1992 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA REGULAR MEETING MINUTES MONDAY, JANUARY 6, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, JANUARY 6, 1992 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Nat Robertson (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); and Suzan Cheek (District 5) Absent: Mildred Evans (at-large) - excused; Mark Kendrick (District 6) - excused Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Mike Walker, Interim City Engineer Robert Barefoot, Parks and Recreation Director Kai D. Nelson, Finance Director Al Mitchell, Assistant City/County planning Director Tim Wood, PWC Manager Carl Legatski, Friends of the Parks Chairman Carol Stancil, FASCINATE-U Committee Heather Scarff, FASCINATE-U Committee Sandy Saunders, Parks and Recreation Commission Chairman Eddie Burke, Cherry, Bekaert & Holland Tom Ray, Airport Manager 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 The invocation was offered by Diana Smith, Cape Fear Valley Medical Center's Chaplain's Assistant, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins welcomed Boy Scout member Patrick Sleem. Mayor Dawkins announced that Dorothy Gilmore had passed away at 2:30 a.m. today and offered our prayers and thoughts to the family. Dorothy Gilmore was a City employee with Parks and Recreation for over 25 years and has meant so much to all of us but especially the young people of our community. 1. Approval of Agenda City Manager John Smith requested to change Item 20. from Consent to 5A. because it does not require setting a public hearing but action under the Planning Board matters. He requested to add Item 17 for recommendation for acceptance of right-of-way dedication on Blanton Road Project. Mr. Smith also requested that an error he corrected on the agenda Item for 3C. It should show adoption of a resolution confirming the assessment roll and levying assessments on MeHarry Drive instead of setting a public hearing for the preliminary. He added that the backup material was correct. Also, the approval of the minutes of the November 18th meeting be added as 20. Councilmember Bolton moved to approve the agenda with the foregoing changes. The motion was seconded by Councilmember McBryde and carried unanimously 7 to 0 by voice vote. City Attorney Bob Cogswell requested that Item 2S. setting a public hearing be changed from February 3rd to January 21st at the request of the property owner who is working under a time constraint. 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 change in Item 2S. as requested. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved. A. Approve minutes of information meeting of September 23, 1991. B. Approve minutes of regular meeting of December 2, 1991. C. Approve requests for tax refunds: F.A. Dawson - Building No. 2 double listed with PIN 0438-18-40-3629, Dup 1108-1110 N/S Gentry Street Building only - $359.10 Robert L. Tygh, Jr., DVM, PA - 1990 listing corrected per an audit to remove the leaseholds as they are charged to the real estate, T/A Ambassador Animal Hospital LOC: 6180 Ramsey Street - $163.38 D. Approve bid award for purchase of rear loader refuse vehicle to Smith International Truck Center, lowest responsible bidder in the amount of $50,722.27. Bids received were as follows: *Smith International Truck Center $50,722.27 Bennett's White GMC Trucks $52,639.00 Triple T Parts and Equipment Company, Inc. $59,802.00 E. Adopt Budget Ordinance Amendment 92-8. This amendment is to transfer $52,244.00 from Other Appropriations to the Environmental Services Department to be used in conjunction with the Vehicle Replacement Program to purchase a cab and chassis. F. Approve renewal of Lease Agreement with Cape Fear Studios for space in Municipal Market. G. Adopt Budget Ordinance Amendment 92-7. This amendment is to transfer funds from Other Appropriations to the Parks and Recreations Department and the Environmental Services Department in conjunction with the Vehicle Replacement Program. Parks and Recreation will purchase a commercial mower at $9,025.00 and two trucks for $25,468.00. Environmental Services will purchase three dump trucks for $103,763.00. This amendment will appropriate donations in the amount of $550.00 for the Police Department's DARE T-Shirt Program. H. Adopt resolution for award of contract for Scarborough Street Drainage to low bidder, Barnhill Contracting Company, Inc., in the amount of $214,024.80. Bids received were as follows: *Barnhill Contracting Company, Inc. $214,024.80 Nortec Construction Services, Inc. $243,322.48 McDonald Grading Company $270,259.00 City estimate $209,410.75 The resolution is as follows: WHEREAS, all of the bids duly and regularly made on the parts of several works specifically referred to in the Proposal were duly opened, read, tabulated and canvassed, and WHEREAS, after due consideration, it was determined that the acceptance of the Bid of Barnhill Contracting, Inc., would best conserve the interests of the City of Fayetteville, North Carolina. NOW, THEREFORE, be it resolved that the City of Fayetteville do and hereby does award the Contract for all of said parts of said work to said Barnhill Contracting, Inc., at and for the rates and prices set out in said Proposal, said award being subject to all conditions and stipulations set out in the Contract Documents above mentioned and the Mayor and City Clerk are hereby authorized and directed to execute said contract on behalf of the City of Fayetteville, North Carolina. I. Adopt resolutions authorizing condemnation of Parcel E-1, Parcel W-2 and Parcel W-3 for the Blanton Road widening project. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL E-1, $17,515.00). RESOLUTION NO. R1992-001. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL W-2, $3,575.00). RESOLUTION NO. R1992-002. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL W-3, $54,000.00). RESOLUTION NO. R1992-003. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1992. J. Adopt resolution accepting the high bid for the sale of surplus City property located east of Davis Court in the amount of $5,126.00 to Hilton E. Cashion. Bids received were as follows: *Hilton E. Cashion $5,126.00 Lionel O. Best $3,100.00 RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY (DAVIS COURT - TRACT). RESOLUTION NO. R1992-004. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. K. Adopt resolution authorizing advertisement for bids of surplus City property located at the southeast corner of Deep Creek Road and Christian Street. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1992-005. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. L. Set joint public hearing with Historic Resources Commission to consider designation of John A. Oates House as historic property. Public hearing to be held January 21, 1992. M. Approve amendment to Downtown Commercial Loan Program. N. Approve Supplemental Agreement Number One with Wilbur Smith Associates. O. Approve recommendation from Airport Commission for consulting firm for Fayetteville Regional Airport. P. Approve revision to Traffic Schedule No. 6 - Stop Intersections. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS, TYRON DRIVE AND DOBBIN AVENUE). ORDINANCE NO. NS1992-001. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. Q. Approval of minutes of regular meeting of November 18, 1991. R. Set public hearing for February 3, 1992, to consider an application by James M. Kizer for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinance: from Chapter 32, Article IV, Section 32-23, Item (4a), to establish grounds and facilities for a private equestrian center and pasture to operate on a nonprofit basis in an R10 Residential District for an area located on the east side of U.S. HWY 401 North (Raleigh Road), east of Andrews Road (SR 1611). (P91-129) S. Set public hearing for January 21, 1992, to consider an application by Larry R. Godwin for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-35, "Prohibited Uses," Item (1), to allow the operation of an abattoir in an M2 Industrial District for an area located on the west side of Eastern Boulevard (SR 1737), between SR 1738 and River Road (SR 1714). (P91-130) T. Adopt Budget Ordinance Amendment 92-9. This amendment is to authorize the Enhanced 9-1-1 Special Revenue Fund for FY 1991-92 in the amount of $178,519.00. U. Approval of the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the west side of U.S. Highway 401 North (Ramsey Street), west of Longview Drive. (P91-126) V. Approval of the rezoning from M2 Industrial District to R6 Residential District or to a more restrictive zoning classification for an area located at 1121 North Street Extension. (P91-135) W. Approval of the rezoning from M2 Industrial District to R6 Residential District or to a more restrictive zoning classification for an area located at 1207 and 1209 North Street Extension. (P91-140) 3. Public Hearings: Mayor Dawkins read the policy for the time limit on public, hearings and non-public hearing items. A. Consideration of a resolution for the construction of a drainage system east of Ramsey Street and north of Kinlaw Road across the Milligan, Keefe and Kinlaw properties. This item was presented by City Manager John Smith stating that shortly after this area was annexed in 1988, the City and PWC awarded a joint contract to install utilities and repair streets. Storm water from an existing pipe near Ramsey Street flows along a natural, open channel across the Milligan property and Keefe property to a paved ditch on the north side of the Kinlaw property and then into an existing 36-inch pipe that flows under Arbutus Trail. He stated that several property owners had approached the City about a participation project, and the only legal way to spread these payments out over a period of time is through the assessment process, which is a 50 percent participation of the City and the abutting property owners. Councilmenber Cheek asked if the water would turn the proposed sharp corner satisfactorily and would it accommodate a large amount of water? Acting City Engineer Mike Walker responded this is the normal procedure for running storm drainage along the rear property lines in order for the best utilization of the property. Councilmember Cheek also asked if the pipe across the road would have to be replaced. Mr. Smith responded it would need to be upgraded, however there would not be an assessment to the property owners on this portion of the project. The public hearing was opened at 7:15 p.m. and speaking in favor of the project was Dr. R.R. Milligan. He stated there had been a problem with the water running into Ramsey Street from both sides prior to the sewer line being put in. Since then there is a problem of the sewer pipe being exposed if the problem prevails. He stated they feel the rip rap is not doing the job. Dr. Milligan invited all the Councilmembers to come out and observe this situation. Also recognized in favor of the project was Lucy G. Kinlaw, 5817 Arbutus Trail. She concurred with Dr. Milligan and stated their property is at the end of the line and whatever everyone else does affects them. She concluded by stating they feel this project would be the best solution. Speaking in opposition was Dr. John H. Dalness, 5809 Arbutus Trail. He stated he does not feel there are any drainage or erosion problems, and this project will remove more trees and literally destroy their yard. He stated from what he has learned, this project has been discussed for over two years and neither he nor his neighbor, the Ruckers, have ever been consulted. Dr. Dalness stated the drainage project was completed successfully by Public Works Commission and he feels that Dr. Milligan is unhappy with the appearance of their property following the installation of the sewer pipes. He stated the Engineers have offered numerous solutions but all have been rejected. Dr. Dalness stated this project would be to improve an undeveloped private property zoned commercial, and he does not feel it is reasonable to require them or the City taxpayer to finance the upgrading of someone else's property and to have their property destroyed in the process. Also speaking in opposition was Manuel Rucker, 5815 Arbutus Trail. He stated they do not have a drainage problem and did not have one when they bought the property three and one-half years ago. He stated they were not consulted about this project; and if he was going to be expected to pay out money for a project, he feels he should have been consulted. There being none further to be heard on this matter, the public hearing was closed at 7:25 p.m. Councilmember Ross asked Engineer Mike Walker to give his opinion of the situation. Mr. Walker reviewed the drainage and erosion problem that exists at this time and stated their plans are to go underground and follow the property lines. Councilmember Bolton asked Mr. Walker if what has been done out there is satisfactory as far as erosion control? Mr. Walker responded that from conversations by he and the staff with Mr. Keefe and Dr. and Mrs. Milligan, they were not happy with the appearance of the rip rap that PWC's contractor had placed there. After a period of tine, the sewer began to be eroded and the top surface of the pipe began to be exposed. From what Mr. Walker has learned, PWC has been beck to correct that problem; however, the Milligans are not happy with the job the rip rap is doing or with the appearance. Councilmember Bolton then asked Mr. Walker as an Engineer if he thought it would be better improved with this project. Mr. Walker responded that from both an engineering and street maintenance standpoint, it is always better to have an underground system so that some of the rear portions of these lots can be utilized that are not presently being utilized. Councilmember Bolton asked Mr. Walker if he felt Dr. Dalness' property would be improved by this project. City Manager John Smith requested to respond to this question by reviewing the procedures of the assessment policy whereby a property owner can appear at the assessment public hearing to show by appraisals if they have or have not benefited from this project, then Council would make that determination. Councilmember Pillow asked what existing landscape would be disturbed by this project and is the landscape on the right-of-way? Mr. Smith responded there would be a chain link fence involved and some shrubbery and trees along the Dalness property. Mr. Walker added this would be worked out at the time of the project as to what, if anything, would have to be done or to rebuild. This is not the final design, only a basic layout of the pipeline. FINAL RESOLUTION ORDERING THE CONSTRUCTION OF A STORM SEWER AND DRAINAGE SYSTEM IN A PORTION OF THE KINWOOD SUBDIVISION. RESOLUTION NO. R1992-006. Councilmember Bolton moved to adopt the foregoing resolution, seconded by Councilmember McBryde and carried 6 to l with Councilmember Pillow voting in opposition. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. B. Consideration of reallocation of unexpended CBDG funds. This item was presented by Community Services Director Richard Herrera. He stated that several years ago they conducted housing rehabilitation programs in the Savoy Heights and Eufaula Street areas knowing that the limited amount of funds available from HUD could not possibly complete rehabilitation activities in those specific areas. In the Fairview Park target area, it was discovered that there were not as many program-eligible rehabilitation properties as previously anticipated. In the Taft Street area, some of the properties were found to be in the flood hazard area and one street was zoned commercial. The Fayetteville Redevelopment Commission therefore requests that the combined overage of $320,000.00, which may be reallocated to other eligible projects, be divided between Savoy Heights and Eufaula Street with $160,000.00 each. Councilmember Ross asked Mr. Herrera if there would be enough money to finish the projects that have already been started. Mr. Herrera responded they felt with this reallocation most of the deficiencies could be addressed. The public hearing was opened at 7:40 p.m. and speaking in favor of the reallocation was Ms. Eddis Douglas, 732 Eufaula Street. Ms. Douglas stated that 31 years ago when they purchased their property they were not told that they would be in a commercial area which includes a landfill. She stated she would not qualify for the rehabilitation but she wanted to speak for her neighbors that would qualify and need the repair work. Speaking in opposition was Ms. Lula McDonald, 744 Eufaula Street, owner of Jean's Rest Home. She stated their property abuts the County Landfill, and they have a terrible problem with odors, large rats, wild dogs, and wild cats and the living conditions are terrible. She says she would like to see houses fixed, but she feels that the need to be delivered from these terrible conditions is greater. Mr. Herrera stated that in a conversation with Ms. McDonald in the hall before the meeting, he felt she was asking for urban renewal which would be another subsidy program. Councilmember Torrey requested that the County be contacted concerning the possibility of closing the Landfill at the residential area. Mayor Dawkins suggested Council give blessings to the staff of the Inspections Department and possibly the Health Department to coordinate with County Solid Waste on this problem. Mayor Dawkins requested a follow-up report be received as soon as possible on the progress. There being none further to be heard on this matter, the public hearing was closed at 7:50 p.m. Councilmember Cheek asked Mr. Herrera if under the current guidelines, could we be a little bit general in our specifications of the Eufaula Street housing rehabilitation housing area in case a public health study needs to be made or some public improvements that might be made along that particular area. Mr. Herrera responded that he felt this could be done. Councilmember Cheek moved to follow staff's recommendation for the reallocation of the CBDG Funds. The motion was seconded by Councilmember Pillow and carried unanimously 7 to 0. C. Consideration of adoption of resolution confirming assessment roll and levying assessments for MeHarry Drive. This item was presented by City Attorney Bob Cogswell stating the public hearing was properly advertised, and the one property owner has been notified. The public hearing was opened at 7:52 p.m. and there being none to speak in favor or opposition, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1992-007. Councilmember Ross moved to adopt the foregoing resolution, seconded by Councilmember Bolton and carried unanimously 7 to 0. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. 4. PWC MATTERS: A. Consideration of bid award to Tennessee Valley Electric Supply, low evaluated bid, for purchase of two (2) Commercial Transformers in the amount of $19,754.00. This item was presented by PWC Manager Tim Wood with a recommendation to award to the low evaluated bidder of Tennessee Valley Electric Supply in the amount of $19.754.00. Bids received were as follows: Eastern Electric Supply, Inc. $18,728.00 *Tennessee Valley Electric Supply $19,754.00 Mill Power Supply Company $20,140.00 Western Electric Supply Company $20,382.00 HESCO, Inc. $23,188.00 Rigby Electric Supply $25,704.00 Councilmember McBryde moved to follow the recommendation to award the bid, seconded by Councilmember Pillow and carried unanimously 7 to 0. B. Consideration of bid award to Mill Power Supply, low evaluated bid, for purchase of one (1) Commercial Transformer, Padmount, 750 kVa in the amount of $10,539.90. This item was presented by PWC Manager Tim Wood recommending award to the lowest bidder in compliance. Bids received were as follows: Eastern Electric Supply, Inc. $10,039.00 *Mill Power Supply Company $10,539.90 Tennessee Valley Electric Supply $10,617.00 Westinghouse Electric Supply Company $11,040.00 HESCO, Inc. $11,107.00 Rigby Electric Supply $12,536.00 Councilmember Robertson moved to award the bid as recommended, seconded by Councilmember McBryde and carried unanimously 7 to 0. C. Consideration of bid award to Westinghouse Electric Supply Company, low evaluated bid, for purchase of one hundred thirty (130) 25 kVa CSP Overhead Transformers in the amount of $79,040.00. This item was presented by PWC Manager Tim Wood recommending award to the lowest evaluated bidder. Bids received were as follows: National Transformer Sales, Inc. $68,900.00 *Westinghouse Electric Supply Company $79,040.00 Power and Telephone Supply Company, Inc. $82,212.00 Tennessee Valley Electric Supply $83,070.00 Eastern Electric Supply, Inc. $84,110.00 HESCO, Inc. $86,320.00 Rigby Electric Supply $94,380.00 Mill Power Supply Company $99.801.00 Councilmember Bolton moved to award to the low evaluated bidder as recommended, seconded by Councilmember Ross and carried unanimously 7 to 0. D. Consideration of bid award to National Transformer Sales, Inc., low evaluated bid, for purchase of twenty-five (25) 50 kVa C8P Overhead Transformers in the amount of $15,475.00. Councilmember Cheek requested & clarification in the agenda backup for the bid award amount showing $25,475.00 in the recommendation and $15,475.00 in the bids received. Mr. Wood responded the $15,475.00 is correct. PWC Manager Tim Wood presented this item and recommended the award to the low evaluated bidder of National Transformer Sales, Inc., in the amount of $15,475.00. Bids received were as follows: *National Transformer Sales, Inc. $15,475.00 Eastern Electric Supply, Inc. $21,550.00 Westinghouse Electric Supply Company $21,750.00 Power and Telephone Supply, Inc. $22,207.50 Tennessee Valley Electric Supply $22,475.00 Mill Power Supply Company $23,383.50 HESCO, Inc. $24,725.00 Rigby Electric Supply $29,075.00 Councilmember Cheek moved to award to the low evaluated bidder as recommended, seconded by Councilmember McBryde and carried unanimously 7 to 0. E. Consideration of bid award to National Transformer Sales, Inc., low evaluated bid, for purchase of fifteen (15) 75 kVa Residential Padmount Transformers in the amount of $15,120.00 Bids received were as follows: *National Transformer Sales, Inc. $15,120.00 Eastern Electric Supply, Inc. $21,165.00 HESCO, Inc. $22,725.00 Westinghouse Electric Supply Company $22,890.00 Mill Power Supply Company $25,668.70 Rigby Electric Supply $29,580.00 Councilmember Pillow moved to follow the recommendation to award to the low evaluated bidder, seconded by Councilmember Bolton and carried unanimously 7 to 0. F. Consideration of bid award to Eastern Electric Supply, Inc., low bid meeting specifications, for purchase of 60,000' of 4/0 URD Triplex Cable in the amount of $45,240.00. This item was presented by PWC Manager Tim Wood with a recommendation to award to the low bidder meeting specification. Bids received were as follows: Mill Power Supply Company $44,031.00 *Eastern Electric Supply, Inc. $45,240.00 HESCO, Inc. $46,860.00 Rigby Electric Supply Company $47,760.00 Power and Telephone Supply $47,878.00 Elite Electric $48.225.00 Scott-Parris $49,800.00 Tennessee Valley Electric Supply $50,340.00 Councilmember McBryde moved to follow the recommendation to award to the low bid meeting specification, seconded by Councilmember Boltom and carried unanimously 7 to 0. G. Consideration of award of contract to Institutions Southeast, sole source, for reconstruction (lining) of approximately 2710' of sanitary sewer main in Dunn Road (U.S 301N), between Person St. and River Rd. in the amount not to exceed $200,280.50. This item was presented by PWC Manager Tin Wood with a recommendation to award to the sole source. Councilmember Torrey moved to follow the recommendation to award the contract, seconded by Councilmember Ross and carried unanimously 7 to 0. 5. Consideration of appeal of assessment on Southland Drive. (Continued from December 2, 1991.) This item was presented by City Attorney Bob Cogswell stating this is an appeal of a tax assessment which are considered as tax liens and have to be handled as tax appeals. There are three basis on which Council can relieve the property owner: (1) if it's imposed through clerical error, (2) if it's an illegal tax, or (3) if it's a tax levied for an illegal purpose. He distributed a letter received from Herb Thorp and requested Council hear Mr. Thorp at this time. Mr. Thorp gave a brief history of this situation and stated at the time the property was rezoned several years ago, they had recorded a "covenant against access" which gave the neighborhood the necessary assurances that they would not be using Southland Drive is a through street for heavy traffic. They discovered that the developer had deeded a spite strip to the City, and Mr. Riddle is now an abutting property owner. Mr. Thorp stated this property is abutting without benefit of access and therefore deriving no benefit from the paving by the City. Mr. Thorp continued by stating that one week following Mr. Riddle's letter to City Engineer Bob Bennett on March 31, 1987, a deed was filed for a one-foot-wide strip of land abutting the southern right-of-way line of Southland Drive. This was done without the knowledge of Mr. Thorp or Mr. Riddle. Mr. Thorp stated the appropriate action that they are asking for would be under the Statute 160A-228 entitled Hearing on Preliminary Assessment Roll Revision Confirmation. This deals with the public hearing and Council's action on the assessment in whole or in part. Mr. Thorp stated he is requesting Council to set this matter for a later date for the purpose of hearing from March Development Corporation to show cause as to whether the assessment roll on August 7, 1989, should or should not be modified to grant them the exemption. City Attorney Bob Cogswell stated that his and the City's position would be that proper notice was given to the property owner and their opportunity to argue no benefit would be at that public hearing. Once that public hearing has concluded and the statutory time has elapsed, they have no further opportunity to argue benefit. Mr. Cogswell stated the notice was sent to the property owner, Joseph P. Riddle, P.O. Box 53646, Fayetteville, NC 28305, by first-class mail, and it was not returned. Following some discussion, Councilmember Robertson moved to continue this item to February 3, seconded by Councilmember Bolton and carried 6 to l with Councilmember Pillow voting in opposition. A. Set public hearing for February 3, 1992, to consider the rezoning from R10 Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the west side of Stamper Road between Bragg Boulevard and the intersection of Lyon and Stamper Roads. (P91-125) Councilmember McBryde moved to approve the rezoning as recommended, seconded by Councilmember Cheek and carried unanimously 7 to 0. 6. Consideration of request from Friends of the Park for use of Tokay Recreation Center for children's museum. This item was presented by Carl Legatski stating that the Friends of the Park and the Parks and Recreation Advisory Commission has adopted the proposal by the steering Committee of FASCINATE-U to develop a children's museum at Tokay Recreation Center. He introduced Carol Stancil and Heather Scarff to make the presentation. Carol Stancil gave some examples of the hands-on items for the children's museum and requested Council's approval of the project so that they can begin obtaining additional resources such as grant donations and sponsorships. Heather Scarff presented the criteria for choosing this location in response to Councilmember Torrey's question. Parks and Recreation Director Robert Barefoot expounded on why this location was chosen over some of the others because of the size of the existing facility. Following some discussion, Councilmember McBryde moved to approve the concept as requested, seconded by Councilmember Robertson and carried unanimously 7 to 0. 7. 7. Consideration of approval of joint use agreement between Fayetteville Parks and Recreation Department and Cape Fear Teen Center. This item was presented by Chairman of Parks and Recreation Advisory Board Sandy Saunders requesting approval of the Joint Use Agreement. He introduced Commission members that were present in the audience and Teen Center Boardmembers. Councilmember McBryde moved to approve the agreement as recommended, seconded by Councilmember Robertson and carried unanimously 7 to 0. 8. Consideration of release of liability form for Fort Bragg assistance in Lamon Street ballfield project. Councilmember Bolton moved to approve the release of the liability as recommended by City Manager John Smith in the agenda packet. The motion was seconded by Councilmember Cheek and carried unanimously 7 to 0. 9. Consideration of adoption of ordinance transferring cablevision franchise and cablevision system operations to Time-Warner Entertainment Co., L.P. Councilmember Robertson moved to adopt the first reading of the ordinance as recommended by the City Attorney, seconded by Councilmember McBryde and carried unanimously 7 to 0. 10. Consideration of the following Transit Mall items. A. Consideration of repeal of Section 26-42 of the Fayetteville City Code. AN ORDINANCE REPEALING SECTION 26-42 (OPENING OF HAY STREET TRANSIT MALL). ORDINANCE NO. S1992-001. B. Consideration of amendment to Traffic Schedule No. 8 - Speed Control - to establish a 15 miles per hour speed limit on Transit Mall. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL, HAY STREET MALL). ORDINANCE NO. NS1992-002. C. Consideration of amendment to Traffic Schedule No. 11 - Parking Prohibited on Transit Mall. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 11 - PARKING PROHIBITED). ORDINANCE NO. NS1992-003. Councilmember Cheek introduced the foregoing ordinances A, B, and C and moved their adoption, seconded by Councilmember Ross and carried unanimously 7 to 0. Copies of the foregoing ordinances are on file in the Clerk's Office in Ordinance Book S1992 and NS1992. 11. Consideration of request from Fayetteville Airport Commission for joint meeting to discuss lease negotiations and landing fees. Councilmember Cheek requested that the status of the air service related matters and the access road be added to the agenda and moved to set the special meeting for January 13, 1992, 7:00 p.m. multipurpose room first floor City Hall for the joint meeting with the Airport Commission. The motion was seconded by Councilmember Ross and carried unanimously 7 to 0. The City Manager reminded Council that the lease negotiations would be in Executive Session. 12. Consideration of adoption of resolutions directing the City Clerk to investigate petitions requesting annexation. A. The Greens, Section 1, Part 1 (Contiguous Area) - submitted by Broadwell Land Company. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER GS 160A-31. RESOLUTION NO. R1992-008. B. Norton's Wrecker Service (Satellite Area) - submitted by Mark S. Norton. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER GS 160A-31. RESOLUTION NO. R1992-009. Councilmember Robertson introduced the foregoing resolutions A. and B. and moved their adoption, seconded by Councilmenber McBryde and carried 5 to 2 with Councilmembers Ross and Torrey voting in opposition. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1992. 13. Consideration of presentation and acceptance of Audit Report for Fiscal Year 91-92. This item was presented by Eddie Burke, Field Manager for Cherry, Bekaert & Holland. He walked Council through each section and reviewed some of the keyed highlights of the financial statement. Mr. Burke requested Council's acceptance of the Audit Report. Councilmember Bolton moved to accept the audit report for fiscal year 91-92, seconded by Councilmember Cheek and carried unanimously 7 to 0. City Manager John Smith presented Council with an outline of his findings and comments. 14. Appointments: A. Nominations to fill six vacancies on Appearance Commission. Councilmember McBryde moved to elect the five nominees by acclamation, seconded by Councilmember Bolton and carried unanimously 7 to 0. The names and terms are as follows: 1. Mr. Robbie Farris, Architect Category 2. Ms. Dawn MacKmull Berg, At-large Category 3. Mr. Bill Pollitt, At-large Category 4. Ms. Judy Masters, Landscape Category, elected for a second term 5. Mr. Lonnie Player, At-large Category, elected for a second term These terms will expire December 31, 1993. Nominations are still needed to fill the unexpired term to December 1992 of Mr. Gordon Rose, Engineer Category. B. Nominations to fill one vacancy on Wrecker Review Board. Nominations are still open for the Chairman of the Wrecker Review Board. Mr. Bill Mauldin was nominated by Councilmember Kendrick at the last meeting. Mr. Fred Richardson had submitted a letter showing his interest to serve. Following some discussion, Council took no action. This item will be placed on the next agenda. C. Nominations to fill two vacancies on Personnel Review Board. Councilmember Bolton moved to elect both nominees by acclamation, seconded by Councilmember McBryde and carried unanimously 7 to 0. They are as follows: 1. Mr. Charles Darlington was elected to fill the vacancy of Joe Lee Henderson to December 1993. 2. Mr. John Mitchell was elected for a second term to December 1993. D. Nominations to fill three vacancies on Redevelopment Commission. Councilmember Cheek moved to elect the three nominees by acclamation, seconded by Councilmember Bolton and carried unanimously 7 to 0. They are as follows 1. Mr. Matthew D. Jarmond, Jr., elected to fill the vacancy of Mr. J.T. Gibson. 2. Mrs. Beulah Wallace was elected to fill the vacancy of Veronica Wilson. 3. Mr. John Hood was elected to a second term. All the foregoing terms will expire December 31, 1993. 15. Administrative Reports A. Statement of taxes collected for the month of November, 1991, from the Cumberland County Tax Collector for a total amount of $2,660,488.02 was accepted by Council. B. Report on traffic signal removal on Campbell Avenue, Cool Spring Street and Old Wilmington Road submitted in the packet. C. Report of tax refunds of less than $100. 1. Donald A. and Kelley M. Winn - Illegal Tax: Military Non-Resident - $31.60 2. Glenn and James Williams - Equipment cost figures in error; leasehold improvements included in real value, business personal property - $71.67 3. Vander L. and Mable Smith - Taxpayer listed a 1976 Pontiac not owned - $26.29 4. Mr. and Mrs. Richard D. Serano - Taxpayer listed a 1984 Volvo not owned, Lot. 150 Kinwood, Section 5, 5711 Danville Drive and personal property - $34.83 5. Robert L. Rice - Adjust value of 1978 Lincoln per VIN correction, 2701 Colgate Drive, Lot 73, Section 2, Briarwood Mills and personal property - $4.91 6. James D. Jarvis - Taxpayer listed a vehicle not owned, 4606 Blanton Drive, one-half acre Vance and Lottie, Blanton Road, Lot 62 and personality - $56.29 7. Linda Faye Jackson - Correct tax district to Raeford Road - $66.95 8. John C. Guinn - Correct tax district to Pearces Mill - $48.78 9. Ulises and Sylvia Galarza-Castillero - Discovered in error, did not own vehicle - $8.23 10. Pamela Rene Branch - 1987 Chrysler charged on bill No. 3257511, 1990 Discovery - $51.28 11. Mr. and Mrs. James P. Allen - Adjust value of 1984 Lincoln per VIN correction, 3520 Cranbrook Drive, Lot 277, Section 3, North Hills and personal property - $25.91 12. Franklin and Lisa Raynor - Illegal tax, military non-resident - $49.28 D. Report on Thoroughfare Plan, Roadway Cross-Sections was submitted in packet. E. Report on Holiday Schedule for Sanitation Division was submitted in packet. F. Discussion of Pate Drive Paving. City Manager John Smith recommended this item be referred to Council's Streets and Roads Committee. Councilmember Bolton moved to refer this item to the Streets and Roads Committee of City Council, seconded by Councilmember McBryde and carried unanimously, 7 to 0 16. Consideration of request for Executive Session to discuss Industrial Development Project. Councilmember McBryde moved to follow the recommendation of the City Manager to participate in the Industrial Development Project, seconded by Councilmember Cheek and carried unanimously 7 to 0. 17. Consideration of acceptance of dedication of right-of-way on Blanton Road. City Attorney Bob Cogswell presented this item and recommended adoption of the resolution which would save the City some money on this project. A RESOLUTION ACCEPTING A PORTION OF A PUBLIC GRADED ROAD ON PLAT BOOK 15, PAGE 50, OF THE CUMBERLAND COUNTY REGISTRY (BLANTON ROAD SOUTH OF PAMELEE DRIVE). RESOLUTION NO. R1992-010. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried 6 to 1 with Councilmember Robertson in opposition. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. There being no further business, the meeting was adjourned at 9:16 p.m. upon motion and second. Approved January 21, 1992 JOINT MEETING WITH AIRPORT COMMISSION MONDAY, JANUARY 13, 1992 FAYETTEVILLE CITY COUNCIL JOINT MEETING WITH AIRPORT COMMISSION CITY HALL MULTIPURPOSE ROOM (FIRST FLOOR) 433 HAY STREET MONDAY, JANUARY 13, 1992 7:00 P.M. Members Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Tom Ray, Airport Manager Mayor Dawkins called the meeting to order and recognized the members of the City Council, the Airport Commission, and staff. Council first heard a report by the Airport Manager on service levels and traffic figures at the Airport for the period 1982 through December 21, 1991. The Airport Manager then reported on the status of the Highway 301 access road. Mr. Ray stated work has begun on the environmental impact statement for this project. The next item for discussion was the matter of lease negotiations and landing fees. Upon motion by Councilmember Ross, seconded by Councilmember Kendrick, Council voted unanimously to enter into Executive Session to discuss lease negotiations and landing fees at the Airport. Upon motion by Councilmenber Ross, seconded by Councilmember Robertson, Council voted unanimously to adjourn Executive Session and the meeting at 8:55 p.m. REGULAR MEETING MINUTES TUESDAY, JANUARY 21, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET TUESDAY, JANUARY 21, 1992 7:00 P.M. PRESENT: Mayor J. L. Dawkins Councilmembers Mildred Evans (At-Large), Milo McBryde (At-Large), Nat Robertson (At-Large), Tommy Bolton (District 1), Ida Ross (District 2), Joe Pillow (District 3), Thelbert Torrey (District 4), Mark Kendrick (District 6) Suzan Cheek (District 5) arrived at the meeting at 7:46 p.m. ABSENT: None OTHERS PRESENT: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Al Mitchell, Assistant City/County Planning Director Mike Walker, Interim City Engineer Louis Chalmers, City Traffic Engineer Kai D. Nelson, Finance Director Richard Herrera, Community Services Director Wayne McGary, Chairman, Historic Resources Commission George Yourgal, Citizen 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 Tim Medlin, Associate Pastor, College Lakes Baptist Church, followed by the pledge of allegiance led by Raymond Harmon of Cub Scout Troop 747, Den 1. RECOGNITION: Mayor Dawkins recognized Cub Scout Troop 747, Den 1, Scout Master Bill Carey, and the Junior Service League. 1. Approval of Agenda City Manager John Smith requested that Schedule 10 in Item 2.K be added to the agenda. This ordinance was included in the packet but was omitted from the agenda. Councilmember Bolton moved to approve the agenda with the addition, seconded by Councilmember Pillow and carried unanimously 8 to 0. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. There being none, Councilmember McBryde moved to approve the consent agenda, seconded by Councilmember Bolton and the following items were approved unanimously 8 to 0: A. Approve minutes of regular meeting of January 6, 1992. B. Set public hearing for February 3, 1992, for public input on plan for compliance with American Disabilities Act. C. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing on preliminary assessment roll for the following locations: (Public hearing date: February 18, 1992): 1. Barrington Circle RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR BARRINGTON CIRCLE (FROM BRAGG BOULEVARD TO BRAGG BOULEVARD). RESOLUTION NO. 1992-011. 2. Converse Court RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR CONVERSE COURT (FROM CONVERSE AVENUE TO CUL-DE-SAC). RESOLUTION NO. R1992-012. 