance 2000-1 (Mobile Data Computer Grant). On June 28, 1999, the North Carolina Governor's Crime Commission awarded the City of Fayetteville a $79,191 grant for the purchase of 12 mobile data computers. The computers will be installed in vehicles operated by investigators and field training officers. The City is required to provide a local match of $26,397. The total cost of this project is $105,588. Special Revenue Fund Project Ordinance 2000-1 will formally appropriate the grant proceeds and the City's local match for the project. MOTION: Councilmember Cheek moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Worthy and Kizer excused) 3. PUBLIC HEARINGS: A. P99-25F. Consideration of an application by Wayne Ham for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(5), to allow a charitable organization in an R6 Residential District for an area located at 616 Greenland Drive. Containing .34 acres more or less and being the property of Snyder Memorial Baptist Church as evidenced by deed recorded in Deed Book 4385, Page 609, Cumberland County Registry. Mayor Dawkins and Councilmember Williams abstained from discussion or voting on this item. Mayor Pro Tem McBryde stated a letter had been received from Mr. C. Wayne Ham, requesting the withdrawal of the request for the Special Use Permit. Mayor Pro Tem McBryde stated the public hearing would still be held because it had been advertised. Ms. Kathy Kem presented this item. Ms. Kem explained that a Special Use Permit was required because the property was not contiguous with the church's property. She stated the Zoning Commission recommended approval of the Special Use Permit. Mayor Pro Tem McBryde restated the public hearing would be held. City Attorney Robert Cogswell stated he was concerned that the neighbors may have thought the public hearing was going to be continued and had not appeared. A discussion was held regarding whether to hold the public hearing. Mayor Pro Tem McBryde opened the public hearing. Mr. C. Wayne Ham, 2348 Rollinghill Road, Fayetteville, NC, was signed up to speak in favor but declined to speak. There was no one else present to speak and the public hearing closed. MOTION: Councilmember Cheek moved to accept the request to withdraw the special use permit application. SECOND: Councilmember Haire City Attorney Robert Cogswell stated either there needed to be no action and they would have to wait a year or there needed to be a motion to approve or deny the request. MOTION: Councilmember Cheek moved based on the request to withdraw the special use permit application that the special use permit be denied. SECOND: Councilmember Haire VOTE: UNANIMOUS (Mayor Dawkins and Councilmember Williams abstaining) (Councilmembers Worthy and Kizer excused) Mayor Dawkins stated that based upon the action taken, this issue could not be heard again for a year. B. P99-30F. Consideration of an application by Patricia Gibbs for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(3), to allow a daycare in an R6 Residential District for an area located at 1117 Berkshire Road. Containing .53 acres more or less and being the property of Denis and Patricia Gibbs as evidenced by deed recorded in Deed Book 3965, Pages 548 and 550, Cumberland County Registry. Mr. Victor Sharpe, Planning Services Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended approval of the Special Use Permit with the condition that the operating hours be from 7:00 a.m. to 12:30 a.m. Mr. Sharpe stated the following findings of fact needed to be found by the Council if they approved the Special Use Permit: 1. That the hours of operation be from 7:00 a.m. to 12:30 a.m.; 2. That such use shall fit in with the character of the area in which such use is to be located; and 3. That such use is not detrimental to the surrounding neighborhood. 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. MOTION: Councilmember Kendrick moved to approve with the findings of fact set out by Mr. Sharpe. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmembers Worthy and Kizer excused) C. P99-33F. The rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located at 634 Pritchett Road. Containing 3.08 acres more or less and being the property of Charles and Glenda Simmons as evidenced by deed recorded in Deed Book 5075, Pages 77 and 78, Cumberland County Registry. Ms. Kathy Kem presented this item. Ms. Kem stated the Zoning Commission recommended approval and the staff recommended denial. Councilmember Smith inquired when the R6 zoning had been denied. Ms. Kem stated it was in 1994. This is the advertised public hearing set for this date and time. The public hearing opened. Ms. Glenda Simmons, 6309 Fanning Circle, Fayetteville, NC, appeared in favor of the rezoning. There was no one further to speak and the public hearing closed. MOTION: Councilmember Talbot moved to approve the rezoning to R6 because it was contiguous to an R6. SECOND: Councilmember Cheek VOTE: UNANIMOUS (Councilmembers Worthy and Kizer excused) 4. Consideration of request to address City Council from Attorney Neil Yarborough regarding release of penalty for violation of screening ordinance on property located at 639 Gillespie Street. This item was removed from the agenda. 5. Discussion of the amendment to the Commercial Solid Waste Franchise to include commercial roll-outs. (Requested by Milo McBryde, Mayor Pro Tem) Mayor Pro Tem McBryde stated that a single-family mobile home owner should receive the same treatment as a single home resident. Ms. Vi Forbis addressed the Council regarding this matter. Ms. Forbis stated that City services were implied and she felt that residential household garbage was a service that should be provided for every household in the City of Fayetteville and that should apply to her mobile home park as well. City Manager Roger Stancil addressed the Council regarding this issue. He stated the City Council's decisions to date had been based on equity and service and cost reduction. He explained that in the 1999-2000 budget, the Council approved a recommendation from the Excellence in Government Task Force that the City focus on residential roll-out service and amend the dumpster franchise to include commercial roll-out service. Mr. Stancil explained the definition of commercial roll-out is not related to zoning but is based on the county's determination of who pays the annual solid waste fee to the landfill for garbage disposal on their tax bill. Commercial roll-out service is provided to businesses and multi-family developments of more than seven units under one ownership. The tax bills for these developments do not include the solid waste fee. That disposal cost has been collected by the City in its annual contract with the customers. Mr. Stancil noted that the Council's decision had reduced the City's budget by $56,200, and had avoided additional costs of $140,000 that would have been required to extend the service to those who had not previously received it. Mr. Stancil stated an alternative available to the City's former commercial roll-out customers was to switch to a dumpster. Based on a development with 44 roll-outs receiving service from the City, the cost to the customer would be $2,012 per year. If they replace roll-outs with the same capacity in dumpsters, they would pay $2,071 per year, which included the cost of disposal and collection. Mr. Stancil stated under current City ordinances, no multi-family development under one ownership with greater than seven units would be eligible for roll-out service. Councilmember Haire stated he had found the new method of collecting waste to be beneficial for his rental properties. 6. North Street Study: Consideration of the following recommendations: A. Changing 2010 Land Use Plan B. Authorize 200' of pipe at the cost of approximately $25,000 for an area west of North Street Extension. C. Ask Human Relations to meet with residents on neighborhood issues. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal stated the Planning Commission recommended that the following three actions be taken: 1. The recommended change to the 2010 Land Use Plan reflecting a decrease in light and heavy industrial use and greater use of open space, medium density residential and light commercial. 2. The proposed piping of an open ditch running approximately 200 feet westward from North Street Extension. Projected cost of $25,000. 3. The recommended use of the City Human Relations Department to provide a forum for the residents in the area and the owners and operators of Fay Block to resolve differences and any misunderstandings. MOTION: Councilmember Kendrick moved to approve all three recommendations. SECOND: Mayor Pro Tem McBryde Councilmember Smith inquired about the funding of $25,000 for the ditch. Mr. Teal stated the drainage project on McPherson Church Road had been under budgeted and he was suggesting using these street bond funds. VOTE: UNANIMOUS (Councilmembers Worthy and Kizer excused) 7. Consideration of request from citizen to change the name of Everlena Avenue to Everena Avenue. This item was moved to the consent agenda as Item 2.L. 8. Consideration of request from Councilmember Curtis Worthy to table any discussion of funding of Fayetteville Partnership until all councilmembers can be present. No discussion was held on this item. 9. Discussion of changes to downtown Transit route. (Requested by Councilmember Darrell Haire) Councilmember Haire expressed his concern about the impact the moving of the Transit Center had on the citizens that use the Transit system. City Manager Roger Stancil informed the Council that the staff was aware of the problems and was working to accelerate the move to the PWC property as soon as possible. 10. APPOINTMENTS: A. Parks and Recreation Advisory Commission - election of nominee to fill one vacancy. Ms. Dorothy Fielder was appointed as a fill-in for the term, which expires in October of 1999. Mayor Dawkins announced he had appointed Mr. Dave Averette of the City's Zoning Commission and Mr. Fred Farmer of the City's Planning Commission to the newly organized Joint Planning Committee. 11. ADMINISTRATIVE REPORTS A. Planning for the future city. Mr. Stancil stated annexation had reeked havoc on our community, the City systems, neighborhoods, and the election process and as a result, he was introducing a new concept which would initiate new rules for annexation and a better way to provide water and sewer in Cumberland County. Mr. Stancil stated his concept would require an act from the General Assembly to change the annexation rules and would allow the following to occur: 1. Create new annexation rules; 2. Put City limits where they should be; 3. Give the City more control over the growth of the City; 4. Extend water and sewer on a logical basis; 5. Provide an election process that would not have to be changed every two years; and 6. Provide a County-wide water system. Councilmembers expressed their support for the plan and stated it was a forward and progressive plan for the future. INFORMATION ITEMS: 1. Update on natural gas service for Phase 3-B Annexation Area. Mr. Stancil stated North Carolina Natural Gas was more interested in Area 3-B, but there had been no final answer at this time. 2. Report on Carter Homes, Inc., request for property on Monagan Street. Councilmember Haire stated that he was concerned that the neighborhood had not been consulted about this project and he had a petition requesting they be allowed to participate in the planning process. Mr. Stancil stated this was not a City project and Carter Homes and Habitat for Humanity needed to make that happen if they want Council support. Mr. Stancil stated he would not come back to the Council with a staff recommendation until a meeting with the neighborhood had been confirmed. 3. Joint Committee of the City Council and County Commissioners to Discuss Planning Issues - minutes of June 29, 1999. 4. Invitation to installation ceremony of 25th Postmaster of Fayetteville. 5. City-County Liaison Committee - minutes of April 22, 1999. 6. FAEDC - minutes of 1999 Annual Meeting held June 10, 1999; minutes of May 18, 1999, Board of Directors meeting. 7. PWC - minutes of July 14, 1999. 8. Planning Department - monthly report for June 1999. (Inserted in packet) MOTION: Mayor Pro Tem McBryde moved to adjourn. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The meeting adjourned. SPECIAL MEETING AUGUST 9, 1999 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING LAFAYETTE ROOM, CITY HALL 433 HAY STREET AUGUST 9, 1999 7:00 P.M. Present: J. L. Dawkins, Mayor Councilmembers F. Milo McBryde (At-Large); Anne D. Fogleman (At-Large); James M. Kizer, Jr. (At-Large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Councilmember Darrell J. Haire (District 4) Others Present: Roger L. Stancil, City Manager Robert C. Cogswell, Jr., City Attorney Peg Carlson, Institute of Government Members of the Press Mayor Dawkins called the meeting to order at 7:00 p.m. MOTION: Councilmember Kendrick moved to excuse Councilmember Haire. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Haire excused) 1. Evaluation of City Manager. MOTION: Mayor Pro Tem McBryde moved to go into closed session for the purpose of personnel. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Haire excused) The closed session began at 7:05 p.m. The regular session resumed at 10:10 p.m. MOTION: Mayor Pro Tem McBryde moved to adjourn the meeting. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Haire excused) The meeting was adjourned. REGULAR MEETING AUGUST 16, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER AUGUST 16, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); James M. Kizer, Jr. (at-large); Anne D. Fogleman (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3) (arrived at 7:55 p.m.); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Frank Simpson, Inspections Director Craig Hampton, Administrative Services Director Lisa Smith, Chief Financial Officer Victor Sharpe, Planning Services Manager Janet Jones, City Clerk Ben Brown, Chief Development Officer Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Glen Holt, First Baptist Church of Fayetteville, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins announced that Councilmember Massey would be late. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Massey until he arrived. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Massey excused) 1. APPROVAL OF AGENDA Councilmember Worthy requested to remove Item 11 from the agenda. City Manager Roger Stancil requested to remove Item 14 and to add information about the wall on Morganton Road to Item 13, Administrative Reports. MOTION: Mayor Pro Tem McBryde moved to approve the agenda as amended. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Massey excused) 2. CONSENT: City Attorney Robert Cogswell presented the background information on Item 2.V (see this item for the detailed information). Mr. Cogswell requested to correct the July 19, 1999, minutes, Item 15, discussion of developing a new ordinance to regulate major land disturbance activities on individual lots and developed areas to read "approximately an acre" rather than "less than an acre". He also requested to change Item 3.A of the August 2, 1999, minutes to reflect that the motion was seconded by Councilmember Haire, and to have the motion read as follows: Councilmember Cheek moved based on the request to withdraw the Special Use Permit application that the Special Use Permit be denied. Councilmember Kizer requested to abstain from voting on Items 2.F, 2.H, 2.S and 2.T. Councilmember Kendrick requested to pull Item 2.G and Councilmember Williams requested to pull Item 2.0. MOTION: Councilmember Cheek moved to approve the consent agenda with the items pulled as requested and with Mr. Cogswell's changes to the minutes, and to approve Councilmember Kizer abstaining on Items 2.F, 2.H, 2.S and 2.T. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Massey excused) MOTION: Councilmember Kendrick moved to approve Items 2.F, 2.H, 2.S and 2.T. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Massey excused and Councilmember Kizer abstaining) The following items were approved: A. Approve minutes of regular meeting of July 19, 1999, as amended. B. Approve minutes of regular meeting of August 2, 1999, as amended. C. Approve minutes of special meeting of August 9, 1999. D. Authorize advertisement of intent to piggyback on existing contracts for purchase of refuse collection trucks. E. Authorize advertisement of intent to piggyback on existing contract for purchase of AFIS fingerprinting system for Police Department. F. Authorize Task Order Number 2 to Stormwater Master Contract for inventory for Storm Water Master Plan (pilot project). Councilmember Kizer abstained from discussion or voting on this item. G. This item was pulled by Councilmember Kendrick. H. P99-29F. Approve the rezoning from R5A Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located southwest of the All-American Freeway and north of Keystone and Cape Center Courts. Containing 10.58 acres more or less and being the property of Inad Atassi as evidenced by deed recorded in Deed Book 3625, Pages 847-851, Cumberland County Registry. Councilmember Kizer abstained from discussion or voting on this item. I. P99-34F. Approve the rezoning from R10 Residential district to P2 Professional District or to a more restrictive zoning classification for an area located at 3514 Village Drive. Containing .34 acres more ore less and being the property of Leonard and Gloria Gibbs as evidenced by deed recorded in Deed Book 2594, Pages 609 and 610, Cumberland County Registry. J. Approve ordinances amending Chapter 20, Motor Vehicles and Traffic, for Stop and Yield Control. (New developments) AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 6 - STOP INTERSECTIONS). ORDINANCE NO. NS1999-022. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 14 - YIELD RIGHT-OF-WAY). ORDINANCE NO. NS1999-023. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1999. K. Adopt ordinances ordering the demolition of the following properties: 1. 603 School Street (Owners: Peter Pavlikianidis, John Pavlikianidis and Roy Massengill) 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. NS1999-024. 2. 462 Horseshoe Road (Owners: Rufus McKenney, Heirs, c/o Mamie McKoy) 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. NS1999-025. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1999. L. Approve Conservation Easement and Declaration of Covenants and Restrictions for the Clean Water Management Trust Fund Land acquisitions. (PWC) M. Adopt Capital Project Ordinance 2000-1 (Cape Fear River Trail PARTF Grant). Capital Project Ordinance 2000-1 appropriates $250,000 in grant funds received from the North Carolina Parks and Recreation Authority and the City's $250,000 local match for the Cape Fear River Trail. The City is required to provide the local match within a two-year period. The FY2000 General Fund budget includes $125,000 of the required $250,000 local match. The remaining $125,000 in local match funds will be provided in the existing Recreation and Community Facilities FY2000 budget or will be requested in the FY2001 budget. The Cape Fear River Trail master plan was presented to City Council on September 28, 1998. At that time, City Council authorized staff to negotiate a contract for additional design work. This design was used to complete the applications required for the PARTF grant. City Council accepted the PARTF grant on June 21, 1999. This phase of the project totals $500,000 and includes a two-mile trail with three bridges, three overlooks, site preparations and amenities, emergency phones, engineering fees and signs. N. Refer to Council Transportation Committee the discussion of intersection locations for the Safe Light Program. O. This item was pulled for discussion by Councilmember Williams. P. Refer consideration of the Manager Evaluation Form to the evaluation subcommittee (comprised of Suzan Cheek, Robert Massey, Betty Milligan and myself) for further adjustment. (Requested by Councilmember Wick Smith) Q. Approve award of contract for construction of utilities for Cottonade Subdivision, Section IV; Fayetteville Annexation 1998, Phase III-A, to Sanford Contractors, Inc. (Sanford, NC), low bid, in the amount of $964,350.07. (PWC) Bids were received as follows: Sanford Contractors, Inc. (Sanford, NC) $964,350.07 State Utilities (Monroe, NC) $977,556.60 R. H. Moore (Murrells Inlet, SC) $991,613.00 B. F. McMahon, Inc. (Chapin, SC) $1,151,486.76 T. A. Loving Company (Goldsboro, NC) $1,194,379.00 McClam & Associates (Little Mountain, SC) $1,407,613.00 Dellinger, Inc. (Monroe, NC) $1,599,097.00 R. Approve award of contract for construction of utilities for Horseshoe Subdivision; Fayetteville Annexation 1998, Phase III-A, to Temple Grading (Lillington, NC), low bid, in the amount of $1,007,448.56. (PWC) Bids were received as follows: Temple Grading (Lillington, NC) $1,007,448.56 State Utility Contractors (Monroe, NC) $1,037,165.40 Phillips & Jordan (Robbinsville, NC) $1,042,207.76 R. H. Moore (Murrells Inlet, SC) $1,407,223.00 Sanford Contractors (Sanford, NC) $1,106,120.85 T. A. Loving (Goldsboro, NC) $1,144,378.00 McClam & Associates (Little Mountain, SC) $1,317,107.00 Dellinger, Inc. (Monroe, NC) $1,545,178.00 S. Approve award of contract for construction of the I-95/NC-59 (Northwest) Utilities 12" Sewer Line Extension to T.A. Loving (Goldsboro, NC), low bid, in the amount of $877,420.00. (PWC) Bids were received as follows: T. A. Loving (Goldsboro, NC) $877,420.00 McClam & Associates (Little Mountain, SC) $885,720.00 State Utilities (Monroe, NC) $907,470.00 R.H. Moore (Murrells Inlet, SC) $962,954.00 ES&J Enterprises (Autryville, NC) $987,986.00 Dellinger, Inc. (Monroe, NC) $1,014,815.00 B.F. McMahon, Inc. (Chapin, SC) $1,142,158.00 Councilmember Kizer abstained from discussion or voting on this item. T. Approve Water and/or Sanitary Sewer Annexation Agreement with March F. Riddle for property located on Thames Drive in the Gates Four Subdivision, identified as Cumberland County PIN #9495-71-6448 and PIN #9495-71-6742. (PWC) Councilmember Kizer abstained from discussion or voting on this item. U. Approve cancellation of the September 27, 1999, Information Meeting. V. Approve request for legal representation. City Attorney Robert Cogswell stated the name of the lawsuit was Baldwin vs. City of Fayetteville, et al. and all individual defendants were acting within the course and scope of their jobs. Mr. Cogswell recommended Mr. James R. Nance, Jr., to represent Sergeant Waters at a fee of $150 an hour and Carlyle, Sandridge and Rice would represent the City and Chief Hansen. Mr. Cogswell stated that Mr. Mark Davis would do most of the work at a rate of $150 per hour with consultation from Mr. Robert Sasser at a rate of $220 per hour. G. Approve award of construction contract for Village Drive drainage project to Nortec Construction Services, Inc., lowest responsible qualified bidder, in the amount of $518,045.42. This item was pulled by Councilmember Kendrick. He requested a starting date for the project. Mr. Craig Hampton, Administrative Services Director, stated the project would start in less than 30 days with a completion date of 120 days. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Massey excused) Bids were received as follows: Nortec Construction Services, Inc. $518,045.42 Temple Grading & Construction Co., Inc. $724,145.25 ES&J Enterprises, Inc. $842,117.92 T. A. Loving Company $872,685.00 Billy Bill Grading Co., Inc. $882,063.00 R. H. Moore Company, Inc. $1,123,223.00 McClam & Associates, Inc. $1,205,755.00 Global Construction (non-responsive due to errors in bid) $496,542.00 O. Refer to Council Development Committee the following topics: (Requested by Councilmember Suzan Cheek) 1. Discussion of time line for Sign Ordinance revisions. This item was pulled by Councilmember Williams for clarification of the time line for the sign ordinance amendment. Councilmember Cheek stated it had not come back to the Committee for review. Mr. Stancil stated the ordinance was ready to be submitted to the Committee. 2. Presentation by Public Works Commission staff regarding PWC business development activities. MOTION: Councilmember Williams moved to approve and refer the sign ordinance amendments to the Development Committee. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Massey excused) 3. PUBLIC HEARINGS: A. Consideration of closing a portion of Broad Street. Mr. Craig Hampton, Administrative Services Director, presented this item. Mr. Hampton requested that the public hearing be held but that any action be deferred until the developer had resolved several issues. 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 7:20 p.m. MOTION: Councilmember Worthy moved to defer any actions. SECOND: Councilmember Talbot VOTE: UNANIMOUS (Councilmember Massey excused) B. P99-32F. Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 2219 and 2221 Bragg Boulevard. Containing .36 acres more or less and being the property of Carmen Nievies as evidenced by deeds recorded in Deed Book 5103, Pages 244-246; and 5073, Page 499, Cumberland County Registry. Mr. Victor Sharpe, Planning Services Manager, presented this item. Mr. Sharpe stated there had been a request to withdraw the rezoning request but the public hearing had been advertised and would be held. Mr. Sharpe noted the Planning Commission had recommended denial of the request. This is the advertised public hearing set for this date and time. The public hearing opened at 7:25 p.m. Mr. David Padgett, 807 Cape Fear Avenue, Fayetteville, NC, appeared in opposition. There were no other speakers and the public hearing closed at 7:27 p.m. MOTION: Councilmember Haire moved to follow the recommendations of the Zoning Commission to deny the request to rezone. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Massey excused) 4. Consideration of adoption of a street closing resolution for Azalea Drive and acceptance of an easement from Kimberly Jan Hall Hyde, Tony S. Hyde and Alan Eugene Hall. Mr. Craig Hampton, Administrative Services Director, presented this item. He stated there was no longer any opposition to this street closing. RESOLUTION AND ORDER CLOSING A PORTION OF AZALEA DRIVE. RESOLUTION NO. R1999-054. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Massey excused) 5. Consideration of Lease Agreement with the Fayetteville Area Chamber of Commerce for a portion of the Robert C. Williams Business Center for a period of ten years pursuant to N.C.G.S. § 160A-272. City Attorney Robert Cogswell presented this item, noting this was a ten-year lease with no options to take it beyond the ten years. Mr. Cogswell pointed out there was a section in the lease which provided the right to expand but it would start the process over again and the Council would have to approve it as a new lease. RESOLUTION AUTHORIZING LEASE OF CITY OF FAYETTEVILLE PROPERTY TO THE FAYETTEVILLE AREA CHAMBER OF COMMERCE. RESOLUTION NO. R1999-055. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Massey excused) Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1999. 6. P99-31F. Consideration of the rezoning from R15 and R10 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located at 6455 Cliffdale Road. Containing 14.78 acres more or less and being the property of Glenda Margerum, Patricia Haney, and Robena Shaw as evidenced by deeds recorded in Deed Book 2768, Pages 499 and 500; 2772; Pages 797 and 798; and 3208, Pages 97 and 98, Cumberland County Registry. Mr. Victor Sharpe, Planning Services Manager, presented this item, noting the location, zoning history, surrounding land uses, and the 2010 Land Use Plan which recommended medium density residential. Mr. Sharpe stated the Zoning Commission had held a public hearing and recommended rezoning to R5A Residential District instead of R5. He noted the Council could either hold a public hearing or go with the Commission's recommendation. A discussion was held regarding the zoning requirements for both R5 and R5A. MOTION: Councilmember Kendrick moved to approve the rezoning to R5A. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Massey excused) 7. Report on access requirements to residential developments: A. General requirements and guidelines. Mr. Jimmy Teal, Chief Planning Officer, presented a report on access requirements to subdivisions and multi-family developments. Mr. Teal explained that Chapter 27 of the Code of Ordinances established the rules and guidelines for development with the Planning Department handling the administration of processing the submission of preliminary subdivision plats and group developments. Mr. Teal stated there was a cooperative effort by all departments on the plan reviews and there was an eight-calendar-day turnaround time. He stated if a developer disagreed with the staff's decision, then an appeal could be made to the Planning Commission. B. Proposal to address concerns raised by the Briarcliffe Condominium Association. Mr. Teal recommended the staff work with the Briarcliffe Condominium Association on both the crime and perceived crime statistics by developing educational programs covering this area. He stated he would come back to the Council in six months with a report. A discussion was held regarding egress and ingress into new developments. Mr. Teal stated that two-way traffic was needed and the internal traffic flow was always studied. MOTION: Councilmember Cheek moved to direct the staff to continue to work with the Condominium Association and to have the Mayor write a letter on the Council's behalf expressing the Council's desire to work with the Association and to have them contact the Council with their concerns. SECOND: Councilmember Haire VOTE: UNANIMOUS (Councilmember Massey excused) 8. Consideration of the following actions related to joint purchasing between the City of Fayetteville, PWC and Cumberland County: A. Adopt resolution authorizing a joint purchasing agreement. RESOLUTION AUTHORIZING JOINT PURCHASING AGREEMENTS WITH THE CITY OF FAYETTEVILLE, CUMBERLAND COUNTY, AND FAYETTEVILLE PUBLIC WORKS COMMISSION. RESOLUTION NO. R1999-056. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. B. Approve Interlocal Agreement between the City of Fayetteville, PWC and Cumberland County for joint purchasing activity. Mr. Craig Hampton, Administrative Services Director, presented these items noting the documents would formalize the joint purchasing venture with the County. Mr. Hampton stated two joint bids had been done with the County and there were currently three bids out with both the County and PWC. MOTION: Mayor Pro Tem McBryde moved to adopt both A and B. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Massey excused) A discussion was held regarding the participation of Spring Lake and Hope Mills in the joint venture. Mr. Hampton stated they had decided not to participate in the purchasing at this time. 9. Consideration of establishment of county-wide human relations program. City Manager Roger Stancil presented this item. He requested authorization to work with the County to develop a plan to establish a county-wide Human Relations program. Mr. Stancil noted the County had already authorized the County Manager to work with the City on this plan. MOTION: Councilmember Smith moved to approve the request. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Massey excused) Councilmember Massey arrived at the meeting at 7:55 p.m. 10. Report from Policy Committee. Mayor Pro Tem McBryde presented these items. Mr. McBryde reported that the Angel statue had been referred to several committees and commissions for review and would come back to the Policy Committee before final submission to the Council. A. Review of appointments to Storm Water Advisory Board (designated engineer and experience in environmental-related field) and Personnel Review Board (human resources experience). Mayor Pro Tem McBryde reported that the Personnel Review Board issue was being sent back to the Policy Committee for further definition of Human Resource experience. Mayor Pro Tem McBryde recommended that the Storm Water Advisory Board appointees be designated as: (1) an engineer, (2) someone with experience in environmental related fields, and (3) at-large. MOTION: Mayor Pro Tem McBryde moved to make the change to the Storm Water Advisory Board membership as recommended. SECOND: Councilmember Cheek A discussion was held regarding the definition of experience in environmental-related fields. Councilmember Kizer stated he felt the person should be certified in environmental studies or should be someone who practices or knows these studies. Councilmember Massey stated he felt the definition should be as broad as possible. Councilmember Kizer responded that maybe it should be someone with formal training in the area. Councilmember Fogleman stated the Committee did not want to limit the appointment but felt that some environmental experience was needed. VOTE: UNANIMOUS B. Consideration of amendment to Section 33-3 adding two alternate members to the Zoning Commission. Mayor Pro Tem McBryde stated the Committee recommended adding two alternate voting members to the Zoning Commission and this would need to go to the Planning Commission for consideration. MOTION: Mayor Pro Tem McBryde moved to refer this to the Planning Commission. SECOND: Councilmember Worthy VOTE: UNANIMOUS City Attorney Robert Cogswell stated this action was needed because the addition of the Board of Adjustment functions required a four-fifths vote. C. Consideration of amendment to City Council Policy #110.2 exempting alternate appointees who do not get to serve more than 50 percent of their term from prohibition against more than two successive terms. MOTION: Mayor Pro Tem McBryde moved to approve the amendment to City Council Policy #110.2, appointments to boards and commissions. SECOND: Councilmember Kendrick Councilmember Cheek inquired as to how many terms an alternate could serve. Mr. Cogswell stated it was his interpretation they would get two terms, whether it was spaced out over six appointments or not and that would be it. VOTE: UNANIMOUS D. Consideration of amendment to City Council Policy #110.3 concerning process to vote on appointments to Boards and Commissions. Mayor Pro Tem McBryde recommended changing Policy #110.3, policy concerning appointments to commissions, boards, committees, etc. He noted the change would lengthen the amount of time for making appointments. MOTION: Mayor Pro Tem McBryde moved to approve the recommended change. SECOND: Councilmember Kizer A discussion was held regarding the proposed process. Mayor Pro Tem McBryde explained that a notice of vacancy would be given at one meeting, nominations would be made at the next two meetings, and at the fourth meeting, the official appointments would be made. VOTE: Passed by a vote of 11 in favor with Councilmember Massey in opposition. 