1995 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA INFORMATION MEETING JANUARY 3, 1995 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER JANUARY 3, 1995 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Nat Robertson (at-large) Others Present: John Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Al Mitchell, Assistant Planning Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Pastor John Coker, First Presbyterian Church, followed by the Mayor leading in the Pledge of Allegiance to the American flag. RECOGNITION: Mayor Dawkins presented a service pin of 5 years to Councilmember Cheek and 15 year service pin to Councilmember McBryde. City Attorney Cogswell introduced the new Assistant City Attorney Karen Musgrave. 1. APPROVAL OF AGENDA City Attorney Cogswell requested that Council add the Pearl Street matter as item 2.D., unless Council had questions concerning the information sent to them previously. He requested that the settlement of a lawsuit the City has against FDR Enterprises, Inc. be added as item 13. Councilmember Bolton moved to approve the agenda with the additions as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Robertson absent. Councilmember Kendrick moved to excuse Councilmember Robertson due to illness in the family, seconded by Councilmember Massey and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Cheek requested to pull item 2.D. Councilmember Bolton moved to approve the consent agenda with the exception of item 2.D. After a second from Councilmember Torrey, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of December 5, 1994. B. Approve minutes of City Council Planning Retreat held on December 9 and 10, 1994. C. Approve tax refunds over $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. D. Consideration of rejection of all bids on the property for sale on Pearl Street. Councilmember Cheek asked to clarify if they should follow the recommendation to reject any and all bids for Pearl Street. City Attorney Cogswell answered yes and that they are getting the facts map corrected. Councilmember Cheek moved to follow the recommendation to reject any and all bids for Pearl Street, seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember Robertson absent. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the time limit of five minutes for public hearing speaker with a total of 15 minutes for those in favor and fifteen minutes for those in opposition, and of three minutes for non-public hearing speakers. A. Consideration of the rezoning from P2 Professional District to C1P Shopping Center District or to a more restrictive zoning classification for an area located at the southwest corner of the intersection of Pamalee Drive (U.S. 401 By-Pass) and Cain Road and being the property of Henry M. Tyson. (P94-182) City Attorney Cogswell stated that a protest petition was filed, which requires 3/4 of the actual Councilmembers present to rezone if this is a valid petition. A question has been raised concerning one of the signatures for the church property that abuts the property requesting rezoning. He said it is not known how many trustees it takes to act in behalf of the church. Mr. Cogswell recommends postponement of the public hearing on this matter, so this can be checked into, as well as all Councilmembers being present to hear the information and being able to vote. Mr. Cogswell said there is a question as to whether it is 20 percent of property within a hundred feet or 20 percent of owners within a hundred feet. He said that if the church's signature is valid then that erases any question. Mr. Cogswell recommended the sign-up sheets for speakers be frozen so that neither side will have an advantage over the other. Also to accept no further protest petitions. Councilmember McBryde moved to postpone the public hearing until the January 17, 1995, meeting, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Robertson absent. B. Consideration of an application by Bob Stanger, Cumberland County Engineer, 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 group home in an R6 Residential District for an area located between Burnett Avenue and Coffman Street on the westside known as Lots 1-6, Block “D”, 1-9 and 13-19, Block “C” and being the property of County of Cumberland (Fayetteville Ordinance) (P94-195) This item was presented by Assistant Planning Director Al Mitchell with a recommendation for approval of the requested Special Use Permit with the findings that the use fits in with the character of the neighborhood and the use is not detrimental to the surrounding area. The Planning Board added a third finding that all plans and specifications for this site are to be approved by all applicable agencies. This is the advertised public hearing. Councilmember Torrey said he understood that State policy allowed Group Homes to be placed in a community without public hearing. Mr. Mitchell replied that this is by size, six or fewer are exempted if they meet certain criteria, but this will be a nine resident home, so it is subject to local regulations. The public hearing was opened at 7:18 p.m. and the City Clerk swore in Bob Stanger, Cumberland County Engineer, petitioner for the Special Use Permit. He said the property of 11.4 acres was acquired through Cumberland County Tax foreclosures. The area includes Eugene, Ira and Burnett Streets. The County Commissioners approved petitioning the City to close Eugene Street. He said it will be a high management group home. Mr. Stanger gave a description of the future building and said it would be in character with the neighborhood. He said they will be tying into public works sewer and will be well buffered. Mr. Stanger concluded by saying they are waiting to record the plat until the road has been closed. The home will be staffed by Cumberland County Mental Health. Councilmember Kendrick asked Mr. Stanger about the stormwater drainage. He responded that Blount Creek runs through this property so there will be no problem there. Ms. Debbie Jenkins, Director of Youth Services with Cumberland County Mental Health Department, was sworn by the clerk. She said the facility will house nine adolescent males between the ages of thirteen and seventeen. They will be physically stable, there will be a very intensive and vigorous screening and assessment process. The program will be staffed with one to two staff/client ratio, 24 hour staffed facility, with awake-staff at all times. She said the design of the building will be such that you will be able to see all the bedrooms and bathrooms so that no one can come or go during the night. Ms. Jenkins said that a meeting was held in the community in February and they also sent out surveys into the community. Ms. Jenkins said the community voted for this by a 19 to 5 vote at that time. They also requested two community representatives to work with a Group Home Task Force. The last meeting with them being just before Christmas to go over the blue-prints. She said the only concerns from the neighborhood were that more problem children would be brought into Massey Hill. They feel this is an opportunity to take children with problems, give them the appropriate service they need in order to be productive citizens of the community. Mr. Phil McCall, Cumberland Mental Health Department, reiterated what Ms. Jenkins had said. He said this will be an asset to Massey Hill community and the City of Fayetteville and they need an opportunity to work closely with the Court System, Mental Health, the Department of Social Services and anyone else to give these young men an opportunity to have a chance in life. He distributed copies of a newspaper article giving an account of the neighborhood meeting on February 23, 1994. Mr. McCall said he hopes council will support this project and create an opportunity for all of them to work together for the youngsters of tomorrow to make this a better place to live. Speaking in opposition, Ms. Linda Bryant, 1913 Burnett Avenue, was sworn in by the clerk. She was concerned with more problem children being brought into the area to add to the ones already living there. Ms. Bryant was also concerned with the heavy traffic being dangerous and this Group Home would bring even more traffic in. Ms. Bryant was also concerned with the boys finding a way out of the building without the staff knowing it. There being none further to be heard on this matter the public hearing was closed at 7:41 p.m. Councilmember Kendrick asked Ms. Jenkins what schooling these youths would receive. She answered that they will attend schools in the area unless they are in a special ed class and they will attend those classes in the area schools if they are available, otherwise the school system will provide transportation to whichever school they would be assigned to. She said that some of them do very well in the school system, but they are not able to function at home for various reasons. Mr. Kendrick asked about security. Ms. Jenkins described the layout of the rooms and how the staff would be able to observe them at all times. Mr. Kendrick asked when the construction would begin and be completed. The response was to begin in February and to be completed in five months. Councilmember Kendrick moved to approve the request for the Special Use Permit with the findings that the use fits in with the character of the neighborhood, the use is not detrimental to the surrounding area and that all plans and specifications for this site are to be approved by the applicable agencies. The motion was seconded by Councilmember Cheek. Discussion: Councilmember Ross complimented the Cumberland County Mental Health Department for the work they are doing for these children. Councilmember Blackwell asked Ms. Jenkins if the youths would be driving automobiles and she responded they would not. Mr. Blackwell addressed Ms. Bryant's concerns. He said the city would enforce the speed limit on her street, that traffic would not increase except by staff and most of the students that attend the Massey Hill Alternative School are not from that area and leave at the end of the school day. Councilmember Torrey asked Ms. Jenkins what else they had to offer these students in addition to just lodging. She answered that staff would be able to help habilitate them, offer psychological educational services and vocational skills as well as independent living skills. There would also be two full-time clinical staff to work directly with these young men and their families to provide out patient therapy sessions at the home. Mr. Torrey asked if there will be workshops and labs there. Ms. Jenkins said there would not be workshops or labs there, but they will be expected to do chores. Mr. Torry asked about the short term cases. Ms. Jenkins responded this is for those who have problems at home, that the parent or family might blame the young boy for, and this will give him a place without being sent to the hospital or locked up in detention because foster homes are unable to address this problem. Mayor Dawkins called for a vote on the motion to approve the Special Use Permit with the findings and it carried unanimously 8 to 0 with Councilmember Robertson absent. 4. Consideration of request to address City Council from Mac Healy, Chairman, Action Committee, Olde Fayetteville Association, regarding downtown development. Mr. Healy appeared before council to request the city to give $232,000.00 toward their goal of $450,000.00 through private and public contributions to bring Robert E. Marvin and Associates in to lead us through a six-to-twelve month design process resulting in an all inclusive master plan for Fayetteville's center city. The same request has been presented to Cumberland County Commissioners. Councilmember Blackwell moved that Council adopt, with financial support, the complete Fayetteville Once & For All Plan, and authorize the city to contract with Robert E. Marvin for the design. The motion was seconded by Councilmember McBryde. Councilmember Torrey said he wants the surrounding area to be involved, not just a few blocks in the central downtown. The other Councilmembers agreed. Following discussion, City Manager Smith recommended amending the motion to state that council appropriate up to $232,000.00 from the Fund balance for a contract through Olde Fayetteville Association. Councilmembers Blackwell and McBryde accepted the amended motion and it carried 8 to 0 with Councilmember Robertson absent. 5. Consideration of adoption of two annexation ordinances for two exit ramp areas located at the I-95/Cedar Creek Road Interchange. (City-Initiated Annexations. Recommended effective date for each annexation is February 12, 1995) A. Area 502 - Southbound Exit Ramp at I-95 Cedar Creek Road Interchange. (Also includes approximately 1,670 feet of both the southbound and northbound lanes of I-95). B. Area 503 - Northbound Exit Ramp at I-95/Cedar Creek Road Interchange. (Also includes Northbound Ingress Ramp and Southbound Ingress Ramp. Also includes approximately 2,225 feet of both the southbound and northbound lanes of I-95). This item was presented in the agenda packet with a recommendation for adoption of the ordinances. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ART. 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 502-SOUTHBOUND EXIT RAMP AT I-95/CEDAR CREEK ROAD INTERCHANGE). ANNEXATION ORDINANCE NO. 95-1-402. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ART. 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 503-NORTHBOUND EXIT RAMP AT I-95/CEDAR CREEK ROAD INTERCHANGE). ANNEXATION ORDINANCE NO. 95-1-403. Councilmember Bolton moved to adopt the foregoing ordinances, seconded by Councilmember Kendrick and carried unanimously. The forgoing ordinances are on file in the clerk's office in Annexation Ordinance Book 1995. 6. Consideration of revisions to Chapter 31A, “Water Supply Watershed Management and Protection”, of the Code of Ordinances of the City of Fayetteville. This item was presented in the packet by Assistant City Manager Teal with a recommendation to refer this ordinance to the Planning Board. Councilmember Bolton moved to refer this ordinance to the Planning Board as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Robertson absent. 7. Consideration of adoption of resolution endorsing the purchase of Fort Bragg training land. This item was presented in the agenda packet with a recommendation for the adoption of the resolution. RESOLUTION ENDORSING THE PURCHASE OF FORT BRAGG TRAINING LAND. RESOLUTION NO. R1995-1. Councilmember Bolton introduced the forgoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Robertson absent. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. 8. Consideration of setting a special meeting for January 9, 1995, to consider downtown issues (Stadium, DSS Building, Robert Marvin proposal). Councilmember Blackwell moved to set a special meeting for January 9, 1995, in the first floor multi-purpose room at City Hall, at 7:00 p.m., to consider downtown issues of the stadium and the Department of Social Services Building. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Robertson absent. 9. Consideration of setting a joint meeting between Fayetteville City Council and the Cumberland County Legislative Delegation. (Suggested: Friday, January 20, 1995, 8:00 a.m., Radisson-Prince Charles Hotel) Councilmember McBryde moved to set the joint meeting with the Cumberland County Legislative Delegation for January 20, 1995, 8:00 a.m., Radission-Prince Charles Hotel. The motion was seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Robertson absent. Mayor Dawkins noted that the mayors of Spring Lake and Hope Mills will be invited along with their town managers. 10. Consideration of setting a special joint meeting with Cumberland County Board of Commissioners for February 13, 1995, for report from the Stormwater Advisory Committee. Councilmember Blackwell moved to set a special joint meeting with Cumberland County Commissioners for February 13, 1995, 7:00 p.m., first floor multi-purpose room, for report from the Stormwater Advisory Committee. The motion was seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Robertson absent. 11. APPOINTMENTS: A. Nominations to fill three vacancies on Appearance Commission. Mr. J. M. Kizer, Jr. was elected for a second term to December 1996, unanimously. There were no nominations for the landscape or architect categories to fill unexpired terms to December 1995. B. Nominations to fill two vacancies on Redevelopment Commission. There were no nominations to fill the two new positions. C. Nominations to fill one vacancy on Wrecker Review Board. There were no nominations to fill the unexpired term of the chairman to October 1995. D. Nominations to fill one vacancy on N.C. Fireman’s Relief Fund. Mr. J. H. Kyle, Jr. was nominated by Councilmember McBryde for a second term. 12. ADMINISTRATIVE REPORTS: A. Update on Davis Court paving. The report on the Davis Court paving was submitted in the agenda packet. B. Report on tax refunds less than $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. 13. Consideration of settlement of legal case. City Attorney Cogswell recommended settlement of all pending matters in the case of the City versus FDR Enterprises, Inc., for the sum of $10,000.00 to be paid to the city. Councilmember Bolton moved to follow the recommendation to settle the case as recommended, seconded by Councilmember McBryde and carried unanimously with Councilmember Robertson absent. At this time, Councilmember Kendrick referred to information item No. 3, regarding the Ireland Drive sidewalks. Councilmember Kendrick moved to send this matter to the City Council Policy Committee. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Robertson absent. Councilmember Kendrick referred to the statistics of DWI he had distributed to Councilmembers and moved to refer to staff for a report in February with prices on the police department reporting in the newspaper those charged with DWI. The motion was seconded by Councilmember Blackwell. Councilmember Cheek requested that information furnished by staff in the past on this matter be included in this report. The motion carried 8 to 0 with Councilmember Robertson absent. INFORMATION ITEMS: 1. Thank you note from Johnny and Donna Dawkins. 2. Copy of letter to NC DOT regarding naming CBD Loop in honor of Dr. Martin Luther King, Jr. 3. Response to request from Councilmember Kendrick regarding Ireland Drive Sidewalks. 4. Memo from Parks and Recreation Director regarding fees or charges for use of billiard tables. 5. Copy of letter to Alan Spencer, Cablevision, from Dr. Joe Meek. 6. Memo from County Commission Board naming members of City-County Liaison Committee for 1995. 7. Appearance Commission - minutes of October 25 and November 22, 1994. 8. Redevelopment Commission - minutes of December 14, 1994. 9. Board of Adjustment - minutes of October 19, 1994.10. Joint Planning Board - minutes of November 15, December 6,1994, and monthly report for November, 1994. 11. Joint Planning Board - agenda for January 3, 1995. There being no further business the meeting was adjourned at 8:45 p.m. upon motion and second. SPECIAL MEETING JANUARY 9, 1995 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL MULTIPURPOSE ROOM JANUARY 9, 1995 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Tommy Bolton (District 1)- arrived 7:08 p.m.; Robert A. Massey, Jr. (District 3) - arrived 7:22 p.m.; Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Nat Robertson (at-large)- excused; Ida Ross (District 2)- excused Others Present: John Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Al Mitchell, Assistant Planning Director Matt Perry, Fayetteville Generals Rick Furr, Fayetteville Generals Members of the Press Mayor Dawkins called the meeting to order and upon motion by Councilmember McBryde, and seconded by Councilmember Kendrick the meeting was moved across the hall to Council Chambers and reconvened at 7:06 p.m. Councilmember Blackwell moved to excuse Councilmember Ross because of illness and Councilmember Robertson for being out of town. The motion was seconded by Councilmember Torrey and carried unanimously. Councilmember McBryde moved to excuse Councilmembers Bolton and Massey until their late arrival, seconded by Councilmember Blackwell and carried unanimously. Councilmember Bolton arrived at 7:08 p.m. City Manager Smith was recognized. He said the meeting was called because of discussion of downtown area issues and turned the meeting over to Matt Perry for presentation of the proposed baseball stadium. Mr. Perry asked Dr. Menno Pennick to make some introductory remarks about the two projects. Dr. Pennick said he feels the only way to make the new baseball stadium a reality is to have City Council, County Commissioners, Owners of the Baseball Team, and the private sector all work together and come up with some innovative financial planning and funding. Dr. Pennick suggested that the stadium and the Department of Social Services building be combined projects in order to save on parking. The DSS could use the parking in the daytime and the stadium to use it at night. He said the Coca Cola Company property purchased by the county for the DSS building is wanted by the J. P. Riddle Business Group, which would relieve the county of that property. Dr. Pennick said it is very important to keep the 600 people with the DSS in the downtown area and the stadium would bring over 100,000 people to the downtown area. He said there would be a need for more shops, restaurants and other business downtown. Matt Perry said the cost to repair the existing Riddle Stadium would be in the millions and that money would be better spent in a site downtown. He presented slides of a list of different classes in baseball and statistics showing successes of new stadiums across the United States. Mr. Perry emphasized that in North Carolina alone, there have been new facilities completed or are in progress in Ashville, Charlotte, Kannapolis, Durham, Raleigh and Hickory. Councilmember Massey arrived at the meeting at 7:22 p.m. The Generals' Manager Rick Furr addressed Council that he feels a new stadium would bring more patrons, create jobs and provide family entertainment for under $20. He feels marketing is what is needed to increase the attendance from 100,000 to 200,000. He described some of the features the new stadium would contain. Dr. Mark Miller addressed some of the benefits of having a new stadium, such as concerts, trade shows, flea markets, circuses and fairs. He cited an example of the increase in attendance at Hickory, North Carolina, from 32,931 to 283,272 in the new facility. Robbie Ferris, Architect, addressed the site selection. He displayed a map showing the three sites selected by the stadium committee. Site three would be adjacent to the Public Works Commission on Person Street, but would require a perfectly good building to be torn down. Site choice number two is the corner of Russell and Winslow Streets, but impact on redevelopment on downtown would be less than site choice number one, which is located across the street from the Market on Franklin Street. Mr. Ferris said the budget called for $7.5 million but still did not include parking. This is the reason for the suggestion of sharing parking with the Department of Social Services Building. Mr. Perry said the Stadium Committee was proposing that the City would contribute $2.5 million for construction, provide cleaning up, provide security and utilities. There would be a commitment to cover the overrides equally with Cumberland County. He said they would have the county contribute $2.5 million, furnish maintenance of playing fields and grounds and the same commitment to cover overrides. He said they have details for the private sector fundraisers. Mr. Perry furnished handouts to Council on all of his presentations. City Manager Smith said that for the $2.5 million contribution for the stadium, cleaning, security and utilities it would be $302,000 annually for 20 years, with a tax increase of approximately one cent on the tax rate. There were approximately 35 people who stood in favor of this project. Councilmember Blackwell asked what the county's obligation to the Coca Cola property is at this point. County Manager Cliff Strassenburg replied that the purchase on the property has been closed and their staff is moving forward on the planning phase for that site. Discussion continued, which included questions and remarks concerning parking obligations, Department of Social Services building, the City's obligations and Robert Marvin's upcoming proposal. Councilmember Cheek moved that whereas, there are projects totaling $25 to $30 million on the drawing board and on the table in the Social Services building and the Baseball Stadium; and whereas, the County is in the driver's seat in both of these projects; and whereas, the County has very viable alternatives to the site that has been selected for the Social Services building; and whereas, the County has undertaken with the City a creative Once & For All Plan to get something done downtown; that therefore, the City Council urge their co-partners in planning to delay these projects and enter them into the planning process on a fast track with Robert Marvin so that we can make every effort jointly and sincerely to bring these projects downtown where they belong, if they belong here, which is part of the planning process to tell us that. The motion was seconded by Councilmember Blackwell and carried unanimously 7 to 0 with Councilmembers Ross and Robertson absent. There being no further business the meeting was adjourned upon motion and second at 9:30 p.m. REGULAR MEETING JANUARY 17, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JANUARY 17, 1995 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Nat Robertson (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John Smith, City Manager Roger L. Stancil, Deputy City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Al Mitchell, Assistant Planning Director Louis Chalmers, Traffic Engineer James Rose, PWC Support Services Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Rev. Robert Phipps, Grace Baptist Church, followed by the Mayor leading into the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented Councilmember Robertson with his five year service pin. 1. APPROVAL OF AGENDA City Manager Smith requested a correction to the agenda by reversing items 3-A. and 3-B. Councilmember Cheek requested to add as item 12-B., the information letter from Traffic Engineer Chalmers concerning neighborhood meetings. Councilmember McBryde moved to approve the agenda with the changes and addition of item 12-B. as requested, seconded by Councilmember Bolton and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Massey requested to amend the minutes of the December 17, 1994, Council meeting, item 6. to include his remark concerning the renaming of the CBD Loop in honor of Martin Luther King. Councilmembers Bolton and Massey requested to pull item B-1, and Councilmember Massey requested to pull B-6, B-13, and C-8 for discussion. Councilmember Bolton moved to approve the consent agenda with the exceptions of B-1, B-6, B-13, and C-8. After a second from Councilmember McBryde the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of December 19, 1994. Amendment made to the minutes. B. Approve the following Finance matters: 1. (Pulled for discussion) 2. Adopt Capital Project Ordinance Number 95-7 (Transit Capital 90.0158) This amendment makes some minor funding adjustments to properly classify funds awarded by FTA, NCDOT, County and the City. 3. Adopt Special Revenue Project Ordinance Number 95-10 (Transit Planning & Capital 90.2170 & 90.0170) The Federal Transportation Administration has awarded the City $136,000 for the annual transportation planning component (conducted through the Joint Planning Board and the Transit Department) and capital maintenance items such as engines and transmissions. Total project expenditures are estimated at $170,000, with $136,000 being provided by FTA, and the balance being provided by the State and the City. The City's local match ($17,000) is budgeted in the FY 1995 budget. 4. Adopt Special Revenue Project Ordinance Number 95-11 (GHSP-Booze It & Loose It) The Governor's Highway Safety Program has awarded the Fayetteville Police Department $14,268 for funding overtime costs for the "Booze It & Lose It" program. The general purpose of the program is to reduce the number of impaired drivers on North Carolina's roadways. There is no local match requirement on this grant. 5. Adopt Special Revenue Project Ordinance Amendment Number 95-4 (Transit Planning & Capital 90.2158 & 90.0158) This amendment makes some minor funding adjustments to properly classify funds awarded by FTA, NCDOT, County and the City. 6. (Pulled for discussion) 7. Adopt Special Revenue Project Ordinance Amendment Number 95-6 (Police - Watch Out Grant) This amendment appropriates $825 in additional funds from the NC Crime Commission for the Police Department's Watch out program to purchase equipment. An additional local match of $275 is required and will be provided by the Police Department with resources within their existing General Fund budget. 8. Adopt Budget Ordinance Amendment Number 95-11 (FMHA - Drug Elimination Grant) This amendment appropriates $175,000 awarded to the Police Department from the Fayetteville Metropolitan Housing Authority. The funds will be used to fund an additional three police officers (combined with the existing two for a new total of five) on patrol in designated housing areas. 9. Adopt Budget Ordinance Amendment 95-7 (Storm Water Utility Special Revenue Fund) This amendment will establish the FY 1995 budget for the Storm Water Utility Special Revenue Fund. The source of funds for the budget is a transfer in the amount of $359,398 from the General Fund. The funds will be used to reimburse the City's share of the Cumberland County NPDES interlocal agreement and salary and operating costs associated with establishing the Storm Water Utility System. The funds were included in the adopted General Fund budget and are more appropriately reflected in a Special Revenue Fund. 10. Adopt Budget Ordinance Amendment 95-8 (Metro-Visions-Chamber of Commerce) The amendment will appropriate the balance of the Council contingency account ($4,701), combined with other excess funds in Other Appropriations ($2,799), for the payment of $7,500 to the Chamber of Commerce for Metro-Visions. 11. Adopt Budget Ordinance Amendment 95-9 (Police-Donations) The Police Department has received donations exceeding the budget for FY 1995. This amendment anticipated $7,000 will be donated beyond the current budget during FY 1995. The appropriation of $7,000 will be used to fund programs specified by each donor and the balance will be placed in a contingency account until additional donations are received. 12. Adopt Budget Ordinance Amendment 95-10 (Recreation /Community Facilities-FCCYC) The Fayetteville/Cumberland County Youth Council has transferred the balance of their checking and saving accounts ($9,979) to the City's account. The transfer will enhance budgeting, purchasing and accounting function for the Youth Council. The funds will be used to purchase items such as supplies and equipment. 13. (Pulled for discussion) C. Approve the following PWC matters. 1. Approve bid award for purchase of one Backhoe Loader to Vause Equipment Company, Inc., low bidder in the amount of $42,185. Bids received were as follows: Vause Equipment Company, Inc. (Fayetteville, NC) $42,185.00 N. C. Equipment (Fayetteville, NC) $43,321.00 R. W. Moore (Raleigh, NC) $52,299.00 Gregory Poole (Raleigh, NC) $58,379.00 2. Approve bid award for purchase of seven (7) Type 9, Deadfront, Switching Cabinets to Rigby Electric Supply, low bidder in the amount of $167,013. Bids received were as follows: Rigby Electric Supply (Rocky Mount, NC) $167,013.00 Eastern Electric (Rocky Mount, NC) $168,014.14 Power Supply (Matthews, NC) $168,700.00 CED/Mill Power (Charlotte, NC) $169,470.00 Scott-Parish (Raleigh, NC) $294,230.02 3. Approve bid award for purchase of three (3) P/A-AT Operators for PMS Type 9 Switching Cabinets to Rigby Electric Supply, low bidder in the amount of $18,132. Bids received were as follows: Rigby Electric Supply (Rocky Mount, NC) $18,132.00 CED/Mill Power (Charlotte, NC) $18,300.00 Power Supply (Matthews, NC) $18,210.00 Eastern Electric (Rocky Mount, NC) $18,148.50 4. Approve bid award for purchase of six (6) 400A, 25KV, 3-PH Vacuum Sectionalizers to Joslyn Hi-Voltage Corporation, low bidder in the amount of $38,466. Bids received were as follows: Joslyn Hi-Voltage (Cleveland, OH) $38,466.00 CED/Mill Power (Charlotte, NC) $40,491.00 5. Approve bid award for purchase of six (6) Vacuum Sectionalizer Controls to Joslyn Hi-Voltage Corporation, low bidder in the amount of $23,334.00 Bids received were as follows: Joslyn Hi-Voltage (Cleveland, OH) $23,334.00 CED/Mill Power (Charlotte, NC) $24,564.00 6. Approve bid award for purchase of one Cab and Chassis with 90’ aerial lift and elevator lifting mechanism to Baker Equipment Engineering, low bidder in the amount of $183,815. Bids received were as follows: Baker Equipment Engineering (Richmond, VA) $183,815.00 LaFayette Ford (Fayetteville, NC) $187,030.00 Smith International (Fayetteville, NC) $189,908.15 Altec (Birmingham, AL) (did not meet spec) $176,806.00 7. Approve bid award for purchase of Cab and Chassis with 55’ aerial lift to Altec Industries, low bidder in the amount of $236,544. Bids received were as follows: Altec (Birmingham, AL) $236,544.00 Utility Supply (Charlotte, NC) $240,456.00 LaFayette Ford (Fayetteville, NC) $244,902.00 Baker Equipment Engineering (Richmond, VA) $247,539.00 Smith International (Fayetteville, NC) $258,235.29 Map Enterprises (Burlington, NC) $258,948.00 Teco (Fort Wayne, IN) (did not meet spec) $221,478.00 Bobby Murray Chevrolet (Raleigh, NC) (Cab&Chassis only) $108,839.00 8. (Pulled for discussion) D. Adopt Preliminary Resolution and notice of intent to close a portion of Eugene Road. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF EUGENE STREET. RESOLUTION NO. R1995-3. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. 2.B-1. Adopt Capital Project Ordinance Number 95-3 (Transit Capital 90.0170) Councilmember Blackwell asked for clarification of reference to Smart Start Van and the City's involvement in this. City Manager Smith said we are involved in contracting for transportation and this is pursuant to the grant awarded. The City match of $51,292 was included in the Operating budget that was approved and this simply transfers those funds from Operating into Capital budget. He said this is not new money, just a transfer of funds. Councilmember Massey asked for clarification on the shelters. He asked if these would be bus shelters for patrons' comfort and approximately how many shelters and buses would come from this expenditure. Mr. Massey said he has requested several times for a shelter on Pamalee Drive and Murchison Road, at the shopping center, and this has not been done. Mr. Smith responded the number of buses and shelters were in the budget presentation and he felt this particular shelter was on the location list recently submitted and should be placed soon. Mr. Massey stated that based on this information he will support the recommendation. Councilmember Blackwell moved to adopt item B-1, seconded by Councilmember Kendrick and carried unanimously. 2.B-6. Adopt Special Revenue Project Ordinance Amendment number 95-5 (Police - Controlled Substance Tax) Councilmember Massey asked if these funds could be utilized to assist in a Kids Watch program. Mr. Smith stated he is not sure how the money might already be earmarked, but will check into it. Councilmember Massey requested that staff check into acquiring funds for the Kids Watch program and moved to adopt the ordinance amendment as requested, seconded by Councilmember McBryde and carried unanimously. 2.B-13. Adopt Reimbursement Resolution (Police Department Building) Councilmember Massey asked if we are at a point where additional funds are needed for the new Police Department, even though the land acquisition is ongoing. City Manager Smith responded that we have purchased approximately one third of the property. He said this is a standard reimbursement resolution which allows us to proceed to spend funds and be reimbursed out of the financed funds. He said this is not an appropriation of money, but to allow us to spend money now and borrow later. RESOLUTION DECLARING THE INTENTION OF THE 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 (POLICE DEPARTMENT). RESOLUTION NO. R1995-2. Councilmember Blackwell moved to adopt the foregoing resolution, seconded by Councilmember Robertson and carried unanimously. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. 2.C-8. Approve bid award for purchase of six (6) substation voltage regulators to Scott-Parish Electrical Supply in the amount of $154,002. Councilmember Massey asked James Rose, PWC Support Services, how many bid requests were sent out. Mr. Rose responded that packets were sent to nine vendors and only one responded. He said there has only been a two percent increase in the same regulators that were purchased last year. Mr. Massey voiced his appreciation to PWC's manner of doing business and moved to award the contract as recommended, seconded by Councilmember Blackwell and carried unanimously. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the time limit of five minutes for public hearing speakers with a total of 15 minutes for those in favor and fifteen minutes for those in opposition, and of three minutes for non-public hearing speakers. A. Consideration of the rezoning from P2 Professional District to C1P Shopping Center District or to a more restrictive zoning classification for an area located at the southwest corner of the intersection of Pamalee Drive (U.S. 401 By-Pass) and Cain Road and being the property of Henry M. Tyson. (P94-182) This item was presented by planning staff Al Mitchell. He said they had sent another notice to those on the Planning Board's sign-up sheet and surrounding property owners that included the paragraph for signing up to speak to Council in error and apologized for any inconvenience. Mr. Mitchell said this item had been continued from the last Council meeting. The Planning Board recommended approval of the rezoning and the planning staff recommended denial and to remain P2. Councilmember Kendrick asked if this could be spot zoning in any way. Mr. Mitchell replied it would not be directly because we already are in a commercial situation with a P2, that it is just now what intensity Council wants to allow in the community in that particular area. He said from the Planning Board's point of view, the C1P Shopping Center is the appropriate intensity. Mayor Dawkins asked City Attorney Cogswell to explain why the public hearing was continued. Mr. Cogswell said a protest petition was filed and if it is valid, then that requires 3/4 of the actual membership of the Council to pass the ordinance. Mr. Cogswell said the church property had one signature of a trustee and he needed documentation from them that this was the only authorized person to sign for the church, but has not received that documentation as yet. He said this means that the protest petition is not valid. This will take a simple majority for a first reading to approve the rezoning. Mr. Cogswell said he had recommended continuance of the public hearing to get verification of this signature on the protest petition and because a Councilmember was absent and would be present for the public hearing in case it took two readings. Mr. Cogswell also took the position that the sign up sheet and the protest petition be frozen to make it fair for both sides. He said some of the individuals that received the letter from the Planning Department and wanted to sign up were listed in the minutes of the Planning Board's public hearing with their comments. Councilmember Massey referred to a copy of a letter on the church stationery giving permission to the designee of the church. Mr. Cogswell said he received a copy of the same letter and that is what prompted him to ask for the minutes from the church giving this designation. He was informed that they would not provide the minutes giving this designation. Mayor Dawkins ruled the protest petition invalid upon Mr. Cogswell's information and recommendation. Councilmember Cheek said she feels this is not fair to both sides and the public hearing should have been held when it was scheduled. She said if she voted to continue and freeze the sign up sheet, she voted in error. There was discussion concerning allowing the public to speak because of the letter that was sent out with the sign-up information in error and Mr. Cogswell advised he felt there would be a problem if Council changed their ruling of the last meeting and did allow others to speak on this matter, in that someone could challenge it legally. Councilmembers Cheek and Blackwell said they wanted to cancel this public hearing and re-advertise for a new public hearing. Mayor Dawkins asked for those present who wanted to speak in favor and there were four to raise their hand. Both, Mr. Tyson, the property owner, and Mr. Gillis, the applicant, waived any defect by allowing anyone to speak in favor or opposition provided the maximum time limit was fifteen minutes to each side. Mayor Dawkins asked those who wished to speak to sign-up with the clerk and each side would have fifteen minutes. The public hearing was opened at 8:02 p.m. and speaking in favor was John D. Gillis, II, 7236 Raeford Road. He said this is a logical extension of this type zoning that is already present. He read from a letter from Ike O'Hanlon, who is in favor of this rezoning. Mr. Gillis said the residents most affected by this rezoning told him they were no longer opposed, which included the pastor of the church. Clinton Harris, 4713 Watauga Drive, spoke in favor because of the history of this area. He said when Council widened Cain Road it totally changed the use of that property. He cited the lot shown as # 3 on the map, at the same intersection that had requested a zoning other than P2 in the past. Mr. Harris concluded by asking to consider C1P for this property. Speaking in opposition was Henry R. Beau, 1316 Everglade Drive. He said he is not trying to block development of this property, but wants P2 and not commercial. He said he feels it is spot zoning and would be contract zoning if it is rezoned commercial. There were approximately 20 people to stand in opposition to this rezoning request. Brian Carter, 2019 Forest Hill Drive, said he was not opposed to P2, but commercial brings in more traffic and the uses in commercial would not service this community. Mason Gallagher, 2106 Forest Hill Drive, said he feels this is a dangerous intersection. He said there have been several accidents there and these would increase along with crime in the area if it is rezoned commercial. Willis Britt, 1308 Everglade Drive, concurred with Mr. Gallagher and added that they are in the majority and Council should consider the residents. Al D. Jones responded to Mr. Harris' remark by saying they owned the lot shown as # 3 on the map and they never asked for anything but P2 zoning for that land, because they intended to do nothing but put their real estate office there. Mr. Jones said this is not a safe intersection and gave statistics of accidents at this intersection since 1991. Harold McNeill, 1512 Woodberry Lane, said he feels the commercial zone would create more accidents and feels the residents should be considered. Speaking in rebuttal, Mr. Gillis disagreed with the effect this would have on the neighborhood. He feels this would be a good thing for this community. Also speaking in rebuttal, Mr. Harris said he is sure this property was for up to more than a P2 zoning in the past. There being none further to speak on this matter the public hearing was closed at 8:34 p.m. Councilmember Bolton moved to deny the rezoning request, seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Ross voting in opposition. B. Consideration of the rezoning from R10 Residential District to P1 Professional District or to a more restrictive zoning classification for an area located at 1950 Owen Drive and being the property of Joy Dees and Gary Lee Pitts as evidenced by deed recorded in Deed Book 3607, Page 539, Cumberland County Registry. (P94-164) Planning staff Al Mitchell presented this item. The Planning Board recommends denial of the P1 professional district and approval of R5 a residential district. This is the advertised public hearing. Councilmember Cheek asked if this could be spot zoning. Mr. Mitchell said staff would not consider it spot zoning because it would be in accordance with the plans that they can see for that area. The City Attorney said it would not be spot zoning because of the transitional area. The public hearing was opened at 8:50 p.m. and speaking in favor was Mr. Stacy Weaver, representing Dr. and Mrs. Sighian, who had a purchase contract if it is rezoned for P1 use. He said the increased traffic on Owen Drive has made the character of the area no longer suitable for a residence. The owners have tried for eight years to market this property for residential. Mr. Weaver said this area is primarily medically oriented and an office there would not create any more traffic than is already there. The entrance to this property would be on Owen Drive and anyone cutting through Fargo Drive, Nato Road and Phillie Circle would be going out of their way. Those speaking in opposition were Katherine Kearney, 3113 Phillie Circle, Mary Winfree, 309 Phillie Circle and Conrad Swick, 3119 Nato Road. The reasons given for the opposition were heavier traffic, concern for safety, and preservation of the neighborhood. Mr. Weaver spoke in rebuttal saying that Owen Drive is no place for a residence and a medical office would enhance not hurt the neighborhood. He concluded that this rezoning would not be a threat to the neighborhood. Councilmember Kendrick moved to deny the rezoning, seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Ross in opposition. 4. Consideration of adoption of fee schedule for 9-1-1 tape recording searches. This item was presented in the agenda packet with a recommendation for adoption of the fee. Please Note: To view the 9-1-1 Tape Recording Searches Schedule, please see the printed copy of the City of Fayetteville Meeting Minutes. Councilmember McBryde moved to adopt the foregoing fee schedule, seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Robertson voting in opposition. 5. Consideration of Purchasing Contract & Waiver of Performance Bond for Ball Field Lighting Equipment to Musco Sports Lighting, Inc. in the amount of $30,000. City Manager Smith recommended awarding of the contract and waiving the performance bond requirement because this company has proven to be a reliable vendor and they have such a short shipment time he said it would cost over $2,000 for the performance bond. Councilmember Bolton moved to award the contract and waive the performance bond requirement as recommended, seconded by Councilmember Kendrick and carried unanimously. 6. Consideration of Purchase Contract for Railroad Crossing Material from Omni Products, Inc. in the amount of $52,875. City Manager Smith said this is a sole source and recommended awarding the contract. Councilmember Blackwell moved to award the contract as recommended, seconded by Councilmember Cheek and carried unanimously. 7. Consideration of adoption of Ordinance to establish No Parking in the Cape Fear Valley Medical Center Area. Councilmember McBryde moved to table this item until another meeting with the area businesses, seconded by Councilmember Bolton. There was discussion concerning the parking situation on the streets and in the lots, as well as at the hospital. Also concerning the procedures for sending the notices to the area businesses. Mayor Dawkins called for a vote on the motion and it carried unanimously. 8. Consideration of request from Councilmember Breeden Blackwell to discuss special requests from outside agencies in the FY95-96 budget. Councilmember Blackwell moved to adopt a policy to require outside agencies requesting funding from the city to provide documentation of monies acquired in the past year and efforts made. The motion was seconded by Councilmember Massey. Following discussion, the motion passed unanimously. 9. Consideration of request from Councilmember Mark Kendrick to discuss Travel Policy. Councilmember Kendrick moved to refer to the Policy Committee the Travel Policy concerning Councilmembers. The motion was seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Ross in opposition. Councilmember Massey moved to refer to the Policy Committee a Policy on reporting back to Council upon return from conferences and workshops. The motion was seconded by Councilmember Blackwell and carried unanimously. 10. Consideration of request to adopt resolution for Amtrak to continue service in Fayetteville on the Palmetto. This item was presented in the agenda packet with a recommendation for adoption of the resolution. RESOLUTION REQUESTING THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) TO CONTINUE PASSENGER SERVICE TO FAYETTEVILLE VIA THEIR PALMETTO TRAIN. RESOLUTION NO. R1995-4. Councilmember Bolton moved to adopt the foregoing resolution, seconded by Councilmember Kendrick. Councilmember Blackwell offered a friendly amendment to add to this resolution about the large amount of money spent to renovate the AMTRAK station recently. This was accepted and the vote was unanimous to adopt the resolution. Councilmember Cheek moved to adopt another resolution requesting the Board of Transportation to assist in our efforts to continue receiving this service. The motion was seconded by Councilmember Kendrick and carried unanimously. RESOLUTION REQUESTING THE NORTH CAROLINA BOARD OF TRANSPORTATION TO REQUEST THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) TO CONTINUE PASSENGER SERVICE TO ALL NORTH CAROLINA CITIES CURRENTLY RECEIVING VIA THE PALMETTO TRAIN. RESOLUTION NO. R1995-5. Copies of the foregoing resolutions are on file in the clerk's office in Resolution Book R1995. 11. APPOINTMENTS: A. Nominations to fill two vacancies on Appearance Commission. There were no nominations to the Landscape Category to fill an unexpired term to December 1995. Councilmember Blackwell nominated Mr. Billy Cashion to the Architect category to fill an unexpired term to December 1995. B. Nominations to fill one vacancy on Redevelopment Commission. There were no nominations. C. Nominations to fill one vacancy on Wrecker Review Board. Councilmember Blackwell nominated Mr. Donnie Egan to fill the unexpired term of Chairman to October 1995. D. Nominations to fill one vacancy on NC Fireman’s Relief Fund. Mr. J. H. Kyle, Jr. was elected for a second term. 12. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of October, 1994, from the Cumberland County Tax Collector in the amount of $7,353,196.38. INFORMATION ITEMS: 1. City Council meeting with Cumberland County Legislative Delegation. 2. Public information meeting regarding neighborhood traffic operation concerns. 3. Thank you letter from J. Ernest Johnson, Highland Presbyterian Church. 4. Inspections Department - activity report on lot cleaning and minimum housing actions. 5. Inspections Department - status report on Lucas Street ditch. 6. Status of Spot Safety Work Orders from NC DOT. 7. Senior Citizens Advisory Commission - minutes of December 13, 1994. 8. FACVB - minutes of December 8, 1994. 9. Human Relations Commission - agenda for January 12, 1995. 10. Planning Board - minutes of December 21, 1994. 11. Police Department - monthly report for December, 1994. Councilmember Cheek referred to the information item no. 2. concerning the public information meeting regarding neighborhood traffic concerns. She asked in what manner these would be publicized and what areas of traffic concerns that were being considered. Traffic Engineer Louis Chalmers responded that they have put up large signs in the areas and the Van Story Hills landowners association is working with them by sending out a notice with their regular newsletter. He said one item of concern is intersections and another is parking and traffic around the schools. Councilmember Cheek requested that the Morganton and Cliffdale Road intersection upcoming changes be included in these meetings. Councilmember Kendrick requested that everyone who signed the petitions for four way stops to be sent a notice of these public meetings. Councilmember Blackwell referred to information item 4. and 5. and wanted to commend the Inspections Department for the work that they have done in cleaning up these areas. At this time Mayor Dawkins commended Councilmember Cheek for her work in the recent recognition of Senator Lura Talley at Methodist College. Councilmember Bolton requested to be excused from the special meeting with the legislature on Friday. Councilmember Kendrick moved to excuse Councilmember Bolton from the special meeting on Friday and to excuse Councilmember McBryde from the information meeting. The motion was seconded and carried unanimously. There being no further business the meeting was adjourned upon motion and second at 10:15 p.m. INFORMATION MEETING JANUARY 23, 1995 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER JANUARY 23, 1995 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Milo McBryde (at-large); Ida Ross (District 2) Others Present: John Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Kay Nelson, Finance Director Janice Gerald, Community Development and Housing Manager Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Councilmember Robert Massey offered the Invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor J. L. Dawkins informed Council he had attended the funeral of Dr. G. Wesley Allen, a prominent Fayetteville citizen. Mayor Dawkins expressed his sympathy to the Allen family and stated that Mr. Allen would be missed in the community. 1. APPROVAL OF AGENDA Councilmember Robertson moved to approve the agenda, seconded by Councilmember Massey and carried unanimously 7 to 0. 2. Presentation regarding the City’s housing initiative as a partner with the Fayetteville Banking Community. Assistant City Manager Ben Brown presented this item. He explained that in order to accomplish one of Council's 94-95 Budget Goals, the staff felt a partnership with the Banking community and others participating in this housing coalition was timely. Mr. Brown proposed to use the allocated $40,000 in the current year’s budget to assist in providing down payment assistance in the form of deferred loans up to a maximum amount of $3,000 per city resident applicant. He stated that details are being worked out and will be coordinated with the City Attorney and Finance Director. Mr. Brown introduced Susan Winstead, Community Investment Coordinator, Nations Bank. Ms. Winstead explained the Cumberland Housing Coalition concept; this idea involves developing an ad hoc organization comprised of key influences in the housing market in Cumberland County which will bring together the means to market, educate, counsel and finance qualified applicants throughout the county. Ms. Winstead explained that the lending decisions would be handled by the banks with a recommendation being made to the city for the participants who qualified for a deferred loan from the city funds. A discussion ensued. Councilmember Bolton requested that the City of Fayetteville be included in the organization's name. He felt the city should receive credit for its participation in the program. Councilmember Kendrick asked if the loan would be limited to current citizens of the City of Fayetteville or would it apply to a county resident who bought within the city. Councilmember Robertson inquired as to the interest rate and payment schedule of the deferred loans. City Manager John Smith explained that all of the operational details had not been completed at this time and a final plan would be submitted at a later date. 3. Consideration of rescission of action taken on January 17, 1995, regarding the closing of a portion of Eugene Street. Resolution No. R1995-003. 4. Consideration of adoption of preliminary resolution and notice of intent to close a portion of Eugene Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF EUGENE STREET. RESOLUTION NO. R1995-006. The action taken by City Council on Tuesday, January 17, 1995, set a public hearing on the closing of Eugene Street for Monday, February 27, 1995. The appropriate date for this action is March 6, 1995, the first regular meeting for the month of March. City Manager, John Smith, recommended the rescission of the Council's action of January 17, 1995, (Resolution No. R1995-003) and approval of the Resolution No. R1995-006. Councilmember Bolton moved to rescind Resolution No. R1995-003 and to approve Resolution No. R1995-006, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1995. 5. Consideration of adoption of City Council goals for FY 95-96. City Manager John Smith presented this item for discussion and consideration. A discussion followed with Councilmember Cheek requesting that the following additions be made to Section VI Fiscal. 3. Continue to explore cost effective methods for providing services to include privatization and competitive bidding. 4. To evaluate program and services for the most effective method by use of: a. Cost versus utilization b. Cost versus beneficial impact c. Cost versus other high priorities of the City Councilmember Bolton expressed his belief that the economic development section was overweighted for the downtown area and he felt other areas needed to be included. Councilmember Massey expressed his support for Councilmember Cheek's additions and expressed his belief that public safety should still be a priority. Councilmember Kendrick moved to approve the City Council's Goals and Objectives for 1995-1996 with the two additions offered by Dr. Cheek, seconded by Mayor Pro Tem Blackwell and carried unanimously 7 to 0. The Council Goals and Objectives are as follows: 1995-96 CITY COUNCIL GOALS AND OBJECTIVES I. Economic Development 1. City Council recognizes that downtown development is a vital part of any overall economic development program. The City Council also recognizes that resources are limited and that resources applied to downtown development by the City need careful analysis in order to maximize their impact. 2. City Council will seek substantial private participation in any public\private investment in downtown. 3. City Council will take the necessary steps to promote a joint utilities service center downtown. 4. City Council will seek to use the county as a partner in downtown investment. 5. City Council will seek economic development opportunities in the areas immediately adjacent to the “downtown.” 6. City Council will update its plans and strategies for downtown development. 7. City Council will direct the planning staff to investigate expansion of the MSA into surrounding counties. 8. City Council reaffirms its commitment to the enterprise community plan and will instruct staff to implement the plan with or without federal assistance. 9. City Council will work with developers in putting together developments that serve the economic needs of the community. II. Urban Area Infrastructure 1. City Council will consider adoption of development regulations that require the land set-asides and/or impact fees for recreational use. 2. City Council will establish a capital fund for parks and open space acquisition and development. 3. City Council will take action to develop the greenway system. 4. City Council will consider strategies to combine parks with other public uses, such as fire stations, police sub-stations and schools. 5. City Council will ask the Parks and Recreation Advisory Commission to develop an action plan for serving areas proposed for annexation which integrates the city and county programs and resources. 6. City council will hold a meeting on February 13, 1995, to hear a report from the Stormwater Management Task Force. 7. City Council will explore the expansion of transit services throughout the urban area, beginning with the recently annexed areas. 8. City Council will act to improve railroad crossings. 9. City Council will act to improve pedestrian safety throughout the city. 10. City Council will support the reasonable extension of water and sewer into unincorporated areas of the county. III. Public Safety 1. City Council will continue to lobby the state for improvements in the criminal justice system, i.e. prison space, longer incarcerations and better rehabilitation programs. 2. City Council will encourage the County Commissioners to proceed with expansion of the county jail facilities. 3. City Council will continue to strongly support efforts to eliminate drugs from neighborhoods by closing drug houses and businesses that encourage crime and drug related activities, and to strongly support aggressive housing code enforcement. 4. City Council will lobby the General Assembly through the NCLM to enact laws to prohibit driving under the influence of illegal substances, and to enact laws that allow the use of appropriate technology for enforcement. 5. City Council will explore other means of dealing with the problems of youth including a youth partnership against crime program as well as offering the state of North Carolina a site for a youth offender “boot camp.” IV. Planning 1. City Council will provide funding for the “Metro-vision” process and evaluate annually. 2. City Council will meet with the city appointees to the Planning board to establish a planning work program for the year. 3. City Council will ask for a report each quarter from the four city representatives on the Planning Board on the progress on the work program. V. Appearance of the City 1. City Council will take necessary action to ensure that maintenance of city rights-of-way stays at the level it was during the NCLM Convention. 2. City Council will adopt a new landscape ordinance that responds to citizen needs and gives Inspection Department staff sufficient flexibility to make requirements appropriate to each site. 3. City Council will adopt a new sign ordinance and will consider more restrictive regulation of miscellaneous signs such as political and other temporary signs. 4. City Council will review a list of all properties condemned during the past two years. 5. City Council will continue to strongly support the Inspection Department’s enforcement of the vacant lot ordinance. VI. Fiscal 1. City Council will review user fees to ensure that they cover appropriate costs and provide adequate revenues. 2. City Council will adopt a budget without increasing the property tax rate. 3. City Council will continue to explore cost-effective methods of providing services including privatization and competitive bidding. 4. City Council will evaluate programs and services to determine the relation of cost verses utilization. VII. Other 1. City Council will devote time during an information meeting each quarter for a citizen forum. 6. Discussion of policy of funding regarding outside agencies. City Manager John Smith presented the following amendment to Policy #135.1, Outside Organization Funding: Paragraph III: Application A. Add the following: Along with the proposed budget the agency must submit a statement of previous funding sources, as well as funding sources for the fiscal year for which funding is requested in such detail as may be required by the city manager. Mayor Pro Tem Blackwell moved to approve the amendment to City Council Policy #135.1, seconded by Councilmember Robertson. A discussion followed. Mayor Pro Tem Blackwell stated his intent was that an organization must show some initiative to obtain funds on their own behalf in order to qualify for city monies. Councilmember Kendrick stated he did not feel the addition as written allowed the policy to be uniform for all agencies. Councilmembers Massey, Cheek, and Bolton expressed their support for the addition as is. Councilmember Kendrick requested that it go back to staff for further clarification. Mayor Dawkins called for a vote. The motion carried by a vote of 6 to 1 with Councilmember Kendrick in opposition. 7. Discussion of location of Department of Social Services Building. City Manager John Smith presented this item. He informed Council Mr. Marvin, the recently-hired downtown Consultant, had informed Mr. Strassenburg by letter that he felt public facilities such as the Social Services building should be located downtown, but he did not feel he could fast-track this kind of study on a site location for the Social Services building. Councilmember Bolton stated the county had already bought the property on Ramsey Street. A discussion ensued. Mayor Pro Tem Blackwell moved that the following motion be sent to the County Commissioners via the County Manager: To instruct the City Manager to communicate with the County Manager before tomorrow night's agenda item on the Commission's agenda which concerns the location of the Social Services building to let the Commission know at least to let the Manager know we have had a discussion tonight and we ask one more time to let the planning process take place and that they consider delaying their decision for at least four months to allow the process to come back with some idea on the location of Social Services, seconded by Councilmember Robertson. The motion carried by a vote of 4 to 3 with Councilmembers Bolton, Kendrick, and Massey in opposition. INFORMATION ITEMS: 1. Memo from Councilmember Cheek regarding nominee for Appearance Commission. 2. Joint Planning Board - minutes of December 20, 1994, and January 3, 1995. There being no further business, Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously. The meeting was adjourned at 9:00 p.m. REGULAR MEETING FEBRUARY 6, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 6, 1995 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Nat Robertson (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John Smith, City Manager Roger Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Al Mitchell, Planning Department Mike Walker, City Engineer Robert Barefoot, Recreation/Community Facilities Director Sandy Saunders, Chairman Parks and Recreation Advisory Commission Steve Blanchard, PWC Manager Mick Noland, PWC Water/Sewer Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Rev. Garfield Warren, College Heights Presbyterian Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA Councilmember Cheek requested to add to item 17., the discussion of setting a meeting with the Planning Board as well as the County Commissioners. Councilmember Bolton moved to approve the agenda with the change, seconded by Councilmember Blackwell and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. There being none, Councilmember McBryde moved to approve the consent agenda. After a second from Councilmember Robertson, the consent agenda and following items were unanimously approved: A. Approve minutes of regular meeting of January 3, 1995. B. Approve minutes of special meeting of January 9, 1995. C. Approve minutes of regular meeting of January 17, 1995. D. Approve minutes of information meeting of January 23, 1995. E. Approve the following Finance Matters: (1) Adopt Capital Project Ordinance Number 95-4 (FY 1995 General Public Improvements) The ordinance creates a project fund in the amount of $2,000,000 for various transportation improvements including the FY1995 annual street resurfacing program and necessary funds for annexation infrastructure improvements. (2) Adopt Capital Project Ordinance Amendment Number 95-8 (FY 1992 General Public Improvements) This amendment recognizes $37,383 in additional revenue available to the project. The funds will be used, in part, to acquire the material for the railroad crossing improvements at Gillespie/Russell and Hay/Ray streets. (3) Adopt Capital Project Ordinance Amendment Number 95-9 (Parking Improvements) This amendment recognizes additional revenue available for parking/demolition improvements in the downtown area. The additional revenues available for this project originated from the Parking and Central Business District Funds prior years fund balances. F. Approve award of construction contract for resurfacing streets on Bond List to Crowell Construction Inc., low bid in the amount $470,583.60. Bids received were as follows: Crowell Construction A $390,650.00 B $ 28,206.00 C $ 51,727.60 $470,583.60 Barnhill A $405,991.00 B $ 36,694.25 C $ 44,166.00 $486,851.25 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the time limit of five minutes for public hearing speakers with a total of 15 minutes for those in favor and fifteen minutes for those in opposition, and of three minutes for non-public hearing speakers. A. Consideration of adoption of a resolution requiring the paving without petition of: City Manager Smith presented this item. He said these streets are the first group of soil streets under the bond program. After these streets are paved and the assessment role adopted, low income home owners may apply for CDBG Funds to cover the cost of assessment. This assistance will not be available for absentee land owners or home owners who do not meet the criteria for Community Development assistance. This is the advertised public hearing. (1) Seminole Street from Goins Drive to cul-de-sac. The public hearing was opened at 7:13 p.m. There was no one to speak in favor and speaking in opposition was David E. Bedtelyon, 2122 Seminole Street. He said he had the signatures of four of the six land owners requesting Council leave the street as is or strip pave the street. Mr. Bedtelyon owns two lots of 180 feet each and it would cost $3,600 for his assessment. He said the area is zoned commercial and he would have to sell the land and his house in order to pay for the assessment. City Manager Smith said Mr. Bedtelyon is the only land owner that lives on the street and recommended that, at this time, this street be removed from the paving list. Councilmember Kendrick moved to remove Seminole Street from the paving list, seconded by Councilmember McBryde and carried unanimously. (2) Thad Street from Neville Street to Ingram Street. Mr. George Tyler, 3520 Bennett Drive, appeared before Council in favor, saying that he is representing the family of the late Charles E. Perry, property owners on Thad Street. He said they are in favor of the paving, however, they want it paved all the way to the end of the street, to Brinkley Street, otherwise it would appear as a dead end street. City Manager Smith said they would process this for another paving project and could only consider the portion as advertised. Mayor Pro Tem Blackwell moved to include Thad Street on the paving list, seconded by Councilmember Robertson and carried unanimously. (3) Autry Street from Neville Street to end of pavement "Tee". Mr. Claudie K. Williams, 1100 Torrey Drive, asked Council to pave the entire street from Neville to Brinkley, which would be only about 200 feet more to the end of the street. Mr. Williams said there was no water or sewer on this street and asked if they would come back after paving and tear the street up to put water and sewer in. City Manager Smith explained that these streets on this list were already designed and there would be many, many more streets to come before Council's paving consideration. Mr. Smith recommended that the advertised portion be paved and staff would investigate the remainder of these streets. Mr. David Stouther, 508 Santa Fe Drive, said he had the same comments that Mr. Williams had just made. Councilmember Bolton moved to include Autry Street on the paving list, seconded by Councilmember Kendrick and carried unanimously. (4) Eunice Drive from Law Road to end of pavement "Tee". Mr. James Smith, 222 Eunice Street, said he was not against paving, however, he is against the easement taking 75 feet of their yards. He said he has a deed showing the city does not own the land. Mr. Smith said that years ago there had been a gentlemen's agreement between his grandfather and the neighbor across the street, that if a road was ever put in, each side would give equally. He said nothing was ever done about the agreement and now the city is going to take all of the easement from one side of the street. Mr. Smith said the school bus will not be allowed to come down their street, even after it is paved, because it is a dead end street, so he will not benefit from that. City Manager Smith stated that staff had checked that street out and it could be moved over 6 feet to the east side, which should help part of the problem. City Attorney Cogswell responded to the question of the deed and said from what he has seen, he is satisfied that the city has the right-of-way. He said Mr. Smith could bring action from inverse condemnation. Mr. Cogswell said he has only seen a quitclaim deed. Apparently a document withdrawing the application was never filed at the courthouse. Councilmember Cheek said that since we will be checking into cul-de-sacs, she moved to continue this matter for four weeks to give the real estate staff a chance to check on this and a possibility of making it a street with a cul-de-sac. The motion was seconded by Mayor Pro Tem Blackwell and carried unanimously. (5) Joyce Street from Slater Avenue to cul-de-sac. There was no one to speak in favor of this item. Mr. Cam Easton appeared in opposition for Mr. Rhudy Phillips, 2410 Murchison Road, who is out of town. Mr. Easton said he is Mr. Phillips appraiser. This is a 20 foot wide street with three houses. He said the cul-de-sac will take up part of the parking area of Mr. Phillip's property and he will be assessed for curbing. Mr. Easton said this paving would actually decrease the value of Mr. Phillip's property. Mr. Easton distributed pictures of the area. City Manager Smith said when the paving is done, the property owners can get appraisals to determine if their property has depreciated in value. Councilmember Bolton moved to leave the street as is unless it can be done with cul-de-sac. Councilmember Cheek seconded the motion. Following some further discussion, Mayor Pro Tem Blackwell moved to come back with a new design for Joyce Street in four weeks, seconded by Councilmember Massey and carried unanimously. (6) Shadbush Lane from Deep Creek Road to cul-de-sac. There were none to speak in favor or opposition. Mayor Pro Tem Blackwell moved to include this street on the resolution for paving, seconded by Councilmember Bolton and carried unanimously. (7) Kornbow Road from Lakeland to end of pavement "Tee". There were none to speak in favor or opposition. Mayor Pro Tem Blackwell moved to include this street on the paving resolution, seconded by Councilmember Bolton and carried unanimously. (8) Nicky Avenue from Jasper Street to cul-de-sac. There were none to speak in favor or opposition. Mayor Pro Tem Blackwell moved to include this street on the resolution for paving, seconded by Councilmember Bolton and carried unanimously. (9) Sherrerd Avenue from Kirkland Drive to Brainerd Avenue. There were none to speak in favor or opposition. Councilmember McBryde approve this street for the street paving resolution. (10) Christian Street from Deep Creek Road to Maxwell Street. There were none to speak in favor. Speaking in opposition was Mr. Ernest Smith, 3305 Lake Bend Drive. He said the city has offered him only $90 for his right-of-way, which is not in line with the assessment figure of $500 that he will have to pay. City Manager Smith said the transaction for acquiring the right-of-way and for assessments following pavement are different. There being none further to speak the public hearing was closed at 8:06 p.m. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF THAD STREET, AUTRY STREET, SHADBUSH LANE, KORNROW ROAD, NICKY AVENUE, SHERRERD AVENUE AND CHRISTIAN STREET. RESOLUTION NO. R1995-7. Councilmember McBryde moved to adopt the foregoing resolution, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. Councilmembers Cheek and Kendrick requested more information in the future on street pavings, such as the length and the width of the streets, the number of property owners (houses) and if they have existing utilities. At this time Mayor Dawkins recognized his son-in-law, Jim Caison and his daughter Dawn Caison in the audience, as well as Janine Calcott and Councilmember Mark Kendrick's wife Sharon, as being present and welcome to tonight's meeting. 4. Consideration of the rezoning from R5 residential district to C3 heavy commercial district or to a more restrictive zoning classification for an area located at 605 and 609 Humphrey Lane and being the property of Toni Andrea Thompson. (Fayetteville Ordinance) Case No. (P94-190). Al Mitchell, Assistant Planning Director, presented this item with a recommendation from the Planning Board for approval of the rezoning request and a staff recommendation of rezoning to P2. Councilmember Bolton moved to follow Planning Board's recommendation for approval of the C3 rezoning, seconded by Councilmember Massey. Councilmember Cheek said this is an established residential area and would not like to see it rezoned commercial. Councilmember Torrey agreed with Mrs. Cheek. Councilmember Kendrick stated that because of the new study of the McIver Street area to be done by the Planning staff at the Planning Board's request, he feels that this area should be left as is until after this study is done. Councilmember Massey said because of this information he would respectfully withdraw his second to the motion and the motion died for a lack of a second. Councilmember Ross moved to set a public hearing for March 6, 1995, seconded by Councilmember Mayor Pro Tem Blackwell and carried unanimously. 5. Report from the Buildings and Properties Committee. Councilmember Bolton, Chairman of this Committee, reviewed the progress to date on the proposed building for the police department. Mr. Bolton said the recommended action is to accept the site plan and preliminary design and refer this to the Olde Fayetteville Association, Appearance Commission and Historic Resource Commission for comment. He introduced the architect, Mr. Dan McMillan. Mr. McMillan displayed drawings of the layout of the complex floor plan. He said they would need to close Pittman Street to build the lobby between existing City Hall and the proposed complex and there would be a need to tear down the Carolina Theatre; however, he feels they can some of the artifacts to display in the lobby. Mr. McMillan introduced Mr. Ronn Babin and Mr. Barry Nebitt of the McMillan-Ellinwood Firm who assisted him in the presentation. Following this presentation, Councilmember Bolton moved to accept the site plan and preliminary design, and referred to Olde Fayetteville Association, Appearance Commission and Historic Resource Commission for their comments. The motion was seconded by Councilmember Kendrick. Councilmember Robertson said the amount that was allotted for this project was between $4 and $5 million and has increased to $6.5 to $7 million and he is not willing to approve the increase. Mayor Dawkins asked Mr. Smith for an explanation on the cost of this project. Mr. Smith said approximately three years ago, $9 million was transferred from PWC for city projects. The police department project did not have any cost estimates until we received the concept plan. He said the money that was set aside three years ago was just a guess at what it might cost. Some of the funds that were set aside have been used for other projects and some of the funds will be used to purchase the property, then the construction portion will be financed. There was discussion, which included the cost of furnishings. Mr. Smith said furnishings were not included in the cost, but they would be moving most of the furniture from the old building. Councilmember Cheek requested Councilmember Bolton make his motion into two separate motions so she could vote against the concept but in favor of sending it to the committees, because she wanted the committee's input before making a final decision on the concept and plan. Councilmember Bolton declined to change his motion because he hoped Council would have a response within 30 days, specifically at the March 6, 1995, meeting from the committees. Following further discussion, Mayor Dawkins called for a vote and it carried 7 to 2 with Councilmembers Robertson and Ross opposed. 