3. Summer Duck Road RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR SUMMER DUCK ROAD (FROM RURITAN DRIVE TO DEAD END). RESOLUTION NO. R1992-013. Copies of the foregoing resolutions are on file at the Clerk's office in Resolutions Book 1992. D. Adopt Capital Project Ordinance Amendments 92-9, 92-10, and 92-11. Capital Project Ordinance Amendment 92-9 The City has entered into a service agreement with Concurrent Computer Corporation to provide maintenance for the Digital Traffic System. The service charges of the agreement total $6,348. The costs of the Service agreement will be shared by the NCDOT ($5,459 or 86%) and City ($889 or 14%). This ordinance amendment appropriates NCDOT's share of the costs. The City's share will not require an additional appropriation as current project funds will be utilized. Capital Project Ordinance Amendment 92-10 The Parks and Recreation Department has received additional owner contributions to the Street Releaf program in the amount of $1,380. This ordinance appropriates those additional receipts. Capital Project Ordinance Amendment 92-11 The City has received from the NCDOT a funding authorization to proceed with the replacement of the Winslow Street bridge totaling $501,202. This ordinance amendment appropriates additional funds as required to reflect the funding authorization. E. Adopt Capital Project Ordinance Partial Closeouts 92-6, 92-7, and 92-8. The purpose of these partial closeouts is to remove obsolete records which represent the completion of various phases in the respective projects. The total budget and financial activity to be removed represent the total expenditures as of June 30, 1991, as audited by the City's independent auditors, Cherry, Bekaert & Holland. F. Adopt Capital Project Ordinance Closeouts 92-2, 92-3, 92-4, and 92-5. Capital Project Ordinance Closeout 92-2 The Parks and Recreation Department has completed the Park Improvement Projects which were initially approved by Council on June 22, 1987. The projects involved improvement of facilities located at the Honeycutt, Seabrook, Spivey, Edgewood/Tokay, Massey Hill and North Street recreation centers; construction of the Clark Park Nature Center and Rowan Street Park bond shell platform; and improvements to facilities at the Mazarick and College Lakes parks. This ordinance will recognize the completion of these projects and authorize the removal of project expenditures from the City's accounting records. Capital Project Ordinance Closeout 92-3 The Parks and Recreation Department has received the completed design work and documents for the Downtown Linear Park. The purpose of the project was to provide preliminary design for the Downtown Linear Park and final design and construction documents for Phase One development of the park. This ordinance will recognize the completion of this project and authorize the removal of project expenditures from the City's accounting records. Capital Project Ordinance Closeout 92-4 The Community Development Department has completed the 14th program year rental rehabilitation project. During the course of the project the City's rental rehabilitation received bonus funding from HUD in the amounts of $32,000 and $60,000. In both cases HUD indicated the bonuses were ". . . the result of the excellent manner in which the Program has been administered and the timely use of Rental Rehabilitation funds." This ordinance will recognize the completion of this project and authorize the removal of project expenditures from the City's accounting records. G. Adopt Special Revenue Fund Project Ordinance 92-1 and 92-2. Special Revenue Fund Project Ordinance 92-1 The Fayetteville Police Department has received additional Federal Forfeiture funds totaling $61,604. This ordinance appropriates these additional receipts. Special Revenue Fund Project Ordinance 92-2 The Fayetteville Police Department has requested and received a grant in the amount of $3,200 from the Florence Rogers Charitable Trust. The purpose of the grant is to provide an early intervention project in the form of Judo classes for at-risk youths in low-income housing communities under the auspices of the Police Athletic League (PAL). This ordinance establishes the necessary accounts to record program expenditures. H. Adopt ordinance transferring cablevision franchise and cablevision system operations to Time-Warner Entertainment Co., L.P. (Second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING TRANSFER OF CABLEVISION FRANCHISE. ORDINANCE NO. NS1992-004. A copy of the foregoing ordinance is on file in the Clerk's office in NS Ordinances Book 1992. I. Adopt resolution authorizing condemnation of Parcel N-1 for the Bayview Drive drainage easement. The appraisal is pending on this project. The dollar amount has not been determined as of this meeting. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1992-014. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book 1992. J. Adopt resolution setting a public hearing for closing a portion of North Pearl Street from the northeasternmost corner of Lot 19, Block "B", Edenroc Subdivision, Plat Book 25, Page 3, to the southeastern line of Edenroc Subdivision. (Public hearing date: February 18, 1992.) PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF NORTH PEARL STREET. RESOLUTION NO. R1992-015. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book 1992. K. Approve revisions to Traffic Schedule Number 6 (Stop Intersections), Traffic Schedule Number 11 (Parking Prohibited), and Traffic Schedule Number 10 (Loading Zones). AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 6 - STOP INTERSECTIONS, GARDEN COURT SHALL STOP AT FAIR OAKS DRIVE AND FAIR OAKS DRIVE SHALL STOP AT COTTAGE WAY). ORDINANCE NO. NS1992-005. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLE AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 11 - PARKING PROHIBITED, HAY STREET). ORDINANCE NO. NS1992-006. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 10 - LOADING ZONES, HAY STREET). ORDINANCE No. NS1992-007. Copies of the foregoing ordinances are on file in the Clerk's office in NS Ordinances Book 1992. L. Approve lease agreement between City of Fayetteville and The Women's Center, Inc., for space in Transit Information Canter (224 Hay Street). M. Approve bid award for purchase of two (2) 28,000 pounds GVW cab and chassis to LaFayette Motor Sales, low bidder, in the amount of $56,000.00. (PWC) Bids received were as follows: *LaFayette Motor Sales $56,000.00 USI Equipment $56,100.00 Owsley & Sons, Inc. $56,132.00 Utility Equipment Sales $56,900.00 Baker Equipment Engineering $57,812.00 Altec Industries, Inc. $56,028.00 N. Approve bid award for purchase of two (2) Aerial Lifts with Utility Bodies to Altec Industries, Inc., low bidder, in the amount of $77,162.00. (PWC) Bids received were as follows: *Altec Industries, Inc. $77,162.00 Utility Equipment Sales $79,530.00 Owsley & Sons, Inc. $79,640.00 USI Equipment $81,554.16 Baker Equipment Engineering $82,138.00 LaFayette Motor Sales $82,138.00 O. Approve bid award for purchase of Relay and Control Switchboards for POD #1 (Owen Drive Substation) to Keystone Electric, low bidder, in the amount of $123,533.00. (PWC) Bids received were as follows: *Keystone Electric $123,553.00 WESCO $131,114.00 Systems Control $133,182.00 Clark Substations $139,725.00 Kemco Industries $145,622.00 Electronic Power $155,857.00 P. Approve bid award for purchase of Relay and Control Switchboards for POD #3 (Reilly Road Switching Station and Waters Edge Substation) to Keystone Electric, Inc., low bidder, in the amount of $356,840.00. (PWC) Bids received were as follows: *Keystone Electric $356,840.00 WESCO $388,150.00 Systems Control $400,555.00 Kemco Industries $407,278.00 Clark Substations $427,375.00 3. Public Hearings: Mayor Dawkins read the policy on the time limit for public hearings and non-public hearings. A. Consideration of designation of John A. Oates House as historic property. (Joint public hearing with Historic Resources Commission) Mayor Dawkins announced this was a joint public hearing with the Historic Resources Commission. Councilmember Bolton raised a question as to whether a quorum of the Historic Resources Commission would be required. After discussion with City Attorney Robert Cogswell, the hearing moved forward. The public hearing opened at 7:11 p.m. Wayne McGary, Chair of the Historic Resources Commission, stated the Commission felt the John A. Oates House was of sufficient historic and architectural value, that it should be placed on the Historic Register. There was none to speak in opposition to this designation. The public hearing was closed at 7:13 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING THE JOHN A. OATES HOUSE AS A HISTORIC LANDMARK. ORDINANCE NO. NS1992-008. Councilmember Bolton moved to approve the designation of the John A. Oates House as historic property and to adopt the foregoing ordinance. The motion was seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in NS Ordinances Book 1992. B. Consideration of an application by Larry R. Godwin for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-35, Prohibited Uses," Item (1), to allow the operation of an abattoir in an M2 Industrial District for am area located on the west side of Eastern Boulevard (SR 1737), between SR 1738 and River Road (SR 1714). (P91-130) This item was presented by Al Mitchell, Assistant City/County Planning Director. The Planning Board recommended approval of this special use permit with the requirement that the standard noise, smoke, and odor regulations be maintained at all times pursuant to Section 32-35 of the Fayetteville Code of Ordinances. Mr. Mitchell told Council they must make a finding that this action would not be detrimental to public safety, health, or welfare. The public hearing was opened at 7:15 p.m. There were none to speak in favor or opposition to this matter, and it was closed at 7:16 p.m. Councilmember Kendrick made a motion that the recommendation of the Planning Board with the special requirements be approved with a finding by the Council that this special use permit would not bs detrimental to the safety, health, or welfare of the public. The motion was seconded by Councilmember Bolton and approved unanimously 8 to 0. 4. Consideration of award of contract for Winslow Street Bridge repair to C.C. Mangum, Inc., low bidder. John Smith, City Manager, presented this item. He brought to the attention of the Council that this project had an incentive clause of $500 per calendar day not to exceed $15,000 while the liquidation damage clause is $500 per each day of overrun. WHEREAS, all of the bids duly and regularly made on the parts of several works specifically referred to in the Proposal were duly opened, read, tabulated and canvassed, and WHEREAS, after due consideration, it was determined that the acceptance of the Bid of C.C. Mangum, Inc., would best conserve the interests of the City of Fayetteville, North Carolina. NOW, THEREFORE, be it resolved that the City of Fayetteville do and hereby does award the Contract for all of said parts of said work to said C. C. Mangun, Inc., at and for the rates and prices set out in said Proposal, said award being subject to all conditions and stipulations set out in the Contract Documents above mentioned and the Mayor and City Clerk are hereby authorized and directed to execute said contract on behalf of the City of Fayetteville, North Carolina. Councilmember Evans made a motion to approve bid award to C.C. Mangum, Inc. for $432,515.22, seconded by Councilmember Evans and carried unanimously 8 to 0. Bids received were as follows: *C.C. Mangun, Inc. $432,515.22 Raleigh, NC Della Construction of North Carolina $448,064.10 Sanford, NC Sanford Construction Company $478,459.88 Sanford, NC CITY ESTIMATE $413,799.30 5. Consideration of request from George Yourgal to appear before City Council regarding McFayden Lake. Mr. George Yourgal, 5577 Mix Road, Fayetteville, North Carolina, addressed the Council and solicited their help in getting the state of North Carolina to delay the draining of McFayden Lake. This action by the state is to be taken because of an unsafe dam, which is owned by Dr. Saliba and the De LaFayette Restaurant. Mr. Yourgal stated that the lake contains approximately 70 acres and would become a health hazard to the community if drained. He stated the property value of the owners of the property around the lake would be decreased as a result of this action. The approximate cost to repair the dam could be between $500,000 to $700,000 according to Mr. Yourgal. Councilmember McBryde raised the issue of the City's liability if something should happen to the dam during the delay time. Mr. Smith, City Manager, addressed the Council and suggested they instruct the staff to investigate the situation. Councilmember Evans made a motion that the City staff check into the situation and contact the state on behalf of the City and the property owners surrounding McFayden Lake, seconded by Councilmember Kendrick and passed unanimously 8 to 0. 6. Report from Streets and Roads Committee. City Manager John Smith presented the report. He recommended the Council approve the six recommendations of the Committee and instruct the staff to prepare the ordinance for further consideration. Mr. Smith reported the second issue discussed was impact fees. The staff will be bringing a proposed consultant contract to City Council on this matter in the near future. Mr. Smith further reported that a meeting was scheduled with a development group and citizens for further discussion of the proposed street standards. Councilmember Kendrick stated the data did not support the installation of a traffic signal at the intersection of Commerce and Robeson Streets. Councilmember Kendrick moved to have staff draft ordinances for presentation to the City Council, seconded by Councilmember Torrey and carried unanimously 8 to 0. The approved items are as follows: 1. The City adopt the state Commercial weight limits for City streets (GS 20-118). 2. The City establish a new "Light-truck" traffic schedule with a 13,000 pound/axle limit. Streets with observed pavement failures can be added to this schedule as necessary. 3. That non-truck route streets with reported and observed cut-thru truck traffic problems be posted with "No Thru Trucks" signs to assist with enforcement. 4. That a permit/bonding procedure be developed that would establish haul routes for construction traffic on local streets, require a pavement inspection before and after construction activities, and bond the contractor for repair of streets damaged by construction traffic. 5. That the Police Department either develop weight limit enforcement capabilities or coordinate enforcement with the North Carolina Department of Motor vehicles. 6. That residential collector street pavement be constructed to minor thoroughfare standards to accommodate anticipated heavy commercial traffic. 7. Consideration of request from Councilmember Ida Ross for discussion of naming a street in honor of Dr. Martin Luther King, Jr. Councilmember Ida Ross expressed to the Council her concerns regarding the naming of a City street for Martin Luther King, Jr. She feels that the City is making history by its inaction and that something should be done about the situation. Councilmember Ross stated that Councilmember Bolton had spoken to her about the possibility of a park being named in honor of Mr. King, and now she would like to know what the other Councilmembers want to do. Councilmember Torrey stated he felt that Fayetteville should follow the path of other communities that have named a street or road after Dr. King. This action would be in line with the new City logo and would enhance the image of the City of Fayetteville. Mr. Torrey suggested Murchison Road be changed to Martin Luther King, Jr., Highway/Boulevard. Councilmember Evans stated she would like for the record to show that the City Council thought Dr. King was a great and good man and that he died for what he believed in. Councilmember Pillow expressed his concern about taking away a street name already associated with the minorities in Fayetteville. He suggested a study be done to designate the streets that would qualify for a name change. He did not feel the CBD Loop was appropriate. He also stated he was opposed to changing a street name that was done in honor of another person. Councilmember Torrey made a, motion that the name of Murchison Road be changed to Martin Luther King, Jr., Expressway/Boulevard/Drive, seconded by Councilmember Ross. Councilmember Evans stated that a survey should be made of the inhabitants to see if they were in agreement because a survey had always been done when a name change was involved. Councilmember Evans offered a friendly amendment to Mr. Torrey's motion that if a majority of property owners were in favor of the change, then it should be done. John Smith, City Manager, informed Council that their policy regarding name changes in streets calls for a public hearing. This was not by ordinance and the policy could be changed by them if they be desired. Councilmember Kendrick stated he did not want to do a survey which was expensive to the taxpayers. He thought we should hold a public hearing on the matter. Councilmember Suzan Cheek arrived at the meeting at 7:46 p.m. A discussion ensued regarding the public hearing question. After determining that it would take 30 days or longer to give proper notices, Councilmember McBryde questioned the motion on the floor. He asked for clarification as to whether the motion changed the name immediately or would a survey be done with the findings being brought back to the City Council for a decision regarding renaming of the street. Councilmember Evans made a substitute motion to have a survey done of property owners and then have the issue brought back to City Council, seconded by Councilmember Bolton. Councilmember McBryde asked if a public hearing would be required. Councilmember Cheek asked for clarification as to whether a survey would be of the occupants or property owners. She expressed her preference for a public hearing rather than a survey. At this point Councilmember Bolton withdrew his second to the substitute motion made by Councilmember Evans. Mayor Dawkins called for a second to Councilmember Evans' motion. No second was heard. The substitute motion died for lack of a second. Councilmember Kendrick stated he was for a public hearing and not a survey. A discussion of the status of Councilmember Torrey's motion and Councilmember Evans' friendly amendment followed. The restated motion was that Murchison Road would be renamed Martin Luther King after a survey of property owners had been conducted and the results brought back to City Council for final action. Mayor Dawkins called for a vote on the motion/friendly amendment. The motion was defeated by a vote of 6 to 3. Councilmembers Torrey, Ross, and Evans voted for the motion and Councilmembers Cheek, Robertson, Kendrick, Pillow, McBryde, and Bolton voted against the motion. Councilmember Pillow made a motion requesting the staff to meet with the Planning Department and compile a list of streets that could be named after Martin Luther King, Jr. Councilmember Cheek asked Mr. Pillow to state the criteria to be considered in the selection of these streets. Mr. Pillow replied that it should be a street with high visibility throughout the City and not contained to just a minority neighborhood. Mr. Pillow's motion was seconded by Councilmember Robertson and passed unanimously 9 to 0. 8. Consideration of request for legal representation. City Attorney Robert Cogswell presented this item. He stated that William H. Simons was requesting James R. Nance be hired to represent him at a rate of $100 per hour. Also, Tom Guilette had requested that William (Billy) Richardson be retained for him at a rate of $90 per hour. Councilmenber McBryde moved that Attorneys Nance and Richardson be appointed as requested, seconded by Councilmember Cheek and carried unanimously 9 to 0. 9. Appointments: A. Nominations to fill one vacancy on Appearance Commission. There were no nominations to fill the vacancy onl the Appearance Commission. B. Nominations to fill one vacancy on Wrecker Review Board. The Council voted unanimously 9 to 0 to place Bill Mauldin as Chairman on the Wrecker Review Board. 10. Administrative Reports: A. Statement of taxes collected for the month of December 1991 from the Cumberland County Tax Collector. The total amount collected for December 1991 was $5,905,592.63. B. Report of disposal of surplus property. The list of surplus property is attached to and made a part of these minutes. There being no further business, the meeting was adjourned at 8:12 p.m. upon motion and second. MEMORANDUM January 3, 1992 Page 2 DATE SURPLUS ITEMS SOLD TO WHOM SOLD SALE PRICE 7-24-91 Recycle Paper Paper Stock Dealers $ 71.10 7-30-91 79 Chev. Chevette Charlie R. Cooke 300.00 7-30-91 79 Chev. Chevette Charlie R. Cooke 300.00 8-05-91 Recycle Paper Paper Stock Dealers 39.75 8-05-91 Salvage Batteries Beacon Auto Parts 45.00 8-09-91 Recycle Paper Wayne Community Foundation 99.36 8-15-91 85 Chev. Impala Cooper's of Fayetteville 100.00 8-26-91 57 America LaFrance Cooper's of Fayetteville 425.00 9-03-91 Scrap Tires Mullins Tire Barn 30.00 9-03-91 Recycle Paper Paper Stock Dealers 32.70 9-03-91 Salvage Batteries Beacon Auto Parts 30.00 9-26-91 Scrap Metal Cohen & Green Salvage 417.80 10-10-91 Scrap Metal R.J. Farms 125.00 10-16-91 Obsolete Compressors T & H Brake Service 200.00 10-16-91 Salvage Batteries Beacon Auto Parts 50.00 10-22-91 Recycle Paper Paper Stock Dealers 17.50 10-24-91 Salvage Tires Cook's Tire Center 500.00 10-10-91 Recycle Paper Wayne Community Foundation 167.40 11-04-91 Salvage Wire Cohen & Green Salvage 100.00 11-15-91 Scrap Metal Cohen & Green Salvage 30.00 11-18-91 Salvage Uniforms Abney Chapel Community Ser 10.00 11-18-91 Salvage Table South End Baptist Church 10.00 11-18-91 Recycle Paper Paper Stock Dealers 18.60 11-20-91 Scrap Metal Cohen & Green Salvage 212.50 11-29-91 Obsolete Sandblaster Buford Horne 175.00 11-29-91 Salvage Batteries Beacon Auto Parts 68.00 12-02-91 Scrap Wood Richard N. Hart 75.00 12-10-91 Recycle Paper Paper Stock Dealers 42.45 12-10-91 Scrap Metal Cohen & Green Salvage 16.35 12-18-91 Salvage Drums Frederick Smith 60.00 Item 9B 1-21-92 INFORMATION MEETING MINUTES MONDAY, JANUARY 27, 1992 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, JANUARY 27, 1992 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting order and recognized Reverend Sandy Saunders for the invocation. Mayor Dawkins then led the audience in the Pledge of Allegiance to the American Flag. Upon motion by Councilmember McBryde, seconded by Councilmember Kendrick, Council voted unanimously to approve the agenda. Mayor Dawkins then recognized the Co-Chairmen of the Mayor's Task Force on Drugs in Our Community, Reverend Sandy Saunders and Mrs. Lois Moses, for a presentation of the Task Force Report. Reverend Saunders and Mrs. Moses reviewed the task of the Committee and summarized the recommendations. Upon motion by Councilmember Bolton, seconded by Councilmember McBryde, Council voted unanimously to accept the Task Force Report. Upon motion by Councilmember Bolton, seconded by Councilmember McBryde, Council voted unanimously to direct the City Manager to immediately implement Recommendation No. 3, to direct the City Attorney to develop the resolutions identified in Recommendations 4, 5, and 6 for action by City Council at their next meeting, and to refer the other nine (9) recommendations to staff for an immediate return to Council with staff evaluation and recommendations. Mayor Dawkins then presented certificates of appreciation to all members of the Task Force. City Manager John Smith gave Council a preliminary estimate of the coat for each recommendation of the Task Force. He stated that these were preliminary requests by the Department Heads and had not been reviewed by the Manager or placed in any priority order. Upon motion by Councilmember Cheek, seconded by Mayor Pro-Tem Evans, Council voted unanimously to commit to the implementation of Recommendation No. 7 (mounted/neighborhood foot patrol officers) and requested the staff to return to Council at the next meeting with a specific plan and cost for this implementation. Councilmember Kendrick asked that the staff review of all recommendations include a time for implementation. Council next heard from Pamela R.M. Alkins who expressed her concerns about the imposition of a curfew. Next item was the presentation of a change in the operation of the Farmer's Market by Assistant City Manager Roger Stancil. Mr. Stancil explained the proposed contract between the County and the Women's Center for management of the Farmer's Market. He stated it is the staff's opinion that this contract does not affect the interlocal agreement between the County and the City regarding the Farmer's Market and that the County would continue to reimburse the City for utilities. Scott Loehr, Curator of the Museum of the Cape Fear, presented plans for the Museum of the Cape Fear Historical Complex and the current effort to reconstruct the northwest tower of the North Carolina Arsenal. He was assisted in this presentation by Mr. Reggie Barton of the Museum of the Cape Fear Board of Advisors. Assistant City Manager Roger Stancil then presented an update on the Market House Restoration Project. He stated that the City had approached Fayetteville Technical Community College to seek their assistance in completing the restoration. Agreements had been signed with FTCC under which the City will provide materials and FTCC will provide student labor for this project. The current estimates are that this will allow the exterior restoration of the Market House to be completed within funds already appropriated. City Manager John Smith provided information to Council in preparation for deliberations on the 1992-93 budget. His presentation included a review and projection of revenues and expenditures and a status of fund balance. He also discussed his plan to evaluate 10 percent of the City's programs each year for the next 5 years in order to establish a more logical process for the allocation of resources. City Manager John Smith then presented an update on the status of demolition of 17 downtown buildings. The City Manager then presented a status report on street improvement projects currently underway. Councilmember Cheek asked for a more complete schedule on the McPherson Church Road/Morganton Road project. Upon motion by Councilmember Robertson, seconded by Councilmember Kendrick, Council voted unanimously to adjourn. REGULAR MEETING MINUTES MONDAY, FEBRUARY 3, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, FEBRUARY 3, 1992 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large); Nat Robertson (at-large), Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (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, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Al Mitchell, Assistant City/County Planning Director Frank Simpson, Inspections Superintendent Jerome Brown, Transit Director Peter Pavlikianidis, Citizen 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. Ernie Johnson, Senior Pastor of Highland Presbyterian Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. Approval of Agenda Mayor Pro-Tem Evans moved to approve the agenda, seconded by Councilmember Robertson and carried unanimously. 2. Consent Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. There being none, Councilmember Bolton 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 joint meeting between Fayetteville City Council and Fayetteville Airport Commission of January 13, 1992. B. Approve minutes of regular meeting of January 21, 1992. C. Approve minutes of information meeting of January 27, 1992. D. Approve requests for tax refunds. Please Note: To view the tax refund table, please see Book Y, page 74 of the City of Fayetteville Meeting Minutes. E. Approve Supplemental Agreement Number 2(A) between Fayetteville Regional Airport and Wilbur Smith Associates in the amount of $135,000.00 F. Award of construction contract for underground storage tank removal and installation to Braswell Equipment Co., Inc., lowest bidder in the amount of $170,499.00. Bids received were as follows: *Braswell Equipment Co., Inc. $170,499.00 J.J. Barnes, Inc. $219,370.00 Jones & Frank Corporation $226,381.05 G. Set public hearing for February 18, 1992, to consider petitions for 25 miles per hour in College Lakes Subdivision. H. Approve the initial zoning to R10 Residential District and C1 Local Business District or to a more restrictive zoning classification for an area located at the intersection of Roxie Avenue and Boone Trail, west of Carlos Avenue and being the property of W.E. Royal, Richard E. Esslinger and Robert E. Hallisey. (P92-2) 3. Public Hearings: Mayor Dawkins read the policy for the public hearing speakers and non-public hearing speakers. A. Consideration of public input on plan for compliance with American Disabilities Act. This item was presented by Jerome Brown, Transit Director, giving the sailent points of the plan as follows: 1. The services to the elderly and handicapped under ADA will be within the same service area as the fixed route system. 2. All fixed route buses will be equipped with wheelchair lifts as the current ones are replaced. 3. A paratransit system to provide door-to-door service must be created. The door-to-door service must be provided within 3/4 of a mile of the current bus routes. 4. The City of Fayetteville will be the certifying agency for approving ADA eligibility. Following questions by Council, the public hearing was opened at 7:36 p.m. Mayor Dawkins recognized Nancy Dever, P.O. Box 35171, stating she had served on the ADA Committee and is here to request sons clarification on several points. Ms. Dever was quoting from the ADA booklet she had received; she questioned why the City is not in compliance when the deadline was January 26, 1992, and really should have been in place by July 1, 1990. She also stated that Cumberland County has contracted with City Transit and there have been so many problems brought about by this Human Service Transportation System (HSTS) not fulfilling the people's needs, that the County is considering not recontracting with the City in July, which means they will pull all the County vans and the City will have to buy new vans. Mayor Dawkins requested Jerome Brown to respond to these concerns at the end of the public hearing. Marie Presler, 114 Hearthstone Drive, encouraged Council to read their copy of the ADA. She feels that Council does not care about any of the handicapped or elderly citizens. Ms. Presler stated that she feels the handicapped and elderly have to spend entirely too much money just to get to the doctor on fixed incomes and they need this pickup service. Dorothy Bullard Kimbrough, 517 Donovan Street, stated she is in favor of any service that will get to the handicapped and elderly individuals. Harry Bennett, 2116 Henry Street, President of the Local Federation of the Blind, concurred with the other speakers. There being none further to speak on this matter, the public hearing was closed at 7:52 p.m. Jerome Brown quoted from the 1988 Paratransit Handbook used to serve as a guideline in preparing the ADA plan stating they were to be in full compliance as soon as possible but no later than January 26, 1997. John Smith stated that the plan will be presented to the Cumberland County Joint Planning Board before it is considered again by City Council. If approved by Council, the plan will be submitted to the Federal Urban Mass Transportation Administration (UMTA). B. Consideration of an application by James M. Kizer for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-23, Item (4a), to establish grounds and facilities for a private questrian center and pasture to operate on a nonprofit basis in an R10 Residential District for am area located on the east side of U.S. HWY 401 North (Raleigh Road), east of Andrews Road (SR 1611). (P91-129) This item was presented by Assistant Planning Director Al Mitchell stating that the Planning Board and Planning staff recommended approval with the findings that it will not be detrimental to the surrounding area and it fits in with the character of the area. The public hearing was opened at 7:58 p.m. and there being none to speak in favor or opposition to this matter, the public hearing was closed. Councilmember Bolton moved to follow the recommendation to approve the Special Use Permit with the findings that it will not be detrimental to the surrounding area and it fits in with the character of the area. The motion was seconded by Councilmenber McBryde and carried unanimously. 4. Consideration of appeal of assessment on Southland Drive. (Continued from January 6, 1992). This item was presented by City Attorney Bob Cogswell stating that Attorney Herb Thorp has requested a continuance until the second meeting in March. Councilmember Cheek moved to continue this item until March 16, seconded by Councilmember Pillow and carried unanimously. 5. Consideration of request to address City Council from Peter Pavlikianidis. Mr. Peter Pavlikianidis appeared before Council to appeal the lien on his property at 209 Lawrence Street. City Manager John Smith referred to the backup information in the agenda packet showing the registered letters to Mr. Pavlikianidis dating back to 1989. Council took no action. 6. Consideration of resolutions recommended by Mayor's Task Force on Drugs in our Community. A. Resolution urging the Cumberland County Commissioners to take immediate steps to enlarge the Cumberland County Jail. This item was presented by City Manager John Smith with a recommendation by the Mayor's Task Force On Drugs recommending adoption of the resolutions. A RESOLUTION URGING THE CUMBERLAND COUNTY COMMISSIONERS TO TAKE IMMEDIATE STEPS TO ENLARGE THE CUMBERLAND COUNTY JAIL. RESOLUTION NO. R1992-016. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. B. Resolution urging the Cumberland County Legislative Delegation to strongly support immediate construction of additional prisons in keeping with the successful state-wide bond referendum of November, 1990. A RESOLUTION URGING THE CUMBERLAND COUNTY LEGISLATIVE DELEGATION TO STRONGLY SUPPORT IMMEDIATE CONSTRUCTION OF ADDITIONAL PRISONS IN KEEPING WITH THE SUCCESSFUL STATE-WIDE BOND REFERENDUM ON NOVEMBER 1990. RESOLUTION NO. R1992-017. The foregoing resolution was introduced by Councilmember Robertson and moved its adoption, seconded by Councilmember Pillow and carried unanimously. C. Resolution encouraging the Cumberland County Commissioners to expand treatment and aftercare services, including halfway houses, for chemically dependent persons and their families. A RESOLUTION ENCOURAGING THE CUMBERLAND COUNTY COMMISSIONERS TO EXPAND TREATMENT AND AFTERCARE SERVICES, INCLUDING HALFWAY HOUSES, FOR CHEMICALLY DEPENDENT PERSONS AND THEIR FAMILIES. RESOLUTION NO. R1992-018. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmenber Torrey and carried unanimously. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1992. 7. Discussion of recommendations by Mayor's Task Force on Drugs in our Community. City Manager John Smith presented this item which was a continuation from the Information Meeting. He offered three recommendations as a first step in implementing the recommendations that were adopted. Mayor Pro-Tem Evans suggested that we furnish the three (3) police officers and start arresting the customers as well as the sellers. She suggested the best time to accomplish this is between 4:00 p.m. and 2:00 a.m. Following some discussion, Councilmember Cheek moved to add three (3) police officers and authorize funding from the Contingency Fund or have staff bring back a budget ordinance amendment. The motion was seconded by Councilmember Robertson and carried unanimously. Councilmember Kendrick moved to set aside up to $250,000.00 matching grants, seconded by Councilmember Bolton and carried unanimously. 8. Consideration of adoption of resolutions fixing date of public hearings (February 18, 1992) concerning annexation petitions: A. The Greens, Section 1, Part l (Contiguous Area) - submitted by Broadwell Land Company. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31 AS AMENDED. RESOLUTION NO. R1992-019. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried 7 to 2 with Councilmembers Ross and Torrey voting in opposition. B. Norton's Wrecker Service (Satellite Area) - submitted by Mark S. Norton. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31 AS AMENDED. RESOLUTION NO. R1992-020. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 6 to 3 with Councilmembers Torrey, Robertson, and Cheek voting in opposition. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1992. 9. Consideration of adoption of resolution revising the electoral district boundaries of the City for the purpose of accounting for territory annexed to the City. (Roxie Avenue) RESOLUTION ADOPTING A REVISION TO THE ELECTORAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION NO. R1992-021. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Ross and Torrey voting against. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. 10. Appointments A. Nominations to fill one vacancy on Appearance Commission. There were no nominations to fill the unexpired term to December 1992 of Mr. Gordon Rose in the Engineer Category. B. Nominations to fill one vacancy on Human Relations Commission. Councilmenber Torrey nominated James W. Florence to fill the unexpired term to March 1993 of Sharon Courson. 11. Administrative Reports A. Report of tax refunds of less than $100. Please Note: To view the tax refund table, please see Book Y, pages 76 and 77 of the City of Fayetteville Meeting Minutes. There being no further business, the meeting was adjourned at 8:42 p.m. upon motion and second. REGULAR MEETING MINUTES TUESDAY, FEBRUARY 18, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET TUESDAY, FEBRUARY 18, 1992 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5) arrived at 7:47 p.m.: and Mark Kendrick (District 6) Members Absent: Ida Ross (District 2) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Al Mitchell, Assistant City/County Planning Director Mike Walker. Acting City Engineer Louis Chalmers, Traffic Engineer David M. Nash, Annexation Studies Coordinator Pete Piner, Fire Chief Frank Dawkins, Citizen Michael Jansen, Cape Fear Valley Hospital Medical Center 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 Reverend Alfred Peuster, Our Redeemer Lutheran Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag: RECOGNITION: Presentation of Proclamation establishing the week of February 16-22 as ENGINEERS' WEEK. Presentation of certificate of Appreciation to a citizen on behalf of the Fayetteville Fire Department and the City of Fayetteville. Mayor Dawkins and Fire Chief Pete Piner presented the certificate to Mr. Perry H. Williams for displaying a caring commitment to the City of Fayetteville and its citizens during a potential lethal crisis. On the night of Tuesday, January 28, 1992, when 30 gallons of kerosene mixed with gasoline had been mistakenly sold to area residents as pure kerosene heating fuel, upon learning of that hazardous situation, Mr. Williams took it upon himself to drive his vehicle 29 miles to Bunnlevel and warn residents of that community who mistakenly bought the deadly mixture. Mr. Williams' quick action allowed him to warn one resident who--with two children in the room--had just lighted a kerosene heater with the contaminated heating fuel. At this time Mayor Dawkins stated that Councilmembers Ross and Cheek had called to say they would be arriving late to the meeting because of a prior commitment and requested to be excused for that period of time. Councilmember Kendrick moved to excuse Councilmembers Ross and Cheek until their late arrival, seconded by Councilmember Bolton and carried unanimously 7 to 0. 1. Approval of Agenda City Manager John Smith requested to have the following items added to the agenda: 4A. - Consideration of Request from Cape Fear Valley Medical Center for Traffic Signal on Village Drive, presented by Michael Jansen of Cape Fear Valley Medical Center: Consent Item 2J. - Approve Tax Referendum of $551.67 to NC Housing Finance Agency: and 10E. - Approve Tax Refunds of Less Than $100.00. Councilmember Kendrick moved to approve the agenda with the additions, seconded by Councilmember Bolton and carried unanimously 7 to 0. 2. Consent: Mayor Dawkins presented the Consent Agenda and asked if items should be removed before calling for action. There being none, Councilmember Bolton moved to approve the Consent Agenda. After a second from Mayor Pro-Tem Evans, the Consent Agenda and following items were unanimously approved. A. Approve minutes of regular meeting of February 3, 1992. B. Adopt ordinance amending Section 21-48 of the Code of Ordinances of the City of Fayetteville. AN ORDINANCE AMENDING SECTION 21-48 (TATOOING--HEALTH CERTIFICATE). ORDINANCE NO. S1992-002. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1992. C. Approve the rezoning from M2 Industrial District to R6 Residential District or to a more restrictive zoning classification for an area located at 1203 North Street Extension. (P92-5) D. Approve the rezoning from C1 Local Business District to P2 professional District or to a more restrictive zoning classification for an area located on the west side of Gillespie Street (SR 2311) and the north side of Blount Street and addressed as 356 Gillespie Street and 114 Blount Street, respectively. (P92-8) E. Authorize Mayor to executive Municipal Agreement between the City of Fayetteville and NC Department of Transportation for Reinspection of Bridges on the Municipal Street System. WHEREAS, the City of Fayetteville has requested the Department of Transportation to perform certain work under the Federal-Aid Highway Bridge Replacement and Rehabilitation Program, said work to consist of the reinspection and analysis of all public bridges on the Municipal Street System in the City of Fayetteville; and WHEREAS, the City of Fayetteville proposes to enter into an agreement with the North Carolina Department of Transportation for said work wherein the Department of Transportation or a Consulting Engineering firm retained by the Department of Transportation will reinspect and prepare the necessary reports for all public bridges on the Municipal Street System in accordance with the National Bridge Inspection Standards; and WHEREAS, under the proposed agreement the Federal Highway Administration shall reimburse the Department of Transportation for eighty (80) percent of the cost of the work subject to compliance with all applicable federal policy and procedural rules and regulations; and WHEREAS, under the proposed agreement the City of Fayetteville shall reimburse the Department of Transportation for all costs of the work incurred by the Department of Transportation not paid by the Federal Highway Administration. NOW, THEREFORE, BE IT RESOLVED that the agreement for the hereinabove referenced bridge inspection work is hereby formally approved by the City of Fayetteville and the Mayor and Clerk (or Manager) of this Municipality are hereby empowered to sign and execute the required agreement between the City of Fayetteville and the Department of Transportation. F. Adopt ordinance revising Section 20-106, Traffic Schedule No. 6 - Stop Intersections. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS - STONEWAY COURT). ORDINANCE NO. NS1992-009. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. G. Adopt ordinance revising Section 20-106, Schedule No. 8 - Speed Control. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL - MORGANTON ROAD). ORDINANCE NO. NS1992-010. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. H. Adopt ordinance revising Section 20-106, Schedule No. 16 - Prohibition of Right Turn on Red Signal. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 16 - PROHIBITION OF RIGHT TURN ON RED - CHURCHILL DRIVE, GILLESPIE STREET, PINECREST DRIVE). ORDINANCE NO. NS1992-011. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. I. Set public hearing for March 2, 1992. to consider reduction of speed limit on Ruth Street. J. Approve tax refund of $551.67 to NC dousing Finance Agency due to property exempt status by being owned by the State. 3. Public Hearings: Mayor Dawkins read the policy on time limit for speakers of public hearing and non-public hearing items. A. Consideration of adoption of ordinance amending Chapter 20. Motor Vehicles and Traffic, to reduce speed limit to 25 miles per hour for streets in College Lakes Subdivision - Bayshore Drive, Deerpath Drive, Saddle Ridge Road, Sandstone Drive and Shoreline Drive. This item was presented by Louis Chalmers, Traffic Engineer, stating this was a request by petition for the speed limit reduction in the College Lakes Subdivision, and the recommendation is for the adoption of the ordinance. This public hearing was advertised for this date and hour. The public hearing was opened at 7:20 p.m. and there was none to speak in favor. Mr. John Noble, 444 Deerpath Drive, was recognized in opposition stating that since signing the petition he has attempted to travel 25 mph on these streets and feels it is next to impossible to keep the speed down to 25 mph on the main or long roads. He added that the shorter dead end roads could be traveled at 25 mph. Mr. Noble stated the reason for the request for reduction in the speed limit is due to the children playing in the streets, and he feels that the children should not be allowed to play in the streets. There being none further to speak on this matter, the public hearing was closed at 7:24 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL - VARIOUS STREETS IN COLLEGE LAKES SUBDIVISION). ORDINANCE NO. NS1992-012. Following some discussion, Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously 7 to 0. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. B. Consideration of adoption of resolutions confirming assessment roll and levying assessments on the following locations: City Attorney Bob Cogswell explained the payment process and early-pay discount for the assessments. This is the advertised public hearing for this date and hour. He certified that notices had been sent first-class mail to the owners of the property shown on the preliminary assessment rolls. 1. Barrington Circle (from Bragg Boulevard to Bragg Boulevard) The public hearing was opened at 7:27 p.m. and there being none to speak in favor or opposition, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1992-022. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 7 to 0. A copy of the foregoing resolution in on file in the Clerk's Office in Resolutions Book R1992. 2. Summer Duck Road (from Ruritan Drive to Dead End) The public hearing was opened at 7:28 p.m. and there were none to speak in favor of this item. Speaking in opposition was William D. George, Lot 7, stating he had recently bought this lot an moved there without being made aware that this project would take place and he would be assessed over $2,000.00. He stated he realized it was too late to protect him but recommended that some type of ordinance be adopted for future purchasers of property being notified of these projects. City Attorney Cogswell responded that the previous owner had been notified of this project and did not inform the new owner, Mr. George. Mr. Cogswell further responded that when these projects are going to begin, his office provides the County Tax Office with a list of on-going projects so that when the attorneys or mortgage companies search a title they can be made aware of these project--but there is no obligation for them to tell you that. He added there are several attorneys who check this list and know these projects are coming up and will hold back proceeds from closings to cover these things. The next person to speak in opposition was Albert Johnson, Lot 8. He stated he feels this assessment is not a reasonable amount, especially when the road was in good condition before being torn up. Mr. Johnson said he did not mind paying taxes, but he felt this assessment was not reasonable. City Engineer Mike Walker responded that the cost of these projects, at this time, are approximately $65.00 per foot, but the assessment is only $10.00 per foot to the property owner. Mr. Wendell Benner, Lot 18, was opposed and stated he echoed the statements of Mr. Johnson. Mr. Benner stated he felt that he already paid enough taxes and that they should not be assessed for this project that they did not ask for, and did not feel was needed because the road was in good condition before the project was started. There being none further to speak on this matter, the public hearing was closed at 7:41 p.m. Mayor Dawkins asked City Engineer Walker to respond to the condition of this road. Mr. Walker responded that following the annexation of this area in 1988, a survey of these streets was made; and based on the depth of the sewer line and inadequate catch basins, a complete reconstruction was recommended for this particular street. Mr. Walker stated this street had been extremely wet before the reconstruction and asked his staff as late as 4:00 p.m. this afternoon if there had been any complaints on any of these three streets and none had been received drainage-wise, pavement-wise or any other complaints. Mr. Cogswell stated two pages had been omitted from the agenda packet showing Mr. Johnson's and Mr. Benner's lots. Council opted to delay action on this item until they could review the assessment roll supplied by Mr. Cogswell at this time. 3. Converse Court (from Converse Avenue to Cul-de-sac) Councilmember Cheek arrived at the meeting at 7:47 p.m. The public hearing was opened at 7:47 p.m. and there being none to speak in favor or opposition, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1992-024. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried unanimously 8 to 0. (Mayor Dawkins allowed Councilmember Cheek to abstain from voting since she arrived late. However, her vote counted "yes" because she had entered the Chamber--see explanation before Item 4 below.) A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. At this time, Mayor Dawkins returned to Item B2. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (SUMMER DUCK ROAD). RESOLUTION NO. R1992-023. Councilmember Kendrick stated that after reviewing the assessment roll for Summer Duck Road and realizing the City pays 65 percent and the property owner pays 35 percent, he moved to adopt the foregoing resolution. The motion was seconded by Councilmember McBryde and carried 8 to 0 at 7:50 p.m. (Mayor Dawkins allowed Councilmember Cheek to abstain from voting since she arrived late. However, her vote counted "yes" because she had entered the Chamber--see explanation before Item 4 below.) A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. C. Consideration of adoption of a resolution closing a portion of North Pearl Street from the northeasternmost corner of Lot 19, Block "B", Edenroc Subdivision, Plat Book 25, Page 3, to the southeastern line of Edenroc Subdivision. This item was presented by City Manager John Smith stating that a petition has been received for this closing. He added that the street had never been maintained by the City. This is the advertised public hearing for this date and hour, and abutting property owners have been notified. The public hearing was opened at 7:52 p.m. and there being none to speak in favor or opposition, the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF NORTH PEARL STREET. RESOLUTION NO. R1992-025. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. D. Consideration of annexation ordinances extending the corporate limits of the City of Fayetteville, NC. 1. The Greens, Section 1, Part 1 - Property of Broadwell Land Company - (Contiguous Area) This item was presented by Assistant City Manager for Operations Roger Stancil. City Manager John Smith recommended that Council defer action following the public hearing. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:52 p.m. and speaking in favor was Mr. Dohn Broadwell, 110 Lamb Street, stating he had no objection to continuing this item. Councilmember McBryde moved to continue the public hearing to March 2 Council Meeting, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 2. Norton Wrecker Service - 412 West Mountain Drive - Property of Mark S. Norton - (Satellite Area) This item was presented by City Manager John Smith stating that to his knowledge most annexations in the past that were satellite annexations were City-owned or PWC-owned property. This particular annexation would require the extension of sewer service a considerable distance outside the City to reach the property, and it is his recommendation to deny annexation of this satellite area. The public hearing was opened at 7:58 p.m. Speaking in favor was Mark Norton, 408 Eugene Street, stating he felt his satellite annexation request was a little unique in that he is very near the City Limit Line and did not require or want any services by the City. His purpose for requesting the annexation is due to his desire to have his wrecker service placed on the City rotation list in order to service the citizens of the City and the County. Mr. Norton stated he had met with the Annexations Coordinator, David Nash, and was advised that he met all the State requirements for annexation. Mr. Norton stated he would sign a document stating he would never want sewer service, although he understands he cannot give up his right to it. Also speaking in support of this annexation was James Monroe, 807 Varsity Drive. He stated Mr. Norton had a clean storage yard and not a junk yard. He stated this has been a good company for over 30 years and would be an asset to the City. There being none further to speak on this matter, the public hearing was closed at 8:05 p.m. Councilmember Kendrick asked if there were any proposed annexations for this area in the near future, and Mr. Smith responded there were not. Councilmember Robertson asked if there was any way to annex the roadway into the site to make it contiguous in a similar manner that the J.P. Riddle Stadium had been annexed. Mr. Smith responded this was possible but would not resolve the sewer extension situation. Mayor Pro-Tem Evans asked if we were obligated to furnish sewer within 2 years of annexation, and Mr. Smith responded that on petition annexations we were not required to automatically furnish the sewer unless the citizen requested it. Ms. Evans stated she felt that Mr. Norton should petition the people between his property and the City limits to become contiguous; and due to the cost of the services by the City to this satellite annexation, she moved to deny the annexation request. Councilmember Cheek seconded the motion and asked the City Manager to address the policy on requiring wreckers to be located inside the City limits in order to be on the rotation list. Mr. Smith responded that that is a requirement in the wrecker Ordinance that they have a storage yard inside the City limits. Councilmember Kendrick asked if this company would have to pay for the extension of the sewer to this lone business or would it be paid by the City. Mr. Smith responded the property owner would pay two-thirds and PWC one-third. Councilmember Robertson stated that because the property owner is willing to have the City the expense of extending the sewer service and is willing to pay the two-thirds assessment if he changes his mind and because he wants to become a tax paying citizen of the City, he would have to vote against the denial of the annexation. Mayor Dawkins called for a vote on the motion, and it carried 6 to 2, with Councilmembers Robertson and Kendrick voting in opposition. At this time, Mayor Dawkins recognized City Attorney Cogswell to clarify some earlier action since it could make a difference in the future on a vote by Council. Mr. Cogswell stated that technically when Councilmember Cheek was seated, it narrowed her chances to be excused from a vote: i.e., she could only abstain in accordance with the statute; therefore, her votes should be "yes" votes on Items 3B.2. and 3B.3. Mr. Cogswell added be would inform Council later on how to avoid having to vote on a matter upon entering Council Chamber after the meeting has begun. 4. Consideration of request from Frank Dawkins to address City Council. Mr. Frank Dawkins stated his reason for addressing Council is to provide Council with information pertaining to his late father, C.R. "Charlie" Dawkins, and the naming of a major thoroughfare in recognition of his many accomplishments. Mr. Dawkins introduced his family present at the meeting and listed the many awards and recognitions his father had received, among them being a former member of the North Carolina State Highway Commission. Some of the projects he was responsible for bringing to Fayetteville were the Central Business District Loop: the widening of US 401 to Kelly Springfield Tire Company; widening of Morganton Roads and numerous other highway projects throughout the counties he represented. Mr. Dawkins also presented letters to Council from Mr. John T. Henley, former State Senator, and former Governor Robert W. Scott, praising Charlie Dawkins for his many long hours and hard work to achieve highway projects. Mr. Dawkins also introduced members of the Friends of Arsenal group present in the audience that would endorse the naming of the CBD Loop in honor of Charlie Dawkins. Mr. Dawkins added he would have no objections if it was named the "Charlie Dawkin's Arsenal Expressway." He requested Council not defer this until the completion of the project. Councilmenber Bolton moved to refer this item to the staff for their recommendation, seconded by Councilmember Kendrick and carried unanimously 8 to 0. B. Consideration of request from Cape Fear Valley Medical Center for Traffic Signal on Village Drive. This item was presented by Michael Jansen, Senior Associate Administrator and Chief Operational Officer of the Medical Center. Thee are asking the City to install a traffic signal on Village Drive at the hospital a proposed new driveway at Conover Drive, to include a right turn lane into the hospital parking area for a total of $40,000.00. They hope to begin construction at the hospital complex in approximately two months. Councilmember Robertson moved to refer this item to the Council's Streets and Roads Committee, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 5. Consideration of resolution directing the Clerk to investigate an annexation petition received under G.S. 160A-31 (Skibo Square - Contiguous Area). This item was presented by Assistant City Manager for Operations Roger Stancil with a recommendation to adopt the resolution. Councilmember Kendrick asked if the Skibo Square had received building permits from the County; and if they were annexed, would they still be under County building and zoning codes. Mr. Smith responded the building permits had been obtained and were virtually the same as the City. This also includes the drainage. Mr. Kendrick state he would have to vote in opposition. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1992-026. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek and carried 6 to 2 with Councilmembers Kendrick and Torrey voting in opposition. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. 6. Consideration of the following Traffic Services matters: A. Consideration of municipal agreement for proposed Railroad Crossing Signal Improvement - Blount Street at CSX Railroad (North Yard) This item was presented by City Traffic Engineer Louis Chalmers with a request to deny the proposal. Councilmember Bolton moved to deny the request as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. B. Consideration of municipal agreement for proposed Railroad Crossing Signal Improvement - Jasper Street at CSX Railroad This item was presented by City Traffic Engineer Louis Chalmers with a recommendation for adoption of the municipal agreement. 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 Pillow moved to adopt the municipal agreement as recommended, seconded by Councilmenber Cheek and carried unanimously 8 to 0. 7. Consideration of setting a joint meeting with Fayetteville Metropolitan Housing Authority. City Manager John Smith stated that this is at the request of Mayor Pro-Tem Evans for the joint meeting with the Housing Authority Board, and he suggests the March Information Meeting. Council was in agreement. 8. Consideration of request for legal representation. This item was presented by City Attorney Bob Cogswell with a recommendation that the firm of Womble, Carlyle, Sandridge and Rice, law firm in Raleigh, and, in particular, Mr. Donnie Smith and Mr. Robert Sasser of that firm, be engaged at the rate of $130.00 per hour and any associate at $100.00 per hour. This will be for all defendants in the case of Jones vs City of Fayetteville. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Bolton. Councilmember Robertson asked Mr. Cogswell if there was not a local attorney qualified to handle this case. Mr. Cogswell responded there are a lot of local attorneys that are qualified, however this firm does a lot of this type of defense work, more so than any other firm in Fayetteville. Mr. Robertson stated he would have to vote against going outside of the Fayetteville area when the local attorneys pay taxes here. Mayor Dawkins called for a vote on the motion, and it carried 7 to 1 with Councilmember Robertson voting in opposition. 9. Appointments: A. Nominations to fill two vacancies on Appearance Commission. There were no nominations made to fill the unexpired term to December 1993 of Lonnie M. Player, At-large Category, nor to fill the unexpired term to December 1992 of Mr. Gordon Rose, Engineer Category. B. Nominations to fill one vacancy on Human Relations Commission. Mayor Pro-Tem Evans moved to elect James A. Florence by acclamation and it carried unanimously. 10. Administrative Reports: A. Statement of taxes collected by Cumberland County Tax Collector for the month of January 1992 in the total amount of $4,013,876.20. B. Report on Street Lighting Improvement program Mr. Smith referred to a memo from PWC Manager Tim Wood to Assistant City Manager of Operations Roger Stancil stating the PWC fiscal year 1993 budget will include street lighting enhancement. Councilmember Cheek requested this be placed on the March 2 meeting agenda for further update. C. Report on Implementation of Drug Task Force Recommendations supplied in the agenda packet. D. User Fee Study supplied in the agenda packet. E. Approve tax refunds of less than $100.00. The following tax refunds of less than $100.00 were approved for the months of October and November: Please Note: To view the tax refund table, please see Book Y, pages 86 and 87 of the City of Fayetteville Meeting Minutes. Following some discussion Councilmember Kendrick moved to cancel the February 24 Information Meeting, seconded by Councilmember Torrey and carried unanimously 8 to 0. There being no further business, the meeting was adjourned at 9:05 p.m. upon a motion and second. Approved March 2, 1992 REGULAR MEETING MINUTES MONDAY, MARCH 2, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, MARCH 2, 1992 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2), Thelbert Torrey (District 4); Suzan Cheek (District 5), and Mark Kendrick (District 6) Members Absent Joseph Pillow (District 3) - excused Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Mike Walker, Acting City Engineer Louis Chalmers, Traffic Engineer Walter Haire, Building Inspector Kai D. Nelson, Finance Director Tim Wood, PWC Manager Tom Keith, Citizen James M. Bass, II, Citizen 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 Reverend Ken Pritchard, Fayetteville Community Church, Middle Road, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins recognized approximately ten (10) class members from the State and Local Government Class taught by Dr. Suzan Cheek at Methodist College present in the audience to observe the Council meeting. At this time Mayor Dawkins stated Councilmember Pillow had called to ask to be excused from tonight's meeting. Councilmember Kendrick moved to excuse Councilmember Pillow as requested, seconded by Councilmember Bolton and carried unanimously 8 to 0. Mayor Pro-Tem Evans requested to speak on the recent property tax evaluations and moved to adopt a resolution to present to County Commissioners requesting discrepancies be checked into. The motion was seconded by Councilmember Robertson. They were advised this would have to be added to the agenda as an item. City Manager John Smith referred to the resolution concerning People Assisting Victims presented to the Mayor at a news conference this morning. Councilmember Cheek moved to add this as Item 13B., seconded by Councilmember Robertson and carried unanimously 8 to 0. Mayor Pro-Tem Evans requested to add the property tax evaluation as Item 13C., seconded by Councilmember Robertson and carried unanimously 8 to 0. 1. Approval of Agenda Councilmember McBryde moved to approve the agenda with the additions of Items 13B. and C. as requested, seconded by Councilmember Bolton and carried unanimously 8 to 0. 2. Consent: City Attorney Bob Cogswell made a recommendation that on Item 2I., Mr. Rod Gutherie, Attorney with Russ, Worth, Cheatwood and Gutherie, be retained at $85.00 per hour. Mayor Dawkins presented the Consent Agenda and asked if any items should be removed before calling for action. Councilmember Cheek requested to pull Item 2A., and Mayor Pro-Tom Evans requested to pull item 2K. Councilmember Kendrick moved to approve the Consent Agenda with the exception of Items 2A. and K and the recommendation for 2I. After a second from Councilmember Torrey, the Consent Agenda and following items were unanimously approved. A. (Pulled for discussion) B. Adopt resolution to acquire an basement (Parcel "C") for Elm Street Drainage Project - Phase II (in the amount of $2,950.00). RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1992-027. A copy of the foregoing resolution in on file in the Clerk's Office in Resolutions Book R1992. C. Adopt resolution to acquire an easement (Parcel "D") for Elm Street Drainage Project - Phase II (in the amount of $1,100.00). RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE Certain PROPERTY. RESOLUTION NO. R1992-028. A copy of the foregoing resolution in on file in the Clerk's Office in Resolutions Book R1992. D. Adopt demolition ordinances on the following properties: 1. 720 Weiss Avenue (Owner: Deloris Leflore) AN ORDINANCE REQUIRING CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS OR TO DEMOLISH AND REMOVE A STRUCTURE. ORDINANCE NO. NS1992-013. 2. 1107 Clark Street (Owner: John & Pat Russo) AN ORDINANCE REQUIRING CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS OR TO DEMOLISH AND REMOVE A STRUCTURE. ORDINANCE NO. NS1992-014. 3. 830 Cumberland Street (Owner: Janie Williams, James E. Williams, Eugene Williams, Sarah Jane Milligan, Clarence Morgan, Jr., Linda Gray Morgan, James & Louis McNeill, County of Cumberland Tax Authority) AN ORDINANCE REQUIRING CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS OR TO DEMOLISH AND REMOVE A STRUCTURE. ORDINANCE NO. NS1992-015. Copies of the foregoing ordinances are on file in the Clerk's Office in Ordinance Book NS1992. E. Approve Amendment to Supplemental Agreement Number 16 with Wilbur Smith Associates. This amendment is needed to incorporate changes requests by the FAA and will be in the amount of $11,360.00. F. Approve Agreement with Federal Aviation Administration. This will replace the agreement which expires September 30, 1992. G. Approve repeal of Section 21-50 of the Fayetteville City Code, "Telephone on streets." AN ORDINANCE REPEALING SECTION 21-50. ORDINANCE NO. S1992-003. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1992. H. Approve repeal of Section 17-50 of the Fayetteville City Code, "Penalty." AN ORDINANCE REPEALING SECTION 17-50. ORDINANCE NO. S1992-004. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1992. I. Approve request for legal representation. Authorized retaining Mr. Rod Gutherie of Russ, Worth, Cheatwood and Gutherie, Attorneys at $85.00 per hour for Case 92 CVS 723, Gene Gerome Blake & Barbara Blake vs. Shannon Scott Brewer and the City. J. Adopt Special Revenue Fund Project Ordinance Amendments 92-1 and 92-2. This is an appropriation of Federal Forfeiture funds in the amount of $14,000.00 to the Police Athletic League Project to be used to support the Judo instruction. K. (Pulled for discussion) L. Adopt Budget Ordinance Amendment 92-11. To transfer $23,000.00 from Other Appropriations (Council Contingency) to the Police Department to implement Drug Task Force Recommendation No. 1 (Expand Neighborhood Based Foot and Mounted Patrols in High-Risk Areas) and to appropriate the proceeds of a lease-purchase agreement in the amount of $15,509.00 and transfer from Communications to Information Systems, Finance and Administrative Services for the purchase of computer equipment. M. Award contract for finished water metering facilities at Glenville Lake Water Treatment Plant to R.D. Braswell Construction Company, low bidder. (PWC) Bids received were as follows: *R. D. Braswell Construction Company $134.826.00 Cadman Construction Company $196,800.00 Nortec Construction Services, Inc. $198,000.00 Poquoson Construction Company, Inc. $199,980.00 H.V. Allen Construction Company, Inc. $203,000.00 Crain and Denbo, Inc. $236,614.00 N. Award contract for equipment associated with Reilly Road 230kV switching station, Waters Edge 230-69kV substation and substation structures to Rigby Electric and Clark Corporation, low bidders. (PWC) Bids received were as follows: *Rigby Electric $ 59,600.00 Mill-Power Supply $ 60,474.00 O. Approve Amendment to Consent Judgment for Cross Creek Wastewater Treatment Plant. (PWC) - to extend the dates for completing construction and achieving final compliance. P. Authorize City Manager to execute lease agreement between City of Fayetteville and Cumberland County for space in property located at 116 Green Street - for one room on second floor of old City Hall for temporary use by the Jobs Training Service Center under the same terms and conditions as their current lease for the first floor space. 2A. Approve minutes of regular meeting of February 18, 1992. Councilmember Cheek referred to Item 4B. concerning the request from cape Fear Valley Medical Center for traffic signal on Village Drive. She stated that Mr. Jansen's request also included that the City build a turn lane into the hospital parking area for an additional $10,000.00 making a total of $40,000.00. Councilmember Kendrick, Chairman of the council Streets and Roads Committee, agreed with her on this request. Dr. Cheek then moved to approve the minutes of the February 18 meeting with the amendment, "to include a right turn lane into the hospital parking area for a total of $40,000.00." The motion was seconded by Councilmember McBryde and carried unanimously 8 to 0. 2K. Adopt Budget Ordinance Amendment 92-10. This amendment is necessary to transfer $135,000. 00 from the Special Separation Allowance Fund to the E-911 Fund. This represents a temporary "loan" to pay the data preparation charge associated with the implementation of the E-911 Fund. In addition, the amendment will appropriate the proceeds of a lease-purchase agreement in the amount of $62,059.00 for dictaphone voice loggers. Mayor Pro-Tem Evans asked what the total amount is, how much will be added to the taxpayers phone bill and for how long? Finance Director Kai Nelson responded that the $135,000.00 is the total amount. This would be $45,000.00 per month to the end of the fiscal year. One dollar ($1.00) will be added to the taxpayer's bill for two years. Mayor Pro-Tem Evans moved to approve the budget ordinance amendment as requested, seconded by Councilmember McBryde and carried unanimously 8 to 0. 3. Public Hearings: Mayor Dawkins read the policy for the time limit on the public hearings and non-public hearings. 1. Consideration of adoption of an ordinance extending the corporate limits of the City of Fayetteville, N.C. (The Greens, Section 1, Part 1 - Property of Broadwell Land Company Contiguous Area) (Continued from February 18, 1992, meeting) This item was presented by City Manager John Smith stating he had requested a continuance because of some questions he had dealing with the street construction. He reviewed the past situation and stated that this has been an honest misunderstanding between Mr. Broadwell and the City, which was the result of a very complex set of circumstances. Mr. Smith stated Mr. Broadwell had met the DOT standards for the street but feels it is too late to redesign the street for concrete curb, but instead plans to install asphalt curb. Mr. Smith stated another complicating factor is that shortly the City Council will be deciding on a new set of streets standards. In order to resolve the current situation, he recommended the City either annex this street and make an exception to the current standard of concrete curb, or delay annexation pending the outcome of the City's review of street standards. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:26 p.m. and appearing in favor was Mr. Dohn Broadwell stating he feels that he does not need to explain further but was available for any questions by Council. There being none further to be heard on this matter, the public hearing was closed at 7:27 p.m. ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE. ANNEXATION ORDINANCE NO. 92-03-049. Councilmenber McBryde moved to follow the City Manager's recommendation to annex this area and make exception to the current standard of street paving and accept the street with an effective date of March 2, 1992. The motion was seconded by Councilmember Bolton and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's Office in Annexation Ordinance Book 1992. B. Consideration of petition for speed limit reduction on Ruth Street. This item was presented by City Traffic Engineer Louis Chalmers stating this request was by a petition signed by a majority of residents. This is the advertised public hearing for citizen input. The public hearing was opened at 7:29 p.m. and appearing in favor was Mr. Steven Moore, 112 Ruth Street. He stated because of a short distance from the front door to the street and for the safety of their families and children, they are requesting the speed limit be reduced to 25 mph. There being none further to be heard on this matter, the public hearing was closed at 7:30 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL). ORDINANCE NO. NS1992-016. Councilmember Cheek introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book No. NS1992. 4. Consideration of appeal of assessment on Southland Drive. (Continued from February 3, 1992) This item was presented by City Attorney Bob Cogswell stating that from all the literature presented, Council can see that the only concern he has ever had in this matter was whether or not he failed to notify the property owner after we received the deed, about the deed. Mr. Cogswell stated he had a conversation with Attorney Herb Thorp this morning and asked him if he was going to seek a declaratory judgment on this matter and Mr. Thorp responded that he was not. Mr. Cogswell recommended to City Council to deny the request for appeal of assessment on Southland Drive. Councilmember Kendrick moved to follow the recommendation to deny the request, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 5. Consideration of adoption of demolition ordinance for property located at 110 Pond Street. (Owner: Thomas J. Keith) (Appearing Tom Keith) This item was presented by Walter Haire, Building Inspector, requesting demolition of the dilapidated building at 110 Pond Street. He stated the owner had been given additional time but no repairs have been made. Council recognized the property owner, Tom Keith, requesting Council not adopt this ordinance, but to allow him to rent this building as a commercial storage building to help pay the taxes and cleaning of the lots he has remaining in the area. Mr. Keith stated the Inspections Department had requested him to secure the building, which he had done. Mr. Keith added there were a lot of buildings in that area in the same condition as his, and he requested to be treated fairly. There followed some discussion and questions and answers of, Mr. Keith concerning the condition of his building. AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE (110 POND STREET). ORDINANCE NO. NS1992-017. Mayor Pro-Tem Evans moved to adopt the ordinance to be effective after 90 days unless the work is completed, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book No. NS1992. 6. Consideration of request to appear before Council from James Bass regarding demolition permit fees. Council recognized Mr. James Bass, II, requesting that they reconsider the permit fees for demolition and new construction. He stated the new construction permit fees are $3.50 per thousand and demolition permit fees are $4.00 per hundred. He stated he feels there should be a ceiling of $500.00 for new construction permits. He presented to Council a list of demolition permit fees for surrounding towns and cities and requested that Council reconsider their fee schedule. City Manager John Smith stated he feels that Mr. Bass has raised a very legitimate issue. Upon checking into this matter, he discovered the fee has been on the books since 1981 and this is exceedingly high. Mr. Smith recommended Council set the demolition fee at the same basis as the new construction fee ($3.50 per thousand) until all fees have been reviewed. A user fee schedule study is in progress at this time. Councilmember McBryde moved to follow the recommendation of the City Manager, seconded by Councilmember Bolton and carried unanimously 8 to 0. Mr. Smith stated that another situation related to this has been brought to his attention, and contractors have asked that the asbestos removal not be considered as part of the demolition. He added this will be added to their user fee study. 7. Consideration of a resolution for acceptance of Brinkley Street from Thad Street (formerly Third Street) to Fourth Street for City maintenance. This item was presented by City Manager John Smith stating this section of Brinkley Street has never been opened, maintained or accepted and recommends Council not accept the street unless it is brought up to City standards. Councilmember Bolton moved to follow the recommendation to not accept the street unless it is brought up to City standards, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 8. Consideration of agreement for Enhanced 911 service between City of Fayetteville and Carolina Telephone and Telegraph. This item was presented by Assistant City Manager for Operations Roger Stancil stating everything is in places and the City is 60 days away from having Enhanced 911 inside the City of Fayetteville. City Attorney Bob Cogswell stated he had spoken with the telephone company's attorney and they are in agreement that the paragraph dealing with willful and wanton misconduct should be added to the middle paragraph of Section XII. The wording is as follows: "The provisions of this Section XII are not intended to conflict with Chapter 62A, NCGS, in that the company shall only be liable for willful or wanton misconduct in connection with developing, adopting, implementing, maintaining or operating any 911 system. Councilmember McBryde moved to approve the agreement for the E-911 with the addition of the paragraph recommended by the City Attorney. The motion was seconded by Councilmember Kendrick and carried unanimously 8 to 0. 9. Consideration of adoption of resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended. (Skibo Square - Continuous area) This item was presented by Assistant City Manager for Operations Roger Stancil with a request to set the date of the public hearing for March 16th to be in lime with the scheduled hearings and proposed initial zoning of this area by the Planning Board in April. RESOLUTION FIXING DATE OF PUBLIC HEARING (MARCH 16, 1992) ON QUESTION OF ANNEXATION PURSUANT TO GS 160A-31, AS AMENDED (SKIRO SQUARE). RESOLUTION NO. R1992-030. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried 7 to 1 with Councilmember Ross voting in opposition. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. 10. Consideration of adoption of resolution identifying an area as being under consideration for future annexation. (Readoption of previously identified area) This item was presented by Assistant City Manager for Operations Roger Stancil with a recommendation for adoption of the resolution. RESOLUTION IDENTIFYING THE AREA DESCRIBED HEREIN AS BEING UNDER CONSIDERATION FOR FUTURE ANNEXATION. RESOLUTION NO. R1992-031. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its' adoption, seconded by Councilmember Cheek and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. 11. Consideration of proposals for commercial garbage collection. This item was presented by City Manager John Smith. He reviewed the information presented as backup in the agenda which included six (6) options. Of the six (6) options, he recommended Option No. 6, which was not included in the bids. It is for the City to allow totally open competition and not regulate the service. This option takes the City totally out of the picture and allows the free market to set standards and prices. Mayor Pro-Tem Evans moved to follow Option 1 to enter into a 1-year contract with low bidder of ARS. The motion died for a lack of second. Following lengthy discussion, Council requested the City Manager to provide further information at the next meeting, if possible. 12. Appointments: A. Nominations to fill two vacancies on Appearance Commission. Councilmember Cheek nominated Jimmy Kizer, Jr., for the unexpired term to December 1992 in the Engineer Category. Councilmember Robertson nominated Douglas Russell Smith in the At-large Category to fill the term to December 1993. B. Nominations to fill seven vacancies on Human Relations Commission. Councilmenber Ross nominated Ms. Leslie Kiewra and Dr. Emma Greene for first terms and Carrie Malveau for a second 2-year term. Councilmember McBryde nominated Dr. Bruce Pulliam for a second 2-year term. Councilmember Kendrick nominated Judy Lowe to serve a second 2-year term. Nominations are still needed to fill the vacancies of Mr. R.H. Beatty and Mrs. Mettarene McLean. 13. Administrative Reports: A. Report on Street Lighting Improvement Program. Mr. Smith referred to materials in the agenda packet. He specifically referred to the proposed fiscal year 91-92 Street Lighting Improvement Program. No. 1 is the Branson Street area and No. 2 is the Owen Drive/Camden Road area, which are highest priority assigned jointly by the Police Department, Traffic Engineering and PWC. The amount of $75,000.00 appropriation for lighting enhancements will be included in PWC's fiscal year 1993 budget. Mr. Smith stated the entire list of 1 through 12 would be approximately $290,000.00 in PWC's budget. Following some discussion, Mayor Dawkins stated it was the consensus of Council that this be included in PWC's budget because of the importance of the lighting projects. B. Request for resolution from People Assisting Victims. Councilmember Bolton moved to have the City Attorney draft a resolution for the next regular Council meeting agenda, seconded by Councilmember Robertson and carried unanimously 8 to 0. C. Request of Mayor Pro-Tem Evans concerning property tax evaluations. Mayor Pro-Tem Evans moved to refer (to Cumberland County Commissioners) the concern of the Mayor and City Council as to the fairness of the 1992 property evaluation and with a recommendation that they give this their attention. The motion was seconded by Councilmember Robertson. Following some discussion, Councilmember McBryde, Kendrick and Bolton agreed that the City Council as a body should not intervene because there are ways for taxpayers to appeal their assessment values. Following the discussion, Mayor Dawkins called for the vote, and it failed 2 to 6 with Councilmembers Ross, Cheek, McBryde, Bolton, Kendrick and Torrey voting in opposition. At this time Councilmenber Ross was recognized stating she had talked with someone in (Senator) Mr. Rose's office. They are sending a packet of materials down for grant applications and Ms. Ross asked City Manager Smith which grants would be of greatest concern to Council. Mr. Smith responded that, at this point, he could not furnish this information but hoped to be able to give Council a report soon as to the progress on some applications submitted through the Governor's Crime Commission. There being no further business, the meeting was adjourned at 9:10 p.m. upon motion and second. Approved April 6, 1992 REGULAR MEETING MINUTES MONDAY, MARCH 16. 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, MARCH 16. 1992 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large), Tommy Bolton (District 1), Ida Ross (District 2): Joseph Pillow (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, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Al Mitchell, Assistant City/County Planning Director Mike Walker, Acting City Engineer Louis Chalmers, Traffic Engineer Tom Ray, Airport Manager Jim Konneker, Chairman, Metro Visions Committee Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Elder Jerry Swinney, New Bethel Pentecostal Holiness Church, 106 Progress Street, followed by the Pledge of Allegiance to the American Flag being led by Boy Scout Justin Johnson of Fort Bragg Troop 776. RECOGNITION Mayor Dawkins recognized Scout Leader Carl Johnson and six (6) Scouts from Fort Bragg Troop 776 working on Citizenship Badges. 