1994 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA REGULAR MEETING MINUTES JANUARY 3, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET JANUARY 3, 1994 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) - arrived at 7:10 p.m.; Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); and Suzan Cheek (District 5) Members absent Mark Kendrick (District 6) - excused Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Louis Chalmers, City Traffic Engineer Ken Horne, PWC Purchasing Agent 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 Reverend Sandy Saunders, Associate Pastor of Snyder Memorial Baptist Church, offered the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins reminded everyone that Councilmember Kendrick was excused from this meeting. Councilmember Ross has not arrived to this meeting; therefore, Councilmember Bolton moved to excuse Councilmember Ross until her arrival, seconded by Councilmember Massey and carried unanimously 7 to 0 with Councilmembers Kendrick and Ross absent. 1. APPROVAL OF AGENDA Councilmember Robertson moved to approve the agenda as submitted, seconded by Councilmember Bolton and carried unanimously 7 to 0 with Councilmembers Kendrick and Ross absent. Councilmember Ross arrived at the Council meeting at 7:10 p.m. 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 B for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of Item B. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved. A. Approve request for Amtrak Station Rededication. 1. The city extends an invitation to Amtrak to jointly sponsor a birthday party/station rededication on May 1, 1994. 2. The city will work with local groups and groups in Florence and Charleston interested in getting the Silver Star to serve this corridor. B. (Pulled for discussion.) C. Adopt resolution approving exchange of weapons. (Police) A RESOLUTION AUTHORIZING THE EXCHANGE OF WEAPONS. RESOLUTION #R1994-1. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1994. D. Approve award of contract for construction of a 24-inch water main extension along Bingham Drive to State Utility Contractors, low bid in the amount of $525,920.60. (PWC) Bids received were as follows: State Utility Contractor (Monroe, NC) $525,920.60 Blue Construction Co. (Sanford, NC) $527,857.00 Dellinger, Inc. (Monroe, NC) $536,356.00 Billings & Garrett (Raleigh, NC) $546,048.00 T. A. Loving (Goldsboro, NC) $564,668.00 Frank Horne Construction (Fairbluff, NC) $568,564.00 R. H. Moore Co., Inc. (Murrells Inlet, SC) $581,120.57 Triangle Paving, Inc. $788,877.11 E. Approve award of contract for 23" Last Stage Buckets and Diaphragm Replacement Parts for GE gas turbine to G. E. Power Generation Services, sole bidder in the amount of $628,334.00. (PWC) 2B. Approve sale of surplus street right-of-way on Village Drive. Councilmember Torrey asked why they wanted to sell the land along Village Drive. Assistant City Manager Teal responded that it is to the city's best interest to convey this right-of-way property in the amount of $1 to Mary Pride Clark and Mary Pride Clark Ariail, Trustees of the MS Clark Trust to enable them to install a fence along the sidewalk where there is a drop-off. If the city had to put up a barrier, it would have cost approximately $10,000.00. Also the city would have had to maintain it. The recommendation is to adopt the resolution. A RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY. RESOLUTION #R1994-2. Councilmember Torrey introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek and carried 8 to 0 with Councilmember Kendrick absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1994. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of the closing of Lark Street. This item was presented by City Manager Smith stating that there was some confusion as to property owners on this street and recommended that no action be taken until this can be resolved. The public hearing was opened at 7:13 p.m. and there being none to speak in favor or opposition, the public hearing was closed. Councilmember Massey moved to table the action on this item, seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Kendrick absent. 4. Consideration of adoption of resolution requesting sidewalk installation by N.C. DOT on Bonanza Drive. City Manager Smith presented this item stating that this area does need the criteria of the sidewalk policy, as far as priority areas. And it will be in the city as of July 1. RESOLUTION REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION CONSTRUCT SIDEWALKS ON BONANZA DRIVE. RESOLUTION #R1994-003. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Kendrick absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1994. 5. Consideration of adoption of Budget Ordinance Amendment 94-6. City Manager Smith presented this item saying that the Inspections Department has been very active in enforcement of the housing code in vacant lot ordinances this fiscal year, which was one of the goals that Council had set. Sixty-five thousand dollars has been budgeted, but most has been spent the first half of the budget year. Although, funds will eventually be recovered through liens, in some cases it may be several years. Mr. Smith is recommending an additional appropriation from fund balance of $50,000.00. Councilmember Bolton moved to adopt the budget amendment as recommended, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Kendrick absent. Councilmember Torrey requested that staff check into the lot at 624 Hillsborough Street because of complaints he has received. 6. Consideration of adoption of ordinance revising Section 20-106 of the Fayetteville City Code: Schedule #2 - Turn Control. This item was presented in the agenda packet by City Traffic Engineer Chalmers with a recommendation to adopt the ordinance. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE #2-TURN CONTROL, SKYCREST DRIVE). ORDINANCE #NS1994-1. Councilmember Robertson introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Kendrick absent. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1994. 7. Consideration of setting date for joint meeting between City Council and Public Works Commission. City Manager Smith recommended January 31 as a possible date for the joint meeting with PWC. Councilmember Bolton moved to schedule the Joint Special Meeting with PWC at 7:00 p.m. in the City Hall first floor multipurpose room on January 31. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Kendrick absent. 8. Consideration of location for January Information Meeting. Councilmember Bolton moved to schedule the district one information meeting for January 24 and that the three-minute time limit be set for the speakers at the 30-minute public forum portion at the beginning of the meeting. The time was set for 7:00 p.m. at Methodist College. Council requested that this meeting be advertised. Councilmember Blackwell seconded the motion and it carried unanimously 8 to 0 with Councilmember Kendrick absent. 9. APPOINTMENTS: A. Nominations to fill two vacancies on Fair Housing Hearing Board. There were no nominations to fill the vacancy in the Real Estate and Attorney categories. B. Nominations to fill two vacancies on Personnel Review Board. Councilmember Robertson withdrew the name of David Williford to be placed at a later date. Councilmember Blackwell moved to elect John C. Mitchell and Charles Darlington for second terms by acclamation, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Kendrick absent. C. Nominations to fill three vacancies on Redevelopment Commission. Councilmember Blackwell withdrew the name of Richard Culbreth to be placed at a later date. Councilmember Bolton moved to elect, by acclamation, Eva Ruth for a first full term, Beulah Wallace for a second term, and Mildred Evans for a first term. The motion was seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Kendrick absent. At this time Councilmember Ross offered an invitation to everyone to attend the celebration for the late Father Ryan on Wednesday night. She said he was very strong during the civil rights days and did a good job. There being no further business, the meeting was adjourned upon motion and second at 7:35 p.m. REGULAR MEETING MINUTES JANUARY 18, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET JANUARY 18, 1994 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); Mark Kendrick (District 6) Members absent: Milo McBryde (at-large) - excused Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Louis Chalmers, City Traffic Engineer Mike Walker, City Engineer Frank Simpson, Inspections Director Craig Hampton, Administrative Services Director Joe Boyd, Information Systems Director 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 Mayor Dawkins introduced Dr. Brian Lee, LaFayette Baptist Church, along with his wife and two sons. Dr. Lee offered the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Councilmember Kendrick requested that the invocation be spread in the minutes and it is as follows: "Lord, I want to thank you for every one of these who sit on this Council for their willingness to be invested in the issues that affect our community. It is an awesome responsibility they have. Not just because of the trust placed in them by the citizens of this community, but more importantly because of the trust that you have placed in them. And Lord, I pray that as they deliberate and as they make choices, that they will keep in mind, that if they honor you, they will make the right choice. Bless them Lord, in Jesus's name. Amen." Mayor Dawkins stated that Councilmember McBryde would not be at tonight's meeting, due to illness. Councilmember Kendrick moved to excuse Councilmember McBryde, seconded by Councilmember Bolton and carried unanimously 8 to 0. 1. APPROVAL OF AGENDA City Manager Smith requested that Item 2D show that this would be approval by resolution. Councilmember Bolton requested to move Item 12D to be heard after Item 4. Councilmember Cheek requested to abstain from discussion and voting on Item 4 since she is an employee of Methodist College. Councilmember Bolton moved to approve the request from Councilmember Cheek to abstain on Item 4, seconded by Councilmember Ross and carried unanimously. Councilember Bolton moved to approve the agenda with the changes, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember McBryde 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 Items D, E5, and I. Councilmember Blackwell requested to pull E1 and J, all for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of Items D, E1, E5, I, and J. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of December 20, 1993. B. Approve minutes of regular meeting of January 3, 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. (Pulled for discussion.) E. Approve the following Finance matters: 1. (Pulled for discussion) 2. Adopt Special Revenue Project Ordinance Amendment 94-8. The amendment appropriates proceeds from the North Carolina Controlled Substance Tax in the amount of $374. 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. Additionally, the amendment appropriates $43,000 in capital lease proceeds from the prior fiscal year for the purchase of a photo imaging system. Lease payments for the purchase will be expensed from federal forfeiture funds. 3. Adopt Capital Project Ordinance Closeout 94-1. The project was established in July 1988 for the purpose of funding the rehabilitation of rental properties. Officials of the Federal Housing and Urban Development agency have reviewed the expenditures and concur with the project closeout. The accounts have been audited by Cherry, Bekaert & Holland and are recommended for closure. 4. Adopt Budget Ordinance Amendment 94-7. The amendment appropriates $519,574 from General Fund fund balance and $573,328 in capital lease proceeds (see item #5) for implementation costs associated with Phase 1 Annexation. The resources will be used to fund personnel, operating and equipment costs for various departments (Police, Communication, Inspections, Parks & Recreation, Traffic Services and Engineering) prior to the effective date of annexation. By recruiting and employing appropriate personnel prior to the effective date of annexation, the City will be in an improved position to provide the full level of municipal services on June 30, 1994. The ordinance is consistent with the annexation plan and financing previously accepted by City Council. 5. (Pulled for discussion) 6. Adopt Budget Ordinance Amendment 94-8. The amendment appropriates $1,955,427 in capital lease proceeds (item #4 appropriates the proceeds for annexation, item #5 authorizes the lease purchase contract) for FY94 equipment replacement. F. Adopt resolution of intent and assurance availability of matching funds for the application for LWCF grant for Linear Park. A RESOLUTION AUTHORIZING THE DEVELOPMENT OF THE DOWNTOWN LINEAR PARK. RESOLUTION #R1994-4. A RESOLUTION FOR THE ASSURANCE OF AVAILABILITY OF MATCH. RESOLUTION #R1994-5. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1994. G. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing (February 7, 1994) on preliminary assessment roll for the paving of Damascus Road (from Sycamore Dairy Road to S/E corner of Cashwell property). A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLE AND SETTING TIME AND PLACE FOR PUBLIC HEARING (FEBRUARY 7, 1994) ON PRELIMINARY ASSESSMENT ROLE FOR DAMASCUS ROAD (FROM SYCAMORE DAIRY ROAD TO S/E CORNER OF CASHWELL PROPERTY. RESOLUTION #R1994-6. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1994. H. Set public hearing for February 7, 1994, to consider speed limit changes for Lynn Avenue. I. (Pulled for discussion) J. (Pulled for discussion) K. Approve the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located at 3748 Ramsey Street. (P93-143) 2D. Approve by Resolution the Lease Agreement with Cumberland County for space in former city hall building. A RESOLUTION AUTHORIZING THE LEASE OF CITY PROPERTY TO THE COUNTY OF CUMBERLAND (JOBS TRAINING SERVICE). RESOLUTION #R1994-7. Councilmember Cheek stated she would like to request this lease be included in the other leases that are to be examined at the time of renewal. She then moved to adopt the foregoing resolution, seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember McBryde absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1994. 2E1. Adopt Special Revenue Project Ordinance 94-7. Councilmember Blackwell asked Mr. Smith for clarification of lateral entries. City Manager Smith explained that what we do on lateral entries is assign any experienced officers from other branches to a field training officer for a period of time before putting them on the street. Councilmember Blackwell moved to adopt the special revenue project ordinance as requested, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember McBryde absent. 2E5. Adopt Certificate of Resolutions and Incumbency Authorizing Various City Officials to Execute Installment Purchase Contracts in an Aggregate Amount not to Exceed $3,002,255 (FY95 Lease Purchase for Annexation, Equipment Replacements & Computer System) The FY94 budget contains funds for various equipment for the annexation and scheduled replacements. Portions of the equipment were previously identified as "candidates" for installment purchases or lease purchases because of their cost or extended life (e.g. fire apparatus, rescue vehicles). The City solicited financing proposals from banking institutions that have historically provided tax-exempt, short-term municipal financings. First Citizens Bank offered the lowest 2 and 5 year terms at 3.10% and 3.45%. The rates offered by First Citizens Bank are the lowest the City has ever negotiated. The certificate authorizes named City officials to execute the installment purchase contracts in an aggregate amount not to exceed $3,093,055. CERTIFICATE OF RESOLUTION AND INCUMBENCY. RESOLUTION # R1994-7A A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1994. Councilmember Cheek asked if the replacement of the computer system is the same as listed later on the agenda and Mr. Smith responded that it was. Councilmember Cheek said she feels this should be considered at the same time and moved to adopt the certificate of resolution and incumbency for all but the computer system, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilember McBryde absent. SEE END OF ITEM 11. 2I. Approve municipal agreements with N.C. DOT for railroad crossing signal improvements at the following: 1. Blount Street & CSX Railroad at Williams Street. 2. Maiden Lane & CSX Railroad at Ray Avenue. 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. Councilmember Cheek asked if this is the same railroad that is discussed in the proposed bond project. And if that money is spent on moving the tracks, then it would immediately not be needed for signalization. Mr. Smith responded that there would still be crossings with less traffic, but still be crossings. Councilmember Cheek moved to approve the municipal agreements as recommended, seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember McBryde absent. 2J. Approve the rezoning from C1 Local Business District to R10 Residential District or to a more restrictive zoning classification for an area located at 4300 Blanton Road (P93-132) Councilmember Blackwell asked Mr. Mitchell to explain this zoning request. Mr. Mitchell responded that C1 Local Business District will not permit residential use and Mr. Blanton wants to use his property for residential. Councilmember Blackwell moved to approve the rezoning as requested, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember McBryde absent. ITEM 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and nonpublic hearings. A. Consideration of adoption of resolution and order closing Hadley Street from Sessoms Street to Montgomery Street. This item was presented by City Manager Smith stating that this street has never been officially closed. Hadley Street has become lots 7 and 15 of Habitat Village Phase I, and since the intent is to sell these lots for residential development, no utility easements will be reserved. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:27 p.m. and there being none to speak on this matter, the public hearing was closed. A RESOLUTION AND ORDER CLOSING HADLEY STREET. RESOLUTION #R1994-8. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember McBryde absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1994. B. Consideration of adoption of a resolution order closing of Unnamed Alley running westerly off Franklin Street. City Manager Smith presented this item stating that this alley never was accepted by the City but does show up on property plats as dedicated. The recommendation is to adopt the resolution closing this alley and PWC has requested an all purpose easement. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:28 p.m. and none to be heard on this matter, the public hearing was closed. A RESOLUTION AND ORDER CLOSING AN UNNAMED ALLEY RUNNING WESTERLY OFF FRANKLIN STREET. RESOLUTION #R1994-9. Councilmember Blackwell introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember McBryde absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1994. C. Reconsideration of the rezoning from R5 Residential District to C3 Heavy Commercial District or to more restrictive zoning classifications for an area located at 1200-1/2 Ramsey Street. (P93-85) This item was presented by Assistant Planning Director Mitchell, stating that this is the reconsideration of the rezoning and the Planning Board previously recommended the rezoning. This is the advertised public hearing. The public hearing was opened at 7:30 p.m. Speaking in favor was Herb Thorp, attorney for the petitioner, saying that they feel they addressed all the concerns of the neighborhood and they feel it is to the best interest of all the residents that they be permitted to continue to use the property in the manner to which they have used it, rather than having to use the piece of property across the street which could be a hazard to the community. Speaking in opposition was Felice Lockamy, 1118 North Street Extension, saying that she has concerns for the neighborhood and feels it is not being treated as a residential area. She also requested that buffers be put on the property line to eliminate the eyesores of the business. Ms. Lockamy stated that she had no objection to the business being there, but feels the residents are not being treated fairly. Clinton Harris, 4713 Watauga Road, appeared in opposition showing a video of polluted water in a ditch along the property line of the business. Mr. Thorp appeared in rebuttal stating that the water in the ditch was only brought to their attention this morning, and it was taken care of by 3:00 p.m. He said they would comply with the buffer. Mr. Bob Allen, Fay Block Company, petitioner, added they will put up a 10-foot solid fence around the perimeter of the C3 property. They have had several meetings with the residents and felt that all the problems had been resolved. Councilmember Blackwell asked Mr. Leroy Fischer (area resident) if they had met with Mr. Allen and what the results were. Mr. Fischer responded that they had met twice and that Mr. Allen had specified he only wanted his property rezoned C3. Also that he would put up a 10-foot solid wall around his property and control the drainage in the ditch. Councilmember Blackwell asked Mr. Fischer if he personally felt that Mr. Allen would do what he promised. At this time, City Attorney Cogswell informed Council that they could not base their decision on anything but what the zoning ordinance allows. According to the Inspections Supervisor, Mr. Allen is complying with the zoning restrictions at this time without building a 10-foot wall. At this time, Mr. Fischer stated they would request that it remain R5. Mayor Dawkins then concluded the public hearing at 7:57 p.m. Following some discussion, Councilmember Bolton moved to approve the request for rezoning from R5 Residential District to C3 Heavy Commercial District, seconded by Councilmember Robertson. Mayor Dawkins called for a vote and it carried 7 to 1 with Councilmember Torrey voting in opposition. 4. CONSIDERATION OF REQUEST TO ADDRESS CITY COUNCIL FROM M. ELTON HENDRICKS, PRESIDENT, METHODIST COLLEGE. Including Item 12D - Report on traffic signal investigation and Ramsey Street at Methodist College South Entrance. Mr. Hendricks addressed Council on the traffic safety on Ramsey Street in the vicinity of Methodist College. He said that the increased traffic flow has made it increasingly difficult to get in and out of Methodist College. He requested Council contact NCDOT to request the speed limit reduction to 45 mph and to install a traffic light. Mr. Hendricks said that the college is prepared to change the angle of the entrance to accommodate the traffic light but will need to know the exact location before they begin the work. Councilmember Kendrick moved to contact NCDOT for speed reduction to 45 mph and installation of a traffic light, seconded by Councilmember Bolton. The motion carried 7 to 0 with Councilmember Cheek abstaining and Councilmember McBryde absent. Councilmember Robertson requested that personal contact be made instead of a letter to NCDOT. 5. CONSIDERATION OF AWARD OF LEASE-PURCHASE CONTRACT FOR COMPUTER EQUIPMENT TO IBM AND J.D. EDWARDS, COMPANY. Assistant City Manager Brown made a thorough presentation in addition to the volume of information received in the agenda packet. He and his committee recommended award of the lease-purchase contract to the lowest responsible bidder taking into consideration quality and performance, to IBM Corporation and J.D. Edwards and Company in a total amount not to exceed $900,000 subject to final completion of the terms and conditions of the contracts. Following lengthy discussion, Councilmember Kendrick called the question and the motion to cease debate failed 4 to 5, with Mayor Dawkins breaking a tie. Councilmembers Cheek, Blackwell, Massey and Robertson voted against. During further discussion, it was established by Mr. Brown that the Wang Mainframe would be replaced but we would still make use of the terminals and network. Wang has current maintenance on the Banyan Network and has qualified staff. They helped train and certify our certified Banyan staff that we have on board that participated in this process. There is a local service office. A copy of the bid summary table is attached to these minutes. Councilmember Cheek referred to a letter received by Council by Mr. John Raper stating that he did not know until Friday that this was going to be on the agenda. She asked Mr. Raper to summarize his points that he would like to make to Council within two minutes. Mayor Dawkins stated that the Chair would allow this and then called for a vote on the motion. Mr. John Raper, Attorney for H.T.E., Inc., said their objections were based on two things that have been given the greatest importance for bidding: one is the client's server process and two the five-year cost. He said they would respectfully submit that the five-year cost for his client's product, which it is willing to guarantee, is $1,031,178, compared to $1,066,319 from the estimated five-year cost. Secondly, they would respectfully submit that the alternate bid proposal from J.D.E. does not bid on certain items that his client respectfully submitted or required by the specifications. Mr. Raper said that if Council takes their bid and deletes those items, then their bid would be $466,455 versus $727,100 that the J.D.E. bid that Council is looking at tonight. Thirdly, a comment was heard that it was just too late to consider the 140. At this time, Mr. Raper's two minutes expired and Mayor Dawkins called for a vote on the motion made by Councilmember Torrey and seconded by Councilmember Bolton to award the contract to IBM and J.D. Edwards Company. The vote carried 7 to 1 with Councilmember Robertson in opposition. 6. CONSIDERATION OF PROPOSED BOND PROJECTS. (BACKUP INFORMATION ATTACHED TO LARGE MAP IN PACKET) City Manager Smith presented this item reviewing the proposed bond projects consisting of Street Improvements in the amount of $14,000,000, Storm Drainage Improvements in the amount of $8,000,000, Sidewalk Improvements in the amount of $2,500,000, Firestation Improvement in the amount of $1,000,000, and Housing Improvement in the amount of $1,000,000. There was considerable discussion, question and answer session with the decision to put this item on the agenda for the next information meeting. Councilmember Blackwell moved to have the city administration proceed with plans for bond issue with some clarification, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember McBryde absent. 7. CONSIDERATION OF SETTING MEETING DATE, TIME AND LOCATION FOR JOINT MEETING BETWEEN FAYETTEVILLE CITY COUNCIL AND JOINT PLANNING BOARD. There was a request in the agenda packet from the Planning Director for the Planning Board and Council to have a joint meeting to discuss what planning services the City needs and how they should deliver them. Councilmember Bolton moved to set February 8, 1994, 5:30 p.m. in the City Hall, first floor multipurpose room, seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember McBryde absent. 8. CONSIDERATION OF PROPOSAL TO MAINTAIN PRE-CONVENTION LEVEL OF RIGHT-OF-WAY MAINTENANCE. This item was presented in the agenda packet with a recommendation from the City Manager that we proceed now with ordering the $96,000 in additional equipment, hire temporary labor between the beginning of the growing season and the end of the fiscal year and implement the permanent revolving work crew in the 1994-95 budget for the $40,000 projected. Councilmember Kendrick moved to follow the recommendation of the City Manager and approve, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember McBryde absent. Councilmember Cheek requested that we check into using Community Service workers. Councilmember Torrey requested that we consider hiring young people also. 9. REPORT FROM POLICY COMMITTEE. A. Consideration of policy regarding attendance requirements of members of boards and commissions. Councilmember Bolton presented this item in the absence of Chairman McBryde. The recommendation was to adopt Policy #110.1. Following some discussion, Councilmember Massey moved to adopt the Attendance and Membership Policy #110.1 as recommended, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember McBryde absent. The policy is as follows: POLICY OF THE CITY COUNCIL REGARDING MEMBERSHIP ON BOARDS AND COMMISSIONS It shall be the policy of the City Council to allow an individual to serve on only one board or commission at a time. Each board or commission member is required to attend over fifty percent (50%) of all regularly scheduled meetings on an annual basis from the date of appointment to said board or commission. Unless each board or commission upon a majority vote establishes a stricter requirement, the fifty percent (50%) requirement set forth herein shall be the attendance requirement for any board or commission. If the attendance requirement of any board or commission is not met by a member, the chairman of the board or commission shall forward the name of the member to the City Council for consideration of removal from the board or commission by the City Council. It shall also be the policy of the City Council that if a member of a board or commission is serving on more than one board or commission when a term expires, that member will be required to choose which board or commission he would like to remain on as a member. B. Consideration of policy regarding terms of boards and commissions. Councilmember Bolton presented this item in the absence of Chairman McBryde. Councilmember Kendrick moved to set 4-year terms and rotate off for one year, seconded by Councilmember Robertson. Following discussion, Councilmember Kendrick withdrew his motion. Councilmember Robertson moved to send this policy back to Committee for their recommendation of a uniform term, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Cheek opposed. C. Consideration of policy regarding voting for nominees to boards and commissions. Councilmember Bolton presented this item in the absence of Chairman McBryde. The recommendation was to adopt Policy 110.1. Councilmember Robertson moved to adopt the policy as recommended, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember McBryde absent. The policy is as follows: POLICY APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES, ETC. Nominations to fill vacancies on City boards and commissions shall be open for a period of two successive regular Council meetings, and unless continued by the majority vote of the City Council, voting on a vacancy shall take place at the second regular Council meeting that nominations are open. 10. REPORT FROM STREETS AND ROADS COMMITTEE. A. Consideration of private street standards. Committee Chairman Kendrick presented this item with a recommendation to have private street standards and set a public hearing for February 28 information meeting. Councilmember Blackwell moved to follow the recommendation, seconded by Councilmember Torrey and carried unanimously 8 to 0. B. Consideration of intersection of Commerce and Robeson Streets. Committee Chairman Kendrick presented this item stating that contact had been made with the NCDOT and at this point nothing can be done to remove the barrels from this area as Councilmember Ross had requested. Councilmember Ross stated that she was not concerned with the barrels, it was the traffic problem at this intersection. Councilmember Kendrick stated that this item would have to be returned to the Committee. 11. APPOINTMENTS: A. Nominations to fill two vacancies on Fair Housing Hearing Board. Councilmember Blackwell nominated Mr. L.D. Jones in the real estate category. There were no nominations made for the attorney category. At this time, City Manager Smith reminded Council of the need for action on the lease-purchase for the computer system under consent item 2E5 that was postponed to later in the meeting. Councilmember Cheek moved to approve the lease-purchase for the computer system, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Robertson voting in opposition. At this time, Councilmember Blackwell inquired as to the committee on the televising of Council meetings. Councilmember Bolton stated he was chairman of the committee and was waiting until after the holidays to move on this. He apologized for the delay and assured Mr. Blackwell that something would be done soon. 12. ADMINISTRATIVE REPORTS A. Statement of taxes collected for the month of December, 1993, from the Cumberland County Tax Collector in the amount $6,303,286.43. 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. C. Report on traffic signal investigation on Street at Levy Street. Committee Chairman Kendrick reported that following contact with NCDOT, there seemed to be no simple solution. DOT recommended placing a police officer at this intersection during the times they are needed. The Committee does not recommend this be done, but to contact them again for consideration of a flashing light and include the request of Methodist College with this request. Traffic Engineer Chalmers stated that he had met with NCDOT and they said the traffic volume was not great enough to warrant a traffic light at this location. Mr. Kendrick requested contact be made to NCDOT again with a request for a letter to be sent to us with their response to this problem, along with Methodist College. D. Report on traffic signal investigation and Ramsey Street at Methodist College South Entrance. This was reported with item 4. E. Discussion of publishing of names of people arrested for drug activity. Reported in the agenda packet. Mayor Dawkins asked if there was anything to be brought before Council before adjournment and Councilmember Ross requested that we remember the people in Los Angeles, California, in prayer because of the earthquake. She added that one of the earthquake investigators had made the comment that if it had not been for the Martin Luther King holiday, there would have been many more deaths of people going to work and being on the highway. There being no further business, the meeting was adjourned upon motion and seconded at 11:00 p.m. INFORMATION MEETING JANUARY 24, 1994 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING REEVES AUDITORIUM METHODIST COLLEGE JANUARY 24, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Breeden Blackwell, Tommy Bolton, Bob Massey, Thelbert Torrey, Suzan Cheek, Mark Kendrick. Members absent: Councilmembers Milo McBryde, Ida Ross, Nat Robertson Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Bob Cogswell, City Attorney Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Mayor J.L. Dawkins called the meeting to order and recognized Rev. Glenn Holt for the invocation. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, council voted unanimously to excuse Councilmembers McBryde, Robertson and Ross. Mayor Dawkins recognized Eldon Hendricks, President of Methodist College who welcomed the City Council to Methodist College campus. Councilmember Bolton, in whose district this meeting is held, also welcomed the audience to this first neighborhood meeting. Upon motion by Councilmember Bolton, seconded by Councilmember Massey, Council voted unanimously to approve the agenda. Mayor Dawkins then opened the public forum, and the following people appeared: Thomas Wright, 5405 Maryland Drive, requested Council to rescind the $31.00 fire inspection fee on foster homes. Marena Groll, 122 Villa Drive, endorsed the rescinding of the $31.00 inspection fee. Martha B. Hayes, 7041 Media Drive, requested that the Council honor Dr. Martin Luther King, Jr., with the naming of a street. Bob Anderson, no address given, endorsed the naming of the central business loop, or some other street for Dr. Martin Luther King. Irani Mohammed, 1220 Elder Street, endorsed the naming of a street for Dr. King or the building of a statue in his honor, and requested continued emphasis on fighting crime. J.C. Davis, 919 Carver Street, asked City Council to do something about the female impersonators downtown. Clara Wright, 5405 Maryland Drive, asked the Council to consider building a swimming pool. Mayor Dawkins then recognized City Manager John Smith, for a discussion of annexation issues. Mr. Smith reviewed the planning process and the factors involved in selecting the areas for each phase. He also discussed the process for placing newly annexed areas into electoral districts and the employment of Consultant Jerry Wilson to assist the city in this process. He also stated that provision of all city services, including police services, would be the same in the newly annexed areas as in the current city limits. Mr. Smith reviewed the public information mailed to newly annexed citizens. The City Manager also listed the proposals from PWC for property owners to pay for utility extensions. He suggested that procedures for collections should be discussed at the upcoming joint meeting with the Public Works Commission. Mayor Dawkins then recognized City Manager Smith for a discussion of proposed bond projects. The City Manager discussed the proposed financing plan. After some discussion of bond projects and priorities, City Manager Smith recommended that his original $26.5 million proposal be increased to $28 million, by increasing street improvements to $16 million, keeping drainage improvements at $8 million, increasing sidewalk improvements to $3 million, leaving the proposed fire station at $1 million and eliminating the $1 million housing improvement bonds. Councilmember Cheek moved to authorize the City Manager to proceed with a $28 million bond issue. This motion was seconded by Councilmember Bolton. Following some discussion, Councilmembers Cheek and Bolton withdrew their motion. Upon motion by Councilmember Massey, seconded by Councilmember Torrey, Council voted unanimously to authorize the City Manager to file a resolution of intent with the Local Government Commission for a bond issue not to exceed $30 million. With the $2 million over, the City Manager has recommended a map be placed in street improvements. Council requested that an item be placed on the agenda for their January 31 meeting to further discuss the amount of the proposed bond referendum. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to adjourn at 9:50 p.m. SPECIAL MEETING MINUTES JANUARY 31, 1994 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING MINUTES JOINT MEETING WITH PUBLIC WORKS COMMISSION CITY HALL, 1ST FLOOR, MULTIPURPOSE ROOM 433 HAY STREET JANUARY 31, 1994 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell, Nat Robertson, Tommy Bolton, Ida Ross, Thelbert Torrey, Suzan Cheek, Mark Kendrick, Milo McBryde. Absent: Robert Massey, Jr. Public Works Commission Members present: Lyndo Tippet, Chairman; Robert C. Williams; Robert O. McCoy. Public Works Commission Members absent: William H. Owen Others Present: Roger L. Stancil, Deputy City Manager Bob Cogswell, City Attorney Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Mayor .L. Dawkins called the meeting to order and welcomed everyone to the meeting. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to approve the agenda. Council next considered the limits for the May 3rd, 1994 bond referendum. Upon motion by Councilmember Cheek, seconded by Councilmember Bolton, Council unanimously adopted resolutions setting the bond referendum for May 3rd, 1994 with a total of $28 million in proposed expenditures. City Council and Public Works Commission then heard a series of reports from PWC directors, as follows: a. Progress on street lighting improvements, by Jim Martin, Director of Electric Systems. b. Review of water/sewerimprovement projects outside the city (county-wide water/sewer issues) by Mick Noland, Director of Water Resources. c. Review of the schedule of tapping fees in lateral charges in connection with annexation by Ray Britt, Director of Finance. d. Review of tap fees/lateral charge financing alternatives for property annex into the city by Ray Britt, Director of Finance. e. Review of administrative procedures in connection with annexation by Mick Noland, Director of Water Resources. f. Review of progress of PWC complex, by James Rose, Director of Support Services. Mr. Rose reviewed both current projects and the proposed administration building. Council and the commission discussed several locations downtown for an PWC administration building or customer service center. A discussion ensued about the possible financial hardships on lower income citizens resulting from the installation of water and sewer during the annexation process. PWC will work individually with the citizens in an effort to minimize any problems. Upon motion by Councilmember Robertson, seconded by Councilmember Bolton, the meeting was adjourned at 9:50 p.m. REGULAR MEETING MINUTES FEBRUARY 7, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 7, 1994 CITY HALL COUNCIL CHAMBER 433 HAY STREET 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); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Thelbert Torrey (District 4) Ida Ross (District 2) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Janet Jones, Deputy City Clerk Mike Walker, City Engineer Louis Chalmers, City Traffic Engineer Al McKenzie, Personnel Director 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 Pastor Sheridan Knight, St. Luke AME Zion, offered the invocation followed by the Mayor leading the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA City Manager John Smith requested that Item 11, a resolution to set a public hearing for an annexation petition, be added to the agenda. Councilmember Bolton moved to approve the agenda as amended, seconded by Councilmember Kendrick, carried unanimously 7 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before action. Councilmember Massey requested to pull Item 2-B and Councilmember Cheek requested to pull Item 2-I for discussion. Councilmember Bolton moved to approve the consent agenda with the exceptions of Items B and I, seconded by Councilmember Robertson. The following items were unanimously approved: A. Approve minutes of regular meeting of January 18, 1994. B. (Pulled for discussion.) C. Adopt Capital Project Ordinance Amendment 94-8. The City has received a grant in the amount of $6,000 from the Florence Rogers Charitable Trust. The funds will be used toward the purchase of materials and other costs connected with the construction of a covered bridge in the J. Bayard Clark Park. D. Approve bid award for purchase of 67 to 25 x 15 kV Power Transformer to Power Supply, Inc, low bidder in the amount of $339,000. (PWC) The bids received were as follows: Power Supply, Inc. (Matthews, NC) $339,000.00 Rigby Electric Supply (Rocky Mount, NC) $340,400.00 National Transformer Sales (Raleigh, NC) $368,609.00 W. R. Daniels & Assoc. (Morrisville, NC) $376,939.00 Magnetek (Waukesha, WI) $390,403.00 WESCO (Raleigh, NC) $446,923.00 E. Approve award of contract for purchase of various transformers. Low bidders are as follows: National Transformer Sales, Inc. $42,600.00 100, 10kVa CSP Transformers Power Supply, Inc. $211,500.00 300, 25kVa CSP Transformers National Transformer Sales, Inc. $56,475.00 75, 50kVa CSP Transformers Scott-Parish Electrical Supply Co. $112,955.00 100, 50kVa Padmounted Transformers Westinghouse Electric Supply Company $68,200.00 50, 75kVa Padmounted Transformers Westinghouse Electric Supply Company $46,470.00 30, 100kVa Padmounted Transformers A list of all bids received are attached to these minutes as Exhibit A. F. Approve the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 439 Turners Lane. (P94-2) G. Adopt ordinance imposing a lien on property located at 925 Deep Creek Road. (Owners: Judith Melvin and Willa Underwood) AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, IMPOSING A LIEN. ORDINANCE NO. NS1994-02. A copy of the foregoing ordinance can be found at the City Clerk's Office in Ordinance Book NS1994. H. Approve award of contract for purchase of 3 cab and chassis for sanitation rear loaders to Smith International Truck Center in the amount of $113, 384.86 (TWO Cab and chassis) and Southern Truck Service, Inc., in the amount of $72,117 (ONE cab and chassis) as lowest responsible bidders. Smith International was the lowest responsible bidder for the two standard cab and chassis; Southern Truck was the only bidder on the dual steering cab and chassis. I. (Pulled for discussion.) B. Adopt resolution designating various banks and savings and loan associations as official depositories of City funds. Councilmember Massey requested that First Citizens Bank and Trust Company be added to the list of official depositories for the City of Fayetteville. Councilmember Bolton moved to approve the resolution as amended, seconded by Councilmember Robertson, carried unanimously 7 to 0. RESOLUTION. RESOLUTION NO. R1994-11. A copy of the foregoing resolution can be found at the City Clerk's Office in Resolution Book R1994. I. Approve municipal agreements with N.C. DOT for railroad crossing signal improvements at the following: 1. McPherson Church Road at Raeford Road 2. Aberdeen & Rockfish Railroad Crossing 847 200B. Councilmember Cheek asked for clarification as to the number of crossing signals involved in this agreement. Mr. Chalmers stated only one signal was involved. Councilmember Cheek moved to approve the agreement, seconded by Councilmember Robertson, carried unanimously 7 to 0. See Exhibit B, Certified Copy of Resolution which is attached and made a part of these minutes. 3. PUBLIC HEARINGS Mayor Dawkins read the policy on the time limit on speaking on public and non-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 Lynn Avenue. Louis Chalmers presented this item. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:15 p.m. and there being none present to be heard on this matter, the public hearing was closed. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1994-3. Councilmember Kendrick moved to approve the foregoing ordinance, seconded by Councilmember Bolton, carried unanimously 7 to 0. A copy of the foregoing ordinance can be found in the City Clerk's Office in Ordinance Book NS1994. B. Consideration of adoption of resolution confirming assessment roll and levying assessments for the improvement of Damascus Road (from Sycamore Dairy Road to S/E Corner of Cashwell Property). This item was presented by City Manager John Smith. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:18 p.m. and there being none present to be heard on this matter, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1994-12. Councilmember Bolton moved to approve the foregoing resolution, seconded by Mayor Pro-Tem Blackwell, carried unanimously 7 to 0. A copy of the foregoing resolution can be found in the City Clerk's Office in Resolution Book R1994. 4. Consideration of request to address City Council from Dr. Menno Pennick. Dr. Menno Pennick addressed the Council regarding the historic downtown area of Fayetteville and stated he felt it would be beneficial to have the joint support of the County Commissioners, City Council, Fayetteville Area Chamber of Commerce, FAHEDC, and Olde Fayetteville Association for downtown development. Dr. Pennick set out the following objectives: 1. Keep all office/governmental buildings in the historical downtown perimeter. 2. Provide better traffic and transportation, particularly parking in the downtown area. 3. Make Social Services Building into a convention center. 4. Put new Police headquarters in close vicinity to the Prince Charles. 5. Encourage people to live in the downtown area. 6. Help change the perception and image of the downtown by the use of billboards. 7. Help develop and support theme for the downtown area. His suggestion is an antique mall. 8. Revisit previous master plans for the downtown, particularly the Farmer's Market. 9. Develop all possibilities of Amtrak station. A discussion ensued regarding exactly what the City could do. Dr. Pennick again restated his position that he was only asking for the joint support of all entities involved in the downtown area. The Council instructed the staff to meet with Dr. Pennick and other interested parties to formulate a suggested plan of action for presentation to the Council at the next meeting. 5. Consideration of adoption of resolution reaffirming policy on equal employment opportunity for the City of Fayetteville. This item was presented by City Manager John Smith. RESOLUTION REAFFIRMING POLICY ON EQUAL EMPLOYMENT OPPORTUNITY FOR THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1994-13. Councilmember Robertson moved to adopt the foregoing resolution, seconded by Councilmember Bolton, carried unanimously 7 to 0. A copy of the foregoing resolution can be found in the City Clerk's Office in Resolution Book R1994. 6. Consideration of street lighting priority list. City Manager John Smith presented this item. He stated the list being presented was the City's priority list of future street lighting projects, and their selection had been based on concern for crime and safety. Mr. Smith informed the Council that they could either endorse the list tonight or could wait until the cost of each project had been determined. A discussion ensued. Councilmember Kendrick inquired about the Owen Drive/All-American Expressway intersection. Mr. Smith stated he would get back to him with a copy of a report on this area. Councilmember Cheek asked for the CBD Loop and Ramsey Street area to be looked at for lighting. She also inquired about the Cedar Creek/I-95 bridge area. Mr. Smith stated that this was a separate project and progress was being made at this time. Councilmember Bolton moved to approve the list as presented, seconded by Councilmember Cheek, carried unanimously 7 to 0. 5. Readdressed Councilmember Massey requested to discuss Item 5, Affirmative Action Report for 1993-94, at this time. He asked for clarification on what the City had done to hire more females and minorities. City Manager John Smith and Personnel Director Al McKenzie reported the following highlights of the Affirmative Action Report for 1993-94. 1. Identified in previous reports as the City's top affirmative action priority has been increasing total female representation. This priority was addressed. The City's total employment increased by 11, white females increased by 11 and other minority females increased by 3. The increase in the number of females exceeded our total increase. 2. A second priority has been to maintain total minority representation at a level which exceeds the parity threshold. This, too, was achieved. A small decrease in the percentage did occur (38.5% to 37.9%), but the result still keeps us significantly above the parity threshold (35%). 3. The third priority was to increase female and minority representation in the following Equal Employment Opportunity job categories: Officials/Administrators, Professionals, Technicians, and Protective Services. Some noteworthy progress occurred here, but key losses diminished the statistical impact. 4. An unpublished priority was to obtain a higher level of commitment by department heads to the Affirmative Action goals of the city. This year the department heads have submitted ambitious projections which, when combined for the city roll-up, reflects a strong commitment for the organization. Mr. Smith restated the City's objective of providing opportunities for females and minorities to enter our recruitment process with better preparation. He explained the City is arranging, through Fayetteville Technical Community College a pre-employment preparatory class for applicants interested in employment opportunities in the Fire Department. He also informed the Council that the Police Department was now actively recruiting applicants who had not graduated from the Basic Law Enforcement Training (BLET) class in an effort to meet the City's objectives in the law enforcement area. 7. Consideration of Adoption of 20 Resolutions stating the intent of the City of Fayetteville, N.C., to consider annexation of the areas described therein, and fixing the date of public hearing on the question of annexation (Recommended Public Hearing Date is April 18, 1994). Deputy City Manager Roger Stancil presented this item. A. Area 101-A: Northwood Office Plaza-Ramsey Street 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. R1994-14. B. Area 107: Northgate Shopping Center (Wal-Mart)- Ramsey Street 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. R1994-15. C. Area 108: Townhouse Lane-Green Valley Road Area 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. R1994-16. D. Area 110: Southview Circle (Central Portion) 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. R1994-17. E. Area 111-A: Rosehill Road-McArthur Road Area 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. R1994-18. F. Area 112-: Bowden Road-Harbor Road Area 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. R1994-19. G. Area 113-A: Ramsey Street-West Side-Between McArthur Road and Mid-South Insurance 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. R1994-20. H. Area 114-A: McArthur Road-Walker Street Area 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. R1994-21. I. Area 117: Country Club Drive at Gables Drive 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. R1994-22. J. Area 122: Darden Property-North of Bromsworth Trail 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. R1994-23. K. Area 211: 100 Westlake Road-National Career Centers 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. R1994-24. L. Area 311: Skibo Road-Cliffdale Road Area 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. R1994-25. M. Area 302: Ireland Drive-Raeford Road Area 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. R1994-26. N. Area 303: Faison Avenue-John Marshall Road - Raeford Road Area 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. R1994-27. O. Area 401: Ferndale Lane Island Area 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. R1994-28. P. Area 402: Rear Parking Lot of Burger King Property-2209 Gillespie Street 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. R1994-29. Q. Area 404: The Carrolton of Fayetteville (Rest Home)-2743 Legion Road 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. R1994-30. R. Area 405: Fayetteville Generals Office-2823 Legion Road-North of Riddle Stadium 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. R1994-31. S. Area 406: Camden Road-Southern Avenue Area 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. R1994-32. T. Area 501: Cedar Creek Road Area (Includes southern portion of Len-Care Rest Home, plus office building at 1208 Cedar Creek Road) 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. R1994-33. Councilmember Kendrick moved to approve the foregoing resolutions, seconded by Councilmember Cheek, carried unanimously 7 to 0. Copies of the foregoing resolutions can be found at the City Clerk's Office in Resolution Book R1994. 8. Consideration of the following General Public Improvement Bond Issues: John Smith presented these items. He noted that a change would have to be made in each of the orders to indicate that Janet Jones was Deputy City Clerk and present instead of Bobbie Joyner. A. Consideration of Introduction of Bond Order Authorizing $16,000,000 Street Improvement Bonds. Councilmember McBryde moved to approve the bond order, seconded by Councilmember Bolton, carried unanimously 7 to 0 with Councilmembers Torrey and Ross absent. B. Consideration of Introduction of Bond Order Authorizing $8,000,000 Storm Drainage Improvement Bonds. Councilmember Robertson moved to approve the bond order, seconded by Councilmember McBryde, carried unanimously 7 to 0 with Councilmembers Torrey and Ross absent. C. Consideration of Introduction of Bond Order Authorizing $3,000,000 Sidewalk Improvement Bonds. Councilmember Cheek moved to approve the bond order, seconded by Councilmember Massey, carried unanimously 7 to 0 with Councilmembers Torrey and Ross absent. D. Consideration of Introduction of Bond Order Authorizing $1,000,000 Fire Station Bonds. Councilmember McBryde moved to approve the bond order, seconded by Councilmember Kendrick, carried unanimously 7 to 0 with Councilmembers Torrey and Ross absent. E. Consideration of motion designating the Finance Director to make and file with the City Clerk a sworn statement of debt pursuant to the Local Government Bond Act. Councilmember Massey moved to approve the bond order, seconded by Mayor Pro-Tem Blackwell, approved unanimously 7 to 0 with Councilmembers Torrey and Ross absent. F. Consideration of motion setting a public hearing on the Bond Orders for February 22, 1994. Councilmember McBryde moved to approve the bond order, seconded by Councilmember Kendrick, approved unanimously 7 to 0 with Councilmembers Torrey and Ross absent. It was adopted that February 22, 1994 is the regular City Council meeting in February by City Ordinance. 9. APPOINTMENTS A. Nominations to fill two vacancies on Fair Housing Hearing Board. Councilmember Robertson moved to appoint L. D. Jones to the Fair Housing Board, seconded by Mayor Pro-Tem Blackwell, carried unanimously 7 to 0. No nominations were made to fill the Attorney vacancy. 10. ADMINISTRATIVE REPORTS A. Statement of taxes collected for the month of January, 1994, from the Cumberland County Tax Collector. 1993 Taxes $4,087,537.09 1993 Vehicle Taxes $134,089.53 1993 FVT $19,433.04 1992 Taxes $31,082.95 1992 FVT $123.74 1991 Taxes $13,300.30 1991 FVT $12.97 1990 Taxes $6,543.12 1989 & Prior Real and Personal Taxes $624.63 Total Interest $15,642.48 TOTAL COLLECTIONS $4,308,389.85 B. Update on Urban Standards. City Manager John Smith reported on this matter. He reported that the Planning Board's Operations Committee had met concerning urban standards. A proposal was made at this meeting to reduce the curb and gutter requirements. He asked the Council for clarification of their position. The Council restated their original position requiring concrete curbs and gutters to be used in the proposed urban service district and therefore instructed the staff to so inform the Planning Board's Operations Committee of their position. 11. Consideration of a Resolution of the City Council of the City of Fayetteville Pursuant to North Carolina General Statute 160A-31(C) for a Petition for Annexation of Peaden Property (6355 Ramsey Street) This item was presented by City Manager John Smith. He stated that this petition for annexation had just been received and that they were requesting that a public hearing be set for the 22nd day of February, 1994. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO NORTH CAROLINA GENERAL STATUTE 160A-31(C). RESOLUTION NO. R1994-34. Councilmember Bolton moved to approve the foregoing resolution, seconded by Councilmember Kendrick, carried unanimously 7 to 0. A copy of the foregoing resolution can be found in the City Clerk's Office in Resolution Book R1994. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Bolton, carried unanimously 7 to 0. The meeting was adjourned at 8:45 p.m. SPECIAL MEETING MINUTES JOINT MEETING WITH PLANNING BOARD FEBRUARY 8, 1994 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING MINUTES JOINT MEETING WITH PLANNING BOARD CITY HALL, 1ST FLOOR, MULTIPURPOSE ROOM 433 HAY STREET FEBRUARY 8, 1994 5:30 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, Nat Robertson, Tommy Bolton, Thelbert Torrey, Suzan Cheek, Mark Kendrick, Milo McBryde. Absent: Robert Massey, Jr. Planning Board Members present: Bob McNeill, Chairman; Steve Shaw; George Glann; Peggy Vick; Bill Tew; Gerald Craver. 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 George Vaughan, Planning Director Al Mitchell, Deputy Planning Director Mayor Pro-Tem Breeden Blackwell called the meeting to order and introduced Mr. Vaughan. Mr. Vaughan introduced the members of the planning board and planning staff and also introduced the City Manager and his staff. Mr. Vaughan then presented an overview of total quality management for the planning department and an overview of current services provided to the city. He stated that the purpose of the discussion was to ask Council what they needed from the planning board and from the planning staff. Members of the City Council and the planning board then discussed these questions. Discussion centered on the reallocation of time and resources among planning staff to provide for the needs of the city and to allow more time for planning rather than rezoning. Suggestions were made for the better coordination of such organizations as the Appearance Commission and the Historic Resources Commission with the activities of the Planning Board. It was also suggested that these issues be presented to the City-County Liaison Committee. The group reached consensus that they should meet again in May to discuss progress in the reallocation of resources. Mr. Vaughan suggested that the planning staff make a presentation to Council on the 2010 plan at the regular Council Information Meeting on the 4th Monday night in March. There, being no further business, the meeting adjourned at 6:55 p.m. REGULAR MEETING MINUTES FEBRUARY 22, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET FEBRUARY 22, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Michael L. Walker, City Engineer Louis A. Chalmers, Jr., City Traffic Engineer 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 Frank VanHaelst, of the Fayetteville Community Church, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. Reconsideration of proposed Cliffdale-All American Expressway Interchange. (Requested by Councilmember Suzan Cheek) Councilmember Cheek moved to add this item to the agenda as Item 4.C., seconded by Councilmember Ross and carried unanimously 9 to 0. 2. APPROVAL OF AGENDA Mayor Pro-Tem Blackwell asked to add an update on the televising of City Council meetings as Item 14.D. City Attorney Robert Cogswell asked to add an executive session for the purpose of discussing the employment of an independent contractor as Item 14.E. Councilmember Bolton moved to approve the agenda with the addition of Items 4.C., 14.D., and 14.E., seconded by Councilmember McBryde and carried unanimously 9 to 0. 3. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. The following items were pulled for discussion: Items G and O by Councilmember Kendrick, Item F by Councilmember Torrey, Item B by Councilmember Cheek, and Item R by Mayor Pro-Tem Blackwell. Councilmember Bolton moved to approve the consent agenda with the exception of Items B, F, G, O, and R, seconded by Councilmember Massey and carried unanimously 9 to 0. A. Approve minutes of information meeting of January 24, 1994. B. (PULLED FOR DISCUSSION) C. Approve minutes of special joint meeting with Planning Board of February 8, 1994. 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. Approve award of Contract to Audit Accounts for annual audit for the year ending June 30, 1994, to Cherry, Bekaert & Holland, CPAs, in the amount of $68,000.00. F. (PULLED FOR DISCUSSION) G. (PULLED FOR DISCUSSION) H. Approve award of contract for purchase of 130,000 feet of 4/0 URD Triplex Cable to Rigby Electric Supply, low bidder in the amount of $109,590.00. (PWC) Bids received were as follows: Bidders Total Price *Rigby Electric, Rocky Mount, NC $109,590.00 Eastern Electric, Raleigh, NC $113,087.00 Tennessee Valley, Charlotte, NC $119,402.40 WESCO, Raleigh, NC $115,830.00 Power Supply, Matthews, NC $116,870.00 I. Approve award of contract for purchase of 30,000 feet of 750 MCM URD Primary Power Cable from WESCO, low bidder in the amount of $113,250.00. (PWC) Bids received were as follows: Bidders Total Price *WESCO, Raleigh, NC $113,250.00 Eastern Electric, Raleigh, NC $127,260.00 Scott-Parish Electric, Raleigh, NC $125,510.40 Rigby Electric Supply, Rocky Mount, NC $125,400.00 J. Set public hearing for March 21, 1994, to consider amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, Section 32-29, C1P Shopping Center District by deleting mini-warehouse as a permitted use. (P94-10) K. Set public hearing for March 21, 1994, to consider revisions and amendments to the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(9) by changing the period at the end thereof, to a comma, and adding the following words: "including retail sales and concessions of food, beverages, and merchandise related to the activities such as clothing and equipment, as approved by the public body." (P94-15). L. Set public hearing for March 21, 1994, to consider an application for a Special Use Permit as provided for by Article IV, Section 32-32(1) to allow mini-warehousing in a C3 Heavy Commercial District for an area located at 3525 Murchison Road. (P94-17) M. Adopt resolution approving the renewal of lease agreement with The Women's Center of Fayetteville for space in the Transit Information Center Building. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY TO THE WOMEN'S CENTER OF FAYETTEVILLE. RESOLUTION NO. R1994-35. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. N. Adopt resolution setting a public hearing for March 21, 1994, to consider the closing of a portion of Talbot Circle and a portion of an unnamed street between Talbot Circle and Breece Drive. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF TALBOT CIRCLE AND A PORTION OF AN UNNAMED STREET BETWEEN TALBOT CIRCLE AND BREECE DRIVE. RESOLUTION NO. R1994-36. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. O. (PULLED FOR DISCUSSION) P. Approve Lease Purchase Agreement for purchase of five lifts to Niecon, Inc., DBA Carolina Mohawk, lowest responsible bidder in the amount of $48,185.57. The bid from Mohawk South was rejected because the vendor did not submit a bid bond or bid deposit. This submission was not the low bid. Q. Approve Lease Purchase Agreement for purchase of mobile sound stage to Century Industries, Inc., lowest responsible bidder in the amount of $74,388.00. Bids received were as follows: Bidders Total Price *Century Industries, Inc. $74,388.00 Wenger Corporation $77,970.00 R. (PULLED FOR DISCUSSION) S. Referral of planning process changes to City-County Liaison Committee. B. Approve minutes of joint meeting with Public Works Commission of January 31, 1994. Councilmember Cheek requested that the minutes of the joint meeting with PWC be amended to reflect that PWC will be working on a case-by-case basis with low-income families to help them deal with the financial hardships which may result from the addition of water and sewer during the annexation process. F. Approve amendment to Article III, Chapter 2 of the Fayetteville City Code. Councilmember Torrey expressed his support for the inclusion of military representatives on the Fayetteville Human Relations Commission. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING ARTICLE III, SECTION 2-25, SUBSECTION (b), MEMBERSHIP AND APPOINTMENT, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1994-001. Councilmember Torrey moved to adopt the foregoing ordinance, seconded by Councilmember Massey and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1994. G. Approve Amendment to Interlocal Agreement for Human Services Transportation Services. Councilmember Kendrick asked for clarification on this item. City Manager John Smith stated that this particular agreement assured the City would be adequately compensated for any services provided. Councilmember Kendrick moved to approve the amendment to the Interlocal Agreement, seconded by Councilmember Bolton and carried unanimously 9 to 0. O. Authorize advertisement for upset bids for the sale of surplus property at the northwest corner of Vogel Drive and Eufaula Street. A discussion was held regarding selling property on Eufaula Street at this point in time and considering the current problem in that area. Mr. Smith explained that the property was to be used as a parking lot by a church. The possibility of leasing the property was discussed. Councilmember Kendrick moved to authorize the advertisement for upset bids, seconded by Mayor Pro-Tem Blackwell and carried unanimously 9 to 0. R. Refer to Streets and Roads Committee the streets proposed for resurfacing for FY93-94. Mayor Pro-Tem Blackwell requested that Davis Court be added to the list for paving. Councilmember Kendrick stated this proposal was for resurfacing only and Davis Court was on the bond list for streets to be constructed. City Engineer Mike Walker informed the Council that Davis Court had been placed first on the list for paving under the Bond Referendum. Mayor Pro-Tem Blackwell moved to approve the referral of the proposed resurfacing list to the Streets and Roads Committee, seconded by Councilmember Kendrick and carried unanimously 9 to 0. 4. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit on speaking on public and non-public hearings. A. Consideration of the ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-Initiated Contiguous Annexation Area)-Peaden Property-6355 Ramsey Street. Deputy City Manager Roger Stancil presented this item. He advised the Council this was a petition annexation for the purpose of extending sewer to the restaurant located on the property. He corrected the total real value of the property from $250,855.00 to $109,907.00 and stated this property was located in the proposed, but not formally approved, right-of-way plan for US 13, and that the North Carolina Department of Transportation had been advised of the annexation. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:40 p.m. Mr. J. R. Peaden expressed his desire to be annexed into the City. There being no one else present to be heard on this matter, the public hearing was closed at 7:41 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (PEADEN PROPERTIES, 6355 RAMSEY STREET). ANNEXATION ORDINANCE NO. 94-02-377. Mayor Pro-Tem Blackwell moved to adopt the foregoing ordinance, seconded by Councilmember Bolton and carried unanimously 9 to 0. A copy of the foregoing annexation ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1994. B. Consideration of the orders entitled Order Authorizing $16,000,000 Street Improvement Bonds, Order Authorizing $8,000,000 Storm Drainage Improvement Bonds, Order Authorizing $3,000,000 Sidewalk Improvement Bonds, Order Authorizing $1,000,000 Fire Station Bonds. This item was presented by City Manager John Smith. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:42 p.m. Mr. Clinton Harris spoke in opposition to the Bond Referendum. There being no one else to be heard, the public hearing was closed at 7:47 p.m. C. Reconsideration of proposed Cliffdale-All American Expressway Interchange. (Requested by Councilmember Suzan Cheek.) Councilmember Cheek stated that her request for the reconsideration of this item was based on the current availability of extensive design and impact information which had been completed since the issue was first considered by the Council. Rick Heicksen of the Planning Department presented an overview of the Cross Creek Mall Area Traffic Congestion Management Plan. He advised Council that the future development of 125 acres of commercial/industrial property and 18 acres of residential property will have a critical impact on traffic flow in this area. The proposed interchange will keep the traffic flowing in an efficient manner. A discussion ensued regarding the design of the interchange and the proposed seven-lane portion of the Glensford Road extension. Mayor Pro-Tem Blackwell asked that handouts, maps, and all other information be made available to the public on March 7, 1994. Councilmember Cheek inquired about the probability of five lanes on Cliffdale Road. Mr. Heicksen stated that in his opinion as a Traffic Planner, the traffic volume did not support a five-lane road. However, the state would make the final determination on this project. Councilmember Cheek moved to schedule a public hearing on March 7, 1994, to include the presentation of all information which was available at this meeting, a discussion of the design strategy to be used for buffering of the neighborhood (all four corners) from traffic noise, and a discussion of the interchange design, seconded by Councilmember Bolton and carried unanimously 9 to 0. 5. Consideration of the following bond issues: A. Consideration of Second Reading and final passage of Bond Order authorizing $16,000,000 Street Improvement Bonds. This item was presented by City Manager John Smith. He recommended the adoption of the $16,000,000 Street Improvement Bonds with the understanding if the proposed widening of Cliffdale Project should be state funded, the funds allocated for that project would be used for resurfacing and reconstruction of local City streets. Councilmember Bolton moved to authorize the $16,000,000 Street Improvement Bonds, seconded by Councilmember Torrey and carried unanimously 9 to 0. B. Consideration of Second Reading and final passage of Bond Order authorizing $8,000,000 Storm Drainage Improvement Bonds. Councilmember Bolton moved to authorize the $8,000,000 Storm Drainage Improvement Bonds, seconded by Councilmember Kendrick and carried unanimously 9 to 0. C. Consideration of Second Reading and final passage of Bond Order authorizing $3,000,000 Sidewalk Improvement Bonds. Councilmember Cheek moved to authorize the $3,000,000 Sidewalk Improvement Bonds, seconded by Councilmember Massey and carried unanimously 9 to 0. D. Consideration of Second Reading and final passage of Bond Order authorizing $1,000,000 Fire Station Bonds. Councilmember McBryde moved to authorize the $1,000,000 Fire Station Bonds, seconded by Councilmember Kendrick and carried unanimously 9 to 0. E. Consideration of adoption of resolution calling a Special Bond Referendum. City Manager John Smith presented this item. He requested that the Cross Creek No. 11 voting precinct be changed to Massey Hill Recreation Center, Camden Road, and Cross Creek No. 20 be changed to Mary McArthur School, Village and Ireland Drives. Mr. Smith's recommendation was adoption of this resolution with the aforementioned changes. A RESOLUTION CALLING FOR A SPECIAL BOND REFERENDUM. RESOLUTION NO. R1994-37. Councilmember Kendrick moved to adopt the resolution with the aforementioned changes, seconded by Councilmember Torrey and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. 6. PLANNING BOARD ITEMS: A. 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 2933 Breezewood Avenue. (P94-16) This item was presented by Al Mitchell, Assistant Planning Director. Mr. Mitchell stated that the Planning Board recommended a C1A. In response to a question by Councilmember Bolton, Mr. Mitchell stated that the staff recommended P2. He advised the Council a public hearing would be necessary to zone this property anything other than C1A. Councilmember Kendrick moved to set a public hearing for March 21, 1994, seconded by Councilmember Bolton and carried unanimously 9 to 0. 7. Consideration of request to address City Council from Charles Edward Evans. Mr. Charles Edward Evans addressed the Council regarding a memorial to Dr. Martin Luther King. He suggested to Council that City Hall be named Dr. Martin Luther King Municipal Building. Mayor Dawkins thanked Mr. Evans for his suggestion and advised him that the Council would take it under consideration. 8. Consideration of request to address City Council from Harvey Fleishman. Mr. Harvey Fleishman addressed the Council and requested a six-month extension to bring 107 Hay Street up to code. He stated there were two possible buyers for the property and an extension would give him time to take care of this matter. A discussion ensued with Council asking Mr. Fleishman questions regarding the progress he has made on his property. Councilmember McBryde moved to grant Mr. Fleishman the six-month extension running from February 15, 1994, to August 15, 1994, seconded by Councilmember Ross. Mr. Frank Simpson, Inspection Director, gave the Council background on the property. He expressed his concerns regarding the condition of the property at this current time. Mayor Pro-Tem Blackwell asked Mr. Fleishman to make a good-faith effort to clean the debris out of the building. Mr. Fleishman agreed to have the debris cleaned out in three weeks. Councilmember Kendrick offered a substitute motion for an extension of 90 days rather than six months. He expressed his concern over the liability of the City. Councilmember Robertson seconded the motion. Councilmember McBryde withdrew his original motion for a six-month extension. Mayor Dawkins called for a vote on the 90-day extension and it carried unanimously 9 to 0. 9. Consideration of request from The Women's Center of Fayetteville. Richard Herrera, Community Services Director, presented this item. He recommended the approval of the request for $20,000.00 to be used for the purchase of materials to rehabilitate a building located at 228 Hay Street. Councilmember Kendrick moved to approve the request, seconded by Councilmember Bolton and carried unanimously 9 to 0. 10. Consideration of resolution of consideration for annexation (Readoption of previously approved area, merger of Hollywood Heights Area, and addition of areas currently proposed in Annexation Plan but not currently identified as being under consideration) Deputy City Manager Roger Stancil presented this item. He reminded Council that North Carolina General Statutes require a renewal of annexation areas every two years. The last resolution was adopted in March of 1992. This resolution includes all areas of the four phases of annexation planned by the City. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IDENTIFYING THE AREA DESCRIBED HEREIN AS BEING UNDER CONSIDERATION FOR FUTURE ANNEXATION. RESOLUTION NO. R1994-38. Councilmember McBryde moved to adopt the foregoing resolution, seconded by Councilmember Ross and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. 11. Consideration of contract for commercial refuse collection for FY 94-95. Councilmember Bolton moved to extend the existing contract, seconded by Councilmember Kendrick. Councilmember Cheek expressed her discomfort in renewing this contract on an annual basis without a bid process. She requested that a meeting be held sometime this year regarding a multi-year strategy and phasing of the solid waste services. Mr. Smith responded he felt this contract had worked well and had been a smooth operation. It has been a learning process and it is his plan to bid these services in the future on a three- to five-year basis subject to an annual renewal. Councilmember Robertson stated he intended to vote against the renewal of this contract because in his opinion it should be done by the bid process. Mayor Dawkins called for a vote on the motion and it carried by a vote of 8 to 1 with Councilmember Robertson voting against. 12. Consideration of proposed lease assumption and follow-on Agreement for Fixed Base Operations at Fayetteville Regional Airport. Airport Manager Tom Ray presented this item. He explained that Ms. Nancy Faubel, a certified minority fixed-base operator, wants to take over the lease of Rogers Aviation, which is a limited FBO and expires June 30, 1994. Councilmember McBryde moved to approve the lease assumption, seconded by Councilmember Robertson and carried unanimously 9 to 0. 13. Consideration of request from Appearance Commission regarding proposed greenways. Councilmember Bolton moved to refer this request to the Parks and Recreation Advisory Commission with a report to be made on March 21, 1994, seconded by Councilmember McBryde and carried unanimously 9 to 0. 14. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. No nominations were made. B. Nominations to fill one vacancy on Fair Housing Hearing Board. No nominations were made. C. Nominations to fill seven vacancies on Human Relations Commission. Councilmember McBryde nominated Leslie Kiewra, Alphonso McCoy, Terry Allan, and Dr. Emma Greene for a second term. Mayor Pro-Tem Blackwell nominated Richard Culbreth and Ander J. Dunham. Councilmember Cheek nominated Sandy Switzer. Councilmember McBryde moved to accept the nominations, seconded by Councilmember Massey and carried unanimously 9 to 0. D. Report on televising City Council meetings. An update was presented to the Council, with an assurance the Committee will have a presentation as soon as a plan has been thoroughly researched. E. Executive Session Councilmember Kendrick moved to enter an Executive Session for the purpose of discussing the employment of an independent contractor, seconded by Councilmember Bolton and carried unanimously 9 to 0. The Executive Session began at 9:35 p.m. and closed at 9:55 p.m. 15. ADMINISTRATIVE REPORTS: A. 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. B. Report on traffic signal system. Report is in agenda packet. C. Report on status of downtown building condemnations. Report is in agenda packet. D. Update on urban services. Report is in agenda packet. E. Update on zoning sign issue. Report is in agenda packet. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Robertson and carried unanimously 9 to 0. The meeting was adjourned at 10:01 p.m. INFORMATION MEETING MINUTES FEBRUARY 28, 1994 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET FEBRUARY 28, 1994 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 Absent: Councilmember Nat Robertson Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order and recognized Councilmember Ross for the invocation. Mayor Dawkins then led the audience in the Pledge of Allegiance to the American Flag. Upon motion by Councilmember Bolton, seconded by Councilmember Massey, Council voted unanimously to excuse Mr. Robertson from this meeting. City Attorney Bob Cogswell requested an executive session to discuss qualifications of contractors and litigation. Upon motion by Councilmember Kendrick, seconded by Councilmember Cheek, Council voted unanimously to add this as Item 4 to the agenda. Upon motion by Councilmember McBryde, seconded by Councilmember Kendrick, Council voted unanimously to approve the agenda as revised. Upon motion by Councilmember Cheek, seconded by Councilmember Massey, Council voted unanimously to approve the request from the University of North Carolina Center for Public Television for a letter supporting their application for grant moneys to be used for construction of broadcast transmission facilities near Lumberton. Council directed the City Manager to prepare this letter. Council then opened a public hearing for the purpose of considering private street standards. Mayor Dawkins recognized City Manager John Smith for a presentation of those standards accompanied by a slide presentation from Assistant City Manager Jimmy Teal. Council then spent some time clarifying the standards among themselves. Speaking for the proposed standard were developers and private engineers Calvin Riddle, Buzz Lloyd, Dohn Broadwell, Walter Moorman, Dave Averitt. Speaking on the problems of private streets was Jeff Luedecke, a resident of Stone Bridge Subdivision. Councilmember Cheek then moved to request the City Attorney to recommend disclosure standards for private streets and how and where those standards must be recorded and to refer private street standards to the City-County Liaison Committee for the purpose of developing the same standards as used in the urban service district. Councilmember Massey seconded this motion. After some discussion Councilmember Cheek withdrew her motion and Councilmember Massey withdrew his second. Upon motion by Councilmember Bolton, seconded by Councilmember Blackwell, Council voted unanimously to set a public hearing on the proposed ordinance as soon as legally possible with the adopted ordinance then brought forth to the Liaison Committee. Council also asked staff to address the other petitions presented to Council and bring them back for consideration. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to convene into executive session. Following the executive session, City Attorney Bob Cogswell recommended that Council reject the bids of C.P. Garner Construction Company for the construction of three recreation centers on the basis of Architect Bob Shuller's recommendations and findings and authorize staff to negotiate with the next low bidders on those centers. Upon motion by Councilmember Ross, seconded by Councilmember Bolton, Council voted unanimously to follow the City Attorney's recommendation. City Attorney Bob Cogswell then recommended that in the matter of the JU-BE Property the City settle for $6500 for acquisition of right-of-way. Upon motion by Councilmember Cheek, seconded by Councilmember Blackwell, Council voted unanimously to follow the City Attorney's recommendation. Upon motion by Councilmember McBryde, seconded by Councilmember Bolton, Council voted unanimously to adjourn at 10:05 p.m. REGULAR MEETING MINUTES MARCH 7, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MARCH 7, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Richard Herrera, Community Services Director Kai Nelson, Finance Director William T. Ray, Airport Manager (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Dr. Richard A. Byrd, Pastor of Immanuel Baptist Church, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA City Manager John Smith requested Council add Item 2.I, the minutes for the February 22, 1994, meeting. He also requested that Item 7 be removed. Councilmember Bolton moved to approve the agenda with the addition and deletion, 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 Cheek requested to pull Item 2.A. and Councilmember Torrey requested to pull Item 2.G. Councilmember Bolton moved to approve the consent agenda with the exceptions of A and G, seconded by Councilmember Kendrick. The following items were unanimously approved 9 to 0: A. (PULLED FOR DISCUSSION) B. Set public hearing for April 4, 1994, to consider allocation of Community Development Block Grant funding for fiscal year 1994-1995. C. Approve request from Contraves SSI for reduction in Letter of Credit from $1,878,000 to $950,000. D. Approve award of contract for construction of Carvers Creek/Kelly Springfield Outfall to Frank Horne Construction Co., Inc., low bidder, in the amount of $528,361.50. (PWC) Frank Horne Construction Co., Inc. $528,361.50 Fairbluff, North Carolina ES&J Enterprises, Inc. $589,877.00 Autryville, North Carolina B.R.S., Inc. $880,910.00 Richfield, North Carolina T. A. Loving Company $915,091.00 Goldsboro, North Carolina R. H. Moore Co., Inc. $997,081.19 Murrells Inlet, South Carolina Dellinger, Inc. $1,040,042.90 Monroe, North Carolina State Utility Contractors, Inc. $1,154,866.50 Monroe, North Carolina Marlboro Construction Co. $1,220,454.00 Bennettsville, North Carolina E. Set public hearing for April 4, 1994, to consider the rezoning from C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the north side of Owen Drive, West of Gillespie Street. (P94-24) F. Set public hearing for April 4, 1994, to consider an application by Donald E. Manta of Bobbitt and Associates for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-32, to allow warehousing and wholesaling operations in a C3 Heavy Commercial District for an area located at 4214 Murchison Road. (P94-25) G. (PULLED FOR DISCUSSION) H. Set public hearing for March 21, 1994, to consider an increase in bus fares. I. Approve minutes of regular meeting of February 22, 1994. A. Approve minutes of regular meeting of February 7, 1994. Councilmember Cheek requested the staff to refer to Item 4, the presentation on downtown needs, and come back to the Council with a report on what the City can do to encourage downtown development. Councilmember Cheek moved to approve the minutes, seconded by Councilmember Torrey and carried unanimously 9 to 0. G. Approve the rezoning from R5A Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 2720 Murchison Road. (P94-28) Councilmember Torrey inquired as to whether the adjacent owners had been given sufficient notice of this rezoning. Mr. Heickson of the Planning Department explained this parcel was vacant with plans for the construction of a funeral home, notice had been sent out, and the Planning Board unanimously approved the rezoning of this parcel of land. Councilmember Torrey moved to approve the rezoning, seconded by Mayor Pro-Tem Blackwell and carried unanimously 9 to 0. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit on speaking at public and non-public hearings. A. Consideration of revision of thoroughfare plan - addition of All American Expressway Interchange at Cliffdale Road. After discussion by Council regarding the length of the public hearing and the number of speakers signed up, Councilmember Cheek moved to extend the time allowed for public input to 30 minutes per side with a 3-minute limit per person giving the chair the option to extend the time if necessary in order that everyone could speak who had signed up, seconded by Councilmember Ross and carried unanimously 9 to 0. Mr. Rick Heicksen of the Planning Department presented this item. He explained the purpose of this meeting was to consider the amendment of the thoroughfare plan through adding an interchange at the All American Expressway and Cliffdale Road. If the interchange is added to the plan, the state must approve the project. After state approval, the project will be brought back to this area for a public hearing. In an effort to explain how this project fits into the Congestion Management Plan for the Cross Creek Mall area, a review was done of the Congestion Management Plan by Mr. Heicksen. He pointed out there are two primary factors involved in the necessity for this interchange: (1) the increased traffic in this area has caused a catch-up problem in traffic flow and (2) preparation must be made for the future development of 125 acres of commercial/industrial acreage and 18 acres of R5 residential acreage. In response to the Council's questions at the February 22, 1994, meeting, Mr. Heicksen presented the following information. He informed the Council that the diamond shape interchange was necessary for this project. Using a diagram to compare the diamond shape and the cloverleaf shape, Mr. Heicksen pointed out the cloverleaf would result in the destruction of the building of the Church of the Open Door in addition to eliminating a free flowing right turn lane on Cliffdale Road. In response to Councilmember Cheek's questions on the sound barriers, Mr. Heicksen referred the Council to the brochure put out by the State Roadway Design Unit on Highway Traffic Noise. He explained the North Carolina Department of Transportation and the Federal Highway Administration would determine the noise impact and would be required to incorporate a solution into any highway improvements. A question and answer period ensued. Mayor Dawkins called for the public hearing to open. The public hearing opened at 8:01 p.m. The following people spoke in favor of the addition of the interchange: 1. Charles E. Kuehn, 336 Rainier Dr., Fayetteville, NC 28314 2. Troy M. Howard, Belk Department Store, P.O. Box 1029, Fayetteville, NC 28302 3. A. B. Bryant, J. C. Penney, Cross Creek Mall, Fayetteville, NC 28304 4. H. Terry Hutchens, Community Development Council, P.O. Box 2505, Fayetteville, NC 28302 5. Tom Bates, Cape Fear Valley Hospital, P.O. Box 2000, Fayetteville, NC 28302 6. Minh Courtney, Abode Realty, 5207 Yadkin Road, Fayetteville, NC 28303 7. Albert McCauley, McCauley Moving & Storage, P.O. Box 654, Fayetteville, NC 28302 8. J. David Jameson, Chamber of Commerce, 519 Ramsey Street, Fayetteville, NC 28302 9. Ronnie Peele, 306 South McPherson Church Road, Fayetteville, NC 28303 10. Glin Ton Harris, 4713 Watauga Road, Fayetteville, NC 28304 11. Von Autry, Jr., 1203 Longleaf Drive, Fayetteville, NC 28305 12. Palmer Gehronc, 3230 Jura Drive, Fayetteville, NC 28303 13. Rick Daniel, 469 Lands End, Fayetteville, NC 28314 14. Rudolph Singleton, 1 Skye Place, Fayetteville, NC 28303 15. Billy Wellons, 406 Overton Place, Fayetteville, NC 28303 16. Joe Riddle, 250 Courtyard Lane, Fayetteville, NC 28303 The following people appeared in opposition to the addition of the interchange: 1. Stacy Weaver, 222 Maiden Lane, Fayetteville, NC 28301 2. Denny Shaffer, 2910 Skye Drive, Fayetteville, NC 28303 3. Larry McGlothlin, 303 Whitney Drive, Fayetteville, NC 28314 4. Jane Johnson, 314 Whitney Drive, Fayetteville, NC 28314 5. Minnie Howie, 236 Palomar Street, Fayetteville, NC 28314 6. Patricia Kelly, 675 Newport Road, Fayetteville, NC 28314 7. Brian K. Wagoner, 208 Rainier Drive, Fayetteville, NC 28314 8. Wade Fowler, 2242 Jenna Shane Drive, Fayetteville, NC 28306 9. Pete Peebles, 3015 Cliffdale Road, Fayetteville, NC 28303 10. Jim Rau, 645 Glensford Drive, Fayetteville, NC 28314 11. John Koonce, 340 Rainier Drive, Fayetteville, NC 28314 12. Greg Koonce, 340 Rainier Drive, Fayetteville, NC 28314 13. Frank Newton, 4429 Chesterbrook Dr., Fayetteville, NC 28314 There being no one further to speak, the public hearing closed at 9:30 p.m. Councilmember Cheek moved to add the All American Expressway Interchange at Cliffdale Road to the Thoroughfare Plan, seconded by Councilmember Bolton and carried by a vote of 5 to 4, with Councilmembers Blackwell, Kendrick, Robertson, and Ross voting against. 4. Consideration of resolution authorizing the acceptance of Shadbush Lane. City Manager John Smith presented this item. RESOLUTION AUTHORIZING THE ACCEPTANCE OF SHADBUSH LANE. RESOLUTION NO. R1994-39. Councilmember Robertson moved to adopt the foregoing resolution, seconded by Councilmember Kendrick and carried unanimously 9 to 0. City Manager John Smith extended his thanks to Mr. Jimmy Teal, Assistant City Manager for Planning and Development, and PWC for a good job. Councilmember Cheek extended her thanks to Agnes Bundy of the Real Estate Division. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. 5. Adoption of Annexation Report for 20 areas. City Manager John Smith presented this item. Councilmember McBryde moved to adopt the annexation report for the following areas, seconded by Councilmember Bolton and carried unanimously 9 to 0. A. Area 101-A: Northwood Office Plaza - Ramsey Street B. Area 107: Northgate Shopping Center (Wal-Mart) - Ramsey Street C. Area 108: Townhouse Lane - Green Valley Road Area D. Area 110: Southview Circle (Central Portion) E. Area 111-A: Rosehill Road - McArthur Road Area F. Area 112: Bowden Road - Harbor Road Area G. Area 113-A: Ramsey Street - West Side - Between McArthur Road and Mid-South Insurance H. Area 114-A: McArthur Road - Walker Street Area I. Area 117: Country Club Drive at Gables Drive J. Area 122: Darden Property - North of Bromsworth Trail K. Area 211: 100 Westlake Road - National Career Centers L. Area 311: Skibo Road - Cliffdale Road Area M. Area 302: Ireland Drive - Raeford Road Area N. Area 303: Faison Avenue - John Marshall Road - Raeford Road Area O. Area 401: Ferndale Lane Island Area P. Area 402: Rear Parking Lot of Burger King Property - 2209 Gillespie Street Q. Area 404: The Carrolton of Fayetteville Rest Home - 2743 Legion Road R. Area 405: Fayetteville Generals Office - 2823 Region Road - North of Riddle Stadium S. Area 406: Camden Road - Southern Avenue Area T. Area 501: Cedar Creek Road Area (Includes southern portion of Len-Care Rest Home, plus office building at 1208 Cedar Creek Road) 6. Presentation from Parks and Recreation Advisory Commission regarding proposed recreation centers. Greg Edge, Chairman of the Parks and Recreation Advisory Commission, presented this item. He informed the Council the Commission had voted unanimously to recommend proceeding with the development of Honeycutt, Seabrook, and College Lakes Centers. He explained that the bids for the new recreation centers had exceeded the budget, and that monies could be sought from grants, CD monies, and other sources for the development of the Myers addition. Councilmember Kendrick moved to proceed with the recreation centers at Honeycutt, Seabrook, and College Lakes, seconded by Councilmember Ross and carried unanimously 9 to 0. 7. (REMOVED FROM AGENDA) 8. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. No nominations were made. B. Nominations to fill one vacancy on Fair Housing Hearing Board. No nominations were made. C. Appointments to fill seven vacancies on the Human Relations Commission. Councilmember McBryde moved to appoint the nominations for the Human Relations Commission, seconded by Councilmember Kendrick and carried unanimously 9 to 0. The following appointments were made: Richard Culbreth - First Term Ander J. Dunham, Jr. - First Term Sandy Switzer - First Term Leslie Kiewra - Reappointment - Second Term Alphonso McCoy - Reappointment - Second Term Terry Allan - Reappointment - Second Term Dr. Emma Greene - Reappointment - Second Term Sgm. Robert McRae - Ex Officio - Military - Fort Bragg 9. ADMINISTRATIVE REPORTS: A. Report on Empowerment Zones/Enterprise Communities. Councilmember Cheek urged the staff to put forth a concerted effort to obtain the monies available for this endeavor. There being no further business, Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously 9 to 0. The meeting adjourned at 10:25 p.m. REGULAR MEETING MINUTES MARCH 21, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MARCH 21, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Michael L. Walker, City Engineer Al Mitchell, Assistant Planning Director Ray Britt, PWC Robert Barefoot, Parks and Recreation Director Duke J. Piner, Fire Chief 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.) Mayor Dawkins recognized Boy Scout Troops 747 and 709 and welcomed them to the meeting. INVOCATION - PLEDGE OF ALLEGIANCE Ross Moyer, Interim Pastor of Massey Hill Baptist Church, offered the invocation followed by Eagle Scout Ryan Faircloth leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Russian Exchange Students and Teachers from the City of Ivanova Mayor Dawkins presented a key to the City to Sonja Rothstein on behalf of a delegation of students from Russia who will be staying with Fayetteville families during their visit to our country. The Russian delegation presented Mayor Dawkins with a book about their country to be placed in the Fayetteville Public Library for all citizens to read. The Russian students entertained the Council and audience by singing folk songs and dancing. 1. APPROVAL OF AGENDA City Attorney Robert Cogswell requested the Council to add Item 12, request for legal representation, to the agenda. Councilmember Bolton moved to approve the agenda with the addition of Item 12, seconded by Councilmember Robertson 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. City Manager John Smith requested to pull Item C. Councilmember Bolton moved to approve the consent agenda with the exception of Item C. After a second from Councilmember Robertson, the consent agenda and following items were unanimously approved 9 to 0: A. Approve minutes of March 7, 1994. A correction was made to Item 5, page 4, of these minutes, changing Councilmember John Smith to City Manager John Smith. Councilmember Kendrick moved to approve the correction, seconded by Councilmember McBryde and carried unanimously 9 to 0. (This action was taken at the end of the meeting prior to Item 12.) B. Approve amendment of minutes of regular meeting of January 18, 1994, Item 9.B. as follows: AMENDMENT OF THE FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET JANUARY 18, 1994 7:00 P.M. 9.B. Report from Policy Committee - Consideration of policy regarding terms of boards and commissions. Councilmember Bolton presented this item in the absence of Chairman McBryde. Councilmember Kendrick moved to set four-year terms and rotate off for one year, seconded by Councilmember Robertson. Following discussion, Councilmember Kendrick withdrew his motion. Councilmember Robertson moved to send this policy back to the Committee for their recommendation of a uniform term, seconded by Councilmember Bolton. After discussion, a substitute motion was made by Mr. Kendrick to limit those appointees for two years to two consecutive terms. Any other appointee for a greater period of time would only be allowed to serve one term. The motion carried 7 to 1 with Councilmember Cheek opposed. C. (PULLED FOR DISCUSSION) D. Adopt ordinance amending Chapter 20 of the Fayetteville City Code: Section 20-106, Traffic Schedule Number 11 - Parking Prohibited on Avon Street. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1994-04. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1994. E. Adopt resolution changing name of the Police Benefit Fund to the Fayetteville Police Financial Assistance Fund. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CHANGING THE NAME OF THE POLICE BENEFIT FUND TO THE FAYETTEVILLE POLICE FINANCIAL ASSISTANCE FUND. RESOLUTION NO. R1994-40. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. F. Approve award of contract for construction of the Clinton Road to Vander 24-Inch Water Main to Blue Construction, low bidder, in the amount of $458,035.50. (PWC) Bids received were as follows: Blue Construction (Sanford, NC) $458,035.50 T. A. Loving Company (Goldsboro, NC) $472,957.00 State Utility Construction (Monroe, NC) $480,931.60 R. H. Moore Co., Inc. (Murrells Inlet, SC) $486,403.00 Frank Horne Construction Co. (Fairbluff, NC) $538,153.00 Dellinger, Inc. (Monroe, NC) $542,971.00 Yates Construction Co. (Stokesdale, NC) $556,234.90 Mark H. Johnson, Inc. (Newton Grove, NC) $589,170.50 Billings and Garrett (Raleigh, NC) $602,189.10 G. Approve award of contract for construction of the 69 kV Transmission Line from (New) Wilmington Road Substation to Grays Creek Substation to Sumter Builders, Inc., low bidder, in the amount of $371,555.69. (PWC) Bids received were as follows: Sumter Builders (Sumter, SC) $371,555.69 Harrison-Wright Co. (Charlotte, NC) $471,227.34 Floyd S. Pike (Mount Airy, NC) $501,481.38 Weeks Construction (Asheboro, NC) $570,145.48 Stackhouse, Inc. (Goldsboro, NC) $584,783.36 C. W. Wright Construction (Chester, VA) $738,544.50 Utilities Construction (Charleston, SC) $765,290.22 H. Approve the following PWC budget items: 1. 1990 Revenue Bond Projects Capital Project Fund, Amendment #3 (Budget Increase of $6,986,167) 2. 1992 Thermal Energy Storage System Bonds Capital Project Fund, Amendment #3 (Budget Increase of $1,925,327) 3. Water & Sanitary Sewer System Annexation Capital Project Fund, Amendment #1 (Budget Increase of $6,241,096) 4. 1994 Electric, Water and Sanitary Sewer Operating Funds, Amendment #1 (Budget Increase of $8,219,454) I. Approve Municipal Agreement with N.C. DOT for participation in the construction of the CBD Loop between Robeson Street and Southern Avenue. WHEREAS, the North Carolina Department of Transportation has prepared and adopted plans for the construction of the Fayetteville Central Business District Loop from Robeson Street to 100' south of SR 1141 (Southern Avenue); and, WHEREAS, said Department of Transportation and the Municipality of Fayetteville propose to enter into an agreement whereby said Department will include in its construction contract provisions for the relocation and adjustment of municipally-owned water lines located along the project; and, WHEREAS, the Municipality agrees to reimburse the Department of Transportation for the cost of said work with reimbursement to be made in a lump-sum amount upon completion of the work. NOW, THEREFORE, BE IT RESOLVED that Project U-0508 B, 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. J. Approve award of lease purchase contract for a 1994 E-One Fire Pumper to C.W. Williams & Company, low bidder, in the amount of $247,761.00. Bids received were as follows: C. W. Williams & Co. $247,761.00 Ferrara Fire Apparatus, Inc. $248,412.00 Central States Fire Apparatus, Inc. $250,112.00 KME Fire Apparatus by: Slagle Fire $254,981.00 Equip. Co. Quality MFG, Inc. $258,417.00 1. Adopt Special Revenue Project Ordinance Amendment 94-9. (Police Athletic League/Judo) This activity was established in 1992 for the purpose of accounting for and expending donations contributed to Police Athletic League programs. The City has received additional donations totaling $375.00 since the last amendment. The donations were provided for financial assistance to attend the World Games. 2. Adopt Special Revenue Project Ordinance Amendment 94-10. (Public Safety Police) The amendment appropriates proceeds from the North Carolina Controlled Substance Tax in the amount of $6,578.00. 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. 3. Adopt Capital Project Ordinance Amendment 94-9. (Bonds - 1989 & 1991) The project was established in January 1987 for the purpose of accounting for and expending proceeds from the sale of various bonds for street, sidewalk, and drainage improvements. The amendment appropriates additional interest income ($98,980.00) available to the project. 4. Adopt Capital Project Ordinance Partial Closeout 94-2. (Bonds - 1989) The project was established in January 1987 for the purpose of accounting for and expending proceeds from the sale of various bonds for street, sidewalk, and drainage improvements. The proceeds and interest income from the 1989 sale have been expended. Approximately $600,000.00 in bond funds from the 1991 sale remain unexpended; however, all the remaining funds are obligated for various City Council approved projects. The resources and uses of the 1989 sale have been audited by Cherry, Bekaert & Holland and are recommended for closure. C. Adopt demolition ordinance for property located at 327 Cool Spring Street. (Owner: Walter and Nancy Cline.) Councilmember Robertson moved to delay action on this item until April 4, 1994, seconded by Councilmember Cheek and carried unanimously 9 to 0. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit on speaking on public and non-public hearings. A. Consideration of increase in bus fares. Mr. Jerome Brown, Transit Director, presented this item. He stated that no changes had been made in bus fares since 1982 and he recommended the following increases to be effective on April 1, 1994. CURRENT FARE FARE INCREASE Regular Fare $0.65 $0.75 Transfers $0.25 $0.10 Reduced Fare $0.30 $0.35 Reduced Transfers $0.10 $0.05 Student Pass $18.00 $22.50 Monthly Pass $24.00 $27.00 10-Ride Pass $5.40 $6.75 Reduced Fare Monthly $12.00 $13.50 Reduced Fare 10-Ride $2.70 $3.40 ADA Fares $1.20 $1.50 The public hearing was opened at 7:35 p.m. and there being none present to be heard on this matter, the public hearing was closed. Councilmember Bolton moved to approve the new rates to be effective April 1, 1994, seconded by Councilmember Kendrick and carried unanimously 9 to 0. B. Consideration of amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, Section 32-29, C1P Shopping Center District by deleting mini-warehouse as a permitted use. (P94-10) Al Mitchell, Planning Director, presented this item. He advised Council that the Planning Board recommended making this a special use permit procedure. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:40 p.m. and there being none present to be heard on this matter, the public hearing was closed. Mayor Pro-Tem Blackwell moved to approve, seconded by Councilmember Bolton. A discussion ensued with Councilmember Cheek requesting that language be added regarding whether the warehouses would fit into the characteristics of the neighborhood and the location of the warehouses on the site relative to the front footage and the other buildings. Mayor Pro-Tem Blackwell withdrew his motion, seconded by Councilmember Bolton. Councilmember Kendrick moved to continue the action on this item until April 4, 1994, seconded by Councilmember Bolton. C. Consideration of revisions and amendments to the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(9) by changing the period at the end thereof, to a comma, and adding the following words: "including retail sales and concessions of food, beverages, and merchandise related to the activities such as clothing and equipment, as approved by the public body." (P94-15). Al Mitchell presented this item. He explained the amendment was formalizing the original interpretation of accessary uses for public parks by specifying that "pro shop" type activities would be allowed. The public body was defined as the City Council and the County Board of Commissioners by Mr. Mitchell. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:47 p.m. and there being none present to be heard on this matter, the public hearing was closed. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 32-22(9), R15 RESIDENTIAL DISTRICT, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1994-02. Councilmember McBryde moved to approve, seconded by Mayor Pro-Tem Blackwell and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1994. D. 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 2933 Breezewood Avenue. (P94-16) Al Mitchell presented this item. The Planning Board recommended denial of the request for C1 and approval of a C1A Commercial District. The staff recommended denial of the request and approval of a P2 Professional District. A discussion ensued between Councilmembers and Mr. Mitchell. The advertised public hearing opened at 7:50 p.m. Mr. Cecil A. Penland, 1015 Marlborough Road, spoke in opposition. There being no one else to speak, the public hearing closed at 7:55 p.m. Councilmember Kendrick moved to deny the rezoning and to leave the district R6, seconded by Councilmember Bolton and carried unanimously 9 to 0. E. Consideration of an application for a Special Use Permit as provided for by Article IV, Section 32-32(1) to allow mini-warehousing in a C3 Heavy Commercial District for an area located at 3525 Murchison Road. (P94-17) This item was presented by Al Mitchell. He recommended this public hearing be continued until the City of Fayetteville Zoning Ordinance, Chapter 32, Section 32-29, was amended. Mr. Cogswell also recommended the continuation. A discussion ensued. It was decided the public hearing could be held as scheduled. The Planning Board recommended approval of the Special Use Permit. The public hearing was opened at 8:12 p.m. Mr. Mike Langdon, 235A East Market Street, Smithfield, North Carolina, was sworn in by Deputy City Clerk Janet Jones. He described the exterior of the buildings, the perimeter lighting, gate hours, and type of storage. Mr. Langdon stated his opinion was this facility would enhance the neighborhood. There being no one else to speak on this matter, the public hearing was closed at 8:20 p.m. Upon the motion of Councilmember Kendrick to grant the Special Use Permit, seconded by Councilmember Torrey, the Council unanimously made the following findings of fact: A. The proposed activity is free from objectional characteristics such as noise, smoke, and fumes; B. Pedestrian and vehicular traffic will not be obstructed by loading and unloading activities; C. Existing first floor retailing activities along the block containing the site are not disrupted by the proposed use; and D. The proposed use complies with the applicable fire code. F. Consideration of adoption of resolution closing of a portion of Talbot Circle and a portion of an unnamed street between Talbot Circle and Breece Drive. City Manager John Smith presented this item. Mr. Smith stated no utility easements will be reserved on this street. This is the advertised public hearing at this date and hour. The public hearing opened at 8:22 p.m. Mr. Odus Cain, of Riverside Mattress Company, 225 Dunn Road, Fayetteville, North Carolina, appeared in favor of this action. There being no one else to be heard on this matter, the public hearing was closed at 8:24 p.m. RESOLUTION AND ORDER CLOSING A PORTION OF TALBOT CIRCLE AND A PORTION OF AN UNNAMED STREET BETWEEN TALBOT CIRCLE AND BREECE DRIVE. RESOLUTION NO. R1994-41. 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 City Clerk's office in Resolution Book R1994. G. Consideration of adoption of an ordinance amending Chapter 27 of the Code of Ordinances of the City of Fayetteville to establish a private street standard. City Attorney Robert Cogswell presented this item. City Manager John Smith advised the Council that Fire Chief Piner had requested a 20-foot unobstructed width of roadway for conformance with the State Fire Code. This is a public hearing advertised for this date and hour. The public hearing opened at 8:55 p.m. Mr. Walter Moorman, 115 Broadfoot Avenue, appeared in favor of the ordinance. Mr. Moorman stated that he had shown Fire Chief Piner and City Engineer Mike Walker a roadway of compacted gravel on curbed stone that had been approved by the State in compliance with the State Fire Code, and that he would like for City Council to consider his future request to use this all-weather surface. Mr. F. R. Lloyd, 1800 Lakeshore Drive, and Mr. Al Rumbough, 2507 Spring Valley Road, expressed their support for the ordinance. They expressed their concerns over the use of the term "public use" rather than "private use". Mr. Lloyd and Mr. Rumbough requested that builders be given latitude in the size and color requirements of signs used within the internal areas of a development. There being no one to be heard in opposition, the public hearing was closed at 8:44 p.m. A discussion ensued with Councilmembers expressing their concerns and making suggestions as to changes in the ordinance. Councilmember Bolton moved to adopt the ordinance, seconded by Mayor Pro-Tem Blackwell, with the following changes: 1. 27-11(a) - Amend to reflect that the City Attorney approve the documents as to form. 2. 27-11(c)(1) - Delete the words "intended for two-way traffic" in the first sentence and delete all of the second sentence. 3. 27-11(e) - Add the words "except for public street entrances" after the word "signs". 4. 27-11(f)(1) - After the colon, delete the words "dedicated" and "public" and denote that they are for private use and will not be maintained by the City. 5. 27-11(f)(1) - After the word "Council" insert the words "it is City Council policy not to accept streets that do not meet public standards". 6. 27-11(f)(2)(b) - After the colon, insert the words "it is City Council policy not to accept streets that do not meet public standards". AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE TO ESTABLISH A PRIVATE STREET STANDARD. ORDINANCE NO. S1994-03. The motion carried by a vote of 8 to 1 with Councilmember Kendrick opposed. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1994. 4. Consideration of abandonment of drainage easement along Sugar Cane Circle. (Requesting to appear: Michelle Huggins) This item was presented by Jimmy Teal. He stated the cost would be paid 50 percent by the City and 50 percent by the property owners. Mrs. Michelle Huggins declined to address the Council. Councilmember Robertson moved to approve, seconded by Councilmember Cheek and carried unanimously 9 to 0. 5. Consideration of rejection of all bids for consultant writing of sign ordinance. (Requesting to appear: Alexander Wojcicki) Councilmember Bolton moved to reject the bids and re-advertise, seconded by Councilmember Kendrick. Mr. Alexander Wojcicki, a partner in Decision Focus, a bidder, addressed the Council. He expressed his belief that his firm is qualified to do the sign ordinance revisions. Mr. Wojcicki asked the Council to allow him to meet with the members of the Appearance Commission before making a final decision to rebid. Mr. Robbie Ferris of the Appearance Commission expressed the Commission's concern regarding the aesthetic ramifications of not using a firm with a background in the history of sign ordinance writing. Mayor Dawkins called for a vote on the matter. The motion carried by a vote of 8 to 1 with Councilmember Massey opposed. Councilmember Bolton asked that the City Manager's staff become heavily involved in the process from beginning to end before the Appearance Commission does its new RFP for bids. 6. Consideration of a resolution pursuant to N.C.G.S. 160A-31(c) (Petition-Initiated Contiguous Annexation Area - Torr Property - Tamarind Place Apartments - McArthur Road) Councilmember Bolton moved to approve the resolution and set the public hearing for April 4, 1994, seconded by Councilmember McBryde and carried unanimously 9 to 0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C). RESOLUTION NO. R1994-42. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. 7. Consideration of adoption of resolution for the Governors Highway Safety Grant Application Occupant Protection & Education Project. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember Bolton and carried unanimously 9 to 0. LOCAL GOVERNMENTAL RESOLUTION. RESOLUTION NO. R1994-43. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. 8. Consideration of the following Engineering matters: A. Adoption of a resolution authorizing acceptance of N.C. DOT streets for City maintenance in annexation area. RESOLUTION AUTHORIZING THE ACCEPTANCE OF STREETS. RESOLUTION NO. R1994-44. B. Adoption of resolution exchanging streets in current City limits. RESOLUTION AUTHORIZING THE TRANSFER OF STREET MAINTENANCE RESPONSIBILITIES (FORT BRAGG ROAD AND EAST DOBBIN AVENUE). RESOLUTION NO. R1994-45. RESOLUTION AUTHORIZING THE TRANSFER OF STREET MAINTENANCE RESPONSIBILITIES (BROADFOOT AVENUE AND RAEFORD ROAD). RESOLUTION NO. R1994-46. Councilmember Bolton moved to adopt all three of the above resolutions, seconded by Councilmember Massey and carried unanimously 9 to 0. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1994. 9. Consideration of award of contracts for recreation centers. Councilmember McBryde moved to approve the contracts for the Kiwanis Recreation Center, Seabrook Recreation Center, and College Lakes Recreation Center, seconded by Councilmember Bolton and carried unanimously 9 to 0. The bids are as follows: Kiwanis Recreation Center $1,482,190.00 Seabrook Recreation Center 1,464,127.00 College Lakes Recreation Center 1,522,241.00 TOTAL $4,468,558.00 Mr. Robert Shuller, of Shuller Ferris Associates, stated the construction time is for 12 months with liquidated damages in the amount of $500.00 a day. 10. APPOINTMENTS: A. Nominations to fill two vacancies on Appearance Commission. Councilmember McBryde nominated Bill Vurnakes to fill the term of Marion Humphries which expires in December 1995. Councilmember Bolton nominated Judy A. Doorman to fill the term of Mr. St. Onge which expires in December 1994. B. Nominations to fill one vacancy on Fair Housing Hearing Board. No nominations were made at this time. 11. ADMINISTRATIVE REPORTS A. Statement of taxes collected for the month of February, 1994, from the Cumberland County Tax Collector. 1993 Taxes $458,299.92 1993 Vehicle Taxes 101,271.61 1993 FVT 15,227.51 1992 Taxes 24,367.95 1992 FVT 281.98 1991 Taxes 5,975.90 1991 FVT 60.00 1990 Taxes 4,259.29 1989 & Prior Real & Personal Taxes 867.47 Total Interest 19,985.21 TOTAL COLLECTIONS $630,596.84 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. C. Report on proposed greenways. This report is in the agenda packet. 12. Consideration of request for legal representation by John B. Brown, Jr., in Norton v. Brown, US District Court. City Attorney Robert Cogswell concurred in that Mr. Brown was acting in the course and scope of his business at the time of the event alleged and recommended representation and payment of legal fees to Mr. Philip Van Hoy at an hourly rate of $125.00 per hour plus expenses. Councilmember Ross moved to approve the request, seconded by Councilmember Robertson and carried unanimously 9 to 0. There being no further business, Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously 9 to 0. The meeting adjourned at 9:40 p.m. INFORMATION MEETING MINUTES MARCH 28, 1994 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES WALKER-SPIVEY SCHOOL 500 FISHER STREET MARCH 28, 1994 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., Thelbert Torrey, Suzan Cheek, Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert C. Cogswell, Jr., City Attorney City Department Heads Mayor J. L. Dawkins called the meeting to order and recognized James Marable for the invocation. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, Council voted unanimously to approve the agenda. Mayor Dawkins then opened the public forum section of the meeting. The following people appeared: 1. James A. McEachern, 322 Lincoln Drive, asked for increased foot patrols and increased use of the code enforcement team in the neighborhood. 2. Betty Jo Goodenough, 521 School Street, addressed the problems of prostitution, traffic and drugs on School Street. 3. Holden Hansen, 209 Fuller Street, invited the Council to a production of Wiley and the Hairy Man being sponsored by the Arts Council and the Parks and Recreation Department. He also suggested that the Council consider working for a Fine Arts Center in the downtown area which would include a theater for youth. 4. Andrea Friend, 531 Campbell Terrace, spoke as the TEAM Coordinator for the Parks and Recreation Department asking that the program continue after the grant funding ends. 5. Katie Myers, 215 Harrison Street, stated that she was involved with neighborhood kids and asked the Council to continue their work with kids, asked the City to put grills in the Walker-Spivey Park and asked that the TEAM age limit be increased to 16 from 14. 6. Norman Sutton, 407 Buxton Boulevard (Habitat Village), spoke concerning a hole in his yard used for drainage and the fact that he would like for the City to cover that hole. 7. Jackie McCallum, a teacher at Walker-Spivey School endorsed the concept of a one-stop family service center and an urban transit system. 8. Ashley Rozier, II, P. O. Box 2065, asked the Council to re-invest in the City's youth. 9. Paula McDowell, 587 Campbell Terrace, spoke regarding the conditions in Campbell Terrace. 10. James Gibson, 812 Sessoms Street (Habitat Village) addressed a drainage problem resulting from an open ditch behind the houses in Habitat Village and asked the Council to fix the ditch. 11. Horace Underwood, Eastover, stated that he owned Underwood Foodmart and asked the Council not to label his business as a public nuisance but to work together with him to rid the neighborhood of drug dealers. Council then heard a presentation on the May 3 Bond Referendum by City Manager John Smith. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to adjourn at 8:40 p.m. REGULAR MEETING MINUTES APRIL 4, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET APRIL 4, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Mayor Pro Tem J. Breeden Blackwell (at-large) (excused) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, Traffic Services Director Ronald Hansen, Chief of Police Al Mitchell, Assistant Planning Director Richard Herrera, Community Services 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 Pastor Donna Ray, Saint Esther's Pentecostal Holiness Church, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented Ms. Janice Gerald, Community Development Director, with a proclamation declaring the week of March 28 through April 3, 1994, as Community Development Week. Ann Speisberger, 1993 Dogwood Festival Chair, and Jean Moore, 1994 Chair, presented the City with four framed Dogwood Festival posters from the years 1987, 1989, 1993, and 1994. Mayor Dawkins stated that the posters would be hung in City Hall in full public view. Mayor Dawkins informed the Council that Mayor Pro Tem Blackwell would not be present for the meeting tonight. Councilmember McBryde moved to excuse Mayor Pro Tem Blackwell, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 1. APPROVAL OF AGENDA Councilmember Bolton requested Council delete Item 4 from the agenda and set it for the April 18, 1994, meeting. Councilmember Bolton moved to approve the agenda with the deletion of Item 4, seconded by Councilmember Kendrick and carried unanimously. 2. CONSENT Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Cheek requested to pull Item 2.C. City Attorney Robert Cogswell asked that Item 2.A., the minutes of the regular meeting of March 21, 1994, be amended by the deletion in Item 3.B. of the words "and carried unanimously 9 to 0". Mr. Cogswell stated that there was no vote taken on this item. Councilmember Robertston moved to pull Item 2.C., seconded by Councilmember Cheek. Councilmember Robertson then moved to correct the minutes of the March 21, 1994, regular City Council meeting and to approve the consent agenda with the exception of Item 2.C., seconded by Councilmember Cheek and carried unanimously 8 to 0. The following items were approved unanimously: A. Approve minutes of regular meeting of March 21, 1994. Item 3.B. of these minutes was amended to reflect that no vote was taken. B. Approve municipal agreement between N.C. DOT and City of Fayetteville for sidewalks on Bonanza Drive. C. (PULLED FOR DISCUSSION) D. Set public hearing for April 18, 1994, to consider 25 mile per hour speed limit reduction on South Herndon Street. E. Adopt ordinance amending Chapter 20 of the Fayetteville City Code. (Section 20-106: Traffic Schedule Number 11 - Parking Prohibited. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1994-05. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1994. F. Approve award of contract for purchase of two 85 HP Backhoe Loaders with Front Wheel Drive to Vause Equipment, low bidder, in the amount of $80,105.28 (PWC). Bids received were as follows: Vause Equipment (Fayetteville, NC) $80,105.28* N. C. Equipment (Fayetteville, NC) $85,074.00 R. W. Moore (Raleigh, NC) $99,698.00 E. F. Craven (Greensboro, NC) $91,496.00 G. Approve award of contract for purchase of one 75HP Backhoe Loader with Side Shift and Extended Dipper to Vause Equipment, low bidder, in the amount of $41,097.00 (PWC). Bids received were as follows: Vause Equipment (Fayetteville, NC) $41,097.00* N. C. Equipment (Fayetteville, NC) $42,941.00 R. W. Moore (Raleigh, NC) $51,256.00 H. Approve request for legal representation from James Levon Bryson. I. Approve advertisement for upset bids for the sale of property located on east side of Southern Avenue. J. Approve award of contract for purchase of five vacuum leaf collectors to Old Dominion Brush Company, low bidder, in the amount of $68,200.00. No other bids were submitted. C. Set public hearing for April 18, 1994, to consider Watershed Protection Ordinance revisions. Councilmember Cheek requested the staff check annexation areas of intent to see if any were within a WSII or WSIII Watershed Classification before the suggested language is deleted from the City's ordinance. Councilmember Cheek moved to set the public hearing for April 18, 1994, seconded by Councilmember Massey and carried unanimously 8 to 0. 3. PUBLIC HEARINGS: A. Consideration of the allocation of Community Development Block Grant funding for fiscal year 1994-1995. Richard Herrera, Community Services Director, presented this item and stated this was the final required public hearing. He informed Council of the receipt of a request for funds in the amount of $350,000.00 on March 30, 1994, from Parks and Recreation for construction at Myers Park Recreation Center. He explained due to the time of receipt, this request had not been programmed into the Fayetteville Redevelopment Commission's recommendation for the 1994-1995 fiscal year. The Commission's recommendations are as follows: FAYETTEVILLE REDEVELOPMENT COMMISSION COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Funding Recommendations for Fiscal Year 1994-95 1. Housing Rehabilitation $100,000 (Lynn Avenue) 2. Housing Rehabilitation $100,000 (University Estates) 3. Housing Rehabilitation $100,000 (Deep Creek Road) 4. Housing Rehabilitation $100,000 (Westarea) 5. Women's Center of Fayetteville $50,000 6. Shadbush Street Construction $55,000 7. Senior Citizens Deferred Loan Rehabilitation $300,000 8. Fayetteville Urban Ministry Home Repair Program $200,000 9. Orange Street School Restoration and Historical Association, Inc. $10,000 10. Contingency $6,600 11. Administration $255,400 FAYETTEVILLE REDEVELOPMENT COMMISSION HOME PROGRAM Funding Recommendation For Fiscal Year 1994-95 1. Loans to investor-owners of 15 properties to make housing available to low- to moderate-income tenants $338,100 2. Allocation to a Community Housing Development Organization (CHDO) for project(s) (Statutory Requirement) 72,450 3. CHDO Operating Expenses 24,150 4. City Administration 48,300 $483,000 Participating Jurisdiction Match Requirement $ 60,375 This is the advertised public hearing for this date and hour. The public hearing opened at 7:35 p.m. Mr. F. E. Wright, P.O. Box 573, Fayetteville, NC 28302, requested that funds be appropriated to the Orange Street Restoration and Historical Association, Inc., for completion of their construction and opening of this school by March 30, 1995. Mrs. Sylvia Ray, Women's Center, 914 Hay Street, Fayetteville, NC 28305, requested funds be appropriated for the renovation of the Women's Center at 228 Hay Street. Mrs. Lizzie P. Davis, 3211 Rose Hill Road, Fayetteville, NC 28301, asked that funds be given to the program so that she and others in her financial situation could obtain funds to rehabilitate property that they own. Ms. Davis has property on Dick Street. There being none further to speak either in favor or in opposition, the public hearing closed at 7:43 p.m. A discussion ensued. Councilmember Cheek expressed her disappointment that the submitted plan did not include funds for economic development. Councilmember Cheek stated she would like to have the following items considered for funding: 1. Community development funds for stimulating economic development in job opportunities in low- and moderate-income areas that are CD eligible. 2. Use CHDO monies to develop a non-profit housing development group. 3. Use CD funds for Myers Park Recreation Center because Youth Programs must be top priority. Councilmember Cheek then moved to continue action on this action until the May 2, 1994, meeting to give the staff the opportunity to meet with the Redevelopment Commission and give possible alternative recommendations for this coming fiscal year, seconded by Councilmember Kendrick. Mr. Herrera explained to Council the recommendations were set out as appeared as a result of an analysis done by the Affordable Housing Task Force which had been commissioned by Council. The analysis showed a great need for low-income rental units in this area, and the Home program was for this type of project only. Mr. Herrera pointed out economic development programs had not been successful in the past because of the strict federal regulations imposed on applications. After further discussions, Mayor Dawkins called for a vote. The motion carried unanimously 8 to 0. Mayor Dawkins extended to the City of Fayetteville the thanks from Fort Bragg for the community support during the recent time of crisis. B. 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 on the north side of Owen Drive, west of Gillespie Street. (P94-24) Al Mitchell, Planning Director, presented this item. He stated the Planning Board recommended denial of the rezoning. This is the advertised public hearing for this date and hour. There being no one present to speak in favor or opposition, the public hearing opened and closed at 7:55 p.m. Councilmember Bolton moved to deny the request, seconded by Councilmember Kendrick and carried unanimously 8 to 0. C. Consideration of an application by Donald E. Manta of Bobbitt and Associates for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-32, to allow warehousing and wholesaling operations in a C3 Heavy Commercial District for an area located at 4214 Murchison Road. (P94-25) This item was presented by Al Mitchell. He recommended approval of the Special Use Permit. The public hearing was opened at 8:00 p.m. Mr. Don Manta, of Bobbitt & Associates, 3404 Lake Woodard Drive, Raleigh, NC, asked the Council to approve this Special Use Permit. There being no one else to speak on this matter, the public hearing was closed at 8:02 p.m. Councilmember Massey moved to approve the request for a Special Use Permit to include the findings in the materials submitted, seconded by Councilmember Bolton and carried unanimously 8 to 0. City Attorney Robert Cogswell asked the Council to reconsider the motion because all of the findings of fact were not included in the motion. Councilmember McBryde moved to reconsider the motion, seconded by Councilmember Kendrick and carried by a vote of 7 to 1, with Councilmember Robertson in opposition. Councilmember Massey moved to approve the Special Use Permit, seconded by Councilmember Bolton to include the following findings of fact: 1. The proposed activity is free from objectional characteristics, such as noise, smoke, and fumes; 2. Pedestrian and vehicular traffic will not be obstructed by loading and unloading activities; 3. Existing first floor retailing activities along the block containing the site are not disrupted by the proposed use; and 4. The proposed use complies with the applicable fire code. The motion carried unanimously 8 to 0. D. Consideration of ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-Initiated Contiguous Annexation Area - Torr Property - Proposed Tamarind Place Apartments to be constructed along southern side of McArthur Road, east of Walker Street) Deputy City Manager Roger Stancil presented this item. This is the advertised public hearing for this date and hour. There being no one present to be heard either in favor or in opposition, the public hearing opened and closed at 8:09 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (TORR PROPERTY, TAMARIND PLACE APARTMENTS). ANNEXATION ORDINANCE NO. 94-04-378. Councilmember Bolton moved to adopt this ordinance, seconded by Councilmember McBryde and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1994. 4. Consideration of adoption of a demolition ordinance for property located at 327 Cool Spring Street. (Owner: Walter and Nancy Cline) (Continued from March 21, 1994) This item was pulled from the agenda to be rescheduled for the April 18, 1994, meeting. See Item 1 of these minutes. 5. Consideration of amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, Section 32-29, C1P Shopping Center District by deleting mini-warehouse as a permitted use. (P94-10) (Continued from March 21, 1994. Public Hearing Closed.) City Attorney Robert Cogswell advised the Council that this item had not been voted on at the March 21, 1994, regular City Council meeting and he recommended that another public hearing be set and readvertised. Councilmember Ross moved to set a public hearing for May 2, 1994, seconded by Councilmember Torrey and carried unanimously 8 to 0. 6. Consideration of request from Cumberland County for installation of crosswalk at the Main Library on Maiden Lane. City Manager John Smith presented this item. He reported that the Cumberland County Library Board had requested this crosswalk on Maiden Lane through the City-County Liaison Committee. He expressed the City's concern regarding the safety of this crosswalk because of the close proximity to the stop light located at the Maiden Lane and Ray Avenue intersection. Councilmember Bolton moved to send this item to the Streets and Roads Committee, seconded by Councilmember Cheek and carried unanimously 8 to 0. 7. Consideration of an amendment to Section 27-11(E) of the Fayetteville City Code. (Traffic Signs on Private Streets) This item was presented by City Attorney Robert Cogswell. He recommended that a public hearing be set to consider this item. Councilmember Kendrick expressed his concerns regarding the signage on private streets. He moved to set a public hearing for May 16, 1994, seconded by Councilmember Torrey and carried by a vote of 7 to 1, with Councilmember Robertson in opposition. Councilmember Cheek requested that notice be given to the persons who appeared at the public hearing held on March 21, 1994, for this ordinance amendment. 8. Report from Streets and Roads Committee. Councilmember Kendrick presented this report. After a brief review of the reports and minutes, Councilmember Kendrick moved to approve the street resurfacing list, seconded by Councilmember Bolton and carried unanimously 8 to 0. A copy of the resurfacing list is attached to these minutes as Exhibit A. 9. Consideration of request for special meeting on May 31, 1994. Councilmember Bolton moved to set a special meeting on May 31, 1994, seconded by Councilmember Robertson and carried unanimously 8 to 0. 10. APPOINTMENTS: A. Election of nominees to fill two vacancies on Appearance Commission. Councilmember Cheek nominated Matthew Smith to fill the term expiring on December 1994. Councilmember McBryde moved to elect Bill Vernakes to fill the term which expires in December 1995, seconded by Councilmember Bolton and carried unanimously 8 to 0. Councilmember Bolton moved to elect Judy A. Dorman to the term which expires in December 1994, seconded by Councilmember McBryde and carried by a vote of 5 to 3. B. Nominations to fill one vacancy on Fair Housing Hearing Board. No nomination were made. 11. ADMINISTRATIVE REPORTS: A. Status report on T.E.A.M. project. City Manager John Smith reported on this item. He stated he felt it was an excellent program and would like to see the successful portions continued. Councilmember Cheek asked for a copy of the budget of the Housing Authority in order to determine their portion of participation in this program. B. Report on drainage concerns in Habitat Village. City Manager John Smith reported that there were drainage problems in this area and the City will be working with the land owners and providing consulting type services. Councilmember Robertson requested that traffic updates be obtained from the NCDOT on Raeford Road and Executive Place. He made a motion to this effect, seconded by Councilmember Bolton and carried unanimously 8 to 0. There being no further business, Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Cheek and carried unanimously 8 to 0. The meeting adjourned at 8:40 p.m. REGULAR MEETING MINUTES APRIL 18, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET APRIL 18, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Jason Brady, Public Information Officer Michael L. Walker, City Engineer Louis A. Chalmers, Jr., City Traffic Engineer Ronald E. Hansen, Chief of Police Walter J. Haire, Jr., Housing Inspector Tom McNeill, PWC Richard Lewis, Attorney 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 City Manager John Smith was absent due to illness and City Attorney Robert Cogswell was attending a conference. He introduced Mr. Richard M. Lewis Jr., Attorney, and informed the Council that Mr. Lewis would be substituting for Mr. Cogswell. RECOGNITION: Councilmember Cheek recognized students from her class on State and Local Government at Methodist College. INVOCATION - PLEDGE OF ALLEGIANCE Pastor Al Brice, Covenant Love Family Church, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA Deputy City Manager Roger Stancil presented the agenda. He requested Council add Item 2.L. to the consent agenda. This was a request from Carolina Telephone and Telegraph Company for access and utility easement on PWC property. He requested Item 10, consideration of participation in lighting project at Exit 49, and Item 11, an executive session to consider site selection, be added to the agenda. Councilmember Bolton moved to approve the agenda with the additions, seconded by Councilmember Cheek and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Kendrick requested that Items 2.G. and 2.H. be pulled for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of Items 2.G. and 2.H., seconded by Councilmember Robertson and carried unanimously. The following items were unanimously approved: A. Approve minutes of information meeting of February 28, 1994. B. Approve minutes of information meeting of March 28, 1994. C. Approve minutes of regular meeting of April 4, 1994. D. Adopt Supplemental Utility Agreement for work on CBD Loop. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (CBD LOOP). RESOLUTION NO. R1994-47. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. E. Set public hearing for May 16, 1994, to consider closing a portion of Calla Circle. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF CALLA CIRCLE (FORMERLY CALLA DRIVE). RESOLUTION NO. R1994-48. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. F. Approve Municipal Agreement for railroad crossing signal improvements - Hillsboro Street and CSX Railroad at West Rowan Street. CERTIFIED COPY OF RESOLUTION (NCDOT). RESOLUTION NO. R1994-49. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. G. (PULLED FOR DISCUSSION) H. (PULLED FOR DISCUSSION) I. Approve award of contract for purchase of semi-automated carts to Kabco, Inc., lowest responsible bidder, in the amount of $127,576.40. Bids received were as follows: Kabco, Inc. $127,576.40* Toter, Inc. $128,079.60 J. Adopt Special Revenue Project Ordinance Closeout 94-2. The project closing authorized is to Special Revenue Project Ordinance 93-8 adopted on November 15, 1993, as amended, for the Governor's Highway Safety Program overtime grants for May 1, 1993, to September 30, 1993, October 4, 1993, to October 24, 1993, and November 8, 1993, to November 14, 1993. K. Adopt PWC 1993 Revenue Refunding Bonds Construction Capital Project Fund. (PWC) L. Consideration of request from Carolina Telephone and Telegraph Company for access and utility easement on PWC property located at Belk Boulevard and Old Wilmington Road, to relocate equipment that is in conflict with the CBD Loop Extension Project. G. Set public hearing for May 2, 1994, to consider 25 mile per hour speed limit reduction on Ashgrove Drive, Broomfield Court, Linkwood Drive, Lockridge Road, Hartfield Court, Hartshorne Court, Kenmure Place, Monk's Walk Court, Pigeon House Court and Watersplash Lane. H. Set public hearing for May 2, 1994, to consider 25 mile per hour speed limit reduction on Driftstone Court, Hilton Drive, Littlestone Court, McChoen Drive, Sandystone Circle and Woodstone Court. Councilmember Kendrick requested an update on the City Council's policy regarding 25 mile per hour speed limits on streets and cul-de-sacs. Mr. Stancil responded that on April 15, 1993, the City Council's policy was amended to include the addition of a cul-de-sac if appropriate when a street speed limit is changed to 25 miles per hour. Councilmember Kendrick moved to approve Items 2.G. and 2.H., seconded by Mayor Pro Tem Blackwell and carried unanimously. 