6. Consideration of adoption of the City of Fayetteville, North Carolina Amended Sewer Use Ordinance (Chapter 31, Article 2 of the Fayetteville City Code). PWC staff Mick Noland presented this ordinance amendment with the recommendation form PWC's commission for adoption of the ordinance. AN ORDINANCE AMENDING CHAPTER 31, ARTICLE 2- FOR USE. ORDINANCE NO. S1995-1. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1995. 7. Consideration of approval for the following low bid awards (PWC). This item was presented in the agenda packet with a recommendation for awarding of the contracts as follows: (1) Approve bid award for purchase of 150,000’ of 4/0 AL URD Triple Cable to Eastern Electric Supply, Inc., low bidder in the amount of $145,500.00. Bids received were as follows: Eastern Electric Supply, Inc. (Rocky Mount, NC) $145,500.00 Rigby Electric (Rocky Mount, NC) $158,811.00 Power Supply (Matthews, NC) $179,500.00 WESCO (Raleigh, NC) $188,700.00 Power & Telephone (Nashville, TN) $192,646.50 (2) Approve bid award for purchase of one cab and chassis with tire service body to Lafayette Ford, low bidder in the amount of $41,416.20. Bids received were as follows: LaFayette Ford (Fayetteville, NC) $41,416.20 Smith International (Fayetteville, NC) $49,041.08 State Contract: Capital Ford (Raleigh, NC) $22,932.59 (3) Approve bid award for purchase of one 30,000 lb. GVW Dump Truck to LaFayette Ford, low bidder in the amount of $39,789.00. Bids received were as follows: LaFayette Ford (Fayetteville, NC) $39,789.00 Smith International (Fayetteville, NC) $44,758.04 (4) Approve bid award for purchase of four (4) 15,000 lb. GVWR Cab and Chassis to Lafayette Ford, low bidder in the amount of $84,938.80. Bids received were as follows: LaFayette Ford (Fayetteville, NC) $ 84,938.80 State Contract: (Capital Ford, Raleigh, NC) $ 95,381.32 Smith International (Fayetteville, NC) $120,393.44 (5) Approve bid award for purchase of one cab and chassis with crew cab to Lafayette Ford, low bidder in the amount of $38,528.00. Bids received were as follows: LaFayette Ford (Fayetteville, NC) $38,528.00 State Contract:(Vic Bailey Ford, Spartanburg, SC) $39,619.00 Smith International (Fayetteville, NC) $43,858.34 (6) Approve bid award for purchase of three (3) 12-ton tilt bed equipment trailers to N.C. Equipment Company, low bidder in the amount of $ 22,749.00. Bids received were as follows: N.C. Equipment (Fayetteville, NC) $22,749.00 Southland Rentals (Fayetteville, NC) $25,720.00 Vause Equipment (Fayetteville, NC) $29,247.00 Councilmember Bolton moved to award the foregoing bids as recommended, seconded by Councilmember McBryde and carried unanimously. At this time Mayor Dawkins reminded everyone of the joint meeting with Council and Greenways Study Committee on February 13, 1995, at 5:30 p.m., in the City Hall, third floor conference room. 8. Consideration of recommendation from the Parks and Recreation Advisory Commission regarding Swimming Facilities. Chairman of the Parks and Recreation Advisory Commission Sandy Saunders presented this item with a recommendation from the commission to have the city build a small neighborhood pool at Seabrook and purchase the 30 acre Lake Pines Facility as a regional park and swimming facilities. He said both projects could be accomplished within a $1 million budget if we can obtain some federal funding. There was some discussion. Councilmember Torrey moved to check into all resources for assitance in funding the small neighborhood pool at Seabrook and purchasing the Lake Pines Facility. The motion was seconded by Councilmember Ross and carried unanimously. 9. Consideration of request to address City Council from Charles C. Mathews, regarding repavement of Hillendale West for 1995. Charles C. Matthews, 3618 Tindall Court, Hillendale West, said the streets in that area have had pot holes repatched three times and he is requesting Council to pave these streets this year. City Manager Smith responded that these streets will be on the top of the resurfing list submitted for this year, because they were a carry-over from last year's repaving list. 10. Consideration of a municipal agreement with NCDOT covering the preparation of a feasibility study to determine the traffic patterns and transportation needs of the downtown area of Fayetteville. This item was presented in the agenda packet with a recommendation to adopt the municipal agreement and resolution. WHEREAS, the North Carolina Department of Transportation and the City of Fayetteville propose to enter into an agreement for the preparation of a feasibility study for a multi-lane two way facility along Robeson Street; and WHEREAS, the municipality and/or its agent has agreed to prepare the study in accordance with Departmental standards and specifications; and WHEREAS, said agreement further provides for the Department of Transportation to reimburse the City of Fayetteville one lump sum payment of $25,000 towards the cost of the study upon completion of said study. NOW, THEREFORE, BE IT RESOLVED that said project in Cumberland County, is hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. Councilmember Cheek moved to approve the municipal agreement and adopt the resolution, seconded by Councilmember Robertson and carried unanimously. 11. Consideration of request to adopt resolution for city to maintain Tallstone Drive. This item was presented in the agenda packet with a recommendation for adoption of the resolution to maintain Tallstone Drive. RESOLUTION AUTHORIZING THE ACCEPTANCE OF TALLSTONE DRIVE. RESOLUTION NO. R1995-8. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Robertson and carried unanimously. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. At this time Councilmember Cheek requested that staff check into assisting the Church Of The Latter Day Saints, located on 401 Bypass, at Valencia Drive. She said they have been requesting assistance with their street also. 12. Consideration of request to review City participation policy for subdivision developments. This item was presented in the agenda packet with the recommendation to refer this matter to the Policy Committee. Councilmember Bolton moved to follow the recommendation and refer this item to the Policy Committee, seconded by Councilmember Kendrick and carried unanimously. 13. Consideration of authorization to submit pre-application for Police Grants: A. Gang Intervention. B. Truancy Officer Program. This item was submitted in the agenda packet with the recommendation to authorize the City Manager to execute the pre-application for police grants. Councilmember Bolton moved to follow the recommendation to authorize the City Manager to submit the pre-application for police grants A. and B. The motion was seconded by Councilmember Robertson and carried unanimously. 14. Consideration of acceptance of an unnamed street between Seabrook Road and Ferguson-Easley Elementary School property. City Manager Smith presented this item with a recommendation to adopt the resolution authorizing acceptance of the unnamed street and refer to the Planning Board for street naming. RESOLUTION AUTHORIZING ACCEPTANCE OF AN UNNAMED STREET BETWEEN SEABROOK ROAD AND FERGUSON-EASLEY ELEMENTARY SCHOOL PROPERTY. RESOLUTION NO. R1995-9. Councilmember Massey introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro Tem Blackwell and carried unanimously. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. 15. Consideration of request from Councilmember Robertson to discuss traffic at the intersections of West Lake and Morganton. Councilmember Robertson said there is a need for a stop light at this location due to the many accidents with injuries. Several studies have been submitted to Council of this location and he moved to have the city pay 50 percent for the installation and NCDOT to pay 50 percent. The motion was seconded by Councilmember Cheek. City Manager Smith said this situation will come up again and the city needs standards to go by as to when we would participate with DOT in a traffic signal and to what extent we would not. Councilmember Bolton offered a substitute motion to refer this matter to the Policy Committee, seconded by Mayor Pro Tem Blackwell and carried 8 to 1 with Councilmember Cheek opposed. 16. Consideration of request from Councilmember Kendrick to discuss traffic signal at the intersections of Levy and Robeson. Councilmember Kendrick said the area has built up at the Ashley School and it is difficult and dangerous to make a left turn from Levy Street onto Robeson Street. He said there have been public hearings and studies done of the area and it is time for the policy committee to consider this location for a traffic signal; therefore, he moved to refer this item to the Policy Committee, seconded by Councilmember Robertson and carried unanimously. 17. Consideration of request from Mayor Pro-Tem Blackwell to discuss a joint meeting with County Commissioners regarding Downtown issues. Mayor Pro Tem Blackwell said Council is meeting jointly with the County Commissioners and Storm Water Study Committee on February 13, 1995. He suggested adding downtown issues to the agenda instead of setting another meeting. Mr. Blackwell moved to authorize the Mayor to add the discussion of downtown issues to the February 13, 1995, agenda or to set a special meeting with the County Commissioners. The motion was seconded by Councilmember Cheek and carried 6 to 3 with Councilmembers McBryde, Bolton and Kendrick opposed. Councilmember Cheek moved to authorize the City Manager to contact the County Manager and the Planning Board to arrive at a meeting time and date with the three bodies. The motion was seconded by Councilmember McBryde and carried unanimously. 18. APPOINTMENTS: A. Nominations to fill two vacancies on Appearance Commission. Councilmember Cheek nominated Mr. Greg Nace to fill the term of the landscape category to December 1995. Billy Cashion was unanimously elected to fill the architect category term to December 1995. B. Nominations to fill one vacancy on Human Relations Commission. There were no nominations to fill the unexpired term of Pamela Alkins to March of 1995. C. Nominations to fill one vacancy on Redevelopment Commission. There were no nominations for the new position. D. Nominations to fill one vacancy on Wrecker Review Board. Mr. Donnie Egan was elected unanimously to fill the unexpired term of chairman to October 1995. 19. ADMINISTRATIVE REPORTS: A. Report on status of bus shelter at Pamalee and Murchison Road. This report was submitted in the agenda packet. B. Report on Youth Community Watch (Kidwatch) program. This report was submitted in the agenda packet. C. Report from the Policy Committee. This report was submitted in the agenda packet. INFORMATION ITEMS: 1. Eufala Relocation Project Status. 2. Appreciation letter from Edwin S. Deaver, Mayor of the Town of Hope Mills 3. Memo regarding reaction to Amtrak action of 1/17/95. 4. Status of Alarm Monitoring Program. 5. Drainage complaints received from Kinwood Subdivision residents adjacent to Lofton Drive and Vivian Drive. 6. PWC - minutes of December 14, 1994. 7. PWC - minutes of January 11, 1995. 8. Recreation and Parks Advisory Commission - minutes of November 28, 1994. 9. Historic Resources Commission - minutes of November 29, 1994. 10. Fayetteville Redevelopment Commission - minutes of January 11, 1995. 11. Fayetteville Human Relations Commission - Agenda for February 9, 1995. 12. Appearance Commission - Agenda for February 9, 1995. There being no further business the meeting was adjourned upon motion and second at 11 p.m. JOINT MEETING WITH CUMBERLAND COUNTY COMMISSIONERS FEBRUARY 13, 1995 FAYETTEVILLE CITY COUNCIL JOINT MEETING WITH CUMBERLAND COUNTY COMMISSIONERS CITY HALL COUNCIL CHAMBER FEBRUARY 13, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, Milo McBryde, Tommy Bolton, Ida Ross, Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek, Mark Kendrick, Nat Robertson Mayor Dawkins called the meeting to order at 7:00 p.m. Upon motion by Councilmember McBryde, seconded by Councilmember Robertson, Council voted unanimously to excuse Councilmember Bolton until he arrives. Attached are a set of minutes drafted by the Clerk to the Cumberland County Board of Commissioners and incorporated into these minutes. Upon motion by Councilmember Massey, seconded by Councilmember McBryde, Council voted unanimously to accept the report of the Stormwater Advisory Committee. Upon motion by Councilmember Robertson, seconded by Councilmember Cheek, Council voted unanimously to appoint three members of City Council to a special body to discuss downtown revitalization issues with the County Commissioners. Upon motion by Councilmember Massey, seconded by Councilmember McBryde, Council voted unanimously to adjourn at 10:25 p.m. REGULAR MEETING FEBRUARY 21, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 21, 1995 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Nat Robertson (at-large); Milo McBryde (at-large); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Tommy Bolton (District 1) Others Present: John Smith, City Manager Roger Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Relations Officer Al Mitchell, Planning Department Frank Simpson, Inspection Superintendent Robert Barefoot, Recreation/Community Facilities Director Karl Legatski, Chairman Open Spaces Committee Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Rick Silvia, Executive Director of Fayetteville Area Youth for Christ, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Councilmember Massey presented the certificate signed by President Clinton which was issued July 30, 1993, on behalf of the Fayetteville Black City Chorus after the Choir performed a combination of Negro Spirituals and Patriotic Songs on the Ellipse at the White House in Washington, D.C. Mr. Massey said the Chorus was a vision of Denise Murchison-Payton and Bettye Bonner Washington and began January 20, 1990. 1. APPROVAL OF AGENDA City Attorney Cogswell requested that item 2-F. include the adoption of a resolution; that the ordinance in item 2-J. should show section 20-106 instead of 20-21; that 2-O. for approval of legal representation is for John Wetherwax and Trina McNeill v. City of Fayetteville and Gloria McNeill v. City of Fayetteville and the other City Employee is John Barefoot, which is Butler v. City of Fayetteville. Also item 9. is to be changed to include an appeal hearing. Mr. Cogswell said a notice of appeal was received over the weekend. Councilmember McBryde moved to approve the agenda with the amendments and to include a closed session on item 10-A. Councilmember Kendrick seconded the motion and it carried unanimously 8 to 0 with Councilmember Bolton absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. City Attorney Cogswell requested to pull item O. and Mayor Pro Tem Blackwell requested to pull item K. for discussion. Councilmember McBryde moved to approve the consent agenda with exceptions of K. and O. After a second from Councilmember Robertson the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of February 6, 1995. B. Approve tax refunds over $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. C. Set public hearing for March 20, 1995, to consider Incidental Home Occupations and Amendments. The consideration of revision and amendments to change incidental home occupation regulations in the City of Fayetteville Code of Ordinances, Article IV, Section 32-22 (10) by deleting in its entirety and substituting according to the attached memo. (P94-174) D. Approve the initial zoning to C3 Heavy Commercial District, C1P Shopping Center District and R15 Residential District or to a more restrictive zoning classification for an area located at the interchange of I-95 and NC HWY 53 (Cedar Creek Road) and being annexed by the City of Fayetteville effective February 12, 1995. (P95-7) E. Approve the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 603 Country Club Drive and being the property of PCI Properties Limited, a Mississippi Corporation. (P95-10) F. Adopt resolution and approve renewal of lease with Cumberland County Area Mental Health, Developmental Disabilities, and Substance Abuse Authority for space at 121 Lamon Street. RESOLUTION AUTHORIZING THE LEASE OF CITY PROPERTY TO CUMBERLAND COUNTY AREA MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE AUTHORITY. RESOLUTION NO. R1995-10. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. G. Approve award of contract for purchase of one compact 4,000 lb GVW truck to LaFayette Ford, low bidder in the amount of $10,181.10. (PWC) Bids received were as follows: LaFayette Ford (Fayetteville, NC) $10,181.10 Powers-Swain (Fayetteville, NC) $10,391.00 Patrick Ford (Fayetteville, NC) $10,605.60 Bleeker GMC (Red Springs, NC) $10,874.08 *State Contract (Vic Bailey Ford, Spartanburg, SC) $10,194.00 H. Approve purchase of one 67 to 26.18 x 13.09 kV Substation Power Transformer from Power Supply, Inc. in the amount of $349,000.00 for the Cumberland Industrial Park Sub Station. (PWC) The contract between PWC and Power Supply Inc. dated January 27, 1994, and approved by Council on February 7, 1994, included the option to purchase additional transformers through December 31, 1995. I. Approve Municipal Agreement with NC DOT for drainage project at corner of Bragg Blvd and Ames Street. WHEREAS, the North Carolina Department of Transportation and the City of Fayetteville propose to make certain street and highway improvements consisting of the drainage improvement across NC 24 (Bragg Boulevard) at Ames Street in Fayetteville; and, WHEREAS, the Department of Transportation and the City of Fayetteville propose to enter into an agreement for the aforementioned highway improvement whereby the City of Fayetteville agrees to design the project plans, award the construction contract, and supervise project construction; and, WHEREAS, said agreement further provides for the Department of Transportation to reimburse the City of Fayetteville a lump sum payment of $35,000.00 for the actual contract construction costs of the project. NOW, THEREFORE, BE IT RESOLVED that Project U-1856 C, Cumberland County, is hereby formally approved by the City Council of the City of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. J. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, of the City of Fayetteville Code of Ordinances. (Traffic Schedule Number 18 - Fire Lane) ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 18-FIRELANE, ADDING VARIOUS LOCATIONS). ORDINANCE NO. NS1995-1. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. K. (Pulled for discussion). L. Adopt two resolutions setting public hearings for two petitions requesting annexation.(Recommended Public Hearing date: March 6, 1995) 1. Alco Mobile Home Park - located at 1128 Shaw Road. RESOLUTION DIRECTING COURT TO INVESTIGATE ANNEXATION PETITION AND SETTING PUBLIC HEARING (MARCH 6, 1995). RESOLUTION NO. R1995-11. 2. Wessex Place Subdivision (proposed)- located on southern side of Morganton Road, east of Shads Ford Boulevard and north of Tollhouse Drive. RESOLUTION DIRECTING COURT TO INVESTIGATE ANNEXATION PETITION AND SETTING PUBLIC HEARING (MARCH 6, 1995). RESOLUTION NO. R1995-12. Copies of the foregoing resolutions are on file in the clerk's office in Resolution Book R1995. M. Adopt demolition ordinances for the following properties: (1) 418 "B" Street-(Owners: M/M Otis Davis) ORDINANCE DEMOLISHING AND REMOVING A STRUCTURE (418 "B" STREET, OWNERS MR. & MRS. OTIS DAVIS). ORDINANCE NO. NS1995-2. (2) 420-422 "B" Street-(Owner: Joel Herbert Roundtree) ORDINANCE DEMOLISHING AND REMOVING A STRUCTURE (420-422 "B" STREET, OWNER JOEL HERBERT ROUNDTREE). ORDINANCE NO. NS1995-3. (3) 424 "B" Street-(Owner: Joel Herbert Roundtree) ORDINANCE DEMOLISHING AND REMOVING A STRUCTURE (424 "B" STREET, OWNER JOEL HERBERT ROUNDTREE). ORDINANCE NO. NS1995-4. Copies of the foregoing ordinances are on file in the clerk's office in Ordinance Book NS1995. N. Approve declaration of SCBA Apparatus and Cylinders as surplus property and transfer of same to County of Cumberland and PWC. O. (Pulled for discussion) 2-K. Adopt Budget Ordinance Amendment 95-12. Mayor Pro Tem Blackwell asked City Manager Smith to clarify if the intent is to take $40,000 from Fund Balance to appropriate for Narcotic Information Buys and if we get involved in confiscations. Mr. Smith responded that we do confiscate as a result of drug busts and this money is mostly for undercover activities. He said it is over and above the usual $100,000 budgeted for routine operations and improvements. Councilmember Blackwell moved to approve the budget Ordinance Amendment as recommended, seconded by Councilmember Cheek and carried 7 to 1 with Councilmember Robertson voting in opposition and Councilmember Bolton absent. 2-O. Approve request for legal representation. This is for legal representation for John Wetherwax and Trina McNeill v. City of Fayetteville and Gloria McNeill v. City of Fayetteville and the other City Employee is John Barefoot, which is Butler v. City of Fayetteville. Councilmember Robertson asked if the City provided employee's defense if they were negligent. Mr. Cogswell replied that the statute says you may provide the defense for any employee who is sued if they were acting while on the job. It would then be up to the court to decide if they were negligent. Councilmember Cheek moved to approve the legal representation as requested, seconded by Councilmember Kendrick and carried 7 to 1 with Councilmember Kendrick opposed and Councilmember Bolton absent. 3. Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at the southeast corner of the intersection of Bragg Boulevard and Stamper Road and being all of Lots 1, 2 and 3 of the property of the Florence Rogers Charitable Trust. (P95-8) Assistant Planning Director Al Mitchell presented this item stating that the Planning Board had recommended approval and the Planning staff had recommended denial because of the 1984 Stamper Road Study recommending low density residential uses at this location. Councilmember McBryde moved to approve the requested rezoning as recommended by the Planning Board, seconded by Councilmember Cheek and carried 8 to 0 with Councilmember Bolton absent. At this time, Mayor Dawkins recognized Mr. John Talley in the audience, who does a lot of work with Florence Rogers Trust and this organization has done a lot for our city. 4. Consideration of approval of Contract to Audit Accounts. City Manager Smith presented this item. He said this contract was open for bids four years ago and Cherry, Bekaert & Holland is a local office from a national known company that has done good job for us. Mr. Smith said that the $2,000 increase is probably less than a normal increase. Councilmember Cheek requested that we consider looking into proposals next year. Councilmember Robertson moved to award the contract to audit accounts as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Bolton absent. 5. Consideration of adoption of resolution authorizing advertisement of contract for joint use of facilities between City of Fayetteville and Junior League of Fayetteville. Recreation/Community Facilities Director Robert Barefoot presented this item for the Chairman of the Parks and Recreation Advisory Commission. He said this contract would be, particularly for the Honeycut Recreation building, which the Junior League would use as a headquarters office. In exchange for this use, they would donate $80,000 within 30 days of an approved contract for use in the three new recreation centers for bleachers and movable partitions. The Junior League would also pay $400 per month for building upkeep. Mr. Barefoot said the Parks and Recreation Advisory Commission voted unanimously to recommend to Council for approval of the contract. City Attorney Cogswell said the resolution will be up for approval at the next Council meeting and he pointed out that if this contract is awarded, then at the end of ten years the lease of 2605 Fort Bragg Road would be renegotiated. Mayor Dawkins recognized Winnie Grannis, Vicky Hayes and Dawn Caison from the Junior League present in the audience. Councilmember McBryde moved to approve the contract as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Bolton absent. At this time Mayor Dawkins recognized Boy Scouts in the audience. Carl Ivarson, scout master of troop 748, Walter Redding, troop committee and six scouts that are working on Citizenship in the Community badges were present. 6. Consideration of adoption of resolution requesting assistance from Cumberland County and the Cumberland County Joint Planning Board on the development of Open Space Plan. Karl Legatski, Chairman of Open Spaces Committee presented this item. He said in order to accomplish the committee's 1995 work plan they need the following assistance: 1. Identify the open space study as a primary work item for the Joint Planning Board for 1995. Although some planning board staff time has been spent on this project and Planning Board members are on the committee, the Joint Planning Board has not adopted it as an official project. 2. Request the Public Works Commission to designate some staff time to this effort. Since PWC either owns or has easements in many areas that could include open space areas or greenways, it is important that PWC be involved in the work of the committee. 3. Request the Cumberland County Commissioners to involve elements of the county government in the study. These elements include recreation, tax office and engineering. 4. Invite the other municipalities within the county to participate in the development of the open spaces plan. Mr. Legatski requested that Council adopt the resolution requesting assistance from the Cumberland County and Joint Planning Board on development of open space plan. RESOLUTION REQUESTING ASSISTANCE FROM CUMBERLAND COUNTY AND THE CUMBERLAND COUNTY JOINT PLANNING BOARD ON THE DEVELOPMENT OF AN OPEN SPACE PLAN. RESOLUTION NO.R1995-13. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the clerk's office in Resolutions Book R1995. 7. Consideration of request for advertisement of public hearing to consider subdivision ordinance change. (Chapter 27-10[g][8]) (Public hearing date: March 20, 1995) This item was presented by Assistant City Manager Teal with a recommendation to approve the advertisement of the public hearing for the March 20, 1995, meeting. Councilmember Robertson moved to set the public hearing for March 20, 1995, as recommended, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Bolton absent. 8. Consideration of report from Kimley-Horne Associates, Inc., on the CBD Circulation Study. Deputy City Manager Stancil presented this report. He said the summary of KHA's recommendation and a map of the primary traffic circulation study area was included in the agenda packet. He said their review of Robeson Street traffic operations and the impact of converting it to a two-way operation both now and in the future shows very little impact on traffic operations. Mr. Stancil said the Olde Fayetteville Association recommends that the two-way traffic on Robeson Street be submitted to NCDOT. Mr. Stancil said the second request was to have KHA review the city streets comprising the downtown circular loop to determine the feasibility of converting them to a two-way operation. KHA's recommendation was to wait on this conversion until the Robert Marvin study was under way a little further. Councilmember McBryde moved to proceed with the recommendation of Robeson Street two-way traffic to NCDOT. The motion was seconded by Councilmember Kendrick and carried 8 to 0 with Councilmember Bolton absent. Mayor Pro Tem Blackwell requested staff to get feedback from the Library Board on the Maiden Lane one-way traffic. Councilmember Cheek asked about the circulation plan affecting Pittman Street. Mr. Stancil said the architects will be contacting KHA and should have these results by the time the plans are finalized for the Police Station on Hay Street. Councilmember Massey asked John Lampros of Olde Fayetteville Association how their executive committee felt about this possible change and how they see this impacting on the downtown area. Mr. Lampros said their Board supported the two-way traffic on Robeson Street. He had letters from several businesses on Robeson Street in downtown requesting the two-way traffic. Councilmember Ross asked if that would impact on the rest of Robeson Street past the CBD Loop. Mr. Lampros stated that as a Robeson Street business owner it is always so hard to direct people to get in or to get out of town from there. He said it is also difficult for him as a business man to get to his customers on Robeson Street, because of the current one-way. 9. Appeal Hearing of LaFayette Hotel property. City Manager Smith gave an update on this item before the hearing began. He said he met this afternoon with the parties involved with this project. Northwood Temple is the owner and Stephen Weil and Dr. Menno Pennink have executed and paid for an option on the property and everyone agrees that the current situation must be abated. He said they wished to save the front facade and rebuild from there. Mr. Smith said if this could be done faithfully, the staff and Inspection Department would agree to this. He said that representatives from Northwood Temple could not be here tonight and asked him to convey their position. Mr. Smith said that if no other arrangements can be made then they as the owner would continue the demolition that had already begun. The clerk swore in Frank Simpson, Inspection Superintendent. He said that he held a hearing in his office following the severe fire damage. He issued orders to the owner to begin demolition within 72 hours of delivery of the order. He said they appealed this and this is the hearing tonight. Mr. Simpson said he feels this is an unsafe building as it is. He stated Donaldson Street is blocked and Hay Street is now open with the exception of the sidewalk on that side. The problem is that a lot of the structural steel twisted, causing some of the building to collapse, some of the wood and timbers and floors burned out. He said what concerned him most is the walls that are standing with no lateral support. Councilmember McBryde asked about the mortar drying out and Mr. Simpson said that does happen, but he is more concerned that the roof and floors have collapsed and the constructural steel is twisted. Also some of the bricks show damage where the heat cracked the face of the brick. Councilmember Kendrick asked City Attorney Cogswell what the City liability is at this point if a part of the building should fall and injure someone or cause damage. Mr. Cogswell said he does not see any at this point because we have done everything possible under the statutes, which gives them ten days to give Council an appeal before we can act unless it is a dire emergency. He said pedestrians are not allowed on Donaldson Street next to the building and if that wall fell it might cause structural damage to the building next to it. The clerk swore in Dr. Pennink, Mr. Weil and their Attorney Stacy Weaver. Mr. Weaver said his clients have an option to purchase the property, which could mean ownership in the very near future. He said at this point, at stake is the relative stability of the facade of the hotel and whether it can be utilized in any improvements that might be made on the premises. One of the important things is certain tax credits if some of the old building can be preserved by way of historical preservation. He said this decision cannot be taken easily or quickly. Mr. Weaver asked Mr. Weil to tell Council what the timetable is for making the decision following his engineer's examination of the site. Mr. Weil said they recognize the importance of Hay Street being open and the safety of the public and they do not wish to endanger anyone in any way. He said he has had two engineers examine the situation and they both feel that the wall could be saved and portions of it did need to be taken down as soon as possible. Mr. Weil said they agree with Mr. Simpson that the Donaldson Street side and the corner at Hay Street should be taken down and rebuilt. They would send a bucket up from a crane to remove the terra-cotta tile and the fire escape that was burned and twisted that Mr. Simpson was worried about the stability. Mr. Weil said his engineer, Mr. Mansour, needs until Monday to complete his stabilization plan and the plan on how it would be excavated around those footings on the front to save the interior of the building. Mr. Weil said what he was proposing is for Council to give them until Monday at which time he will bring his plans to the City to discuss whether it meets staff suitability or safety desires and at that time they would either allow the property bulldozed down or have a proposal to stabilize the sections in danger of falling immediately. He has the engineers standing by to begin immediately. Mr. Weil said he feels they can get insurance coverage. He said he feels the demolition process should be completed in one week and then Hay Street can be opened on both sides. They could take a look at Donaldson Street as soon as that corner was stabilized. Councilmember Cheek asked Mr. Weil if demolition on the dangerous part could begin before next Monday. Mr. Weil said it could begin tomorrow if the Church would go along with it, which he believes this is their desire also. Dr. Cheek asked if that would not interfere with the study of the front part being saved or not. Mr. Weil said this could be done and Dr. Cheek said with all the precautions in mind, she would agree to give them until next Monday on the safer parts with the other being torn down. Councilmember Ross asked City Manager Smith if Holmes Electric Company has had any suggestions. Mr. Smith said he has not spoken directly with any of the businesses but he knew there were concerns to get things back to normal as soon as possible. Councilmember Robertson asked Mr. Simpson if his office will deem the remainder of the structure safe after the demolition and Mr. Simpson said at this point the answer would be yes, but might have to be altered as demolition proceeds. He said basically the west end of that building is not in any worse shape than it was before the fire. The east end was fire damaged. Mr. Robertson asked if we allow seven days to get this done what recourse does the city have as far as the liability standpoint between now and that point. Mr. Cogswell said that our liability will be no more tomorrow than it was before we got here tonight. He requested Council to continue this matter until next Monday's information meeting upon the condition that they do everything they said they will do, starting tomorrow. Mr. Robertson asked what if it is not safe next Monday night and Mr. Cogswell said then Council can order it to come down. Mr. Smith said it will take longer then until next Monday night to demolish the building even if Council ordered it tonight, so if they have their engineer look at it to determine whether the facade may not be a problem, and they demolish the unsafe portion beginning tomorrow, then they are doing everything that we could expect them to do even if we ordered the building torn down. He said what the City Attorney is recommending is a reasonable recommendation. Mayor Pro Tem Blackwell asked Mr. Cogswell if we have an order from Inspection Department for owners to take this property down, even though it is appealed, and someone is injured are we liable. Mr. Cogswell responded possibly -- that they have done the necessary steps to put it before Council in the appeals process and he said he could not deny there is a little risk, but the owner of the property is liable depending on what they do. Dr. Blackwell asked if this communication "puts the monkey on our back?" Mr. Cogswell said that it did to some extent, but he does not know what else to do in a situation like this. Dr. Blackwell asked Mr. Simpson if he felt comfortable with this and he said he is, because he does not know what else we can ask the owners to do at this point, because they are doing everything they can. Councilmember Cheek asked Mr. Cogswell if it is possible to give an order for a demolition on the part of the building that the inspector said is dangerous and continue the rest of the building until next Monday. Mr. Cogswell said Council has that authority. Dr. Cheek said that if Council should decide to delay decision until next week, she would want the time schedule of how that building would be secured and how the street could be opened back up with the securing process being on the owner or developer rather than the city. She also requested a short definite schedule be made on where we could go from next Monday night assuming the building can be saved. She asked also that if Council feels it is necessary to authorize retaining a structural engineer at the City Manager's discretion, to advise the City during this period. Mr. Smith said if their structural engineer will put his seal on the plans, we can accept that but if we have a question then he has the authority to hire our own. Councilmember Cheek moved to order the owner to arrange to commence demolition starting tomorrow of the parts of the building that the inspector has said are extremely dangerous to the public and the decision be continued on the other parts of the building until next Monday night, at which time the developers will report back with condition and their recommendation and, also to hear recommendations from our staff. The motion was seconded by Councilmember Blackwell. Councilmember Massey asked if we would be liable while the demolition is in progress. Mr. Cogswell replied that they would be liable if they had cordoned off the area and were doing the demolition. Mr. Massey asked what manner will be used to keep people away from that area. Mr. Smith answered that we have barricades along the sidewalks and along the street and are taking every precaution we can take to act reasonably and responsibly. Mr. Weil added that whoever does the job would have a builder's risk policy and they also have a liability policy in addition to that. Councilmember Ross asked if the businesses in the back will be able to continue and Mr. Smith replied that Franklin Street is open and would remain open. He said that Donaldson Street would have to remain closed until that wall is down. Councilmember McBryde asked Mr. Weil if his engineer would be willing to put his seal on the paperwork so he is responsible instead of the city. Mr. Weil said that his engineer has said he would do that. Councilmember Kendrick asked about the completion schedule and Mr. Weil answered that it would probably be a total of nine months for the interior, but the streets would not be in a dangerous situation but approximately three months, then there would be sidewalk covered barricade for pedestrian's protection on the Hay Street side. Mayor Dawkins called for a vote on the motion and it was unanimous 8 to 0 with Councilmember Bolton absent. 10. Consideration of swimming facilities: (A) Discussion of purchase of Lake Pines Property. Councilmember McBryde moved to enter closed session for the purchase of Lake Pines Property at 8:35 p.m. Council reconvened into regular session at 8:45 p.m. (B) Discussion of Seabrook Pool City Manager Smith said in order to reopen Seabrook pool this year money will need to be spent on maintenance. He said that rather than pushing a quick decision on financing of building a new pool, he recommended to spend the necessary funds to open the pool this summer and continue to explore grants and financing. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Torrey and carried unanimously 8 to 0 with Councilmember Bolton absent. 11. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. Mr. Greg Nace was elected to fill the unexpired term of the landscape category to December 1995. B. Nominations to fill one vacancy on Human Relations Commission. Mayor Pro Tem Blackwell nominated Cynthia McCormic to fill the vacancy of Pamela Alkins to March 1997. C. Nominations to fill one vacancy on Redevelopment Commission. There were no nominations. D. Appointments to Joint City-County Downtown Committee. Mayor Dawkins asked for nominations to fill the three vacancies of the newly formed Joint City Downtown Committee. Councilmember Robertson nominated Mayor Pro Tem Blackwell and Councilmember Cheek. Councilmember McBryde nominated Councilmember Robertson. Councilmember Kendrick moved to close the nominations and elect the three nominees, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Bolton absent. Mayor Pro Tem Blackwell said the three members from the county are Mr. Keith, Mr. King and Mr. Faircloth. 12. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of January, 1995, from the Cumberland County Tax Collector in the amount of $4,613,463.82. B. Report of tax refunds less than $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. At this time Mayor Pro Tem Blackwell asked to be excused from the Information meeting because of a school function. Councilmember McBryde moved to excuse Mayor Pro Tem Blackwell as requested, seconded by Councilmember Kendrick and carried unanimously. City Attorney Cogswell said that after checking, he discovered that the document in item 2-J. was correct as submitted after all and requested Council to correct that back to the original information submitted. Councilmember McBryde moved to make that correction, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Bolton absent. INFORMATION ITEMS: 1. Response from Congressman Bill Hefner regarding elimination of railway service (Palmetto) to Fayetteville. 2. Buildings and Properties Committee - copy of corrected minutes of January 31, 1995. 3. Letter from Dr. Ernest Johnson, Highland Presbyterian Church, concerning inquiry from City Council regarding MetroVision. 4. Request from Dohn Broadwell regarding Policy Committee Meeting. 5. Letter from NCDOT re: Interchange Construction at Cliffdale Road and All American Freeway and widening of McPherson Church Road. 6. Police Department - Professional Standards monthly report for January, 1995. 7. Airport Commission - minutes of January 31, 1995. 8. Appearance Commission - minutes of January 17, 1995. 9. Board of Adjustment - minutes of January 18, 1995. 10. Senior Citizens Advisory Commission - minutes of January 10, 1995. 11. Copy of letter regarding preclearance of 35 annexations. There being no further business the meeting was adjourned at 8:55 p.m. upon motion and second. INFORMATION MEETING FEBRUARY 27, 1995 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 27, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek and Mark Kendrick Absent: Councilmember Breeden Blackwell Mayor Dawkins called the meeting to order and recognized City Attorney Bob Cogswell for the Invocation. Following the Invocation, Mayor Dawkins led the audience in the Pledge of Allegiance to the American Flag. Upon motion by Councilmember Robertson, seconded by Councilmember Massey, Council voted unanimously to approve the agenda. City Manager John Smith then made a brief report on the status of the LaFayette Hotel. Mayor Dawkins recognized developer Stephen Weil, accompanied by Ernie Mansour, Mr. Weil's engineer. He reported they had begun demolition of the building, making it safe for the public. Mr. Mansour presented a letter to the City Council, with his seal, stating the conditions under which the building would be safe. Mayor Dawkins recognized Rev. Hedgepeth of Northwood Temple, owners of the LaFayette Hotel. Councilmember Cheek moved that the City aggressively pursue the demolition order issued last Tuesday night for the non-historic part of the LaFayette Hotel. City Attorney Bob Cogswell recommended that the motion read that the demolition order for the historic part for the LaFayette Hotel be issued unless the building is cleaned out and secured to the approval of the Fire Chief, the Police Chief and the Building Inspector. This motion was seconded by Councilmember McBryde. Councilmember Robertson offered a friendly amendment stating that unless the building was cleaned out and secured to the satisfaction of the Fire Chief, the Police Chief and the Building Inspector by the evening of Wednesday, March 1, 1995, the owners would be required to post a private security guard at the building. This friendly amendment was accepted by Councilmember Cheek and Councilmember McBryde. Council voted unanimously to adopt the motion as recommended by City Attorney Cogswell and amended by Councilmember Robertson. Assistant City Manager Ben Brown introduced Mr. Kent Weeden, a consultant working with the Neighborhood Services Department to present the consolidated plan for the Department of Housing and Urban Development. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to convene into executive session to discuss price negotiations for property in the 400 block of Hay Street. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, Council voted unanimously to reconvene into open session. Upon motion by Councilmember McBryde, seconded by Councilmember Bolton, Council voted to adopt the resolutions listed below (Attached). Councilmember Robertson voted in the negative. Resolution Authorizing Condemnation to Acquire Certain Property (400 Block Hay Street - Parcel K-1 - Police Station Site) R1995-014. Resolution Authorizing Condemnation to Acquire Certain Property (400 Block Hay Street - Parcel K-2 - Police Station Site) R1995-015. Resolution Authorizing Condemnation to Acquire Certain Property (400 Block Hay Street - Parcel K-3 - Police Station Site) R1995-016. Resolution Authorizing Condemnation to Acquire Certain Property (400 Block Hay Street - Parcel K-4 - Police Station Site) R1995-017. Resolution Authorizing Condemnation to Acquire Certain Property (400 Block Hay Street - Parcel K-7 - Police Station Site) R1995-018. Resolution Authorizing Condemnation to Acquire Certain Property (400 Block Hay Street - Parcel K-9 - Police Station Site) R1995-019. Resolution Authorizing Condemnation to Acquire Certain Property (400 Block Hay Street - Parcel K-10 - Police Station Site) R1995-021. Resolution Authorizing Condemnation to Acquire Certain Property (400 Block Hay Street - Parcel C-2, C-3, C-8 - Police Station Site) R1995-022. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, Council voted unanimously to set a joint meeting between the City Council and the County Commissioners for discussion with Robert Marvin of the ongoing planning process for 5 p.m., March 23, 1995, in the Pate room at the Cumberland County Main Library. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to adjourn the meeting. REGULAR MEETING MARCH 6, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 6, 1995 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Mark Kendrick (District 6) Absent: Nat Robertson (at-large); Suzan Cheek (District 5) Others Present: John Smith, City Manager Roger Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Relations Officer Al Mitchell, Planning Department Frank Simpson, Inspection Superintendent Steve Blanchard, PWC Manager Ray Britt, PWC Finance Services James Martin, PWC Electric Services Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Father Ernest Ruede, St. Ann’s Catholic Church followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins said Councilmember Cheek had requested to be excused due to illness and Councilmember Robertson had called asking to be excused. Councilmember Massey moved to excuse Councilmembers Cheek and Robertson, seconded by Councilmember Ross and carried unanimously. 1. APPROVAL OF AGENDA City Manager Smith said items 2 A. & B. under consent should include adopting ordinances. City Attorney Cogswell referred to item 2 G. and requested that the City Attorney’s Office be authorized to give legal representation for Alex Thompson and Phyllis Jernigan in the Locklear vs. Jernigan et al case. He said he found they were acting in the course and scope of their employment. Mayor Pro Tem Blackwell requested to add item C. to no. 9 for the nomination to fill one vacancy on the Joint Senior Citizens Advisory Commission. Councilmember Bolton moved to approve the agenda with the changes, seconded by Councilmember Ross and carried unanimously 7 to 0 with Councilmembers Cheek and Robertson absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Torrey requested to pull item C-1., 2. and 3. for discussion. Councilmember Bolton moved to approve the consent agenda with exception of items C-1., 2. and 3. After a second from Councilmember Kendrick the consent agenda and following items were unanimously approved. A. Adopt ordinance and approve request by NCDOT to reduce the speed limit on Reilly Road to 45 miles per hour. AN ORDINANCE AMENDING CHAPTER 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL, REILLY ROAD). ORDINANCE NO. NS1995-5. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. B. Adopt ordinance and approve request by Cumberland County Schools for no parking during school hours on Skycrest Drive. AN ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO.17-RESTRICTED PARKING). ORDINANCE NO. NS1995-6. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. C. (Pulled for discussion). D. Approve resolution for joint use of facilities between City of Fayetteville and Junior League of Fayetteville. RESOLUTION AUTHORIZING A CONTRACT FOR JOINT USE OF CITY OWNED PROPERTY WITH THE JUNIOR LEAGUE OF FAYETTEVILLE (RECREATION FACILITIES). RESOLUTION NO. R1995-23. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. E. Set a public hearing for April 3, 1995, to approve an application by the Olde Fayetteville Association for a special use permit as provided for by the City of Fayetteville code of Ordinances, section 32-59. 1 (Z) to allow the placement of festival signs for special events in various location throughout the City as Evidenced by a location map on file with the Planning Department. (P95-24) F. Set public hearing for March 20, 1995, to consider to reduce the speed limit to 25 miles per hour on the following streets: 1. Sutton Street 2. Bethune Street G. Approve of Legal Representation. City Attorney’s Office to represent Alex Thompson and Phyllis Jernigan in the Locklear vs. Jernigan et al case. 2.C. Approve the following Finance matters: (1) Adopt Special Revenue Project Ordinance Number 95-12 (GHSP-DWI) Councilmember Torrey asked why the travel expenditures of the Police Attorney to attend a Seminar in the amount of $1,147 were so high. City Manager Smith responded that this included a round trip planefare to Nevada, motel and meals and does not require a local match for this grant. This seminar was “Getting tough on DWI: The Defense.” Councilmember Torrey moved to adopt the Special Revenue Project Ordinance as recommended, seconded by Councilmember Bolton and carried unanimously 7 to 0 with Councilmembers Cheek and Robertson absent. (2) Adopt Special Revenue Project Ordinance Amendment Number 95-7 (Police-Controlled Substance Tax) Councilmember Torrey asked how the controlled substance tax is used. Mr. Smith answered that this is also known as the drug forfeitures funds from seizures. He said these funds must be used for law enforcement and must be used above and beyond the budget dollars. This amendment appropriates proceeds from the North Carolina controlled substance tax in the amount of $2,931. Councilmember Torrey moved to adopt the special revenue project ordinance amendment as requested, seconded by Councilmember McBryde and carried unanimously 7 to 0 with Councilmembers Cheek and Robertson absent. (3) Adopt Capital Project Ordinance Amendment Change 95-10 (Recreation Centers) Councilmember Torrey asked for more information on the use of the Seabrook Recreation Center. City Manager Smith explained that these amounts are contributions from two different groups renting the Recreation Centers and must be shown as items in the budget in order for us to use them. Mr. Torrey said that he has received requests from organizations desiring to use Seabrook Recreation Center and asked how to go about referring this. Mr. Smith advised him to have them contact Robert Barefoot, Director of Recreation/Community Facilities. These contracts provide for contributions in the amount of $80,000 from the Junior League of Fayetteville and $25,000 from the Kiwanis Club. Councilmember Torrey moved to adopt the Capital Project Ordinance Amendment, seconded by Councilmember McBryde and carried unanimously 7 to 0 with Councilmembers Cheek and Robertson absent. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of the rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 605 and 609 Humphrey Lane and being the property of Toni Andrea Thompson. (Fayetteville ordinance) (P94-190) This item was present by Al Mitchell, Assistant Planning Director, saying that the Planning Board recommends approval and the Planning staff recommends denial of C3 and approval of P2 which would be a buffer zone. He said the staff's recommendation was based on the following: (1) The 1986 McIver Street Re-evaluation Study indicates that this area should be developed for commercial services, and the P2 Professional District is appropriate; and (2) The P2 Professional District provides a transition and/or buffer area between the residential and commercial districts. Mr. Mitchell said if the Planning Board and Council chooses to approve the request to C3 Heavy Commercial District, the staff recommends the McIver Street Study area be re-evaluated. The public hearing was opened at 7:18 p.m. and speaking in favor of the rezoning was Herb Thorp, Attorney representing the petitioner. He said the building for the sheet metal business was built in 1965 and has been operating as such for over 30 years; therefore, it must have been zoned commercial. Mr. Thorp said there has not been a break in the operation of the business and the tenant who is operating the business now is requesting to purchase the property. He said that in checking it for the sale they discovered it was not zoned for C3, which makes this a non-conforming use. Speaking in opposition was Mary Ford, 612 Humphrey Lane, stating that she has lived there since 1943 and does not want any changes to the area. She lives across the street from the petitioner’s property. Also speaking in opposition was Beverly Smith, 252 McIver Street. She said she is adjacent to the property and has lived there all her life. She said they do not want this area rezoned. Ms. Smith said she feels she is speaking for most of the people in the area which are elderly and are afraid to say no. She requested that Council deny this rezoning. Bobby Thompson, 330 Collinwood Drive, petitioner, spoke in rebuttal giving a brief history of the property. He said the shop was built on the third lot of their three lots on that street. At the time it was built, they could not obtain a building permit and Attorney Floyd Ammons had it zoned for commercial use from the City Council in order to build, which was in 1965 or 1966. He said the building was added onto in the back in 1970, after obtaining a building permit, which meant they were still in conformance. Mr. Thompson said his brother operated the business until his illness three years ago and then his daughters tried to continue the business. He said they found someone who wanted to buy the business and would rent it until the sale was final, but they now find that it is supposedly not zoned for commercial and he did not understand why. There being none further to speak, the public hearing was closed at 7:34 p.m. Councilmember McBryde moved to deny the rezoning request, seconded by Councilmember Ross. Mayor Pro Tem Blackwell asked Councilmember Massey to amend his motion to state delay two weeks to allow time for the petitioner to discuss a middle ground with the residents. Mr. Massey did not accept the amendment. Councilmember McBryde offered a substitute motion to delay action until March 20, 1995 meeting, seconded by Councilmember Bolton. City Attorney Cogswell advised Council that if they came back in two weeks, they could not vote to rezone for a use--they can only consider zoning classifications. Mayor Dawkins called for a vote and it carried 4 to 3 with Councilmembers Ross, Torrey and Massey voting in opposition and Councilmembers Cheek and Robertson absent. Mayor Pro Tem Blackwell asked Mr. Thorp if he could provide to Council before the next meeting their proposal to the residents and assure Council they met with Ms. Ford and Ms. Smith. Mr. Thorp said they would do this. Mr. Cogswell said that a compromise could be where the zoning line is located. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition Initiated Contiguous Annexation Areas) (1) Alco Mobile Home Park - located at 1128 Shaw Road. Deputy City Manager Stancil presented this item saying that the petitioner has withdrawn his application for annexation and Mr. Stancil recommended Council continue with the public hearing but action was not necessary. The public hearing was opened at 7:52 p.m. and there being none to speak in favor or opposition the public hearing was closed. (2) Wessex Place Subdivision (proposed) - located on southern side of Morganton Road, east of Shade Ford Boulevard and north of Tollhouse Drive. This item was presented by Deputy City Manager Stancil. He stated that the petitioner will develop this area into residential property and the City departments have no problems serving this area; however, they will need to be considered in future budgets if adopted. Councilmember Kendrick asked if the developers will meet the City streets standards. Mr. Stancil said they have not submitted their plans, but it is his understanding they are considering public streets, and they would have to follow City guidelines if they considered private streets. The recommendation is for adoption of the annexation ordinance. The public hearing was opened at 7:55 p.m. and speaking in favor was the petitioner, Bill Hayes, 211 Valley Road. He said this would be developed into 92 single family detached lots, which would be R10, 0 lot line subdivision ordinance. They hope for a construction beginning of June 1, 1995, and to be completed by late summer or early fall. He said they would develop public streets according to City standards. Councilmember Torrey said he was concerned about the timing of this annexation and asked what precinct this will be added to and if it is in an all white district. Mayor Dawkins said it is majority white. Mr. Torrey said he is concerned with the numbers of whites that will be added to this district. City Attorney Cogswell said they submit these to the Department of Justice and it is up to them to either accept it or not. Councilmember Torrey said he had a letter from the Department of Justice stating that our last 28 annexations were not submitted to the Board of Elections. Mr. Cogswell responded that they had been submitted but that the Board of Elections had a change in Directors and they were unaware of our submission for pre-clearance when they sent in their precinct line changes. Mr. Cogswell said he sent the Department of Justice a letter explaining what had happened and everything has been pre-cleared to date. Mr. Torrey asked if we could hold off on this annexation until after election even though it was a petitioned annexation. City Manager said that it is Council’s choice but that it would be developed according to County standards and then it would have to be a City initiated annexation at that point. Councilmember Kendrick moved to adopt the annexation ordinance, seconded by Councilmember Bolton. Councilmember Torrey asked if the Hollywood Heights and Chestnut Hills annexations could be moved up along with this. Mr. Smith explained that the Hollywood Heights area is in the next major phase of annexation in 1996 and that this is a petitioned annexation tonight. He said the City omitted this area from annexation because it was rural, but it is completely surrounded by the City. Mr. Smith said that the petitioner was following Council’s policy of petitioning if they want water and sewer. Mayor Dawkins called for a vote on the motion to adopt the annexation ordinance and it carried 6 to 1 with Councilmember Ross voting against and Councilmembers Cheek and Robertson absent. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (WESSEX PLACE SUBDIVISION, MORGANTON ROAD). ANNEXATION ORDINANCE NO. 95-3-404. A copy of the foregoing ordinance is on file in the clerk’s office in Annexation Book 1995. C. Consideration of closing Eugene Street to Coffman Street to Burnett Avenue. Assistant City Manager Teal presented this item saying that the Eugene Street is actually not a street but a right-of-way and is a heavily wooded area. The recommendation is to adopt the resolution closing the street. The public hearing was opened at 8:03 p.m. and speaking in favor was Bob Stanger, County Engineer, saying the property was acquired by tax foreclosure and the neighbors on each end of Coffman Street and Burnett Avenue are also included in the petition requesting the closing of this street. There being none further to be heard on this matter the public hearing was closed at 8:10 p.m. RESOLUTION AND ORDER FOR CLOSING A PORTION OF EUGENE STREET. RESOLUTION NO. R1995-24. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously 7 to 0 with Councilmembers Cheek and Robertson absent. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. 4. Consideration of Resolution ordering paving without petition of: (a) Eunice Drive from Law Road to End of Pavement (b) Joyce Street from Slater Avenue to End of Pavement This item was presented in the agenda packet with a recommendation for adoption of the resolution. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF EUNICE DRIVE FROM LAW ROAD TO APPROXIMATELY 900 FEET EAST OF LAW ROAD; AND JOYCE STREET FROM SLATER AVENUE TO DEAD END. RESOLUTION NO. R1995-25. Mayor Pro Tem Blackwell moved to adopt the resolution and alternate two which is: Eunice Drive - This alternate would shift the proposed roadway one and a half (1.5') feet north of the existing utility poles and would utilize a pavement width of 24' from back/curb to back/curb. This would result in the back of the concrete curb on the north side being only 5.0 feet from the north right-of-way line. However, this shift would result in the roadway being even further from the residences along the south side of Eunice Drive. A “Tee” shaped turnaround will be at the end of the new pavemnet due to the possibility of Eunice Drive being extended in the future. Joyce Street - This alternate would utilize an offset “L” shaped turnaround and would be constructed totally off of property now owned by Rhudy’s Pawn Shop. The motion was seconded by Councilmember McBryde and carried unanimously 7 to 0 with Councilmembers Cheek and Robertson absent. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. 5. Consideration of adoption of Budget Ordinance Amendment Number 95-12 (PWC-Police Patrol) This Budget Ordinance Amendment would be for the police department to provide a police officer to PWC on a full reimbursement basis of approximately $42,000 annually. Equipment cost, principally the vehicle purchase would be recovered over three years. Councilmember Bolton moved to adopt the Budget Ordinance Amendment, seconded by Councilmember Kendrick and carried unanimously 7 to 0 with Councilmembers Cheek and Robertson absent. 6. Consideration of Adoption of Resolution Directing the Filing of an Application for the Approval of the Issuance of Revenue Bonds (PWC Revenue Bonds) Councilmember Bolton requested to abstain from this item. Councilmember McBryde moved to allow Mr. Bolton to abstain, seconded by Councilmember Kendrick and carried unanimously 7 to 0 with Councilmembers Cheek and Robertson absent. City Manager Smith presented this item and requested a correction be made on the resolution on page two, second paragraph, fourth and sixth line. He said the dollar amount should be reversed to show the principle amount for Series 1992 A of $12,630,000 and the Series 1992 B in the amount of $15,560,000. RESOLUTION DIRECTING THE FILING OF AN APPLICATION FOR APPROVAL OF THE ISSUANCE OF PUBLIC WORKS COMMISSION REVENUE BONDS, SERIES 1995 FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF ADDITIONAL FACILITIES FOR THE PUBLIC WORKS COMMISSION AND THE WATER AND SEWER SYSTEM OF THE CITY. RESOLUTION NO. R1995-26. Councilmember Torrey moved to adopt the foregoing resolution, seconded by Councilmember Ross. Discussion followed with PWC Manager Blanchard responding to Mayor Pro Tem Blackwell’s questions. He said the Bond Resolution covers everything, including the operations and administration building. He said since their last meeting with Council they have planned to merge the two buildings to have joint use of lunch room facilities, conference/meeting rooms and training facilities. He said the cost has increased along with the size of the square footage being increased by 22,000 square feet, so they will not have to add on to it for the next 15 years. Mr. Blanchard said if they were unable to go to the LaFayette Hotel building because of the fire, then they would find another location for their downtown branch. Mayor Pro Tem Blackwell said the cost of the original presentation was for separate buildings, he offered substitute motion to delay action until PWC could submit more information on their plans, seconded by Councilmember McBryde. City Manager Smith said he feels it is feasible to proceed with the application for the sale of the bonds and still make a determination as to whether or not the administration is going to be a part of that operation center or if it is going to be located downtown. Mr. Blanchard said their original request was to complete their complex and if the administration building was to be separated from the complex they would have to go back and evaluate on a cost effective basis as to whether it should not be built but renovate the Person Street office after the operations people moved out. Mr. James Rose, PWC Support Services, said at one time all of the buildings were to be separate, that it has been determined that they needed to be closer together. He said they are still two different buildings but are connected by a corridor and they want to bid them together to be cost effective. He said they did a study after they found out how much the new police department would cost. Councilmember Kendrick asked if the resolution for filing of application for bond were adopted tonight, that it would not lock in the use of the buildings or location. Mr. Smith confirmed this. Mayor Dawkins called for a vote on the substitute motion and it failed 3 to 4 with Councilmembers Kendrick, Torrey, Ross and Mayor Dawkins breaking the tie by voting in opposition, following his having pushed the wrong voting button. Mayor Dawkins called for a vote on the main motion to adopt the resolution and Councilmember Massey asked if this action would not have anything pro or con to do with exactly how the money would be spent. Mr. Smith responded that this goes forward with the financing to build the building and Council can amend the plans and will vote on the bond order when it comes before Council. The resolution was adopted with a vote of 6 to 0 with Councilmember Bolton abstaining and Councilmembers Cheek and Robertson absent. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. 7. Consideration of transfer of property to Habitat for Humanity. This item was presented by Assistant City Manager Brown. This transfer is lot 11 of Habitat Village, Phase I, as recorded in Plat Book 82, Page 127, Cumberland County Registry. The recommendation was to approve the transfer. Councilmember Bolton moved to follow the recommendation to transfer the lot, seconded by Mayor Pro Tem Blackwell. Mr. Brown said this would be with no hitches or problems. He said the Habitat Building Supervisor and the Vice-President for building activities met with City Engineer Mike Walker and Jerry Croll and walked the lots. Mr. Brown said that one of our positions with them is that the city will be held harmless if there is a problem, and in this particular instance, there were no problems. He said it is a "buildable" lot. Councilmember Ross said that answered her concerns about any problems with a ditch. Councilmember Kendrick asked who would hold us harmless--the property owner, once that property is sold and the title transferred? Mr. Brown answered that it would be the way we will construct the deed that the Habitat does with the home buyer. He said the Habitat, the City of Fayetteville will be held harmless. He said that we have clauses in those deeds right now to where people cannot, just in five years, for example, sell those lots or leave them without the lots coming back to the City's control. Mr. Kendrick asked if there is written documentation to verify that for the future and Mr. Brown said there would be. Mayor Dawkins called for a vote on the motion to transfer the lot and it carried unanimously 7 to 0 with Councilmembers Cheek and Robertson absent. 8. Consideration of comments from the Appearance Commission, Historic Resources Commission and Olde Fayetteville Association. This item was presented in the agenda packet by Deputy City Manager Stancil stating that based on issues raised and discussed with the Appearance Commission and the Historic Resources Commission, he recommended that Council authorize procedure with completion of final plans and bid documents in accordance with preliminary design for the Police Department at City Hall. Councilmember McBryde said that having read all the comments he moved to authorize completion of plans and bid documents in accordance with preliminary design, seconded by Councilmember Bolton and carried unanimously 7 to 0 with Councilmembers Cheek and Robertson absent. 9. APPOINTMENTS: A. Nominations to fill three vacancies on Human Relations Commission. Ms. Cynthia McCormic was elected to a term to March 1997. Dr. Thomas Hennessey was nominated by Councilmember Massey and Ms. Lois Moses was nominated for a second term by Councilmember Ross. B. Nominations to fill one vacancy on Redevelopment Commission. There were no nominations for this vacancy. C. Nominations to fill one vacancy on Joint Senior Citizens Advisory Commission. Mayor Pro Tem Blackwell nominated Ms. Etta “Pat” Deyear to fill the vacancy of Mr. Marable to September 1996. 10. ADMINISTRATIVE REPORTS: A. Report on Wizard Tennis Association complaints. City Manager Smith said following interviews and meetings conducted by Elmer Floyd and Robert Moye of the human relations division and Margaret Weaver of the personnel department it was concluded that the term “blatant racist practices” was not the case, but instead a series of incidents of miscommunication, poor judgment and sometimes lack of understanding of policies by certain city staff members and a city contractor. Mr. Smith said the following actions will be taken to implement the recommendation in the report. 1. Publish comprehensive set of rules and policies regarding tennis courts and programs. 2. Ensure that all employees and contractors in the athletics division have copies of and understand the rules and policies. 3. Scheduled maintenance and repair on tennis courts will be communicated to the athletics division, general public and interested outside groups and posted at the affected courts. 4. Employees will be counseled on procedures for follow up and documentation on incidents and verbal communication. 5. Tennis court and tennis program policies will be made available to interested individuals and groups in the community. 6. The contract for the tennis court coordinator will be reviewed and updated annually. Contract language will include enforcement of rules and regulations that will be attached and made part of the contract. Mr. Smith said that he will forward a copy of this information to those individuals who spoke to City Council regarding these issues. He has suggested they contact Mr. Barefoot or Mr. Floyd to set a meeting to discuss these or any other issues they may have. Councilmembers Massey and Torrey thanked Mr. Smith and his staff for the work they have done on this and for it to be an ongoing process. Also, the Wizards for sharing their concerns. B. Propose paving of Autry Street from Ingram Street to Brinkley, and Thad Street from Ingram Street to Brinkley Street. Mr. Smith said after reviewing Engineer Walker’s information on the paving of these streets, he suggested these two portions of streets be placed at the bottom of the soil paving list and concentrate our efforts on the soil streets that have housing and businesses already on them. C. Report on status of Downtown Buildings. Inspections Supervisor Simpson verified for Councilmember Bolton that he had not been able to gain access to any of the Olde Fayetteville Investment properties on Hay Street, owned by Mr. and Mrs. Bill Hester. He reviewed the status of their self-imposed time schedule: 70l-A (MacPherson House house) should have been completed by the end of February and is nowhere near completion; 70l-B (cottage in back) has been completed; l07 Hay Street (Fleishman Property) was due to be completed by January 30, l995 and no repairs have been made and no building permits have been requested; 223 Hay Street (Veredy Trust) is to be completed by the end of February and no repairs have been made and no permits have been applied for; and 225-227 Hay Street (Dixie Billiards) has three months to completion, but there is no progress being made at this time. Mayor ProTem Blackwell requested that Council and Mr. Simpson have a very comprehensive discussion about what will be done with the deteriotation of downtown building by building at the upcoming Information Meeting. Councilmember McBryde said that the handling of the LaFayette Hotel set a precident of how Council should handle the other condemnations and action needs to be taken tonight. City Manager Smith said he had a concern with a couple of the cases with this Hay Street property, in that the city sold property at below market value in return for and agreement to do certian things. We went through the upset bid process and advertised in that process that these things would be done as part of the purchase agreement. There has been interest in those properties by other people. Mr. Smith said that Council could either proceed with the demolition orders or to sue for breech of contract and take the buildings back. City Attorney Cogswell advised that we could only enforce the demolition order on the l07 Hay Street property because we do not own the property. Mr. Smith reminded Council that this is the second schedule submitted by Olde Fayetteville Investments. He said that when they could not meet the first schedule last June, Council asked for a schedule they felt they could meet and they submitted this one, which is not in accordance with the purchase contract. Mr. Cogswell said that with regard to 223 Hay Street, Council can enforce the demolition order. This means that if they don not carry it out then the City can perform the work and put a lien on the property for the cost. Councilmember Bolton moved to enforce the demolition ordinances on l07 Hay Street and 223 Hay Street, seconded by Councilmember Kendrick. Mayor ProTem Blackwell said he did not disagree with what needs to be done but cannot support it because the owners had left the meeting and did not know of the discussion on their properties. Councilmember Ross agreed with Mr. Blackwell. Councilmember Kendrick reminded Council that when they granted the second schedule to the Hesters, it was stipulated that if the schedule was not met, demolition would follow. Mayor called for a vote and it carried 5 to 2 with Mayor ProTem Blackwell and Councilmember Ross voting in opposition and Councilmembers Cheek and Robertson absent. Mayor ProTem Blackwell moved to schedule an update for the March 27th Information Meeting on all of the buildings downtown listed on the computer printout and any results of tonight's action, seconded by Councilmember Massey and carried unanimously 7 to 0 with Councilmembers Cheek and Robertson absent. Dr. Blackwell requested that Mr. Simpson bring specific recommendations to that meeting. Mr. Smith reviewed the beginning process of the Hesters acquiring the 70l Hay Street property and that it is not a hazard to health and welfare to the public; however, they are not meeting the obligations under a contract. He recommended meeting with them to find out why they have not met those obligations and what they intend to do to meet them. Councilmember Bolton had concerns about their arrogance with which our Inspection Department has not had response to messages, nor been allowed access to the buildings to perform inspections. He said there should be meetings with the Hesters in this regard and to find out their intentions. Mr. Smith suggested that a meeting be set up with Mr. Cogswell present to discuss the seriousness of the situation and the fact that the Council is very serious about it and report back the results. This will include 70l and 225-227 Hay Street. At this time, Councilmember Ross asked Mr. Simpson about a house on Person Street that looks to be in very bad shape. Mr. Simpson replied that it should either be demolished by now or be in the process of being demolished. Mayor ProTem Blackwell requested Mr. Simpson investigate a place on the corner of McPherson Church and Cliffdale Roads in Westwood Subdivision that has a wrecked vehicle, an abandoned vehicle and several cars. Mr. Smith then addressed the LaFayette Hotel building. He said the problems and concerns with the security of the building had been solved. The building has been boarded up and a chainlink fence put up across the back of the building. Mr. Smith said the next step is to get the building safe enough to open up the street again. He said progress is being made and he will keep Council informed on a regular basis. D. Vanstory Hills Community Information Meeting. Report submitted in the agenda packet. At this time, City Attorney Cogswell referred to item 6. He asked the Mayor to verify his mistaken vote. Mayor Dawkins said he meant to vote against the delay and accidentally pushed the wrong button. INFORMATION ITEMS: 1. Effects of downstream drainage runoff resulting from construction of new Briarcreek Place Subdivision located near intersection of Dartmouth Drive and Colgate Drive. (Requested by Councilmember Mark Kendrick). 