1. Approval of Agenda Councilmember Pillow moved to approve the agenda as submitted, seconded by Councilmember Ross and carried unanimously. 2. Consent: City Attorney Bob Cogswell recommended that he be appointed as legal counsel for Item 2E. Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. There being none, Councilmember Kendrick moved to approve the consent agenda and appoint the City Attorney as counsel for Item 21. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved. A. Set public hearing for April 6, 1992, to consider allocation of Community Development Block Grant funding for fiscal year 1992-93. B. Set public hearing for April 20, 1992, to consider the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the east side of Distribution Drive (SR 2414), north of Country Club Drive (US 401 Bypass). (P92-16) C. Set public hearing for April 20, 1992, to consider the rezoning from R10 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located on the east side of Cain Road, between Woodbine Avenue and Rogers Drive. (P92-17) D. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing (April 6, 1992) on preliminary assessment roll for sidewalk patching on the following streets: Person Street (North side) A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING (APRIL 6, 1992) ON PRELIMINARY ASSESSMENT ROLL FOR PERSON STREET (NORTH SIDE). RESOLUTION NO. R1992-032. Hay Street (South side) A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SITTING TIME AND PLACE FOR PUBLIC HEARING (APRIL 6, 1992) ON PRELIMINARY ASSESSMENT ROLL FOR HAY STREET (SOUTH SIDE). RESOLUTION NO. R1992-033. East Rowan Street (South side) A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING (APRIL 6, 1992) ON PRELIMINARY ASSESSMENT ROLL FOR-EAST ROWAN STRUT (SOUTH SIDE). RESOLUTION NO. R1992-034. Pittman Street A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC REARING (APRIL 6, 1992) ON PRELIMINARY ASSESSMENT ROLL FOR PITTMAN STREET. RESOLUTION NO. R1992-035. East Rowan Street (North side) A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR EAST ROWAN STREET (NORTH SIDE). RESOLUTION NO. R1992-036. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1992. E. Approve request for legal representation. City Attorney Bob Cogswell will serve as counsel in the case of Ather Bridges vs City of Fayetteville (Officer Chris Kania) 92 CVS 133. F. Adopt ordinance revising Section 20-106, Traffic Schedule Number 11 - Parking Prohibited. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 11 - PARKING PROHIBITED, HULL ROAD). ORDINANCE NO. NS1992-018. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. G. Award contract to Crowell Constructors, Inc., low bidder, for Bond Funded Drainage Project - Elm Street (Phase II) in the amount of $228,444.75. Bids received were as follows: *Crowell Constructors, Inc. $228,444.75 Nortec Construction Services, Inc. $238,306.28 Barnhill Contracting Company $245,196.31 City Estimate $214,113.38 A copy of the bid tabulation is attached hereto and made a part of these minutes. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for public hearings and non-public hearings. A. Consideration of annexation ordinance extending the corporate limits of the City of Fayetteville, NC (Skibo Square). This item was presented by Assistant City Manager for Operations Roger Stancil submitting a detailed report of the annexation by petition. This is the advertised public hearing for this date and hour. City Manager John Smith displayed a slide showing where the storm drainage from this property would go because of some questions that had been raised at a previous meeting. It showed that approximately 40 Percent of the drainage would be into Buckhead Creek and 60 percent into Beaver Creek. Councilmember Kendrick addressed the flooding problems that we have experienced in the past and expressed concern because be feels nothing has been done to alleviate this problem in the future. Mr. Smith responded to his concerns and added that this property was going to be developed whether it was inside the City or outside the City. The Engineering Department has reviewed the drainage plan and it does meet all the City requirements that currently exist. Mr. Smith also added that he too has some concerns, and that is why a massive storm drain study is being conducted at this time in order to upgrade our ordinance and our requirements. Following some further discussion, Mayor Dawkins opened the public hearing at 7:18 p.m. Recognized in favor was R. A. Rumbough, 2507 Spring Valley Road, representing the petitioner. Mr. Rumbough responded to Councilmember Kendrick's concern by stating that the storm drainage in that area has been studied extensively, and they went to court trying to stop the Marketfair Mall from plugging water underneath the road and the mall put in a 36-inch pipe. He stated they (petitioner) are taking very little water out of the shopping center into this area. There being none further to be heard on this matter, the public hearing was closed at 7:20 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (SKIBO SQUARE). ANNEXATION ORDINANCE NO. 92-03-350. Mayor Pro-Tem Evans moved to adopt the foregoing ordinance, seconded by Councilmember Cheek and carried 8 to 1 with Councilmember Ross voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's Office in Annexation Ordinance Book 1992. Councilmember Kendrick requested that a report be brought back to Council on an analysis of the drain in this basin. 4. Consideration of adoption of a resolution affirming the need to protect our youth from exposure to the idolization of violent criminals. A RESOLUTION AFFIRMING THE NEED TO PROTECT OUR YOUTH FROM EXPOSURE TO THE IDOLIZATION OF VIOLENT CRIMINALS. RESOLUTION NO. R1992-037. Councilmember Robertson moved to adopt the foregoing resolution, seconded by Mayor Pro-Tem Evans and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. 5. Consideration of request from Jim Konneker, Chairman of the Metro Visions Committee, to address City Council regarding Metro Vision Leadership Summit. Mr. Konneker distributed a summary of remarks he planned to make in addition to the status of the 23 initiatives that were selected and developed by Metro Visions following a community forum series conducted jointly with the Joint Planning Board as they did their 20-year plan. This forum is scheduled for May 14, 15, and 16. The purpose is to bring together community leaders to renew the visioning and initiative development process, evaluate where we are and where we need to go as a metropolitan area. The cost to attend the forum will be $50.00 per person. 6. Consideration of lease of Airport property. This item was presented by city Manager John Smith stating this would be a temporary lease of space to the SPCA for up to one year to allow them time to find a permanent place to operate. Some of the Airport Commission members have discussed this telephonically, and this will be on the agenda for the March 31st meeting. Mr. Smith recommends that Council authorize the City to execute the lease with SPCA and adopt the resolution for the standard lease to include a nominal amount of $100.00 per year. This is vacant, unused land with a house. RESOLUTION AUTHORIZING LEASE OF CITY PROPERTY (AIRPORT PROPERTY TO SPCA). RESOLUTION NO. R1992-038. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption and to execute a lease as recommended, seconded by Councilmember Robertson and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. 7. Consideration of amendment of Rollout Disposal Fee. This item was presented by City Manager John Smith with a recommendation to reduce the disposal fee for apartments and mobile homes from $50.00 to $25.00 following a study of the estimated annual cost for disposal. Following some discussion, Councilmember McBryde moved to reduce the residential fee as recommended, seconded by Councilmember Kendrick and carried unanimously. It was established that businesses are generating more garbage and costing more for the same containers. 8. Consideration of amendment to Section 21-30.9(6) of the Fayetteville City code regarding noise. This item was presented by City Attorney Bob Cogswell with a recommendation to adopt the ordinance changing the hours of the noise levels because of the special events in parks. AN ORDINANCE AMENDING SECTION 21-30.6. ORDINANCE NO. S1992-005. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book R1992. 9. Appointments: A. Nominations to fill two vacancies on the Appearance Commission. Councilmember Robertson withdrew Douglas Russell Smith's name from the nominations and submitted the nomination of Mr. Charlie Singer recommended by the Appearance Commission for the At-large Category to fill the unexpired term of Lonnie Player to December 1993. Councilmenber Bolton moved to elect James M. Kizer, Jr., by acclamation to fill the unexpired term of Gordon Rose to December 1992 in the Engineer Category. The motion carried unanimously. B. Nominations to fill seven vacancies on the Human Relations Commission. Councilmenber Bolton moved to elect Mrs. Leslie Kiewra (B/M) and Dr. Emma Greene (W/F) for two-year terms and to re-elect for a second term Mr. Bruce Pullian (W/M), Ms. Judy Lowe (W/F) and Ms. Carrie Malveau (B/F). Councilmember Evans nominated Colonel Retired Irving Barker to the vacancy of Mr. R.H. Beatty, and Councilmember Torrey nominated Mr. Alfonzo McCoy to fill the vacancy of Mettarene McLean. These would be for a two-year term. 10. Administrative Reports: A. Statement of taxes collected for the month of February, 1992. from the Cumberland County Tax Collector for a total of $460,842.92. Councilmember McBryde moved to refer Items B. and C. to the Council Streets and Roads Committee, seconded by Councilmember Pillow and carried unanimously. Councilmember Cheek requested that when the Streets and Roads Committee considers the lights on heavily traveled freeways, they pay special attention to such areas as the CBD Loop at Ramsey Street and the merchants' request for lighting at the I-95 Exchange onto Cedar Creek Road. B. Report on Raeford Road and Executive Place traffic signal request. C. Report on Owen Drive and All American Expressway traffic operations. Councilmember Ross stated she had been meeting with the African/American community leaders, and they are still waiting for the list of streets for the renaming consideration. Mr. Smith responded that staff is looking at a list of all the major thoroughfares and the next step is to check into names to see what historical significance they may have. D. Report on Commercial Solid Waste Collection services. Mr. Smith stated a study is still underway on this and recommends it be put on the April 6th Council agenda. Councilmember Cheek requested the cost estimate per year to the City for the proposals we received and am estimate of what it would have been if the City had continued to collect the solid waste. She will call for a public hearing. Mr. Smith suggested that the public hearing be held within the next 30 days. There being no further business, the meeting was adjourned at 7:50 p.m. upon motion and second. Approved April 6, 1992 Please Note: To view the table of bids received for Elm Street drainage, please see Book Y, page 101 of the City of Fayetteville Meeting Minutes. INFORMATION MEETING MINUTES MONDAY, MARCH 23, 1992 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, MARCH 23, 1992 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans; Milo McBryde; Nat Robertson; Ida Ross; Joseph Pillow; Thelbert Torrey; Suzan Cheek and Mark Kendrick 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 Mayor Dawkins called the meeting to order and recognized Councilmember Ross for the invocation. Upon motion by Councilmember Kendrick, seconded by Councilmember Pillow, Council voted unanimously to approve the agenda. Mayor Dawkins recognized City Manager John Smith who presented a report on joint projects and programs between the City of Fayetteville and the Fayetteville Metropolitan Housing Authority. Following this report, Councilmembers and Housing Authority Board of Director Members discussed matters of mutual concern. Upon motion by Councilmember Kendrick, seconded by Councilmember Cheek, Council voted unanimously to adjourn. Approved June 1, 1992 Item 2.A. REGULAR MEETING MINUTES MONDAY, APRIL 6, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, APRIL 6, 1992 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2) (arrived at 7:10 p.m.); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5)7 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 Beryl Wade, Assistant City Attorney Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, Traffic Engineer Richard Herrera, Community Services Director Al Mitchell, Assistant City/County Planning Director Tim Wood, PWC Manager Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Maurice Lancaster, Victory United Methodist Church, 2008 Southern Avenue, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION - Miss Teen Fayetteville 1992 - Wendy Marie Williams. Mayor Dawkins presented her with six beautiful long-stem red roses. Councilmember Ross arrived at the Council Meeting at 7:10 p.m. Mayor Dawkins recognized the class members from the State and Local Government Class at Methodist College, taught by Dr. Suzan Cheek, present in the audience to observe the Council Meeting. 1. Approval of Agenda City Manager John Smith requested to add the PWC matters A. through L., awarding contracts as Item 3C. following the public hearings. He requested to add as Item 9., the amendment to the picketing ordinance and as Item 10., the discussion of demolition of two buildings on Hay Street. Councilmember Bolton moved to approve the agenda with the additions as requested, seconded by Councilmember Robertson and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Mayor Pro-Tem Evans requested to pull Item 2D. for discussion and Councilmember Cheek requested to pull Item 2H. for discussion. Councilmember Kendrick moved to approve the consent agenda with the exceptions of 2D. and 2H. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of March 2, 1992. B. Approve minutes of regular meeting of March 16, 1992. C. Approve tax refunds for over $100. The following tax refunds for over $100 have been requested: Please Note: To view the tax refund table, please see Book Y, pages 103 and 104 of the City of Fayetteville Meeting Minutes. D. (Pulled for discussion) E. Set public hearing for May 4, 1992, to consider an application by James M. Kizer for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-33, Item 1(a) to allow automobile off-street parking in an R5 Residential District for an area located at the southeast corner of the intersection of Mechanic Street and Webb Street and being a portion of the property of Charles E. Warren and wife, Lucile Warren, as evidenced by deed recorded in Deed Book 2272, Page 499, and all of Deed Book 3723, Page 46, Cumberland County Registry. (P92-26) F. Set public hearing to consider request for No Parking on Chatham Street from Moore Street to Rowan Street. G. Adopt ordinance revising Section 20-106, Traffic Schedule No. 6 - Stop Intersections and Schedule No. 14 - Yield Right-of-Way. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS - DEEP CREEK ROAD AND VARIOUS ROADS). ORDINANCE NO. NS1992-020. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 14 - YIELD RIGHT-OF-WAY - SAPONA ROAD). ORDINANCE NO. NS1992-021. Copies of the foregoing ordinances are on file in the Clerk's Office in Ordinance Book NS1992. H. (Pulled for discussion) I. Adopt resolution authorizing sale of City property. RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY (TRACT - CHRISTIAN/DEEP CREEK $800.00). RESOLUTION NO. R1992-039. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. J. Adopt resolutions concerning Bullock Street: a. Accept Bullock Street between Christian Street and Martin Road. RESOLUTION AUTHORIZING ACCEPTANCE OF A PORTION OF BULLOCK STREET. RESOLUTION NO. R1992-040. b. Adopt a preliminary resolution setting a public hearing for May 4, 1992, to consider the closing of Bullock Street between Christian Street and Martin Road. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF BULLOCK STREET. RESOLUTION NO. R1992-041. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1992. K. Award contract to Crowell Constructors (Proposal A) and Liles Plumbing, Inc. (Proposal B), low bidders, for Adams Court, Apartments for the Elderly - Utility and Site Development. Bids were received as follows: Proposal A - General Construction Total of 4 bids received with three low bids listed below: 1. Crowell Constructors $162,830 2. Triangle Paving $176,036 3. Barnhill Construction $177,777 Consultant Estimate $131,162 Proposal B - Sanitary Sewer and Water Construction Total of 3 bids received, as listed below: 1. Liles Plumbing, Inc. $ 40,000 2. McDonald Grading $ 51,200 3. Triangle Paving $ 51,492 Consultant Estimate $ 52,820 Proposal C - Irrigation Installation No valid bids received. Proposal D - Seeding and Landscaping Planting No valid bids received. A copy of the bid tabulation is attached to and made a part of these minutes. L. Adopt resolution authorizing transfer of surplus property to Cumberland County. RESOLUTION AUTHORIZING TRANSFER OF INTERGOVERNMENTAL PROPERTY TO THE COUNTY OF CUMBERLAND (FIRE DEPARTMENT - 4 MOTOROLA II PAGERS AND TWO CHARGERS). RESOLUTION NO. R1992-042. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. M. Approve request for fireworks display from Fayetteville Generals. N. Adopt ordinance imposing a lien on property located at 415 Kyle Street. (Owner: Roshie Drake) AN ORDINANCE IMPOSING A LIEN (415 KYLE STREET - OWNER: ROSHIE DRAKE). ORDINANCE. NO. NS1992-019. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. 2D. Set public hearing for May 4, 1992, to consider an addition of an MH(O) Manufactured Home Overlay District in an R6 Residential District to allow Class A manufactured homes in an area not otherwise designated by zoning to allow manufactured homes on individual residential lots for an area bordered by Troy Drive to the north. NC Hwy 53-210 to the east, Little Avenue to the west and Oxford Circle to the south. (P91-67) Mayor Pro-Tem Evans stated she was not aware that the City had an overlay district. Al Mitchell, Assistant Planning Director, responded the City did adopt the overlay district a couple of years ago, but this is the first case. Mayor Pro-Tem Evans moved to approve the setting of the public hearing as recommended, seconded by Councilmember Pillow and carried unanimously. 2H. Advertise lease agreement between City of Fayetteville and Amtrak for train station property. Councilmember Cheek asked if we would have an opportunity to adjust terms of lease or ask questions about that before it is signed, if it is approved for advertisement tonight. She referred to page 3(e) of the proposed lease because it shows an April 30, 1996, completion date and she hoped this date could be moved up. Deputy City Manager Roger Stancil responded that April 30, 1996, is the termination date for everything leased to CSXT, and the lease calls for everything to be terminated before that date. Mayor Dawkins read the time limit for the public hearings and non-public hearings. A. Consideration on Community Development Block Grant (CDBG) funding for Fiscal Year 1992-1993. This item was presented by Community Services Director Richard Herrera. He stated the agenda packet contained the Commission's funding recommendations along with comments that were made at all the public hearings to include comments received by mail. Mr. Herrera's presentation showed a request for senior citizen housing rehabilitation which had not been approved in two years, and the lighting of the basketball court at Seabrook Recreation Center, which is much needed. At the conclusion of his presentation, Mr. Herrera recommended that Council adopt the funding recommendations for FY 1992-93 as follows: 1. Housing Rehabilitation - (University Estates) $214,500 2. Housing Rehabilitation - (Deep Creek Road Area) 300,000 3. Housing Rehabilitation - Senior Citizen 300,000 (City-wide Deferred Loan Program) 4. Emergency Home Repair Program 100,000 (City-wide Deferred Loan Program) 5. Seabrook Recreation Center 7,500 (Basketball Court Lighting) 6. Administration 230,000 $1,152,000 The public hearing was opened at 7:25 p.m. and there being none to speak in favor or opposition, the public hearing was closed. Councilmember Cheek stated she would not be able to vote in favor of this because of the lack of recreational facilities and law enforcement in these areas. Mr. Herrera responded that we have put monies in for recreation, and there was a recommendation for a police substation in that area, however, HUD stated that monies are usually designated for housing. Councilmember Bolton agreed with Councilmember Cheek stating that he is concerned with the neighborhood needs such as the police protection and the social programs. Following some discussion, Mayor Pro-Tem Evans moved to approve the funding recommendations as set up, seconded by Councilmenber Ross and carried 7 to 2 with Councilmembers Bolton and Cheek voting in opposition. B. Consideration of sidewalk patching assessment rolls and final confirmation on the following streets: 1. East Rowan Street (north side) 2. East Rowan Street (south side) 3. Pittman Street 4. Hay Street (south side) 9. Person Street (north side) The public hearing was opened at 7:38 p.m. and there being none to speak in favor or opposition to the assessment rolls, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS (EAST ROWAN STREET - NORTH SIDE). RESOLUTION NO. R1992-043. RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS (EAST ROWAN STREET - SOUTH SIDE). RESOLUTION NO. R1992-044. RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS (PITTMAN STREET). RESOLUTION NO. R1992-045. RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS (HAY STREET - SOUTH SIDE). RESOLUTION NO. R1992-046. RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS (PERSON STREET - NORTH SIDE). RESOLUTION NO. R1992-047. Councilmenber Kendrick introduced the foregoing resolutions and moved their adoption at 7:38 p.m., seconded by Councilmember McBryde and carried unanimously. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1992. C. PWC Matters This item was presented by PWC Manager Tim Wood. He stated the items A, through L. were awarding of contracts to either the low evaluated bidder, or the low bidder, or the sole bidder. Mayor Pro-Tem Evans moved to award the contracts to the low evaluated bidders as recommended, seconded by Councilmenber McBryde and carried unanimously. Bid tabulations are attached to and made a part of these minutes. 4. Consideration of resolution directing the clerk to investigate an annexation petition received under G.S. 160A-31. (Pepperidge Mobile Home Park - 1802 Shaw Road - Contiguous Area) This item was presented by Deputy City Manager Roger Stancil with a recommendation to adopt a resolution. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 (PEPPERIDGE MOBILE HOME PARK). RESOLUTION NO. R1992-048. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmenber Kendrick and carried 8 to 1 with Councilmember Torrey voting in opposition. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. 5. Consideration of proposals for containerized trash and garbage collection services. This item was presented by City Manager John Smith with recommendations from the User Committee showing six (6) options. Following some discussion, Mayor Pro-Tem Evans moved to approve Option l to award to the low bidder of ARS in the amount of $306,000. The motion was seconded by Councilmember Ross. Following lengthy discussion, Councilmember Bolton moved to delay this item for two weeks and have staff return some information on subsidizing on the open market. The motion was seconded by Councilmember Kendrick and carried 5 to 4 with Councilmembers Evans, Robertson, Pillow and Ross voting against. 6. Report from Streets and Roads Committee: A. Request for traffic signal and turn lane on Village Drive at proposed entrance to Cape Fear Valley Medical Center. (John Carlisle, Administrator, Cape Fear Valley Medical Center, has requested to speak on this item.) This item was presented by City Manager John Smith. Councilmember Cheek moved to approve the request with two-thirds of the cost of the traffic signal light being paid by the City and one-third being paid by the Medical Center. The motion was seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Kendrick and Torrey voting in opposition. B. Review of plans for paving of Pate Drive. This item was presented by City Manager John Smith with a committee recommendation to install a standard constructed street but with asphalt curbing to preserve the trees along the roadway and to provide adequate drainage. Mayor Pro-Tem Evans moved to follow the recommendation of the committee, seconded by Councilmember Ross and carried unanimously. C. Review of proposed street standards. This item was presented by City Manager John Smith with the committee's recommendation that the proposals within the report be accepted but that all curbing be concrete except in unusual situations. Mayor Pro-Tem Evans moved to bring this item before the Council Information Meeting on April 27, seconded by Councilmember McBryde. Councilmenber Kendrick offered a friendly amendment to have a public hearing at the Information Meeting without the 15-minute time constraints. Councilmembers Evans and McBryde accepted the friendly amendment. The motion carried 9 to 0. D. Report on Raeford Road and Executive Place traffic signal request. This report was submitted in the agenda packet, and Council took no action. E. Report on Owen Drive and All American Expressway traffic operations. This report was submitted in the agenda packet with no action by Council. F. Discussion of proposed street lighting program. This item was presented by City Manager John Smith stating that the committee recommended the proposal from staff to upgrade the lighting at the twelve locations that warranted immediate attention and to continue to work on this problem in succeeding years. The total amount would be $290,000. The list of street lighting improvement estimates is as follows: 1. Branson/Bryan/Broadfoot Street Area $58,200 2. Owen Drive $27,200 3. Murchison Road $15,000 4. Person street/Clinton Road $84,800 5. Cool Spring Street $14,800 6. Country Club Drive $25,200 7. Preston Avenue $ 9,200 R. Eastern Boulevard $20,800 9. McDaniel/Harrison Street Area $12,800 10. Cooper Street $ 4,000 11. Barrett Street $ 2,000 12. Bragg Boulevard/Hay Street Intersection $16,000 Councilmember Robertson moved to ask PWC to do all twelve projects for the total of $290,000 and continue with the annual $50,000 for street lighting improvements in other areas. The motion was seconded by Mayor Pro-Tem Evans and carried unanimously. 7. Appointments: A. Nominations to fill one vacancy on Appearance Commission. The nominations were closed and Councilmenber McBryde moved to elect Mr. Charlie Singer by acclamation to fill the unexpired term of Lonnie M. Player to December 1993. The motion carried unanimously. B. Nominations to fill two vacancies on Human Relations Commission. Councilmember McBryde moved to elect by acclamation Colonel (Retired) Irving Barker and Mr. Alfonso McCoy for terms ending March 1994. The motion carried unanimously. 8. Administrative Reports: A. Tax refunds of less than $100. The following tax refunds of less than $100 were approved for the months of October and November: Please Note: To view the tax refund table, please see Book Y, pages 108 and 109 of the City of Fayetteville Meeting Minutes. B. Report on City requirements and required funding to comply with Part I of the federally mandated Stormwater Permitting Process. Mr. Smith stated this is another example of a state and federal mandate that comes down on municipalities with no funding made available which may cost the City $450,000 next year. 9. Adopt an ordinance amending Chapter 20 by deleting the fourth paragraph via Section 20-160 and adding a new Section 20-173 concerning picketing. This was presented by City Manager John Smith stating this would require a notice to the Chief of Police from the group that is intending to picket. The purpose of this amendment is to allow the Police Department sufficient time to ensure that police protection can be provided so that the rights of people to peacefully assemble and demonstrate can be protected. The ordinance will not require any permit or fee, and he recommended this amendment be adopted. AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES. ORDINANCE NO. S1992-006. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1992. At this time, Mayor Dawkins reminded Council of the Youth In Government Day on May 4. Also the seminars coming up in the middle of May concerning Metrovisions are submitted in the packeted. Councilmember Bolton stated he would be out of town for the Council's regular meeting on April 20 and requested to be excused. Councilmember Cheek moved to excuse Councilmember Bolton as requested, seconded by Councilmember Boss and carried 7 to 1 with Councilmember Kendrick voting against. 10. Discussion of demolition of buildings on Hay Street. Mr. Smith stated he had been approached by a group that is interested in the City-owned building at 225 Hay Street and another group interested in the LaFayette Hotel building that are scheduled for demolition. He stated he feels these groups are probably very serious and probably have the financial backing to do something with these buildings, but the City does not own the LaFayette Hotel Building. Mr. Smith requested that Council allow the 225 Hay Street Building demolition to be delayed, and he would return to Council in two weeks with further information. Councilmember Kendrick moved to delay the demolition on 225 Hay Street for two weeks, seconded by Councilmember Torrey and carried unanimously. There being no further business, the meeting was adjourned at 8:45 p.m. upon motion and second. Please Note: To view the table of bids for Adams Court Apartments Construction, please see Book Y, page 111 of the City of Fayetteville Meeting Minutes. To view the table of bids for the Public Works Commission, please see Book Y, page 112 of the City of Fayetteville Meeting Minutes. REGULAR MEETING MINUTES MONDAY, APRIL 20, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, APRIL 20, 1992 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large), Nat Robertson (at-large), Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); and Suzan Cheek (District 5) Absent: Tommy Bolton (District 1); 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 Jason Brady, Public Information Officer Louis Chalmers, Traffic Engineer Al Mitchell, Assistant City/County Planning Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Father Kitchersid, St. Elizabeth Ann Seton Catholic Church on Andrews Road, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented a proclamation declaring the week of May 3-9, 1992, as MUNICIPAL CLERKS WEEK to Bobbie Joyner, City Clerk. He recognized her for her hard work as City Clerk. 1. Approval of Agenda City Manager John Smith requested to have the initial zoning of Skibo Road added to the agenda as item 3D. He remarked this would normally be placed on the next agenda as a consent item; however, he is requesting this be considered tonight in order to have any building permits issued through the City rather than the County. Councilmember Cheek moved to add this item as 3D., seconded by Councilmember Torrey and carried unanimously 7 to 0. City Attorney Bob Cogswell requested to have an ordinance amending Chapter 20 added at the end of the agenda. This amendment will correct two sections with the same number. Councilmember Robertson moved to add this as item 6E., seconded by Councilmember Pillow and carried unanimously 7 to 0. Mayor Pro-Tem Evans moved to approve the agenda with the additions, seconded by Councilmember Ross and carried unanimously 7 to 0. At this time Mayor Dawkins stated that Councilmember Kendrick had contacted the administrative staff that he would be unable to attend tonight's meeting. Councilmember Ross moved to excuse Councilmember Kendrick, seconded by Councilmember Cheek and carried unanimously 7 to 0. Councilmember Bolton was excused at the last meeting. 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 Ross, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of April 6, 1992. B. Approve tax refunds for over $100. Please Note: To view the tax refund table, please see Book Y, page 113 of the City of Fayetteville Meeting Minutes. C. Set public hearing to consider request for reduction of speed limit on Wedgewood Drive. (May 4, 1992) D. Award contract for structures and equipment for the County Park Substation and Raeford Road Substation to Hamby-Young Power Supply Products Inc., low bidder in the amount of $180,380.00 for the County Park and $154,148.00 for the Raeford Road Park. (PWC) Bids received were as follows: County Park Raeford Road *Hamby-Young $180,380.00 $154,148.00 M.D. Henry $222,608.00 $180,390.00 W.R. Daniel $233,109.00 $180,565.00 Talman Associates $268,400.00 $219,950.00 Clark Corporation $211,118.00 $179,604.00 E. Award contract for 230-66 kV Substation Autotransformer to WESCO ($938,635.00), low bidder, and a contract for a Second 242 kV Fault Interrupter to Rigby Electric ($56,700.00), sole bidder. (PWC) Bids received were as follows: Autotransformer Fault Interrupter *Rigby Electric No Bid $56,700.00 *WESCO $ 938,635.00 No Bid Hesco, Inc. $ 967,150.00 No Bid Eastern Electric $1,031,197.00 No Bid Smit Nymegen $1,814,300.00 No Bid F. Award contract for Electronic Reclosers and Recloser Control Tester to Eastern Electric Supply, low bidder in the amount of $55,006.00. (PWC) Eastern Electric Supply $55,006.00 WESCO $56,477.00 G. Award contract for a Crawler Dozer to North Carolina Equipment Company, low bidder in the amount of $54,323.00. (PWC) Bids received were as follows: *North Carolina Equipment $54,323.00 Mitchell Distributing Company $55,151.00 R. W. Moore Equipment Company $56,990.00 Case Power & Equipment $57,735.00 Mayor Dawkins read the policies on the time limit for public hearings and non-public hearings. 3. Public Hearings: A. Consideration of the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the east side of Distribution Drive (SR 2414), north of Country Club Drive (US 401 Bypass). (P92-16) This item was presented by Assistant Planning Director Al Mitchell stating the Planning Board has recommended that the first 500 feet be rezoned and that the remaining portion stay R6 Councilmember Ross asked why they wanted it that way. Mr. Mitchell responded that the Planning Board followed the recommendation of staff because the normal depth for commercial development of 500 feet is adequate. Councilmember Cheek asked if the update of the new Land Use Plan is far enough along that this street is covered under this plan. Mr. Mitchell responded they were almost to that detail; however, with Distribution Drive already being developed for wholesale uses, that area is pretty well committed. Councilmember Torrey asked if the remainder of the area that is not to be rezoned could be used for parking. Mr. Mitchell responded they could get a special use permit for parking. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:22 p.m. and recognized in favor was Mr. Ned Garber, Route 7, Box 221F, Fayetteville, representing the Rose Group, petitioner. Mr. Garber stated they were in favor of the rezoning but would like to appeal to rezone the total track to C3. There was no one to appear in opposition and there being none further to be heard on this matter, the public hearing was closed at 7:25 p.m. Mayor Pro-Tem Evans moved to follow the recommendation of the staff and Planning Board to rezone the first 500 feet of depth along Distribution Drive to C3. The motion was seconded by Councilmember Pillow and carried unanimously 7 to 0. B. Consideration of rezoning from R10 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located on the east side of Cain Road, between Woodbine Avenue and Rogers Drive. (P92-17) This item was presented by Assistant Planning Director Al Mitchell stating the Planning Board recommended denial of R5 and approval of R6. He stated there was a valid protest petition requiring three-fourths (3/4) vote of the total Council to change any zoning. This is the advertised public hearing for this date and hour. Councilmember McBryde asked how many apartments could go in R5 and R6. Mr. Mitchell responded that for this tract of land an R5 zoning could include 110 units and R6 approximately 30 apartments could be built. The public hearing was opened at 7:30 p.n. and there was none to speak in favor. Appearing in opposition was Mrs. Hazel Michaels, 1040 Cain Road. She stated the City of Fayetteville needs to improve their image. This is a high crime area and high density zoning will increase that crime. She stated she has been victimized many times. Mr. David M. Moore, 2021 Spruce Street, also spoke in opposition. He agreed with Mrs. Michaels that this is a high crime area and feels they do not need more apartments, only single-family dwellings. There being none further to be heard on this matter, the public hearing was closed at 7:36 p.m. There was a gentlemen in the audience that requested to be heard on this matter; however, he had not signed up to speak. Mayor Dawkins informed him that he would be required to sign up to speak at the public hearing. The gentlemen stated he had signed up at the Planning Board and was informed that that was sufficient. Councilmember McBryde asked the City Attorney if notices were sent to people notifying them that they needed to sign up to speak at the public hearings. Mr. Cogswell responded that notices were sent and the legal ad also specified that they would need to sign up with the City Clerk in order to speak at the public hearings. Councilmember McBryde moved to deny the rezoning, seconded by Councilmenber Cheek and carried unanimously 7 to 0. At this time Mayor Dawkins stated that on Thursday at the Research Triangle, the City of Fayetteville received a first place award for the State of North Carolina because of the Park Ranger Program. We will go on to National competition. The Mayor stated he was very proud of them and was pleased to accept the award that was presented by Linda Evans from California. C. Consideration of adoption of amendment to Chapter 20 of the City of Fayetteville Code of Ordinances for No Parking on Chatham Street from Moore Street to Rowan Street. This item was presented by Traffic Engineer Louis Chalmers stating they have received a petition signed by a majority of the residents on the referenced street requesting no parking. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:40 p.m. and there was none to speak in favor. Speaking in opposition was Benjamin Washington, 3915 Daytona Road, owner of Chief's Corner Cafe at 432 Chathan Street. He stated no one has contacted him about any of the problems that were stated in the petition. He said the street was designed and paved to take care of the parking on the street and it should not be denied. He added if there was a problem in the area with crime, then the Police Department would take care of this. Mr. Washington stated he polices his business and his parking lot himself to make sure there are no problems to the neighbors. Councilmember Torrey stated to Mr. Washington that he is familiar with that area and he does have a problem there and he can understand what the residents are referring to. There was some further discussion with Mr. Washington by Councilmembers. There being none further to be heard on this matter, the public hearing was closed at 7:50 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 11 - PARKING PROHIBITED. CHATHAM STREET). ORDINANCE NO. NS1992-022. Councilmember Torrey introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously 7 to 0. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. This concluded the public hearings. 3D. Consideration of the initial zoning to C1P of Skibo Square. This item was presented by Assistant Planning Director Al Mitchell stating the Planning Board recommends the C1P zoning. City Manager John Smith stated the 10 days for anyone to submit a protest petition ended on Friday; but since Friday was a holiday, this was not received until today and that is the reason Council did not receive it until tonight's meeting. Councilmember Robertson moved to approve the initial zoning of C1P as recommended, seconded by Councilmember Ross and carried unanimously 7 to 0. 