11. Discussion of construction of a wall at the corner of Morganton Road and Skye Drive. (Requested by Councilmember Curtis Worthy) This item was removed from the agenda by Councilmember Worthy. 12. Report from staff concerning City services in the Bonnie Doone area. (Requested by Councilmember D.J. Haire) City Manager Roger Stancil presented the Council with a report on the Bonnie Doone area, which included the City's database from January 1999. Councilmember Haire stated that the Bonnie Doone neighborhood had concerns about street lighting, abandoned mobile homes, trash pickup, adult businesses which were close to the area, and potholes in the road. Mr. Stancil replied that a street lighting priority list was being prepared and would be brought back to the Council. He also stated he would address the Johnson Street lighting at that time. Mr. Frank Simpson, Inspections Director, stated he had been working with the mobile home park owners for over a year noting they had been allowing the mobile homes to be dismantled and disposed of because there was no place to take mobile homes for disposal. Mr. Simpson stated an informal agreement had been made but the agreement had not been honored and now formal proceedings have begun. Mr. Simpson further stated that the owner had been unable to find a contractor that could remove the trailers in the 30-day deadline and the owner's current goal was to rent the lots only and not have mobile homes. Mr. Simpson stated he had told the owner that he would not extend his 30-day time frame but once the contract had been let, the contractor would have to contact him immediately regarding compliance. Councilmember Talbot inquired as to where old mobile homes go. Mr. Stancil stated there was no place for disposal and that was why they had allowed them to be dismantled. Councilmember Talbot stated this issue should be looked into. Councilmember Haire inquired into the status of the park in this area. Mr. Stancil stated he would get that information. Councilmember Massey inquired as to what kind of legislation was available to facilitate the betterment of the neighborhoods and what could the City do to hasten this issue. Mr. Stancil stated he felt steps were being taken to address this multi-prong problem by use of the Community Improvement Team's database, studies such as the North Street's study, and the Human Relations' Study Circles. Councilmember Smith stated he felt the City should be given credit for the things it had done for the Bonnie Doone area in a 14-month time span. Mr. Smith stated he felt the City had made a lot of progress in an area that had been neglected for many years. 13. ADMINISTRATIVE REPORTS A. Report on request by the Fayetteville Appearance Commission to include the review of county and state facilities being constructed or refurbished within the corporate limits of Fayetteville. Mr. Stancil informed the Council that the Appearance Commission would be reviewing County and State facilities which were being constructed or refurbished within the corporate limits of Fayetteville. B. Report on City representation in outside organizations. Mr. Stancil stated he would like for the Council to give him direction as to his membership on outside boards and commissions, and he requested to refer this matter to the Policy Committee for discussion of either leaving things as they are, limiting any membership to ex officio status, prohibiting membership, requiring a City staff member to serve as an ex officio member of any board that receives City funds, or requiring a membership to be reserved for a Councilmember. Councilmember Smith requested that this also include the City Councilmembers. MOTION: Councilmember Kendrick moved to refer these two items to the Policy Committee. SECOND: Councilmember Talbot VOTE: UNANIMOUS C. Discussion on the wall on Morganton Road Mr. Stancil stated there had been many questions about how and where walls were built and how the decision had been made. City Attorney Robert Cogswell stated liability became an issue on the property at the corner of Churchill Drive and Morganton Road, due to the height of the wall and the fact that a child under 7 years of age could not be held contributory negligent if he fell off of that wall. As a result, a decision was made to put up an aluminum fence on all sites when a wall reached a certain height. Mr. Cogswell explained that the original plan on Morganton Road was to take advantage of the natural slopes, but it had been determined that doing that would require more property than the property owners were willing to give and it would also destroy the trees in the area. He stated an engineering and Council decision had been made to put walls up when something needed to be retained. Mr. Cogswell further explained that a two-to-one slope was engineeringly permissible. Councilmember Kizer pointed out that there needed to be ground cover on a two-to-one slope. A discussion was held regarding the funding of the Morganton Road Sidewalk project and the safety issues on Skye Drive that had required the removal of unsafe timbers and a change in the slope. Mr. Stancil stated the Council had decided it would like a design that would keep the trees and the current look of the area. Mr. Craig Hampton, Administrative Services Director, stated the encroachment on the property was as much as 80 feet and the wall being used cost $19 a square foot and was the same design that had been used in two recreation centers and on Purdue Drive. He stated this would carry out the same style throughout the City and the wall was easy to maintain. 14. Consideration of request for closed session to discuss land acquisition. This item was removed from the agenda. INFORMATION ON PUBLIC HEARINGS SET: SEPTEMBER 7, 1999: 1. Consideration of speed limit reduction for Howell Street from Langdon Street to its end. 2. Consideration of speed limit reduction for the following streets in North Lake/Oakland Subdivisions: Andover Road from City Limit (near Oates Drive) to its end; Newburgh Drive from Oates Drive to its end; Oates Drive from Andover Road to City Limit; Royston Court from Rustic Haven Court to its end; Rustic Haven Court from Newburgh Drive to City Limit. INFORMATION ITEMS: 1. Statement of taxes collected for the month of August, 1999 from the Cumberland County Tax Administrator. 1999 Taxes $273,177.00 1999 Vehicle Taxes 353,787.49 1999 Revit 186.63 1999 Vehicle Revit 411.59 1999 FVT 30,985.00 1999 Storm Water 21,212.23 1998 Taxes 42,620.68 1998 Vehicle Taxes 78,594.22 1998 Revit 12.52 1998 Vehicle Revit 45.27 1998 FVT 10,278.67 1998 Storm Water 3,379.76 1997 Taxes 6,345.02 1997 Vehicle Taxes 1,435.80 1997 Revit 17.77 1997 Vehicle Revit 0.00 1997 FVT 285.00 1997 Storm Water 619.77 1996 Taxes 3,630.96 1996 Vehicle Taxes 300.53 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 35.00 1996 Storm Water 260.55 1995 & Prior Taxes 2,521.01 1995 & Prior Vehicle Taxes 85.83 1995 & Prior Revit 0.00 1995 & Prior Vehicle Revit 0.00 1995 & Prior FVT 55.00 1995 Storm Water 158.31 Interest 8,790.82 Interest (Revit) 4.06 Interest (Storm Water) 434.50 Fayetteville Discount (5,467.40) Revit. Discount (3.72) Total Collections $834,199.87 2. Copy of settlement of fiscal year July 1, 1998, through June, 30, 1999, from the Cumberland County Tax Administrator. Charge: Charge 1998 $26,035,351.10 Charge 1998 Storm Water 1,833,798.00 Charge 1998 Vehicles 3,759,078.36 Added Charge 1998 361,335.23 Added Charge Storm Water 1998 6,612.00 Total Interest Collected 187,410.14 Total Discount 291,982.27 $31,891,602.56 Credits: Deposit with Finance $28,546,402.43 Total Discount Allowed 291,982.27 Storm Water Deposited with Finance 1,802,353.45 Interest Deposited with Finance 187,410.14 $30,244,183.75 Releases Allowed $ 432,151.06 Storm Water Releases Allowed 780.00 Real and Personal Balance 1,177,211.20 Storm Water Balance 37,276.55 Adjustments 0.00 $ 1,647,418.81 Charge: Real and Personal Balance 1997 $ 1,036,682.41 Real and Personal Balance 1996 399,145.24 Real and Personal Balance 1995 and Prior 872,333.62 Storm Water Balance 1997 49,833.98 Storm Water Balance 1996 23,588.36 Storm Water Balance 1995 and Prior 16,502.22 $ 2,398,085.83 Barred by Statute: Barred by Statute $ 52,363.54 Credit for Five Year and Prior Insolvents 0.00 $ 52,363.54 Credits: Real and Personal Collected 1997 $ 589,982.41 Real and Personal Collected 1996 120,204.23 Real and Personal Collected 1995 and Prior 108,464.35 Storm Water Collected 1997 27,802.97 Storm Water Collected 1996 12,056.13 Storm Water Collected 1995 and Prior 5,146.21 Releases Allowed 1997 62,290.49 Releases Allowed 1996 10,125.15 Release Allowed 1995 and Prior 8,714.16 Storm Water Releases Allowed 1997 456.00 Storm Water Releases Allowed 1996 408.00 Storm Water Release Allowed 1995 and Prior 60.00 Real and Personal Balance 1997 384,409.51 Real and Personal Balance 1996 268,815.86 Real and Personal Balance 1995 and Prior 755,155.11 Storm Water Balance 1997 21,575.01 Storm Water Balance 1996 11,124.23 Storm Water Balance 1995 and Prior 11,296.01 Adjustment 0.00 $ 2,398,085.83 3. Letter from N.C. DOT regarding improvements at the intersection of NC24 (Bragg Blvd)/Ames Street/Filter Plant Road. 4. Thank you letter from Ashley Rozier regarding additional services provided for FAST customers at the bus terminal hub on the corner of Franklin/Ray Avenue. 5. Statistical data from Planning Department based on map of Future City. 6. Status report on Phase II, IIIA and IIIB annexation projects. 7. Copy of letter sent to residents of Area III-B regarding assessment for sewer. 8. Information from NC Coalition for Public Transportation on the 1999 NC Legislative Session Summary. 9. FACVB - minutes of July 8, 1999. 10. Planning Department - monthly report for July, 1999. (Inserted in packet) MOTION: Mayor Pro Tem McBryde moved to adjourn. SECOND: Councilmember Kizer VOTE: UNANIMOUS The meeting adjourned at 8:50 p.m. INFORMATION MEETING AUGUST 23, 1999 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER AUGUST 23, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); James M. Kizer, Jr. (at-large); Anne D. Fogleman (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3) (arrived at 7:10 p.m.); Darrell J. Haire (District 4) (arrived at 7:55 p.m.); Suzan K. Cheek (District 5)(left the meeting at 7:50 p.m.); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Kendrick, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented Mr. James Eddie Ridgen, MDA coordinator for the Fayetteville Firefighters, a proclamation proclaiming the week of August 23, 1999, through August 29, 1999, as Firefighter Appreciation Week. Mayor Dawkins commended the Fayetteville Firefighters for their work with the Muscular Dystrophy Association. 1. APPROVAL OF AGENDA MOTION: Mayor Pro Tem McBryde moved to excuse Councilmembers Haire and Massey until they arrived at the meeting, and Councilmember Cheek when she departed the meeting. SECOND: Councilmember Fogleman VOTE: UNANIMOUS City Manager Roger Stancil requested to add Item 7.C, a closed session to discuss economic development, to the agenda. MOTION: Councilmember Kizer moved to approve the agenda with the addition of Item 7.C. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmembers Haire and Massey excused) Councilmember Massey arrived at 7:10 p.m. 2. Consideration of request for City Council support of grant application for the N.C. DOT Enhancement Funds for the restoration of the Cape Fear Yadkin Valley Railway passenger depot and downtown historic trolley tour. Mr. Douglas Traub, CEO/President of the Fayetteville Area Convention and Visitors Bureau, made a presentation to the Council regarding a grant application for $3.8 million from the Transportation Enhancement Fund of the North Carolina Department of Transportation to be used for a three-phase development plan to restore the Cape Fear and Yadkin Valley Railroad Passenger Depot constructed in 1890, and to acquire three Chance Coach American Heritage Streetcars. Mr. Traub stated the plans were to develop a 60-minute narrated historic tour of the Downtown National Register District using these streetcars. Mr. Traub reviewed the plans for each of the three phases of the project. He presented the following projections and requests for funding of the required matching funds of $1 million: City of Fayetteville $448,199 Land 15,000 Legal operating expense 5,400 Environmental clearance 2,500 Design Subtotal $471,099 (In kind capital) $15,000 Propane 22,500 Vehicle maintenance 6,000 Janitorial exterior premises 6,000 Landscape Subtotal $49,500 (In-kind annual operating support Cumberland County $80,000 FY00 cash 80,000 FY01 cash 80,000 FY02 cash 80,000 FY03 cash Subtotal $320,000 Fayetteville Area Convention & Visitors Bureau $80,000 FY00 cash 80,000 FY01 cash 80,000 FY02 cash 80,000 FY03 cash Subtotal $320,000 $225,000 Marketing 10,000 Building Maintenance 10,000 Trolley Maintenance 7,500 Exterior Janitor 8,000 Exterior Utilities 84,000 Staffing 10,000 Miscellaneous Subtotal $354,500 (Annual operating support) Public Works Commission $80,000 FY00 cash 80,000 FY01 cash 80,000 FY02 cash 80,000 FY03 cash Subtotal $320,000 Total Matching Funds Cash $960,000 = 20% Total Matching Funds In Kind 471,099 = 10% Total Annual Operating Support 404,000 Total Matching Funds Requested $3,830,576 Mr. Traub gave a timeline of January 2000 for the grant approval date and a projection the historic building would open and the trolley would be running in April of 2003. Mr. Traub asked the Council to approve the resolution supporting an increase in the occupancy tax levied in Cumberland County from 3 percent to 6 percent. He stated the Fayetteville Area Hospitality Association supported the increase if all of the new occupancy tax money was invested in the Visitors Bureau and used for the marketing of our community and as long as the board remained controlled by a majority of hoteliers. Mr. Traub also asked for approval of the resolution authorizing the City to enter into an economic development contract which would have the City accepting liability for the project in the event the Visitors Bureau dissolved and the City had to step into its place. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE SUPPORTING AN INCREASE IN THE OCCUPANCY TAX LEVIED IN CUMBERLAND COUNTY. RESOLUTION NO. R1999-057. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE SUPPORTING THE NOMINATION OF THE CAPE FEAR AND YADKIN VALLEY RAILWAY DEPOT PROJECT FOR TRANSPORTATION ENHANCEMENT PROGRAM FUNDING. RESOLUTION NO. R1999-058. MOTION: Mayor Pro Tem McBryde moved to pass both resolutions. SECOND: Councilmember Cheek Mr. Traub stated he had requested the Mayor to send a letter to 30 outside organizations requesting their support in this project. Councilmember Smith stated that as a marketing sponsorship type person, anytime he asked for cash donations and someone was inclined to give $320,000, that would buy industry-exclusivity and he hoped that if PWC donated $320,000, this would be the case and the competition would not be involved with it. Mr. Traub stated he would agree to that. A discussion was held regarding the number of sponsors, the feasibility of the occupancy tax increase, and the City's participation in the project. Councilmember Talbot expressed his concern that over half of the proposed sponsors currently receive financial support from the City and/or the County and he did not want to see an increase in their requests for funding. Councilmember Cheek stated she felt that anyone who wanted to contribute to the project should be able to do so and they should be able to contact the Mayor or City Manager's office if they were interested. Councilmember Worthy requested that the list of sponsors be enhanced in order to help the funding process. VOTE: UNANIMOUS (Councilmember Haire excused) Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1999. 3. Consideration of application to the National Study Circles Center for funding to implement a study circles youth project. City Manager Roger Stancil presented this item. Mr. Stancil stated the City's Study Circle program had been successful and the grant application for $30,000 was geared toward youth participation. He recommended authorizing the execution of the grant application. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Haire excused) Mr. Stancil noted that Fayetteville was at the top of the list for Study Circles and was currently being used as an example for other communities to follow. 4. Consideration of referring discussion of City role in downtown development to the City Council Development Committee. (Requested by Councilmember Suzan Cheek) Councilmember Cheek presented this item noting for the public that interest in the downtown was not dissolving and she felt it was important to go forward and continue with the programs. Councilmember Cheek stated a steering committee was being appointed with Mr. Harry Whalen as chair to determine the direction that should be taken to continue the downtown programs. Councilmember Cheek asked the Council if they would be interested in referring this to the Council's Development Committee as a means of keeping track of and being a liaison with the groups interested in the downtown program. She stated Mr. Stancil was continuing to meet with the Downtown Vision Committee and the executive directors of the organizations involved in downtown. Councilmember Cheek stated her concerns were to stay in touch with the new steering committee, to continue the City's responsibilities to things going on downtown, and to see that the ball does not get dropped. MOTION: Councilmember Cheek moved to refer to the Council's Development Committee. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Haire excused) Councilmember Cheek left the meeting at 7:50 p.m. Councilmember Haire arrived at 7:55 p.m. 5. Report on new budget calendar. City Manager Roger Stancil presented the Fiscal Year 2000-2001 tentative budget calendar and process. Mr. Stancil stated his goal was to provide relevant and valid information so informed choices could be made by the Council. He stated he was trying to focus the energy and creativity of the City's management team on the most crucial aspects of the budget, especially pay for the employees. MOTION: Councilmember Smith moved that within the boundaries possible that the Council and staff adhere to the proposed schedule. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Cheek excused) 6. Report on semiannual review of City Council Goals and activity. City Manager Roger Stancil presented a six-month review of the City Council's achieved goals and accomplishments. Councilmembers expressed their appreciation to the staff and Mr. Stancil for all of the work that had been done to help them attain a great portion of their goals. Councilmember Fogleman requested that the staff not give up on the recycling project. 7. ADMINISTRATIVE REPORTS A. Report on International Folk Festival City Manager Roger Stancil stated he would take the funding that had been set aside for the International Folk Festival and proceed with making it a successful festival. He noted no action was required by the Council. B. Update on yard waste for commercial roll-outs Mr. Stancil stated that he had had a lot of discussions with mobile home park managers about how to deal with yard waste and as a result, he was presenting the following recommendations. 1. Leaf season: Leaf pickup will be provided during leaf season. A factor to consider, however, is that leaf pickup during this season is from the right-of-way. We do not generally go on private property to pick up leaves. This service is available to anyone. 2. White goods: Continued pickup of white goods will be on a call and schedule basis. 3. Weekly yard waste: The property owner must make arrangements to dispose of this waste. If there is a large volume they cannot deal with, the City will schedule a pickup with no charge for hauling but a reimbursement of the tipping fee charged by the county will be paid by the owner. A discussion was held regarding the cost of weekly yard waste for commercial roll-outs, and the possibility of a fee-based service charge to dispose of leaves collected after the current leaf season had expired. Councilmember Worthy requested that information be returned to the Council regarding the number of swimming pools in other cities. INFORMATION ITEMS: 1. Copy of letter from Board of Elections requesting use of Fire Station #6 for polling site. 2. Copy of letter from PWC to NCDENR regarding Jordan Lake Interbasin Transfer and Water Withdrawal issues. MOTION: Councilmember Milligan moved to have the Mayor do a letter in support of Mr. Noland's letter. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Cheek excused) 3. Update on traffic signal installation at Bragg Boulevard and Ames Street. 4. Letter from United Developers announcing approved funding for the Blanton Green Apartments project. 5. Acknowledgment letter from IOG for 1999-00 membership dues from City. 6. Airborne and Special Operations Foundation - minutes of July 22, 1999. 7. PWC - minutes of July 28, 1999. 8. Rape Crisis - minutes of July 22, 1999. 9. Cape Fear Botanical Garden - minutes of July 15, 1999. 10. FAEDC - minutes of July 20, 1999. 7.C. Closed session to discuss economic development. MOTION: Mayor Pro Tem McBryde moved to go into closed session to discuss economic development. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Cheek excused) The closed session began at 8:45 p.m. and the regular session resumed at 9:19 p.m. MOTION: Mayor Pro Tem McBryde moved to adjourn the meeting. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Cheek excused) The meeting adjourned at 9:20 p.m. REGULAR MEETING SEPTEMBER 7, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 7, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); James M. Kizer, Jr. (at-large); Anne D. Fogleman (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Ben Brown, Chief Development Officer Craig Hampton, Administrative Services Director Kumar Nepalli, City Traffic Engineer Victor Sharpe, Planning Services Manager Kathy Kem, Planner II Tom McNeill, PWC Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Louise Hilbert, of St. James Lutheran Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented Ms. Susan Hyatt, Chair of the Historic Resources Commission, with a Certificate Designating the Downtown Historic District as a National Historic District. Mayor Dawkins announced the Character Education Concept for September 1999 was respect. 1. APPROVAL OF AGENDA Councilmember Kizer requested to abstain from discussion or voting on Item 3.C. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Kizer from discussion or voting on Item 3.C. SECOND: Councilmember Fogleman VOTE: UNANIMOUS City Manager Roger Stancil gave the Council revised figures on Item 2.G., the Airport Grant item. He reported to the Council that under Item 2.H, the only condemnation that would need to be approved would be Parcel S-33. Mr. Stancil stated that in Item 4 the recommended action was to approve the contract and to approve the calendar for the nonprofit organizations. City Attorney Robert Cogswell requested to add litigation to the closed session in Item 8. MOTION: Councilmember Kizer moved to approve the agenda with the changes. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull Items 2.D and 2.I for discussion. MOTION: Councilmember Kizer moved to approve the consent agenda with the exception of Items 2.D and 2.I. SECOND: Councilmember Massey VOTE: UNANIMOUS The following items were unanimously approved: A. Approve tax refunds greater than $100. Name Year Basis City Refund Doane, Craig M. 1997 Military Non-resident $101.43 Atkinson, Craig A. 1997 Military Non-resident 125.29 Pomerans Medical Clinic In. 1998 Clerical Error 149.20 Ashton Development Group, Inc. 1997 Taxpayer listed a piece of leased equipment 337.18 Total $713.10 B. Approve request for permit for special event signs from the Home Builders Association. C. Refer to the Council Development Committee a proposed Downtown Facade Program. D. Pulled for discussion by Councilmember Kendrick. E. Refer to the Council Transportation Committee the prohibiting of on-street parking on Council Street. (Requested by Councilmember Darrell Haire) F. Adopt the following ordinances amending Chapter 20, Motor Vehicles and Traffic, for speed limits on Ramsey Street as requested by NCDOT: 1. 45 miles per hour speed limit on SR 2311, from a point 0.14 mile south of US 401 Business (Martin Luther King Freeway), northward to US 401 Business (Martin Luther King Freeway). AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL. ORDINANCE NO. NS1999-014. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. 2. 45 miles per hour speed limit on US 401 Business, from SR 2311 (Ramsey Street) northward to US 401 Bypass (Country Club Drive). (Except a 35 mph zone at Luther "Nick" Jeralds School in effect from 30 minutes before to 30 minutes after school begins and ends on school days only and except a 35 mph zone at Reid Ross School in effect from 30 minutes before to 30 minutes after school begins and ends on school days only). AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL. ORDINANCE NO. NS1999-015. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. G. Approve the following Airport financial matters: 1. Authorize Mayor to execute 1998-1999 FAA AIP Grant for the following Airport Projects: a. Construction of 800 feet of Airport Road contiguous to NCDOT's improvement to Airport Road. b. Engineering, Design and Planning to evaluate runway safety areas on all four approaches. c Phase 1 Security System Upgrade Hardware/Software. d. Modification to Jet-bridge B3 to accept regional jet aircraft. 2. Adopt the following budget matters: a. Capital Project Ordinance Amendment 99-15 (Airport Road Construction and Signage) Capital Project Ordinance Amendment 99-15 appropriates an additional $330,424 in grant and local match proceeds for road construction and signage on Airport Road. This ordinance amendment consists of $315,382 federal grant (90% of the total project), $17,521 state grant (5% of the total project), and a $2,479 reduction in the Airport's local match, resulting in a local match of $17,521 (5% of the project). City Council approved the municipal agreement with the North Carolina Department of Transportation for the road construction on October 6, 1997. b. Capital Project Ordinance Amendment 2000-1 (Airport Jet-Bridge Modifications) Capital Project Ordinance Amendment 2000-1 appropriates an additional $32,695 in grant and local match proceeds for modifications to the B3 loading bridge at the Airport. The source of funds for the amendment is as follows: $29,425 federal (90%), $1,635 state (5%), and $1,635 local match from the Airport Operating Fund (5%). The total cost of the modifications is budgeted at $46,195. The architectural/engineering contract for this project was awarded to HNTB at the March 15, 1999, City Council meeting. c. Capital Project Ordinance 2000-2 (Airport Security System Upgrade) Capital Project Ordinance 2000-2 appropriates funds for the first phase of the Airport security system upgrade. HNTB was awarded the architectural/engineering contract for this project at the August 2, 1999, City Council meeting. The total cost of the project is estimated at $70,815. The source of funds for this project is a federal grant of $63,733 (90%), state grant of $3,541 (5%), and a local match from the Airport Operating Fund of $3,541. H. Approve condemnation to obtain real estate in support of the Bragg Boulevard Sidewalk Project. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY-PARCEL S-33. RESOLUTION NO. R1999-059. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. I. Pulled for discussion by Councilmember Kendrick. J. Approve the following actions related to ammunition: (Joint Purchasing - City and County) 1. Award contract to Arrington Police Distributors, Inc. (Greensboro, NC) for the immediate purchase of ammunition in the amount of $28,801.60. 2. Award continuing contract for ammunition to Arrington Police Distributors, Inc., through FY2001/2002 subject to annual appropriations and vendor performance, in the amount of $63,773.35 to include performance bond cost. Bids were received as follows: Arrington Police Distributors, Inc. (Greensboro, NC) $63,773.35 Jim's Gun Jobbery, Inc. (Fayetteville, NC) $80,556.16 Southern Public Safety Equipment Co., Inc. (Greensboro, NC) (Partial Bid) $7,100.73 3. Waive Performance bond due to payment schedule; ammunition will be ordered on an as-needed basis and paid for upon receipt of order. K. Reject bid received for photographic supplies, films, papers and chemicals; waive performance bond requirement for re-advertisement of bid due to payment schedule; photographic supplies, films, papers and chemicals will be ordered on an as-needed basis and will not be paid for until items have been received by City. (Joint purchasing - City and County) L. Award contract for purchase of three Crane Carrier "Low Entry Tilt" cab and chassis to Southern Truck Services (Charlotte, NC), using the Purchase From Established Contracts clause as authorized per G.S. 143-129 amended on July 1, 1997, in the amount of $242,577.00. M. Award contract purchase of three Heil Dura-Pack 5000 25 yard rear loaders to Heil Environmental Services, LTD, (Chattanooga, TN), in the amount of $122,520.00, using the purchase from Established Contracts (piggybacking) clause as authorized per G.S. 143-129 amended on July 1, 1997. N. Award contract for purchase of one Latent Station 2000 with printers and remote communications package to Printrak International, Inc. (Anaheim, CA), in the amount of $124,000.00, using the purchase from Established Contracts (piggybacking) clause as authorized per G.S. 143-129 amended on July 1, 1997. O. P99-40F. Approve the addition of MHO Manufactured Home Overlay District in an R6 Residential District for an area located at 1407 Rhone Street and to the rear of that property. Containing .87 acres more or less and being the property of Norman & Addie Melvin as evidenced by deeds recorded in Deed Book 3590, Page 517; and 3658, Page 98, respectively, Cumberland County Registry. P. Award contract for construction of utilities in Summerhill Subdivision; Fayetteville Annexation 1998, Phase III-A, to R. H. Moore (Murrells Inlet, SC), low bid, in the amount of $1,093,690.00. (PWC) Bids were received as follows: R.H. Moore (Murrells Inlet, SC) $1,093,690.00 Phillips & Jordan (Robinsville, NC) $1,160,145.48 State Utility Contractors (Monroe, NC) $1,239,330.70 Sanford Contractors (Sanford, NC) $1,245,936.38 T.A. Loving (Goldsboro, NC) $1,285,952.00 McClam & Associates (Little Mountain, SC) $1,351,712.20 Dellinger, Inc. (Monroe, NC) $1,835,041.00 Q. Award contract for construction of utilities in Cottonade Section III; Fayetteville Annexation 1998, Phase III-A, to Sanford Contractors (Sanford, NC), low bid, in the amount of $1,104,116.29. (PWC) Bids were received as follows: Sanford Contractors (Sanford, NC) $1,104,116.29 State Utility Contractors (Monroe, NC) $1,202,612.50 T.A. Loving (Goldsboro, NC) $1,316,290.00 McClam & Associates (Little Mountain, SC) $1,490,840.00 Dellinger, Inc. (Monroe, NC) $1,714,922.50 R. Award contract for construction of the Little Rockfish Sewer Outfall to R. H. Moore (Murrells Inlet, SC), low bid, in the amount of $2,777,723.00. (PWC) Bids were received as follows: R.H. Moore (Murrells Inlet, SC) $2,777,723.00 ES&J Enterprises (Autryville, NC) $2,838,936.00 Central Builders (Rocky Mount, NC) $2,959,753.50 Bryant Electric (Archdale, NC) $3,328,896.00 McClam & Associates (Little Mountain, NC) $3,355,366.50 T.A. Loving (Goldsboro, NC) $3,519,555.00 Brewers Excavating (King, NC) $3,689,741.00 Dellinger, Inc. (Monroe, NC) $3,982,859.45 B.F. McMahon, Inc. (Columbia, SC) $4,070,183.00 State Utility (Monroe, NC) $4,824,132.00 S. Adopt Resolution authorizing advertisement of a proposed sale of surplus PWC property fronting on Robeson Street and known as the Raeford Road substation. RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1999-060. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. D. Adopt ordinance setting $250.00 as the penalty for violation of the local truck route ordinance. This item was pulled for discussion by Councilmember Kendrick. Councilmember Kendrick inquired about the enforceability of the ordinance. City Attorney Robert Cogswell stated the enforcement would be problematic but the current $5 penalty was not a deterrent. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ADDING A NEW 20.36, CREATING A PENALTY FOR VIOLATION OF THE LOCAL TRUCK ROUTE ORDINANCE. ORDINANCE NO. S1999-013. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Cheek VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1999. I. Award construction contract for Buckhead Creek Mitigation to KCI Environmental Technologies and Construction, Inc. (Raleigh, NC), low bid, in the amount of $247,497.00. Bids were received as follows: Environmental Technologies and Construction $247,497.00 Bunce Construction Company $318,403.00 Atlas Resource Management $453,976.00 Phillips & Jordan, Inc. $509,398.97 ES & J Enterprises, Inc. $716,500.00 Councilmember Kendrick pulled this item for discussion. He requested a beginning and ending date for completion of the project. Mr. Craig Hampton, Administrative Services Director, stated the project would begin on October 7, 1999, and would be completed by January 7, 2000. MOTION: Councilmember Kendrick moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS 3. PUBLIC HEARINGS: A. Consideration of adoption of an ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce the speed limit to 25 miles per hour for Howell Street from Langdon Street to its end. Mr. Kumar Nepalli, City Traffic Engineer presented this item. Mr. Nepalli recommended adoption of the ordinance. The public hearing advertised for this date and time was opened. There was no one present to speak and the public hearing closed. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL. ORDINANCE NO. NS1999-016. MOTION: Councilmember Haire moved to adopt the ordinance. SECOND: Councilmember Worthy VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. B. Consideration of adoption of an ordinance amending Chapter 20, speed limit reduction for the following streets in North Lake/Oakland Subdivisions: Andover Road from City Limit (near Oates Drive) to its end; Newburgh Drive from Oates Drive to its end; Oates Drive from Andover Road to City Limit; Royston Court from Rustic Haven Court to its end; Rustic Haven Court from Newburgh Drive to City Limit Mr. Kumar Nepalli, City Traffic Engineer, presented this item. Mr. Nepalli recommended adoption of the ordinance. The public hearing advertised for this date and time was opened. There was no one present to speak and the public hearing closed. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL. ORDINANCE NO. NS1999-017. MOTION: Councilmember Milligan moved to adopt the ordinance. SECOND: Councilmember Worthy VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. C. Consideration of adoption of a Final Resolution ordering an extension of the sanitary sewer collection system of the City of Fayetteville into all or a portion of those streets in Annexation Area 3B (Lafayette Village/South Hills/Gallup Acres): Durant Drive, Spears Drive, Dairy Drive, Williamsburgh Drive, Richmond Drive, Jefferson Drive, Gallup Drive, Duke Street, South side of Raeford Road, Cypress Road, Walnut Drive, Cottonwood Drive, Tupelo Circle, Odom Drive, Wicker Court, Hurley Drive, Bowling Green Drive, Cagle Court, Keyboard Lane, Barwin Drive, Redwood Drive, Ellsworth Street, Japonica Drive, Hope Mills Road, Elder Lane, Banyan Road, Sequoia Road, Sandalwood Road, Eucalyptus Road, Catalpa Road, Spruce Drive, Palm Circle, Popular Drive, Birch Road, Cherry Lane, Hemlock Drive, Ponderosa Drive, Bayleaf Drive, Palmetto Lane, Utile Road, Tulip Drive and Juniper Drive.(PWC) Mr. Tom McNeill, PWC, presented this item noting the schedule of events and the projected assessment costs of $2,815,000 to include the main and lateral charge. Mr. McNeill recommended adoption of the ordinance ordering the service be installed, and the payment option be for a ten-year term. The public hearing advertised for this date and time was opened. There was no one present to speak and the public hearing closed. FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, INTO ALL OR A PORTION OF: DURANT DRIVE, SPEARS DRIVE, DAIRY DRIVE, WILLIAMSBURGH DRIVE, RICHMOND DRIVE, JEFFERSON DRIVE, GALLUP DRIVE, DUKE STREET, SOUTH SIDE OF RAEFORD ROAD, CYPRESS ROAD, WALNUT DRIVE, COTTONWOOD DRIVE, TUPELO CIRCLE, ODOM DRIVE, WICKER COURT, HURLEY DRIVE, BOWLING GREEN DRIVE, CAGLE COURT, KEYBOARD LANE, BARWIN DRIVE, REDWOOD DRIVE, ELLSWORTH STREET, JAPONICA DRIVE, HOPE MILLS ROAD, ELDER LANE, BANYAN ROAD, SEQUOIA ROAD, SANDALWOOD ROAD, EUCALYPTUS ROAD, CATALPA ROAD, SPRUCE DRIVE, PALM CIRCLE, POPLAR DRIVE, BIRCH ROAD, CHERRY LANE, HEMLOCK DRIVE, PONDEROSA DRIVE, BAYLEAF DRIVE, PALMETTO LANE, UTILE ROAD, TULIP DRIVE AND JUNIPER DRIVE. RESOLUTION NO. R1999-061. MOTION: Councilmember Smith moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Kizer abstaining) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. D. P99-36F. Consideration of the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1065 Progress Street. Containing 2.22 acres more or less and being the property of New Bethel Pentecostal Holiness Church as evidenced by deeds recorded in Deed Book 2956, Page 529; 3473, Page 695; 4305 Page 35; and 3616, Page 908, Cumberland County Registry. Ms. Kathy Kem, Planning Staff, presented this item noting the current land use, the 2010 Land Use Plan, and the rezoning history. Ms. Kem stated the Zoning Commission recommended approval of the rezoning and the staff recommended denial because a C1 Local Business District would impose further encroachment of nonresidential uses in a predominantly residential neighborhood. A discussion was held regarding the types of businesses which could be placed in a C1 zoning district. The advertised public hearing opened. Mr. Jerry D. Swinney, 1065 Progress Street, Fayetteville, NC, appeared in favor of the rezoning. There was no one further to speak either in favor or opposition and the public hearing closed. MOTION: Councilmember Worthy moved to approve the rezoning to C1. SECOND: Councilmember Williams A discussion was held regarding the pros and cons of rezoning the property. VOTE: Passed by a vote of 8 in favor (Councilmembers Haire, Massey, Milligan, Williams, Kizer, McBryde, Worthy, and Talbot) to 4 in opposition (Councilmembers Fogleman, Cheek, Smith, and Kendrick) E. P99-38F. Consideration of the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 3311 Rosehill Road. Containing .46 acres more or less and being the property of Robbie & Joseph Hale as evidenced by deeds recorded in Deed Book 2971, Page 597, Cumberland County Registry. Mr. Victor Sharpe, Planning Service Manager, presented this item. Mr. Sharpe reviewed the current land use, the 2010 Land Use Plan, and the rezoning history. He stated the Zoning Commission recommended by a vote of 3 to 2 to approve the rezoning. The Planning Staff recommended denial because the 2010 Land Use Plan recommends professional uses at this site and because the C1 Local Business District would promote future strip development along Rosehill Road. The public hearing advertised for this date and time was opened. Mr. Joseph E. Hale, 3311 Rosehill Road, Fayetteville, NC; Mrs. Robbie M. Hale, 3311 Rosehill Road, Fayetteville, NC; and Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, appeared in favor of the rezoning. There was no one present to speak in opposition and the public hearing closed. MOTION: Councilmember Worthy moved to rezone the property as recommended. SECOND: Councilmember Williams A discussion was held regarding the difference between C1 and C1P zoning districts, the need for neighborhood buffering, and the issue of economic development. VOTE: Passed by a vote of 8 in favor (Councilmembers Talbot, Worthy, Cheek, McBryde, Kizer, Williams, Massey, and Haire) to 4 in opposition (Councilmembers Fogleman, Kendrick, Smith, and Milligan) F. P99-39F. Consideration of an application by Steve McEvoy for GTE Wireless for a Special Use Permit for a Tower as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1), in an R10 Residential District for an area located at 1651 Pamalee Drive. Containing .20 acres more or less (lease area) and being the property of the City of Fayetteville, PWC; as evidenced by deed recorded in Deed Book 601, Page 248; Cumberland County Registry. Ms. Kathy Kem presented this item. Ms. Kem reviewed the site plan, the zoning map, the current land use, and the 2010 Land Use Map. She stated the Zoning Commission had unanimously recommended approval of the Special Use Permit, but the Planning staff could not make a recommendation for approval or denial because the Council would need to make the decision based on the evidence presented and make the findings of fact as set out in the Fayetteville City Code, Chapter 32, Zoning, Sections 32-22(17.1)(a) through (y). A discussion was held regarding the buffering requirements for the tower site and PWC's substation. Mayor Dawkins opened the public hearing. After being sworn in, Mr. Scott Smith, GTE Wireless, 6501 Weston Parkway, Cary, NC, and Mr. Shawn Mercer, GTE Wireless, Cary NC, appeared in favor of the granting of a Special Use Permit. There was no one to speak in opposition and the public hearing closed. Further discussion was held regarding the use of trees to buffer the equipment surrounding the tower. Councilmember Haire stated the neighborhood was not opposed to the tower. MOTION: Councilmember Haire moved to approve with the Findings of Fact as set out by Ms. Kem. SECOND: Councilmember Kendrick VOTE: UNANIMOUS G. P99-41F. Consideration of the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 150, 152, & 154 N. McPherson Church Road. Containing .63 acres more or less and being the property of Dan & Ellenor Barker as evidenced by deed recorded in Deed Book 2411, Page 483, Cumberland County Registry. Mr. Victor Sharpe, Planning Services Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended approval of the rezoning and the staff recommended denial based on the 2010 Land Use Plan recommendations. This is the advertised public hearing set for this date and time. Mayor Dawkins opened the public hearing. Mr. Tom Barker, 1804 Beechtree Road, Greensboro, NC, and Mr. Dan Barker, 2921 Skye Drive, Fayetteville, NC, appeared in favor of the rezoning. There was no one to speak in opposition and the public hearing closed. MOTION: Councilmember Worthy moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS H. P98-19F. Consideration of revisions and amendments to Chapter 32, Zoning, Article III, General Provisions, Section 32-5, Definitions, by adding Section 32-5 (9.1), Family Care and Group Homes, and (10.01), Handicapped Person, and by adding to Article IV District Use Regulations, Section 32-22, R15 Residential District, Family Care and Group Homes, as a permitted use and requiring 2,640 feet (one-half mile) distance separation from an existing Family Care or Group Home. Mr. Victor Sharpe, Planning Services Manager, presented this item. Mr. Sharpe reviewed the history of this ordinance and presented a chart depicting a comparison of distance requirements and definitions of several North Carolina municipalities. Mr. Sharpe stated the Council's charge was in the City of Fayetteville based on the location of the current existing homes, what would be a reasonable separation distance. Mr. Sharpe advised the Council that the North Carolina General Statute allowed the municipalities to go as far as one-half mile, but a lesser distance may be established. He also noted that case law was split about this issue but a recent court decision had held that an ordinance requiring 1,000 feet spacing between group homes per persons with disabilities had a discriminatory intent. Mr. Sharpe stated the Planning Commission had recommended a 500-foot separation for group homes and the ordinance stated this footage. He also pointed out that the ordinance would revise the definition for family care in group homes and handicap persons and would delete the term, "assisted living". This is the advertised public hearing set for this date and time. Mayor Dawkins opened the public hearing. There was no one signed up to speak in favor. Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, appeared in opposition. There was no one further to speak and the public hearing closed. A discussion was held regarding the distance footage. City Attorney Robert Cogswell stated that 500 feet was reasonable based on the chart that had been presented and anything over 1,000 feet he would consider unreasonable. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, ARTICLE III, AND ARTICLE IV, CONCERNING FAMILY CARE AND GROUP HOMES. ORDINANCE NO. S1999-014. MOTION: Councilmember Worthy moved to follow the Planning Commission's recommendations to set the distance at 500 feet. SECOND: Councilmember Smith FRIENDLY AMENDMENT: Councilmember Talbot made a friendly amendment to set the distance at 1,000 feet. Councilmember Worthy stated he would accept 800 feet. After further discussion, Mayor Dawkins called for a vote on the amended motion of 800 feet. VOTE: Passed by a vote of 10 in favor (Councilmembers Worthy, Talbot, Smith, Kendrick, Cheek, McBryde, Fogleman, Milligan, Kizer, and Haire) to 2 in opposition (Councilmembers Williams and Massey) I. Consideration of changing the name of Everlena Avenue to Everena Drive. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal stated the staff had no preference on the name of the street and the public hearing would allow all interested parties to make their preference known. This is the advertised public hearing set for this date and time. Mr. Robert Lucas, 2324 Everlena Drive, Fayetteville, NC, appeared in favor of the name change. There was no one further to speak and the public hearing closed. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CHANGING THE NAME OF EVERLENA AVENUE TO EVERENA DRIVE. RESOLUTION NO. R1999-062. MOTION: Councilmember Fogleman moved to approve the name change to Everena Drive. SECOND: Councilmember Milligan Councilmember Massey inquired if the street had been named after a person. He expressed his desire to have this issue researched. VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Massey) 4. Report on outside agency contract and program of audit. City Manager Roger Stancil presented this item. Mr. Stancil passed out a revision to the contract which had been included in the agenda packet. Mr. Stancil stated the County had performed audits in Fiscal Year 99 on FAEDC, the Arts Council, Cape Fear Botanical Garden, and Metrovisions, and he felt these audits had been reasonable. He proposed going back to these organizations with the additional questions and the contracts would be brought back in October for Council's approval. Mr. Stancil stated that no other agencies would be audited until the end of October due to the City's own internal audit being conducted during the month of October. Mr. Stancil proposed taking the other agencies funded in this year's budget beginning in November with a goal for contract approval by January 2000. Mr. Stancil proposed that an in-depth internal audit of each agency be done jointly with the County every other year, noting that the current contract calls for an external audit every year. Mr. Stancil stated the following would be done in the internal audit: 1. Review agency minutes to document salary approvals, major purchases, significant issues, etc. 2. Review/test internal control procedures. 3. Perform petty cash review. 4. Examine bank reconciliations. 5. Test cash disbursements. 6. Examine payroll transactions and reports. 7. Review fixed assets procedures. 8. Examine financial records for unusual transactions. 9. Review procedures for monitoring sub-recipients (when applicable). Mayor Dawkins interrupted Mr. Stancil's presentation to state that Councilmember Massey would like to change his vote on Item 3.I, from being in opposition to being in favor because the research he had requested had been done and the street was not named after a person. MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Massey to change his vote on Item 3.I. SECOND: Councilmember Worthy VOTE: UNANIMOUS to change name to Everena Drive Mr. Stancil resumed his presentation, noting that the contracts would require the agencies to provide: 1. Quarterly financial and progress reports. 2. Annual audited financial statements. 3. Management letter from CPA firm: and management's response to the recommendations. Mr. Stancil requested the Council approve the contract form, which would be brought back to the Council with a scope of services for every agency along with the audit report. MOTION: Councilmember Kendrick moved to approve the contract and the calendar. SECOND: Mayor Pro Tem McBryde Councilmember Talbot inquired about the inclusion of credit card invoices. Mr. Stancil stated they would be covered under cash disbursement or financial records for unusual transactions. A discussion was held regarding the cost of the audit and the personnel which would be needed to complete future audit requirements. Councilmember Cheek inquired if there were any reasons to believe there were any irregular procedures in any of the other agencies, based on the information they had submitted. Mr. Stancil stated there was no information pointing to that. Councilmember Cheek stated her concern about the financial hardship it would create for some of these agencies not to receive their funding. She proposed doing a provisional contract that would allow the agencies to certify that they were meeting the required procedures and then the funds could be dispersed on schedule, noting if a problem came up, it could be addressed at that time. Councilmember Cheek stated she saw no need to deprive needy people of available help between now and Christmas, because of something that may be there. Councilmember Cheek expressed her concern about the staff time required in doing these audits and she felt reconsideration should be given to the use of outside agencies or the way grants were processed. AMENDMENT TO ORIGINAL MOTION: Councilmember Cheek moved to ask the staff to bring a provisional/amended contract that would enable the agencies to certify they were following proper procedures and also allow them to draw down on their quarterly payments while the audit was being completed. Councilmember Kendrick and Mayor Pro Tem McBryde accepted the amendment to the original motion. A discussion was held regarding the audit requirements of future agencies approved for funding, and the requirement of both an annual external audit and the new addition of an internal audit. Councilmember Haire asked that citizens be reassured that the City and its staff will now be doing everything it can to see that everyone else is doing their job efficiently and tax dollars are not being ill-spent. Mr. Stancil replied that the previous contracts had two requirements. The first was that a staff person related to what the agency was performing would review the program functions but not the financial transactions of the agency. The second requirement was that an external annual audit by a CPA firm was required to cover the financial transactions. Mr. Stancil stated that the City would now be inserting City and County staff to do an additional internal audit with higher standards. Councilmember Talbot suggested letting the external auditors do the formal audits to include all the additional requirements. VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Williams) Mr. Stancil presented the proposed nonprofit budget calendar for Fiscal Year 2001. 5. Consideration of designation of Voting and Alternate Voting Delegates for the Annual Congress of Cities, November 30-December 4, 1999, Los Angeles, California. MOTION: Mayor Pro Tem McBryde moved to have Councilmember Fogleman be the voting delegate. SECOND: Councilmember Kendrick VOTE: UNANIMOUS MOTION: Councilmember Massey moved to have Councilmember Worthy be the alternate delegate. SECOND: Councilmember Smith VOTE: UNANIMOUS 6. APPOINTMENTS: No action was taken on this item. Nominations will be made at the next two regular meetings with appointments being made at the October 18 meeting. A. Senior Citizens Advisory Board - nominations are needed to fill two vacancies. B. Historic Resources Commission - nominations are needed to fill the following vacancies: 1. Four at-large 2. 1 Category 1 (Licensed Registered Architect) 3. 1 Category 2 (Historic Preservationist or Cultural or Social Historian C. Wrecker Review Board - nominations are needed to fill 1 Council appointed vacancy for Chairperson. D. Parks and Recreation Advisory Committee - nominations are needed to fill 7 vacancies. E. Appearance Commission - nominations are needed to fill 2 vacancies 7. ADMINISTRATIVE REPORTS A. Report on Application for North Carolina Department of Transportation Enhancement Funds for the construction of the Cape Fear River Trail. B. Report on City of Fayetteville position vacancies. C. Update on Excellence in Government recommendations for solid waste. D. Report on NCLM Convention, October 24-26, 1999, Greensboro, NC. E. Update on Transit transfer facility. F. Report on costs for swimming pool construction. G. Report on Steering Committee for downtown development. Mr. Stancil stated he would set aside $3,000 from the funds appropriated for downtown development in this year's budget for the purpose stated. H. Update on planning. 8. Closed session to discuss property acquisition and litigation. MOTION: Mayor Pro Tem McBryde moved to go into closed session to discuss property acquisition and litigation. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The regular session resumed. INFORMATION ITEMS: 1. Report of tax refunds less than $100. Name Year Basis City Refund Parker, Charles Neil 1998 Value Adjusted Incorrectly $3.34 Leser, Dennis L. 1998 Value Adjusted Incorrectly 3.76 Finiello, James J. 1998 Military Non-resident 11.50 Allen, Bruce T/A Allen Legal Service 1997-1998 Listed Mobile Home in Error 35.59 King, James H. 1998 Military Non-resident 19.16 Kidder, Gennell M. & Robin Wright 1995 & 1997 Military Non-resident 19.48 Binkiewicz, Jeffrey William & Trician 1997 Non-resident 19.55 Tursi, Diana Nicole 1996-1998 Military Non-resident 60.09 Moss, Weaver Bessie 1997 Non-resident 34.58 Ford Motor Credit 1997 Non-resident 67.32 Williams, Austin C. 1998 Non-resident 79.72 Preston, Keith A. 1998 Military Non-resident 83.29 Holmes, Sidney Perry 1993-1998 Military Non-resident 85.78 Total $523.16 2. Follow-up on question from North Street Study. 3. Information about Airborne and Special Operations Museum paver program. 4. Thank you letter from citizen. 5. Y2K Update 6. Information regarding upcoming meetings of the Study Commission on the Future of Electric Service in North Carolina. 7. Memo regarding City's cooperation with the Hispanic Community. (Newsletter inserted in packet) 8. Police Department - Monthly report for the Office of Professional Standards for the month of July 1999. 9. Parks and Recreation Advisory - minutes of June 28, 1999. 10. PWC - minutes of August 11, 1999. MOTION: Councilmember Fogleman moved to adjourn the meeting. SECOND: Councilmember Kizer VOTE: UNANIMOUS The meeting was adjourned. REGULAR MEETING SEPTEMBER 20, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 20, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); James M. Kizer, Jr. (at-large); Anne D. Fogleman (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Victor Sharpe, Planning Services Manager Pete Piner, Chief Operating Officer, Fire/Emergency Management Robert Barefoot, Chief Operating Officer, Recreation/Community Facilities Ben Brown, Chief Development Officer Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE Mayor Dawkins introduced Boy Scout Troop 29, from Lewis Chapel Baptist Church, and Mr. Leroy Abner, the Scoutmaster. The invocation was offered by Chief Pete Piner, followed by the Pledge of Allegiance to the American Flag being led by Scout Troop 29. RECOGNITION Mayor Dawkins announced that the American Red Cross had received an anonymous donation of $30,000 from a citizen of Fayetteville for the flood relief effort in North Carolina resulting from Hurricane Floyd. Councilmember Talbot requested to recognize that September 17, was the day our U.S. Constitution was ratified in 1787 and it was also the POW/MIA Recognition Day. Councilmember Talbot stated that North Carolina has 51 MIAs with 5 being from Fayetteville. Mayor Dawkins announced the Character Education Concept for September 1999 was respect. Chief Piner presented a report on the emergency operations for the City of Fayetteville during Hurricane Floyd. 1. Consideration of request to address City Council from Carrie Grace of the Abney Chapel S.D.A. Christian School concerning fees for use of track field at Reid Ross School and basketball gyms in the City. City Attorney Robert Cogswell explained the City Council's policy, which requires a three-fourths vote of the Council to reconsider an item within a six-month time frame. MOTION: Councilmember Worthy moved to allow Ms. Carrie Grace to address the City Council. SECOND: Councilmember Kendrick VOTE: UNANIMOUS Mayor Dawkins stated this would become Item 5.B. 2. APPROVAL OF AGENDA City Attorney Robert Cogswell requested to add Item 8, consideration of a closed session to discuss property acquisition. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the corrections. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 3. CONSENT: MOTION: Councilmember Kizer moved to approve the consent agenda. SECOND: Councilmember Milligan VOTE: UNANIMOUS The following items were approved: A. Approve minutes of regular meeting of August 16, 1999 B. Approve minutes of information meeting of August 23, 1999. C. Approve requests for special event signs for the following: 1. 1999 International Folk Festival 2. Tarheel Quilting Guild D. Refer to Council Transportation Committee the review of the status of all unpaved streets within the City limits. (Requested by Councilmember Mark Kendrick) E. Adopt resolution pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (J.P. Riddle Family Property - located at the southwest corner of Campground Road and Glensford Drive). A RESOLUTION OF THE CITY COUNCIL OF THE CIY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(c) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA - J.P. RIDDLE FAMILY PROPERTY AND PROPERTY OF SKIBO SQUARE, INC. (LOCATED AT THE SOUTHWEST CORNER OF CAMPGROUND ROAD AND GLENSFORD DRIVE). RESOLUTION NO. R1999-063. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. F. Adopt resolution approving Municipal Agreement with N.C. DOT for inspection and structural analysis of 16 bridges inside the City limits. A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1999-064. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. G. Approve award of construction contract for sidewalk repair and construction at various locations to Sandhills Contractors, in the amount of $266,888.37. Bids were received as follows: Sandhill Contractors $266,888.37 Billy Bill Grading Co. $270,480.91 R & G Construction $293,433.33 H. Approve advertisement of City's intent to purchase, at the meeting on October 4, 1999, one (1) New Johnston Model SP 4000 Mechanical Sweeper using the Purchase from Established Contracts ("piggybacking") clause as authorized per N.C.G.S. 143-129 amended on July 1, 1997. Approve award of contract to North Carolina Equipment Company (Fayetteville, NC). I. Adopt resolution approving Municipal Agreement with NCDOT for construction improvements at the intersection of Ramsey Street and Law Road. RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1999-065. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. J. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, for stop control due to the change in street name from Everlena Drive to Everena Drive. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 6 - STOP INTERSECTIONS. ORDINANCE NO. NS1999-030. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. K. Award contract for purchase of a Laboratory Graphite Furnace Atomic Absorption Unit to Varian, Inc. (Walnut Creek, CA), low bidder, in the amount of $34,400.00. (PWC) Bids were received as follows: Varian, Inc. (Walnut Creek, CA) $34,400.00 Perkin Elmer (Norwalk, CT) $44,793.10 Thermo Jarrell Ash Corp. (Franklin, MA) $51,850.00 CBC Scientific (Arlington Heights, IL) $42,228.00 L. Award contract for construction of utilities in Fayetteville Annexation Phase III-A, four Seasons Area to Wellons Construction (Dunn, NC), low bidder, in the amount of $742,506.00. (PWC) Bids were received as follows: Wellons Construction (Dunn, NC) $742,506.00 State Utility Contractors (Monroe, NC) $744,905.50 ES & J Enterprises (Autryville, NC) $774,300.12 R.H. Moore (Murrells Inlet, SC) $920,363.00 B.F. McMahon, Inc. (Chapin, SC) $951,635.00 T.A. Loving Company (Goldsboro, NC) $955,417.00 McClam & Associates (Little Mountain, SC) $968,156.00 Dellinger, Inc. (Monroe, NC) $1,241,361.00 M. Award contract for construction of the Warrenwood School Sanitary Sewer to Phillips & Jordan, Inc. (Robbinsville, NC), low bidder, in the amount of $360,129.56. (PWC) Bids were received as follows: Phillips & Jordan, Inc. (Robbinsville, NC) $360,129.56 Ralph Hodge Construction Co., Inc. (Wilson, NC) $390,935.90 Sanford Contractors, Inc. (Sanford, NC) $436,187.09 Odell Smith & Sons (Spring Lake, NC) $446,785.00 T.A. Loving Company (Goldsboro, NC) $452,907.00 Wellons Construction (Dunn, NC) $456,876.50 Dellinger, Inc. (Monroe, NC) $472,549.00 State Utility Contractors, Inc. (Monroe, NC) $513,885.40 Site Group, Inc. (Florence, SC) $553,680.00 4. PUBLIC HEARINGS: A. Consideration of adoption of an ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce the speed limit to 25 miles per hour for the following streets in Evergreen Estates: Coventry Road from Ireland Drive to City Limit; Edgedale Drive from Glenwick Drive to St. Paul Avenue; Faison Avenue from Ireland Drive to its end; Gatewood Drive from Edgedale Drive to Martindale Drive; Glenwick Drive from Coventry Road to Martindale Drive; Martindale Drive from Ireland Drive to Glenwick Drive; St. Augustine Avenue from Ireland Drive to St. Paul Avenue; St. Paul Avenue from Ireland Drive to Martindale Drive; Stratford Road from Coventry Road to Martindale Drive; Wendover Drive from Edgedale Drive to Martindale Drive. Mr. Kumar Nepalli, City Traffic Engineer, presented this item. He recommended adoption of the ordinance. 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 7:31 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 8. SPEED CONTROL, EVERGREEN ESTATES. ORDINANCE NO. NS1999-031. MOTION: Councilmember Kendrick moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. B. P99-53F. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 33, Zoning and Planning Agencies, Section 33-3, to add two alternates to the Zoning Commission. Mr. Victor Sharpe, Planning Services Manager, presented this item. Mr. Sharpe recommended the addition of two alternate members, noting that the Commission will consist of five regular members with a total of seven members to include the alternates. 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 7:35 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 33-3, CITY ZONING COMMISSION, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1999-015. MOTION: Councilmember Kizer moved to approve. SECOND: Councilmember Smith VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1999. 5. A. Consideration of request from Cape Fear Valley Health System to replace signage at Highsmith-Rainey Memorial Hospital. Mr. Victor Sharpe, Planning Services Manager, presented this item. He recommended approval of the request. MOTION: Councilmember Smith moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS B. Consideration of request to address City Council from Carrie Grace of the Abney Chapel S.D.A. Christian School concerning fees for use of track field at Reid Ross School and basketball gyms in the City. Ms. Carrie Grace, of Abney Chapel S.D.A. Christian School, addressed the Council and requested a reduction of the high fees for the use of the track field and basketball gyms located at local schools and in particular Reid Ross Junior High School. A discussion was held regarding City assistance with children's athletic fees, the schools' responsibility, the fees being charged for use of educational facilities, concerns about church versus state issues, and the recently approved fee schedule for parks and recreation services. Mr. Robert Barefoot, Chief Operating Officer, Recreation and Community Facilities, explained that fees were charged only for reservations made for exclusive use of facilities by either organizations or individuals. Mr. Barefoot stated that the principal of each school facility was responsible for handling reservations at his school site. Councilmember Kendrick asked Mr. Barefoot to get the Council information from the County regarding their policies and fee schedules. 6. Discussion of City Council Policy Number 115.4, Election of Mayor Pro Tempore. (Requested by Councilmember Curtis Worthy) MOTION: Councilmember Worthy moved to change and revise the policy regarding the selection of the Mayor Pro Tem, to electing the Mayor Pro Tem from the Council as a whole. SECOND: Councilmember Haire An in-depth discussion was held regarding the pros and cons of revising the policy with Councilmembers Worthy, Massey, and Williams in support of the revision, and Councilmembers Smith, Fogleman, and McBryde in opposition. City Attorney Robert Cogswell explained that the Mayor Pro Tem serves in the absence of the Mayor but if the Mayor's position or any other position became vacant, then the elected body would select the person to fill the vacant position. VOTE: Failed by a vote of 5 in favor (Councilmembers Worthy, Talbot, Williams, Massey, and Haire) to 7 in opposition (Councilmembers Milligan, Kizer, Fogleman, McBryde, Cheek, Kendrick, and Smith) 7. APPOINTMENTS: The appointments are as follows: A. Senior Citizens Advisory Board - nominations are needed to fill two vacancies. The following nominations were made: 1. Reva McNair - nominated for a first term by Councilmember Worthy. 2. Robert Pringle - nominated for a first term by Councilmember Haire. 3. Frances Leary - nominated for reappointment by Mayor Pro Tem McBryde. 4. Greta Reese - nominated for reappointment by Councilmember Fogleman. B. Historic Resources Commission - nominations are needed to fill the following vacancies: The following nominations were made: At-Large 1. Anne Matlack - nominated for a first term by Mayor Pro Tem McBryde. 2. Susan Hyatt - nominated for reappointment by Councilmember Cheek. 3. George Stout - nominated for a first term by Councilmember Kendrick. 4. Francis Wright - nominated for reappointment by Councilmember Massey. Category 1 (Architect) 5. Eric Lindstrom - nominated for reappointment by Councilmember Fogleman. Category 2 (Historic Preservationist) 6. Wayne Riggins - nominated for reappointment by Councilmember Milligan. Category 4 (Building Designer) 7. David J. Guitierrez - nominated for a first term by Councilmember Milligan. C. Wrecker Review Board - nominations are needed to fill 1 Council appointed vacancy for Chairperson. The following nominations were made: 1. Steve Taylor - nominated for a first term by Councilmember Worthy. 2. Michael Royal - nominated for reappointment by Councilmember Fogleman. D. Parks and Recreation Advisory Committee - nominations are needed to fill 7 vacancies. The following nominations were made: 1. Robert Taylor - nominated for a first term by Councilmember Talbot. 2. Alan S. Campbell - nominated for reappointment by Councilmember Kendrick. 3. Richard Varela - nominated for reappointment by Councilmember Kendrick. 4. Dr. Peggy Green - nominated for reappointment by Councilmember Fogleman. 5. Katherine Marable - nominated for reappointment by Councilmember Fogleman. 6. Dorothy Fielder - nominated for reappointment by Councilmember Massey. E. Appearance Commission - nominations are needed to fill 2 vacancies. The following nominations were made: 1. Charles Astrike - nominated for a first term by Councilmember Cheek. F. Human Relations Commission - nominations are needed to fill 1 vacancy. The following nominations were made: 1. Dr. Walter J. Haire - nominated for a first term by Councilmember Worthy. 8. Discussion of a closed session for the purpose of property acquisition. MOTION: Mayor Pro Tem McBryde moved to go into closed session to discuss property acquisition. SECOND: Councilmember Milligan VOTE: UNANIMOUS The regular session resumed at 8:26 p.m. City Attorney Robert Cogswell recommended the City purchase the Dan MacMillan family property, located at 323 Ray Avenue, for the sum of $85,000, subject to the receipt of a warranty deed free of any liens and encumbrances and the ability to extinguish the current lease on the property as well as a mutual release between the parties for any soil contamination. MOTION: Mayor Pro Tem McBryde moved to approve SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Haire's vote was in the affirmative due to the fact he had left the meeting without being excused). INFORMATION ITEMS: 1. Thank you letter from citizen for Solid Waste employees assistance. 