2. Recreation and Parks Advisory Commission - minutes of January 23, 1995. 3. Letter from Stephen Wheeler of Holmes Electric regarding removal of downtown buildings. 4. Public Works Commission - minutes of February 8, 1995. 5. Community Information Meeting Calendar. There being no further business the meeting was adjourned at 9:45 p.m. upon motion and second. REGULAR MEETING MARCH 20, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 20, 1995 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John Smith, City Manager Roger Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer Al Mitchell, Planning Department Mike Walker, City Engineer Louis Chalmers, City Traffic Engineer Frank Simpson, Inspection Superintendent Karl Legatski, Planning Board Member Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Rev. John Tyson, Valley United Methodist Church offered the Invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Councilmember Cheek said she had described city government to second graders at Margaret Willis Elementary School in the classrooms of Mrs. Williams and Mrs. Samuels, who were very interested citizens. She said they were very concerned about guns and violence and requested more parks. Dr. Cheek said she was very impressed with their comments about the good things as well as their concerns that were discussed. They presented a very impressive hand-made book to her for presentation to the entire council. Presentation of Honorary Citizen Certificates to Friends of the Renaissance Russian Exchange Program. The group consisted of 21 which included teachers, students and a General. They performed several dances from their country. The project coordinator was Sonja Rothstein, who is also the sister of Councilmember Kendrick. 1. APPROVAL OF AGENDA City Manager Smith requested to add item 12. for a closed session for acquisition of property on Hay Street and litigation. He also requested to delete item 6. because Chamber of Commerce President, J. David Jameson, will not be at tonight’s meeting. Councilmember McBryde moved to approve the agenda with the changes, seconded by Councilmember Bolton and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Cheek requested to pull item E. for discussion. Councilmember Bolton moved to approve the consent agenda with exception of E. After a second from Councilmember McBryde the consent agenda and following items were unanimously approved. A. Approve minutes of joint meeting with Cumberland County Commissioners of February 13, 1995. B. Approve minutes of regular meeting of February 21, 1995. C. Approve minutes of information meeting of February 27, 1995. D. Approve the rezoning from M2 Industrial District to R6 Residential District or to a more restrictive zoning classification for an area located at 1223 and 1227 North street and being the property of Joe and Lucille Jenkins (the 1.0 acre tract) as evidenced by deeds recorded in Deed Books 496, Page 256; and 2884, Pages 555-556; and David Jenkins (the 0.42 acre tract) as evidenced by deed recorded in Deed Book 4224, Page 148, Cumberland County Registry. (P95-20)) E. (Pulled for Discussion) F. Award of contract for construction of Cedar Creek Road sidewalk to Nortec Construction Services, Inc., of Fayetteville, N.C., low bidder in the amount of $210,050.00. (Bond Project) Bids received were as follows: Nortec Construction $ 210,050.00 McDonald Grading $ 214,927.00 Site Group Inc. $ 236,950.00 Triangle Paving Inc. $ 292,679.00 City Estimate $ 228,725.00 G. Award of contract for reconstruction of various streets to Crowell Constructors, Inc., low bidder in the amount of $795,392.50.(Bond Project) Bids received were as follows: City Estimate Crowell Barnhil l McDonald Part A Total $674,875.00 $611,150.00 $716,473.00 $725,125.00 Part B Total $ 32,330.00 $ 35,742.50 $ 42,232.50 $ 43,475.00 Part C Total $ 49,882.00 $ 69,450.00 $ 46,163.50 $71,224.00 Part D Total $ 51,892.00 $ 79,050.00 $ 69,334.00 $75,170.00 Grand Total $808,979.00 $795,392.50 $874,203.00 $914,994.00 H. Adopt Capital Project Ordinance Amendment Change 95-11 (Bonds - 1991). This amendment appropriates additional interest income of $16,893.00 available to the project. The interest income relates to the $2,550,000.00 Series 1991 Bonds which were sold in December 1991. I. Set public hearing for April 17, 1995, to consider the Community Development Block Grant (CDBG) program for the City of Fayetteville. 2.E. Set public hearing for April 3, 1995, to consider Cape Fear Valley Medical Center Parking Operations. Councilmember Cheek asked if the proposed permitting process for on-street parking at the Medical Center area streets would be for both sides of the street. City Attorney Cogswell said the idea in mind is for Council to create zones that would be on either side of the street and that they would be on a traffic schedule. He said the abutting property owners would apply to traffic engineering for permits for their employees and clients to park on those streets. Councilmember Cheek said she feels there is no point in having a public hearing on parking on public streets when they can do that now and this would be an enforcement nightmare because the area is too large. Councilmember Bolton moved to set a public hearing for April 3, 1995, as recommended, seconded by Councilmember McBryde. Councilmember Cheek offered substitute motion to return this to staff for a presentation and update concerning notification to businesses and the public on this item. Councilmember Massey seconded the motion and it failed 3 to 6 with Councilmembers McBryde, Bolton, Kendrick, Torrey, Ross and Blackwell voting against. Mayor Dawkins called for a vote on the main motion to set the public hearing for April 3, 1995, and it carried 8 to 1 with Councilmember Cheek in opposition. At this time Mayor Dawkins reminded everyone of the Joint City Council and Cumberland County Board of Commissioners Meeting at 5:00 p.m. on March 23, 1995, at the main library, Pate room, to discuss the downtown plan with Robert Marvin. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of revisions and amendments to change Incidental Home Occupation regulations in the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(10). Assistant Planning Director Al Mitchell introduced Mr. Karl Legatski, Planning Board member, who gave a brief background on this item and referred to the attachments submitted in the agenda packet. The Special Home Incidental Occupation Committee held a public hearing in January and the Planning Board had one in February. At Council’s request, he reviewed the attachment four, which was the final recommended amendment to the ordinance. Mr. Legatski said the bulk of the ordinance is a list of restrictions and prohibitions without referencing any particular occupation. The public hearing was opened at 8:22 p.m. with none to speak in favor. In opposition was George Butterfly, 1623 Gillespie Street. He said they do not need any new or amended ordinances but they need to better enforce the existing ones. He said this can be accomplished by more effective utilization of available manpower. Also appearing in opposition was Clinton Harris, 4713 Watauga Road. He referred to the portions dealing with pick up of products and was opposed to the home business not being able to allow customers to pick up their orders and having to hire a taxicab to make deliveries. Mr. Harris said the city is trying to stop the people that have a state permit to make wine in their home from selling it. He also referred to there being an employee allowed, but not be able to park or be dropped off there. There being none further to be heard on this matter the public hearing was closed at 8:32 p.m. Councilmember McBryde moved to refer this matter to Council’s Policy Committee, seconded by Councilmember Bolton. For clarification, Mr. Mitchell said there were fourteen possible items in the ordinance to be considered where things should be handled individually. He said the Committee reviewed the ordinances, heard everything at the public hearings and put together a consolidated ordinance draft, taking out ten sections that now individually speak to Incidental Home Occupation in the ordinance. He said they came up with performance standards instead of trying to list out every type of use, and if the businesses can meet those standards they can have the business in their home. Mr. Mitchell said attachment two is the stronger of the ordinances and is the one advertised for the public hearing with the Planning Board. Following a lengthy discussion, Councilmember McBryde moved to refer this matter to Council’s Policy Committee, seconded by Councilmember Cheek and carried 7 to 2 with Councilmembers Ross and Robertson voting in opposition. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour for the following: 1. Bethune Street 2. Sutton Street City Engineer Chalmers presented this item saying that he had received a petition signed by the majority of the residents on the reference streets, requesting the speed limit to be reduced to 25 miles per hour and he recommends adoption of the resolution. The public hearing was opened at 9:10 p.m. and speaking in favor was Raymond J. Dupere, 205 Bethune Street. He said he instigated this petition because both of these streets are short streets that are cut throughs from Morganton to Fort Bragg Road. Mr. Dupere said Alma Eason Elementary School is between these two streets and it is dangerous especially when the children are being dropped off or being picked up from school. He requested Council adopt the ordinance. AN ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL, BETHUNE STREET AND SUTTON STREET). ORDINANCE NO. NS1995-7. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book NS1995. C. Consideration of deletion of subdivision ordinance regarding the number of parking spaces per vehicular access. (Chapter 27-10[g][8]). Assistant City Manager Teal presented this item stating that this was at the request of a developer. Mr. Teal said the recommendation is to adopt the ordinance. AN ORDINANCE DELETING SECTION 27-10(g)(8). ORDINANCE NO. S1995-2. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Mayor Pro Tem Blackwell and carried unanimously. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book S1995. 4. Consideration of the rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 605 and 609 Humphrey Lane and being the property of Toni Andrea Thompson (P94-190)(Public hearing held on March 6, 1995) Assistant Planning Director Al Mitchell said research revealed that a small portion of this property was zoned C3 in 1965 and a smaller portion facing McIver Street is still R5. The Planning Board’s recommendation is still approval. Councilmember Cheek moved that 605 Humphry Lane is zoned C3 and 609 Humphry Lane remained R5 and that the petitioner be allowed to withdraw their application and requested that a refund be issued to the applicant. The motion was seconded by Councilmember Bolton. Councilmember Ross said that the fencing around that property gave the appearance of a prison camp and requested this be checked into. Mr. Mitchell said inspections department enforced the buffers and fencing. Mayor Dawkins called for a vote on the motion and it carried 8 to 1 with Councilmember Ross in opposition. 5. Consideration of the rezoning from R10 Residential District to R5A Residential District or to a more restrictive zoning classification for an area located on the north side of Tally-Ho Drive, north of Bragg Boulevard and west of Cain Road and being the property of P&C Rentals as evidenced by deed recorded in Deed Book 3309, Pages 166-167, Cumberland County Registry.(P95-19) Assistant Planning Director Al Mitchell presented this item with a recommendation by the Planning Board for denial of R5A and approval of R6. He said the main difference between these zones is that R5A allows 15 ½ units per acre and R6 allows 10 units per acre. Councilmember Bolton moved to follow the Planning Board’s recommendation for denial of R5A and approval of R6, seconded by Mayor Pro Tem Blackwell and carried 6 to 3 with Councilmembers Ross, Cheek and Robertson voting in opposition. 6. Consideration of request to address City Council from J. David Jameson, President, Fayetteville Area Chamber of Commerce. Pulled from the agenda. 7. Consideration of adoption of resolution authorizing the transfer of street maintenance responsibilities from the City of Fayetteville to the North Carolina Department of Transportation for the following streets: A. Robeson Street: from CBD Loop to Rankin St. B. Bragg Blvd/Robeson St (Formally US 401 S Bus)from Rowan Street to Rankin St. C. Rankin/Winslow/Hillsboro/Walter/Bragg Blvd(formally US 401 N Bus) from Robeson St to Rowan St. This item was presented in the agenda packet with a recommendation to adopt the resolution. RESOLUTION AUTHORIZING THE TRANSFER OF STREET MAINTENANCE RESPONSIBILITIES TO NCDOT. RESOLUTION NO. R1995-27. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. 8. Consideration of approval of Affordable Housing Coalition Criteria for City of Fayetteville Down Payment Assistance Program. This item was presented in the agenda packet with a recommendation for approval. The criteria is as follows: Affordable Housing Coalition Eligibility Criteria for City of Fayetteville Down Payment Assistance Eligible location of property: within City Limits. Income guidelines: 115% Cumberland County Median income $36,110. Borrower’s required down payment: minimum $500. City lien position: secondary. City Loan Repayment: Deferred, to begin in the 6th year - interest to accrue at 1% to 2% or the presiding rate for servicing loan accounts beginning in the 6th year. Maximum cash on hand after closing: $1,000 Restrictions: Unpaid portion of City loan due at sale or “cash out” refinance. Maximum assistance allowed: $3,000 (based on need). Uses: down payment and/or closing costs. Councilmember Bolton moved to approve the criteria as recommended, seconded by Councilmember Kendrick and carried unanimously. 9. Consideration of setting joint meeting between Fayetteville City Council, Cumberland County Commissioners and Joint Planning Board for discussion of planning, zoning, and rezoning in the City and County.(Suggested meeting: March 30, 1995, 7:00 p.m., Room 119, County Courthouse Building) Council took no action because of conflicts in date and will set the meeting with the County Commissioners at the upcoming Joint Meeting. 10. APPOINTMENTS: A. Nominations to fill three vacancies on Human Relations Commission. Lois Moses was elected for a second term and Dr. Thomas Hennessey was elected for a first term. Councilmember Ross nominated Jesse Brayboy for a second term. B. Nominations to fill one vacancy on Redevelopment Commission. There were no nominations for this vacancy. C. Nominations to fill one vacancy on Joint Senior Citizens Advisory Committee. Etta “Pat” Deyear was elected to fill the unexpired term to September 1996. 11. ADMINISTRATIVE REPORTS: A. Revised Statement of taxes collected for the month of July, 1994, from the Cumberland County Tax Collector in the amount of $369,698.11. B. Statement of taxes collected for the month of February, 1995, from the Cumberland County Tax Collector in the amount of $717,538.87. 12. Closed session for acquisition of property on Hay Street and for litigation. City Attorney Cogswell stated that the litigation is for defendants Elgie Dallas and John D. Wildgen and wife Teresa and the Community Bank of the Ozarks. The closed session is also for acquisition of property on Hay Street. Councilmember McBryde moved to enter closed session for litigation and acquisition of property, seconded by Mayor Pro Tem Blackwell and carried unanimously at 9:30 p.m. Council reconvened in regular session at 9:45 p.m. (A) City Attorney Cogswell recommended settlement of Dallas Street in the amount of $600. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Robertson and carried unanimously. (B) City Attorney Cogswell recommended to acquire the following properties on Hay Street parcel K10 - Cook property in the amount of $35,000; parcel K8 - McDougald property in the amount of $135,000; parcel K2 - Kikis property in the amount of $55,000; and parcels C2, 3 and 8 - Deem property in the amount of $200,000. Councilmember Robertson said he is opposed because it comes in over the appraised value and over the second appraisal for the recommendation of settlement. Councilmember McBryde moved to follow the recommendation to acquire the properties, seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Robertson in opposition. INFORMATION ITEMS: 1. Joint City/County Downtown Committee - minutes of March 15, 1995. 2. Status Report of Downtown Major Street Resurfacing Project. 3. Memo from George Vaughan, Planning Director, regarding status of 2010 Plan. (Per request of Councilmember Kendrick) 4. TCC - minutes of February 23, 1995. 5. TAC - minutes of March 7, 1995. 6. Report on Briarwood/Clairway Subdivisions Traffic Operations. 7. Report on Morganton Road/Loch Haven Traffic Operations. 8. Press release regarding PWC Public Service Campaign. 9. PWC - minutes of January 25 and February 22, 1995. 10. Police Department - monthly report from Office of Professional Standards. 11. Board of Adjustment - minutes of February 15, 1995. 12. Human Relations - minutes of February 9, 1995. 13. Appearance Commission - minutes of February 9, 1995. 14. Open Spaces Study Committee - minutes of February 13, 1995. 15. Airport Commission - minutes of February 28, 1995. 16. Historic Resources Commission - special meeting notice. 17. Letter from Donald Talbot regarding youth. There being no further business the meeting was adjourned at 9:55 p.m. upon motion and second. JOINT MEETING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS MARCH 23, 1995 FAYETTEVILLE CITY COUNCIL JOINT MEETING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS J. W. PATE ROOM AT CUMBERLAND COUNTY LIBRARY MARCH 23, 1995 5:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Nat Robertson, Milo McBryde, Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek, Mark Kendrick and Tommy Bolton Absent: Councilmembers Breeden Blackwell and Ida Ross Mayor Dawkins called the meeting to order and introduced Mr. Mac Healy, Chairman of the Committee For A Complete Fayetteville Once and For All. Mr. Healy introduced Mr. Robert Marvin, Consultant to the Committee. A copy of the Cumberland County Board of Commissioners minutes for this meeting is attached and incorporated into these minutes. Upon motion by Councilmember Kendrick, seconded by Councilmember McBryde Council voted unanimously to adjourn the meeting at 6:10 p.m. INFORMATION MEETING MARCH 27, 1995 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MARCH 27, 1995 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John Smith, City Manager Roger Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer Pete Piner, Fire Chief Kai Nelson, Finance Director Frank Simpson, Inspection Superintendent Steve Blanchard, PWC Manager Ray Britt, PWC Finance Services James Rose, PWC Support Services Steve Vassey, PWC Customer Service Lyndo Tippett, PWC Chairman Milt Wofford, PWC Member Walter Vick, LSV Partnership Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Fire Chief Piner, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins said there have been several deaths of prominent citizens in the past few days and we want to remember their families--Robert Moye, Human Relations Division, was killed in an auto accident; Ted Rose, Sr., former member of the Civil Service Commission, Airport Commission and City Council; J. Lee Warren, active in the community; Davida Breece, wife of Funeral Director Bobby Breece; and one of the sons of a former Councilmember and Airport Commission Member Joe Pillow (deceased). 1. APPROVAL OF AGENDA City Manager Smith said item 5. should read “property negotiation” instead of “site selection” for the fire station and item 9. can be deleted. Councilmember Kendrick requested to add as item 9. discussion of the intersection of Levy/Robeson Streets and Raeford Road/Purdue Street and Methodist College. Councilmember McBryde moved to approve the agenda with the changes, seconded by Councilmember Kendrick and carried unanimously. 2. Presentation of building plans for PWC complex. A detailed update was presented in the agenda packet to Council. PWC Manager Steve Blanchard, reviewed the status of the proposed downtown branch office. He said this would be a full service center and a firm commitment has been made to Weil Enterprises. Steve Vassey displayed a preliminary floor plan, which would be approximately 4000 square feet for PWC use and a total of more than 9000 square feet. An update report on the status of PWC Operations Complex was also submitted. Mr. Rose reported that PWC completed the purchase of the 65 acre from the City in fiscal year 1987 at a cost of $417,995. Council unanimously approved this sale of the site to PWC for the purpose of developing a centralized complex. He showed slides of new construction sites and the location of proposed buildings. Walter Vick, LSV Partnership (Architect), presented an update on the schematic design floor plan and the architectural program for the Administration Building/Operation Center Facility. There was discussion by Council concerning the possibility of the administration building remaining downtown (with approximately 145 employees) and operations moved to the new location (with approximately 230 employees). PWC Chairman Lyndo Tippett made closing remarks. 3. Consideration of Bond Order. Councilmember Bolton requested to abstain on item 3 as in the past. Councilmember McBryde moved to excuse Councilmember Bolton from discussion or voting on item 3 as requested, seconded by Councilmember Blackwell and carried unanimously. This item was presented by City Manager Smith with a recommendation by PWC for approval. Mr. Smith gave a brief background on what has taken place so far and what the options are for proceeding. He said approval by Council of the bond order and approval by the Local Government Commission will need to be accomplished. He said the next LGC meeting will be April 4, 1995. Mr. Smith said there have been some changes in the bond order, therefore, it needs to be placed on the next agenda. Mr. Smith said Council had three options. The first would be to adopt the bond order as submitted. He said the bond order does not specify the location of the project. The second option would be to take no action on the bond order and amend the LGC application by eliminating all building projects. Mr. Smith said the third option would be to take no action on the bond order and amend the LGC application by eliminating the Administration portion of the building projects. He said the necessary and essential water and sewer projects could continue unabated and the financing schedule would be delayed approximately one month. The balance of the project could be financed in a separate revenue bond at some point in the future, increasing the cost of issuance by approximately $50,000 to $100,000 and place the future sale at higher interest rate risks, and increase the project costs through higher construction costs. Mayor Pro Tem Blackwell moved to follow the third option to take no action on the bond order and amend the LGC application by eliminating the Administration portion of the building projects to permit PWC to continue with the water and sewer components and continue with the Operation Center. The motion was seconded by Councilmember Cheek and discussion followed. Councilmember Ross said she would have to vote against the motion because of the increase in cost to the taxpayers. Mayor Pro Tem Blackwell called for the question and it carried 6 to 2 with Councilmembers Kendrick and Torrey voting against ceasing debate. Mayor Dawkins called for a vote on the main motion and it carried 5 to 3 with Councilmembers Robertson, Torrey and Ross voting in opposition and Councilmember Bolton abstaining. 4. Consideration of demolition contract for the 400 Block of Hay Street. This item was presented in the packet with a recommendation to award the contract to D. H. Griffin Wrecking Company, Inc., lowest responsible and most qualified bidder in the amount of $27,000. Councilmember Bolton moved to follow the recommendation to award the contract, seconded by Councilmember Kendrick. Councilmember Robertson offered a substitute motion to delay this project seven to ten months until Robert Marvin’s study is completed. The motion failed 2 to 7 with Councilmembers Cheek, Massey, Blackwell, McBryde, Bolton, Torrey and Kendrick voting in opposition. Mayor Dawkins called for a vote on the main motion and it carried 7 to 2 with Councilmembers Ross and Robertson in opposition. 5. Consideration of property negotiation for fire station. (Closed session.) Councilmember McBryde moved to enter closed session for property negotiation, seconded by Mayor Pro Tem Blackwell and carried 7 to 2 with Councilmembers Robertson and Ross in opposition at 10:07 p.m. Council reconvened into regular session at 10:18 p.m. 6. Consideration of selection of architect for fire station. This item was submitted in the packet with a recommendation to authorize a contract with Heery International, P.C. not to exceed $34,240. Councilmember Bolton moved to follow the recommendation to award the contract, seconded by Mayor Pro Tem Blackwell and carried unanimously. 7. Discussion of downtown properties. Director of Inspections, Frank Simpson, reviewed the list of properties under consideration. 8. Review of Ordinance Violation Civil Penalties. City Attorney Cogswell presented this item with charts summarizing Civil Penalties that were prepared by Assistant City Attorney Karen Musgrave. He recommended that Council proceed with the ordinance amendment. Council reviewed these. Councilmember Kendrick asked Mr. Cogswell to report back on who issues citations on handicapped parking. Mayor Pro Tem Blackwell said he felt the fine for derelict vehicles should be increased. Mr. Cogswell recommended that Council proceed with the ordinance amendment. Mr. Cogswell said he would submit an amended ordinance at the next meeting and have a separate amendment for the derelict vehicles for Council to decide on a penalty fee. 9. Discussion of Levy/Robinson Streets, Raeford Road crosswalk and traffic signal at Methodist College at the request of Councilmember Kendrick. Mr. Kendrick said the reason he wanted to bring these topics up for discussion is because of them being hot issues at community meetings that have been held. City Manager Smith said we would need to determine what the Council’s position is--whether or not a policy is wanted and if Council wants to participate in traffic signals on DOT maintained intersections and at that point make a written request to DOT as to what their position would be. Mr. Smith said DOT has approved the traffic light at Morganton Road at Loch Haven, but money will not be in the budget until next fiscal year and it would probably be about 18 month before it could be installed. He said even if the city paid to have the light installed, they would take approximately six months because of designing, ordering and installation. It was consensus of Council that this be sent to Council’s Policy Committee. There being no further business the meeting was adjourned at 10:50 p.m. REGULAR MEETING APRIL 3, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING APRIL 3, 1995 7:00 P.M. CITY HALL COUNCIL CHAMBER Present: Mayor J.L. Dawkins - (arrived at 7:35 p.m.) Mayor Pro Tem J. Breeden Blackwell, (at-large); Councilmembers Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John Smith, City Manager Roger Stancil, Deputy City Manager Ben Brown, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer Al Mitchell, Planning Department James Rose, PWC Staff Sandy Saunders, Parks and Recreation Advisory Chairman Ken Weeden, Consultant Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Dr. Bruce Martin, pastor at Village Drive Baptist Church followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Miss Teen Fayetteville 1995, Heather Harris, a junior at the Fayetteville Academy spoke a few words to Council and the audience following Mayor Pro Tem’s presentation of the beautiful red roses. Councilmember Bolton moved to excuse Mayor Dawkins until his arrival, seconded by Councilmember Massey and carried unanimously. 1. APPROVAL OF AGENDA City Manager Smith said that item 2M. should include adoption of a resolution in the item. Councilmember Torrey moved to approve the agenda with the change, seconded by Councilmember Bolton and carried unanimously. 2. CONSENT: Mayor Pro Tem Blackwell presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull item A. Councilmember Bolton moved to approve the consent agenda with exception of item A. After a second from Councilmember Cheek the consent agenda and following items were unanimously approved. A. (Pulled for discussion) B. Approve tax refunds over $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. C. Adopt Capital Project Ordinance Number 95-5 (1994 General Obligation Bonds). The ordinance appropriates the proceeds of the bond sale of $6,900,000 including anticipated interest earnings of $330,000 for a total of $7,230,000.00. D. Approve request from Fayetteville Generals for fireworks displays on the following dates: (Contingent upon Fire Prevention Bureau conditions being met) 1. April 6, 1995 2. April 22, 1995 3. May 20, 1995 4. July 2, 1995 5. August 25, 1995 E. Approve award of contract for purchase of 300 Switches, Fused Cutout, 100A Ld. Bk, 25kV, to Westinghouse Electric Supply Company, low bidder meeting specifications in the amount of $31,305.00. (PWC) Bids received are as follows: WESCO (Raleigh, NC) $31,305.00 CED (Charlotte, NC) (Did not meet specs) $27,507.00 Eastern Electric (Rocky Mount, NC) $79,200.00 Power & Telephone (Nashville, TN) $78,966.00 Rigby Electric (Rocky Mount, NC) $75,750.00 Scott Parish (Raleigh, NC) $76,929.00 Tennessee Valley (Knoxville, TN) (Did not meet specs) $24,108.00 F. Approve award of contract for purchase of 150, 35’ Fiberglass Poles to Rigby Electric Supply, low bidder in the amount of $52,947. (PWC) Rigby Electric (Rocky Mount, NC) $52,947.00 CED (Charlotte, NC) $53,640.00 Eastern Electric (Rocky Mount, NC) $54,150.00 HESCO (Smithfield, NC) $62,212.50 Power & Telephone (Nashville, TN) $55,420.50 Power Supply (Matthews, NC) $53,400.00 Scott Parish (Raleigh, NC) $54,003.00 Tennessee Valley (Knoxville, TN) $87,750.00 WESCO (Raleigh, NC) $55,425.00 G. Approve award of contract for purchase of 20, GOAB Switches, 25kV, RLB-600, Horizontal, to HESCO (Smithfield, NC), lowest evaluated bidder in the amount of $42,140. (PWC) Bids received are as follows: Evaluated Unit Cost Total Purchase Price HESCO (Smithfield, NC) $1,375.74 $42,140.00 CED (Charlotte, NC) $1,812.25 $35,500.00 Eastern Electric (Rocky Mount, NC) $1,492.00 $44,800.00 Power Supply (Matthews, NC) $1,800.00 $42,000.00 Rigby Electric (Rocky Mount, NC) $1,588.00 $37,760.00 Tennessee Valley (Knoxville, TN) $1,612.33 $32,140.00 H. Approve award of contract for purchase of 40, 75kVa Padmount Transformers to HESCO (Smithfield, NC), lowest evaluated bidder in the amount of $52,680. (PWC) Bids received are as follows: Evaluated Unit Cost Total Purchase Price HESCO (Smithfield, NC) $2,484.00 $52,680.00 National Transformer (Raleigh, NC) $2,650.00 $62,920.00 Power Supply (Matthews, NC) $2,790.00 $78,080.00 Rigby Electric (Rocky Mount, NC) $2,787.00 $77,960.00 WESCO (Raleigh, NC) $2,564.00 $58,400.00 I. Approve award of contract for purchase of 20, 100kVa Padmount Transformers to HESCO (Smithfield, NC), lowest evaluated bidder in the amount of $31,440. (PWC) Bids received are as follows: Evaluated Unit Cost Total Purchase Price HESCO (Smithfield, NC) $3,035.00 $31,440.00 National Transformer (Raleigh, NC) $3,270.00 $37,760.00 Power Supply (Matthews, NC) $3,347.00 $45,800.00 Rigby Electric (Rocky Mount, NC) $3,348.00 $45,820.00 WESCO (Raleigh, NC) $3,191.00 $34,920.00 J. Approve award of contract for purchase of 225, 25kVa CSP Transformers to National Transformer Sales (Raleigh, NC), lowest evaluated bidder in the amount of $118,800. (PWC) Bids received are as follows: Evaluated Unit Cost Total Purchase Price National Transformer (Raleigh, NC) $1,065.00 $118,800.00 HESCO (Smithfield, NC) $1,194.00 $128,700.00 Power Supply (Matthews, NC) $1,109.00 $166,275.00 Rigby Electric (Rocky Mount, NC) $1,107.00 $165,826.00 Scott-Parish (Raleigh, NC) $1,094.00 $131,976.00 WESCO (Raleigh, NC) $1,188.00 $155,925.00 K. Adopt resolution authorizing Deep Creek Road and CSX Railroad Signalization Improvement Project. RESOLUTION WHEREAS, the Department of Transportation, an agency of the State of North Carolina, pursuant to the provisions of G.S. 136-18(12) proposes to contract with the Federal Highway Administration to obtain Federal-Aid funds for the improvements in the protective devices at certain highway-railway crossings on the Municipal Street System for which the Municipality is responsible; and WHEREAS, the Municipality will reimburse the Department of Transportation for any and all expense incurred in the planning, design and installation of the protective devices incurred by the Department of Transportation, not reimbursed by the Federal Highway Administration; and WHEREAS, in order to carry out the aforesaid projects and to promote the public interest and general welfare of the Municipality, it is necessary for the Municipality to enter into a contract with the Department of Transportation to provide for the installation and maintenance of the protective devices at certain highway-railroad crossings on the Municipal Street System. NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor and the Clerk of the Municipality of Fayetteville are hereby formally authorized to enter into a contract with the Department of Transportation to obtain Federal-Aid highway funds necessary to improve the protective devices at the said grade crossing, for the Department of Transportation to perform certain work, and the Mayor and Clerk of the Municipality are hereby empowered to sign and execute the required agreement between the Municipality and the Department of Transportation. L. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, of the City of Fayetteville Code of Ordinances, Traffic Schedule Number 14 “Yield Control” and Traffic Schedule Number 6 “Stop Control” for Huntsfield Road and Ferncreek Drive. AN ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #6-STOP, INTERSECTIONS HUNTSFIELD ROAD AT FERNCREEK DRIVE) ORDINANCE NS1995-008 AN ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #14-YIELD RIGHT OF WAY, INTERSECTIONS HUNTSFIELD ROAD AT FERNCREEK DRIVE) ORDINANCE NS1995-009 Copies of the foregoing ordinances are on file in the clerk’s office in Ordinance Book NS1995. M. Adopt resolution for release of a portion of utility easement. RESOLUTION AND ORDER ABANDONING EASEMENT. (LOT 3, BROADWELL SUBDIVISION) RESOLUTION NO. R1995-28. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. N. Set public hearing for May 1, 1995, to consider an application by James H. Smith for a Special use Permit as provided for by the City of Fayetteville Code of Ordinances, Section 32-29(14) to allow miniwarehousing in a CIP Shopping Center District for an area located at 1675 Cedar Creek Road and being all of Tract One, the property of James H. Smith as evidenced by deed recorded in Deed Book 3843, Page 298, all of Tract Two, the property of Albert and Kimberly Smith as evidenced by deed recorded in Deed Book 2783, Page 117, and a portion of Tract Two, the property of James and Kathleen Williams as evidenced by deed recorded in Deed Book 475, Page 260, Cumberland County Registry, and by map and legal description on file with the Planning Department. (P95-33) O. Set public hearing for May 1, 1995, to consider the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at the southeast corner of East Loch Haven Drive and Morganton Road and being the property of Harold and Lillian Stutts as evidenced by deeds recorded in Deed Books 459, Page 337 and 744, Pages 30-31, Cumberland County Registry. (P95-34) P. Set joint public hearing with Historic Resources Commission for April 17, 1995, to consider local landmark designation of the Adeline Burr Davis Green House, 204 Hillside Avenue. Q. Adopt resolution setting public hearing for April 17, 1995, to consider a resolution pursuant to N.C.G.S. 160A-31(c) for annexation of the rear portion of campus of Cape Fear Valley Medical Center (Property of Cumberland County) (Petition-initiated annexation) RESOLUTION (DIRECTING THE CITY CLERK TO INVESTIGATE SUFFICIENCY OF PETITION IN SETTING PUBLIC HEARING FOR APRIL 17, 1995. RESOLUTION NO. R1995-29. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. 2-A. Approve minutes of regular meeting of March 6, 1995. Councilmember Kendrick referred to page 9 item 7 of the minutes concerning the transfer of property to Habitat for Humanity. Mr. Kendrick requested that the response and guarantee concerning the drainage situation there by Mr. Ben Brown be included in the minutes. Mr. Brown said that the City Engineer will work with the building superintendent for Fayetteville Area Habitat, who will identify and agree on any shortfalls where the locks will be so-noted at that time. Councilmember Kendrick moved to delay action on the minutes until they are amended and submitted on the next regular meeting agenda, seconded by Councilmember Bolton. Councilmember McBryde said it was his understanding that the city would not make the deal unless they agreed to hold us harmless on drainage problems. Mr. Brown verified this. Mayor Pro Tem Blackwell called for a vote on the motion to delay action until the next meeting on the amended minutes and it carried unanimously. 3. PUBLIC HEARINGS: Mayor Pro Tem Blackwell reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of an application by the Olde Fayetteville Association for a special use permit as provided for by the City of Fayetteville Code of Ordinances, Section 32-59.1(z) to allow the placement of festival signs for special events in various locations throughout the City as evidenced by a location map on file with the Planning Department. (P95-24) This item was presented by Assistant Planning Director Al Mitchell with a recommendations for approval. This is the advertised public hearing. Councilmember Cheek asked Mr. Mitchell if this is an addition to the existing special use permit by adding extra signs rather than replacing signs. Mr. Mitchell responded that this is correct. Councilmember Torrey requested Mr. Mitchell to identify the site number three on the display map. Mr. Mitchell said it was the Fayetteville State campus near the main entrance road off of Murchison Road. The public hearing was opened at 7:19 p.m. and the City Clerk administered the oath to Missy Stoddard, Olde Fayetteville Association. She said they currently have 11 signs in place and want to add nine additional signs. They have received approval from each of the property owners. Ms. Stoddard said that the sign on Fayetteville State University would be located at Murchison Road and Langdon Street on the campus. There were none to appear in opposition and the public hearing was closed at 7:21 p.m. Councilmember Bolton moved to approve the request for the Special Use Permit, seconded by Councilmember Kendrick and carried unanimously. B. Consideration of adoption of ordinance establishing No Parking Zones or restricted parking zones for the following streets in the Cape Fear Valley Medical Center area: 1. Avon Street 2. Medical Drive 3. Sandhurst Drive 4. Walter Reed Road Traffic Engineer Louis Chalmers presented this item and reviewed the results from the meetings with the area property owners. From this he has three suggested options for improving parking operations on public streets in the Cape Fear Valley Medical Center area: (1) post No Parking at requested driveways, (2) establish No Parking on one side of each street, and (3) Establish parking permit zones on area streets where parking is permitted. This is the advertised public hearing. The public hearing was opened at 7:32 p.m. and speaking in favor was Dr. Robert B. Taylor, 3416 Melrose Road. He said their parking spaces are by code standards for their employees but at peak times, their patients cannot find a place to park. He requested parking by permit only, leaving his lot available for patients. Mayor Dawkins arrived at 7:35 p.m. Speaking in opposition was Tuesday Price, 613 Bromsworth Trail, Andrea Corucci, 2H Briarwood Circle, and Dot Crawford, 6912 Twin Creek Court. They all work at Cape Fear Valley Medical Center and said that construction has taken up a lot of parking. They said it is 1.6 miles to walk in from the back of the parking lot to the time clock and that is why a lot of medical center employees park on the street. They said they feel the parking should not be limited to employees of the doctors’ offices only and not to the medical center. There being none further to be heard on this matter, the public hearing was closed at 7:41 p.m. Councilmember Robertson asked Mr. Beach, Support Services of Cape Fear Valley Medical Center, if they could endorse this option or would they want it to be delayed until their staff can work out another option that would be better for the medical center. Mr. Beach said they had been aware of the problem for some time. He said that because of growth and added staff they had made arrangements with Village Drive Baptist Church approximately 2 ½ years ago for the medical center employees to park at the church. Mr. Beach said they hoped to have the parking deck ready by this time next year with 652 spaces. He said that they are currently looking for other methods to help with the employees’ parking problems. Mr. Beach said their preference would be to have restricted parking for one side of the street, let them try to get some off-campus parking, and give them two to three months to get that program underway and then council could come back with parking by permit only. Councilmember Kendrick said the problem is not who parks there, but the safety for the area and for emergency vehicles to have turnaround and travel space. Councilmember Kendrick moved to adopt an ordinance following the staff recommendation to limit parking to one side of the street, seconded by Councilmember Massey. Councilmember Bolton offered a friendly amendment to have staff revisit the area in 90 days and the amendment was accepted. The vote was unanimous to adopt the following ordinance. AN ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 11-PARKING PROHIBITED, CAPE FEAR VALLEY MEDICAL CENTER AREA) ORDINANCE NO. NS1995-10 A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book NS1995. 4. Consideration of request to address City Council from J. David Jameson, President, Fayetteville Area Chamber of Commerce. J. David Jameson, Chamber of Commerce president, introduced Glenda Marjoram, vice president of community development for the chamber, and Cathy Lada, manager of the local government relations and Johnny L. Dawkins, chamber chairman. Mr. Dawkins presented to council on behalf of the Chamber of Commerce, a notebook containing their business plan, annual report and calendar of events. He said the last 140 pages of this book contained only what’s good about this community. 5. Consideration of the following requests from the Parks and Recreation Advisory Commission: (1) Naming of new recreation center at Seabrook Park in honor of Arthur D. “Monk” Smith. Parks and Recreation Advisory Chairman Sandy Saunders presented a request of the commission of the naming of the new recreation center at Seabrook Park in honor of Mr. Smith because he has been such a driving force in the community and to young people. He also said there was a request to name the ballfield in honor of L.R. Sanders, who had served his community and the city well as an employee of the Parks and Recreation Department for many years. Councilmember Massey asked Ms. Ernestine Williams Smith to say a few words as a representative from the community. Ms. Smith said that Monk Smith grew up in that park and was a big influence on young people that have since grown up. She asked council not to deny him this recognition. Councilmember Blackwell moved to follow the recommendation of Parks and Recreation Advisory Commission to name the new recreation center at Seabrook in honor of Arthur D. “Monk” Smith and the baseball field in honor of L.R. Sanders, seconded by Councilmember Robertson. Councilmember Torrey said that Monk Smith has done a lot but not enough to have the recreation center named after him and others more deserving are being overlooked. Councilmember Torrey offered a substitute motion to name the gymnasium in the new recreation center after Monk Smith. There was no second. Following further discussion, Mayor Dawkins called for a vote on the main motion and it carried 8 to 1, with Councilmember Torrey in opposition. (2) Increase civil penalties associated with Chapter 21A Parks and Recreation of the City Code. Reverend Saunders presented this recommendation from Parks and Recreation Advisory Commission for adoption of the ordinance increasing civil penalties for Parks and Recreation. AN ORDINANCE AMENDING SECTION 21A-20, OFFENSES; ENFORCEMENT, OF CHAPTER 21A, PARKS AND RECREATION. ORDINANCE NO. S1995-3 Councilmember Bolton moved to adopt the foregoing ordinance, seconded by Councilmember Robertson and carried unanimously. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book S1995. 6. Consideration of adoption of ordinances increasing various civil penalties: A. Abandoned/Derelict Vehicles Councilmember Bolton moved to adopt the ordinance with a $250 fine, seconded by Councilmember Blackwell. Councilmember Robertson said he feels $250 is too excessive for automobiles on someone’s property. Mayor Dawkins called for a vote on the motion and it carried 5 to 4 with Councilmembers Robertson, Massey, Cheek and Ross in opposition. This ordinance will be presented on the next agenda for a second reading. B. Zoning Violations City Attorney recommended this item be referred to the Planning Board. Councilmember Kendrick moved to follow the recommendation seconded by Councilmember Bolton and carried unanimously. C. Parks and Recreation recommendations This item was adopted at item 5 (2). D. Other civil penalties. City Attorney Cogswell said that section 6 of the proposed ordinance increases penalties from $5 to $25. This includes fire exit penalties. AN ORDINANCE AMENDING VARIOUS SECTIONS REGARDING CIVIL PENALTIES. ORDINANCE NO. S1995-4 Councilmember Bolton moved to adopt the foregoing ordinance seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book S1995-4. 7. Presentation of update regarding development of the City’s Consolidation Plan (HUD). Assistant City Manager Brown introduced Planning Consultant Ken Weeden to give a brief review of the summary presented in the agenda packet. Mr. Weeden said since the last status report a rough draft of the city’s new HUD Consolidated Plan has been completed and consists of four major sections: 1. housing and community development needs, 2. housing market analysis, 3. five-year strategies and priority needs and 4. one-year action plan (activities proposed for funding for the first year. Mr. Weeden said the four areas with the greatest need appeared to be: 1. Greater Old Wilmington Road NCBA 2. Branson Street-Savoy Heights NCBA 3. Deep Creek Road NCBA 4. Murchison Road-Fayetteville State University corridor He said there will be a public hearing before City Council before the deadline to be submitted to HUD. 8. APPOINTMENTS: A. Nominations to fill one vacancy on Human Relations Commission. Councilmember Kendrick moved to elect Mr. Jesse Brayboy for a second term, seconded by Councilmember Torrey and carried unanimously. B. Nominations to fill one vacancy on Redevelopment Commission. There were no nominations. C. Nominations to fill one vacancy on Appearance Commission. Councilmember Kendrick nominated Mr. Matthew M. Smith to fill the unexpired term to December 1995. At this time Councilmember Ross displayed a vest she was wearing that was covered with buttons and badges that represented one-half of the ones she has received from people at different conventions. Mayor Pro Tem Blackwell requested to be excused from the May 17 meeting due to being out of town. Councilmember Bolton moved to follow the request seconded by Councilmember McBryde and carried unanimously. There being no further business, the meeting was adjourned at 9 p.m upon motion and second. REGULAR MEETING APRIL 17, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER APRIL 17, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Milo McBryde (at-large); Nat Robertson (at-large) (arrived at 7:29 p.m.); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5) (arrived at 7:08 p.m.); Mark Kendrick (District 6) Absent: Mayor Pro Tem J. Breeden Blackwell, (at-large) - excused Others Present: John Smith, City Manager Roger Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer George Vaughn, Planning Director Lisa Novick, Planner Ken Weeden, Consultant Kai Nelson, Finance Director Al Mitchell, Chairman FACTS Steve Blanchard, PWC Manager James Rose, PWC Support Service Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Rev. Michael Fletcher, pastor of the Manna Church, 5117 Cliffdale Road, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Councilmember Bolton moved to excuse Councilmembers Cheek and Robertson until their arrival, seconded by Councilmember Massey and carried unanimously 7 to 0. RECOGNITION: Mayor Dawkins wished Sue Runyon (radio station WFNC) well on her new job in Philadelphia. Interim Airport Manager Roger Stancil recognized the airport staff for the recent FAA inspection disclosing no problems whatsoever. He introduced Mr. Lee Brinson, maintenance supervisor, who recognized his maintenance team present tonight. He said they had worked hard not only for this inspection but at all times. Mr. Ralph Hamilton, assistant airport director, was also introduced and he recognized the operations specialists, present who also put in a tremendous effort on their jobs whether or not there is an inspection. 1. APPROVAL OF AGENDA City Manager Smith requested a correction to consent item 2-O, by changing “12" circuit breakers to “one” circuit breaker. Mr. Smith said that on item 3-B, the recommended action should be for public input only because this will be on the agenda for action on May 15. He also requested item 8-B presenter be changed to Paul Gawelko. Mr. Smith reminded council of the addendum information item concerning the hog processing plant. City Attorney Cogswell referred to item 11 for request for legal representation and presented the names of Tracy Campbell, Daryl Smith, Larry Rockwell, Wayne Alsup and Shannon Brewer. Councilmember Cheek arrived at 7:08 p.m. Councilmember Bolton moved to approve the agenda with changes seconded by Councilmember Cheek and carried unanimously. 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 item H. Councilmember McBryde moved to approve the consent agenda with the exception of H. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved. A. Approve amended minutes of regular meeting of March 6, 1995. B. Approve minutes of regular meeting of March 20, 1995. C. Approve minutes of joint meeting with Cumberland County Commissioners of March 23, 1995. D. Approve tax refunds over $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. E. Set public hearing for May 1, 1995, to consider storm water ordinance and interlocal agreement. F. Approve award of contract for construction of sportfields to Sanford Grading Company, Inc., low bidder in the amount of $288,514.95. Bids received were as follows: Please Note: To view the bid tabulation, please see the printed copy of the City of Fayetteville Meeting Minutes. G. Set public hearing for May 15, 1995, to consider the rezoning from R5A and R10 Residential Districts to P2 Professional District or to a more restrictive zoning classification for an area located on the east side of Loch Haven Drive, South of Morganton Road and being all of Lot 3, a portion of the property of Edgar and Elizabeth Edens as evidenced by a legal description on file with the Planning Department, and deed recorded in Deed Book 459, Page 337, Cumberland County Registry. (P95-36) H. (Pulled for discussion) I. Adopt Special Revenue Project Ordinance Number 95-13 (GHSP). The Governor’s Highway Safety Program has awarded the police department $5625 for funding equipment purchases (video camera and surveillance system) for the Booze It & Lose It campaign. There is no local match requirement on this grant. J. Adopt Special Revenue Project Ordinance Amendment Number 95-8 (Police-GHSP-Vascar). This amendment appropriates proceeds from the Governor’s Highway Safety Program in the amount of $525 to pay for installation of VASCAR systems. There is a $175 local match requirement. K. Adopt Special Revenue Project Ordinance Amendment Number 95-9 (Police-Controlled Substance Tax/Federal Forfeiture). This amendment appropriates proceeds from the North Carolina Controlled Substance Tax in the amount of $7100. Also $6405 from insurance proceeds of a vehicle purchased with Federal Forfeiture funds which are subsequently wrecked and “totaled.” L. Adopt Special Revenue Project Ordinance Closeout Number 95-7 (Police-Police Athletic League). This accounts for the $25 received in donations to Police Athletic League programs. The actual dispersements of $18 will be closed out with the excess $7 being transferred to the General Fund. M. Approve award of contract for purchase of one gear box to Industrial Transmission, sole bidder in the amount of $23,996. (PWC) N. Approve award of contract for purchase of twelve 25.8 kV Outdoor Power Vacuum Feeder Circuit Breakers to Eastern Electric Supply (Rocky Mount, NC), low bidder in the amount of $236,700. (PWC) Bids received were as follows: Eastern Electric Supply $236,700.00 HESCO, Inc. $252,000.00 WESCO $264,564.00 Power Supply $315,000.00 O. Approve award of contract for purchase of one (1) 25.8 kV Outdoor Power Vacuum Bus Tie Circuit Breakers (Water Works Substation) to WESCO Distribution, Inc., (Raleigh, NC), low bidder in the amount of $25,063. (PWC) WESCO $25,063.00 HESCO, Inc. $26,000.00 Power Supply $28,200.00 Eastern Electric Supply $34,921.00 P. Award of contract for construction of sanitary sewer mains to serve Fayetteville Annexation 1994 Area 206-Murray Fork Subdivision to ES&J Enterprises, (Autryville, NC), low bidder in the amount of $1,165,641.70. (PWC) Bids received were as follows: ES&J Enterprises $1,165,641.70 Triangle Paper Co. (Burlington, NC) $1,234,661.30 Sanford Grading Co. (Gulf, NC) $1,236,818.44 2-H. Approve the rezoning from C3 Heavy Commercial District to M2 Industrial District or to a more restrictive zoning classification for an area located on the west side of U.S. HWY 301 and the east side of McDuffie Street, south of Bell Street and being the property of Donald T. Hood, Jr., as evidenced by deed recorded in Deed Book 3694, Pages 571-572, Cumberland County Registry.(P95-35) Councilmember Kendrick expressed appreciation to Al Mitchell and the Planning Board staff for adding the word “proposed” to the 2010 Land Use Plan notation in the backup memo in the agenda packet. Councilmember Kendrick moved to approve the rezoning as requested, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Robertson absent. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of local landmark designation by ordinance of the Adeline Burr Davis Green House, 204 Hillside Avenue. (Joint public hearing with Historic Resources Commission) City Attorney Cogswell stated he had spoken with the chairman of the Historic Resources Commission and was advised there was no quorum of the commission present therefore recommended continuation of the public hearing. Councilmember Bolton moved to continue the public hearing to May 1, seconded by Councilmember Kendrick and carried unanimously 7 to 0 with Councilmembers Robertson and Blackwell absent. (NOTE: This item was reconsidered after item 3-B) B. Consideration of the Community Development Block Grant (CDBG) program for the City of Fayetteville. This item was presented by Assistant City Manager Brown. He presented highlights of events concerning the Fayetteville Consolidated Plan 1995-96 Executive Summary, First Year Action Plan: Activities and Use of Funds. He introduced Mr. Ken Weeden, consultant, who gave some detailed facts about the program and a summary of the five-year priority need. This is the advertised public hearing for public input. A complete report was submitted to council under separate cover of the agenda packet. Councilmember Robertson arrived at 7:29 p.m. The public hearing was opened at 7:42 p.m. and there being none to be heard on this matter the public hearing was closed. There was discussion by council, with Councilmember Torrey suggesting that owners of some of the older buildings get assistance with bank loans to rebuild and this will keep these neighborhoods from declining. Mr. Brown concluded by saying that initially there will have to be a lot of studying and a feasibility study to be done to determine if there is solid ground to continue. One of the emphases would be to assist the low income and the minority and disadvantaged business people to help them develop businesses in the downtown core and the surrounding areas. Councilmember Cheek was concerned about total concentration being on housing and not enough economic development being included. Councilmember Ross said she has been waiting for a (recreation) center to be placed in the annexed area of Cedar Creek and there is no bus service to that area to bring the young people into the centers. Mayor Dawkins said this item would be back on the agenda on May 15 for action before submitting to HUD. At this time Mayor Dawkins stated that there was a separate public hearing held by the Historic Resources Commission on November 17 concerning item 3-A which meets the guidelines and does not require a joint public hearing. City Attorney Cogswell confirmed the Mayor’s statement and said that council could reconsider previous action and hold the public hearing tonight. Councilmember McBryde moved to reconsider item 3-A, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Blackwell absent. At this time, Mayor Dawkins recognized Ft. Bragg Col. John Altenburg, in the audience, who heads up the JAG office. Col. Altenburg introduced Bob Butler, with Special Forces, who is very active in Boy Scouts at Ft. Bragg, here with his two sons who are working on Community Merit badges. That is the last badge they need before starting their Eagle Scout badges. Mayor Dawkins mentioned that council was represented by the Mayor and the chair of the Chamber of Commerce, and Mr. Craig Stewart and Mr. Bobby Suggs at the special operations annual meeting at Bolling Air Force Base. He said they were the only civilians invited to this affair. 3A. Consideration of local landmark designation by ordinance of the Adeline Burr Davis Green House, 204 Hillside Avenue. (Joint public hearing with Historic Resources Commission) Lisa Novick, planner, presented this item, showed slides of the house and gave the history. She recommended adoption of the ordinance. This is the advertised public hearing. The public hearing was opened at 8:33 p.m. and there being none to speak in favor or opposition, the public hearing was closed. AN ORDINANCE DESIGNATING 204 HILLSIDE AVENUE AS A HISTORIC LANDMARK. ORDINANCE NO. NS1995-11. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick, and carried 8 to 0 with Councilmember Blackwell absent. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book NS1995. C. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C.(Petition initiated annexation of the rear portion of campus of Cape Fear Valley Medical Center [Property of Cumberland County]). This item was presented by Deputy City Manager Stancil with a recommendation for adoption of the annexation ordinance with the effective date of April 18. This is the advertised public hearing. The public hearing was opened at 8:37 p.m. and there being none to speak in favor or opposition the public hearing was closed. ORDINANCE EXTENDING CORPORATE LIMITS OF THE CITY (REAR PORTION OF CAMPUS OF CAPE FEAR MEDICAL CENTER, CUMBERLAND COUNTY PROPERTY) ANNEXATION ORDINANCE NO. 95-04-405 Councilmember Bolton introduced the foregoing ordinance and moved its adoption seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Blackwell absent. A copy of the foregoing ordinance is on file in the clerk’s office in Annexation Ordinance Book 1995. 4. Consideration of adoption of ordinance increasing various civil penalties on abandoned/derelict vehicles. (Second reading) This item was presented in the agenda packet by the city attorney with the recommended adoption of the ordinance on the second reading. ORDINANCE AMENDING SECTION 20-220, PENALTIES. ORDINANCE NO. S1995-5 Councilmember McBryde moved to adopt the foregoing ordinance on the second reading, seconded by Councilmember Torrey and carried 6 to 2 with Councilmembers Ross and Robertson in opposition and Blackwell absent. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book S1995. 5. Consideration of adoption of resolution directing the filing of an Amended Application to the Local Government Commission for the approval of the issuance of Public Works Commission Revenue Bonds, Series 1995A. Councilmember McBryde moved to allow Councilmember Bolton to abstain from discussion and voting on this item to avoid any possible conflict of interest, seconded by Councilmember Robertson and carried unanimously 7 to 0 with Councilmember Blackwell absent. This item was presented by City Manager Smith saying that this is an amended resolution deleting the administration building from the application. RESOLUTION DIRECTING THE FILING OF AN AMENDMENT TO THE APPLICATION FOR APPROVAL OF THE ISSUANCE OF PUBLIC WORKS COMMISSION REVENUE BONDS, SERIES 1995A FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF ADDITIONAL FACILITIES FOR THE PUBLIC WORKS COMMISSION AND THE WATER AND SEWER SYSTEM OF THE CITY. RESOLUTION R1995-30. Councilmember McBryde moved to adopt the foregoing resolution seconded by Councilmember Torrey. Councilmember Robertson said he will vote against this resolution because of the additional cost of $50,000 to $100,000 cost of the bonds and other related expenses to continue this in two separate issues. Mayor Dawkins called for a vote and it carried 5 to 2 with Councilmembers Robertson and Ross in opposition, Councilmember Bolton abstaining and Councilmember Blackwell absent. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. 6. (Pulled from agenda) 7. Consideration of request to address City Council from Al Mitchell, Chairman, Fayetteville Area Community Telecommunications System, Inc. Al Mitchell, chairman, pro-tem of F-A-C-T-S presented this item. He said that detailed information was presented in the agenda packet and that Councilmembers had given their blessings. However, this is a request for a letter of support and a resolution of support for documentation. RESOLUTION SUPPORTING GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF COMMERCE. RESOLUTION NO. R1995-31. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Blackwell absent. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. 8. Consideration of request to address City Council from the following regarding Cape Fear Valley Medical Center area streets parking operations: A. Dr. Stanley Gilbert-Cape Fear Orthopedic Dr. Gilbert said his employees must park on the street to leave their parking lot for patients. He requested one-way travel as opposed to parking on one side of the street. B. Paul Gawelko, Pro-Active Therapy Mr. Gawelko said their parking situation was similar to Dr. Gilbert’s and they also requested council to change the ordinance to one-way traffic allowing parking on both sides or suspending the ordinance until a survey can be done on the impact of the parking deck on the area when it is completed. C. Joe Costanzo, Jr.-Fayetteville Family Medical Mr. Costanzo reiterated what Dr. Gilbert and Mr. Gawelko had presented. He also mentioned the decal (permit) parking for the area. Councilmember McBryde moved to refer this matter back to the Council Streets, Roads and Sidewalk Committee to check on the possibility of one-way streets with parking on both sides until the hospital parking deck is finished, seconded by Councilmember Bolton. Councilmember Kendrick asked about the previously adopted ordinance of no parking. Mr. Smith asked what action should be taken if this motion passes. Council advised that if this action passes, enforcement would be put on hold and the signs would be covered. Discussion ensued concerning why this problem has developed and the consensus was that of growth after original building permits have been issued requiring a certain number of parking spaces per employee. Mr. Smith said that staff is looking into this problem by considering square footage and type of business basis. Councilmember Massey said he would be opposed to this motion only because there was a 90-day observance or study to be done at the time this ordinance was adopted. Councilmember Cheek agreed with Mr. Massey and added that a public hearing was held at the time. She said she is more concerned with the safety in this area, not only for the parking on both sides of the streets, but also if it is one-way from Owen Drive, it could be dangerous when drivers realize they have turned the wrong way onto a one-way street at a high speed. She said a change should not be made before the 90-day period has ended. Council asked City Attorney Cogswell how the ordinance would affect this action. Mr. Cogswell answered that the staff would be directed to hold enforcement until this comes back and this has been done in the past. He said only warning tickets have been issued so far. Councilmember Kendrick is concerned with safety and asked Mr. Cogswell to read the ordinance concerning required spacing for off-street parking. Mr. Cogswell said it is six spaces for each doctor and one space for each employee. Mr. Kendrick said he is glad staff is checking into the off-street parking ordinance and would support the motion but does not feel a variance will happen. Mayor Dawkins called for a vote on the motion and it carried 6 to 2 with Councilmembers Massey and Cheek opposed and Councilmember Blackwell absent. 9. Consideration of street resurfacing list for FY94-95. City Manager Smith recommended this item be sent to the Council Streets, Roads and Sidewalks Committee. Councilmember Bolton moved to follow the recommendations seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Blackwell absent. 10. Consideration of award of contract for purchase of four each Plan “A” playground play units to Cunningham Associates, Inc., (Charlotte, NC), lowest responsible bidder in the amount of $94,652. City Manager Smith recommended awarding to the lowest responsible bidder of Cunningham Associates, Inc. Bid tabulation is as follows: Please Note: To view the bid tabulation, please see the printed copy of the City of Fayetteville Meeting Minutes. Councilmember Bolton moved to follow the recommendation seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Blackwell absent. 11. Consideration of request for legal representation. City Attorney Cogswell said this concerns a lawsuit filed by Mr. Jackie Hollingsworth arising out of his arrest in September 1993. He said his investigation reveals that all of the named defendants were city police officers on duty at the time acting in the course and scope of their employment and they meet the standards and statutes of the City Code which entitles them to representation. He recommended council authorize the office of the city attorney to represent Tracy Campbell, Daryl Smith, Larry Rockwell, Wayne Alsup and Shannon Brewer in that lawsuit. Councilmember Cheek moved to follow the recommendation seconded by Councilmember Kendrick. It carried unanimously 8 to 0 with Councilmember Blackwell absent. Councilmember Bolton left the Chamber at 9:13 p.m. 12. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. Councilmember Kendrick moved to elect Matthew Smith to fill the unexpired term of Dawn Hester to December 1995, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Blackwell absent. B. Nominations to fill one vacancy on Redevelopment Commission. There were no nominations for the vacancy to December 1999. 13. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of March, 1995, from the Cumberland County Tax Collector in the amount of $371,178.63. INFORMATION ITEMS: 1. Report on Clairway/Briarwood Community Information Meeting. 2. Copy of letter to NCDOT regarding City participation in DOT projects. 3. Response to Councilmember Kendrick regarding dangerous dogs. 4. Copy of letter from Clerk of Superior Court regarding DWI arrests. 5. PWC - minutes of March 22, 1995. 6. Senior Citizens Advisory Commission - minutes of March 14, 1995. 7. Report of tax refunds less than $100 Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. 8. Police Department - March monthly report from Office of Professional Standards. 9. FACVB - minutes of March 23, 1995.. 10. Human Relations Commission - minutes of March 9, 1995. 11. Airport Commission - minutes of March 28, 1995. Councilmember Kendrick asked about information item 4 which was regarding DWI arrest. He asked if we could contact the Court Clerk concerning conviction rate rather than the arrest. Mr. Smith said he hoped to have some information on this at the information meeting. Councilmember Cheek requested a briefing session on the upcoming televising of the council meetings. Mr. Smith responded this could be done after the information meeting. There being no further business the meeting was adjourned at 9:25 p.m. upon motion and second. INFORMATION MEETING APRIL 24, 1995 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER APRIL 24, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large) - arrived at 7:55 p.m.; Milo McBryde (at-large); Nat Robertson (at-large) (arrived at 7:29 p.m.); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5) (arrived at 7:08 p.m.); Mark Kendrick (District 6) Absent: Tommy Bolton (District 1); Ida Ross (District 2) - excused Others Present: John Smith, City Manager Roger Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Steve Blanchard, PWC Manager Ray Britt, PWC Finance Services Sandy Saunders, Chairman Parks and Recreation Advisory Commission Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by City Manager John Smith, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Councilmember McBryde moved to excuse Councilmembers Blackwell, Bolton and Ross until their arrival and to excuse Councilmember Bolton from discussion or voting on item 2. The motion was seconded by Councilmember Cheek and carried unanimously 6 to 0 with Councilmembers Blackwell, Bolton and Ross absent. 1. APPROVAL OF AGENDA Councilmember Kendrick moved to approve the agenda as submitted, seconded by Councilmember Robertson and carried unanimously 6 to 0 with Councilmembers Blackwell, Bolton and Ross absent. 2. CONSIDERATION OF BOND ORDER AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS, SERIES 1995A. This item was presented by City Manager Smith requesting a change on page three of the Bond Order on the second line which should read Series 1995A on the Bond Order. Mayor Dawkins introduced an Order entitled: 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 $35,270,000 AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, PUBLIC WORKS COMMISSION REVENUE BOND, SERIES 1995A TO PROVIDE FUNDS FOR FINANCING THE CONSTRUCTION AND EQUIPPING OF CERTAIN BUILDINGS FOR USE BY THE PUBLIC WORKS COMMISSION AND THE CONSTRUCTION AND INSTALLING OF CERTAIN CAPITAL ADDITIONS TO THE WATER AND SEWER SYSTEM OF THE CITY AND DIRECTING THE AUTHENTICATION AND DELIVERY OF THE SERIES 1995A BONDS TO THE UNDERWRITER. Upon motion by Councilmember Kendrick, seconded by Councilmember Robertson, said Order was adopted unanimously 6 to 0 with Councilmembers Blackwell, Bolton and Ross absent. PWC staff was excused at this time. 3. DISCUSSION OF USE OF BARGES TAVERN BUILDING BY CHAMBER OF COMMERCE. City Manager Smith said since the Convention and Tourism Bureau has moved out of Barges Tavern Building located next to the Chamber, and the Chamber has expressed an interest to use the building for a meeting center. He said the Chamber would use these rooms for group meetings, as well as allowing other community groups to use the building for small meetings. He said the Chamber would probably expect the city to provide maintenance as we currently do in the Horne House and the Chamber would pay utilities. Mr. Smith said he recommended that we amend the current lease with the Chamber to add Barges Tavern with the proviso that it be used as a meeting facility under Chamber management, with a clause to allow the city to repossess if the need arises. Councilmember Cheek suggested that the city be able to use these meeting rooms when they are not in use. Councilmember Robertson moved to follow the recommendation and authorized the City Manager to draw up the necessary documents to bring back to council, seconded by Councilmember McBryde and carried unanimously 6 to 0 with Councilmembers Blackwell, Bolton and Ross absent. At this time City Manager Smith suggested that items 4. and 5. be delayed until the Parks and Recreation Commission concluded their meeting that is in progress at this time. Mayor Dawkins moved to item 6. 6. CONSIDERATION OF APPROVAL OF PURCHASE OF PROPERTY FOR A NEW DOWNTOWN FIRE STATION. Information was supplied in the agenda packet by City Manager Smith, requesting that council authorize the purchase of the property as listed and shown on the map on Person Street, for the purpose of constructing the new Fire Station. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Massey and carried unanimously 6 to 0 with Councilmembers Blackwell, Bolton and Ross absent. Mayor Dawkins moved to item 4. because of Parks and Recreation Advisory Commission Chairman Sandy Saunders’ arrival at the meeting. 4. DISCUSSION OF RECONSTRUCTION OF SEABROOK POOL. Chairman Saunders reported that the Parks and Recreation Advisory Commission recommends to council that they proceed with the design and construction of an outdoor community pool to replace the existing Seabrook pool. He said the pool would be a large family oriented recreation pool and usable by the entire city, rather than for swimming competition. The pool size is to be determined by the architect and budget, but not to exceed $900,000 for a total design and construction. He said the design should begin as soon as possible in order to be open in the spring of 1996 and this would be a community pool as opposed to a competitive pool. City Manager Smith reviewed financing and said this could be added to the Shuler-Ferris Contract and would be CDBG eligible. Following discussion, Councilmember Massey moved to continue with the site planning and design and the possibility of using the CBDG funds for financing with a cap of $900,000 total. The motion was seconded by Councilmember Torrey. There was further discussion, Mayor Dawkins called for a vote on the motion and it carried unanimously 6 to 0 with Councilmembers Blackwell, Bolton and Ross absent. 5. DISCUSSION OF MUNICIPAL GOLF COURSE. Rev. Sandy Saunders, chairman of the Parks and Recreation Advisory Commission, presented the recommendation that the city continue to negotiate for the development of a golf course with private developers through the insurance of a city financing mechanism and to instruct the city staff to pursue and market a site feasibility study to identify potential revenues associated with a golf course, which will be used to retire debt and pay for operation and maintenance and also to instruct staff to interview a select list of potential developers and return with a recommendation. City Manager Smith recalled to council that in 1992 the city was the recipient of approximately 210 acres from Primark, Inc. with no strings attached. A contract was awarded to do a general market analysis of a mutual type golf course, which was favorable. He said council authorized solicitation of development proposals with the condition that there be no financial involvement or financial risk by the city and we received no proposals. Mr. Smith said we received seven proposals when a request went out again with no restrictions. He said each proposal had required that the city or a governmental non-profit corporation issue the debt finance of construction. Mr. Smith said the city needs to decide if we are interested in pursuing a golf facility with possibility of city taking a financial position, such as revenue type bonds; otherwise, we need to consider what else to do with this property. A feasibility study would cost approximately $30,000. Mayor Pro Tem Blackwell arrived at 7:55 p.m. Councilmember Robertson said he will not be able to vote for a $30,000 feasibility study for something he feels we should not be involved in. Councilmember Torrey moved to follow the Parks and Recreation Advisory Commission’s recommendation to have city staff to conduct a market site feasibility study and identify potential revenues associated with a golf course, which will be used to retire debt and pay for operations and maintenance. The motion was seconded by Councilmember McBryde. Councilmember Kendrick said he could not support investing in a golf course project that private industry does not want to enter into the project without city backing. Following discussion, Councilmember Cheek offered a substitute motion to refer this to the Council Buildings, Grounds and Property Committee to look into this further with Parks and Recreation, seconded by Councilmember Massey, who offered a friendly amendment to get the cost-effective data from other comparable cities that are presently operating golf courses to give to the committee. Councilmember Cheek accepted Mr. Massey’s amendment. There was further discussion. Mayor Dawkins called for a vote on the substitute motion and it carried unanimously 7 to 0 with Councilmembers Bolton and Ross absent. 6. (THIS ITEM WAS CONSIDERED FOLLOWING ITEM 3.) 7. DISCUSSION OF PRINTING NAMES OF PERSONS CONVICTED OF DWI IN NEWSPAPER. Mr. Smith said this information is combined with all traffic and court cases and it would take a tremendous amount of man hours to assign someone to pick up daily court documents and try to track the DWI convictions. Councilmember Kendrick said other cities and counties have accomplished submitting this list and feels we should find some way to come up with this list. He asked for a check to be made of police department records. 