4. Consideration of options for containerized trash and garbage collection services. This item was presented by City Manager John Smith. He stated the information in the agenda packet is basically the same as was presented at the last meeting. He stated that Council had asked if the City could provide a collection subsidy under a competitive or open market system and the answer is yes. Mr. Smith recommended Option 5 which would allow competition under a non-exclusive franchise arrangement whereby the City would issue franchises to any hauler meeting basic minimum standards. Mr. Smith reviewed the options. Councilmember Ross stated she was concerned with the City employees that would be left without jobs, therefore she moved to follow Option 1 which would be for a 1-year exclusive contract with ARS with the City paying the collection cost of one pick-up per week. The motion was seconded by Mayor Pro-Tem Evans. Councilmember Pillow asked Mr. Smith what would happen to the City employees at Waste Industries if this contract was issued to ARS. Mr. Smith responded that he has had discussions with ARS regarding that, and they agreed to employ any City employees who would lose their job because of this contract, but this would have to be specified in the contract. Mr. Smith stated that if this motion passes, it will have to come back to Council as a contract because it will take on a franchise effect and it would require two readings by Council. Councilmember Cheek asked if there was any consideration given to having the trucks actually weigh the solid waste and determine the disposal fee that way. Mr. Smith responded that at the time the request for proposals was put out last November they were not sure that option was available here. If it is, then it could be a part of the contractual arrangement. Councilmember Cheek requested that staff pursue this if the motion does pass. She also stated she feels we would be awarding a monopoly to one business without giving businesses an opportunity to choose who they want and try to negotiate their own prices. Councilmembers McBryde and Torrey agreed with Dr. Cheek. Mayor Pro-Tem Evans stated she felt it was our intention to get the best price possible for the citizens and the lowest bidder would be doing that. Also, this was put out to free enterprise to bid on so we have not shut them out. Councilmember Pillow stated he felt if this was put out to free enterprise, it will require inspections of the trucks by the City which could create another department. Mayor Dawkins called for a vote on the motion made by Councilmember Ross to follow Option 1, seconded by Mayor Pro-Tem Evans. The vote carried 4 to 3 with Councilmembers McBryde, Torrey and Cheek voting in opposition. 5. Consideration of offer to purchase property located at 225-227 Hay Street. This item was presented by City Manager John Smith stating he had received an offer of $5,000.00 for the 225-227 Hay Street property. He stated that although we have paid $45,000.00 for the asbestos removal and $3,000.00 payment to the demolition contractor, he is recommending that this be approved for advertising of upset bid, and the sale be contingent upon the building being secured immediately and the building being brought up to building code by July 1992. Councilmember McBryde stated he feels the City should be paid what we have spent on it. Following some further discussion, Mayor Pro-Tem Evans moved to follow the recommendation and authorize advertisement for upset bids. The motion was seconded by Councilmember Cheek and carried 5 to 2 with Councilmembers Robertson and McBryde voting in opposition. At this time Mayor Dawkins recognized students from Dr. Suzan Cheek's class at Methodist College and students from Roger Stancil's class at Webster College Extension. 6. Administrative Reports: A. Discussion of Fiscal Year 1992-93 Budget Mr. Smith reviewed the General Fund projected revenues and departmental operating budget requests which revealed approximately $1.5 million will need to be cut from the current requests in order to come into balance with current revenue estimates and anticipated fund balance. All this was figured without an increase in any rates, fees, charges or tax increase. B. Presentation of proposed City seal. Mr. Smith presented the preliminary in-house design done by Dan Sears on our staff. The final draft drawing focuses on colonial times. It shows the State House, the Market House, the Cross of Saint Andrew and the City's namesake the Marquis de Lafayette. Mr. Smith stated he felt this would not only provide us with our corporate logo but also provide the City with a marketing tool, something we could use on certificates to citizens, pins for employees and other memorabilia to people visiting our City. Mayor Pro-Tem Evans and Councilmember Cheek requested the military be included in some way. Even though they were not here at the beginning of our City, they play a major part. Staff will continue to work on this logo. C. Statement of taxes collected for the month of March 1992 from the Cumberland County Tax Collector. Mr. Smith submitted the statement of taxes collected for the month of March in the amount of $222,598.60. D. Report of tax refunds of less than $100. Please Note: To view the tax refund table, please see Book Y, page 117 of the City of Fayetteville Meeting Minutes. E. Consideration of an ordinance amending Chapter 20 of the Code of Ordinances. City Attorney Bob Cogswell stated two ordinances were assigned the same section number, and this ordinance would redesignate one of them. AN ORDINANCE AMENDING SECTION 20-160. ORDINANCE S1992-007. Councilmember Robertson moved to adopt the foregoing ordinance, seconded by Councilmember Ross and carried unanimously 7 to 0. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1992. There being no further business, the meeting was adjourned at 8:45 p.m. upon motion and second. Approved May 4, 1992 INFORMATION MEETING MINUTES MONDAY, APRIL 27, 1992 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, APRIL 27, 1992 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Joseph Pillow (District 3) - excused 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 Louis Chalmers, Traffic Engineer Mike Walker, City Engineer Jennings McArthur, Engineer Technician Randy Lane, Engineer Technician Jerome Brown, Transit 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 Assistant City Manager for Administration and Finance, Ben Brown, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. At this time Mayor Dawkins stated that Councilmember Joseph Pillow was in the hospital with a broken leg and would need to be excused from this meeting as well as the May 4 Regular Meeting. Councilmember McBryde moved to excuse Councilmember Pillow from both meetings as requested, seconded by Councilmember Bolton and carried unanimously 8 to 0. At this time Mayor Dawkins recognized Mr. Jean Berry present in the audience who was voted into the Duke University Hall of Fame. 1. Approval of Agenda Councilmember Kendrick moved to approve the Agenda, seconded by Councilmember Torrey and carried unanimously 8 to 0. 2. Public Hearing Mayor Dawkins reminded everyone that the time limit for speakers had been withdrawn by Council at the last meeting. A. Consideration of Adoption of Street Standards for the City of Fayetteville. This item was presented by City Manager John Smith, Louis Chalmers, Traffic Engineer, and Mike Walker, City Engineer. A slide presentation showing different asphalt and concrete curbings and street widths and conditions throughout the City were shown by Jennings McArthur and Randy Lane of the Engineering Department. The recommendation was for Council to adopt the Street Standards Policy submitted. The public hearing was opened at 7:59 p.m. Mr. William L. Arent, Director of Engineers for Carolina Ready-Mixed Concrete Association in Charlotte, stated that asphalt deteriorated with age and concrete gets stronger. He encouraged Council not to abandoned their concrete curb and gutter of the Street Standards. Walter C. Moorman, Moorman & Kizer, stated they were concerned with the lack of flexibility in the proposed Street Standards. The local engineers, developers, and builders have met together and are submitting a revised street standards at this meeting; they feel will have the flexibility that is needed without making drastic changes. Gordon Rose, Rose Group Engineering Firm, stated they feel there is a need for Street Standards but Council needs to consider affordability. Dohn Broadwell, developer, also addressed the affordability because the streets in small subdivisions or the residential areas do not need to be as wide as City streets. If building the streets in the subdivisions becomes too costly, then the middle-income and lower-income people will not be able to afford to buy a home. F. Royal (Buzz) Loyd, Developer, Calvin Riddle, Builder/Developer, and Jim Kizer, Engineer, also spoke in opposition to the many restraints that this would put on their developments. They also addressed the flexibility and aesthetic. Mr. Moorman showed slides of various curbs and street widths throughout the City. They concluded by asking Council to adopt the revised policy or refer this to a balanced study group. June Lancaster, 2612 Fashion Lane, addressed Council requesting that they consider their petitions that were submitted almost a year ago for streets to be accepted by the City. They do not have a Homeowners Association and feel they are very vulnerable. Rowland Carroll, 2208 Hanbury Lane, also expressed the same concerns as stated by Mrs. Lancaster. John Floyd, 3305 Krista, representing Tree Haven Land Owners Association, stated they also had had a petition with the City requesting acceptance of their streets. The builder of their subdivision went bankrupt. There being none further to be heard on this matter, the public hearing was closed at 9:25 p.m. Councilmember McBryde recommended another task force to include developers and builders along with City employees and Council Policy Committee. Councilmember Bolton moved to refer this to the City Council Policy Committee and invite builders, developers, and others interested to attend. The motion was seconded by Councilmember Cheek. Councilmember Kendrick stated he felt that this needs immediate action because private streets are being developed every day. Mayor Dawkins called for a vote and the motion carried 7 to 1 with Councilmember Kendrick voting in opposition. Councilmember McBryde, Chairman of the Policy Committee, set the next Policy Committee meeting for May 12, 1992. Councilmember Cheek stated she was concerned with notification to homeowners if private streets are allowed. She wanted to make sure that adequate disclosure was addressed by the Policy Committee. City Attorney Bob Cogswell responded that the Homeowners Association document is Restricted Covenants and this should be on the deeds when the homeowners make their purchase. Dr. Cheek stated there may be an even better way to flag it. Councilmember Kendrick moved to place the three petitions for streets to be accepted by the City (Tree Haven, Briarwood Gardens, and Stonebridge subdivisions) on the May 4 Agenda. The motion was seconded by Councilmember Evans and carried unanimously 8 to 0. 3. Presentation on Feasibility Study for County-wide Public Transportation System. This item was presented by City Manager John Smith stating that this study was discussed during one of the budget workshops and the materials were placed in the Agenda packet for this meeting. This would be a six to nine month study to cost approximately $100,000.00 to be paid for by 10% from the City with the other 90% being Federal Grant. Mr. Smith added that this was approved in the adopted budget. He is recommending that Council authorize the Mayor to appoint a steering Committee and authorize staff to contact the institutions, businesses, military facilities and others that are going to be requested to serve on the Steering Committee. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Ross carried unanimously 8 to 0. 4. Consideration of Adoption of Resolution Cancelling the Existing Lease Between City of Fayetteville and CSX Transportation for AMTRAK station. This item was presented by City Attorney Bob Cogswell stating that the agenda item shows adoption of a Resolution, but it should be just a cancellation of the existing lease. He recommended Council approve the cancelling of the existing lease. Councilmember Bolton moved to approve the cancellation of the lease as recommended, seconded by Councilmember Cheek and carried unanimously 8 to 0. 5. Consideration of Approval of Lease Agreement between City of Fayetteville and National Railroad Passenger Corporation for AMTRAK Station. The City Attorney presented this item and recommended approval of the lease agreement. Councilmember Robertson moved to follow the recommendation for approval of the lease agreement as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 6. Consideration of request for Legal Representation This item was presented by City Attorney Bob Cogswell, requesting that Anderson, Broadfoot, Johnson, Pittman & Lawrence be engaged at $85.00 per hour to represent Police Officer Randy F. Podobinski in the case of ADA Christine Pope vs. City of Fayetteville. Councilmember McBryde moved to follow the recommendations, seconded by Councilmember Ross and carried unanimously 8 to 0. There being no further business, the meeting was adjourned at 9:50 p.m. upon motion and second. Approved May 18, 1992 REGULAR MEETING MINUTES MONDAY, MAY 4, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, MAY 4, 1992 7:00 P.M. Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (Distric 1); Ida Ross (District 2); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Joseph Pillow (District 3) - excused 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 Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, Traffic Engineer Al Mitchell, Assistant City/County Planning Director Robert Barefoot, Parks and Recreation Director Tim Wood, PWC Manager Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Dr. Dan Griffin, Snyder Memorial Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Major Dawkins called on Robert Barefoot for the presentation of "Take Pride In America" award by Parks and Recreation Rangers/Naturalists presented to Mayor Dawkins on behalf of the City Council. At this time, Mayor Dawkins announced that Councilmember Pillow has been transferred to Cape Fear Valley Hospital following a fall that broke his leg and he is doing better. He did remind everyone that Mr. Pillow had been excused from tonight's meeting at a previous meeting. 1. Approval of Agenda Councilmember Robertson moved to approve the agenda, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 2. Consent: City Manager John Smith stated that in order to have the minutes reflect the correct motions, he is requesting Council to add wording to Item 2F., adopt ordinance and resolution, and Item 2Q., to add the words adopt resolution authorizing. Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. There being none, Mayor Pro-Tem Evans moved to approve the consent agenda with the corrections to Items 2F. and 2Q. After a second from Councilmember Cheek, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of April 20, 1992. B. Adopt resolution setting public hearing for June 1, 1992, to consider the paving of Englewood Drive, pursuant to petition, from Cedar Creek Road to Dead End. PRELIMINARY ASSESSMENT RESOLUTION (PAVING ENGLEWOOD DRIVE). RESOLUTION NO. R1992-049. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. C. Adopt Special Revenue Fund Project Ordinance Amendment 92-3. This amendment accounts for additional receipts of federal forfeiture funds totalling $28,086.00 to be disbursed with the stipulations as shown in the agenda packet. D. Adopt demolition ordinance for property located at 1777 Cardinal Circle, (Owner: Olia Scott) AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE (1777 CARDINAL CIRCLE - OWNER QLIA SCOTT), ORDINANCE NO. NS1992-023. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. E. Adopt demolition ordinance for property located at Lot 17 Cardinal Circle. (Owner: John R. & Elaine Mercer "Heirs") AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE (LOT 17, CARDINAL CIRCLE - OWNER JOHN R. & ELAINE MERCER "HEIRS"). ORDINANCE NO. NS1992-024. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. F. Adopt ordinance and adopt resolution for Dependent Health Care plan. AN ORDINANCE ADOPTING THE DEPENDENT CARE REIMBURSEMENT PLAN AND THE PRE-TAX PREMIUM PLAN FOR THE CITY. ORDINANCE NO. NS1992-025. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. RESOLUTION WHEREAS, the City of Fayetteville (hereinafter referred to as the "City") of Fayetteville Pre-Tax Premium Plan, effective January 1, 1991; and WHEREAS, the City now wishes to amend said Plan by the adoption of the First Amendment to the City of Fayetteville Pre-Tax Premium Plan in the form presented to this meeting, effective January 1, 1992. NOW, THEREFORE, BE IT RESOLVED that the City of Fayetteville Pre-Tax Premium Plan be amended by adopting the First Amendment to said Plan, effective January 1, 1992. RESOLVED, that the appropriate officials of the City be and they are hereby authorized and directed to execute said First Amendment, a copy of which is annexed hereto. RESOLUTION ADOPTING FIRST AMENDMENT TO THE CITY OF FAYETTEVILLE PRE-TAX PREMIUM PLAN, RESOLUTION NO. R1992-050. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. G. Approve right-of-way easements for NC DOT improvements on East Mountain Drive. H. Accept NC DOT grant for Projects AIP 12 and AIP 13. Total grant awards in the amount of $230,437.00 are as follows: AIP 12 - $201.787.00 Security equipment, Environmental Assess for Highway 301, Rehabilitate CFR Truck, Land Acquisition, and Construction of Fire Training Facility. AIP 13 - $28,650.00 Update of Airport Master Plan, Install Taxiway Guidance Sign System, and Land Acquisition. I. Award contract for purchase of one hundred (100) 50 kVa, padmount transformers to Wesco, low evaluated bidder in the amount of $128,900.00. (PWC) Bids received were as follows: WESCO $128,900.00 Eastern Electric Supply $126,200.00 *Mill-Power Supply $ 97,500.00 National Transformer $126.100.00 Rigby Electric Supply $125,200.00 Power Supply $134,600.00 *HESCO, Inc. $111,100.00 *Did not meet specifications. J. Award contract for construction of POD No. 3 69 kV transmission line from Waters Edge Substation to Cliffdale Substation to C.W. Wright Construction Company, low bidder in the amount of $648,419.79. (PWC) Bids received were as follows: C.W. Wright Construction Co. $648,419.79 Sumter Builders, Inc. $794,256.56 Floyd S. Pike Electrical $873,129.45 K. Award contract for construction of 16-inch water main along Shaw Road (between Bragg Boulevard and Gregory Street) to Blue Construction Company, low bidder in the amount of $226,922.50. (PWC) Bids received were as follows: Blue Construction Company $226,922.50 T.A. Loving Company $259,162.50 ES&J Enterprises, Inc. $263,320.75 W.M. Paris & Associates, Inc. $286,068.75 James A. Dobbins Construction Co., Inc. $306,233.67 Nortec Construction ServIces, Inc. $323,506.07 L. Award contract for Storage Handling Equipment to Owen Supply, Inc., low bidder in the amount of $62,245.00. (PWC) Bids received were as follows: Owen Supply, Inc. $62,245.00 Ron Smith Equipment Company $65,441.00 Lyon Metal Products $66,887.48 M. Approve appointment of Lisa Moore as "Deputy Tax Collector" for Public Works Commission for the purpose of collecting assessments for water and sanitary sewer utilities. (PWC) N. Adopt resolution declaring cost and ordering preparation of preliminary assessment rolls and setting time and place for public hearing on preliminary assessment roll for installation of Sanitary Sewer Collection System into Calla Circle, Creed Street, Bragg Boulevard, Vivian Drive, Woodhaven Circle, Arbutus Trail, Kinlaw Road, and U.S. 401 North. (Suggested public hearing date June 1, 1992) (PWC) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION R1992-051. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. O. Adopt resolution declaring cost and ordering preparation of preliminary assessment rolls and setting time and place for public hearing on preliminary assessment roll for installation of Sanitary Sewer Collection System into Ruritan Drive, Jarvis Street, Tarheel Drive, Nix Road, Buie Circle, Bellflower Street, Bedell Place, Campground Road, and Wintergreen Drive. (Suggested public hearing date June 15, 1992) (PWC) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION R1992-052. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. P. Adopt resolution declaring cost and ordering preparation of preliminary assessment rolls and setting time and place for public hearing on preliminary assessment roll for instruction of Water and Sanitary Sewer Utiltities into Oakwood Street, Kathy Street, and Blanton Road. (Suggested public hearing date July 6, 1992) (PWC) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION R1992-053. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. O. Adopt resolutions authorizing advertising and approving setting public hearing for May 18, 1992, to consider paving assessments on the following streets: 1. Buie Circle (from Campground Road to Nix Road) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL - BUIE CIRCLE (FROM CAMPGROUND ROAD TO 29 FEET SIGN BEYOND SOUTH MARGIN OF NIX ROAD). RESOLUTION R1992-054. 2. Jarvis Street (from Ruritan Drive to Dead End) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL - JARVIS STREET (FROM RURITAN DRIVE TO DEAD END). RESOLUTION R1992-055. 3. Nix Road (from Buie Circle to Campground Road) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL - NIX ROAD (FROM BUIE CIRCLE TO CAMPGROUND ROAD). RESOLUTION R1992-056. 4. Tarheel (from Wintergreen Drive to Ruritan Drive) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL - TARHELL DRIVE (FROM WINTERGREEN DRIVE TO RURITAN DRIVE). RESOLUTION R1992-057. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1992. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for public hearings and the time limit for non-public hearings. A. Consideration of the addition of an MH(O) Manufactured Home Overlay District in an R6 Residential District to allow Class A Manufactured Homes in an area not otherwise designated by zoning to allow manufactured homes on individual residential lots for an area bordered by Troy Drive to the north, NC HWY 53-210 to the east, Little Avenue to the west and Oxford Circle to the south. (P91-67) This item was presented by Assistant Planning Director Al Mitchell explaining the overlay district regulations and he reviewed what is located in that area now. He stated that the petitioner only has one lot, that is not three acres, and he wants to put a doublewide, manufactured home on this lot. This can only be done by considering a defined area. The Planning Department has submitted a 26-acre area for consideration, which would have to have Class A homes on the lots. The Planning Board recommends approval. This is the advertised public hearing. The public hearing was opened at 7:42 p.m. and no one appeared in favor of this item. Appearing in opposition was Jim Cooper, 3412 Melba Street, representing Temple Baptist Church located near the site in question. He stated that their neighborhood, like some others, has an overabundance of poverty and crime but the good citizens that own property and live there are proud of their community and want to see it upgraded--not go down. They are opposed to an overabundance of low-income housing. At this time, Mayor Dawkins recognized former Councilmember Reverend Aaron Johnson and Dr. Vic Hackley, Chancellor of Fayetteville State University, present in the audience tonight. Appearing also in opposition to this item was Mable C. Smith, 1606 Deep Creek. She concurred with Mr. Cooper in requesting Council to deny this request. There were approximately 60 people present in opposition to this request. There being none further to be heard, the public hearing was closed at 7:55 p.m. Councilmember McBryde moved to deny the request for the MH(O) District, seconded by Councilmember Ross and carried unanimously 8 to 0. B. Consideration of an application by James M. Kizer for a Special Use Permit an provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-33, Item 1(a) to allow automobile off-street parking in an R5 Residential District for an area located at the southeast corner of the intersection of Mechanic Street and Webb Street and being a portion of the property of Charles E. Warren and wife, Lucille Warren, as evidenced by deed recorded in Deed Book 2272, Page 499, and all of Deed Book 3723, Page 46, Cumberland County Registry. (P92-26) This item was presented by Assistant Director Al Mitchell stating that the Planning Board recommends approval with the following three conditions: 1. A storm water drainage plan be submitted and approved by the City Engineer. 2. If the parking lot is ever lighted, the lights be installed in such a manner as to not illuminate the adjoining residential property. 3. The buffer adjoining Mechanic and Webb Streets be maintained according to the site plan. Councilmember Kendrick asked if the petitioner would have to follow buffer guidelines and Mr. Mitchell responded that they would. This is the advertised public hearing. The public hearing was opened at 8:00 p.m. and David Varnadoe, 2536 Allsbrook Drive, was sworn in by the City Clerk. Mr. Varnadoe representing the petitioner, Jernigan and Warren Funeral Home, stated they have met the conditions set forth by the Planning Department and request Council to approve the Special Use Permit in order to complete the paving of the parking lot. There being none further to be heard on this matter, the public hearing was closed at 8:03 p.m. Mayor Pro-Tem Evans moved to approve the Special Use Permit with the three conditions set forth by the Planning Board, seconded by Councilmember Ross and carried unanimously 8 to 0. C. Consideration of petition for 25 Mile Per Hour Speed Zone on Wedgewood Drive. This item was presented by Traffic Engineer Louis Chalmers stating this is by petition and this is the advertised public hearing for citizen input. The public hearing was opened at 8:05 p.m. and there being none to speak for or against this matter, the public hearing was closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL, WEDGEWOOD DRIVE). ORDINANCE NO. NS1992-026. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. D. Consideration of adoption of a resolution to consider the closing of Bullock Street between Christian Street and Martin Road. This item was presented by City Manager John Smith stating that a petition had been received requesting this closing. This has a small amount of dedicated right-of-way that has never been opened or maintained by the City and would be divided between adjacent property owners. This is the advertised public hearing. The public hearing was opened at 8:07 p.m. and there being none to speak in favor or against this item, the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF BULLOCK STREET. RESOLUTION NO. R1992-058. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. 4. Consideration of petitions from Tree Haven, Briarwood Gardens, and Stonebridge Subdivisions. Councilmember McBryde moved to approve Option II, seconded by Mayor Pro-Tem Evans. Option II is as follows: This option would accept the streets for permanent City maintenance and the streets would be reconstructed only as necessary to repair any obvious pavement defects and drainage problems. The estimated costs for this option are as follows: (a) Treehaven $6,500.00 (b) Briarwood Gardens - 0- (c) Stonebridge 750.00 ((Delaware Drive only) TOTAL ESTIMATED COST $7,250.00 City Manager John Smith stated that we would still need an offer for dedication by the Homeowners Association if this is adopted, and these improvements would be at the City's expense. Mayor Dawkins called for a vote and it was unanimous 8 to 0. 5. Consideration of a resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended. (petition-initiated contiguous area) - Pepperidge Mobile Home Park - 1802 Shaw Road. (Suggested public hearing date is June 1, 1992) This item was presented in the agenda packet with a recommendation for adoption of the resolution. RESOLUTION FIXING DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION NO. R1992-059. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Robertson and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. 6. Consideration of date for organization of new City Council. This item was presented in the agenda packet by the City Manager with a recommendation to set the date for July 6, 1992, for the organizational meeting of the new City Council. Councilmember Bolton moved to follow the recommendation, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. At this time Mayor Dawkins moved Item 8A. to be heard at this time at Councilmember Torrey's request. 8A. Report on staff analysis of renaming a City street in honor of Dr. Martin Luther King, Jr. This item was presented by City Manager John Smith stating this is a report provided at the request of Councilmember Ross of alternatives for a possible MLK Street. His suggestions for consideration are CBD Loop, Murchison Road, Eastern Boulevard, or New Airport Road. He stated he has received a petition in opposition to the renaming of Murchison Road. Councilmember Ross stated she had considered all the streets that Mr. Smith had submitted but felt the Murchison Road would be the best to be named for Dr. King because of the parade held in his honor on Murchison Road. The many residents that were able to stand in their yards and observe and participate in the parade would not be able to get to the other areas if they did not have transportation. She stated there was a petition with 123 names in favor of the renaming of Murchison Road and 37 names against. Councilmember Torrey stated he felt it is time that Fayetteville joined the many other cities and towns that have already renamed streets for Dr. King. He feels that the Murchison Road would be the best street and moved to rename Murchison Road Dr. Martin Luther King, Jr., Boulevard, seconded by Councilmenber Ross. Councilmember McBryde stated that he and past Councilmember Reverend Aaron Johnson, present in the audience tonight, both wanted a public hearing on this matter, but he would like to ask Reverend Johnson why he wanted a public hearing. Reverend Johnson responded that he had always been a supporter of Martin Luther King by marching and going to jail during the civil rights demonstrations and he believed in everything that Martin Luther King stood for. However, he stated that if this was made a "black thing" then we are promoting racism. He stated in order to keep this a democracy, the Council needs to give the citizens a chance to speak by granting a public hearing. Councilmember McBryde offered substitute motion to set a public hearing in two weeks, seconded by Councilmember Robertson. The motion failed 2 to 6 with Councilmember Evans, Bolton, Cheek, Ross, Torrey and Kendrick voting against. Mayor Dawkins asked if there was any further discussion on the main motion by Councilmember Torrey to rename Murchison Road to Martin Luther King, Jr., Boulevard and seconded by Councilmember Ross. Mayor Pro-Tem Evans stated that of the four suggested streets for consideration she felt like the Murchison Road would be the best. Councilmember Kendrick stated he also felt the Murchison Road would the best because it is a thoroughfare that links two cities (Spring Lake and Fayetteville) and crosses a military reservation. He stated that part of the CBD Loop has already been named for Ray Floyd by the County Commissioners, the New Airport Road has not been built yet, and he did not think Dr. King would have liked Eastern Boulevard renamed for him. Mr. Kendrick stated he felt this is the time to rename a road for Dr. King. Councilmember McBryde stated if the substitute motion failed, he would vote in favor of the renaming of Murchison Road to Dr. King. Councilmember Ross requested that if this is approved, Councilmember Pillow be given credit for voting in favor. Mr. Smith stated it would take some time to order street name signs and the E-911 data changed, therefore he is requesting this be made effective in 90 days. Mayor Dawkins called for a vote on the main motion and it carried unanimously 8 to 0. Street name changes are done by ordinance and the title is as follows: AN ORDINANCE RENAMING MURCHISON ROAD TO MARTIN LUTHER KING, JR., BOULEVARD. ORDINANCE NO. NS1992-027. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1992. At this time Mayor Dawkins returned to Item 7. 7. Appointments: A. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. There were no nominations made to fill the vacancy of Mrs. Jane Cherry. 8. Administrative Reports: A. (Considered before Item 7.) B. Report regarding lost state collected local revenues for FY 92-93. Councilmember Cheek asked if a meeting is going to be scheduled with the Legislators in the near future. Mayor Dawkins responded that it would be this month and requested Mr. Smith to schedule this meeting as soon as possible. Mr. Smith asked that Council let our Legislators know that we expect their support of HB916 in short session, which, if adopted, would over a four-year period restore the growth to the state-collected local revenues. There being no further business, the meeting was adjourned at 8:45 p.m. upon motion and second. REGULAR MEETING MINUTES MONDAY, MAY 18, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, MAY 18, 1992 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Joseph Pillow (District 3) - excused 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 Jason Brady, Public Information Officer Mike Walker, City Engineer Al Mitchell, Assistant City/County 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 The invocation was offered by John Smith, City Manager, followed by Webelo Pack No. 40 leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins recognized and presented trophies and certificates to L'Tanya Jamel, Alexis Powell, Monique Ford, Shawn Parker, A Mer Ria McClain, and Latoria Ackins for their outstanding performance in the North Carolina Pee Wee Double Dutch Championship Competition held April 11, 1992, in Winston-Salem, North Carolina. RECOGNITION: Mayor Dawkins recognized Webelos Pack No. 40 and their Scoutmaster Wayne Dadetto. POSTGRADUATION AWARENESS - STUDENT CHAIRMAN, ALLISON COPPERNOLL Mayor Dawkins presented a Proclamation to Miss Coppernoll on behalf of the City and County. The Fayetteville Youth Council presented Mayor Dawkins with a Certificate of Appreciation for his support of their organization. 1. Approval of Agenda: City Manager John Smith requested Item 3A be corrected to reflect the assessments were for street improvements rather than sidewalk improvements. He also stated that Mr. Cogswell, City Attorney, had requested an executive session for the purposes of discussing litigation. Councilmember McBryde moved to approve the agenda as corrected, seconded by Councilmember Cheek and carried unanimously. Councilmember Bolton moved that Councilmember Pillow be excused from the meeting, seconded by Councilmember Kendrick, carried unanimously. 1. Consent: Major 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, seconded by Councilmember Cheek, carried unanimously. Councilmember Cheek commended the staff on their timeliness and good work in the widening and adding turn lanes project at the Morganton Road-McPherson Church Road intersection. A. Approve minutes of Information Meeting of April 27, 1992. B. Setting public hearing for June 15, 1992, to consider the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 5323 Morganton Road. (P92-37) C. Setting public hearing for June 15, 1992, to consider an application by Barden Lanier for the Rosemyer Corporation for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-30, Item (14) to allow mini-warehousing in a C3 Heavy Commercial District for an area located on the north side of Bragg Boulevard, west of Carol Street. (P92-39) D. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at the north end of Hastings Drive, north of Country Club Drive (US 401 Bypass). Being all of Annexation No. 92-3-349, known as "The Greens, Section One, Part One." (P92-33) E. Approve 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 Carver's Fall Road (SR 1713) and the east side of Raleigh Road. (P92-34) F. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing on preliminary assessment roll for paving of the following: (Public Hearing date: June 1, 1992) 1. CORONADO PARKWAY (FROM OWEN DRIVE TO ELDORADO ROAD) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF A PRELIMINARY ASSESSMENT ROLE AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON A PRELIMINARY ASSESSMENT ROLE ON CORONADO PARKWAY (FROM OWEN DRIVE TO ELDORADO ROAD). RESOLUTION NO. R1992-061. 2. MAWOOD AVENUE (FROM OLD GATE ROAD TO OLD GATE ROAD) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF A PRELIMINARY ASSESSMENT ROLE AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON A PRELIMINARY ASSESSMENT ROLE FOR MAWOOD AVENUE (FROM OLD GATE ROAD TO OLD GATE ROAD). RESOLUTION NO. R1992-060. Copies of the foregoing resolutions are on file in the Clerk's office in the Resolution's Book R1992. G. Approve the following Finance matters: 1. Adopt Grant Project Ordinance 92-1 (Transit Planning Grant). Funding components of the project are (1) federal share - $193,376; (2) state share - $24,172; and (3) local shares - $24,172 for a project total of $241,720. This ordinance establishes the necessary group of accounts as required by the grant agreement. 2. Adopt the following Capital Project Ordinances: (a) Amendment 92-12 (reallocate program year 17 CDBG). (b) Adopt Special Revenue Fund Project Ordinance 92-3. These two ordinances serve to reclassify the program year 17 Community Development Block Grant from a capital to a noncapital project in the Federal and State Special Revenue Fund. H. Award contract for the McPherson Church Road/Morganton Road Intersection Improvement (Engineering project No. B10-408-91) to low bidder, Barnhill Contracting Company, Inc., in the amount of $250,661.62. Bids received were as follows: *Barnhill Contracting Company, Inc. $250,661.62 Crowell Constructors, Inc. $254,519.20 McDonald Grading Company $317,481.00 I. Approve bid award to WESCO, for mobile substation, low bidder, in the amount of $647,374. (PWC) Bids received were as follows: *WESCO $647,374.00 R.W. Chapman and Company $649,137.00 National Transformer Sales $667,412.00 J. Approve bid award in the amount of $123,820.34 to Weeks Construction, low bidder, for POD No. 369kV transmission lines from: 1. Railroad Street to Wilmington Road, and 2. Morganton Road at McPherson Church Road intersection widening. (PWC) Bids received were as follows: A Bid B Bid Total Bid *Weeks Construction $56,389.52 $67,430.82 $123,820.34 Stackhouse, Inc. $67,920.19 $92,854.60 $160,774.79 C. W. Wright Constr. $87,485.70 $100,825.95 $188,311.65 Sumter Builders, Inc. $79,166.17 $110,447.92 $189,614.09 K. Approve bid award in the amount of $29,962.23 to Lake City Electric, low bidder, for a 350HP, 2400/460 volt, 1200 RPM Electric Motor (replacement for No. 4 High Pressure Pump at the Hoffer Water Treatment Plant). Bids received were as follows: *Lake City Electric $29,962.23 Electrotek $31,000.00 3. Public Hearings: Mayor Dawkins read the policy on time limit for speakers at public hearing and non-public hearing items. City Attorney Bob Cogswell explained the payment process and early pay discount for the assessments. This is the advertised public hearing for this date and hour. Mr. Cogswell certified that notices have been sent first class mail to the owners of the property shown on the preliminary assessment rolls. A. Consideration of adoption of resolutions confirming assessment roll and levying assessments for paving improvement projects on the following locations: 1. Jarvis Street (from Ruritan Drive to Dead End) The public hearing was opened at 7:22 p.m. and there was none to speak in favor. Mr. Thomas J. Gravly, 107 Ruritan Drive, was recognized in opposition. Mr. Gravly stated he thought this project was being done with bond money and there would be no charge to the residents of this street. He also stated there were only four houses fronting Jarvis Street and there was insufficient street lighting for the area. There being none further to speak on this matter, the public hearing was closed at 7:25 p.m. Councilmember McBryde expressed the desire to make it clear that this paving improvement was not a bond project which had been voted on by the citizens of Fayetteville. Mr. Smith stated that Jarvis Street was done by petition. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1992-062. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. Councilmember Cheek requested that the staff check into the spacing of the street lights on Jarvis Street and the surrounding streets to determine if additional lighting is needed. 2. Buie Circle (from Campground Road to Nix Road) The public hearing was opened at 7:28 p.m. and there was none to speak in favor of this item. Mr. Charles Skinner, representative of the Belks Service Center, 4525 Campground Road, appeared in opposition. Mr. Skinner stated Buie Circle was only a connection street and Belks had received no benefit to their property as a result of the paving improvement and had not requested the annexation. There being none further to speak on this matter, the public hearing was closed at 7:31 p.m. Councilmember McBryde requested that Mr. Cogswell explain the requirement that an appraisal must be done which shows that property has not been benefited by an improvement before the disallowment of an assessment can be done by the City Council. Mr. Cogswell addressed this issue and a discussion was held. Councilmember Evans moved that the assessments on Buie Circle be continued for 60 days. There was no second and the motion died. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1992-063. Councilmember Kendrick moved that the foregoing resolution be adopted, seconded by Councilmember Torrey and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. 3. Tarheel Drive (from Wintergreen Drive to Ruritan Drive) The public hearing was opened at 7:40 p.m. and there were none to speak in favor. Speaking in opposition was Helga Ochoa, 5410 Tarheel Drive. Ms. Ochoa addressed the Council and requested an itemized statement showing the cost of materials and labor for this project, Mr. Cogswell stated that the construction cost was $40,625,03 with an engineering cost of 3.5% of $1,421.88 for a total cost of $42,046.91. Ms. Ochoa was told the original contract is available at the City Engineering Department. The public hearing was closed at 7:44 p.m. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS TARHEEL DRIVE (WINTERGREEN DRIVE TO RURITAN DRIVE). RESOLUTION NO. R1992-064. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek, unanimously approved 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. 