2. Thank you letter from citizen for response from Administrative Services Department. 3. Copy of letter from Chamber of Commerce to NCDOT in support of Train Depot Restoration and Trolley Tours project. 4. Status report on Phase II, IIIA & IIIB annexation projects. 5. Professional Standards - monthly report from the Office of Professional Standards for the month of August, 1999, 6. Seniors Call To Action - minutes of June 10, 1999. 7. FACVB - minutes of August 12, 1999. MOTION: Mayor Pro Tem McBryde moved to adjourn the meeting. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Haire's vote was in the affirmative due to the fact he had left the meeting without being excused). The meeting adjourned at 8:29 p.m. REGULAR MEETING OCTOBER 4, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER OCTOBER 4, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers James M. Kizer, Jr. (at-large); Anne D. Fogleman (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Mayor Pro Tem F. Milo McBryde (at-large) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Ben Brown, Chief Development Officer Lisa Smith, Chief Financial Officer Scott Dorney, Human Resources Director Pete Piner, Chief Operating Officer - Fire Alan Nobles, Assistant Fire Chief Vera Bell, Chief Operating Officer - Solid Waste Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Kenneth P. Johnson, Pastor, St. John Free Will Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented Assistant Fire Chief Alan Nobles and members of the Fire Prevention Division of the Fayetteville Fire Department with a proclamation declaring the week of October 3-9, 1999, as Fire Prevention Week. Councilmember Haire presented a check in the amount of $200 to the Reading Service at Fayetteville State University and a check to the North Carolina Disaster Fund for $100 each for the towns of Goldsboro, NC, and Seven Springs, NC. These donations were made on behalf of the Love Thy Neighborhood Committee. Mayor Dawkins announced the Character Education Concept for September 1999 was responsibility. 1. APPROVAL OF AGENDA MOTION: Councilmember Kendrick moved to excuse Mayor Pro Tem McBryde from the meeting. SECOND: Councilmember Worthy VOTE: UNANIMOUS Councilmember Milligan requested an update on the yard debris. City Manager Roger Stancil stated Ms. Vera Bell would be present to do that at a later time. MOTION: Councilmember Kizer moved to approve the agenda. SECOND: Councilmember Fogleman City Manager Roger Stancil stated he had a letter from Ms. Charlene Williams requesting to withdraw the petition for annexation, Item 3.A, from the agenda due to tenant negotiation problems. Mr. Stancil requested to add to the agenda a letter from Mr. J. David Jameson and Mr. Billy Richardson, requesting the use of the City's Council Chamber for the Candidates Forum to be held on October 14, 1999. Mr. Stancil stated the reason for their request was so the forum could be broadcasted for the public by Time Warner. He noted that the Council's policy usually did not allow rental of the Chamber and their approval was needed. A discussion was held with the consensus being the request should become consent Item 2.P, approval of request to use the Council Chamber for the Candidates Forum on October 14, 1999. Councilmember Talbot requested to pull Item 11, consideration of closed session with AIT to discuss economic development. Mayor Dawkins stated the motion to approve the agenda included removing Item 3 and adding Item 2.P. Councilmember Williams requested to add Item 11.A, to allow the AIT presentation to be made in public rather than in a closed session. City Attorney Robert Cogswell asked Councilmember Kizer if he accepted Councilmember Williams' request. Councilmember Kizer stated he could not accept the request. VOTE: UNANIMOUS (Mayor Pro Tem McBryde excused) Councilmember Talbot made a second request to remove Item 11 from the agenda. A discussion was held regarding the pros and cons of removing this item from the agenda. Councilmember Cheek requested that the approved agenda with the closed session be followed unless a different vote was taken. MOTION: Councilmember Williams moved to reconsider the agenda in order to add Item 11.A, a public presentation from AIT with all of the discussion being done in closed session. SECOND: Councilmember Worthy Councilmember Worthy stated he felt the public should know that everything is aboveboard and he would like for the presentation to be public. Councilmember Cheek stated she agreed there should be no perception by the public there was Council concern about the desirability of an excellent project or support for an excellent company. Ms. Cheek stated the point was the Council had not been briefed on confidential information about economic development, which was to the financial advantage of the private company, and she did not think it would be appropriate to have this information discussed in public. Therefore, Ms. Cheek stated, she felt it was for the good of the company to handle economic development negotiations in a closed session. She further stated that as far as a presentation on the general concept of the plan, this was not on the agenda and the agenda had already been set. Ms. Cheek stated she did not know if the parties were ready to make a presentation or if the citizens were prepared to look at it tonight and she would prefer to schedule it for a meeting when everyone would be expecting it and would be primed with their questions. Mayor Dawkins stated the City was controlled by state law and there were some requests from AIT that the City could not grant even it wanted to. Councilmember Kendrick stated he felt the Council needed to be informed about the whole project and not be piecemealed, and he would like to go into closed session for the entire item. Councilmember Williams stated all councilmembers had had an opportunity to go see this presentation and there were no requests in the presentation itself. Mr. Williams stated he felt the public needed to have the information made available. Councilmember Massey stated that his primary wish was that the vision not get away and the vision could be addressed in public and the nickel and dime discussion could be held behind closed doors. VOTE: Motion failed by a vote of 4 in favor (Councilmember Worthy, Talbot, Williams, and Massey) to 7 in opposition (Councilmembers Smith, Kendrick, Cheek, Fogleman, Kizer, Milligan, and Haire) (Mayor Pro Tem McBryde excused) Mayor Dawkins stated that Item 11 would be a closed session in its entirety. 2. CONSENT: Councilmember Kizer requested to abstain from discussion or voting on Item 2.H and 2.M. MOTION: Councilmember Worthy moved to allow Councilmember Kizer to abstain from discussion or voting on Items 2.H and 2.M. SECOND: Councilmember Massey VOTE: UNANIMOUS (Mayor Pro Tem McBryde excused) Councilmembers Kendrick and Worthy requested to pull Item 2.F. MOTION: Councilmember Worthy moved to approve the consent agenda with the exceptions of Items 2.F, 2.H and 2.M. SECOND: Councilmember Massey VOTE: UNANIMOUS MOTION: Councilmember Kendrick moved to approve Items 2.H and 2.M. SECOND: Councilmember Smith VOTE: UNANIMOUS (Mayor Pro Tem McBryde excused and Councilmember Kizer abstaining) The following items were approved: A. Approve tax refunds in excess of $100. Name Year Basis City Refund Free, Neil Dennis 1997 Military Non-resident $41.63 1997 39.70 1998 33.71 1996 47.72 1998 38.30 Total $201.06 B. Refer to Council Transportation Committee a proposed pedestrian bridge over Village Drive between Bordeaux Shopping Center and Cape Fear Valley Hospital as requested by Bordeaux Shopping Center. C. Approve requests for special event signs for the following: 1. Junior League - Holly Day Fair 2. Craftsmen's Christmas Festival D. Approve acceptance of bid for purchase of the City-owned house at 819 Eufaula Street, in the amount of $6,750.00. E. Approve award of contract for purchase of traffic signs to Vulcan, Inc., in the amount of $34,758.91. (DBA Vulcan Signs, Foley, Alabama) Bids were received as follows: Vulcan Signs (Foley, Alabama) $34,758.91 Millennium Signs and Graphics (Fayetteville, NC) $61,557.43 F. This item was pulled for discussion by Councilmembers Kendrick and Worthy. G. Approve award of contract for purchase of one Johnston Model SP 4000 Mechanical Sweeper to North Carolina Equipment (Fayetteville), using the Purchase from Established Contracts clause authorized per G.S. 143-129 amended on July 1, 1997, in the amount of $108,974.00. H. Adopt resolution pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Bernard Szabo Property - Rulnick Street Apartments - located on the south side of Raeford Road and the east side of Rulnick Street). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(c) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA. BERNARD SZABO PROPERTY - RULNICK STREET APARTMENTS (LOCATED ON THE SOUTH SIDE OF RAEFORD ROAD AND THE EAST SIDE OF RULNICK STREET). RESOLUTION NO. R1999-066. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. I. Adopt resolution authorizing condemnation of sanitary sewer easement to acquire certain properties of Colin W. Old and wife, Suk Im Old, David J. Guilford, Trustee and Alliance Mortgage Company. (PWC) RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF COLIN W. OLD AND WIFE, SUK IM OLD; DAVID J. GUILFORD, TRUSTEE, AND ALLIANCE MORTGAGE COMPANY. RESOLUTION NO. R1999-067. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. J. Adopt resolution authorizing condemnation of sanitary sewer easements owned by Moore Enterprises, Inc., located in the Summerhill Project area of the Phase III-A Annexation district. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF MOORE ENTERPRISES, INC. RESOLUTION NO. R1999-068. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. K. Approve Water and/or Sanitary Sewer Annexation Agreement with Tarleton Plantation for property located on Strickland Bridge Road, identified as Cumberland County PIN 9495-06-3820. (PWC) L. Approve the following bid awards:(PWC) 1. To Rigby Electric Supply Co., Inc. (Rocky Mount, NC), low bidder, for purchase of 30,000 feet of 750 MCM AL EPR 25KV,1/C, CN Cable, with option to purchase additional quantities within a one-year period, in the amount of $104,850.00. Bids were received as follows: Rigby Electric (Rocky Mount, NC) $104,850.00 Scott-Parrish (Wake Forest, NC) $108,129.60 Westinghouse Electric Supply (Raleigh, NC) $106,170.00 2. To Rigby Electric Supply Co., Inc. (Rocky Mount, NC), low bidder, for purchase of two (2) Switching Cabinets, in the amount of $67,966.00. Bids were received as follows: Rigby Electric (Rocky Mount, NC) $67,966.00 Scott-Parrish (Wake Forest, NC) $68,463.84 Westinghouse Electric Supply (Raleigh, NC) $70,662.00 3. To Unlimited Utilities (Wilmington, NC), low bidder, for construction of utilities in western part of Bonnie Doone Section of Fayetteville Annexation 1998, Phase III-A, in the amount of $754,469.61. Bids were received as follows: Unlimited Utilities (Wilmington, NC) $754,469.61 Site Group (Florence, SC) $794,838.00 State Utility (Monroe, NC) $799,880.50 Odell Smith & Sons (Spring Lake, NC) $818,300.47 T.A. Loving Company (Goldsboro, NC) $827,071.00 Dellinger, Inc. (Monroe, NC) $1,153,475.33 4. To T.A. Loving Company (Goldsboro, NC), low bidder, for construction of utilities in eastern part of Bonnie Doone Section of Fayetteville Annexation 1998, Phase III-A, in the amount of $906,195.00. Bids were received as follows: T.A. Loving Company (Goldsboro, NC) $906,195.00 Odell Smith & Sons (Spring Lake, NC) $925,355.45 State Utility (Monroe, NC) $1,032,159.40 Mainline Contracting (Dunn, NC) $1,388,364.54 M. Approve Public Works Commission Annexation Phase III Capital Project Fund Budget, Amendment #2. N. Adopt Capital Project Ordinance Amendment 2000-2 (Parking Improvements, Demolition and Property Acquisition). O. Adopt resolution designating the Chief Financial Officer as Authorized Agent for the State and Federal Emergency Management Agency Disaster Assistance Program. RESOLUTION DESIGNATING CITY'S AUTHORIZED AGENT TO FILE AN APPLICATION IN THE APPROPRIATE STATE OFFICE FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE UNDER THE DISASTER RELIEF ACT. RESOLUTION NO. R1999-069. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. P. Approval of request to use the Council Chamber for the Candidates Forum on October 14, 1999. F. Approve award of construction/installation contract for 3.5 miles of six (6) feet wide concrete sidewalk along the south side of Bragg Boulevard from Rowan Street to the U.S. 401 Bypass to Sandhills Contractors, Inc. (Sanford, NC), lowest responsible qualified bidder, in the amount of $566,128.00. Councilmember Worthy inquired as to why this sidewalk was six feet wide and other sidewalks had been smaller. City Manager Roger Stancil stated the standard for residential sidewalks was four feet and the standard for major thoroughfares was six feet because of the traffic and Bragg Bouvelard was a major thoroughfare. Councilmember Kendrick stated that he would like to look at amending the City ordinance to allow a sidewalk and bicycle path to be placed together. MOTION: Councilmember Kendrick moved to send this issue to the Policy Committee. SECOND: Councilmember Worthy AMENDED MOTION: Councilmember Cheek requested to amend the motion by adding approval of the contract. The amended motion was accepted by both makers. VOTE: UNANIMOUS Bids were received as follows: Sandhills Contractors $566,128.00 Billy Bill Grading Co. $644,334.00 Triangle Grading & Paving $766,309.00 Councilmember Haire requested an update on the sidewalk priority list. City Manager Roger Stancil stated this was the last project of the bond-funded projects named in the 1994 bond series. 3. PUBLIC HEARINGS: A. Consideration of extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation area, J.P. Riddle Family Property and Skibo Square. (Located at the southwest corner of Campground Road and Glensford Drive). This item was removed from the agenda. 4. Consideration of request to address City Council from David J. Little, Senior Vice President and City Executive of BB&T, regarding appointment of financing team in connection with the issuance of PWC Revenue Bonds. Mr. David Little, Senior Vice President and City Executive of BB&T, addressed the Council and requested that BB&T be appointed as the senior manager of the upcoming PWC revenue bond sale. Mr. Little reviewed the history of BB&T. He stated the bank had the resources and the personnel expertise to provide a wide variety of financial services to its clients and was committed to the Fayetteville community. Mr. Little also stated BB&T believed that all current members of the financing team should remain on the team and that the co-managers combined underwriting percentages should be increased from 30 percent to 50 percent, thereby insuring greater participation by the co-managers. Mr. Little stated he understood that in 1997 a previous Council had intended to keep the same bond financing team for a period of three years, but it was his understanding that the Local Government Commission had to approve bond teams with each specific bond issue. Mr. Little stated with that in mind, he was respectfully requesting that BB&T be appointed as a senior manager for the issuance of the PWC 1999 revenue bonds. City Manager Roger Stancil stated the City had three excellent underwriters and the only thing being discussed was changing the relationship of the underwriters, noting that in October 1997, City Council voted to keep the same team in order to have consistency. Mr. Stancil said the team with The Robinson-Humphrey Company, Inc., as the lead underwriter had worked very well for the City, and he felt the long-term obligation should be honored. Mr. Stancil pointed out that the resolution would appoint the Bank's Law Firm, P.A., as co-counsel because Mr. Jonathan Charleston had changed law firms. 5. Consideration of the following financial matters related to the Series 1999 City of Fayetteville, Public Works Commission Revenue Bond Series 1999: A. Adopt resolution requesting the Local Government Commission to approve the financing team in connection with the issuance of proposed City of Fayetteville, Public Works Commission Revenue Bond Series 1999. RESOLUTION REQUESTING THE LOCAL GOVERNMENT COMMISSION TO APPROVE THE FINANCING TEAM IN CONNECTION WITH THE ISSUANCE OF PROPOSED CITY OF FAYETTEVILLE, PUBLIC WORKS COMMISSION REVENUE BOND SERIES 1999. RESOLUTION NO. R1999-070. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. B. Approve an allocation of bonds among the underwriters for the City of Fayetteville, Public Works Commission Revenue Bonds Series 1999. MOTION: Councilmember Smith moved to retain the structure as is with the change of the law firm. SECOND: Councilmember Kendrick Councilmember Cheek inquired about the percentage split change which had been requested by Mr. Little. Mr. Michael Shaeffer, the City's financial advisor, stated that on a $40 million deal, 70 percent had gone to the senior manager, 20 percent to the first co-manager, and 10 percent to the second co-manager. Mr. Shaeffer recommended that the split remain the same for this bond series of $18 million. A discussion was held on the percentage split. VOTE: UNANIMOUS (Mayor Pro Tem McBryde excused) 6. Consideration of approval of the following nonprofit agency contracts: Airborne/Special Operations Museum - $50,000; Arts Council - $250,000; Contact - $5,000; and Dogwood Festival - $10,000; and Rape Crisis Center - $7,000. City Manager Roger Stancil presented this item, noting that at the direction of the Council, he had proceeded with the contracts on five nonprofit agencies and he recommended approval of the contracts and the scopes of services. MOTION: Councilmember Kizer moved to approve the contracts with the scopes of services. SECOND: Councilmember Smith VOTE: UNANIMOUS (Mayor Pro Tem McBryde excused) 7. Consideration of items for referral to the City-County Liaison Committee. Councilmember Cheek requested that consideration of the census track be placed on the Liaison Committee's agenda for discussion. Councilmember Talbot requested that the issue of fire ants be placed on the Committee's agenda. Councilmember Talbot noted that this needed to become a joint effort of the City, County, and State in order to take advantage of the community-assistance program available through the Department of Agriculture's Extension Service. A discussion was held regarding the current mosquito problem and the jurisdiction of the City to deal with mosquitoes and fire ants. MOTION: Councilmember Worthy moved to refer the census and fire ant issues to the City/County Liaison Committee. SECOND: Councilmember Haire VOTE: UNANIMOUS (Mayor Pro Tem McBryde excused) Ms. Vera Bell, Chief Operating Officer - Solid Waste, reported to the Council that one-third of the City's hurricane debris had been removed and contracts had been let for companies to come in and proceed from Bragg Boulevard outward. Ms. Bell noted that one of the bid requirements was that the company had to be ready to work when the contract was awarded on October 6. She stated in the meantime, the City would continue doing its work. Ms. Bell reported that the Wilkes Landfill hours had been extended from 8 a.m. to 5 p.m. and the County had also extended the waiver of the tipping fees until October 31, 1999. In response to a question, Ms. Bell stated if the pickup had to be done exclusively by the City, the time frame for completion would be by October 30 and if the contracts were awarded, it would be a lot sooner. Ms. Bell reviewed the specifics of how and when all debris should be processed for pickup. A discussion ensued. 8. Report from Council Development Committee. Councilmember Cheek presented this item. Ms. Cheek referred the Council to the minutes of August 24, 1999, noting that the minutes correctly reflected the actions of the Development Committee. Councilmember Smith requested that those minutes be amended to reflect that he had been present for that meeting. 9. APPOINTMENTS: A. Senior Citizens Advisory Board - nominations are needed to fill two vacancies. Councilmember Massey nominated Ms. Mary Dillard. B. Historic Resources Commission - nominations are needed to fill the following vacancies: 1. Four at-large Councilmember Kizer nominated Mr. Lonnie M. Player, Jr., and Councilmember Talbot nominated Mr. Bruce A. Arnold. 2. 1 Category 1 (Licensed Registered Architect) No nominations were made. 3. 1 Category 2 (Historic Preservationist or Cultural or Social Historian No nominations were made. C. Wrecker Review Board - nominations are needed to fill 1 Council appointed vacancy for Chairperson. No nominations were made. D. Parks and Recreation Advisory Committee - nominations are needed to fill 7 vacancies. Councilmember Massey nominated Mr. Eli Anderson, Mr. William Carver, and Mr. Charles Evans. E. Appearance Commission - nominations are needed to fill 2 vacancies. No nominations were made. F. Human Relations Commission - nominations are needed to fill 1 vacancy. Councilmember Fogleman nominated Mr. Robert Matlack. G. November vacancies: Information only. No action needed at this time. 1. Fair Housing Board - nominations are needed to fill three vacancies (1 attorney vacancy, 1 real estate vacancy, 1 at large vacancy) No action was taken on this item. 10. ADMINISTRATIVE REPORTS A. Report on assistance given to Hurricane Floyd victims of North Carolina. 11. Consideration of closed session with AIT to discuss economic development. (Requested by Councilmember Betty Milligan) MOTION: Councilmember Milligan moved to go into closed session to discuss economic development. SECOND: Councilmember Fogleman SUBSTITUTE MOTION: Councilmember Williams moved to have the presentation made to the public and then to go into closed session. SECOND: Councilmember Talbot VOTE: Failed by a vote of 3 in favor (Councilmembers Talbot, Williams, and Massey) to 8 in opposition (Councilmembers Smith, Worthy, Kendrick, Cheek, Fogleman, Kizer, Milligan and Haire) (Mayor Pro Tem McBryde excused) ORIGINAL MOTION VOTE: UNANIMOUS (Mayor Pro Tem McBryde excused) The closed session began at 9 p.m. and the regular session resumed at 10:15 p.m. INFORMATION ITEMS: 1. Revised copy of Settlement of Current Taxes for the City of Fayetteville for period from July 1, 1998 through June 30, 1999, from the Cumberland County Tax Administrator. Charge: Charge 1998 $26,035,351.10 Charge 1998 Storm Water 1,833,798.00 Charge 1998 Vehicles 3,759,078.36 Added Charge 1998 361,335.23 Added Charge Storm Water 1998 6,612.00 Total Interest Collected 187,410.14 Total Discount 291,982.27 Total $31,891,602.56 Credits: Deposit with Finance $28,546,402.43 Total Discount Allowed 291,982.27 Storm Water Deposited with Finance 1,802,353.45 Interest Deposit with Finance 187,410.14 Total $30,244,183.75 Releases Allowed $432,151.06 Storm Water Releases Allowed 780.00 Real and Personal Balance 1,177,211.20 Storm Water Balance 37,276.55 Adjustments 0.00 Total $1,647,418.81 Charge: Real and Personal Balance 1997 $1,036,682.41 Real and Personal Balance 1996 399,145.24 Real and Personal Balance 1995 and Prior 889,482.90 Storm Water Balance 1997 49,833.98 Storm Water Balance 1996 23,588.36 Storm Water Balance 1995 and Prior 16,502.22 Total $2,415,235.11 Barred By Statute: Barred By Statute $52,363.54 Credit for Five Year and Prior Insolvents 0.00 Total $52,363.54 Credits: Real and Personal Collected 1997 $589,982.41 Real and Personal Collected 1996 120,204.23 Real and Personal Collected 1995 and Prior 108,464.35 Storm Water Collected 1997 27,802.97 Storm Water Collected 1996 12,056.13 Storm Water Collected 1995 and Prior 5,146.21 Releases Allowed 1997 62,290.49 Releases Allowed 1996 10,125.15 Releases Allowed 1995 and Prior 8,714.16 Storm Water Releases Allowed 1997 456.00 Storm Water Releases Allowed 1996 408.00 Storm Water Releases Allowed 1995 and Prior 60.00 Real and Personal Balance 1997 384,409.51 Real and Personal Balance 1996 268,815.86 Real and Personal Balance 1995 and Prior 719,940.85 Storm Water Balance 1997 21,575.01 Storm Water Balance 1996 11,124.23 Storm Water Balance 1995 and Prior 11,296.01 Adjustment 0.00 Total $2,362,871.57 2. Statement of taxes collected for the month of August 1999 from the Cumberland County Tax Collector. 1999 Taxes $ 7,337,835.63 1999 Vehicle Taxes 196,668.79 1999 Revit 16,892.53 1999 Vehicle Revit 219.41 1999 FVT 23,930.00 1999 Storm Water 491,556.78 1998 Taxes 41,184.09 1998 Vehicle Taxes 41,127.04 1998 Revit 27.47 1998 Vehicle Revit 2.76 1998 FVT 5,875.00 1998 Storm Water 2,409.04 1997 Taxes 5,110.31 1997 Vehicle Taxes 891.52 1997 Revit 0.00 1997 Vehicle Revit 0.00 1997 FVT 140.00 1997 Storm Water 540.03 1996 Taxes 2,275.66 1996 Vehicle Taxes 225.38 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 45.00 1996 Storm Water 305.03 1995 & Prior Taxes 2,167.77 1995 & Prior Vehicle Taxes 179.03 1995 & Prior Revit 0.00 1995 & Prior Vehicle Revit 0.00 1995 & Prior FVT 94.98 1995 Storm Water 97.20 Interest 7,845.19 Interest (Revit) 2.56 Interest (Storm Water) 388.30 Fayetteville Discount (146,752.79) Revit. Discount (337.86) Total Collections $8,030,945.85 3. Report of tax refunds less than $100. Name Year Basis City Refund Advanced Waste Management 1999 Corrected Assessment $18.00 Barnes, Elizabeth L. and Jerry Neal 1998 Military Non-resident 36.33 Collier Insurance Co., Inc. 1999 Corrected Assessment 10.19 Cloud, Brent or Delia M. 1998 Military Non-resident 5.58 Cook, Bobby L. 1997 Military Non-resident 34.76 Earp, Morgan W. 1999 Corrected Assessment 8.02 Galaraza, Alex & Joanette 1998 Military Non-resident 29.65 Hinson, Betty Davis 1998 Corrected Tax District 45.49 Hinson, Eddie W. 1998 Corrected Tax District 19.64 Kane, Herbert A. Jr. and Wife 1998 System Error 12.15 Latimer, James A. 1996 Military Non-resident 47.61 Robinson, Kendall & Novice H. 1997 Military Non-resident 75.07 Seward, Jean & Alfonzo 1998 Jurisdiction Fort Bragg 47.96 Smith, Joseph M. 1998 Military Non-resident 28.46 Smith, Lisa L. & Joseph 1999 Military Non-resident 17.39 Thomas, Vernell C. 1999 Corrected Assessment 3.27 Wilson, Ronald L. 1997 Military Non-resident 35.93 Total $475.50 4. Update on Robeson Street Widening for the Airborne & Special Operations Museum. 5. Parks and Recreation Advisory Commission - minutes of August 23, 1999. 6. PWC - minutes of August 25, 1999. MOTION: Councilmember Kizer moved to adjourn the meeting. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Mayor Pro Tem McBryde excused) The meeting was adjourned at 10:17 p.m. REGULAR MEETING OCTOBER 18, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER OCTOBER 18, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mayor Pro Tem F. Milo McBryde (at-large); James M. Kizer, Jr. (at-large); Anne D. Fogleman (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Robert A. Massey, Jr. (District 3)(arrived at 8:20 p.m.) Darrell J. Haire (District 4) Suzan K. Cheek (District 5) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Ben Brown, Chief Development Officer Brad Whited, Airport Director Scott Dorney, Human Resources Director Lisa Smith, Chief Financial Officer Victor Sharpe, Planning Services Manager Kathy Kem, Planner II Kumar Nepalli, City Traffic Engineer Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Robert McQueen, of The Burning Bush Missionary Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented the HUD Best Practice Award for Neighborhood Resource Centers in Low-Moderate Income Neighborhoods award to Mr. Ben Brown, Chief Development Officer. Mr. Brown stated that the City of Fayetteville was selected from a field of 1,800 nominations and the Neighborhood Resource Centers were linking people who needed services with the persons who provided the services. Mayor Dawkins announced the Character Education Concept for September 1999 was responsibility. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmembers Cheek, Haire, and Massey until they arrived at the meeting. SECOND: Councilmember Worthy VOTE: UNANIMOUS 1. APPROVAL OF AGENDA Councilmember Kizer requested to abstain from discussion or voting on Items 3.A, 3.D, and 4. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Kizer from discussion or voting on Items 3.A, 3.D, and 4. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmembers Cheek, Haire, and Massey excused) City Manager Roger Stancil requested to correct Item 2.G to read Cypress Road instead of Cyprus Road, to pull Item 5, consideration of appeal by Dr. Mohammad A. Sabur Nasiri of decision of Inspections Director, and to add a closed session to discuss economic development and property acquisition as Item 5. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the changes. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Cheek, Haire, and Massey excused) 2. CONSENT: Councilmember Kendrick requested to pull Item 2.G. MOTION: Councilmember Kizer moved to approve the consent agenda with the exception of Item 2.G. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmembers Cheek, Haire, and Massey excused) The following items were approved: A. Approve minutes of regular meeting of September 7, 1999. B. Approve minutes of regular meeting of September 20, 1999. C. Accept the certification of results of the October 5, 1999, municipal primary from the Board of Elections. We, the undersigned Board of Elections of Cumberland County, North Carolina, do hereby certify that we met in the Courthouse at 11:00 a.m. on Friday, October 8, 1999, and after canvassing the original return of the Chief Judges and Judges of Elections of the votes cast in the Municipal Primary Election for Mayor, City Council District 2, City Council District 5, City Council District 6, City Council District 9 and City Council At-Large of the City of Fayetteville, N.C., held on October 5, 1999, 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 J. L. Dawkins 7,926 Stephen Felder 688 Edna M. Pickett 988 FOR CITY COUNCIL District 2 Len C. Brown 79 Mildred L. Oglesby 96 Mable C. Smith 512 Michael Smith 109 District 5 Lois A. Kirby 455 Frank Lund 99 Nat Roberson, Jr. 525 George Turner 270 District 6 Leon A. Goldstein 152 Mark Kendrick 914 Elinor Luse Netzorg 154 District 9 Thomas P. Coyne 455 Ronnie Lee Peele 198 Rollin Shaw 1,536 At-Large Barbara E. Armstrong 1,117 Anne Fogleman 3,718 David R. Hall 945 Hyon Kyong Jackson 1,255 Milo McBryde 4,638 Larry Melvin 610 Marshall B. Pitts, Jr. 3,738 Suzanne Rucker 2,686 Wick Smith 3,487 Paul A. Williams 3,017 We, therefore, certify that we have judicially determined that the votes received for candidates for Mayor and City Council resulted in the nomination of the following candidates to appear on the ballot on November 2, 1999. FOR MAYOR J. L. Dawkins Edna M. Pickett FOR CITY COUNCIL District 2 Mable C. Smith Michael Smith District 5 Lois A. Kirby Nat Roberson, Jr. District 6 Mark Kendrick Elinor Luse Netzorg District 9 Thomas P. Coyne Rollin Shaw At-Large Anne Fogleman Milo McBryde Marshall B. Pitts, Jr. Suzanne Rucker Wick Smith Paul A. Williams D. Approve NCDOT Funding Share of 1998-1999 FAA Airport Improvement Program (AIP) Grant 3-37-0021-21 State Aid to Airports for Fayetteville Regional Airport for the following projects: 1. Construction of 800 feet of Airport Road contiguous to NCDOT's improvement to Airport Road. 2. Engineering, Design and Planning to evaluate runway safety areas on all four approaches. 3. Phase 1 Security System Upgrade Hardware/Software. 4. Modification to Jet-bridge B3 to accept regional jet aircraft. E. Adopt resolution authorizing disposal of City/Airport FBO equipment to Piedmont/Hawthorne. A RESOLUTION DECLARING VARIOUS CITY-OWNED PERSONAL PROPERTY ITEMS SURPLUS AND AUTHORIZING DISPOSAL VIA PRIVATE NEGOTIATION AND SALE AS ALLOWED BY N.C.G.S. 160A-267. RESOLUTION NO. R1999-071. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. F. Approve cancellation of October 25, 1999, Information Meeting. G. Pulled for discussion by Councilmember Kendrick. H. Adopt resolution for speed limit changes on Morganton Road as specified below: 1. 45 miles per hour speed limit from Cliffdale Road to McPherson Church Road. 2. 35 miles per hour speed limit from McPherson Church Road to Ruritan Drive. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO CHANGE THE SPEED LIMIT ON MORGANTON ROAD IN BETWEEN CLIFFDALE ROAD AND RURITAN DRIVE. RESOLUTION NO. R1999-072. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. I. P99-43F. The rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 672 South Reilly Road. Containing .50 acres more or less and being the property of Byong Ku Choe as evidenced by deed recorded in Deed Book 5107, Page 167, Cumberland County Registry. J. P99-45F. The rezoning from R10 Residential District to R5A Residential District or to a more restrictive zoning classification for an area located at 574-598 Townhouse Lane. Containing .98 acres more or less and being the property of Sheila Lee; Wahaj & Sarwat Ahmad; Secretary of Veterans Affairs; Christie Evans; Craig & Jennifer Nichols; Ralph Johnson; James Sanders; Scharon Stein; Edila Jackson; John Wellons, Jr.; William & Corrine Culbreth; and Fayetteville Country Club Townhouses Association, Inc. as evidenced by deeds recorded in Deed Book 3346, Page 761; 4559, Page 696; 3413, Page 810; 5054, Page 267; 4547, Page 608; 3367, Page 117; 4395, Page 425; 4625, Page 49; 4996, Page 90; 4752, Page 888; 3689, Page 873; 3486, Page 12, respectively, Cumberland County Registry. K. P99-46F. The rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at the rear of 1048 & 1050 Southern Avenue. Containing .17 acres more or less and being the property of James Alfred Brewington as evidenced by deed recorded in Deed Book 4839, Page 151, Cumberland County Registry. L. P99-49F. The rezoning from R10 Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the north side of Dairy Rd, south of Raeford Road, and the property located at 5403 Raeford Road. Containing 1.5 acres more or less and being the property of Cope Hospitality Management, Inc. as evidenced by deeds recorded in Deed Book 5078, Page 8; and Book 3976, Page 525, Cumberland County Registry. M. P99-51F. The rezoning from R10 Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located at 5330 Dairy Drive and adjacent property to the East. Containing .99 acres more or less and being the property of Richard R. Allen, Sr. as evidenced by deed recorded in Deed Book 3633, Page 251, Cumberland County Registry. N. Approve of the following non-profit agency contracts: 1. Cape Fear Botanical Garden The contract was approved in the amount of $10,000. 2. Fayetteville Area Economic Development Corporation The contract was approved in the amount of $30,000. 