8. DISCUSSION OF LEGISLATIVE ISSUES. Mr. Smith shared information he felt that council should be made aware of: (1) Anti-annexation bills are to be introduced that will put future annexations in jeopardy. (2) The intangible tax bill has been repealed and there is a hold-harmless provision, but there is no growth for the future, which is approximately $60,000 compounded. Mr. Smith said this has passed the House and Senate. Kai Nelson, finance director, added that there will be $1.3 million of the General Fund with no growth. City Attorney Cogswell explained the property rights legislation. He said it basically would require any unity of government to monetarily compensate anyone whose property was diminished in any amount as a result of any government regulation. He said this would also affect annexations. Councilmember Torrey commended Mr. Ben Brown and Ms. Janice Gerald for the outstanding job the Community Development division did of taking our services to the people on Orange Street on Saturday. Mayor Dawkins thanked the police officer for being at the meeting. The mayor reminded everyone of the upcoming Sunday on the Square. He also reminded everyone that the next council meeting will be televised live on cablevision. Councilmember Cheek referred to the request from the Salvation Army for $100,000 from the city toward the $200,000 needed to complete their $1 million campaign for their new homeless shelter. She requested that this be forwarded to the Redevelopment Commission for their consideration. There being no further business the meeting was adjourned upon motion and second at 8:50 p.m. REGULAR MEETING MAY 1, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MAY 1, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large) - arrived at 7:55 p.m.; Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2) ( arrived 7:12 p.m.); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5) (arrived at 7:08 p.m.); Mark Kendrick (District 6) Absent: Nat Robertson (at-large) Others Present: John Smith, City Manager Roger Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Craig Hampton, Administrative Services Director Myers Colvin, Senior Engineer Frances Jackson, Planning Board Staff Sandy Saunders, Chairman Parks and Recreation Advisory Commission Monroe Evans, Habitat for Humanity Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Lawrence Johnson, John Wesley United Methodist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins congratulated City Manager John Smith and his wife Sally on the birth of their granddaughter Madeleine Brook Elliott on April 29, in California. 1. APPROVAL OF AGENDA City Manager Smith said item seven can be removed and placed on the next agenda because of some financing details to be worked out on the LaFayette hotel project. He also asked to add item 16 as administrative reports to include: (a) report on the 800 MHZ radio bids and (b) report on parking violation fees. City Attorney Cogswell requested a closed session for property acquisition of a parcel in the 400 block of Hay Street. At this time Councilmember Bolton moved to excuse Councilmember Robertson from tonight’s meeting, seconded by Councilmember Massey and carried unanimously. Councilmember Bolton moved to excuse Councilmember Ross until her arrival, seconded by Councilmember Torrey and carried unanimously. Councilmember McBryde moved to approve the agenda with the changes, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmembers Robertson and Ross absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Mayor Pro Tem Blackwell requested to pull item H. for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of H. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved. A. Approve minutes of information meeting of March 27, 1995. B. Approve typographical corrections to the Civil Penalties Ordinance. AN ORDINANCE AMENDING ORDINANCE NO. S1995-4. ORDINANCE NO. S1995-6. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book S1995. C. Set public hearing for June 5, 1995, to consider an application by Harvey H. Allen on behalf of Cumberland Community Action Program, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-25, to allow a Headstart Daycare Facility in an R5 Residential District for an area located on the west side of Old Wilmington Road and the north side of the Aberdeen and Rockfish Railroad, south of Simmons Street as evidenced by deed recorded in Deed Book 2832, Pages 221-222, Cumberland County Registry. (P95-42). D. Set public hearing for May 15, 1995, to consider speed limit reduction on Stockton Drive. E. Set public hearing for May 15, 1995, to consider speed limit reduction on the following streets in the Foxfire Subdivision: 1. Brookfield Road 2. Botany Court 3. Windfield Court 4. Cardigon Court 5. Casper Court F. Adopt Special Revenue Project Ordinance Partial Closeout Number 95-8 (Police-GHSP-Conference). The city received $1,020 for expenditures related to a DWI conference. Actual expenditures of $1,020 will be closed out. G. Adopt Special Revenue Project Ordinance Closeout Number 95-9 and 95-10 (Police-GHSP-Booze It & Lose It). These projects were established for the purpose of paying police officers overtime pay in the “Booze It & Lose It” campaign. Both projects are complete and all revenues ($14,268) have been received. H. (Pulled for discussion) I. Adopt resolution setting public hearing for June 5, 1995, to consider closing a portion of Buxton Boulevard. PRELIMINARY NOTICE OF INTENT TO CLOSE A PORTION OF BUXTON BOULEVARD. RESOLUTION NO. R1995-32. A copy of the foregoing resolution is on file in the clerk’s office in Resolutions Book R1995. J. Accept grant offer from Federal Aviation Administration for AIP 3-37-0021-16 (Purchase and installation of two loading bridges.) (This item was reconsidered and pulled from the agenda following item 2.H) 2.H. Adopt Budget Ordinance Amendment Number 95-14 (School Participation in Parks Projects). Mayor Pro Tem Blackwell asked City Attorney Cogswell if he should abstain from voting on item H. because he is directly involved with the College Lakes property as school principal. Mr. Cogswell said Mr. Blackwell had no financial interest so there should be no conflict. Mayor Pro Tem Blackwell moved to adopt the ordinance amendment as requested, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Robertson absent. The Board of Education has agreed to find $68,036 in parks improvement projects at the following sites: Westover Senior High School, baseball field lighting ($18,036) and playground equipment at Mary McArthur, Ashley, College Lakes and Walker-Spivey Elementary Schools. These projects are being jointly funded by the city and the Board of Education and are representative of the joint use agreement. 2.J. Mayor Pro Tem Blackwell moved to reconsider item 2.J., remove it from the agenda and place on the next agenda with back-up material that was omitted, seconded by Councilmember Torrey and carried unanimously 8 to 0 with Councilmember Robertson absent. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at the southeast corner of East Loch Haven Drive and Morganton Road and being the property of Harold and Lillian Stutts as evidenced by deeds recorded in Deed Books 459, Page 337 and 744, Pages 30-31, Cumberland County Registry. (P95-34) This item was presented by Ms. Frances Jackson, Planning Board staff. She said the applicant had requested a deferral, but the Planning Board heard the case. She said the applicant appealed the Planning Board’s denial. Ms. Jackson said at the last Planning Board meeting they voted to reconsider the case at tomorrow night’s meeting. Councilmember McBryde moved to refer this to the Planning Board, seconded by Councilmember Bolton. City Attorney Cogswell said this public hearing was advertised and council should hold this public hearing and then if council wants to send it back to the Planning Board this can be done after the hearing. Councilmember McBryde withdrew his motion. Ms. Jackson said the Planning Board recommended denial because this rezoning would be an encroachment of non-residential uses in a residential area and that P2 north of the subject property was an adequate buffer for the residential zoning. Planning staff and the Planning Board recommended that R5A or R6 would be suitable. The public hearing was opened at 7:22 p.m. and speaking in favor was Ranny Nimmocks, Nimmocks and Townsend Commercial Real Estate, representing the petitioner. He said they do not feel they are out of line requesting P2 because this is a transition zoning from residential to commercial and this request is in keeping with some of the surrounding properties. Speaking in opposition was Rose M. Lovings, 532 Old Farm Road, saying they purchased their home in a residential area and she requested that it remain that way. She said she was also speaking for others in the area that could not attend. Annette Johnson, 533 Old Farm Road, said the value of their properties would decrease if business was brought into the area. There being none further to be heard on the matter the public hearing was closed at 7:27 p.m. Councilmember McBryde moved to return this to the Planning Board for their public hearing, seconded by Councilmember Bolton. Councilmember Cheek said she would be against this because notices were not sent to the area residents for the second public hearing. Councilmember McBryde amended his motion to allow the Planning Board to delay the public hearing to mail notices to the area by first class mail. Following discussion, the motion carried unanimously 8 to 0 with Councilmember Robertson absent. B. Consideration of an application by James H. Smith for a Special use Permit as provided for by the City of Fayetteville Code of Ordinances, Section 32-29(14) to allow miniwarehousing in a CIP Shopping Center District for an area located at 1675 Cedar Creek Road and being all of Tract One, the property of James H. Smith as evidenced by deed recorded in Deed Book 3843, Page 298, all of Tract Two, the property of Albert and Kimberly Smith as evidenced by deed recorded in Deed Book 2783, Page 117, and a portion of Tract Two, the property of James and Kathleen Williams as evidenced by deed recorded in Deed Book 475, Page 260, Cumberland County Registry, and by map and legal description on file with the Planning Department. (P95-33) This item was presented by Ms. Frances Jackson, planning staff, with the Planning Board recommending approval with the findings that the drainage plans are to be approved by the city engineer; the Fayetteville Landscape Ordinance is to be complied with; and driveways are to be approved by the city engineer. Councilmember Kendrick asked what the proposed 2010 Land Use Plan recommended for this area and she answered it recommended commercial. Mr. Kendrick asked if the six-foot landscape area totally encumbered the lot and she said it does not. The public hearing was opened at 7:47 p.m. and James H. Smith, 1675 Cedar Creek Road, was sworn by the clerk. He said he was there for questions and stated the landscaping would include the entire front of the property. There being none to speak in opposition, the public hearing was closed at 7:48 p.m. Councilmember Kendrick asked about the buffer for the backside of the property adjacent to residences. City Attorney Cogswell said there would have to be a solid fence or walls six feet in height along the back of the property. Mr. Smith, the petitioner, asked if this could be a chain-link fence with slats and Inspections Director Simpson said it could. Councilmember Ross asked if it is necessary for Mr. Smith to have to put up the fence and Mr. Simpson said it is required by ordinance. Mr. Smith said he had already planned to put up a fence for security. Mayor Pro Tem Blackwell asked if Mr. Smith would have to put up a slatted fence all around his property or just abutting residences and Mr. Simpson answered it is only required abutting the residences. Mr. Smith said he will be landscaping it in an attractive way because it is important to him to put something eye-pleasing to the neighbors that he has known for many years. Mayor Pro Tem Blackwell asked Mr. Smith if he felt the requirements were clear to him or did he have questions and Mr. Smith said the Planning Board had informed him. Councilmember Bolton moved to approve the Special Use Permit with the findings that the use fits it with the character of the neighborhood and the use is not detrimental to the surrounding area and the conditions listed by the planning staff. The motion was seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Robertson absent. At this time Mayor Dawkins thanked the police officer for being present. He also recognized Mr. Spencer and Mr. Larkins with Cablevision of Fayetteville and thanked them for their cooperation with the endeavor to televise the meetings. Mayor Dawkins also bestowed appreciation from the council to all of the volunteers who helped with the outstanding Dogwood Festival that concluded with Sunday on the Square, yesterday. C. Consideration of adoption of storm water ordinance and interlocal agreement. This item was presented by City Manager Smith. He said the County Commissioners held their public hearing on April 17, 1995, and adopted the storm water ordinance and interlocal agreement on April 25, 1995, but did not adopt a rate for the utility. He said their action was to have staff review the proposed program and delete any activities that were not required under the federal and state mandate. He said that once the county and city staffs have revised the storm water program as requested by the County Commissioners, then that information will be presented to City Council for consideration. The public hearing was opened at 7:55 p.m. and there being none to speak in favor or opposition the public hearing was closed. Council took no action. Mayor Dawkins acknowledged Rev. Sandy Saunders, Chairman of Storm Water Committee, that has worked so hard on this. He also recognized Rev. Saunders’ friend from Russia visiting him for a few months. 4. Consideration of request to address City Council from Fayetteville Area Habitat for Humanity. Monroe Evans, representing the Board for Habitat, presented an update on their procedures. He said they now have 21 families living in Habitat Houses in Fayetteville, 13 of which are in Habitat Village on property donated by the city. He said they have approximately 70 people living in these homes. Mr. Evans said these people have paid approximately $6,600 in city and county taxes in 1994 and that this past December they mailed a check for $13,296 from property that had paid nothing before Habitat. Mr. Evans said the Fayetteville Technical Community College has used these houses to instruct students by them doing the work. He continued that they really appreciate the city’s participation in their project and introduced their building supervisor, Ed Avant, along with some of the volunteers present at the meeting. 5. Consideration of transfer of property to Habitat for Humanity. This item was presented by City Manager Smith stating they are recommending transfer of title of lots no. 12, 14 and 6. He said staff found no drainage problems. Councilmember Bolton moved to approve the transfer as recommended, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Robertson absent. 6. Consideration of request to address City Council from Cindy Dawson. Ms. Dawson read and presented a petition requesting an ordinance against lewd and obscene advertising. City Attorney Cogswell said we are regulated by state law and cannot enforce city regulations on advertisements. Following discussion, Councilmember Cheek moved to refer this item to the Appearance Commission for their sign consultant to look at and to return some suggested content for council to draft up a request for the legislature, seconded by Councilmember Massey. Councilmember Bolton offered a friendly amendment to have the Mayor or city staff write a letter to the local delegation concerning this issue. The amendment was accepted and the vote was unanimous 8 to 0 with Councilmember Robertson absent. 7. (Pulled from agenda) 8. Consideration of lease agreement between City of Fayetteville and Cape Fear Railroaders Association. This item was presented in the agenda packet by Assistant City Manager Teal with the recommendation for adoption of the resolution. AUTHORIZE LEASE OF CITY PROPERTY TO CAPE FEAR RAILROADERS (THE RAILROAD STATION). RESOLUTION NO. R1995-33. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Robertson absent. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. 9. Consideration of adoption of resolution in support of Senate Bill 454 and House Bill 525 regarding the Cape Fear River Program. Steve Blanchard, PWC manager, presented this item with a recommendation for adoption of the resolution. He said the County Commissioners had already adopted the resolution. RESOLUTION IN SUPPORT OF SENATE BILL 454 AND HOUSE BILL 525 TO APPROPRIATE FUNDS FOR THE CAPE FEAR RIVER PROGRAM. RESOLUTION NO. R1995-34. Councilmember Cheek introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Robertson absent. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. 10. Consideration of adoption of the 1995 Revenue Bond Series A, Capital Project Fund Budget. Councilmember Bolton requested to abstain on this matter as in the past. Councilmember Kendrick moved to allow Councilmember Bolton to abstain from discussion or voting on item 10. The motion was seconded by Councilmember Torrey and carried unanimously 7 to 0 with Councilmember Robertson absent. This item was presented in the agenda packet with a recommendation for adoption of the 1995 Revenue Bond Series A. Councilmember McBryde moved to follow the recommendation to adopt the 1995 Revenue Bond Series A, Capital Project Budget Fund. The motion was seconded by Mayor Pro Tem Blackwell and carried unanimously 7 to 0 with Councilmember Robertson absent and Councilmember Bolton abstaining. 11. Considerations of the following recommendations from the Parks and Recreation Advisory Commission: A. Officially name Seabrook Park in honor of Dr. J. W. Seabrook. Rev. Sandy Saunders, chairman of the Parks and Recreation Advisory Commission, presented this item with a recommendation for approval of the official naming. He said the public hearing held by the Parks and Recreation Advisory Commission had no one to speak in favor or opposition. Councilmember Torrey moved to officially name Seabrook Park in honor of Dr. J. W. Seabrook, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Robertson absent. B. Eliminate fee requirement for use of tennis courts for tournaments. Councilmember McBryde moved to follow the recommendation to eliminate the tennis court fees for tournaments, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Robertson absent. C. Receive proposed capital parks bond improvement plan for review. This was for council’s review with no action required. 12. Consideration of award of contract for purchase of one street sweeper to Athey Products Corporation (Raleigh, NC) sole bidder in the amount of $104,830. This item was presented by Assistant City Manager Brown stating these street sweepers are not available on state contract and the bids were sent to four bidders with only one responding. He recommended the contract be awarded to Athey Products Corporation in the amount of $104,830. Councilmember Bolton moved to follow the recommendation to award to the sole bidder, seconded by Mayor Pro Tem Blackwell and carried unanimously 8 to 0 with Councilmember Robertson absent. 13. Consideration of award of design contracts for various bond projects. This item was presented by City Manager Smith with the recommendation to award the various projects as follows: Firm Amount not to exceed for Design Rose Group/ Woolpert $690,000 4 Intersections, 8 Soil Streets, & 1.14 Square Mile Drainage Area Ralph Whitehead $370,000 CBD Rail Improvement Design Plus Construction Management Allen & Assoc. $140,000 6 Soil Streets, 2 Drainage Outfalls, & 2 Local Street Drainage Projects Hobbs Upchurch $101,000 8 Soil Streets Godwin-Jordan $208,000 Piping Existing Ditches, Ames Street Drainage, & B Street Drainage Project Larry King & Assoc. $400,000 Sycamore Dairy/McPherson Church Road Intersection, 17 Soil Streets Mayor Pro Tem Blackwell said he has a problem with $300,000 leaving the area instead of awarding to local firms. John Smith and Myers Colvin, senior engineer, said that every local firm that wanted work was offered the opportunity to receive work and staff moved forward with those that wanted to bid. Councilmember McBryde moved to award the contracts as recommended, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Blackwell opposed and Councilmember Robertson absent. Councilmember Cheek requested a draft of how the sidewalks fit into the street improvement planning to be placed in the next agenda packet as information. 14. Report from Policy Committee. A. Consideration of adoption of Incidental Home Occupations Ordinance (Revision 5). Chairman McBryde presented the revised ordinance and recommended discussion by council. Mayor Pro Tem Blackwell moved to adopt the revised ordinance, seconded by Councilmember McBryde. Discussion: Councilmember Ross said many residents have contacted her saying that they need to continue their business in their homes as they always have done. Councilmember Kendrick said he feels the revised ordinance is not addressing some of the problems, such as on McPherson Church Road. He wants the neighborhoods to stay neighborhoods. Councilmember Cheek said she feels the ordinance still needs more work because it might be opening it up too far. Mayor Pro Tem Blackwell asked Inspection Director Frank Simpson how he felt about this ordinance and the enforcement and he replied that it would be allowing sales in the home to be wide open and there would be nothing to enforce. Mr. Simpson said what is current is satisfactory to him, but it needs to be centralized rather than spread throughout the ordinances and to have a few words changed. Mayor Dawkins called for the vote and it failed 4 to 5 with Councilmembers Blackwell, Kendrick, Cheek, Ross and the Mayor (breaking a tie by voting in opposition), and Councilmember Robertson absent. Councilmember Kendrick moved to refer this back to the Council Policy Committee, seconded by Mayor Pro Tem Blackwell and carried 6 to 2 with Councilmembers Ross and Massey in opposition and Councilmember Robertson absent. B. Consideration of adoption of City Council Travel Policy. Chairman McBryde presented the Committee’s recommendation and moved that the policy be left as is but change the wording slightly to include reimbursements being made by the city for costs to Councilmembers. The motion was seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Robertson absent. 15. APPOINTMENTS: A. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. Mayor Pro Tem Blackwell nominated Jon McCants for a second term. B. Nominations to fill one vacancy on Redevelopment Commission. There were no nominations made to fill the new position to December 1999. 16. Administrative Reports A. Report on 800 MHZ system. City Manager Smith reported it would be after May 19, 1995, before a recommendation can be made because of the bid openings for the 800 MHZ radios. B. Report on paring violation fees. Mr. Smith said there had been some confusion in the wording of the ordinance amending the civil penalties that caused $25 fines for overtime parking for on-street parking to be issued. He said this will be refunded with a letter of apology and the city attorney will submit a technical amendment at the next meeting. At this time City Attorney Cogswell requested a closed session for property acquisition on the 400 block of Hay Street. Councilmember Bolton moved to enter closed session for property acquisition, seconded by Councilmember Kendrick and carried unanimously at 9:35 p.m. Council reconvened into regular session at 9:45 p.m. and there being no further business the meeting was adjourned upon motion and second. INFORMATION ITEMS: 1. Reminder: Joint Session of the Fayetteville Human Relations Commission. 2. Thank you note from Mary Anne Dawkins. 3. Thank you note from Pam Moye (Robert Moye’s widow). 4. Thank you letter from Etta (Pat) Deyear. 5. Response from Congressman Bill Hefner regarding the Amtrak Palmetto line. 6. Report on disposal of cupola. 7. PWC - minutes of April 12, 1995. REGULAR MEETING MAY 15, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MAY 15, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Mark Kendrick (District 6) Absent: Suzan Cheek (District 5) - excused Others Present: John Smith, City Manager Roger Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Louis Chalmers, Traffic Services Mike Walker, City Engineer Frances Jackson, Planning Board Staff Steve Blanchard, PWC Manager Tom McNeill, PWC Property Acquisition Jimmy Kaizer, Jr., Chairman Appearance Commission Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Michael Bost, Chairman of the Fayetteville March for Jesus 1995, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins offered condolences to the family of J.P. Riddle who passed away last week. Mr. Riddle was successful in real estate and was active in the community. 1. APPROVAL OF AGENDA City Attorney Cogswell requested to add item 11 as closed session for acquisition of property in the 400 Block of Hay Street. Mayor Dawkins requested to pull item 9. Appointments and place on the next agenda. Councilmember McBryde moved to approve the agenda with the changes, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Cheek absent. Councilmember Bolton moved to excuse Councilmember Cheek because of foot surgery, seconded by Councilmember McBryde and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Mayor Pro Tem Blackwell requested to pull item K for discussion and Councilmember Torrey requested to pull item H for discussion. Councilmember McBryde moved to approve the consent agenda with the exceptions of H and K. After a second from Councilmember Bolton the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of April 3, 1995. B. Set public hearing for June 19, 1995, to consider amendment and revisions to the City of Fayetteville Code of Ordinances, Article IX, (Zoning Administration and Enforcement),Section 32-65 “Penalties” by deleting the first sentence of Section 32-65(a) and substituting the following therefore: “Unless otherwise specified, a violation of this chapter shall subject the violator to a civil penalty in the sum of one hundred ($100.00).”; and by amending Section 32-65(b) by deleting wherever they occur the words and figures, to wit: “Fifty Dollars ($50.00)” and substituting therefore the words and figures, to wit: “One Hundred Dollars ($100.00)”.(P95-58) C. Approve the rezoning from R5 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at the northwest corner of Grove Street and Barges Lane at St. James Square and being the property of the J. A. Oates Heirs as evidenced by deeds recorded in Deed Books 177, Page 181, and 194, Page 144, Cumberland County Registry. (P95-39) D. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on the south side of Morganton Road (SR 1404), east of Shads Ford Boulevard and being the property of Wessex Place Partnership, K. Douglas Barfield, Trustee, as evidenced by map and legal description on file with the Planning Department and being annexed by the City of Fayetteville effective March 6, 1995. (P95-40) E. Approve the rezoning from C1 Local Business District to R6 Residential District or to a more restrictive zoning classification for an area located at 868 and 870 Southern Avenue. And being the property of David J. McAlpin as evidenced by will from Finnie McAlpin as recorded in the Cumberland County Office of the Clerk of Superior Court, File 83-E-571, and by William A. and Vicky A. Henning as evidenced by Deed recorded in Deed book 3898, Page 825, Cumberland County Registry. (P95-43) F. Approve the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at the southern corner of the intersection of Owen Drive (formerly McPherson Church Road) and Old McPherson Church Road and being the property of the North Carolina Department of Transportation as evidenced by deed recorded in Deed Book 2576, Pages 762-764, a judgment of Cumberland County Superior Court, File Number 73-CVS-3035, Cumberland County Registry. (P95-48) G. Adopt the following resolutions for PWC Condemnation on Tom Starling Road: 1. Property of Bobby H. Singley. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF BOBBY H. SINGLEY, UNMARRIED; DONALD M. MORSE AND GALE STEIN, TRUSTEE; AND G. M. A. C. MORTGAGE CORPORATION OF PA, RESOLUTION NO. R1995-35. 2. Property of Boyd Dale Parsons, Jr., and wife Mae Smith Parsons. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF BOYD DALE PARSONS, JR., AND WIFE MAE SMITH PARSONS; DAVID W. ALLRED, TRUSTEE; AND CAROLINA MORTGAGE COMPANY OF FAYETTEVILLE. RESOLUTION NO. R1995-36. 3. Property of Betty R. Smith. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF BETTY R. SMITH; C. W. FULGHAM, TRUSTEE; AND FIRST UNION NATIONAL BANK OF NORTH CAROLINA. RESOLUTION NO. R1995-37. 4. Property of Dewayne Parker, Denise Carter and husband, James Carter. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF DEWAYNE PARKER; DENISE CARTER AND HUSBAND, JAMES CARTER; CHARLES G. ROSE, JR., TRUSTEE; AND HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF FAYETTEVILLE. RESOLUTION NO. R1995-38. 5. Property of Richard W. Pappy and wife, Debra C. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF RICHARD W. PAPPY, AND WIFE DEBRA C. PAPPY; DAVID W. ALLRED, TRUSTEE; AND CAROLINA MORTGAGE COMPANY OF FAYETTEVILLE. RESOLUTION NO. R1995-39. Copies of the foregoing resolutions are on file in the clerk’s office in Resolution Book R1995. H. (Pulled for discussion) I. Approve amendments to Chapter 20 of the Fayetteville City Code regarding overtime parking penalties. (Technical amendments needed for clarification) AN ORDINANCE AMENDING SECTION 4. OF ORDINANCE S1995-4, AND CHAPTER 22 (CIVIL VIOLATIONS). ORDINANCE NO. S1995-7. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book NS1995. J. Approve bid award for purchase of three (3) 72.5 kV Power Circuit Breakers to Westinghouse Electric Supply Company, sole bidder in the amount of $107289.00. (PWC) K. (Pulled for discussion) 2.H. Accept grant offer from FAA for Fayetteville Regional Airport Improvement Program (AIP) Project No. 3-37-0021-16 for installation of terminal loading bridges. This grant offer is in the amount of $157,500.00 (from funds appropriated under the Federal Aviation Administration Authorization Act of 1994). Councilmember Torrey asked if this installation of terminal loading bridges would be for commuter planes. Roger Stancil, INTERIM AIRPORT DIRECTOR, said that we currently have two loading bridges in the jet concourse B and these are two additional loading bridges for that concourse. Councilmember Torrey moved to approve the acceptance of the grant offer, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Cheek absent. 2.K. Adopt ordinance amending the Amended and Restated Employees’ Retirement Plan of the Public Works Commission of the City of Fayetteville. (PWC) Mayor Pro Tem Blackwell asked Mr. Blanchard for the estimate of the cost to PWC for the change. Mr. Blanchard said it would be approximately $18,000 annual cost for ten years. ORDINANCE AMENDING THE AMENDED AND RESTATED EMPLOYEE’S RETIREMENT PLAN OF THE PWC. ORDINANCE NO. NS1995-12. Mayor Pro Tem Blackwell introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Cheek absent. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book NS1995. At this time Mayor Dawkins recognized four Boy Scouts present in the audience. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of the rezoning from R5A and R10 Residential Districts to P2 Professional District or to a more restrictive zoning classification for an area located on the east side of Loch Haven Drive, South of Morganton Road and being all of Lot 3, a portion of the property of Edgar and Elizabeth Edens as evidenced by a legal description on file with the Planning Department, and deed recorded in Deed Book 459, Page 337, Cumberland County Registry. (P95-36) Planning Board staff Frances Jackson presented this item and said this property is located in the 100-year flood area and the Planning Board recommends denial. This is the advertised public hearing. The public hearing was opened at 7:13 p.m. with Harvey Allen, 134 Wheat Way, petitioner requesting the rezoning. He presented a plot plan showing the area and said he planned to build an office there, which would be in proximity to his house where he now has an office inside his home. There were none to speak in opposition and the public hearing was closed at 7:19 p.m. City Attorney Cogswell said this constitutes illegal spot zoning from all indications. Councilmember Bolton moved to follow the recommendation of the Planning Board to deny the rezoning request, seconded by Councilmember Kendrick and carried 8 to 0 with Councilmember Cheek absent. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per hour on Stockton Drive. City Traffic Engineer Chalmers presented this item stating this is a request by petition for a reduced speed limit and recommended adoption of the ordinance. This is the advertised public hearing. The public hearing was opened at 7:22 p.m. with Mr. Marion Vann, 1828 Stockton Drive speaking in favor. There being none further to be heard on this matter the public hearing was closed at 7:26 p.m. ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL, STOCKTON DRIVE). ORDINANCE NO. NS1995-13. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption and requested an increase in enforcement in this area. The motion was seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Cheek absent. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book NS1995. C. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following streets in the Foxfire Subdivision: 1. Brookfield Road 2. Botany Court 3. Windfield Court 4. Cardigon Court 5. Casper Court This item was presented by City Traffic Engineer Chalmers. He said this is a request by petition and recommends adoption of the ordinance. This is the advertised public hearing. The public hearing was opened at 7:29 p.m. and there being none to speak in favor or opposition, the public hearing was closed. ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL, FOXFIRE SUBDIVISION). ORDINANCE NO. NS1995-14. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Cheek absent. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book NS1995. 4. Consideration of request from the Appearance Commission for expansion of Commission membership. Jimmy Kaizer, Jr., chairman of the Appearance Commission, requested council increase the current number of members from 9 to 15 and have them be at-large rather than in categories. He said this request comes because it is very difficult to get enough people for subcommittees for the many projects the commission participates in. Mayor Pro Tem Blackwell requested to have council notified of absentees. City Attorney Cogswell read council’s policy at committee meetings which requires removal of a member if over 50 percent of the meetings are missed per year. He said each Board/Commission could set stricter requirements. Councilmember McBryde moved to increase the membership from 9 to 15 with six being at large, the quorum being 51 percent, the terms should be staggered and to have the charter changed to reflect this. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Cheek absent. 5. Consideration of approval of Consolidated Plan for Community Development and submission for FY 95-96 Community Development Block Grant and HOME Program. Assistant City Manager Brown presented this item and recommended approval of the recommended budget. Councilmember McBryde moved to follow the recommendation to approve the budget, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Cheek absent. 6. Consideration of adoption of Order of Collection for delinquent privilege licenses. City Manager Smith presented this item in the packet with a recommendation of adoption of the order. Following a question and answer session with Finance Director Nelson and City Manager Smith, Councilmember Bolton moved to approve the adoption of the order, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Cheek absent. 7. Consideration of adoption of ordinance and fee schedule for Franklin Common Parking Lot. This item was presented in the packet by City Manager Smith with the recommendation for adoption of the ordinance and fee schedule. ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 4-ATTENDANT LOT, FRANKLIN COMMON LOT). ORDINANCE NS1995-15. Councilmember Bolton introduced the foregoing ordinance and moved its adoption and to adopt the fee schedule as recommended, seconded by Mayor Pro Tem Blackwell and carried unanimously 8 to 0 with Councilmember Cheek absent. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book NS1995. 8. Report from Streets and Roads Committee A. Consideration of rescission of ordinance amending Chapter 20, Traffic Schedule Number 11 - Parking Prohibited (Cape Fear Valley area)(Adopted April 3, 1995). Councilmember Kendrick, chairman, presented this item and recommended adoption of the rescission ordinance until Cape Fear Valley Medical Center can get their parking deck established in approximately 12 months. ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 11 PARKING PROHIBITED, CFVMC AREA). ORDINANCE NS1995-16. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Cheek absent. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book NS1995. B. Consideration of zoning ordinance regarding parking requirements for medical offices. Councilmember Kendrick, chairman, recommended to refer this matter to the Planning Board with a recommendation to keep the traffic flowing two ways and allow parking on both sides of the street, seconded by Councilmember Massey and carried 8 to 0 with Councilmember Cheek absent. C. Approve street resurfacing list for FY 94-95. Councilmember Kendrick, Chairman, presented this item with a motion to approve the resurfacing list as submitted, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Cheek absent. The resurfacing list is as follows: No. Street Name From To Length Width *1 Rainier Dr. Cliffdale Rd. Whitney Dr. 1880 32 *2 Rivenoak Dr. Granville Dr. Regiment Dr. 305 32 *3 Granville Dr. St. Mary's Pkwy. Dead End 880 32 *4 Village Dr. Ireland Dr. Dead End 4440 32 *5 Grafton Ave. Stubbs St. End Maint. 985 32 *6 Rockwood Dr. Woodclift Dr. Buena Vista Dr. 935 32 *7 Oglethorp Ct. Scotty Hill Rd. Cul-de-sac 310 25 *8 Viking Dr. Youngstown Dr. Sugar Cane Cr. 1015 25 *9 Eldorado Rd. Enterprise Ave. Change Pavement 1010 32 *10 Vandemere Ave. Dartmouth Rd. Cul-de-sac 415 22 *11 Chandler St. William Clark Rd. Doll St . 415 32 *12 Vesper Lane Landau Rd. End of Maint. 1540 25 *13 Tribune Ct. Landau Rd. Cul-de-sac 140 25 *14 Crescent Ave. Brookside Ave. Westmont Dr. 710 22 *15 Perley St. Dwain St. Augusta Dr. 670 32 *16 Admiral Dr. Sugar Cane Cr. Cul-de-sac 350 25 *17 Rustburg Dr. Sugar Cane Cr. Queensberry Dr. 600 25 *18 Queensberry Dr. Rustburg Dr. Quarry Dr. 880 25 *19 Star Hill Ave. Raeford Rd. Dead End 1000 32 *20 Club Circle Raeford Rd. Cul-de-sac 150 35 *21 Onie Ct. Merritt Dr. Cul-de-sac 180 22 22 Cranton Circle Rollinghill Rd. End Pavement 365 25 23 Ashford Ave. Greenland Dr. Westmont Dr. 550 32 24 Mclamb Dr. R/r Tracks Lake Ave. 2000 32 25 Fargo Dr. Boone Trail Change Pavement 250 23 26 Cashwell St. Bragg Blvd. Hillsboro St. 540 32 27 School St. B Street Dead End 450 25 28 Mary St. Ramsey St. End Pavement 790 32 29 George St. Mary St. Byrd St. 300 32 30 Byrd St. George St. Albert St. 340 32 31 Albert St. Mary St. Byrd St. 300 32 32 Boundary Lane Fontana St. Rexdale St. 310 25 33 Randolph Ave. Ashboro St. Dead End 1130 25 34 Treetop Dr. Ramsey St. Fogarty Dr. 930 32 35 Tregony Place Fordham Dr. Cul-de-sac 250 23 36 Alden Dr. Marlborough Rd. Dead End 430 25 37 Hyde Place Enterprise Ave. Cul-de-sac 148 25 38 Emerson Ave. Enterprise Ave. Dead End 100 25 39 Council St. Murchison Rd. Coley Dr. 330 25 40 Dwirewood Dr. Lennox Dr. Murray Hill Rd. 1285 32 41 Fairview St. Sloan St. Oscar St. 1030 21 42 Litho Place Village Dr. Dead End 265 32 43 Landau Rd. Rolls Ave. Rosehill Rd. 2295 25 44 Rockledge Ave. Greenland Dr. Westmont Dr. 651 22 45 Currie St. Ellis St. Humphrey Lane 472 23 46 Weiseger St. Humphrey Lane Branson St. 601 22 47 Lucerne St. Scotty Hill Rd. Cul-de-sac 675 25 48 Branson St. Broadfoot Ave. Woodcrest Dr. 750 32 49 North St. Brookwood St. R/r Tracks 780 32 50 Kirkwood Dr. Colton Dr. Cliffdale Rd. 828 32 51 Calcutt St. Ellington St. Devane St. 668 32 52 Eccles Dr. Lake Ave. Vestal Ave. 985 32 53 Colton Dr. Kirkwood Dr. Mcpherson Church Rd 522 32 54 Alloway Pl. Kirkwood Dr. Cul-de-sac 209 22 55 Ferguson-easley Sch. Seabrook Rd. School Prop. 170 35 56 Carriage Rd. Locks Creek Rd. End Pavement 1058 25 57 Florida Dr. Melba Ave. Dead End 995 25 58 Melba Ave. Tokay Dr. Florida Dr. 1157 32 59 Melba Ave. Tokay Dr. Wisconsin Dr. 638 32 60 Kirkwood Pl. Kirkwood Dr. Cul-de-sac 229 22 61 Locks Creek Rd. Cedar Creek Rd. New Pavement 500 25 62 Kilkeel Ct. Bayshore Dr. Cul-de-sac 215 29 63 Thorncliff Dr. Huntington Rd. Mirror Lake Dr. 575 32 64 Willborough Ave. Raeford Rd. Cul-de-sac 1400 32 65 Judd St. Morganton Rd. Rush Rd. 1105 22 66 Malloy St. Judd St. Sedberry St. 300 22 67 Sedberry St. Malloy St. Dead End 750 22 68 Lakewood Ct. Mirror Lake Dr. Cul-de-sac 180 32 69 Sherman Dr. Ramsey St. Dead End 2210 32 70 Lakecrest Dr. Country Club Dr. Oakcrest Dr. 650 25 71 Haven Ct. Oakcrest Dr. Cul-de-sac 245 29 72 Saddle Ridge Rd. Sandstone Dr. Pheasant Ct. 525 32 73 Flat Rock Dr. Stacy Weaver Dr. Waterbury Dr. 1015 22 74 Remington Rd. Waterbury Dr. Flat Rock Dr. 1565 32 75 Banbury Dr. Hatherleigh Dr. Purdue Dr. 770 32 76 Shambrey St. Lake Ave. Vestal Ave. 775 32 77 Olympia Ct. Gola Dr. Cul-de-sac 580 32 78 Peachtree St. Ft. Bragg Rd. Brookside Ave. 665 25 79 Wright St. Old Wilmington Rd Dead End 890 25 80 Hood Ave. Murchison Rd. Ernest St. 1135 25 81 Trevino Dr. Maxine St. Boros Dr. 1345 25 82 Snead Ave. Mintz Ave. Cul-de-sac 300 25 83 Rollinghill Rd. Lake Club Dr. Trenton Rd. 1310 25 84 Brookside Ave. Westmont Dr. Greenland Dr. 770 32 85 Quarry Dr. Rustburg Dr. Queensberry Dr. 1290 25 86 Cochran Ave. Ramsey St. Dead End 1045 32 87 Mintz Ave. Maggie St. Boros Dr. 2275 32 88 Nutley Dr. Pamalee Dr. Tryon Dr. 1215 32 89 Huntington Rd. Northview Dr. Thorncliff Dr. 485 32 90 Buxton Blvd. Old Wilmington Rd Elementary Dr. 1743 36 91 Friendship Dr. Village Dr. Turtle Point Dr. 452 32 92 Valley Rd. Twin Oaks Dr. Lakeshore Dr. 920 32 93 Kellogg St. Gibson St. Gilmore St. 415 32 94 Gibson St. Gilmore St. Kellogg St. 782 32 95 Gilmore St. Brookwood Ave. Kellogg St. 519 32 96 Sarasota Dr. Cul-de-sac Dead End 1941 25 97 N. Edgewater Dr. Northview Dr. Foxhall Rd. 1742 32 98 Mason St. Green St. Arch St. 814 32 99 Community Dr. Pc / Cul-de-sac Back of Cul-de-sac 70 32 100 Bradford Ave. Ellis St. Branson St. 958 28 101 Inwood Ct. Lennox Dr. Cul-de-sac 165 27 Total Length 81192 LF 15.4 Miles *Streets Numbered 1 thru 21 Were Preapproved by City CouncilLast Year (April 4, 1994) 9. APPOINTMENTS (removed from agenda) 10. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of April, 1995, from the Cumberland County Tax Collector in the amount of $209,496.12. B. Discussion of Councilmember parking spaces on Pittman Street. City Manager Smith said the council parking spaces during council meetings no longer exist on Pittman Street and suggested using the west side of the parking lot behind City Hall on meeting nights. This was in agreement with Councilmembers. C. Report on properties located at 225/227 and 701-A Hay Street. City Attorney Cogswell said he would like to check to see how much money has been spent on the property at 255/227 Hay Street and would bring a report to the next regular meeting. Councilmember Bolton moved to enter into closed session for purpose of property acquisition at 8:35 p.m., seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Cheek absent. Council reconvened into regular session at 8:45 p.m. and City Attorney Cogswell recommended to settle with George Brown and wife for a parcel on the corner of Winslow and Franklin Streets in the amount of $86,000.00. Councilmember Kendrick moved to follow the recommendation to settle in the amount of $86,000.00, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Cheek absent. Mr. Cogswell recommended that parcel K3 on Hay Street owned by the Parros Family be settled in the amount of $40,000.00. Councilmember Bolton moved to follow the recommendation to settle in the amount of $40,000.00, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Cheek absent. INFORMATION ITEMS: 1. Copy of letter from President of MADD to Councilmember Kendrick regarding the printing of DWI names. 2. Update on Eufaula Street relocation project. 3. Summary of Street Resurfacing Activity from FY1986 to present. (Councilmember Kendrick request) 4. Letter from NCDOT regarding guidelines for approval, installation and funding of traffic signals by a municipality on state system roads. 5. Police Department - monthly report from Office of Professional Standards for the month of April, 1995. 6. Fayetteville Redevelopment Commission - minutes of April 12, 1995. 7. Senior Citizens Advisory Commission - minutes of April 11, 1995. 8. Joint Planning Board - minutes of March 21, April 4 and April 13, 1995. 9. FACVB - minutes of April 13, and April 24, 1995. 10. PWC - minutes of April 26, 1995. There being no further business the meeting was adjourned at 8:46 p.m. upon motion and second. INFORMATION MEETING MAY 22, 1995 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MAY 22, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1) -(arrived 7:40 p.m.); Ida Ross (District 2) - (arrived 7:10 p.m.); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5) (arrived at 7:08 p.m.); Mark Kendrick (District 6) Others Present: John Smith, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Dr. Menno Pennink, Citizen DeWayne Anderson, Citizen Robin Legg, Olde Fayetteville Association Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Mayor Pro Tem Blackwell, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. At this time Councilmember McBryde moved to excuse Councilmembers Bolton and Ross until their arrival, seconded by Councilmember Kendrick and carried unanimously. 1. APPROVAL OF AGENDA City Attorney Cogswell requested item 6. be added as a closed session for litigation to discuss the case of Sherree Johnson-McKoy vs. City et al. Councilmember McBryde moved to approve the agenda with the change, seconded by Councilmember Cheek and carried unanimously 7 to 0 with Councilmembers Bolton and Ross absent. 2. Discussion of Lafayette Hotel Property. City Manager Smith presented this item and four options council could consider. They are as follows: (1) The city fronts between $400,000 and $500,000 to preserve the current facade and then work with the developers to acquire additional public and private financing for a historic restoration. (2) The city makes an economic development loan to the developers to purchase the property and complete the demolition and clearance. (3) The city purchases the property, completes the demolition and clearance, and then makes the property available for a housing or other beneficial project. (4) The city orders Northwood Temple to complete the demolition of the property. If Northwood Temple does not comply, the city could complete the demolition and put a lien on the property. Councilmember Ross arrived at 7:10 p.m. City Manager Smith recommended option three or option four. Dr. Menno Pennink reported that the building is deteriorating quickly because of the recent fire that has created a setback. He says they are in an emergency situation. He said their plans for the building are in keeping with what Robert Marvin has in mind for the downtown area. Councilmember Bolton arrived 7:40 p.m. Mr. DeWayne Anderson said he specializes in rehabilitation projects. This project will be creating new units and then retail will come back. He said if they had commitment from council and a development team was put together with city staff, they would find a viable reuse for that building and with public/private sectors working together a profit could be made. Mr. Anderson said risks will have to be taken but it can work economically and socially, but it will take the will and motivation of this council. Mr. Anderson said the proposed apartments could be rented to the elderly, handicapped, and middle-class people. Mayor Pro Tem Blackwell said he feels the plan is too fuzzy at this point and moved for further study on the Lafayette proposal and agree for a time line on that before a commitment by the city. The motion was seconded by Councilmember Kendrick and discussion ensued. Councilmember McBryde offered a substitute motion to follow the City Manager’s recommendation of option number four to allow demolition, seconded by Councilmember Massey. Councilmember Cheek said she would have to vote against the substitute motion because she feels we have a little more time and it would be a shame to kill some 85 years of a building and major historic project in one vote tonight. The substitute motion failed 3 to 6 with Councilmembers Bolton, Blackwell, Kendrick, Torrey, Cheek and Ross voting in opposition. City Manager Smith suggested that he furnish an appropriate time frame at the next meeting as to how long the building will be safe. Mayor Dawkins called for a vote on the main motion by Mayor Pro Tem Blackwell for further study and it carried 7 to 2 with Councilmembers Robertson and Massey in opposition. 3. Presentation of Recommended Budget for FY 95-96. City Manager Smith covered the PWC, Airport, Transit, general fund and general fund balance and recommended a public hearing for June 5, 1995, to include outside agencies, and budget workshop sessions to begin June 6, 1996. Councilmember Bolton moved to set the budget public hearing for June 5, 1995, seconded by Councilmember Kendrick and carried unanimously. Councilmember McBryde moved to set the first budget workshop for June 6, 1995, at 7 p.m., in the City Hall first-floor multipurpose room, seconded by Councilmember Bolton and carried unanimously. 4. Discussion of Sycamore Dairy Road and Blanton Road Extensions. Assistant City Manager Teal presented this item with the following recommendation: (1) Attempt to establish time lines when construction will take place on the sections that the city has agreements in which to participate. (2) Explore the possibility of expanding the Sycamore Dairy Road/McPherson Church Road intersection bond improvement project northward down Sycamore Dairy Road toward Legend Avenue. (3) Develop and bring to City Council for consideration on an agreement that will clearly establish the corridor and design from Legend Avenue to Bragg Boulevard. Councilmember Bolton moved to refer this matter to Council’s Streets and Roads Committee, seconded by Councilmember McBryde and carried unanimously. 5. Consideration of award of purchase contract for a rubber tire wheel loader to North Carolina Equipment Company of Fayetteville, lowest responsible bidder in the amount of $94,596 to NC Equipment Company of Fayetteville, and rejection of all bids for Tractor Loader. Assistant City Manager Brown presented this recommendation to award to the lowest responsible bidder. Bids received were as follows: Please Note: To view the bid tabulation, please see the printed copy of the City of Fayetteville Meeting Minutes. Councilmember Blackwell moved to follow the recommendation and award to the lowest responsible bidder, seconded by Councilmember Cheek and carried unanimously. 6. Request for closed session for litigation concerning the Sherree Johnson-McKoy vs. City et al. Councilmember McBryde moved to enter closed session for litigation, seconded by Councilmember Kendrick and carried unanimously at 9:40 p.m. At this time Councilmember Ross announced that there were eight counties represented for Youth Summit recently held at Spivey School, and a successful religious revival was held at Campbell Terrace. Council reconvened into regular session at 10:25 p.m. and Councilmember Cheek moved to deny the request of Sherree Johnson-McKoy, through her attorney, to appear before council to discuss her lawsuit against the City, Selina Washington and Harry Truesdale, because the matter is in litigation and should be resolved in court. The motion was seconded by Councilmember McBryde. Councilmembers Bolton and Blackwell requested to abstain and the vote was unanimous to allow both to abstain from voting on this matter. The vote on the motion carried unanimously 7 to 0 with Councilmembers Bolton and Blackwell abstaining. There being no further business the meeting was adjourned at 10:26 p.m. upon motion and second. REGULAR MEETING JUNE 5, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JUNE 5, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John Smith, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Frances Jackson, Planning Staff Steve Blanchard, PWC Manager Ray Britt, PWC Finance Services Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Rev. Ivory Swann, Second Baptist Church, Wilmington Road, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins said that prayers are with the family of John William Hensdale, outstanding citizen and partner in Belk - Hensdale for many years. He said prayers and thoughts are also with Mayor Pro Tem Blackwell and his family because of the illness of his mother. 1. APPROVAL OF AGENDA City Manager Smith requested to pull item 9 because of an amendment that needs to be made before presenting. He said item 3.C. recommended action has been omitted from the agenda and it is to adopt the resolution. Councilmember McBryde moved to approve the agenda with the changes, seconded by Councilmember Robertson and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Mayor Pro Tem Blackwell requested to pull items I., K., M.3., and N. Councilmember Cheek requested to pull item B. for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of items B., I., K., M.3., and N. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of April 17, 1995. B. (Pulled for discussion) C. Approve minutes of regular meeting of May 1, 1995. D. Approve minutes of regular meeting of May 15, 1995. E. Approve minutes of information meeting of May 22, 1995. F. Approve tax refunds over $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. G. Set public hearing for June 19, 1995, on Storm Water Utility H. Approve the following PWC low bid awards. 1. Approve bid award for purchase of one 33,000 lb. Cab and Chassis with corner mounted derrick and line construction body to Altec Industries, low bidder in the amount of $119,278. Bids received were as follows: Altec Industries (Birmingham, AL) $119,278.00 Baker Equipment (Richmond, VA) $119,572.00 LaFayette Ford (Fayetteville, NC) (Cab & Chassis only) $36,090.00 2. Approve bid award for purchase of Chemicals for Lwater and wastewater treatment. Bids received were as follows: Liquid Chlorine - 280 Tons * Jones Chemicals (Charlotte, NC) $114,128.00 Van Waters & Rogers (Greensboro, NC) $123,200.00 Prillaman Chemical (Suffolk, VA) $118,776.00 Liquid Aluminum Sulfate - 6,000,000 lbs * Koch Sulfur Products (Wilmington, NC) $181,500.00 Cytec Industries (West Patterson, NJ) $189,300.00 General Chemical (Parsippany, NJ) $204,600.00 Peridot Chemical (Augusta, GA) $216,000.00 Prillaman Chemical (Suffolk, VA) $229,200.00 Alchem (Rockwell, NC) $195,600.00 Fluorosilicic Acid - 200 Tons * Prillaman Chemical (Suffolk, VA) $23,800.00 LCI Limited (Jacksonville Beach, FL) $25,002.00 Chemtech (St. Louis, MO) $36,100.00 Jones Chemicals (Charlotte, NC) $30,000.00 Kaiser (Mulberry, FL) $29,900.00 Powdered Activated Carbon - 100,00 lbs * Prillaman Chemical (Suffolk, VA) $32,000.00 Southchem (Durham, NC) $32,160.00 Liquid Ferric Chloride - 222 Tons * Jones Chemicals (Charlotte, NC) $69,930.00 Prillaman Chemical (Suffolk, VA) $73,750.80 Kemiron (Bartow, FL) $88,578.00 Hydrated Lime - 1,000 Tons * Eastern Ridge Lime (Ripplemead, VA) $83,380.00 APG Lime Corporation (Charlotte, NC) $85,300.00 Prillaman Chemical (Suffolk, VA) $90,600.00 Greer Industries (Morgantown, WVA) $103,250.00 Liquid Ferrous Sulfate - 100,000 Gallons * Alchem (Rockwell, NC) $25,100.00 Davis Water/Waste Ind. (Talleveast, FL) $31,000.00 * Low Bidder I. (Pulled for discussion) J. Approve PWC 1994-1995 Operating Budget, Amendment #1. K. Adopt ordinance amending the Amended and Restated Employees’ Retirement plan of the Public Works Commission of the City of Fayetteville (provides Ad Hoc Cost of Living Increase for Retirees, effective July 1, 1995) PWC. ORDINANCE AMENDING THE AMENDED AND RESTATED EMPLOYEES’ RETIREMENT PLAN OF THE PUBLIC WORKS COMMISSION. ORDINANCE NO. NS1995-17. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book NS1995. L. Adopt resolution authorizing condemnation of Parcels S-4 and N-8 - Christian Street Paving Project. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (CHRISTIAN STREET PAVING). RESOLUTION NO. R1995-40. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. M. Approve the following Finance Matters: 1. Adopt Capital Project Ordinance Amendment 95-12 (AIP-16 Jet Loading Bridges) This ordinance amendment appropriates Federal (90%), State (5%) and Airport operating revenues (5%) in the amount of $131,275 for funding the purchase and installation of two terminal loading bridges at the Fayetteville Regional Airport. The revised project amount represents the grant offer accepted by City Council at their March 15, 1995, meeting. Total project uses and resources after the amendment for the purchase of the loading bridges will be $157,500 (federal), $8,750 (state) and $8,750 (local) for a combined total of $175,000. 2. Adopt Capital Project Ordinance 95-6 (Future AIP) This ordinance appropriates Federal (90%), State (5%) and Airport operating revenues (5%) in the amount of $43,725 for the purpose of acquiring the Hill property for the purpose of preserving property around the final approach to Runway #4. 3. (Pulled for discussion) N. (Pulled for discussion) O. Repeal of City Council Parking Space Ordinance. ORDINANCE REPEALING ORDINANCE NO. NS1991-3. ORDINANCE NS1995-17. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book NS1995. P. Set Public Hearing for July 17, 1995, on Watershed Ordinance Revisions. Q. Approval of the Governor’s Highway Safety Initiative (GHSI) for overtime Police Officers. 2.B. Approve minutes of information meeting of April 24, 1995. Councilmember Cheek referred to item 4. in the minutes concerning Seabrook pool and requested the minutes be amended to include the definition of a neighborhood pool--that it is a pool designed not for swimming competition but for family recreation, but it would be a large pool and would be oriented toward the city as a whole and usable by the city as a whole. Councilmember Cheek moved to place these minutes on the next agenda with the amendment, seconded by Councilmember McBryde and carried unanimously. 2.I. Approve PWC ‘92 Capital Project Fund Budget, Amendment #2. Total capital costs - water and sewer and electric combined: $12,218,000.00 in amendment no. 1B budget; budget decrease ($1,077,860.00); and amendment no. 2 proposed budget $11,140,140.00. Mayor Pro Tem Blackwell asked what the “1992" meant or if this was a mistake and what this amendment was for. Ray Britt, PWC finance services director, explained that the project was begun in 1992 and has been amended. He said the items it covers are on the reversed side of the information in the agenda packet. Mayor Pro Tem Blackwell moved to approve the request, seconded by Councilmember Cheek and carried unanimously. 2.K. Adopt ordinance amending the Amended and Restated Employees’ Retirement plan of the Public Works Commission of the City of Fayetteville (provides Ad Hoc Cost of Living Increase for Retirees, effective July 1, 1995) PWC. Mayor Pro Tem Blackwell asked what percent the increase was being changed from to the 1.375%. PWC Manager Blanchard answered this is similar to the cost-of-living. Mr. Blackwell asked what the cost of this increase would be to PWC and Mr. Blanchard said it was budgeted at $135,000.00 and would be a one-time contribution by PWC into the retirement plan to cover those benefits for the retirees. ORDINANCE AMENDING THE AMENDED AND RESTATED EMPLOYEES’ RETIREMENT PLAN OF THE PUBLIC WORKS COMMISSION. ORDINANCE NO. NS1995-18. Mayor Pro Tem Blackwell moved to adopt the ordinance, seconded by Councilmember Bolton and carried unanimously. 2.M3 Adopt Budget Ordinance Amendment Change 95-15 (Olde Fayetteville - Market House Bricks) This ordinance appropriates $43,743.00 in proceeds of the “Olde Fayetteville Inc. Brick” fundraiser. Mayor Pro Tem Blackwell asked what the estimate is to complete the Market House on the inside. Finance Director Nelson said it would be approximately $100,000.00 and the city will use the proceeds of $43,743.00 from the Olde Fayetteville Association fundraiser along with money from the city building maintenance fund. Mayor Pro Tem Blackwell moved to adopt the budget ordinance amendment as requested, seconded by Councilmember McBryde and carried unanimously. 2.N Award of design contracts to Moorman, Kizer & Reitzel for various bond projects. This item was presented in the agenda packet by Myers Colvin, bond project manager, with a recommendation for approval for a not-to-exceed fee in the amount of $157,000.00 for the design of seven soil streets with an approximate length of 7,000 feet. Mayor Pro Tem Blackwell asked what streets this involved and City Manager Smith said this includes seven of the soil streets included in the bond referendum but the names of the streets were not available at tonight’s meeting. He said the contracts are ready and recommends awarding the design of the contracts to Moorman, Kizer & Reitzel. Mr. Blackwell asked for this information to be included as information in the next agenda. Mayor Pro Tem Blackwell moved to award the design contracts as recommended, seconded by Councilmember Robertson and carried unanimously. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of FY 95-96 Budget. Mayor Dawkins said the speaker from the groups requesting funds would be allowed three minutes. This is a public hearing for public input. The non-profit agencies have submitted written request to council previously and are included in the proposed budget. The amount of the request will be shown with the list of speakers appearing at the public hearing as follows: 1. Sandra Burke and Meredith Stiehl, Rape Crisis $20,000 2. Ann Spiesberger, Fayetteville Dogwood Festival $10,000 3. Libby Seymour, Arts Council $20,000 4. Dan Hicks, Historic Resources Commission $34,150 5. Greg Nace, Botanical Gardens $148,000 6. Charles B. C. Hold, Airborne and Special Operations Museum Foundation $75,000 7. William T. Brown, Trisha Klump and Jennifer Ashton, Big Brothers/Big Sisters $30,000 8. Elisabeth Gnann, Fayetteville Area Sentencing Center $7,500 9. Walter C. Moorman, Salvation Army $170,000 B. Consideration of an application by Harvey H. Allen on behalf of Cumberland Community Action Program, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-25, to allow a Headstart Daycare Facility in an R5 Residential District for an area located on the west side of Old Wilmington Road and the north side of the Aberdeen and Rockfish Railroad, south of Simmons street as evidenced by deed recorded in Deed Book 2832, Pages 221-222, Cumberland County Registry. (P95-42). This item was presented by Frances Jackson, Planning Staff, with a recommendation for approval of the Special Use Permit based on the following findings and conditions: 1. the special use fits in with the character of the area; 2. that it is not detrimental to the surrounding neighborhood; 3. the site be developed in accordance with all state and local regulations regarding this use; 4. all drainage plans be approved by the city engineer; and 5. if this plan is revised in any way, the applicant must submit plans or changes to the Planning Board and City Council for approval. This is the advertised public hearing. The public hearing was opened at 8:14 p.m. and there being none to be heard in favor or opposition the public hearing was closed. Councilmember Cheek clarified through Ms. Jackson that the playground is at least 150 feet from the single family dwellings. She asked if staff was satisfied with this as a buffer. Ms. Jackson said it was satisfactory and the petitioner would have to comply with the six-foot landscape requirement. Councilmember Ross moved to follow the recommendation to approve the Special Use Permit with the findings and conditions listed by the Planning staff, seconded by Councilmember Bolton and carried unanimously. C. Consideration of adoption of resolution closing a portion of Buxton Boulevard. City Manager Smith presented this item stating that the street does not exist but has never been officially closed. He recommended to adopt the resolution. The public hearing was opened at 8:17 p.m. and there being none to speak in favor or opposition the public hearing was closed. RESOLUTION CLOSING A PORTION OF BUXTON BOULEVARD. RESOLUTION NO. R1995-41. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book R1995. 4. Consideration of cancellation of July 3, 1995 Meeting. Councilmember Robertson moved to cancel the July 3, 1995, regular meeting, seconded by Councilmember Bolton and carried unanimously. 5. Consideration of setting a public hearing for July 3, 1995 or July 17, 1995 for the following Planning Board Matters: Councilmember McBryde moved to set the public hearings for items A., B. And C. for July 17, 1995, seconded by Councilmember Cheek and carried unanimously. A. To consider the rezoning from R5A residential district to C1 local business district or to a more restrictive zoning classification for an area located at the southeast corner of the intersection of Cliffdale Road (SR 1404) and the A&R Railroad, South of Waters Edge Drive and being a portion of the lands described in deed book 3829, page 560, Cumberland County Registry, the property of Morgan Place Limited, and evidenced by a legal description on file with the planning department. (Fayetteville Ordinance) P95-29 B. To consider the rezoning from R10 Residential District to P2 professional district or to a more restrictive zoning classification for an area located at the southeast corner of East Loch Haven Drive and Morganton Road. Containing 4.28 acres more or less and being the property of Harold and Lillian Stutts as evidenced by deeds recorded in deed books 459, page 337 and 744, pages 30-31, Cumberland County Registry. (Fayetteville Ordinance)P95-34 C. Consideration of the application by the Ambassadors for Jesus Christ Church for a special use permit as provided for by the City of Fayetteville code of ordinances, article IV, section 32-24 (5), to operate a charitable institution in an R6 Residential District for an area located at 1924 Gillespie Street and being the property of the Ambassadors for Jesus Christ Church, Leonard Williams, Melvin Montgomery and Sam Shelton, Trustees, as evidenced by deed recorded in deed book 2803, page 305, Cumberland County registry. (Fayetteville Ordinance) P95-53 6. Consideration of the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on the West and East sides of Roxie Avenue, North of Village Drive and being the property of the County of Cumberland as evidenced by a map and legal description on file with the office of the Planning Department and being all of annexation number 95-04-405, effective April 18, 1995. (Fayetteville Ordinance) P95-61 This item was presented in the agenda packet by the Planning Board staff with a recommendation for approval of the initial zoning. Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously. 7. Consideration of the rezoning from R15 to R10 Residential District or to a more restrictive zoning classification for an area located on the North side of Morganton Road, East of the Intersection of McPherson Church Road and Morganton Road and being the property of William Wellons, Jr. as evidenced by deed recorded in deed book 4104, pages 871-872, Cumberland County Registry. (Fayetteville Ordinance) P95-49 This item was presented in the agenda packet by the Planning Board staff with a recommendation for approval to R10 from R15. Councilmember Bolton moved to approve the rezoning to R10, seconded by Councilmember Kendrick and carried unanimously. 8. Consideration of the rezoning from C3 Heavy Commercial District and R5A Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the West side of US 401 Bypass (Skibo Road), North of Yadkin Road and being the property of Rudolph V. Smith as evidenced by deed recorded in deed book 692, page 5; Herman W. Smith as evidenced by deed recorded in deed book 692, page 12; and Herman W. Smith, Lisa Smith, Rudolph V. Smith, Cassandra Smith, Taylor and Kevin Smith as evidenced by deed recorded in deed book 3995, page 611 Cumberland County Registry. (Fayetteville Ordinance) P95-55 This item was presented in the agenda packet by the Planning Board staff with a recommendation for approval. Councilmember McBryde moved to approve the rezoning as recommended, seconded by Councilmember Massey and carried unanimously. 9. (Pulled from agenda) 10. Consideration of adoption of Ordinance Amending Chapter 26A Fayetteville City Code (Street Numbering), deleting provisions for painting house number on curb. This item was presented in the agenda packet with a recommendation for adoption of the ordinance. ORDINANCE AMENDING CHAPTER 26A, STREET NUMBERING. ORDINANCE NO. S1995-8. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Blackwell and carried unanimously. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book S1995. 11. Report of Policy Committee This item was presented by Councilmember McBryde, Chairman, with a recommendation from the committee to return the Incidental Home Occupation Ordinance to council to consider as a whole. Mr. McBryde said the second item was consideration of city participation in regard to development. He said this is still being worked on by staff and would be reported on later. 12. Consideration of award of purchase to FMC Corporation, for 2 used jetway bridges for Airport. Deputy City Manager Stancil presented this item and recommended award of purchase of contract to FMC Corporation, Jetway Systems, of Ogden, Utah, in the amount of $160,802.00 for two each used jetway bridges and authorization to purchase using a sole source vendor as allowed. He said that through the actions of Assistant Airport Director Toney Coleman, the city will be saved over $240,000.00. Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember and carried unanimously. Mayor Pro Tem Blackwell commended Mr. Coleman for saving the city this amount of money and suggested that Council consider a way to do some type of public thank yous to the city employees in the future. City Manager Smith said that letters of commendation written by Department Heads and Supervisors are placed in the personnel files and there are award ceremonies held quite often. Councilmember Cheek asked to have Councilmembers notified of the award ceremonies so they can make an effort to attend. 13. APPOINTMENTS: A. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. Councilmember Ross moved to elect John McCants to a second three-year term, seconded by Councilmember Massey and carried unanimously. B. Nominations to fill one vacancy on Redevelopment Commission. Mayor Dawkins referred to the nomination form from Mr. Massey for Andy McCall and called for a vote. Mr. McCall was elected unanimously. C. Nominations to fill three vacancies on Airport Commission. Nominations for the three vacancies were as follows: Mr. A. B. Bryant nominated by Councilmember Cheek, Mr. Hank Debnam nominated by Councilmember Massey, Mr. Donald R. Patton nominated by Councilmember Massey, Dr. Dudley Miller nominated by Councilmember Robertson, Mr. Forrest H. DeShields nominated by Councilmember Blackwell, Mr. Charles H. Harrell nominated by Councilmember McBryde and Mr. R. B. Goforth nominated for a second term by Councilmember Blackwell. D. Nominations to fill one vacancy on Joint Planning Board. Councilmember Ross nominated Ms. Peggy Vick and Councilmember Massey nominated Mr. Chris Harris. E. Nominations to fill one vacancy on Public Works Commission. Councilmember Torrey nominated Mr. Robert W. (Sandy) Saunders and Councilmember Cheek nominated Ms. Terry Union. INFORMATION ITEMS: 1. Report of tax refunds less than $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. 2. Airport Commission - minutes of April 25, 1995. 3. Recreation and Parks Advisory Commission - minutes of April 24, 1995. 4. Redevelopment Commission - minutes of May 10, 1995. 5. PWC - minutes of May 10, 1995. 6. Human Relations Commission - agenda for June 8, minutes of May 11, 1995. 7. Building & Properties Committee - minutes of May 23, 1995. 8. Downtown Committee - minutes of March 31, 1995. 9. Art Committee - minutes of February 7, 1995. 10. Fayetteville Appearance Commission - minutes of April 3, 1995. 11. Fayetteville Appearance Commission - minutes of April 25, 1995. 12. Fayetteville Appearance Commission - minutes of May 10, 1995. 13. Fayetteville City Council Special Meeting Notice on June 6, 1995 at 5:30 p.m. in the first floor Multipurpose Room. 14. Thank you note from C.R. Edwards. 15. Letter from John W. Spiesberger, III to the Mayor. There being no further business the meeting was adjourned upon motion and second at 8:45 p.m. BUDGET WORKSHOP JUNE 6, 1995 FAYETTEVILLE CITY COUNCIL BUDGET WORKSHOP CITY HALL FIRST FLOOR MULTIPURPOSE ROOM JUNE 6, 1995 7:00 PM Present: Mayor J.L. Dawkins Councilmembers Breeden Blackwell, Milo McBryde, Tommy Bolton, Ida Ross, Robert Massey, Thelbert Torrey, Suzan Cheek and Mark Kendrick Absent: Councilmember Nat Robertson Staff Present: John P. Smith Robert C. Cogswell Ben Brown Jimmy Teal Jerome Brown Lisa Smith Mayor Dawkins called the meeting to order at 7:00 PM and mentioned that Councilmember Robertson may not be here tonight or may arrive later. Mayor Dawkins then recognized City Manager John Smith to begin the budget presentation. Mr. Smith began his discussion with the Transit Department. A chart was presented on the revenue of the system. Approximately $870,000 comes from fare box and user fees, $840,000 from the federal and state governments, and $810,000 from the City. Mr. Smith stated the breakdown of one-third from transit revenue, one-third from federal operating assistance and one-third from the City has been basically the situation for the last 15 years. Councilmember McBryde asked Mr. Smith about the continuation of federal operating assistance. Mr. Smith stated that it appeared that the federal operating assistance will be phased out over a three to five year period. The capital assistance which is now 80% from the federal government is proposed to be cut to 50%. Both Mr. Smith and Mr. Jerome Brown, Transit Director, agreed that the capital reduction would have a major impact since our current fleet was originally purchased 17 years ago. Mr. Smith stated the proposed transit budget is business as usual, but in a couple of years this will not be the case. After some further discussion, the Council asked Mr. Smith to keep them informed of any action taken in Congress regarding operating and capital assistance. The next department the City Council reviewed was the Airport. Mr. Smith stated that the Airport receives capital money from the federal government, but no operating money. The good news is that the Airport is now self-supporting. Mr. Smith then presented the following chart showing the Airport revenue. Property Leases - $ 837,000 Franchise Fees - $ 656,000 Landing Fees - $ 254,000 Training Facility Fees- $ 84,000 Other - $ 25,000 Public Safety Reimb. - $ 84,000 Investments - $ 40,000 ____________ TOTAL REVENUE $ 1,980,000 Mr. Smith explained that Congress was looking at cutting back on the federal AIP grants to airports. The Airport Commission is looking at this proposed cut and its effect on the Airport. The general consensus of the Airport Commission is to put general aviation projects as top priority and push other projects back. The next item discussed by the City Council was the General Fund. Mr. Smith stated that property taxes and sales tax is by far the largest component of the revenue stream of the General Fund. Councilmember Blackwell asked about the formula with PWC and how it impacts the General Fund revenues. Mr. Smith stated that is an issue the City Council may wish to review with PWC in light of the recent contract with CP&L. Mr. Smith further explained that it is important that the General Fund has a steady revenue source from the electric profits and not a fluctuation each year. Councilmember Blackwell discussed the need for City Council look at fee schedules in light of the revenue report. The City Council next looked at some individual departments within the General Fund. They included Mayor & Council, City Attorney’s Office, City Manager’s Office, Personnel, Finance, Information Systems and Administrative Services. Councilmember Kendrick asked the City Attorney about the amount of money that is budgeted for outside legal assistance. Mr. Kendrick stated that with the addition of the Assistant City Attorney this cost should drop. Mr. Cogswell reported that he hoped this amount would drop, but it depends on the number of cases and the type of case. Mr. Cogswell explained that the Assistant City Attorney is handling much of the code enforcement cases which allows him time on other cases. However, the decision to use outside legal services depends upon his knowledge and expertise on the particular subject and whether it is in the best interest of the City to seek outside legal representation. Councilmember Blackwell asked Mr. Smith to provide to the City Council a list of vehicles being purchased by the City and PWC at their next budget meeting. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, the Council voted unanimously to recess until Monday, June 12, 1995, 7 PM in the first floor Multi-Purpose Room of City Hall. BUDGET WORKSHOP JUNE 12, 1995 (CONTINUED FROM JUNE 6, 1995) FAYETTEVILLE CITY COUNCIL BUDGET WORKSHOP (CONTINUED FROM JUNE 6, 1995) FIRST-FLOOR MULTI PURPOSE ROOM CITY HALL JUNE 12, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Robert A. Massey, Jr. (arrived at 7:30 pm.), Thelbert Torrey, Suzan Cheek, and Mark Kendrick Others Present: John Smith, City Manager Roger L. Stancil, Deputy City Manager Robert Cogswell, Jr., City Attorney Staff and members of the Public Works Commission Mayor Dawkins called the meeting to order and recognized Public Works Commission Chairman Lyndo Tippett for introductory comments. Mr. Tippett indicated that this had been a very successful year for PWC with the highlights being the implementation of the agreement with CP&L and the appointment of Steve Blanchard as general manager. Steve Blanchard then presented a summary of the Public Works Commission budget. Councilmember McBryde suggested that the commissioners' pay should be increased to $500 or $600 per month. Councilmember Cheek questioned the efforts of the commission in improving street lighting and asked whether funds to implement the water and sewer extension agreements between the city and county were included in this budget. Jim Martin of the Public Works Commission addressed the street lighting question and Steve Blanchard discussed the water/sewer extension funding. John Smith, city manager, and Steve Blanchard discussed the current formula for transfers from PWC and the ongoing discussions of changes in that formula. Councilmember Ross moved that the City Manager's budget include a salary for PWC commission members of $500 and $600 for the chairman. This motion was seconded by Councilmember McBryde. The motion carried with Mr. Blackwell voting in the negative. Council then proceeded to discuss the budgets of the Police department, Fire/Emergency Management, and the Recreation/ Community Facilities departments. Council then discussed the outside agency recommendations. Upon motion by Councilmember Bolton, seconded by Councilmember Cheek, Council voted unanimously to excuse Councilmember McBryde for illness at 9:35 p.m. Councilmember Blackwell moved that the Council endorse the outside agency budget presented by the City Manager with the following changes: plus $50,000 for Airborne Museum, plus $10,000 for the Arts Council, plus $5,000 for the Big Brothers/Big Sisters program, plus $10,000 for the Salvation Army, plus $10,000 for the Botanical Garden, less $12,000 in contingency for a total increase of $73,000. This motion was defeated with Councilmembers Torrey, Blackwell and Massey voting in the affirmative, Councilmembers Robertson, Bolton, Ross, Cheek, and Kendrick voting in the negative. Upon motion by Councilmember Cheek, seconded by Councilmember Bolton, Council voted unanimously to increase the outside appropriations by $10,000 to the Salvation Army. Councilmember Blackwell then offered his previous motion deleting the $5,000 for the Big Brothers/Big Sisters program and the $10,000 for the Botanical Garden until more information could be gathered about the proposed lift station. This motion carried with Councilmembers Blackwell, Bolton, Ross, Massey, and Torrey voting in the affirmative, Councilmembers Cheek, Robertson, and Kendrick voting in the negative. Councilmember Massey moved that the Council approve $5,000 for the Big Brothers/Big Sisters program. Councilmember Torrey seconded the motion. The motion was defeated with Councilmembers Torrey, Blackwell, and Massey voting in the affirmative, Councilmembers Robertson, Bolton, Ross, Cheek, and Kendrick voting in the negative. Upon motion by Councilmember Kendrick, seconded by Councilmember Cheek, Council voted unanimously to adjourn the meeting at 10:00 p.m. REGULAR MEETING JUNE 19, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JUNE 19, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Ron Hansen, Chief of Police Robert Barefoot, Recreation/Community Facilities Director Steve Blanchard, PWC Manager Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Rev. William M. (Scotty) Brock, Associate Director of St. Johns Episcopal Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins recognized Robbie Anderson with Boy Scout Troop 77 at Snyder Memorial Baptist Church present for the meeting tonight. At this time City Manager Smith reported on the situation within the city caused by the more than five inches of rain. He commended Deputy Fire Chief Hall for managing the emergency center in Chief Piner's absence. 1. APPROVAL OF AGENDA City Manager Smith requested a change in the agenda item 2.O, which should read "Adoption of resolution" to advertise. Councilmember McBryde moved to approve the agenda with the change and deleting item 5. because Council does not have candidates for Boards and Commissions to appear before nomination and this should go before Policy Committee. The motion was seconded by Councilmember Kendrick. Discussion ensued, and Councilmembers Blackwell and Massey established that Mr. Patton had followed procedures to be put on the agenda to speak to Council. City Manager Smith said that is why he put this request on the agenda, but that it is for Council to consider his request to address Council and to make the decision of hearing from him. Councilmember Cheek requested an amendment to the motion in that item 3.B include that it is raising the fine for junk cars. City Attorney Cogswell explained that this is for any zoning violation, not just junk cars. Councilmember Cheek said this should be cleared up in this item and any future items that only make reference to a code number being changed. The amendment was accepted. Mayor Dawkins called for a vote and it passed 5 to 4 with Councilmembers Blackwell, Torrey, Massey, and Ross in opposition. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. There being none, Councilmember McBryde moved to approve the consent agenda. After a second from Councilmember Cheek, the consent agenda and following items were unanimously approved. A. Approve amended minutes of information meeting of April 24, 1995. B. Approve minutes of regular meeting of June 5, 1995. C. Approve minutes of budget workshop held on Tuesday, June 6, 1995. D. Adopt resolution approving renewal of Lease Agreement with Cumberland County for space for Jobs Training Service in former City Hall Building. RESOLUTION AUTHORIZING LEASE OF CITY PROPERTY TO CUMBERLAND COUNTY (OLD CITY HALL TO JOBS TRAINING SERVICE). RESOLUTION NO. R1995-042. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. E. Adopt resolution approving renewal of Lease Agreement with Cumberland County Community Action for space in the former City Hall Building. RESOLUTION AUTHORIZING LEASE OF CITY PROPERTY TO CUMBERLAND COMMUNITY ACTION PROGRAM INC. RESOLUTION NO. R1995-043. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. F. Adopt resolution authorizing condemnation to acquire certain property of Danny Odom and wife, Sheila Odom; Thurman Burnette, Trustee; and the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture; and the Cumberland County Tax Collector.(PWC) RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF DANNY W. ODOM, AND WIFE, SHEILA W. ODOM; THURMAN E. BURNETTE, TRUSTEE; AND THE UNITED STATES OF AMERICA, ACTING THROUGH THE FARMERS HOME ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE; AND THE CUMBERLAND COUNTY TAX COLLECTOR. RESOLUTION NO. R1995-044. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. G. Adopt order authorizing disposal of surplus City vehicles. Disposal of two 1987 Dodge Handicapped Vans by a private sale to Christ United Gospel Fellowship Christian Center for $1,250 each pursuant to N.C.G.S 160A-267. H. Adopt resolution authorizing the Mayor to execute State Airport Aid Grant Agreement (AIP-15). WHEREAS, a grant in the amount of $16,578 has been approved by the department based on a total estimated cost of $331,558 and WHEREAS, an amount equal to or greater than 50 percent of the non-federal share of the total project cost has been appropriated by the sponsor for this project. NOW THEREFORE, BE AND IT IS RESOLVED THAT THE Mayor of the sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the department, thereby binding the sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any mutually agreed upon modification thereof. I. Adopt Amendment No. 1 to the Federal Grant Agreement and authorizing the Mayor to execute.(Airport Grant AIP-16) This amendment permits the city to use the "Letter of Credit Method" for drawing down federal participation in the project. It will allow the city to directly access Treasury Funds as opposed to request reimbursement by check issuance. J. Adopt Special Revenue Fund Project Ordinance 95-14 (GHSP-"Booze It & Lose It"). This ordinance appropriates the $4,574 previously accepted by Council to the program. No local matching funds are required. K. Adopt Special Revenue Project Ordinance Amendment Number 95-10 (Police-Controlled Substance Tax/Federal Forfeiture). This amendment appropriated proceeds from the reference tax in the amount of $2,420 and $1,404 from Federal Forfeiture funds. Pursuant to previously established practice, the funds are being set up in a contingency account for specific disbursement control subject to the approval of the City Manager. These funds, by General Assembly intent, are to be used exclusively for enhanced law enforcement activities. L. Adopt Capital Project Ordinance Amendment Number 95-14 (Vehicle Lease Program). Project expenditures are listed as $506,255; amendment is $135,652 and the revised amount is $641,907. M. Adopt Capital Project Ordinance Closeout 95-2 (Vehicle Lease Program). The project expenditures budget amount was $641,907 and the actual was $641,907. N. Approve authorization for the City Manager, Deputy City Manager and Finance Director to execute certain contracts with BB&T Leasing Corporation for the Lease Purchase of various equipment. The City requested financing proposals form five firms that provide tax-exempt municipal leasing. The terms requested included 2,3 and 5 year amortization. A synopsis of the quotes received are as follows: Firm Quoted Interest Interest Cost Rate Over Term *BBT Leasing 5.24% to 5.59% $30,526.15 GE Capital Public Finance 5.48% to 5.61% $321,136.75 First Union National Bank 5.45% to 5.86% $32,035.16 Wachovia Leasing None quoted None quoted First Citizens Bank None quoted None quoted O. Approve resolution approving advertisement for closing a portion of Dartmouth Drive. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF DARTMOUTH DRIVE. RESOLUTION NO. R1995-045. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. P. Approve award of construction contract for sidewalks on Owen Drive to Nortec Construction Services, Inc., of Fayetteville, NC (Bond Project) in the amount of $316,400, sole bidder. Q. Approve of the following PWC Matters: 1. Award of contract for purchase of 100 tons of Corrosion Inhibitor to Technical Products, low bid in the amount of $51,380. Bids received were as follows: Technical Products (Portsmouth, VA) $51,380.00 Southchem (Durham, NC) $58,400.00 Prillaman (Suffolk, VA) $68,000.00 2. Award of contract for purchase of four (4) 1500 kVa Padmounted Transformers to Scott-Parish Electrical Supply, low evaluated bid in the amount of $53,639.04. Bids received were as follows: Scott-Parish (Raleigh, NC) $53,639.04 WESCO (Raleigh, NC) $55,656.00 HESCO (Smithfield, NC) $67,376.00 National Transformer (Raleigh, NC) $74,520.00 Power Supply (Matthews, NC) $75,280.00 Rigby Electric (Rocky Mount, NC) $75,532.00 Eastern Electric (Rocky Mount, NC) $93,148.00 3. Award of contract for purchase of two (2) 69kV Fault Interrupters for Water Works Substation to Power Supply, low bid in the amount of $73,360.00. Bids received were as follows: Power Supply (Matthews, NC) $73,360.00 Rigby Electric (Rocky Mount, NC) $73,620.00 4. Award of contract for the Cross Creek/Rockfish Creek WWTP Mechanical Ventilation and Fixed Stairs for Confined Space to McCune Technology (Structural Contractor) sole bid in the amount of $37,500.00; Henry Baker Heating (Mechanical Contractor), low bid in the amount of $101,500.00. Bids received were as follows: Structural: MeCune Technology (Fayetteville, NC) $37,500.00 Mechanical: Henry Baker Heating (Wilson, NC) $101,500.00 Bass Air Conditioning (Fayetteville, NC) $193,135.00 5. Award of contract for construction of water and sanitary sewer mains to serve Fayetteville Annexation 1994 Area 208-A (Fleetwood Lakes/Devonwood, Valley Forge Subdivision, North Shore Estates, John Marshall Road) to Triangle Paving, Inc., low alternate bid in the amount of $1,342,813.00. Bids received were as follows: Triangle Paving, Inc. (Burlington, NC) $1,342,813.00 R. H. Moore Company (Murrells Inlet, SC) $1,406,131.00 State Utility Contractors (Monroe, NC) $1,456,517.50 6. Award of contract for construction of a 69kV Transmission Line along Tom Starling Road to R. H. Bouligny, low bid in the amount of $465,810.78. Bids received were as follows: R. H. Bouligny (Charlotte, NC) $465,810.78 L. E. Myers (Rural Hall, NC) $518,773.25 C. W. Wright (Chester, VA) $581,373.66 Weeks Construction (Asheboro, NC) $591,323.77 Stackhouse (Goldsboro, NC) $666,114.67 Sumter Builders (Sumter, NC) $721,027.99 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of Storm Water Utility ordinance. This item was presented by Assistant City Manager Teal. He said the county is also having a public hearing tonight. This is the advertised public hearing for citizen input. The public hearing was opened at 7:24 p.m. There being none to speak on this matter the public hearing was closed. Councilmembers Ross and Cheek were concerned about new developments and storm runoff and want staff to check to see how ordinance deals with this along with the storm water quality ordinance. Councilmembers Kendrick and Blackwell were also concerned with storm water runoff into drains and the possibility of containerized yard trash in the future. City Manager Smith said that action is not requested at this meeting, but if the county decided to move forward, the interlocal agreement will probably be placed on council's information meeting agenda. Councilmember Kendrick left the Council Chamber at 7:31 p.m. B. Consideration of amendment and revisions to the City of Fayetteville Code of Ordinances, Article IX, (Zoning Administration and Enforcement), Section 32-65 "Penalties" by deleting the first sentence of Section 32-65(a) and substituting the following therefore: "Unless otherwise specified, a violation of this chapter shall subject the violator to a civil penalty in the sum of one hundred ($100.00)" for any violation of this chapter; and by amending Section 32-65(b) by deleting wherever they occur the words and figures, to wit: "Fifty Dollars ($50.00)" and substituting therefore the words and figures, to wit: "One Hundred Dollars ($100.00)".(P95-58) This item was presented by Planning Director George Vaughan with a recommendation from the Planning Board for adoption of the ordinance. This is the advertised public hearing. Councilmember Kendrick returned to Chamber at 7:35 p.m. The public hearing was opened at 7:36 p.m. and there being none to be heard in favor or opposition the public hearing was closed. ORDINANCE AMENDING ARTICLE IX "PENALTIES". RESOLUTION R1995-009. Councilmember Bolton moved to adopt the foregoing ordinance, seconded by Mayor Pro Tem Blackwell and carried unanimously. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1995. 4. Consideration of the following Budget matters: A. Adoption of Final Amended Fiscal Year 1994-95 Budget Ordinance. City Manager Smith presented this item. He said this amendment was for city departments other than PWC, because the PWC final amendment was adopted at the last meeting. This reconciles all the amendments and encumbrances to this point. The grand total estimated revenue is $60,175,900.00. The recommended action was for adoption of the ordinance. Councilmember Bolton moved to adopt the amended budget ordinance as recommended, seconded by Councilmember Robertson and carried unanimously. This ordinance amendment is on file in the clerk's office in Budget Ordinance Book FY1994-95. B. Adoption of resolutions for Capital Reserves: 1. Water and Sewer Utilities Capital Reserve 2. Administration Building Capital Reserve This item was presented by City Manager Smith. He said these resolutions would establish those Capital Reserve Funds which would be good for the next seven years. The recommendation was for adoption of the resolutions. RESOLUTION ESTABLISHING A WATER AND SEWER UTILITIES CAPITAL RESERVE FUND. RESOLUTION NO. R1995-046. RESOLUTION ESTABLISHING AN ADMINISTRATION BUILDING CAPITAL RESERVE FUND. RESOLUTION NO. R1995-047. Councilmember Robertson moved to adopt the foregoing resolutions, seconded by Councilmember Bolton and carried unanimously. Copies of the foregoing resolutions are on file in the clerk's office in Resolution Book R1995. C. Consideration of adoption of Fiscal Year 1995-96 Budget Ordinance. Councilmember Massey moved to authorize the City Manager to budget $5,000 as a one-time appropriation to assist in service delivery of the Big Brothers/Big Sisters of Fayetteville/Cumberland County and this money not to be used for salaries or personnel benefits, but for use in delivery of services to the people, seconded by Councilmember Torrey. Following discussion, the motion failed 4 to 5 with Councilmembers Ross, Cheek, Robertson, Massey, and Kendrick in opposition. City Manager Smith presented this item. He said there were amendments to the budget as directed by council at the budget work shops and this includes 3.5 percent increase for the employees who qualify through merit raises. Mayor Pro Tem Blackwell moved to adopt the 1995-96 Budget with amendments, seconded by Councilmember Torrey. Mayor Pro Tem Blackwell did not want the D.A.R.E. program to be discontinued in the schools, working with the youth. Police Chief Hansen responded that he felt that investigators should be assigned to work with troubled youths between the ages of six and twelve and additional investigators assigned to youths above that. Therefore, he will place the D.A.R.E. officers into new youth service programs that will pay higher dividends in the long run. Mayor Pro Tem Blackwell asked Carol Leslie Hudson, School's Drug Awareness Supervisor, what she felt would be the positive effects of the D.A.R.E. program in the elementary schools in the city. Ms. Hudson said approximately 2,000 city students in the 5th and 7th grade graduated from the D.A.R.E. program this past year and every chemical use decreased with the exception of alcohol and tobacco. She said that teachers and parents have attributed this to the D.A.R.E. program. Councilmember Cheek requested to put this on the July information agenda for further discussion with staff. Following discussion, Mayor Pro Tem Blackwell withdrew his motion to adopt the budget, because of the withdrawal of the D.A.R.E. program. Councilmember Torrey moved to adopt the budget as presented, seconded by Councilmember Ross. Councilmember McBryde offered a substitute motion to adopt the budget with the exception of Airborne Museum at Fort Bragg and Metrovisions to be held in contingency until further discussion, seconded by Councilmember Cheek. Following further discussion, Mayor Dawkins called for a vote on the substitute motion and it failed 3 to 6 with Councilmembers Ross, Massey, Robertson, Blackwell, Kendrick, and Torrey voting in opposition. Mayor Dawkins asked for any further comments on the main motion to adopt the budget for FY1995-96 and Mayor Pro Tem Blackwell said he would vote against it only because of the omission of the D.A.R.E. program. The motion failed 4 to 5 with Councilmembers Blackwell, McBryde, Kendrick, Massey, and Cheek opposed. Councilmember Kendrick moved to adopt the FY1995-96 Budget Ordinance as presented and hold all outside agency funds in contingency for two weeks, seconded by Councilmember McBryde. Mr. Smith clarified that this motion would adopt this budget as presented, including salaries for mayor and council and putting $485,000 in a contingency account, which is now in the outside agency account. Following discussion, the motion passed 7 to 2 with Councilmembers Torrey and Blackwell in opposition. D. Consideration of setting salaries for Public Works Commission members. This item was presented in the agenda packet by the City Manager with a recommendation to set the salaries at $500 for commission members and $600 for the chairman. Councilmember McBryde moved to follow the recommendation to set the salaries, seconded by Councilmember Cheek. Mayor Pro Tem Blackwell said he could not support this motion as he expressed at the last budget session with PWC members present. The motion passed 7 to 2 with Councilmembers Blackwell and Massey in opposition. 5. (Pulled from the agenda) 6. Discussion of Lafayette Hotel Property. This item was presented by City Manager Smith requesting authorization to proceed with the demolition of the remaining structure and clearing of the lot. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously. 7. Consideration of adoption of Resolution authorizing a Municipal Agreement for the Raeford Road/Fairfield Road intersection. This item was presented by Assistant City Manager Teal in the agenda packet with a recommendation to adopt the resolution. WHEREAS, the City of Fayetteville proposed to make certain street and highway improvements to state system street within the Municipality; consisting of the improvement to the intersections of: US 401 Business (Raeford Road) at Fairfield Road; WHEREAS, the Department of Transportation and the City of Fayetteville propose to enter into an agreement for construction of the aforementioned highway improvement whereby the City of Fayetteville agrees to design the project plans, acquire the right of way and adjust utilities, award the construction contract, and supervise project construction; and, WHEREAS, said agreement provides for the City of Fayetteville to be responsible for the costs of design and preparation of plans for the entire project, for the costs of engineering and supervision of construction of the entire project, and for administrative costs incurred in the acquisition of right of way of the project; and, WHEREAS, said agreement further provides for the Department of Transportation to reimburse the City of Fayetteville a lump-sum amount of $40,000 toward the construction cost of the intersection improvement of US 401 Business (Raeford Road) at Fairfield Road. NOW THEREFORE, BE IT RESOLVED that said project in Cumberland County, is hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. Councilmember Kendrick moved to follow the recommendation to adopt the resolution, seconded by Councilmember Bolton and carried unanimously. 8. Consideration of adoption of ordinance amending Section 28-132(c)(1), Suspension or Revocation of Taxi Driver's Permit, of the Code of Ordinances of the Fayetteville City Code. This item was presented by City Attorney Cogswell with the recommendation for adoption of the ordinance. ORDINANCE AMENDING SECTION 20-132(c)(1), SUSPENSION OR REVOCATION OF TAXIDRIVER'S PERMIT. ORDINANCE NO. S1995-10. Councilmember Cheek introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross and carried unanimously. Mayor Pro Tem Blackwell asked if a revocation can be added where the taxidriver transports and delivers drug dealers. Mr. Cogswell said we could do no more than we are currently doing, however, he will check into Mr. Blackwell's suggestion further. The vote was unanimous. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1995. 9. Consideration of adoption of ordinance amending Section 21-30.6(b)(2) Special Permits for Relief from Noise Ordinance Limits - Entertainment, of the Code of Ordinances of the Fayetteville City Code. This item was presented in the agenda packet by the City Attorney with a recommendation to adopt the ordinance. ORDINANCE AMENDING SECTION 21-20.6(b)(2) SPECIAL PERMIT FOR RELIEF FROM NOISE ORDINANCE LIMITS - ENTERTAINMENT. ORDINANCE NO. S1995-11. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1995. 10. Consideration of extension of residential and commercial solid waste collection contracts with American Refuse Systems. This item was presented by Deputy City Manager Stancil with a recommendation to approve the contract. Councilmember Bolton moved to follow the recommendation to approve the contract as recommended, seconded by Councilmember Kendrick and carried unanimously. 11. Report from Buildings and Properties Committee. Councilmember Bolton, Chairman of the Committee, requested City Manager to present this item with the recommendation. City Manager Smith said the proposal is to lease the property to a developer who will develop a municipal golf course in accordance with the lease, operate and manage it in accordance with the lease agreement for a period of years at no cost to the city. He said the city is recommending council authorize the city administration to enter into negotiations and return to council with the final documents for approval and to keep council informed. Councilmember Cheek asked for a definition of a municipal golf course as the lease proposal is currently structured. He responded that a municipal golf course would be a daily fee course that is never closed to the public because of membership and it would be operated on property owned by the city. Councilmember Cheek requested Robert Barefoot, recreation/ community facilities director, to check into the possibility of programs for youth and underprivileged. Councilmember Bolton moved to follow the recommendation to authorize the city administration to enter into negotiations, seconded by Councilmember Cheek and carried unanimously. 12. APPOINTMENTS: A. Election of nominees to fill three vacancies on Airport Commission. Mayor Dawkins called for a vote on the nominees. Dr. Dudley Miller was elected with 8 votes, Mr. Charles J. Harrrell was elected with 5 votes and Mr. Hank Debnam was elected with 3 votes in the runoff. These are two-year terms. B. Election of nominees to fill one vacancy on Joint Planning Board. Councilmember Ross withdrew Ms. Peggy Vick in support of Mr. Chris Harris. Councilmember Cheek nominated Ms. Peggy Vick. Mr. Chris Harris was elected with 7 votes and Ms. Vick received 2 votes. C. Election of nominees to fill one vacancy on Public Works Commission. Rev. Robert W. (Sandy) Saunders was elected with 7 votes and Ms. Peggy Union received 2 votes. D. Nominations are need to fill six vacancies on Appearance Commission. Nominations were made as follows: Mr. Alf Clark, Jr. nominated by Councilmember McBryde; Ms. Ashton Fox nominated by Councilmember McBryde; Mr. William Pierce nominated by Councilmember Kendrick; Mr. Alvin Marshall nominated by Councilmember Kendrick; Ms. Dianne MacIlwinen nominated by Councilmember Cheek; and Ms. Elizabeth Nimocks nominated by Councilmember Cheek. 13. ADMINISTRATIVE REPORTS: A. Update on Housing Initiatives was presented in the agenda packet. INFORMATION ITEMS: 1. Listing of streets on Moorman, Kizer and Reitzel Design Contract approved June 5, 1995. 2. Status report on Eufaula Street Relocation Project. 3. Statement of taxes collected for the month of May, 1995, from the Cumberland County Tax Collector. 4. FACVB - minutes of May 11 and May 17, 1995. 5. Police Department - monthly report from Office of Professional Standards for the month of May, 1995. 6. PWC - minutes of May 24, 1995. There being no further business the meeting was adjourned at 9:35 p.m. upon motion and second. INFORMATION MEETING JUNE 26, 1995 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER JUNE 26, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3)- (arrived 7:17 p.m.); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer George Vaughan, Planning Director Frank Simpson, Inspections Director Frances Jackson, Planning Staff Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Councilmember Ross, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced that Miss Fayetteville, Dena Briggs, was a top ten finalist in the Miss North Carolina contest recently. He also recognized that a neighboring town, Lumberton, was recently awarded as an All-America City. Mayor Dawkins said that Councilmember Massey had come to the meeting but had to leave and would return as soon as possible. 1. APPROVAL OF AGENDA City Attorney Cogswell said item 6. is for legal representation by James Holmes and requested that item 8. be a closed session for litigation and the case of Sherry Johnson- McKoy vs. the City of Fayetteville. Councilmember Kendrick left the chamber at this time. Councilmember Bolton moved to approve the agenda with the changes, seconded by Councilmember Torrey and carried unanimously 8 to 0 with Councilmember Massey absent. Councilmember Kendrick returned to the Council Chamber. Councilmember Bolton moved to excuse Councilmember Massey until his arrival, seconded by Councilmember Robertson and carried unanimously. 2. Consideration of outside agency budget for FY 1995-96. City Manager Smith presented this item saying that council had set aside $458,000 in contingency to be considered later, and the proposed funding for Other Appropriations is in the agenda packet. He said the amount shown for the Airborne Museum should be corrected to $50,000. Councilmember Cheek moved to approve this budget as proposed and add $5,000 one-time seed grant for Big Brothers/Big Sisters to be used only for services and not for staff to the young people who are residents of the city. The motion was seconded by Councilmember Torrey and carried 6 to 2 with Councilmembers McBryde and Kendrick voting in opposition, and Councilmember Massey absent. 3. Presentation by CONTACT of Fayetteville. David Bock, President, and Gladys Edwards, Chairman, shared a few facts about CONTACT and invited mayor and council to their 25th anniversary on July 13, 1995, to honor businesses, organizations, and volunteers who have made this celebration possible. 4. Discussion of Incidental Home Occupation. Councilmember Massey arrived at 7:17 p.m. This item was present by Councilmember Kendrick. He gave a brief review and moved to adopt the ordinance placing the current provisions in one section of the City Code Book. The motion was seconded by Councilmember Cheek. A substitute motion was offered by Councilmember Robertson to adopt the motion, but delete section 10-A, which would delete no display or stocking of products not produced on the premises, seconded by Councilmember Massey. There was discussion and Councilmember Blackwell offered a friendly amendment to the substitute motion to revisit the matter in one year. Councilmember Robertson did not accept the amendment, because council can revisit any of the ordinances at any time and he did not want to put that restriction on this ordinance. Councilmember Cheek offered a friendly amendment to retain section A with a provision that there should be no continuous or permanent display. The amendment was not accepted because of difficulty in enforcement. The substitute motion failed 3 to 6 with Councilmembers Ross, Cheek, Blackwell, Bolton, Kendrick, and Torrey in opposition. Mayor Dawkins called for a vote on the original motion to adopt the ordinance as presented and it carried 7 to 2 with Councilmembers Robertson and Ross opposed. The ordinance title is as follows: ORDINANCE AMENDING CHAPTER 32, ZONING (INCIDENTAL HOME OCCUPATION). ORDINANCE NO. S1995-12. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1995. 5. Update on Cablevision services. City Manager Smith presented this item. He said Cablevision is interested in negotiating an extension to their franchise and this can be done jointly with the towns of Hope Mills, Spring Lake, the City of Fayetteville, and Cumberland County. He said investigation is being done to see if Fort Bragg can legally join in this venture. Mr. Smith said if a consultant is hired, as in the past, money would be saved by doing this as a joint venture. He said there is a chance that the garrison commander at Fort Bragg would be involved. Mr. Smith added that this is an open franchise. Councilmember Cheek requested briefings over the next few months on the technology upgrades and changes to cablevision. It was the consensus of council that Mr. Smith begin looking for a possible consultant to handle the possible joint negotiations and to begin briefings with council. At this time Mayor Dawkins recognized Dr. Ernie Johnson, Chairman of Metrovisions, and Cathy Lada, who covers the council meetings for the Chamber of Commerce. 6. Request for legal representation. City Attorney Cogswell said this request arose out of a bus accident with James Holmes as the driver. Mr. Cogswell said he finds that Mr. Holmes was acting in the course and scope of his employment at the time and requests council authorize his representation of Mr. Holmes in the matter of Kelly Harley vs. the City of Fayetteville. Councilmember Torrey moved to follow the recommendation, seconded by Councilmember Robertson and carried unanimously. 7. APPOINTMENTS: A. Nominations to fill six vacancies on Appearance Commission. Mayor Dawkins ruled that the two two-year terms would end December 1996, and the three one-year terms would end December 1995. Councilmember Kendrick moved to elect Mr. Alf R. Clark, Jr. and Mr. William Pierce for the two-year terms to December 1996, seconded by Councilmember McBryde and carried unanimously. Councilmember Kendrick then moved to elect Mr. Alvin Marshall, Ms. Diane MacIlwinen and Ms. Elizabeth Nimocks to serve one-year terms to December 1995. Mayor Pro Tem Blackwell moved to place Billy Cashion at-large from the architect category, seconded by Councilmember Massey and carried unanimously. The architect category is vacant. B. Nominations to fill two vacancies on Board of Adjustment. There were no nominations to fill the vacancies of D. Ralph Huff and Kenneth C. Lancaster, Jr. who are not eligible for another term. C. Nominations to fill one vacancy on Parks and Recreation Advisory Commission. Councilmember Robertson nominated Mr. Bobby Davis and Councilmember Ross nominated Mr. James Florence. D. Nominations to fill three vacancies on Taxicab Review Board. Mayor Pro Tem Blackwell nominated Ms. Linda Stewart for a second term and Donald Diamond as regular member for a second term. Councilmember Kendrick nominated Ms. Louise Warren for the alternate category. Council requested staff contact the members who have not attended over 50 percent of the meetings to see what their intentions are as active members. This will be followed up by City Clerk Joyner. City Manager Smith said County Commissioners will be considering action on the storm water utilities tonight and he suggested that council might want to have a special meeting between now and the next council meeting on July 17, 1995, because the fees will need to be given to the tax collector. At this time City Attorney Cogswell requested a closed session for the purpose of litigation in the case of Sherry Johnson-McKoy, guardian of the estate of Jonathan Johnson, vs. City of Fayetteville. Councilmember McBryde moved to enter closed session for litigation, seconded by Councilmember Kendrick and carried unanimously at 8:11 p.m. Council reconvened into regular session at 8:45 p.m. and Mayor Dawkins recognized Councilmember McBryde's wife and daughter and friend who were present in the audience. INFORMATION: 1. Response to Councilmember Kendrick's inquiry regarding Forest Lake. 2. Historic Resources - agenda for June 27, minutes of May 23, 1995. 3. Invitation to ceremony unveiling new stamp. 4. Recreation and Parks Advisory Commission - agenda for June 26 and minutes of May 22, 1995. There being no further business the meeting was adjourned upon motion and second at 8:45 p.m. SPECIAL MEETING JULY 10, 1995 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING JULY 10, 1995 5:30 P.M. CITY HALL FIRST FLOOR MULTIPURPOSE ROOM Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, Milo McBryde, Nat Robertson, Ida Ross, Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek (arrived 5:35 p.m.) Mark Kendrick Absent: Councilmember Tommy Bolton - Excused Others Present: John Smith, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) Councilmember Kendrick moved to excuse Councilmember Bolton, who was on vacation, seconded by Councilmember Robertson and carried unanimously with Councilmember Cheek absent. Councilmember Massey moved to excuse Councilmember Cheek until her arrival, seconded by Councilmember Ross and carried unanimously. 1. APPROVAL OF AGENDA Councilmember Ross moved to approve the agenda as submitted, seconded by Councilmember Robertson and carried unanimously 7 to 0 with Councilmembers Cheek and Bolton absent. 2. Consideration of Adoption of a Resolution of the City Council of the City of Fayetteville Pursuant to NCGS 153A-122 Making the Storm Water Public Enterprise Ordinance of Cumberland County, enacted June 27 1995, Applicable within the City of Fayetteville. This item was presented by City Manager Smith with a recommendation to adopt the resolution setting the fee at $1.00 per month. Councilmember Cheek arrived at 5:35 p.m. Discussion followed with Council expressing a desire to have the county and city helping to alleviate the flooding problems in addition to meeting the federal requirements. Mr. Smith recommended that council adopt this resolution in order to allow the County Tax Collector to implement collections on the upcoming tax bills and then council can appeal to the county to reconsider this later. RESOLUTION PURSUANT TO NCGS 153a-122 MAKING THE STORM WATER PUBLIC ENTERPRISE ORDINANCE OF CUMBERLAND COUNTY, ENACTED JUNE 27, 1995, APPLICABLE WITHIN THE CITY OF FAYETTEVILLE. RESOLUTION NO. R1995-048 Councilmember Robertson moved to adopt the foregoing resolution as recommended, seconded by Councilmember Ross and carried unanimously, 8 to 0 with Councilmember Bolton absent. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. 2. Consideration of Adoption of a 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. This item was presented in the agenda packet by the City Manager with a recommendation for adoption of the resolution. RESOLUTION APPROVING AN AGREEMENT FOR INTERLOCAL UNDERTAKING WITH CUMBERLAND COUNTY FOR THE DEVELOPMENT OF A JOINT STORM WATER UTILITY. RESOLUTION NO. R1995-049 Councilmember Kendrick moved to adopt the foregoing resolution, seconded by Councilmember Cheek and carried unanimously, 8 to 0 with Councilmember Bolton absent. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. There being no further business, the meeting was adjourned at 5:45 p.m. upon motion and second. REGULAR MEETING JULY 17, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JULY 17, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3)- (arrived 7:17 p.m.); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John Smith, City Manager Roger L. Stancil, Deputy City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer Frances Jackson, Planning Staff Steve Blanchard, PWC Manager Ron Hansen, Police Chief Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Rev. Jean Vandergrift, First Christian Church, 1505 Fort Bragg Road, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. City Manager Smith announced the appointment of Mr. Bradley Whited as the new Airport Manager and Mrs. Lois Jircitano as the new Director of Neighborhood Services. Mr. Smith also introduced Storm Water Utilities Division Manager Mr. Greg Caison. 1. APPROVAL OF AGENDA City Attorney Cogswell asked that item 8. be postponed to the next regular meeting due to the Hester's attorney being out of state. Councilmember Bolton moved to approve the agenda without item 8. The motion was seconded by Councilmember Robertson and carried unanimously. 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 K. and O., Mayor Pro Tem Blackwell requested to pull item E. and Councilmember Massey requested to pull item O., all for discussion. Councilmember Cheek moved to approve the consent agenda with the exception of items E., K. and O. After a second from Councilmember Bolton the consent agenda and following items were unanimously approved. A. Approve minutes of Council Budget Workshop held on June 12, 1995. (Continued from June 6, 1995) B. Approve minutes of regular meeting of June 19, 1995. C. Approve minutes of information meeting of June 26, 1995. D. Approve minutes of special meeting of July 10, 1995. E. (Pulled for Discussion) F. Adopt resolution declaring costs and ordering preparation of preliminary assessment roll and setting time and place for public hearing for Englewood Drive from Cedar Creek to Dead End. (Suggested public hearing date: August 7, 1995) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING (AUGUST 7, 1995) ON PRELIMINARY ASSESSMENT ROLL FOR ENGLEWOOD DRIVE (FROM CEDAR CREEK ROAD TO DEAD END). RESOLUTION NO. R1995-50. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. G. Adopt resolution declaring costs and ordering preparation of preliminary assessment roll and setting time and place for public hearing for Dallas Street from Southern Avenue to Owen Drive. (Suggested public hearing date: August 7, 1995) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING (AUGUST 7, 1995) ON PRELIMINARY ASSESSMENT ROLL FOR DALLAS STREET (FROM SOUTHERN AVENUE TO OWEN DRIVE). RESOLUTION NO. R1995-51. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. H. Set public hearing for August 7, 1995, to consider speed limit reduction for the following: 1. Buckhead Subdivision (Ferncreek Drive, Ambrose court, Longwood place, Larkfield Court, Brae Mar Place, Huntsfield Road, Ravencroft Drive, Longwood Drive, Broyhill Road, Norwock Drive, and Brisbane Court) 2. Holiday Park Subdivision (Eldorado Road, Balboa Street, Catalina road, Poinciana Lane, and Coronada Parkway) 3. Rivercliff Road to include Crooked Creek, Stoneway Court and Water View Court. I. Set public hearing for August 21, 1995, to consider the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 413 Country Club Drive. Containing 0.36 acres more or less and being the property of Raymond Amador, Jr., and wife, Janah K. Amador as evidenced by deed recorded in Deed Book 3717, Page 373, Cumberland County Registry. (P95-67) J. Set public hearing for August 21, 1995, to consider an application by Jim Castillo on behalf of National Welders, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-35(2), to allow the storage of acetylene gas in an M2 Industrial District for an area located on the west side of US HWY 301 and the east side of McDuffie Street, south of Bell Street and being the property of Donald L. Hood, Jr., as evidenced by deed recorded in Deed Book 3694, Pages 571-572, Cumberland County Registry. (P95-70) K. (Pulled for discussion) L. Approve the rezoning from R10 Residential District to P1 Professional District or to a more restrictive zoning classification for an area located on the west and east sides of Roxie Avenue, north of Village Drive as evidenced by deeds recorded in Deed Book 3775, Pages 887 and 4107, Page 46, Cumberland County Registry. (P95-68) M. Authorize advertisement for upset bids for sale of 2.95 acre tract located south of Cliffdale Road between Buie Spring Branch and A&R Railroad. N. Adopt Special Revenue Fund Project Ordinance Amendment Number 96-1. (Controlled Substance Tax/Federal Forfeiture - Police) This amendment appropriates proceeds from the North Carolina Controlled Substance Tax in the amount of $3,739.00 and from the Federal Forfeiture funds in the amount of $16,976.00. O. (Pulled for discussion) P. Award of contract for construction of the Cedar Creek Road to Monsanto 16" and 24" Water Main to Frank Horne Construction (Fairbluff, NC), low bidder in the amount of $625,855.28. (PWC) Bids received were as follows: Frank Horne Construction (Fairbluff, NC) $625,855.28 State Utility Constructors (Monroe, NC) $648,562.00 T. A. Loving Company (Goldsboro, NC) $667,555.00 Dellinger (Monroe, NC) $669,646.20 Bryant Electric (High Point, NC) $673,873.60 Yates Construction (Stokesdale, NC) $676,206.00 R. H. Moore (Murrells Inlet, SC) $676,434.00 W. M. Paris (Charlotte, NC) $706,505.00 Q. Award of contract for construction of water and sanitary sewer utilities to serve Fayetteville Annexation 1994 Areas 201, 203, and 311 (Skibo Road, Yadkin Road and Swain Street area) to R.H. Moore Company (Murrells Inlet, SC), low bidder in the amount of $942,988.00. (PWC) Bids received were as follows: *R. H. Moore Co. (Murrells Inlet, SC) $942,988.00 Dellinger, Inc. (Monroe, NC) $1,212,164.00 Triangle Paving Co. (Burlington, NC) $1,286,220.50 State Utility Contractors (Monroe, NC) $1,291,550.20 R. Award of contract for construction of water and sanitary sewer utilities to serve Fayetteville Annexation 1994 Areas 205, 202 and 112 (Yadkin Acres, Bowden and Harbor, and Yadkin Road Area) to Autry Grading (Fayetteville, NC), low bidder in the amount of $1,982,180.45. (PWC) Bids received were as follows: Autry Grading (Fayetteville, NC) $1,982,180.45 State Utility Contractors (Monroe, NC) $2,178,865.40 R. H. Moore Co. (Murrells Inlet, SC) $2,387,816.00 Triangle Paving, Inc. (Burlington, NC) $3,091,160.00 S. Award of contract for POD #2 (Butler-Warner Generation Plant) 230 to 66kV Autotransformer No. 3 Addition Structures and Equipment to M.D. Henry Company (Pelham, AL) low bidder meeting specifications in the amount of $138,920.00. (PWC) Bids received were as follows: M. D. Henry Company (Pelham, AL) $138,920.00 Rumsey Electric (Conshohocken, PS) $139,460.00 Clark Corporation (Helena, AL) $139,595.00 Associated Substation (Breeman, GA) $142,875.00 HESCO (Smithfield, NC) $145,727.49 Dis-Tran (Pineville, LA) (Bid Did Not Meet Specifications) T. Award of contract for purchase of 2,750,000 lbs of Caustic Soda to Prillaman Chemical (Suffolk, VA), low bidder in the amount of $237,050.00. (PWC) Bids received were as follows: Prillaman (Suffolk, VA) $237,050.00 Jones Chemical (Charlotte, NC) $237,325.00 Southchem (Durham, NC) $255,750.00 Van Waters & Rogers (Greensboro, NC) $539,000.00 2-E. Approve lease agreement between City of Fayetteville and Carolina Telephone and Telegraph Company for space in the McGilvary Street Telephone Building. Mayor Pro Tem Blackwell asked if the expense of rental rate of $1568.00 per year for the backup of 9-1-1 would be worth it and what type of equipment would be purchased for the $9,300.00. Mr. Smith responded that the service would not be needed on a constant basis, but the cost would be very reasonable when we do need it, either for short term or in case of a break-down. He said the equipment would not be nearly comparable to what we have now. Mayor Pro Tem Blackwell moved to approve the lease agreement, seconded by Councilmember Robertson and carried unanimously. 2-K. Approve the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 105 Roxie Avenue as evidenced by deed recorded in Deed Book 512, Page 87, Cumberland County Registry. (P95-66) Councilmember Kendrick asked if that street is being used as a buffer because he does not want to go commercial all the way down Roxie Avenue. Mrs. Jackson, planning staff, answered that it would not be done. Councilmember Kendrick moved to approve the rezoning request, seconded by Councilmember Bolton and carried unanimously. 2-O. Award of construction contract to McDonald Grading Company in the amount of $313,683.25 for paving of the following streets: 1. Autry Street 2. Christian Street 3. Eunice Street 4. Joyce Street 5. Kornbow Street 6. Thad Street 7. Nicky Avenue 8. Sherrerd Avenue 9. Shadbush Lane Councilmember Kendrick asked what would happen if some of the residents did not qualify for the CDBG funding. Mr. Smith responded that they would have to pay the assessment and all residents were notified of the assessment before the public hearings. Councilmember Massey asked if Shadbush Lane is the only street that is covered by the CDBG funding. Mr. Smith said it was. Bids received were as follows: McDonald Grading Company $313,683.25 Barnhill Contracting Company $426,430.75 Triangle Paving Company $599,086.00 City Estimate $334,314.25 Councilmember Kendrick moved to award the contract as recommended, seconded by Councilmember Bolton and carried unanimously. Mayor Dawkins noted that the city has paved approximately 97 percent of the dirt streets. At this time City Attorney Cogswell referred to items 2-F. and G. He said that these assessments will qualify for the 30 percent discount for early payment, because they were begun before the new policy was adopted. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of Watershed Ordinance Revisions. (Fee schedule, bond requirements and notification) This item was presented by Assistant City Manager Teal. He said this item is connected with the Watershed Ordinance adopted a year ago and this ordinance basically deals with the fee schedule, release of bond, and a "boiler plate" add on by the state. This is the advertised public hearing and the recommendation is for the adoption of the ordinance. The public hearing was opened at 7:27 p.m. and there being none to be heard in favor or opposition the public hearing was closed. AN ORDINANCE AMENDING CHAPTER 31-A, WATER SUPPLY WATERSHED MANAGEMENT AND PROTECTION. ORDINANCE NO. S1995-13. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1995. B. Consideration of the rezoning from R5A residential district to C1 Local Business District or to a more restrictive zoning classification for an area located at the southeast corner of the intersection of Cliffdale Road (SR 1404) and the A&R Railroad, South of Waters Edge Drive and being a portion of the lands described in Deed Book 3829, Page 560, Cumberland County Registry, the property of Morgan Place Limited, and evidenced by a legal description on file with the Planning Department. (P95-29) This item was presented by Planning Board Staff Jackson with a recommendation from the Planning Board for denial of C1 and approval of C1P. This is the advertised public hearing. The public hearing was opened at 7:30 p.m. and speaking in favor was Mr. W. G. Hayes, Fayetteville Building Supply, 1135 Robeson Street. He said the proposed business use would not be encroaching on the character of a residential neighborhood as much as high density rental houses and requested favorable consideration. Speaking in opposition was Mr. Gordon Allen Mitchell, 5713 Waters Edge Drive. He said he feels it is strip commercial development along Cliffdale Road and is illegal spot zoning for individual use over the needs of the community and there is a dangerous intersection at Waters Edge Drive and Cliffdale Road because of a hill and a railroad track. Mr. Mitchell said he feels it is adequately zoned R5A. Mr. Hayes spoke in rebuttal saying that the petitioning family would be using this as a business by the son and feels that the 4 or 5 employees would create a lot less traffic than 38 to 40 rental units that could go there. He said the area is already business and commercial uses with very little residences. There being none further to be heard on this matter the public hearing was closed at 7:40 p.m. City Attorney Cogswell responded to the spot zoning. He agreed that it is illegal spot zoning based on what was presented in the packet. Councilmember Cheek moved to deny the request for rezoning in light of the Planning Board's recommendation and the City Attorney's opinion. The motion was seconded by Councilmember Ross. Councilmember Bolton disagreed with the illegal spot zoning because of the existing C1P across the street. Mayor Dawkins called for a vote on the motion to deny the rezoning request and it carried 8 to 1 with Councilmember Bolton opposed. C. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at the southeast corner of East Loch Haven Drive and Morganton Road. Containing 4.28 acres more or less and being the property of Harold and Lillian Stutts as evidenced by deeds recorded in Deed Books 459, Page 337 and 744, Pages 30-31, Cumberland County Registry. (P95-34). This item was presented by Planning Board staff Jackson with a recommendation by the Planning Board for denial of P2 and approval of R5A. This is the advertised public hearing. The public hearing was opened at 7:50 p.m. with Ranny Nimocks, 3512 Edgeside Court, representing the petitioner. He said this is a rapidly growing area with professional and commercially zoned property in the immediate area with no residences in sight of this property. Mr. Harold Stutts, 5883 Morganton Road, petitioner, said that this property has been in the family since 1902 and was not recently purchased for gains. He said that a petition with 71 names will be submitted in opposition but that 42 of the names are at least 1 mile away from the property. Speaking in opposition was Andrew Howard, 509 Old Farm Road, representing the citizens in the area. He said they feel this rezoning would lead to lowering of property values, increased traffic flow and possible increase in crime because of the growth of additional businesses. He said they also disagree with the R5A recommendation by the Planning Board. They request that it remains as zoned. He added that all the people that signed the petition live within a 1 mile radius. There being none further to be heard on this matter the public hearing was closed at 8:00 p.m. Mayor Pro Tem Blackwell established through Mr. Stutts that this is a vacant house because it is unsuitable for a residence in that area. City Attorney Cogswell said the P2 zoning would be inconsistent with the proposed 2010 Plan. Following some further discussion, Councilmember Kendrick moved to rezone to R6 from R10, seconded by Councilmember Cheek. The vote was called following further discussion and it carried 8 to 1 with Councilmember Bolton in opposition. D. Consideration of an application by the Ambassadors for Jesus Christ Church for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24 (5), to operate a charitable institution in an R6 Residential District for an area located at 1924 Gillespie Street and being the property of the Ambassadors for Jesus Christ Church, Leonard Williams, Melvin Montgomery and Sam Shelton, Trustees, as evidenced by deed recorded in Deed Book 2803, Page 305, Cumberland County Registry. (P95-53). This item was presented by Planning Board Staff Jackson with a recommendation by the Planning Board for approval with the findings and conditions that the Special Use fits in with the character of the area; that it is not detrimental to the surrounding neighborhood; the site be developed in accordance with all state and local regulations regarding this use; and all drainage plans be approved by the city engineer. This is the advertised public hearing. The public hearing was opened at 8:18 p.m. with Michael Heron, 6708 Byford Court, being sworn in by the clerk. Mr. Heron said he is affiliated with several groups that work with homeless people and this church has been working with the homeless for many years. The members of the church wish to expand their operation and there is no known opposition to this proposal. There being none further to be heard on this matter the public hearing was closed at 8:20 p.m. Councilmember Bolton moved to approve the Special Use Permit with the findings and conditions listed, seconded by Councilmember Ross and carried unanimously. E. Consideration of adoption of final resolution closing the westernmost 30.62 feet of Dartmouth Drive. This item was presented by Assistant City Manager Teal with a recommendation for adoption of the resolution. This is the advertised public hearing. The public hearing was opened at 8:23 p.m. and Buzz Loyd, L&B Investments, 4542-A Raeford Road, appeared in favor. He said this short street has only been used as a cut-through from Boone Trail extension and could become a hazard. They want to close it and landscape it. There being none further to be heard on this matter the public hearing was closed at 8:25 p.m. City Attorney Cogswell stated that a letter from Leon A. Goldstein had been received requesting that it be read to Council and entered into the record of deliberation. Mr. Cogswell recommended that only the fourth paragraph be read, which expresses Mr. Goldstein's main concern. He said the other matters referred to in the letter do not pertain to this matter, but can be addressed by staff after the meeting. Mayor Dawkins read the paragraph as follows: "I favor closing the west end of Dartmouth Drive to access from Briarcreek Place, a development by Loyd and Bradford on the west side edge of Briarwood Hills. This is in the interest of preserving safety and environmental quality of Briarwood Hills and a more sensible solution to connect the Briarcreek Place development to Boone Trail. The developers can acquire the property (lot 7911) between the west end of Dartmouth Drive and Boone Trail." RESOLUTION AND ORDER CLOSING A PORTION OF DARTMOUTH DRIVE. RESOLUTION NO. R1995-62. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. Councilmember Kendrick requested that Mr. Teal look into the other requests in the letter and to contact the Cumberland County Health Department concerning the mosquito control. Councilmember Robertson expressed a concern that reading letters from people instead of them attending the meeting would get out of hand. 4. Consideration the rezoning from R5A Residential District or C1P Shopping Center District or to a more restrictive zoning classification for an area located south of Castle Hayne Road, east of Sevilla Circle and north of Yadkin Road as evidenced by deed recorded in Deed Book 3408, Page 51, Cumberland County Registry, and by a map and legal description on file with the Planning Department. (P95-56) Planning Board staff Jackson presented this item with a recommendation from the Planning Board for approval. Councilmember Cheek asked Mr. William Clark, representing the petitioner, to clarify where the 75 foot, 25 foot, and 15 foot buffers would be located. Mr. Clark responded to her request. City Attorney Cogswell clarified at the Mayor's request that if Council does not follow the recommendation of the Planning Board, a public hearing must be set. Councilmember Massey moved to set a public hearing for August 21, 1995, and notify all interested parties, seconded by Councilmember Bolton and carried unanimously. 5. Consideration of request to address City Council from the following regarding the D.A.R.E. program: Ben Watson Thelma Blue Denita Coles Sherry Gamble Ben Watson, 1916 Swann Street; Thelma Blue, 1708 Nutley Drive; Denita Coles, 7658 Beverly Drive; and Sherry Gamble, 1001 Ellis Street, all spoke of their concerns for the children in the schools being affected by the deletion of the D.A.R.E program and felt that the cost was not too much when it comes to the children. Councilmember Torrey moved that it shall be the policy of the City of Fayetteville City Council to participate in the D.A.R.E. program within the corporate limits of the City of Fayetteville, the City Manager, from his position, shall see that the D.A.R.E. program is properly administered in conjunction with the superintendent of Cumberland county schools. The motion was seconded by Councilmember Massey. Mayor Dawkins delayed acceptance of the motion until after Mr. Smith and members of the police department had a chance to speak as requested. Police Lieutenant Hallock, youth services department, explained how the new program will work and be more beneficial; Major Moyd said most of the success stories from the D.A.R.E. program were because of home support. He said that following his evaluation he feels it is time to change focal points with the youth in order to have a more positive impact. Captain Chandler spoke as a police officer and a parent. He asked that they be given a chance with the new program and if it does not work they will try something else. Chief Hansen said that he must address the needs of the community toward juvenile crime and the Family Intervention Team will meet those needs. Mayor Dawkins then recognized Councilmember Torrey's restated motion that it shall be the policy of the City of Fayetteville City Council to participate in the D.A.R.E. program within the corporate limits of the City of Fayetteville and the City Manager, from his position, shall see that the D.A.R.E. program is properly administered in conjunction with the superintendent of Cumberland county schools. The motion was seconded by Councilmember Massey. Mayor Dawkins asked where the funding would come from and Councilmember Torrey said that the D.A.R.E. program should be administered throughout the county by a cooperative effort between the superintendent of the schools and the Cumberland county sheriff's department. He said funding should come from the county. Councilmember Ross said she has always been concerned with what happens in the home with the children and has always worked with special programs involving children. Councilmember Cheek asked if the D.A.R.E. program were not offered by the police department would the officers be available to come if a teacher asked for them to come and talk to the students. Chief Hansen said they intend to be as visible in the schools as they were before. Councilmember Massey said that if Mr. Torrey's motion specifies county funding, he must withdraw his second to the motion because he wants to locate any funding possible. Councilmember McBryde seconded Councilmember Torrey's motion which includes county funding. Councilmember Massey said that if we need additional police officers to address the increase in violence then we should address the issue, but if there is local evidence that documents that D.A.R.E. is not the cause of a reduction of drug use in our community then he wants it on the table. He said his concern relating to the motion is that we give the City Manager whatever he needs to keep the D.A.R.E. program alive for at least one year while we maintain local statistical data and/or allow the school system to help with an alternate plan and to look for a way to help fund this. Mayor Pro Tem Blackwell commented on several different sources of information and comments concerning the D.A.R.E. program. Councilmember Kendrick referred to the funding. He said that city residents pay twice for the D.A.R.E. program because they pay city taxes and county taxes and he feels the police will still be working with the youth with the same respect. Councilmember Bolton said he feels no one is criticizing the D.A.R.E. program but that we want our sheriff's department and school board to pick up on the program just as they are doing in other towns in the county. Councilmember McBryde agreed with the comments made by Councilmembers Kendrick and Bolton. Councilmember Cheek called for the question and the vote was 6 to 3 to cease debate. Mayor Dawkins called for a vote on Councilmember Torrey's motion to ask the City Manager to negotiate with the school superintendent and the county in conjunction with the sheriff's department to provide D.A.R.E. throughout Cumberland county with county funding and it carried 5 to 4 with Councilmembers Ross, Blackwell, Robertson and Massey in opposition. 6. Consideration of acceptance of Stonebridge streets for maintenance. This item was presented by the City Attorney with a recommendation for Council to authorize acceptance and recording of the home owner documents, but no final acceptance of the street until all mortgage companies have executed and recorded their releases. Councilmember Kendrick moved to approve with the conditions as recommended, seconded by Councilmember Bolton and carried unanimously. 7. Consideration of adoption of resolution authorizing payment of legal expenses for law enforcement officers. The City Attorney recommended adoption of the resolution which allows payment of the fee subject to the approval by the City Manager. RESOLUTION AUTHORIZING THE PAYMENT OF CERTAIN LEGAL EXPENSES. RESOLUTION NO. R1995-53. Councilmember Cheek introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. 8. (Removed from Agenda) 9. Consideration of revision of ordinance for long-term lease rental fees in City owned parking lots. This item was presented by the City Manager with a recommendation to adopt the revised fee schedule with a monthly rate at the Franklin Common Lot to be set at $25 and the rate for our remaining leased parking spaces to be increased to $15 per month, effective September 1, 1995. Councilmember Bolton moved to approve the fee schedule as recommended, seconded by Councilmember Torrey and carried unanimously. 10. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. There were no nominations to fill the architect category on this commission. B. Nominations to fill two vacancies on Board of Adjustment. Nominations are still open to fill the two vacancies. Mr. George Turner was nominated by Councilmember Bolton to fill the unexpired term of Roy Massengill to July 1996. C. Nominations to fill one vacancy on Parks and Recreation Commission. Mr. Bobby Davis was elected to fill the unexpired term of Rev. Sandy Saunders to October 1996. D. Nominations to fill three vacancies on Taxicab Review Board. Councilmember McBryde moved to elect Mrs. Linda Stewart for a second term; Mr. Donald Diamond for a second term as a regular member; and Mrs. Louise Warren as an alternate member. At this time City Manager Smith reminded Council of his upcoming annual leave. Councilmember Ross spoke of her concern for the children checking out porno movies, not returning them and then being charged large fines in court. She feels they should not be allowed to check out porno movies to begin with. Councilmember Cheek announced that the City/County Liaison meeting has been rescheduled for this Thursday, July 20, 1995, noon, Radisson/Prince Charles Hotel, because of vacations. Mayor Pro Tem Blackwell was concerned with the Russell Street railroad crossing material being used for the repair of the street. Mr. Smith said that the city has no control over this - that it is governed by the state. INFORMATION ITEMS: 1. Report on taxes collected for the month of June, 1995, from the Cumberland County Tax Collector. 2. Report on HUD approval, Consolidated Plan and FY 96 Budget Allocation. 3. Response to Council inquiry regarding taxicab permits. 4. Report on Inspection Department activity. 5. Copy of letter to citizen from Jimmy Teal. 6. Update on railroad crossing improvements. 7. Police Department - monthly report from Office of Professional Standards for the month of June, 1995. 8. Report on Greenwood Homes Neighborhood Community meeting. 9. Report on Village Drive Baptist Church site distance problem. 10. Airport Commission - minutes of May 30, 1995. 11. FACVB - minutes of June 8, 1995. There being no further business the meeting was adjourned at 10:10 p.m. upon motion and second. INFORMATION MEETING JULY 24, 1995 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER JULY 24, 1995 7:00 p.m. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); and Suzan Cheek (District 5) Absent: Milo McBryde (at-large) and Mark Kendrick (District 6) Others Present: Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Janet Jones, Deputy City Clerk Jason Brady, Public Information Officer George Vaughan, Planning Department Frank Simpson, Inspections Director Will Denning, Planning Department Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Assistant City Manager Ben Brown, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced that Councilmember Kendrick's uncle had been fatally hurt in a boating accident and he had asked to be excused from the meeting. Councilmember Massey moved to excuse Councilmembers Kendrick and McBryde. The motion was seconded by Mayor Pro Tem Blackwell and carried unanimously 7 to 0. 1. APPROVAL OF AGENDA Councilmember Torrey moved to approve the agenda as submitted, seconded by Councilmember Bolton and carried unanimously 7 to 0 with Councilmembers Kendrick and McBryde absent. 2. PUBLIC FORUM - 30 MINUTES ONLY Mayor Dawkins opened the public forum at 7:05 p.m. Mrs. Howard Godfrey, 516 Valley Road, addressed the Council regarding the paving of Valley Road/Vista Drive and the problem of trash being left on the street for several days prior to pick up by the sanitation department. There being no one else present to be heard, Mayor Dawkins closed the public forum at 7:09 p.m. Mr. Jimmy Teal, assistant city manager, addressed the Council and informed them that the portion of the road that Mrs. Godfrey referred to was not on last year's paving project list, but was on the current resurfacing list for the fiscal year of 1995-96. Mr. Teal told Mrs. Godfrey he would be in touch with her regarding the list. Deputy City Manager Roger Stancil addressed the trash issue. He stated the city picks up trash one time a week and there is no requirement for containerization at this time. Mr. Stancil informed the Council that the current sanitation ordinances are being reviewed and that the issues of containerization and the ordinances will be brought back to them prior to the beginning of the leaf season. Councilmember Cheek explained to Mrs. Godfrey that sometimes streets were paved in segments in an effort to stretch the city dollars into as many areas as possible. She requested that the Council be given a report regarding the paving and trash situation. Councilmember Ross inquired about a complaint she had received from a resident of McIver Street regarding trash in the yard of an owner. Frank Simpson, inspections director, informed Council that the property in question had been zoned C3 since 1963 and they have until December 1996 to comply with the ordinance. 3. CONSENT: Councilmember Bolton moved to approve the consent agenda, seconded by Councilmember Robertson and carried unanimously by a vote of 7 to 0 with Councilmembers Kendrick and McBryde absent. A. Adopt Special Revenue Project Ordinance Number 96-1. (Police - Gang Intervention Grant) This ordinance appropriates proceeds awarded to the Police Department in the amount of $104,643 by the Governor's Crime Commission. A local match of $34,881 is required, bringing the total project cost to $139,524. These funds will be used to fund two investigators, one administrative clerk, operating expenditures, and equipment for the Gang Intervention Grant. B. Adopt Special Revenue Project Ordinance Amendment Number 96-2 (Police - Watch Out Grant - Year 2) The state has awarded the city a second year grant from the Crime Commission in the amount of $52,252 for the Fayetteville Police Department's Watch Out Program. The state grant will be used to continue the funding of a Community Watch Coordinator, a clerk typist, and operating costs during fiscal year 1996. The local match for the program is $17,417. This is budgeted in the fiscal year 1995-96 General fund - police department budget. 4. Presentation of 2010 Land Use Plan. Mr. Will Denning, of the Joint Planning Board, summarized the 2010 Land Use Plan and the new development standards to be enforced within the urban service area boundary, which had been adopted by the Board of County Commissioners. Councilmember Cheek stated that she felt there should be a uniform set of standards for urban areas adopted by both the city and the county. Mayor Pro Tem Blackwell stated his concurrence with Dr. Cheek's stand. He expressed disappointment that the city's appointees to the Joint Planning Board had not met with Council to discuss the plan. Councilmember Torrey stated that he felt PWC could be the catalyst for setting the uniform standards. Councilmember Cheek stated she was not comfortable with having the city staff draft new ordinances when the proposed standards had not been determined. Mr. George Vaughan recommended that the 2010 Plan be adopted and all previous plans be rescinded. He informed Council that the zoning maps are used for making zoning recommendations and the text presented to them tonight was the basis for implementation and modification of the ordinances. He further stated a map is being computerized/digitized and will be ready in approximately two months. Mr. William Denning presented an overview of the Planning Board's recommendations on sidewalks, open spaces, landscaping, buffer requirements, perimeter landscaping, and landscaping requirements for entrances into municipalities. A discussion ensued regarding a joint meeting of the elected bodies who will be implementing the plans and adopting the ordinances which will set uniform standards. Deputy City Manager Roger Stancil stated the city staff is working on the issues concerning the municipal influence areas and that they would be coming back to Council with recommendations. Councilmember Robertson moved to have the staff set a meeting with the County Commissioners in August (preferably the 28th of August) to discuss the 2010 Plan and the follow-up of the downtown issues discussed at the last joint meeting, seconded by Councilmember Cheek and carried unanimously 7 to 0 with Councilmembers Kendrick and McBryde absent. Councilmember Cheek asked that a meeting be set with the city representatives on the Planning Board prior to the joint meeting with the County Commissioners. Councilmember Cheek also requested a description of the joint C & D which explains the concept adopted by the County Commissioners. 5. Consideration of the following traffic matters: A. Installation of a traffic signal at the intersection of Village Drive and Metro Medical Drive. B. Pedestrian crossing at the corner of Ray Avenue and Maiden Lane for use by patrons of the Headquarters Library. C. Review of pedestrian crossing signals, crosswalks and ADA sidewalk requirements. Councilmember Bolton moved to refer items A., B. and C. above to the Streets and Roads Committee, seconded by Councilmember Robertson and carried unanimously 7 to 0 with Councilmembers Kendrick and McBryde absent. Councilmember Cheek requested that an update be made to Council at the next information meeting on the traffic signals at Lochhaven and Morganton Road to include any other areas that are pressing. Mayor Pro Tem Blackwell inquired about the status of the D.A.R.E. program. Mr. Stancil stated that Mr. Smith is handling this matter and will not be back from vacation until Tuesday. Councilmember Bolton moved to adjourn the meeting, seconded by Mayor Pro Tem Blackwell and carried unanimously 7 to 0 with Councilmembers Kendrick and McBryde absent. The meeting was adjourned at 8:45 p.m. REGULAR MEETING AUGUST 7, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER AUGUST 7, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3)- (arrived 7:17 p.m.); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer Lois Chalmers, Traffic Engineer Frank Simpson, Inspections Superintendent George Vaughan, Planning Director Tom McNeill, PWC Staff Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Rev. William Beasley, Executive Director - Fayetteville Urban Ministry, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced that he and Councilmembers are thankful that City Clerk Joyner's husband Bill is home from the hospital. 1. APPROVAL OF AGENDA Mayor Dawkins read a letter from the County Commissioners stating that sheriff's deputies will be placed in all of the schools for the D.A.R.E. program, therefore item 9. can be removed from the agenda. Councilmember Bolton moved to approve the agenda deleting item 9., seconded by Councilmember Torrey. City Attorney Cogswell added that item 8-A. was for Derrick Boyd and item 8-B. was for Charles Moss. Councilmember Cheek asked to amend the motion to move item 12-A. to item 9. for discussion. The amendment was accepted by Councilmembers Bolton and Torrey and the vote was unanimous to approve the agenda as amended. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. There being none, Councilmember McBryde moved to approve the consent agenda. After a second from Councilmember Cheek, the consent agenda and following items were unanimously approved. A. Approve minutes of information meeting of July 24, 1995. B. Adopt resolution fixing a date for a public hearing for a petition-initiated contiguous annexation area. (Property of John Campbell Builders, Inc., located on southern side of Oates Drive - to be developed as "Sugarloaf")(Suggested public hearing date: August 21, 1995) RESOLUTION FIXING DATE FOR PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA (PROPERTY OF JOHN CAMPBELL BUILDERS, INC.-SOUTHERN SIDE OF OATES DRIVE TO BE DEVELOPED AS "SUGARLOAF" SUBDIVISION). RESOLUTION NO. R1995-54. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. C. Adopt resolution authorizing the sale of a City/PWC 2.95 Acre Tract of land located south of Cliffdale Road between Buie Spring Branch and the A&R Railroad. RESOLUTION AUTHORIZING SALE OF CITY PROPERTY (SOUTH OF CLIFFDALE ROAD BETWEEN BUIE SPRING BRANCH AND A&R RAILROAD). RESOLUTION NO. R1995-55. The sale was to Cason Ridge Partners Limited Partnership in the amount of $3,500. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. D. Approve amendment to lease with Cumberland County for Space in the former City Hall Building (Lease Space One) E. Set public hearing for September 5, 1995, to consider the rezoning from R15 and R10 Residential Districts to C1P Shopping Center District or to a more restrictive zoning classification for an area located at 3709 Morganton Road and being the property of Troy and Ruth Hooker as evidenced by deeds recorded in Deed Books 768, Page 218 and 2237, Page 277, Cumberland County Registry. (95-64) F. Set public hearing for September 5, 1995, to consider an application by Elva Colvin for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(5) to operate a group home in an R6 Residential District for an area located at 600 Dowfield Drive and being the property of Colvin Funeral Home as evidenced by deed recorded in Deed Book 3036, Page 257, Cumberland County Registry. (P95-73) G. Set public hearing for September 5, 1995, to consider the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 128 Lock Trail and being the property of Owens Temple Christian Center, Inc., as evidenced by deed recorded in Deed Book 3896, Pages 860-862, Cumberland County Registry. (P95-76) H. Set public hearing for August 21, 1995, to consider speed limit reduction on the following: 1. East and West Orange Street 2. Roxie Avenue 3. Madison Avenue I. Approve municipal agreement between City of Fayetteville and N.C. DOT for Owen Drive/Boone Trail intersection improvement project. WHEREAS, the North Carolina Department of Transportation has prepared and adopted plans to make certain street and highway improvements within this Municipality under Project U-2812, Cumberland County, said plans consisting of the widening of SR 1007 (Owen Drive) from Village Drive to CSX Transportation System; and, WHEREAS, the Municipality has requested the Department to include certain improvements to Boone Trail and Boone Trail Extension subject to reimbursement by the Municipality; the Municipality agrees to effect the necessary adjustments of utilities and provide the right of way for the improvements to Boone Trail Extension and the west side of Boone Trail, all without cost to the Department of Transportation; and, WHEREAS, said Department of Transportation agrees to effect the necessary adjustments of utilities and to provide the right of way for the improvements to Owen Drive and the east side of Boone Trail; and, WHEREAS, said Department of Transportation agrees to construct the project in accordance with the approved project plans; and, WHEREAS, this Municipality agrees to reimburse the Department of Transportation to the extent of 100% of the actual construction costs for the improvement of Boone Trail Extension and the west side of Boone Trail, with reimbursement to be made in one lump-sum payment within sixty (60) days after billing by the Department. WHEREAS, the Agreement will further provide for the establishment, maintenance, and enforcement of traffic operating controls for the regulation and movement of traffic on the project upon its completion. NOW, THEREFORE, BE IT RESOLVED that Project U-2812, Cumberland County, is hereby formally approved by the City Council of the City of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. J. Approve award of construction contract for resurfacing various streets to McDiarmid Paving Company of Fayetteville, Inc., lowest responsible bidder in the amount of $1,200.000. Bids received were as follows: McDiarmid Paving $1,463,248.10 Barnhill Contracting $1,500,699.00 Crowell Construction $1,561,847.00 City Estimate $1,387,041.10 This is a Powell Bill project and the street listing will be reduced to bring contract in line with available funds. K. Adopt resolution declaring motorcycles surplus property and authorize sale of said motorcycles by sealed bid process. RESOLUTION AUTHORIZING SALE OF CITY OWNED SURPLUS PERSONAL PROPERTY BY THE SEALED PROCESS (POLICE MOTORCYCLES). RESOLUTION NO. R1995-56. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. L. Approve award of contract for construction of 16" and 24" water main from Rockhill Road to Cape Fear School (joint project with Board of Education and Cumberland County) to Bryant Electric (High Point, NC), low bidder in the amount of $680,166.90. (PWC) Bids received were as follows: Bryant Electric (High Point, NC) $680,166.90 State Utility Constructors (Monroe, NC) $681,472.60 Dellinger (Monroe, NC) $706,613.00 W. M. Paris (Charlotte, NC) $715,961.00 R. H. Moore (Murrells Inlet, SC) $773,356.00 T. A. Loving Company (Goldsboro, NC) $798,445.00 Billy Bill Grading Co., Inc. (Fayetteville, NC) $803,680.00 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of adoption of resolution confirming assessment roll and levying assessments for the improvement of Englewood Drive from Cedar Creek to Dead End. This item was presented by City Attorney Cogswell stating that there is a 30 percent discount available if paid in full within approximately 60 days of today. He quoted the terms of payment and recommended adoption of the resolution. This is the advertised public hearing. The public hearing was opened at 7:11 p.m. and there were none to speak in favor. Mrs. Lula Jackson, 1701 Englewood Drive, had a complaint that she was paid unfairly for her property because a neighbor, Mr. Bass, had received a lot more money for his property than she did. Mayor Dawkins explained to her this public hearing was for the paving assessment and her complaint would be considered separately. Mrs. Lisa Wynne, 1708 Englewood Drive, complained about the $10 per front foot charge because the yard has been flooded since the road has been paved. She distributed pictures of her flooded yard a few days after the paving was finished. She said it will cost $1,750.00 to have a pipe put in to get rid of the water. She said that before the road was paved, the water ran into the street. There being none further to be heard the public hearing was closed at 7:16 p.m. Mr. Cogswell addressed Mrs. Jackson's complaint. He said that Mrs. Jackson, her son and Mr. Bass all received the appraised value for their land, but Mr. Bass had a small building on the property that had to be moved off and the City had to pay for the shed. City Engineer Walker addressed Mrs. Wynne's situation. He said they have not received any complaints in the engineering department from her, but he, or someone from his staff, would be glad to meet with her at the location to see what can be done. Mayor Pro Tem Blackwell asked Mrs. Wynne what else she had to add and she said that her husband had talked to PWC several times, but she did not know if he had contacted anyone else. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENT ON ENGLEWOOD DRIVE (FROM CEDAR CREEK ROAD TO DEAD END). RESOLUTION NO. R1995-57. A copy of the foregoing resolution is on file in the clerk's office in Resolutions Book R1995. B. Consideration of adoption of resolution confirming assessment roll and levying assessments for the improvement of Dallas Street from Southern Avenue to Owen Drive. This item was presented by City Attorney Cogswell stating that there is a 30 percent discount available if paid in full within approximately 60 days of today. He quoted the terms of payment and recommended adoption of the resolution. This is the advertised public hearing. The public hearing was opened at 7:22 p.m. and there were none to speak in favor. Opposed was Mr. Tom Price, 513 Oakridge Avenue, owner of lots 211, 213 and 215 Dallas Street. He said his property did not have drainage problems until after the paving and now the water runs off other property onto his and he would like the engineer to contact him also. Mr. Price asked what he could do to keep from paying this assessment. Mr. Cogswell explained that if the property owner could show, by an appraiser's opinion, that there is no benefit to their property, then Council can overlook the assessment. He said that Council could adopt all but Mr. Price's property and give him a period of time to get the appraisal. There being none further to be heard on this matter the public hearing was closed at 7:28 p.m. Councilmember McBryde asked Mr. Price if he wanted time to get an appraisal and Mr. Price responded he would like to contact his appraiser especially since it was already a paved street. Councilmember McBryde moved to adopt the resolution omitting lots 211, 213 and 215 Dallas Street and give Mr. Price 90 days to get his appraisal. The motion was seconded by Councilmember Cheek and carried unanimously at 7:30 p.m. The resolution title is as follows: RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENT FOR DALLAS STREET (FROM SOUTHERN AVENUE TO OWEN DRIVE). RESOLUTION NO. R1995-58. A copy of the foregoing resolution is on file in the clerk's office in Resolutions Book R1995. C. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limited to 25 Miles Per Hour on the following: This item was presented in the packet by Traffic Engineer Chalmers with the recommendation for adoption. This is the advertised public hearing. 1. Buckhead Subdivision (Ferncreek Drive, Ambrose Court, Longwood Place, Larkfield Court, Brae Mar Place, Huntsfield Road, Ravencroft Drive, Longwood Drive, Broyhill Road, Norwock Drive, and Brisbane Court) The public hearing was opened at 7:32 p.m. and speaking in favor was Mr. Kerry Pierce, 4180 Ferncreek Drive. He said they have had the police department with radar in the area several times and it is dangerous for children playing and people walking and jogging. ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLE AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL, BUCKHEAD SUBDIVISION). ORDINANCE NO. NS1995-19. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. 2. Holiday Park Subdivision (Eldorado Road, Balboa Street, Catalina road, Poinciana Lane, and Coronada Parkway) The public hearing was opened at 7:35 p.m. with Mr. Fred Stanley, Jr., 2846 Coronada Parkway, speaking in favor. He said that it is dangerous for the elderly and children in the area and they have dangerous curves there, making it hard to get out of drive ways. Mr. Stanley said that school buses also speed through the area. Mayor Pro Tem Blackwell gave Mr. Stanley the contact person at the school board office to report the speeding school buses. There was none to speak in opposition. The public hearing was closed at 7:39 p.m. ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLE AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL, HOLIDAY SUBDIVISION). ORDINANCE NO. NS1995-20. Mayor Pro Tem Blackwell introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. 3. Rivercliff Road to include Crooked Creek, Stoneway Court and Water View Court. The public hearing was opened at 7:40 p.m. with Mr. J. T. Chase, 2682 Rivercliff Road. He said this amounts to less than one and one half miles and consists of all cul-de-sacs. He said there are 53 children playing in the area with supervision from ages 12 and under. There was none to speak in opposition. ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLE AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL, RIVERCLIFF ROAD). ORDINANCE NO. NS1995-21. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Massey and carried unanimously. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. All of the foregoing areas will be posted with signs on August 18, 1995. 4. Consideration of the addition of MH(O) Manufactured Home Overlay District in an R6 Residential District for an area located at 2017, 2019, 2021 and 2023 Progress Street and being the property of Lula Mae Wright; Earlise and Ellen Jones; Deborah Dewitt and Stephen V. and Lillie Mae Graham as evidenced by deeds recorded in Deed Books 1095, Page 004; 3863, Page 044; 4015, Page 002 and 2491, Page 646, respectively, Cumberland County Registry. (P95-87) This item was presented by Planning Director Vaughan. He said the Planning Board recommends approval with the finding that what the MH(O) allows must fit in with the character of the area and that it would be a permitted use as an overlay to the R6 Residential District. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Ross. Councilmember Kendrick offered a substitute motion to set a public hearing for September 5, 1995, seconded by Councilmember McBryde and following discussion, the vote was unanimous. At this time Mayor Dawkins recognized Councilmember McBryde's sister, Winnie Grannis, with sons Whitaker and McBryde. He also recognized the Boy Scouts in the audience. 5. Consideration of adjustment to multi-family residential roll-out contract fees to be consistent with Cumberland County disposal fee. This item was presented by Deputy City Manager Stancil with a recommendation for approval since the county increased their annual rates to residential from $43 to $48, (in excess of seven units). This would make our fees parallel to those in the county. He said the city pays the disposal fee. Councilmember Bolton moved to approve as recommended, seconded by Councilmember McBryde and carried unanimously. Mr. Stancil said the commercial roll-out cart rate of $50 would remain in effect for the fiscal year of 95-96. 6. Consideration of adoption of resolution assigning annexations to voting districts. This item was presented by City Attorney Cogswell. He said these areas consisted of the two at I-95 interchanges, Cape Fear Valley Hospital parking lot and the apartment complex on Morganton Road to be developed. He recommended adoption of the resolution. RESOLUTION ADOPTING FOUR REVISIONS TO THE ELECTORAL DISTRICT BOUNDARIES FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION NO. R1995-59. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing resolution is on file in the clerk's office in Resolutions Book R1995. 7. Consideration of adoption of ordinance amending Chapter 5 of the Fayetteville City Code prohibiting consumption and possession of alcoholic beverages on City property. This item was presented in the packet by City Attorney Cogswell with a recommendation for adoption. ORDINANCE AMENDING SECTION 5-17, CONSUMPTION OF MALT BEVERAGES/UNFORTIFIED WINE ON CITY PROPERTY. ORDINANCE NO. S1995-14. Councilmember Robertson introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1995. 8. Consideration of request for legal representation. This item was presented by City Attorney Cogswell. A. Billy Jackson and Lillie Jackson vs Officer Derrick Boyd, Fayetteville City Police Department and City of Fayetteville 95 CVS 4048 Mr. Cogswell said that in a law suit initiated by Billy Jackson and his mother, Lillie Jackson, against Officer Derrick Boyd, City of Fayetteville, and the Police Department, he finds Officer Boyd was acting in the course and scope of his employment at the time and is entitled to representation under statute. He recommends Council authorizes the City Attorney's Office to represent him on case 95 CVS 4048. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Robertson and carried unanimously. B. Celestine Freeman vs Charles R. Moss and City of Fayetteville 95 CVS 4444 Mr. Cogswell said that item B. involves former city employee Charles Moss, who was acting in the course and scope of this employment at the time and he is being suit by Mrs. Celestine Freeman. He recommends authorization for his representation of Mr. Moss on case 95 CVS 3333. Councilmember Robertson moved to follow the recommendations for A. and B., seconded by Councilmember Cheek and carried unanimously. 9. Report on Hester properties. City Attorney Cogswell presented the construction schedule on 225/227 Hay Street. He summarized the issue briefly by saying that the Hesters have not complied with their agreed-upon schedule and the contract says that if they don't comply within the schedule they agreed to statutory terms of condemnation. They have made some repairs but still have to comply with the contract with the city. He said that Council's possible options are to extend the Hesters more time after hearing them out, or authorize the City Attorney to pursue whatever legal action necessary to get the property back into city's hands, or force the issue on getting the work done quicker. The Hester's Attorney, Mark Sternlicht, named a few of the repairs that have been done that are not on the list submitted by Frank Simpson, Inspection Department, for the 225/227 Hay Street. He said the work on 701 Hay Street has taken much of the Hester's time and money from the other projects. Mr. Sternlicht said that if Council approves, then their plan is to work on 107 Hay Street by putting condominiums on the second floor because it is easier to get bank financing for that. He said there will be an antique mall on the first floor. These two will allow for cash flow so they will be able to work on 225/227 commercial renovation. Discussion ensued. Mr. Sternlicht and Mr. Simpson disagreed on the amount of repairs done to 223 and 225 Hay Street. Mayor Pro Tem Blackwell asked that the Hester's engineer submit something in writing concerning the repairs. Mr. Hester requested they be able to continue trying to make something happen downtown. He said he feels they have put more into their projects than has been done on other buildings in the area. Councilmember Ross moved to extend the time limit (with no specific time). There was no second. Councilmember Cheek moved to have a closed session at the August 21, 1995, meeting to clarify legal issues concerning these properties, seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Kendrick and Robertson in opposition. 10. Consideration of setting joint meeting between Fayetteville City Council, Cumberland County Board of Commissioners for discussion of 2010 Plan. (Suggested meeting date: August 28, 1995, 7:00 p.m., room 119, Cumberland County Courthouse. This item was presented in the packet by Deputy City Manager Stancil. Councilmember Bolton moved to set the joint meeting for August 28, 1995, at 7:00 p.m., room 119, Cumberland County Courthouse, as suggested, seconded by Councilmember Robertson and carried unanimously. 11. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. There were no nominations to fill the architect category on this commission. B. Nominations to fill three vacancies on Board of Adjustment. George Turner was unanimously elected to fill the unexpired term of Roy Massengill to July 1996. Councilmember Robertson nominated Mr. Doug English for one of the vacancies. A nomination is still needed for a second vacancy. C. Nominations to fill three vacancies on Storm Water Advisory Board. Councilmember Cheek nominated Stephen Williams and Councilmember Massey nominated Wilson Lacy. Nominations are still open for a third vacancy. At this time Mayor Pro Tem Blackwell asked to be excused from the August 21, 1995, meeting because of his work duties. 12. ADMINISTRATIVE REPORTS: A. (This item was moved to item 9.) INFORMATION ITEMS: 1. Streets and Roads Agenda for Tuesday, August 8. (Inserted in packet) 2. Update on letter from Leon Goldstein. (From 7/17 Council Meeting) 3. Update on traffic signal installation at Morganton Road and East Loch Haven Drive. (From 7/24 Council Meeting) 4. Response to Mrs. Godfrey's request. (From 7/24 Council Meeting) 5. Report on condition of Southport Road. 6. Report concerning the piping of the existing open ditch from Wright Street to Buxton Blvd. 7. Statement of settlement of current taxes from Cumberland County Tax Collector. 8. Report of tax refunds less than $100. 9. Transportation Coordinating Committee - minutes of July 12, 1995. 10. Report on Greenwood Homes Community Information Meeting. 11. Traffic Operations Report - Hay Street and Bradford Avenue 12. Redevelopment Commission - minutes of July 12, 1995. 13. PWC - minutes of June 14 and July 12, 1995. 14. Human Relations Commission - minutes of July 13, 1995. There being no further business the meeting was adjourned at 9:02 p.m. upon motion and second. REGULAR MEETING AUGUST 21, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER AUGUST 21, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1) - (arrived 8:43 p.m.); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: J. Breeden Blackwell, (at-large) - excused Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer Louis Chalmers, Traffic Engineer George Vaughan, Planning Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Rev. Jessie F. Williams, Pastor of First United Pentecostal Church, 2813 Cumberland Road, followed by Boy Scout Troop 29 from Lewis Chapel Baptist Church leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins recognized Scoutmaster Leroy Abner and Boy Scouts from troop 29, Lewis Chapel Baptist Church, who are working on their Merit and Citizenship in the Community badges. Also a scout from troop 747, St. James Lutheran Church was present. Mayor Dawkins announced the birth of James Williford Caison, August 10, 1995, 3:30 a.m., weighing in at 8 pounds 10 ounces. The parents are Jim and Dawn Caison, paternal grandparents LaGray Williford Caison and the late Robert Neil Caison and maternal grandparents Mary Anne and J. L. Dawkins. Mayor Dawkins also acknowledged the passing away of the father of City Senior Engineer Jerry Croll in Ohio on Saturday. Also a prominent businessman in the community, Mr. James Hagen, recently passed away. The Mayor expressed condolences to both families. Councilmember McBryde moved to excuse Councilmember Bolton until his arrival, seconded by Councilmember Kendrick and carried unanimously. Mayor Pro Tem Blackwell was excused from this meeting at the last meeting. Mayor Dawkins welcomed City Manager Smith back from vacation and an illness. 1. APPROVAL OF AGENDA City Manager Smith requested to add item 14.C. as a brief report on the Trailways Bus Station demolition project. Councilmember Cheek requested to add a closed session as item 15. for potential claim and the discussion of two lawsuits, both titled City of Fayetteville vs. Olde Fayetteville Investments Inc.. She also requested to move item 11. to item 6.B. Councilmember McBryde moved to approve the agenda with the changes, seconded by Councilmember Torrey and carried 7 to 0 with Councilmembers Blackwell and Bolton absent. 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 item A. Councilmember Robertson moved to approve the consent agenda with the exception of item A. After a seconded from Councilmember Massey the consent agenda and following items were unanimously approved with Councilmembers Blackwell and Bolton absent. A. (Pulled for discussion) B. Approve minutes of regular meeting of August 7, 1995. C. Set public hearing for September 18, 1995, to consider an application by Venesta W. White 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 home for the care of children in an R6 Residential District for an area located at 603 Monagan Street and being the property of Venesta Whitted Smith as evidenced by deed recorded in Deed Book 3651, Page 717, Cumberland County Registry. (P95-85). D. Adopt resolution authorizing the Mayor to execute State Airport Aid Grant Agreement 9.9544961 (AIP - 16 Jet Passenger Loading Bridge) Resolution WHEREAS, a grant in the amount of $8,750 has been approved by the Department based on a total estimated cost of $175,000 and WHEREAS, an amount equal to or greater than 50% of the nonfederal share of the total project cost has been appropriated by the Sponsor for this Project. NOW THEREFORE, BE IT RESOLVED THAT THE MAYOR of the Sponsor be and hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any mutually agreed upon modification thereof. E. Adopt 1995-96 Budget Ordinance Amendment Change 96-2 (Storm Water Management Utility) It is estimated that the service unit fee will generate approximately $1,592,686.00 (after allowance for delinquencies, off-sets and credits) in FY95-96. F. Adopt Capital Project Ordinance 96-1 (FY95-96 Annual Street Resurfacing). This project ordinance is necessary so that the funds, which contain $1,200,000.00, may be transferred from the General Fund to the Capital Project where the FY 95-96 Street Resurfacing Program will be expanded. G. Adopt Capital Project Ordinance Amendment 96-1 (FY94-95 Annual Street Resurfacing and Phase I Annexation Improvements). City Council adopted a $2,000,000.00 Capital Project on February 6, 1995, which was created to fund the FY94-95 Annual Street Resurfacing Program ($1,200,000.00) and a portion of the infrastructure improvements ($800,000.00) relating to the Phase I Annexation. The FY95-96 budget contains additional resources ($210,000.00) for this project of which $190,000.00 is for the annexation infrastructure improvements and $20,000.00 is for the Street Resurfacing Program. After the amendment the project will contain $2,210.000.00 of which $1,220,000.00 will be available for the FY94-95 Street Resurfacing Program and $990,000.00 will be available for Phase I Annexation Improvements. H. Adopt Special Revenue Project Ordinance Amendment 96-3 (Police-Controlled Substance Tax/Federal Forfeiture) This ordinance appropriates proceeds from the North Carolina Controlled Substance Tax in the amount of $3,934.00. I. Adopt resolution amending policy for disposal of real property. RESOLUTION TO AMEND THE POLICY FOR DISPOSAL OF REAL PROPERTY. RESOLUTION NO. R1995-60. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. 2-A. Approve minutes of regular meeting of July 17, 1995. Councilmember Kendrick referred to item 2.0, page 278 and page 279. The motion was omitted on the draft of the minutes. Councilmember Kendrick moved to put the corrected minutes on the next agenda, seconded by Councilmember McBryde and carried 7 to 0 with Councilmembers Blackwell and Bolton absent. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following: This item was presented by Traffic Engineer Chalmers with a recommendation for adoption of the ordinances. This is the advertised public hearing. 1. Roxie Avenue The public hearing was opened at 7:19 p.m. and speaking in favor was Mary Ann O'Conner, 3530 Madison Avenue. She said she lives on the corner of Roxie and Madison Avenue which is a very dangerous intersection due to the speeders. She said there have been several accidents there and requested approval of the speed reduction. There was none to speak in opposition and the public hearing was closed at 7:20 p.m. ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL, ROXIE AVENUE). ORDINANCE NO. NS1995-22. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Robertson and carried 7 to 0 with Councilmembers Blackwell and Bolton absent. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. 2. Madison Avenue The public hearing was opened at 7:21 p.m. and there being none to speak in favor or opposition and the public hearing was closed. ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL, MADISON AVENUE). ORDINANCE NO. NS1995-23. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Cheek and carried 7 to 0 with Councilmembers Blackwell and Bolton absent. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. 3. East and West Orange Street The public hearing was opened at 7:22 p.m. and there being none to speak in favor or opposition and the public hearing was closed. ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL, EAST AND WEST ORANGE STREET). ORDINANCE NO. NS1995-24. Councilmember Massey introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross and carried 7 to 0 with Councilmembers Blackwell and Bolton absent. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. B. Consideration of the rezoning from R5A Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located south of Castle Hayne Road, east of Sevilla Circle and north of Yadkin Road and being a portion of the property of J.N. Tally as evidenced by deed recorded in Deed Book 3408, Page 51, Cumberland County Registry, and by a map and legal description on file with the Planning Department. (P95-56) This item was presented by Planning Director Vaughan with a recommendation by the Planning Board for approval. This is the advertised public hearing. Councilmember Kendrick commented on the frequent deferrals by the Planning Board. Councilmember Cheek asked Mr. William Clark, representing J. N. Tally, to explain the buffers and where the footage is located on the display map. Mr. Clark said there has been a change to a further modification making it a lesser rezoning since the July 17, 1995, meeting. He pointed out the footage on each side of the property where the new western line would be and that approximately one half acre had been removed from the original request. Councilmember Cheek asked what the access would be from the back of that property onto the residential street to Castle Hayne Road. Mr. Smith responded that at this point it is not recommended to have access on that street as part of the site plan, but this could not be a condition of rezoning. The public hearing was opened at 7:33 p.m. and speaking in favor was Mr. William E. Clark, representing J. N. Tally, present in the Chamber. Also present was adjacent property owners Dr. and Mrs. Evan Clark and Dr. and Mrs. Rudolf Smith, who are going into a joint project at this location. Mr. John Raper, representing adjacent property owners Dr.'s Smith and Clark, said they wholeheartedly endorse the proposed project and that it will greatly enhance our community and add to its economic vitality. Councilmember Cheek moved to rezone to C1P as amended by the petitioner, seconded by Councilmember Massey. Following discussion, the vote was 7 to 0 with Councilmembers Blackwell and Bolton absent. C. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 413 Country Club Drive and being the property of Raymond Amador, Jr., and wife, Janah K. Amador as evidenced by deed recorded in Deed Book 3717, Page 373, Cumberland County Registry. (P95-67) This item was presented by Planning Director Vaughan with a recommendation by the Planning Board for denial. This is the advertised public hearing. The public hearing was opened at 7:46 p.m. with Mr. Charles M. Bostian, Buies Creek, North Carolina, and his partner Michael Stone, Erwin, North Carolina. They plan a law office at this location and both requested spot zoning. There being none further to speak the public hearing was closed at 7:52 p.m. Councilmember McBryde moved to deny because of spot zoning being illegal, seconded by Councilmember Kendrick and carried 7 to 0 with Councilmembers Blackwell and Bolton absent. D. Consideration of an application by Jim Castillo on behalf of National Welders, Inc., for a Special use Permit as provided for by the City of Fayetteville Code of ordinances, Article IV, Section 32-35(2), to allow the storage of acetylene gas in an M2 Industrial District for an area located on the west side of US HWY. 301 and the east side of McDuffie Street, south of Bell Street and being the property of Donald L. Hood, Jr., as evidenced by deed recorded in Deed Book 3694, Pages 571-572, Cumberland County Registry. (P95-70). This item was presented by Planning Director Vaughan with the recommendation for approval with the findings and conditions that the applicants submit a statement/plan for the level of noise, odor, smoke, ignitible, corrositivity, or toxicity of the use and that the use will not be detrimental to the public health and welfare. This is the advertised public hearing. Councilmember Ross was concerned with the storing of gas in that area being dangerous. The public hearing was opened at 7:57 p.m. Mr. Lewis Barber, representing National Welders Supply Company, was sworn by the clerk. He said there would be a chain-link fence around the property and no filling of tanks will be done. He said there is no residence within 500 feet of that property. There were none to speak in opposition and the public hearing was closed at 8:00 p.m. Councilmember Ross asked if there was a gas explosion there who would be responsible. Mr. Barber said their insurance company would be responsible but a cylinder has never exploded on a dock like they handle. Councilmember Robertson moved to approve the Special Use Permit as recommended, seconded by Councilmember McBryde. Councilmember Torrey offered a friendly amendment to include the findings and conditions. This was accepted by Councilmembers Robertson and McBryde. Councilmember Ross stated she feels this would not be a good thing for the neighborhood. The vote was called and the motion carried 6 to 1 with Councilmember Ross opposed and Councilmembers Blackwell and Bolton absent. E. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-initiated contiguous annexation area) - Property of John Campbell Builders, Inc. (Located on southern side of Oates Drive - to be developed as "Sugarloaf" subdivision) This item was presented by Deputy City Manger Stancil with a recommendation for adoption of the ordinance. This is the advertised public hearing. Councilmember Torrey asked if there were drainage problems in the area. Mr. Stancil answered that staff is discussing some concerns with drainage in the area with developers at this time but they do not expect problems. Councilmember Robertson said he would prefer this area to be developed within the city with some control rather than outside the city without any control. He also asked if there are any plans to annex this area next year by the city. Mr. Stancil said this particular area is in the planned annexation area for the year 2000. The public hearing was opened at 8:08 p.m. and Mr. John Campbell, petitioner, said he is available for any questions Council might have. There was none to speak in opposition and the public hearing was closed. ORDINANCE TO EXTEND CORPORATE LIMITS OF THE CITY (JOHN CAMPBELL BUILDERS, INC., LOCATED ON SOUTHERN SIDE OF OATES DRIVE TO BE DEVELOPED AS "SUGARLOAF" SUBDIVISION). ANNEXATION ORDINANCE NO. 1995-8-406. Councilmember Robertson introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 7 to 0 with Councilmembers Blackwell and Bolton absent. A copy of the foregoing ordinance is on file in the clerk's office in Annexation Ordinance Book 1995. 4. Consideration of the rezoning from R10 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at 896 Santee Drive and being all of Tract Two, the property of Neal K. Bullard as evidenced by deed recorded in Deed Book 4310, Pages 79-80, Cumberland County Registry. (P95-75) This item was presented by Planning Director Vaughan with a recommendation by the Planning Board for denial of M2 and approval of C3 and the Planning Staff recommended denial of rezoning. Councilmember Kendrick noted this is another referred case and commented on the increasing number of referrals by the Planning Board. He moved to set a public hearing for September 18, 1995, seconded by Councilmember Robertson and carried 7 to 0 with Councilmembers Blackwell and Bolton absent. 5. Consideration of the rezoning from R5 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at the southwest corner of the intersection of Adams Street and "B" Street and being the property of Clayton J. Britt and John W. Bullard as evidenced by deeds recorded in Deed Books 4250, Pages 192 and 280, Page 007, respectively, Cumberland County Registry. (P95-84) This item was presented by Planning Director Vaughan with a Planning Board recommendation of approval and the Planning Staff recommended denial. Councilmember Kendrick moved to set a public hearing for September 18, 1995, seconded by Councilmember Cheek and carried 7 to 0 with Councilmembers Blackwell and Bolton absent. 6. A. Consideration of request to address City Council from Alan G. Spencer, Vice President/General Manager, Cablevision Mr. Spencer said that Cablevision will reduce its basic service by 10 percent and upgrade to provide approximately 75 to 89 channels. Their request is to extend the term of their franchise to enable them to amortize their cost over the new extended life of the agreement. Discussion established that this would not give them exclusive contract to run cablevision in the area and that the rate would increase once a year for all customers and the rate would be determined by the FCC. City Manager Smith said that determination has not been made as yet if it would be beneficial to jointly negotiate with cablevision to include the county, Hope Mills, Spring Lake, etc. Council took no action. B. Consideration of purchase of Lafayette Hotel and Broadway Theater properties. City Manager Smith recommended authorization for him to negotiate with Northwood Temple and Branch Banking and Trust to purchase the properties after they had been demolished, because it would be a key piece of property for the city in the future. Councilmember McBryde moved to proceed with the demolition, seconded by Councilmember Robertson. Councilmember Bolton arrived at 8:43 p.m. at the beginning of discussion of the motion. Councilmember Cheek requested that Mr. Smith review what has taken place on this item to date. Following Mr. Smith's review and Council's discussion, the motion carried 5 to 3 with Councilmembers Massey, Cheek and Torrey voting in opposition and Mayor Pro Tem Blackwell absent. 7. Consideration of adoption of ordinance creating a new Section 21-38, Cain Road Dam - Fishing Prohibited, of the Code of Ordinances of the City of Fayetteville. City Manager Smith presented this item with a recommendation for adoption of the ordinance. Councilmember McBryde moved to leave this as is and place trash cans there, seconded by Councilmember Kendrick and carried 8 to 0 with Mayor Pro Tem Blackwell absent. 8. Consideration of agreement between City of Fayetteville and Aberdeen and Rockfish Railroad Company for installation of rubberized crossings. This item was presented by Assistant City Manager Stancil with a recommended action for Council to authorize the City Manager to negotiate and execute the agreement. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Ross and carried 8 to 0 with Mayor Pro Tem Blackwell absent. 9. Consideration of award of design contract for McPherson Church and Kinwood Subdivision drainage projects to Ogden Environmental Company. This item was presented by Assistant City Manager Stancil with the recommended action to authorize City Manager to negotiate and execute the agreement. Motion was made by Councilmember Kendrick, seconded by Councilmember Cheek and carried 8 to 0 with Mayor Pro Tem Blackwell absent. 10. Consideration of the following zoning matters: A. Consideration of moratorium on issuance of permits for telecommunication towers for a period of ninety (90) days. City Manager Smith presented this item with a recommendation for approval of the moratorium. Councilmember Robertson moved to follow the recommendation, seconded by Councilmember Kendrick and carried 8 to 0 with Mayor Pro Tem Blackwell absent. B. Consideration of amendments to zoning ordinance to require Special Use Permit for telecommunication towers. The City Manager presented this item and recommended that Council refer this proposed ordinance to the Planning Board. Councilmember Bolton questioned why a Special Use Permit be allowable in all zones for those towers. Mr. Smith said that some zones allow them already and our proposal would delete this. Councilmember Kendrick moved to follow the recommendation to refer this to the Planning Board, seconded by Councilmember Robertson and carried 8 to 0 with Mayor Pro Tem Blackwell absent. 11. (Moved to item 6.B.) 12. Report from Streets and Roads Committee. Councilmember Kendrick said that the Sycamore Dairy Road extension proposed work is still being discussed within NCDOT and the developers in the area. Councilmember Kendrick moved to install a traffic signal at the intersection of Village and Metromedical Drive as recommended by staff, seconded by Councilmember McBryde and carried 8 to 0 with Mayor Pro Tem Blackwell absent. Councilmember Cheek asked that staff send a letter to property owners at Legend Avenue to inform them that the city is working in the area, send them a draft schedule where we are now and ask if they wish to be on a mailing list for further information. Councilmember Kendrick said the committee recommends no action be taken at this time for the crosswalk on Maiden Lane at the main library. Councilmember Kendrick reported that the committee requested staff to continue working on making the city "pedestrian friendly" and continue their efforts with NCDOT on pedestrian crossings. 13. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. There were no nominations for the architect category to December 1996. B. Nominations to fill two vacancies on Board of Adjustment. Mr. Doug English was elected to a three-year term to July 1998. Councilmember McBryde nominated Mr. Harry Sherrill to fill the vacancy of Mr. Huff. C. Nominations to fill three vacancies on Storm Water Advisory Board. Mr. Stephen Williams and Mr. Wilson Lacy were unanimously elected to a two-year term to September 1997. Councilmember Cheek nominated Mrs. Linda Allan for the one-year term. 14. ADMINISTRATIVE REPORTS: A. Report on Hester properties. (To be held in closed session after item C.) B. Report on administrative actions taken regarding emergency access to Brandywine Apartments. City Manager Smith said they were concerned that fire protection could not be provided for that area and they have taken administrative action to make sure emergency access is available. C. Report on Trailways Bus Station Demolition project. City Manager Smith said there was only one bid received on the demolition project and that was from D. H. Griffin in the amount of $79,057.00 and they are prepared to proceed with that contract. Councilmember Kendrick moved to award the contract to D. H. Griffin in the amount of $79,057.00, seconded by Councilmember Cheek and carried 8 to 0 with Mayor Pro Tem Blackwell absent. Councilmember Robertson asked City Attorney Cogswell to clean up the zoning ordinance to cover Primary Health Care givers. Councilmember McBryde moved to have an item on September 5, 1995, agenda to discuss the City Zoning Board, seconded by Councilmember Kendrick and carried 8 to 0 with Mayor Pro Tem Blackwell absent. Councilmember Ross asked where we stand on the Martin Luther King naming. Mr. Smith said we are still waiting to hear from NCDOT and he would follow up on this. Councilmember Kendrick moved to have the Colgate/Vandemere Drive Storm Water Drainage Improvement detail placed on the next agenda, seconded by Councilmember McBryde and carried 8 to 0 with Mayor Pro Tem Blackwell absent. Mayor Dawkins asked City Attorney Cogswell to repeat the circumstances for the closed session on the Hester property of item 14.A. Mr. Cogswell said there are two law suits, both in the name of City of Fayetteville vs. Olde Fayetteville Investments, Inc.. Councilmember Kendrick moved to enter closed session for the two law suits as named above, seconded by Councilmember McBryde and carried unanimously 8 to 0 at 9:27 p.m. with Mayor Pro Tem Blackwell absent. Council reconvened into regular session at 9:51 p.m. and there being no further business the meeting was adjourned upon motion and second. INFORMATION ITEMS: 1. Statement of taxes collected for the month of July, 1995, from the Cumberland County Tax Collector. 2. Report on paving of Englewood Drive and Dallas Street - citizen complaints raised at 8/7/95 Council meeting. 3. HUD comments on City's Consolidated Plan 4. Update on Bond Project schedule. 5. Traffic Operations Report - Cliffdale Road and Waters Edge Drive. 6. Report on Central Business District parking signs. 7. Police Department - Professional Standards monthly report for July, 1995. 8. Appearance Commission - minutes of June 27, 1995. 9. Board of Adjustment - minutes of July 19, 1995. 10. PWC - minutes of July 26, 1995. 11. Joint Planning Board - minutes of July 11 and July 18, 1995. 12. FACVB - minutes of July 13, 1995. 13. Historic Resources Commission - meeting cancellation notice. 14. Airport Commission - minutes of July 25, 1995. REGULAR MEETING AUGUST 28, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER AUGUST 28, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1) - (arrived 8:43 p.m.); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Mayor Dawkins called the City Council meeting to order. A copy of the Cumberland County Board of Commissioners minutes for this meeting is attached and incorporated into these minutes. CUMBERLAND COUNTY BOARD OF COMMISSIONERS AUGUST 28, 1995, 7:00PM JOINT MEETING WITH FAYETTEVILLE CITY COUNCIL TO DISCUSS THE 2010 PLAN PRESENT: Chairman Johnnie Evans Mayor J. L. Dawkins V.Ch. Thomas Bacote Mayor Pro Tem Breeden Blackwell Com. Marshall Faircloth Council Member Suzan Cheek Com. Billy R. King Council Member Mark Kendrick Com. Rollin Shaw Council Member Thelbert Torrey Com. J. Lee Warren, Jr. Council Member Ida Ross Cliff Strassenburg, Co.Mgr. Council Member Robert Massey, Jr. James Martin, Dep. Co. Mgr. Council Member Milo McBryde Neil Yarborough, Co. Atty. Council Member Nat Robertson, Jr. Marsha Fogle, Clerk Council Member Tommy Bolton, Jr. John Smith, City Manager Roger Stancil, Asst. City Manager Robert Cogswell, City Attorney ABSENT: Com. John Keefe (Illness) *Members of the Joint Planning Board and Staff were present as well as the Chairman of the Public Works Commission. The Chairman of the Board of Commissioners and the Mayor of the City of Fayetteville called their respective Boards to order. Council Member Suzan Cheek noted that the City-County Liaison had been looking at the Planning issues in the County and ways in which to improve these services for the citizens. She noted the importance of uniform standards and easier access of information to our citizens. Dr. Cheek indicated the City of Fayetteville had received a presentation of the 2010 Plan in July of 1995. She said she believed we were now at the point where some policy decisions needed to be made by the governing boards on how this plan is to be implemented. Council Member Cheek pointed out the urban nature of Cumberland County and some of the alternatives that have been discussed to address the development standards: a. Granting Extraterritorial Jurisdiction to Municipalities in the County; b. Developing/Requiring Uniform Development Standards within an Urban Services Area; c. Implement a Municipal Influence Area Concept in Conjunction with the Urban Services Area Concept; d. Maintain Urban Services Area Concept and Adopt Practical Development Standards based upon Density. Council Member Cheek noted the importance of translating the 2010 Plan into regulations that will guide development in this county for the next 15 years and beyond. Commissioner Marshall Faircloth said he thought a possible drawback to ETJ is "regulation without representation." Commissioner Rollin Shaw said she had spoken to Mr. David Owen, Institute of Government, who indicated this was not as much of a problem as it is purported to be. She said she is very interested to learn how other counties and municipalities have worked out the issues relative to this matter. Mayor Pro Tem Breeden Blackwell said a big issue for him in the 2010 Plan is the adoption of Uniform Standards. This would help the City in that it would decrease the cost of annexation. Commissioner Lee Warren said he did not think uniform standards would be attainable in a rural area that would probably never be annexed into the City limits. He said to impose those kinds of restrictions in the truly rural areas of the county would be too much of a burden. Commissioner Faircloth noted the County has adopted the 2010 Plan and he indicated he was not clear what questions the City has concerning the standards adopted. He asked if what we have adopted is compatible with the City's standards. John Smith, City Manager, noted they were and in some instances they were more restrictive. Cliff Strassenburg, County Manager, injected the point that the Plan has been adopted and the Planning Board is now developing Ordinances/Codes to implement the Standards adopted. Council Member Mark Kendrick stated he believed we should include the other municipalities in these conversations. Chairman Evans said he believed we are "jumping the gun" as the Planning Board is working on the Ordinances that will implement adopted standards. Commissioner Shaw said she did not believe the Planning Board has a clear direction from the Governing Bodies, making it difficult for them to provide come forward with codes and ordinances that reflects the philosophy of the governing boards. Council Member Cheek asked if we were going to do the municipal influence area. Mayor Dawkins indicated there had been a suggestion to appoint a Blue Ribbon Committee made up of commissioners, council members, etc. to study the issues and come back with some recommendations. Commissioner Shaw suggested that perhaps we include the other municipalities as part of our City-County Liaison Committee to discuss these issues. Council Member Torrey noted the controversy concerning the size of the urban services area as adopted. Commissioner Billy King asked what the fundamental problems were with what the Commissioners have adopted. Council Member Nat Robertson noted there was some confusion about what was adopted and what was not adopted. It was suggested the staff get together and determine what has been adopted and communicate this back to the respective boards. MOTION: Council Member Bolton offered a motion to adjourn the City Council meeting. SECOND: Council Member McBryde VOTE: UNANIMOUS MOTION: Commissioner King offered a motion to adjourn the County Commissioners meeting. SECOND: Commissioner Warren VOTE: UNANIMOUS MEETING ADJOURNED: 8:10PM ________________________________ Clerk to the Board Upon motion by Councilmember Bolton, seconded by Councilmember McBryde, Council voted unanimously to adjourn the meeting at 8:10 p.m. REGULAR MEETING SEPTEMBER 5, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 5, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Ida Ross (District 2) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert Cogswell, Jr., City Attorney Bobbie Joyner, City Clerk Jason Brady, Public Information Officer George Vaughan, Planning Director Robert Barefoot, Recreation/Community Facilities Director Landon Hadley, Parks and Recreation Advisory Commission Chairman Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Rev. Carrie Parrish, Methodist College Chaplain, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Councilmember Torrey moved to excuse Councilmember Ross because of illness, seconded by Mayor Pro Tem Blackwell and carried unanimously. RECOGNITION: Miss Fayetteville 1996, Kimberly Lucas Mayor Dawkins presented a dozen red roses to Ms. Lucas who was crowned Miss Fayetteville 1996 on August 12, 1995. Kim was Miss Teen Fayetteville in 1991 and a former student of Mayor Pro Tem Blackwell. At this time Mayor Dawkins wished his wife of almost 38 years, Mary Ann, a happy birthday. 1. APPROVAL OF AGENDA A. Approval of addition of Item No. 7 (Requires ¾ majority of Councilmember approval) Councilmember Bolton moved to delay this item until the September 18, 1995, meeting because Councilmember Ross wants to be present and able to vote on this issue. The motion was seconded by Councilmember Cheek and carried 6 to 2 with Councilmembers McBryde and Kendrick voting in opposition and Councilmember Ross absent. Mayor Pro Tem Blackwell requested that backup be put with this item at the September 18, 1995, meeting. Mr. Smith said the item would be handled the same as tonight and he would include the backup material. B. Approval of remainder of agenda. City Manager Smith requested that on consent item 2-G. the item read "to adopt resolution authorizing the sale" and item 2-I. has an ordinance reference correction to be made from "Section 20-21" instead of "20-106". Councilmember Bolton moved to adopt the agenda with the changes, seconded by Councilmember Robertson and carried 8 to 0 with Councilmember Ross absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. There being none, Councilmember Bolton moved to approve the consent agenda. After a second from Councilmember Robertson the consent agenda and following items were unanimously approved with Councilmember Ross absent. A. Approve corrected minutes of regular meeting of July 17, 1995. B. Approve minutes of regular meeting of August 21, 1995. C. Approve minutes of joint meeting with Cumberland County Board of Commissioners of August 28, 1995. D. Approve tax refunds in excess of $100. Taxpayer's Name Nature of Clerical Property Amount Error Description WalMart Stores Construction costs & Business $6896.43 Inc. minor maintenance was Pers.Property included in leasehold #71-0415188 improvements by mistake Stepp-Jones Per the Audit Over- Bus. Pers. $190.12 Residential stated Equipment & Prop. Mach. Design Inc. Machinery Figures & Equipment C/O Step One #56-1483387 PharMor Inc. Taxpayer listed Computer $213.72 # 64 equipment that had Equipment been disposed of #25-1466309 Journey Inc. Per The Audit, Bus. Pers. $272.40 T/A Deerfield Co. Overstated Mach. Prop. Mach. & Equipment Figures & Equipment #56-1369574 William Warren Illegal Tax: LES on 1994 Isuzu $120.92 Gum File/MO/NO ETS. HPY2330 Employee Benefit Figures were Loc: 223 $499.46 Systems Inc. corrected per an audit Fairway Drive Rodney Donnell Illegal tax: LES on 1992 Acura $112.91 Edge file/MD/NO ETS, Pers. Prop. Henry Cochran Illegal tax: LES on $107.24 Ballard file/MO/NO ETS E. Set public hearing for October 2, 1995, to consider the rezoning from C1P Shopping Center District to R5 Residential District or to a more restrictive zoning classification for an area located on the north side of Eastward Avenue, East of Ramsey Street (U.S. 401 North) and being a portion of the property of J. J. Barnes as evidenced by deed recorded in Deed Book 2747, Pages 601-602, Cumberland County Registry, and by a map and legal description on file with the Planning Department. (P95-99) F. Approve Municipal Agreement between City of Fayetteville and the N.C. DOT for the reinspection of bridges on the Municipal Street System. RESOLUTION WHEREAS, the City of FAYETTEVILLE has requested the Department of Transportation to perform certain work under the Federal-Aid Highway Bridge Replacement and Rehabilitation Program, said work to consist of the reinspection and analysis of all public bridges on the Municipal Street System in the City of FAYETTEVILLE; and WHEREAS, the City of FAYETTEVILLE proposes to enter into an agreement with the North Carolina Department of Transportation for said work wherein the Department of Transportation or a Consulting Engineering firm retained by the Department of Transportation will reinspect and prepare the necessary reports for all public bridges on the Municipal Street System in accordance with the National Bridge Inspection Standards; and WHEREAS, under the proposed agreement the Federal Highway Administration shall reimburse the Department of Transportation for eighty (80) percent of the cost of the work subject to compliance with all applicable federal policy and procedural rules and regulations; and WHEREAS, under the proposed agreement the City of FAYETTEVILLE shall reimburse the Department of Transportation for all costs of the work incurred by the Department of Transportation not paid by the Federal Highway Administration. NOW, THEREFORE, BE IT RESOLVED that the agreement for the hereinabove referenced bridge inspection work is hereby formally approved by the City of FAYETTEVILLE and the Mayor and Clerk (or Manager) of this Municipality are hereby empowered to sign and execute the required agreement between the City of FAYETTEVILLE and the Department of Transportation. G. Adopt resolution approving sale of surplus police motorcycles to Jerry Drew, only bidder in the amount of $24,470. (This resolution was adopted August 7, 1995. Resolution No. R1995-56) H. Set public hearing for September 18, 1995, to consider speed limit reduction on Metromedical Drive from Village Drive to its end. I. Adopt ordinance amending Section 20-21, Traffic Schedule Number 10-Loading Zones, of the Fayetteville City Code to change loading zone time limit on Green Street from twenty minutes to ten minutes. ORDINANCE AMENDING SECTION 20-21 MOTOR VEHICLE AND TRAFFIC (RESCINDING TRAFFIC SCHEDULE NO. 10-LOADING ZONES, 20 MINUTES, GREEN STREET). ORDINANCE NO. NS1995-25. ORDINANCE AMENDING SECTION 20-21 MOTOR VEHICLE AND TRAFFIC (ADDING TRAFFIC SCHEDULE NO. 10-LOADING ZONES, 10 MINUTES, GREEN STREET). ORDINANCE NO. NS1995-26. Copies of the foregoing ordinances are on file in the clerk's office in Ordinance Book NS1995. J. Adopt Budget Ordinance Amendment Change 96-3 (Playground Equipment - VanStory Elementary) The city's portion of this City/County funding is approximately $5,700.00. K. Adopt resolution authorizing condemnation to acquire property of Royce L. Nunnery for sanitary sewage collection and disposal system and water distribution system purposes. (PWC) RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF ROYCE L. NUNNERY (SUNNYSIDE ACRES, SECTION II). RESOLUTION NO. R1995-61. A copy of the foregoing resolution is on file in the clerk's office in Resolutions Book R1995. L. Approve award of contract for Cumberland Industrial Center Substation Site Preparation to Barnhill Contracting, Fayetteville, low bidder in the amount of $107,389.64. (PWC) Bids received were as follows: Barnhill Contracting (Fayetteville, NC) $107,389.64 Wellons Construction (Fayetteville, NC) $109,551.50 McDonald Grading Co. (Fayetteville, NC) $128,105.00 M. Approve award of contract for purchase of four (4) 25.8 kV Power Circuit Breakers for the Cumberland Industrial Park Substation to Eastern Electric, Rocky Mount, NC, low bidder in the amount of $78,900.00. (PWC) Bids received were as follows: Eastern Electric (Rocky Mount, NC) $78,900.00 Siemens Energy (HESCO,Inc, Smithfield, NC) $84,000.00 WESCO (Raleigh, NC) $87,308.00 Power Supply, Inc. (Matthews, NC) $106,580.00 Councilmember Cheek said that September begins the school system's implementation of the Seven Pillars of Character and this month is the "R" month for "Respect." She wanted to announce the city's support to the students and the school system and asked Dr. Blackwell to keep us up-to-date on which pillars are coming up each month so we can continue this support. Councilmember Bolton requested to abstain from the discussion or voting on item 3.A because of possible conflict of interest. Councilmember McBryde moved to excuse Councilmember Bolton as requested, seconded by Councilmember Robertson and carried unanimously with Councilmember Ross absent. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of the rezoning from R15 and R10 Residential Districts to C1P Shopping Center District or to a more restrictive zoning classification for an area located at 3709 Morganton Road and being the property of Troy and Ruth Hooker as evidenced by deeds recorded in Deed Books 768, Page 218 and 2237, Page 277, Cumberland County Registry. (95-64) This item was presented by Planning Director Vaughan with a recommendation from the Planning Board for approval of the rezoning request. This is the advertised public hearing. Following some discussion, the public hearing was opened at 7:30 p.m. Speaking in favor was Ms. Ann Hooker, 3709 Morganton Road, representing the petitioners, her parents. She presented a petition in favor of the rezoning with approximately 163 names. She said they are surrounded by businesses and displayed photographs of their situation. Approximately 30 area people stood in favor of the rezoning. Also appearing in favor was Mr. Swayn G. Hamlet, 2514 Mirror Lake Drive, and adjacent commercial property owner. He said he feels the Hooker property could not be sold as a residence and that the Planning Board acted in the best interest of the area by unanimously recommending rezoning. Speaking in opposition was Mr. Robert Cardini, 210 Kirkwood Drive. He presented a petition in opposition with approximately 119 area resident's signatures and there were approximately 30 people in the audience in opposition. Mr. Cardini said the Hooker's should have fought this 36 years ago. Mr. Cardini concluded by saying that the area residents are concerned with the quality of life being affected if this rezoning is approved. Also speaking in opposition and expressing the same concerns were William Dudley, 129 Bryce Creek Lane; Tony Rand, 121 Great Oaks; and David Nichols, 3540 Farmbrook Road. Ms. Hooker appeared in rebuttal saying there were only approximately ten percent of the 163 names on her petition that were commercial property owners. Also, that 36 years ago when her parents moved there, the area was woods. Mr. Nichols appeared in rebuttal stating that what the Hooker's presented could become the rest of Morganton Road. Following discussion, Councilmember Cheek moved to deny the rezoning request, seconded by Mayor Pro Tem Blackwell and carried 7 to 0 with Councilmember Bolton abstaining and Councilmember Ross absent. B. Consideration of an application by Elva Colvin for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(5) to operate a group home in an R6 Residential District for an area located at 600 Dowfield Drive and being the property of Colvin Funeral Home as evidenced by deed recorded in Deed Book 3036, Page 257, Cumberland County Registry. (P95-73) This item was presented by Planning Director Vaughan with a recommendation from the Planning Board for denial for the expanding of the residence from 6 to 8 individuals. This is the advertised public hearing. The public hearing was opened at 8:22 p.m. and the clerk administered the oath to Glen B. Adams, 250 Green Street, representing the petitioner. He said they are making no change in the structure. He said the state has allowed them six to eight ambulatory residences for this particular piece of property. Mr. Clark submitted photos of the residence and a floor plan drawing showing which two bedrooms would receive an extra resident. There being none further to speak in favor or opposition the public hearing was closed at 8:25 p.m. Councilmember Robertson asked if there would be eight people living in the house and Mr. Adams said there would be nine including the supervisor. Mayor Pro Tem Blackwell asked Mr. Adams if there were any other group homes in the area and Mr. Adams said there were none on Dowfield Drive, to his knowledge. Dr. Blackwell asked Mr. Vaughan if the Planning Board recommended denial only because of the increase by two more residents and Mr. Vaughan said that it was. Councilmember Kendrick asked Mr. Vaughan if this was approved for eight (residents) could they automatically be approved for ten or more? Mr. Vaughan said they would be limited by the Special Use Permit to eight residents. Councilmember Torrey moved to approve the Special Use Permit, seconded by Councilmember Massey. Discussion ensued with Mayor Pro Tem Blackwell asking Ms. Olivia Parks, supervisor of the group home, about the complaint in the minutes of the Planning Board concerning parking problems. Mrs. Parks said there were only one or two cars that belong to the home and the neighbors have parked there in the past, but to her knowledge there has never been a parking problem. Councilmember Robertson asked Mr. Adams how many total square feet were in this home. Mr. Adams said he did not have this information but that it was larger than the homes on each side and several of the other residents on the street. Councilmember McBryde said he could not see how one person could supervise eight people in such a large home and said he feels it should be held where it is. City Attorney Cogswell said that Council would have to include the findings that the use fits in with the character of the neighborhood and the use is not detrimental to the surrounding neighborhood. Councilmember Torrey amended his motion to include this and Councilmember McBryde seconded it. The motion failed 3 to 5 with Councilmembers Cheek, Robertson, McBryde, Bolton and Kendrick in opposition and Councilmember Ross absent. C. 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 128 Lock Trail and being the property of Owens Temple Christian Center, Inc., as evidenced by deed recorded in Deed Book 3896, Pages 860-862, Cumberland County Registry. (P95-76). This item was presented by Planning Director Vaughan with the recommendation from the Planning Board for approval of the rezoning. This is the advertised public hearing. There was discussion concerning this being an established residential area. The public hearing was opened at 8:36 p.m. and there being none to speak in favor or opposition the public hearing was closed. Councilmember Kendrick moved to deny the rezoning, seconded by Councilmember Robertson and carried 7 to 1 with Councilmember Torrey voting in opposition and Councilmember Ross absent. D. Consideration of the addition of MH(O) Manufactured Home Overlay District in an R6 Residential District for an area located at 2017, 2019, 2021 and 2023 Progress Street and being the property of Lula Mae Wright; Earlise and Ellen Jones; Deborah DeWitt and Stephen V. and Lillie Mae Graham as evidenced by deeds recorded in Deed Books 1095, Page 004; 3863, Page 044; 4015, Page 002 and 2491, Page 646, respectively, Cumberland County Registry. (P95-87) This item was presented by Planning Director Vaughan with a recommendation from the Planning Board for approval of the overlay district. The public hearing was opened at 8:41 p.m. Speaking in favor was the petitioner, Deborah DeWitt, 204 Saxony Place, Apartment A. There were none to speak in opposition and the public hearing was closed at 8:43 p.m. Councilmember Kendrick moved to approve the request after finding it is compatible with the present development in the area. The motion was seconded by Councilmember Robertson and carried 8 to 0 with Councilmember Ross absent. 4. Consideration of rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at the southwest corner of the intersection of Morganton Road and Murray Fork Drive and being the property of LaGrange Waterworks, Inc., as evidenced by deed recorded in Deed Book 2890, Page 515, Cumberland county Registry and a map and legal description on file with the Planning Department. (P95-92) This item was presented by Planning Director Vaughan with a recommendation by the Planning Board for approval. Councilmember Cheek moved to set a public hearing for October 2, 1995, seconded by Councilmember McBryde and carried 8 to 0 with Councilmember Ross absent. 5. Consideration of the rezoning from R15 and R10 Residential Districts to P2 Professional District or to a more restrictive zoning classification for an area located at 3707 Morganton Road and being the property of J. B. Rouse, Jr., and Dorothy J. Rouse as evidenced by deeds recorded in Deed Books 4257, Page 52 and 2495, Page 128, Cumberland County Registry. (P95-93) Planning Director Vaughan presented this item with a recommendation from the Planning Board that the P2 be denied and approval of R10 for a portion zoned R15. Councilmember McBryde moved to follow the recommendation to deny the P2 rezoning and approve R10 for the portion zoned R15. The motion was seconded by Councilmember Cheek and carried 8 to 0 with Councilmember Ross absent. 6. Consideration of the rezoning from C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 2850 Owen Drive and being the property of Hope Harbor Christian Mission, Inc., as evidenced by deed recorded in Deed Book 2776, Pages 49-50, Cumberland County Registry.(P95-96) This item was presented by Planning Director Vaughan with a recommendation by the Planning Board for approval based on the site being identified as a Primary Business Street, and the C3 Heavy Commercial District is appropriate. Councilmember Bolton moved to follow the recommendation to rezone, seconded by Councilmember McBryde and carried 8 to 0 with Councilmember Ross absent. 7. Consideration of request from Councilmember Tommy Bolton to reconsider the purchase of Lafayette Hotel and Broadway Theater properties. (This item is to be considered at the next regular meeting) 8. Consideration of reconstruction of Seabrook Pool: A. Approval of preliminary design. This item was presented by Chairman of the Parks and Recreation Advisory Commission, Landon Hadley. He had a recommendation from the Parks and Recreation Commission for approval of the preliminary design. Mr. Hadley recognized members of the Parks and Recreation Advisory Commission present in the audience. Recreation/Community Facilities Director, Robert Barefoot, assisted in the question and answer session. City Manager Smith reviewed previous discussions on the financing of this project and the recommendation, which is to file the application to HUD for a Section 108 loan guarantee. This item is for approval of the preliminary design. Mayor Pro Tem Blackwell moved to approve the preliminary design as recommended, seconded by Councilmember Robertson and carried 5 to 0 with Councilmembers McBryde, Bolton and Kendrick opposed and Councilmember Ross absent. Mayor Pro Tem Blackwell moved to approve the preliminary design as recommended, seconded by Councilmember Robertson and carried 5 to 3 with Councilmembers McBryde, Bolton and Kendrick opposed and Councilmember Ross absent. B. Adoption of resolution authorizing the filing of an application to HUD for a Section 108 loan guarantee. RESOLUTION AUTHORIZING FILING OF APPLICATION FOR A SECTION 108 LOAN GUARANTEE. RESOLUTION NO. R1995-62. Councilmember Torrey introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried 5 to 3 with Councilmembers McBryde, Bolton and Kendrick opposed and Councilmember Ross absent. A copy of the foregoing resolution is on file in the clerk's office in Resolutions Book R1995. 9. Consideration of approval of revised fee schedule for parks and recreation programs. This item was presented by Chairman of the Parks and Recreation Advisory Commission, Landon Hadley, and Robert Barefoot, Recreation/Community Facilities Director, with a recommendation for approval. Councilmember Bolton moved to follow the recommendation for approval, seconded by Councilmember Kendrick. Following discussion for clarification on the fees, the motion was carried 8 to 0 with Councilmember Ross absent. 10. Consideration of adoption of ordinance amending Section 20-145, of the Fayetteville City Code, Off-street parking lots; hours and days of operation, for enforcement of parking in City owned lot located at 100 Hay Street. (Adding Saturday enforcement) City Manager Smith presented this item with a recommendation for adoption of the ordinance. ORDINANCE AMENDING SECTION 20-145, OFF-STREET PARKING LOTS; HOURS AND DAYS OF OPERATION (100 HAY STREET). ORDINANCE NO. S1995-15. Councilmember McBryde introduced the forgoing ordinance and moved its adoption, seconded by Councilmember Robertson and carried 8 to 0 with Councilmember Ross absent. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. 11. Discussion of property acquisition. (Closed session) City Manager Smith said this property acquisition is concerning the Central Fire Station. Councilmember Kendrick moved to enter closed session for property acquisition of the Central Fire Station, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Ross absent at 9:30 p.m. Council reconvened into regular session at 9:38 p.m. Councilmember Cheek moved to have staff and the project architect to meet with the Appearance Commission for the Central Fire Station on Person Street. The motion was seconded by Councilmember Kendrick and carried 8 to 0 with Councilmember Ross absent. 12. Consideration of adoption of 2010 Residential Land Development Standards. This item was presented by the City Manager with the recommendation to instruct staff to draft ordinances in accordance with Urban Services Area Standards. Councilmember Blackwell moved to follow the recommendation, seconded by Councilmember Kendrick. Councilmember Cheek asked if the ordinances would come back to Council before they are sent to the Planning Board and if the City Attorney will show the differences in the ordinances. The responses were that they would. The motion carried unanimously 8 to 0 with Councilmember Ross absent. 13. Discussion of City zoning board. Councilmember McBryde said he feels the city needs separate members for the City Planning Board because they seem only to have time for zoning matters. He said he also feels that members should be required to vote on each matter that comes before them rather than voting "present." Councilmember Kendrick agreed with Councilmember McBryde and moved to refer this to the Council Policy Committee, seconded by Councilmember Bolton. Councilmember Robertson asked that the Policy Committee also consider having one person on the board or a zoning officer to answer directly to Council. Councilmember Torrey said he talked with the Institute of Government and they recommended leaving the Board as it is because it would be difficult to get volunteers to serve for City alone. Following further discussion, the motion carried 7 to 1 with Councilmember Torrey voting no and Councilmember Ross absent. Councilmember Cheek requested additional backup on this matter from the Planning staff. 14. Consideration of election of voting delegates and alternate voting delegates for National League of Cities' Annual Congress of Cities, November 29-December 2, 1995, Phoenix, Arizona. Councilmember Robertson moved to appoint Mayor Dawkins as delegate, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Ross absent. Councilmember Torrey moved to appoint Councilmember Cheek as alternate delegate, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Ross absent. 15. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. There were no nominations for the architect category. Councilmember McBryde requested to know how long this position has been vacant at the next meeting and possibly consider changing this position to an at-large. B. Nominations to fill one vacancy on Board of Adjustment. Mr. Harry Sherrill was elected unanimously to serve a term to July 1998. C. Nominations to fill one vacancy on Storm Water Advisory Board. Mrs. Linda Allan was elected unanimously to serve a one-year term. D. Appointment to Human Relations Commission. Councilmember Kendrick nominated Master Sergeant James C. Adcox as ex-officio from Fort Bragg and as alternate Dennis T. Campbell. E. Nominations to fill two vacancies on Joint Senior Citizens Advisory Commission. Councilmember Robertson nominated Nat Robertson, Sr. Councilmember McBryde nominated Dr. Ruby Murchison and Mayor Pro Tem Blackwell nominated Elouise Lindsay for a second term. 16. ADMINISTRATIVE REPORTS: A. Report on Weiss Avenue Bridge This item was presented in the agenda packet. B. Report on Colgate-Vandemere drainage This item was presented in the agenda packet. At this time Councilmember Robertson asked City Manager Smith what the progress has been on checking out the 18 wheeler trucks parked in the city with cabs attached. Assistant City Manager Teal responded saying that the Appearance Commission and Planning Department are reviewing revisions to the ordinance covering the situation and should come up with a recommendation very soon. There was also discussion concerning the tractor trucks being used as storage containers at shopping centers and other places without cabs attached. City Attorney Cogswell said this will also be covered in the ordinance amendment. Councilmember Cheek referred to the Proposed Transportation Improvement Plan for 1997 through 2003 with a request for comments by September 29, 1995, and asked if there will be a presentation at the next meeting. City Manager Smith said he had just received this material today and hoped to have a presentation at the information meeting. INFORMATION ITEMS: 1. Update on Eufaula Street relocation project. 2. Sample letter to property owners in the Sycamore Dairy/Bragg Blvd area, per Councilmember Cheek's request of August 21, 1995. 3. Schedule for Kinwood Neighborhood Meeting. 4. Schedule of Sign Committee Public Hearing. 5. Letter from Legislative Delegation regarding community meetings. 6. Information for NCLM Annual Business Meeting, October 16, Durham Civic Center. 7. Report of tax refunds less than $100. Taxpayer's Name Nature of Clerical Property Amount Error Description Robert C Allen & Illegal Tax: LES on 1994 Saturn, $43.61 Diane Carol file/CA/6-30-96 HPY3171 Ervin Calvin Illegal Tax: LES on 1993 Vehicle $11.61 Atkins file/SC/9-15-95 Tax Antonio M Bailey Illegal Tax: LES on 92 Chrysler & $76.37 Stephanie McSwain file/TX/12-26-96 90 Ddg Caravan ENP 4758 Edgar Evans Illegal Tax: LES on 92 Pontiac $64.86 Estevan, Jr. file/FL/8-18-97 Grand Am William W Gum & Illegal Tax: LES on 1990 $23.65 Maria Gum file/MO/No ETS Nissan-HPY4849 Art Gutierrez Illegal Tax: LES on 1984 Pontiac $16.20 file/NM/3-7-96- ERH9617 Louise Anne Harn Correct Tax Dist. 1987 Fair $69.86 to Bonnie Doone. 14 X 70 MH, Janice St. is not MV8763351-PIN located in the City #0419-12-5007 per David Nash. Sharon L Harvey Illegal Tax: LES on $36.45 file/NY/7-8-96 McFayden Lake Open space con- .11 acres $38.07 Association sidered common area open space and is exempt Waters Edge 0407-10-47-3495 Anthony William Illegal Tax: LES on 1993 Chevy $81.93 Morris file/TX/9-21-93 Beretta Danial Joon Illegal Tax: LES on 1990 Chevy $73.23 Min Oh file/IN/No Ets. Geo EVN6162 Danial Joodmin Oh Illegal Tax: LES on 1993 Chevy $81.91 file/IN/No Ets. Corsica Randall Scott Illegal Tax: LES on $87.49 Peterman file/TN/No Ets. Peter & Susan Illegal Tax: LES on 1987 Ford $35.24 Riopel file for both/FL/ Aerostar 8-30-97 - FL/No Ets. Eddie R Shaw, Jr. 1990 GMC was tagged 1990 GMC $54.17 & Theresa on 1-1-94 per Truck LR:5640299-04 Shear Pleasure Double listed business Assessed $65.84 on LR 5003159 under Discoveries the name of Britt, Richard C & Son T/A Shear Pleasure Keith Chavis Illegal Tax: LES on 1991 Ford $44.09 Smith file/MD/4-24-95 Escort HPJ1641 Anthony Jean Illegal Tax: LES on 1993 Veh. $74.55 Tata file/VA/No Ets. Tax Telerent Leasing Listed in error for Lessee: $26.31 Corp. 94. Lease terminated Deluxe Motel October 93. Lessee (TV's) Loc: purchased equipment RR9 Box 486F Ann Trudell Double listed building T/A Foto $10.23 on both business and Express r/e 0408-47-5531 (02) Wayne L Wampler Did not and never had 1984 Chevy $11.85 & Sue Harvey owned vehicle in Caprice question Ian G Wright, II Illegal Tax: LES on $34.96 file/OH/3-16-97 8. Copy of article from "Governing" magazine regarding city ratings. 9. Appearance Commission - minutes of July 25, 1995. 10. Parks and Recreation Advisory - minutes of June 26, 1995. 11. PWC - minutes of August 9, 1995. There being no further business the meeting was adjourned at 10 p.m. upon motion and second. REGULAR MEETING SEPTEMBER 18, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 18, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert Cogswell, Jr., City Attorney Louis Chalmers, Traffic Engineer Kai Nelson, Finance Director Ron Hansen, Chief of Police Duke Piner, Fire Chief Janet Jones, Deputy City Clerk Jason Brady, Public Information Officer Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Assistant Pastor L. R. Gibson, Mt. Sinai Baptist Church, followed by Boy Scout Troop 77, Snyder Memorial Baptist Church, leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins recognized Boy Scout Troop 77 of Snyder Memorial Baptist Church and Troop 747 of St. James Lutheran Church. Linda Kaiser of Liberty Point Chapter, National Society Daughters of American Revolution, presented the City with a World War II commemorative flag to be flown under the United States Flag until November 12, 1995. The flag is a symbol that the Chapter and therefore the City, are a World War II Commemorative Community as designated by the Department of Defense. Mayor Dawkins was presented with a pen. 1. APPROVAL OF AGENDA A. Approval of addition of Item No. 5 (Requires ¾ majority of Councilmember approval) Councilmember Bolton moved to add item 5. (purchase of Lafayette Hotel and Broadway Theater) to the agenda, seconded by Councilmember Cheek and carried by a vote of 7 to 2 with Councilmembers McBryde and Kendrick in opposition. B. Approval of remainder of agenda. City Attorney Robert C. Cogswell, Jr. added the names of the fire department employees requesting legal representation from Mr. Mike Williford. The employees are Rodrick B. McKeithan, Jr. and Arnold D. Page. Mr. Cogswell stated he had found both employees to acting within the course and scope of their employment. He also stated that at this time no fee had been set and he would recommend that the representation be approved with the stipulation that the City Manager finally approve the fee. Councilmember Bolton requested to be excused from both discussion and voting on item 9. due to a conflict of interest. Councilmember McBryde moved to approve the agenda with the addition of item 5. and to also excuse Councilmember Bolton from the discussion and voting on item 9., seconded by Councilmember Massey and carried unanimously 9 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Ross requested to pull item 2-E. for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of item 2-E., seconded by Councilmember McBryde and carried unanimously 9 to 0. The following agenda items were unanimously approved. A. Set public hearing for October 2, 1995, to consider revisions and amendments to the Fayetteville Code of Ordinances, Article VII, Section 32-57 Off-Street Parking by deleting subsection (6) and substituting the following: Medical Clinics and doctors' and dentists' offices. Six (6) spaces for each doctor, surgeon, dentist, psychologist, psychiatrist, chiropractor, physicians assistant, or physical therapist practicing at the clinic or office, and one space for each employee. (P95-102) B. Set public hearing for October 2, 1995, to consider revisions and amendments to the City of Fayetteville Code of Ordinances, Article IV, Section 32-30(12), C2 Central Business District, by deleting in its entirety and substituting an amendment allowing residential uses. (P95-105). C. Approve Municipal Agreement between City of Fayetteville and the N.C. DOT for railroad crossing signal improvements - Purdue Street and Aberdeen and Rockfish Railroad Crossing No. 847 206S. CERTIFIED COPY OF RESOLUTION WHEREAS, the Department of Transportation, an agency of the State of North Carolina, pursuant to the provisions of G.S. 136-18(12) proposes to contract with the Federal Highway Administration to obtain Federal-Aid funds for the improvements in the protective devices at certain highway-railway crossings on the Municipal Street System for which the Municipality is responsible; and WHEREAS, the Municipality will reimburse the Department of Transportation for any and all expenses incurred in the planning, design and installation of the protective devices incurred by the Department of Transportation, not reimbursed by the Federal Highway Administration; and WHEREAS, in order to carry out the aforesaid projects and to promote the public interest and general welfare of the Municipality, it is necessary for the Municipality to enter into a contract with the Department of Transportation to provide for the installation and maintenance of the protective devices at certain highway-railroad crossings on the Municipality Street System. NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor and the Clerk of the Municipality of Fayetteville are hereby formally authorized to enter into a contract with the Department of Transportation to obtain Federal-Aid highway funds necessary to improve the protective devices at the said grade crossing, for the Department of Transportation to perform certain work, and the Mayor and Clerk of the Municipality are hereby empowered to sign and execute the required agreement between the Municipality and the Department of Transportation. D. Adopt Special Revenue Project Ordinance Amendment Number 96-4 (Police - Controlled Substance Tax/Federal Forfeiture) This amendment appropriates proceeds from the North Carolina Controlled Substance Tax in the amount of $1,067. The funds, by General Assembly intent, are to be used exclusively for enhanced law enforcement activities. E. (Pulled for discussion) F. Adopt Special Revenue Project Ordinance Number 96-2 (Police - Juvenile Restitution FY 95-96) The State Division of Youth Services has awarded Cumberland County $45,168 for the Fayetteville Police Department's Juvenile Restitution program. The local match of $9,033 is being provided by the County. The funds will be used to effectively instruct youth in job/life skills which will help build self-confidence and improve communication skills. Other purposes include locating community job sites for juveniles who are court ordered to perform community service work. G. Adopt Special Revenue Project Ordinance Closeout Number 96-1 (Transit - NC 90.2131 - Planning Grant) This project was established in May 1992 to fund the Transit Department's planning activities. The grant resources have expired. H. Adopt ordinance amending Chapter 20, Traffic Schedule No. 11, Parking Prohibited, for an area on Mason and Union Streets. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 11-PARKING PROHIBITED MASON STREET AND UNION STREET). ORDINANCE NO. NS1995-027. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1995. I. Approve request for legal representation. Rodrick B. McKeithan, Jr. and Arnold D. Page are the employees receiving legal representation by Mike Williford, Attorney. J. Approve award of contract for construction of the Carvers Creek 15" Sanitary Sewer Outfall (Fairfield Farms) to Barnes Paving (Lumberton, NC), low bidder in the amount of $213,981.00. (PWC) Bids received were as follows: Barnes Paving (Lumberton, NC) $213,981.00 State Utility (Monroe, NC) $241,307.00 Wellons Construction (Fayetteville, NC) $279,339.00 T. A. Loving (Goldsboro, NC) $297,180.00 Dellinger, Inc. (Monroe, NC) $304,128.00 Triangle Paving Co. (Burlington, NC) $386,635.00 R. H. Moore (Murrells Inlet, SC) $388,776.00 K. Approve award of contract for construction of the Raeford Road/School Road to Cliffdale Road 16" and 24" water mains to State Utility Contractors (Monroe, NC), low bidder in the amount of $996,397.60.(PWC) Bids received were as follows: State Utility Construction(Monroe, NC) $996,397.60 Bryant Electric (High Point, NC) $1,080,128.00 Blue Construction (Sanford, NC) $1,121,216.50 Park Construction (New Hamshire) $1,128,728.00 Sanford Grading (Sanford, NC) $1,197,082.74 R. H. Moore (Murrells Inlet, SC) $1,225,986.00 Dellinger (Monroe, NC) $1,242,424.00 McClam & Associates (Little Mountain, SC) $1,292,967.00 T. A. Loving (Goldsboro, NC) $1,401,010.00 Triangle Paving (Burlington, NC) $1,541,619.90 2-E. Adopt Special Revenue Project Ordinance Amendment Number 96-5 (Police - Gang Intervention Grant) Councilmember Ross inquired as to whether this grant could be used to help find jobs for gang members. Police Chief, Ron Hansen explained that the funds could only be used to provide three officers to investigate gang activities. Councilmember Ross moved to approve, seconded by Councilmember Bolton and carried unanimously 9 to 0. This amendment appropriates an additional $8,814 awarded from the Governors' Crime Commission for the Gang Intervention Grant. The local match of $2,939 is available within the fiscal year 1995-96 Police department budget. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on Metromedical Drive from Village Drive to its end. City Traffic Engineer Louis Chalmers presented this item and recommended adoption. The public hearing was opened and closed at 7:19 p.m. There was no one present either in favor or opposition to this speed limit change. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL). ORDINANCES NO. NS1995-028. Councilmember Kendrick moved to approve the above ordinance, seconded by Councilmember McBryde and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1995. B. Consideration of the rezoning from R10 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at 896 Santee Drive and being all of Tract Two, the property of Neal K. Bullard as evidenced by deed recorded in Deed Book 4310, Pages 79-80, Cumberland County Registry.(P95-75) This item was presented by Frances Jackson, Planning Department. She stated that on August 1, 1995, the Planning Board voted to rezone the property to C3 Heavy Commercial District rather than the requested M2 Industrial District. This is the advertised public hearing for this matter. Mayor Dawkins opened the public hearing at 7:22 p.m. Mr. Jim Nance, attorney for the petitioners, appeared in favor of the rezoning. Mr. Nance gave a history of the property and stated that all his clients wanted was to be able to continue doing business as they had since 1962. Mr. Nance stated this process began when the property was annexed into the City and the Fire Department informed Mr. Bullard that they could not legally paint cars unless a separate paint shed was put on the property. Mr. Bullard proceeded to request a building permit which was denied. Mr. Bullard then proceeded to the Planning Board to request rezoning. The Planning Board suggested an M2 zone and Mr. Nance helped Mr. Bullard with the application. Mr. Nance explained that it does not now appear that the entire area of 12 acres will be needed. Instead 2 acres with a rezoning of P3 would allow the Bullard's to proceed as usual. Mr. L. A. Barner, Bonnie Doone Action Group, appeared in opposition to the rezoning. Mr. Warner explained that the initial request for the rezoning of 13 ½ acres to an M1 was strongly objected to by his organization. However, there are no objections to the second request to zone the 2 acres into a P3. Mr. Warner requested that the owners remove tires that were creating a drainage and mosquito problem. There being no one further to speak either in favor or opposition, the public hearing closed at 7:59 p.m. A discussion ensued regarding spot zoning. Mr. Cogswell stated that in his opinion rezoning would constitute an illegal spot zoning and gave the reason for his ruling. Since painting takes place on the premises, the owner needs to make certain changes within his building because of the fire code. This can be done within the existing structure, and would not be considered an expansion of a nonconforming use. The owner wants to do this in a separate building, yet to be constructed. A legal nonconforming use can not be expanded in this manner. This is the reason he cannot get a building permit. If the property is rezoned to C-3, this obstacle is overcome and the owner may build and operate a body shop. The salvage yard continues as a legal nonconforming use regardless of your decision on the rezoning. The request of the property owner at this point is for C3, and only for 2.08 acres in the southwest corner of the original 13.92 acres requested. Mayor Pro Tem Blackwell and Councilmember Ross expressed their concern that staff was not present to answer Council's questions regarding this matter. City Manager John Smith requested it go on record that he personally excused the Inspections Department staff from being present at this meeting. He explained that the Planning staff, the City Attorney, the Fire Department, and the Inspections Department had all met to consider this case prior to its presentation. Councilmember Cheek moved to delay action until more information can be given to City Council from the staff, seconded by Councilmember McBryde and carried by a vote of 7 to 2 with Councilmember Ross and Mayor Pro Tem Blackwell in opposition. This action will be set for the October 2, 1995, meeting. Mr. McBryde requested that at all future meetings some department staff representatives will be present to answer questions that Council may have. C. Consideration of the rezoning from R5 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at the southwest corner of the intersection of Adams Street and "B" Street and being the property of Clayton J. Britt and John W. Bullard as evidenced by deeds recorded in Deed Books 4250, Pages 192 and 280, Page 007, respectively, Cumberland County Registry. (P95-84) This item was presented by Frances Jackson, Planning Department. She informed Council that the Planning staff recommended denial, but the Planning Board recommended approval of this rezoning. This is the advertised public hearing set for this date. Mayor Dawkins opened the public at 7:55 p.m. Mr. Hosea M. Ray, 703 Cool Circle, Fayetteville, NC, appeared in favor of this item. Mr. Ray stated he was a property owner on B Street and was in favor of urban renewal or economic development in this area. There being no one else to appear either in favor or in opposition. The public hearing was closed at 7:58 p.m. Councilmember McBryde asked Mr. Cogswell if this was spot zoning. Mr. Cogswell reply was in the negative. Councilmember McBryde moved to approve the rezoning from R5 to C1, seconded by Mayor Pro Tem Blackwell. A discussion ensued regarding the types of business that would be allowed in a C1 zone. Concern was expressed by several Councilmembers regarding the effect this would have on the other three corners. Councilmember Torrey asked what the Planning staff recommended. Ms. Jackson repeated that they recommended denial of the request. Mayor Dawkins called for a vote. The motion was denied by a vote of 7 to 2 with Councilmember McBryde and Mayor Pro Tem Blackwell voting in favor. D. Consideration of an application by Venesta W. White 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 home for the care of children in an R6 Residential District for an area located at 603 Monagan Street and being the property of Venesta Whitted Smith as evidenced by deed recorded in Deed Book 3651, Page 717, Cumberland County Registry. (P95-85). This item was presented by Frances Jackson, Planning Department. She informed the Council that the Planning Board recommended approval of the request, but the Planning staff recommended denial of the request based on the following: 1. Because of the location of the parking area and the number of children cared for, the use does not fit in with the character of the area; and 2. The use is detrimental to the surrounding neighborhood. This is the advertised public hearing on this item. There being no one present to speak either in favor or opposition the public hearing was opened and closed at 8:05 p.m. Councilmember McBryde moved to deny the request, seconded by Councilmember Kendrick. A discussion ensued regarding the parking area and the possible reduction of a number of children in the day care center. Venesta Whitted Smith was sworn in, in order to answer questions from the Council. Councilmember Torrey offered an amendment to the original motion that the owner lower her number of children to 20 as a condition of approval. Mr. McBryde stated that his motion was based on the 20 children capacity as set out in the agenda packet. Mayor Dawkins called for a vote and the motion to deny carried by a vote of 7 to 2 with Councilmembers Torrey and Ross in opposition. Councilmember Cheek addressed the issue of posting signs for zoning matters. She requested that additional signs be made and posted on all zoning cases to include Special Use Permits. 4. Consideration of amendments to Chapter 32, Zoning, to expand the list of health care providers permitted as an incidental use in residential and professional zones. City Attorney Robert C. Cogswell, Jr. presented this amendment which had been requested by Councilmember Robertson. Mr. Cogswell stated the only action that can be taken by the Council would be to forward the amendment to the Planning Board for their consideration. Mayor Pro Tem Blackwell moved to forward the amendment to Chapter 32 of the Fayetteville City Code of Ordinances to the Planning Board for their consideration, seconded by Councilmember Cheek and carried unanimously 9 to 0. 5. Consideration of request from Councilmember Tommy Bolton to reconsider the purchase of Lafayette Hotel and Broadway Theater properties. (Requesting to appear: Herb Thorp and John Hedgepeth) Mr. Herb Thorp appeared in behalf of Northwood Temple Church and Branch Bank and Trust Company. He gave a history of the property and requested Council to reimburse the church and BB&T for all out of-the-pocket expenses as follows: 1. Northwood Temple $88,500 2. BB&T $22,500 An in depth discussion followed regarding the reimbursement of these funds. Mayor Pro Tem Blackwell stated the City Council must lead downtown development. Councilmember Cheek spoke in favor, but requested that an environmental review of the property be a part of the package. Councilmember McBryde stated that he did not think the City needed the property. Councilmember Bolton moved to purchase the property subject to a Phase One Environmental Review, seconded by Councilmember Cheek and carried by a vote of 6 to 3 with Councilmembers McBryde, Robertson and Kendrick in opposition. 6. Consideration of request to address City Council from David Swain and John M. Tyson, General Partners of Airpark Associates. Mr. John M. Tyson, General Partner in Airpark Associates, addressed the Council. He stated that for ten years he had been working for this project to be implemented, and he felt the Council should follow through with this project because it would enhance the community and be in tune with the Thoroughfare Plan for this area. Mr. David Swain, General Partner in Airpark Associates, addressed the Council also. Mr. Swain expressed that his major concern was that the new road be built because it would be instrumental in the community's ability to attract new businesses and to enhance all citizens access to the airport. City Manager John Smith addressed the Council. He explained that (1) due to reservations both he and the staff have had about the design of the new road connector project, (2) the fact the stop light at 301 will not be removed, (3) the uncertainty of future airport funds; and (4) the critical needs of the general aviation area, he recommended that there be a redefinition of the priority needs for the use of airport capital funds provided by the FAA. Mr. Smith stated the North Carolina Department of Transportation had indicated it would be appropriate to use highway funds for the purpose of enhancing access to the airport. As a result of this conversation a survey of the road has been authorized by DOT. Mr. Smith stated these recommendations had been presented to the Airport Commission and they had voted to change their number one priority to the improvement of the general aviation area. He further stated that future capital funds of the Airport would have to be allocated to complete the cost of $2.5 million because all that has been set aside at this time was $1.8 million. An extensive question and answer period followed with Councilmember Kendrick stating that the land donation by Mr. Tyson and Mr. Swain should be addressed at a later date. There was discussion on the time factor involved in making this recommendation, future funding, and the condition of the general aviation area. Mayor Dawkins informed Council that no action was required at this time. 7. Consideration of adoption of Revised Cross Connection Ordinance. This item was presented by PWC staff members Mr. Mick Noland and Mr. Chad Ham. They recommended adoption of the ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING NEW ARTICLE IV (CROSS CONNECTION CONTROL). ORDINANCE NO. S1995-016. Councilmember Bolton moved to adopt the ordinance, seconded by Councilmember Kendrick and carried by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1995. 8. Consideration of purchase of fire apparatus from the City of High Point: This item was presented by City Manager John Smith. A. Adopt resolution approving purchase. RESOLUTION OF THE CITY COUNCIL THE CITY OF FAYETTEVILLE AUTHORIZING THE PURCHASE OF TWO EACH QUINT FIRE TRUCKS FROM THE CITY OF HIGH POINT. RESOLUTION NO. R1995-063. B. Authorize City Manager, Deputy City Manager and Finance Director to execute certain contracts with GE Capital Public Finance, Inc., for the Lease Purchase of two fire apparatus. C. Adopt Budget Ordinance Amendment Change 96-4 (Fire Apparatus) 1995-96 Budget Ordinance Amendment Change 96-4 The following revised amounts are hereby appropriated for the operations of the City Government for the fiscal year July 1, 1995 into June 30, 1996, according to the following schedules: Item Listed As Revision Revised Amount Schedule A: General Fund Fire/Emergency Mgmt $ 584,000 $784,442 $ 1,368,442 All Other Expenditures $51,118,695 $ 0 $51,118,695 Total General Fund Expen. $51,702,695 $784,442 $52,487,137 Councilmember Bolton moved to approve items A., B. and C., seconded by Councilmember McBryde and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1995. 9. Consideration of the following financial matters regarding the Police Administration Building: Mayor Dawkins reminded Council that Councilmember Bolton had been excused from voting on this item. A. Adopt resolution authorizing the filing of an application for approval of a financing agreement authorized by North Carolina General Statute 160A-20. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember McBryde. City Manager, John Smith, addressed Council and told them this action was the next step in the process of building the Police Administration Building. The process would include issuing the certificates and refinancing City Hall which would result in a savings in debt service of $400,000 totally or approximately $30,000 annually. The certificates are scheduled to be sold in December of 1995. Councilmember Cheek asked for figures on the cost of the project. Mr. Smith provided the Council with the following information: Police Department Building Budget Construction: Building $5,476,050 Parking structure $774,095 Special wiring $75,000 $ 6,325,145 Site acquisition and development Acquisition/clearance $1,936,175 Lighting and landscaping $285,080 Paved parking $129,220 Security fence and gate $117,300 Arch, ornaments, clock, arcade $146,990 $ 2,614,765 Other costs Design $450,000 Insurance and bonds $68,805 $ 518,805 $ 9,458,715 Contingencies (3%) $ 313,761 $ 9,772,476 Use of Funds Police Station Land purchase and construction $ 9,772,476 Debt service and cap. interest reserves $ 1,667,790 Cost of issuance $ 335,042 $11,775,308 Refunding Deposit to 1989 escrow $ 6,449,781 Debt service reserve $ 653,500 Cost of issuance $ 141,800 $ 7,245,081 $19,020,389 Combined Construction fund interest ($ 414,191) Current debt reserves ($ 743,203) Misc. $ 167,005 Par Amount Of Bonds $18,030,000 A discussion ensued regarding the increase in the cost of the projects, the financing process, cost of the financing process, the debt service program, and the effect on taxpayers. Mr. Smith informed Council that the 4 cent tax increase they had previously approved would cover all debts in the issue of the GO Bonds plus the cost of the Police Administration Building. Councilmember McBryde asked Councilmember Kendrick to withdraw his motion and give the Council a week to clarify their questions on this matter. It was decided the item would be included on the September 25, 1995, Information meeting agenda. No action was taken on this item. B. Set public hearing for October 2, 1995, to consider comments on the proposed financing agreement. Councilmember McBryde moved to set a public hearing for October 2, 1995, seconded by Mayor Pro Tem Blackwell and carried by a vote of 8 to 0 with Councilmember Bolton abstaining. 10. Consideration of cancellation of October 16, 1995, City Council meeting due to North Carolina League of Municipalities Conference. Councilmember McBryde moved to cancel the October 16, 1995, City Council meeting, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. 11. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. Councilmember Cheek made a motion that letters be written to all local architectural firms requesting volunteers for this vacancy, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. B. Nominations to fill one vacancy on Storm Water Advisory Board. Councilmember McBryde moved to elect Dave Averette to the Storm Water Advisory Board for a one-year term, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. C. Appointment to Human Relations Commission. Councilmember McBryde moved to appoint Master Sergeant James G. Adcox as ex-officio member and Captain Dennis T. Campbell as an alternate, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. D. Election of nominees for Joint Senior Citizens Advisory Commission. Councilmembers voted on the three nominees for the Joint Senior Citizens Advisory Commission. Eloise Lindsey was elected for a second two-year term. Mr. Nat Robertson, Sr. was elected for his first two-year term. INFORMATION ITEMS: 1. Report on attendance at Seabrook Pool. (Requested by Council at September 5, 1995, meeting. 2. Official confirmation for location of NCLM Convention in Fayetteville, 2000. 3. Statement of taxes collected for the month of August, 1995, from the Cumberland County Tax Collector. 4. Police Department - Professional Standards monthly report for August, 1995. 5. Redevelopment Commission - minutes of August 9, 1995. 6. Human Relations Commission - minutes of August 10, 1995. 7. Planning Board - Monthly report for August, 1995, of subdivisions and site development plans processed under the new review procedure. (Inserted in packet) Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously 9 to 0. The meeting adjourned at 10:00 p.m. INFORMATION MEETING SEPTEMBER 25, 1995 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 25, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1) - (arrived at 7:13 p.m.); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Robert Cogswell, Jr., City Attorney Kai Nelson, Finance Director Ron Hansen, Chief of Police Janet Jones, Deputy City Clerk Jason Brady, Public Information Officer Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Councilmember Thelbert Torrey, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Councilmember Massey moved to excuse Councilmember Bolton until he arrived, seconded by Councilmember Ross and carried unanimously by a vote of members present 8 to 0 with Councilmember Bolton absent. 1. APPROVAL OF AGENDA Councilmember Robertson moved to approve the agenda, seconded by Councilmember Cheek and carried by a vote of 8 to 0 with Councilmember Bolton absent. 2. CONSENT: Councilmember Robertson moved to approve the consent agenda, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Bolton absent. A. Approve minutes of regular meeting of September 5, 1995. B. Approve Supplemental Agreement No. 5 between City of Fayetteville and Wilbur Smith Associates for bidding/construction services for new General Aviation Area. C. Set public hearing for October 23, 1995, to consider the following street closings: 1. Closing of Pittman Street from Hay Street to Franklin Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE PITTMAN STREET. RESOLUTION NO. R1995-064. 2. Closing an alley between the former Wheeler Alignment and the former Hunter Brothers' buildings. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE ALLEY (BETWEEN BROWN PROPERTY AND HUNTER BROTHERS). RESOLUTION NO. R1995-065. 3. Closing a street running easterly off Winslow Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE STREET (OFF OF WINSLOW STREET). RESOLUTION NO. R1995-066. Copies of the foregoing resolutions can be found in the City Clerk's office in Resolution Book R1995. D. Approve Lease Agreement between City of Fayetteville and Cumberland County for bus shelter located at Department of Social Services on Hay Street. 3. Consideration of the following Airport matters: This item was presented by City Manager John Smith. He recommended approval. A. Adopt resolution accepting a grant offer from the Federal Aviation Administration and authorizing the Mayor to execute the grant agreement. RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT. RESOLUTION NO. R1995-067. Councilmember Cheek moved to approve, seconded by Councilmember Kendrick and carried by a vote of 8 to 0 with Councilmember Bolton absent. A copy of the foregoing resolution can be found in the City Clerk's office in Resolutions Book R1995. B. Adopt Capital Project Ordinance 96-2 (Airport AIP-17-Construction of New General Aviation Area) This project is to fund the construction and development of a new general aviation area. The following revenues are anticipated to be available to the city to complete the project. The Federal Aviation Administration $1,844,907.00 North Carolina Department of Transportation $ 102,494.00 Local match - Airport Operating $ 102,494.00 $2,049,895.00 Councilmember McBryde moved to approve, seconded by Councilmember Kendrick and carried by a vote of 8 to 0 with Councilmember Bolton absent. C. Award of construction contract for new general aviation area at Fayetteville Regional Airport in the amount of $1,834,682.00. Councilmember McBryde moved to award the contract, seconded by Councilmember Kendrick. Councilmember Robertson offered a friendly amendment to the motion. He moved that the Airport Commission place the new road project as their number one priority and that City Manager John Smith meet and discuss with the North Carolina Department of Transportation the feasibility of the Department of Transportation building and financing the new road project, rather than the improvements being planned for the current Airport road. Councilmember McBryde did not accept the friendly amendment. Mayor Dawkins asked Mr. Cogswell for clarification as to whether Mr. Bolton can vote on this issue due to his late arrival. Mr. Cogswell stated that if this were a public hearing he could not vote, but that he could vote on a non-public hearing item. Mayor Dawkins called for a vote and the motion to grant the contract carried by a vote of 9 to 0 in favor. Councilmember Robertson moved to have the Airport Commission place the new road project as their number two priority and that City Manager John Smith meet and discuss with the North Carolina Department of Transportation the feasibility of the Department of Transportation building and financing the new road project rather than the currently approved improvements to the current Airport road, seconded by Councilmember Massey with a reminder that whatever project was chosen, it should be named in honor of former Councilmember Joe Pillow. Discussion ensued with Councilmembers Cheek, Kendrick, and Mayor Pro Tem Blackwell expressing their opposition. The vote was called for and the motion was denied with Councilmembers Robertson, Ross and Massey voting in favor. 4. Consideration of adoption of a resolution authorizing the filing of an application for approval of a financing agreement authorized by North Carolina General Statute 160A-20. City Manager John Smith presented this item. He explained in detail the financial aspects of this issue of bonds for the refinancing of City Hall and the new Police facility. He informed Council that the funds which have been set aside are adequate for the debt services for this issue of bonds. The refinancing of City Hall would save approximately $28,000 to $30,000 annually without extending the current terms which end in the year 2009. Mr. Smith reminded Council that the local Government Commission strictly controls these procedures. A discussion was held with the Councilmembers expressing their concerns about the increase in the cost of the project and the impact it would have on the citizens of Fayetteville. Mayor Pro Tem Blackwell moved to delay action on the financial resolution until a meeting can be held with the architectural firm by Council and/or staff for the purpose of looking at the design for cost cutting measures, seconded by Councilmember Cheek. Further discussion was held with the consensus that serious consideration must be given for the definite need for a Police Station, the City's long range plans and strategies, the financial aspect of a delay, and the lowering of cost on this project. Mayor Dawkins called for a vote. The motion carried by a vote of 8 to 0, with Councilmember Bolton abstaining. Councilmember Kendrick inquired about the status of the public hearing which had been set for October 2, 1995. Mr. Cogswell advised that the Council should go ahead with the public hearing as scheduled leaving it open for any further action that might be required. 5. Performance evaluations - City Manager and City Attorney Mayor Pro Tem Blackwell moved to go into closed session for the evaluations of City Manager John Smith and City Attorney Robert C. Cogswell, seconded by Councilmember Ross and carried by a vote of 8 to 1, with Councilmember Robertson in opposition. The Council entered closed session for the purpose of personnel evaluations at 8:00 p.m. and returned at 9:50 p.m. The meeting resumed. Mayor Pro Tem Blackwell moved to raise Mr. Smith's salary by $2,000.00 which would increase his annual salary from $90,000.00 to $92,000.00 and Mr. Cogswell would receive an increase of $1,700.00 which would increase his annual salary from $77,145.000 to $78,845.00. This would be approximately a 2.2 percent increase for each position. INFORMATION ITEMS: 1. Historic Resources Commission - agenda for September 26, and minutes of June 27 and July 25, 1995. 2. Public Works Commission - minutes of August 23, 1995. 3. Airport Commission - minutes of August 29, 1995. There being no further business Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Cheek, carried by a vote of 9 to 0. The meeting adjourned at 9:55 p.m. REGULAR MEETING OCTOBER 2, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER OCTOBER 2, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Robert Cogswell, Jr., City Attorney Kai Nelson, Finance Director Pete Piner, Fire Chief Janet Jones, Deputy City Clerk Jason Brady, Public Information Officer George Vaughan, Planning Department Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Rev. J. Ernest Johnson, Pastor of Highland Presbyterian Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins read a proclamation declaring the week of October 15 through 21, 1995, as CHARACTER COUNTS! IN THE CITY OF FAYETTEVILLE WEEK. 1. APPROVAL OF AGENDA City Attorney Robert C. Cogswell, Jr. requested to make an addition to item 2-I. He stated Mr. James L. Bryson, a former employee, had requested legal representation. Mr. Bryson was within the course and scope of his employment and Mr. Cogswell recommended Council authorize the City Attorney's Office to represent Mr. Vinson. Councilmember McBryde moved to approve the agenda, seconded by Mayor Pro Tem Blackwell and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember McBryde moved to approve the consent agenda with the exception of item 2-G., which Mr. Torrey requested be pulled. After a second from Councilmember Bolton the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of September 18, 1995. B. Approve minutes of information meeting of September 25, 1995. C. Adopt ordinance amending Chapter 20, Traffic Schedule No. 18, Fire Lane, for Tallywood Shopping Center. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 18-FIRE LANE, TALLYWOOD SHOPPING CENTER). ORDINANCE NO. NS1995-019. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. D. Set public hearing for November 6, 1995, to consider speed limit reduction on Wayne Lane from Village Drive to Madison Avenue. E. Approve proclamation designating October as the Disability Awareness and Employment month. (Joint proclamation between City of Fayetteville and Cumberland County) F. Adopt resolution fixing a date for a public hearing for a petition-initiated contiguous annexation area. (Property of Brolanco Corp., located on north side of Ramsey Street - to be developed as "Fairfield Farm Subdivision - Section 1". (Suggested public hearing date: November 6, 1995) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) (FAIRFIELD FARM, SECTION 1). RESOLUTION NO. R1995-068. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. G. (Pulled for discussion) H. Approve award of contract for construction of Raeford Road/Bingham Drive 24" water main and Bailey Lake Road 12" water main to Blue Construction Company (Sanford, NC) low bidder in the amount of $1,212,687.00. (PWC) Bids received were as follows: Blue Construction Company (Sanford, NC) $1,212,687.00 State Utility (Monroe, NC) $1,242,574.90 Sanford Grading (Sanford, NC) $1,245,228.36 Bryant Electric (High Point, NC) $1,374,337.30 Yates Construction (Stokesdale, NC) $1,408,990.20 T. A. Loving (Goldsboro, NC) $1,516,860.00 R. H. Moore (Murrells Inlet, SC) $1,562,470.00 Hobby Construction $1,650,548.00 Triangle Paving (Burlington, NC) $1,697,264.00 Dellinger, Inc. (Monroe, NC) $2,239,745.00 I. Approve request for legal representation. James L. Bryson was approved to be represented by the City Attorney's Office. 2-G. Set public hearing for November 6, 1995, to consider public transit routes. Councilmember Torrey inquired about the routes being considered. Councilmember Torrey moved to set the public hearing, seconded by Councilmember Cheek and carried unanimously 9 to 0. Councilmember Cheek requested that all routes with descriptions be publicized prior to the public hearing on November 6, 1995. 3. PUBLIC HEARINGS: A. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at the southwest corner of the intersection of Morganton Road and Murray Fork Drive and being the property of Lagrange Waterworks, Inc.(P95-92) Planning Director George Vaughan presented this item. He stated the Planning Board recommended approval while the Planning staff recommended denial. There being no one present to speak either in favor or opposition, the public hearing opened and closed at 7:15 p.m. Councilmember Kendrick asked if this would be spot zoning and Mr. Cogswell replied in the negative. Councilmember Kendrick moved to approve the rezoning, seconded by Councilmember Bolton and carried by a vote of 5 to 4 with Councilmembers Cheek, Blackwell, Massey and Robertson in opposition. City Attorney Robert Cogswell stated that this vote would require a second reading. B. Consideration of the rezoning from C1P Shopping Center District to R5 Residential District or to a more restrictive zoning classification for an area located on the north side of Eastwood Avenue, east of Ramsey Street (U.S. 401 North) and being a portion of the property of J.J. Barnes. (P95-99) Planning Director George Vaughan presented this item. He informed Council the Planning Board recommended approval of the rezoning and the Planning staff recommended a rezoning to an R6, which would be 10 units per acre. The public hearing opened at 7:20 p.m. Appearing in favor of the rezoning were Mr. Clinton Harris, 4713 Watauga Road; Mr. Les Manns, Manns Real Estate; Mr. F. Stuart Clarke, Attorney, 119 N. Cool Spring Street, Fayetteville, NC; and Mr. Charles C. Cotton, 6516 N. Dorchester Place, Fayetteville, NC. Appearing in opposition to the rezoning was Charles Vincent Mangum, 2916 Iveystone Court, Fayetteville, NC; Chuck Stafford, 2916 Iveystone Court, Fayetteville, NC; Christine M. Schwacke, 310 Nettletree Lane, Fayetteville, NC; Wendy Ryan, 541 Abbottswood Drive, Fayetteville, NC; Russell Ryan, 541 Abbottswood, Fayetteville, NC; Daniel J. Plourd, 525 Stoneway Court, Fayetteville, NC. Ms. Schwacke presented the Council petitions with 155 property owners' signatures in opposition to this rezoning. There being no one further to speak either in favor or opposition the public hearing closed at 8:53 p.m. After a lengthy discussion, Councilmember Ross moved to approve the rezoning to R5, seconded by Councilmember Torrey and carried unanimously by a vote of 9 to 0. C. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Article VII, Section 32.57 Off-Street Parking by deleting Subsection (6) and substituting the following: Medical clinics and doctors' and dentists' offices. Six (6) spaces for each doctor, surgeon, dentist, psychologist, psychiatrist, chiropractor, physicians assistant, or physical therapist practicing at the clinic or office, and one space for each employee. (P95-102) This item was presented by City Attorney Robert C. Cogswell, Jr. Mr. Cogswell recommended the adoption of the Attachment 2 Ordinance. There being no one present to either speak in favor or opposition, the public hearing opened and closed at 8:10 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING § 32-57. OFF-STREET PARKING FOR HEALTH CARE PROVIDERS, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1995-017. Councilmember Kendrick moved to approve the ordinance (Attachment 2), seconded by Councilmember Bolton and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1995. D. Consideration of revisions and amendments to the City of Fayetteville Code of Ordinances, Article IV, Section 32-30(12), Zoning, C2 Central Business District, by deleting in its entirety and substituting an amendment simplifying the process for approval of residential uses. (P95-105) Planning Director George Vaughan presented this item. The public hearing opened at 8:15 p.m. Robin Legg, Executive Director of the Olde Fayetteville Association, Inc., appeared in favor of the ordinance change. She stated this would make it easier to relocate residents in the downtown area. There being no one else to appear either in favor or opposition the public hearing closed at 8:17 p.m. Councilmember McBryde moved to approve the ordinance change, seconded by Councilmember Ross. A question and answer period ensued. City Manager John Smith recommended that paragraph d. regarding the off-street parking requirement be deleted from the ordinance because it is an unenforceable provision. The City is currently providing stickers which enable downtown residents to park in city owned parking lots. Councilmembers McBryde and Ross amended their motion to include the deletion of paragraph d. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 32-309(12) OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1995-018. Mayor Dawkins called for the vote. It carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1995. E. Consideration of public input on proposed financing agreement authorized by North Carolina General Statute 160A-2 for the Police Administration Building. City Manager John Smith presented this item. He advised Council of their options as to conducting the public hearing. After a discussion, Council decided to proceed with the public hearing. Councilmember McBryde moved to excuse Councilmember Bolton from discussion and voting on this item, seconded by Mayor Pro Tem Blackwell and carried unanimously 8 to 0 with Councilmember Bolton abstaining. The public hearing opened at 8:40 p.m. Mr. John Lampros, President of Olde Fayetteville Association, Inc., appeared in favor of the building of the Police Administration Building and encouraged Council to move forward. No one else appeared in favor. Mr. William J. Gothard, 224 Hillside Avenue, Fayetteville, NC, appeared in opposition. Mr. Gothard stated he was not in opposition to the new facility but was opposed to the method and manner in which the project has been planned and presented to the Councilmembers and the citizens of Fayetteville. He suggested the Council employ an independent, professional cost-account manager and become actively involved in the work authorization process. Mr. Gothard also suggested a scale down of the consolidated police facility and an expansion of neighborhood substations. There was no one further to speak in opposition. Councilmember Cheek moved to continue the public hearing until November 6, 1995, with the purpose of showing Council's united support of this project and their goal to do the project in the most cost-efficient manner, seconded by Mayor Pro Tem Blackwell and carried by a vote 8 to 0 with Councilmember Bolton abstaining. Mayor Pro Tem Blackwell asked Kai Nelson, Finance Director, for clarification of the City's funding and interest earning procedures. Mr. Nelson gave a brief response. Mayor Pro Tem Blackwell informed Council that he had met with the architects and felt it would be beneficial for everyone to do the same. City Manager John Smith informed the Council the architects would be at the October 23, 1995, meeting to answer questions. 4. Consideration of the rezoning from R10 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at 896 Santee drive and being all of Tract Two, the property of Neal K. Bullard. (P95-75) (Public hearing held and closed on September 18, 1995.) This item was continued from the September 18, 1995, City Council meeting. Frank Simpson, Inspections Director, stated there had been a misunderstanding as to whether a new building needed to be constructed or whether the building could be brought up to standards. He stated in his opinion the current building could be brought up to standards. Mr. Cogswell restated his legal opinion that the rezoning would be illegal spot zoning. He reviewed the four factors the North Carolina Supreme Court had set out as the determinate for illegal spot zoning. Attorney Jim Nance expressed his legal opinion that this would not be illegal spot zoning. A discussion was held with Councilmembers expressing their views and concerns. Fire Chief Pete Piner informed Council the owners must conform with the North Carolina Fire Code which was currently being enforced within the City Limits of the City of Fayetteville. Councilmember McBryde asked Mr. Cogswell if the Council had the power to change the Land Use Plan. Mr. Cogswell responded that the plan could be changed by the Council. Mr. McBryde asked for the procedure to do this. Mr. Cogswell responded that the Council would have to ask the Planning Board to conduct a land use study of the area. He also stated that the owners had another alternative in that they could apply for a variance from the Board of Adjustment. Councilmember McBryde moved to continue the action for 60 days, seconded by Councilmember Bolton and carried by a vote of 6 to 3 with Councilmembers Robertson, Massey and Blackwell in opposition. Councilmember McBryde moved to ask the Planning Board to do a land use study of this area, seconded by Councilmember Bolton and carried unanimously 9 to 0. 5. Consideration of designation of voting delegate and alternate voting delegate for 1995 Annual League Business Meeting, Monday, October 16, 1995, NCLM Convention, Durham. Councilmember Bolton moved to designate Mayor J. L. Dawkins as the voting delegate for the 1995 Annual League Business Meeting, seconded by Councilmember McBryde and carried by a vote of 8 to 1 with Councilmember Kendrick in opposition. Councilmember Bolton moved to designate Councilmember Torrey as the alternate voting delegate, seconded by Councilmember Kendrick and carried unanimously 9 to 0. 6. APPOINTMENTS: A. Appearance Commission - nominations to fill one vacancy. Councilmember Cheek nominated Gordon Johnson of Shuller-Ferris Associates Architects for a two-year term in the architect category. B. Historic Resources Commission - nominations to fill four vacancies. Councilmember McBryde nominated the following for a second two-year term: 1. Ronn Babin - category 1 - license/registered architect 2. Katie Forshee - category 2 - historic preservationist or cultural/social historian 3. Daniel M. Hicks - category 6 - at large C. Parks and Recreation Advisory Commission - nominations to fill eight vacancies. Councilmember Kendrick nominated the following for a second year term: 1. Bill Carver 2. Dorothy Fielder 3. Michael Moore 4. Elizabeth Passacantando The following were nominated for a first term of two years: 1. Linda Miller (nominated by Councilmember Massey) 2. Jeffrey Addison (nominated by Mayor Pro Tem Blackwell) 3. Jim Hankins (nominated by Mayor Pro Tem Blackwell) 4. Greg Edge (nominated by Councilmember Robertson) Benay Cathey requested not to be reappointed and Annie Chavis, Malcolm Fields, and Isaiah (Ike) Walker, Sr. were not eligible for reappointment to another term. D. Wrecker Review Board - nominations to fill six vacancies. Councilmember Kendrick nominated Donnie Egan for Chairman for a first full term. The appointment would be for two years. INFORMATION ITEMS: 1. Copy of letter to Local Government Commission regarding financing agreement on Police Admin Building. 2. Annexation - copy of letter to Hunter Smith, Sr., regarding Judson Baptist Church. 3. Appearance Commission - minutes of August 22, 1995. 4. Recreation and Parks Advisory Commission - minutes of August 28, 1995. 5. Redevelopment Commission - minutes of September 13, 1995. 6. FACVB - minutes of July 13, August 10 and September 8, 1995. 7. PWC - minutes of September 13, 1995. Councilmember Cheek reported that the Appearance Commission and the Committee formed by the Chamber of Commerce had held their first joint meeting on the Sign Ordinance Project. Councilmember Cheek encouraged the public to participate in all of the future meetings. Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. The meeting adjourned at 9:31 p.m. INFORMATION MEETING OCTOBER 23, 1995 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER OCTOBER 23, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, Deputy City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director George Vaughan, Planning Department Ron Hansen, Chief of Police Pete Piner, Fire Chief Kai Nelson, Finance Director Craig Hampton, Administration Director Joe Boyd, Information Systems Director Steve Blanchard, PWC Manager Louis Chalmers, Traffic Engineer Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Councilmember Nat Robertson, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Councilmember Torrey gave a report on the North Carolina League of Municipality meeting held in Durham, North Carolina, from October 15, 1995, to October 17, 1995. Mayor Dawkins expressed his concern on interbasin transfers into and from the Cape Fear River basin by the cities of Cary and Apex. He stated that the flow of the Cape Fear River is critical to the future growth of all communities within the basin and especially the Fayetteville urban area. Mayor Dawkins announced his intention to appoint a Mayor's Special Task Force to address the interbasin transfer issue. He asked for volunteers from the Council and for their input as to any other appointees to be placed on this task force. Councilmember Robertson asked to be excused from the meeting at 7:25 p.m. due to a conflict in his schedule. 1. APPROVAL OF AGENDA Mayor Pro Tem Blackwell requested to add an item to the agenda regarding a 1 percent discount for city taxes. Mayor Dawkins added this as item 11. Councilmember Bolton moved to approve the agenda with the addition of item 11., seconded by Councilmember Robertson and carried unanimously 9 to 0. 2. PUBLIC HEARINGS: A. Consideration of adoption of resolution closing Pittman Street from Hay Street to Franklin Street. City Manager John Smith presented this item. He recommended that the public hearing be held as advertised, but that no action be taken on this item until a decision has been made on the Police Administration Building. There being no one present to speak either in favor or opposition, the public hearing opened and closed at 7:06 p.m. No action was taken by the Council. B. Consideration of adoption of resolution closing an alley between the former Wheeler Alignment and the former Hunter Brothers buildings. The public hearing opened and closed at 7:07 p.m. There was no one present to speak either in favor or opposition to this closing. RESOLUTION AND ORDER CLOSING ALLEY. RESOLUTION NO. R1995-069. Councilmember McBryde moved to adopt the resolution, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. C. Consideration of adoption of resolution closing a street running easterly off Winslow Street. The public hearing opened and closed at 7:08 p.m. There was no one present to speak either in favor or opposition to this closing. RESOLUTION AND ORDER CLOSING STREET. RESOLUTION NO. R1995-070. Councilmember Bolton moved to adopt the resolution, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. D. Consideration of Special Use Permit for placement of temporary, freestanding campaign thermometers by United Way of Cumberland County. There was no one present to speak either in favor or opposition to this item. The public hearing opened and closed at 7:09 p.m. Councilmember McBryde moved to approve the Special Use Permit, seconded by Councilmember Bolton and carried unanimously 9 to 0. 3. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at the southwest corner of the intersection of Morganton Road and Murray Fork Drive and being the property of Lagrange Waterworks, Inc.(P95-92)(Second Reading) This is a second reading. The previous vote was held on October 2, 1995, and carried in favor of the rezoning by a vote of 5 to 4. No discussion was held on this item. Mayor Dawkins called for the second vote. The rezoning carried by a vote of 8 to 1 with Councilmember Cheek in opposition. 4. Consideration of award of contract for renovation and modifications to the 12MG Clearwell located at Hoffer Water Plant to Sigma Construction Company, Inc in the amount of $1,237,500.00. (PWC) Bids received were as follows: Sigma Construction Co.(Fayetteville, NC) $1,237,500.00 Cran & Denbo (Durham, NC) $1,253,730.00 Crowder Construction (Morrisville, NC) $1,298,500.00 Structural Preservations (Baltimore, MD) $1,367,251.00 Councilmember Bolton moved to award the contract to Sigma Construction Company, Inc., seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. 5. Consideration of acceptance of election returns for the Primary Election for Council District #5 and the At Large Category from the Cumberland County Board of Elections. The following election returns were submitted for approval: CUMBERLAND COUNTY 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 Thursday, October 12, 1995, and after canvassing the original returns of the Chief of Judges and Judges of Elections of the votes cast in the Municipal Primary for City Council District #5 and At-Large of the City of Fayetteville, NC held on October 10, 1995, we do hereby certify that the following are true and correct totals of votes cast for the following candidates in said returns: CANDIDATES VOTES RECEIVED FOR CITY COUNCIL DISTRICT #5 Suzan Cheek 598 William J. Gothard 289 Don Talbot 321 AT LARGE J. Breeden Blackwell 2,559 Thomas C. (Chris) Dempster 1,981 Samuel L. Evans 617 Mark N. Lynch 1,069 Rufus Marshall, Jr. 685 Frank Milo McBryde 2,079 Ben Watson 1,838 Roy Whitmire 1,333 We, therefore, certify that we have judicially determined that the votes received for candidates for City Council resulted in the nomination of the following candidates to appear on the ballot on November 7, 1995: FOR CITY COUNCIL DISTRICT #5 Suzan Cheek Don Talbot AT LARGE J. Breeden Blackwell Thomas C. (Chris) Dempster Mark N. Lynch Frank Milo McBryde Ben Watson Roy Whitmire Given under our hand and seal this 12th day of October 1995. CUMBERLAND COUNTY BOARD OF ELECTIONS Councilmember Bolton moved to accept the election returns, seconded by Councilmember Robertson and carried unanimously 9 to 0. 6. Consideration of transfer of property to Habitat for Humanity. City Manager John Smith presented this item. He recommended the approval of the transfer of Lot 5, Habitat Village, Phase I and Lot 33, Habitat Village, Phase II to the Fayetteville Area Habitat for Humanity, Inc. A discussion ensued regarding possible problems which might result because of the properties' location in the flood zone. Mr. Smith and Robert C. Cogswell, Jr., City Attorney, informed Council that the deeds would be drawn up to reflect that the City of Fayetteville will not be liable or responsible for any future flooding or drainage damages. Councilmember Torrey expressed his opposition to this transfer. Councilmember Bolton moved to approve the transfer, seconded by Councilmember Kendrick and carried by a vote of 7 to 2 with Councilmembers Cheek and Torrey in opposition. Councilmember Ross moved to excuse Councilmember Robertson from the remainder of the meeting, seconded by Councilmember Cheek and carried by a vote 8 to 0. 7. Presentation of plans for Police Administration Building by MacMillan-Ellinwood Design Associates. Councilmember Torrey moved to excuse Councilmember Bolton from both discussion and voting on this item, seconded by Councilmember Ross and carried by a vote of 7 to 0 with Councilmember Robertson absent and Councilmember Bolton abstaining. City Manager John Smith presented this item. He introduced Mr. MacMillan who presented the following review of the projected construction cost of the Police Administration Building. COST ESTIMATE - based on estimate prepared 18 January, 1995, by M€EDA Base Bid: Main Building *$5,800,000.00 Excluding Parking Structure $5,500,000.00* Parking Structure $ 775,000.00 Site Development $ 305,000.00* Alternates $ 426,400.00 Total Project: $7,006,400.00 ALTERNATIVES: Should any of the Alternates as described in the specifications be rejected, the amounts described below shall be deducted from the Total Project Amount: ALT G-1 A Arcade Elements Canopy $ 35,000.00 ALT G-1 B Entry Pavilion Canopy $ 49,000.00 ALT G-1 C Clock Tower $ 65,000.00 ALT G-2 Tire Stops $ 3,300.00 ALT G-3 Pneumatic Tube $ 7,600.00 ALT G-4 Helicopter pad, roof walkway, metal stair $ 40,000.00 ALT G-5 Landscaping, brick pavers, concrete $226,500.00 Alternates Subtotal: $426,400.00 City Manager John Smith reviewed the financing process and presented options which could be used when bids have been received and accepted. A discussion ensued regarding the alternates listed above and the possible deletion of the public / connection area of the new Administration building. City Manager John Smith recommended that the bid procedure proceed in order that a true cost could be determined for the project. Mayor Pro Tem Blackwell moved to proceed with the bids on the Police Administration building, seconded by Councilmember McBryde and carried by a vote of 7 to 0 with Councilmember Robertson absent and Councilmember Bolton abstaining. 8. Presentation of Transportation Improvement Program Update for Fiscal Year 1997-2003. Louis Chalmers, Traffic Engineer, presented this item. He covered the following areas: 1. TIP Process 2. Existing TIP Projects 3. Status of 1994 Project Request 4. Congestion Management Program 5. Recommendations A discussion was held but no action was taken. 9. Presentation of 800 MHz Radio System. City Manager John Smith presented this item. He reviewed the lengthy process involved in the decision to purchase this system. Mr. Smith stated that a consultant had been hired and the City had established a team of personnel to design the process to allow competitive bidding for this system. The team and the consultant worked together. Mr. Smith and the staff team recommended the contract be awarded to Motorola, the lowest bidder meeting all the specifications and performance requirements. He further clarified that the dollar amount of the bid had been calculated by taking the base bid plus a deduct option giving credit for consoles that would be reused. This made Motorola the lowest bidder. Mr. Smith stated that $3.5 million had been set aside for this purchase and the award to Motorola, the lowest bidder, was in the amount of $3,151,225.00. Bids were submitted as follows: Motorola C. & E., Inc. $3,151,225.00 Ericsson, Inc. $3,307,619.76 Robert C. Cogswell, Jr., City Attorney, requested that Mayor Pro Tem Blackwell be excused from both discussion and voting on this item due to the fact that his son is currently dating a daughter of a person who is a service provider to one of the bidders. Councilmember Massey moved to excuse Mayor Pro Tem Blackwell, seconded by Councilmember Ross and carried by a vote of 7 to 0 with Mayor Pro Tem Blackwell abstaining and Councilmember Robertson absent. A discussion ensued with Councilmember Torrey expressing his opposition to awarding the contract at this time. Councilmember Bolton moved to award the contract to Motorola, seconded by Councilmember McBryde. Councilmembers Cheek and Massey expressed their opposition to taking action on this item at this time. Mayor Dawkins called for the vote which carried by a vote of 5 to 2 with Councilmembers Massey and Torrey in opposition, Councilmember Blackwell abstaining and Councilmember Robertson absent. 10. Consideration of setting date for City Council Goal Setting Session. (Suggested dates: December 8&9, or December 15&16). Mayor Pro Tem Blackwell moved to set the City Council Goal Setting Session for December 8 and 9, 1995, seconded by Councilmember Bolton and carried 8 to 0 with Councilmember Robertson absent. 11. City Property Tax Discount. Mayor Pro Tem Blackwell asked that this item be set for the November 6, 1995, meeting. Councilmember Bolton asked to be excused from the November 6, 1995, meeting. Councilmember Cheek moved to excuse Councilmember Bolton, seconded by Mayor Pro Tem Blackwell and carried 7 to 0 with Councilmember Bolton abstaining and Councilmember Robertson absent. INFORMATION ITEMS: 1. Copy of letter regarding Water and Sewer Workshop at PWC on October 30, 1995, 5:30 p.m. 2. Report on flooding issues. 3. Copy of letter to Mrs. Eva Nichols concerning paving of Haigh Street. 4. Inspections Department - report on activity from January through August 31, 1995, per request from Councilmember Kendrick. 5. Report on status of Eufaula Street Relocation Project. 6. Letter from PWC Manager regarding City employee participation in American Heart Walk. 7. Report of 1995 Tax Levy for the City from the Cumberland County Tax Collector. 8. Statement of taxes collected for the month of September 1995, from the Cumberland County Tax Collector. 9. Report of tax refunds less than $100. Taxpayer's Name Nature of Clerical Property Amount Error Description Wood Group Computer Equipment figure Business Pers. $6.90 (The) T/A Nutri for 1989 was reported as Prop. Computer System Weight $7,600 in error, should be Equipment Loss Center $1,600 Stidwell, Samuel III Illegal Tax: LES on File/ $33.84 IL 8-20-94 Software City Per the audit overstated Business Pers. $23.28 Fayettteville T/A Machinery and equipment Prop. Machinery Software City figures. Value should be and Equipment $18,246 Thomas M. Shea Too much square footage Lot 92 Hillendale $79.07 & Nora Roxanne charged - area over garage Sec 3, 3635 unfinished Thorndike Road Overend, Christian Illegal Tax: LES on File/ 1991 Jeep $51.71 Timothy FL 11-12-96 Comanche #FSA6389 Nicas, Peter & Duplicate billing due to 1994 Nissan $66.76 Terry Lynn issuance of personalized Pickup plate. See LR: 6760306-11(94) for correct billing Ladik, John Walter Illegal Tax: LES on File for 1990 Geo Tracker $25.00 & Tanni Gronbech John W. /WI 11-23-97 ENV8748 Charles Taylor Zoning error (C1P) should Lot 1 Will Plat $82.83 Huggins have been R6. Refund to be E. G. Howell sub applied to outstanding 2413-007 (1.10) taxes due!! Burk, Calvin Clifford Illegal Tax: LES on File/ 1993 Chevy $64.03 NY/4-14-98 #FNT9246 Borth, Stephen Lee Illegal Tax: LES on File/ 1993 Saturn $36.92 & Kathleen MO/8-27-94 #FRN3541 Elhardt, Heidi Louise Illegal Tax: LES on File/ 1993 Vehicle Tax $14.46 WA/11-11-96 Bill 10. Police Department - Professional Standards monthly report for September, 1995. 11. Joint Planning Board - minutes of September 5 and September 19, 1995. 12. Board of Adjustment - minutes of September 20, 1995. 13. PWC - minutes of September 26, 1995. 14. Human Relations Commission - minutes of September 14, 1995. 15. Historic Resources Commission - agenda for October 24, and minutes of September 26, 1995. There being no further business, Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Councilmember Robertson absent. The meeting adjourned at 10:26 p.m. REGULAR MEETING NOVEMBER 6, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 6, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Tommy Bolton (District 1) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Karen Musgrave, Assistant City Attorney Janet Jones, Deputy City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Louis Chalmers, Traffic Engineer Kai Nelson, Finance Director Craig Hampton, Administration Director David Nash, Annexation Studies Coordinator Frances Jackson, Planning Board Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by COL Jessie Saddler, Command Chaplin, 1st Corps Support Command (COSCOM), Fort Bragg, North Carolina, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins expressed his condolences to the country of Israel and the local Jewish community for the assassination of Mr. Rabin. RECOGNITION: Members of Steel Magnolias Club Mayor Dawkins introduced Linda Miller of Steel Magnolias Club. This six-weeks program for 5th, 6th, and 7th grade girls explores, promotes, and affirms healthy mother-daughter relationships. Mayor Dawkins announced that Councilmember Bolton had been excused from this meeting at the September 23, 1995, City Council meeting. 1. APPROVAL OF AGENDA City Manager John Smith stated there was a typo in item 2.M. The word should be "nine" not "none". He also stated that City Attorney Robert Cogswell requested that item 5. be postponed until a later date. Councilmember McBryde moved to approve the agenda with the correction to item 2. M. and the deletion of item 5., seconded by Councilmember Massey, and carried unanimously 8 to 0 with Councilmember Bolton absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Cheek requested to pull item 2.S. and Councilmember Torrey requested to pull items 2.H. and 2.I. Councilmember Robertson moved to approve the consent agenda with the exceptions of 2.H., 2.I., and 2.S. After a second from Mayor Pro Tem Blackwell, the consent agenda and following items were unanimously approved: A. Approve minutes of regular meeting of October 2, 1995. B. Approve minutes of information meeting of October 23, 1995. C. Approve tax refunds over $100. Ned Barton House demolished by Lots 74 & 76 pt 72 $147.41 City of Fayetteville 6-90 Atkinson prop. 1718 Long Street Bailey, Gregory Scott Illegal Tax: LES on File 1990 Ford Escort, $130.79 & Mary Houston IL/no ETS 1967 and 1990 Ford Mustang Blue Ridge Propane Overstated amount per Business Mach. & $143.93 Gas Co. amended statement Equipment E & J Churns Inc Situs Loc. of business Business Pers. $298.30 1-1-94, RR 7 Box 170 B, Property Mach. & Fayetteville, per letter on Equipment file Fayetteville Per the audit, overstated Business Personal $153.75 Ambulatory Surgery mach. & equipment Property Ltd figures. Value should be $1,730,025 for 1994 Graham Battery Co Inc Per the audit, overstated Business pers. $131.70 mach. & equipment figures Property Mach. & equipment H J C Rentals 1968 24x60 Mobile Home Business Pers. $407.48 was double listed to real Property 1968 estate parcel #0418-46-8553 24x60 Mobile Home Highland Press Inc Per the audit, overstated Business pers. $1,140.36 mach. & equipment figures Property mach. equipment Parrous, Peter N Adjust taxable value per T/A Parrous & Co, $146.42 amended listing Business Pers. Property WEL FI Corporation Per the audit, overstated Business pers. $1,541.30 T/A Photo Center Ltd mach. & equipment figures Property machinery & equipment 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 (Proposed Taco Bell site - property of Taylor Foods Associates - located on southern side of Owen Drive, west of Wendy's Restaurant). 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. R1995-O71. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. E. Adopt resolution confirming assessment roll and levying assessments for 211, 213 and 215 Dallas Street, property of Thomas A. Price and wife, Marilyn D. Price. (Continued from August 7, 1995, meeting). RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR 211, 213, AND 215 DALLAS STREET. RESOLUTION NO. 1995-072. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. F. Adopt Capital Project Ordinance Amendment 96-2 (CAP 92-4 Parking Improvements). This amendment recognizes additional revenue available for parking/demolition improvements in the downtown area. The additional revenues available for this project originated from the Central Business District Fund's prior year fund balance ($110,555) and transfers from the General Fund ($95,357) related to unexpended funds in Inspection's code enforcement account. G. Adopt Capital Project Ordinance Closeout 96-1 (CPO 94-2 AIP 14) This project was established in September 1993 for funding the installation of an airfield signage system, land acquisition for airport development, and construction of canopies. This project is complete and all revenues have been received. The project resources and uses have been audited by Cherry, Bekaert & Holland and are recommended for closure. H. (Pulled for discussion) I. (Pulled for discussion) J. Adopt Special Revenue Fund Project Ordinance Closeout 96-2 (SRO 92-4 UPARR Grant) This project was established in June 1992 for funding an Urban Park and Recreation Recovery program Innovation project. This project is complete and all revenues have been received. The project resources and uses have been audited by Cherry, Bekaert & Holland and are recommended for closure. K. Adopt Special Revenue Project Ordinance Number 96-3 (Police-GHSP) This amendment appropriates $4,275 awarded by the Governor's Highway Safety Program to purchase 750 Traffic Cones to be used in Police Department checkpoints, (i.e. DWI or seatbelt enforcement checkpoints). No match is required. L. Approve award of contract for purchase of nine 1200 Amp, 25kV GOAB Switches with left hand operating mechanism to Power Supply (Matthews, NC), low bidder in the amount of $36,738.00. (PWC) Bids received were as follows: Power Supply (Matthews, NC) $36,738.00 Rigby Electric (Rocky Mount, NC) $36,891.00 M. Approve award of contract for purchase of nine 1200 Amp, 25kV GOAB Switches with right hand operating mechanism to Power Supply, (Matthews, NC), low bidder in the amount of $36,792.00. (PWC) Bids received were as follows: Power Supply (Matthews, NC) $36,792.00 Rigby Electric (Rocky Mount, NC) $36,891.00 N. Approve award of contract for construction of North Fayetteville Force Main to Bryant Electric, (High Point, NC) low bidder in the amount of $511,426.60. (PWC) Bids received were as follows: Bryant Electric $511,426.60 State Utility $558,095.60 Sanford Grading $562,931.72 Yates Construction $593,424.60 J. F. Wilkerson $596,572.57 T. A. Loving $637,850.00 Billings & Garrett $673,543.70 R. H. Moore, Co., Inc. $791,979.50 Triangle Paving $824,955.00 O. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on the south side of Oates Drive, east of Ramsey Street (US 401 North) and being the property of John Campbell Builders, Inc. (P95-112) P. Approve the rezoning from R15 Residential District to R10 Residential District or to a more restrictive zoning classification for an area located at the northwest corner of the intersection of Timberlake Drive and Evanston Street and being the property of Ann M. Welch. (P95-119) Q. Adopt technical revisions to ordinances relating to speed limit on 401 Bypass recognizing changes in City limit lines. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL SKIBO ROAD-US 401 BYPASS). ORDINANCE NO. NS1995-030. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL PAMELEE DRIVE-US 401 BYPASS). ORDINANCE NO. NS1995-031. Copies of the foregoing ordinances are on file in the clerk's office in Ordinance Book NS1995. R. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, Traffic Schedule No. 17, Restricted Parking, for Councilmember parking on Pittman Street on days of City Council meetings. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 17-RESTRICTED PARKING PITTMAN STREET). ORDINANCE NO. NS1995-032. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. S. (Pulled for discussion) T. Set public hearing for November 20, 1995, to consider the establishment of the number of Certificates of Convenience and Necessity for taxicabs operating within the City of Fayetteville. 2.H. Adopt Capital Project Ordinance Closeout 96-2 (CPO 94-1 Amtrak Improvements). This project was established in July 1993 for funding improvements to the AMTRAK Railway Station. The project has been completed. The project resources and uses have been audited by Cherry, Bekaert & Holland and are recommended for closure. Councilmember Torrey moved to approve the adoption of the ordinance, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Bolton absent. 2.I. Adopt Capital Project Ordinance Closeout 96-3 (CAP 7 Market Square Beautification). This project was established in June 1982 for the beautification of the Market Square. This particular phase of work has been completed. The project resources and uses have been audited by Cherry, Bekaert & Holland and are recommended for closure. Councilmember Torrey asked whether this project has been completed, with City Manager John Smith replying in the affirmative. Councilmember Torrey moved to adopt the ordinance, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Bolton absent. 2.S. Adopt resolution authorizing condemnation of Harbor Road right-of-way Parcel W-7. Councilmember Cheek requested to have this item as a regular item at the November 20, 1995, meeting. She also requested that staff provide more information on these acquisitions of right-of-way. Councilmember Cheek moved to continue this item to November 20, 1995, seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember Bolton absent. 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on Wayne Lane from Village Drive to Madison Avenue This item was presented by City Traffic Engineer Louis Chalmers. There was no one present to speak either in favor or opposition to this item. 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 NO. 8-SPEED CONTROL WAYNE LANE). ORDINANCE NO. NS1995-033. Councilmember McBryde moved to adopt the foregoing ordinance, seconded by Mayor Pro Tem Blackwell and carried unanimously 8 to 0 with Councilmember Bolton absent. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-initiated contiguous annexation area) - Fairfield Farm, Section 1 - Property of Brolanco Corp., located on western side of Ramsey Street, across from Greystone Farm) This item was presented by Deputy City Manager Roger Stancil. Mr. Stancil stated this annexation would be effective as of approval. Councilmember Torrey inquired as to whether there would be an impact problem. Mr. Stancil replied that they probably would have to either add a new fire station or enlarge station no. 7. This is the advertised public hearing. The public hearing opened at 7:19 p.m. Mr. Dohn Broadwell, 110 Lamb Street, Fayetteville, NC 28305, appeared in favor of the annexation. No one appeared in opposition. The public hearing closed at 7:20 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (FAIRFIELD FARM, SECTION 1). ANNEXATION ORDINANCE NO. 95-11-407. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Bolton absent. A copy of the foregoing ordinance is on file in the clerk's office in Annexation Ordinance Book 1995. C. Consideration of public transit routes. This item was presented by Mr. Jerome Brown, Transit Director. He made a slide presentation of the proposed public transit routes. This is the advertised public hearing. The public hearing opened at 7:32 p.m. Mrs. Michelle Sloan and Mr. James D. Sloan, 3916 Dees Street, Fayetteville, North Carolina 28306, appeared and expressed their support for the ADA van. Both Mr. and Mrs. Sloan use this van daily and express their desire that Council support the use of this van. Mrs. Joyce McKenzie-Forbes, 3008 D Hickory Hills Apartments, Fayetteville, North Carolina, expressed her support for bus service in the Hickory Hills area. Mr. Matthew M. Smith, Jr., 3101 Hyman Place, also appeared in favor of the proposed routes. There was no one present to speak in opposition. The public hearing closed at 7:45 p.m. Councilmember McBryde moved to adopt the public transit routes, seconded by Mayor Pro Tem Blackwell and carried unanimously 8 to 0 with Councilmember Bolton absent. D. Consideration of public input on proposed financing agreement authorized by North Carolina General Statute 160A-2 for the Police Administration Building. (Continued from October 2, 1995) City Manager John Smith presented this item. He recommended that this item be continued by the Council and no action be taken. This is the advertised public hearing which was continued from October 2, 1995. There was no one present to speak either in favor or opposition to this item. The public hearing open and closed at 7:50 p.m. 4. Consideration of the rezoning from R6 Residential District to M1 Industrial District or to a more restrictive zoning classification for an area located on the west side of Southern Avenue, north of Owen Drive and being the property of S.J. and Patsy H. Cameron. (95-107) This item was presented by Planning Board staff member Frances Jackson. Councilmember McBryde moved to hold a public hearing at the second meeting in December, 1995, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Bolton absent. 5. Consideration of request to address City Council from Pete Poulos, Trio Cafe. This item was deleted from the agenda per City Attorney Robert C. Cogswell, Jr.'s. request. 6. Consideration of adoption of property tax discount schedule. This item was presented by City Manager John Smith. He recommended that the Council follow Cumberland County's decision to grant a discount for city taxes. A discussion ensued. Mayor Pro Tem Blackwell moved to have the staff contact the county to determine what cost would be involved for the city and to draft the appropriate documents for offering a 2% discount for early payment of city taxes, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Bolton absent. 7. Approve award of contracts for construction of eight structures at the PWC Complex as follows: (PWC) Mr. James Rose from PWC presented this item. He informed Council the bidding process had been completed on eight structures for the PWC complex to include a 6,100 square foot water meter shop; a 4,500 square foot addition to the fleet maintenance facility; two buildings of 6,300 square feet each for small tool and equipment storage; two vehicle sheds of 18,000 square feet and 6,100 square feet for protection of their first line trucks; and 2,000 square foot shed for apparatus repair shop. The objective of combining these bids was to minimize the cost per square foot and that cost was approximately $55 per square foot. Councilmember Robertson moved to award the contracts, seconded by Councilmember Ross. A discussion ensued with Mayor Pro Tem Blackwell expressing his concern about whether the car wash facility had been considered from the aspect of contracting for outside services. Mr. Rose explained that this had been given consideration but due to the size of PWC's vehicles it was not feasible. Mayor Dawkins called for the vote which carried unanimously 8 to 0 with Councilmember Bolton absent. The following contracts were awared: A. General Contractor: Ellis Walkers Builders, Inc, Fayetteville, NC, in the amount of $2,336,100.00 Bids received were as follows: Ellis Walkers Builders, Inc. (Fay., NC) $2,336,100.00 F. N. Thompson-Turner (Morrisville, NC) $2,381,228.00 Single Prime (Morrisville, NC) $3,020,567.00 B. Plumbing: Haire Plumbing Co, Fayetteville, in the amount of $246,954.00. Bids received were as follows: Haire Plumbing Company (Fayetteville, NC) $246,954.00 J. J. Barnes Company (Fayetteville, NC) $339,938.00 Town and Country Plumbing (Fayetteville, NC) $259,100.00 C. Mechanical:Tem-Per-Ture Control, Lumberton, NC, in the amount of $62,000.00. Bids received were as follows: Term-Per-Ture Control (Lumberton, NC) $62,000.00 Atkins Electric Co. (Hope Mills, NC) $63,367.00 Bass Air Conditioning (Fayetteville, NC) $62,850.00 T. R. Driscoll (Lumberton, NC) $69,100.00 D. Electrical: Allman Electric Co., Fayetteville, in the amount of $197,000.00. Bids received were as follows: Allman Electric Co. (Fayetteville, NC) $197,000.00 Atkins Electric Co. (Hope Mills, NC) $240,126.00 E. B. Davis Electric Company (Lumberton, NC) $219,600.00 M & R Electric Company (Fayetteville, NC) $270,700.00 T. & H. Electrical Co. (Wilson, NC) $224,837.00 Watson Electrical Co. (Fayetteville, NC) $235,000.00 8. Consideration of private street acceptance in Stonebridge: City Manager John Smith presented this item. He informed Council he had no problem with the 60 day extension for the right-of-way dedication. A. Consideration of sixty day extension for right-of-way dedication. Councilmember Kendrick moved to approve the extension, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Bolton absent. B. Consideration of approval and acceptance of streets in Section 6 and Section 7, Part 1. Councilmember McBryde moved to approve, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Bolton absent. 9. Consideration of offer to purchase property located on McDuffie Street, west of Eastern Boulevard from National Realty Sales Corporation This item was presented by City Manager John Smith. He recommended the authorization of the advertisement. Councilmember McBryde moved to authorize the advertisement, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Bolton absent. 10. Consideration of rejection of bids for the following: City Manager John Smith presented these items. He recommended the bids be rejected on both Item A. and B. because the bids came in at twice the amount that had been estimated for the cost. A. Custom fire rescue trucks. Councilmember McBryde moved to reject the bids, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Bolton absent. Bids received were as follows: Central States Fire Apparatus $229,504.00 Southern Coach, Inc. $230,142.00 C. W. Williams & Co., Inc. $232,280.00 Emergency Vehicles, Inc. $233,800.00 TRIAD Fire, Inc. $243,576.00 KME Fire Apparatus by: Slagle Fire Equipment Co. $258,822.00 Emergency Apparatus, Inc. $274,544.00 B. Mobile Data Terminals. Councilmember McBryde moved to reject these bids, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Bolton absent. Bids received were as follows: Coded Communications $1,076,192.00 ElectroCom Communicaions Systems L.P. $1,111,180.00 Motorola Communications & Electronics, Inc. $ 675,115.00 11. Consideration of revisions to building rental fees. This item was presented by Mr. Robert Barefoot. He stated the Parks and Recreation Advisory Commission met on September 25, 1995, and voted unanimously to recommend that organizations that wish to reserve a building facility for three months or more at a time be charged one-half of that daily rent rate. To be granted this rate, fees must be paid three months in advance and a $200.00 building deposit applied per existing policy. Building deposit may be refunded at the end of use or one year per proper use and care of the building. Councilmember Robertson moved to approve the recommendation, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Bolton absent. 