4. Nix Road (from Buie Circle to Campground Road) The public hearing was opened at 7:45 p.m. and there was none present in favor. Mr. Herbert A. McCaskey, 4617 Nix Road, expressed his opposition to the levying of this assessment. He stated he was speaking for all of the residents of Nix Road and was expressing all of their dissatisfaction at being annexed into the City and not receiving the benefits they were promised. The residents are unhappy with the garbage pickup, the lack of street lights, the posted speed limits and their street being unnecessarily torn up and repaved. Mr. McCaskey presented a petition to the Council requesting that the assessment be rescinded. Mr. Benjamin C. Weldon, 4608 Nix Road, also spoke in opposition. Mr. Weldon stated he had had to buy dirt to redo his yard and felt this was unfair. He also expressed his concern over the speed limit and the lack of stop signs. There being no one else to speak in opposition, the public hearing closed at 7:59 p.m. Mayor Dawkins called upon Mike Walker, City Engineer, and asked for clarification on the construction of Nix Road. Mr. Walker stated a physical inspection was made of this area after it was annexed into the City. The staff found the streets to be in poor condition. In using a rating scale of O (worse) to 100 (perfect), Nix Road was classified as a 35 to 40. It was then decided that the road would need to be reconstructed rather than patched. John Smith stated that when water and sewer are installed and the street is patched, the cost is included in the PWC project cost. If a road is reconstructed, it must be done to meet City Standards, and the cost is assessed to the property owner at a rate of $10 per foot in frontage. Mayor Dawkins directed the staff to check into the PWC matters, speed limit questions, street lights, and stop signs. Councilmember Kendrick requested that the City staff and PWC check out the situation at 4608 Nix Road and report back to the Council in 30 days on all matters. Mayor Pro-Tem Evans asked Mr. McCaskey to submit a petition to the City on the speed limits and stop signs. She assured him the Council would act on his petition. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1992-065. Councilmenber Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. 4. Planning Board Matters: A. Consideration of the rezoning from C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 110 Carver's Falls Road. (P92-36) This item was presented by Assistant Planning Director Al Mitchell. Mr. Mitchell explained the overlay district regulations and reviewed what Is located in this area now. He stated the petitioners have plans to build a garage/body shop on this property. The Planning Board recommended approval. Councilmember McBryde moved to approve, seconded by Mayor Pro-Tem Evans. A discussion followed. Councilmember Cheek raised the issue of whether this request could be considered spot zoning. After questioning Mr. Cogswell and Mr. Mitchell, Councilmember Ida Ross made a substitute motion to hold a public hearing on June 1, 1992. After further discussion, Mr. Cogswell expressed his opinion that it was spot zoning but not illegal spot zoning. Councilmember Ross withdrew her substitute motion. Councilmember McBryde repeated his motion to approve, seconded by Mayor Pro-Tem Evans, carried unanimously. 5. Consideration of adoption of resolution authorizing sale of property located at 225-227 Hay Street. This item was presented by City Manager John Smith. A recap was given of the events preceding this meeting. Mr. Smith stated he felt the $3,000 paid to Mr. McLaughlin by the City was adequate compensation for the work performed. He further stated that no documentation of additional costs incurred by Mr. McLaughlin has been submitted to the City as requested. Mr. Garris Neil Yarborough, attorney for Joe McLaughlin, addressed the Council and stated the additional amount owed by the City to Mr. McLaughlin is $22,500. This is giving the City credit for the $3,000 already paid. Following a lengthy discussion by the City Council members, Councilmember McBryde asked Mr. Cogswell to address the question as to what Mr. McLaughlin could legally recover. Mr. Cogswell stated the contract requires that Mr. McLaughlin be compensated for the work done to this point plus the cost of the salvaged materials. Mr. Cogswell further stated that at this time, he would like to see Mr. McLaughlin's contract to sell salvaged materials and other proof of the additional claims for damage. He stated he could not offer an opinion as to the exact cost involved without first reviewing this material. Councilmember Ida Ross moved that the property be sold. Discussion ensued and Ms. Ross withdrew her motion. Mr. John Smith recommended this item be delayed until the June 1 meeting in order that the new information presented could be reviewed by management. Councilmember Robertson moved that the demolition of 225-227 Hay Street proceed and that the sale of this property be denied, seconded by Councilmember Kendrick. Councilmember Cheek offered a substitute motion that voting be delayed on this issue until the next meeting, seconded by Councilmember McBryde, carried by a vote of 5 to 3, with Councilmembers Ross, Robertson, and Kendrick voting against the delay. 6. Consideration of adoption of resolution authorizing the sale of City property. City Manager John Smith presented this item. He recommended the approval of the sale of lots 150, 151, and 152 Pleasant View Extension No. 3, Plat Book 14, page 20, as recorded in the Cumberland County Registry for the high bid of $516.23 to Hilton E. Cashion. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1992-066. Councilmember Kendrick moved to adopt the foregoing resolution, seconded by Councilmember Robertson and carried unanimously 8 to 0. 7. Consideration of adoption of a proposed City/County Interlocal Agreement - Clean Water Act of 1987 - National Pollutant Discharge Elimination System (NPDES) Permit - Part I. Mr. Smith stated this is a federally mandated program through the state of North Carolina. The purpose of this federal environmental mandate is to monitor the quality of storm water run-off. In order to carry out this unfunded federal mandate, the City will have to leave undone some future storm water capital projects. The total cost of this permit is estimated to be $834,000 and is proposed to be shared equally between the City and County ($417,000 each). Had the City chosen to submit a separate "City only" permit, the cost was estimated to be $581,000. Submitting a joint application will save the City an estimated $164,000. Mr. Smith recommended approval of this contract for interlocal undertaking. Councilmember Robertson moved to approve, seconded by Councilmember Ross and carried unanimously 8 to 0. 8. Consideration of award of contracts for AIP 12 grant project (Fire Training Facility) at Fayetteville Regional Airport. This item was presented by Ralph Hamilton, Assistant Airport Manager. Mr. Joe Rogers of Wilbur Smith and Associates was also present. An inquiry was made by Councilmember Bolton regarding the availability of additional federal funds. Mr. Hamilton stated there are no federal funds available for this project at this time, because the City has used up all of its entitlements. Mayor Dawkins asked the City Manager for his input. Mr. Smith stated that if the entire project to include the alternate phases were awarded, then Ratley Construction would have been the low bidder. Because there was no funding available from the FAA for all of the parts that were bid and because the base contract exceeded the original estimates, Wilbur Smith and Associates recommended the deletion of certain alternate phases and the awarding of the contract on the base bid to include the site improvements to the low bidder, Sigma Construction Company. Mr. Smith further stated that he had attended the Airport Commission meeting at which this recommendation by Wilbur Smith and Associates was unanimously approved. It was his impression that their recommendation to include the site improvements in the base contract was based on the following facts: 1. There may be funds available in two to three years for the alternate project. 2. To go ahead and have the site improvement included in this contract would be less costly to do now than later on in separate contracts. 3. To change the site improvement plans now would necessitate a change in the drainage plan which would require repermitting, redesigning of the project, and rebidding. Mr. Smith stated that he concurred with the recommendation of the Airport Commission because of the savings of City monies. Mr. Joe Rogers addressed the Council regarding his company's recommendation. He stated the overall savings for the contract would be approximately $40,000 which would result in a savings to the City of about $2,000. Councilmember Cheek inquired as to whether the bid packet specified that the bid item was separate and distinct. The Council was informed that the bid tabulation reflected that this was in fact the way the bid process was done. A copy of the bid tabulation is attached to these minutes. Councilmember Evans moved to award the contract to the low bidders, seconded by Councilmember Ross and carried 7 to 1 with Councilmember Bolton voting against. The bids awarded were as follows: CONTRACTOR WORK DESCRIPTION BID AMOUNT Sigma Construction Company General Construction $1,058,456 L.J.`s Electric Company Electrical 153,404 T. R. Driscoll, Inc. Heating & Air Conditioning 51,726 Town & County Plumbing Plumbing 58,000 Contraves U.S.A. Propane Systems 1,878,000 Total Construction Award Amount $3,199,586 9. Consideration of conveyance of properties in the Wilmington Road Neighborhood Development Program to Habitat for Humanity. This item was presented by Mr. Cogswell, City Attorney. He stated that after discussing this matter with the Institute of Government, it was his opinion that the City can convey to the Habitat for Humanity, Inc., for $1 the property from the Wilmington Road redevelopment area. Mr. Cogswell further recommended that the deed contain a recital that the property is conveyed to Habitat for Humanity, Inc., a nonprofit corporation, solely for the purposes set forth in their charter and if the property should ever cease to be used for the same, it shall revert to the City of Fayetteville. Councilmember Kendrick moved to approve the aforementioned conveyance of properties, seconded by Councilmember Ross and carried unanimously 8 to 0. Mr. Cogswell stated for the record that his church is building one of these houses and that he is involved. Mr. Smith announced that Mr. Brown is on the board for Habitat. 10. Consideration of award of contract for commercial garbage collection. Mr. Smith presented this item. He stated this contract was prepared pursuant to the Council's vote to accept an option of an exclusive one-year contract with ARS for commercial garbage collection services beginning July 1, 1992. Councilmenber Ross moved to approve the award for commercial garbage collection, seconded by Mayor Pro-Tem Evans, carried by a vote of 6 to 2 with Councilmembers McBryde and Cheek voting against. 11. Consideration of adoption of ordinance amending Chapter 20 of the Fayetteville City Code implementing maximum truck weight limits for City streets. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ENACTING A NEW SCHEDULE NO. 5, LIGHT TRUCK TRAFFIC, SECTION 20-106 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1992-008. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING ARTICLES VI, TRUCK ROUTES OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1992-009. Councilmember Kendrick moved to adopt the foregoing ordinances, seconded by Councilmember Bolton, carried unanimously 8 to 0. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book S1992. 12. Consideration of request for local bill authorizing enforcement authority in City-owned parking lots. This item was presented by Robert C. Cogswell, City Attorney. The bill is as follows: GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1991 HOUSE DRH3287-LK344(6.9) Short Title: Fayetteville Parking Regulation (Local) Sponsors: Representative Hurley Referred to: A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR ENFORCEMENT FOR PARKING VIOLATIONS ON PUBLICLY OWNED PARKING LOTS IN FAYETTEVILLE. The General Assembly of North Carolina enacts: Section 1. G.S. 160A-301(d) reads as rewritten: "(d) The governing body of any city may, by ordinance, regulate the stopping, standing, or parking of vehicles in specified areas of any parking areas or driveways of a hospital, shopping center, apartment house, condominium complex, commercial office complex, or government office complex, or any other publicly or privately owned public vehicular area as defined in G.S. 20-4.01(32), or prohibit such stopping, standing, or parking during any specified hours, provided the owner or person in general charge of the operation and control of that area requests in writing that such an ordinance be adopted. The owner of a vehicle parked in violation of any ordinance adopted pursuant to this subsection shall be deemed to have appointed any appropriate law-enforcement officer as his agent for the purpose of arranging for the transportation and safe storage of such vehicle." Sec. 2. This act applies to the City of Fayetteville only. Sec. 3. This act is effective upon ratification. Councilmember Ross moved to approve the aforementioned bill, seconded by Councilmember Cheek and carried unanimously 8 to 0. 13. Appointments: A. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. Councilmember Kendrick nominated Jon McCants to replace Jane Cherry on the Board of Appeals on Dwellings and Buildings. This appointment will be voted on at the June 1, 1992, City Council meeting. 14. Administrative Reports: A. Statement of taxes collected for the month of April 1992 from the Cumberland County Tax Collector in the amount of $119,387.50. Councilmember Kendrick moved that the Council go into executive session for the purpose of the litigation, seconded by Councilmember Torrey and carried unanimously 8 to 0. The Council went into executive session at 9:25 p.m., returning to Council Chambers at 9:30 p.m. declaring the executive session closed. Mayor Dawkins reported the Council had discussed the issue of appealing the G&T Investment court decision. A motion not to appeal the decision was made by Councilmember Bolton, seconded by Mayor Pro-Tem Evans and carried unanimously. B. Update on applications for drug funds to implement Mayor's Drug Task Force report. There being no further business, the meeting was adjourned at 9:35 p.m. upon motion by Councilmember Kendrick and seconded by Councilmember McBryde. Report was submitted in packet. Approved July 6, 1992 Please Note: To view the bid tabulation for the Firefighting Training Center, please see Book Y, page 141 of the City of Fayetteville Meeting Minutes. REGULAR MEETING MINUTES MONDAY, JUNE 1, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, JUNE 1, 1992 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Ida Ross (District 2) and Joseph Pillow (District 3) - excused 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 Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, Traffic Services Director Robert Barefoot, Parks & Recreation Director Tim Wood, PWC Manager Kai D. Nelson, Finance Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Gary Strickland, Mt. Carmel Pentecostal Holiness Church, followed by the Mayor leading the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented service pins to the City Council members who have served at least five years. The pins were presented in recognition of their service to the City of Fayetteville and its citizens. The Councilmembers were awarded service pins as follows: Councilmember Thelbert Torrey 5 years Councilmember Mark Kendrick 5 years Councilmember Tommy Bolton 5 years Councilmember Joseph Pillow 5 years (absent) Councilmember Ida Ross 5 years (absent) Councilmember Milo McBryde 10 years (13 years total service) Councilmember Mildred Evans 10 years (14 years total service) Mayor Dawkins' wife, Mary Anne, presented him with a 15-year pin. The Mayor's son John, daughter Dawn, and her husband Jim Cason were present for the presentation. 1. Approval of Agenda City Manager John Smith addressed the Council regarding funds of $116,000.00 which the City had to pay to the federal government treasury. These federal arbitrage rebates were mandated in the 1986 tax reform package. The refunds consist of interest earned on revenue bonds in excess of the interest paid on the bonds by the City. (Ex: City pays 6% - earns 8% on investments - Federal Treasury gets 2% excess.) Mr. Smith stated in 1991 the U.S. Treasury received over $90 million from municipalities across the country. Mr. Smith asked to add Item 2.0, the Minutes of the May 4, 1992, City Council Meeting, to the Agenda for approval. Mayor Dawkins announced Mr. Cogswell will be the legal representative for Glenn F. Odom in the request in Item 2.N. Councilmember McBryde moved to approve the agenda, seconded by Councilmember Bolton, carried unanimously 7 to 0. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Kendrick asked that Item 2D be pulled. Councilmember Bolton moved to approve the consent agenda exclusive of Item 2D, seconded by Mayor Pro-Tem Evans, carried unanimously 7 to 0. Councilmember Kendrick asked what benefits the City receives from transferring the maintenance of streets from the North Carolina Department of Transportation in Item 2D. Mr. Smith stated that the streets would become a part of the City system and their mileage would count toward funds received from Powell Bills. Councilmember Kendrick moved to approve the transfer, seconded by Mayor Pro-Tem Evans, carried unanimously 7 to 0. The following items were unanimously approved. A. Approve minutes of information meeting of March 23, 1992. B. Approve tax refunds over $100. Taxpayer's Nature of Property Name Clerical Error Description Amount David Pere Correct tax district Personal only $246.05 to Westarea C. Approve request for fireworks display on June 6, 1992, from the Fayetteville Generals. D. Approve proposed transfer of State (N.C. DOT) maintained roads to the City, effective July 1, 1992. CITY OF FAYETTEVILLE, NORTH CAROLINA RESOLUTION AUTHORIZING THE ACCEPTANCE OF STREETS. RESOLUTION NO, R1992-067. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. E. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, of the City of Fayetteville Code of Ordinance for stop intersections on Sandystone Circle and Amberhill Court. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1992-028. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1992. F. Adopt Capital Project Ordinance Closeouts 92-9, 92-10, 92-11, 92-12, 92-13, 92-14, 92-15, 92-16 and 92-17. CPOC 92-9 The South East Fayetteville Gravity Drainage project has been completed. The purpose of the project was to replace a pumping station on Eastern Boulevard with a gravity drainage system to improve overall drainage capacity in the area. CPOC 92-10 This project authorized the procurement of a Safety Training Advancement Robot (STAR). The robot is taken to area schools where it is used to promote safety awareness. CPOC 92-11 The period of performance for the FY 1991 Juvenile Restitution Program has expired. The program was approved by Council on February 4, 1991. The purpose of the program was to provide a sentencing alternative which holds the offender accountable for their actions and encourages then to avoid further criminal involvement. This program was renewed for FY 1992. CPOC 92-12 Airport Improvement Project No. 09 has been completed. The project was authorized for air carrier apron paving and lighting, construct internal airport access road and to construct parking lots at the Fayetteville Regional Airport. CPOC 92-13, 92-14 and 92-15 Three Transit planning grants (NC90.2054, NC90.2073 and NC90.2073) have been completed. The purpose of these grants was to support annual and ongoing transportation planning activities mutually contracted between the City and the County. CPOC 92-16 Transit Capital grant NC05.0040 has been completed. The purpose of the grant was to purchase major capital maintenance items, purchase shop equipment, purchase of support vehicles, purchase computer hardware and software, purchase miscellaneous equipment and project administration. CPOC 92-17 The Pedestrian Linkages project has been completed. The purpose of the project was to design and construct pedestrian linkages from off-street parking areas to the Hay Street Transit Mall. G. Adopt an ordinance amending Demolition Ordinance NS1992-023. AN ORDINANCE AMENDING ORDINANCE NO. NS1992-023 OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. NS1992-029. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1992. H. Set public hearing for June 15, 1992, for public input on Recommended Budget for FY 1992-1993. I. Award contract for furnishing and installing prefabricated metal control building for Waters Edge Substation to Ellis-Walker Builders, Inc., low bidder, in the amount of $98,527.00. (PWC) Bids received were as follows: *Ellis-Walker Builders, Inc. $ 98,527.00 Bowness Construction $101,222.00 Cape Fear $109,695.00 J. Award contract for furnishing and installing prefabricated metal control building for Reilly Road Switching Station to Ellis-Walker Builders, Inc., low bidder in the amount of $60,454.00. (PWC) Bids received were as follows: Ellis-Walker Builders, Inc. $60,454.00 Bowness Construction $63,476.00 Cape Fear $69,302.00 K. Award contract for the construction of the Reilly Road 230kV Switching Station to Stackhouse, Inc., low bidder, in the amount of $61,069.19. (PWC) Bids received were as follows: *Stackhouse, Inc. $61,069.19 New River $65,466.00 Aubrey Silvey $65,620.00 C.W. Wright $66,466.00 Weeks Construction $69,574.00 Harrison-Wright $72,646.00 Eastern Utility $80,115.00 L. Award contract for the construction of the Waters Edge 230-66kV Substation to Eastern Utility, low bidder, in the amount of $244,110.00. (PWC) Bids received were as follows: *Eastern Utility $244,110.00 Aubrey Silvey $273,295.00 Stackhouse, Inc. $279,556.62 New River $283,596.00 C.W. Wright $291,824.00 Weeks Construction $298,699.00 Harrison-Wright $324,750.05 M. Award contract for the purchase of Hydraulic Fusion Machine to Fife Pipe Company, low bidder, in the amount of $30,395.50. (PWC) Bids received were as follows: *Fife Pipe Company $30,395.50 Consolidated Pipe $31,852.00 N. Approve request for legal representation by Glenn E. Odom. Mr. Robert C. Cogswell, Jr., City Attorney, will be the legal representative for Mr. Odom. O. Approve minutes of May 4, 1992, meeting. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for the public hearings an nonpublic hearings. A. Consideration of adoption of resolution confirming assessment roll and levying assessments for street paving. City Attorney Robert C. Cogswell explained the payment process and early-pay discount for the assessments. This is the advertised public hearing for this dateand hour. Mr. Cogswell certified that notices have been sent first-class mail to the owners of the property shown on the preliminary assessment rolls. 1. Coronado parkway (from Owen Drive to Eldorado Road). The public hearing opened at 7:19 p.m. There was no one to speak in favor of this item. Isadora Coachman, 2527 Coronado Parkway, spoke in opposition to the assessment. She stated the pavement is not as thick as before and that most citizens in this area are senior citizens who cannot afford the excessive charges being made against their property. Lilly H. Bethea, 2525 Coronado Parkway, asked for clarification as to the payment of the assessment against her property. Amelia Melvin, 2540 Coronado Parkway, asked about the curbing of the street and the payment plan. The annual installment plan was explained. There being no one else to speak, the public hearing was closed at 7:28 p.m. Councilmember Kendrick asked the City staff to check to see if the petition on Coronado Parkway came in before the assessment fees went up from $4.00 to $10.00. Councilmember Bolton moved to table this item until the determination of the date of the petition could be made, seconded by Councilmember Robertson, carried unanimously 7 to 0. 2. Mawood Avenue (from Old Gate Road to Old Gate Road) The public hearing opened at 7:30 p.m. There was no one to speak in favor of this item. Mr. Roy Kerr, 5208 Mawood Avenue, spoke in opposition. He asked for clarification as to what the assessment was for. Mr. Mike Walker, City Engineer, stated that the assessment was for curbing, gutter, storm drains, or actually the entire roadway. Mr. Walker explained the overall cost of the project to the City and the method of assessing each property owner for the footage of their lot. A discussion ensued regarding the delay of the project by the contractor and the penalty imposed by the City. Mr. Kerr asked the City to consider the dollar effects that these assessments have on the residents. Mr. D.H. Waters, 5245 Mawood Avenue, addressed the Council regarding the inconvenience of having the street project delayed. He felt that the property owner should receive the benefit directly for the penalty assessed against the contractor. He did not feel that his property had been benefited by this project. Mr. Waters stated he did not feel he should have to pay for concrete he already had. Councilmember Cheek asked the staff to explain at the end of the public hearing why the street was rebuilt and how the assessment on Old Gate would be handled. Mr. Earle Money, 5202 Hawood Avenue, spoke next. He wanted to know why Mawood received the concrete curbing and none of the other streets in the surrounding area have the same type curbing. Mayor Dawkins asked the staff to let the Council know about the City's curbing process. Mr. Wilton King, 5218 Mawood Avenue, complained about the dust and mud. He stated he had been told his street would be strip paved and that was not what had happened. He also stated his deed shows 221 foot frontage and he's being billed for 227 feet. Lieselotte Hunt also addressed the Council regarding her dissatisfaction of the current state of her yard. The public hearing was closed at 7:59 p.m. Councilmember Cheek moved that the damages which were collected from the contractor be deducted from the assessments of the property owners rather than from the whole project. No second was made. Mayor Dawkins asked for clarification from Mr. Cogswell. Mr. Cogswell stated that this would run against the City Council's policy which states $10 a square foot for paving. This action would have the effect of reducing the assessment rate from $10.00 a foot. Mr. Cogswell asked that a continuation be granted for staff review of the situation. He would prefer to adjust the roll on a per lot basis. Mayor Pro-Tem Evans asked the staff to prorate the assessments due to the delay in the performance of the contract. She made a substitute motion that this item be continued to June 15, 1992, seconded by Councilmember McBryde and carried unanimously 7 to 0. Mayor Dawkins asked that a report be given to the Council answering the questions raised about the curbing and street construction on Mawood and the surrounding area. He felt that everyone should definitely be treated equally and an answer needed to be found. Mr. Cogswell asked the Coronado Parkway item be readdressed. He stated that Council's policy on $10.00 a foot was adopted on September 21, 1987, to be effective January 1, 1988. Mr. Cogswell explained that any petition received prior to December 31, 1987, would be assessed at $4.00 per linear foot for each side of the street. The Coronado Parkway petition was dated April 12, 1990, with a cover memo dated May 29, 1991. It was received some time in 1990 or 1991. Mr. Cogswell expressed his opinion was the $10.00 a foot fee would apply on this assessment roll. RESOLUTION CONFIRMING ASSESSMENT ROLE AND LEVYING ASSESSMENTS. RESOLUTION NO. R1992-068. Councilmember Kendrick moved to approve the $10.00 a foot assessment on Coronado Parkway, seconded by Councilmember Bolton, carried unanimously 7 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. B. Consideration of adoption of resolution confirming assessment roll and levying assessments for installation of sanitary sewer collection system into the following areas: (PWC) 1. Calla Circle The public hearing on Calla Circle was opened at 8:11 p.m. There was no one in favor of this item. Michael J. Frederickson addressed the Council and expressed his opposition to the assessment. Mr. Cogswell explained that North Carolina general statute requires that the assessments be based on the same charge per foot for each property owner on a street. There being no one further to speak, the public hearing was closed at 8:16 p.m. Councilmember Cheek asked if all of Mr. Frederickson's questions had been answered. Mr. Tim Wood, Manager of PWC, explained that no taxes are used in water or sanitary sewer projects by PWC. The projects are paid from revenues received by PWC from charges for services provided. Charges are made for monies expended for services being provided each home. Councilmember Evans moved to approve the resolution on Calla Circle, seconded by Councilmember Bolton, carried unanimously 7 to 0 at 8:17 p.m. 2. Creed Street The public hearing on Creed Street was opened at 8:19 p.m. There being no one to speak in favor or opposition, the public hearing was closed at 8:19 p.m. Councilmember Robertson moved to adopt the resolution on Creed Street, seconded by Councilmember Cheek, carried unanimously 7 to 0 at 8:20 p.m. 3. Bragg Boulevard No one being present to speak in favor or opposition, the public hearing on Bragg Boulevard was opened and closed at 8:20 p.m. Mr. Tim Wood, PWC Manager, asked the Council to reconsider this order of assessment and strike the order levying the assessment on Bragg Boulevard. Mayor Pro-Tem Evans moved to strike this assessment, seconded by Councilmember McBryde, carried unanimously 7 to 0. 4. Vivian Drive No one being present to speak in favor or opposition, the public hearing on Vivian Drive was opened and closed at 8:21 p.m. Councilmember Robertson moved to adopt the resolution on Vivian Drive, seconded by Councilmember Bolton, carried unanimously 7 to 0 at 8:22 p.m. 5. Woodhaven Drive No one being present to speak in favor or opposition, the public hearing on Woodhaven Drive was opened and closed at 8:23 p.m. Councilmember Robertson moved to adopt the resolution on Woodhaven Drive, seconded by Councilmember Cheek, carried unanimously 7 to 0 at 8:24 p.m. 6. Arbutus Trail No one being present to speak in favor or opposition, the public hearing on Arbutus Trail was opened and closed at 8:25 p.m. Mayor Pro-Tem Evans moved to adopt the resolution on Arbutus Trail, seconded by Councilmenber Robertson, carried unanimously 7 to 0 at 8:26 p.m. 7. Kinlaw Road No one being present to speak in favor or opposition, the public hearing on Kinlaw Road was opened and closed at 8:27 p.m. Councilmember Robertson moved to adopt the resolution on Kinlaw Road, seconded by Mayor Pro-Tem Evans, carried unanimously 7 to 0 at 8:32 p.m. 8. US 401 North The public hearing on US 401 North was opened at 8:33 p.m. No one was present to speak in favor. John Keefe, 5833 Woodhouse Circle, addressed the Council and stated his opposition to this assessment. He stated he believed it was unfair to charge City residents for sewer that should be paid for by City taxes. He also stated he wished to protest PIN No. 0530-12-75-7770 Sewer Assessment. He was protesting this because he already had City water and sewer on this property for which he had paid. Mr. Henry Powers of PWC addressed the Council. He stated that PIN No. 053-12-75-7770 was not where the sewer was located. He stated a different tract of land is involved. The public hearing closed at 8:35 p.m. Councilmember Cheek moved to continue this item until the June 15, 1992, meeting, seconded by Councilmember Bolton, carried unanimously 7 to 0. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWAGE COLLECTION SYSTEM. RESOLUTION NO. R1992-069. The foregoing resolution was approved as stated above on Calla Circle, Creed Street, Vivian Drive, Woodhaven Circle, Arbutus Trail, and Kinlaw Road. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. C. Consideration of the paving of Inglewood Drive from Cedar Creek Road to Dead End. There being no one present to speak in favor or opposition, the public hearing was opened and closed at 8:43 p.m. Mr. John Smith explained that because of the addition of a cul-de-sac at the end of this street, it no longer qualifies as a petition project. Therefore, it needs to be readvertised as a Council-ordered paving project. Petition projects require over 50 percent of the abutting property owners and over 50 percent of the footage. We still have 50 percent of the property owners but only 49 percent of the footage. Mr. Smith recommended adoption of a new resolution restating the project as a Council-ordered project. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF ENGLEWOOD DRIVE FROM CEDAR CREEK ROAD TO DEAD END. RESOLUTION NO. R1992-070. Councilmember Bolton moved to adopt the foregoing resolution, seconded by Councilmember Kendrick, carried unanimously 7 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. D. Consideration of adoption of an ordinance extending the corporate limits of the City of Fayetteville, North Carolina "Pepperidge Mobile Home Park, 1802 Shaw Road (petition-initiated contiguous area)." Deputy City Manager Roger Stancil introduced this item and stated it was a mobile home park contiguous to the City which had been closed down by the Cumberland County Health Department because of septic tank problems. The current owner is planning to correct the problem and reopen the park. It is a requirement of the Health Department that the park be connected to public sewer. Pursuant to City policy, Mr. Hurt submitted a petition for annexation in order to extend the sewer into his park. Mr. Stancil recommended approval of the annexation. Councilmember Kendrick asked for clarification as to whose inspection standards the mobile home park would have to adhere. Mr. Stancil stated each individual unit would be subject to the standards set by the City of Fayetteville. The public hearing opened at 8:50 p.m. Mr. John Hurt, 2217 Stanton Road, the owner of the property, stated that he was not actually in favor of this annexation. He only requested the annexation because it was required in order for him to extend the sewer onto his property. He has paid PWC for that sewer. He didn't feel the City could help him and he would prefer to follow the County standards. There being no one else to speak in favor or opposition, the public hearing closed at 8:52 p.m. AN ORDINANCE TO EXTEND THE CORPORATE NO LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ANNEXATION ORDINANCE 1992-06-351. Councilmember Kendrick moved to deny the annexation, seconded by Councilmember Robertson. A discussion ensued regarding the City's policy on forced annexation. Mr. Smith recommended adoption of this ordinance. The motion to deny annexation failed by a vote of 4 to 3 with Councilmembers McBryde, Cheek, Evans, and Bolton voting in opposition and Councilmembers Kendrick, Robertson, and Torrey voting in favor. Councilmember McBryde moved to approve the annexation ordinance, seconded by Councilmember Cheek, carried unanimously 7 to 0. 4. PWC Matters: A. Consideration of award of contract for expansion of Rockfish Creek Wastewater Treatment plant, Section III (electrical) to Watson Electric Company. (PWC) Councilmember Kendrick moved to award the contract, seconded by Councilmember Bolton, carried unanimously 7 to 0. B. Consideration of Budget Amendment No. 1 for: 1. Creek Capital Project Fund 2. Revenue Bonds Capital Project Fund 3. 1991-1992 PWC Budget Councilmember McBryde moved that Items 1, 2, and 3 be approved, seconded by Mayor Pro-Tem Evans, carried unanimously 7 to 0. 5. Consideration of request to address City Council from Jennifer Gardner. Ms. Gardner did not appear before Council. No action was taken. 6. Consideration of request to address City Council from Richard Spell, Executive Director, Cumberland County Dispute Resolution Center. Mr. Richard Spell, Executive Director, asked the Council to reconsider their denial of request for five parking spaces in the Donaldson Street parking lot to be used by their employees and staff. Councilmember McBryde requested the City staff to do a study of the use of this parking lot and report back to Council on June 15, 1992, seconded by Councilmember Robertson, carried unanimously 7 to 0. 7. Consideration of sale of property located at 225-227 Hay Street. City Manager John Smith presented this item. He reviewed the offer of purchase by Olde Fayetteville Investments and the damage claim of approximately $26,000.00 made by Mr. Joe McLaughlin and his attorney, Neil Yarborough. Mr. Smith presented a settlement claim which had been received on Saturday in the amount of $22,000.00. Mr. Smith requested a delay of two weeks in order that the settlement offer could be given consideration. At this time Mayor Dawkins announced that on a nonpublic hearing item only three speakers can be allowed to speak. Each person will have three minutes to speak for a total time of 9 minutes. Wayne McGary, Chairperson, Fayetteville Historic Resources Commission; Bill Carey, Executive Director; Olde Fayetteville Association; Dawn Berg, Olde Fayetteville Investments, Inc.; Dr. Menno Penninck, Prince Charles Hotel, addressed the Council and asked for the approval of the sale of this property for the betterment of Downtown Fayetteville. Attorney Neil Yarborough addressed the Council and asked them to protect his client's interests in this matter. Councilmember Bolton moved to delay this item until the June 15 meeting, seconded by Councilmember Kendrick, carried unanimously 7 to 0. 8. Consideration of approval of operating agreement for use of Tokay Recreation Center. Councilmember McBryde moved to approve the agreement, seconded by Councilmember Kendrick, carried unanimously 7 to 0. 9. Consideration of request for release of lease agreement for a portion of Clark Park for Veterans Nursing Hone. Councilmember McBryde moved to authorize the City Manager to execute a release under the lease provisions of Clark Park for up to 12 acres located north of the Norfolk and Southern tracks for the purpose of the construction of a veterans hone subject to the following conditions: 1. City of Fayetteville Parks & Recreation Department be granted input during the design process and be granted site plan review and approval throughout the project. 2. Access to the project not conflict with the current Clark Park access at Sherman Drive. Motion was seconded by Councilmember Kendrick, carried unanimously 7 to 0. 10. Consideration of proposed railroad crossing improvement projects. City Manager John Smith presented this item and recommended the approval of the agreement for the Franklin and Winslow Streets crossing. Councilmember Bolton moved to approve the agreement, seconded by Councilmember Kendrick, carried unanimously 7 to 0. A COPY OF THIS AGREEMENT IS ATTACHED AS EXHIBIT A AND INCORPORATED FULLY AS A PART OF THESE MINUTES. Councilmember Kendrick asked when Cheselka Street railroad crossing would be done by the North Carolina Department of Transportation. Mr. Louis Chalmers reported that it would be three to five years before NCDOT will get to this project. He stated that the City could contract to do the project at a cost of approximately $75,000.00. Councilmember Cheek moved that we approach the Department of Transportation through our board representatives and other channels and express the urgency for these lights and ask that there be reconsideration of the priority of this crossing by the State Department of Transportation, seconded by Councilmenber Robertson, carried unanimously 7 to 0. 11. Presentation of Revenue Budget for Fiscal Year 92-93. John Smith, City Manager, presented the 1992-93 Proposed Budget. Budget workshops were set for June 8 and June 10 at 7:00 p.m. in the First Floor Multipurpose Room, City Hall. 12. Appointments. A. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. Councilmember Kendrick moved to elect Jon McCants, seconded by Councilmember Bolton, carried unanimously 7 to 0. B. Nominations to fill three vacancies on the Airport Commission. Councilmember Kendrick nominated Dr. Dudley Miller for a second term. Mayor Pro-Tem Evans nominated Leonard Hedgepath for a first term. Councilmember Torrey nominated Monroe Evans and Ted Kenney. Councilmember Cheek nominated Delores Vacquez for a first term. Councilmember Bolton nominated Bob Norman for a first term. Councilmember Cheek requested the staff do a feasibility study as to the placement of a travel agency business person on the Commission in either an official capacity or an ex-officio capacity. C. Nominations to fill one vacancy on Public Works Commission. Councilmember Kendrick nominated Lyndo Tippett to serve another four-year term. D. Nominations to fill one vacancy on Public Works Commission Retirement Board. There were no nominations to fill this vacancy. E. Nominations to fill one vacancy on Joint Planning Board. Councilmember Kendrick nominated Sue Bandy to fill the one vacancy on this board. 