3. Women's Center The contract was approved in the amount of $37,500. O. Adopt Capital Project Ordinance Amendment 2000-3 (School Road Fire Station) At the November 2, 1998, meeting, City Council awarded construction contracts for the School Road Fire Station. As a result of City Council's selection of an all-brick exterior, the engineering, construction and financing costs for the project was estimated to be $1,194,780. Funding for this project consisted of capital lease proceeds, investment income, and funds available from the vehicle replacement budget in the General Fund. Since this meeting, necessary drainage and miscellaneous design improvements of $50,000 have increased the cost of the project to $1,244,780. This ordinance amendment is necessary to appropriate an $89,325 transfer from the General Fund to cover costs associated with the project. The transfer includes $39,325 as originally considered by Council at the November 2, 1998, meeting and an additional $50,000 for the drainage and design improvements. G. Approve amendment to Chapter 26, Motor Vehicles and Traffic, for stop control on Cypress Road at Odom Drive. Councilmember Kendrick pulled this item for discussion of the impact the changes would have on Owen Drive. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1999-032. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1999-033. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1999. MOTION: Councilmember Kendrick moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmembers Cheek, Haire, and Massey excused) 3. PUBLIC HEARINGS: A. Consideration of extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation area, Bernard Szabo property - Rulnick Street Apartments. (Located south of Raeford Road and on the east side of Rulnick Street.) City Manager Roger Stancil recommended approval of the annexation be effective December 31, 1999, in order to prevent the annexed residents from being denied the right to vote in the municipal election on November 2, 1999. Mr. Stancil stated the staff recommended that Rulnick Street not be included in the annexation since only a portion of one side of the street would be in the City. Mayor Dawkins opened the public hearing set for this date and time at 7:22 p.m. There was no one present to speak either in favor or opposition and the public hearing closed at 7:22 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. BERNARD SZABO PROPERTY - RULNICK STREET APARTMENTS, LOCATED ON THE SOUTH SIDE OF RAEFORD ROAD AND THE EAST SIDE OF RULNICK STREET. ANNEXATION ORDINANCE NO. 99-10-439. MOTION: Councilmember Smith moved to approve. SECOND: Councilmember Talbot VOTE: UNANIMOUS (Councilmembers Cheek, Haire, and Massey excused) (Councilmember Kizer abstaining) B. P99-42F. The rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located on the north side of Country Club Drive and west of Clearwater Drive. Containing .45 acres more or less and being the property of Mae Q. DeJesus as evidenced by deed recorded in Deed Book 3364, Page 515, Cumberland County Registry. Mr. Victor Sharpe, Planning Services Manager, presented this item. He reviewed the current land use, the 2010 Land Use Plan, and the rezoning history of the area. Mr. Sharpe stated the Zoning Commission and the staff recommended rezoning the property to P2. This is the advertised public hearing set for this date and time. The public hearing opened at 7:27 p.m. Mr. Jim Graves, 153 Meadowcroft Drive, Fayetteville, NC, appeared in favor of the rezoning. Ms. Phyllis Jackson, 610 Arrowood Drive, Fayetteville, NC, and Mr. W. Clay Hodge, 2705 Dartmouth Drive, Fayetteville, NC, appeared in opposition. There was no one further to speak and the public hearing closed at 7:35 p.m. MOTION: Councilmember Smith moved to deny the request for rezoning. SECOND: Mayor Pro Tem McBryde A discussion was held regarding the reason for the staff's recommendation and the suitability of the property for a P2 buffer. Councilmember Milligan inquired if this would be spot zoning. City Attorney Robert Cogswell stated it met the definition, but the question then became if it was legal or illegal spot zoning, and in his opinion, and based on the staff's recommendation and findings, he did not think it was illegal spot zoning. Further discussion was held with Councilmembers Worthy, Williams, and Talbot expressing their support for the rezoning and Councilmembers Fogleman, Milligan, McBryde, and Smith expressing their support for the denial. VOTE: Passed by a vote of 5 in favor (Councilmembers Kendrick, McBryde, Smith, Fogleman, and Milligan) to 4 in opposition (Councilmembers Worthy, Talbot, Kizer, and Williams) (Councilmembers Cheek, Haire, and Massey excused) C. P99-44F. The rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 113 Wall Street. Containing .18 acres more or less and being the property of James & Bernice Douglass, Jr. as evidenced by deed recorded in Deed Book 4882, Page 186, Cumberland County Registry. Kathy Kem, Planner II, presented this item and reviewed the current land use, the 2010 Land Use Plan, and the zoning history of the area. Ms. Kem stated the Zoning Commission recommended denial of the C3 zoning request but recommended approval of rezoning the property to P2. The staff recommended denial of the rezoning based on the recommendations of the North Street area plan that recommended medium density residential uses for this area. This is the advertised public hearing set for this date and time. The public hearing opened at 7:50 p.m. Mr. James D. Douglass, Jr., 321 Moore Street, Fayetteville, NC, appeared in favor of the zoning request. Mr. Douglass stated he would be happy with the P2 zoning classification. Mr. Carl C. Lennon, 865 Orange Street, Fayetteville, NC, appeared in opposition. There was no one further to speak either in favor or opposition and the public hearing closed at 7:55 p.m. MOTION: Mayor Pro Tem McBryde moved to follow the Zoning Commission's recommendation to deny the zoning request for C3 and to approve the P2. SECOND: Councilmember Worthy Councilmember Worthy stated he wanted it made clear that the stipulation of the buffer on the backside of the property would be observed. VOTE: UNANIMOUS (Councilmembers Cheek, Haire, and Massey excused) D. P99-47F. Consideration of an application by James M. Kizer, Sr. for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-29(4) to allow mini-storage in a C1P Shopping Center District for an area located on Skateway Drive, north of Raeford Road. Containing 7.5 acres more or less and being the property of Murry & Joann Hodges as evidenced by deed recorded in Deed Book 4712, Page 298, Cumberland County Registry. Councilmember Kizer abstained from discussion or voting on this item. Mr. Victor Sharpe, Planning Services Manager, presented this item. Mr. Sharpe reviewed the current land use, the 2010 Land Use Plan, and the zoning history. He stated the Zoning Commission recommended approval of the Special Use Permit and the staff could make no recommendation because this was a Special Use Permit and the decisions had to be based on the following findings of fact made: a. Fit in with the character of the area in which such use is to be located: and b. Such use is not detrimental to the surrounding area. This is the advertised public hearing set for this date and time. The public hearing opened at 8:03 p.m. After being sworn in, Mr. Berry Allison, Morning Star Storage, 10833 Monroe Road, Matthews, NC, and Mr. Jim Kizer, 115 Broadfoot Avenue, Fayetteville, NC, appeared in favor of the Special Use Permit. There was no one signed up to speak in opposition and the public hearing closed at 8:10 p.m. MOTION: Mayor Pro Tem McBryde moved to approve the Special Use Permit with the findings of fact as stated by Mr. Sharpe. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Cheek, Haire, and Massey excused) E. P99-48F. Consideration of an application by Clayton J. Britt for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(3) to allow an assisted living facility in an R5 Residential District and C1 Local Business District for an area located at 109/111/117/123 'B' Street, and 453/457 Person Street. Containing 1.51 acres more or less and being the property of Second Baptist Church Trustees; Clayton J. Britt; John Wesley Bullard, Jr.; and Second Baptist Church Trustees, as evidenced by deeds recorded in Deed Book 2813, Page 359; 4250, Page 192; 280 Page 7; 2813, Page 359, respectively, Cumberland County Registry. Ms. Kathy Kem, Planner II, presented this item and reviewed the current land use, the 2010 Land Use Plan, and the site plan. Ms. Kem stated the setbacks would have to be changed but that had been discussed with the applicant. Ms. Kem stated the Zoning Commission recommended approval and the staff could not make any recommendations because this was a Special Use Permit. Ms. Kem stated the following findings of fact needed to be made: 1. Such use is not detrimental to the surrounding neighborhood; and 2. Such use shall fit in with the character of the neighborhood. This is the advertised public hearing set for this date and time. The public hearing opened at 8:15 p.m. Mr. Clayton Britt, 944 Hollywood Blvd., Fayetteville, NC, appeared in favor of the Special Use Permit. Ms. Portia Thornhill, 209 B Street, Fayetteville, NC, appeared in opposition. There was no one further signed up to speak and the public hearing closed at 8:21 p.m. Councilmember Massey arrived at the meeting at 8:20 p.m. MOTION: Mayor Pro Tem McBryde moved to approve the Special Use Permit with the findings of fact as set out. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) F. P99-50F. The rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 6495 Raeford Road. Containing .45 acres more or less and being the property of Sung R. VanMeter as evidenced by deed recorded in Deed Book 3062, Page 753, Cumberland County Registry. Mr. Victor Sharpe, Planning Services Manager, presented this item. He reviewed the current land use, the 2010 Land Use Plan, and the zoning history. Mr. Sharpe stated the Zoning Commission recommended denial of the rezoning request to C2 and the staff also recommended denial because the 2010 Land Use Plan recommended medium density residential uses at this site and because the rezoning of this lot would cause the structure to become non-conforming based on the setbacks required in the commercial district. Councilmember Williams inquired how being non-conforming would effect public safety and health. Mr. Sharpe stated the Planning staff did not want to intentionally recommend a use that would make the property non-conforming with the City's ordinance standards. This is the advertised public hearing set for this date and time. The public hearing opened at 8:29 p.m. Mr. Michael Leechford and Mrs. Lisa Leechford, 6854 Southstuff Drive, Fayetteville, NC, appeared as representatives for the owner and were in favor of the rezoning. There was no one signed up to speak in opposition and the public hearing closed at 8:33 p.m. MOTION: Councilmember Williams moved to approve the rezoning to C1. SECOND: Councilmember Worthy Councilmember Williams inquired how many feet was the property non-conforming for a C1 zoning period. Mr. Sharpe stated it was about nine feet off. VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) Mayor Pro Tem McBryde requested the staff to look at this area for future zoning. 4. P99-26F. Consideration of the initial zoning to R5A Residential District or to a more restrictive zoning classification for an area located south of Raeford Road and east of Rulnick Street. Containing 3.2 acres more or less and being the property of Bernard Szabo as evidenced by map and legal description furnished by the City of Fayetteville and being annexed by the City of Fayetteville, with a suggested effective date of December 31, 1999. Councilmember Kizer abstained from discussion or voting on this item. MOTION: Councilmember Kendrick moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) (Councilmember Kizer abstaining) ORIGINAL ITEM 5. Consideration of appeal by Dr. Mohammad A. Sabur Nasiri of decision of Inspections Director. NCGS 160A-430. This item was removed from the agenda. SUBSTITUTE ITEM 5. Closed session for discussion of property acquisition and economic development MOTION: Councilmember Smith moved to go into closed session to discuss property acquisition and economic development. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Cheek and Haire excused) The closed session began at 8:40 p.m. and the regular session resumed at 9:19 p.m. 6. Consideration of request to address City Council from Doug Traub regarding funding assistance to conduct a Natural Area Inventory by the N.C. Division of Parks and Recreation. Mr. Carl Legatski and Mr. Douglas Traub addressed the Council and requested funding of $10,000 to go towards the funding of a $40,000 National Area Inventory to be conducted by the North Carolina Division of Parks and Recreation. They stated they represented the Cumberland County Conservancy (CCC), the new land trust for the community that is currently incubating as part of the Sandhills Area Land Trust (SALT), a 501 corporation based in Southern Pines. MOTION: Mayor Pro Tem McBryde moved to approve the request for $10,000. SECOND: Councilmember Milligan In response to a question, City Manager Roger Stancil stated the funding would be $5,000 from the Planning Budget resulting from an unfulfilled position and $5,000 from Recreation/Community Facilities from moneys that had been saved on equipment purchase. VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) 7. Consideration of adoption of joint resolution with Cumberland County Board of Commissioners and Cumberland County School Board of Education establishing a Complete Counts Committee for Census 2000. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal recommended adoption of the joint resolution. CENSUS 2000 RESOLUTION-CUMBERLAND COUNTY BOARD OF COMMISSIONERS, CUMBERLAND COUNTY BOARD OF EDUCATION AND FAYETTEVILLE CITY COUNCIL. RESOLUTION NO. R1999-073. MOTION: Councilmember Fogleman moved to adopt the resolution. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 8. Report from Transportation Committee. Councilmember Kendrick presented this item. 1. Update on Legend Avenue/Sycamore Dairy Road area project. MOTION: Councilmember Kendrick moved to add connection to Bragg Boulevard to the TIP, and to fund the City share of the project as proposed by staff. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) 2. Discussion of prohibiting on-street parking on Council Street. Councilmember Kendrick stated the installation of the no parking signs on Council Street required no action by the Council. 3. Discussion of street lighting priority list and review of list for street lighting improvements. MOTION: Councilmember Kendrick moved to follow the Committee's recommendation to use the priority list presented by PWC. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) Councilmember Worthy requested that the Committee look into the lighting in the Summerhill area. 4. Update on SafeLight Program. Councilmember Kendrick stated two intersections would be on line in December, and eight more would be ready within the first few months of the year 2000. Mr. Kendrick stated the project was going well. 5. Update on traffic improvements at Winding Creek Road/Brigadoon Lane/Driveway to Max Abbott School. Councilmember Kendrick stated this item had been resolved. 6. Review of the Proposed Collector Street Plan. MOTION: Councilmember Kendrick moved to approve the recommended addition of streets to the proposed collection street plan to include the addition of Filter Plant Road. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) 7. Discussion of establishment of an ordinance to prevent the avoidance of traffic signals and stop signs via cutting through corner properties. Councilmember Kendrick stated the Committee recommended following the recommendation of the Police Department not to pursue this any further because it would be unenforceable. Mr. Kendrick stated no action was required by the Council. 8. Discussion of the placement of a caution light and pedestrian crossing for Murchison Road at the Washington Drive intersection. Councilmember Kendrick stated the Committee did not recommend a caution light but the intersection would continue to be monitored for changes which could warrant a light. 9. Review of the status of all unpaved streets within the City limits. Councilmember Kendrick reported there were 80 unpaved streets maintained by the City for a total of 8.25 miles at a cost of $1,500,000. 10. Discussion of pedestrian bridge over Village Drive connecting Cape Fear Valley Hospital and Bordeaux Shopping Center. Councilmember Kendrick stated the Committee recommended the submission of a grant application for the project provided no City funds are used. 11. Follow-up report on McPherson Church Road and Murray Hill Road. Councilmember Kendrick reported that the traffic volume had remained steady the past six months and no speeding problems had been found. He stated there had been a slight increase in traffic accidents but the study showed that none of the warrants for a traffic signal had been met for this intersection. Councilmember Kendrick stated a letter had been sent to the City Council stating that the Transportation Division had said there were indications for the installation of the light which was contradictory to the staff's report. Mr. Kendrick asked the City Manager for his input. Mr. Stancil stated his understanding was that a conversation had been held by Mr. Anderson, but there were no reports provided that would be contrary to what was presented to Council by the staff. Mr. Stancil stated the staff's report was his recommendation. Councilmember Talbot requested that the Traffic Services Division keep monitoring this situation. Councilmember Kendrick reported that the Transportation Committee accepted the report and took no action. Mr. Kendrick also stated that Captain Barefoot of the Police Department had indicated that cut-through traffic on Murray Hill Road may increase if a traffic signal is located at the intersection. 9. Consideration of election of voting and alternate voting delegates for the NCLM Convention, Greensboro, October 24-26, 1999. MOTION: Councilmember Kendrick moved to have Councilmember Fogleman serve as the delegate. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) MOTION: Councilmember Kendrick moved to have Mayor Dawkins serve as the alternate. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) 10. Consideration of the following items from Councilmember Paul Williams: A. Discussion of Page 118 taken from the October 4, 1999 City Council Agenda regarding Action Plan 1999-2000 of the Arts Council of Fayetteville/Cumberland County. Councilmember Williams stated he was concerned about the section of the Arts Council's Action Plan 1999/2000, which stated the Arts Council would conduct a survey of local government candidates regarding their commitment to the Arts and publish the results. Councilmember Williams expressed his objection to having the survey sent out to their mailing list because it resulted in the survey telling a person how to vote. Councilmember Williams stated he had checked with the local Board of Elections and they had forwarded his questions to the State Board of Elections for input as to whether the Arts Council would be considered a political action committee. MOTION: Councilmember Williams moved that the Council reconsider and delay the consideration and approval of the contract until the State Board of Elections met in the middle of November and made a decision on his question. SECOND: Councilmember Talbot Councilmember Smith stated during the budget process, a decision had been made to support the Arts and the Arts Council and in his opinion, to go back now, would not be good. Councilmember Smith requested the Council support approval of the contract on the basis of free speech and honor their commitment to support the Arts. Councilmember Fogleman expressed her support for the Arts Council. Councilmember Worthy requested that Ms. Libby Seymour address the Council. Ms Seymour stated the Arts Council had proactively responded to all questions on this issue and she would prefer that their attorney, Rick Glazier, address the Council and answer any questions. In response to a question, Ms. Seymour stated no public funds had been used in the mailing of the survey and this could be shown through their annual tracking audit. Councilmember Williams stated he objected to using City funds for the survey prior to the election, and all of the Arts Council's funds were in one pot and therefore, there was no difference in public and private funds. Mr. Williams stated he was not asking for the contract to be withdrawn on a permanent basis, but he was requesting a four-week delay. Further discussion was held regarding the issue. Mr. Rick Glazier, Attorney for the Arts Council, stated the mailing list was a list of the patrons of the Arts. He reviewed the limitations placed on a 501(c3) organization and pointed out the Arts Council's compliance in each of the criteria. Mr. Glazier stated it was his legal opinion the action was proper and legal. He stated the Arts Council was not a PAC. Mr. Glazier stated there were no objections by the Council when the questionnaire was sent out or when it came back in. The only time there had been any objection was when the survey was mailed out. Mr. Glazier pointed out that this same questionnaire had been mailed out the year before and there had not been any objections at that point in time. City Attorney Robert Cogswell asked Councilmember Williams to restate his motion. RESTATED MOTION: Councilmember Williams moved to reconsider the previous action on this item. VOTE: Failed by a vote of 1 in favor (Councilmember Williams) to 9 in opposition (Councilmembers Smith, Worthy, Kendrick, McBryde, Kizer, Milligan, Fogleman, Massey, and Talbot) (Councilmembers Cheek and Haire excused) B. Reconsideration of contract with the Arts Council No action was taken on this item. 11. Consideration of abolishing the downtown tax. (Requested by Councilmember Don Talbot) Councilmember Talbot requested to withdraw this item from the agenda. MOTION: Councilmember Talbot moved to withdraw Item 11. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) 12. APPOINTMENTS: A. Senior Citizens Advisory Board - appointment to fill two vacancies. Ms. Frances Leary and Ms. Greta Reese were re-appointed to a second term. B. Historic Resources Commission - appointments to fill the following vacancies: 1. Four at-large Ms. Susan Hyatt and Mr. Francis Wright were re-appointed to second terms. Mr. George Stout and Mr. Lonnie Player, Jr., were appointed to first terms. 2. 1 Category 1 (Licensed Registered Architect) 3. 1 Category 2 (Historic Preservationist or Cultural or Social Historian 4. 1 Category 4 (Building Designer) MOTION: Councilmember Kendrick moved to appoint Mr. Eric Lindstrom to Category 1, Mr. Wayne Riggins to Category 2, and Mr. David Guitierrez, to Category 4. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) C. Wrecker Review Board - appointments to fill 1 Council appointed vacancy for Chairperson. Mr. Michael Royal was re-appointed to a second term. D. Parks and Recreation Advisory Committee - appointments to fill 7 vacancies. Mr. Robert Taylor, Ms. Dorothy Fielder, and Mr. William Carver were appointed to their first term. Mr. Alan Campbell, Dr. Peggy Green, and Ms. Katherine Marable were re-appointed to their second terms. E. Appearance Commission - appointments to fill 2 vacancies. Mr. Charles Astrike was appointed to a first term at-large to be effective December 31, 1999. 1. 1 Architect Category No nominations were made. F. Human Relations Commission - appointments to fill 1 vacancy. Dr. Walter J. Haire was appointed to a first term. 13. November vacancies: Nominations will be taken on October 18 and November 1. Appointments will be made at the November 15 meeting. 1. Fair Housing Board - nominations will be needed to fill three vacancies (1 attorney vacancy, 1 real estate vacancy, 1 at large vacancy) No nominations were made. 14. Appointment to Community Health Care Council No nominations were made. 15. ADMINISTRATIVE REPORTS A. Report on current City position vacancies. B. Report on proposed plan for City Christmas/New Year holidays. City Manager Roger Stancil reported that City Hall would be closed on December 24 and 27 and open on December 31. C. Y2K Update. D. Planning update. E. Planning for leaf season. City Manager Roger Stancil stated the proposed plan was to have two sweeps of the City prior to Christmas and one sweep after Christmas. Mr. Stancil stated all bids for collecting hurricane debris from Bragg Boulevard outward had been rejected due to the high costs and City employees would be used with larger trucks being rented to accommodate the debris. Mr. Stancil stated that the hurricane pickup would be done by the 31st of October and the leaf season would begin on November 15, 1999. A discussion was held regarding the process used to notify homeowners when yard debris could not be picked up due to non-compliance. INFORMATION ITEMS: 1. Thank you note from family of Annie Mae Chappell. 2. Report on speed studies on Sandalwood Drive, Pearl Street, and Wellons Drive/Sandra Drive. (Requested by Councilmember Mark Kendrick) MOTION: Councilmember Kendrick moved to refer Sandalwood Drive and Pearl Street to the Transportation Committee. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Cheeks and Haire excused) 3. Update on repairs to Mirror Lake, Devonwood and The Lakes dams. 4. Community Improvement Team - monthly reports for August and September 1999. 5. Status report on Phase II, IIIA and IIIB annexation projects. 6. PWC - minutes of September 8, 1999. 7. FAEDC - minutes of August 17, 1999. MOTION: Mayor Pro Tem McBryde moved to adjourn the meeting. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmembers Cheek and Haire excused) The meeting was adjourned at 10:32 p.m. REGULAR MEETING NOVEMBER 1, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 1, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); James M. Kizer, Jr. (at-large); Anne D. Fogleman (at-large); Betty Milligan (District 1); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Paul A. Williams (District 2) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Lisa Smith, Chief Financial Officer Ben Brown, Chief Development Officer Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Major Paul Kirkpatrick, of The Salvation Army, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented Ms. Anne Bonett, the Director of the Eastern Carolina Office of the Muscular Dystrophy Association, with a proclamation declaring the week of November 7-13 Disability Awareness Week. Mayor Dawkins announced the Character Education Concept for November 1999 was integrity. 1. APPROVAL OF AGENDA MOTION: Councilmember Talbot moved to excuse Councilmember Williams from the meeting. SECOND: Councilmember Worthy VOTE: UNANIMOUS City Attorney Robert Cogswell stated that in Item 2.P, the employee requesting legal representation was Jeffrey Dale Houston, in the lawsuit The City of Fayetteville vs. Clarence J. Lewis. Mr. Cogswell stated that Mr. Houston was acting within the scope and course of his employment and was entitled to legal representation. He recommended the Council authorize legal representation by Walker Worth, Jr., at a rate of $150 per hour. Mr. Cogswell advised the Council that the Boards and Commissions information memo in the agenda packet had been revised and a new copy was on their desk for insertion into their packets. MOTION: Mayor Pro Tem McBryde moved to approve the agenda. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Williams excused) 2. CONSENT: MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Williams excused) The following items were approved: A. Approve minutes of regular meeting of October 4, 1999. B. Approve tax refunds in excess of $100. Name Year Basis City Refund American Honda Finance 1998 Incorrect Tax District $108.12 White, Ollie 1996 Corrected due to fire damage 112.52 Mumper, Allen D. 1998 DMV Error 116.95 Vista Eyecare Inc. #1238 1999 Corrected Assessment 202.53 Vista Eyecare Inc. #126 1999 Corrected Assessment 135.99 Wright, Dallas Ray 1998 Corrected Assessment 136.63 Total $812.74 C. Adopt resolution pursuant to N.C.G.S 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Lot 13 - Kellam Circle - located in Pine Ridge Subdivision). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(c) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA. KELLAM CIRCLE (LOCATED AT LOT 13 OF PINE RIDGE SUBDIVISION). RESOLUTION NO. R1999-074. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. D. Adopt resolution pursuant to N.C.G.S 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Maria Pappas property - located on the northeast corner of Darrow Drive and Bingham Drive). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA. MARIA PAPPAS PROPERTY (LOCATED ON THE NORTHEAST CORNER OF DARROW DRIVE AND BINGHAM DRIVE). RESOLUTION NO. R1999-075. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. E. Adopt Capital Project Ordinance 2000-3 (Acquisition of Transit Vans and Miscellaneous Capital). This ordinance will establish the budget for the fiscal year 1999/2000 federal and state grant awards, and related local matches, for the acquisition of ten replacement vans and one 24-passenger van for the Human Services Transportation System (HSTS). The total project budget is $813,625 with funding provided as follows: federal ($650,900), state ($41,500) and local match ($81,225 General Fund transfer and $40,000 Transit Operating Fund transfer). F. Adopt Special Revenue Project Ordinance 2000-5 (Transit Planning Grant). This ordinance will establish the budget for the fiscal year 1999/2000 federal and state grant award for planning associated with the Transit System. The total project budget is $100,000 with funding provided as follows: federal ($80,000), state ($10,000) and local match ($10,000 General Fund transfer). G. Approve transfer of seven lots on Monagan Street to Habitat for Humanity. H. Accept donation of two parcels of land from Cumberland County which are located adjacent to Clark Park. I. Approve amendment to outside agency contracts. J. Award contract for construction of the Tom Starling Road Water Main Extension to Bryant Electric (Archdale, NC), low bidder, in the amount of $732,012.20. (PWC) Bids were received as follows: Bryant Electric (Archdale, NC) $732,012.20 ES&J Enterprises (Autryville, NC) $743,555.40 Mainline Contracting (Durham, NC) $749,073.80 Brewer's Excavating (King, NC) $752,638.26 Wellons Construction (Dunn, NC) $769,179.70 State Utility Contractors (Monroe, NC) $830,102.30 Herring & Riverbark (Kinston, NC) $926,936.00 James L. Cayton Utilities (New Bern, NC) $980,164.00 T.A. Loving (Goldsboro, NC) $1,092,069.00 Dellinger (Monroe, NC) $1,152,443.00 K. Award contract for construction of Gillis Hill Road 16" Water Distribution Line to Wellons Construction (Dunn, NC), low bidder, in the amount of $112,423.60. (PWC). Bids were received as follows: Wellons Construction (Dunn, NC) $112,423.60 Odell Smith & Sons (Spring Lake, NC) $123,457.20 T.A. Loving Co. (Goldsboro, NC) $138,986.00 W.J. Jackson Construction (Fayetteville, NC) $200,197.00 L. Award contract for purchase of Tubular Steel Structures for the 69kV Transmission Relocation along Robeson Street (NCDOT Project 8.1442401 [U-3421]) to Valmont Industries (Valley, NE), low bidder, in the amount of $43,397.00. (PWC) Bids were received as follows: Valmont Industries (Valley, NE) $43,397.00 Thomas & Betts (Memphis, TN) $46,621.00 International Utility Structures (Calgary, Alberta) $48,105.00 Newark International (Grand Prairie, TX) $76,421.00 M. Award contract for purchase of 30,000' of Fiber Optic Cable, 24 Fibers, ADSS (with option to purchase additional quantities within a one-year period) to Graybar Electric Company (Charlotte, NC), low bidder, in the amount of $20,010.00. (PWC) Bids were received as follows: Graybar Electric Company (Charlotte, NC) $20,010.00 Alcoa Fujikura, Ltd., c/o Utility Lines (Davidson, NC) $27,330.00 N. Award contract for purchase of 45,000' of Fiber Optic Cable, 144 Fibers, ADSS (with option to purchase additional quantities within a one-year period) to Graybar Electric Company (Charlotte, NC), low bidder, in the amount of $138,150.00. (PWC) Bids were received as follows: Graybar Electric Company (Charlotte, NC) $138,150.00 Alcoa Fujikura, Ltd., c/o Utility Lines (Davidson, NC) $165,510.00 O. Approve License Agreement, Easement Agreement and Memorandum of License Agreement with GTE Wireless for construction of monopole tower at the rear of Mintz Pond substation. (PWC) The annual license fee is $10,000, and will increase by 3 percent per year for term of the agreement. P. Approve request for legal representation City Attorney Robert Cogswell recommended that City employee Jeffrey Dale Houston be approved for legal representation in the lawsuit City of Fayetteville vs. Clarence J. Lewis. Mr. Cogswell stated that Mr. Houston was acting within the scope and course of his employment at the incident and was entitled to legal representation. He recommended that the Council authorize legal representation of Walker Worth, Jr., at a rate of $150 per hour. 3. Consideration of appeal by Dr. Mohammad A. Sabur Nasiri of decision of Inspections Director. NCGS 160A-430. City Attorney Robert Cogswell stated that on October 28, 1999, he had mailed a letter to Dr. Mohammad A. Sabur Nasiri acknowledging his request to withdraw his appeal. Mr. Cogswell stated that in his letter he had given a deadline of 5 p.m., Monday, November 1, 1999, for Dr. Nasiri to notify him to the contrary. Mr. Cogswell stated he had not heard anything and therefore he recommended the Council approve the withdrawal. MOTION: Councilmember Smith moved to approve the withdrawal. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Williams excused) 4. Consideration of final approval of the purchase of approximately 19.2 acres of land adjacent to Westover Schools for use as a park, pending the granting of access to property. City Manager Roger Stancil presented this item noting his recommendation was to authorize the City Manager to execute the purchase. MOTION: Councilmember Cheek moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Williams excused) Councilmember Cheek encouraged the City Council to appropriate moneys to refill the Parks Appropriation Funds. 