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 for South Herndon Street. This item was presented by Louis Chalmers, City Traffic Engineer. Mr. Chalmers recommended reducing the speed limit but did not recommend the stop signs. This is the advertised public hearing for this date and hour. The public hearing opened at 7:25 p.m. Reverend Grady P. McKeithan, 106 Herndon Street, Fayetteville, North Carolina; Matthew M. Smith, Jr., 3101 Hyman Place, Fayetteville, North Carolina; and Jerry C. Thrasher, 109 Herndon Street, Fayetteville, North Carolina, appeared in favor of both the speed limit reduction to 25 miles per hour and the three-way stop signs. There being no one to appear in opposition, the public hearing closed at 7:31 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL) ORDINANCE NO. NS1994-06. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (TRAFFIC SCHEDULE NUMBER 6 - STOP INTERSECTIONS) ORDINANCE NO. NS1994-07. Councilmember Kendrick moved to reduce the speed limit to 25 miles per hour and to place three-way stop signs at the intersection of south Herndon Street and Baker Street to be effective in two weeks, seconded by Councilmember Ross and carried by a vote of 8 to 1 with Councilmember Torrey in opposition. B. Public Hearing to consider the extension of the corporate limits of the City of Fayetteville, N.C. Deputy City Manager Roger Stancil presented the following items: 1. Area 101-A: Northwood Office Plaza-Ramsey Street 2. Area 107: Northgate Shopping Center (Wal-Mart)-Ramsey Street 3. Area 108: Townhouse Lane-Green Valley Road Area 4. Area 110: Southview Circle (Central Portion) 5. Area 111-A: Rosehill Road-McArthur Road Area 6. Area 112: Bowden Road-Harbor Road Area 7. Area 113-A: Ramsey Street-West Side-Between McArthur Road and Mid-South Insurance 8. Area 114-A: McArthur Road-Walker Street Area 9. Area 117: Country Club Drive at Gables Drive 10. Area 122: Darden Property-North of Bromsworth Trail 11. Area 211: 100 Westlake Road-National Career Centers 12. Area 311: Skibo Road-Cliffdale Road Area 13. Area 302: Ireland Drive-Raeford Road Area 14. Area 303: Faison Avenue-John Marshall Road-Raeford Road Area 15. Area 401: Ferndale Lane Island Area 16. Area 402: Rear Parking Lot of Burger King Property-2209 Gillespie Street 17. Area 404: The Carrolton of Fayetteville (Rest Home)-2743 Legion Road 18. Area 405: Fayetteville Generals Office-2823 Legion Road-North of Riddle Stadium 19. Area 406: Camden Road-Southern Avenue Area 20. Area 501: Cedar Creek Road Area (Includes southern portion of Len-Care Rest Home, plus office building at 1208 Cedar Creek Road) This is the advertised public hearing for this date and hour. The public hearing opened at 7:45 p.m. There was no one present to speak in favor. Mr. J. J. Davis, 2026 Gillespie Street, Fayetteville, North Carolina, spoke in opposition to the annexation of Area 401: Ferndale Lane Island Area. There being no one further to speak, the public hearing closed at 7:49 p.m. No action was taken on this item. C. Consideration of revisions to watershed protection ordinance. This item was presented by Jimmy Teal, Assistant City Manager for Planning and Development. This is the advertised public hearing for this date and hour. There being no one present to speak either in favor or opposition, the public hearing opened and closed at 7:53 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING PORTIONS OF CHAPTER 31A OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1994-04. Councilmember Cheek moved to approve the ordinance changes, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1994. 4. Consideration of adoption of demolition ordinance for property located at 327 Cool Spring Street. (Owner: Walter and Nancy Cline) (Continued from April 4, 1994, meeting) This item was presented by Walter Haire. Mr. Haire reviewed the procedure followed by the Inspection Department and requested Council approve the demolition of the property at 327 Cool Spring Street. Mr. Larry McGlothlin, Attorney for Mr. Walter Cline, addressed the Council. He expressed his opinion that the City could not legally demolish the building in question and requested that he and the City Attorney be allowed to review the situation. Councilmember Cheek moved to delay action until the May 2, 1994, regular City Council meeting, seconded by Councilmember McBryde and carried by a vote of 7 to 2 with Mayor Pro Tem Blackwell and Councilmember Torrey in opposition. 5. Consideration of naming new road to Fayetteville Regional Airport in honor of Mr. Joseph E. Pillow. Councilmember Kendrick moved to follow the Airport Commission's recommendation and name the new road to Fayetteville Regional Airport the "Joe Pillow Gateway", seconded by Councilmember McBryde and carried unanimously 9 to 0. Mayor Dawkins announced that Councilmember Ross may have to leave the meeting early. Councilmember Robertson moved to excuse Councilmember Ross, seconded by Councilmember Bolton and carried unanimously 9 to 0. 6. Consideration of a resolution directing the clerk to investigate a petition received under G.S. 160A-58.1 (Satellite Annexation Petition) (Petition requests that Morganton Crest Apartments be annexed as a Satellite. Property is located along northern side of Westlake Road, in an area already scheduled to be annexed on June 30, 1994.) RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-58.1. RESOLUTION NO. R1994-50. Councilmember Bolton moved to approve the resolution, seconded by Councilmember Robertson and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. 7. Consideration of setting a joint meeting between City Council and County Commissioners to discuss stormwater and NPDES Permit. (Recommended Date: May 9, 1994) Councilmember Bolton moved to set a joint meeting between the City Council and County Commissioners for May 9, 1994, at 7:00 p.m., in the first floor multipurpose room of City Hall, 433 Hay Street, Fayetteville, North Carolina, seconded by Councilmember Robertson and carried unanimously 9 to 0. 8. APPOINTMENTS: A. Nominations to fill one vacancy on Fair Housing Hearing Board. No nominations were made. 9. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of March, 1994, from the Cumberland County Tax Collector. 1993 Taxes $108,836.22 1993 Vehicle Taxes 130,404.07 1993 FVT 17,554.13 1992 Taxes 23,318.55 1992 FVT 208.52 1991 Taxes 8,213.61 1991 FVT 40.00 1990 Taxes 1,793.67 1989 & Prior Real & Personal Taxes 637.18 Total Interest 10,066.12 TOTAL COLLECTIONS $301,072.07 B. Report on Enterprise Community Application. Mayor Pro Tem Blackwell commended Jimmy Teal, Ben Brown, Jr., and other administrative staff members for working to get this grant. Councilmember Cheek asked to add a Fayetteville Youth Group to the list. C. Update on Market House renovations. 10. Consideration of participation in Exit 49 lighting project. PRESENTED BY: Deputy City Manager RECOMMENDED ACTION: Approval Councilmember Ross moved to approve the participation in the Exit 49 lighting project in the amount of $50,000.00, seconded by Councilmember McBryde and carried unanimously 9 to 0. 11. Executive Session to discuss site selection. Mayor Dawkins announced a break. Councilmember McBryde moved to go into executive session at the end of the break to consider site selection, seconded by Councilmember Bolton and carried unanimously 9 to 0. The regular session of the meeting resumed at 9:45 p.m. Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously. There being no further business, the meeting adjourned at 9:47 p.m. INFORMATION MEETING MINUTES APRIL 25, 1994 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER APRIL 25, 1994 7:00 p.m. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Thelbert Torrey, Suzan Cheek, Mark Kendrick Absent: Councilmember Robert Massey Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert C. Cogswell, Jr., City Attorney Mayor J. L. Dawkins called the meeting to order. Upon motion by Councilmember Cheek, seconded by Councilmember Ross, Council voted unanimously to excuse Mr. Massey. Councilmember Torrey then gave the invocation. Mayor Dawkins recognized City Manager John Smith who requested that Item 2 proposed for the agenda be withdrawn. This item was a discussion of the Bonnie Doone Fire District building renovations for a police substation. Councilmember Cheek requested an executive session for the purpose of discussing site selection of the police department building. Upon motion by Councilmember Bolton, seconded by Councilmember McBryde, Council voted unanimously to approve the agenda as amended. Mayor Dawkins then recognized Steve Blanchard, interim manager of the Public Works Commission, who briefed the Council on the power supply and coordination agreement and settlement agreement between the Public Works Commission and Carolina Power and Light. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, Council voted unanimously to convene into executive session for the purpose of discussing site selection for the police department. Upon motion by Councilmember Bolton, seconded by Councilmember Ross, Council voted to adjourn from the executive session. There being no further business, the meeting was adjourned. REGULAR MEETING MINUTES MAY 2, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MAY 2, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert C. Cogswell, Jr., City Attorney Mike Walker, City Engineer Louis Chalmers, Traffic Services Director Al Mitchell, Assistant Planning Director Harry Auten, Inspection Department Richard Herrera, Community Services Director Members of the Press (Numbers at the beginning of each item corresponds with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Pastor Sylvia Keller, Fayetteville Freewill Holiness Church offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Presentation of Proclamation in honor of National Tourism Week. Mayor Dawkins presented a proclamation honoring National Tourism Week to Mr. Paul Comer, President of the Fayetteville Area Convention and 'Visitors' Bureau and Mr. Willie Tillman, a Board member. 1. APPROVAL OF AGENDA City Manager, John Smith, requested Council to add Item 12, an executive session to discuss property acquisition. Councilmember Massey moved to approve the agenda with the addition, 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 Bolton moved to approve the consent agenda, seconded by Councilmember McBryde, and the following items were unanimously approved: A. Approve minutes of regular meeting of April 18, 1994. B. Approve minutes of information meeting of April 25, 1994. C. Approve Agreement Amendment for HSTS services for Cumberland County Area Mental Health. D. Approve the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 1910 Pamalee Drive and being a portion of the property of Fred and Ellen Dew. (P94-43) E. Approve the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located at 6355 Ramsey Street and being the property of James R. Peaden. (P94-46) F. Approve request from The Fayetteville Generals for a fireworks display on May 21, 1994, at J.P. Riddle Stadium. (Contingent upon Fire Prevention Bureau conditions being met.) G. Approve Municipal Agreement between City of Fayetteville and N.C. DOT for reinspection of bridges on the Municipal Street System. A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (BRIDGE MAINTENANCE). RESOLUTION NUMBER R1994-51. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. H. Approve revision of Section 5-17 of the Fayetteville City Code. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 5-17, CONSUMPTION OF INTOXICATING LIQUORS, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1994-05. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1994. I. Approve amendment to Section 20-216 and 20-21 of the Fayetteville City Code. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTIONS 20-216 AND 20-21 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1994-06. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1994. J. Authorize advertisement for sale of property located at intersection of Vista Drive and Lakeview Drive by quit claim deed to Patrick and Cheryl Koballa. K. Authorize advertisement for upset bid for sale of property located on Bradford Avenue. L. Set public hearing for May 16, 1994, to consider 25 mile per hour speed limit reduction on Bessemer Circle, Cochran Avenue (West), Corrinna Street, and Topeka Street. M. Adopt Budget Ordinance Amendment 94-9. City participation in this project was authorized by City Council at their April 18, 1994, meeting. The project is a joint public/private partnership between NCDOT, PWC, CP&L, County, City and the hotel and property owners at the interchange to provide for lighting and other improvements at the interchange. Total project cost if estimated at $250,000. The City's contribution is $50,000. 3. PUBLIC HEARINGS: A. Consideration of amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, Section 32-29, C1P Shopping Center District by deleting mini-warehouse as a permitted use. (P94-10) (Continued from April 4, 1994, meeting) City Attorney, Robert Cogswell, Jr., informed the Council that the requested additions had been incorporated into the ordinance to be approved. This is the advertised public hearing for this date and hour. There being no one present to speak either in opposition or in favor the public hearing was opened and closed at 7:17 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE BY CHANGING SECTION 32-29(4) MINI-WAREHOUSE. ORDINANCE NO. S1994-07. Councilmember Bolton moved to approve the ordinance, seconded by Councilmember Cheek, and carried unanimously 9 to 0. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour for Ashgrove Drive, Broomfield Court, Linkwood Drive, Lockridge Road, Hartfield Court, Hartshorne Court, Kenmure Place, Monk's Walk Court, Pigeon House Court and Watersplash Lane. City Traffic Engineer, Louis Chalmers presented this item. This is the advertised public hearing for this date and hour. There being no one present to speak either in favor or in opposition, the public hearing opened and closed at 7:20 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (SECTION 20-106, TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL). ORDINANCE NO. NS1994-08. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember McBryde. Councilmember Bolton requested that Ridgeway Drive be reduced to 25 miles per hour without a petition. City Manager, John Smith, explained the Council could legally do this but their policy has always been to have a petition presented and a public hearing held. Councilmember Bolton moved to make a friendly amendment to change Ridgeway Drive speed limit to 25 miles per hour, seconded by Councilmember Robertson. Councilmember McBryde did not accept the friendly amendment. Mayor Dawkins called for a vote on Councilmember Kendrick's original motion to adopt the ordinance to reduce the speed limit. The vote was unanimous 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 NS1994. C. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour for Driftstone Court, Hilton Drive, Littlestone Court, McChoen Drive, Sandystone Circle and Woodstone Court. City Traffic Engineer, Louis Chalmers presented this item. Councilmember Kendrick requested that McChoen Drive be made 25 miles per hour up to the point of its intersection with County Club Drive. Councilmember Kendrick expressed his concern about allowing different speed limits in the same residential sub-division. This is the public hearing for this date and hour. The public hearing opened at 7:34 p.m. Ms. Vanessa L. Williams, 920 Hilton Street, appeared in favor of the speed limit reduction. There was no one else to speak either in favor or opposition to the matter. The public hearing closed at 7:37 p.m. Councilmember Cheek moved to adopt the ordinance to reduce the speed limit to 25 miles per hour to include the portion of McChoen Drive to Country Club Drive, seconded by Councilmember Massey, carried unanimously 9 to 0. Councilmember Kendrick moved that the speed reduction policy be reviewed by the Policy Committee and the Council hold a moratorium on further speed reductions until after the Policy Committee's review, seconded by Councilmember Bolton. After a discussion Councilmember Cheek offered a substitute motion separating the referral to the Policy Committee and the moratorium into two separate actions, seconded by Councilmember Massey, and carried unanimously 9 to 0. The Council voted on the referral to the Policy Committee and approved by a vote of 8 to 1, with Councilmember Robertson in opposition. There was no motion made on the moratorium. Councilmember Kendrick asked for a time limit of approximately two weeks and he also requested a report from the police department on the citations issued in residential 25 miles per hour speed zones. 4. Consideration of adoption of Annexation Ordinances for twenty areas. (City-Initiated Annexations) (Recommended effective date: June 30, 1994). 1. Area 101-A: Northwood Office Plaza-Ramsey Street. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-379. 2. Area 107: Northgate Shopping Center (WalMart)-Ramsey Street AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-380. 3. Area 108: Townhouse Lane-Green Valley Road Area AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-381. 4. Area 110: Southview Circle (Central Portion) AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-382. 5. Area 111-A: Rosehill Road-McArthur Road Area AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-383. 6. Area 112: Bowden Road-Harbor Road Area AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-384. 7. Area 113-A: Ramsey Street-West Side - Between McArthur Road and Mid-South Insurance AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-385. 8. Area 114-A: McArthur Road-Walker Street Area AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-386. 9. Area 117: Country Club Drive at Gables Drive AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-387. 10. Area 122: Darden Property-North of Bromsworth Trail AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-388. 11. Area 211: 100 Westlake Road-National Career Centers AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-389. 12. Area 311: Skibo Road-Cliffdale Road Area AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-390. 13. Area 302: Ireland Drive-Raeford Road Area AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-391. 14. Area 303: Faison Avenue-John Marshall Road-Raeford Road Area AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-392. 15. Area 401: Ferndale Lane Island Area AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-393. 16. Area 402: Rear Parking Lot of Burger King Property - 2209 Gillespie Street AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-394. 17. Area 404: The Carrolton of Fayetteville (Rest Home) - 2743 Legion Road AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-395. 18. Area 405: Fayetteville Generals Office - 2823 Legion Road-North of Riddle Stadium AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-396. 19. Area 406: Camden Road-Southern Avenue Area AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-397. 20. Area 501: Cedar Creek Road Area (Includes southern portion of Len-Care Rest Home, plus office building at 1208 Cedar Creek Road) AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 94-05-398. Councilmember Bolton moved to approve the foregoing Resolutions, seconded by Councilmember Cheek, carried unanimously 9 to 0. Copies of the foregoing resolutions can be found in the City Clerk's office in Annexation Book No. 1994. 5. Consideration of adoption of Demolition Ordinance for property located at 327 COOL SPRING STREET. (Owner: Walter and Nancy Cline) (Continued from April 18, 1994, meeting). City Attorney, Robert C. Cogswell, Jr., presented this item and informed the Council that he and Mr. McGlothlin had come to an agreement in which the property owner would agreed to tear down the shed within 30 days if the City would remove the $15.00 charge for a permit. Mr. Cogswell further stated if the building is not torn down by the 30th day, the City will remove the shed on the 31st day, with a lien being placed on the property for the cost of such removal. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA (327 COOL SPRING STREET). ORDINANCE NO. NS 1994-10. Councilmember Bolton moved to adopt the ordinance, seconded by Councilmember Kendrick, and carried unanimously 9 to 0. 6. Consideration of Community Development Block Grant Funding for Fiscal Year 1994-95. (Continued from April 4, 1994, meeting. Public Hearing closed). City Manager, John Smith, addressed the Council. He informed them that all public hearings had been held on this matter and then presented the following report on the issues involved in developing an economic development program within the Community Development Block Grant program. The regulations on the HOME Program limit these funds to rental housing activities only, therefore any discussion of economic development activities must focus on CDBG funds. The City of Fayetteville has used substantial amounts of CDBG Funds in the past for specific economic development activities to include the Prince Charles Hotel Project and the downtown commercial loan program. A review of the activities of other major cities in North Carolina reveals that these cities either use CDBG Funds as a supplement to other funds, or do not use CDBG Funds at all in economic development activities. These cities have first developed economic development strategies and then funded programs to implement these strategies. HUD is currently reviewing new regulations that will hopefully make it easier for cities to use CDBG funds to assist small business under the "microenterprize" program. Mr. Smith recommended that funds be set aside in a "microenterprize" line item to be used to pay for an economic development strategy study. The target area study should be coordinated with the Planning Board's overall economic development strategy study for Cumberland County. This would allow the City Council to set its goals for economic development in very specific terms and not just in a general philosophy. Councilmember Cheek moved that the CDBG Grants and HOME Fund Programs be discussed and voted on separately, seconded by Councilmember Massey, carried unanimously by a vote of 8 to 1, with Councilmember Torrey in opposition. Councilmember Cheek moved to approve the CDBG proposed funding with an amendment that would designate a total of $50,000 inclusive of the proposed allocated funds of $16,600 to be used for economic development, planning and possible development in the enterprize neighborhoods, with the difference of $33,400.00 being proportionally taken from the housing rehabilitation funds on Lynn Avenue, University of States, Deep Creek Road and West Area, seconded by Councilmember Massey. A discussion ensued and questions were asked of both Mr. Herrera and Mr. Smith. Mr. Smith recommended that funds could be drawn from the housing rehabilitation funding and/or the deferred loan program area with the final decision being made by Council. Councilmember Torrey expressed his opposition to reducing the funds allocated for housing rehabilitation programs. Mayor Dawkins called for a vote on Councilmember Cheek's motion. The motion carried by a vote of 7 to 2 with Councilmembers Ross and Torrey in opposition. Councilmember Massey moved to approve the HOME Program as recommended, seconded by Councilmember Ross, carried by a vote of 8 to 1, with Councilmember Cheek in opposition. 7. Consideration of adoption of resolution lauthorizing the sale of surplus property located at the intersection of Eufaula Street and Vogel Drive in East Acres Subdivision. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. (VOGEL DRIVE AND EUFAULA STREET) RESOLUTION NO. R1994-52. Councilmember Ross moved to adopt the resolution, seconded by Councilmember Bolton. A discussion ensued regarding whether to sell the property or not. Mayor Dawkins called for a vote and the motion carried by a vote of 6 to 3, with Councilmembers Cheek, Robertson and Mayor Pro-Tem Blackwell in opposition. 8. Consideration of approval of request to N.C. DOT for 35 Miles Per Hour speed limit at Exit 49 area and installation of traffic signal on west side of bridge. Councilmember McBryde moved to approve the request, seconded by Councilmember Bolton, and carried unanimously 9 to 0. 9. Consideration of request to Cumberland County with regard to Clark Park lease. This item was presented by City Manager, John Smith. He reminded Council this action would be involving 16 acres, rather than 12 acres as originally presented. Councilmember Bolton moved to release 16 acres of a portion of Clark Park for the purpose of the construction of a veteran's nursing home and to request that the County Commissioners convey the remaining portion of what is known as Clark Park to the City of Fayetteville in fee simple, seconded by Councilmember Kendrick, and carried unanimously 9 to 0. 10. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. No nominations were made at this time. B. Nominations to fill three vacancies on Board of Appeals on Dwellings and Buildings. Councilmember McBryde nominated David Nichols for a 2nd term and Councilmember Massey nominated Adam Beyah for a 2nd term. C. Nominations to fill one vacancy on Fair Housing Hearing Board. No nominations were made at this time. 11. ADMINISTRATIVE REPORTS: A. Report on proposed storm drainage and paving of Englewood Drive. This item was included in the packet. 12. EXECUTIVE SESSION TO DISCUSS PROPERTY ACQUISITION Councilmember Bolton moved to go into Executive Session to discuss property acquisition, seconded by Councilmember Kendrick, and carried unanimously 9 to 0. Council went into Executive Session at 8:35 p.m. At 9:00 the regular session resumed with Councilmember Bolton moving to resume the regular session, seconded by Councilmember Kendrick, and carried unanimously 9 to 0. Mayor Pro-Tem Blackwell asked to be excused from the May 9, 1994 meeting because of a prior commitment to the Fayetteville Metro Vision Activities at Fayetteville State University. Councilmember Cheek moved to excuse Mayor Pro-Tem Blackwell, seconded by Councilmember Robertson, and carried by a vote of 9 to 0. Mayor Dawkins announced that there would be a special meeting of the Policy Committee on Tuesday, May 10, 1994 at 7:00 p.m. in the First Floor Multi-Purpose Room in City Hall. Councilmember Kendrick asked to be excused from the May 9, 1994 meeting. Councilmember McBryde moved to excuse Councilmember Kendrick, seconded by Councilmember Bolton, and carried unanimously 9 to 0. Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Robertson, and carried unanimously 9 to 0. There being no further business, the meeting adjourned at 9:04 p.m. SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS MAY 9, 1994 SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS AND FAYETTEVILLE CITY COUNCIL CITY HALL COUNCIL CHAMBER MAY 9, 1994 7:00 p.m. CITY OF FAYETTEVILLE Present: Mayor J. L. Dawkins Councilmembers Ida Ross, Robert Massey, Susan Cheek, Nat Robertson, Thelbert Torrey, Tommy Bolton, Milo McBryde, and Mark Kendrick. Absent: Mayor Pro-Tem J. Breeden Blackwell (excused) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager J. Ben Brown, Junior Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Kai Nelson, Finance Director CUMBERLAND COUNTY: Present: Chairman J. Lee Warren Commissioners Billy King, Marshall Faircloth, Juanita Gonzales, John Koefe, Jr., Thomas Bacote. Absent: Commissioner Johnny Evans Others Present: Clifford Strassenberg, County Manager Mayor J. L. Dawkins called the meeting to order. He introduced John Fersner and Keith Readling, Engineers with Ogden Environmental and Energy Services, who presented an update on the Storm Water Management Project in Cumberland County and the City of Fayetteville. Mr. Readling reported as follows: The Part 1 Permit Application The Part 1 application was a detailed description of the current state of Cumberland County's and Fayetteville's storm water systems. Of the 268 storm drains field investigated during dry weather, 93 showed signs of pollution. The Part 1 application was submitted to the State in August 1992 and was approved in December 1992. The Part 2 Permit Application The regulations required the County and City to complete plans for a comprehensive Storm Water Quality Management Program (SWQMP). In January 1993, the Board of Commissioners and City Council elected to join the two separate plans into a single SWQMP to be jointly implemented. This was done to eliminate duplication and overlap regarding the two separate programs but most of all to lessen the financial impact. Even with the cost savings of a joint program, the projected price tag for carrying out the SWQMP over a 5-year period is more than $7 million dollars. It is proposed that the SWQMP will be jointly funded by the County and City. The Part 2 application was submitted to the State in June 1993. The permit should be issued approximately July 1, 1994. Funding This mandatory program will be expensive. In June 1993, resolutions were approved by the Board of Commissioners and City Council to fund this program through a service charge system known as a storm water utility. The functions and costs associated with drainage control are similar to those for a water or sanitary sewer utility. This "storm water utility" will be set up and function similarly to other existing utilities. Along with funding the proposed storm water quality program, the utility will generate revenue to fund all components of storm water quality program, the utility will generate revenue to fund all components of storm water management including existing quantity (flooding) programs. A major objective of this program is to extend storm water services into the unincorporated portions of the County. The principal difference between water and sanitary sewer services charges and storm water service charges is the basis of measurement employed for setting rates. The basis for storm water charges is the runoff from a particular property. Due to many circumstances (complexity of working with two governing bodies, the need to complete the billing database, and the desire for community participation in the process), the start of the utility has been delayed until July 1, 1995. With the delay, funds must be appropriated from other sources to begin the NPDES permit programs and complete the development of the utility. The financial impact of this delay is being minimized by negotiating with the State to delay expenditures as long as possible. Budgetary Impact Starting in July 1994, there are several storm water program components that need to be accomplished during the next fiscal year to ensure forward progress. Those are: 1. The hiring of qualified personnel to oversee the implantation of the storm water quality management program and the development of the storm water utility. Key personnel must be involved during the process so that they are prepared to run the program as soon thereafter as possible. It is currently envisioned to hire two individuals to spearhead these efforts. 2. With the issuance of the NPDES Storm Water Discharge Permit on or about July 1, 1994, the County and City will be required to carry our certain programs. This effort will be accomplished by a combination of County and City staff along with the contracting out of certain services. The following is a list of tasks to be accomplished during the first year of this five-year permit: Task A-1: Project Administration and Management Task A-2: Revise SWQMP Schedule Task A-3: New Personnel Familiarization Task IN-1: Inspections, Control and Training Implementation Task CM-1: New Development Task ID-1: Legal Authority Task CS-1: Interlocal Agreement Task DC-1: Wet Weather Sampling 3. The development of the long-term funding mechanism for all storm water activities, the Storm Water Utility, will need to be completed by July 1995. The following tasks will be accomplished: Task A-3: Administration, Coordination and Meetings Task A-4: Public Education/Awareness Task U-5: Credit Manual Task D-6: Additional Data for Initial Billing 4. There will be miscellaneous expenses such as the purchase of equipment and supplies to support existing staff in carrying out new responsibilities. Some of these are inspection forms, printing cost for manuals, computer hardware and software, etc. All of the above components will require funding through next year's County and City budgets. The following table shows the projected costs: Storm Water Management Costs for 1994-95 Cumberland City of Combined County Fayetteville Total Staffing $69,820 $69,820 $139,640 (New Personnel) NPDES Storm $146,905 $146,905 $293,810 Water Permit Utility $111,420 $111,420 $222,840 Development Program $39,545 $39,545 $ 79,090 Expenses TOTALS $367,690 $367,690 $735,380 City Manager, John Smith, stated that it was both his and Mr. Strassenberg's opinion that funds from the utilities services should be used to reimburse the general funds of both the County and the City for the monies being expended from their 1994-95 budget. Ogden Environmental and Energy Services recommended that action be taken as follows: 1. Authorize the Chairman and Mayor to appoint individuals to a Storm Water Task Force. 2. Resolve to hire two individuals to oversee the implantation of the storm water quality management program and the development of the storm water utility. One employee would be hired by the City and the other by the County. A discussion was held regarding the structure of the Storm Water Task Force. By consensus, both bodies agreed that there would be a total of nine members, with four member from the City and four from the County, with an appointed chairperson. Councilmember Bolton moved to authorize the Mayor to appoint four members to the task force with a chairman being jointly appointed by Mayor Dawkins and Chairman Warren, seconded by Councilmember Robertson, carried unanimously by a vote of 8 to 0. Commissioner King moved to authorize chairman Warren to appoint four members to the task force on behalf of the County, with Chairman Warren and Mayor Dawkins jointly appointing a chairperson, seconded by Commissioner Bacote. Commissioner Gonzales made a substitute motion that the appointments be made in the Commission's usual manner which is appointment by the Commission itself, seconded by Commissioner Koefe. The vote was tied 3 to 3. Commissioners Koefe, Gonzales and Faircloth voted for the motion, and Commissioners King, Bacote and Warren voted against the motion. A vote was called on the original motion and carried by a vote of 4 to 2 with Commissioners Gonzales and Koefe voting against. There being no further business, the meeting was adjourned. REGULAR MEETING MINUTES MAY 16, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MAY 16, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); and Mark Kendrick (District 6) Absent: Suzan Cheek (District 5) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. Brown, Jr., Assistant City manager for Admin. and Finance Robert C. Cogswell, Jr., City Attorney Louis Chalmers, Traffic Services Director Ronald E. Hansen, Chief of Police Craig Hampton, Purchasing Al Mitchell, Assistant Planning Director Kai Nelson, Finance Director Dale J. Piner, Chief of Fire (Numbers at the beginning of each item corresponds with the meeting agenda and are included for reference purposes.) RECOGNITION: Mayor Dawkins presented Miss Teen Fayetteville, Melissa Johnson with a dozen red roses. Miss Johnson briefly addressed the council and audience. INVOCATION - PLEDGE OF ALLEGIANCE Pastor Harry Adams, Church of the Open Door, offered the invocation followed by Jimmy Laven, Boy Scout Troop 776, leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins advised Council that Councilmember Cheek was sick. Mayor Pro-Tem Blackwell moved to excuse Councilmember Cheek, seconded by Councilmember McBryde, carried unanimously by a vote of 8 to 0. 1. APPROVAL OF AGENDA Councilmember Robertson moved to approve the agenda, seconded by Councilmember Ross and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Mayor Pro-Tem Blackwell requested that Item 2I be pulled. Councilmember McBryde moved to approve the consent agenda with the exception of 2I, seconded by Councilmember Kendrick, and carried unanimously. The following items were unanimously approved: A. Approve minutes of regular meeting of May 2, 1994. 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 June 6, 1994, 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 Eastwood Avenue, east of us 401 North (Ramsey Street) and being a portion of the property of J. J. Barnes, Jr. (P94-54) D. Approve sale of property located at intersection of Vista Drive and Lakeview Drive by quitclaim deed to Patrick and Cheryl Koballa. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NUMBER R1994-53. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. E. Adopt resolution authorizing the sale of property located on Bradford Avenue to RWS General Builders, LLC. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NUMBER R1994-54. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. F. Adopt resolution authorizing the sale of surplus City property located on east side of Southern Avenue to Jesse Carter. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NUMBER R1994-55. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. G. Adopt resolution authorizing the sale of property located at 1617 Coley Drive to Robert McNeil. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE'S INTEREST IN CITY/COUNTY JOINTLY OWNED PROPERTY. RESOLUTION NUMBER R1994-56. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. H. Award of contract for purchase of water and wastewater chemicals to low bidders in the amounts as follows (PWC): Chemical Bidder Bid Caustic Soda Prillaman $ 92,358.75 Liquid Chlorine Jones Chemicals $109,200.00 Liquid Aluminum Sulfate Koch Sulfur $180,000.00 Hydrofluosilicic Acid LCI, Ltd. $ 24,240.00 Powdered Activated Carbon Prillaman $ 32,000.00 Liquid Ferric Chloride Jones Chemicals $ 69,930.00 Hydrated Lime Eastern Ridge Lime $ 73,000.00 Corrosion Inhibitor Technical Products $ 49,520.00 Liquid Ferrous Sulfate Alchem $ 25,700.00 I. (Pulled for discussion.) J. Award of contract for purchase of one (1) 2500 kVa Padmounted Transformer to Scott-Parish, low evaluated bid in the amount of $19,794.32 (PWC). Bids were as follows: Scott-Parish (Raleigh, NC) $19,794.32 HESCO, Inc. (Smithfield, NC) $25,820.00 Power Supply (Matthews, NC) $20,760.00 Rigby Electric (Rocky Mount, NC) $20,764.00 K. Award of contract for purchase of 24-inch water main extension along School Road to Blue Construction, low bidder in the amount of $187,240.00 (PWC). Bids were as follows: Blue Construction $187,240.00 Dellinger, Inc. $195,710.00 State Utilities $209,715.00 Mark Johnson $213,717.00 T. A. Loving $226,986.00 W. M. Paris $247,485.00 I. Award of contract for purchase of forty-eight (48) 50 kVa CSP Transformers to Power & Telephone, low evaluated bid (PWC). Mayor Pro-Tem Blackwell asked for clarification on the award of a low evaluation bid. Mr. James Rose, Director of Support Services at PWC explained the procedure. Mayor Pro-Tem Blackwell moved to accept the low evaluation bid of Power & Telephone (Knoxville, TN), seconded by Councilmember Massey, carried unanimously 8 to 0. Bids were as follows: Power & Telephone (Knoxville, TN) $41,880.00 HESCO, Inc. (Smithfield, NC) $45,792.00 Power Supply (Matthews, NC) $55,632.00 Rigby Electric (Rocky Mount, NC) $55,584.00 National Transformer (Raleigh, NC) $43,920.00 Scott Parish (Raleigh, NC) $21,283.84 WESCO (Raleigh, NC) $42,096.00 Tennessee Valley (Charlotte, NC) $42,144.00 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and non-public hearings. A. Consideration of ordinance amending Section 27-11(e) of the Code of Ordinances. (Traffic signs on private streets) City Attorney Robert C. Cogswell, Jr., presented this item. He informed council this was the advertised public hearing to require that the signage on private streets comply in terms of size, shape, color, or other requirements, but they don't have to comply from the standpoint of materials. Mr. Cogswell asked that a grammatical change be made in section (e) changing the word "with" to the word "in". There being no one present to speak either in favor or opposition the public hearing opened and closed at 7:19 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 27-11(e) OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NUMBER S1994-08. Councilmember Bolton moved to adopt the foregoing ordinance, seconded by Councilmember Kendrick, carried unanimously 8 to 0. Councilmember Kendrick inquired as to who was responsible for replacing signs. City Manager, John Smith reported that the Homeowners Association would be totally responsible. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1994. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on Bessemer Circle, Cochran Avenue (West), Corrinna Street, and Topeka Street. Mr. Louis Chalmers, City Traffic Engineer, presented this item. This is the advertised hearing for this date and hour. There being no one present to speak either in favor or opposition, the public hearing opened and closed at 7:23 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NUMBER NS1994-11. Councilmember Bolton moved to approve, seconded by Mayor Pro-Tem Blackwell, carried unanimously 8 to 0. A copy of the foregoing ordinance can be found in the City Clerk's office in Ordinance Book NS1994. C. Consideration of adoption of resolution closing a portion of Calla Circle. City Manager, John Smith presented this item. This is the advertised hearing set for this date and hour. There being no one present to speak either in favor or opposition, the public hearing opened and closed at 7:25 p.m. RESOLUTION AND ORDER CLOSING A PORTION OF CALLA CIRCLE (FORMERLY CALLA DRIVE). RESOLUTION NUMBER R1994-57. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. Councilmember Massey moved to adopt, Mayor Pro-Tem Blackwell seconded, carried unanimously 8 to 0. D. Consideration of an application by the Trustees of Highland Presbyterian Church for a Special Use Permit to allow a charitable institution in an R5 Residential District for an area located at the south end of Davis Street and on the south side of Davis Court and being the property of Highland Presbyterian Church Trustees. (P94-64) Mr. Al Mitchell presented this item. This is the advertised public hearing for this date and hour. Mayor Pro-Tem Blackwell asked to be excused from either voting or participating in the discussion because of his status as a trustee of Highland Presbyterian Church. Councilmember Kendrick moved to excuse Mayor Pro-Tem Blackwell from voting and participating in the discussion, seconded by Councilmember McBryde, carried by a vote of 7 to 0. There being no one to speak either in favor or opposition, the public hearing opened and closed at 7:29 p.m. Upon the motion of Councilmember Kendrick to grant the Special Use Permit to Highland Presbyterian Church, seconded by Councilmember McBryde, the Council by a vote of 7 to 0 with Mayor Pro-Tem Blackwell being excused, made the following findings of fact: a. The proposed use fits in with the character of the neighborhood; and b. The proposed use is not detrimental to the surrounding neighborhood. 4. Presentation by Karen Chinn, Chinn & Associates, on space needs for Police Department. City Manager, John Smith, presented Karen Chinn of Chinn & Associates. Ms. Chinn prepared the space needs analysis for the proposed new Police Department building. She presented an overview of her study and explained how she compiled the recommendations set out in her report for the Fayetteville Police Department. A discussion ensued with City Council requesting that Ms. Chinn be available for additional consultation at a later date. 5. Consideration of request from Olde Fayetteville Association. City Manager, John Smith presented this item. Mr. Smith informed Council that in response to Dr. Menno Pennick's request for a summit on Downtown economic development, Mr. Robert Marvin, a nationally known architect had been contacted. Mr. Marvin had reviewed the Fayetteville Conceptual Plan and felt it was a good plan that needed to be updated and refocused. Mr. Smith stated the fee for this initial planning would be approximately $15,000.00. The Olde Fayetteville Association has committed $5,000.00, the Chamber of Commerce has contributed $2,000.00 and $3,000.00 has been raised from the business community. He recommended to Council that the City contribute a sum of $5,000.00. Councilmember McBryde moved to approve the request for $5,000.00 seconded by Councilmember Robertson, carried unanimously by a vote of 8 to 0. 6. Consideration of adoption of resolution requesting a Local Act by the General Assembly authorizing amendment of Chapter 11 of the Fayetteville City Code. City Attorney, Robert Cogswell, presented this item. He informed Council the Human Relations Commission had forwarded this item and was asking that a local act be obtained from the General Assembly that would broaden some of the provisions of the current Fair Housing Ordinance. The revisions would enable the City of Fayetteville to obtain a designation of "substantial equivalency" through HUD. If this status were obtained, HUD would certify cases down to our Fair Housing Board for investigation of complaints. This would entitle our Fair Housing Board to receive funds to assist the agency in any investigations. Currently in North Carolina five cities and counties have been designated as "substantially equivalent". Mr. Cogswell further explained the key to the amendments was the Fair Housing Board's authority would be expanded to include the issuance of subpoenas and enforcement of non-compliance by the state court system. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE SEEKING AUTHORITY TO AMEND ITS FAIR HOUSING ORDINANCE IN ORDER TO OBTAIN SUBSTANTIAL EQUIVALENCY UNDER THE CIVIL RIGHTS ACT. RESOLUTION NUMBER R1994-58. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. Councilmember Torrey moved to adopt the resolution requesting a local act, seconded by Mayor Pro-Tem Blackwell. A lengthy and in depth discussion ensued. Councilmembers expressed their concerns about liability issues, subpoena power and judicial proceedings being conducted by a non-judicial body. Councilmember Bolton called for the question, seconded by Councilmember Massey and carried by a vote of 7 to 1 with Councilmember Kendrick in opposition. Mayor Dawkins called for the vote on the motion. The motion carried by a vote of 5 to 4. Mayor Pro-Tem Blackwell, Councilmembers Ross, Massey and Torrey voted in favor. Councilmembers Kendrick, Bolton, McBryde and Robertson voted in opposition. Mayor Dawkins then cast the tie breaking vote in favor of passing the resolution. 7. Consideration of adoption of resolutions concerning the solid waste flow control: A. County Flow Control Ordinance. RESOLUTION OF THE CITY COUNCIL MAKING CERTAIN ORDINANCES OF CUMBERLAND COUNTY APPLICABLE WITHIN THE CITY OF FAYETTEVILLE. RESOLUTION NUMBER R1994-59. B. Resolution urging the N.C. General Assembly to continue local government control of solid waste flow. NORTH CAROLINA LOCAL GOVERNMENT'S ADVISORY RESOLUTION TO NORTH CAROLINA GENERAL ASSEMBLY REGARDING MUNICIPAL SOLID WASTE MANAGEMENT. RESOLUTION NUMBER R1994-60. Councilmember Bolton moved to adopt the foregoing resolutions, seconded by Councilmember Kendrick, and carried unanimously by a vote of 8 to 0. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1994. 8. Consideration of revision to Public Street Standards. Mayor Pro-Tem Blackwell inquired as to whether a public hearing was legally required in this matter. Mr. Cogswell informed the Council that there was no legal requirement for a public hearing on this item. Councilmember Bolton moved to approve the revision to the Public Street Standards changing the minimum lane width at subdivision entrances excluding curb and gutter to 20 feet, seconded by Councilmember Kendrick, carried unanimously by a vote of 8 to 0. 9. Consideration of adoption of resolution declaring the results of the Special Bond Referendum held in the City of Fayetteville on May 3, 1994, upon the questions of approving $16,000,000 Street Improvement Bonds, $8,000,000 Storm Drainage Improvement Bonds, $3,000,000 Sidewalk Bonds and $1,000,000 Fire Station Bonds. RESOLUTION DECLARING THE RESULTS OF THE SPECIAL BOND REFERENDUM HELD IN THE CITY OF FAYETTEVILLE ON MAY 3, 1994 UPON THE QUESTIONS OF APPROVING $16,000,000 STREET IMPROVEMENTS BONDS, $8,000,000 STORM DRAINAGE IMPROVEMENT BONDS, $3,000,000 SIDEWALK BONDS AND $1,000,000 FIRE STATION BONDS. RESOLUTION NUMBER R1994-61. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Bolton, carried unanimously by a vote of 8 to 0. Mayor Pro-Tem Blackwell commended Mr. Smith and his staff for their hard work and successful endeavors. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. 10. Report from Policy Committee. Councilmember McBryde reported that after review, the Police Committee had decided to make no changes in City Council policies. 11. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. No nominations were made at this time. B. Nominations to fill one vacancy on Fair Housing Hearing Board. No nominations were made at this time. C. Nominations to fill three vacancies on Board of Appeals on Dwellings and Buildings. No nominations were made at this time. D. Election of nominee to Board of Appeals. Mayor Pro-Tem Blackwell moved to reappoint David Nichols and Adam Beyah to another term on the Board of Appeals on Dwellings and Buildings, seconded by Councilmember Robertson and carried unanimously by a vote of 8 to 0. 12. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of April, 1994, from the Cumberland County Tax Collector. 1993 Taxes $ 44,727.38 1993 Vehicle Taxes $ 97,750.71 1993 FVT $ 14,316.32 1992 Taxes $ 11,480.82 1992 FVT $ 131.29 1991 Taxes $ 4,343.25 1991 FVT $ 45.83 1990 Taxes $ 2,631.46 1989 & Prior Real & Personal Taxes $ 239.51 Total Interest $ 6,785.58 Total Collections $182,452.15 B. Report of tax refunds less than $100. Taxpayer's Nature of Name Clerical Error Amount Gilbert Burgess Corrected square and wife footage charged $469.99 C. Report on televising of City Council meetings. City Manager, John Smith presented this item. He explained Cablevision of Fayetteville has agreed to absorb the cost of equipment necessary for televising council meetings on the Community Channel. They have agreed to do the same for the County Commissioner meetings. The County Commission will have priority on scheduling of live cablecast due to the County's franchise agreement with Cablevision. The only problem at this time is that Cablevision's money for purchase of the equipment is not in their annual budget. If both units of government agree however, Cablevision will begin the necessary licensing process immediately. Since their physical year does not begin until January 1, 1995, and they will not purchase the equipment until January, 1995. They would be able to begin operations in February or March. Mayor Pro-Tem Blackwell moved to endorse the concept of televising City Council meetings and to proceed with all details required to set up the procedures to implement the program, seconded by Councilmember Massey. A discussion was held. Councilmember Massey called the question, carried by a vote of 7 to 1 with Councilmember McBryde in opposition. Mayor Dawkins called for a vote on the motion. It carried unanimously by a vote of 8 to 0. Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Robertson, and carried unanimously 8 to 0. There being no further business, the meeting adjourned at 9:12 p.m. INFORMATION MEETING MINUTES MAY 23, 1994 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES SHAW AUDITORIUM FAYETTEVILLE STATE UNIVERSITY MAY 23, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, Milo McBryde, Nat Robertson, Jr., Tommy Bolton, Ida Ross, Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek, Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert C. Cogswell, Jr., City Attorney Various Department Heads Mayor Pro-Tem Breeden Blackwell called the meeting to order and introduced Reverend Garfield Warren of College Heights Presbyterian Church for the invocation. Mayor Pro-Tem Blackwell then recognized Councilmember Massey for any comments as the host Councilmember. Upon motion by Councilmember Bolton, seconded by Councilmember Massey, the Council voted unanimously to approve the agenda. Mayor Pro-Tem Breeden Blackwell then opened the Public Forum and recognized the following speaker: Dr. W. T. Brown, representing Fayetteville State University, issued a welcome to the Council and the audience. Robert Franklin, 1835 Cascade Avenue, spoke on behalf of the neighborhood watch district 1. Mr. Franklin thanked the Council for its efforts and requested the expansion of Mobile I services in the Police Department. This expansion was specifically the stationing of Mobile I at the Suburban Mart. Mr. Franklin also complained about the smell on Normal Street at the seafood restaurant. Tom Smith, 1004 Cobblestone Drive, spoke on behalf of the neighborhood watches for Districts 12, 2 and 3. Mr. Smith recommended expanding the Juvenile Detention Center and requested the expansion of Mobile I services. He commended the Police Department on their fine job. He also requested that officers be stabilized in each residential area. Bobby Swilley, 1014 Westmont Drive, commended the services of the Fayetteville Police Department. Irani Muhammed, 1720 Eldridge Street, asked that the City Council implement programs to help black boys feel good about themselves. Joey Biddix, 133 Bayshore Drive, spoke as a boy scout and said that he was proud of his City, Fayetteville. Moses Best, 1824 Broadell Drive, complained about the trash dump at the end of Stanberry Street. He is also concerned about the condition of Elmwood cemetery. Rosie O'Queen, 1608 Edgecombe Avenue, requested a light at Edgecombe and Langdon Street at the entrance to Fayetteville State University. Barbara Armstrong, Hooper Street, spoke representing the Women's Center. Clinton Harris, 4713 Watauga Drive, addressed the problem of the ditch off Wilmington Road near the Habitat for Humanity Homes on Sessom Street and asked the City to take action to cover the ditch. Captain Knowles Atchison, a student at Webster University, presented the results of a sanitation survey conducted by Webster University students on behalf of the City of Fayetteville. The survey indicated satisfaction by approximately 87% of the City’s resident with solid waste collection services. The council next considered the adoption of a resolution authorizing the sale of surplus material in Public Auction. Upon motion by Councilmember McBryde, seconded by Councilmember Kendrick, the Council voted unanimously to approve the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE OF NOTICE OF SALE OF CITY OWNED SURPLUS PROPERTY. RESOLUTION NUMBER R1994-62. A copy of the foregoing resolution is on file in the City Clerk’s office in Resolution Book R1994. City Manager John Smith then presented the recommended budget for 1994/95. He first reviewed the accomplishments from the 1993/94 work program. His review included revenue projections and proposed initiatives. Upon motion by Councilmember Kendrick, seconded by Councilmember Ross, the Council voted unanimously to set the Public Hearing on the 1994/95 budget for June 6, 1994, 7 p.m., City Hall. The Council then decided to meet at 6 p.m., June 2, 1994, in the first floor Multi-Purpose Room of City Hall to discuss the budget. Upon motion by Councilmember Bolton, seconded by Councilmember Ross, the Council voted unanimously to adjourn the information meeting at 9 p.m. SPECIAL MEETING MAY 31, 1994 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING FAYETTEVILLE TECHNICAL COMMUNITY COLLEGE MAY 31, 1994 7:00 p.m. Present: Mayor J. L. Dawkins Councilmembers Suzan Cheek, Tommy Bolton, Milo McBryde, Nat Robertson, Absent: J. Breeden Blackwell, Ida Ross, Robert A. Massey, Jr.,Thelbert Torrey, Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Board of Directors, Fayetteville Chamber of Commerce The meeting was called to order by Glenn Jernigan, Chairman of the Joint Blue Ribbon Task Force on Litter. Mayor J. L. Dawkins called the Council meeting to order with remarks on the importance of the work of this task force. Chamber Chairman Cal Wells then addressed the meeting concerning the report of the task force. Chairman Jernigan then reviewed the objectives of the task force and recognized Cathy Barkley of FTCC for a multi-media presentation of the task force report. After the report, Chairman Jernigan recognized FAEDC President Danny Fore who talked about the impact of litter on economic development. Horace Thompson represented the Convention and Visitors Bureau and discussed the impact of litter on tourism and Jerry Strand of Health Care 99 offered assistance from the Health Care 99 Quality of Life Task Force. Upon motion by Councilmember McBryde, seconded by Councilmember Bolton, Council voted unanimously to accept the report. Following the remarks by Chamber Chairman Cal Wells, Mayor Dawkins adjourned the council meeting. BUDGET WORKSHOP JUNE 2, 1994 FIRST FLOOR MULTI-PURPOSE ROOM CITY HALL 433 HAY STREET JUNE 2, 1994 6:00 p.m. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, Milo McBryde, Nat Robertson, Ida Ross, Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek, Mark Kendrick Absent: Councilmember Tommy Bolton Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Mayor Dawkins called the meeting to order at 6:25 p.m. He recognized City Manager John Smith for a continuation of his budget presentation. City Manager Smith focused on the status of the fund balance and a discussion of future capital needs. He also discussed 1994 initiatives and future capital priorities as the purchase of MDT's for the Police Department, the purchase of the 800 MHZ radio system for public safety and the construction of the Police Headquarters. Mr. Smith indicated that a 1.5 cent tax-increase would allow the City to purchase the MDT's this year with a proceeds from that tax increase in future years making the payment on long term financing of the police building. Council next considered the governing body budget and discussed the need for individual travel and communications budgets for Councilmembers. Council discussed the request by the Arts Council for increased funding for the arts. Council entered into a discussion of the potential need for additional police officers based on the following report from consultant Karen Chin. Councilmembers asked that the Chief of Police be at the next meeting to answer questions. They also requested the presence of other Department Heads. Please Note: To view the 1991 Crime Comparison Table, please see the printed copy of the City of Fayetteville Meeting Minutes. Upon motion by Councilmember Ross, seconded by Councilmember McBryde, the Council voted unanimously to recess until June 8, 1994, 6 p.m. in the first floor Multi-Purpose Room of City Hall. REGULAR MEETING MINUTES JUNE 6, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET JUNE 6, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2), arrived at 7:14 p.m.; Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); and Mark Kendrick (District 6) Absent: Susan Cheek (District 5) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. Brown, Jr., Assistant City manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Al Mitchell, Assistant Planning Director Jimmy Teal, Assistant City Manager for Planning and Development Jason Brady, Public Information Officer Members of the Press (Numbers at the beginning of each item corresponds with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Rabbi Bernard Shoter, Beth Israel Congregation, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins recognized Cathy Lada, Executive Assistant for Governmental Affairs for the Fayetteville Area Chamber of Commerce. Councilmember Bolton moved to excuse Councilmember Cheek and Councilmember Ross until they arrived at the meeting, seconded by Councilmember Massey, carried by a vote of 7 to 0. 1. APPROVAL OF AGENDA Councilmember Bolton moved to approve the agenda, seconded by Councilmember Kendrick, carried unanimously 7 to 0. 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 A, M and N. Mayor Pro-Tem Blackwell requested to pull Item O. Councilmember Torrey requested to pull Item K. Councilmember Bolton moved to approve the consent agenda with the exception of Items A, K, M, N and O. After a second from Councilmember McBryde the consent agenda and following items were unanimously approved: A. (Pulled for discussion). B. Approve minutes of regular meeting of May 16, 1994. C. Approve award of contract for purchase of various sizes and classes of Wood Distribution Poles to Koppers Industries, low bidder in the amount of $217,980.20. Bids received were as follows (PWC): Koppers Industries (Florence, SC) $217,980.20* General Wood (Leland, NC) $234,708.02 Atlantic Wood (Savannah, GA) $235,372.00 Ace Pole Co. (Waycross, GA) $235,442.00 Brown Wood (Pensacola, FL) $250,357.27 Thomasson (Philadelphia, MS) $255,570.60 North Pacific (Portland, OR) $269,323.75 D. Approve award of contract for purchase of various sizes of classes of Wood Transmission Poles to Koppers Industries, low bidder in the amount of $141,121.00. Bids received were as follows (PWC): Koppers Industries (Florence, SC) $141,121.00* Thomasson (Philadelphia, MS) $151,589.00 Brown Wood (Pensacola, FL) $171,953.93 North Pacific (Portland, OR) $176,526.05 E. Set public hearing for August 1, 1994, to consider the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located at the north end of Copenhagen Drive, north of Eastwood Avenue and east of Ramsey Street (US 401 North) and being a portion of the property of Village Development Group, Inc. (P94-42) F. Set public hearing for July 5, 1994, to consider an application by Montessori Children's Home of Fayetteville for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (3), to expand the operation of a home for the care of children in a P2 Professional District for an area located at the north end of Cape Court, north of Cape Center Drive, and being all of Lots 7 and 8 of the property of Cape Center Professional Park. (P94-55) G. Set public hearing for July 5, 1994, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Article IX, Section 32-62.1 "Vested Development Rights." by designating the current provision as Subsection (A) and by creating Subsections (B) and (C). (P94-60) H. Set public hearing for July 5, 1994, to consider the rezoning from R15 Residential District to R10 Residential District or to a more restrictive zoning classification for an area located at 334 Westview Drive and being the property of Walker Worth, III. (P94-59) I. Approve the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 1811 Pamalee Drive and being the property of Robert and Edna Moody. (P94-65) J. Approve the initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located on the west side of McArthur Road, between Walker Street and Rosehill Road and being the property of Douglas Torr, and being all of Annexation No. 94-04-378, effective April 4, 1994. (P94-66) K. (Pulled for discussion). L. Approve award of lease purchase contract for one pothole patcher with cab and chassis to Lafayette Ford, lowest responsible bidder in the amount of $66,234.00. Bids were received as follows: Lafayette Ford $66,234.00* Bruder/Sharpe, Inc. $67,574.00 M. (Pulled for discussion). N. (Pulled for discussion). O. (Pulled for discussion). P. Approve amendment to Section 20-106 of the Fayetteville City Code. (Traffic Schedule Number 11 - Parking Prohibited Ann Street, Gray Street and Lamon Street) AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. NS1994-12. A copy of the foregoing ordinance is on file in the City Clerk's in Ordinance Book NS1994. A. Approve minutes of special joint meeting with Cumberland County Board of Commissioners on May 9, 1994. Councilmember Kendrick asked for clarification on the minutes. Mayor Pro-Tem Blackwell requested that a correction be made in the spelling of Commissioner Keefe's name. Councilmember Kendrick moved to approve the minutes, seconded by Councilmember Bolton, carried unanimously by a vote of members present 7 to 0. Councilmember Ross arrived at the meeting at 7:14 p.m. K. Adopt Budget Ordinance Amendment 94-10. Councilmember Torrey asked for an explanation of this expenditure. City Manager, John Smith, stated this was for the cost of street lighting in the City of Fayetteville. Councilmember Torrey moved to adopt the ordinance, seconded by Councilmember Massey, carried unanimously by a vote of 8 to 0. M. Approve award of construction contract for Hadley Court revitalization to McDonald Grading Company, lowest responsible bidder in the amount of $32,611.50. Councilmember Kendrick inquired about the difference in the contract bids. Mr. Smith stated that sometimes a company will over bid because they do not want to do the job. Councilmember Kendrick moved to approve, seconded by Councilmember Bolton, carried unanimously by a vote of 8 to 0. Bids were received as follows: McDonald Grading $32,611.50* Barnhill Contracting $75,000.00 N. Approve award of construction contract for resurfacing various streets to Crowell Constructors, Inc., lowest responsible bidder in the amount of $917,837.48. Councilmember Kendrick requested clarification on the streets which would be resurfaced under this contract. City Manager, John Smith, stated it was all of List A and a portion of List B. Councilmember Kendrick asked that the exact cutoff be made available at the next meeting. Councilmember Kendrick moved to approve, seconded by Councilmember Bolton, carried unanimously 8 to 0. Bids received were as follows: Crowell Constructors $ 917,837.48* Barnhill Contracting $ 985,222.95 McDonald Grading $1,160,323.30 O. Approve award of construction contract for parking lot improvements (Gilmore Recreation Center) to McDonald Grading Co., lowest responsible bidder in the amount of $121,717.50. Mayor Pro-Tem Blackwell asked for clarification as to what was being done at the Gilmore Recreation Center. Mr. Robert Barefoot explained the plans for paving both parking lots and changing the circular driveway in front of the building. Mayor Pro-Tem Blackwell moved to approve the award to McDonald Grading Inc., seconded by Councilmember Kendrick, carried unanimously 8 to 0. Bids received were as follows: McDonald Grading $121,717.50* Barnhill Contracting $129,424.30 Crowell Construction $164,838.75 3. PUBLIC HEARINGS: A. 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 US 401 North (Ramsey Street) and being a portion of the property of J. J. Barnes, Jr. (P94-54) Mr. Al Mitchell of the Planning Department, presented this item. He stated the Planning Board recommended rezoning of this property from C1 Shopping Center District to R5 Residential District. The staff's recommendation was to deny the R5 Residential District and approve an R6 Residential District. This is the advertised public hearing for this date and hour. The public hearing opened at 7:21 p.m. Mr. Lester Roberts, 1987 Penrose Drive, Fayetteville, NC and Mr. Charles C. Cotton, 6516 North Dorchester Place, Fayetteville, NC, appeared in favor of the rezoning and stated they represented Lewis Chapel Baptist Church. They explained to Council their intention was to place a retirement home, which had been HUD approved for $2.8 million on the property. Attorney Neil Yarborough, representative of the land owner, also appeared in favor of the rezoning. Mr. Yarborough expressed his opinion this was needed to meet the needs for retirement homes in Fayetteville and to stimulate the local economy from outside sources. Mr. Howard Williams, 114 Eastwood Avenue, Fayetteville; NC, Mr. Robert Gore, 3044 Copenhagen Drive, Fayetteville, NC; Mr. Lamont Ware, 2724 Rivercliff Road, Fayetteville; NC and Mr. Billy V. Cane, 2801 Ramsey Street, Fayetteville, NC appeared in opposition. Mr. Williams presented the Deputy Clerk with a petition signed by 202 residents of the surrounding neighborhoods. This petition was in opposition to the rezoning. The public hearing closed at 7:50 p.m. Mayor Dawkins reminded the Council and citizens that the Council is authorized to zone property only and they cannot base zoning decisions on anything shown or promises as to what will be put on the property. Councilmember Ross moved to approve the request for rezoning, seconded by Councilmember Torrey. A discussion ensued. Councilmember Robertson suggested the solution to this problem would be an overlay. Councilmember Massey expressed his concern with the charge that a retirement home would bring down property value. He stated his vote would reflect what he felt was best for the surrounding neighborhood. Mayor Pro-Tem Blackwell stated that the City Council had set a goal of neighborhood preservation and expressed his concern about the amount of land area to be used for the proposed units. He stated his opposition to the motion. Councilmember Torrey expressed his support for the motion. Mayor Dawkins called for a vote on the motion. The motion to rezone was defeated by a vote of 5 to 3. Councilmembers McBryde, Bolton, Robertson, Kendrick and Blackwell voted against. Councilmembers Ross, Massey and Torrey voted in favor. B. Consideration of Recommended Budget for FY 94-95. City Manager, John Smith, presented this item. This is the advertised public hearing for this date and hour. The public hearing opened at 8:05 p.m. The following speakers and organizations appeared before the Council and requested funding for their outside agency for the 1994-95 budget. Speaker Organization 1. Musical Skit Arts Council, Cape Fear Regional Theater, Fayetteville Symphony, Area Sentencing Center 2. John Holmes, Salvation Army, Chairman, Finance Committee and Major Robert Melton 3. Mary Hendrickson, The Coalition of Services to the President Homeless Anita Hill 4. Horace Thompson Old Fayetteville Association 5. Ann Spiesberger Fayetteville Dogwood Festival 6. Susie Gnann, Fayetteville Sentencing Center Executive Director 7. John Malzone Fayetteville Independent Light Infantry The public hearing closed at 9:05 p.m. A question and answer period ensued. 