13. Administrative Reports: A. Tax refunds of less than $100.00 The following tax refunds of less than $100 were approved for the month of April, 1992: Please Note: To view the tax refund table, please see Book Y, page 151 of the City of Fayetteville Meeting Minutes. B. Report on concerns expressed by Nix Road residents. This report was submitted in the agenda packet. There being no further business, the meeting was adjourned at 9:40 p.m. by motion of Councilmember Bolton, seconded by Councilmember McBryde, carried unanimously 7 to 0. Attachments NORTH CAROLINA CUMBERLAND COUNTY THIS AGREEMENT, made and entered into this the _______ day of _________________, 19__, by and between the Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the Department, and the CITY OF FAYETTEVILLE, a municipal corporation, hereinafter referred to as the Municipality; WITNESSETH THAT: WHEREAS, the Federal Highway Administration is authorized and directed by the provisions of Section 401 of Chapter 23 of the United States Code to assist and cooperate with State and local governments to increase highway safety; and WHEREAS, the "Surface Transportation And Uniform Relocation Assistance Act of 1987" provides funds for correcting safety hazards not on the Federal-Aid System as selected or designated by the State and subject to the approval of the U.S. Secretary of Transportation; and WHEREAS, certain railroad-highway grade crossings on the Municipal Street System of the Municipality as indicated on the attached Exhibit "A" and incorporated herein, have been selected for participation in the "Surface Transportation And Uniform Relocation Assistance Act of 1987" In accordance with Federal-Aid standards and requirements; and WHEREAS, 23 USC 405(f) provides that in any state wherein the state is without legal authority to construct or maintain a project under this system, such state shall enter into a formal agreement for such construction or maintenance with the appropriate local officials of the municipality in which such a project is located; and WHEREAS, the Department of Transportation is authorized by the provisions of G.S. 136-18(12) to carry out the provisions of Federal-Aid highway acts for improvement projects on streets on the Municipal Street System; and WHEREAS, the Department of Transportation and the Municipality are authorized to enter into agreements for the performance of such work on the Municipal Street System by the provisions of G.S. 136-18(12), G.S. 136-41.3, and G.S. 136-66.1; and APPROVED AS TO FORM DEPARTMENT OF TRANSPORTATION BY:__________________________ BY:__________________________ Assistant Attorney General State Highway Administrator BUDGET WORKSHOP MONDAY, JUNE 8, 1992 FAYETTEVILLE CITY COUNCIL BUDGET WORKSHOP CITY HALL MULTIPURPOSE ROOM 433 HAY STREET MONDAY, JUNE 8, 1992 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Nat Robertson, Tommy Bolton, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Absent: Councilmembers Ida Ross and Joseph Pillow Others Present: Incoming Councilmembers Robert Massey and Breeden Blackwell John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. Brown, Jr., Assistant City Manager for Administration and Finance Kai Nelson, Finance Director Mayor Dawkins called the meeting to order. He recognized City Manager John Smith who presented highlights of both the recommended budget and the proposed budget from the Public Works Commission. Councilmember McBryde suggested that the Council look closely at the Public Works Commission budget and also investigate the feasibility of operating a cablevision system. Mayor Pro-Tem Evans indicated there was little to change in the recommended budget and that the important issue was the tax rate. Councilmember Cheek suggested that the City Manager look at ways to provide a cost-of-living increase to employees within a 56-cent tax rate. Upon motion by Councilmember McBryde, seconded by Councilmember Robertson, Council voted unanimously to recess until Wednesday, June 10, at 7:00 p.m. in the Multi-purpose Room of City Hall. BUDGET SESSION WEDNESDAY, JUNE 10, 1992 FAYETTEVILLE CITY COUNCIL BUDGET SESSION CITY HALL MULTIPURPOSE ROOM 433 HAY STREET WEDNESDAY, JUNE 10, 1992 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde, Nat Robertson, Tommy Bolton, Ida Ross, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Absent: Councilmembers Mildred Evans and Joseph Pillow Others Present: Incoming Councilmember Robert Massey 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 Kai Nelson, Finance Director Mayor Dawkins called the meeting to order. He recognized City Manager John Smith who discussed capital items which could be deleted from the recommended budget in order to find a cost-of-living increase for City employees. He recommended that these deleted items be considered along with PWC capital requests after the beginning of the fiscal year. Mr. Smith's proposal was a three (3) percent cost-of-living increase for all employees with one (1) year service. Starting rates in the pay plan will remain where they are. He suggested that Council consider adding the adoption of the budget to the next Council meeting agenda. Upon motion by Councilmember McBryde, seconded by Councilmember Bolton, Council voted unanimously to meet with PWC no earlier than mid-July to discuss the City's capital needs. Councilmember McBryde stated this was a good budget and a good process. Upon motion by Councilmember McBryde, seconded by Councilmember Cheek, Council voted unanimously to adjourn at 7:50 p.m. REGULAR MEETING MINUTES MONDAY, JUNE 15, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 33 HAY STREET MONDAY, JUNE 15, 1992 7:00 P.M. PRESENT: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Rose (District 2); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) ABSENT: Joseph Pillow (District 3) - excused 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 Jason Brady, Public Information Officer Al Mitchell, Assistant City/County 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 Fire Chief Duke J. Piner gave the Invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Councilmember Bolton moved to excuse Councilmember Pillow, seconded by Councilmember Ross and carried unanimously 8 to 0. RECOGNITION: Mayor Dawkins presented Councilmember Ross with her five year service pin. 1. Approval of Agenda John Smith, City Manager, addressed the Council and asked that Item 16, cancellation of the information meeting, be added at the end of the agenda. He stated that Mr. Cogswell has called for an executive session to discuss litigation as part of Item 8. Councilmember McBryde moved to approve the agenda with the changes, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 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 Kendrick and carried unanimously 8 to 0. A. Set public hearing for July 20, 1992, to consider the rezoning from R10 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located at 3000 Lake Club Drive. (P92-55) B. Approve 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 Legend Avenue, east of Skibo Road. (P92-47) C. Adopt Special Revenue Project Ordinances 92-4 and 92-5 and Budget Ordinance Amendment 92-12. The following is a synopsis of each action: SRPO 92-4 The Parks and Recreation Department has been awarded an Urban Park and Recreation Recovery (UPARR) grant in the amount of $100,000 from the U.S. Department of the Interior. The grant agreement requires the City to provide a local match of $42,857 resulting in a total project appropriation of $142,857. The program is designed to provide stimulating fitness, cultural and preventative substance abuse/crime programs for impaired and at-risk youth ages 8-14. The grant expires September 30, 1993. SRPO 92-5 The Police Department has awarded a State and Local Narcotics Control grant in the amount of $82,701 from the NC Department of Crime Control & Public Safety. The grant agreement requires the City to provide a local match of $27,567 resulting in a total project appropriation of $110,268. The program is designed to provide a systematic approach to drug prevention and other criminal problems in neighborhoods. The grant expires June 30, 1993. BOA 92-12 This action appropriates local matches totaling $70,424 as required by the grant agreements of the previously mentioned UPARR and the State and Local Narcotics Control grants. D. Approve renewal of contract for professional audit services for Fiscal Year ending June 30, 1992, for a fee of $61,425. E. Approve request for fireworks display on July 4, 1992, from the Fayetteville Generals. F. Set public hearing for July 20, 1992, to consider a Collector Street Plan for the City of Fayetteville. 3. Public Hearings: Mayor Dawkins stated the policy on the time limit for the public hearing speakers as well as non-public hearing speakers. He announced that only three minutes would be allotted to each organization speaking during the 1992-93 Budget public hearing. A. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 5323 Morganton Road. (P92 37) Al Mitchell, Assistant City/County Planning Director, presented this item. He informed the Council that the Planning Board recommended the denial of the petition to rezone. Councilmember Bolton inquired as to why the recommendation was to deny. Mr. Mitchell stated the Board felt it would promote strip development down Morganton Road. The public hearing opened at 7:17 p.m. Mr. Robert A. Lackey, 5322 Morganton Road, and Mr. Roland Harris, Jr., an employee of Bill Maxwell Realty, addressed the Council and expressed their support for the rezoning. Mr. Bill Maxwell asked to be heard after the opposition had appeared. Mr. Wilton E. King, 5218 Mawood Street, James H. Kinne, 5414 Tarheel Drive, Tony Noble, 111 Hearthstone Drive, and Charles Astrike, 5407 Tarheel Drive, stated their opposition to the rezoning. Mr. King had signatures of 196 residents of the area who were expressing their opposition also. Mr. Noble asked the Council to follow the advice of the Planning staff. Mr. Bill Maxwell declined to address the Council at this time. There being no one further to speak, the public hearing closed at 7:40 p.m. Mayor Pro-Tem Evans moved to deny the C1 rezoning, seconded by Councilmenber Cheek and carried unanimously 8 to 0. Councilmember Cheek asked Mr. Smith to have the Police Department review the speed limit enforcement situation on Morganton Road in this area. B. Consideration of an application by Barden Lanier for the Rosemyer Corporation for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-30, Item (14) to allow mini-warehousing in a C3 Heavy Commercial District for an area located on the north side of Bragg Boulevard, west of Carol Street. (P92-39) Mr. Al Mitchell presented this Special Use Permit request and recommended its approval. He reminded the Council that the motion must include the findings as set out in Section 32-20 of the Fayetteville City Code. Councilmember Cheek asked Mr. Mitchell to address the buffering issue. Mr. Mitchell stated the 6 foot solid fencing requirement would have to be met as a buffer to the residential area. The public hearing opened at 7:48 p.m. Mr. Barden Lanier, P.O. Box 1237, Jacksonville, NC, addressed the Council and asked that the Special Use Permit be issued. There being no one present in opposition, the public hearing closed at 7:50 p.m. Councilmember Cheek moved to approve the Special Use Permit with the following findings of fact and conditions: (a) The proposed activity is free of objectionable 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 face containing the site are not disrupted by the proposed use; (d) The proposed use complies with the applicable fire code; and (e) A solid 6 foot fence be erected along the residential line as a buffer. The motion was seconded by Councilmember McBryde and carried unanimously 8 to 0. C. Consideration of adoption of resolution confirming assessment roll and levying assessments for installation of Sanitary Sewer Collection System into the following areas: (PWC) 1. Ruritan Drive There being no one present to speak in favor or opposition, the public hearing opened and closed at 7:51 p.m. 2. Jarvis Street The public hearing was opened at 7:52 p.m. No one appeared in favor. Mr. Thomas J. Gravley, 107 Ruritan Drive, appeared in opposition. He stated his objection to the charge of $12.00 per foot and the amount of square footage for which he was being assessed. Mr. Henry Powers of PWC stated that the cost per foot for this project was $44.47 with PWC paying 73 percent and the residents paying 27 percent. Mr. Powers stated the contracts and bids are available for public inspection at any time. The public hearing was closed at 7:55 p.m. 3. Tarheel Drive The public hearing was opened at 7:56 p.m. There was no one present to speak in favor. Mr. James H. Kinne, 5414 Tarheel Drive, appeared in opposition. Mr. Kinne asked for information regarding the hookup of his property to the sewer line that was placed in the street in front of his home. Mr. Henry Powers of PWC explained that an application must be made to PWC to hook up to the line. At the time of application, a fee of $280.00 (through June 30, 1992) or $420.00 (after July 1, 1992) must be paid. PWC will then provide hookup to the owner's property line with the owner being responsible for the completion of the connection to his private system. Mr. Kinne expressed his dissatisfaction with the multiple charges involved. There being no one further to speak, the public hearing closed at 7:59 p.m. Councilmember Robertson asked if PWC had notified the public of the changes in the charges being made that were effective July 1, 1992. Mr. Powers said no notice had been sent. 4. Nix Road The public hearing opened at 8:00 p.m. There was no one present to speak in favor. Mr. Herbert A. McCaskey, 4617 Nix Road, addressed the Council in opposition. He expressed his concern regarding the bond procedures used by the City. Mayor Dawkins explained that the bonds in question were revenue bonds and were not paid back from taxes paid by the citizens of Fayetteville, but rather were paid out of revenues received from PWC customers. Mr. McCaskey raised questions about the cost of the project. Mayor Dawkins referred him to Mr. Powers of PWC and asked that the two of them get together and go over the bids on this project. Mr. Benjamin C. Weldon declined to speak at this time. There being mo one further to speak, the public hearing was closed at 8:13 p.m. 6. Bellflower Street The public hearing on Bellflower Street was opened and closed at 8:14 p.m. Mr. Charlie J. Stokes, 5589 Bellflower Street, declined to speak after having signed up. There was no one further to speak in favor or opposition. 7. Bedell Place The public hearing opened at 8:15 p.m. There was no one present to speak in favor. Mr. Rick Ballard, 205 Bedell place, spoke in opposition to the assessment. He presented a City certified document which stated that both sanitation and a storm drain had been installed on his property. He stated in fact that no storm drain had ever been installed on his property. Mr. Ballard further stated that he talked with the Engineering Department and they had verified the lack of a storm drain and advised him to present this information to the Council. Mr. Ballard requested that the Council have a storm drain installed on his property. He also requested that someone look at the condition of the paving on his street. He stated that the paving on Bedell Place had been perforated and patched seven times in five years and he would like to see it restored to a decent condition. Mr. Ballard also expressed his dissatisfaction with the linear footage method of assessment charges. He stated this method created inequities to the taxpayers; and in other communities in which he had lived, assessments were based on anticipated use. It was his opinion that each citizen should be treated in a like manner and the tax rate should be the same for all persons. It has been his experience that each family uses the services provided equally and he feels they should have to pay for it in the same manner. If this was done, then he felt the citizens would not be as frustrated. Mayor Dawkins commended Mr. Ballard on his presentation. City Manager John Smith stated he would have the storm drain situation checked out and a report would he made at the next Council meeting. The public hearing was closed at 8:21 p.m. Councilmember McBryde asked PWC why the linear footage method was used. Mr. Powers responded that it was the most widely used method but it did have inequities. Councilmember Cheek requested that each street be heard and voted on separately. She asked Mr. Smith if the two streets, which had been assessed without petitions, were Tarheel Drive and Nix Road. Mr. Smith answered in the affirmative. Councilmember Cheek then stated that after hearing the anguish of the citizens in the newly-annexed areas, she did not feel it was fair to assess them for both water and sewer and paving and that it was her intention to ask that Tarheel Drive and Nix Road not be assessed for water and sewer. Mayor Dawkins called for the vote on the following streets: 1. Ruritan Drive RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-071. Councilmenber McBryde moved to approve the foregoing resolution, seconded by Councilmember Bolton and carried 7 to 1 with Councilmenber Torrey voting against (confirmed at 8:24 p.m.). 2. Jarvis Street RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-072. Councilmember McBryde moved to approve the foregoing resolution, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Torrey voting against (confirmed at 8:25 p.m.). 3. Tarheel Drive RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-073. Councilmenber Cheek moved not to assess the residents of Tarheel Drive for sanitary sewer, seconded by Councilmember Robertson and motion defeated by a vote of 3 for and 5 against with Councilmembers Evans, Torrey, Bolton, McBryde, and Kendrick voting against. Mayor Pro-Tem Evans moved to assess Tarheel Drive, seconded by Councilmember Kendrick and carried by a vote of 5 to 3 with Councilmembers Ross, Cheek, and Robertson voting against (confirmed at 8:28 p.m.). Mayor Dawkins raised the question as to whether this would require a second vote with Mr. Cogswell. Mr. Cogswell stated that if there were a problem, these items would be brought up at the next City Council meeting. 4. Nix Road RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-074. Councilmember Cheek moved to not assess the residents of Nix Road, seconded by Councilmember Robertson and motion defeated by a 5 to 3 vote with Councilmembers Evans, Torrey, Bolton, McBryde, and Kendrick voting against. Councilmember McBryde moved to assess Nix Road, seconded by Councilmember Bolton and carried 5 to 3 with Councilmembers Ross, Cheek, and Robertson voting against (confirmed at 8:30 p.m.). There being no one to speak in favor or opposition, the public hearings on Buie Circle, Bellflower Street, Campground Road, and Wintergreen Drive were opened and closed at 8:31 p.m. 5. Bellflower Street RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-075. 6. Bedell Place RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-076. 7. Campground Road and Buie Circle RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-077. 8. Wintergreen Drive RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-078. Councilmember McBryde moved to approve the assessments on Buie Circle, Bellflower Street, Bedell Place, Campground Road, and Wintergreen Drive, seconded by Councilmember Robertson and carried unanimously 8 to 0 (confirmed at 8:32 p.m.). Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1992. A discussion ensued regarding the PWC tap-on fee increase from $280.00 to $420.00. Councilmember Evans moved to request PWC to delay the increase of the tap-on fees which were effective July 1, 1992, for 90 days on a City-wide basis, seconded by Councilmember Bolton. Mayor Pro-Tem Evans stated that she felt strongly the public should be made aware of this increase. Mayor Dawkins stated that he wanted to clarify that this motion was a request only and that PWC has the statutory authority to set these rates and not the City of Fayetteville. Mayor Dawkins then called for a vote. The motion carried 7 to 1 with Councilmember Torrey voting against. D. Consideration of Recommended Budget for fiscal year 1992-93. City Manager John Smith presented the 1992-93 Recommended Budget. Mr. Smith recommended funding for outside agencies remain at the exact same level as appropriated in the 1991-1992 fiscal year budget with no deletions or additions being made as to the agencies receiving funds. The public hearing was opened at 8:55 p.m. and the following representatives of outside agencies were recognized with requests for consideration of contributions from the City to be considered in the budget: Arts Council represented by Tony Rand; Fayetteville Museum of Art represented by Tom Grubb; Orange Street Restoration represented by W. Edward Murphy; Olde Fayetteville Association represented by Bill Carey; Rape Crisis Volunteer of Cumberland County represented by Brownie Smathers; CONTACT represented by Bill Carey; Retired Senior Volunteer Program represented by Ed Anderson; Fayetteville Historic Resources Commission represented by Wayne McGary; Ambassador Refuge Community Center represented by Reverend Mary Montgomery; Fayetteville Area Sentencing Center represented by Horace Thompson; Dispute Resolution Center represented by Richard Spell. There being no one further to be heard on this matter, the public hearing was closed at 9:10 p.m. Councilmember McBryde moved to adopt the budget for the fiscal year 1992-1993 to include a 3 percent pay raise for all full-time, regular and part-time, regular employees with one year or more of service to be effective with the pay period beginning on July 29, 1992; to include a pay raise of 3 percent for the Mayor, members of City Council, City Manager, and City Attorney to be effective with the pay period beginning on July 29, 1992; to include funding to outside agencies at the 1991-1992 fiscal year appropriation level; to set the tax rates for the General Fund operations of City government at $.56 per $100.00 of assessed valuation and the Central Business District tax at 8.5 cents per $100.00 assessed valuation, seconded by Councilmember Bolton. Councilmember Ross inquired about the possibility of funding new outside agencies. Councilmember McBryde stated his motion was to follow Mr. Smith's recommendation and no new agencies would be funded. Mr. Smith explained that this ordinance essentially put into effect the request of City Council that the funds for capital items that were discussed be deleted and moved into salaries. The budget ordinance itself reflects only the PWC operating budget to include the operating capital expenses. The only thing not included is the transfers to the bond projects in the 1992 capital projects. These items will he taken up at a later date by the Council. A discussion followed regarding the funding request of the Ambassador Refuge Community Center. Councilmember Ross asked that funding be found. Councilmember Cheek expressed her belief that the City was helping the homeless through their support of other organizations addressing this problem. Mr. Smith states that he did not recommend funding because there are other established agencies and a task force working in the community on a coordinated basis. He stated that the City does not fund any agency 100 percent and at this time the request of the Ambassador Refuge Community Center was for 100 percent funding. Mayor Dawkins called for the vote on the budget ordinance and it was approved unanimously 8 to 0. Mayor Dawkins expressed his appreciation to the City administration, City employees, City department heads, and City Council for the good work done on this year's budget process. 4. Planning Board Matters A. Consideration of the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 160 North McPherson Church Road. (P92-52) Mr. Al Mitchell presented this item. Mayor Pro-Tem Evans moved to follow the recommendation of the Planning Board to deny C1 Local Business District and to approve C1P Shopping Center District, seconded by Councilmember McBryde and carried unanimously 8 to 0. Councilmember Kendrick inquired about the need for a buffer. Mr. Mitchell stated that if the building is redone, the landscape ordinance will have to be followed. If the existing building is used, no changes will be required. B. Consideration of the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the north side of U.S. 401 Bypass (Pamalee Drive) and the west side of Blanton Road. (P92-57) Mr. Al Mitchell stated that the Planning Board recommendation was to have the first 170 feet, which was parallel to Blanton Road, remain C1 and the rest of the tract rezoned to C3. There was no opposition to this plan from the petitioners. Mayor Pro-Tem Evans moved to approve the Planning Board's recommendation, seconded by Councilmember Ross and carried unanimously 8 to 0. 5. PWC Matters: A. Consideration of adoption to Budget Ordinance Amendment No. 2. Mr. Ray Britt, Comptroller of PWC, presented this item. He stated PWC had had a very good year and then presented the City with a transfer of $1 million. Councilmember Robertson moved to adopt the PWC Budget Ordinance Amendment No. 2, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 6. Consideration of confirming assessment roll and levying assessments for street paving on Mawood Avenue (from Old Gate Road to Old Gate Road). Councilmember Bolton moved not to assess Mawood Avenue from Old Gate Road to Old Gate Road for street paving, seconded by Councilmember Cheek and carried unanimously 8 to 0. 7. Consideration of adoption of resolution confirming assessment roll and levying assessments for installation of sanitary sewer collection system into the following areas: (PWC) (Continued from June 1, 1992, meeting.) 1. U.S. 401 North RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. S1992-079. Councilmember Kendrick moved to adopt the foregoing resolution, seconded by Councilmember Cheek and carried unanimously 8 to 0 (confirmed at 9:00 p.m.). A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. 8. Consideration of sale of property located at 225-227 Hay Street. Attorney Neil Yarborough informed the Council that he had filed a lawsuit on this date to protect his client. He stated this action would not stop the negotiation process. Mr. Joe McLaughlin of J&J Speedy Demolition stated that he wanted either to demolish the building or to be treated fairly in the contract. Councilmember Bolton moved to go into executive session for the purpose of discussing litigation, seconded by Councilmember Robertson and carried unanimously. The Council went into executive session at 9:05 p.m. The regular meeting reconvened at 9:13 p.m. RESOLUTION AUTHORIZING THE SALE OF THE CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1992-080. Councilmember McBryde moved to adopt the foregoing resolution, seconded by Councilmember Bolton and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. 9. Consideration of expansion of Fayetteville Airport Commission. City Manager John Smith presented this item. There was no staff recommendation. Councilmember Cheek moved to expand the Fayetteville Airport Commission by the addition of a two-year nonrenewable voting position which would be designated for a travel industry representative. The appointment would be effective July 1, 1992, seconded by Councilmember McBryde. A discussion was held regarding the possible conflicts of interest that might arise out of this appointment. Mayor Dawkins called for a vote. The motion carried 6 to 2 with Councilmembers Torrey and Ross voting against. 10. Consideration of ordinance amending Section 24-5 of the Fayetteville City Code of Ordinances. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 24-5 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1992-010. Mayor Pro-Tem Evans moved to adopt the ordinance, seconded by Councilmember Kendrick. Councilmember Robertson asked for clarification regarding the towing of cars. Mr. Cogswell answered his questions. The vote was called for by Mayor Dawkins. The ordinance was unanimously approved by a vote of 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1992. 11. Consideration of request for traffic signal installation at Sycamore Dairy Road and Bargain Street. Councilmember Cheek moved to approve this request, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 12. Consideration of amendment to Section 26-46 of the Fayetteville City Code of Ordinances. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REPEALING SECTION 26-46 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1992-011. Councilmember McBryde moved to approve the foregoing ordinance, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's officer in Ordinances Book S1992. 13. Consideration of offer to purchase 331-333 Hay Street from Suva Enterprises. Mr. Smith introduced this offer to purchase for $10,000.00 the surplus property located at 331-33 Hay Street. Councilmember Bolton moved to authorize the advertisement for upset bids with the following conditions: 1. This offer is subject to obtaining a loan within forty- five (45) days to purchase and renovate the property. 2. Buyers will be developing the building to be used as retail store, or offices. 3. Buyers will complete remodeling and repairs to the building no later than nine (9) months from the sale of building to Buyers, otherwise the ownership of the building will revert back to the Sellers. 4. All repairs and renovations will meet all code requirements for the proposed use as retail space. 5. All celetex tiles will be replaced. 6. Repairs will be made to damaged railings. 7. The stairway area will be repaired. 8. Dented painted areas will be smoothed out. 9. Bathrooms will be put in working order. 10. Interior walls will be painted and/or wallpapered. 11. The carpet in 331 Hay Street will be cleaned. 12. Carpet will be installed in 333 Hay Street 13. The exterior of the building will be repaired and painted in cooperation with The Fayetteville Historic Resources Commission. The motion was seconded by Councilmember Kendrick and carried unanimously 8 to 0. 14. Appointments: A. Nominations to fill three vacancies on Airport Commission. The Council elected Dudley Miller, Leonard Hedgepath, and Monroe Evans to fill the vacancies on the Airport Commission. Delores Vacquez was elected as the travel industry representative. Her two-year term will be effective July 1, 1992. B. Election of nomination to Public Works Commission. Councilmember McBryde moved to elect Lyndo Tippett for a second four year term, seconded by Councilmember Kendrick and carried unanimously 8 to 0. C. Nominations to fill one vacancy on Public Works Commission Retirement Board Councilmember Ross nominated Glenn B. Adams for the Attorney vacancy on the Public Works Commission Retirement Board. D. Election of nomination to Joint Planning Board. Mayor Pro-Tem Evans moved to elect Sue Bandy for her first term, seconded by Councilmember Ross and carried unanimously 8 to 0. E. Nominations to fill two vacancies on Fayetteville Board of Adjustments. Councilmember McBryde nominated Kenneth Lancaster, Jr., and Ralph Huff for a re-appointment to a second term. 15. Administrative Reports: A. Statement of taxes collected for the month of May 1992 from the Cumberland County Tax Collector in the amount of $80,839.26. B. Report on Donaldson Street parking lot operations. John Smith presented this item. He referred to the report in the packet and related that the staff would like to study the situation and come up with a solution to this problem. Councilmember McBryde stated that he would like to go on record and say that it was his feeling that there should be no charge for parking in downtown Fayetteville. Councilmember Cheek asked that reconsideration be given to the area which had been designated for a parking lot on the corner of Mason Street and Ray Avenue. She expressed her opinion the Linear Park should not be used as a parking lot. Mr. Smith stated he thought it was part of the park plan. Councilmember Cheek asked the staff to check into the situation and report back to the Council. Councilmember Evans asked the staff to please do a study as to a possible new location and the cost involved in relocating the Police Department. 16. Cancellation of information meeting. Councilmember McBryde moved to cancel the June information meeting scheduled for June 22, seconded by Councilmember Kendrick and carried unanimously. Councilmember Robertson asked to speak. He expressed his appreciation to Mayor Pro-Tem Evans for the years of service she has given to the City Council and to the City of Fayetteville. There being no further business, Councilmember McBryde moved to adjourn, seconded by Councilmember Torrey and carried unanimously. The meeting was adjourned at 10:16 p.m. REGULAR MEETING MINUTES MONDAY, JULY 6, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, JULY 6, 1992 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), Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Mildred Evans (at-large) and Joseph Pillow (District 3) -excused Others Present: 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 Jason Brady, Public Information Officer Mike Walker, City Engineer Pete Piner, Fire Chief Tim Wood, PWC Manager Tom McNeill, PWC Property Acquisition Supervisor Gerald Croll, Engineer II J. Breeden Blackwell, Councilmember elect Robert A. Massey, Jr., Councilmember elect Peter MacQueen, President of Humame Society 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 welcomed everyone to the last meeting of the present City Council and welcomed the City Clerk Bobbie Joyner back from a lengthy convalescence. He expressed appreciation to Janet Jones for serving as Deputy City Clerk and expressed appreciation to Brenda Barbour, Jason Brady and many others who have worked hard on this night and the activities that will follow the meeting. Mayor Dawkins then called on Reverend Dan Griffin, Snyder Memorial Baptist Church for the invocation, followed by the Mayor leading in the pledge of allegiance to the American flag. The Mayor then requested that the prayer be spread in the minutes and it is as follows: "Loving God, who gave us the Ten Commandments to keep and sent Jesus to die when we couldn't, bless now these honorable folk elected to a holy trust who must enforce those same commandments. Work through them for the good and glory of the Fayetteville part of your Kingdom. Give them what we often call "old fashioned" values. Help them function with an excellent progressionalism that proscribes ambition and self-aggrandizement. Let them curb creeping bureaucracy and squeeze every tax dollar as if it were coming from their own pocket. Give them insight to see that they are our only defense against the chicanery that often lurks outside the doors of City Hall that we might enter a new era of peace, growth, and safety and become as a city a metaphor of municipal righteousness that baby boomers and senior citizens alike will support and embrace. In His name, Jesus, we pray, Amen. At this time, Mayor Dawkins stated that Mayor Pro-Tem Evans and Councilmember Pillow had called requesting to be excused from tonight's meeting. The Mayor and Councilmembers have provided a nice plaque showing appreciation for the service of Ms. Evans and Mr. Pillow and a five-year pin for Mr. Pillow that will be delivered at a later date. Mr. Pillow has served for 6 years and Ms. Evans has served for 14 1/2 years. Councilmember Robertson moved to excuse Ms. Evans and Mr. Pillow, seconded by Councilmember Kendrick and carried unanimously 7 to 0. 1. Approval of Agenda At this time Mayor Dawkins recognized City Attorney Bob Cogswell who requested a brief executive session for a litigation following Item 3. Deputy City Manager Roger Stancil requested to have a correction made to Item 7a of the agenda. It should read "consideration of resolution confirming assessment role and levying assessments". Councilmember Robertson moved to approve the agenda with the requested additions and changes. The motion was seconded by Councilmember Cheek and 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. There being none, Councilmember McBryde moved to approve the consent agenda. After a second from Councilmember Bolton the consent agenda and following items were unanimously approved. A. Approve minutes of budget session of June 6, 1991. B. Approve minutes of budget session of June 10, 1991. C. Approve minutes of regular meeting of May 18, 1992. D. Approve minutes of regular meeting of June 1, 1992. E. Approve minutes of budget workshop of June 8, 1992. F. Approve minutes of budget session of June 10, 1992. G. Approve minutes of regular meeting of June 15, 1992. H. Approve tax refunds over $100. Taxpayer's Nature of Property Name Clerical Error Description Amount Taylor, Fred P. Illegal tax: taxpayer $147.79 & Bonnie B. listed vehicles that are registered in other states. I. Approve the following budget matters for FY 91-92: 1. Budget Ordinance Amendment 92-13 This amendment is necessary to take the following actions: General Fund-Executive - increase the appropriation by $48,900 necessary due to an arrangement with HUD regarding Community Services Director's salary for the period ending 6-30-92. The salary expenses will be recovered from the Community Development Block Grant through indirect cost reimbursement. Administrative Services - increase the appropriation for the department by $40,000 to cover costs incurred for the removal of underground storage tanks in compliance with EPA regulations. Environmental Services - reduce the appropriation by $88,900 necessary to provide additional appropriations to the Executive and Administrative Services Department. Traffic Services - increase the appropriation by $20,000 to cover utility expenses for street lights. The additional utility expenses will be reimbursed by PWC. Central Business Tax District Fund - increase the appropriation by $1,300 for tax collection services provided by the County. Additional tax collections will fund the increased appropriation. 2. Capital Project Ordinance Amendment 92-13 This Ordinance recognizes the revenue and appropriates project expenditures from the 1989 and 1991 bond sale proceeds earned interest during the 1992 fiscal year, in the amounts of $124,873 and $53,565 respectively. 3. Capital Project Ordinance Closeout 92-18 4. Special Revenue Project Ordinance Amendment 92-4 These two ordinances are interrelated. CPOC 92-18 closes the Federal Forfeiture project and transfers a residual in the amount of $15,273 to the State and Federal Special Revenue Fund. SRPOA 92-4 appropriates the residual from CPOC 92-18 to the Federal Forfeiture Project established in the State and Federal Special Revenue Fund. This action completes the reclassification of Federal Forfeiture activities from capital to non-capital. 3. Consideration of acceptance of certification of results of June 2, 1992, municipal election from the Cumberland County Board of Elections. This item was presented by Deputy City Manager Roger L. Stancil with a recommendation to accept the election results. A copy of the results is attached to and made a part of these minutes. Councilmember Bolton moved to accept the election results as recommended, seconded by Councilmember McBryde and carried unanimously 7 to 0. Councilmember Kendrick moved to enter Executive session for litigation, seconded by Councilmember Bolton and carried unanimously 7 to 0 at 7:10 p.m. Council reconvened into regular session at 7:13 p.m. 4. Seating of Mayor and New City Council A. Oaths of Office to be administered to the City Council by the Honorable Sol Cherry, Chief District Court Judge. Following the Oath of Office Councilmembers took their assigned seats to preside over the remaining items of business. The seating for the Council is as follows: 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). B. Oath of Office to be administered to the Mayor by the Honorable Sol Cherry, Chief District Court Judge. Following the oath by the Mayor, he and all the Councilmembers introduced their family and friends present in the audience. 5. Organization of the City Council - Election of Mayor Pro-Tempore. Councilmember Ross moved to elect Councilmember Breeden Blackwell as Mayor Pro-Tem, seconded by Councilmenber Torrey and carried unanimously 8 to 0. At this time Mayor Dawkins recognized Mr. Sandy Saunders, Associate Pastor at Snyder Memorial Baptist Church and Chairman of the Parks and Recreation Advisory Commission present in the audience. 6. 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 6C and D for comment. Councilmember Bolton moved to approve the Consent Agenda Items A through J with the exception of C and D. After a second from Councilmember Robertson the Consent Agenda and following items were unanimously approved. A. Set public hearing for August 3, 1992, to consider rezoning from C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the south side of Tamarack Drive, west of Rosehill Road (SR 1616) (P92-68). B. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing on preliminary assessment roll for installation of sanitary sewer collection system in US 401 North (west side) (PWC). (Set public hearing for July 20, 1992) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING (JULY 20) ON PRELIMINARY ASSESSMENT ROLL FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (US 401 North) RESOLUTION NO. R1992-081. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. C. (Pulled for discussion) D. (Pulled for discussion) E. Approve bid award for Sanitary Sewer Rehabilitation project to Video Pipe Service, Inc., low bidder (PWC) in the amount of $166,519.25. Bids received were as follows: Video Pipe Service Inc. $166,519.25 Precon Construction Company $185,836.80 Ocean Enterprises (Bryant Electric) $186,677.00 F. Approve Estoppel and Modification Agreement and extension of loan to Berry and Byrd, Attorneys. G. Approve Municipal Maintenance Agreement for Fayetteville Urban Area Traffic Signal Systems. WHEREAS, the North Carolina Department of Transportation and the City of Fayetteville had jointly undertaken the implementation of a centrally controlled, computerized signal system to control traffic signals within the Municipality; and, WHEREAS, the construction of said computerized signal system is now complete; and, WHEREAS, the Department and the Municipality proposed to enter into an Agreement for the maintenance of that portion of the project which is on the State Highway System; and, WHEREAS, the Municipality has agreed to maintain and operate the computerized traffic signal system on the streets which are a part of the State Highway System within the Municipality, subject to reimbursement by the Department as set forth in this Agreement; and, WHEREAS, this Agreement shall cover the maintenance and operation of this system for the period from January 1, 1992 through January 1, 1995 inclusive. NOW, THEREFORE, BE IT RESOLVED, that this Agreement is hereby formally approved by the City Council of the Municipality of Fayetteville and that the City Manager and Clerk of this Municipality are hereby empowered to sign and execute the Agreement between the City of Fayetteville and the Department of Transportation. H. Set public hearing for July 20, 1992, to consider petition for 25 MPH speed zone - Shannon Drive. I. Set public hearing for July 20, 1992, to consider change in statutory references regarding Historic Resources Commission. J. Approve amendment to Adams Court contract. Councilmember Cheek stated that Items 6.C. and D. are for utility assessments in newly annexed areas and requested staff to check carefully about any penalties and so forth and address some of the questions we had in other neighborhoods when this is brought to Council for the public hearing. Councilmember Cheek moved to adopt the following resolutions, seconded by Councilmember McBryde and carried unanimously. 