5. Consideration of the following financial matters regarding the Series 1999 Revenue Bonds: Ms. Lisa Smith, Finance Director, presented this item. A. Adoption of a resolution directing the filing of an application for approval of the issuance of Public Works Commission Revenue Bonds, Series 1999 for the purpose of financing the construction and installation of capital additions to the water and sewer system for the City of Fayetteville. RESOLUTION DIRECTING THE FILING OF AN APPLICATION FOR APPROVAL OF THE ISSUANCE OF PUBLIC WORKS COMMISSION REVENUE BONDS, SERIES 1999 FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND INSTALLATION OF CAPITAL ADDITIONS TO THE WATER AND SEWER SYSTEM OF THE CITY OF FAYETTEVILLE. RESOLUTION NO. R1999-076. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Williams excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. B. Adoption of a resolution approving the use and distribution of the Preliminary Official Statement relating to City of Fayetteville, North Carolina, Public Works Commission Revenue Bonds, Series 1999. RESOLUTION APPROVING THE USE AND DISTRIBUTION OF THE PRELIMINARY OFFICIAL STATEMENT RELATING TO CITY OF FAYETTEVILLE, NORTH CAROLINA PUBLIC WORKS COMMISSION REVENUE BONDS, SERIES 1999. RESOLUTION NO. R1999-077. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Williams excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 6. Report from City-County Liaison Committee. Councilmembers Massey and Talbot presented a review of the business conducted by the City-County Liaison Committee, noting specifically the census and fire ant issues. 7.A. APPOINTMENTS: A. Fair Housing Hearing Board - nominations needed to fill three vacancies: Attorney, Real Estate and At Large MOTION: Councilmember Worthy moved to nominate Rebecca F. Person, Attorney category, Thomas J. Daniel, Real Estate category, and Michael C. Hines, At-Large category, for second terms. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Williams excused) B. Parks and Recreation Advisory Board - nominations needed to fill one vacancy. Councilmember Fogleman nominated Mr. James K. Keefe. Councilmember Worthy re-nominated Mr. Larry Melvin. C. Community Health Care Council - nominations needed to fill one vacancy. Councilmember Cheek nominated Ms. Mary Buie. 7.B Information only - nominations to be made at later date. A. Appearance Commission - nominations will be needed to fill seven vacancies: five At-Large, one Architect, and one Landscape. B. Personnel Review Board - nominations will be needed to fill three vacancies. C. Fayetteville Redevelopment Commission - nominations will be needed to fill three vacancies. D. City Zoning Commission - nominations will be needed to fill two alternate vacancies. 8. ADMINISTRATIVE REPORTS A. Update on Southeastern Downtown Plan. INFORMATION ITEMS: 1. Information on presentation by Total Recovery Systems International regarding reduction of garbage disposal in the landfill. 2. Statement of taxes collected for the month of September 1999 from the Cumberland County Tax Administrator. 1999 Taxes $ 8,291,762.59 1999 Vehicle Taxes 230,173.09 1999 Revit 5,941.62 1999 Vehicle Revit 204.33 1999 FVT 27,145.09 1999 Storm Water 483,490.97 1998 Taxes 45,842.81 1998 Vehicle Taxes 35,645.64 1998 Revit 0.00 1998 Vehicle Revit 0.07 1998 FVT 4,846.92 1998 Storm Water 2,874.74 1997 Taxes 5,916.52 1997 Vehicle Taxes 636.09 1997 Revit 0.00 1997 Vehicle Revit 0.00 1997 FVT 119.30 1997 Storm Water 798.63 1996 Taxes 1,104.13 1996 Vehicle Taxes 62.41 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 10.00 1996 Storm Water 356.33 1995 & Prior Taxes 1,566.14 1995 & Prior Vehicle Taxes 17.59 1995 & Prior Revit 0.00 1995 & Prior Vehicle Revit 0.00 1995 & Prior FVT 15.00 1995 Storm Water 273.17 Interest 8,057.20 Interest (Revit) 0.00 Interest (Storm Water) 555.76 Fayetteville Discount (158,406.56) Revit. Discount (101.05) Total Collections $8,988,908.53 3. Report on tax refunds less than $100. Name Year Basis City Refund Wachovia Auto Leasing 1998 Incorrect Tax District $84.56 Synder, Jerry Allen & Debra 1999 Corrected Assessment: Lives on 81.68 Terry Allen Father's Property Lawson, Harold D. & Belinda G. 1999 Listed a Lease Vehicle in error 74.27 VT Inc. Tstee World Omni 1998 Corrected Tax District 72.88 Fielder, Allen Ray III & Melissa 1998 Military Non-resident 64.25 Allen, Brian W. & Amy Jo Allen 1998 Military Non-resident 50.57 Hurmence, Robin Weaver, Atty. 1998 Amended 45.55 Parks Chapel Church 1998 Church Exempt 83.04 Jolley, Douglas Child 1998 Vehicle Purchase Overseas 14.65 Total $523.16 4. Copy of information forwarded to Ms. Carrie Grace. 5. Information on new DBE Program for Fayetteville Area System of Transit. 6. Information on public hearing between Parks and Recreation Advisory Commission and Boys and Girls Club of Cumberland County for public input on joint use of Myers Recreation Center. 7. Joint Planning Committee on Water & Sewer - minutes of September 30, 1999. 8. City-County Liaison Committee - minutes of July 22, 1999. 9. Human Relations Commission-minutes of July 8, August 12 and Sept 9, 1999. 10. PWC - minutes of September 22, 1999. 11. Salvation Army - Activity Report for September, 1999. 12. FACVB - minutes of September 9, 1999. 13. FAEDC - minutes of September 21, 1999. 14. Botanical Garden - minutes of September, 1999. 15. Planning Dept - monthly report for September, 1999. (Inserted in packet) MOTION: Mayor Pro Tem McBryde moved to adjourn. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Williams excused) The meeting adjourned at 7:25 p.m. REGULAR MEETING NOVEMBER 15, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 15, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (At-Large); James M. Kizer, Jr. (At-Large); Anne D. Fogleman (At-Large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., Chief Development Officer Jimmy Teal, Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Lisa Smith, Chief Financial Officer Vera Bell, Chief Operating Officer - Solid Waste Victor Sharpe, Planning Services Manager Janet C. Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Thomas R. Davis, St. Ann's Catholic Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented Mary M. Holmes, Executive Director, and Monika Simmons, Program and Communications Manager, of the Cumberland Community Foundation with a proclamation declaring November 15-29, 1999, as Community Foundation Week. Mayor Dawkins announced the Character Education Concept for November 1999 is integrity. ITEM 1. APPROVAL OF AGENDA Councilmember Smith requested to be excused from the November 22, 1999, meeting. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Smith. SECOND: Councilmember Worthy VOTE: UNANIMOUS Mr. Roger Stancil, City Manager, requested to pull Item 14, consideration of proposal for development of a City-County Human Relations Commission, from the agenda and to add Item C, information on the interbasin transfer and solid waste focus group report, to Item 20, Administrative Reports. Mr. Robert Cogswell, City Attorney, stated that on Item 2.L., a request for legal representation had come from James Turner. Mr. Cogswell stated that Mr. Turner was operating within the scope and course of his employment at the time the incident alleged in the complaint occurred. Mr. Cogswell recommended that the Council authorize the City Attorney's office to represent Mr. Turner in the lawsuit Eboni Brickhouse v. James Edward Turner. Mayor Pro Tem McBryde requested to add a discussion in executive session with Mr. Stancil about his salary. Mayor Pro Tem McBryde stated that Mr. Stancil had been under the same contract for two years without any adjustments and he felt this Council should address the issue before the new Council is installed. It was decided this would become Item 21.B. Councilmember Cheek requested that the Solid Waste Focus Group Report be placed in Item 17, rather than as an administrative report. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with additions and deletions. SECOND: Councilmember Kizer VOTE: UNANIMOUS ITEM 2. CONSENT: MOTION: Councilmember Kizer moved to approve the consent agenda. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The following items were approved: A. Approve minutes of regular meeting of October 18, 1999. B. Approve minutes of regular meeting of November 1, 1999. C. Accept the certification of results of the November 2, 1999, municipal election from the Cumberland County Board of Elections. CUMBERLAND COUNTY November 5, 1999 NORTH CAROLINA We, the undersigned Board of Elections of Cumberland County, North Carolina, do hereby certify that we met in the Courthouse at 11:00 a.m. on Friday, November 5, 1999, 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, City Council District 9 and City Council At-Large of the City of Fayetteville, NC, held on November 2, 1999, 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 J. L. Dawkins 11,430 Edna M. Pickett 2,911 Write-In 76 FOR CITY COUNCIL DISTRICT 1 Thomas C. (Chris) Dempster 526 Betty S. Milligan 1,451 Write-In 6 DISTRICT 2 Mable C. Smith 920 Michael Smith 261 Write-In 10 DISTRICT 3 Robert Arron Massey, Jr. 1,155 Orlando A. Smith 253 Write-In 2 DISTRICT 4 D. J. Haire 711 Ben Watson 460 Write-In 8 DISTRICT 5 Lois A. Kirby 817 Nat Robertson, Jr. 1,069 Write-In 8 DISTRICT 6 Mark Kendrick 1,266 Elinor Luse Netzorg 363 Write-In 4 DISTRICT 7 Frank G. Brownell 213 Curtis Worthy 1,084 Write-In 11 DISTRICT 8 Don Talbot 591 Write-In 15 DISTRICT 9 Thomas P. Coyne 874 Rollin Shaw 2,111 Write-In 13 AT-LARGE Anne Fogleman 6,103 Milo McBryde 7,239 Marshall B. Pitts, Jr. 6,716 Suzanne Rucker 4,893 Wick Smith 5,892 Paul A. Williams 4,912 Write-In 122 Write-In 20 Write-In 8 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 J. L. Dawkins FOR CITY COUNCIL AT-LARGE DISTRICT 5 Anne Fogleman Nat Robertson, Jr. Marshall B. Pitts, Jr. Milo McBryde DISTRICT 1 DISTRICT 6 Betty S. Milligan Mark Kendrick DISTRICT 2 DISTRICT 7 Mable C. Smith Curtis Worthy DISTRICT 3 DISTRICT 8 Robert Arron Massey, Jr. Don Talbot DISTRICT 4 DISTRICT 9 D. J. Haire Rollin Shaw Given under our hand and seal this 5th day of November, 1999. D. Approve renewal of Lease Agreement with Bragg Mutual Federal Credit Union. The rate for the year 2000 is $12.00 per square foot with one annual payment of $11,124.00. This amount would be due to the City of Fayetteville on December 1, 1999. E. Adopt resolution authorizing trade-in of voice analyzers and approving the following actions: 1. Authorize advertisement of Notice of Intent to exchange equipment. 2. Adopt resolution declaring voice analyzers surplus and authorize disposal via exchange of property. (To be on December 6, 1999, Council Agenda) A RESOLUTION DECLARING TWO ANALOG COMPUTER VOICE STRESS ANALYZERS SURPLUS AND AUTHORIZING DISPOSAL VIA EXCHANGE OF PROPERTY AS ALLOWED BY N.C.G.S. § 160A-271. RESOLUTION NO. R1999-078. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. F. Award of contract to Otto Industries (Charlotte, NC) for purchase of roll-out cart and approving the following actions: 1. Approve award of contract for immediate purchase of 1,500 roll-out carts in the amount of $57,360.00. Bids were received as follows: Immediate Purchase Immediate Purchase Qty: 2,000 Unit Price Extended Price El Monte Plastics $37.50 $75,000.00 (So. Elmonte, CA) Otto Industries $38.24 $76,480.00 (Charlotte, NC) Toter Incorporated $38.85 $77,700.00 (Statesville, NC) Schaefer Systems International, Inc. $38.92 $77,840.00 (Charlotte, NC) Plastic Omnium ZARN, Inc. $39.45 $78,900.00 (Reidsville, NC) 2. Approve award of contract for additional purchases of up to 3,500 roll-out carts as needed for FY 2000-2001, subject to appropriation, in the amount of $133,840.00. Bids were received as follows: FY 2000/2001 FY 2000/2001 Qty: 3,500 Unit Price Extended Price El Monte Plastics $37.50 $131,250.00 (So. Elmonte, CA) Otto Industries $38.24 $133,840.00 (Charlotte, NC) Toter Incorporated $38.85 $135,975.00 (Statesville, NC) Schaefer Systems International, Inc. $38.92 $136,220.00 (Charlotte, NC) Plastic Omnium ZARN, Inc. $39.45 $138,075.00 (Reidsville, NC) G. Adopt ordinances amending Chapter 20, Motor Vehicles and Traffic, for stop and yield control at various locations. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NO. 6, STOP INTERSECTIONS. ORDINANCE NO. NS1999-034. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NO. 14, YIELD RIGHT-OF-WAY. ORDINANCE NO. NS1999-035. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NO. 14, YIELD RIGHT-OF-WAY. ORDINANCE NO. NS1999-036. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1999. H. Adopt ordinance for the new City employee parking lot located at the southeast corner of Franklin Street and Winslow Street. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, BY CREATING A NEW SECTION 20-152, WINSLOW STREET AND FRANKLIN STREET LOT/CITY EMPLOYEE PARKING LOT. ORDINANCE NO. S1999-016. I. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, Section 20-124, handicapped parking due to the change in penalty amount from $100.00 to $250.00 (N.C.G.S. § 20-37.6, effective date of ordinance is January 1, 2000). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, SECTION 20-124, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1999-017. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book S1999. J. P99-58F. The rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 502 S. Eastern Bouelvard. Containing 1.24 acres more or less and being the property of JHT Realty, LLC, as evidenced by deed recorded in Deed Book 5106, page 640, Cumberland County Registry. K. Adopt Special Revenue Project Ordinance 2000-4 (FY 1999-2000 Juvenile Restitution Grant). This ordinance will establish the budget for the fiscal year 1999-2000 Juvenile Restitution Grant. The grant, awarded to Cumberland County by the State Division of Youth Services, is for $73,449.00. The County is required to provide a local match of $9,658.00. The City will provide an in-kind match of $5,070.00 for utilities and estimated rental value of the City-owned building used for the Juvenile Restitution offices. L. Approve request for legal representation. Mr. Robert Cogswell, City Attorney, presented this item and stated a request for legal representation had come from James Turner. Mr. Cogswell stated that Mr. Turner was operating within the scope and course of his employment at the time the incident alleged in the complaint occurred. Mr. Cogswell recommended that the Council authorize the City Attorney's office to represent Mr. Turner in the lawsuit Eboni Brickhouse v. James Edward Turner. ITEM 3. PUBLIC HEARINGS A. P99-52F. The rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 205 McPherson Church Road. Containing 1.16 acres more or less and being the property of Charles and Faye Stamitoles as evidenced by deed recorded in Deed Book 4453, page 169, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal reviewed the current land use, the zoning history, and the 2010 Land Use Plan for the area. Mr. Teal stated that the Zoning Commission recommended approval of rezoning from R10 to P2 and the staff recommended denial of the rezoning because the predominate uses in the area were low-density residential and the 2010 Land Use Plan recommended low-density residential. He stated the staff felt that rezoning this site would be an encroachment of nonresidential uses in a residential area. This is the advertised public hearing set for this date and time. The public hearing opened at 7:24 p.m. Mr. Ronnie Peele, 306 South McPherson Church Road, Fayetteville, NC; Mr. Deno J. Hondros, 304 Courtyard Lane, Fayetteville, NC; Mr. Charles E. Stamitoles, Fayetteville, NC; and Mr. Iman Eronomy Muhammed, Fayetteville, NC, appeared in favor of the rezoning. There was no one present to speak in opposition and the public hearing closed at 7:29 p.m. MOTION: Councilmember Smith moved to follow the staff's recommendation and deny the rezoning. SECOND: Councilmember Fogleman SUBSTITUTE MOTION: Councilmember Cheek moved to delay the decision until a fast-track neighborhood planning study could be made of the current use of both sides of the street between Morganton Road to Cliffdale Road. SECOND: Councilmember Massey An in-depth discussion was held regarding the pros and cons of this issue. FRIENDLY AMENDMENT: Councilmember Smith offered a friendly amendment to the substitute motion to expand the area by including the Westwood and Kirkwood neighborhoods in the study. Councilmembers Cheek and Massey accepted the friendly amendment. VOTE: The amended motion passed by a vote of 8 (Councilmembers Smith, Kendrick, Cheek, McBryde, Fogleman, Milligan, Massey and Haire) to 4 in opposition (Councilmembers Worthy, Talbot, Kizer and Williams) B. P99-55F. The rezoning from R10 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 805 Cain Road. Containing .50 acres more or less and being the property of Gary and Sharlyn Logan as evidenced by deed recorded in Deed Book 3160, page 661, Cumberland County Registry. Ms. Kathy Kem, Planner II, presented this item noting the current land use in the area, the 2010 Land Use Plan, and the rezoning history. Ms. Kem stated the Zoning Commission recommended denial with a tie vote of 2 to 2 (a majority is required for approval) and the Planning staff recommended denial of C3 and approval of P2. A discussion was held regarding the legal nonconformity of the subject property, the 1996 Cain Road Study, the lack of violations and the owner's inability to expand his business. This is the advertised public hearing set for this date and time. The public hearing opened at 7:53 p.m. Mr. Gary Logan, 805 Cain Road, Fayetteville, NC, appeared in favor of the rezoning. Mr. Logan presented an aerial view of the subject property and a letter from the adjoining property owner, Larry Tinney, stating his support for the rezoning. Mr. Logan stated he wanted to expand his family business and was unable to do that with the current zoning. There was no one further to speak and the public hearing closed at 7:55 p.m. MOTION: Councilmember Talbot moved to rezone the property to C3. SECOND: Councilmember Worthy Councilmember Smith inquired if it was legal to consider how Mr. Logan wanted to use the property or did all uses have to be considered. Mr. Robert Cogswell, City Attorney, stated all uses had to be considered. Councilmember Smith stated he was opposed to the rezoning based on the fact that future uses of that property needed to be considered in making this decision. Councilmember Cheek inquired if there was a lesser zoning that would allow Mr. Logan to do what he wanted to do. Ms. Kem stated that for a body shop C3 was the only zoning that could be used. VOTE: Failed by a vote of 5 in favor (Councilmembers Worthy, Talbot, Williams, Massey and Haire) to 7 in opposition (Councilmembers McBryde, Cheek, Kendrick, Fogleman, Kizer, Milligan and Smith) C. P99-56F. The rezoning from PND Planned Neighborhood District to R5A Residential District or to a more restrictive zoning classification for an area located north of Morganton Road and west of Kendallwood Drive. Containing 11.34 acres more or less and being the property of Elliott Harris as evidenced by deed recorded in Deed Book 542, page 223, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal reviewed the current land use of the area, the 2010 Land Use Plan, and the rezoning history of the area. He stated the Zoning Commission had recommended denial of the R5A request and approval of the R6. Mr. Teal explained that R5A would allow 157 units and R6 would allow 118. He also stated the developer had requested the R6 zoning rather than the original request of R5. The staff's recommendation was to leave the zoning at PND R10. This is the advertised public hearing set for this date and time. The public hearing opened at 8:06 p.m. Mr. Ed Miller, Jr., 175 Davidson Highway, Concord, NC, and Mr. Bill Maxwell, 201-8 Waterdown Drive, Fayetteville, NC, appeared in favor of the rezoning. They presented a pictorial design for the Council's review. Mr. Hubert A. Noble, 111 Hearthstone, Fayetteville, NC, appeared in opposition to the R5A zoning but stated he was not opposed to R6. There was no one further to speak and the public hearing closed at 8:11 p.m. MOTION: Councilmember Worthy moved to approve the rezoning. SECOND: Councilmember Kendrick Councilmember Cheek inquired about the buffering requirements. Mr. Teal responded that no buffering was required because landscaping requirements are included in a complex like the one being proposed. Councilmember Cheek requested that the Council consider addressing the parking lots of developments like this in the future. VOTE: UNANIMOUS D. P99-57F. The rezoning from PND Planned Neighborhood District to R5 Residential District and C1P Shopping Center District or to a more restrictive zoning classification for an area located at the northwest corner of Morganton Road and Bonanza Drive. Containing 26.0 acres more or less and being the property of Bowles Farm Limited Partnership; Patricia B. Huber Snyder and husband, Allen; Stancil Bowles, Jr., and wife, Melba Gain; and Betsy Smith and husband, Alan Smith, as evidenced by deeds recorded in Deed Book 5162, page 404, and 902, page 28, respectively, Cumberland County Registry. Ms. Kathy Kem, Planner II, presented this item noting the current land uses in the area, the 2010 Land Use Plan, and the rezoning history. Ms. Kem pointed out that there were three parcels with request for rezoning from PND: Section 1 to R5, Section 2 to CIP, and Section 3 to CIP. Ms. Kem stated the Zoning Commission recommended unanimously to deny R5 Residential District and approve R6 Residential for Section 1 and to approve CIP for Sections 2 and 3 and the Planning staff's recommendation was for a medium-density residential zoning for Section 1 and P2 Professional District for Sections 2 and 3. This is the advertised public hearing set for this date and time. The public hearing opened at 8:20 p.m. Mr. L. Stacy Weaver, Jr., 202 Fairway Drive, Fayetteville, NC, appeared in favor of the rezoning. Mr. Weaver stated the owners had amended their request in Section 1 from R5 to R6 and Sections 2 and 3 remained the same. Mr. Weaver stated his clients had a contract with Bi-Low if the plan was approved and there would be approximately 156 total units in the multi-family buildings accommodating approximately 290 people. Mr. Weaver noted numerous reasons for the rezoning. Mr. Bill Maxwell, 201-8 Waterdown Drive, Fayetteville, NC, appeared in favor of the rezoning request. Mr. James P. Burgio, 314 Reid Court, Fayetteville, NC, and Mr. Ronnie Peele, 306 South McPherson Church Road, Fayetteville, NC, appeared in opposition to the rezoning. There was no one further to speak and the public hearing closed at 8:40 p.m. A discussion ensued regarding the division of the outer parcels and the ingress and egress into the property. Ms. Kem stated these issues would be addressed during the site plan review process. MOTION: Councilmember Williams moved to accept the Zoning Commission's recommendation to rezone Section 1 to R6 and Sections 2 and 3 to CIP. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS E. Consideration of extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation area, True Love Ministries property. (Located on Lot 13, Kellam Circle in the Pine Ridge Subdivision.) Mr. Roger Stancil, City Manager, presented this item. Mr. Stancil recommended that the annexation ordinance be adopted to be effective immediately. This is the advertised public hearing set for this date and time. The public hearing opened at 8:57 p.m. Mr. Chiquetta Davis, 636 Walker Street, Fayetteville, NC, appeared in favor of the annexation. Mr. Mark Peters appeared in opposition and expressed his concern about taking just a part of the subdivision into the City instead of the whole subdivision. There was no one further to speak and the public hearing closed at 9:02 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - TRUE LOVE MINISTRIES PROPERTY (LOCATED AT LOT 13 ON KELLAM CIRCLE IN PINE RIDGE SUBDIVISION). ANNEXATION ORDINANCE NO. 99-11-440. MOTION: Councilmember Haire moved to accept the City Manager's recommendation. SECOND: Councilmember Worthy VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1999. F. Consideration of extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation area, Maria Pappas property. (Located on the northeast corner of Darrow Drive and Bingham Drive.) Mr. Roger Stancil, City Manager, presented this item. Mr. Stancil recommended the annexation ordinance be adopted to be effective November 15, 1999. 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 9:04 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - MARIA PAPPAS PROPERTY (LOCATED ON THE NORTHEAST CORNER OF BINGHAM DRIVE AND DARROW DRIVE). ANNEXATION ORDINANCE NO. 99-11-441. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Smith VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1999. 4. P97-58F. A neighborhood study of the Murchison Road Corridor defined to the north by Pamalee Drive, to the south by Rowan Street, to the east by the railroad and to the west one to three lots deep. The major focus of the study is centered on the issues of current land uses, zoning, and 2010 Land Use Plan recommendations. Mr. Victor Sharpe, Planning Services Manager, presented the Murchison Road Corridor Study. Mr. Sharpe reviewed the purpose and content of the study, noting the rezoning history of the area and the issues identified by the residents. Mr. Sharpe presented the following recommendations: A. 2010 Land Use Plan 1. The area beginning at Pamalee Drive extending south along Murchison Road to Normal Avenue should be changed from Heavy Commercial to Light Commercial. The Planning Commission recommends approval. *2. The lots fronting Murchison Road beginning at Normal Avenue extending south to Rosewood Avenue should be changed from Medium Density Residential to Light Commercial. The Planning Commission recommends denial. 3. The lots that front Murchison Road beginning at Lakeland Street on the west extending south to College Street should be changed from Medium Density Residential to Light Commercial. The Planning Commission recommends approval. 4. The lots fronting Murchison Road beginning at a point south of Coley Drive to a point beyond Washington Drive on the east should be changed from Downtown and Open Space, Recreation and Environmental Corridor to Light Commercial. The Planning Commission recommends approval. 5. The property owned by Fayetteville State University along Murchison Road beginning at Langdon Street extending to Cumberland Street should be changed from Downtown to Office and Institutional. The Planning Commission recommends approval. 6. The property beginning at Blue Street on the west extending south to Rowan Street should be changed from Downtown and Open Space, Recreation and Environmental Corridor to Light Commercial. The Planning Commission recommends approval. 7. The property bounded by Hubbard Street, Durham Street, Bruner Street, and Greensboro Street should be changed from Downtown, Open Space, Recreation and Environmental Corridor to High Density Residential. The Planning Commission recommends approval. 8. The property on the east of Murchison Road beginning at Cumberland Street extending south to the Martin Luther King, Jr. Freeway should be changed from Downtown and Open Space, Recreation and Environmental Corridor to Medium Density Residential. The Planning Commission recommends approval. B. Zoning 1. Approve the rezoning request for Case P97-55F for property located at 1223 and 1225 Murchison Road by rezoning to C1 Local Business District. The Planning Commission recommends approval. * This case was put on hold by City Council pending the outcome of the Murchison Road Corridor Study. Currently the 2010 Land Use Plan recommends light commercial for this property. *2. Approve requests for rezoning when consistent with the 2010 Land Use Plan. The Planning Commission took no action on this item. C. Aesthetics/Visual Improvements 1. Continue coordination of beautification and enhancement efforts of Murchison Road as an entrance corridor and gateway into the City. The Planning Commission recommends approval. 2. Encourage the continuation of partnerships between Fayetteville State University, and the City of Fayetteville to complete the Fayetteville Once and For All Vision Plan. The Planning Commission recommends approval. 3. Encourage implementation of any approved development plans for the area such as: College Heights/Murchison Road Housing & Commercial Real Estate Development Master Plan, Fayetteville Once & For All Vision Plan, College Heights Corridor Plant Design Plan, and Fayetteville State University Master Plan. The Planning Commission recommends approval. D. Citizen Concerns 1. Provide regular meetings to update residents of progress on issues relating to the Murchison Road area. 2. Make available appropriate City resources to address problem areas. 3. Encourage the continued use and expansion of the Neighborhood Watch Program in the Murchison Road area to address safety issues. E. Thoroughfare Corridor Overlay District 1. Develop a Thoroughfare Corridor Overlay District. This overlay district will be developed with input from the community. The purpose of the district is to put tighter development standards on property along the corridor as a form of protection. Mr. Sharpe stated the goal was to present for adoption the changes in the 2010 Land Use Plan as well as the other recommendations. Councilmember Haire stated that the citizens in the area were afraid of this plan. He inquired about the effect the plan would have on the tax base. Mr. Stancil stated the tax value was based on the properties used and the next door property would not be affected. Councilmember Haire also inquired about the buffering which would be required at the corner of Matthew/Murchison Road. Mr. Sharpe stated a 6-foot fence would be required to separate the residential and commercial area. MOTION: Councilmember Worthy moved to accept the recommendation. SECOND: Councilmember Fogleman Councilmember Cheek inquired as to whether the motion would include the rezoning and overlay district. Councilmember Worthy stated it included all recommendations. VOTE: UNANIMOUS 5. Reconsideration of Case No. P99-42F, the rezoning of the northside of Country Club Drive, west of Clearwater, from R10 Residential District (Low Density) to P2 Professional District. (Requested by Councilmember Curtis Worthy) Councilmember Worthy presented this item noting that at the time action was taken on this item, three councilmembers were absent and the Council's vote was 5 to 4 to disapprove the rezoning request. Mr. Worthy stated that both the staff and Zoning Commission recommended rezoning the property and the Council went against their advice and he felt the property owner was being denied the use of his property and was being done a disservice. Mr. Worthy requested that the Council reconsider the item. MOTION: Councilmember Worthy moved to allow the process to start over and the owners to be allowed to reapply. SECOND: Councilmember Kizer A discussion was held regarding the request. VOTE: Passed by a vote of 7 in favor (Councilmembers Worthy, Talbot, Kizer, Williams, Massey, Haire and Dawkins) to 6 in opposition (Councilmembers McBryde, Cheek, Kendrick, Smith, Fogleman and Milligan) (Mayor Dawkins cast the tie-breaking vote) 6. Consideration of request to address City Council from John Campbell, President, Cape Fear Botanical Garden, to express appreciation for Council's support. Mr. John Campbell, President of Cape Fear Botanical Garden, thanked the Council for their support. 7. Consideration of request to address City Council from Carrie Grace of Abney Chapel SDA Christian School regarding fees for use of gyms and fields. Ms. Carrie Grace was not present at the meeting to address the Council. 8. Consideration of request by Magnolia and Lace, Home, Bed and Bath Store, for special sign. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal stated that the staff felt this was a business sign and not germane to a special event and their recommendation was to deny the request. A discussion was held regarding the size, placement, and usage of the sign. MOTION: Councilmember Smith moved to disallow the request. SECOND: Councilmember Kizer VOTE: Passed by a vote of 8 in favor (Councilmembers Smith, Talbot, Worthy, Fogleman, Kizer, Milligan, Cheek and Massey) to 4 in opposition (Councilmembers Williams, Kendrick, McBryde and Haire) 9. Consideration of request from Approved Purchaser of house at 819 Eufaula Street to be released from contract. Mr. Roger Stancil, City Manager, presented this item. Mr. Stancil recommended rejecting all bids and proceeding with the demolition of the property. MOTION: Councilmember Kendrick moved to follow the City Manager's recommendation. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 10. Consideration of offer to purchase 825 Arsenal Avenue from MCR construction. Mr. Roger Stancil, City Manager, presented this item. Mr. Stancil recommended denial of the request and to proceed with the demolition of the property. MOTION: Mayor Pro Tem McBryde moved to deny and proceed with the demolition. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 11. Consideration of the following traffic matters on Hay Street between Bragg Boulevard and Ray Avenue: a) Change in speed limit from 35 mph to 25 mph. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES - TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL. ORDINANCE NO. NS1999-037. b) Raised asphalt crosswalk in front of City Hall with several improvements to the pedestrian activity for better visibility. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. 