4. Consideration of request to address City Council from James Gibson, Wilmington Road Improvement Group. Mr. James Gibson addressed the Council and requested that something be done about the drainage ditch in the Wilmington Road area. Councilmember McBryde moved to send this item to the Streets and Road Committee for their review and recommendation of a solution. Mayor Pro-Tem Blackwell made a friendly amendment to the motion that on June 20, 1994 a final report/recommendation be presented to City Council for action. Councilmember McBryde accepted the friendly amendment. A discussion followed regarding whether the referral to the Committee would prolong action on the matter. Councilmember Massey expressed his support for sending the problem to staff. Councilmember Torrey suggested using bond funds. Mayor Dawkins called for a vote. The vote was tied 4 to 4. Mayor Dawkins cast the tie breaking vote in favor of the motion. The motion to refer this item to the Streets and Roads Committee carried by a vote of 5 to 4 with Councilmembers McBryde, Bolton, Kendrick, Blackwell and Mayor Dawkins voting for and Councilmember Robertson, Massey, Ross and Torrey voting against. Councilmember Kendrick announced a special meeting of the Streets and Roads Committee for June 13, 1994 at 12:00 noon in the First Floor Multipurpose Room at City Hall. 5. Consideration of receipt of recommendations of Blue Ribbon Panel on Litter. City Manager John Smith presented this item and informed the Council this action was necessary to reaffirm their previous action where a quorum was not present for the vote. Councilmember McBryde moved to accept the report, seconded by Councilmember Robertson, carried unanimously 8 to 0. 6. Consideration of adoption of resolution supporting the Enterprise Community Application. RESOLUTION SUPPORTING THE DESIGNATION OF FAYETTEVILLE/CUMBERLAND COUNTY AS AN ENTERPRISE COMMUNITY. RESOLUTION NUMBER R1994-63. Councilmember Bolton moved to adopt the resolution, seconded by Councilmember Kendrick, carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the City Clerk's office and can be found in Resolution Book R1994. 7. Consideration of rejection of all bids for Transit Fuel Facility upgrade. City Manager, John Smith presented this item. Based upon the recommendation of the Bid Awards Committee he suggested rejection of the bid prices because they clearly appeared to be out of line and unreasonable. Councilmember Kendrick moved to reject the bids, seconded by Mayor Pro-Tem Blackwell, carried unanimously 8 to 0. Bids received were as follows: Arnold Equipment $184,299.00 Jones & Frank $224,029.00 8. Consideration of award of lease purchase contract for fire rescue vehicle to C.W. Williams & Company, lowest responsible bidder in the amount of 183,754.00. Councilmember Bolton moved to award the contract, seconded by Councilmember Kendrick, carried unanimously 8 to 0. Bids received were as follows: American Fire & Rescue Piedmont Fire $145,000.00 & Safety C. W. Williams & Co. $183,754.00* American Fire & Rescue Piedmont Fire $189,847.00 & Safety (Alternate 1) American Fire & Rescue Piedmont Fire $189,847.00 & Safety (Alternate 2) AERO Products Corporation $201,786.66 9. Consideration of adoption of three Resolutions of Intent to Annex three contiguous properties owned by the City, Pursuant to G.S. 160A-31(g) A. College Lakes Park (Located at 4846 Rosehill Road; Includes approximately 1,385 Feet of Rosehill Road) RESOLUTION STATING THE INTENT OF THE FAYETTEVILLE CITY COUNCIL TO ANNEX PROPERTY OWNED BY THE CITY WHICH IS CONTIGUOUS TO THE EXISTING MUNICIPAL BOUNDARIES. RESOLUTION NUMBER R1994-64. B. Little Cross Creek Property (Located Along Little Cross Creek, Between Kornbow Lake and Mintz Pond) RESOLUTION STATING THE INTENT OF THE FAYETTEVILLE CITY COUNCIL TO ANNEX PROPERTY OWNED BY THE CITY WHICH IS CONTIGUOUS TO THE EXISTING MUNICIPAL BOUNDARIES. RESOLUTION NUMBER R1994-65. C. Cape Fear River Property (Located Along Western Side of Cape Fear River; Includes 2.43 Mile Section of River) RESOLUTION STATING THE INTENT OF THE FAYETTEVILLE CITY COUNCIL TO ANNEX PROPERTY OWNED BY THE CITY WHICH IS CONTIGUOUS TO THE EXISTING MUNICIPAL BOUNDARIES. RESOLUTION NUMBER R1994-66. Councilmember Massey moved to adopt the foregoing resolutions, seconded by Mayor Pro-Tem Blackwell, carried unanimously 8 to 0. Copies of the foregoing resolutions can be found in the office of the City Clerk in Resolution Book R1994. 10. Consideration of adoption of resolution declaring its intention to reimburse itself from the proceeds of one or more tax-exempt bond issues for certain expenditures to be made in connection with the acquisition, construction and equipping of certain capital improvements. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT BOND ISSUES FOR CERTAIN EXPENDITURES TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS. RESOLUTION NUMBER R1994-67. Councilmember Bolton moved to adopt the resolution, seconded by Mayor Pro-Tem Blackwell, carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. 11. Consideration of award of solid waste collection contracts for annexed areas. Deputy City Manager, Roger Stancil presented this item. He informed Council that effective July 1, the City will be responsible for providing solid waste collection services to our newly annexed citizens at the same level the services are currently being provided. Two private haulers complied with the statutory process under which the City becomes obligated to either contract with them for service or compensate them for lost revenue. The total number of customers in Area 200 of these two companies was 372 households out of an estimate of 2900 households in the area. It was decided to bid service to determine the approximate costs of service. ARS submitted the low bid of $5.97 per month per customer. Mr. Stancil recommended that Council award the bid to ARS for service to all households in Area 200 and authorize the City Manager to negotiate a contract for that service. Councilmember Bolton moved to award the bid to ARS for services to all households in Area 200 and to authorize City Manager, John Smith, to negotiate a contract for that service, seconded by Councilmember Kendrick, carried unanimously 8 to 0. The following bids were received: ARS-Waste MGT, Ltd. $5.97* Waste Industries, Inc. $6.19 BFI Waste Industries $6.91 Cumberland Garbage $9.75 Mr. Stancil further informed the Council that ARS has offered to defer any compensation due them under state statutes for three years, when the contract above will terminate. At that time, the City, at Council's option, could pay ARS the amount due or renew the contract for service as awarded under the same terms and conditions for two more years and ARS would waive the amount due them. Mr. Stancil recommended that Council authorize the City Manager to negotiate a separate contract with ARS as outlined. Councilmember Ross moved to authorize City Manager, John Smith, to negotiate a separate contract with ARS, seconded by Councilmember Bolton, carried unanimously 8 to 0. Mr. Stancil informed the Council that a proposal would be received from ARS regarding the recycling of aluminum cans. The current contract with ARS requires recycling of aluminum cans for commercial customers. The proposal will address drop off centers and a subscription service for residential recycling. 12. Consideration of discussion of zoning regulations on incidental home occupations. Robert C. Cogswell, City Attorney, presented this item. Mr. Cogswell explained that the ordinance being presented was at a beginning point and additions and deletions would need to be made to it. A discussion ensued regarding Council's concerns in this area. Mr. Cogswell was asked to revise the ordinance to incorporate the matters discussed. 13. APPOINTMENTS: A. Nominations to fill four vacancies on Airport Commission. Mayor Pro-Tem Blackwell nominated Dr. William Dana Haithcock, Councilmember Torrey nominated Adam Beyah, and Councilmember Kendrick nominated Monroe Evans. B. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. Councilmember Massey nominated Mr. Robert Pringle. C. Nominations to fill one vacancy on City/County Planning Board. Councilmember Kendrick nominated Victoria G. Dickson, Councilmember Torrey nominated Trypheia Wiseman and Councilmember Bolton nominated Linda Lee Allan. D. Nominations to fill one vacancy on Fair Housing Hearing Board. Councilmember Ross nominated Alan Rogers and later withdrew her nomination. E. Nominations to fill one vacancy on Fayetteville Appearance Commission. Councilmember Massey nominated Christopher Harris. F. Nominations to fill one vacancy on Public Works Commission. Councilmember McBryde nominated Milton Wofford and Councilmember Ross nominated Alan Rogers. G. Nominations to fill one vacancy on Public Works Retirement Board. Councilmember Massey nominated Alford Jones, CPA. 14. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of May, 1994, from the Cumberland County Tax Collector. 1993 Taxes $51,847.96 1993 Vehicle Taxes $103,949.91 1993 FVT $ 14,799.92 1992 Taxes $ 17,497.12 1992 FVT $ 1,091.62 1991 Taxes $ 4,591.00 1991 FVT $ 403.85 1990 Taxes $ 2,156.95 1989 & Prior Real & Personal Taxes $ 1,933.11 TOTAL INTEREST $ 8,599.51 Total Collections $206,870.95 B. Report on Sugar Cane Circle drainage. This report is in agenda packet. C. Report on Transportation Coordinating Committee (TCC). Mayor Pro-Tem Blackwell requested that the Russell Street and Gillispie Street Railroad Crossing be checked out and a report be made back to Council on June 20th. Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Kendrick, carried unanimously 8 to 0. There being no further business, the meeting adjourned at 10:25 p.m. CONTINUATION OF BUDGET WORKSHOP JUNE 8, 1994 FAYETTEVILLE CITY COUNCIL CONTINUATION OF BUDGET WORKSHOP FIRST FLOOR MULTI-PURPOSE ROOM CITY HALL 433 HAY STREET JUNE 8, 1994 6:00 p.m. Present: Councilmembers J. Breeden Blackwell, Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek, Mark Kendrick Absent: Mayor J. L. Dawkins Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Various City Department Heads Mayor Pro-Tem Breeden Blackwell called the meeting to order and recognized City Manager John Smith to supply answers for questions raised at the previous Budget Workshop session. Upon motion by Councilmember Bolton, seconded by Councilmember Robertson, the Council voted to ask the City Manager to include in his recommended budget a 1.5 cent tax increase which will allow the purchase of MDT's in fiscal year 1994/95, use of money transferred from the electric fund for the 800 MHZ system, and the proposed long term financing for the construction of the police administration building. This motion passed by vote of 7 to 1 with Councilmember Ross voting in the negative. Council then proceeded to review the budgets of the Fire Department, the Inspections Department, the Traffic Services Department, and the Environmental Services Department. Council asked that the City Manager come up with a program for aluminum can recycling by the July 1, 1994 deadline. Upon motion by Councilmember Cheek, seconded by Councilmember Kendrick, Council voted unanimously to recess the Budget Workshop until June 15, 1994, 6 p.m. in the first floor Multi-Purpose Room of City Hall. CONTINUATION OF BUDGET WORKSHOP JUNE 15, 1994 FAYETTEVILLE CITY COUNCIL CONTINUATION OF BUDGET WORKSHOP FIRST FLOOR MULTI-PURPOSE ROOM CITY HALL 433 HAY STREET JUNE 15, 1994 6:00 p.m. Present: Councilmembers J. Breeden Blackwell, Nat Robertson, Tommy Bolton, Ida Ross, Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek, Mark Kendrick Absent: Mayor J. L. Dawkins, Councilmember Milo McBryde Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Various City Department Heads Mayor Pro-Tem Breeden Blackwell called the meeting to order and recognized City Manager John Smith for continuation of budget review. Council then proceeded to review the budgets of the Parks and Recreation Department, the Transit Department, the Airport Department, the Parking Fund, the Central Business District Tax Fund, and the 911 Fund. Council also reviewed various other miscellaneous Funds. Councilmember Cheek asked that we review our vehicle purchases to insure that we are not overbuying. The Council next considered the issue of individual Councilmember accounts for travel and miscellaneous purchases. City Manager John Smith recommended that a fund for each Councilmember be established in the amount of $750 for various items and that the allowance of each Councilmember be increased by $50 per month. The consensus of the Council was for the City Manager to include this proposal in his recommended budget. Councilmember Kendrick discussed the issue of additional police officers. Council took no action on this issue. Council then reviewed outside agency budget requests and asked that the City Manager be prepared to discuss the PWC budget and outside agency requests after Monday night's regular meeting. Upon motion by Councilmember Ross, seconded by Councilmember Kendrick, Council voted unanimously to continue this Budget Workshop until the end of the June 20, 1994, regular meeting. REGULAR MEETING MINUTES JUNE 20, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET JUNE 20, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2), arrived at 7:10 p.m.; Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Susan Cheek (District 5), arrived at 7:10 p.m.; and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. Brown, Jr., Assistant City manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Al Mitchell, Assistant Planning Director Jimmy Teal, Assistant City Manager for Planning and Development Louis Chalmers, Traffic Services Director Frank Simpson, Inspection Superintendent Kai Nelson, Finance Director David Nash, Annexation Coordinator Members of the Press (Numbers at the beginning of each item corresponds with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Pastor Leon Fowler, Culbreth Memorial United Methodist Church, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Councilmember Bolton moved to excuse Councilmembers Ida Ross and Susan Cheek until they arrived, seconded by Councilmember Kendrick, carried unanimously 7 to 0. RECOGNITION Mayor Dawkins introduced and congratulated Steve Blanchard, the newly appointed General Manager of PWC. Councilmember Cheek and Councilmember Ross arrived at the meeting at 7:10 p.m. 1. APPROVAL OF AGENDA Councilmember Bolton moved to approve the agenda seconded by Councilmember McBryde, carried unanimously 9 to 0. 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 2B, Councilmember Torrey requested to pull Item H, and Mayor Pro Tem Blackwell requested Items S, T, and U be pulled. Councilmember Bolton moved to approve the consent agenda with the exception of Items B, H, S, T and U, seconded by Councilmember McBryde, and carried unanimously 9 to 0. The following items were approved: A. Set public hearing for July 18, 1994, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Article IV, Section 32-28, by deleting Subsection (31) and substituting it with a new Subsection (31). (P94-78). B. (Pulled for discussion). C. Set public hearing for July 5, 1994, to consider 25 mile per hour speed limit reduction on South Edgewater Drive. D. Approve the following amendments to Section 20-106 of the Fayetteville City Code for annexation areas: 1. Schedule Number 6 - Stop Intersections (4 page list attached) AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NUMBER NS1994-13 2. Schedule 8 - Speed Limits (Yadkin, Morganton, Reilly, Bonanza) AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NUMBER NS1994-14. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NUMBER NS1994-15. 3. Schedule 14 - Yield Intersections (Traffic Schedule Number 11 - Parking Prohibited McFayden Drive) AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NUMBER NS1994-16. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1994. E. Approve tax refunds over $100. Taxpayer's Nature of Property Name Clerical Error Description Amount Tarheel Vending Inc Adjust Value per of Fayetteville Audit $123.63 F. Approve request from the Fayetteville Generals for a fireworks display on July 4, 1994, at J.P. Riddle Stadium. (Contingent upon Fire prevention Bureau conditions being met.) G. Approve PWC 1993-1994 Budget Amendment #2. (PWC) H. (Pulled for discussion). I. Adopt Special Revenue Project Ordinance Amendment Number 94-11 (Public Safety Police). The amendment appropriates proceeds from the North Carolina Controlled Substance Tax in the amount of $10,481, and $2,486 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. J. Adopt Capital Project Ordinance Partial Closeout Number 94-3 (CDBG Yr. 16.) This project was established in August 1990 for purpose of funding projects that addressed housing and neighborhood needs. Several of these projects are completed and all revenues for these projects have been received. The completed projects are as follows: Eufala St. Rehabilitation; project administration; Taft Street; Fairview Park; reduced interest loan program; and Fayetteville Housing Agency. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. K. Adopt Special Revenue Project Ordinance Closeout Number 94-3 (Victim's Assistance Grant FY 92-93). This project was established in September 1992 for the funding of providing treatment of victims of crime through enhanced and increased crisis intervention and support services. The grant and resources expired June 30, 1993. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. L. Adopt Special Revenue Project Ordinance Closeout Number 94-4 (Juvenile Restitution FY 92-93). This project was instituted in September 1992 for the Fayetteville Police Department's juvenile restitution program. The grant and resources expired June 30, 1993. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. M. Adopt Special Revenue Project Ordinance Closeout Number 94-5 (GHSP). This project was set up in November 1993 for the purpose of funding overtime enforcement of the State's safety belt laws. The grant and resources expired March 31, 1994. N. Adopt Special Revenue Project Ordinance Partial Closeout Number 94-6 (CDBG Yr. 17). This project was established in May 1992 for the purpose of funding projects that addressed housing and neighborhood needs. Several of these projects are completed and all revenues for these projects have been received. The completed projects are as follows: Project administration; Target Area 1; Target Area 3; Senior Citizen Rehabilitation; Improvements; Drainage; Savoy Heights Rehabilitation; and Eufala Street Rehabilitation. The expenditures and revenues associated with this program have been audited by Cherry, Bekaert & Holland and are recommended for closure. O. Adopt Capital Project Ordinance Closeout Number 94-4 (Hay Street Amtrak Project). This project was set up in June of 1989 to fund renovations to the Amtrac Station. This project is complete and all revenues have been received. P. Adopt Capital Project Ordinance Closeout Number 94-5 (UMTANC 90.2113). This project was set up in April of 1989 to fund the Transit department's planning activities. The grant and resources expired. Q. Adopt Capital Project Ordinance Closeout Number 94-6 (Street Resurfacing/Construction). This project was initially created in 1984 and modified several times over the intervening years. The project was created to account for annexation and infrastructure improvements such as street construction, resurfacing, water and sewer improvements. Approximately $831,000 remains from the balance of the project and has been committed for various general public improvements including Amtrak ($30,000), signal loop detector system improvements ($17,000), Milligan-Keefe drainage ($112,000), Englewood paving ($84,000), Oakridge sidewalk ($60,000), Russell & Gillespie and Hay and Ray railroad crossings ($53,000), Bonanza Drive sidewalk ($30,000), Mason Street sidewalk ($12,000) and infrastructure improvements ($444,000) related to the 1994 annexations. R. Adopt Budget Ordinance Amendment 94-11 (Traffic Services Bucket Truck). The amendment is necessary to fund a replacement bucket truck in the Traffic Services department. Capital lease proceeds will fund the bucket truck and are recommended to be transferred from the Environmental Services department. S. (Pulled for discussion). T. (Pulled for discussion). U. (Pulled for discussion). B. Set public hearing for July 5, 1994, to consider 25 mile per hour speed limit reduction on Ridgeway Drive. Councilmember Kendrick asked if the cul-de-sacs would be included in the 25 mile per hour speed limit. Mr. Smith stated they would follow the council's policy. Councilmember Kendrick moved to approve, seconded by Councilmember Bolton, carried unanimously by a vote of 9 to 0. H. Approve dedication of right-of-way to N.C. DOT for highway improvements. (PWC) Councilmember Torrey asked for clarification on the improvements on Murchison Road. Mr. Blanchard of PWC explained that turning lanes would be put at the intersection of Murchison Road and Filter Plant Drive. Councilmember Torrey moved to approve, seconded by Councilmember Cheek, carried unanimously by a vote of 9 to 0. S. Approve renewal of Lease Agreement with Cumberland County for Lease Spaces Four and Five in the former City Hall Building. Mayor Pro-Tem Blackwell inquired as to whether the rental prices for Items S, T and U were competitive with today's market. Mr. Smith stated our rates fall into the middle price range and he felt comfortable with the leases being presented. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY TO THE COUNTY OF CUMBERLAND. RESOLUTION NUMBER R1994-68. T. Approve renewal of Lease Agreement with Cumberland County for Department of Social Services parking lot. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY TO THE COUNTY OF CUMBERLAND. RESOLUTION NUMBER R1994-69. U. Approve renewal of Lease Agreement with Cumberland County Area Mental Health, Developmental Disabilities, and Substance Abuse Authority for the building located at 121 Lamon Street. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY TO THE CUMBERLAND COUNTY AREA MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE AUTHORITY. RESOLUTION NUMBER R1994-70. Mayor Pro-Tem Blackwell moved to approve Items S, T and U, seconded by Councilmember Kendrick, carried unanimously by a vote of 9 to 0. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1994. 3. PUBLIC HEARINGS: A. Consideration of annexation ordinances to annex three contiguous properties owned by the City: This is the advertised public hearing for this date and time. No one appeared either in favor of or in opposition to the annexations. The public hearing opened and closed at 7:22 p.m. 1. College Lakes Park (Located at 4846 Rosehill Road). AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (ANNEXATION OF CONTIGUOUS PROPERTY OWNED BY THE CITY). ANNEXATION ORDINANCE NO. 94-06- 399. 2. Little Cross Creek Property (Located along Little Cross Creek, between Kornbow Lake and Mintz Pond). AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (ANNEXATION OF CONTIGUOUS PROPERTY OWNED BY THE CITY). ANNEXATION ORDINANCE NO. 94-06- 400. 3. Cape Fear River Property (Located along western side of Cape Fear River; Includes 2.43 mile section of river). AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (ANNEXATION OF CONTIGUOUS PROPERTY OWNED BY THE CITY). ANNEXATION ORDINANCE NO. 94-06- 401. Councilmember Massey moved to approve the aforementioned annexation ordinances, seconded by Mayor Pro-Tem Blackwell, carried unanimously by a vote of 9 to 0. Copies of the foregoing ordinances can be found on file at the Clerk's office in Annexation Ordinance Book 1994. 4. Consideration of request to address City Council from Dr. Menno Pennick. Dr. Menno Pennick addressed the council regarding parking lots in the downtown area. He relayed a proposal from the Parking and Traffic Committee of the Olde Fayetteville Association for the improvement of the following areas for parking lots: 1. Property behind Worth's Printing Shop; 2. Two adjacent lots behind Clark's Sporting Goods; 3. Lots next to the Juliet Parker Building; and 4. The Fire Station location on Person Street, with the restriction that nothing else can be built on the property. A discussion ensued regarding a possible joint effort on the part of the City and the Olde Fayetteville Association for developing the plans and sharing the cost of the project. Councilmember Bolton moved to have Dr. Pennick present the Committee's recommendations to the City staff and in turn the staff would bring their recommendations back to the Council for action, seconded by Councilmember Kendrick, carried unanimously by a vote of 9 to 0. 5. Consideration of the following fire protection contracts: A. Westarea Volunteer Fire Department (Amendment to existing contract) Deputy City Manager, Roger Stancil presented this item. He stated this was a one-year continuation of the current first responder contract for all previously annexed areas. Councilmember Kendrick moved to approve, seconded by Councilmember Bolton, carried unanimously by a vote of 9 to 0. B. Westarea Volunteer Fire Department - Annexation Areas 101A, 107, 108, 110, 111A, 112, 113A, 114A, 117, 122. Mr. Stancil explained this is a contract to provide first responder services to the new areas being annexed effective July 1, 1994. In this contract the City will pay one-half of the revenue lost by the Westarea Volunteer Fire Department from this area. Councilmember Cheek moved to approve, seconded by Councilmember McBryde, carried unanimously by a vote of 9 to 0. C. LaFayette Village Volunteer Fire Department - Annexation Area 311. This contract provides first responder services to the annexed area number 311, with one-half of the lost revenue being paid by the City. Mr. Stancil stated the following changes needed to be made to the contract: 1. Page 1 of 11, paragraph 1(e) - add the word "aid" after the words "other types of emergency"; 2. Page 9 was left out, this page dealt with written notice requirements and an exclusivity provision; Councilmember Bolton moved to approve the contract with the additions, seconded by Councilmember Kendrick, carried unanimously by a vote of 9 to 0. 6. Consideration of the sale of surplus property on Cool Springs Street. City Manager, John Smith, presented this Item. He reported that Cool Spring Baptist Church has offered the City $250.00 for the property purchased under the Federal Urban Renewal Funds. There is a clear conflict of title between the City and Cool Spring Baptist Church. Mr. Smith explained that because of the property defect, the City would be unable to sell this land to another party. He recommended acceptance of the offer and advertisement for upset bids. Councilmember McBryde moved to advertise for upset bids, seconded by Councilmember Kendrick, carried unanimously by a vote of 9 to 0. 7. Consideration of adoption of ordinance amending Chapter 14, "Garbage, Trash and Weeds". Deputy City Manager, Roger Stancil, presented this item. Councilmember Bolton moved to adopt the ordinance, seconded by Councilmember McBryde. A discussion ensued. Councilmember Cheek made a substitute motion that this ordinance be brought back to council on July 5, 1994, with the administrative procedure for enforcement included, seconded by Councilmember Massey, carried unanimously by a vote of 9 to 0. 8. Consideration of approval of drop-off container sites for aluminum cans. City Manager, John Smith presented this item. He requested authorization to negotiate a contract for drop-off container sites for aluminum cans at the City's fire stations. Councilmember Bolton moved to authorize this action, seconded by Councilmember Cheek. Mayor Pro-Tem Blackwell proposed that consideration be given to the possibility of putting recycling containers at each school site within the City and County with reimbursement being given to each school. Mr. Smith stated he would contact the school system and report back as to the feasibility of this proposal. Councilmember Kendrick expressed his concern over the traffic flow and the blocking of the fire trucks at the fire stations. He requested that a report be done on the status of this issue and brought back to Council in thirty days. Cohen & Green Salvage Company, Inc. and ARS submitted proposals to the City. Mayor Dawkins called for a vote. The motion carried by a vote of 9 to 0. 9. Consideration of award of contract for lift truck to lowest bidder meeting specifications in the amount of $87,672.00 to Baker Equipment Engineering Company. Councilmember Torrey moved to approve the award of the contract, seconded by Councilmember Bolton, carried unanimously by a vote of 9 to 0. The following bids were received: TECO, Inc. $82,579.00 Baker Equipment Engineering Co. $87,672.00* 10. Consideration of demolition ordinance for property located at 107 Hay Street. City Manager, John Smith presented this item. He informed Council the current owner, Olde Fayetteville Investments Inc., had not been notified of the action tonight and he recommended no action be taken at this time. A discussion ensued regarding the extension of ninety (90) days, which had been granted to the previous owner, Mr. Harvey Fleishmen, on February 22, 1994. Mr. Simpson, Inspection Superintendent, informed Council the debris problem had not been abated by either owner as of this date. Mr. Cogswell informed the Council that the order to abate runs with the land and the current owner was aware of the problem as evidenced in the purchase agreement between Olde Fayetteville Investment Company and Harry Fleishmen, agent for Harvey Fleishmen, James M. Fleishmen and Ed Fleishmen and Brothers Inc. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY (107 HAY STREET). ORDINANCE NUMBER NS1994-17. Councilmember Robertson moved to adopt the ordinance, seconded by Mayor Pro-Tem Blackwell, carried by a vote of 7 to 2, with Councilmembers Cheek and Ross in opposition. Councilmember McBryde requested that the downtown properties of Olde Fayetteville Investment Inc. be brought to City Council for a review of the status of each of the properties. 11. Report from Streets and Roads Committee. Councilmember Kendrick presented this item. He asked the Council to approve the recommendations of the Streets and Roads Committee with regards to the crosswalk on Maiden Lane. He recommended channel crossings to the existing crosswalk at Ray Avenue and the installation of an attractive fence/landscaping feature along Maiden Lane which would prevent mid-block crossings. This recommendation coincides with Barrier Free's concern that pedestrian crossings should occur at the Ray Avenue crosswalk. Councilmember McBryde moved to approve the recommendation, seconded by Councilmember Kendrick, carried unanimously by a vote of 9 to 0. Mr. Kendrick also reported on the Committee's investigation of the drainage problem in the Wilmington Road area. He stated the problem is complex and has been sent to the City Engineering Department for a complete study of the total perimeter area. Their findings are to be presented at 12:00 noon on July 11, 1994 to the Streets and Roads Committee. A recommendation will be made to City Council at the July 18, 1994 meeting. 12. APPOINTMENTS: A. APPEARANCE COMMISSION - 1 vacancy (landscape), 1 nomination 1. Councilmember Massey moved to withdraw his nomination of Christopher Harris. Mr. Harris did not qualify for the landscape vacancy. Councilmember Cheek nominated Betty McDonald, a horticulturist for the landscape vacancy on this commission. B. BOARD OF APPEALS ON DWELLINGS AND BUILDING - 1 vacancy, 1 nomination. Mr. Robert Pringle was appointed for a first term to the Board. C. AIRPORT COMMISSION - 4 vacancies, 3 nominations (Travel Industry Member needed) 1. Monroe Evans 2. Dr. William Dana Haithcock 3. Adam Beyah Mr. Monroe Evans was reappointed to a second term and Dr. William Dana Haithcock and Mr. Adam Beyah were appointed to a first term. Councilmember Cheek nominated Patricia (Trick) Smith and Councilmember Ross nominated Mae Harris for the travel industry vacancy on the Airport Commission. D. FAIR HOUSING HEARING BOARD - 1 vacancy (attorney). No nomination was made at this time. E. CITY COUNTY PLANNING BOARD - 1 vacancy, 3 nominations. 1. Victoria G. Dickson 2. Trypheria Wiseman 3. Linda Lee Allan Victoria G. Dickson was appointed for a first term to the City County Planning Board. F. PUBLIC WORKS COMMISSION - 1 vacancy, 2 nominations. 1. Milt Wofford 2. Allen Roger Mr. Milt Wofford was appointed for a first term to the Public Works Commission. G. PWC RETIREMENT BOARD - 1 vacancy (accountant), 1 nomination. 1. Alfred Jones, CPA Mr. Alfred Jones was appointed to a first term on the PWC Retirement Board. INFORMATION ITEMS: Councilmember Cheek moved to refer the issue of sidewalks along Morganton Road to the Streets and Roads Committee, seconded by Councilmember Robertson, carried unanimously by a vote of 9 to 0. Mayor Pro-Tem Blackwell asked to be excused from the June 27, 1994 meeting. There being no further business, Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Robertson, the meeting adjourned at 8:38 p.m. CONTINUATION OF BUDGET WORKSHOP JUNE 20, 1994 FAYETTEVILLE CITY COUNCIL CONTINUATION OF BUDGET WORKSHOP FIRST FLOOR MULTI-PURPOSE ROOM CITY HALL 433 HAY STREET JUNE 20, 1994 8:35 p.m. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek, Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Mayor J. L. Dawkins called the meeting to order. Council first considered the issue of increased funding for the arts. The City Manager recommended that one possibility would be to take $20,000 from funds gained over $500,000 from the 1.5 cent tax-increase plus $20,000 gained from various adjustments in the City/County budget relationships plus $35,000 from Council contingency plus the originally recommended $125,000 for the arts to produce a total for 1994/95 of $200,000 for the arts to be allocated to the Arts Council for appropriation to the various arts agencies. Upon motion by Councilmember Blackwell, seconded by Councilmember Cheek, Council voted unanimously to follow the City Manager's recommendations. Council next considered the request from the Fayetteville Independent Light Infantry for $20,000 for roof repair. City Manager John Smith informed the Council that staff had requested the FILI to make this request to the Historic Resources Commission for their recommendation on use of funds set aside by City Council for such purposes from funds appropriated for commission operations but unexpended. FILI made this request. The Commission recommended favorable consideration of the project but recommended using other City funds. The City Manager recommended that the City Council fund the roof project with the funds set aside for this purpose despite the recommendation of the Commission. Council asked that the City Manager place this item on the agenda for July 5, 1994. Council asked that $480 be added to the recommended amount for the Dispute Resolution Center. Upon motion by Councilmember Blackwell, seconded by Councilmember Bolton, the Council voted unanimously to accept the City Manager's recommendation on funds for the arts and the additional appropriation of $480 to the Dispute Resolution Center. Upon motion by Councilmember Bolton, seconded by Councilmember Ross, Council voted unanimously to increase the salaries of the Public Works Commission to $300 per month. Upon motion by Councilmember Torrey, seconded by Councilmember Robertson, Council voted unanimously to adopt the 1994-95 budget ordinance. AN ORDINANCE ADOPTING THE 1994-95 BUDGET ORDINANCE. 95-1c A copy of the foregoing ordinance is on file in the City Clerk’s Office in Ordinance Book NS1994. Upon motion by Councilmember McBryde, seconded by Councilmember Cheek, Council voted unanimously to cancel the Information Meeting scheduled for June 27, 1994. Upon motion by Councilmember Bolton, seconded by Councilmember McBryde, Council voted unanimously to adjourn. REGULAR MEETING MINUTES JULY 5, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET JULY 5, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Susan Cheek (District 5); and Mark Kendrick (District 6) Others Present: Roger L. Stancil, Deputy City Manager John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Al Mitchell, Assistant Planning Director Jimmy Teal, Assistant City Manager for Planning and Development Louis Chalmers, Traffic Services Director Jason Brady, Public Information Officer 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 Mayor Dawkins offered the invocation and led the Pledge of Allegiance to the American Flag. Mayor Dawkins announced City Manager John Smith was currently on vacation and Deputy City Manager Roger Stancil was in attendance as Acting City Manager. 1. APPROVAL OF AGENDA Deputy City Manager Roger Stancil requested council to add litigation as Item 12C to the Executive Session. Councilmember Ross inquired as to whether Item 4 was a public hearing. Mr. Stancil informed her that no appeal had been made and this was not a public hearing. Councilmember McBryde moved to approve the agenda with the addition, seconded by Councilmember Kendrick and carried unanimously 9 to 0. Mayor Dawkins extended his condolences to the former Raleigh Mayor, Avery Upchurch's family. Mayor Dawkins stated that Mr. Upchurch had greatly contributed to both the state and the Fayetteville community during his lifetime. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Kendrick requested to pull Item C and Mayor Pro Tem Blackwell requested to pull Item L, all for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of Items C and L. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved. A. Approve minutes of information meeting of May 23, 1994. B. Approve minutes of special meeting of May 31, 1994. C. (Pulled for discussion.) D. Approve minutes of continuation of budget workshop on June 8, 1994. E. Approve minutes of continuation of budget workshop on June 15, 1994. F. Approve minutes of regular meeting of June 6, 1994. G. Approve minutes of regular meeting of June 20, 1994. H. Approve minutes of continuation of budget workshop of June 20, 1994. I. Set public hearing for July 18, 1994, to consider 25 mile per hour speed limit reduction on Edgecombe Avenue. J. Approve amendment to Section 20-106 of the Fayetteville City Code. (Traffic Schedule Number 18-Fire Lane). AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (WESTWOOD SHOPPING CENTER) Ordinance Number NS1994-18. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1994. K. Approve amendment to Section 20-106 of the Fayetteville City Code. (Traffic Schedule Number 11- Parking Prohibited). AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (GRAY STREET) Ordinance Number NS1994-19. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1994. L. (Pulled for Discussion.) M. Adopt Special Revenue Project Ordinance 95-1. N. Adopt resolution appointing Deputy Tax Collector. RESOLUTION. Resolution Number R1994-71. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. O. Authorize advertisement for upset bid for sale of property adjacent to River Trace Mobile Home Park. C. Approve minutes of budget workshop of June 2, 1994. Councilmember Kendrick requested that the 1991 Crime Comparison Percentages be made a part of the minutes of June 2, 1994. Councilmember Kendrick moved to amend the minutes and have their approval continued until the July 18, 1994 meeting, seconded by Councilmember McBryde, carried unanimously 9 to 0. L. Adopt Special Revenue Project Ordinance Amendment 94-12. Mayor Pro Tem Blackwell inquired as to whether the City had any cost in this project. Finance Director, Kai Nelson, informed Mr. Blackwell that this was a County funded program that is operated by the City with all expenses being paid by Cumberland County. Mayor Pro Tem Blackwell moved to adopt, seconded by Councilmember Cheek, carried unanimously 9 to 0. 3. PUBLIC HEARINGS: A. Consideration of an application by Montessori Children's Home of Fayetteville for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (3), to expand the operation of a home for the care of children in a P2 Professional District for an area located at the north end of Cape Court, north of Cape Center Drive, and being all of Lots 7 and 8 of the property of Cape Center Professional Park. (P94-55). This item was presented by Planning Board staff member, Al Mitchell. This is the advertised public hearing set for this date and hour. There being no one present to speak either in favor of or in opposition to this item, the public hearing opened and closed at 7:19 p.m. Councilmember McBryde moved to approve the Special Use Permit with the following findings of fact: 1. The use fits in with the neighborhood characteristics; and; 2. The use is not detrimental to the neighborhood. Mayor Pro Tem Blackwell seconded the motion, and carried unanimously 9 to 0. B. Consideration of the rezoning from R15 Residential District to R10 Residential District or to a more restrictive zoning classification for an area located at 334 Westview Drive and being the property of Walker Worth, III. (P94-59). This item was presented by Al Mitchell. The recommended action was denial of the request for rezoning. This is the advertised public hearing for this date and hour. The public hearing opened at 7:23 p.m. No one appeared in favor of the rezoning. Appearing in opposition to the rezoning were Carl Creech, 322 Westview Drive, Fayetteville, NC; E. G. Koepp, 2207 McBain Drive, Fayetteville, NC; Fred T. Zahran, Sr. 327 Westview Drive, Fayetteville, NC; Douglas L. Mears, 2223 Kingswood Road; Ruby Vause, no address given; Lotte Wertheim, 2214 Meadow Wood Road, Fayetteville, NC; Al Lemire, 310 Barkley Drive, Fayetteville, NC; Larry D. Kriegn, 2222 Meadow Wood Road, Fayetteville, NC. The public hearing closed at 7:33 p.m. Councilmember Cheek moved to deny the rezoning, seconded by Councilmember Kendrick, carried unanimously by a vote of 9 to 0. C. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Article IX, Section 32-62.1 "Vested Development Rights." by designating the current provision as Subsection (A) and by creating Subsections (B) and (C). (P94-60) This item was presented by Al Mitchell. Mr. Robert C. Cogswell, City Attorney, explained the ordinance to the Council. This is the advertised public hearing for this date and hour. There being no one appearing in favor of or in opposition to the amendment of this ordinance, the public hearing opened and closed at 7:38 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 32-62.1, VESTED DEVELOPMENT RIGHTS OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. Ordinance Number S1994-09. Mayor Pro Tem Blackwell moved to adopt the ordinance, seconded by Councilmember Cheek, carried unanimously by a vote of 9 to 0. City Attorney, Robert Cogswell, requested that the words "on or after" be added to the beginning of paragraph (c) and that line 2 and 3 of paragraph (c) be corrected to read "Preliminary or final site plan". A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1994. D. Consideration of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 mile per hour on Ridgeway Drive. This item was presented by City Traffic Engineer, Louis Chalmers. This is the advertised public hearing for this date and hour. There being no one present to appear either in favor of or in opposition to, the public hearing opened and closed at 7:41 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (RIDGEWAY DRIVE, DEEP HOLLOW COURT, WHITHORN COURT) Ordinance Number NS1994-20. Councilmember Bolton moved to adopt the ordinance, seconded by Councilmember McBryde, carried unanimously 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 NS1994. E. Consideration of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 mile per hour speed limit reduction on South Edgewater Drive. This item was presented by City Traffic Engineer, Louis Chalmers. He informed Council this was being done by petition. He recommended the adoption of the 25 m.p.h. speed limit on S. Edgewater Drive, but did not recommend the three way stop sign. Mayor Dawkins clarified that this public hearing was for both the speed limit and the stop sign. This is the advertised public hearing for this date and hour. The public hearing opened at 7:44 p.m. Mrs. Roscoe Hauser, 2601 Westchester Drive, Fayetteville, NC, appeared in favor of the action. There was no one present to speak in opposition. The public hearing closed at 7:47 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (SOUTH EDGEWATER DRIVE) Ordinance Number NS1994-21. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (EDGEWATER AND WESTCHESTER DRIVE) Ordinance Number NS1994-22. Councilmember Kendrick moved to adopt a 25 m.p.h. speed limit for both North and South Edgewater Drive, seconded by Councilmember Bolton. A discussion ensued regarding the fact that North Edgewater had not petitioned for this change and no public hearing had been held. Councilmembers Torrey, Robertson, Ross, and McBryde expressed their opposition to changing a speed limit without a petition. Councilmember McBryde made a substitute motion that the speed limit be changed to 25 m.p.h on South Edgewater Drive as petitioned and that a 3 way stop sign be installed at the intersection of Edgewater Drive and Westchester Drive, seconded by Councilmember Massey, carried unanimously by a vote of 9 to 0. Copies of the foregoing ordinances can be found in the City Clerk's office in Ordinance Book NS1994. 4. Consideration of the rezoning from C3 Heavy Commercial District to M2 Industrial District or to a more restrictive zoning classification for an area located at 726 Ramsey Street and being the property of McMillan-Shuller Oil Company. (P94-72) This item was presented by Al Mitchell. He stated that both the Planning Board and staff recommended approval of the rezoning request. Mayor Dawkins informed the Council that because this case had not been appealed, the Council could only approve the Planning Board's recommendation or set a public hearing. Councilmember Torrey moved to set a public hearing for August 1, 1994, seconded by Councilmember Ross. Councilmember Cheek offered an amendment to the motion, the addition of the stipulation that the property be posted immediately with a zoning sign and that a report be made at the August 1, 1994 meeting on the neighborhood plan for this area. Councilmembers Torrey and Ross accepted the amendment. A discussion ensued regarding the zoning signs. Mr. Mitchell stated there were five signs being used and Mr. Teal stated there were five signs on order. Councilmember Robertson requested that this issue be brought back on the August 1, 1994 City Council Agenda. Mayor Dawkins called for a vote. The amended motion carried unanimously by a vote of 9 to 0. 5. Consideration of adoption of ordinance amending Chapter 14, "Garbage, Trash and Weeds". This item was presented by Deputy City Manager Roger Stancil. He informed the council that the staff recommended a five day abatement period for the removal of the debris set out in this ordinance. Mayor Pro Tem Blackwell moved to adopt the ordinance, seconded by Councilmember Bolton. A discussion was held regarding the time frame of the abatement. Councilmember Massey made a friendly amendment to the motion that would change the abatement period from five days to ten working days. Mayor Pro Tem Blackwell stated that he would accept a compromise of seven working days, seconded by Councilmember Bolton. Further discussion ensued with Councilmember Cheek moving to amend the original motion by adding the Inspection Department as additional enforcers of this ordinances. Mayor Pro Tem Blackwell accepted the amendment. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE MENDING CHAPTER 14, GARBAGE, TRASH AND WEEDS OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. Ordinance Number S1994-10. Mayor Dawkins called for a vote on the amended motion for seven working days with the Inspection Department added as an enforcer. The motion carried by a vote of 7 to 2. Councilmembers McBryde and Kendrick voted in opposition. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1994. 6. Consideration of fire protection contract between City of Fayetteville and Vander Fire Department. Deputy City Manager Roger Stancil presented the item. Councilmember Bolton moved to approve, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 7. Discussion of property purchase contracts for 225-227 and 701 Hay Street. (Requesting to appear: Bill Hester of Olde Fayetteville Investments) This item was requested to be placed on the agenda by Council in order that they might review the status of the purchase contracts of the following properties owned by Olde Fayetteville Investments, Inc. and/or William N. and Dawn C. Hester: 1. 223 Hay Street; 2. 225-227 Hay Street; 3. 107 Hay Street; and 4. 701-703 Hay Street. Mr. Frank Simpson, Inspection Director, reviewed the findings of his inspection of the properties on June 28, 1994. It was his opinion that the improvements had not been done as set out in the purchase agreements. Mr. William Hester addressed the Council. He asked the Council for an extension of time on the demolition/restoration of his properties. Mr. Hester stated the restoration work was more complicated than he had originally thought and the financing of projects in the downtown Fayetteville area was almost non-existent. He stated the majority of his time and effort was being spent on the 701-703 Hay Street bed and breakfast project. He informed Council he would work with them on their priorities and report back to them personally on a bi-monthly basis. Dawn C. Hester also addressed the Council and asked for the help in saving the downtown buildings. A discussion ensued regarding the Hesters' non-compliance with the purchase contracts. Councilmember Ross moved to give a ten month extension of time on the 107 Hay Street property and to delay any action until the ten months had passed, seconded by Councilmember Torrey. Councilmember Cheek made a friendly amendment to the motion to include 701 Hay Street, 225-227 Hay Street and 223 Hay Street in the ten month time frame for an extension, with the stipulation that rubbish in the alley described by Mr. Simpson as a fire hazard in the ADA violation at 225 Hay Street be corrected immediately. Councilmember Ross accepted the amendment. A lengthy discussion ensued regarding the building standards to be met and the time frame and work schedule to be set up between the parties. Councilmember Ross withdrew her motion. Mayor Pro Tem Blackwell moved to grant a ten month extension from July 1, 1994 on all properties owned by Olde Fayetteville Investments, Incorporated and/or William M. and Dawn H. Hester with a written report to be submitted in 30 days which includes target dates for completion of the projects which would make the property meet City standards. The motion further stated that the ADA problem at 225-227 Hay Street must be resolved within 48 hours and the flooring problem at 107 Hay Street must be repaired within 2 weeks. The motion was seconded by Councilmember McBryde and carried by a vote of 7 to 2, with Councilmembers Massey and Robertson voting in opposition. It was further agreed between the staff and Council that a written agreement would be drafted in which the target dates for repairs would be set out. 8. Report from City-County Liaison Committee regarding proposed baseball stadium. Deputy City Manager, Roger Stancil, presented this item. He informed Council that this had been placed on the agenda at the request of the City-County Liaison Committee and the staff's recommendation was a consideration of the City's participation be based on the ability of the City to have input into the location of the stadium. Councilmembers Robertson and Cheek reported on the Liaison Committee Meeting. Councilmember Cheek moved to have the Mayor appoint two Councilmembers to serve on an ad hoc committee consisting of two City Council representatives, two County Commissioner representatives, a Fayetteville General representative and any other persons interested in the stadium project, seconded by Councilmember Bolton, carried unanimously by a vote of 9 to 0. Mr. Matt Perry, President of the Fayetteville Generals addressed the Council and asked for the support of the City. 9. Consideration of offer to purchase Cape Fear-Yadkin Valley Depot. This item was presented by Jimmy Teal, Assistant Manager for Planning and Development. Councilmember Cheek moved to authorize the advertisement for upset bid, but with a change being made in the offer as follows: "5. The building would revert back to the City if renovations are not under way within 2 and 1/2 years." Councilmember Ross seconded the motion. Councilmember Kendrick expressed his opinion this property should not be sold until a review of the new downtown development plan currently being prepared had been done. City Attorney, Robert C. Cogswell, Jr. asked for a definition to the term "renovations". Councilmember Cheek expressed her opinion that this project should go forward. She requested that the staff set up an agenda item that would deal with the City bringing persuasion to the table to help Olde Fayetteville Association and others downtown in dealing with financial institutions and getting a more favorable look at financial help with downtown projects. Councilmember Cheek's motion carried by a vote of 7 to 2 with Councilmembers Kendrick and Torrey voting in opposition. 10. Consideration of revision to Municipal Agreement - NC DOT Signal System Enhancements. This item was presented by City Traffic Engineer, Louis Chalmers. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. Resolution Number R1994-72 Councilmember Bolton moved to approve the revised agreement, seconded by Councilmember Kendrick, carried by a vote of 8 to 1, with Councilmember Robertson in opposition. A copy of the foregoing resolution can be found in the City Clerk's office in Resolution Book Number R1994. 11. APPOINTMENTS: A. Airport Commission - 1 travel vacancy, 2 nominations. Patricia "Trick" Smith was appointed for a two year term in the travel vacancy. B. Appearance Commission - 1 landscape vacancy, 1 nomination. Betty McDonald was appointed to the landscape vacancy of the Appearance Commission. Her term will expire December 1995. C. Fayetteville Board of Adjustment - 1 alternate vacancy. Councilmember Kendrick nominated Lynwood Haith for a second three year term. D. Fair Housing Hearing Board - 1 attorney vacancy No nominations were made for this Board. E. Board of Appeals on Dwellings and Buildings - 1 vacancy. No nominations were made for this Board. 12. ADMINISTRATIVE REPORTS: A. Report on Cross Creek Cemetery No. 3. Report in Agenda packet. B. Report on appropriation for FILI roof repair. Report in Agenda Packet. C. Executive Session on property acquisition. Councilmember Bolton moved to go into executive session to discuss property acquisition and litigation, seconded by Councilmember Robertson, carried by a vote of 8 in favor with Councilmember Ross abstaining. The Council entered into executive session at 10:25 p.m. The regular session resumed at 10:45 p.m., with Councilmember Bolton moving to authorize the City staff to purchase the property on the 400 block of Hay Street for the future site of the Fayetteville Police Department, seconded by Councilmember Massey, carried unanimously by a vote of 9 to 0. Councilmember Massey moved to adjourn the meeting, seconded by Councilmember Bolton, carried unanimously by a vote of 9 to 0. The meeting adjourned at 10:50 p.m. REGULAR MEETING MINUTES JULY 18, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET JULY 18, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Al Mitchell, Assistant Planning Director Jimmy Teal, Assistant City Manager for Planning and Development Louis Chalmers, Traffic Services Director Jason Brady, Public Information Officer Al McKenzie, Personnel Director Kai Nelson, Finance Director Frank Simpson, Inspection Department James Rose, 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 Reverend Tommy Ford, Parks Chapel Freewill Baptist Church, offered the invocation followed by the mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented a proclamation to Councilmember Nat Robertson for his new daughter, Carlin Georgia Robertson, who was born on July 10, 1994. Mayor Dawkins welcomed and recognized Former Mayor Bill Hurley and Former Mayor Pro Tem Harry Shaw. Martha Duell read a letter from the Fayetteville Sister City, Saint Avold, France, extending an invitation to the Mayor and City Council to attend a celebration on September 10, 1994 to authenticate the Sister City act with Fayetteville. Mayor Dawkins acknowledged the community's sadness at the loss of three outstanding citizens, Mr. Charles Fuller, Mr. Tommy Stewart and Mr. Thurman Williams. 1. APPROVAL OF AGENDA City Manager, John Smith, requested Council add item 2 BB, an award of a construction contract for Dallas/Englewood Paving and Drainage Project. City Attorney, Robert C. Cogswell, Jr., requested to add Item 10C, the Mitchell Condemnation. Councilmember Robertson moved to approve the agenda with the additions, seconded by Mayor Pro Tem Blackwell, and carried unanimously by a vote of 9 to 0. 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 B and I. Councilmember Massey requested to pull F and Councilmember Cheek requested to pull Item BB. Councilmember McBryde moved to approve the consent agenda with the exception of Items B, F, I and BB. After a second from Mayor Pro Tem Blackwell, the consent agenda and following Items were unanimously approved. A. Approve minutes of budget workshop of June 2, 1994. B. (Pulled for discussion). C. Adopt Capital Project Ordinance Amendment Number 95-1. D. Adopt ordinance amending Chapter 20-106 of the Fayetteville City Code (Traffic Schedule Number 11-Parking Prohibited). AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRADEWINDS DRIVE) Ordinance Number NS1994-23. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1994. E. Approve Antidisplacement and Relocation Assistance Plan. Resolution. CITY OF FAYETTEVILLE RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN UNDER SECTION 104(d) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. Resolution Number R1994-73. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. F. (Pulled for discussion). G. Authorize advertisement for upset bids for the sale of house located at 4201 Mintz Mill (Blanton) Road. H. Set Public Hearing for August 15, 1994 to consider the closing of the portion of Beckwith Avenue from the northeastern corner of Lot 46, Plat Book 7, Page 89 to the western boundary line of said plat. Resolution. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF BECKWITH AVENUE. Resolution Number R1994-74. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. I. (Pulled for Discussion). J. Approve the initial zoning to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 2209 Gillespie Street. (P94-95) K. Approve the initial zoning to R6 and R5A Residential Districts, C3 Heavy Commercial District, and C1P Shopping Center District or to a more restrictive zoning classification for an area located on the west side of Murchison Road, south of Brenda Drive. (P94-96) L. Approve the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the south side of Raeford Road (U.S. 401 South) and on the west and east sides of Ireland Drive. (P94-97) M. Approve the initial zoning to P2 Professional District or to a more restrictive zoning classification for an area located at 100 Westlake Road. (P94-98) N. Approve the initial zoning to R6 and R10 Residential Districts, C1 Local Business District and C3 Heavy Commercial District or to more restrictive zoning classifications for an area located on the south side of Raeford Road (U.S. 401 South), the east side of Faison Avenue, and east to the existing city limit line. (P94-99) O. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located west of Rockport Drive and south of Spy Glass Drive and north of Bromsworth Trail. (P94-100) P. Approve the initial zoning to R6 Residential, C1P Shopping Center, C3 Heavy Commercial, and M1 Light Industrial Districts or to more restrictive zoning classifications for an area located between West Mountain Drive and Owen Drive (north and south) and between the west side of Camden Road to the east side of Southern Avenue. (P94-101) Q. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at 2923 Legion Road. (P94-102) R. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at 2743 Legion Road. (P94-103) S. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located along Southview Circle between Ashfield Drive and Clearwater Drive, and west of Stonington Drive.(P94-104) T. Approve the initial zoning to C1P Shopping Center District, M2 Industrial District, and R6 and R10 Residential Districts or to a more restrictive zoning classification for an area located on the west and east sides of Skibo Road (US 401 By-Pass) and the north and south sides of Cliffdale Road, along the A&R Railroad eastward to Glensford Drive. (P94-105) U. Approve the initial zoning to P2 Professional District or to a more restrictive zoning classification for an area located at the southeast corner of the intersection of Ramsey Street (US 401 North) and Andover Road. (P94-106) V. Approve the initial zoning to C1P Shopping Center District or to more restrictive zoning classifications for an area located on the west side of Ramsey Street (US 401 North)(P94-107) W. Approve the initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located at 1208 Cedar Creek Road. (P94-108) X. Approve the initial zoning to R10 Residential District and C1P Shopping Center District or to more restrictive zoning classifications for an area located at the northwest corner of the intersection of McArthur Road (SR1600) and Ramsey Street (US 401 North) (P94-110) Y. Approve the initial zoning to R6 and R10 Residential Districts and C1 Local Business District or to more restrictive zoning classifications for an area located on the west side of Rosehill Road, the south side of McArthur Road, and including portions along McArthur Road on the west and east sides of Rosehill Road. (94-111) Z. Approve the initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located on the west side of the intersection of Gillespie Street and US 301 (Eastern Boulevard), south of Cude Street, east of Dallas and Center Streets, and on the north side of Jenkins Street. (P94-112) AA. Approve award of contract for Water/Sewer Yard Addition, PWC Operations Complex, to Site Group, Inc., low bidder, in the amount of $247,899.00 (PWC). Bids received were as follows: Site Group, Inc. $247,899.00* McDonald Grading $254,514.25 ES&J Enterprises $258,647.50 BB. (Pulled for discussion). B. Adopt Budget Ordinance Amendment Number 95-2. Mayor Pro Tem Blackwell asked for an explanation of this ordinance. Mr. Kai Nelson, Finance Director, offered the following explanation: On June 20, 1994, the City Council adopted the FY1995 budget ordinance. Several alternative budget ordinances were prepared for City Council's consideration at their June 20, 1994, meeting. Unfortunately, in our haste to prepare the alternative ordinances, several capital items should have been reflected in other parts of the budget. This ordinances "cleans up" those items. First, the adopted ordinances contains $3,500,000 in General Fund capital lease proceeds to fund the 800 MHz system. This is incorrect. Council, during their budget deliberations, reviewed several alternative financing proposals from the City Manager. The alternative eventually selected by City Council provided for the use of the supplemental PWC proceeds to fund the purchase of the 800 MHz system from the Public Safety Capital Projects Fund. This ordinance eliminates the duplication of the purchase in the General Fund. Second, the General Fund contains $500,000 for the purchase of MDT's. Since this purchase, in part, represents a component of the City's effort to improve public safety (800 MHz, MDT, Police Department Building), the acquisition should be reflected in the Public Safety Capital Projects Fund. Finally, a portion ($730,000) of the General Fund designated fund balance is restricted for the acquisition and construction of the Police Department Building. The ordinance transfers those resources to the Public Safety Capital Projects Fund. With this transfer, approximately $1,230,000 will be available for the Police Department Building, with the balance to come from the issuance of certificates of participation. Mayor Pro Tem Blackwell moved to adopt the ordinance, seconded by Councilmember McBryde, carried unanimously by a vote of 9 to 0. F. Adopt demolition ordinance for property located at 1511 Slater Avenue. (Owner: Leonard and Diane Hill) Gerry Moore of the Inspections Department presented this item. He explained the procedure that had been used in the determination that the property at 1511 Slater Avenue needed to be demolished. Mr. Moore explained that the decision to demolish had been appealed to the Board of Appeals and Mr. Hill had been given 90 days by the Board to make the necessary repairs. Mr. Moore stated Mr. Hill had not made any improvements and the building still needed to be demolished. Major Cannady of the Police Department reported on the problems encountered at this property by the Police Department. A discussion followed with Mr. Leonard Hill and his attorney, Glenn Adams, answering the Council's questions and asking for an extension of time to repair his property. Councilmember Massey moved to have Mr. Hill and the Inspection Department meet and come back to the Council on August 1, 1994 with a complete picture as to what has transpired with this property and a plan to either salvage or condemn the property, seconded by Councilmember Robertson. Councilmember Cheek expressed her support for the motion, but expressed her doubt that the purpose of the Inspection Department is to negotiate on behalf of the Council. Ms. Cheek offered a friendly amendment that Mr. Hill come up with his own plan and then the Inspection Department could advise Council as to whether it was a realistic plan at the August 1, 1994 meeting. Councilmember Massey accepted the friendly amendment. Mayor Dawkins called for a vote. The motion carried by a vote of 6 to 3, with Councilmembers Kendrick, Bolton and McBryde in opposition. I. Set Public Hearing for August 15, 1994 to consider an application by Michael Tate for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Article IV, Section 32-24 (3), to allow a nursing home at 240 Ann Street and being the property of Heritage Place Association. (P94-92) Mr. Mitchell informed Council that this item was only to set a public hearing for August 15, 1994. Mayor Pro Tem Blackwell moved to approve, seconded by Councilmember Bolton and carried unanimously by a vote of 9 to 0. BB. Award of Construction Contract for Dallas/Englewood Paving and Drainage Project to the low bidder, McDonald Grading Company, Inc. in the amount of $327,411. Councilmember Cheek inquired as to whether there was a map of the area for this project. Mr. Smith addressed the issue. Councilmember Cheek moved to award the contract to the low bidder, McDonald Grading Company, Inc., seconded by Mayor Pro Tem Blackwell, carried unanimously by a vote of 9 to 0. The following bids were received: McDonald $327,411 Site Group $396,828 Barnhill $418,289 City Estimate $330,846 3. PUBLIC HEARINGS: A. Consideration of an ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 miles per hour on Edgecombe Avenue. Mr. Louis Chalmers, City Traffic Engineer, presented this item which was by petition. This is the advertised public hearing for this date and hour. There being no one to speak either in favor of or opposition to, the public hearing opened and closed at 7:58 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (EDGECOMBE AVENUE) Ordinance Number NS1994-24 A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1994. B. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Article IV, Section 32-28, by deleting Subsection (31) and substituting it with a new Subsection (31). (P94-78). Mr. Al Mitchell of the Planning Department presented this item. He stated the Planning Board and staff recommended approval and the revision being made would enable the use of go-carts. This is the advertised public hearing for this date and hour. The public hearing opened at 8:05 p.m. Mr. Stacy Weaver, Attorney, appeared in favor of the ordinance revision. Mr. Weaver informed the Council of the particulars of the family amusement and entertainment center that was currently being planned. No one appeared in opposition. The public hearing closed at 8:13 p.m. Councilmember Bolton moved to approve the ordinance revision, seconded by Councilmember Massey. A discussion ensued regarding the noise factor involved, the definition of a go-cart, the required noise buffers and the state regulations of go-carts. City Attorney, Robert C. Cogswell, Jr., advised the Council to define the ordinance for both compliance with state laws, noise ordinance, and review of the set back requirements. Councilmember Bolton withdrew his motion, seconded by Councilmember Massey. Mayor Pro Tem Blackwell moved to have the Attorneys redefine the ordinance including the set back of go-carts from residential areas and to have the finished ordinance back to Council for consideration by August 1, 1994, seconded by Councilmember Kendrick. Councilmember Cheek requested that a definition of go-carts be made to include a noise limitation and that the amusement center be 200 feet from residential areas with the go-carts being 500 feet away. Mayor Dawkins called by a vote on Mayor Pro Tem Blackwell's motion, and it carried unanimously by a vote of 9 to 0. 4. Consideration of the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on the north side of County Club Drive (US 401 By-Pass) and the west and east sides of Gables Drive. Being all of Areas 108 and 117, Annexation Nos. 94-05-381 and 94-05-387, respectively, and being annexed by the City of Fayetteville effective June 30, 1994. (P94-109) Mr. Al Mitchell presented this item. Councilmember Kendrick moved to approve, seconded by Councilmember Bolton, carried unanimously by a vote of 9 to 0. 5. Consideration of the sale of surplus property located at 551 Cool Spring Street. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY (Cool Spring Street). Resolution Number R1994-75 Councilmember Ross moved to approve the sale, seconded by Councilmember Kendrick, carried unanimously by a vote of 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1994. 6. Consideration of Employee Pay and Classification Plan. A presentation was made by City Manager, John Smith, and David Eisenlohr of Ralph Anderson and Associates. Mr. Eisenlohr explained the process used in the classification of the jobs within the Proposed City Pay Plan. A question and answer period ensued. Councilmember Bolton moved to approve the plan, seconded by Councilmember Massey, carried unanimously by a vote of 9 to 0. Councilmember Massey moved to excuse Councilmember Robertson, seconded by Councilmember Bolton and carried unanimously by a vote of 9 to 0. 7. Consideration of voting districts. Mr. Jerry Wilson presented this item. He explained the process used in ascertaining the new voting districts and submitted a map which set out each of the proposed districts. City Manager, John Smith asked the Council to adopt the redistricting plan in concept so that the final documents could be prepared for their final approval. Councilmember McBryde moved to adopt the concept as recommended by City Manager, John Smith, seconded by Councilmember Bolton. Councilmember Cheek requested that the districting information be made available to the public. Councilmember Massey stated he could not vote for a concept. He expressed his desire to vote only for a finalized plan. Councilmember McBryde withdrew his motion, seconded by Councilmember Bolton. 