12. APPOINTMENTS: A. Election of nominee to fill one vacancy on Appearance Commission. Councilmember Kendrick moved to appoint Mr. Gordon Johnson to the architect category for a two-year term which expires December 1996, seconded by Mayor Pro Tem Blackwell and carried unanimously 8 to 0 with Councilmember Bolton absent. B. Nominations to fill three vacancies on Fair Housing Hearing Board. The following nominations were made for a second term: 1. Neil V. Davis, Attorney Category 2. L. D. Jones, Real Estate Category 3. Page Saunders, At-Large Category C. Election of nominee and nominations to fill four vacancies on Historic Resources Commission. Councilmember Cheek requested to move Mr. Dan Hicks from the at-large nomination to the Building/Designer or Land Use Professional position. Mr. Ronn Babin was unanimously appointed to category 1 - License/Registered Architect, and Mr. Dan Hicks was elected unanimously to category 4 - Builder/Designer or Land Use Professional. Councilmember Massey moved to withdraw the nomination of Katie Forshee, seconded by Councilmember Torrey and carried unanimously 8 to 0 with Councilmember Bolton absent. This leaves two vacancies; category 2 - Historic Preservationalist or Culture/Social Historian and category 6 - At-large. D. Appointment of alternate to Human Relations Commission. Councilmember Kendrick nominated Major Larry Barrett, as an alternate member to the commission representing Fort Bragg Military, seconded by Mayor Pro Tem Blackwell and carried unanimously 8 to 0 with Councilmember Bolton absent. E. Nominations to fill one vacancy on Joint Senior Citizens Advisory Commission. Councilmember Kendrick nominated Jerome T. Scott for the vacancy on this commission, seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember Bolton absent. F. Election of nominees to fill eight vacancies on Parks and Recreation Advisory Commission. Councilmember McBryde moved to elect all eight nominations, seconded by Mayor Pro Tem Blackwell and carried unanimously 8 to 0 with Councilmember Bolton absent. The following appointments were made: Second term: Bill Carver, Dorothy Fielder, Michael Moore, Elizabeth Passacantando First term: Jim Hankins, Jeffrey Addison, Linda Miller, Greg Edge G. Election of nominee to Wrecker Review Board. Councilmember Kendrick moved to appoint Donnie Egan for a first term as Chairman, seconded by Councilmember Torrey and carried unanimously 8 to 0 with Councilmember Bolton absent. Mr. Egan was appointed January 17, 1995, to fill in a term which expired October 31, 1995. 13. ADMINISTRATIVE REPORTS: A. Report on TCC recommendations. Councilmember Cheek inquired about the status of the input Council has regarding this matter. Mr. Stancil stated that the Council has no input from this point on except through Councilmember Kendrick and Mayor Dawkins. Councilmember Cheek requested to state for the record that project number 10, the widening of Cliffdale Road from McPherson Church Road to Morganton Road and the question of buses were her priorities. INFORMATION ITEMS: 1. Response to Councilmember Cheek's request for comments made at public meetings on transportation improvements. 2. Statement of taxes collected for the month of October, 1995, from the Cumberland County Tax Collector. 1995 Taxes $673,612.45 1995 Vehicle Taxes $158,331.77 1995 FVT $18,970.00 1995 Storm Water $58,771.13 1994 Taxes $24,961.51 1994 Vehicle Taxes $21,713.43 1994 FVT $2,835.00 1993 Taxes $4,983.22 1993 Vehicle Taxes $1,014.43 1993 FVT $162.72 1992 Taxes $3,140.30 1992 FVT $80.49 1991 & Prior Real & Personal Taxes $5,751.94 1991 FVT $15.44 Total Interest $8,405.07 __________________________________________________________ Total Collections $982,748.90 3. Report of tax refunds less than $100. FDR Enterprises, Per the audit overstated Business Personal $35.90 Inc., T/A (The) machinery and equipment Property Cellar figures. Value should be Machinery & $25,760 only Equipment Gaster, James C. Per the audit overstated Business Personal $4.09 T/A Phone Center machinery and equipment Property figures. Value should be Machinery & $9,200 Equipment Georgevitch, Illegal tax: Military Non- 1986 VW Vanagon $28.07 Gregory Walter Resident. LES on file for Plate #FNT8439 Gregory. ETS 07-26-96 FL Lee, William Yau Illegal tax: Military Non- 1984 BMW NC # $50.35 Resident. LES on file No Motorad ETS/CITY ATTORNEY 1985 Moto NC # Lario Richard, Steve Illegal tax: Military Non- $25.23 Anthony Resident. LES on file ETS 10-17-94 FL 4. Report on Village Drive/Roxie Avenue area per request from Councilmember Kendrick. 5. Report on Country Club North Area Community Information meeting. 6. Report on Woodlands and Huntington Park areas per request from Councilmember Cheek. 7. Report on Franklin Common Parking Lot Operations. 8. PWC - minutes of October 11, 1995. 9. Recreation and Parks Advisory Commission - minutes of September 25, 1995. 10. Airport Commission - minutes of September 26, 1995. 11. Blue Ribbon Panel on Air Service - minutes of September 21, 1995. There being no further business Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Bolton absent. The meeting adjourned at 8:42 p.m. REGULAR MEETING NOVEMBER 20, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 20, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, City Attorney Karen Musgrave, Assistant City Attorney Janet Jones, Deputy City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Louis Chalmers, Traffic Engineer Kai Nelson, Finance Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Rev. Thomas C. Leak, Smith Temple Church of God in Christ, Fayetteville, North Carolina, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins informed Council that Vincent Shields, a former City Council Member, had passed away. He congratulated the incumbent City Councilmembers Mr. Thomas C. "Chris" Dempster and Mr. James M. "Jim" Smith on their recent election to City Council. 1. APPROVAL OF AGENDA City Manager John Smith requested to add item 16. F., vacancies on the Personnel Review Board. City Attorney, Robert C. Cogswell, Jr., informed Council that Mr. John Somerindyke had requested legal representation. Mr. Cogswell stated that Mr. Somerindyke was within the scope and course of his employment and he recommended that Mr. Talmadge Baggett, Attorney, be hired at a rate of $100 per hour out of court and $150 per hour in court. Councilmember Bolton moved to approve the agenda with the additions to item 16.F. and item 2.G., seconded by Councilmember Kendrick and carried unanimously 9 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda. Councilmember Bolton moved to approve the consent agenda, seconded by Councilmember McBryde and carried unanimously 9 to 0. A. Approve minutes of regular meeting of November 6, 1995. B. Adopt resolution approving sale of property located on McDuffie Street, west of Eastern Boulevard from National Realty Sales Corporation. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1995-073. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. C. Set public hearing for December 18, 1995, to consider the closing of an alley running westerly off Anderson Street within the First Baptist Church property. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE AN ALLEY RUNNING WESTERLY OFF ANDERSON STREET. RESOLUTION NO. R1995-074. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. D. Adopt Budget Ordinance Amendment 96-5 (Local Matches for Various AIP Projects). The FAA has notified the City that a portion of the general aviation construction project relating to vehicle parking is ineligible for federal participation. The estimated construction costs are approximately $32,291. The Airport is seeking to substitute State participation in the project. Since the State participates at a lower rate of reimbursement (50% versus FAA's 90%) the Airport will be required to provide an additional $15,146 to the general aviation construction project. Additionally, $13,653 is required to fully match all AIP projects currently "on the books." Finally, if City Council approves the acquisition of the Vick property, an additional $26,090 in Airport local match is required. The majority of the $26,090 will be reimbursed to the Airport when federal entitlement funds are available. These three items total $55,889. The funds are available from the Airport's retained earnings. E. Adopt Capital Project Ordinance Amendment 96-3 (GA Construction - Parking). As mentioned above, FAA will not participate in the parking improvements to serve the new GA improvements. This project ordinance reflects the projected costs of the parking area ($32,291) and recognizes State and local participation at 50% each. F. Adopt Special Revenue Project Ordinance Number 96-4 (Police - GHSP Video Cameras). This ordinance appropriates $23,750 awarded by the Governor's Highway Safety Program to purchase five in-car video cameras to be used in the Police Department's impaired driving enforcement. No match is required. G. Adopt Special Revenue Project Ordinance Amendment Number 96-6 (Police - Forfeiture Funds). This amendment appropriated proceeds from the North Carolina Controlled Substance Tax in the amount of $5,202. This amendment also appropriates $3,045 from Federal Forfeiture funds. Pursuant to previously established practice, the funds are being set up in a contingency account for specific disbursement control subject to the approval of the City Manager. The funds, by General Assembly intent, are to be used exclusively for enhanced law enforcement activities. H. Approve award of contract for construction of Locks Creek (NC24) Lift Station:(PWC) 1. Part I - Lift Station - Bryant Electric (High Point, NC) low bid in the amount of $401,000.00. Bids received were as follows: Bidder Lift Station Bryant Electric (High Point, NC) $401,000.00 Dellinger, Inc. (Monroe, NC) $431,147.00 Hall Contracting Corp. (Charlotte, NC) $449,000.00 T. A. Loving (Goldsboro, NC) $475,000.00 Crowder Construction (Morrisville, NC) $612,500.00 State Utility (Monroe, NC) $655,800.00 2. Part II -.Electrical - Bobby Townsend Electric (Lumberton, NC) low bid in the amount of $153,000.00. Bids received were as follows: Bidder Electrical Bobby Townsend Electric (Lumberton, NC) $153,000.00 L. J.'s Electric Co. (Elm City, NC) $155,500.00 The following combined bids were received: Bidder Combined Dellinger, Inc. (Monroe, NC) $603,757.00 State Utility (Monroe, NC) $705,800.00 Crowder Construction (Morrisville, NC) $771,380.00 I. Approve award of contract for construction of the Locks Creek (NC24) Gravity Sewer and force Main to ES&J Enterprises (Autryville, NC), low bidder in the amount of $617,760.00. (PWC) Bids received were as follows: ES&J Enterprises (Autryville, NC) $617,760.00 Bryant Electric (High Point, NC) $679,428.80 Triangle Paving (Burlington, NC) $733,401.75 J. F. Wilkerson (Morrisville, NC) $779,061.70 Yates Construction (Stokesdale, NC) $784,010.20 R. H. Moore (Murrells Inlet, SC) $852,997.00 State Utility (Monroe, NC) $998,572.20 J. Approve request for legal representation. Mr. Talmadge Baggett, Attorney, was approved to represent Mr. John Somerindyke at a rate of $100 per hour out of court and $150 per hour in court. 3. PUBLIC HEARINGS: A. Consideration of establishment of the number of Certificates of Convenience and Necessity for taxicabs operating within the City of Fayetteville. Mr. Jerome Brown, Chairman of the Taxicab Review Board, presented this item. He stated the Board was charged with the responsibility of making recommendations to the Council for the numbers of Certificates of Convenience and Necessity that were needed. Mr. Brown recommended the number of certificates stay at the current number of 110. However, he told Council a trend was developing and there has been a reduction in taxicab use. If this trend continues and he believed that next year the number of certificates would be reduced. This is the advertised public hearing. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 7:10 p.m. Councilmember Bolton moved to approve the 110 Certificates of Convenience and Necessity, seconded by Councilmember McBryde. Councilmember Torrey inquired about the number of companies represented in the study and Councilmember Ross inquired about the current trend of reduced usage. Mayor Pro Tem Blackwell inquired about the procedures used when a cab driver is charged with a drug violation. He stated there had been five incidences in the last year and he wanted to know which companies where involved. Mr. Jerome Brown stated he was unaware of the five charges and no suspension of a driver for a drug violation had been overturned by the Taxi Cab Review Board. The Review Board only reviews appeals to a suspension. If there is no appeal there is no review. Mayor Pro Tem Blackwell requested staff to check the arrest reports plus the disposition of the charges and come back to Council with the results. Mr. Blackwell further stated he did not think a company should be licensed if there is a pattern of drug violations. Mayor Dawkins called for the vote on the motion. The motion was approved by a vote of 7 to 2 with Councilmember Robertson and Mayor Pro Tem Blackwell in opposition. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Proposed Taco Bell site - property of Taylor Foods Associates - located on southern side of Owen Drive, west of Wendy's Restaurant). This item was presented by Deputy City Manager Roger Stancil. This is the advertised public hearing. The public hearing opened at 7:25 p.m. Mr. Michael G. Anderson, 5632 Goose Creek Lane, Fayetteville, North Carolina, appeared in favor of the annexation. There was no one present to appear in opposition and the public hearing closed at 7:26 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (PROPOSED TACO BELL SITE (PROPERTY OF TAYLOR FOODS ASSOCIATES) (LOCATED ON SOUTHERN SIDE OF OWEN DRIVE, WEST OF WENDY'S RESTAURANT)). ANNEXATION ORDINANCE NO. 95-11-408. Councilmember Bolton moved to adopt the ordinance, seconded by Councilmember Cheek and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the clerk's office in Annexation Ordinance Book 1995. 4. Consideration of request to address City Council from Pete Poulos, Trio Cafe. City Attorney Robert C. Cogswell, Jr. informed the Council this was a Quasi Judicial Hearing. In order to grant a sign variance the Council must make findings of facts based on the evidence presented. Mr. Doug Maxwell, Attorney, and Mr. Pete Poulos, Trio Cafe, were sworn in by the Deputy City Clerk. Mr. Maxwell presented the Council with photographs of the sign and stated his contention that the Trio sign fits into the reason for a variance because it does not impede visibility, obstruct any sidewalk or street lane, or distract passing traffic in any way that would create a safety concern. Mr. Jim Alexander of the Inspections Department was sworn in and testified that it was his contention that the sign was in violation of the sign ordinance and needed to be moved back 5 ½ feet. A question and answer period ensued. Mr. Louis Chalmers, Traffic Engineer, was sworn in. Mr. Chalmers testified that after inspecting the area it was his opinion the sign did obstruct the view of motorists. After a second discussion, Councilmember Bolton moved to grant the variance, seconded by Councilmember Robertson and carried by a vote of 8 to 1 with Councilmember Ross in opposition. ORDER GRANTING A VARIANCE IN RE APPEAL OF PETE K. POULOS, D/B/A TRIOS CAFE. ORDINANCE NO. NS1995-034. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. 5. Presentation and acceptance of Fiscal Year 1994-1995 audit report. This item was presented by Mr. Eddie Burke, Cherry, Bekaert and Holland. Councilmember Bolton moved to accept the audit report and commended Kai Nelson, Finance Director, and his staff for a job well done, seconded by Councilmember McBryde and carried unanimously 9 to 0. 6. Consideration of request to address City Council from Eufaula Street Landfill Committee: Requesting to appear: Jean McDonald, Denise Lee and Deacon Henry Collins. Ms. Jean McDonald, Eufaula Street, Fayetteville, North Carolina, and Deacon Henry Collins, addressed the Council and requested that the City relocate the 15 households left on Eufaula Street. Ms. Denise Lee, a staff member of Blue Ridge Environmental Defense League, a non-profit environmental organization, expressed her concerns regarding the gaseous emissions that come from landfills which effect the nearby population. City Manager John Smith stated the only involvement the City has had on Eufaula Street is as a contracting agency for the County Commissioners and in that capacity have relocated the citizens who are close to the current county landfill. He further stated that Myland Yard Landfill has been closed for 30 years and in September of 1995 a letter was received from the EPA stating "These Sites (Myland Yard Landfill included in the list) have been investigated and assigned a designation of no further immediate action planned by the Federal Government. By removing these sites we are encouraging their return to public use." Mr. John Ben Brown, Jr., Assistant City Manager, explained in detail the City's involvement in the Eufaula Street project. Mayor Dawkins stated that 40 percent to 50 percent of all dollars paid in this project had come from the citizens of the City of Fayetteville and he wanted it made clear that the citizens of Fayetteville have been involved in the Eufaula Street project. A discussion was held. Ms. Denise Lee stated no air monitoring had been done by the EPA. Mr. Smith restated his position that the EPA had given this landfill a clean rating, and that if the Council wanted more information they should request that staff come back with more facts. Councilmember Torrey moved to have all information possible on this subject from the county, EPA, and all public records, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. 7. Consideration of acceptance of election returns for the Election for Mayor and City Council from the Cumberland County Board of Elections. This item was presented by City Manager John Smith. Councilmember Kendrick moved to accept the election returns, seconded by Councilmember Robertson and carried unanimously 9 to 0. CUMBERLAND COUNTY November 7, 1995 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 AM on Thursday, November 9, 1995, and after canvassing the original returns of the Chief Judges and Judges of Elections of the votes cast in the Municipal Election for Mayor and City Council in the City of Fayetteville, NC held on November 7, 1995, 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 6225 Bob Shoptaw 2511 FOR CITY COUNCIL DISTRICT #1 Jim McDermott 457 Jim Smith 726 DISTRICT #2 Catherine A. Burns 409 Ida A. Ross 558 DISTRICT #3 Robert Massey 907 DISTRICT #4 Thelbert Torrey 773 Grace Yeager 478 DISTRICT #5 Suzan Cheek 983 Don Talbot 749 DISTRICT #6 Mark Kendrick 1628 AT LARGE J. Breeden Blackwell 5010 Thomas C. (Chris) Dempster 4596 Frank Milo McBryde 4277 Ben Watson 4081 Roy Whitmire 2680 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: DISTRICT #1 Jim Smith DISTRICT #2 Ida A. Ross DISTRICT #3 Robert Massey DISTRICT #4 Thelbert Torrey DISTRICT #5 Suzan K. Cheek DISTRICT #6 Mark Kendrick AT LARGE: J. Breeden Blackwell Thomas C. (Chris) Dempster Frank Milo McBryde Given under our hand and seal this 9th day of November, 1995. CUMBERLAND COUNTY BOARD OF ELECTIONS A complete copy of these returns can be found at the City Clerk's office. 8. Consideration of adoption of an ordinance of the City Council of the City of Fayetteville creating a new S2-61, "Posting of signs prohibiting the carrying of concealed weapons" of the Code of Ordinances of the City of Fayetteville. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING A NEW §2-61, "POSTING OF SIGNS PROHIBITING THE CARRYING OF CONCEALED WEAPONS" OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1995-019. Councilmember Bolton moved to adopt this ordinance to be effective December 1, 1995, seconded by Councilmember Ross and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1995. 9. Consideration of revisions to Fayetteville Urbanized Area Thoroughfare Plan. Councilmember McBryde moved to set the public hearing for January 16, 1995, seconded by Councilmember Kendrick and carried by a vote of 8 to 1 with Councilmember Robertson voting in opposition. 10. Consideration of petition from residents of Woodlands/Huntington Park Area for multi-way stop signs. Councilmember McBryde moved to schedule Council action following a neighborhood meeting on November 29, 1995, at Fayetteville Academy at 7:00 p.m., seconded by Councilmember Cheek and carried unanimously 9 to 0. 11. Consideration of the following Airport matters: This item was presented by City Manager John Smith. A. Consideration of offer to purchase property located off Doc Bennett Road to the south of Runway 10/28 in the vicinity of the new airfield improvements project. The purchase price for this property is $25,500 with a total cost of $26,390.00 Councilmember McBryde moved to approve, seconded by Councilmember Bolton and carried by a vote of 8 to 1 with Councilmember Robertson in opposition. B. Consideration of adoption of Capital Project Ordinance Amendment 96-4 (Land Acquisition). The Airport Commission has recommended the purchase of property located off Doc Bennett Road to the south of Runway 10/28 in the vicinity of the new airfield improvements project. The property currently abuts Airport land at the fence line. The total cost of the purchase is estimated at $26,090. The costs are eligible for federal reimbursement from future entitlement funds. This capital project ordinance reflects the costs of the proposed purchase and previous appraisal expenses. 12. Consideration of adoption of resolution authorizing condemnation of Harbor Road right-of-way Parcel W-7. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1995-075. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Bolton and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. 13. Consideration of authorization for the City Manager, Deputy City Manager and Finance Director to execute certain contracts with GE Capital Public Finance, Inc., for the lease purchase of marked police patrol vehicles in the amount of $808,295. This item was presented by City Manager John Smith. Councilmember Bolton moved to authorize the execution of the contract documents, seconded by Councilmember McBryde and carried unanimously 9 to 0. 14. Consideration of adoption of resolution authorizing a two percent (2%) discount for early payment of City property taxes. This item was presented by City Manager John Smith. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING A 2 PERCENT DISCOUNT FOR PREPAYMENT OF PROPERTY TAXES. RESOLUTION NO. R1995-076. Mayor Pro Tem Blackwell moved to adopt the resolution, seconded by Councilmember McBryde and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. 15. Consideration of request from Councilmember Ida Ross to name the baseball field at the Geraldine Myers Recreation Center in honor of Abraham Washington, former coach. Councilmember Bolton moved to refer this item to Parks and Recreation Advisory Commission, seconded by Councilmember Torrey and carried by a vote of 9 to 0. 16. APPOINTMENTS: A. Appearance Commission - nominations to fill eight vacancies. The following nominations were made for a first full term of two years to expire in December 1997: 1. Billy Cashion at-large 2. Matthew Smith at-large 3. Greg Nace landscape category The following were nominated for a second term of two years to expire in 1997: 4. Bill Vurnakes at-large 5. Alvin Marshall at-large 6. Diane MacIlwinen at-large 7. Elizabeth Nimocks at-large Councilmember Ross nominated Dr. Emma Green for the at large 2-year appointment to expire in December of 1997. B. Fair Housing Hearing Board - election of nominations to fill three vacancies. The following appointments were made for a second term: 1. Neil V. Davis attorney category 2. L. D. Jones real estate category 3. Page Saunders at-large C. Historic Resources Commission - nominations to fill two vacancies. Councilmember Cheek moved to nominate William J. Gothard for category 2 - Historic Preservationist/Culture/Social Historian. Mayor Pro Tem Blackwell nominated Dr. Enid B. Jones for category 6 - at large. D. Human Relations Commission - appointment of alternate member to represent Fort Bragg Military. Councilmembers unanimously appointed Major Larry Barrett as an alternate for Fort Bragg Military. E. Joint Senior Citizens Advisory Commission - nominations to fill one vacancy. Council unanimously appointed Jerome Scott for a first two-year term. F. Personnel Review Board - nominations to fill vacancies. Councilmember Robertson nominated David Adams for one of the vacancies on this board. 17. ADMINISTRATIVE REPORTS A. Report on action of the Transportation Advisory Commission on the Transportation Improvement Program (TIP Update Projects). Mayor Pro Tem Blackwell requested to be excused from the November 27, 1995, meeting. Councilmember Bolton moved to excuse Mayor Pro Tem Blackwell, seconded by Councilmember Kendrick and carried unanimously 9 to 0. INFORMATION ITEMS: 1. Institute of Government: Information on school for newly elected mayors and Councilmembers. 2. Notice of public hearing on the proposed Owen Drive Extension from I-95 Business to NC 87. 3. Notice of public hearing on the proposed Glensford Drive Extension from Cliffdale Road to Morganton Road. 4. Transportation Coordinating Committee - minutes of October 31, 1995. 5. Report on Village Drive Baptist Church corner visibility problem on McPherson Church Road. 6. Update on Late Night Flash - Robeson Street. 7. Report on traffic operations at Langdon Street and Seabrook Road. 8. Report on Country Club North Community Meeting. 9. Police Department - Professional Standards monthly report for October, 1995. 10. PWC - minutes of October 25, 1995. 11. Board of Adjustment - minutes of October 18, 1995. Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously 9 to 0. The meeting adjourned at 10:00 p.m. INFORMATION MEETING NOVEMBER 27, 1995 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 27, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: J. Breeden Blackwell (at-large) was excused from this meeting at the November 20, 1995, regular meeting. Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, City Attorney Janet Jones, Deputy City Clerk Pete Piner, Fire Chief Ron Hansen, Chief of Police Jason Brady, Public Information Officer Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Councilmember Massey offered the Invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Councilmember Bolton asked to be excused from the latter part of the meeting. Councilmember Robertson moved to excuse Councilmember Bolton, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. Mayor Dawkins recognized Mr. James Smith, City Councilmember elect, and asked that he join the council up-front. 1. APPROVAL OF AGENDA Councilmember Bolton moved to approve the agenda, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. 2. Presentation on Proposed Phase 2 Annexation. City Manager John Smith made a presentation on the proposed phase 2 annexation. He gave the history of the city's annexation process and explained the procedure the city will be following to have phase 2 effective July 1, 1996. He informed council that the city staff had recommended an increase in the area to be annexed. The following data was presented to the council: Annexation Data -- Current - Population - 88,552 - Street Miles - 368 - Square Miles - 48 - Housing Units - 37,752 - Assessed Value - $3,840,000,000* -- Phase 2 Annexation - Population - 22,152 - Street Miles - 48 - Square Miles - 7 - Housing Units - 8,837 - Assessed Value - $534,888,683* -- Total Cuttent & Phase 2 - Population - 110,704 - Street Miles - 416 - Square Miles - 55 - Housing Units - 46,589 - Assessed Value - $4,374,888,682* * real & personal property Phase 2 Expenses and Revenues -- Pre-Annexation - Expenses $3,180,717 - Revenues $1,741,825 - Deficit $1,438,892 -- Annexation Year 1 (FY1997) - Expenses $8,202,918 - Revenues $8,625,628 - Surplus $ 422,710 -- Annexation Year 2 (FY1998) - Expenses $5,521,939 - Revenues $6,326,841 - Surplus $ 804,902 -- Annexation Year 3 (FY1999) - Expenses $7,862,725 - Revenues $8,884,902 - Surplus $1,022,177 -- Annexation Year 4 (FY2000) - Expenses $5,623,646 - Revenues $6,343,078 - Surplus $ 719,432 At 7:35 p.m. Mr. Thomas C. Dempster, Councilmember elect arrived and was seated with the council. Mr. Smith displayed a map showing the three areas, Area 300, Area 318, and Area 504 to be annexed in phase 2. There was a lengthy discussion of the largest area, Area 300. The discussion centered around the original part of Area 300 and the three additional areas which the city staff is recommending be added to the original approved phase 2 plan. A breakdown of the proposed areas to be annexed is as follows: A. Original Part: Major Subdivisions: Waters Edge, Loch Lomond, Hollywood Heights, East Side of Bunce Road, Chestnut Hills, Montclair, Drake Park, Evergreen Estates, Welmar Heights (Behind Cape Fear Valley Hospital). B. Add-on Area 1 Major Subdivisions: Glen Reilly, Stewart's Creek. C. Add-on Area 2 Major Subdivisions: West side of Bunce Road (in order to avoid splitting a neighborhood), Remington, Scotsdale, Reilly Road Industrial Park, Area near Wayland Drive, 71st School complex (3 schools), vacant land North of 71st High School, Area between Old Bunce Road, School Road & Cliffdale Road. D. Add-on Area 3 Areas on south side of Raeford Road. Councilmember Bolton requested to address the council. Mr. Bolton thanked everyone and stated it had been a privilege for him to serve and sit with this council. He stated this would be his last meeting. Mr. Bolton received a standing ovation from the Councilmembers and the audience. He left the meeting at 7:50 p.m. Mr. Smith closed his presentation by presenting the following annexation calendar: Phase 2 Annexation Calendar -- November 27 - City Manager Briefs City Council -- December 18 - Notice of Intent -- January - Staff Conducts Neighborhood Meetings -- February 5 - Council Holds Public Hearing -- February 20 - Council Adopts Annexation Ordinance -- June 30 - Effective Date of Annexation A discussion ensued regarding the effect the annexation would have on the voting districts. Mr. Smith informed the council that the city had hired Mr. Jerry Wilson to gather the statistical data to be submitted to the Justice Department. Councilmember Kendrick inquired about the crime statistics in the new areas. Chief of Police, Ron Hansen, stated that valid statistics could be obtained within approximately a year after the annexation goes into effect. He explained that his department had already begun preparing for this increase in territory. 3. Presentation of managment recommendations on key issues for discussion at Council Retreat. City Manager John Smith presented this item. He suggested to council that during their retreat focus be put on their vision for the community and the development of a comprehensive planning process. Mayor Dawkins stated it was the council's responsibility to plan where the city is going and the time had come for such action. Councilmember Cheek expressed her opinion that for all concerned it would be beneficial to have a session with someone from the Institute of Government who is actively involved in joint planning. Mr. Smith restated his request that consideration be given to the visionary aspect rather than the technical aspect of what council would like to see accomplished in the planning process, the planning board and the planning department. Mr. Smith further stated that once the goals of council were known, the staff could offer alternative plans of action. Councilmember Kendrick expressed his opinion that the planning board/zoning board needed to be reevaluated. Information Items: 1. Report on ordinances regarding the carrying of weapons on City property. 2. Update on construction schedule for new Seabrook Pool. 3. Report on seat belt signs. Mayor Dawkins requested that everyone support the Heart of Carolina Food Drive by bringing can goods and staples which will be distributed with other foods on December 15, 1995. Councilmember Robertson requested to be excused from the December 4, 1995, meeting. He expressed his gratitude to everyone for all they had done during his service on the council. Mr. Robertson received a standing ovation. Councilmember Massey moved to excuse Councilmember Robertson, seconded by Councilmember Kendrick and carried unanimously 7 to 0 with Mayor Pro Tem Blackwell and Councilmember Bolton absent. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 7 to 0 with Mayor Pro Tem Blackwell absent and Councilmember Bolton . The meeting was adjourned at 9:45 p.m. REGULAR MEETING DECEMBER 4, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING DECEMBER 4, 1995 7:00 P.M. CITY HALL COUNCIL CHAMBER Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Councilmember Nat Robertson and Councilmember Bolton were excused from this meeting. Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, City Attorney Janet Jones, Deputy City Clerk Pete Piner, Fire Chief Joe Boyd, Information Systems Director Jerome Brown, Transit Director Robert Barefoot, Recreation/Community Facilities Director Mike Walker, City Engineer Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) Mayor Dawkins announced that Councilmember McBryde was a proud grandfather of a six pound 14 ounce girl, Taylor Nicole Sky. INVOCATION - PLEDGE OF ALLEGIANCE Dr. David W. Crocker, Pastor of Snyder Memorial Baptist Church, offered the Invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins welcomed all family members and friends of the Councilmembers. 1. APPROVAL OF AGENDA City Manager John Smith requested to add the minutes of the November 27, 1995 meeting to item 2. of the agenda. Councilmember McBryde moved to approve the agenda with the addition of the minutes to item 2., seconded by Councilmember Kendrick and carried by a vote of 7 to 0 with Councilmembers Bolton and Robertson excused. 2. Approve minutes of regular meeting of November 20, 1995, and November 27, 1995. Councilmember Cheek moved to approve the minutes of November 20, 1995, and November 27, 1995, seconded by Councilmember Ross and carried by a vote of 7 to 0 with Councilmembers Bolton and Robertson excused. 3. Seating of Mayor and New City Council: A. The Oaths of Office were administered to the City Council by The Honorable Andrew R. Dempster, District Court Judge. B. The Oath of Office was administered to the Mayor by The Honorable Andrew R. Dempster, District Court Judge. At this time Mayor Dawkins and Councilmembers introduced their relatives and friends present in the audience for the swearing-in ceremony. 4. Organization of the City Council - Election of Mayor Pro-Tempore. Councilmember McBryde nominated Councilmember Blackwell to serve as Mayor Pro Tem, seconded by Councilmember Torrey. Mayor Pro Tem was approved by acclamation of the Council. 5. CONSENT: Mayor Dawkins presented the consent agenda. Councilmember Torrey requested that item 5.F. be pulled for discussion. Councilmember McBryde moved to approve the agenda with the exception of 5.F., seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. A. Approve request of weapon and badge from Officer Albert Tanzilo upon his retirement from the Fayetteville Police Department. B. Approve renewal of Lease Agreement between Bragg Mutual Federal Credit Union and City of Fayetteville for space in City Hall building. C. Approve renewal of Lease Agreement with Cape Fear Studios, Inc., and City of Fayetteville for space in the Farmer's Market Building (The Market). D. Adopt resolution authorizing condemnation of Boone Trail Extension right-of-way Parcel E-1. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1995-077. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. E. Adopt resolution authorizing condemnation of Boone Trail Extension right-of-way Parcel E-2. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1995-078. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. F. (Pulled for discussion) G. Set public hearing for December 18, 1995, to consider speed limit reduction on the following: Public hearings were set for December 18, 1995, on the following streets: 1. Dogwood Street 2. Sherman Drive 3. Sloan Avenue 5.F. Approve destruction of canceled bonds, notes and coupons per adopted Records Retention and Disposition Schedule. Councilmember Torrey asked for clarification on why the bonds are going to be destroyed. City Manager John Smith addressed the issue. Councilmember Torrey moved to approve the destruction of the aforementioned documents, seconded by Councilmember Ross and carried unanimously 9 to 0. 6. Presentation of progress report on Complete Fayetteville Once and For All Planning Project. Mr. Robert Marvin presented an update on the status of his study on the downtown area. He stated his organization had met with 34 different groups trying to determine what the citizens' perception was of where the city should be. Mr. Marvin has been coordinating and working with a committee of 40 members. The committee has presented him with its recommendations. Having gone through the organizational phase and the research inventory stage, Mr. Marvin stated he is now ready to begin the design response phase and hopes to have his plan completed by March 28, 1996. Mr. Marvin stated to Council he felt it was important the public understand that the plans are going to be larger than just Hay Street. Councilmember Cheek expressed her support and stated she would like to have neighborhood meetings in order that the public can become well informed about this project. 7. Consideration of request to address City Council from Jimmy Kizer, Jr., Chairman of Appearance Commission. Mr. Jimmy Kizer, Chairman of the Appearance Commission, addressed the Council. He extended the commission's thanks for allowing them to participate in the opening design phases of the proposed new main fire station. He expressed the commission's unanimous request that the Council reconsider acquiring the property adjacent to the proposed fire station site at the corner of Person Street and Eastern Boulevard in order to provide the City with an aesthetically pleasing and functional gate way. Councilmember McBryde stated he felt this matter should be referred to staff. This was the consensus of the Councilmembers. 8. Consideration of extension of moratorium on issuance of permits for telecommunication towers for a period of ninety (90) days. Councilmember Kendrick moved to grant an extension of 90 days, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. 9. APPOINTMENTS: Mayor Dawkins presented this item. A. Election of nominees to fill eight vacancies on Appearance Commission. Mr. Jimmy Kizer, Jr. informed the Council that Diane MacIlwinen, at-large nominee would be unable to serve a second term. He recommended Mr. Wick Smith, Jr. Councilmember Cheek nominated Mr. Smith to fill the vacancy and requested that the appointment and election be made at this meeting. Councilmember McBryde moved to appoint all eight nominations subject to the resignation of Dr. Emma Green from the Human Relations Commission, seconded by Councilmember Kendrick and carried unanimously 9 to 0. The following appointments were made for a first full term of two years. They were fill-ins through December 1995: 1. Billy Cashion At-large 2. Matthew Smith At-large 3. Greg Nace Landscape 4. Dr. Emma Green At-large (Subject to Dr. Greens resignation from the Human Relations Commission.) 5. Wick Smith, Jr. At-large The following appointments were made for a second term of two years: 1. Bill Vurnakes At-large 2. Alvin Marshall At-large 3. Elizabeth Nimocks At-large B. Nominations to fill two vacancies on Historic Resources Commission. Councilmember Smith moved to appoint the following nominees, seconded by Councilmember Cheek and carried unanimously 9 to 0. 1. William J. Gothard - Category 2 - Historic Preservationalist/ Culture/Social Historian 2. Dr. Enid B. Jones - Category 6 - At-large C. Nominations to fill two vacancies on Personnel Review Board. Councilmember McBryde moved to appoint Mr. David Adams to the Personnel Review Board, seconded by Councilmember Kendrick and carried unanimously 9 to 0. Mayor Dawkins reminded the Council that this Board still had one vacancy which must be filled by a minority representative. 10. ADMINISTRATIVE REPORTS: A. Report on taxicab citations for illegal drug activity. Mayor Pro Tem Blackwell thanked the staff and Mr. Jerome Brown for the taxicab report. There being no further business Councilmember McBryde moved to adjourn, seconded by Councilmember Kendrick and carried by a vote of 9 to 0. The meeting was adjourned at 7:53 p.m. REGULAR MEETING DECEMBER 18, 1995 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER DECEMBER 18, 1995 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, City Attorney Janet Jones, Deputy City Clerk Pete Piner, Fire Chief Frank Simpson, Inspections Director George Vaughan, Planning & Development Steve Blanchard, Manager of PWC Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Rev. Steven Byrd of Berean Baptist Church, offered the Invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins congratulated Councilmember Kendrick and his wife on their second wedding anniversary and Councilmember McBryde and his wife for their 18th anniversary. Mayor Dawkins introduced Mrs. Millie Knowles and her son, O. B. Knowles, Jr. Mrs. Knowles was presented with the "Outstanding Senior Citizen of the Year Award." She had been selected for this honor by Fayetteville's eighteen Senior Clubs because of her service to the community. 1. APPROVAL OF AGENDA City Attorney Robert C. Cogswell, Jr. stated that Lavonda Lynn Tucker and Thomas C. Russo, Sr. were the persons requesting legal representation in item 2.G. Mayor Pro Tem Blackwell moved to approve the agenda, seconded by Councilmember Ross. Councilmember Cheek requested that item 11. be moved up on the agenda after the public hearings. Mayor Pro Tem Blackwell agreed to the change in his motion. Item 11. was changed to item 4.A. and item 4. was changed to item 4.B. Mayor Dawkins called for a vote on the amended motion and carried unanimously 9 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Torrey requested to pull item 2.D. and Councilmember Massey requested to pull items 2.A., 2.E.2., and 2.E.4. Councilmember McBryde moved to approve the consent agenda with the exceptions of 2.D., 2.A., 2.E.2., and 2.E.4. After a second from Mayor Pro Tem Blackwell the consent agenda and following items were unanimously approved: A. (Pulled for discussion) B. Approve tax refunds over $100. Property Taxpayer's Name Nature of Clerical Error Description Amount Paul William Illegal Tax: 1993 W-2 on file. Personal prop. $111.39 Bratcher Jr. HOR: AK only Motor vehicle licensed Jeffrey K. Baldwin Clerical error, amount overstated Business $336.03 DC machinery/equip. WalMart Stores, Billed in wrong tax district, should Business personal $3,264.67 Inc. be 0081 Westarea, annex in 1994 property, machinery Real Estate PIN# 0439-55-4470 and equipment Capital Associates Listed machinery & equipment International, Inc. in error. Lessee filed bankruptcy before equipment was purchased. Capital Assoc. Inter'l Inc entered this on their computer system in error Fayetteville Equipment overstated per audit LOC: 226 Cool $128.09 Automotive Spring Street Whse Inc. James Malone Charged with an attic finish RES 1902 E/S $185.91 area in error Ramsey Street 0438-11-55-5047 Hillcrest of Equipment overstated per audit LOC: 1207 Bragg $130.87 Fayetteville, Inc., Blvd. Personal T/A Kentucky Property only Fried Chicken Sam's Wholesale Leasehold IMPS listed on $1,017.01 Club #8218 business in error. IMPS are charged on the real estate PIN 0408-90-5385 Alfred H. Shields Area above first level is 1410 Morganton Road $537.98 Jr & wife unfinished Lt 14 Tringle Hgts (0427-12-95-1910) C. Set public hearing for January 16, 1996, to consider an application by Franklin S. Clark for a Special Use Permit to allow a nursing home (assisted living complex) in an R6 Residential District for an area located on the south side of the Aberdeen and Rockfish Railroad and Luther Avenue, west of Forsyth Street and being the property of the Franklin S. Clark 1966 Trust, William R. Jordan, Trustee, and HC Enterprises as evidenced by deeds recorded in Deed Books 4390, Page 626 and 4212, Page 364, respectively, Cumberland County Registry, and by a map and legal description on file with the Planning Department. (P95-136) D. (Pulled for discussion) E. Approve the following Finance matters: 1. Adopt Special Revenue Project Ordinance Number 96-5 (Police-GHSP-Overtime) This ordinance appropriates $4,574 awarded by the Governor's Highway Safety Program for the purpose of funding overtime for the enforcement of traffic laws; specifically laws for safety belts and motorcycle helmets. No match is required. 2. (Pulled for discussion) 3. Adopt Special Revenue Project Ordinance Closeout Number 96-4 (Police-Booze It & Lose It) This project was established in June 1995 for the purpose of paying police officers overtime pay in the Booze It & Lose It campaign. The project is complete and all revenues have been received. 4. (Pulled for discussion) 5. Adopt Capital Project Ordinance Closeout Number 96-4 (Airport Marketing Program) This project was established in May 1990 from Airport operating revenues and represented the "seed" money to establish an airport marketing program. The Airport's current marketing program efforts are accounted for in its annual operating budget. The May 1990 resources have been exhausted with the expenditures and revenues with this program having been audited by Cherry, Bekaert & Holland. The marketing program previously accounted for in the project ordinance is recommended for closure. 6. Adopt 1995-96 Budget Ordinance Amendment Change Number 96-6 (Airport and General Fund Storm water Fees). The Airport and General Funds' Storm water utility fees for fiscal year 1995-96 are $25,000 and $20,000, respectively. This fee is based on the impervious area located at the Airport and General Fund properties in relation to the pro-rata share of the 1995-96 Storm Water Utility's approved program of work. The source of funds to pay the fees will come from the utility as a reimbursement for prior Storm Water expenses paid out of the General Fund. 7. Adopt 1995-96 Budget Ordinance Amendment Change Number 96-7 (Police motorcycles). On August 7, 1995, City Council authorized the sale of three motorcycles. Proceeds (net of associated expenses) from the sale, in the amount of $23,903, will be used to purchase one motorcycle and to lease one motorcycle for the Police Department. F. Set public hearing for January 2, 1996, to consider designation of the Prince Charles Hotel as a Local Landmark to the Fayetteville Register of Historic Properties. G. Approve requests for legal representation. Lavonda Lynn Tucker, former employee of the Fayetteville Police Department, requested legal representation. She is involved in a law-suite Troy vs. Tucker and the City of Fayetteville. Mr. Thomas C. Russo, Sr., former Transit Department employee, requested legal representation in the case of Childres vs. Russo and the City of Fayetteville. Mr. Cogswell stated that both of these persons were acting within the course and scope of their employment at the time of the incident involved pursuant to City Code and North Carolina General Statute 160A-167. He requested that Council approve his representation of both Ms. Tucker and Mr. Rosso. H. Approve award of contract for purchase of an additional 100,000 feet of 4/0 AL URD Triplex Cable at a cost of $97,000 ($970. per thousand) from Eastern Electric Supply, Inc., (Rocky Mount, NC) in the amount of $97,000.00.(PWC) Approval to purchase an additional 100,000 feet of 4/0 AL URD Triplex Cable at a cost of $97,000.00 ($970.00 per thousand) from Eastern Electric Supply, Inc. (Rocky Mount, NC). Bids received January 10, 1995, and approved by Council February 6, 1995, provided an option to purchase additional cable within a twelve-month period upon agreement of both parties. 2.A. Approve minutes of regular meeting of December 4, 1995. Councilmember Smith requested that a correction be made to item 9.A. The name should read Mr. Jimmy Kizer rather than Mr. Bill Kizer. Councilmember McBryde inquired about the date for Mr. Marvin's report on the downtown project in item A.6. City Manager John Smith confirmed that Mr. Marvin has stated a deadline of March 28, 1996. Councilmember Massey moved to approve the minutes with the name change, seconded by Councilmember Cheek and carried unanimously 9 to 0. 2.D. Approve the rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 631 Adams Street and being a portion of the property of Nikolaos D. and Selena Drakos as evidenced by deed recorded in Deed Book 3644, Page 167, Cumberland County Registry, and by a map and legal description on file with the Planning Department. (P95-135) Councilmembers Torrey, Massey, and Kendrick expressed concerns about this rezoning. Mr. Vaughan stated there had been no opposition to the rezoning and the Planning staff recommended the C3 because the majority of the lot is currently zoned C3 and this was being done at the owner's request. Councilmember Torrey moved to approve, seconded by Councilmember Kendrick and carried by a vote of 8 to 1 with Councilmember Massey in opposition. 2.E.2 Adopt Special Revenue Project Ordinance Closeout Number 96-3 (Police-Repeat Offender) This project was established in July 1993 for the funding of two police investigators and support equipment to identify habitual criminals active in the City. The grant and resources expired June 30, 1995. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. Councilmember Massey asked for clarification as to what this program entailed. Mr. Smith explained that this was a grant project which had expired June 30, 1995, but had to be left open until an audit had been completed. He further explained this project had been for the purpose of identifying habitual offenders as they go through the criminal justice program. Councilmember Massey inquired as to how effective this program had been and requested that a report be given to the Council as to its effectiveness. Councilmember Massey moved to approve to adopt the ordinance, seconded by Councilmember Torrey and carried unanimously 9 to 0. 2.E.4 Adopt Special Revenue Project Ordinance Partial Closeout Number 96-5 (Police-Controlled Substance Tax/Federal Forfeiture) This project was established in January 1992 to account for Federal Forfeiture and Controlled Substance Tax funds used exclusively for enhanced law enforcement activities. Partial closeout is recommended. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for partial closure. Councilmember Massey inquired as to the dollar amount the City has received in the last year from the drug forfeiture program. Mr. Smith stated he did not have that information but could find out. Mr. Smith explained that partial closeout is required because this is an ongoing project which continually receives new funds, but must be audited when funds have been expended. Therefore the project ordinance will remain open but all expended funds have been audited and accounted for. Councilmember Massey moved to adopt the ordinance, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. 3. PUBLIC HEARINGS: A. Consideration of adoption of resolution closing an alley running westerly off Anderson Street within the First Baptist Church property. This item was presented by City Manager John Smith. This is the advertised public hearing set for this date and time. There being no one present to speak either in favor or opposition to this matter, the public hearing was opened and closed at 7:28 p.m. RESOLUTION AND ORDER CLOSING ALLEY RUNNING WESTERLY OFF ANDERSON STREET. RESOLUTION NO. R1995-079. Mayor Pro Tem Blackwell moved to adopt this resolution, seconded by Councilmember Ross and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. B. Consideration of the rezoning from R6 Residential District to M1 Industrial District or to a more restrictive zoning classification for an area located on the west side of Southern Avenue, north of Owen Drive and being the property of S.J. and Patsy H. Cameron. (P95-107) Mr. George Vaughan, Planning Director, presented this item. He stated that the Planning Board had denied the M1 zoning and approved C1P. The Planning staff had denied M1 but felt it was suitable for either professional or commercial zoning. Mr. Frank Simpson, Inspections Director, stated that in his opinion either C3 or M1 would be appropriate for the proposed use being considered. He further stated that he did not believe a Special Use Permit could be granted for mini warehousing under C1P because it appeared to him this would not be mini warehousing. This is the advertised public hearing set for this date and time. The public hearing opened at 7:35 p.m. Mr. David Cameron, 1614 Cedar Creek Road, Fayetteville, NC, and Mr. Bobby Hairr, Route 1 Box 325, Fayetteville, NC, appeared in favor of the rezoning. Mr. Cameron is one of the owners of the property. Mr. Hairr stated to Council that he would like to have a rezoning that would not require a Special Use Permit. There being no one else present either to speak in favor or in opposition to this matter, the public hearing closed at 7:41 p.m. Councilmember Cheek moved to rezone to C3, seconded by Councilmember Ross. Councilmember Kendrick cautioned Council that a specific piece of land cannot be zoned for a specific use. Mayor Dawkins called for the vote and carried 8 to 1 with Councilmember Smith in opposition. C. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following: This item was presented by Assistant City Manager Jimmy Teal. Mr. Teal stated this request was by petition and this is the advertised public hearing for this date and time. There was no one present to speak either in favor or in opposition to this item. The public hearing opened and closed at 8:45 p.m. 1. Dogwood Street AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (SEC.20-21, TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL.) ORDINANCE NO. NS1995-034. 2. Sherman Drive AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (SEC.20-21, TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL.) ORDINANCE NO. NS1995-035. 3. Sloan Avenue AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (SEC.20-21, TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL.) ORDINANCE NO. NS1995-036. Councilmember Kendrick moved to approve the foregoing ordinances, seconded by Councilmember Massey and carried unanimously by a vote of 9 to 0. Copies of the foregoing ordinances are on file in the clerk's office in Ordinance Book NS1995. 4. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, Section 20-21, Traffic Schedule Number 6 - Stop Intersections at the following locations: A. Sugar Cane Circle shall stop at Wagoner Drive. B. Sugar Cane Circle shall stop at Youngstown Rd. C. Wagoner Drive shall stop at Prestwick Drive. City Manager John Smith introduced this item. He informed Council a petition was circulated in the Woodland's neighborhood requesting the multi-way stops, prior to holding a neighborhood meeting to discuss other potential options and, prior to taking a community ballot. There is still very strong support in the neighborhood for multi-way stops. The requested stops did not meet any of the standard traffic warrants for multi-way stops, so therefore did not meet the Council's current policy for installation. However, because of the very strong neighborhood support and because these stops would only affect local neighborhood traffic, Mr. Smith advised Council to consider making an exception in this case. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS 1995-037. Councilmember Bolton moved to approve the three-way stop signs, seconded by Councilmember Cheek. A discussion ensued regarding the procedure used in neighborhood meetings. Mayor Pro Tem Blackwell expressed his concern about setting a precedent regarding the placement of stop signs. Mr. Smith acknowledged that to date no set policy had been followed and he felt a set of guidelines needed to be implemented. However, he expressed his support for the installation of these signs because the neighborhood process had been followed. Councilmember Massey expressed his support for the motion but wanted it to be understood that the signs would have to stand for a year and could not be removed prior to that time. Councilmember Kendrick expressed his approval of the motion and stated he felt the procedure issue should be referred back to the Streets and Roads Committee or the Policy Committee for further consideration. Mayor Dawkins called for the vote on the motion and it carried unanimously by a vote of 9 to 0. Councilmember Cheek requested that the traffic engineer study the intersection of Wagoner Drive and Sycamore Dairy Road where there is a 45 mph speed limit and a visibility problem for the possible installation of a stop light. Mr. Smith stated he would come back with a report. Councilmember Torrey moved to send the stop light question back to the Streets and Roads Committee, seconded by Councilmember Cheek. Mayor Dawkins requested that the information on the stop light be put on the next City Council agenda. Councilmember Cheek withdrew her second to the motion and Councilmember Torrey withdrew his motion. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1995. B. Consideration of adoption of amendment to Land Use Plan. (Inserted in packet) Mr. George Vaughan, Planning Director, presented this item. Mr. Vaughan stated, as requested by the Fayetteville City Council, the Planning Department has evaluated the Land Use Plan in the Santee Drive area. The evaluation included the following factors: 1. The age of residential structures 2. The value of residential structures 3. The topography of the area 4. The soils in the area 5. The sanitary sewer system 6. The existing and projected traffic volumes on the All American Freeway and the impact of noise on the suitability for residential development, and the policies in the 2010 Plan regarding residential development in such areas. The Planning Board unanimously voted to approve the staff recommendation to change the Land Use Plan for the property fronting on Santee Drive from residential to commercial as shown on the map entitled Recommended Land Use Plan. This includes the two acre site of the applicant in case P95-75. The Planning Department and Board further recommended that the area historically known as Bonnie Doone be the subject of a neighborhood planning effort. A discussion ensued regarding the proposed plan. Councilmember Smith moved to adopt the amendment to the Land Use Plan, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. 5. Consideration of the rezoning from R10 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at 896 Santee Drive and being all of Tract Two, the property of Neal K. Bullard. (P95-75) Mayor Pro Tem Blackwell moved to adopt C3 zoning, seconded by Councilmember Smith and carried unanimously 9 to 0. 6. Consideration of the rezoning from R6 Residential District to C1P Planned Commercial District or to a more restrictive zoning classification for an area located west of Skibo Road (US 401 Bypass), south of Bragg Boulevard and being the property of Riddle Commercial properties and Carroll and Michael Simmons as evidenced by deed recorded in Deed Books 4389, Pages 82-84, and 4252, Page 359, respectively, Cumberland County Registry. (P95-130) Mr. George Vaughan presented this item. He reviewed the Planning staff's recommendation. Councilmember Cheek moved to hold a public hearing on January 16, 1995, seconded by Councilmember Massey and carried unanimously 9 to 0. Councilmember Cheek asked the staff to be prepared to refresh the Council's memory as to the process previously used on the rebuffering of this area. She also wanted to be informed as to the location of current buffers. 7. Consideration of request to address City Council from Edward M. Banta of Machine Products, Inc., and Scottie Rogers of Rogers Aircraft Service. Mayor Dawkins reminded the speakers of the three minute time limit per speaker. He requested Council to ask any questions of persons in the audience prior to any Council discussion. Mr. Edward M. Banta, 2506 Woodwind Drive, Fayetteville, North Carolina, spoke as a representative of the Cape Fear Aero Association, a group of local pilots and owners. Mr. Banta stated he had been flying out of the Fayetteville Regional Airport since 1970 and the current expansion plans were of a great concern to this organization. At their November meeting, at which the Airport Manager was a guest speaker, there was not a single attendee in favor of the relocation of the FBO operation at the Airport as it now stands without further clarification. Mr. Banta stated his opinion that the hardship of this move will be passed on to the users of the facility. He then quoted the figures from the newspaper, stating the cost of the two full-service FBO's will be approximately $3.9 million. Mr. Scottie Rogers, 2921 White Ash Drive, Fayetteville, North Carolina, asked the Council to look into this matter further. Mr. Rogers stated he has been doing the maintenance business at the airport for 20 years and he is concerned his job will be out the door because he cannot afford the high-dollar-move to the opposite site of the airport. It is an unwanted, unneeded move and should be "trash-canned" where it belongs. Mr. Rogers further stated that the Civil Aviation end of the Airport Division are the people who make the largest percentage of the money influx into the airport. General Aviation has the largest percentage of these. He stated the Airport has lost airlines and it is predicted that more will be lost. He asked Council to do something before the Airport loses the General Aviation business. Mr. John Smith addressed the Council. He gave the history of the adoption of the Airport Master Plan by the Airport Commission and the City Council. He stated it was important to understand the perspective of this project which goes back to 1987 when the plan was originally adopted. The plan originally set out the need for future expansion of the General Aviation area requiring relocation because the current site was not suitable for growth. This was to be done within a five- to ten-year range. In 1994 the plan was updated as required for qualification for federal funding. This process was done with frequent opportunities for public input and the issue was addressed by the Airport Commission. A controversy began over the number one priority, a new road. When the decision was made to abandon the road project the Commission made the decision to go to the number two priority, this project. In order to utilize the federal funds, the project had to be put under contract. The contracts were executed upon the recommendation of the Airport Commission and the approval of City Council. Mr. Smith stated the staff definitely wanted to work with everyone in the implementation of this project. He again pointed out that it had been a lengthy process with ample opportunity for public input and now the City is under contract. Mayor Dawkins stated that he had learned a lot about General Aviation. He expressed his personal feelings that General Aviation had not gotten their fair shake or attention in the last 10 years. He assured the audience that the Council and staff wanted to do what was best for everyone concerned. Councilmember Cheek addressed the Council. She agreed with Mr. Smith that the planning process had been a lengthy one. She stated that because of the switch and the priority of the road, the availability of federal funds, and the impression that both the General Aviation community and the FAA were in agreement with the plan, she felt the decision to move General Aviation was made in an orderly but fast manner. However, since that time a lot of concerns have been made public and Councilmember Cheek requested Mr. Banta to continue with his concerns about the FBO lease arrangements not being clear. Mr. Banta stated there was a strong possibility the Airport will end up with a reduced FBO capability. He felt economic opportunities were being negated for all concerned by the lack of a full service FBO and suggested that the leases be taken care of before a full committment is made. Councilmember Cheek stated it was not anyone's intent to do anything detrimental to the General Aviation community. Mayor Dawkins asked Mr. Banta to clarify the parties involved in the leases he referred to. Mr. Banta replied the leases did not involve him directly, but were the leases between the FBO's and the Airport Commission. Mr. John Wyatt, 311 Summertime Road, Fayetteville, North Carolina, addressed the Council next. Mr. Wyatt stated he had been a pilot for 30 years and had had a hangar for 10 years under a 20-year lease. Mr. Wyatt asked the City to check the leases for corporate hangars because some of the leases had a relocation clause and some of them did not. The ones with the relocation clause stated the City or Lessor would pay for the relocation. However, that clause was taken out of his and as far as he was concerned he was going to be in his hangar for 10 more years. Mr. Wyatt asked the Council to reconsider the road coming into the Airport because in his opinion the current road is a disgrace to the City. If this new plan is approved, Mr. Wyatt said, pilots will have to cross two runways with the towers permission, taxi down the runways for two miles before they can take off. It was his opinion that there is space for additional hangars to be placed in the current location. Mayor Pro Tem Blackwell expressed his concern making an uninformed decision without first reading the materials present to him at 7 o'clock and asking the questions he had. Mayor Pro Tem Blackwell moved to set a public hearing so that both sides could be heard, seconded by Councilmember Torrey. Councilmember Smith expressed his concern that a public hearing would place a time constraint on the persons wishing to appear and he did not feel 15 minutes was enough time for the issue to be heard. Mayor Dawkins stated this would be a decision Council would make. Councilmember Kendrick raised the issue of a delay in the process that has already been started. City Manager John Smith replied it was his understanding that the motion for a public hearing was for the Council to make the decision whether or not to cancel the executed contract. Mr. Smith further stated that it was his assumption that until a final decision to cancel this contract was made the work will go on. Councilmember Kendrick stated he did not want to wait on the public hearing and that he wanted it set for January 2, 1996. Mayor Pro Tem Blackwell agreed to amend his motion to reflect this date. Councilmember Cheek stated that she would like to have information prior to the meeting on January 2, 1996, on the following matters: 1. Cost of the project by phases. 2. A discussion between Councilmembers and Airport Officials. 3. The cost to the City of Fayetteville from the Airport budget or otherwise. 4. What is the future of FBO's, will they have to be subsidized and if so, how much? At this point City Manager John Smith raised the following issues: 1. What will the cost be if we don't go forward? 2. What about federal funds that have already been committed and how will the City pay them back? Mr. Smith stated that he did not want to get between the lease negotiations of the Airport Commission and the FBO's. He stated his belief the leasing issue should be addressed in the appropriate forum and it was his opinion that the televised public forum is not the correct way to handle it. Mr. Wayne Williams stated that the pilots and airplane owners should be allowed to have some input. The question was raised regarding the deadline for FBO's to respond to relocation notification. Mr. Cogswell, City Attorney, stated that a special meeting of the Airport Commission could be held to extend the deadline for FBO's to make their decision about relocation. Several Councilmembers expressed their desire to get this information as soon as they could before the January 2, 1996, meeting. Councilmember Massey called the question. Mayor Dawkins called for the vote on the motion to hold a public hearing on January 2, 1996, and carried unanimously 9 to 0. 8. Consideration of adoption of a resolution determining that it is in the best interests of the City of Fayetteville, acting through its Public Works Commission, to become a member of a joint municipal assistance agency governed by a joint board of directors pursuant to the provisions of Chapter 159B of the General Statutes of North Carolina and appointing a commissioner and alternate commissioner to such agency. This item was presented by Mr. Steve Blanchard. Mr. Blanchard explained the purpose of the Electra Cities of North Carolina Incorporated, a Joint Municipal Assistance Agency, and stated Fayetteville would be a charter member of the organization. Being a charter member would enable the City to participate in appointing the Board of Directors of the organization. A discussion ensued regarding the benefits the City would receive as a result of their membership in this organization. A question was raised as to whether the City would have to assume any debts. Mr. Blanchard stated the Council would not be assuming any debt and that any debt obligation made by the organization in the future would come before City Council for their approval. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DETERMINING THAT IT IS IN THE BEST INTERESTS OF THE CITY OF FAYETTEVILLE, ACTING THROUGH ITS PUBLIC WORKS COMMISSION, TO BECOME A MEMBER OF A JOINT MUNICIPAL ASSISTANCE AGENCY GOVERNED BY A JOINT BOARD OF DIRECTORS PURSUANT TO THE PROVISIONS OF CHAPTER 159B OF THE GENERAL STATUTES OF NORTH CAROLINA AND APPOINTING A COMMISSIONER AND ALTERNATE COMMISSIONER TO SUCH AGENCY. RESOLUTION NO. R1995-080. Councilmember Torrey moved to adopt the resolution, seconded by Councilmember Massey. Councilmember McBryde asked about lobbying and wanted to know if the city would have any say as to which issues would be lobbied. Mr. Blanchard replied in the affirmative. The motion to adopt the resolution carried by a unanimous vote of 9 to 0. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1995. 9. Consideration of renewal of contract for audit services with Cherry, Bekaert & Holland. This item was presented by City Manager John Smith. Councilmember McBryde moved to renew this contract, seconded by Councilmember Ross. A discussion ensued regarding the renewal of this contract. Mr. Smith recommended that this firm be used because of its past records and the fact that it is the only one of the big six firms with an office in Fayetteville. Mayor Dawkins called for the vote and the motion carried by a vote of 8 to 1 with Councilmember Massey in opposition. 10. Consideration of adoption of three Resolutions of Intent to annex three areas. (Three City-initiated annexations. Recommended public hearing date for each area is February 5, 1996) A. Area 300-Consisting of several major residential subdivisions, such as Drake Park, Evergreen Estates, Oakdale, Montclair, Chestnut Hills, Hollywood Heights, Bunce Road, Remington, Scotsdale, Waters Edge, Loch Lomond, Glen Reilly, and Stewart's Creek. Also consisting of several major commercial areas, such as along Raeford Road, along Skibo Road, and at the Cliffdale Road - Reilly Road intersection. Mr. John Smith, City Manager, presented this item. He informed Council that this is the first official action to begin the legal process of annexation. Once these resolutions have been adopted then notice will be sent to all owners of the properties affected. He recommended adoption of the resolution. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, N.C. TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1995-081. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. B. Area 318-(Camden Road-Natal Street Area) Consisting of land located south of Owen Drive, between Camden Road on the east and Natal Street and Cumberland Road on the west. Includes the Topeka Heights Apartments. This item was presented by City Manager John Smith. He recommended adoption of the resolution. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, N.C. TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1995-082. Councilmember Cheek moved to adopt the resolution, seconded by Councilmember Ross and carried unanimously be a vote of 9 to 0. C. Area 504- (Judson Baptist Church) Consisting of the Judson Baptist Church property, which is located on the eastern side of I-95, at the intersection of Cedar Creek Road and Judson Church Road. This item was presented by City Manager John Smith. He gave the following background. In May of 1995, Mr. Hunter Smith, a member of Judson Baptist Church, contacted Mr. Teal about the inclusion of the church as part of the overall annexation of the entrance and exit ramps along Interstate 95. The City did not include the church as part of that annexation. To amend the area to include the church property could have possibly delayed that particular annexation. An option for the church at that time was to petition the City for annexation. Another alternative discussed was the possibility of including the church in the Phase 2 annexation. A study was done and the impact of the cost of providing normal city services to the church is minimal. However, the cost of providing sewer to the church is roughly $75,000. If the City initiates the annexation, the cost to PWC is roughly $70,000. If the church petitions for annexation, the cost to PWC is roughly $25,000. A discussion ensued regarding the situation at hand. Councilmembers inquired whether the church had been informed about the cost involved in this annexation. Mr. Teal stated that he had talked with Mr. Hunter Smith, a member of Judson Baptist Church. Mr. Blanchard of PWC stated he did not recommend the City initiating the annexation of this property. It costs a minimum of $75,000.00 to extend temporary lines and then permanent lines would have to be installed at a later date at additional cost. Mayor Pro Tem Blackwell moved to omit item C. at this point, but that this information be sent in writing to the church with the reservations of the Council included, seconded by Councilmember Dempster and carried unanimously 9 to 0. Councilmember Cheek inquired about the status of the information of the cost involved with PWC in the annexations. Mr. Smith stated that the information would be to Council prior to their information meeting in January 1996. Councilmember Cheek asked for a schedule of when the information would be forthcoming at the January 2, 1996, meeting. Copies of the foregoing resolutions are on file in the clerk's office in Resolution Book R1995. 11. Moved to item 4.A. 12. Consideration of cancellation of December 26, 1995, Information Meeting. Councilmember Massey moved to cancel the information meeting on December 26, 1995, seconded by Mayor Pro Tem Blackwell and carried by a vote of 8 to 1 with Councilmember McBryde in opposition. 13. APPOINTMENTS: A. Personnel Review Board - nominations to fill one vacancy. Councilmember Ida Ross nominated Dr. Cureton Johnson, First Baptist Church, Morris Street, to fill the vacancy on the Personnel Review Board. Councilmember Smith moved to accept the nomination and elect Mr. Johnson to the vacancy, seconded by Councilmember Torrey and carried unanimously by a vote of 9 to 0. Councilmember Cheek asked the staff to look into keeping video tapes of the meetings for at least 6 months to a year. Mr. Smith stated he would have the staff look into it. Mayor Pro Tem Blackwell requested the Mayor to consider having a Council break sometime other than immediately after a public hearing. Mayor Dawkins stated that he would take this into consideration. INFORMATION ITEMS: 1. Statement of taxes collected for the month of November, 1995, from the Cumberland County Tax Collector. Total collections $3,099,804.47 2. Report of tax refunds less than $100. Property Taxpayer's Name Nature of Clerical Error Description Amount Antonio Demetrius Illegal Tax: LES on file for 1988 Dodge Dakota, $68.28 & Clarissa M Blue Antonio. HOR: FL/ETS 2-16-95 1989 Ford Tempo Bernard Randall Illegal Tax: Mil. Non-Res. Remove Personal Property $46.05 Bender FVT TX Res, ETS 8/98 B&M of Fayetteville Equipment overstated per audit T/A Rocket Auto $58.29 T/A Rocket Auto Parts, 5427 Murchison Parts Road Victor & Rosa Illegal Tax: LES on file for Victor. 1989 Mercury Cougar $24.73 Maria Alejandre HOR: CITY ATTORNEY/ETX Plate #HTC5596 1-12-96 Samuel Johnston 1992 Tioga assessed as 24R2 1992 Tioga 24R2 $52.67 Clark Jr. should be 21R2 per bill of sale 1FDKE3OH7MHB20463 Cherry, Bekaert & Equipment overstated per audit LOC: 2850 Village $95.53 Holland CPA Drive Suite 201 Jarvise Vyeria Illegal Tax: LES on file for 1987 Toyota Van $21.73 Fields Jarvise. HOR: OH/ETS 4-17-96 Plate #HTC5587 Dunn's Nursery & Equipment overstated per audit LOC: 1990 Skibo Road $13.96 Garden Shop Inc. Kirklands of Equipment overstated per audit LOC: Cross Creek Mall $53.27 Fayetteville Inc John Willard Illegal tax: non-res. WA/ETS: 1994 Buick Lesab. $98.20 Harbison & Jeanne 8-31-99 for John #HTB5790-89 Chevy Van #HTA4967 Maria Lourdes Illegal tax: Mil. non-res. 1993 Nissan Maxima $66.69 Martinez & Joe LES for Joe (ETS 7-2-96/FL) Plate #FTK3706 Manuel Martinez 1/2 taxable Randy Allen Olson Illegal tax: Mil. non-res. Refer to bill no. $67.34 TX/no ETS LES on file refund VEHS Michael Detleg Illegal tax: LES on file CA/ 1978 Misc Trailer $5.82 Rodriguez 7-20-98 Plate #J40218 Shane Patrick Illegal tax: LES on file FL/ 1994 Pontiac Grand $80.04 Shipshock 5-23-96 Am Wiseman's Taxpayer filed an amended Business personal $8.18 Mortuary, Inc. statement property 3. Status report on Bond Projects. 4. Appearance Commission - minutes of September 26, and October 30, 1995. 5. Police Department - Professional Standards monthly report for November, 1995. 6. Transportation Improvement Program Update Candidate Projects, FY 1997-2003 - inserted in packet. 7. Report on Citizens Informational Workshop held on December 6, 1995, concerning widening of SR 1141 (Cumberland Road) from NC 59 (Hope Mills Road) to SR 1233 (Yale Street), Hope Mills, Cumberland County TIP Project U-2304A. 8. Report on Governor's Seat Belt Program. 9. Joint Planning Board - minutes of November 14, and November 21, 1995. 10. Report on status of traffic signals at East Loch Haven and Methodist College. There being no further business Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember McBryde and carried by a vote of 9 to 0. The meeting was adjourned at 10:20 p.m.