12. Consideration of financial matters related to the Fayetteville Partnership. Mr. Roger Stancil, City Manager, presented this item noting that the Council had withheld the fourth quarter payment of $40,000.00 for services rendered in April, May, and June. Mr. Stancil stated he was presenting approximately $24,000.00 in invoices for payment. He explained there was a cash flow problem and actual banquet revenues had been received and used for other things and the invoice had now come due and needed to be paid. Mr. Stancil stated this would be the final request from Fayetteville Partnership for funds. Councilmember Worthy inquired as to the City's legal obligation to pay the requested monies. Mr. Stancil replied the Council would need to approve liabilities and outstanding invoices that had been incurred as a result of Fayetteville Partnership's meeting the obligations of the $160,000.00 contract made with the City through June 30, 1999. Mr. Stancil stated the County would pay their pro rata share of the bills or approximately 15 percent of the total amount due. Councilmember Worthy stated he was against paying any of the expenses. Councilmember Fogleman inquired if the copier could be sublet for $13,000.00 and could the City use the copier. Mr. Joe Baggett, Fayetteville Partnership representative, stated the invoice was for the lease of the copier and not for ownership and the copier would have to go back to the company when the lease was paid off. Ms. Lisa Smith, Chief Financial Officer, stated she was negotiating with Northwest to lower the lease amount. Councilmember Haire referred to the liquor charges on the banquet invoice and inquired about whether the City would pay for liquor expenses if he incurred them on a City business trip. Mr. Stancil replied that Mr. Haire would be responsible and not the City. Councilmember Haire noted the same principle should apply to the banquet bill from the Radisson Hotel. Councilmember Williams asked City Attorney Robert Cogswell if he had ascertained whether the listed expenses were legitimate expenses. Mr. Cogswell stated if the expenses were legitimately incurred pursuant to the contract of services they agreed to provide the City, then it was his opinion that they would be expenses the City should pay. Mr. Cogswell further explained that the expenses had to be items incurred in meeting the goals in the outline of work that was attached to the contract from last year. Mr. Cogswell noted that he was relying on the Accounting Department to determine which expenses were legitimate and he had not personally reviewed any invoice or talked with anyone who produced the invoices. Councilmember Williams inquired of Lisa Smith whether all of the expenses were legitimate expenses. Ms. Smith stated the expenses were outstanding liabilities and she was not stating this was an expense payable as of June 30, but that they were a liability of the organization. Mr. Fred Baggett stated that Fayetteville Partnership paid the employees from funds it had acquired over the years by fundraisers and the items being presented tonight were for ending the business. Mr. Baggett stated that until this point in time, payroll and all other daily business matters had been paid from the funding the Partnership already had and these expenses were the result of not receiving the $40,000.00. Mr. Baggett stated if it would ease the Council's mind, they could put it toward employees' hours and United Health Care because the employees had been paid and otherwise they would not have been paid. Mayor Pro Tem McBryde stated that perhaps the City should look into investing an additional $1,500.00 toward purchasing the copier. Mr. McBryde stated he felt the City was obligated to pay the expenses, but that he felt the Council should wait until more information was found on the copier's lease. A discussion was held about the ownership of the copier and the fact that the partnership charter stated all assets belong to Methodist College. Mr. Stancil stated Methodist College did not want the assets and would prefer that they go to the new organization. MOTION: Councilmember Cheek moved to revisit this item when it was packaged in the format with things being set out that were clearly contracted for and used in economic development last year. SECOND: Councilmember Kendrick FRIENDLY AMENDMENT: Councilmember Smith moved to authorize payment of the things listed other than the postage meter list, copier lease with additional information, and an accounting of the monies collected for the banquet for the purpose of showing that these monies were used for the employees. Councilmembers Cheek and Kendrick accepted the amendment. Councilmember Worthy stated he could not support the motion because there were bankruptcy laws that could be used by defunct organizations to get out of all of their indebtedness. Mr. Worthy also stated he could not support giving the equipment to the new downtown organization. A discussion was held regarding the invoices to be paid. It was agreed that the following expenses would be paid: Vendor Estimated Amount The Image Men $ 508.77 Buie, Norman & Company 550.00 A/C Acclaim! Computers 133.81 Interspace Airport Advertising 2,655.00 Equitable 350.00 Sprint 228.85 Total $4,426.43 VOTE: Passed by a vote of 7 in favor (Councilmembers Cheek, McBryde, Kendrick, Smith, Fogleman, Kizer and Milligan) to 5 in opposition (Councilmembers Worthy, Talbot, Williams, Massey and Haire) 13. Consideration of adoption of a Bond Order authorizing and approving the issuance and sale under the provisions of the state and local government Revenue Bond Act, as amended, of not exceeding $20,000,000.00 aggregate principal amount of the City of Fayetteville, North Carolina, Public Works Commission Revenue Bonds, Series 1999, to provide funds for financing the construction and installation of certain capital additions to the water and sewer system of the City and directing the authentication and delivery of the Series 1999 bonds to the Underwriters. Ms. Lisa Smith, Chief Financial Officer, presented this item. BOND ORDER AUTHORIZING AND APPROVING THE ISSUANCE AND SALE UNDER THE PROVISIONS OF THE STATE AND LOCAL GOVERNMENT REVENUE BOND ACT, AS AMENDED, OF NOT EXCEEDING $20,000,000.00 AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, PUBLIC WORKS COMMISSION REVENUE BONDS, SERIES 1999 TO PROVIDE FUNDS FOR FINANCING THE CONSTRUCTION AND INSTALLATION OF CERTAIN CAPITAL ADDITIONS TO THE WATER AND SEWER SYSTEM OF THE CITY AND DIRECTING THE AUTHENTICATION AND DELIVERY OF THE SERIES 1999 BONDS TO THE UNDERWRITERS. RESOLUTION NO. R1999-079. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Smith VOTE: UNANIMOUS A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 14. Consideration of proposal for development of a City-County Human Relations Commission. This item was removed from the agenda. 15. Briefing on Right-of-Way Management concept and discussion of proposed ordinance revision. Mr. Roger Stancil, City Manager, presented this item. Mr. Stancil explained this had been a joint effort between the City and PWC. Mr. Ben Brown, Chief Development Officer, gave an overview of the purpose of the proposal. Mr. Brown stated the Right-of-Way Management Team felt the City had an obligation to recover the costs of managing right-of-way and the intrusion into it and that each utility should be treated in an equitable, competitively neutral manner. Mr. Mike Walker, City Engineer, reviewed the existing ordinance noting its shortcomings. Mr. James Rose, PWC, presented the proposed ordinance noting that it would require the following: 1. Registration for Right-of-Way Occupancy (All Customers) 2. Reporting Obligations 3. Excavation Permit Fee a. Administrative Cost b. Repair Cost, If Applicable c. Degradation Cost 4. Administered by the City 5. Unified Right-of-Way Management System a. Requiring all Utilities/Agencies including City and PWC to obtain permit for Pavement and/or Excavation b. One Stop Center 6. Submitted to all the Utility Companies for their Review/No Written Comments Received Mr. Tom McNeill, PWC, reviewed the One Stop Center's concept. Mr. Kumar Neppalli, Traffic Engineer, presented the types of permits/plans. Mr. Neppalli recommended administrative fees for excavation permits in the amount of $30.00 for utility and $60.00 for drainage. Mr. Ben Brown recommended approval of the proposed ordinance, the excavation permit fees, and the One Stop Center. A discussion was held regarding the fact that the finalized fee schedule had not been presented to the Excellence in Government group for review and the placement of the funds in the Power Bill account for use in resurfacing the streets. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 26, RIGHTS-OF-WAY, STREETS, AND SIDEWALKS. ORDINANCE NO. S1999-018. MOTION: Councilmember Fogleman moved to approve the proposed ordinance, the excavation permit fees, and the One Stop Center to be effective July 1, 2000. SECOND: Councilmember Smith Councilmember Kizer stated he felt the system had been short circuited and before any fees were implemented, he felt a review needed to be made by affected outsiders to include site work contractors. VOTE: Passed by a vote of 9 in favor (Councilmembers Smith, Worthy, Kendrick, Cheek, Fogleman, Milligan, Williams, McBryde and Massey) to 3 in opposition (Councilmembers Kizer, Talbot, and Haire) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1999. 16. Consideration of requesting a Public Hearing to amend the Fayetteville Area Thoroughfare Plan to remove the extension of Santa Fe Drive to Reilly Road from the overall plan. (Requested by Councilmember Curtis Worthy) Councilmember Worthy requested this item noting that the citizens needed to have input on whether this project should be on the Fayetteville Area Thoroughfare Plan. Mr. Jimmy Teal, Chief Planning Officer, stated that this project was on the Thoroughfare Plan and not the TIP Plan. MOTION: Councilmember Worthy moved to hold a public hearing for discussion of the removal of the extension of Santa Fe Drive to Reilly Road from the Thoroughfare Plan. SECOND: Councilmember Massey A discussion was held with Councilmember Smith noting that Councilmember Worthy had supported the Glensford Road thoroughfare project for the good of Fayetteville and now he was trying to protect his district. VOTE: Failed by a vote of 3 in favor (Councilmembers Worthy, Massey, and Haire) to 9 in opposition (Councilmembers McBryde, Cheek, Kendrick, Talbot, Smith, Fogleman, Kizer, Milligan and Williams) 17. A. Discussion of returning to a four-month leaf season. (Requested by Councilmember Milo McBryde) Mayor Pro Tem McBryde stated he would like to review the leaf season after the two months and he would like to go back to the four-month schedule. Mr. McBryde stated the process could be evaluated at the end of the season and discussed in the budget sessions. Councilmember Cheek requested that Mr. Stancil make a report at the next meeting for public information. A discussion was held regarding the pros and cons of lengthening the leaf season. MOTION: Councilmember Williams moved to extend the leaf season to four months. SECOND: Councilmember Haire VOTE: Failed by a vote of 2 in favor (Councilmembers Williams and Haire) to 10 in opposition B. Information on the interbasin transfer and solid waste focus group report. 18. Discussion of changing the signs that are posted for proposed Special Use Permit properties so they will be more visible. (Requested by Councilmember Suzan Cheek) MOTION: Councilmember Cheek moved to change the design and size of the special use permit and variance signs to be the same as the zoning signs. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS 19. APPOINTMENTS: A. Fair Housing Board: 3 vacancies; 3 appointments needed: 1 attorney, 1 real estate, 1 at-large The following appointments were made: 1. Rebecca F. Person was appointed to a second term in the attorney category. 2. Thomas J. Daniels was appointed to a second term in the real estate category. 3. Michael C. Hines, Sr., was appointed to a first term in the at-large category. B. Parks and Recreation: 1 vacancy; 1 appointment needed The following appointment was made: 1. James K. Keefe was appointed to a first term. C. Community Health Care Council: 1 vacancy; 1 appointment needed Councilmember Cheek requested to remove Mary Buie from the nominations. The following nominations were made: 1. Michael Sullivan of Methodist College was nominated by Councilmember Cheek. 2. Ruhama Bond was nominated by Councilmember Talbot. NOMINATIONS: D. Appearance Commission: 7 vacancies; 7 nominations needed: 5 at-large, 1 architect, and 1 landscape The following at-large nominations were made: 1. Charlene Stackhouse was nominated by Councilmember Milligan. 2. Kenneth Lancaster, Jr., was nominated by Mayor Pro Tem McBryde. 3. Tom Davis was nominated by Mayor Pro Tem McBryde. 4. Culous Hayes was nominated by Councilmember Worthy. 5. Melanie Solomon was nominated by Councilmember Milligan. 6. Janet Lampkin was nominated by Councilmember Haire. E. Personnel Review Board: 3 vacancies; 3 nominations needed 1. Judy Dorman was nominated by Councilmember Milligan. 2. Clair L. Hudspeth was nominated by Councilmember Milligan. 3. Dane Clay was nominated by Councilmember Worthy. F. Fayetteville Redevelopment Commission: 4 vacancies; 4 nominations needed 1. Carlton Parrish was nominated by Councilmember Haire. 2. James Wilson was nominated by Councilmember Worthy. 3. Lester McQuire was nominated by Councilmember Cheek. 4. Elinor Luse was nominated by Councilmember Talbot. 5. Suzanne Rucker was nominated by Councilmember Talbot. G. City Zoning Commission: 2 alternate vacancies; 2 nominations needed No nominations were made. H. Fayetteville Historic Resources Commission: 1 resignation and 1 nomination needed. 1. John Clark was nominated by Councilmember Worthy. 2. Bill Lassiter was nominated by Councilmember Haire. 20. ADMINISTRATIVE REPORTS A. Report on City position vacancies. B. Report on work with Study Circles Best Practices Team. 21. A. Consideration of closed session to discuss property acquisition. Mr. Robert Cogswell, City Attorney, recommended approval of the purchase of the McLean property at the corner of Bragg Boulevard and Hay Street for the amount of $87,500.00. This item did not go into a closed session. MOTION: Councilmember Worthy moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS B. Consideration of closed session with Roger Stancil to discuss City Manager salary. MOTION: Mayor Pro Tem McBryde moved to go into closed session to discuss a personnel matter. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The closed session began at 11:24 p.m. The regular session resumed at 11:40 p.m. INFORMATION ITEMS: 1. Thank you letter from Chamber of Commerce for use of Council Chamber during Candidates' Forum. 2. Community Improvement Team - monthly report for October 1999. 3. Status report on Phase IIIA and IIIB Annexation projects. 4. Woman's Club - report on use of City appropriation to Club. MOTION: Councilmember Cheek moved to adjourn. SECOND: Councilmember Worthy VOTE: UNANIMOUS The meeting adjourned at 11:45 p.m. INFORMATION MEETING NOVEMBER 22, 1999 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 22, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); James M. Kizer, Jr. (at-large); Anne D. Fogleman (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8) Absent: J. Wick Smith, Jr. (District 9) (excused) Others Present: Roger L. Stancil, City Manager Robert C. Cogswell, Jr., City Attorney Lisa Smith, Chief Financial Officer Ben Brown, Chief Development Officer Robert Barefoot, Chief Development Officer - Recreation/Community Facilities Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was Councilmember Kizer, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Ms. Barbara Alcott, Regent for the Liberty Point Chapter of the North Carolina Society of the Daughters of the American Revolution presented Mayor Dawkins with an American flag, commemorating the 200th anniversary of death of George Washington on December 14, 1799. Ms. Alcott stated the flag had flown over Mount Vernon on May 22, 1999 and was being presented to the City to be flown on the flagpole at Liberty Point. Ms. Alcott stated the flag could fly 24 hours a day if the flagpole was now lighted. Mayor Dawkins presented Councilmember Cheek with a ten-year service pin. Councilmember Cheek received a standing ovation from the Councilmembers, staff and general audience. Mayor Dawkins announced the Character Education Concept for November 1999 was integrity. 1. APPROVAL OF AGENDA Mayor Dawkins announced that Councilmember Smith had been excused from the meeting and Councilmember Haire would be leaving the meeting at around 8 p.m. MOTION: Councilmember Worthy moved to excuse Councilmember Haire when he left the meeting. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Smith excused) City Attorney Robert Cogswell requested to add Item 2I, discussion of the appointment of legal counsel. Councilmember Cheek requested that the information item on the proposed schedule for the McPherson Church Road study be placed as Item 2.J of the consent agenda for a brief discussion. MOTION: Councilmember Kendrick moved to approve the agenda with the additions. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Cheek excused) 2. CONSENT: MOTION: Mayor Pro Tem McBryde moved to Items 2A through 2H. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Smith excused) The following items were approved: A. Authorize advertisement of Notice of Intent to exchange property. (Police weapons) B. Approve bid award for purchase of one (1) four-wheel drive aerial work platform to Southland Rental & Supply, Inc., (Fayetteville), sole bid, in the amount of $47,120.00. (PWC) Only one bidder submitted a compliant bid. C. Approve bid award for purchase of one (1) 50,000 lb. GVW cab and chassis with aerial devise and service body to Altec Industries (Birmingham, AL), low bid, in the amount of $158,871.00. (PWC) Bids were received as follows: Altec Industies (Birmingham, AL) $158,871.00 Parks Chevrolet (Kernersville, NC) $161,234.00 Smith International (Fayetteville, NC) $164,000.00 D. Approve bid award for purchase of two (2) 33,000-lb. cab and chassis with aerial device and service body to Parks Chevrolet (Kernersville, NC), low bid, in the amount of $202,934.00. (PWC) Bids were received as follows: Parks Chevrolet (Kernersville, NC) $202,934.00 Tri-Point Ford (Raleigh, NC) $203,584.00 Altec Industries (Birmingham, AL) $205,020.00 Map Enterprises (Burlington, NC) $206,380.00 Smith International (Fayetteville, NC) $214,000.00 E. Approve bid award for construction of the Cape Fear River Raw Water Intake Structure Slope Stabilization to S&J Enterprises (Autryville, NC), low bid, in the amount of $388,000.00. (PWC) Bids were received as follows: ES & J Enterprises (Autryville, NC) $388,000.00 Cieszko Construction Co., Inc. (Havelock, NC) $535,600.00 Intercoastal Diving (Wilmington, NC) $541,663.00 Crowder Construction Co. (Morrisville, NC) $707,300.00 T. A. Loving (Goldsboro, NC) $812,000.00 F. Approve bid award for purchase of one (1) asphalt unit with cab and chassis to Public Works Equipment and Supply, Inc., (Monroe, NC). This is "Piggyback" on the City of Lexington's bid as allowed by N.C.G.S. 143-129(g), in the amount of $96,590.00. (PWC) G. Approve the following matters related to storm water management: 1. Adopt resolution making applicable within the City of Fayetteville, Cumberland County's "Storm Water Management" Ordinance, Chapter 12, Cumberland County Code of Ordinances RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO NCGS SECTION 153A-122 MAKING THE STORM WATER MANAGEMENT ORDINANCE, CHAPTER 12 OF THE CUMBERLAND COUNTY, NORTH CAROLINA, CODE OF ORDINANCES, ADOPTED BY THE CUMBERLAND COUNTY BOARD OF COMMISSIONERS ON NOVEMBER 16, 1999, APPLICABLE WITHIN THE CITY OF FAYETTEVILLE. RESOLUTION NO. R1999-081. AN ORDINANCE AMENDING CUMBERLAND COUNTY CODE CHAPTER 12, "STORMWATER MANAGEMENT" ORDINANCE NO. S1999-019. 2. Adopt resolution approving an Interlocal Agreement with Cumberland County for the Development of a Joint Storm Water Utility RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING AN AGREEMENT FOR INTERLOCAL UNDERTAKING WITH CUMBERLAND COUNTY FOR THE DEVELOPMENT OF A JOINT STORM WATER UTILITY. RESOLUTION NO. R1999-080. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1999. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1999. H. Set special meeting for 12:00 noon Monday, November 29, 1999. I. Discussion of the appointment of legal counsel. City Attorney Robert Cogswell stated that in the cases of Gregory A. Williams, vs. City of Fayetteville, Roger Stancil, individually and in his official capacity as City Manager; Ronald E. Hansen, individually and in his official capacity as Police Chief, Ron Rabun, individually and in his then official capacity as City Manager; Bradley Chandler, individually and in his official capacity as a City Police Officer; Richard Bryant, individually and in his official capacity as a City Police Officer; Katherine Guilette, individually and in her official capacity as a City Police Officer; Steve McIntosh, individually and in his official capacity as a City Police Officer and the Fayetteville City Council, and in the case of Virgil Hugh Reaves, vs. City of Fayetteville, Roger Stancil, individually and in his official capacity as City Manager; Ronald E. Hansen, individually and in his official capacity as Police Chief, John Smith, individually and in his then official capacity as City Manager; Richard Bryant, individually and in his official capacity as a City Police Officer; Sherry Sparks, individually and in her official capacity as a City Police Officer; Steve McIntosh, individually and in his official capacity as a City Police Officer and the Fayetteville City Council, that all of the individuals were acting in the scope and course of their employment and were entitled to representation. Mr. Cogswell recommended the following: 1. That the City of Fayetteville and the Fayetteville City Council be represented by Philip Van Hoy at a rate of $205 per hour; 2. That all police officers as set out in the two lawsuits above be represented by Carl Milazzo, Police Legal Advisor for the City of Fayetteville; 3. That Roger L. Stancil be represented by James R. Nance, Jr., at the rate of $150 per hour; 4. That John Smith be represented by McCoy, Weaver, Wiggins, Cleveland, and Raper at a rate of $200; and 5. That Ron Rabun be represented by Susie Gibbons of Poyner & Spruill, at a rate of $205 per hour. Mr. Cogswell stated he had discussed with all of the attorneys the benefits to taking advantage of Mr. Van Hoy's experience and knowledge. He also stated that some of the work would be delegated to other members of the various law firms at a lower rate than stated above. MOTION: Mayor Pro Tem McBryde moved to approve the City Attorney's recommendations. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Smith excused) J. Proposed schedule for McPherson Church Road study. Councilmember Cheek requested that a neighborhood meeting be held as a first step of this study. Ms. Cheek stated she wanted public input before any decisions or recommendations were determined. City Manager Roger Stancil stated that he would see this was done. MOTION: Councilmember Cheek moved to approve Item 2.J as discussed. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Smith excused) 3. Presentation and acceptance of FY1998-99 Audit of Financial Statements and Schedules. Mr. Eddie Burke, of Cherry, Bekaert and Holland, Accountants, presented the fiscal year 1999 audit of the City of Fayetteville financial statement and schedules. Mr. Bekaert stated the report reflected a "clean opinion," which represents the highest assurance level. He stated there were no findings or questions costs, no reportable conditions in internal controls, no instances of non-compliance with loss, regulations, or grant agreements, and no findings related to federal awards. Mr. Burke continued the report noting the assets, liabilities, governmental funds, and government fund bearancies. A copy of the complete fiscal year 1999 audit can be found in the office of the City Finance Director, City Hall, 433 Hay Street, Fayetteville, NC. MOTION: Mayor Pro Tem McBryde moved to accept the audit. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Smith excused) 4. Budget roles and priorities exercises. Mayor Dawkins announced that this item would be done in the Lafayette Room and would take approximately an hour and 45 minutes to complete. The Councilmembers moved to the Lafayette Room. INFORMATION ITEMS: 1. Proposed schedule for McPherson Church Road study (moved to Item 2.J, consent agenda). 2. Statement of taxes collected for the month of October 1999, from the Cumberland County Tax Administrator. 1999 Taxes $ 357,986.42 1999 Vehicle Taxes 230,805.90 1999 Revit 864.92 1999 Vehicle Revit 346.97 1999 FVT 27,120.00 1999 Storm Water 33,280.20 1998 Taxes 19,849.72 1998 Vehicle Taxes 34,314.12 1998 Revit 46.58 1998 Vehicle Revit 0.28 1998 FVT 4,550.00 1998 Storm Water 2,007.66 1997 Taxes 7,162.33 1997 Vehicle Taxes 572.73 1997 Revit 14.29 1997 Vehicle Revit 0.00 1997 FVT 95.00 1997 Storm Water 1,095.80 1996 Taxes 4,908.48 1996 Vehicle Taxes 134.34 1996 Revit 7.95 1996 Vehicle Revit 0.00 1996 FVT 35.00 1996 Storm Water 612.07 1995 & Prior Taxes 7,271.27 1995 & Prior Vehicle Taxes 184.69 1995 & Prior Revit 8.99 1995 & Prior Vehicle Revit 0.00 1995 & Prior FVT 40.00 1995 Storm Water 387.30 Interest 11,187.44 Interest (Revit) 13.04 Interest (Storm Water) 680.23 Fayetteville Discount 3.02 Revit. Discount 0.00 Total Collections $745,586.74 3. Monthly written update on Y2K. 4. Professional Standards - monthly reports for September and October 1999, from the Office of Professional Standards. 5. Parks & Recreation Advisory Commission - minutes of September 27, 1999. 6. FACVB Board of Directors - minutes of October 14, 1999. 7. PWC - minutes of October 27, 1999. MOTION: Mayor Pro Tem McBryde moved adjourn. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Smith excused) The meeting adjourned at 9:45 p.m. REGULAR MEETING DECEMBER 6, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER DECEMBER 6, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Marshall Pitts, Jr. (at-large); Anne D. Fogleman (at-large); Betty Milligan (District 1); Mable Smith (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Nat Robertson (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8) Absent: Rollin Shaw (District 9) Others Present: Roger L. Stancil, City Manager Robert C. Cogswell, Jr., City Attorney Lisa Smith, Chief Financial Officer Ben Brown, Chief Development Officer Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Dr. David Crocker, Pastor of Snyder Memorial Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented Councilmembers Pitts, Smith, and Robertson with a Bible. Mayor Dawkins announced the Character Education Concept for December 1999 was caring. 1. SEATING OF MAYOR AND NEW CITY COUNCIL: Mayor Dawkins stated that Councilmember Rollin Shaw was not present tonight because she was with her new grandchild in Seattle, Washington, and she would be sworn in at the December 20, 1999, meeting. A. Oaths of office to be administered to the City Council by The Honorable Pat Timmons-Goodson, Associate Judge, North Carolina Court of Appeals; The Honorable Jim Ammons, Superior Court Judge; The Honorable John Dickson, Superior Court Judge; The Honorable Gregory Weeks, Superior Court Judge; The Honorable Cheri Beasley, District Court Judge; The Honorable Ed Pone, District Court Judge; The Honorable Kimbrell Tucker, District Court Judge. The Honorable Pat Timmons-Goodson swore in Councilmembers Smith, Haire, and Massey. The Honorable Jim Ammons swore in Councilmembers Robertson, McBryde, Milligan, and Talbot. The Honorable John Dickson swore in Councilmember Fogleman. The Honorable Cheri Beasley swore in Councilmember Worthy. The Honorable Ed Pone swore in Councilmember Pitts. The Honorable Kimbrell Tucker swore in Councilmember Kendrick. B. Oath of Office to be administered to the Mayor by The Honorable John Dickson, District Court Judge. The Honorable John Dickson swore in Mayor Dawkins. 2. Organization of the City Council - Election of Mayor Pro-Tempore. Councilmember Haire requested to be excused due to illness. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Haire. SECOND: Councilmember Robertson VOTE: UNANIMOUS Councilmember Haire left the meeting at 7:37 p.m. MOTION: Councilmember Fogleman moved to appoint Councilmember McBryde to the Mayor Pro Tem position. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Haire excused) 3. APPROVAL OF AGENDA Councilmember Massey requested an item be added to the consent agenda and that the staff pursue and create a plan to annex Tiffany Pines, Warrenwood, and Rollingwood Housing areas into the City and to have that plan brought back to the Council as soon as possible. MOTION: Mayor Pro Tem McBryde moved to approve the agenda as amended. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Haire excused) 4. CONSENT: Councilmember Massey requested to pull Items 4.D and 4.E and Councilmember Robertson requested to pull Item 4.C.1. MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exception of Items 4.C.1, 4.D, and 4.E. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Haire excused) The following items were approved: A. Approve License Agreements with Nextel PCS for antenna attachments on the Wilson Street and Eastern Boulevard elevated water storage towers. (PWC) B. Adopt resolution pursuant to N.C.G.S. 160A-31(C) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Keystone Hospitality Property - Located on the Eastern Side of Jim Johnson Road, North of Cedar Creek Road.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INTIATED CONTIGUOUS ANNEXATION AREA. KEYSTONE HOSPITALITY, INC., PROPERTY LOCATED ON THE EASTERN SIDE OF JIM JOHNSON ROAD, NORTH OF CEDAR CREEK ROAD. RESOLUTION NO. R1999-082. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. C. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, for speed limit changes on Morganton Road as follows: 1. Pulled by Councilmember Robertson for discussion. 2. 35 miles per hours speed limit from Ruritan Drive, a point 0.48 miles west of Skibo Road eastward to McPherson Church Road, a point 0.33 mile east of All American Freeway. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 8, SPEED CONTROL. ORDINANCE NO. NS1999-038. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. D. Pulled by Councilmember Massey for discussion. E. Pulled by Councilmember Massey for discussion. F. Adopt a resolution to set a public hearing for January 18, 2000, to consider the closing of a portion of Colton Drive. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF COLTON DRIVE. RESOLUTION NO. R1999-083. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. G. Approve tax refunds greater than $100. Name Year Basis City Refund Miller, Richard G. & Ernestine H. 1998/ Incorrect Tax District $148.72 1999 Total $148.72 H. Approve lease agreement with Cumberland County Hospital System, Inc., for Bus Shelter on Village Drive at Cape Fear Valley Hospital. C. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, for speed limit changes on Morganton Road as follows: 1. 45 miles per hour speed limit from McPherson Church Road, eastward to Cliffdale Road. Councilmember Robertson pulled this item for discussion. He inquired as to why the Council had changed its mind about the speed limit on this segment of Morganton Road. City Manager Roger Stancil stated the Council had requested this action be taken on October 18, 1999, and this was the North Carolina Department of Transportation's response. Mr. Stancil noted that a speed study had been done and the drivers seemed to prefer to drive at 45 miles per hour. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1999-039. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Talbot VOTE: Passed by a vote of 8 in favor (Councilmembers Talbot, Worthy, McBryde, Pitts, Fogleman, Massey, Smith, and Milligan) to 2 in opposition (Councilmembers Kendrick and Robertson)(Councilmember Haire excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. D. Adopt resolution authorizing disposal of equipment via exchange of property as allowed by N.C.G.S. 160A-271. Councilmember Massey pulled this item for discussion. He inquired about where the weapons came from, where they were going, and how much it was going to cost to make the whole process cost effective. City Manager Roger Stancil stated he would prefer to come back at the next meeting with that information because the item had previously been acted upon and he did not have backup to answer those questions. A discussion was held. MOTION: Councilmember Massey moved to pull this item until the next meeting. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Haire excused) E. Adopt resolution declaring voice analyzers surplus and authorize disposal via exchange of property. This item was pulled by Councilmember Massey. He inquired if this was a lie detector machine. City Manager Roger Stancil stated the machine was along the same lines of a lie detector and measured the stress level of voices. Councilmember Massey inquired as to why there would be an exchange and whether it would be cost effective. Mr. Stancil replied it was an upgrade from an analog to a digital analyzer and as he understood, there would no longer be maintenance performed on analog voice stress analyzers and this was the next step up in technology. A RESOLUTION DECLARING TWO ANALOG COMPUTER VOICE STRESS ANALYZERS SURPLUS AND AUTHORIZING DISPOSAL VIA EXCHANGE OF PROPERTY AS ALLOWED BY N.C.G.S. 160A-271. RESOLUTION NO. R1999-084. MOTION: Councilmember Massey moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Haire excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 5. APPOINTMENTS: A. Appearance Commission: 7 vacancies as follows: 5 At-large, 1 Architect, and 1 landscape; 7 nominations needed. Councilmember Milligan nominated Mr. Gordon Johnson for the architect position. Councilmember Robertson nominated Mr. Wesley A. Meredith for the landscape position. Councilmember Fogleman nominated Carol McFadyen for the at-large category. Councilmember Smith nominated Rev. John T. Johnson for the at-large category. B. Personnel Review Board: 3 vacancies; 3 nominations needed. Councilmember Pitts nominated Mr. Jeffrey E. Campbell. C. Fayetteville Redevelopment Commission: 4 vacancies; 4 nominations needed. Councilmember Massey nominated for Councilmember Haire Mr. Jameal Johnson to take the place of Mr. Carlton Parrish who had requested his name be withdrawn from the nominations. D. City Zoning Commission: 2 alternate vacancies; 2 nominations needed. Councilmember Robertson nominated Mr. William (Bill) Jenkins. Councilmember Worthy nominated Mr. Marshall B. Pitts, Sr. E. Fayetteville Historic Resources Commission: 1 resignation; 1 nomination needed. Councilmember Milligan nominated Mr. Floyd Caldwell. F. Community Health Care Council: 1 vacancy; 1 appointment needed. Councilmember Talbot nominated Ms. Kathy Wilt. INFORMATION ITEMS: 1. Report on tax refunds less than $100. Name Year Basis City Refund Reaves Tractor & Equipment Co. 1999 Corrected assessment $8.44 Chance, Bobby G. Jr. 1999 MH listed in error 18.13 Remondino-Meek, Gina & Riemer, 1997 Military non-resident 31.83 Christopher A. Valentine, George H. 1998 Corrected Assessment 34.99 Total $93.39 2. Update on Cablevision negotiations. 3. Fayetteville Redevelopment Commission - minutes of September 8 and October 13, 1999. 4. Women's Center - minutes of July 27 and September 21, 1999. 5. Cape Fear Botanical Garden - minutes of September 30, 1999. 6. Salvation Army - report for October 1999. 7. Planning - monthly report for October 1999. (Inserted in packet) MOTION: Councilmember Kendrick moved to adjourn. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Haire excused) The meeting adjourned at 8:00 p.m. REGULAR MEETING DECEMBER 20, 1999 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER DECEMBER 20, 1999 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Marshall Pitts, Jr. (at-large); Anne D. Fogleman (at-large); Betty Milligan (District 1); Mable Smith (District 2); Robert A. Massey, Jr. (District 3); Nat Robertson (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); Rollin Shaw (District 9) Absent: Darrell J. Haire (District 4) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Lisa Smith, Chief Financial Officer Scott Dorney, Chief Human Resources Officer Victor Sharpe, Planning Services Manager Ben Brown, Chief Development Officer Steve Blanchard, PWC Chief Executive Officer/General Manager Tom McNeill, PWC Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Methodist College Chaplain Carl King, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented Mayor Pro Tem McBryde with a 20-year service award pin. Mayor Dawkins announced the Character Education Concept for December 1999 was caring. 1. Oath of office to be administered to Ms. Rollin Shaw by The Honorable Dougald N. Clark, Jr., District Court Judge. District Court Judge Dougald N. Clark, Jr., administered the Oath of Office to Councilmember Rollin Shaw. 2. APPROVAL OF AGENDA MOTION: Councilmember Robertson moved to excuse Councilmember Haire. SECOND: Councilmember Massey VOTE: UNANIMOUS City Manager Roger Stancil requested to add consent Item 3.V, request to donate property at the corner of Marsh Street and Mylan Road, to the agenda. Mr. Stancil stated that an alternative solution had been submitted for Item 9, the joint Human Relations Commission and the Boys and Girls Club contract would be addressed at the January 3 meeting. MOTION: Councilmember Kendrick moved to approve the agenda. SECOND: Councilmember Robertson VOTE: UNANIMOUS (Councilmember Haire excused) 3. CONSENT: City Attorney Robert Cogswell requested Item 3.B, the minutes of November 22, 1999, Item 4, be corrected to reflect that legal representation would be the firm of McCoy, Weaver, Wiggins, Cleveland, and Raper, rather than L. Stacy Weaver, because some of the work would be done for a lesser amount than $150.00 an hour. Councilmember Kendrick requested to pull Items 3.K and 3.O. Councilmember Pitts requested to pull Item 3.P. Mayor Pro Tem McBryde requested to pull Item 3.R. MOTION: Councilmember Kendrick moved to approve the consent agenda with the addition of Item 3.V, the correction of Item 3.B and the exceptions of Items 3.K, 3.O, 3.P, and 3.R. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Haire excused) The following consent items were approved: A. Approve minutes of regular meeting of November 15, 1999. B. Approve minutes of information meeting of November 22, 1999. C. Approve minutes of regular meeting of December 6, 1999. D. Adopt Reimbursement Resolution of the City Council of Fayetteville, NC, declaring the intention of Fayetteville to reimburse itself from capital lease proceeds for certain expenditures made or to be made in connection with the acquisition of fire trucks. 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 FIRE TRUCKS. RESOLUTION NO. R1999-085. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. E. Adopt Reimbursement Resolution of the City Council of Fayetteville, NC, declaring the intention of Fayetteville to reimburse itself from the Phase 3B Annexation 2/3rd's General Obligation Bonds for certain expenditures made or to be made in connection with the acquisition, construction and equipping of certain capital improvements. 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, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS (PHASE 3B ANNEXATION 2/3RD'S GENERAL OBLIGATION BONDS). RESOLUTION NO. R1999-086. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. F. P99-23F. Approve the rezoning from C3 Heavy Commercial District to C2 Downtown District or to a more restrictive zoning classification for an area located at 443 Franklin Street. Containing .31 acres more or less and being the property of Raymond Naylor as evidenced by deed recorded in Deed Book 2897, Page 403, Cumberland County Registry. G. P99-60F. The rezoning from R10 Residential District to R5A Residential District or to a more restrictive zoning classification for an area located south of Cliffdale Road and west of Pritchett Road. Containing .98 acres more or less and being the property of Fayetteville Apartments, LLC., as evidenced by deed recorded in Deed Book 5183, Page 744, Cumberland County Registry. H. P99-61F. The initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located at 625 Kellam Circle. Containing .77 acres more or less and being the property of True Love Ministries as evidenced by map and legal description furnished by the City of Fayetteville, and scheduled to be annexed by the City of Fayetteville, effective November 15, 1999. I. P99-63F. The rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 916 and 918 Hope Mills Road. Containing .52 acres more or less and being the property of Billy J. and Elizabeth Bailey; and Robert and Mary Page Long as evidenced by deeds recorded in Deed Book 780, Page 404; and 819 Page 168, respectively, Cumberland County Registry. J. P99-64F. The rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1109 Hope Mills Road. Containing .29 acres more or less and being the property of Wendy Cardona and Wayne Whaley as evidenced by deed recorded in Deed Book 5090, Page 0003, Cumberland County Registry. K. Pulled for discussion. L. Award of contract for purchase of 100 each, 250W HPS Teardrop Luminaries, with option to purchase additional quantities within a one-year period to Scott-Parish Electrical (Wake Forest, NC), low bid, in the amount of $59,177.00. (PWC) Bids were received as follows: Scott-Parrish Electrical (Wake Forest, NC) $59,177.00 Westinghouse Electric Supply Co. (Raleigh, NC) $61,982.00 Power & Telephone Supply (Knoxville, TN) $67,700.00 M. Award of contract for construction of the Baywood Road Water Main, from Clinton Road to Sugg's Creek to Wellons Construction, Inc. (Dunn, NC), low bidder, in the amount of $231,097.25. (PWC) Bids were received as follows: Wellons Construction, Inc. (Dunn, NC) $231,097.25 State Utility Contractors (Monroe, NC) $262,961.00 Blue Construction Company (Sanford, NC) $267,096.40 Roger Haddock Construction, Co., Inc. (Sanford, NC) $270,467.00 ES&J Enterprises, Inc. (Autryville, NC) $275,927.00 T.A. Loving Company (Goldsboro, NC) $297,830.00 Temple Grading & Constr., Inc. (Lillington, NC) $303,708.50 Bryant Electric Company, Inc. (Archdale, NC) $337,582.60 Sandhills Contractors, Inc. (Sanford, NC) $407,640.00 N. Approve the following Water and/or Sanitary Sewer Annexation Agreement:(PWC) 1. March F. Riddle; property located on Southstaff Road, identified as Cumberland PIN #9495-71-7113. 2. March F. Riddle; Gates Four Clubhouse property, identified as Cumberland County PIN #9495-64-3211. O. Pulled for discussion. P. Pulled for discussion. Q. Set public hearing for January 3, 2000, to consider the Number of Certificates of Convenience and Necessity (taxicab permits) in the City of Fayetteville for the year 2000. R. Pulled for discussion. S. Approve cancellation of December 28 Information Meeting. T. Approve Budget Ordinance Amendment 2000-1 (Year 2000 Readiness). The City plans to prepare for this unique New Year's weekend as it would prepare for an emergency situation. In conjunction with this plan, the Police Department has requested $54,000.00 for overtime to provide appropriate police staffing from Friday, December 31, to Monday, January 3. No other City department expects to need additional funds for this event. Budget ordinance amendment 2000-1 is requested to appropriate $54,000.00 from the City's General Fund balance to the Police Department for overtime. U. Authorize advertisement of the City's intent to exchange E-911 workstation equipment in the Communications Division of the Fire and Emergency Management Department for upgraded equipment. A RESOLUTION DECLARING EIGHT E-911 TELEPHONE WORKSTATIONS AND 30 BUTTON MODULE FOR POSITRON PHONE SYSTEM SURPLUS AND AUTHORIZING DISPOSAL VIA EXCHANGE OF PROPERTY AS ALLOWED BY N.C.G.S. 160A-271. RESOLUTION NO. R1999-087. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. V. Request to donate property at the corner of Marsh Street and Mylan Road. K. Consideration of approving the following municipal agreements with N.C. Department of Transportation: This item was pulled by Councilmember Kendrick. 1. Intersection improvements at Robeson Street and Levy Drive which includes a right-turn lane on Robeson Street to Levy Drive (City's responsibility) and a traffic signal (NCDOT's responsibility). COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION. RESOLUTION NO. R1999-088. Councilmember Kendrick inquired about the time frame for completion of this project. Mr. Kumar Nepalli, City Traffic Engineer, stated it would be completed in approximately four to five months. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Haire excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 2. Improvements of Robeson Street/Bragg Boulevard from Rowan Street to Rankin Street. (TIP project, U-3421): a) Agreement for sidewalks and traffic signal mast arm poles COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION. RESOLUTION NO. R1999-089. b) Agreements for Underground Utility Work COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION. RESOLUTION NO. R1999-090. MOTION: Councilmember Kendrick moved to approve this entire item. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Haire excused) Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1999. O. Approve agreement with NCDOT, Public Works Commission and the City of Fayetteville for installation of additional fiber optic cable and associated hardware for PWC, as a part of the existing agreement between DOT and the City of Fayetteville for the modernization of a centralized traffic signal system in the City of Fayetteville; and adoption of resolution authorizing the Mayor and City Clerk to sign the Agreement with the Department of Transportation.(PWC) Councilmember Kendrick inquired about the time frame for the new hardware for the new signalization system. City Manager Roger Stancil stated this contract did not apply to the signal system. It was adding to the fiber optic system for PWC. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION. RESOLUTION NO. R1999-091. MOTION: Councilmember Kendrick moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Haire excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. P. Adopt resolutions authorizing condemnation to acquire certain property of Douglas Wayne Whetsell and wife, Sandra B. Whetsell, Jeffrey L. Cobb, Trustee, First Citizens Bank & Trust Co., and property of Hiep T. Pham and wife, Phung Phi Huynhk, CB Services Corp, Trustee, and Centura Bank for the purpose of extension of a sanitary sewer main.(PWC) Councilmember Pitts pulled this item for discussion. Mr. Pitts stated he felt that condemnation should be a last resort for the acquisition of property and he requested information on the history of this item. Mr. Tom McNeill reviewed the history and explained that the greatest need for this area was for gravity sewer and it needed to go into this location. Mr. McNeill stated they had not been able to work it out with the owners. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF DOUGLAS WAYNE WHETSELL AND WIFE, SANDRA B. WHETSELL, AND JEFFREY L. COBB, TRUSTEE, AND FIRST CITIZENS BANK AND TRUST COMPANY. RESOLUTION NO. R1999-092. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF HIEP T. PHAM AND WIFE, PHUNG PHI HUYNH, AND CB SERVICES CORP., TRUSTEE, AND CENTURA BANK. RESOLUTION NO. R1999-093. MOTION: Councilmember Fogleman moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: Passed by a vote of 8 in favor (Councilmembers Shaw, Talbot, Kendrick, McBryde, Fogleman, Milligan, Smith, and Robertson) to 3 in opposition (Councilmembers Worthy, Massey, and Pitts) (Councilmember Haire excused) Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1999. R. Approve amendment of City Council Policy Number 115.2, "City Council Policy on Matters of Concern or Inquiries from Citizens". (Requested by Councilmember Don Talbot) Mayor Pro Tem McBryde pulled this item for discussion noting that because this was a policy matter, he felt this should go to the Policy Committee. MOTION: Mayor Pro Tem McBryde moved to send this item to the Policy Committee. SECOND: Councilmember Fogleman Councilmember Talbot stated this had been discussed numerous times and it did not need to go to the Policy Committee. Mr. Talbot inquired if Mr. Stancil had a problem with the last paragraph. Mr. Stancil stated it was up to the Council to define how they wanted to relate. Mayor Pro Tem McBryde stated that if a committee system was to be used, it should go to the Policy Committee because the new members had not been a part of any prior discussion regarding this matter. Councilmember Worthy inquired how long it would take to go through the Committee. Mayor Pro Tem McBryde stated it would probably be the middle of January. VOTE: Passed by a vote of 7 in favor (Councilmembers Shaw, Kendrick, Robertson, Pitts, Fogleman, Milligan, and McBryde) to 4 in opposition (Councilmembers Worthy, Talbot, Smith, and Massey) (Councilmember Haire excused) 4. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce the speed limit to 25-mile-per-hour for Spencer Street from Southern Avenue to its end. Mr. Kumar Nepalli, City Traffic Engineer, presented this item. Mr. Nepalli recommended adoption of the ordinance. This is the advertised public hearing set for this date and time. There was no one present signed up to speak. The public hearing opened and closed at 7:30 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1999-040. MOTION: Councilmember Worthy moved to approve the 25-mile-per-hour speed limit. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Haire excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce the speed limit to 25 miles per hour for the following streets in Greenwood Homes: Catawba Street from Stamper Road to McGougan Road; Cherokee Drive from Stamper Road to Spruce Street; Manteo Street from Stamper Road to McGougan Road; McGougan Road from Stamper Road to Lyon Road; Mohawk Avenue from Rogers Drive to Spruce Street; Rogers Drive from Stamper Road to Spruce Street; Spruce Street from Stamper Road to Rogers Drive. Mr. Kumar Nepalli, City Traffic Engineer presented this item with the recommendation to adopt the ordinance. This is the advertised public hearing set for this date and time. There was no one present to speak. The public hearing opened and closed at 7:32 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1999-041. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Haire excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1999. C. P99-62F The initial zoning to C1 Local Business District or to a more restrictive zoning classification for an area located on the east side of Bingham Drive and south of Raeford Road. Containing 1.35 acres more or less and being the property of Maria G. Pappas as evidenced by map and legal description furnished by the City of Fayetteville, and scheduled to be annexed by the City of Fayetteville, effective November 15, 1999. Mr. Victor Sharpe, Planning Services Manager, presented this item. Mr. Sharpe reviewed the current land use, the zoning history and the 2010 Land Use Plan, which recommended low density residential. Mr. Sharpe stated that the Planning Commission recommended approval of the initial zoning to P2 for the southern most lot and C1 for the remaining lots running on Bingham Drive. He stated that the Planning staff recommended approval of the initial zoning to C1 Local Business District for all three lots, which were now one tract. Councilmember Shaw inquired about the City's procedure and if she could move to change the zoning to R10. City Attorney Robert Cogswell stated that the City's policy for initial zoning was to zone the property with the closest zoning classification to the County's classification, and the usual procedure was to follow that policy. Mr. Cogswell explained that in order to take exception to the policy, the public hearing would have to produce a strong basis for the change. Councilmember Milligan inquired as to why the staff would recommend C1 for the entire tract, when P2 would be a better buffer to the residential neighborhood. Mr. Victor Sharpe responded that the staff based its recommendation on the fact that it would split zone the property and make it difficult for the owner to use the property. Councilmember Kendrick inquired how would loss of income from downgrading the zoning affect the property. Mr. Cogswell replied that if the Council's action totally deprived an owner of any economical use of the property, the owners would have a taker's claim. Further discussion was held regarding the staff's recommendation. This is the advertised public hearing set for this date and time. The public hearing opened at 7:46 p.m. Ms. Maria Pappas, 2104 Galax Drive, Fayetteville, NC, and Mr. John N. Bantsolas, 6304 Whitehall Drive, Fayetteville, NC, appeared in favor of the rezoning. Mr. David G. Rockwell, 1009 Arberdale Drive, Fayetteville, NC; Ms. Annemarie Estep, 769 Yorkshire Drive, Fayetteville, NC; Ms. Sue McKee, 1002 Arberdale Drive, Fayetteville, NC; Mr. John K. McKee, 1002 Arberdale Drive, Fayetteville, NC; and Dr. Ingelore Holthe, 6204 Darrow Drive, Fayetteville, NC, appeared in opposition to the rezoning. Mr. John N. Bantsolas spoke in rebuttal to the opposition. There was no one further to speak and the public hearing closed at 8:04 p.m. Discussion was held regarding uniformity of the zoning classifications, the need for a buffer to preserve the residential neighborhood, the need to preserve the neighborhoods on that side of town, and the effect of annexation on people who do not live within the City. MOTION: Councilmember Kendrick moved to go with the Council's policies and the Zoning Commission's recommendation of C1 for two lots and P2 for the southern portion of the tract. SECOND: Mayor Pro Tem McBryde A discussion was held on traffic patterns and curb cuts on the residential side of the property. Mayor Pro Tem McBryde inquired if they could require that no curb cuts be placed on the residential streets. Mr. Nepalli replied that all commercial and professional entrances are from the thoroughfares. Councilmember Kendrick requested that the requirement that there be no curb cuts on the residential streets be made a part of his motion. Councilmember Fogleman requested that left turns on Bingham Drive be addressed because of the dangerous situation. Mr. Sharpe stated that once a driveway permit was requested, this issue would be addressed. VOTE: UNANIMOUS (Councilmember Haire excused) D. Consideration of extending the corporate limits of the City of Fayetteville for a petition-initiated contiguous annexation area, Keystone Hospitality property (Located on the eastern side of Jim Johnson Road, north of Cedar Creek Road). City Manager Roger Stancil presented this item. He recommended adoption of the ordinance to annex the property to be effective on December 20, 1999. Councilmember Kendrick inquired if this project was being built on a City or County permit. Mr. Stancil responded a building permit had been issued by the County. A discussion was held regarding the drainage concern for the area and the fact that not addressing the drainage issue was detrimental to the citizens of Fayetteville. Mr. Stancil stated he did not know how this had fallen through the cracks and a look was being taken at the current procedures. Mr. Stancil noted technically a permit should not have been issued until the water and sewer issue had been addressed and both services were available to the property owner. Mr. Stancil stated there was going to be a drainage problem whether the property was in or out of the City and he felt the City should just go ahead and annex. Councilmember Kendrick stated that this type of issue should be addressed in the future and no permit should be issued when the water and sewer drainage had not been addressed. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition, and the public hearing opened and closed at 8:30 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. KEYSTONE HOSPITALITY, INC., PROPERTY - LOCATED ON THE EASTERN SIDE OF JIM JOHNSON ROAD, NORTH OF CEDAR CREEK ROAD. ANNEXATION ORDINANCE NO. 99-12-442. MOTION: Councilmember Worthy moved to annex the property. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Haire excused) A copy of the foregoing annexation ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1999. 5. P99-66F The initial zoning to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located east of Jim Johnson Road and north of Cedar Creek Road. Containing 1.78 acres more or less and being the property of Keystone Hospitality, Inc., as evidenced by map and legal description furnished by the City of Fayetteville, and schedule to be annexed by the City of Fayetteville, effective December 6, 1999. No presentation was made on this item. MOTION: Mayor Pro Tem McBryde moved to approve the rezoning to C3. SECOND: Councilmember Robertson VOTE: UNANIMOUS (Councilmember Haire excused) 6. Consideration of request to address City Council from Susan B. Zeiber, Chairperson, Fund Raising Committee of Douglas Byrd High School Band. Mrs. Susan Zieber, Chairperson of the Fund-Raising Committee of Douglas Byrd High School Band, requested support from the Council for the band's appearance at the White House in Washington, DC. Mrs. Zieber stated there were 140 students and the cost per student was $400.00, and there were some families that could not afford that cost. Mrs. Zieber requested that the Douglas Byrd Marching Band be recognized as musical ambassadors for the City of Fayetteville and that as ambassadors, they were requesting that the City of Fayetteville help defray the costs of sending at least 100 students on this monumental trip. Mayor Dawkins inquired if they were requesting $40,000.00. Mrs. Zieber stated they were asking for anything the Council could give. A discussion was held regarding the fund raising being done by the band. Councilmember Kendrick stated the Council had not given money in the past and he was unsure of what the policy was. MOTION: Councilmember Kendrick moved to forward the funding issue to the Policy Committee. SECOND: Councilmember Shaw VOTE: UNANIMOUS (Councilmember Haire excused) Councilmember Worthy expressed his personal support and volunteered to help in any way that he could on a private basis. MOTION: Councilmember Massey moved to approve the designation of the Douglas Byrd Marching Band as ambassadors for the City of Fayetteville. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Haire excused) Councilmember Robertson suggested the Mayor do a proclamation. Councilmember Massey requested that the general public help the band out financially. 7. Consideration of request to address City Council from Frank Weaver, Weaver Commercial Properties, regarding a provision of the sign ordinance. Mr. Frank Weaver, of Weaver Commercial Properties, addressed the Council. Mr. Weaver stated his firm represented several commercial properties for lease and for sale in the Fayetteville market, and his day time concern with the ordinance was that sometimes he was unable to find a suitable tenant or buyer within the specified 120-day time period allowed and therefore, he was compelled to remove the entire sign structure even though it was otherwise in complete compliance and the property was actively being marketed for sale or lease. Mr. Weaver stated this was a very expensive remedy for a relatively short-term situation. Removal and replacement of a double pylon sign and cabinet could cost thousands of dollars, and if the sole purpose of this provision was to avoid public confusion with a discontinued or relocated business, he would like for the Council to consider other methods that were substantially less expensive. Mr. Weaver offered for consideration simply reversing the sign panels and in the event that panels had been removed or could not be reversed, new panels could be installed. MOTION: Mayor Pro Tem McBryde moved to send the entire ordinance and especially this part to the Development Committee and that Mr. Weaver come to the meeting to discuss with the committee both the issue and any pending violations. Mr. McBryde further stipulated that any violations of the nature that Mr. Weaver described were to be held in abeyance until this ordinance had been reviewed by the Development Committee. SECOND: Councilmember Talbot VOTE: UNANIMOUS (Councilmember Haire excused) 8. Consideration of proposed sale of PWC Person Street Administration Office. Mr. Tom McNeill, PWC, presented this item, noting that a bid had been received from Beasley F.M. Acquisition Corporation for the purchase of the property on Person Street for $1,350,000.00, and the PWC staff recommended approval of this offer. RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR SALE OF CITY OF FAYETTEVILLE PROPERTY THROUGH NEGOTIATED OFFER, ADVERTISEMENT, AND UPSET BIDS PROCESS. RESOLUTION NO. R1999-094. MOTION: Councilmember Worthy moved to approve the bids and to begin the proper sales procedures. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Haire excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1999. 9. Consideration of a proposal for development of the City of Fayetteville - Cumberland County Human Relations Commission. City Manager Roger Stancil presented this item, noting there were two key issues. The first key issue was the appointment of a new commission and the disbanding of the current commission by January 31, 2000. Mr. Stancil noted that the Human Relations Commission had recommended adding County members until June 30, 2000, and then changing the way the commission was appointed. The second issue was to add a clerical position to the Human Relations Department with all staff and operating costs and indirect costs allocation being split with the County on a 50-50 basis with the exclusion of the salary and benefits of the Human Relations Director, Theo McClammy. Mr. Stancil stated that Mr. McClammy was a key department head and he used him in different ways other than Human Relations Director and he wanted it to be clear that Mr. McClammy worked for the City Manager totally. Councilmember Milligan expressed her support for the concept but stated her disagreement with the funding. Councilmember Milligan stated she felt the County needed to pay more of the costs. Councilmember Massey stated that the only thing the City gained was one clerical position and the entire organization was being diluted, with the employee's workload more than doubling. Mr. Massey stated this needed to be looked at again by all parties. MOTION: Councilmember Robertson moved to send this issue back and to have the City Manager approach the County for funding proportionate to the number of citizens in both the City and County. SECOND: Councilmember Milligan Mayor Pro Tem McBryde pointed out that the City provides 54 percent of the County's tax base and this could be another way to look at the issue. Councilmembers Pitts and Shaw expressed their concern that the County may view this action as negative. Councilmember Robertson stated that his motion was not speaking about the integrity of the proposal, and in the worst case scenario it could be funded in this amount, but there were more people outside the corporate limits of the City of Fayetteville and the County should pay their way. City Manager Roger Stancil recommended that action be deferred and that he and the County Manager meet and explore other possibilities. Councilmember Robertson withdrew his motion. Councilmember Kendrick stated he felt the other municipalities in the County should be involved in this process and if they receive benefits, they should be players at the table. Councilmember Shaw stated her support for Councilmember Kendrick's recommendation. 10. Consideration of the following planning issues: A. 2025 Long Range Transportation Plan B. Bicycle and Pedestrian Plan C. Driveway Manual D. Federal certification of transportation planning process MOTION: Councilmember Kendrick moved to send this item to the Planning Commission. SECOND: Councilmember Shaw VOTE: UNANIMOUS (Councilmember Haire excused) 11. Consideration of ordinance amendment permitting bicycles on sidewalks with pedestrian having the right of way. (Requested by Councilmember Don Talbot) Councilmember Talbot stated the City is continuing to put in sidewalks throughout the City, and bicycles could not be ridden on them and he felt this change needed to be made before kids got their bicycles for Christmas. MOTION: Councilmember Talbot moved to change the ordinance. SECOND: Councilmember Worthy SUBSTITUTE MOTION: Mayor Pro Tem McBryde moved to send this issue to the Transportation Committee. SECOND: Councilmember Kendrick A discussion was held regarding the City's liability and the need for more dialogue with future plans being made to ensure that sidewalks would be constructed that were both pedestrian and bicycle friendly. SUBSTITUTE MOTION VOTE: Passed by a vote of 6 in favor (Councilmembers Kendrick, McBryde, Shaw, Pitts, Fogleman, and Milligan) to 5 in opposition (Councilmembers Robertson, Worthy, Talbot, Smith, and Massey) (Councilmember Haire excused) 12. Consideration of referring Case P99-55F back to the Planning Department to initiate rezoning from R10 to C3. (Requested by Councilmember Don Talbot) Councilmember Talbot stated this request to initiate rezoning needed to be done because there was no neighborhood to protect at this location and the owner could not expand his business. Mr. Talbot stated it was his opinion that if we deny the owner the right to expand, then the City is taking his property. MOTION: Councilmember Talbot moved to refer this item back to the Planning Department to initiate rezoning from R10 to C3. SECOND: Councilmember Worthy Councilmember Worthy asked Mr. Cogswell to define taking. Mr. Cogswell stated a taking was when a city took an owner's property without paying for it and denied all economic liability of the use of the property. Councilmember Kendrick expressed his opposition to the request for rezoning. VOTE: Passed by a vote of 8 in favor (Councilmembers Robertson, Worthy, Shaw, Fogleman, Smith, Massey, Pitts, and Talbot) to 3 in opposition (Councilmembers McBryde, Kendrick, and Milligan) (Councilmember Haire excused) 13. Consideration of items for referral to the City-County Liaison Committee. Councilmember Talbot stated that one issue that will be coming before the committee would be recycling. Councilmember Milligan asked Councilmember Talbot to find out, where the collected recyclable materials that are go. 14. APPOINTMENTS: A. Appearance Commission: 7 vacancies as follows: 1 Architect, 1 Landscape; 5 At-large; 7 appointments needed. The following appointments were made: Mr. Kenneth Lancaster, Jr., Mr. Culous Hayes, and Mr. Tom Davis were re-appointed to at-large positions. Ms. Carol McFadyen and Mr. John T. Johnson were appointed to first at-large terms. Mr. Gordon Johnson was appointed to the architect position. Mr. Wesley A. Meredith was appointed to the landscape position. B. Personnel Review Board: 3 vacancies; 3 appointments needed. Ms. Judy A. Dorman and Mr. Clair L. Hudspeth were re-appointed to a second term, and Mr. Jeffrey D. Campbell was appointed to a first term. C. Fayetteville Redevelopment Commission: 4 vacancies; 4 appointments needed. Councilmember Worthy withdrew his nomination of Mr. James Wilson and moved to accept the other nominations by acclamations. The following appointments were made. Mr. Lester L. McGuire was re-appointed. Ms. Elinor Luse, Ms. Suzanne Rucker, and Mr. Jamale Johnson were appointed to first terms. D. City Zoning Commission: 2 alternate vacancies; 2 appointments needed. Councilmember Worthy moved to accept the nominations by acclamation. Mr. William "Bill" Jenkins and Mr. Marshal B. Pitts, Sr., were appointed by acclamation to a first term alternate position. E. Fayetteville Historic Resources Commission: 1 resignation; 1 appointment needed. Councilmember Worthy withdrew his nomination of Mr. John Clark. Mr. Floyd Caldwell was re-appointed to a second two-year term. F. Community Health Care Council: 1 vacancy; 1 appointment needed. Ms. Ruhama Bond was appointed to fill in the vacancy. G. City of Fayetteville Finance Corporation: 4 vacancies; 4 appointments needed. No action was taken. 15. ADMINISTRATIVE REPORTS A. Update on Joint Planning Committee on Water & Sewer Service. B. Update on City position vacancies. INFORMATION ITEMS: 1. Update on Murchison Road area project. 2. Monthly statement of taxes collected for the month of November 1999, from the Cumberland County Tax Administrator. 1999 Taxes $ 596,084.01 1999 Vehicle Taxes 262,359.08 1999 Revit 1,062.31 1999 Vehicle Revit 357.24 1999 FVT 32,149.37 1999 Storm Water 91,974.07 1998 Taxes 23,008.29 1998 Vehicle Taxes 29,104.39 1998 Revit .0.00 1998 Vehicle Revit 41.54 1998 FVT 3,870.38 1998 Storm Water 2,088.05 1997 Taxes 6,486.48 1997 Vehicle Taxes 806.04 1997 Revit 0.07 1997 Vehicle Revit 0.00 1997 FVT 150.00 1997 Storm Water 1,009.07 1996 Taxes 3,401.24 1996 Vehicle Taxes 213.44 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 45.03 1996 Storm Water 524.27 1995 & Prior Taxes 2,537.26 1995 & Prior Vehicle Taxes 26.75 1995 & Prior Revit 0.00 1995 & Prior Vehicle Revit 0.00 1995 & Prior FVT 5.00 1995 Storm Water 334.17 Interest 8,133.28 Interest (Revit) 2.90 Interest (Storm Water) 650.69 Fayetteville Discount (6.68) Revit. Discount 0.00 Total Collections $1,066,267.74 3. Report on tax refunds less than $100. Name Year Basis City Refund Allied Insurance Agency Inc. 1998 & 1999 Listed twice in error $86.28 Thomas G. Grace 1998 Military non-resident 94.88 Zaharias, Papadakis 1997 & 1998 Military non-resident 96.87 Total $278.03 4. Report of Dr. Martin Luther King, Jr., holiday activities. 5. Status of Phase IIIA & IIIB annexation projects. 6. Community Improvement Team - monthly report for November 1999. 7. Professional Standards - monthly report from the Office of Professional Standards and Inspections for the month of November 1999. 8. Update on meeting of November 4, 1999, regarding Cape Fear River Interbasin Transfer Concerns. 9. Information from Time Warner Cable regarding broadcast of area stations. 10. Parks and Recreation Advisory - minutes of November 16, 1999. 11. Cape Fear Botanical Garden - minutes of November 18, 1999. 12. FACVB - minutes of November 18, 1999. 13 PWC - minutes of November 10, 1999. 14. Women's Center - minutes of June 22, October 26 and September 21, 1999. MOTION: Mayor Pro Tem McBryde moved to adjourn. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Haire excused) The meeting adjourned at 9:45 p.m.