8. Consideration of request from Councilmember Ida Ross to discuss senior citizens housing. Councilmember Ross addressed the Council regarding her concern for the possible loss of the Lewis Chapel Retirement Home project. She requested that consideration be given by the City for assistance with this endeavor. City Manager, John Smith, stated he would coordinate an effort to see that the problem of senior citizen housing is addressed. 9. APPOINTMENTS: A. FAYETTEVILLE BOARD OF ADJUSTMENT - 1 alternate vacancy, 1 nomination. (Meets third Wednesday each month at 4:00 p.m. - 3 year term). 1. Mr. Linwood Haith was reappointed for a three year term. B. FAIR HOUSING HEARING BOARD - 1 attorney vacancy. (Meets as necessary - 2 year term). Mayor Pro Tem Blackwell nominated Mr. Neil Davis, Attorney at Law, for the vacancy on this Board. C. BOARD OF APPEALS ON DWELLINGS AND BUILDINGS - 1 vacancy. (Meets as necessary at 7:00 p.m. - 3 year term). Mayor Pro Tem Blackwell nominated Mr. Allen W. Rogers for a three year term. 10. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of June, 1994, from the Cumberland County Tax Collector. 1993 Taxes $195,136.52 1993 Vehicle Taxes 79,545.16 1993 FVT 11,495.00 1992 Taxes 17,713.71 1992 FVT 336.17 1991 Taxes 3,761.65 1991 FVT 103.57 1990 Taxes 2,394.48 1989 & Prior Real & Personal Taxes 1,647.49 TOTAL INTEREST 15,995.19 TOTAL COLLECTIONS $328,037.94 B. Report on rezoning signs. Information in Packet. C. Condemnation of the Mitchell property. Mr. Cogswell presented a report that the lawsuit could be settled for $5,063.16. Councilmember Cheek moved to approve the settlement, seconded by Mayor Pro Tem Blackwell, carried unanimously by a vote of 8 to 0, with Councilmember Robertson absent. Councilmember Bolton moved to adjourn the meeting, seconded by Councilmember Kendrick, and carried unanimously by a vote of 8 to 0. The meeting adjourned at 10:27 p.m. INFORMATION MEETING MINUTES JULY 25, 1994 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES RUDOLPH P. JONES STUDENT CENTER FAYETTEVILLE STATE UNIVERSITY JULY 25, 1994 7:00 P.M. Present: Mayor Pro-Tem Breeden Blackwell Councilmembers Milo McBryde, At-large; Nat Robertson, At-large; Tommy Bolton, District 1 (arrived at 7:28 pm); Ida Ross, District 2; Robert A. Massey, Jr., District 3; Thelbert Torrey, District 4; and Mark Kendrick, District 6 Absent: Mayor J. L. Dawkins Councilmember Suzan Cheek, District 5 Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert Cogswell, City Attorney Al Mitchell, Assistant Planning Director Robert Barefoot, P&R Director Invocation - Pledge of Allegiance Mayor Pro-Tem Blackwell called the meeting to order and recognized Rev. F. M. Bryant, New Zion United Pentecostal Holiness Church to offer the invocation followed by Mr. Blackwell leading in the Pledge of Allegiance to the American Flag. Recognition Mayor Pro-Tem Blackwell thanked Councilmember Torrey for being the host Councilmember for this District Meeting. Mr. Blackwell welcomed back City Clerk Bobbie Joyner from a 6 month illness. He offered condolences to the family of Mr. Alphonso McCoy who was a contributing member of the Fayetteville Human Relations Commission. Mr. McCoy passed away recently. At this time, Mayor Pro-Tem Blackwell called for a motion to excuse Mayor Dawkins, Councilmembers Cheek and Bolton from tonight's meeting. Upon motion by Councilmember Massey, seconded by Councilmember Robertson, Council unanimously excused Mayor Dawkins and Councilmembers Cheek and Bolton by a show of hands. Mr. Blackwell also called for a motion to excuse Councilmember Kendrick from the August 1st regular meeting. Upon motion by Councilmember Ross, seconded by Councilmember Massey, Councilmember Kendrick was unanimously excused from the August 1st meeting by a show of hands. 1. Approval of Agenda City Manager Smith stated there was a request in the agenda packet for continuance of Item 4. He recommended Item 5 be continued because the final numbers for the district plan are still being worked on by the consultant. Mr. Smith said he had received a request from Mayor Dawkins and Councilmember Cheek to continue Item 6 until they can be present. Upon motion by Councilmember Torrey, seconded by Councilmember Kendrick the Agenda was unanimously approved with a delay of Items 4, 5 and 6 with a show of hands. Councilmembers Cheek and Bolton absent. 2. Public Forum Mayor Pro-Tem Blackwell opened the public forum and the following people appeared: Clinton Harris, 4713 Watauga Road, stated he was representing NAACP Fayetteville Branch. With concerns about the re-districting. He gave some comparisons on the numbers in the different districts and said he feels it would be impossible for a black person to run at-large and get elected. This would be a waste of their money to try and run at large. Nero Coleman, 1206 Hillsboro Street, asked Council not to follow recommendation of the Parks and Recreations Advisory Commission to consider closing Seabrook swimming pool but to repair it and possibly consider expanding it. Children should also be taught to be life guards because of the shortage of qualified people. He feels the pool should not be used as a money maker for the City. Mr. Coleman also felt that a pool should be maintained in the Seabrook area because of the many disadvantaged children that had no way to get to other areas. Linda Miller, 903 Rexdale Street, requested that the Seabrook pool be repaired and not patched up. She said children should not have to go to outside areas to swim. She feels there is a "hidden agenda" for closing this pool. She and her constituents will support Council every way they can to keep this pool. Ronny Chalmers, 1421 Murchison Road, stated the City is saying that the pool is not making money bothers him, because other functions in the City are not making money and are not disposed of and continue receiving funds. He feels that the pool should be used for exercises and teaching children to swim to save lives. Councilmember Bolton arrived at the meeting at 7:28 pm. J. T. Johnson, 704-A Blue Street, spoke his concerns for the closing of Seabrook pool. He said he also feels there is a hidden agenda regarding this. Mr. Johnson asked that Council replace Seabrook pool and provide a place for the children to swim while this is being done. Melvin Pierce, 1635 Rudolph Street, also spoke of his concern for the closing of the Seabrook pool and that it should provide a service and not be a money-making business. Irani Smith Mohammed, 1720 Elder Street, concurred with the others concerning the closing of Seabrook pool and the hidden agenda. He also expressed major concern for the crime problem and the need to create activities for the children to bring down the crime problem. Judy Wilson, 802 Normal Avenue, concurred with the other speakers concerning the Seabrook pool, but was also upset because the playground equipment had been removed and construction was going on leaving no place for the children to play during the summer when school is out. Councilmember Bolton answered Ms. Williams saying that there were three park center projects bid at the same time and it took longer than planned to get these bids and the projects started. All three centers were started at the same time and there will be safer equipment installed later. He called on Parks and Recreation Department Director Robert Barefoot to respond to the comments from the citizens. Mr. Barefoot stated that the playground equipment at Seabrook was moved to another location because of construction problems. The equipment will be replaced in the shaded area later. He assured everyone that there is no "hidden agenda". They only want to provide the best service for the citizens of Fayetteville that we know how. Mr. Barefoot said that having the swimming pool make enough money to support itself has never been an issue, nor will it be in the future. The concern for cost was the capital cost of approximately $1 million to construct a new pool and how to finance it. The pools have been on both bond issues that failed. The City does not want to close Seabrook pool, but the Health Department will eventually tell us to close it because it cannot be repaired anymore. He concluded by saying we probably need at least 3 pools, but financing is the problem. Councilmember Robertson asked Mr. Smith for a rundown on the referendum votes concerning pools and how we can get another bond referendum on the November ballot. Mr. Smith responded that the Parks and Recreation bond, including pools, was turned down in 1986 but none of the other bond issues failed. In 1990 the bond referendum for Parks and Recreation, which also included pools, was turned down probably because of economic worries. It will take longer to prepare a bond issue of this nature than the November ballot. Councilmember Robertson moved to have Management and Parks and Recreation Advisory Commission get together and return to the August 15th Council Meeting with a recommendation and/or guidance for bond referendum in November for pools in the entire community. Councilmember Massey seconded the motion if Mr. Robertson would accept a friendly amendment for them to also look for any other way or format to possibly meet the needs for funding this project. Councilmember Robertson accepted the amendment. Councilmember Ross stated she had written a letter requesting the City and County to consider indoor/outdoor Olympic size pools. Councilmember Kendrick stated he does not feel we should throw together a bond package by this November without educating the people first. Councilmember Torrey concurred that we need an extensive voter education program to get a bond referendum passed by the November ballot and this cannot be done in such a short time. Mayor Pro-Tem Blackwell repeated the motion which was to direct City Management and the Parks and Recreation Advisory Commission to get together, collaborate, and bring back to Council: 1. is it possible to have a bond issue, the possibility of floating a bond in November and 2. to discuss in addition to the possibility of floating a bond in November in 1994 additional funding sources to study or to recommend a plan for pools in the entire community. The motion carried 5 to 2 with Councilmembers Torrey and Kendrick voting in opposition. (Councilmember Ross did not vote, therefore it was an automatic "YES" vote.) At this time, Mayor Pro-Tem Blackwell recognized Councilmember Ross. She stated that when she became a Councilmember in 1986, she discussed pools and went to her constituency in Savoy Heights. They decided to let money for their recreation center enlargement be applied to the Seabrook pool instead because it should be each child's right to take swimming lessons. 3. Consideration of Sublease with Cassell Properties Inc. Councilmember Bolton moved to approve the sublease as requested, seconded by Councilmember Kendrick and carried unanimously with Councilmember Cheek absent. There being no further business, the meeting was adjourned upon motion and second at 8:15 p.m. REGULAR MEETING MINUTES AUGUST 1, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET AUGUST 1, 1994 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); and Suzan Cheek (District 5) Members absent: Mark Kendrick (District 6) - excused Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Tom Ray, Airport Manager Robert Barefoot, Parks and Recreation Director Frank Simpson, Inspection Superintendent Steve Blanchard, PWC Manager 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 Reverend Franklin L. Rush, Simon Temple AME Zion Church, 5760 Yadkin Road, offered the invocation, followed by the Pledge of Allegiance to the American Flag being lead by Christopher Gilluly, Boy Scout with Troop 771. His father, Kenney Gilluly, Assistant Scout Master attended the meeting with him. RECOGNITION Mayor Dawkins welcomed City Clerk Joyner back from a six month illness. 1. APPROVAL OF AGENDA City Manager Smith requested to pull Item 2E because this matter has been settled and to pull Item 6 at the request of Olde Fayetteville Association to appear at a later date. He requested a correction on the Agenda for Item 7 to show that the presentation will be by the City Manager and not by the Airport Manager. City Attorney Cogswell requested an addition of Item 16 for legal representation for Selena Washington and Harry Truesdale. Councilmember McBryde moved, seconded by Councilmember Massey to approve the Agenda with changes. The Agenda was unanimously approved. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Mayor Pro-Tem Blackwell requested to pull Item K for discussion. Councilmember Bolton moved to approve the consent Agenda with the exception of Item K. After a second from Councilmember Massey, the consent agenda and following items were unanimously approved with Councilmember Kendrick absent. A. Approve minutes of regular meeting of July 5, 1994. B. Approve minutes of regular meeting of July 18, 1994. C. Authorize advertisement for upset bid for sale of surplus pack trailers. D. Approve Modified Grant Agreement for State Airport Aid Project 9.954901 (AIP-12) Resolution WHEREAS, a grant in the amount of $228,043 has been approved by the Department based on a total estimated cost of $4,587,937 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 AND IT IS 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. (Pulled from the Agenda) F. Approve request from the Fayetteville Generals for a fireworks display on August 27, 1994, at J.P. Riddle Stadium. (Contingent upon Fire Prevention Bureau conditions being met.) G. Adopt Special Revenue Project Ordinance Number 95-2. The Governor’s Highway Safety Program has awarded the Fayetteville Police Department a grant in the amount of $4,574 for the purpose of funding overtime safety belt enforcement activities of the department during the period of July 11th - July 31. No local match is required. H. Adopt Special Revenue Project Ordinance Number 95-3. This ordinance appropriates proceeds awarded to the Police Department in the amount of $63,832 by the Governor’s Crime Commission. A local match of $21,278 is required with the resources coming from the ballots of Fayetteville in the $250,000 Mayor's Drug Task Force appropriation of several years ago. After this local match, the balance available is $54,580. The grant will be used to fund two positions, 1) Community Watch Coordinator and 2) Clerk Typist, operating expenditures and equipment for the Watch Out program. I. Adopt Capital Project Ordinance Amendment Change 95-2. This amendment provides for NCDOT to reimburse 100 percent of the estimated $30,000 procurement cost for a revision to a municipal agreement for enhancements to the computerized signal system. J. Set public hearing for August 15, 1994, to consider 25 mile per hour speed limit reduction on Dowfield Drive. K. (Pulled for discussion.) L. Approve award of contract for construction of a 30 inch water main from River Road to Clinton Road to Bryant Construction, low bidder in the amount of $1,519,234.40. (PWC) Bids received were as follows: Bryant Construction (High Point, NC) $1,519,234.40 Dellinger, Inc. (Monroe, NC) $1,751,556.50 Mark H. Johnson, Inc. (Newton Grove, NC) $1,578,978.00 McClam & Assoc. (Little Mountain, SC) $1,796,993.50 R. H. Moore Co., Inc. (Murrells Inlet, SC) $1,543,300.00 State Utility Construction (Monroe, NC) $1,589,481.00 T.A. Loving Company (Goldsboro, NC) $1,537,669.00 W.M. Paris & Assoc. (Charlotte, NC) $1,782,364.00 M. Approve award of contract for purchase of Non-LTC Transformer rated 20/26/33 MVA to Hevi-Duty Electric Company, low bidder in the amount of $238,748. (PWC) Bids received were as follows: Hevi-Duty (Goldsboro, NC) $238,748.00 MagneTek (Jake Rudisill & Assoc., $270,667.00 Charlotte,NC) Delta Star (Nat'l Transformer Sales, $325,953.00 Raleigh, NC) Power Supply (Matthews, NC) $289,400.00 Rigby Electric (Rocky Mount, NC) $292,250.00 N. Approve award of contract for purchase of ten (10) 25kV Vault Style, Type 9A Switches to Power Supply, low Bidder in the amount of $242,100. (PWC) Bids received were as follows: Power Supply (Matthews, NC) $24,210.00 each Eastern Electric (Rocky Mount, NC) $24,338.37 each Rigby Electric Supply (Rocky Mount, NC) $24,496.00 each CED/Mill-Power (Charlotte, NC) $24,524.00 each O. Approve award of contract for purchase of 41,800 lbs of 477 MCM AAC H.D. Conductor to Eastern Electric, low bidder in the amount of $242,100. (PWC) Bids received were as follows: Eastern Electric (Rocky Mount, NC) $42,510.60 Power & Telephone (Knoxville, TN) $46,398.00 Rigby Electric (Rocky Mount, NC) $46,293.50 WESCO (Raleigh, NC) $47,012.46 Power Supply (Matthews, NC) $46,398.00 P. Approve award of contract for purchase of 28,000' of 4/0 ALCN EPR 25kV 133% Cable to Scott-Parish, low bidder in the amount of $79,124.92. (PWC) Bids received were as follows: Scott-Parish (Raleigh, NC) $79,124.92 Eastern Electric (Rocky Mount, NC) $81,857.16 Power & Telephone (Knoxville, TN) $82,684.00 Rigby Electric (Rocky Mount, NC) $82,992.00 WESCO (Raleigh, NC) $85,414.56 Power Supply (Matthews, NC) $80,584.00 Q. Referral of site selection for the new Central Fire Station to the Buildings and Properties Committee. K. Approve agreement between City of Fayetteville and NCDOT for railroad crossing signal improvements on Russell street and CSX railroad at Winslow street. Councilmember Blackwell requested an update of information from Assistant City Manager Teal concerning the condition of the crossings. Mr. Teal responded that we are working with NCDOT and getting closer to finalizing a schedule for this work. Councilmember Blackwell moved to approve the agreement as recommended, seconded by Councilmember Bolton, and carried unanimously with Councilmember Kendrick absent. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for the public hearings. A. Consideration of the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located at the north end of Copenhagen Drive, north of Eastwood Avenue and east of Ramsey Street (US 401 North) and being a portion of the property of Village Development Group, Inc. (P94-42) Assistant Planning Director Al Mitchell presented this item. This is the advertised public hearing for this date and hour; however, he received a letter of withdrawal from the applicant that reads as follows: July 22, 1994 Planning Department Cumberland County North Carolina Dear Planning Department: This letter is to verify that I have agreed to withdraw my application to rezone a portion of Eastwood Village Subdivision from R10 to R6. The sole purpose of this application has always been focused on the fact that R6 allows a 25 foot set-back, while R10 requires a 30 foot front yard set-back. When the Board of Adjustment voted on Wednesday, July 20, to allow a front yard set-back of 25 feet for Lots 129, 130, 131, 132, 133, 134, 135, 136, 137, and 156, the need for my application became unnecessary. Thanks very much for your assistance with this project. Sincerely, (Signed by) Robert L. Gore, Jr. The public hearing was opened at 7:15 p.m. with none to speak in favor. Speaking in opposition was Mr. R. L. Cooper, 1719 Ramsey Street. He said he had spoken with many long-term residents and they obtained 77 names on a petition against this rezoning. He requested Council accept the withdrawal and deny the petition. There being none further to speak on this matter the public hearing was closed at 7:17 p.m. Councilmember McBryde moved to deny the request to rezone, seconded by Councilmember Bolton, and carried unanimously with Councilmember Kendrick absent. Councilmember Cheek moved to refer this matter to the Planning Staff to check the whole area and see if it meets the R6 criteria and to return staff's recommendation to Council. The motion was seconded by Councilmember Blackwell and carried unanimously with Councilmember Kendrick absent. B. Consideration of the rezoning from C3 Heavy Commercial District to M2 Industrial District or to a more restrictive zoning classification for an area located at 726 Ramsey Street and being the property of McMillan-Shuler Oil Company. (P94-72) Assistant Planning Director Al Mitchell presented this Item with a recommendation for approval by Planning Board and Planning Staff. This is the advertised public hearing for this date and hour. Councilmember Cheek asked Mr. Mitchell when Council could expect an update of the neighborhood plan for this area that had been requested previously. He responded that there is no updated version at this time and he does not know the schedule for this. Ms. Cheek stated she has been seeking, with Council’s cooperation, a neighborhood plan for this area for at least a year. She said that she thinks this is another example of how the interests of the City of Fayetteville are not being served under our current planning relationship for whatever reasons that might be happening. The public hearing was opened at 7:28 p.m. and speaking in favor was Mr. Stuart Clarke, 4200 Morganton Road representing the petitioner McMillan-Shuler Oil Company. He stated they have been in business for 65 years and have owned the property on Ramsey Street for over 50 years. Their intention is to use this property for propane storage tanks to service their customers instead of having to pay for storage and freight any longer. Mr. Clarke pointed out to Council that this property is not near the area school and it is adjacent to businesses currently having gasoline storage that is more vulnerable than propane. He said that this use will be in keeping with the use in the area. Speaking in opposition was Mr. C. Martin Hutchkiss, 2701 Compton Place. He stated that trucks will not have room to come and go without an accident and that traffic is already very congested along Ramsey Street. He concluded by stating his concern for what will or might happen to this area in the future. Ms. Pamela Alkins, 111 Cumberland Street, said that she has a petition with 112 names from people living in the general area. She said she is speaking for the elderly people living in the area and they are concerned with the potential risk of explosions if one of the trucks would be in an accident where there is gasoline in the area. She requested that Council not rezone this property. Ms. Jean McDonald, 744 Eufaula Street, spoke in opposition because they do not want anything in the area rezoned until they can move away from the landfills in the area. She said that this business would only cause more hazards for those living there. Speaking in rebuttal, Mr. Clarke said this property will be double-fenced as required by the North Carolina Agricultural Department. The propane tank is safer than gas tanks because they have a safety valve. Mr. Clarke also referred to the traffic problem the opponent spoke of saying there would be only one truck three times a week. Mr. Clarke told Council that there were others with the same size tanks within a block that do not have the double-fencing or other features mentioned previously. Ms. Alkins also spoke in rebuttal saying they were told that the heating oil would be at this location also. She asked those in the audience that came in opposition to this rezoning to stand and approximately 20 people stood. Ms. McDonald spoke in rebuttal saying that they would have to breathe the fumes if the tanks blew straight up. She suggested that the oil company purchase the residents’ property to solve the problem. There being none further to be heard in this matter, the public hearing was closed at 7:50 p.m. Councilmember Cheek reminded everyone that Council cannot consider one particular use for a piece of property, but all uses in this zone that can go there. Councilmember Torrey moved to deny the rezoning request, seconded by Councilmember Ross, and carried 5 to 3 with Councilmembers Robertson, McBryde and Bolton voting in the opposition and Councilmember Kendrick absent. 4. CONSIDERATION OF THE REZONING FROM R5 RESIDENTIAL AND C3 HEAVY COMMERCIAL DISTRICTS TO R15 RESIDENTIAL DISTRICT OR TO A MORE RESTRICTIVE ZONING CLASSIFICATION FOR AN AREA LOCATED ON THE NORTH SIDE OF ROBESON STREET, APPROXIMATELY 350 FEET WEST OF WEISS AVENUE AND BEING A PORTION OF THE PROPERTY OF WILLIAM E. CLARK. (P94-90). This item was presented by Assistant Planning Director Al Mitchell with a recommendation for approval of the rezoning from the Planning Board and the Planning Staff. Councilmember Bolton moved to approve the rezoning, seconded by Councilmember Cheek. Councilmember Bolton asked Mr. Graham T. Moore, present in the audience, what his concerns were. Mr. Graham T. Moore, President of Crowell Constructors, responded that his Company was not opposed to rezoning, but wanted it in the record that his business has been located adjacent to the property for 30 years, and he does not want to come before the Council in the future if the new residents of the property to be developed object to noise and the appearance of this facility. Councilmember Robertson asked City Attorney Cogswell if Crowell Constructors are in violation or would continue to be in violation of the noise ordinance, wouldn't we need then to take action and Mr. Cogswell responded in the affirmative. Councilmember Cheek asked, for Mr. Moore's benefit, what the buffer requirements would be. Mr. Mitchell stated that there are no requirements for residential development. Ms. Cheek said that we should look into this further, because if it were being rezoned in the opposite, a buffer would be required. This could also be a potential incompatibility situation at this location. Mayor Dawkins called for the vote on the motion to rezone and it carried 7 to 1 with Councilmember Ross voting against and Councilmember Kendrick absent. 5. CONSIDERATION OF THE REZONING FROM R5 RESIDENTIAL TO C3 HEAVY COMMERCIAL DISTRICTS TO A MORE RESTRICTIVE ZONING CLASSIFICATION FOR AN AREA LOCATED AT 324 AND 326 "B" STREET AND BEING THE PROPERTY OF HOSEA M. RAY. (P94-91). This item was presented by Assistant Planning Director Mitchell with the recommendation from the Planning Board for approval of the rezoning. Councilmember Ross moved to set a public hearing for September 6, 1994, seconded by Councilmember Cheek and carried unanimously with Councilmember Kendrick absent. 6. (Pulled from agenda) 7. CONSIDERATION OF ACCEPTANCE FOR CITY MAINTENANCE THOSE STREETS LOCATED IN STONEBRIDGE SUBDIVISION, SECTION VIII (PB 76/47): A. Delaware Drive - from Trainer Drive eastward to Dead End. B. Hammock Court - from Delaware Drive to Dead End. C. Dark Branch Road - from Trainer Drive to Delaware Drive. D. Dual Drive - from Dark Branch Road to Dead End. City Manager Smith presented this item and recommended it be continued to the next regular meeting so Council can hear from some of the residents and staff for this new information since it has been an ongoing matter. Councilmember McBryde moved to set a public hearing for August 15, 1994, seconded by Councilmember Bolton and carried unanimously with Councilmember Kendrick absent. Councilmember Blackwell moved to add this Item to the Council Streets and Roads Committee Agenda that will be meeting August 11, 1994, at 5:00 p.m. The motion was seconded by Councilmember Ross and carried unanimously with Councilmember Kendrick absent. 8. CONSIDERATION OF SUPPLEMENT AGREEMENT NUMBER 4 BETWEEN CITY OF FAYETTEVILLE AND WILBUR SMITH ASSOCIATES FOR AIRPORT PROJECTS. Councilmember Bolton moved to authorize execution of contracts subject to FAA approval as recommended, seconded by Councilmember Torrey and carried unanimously with Councilmember Kendrick absent. 9. CONSIDERATION OF THE SALE OF SURPLUS REAL PROPERTY ADJACENT TO RIVER TRACE MOBILE HOME PARK. City Manager Smith presented this item stating there were no upset bids and recommends approval of the sale with utility and greenway easement being reserved for the City, to River Trace, Inc. in the amount of $25,152. Councilmember McBryde moved to follow the recommendation for the approval, seconded by Councilmember Blackwell. Councilmember Cheek offered an amendment to the motion to have staff check with the church in that area to make sure they have complete access to their church. The amendment was accepted and the motion carried unanimously with Councilmember Kendrick absent. 10. CONSIDERATION OF THE SALE OF HOUSE LOCATED AT 4201 MINTZ MILL (BLANTON) ROAD. City Manager Smith presented this item stating that there had been no upset bids following the advertisement and recommends sale of this house to Bill Bently, Jr. for the sum of $2,500 and the conditions as stated in the "Notice of Sale." Councilmember Bolton moved to follow the recommendation for approval, seconded by Councilmember Blackwell and carried unanimously with Councilmember Kendrick absent. 11. CONSIDERATION OF ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS. This item was presented by City Manager Smith and PWC Manager Blanchard. They said this would enable them to start on their projects now and sell bonds in January. The recommendation was to adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCING FOR CERTAIN EXPENDITURES TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS. RESOLUTION NO: R1994-76 Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Blackwell. Councilmember Bolton requested to abstain from this matter due to a conflict of interest. Councilmember Blackwell moved to follow the request, seconded by Councilmember Ross and carried unanimously. Mayor Dawkins called for vote on the motion to adopt the resolution and it carried unanimously with Councilmember Bolton abstaining and Councilmember Kendrick absent. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1994. 12. CONSIDERATION OF THE FOLLOWING CITY CEMETERY MATTERS: A. Adopt resolution setting a public hearing to close a portion of Lamon Street. This Item was presented by City Manager Smith. He said that this is a dead end street with city property on both sides. By closing this portion of Lamon Street it will enable us to use this property for additional graves. His recommendation was to adopt the resolution setting a public hearing for September 6, 1994, to close this portion of Lamon Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF LAMON STREET. RESOLUTION NO. R1994-77. Councilmember Ross introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously with Councilmember Kendrick absent. A copy of the foregoing resolution is on file in the Clerk’s office in Resolution Book R1994. B. Adopt policy for relocation of graves. This item was presented by City Manager Smith and Parks and Recreation Director Barefoot. This policy would allocate $250 for each relocation of infant graves in the Cross Creek Cemetery, within the cemetery. The City would pay $250 to relatives wishing to relocate baby graves elsewhere. This money would come from the Council Contingency Fund. Councilmember Bolton moved to adopt the policy as requested, seconded by Councilmember Blackwell and carried unanimously. 13. CONSIDERATION OF ADOPTION OF DEMOLITION ORDINANCE FOR PROPERTY LOCATED AT 1511 SLATER AVENUE. (OWNER: LEONARD AND DIANE HILL). City Manager Smith presented this item reminding Council that on July 18 they instructed Glenn Adams, attorney and Leonard E. Hill, property owner to submit to the Inspection Department a plan of action with projected time tables for the repair of this property. They did not meet the deadline of July 26, 1994, set by the Inspection Department and received a letter today requesting a year extension. Mr. Smith recommended adoption of the demolition ordinance. AN ORDINANCE REQUIRING DEMOLITION AND REMOVAL OF A STRUCTURE (1511 SLATER AVENUE - OWNER LEONARD AND DIANE HILL) ORDINANCE NO.NS 1994-25. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Blackwell and carried unanimously with Councilmember Kendrick absent. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS 1994. 14. APPOINTMENTS A. Nominations to fill one vacancy on Fair Housing Board. Mr. Neil Davis was unanimously elected to a term expiring November 30, 1995. B. Nomination to fill one vacancy on Board of Appeals on Dwellings and Buildings. Mr. Allen W. Rogers was unanimously elected to a fill a term to May 19, 1997. 15. ADMINISTRATIVE REPORTS: A. Status report on Olde Fayetteville Investments' properties. Councilmember Blackwell asked the status of this property. Inspection Superintendent Simpson responded that Mr. and Mrs. Hester have done everything to this point but he would prefer that this would be done on a monthly basis rather than wait until the end of the term. 16. REQUEST FOR LEGAL REPRESENTATION FOR HARRY TRUESDALE AND SELENA WASHINGTON. City Attorney Cogswell stated that in the case of Sherry Johnson McCoy individually and as the Administratrix of the Estate of Jonathan E. Johnson versus City and now Harry Truesdale and Selena Washington. Both Truesdale and Washington have requested legal representation be provided by the City having been acting in the scope of their employment at the time. Mr. Cogswell recommended Council authorize Mr. Lee Johnson represent them at his regular fee of $100 per hour. Councilmember Ross moved to approve the request, seconded by Councilmember Cheek and carried unanimously with Councilmember Kendrick absent. Councilmember Blackwell referred to the letter under information in the Agenda packet concerning Morgan Lane. He believed we had agreed to do something for that street in the form of crush and run when we did not close it at Matthew Smith's request. Assistant City Manager Teal explained that the paving and Drainage improvement request in this Agenda deals with Morgan Lane on the other side of Claremont Street and we are looking at paving the entire Morgan Lane eventually. Councilmember Cheek requested a neighborhood meeting for Morgan Lane before this project is designed. Mr. Smith suggested that staff be allowed to schedule these neighborhood meetings from the list of street projects as they come up, rather than picking out certain streets. Ms. Cheek agreed with this suggestion. Councilmember Cheek moved to schedule, within a few months, sidewalks discussion for an information meeting and to discuss the sidewalk policy. Councilmember Ross seconded the motion and it carried unanimously with Councilmember Kendrick absent. There being no further business, the meeting was adjourned upon motion and second at 9:05 p.m. REGULAR MEETING MINUTES AUGUST 15, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET AUGUST 15, 1994 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); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmer, Traffic Services Director 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 Reverend Anthony Legear, Calvary Assembly of God, offered the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Fifth & sixth grade participants in the Southeastern Double Dutch Jump-Off were presented Certificates of Recognition by the Mayor. Marion Crowe, Parks & Recreation Department introduced the second place team, Sassy Ladies, in the fifth grade division. They were Bridget Sullivan and Ameria McClain. Diana Judd was not present. The first place team, Too Smooth, from the sixth grade division were Lakesha McBride, Latesha McBride, Candice Ray and Tinisha McClain. 1. APPROVAL OF AGENDA City Manager Smith requested to add the Council's Streets and Roads Committee Report as Item 12.D and to correct the Public Hearing date on Item 2.I to September 19th, 1994, which is a regular meeting date. Councilmember Kendrick moved to approve the Agenda with the correction and the addition, seconded by Councilmember Robertson and carried unanimously. 2. CONSENT: City Attorney Cogswell stated that two Councilmembers had contacted him concerning conflict of interest on two of the Consent Items. He recommended that Councilmember Cheek abstain from Item 2.F and Councilmember Massey to abstain from Item 2.I. Councilmember McBryde moved to follow the recommendation for Councilmember Cheek to abstain from Item 2.F and Councilmember Massey to abstain from Item 2.I. The motion was seconded by Councilmember Blackwell and carried unanimously. Mayor Dawkins asked if any other Items should be removed before calling for action. Councilmember Cheek requested to pull Items C. and K. and Councilmember Massey requested to pull Items A. and C. for discussion. Councilmember Robertson moved to approve the consent Agenda with the exception of Items A., C., F., I. and K., seconded by Councilmember Blackwell and carried unanimously. The following Items were approved: A. (Pulled for Discussion) B. Approve minutes of regular meeting of August 1, 1994. C. (Pulled for Discussion) D. Approve utility agreement for Bonanza Drive. E. Set public hearing for September 19, 1994, to consider the rezoning from PND (Planned Neighborhood District) to R5A Residential District or to a more restrictive zoning classification for an area located on the north side of Morganton Road (SR 1404), west of Bonanza Drive (SR 1408). Containing 47.8 acres more or less and being the property of Aileen Bowles Owen heirs as evidenced by map and legal description on file with the Planning Department. (P94-86) F. (Pulled for Discussion) G. Set public hearing for September 19, 1994, to consider an application by Anastasio C. Giarcoman for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-32 (1) and Section 32-30 (14), to allow the manufacturing of various utility trailers for an area located at 924 Ramsey Street and being the property of Carlton and Susan Conner. (P94-121) H. Approve the initial zoning to various residential, commercial, professional and industrial zoning classifications for an area containing 2076 acres more or less and comprised of the Devonwood, Lake Shores, Murray Fork, The Lakes, Foxfire, Yadkin Acres, Lake Valley, Lands End, Eden Farms subdivisions, and other single-family and multi-family developments, existing and proposed, and all commercial, professional and industrial properties within the area of consideration, with a list of persons having freehold interests in the area on file with the Planning Department. Being all of Area 200, Annexation No. 93-12-375, and being annexed by the City of Fayetteville, effective June 30, 1994. (P94-94). I. (Pulled for Discussion) J. Authorize advertisement for upset bids for the sale of a portion of Radisson Prince Charles Hotel Parking Lot in the amount of $5,000 by Dr. Menno Pennink. K. (Pulled for Discussion) L. Adopt demolition ordinance for property located at 400-402 Glenville Avenue. (Owner: Roland Kelly, Jr.) AN ORDINANCE CORRECTING CONDITIONS OR REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1994-26. A copy of the foregoing Ordinance is on file in the Clerk's office in Ordinance Book NS1994. M. Approve release of liability and indemnity agreement between City of Fayetteville and Cumberland International All American Dragway and others. 2.A. Approve minutes of information meeting of July 25, 1994. Councilmember Massey corrected the spelling of the name of one of the speakers from Irani to Eronomie on page 2 of the minutes. Also to correct the NAAPC on page 1 on the bottom to NAACP. Mr. Massey moved to approve the minutes with those corrections, seconded by Councilmember Blackwell and carried unanimously. 2.C. Approve funding agreement for N.C. Housing Finance Agency HOPE 3 program. Councilmembers Cheek and Massey requested that a presentation for this program be made at an information meeting, because of its importance. Councilmember Massey moved to approve the funding agreement for the NC Housing Finance Agency "HOPE 3 Program". The motion was seconded by Councilmember Cheek and carried unanimously. 2.F Set public hearing for September 19, 1994, to consider an application by William Jordan for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-23 (4A) to allow grounds and facilities for a soccer field complex in a PND (Planned Neighborhood District) and P2 Professional District for an area located at the east end of Treetop Drive, east of Ramsey Street (U.S. HWY 401 North) and being a portion of the property of Methodist College, Incorporated. (P94-120) Councilmember Blackwell moved to set the Public Hearing as requested, seconded by Councilmember McBryde and carried 8 to 0 with Councilmember Cheek abstaining. 2.I Set public hearing for September 19, 1994 to consider the closing of Hull Road from Fort Bragg Road to Devers Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF HULL ROAD. RESOLUTION NO. R1994-78. Councilmember Blackwell introduced the foregoing resolution and moved its adoption setting the Public Hearing for September 19, 1994. The motion was seconded by Councilmember McBryde and carried 8 to 0 with Councilmember Massey abstaining. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1994. 2.K Approve Municipal Agreements between City of Fayetteville and N.C. DOT for railroad crossing signal improvements. Councilmember Cheek asked if the Franklin Street track is the same one to be moved at a later date on the bond fund. City Manager Smith responded that the tracks will not be moved, but trains will not be spending as much time on the tracks because the switching will be moved. 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. Councilmember Cheek moved to approve the agreements as recommended seconded by Councilmember Blackwell and carried unanimously. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and non-public hearings. A. Consideration of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 miles per hour on Dowfield Drive; Drew Court. This Item was presented by Traffic Engineer Chalmers stating that he has received petition of over 50 percent of the residents requesting this speed limit change. This is the advertised public hearing for this date and hour. The Public Hearing was opened at 7:28 p.m. and there being none to speak in favor or opposition the Public Hearing was closed. AN ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC. ORDINANCE NO. NS1994-72. 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 NS1994. B. Consideration of acceptance for City maintenance those streets located in Stonebridge Subdivision, Section VII (PB 76/47): 1. Delaware Drive - from Trainer Drive eastward to Dead End 2. Hammock Court - from Delaware Drive to Dead End 3. Dark Branch Road - from Trainer Drive to Delaware Drive 4. Duval Drive - from Dark Branch Road to Dead End City Manager Smith presented this Item giving a brief background on this matter and referred Council to the Streets and Roads Committee Minutes. The streets listed on the Agenda were petitioned before the moratorium. There were petitions for Meeting Street and Pine Meadows Street that were received and are waiting for action. Mr. Smith said that Council has several options. They can accept these streets and those petitioned that are currently outstanding and declare that this will be the last that will be accepted by Council. Another option would be to hire an independent firm to do any testing on these streets before Council makes a final decision. The other option would be to not accept any more private streets at all including these. This is the advertised Public Hearing for this date and hour. The Public Hearing was opened at 7:45 p.m. and speaking in favor was Jeff Luedeke, 2908 Delaware Drive, he said that Council had taken the upper part of their street and they are requesting Council to take the lower half also. He asked Council not to judge them by the streets that might be built later and added on to their streets. Their petitions were presented two years ago at the same time others were accepted and their petitions were postponed. Mr. Luedeke said he feels it is unfair for Council to ask them to meet the new standard when they were already in the system, but to set the standards and apply it to those who come after. He presented photographs of the streets in question. There being none further to be heard on this matter, the Public Hearing was closed at 7:53 p.m. Following some discussion Councilmember McBryde moved to accept the streets prior to the moratorium provided additional right-of-ways are dedicated, seconded by Councilmember Bolton. Councilmember Kendrick offered a friendly amendment for the right-of-ways to be dedicated within 12 months from the date of acceptance. The amendment was accepted. Following further discussion Mayor Dawkins called a vote on the motion and carried 8 to 1 with Councilmember Torrey voting in opposition. Councilmember Kendrick moved to refer this matter to Council's Policy Committee to formalize a policy that Council does not accept private streets. The motion was seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Torrey voting in opposition. C. Consideration of an application by Michael Tate for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Article IV, Section 32-24 (3), to allow a nursing home at 240 Ann Street and being the property of Heritage Place Association. (P94-92) Assistant Planning Director Al Mitchell introduced Frances Jackson, who was recently promoted to Director of Operation at the Planning Department. She will be filling in for him at the Council meetings from time to time. Mr. Mitchell presented this Item and stated that Planning Board recommends approval of the Special Use Permit with six provisions and that the proposed use fits in with the character of the area and will not be detrimental to the surrounding neighborhood. This is the advertised Public Hearing for this date and hour. The six provisions listed as follows: 1. The site be developed in accordance with the site plan submitted; 2. The parking and drainage plans be submitted to the City Engineering Department for review and approval prior to construction. 3. All State sediment and erosion control ordinances be complied with during all stages of construction; 4. A detailed driveway plan be submitted to the City Traffic Services Department and/or the City Engineering Department for review and approval; 5. The proper permits be obtained prior to construction; and 6. All state and local regulations be met and all applicable licenses be obtained for the operation of the proposed nursing home. The Public Hearing was opened at 8:34 p.m. and Mr. Bill Wills, 17 Ashwitch Lane, Greenville, South Carolina 29615, representing the petitioner was sworn in by the City Clerk. Mr. Wills stated that he was there mainly to answer questions, but what is planned is a completion of what Heritage Place originally started out as, which was to be a community resource that had a continuum of care so that when a person retired they could live independently in the apartments. If they needed additional assistance because of illness or infirmity that would be available. That second stage was never completed and they are now prepared to complete that and make this a full continuum of care. It will have approximately 25 new employees as a result of this; consisting of nursing related, a few dietary and housekeeping employees. This will be an advantage to the people already living there as well as the future residents. It will be a two-story building and offer two levels of care-of nursing and assistant living. Also sworn in was Bill Hurley, 313 Kirkwood Road, speaking as a private citizen. He requested that staff review the site plan with the staff of Heritage Place as they develop to make sure they do not impede on pedestrian traffic along the creek bank, because some day there will be a linear park there. There was none to speak in opposition to this matter and the Public Hearing was closed at 8:37 p.m. Councilmember Kendrick moved to approve the Special Use Permit with the six provisions and the stipulation that the proposed use fits in with the character of the area and will not be detrimental to the surrounding neighborhood. The motion was seconded by Councilmember Bolton. Councilmember Cheek asked Mr. Wills if the Heritage Place has considered the park plan. Mr. Wills responded there will be an upper level walkway so there should be no problem with arranging for access. Councilmember Cheek offered a friendly amendment that access be arranged for the linear park along cross creek and the amendment was accepted. Mayor Dawkins called for a vote and it was unanimous. D. Consideration of adoption of resolution closing the portion of Beckwith Avenue from the northeastern corner of Lot 46, Plat Book 7, Page 89 to the western boundary line of said plat. City Manager Smith presented this Item with the recommendation to adopt the resolution closing the portion of Beckwith Avenue. This is the advertised Public Hearing. The Public Hearing was opened at 8:40 p.m. and there being none to speak in favor or opposition the Public Hearing was closed. RESOLUTION AND ORDER TO CLOSE A PORTION OF BECKWITH AVENUE RESOLUTION NO. R1994-79. Councilmember Blackwell introduced the foregoing resolution and moved its adoption, seconded by Councilmember Massey and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1994. 4. Consideration of amendments and revisions to the City of Fayetteville Code of ordinances, Article IV, Section 32-28, by deleting Subsection (31) and substituting it with a new Subsection (31). (P94-78) City Attorney Cogswell presented this Item stating that he had added Council's concerns to the ordinance amendment following the Public Hearing. The only thing Council had not clearly determined was the distance between the activity and any residential lot. The sound study is included in the agenda packet. Councilmember Cheek asked what would be the status if we wanted to make Go Karts a Special Use and was advised that it would have to go back to the Planning Board, be re-advertised and begin the process all over again. Dr. Cheek said she wants to state in plain English in the future for the public to understand what we are doing when we are amending zoning ordinances or zones. Councilmember Cheek moved to return this matter to the Planning Board with a full report of what was discussed tonight and requested that it be considered as 200 feet or further, preferably 300 feet; also, that berms be required and that there be certification by the applicant of the noise levels at the time the Special Use permit is requested; or that it be placed in a C3 and above zone and looked at very skeptically in local business districts. The motion was seconded by Councilmember Ross. In response to a question by City Attorney Cogswell, Dr. Cheek stated she wanted C3 and above. Discussion followed. Councilmember Massey said this is a family oriented activity and needs to be in an area advantageous for families to gather and this might not happen in heavy commercial areas. Following further discussion that also included the location of Mr. Davis' facility, City Attorney Cogswell cautioned Council that they do not totally preclude anywhere in the city that these activities can go. He asked Dr. Cheek if her motion included C3, M1 and M2 and she confirmed this as a recommendation but added that she didn't want to dictate to the Planning Board what they bring back to us. Following discussion, Mayor Dawkins called for a vote on the motion which was to return this Item to the Planning Board with a full report of what was discussed tonight and requested that it be looked at very skeptically in local business districts, but preferably be considered as a Special Use Permit with such restrictions considered as 200 feet or further; also, that berms be required that there be certification by the applicant of the noise levels at the time the Special Use Permit is first requested; or that it be placed in a C3, M1 or M2 zone. The motion was seconded by Councilmember Ross and carried 8 to 1 with Councilmember Massey voting in opposition. 5. Consideration of request to address City Council from Eva D. Nichols. Mrs. Nichols requested her letter be placed in the minutes for record. It is as follows: “To: City Council Members My name is Eva Dowd Nichols, I am a Citizen of Cumberland County and have been for seventy years. For fifty-nine of those years, I have lived at 204 Haigh Street in East Fayetteville. I own property at 204 Haigh Street, 203 Deep Creek Road and a lot on the corner of Coburn Street and Haigh Street. In 1988, Haywood, Haigh, and Coburn Streets were annexed by the City of Fayetteville. At that time, we, the residents of these streets, were promised that the streets would be paved and proper drainage pipes would be installed within THREE years. There currently exists a problem with unpaved streets and open ditches that are deep and wide. When it rains, water stands in the street, and with heavy rain, the ditches overflow due to improper drainage and the streets become flooded. The ditch on Coburn Street is supposed to handle the overflow of water from Haywood, Haigh, and Coburn Streets. It is my understanding that other commercial properties drain into this drain as well. This flooding problem creates muddy and slippery streets that make it almost impossible to go to the mailbox. Additionally, it creates problems to individuals and the possibility of falling into one of these open ditches. These open ditches provide a habitat for mosquitos, rats, and snakes. This presents a danger to human health and creates a hazard to the community of Fayetteville, its visitors, and especially small children in the area. I am requesting that you as members of the City Council please give this matter immediate attention and correct this problem for the residents of East Fayetteville. By way of this letter, I wish to request that this information be entered as public record by the City Clerk of Fayetteville on this the 15th day of August, 1994. Sincerely, (signed by Eva D. Nichols)” Ms. Nichols requested Council's immediate attention because of the water standing in the big ditches. City Manager Smith responded to Ms. Nichols that the upcoming bond should take care of these streets but doing drainage will take most of the time and is the biggest problem. 6. Consideration of amendment to interlocal agreement for stormwater project. Assistant City Manager Teal presented this Item with a recommendation for approval of the agreement. Councilmember Bolton moved to approve the amendment to the interlocal agreement for stormwater project, seconded by Councilmember Robertson and carried unanimously. Mayor Dawkins said that the City/County Stormwater Advisory Committee was recently appointed. The City Members appointed by the Mayor were Ms. Maybob Paye, Ms. Linda Lee Allan, Mr. Henry Player and Mr. Charlie Holt. Rev. Sandy Saunders will chair this committee. 7. Consideration of establishment of Bond Financing Team. Councilmember Bolton requested to abstain because of a conflict of interest. Councilmember Robertson moved to excuse Mr. Bolton from Item 7 as requested, seconded by Councilmember Blackwell and carried unanimously. City Manager Smith presented this Item with a recommendation to approve the current team. Councilmember McBryde moved to approve the current team as recommended, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Bolton abstaining. 8. Consideration of sale of Cape Fear-Yadkin Valley Depot. (Requesting to speak: Robert Shuller, Shuller-Ferris Associates) City Manager Smith stated that this Item was on the Agenda for the last Council Meeting but was requested to be postponed until tonight's meeting. This property was advertised for upset bids and none were received. Bill Hurley, President of the Olde Fayetteville Association, was recognized. He said that the Executive Committee voted 4 to 1 in favor of the sale of the Depot to Shuller and Ferris Associates with Horace Thompson voting against. The Olde Fayetteville Association supports and encourages professional offices moving into the downtown area and this project will ultimately bring in approximately 25 employees to a professional firm in our downtown. The 1979 CHNMB plan originally called for the Depot itself to be a Restaurant and then a Market Place would be created with stalls and vendors to sell their merchandise; the original plans called for offices to be in the upstairs and the restaurant in the lower part. The Cape Fear/Yadkin Valley Depot is listed on the National Registry of Historic Places and Shuller and Ferris Associates' proposal would be a way to preserve this National Historic Property until the time the community is ready to implement a project like the festive Market Place. They are recommending that Council sell the property to Shuller and Ferris Associates. Horace Thompson, past President of the Olde Fayetteville Association, said that he was speaking as a citizen who is and has been interested in the forward movement of the downtown. He stated that the City bought the Depot from Eastern Turf in 1982 or 1983 for approximately $250,000; approximately $150,000 came from the Special Tax District, dollars raised by the taxpayers in the downtown municipal service district on a tax imposed on themselves for development. Approximately $40,000 came from a community development fund for the relocation for Eastern Turf and our Senator at that time was able to pour state monies into the project. He continued that the City has been offered approximately 1/10 of what we have in it. Mr. Thompson said that even with the proposed renovation, it still would put it at approximately $50 per square foot which is about one-half of what it would cost to start over. He asked that Council not dispose this property until we've had a chance to have a consultant look at the CHNMB plan. Mr. Shuller was recognized and stated they needed a new building and wanted to be in the downtown. He said they saw a building that was rented and had not been renovated for 10 years. Their total desire was to contribute to downtown and not be detrimental to any plan. He said that a restaurant would bring more people downtown during mealtimes but they intend to have people there all day long with clients, salespeople and contractors coming in daily. Mr. Shuller said they established their purchase price based upon what they knew they would have to put in it and they are not affiliated with anyone else. They will support Council's decision. City Manager Smith referred to a rumor by opponents to this project that he has a conflict of interest. Mr. Smith said he hired Mr. Ferris's firm approximately one year ago to draw a $20,000 home improvement plan he has not built but paid Shuller and Ferris $1,800 which was the going rate. There was further discussion concerning original purchase price and funding. Councilmember Kendrick asked former Senator Tony Rand for additional information on state funding for this project. Mr. Rand explained that the pork barrel money referred to was appropriated to the City for this project because it was felt to be a very important project and would be of great benefit. There is a possibility for future assistance because Charlotte and Ashville are receiving money for current projects. Councilmember Blackwell asked Robin Legg, Executive Director for the Olde Fayetteville Association if their Executive Committee and others had met with Shuller and Ferris concerning this project. Ms. Legg said that she had had several conversations with Shuller and Ferris and the Executive Committee met with them once. Also there have been several telephone conversations since then. Mr. Blackwell inquired if the consultant, Robert Marvin, is still employed. She answered that he has completed his work here and they are pursuing another proposal from him this week and hope to raise funds to hire him very soon. Councilmember Ross asked Dr. Menno Pennink if he sees this as a losing deal. Dr. Pennink said he thinks we have the momentum going right now with 40 to 50 people or groups and the movement is there. He stated there might be some other buildings downtown available for Shuller and Ferris for their worthy project. He said there were few buildings downtown that lean itself to the concept of entertainment. Dr. Pennink requested that Council delay this process. Councilmember Cheek moved to approve the concept of this sale and authorized staff to negotiate a sales agreement with Shuller and Ferris firm with provisions of the six month reverter clause and to shorten the time in the agreement from 30 months to 12 to 18 months for construction to be under way. The motion was seconded by Councilmember Blackwell. Councilmember McBryde stated that he would have to vote against this motion because if we had begun renovations we could spend over $100,000 to buy back something we already own. He said if we are going to hire someone to come in and do another plan, we owe it to them to wait until they come up with their plan even if it takes another 12 months before the property is sold. Councilmember Bolton agreed with Councilmember McBryde. Councilmember Ross stated she would also vote against the motion because the only thing we could salvage from there would be the big pots (planters). Councilmember Kendrick offered a substitute motion to refer this matter to the Council Building, Grounds and Property Committee for more clarification and unity within the Council and to return their findings within 45 days. The motion was seconded by Councilmember Bolton. Councilmember Robertson stated he would have to vote against the motion to substitute a motion because the committee members have already spoken against the project. Councilmember McBryde stated that he would also vote against the substitute motion because he does not want to bring it back in 45 days. Councilmember Kendrick stated he asked Ms. Legg for the time span concerning the contract with consultant Robert Marvin in order to clarify his request for the 45 days. Councilmember Cheek stated that she would vote against substitute motion because she does not feel that having Mr. Marvin under contract within 45 days will help with this at all. Mayor Dawkins called for a vote on the substitute motion and it failed 4 to 5 with Councilmembers Blackwell, McBryde, Robertson, Massey and Cheek voting in opposition. Councilmember Cheek repeated the main motion to approve the concept of this sale and authorize staff to negotiate the time for construction to start between 12 months but no later than 18 months and to investigate the 6 month reverter clause and return to Council for action. The motion failed 4 to 5 with Councilmembers Ross, Massey, McBryde, Bolton and Torrey voting in opposition. 9. Consideration of sale of surplus EZ pack trailers. This Item was presented by Assistant City Manager Brown with the recommendation to approve the sale by adoption of the resolution. The sale would be to BFI Waste Industries in the amount of $12,000. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY RESOLUTION NO. R1994-80. Councilmember Blackwell 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 Resolutions Book R1994. 10. Consideration of electoral districts. City Manager Smith presented the resolution to adopt the revisions to the electoral district boundaries to correct the population imbalance as a result of annexations. The second resolution is to assign all of the annexations to the map. He recommended the adoption of the two resolutions. Councilmember Massey asked what is the concept of pre-clearance and Mr. Smith responded that it must be precleared before election. RESOLUTION ADOPTING REVISIONS TO THE ELECTORIAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF CORRECTING POPULATION IMBALANCES AMONG THE DISTRICTS AS THE RESULT OF ANNEXATION ORDINANCE NO. 93-6-367 THROUGH 94-6-401. RESOLUTION NO. R1994-81. RESOLUTION ASSIGNING ANNEXATIONS 90-2-324 THROUGH 94-6-401 TO DISTRICTS. RESOLUTION NO. R1994-82. Councilmember Bolton introduced the foregoing resolutions and moved their adoption, seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Ross in opposition. A copy of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1994. 11. APPOINTMENTS: A. Nominations to fill one vacancy on Human Relations Commission. Nominations for the vacancy of Mr. Alphonso McCoy to March 1996 were Dr. Hubert Doub and Ms. Bulah Mae Harris. At this time Councilmember Blackwell requested to be absent from the information meeting on August 22, 1994, because of a first night open house at the College Lakes Elementary School where he is the principal. Councilmember Bolton moved to excuse Councilmember Blackwell as requested, seconded by Councilmember Robertson and carried unanimously. 12. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of July, 1994, from the Cumberland County Tax Collector in the amount of $217,989,62. B. Report on funding sources for pools was furnished in the Agenda packet. C. Statement of settlement of current taxes for period July 1, 1993, through June 39, 1994, from Cumberland County Tax Collector. Charge: Charge 1993 16,499,398.37 Charge 1993 Vehicles 2,214,362.44 Added Charge 1993 575,402.91 Total Interest Collected 104,308.65 _____________ 19,393,472.37 Credits: Deposit with Finance 18,056,416.49 Interest Deposited with Finance 104,308.65 _____________ 18,160,725.14 Releases Allowed 486,999.57 Real & Personal Balance 745,747.66 Adjustment 0.00 _____________ 1,232,747.23 Charge: Real & Personal Balance 1992 520,022.28 Real & Personal Balance 1991 240,652.18 Real & Personal Balance 1990 & Prior 380,894.25 Barred By Statute 0.00 _____________ 1,141,568.71 Barred By Statute Barred By Statute 3,389.96 Credit for Five Year & Prior Insolvents 31,152.24 _________ 34,542.20 Credits: Real & Personal Collected 1992 266,897.57 Real & Personal Collected 1991 74,652.80 Real & Personal Collected 1990 & Prior 48,665.46 Releases allowed 1992 14,825.79 Releases allowed 1991 910.93 Releases allowed 1990 & Prior 6,195.58 Real & Personal Balance 1992 238,298.92 Real & Personal Balance 1991 165,088.45 Real & Personal Balance 1990 & Prior 291,491.01 Adjustment 0.00 ____________ 1,107,026.51 D. Report from Council Streets and Roads Committee Councilmember Kendrick asked City Engineer Walker to summarize staff findings regarding the study of drainage system in Wilmington Road area. Following his presentation Councilmember Kendrick moved to follow the four recommendations of the Committee and to look at this property within the next year to see what improvements have been made to the area and see what problems have been controlled. The recommendations are as follows: 1. The City provide a 6 foot fence along the ditch on the residential side of the ditch; 2. Environmental Services Department schedule maintenance of that ditch twice a year and possibly more; 3. City asked the Cumberland County Health Department to work with neighborhood residents to establish a rodent control program; and 4. The City take no action on the first three recommendations until the backyard ditches running into the large ditch and dug by residents be covered. The motion was seconded by Councilmember Blackwell. Councilmember Massey offered a substitute motion that the City pipe and cover the drainage ditch directly behind Sessom Street in the Wilmington Road area and the City asked the Cumberland County Health Department to work with our Environmental Services and residents of the area on a controlled program for reptiles and rodents. The motion was seconded by Councilmember Ross. City Manager Smith asked if this would be paid for 100 percent by the City or if it would be the normal policy of 50/50 participation with adjoining property owners. Councilmember Massey said he had no problem with the 50/50 because the property owners have invested in their homes and they would not mind continuing in that investment to be sure their children are safe. Mr. Massey stated he is not asking any more than what would be done in any other community in our fair City. Mayor Dawkins called for a vote on the substitute motion and it carried 5 to 4 with Councilmembers McBryde, Bolton, Kendrick and Torrey voting in opposition. Councilmember McBryde said that this would cost the property owners approximately $8,000 to $10,000 for their share and he feels this would be too much of a financial burden. Councilmember Massey stated that there is a possibility Habitat for Humanity might be able to absorb that and there are a variety of creative funding techniques that we can take a look at. Councilmember Torrey moved to consider closing all open ditches in the City by having staff do a study and return to Council for priorities. The motion was seconded by Councilmember Ross. Councilmember Cheek offered substitute motion for briefing from staff on status of ditches and what we need. The motion was seconded by Councilmember McBryde and carried unanimously. The next Item Councilmember Kendrick reported was concerning Councilmember Cheek's request for more discussion on sidewalks on Morganton Road. The Committee's recommendation was for a public hearing to be held in the neighborhood with notification through the newspaper and direct mail by the City Manager to the properties of both sides of Morganton Road in the Haymount area. Councilmember Blackwell moved that the Streets and Roads Committee recommend to the City Council the construction of a sidewalk from Virginia Avenue to Churchill Drive with the stipulation that the Committee conduct a Neighborhood Information meeting at a site yet to be determined. The motion was seconded by Councilmember Cheek and carried unanimously. At this time Councilmember Kendrick moved to adjourn with the evaluations as Item 13 to be continued to the next meeting. The motion was seconded by Councilmember McBryde and carried 5 to 4 at 11:05 p.m. with Councilmembers Blackwell, Robertson, Massey and Cheek voting in opposition. INFORMATION ITEMS: 1. Thank you note for flowers from Kim Robertson. 2. Transportation Advisory Committee - minutes of March 9, 1994, and agenda for meeting of August 3, 1994. 3. Traffic Operations report - Fargo Drive and Conover Drive. 4. Traffic Signal Investigation - Morganton Road and E. Lockhaven Drive. 5. Three Year Accident Study - Pamalee Drive (Helen Street to Murchison Road. 6. Update on sale of property to River Trace, Inc., approved on last agenda. 7. Appearance Commission - minutes of June 28, 1994. 8. Human Relations Commission - minutes of July 14, 1994. INFORMATION MEETING MINUTES AUGUST 22, 1994 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET AUGUST 22, 1994 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); and Mark Kendrick (District 6) Absent: J. Breeden Blackwell, (at-large) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer Frank Simpson, Inspection Superintendent Larry Williams, Police Department Meyers Colvin, Engineering Kai Nelson, Finance Director Janice Gerald, Community Development 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 Councilmember Robertson offered the Invocation followed by the Mayor leading in the Pledge of Allegiance to the American flag. RECOGNITION 1. APPROVAL OF AGENDA Councilmember Robertson moved to approve the Agenda, seconded by Councilmember Kendrick and carried unanimously. 2. DISCUSSION OF LANDSCAPE ORDINANCE Inspection Supervisor Frank Simpson gave an update on the landscape ordinance. He said they have notified existing properties that would be affected by this ordinance. The time limit is five years and will be up December 1996. There are 1,069 sites not in compliance and 880 that are. They have been notified by registered mail. The department is now working on the newly annexed area and they are getting feed back from people opposed to screening provisions in the ordinance. Mr. Simpson showed slides of some of the areas that have put up landscaping and some that have a problem with screening because of security and police patrolling. City Manager Smith recommended this be sent to the Appearance Commission for review. Crimes Prevention Specialist Larry Williams representing the Police Department and speaking for Chief Hansen and Sergeant Dalton support the Buildings Inspector's report and request modification because of officer safety, screening provisions and business security. Councilmember Kendrick moved to refer this landscape ordinance amendment to the Appearance Commission through staff and to hold a public hearing. The motion was seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember Blackwell absent. 3. Discussion of Bond Projects Schedule City Manager Smith referred to the working schedule in the Agenda Packet for the bond fund in the amount of $28 million this is to be issued for drainage, street improvement, paving and the new fire station. Mr. Smith has appointed a bond project management team consisting of Myers Colvin, representing the Engineering Department, Craig Hampton, representing the Purchasing and Contracting Department, and Kai Nelson, representing the Financing Department. This team will have full responsibility to manage the bond financing. Mr. Smith presented phase one through four of the bond projects subject to change. He said that year one will be mostly design. Councilmember Ross asked if the drainage problem in the Habitat Housing area would be included in the bond project and if it could be covered with community development funds. Mr. Smith responded that Council's action at the last meeting was to do the project on a 50/50 basis, so this would not be included in the bond project, but be a separate assessment with a public hearing before the assessment. He said that it can be paid for with community development funds if the people want it and qualify. 4. Presentation of N.C. Housing Finance Agency HOPE 3 Program This Item was presented by Community Development Director Janice Gerald. She had submitted information in the Agenda Packet stating what HOPE 3 is and guidelines on how the Housing Finance Agency and Low-Income Housing Development Corporation intends for that program to run. She said that funds are for purchasing of government foreclosures only. The applicants that qualify get assistance on the down payment by contacting Ms. Gerald or calling directly to Low-Income Housing Development Corporation in Charlotte at a toll-free number of 1-800-488-3316. The home buyer will make their own mortgage payment. 5. Discussion of Incidental Home Occupants City Attorney Cogswell presented the recommended amendments to this ordinance. He said their intent was to allow people to make their living within the definitions submitted and not allow it to become something that does not look like a house to start with. Mr. Cogswell reviewed the entire section of the ordinance with Council. His recommendation was to either think about this for another meeting or authorize staff to send it to the Planning Board. Councilmember Kendrick moved to send this amendment to the Planning Board, seconded by Councilmember Bolton. Councilmember Ross asked about the motorcycle club on the Orange Street Extension being able to exist there. Mr. Cogswell stated he had talked with the property owner and it does not seem to be a violation. He stated he had talked with a resident on the street and gave him every name and number for him to call for any particular type of violation. Mr. Cogswell said he is not aware that the problem had gotten worse. Mayor Dawkins asked Mr. Cogswell to check into this with the help of the Police Department. Councilmember Cheek offered a friendly amendment to Mr. Kendrick's motion to have the Planning Board study this and have well advertised, extensive public hearings. The amendment was accepted and approved 8 to 0 with Councilmember Blackwell absent. 6. Discussion of City Planning Department (Requested by Councilmember Ida Ross) Councilmember Ross wants the City to take a look at the zoning in the North Street area, along with Neville, May and George Streets, because of problems existing in those areas. Mayor Dawkins instructed the Inspection Department to check into these violations. There being no further business the meeting was adjourned at 9:05 p.m. upon motion and seconded. REGULAR MEETING MINUTES SEPTEMBER 6, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET SEPTEMBER 6, 1994 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 7:25 p.m.; Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. Brown, Jr., Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, City Traffic Engineer Frank Simpson, Inspections Superintendent Robert Barefoot, Parks and Recreation Director Steve Blanchard, PWC Manager 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 Reverend Lonny Sessoms, True Victory Deliverance Tabernacle offered the Invocation followed by the Mayor leading in the Pledge of Allegiance to the American flag. RECOGNITION Mayor Dawkins wished Councilmember Robertson a happy birthday. The Public Administration Class from Methodist College was recognized. At this time Councilmember McBryde moved to excuse Councilmember Bolton until his arrival, seconded by Councilmember Cheek and carried unanimously. 1. APPROVAL OF AGENDA City Attorney Cogswell requested to add as Item 15.D. a request for legal representation and he also asked for an executive session for litigation and selection of independent contractors. City Manager Smith reminded Council of Item 15.C. which was an addendum sent out on Friday. Councilmember McBryde moved to approve the Agenda with the additions, seconded by Councilmember Kendrick and 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. Councilmember Cheek requested to pull Item K. for discussion. Councilmember Blackwell moved to approve the consent agenda with the exception of K. The motion was seconded by Councilmember Massey and the following items were unanimously approved 8 to 0: A. Approve minutes of regular meeting of August 15, 1994. B. Approve Municipal Agreement between City of Fayetteville and N.C. DOT for landscape plantings on I-95/NC 53 interchange. RESOLUTION WHEREAS, the Department and the City of Fayetteville have agreed to the installation of certain landscape plantings located at the I-95/NC-53 interchange in Fayetteville; and, WHEREAS, the Department and the City of Fayetteville agreed that the Department shall be responsible for the preparation of the landscape plans and specifications, letting the contract, and maintaining the landscaped area for a warranty period of two (2) years; and, WHEREAS, the City of Fayetteville shall reimburse the Department a lump-sum amount of $50,000 for work performed by the Department; and, at no expense to the Department, has agreed to assume all maintenance of the landscape materials upon conclusion of the two (2) year warranty period. NOW, THEREFORE, BE IT RESOLVED that said project in Cumberland County is hereby formally approved by the City Council of the Municipality of Fayetteville that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. C. Approve award of contract for purchase of one padfoot remote roller to Southland Rental & Supply, low bidder in the amount of $20,105.38. (PWC) Bids received were as follows: Southland Rental (Fayetteville, NC) $20,105.38 Mercer Equipment (Charlotte, NC) $25,900.00 Mercer Equipment - Alternate bid $20,650.00 ASC Equipment Co. (Fayetteville, NC) $22,895.00 D. Approve award of contract for purchase of additional wood poles to Thomasson Lumber and North Pacific Lumber. (PWC) The two lowest responsible bidders are as follows: Pole Thomasson North Pacific 60', Class 1 $ 501.00 $ 504.50 65', Class 1 $ 809.00 $ 896.95 70', Class 1 $ 1,028.00 $ 1,275.00 75', Class 1 $ 1,283.00 $ 1,500.00 80', Class 0 $ 1,532.00 $ 1,700.00 85', Class 0 $ 1,750.00 $ 2,200.00 90', Class 0 $ 2,250.00 $ 2,990.00 95', Class 0 $ 2,500.00 $ 3,526.00 E. Approve award of contract for purchase of two 20/26/33 MVA, 67kV power transformers to Power Supply, Inc in the amount of $698,000.00. (PWC) F. Approve the following Finance matters: 1. Adopt resolution requesting the Local Government Commission to approve the financing team in connection with the issuance of various tax exempt financings. RESOLUTION REQUESTING THE LOCAL GOVERNMENT COMMISSION TO APPROVE THE FINANCING TEAM IN CONNECTION WITH THE ISSUANCE OF VARIOUS TAX-EXEMPT FINANCINGS. RESOLUTION NO. R1994-83. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1994. 2. Adopt Capital Project Ordinance Number 95-1 (Airport Improvements) in the amount of $43,725. 3. Adopt Capital Project Ordinance Amendment Number 95-3 (Amtrak Station) listed as $383,700.00; Amendment $7,598.00 for miscellaneous reimbursements - Amtrak; and revised $391,298.00. 4. Adopt Special Revenue Project Ordinance Amendment Number 95-1 (Federal Forfeiture) listed as $301,007.00; Amendment $28,997.00; and revised $330,004.00. 5. Adopt Special Revenue Project Ordinance Amendment Number 95-2 (Repeat Offender)listed as $90,394.00; Amendment $58,516.00; and revised $148,910.00. G. Approve purchase of property near Fayetteville Regional Airport total estimated cost of $43,723.62 from Mr. and Mrs. Hill. Costs associated with this purchase are estimated below: Property purchase $39,500.00 Taxes 1994 & 1995 ($361.81) 723.62 Relocation and moving expenses 2,000.00 Legal fees and miscellaneous expenses 1,500.00 Total estimated cost $43,723.62 H. Set public hearing for September 19, 1994, to consider an application by Gloria J. Leon 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 1918 Center Street and being the property of Gloria J. Leon. (P94-125) I. Approve the initial zoning to PND Planned Neighborhood District or to a more restrictive zoning classification for an area located on the east side of Rosehill Road, south of McArthur Road. Being all of Annexation No. 94-6-399, "College Lakes Park" and being annexed by the City of Fayetteville effective June 30, 1994. (P94-128) J. Approve the initial zoning to R5A Residential District or to a more restrictive zoning classification for an area located west of Murchison Road, north of Pamalee Drive (U.S. 401 Bypass). Being all of Annexation No. 94-6-400 and being annexed by the City of Fayetteville effective June 30, 1994)(P94-129) K. (Pulled for Discussion) L. Approve transfer of Fayetteville Redevelopment Commission property to the City of Fayetteville. M. Set public hearing for September 19, 1994, to consider removal of 3-way stop at Westchester Drive. N. Set public hearing for September 19, 1994, to consider request for No Parking Zone along Oliver Street. O. Adopt resolution approving an application to the Governors Highway Safety Program. LOCAL GOVERNMENT RESOLUTION, RESOLUTION NO. R1994-84 A copy of the foregoing Resolution is on file in the Clerk's office in Resolution's Book R1994. 2.K Approve the initial zoning to PND Planned Neighborhood District and R6 Residential District or to a more restrictive zoning classification for an area located generally east of Arcadia Court about 1500 feet and to the east bank of the Cape Fear River, thence southwardly approximately 2.43 miles to Clarks' Park. Being all of Annexation No. 94-6-401 and being annexed by the City of Fayetteville effective June 30, 1994. (P94-130) Councilmember Cheek said she had a question concerning the map in the Agenda Packet across from Item 2.K. The map shows, that the request is contiguous to R5A but is also contiguous to a lot of R10 and R6, therefore, she wanted to know more about the planning report for this. Mr. Mitchell responded that the land was already zoned R5A under county provisions and Council policy is to zone annexed property the same. The map Councilmember Cheek questioned is for Item 2.J. Councilmember Cheek said that since 2.J. has been approved, she moved to approve the initial zoning for Item 2.K., seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Bolton absent. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and non-public hearings. 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 324 and 326 "B" Street and being the property of Hosea M. Ray. (P94-91). Assistant Planning Director Mitchell presented this Item with the Planning Board's recommendation for approval of the rezoning and the planning staff's recommendation for denial because the 1972 Land Use and Eastern Boulevard Land Use plans call for medium density residential uses at this location. The 2010 Land Use plan calls for commercial uses at this location. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:19 p.m. and speaking in favor was Hosea M. Ray, 703 Kooler Circle. He said he is a life-long resident of Fayetteville and his mother resides next door to this site. He cleaned up the lot and wants to open a fencing business employing 6 to 12 persons. Mr. Ray said he feels it would enhance the neighborhood security and bring more tax money into the county. He presented a petition signed by the area residents including the deacon and secretary of the nearby church. Mr. Ray asked for approval of the C3 rezoning. Councilmember Bolton arrived at 7:25 p.m. during Mr. Ray's presentation. Councilmember Ross asked what the Minister of the nearby church had to say. Mr. Ray said the Minister resides in South Carolina and he believes the deacon and church members make most of the decisions for the church. Councilmember McBryde moved to approve the rezoning as requested, seconded by Councilmember Robertson. Councilmember Cheek said she could not support this rezoning because of the planning for this area not being C3. Councilmember Kendrick established that the 2010 Plan could change from C3 recommendation before its final adoption. He requested an update of the 2010 Plan as soon as possible. Mayor Dawkins called for the vote on the motion and it carried 6 to 3 with Councilmembers Kendrick, Cheek and Ross in opposition. B. Consideration of adoption of resolution closing a portion of Lamon Street. City Manager Smith stated that the City owns the property on both sides of the street and it dead ends on City property. Parks and Recreation Department needs to utilize the 100 foot right-of-way for the cemetery. He said the City would continue to maintain it as an access to the cemetery and to the other end of the street which is the fueling facility for City vehicles. This is the advertised public hearing. The public hearing was opened at 7:37 p.m. and there being none to be heard for or against this matter the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF LAMON STREET, RESOLUTION NO. R1994-84. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Blackwell and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1994. 4. Report from Planning Board on the zoning of Eastwood Avenue area. Assistant Planning Director Mitchell presented the study of the potentials of rezoning a large area in the Eastwood Avenue Area from R6 Residential District to R10 Residential District at Council's request. The complete study was included in the Agenda Packet. Councilmember McBryde moved to accept the report, seconded by Councilmember Bolton. Councilmember Cheek offered a friendly amendment that we request the Planning Board to provide us with some projections of estimated traffic and population and density at the R6 zoning and at R10 zoning for this area that has not been subdivided yet. She said this is to see if the neighborhood facilities and streets, etc. can handle it comfortably. Councilmember McBryde said he would accept the traffic part of the amendment (traffic count) and how many potential units can be developed on the property in R6 and R10 zones. Mayor Dawkins called for a vote and it was unanimous. 5. Consideration of request from Olde Fayetteville Association to review traffic patterns on Robeson Street. City Manager Smith presented Olde Fayetteville Association's request to change the traffic situation on Robeson Street between Bragg Boulevard and Rankin Street from one-way to two-way traffic. He recommended Council authorizes City staff to initiate a review. Mr. Smith said it would have to be done jointly with NCDOT and that all streets leading from Robeson Street would be included. Councilmember Bolton moved to approve the recommendation, seconded by Councilmember Kendrick and carried unanimously. 6. Report on Lafayette Hotel project. (Appearing: Robin Legg, Olde Fayetteville Association) Robin Legg, Executive Director of the Olde Fayetteville Association, briefed Council on their proposed project for a Customer Service Center at the Lafayette Hotel. She said they have met with all the utilities such as electric, water, cablevision, telephone and gas. This would be a unique situation, it would save a historic building that covers over one and a half block in downtown, it is a private/public project and will bring thousands of people to the downtown area during the month. Discussion: Councilmember Blackwell said he felt very strongly that PWC should build downtown instead of off Highway 301. Councilmember Ross approved of the project because it will preserve history and benefit the people. Councilmember Massey was concerned with responses from the other utilities. Ms. Legg said that Carolina Telephone Company was most excited about the project. She said that the NC Natural Gas is committed to a new building two blocks away already, but would support the project by having payments made there. She said none of the utilities have made official commitments but each company was very pleased and interested. Councilmember Cheek said this has never been done before and is a people place. This project would be our ultimate goal of bringing people downtown and she feels other businesses might follow. Councilmember Kendrick wondered just how much traffic would be generated in the downtown if only the PWC located in this building. Mr. Smith responded that he does not have all the specifics on this project at this time and is not recommending action tonight. He said he had asked Ms. Legg to make this report tonight to let Council know where we are at this point and if Council wants them to continue. He said that PWC would be the primary utility for their customer service in the building and the other utilities would negotiate with PWC and determine what their presence would be. Councilmember Robertson asked if PWC would lease the building or own it. Ms. Legg said that Mr. Stephen Wiel is in the process of purchasing the hotel building from Northwood Temple and PWC would lease from Mr. Wiel. She said that PWC has 80,000 customers and approximately 50 percent make their payments in person. Council took no action. 7. Consideration of offer of trade from D.R. Allen & Son, Inc. City Manager Smith stated that the tax value of the smaller piece of property is more and the City will need the other property later. This exchange will prevent having to pay a higher price later, because the value would go up and the City will need part of this property for the relocation of the train switching from downtown. Councilmember Robertson moved to authorize advertisement of the exchange of property as requested, seconded by Councilmember Bolton and carried unanimously. 8. Consideration of approval of Interlocal Agreement between City of Fayetteville and Cumberland County for Community Development Staff Services for the Eufaula Street Relocation Project. This item was presented in the Agenda Packet. Councilmember Kendrick moved to approve the Interlocal Agreement as recommended, seconded by Councilmember Ross and carried unanimously. 9. Consideration of adoption of ordinance amending Section 21A-8, "Animals Running At Large". Parks and Recreation Director Barefoot presented this Item and stated that the Ordinance amendment is to allow the Director to regulate animals at functions where they would be detrimental to the safety and welfare of the citizens. AN ORDINANCE AMENDING SECTION 21A-8. ANIMALS RUNNING AT LARGE. ORDINANCE NO. S1994-11. Councilmember McBryde introduced the foregoing Ordinance and moved its adoption, seconded by Councilmember Bolton. Councilmember Kendrick offered a friendly amendment to add that handicapped animals be exempt. The amendment was accepted and the vote was unanimous. A copy of the foregoing Ordinance is on file in the Clerk's office in Ordinance Book S1994. 10. Consideration of award of construction contract for Bond Project (Murchison Road Sidewalk) to Nortec Construction Services, Inc., lowest responsible bidder in the amount of $152,710.00. Bids received were as follows: Nortec Constr. Services, Inc. (Fayetteville, NC) $152,710.00 Site Group (Florence, SC) $243,000.00 Triangle Paving Inc. (Burlington, NC) $274,700.00 City Manager Smith said this is the first contract award of the 1994 Bond Project and it is under estimate. He recommends award of the contract. Councilmember Bolton moved to follow the recommendation to award the contract, seconded by Councilmember Kendrick and carried unanimously. 11. Consideration of adoption of the following ordinance changes: A. Adoption of ordinance amending Sections 20-21 and 20-34(c) creating a new Schedule 19, "Light Truck Traffic". B. Adoption of ordinance designating Camden Road as a Light Traffic Road. City Engineer Walker presented this Item and stated that the intent of the Ordinance is to prevent the damage that was incurred on Camden Road in 1990 during the construction on the CBD Loop. He said that we had to completely resurface that road after only 10 years instead of the normal 20 year period. He said this allows Traffic Services Department to put up weight limitation signs and the Police Department to enforce. AN ORDINANCE AMENDING CHAPTER 20, "MOTOR VEHICLES AND TRAFFIC" (TRAFFIC SCHEDULES) ORDINANCE NO. S1994-12. AN ORDINANCE AMENDING SECTION 20/21, MOTOR VEHICLES AND TRAFFIC SCHEDULE NO. 19-LIGHT TRUCK TRAFFIC (CAMDEN ROAD) ORDINANCE NO. NS1994-28. Councilmember Kendrick introduced the foregoing Ordinances and moved their adoption, seconded by Councilmember Robertson and carried unanimously. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book S1994 and NS1944. 12. Consideration of the sale of a portion of the Radisson Prince Charles Hotel Parking Lot in the amount of $5,000.00. City Manager Smith gave a background on this property and recommended adoption of the resolution approving the sale. This parking lot is designated for the Prince Charles Hotel patrons only and the Prince Charles Management Corporation wants to put up a fence for safety of their customers. By this sale, they would also be accepting responsibility for the maintenance. He said that the original request was for permission to put up a fence but he suggested they purchase. Councilmember Robertson said he was opposed to selling City property that the City spent $200,000 on less than five years ago. He said also that it would remain City property no matter what the Hotel facility might be used for in the far distant future. RESOLUTION AUTHORIZING THE SALE OF CITY OWNED PROPERTY TO THE PRINCE CHARLES MANAGEMENT CORPORATION (PCMC, INC.) RESOLUTION NO. R1994-85. Councilmember Ross introduced the foregoing resolution and moved its adoption, seconded by Councilmember Massey and carried 8 to 1 with Councilmember Robertson voting in opposition. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1994. 13. Consideration of designation of Voting and Alternate Voting Delegates to Annual Congress of Cities, Minneapolis, Minnesota. Councilmember Ross nominated Councilmember Torrey as the voting representative and Councilmember Cheek nominated the Mayor for alternate. The vote was unanimous. 14. Consideration of revisions to fee schedule for commercial rollout collection. Deputy City Manager Stancil presented this item. He said that the proposed increase in fees would be to cover our costs of disposal at the county landfill for those sanitation customers who are not covered by the county's charge on the tax bill. The recommendation was to increase the residential fee from $29.00 to $43.00 and the recommendation for the commercial rollout cart rate of $50.00 would remain in effect for Fiscal Year 94/95 to allow the City to recover its costs and maintain sufficient economic incentives for the customers to convert to other types of collection and disposal. Councilmember McBryde moved to approve the revisions to the fee schedule as recommended, seconded by Councilmember Torrey and carried unanimously. 15. APPOINTMENTS: A. Election of nominee to Human Relations Commission. Councilmember Massey withdrew his nomination of Hubert R. Doub to be placed as a nomination at a later date. Councilmember Kendrick moved to elect Ms. Beulah Mae Harris by acclamation seconded by Councilmember McBryde and carried unanimously. B. Nominations to fill three vacancies on Joint Senior Citizens Advisory Commission. Councilmember Ross nominated Reverend William Marable and Councilmember Massey nominated Mary Dillon for a second term. C. Appointed representatives to a special committee to meet with representatives of the Arts Committee to develop a plan for the funding of the arts. City Manager Smith said that this item came up at a previous City/County Liaison Committee meeting and it was the consensus that the Mayor appoint two people to this committee. Councilmember Kendrick moved to have Mayor Dawkins appoint two representatives to serve on this committee, seconded by Councilmember Bolton and carried unanimously. Councilmember Blackwell asked Mr. Smith to have the outside agencies show what efforts they have made to obtain other funding by March, when the budgeting process begins. Following some discussion Mayor Dawkins requested this item be placed on an Agenda. 16. Request for legal representation. City Attorney Cogswell requested Council hold an executive session for purposes of litigation and the appointment of independent contractors. Councilmember Ross moved for executive session for litigation, employment of independent contractors and to include Item 17., personnel matter. The motion was seconded by Councilmember Bolton and carried 8 to 1 with Councilmember McBryde in opposition at 9:25 p.m. Council entered into regular session at 11:02 p.m. upon motion and second. City Attorney Cogswell spoke concerning the lawsuit filed by Ronald L. Kelly, Sr. against several defendants. He said that all the defendants had made a request for representation and he found they all acted in the scope of their employment and are entitled to that representation. In the case of Mr. Bencheck, he has requested to be represented by Jim Nance, Jr. and in the case of Eugene R. Chandler, he has requested to be represented by Rudolph Singleton. Both attorneys' fees are $125.00 per hour. In the case of officers Flannery, Bryant and Chief Hansen and the City, the request is to be represented by Carl Milazzo. Councilmember Bolton moved to approve the two attorneys at $125.00 per hour and Carl Milazzo as requested, seconded by Councilmember Cheek and carried unanimously. At this time, Mayor Dawkins presented item 17 to be heard before item 16: 17. Evaluations Councilmember Bolton moved for a salary adjustment to the City Manager to $90,000.00 and the salary adjustment to the City Attorney to $77,145.00 effective the first pay period in October. The motion was seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Robertson in opposition. 18. ADMINISTRATIVE REPORTS: A. Report on status of Olde Fayetteville Investments Property. Inspections Superintendent Simpson said that his report in the packet covered the progress report. Councilmember Blackwell asked Bill Hester to respond to the progress report from Mr. Simpson. Mr. Hester said he did not have a copy of the report, so Mr. Simpson furnished him a copy. Mr. Hester reported from the list as follows: 1. Install water and sewer main to rear of property (701 Hay Street) - In talking with PWC, they determined the best issue would be to go with a sewer main. They contracted with the Engineer Consultant and the drawings were later than they expected. The drawings have been submitted to PWC and have been approved with some changes. Billy Bill Grading has been contracted and is waiting for letter of permission from PWC for him to go onto their easement. Everyone is on standby and the contractor assured them he can do the work in approximately two days. 2. Complete plumbing (701-B Hay Street) - The only thing left to do there is the tie-in of the water and sewer line. Work has been done to broken pipes but main line has not been put underneath the house because the sewer has not been done. The same contractor will coordinate this with them and will be approximately a one-half day job. 3. Sleeping porch attached (701-A Hay Street) - This was attached on August 30, 1994. 4. Building exterior steps (701-B Hay Street) - The front steps have been completed. The footing for the rear entrance steps have been poured. This construction will be a 2-3 day process. 5. Install windows (701-A Hay Street) - All but three windows have been installed. Three windows were damaged beyond their ability to repair and are being rebuilt. They are trying to make them energy efficient at the same time, but can put that procedure off if that becomes an issue. 6. Obtain certificate of occupancy (701-B Hay Street) - Basically, everything is completed with the exception of the rear steps and having a final electrical inspection. The gas meter location has not been finalized for inspection and the final inspection on the pluming will be done upon completion of the plumbing. Mr. Hester said a few of the hurdles for completion have been beyond their control. Mr. Blackwell asked Mr. Hester how he is going to respond to the citation of civil penalty. Mr. Hester said they have moved their track loader into the 200 block of Hay Street and moved the material that was up against the gentleman's building. He said a man was coming tomorrow to load his dumpsters and haul debris off. The alleyway has been blocked with someone's temporary utility pole and they have been working with them for five days to get that moved so they can get equipment in. Mr. Blackwell asked Mr. Hester if he thought Council had been fair with them and Mr. Hester responded that Council had been more than fair. Councilmember Ross said she had received a letter from the Payne-Webber Company saying they are really proud of this young couple and the work they are doing to support the city and the revitalization. She said they would keep in touch with the progress and efforts of the Hesters. Councilmember Cheek requested a schedule of what has been accomplished as well as what still needs to be. She said the Hesters are experiencing some of the same frustrations that the private sector have as well as City and feels they are making an effort. She stated she is satisfied for tonight. Councilmember Bolton said he is not satisfied and feels that Mr. Hester has not been keeping in communication with Mr. Simpson. He said Mr. Hester wrote the terms of the contract and he violated them for whatever reason. Mr. Bolton said he wants to see action. Councilmember McBryde said he expects to see everything that is to be done by September 30, 1994, to be done in addition to what is not done on the list tonight or to have an excuse from Mr. Simpson instead of Mr. Hester. Mr. McBryde said if this is not done, he will be ready to condemn everything. Councilmember Massey asked Mr. Hester if there were any other things which he thinks might impede the progress of this particular project. Mr. Hester said there were none that he could see unless there would be some concern about the sleeping porch because it took many hours to get that fully connected. Mr. Massey said that each time a deadline is not met it puts additional pressure on this Council and he hopes Council will be as considerate on other issues as we are being now. At this time, Councilmember Cheek referred to the information item 2 concerning the cost of mailing extra Planning notices and it would be a lot of extra work. She said she did not remember this being required to be done and would like to be able to discuss this before this is done. Ms. Cheek also referred to information item 10 concerning the Appearance Commission. She said it would be good for them to discuss concept designs with the Police Station before it is 95% designed and if the staff is not willing to request that the architect start meeting with them to talk about that, then it be put on the next agenda for Council to discuss. Ms. Cheek said she is missing page 14 of the Planning Board minutes of July 19, 1994. There being no further business, the meeting was adjourned at 11:30 p.m. upon motion and second. REGULAR MEETING MINUTES SEPTEMBER 19, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET SEPTEMBER 19, 1994 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); and Mark Kendrick (District 6) Absent: Tommy Bolton (District 1) Others Present: Roger L. Stancil, Deputy City Manager Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Pete Piner, Fire Chief Mike Walker, City Engineer Louis Chalmers, City Traffic Engineer Robert Barefoot, Parks and Recreation 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 Reverend Richard Edwards, Carroll Memorial Baptist Church, offered the Invocation followed by the Mayor leading in the Pledge of Allegiance to the American flag. Mayor Dawkins said that our prayers and thoughts are with our men and women in Haiti at this time. RECOGNITION Miss Fayetteville 1995, Dena Briggs was presented long-stem red roses by the Mayor. At this time Mayor Dawkins said that Councilmember Bolton had contacted him that he would be unable to attend tonight's meeting due to illness. Councilmember Robertson moved to excuse Councilmember Bolton from tonight's meeting, seconded by Councilmember Blackwell and carried unanimously. Mayor Dawkins stated that City Manager Smith was attending the International City Managers Meeting tonight and accepting a 25-year Certificate for being in public management. Assistant City Manager Ben Brown accompanied Mr. Smith. Mayor Dawkins said that the granite City Seal has been placed under the Market House and the bricks are being placed. The Market House outside restoration should be complete by September 29, 1994. 1. APPROVAL OF AGENDA Councilmember Ross moved to approve the Agenda as submitted, seconded by Councilmember Robertson and 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. Councilmember Kendrick requested to pull item B. for clarification. Councilmember Robertson moved to approve the consent Agenda item A. The motion was seconded by Councilmember Massey and the following items were unanimously approved 8 to 0 with Councilmember Bolton absent: A. Approve minutes of regular meeting of August 22, 1994. B. Set public hearing for October 3, 1994, to consider request for speed limit reduction on Anson Drive from Chesapeake Road to its end, Carteret Place from Chesapeake Road to its end, Chesapeake Road from McArthur Road to its end, Chesapeake Place from Chesapeake Road to its end, Hidden Valley Drive from Chesapeake Road to Landmark, Hidden Valley Place from Hidden Valley Drive to its end, Landmark Drive from Waterbury Drive to its end and Waterbury Place from Waterbury Drive to the end. Councilmember Kendrick said that Waterbury Place is not included on this list and asked Traffic Services Director Chalmers to clarify this. Mr. Chalmers responded that Waterbury Place should be included on the list of streets for the speed reduction. Councilmember Kendrick moved to set the public hearing as recommended with the addition of Waterbury Place, seconded by Councilmember Torrey and carried unanimously 8 to 0 with Councilmember Bolton absent. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and non-public hearings. A. Consideration of the rezoning from PND Planned Neighborhood District to R5A Residential District or to a more restrictive zoning classification for an area located on the north side of Morganton Road (SR 1404), west of Bonanza Drive (SR 1408). Containing 41.8 acres more or less and being the property of Aileen Bowles Owen Heirs as evidenced by map and legal description on file with the Planning Department. (P94-86) Assistant Planning Director Al Mitchell presented this item. He said that the planning staff recommends approval of the requested rezoning to R5A Residential District, based on their findings that the site meets the location and intent criteria for medium density residential development and R5A Residential District is a medium density residential development zoning district. The Planning Board approved the request for rezoning by vote of 8 to 4. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:23 p.m. and speaking in favor was Dick Lewis, 330 Dick Street, who introduced some of the owners present. He presented an information booklet to Council and reviewed it. Mr. Lewis concluded by saying they meet all the criteria for that area and the entire 41 acres does not abut one other single family property. He respectfully asked Council to follow the recommendation of the planning staff and Planning Board to approve this rezoning request. Speaking in opposition was Mr. Donald G. Talbot, 7135 Evanston Street, representing Devonwood Homeowner's Association. He said that this request has been denied by the Cumberland County Commissioners three separate times. He said the home owners in the area are opposed to the rezoning because it allows multi-family development and takes away from the intentions of the PND zoning to allow for open space. He continued that the developers have already packed the area with condominiums and apartment units and the schools in the area are already overcrowded. He asked those in the audience that were there in opposition to stand and there were approximately forty people. Mr. Talbot presented the results of a 1993 traffic count for that area. Clinton Harris, 4713 Watauga Road appeared in opposition speaking for the NAACP. Their concerns were for the overcrowding of the schools of this area if rezoned. Also speaking in opposition with concerns for the quality of life, increase in crime, the overcrowding of schools and increased taxes were James P. Burgio, 314 Reed Court, Earl Urguert, 410 Georgetown Circle and David G. Wilson, 6326 Morganton Road. The public hearing was closed at 7:55 p.m. Councilmember Cheek moved to deny the rezoning request, seconded by Councilmember Massey. Mayor Dawkins confirmed through Mr. Mitchell that this would be an R10 Residential District, due to the acreage should the motion pass. Mayor Dawkins called for a vote and the motion carried unanimously 8 to 0 with Councilmember Bolton absent. B. Consideration of an application by William Jordan for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-23 (4A) to allow grounds and facilities for a soccer field complex in a PND Planned Neighborhood District and P2 Professional District for an area located at the east end of Treetop Drive, east of Ramsey Street (U.S. HWY 401 North) and being a portion of the property of Methodist College, Incorporated. (P94-120) Assistant Planning Director Mitchell presented this item with the Planning Board's recommendation for approval with the findings that the proposed Special Use Permit will fit in with the character of the area and will not be detrimental to the surrounding area; and the planning staff conditions that a controlled second vehicular access to the special use permitted site would be provided and that the City Engineering Department must approve any drainage plans required for the property. This is the advertised public hearing for this date and hour. Councilmember Robertson moved to approve Councilmember Cheek's request to abstain on this item. The motion was seconded by Councilmember Ross and carried unanimously 7 to 0. The public hearing was opened at 8:10 p.m. and Mr. Wade E. Byrd, 1414 Raeford Road, representing the Greater Fayetteville Youth Soccer Association was sworn in by the City Clerk. Mr. Byrd said their intent was to remove the tax liability from the City. He said the Association has leased this land from Methodist College for 25 years for $1 per year and is a charitable organization. The playing fields will provide for traveling soccer teams, city and county schools and city and county recreation departments. This would be a first class soccer field. He said they plan to provide a fund for the less fortunate children who cannot afford the expenses it takes for the traveling teams. There is a golf course and athletic facility with athletic events there already so that the character of the land will not be affected at all. Mr. Byrd said they have collected over $1 million of the $1.4 million total from fund raisers to build these fields. They were concerned at first about the Planning Board's request for a controlled access, but now believe their desire was to maintain the same control that is at the access road to Methodist College now. Mr. Byrd said this effort is for every child in Cumberland County. Councilmember Kendrick moved to approve the Special Use Permit with the finding that it will fit in with the character of the area and not be detrimental to the surrounding area; and the conditions that a controlled second vehicular access to the special use permitted site be provided and that the City Engineering Department must approve any drainage plans required for the property. The motion was seconded by Councilmember Blackwell and carried unanimously 7 to 0 with Councilmember Cheek abstaining and Councilmember Bolton absent. C. Consideration of an application by Anastasio C. Giarcoman for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-32 (1) and Section 32-30 (14), to allow the manufacturing of various utility trailers for an area located at 924 Ramsey Street and being the property of Carlton and Susan Conner. (P94-121) Assistant Planning Director Mitchell presented this item. He said that the Planning Board recommends approval with the findings that the proposed Special Use Permit will fit in with the character of the area and not be detrimental to the surrounding area. They also stipulated that there is to be no objectionable noise, smoke or odor from the property; that it will not interfere with pedestrian or vehicular access; and that it will comply with the fire code. Councilmember Kendrick asked if the property in question abutted residential property and Mr. Mitchell said it did not. Councilmember Ross referred to a comment in the Agenda Packet concerning revitalization of Ramsey Street and asked Mr. Mitchell what his meaning was. Mr. Mitchell responded that he did not make that statement and it must have been by someone appearing at the Planning Board public hearing. Ms. Ross said she is concerned with so much industry going into her District because it will soon be the situation where the people would not be able to rebuild their homes if over 50 percent of it burned. Councilmember Massey asked how many people would be employed by this venture. Mr. Mitchell said that the applicant is here to testify to that and the application shows hours of operation would be Monday through Saturday from 8 a.m. to 6 p.m. It was also clarified that the lot immediately behind the applicant's lot is zoned C3 Heavy Commercial with R5 Residential District beyond that. Mr. Massey asked if the people had been notified of this matter and Mr. Mitchell said approximately 216 notices have been sent in addition to the ad in the paper. The public hearing was opened at 8:31 p.m. The City Clerk swore in Justin Spradlin, Spring Lake, business partner of the applicant. He gave a description of their business which will be to assemble utility trailers. He said they hope to revitalize that area by cleaning up the property which has a vacant building. They also hope to bring in customers for the other businesses in that area. Mr. Spradlin said they would comply with all rules set before them. Carlton Connor, Sanford, North Carolina, was sworn in. He said that the building and property is ideal for what the petitioner plans to do there. Mr. Connor said that he operated a motorcycle shop there for seven years and this business will make a lot less noise than his business did. The Clerk swore in Robert C. Williams, 2713 Rosehill Road. He said he was speaking for the environmental concerns as it relates to noise emerging from that business. Mr. Williams said that Mr. Mitchell had clarified some things for him and he is requesting Council to take necessary steps to minimize any adverse impacts that this manufacturing process will have on the surrounding area. Mr. Williams also requested Council to stipulate that webbing will be used in the chain-link fence and consider a time limitation on this Special Use Permit so that it can come up for a review. There being none further to be heard on this matter the public hearing was closed at 8:38 p.m. Councilmember Ross stated she was concerned for the quality of life for the citizens in that area and she would not want to live under these circumstances. Mayor Dawkins clarified that this property is zoned C3 Heavy Commercial at this time. Councilmember Cheek asked Mr. Mitchell what the regulations for outside storage in C3 Heavy Commercial District is, if a proviso could be placed stating that the business must be conducted inside the building, and if additional screening on the side of the residential area could be a condition of the Special Use Permit. Mr. Mitchell responded that outside storage is allowed and they do have to provide landscaping. He said the condition could be added requiring them to conduct the business inside, with the exception of the storage, and the addition of the screening. Dr. Cheek joined Ms. Ross in being uncomfortable with this manufacturing business at this location. Councilmember Massey asked Mr. Spradlin to clarify the type of trailers and work to be done there. Mr. Spradlin said they would be putting prefab trailers and car-haulers for sale at this location. There will be a small amount of welding and some steel cutting for custom ramps and painting. It is a small operation with four employees. Mr. Massey also asked Mr. Spradlin if he would have a problem with putting slats in the fence. Mr. Spradlin said they had already acquired prices to do this if Council so ordered, in addition to planting bushes to hide the steel to be stored outside the building. Councilmember Torrey was concerned about the transfer trucks blocking driveways on Mary Street during their deliveries. Mr. Spradlin said that the relatively small trucks should be able to pull into the property. Councilmember Blackwell asked Mr. Spradlin if they are willing to meet all the requests made tonight and how he would compare the noise, exhaust and paint level to the motorcycle shop that was there previously. He also asked Mr. Spradlin if he would have an exhaust unit to handle the paint fumes. Mr. Spradlin said they have no problem meeting all the restrictions and the noise would be less than the motorcycle shop because they would only have a small steel cutter that would be located inside. He said they would have an exhaust for the paint fumes. Councilmember Robertson moved to approve the Special Use Permit with the findings and conditions as stated by the Planning Board. The motion was seconded by Councilmember McBryde. City Attorney Cogswell informed Council that a future review of the Special Use Permit cannot be a condition. Councilmember Massey offered a friendly amendment to include slats placed in the entire chain-link fence and Councilmember Torrey requested an amendment for a hedge row to be placed on the east side of the property outside of the fence. Both amendments were accepted and Mayor Dawkins called for a vote on the motion to approve with the findings and conditions of the Planning Board and the two additional conditions by Council. The vote was 6 to 2 with Councilmembers Ross and Cheek in opposition and Councilmember Bolton absent. D. Consideration of an application by Gloria J. Leon 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 1918 Center Street and being the property of Gloria J. Leon. (P94-125) Assistant Planning Director Mitchell presented this item with a recommendation of the Planning Board for approval of the Special Use Permit with the findings that the use is not detrimental to the surrounding neighborhood and that it fits in with the character of the area. Also the conditions that any drainage plans must be approved by the City Engineering Department and the site plan be revised to show that exiting from the day care center will be by forward motion. Mr. Mitchell said they had already revised the plan to provide space to back up, turn around and exit by forward motion. This is the advertised public hearing for this date and hour. The public hearing was opened at 8:57 p.m. and there being none to speak in favor or opposition the public hearing was closed. Councilmember Blackwell requested to ask Ms. Leon questions. The City Clerk administered the oath to Gloria J. Leon and Mr. Blackwell asked if she has requested a Special Use Permit for a day care center before. He also asked if the neighbors were aware of this request and if they had any opposition. Ms. Leon stated she had not requested a Special Use Permit previously and the neighbors have been contacted. She said they are excited about this day care center being placed in this area, because there has not been one and the children have been bussed to other areas. Councilmember Massey asked if the neighbors were aware of the time of operation for the day care center. Councilmember Blackwell moved to approve the Special Use Permit with the finding that the use is not detrimental to the surrounding neighborhood and it fits in with the character of the area; and the conditions that any drainage plans must be approved by the City Engineering Department and the site plan be revised to show that exiting from the day care center will be by forward motion. The motion was seconded by Councilmember McBryde. Councilmember Cheek offered a friendly amendment to add a six foot landscaped buffer between the neighbors and the parking spaces. Mr. Mitchell stated that this buffer should be ten feet from the street right-of-way for visibility. Councilmember Kendrick asked how we can specify a six foot green buffer. Mr. Mitchell responded that they usually start out with three evergreen bushes spaced so that they can grow together. Councilmember Blackwell asked if Ms. Leon had a problem with this buffer and she replied that she would not. Mayor Dawkins called for a vote on the motion and it carried unanimously 8 to 0 with Councilmember Bolton absent. E. Consideration of adoption of resolution closing Hull Road from Fort Bragg Road to Devers Street. Deputy City Manager Stancil presented this item. He said that the City staff had reviewed this request and from some of their concerns they suggest that this road be kept open as a public road and authorize staff to negotiate an interlocal agreement with FTCC which would allow us to have control and input into the design of whatever is done in the area of the student center and library so we can continue to have public safety access. Also to allow us to monitor the traffic pattern changes so that if there is a negative impact on traffic in the area the City could reopen the street. This is the advertised public hearing for this date and hour. The public hearing was opened at 9:10 p.m. and speaking in favor of the street closing was Stacy Weaver, Attorney, representing FTCC. He presented a petition of 940 names from students and teachers. There were 30 to 40 people who stood in favor of the street closing. Those appearing in opposition were Ronnie Peele, 306 South McPherson Church Road; Denny Schaffer, 2910 Skye Drive; Michael Fleishman; 305 Troll Court; James Albert, 3023 Brechin Road; and Ron Beard, 2918 Skye Drive. Councilmember Ross moved to follow the staff's recommendation and the motion died for the lack of second. Councilmember Cheek stated she feels that FTCC should have a chance to work on a safer situation there before the City gets involved. Councilmember Blackwell suggested FTCC work with the City Engineering Department concerning some type of special crossing, such as flashing lights, to enable the physically impaired people to cross. Council took no action on this matter. F. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, for removal of 3-way stop at Westchester Drive. Traffic Engineer Chalmers presented this item saying he has received a petition signed by the majority of residents on (South) Edgewater Drive to remove the three-way stop sign at Westchester Drive. His recommendation is for adoption of the ordinance. This is the advertised public hearing for this date and hour. The public hearing was opened at 9:55 p.m. Alfred J. Lemire, 310 Barkley Drive, President of Van Story Association, appeared in favor. He said that a petition had been circulated in June for the reduction of the speed limit, but after it had been signed by everyone someone added to the front page that the three-way stop sign be installed. Mr. Lemire said a large red flashing light had been installed in the front yard of one of the residents facing Westchester and there is no need for it. He said that high bushes also obstruct the view. Mr. Lemire said they are requesting that this three-way stop sign be removed because it was something done that the neighborhood did not ask for. Mayor Dawkins informed Mr. Lemire that it was on the petition and there was discussion at a public hearing. Also speaking in favor of removal of the three-way stop sign was Barbara Dobbins, 2557 South Edgewater Drive. She said that the stop sign was placed in her front yard and she wants it removed. Ms. Dobbins said that she raised five children over 30 years at that location and there were at least 12 children raised safely in the vicinity before the stop signs were placed. Speaking in opposition was John Monaghan, 2533 South Edgewater Drive. He showed that he is a member of the Van Story Association and was not aware that anyone was representing him on this matter. He also referred to the petition for the reduction of the speed limit and stop sign addition. Mr. Monaghan said this petition was prepared by the Traffic Services Department and had not been altered. Mr. Monaghan is concerned with the safety of the younger families with small children. He said the traffic not only has slowed down, it also has decreased in numbers. Also appearing in opposition for removal of the stop sign were Connie Klubert, 2632 Westchester Drive and Mary Hopkins, 2635 Westchester Drive. There being none further to be heard on this matter the public hearing was closed at 10:14 p.m. Councilmember Blackwell asked Mr. Lemire if he was speaking for the Van Story Association. Mr. Lemire said he was representing the board members because they try to give support to the people that complain to them. Following comment, Councilmember Kendrick moved to have the stop signs remain and send the matter of stop signs to the Council's Policy Committee. The motion was seconded by Councilmember McBryde. There was discussion and Councilmember Blackwell asked Ms. Dobbins if she had further comments. Ms. Dobbins said she did not notice if the sentence about the stop sign was on the petition when she signed it because she only signed to keep peace in the neighborhood. She said the people requesting the stop sign to stay do not realize what it is like because it is not in their front yard. Ms. Dobbins said a realtor told her the sign lowered the value of her property. She requested the stop sign be moved further up the road. Mr. Blackwell asked Mr. Chalmers if this would be possible and still be safe. Mr. Chalmers responded that it could be moved 30-40 ft. to the west but a Dogwood tree would have to be severely pruned. Also it might be too far from the stop bar. Councilmember Blackwell offered amendment to the motion to have Traffic Services investigate further and move the stop sign if possible. Councilmember Kendrick did not accept the amendment because Traffic Services recommended the present location. Councilmember Massey asked if other mechanisms could replace the stop sign. Mr. Chalmers responded there was no other way that would be enforceable. Mayor Dawkins called for a vote on the motion to leave the stop sign and send this subject to the Council Policy Committee. The motion carried 5 to 3 with Councilmembers Blackwell, Massey and Ross in opposition and Councilmember Bolton absent. G. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, for No Parking Zone along Oliver Street. This item was presented by Traffic Engineer Chalmers. He said this item was a result of a letter from professional offices on Oliver Street and this is the advertised public hearing for input from the public. The public hearing was opened at 10:30 p.m. with comments concerning the traffic hazard on that street from Rebecca Jones, office manager for Carolina Eye Association and Phillis Thompson, 1297 Oliver Street. There was none to speak in opposition to the matter and the public hearing was closed at 10:34 p.m. Councilmember Cheek moved to refer this matter to Council's Streets and Roads Committee for speedy return and to proceed with the signage for the 5 foot clearance of parking from the right-of-way. The motion was seconded by Councilmember Robertson. Councilmember Massey asked Mr. Chalmers for a recommendation. Mr. Chalmers recommended parking be prohibited on at least one side and would concur with the request for removal on both sides. Mr. Massey said he would have to vote against the motion because of Mr. Chalmer's recommendation. Mayor Dawkins called for a vote and it carried 7 to 1 with Councilmember Massey voting against. At this time, Councilmember Kendrick said he feels that Council should not rezone for the 2010 Land Use Plan, which has not been approved do date. Mr. Mitchell said the reference to the 2010 Land Use Plan in the Planning Board minutes was by instruction from the Planning Board. Mr. Kendrick said he was concerned with the position the Council might be in later, if changes are made to the plan. Mr. Kendrick addressed Council with a request to eliminate referring to the 2010 Plan when acting on matters. Mr. Stancil said there would be an update on the 2010 Land Use Plan at the next meeting. 4. Consideration of Joint Use Contract between City of Fayetteville and Kiwanis Club for development and operation of a recreation center at Honeycutt Park. Mayor Dawkins requested to turn the gavel over to Mayor Pro Tem Blackwell since he is a member of the Kiwanis Club. Councilmember Robertson is also a member and requested permission to abstain. Councilmember Kendrick moved to excuse Mayor Dawkins and Councilmember Robertson from discussion and voting on Item 4. The motion was seconded and carried unanimously. This item was presented by Deputy City Manager Stancil. He said it has been approved and signed by the officers of the Kiwanis Club and is recommended for approval by the Parks and Recreation Advisory Commission. Councilmember Kendrick moved to follow the recommendation to approve the contract. The motion was seconded by Councilmember Cheek. Councilmember Ross said that citizens were asking if the Kiwanis Club is a diverse group of people. Mr. Stancil said that was not part of the negotiation and he did not know what the membership of the club is. Ms. Ross questioned if everyone would be allowed to use the recreation facility if the Kiwanis Club had the building. Mr. Stancil responded that the Club would only be using the facility during lunch hour one day a week and anyone that rents any of the recreation centers only have control during the time of their rental period. Councilmember Torrey asked if his fraternity could do the same thing at another recreation center. Mr. Stancil explained the terms of the contract, which is a pledge of $100,000 over the next 10 years to help equip the center to be more useable to everyone in the City of Fayetteville. The City agrees to reserve the building every Friday from 1 p.m. to 2 p.m. so the Kiwanis Club can meet there. Also, the Club is required to volunteer for special recreation programs in the park. Mr. Stancil said it would be up to Council to contract with any other group that wants to do the same thing. Councilmember McBryde said he questioned renaming the center for the Kiwanis Club when other groups will possibly do the same thing. Mayor Pro Tem Blackwell confirmed, through Mr. Barefoot, that this was discussed and agreed on almost one year ago. Also, that just the building would be renamed and the park would remain Honeycutt Park. Mayor Pro Tem Blackwell called for a vote on the motion to approve the contract and it carried unanimously 7 to 0 with Councilmember Robertson abstaining and Councilmember Bolton absent. 5. Consideration of offer from D.R. Allen & Sons, Inc.: A. Approve exchange of property. B. Accept option to purchase property. This item was presented in the agenda packet with a recommendation to approve the authorization of exchange of property and to accept option to purchase the property. 6. Consideration of agreements with Bonnie Doone Fire Department. Deputy City Manager Stancil presented this item recommending approval. He introduced Paul Groom, Chairman of the Board, present for any questions. Councilmember McBryde moved to approve the agreements as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Bolton absent. 7. Consideration of designation of Voting and Alternate Voting Delegates for 1994 Annual NCLM Business Meeting, Asheville, October 18, 1994. Councilmember Robertson nominated Mayor Dawkins as the Voting Delegate and Councilmember Blackwell nominated Councilmember Massey as the alternate. The nominations were unanimously approved. Councilmember Kendrick moved to cancel the October 17th regular Council meeting and the information meeting will become the regular meeting. Motion seconded by Councilmember Massey and carried 7 to 1 with Councilmember Robertson opposed. 8. Consideration of setting a joint meeting with Public Works Commission Board and Cumberland County Board of Commissioners to discuss county-wide water and sewer. Councilmember Kendrick moved to set October 31st, 7:00 p.m. with the location to be determined later. Motion seconded by Councilmember Blackwell and carried 7 to 1 with Councilmember McBryde opposed. At this time, City Attorney Cogswell requested Council to return to item 5-A for reconsideration. Councilmember Kendrick moved to reconsider item 5-A, seconded by Councilmember McBryde and carried unanimously. A. Approve exchange of property This item was presented in the agenda packet with a recommendation to approve authorization of exchange property and to accept option to purchase the property. Mr. Cogswell requested adoption of a resolution for the authorization to transfer property. Councilmember Kendrick moved to adopt a resolution authorizing the exchange of city property as recommended, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Bolton absent. The resolution title is as follows: RESOLUTION AUTHORIZING EXCHANGE OF PROPERTY (D. R. ALLEN 7 SONS, INC.) RESOLUTION NO. R1994-87. A copy of the foregoing Resolution is on file in the Clerk's office in Resolution Book R1994. 9. APPOINTMENTS: A. Nominations to fill three vacancies on Joint Senior Citizens Advisory Commission. Mary Dillon was elected for a second term and Reverend William Marable for a first term. There is one vacancy remaining to be filled. 10. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of August, 1994, from the Cumberland County Tax Collector. B. Status report on storm drainage improvements in Old Wilmington Road area. C. Update on Transportation Improvement Program. Councilmember Cheek reminded Council that a date needs to be set for their goals and planning session soon. INFORMATION ITEMS: 1. Letter from City Manager regarding yard trash collection update. 2. Response to request from Councilmember Torrey for estimated cost to pipe all known drainage ditches located in the City. 3. Response to request from Councilmember Bolton to investigate storm drainage request from citizen residing at 432 Southland Drive (College Lakes). 4. Response to Council request for additional information on Eastwood Avenue Special Study - R10 Residential Zoning. 5. Letter of appreciation from Mecklenburg County Commissioners for assistance from Fayetteville Police Department. 6. Fayetteville Police Dept - monthly report for August, 1994. 7. Letter from Mary C. Martin, former resident of Fayetteville. 8. FACVB - minutes of July 19, 1994. 9. Schedule of meetings for Transportation Improvement Program. 10. Greenways Study Committee - minutes of August 29, 1994. 11. Joint Planning Board - agenda for Tuesday, September 20, 1994. 12. Parks & Recreation Advisory Commission - notice of special meeting to be held on September 19, 5:30 pm. 13. Board of Adjustment - agenda for September 21, 1994, and minutes of August 17, 1994. Councilmember Robertson referred to information item 1 concerning yard trash collection. He asked staff to investigate a user friendly solution for the public so the trimmings will not end up in the stormdrains and make the City look bad as well. There is a need to educate the public on what method is to be used for removal of the yard clippings. Councilmember Ross asked for a report on item 10-B concerning the storm drainage improvements in Old Wilmington Road area. Mr. Stancil said that Council's request was for what the cost would be to pipe the area behind the houses on the upper and lower part of Sessoms Street, shown as "C" and "D" on the map. The estimated cost to the property owner would be one-half of the total, which would equal $43,000, with the City's portion also being $43,00. Councilmember Ross said the people in the Habitat houses would not be able to pay for the assessment, or they would not have qualified for Habitat. Councilmember Massey said he has received correspondence from the Wilmington Road Improvement Group stating that the individuals in the Habitat Village would not be able to pay the assessment. He suggested a meeting with Richard Herrera from the CBDG funds, to see if they might be available to them. Mr. Massey also suggested this matter be sent back to Council's Streets and Roads Committee or set up an Ad Hoc Committee wherein the "CBDG" people and engineers might explore the options and let the community speak on this. Councilmember Cheek moved to refer this matter to the Redevelopment Commission for consideration of possible funding through some of their sources or some funding assistance and to hold a neighborhood meeting to discuss their desires. The motion was seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Bolton absent. At this time, Councilmember Blackwell commended the completion of the paving of Oakridge Avenue. Councilmember Kendrick requested to be excused from the October 3, 1994, regular meeting. Upon motion by Councilmember Cheek and seconded by Councilmember Blackwell, Mr. Kendrick was excused 6 to 1 with Councilmember Robertson opposed. Councilmember Ross referred to her trip to South Carolina. She said there were Bed and Breakfast establishments there and used by tourists. Councilmember McBryde said he and his family went to Columbia, South Carolina, during Labor Day weekend to observe because he would be unable to make the scheduled trip. There being no further business the meeting was adjourned at 11:25 p.m. upon motion and second. INFORMATION MEETING SEPTEMBER 26, 1994 FAYETTEVILLE CITY COUNCIL AGENDA INFORMATION MEETING SEPTEMBER 26, 1994 7:00 P.M. CUMBERLAND HALL FAYETTEVILLE TECHNICAL COMMUNITY COLLEGE Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Nat Robertson (at-large); Ida Ross (District 2) Others Present: John Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager for Finance and Administration Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Ron Rice, Senior Engineer Will Denning, Planning Al Mitchell, Assistant Planning Director Carl Milazzo, Police Attorney Inv. Chris Pryer, Police Department Police Chief Ron Hansen Fire Chief Pete Piner Rick Heicksen, Transportation Planner III Louis Chalmers, City 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 Reverend George A. Jones, Campground Methodist Church, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American flag. Mayor Dawkins called on Ron Rice, Senior Engineer, for an update on the Market House renovation involving the City Seal. He showed slides of the City Seal being cut from the granite quarry to be placed in the Market House. Mr. Rice said that the seal is six inches thick and six feet across. The procedure took approximately four weeks and the cost was $9,000. Keystone Monuments company in Alberton, Georgia, manufactured the seal. Councilmember Blackwell reminded everyone of the Market House renovation dedication to be held October 6, at 7 p.m. at the Market House. At this time, Councilmember McBryde moved to excuse Councilmembers Ross and Robertson from the meeting. The motion was seconded by Councilmember Bolton and carried unanimously. 1. APPROVAL OF AGENDA Councilmember Bolton moved to approve the agenda as submitted, seconded by Councilmember Blackwell and carried unanimously 7 to 0. 2. PUBLIC FORUM Mr. Don Talbot, 7135 Evanston Court, thanked Council for their recent support in denying the rezoning case for their area. Mr. Talbot said he was concerned about the noise ordinance because of the “boom boxes.” He suggested that the ordinance might need more teeth. Mr. Talbot praised the police department and Chief Hansen for the work they have been doing in the newly annex area. City Attorney Cogswell responded to the concern of Mr. Talbot by saying there have been many, many arrests on the noise ordinance, but only so many cases can be processed through small claims court at one time in order to work with the police officers. Mr. Clark Dill, a Devonwood Subdivision resident, also commended the police department for their work in the neighborhood. He said that since they have been annexed, the speeding has decreased. 3. Consideration of adoption of resolution in favor of Flow Control Legislation. This item was presented in the agenda packet with a recommendation for adoption of the resolution. RESOLUTION IN FAVOR OF FLOW CONTROL LEGISLATION. RESOLUTION #R1994-88. Councilmember Bolton introduced the foregoing resolution and moved it’s adoption, seconded by Councilmember Kendrick, and carried unanimously 7 to 0 with Councilmembers Robertson and Ross absent. A copy of the foregoing resolution is on file in the Clerk’s office in Resolution Book R1994. 4. Consideration of Access Agreement between City of Fayetteville and Cotton Growers Warehouses, Inc. City Cogswell presented this item with a recommendation for approval of the access agreement. Councilmember Bolton moved to follow the recommendation to approve the access agreement, seconded by Councilmember Kendrick and carried unanimously 7 to 0 with Councilmembers Robertson and Ross absent. 5. Consideration of acceptance of AIP Grant Offer from Federal Aviation Administration. City Manager Smith stated that Council has already approved the contract subject to receipt of this grant. He said that local funds are budgeted. The Federal Aviation Administration is making a maximum grant offer in the amount of $298,402. The city’s share would be $16,578 along with the state’s. Councilmember Kendrick moved to authorize the Mayor to execute the grant agreement, seconded by Councilmember Bolton and carried unanimously 7 to 0 with Councilmembers Robertson and Ross absent. 6. Update on 2010 Plan. Will Denning from the Planning Department introduced the team members that have been working on this 2010 Plan. Mr. Denning reviewed what has taken place thus far. He said that once Council adopts the concept, the Planning Department will incorporate the ordinance within the districts. They plan to update the Land Use Plan every two years. Mr. Denning reviewed the different elements of the plan that are being fine tuned and hopefully come back to Council by the end of this year. Following some discussion, Councilmember Cheek suggested that this would be a good time to uniform the city and county zoning. She requested this be on the City/County Liaison agenda. 7. Discussion of desirability of convening a planning summit with City Commissions. Councilmember Cheek said she would like to have the city commissions give some guidance in helping to get a priority list for the Planning Department’s services. Mr. Mitchell announced an all-day session would be held on November 10, by Bruce McClendon from Orlando on Managing Change - What Has Planning Got To Do With It? He said there would also be a panel of speakers for the state planning activities consisting of David Owens, from the Institute of Government, and Jim Daughtery, from the local Community Services Department, among others. Councilmember Cheek moved to write a letter to each member of the city commissions encouraging them to attend this session and to state that we are interested in redefining the services that we get from the Planning Board. The motion was seconded by Councilmember Bolton and carried unanimously 7 to 0 with Councilmembers Robertson and Ross absent. 8. Discussion of pawnbroker ordinance. Police Attorney Carl Milazzo presented this item. He said this already exists in the General Statutes as Chapter 91-A. He reviewed the few changes such as the appeals process, asking for the name to be printed instead of initials on the pawn tickets, and having the records mailed to the police department within 24 hours to shorten the odds for recovering property or offenders. Police Investigator Chris Pryer explained how this ordinance would affect his work load with the new annexations. Councilmembers asked questions such as the possibility of pawn shops being computerized, the possibility of using a courier to pick up the tickets, possibility of faxing the tickets and the possibility of all the tickets not being mailed. Investigator Pryer responded that all the pawn shops are not computerized and would not have access to our computers, faxing would be cost prohibitive and the tickets are numbered so any missing tickets would be discovered. Following discussion, Councilmember Kendrick moved to set a public hearing for October 3, on this matter, seconded by Councilmember Bolton. Councilmembers Cheek and McBryde said they felt Monday would be too soon. Mayor Dawkins called for a vote on the motion and it carried 4 to 3, with Councilmember Robertson and Ross absent. 9. Discussion of alarm ordinance. Police Chief Hansen and Fire Chief Piner reported on the problems of responding to invalid alarms. This included not only the cost but the danger in answering such alarms. City Manager Smith reviewed the situation with the alarms and the proposed fee schedule. He said that the difficulties begin with the designation “false” and the attempt to prove what is false and what is not. The proposed fee schedule would be separate from the ordinance. Following lengthy discussion Councilmember Cheek moved to have staff draft an ordinance and consider setting a public hearing at that time. The motion was seconded by Councilmember Blackwell and carried unanimously 7 to 0 with Councilmembers Robertson and Ross absent. 10. Update on Transportation Improvement Program Deputy City Manager Stancil said that Council had been concerned about their role in the Transportation Plan. He reviewed the activities and improvements that have been going on. Rick Heicksen, Planning Department, gave a brief update on the 11 projects submitted by TAC last year. He submitted information along with diagrams. Traffic Services Engineer Chalmers reviewed the city streets and intersection projects. There was discussion on the Thoroughfare Plan and the Cliffdale Road section, multi-lanes and interchanges. Mr. Smith and Mr. Stancil explained that in a few years Council would have no control over the Cliffdale Road becoming five lanes if it is put on the TIP. Mr. Smith said that staff recommendation is to not deal with multi-lane issues, just improve intersections and they believe the street is adequate to handle traffic with the intersection improvements. Following further discussion, Council requested that the Murray Hill Road intersection with Cliffdale Road be added to the intersection improvements project. Councilmember Cheek moved to put the intelligent vehicle system as priority two, seconded by Councilmember Kendrick, and carried unanimously 7 to 0 with Councilmembers Robertson and Ross absent. Mr. Stancil is working on proposals for a firm to look at the Downtown Circulation Plan including the CBD loop, Eastern Boulevard and Robeson Street in town. He suggested that we go through the TIP process and keep Robeson Street on the wish list before it gets on the TIP. 11. Set location for October 31 joint meeting with Public Works Commission and Cumberland County Board of Commissioners to discuss county-wide water and sewer. City Manager Smith suggested a neutral location for the joint meeting and to let staff get with the others to set the location. Council agreed to his suggestion. 12. Set date/location for Council planning retreat. The suggested time for the Council planning retreat was the latter part of November or early December at the airport. It was also suggested to be held on a Friday and Saturday and to get a facilitator. At this time, Councilmember Cheek referred to the Information Item concerning televising the Council meetings. Mr. Smith said that he is expecting a reply from Cablevision to his letter soon. There being no further business, the meeting was adjourned at 10:10 p.m. upon motion and second. REGULAR MEETING OCTOBER 3, 1994 FAYETTEVILLE CITY COUNCIL AGENDA REGULAR MEETING OCTOBER 3, 1994 7:00 P.M. CITY HALL COUNCIL CHAMBER Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Tommy Bolton (District 1); 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) Absent: Mark Kendrick (District 6) - excused Others Present: John Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Al Mitchell, Deputy Planning Director Louis Chalmers, City Traffic Engineer Steve Blanchard, PWC Manager James Rose, PWC Support Services Carl Milazzo, Police Attorney Chris Pryer, Police Investigator Martha Duell, LaFayette Society Libby Seymour, Arts Council 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 Reverend Augustin Joseph, Saint Johns Episcopal Church, offered the Invocation followed by the Mayor leading in the Pledge of Allegiance to the American flag. Mayor Dawkins noted that Councilmember Kendrick had previously been excused from tonight's meeting. Presentation by Martha Duell on visit to our Sister City, Saint-Avold, France. Ms. Duell gave an impressive report on her trip to our Sister City. There was quite an elaborate celebration honoring our City and Ms. Duell. A street has been named Fayetteville Avenue, with North Carolina underneath because there are 37 cities in the United States named Fayetteville. Ms. Duell presented the Mayor with a flag of the City of Saint-Avold and a plaque. Ms. Duell was also presented a trophy as a pioneer of the Sister City that she will give to the City following the presentation at the LaFayette Society meeting. Ms. Duell said a group is coming from our Sister City the end of March and the first of April so we will need to be preparing for some recognition for them. Ms. Duell also requested that Council consider naming a street in Fayetteville for Saint-Avold. She concluded by saying the LaFayette Society will be meeting October 29, 1994, at the LaFayette Restaurant at 7:00 p.m.. Councilmember Cheek moved to have a letter of appreciation and thanks sent to Saint-Avold. The motion was second by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Kendrick absent. 1. APPROVAL OF AGENDA Councilmember Bolton moved to approve the agenda as submitted, seconded by Councilmember Ross and carried unanimously 8 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Cheek requested to pull items D and F, Councilmember Ross requested to pull item G, and Councilmember Blackwell requested to pull item N-8, all for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of items D, F, G and N-8. After a second by Councilmember McBryde, the consent agenda and following items were unanimously approved. A. Approve tax refunds over $100. Taxpayer's Name Nature of Clerical Error Property Description Amount Wachovia Auto Leasing Correcting Situs to Town of 1992 Mercury 114.08 Co. of North Carolina Spring Lake per location address Grand Marquis 01- of 1425 Milton St, Spring Lake 1031-20352 (lease #) Seals, Clayton M T/A Correcting Tax District to T/A Seals Body 133.02 Seal Body Shop Pearces Mill per PIN 0436-36- Shop, 1318 6019 Gillespie St Bell, Graham A House double-listed to PIN 05- 1101 Rowan Street 479.00 437-09-06-2605 (0437-09-06-2605) Coffey, Joe Jr., Atty Originally assessed for years 123.97 1990 through 1993. Filed amended Business Personal Property Listings for those years Evans, James R Cross Creek Mall location T/A A Floral 282.03 closed 9-91 per letter amended Gallery, Cross statements received for the 606 Creek Mall Ramsey St location B. Set public hearing for November 7, 1994, to consider an application by Franklin S. Clark for a Special Use Permit as provided for by Article IV, Section 32-23(4A) of the City of Fayetteville Code of Ordinances to allow grounds and facilities for a private golf course in the P1 Professional District, C1P Shopping Center District and R5 Residential District for an area located on the west side of Village Drive and the east side of Purdue Drive, and south of Luther Avenue and the Aberdeen and Rockfish Railroad and being a portion of the property of the Franklin S. Clark and M. S. Clark Trust. (P94-150) C. Set public hearing for November 7, 1994, to consider revisions and amendments to the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-32, C3 Heavy Commercial District, by creating a new Subsection (14.1) which would allow grounds and facilities for miniature car or go-cart courses (tracks) upon and after obtaining a Special Use Permit to be issued by the City Council. (P94-162) D. (Pulled for discussion) E. Approve the rezoning from R5 Residential District to P2 Professional District or to a more restrictive classification for an area located at 2909 Breezewood Avenue and being the property of Robert E. and Freida P. Wright. (P94-137) F. (Pulled for discussion) G. (Pulled for discussion) H. Consideration of Adoption of Special Revenue Project Ordinance Number 95-4 (Juvenile Restitution FY 94-95) The State Division of Youth Services has awarded Cumberland County $42,533 for the Fayetteville Police Department's Juvenile Restitution program. I. Consideration of Adoption of Special Revenue Project Ordinance Number 95-5 (HUD - CDBG FY 94-95) The ordinance will appropriate proceeds awarded to Community Development in the amount of $1,277,000 by the U.S. Department of Housing and Urban Development for the FY 94-95 Community Development Block Grant program. J. Consideration of Adoption of Special Revenue Project Ordinance Number 95-6 (HUD - HOME FY 94-95) The ordinance will appropriate proceeds awarded to Community Development in the amount of $483,000 by the U.S. Department of Housing and Urban Development. These funds will be used to fund the HOME Investment Partnerships Program for FY 94-95. The City will provide a local match of $51,319. K. Consideration of Adoption of Capital Project Ordinance Amendment Number 95-4 (FTA NC 90.0158) This amendment will appropriate an additional $281 awarded by the Federal Transportation Administration, $27 from the NCDOT, and $33 in local funds. L. Award of contract for intersection improvement at Edgecombe Avenue and Langdon Street to McDonald Grading Company, lowest bidder in the amount of $138,772.60. M. Adopt resolution approving transfer of cablevision franchise from TWE to Time Warner Entertainment-Advance/Newhouse Partnership. RESOLUTION, RESOLUTION NO. R1994-89. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1994. N. Approve the following PWC matters: 1. Award of contract for purchase of one 230 kV Transformer to North American Transformer, Inc., low bidder in the amount of $859,625. Bids received were as follows: North America Transformer $ 858,625.00 R. W. Chapman & Co. $ 984,280.00 Fred Lekson Associates $ 1,025,849.00 Westinghouse Electric $ 1,077,000.00 Smit USA, Inc. $ 1,173,480.00 HESCO, Inc. $ 1,268,500.00 2. Award of contract for purchase of 125,000' of 7#6 Alumoweld Guystrand to HESCO, Inc., low bidder in the amount of $66,000.00. Bids received were as follows: HESCO, Inc. $ 66,000.00 CED/Mill-Power $ 69,483.75 WESCO, Inc. $ 72,000.00 3. Award of contract for purchase of 95,000 pounds of 477 MCM AAC H.D. Conductor to Eastern Electric Supply, low bidder in the amount of $98,800.00. Bids received were as follows: Eastern Electric $ 98,800.00 CED/Mill-Power $ 101,555.00 Rigby Electric $ 100,681.00 Power Supply $ 104,595.00 WESCO $ 106,276.50 4. Award of contract for purchase of 207,200 pounds of 954 MCM AAC H.D. Conductor to Eastern Electric Supply, low bidder in the amount of 204,092.00. Bids received were as follows: Eastern Electric $ 204,092.00 CED/Mill-Power $ 219,424.80 Rigby Electric $ 212,898.00 HESCO $ 215,488.00 Power Supply $ 216,731.20 Tennessee Valley $ 219,880.64 WESCO $ 220,212.16 5. Award of contract for purchase of 1000 ea. Horizontal Line Post Insulators to Scott-Parish Electric Supply, low bidder in the amount of $164,640.00. Bids received were as follows: Scott Parish $ 164,640.00 WESCO $ 189,800.00 Tennessee Valley $ 168,500.00 Power Supply $ 186,900.00 Sediver $ 169,800.00 Ohio Brass $ 166,500.00 6. Award of contract for purchase of four (4) 69 kV 1200A SBV GOAB Switches to HESCO, Inc., low bidder in the amount of $21,104.00. Bids received were as follows: HESCO $ 21,104.00 Tennessee Valley $ 23,460.00 Power Supply $ 24,120.00 Eastern Electric $ 25,164.00 WESCO $ 28,460.00 7. Award of contract for purchase of twelve (12) 69 kV Interrupter Kits to HESCO, Inc., low bidder in the amount of $25,680.00. Bids received were as follows: HESCO $ 25,680.00 Eastern Electric $113,040.00 WESCO $ 27,408.00 Power Supply $108,000.00 Tennessee Valley $ 28,536.00 8. (Pulled for discussion) 9. Award of contract for purchase of 40, 25 KVA Padmount Transformers to Scott-Parish Electrical Supply, low bidder in the amount of $37,864.80. Bids received were as follows: Scott-Parish $ 37,864.80 Power Supply $ 55,000.00 Power & Telephone $ 46,920.00 Rigby Electric $ 50,600.00 WESCO $ 57,640.00 HESCO $ 41,400.00 10. Award of contract for purchase of 25 Primary Junction Enclosures to Rigby Electric, low bidder in the amount in the amount of $49,825.00. Bids received were as follows: Rigby Electric $ 49,825.00 Power Supply $ 50,500.00 Tennessee Valley $ 50,550.00 11. Award of contract for purchase of 500 Secondary Primary Junction Enclosures to Power Supply, Inc., low bidder in the amount of $33,250.00. Bids received were as follows: Power Supply $ 33,250.00 Power & Telephone $ 34,705.00 Eastern Electric $ 34,500.00 Scott-Parish $ 47,130.00 12. Award of contract for purchase of one Trencher with Back-fill Blade, Backhoe and Trailer to Ditch-Witch of North Carolina, low bidder in the amount of $28,686.00. Bids received were as follows: Ditch Witch $ 28,686.00 Vermeer Carolinas $ 32,575.00 13. Award of contract for construction of the Locks Creek 24" Sanitary Sewer Extension to R. H. Moore Construction Company, low bidder in the amount of 923,201.00. Bids received were as follows: R. H. Moore $ 923,201.00 McClam & Associates $ 1,185,939.00 Horne Construction $ 1,338,979.00 Billings & Garrett $ 1,225,122.00 B. R. S., Inc. $ 1,301,872.00 State Utility $ 1,242,833.00 Yates Construction Co. $ 1,141,150.00 Dellinger, Inc. $ 1,379,371.00 O. Adoption of resolutions designating the City Attorney and Police Chief as officials to executive local government opinion forms for N.C. Alcohol Beverage Control Commission. RESOLUTION REGARDING DESIGNATION OF AN OFFICIAL TO MAKE RECOMMENDATIONS TO THE NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROLLED COMMISSION ON A.B.C. PERMIT APPLICATIONS (ROBERT C. COGSWELL, JR., CITY ATTORNEY). RESOLUTION NO. R1994-90. RESOLUTION REGARDING DESIGNATION OF AN OFFICIAL TO MAKE RECOMMENDATIONS TO THE NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROLLED COMMISSION ON A.B.C. PERMIT APPLICATIONS (RONALD E. HANSEN, POLICE CHIEF). RESOLUTION NO. R1994-91. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1994. 2-D. Set public hearing for November 7, 1994, to consider revisions and amendments to the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-28, by deleting Subsection (31) in its entirety and providing a substitution. (P94-163) Councilmember Cheek said the description in the agenda did not show what type of revisions are to be considered. Mr. Mitchell responded that it was the outdoor recreation standards. Dr. Cheek said she wants the description to be included in the agenda as well as the ads in the newspaper in the future. Councilmember Cheek moved to set a public hearing as recommended, seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Kendrick absent. 2-F. Approve the rezoning from C1 Local Business District or R5 Residential District or to a more restrictive zoning classification for an area located at 2000 Murchison Road and being the property of Mary Washington Jones and Mary and George Jones. (P94-143) Councilmember Cheek said it is difficult to get unified zoning and this area seems to have that. She feels it should not be changed to residential from commercial. Councilmember Cheek moved to set a public hearing for September 7, 1994, seconded by Councilmember Ross. Mayor Dawkins called for a vote and it was 4 to 4 with Councilmembers Blackwell, McBryde, Bolton and Torrey voting in opposition. Mayor Dawkins voted yes breaking the tie. 2-G. Set public hearing for November 7, 1994 for consideration of closing a portion of Simmons Street. Councilmember Ross asked if this would have an effect on the R5 zoning. City Attorney Cogswell said nothing will change, this corrects the line on the plat but the street will have to be closed first. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF SIMMONS STREET. RESOLUTION NO. R1994-92. Councilmember Ross introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Kendrick absent. A copy of the foregoing resolution is on file in the clerk's office in Resolutions Book R1994. 2.N8 Award of contract for purchase of 150, 50 KVA Padmount Transformers to HESCO, Inc., low bidder in the amount of $178,200.00. Bids received were as follows: HESCO $178,200.00 Power Supply $245,850.00 Power & Telephone $196,500.00 Rigby Electric $230,250.00 WESCO $220,800.00 Scott-Parish $177,103.50 Councilmember Blackwell asked about this not being the lowest bid. Mr. Rose, PWC Support Service, responded the life cost of transmitters is considered and HESCO has the longest lasting. Councilmember Blackwell moved to award the bid as recommended, seconded by Councilmember Robertson and carried unanimously 8 to 0 with Councilmember Kendrick absent. At this time City Attorney Cogswell referred to item 2.C. He wanted to remind Council that this is not a rezoning matter, but an amendment to the ordinance. He said Council would probably receive calls concerning this matter because of a misconception that it would be a rezoning matter. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and non-public hearings. A. Consideration of adoption of ordinance creating a new Article IV, Pawnbrokers, of the Code of Ordinances of the City of Fayetteville. This item was presented by Police Attorney Milazzo and Police Investigator Chris Pryer. Officer Pryer submitted samples of two pawn tickets showing the changes they are requesting. One would contain the signature and name of the pawnbroker. The second ticket needs to show more pertinent information to deal with in court. Investigator Pryer referred to another matter that had been brought up by Council concerning the inclusion of postage and return envelopes to be paid for by the City. He said this would be approximately $5000.00 per year postage and the envelopes would come from stock. Also, the post office ensured them of overnight delivery if it was in their hands before midnight. The public hearing was opened at 7:51 p.m. and there was none to speak in favor. Speaking in opposition was Jim Faircloth, Jim's Pawnshop, 4632 Yadkin Road. He said their situation is unique and they felt very strongly that there should be personal contact with the officer at least twice a month. There being none further to be heard on this matter the public hearing was closed at 7:53 p.m. Councilmember McBryde asked Mr. Ray Baker, B&B Pawnshop, President of the Pawnbrokers Association if he had anything to add. Mr. Baker concurred with Mr. Faircloth concerning the personal contact rather than strictly through the mail. Investigator Pryer said he would not lose total contact with the pawnshops and his duties would not change. Councilmember Blackwell asked Mr. Baker if they had any other problems with the ordinance other than the loss of personal contact. Mr. Baker said that was their major concern and mention had been made of the added expense of postage for mailing these tickets. Investigator Pryer said if the City required this mailing then the City would pay the postage. City Manager Smith added it would be less cost effective for the postage to be provided than to provide a courier for this service. The postage would require separate action by Council. ORDINANCE CREATING A NEW ARTICLE IV PAWNBROKERS. ORDINANCE NO. S1994-13. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, including the City to provide envelopes and postage and provide personal contact with the pawnshops. The motion was second by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Kendrick absent. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1994. B. Consideration of request for speed limit reduction on Anson Drive from Chesapeake Road to its end, Carteret Place from Chesapeake Road to its end, Chesapeake Road from McArthur Road to its end, Chesapeake Place from Chesapeake Road to its end, Hidden Valley Drive from Chesapeake Road to Landmark, Hidden Valley Place from Hidden Valley Drive to its end, Landmark Drive from Waterbury Drive to its end, Waterbury Place from Farmview Drive to its end. This item was presented by Traffic Engineer Chalmers stating they have received petitions signed by the majority of the residents on the above referenced streets requesting the speed limit be reduced to 25 mph. This is the advertised public hearing for this date and hour. The public hearing was opened at 8:10 p.m. Speaking in favor of this matter because of the unsafe roads due to the speed were Mrs. Dolores LaMonda, 5106 Chesapeake Road; Bill Lund, 5127 Chesapeake Road; and Matt Bissonnette, 5131 Chesapeake Road. There were none to appear in opposition. The public hearing was closed at 8:14 p.m. Councilmember Bolton asked Mr. Essie Bell, who began the circulation of the petition, if he had any comments to add. Mr. Bell concurred with the other speakers about the unsafe roads because of the speeding and the drivers not stopping for stopped school buses. He said the average speed on Chesapeake Road, which is a cut through from McArthur Road to Stacy Weaver Road, is 44 mph. Mr. Bell said he is the coordinator of the Community Watch for that area and they have been making efforts along with the police department to control these conditions; however, the adoption of this ordinance would greatly help. ORDINANCE AMENDING SECTION 20-21 MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL, COLLEGES LAKES, SUBDIVISION) ORDINANCE NO. NS1994-29. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Kendrick absent. A copy of the foregoing ordinance is on file in the clerk's office Ordinance Book NS1994. 4. Consideration of the rezoning from P1 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 521 and 523 Beaumont Road and being a portion of the property of Harold L. Godwin. (P94-142) Al Mitchell presented this item with a Planning Board recommendation of approval. Councilmember Bolton moved to approve the rezoning request, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Councilmember Kendrick absent. 5. Consideration of request from Arts Council regarding utility payments for Arts Center. (Appearing: Libby Seymour, Executive Director) Libby Seymour, Executive Director of the Arts Council, appeared with a request for payment of the utility from PWC for approximately $10,000.00. She said the lease calls for the City to pay the utilities up to $20,000.00 per year. They have not budgeted for this money. Mr. Smith explained money for utilities was not covered during the City's budget sessions. He suggested Council approve the payment of the utilities in the amount of $10,000.00 from Council contingency funds. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously 8 to 0 with Councilmember Kendrick absent. Ms. Seymour announced to Council the annual conference of the Arts of North Carolina will be held in Fayetteville on April 23 - 25, 1995. 6. A. Consideration of adoption of ordinance amending various provisions of Chapter 9A, "Burglary and Robbery Alarm Systems Regulations", of the Code of Ordinances of the City of Fayetteville. B. Consideration of approval of fee schedule for burglar and fire alarm response. Deputy City Manager Stancil presented this item. He said they have incorporated some of Council's concerns into this ordinance amendment, such as raising the number of burglary alarm responses before there is a user fee charge. It also included that a fee would not be charged if there was visible proof of burglary attempt or fire. There is also a fee schedule included in this item for action, both to be effective January 1, 1995 if they are adopted, to enable an education program for the alarm companies as well as the public. Councilmember McBryde said there are still problems to be worked out between the alarm industry and staff concerning this ordinance; therefore, he moved to form a committee to consist of staff from police and fire department and at least three alarm industry representatives to meet as soon as possible and return this matter to Council. The motion was seconded by Councilmember Robertson. Councilmember Cheek requested a draft of the ordinance be mailed to the industry prior to the meeting of presentation. The motion carried unanimously 8 to 0 with Councilmember Kendrick absent. 7. Consideration of adoption of resolution declaring City's intention to reimburse itself from proceeds of bond issues for certain capital expenditures. At this time Councilmember Bolton requested to abstain from discussion and voting on this item. Councilmember McBryde moved to grant the request, seconded by Councilmember Robertson and carried unanimously 7 to 0 with Councilmember Kendrick absent. PWC Manager Blanchard gave a brief update on the location site for the PWC administration building which relates to this item. He said the commission has committed itself for the branch office downtown and Olde Fayetteville Association is still working to get other utilities in that area. Mr. Blanchard said the reason for the resolution request is because the cost has exceeded the $33 million for both the complex and the branch. Councilmember Blackwell said he realizes PWC's plan to locate everything together; however, he feels it would help our inner City to locate the administration building downtown. He suggested checking into the old Capitol Building, the 200 Block of Hay Street or the Reed Lallier property since they will be moving. Mr. Blanchard said that PWC has studied this move for several years and they have determined it would be much more cost effective to locate all of their operations in one location with the branch in the LaFayette Hotel building downtown. This will not only offer added service to the people, but contribute to the revitalization of the downtown area. City Manager Smith said the request for adoption of the resolution declares the City's intent to reimburse itself from a tax-exempt financing for the construction of various General Plant Structures and Improvements. He said specific projects can be dealt with at the time the bonds or the contracts are issued. Following some further discussion, Councilmember Blackwell moved that the Public Works Commission administration building be located downtown. The motion was second by Councilmember Massey and failed 1 to 6 with Councilmembers McBryde, Robertson, Ross, Massey, Torrey and Cheek voting in opposition, Councilmember Bolton abstained and Councilmember Kendrick absent. RESOLUTION DECLARING THE CITY'S INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS. RESOLUTION NO. R1994-93. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Torrey and carried unanimously 7 to 0 with Councilmember Bolton abstaining and Councilmember Kendrick absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1994. 8. Consideration of award of contract for sign ordinance review. Assistant City Manager Teal presented this item with a recommendation from the Appearance Commission to award the contract to Simeon, Larsen and Marsh to revise the sign ordinance. The budget amount for this item is $40,990.00. Mr. Teal said bidders submitted qualifications for this service and the top four qualified firms were asked to submit bids. The Sign Committee along with the City Staff interviewed the four firms for this task. Councilmember McBryde said he felt that $40,000.00 was a lot of money to have an outside agency to write an ordinance, that may not be adopted. He also said he felt bidders should submit a dollar amount with their bid for their proposal. Following some discussion, Councilmember Cheek moved to have staff negotiate for a cost reduction with Siemon, Larsen and Marsh, seconded by Councilmember Ross. The vote was 4 to 4 with Councilmembers McBryde, Bolton, Torrey and Robertson voting against. The Mayor voted in favor and the motion carried with Councilmember Kendrick absent. 9. APPOINTMENTS: A. Nominations to fill one vacancy on Joint Senior Citizens Advisory Commission. Councilmember Ross nominated Katharine Marable to fill the vacancy. B. Nominations to fill three vacancies on Historic Resources Commission. There were no nominations for the vacancies of Ruby Murchison, Ranny Nimmocks or Arnetha Robinson. C. Nominations to fill three vacancies on Parks and Recreation Advisory Commission. Councilmember Blackwell nominated Langdon Hadley for a second term. Councilmember McBryde nominated Reverend Sandy Saunders; Councilmember Bolton nominated Linda Smith; and Councilmember Robertson nominated Darden Jenkins for first terms. At this time Mayor Dawkins reminded everyone that the next regular Council meeting normally scheduled for October 17, 1994, has been cancelled and the information meeting on October 24, 1994 will be the regular meeting. Councilmember Cheek requested Council's guidance on the City/County Liaison Committee's communication concerning honoring Martin Luther King. She asked if Council wanted to give direction to the City Committee Members concerning our input. Councilmember Torrey recommended to let the County Commissioners proceed and then bring a recommendation to the City. Following discussion the consensus of the majority of Councilmembers was to follow Mr. Torrey's recommendation. 10. ADMINISTRATIVE REPORTS: A. Report of tax refunds under $100. Please Note: To view the table of tax refunds, please see the printed copy of the City of Fayetteville Meeting Minutes. B. Status report of resurfacing contract submitted in the agenda packet. INFORMATION ITEMS: 1. Letter to from Mayor Dawkins to County Commission Chairman, Lee Warren, regarding social services building. 2. Status report on City Council Traffic Signal Requests. 3. Letter of appreciation from residents of Ascot. 4. Planning Board - memo regarding Long Range Transportation Plan Summary 5. Parks and Rec Advisory Commission - minutes of August 22, and September 19, 1994. 6. Human Relations Commission - agenda for October 13, 1994. 7. Historic Resources Commission - minutes of May 24, 1994 8. PWC - minutes of August 25, 1994. 9. Appearance Commission - agenda for October 10, 1994. 10. Stadium Committee - meeting notice for October 4, 1994. There being no further business the meeting was adjourned at 10:10 p.m. upon motion and second. REGULAR MEETING OCTOBER 24, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING OCTOBER 24, 1994 7:00 P.M. CITY HALL COUNCIL CHAMBER 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) - arrived at 7:10 p.m.; Mark Kendrick (District 6) Others Present John Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer George Vaughan, Planning Director Robert Barefoot, Parks & Recreation Director Louis Chalmers, City Traffic Engineer Dawn Hester, Chairman Appearance Commission Greg Edge, Chairman Parks & 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 Reverend Jan Milton, Cornerstone Baptist Church, offered the Invocation followed by the Mayor leading in the Pledge of Allegiance to the American flag. Mayor Dawkins reported on his four year old granddaughter’s condition and thanked everyone for their prayers and flowers. Councilmember Cheek arrived at 7:10 p.m. 1. APPROVAL OF AGENDA City Attorney Cogswell requested Council add an item 16. for closed session for the purpose of litigation. Councilmember Robertson moved to approve the agenda with the addition of item 16, seconded by Councilmember Blackwell and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. There being none, Councilmember McBryde moved to approve the consent agenda. After a second from Councilmember Kendrick the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of September 6, 1994. B. Approve minutes of regular meeting of September 19, 1994 (corrections were made at the end of the meeting as follows: on page 3 item 3.B. in the first line of the item description the word "Byrd" Use Permit should be changed to "Special" Use Permit. The paragraph following the item description should be moved to item 8.A. on page 11. Also on page 11 in the first line of 8.A. the word "or" a resolution should be changed to "of" a resolution.). C. Approve minutes of information meeting of September 26, 1994. D. Approve minutes of regular meeting of October 3, 1994. E . Approve tax refunds over $100. Taxpayer’s Nature of Property Amount Name Clerical Error Description Mid-South Adjusted 6.23 acres $10,021.65 Insurance interior finish Gilmore Company of third floor - Land 0439- only 30 percent 07-58-4427 complete F. Approve the rezoning from P1 Professional and R6 Residential Districts to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the south side of the Aberdeen and Rockfish Railroad and Luther Avenue, west of Village Drive and being a portion of the property of the Franklin S. Clark and M.S. Clark Trust. (P94-151). G. Adopt resolution authorizing nuisance lawsuits. RESOLUTION AUTHORIZING INITIATIONS OF LAWSUITS PURSUANT TO CHAPTER 19 OF THE NC GENERAL STATUTES. RESOLUTION NO. R1994-94. A copy of the foregoing resolution is on file in the clerk’s office in Resolution Book No. R1994. H. Approve the following Finance matters: 1 . Adopt an order amending an order authorizing $54,000,000 refunding bonds. The bond title is as follows: ORDER AMENDING AND ORDER AUTHORIZING $54,000,000.00 REFUNDING BONDS. On April 19, 1993, City Council adopted an order authorizing the issuance of up to $54,000,000 in refunding bonds. The City issued $37,200,000 in General Obligation Refunding Bonds dated November 1, 1994. The balance of the authorization was not issued because the economic savings did not materialize. This order repeals the balance of the authorized but unissued principal amount of the bonds in the amount of $16,800,000. The current interest rate environment is not conducive to further refundings. 2. Adopt Special Revenue Project Ordinance Number 95-7 (GHSP - Vascar Speed Enforcement). The Governor’s Highway Safety Program has awarded the Fayetteville Police Department $9,326 for the funding a Vascar Speed Enforcement program. A local match of $3,109 is being provided by General Fund and is budgeted in the Police Department. 3. Adopt Capital Project Ordinance Closeout 95-1 (CAP 90-8 AIP 12). This project was established in April 1990 for funding the construction of the Firefighting Training Facility, rehabilitation of a firefighting and rescue vehicle, land acquisition, and preparation of an environmental assessment at the Fayetteville Regional Airport. 4. Adopt Capital Project Ordinance Amendment 95-5 (CPO 95-1 AIP 15). This ordinance amendment appropriates Federal (90%), State (5%) and Airport operating revenues (5%) in the amount of $287,833 for funding the construction of the general aviation ramp and apron, taxiways, and access roads to GA ramp at the Fayetteville Regional Airport. The revised project amount represents the grant offer accepted by City Council at their September 26, 1994, meeting. 5. Adopt Capital Project Ordinance 95-2 (AIP 16). 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. The property is proposed for acquisition to preserve property around the final approach to Runway #4 and is scheduled for acquisition in the Airport’s Master Plan. The Hill property was authorized for purchase by City Council at their September 6, 1994, meeting and included as an anticipated expenditure in the AIP-15 grant. The property acquisition was not in the final grant award and has been moved to AIP-16. 6. Adopt Budget Ordinance Amendment 95-4 (Powell Bill Proceeds) The fiscal year 1994-95 budget contains $2,404,000 in Powell Bill proceeds to be used for street maintenance, construction, re-construction and paving activities. Several weeks ago the City received its actual receipt in the amount of $2,530,000, or $126,000 over the budget estimate. The additional amount of Powell Bill proceeds is due to higher final population figures for the City and greater than expected highway use taxes. This ordinance appropriates the excess amount to infrastructure capital activities. I. Approve N.C. DOT request for No Parking Zone on Cedar Creek Road at City limits. ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO.11/PARKING PROHIBITED). ORDINANCE NO. NS1994-30. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book No. NS1994. J. Set public hearing for November 7, 1994, to consider 25 miles per hour speed limit on Devonwood Subdivision. K. Approve bid award for purchase of Power Plan Heat Tracing Replacement and associated Insulation Replacement to Ellington Insulation in the amount of $314,240.(PWC) Bids received were as follows: Ellington Insulation (Wilmington, NC) $314,240.00 Elk Electric (Raleigh, NC) $370,877.00 Bryant Electric (High Point, NC) $378,000.00 L. Approve bid award for purchase of 200,000 feet of 1/0 ALCN EPR 25kV 1/C Cable to Scott-Parish Electrical Supply in the amount of 276,616.00.(PWC) Bids received were as follows: Scott-Parish (Raleigh, NC) $276,616.00 WESCO (Raleigh, NC) $279,000.00 Power Supply (Matthews) $291,800.00 Eastern Electric (Rocky Mount, NC) $296,400.00 Power & Telephone (Nashville, TN) $298,400.00 Rigby Electric (Rocky Mount, NC) $302,000.00 M. Approve bid award for purchase of 14” Metal Seated High Series Isolation Valve to Mechanical Equipment (Matthews, NC) in the amount of $24,150.00, sole supplier.(PWC) N. Approve bid award for construction of Vander to Cedar Creek Road 8”, 16” and 24” water main to Blue Construction Company in the amount of $442,227.00. (PWC) Bids received were as follows: Blue Construction (Sanford, NC) $442,227.00 Frank Horne Construction Co. (Fairbluff, NC) $448,134.00 Yates Construction Co., Inc. (Stokesdale, NC) $457,146.00 T. A. Loving Company (Goldsboro, NC) $548,468.00 W. M. Paris & Associates (Charlotte, NC) $558,208.95 State Utility Contractors (Monroe, NC) $558,966.60 Billings & Garrett (Raleigh, NC) $597,748.00 Dellinger, Inc. $645,881.50 3. Consideration of request to address City Council from Dawn Hester, Chairperson, Fayetteville Appearance Commission. Ms. Hester said the Fayetteville Appearance Commission voted to bring two problems they see to the Council. The first being uncontained yard trash, which contributes negatively to the overall appearance of the City and creates problems in the storm drains by clogging them with debris. They requested Council have City staff investigate a solution to this problem. The second item is dealing with the five-wheel trailers that are typically used for transporting freight on the highways. These are being used as storage containers, truckload sales, and exhibit spaces to sell merchandise at various parking lots and stores. They requested that Council have staff investigate the current ordinance and work with Appearance Commission to prepare an amendment to make this a more attractive and inviting City. Following discussion, Councilmember Kendrick moved to refer this item to the City Attorney, seconded by Councilmember Blackwell and carried unanimously. 4. Consideration of the rezoning from R6 Residential District and C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the north side of Yadkin Road, west of Skibo Road (US HWY 401 Bypass) and being a portion of the property of Ralph C. and Helen W. Averette. (P94-154) Planning Director Vaughan presented this item with a recommendation from the Planning Department for approval to C3. Councilmember Bolton moved to follow the recommendation to re-zone to C3, seconded by Councilmember Robertson and carried unanimously. 5. Consideration of the rezoning from C3 Heavy Commercial District to M2 Industrial District or to a more restrictive zoning classification for an area located on the east side of Williams Street, between Smith and Kyle Streets and being the property of J. T. Maloney, Jr., and Robert McCoy, Jr., et al, and the M.D. Bennett heirs. (P94-158) Planning Director Vaughan presented this item with a recommendation from the Planning Board and staff for approval. Councilmember Bolton moved to approve the rezoning request, seconded by Councilmember Kendrick and carried unanimously. 6. Discussion of funding of Park Capital Improvements (Seabrook Pool and others). Greg Edge, Chairman of the Parks & Recreation Advisory Commission presented this item with two proposals. Proposal one would be to replace Seabrook pool using possible funding from Redevelopment's CDBG funds. The estimated cost is $750,000 to $1,000,000. Also to repair the existing Seabrook pool until the new pool is completed. Proposal two would be whether to seek a bond proposal for a variety of capital parks improvements and if so, when. There was discussion concerning indoor or covered pools, the number of pools and the possible funding. Councilmember Massey moved to follow the recommendation A. from Mr. Barefoot’s memo, which is to construct two new outdoor swimming pools. One at Seabrook Park as a replacement of the existing pool. The existing Seabrook pool to continue to operate as feasible until new pool is completed. A second pool location to be determined, but should be in the Douglas Byrd or Westover Service Districts. The estimated cost would be $2 million. Councilmember Blackwell seconded the motion for discussion. Councilmember McBryde said he would have to vote against two pools, but would be in favor if the motion was amended for only one pool at a time. Councilmember Blackwell concurred. Councilmember Massey amended his motion to show the proposal number one for the Seabrook pool to be repaired until the replacement pool at the Seabrook Park can be constructed, at an estimated cost of $750,000 to $1,000,000, to be sent through the Redevelopment Commission for possible source of funding to be CDBG Funds. Councilmember Blackwell seconded the amendment and the motion carried unanimously. 7. Consideration of request to purchase a lot on Marlborough Road. This item was presented in the packet with a recommendation to reject the offer of Bryan Kusilka to purchase a lot on Marlborough Road for $10,000 because this property provides the pedestrian access for Glendale Acres and surrounding neighborhoods to the Marlborough Street Park Site Master Plan for Gilmore Park. Councilmember McBryde moved to reject the offer as recommended, seconded by Councilmember Robertson and carried unanimously. 8. Consideration of two resolutions of intent to annex two areas (City-initiated annexations. Recommended Public Hearing Date: December 19, 1994) 1. Area 502 - Southbound Exit Ramp at I-95/Cedar Creek Road Interchange 2. Area 503 - Northbound Exit Ramp at I-95/Cedar Creek Road Interchange (Also includes Northbound Ingress Ramp and Southbound Ingress Ramp) This item was presented in the agenda packet by Deputy City Manager Stancil with a recommendation to adopt the resolutions setting the public hearing for December 19, 1994. RESOLUTION OF INTENT TO CONSIDER ANNEXATION OF AREA 502-NORTH BOUND EXIT RAMP AT I-95/CEDAR CREEK ROAD. RESOLUTION NO. 1994-95. RESOLUTION OF INTENT TO CONSIDER ANNEXATION OF AREA 503-SOUTH BOUND EXIT RAMP AT I-95 AND SET PUBLIC HEARING FOR DECEMBER 19, 1994. RESOLUTION NO. R1994-96. Councilmember Kendrick introduced the foregoing resolutions and moved their adoption, seconded by Councilmember McBryde and carried unanimously. Copies of the foregoing resolutions are on file in the clerk’s office in Resolution Book R1994. 9. Consideration of acceptance for City maintenance those private streets listed below: 1) Pine Meadow Dr. - from Pamalee Dr. to Dead End 2) Roanoke Road - from Darian Dr. To Delaware Dr. 3) Potomac Road - from Edmonton Rd. to Delaware Dr. 4) Delaware Drive - from Potomac Rd. to Roanoke Rd. 5) Meeting Street - from Cool Spring St. to Dead End This item was presented by City Manager Smith with a recommendation to set the public hearing for November 7, 1994. Following some discussion, Councilmember Bolton moved to follow the recommendation, seconded by Councilmember McBryde and carried unanimously. 10. A. Consideration of adoption of ordinance amending various provisions of Chapter 9A, "Burglary and Robbery Alarm Systems Regulations", of the Code of Ordinances of the City of Fayetteville. B. Consideration of approval of fee schedule for burglar and fire alarm response. Deputy City Manager Stancil presented this item. He said that he, Police Chief Hansen, and Fire Chief Piner met with representatives of the alarm industry consisting of Stephen Wheeler, Dick Gill, and Terry Lillich. The amendments are the same that were presented on October 3, 1994, and they are recommending adoption of the ordinance and the fee schedule effective January 1, 1995, to allow the alarm companies to notify their customers. ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 9.A, "BURGLARY AND ROBBERY SYSTEMS REGULATIONS". ORDINANCE NO. S1994-014. Please note: to view the table, please see the printed copy of the City of Fayetteville Meeting Minutes. Following discussion, Councilmember Bolton moved to adopt the foregoing ordinance and fee schedule, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the clerk’s office in Ordinance Book S1994. 11. Consideration of enhanced health care benefits for City employees and dependents. City Manager Smith said this benefit is for the active employees only and the recommendation is to have Council authorize the City Manager to negotiate and execute a contract to provide the enhanced employee health care benefits in an amount not to exceed $100,000, representing the estimated first year’s premium with the Lexington Insurance Company. The benefits will be effective January 1, 1995 and there will be no rate increase to employees during the initial plan year. Councilmember Cheek moved to follow the recommendation, seconded by Councilmember Blackwell and carried unanimously. 12. Consideration of schedule for October 31, 1994, joint meeting. (Location of meeting: Highland Presbyterian Church Fellowship Hall) Mr. Smith said the County Commissioners requested the time be changed to 5 p.m. for the joint City Council/PWC/County Commissioners meeting on October 31, 1994, at the Highland Presbyterian Church Fellowship Hall. Councilmember Kendrick moved to set the time of the joint meeting to 5 p.m., October 31, 1994, at Highland Presbyterian Church Fellowship Hall, seconded by Councilmember Blackwell. Councilmember McBryde said he felt this should be for information only and requested that Mr. Kendrick’s motion be amended to include no vote being taken at this meeting. Mr. Kendrick said he considered this to be an information type meeting where no action would be recommended. Mr. Smith said there would be no recommendations for action made at this joint meeting. Following further discussion, Mayor Dawkins called for a vote and it carried 8 to 1 with Councilmember Robertson voting in opposition. 13. Consideration of setting date/location for Council retreat. This item was presented in the packet by City Manager Smith with a recommendation for December 9, 1994, at the Airport Conference Room with the meal to begin at 6 p.m. and the session to be continued all day on December 10, 1994. He has contacted Becky Veasey, who facilitated the planning retreat last year. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember McBryde and carried unanimously. 14. APPOINTMENTS: A. Nominations to fill one vacancy on Joint Senior Citizens Advisory Commission. Council unanimously elected Ms. Katherine Marable to fill the vacancy. B. Nominations to fill three vacancies on Historic Resources Commission. Councilmember Ross nominated Mr. Artheneus Dew in the at-large category; Councilmember Blackwell nominated Mr. Bill Hester in the realtor/developer category; and Councilmember Massey nominated Ms. Janice Smith in the Historic District property owner category. C. Nominations to fill three vacancies on Parks and Recreation Advisory Commission. Mayor Dawkins called for a vote on the four nominees for the three positions. Mr. Landon Hadley was elected with five votes to a second term; Rev. Sandy Saunders was elected with nine votes to fill a vacancy; and Mr. Darden Jenkins was elected with nine votes to serve in the third vacancy. Ms. Linda Smith received three votes. D. Appointment to PWC Retirement Board. Councilmember McBryde moved to appoint Steve Blanchard, PWC Manager to replace Tim Wood on the PWC Retirement Board. The motion was seconded by Councilmember Blackwell and carried unanimously. E. Nominations to fill one vacancy on Human Relations Commission. Councilmember Massey nominated Dr. Hubert Doub to fill the unexpired term of Richard Culbreth to March 1996. 15. Administrative Reports: A. Statement of taxes collected for the month of September, 1994, from the Cumberland County Tax Collector in the amount of $1,620,046.87. B. Statement of 1994 Tax Levy for the City from the Cumberland County Tax Collector: Please Note: To view the table, please see the printed copy of the City of Fayetteville Meeting Minutes. C. Report of tax refunds less than $100: Please Note: To view the table, please see the printed copy of the City of Fayetteville Meeting Minutes. D. Report on Valencia Drive request was submitted in the agenda packet. E. Update on Olde Fayetteville Investments Projects was submitted in the agenda packet. INFORMATION ITEMS: 1. Report from Councilmember Robert Massey on NCLM Convention. 2. Memo from Councilmember Suzan Cheek regarding honoring Dr. Martin Luther King. 3. Letter from NCDOT regarding status of Spot Safety Work Orders. 4. Status report on City Council traffic signal requests. 5. Report on Raeford Road and Purdue Street pedestrian signal request. 6. Report on Cape Fear Valley Medical Center area parking study. 7. Status Report on Luther Avenue from Village Drive to Purdue Drive. 8. Letter from Cablevision regarding rate increases. 9. Fayetteville Police Department - monthly report for September from the Office of Professional Standards. 10. Convention and Visitors Bureau - minutes of September 8, 1994. 11. Joint Planning Board - minutes of August 16, September 6, September 20 and October 4, 1994 12. Airport Commission - minutes of September 27, 1994. 13. P&R Advisory Commission - agenda for October 24, minutes of September 26, 1994. 14. Appearance Commission - agenda for October 25, 1994. Councilmember Cheek referred to information item 5. She said that since NCDOT denied the request for a pedestrian signal at Raeford Road and Purdue Drive, then the City should pursue this because of the number of accidents and the potential hazard there. Dr. Cheek moved to get an estimate and referred this matter to the Council’s Streets and Roads Committee. The motion was seconded by Councilmember McBryde and carried unanimously. Councilmember Ross asked Traffic Engineer Chalmers to check into the signal lights at each end of Commerce Street. City Attorney Cogswell requested to have corrections made to minutes of September 9, 1994, as item 2.B. Mr. Cogswell said he discovered the errors as he was researching for the information Council requested concerning private streets for maintenance in Stonebridge subdivision. On page 3, item 3.B., first line of the item should show "Special" Use Permit and not "Byrd" Use Permit the paragraph under the item named should be moved to item 8.A. On page 11, item 8.A., first line of paragraph should show adoption "of" a resolution not "or" a resolution. Councilmember Bolton moved to make the corrections as recommended, seconded by Councilmember McBryde and carried unanimously. Councilmember Kendrick referred to the information item 6. concerning the parking in the Cape Fear Valley Hospital area and moved to refer this to the Council’s Streets and Roads Committee, seconded by Councilmember Bolton and carried unanimously. 16. Request for closed session for litigation. City Attorney Cogswell stated that the owners of Lochwood Pond sued the owners of Evans Lake and they in turn sued the City, several named people in their official capacity and several commercial owners on Bragg Boulevard and Sycamore Dairy Road. He is requesting Council enter a closed session to discuss this litigation. Councilmember McBryde moved to enter closed session for litigation at 9:15 p.m., seconded by Councilmember Bolton and carried unanimously. Council entered regular session at 9:30 p.m. upon motion and second. There being no further business the meeting was adjourned upon motion and second. SPECIAL MEETING MINUTES OCTOBER 31, 1994 FAYETTEVILLE CITY COUNCIL, PUBLIC WORKS COMMISSION, AND CUMBERLAND COUNTY COMMISSIONERS SPECIAL MEETING MINUTES HIGHLAND PRESBYTERIAN CHURCH FELLOWSHIP HALL 111 HIGHLAND AVENUE OCTOBER 31, 1994 5:00 P.M. Present: FAYETTEVILLE CITY COUNCIL Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell; Milo McBryde; Nat Robertson, Jr.; Tommy Bolton; Ida Ross; Robert A. Massey, Jr.; Thelbert Torrey; Suzan Cheek; and Mark Kendrick PUBLIC WORKS COMMISSION Chairman Lyndo Tippett Commission Members Robert C. Williams; William H. Owen, III; and Milt Wofford CUMBERLAND COUNTY COMMISSIONERS Chairman J. Lee Warren, Jr. Commission Members John V. Keefe, Jr.; Billy R. King; Thomas B. Bacote; and Johnnie Evans Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Clifford Strassenburg, County Manager Steve Blanchard, Director of Public Works Commission Henry Powers, Public Works Commission Mick Noland, Public Works Commission 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.) The meeting was called to order jointly by Mayor J. L. Dawkins, Lyndo Tippett, Chairman of the Public Works Commission, and Lee Warren, Chairman of the Board of the Cumberland County Commissioners. I. Background and introduction. County Manager Clifford Strassenburg presented an overview of the concept for the extension of water and sewer within the Fayetteville/Cumberland County metropolitan area. He reviewed the history of water and sewer extensions to date and the discussions that had taken place with Mayor Dawkins, Chairman Warren, Chairman Tippett, and the three respective managers. II. Existing water and sewer service. Steve Blanchard, Director of the Fayetteville Public Works Commission, reviewed the existing water and sewer services owned by the City of Fayetteville and managed by the Public Works Commission in the metropolitan area of Cumberland County. III. Wilbur Smith & Associates Water and Sewer Study. County Manager Strassenburg reviewed the development of the Wilbur Smith & Associates Water and Sewer Study for the metropolitan area of Cumberland County. IV. City of Fayetteville annexation plan through 2000. City Manager John Smith presented the City of Fayetteville's annexation plan through the year 2000. City Manager Smith advised that phase one of the annexation plan had been implemented in 1994 and City staff was beginning to put together phase two for 1996. City Manager Smith indicated that when the annexation plan was developed, City staff had available to it the Wilbur Smith & Associates Water and Sewer Study, and used it in developing the plan, along with other considerations such as the Voting Rights Act and existing services. City Manager Smith advised that the City's annexation plans call for annexation of 8 of the first 11 priorities of that study. V. Proposed financing techniques. Steve Blanchard, PWC Director, then explained the proposed financing techniques to include the establishment of capital reserve fund annual budget appropriations. Other sources of funding would also include special assessments and impact fees to replenish the reserve fund. VI. Key decisions. County Manager Strassenburg concluded with a discussion of the decision points that would have to be made in the future by all three bodies. Included among these decisions were financing strategies, to include development of the revolving fund which is the most important part of the financial strategies. Additionally, financial strategies would include design and implementation of impact fees, the development of uniform special assessment policies, and the design and implementation of the availability charges for the program. He also discussed that decisions would have to be made concerning growth management strategies. These decisions would involve the requirement of water and sewer extensions and connections for new developments within a reasonable period of time, the prohibition against dense (urban) development on septic tanks, a requirement that water and sewer hookups be made within a specific period of time of service availability, and the implementation of the City's second, third, and fourth phase annexation plans. Following the foregoing presentations, comments concerning the conceptual plan as presented were made by Commissioners Bacote, King, Keefe, Warren, and Evans, PWC Chairman Tippett, Mayor Dawkins, and City Councilmembers Ross and Massey. Motion was made by Commissioner Bacote to adopt the plan in concept and seconded by Commission Evans. Upon further consideration, the motion was withdrawn. Commission Chairman Warren indicated the matter would be on the County Commissioner's agenda for the following Monday meeting. PWC Director Blanchard commented that the cost of implementing the Wilbur Smith & Associates plan was approximately $150 million, and that this could not be done immediately, but would be a slow process. Thereafter, comments were made by Councilmember Cheek suggesting that there should be a briefing of our state legislative delegation in the event that local legislation was needed. Councilmember Blackwell also commented of the need to begin the process. There being no further discussion, Councilmember Robertson moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously 9 to 0. The meeting adjourned at 6:10 p.m. REGULAR MEETING NOVEMBER 7, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING NOVEMBER 7, 1994 7:00 P.M. CITY HALL COUNCIL CHAMBER 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 for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Al Mitchell, Assistant Planning Director Mike Walker, City Engineer Kai Nelson, Finance Director Louis Chalmers, City 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 Dr. David Crocker, Snyder Memorial Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins reminded everyone of the public hearing to be held by the Council's Streets and Roads Committee on Monday November 14, 1994, 7:00 p.m. at the Beth Israel Center on Morganton Road concerning sidewalks on Morganton Road. 1. APPROVAL OF AGENDA Councilmember Kendrick moved to approve the agenda as submitted, 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 Massey requested to pull item E. and Councilmember Cheek requested to pull item H. for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of items E. and H. The motion was seconded by Councilmember Bolton and the following items were unanimously approved. A. Approve minutes of regular meeting of October 24, 1994. B. Approve minutes of joint meeting with Cumberland County and Public Works Commission held on October 31, 1994. C. Approve bid award for purchase of structures and equipment for Owen Drive Substation to M.D. Henry Company in the amount of $248,525.00. (PWC) Bids received were as follows: M. D. Henry Company (Pelham, Ala.) $248,525.00 Clark Corporation (Charlotte, N.C.) $260,125.00 D. Adopt ordinance amending Section 20-120, Parking In Front of the Fayetteville Regional Airport, of the Fayetteville City Code. ORDINANCE AMENDING SECTION 20-120, PARKING IN FRONT OF FAYETTEVILLE REGIONAL AIRPORT. ORDINANCE NO. S1994-15. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1994. E. (Pulled for Discussion) F. Approve Lease Agreement with Cumberland County for Lease Space One in the former City Hall building. G. Set public hearing for November 21, 1994, to consider the establishment of the number of Certificates of Convenience and Necessity for Taxicabs operating within the City of Fayetteville. H. (Pulled for Discussion) I. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, of the Fayetteville City Code. (Traffic Schedule Number 10 - Loading Zones on Carol and Russell Streets) ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLE AND TRAFFIC (TRAFFIC SCHEDULE NO. 10 - LOADING ZONE ON CAROL AND RUSSELL STREETS.) ORDINANCE NO. NS1994-31. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1994. 2-E. Approve Lease Agreement with Bragg Mutual Federal Credit Union for space in City Hall. Councilmember Massey asked for clarification if the annual amount of the lease is the same. City Attorney Cogswell said that there are several short term leases that staff is trying to have terminated at the same time. The lease amount will be the same although the term will be shorter. Mr. Massey asked if the utility costs have increased and Mr. Smith answered that they have not. Councilmember Massey moved to approve the lease agreement as recommended, seconded by Councilmember McBryde and carried unanimously. 2-H. Accept deed for Clark Park property from Cumberland County. Councilmember Cheek said this item is on the agenda but nothing was in the newspaper concerning this item. Dr. Cheek moved to accept the deed for Clark Park, seconded by Councilmember Kendrick and carried unanimously. At this time City Attorney Cogswell referred to item 2-E. to correct his statement. The lease Council voted on is a one year lease and the item 2-F. is a short term lease. The answer to Mr. Massey's question is the same. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and non-public hearings. A. Consideration of the rezoning from C1 Local Business District to R5 Residential District or to a more restrictive zoning classification for an area located at 2000 Murchison Road and being the property of Mary Washington Jones and Mary and George Jones. (P94-143) Assistant Planning Director Mitchell presented this item stating that this public hearing had been set by Council and the Planning Board recommends approval. The public hearing was opened at 7:13 p.m. and speaking in favor was John Graves, 2300 Slater Avenue. He said he was speaking on behalf of Ms. Jones and requested Council approve this rezoning. There being none further to speak on this matter the public hearing was closed at 7:15 p.m. Councilmember Bolton asked if this could be considered spot zoning. Mr. Mitchell and Mr. Cogswell assured him that it was not spot zoning. Councilmember Bolton moved to follow the recommendation to rezone this property to R5, seconded by Councilmember Ross. Councilmember Cheek said she had this item set for public hearing because this area is zoned predominately C3 and feels that putting a residential zoning in the middle of all this commercial would present problems in the future. Councilmember Robertson agreed with Councilmember Cheek. Mayor Dawkins called for a vote on the motion to rezone the property to R5 and it carried 7 to 2 with Councilmembers Cheek and Robertson voting in opposition. B. Consideration of an application by Franklin S. Clark for a Special Use Permit as provided for by Article IV, Section 32-23(4A) of the City of Fayetteville Code of Ordinances to allow grounds and facilities for a private golf course in the P1 Professional District, C1P Shopping Center District and R5 Residential District for an area located on the west side of Village Drive and the east side of Purdue Drive, and south of Luther Avenue and the Aberdeen and Rockfish Railroad and being a portion of the property of the Franklin S. Clark and M. S. Clark Trust. (P94-150) This item was presented by Assistant Planning Director Mitchell stating that the Planning Board recommends approval upon the finding that the proposed uses would fit in with the character of the area and not be detrimental to the surrounding neighborhood. Mr. Mitchell said they also had four conditions which would be that the drainage plans for the drive and parking areas be approved by the City Engineer; there be compliance with all standards of the Fayetteville landscape ordinance; that all lighting be directed away from all streets and residential areas; and that landscaping of Leland Cypress is to be used as a buffer along the property line bound by the railroad track. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:23 p.m. The City Clerk swore in Mr. Angelo D'Aloisio, 1530 Cardiff Drive. He stated he was neither for or against this request, however, he wants to know if there were any more uses planned for this property and is it for retirement. Mr. Mitchell answered that the Board of Adjustment did grant the variance, but there has been a lot of vacant land there and Mr. Clark has come up with a plan for the property. The clerk administered the oath to the petitioner Dr. Franklin Clark of 500 Forest Lake Road. He said the church near the property had benefited from the fence and the Leland Cypress enhances the appearance of the area. Councilmember Ross asked Dr. Clark if the club he is planning is an integrated club. Dr. Clark said the Dark Branch Tennis and Swim Club is a private club and it is integrated with Afro-Americans and Native Indians that are members. The golf course is listed "private" because it is not a public, meaning municipal, golf course, but it will be open for public play. Councilmember Cheek asked about the large amount of vacant land within the area he is requesting a Special Use Permit. Dr. Clark said it is a driving range, which will be used as a golf learning center for skill enhancement. Councilmember Torrey asked if golf balls will be landing on either Purdue Drive or Village Drive and Dr. Clark responded they are taking all precautions to keep this from happening and are prepared to move one of the greens if necessary. There was none to speak in opposition and the public hearing was closed at 7:30 p.m. Councilmember Kendrick moved to approve the Special Use Permit with the findings and conditions as listed above, seconded by Councilmember Massey and carried unanimously. C. Consideration of revisions and amendments to the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-32, C3 Heavy Commercial District, by creating a new Subsection (14.1) which would allow grounds and facilities for miniature car or go-cart courses (tracks) upon and after obtaining a Special Use Permit to be issued by the City Council. (P94-162) Assistant Planning Director Mitchell presented this item with a recommendation by the Planning Board for adoption of the amendment to the ordinance, including the 200 foot setbacks. This is the advertised public hearing for this date and hour. Councilmember Cheek referred to the Planning Board Minutes that states she is agreeable to the 200 foot setback (as stated in the minutes by the City Inspector.) Dr. Cheek said this is not accurate. She said she did not make a recommendation to the Planning Board because Council was requesting the Planning Board to make a recommendation to them. Dr. Cheek also requested that the Planning Board look into including the M1 District also. Councilmember Kendrick questioned the effect of the noise ordinance on the mini-carts or go-carts. Mr. Mitchell said they would have to comply with the noise ordinance. The public hearing was opened at 7:43 p.m. and speaking in favor was Attorney Stacy Weaver, 222 Maiden Lane, representing Phil Davis and Carolina Playgrounds. He reviewed the Special Use Permit restrictions and said there are other safeguards in the ordinance. Mr. Weaver said his client had a study done to make sure their noises would be under the limit of the decibals. He said this would be a wholesome family-type operation, that this item is for the amendment to the ordinances only. Speaking in opposition was Attorney Graham Gurnee, representing Scotty Hill Subdivision. He said the residents feel that the parents will use this go-cart operation as a baby-sitter and that the crime will increase in the area. Mr. Gurnee said they need sufficient setback. Approximately 20 people stood in opposition to this ordinance amendment. Also speaking in opposition was Mr. Andrew Nix, 3613 Drayton Road. He said there had only been two crime instances in the past 33 years. Mr. Nix said they are afraid that the increase in the noise and crime would cause a devaluation of their property. Mr. Weaver spoke in rebuttal saying that he feels that there has been some misunderstanding of what is planned for this area. It is strictly a family-oriented operation, which will be supervised and there will be no drinking. Mayor Dawkins asked the City Attorney to explain tonight's action. Mr. Cogswell said that this ordinance contains the minimum requirements for Special Use Permits and approval would allow the possibility of these uses in C3 by Special Use Permit. ORDINANCE CREATING CHAPTER 32, SECTION 32-32, SUBSECTION (14.1). ORDINANCE NO. S1994-016. Councilmember Bolton moved to adopt the ordinance as recommended by the Planning Board, seconded by Councilmember Ross. Councilmember Robertson offered a substitute motion to adopt the ordinance but change the setbacks from 200 feet to 300 feet. The motion was seconded by Councilmember Torrey. Councilmember Bolton stated he felt we should not restrict the setbacks so much that it would keep something ideal for a location from operation. Mayor Dawkins called for a vote on the motion and it carried 6 to 3 with Councilmembers Blackwell, Bolton and Massey voting in opposition. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1994. At this time Mayor Dawkins commented on the soccer fund-raising. He said that pledges and money have been raised in the amount of $983,000 and more than $400,000 is needed. D. Consideration of revisions and amendments to the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-28, by deleting Subsection (31) in its entirety and providing a substitution. (P94-163) Assistant Planning Director Mitchell presented this item stating that it is dealing with commercial zones and is to cover outdoor amusements in the City. This amendment also specifies 200 feet for setbacks. This is the advertised public hearing for this date and hour. The public hearing was opened at 8:38 p.m. and there being none to speak in favor or opposition the public hearing was closed. ORDINANCE AMENDING SECTION 32-28, SUBSECTION (31), (OUTDOOR AMUSEMENTS). ORDINANCE NO. S1994-017. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde. Councilmember Cheek stated she has observed some of the outdoor amusements and found them to be very noisy, therefore she offered a substitute motion to adopt the ordinance with a change of the setbacks from 200 to 300 feet. The motion was seconded by Councilmember Robertson and carried 8 to 1 with Councilmember Bolton voting in opposition. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1994. E. Consideration of adoption of resolution closing a portion of Simmons Street. City Manager Smith presented this item stating that it is to clean up the deed. The City owns the property on both sides of Simmons Street which is a dedicated street. This is the advertised public hearing for this date and time. He recommended adoption of the resolution. The public hearing was opened at 8:44 p.m. and there being none to speak in favor or opposition the public hearing was closed. RESOLUTION IN ORDER CLOSING A PORTION OF SIMMONS STREET. RESOLUTION NO. R1994-97. 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 R1994. F. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 miles per hour for Devonwood Subdivision. Traffic Engineer Chalmers presented this item. He said they have received petitions signed by the majority of the residents in the Devonwood subdivision requesting the speed limit reduction on their street to 25 mph. Mr. Chalmers stated they have included all the streets and cul-de-sacs of the subdivision to make this uniform. This is the advertised public hearing for this date and hour. The public hearing was opened at 8:45 p.m. and speaking in favor was Don Talbot, 7135 Evanston Street. He asked Council to please consider reducing the speed limit in their subdivision and include Shadsford Boulevard, which is an entrance to Devonwood. There being none further to be heard on this matter the public hearing was closed at 8:54 p.m. ORDINANCE AMENDING SECTION 20-21 MOTOR VEHICLE AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL.) ORDINANCE NO. NS1994-32. Councilmember Blackwell introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Cheek. During discussion it was established that Shadsford Boulevard was added to the ordinance without a petition. Councilmember Robertson asked the City Attorney to read the current policy concerning changing the speed limit. Mr. Cogswell read the policy, which required a petition for a speed limit reduction. Councilmembers Robertson, Kendrick and McBryde stated they felt we should follow this policy. Following some further discussion, Councilmember Bolton amended his motion to delete Shadsford Boulevard on the ordinance and Dr. Cheek accepted the amendment. Mayor Dawkins called for a vote on the motion to adopt the ordinance reducing the speed limit with exception of Shadsford Boulevard and it carried 7 to 2 with Councilmembers Robertson and Kendrick voting in opposition. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1994. Councilmember Bolton moved to have a Council Policy Committee meeting to consider the speed limit in subdivision. The motion was seconded by Councilmember Cheek and carried unanimously. G. Consideration of acceptance for City maintenance those private streets listed below: 1) Pine Meadow Dr.-from Pamalee Dr. to Dead End 2) Roanoke Road-from Darian Dr. to Delaware Dr. 3) Potomac Road-from Edmonton Rd. to Delaware Dr. 4) Delaware Drive-from Potomac Rd. to Roanoke Rd. 5) Meeting Street-from Cool Spring St. to Dead End City Manager Smith presented slides and the background on these streets to be accepted. He said these streets were petitioned before the moratorium. Mr. Smith recommended acceptance or the maintenance of these streets in accordance with the current policy. Pine Meadow Dr. and Meeting Street have the dedicated right-of-way but the other streets would need to dedicate the right-of-way of 40 feet within one year. This is the advertised public hearing for this date and hour. The public hearing was opened at 9:21 p.m. and there being none to speak in favor or opposition, the public hearing was closed. Councilmember McBryde moved to accept the five streets as recommended, seconded by Councilmember Blackwell and carried unanimously. At this time Councilmember Bolton requested to abstain from item 4. Councilmember McBryde moved to allow Councilmember Bolton to abstain from discussion and voting on item 4., seconded by Councilmember Kendrick and carried unanimously 8 to 0. 4. Consideration of adoption of a resolution providing for the issuance of $6,900,000 General Obligation Public Improvement Bonds, Series 1994. This item was presented by City Manager Smith and Finance Director Nelson, with a recommendation for adoption of the resolution. Mr. Nelson said these bonds would be sold competitively. RESOLUTION PROVIDING FOR THE ISSUANCE OF $6,900,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1994. RESOLUTION NO. R1994-98. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Bolton abstaining. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1994. 5. Consideration of adoption of annexation report for two exit ramp areas located at the I-95/Cedar Creek Road Interchange. The areas are as follows: A. Area 502 - Southbound Exit Ramp at I-95/Cedar Creek Road Interchange. B. Area 503 - Northbound Exit Ramp at I-95/Cedar Creek Road Interchange. (Also includes northbound ingress ramp and southbound ingress ramp) This item was presented by Deputy City Manager Stancil with the recommendation to adopt the reports. After examination and discussion of the report of plans for extending services to the areas to be considered for annexation, Councilmember McBryde moved to approve items A. and B. as recommended, seconded by Councilmember Bolton and carried unanimously. 6. Consideration of approval of sidewalk participation project for Three Lakes Subdivision. This item was presented in the agenda packet and the City Manager recommended approval. Councilmember Bolton moved to follow the recommendation for approval of sidewalk participation project for Three Lakes Subdivision, seconded by Councilmember Kendrick and carried unanimously. 7. Consideration of amendments to Chapter 30 and 32 of the Fayetteville City Code regulating trailers in commercial parking lots. City Attorney Cogswell presented this item and requested Council defer this to the next meeting because it has been brought to his attention that there is an additional type of trailer that is not covered in the proposed ordinance. Councilmember Bolton moved to refer this item to the next meeting, seconded by Councilmember Kendrick and carried unanimously. 8. Report from Streets and Roads Committee. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, of the Fayetteville City Code. (Traffic Schedule Number 11 - Parking Prohibited on Oliver Street) Councilmember Kendrick, Chairman of the Council's Streets and Roads Committee, recommended adoption of an ordinance to prohibit parking on Oliver Street. AN ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 11 - PARKING PROHIBITED ON OLIVER STREET). ORDINANCE NO. NS1994-33. Councilmember Kendrick moved to adopt the foregoing ordinance, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1994. Councilmember Kendrick reminded everyone of the meeting on the upcoming Monday, concerning the sidewalks on Morganton Road to be held in the Morganton Road area as a public hearing. Councilmember Kendrick said there would be a meeting with property owners in the Cape Fear Hospital area to consider parking in the entire area. 9. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. (Landscape category) There were no nominations to fill the vacancy in the landscape category to December 1995. B. Nominations to fill two vacancies on Fair Housing Board. Councilmember Bolton nominated Ms. Charnell Green for a second term. There were no nominations to fill the vacancy of Mr. William Pratt. C. Nominations to fill three vacancies on Historic Resources Commission. Mayor Dawkins called for a vote on the nominations of Mr. Artheneus Dew, at large; Mr. Bill Hester, Realtor/Developer; and Ms. Janice Smith, Historic Property Owner. The three were elected 6 to 3 with Councilmembers McBryde, Bolton and Kendrick voting in opposition. D. Nominations to fill one vacancy on Human Relations Commission. Councilmember Ross stated she felt that this commission was overloaded with Afro-Americans. Mayor Dawkins called for a vote on the nomination of Dr. Hubert Doub and he was elected 8 to 1 with Councilmember Ross voting in opposition. At this time Councilmember Blackwell requested that the City Manager report to the Chamber of Commerce on the recent water and sewer meeting in hopes to have more people informed. 10. ADMINISTRATIVE REPORTS: A. Report on termination of Interlocal Undertaking for the Farmers Market submitted in agenda packet. B. Statement of taxes collected for the month of October, 1994, from the Cumberland County Tax Collector in the amount of $2,211,542.34. C. Report on Olde Fayetteville Investment properties. This report was submitted in the agenda packet. INFORMATION ITEMS: 1. Traffic Services - report on Community Information Meetings. 2. Memo from Transit Director regarding bus shelter installation. 3. Letter of appreciation from NCLM for The Roll’rz performance during Convention in Asheville. 4. Status report on Maiden Lane fence project. 5. Appearance Commission - minutes of September 27 and October 10, 1994. 6. Greenways Study Committee - minutes of September 12 and October 10, 1994. 7. Historic Resources Commission - minutes of September 27, 1994. 8. Redevelopment Commission - minutes of October 12, October 21, 1994. 9. Redevelopment Commission Wilmington Road Drainage Ditch Ad Hoc Committee - minutes of October 31, 1994. 10. Human Relations Committee - agenda for November 10, 1994, and minutes of October 13, 1994. There being no further business the meeting was adjourned at 9:44 p.m. upon motion and second. REGULAR MEETING NOVEMBER 21, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 21, 1994 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 7:37 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 Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, City Traffic Engineer Frank Simpson, Inspections Superintendent Janice Gerald, Community Development & Housing Manager Ron Hansen, Chief of Police Steve Blanchard, PWC Manager Ms. Toni Sanchious, Executive Director of the Teen Involvement Projects, Inc. 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 Reverend Ben West, Pastor of Westminster Presbyterian Church on Village Drive, offered the Invocation followed by the Mayor leading in the Pledge of Allegiance to the American flag. RECOGNITION Mayor Dawkins acknowledged that our Police Department was the 122nd Law Enforcement Agency in the world to receive the international accreditation, and we were the fourth one in North Carolina to receive this. Mayor Dawkins recognized Police Sergeant Katherine Guillette, Accreditation Manager, Chief Ron Hansen and Major George Moyd for all their hard work to achieve this recognition. Major Moyd said he spoke with the Chief Inspector following the three day on-site inspection and was told this is the first on-site inspection where there were no discrepancies to his knowledge. The next assessment will be in three years instead of five years. 1. APPROVAL OF AGENDA City Manager Smith presented two corrections to the agenda under consent. He said that item 2-G. should say approve lease agreement with Cumberland "Community" Action and not to the Cumberland "County" Action program. Also the backup for 2-K. shows a different lease than what is listed on the agenda. Mr. Smith distributed a copy of the correct lease. Councilmember Robertson moved to approve the agenda with the corrections, seconded by Councilmember Ross and 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. Councilmember Kendrick requested to pull item 2-H. Councilmember Robertson moved to approve the consent agenda with the exception of H. After a second from Councilmember Ross, the consent agenda and following items were unanimously approved. A. Approve tax refunds over $100. Taxpayer's Nature of Clerical Property Amount Name Error Description Mateers Illegal Tax - $1,238.50 Storage Trailer Jurisdiction Rental Inc. Ft.Bragg Stewart Leased Vehicles Rental MVS $470.40 Oldsmobile Correctly Listed on Inc. Lr:1247446 J. W. Tew Adjusted Upper Res. 2732 $553.58 Story Finished to Pecan Drive Attic Finished and 0428-18-30 Deleted One Three 1875 Fixture Bath Siemens Credit Machinery & Business $2,175.60 Corp. Equipment Was Machinery Depreciated on 10 & Year Life and Equipment Should Be 06 Year Cat Scan Life, as this Equipment Is a Cat Scan Machine per Letter Alamance Illegal Tax $159.00 Storage Trailer Jurisdiction Rental Inc. Ft.Bragg B. Adopt Capital Project Ordinance Amendment Change 95-6 (Digital Traffic Signalization). This ordinance amendment appropriates an additional $10,000 to the capital project with the City's share increasing by $2,500. The City local match is available in the Transportation Capital Projects Fund. C. Adopt Special Revenue Ordinance 95-8 (“Booze It and Lose It” DWI overtime enforcement.) The Governor's Highway Safety Program has awarded the Fayetteville Police Department $4,574.00 for funding overtime costs for the "Booze It and Lose It" program. There is no local match requirement on this grant. D. Award of contract for construction of water and sewer extensions and storm drainage improvements to serve Warrenwood Estates to Wellons Construction Inc., lowest bidder in the amount of $472,114.80. (PWC) Bids received were as follows: BIDDER TOTAL BID ALTERNATE BID Wellons Construction $481,461.05 $472,114.80 (Dunn, NC) Triangle Paving $851,661.00 $851,462.00 (Burlington, NC) McDonald Grading $520,309.15 $531,017.15 (Fayetteville,NC) E. Award of contract for construction of water and sewer extensions to serve The Lakes Subdivision to Autry Grading, Inc., lowest bidder in the amount of $1,391,736.70. (PWC) Bids received were as follows: BIDDER TOTAL BID ALTERNATE BID Autry Grading $1,391,785.75 $1,391,736.70 (Fayetteville, NC) Triangle Paving $1,578,481.10 $1,574,033.60 (Burlington, NC) T.A. Loving $1,830,146.00 $1,845,923.00 (Greensboro, NC) R.H. Moore $1,890,931.00 $1,875,622.00 (Murrells Inlet, SC) F. Award of contract for purchase of 3,165’ of 16” Ductile Iron Pipe to Pump & Lighting Company, lowest bidder in the amount of $51,637.61. (PWC) Bids received were as follows: BIDDER BID Pump & Lighting (Fayetteville, $51,637.61 NC) WaterPro Surprise $52,760.55 (Raleigh, NC) Davis Meter & Supply (Raleigh, $52,539.00 NC) Ferguson Enterprises (Fayetteville, $51,684.45 NC) Griffin Pipe (Lynchburg, VA) $51,779.40 Grinnell Corp. $53,172.00 (Charlotte, NC) Pipeline Supply $52,108.56 (Columbia, SC) G. Adopt Resolutions authorizing condemnation proceedings against four property owners for acquisition of easements. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF CLAUDE C. CAPPS AND WIFE, JEAN L. CAPPS. RESOLUTION NO. R1994-99. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF BRIAN LUCAS AND WIFE MARTA LUCAS. RESOLUTION NO. R1994-100. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF EULA CAIN SNOW, WIDOW. RESOLUTION NO. R1994-101. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF EULA CAIN SNOW, WIDOW; WILEY WALTER SNOW,III, UNMARRIED; FRANK CAIN SNOW AND WIFE MELISSA S. SNOW; AND FRANCES SNOW WILLIAMS AND HUSBAND CHARLEY WAYNE WILLIAMS. RESOLUTION NO. R1994-102. Copies of the foregoing resolutions are on file in the clerk's office in Resolution Book R1994. H. (Pulled for Discussion) I. Adopt Ordinance amending Chapter 20, Motor Vehicles and Traffic of the City of Fayetteville Code of Ordinances - revision to Traffic Schedule 6 - Stop Intersections. AN ORDINANCE AMENDING SECTION 20-21, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTION, VARIOUS STREETS). ORDINANCE NO. NS1994-34. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1994. J. Approve Lease Agreement with Cumberland Community Action Program, Inc. for Lease Space Two in the former City Hall. K. Approve Lease Agreement with Cumberland County for Lease Space Three in the former City Hall (Women's Center). 2-H. Set Public Hearing for December 19, 1994 to consider 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 (Fayetteville Ordinance) (P94-164). Councilmember Kendrick said he had received several calls from citizens of the area requesting a January public hearing. Therefore, he moves to set the public hearing for the second meeting in January, seconded by Councilmember Blackwell and carried unanimously 8 to 0 with Councilmember Bolton absent. 3. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and non-public hearings. A. Consideration of the establishment of the number of Certificates of Convenience and Necessity for Taxicabs operating within the City of Fayetteville. Taxicab Review Board Chairman Jerome Brown presented this item stating there were no significant changes and recommended the Certificates of Convenience and Necessity for Taxicabs remain at 110. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:16 p.m. and there being none to speak in favor or opposition, the public hearing was closed. Councilmember Blackwell moved to follow the recommendation to maintain 110 franchises, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Bolton absent. At this time Mayor Dawkins reminded everyone of the change in location of the regular information meeting to District 6 at the Dorothy Gilmore Center for November 28, 1994. Councilmember Blackwell requested to be excused from that meeting because of a mandatory appearance to a job related meeting. Councilmember Kendrick moved to excuse Councilmember Blackwell from the information meeting as requested, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Bolton absent. 4. Consideration of adoption of ordinances amending the Amended and Restated Employees Retirement Plan. PWC Manager Blanchard presented this item with the recommendation for adoption of the ordinances. The first ordinance is for increased benefits and the second ordinance is to cover death before retirement. ORDINANCE AMENDING THE AMENDED AND RESTATED EMPLOYEES RETIREMENT PLAN OF THE PUBLIC WORKS COMMISSION (INCREASED BENEFITS). ORDINANCE NO. NS1994-35. ORDINANCE AMENDING THE AMENDED AND RESTATED EMPLOYEES RETIREMENT PLAN OF THE PUBLIC WORKS COMMISSION (DEATH BEFORE RETIREMENT). ORDINANCE NO. NS1994-36. Following some questions and answers between Council and Mr. Blanchard, Councilmember Cheek moved to adopt the foregoing ordinances seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember Bolton absent. Copies of the foregoing ordinances are on file in the clerk's office in Ordinance Book NS1994. 5. Consideration of request to address City Council from Toni Sanchious, Executive Director of the Teen Involvement Projects, Inc. Ms. Sanchious said the goal of the Teen Involvement Projects, Inc. is for prevention of children having children. She distributed pictures for Council's viewing, having requested assistance for this project. Councilmember Bolton arrived at 7:37 p.m. during the presentation. Discussion by Council revealed that funds are given to the Arts Council, of which the Teen Involvement Projects, Inc. is one of those programs. Councilmembers McBryde, Bolton, Kendrick and Robertson feel that we should follow the budget procedures for the outside agencies. Councilmember Massey moved to refer this item to the staff to determine their needs and what resources we might have to assist. The motion was seconded by Councilmember Cheek and carried 5 to 4 with Councilmembers McBryde, Bolton, Kendrick and Robertson in opposition. 6. Consideration of contracts for renovations to Bonnie Doone Fire Station for police substation to the low bidders. City Manager Smith presented this item with the recommendation to award to the low bidders as indicated below: CONTRACTOR BID Ellis/Walker (General) $158,888.00 Town & Country $18,600.00 (Plumbing) Smith Refrigeration $8,000.00 (Mechanical) M & R Electrical $14,200.00 (Electrical) Total $199,688.00 Bid Tabulations are as follows: GENERAL CONTRACTOR BID Ellis/Walker (General) $158,888.00 PLUMBING Town & Country $18,600.00 Coffman $20,750.00 MECHANICAL Bass Heating & A/C $14,000.00 Smith Refrigeration $8,000.00 Atkins Electrical $12,185.00 ELECTRICAL Watson Electrical $18,600.00 Secon $18,900.00 M & R Electrical $14,200.00 Atkins $31,287.00 Billy's Electric Co. $18,500.00 Councilmember McBryde moved to award the contracts to the low bidders as recommended, seconded by Councilmember Blackwell and carried unanimously. 7. Consideration of offer of property located on Raeford Road at 401 bypass on Beaver Creek (from Attorney Billy Clark). City Manager Smith presented this item with the recommendation to authorize acceptance of the deed of property from Attorney Billy Clark. Mr. Smith said it is wetlands, it fits in with the greenways master plan, and the Fire Department found no obvious hazardous waste on this property. He said there is currently no plan for development of this property. Councilmember Kendrick was concerned with the cost of any cleanup of the soil/water contamination through septic tanks and other means. Mr. Smith said that staff would follow up on this concern. Councilmember Bolton moved to authorize acceptance of the deed as recommended, seconded by Councilmember Blackwell and carried unanimously. Mr. Smith said there will be a stipulation that all taxes will be taken care of. If any tax problems should arise it will come back to Council. 8. Consideration of the following Redevelopment Commission matters: A. Request of Redevelopment Commission for expansion from five to seven members. Assistant City Manager Brown presented this item. He said this Commission has consisted of five members since it began in 1988 and the City has grown tremendously. They feel there is also a need for someone to serve in the category of developer, banking or business. Mr. Brown said research has shown that the charter does not need to be amended to increase the number of members. A resolution or ordinance would accomplish this. Councilmember Blackwell moved to initiate option to expand from 5 to 7 and return to Council for adoption. The motion was seconded by Councilmember Ross and carried unanimously. B. Report from Redevelopment Commission on Wilmington Road Ditch. Assistant City Manager Brown presented this item saying that the last action by Council on the Wilmington Road drainage ditch situation was to pipe the ditch and assess the property owners. However, because the property owners are low income, Council referred the issue to the Redevelopment Commission for consideration of using Community Development Grant (CDBG) funds to pay the homeowner's assessment fees. The Redevelopment Commission approved the recommendation of its ad hoc committee which is to pipe and cover the entire ditch (a public improvement project); and reallocate funds in the amount of $72,500 to pay the estimated assessed share (1/2 of the project cost) for abutting property owners. This is an eligible use of CBDG funds since this project is located in an area where at least 51 percent of the residents are low to moderate income persons. Councilmember Ross moved to approve the recommendation, seconded by Councilmember Blackwell. Discussion: Councilmember Kendrick established through City Engineer Walker that there are eight miles of open ditches that need drainage pipes installed. Councilmember Blackwell asked Janice Gerald if this is the best use for the money and she said in her opinion it was not. Councilmember Kendrick said the City has cleaned that ditch many times and we should have contacted the Health Department to put in pesticides and rodent control before now instead of waiting until we are having this problem. Councilmember McBryde asked Mr. Walker if this is a drainage problem and he answered that it is not, and he recommended that we not do this project. At the end of the discussion Mayor Dawkins called for a vote on the motion to follow the recommendation and it carried 5 to 4 with Councilmembers McBryde, Bolton, Kendrick and Robertson voting in opposition. 9. Consideration of amendments to Chapter 30 and 32 of the Fayetteville City Code regulating trailers in commercial parking lots. Councilmember Bolton moved to refer this item to the Planning Board as recommended, seconded by Councilmember Robertson. City Attorney Cogswell said there are two ordinances in the agenda packet. The one creating new sections 32-5(27.1) and 32-56(10) is being recommended to be referred to the Planning Board and the ordinance amending section 30-2(3) is being recommended to be held until the other one comes back. Councilmember Kendrick requested to add to the ordinance the districts covered under this ordinance to be more specific. Mayor Dawkins called for a vote on the motion to refer this to the Planning Board and it carried unanimously. 10. Consideration of the following Police Crime Bill matters: A. Acceptance of a Federal Grant Award in the amount of $771,326. This grant is for the Community Oriented Policing Services (OPS) program awarded by the U.S. Department of Justice. Councilmember Kendrick moved to accept the federal grant as recommended, seconded by Councilmember McBryde and carried unanimously. B. Adoption of Budget Ordinance Amendment 95-5. This amendment appropriates $320,104 from the General Fund balance (balance to come from Police grant contingency within the Police Department) to fund the first year local cost. C. Adoption of Special Revenue Ordinance Amendment 95-9. This establishes the three-year budget with the balance of the local share to be funded in fiscal years 96 and 97. Councilmember McBryde moved to adopt B. and C., seconded by Councilmember Bolton and carried unanimously. 11. Consideration of adoption of County Water and Sewer Plan. City Manager Smith presented this item with a recommendation for Council to adopt the general strategy in concept and to instruct staff to work jointly with the county and PWC staff to develop a detailed implementation program. Councilmember Torrey moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously. 12. Reconsideration of revisions and amendments to the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-38, by deleting Subsection (31) in its entirety and providing a substitution, regulating residential buffer zones for outdoor amusements. City Manager Smith and City Attorney Cogswell presented this item explaining that by Council's adoption of these ordinances at the last meeting, it affected all businesses and made some nonconforming. Inspection Superintendent Simpson recommended to rescind the action amending section 32-28 (31) (Ordinance No. S1994-17). Councilmember Bolton moved to reconsider the action taken on November 7, 1994, seconded by Councilmember Kendrick and carried unanimously 7 to 2 with Councilmembers Robertson and Cheek voting in opposition. Councilmember Bolton moved to rescind section 32-28 (31) (Ordinance No. S1994-17), seconded by Councilmember Kendrick and carried 6 to 3 with Councilmembers Robertson, Cheek and Ross voting in opposition. Councilmember Cheek moved to refer this matter to City Attorney Cogswell and other staff to propose an ordinance to protect neighborhoods in the future, seconded by Councilmember Ross and carried unanimously. Councilmember Kendrick requested to keep businesses affected by this informed of meetings and outcomes. 13. Consideration of the following Policy Committee matters. A. Policy regarding acceptance of private streets for City maintenance. Councilmember McBryde, Chairman of the Policy Committee, reported that it was recommended by the City Manager that the City adopt a policy to accept for maintenance only those streets that meet public street standards. Councilmember Kendrick moved to follow the recommendation to adopt the policy, seconded by Councilmember Blackwell and carried unanimously. B. Policy regarding three and four way stop signs in residential areas. Councilmember McBryde, Chairman of the Policy Committee, recommended no changes to the current policy and Council took no action. 14. Consideration of request to County Commission to reconsider location of proposed DSS building. (Requested by Councilmember Suzan Cheek). Councilmember Cheek moved that the City Council indicate to the County Commissioners that the Council is interested in working with them to locate a new Department of Social Services building downtown. Furthermore, that we would request the Commissioners to authorize the County Manager and staff to work with City staff to locate appropriate sites and to submit these requests as soon as possible, hopefully tomorrow. Also to authorize City Manager to pursue this contact immediately and to develop a site location proposal with County staff that includes appropriate proposed city participation. The motion was seconded by Councilmember Ross. Councilmember McBryde requested a definition of "participation." He asked if this would be to help find a site or helping to pay for a building. Councilmember Cheek responded that it would certainly not be helping to pay for a building, but would be helping to find a site. She said there may possibly be some ways we might be able to assist them with real estate services, perhaps consider some minimal joint participation in the site acquisition. Mayor Dawkins called for a vote on the motion and it carried unanimously. 15. APPOINTMENTS: A. Nominations to fill one vacancy on Appearance Commission. (Landscape category) There were no nominations to fill the vacancy of Betty McDonald in the at-large category for a term to December of 1995. B. Nominations to fill two vacancies on Fair Housing Board. Ms. Charnelle Green was unanimously elected in the at-large category for a second term. There were no nominations in the at-large category to replace William Pratt. C. Nominations to fill one vacancy on Wrecker Review Board. (Chairperson) City Attorney Cogswell requested that due to the upcoming hearing next week that Council vote to elect the Chairman if one is nominated tonight. There was a recommendation by Captain Harrell, Wrecker Inspector, to nominate Ms. Dawn Driggers, Assistant Director of the Fayetteville Metropolitan Housing Authority. Councilmember Kendrick nominated Ms. Dawn Driggers and moved to vote tonight, seconded by Councilmember McBryde. It was revealed that Ms. Driggers does not live inside the city limits and would be ineligible, therefore, Councilmember Kendrick withdrew his nomination. Councilmember Blackwell nominated Larry Sessoms, but withdrew his nomination because Mr. Sessoms was ineligible by being a wrecker business owner. Mr. Cogswell recommended that Council adjust and go with the current members. 16. ADMINISTRATIVE REPORTS: A. Report on street lighting. The report was submitted in the packet. B. Report of tax refunds less than $100. Please Note: To view the tax refund table, please see the printed copy of the City of Fayetteville Meeting Minutes C. Report on request for a four way stop - Community Information Meeting. The report was submitted in the agenda packet. INFORMATION ITEMS: 1. Information on Council Retreat. 2. Letter from Historic Resources Planner Lisa Novick regarding change in November meeting date. 3. Letter of thanks to Tom Ray from Charles I. Stewart, United Way Campaign Chairman. 4. Human Relations Commission - Notice of Change of Meeting Time & Place. 5. Airport Commission - minutes of October 25, 1994. 6. TCC - minutes of October 26, 1994. 7. PWC - minutes of October 13, 1994. 8. FACVB - minutes of October 13, 1994. 9. Storm Water Advisory Committee minutes of October 24, 1994 and September 12, 1994. 10. Fayetteville Redevelopment Commission minutes of November 9, 1994. 11. Appearance Commission regular meeting agenda. 12. Fayetteville Police Department-Professional Standards report for October, 1994. Councilmember Cheek referred to the Information Item No. 1, concerning the Council Retreat, and requested that Council invite the four City Members on the Planning Board or for them to send a representative to listen, only, because items would be covered that would interest them. The motion was seconded by Councilmember Robertson and carried unanimously. Councilmember Blackwell inquired about the City's participation in the Christmas Opportunity Drive. Mayor Dawkins said that information will be given out very soon on this. Councilmember Bolton requested to be excused from the Information Meeting due to being out of town. Councilmember Bolton moved to excuse Mr. Bolton from the Information Meeting as requested, seconded by Councilmember Cheek and carried unanimously. Councilmember Bolton referred to an invitation the Councilmembers received from the Chamber of Commerce for next Tuesday night at the Holiday Inn Bordeaux with U.S. Senator Faircloth as the guest speaker and encouraged everyone that could go to please attend. There being no further business the meeting was adjourned at 9:20 p.m. upon motion and second. INFORMATION MEETING NOVEMBER 28, 1994 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING DOROTHY GILMORE CENTER, PURDUE DRIVE NOVEMBER 28, 1994 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde (at-large); Nat Robertson (at-large); Ida Ross (District 2); Robert A. Massey, Jr. - arrived at 7:20 p.m. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5)- arrived at 7:05 p.m.; Mark Kendrick (District 6) Absent: J. Breeden Blackwell, (at-large); Tommy Bolton (District 1)- both excused previously. Others Present: John Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager for Administration and Finance Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Jerome Brown, Transit Director Matthew Smith, Chairman, CCPTAC 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 Virgil Wilson, Interim Pastor of Center Baptist Church on Village Drive, offered the Invocation followed by the Mayor leading in the Pledge of Allegiance to the American flag. RECOGNITION Mayor Dawkins reminded everyone and welcomed them to the Christmas Tree Lighting ceremony to be held Wednesday night at 5 p.m. in front of City Hall. Councilmember Kendrick welcomed everyone to tonight's meeting held in his district. 1. APPROVAL OF AGENDA Councilmember Kendrick moved to approve the agenda, seconded by Councilmember Cheek and carried unanimously. 2. PUBLIC HEARINGS: Mayor Dawkins read the policy on the time limit for speakers on public hearings and non-public hearings. Al Albert, 3023 Brechin Road, spoke in favor of sidewalks throughout the city; downtown redevelopment; his concern for the future of the airport; and the need for the city to be more progressive and to stay away from negative influences. Wilbur Wiman, 2315 Rollinghill Road, complained about the yard trash pickup and the clogging of the storm drains. He requested consistency in the collection of the yard trash. Mark Miller, 117 Magnolia Avenue, encouraged the baseball stadium to be placed in the downtown area along with the Department of Social Services building and any other business that would help in order to revitalize the downtown. Teresa Ciszek, 2604 North Edgewater Drive, requested sidewalks to be placed on Morganton Road for the good of the community, for pedestrians, especially the children. She also spoke in favor of the stadium being placed in the downtown area. Jeanne Sternlicht, 2712 Bennington Road, also spoke in favor of sidewalks. 3. DISCUSSION OF STORMWATER UTILITY. Assistant City Manager Jimmy Teal submitted a stormwater utility update, beginning in the fall of 1993 with the county and city staff meeting to discuss policy issues, such as organization, staffing, level of service and extent of service in regards to the stormwater program. Recommendations were forwarded to the city and county managers for their review. A citizens' Stormwater Advisory Committee jointly appointed by the City Council and the Board of County Commissioners was formed. This committee began meeting in August and continues to meet every two weeks to review the recommendations of the staff. He said that the schedule calls for them to complete their review in January 1995 and they report to both governing bodies sometime in February (February 13, 1995) to provide their recommendation on the development and implementation on a joint stormwater utility. 4. DISCUSSION OF ANNEXATION - PHASE II AND BEYOND. City Manager John Smith presented this report in the agenda packet and reviewed the proposed annexation schedule for Phase II through June 30, 1996, when it will be annexed into the city. 5. REPORT FROM CUMBERLAND COUNTY PUBLIC TRANSPORTATION ADVISORY COMMITTEE. Transit Director Jerome Brown introduced Matthew Smith, Chairman of the Cumberland County Public Transportation Action Committee (CCPTAC). Mr. Smith gave an update on the Air Quality Control, which begins next year. This will raise the cost of inspections. He displayed maps showing the current and proposed transit system routes and said that the cost has not been determined for the proposed routes. They will be coming back to Council with that information. Mr. Smith said they are also checking into a park and ride program. 6. REPORT ON ENTERPRISE COMMUNITY. Assistant City Manager Brown gave a status report on the Fayetteville/Cumberland County Enterprise Community (EC). A status report was supplied in the agenda packet. Mr. Brown said that according to the 1990 census, the poverty level is $12,500 income for a family of four. He said the efforts will be to help people to help themselves and will fall in with the neighborhood resource center. He said they plan to be more co-active in the future. Mr. Brown said they have applied for a HUD grant and this should be announced in late December or early January. 7. REPORT ON GREENWAY PLAN. Assistant City Manager Teal presented the report on the Greenways plan. It covered the open space needs, the Greenways concept, the open space land use plan, funding options and power projects. The reports submitted in the packet also covered the recommendations by the committee to the City Council. There being no further business the meeting was adjourned upon motion and second at 9:00 p.m. REGULAR MEETING DECEMBER 5, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING DECEMBER 5, 1994 7:00 P.M. CITY HALL COUNCIL CHAMBER 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 C. Cogswell, Jr., City Attorney Bobbie A. Joyner, City Clerk Jason Brady, Public Information Officer Jerome Brown, Transit Director Matthew Smith, Chairman, CCPTAC 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 Dr. Bruce Taylor, Hay Street United Methodist Church, offered the Invocation followed by the Mayor leading in the Pledge of Allegiance to the American flag. 1. APPROVAL OF AGENDA City Manager Smith requested to add the addendum sent out on Friday as item 8-B, Update on Olde Fayetteville Investment Construction Schedule. He also requested that corrections be made to two consent items. Item 2-H should be to authorize advertisement of the sale and item 2-I should be to also adopt the resolution. Councilmember Bolton moved to approve the agenda with the changes and addition, seconded by Councilmember Kendrick and carried unanimously. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Bolton moved to approve the consent agenda with the foregoing changes. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of November 7, 1994. B. Approve payment for attorney fees in legal case. Bobby G. Deaver, Attorney, to be paid $531.25 for advising Fayetteville Police Officer Halstead on the shooting of Marion George Generette (4.25 hours times $125 per hour). C. Approve request by the North Carolina Department of Transportation for conveyance of a 2800 square foot parcel of land to NCDOT for highway improvements at the intersection of Old Wilmington Road, Belt Boulevard and NC Highway 87. (PWC) D. Set public hearing for January 3, 1994 to consider 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, II as evidenced by deed recorded in Deed Book 3226, Page 323, Cumberland County Registry (Fayetteville Ordinance). (P94-182) E. Approve the rezoning from R15 residential district to C1P shopping center district or to a more restrictive zoning classification for an area located at 1745 Cedar Creek Road and being the property of W. Frederick and Jean B. Huggins. (Fayetteville Ordinance) (P94-180) F. Adopt Resolution expanding the size of the Fayetteville Redevelopment Commission. RESOLUTION EXPANDING SIZE OF FAYETTEVILLE REDEVELOPMENT COMMISSION. RESOLUTION NO. R1994-103. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1994. G. Approve the following Finance matters: 1. Adopt Special Revenue Fund Project Ordinance Amendment Change 95-3 (ORD 92-1) (Police--Controlled Substance Tax in the amount of $3,674.) 2. Adopt Special Revenue Fund Project Ordinance Partial Closeout CLO 95-1 (SRO 92-2). (Police Athletic League in the amount of $21,750 has been received. Actual disbursements are $21,725, which will be closed out.) 3. Adopt Special Revenue Fund Project Ordinance Closeout CLO 95-2 (SRO 92-5). (Safe Streets Now! Neighborhood Foot Patrol Grant. The actual grant of $133,111 with local match, general fund of $44,396 expired June 30, 1994.) 4. Adopt Special Revenue Fund Project Ordinance Closeout CLO 95-3 (SRO 94-2). (Victim's Assistance Grant FY93-94 actual of $28,525 with local match, general fund of $7,131 resource expired June 30, 1994.) 5. Adopt Special Revenue Fund Project Ordinance Closeout CLO 95-4 (SRO 94-5). (Juvenile Restitution FY93-94 actual amount of $43,729 with local match, Cumberland county of $8,746 resources expired June 30, 1994.) 6. Adopt Special Revenue Fund Project Ordinance Closeout CLO 95-5 (SRO 95-1). (GHSP-Travel Grant in amount of $3,326 associated with a Vehicle Homicide and DWI conference held in Chicago, Illinois, resources expired July 21, 1994.) 7. Adopt Special Revenue Fund Project Ordinance Closeout CLO 95-6 (SRO 95-2). (GHSP-Overtime Grant established August 1994 in the amount of $2,983 for purpose of funding overtime enforcement of state safety belt laws resources expired July 31, 1994.) H. Authorize advertisement of sale of property adjacent to Mazarick Park to Peggy Ward and Patsy Klasen. In the amount of $1. I. Adopt resolution and approve Lease Agreement with Cape Fear Studios, Inc. for lease space in the Farmers’ Market. RESOLUTION AUTHORIZING LEASE OF CITY PROPERTY TO CAPE FEAR STUDIOS, INC. RESOLUTION NO. R1994-104. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1994. 3. Report from Streets and Roads Committee. Councilmember Kendrick, Chairman of the Committee, said that their meeting was for citizen input and the committee made no formal recommendation. They did discover by citizen comment, that the south side sidewalk would be more detrimental than the north side. Also, three blocks of sidewalk would not be sufficient. A. Consideration of construction of sidewalks along Morganton Road between Virginia Avenue and Churchill Drive. Requesting to address City Council: Mayor Dawkins reminded the upcoming speakers of the time limit of three minutes for non-public hearing speakers. Speaking in favor of the sidewalk was Richard Shereff, 1516 Morganton Road. He said there is a policy for sidewalks in new development, however, there is no policy for existing developments. He requested Council to consider installing the sidewalk on Morganton Road. Steve Fleming, 2600 Morganton Road, said he felt that the advantages outweigh the disadvantages for having the sidewalk on Morganton Road. He said he felt there would be less crime activity because of more pedestrians using the sidewalks. Mr. Fleming said the sidewalk should be designed properly and the property owners properly compensated. Trish Clayton, 115 South Churchhill Drive, presented a petition of 210 names in favor of the sidewalk to the Mayor along with an essay from a ninth grader at Hillcrest Junior High. She said she feels Council did not get a fair representation from those in favor of the sidewalks at the neighborhood meeting because many were not aware of the upcoming neighborhood meeting. Ms. Clayton also furnished photographs of some of the residence on Morganton Road with sidewalks and without sidewalks to demonstrate that some of the houses with sidewalks were closer to the road than some of the ones opposed to the sidewalks, and that they looked very attractive. Speaking in opposition to the sidewalks was Clyde Beringer, 2009 Morganton Road. He stated he felt that the sidewalk would promote commerce and the loss of privacy. He also addressed the matter of environment saying that trees and greenery would be lost with the paving. Ruth Smith, 2005 Morganton Road, said the reason people were giving for the sidewalks was so that the children could ride bicycles and tricycles, however, this is not allowed by city ordinance. She said the automobiles on this thoroughfare would be only three feet from the sidewalk making it unsafe for pedestrians. She said some houses are only 12 feet from the road. Doyle Hubbard, 3019 Morganton Road, said the road is state maintained highway with high speed vehicles. Mr. Hubbard was more concerned with crossing Morganton Road rather than being opposed to the sidewalk. Councilmember McBryde recommended that Council take this matter up at the upcoming retreat. Councilmember Cheek moved to table this item until it can be discussed at the Planning Retreat and then put on the December 19, 1994, meeting agenda. It was seconded by Councilmember Massey. Councilmember Ross stated she felt they should not put this matter off any longer but settle it tonight. Mayor Dawkins called for a vote and it carried 7 to 2 with Councilmembers Ross and Torrey voting in opposition. 4. Consideration of request to address City Council from Dr. Ernie Johnson, Chairman of Metrovisions. Dr. Johnson reviewed Metrovision's purpose and the activities since they held a multi-governmental retreat in January of 1994. He said they need funding to continue operation and they feel this is a vehicle for government to use. Dr. Johnson said they are requesting $15,000 a year from City Council and would be making the same request of the County Commissioners. He said he felt this was a different situation from the outside agencies, because it is governmental in nature. City Manager Smith agreed this could be handled the same way that FAEDC and Olde Fayetteville Association is handled even though it would still come from the outside agency funds. Councilmember Bolton moved to give $7,500 to Metrovisions through this Fiscal Year and encouraged them to seek participation by other governments in the county. The motion was seconded by Councilmember Kendrick and carried unanimously. Councilmember Bolton requested that this be placed in the budget planning for the next year. 5. Consideration of Resolutions identifying two areas as being under consideration for annexation. This item was presented in the agenda packet with a recommendation to adopt the resolutions. RESOLUTION IDENTIFYING AREA DESCRIBED HEREIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (WESTERN AREA). RESOLUTION R1994-105. RESOLUTION IDENTIFYING AREA DESCRIBED HEREIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (SOUTHERN AREA). RESOLUTION R1994-106. Councilmember Bolton introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Robertson and carried unanimously. Copies of the foregoing resolutions are on file in the clerk's office in Resolutions Book R1994. Councilmember Bolton moved to send residential and commercial sidewalks to the Council's Policy Committee. The motion was seconded by Councilmember Robertson and carried unanimously. 6. Consideration of acceptance of fiscal year 1993-1994 Audit Report This item was presented by Eddie Burke with Cherry Bekaert & Holland. He introduced Sue Butler, Supervisor with the Company, and then highlighted the key data of the audit report and financial statement that was presented to Council. Following a question and answer session, Councilmember Bolton moved to accept the audit report as submitted, seconded by Councilmember Kendrick and carried unanimously. 7. APPOINTMENTS: A. Nominations to fill five vacancies on Appearance Commission. In the at-large category, Judy Dorman was nominated for a second term by Councilmember Bolton; Chalmers McDougald was nominated for a second term by Councilmember Massey and Paul Lawing, Jr. was nominated for a first term by Councilmember Cheek. There were no nominations for the categories of engineer and landscape. B. Nominations to fill one vacancy on Fair Housing Board Colonel Ret. Fred Best was nominated in the at-large category by Councilmember Kendrick. C. Nominations to fill two vacancies on Personnel Review Board. Marcy Covell was nominated by Councilmember Bolton and David R. Williford was nominated by Councilmember Robertson. D. Nominations to fill two vacancies on Redevelopment Commission. Councilmember Ross nominated Julia Culbreth for a second term and Councilmember Massey nominated Barry Bullock for a first term. E. Nominations to fill one vacancy on Wrecker Review Board. (Chairperson) There were no nominations to fill the unexpired term of the Chairperson to October 1995. 8. ADMINISTRATIVE REPORTS: A. Up date on Maiden Lane fence project. This item was submitted in the agenda packet. B. Update on Olde Fayetteville Investment's Construction Schedule. This item was submitted in the Agenda Packet. Councilmember Massey requested an item to be placed on the next agenda to request NCDOT to rename the City's portion of the Central Business District Loop for Martin Luther King, Jr. Mayor Dawkins informed Council that the County Commissioners had rescinded their action for renaming the main library for Martin Luther King today. Councilmember Robertson requested to be excused from the December 19, 1994 meeting. Councilmember Ross moved to excuse Councilmember Robertson, seconded by Councilmember Cheek and carried 6 to 3 with Councilmembers McBryde, Bolton and Kendrick voting in opposition. INFORMATION ITEMS: 1. Update on City Council Goals. 2. Status Report on FY94 Annual Street Resurfacing Project. 3. Invitation on Spring Lake/Ft. Bragg/Pope AFB Tree Lighting Ceremony on December 9, 1994. 4. Thank you card from Dena Briggs, Miss Fayetteville 1995 5. Joint Planning Board - regular meeting agenda. 6. Fayetteville Human Relations Commission - regular meeting agenda. 7. Recreation and Parks Advisory Commission - minutes of October 24, 1994. 8. Public Works Commission - minutes of November 10, 1994. 9. Fayetteville Historic Resources Commission - minutes of October 25, 1994. 10. Joint Planning Board - minutes of October 18, and November 1, 1994. 11. Greenways Study Committee - minutes of October 27, 1994. There being no further business the meeting was adjourned at 9:00 p.m. upon motion and second. PLANNING RETREAT MINUTES DECEMBER 9, 1994 FAYETTEVILLE CITY COUNCIL PLANNING RETREAT MINUTES FAYETTEVILLE REGIONAL AIRPORT DECEMBER 9, 1994 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., Thelbert Torrey, Suzan Cheek, Mark Kendrick Others Present : John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Al Mitchell, Planning Staff Mayor Dawkins called the meeting to order and introduced the Facilitator for the Planning Retreat, Becky Veazey. Council first considered the issue of Morganton Road sidewalks. City Manager John Smith recommended that the Council authorize staff to design a sidewalk on the north side of Morganton Road all the way to McPherson Church Road with the stipulation that the design stay within 7.5 feet from the curb. With this authorization he would bring back project packages that could be implemented in phases. He stated that the design process will take approximately five months. His suggestion was that Council place this decision on the December 19, 1994, agenda. Councilmember Blackwell asked that this report include a rough estimate of cost. Councilmember Cheek asked that the sidewalk design consider the environment. City Manager John Smith then reviewed the goals set by City Council at their last retreat and discussed progress on accomplishing those goals. Council then began brain-storming their priorities for the coming year. Upon motion by Councilmember Kendrick, seconded by Councilmember Massey, Council voted unanimously to recess the Planning Retreat until 8:30 a.m., December 10, 1994. The motion carried unanimously and the meeting recessed at 9:15 p.m. PLANNING RETREAT MINUTES DECEMBER 10, 1994 FAYETTEVILLE CITY COUNCIL PLANNING RETREAT MINUTES FAYETTEVILLE REGIONAL AIRPORT DECEMBER 10, 1994 8:30 A.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, Milo McBryde, Nat Robertson, Tommy Bolton (left at 11:15 a.m.), Ida Ross (arrived at 10:30 a.m.), Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek, Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Jimmy Teal, Assistant City Manager Ben Brown, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Al Mitchell, Planning Staff Mayor Dawkins reconvened the meeting and recognized the Planning Retreat Facilitator, Becky Veazey. Council then continued the process of reviewing the priorities for the coming year. Upon motion by Councilmember Cheek, seconded by Councilmember Massey, Council voted unanimously to adjourn at 2:20 p.m. REGULAR MEETING DECEMBER 19, 1994 FAYETTEVILLE CITY COUNCIL REGULAR MEETING DECEMBER 19, 1994 7:00 P.M. CITY HALL COUNCIL CHAMBER Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell, (at-large); Milo McBryde (at-large); Nat Robertson (at-large)- excused at 7:55 p.m.; Tommy Bolton (District 1) - arrived at 7:50 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 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, Planning Board Mike Walker, City Engineer Elmer Floyd, Human Services Robert Barefoot, Recreation & Community Facilities 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 Ronald Godbolt, Christ Gospel Church, followed by the Mayor leading in the Pledge of Allegiance to the American flag. Councilmember McBryde moved to excuse Councilmember Bolton until his late arrival as requested, seconded by Councilmember Blackwell and carried unanimously 8 to 0. 1. APPROVAL OF AGENDA Councilmember McBryde moved to approve the agenda as submitted, seconded by Councilmember Kendrick and carried unanimously 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 Robertson moved to approve the consent agenda. After a second from Councilmember Cheek the consent agenda and following items were unanimously approved with Councilmember Bolton absent. A. Approve minutes of regular meeting of November 21, 1994. B. Approve minutes of information meeting on November 28, 1994. C. Approve Correction to October 24, 1994 minutes. D. Accept Donation of property from Air Park Associates. This is for the right-of-way for the new 301 connector at the airport. The estimate of parcel no. 1, the area to be donated, (main section of roadway from 301 to the property line of the old Westinghouse property) is 3.178 acres and is valued at $55,600. E. Set Public Hearing for January 3, 1994, to consider 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 west side know 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). F. Approve award of contract to Scott Parish Electrical Supply, for purchase of 100, 10 kVa CSP Transformers, low evaluated bid in the amount of $39,612.(PWC) Bids received were as follows: Total Cost Scott-Parish (Raleigh, NC) $39,612 Rigby Electric (Rocky Mount, NC) $55,000 WESCO (Raleigh, NC) $51,800 HESCO (Smithfield, NC) $42,700 G. Approve award of contract to WESCO for purchase of 100, 50 kVa CSP Transformers, low evaluated bid in the amount of $83,400. (PWC) Bids received were as follows: Total Cost WESCO (Raleigh, NC) $83,400 Rigby Electric (Rocky Mount, NC) $98,600 Scott-Parish (Raleigh, NC) $78,728 HESCO (Smithfield, NC) $86,000 H. Approve Cancellation of December 26, Information Meeting. I. Adopt Resolution Reaffirming and Revising the City of Fayetteville Employee Healthcare Benefit Plan. RESOLUTION REAFFIRMING AND REVISING THE CITY EMPLOYEE HEALTHCARE BENEFIT PLAN. RESOLUTION NO. R1994-107 A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1994. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the time limit of 5 minutes for public hearing and of three minutes for non-public hearing speakers. A. Consideration of City-Initiated Annexation of two exit ramp areas located at the I-95/Cedar Creek Road Interchange. 1. 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.) 2. 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.) Deputy City Manager Stancil presented this item explaining that there is no action needed following the public hearing. The ordinance will be on the January 3, 1995, agenda. The properties involved are the two exit ramp areas located at the I-95/Cedar Creek Road Interchange. This is the advertised public hearing. The public hearing was opened at 7:10 p.m. and there being none to speak in favor or opposition the public hearing was closed. At this time Councilmember Blackwell asked Mr. Stancil for an update on the petition on Judson Church property for annexation and Mr. Stancil responded that this will be brought up after the January 3, 1995, meeting. 4. Consideration of request to address City Council from Ida Ross, City Councilmember. Councilmember Ross agreed to speak after item 5 since this would be pertaining to the same item. 5. Consideration of proposed concrete sidewalk along the north side of Morganton Road from existing sidewalk in the Haymount area to McPherson-Church Road. Requesting to address City Council: Opposed: John Gleason, 2203 Morganton Road, said he was representing those in opposition to the sidewalks. He requested Council to either vote against the sidewalks or at least postpone action until after the holidays. He said this issue had been handled incorrectly from the beginning. Mr. Gleason said, " the underhanded closed door manner regarding the mysterious increase of the original four blocks was improper and did not allow adequate address in a public forum." Mr. Gleason asked the Mayor to have this remedied and presented a petition to the mayor. Charles Pittman, 3300 Morganton Road, said he feels that the sidewalk on Morganton Road is a waste of money. He is against the way the sidewalk has been planned and executed. For: Teresa Spraitz Ciszek, 2604 North Edgewater Drive, introduced Nanny Smith and Jerry Vic Smith of 2604 Morganton Road. She said they have lived at this address for 54 years and have seen changes since it was two lanes. Ms. Ciszek said the Smiths have always been concerned that people had no place to walk and pleaded with Council to approve the sidewalk project. Brian P. Fassnacht, 2005 Fig Court, said he lives just off Morganton Road and John Road and has tried to walk on Morganton Road but had no place. He said sidewalks is a city-wide need as well as on Morganton Road. At this time Councilmember Ross stated that her concern was with the children's need for a sidewalk on Rosehill Road in trying to walk to Warrenwood and College Lakes Schools. Therefore, she moved to cancel the Morganton Road sidewalk issue and spend the money on sidewalks on Rosehill Road to the College Lake School and Recreation Center. The motion was seconded by Councilmember Torrey and failed 3 to 5 with Councilmembers Blackwell, McBryde, Robertson, Kendrick and Cheek voting in opposition and Councilmember Bolton absent. Councilmember Cheek moved that Council authorize the administration to prepare a final engineering design for a sidewalk along the northside of Morganton Road from where the sidewalk ends in Haymount out to the intersection with McPherson Church Road. The sidewalk should stay the whole way within no more than 7.5 feet from the back of the curb, narrowing to a 4 foot sidewalk where necessary, and perhaps even narrowing the utility strip where it is necessary and better for adjacent property. And further moved that the design be brought back to Council for final approval along with a proposed construction schedule and financing plan. The motion was seconded by Councilmember McBryde and carried 5 to 3 with Councilmembers Massey, Ross and Torrey voting in opposition and Councilmember Bolton absent. 6. Consideration of the renaming of the Central Business District Loop in honor of Dr. Martin Luther King, Jr. A. Consideration of request to address the City Council by Frank Dawkins on the renaming of the Central Business District Loop. Frank Dawkins addressed Council with a request to rename the CBD Loop for his father, Charlie Dawkins. He said his father was a former member of the Board of Alderman, City Council and served as Mayor Pro-Tem for several years. He was a former member of the State Highway Commission representing Cumberland, Hoke and Bladen counties. He was responsible for many projects being brought to Fayetteville which included the CBD Loop. Mr. Dawkins listed many more of his father's accomplishments and community services. He concluded by saying that he is requesting the renaming of the CBD Loop to the C. R. Dawkins Arsenal Expressway, because his father deserves it. Councilmember McBryde stated that he agrees with Mr. Dawkins and will support his request. Councilmember Torrey moved to refer the renaming of the CBD Loop to the Dr. Martin Luther King Boulevard to the DOT, seconded by Councilmember Ross. The motion passed 7 to 1 with Councilmember McBryde in opposition and Councilmember Bolton absent. Councilmember Torrey said he knew Charlie Dawkins and agreed something should be named for him. Councilmember Ross suggested that the City Hall be named for Mr. Dawkins. Councilmember Kendrick asked if the County Commissioner's letter to Mayor Dawkins and Council specified a name for the county portion of the CBD Loop. If so, Councilmember Torrey's motion may have to be amended. Councilmember Massey said that the letter to Council asked that we rename the loop in honor of Martin Luther King, and that no special name had been requested, therefore, Councilmember Torrey's motion was in order. Mayor Dawkins said that the County Commissions had voted to request DOT rename the Loop in honor of Martin Luther King. Councilmember Bolton arrived at 7:50 p.m. Councilmember McBryde moved to excuse Councilmember Robertson at 7:55 p.m., seconded by Councilmember Cheek and carried unanimously 8 to 0. Councilmember Cheek moved to rescind the action for DOT to rename the Murchison Road in honor of Martin Luther King. The motion was seconded by Councilmember Torrey and carried unanimously 8 to 0 with Councilmember Robertson absent. 7. Consideration of request to address City Council from Matt Perry, Sports Enterprises. To discuss status of Stadium Project. Mr. Matt Perry, Sports Enterprises, 6904 Persimmon Street, Wilmington, NC, presented Council with baseball caps. He distributed a packet of information to the Councilmembers and gave highlights of this information. He said that this is a $7.5 million project and this is an update of the Stadium Committee that was formed. This information includes benefits of a new downtown facility, funding proposal, site area map, and other information. Mr. Perry said some of the events that could be scheduled in the facility included concerts, trade shows, flea markets and auctions, circuses and fairs, assemblies and tournaments such as college and high school. Council had many questions and concerns of Mr. Perry from the packet such as finances, schedules and many others. They requested a response at the tentative January 9, 1994, Joint Meeting with them. 8. Consideration of request to address City Council from Barry Bullock, President, Wizards Tennis Association. (Also requesting to speak: Dr. Harvey Jenkins & Dr. Roland Johnson) Mr. Barry Bullock, Dr. Harvey Jenkins and Dr. Roland Johnson addressed Council concerning their belief that they had been discriminated against by agents of the Parks and Recreation Department in the user fee charges and the scheduling of an operation Sickle Cell Tennis Tournament at Mazarick Park. A discussion ensued regarding a meeting held between Robert Barefoot, Director of Recreation & Community Facilities Department, Elmer Floyd, Human Relations Department, and Mr. Bullock. The meeting concluded with satisfactory results for all parties. After further discussion, City Manager requested that this serious matter be handled through an internal process. City Attorney Cogswell agreed with Mr. Smith that these serious allegations against the City and a city employee should be handled first at management level. Then, if Mr. Smith feels that action is required, he could take it himself or if he feels it was something for Council to do from a policy standpoint, he will bring it to Council. Following further discussion, it was the consensus of Council that Mr. Smith will look into the allegations, policies and fees and report back to Council. 9. Consideration of award of Contract to Benchmark Inc. for Sign Ordinance Revision. This item was presented in the packet with a recommendation for Council to authorize City Manager to execute contract to Benchmark, Inc. an amount not to exceed $10,000. Councilmember Bolton moved to follow the recommendation to award the contract to Benchmark, Inc., seconded by Councilmember Cheek and carried unanimously with Councilmember Robertson absent. 10. Consideration of adoption of a Resolutions to set a Public Hearing for February 6, 1994 to consider the paving without petition of the following streets: 1. Seminole Street from Goins Drive to cul-de-sac. 2. Thad Street from Neville Street to Ingram Street. 3. Autry Street from Neville Street to Ingram Street. 4. Eunice Drive from Law Road to end of pavement "Tee". 5. Joyce Street from Slater Avenue to cul-de-sac. 6. Shadbush Lane from Deep Creek Road to cul-de-sac. 7. Kornbow Road from Lakeland Avenue to end of pavement "Tee" 8. Nicky Avenue from Jasper Street to cul-de-sac. 9. Sherrerd Avenue from Kirkland Drive to Brainard Avenue. 10. Christian Street from Deep Creek Road to Maxwell Street. City Manager Smith stated that the streets on this list already have engineering designs. After these streets are paved and the assessment roll adopted, low income home owners may apply for CDBG funds to cover the cost of assessments. This assistance will not be available for absentee land owners or home owners who do not meet the criteria for community development assistance. Mr. Smith recommended adoption of the resolution setting the public hearing. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF SEMINOLE STREET FROM GOINS DRIVE TO CUL-DE-SAC, THAD STREET FROM NEVILLE STREET TO INGRAM STREET, AUTRY STREET FROM NEVILLE STREET TO INGRAM STREET, EUNICE DRIVE FROM LAW ROAD TO END OF PAVEMENT "TEE", JOYCE STREET FROM SLATER AVENUE TO CUL-DE-SAC, SHADBUSH LANE FROM DEEP CREEK ROAD TO CUL-DE-SAC, KORNBOW ROAD FROM LAKELAND AVENUE TO END OF PAVEMENT "TEE" , NICKY AVENUE FROM JASPER STREET TO CUL-DE-SAC, SHERRERD AVENUE FROM KIRKLAND DRIVE TO BRAINARD AVENUE, CHRISTIAN STREET FROM DEEP CREEK ROAD TO MAXWELL STREET. RESOLUTION NO. R1994-108. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton 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 R1994. 11. APPOINTMENTS: A. Nominations to fill six vacancies on Appearance Commission. Judy Dorman and Chalmers McDougald were elected in the at-large category for second terms. Paul Lawing, Jr. was elected in the at-large category for a first term. Councilmember Cheek nominated James Kaiser, Jr. for a second term in the engineer category. There were no nominations for the landscape category to term of 1995 or architect category for a term to December 1995. B. Nominations to fill one vacancy on Fair Housing Board. Colonel Ret. Frederick Best was elected in the at-large category for a two-year term. C. Nominations to fill two vacancies of Personnel Review Board. Marcy Covell and David Williford were unanimously elected to serve their first two-year terms. Marcy Covell will fill the alternate position. D. Nominations to fill four vacancies on Redevelopment Commission. Julia Culbreth was elected for a second term and Barry Bullock was elected for a first term. There were no nominations for the two new positions. E. Nominations to fill one vacancy on Wrecker Review Board. There were no nominations to fill the chairman's term until October 1995. 12. ADMINISTRATIVE REPORTS: A. Statement of Taxes collected for the month of November 1994, from the Cumberland County Tax Collector in the amount of $3,146,502.62. INFORMATION ITEMS: 1. Fayetteville/Cumberland Crimestoppers monthly report for the month of November, 1994. 2. Fayetteville Police Department-Professional Standards report for December, 1994. 3. Status of Spot Safety Work Orders. 4. FACVB Board of Directors - minutes of November 17, 1994. 5. Joint Fayetteville-Cumberland County - minutes of November 8, 1994. 6. Public Works Commission - minutes of November 23, 1994. 7. Status of Railroad crossing at Russell Street\Gillespie Street and Ray Avenue\Hay Street. 8. Fayetteville Airport Commission - minutes of November 29, 1994. There being no further business the meeting was adjourned at 9:50 p.m. upon motion and second.