6.C. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing on preliminary assessment roll for installation of sanitary sewer collection system in the following streets: Lynhurst Drive, Blairmore Place, Amstead Avenue, Cliffdale Road, Windermere Drive. (PWC) (Set public hearing for July, 20, 1992) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING (JULY 20) ON PRELIMINARY ASSESSMENT ROLL FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-082. 6.D. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing on preliminary assessment roll for installation of sanitary sewer collection system in the following streets: Lansdowne Road, Farmington Street, Elstree Place, Dahlgren Avenue, Cornish Street. (PWC) (Set public hearing for August 3, 1992) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING (AUGUST 3, 1992) ON PRELIMINARY ASSESSMENT ROLL FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-083. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1992. 7. Public Hearings: Mayor Dawkins read the policy for the time limit on speakers for public hearings and nonpublic hearings. A. Consideration of resolution confirming assessment roll and levying assessments for water and sanitary sewer utilities into the following streets: 1. Oakwood Street This item was presented by Tom McNeill, PWC Property Acquisitions Supervisor, with a recommendation to adopt the resolution. This public hearing was opened at 7:32 p.m. and there being none to speak in favor or opposition to this item the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF WATER DISTRIBUTION SYSTEM AND SANITARY SEWER COLLECTION SYSTEM. RESOLUTION R1992-084. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously at 7:32 p.m. A copy of the foregoing resolution is on file in the Clerk's office in Resolution book R1992. 2. Kathy Street This item was presented by Tom McNeill, PWC Property Acquisitions Supervisor, with a recommendation to adopt the resolution. The public hearing was opened at 7:34 p.m. and speaking in opposition was Mildred Leslie, 4416 Karen Lake Drive, property owner on Kathy Street. She stated that PWC had dug a trench from their side on Karen Lakes to the adjoining property on Kathy Street. Mrs. Leslie stated they had been told that they were assessed the same amount as those on Oakwood Street, however, the people on Oakwood Street demanded sodding of centipede grass and her question was were the people on Kathy Street going to be paying for the sodding. Also for the sodding done to that street the second time. Mr. Henry Powers, PWC Water and Sewer Operations Superintendent, responded that the contractor has to control soil erosion and runoff and they sometimes prefer putting in a grass-sodded swell instead of riprap. He continues that the bids are a turnkey job and if the contractor had to redo anything it is out of the contractor's pocket and not added on to the assessment costs. Mayor Dawkins requested that Mr. Gerald Croll from the Engineering Department contact Mrs. Leslie at a later time to help answer her questions. There being none further to be heard on this matter the public hearing was closed at 7:38 p.m. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF WATER DISTRIBUTION SYSTEM AND SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-085. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously at 7:38 p.m. A copy of the foregoing resolution is on file in the Clerk's office in Resolution book R1992. 3. Blanton Road This item was presented by Tom McNeill, PWC Property Acquisitions Supervisor, with a recommendation for the adoption of the resolution. The public hearing was opened at 7:40 p.m. and speaking in opposition was Katie B. Bunce, 13 Fairforest Court, Columbia, SC, and Blanton Road property owner. She stated she had lived in Cumberland County for 47 years and shared some of her family history. She stated she felt that being on disability as well as her husband and both being on fixed incomes that $26,600 assessment was too much for them to bear. She stated that her property was annexed by the City against her objections. She stated they were annexed because the City needed their property for the sewer system because of the lay of the land. She stated there was only one house on this property and they are not considering breaking up the land into lots and selling it or building a business or a trailer park. At this time Mayor Dawkins asked Mr. Powers what percent the City taxpayers are having to pay to have this work done. Mr. Powers responded that the City is recouping 27% on the sanitary sewer and almost 50% on the water on this particular annexation. Mr. Powers stated that unfortunately Mrs. Bunce owns 1,330 feet. Councilmember Blackwell asked Mrs. Bunce who lives in the house at this time. She responded that they are renting out the house for approximately $400 a month. There being none further to be heard on this matter the public hearing was closed at 7:46 p.m. Councilmember Robertson stated he felt this might be a hardship case and deals with an excessive amount of front footage and asked if PWC might have some sort of guidelines for this type of situation. PWC Manager Wood responded that this would set a precedent. City Attorney Cogswell stated that this must be considered as an improvement and she could sell off the lots or put in apartments, however, she is chosing to remain a single owner. If, in the future, she decides to take this action, the water and sewer will already exist and the cost can be recouped by the sales or rentals. Councilmember Bolton asked if it had been explained to Mrs. Bunce that there is a payment policy and discount. Mr. Cogswell responded that this should have been in the letter she received. Councilmember McBryde stated that he has requested City Manager Smith poll other cites of similar size to Fayetteville with a Public Works of similar size to see if front footage is used more or if its usage is used the most. Until we receive this information Mr. McBryde stated Council has no other choice but to recoup some of the costs through assessment. Councilmember Blackwell asked Mrs. Bunce how long she had knowledge of this upcoming assessment and she responded "two weeks." He did inform her of the possibility of a pay schedule. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF WATER DISTRIBUTION SYSTEM AND SANITARY SEWER COLLECTION SYSTEM (BUNCE TRACT). RESOLUTION NO. R1992-086. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF WATER DISTRIBUTION SYSTEM (BACKER TRACT). RESOLUTION NO. R1992-087. Councilmember Bolton introduced the foregoing resolutions and moved their adoption, seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Robertson voting in opposition at 7:32 p.m. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution book R1992. B. Consideration of paving Englewood Drive from Cedar Creek Road to Dead End. This item was presented by Deputy City Manager Roger Stancil stating that this was originally a paving request by petition. However, the Engineering Department added a cul-de-sac for turnaround of vehicles mainly for City vehicles to service this area. If Council decides to pave the street, it is requested approval of acquisition of any rights-of-way needed to accommodate a 27 foot wide pavement within a 30 foot right-of-way and at the end of the street a circular cul-de-sac would be constructed. Councilmember McBryde asked if the cul-de-sac was placed at the end of the street wouldn't the owner of all four plots have access. Mr. Stancil responded that one option would be that they could re-plat that property and the other option would be to acquire the right-of-way and carry the property line over so that everyone has access to the end of the street and stub it. Councilmember Kendrick questioned the possibility of having the capability of turnaround for fire-fighting equipment if the street was stubbed. Councilmember Cheek asked if there couldn't be provisions made another way for turnaround of the fire equipment. Mr. Stencil responded that they could check into this. The public hearing was opened at 7:53 p.m. and speaking in favor of the paving was Mr. Norman Bass, 1706 Englewood Drive, Mr. Connie Easom, 1719 Englewood Drive and Mr. Dan Williams 617 East Raynor Drive. They were in favor of the paving but asked that the cul-de-sac be located at the end of the street. City Engineer Mike Walker responded that the City's main concern was that if the cul-de-sac was placed at the end of the street and later the four tracks of land were sold off it would land-lock two of the tracks of land. Mr. Massey asked if there would be a problem with placing a cul-de-sac at the end of the existing street. Mr. Walker responded there would be a problem in that there is a residence on each side of the street that the cul-de-sac would infringe a great deal into the yards. Mrs. Lula Jackson, 1701 Englewood Drive and owner of the property at the end of the street where the cul-de-sac was recommended, appeared in opposition stating that she too wanted the street paved, however, she feels that this is not the place for the cul-de-sac. It will also increase her assessment by about $5,000. Councilmember McBryde stated that all of the speakers had said that Mrs. Jackson was willing to re-plat her property and if Mrs. Jackson would tell Council she intends to do this he would make a motion to give her one month to re-plat her property and then they will put the cul-de-sac where she wants it. Following some discussion, Councilmember Cheek suggested that Mrs. Jackson be given some time to make the decision on the property lines. There being none further to be heard on this matter the public hearing was closed at 8:07 p.m. Councilmember McBryde moved to delay this action until September 8, seconded by Councilmember Ross and carried unanimously. 8. Consideration of request to address City Council from Humane Society. (Appearing: Peter MacQueen, President) Mr. MacQueen made a request that the proposal by Chief of Police regarding the possible killing of the police dogs whenever they cannot continue in service to the City, not be allowed to be made into an official policy of the City. He offered the Humane Society's assistance in placing any dogs that are retired as opposed to Chief Hansen's recommendation to kill the police dogs. Mayor Dawkins stated that they had not received a request to change the current policy from the Chief of Police. Council took no action. 9. Consideration of adoption of resolution authorizing sale of City of Fayetteville property located at 331-333 Hay Street. This item was presented by Deputy City Manager Roger Stancil. He stated they have received an upset bid which requires us to advertise this bid again. Councilmember Bolton moved to authorize the staff to advertise this property for sale, seconded by Councilmember Kendrick and carried unanimously. 10. Consideration of readoption of resolution of intent to reimburse Public Works Commission from proceeds of tax exempt financing. This item was presented by Deputy City Manager Roger Stancil with a recommendation to adopt a resolution. RESOLUTION OF THE CITY DECLARING ITS INTENTION TO REIMBURSE THE PUBLIC WORKS COMMISSION FROM THE PROCEEDS OF A TAX-EXEMPT FINANCING FOR A CERTAIN EXPENDITURES TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND/OR EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS. RESOLUTION NO. R1992-088. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution book R1992. 11. Consideration of amendments to Chapter 4 of the Fayetteville City Code (Airport Commission): A. Increasing size of quorum (from 3 to 4). AN ORDINANCE AMENDING SECTION 4-23. ORDINANCE NO. S1992-012. B. Clarification of increase in membership of Airport Commission (Travel Industry Representative). AN ORDINANCE AMENDING SECTION 4-22 (Airport Commission Membership). ORDINANCE NO. S1992-013. Councilmember Robertson moved to adopt Ordinances A and B as recommended, seconded by Councilmenber Bolton and carried unanimously. Copies of the foregoing ordinances are on file in the Clerk's office in ordinance book S1992. 12. Consideration of contract for Occupational Health Care Services. This item was presented by Deputy City Manager Roger L. Stancil requesting Council authorize the City Manager to negotiate the contract because we are changing the providers from the one we have had. Councilmember Robertson asked if this affected our insurance in any way or put us at additional liability. Mr. Stancil responded that this would not because they carry their own insurance. Councilmember McBryde moved to authorize the City Manager to negotiate the contract as recommended, seconded by Councilmember Kendrick and carried unanimously. 13. Consideration of Lease Agreement with Olde Fayetteville Carriages for space in Cape Fear-Yadkin Valley Depot building. This item was presented by Deputy City Manager Roger Stancil requesting the Council authorize City Manager to negotiate and execute a lease on a month-to-month basis. Councilmember Cheek moved to follow the recommendation, seconded by Councilmember Ross and carried unanimously. 14. Consideration of resolutions directing the Clerk to investigate petitions for annexation received under G.S. 160A-31. This item was presented by Deputy City Manager Roger Stancil with a recommendation for adoption of the resolutions. Councilmember Torrey asked if all these properties have sewer and water. Mr. Stancil responded that since these are resolutions to investigate petitions for annexation they probably do not have water and sewer. He stated there is the new policy by Public Works Commission to only participate in the cost of these facilities only if they are inside the City when they sign that contract. A. McLean and Thompson Properties (western side of McArthur Road) 1. Property of McLean Development Corporation RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1992-089. 2. Property of Paul Thompson Trust ƒ1 and Trust ƒ2 RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1992-090. B. Perry Property (eastern side of Cedar Creek Road, south of Lock's Creek Subdivision, Property of Randy and Cynthia Perry) RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1992-091. C. Country Club North, Section 6, Part A, Phase 3 (Hilliard Drive) (Property of March Development Corporation) RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1992-092. D. Greystone Farms, Section 2 (eastern side of Ramsey Street) (Property of Broadwell Land Company) RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1992-093. E. Country Club Hills, Remainder of Land (Site of former Green Valley Country Club) (Property of Broadwell Land Company) RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1992-094. F. Southland Pines (southern side of Southland Drive) 1. Tract 1 - Property of Broadwell Land Company RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1992-095. 2. Tract 2 - Property of Broadwell Land Company RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1992-096. Councilmember Kendrick introduced the foregoing resolutions A through F move their adoption, seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Torrey and Robertson voting in opposition. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution book R1992. 15. Consideration of setting of joint meeting with Public Works Commission. (Suggested date: July 27, 1992) Councilmember McBryde moved to meet jointly with Public Works Commission July 27, 7:00 p.m. in Council Chambers, seconded by Councilmember Kendrick and carried unanimously. 16. Consideration of request from Councilmember Breeden Blackwell for workshop to consider City Council long range planning. Councilmember Blackwell requested the City Manager to arrange a City Council planning retreat in the early Fall, 1992, at City Hall to begin process for setting goals and objectives for FY93-94 and beyond. Councilmember Ross moved to follow the recommendation, seconded by Councilmember Massey and carried unanimously. 17. Appointments A. Nominations to fill one vacancy on Joint Planning Board. Nominations were made to fill the vacancy of Billy Maxwell, Sr. to June, 1996 as follows: Mr. Karl Legatski, nominated by Councilmember Cheek, and Mr. Jonathan Charleston, nominated by Councilmember Blackwell B. Election of nominee to Public Works Commission Retirement Board. Mr. Glenn B. Adams was nominated at the last meeting to a 5-year term in the attorney category by Councilmember Rose. Council unanimously elected Mr. Adams to this position. C. Election of nominees to Fayetteville Board of Adjustments. Councilmember McBryde nominated Kenneth C. Lancaster, Jr. and D. Ralph Huff at the last Council meeting for reappointment to a second term. Upon motion by Councilmember Kendrick, seconded by Councilmember McBryde, Mr. Lancaster and Mr. Huff were unanimously elected for a second two-year term. 18. Administrative Reports: A. Tax refunds less than $100. Please Note: To view the tax refund table, please see Book Y, page 173 of the City of Fayetteville Meeting Minutes. B. Report on recycling and commercial garbage contracts. This report is contained in the agenda packet. There being no further business, the meeting was adjourned upon motion and seconded at 8:28 p.m. Approved July 20, 1992 JUNE 4, 1992 CUMBERLAND COUNTY NORTH CAROLINA We, the undersigned Board of Elections of Cumberland County, North Carolina, do hereby certify that we met in the Courthouse at 11:00 AM on Thursday, June 4, 1992, and after canvassing the original returns of the Registrars and Judges of Election of the votes cast in the Municipal Election for Mayor and City Council in the City of Fayetteville, NC, held on June 2nd, 1992, we do hereby certify that the following are true and correct totals of votes cast for the following candidates in said returns: CANDIDATES VOTES RECEIVED FOR MAYOR J. L. Dawkins 6,522 FOR CITY COUNCIL DISTRICT # 1 Thomas M. (Tommy) Bolton, Jr. 619 DISTRICT # 2 Irene Pittman Powell 329 Ida A. Ross 490 DISTRICT # 3 Robert A. Massey, Jr. 667 Ben Watson 639 DISTRICT # 4 Thelbert Torrey 1,091 DISTRICT # 5 Suzan Cheek 1,165 DISTRICT # 6 Mark Kendrick 1,107 AT LARGE J. Breeden Blackwell 4,871 Mildred Evans 4,052 Frank Milo McBryde 4,289 Nat Robertson, Jr. 4,283 We, therefore, certify that we have judicially determined that the votes received for candidates for Mayor and City Council resulted in the election of the following candidates: FOR MAYOR: J. L. Dawkins FOR CITY COUNCIL District # 1: Thomas M. Bolton, Jr. District # 2: Ida A. Ross District # 3: Robert A. Massey, Jr. District # 4: Thelbert Torrey District # 5: Suzan Cheek District # 6: Mark Kendrick At Large: J. Breeden Blackwell Frank Milo McBryde Nat Robertson, Jr. Given under our hand and seal this 4th day of June, 1992. CUMBERLAND COUNTY BOARD OF ELECTIONS REGULAR MEETING MINUTES MONDAY, JULY 20, 1992 FAYETTEVILLE CITY COUNCIL AGENDA REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, JULY 20, 1992 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2), Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Nat Robertson, Jr. (at-large) - excused 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 Jason Brady, Public Information Officer Mike Walker, City Engineer Pete Piner, Fire Chief Louis Chalmers, Traffic Services Director Gerald Croll, Engineer II Tom Ray, Airport Manager Tom McNeill, PWC Property Acquisition Supervisor Henry Powers, PWC Water/Sewer Operations Superintendent 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 Cureton Johnson, Moore Street First Baptist Church offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION First Place Winners in 5th Grade Division at National Invitational Double Dutch Classic (rope jumping). Team members from Edgewood Recreation Center that were present tonight were Tanilya Ferguson and Tenisha Washington. Other team members were Tenisha McClain and Tewanna Autry. Mayor Dawkins recognized Robby Eaves, Youth Council member present tonight. Councilmember Bolton moved to excuse Councilmember Robertson as requested, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 1. Approval of Agenda City Manager John Smith requested Council change Item 2B to read "advertise sale" instead of "approve sale" due to an upset bid that had been received. Councilmember Kendrick moved to approve the agenda with the change in Item 2B, seconded by Councilmember Bolton 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 Massey requested to pull Items C and E. Councilmember McBryde moved to approve the consent agenda with the exception of Items C and E and the change in Item 2B. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of July 6, 1992. B. Advertise sale of property at 331 and 333 Hay Street to Inge Gaspar. C. (Pulled for discussion) D. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing on preliminary assessment roll for installation of sanitary sewer collection system in: (Public Hearing date: August 17, 1992) (PWC) 1. Hearthstone Drive 5. Old Gate Road 2. Onie Court 6. Docia Circle 3. Morganton Road 7. Merritt Drive 4. Maywood Avenue 8. Pamalee Drive RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-097. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. F. (Pulled for discussion) F. Adopt Capital Project Ordinance Amendment Change 93-1 (CAP 90-8). Council authorized construction contract on May 18, 1992, for the fire training facility for the Airport Improvement Project No. 12. The cost is now estimated at $4,646,112 and the original federal grant commitment was $3,632,174. A 15% amendment in the grant will increase the federal commitment to $4,177,000 with state and local contributions totalling $232,056 and $237,056, respectively. Project elements and estimated costs are as follows: Security $874.718 Environmental Assessment 105,700 Truck Rehabilitation 55,000 Land 88,000 Fire Training Facility 3,522,694 Total $4,646,112 G. Adopt ordinance amending Section 28-43(a), Taxicab Ordinance, in regard to maximum number of passengers. AN ORDINANCE AMENDING SECTION 28.43(a). ORDINANCE NO. S1992-012. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1992. 2C. Award contract for purchase of approximately 1,320,000 Bill Processing Envelopes (one year's supply) to Tension Envelope Corporation, sole bidder meeting specifications (PWC) in the amount of $29,383.20. Councilmember Massey asked for a clarification as to the sole bidder. He asked if there were others offered the opportunity to bid. Mr. Powers responded that PWC had sent requests for bids to seven companies with only one responding. Mr. Massey asked if any of these companies had been minority businesses and Mr. Powers answered that he did not know. Councilmember Massey moved to award the contract to the sole bidder of Tension Envelope Corporation in the amount of $29,383.20. The motion was seconded by Councilmember Ross and carried unanimously 8 to 0. 2E. Adopt Special Revenue Project Ordinance Amendment Number 92-5. Councilmember Massey asked what the increase in equipment consisted of and the decrease in personnel. Mr. Smith responded that the increase was for the trailers for the police mobile units. And the figure shown under personnel was a budget correction. The Police Department applied for a budget amendment that would increase the State grant by the amount of $14,905 and increase the local share by $4,968, resulting in a total grant of $130,141 from the original awarded amount of $110,268. This is an increase of $19,873 for the program which is designed to provide a systematic approach to drug prevention and other criminal problems in neighborhoods. Councilmember Massey moved to adopt the special revenue project ordinance amendment No. 92-5, seconded by Councilmember Ross and carried unanimously 8 to 0. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for the public hearings and nonpublic hearings. A. Consideration of rezoning from R10 Residential District to R5 Residential District or to a more restrictive-zoning classification for an area located at 3000 Lake Club Drive. (P92-55) This item was presented by Al Mitchell, Assistant Planning Director, stating that there was a valid protest petition and the Planning Staff and Planning Board recommends denial based on the fact that this tract does not meet the criteria for high density residential district and the 1971 and proposed 2010 Land Use Plane call for the low-density residential development at this location. The public hearing was opened at 7:15 p.m. and speaking in favor of the rezoning was Victor Hyatt, 3000 Lake Club Drive, representing the Moose Lodge. He stated they are appealing the Planning Board's denial because they feel it is in the Moose Lodge's best interest to make the best use of their property as they see fit, and this rezoning is one of the best ways they see of doing this. Council had a question and answer session with Mr. Hyatt. Appearing in opposition was Mr. Glen Jernigan, representing Briarwood/Clairway subdivisions. He stated that this would increase the traffic flow and the residents are concerned with the flood plain, egress and ingress would be limited, there are some safety factors, decreasing property values and the adverse effect this rezoning could have on the quality of life. There were approximately 115 residents appearing in opposition to this rezoning. Mr. Ed Donaldson, 2415 Rolling Hill Road concurred with Mr. Jernigan and added that he has concerns about the crime rate, the dam needing repair and the strain the rezoning would create on the schools in the area. The public hearing was closed at 7:30 p.m. Councilmember McBryde moved to deny the rezoning request, seconded by Councilmember Kendrick and carried unanimously 8 to 0. B. Consideration of adoption of resolutions confirming assessment rolls and levying assessments for installation of sanitary sewer collection system in the following streets: 1. U.S. 401 North/Ramsey Street The public hearing was opened at 7:43 p.m. and there being none to speak in favor or opposition the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-098. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Massey, carried unanimously 8 to 0 at 7:45 p.m. 2. Amstead Avenue The public hearing was opened at 7:43 p.m. and there being none to speak in favor or opposition the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-099. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Massey, carried unanimously 8 to 0 at 7:45 p.m. 3. Blairmore Place The public hearing was opened at 7:43 p.m. and there being none to speak in favor or opposition the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-100. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Massey, carried unanimously 8 to 0 at 7:45 p.m. 4. Cliffdale Road The public hearing was opened at 7:43 p.m. and there being none to speak in favor or opposition the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-101. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Massey, carried, unanimously 8 to 0 at 7:45 p.m. 5. Windermere Drive The public hearing was opened at 7:43 p.m. and there being none to speak in favor or opposition the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-102. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Massey, carried unanimously 8 to 0 at 7:45 p.m. 6. Lynhurst Drive The public hearing was opened at 7:45 p.m. and there was none to speak in favor. Speaking in opposition was Mr. James Broome, 333 Lynhurst Drive, stating that he is being assessed for 75 foot of sewer but there is no sewer in front of his property. His house is being serviced by a 4-inch sewer lateral coming from a manhole adjacent to his property. Mr. Broome stated he did not mind being assessed for what he received but he objected to arbitrarily being assessed for 75 feet of sewer because that is how much front footage he has. He further stated that in order to get to this lateral he had to tear up his driveway and travel diagonally across the front part of his lawn and put in extra sewer pipe by a plumber at additional costs. Mr. Powers responded that it would be a waste of money and everyone's interest to extend the line all the way across their property when all PWC has to do is reach their property to serve it. The 4-inch service is much cheaper than running an 8-inch main and the service is the same. Mrs. Pearl Martin, 362 Lynhurst Drive, stated she was angry because she had been annexed against their wishes and now they are getting astronomical bills for City sewer being installed to receive City services. Mrs. Martin further stated that a number of the neighbors were not at the meeting tonight because their letter of notice had different dates. She added that this is a low income area with several elderly and sick on a limited income that cannot afford this assessment. Mrs. Martin complained that the large trucks and equipment was driven onto her property with damage also to her mailbox with nothing being done after complaining to an inspector. She also could not get into her driveway for several days because the workers had not fixed the driveway entrance. Mrs. Martin stated her house is on a corner lot and faces Lynhurst Drive. She did not receive notice of this meeting but received information concerning Dahlgren Avenue. Mr. Powers responded he was not aware of any damages to her property and in checking the map it was discovered she was assessed for Dahlgren Avenue beside her property. He would check further and make adjustments to the Lynhurst Drive frontage. Mayor Dawkins asked Mr. Smith to check into the damages to her property. Mr. Tim Mulhall, 429 Landsdowne Road, stated he was representing a friend, Betty Knox, and concurred with Mrs. Martin concerning older citizens not being able to afford the high assessment. Mr. Mulhall also asked how assessments are figured. Mr. Powers responded that on the last annexation the cost was in excess of $36 per foot. PWC's assessment was 27% of total cost, leaving 73% to be paid by the City. There being none further to be heard, the public hearing was closed at 8:00 p.m. Councilmember Cheek asked Mr. Powers if any penalties were assessed to the contractors due to the problems PWC had with them. Mr. Powers answered there was $10,000 between the City drainage project and PWC water and sewer project. These figures were deducted from final costs. Councilmember Cheek stated she felt that residents should benefit by paying less assessments rates than others that had no problems. Mr. Smith responded that up until recently, PWC policy was to assess 1/3 of the cost on either side of the road. Since this project was done, PWC has set a lower flat rate of $12 per foot on sewer making the rate a lot less on this area than it would have been. Following some discussion. Councilmember Cheek moved to approve the assessment roll at $11 per foot instead of $12 as recommended by PWC. There was no second to the motion. Councilmember McBryde moved to adopt the resolution confirming the assessment roll and levying assessments as recommended, seconded by Councilmember Blackwell and carried 7 to 1 with Councilmember Cheek voting in opposition at 8:13 p.m. The resolution title is as follows: RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (LYNHURST DRIVE). RESOLUTION NO. R1992-103. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1992. At this time City Attorney Cogswell stated that we work with the residents any way we can with their assessment payments. C. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 miles per hour for Shannon Drive from a point 880 feet north of the north back of curb on Bragg Boulevard, north to its end. This item was presented by Traffic Engineer Louis Chalmers with a recommendation to adopt the ordinance. The public hearing was opened at 8:15 p.m. and there being none to speak in favor or opposition the public hearing was closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (SCHEDULE NO. 8-SPEED CONTROL) ORDINANCE NO. NS1992-030. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Torrey and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1992. D. Consideration of adoption of Collector Street Plan. This item was presented by Traffic Engineer Louis Chalmers stating that this is a public hearing for citizen input since it is time for an update of the plan that was adopted in 1981. He recommended that the proposed Collector Street Plan be adopted. The public hearing was opened at 8:25 p.m. Mr. Walter Moorman, representing Moorman and Kizer, Inc., expressed concerns about conflict and right-of-ways of residential areas if a street is put on the plan. Also this could produce a lot of nonconforming properties by cutting off front yards of homes. Mr. Moorman submitted a list of questions to Mr. Chalmers, such as what criteria was used in selecting a street to be added to the Street Collecting Plan. Mr. Don Broadwell, Broadwell Land Company, requested to have some input in the committee activities for this plan. He stated that most of the time the connector street does not serve the neighborhood it is put into, rather to handle a bottlenecked area. He asked that the City continue its policy concerning the additional costs. There being none further to be heard on this matter, the public hearing was closed at 8:33 p.m. Councilmember Bolton moved to refer this item to the Council Streets and Roads Committee and notify those concerned. The motion was seconded by Councilmember McBryde and carried unanimously 8 to 0. E. Consideration of adoption of ordinance amending Section 2-27, change in statutory reference regarding Historic Resources Commission. This item was presented by the City Attorney with a recommendation to adopt the ordinance. The public hearing was opened at 8:35 p.m. and there being none to be heard in favor or opposition to this matter, the public hearing was closed. AN ORDINANCE AMENDING SECTION 2-27. ORDINANCE NO. S1992-013. Councilmenber Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1992. At this time Councilmember Bolton requested to be excused from tonight's meeting due to a prior commitment at this time and requested that Item 9A be continued until the next regular meeting so that he and Councilmember Robertson could be present to vote on this matter. 9. Appointments: A. Nominations to fill one vacancy on the Joint Planning Board. Councilmember Cheek moved to continue Item 9A until the next meeting as requested, seconded by Councilmenber McBryde. The vote was 4 to 4 with the Mayor breaking the tie by voting in the affirmative. The motion carried 5 to 4 with Councilmembers Blackwell, Torrey, Ross and Massey voting in opposition. Councilmember McBryde moved to excuse Councilmember Bolton from the meeting at this time, seconded by Councilmember Cheek and carried unanimously 7 to 0 at 8:38 p.m. 4. Consideration of request from CONTRAVES USA, Inc., to waive the surety bond requirements for the propanecomputer technology contract for fire training facility. This item was presented by City Attorney Bob Cogswell. He referred to the materials in the agenda packet and the summary paragraph of his memo states that in exchange for waiving the bond requirement and becoming the surety, the City does not have to pay any monies to CONTRAVES USA, Inc., until final completion and acceptance of the project and they have provided sufficient security to guaranty performance for a period of one year. Based upon this, Mr. Cogswell recommends the surety requirement be waived. He stated that this had FAA approval and the Airport Commission has approved this unanimously. There was some lengthy discussion with Councilmember Cheek expressing concerns that CONTRAVES might get into a financial bind and request money from the City in the future. Councilmember Kendrick moved to approve the request to waive the surety bond requirements as recommended, seconded by Councilmember McBryde. Mr. Cogswell requested that the motion include the City Attorney having authority to make any future changes in the amendment and the contract consistent with the conditions agreed upon. Mr. Kendrick included this in his motion. Mayor Dawkins called for a vote and the motion carried 6 to 1 with Councilmember Cheek voting in opposition. 5. Consideration of petition for maintenance of private streets, Stonebridge Section VII. This item was presented by City Manager John Smith stating that he could not recommend acceptance of any private streets until the Council's policy Committee has met on the street standards and addressed the entire issue of private streets. Councilmember Torrey moved to take no action on this item, seconded by Councilmember Kendrick and carried unanimously 7 to 0. 6. Consideration of acceptance of dedication of Briarwood Gardens' private streets known as: A. Hanbury Lane B. Fashion Lane C. Stride Lane This item was presented by City Manager John Smith with a recommendation to act favorably on this item since Council had previously acted favorably on these petitions. Councilmember McBryde moved to accept the dedication of Briarwood Gardens' private streets as recommended, seconded by Councilmember Kendrick and carried unanimously 7 to 0. 7. Consideration of acceptance of Interlocal Agreement for purchase, utilization, and sharing of a Geographic Information System. This item was presented by City Manager John Smith with a recommendation to adopt the Interlocal Agreement. Councilmember Kendrick moved to adopt the Interlocal Agreement as recommended, seconded by Councilmember Blackwell and carried unanimously 7 to 0. 8. Consideration of adoption of ordinances regulating parking in the City Hall parking lot and the Amtrack/City Employee parking lot. AN ORDINANCE CREATING NEW SECTIONS 20-67.2 AND 20-67.3 (CITY HALL PARKING LOT AND AMTRACK/CITY HALL EMPLOYEE PARKING LOT). ORDINANCE NO. S1992-014. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Cheek and carried unanimously 7 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1992. 9. Appointments: A. Nominations to fill one vacancy on the Joint Planning Board. This item was considered following Item 3E and was unanimously postponed until the August 3, 1992, meeting. 10. Consideration of offer by Prince Charles Hotel to purchase adjacent City-owned property. This item was presented by City Manager John Smith stating that this property was not included in the original sale because public improvements on public property were part of the grant agreement. The UDAG is now closed out and the grant requirements no longer apply. It is his recommendation to advertise this property for upset bids. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously 7 to 0. 11. Administrative Reports: A. Report on proposed renaming of Murchison Road. Mr. Smith responded to a letter received from NCDOT concerning Council's action to rename Murchison Road to Martin Luther King Boulevard. He stated that the letter is somewhat unclear. Councilmember Massey moved that the City Council receive the administrative report on the proposed renaming of Murchison Road and authorize the City Manager to seek clarification from the Department of Transportation on the two issues found in Secretary Harrelson's letter to John Smith dated June 29, 1992. Those issues are: (1) under what conditions are roads and state highways renamed--and this is not inquiring about the naming of a portion of a highway in honor of any given celebrity; (2) what situations need to be resolved before the Board of Transportation will consider City Council's request favorably. The motion was seconded by Councilmember Torrey. At this time Mayor Dawkins informed Reverend Aaron Johnson, present in the audience and requesting to be heard, that this is not a public hearing and he would not be able to speak unless Council asked a direct question. Councilmember McBryde asked Reverend Johnson why he had his hand up. Reverend Johnson asked if the public will have an opportunity for input. Councilmember Massey responded that the first thing we really need to do is clarify exactly what it is we are dealing with--clarify exactly what our parameters are. He stated that at the appropriate time, obviously Council would not want to do anything that would exclude the citizens of either Murchison Road or the citizens of Fayetteville. Following some discussion, Mayor Dawkins called for a vote on the motion to authorize the City Manager to contact NCDOT for clarification and the vote was unanimous 7 to 0. B. Report on disposal of surplus property of minimal value. A copy of the list of surplus property disposed of is attached to and made a part of these minutes. C. Statement of taxes collected for the month of June 1992 from the Cumberland County Tax Collector. Council accepted the report showing total collections of taxes for the month of June 1992, in the amount of $158,952.67. At this time Councilmember McBryde referred to a memo from Traffic Services Director Louis Chalmers to City Manager John Smith in the Information section of the agenda packet concerning a traffic light at Sycamore Dairy Road and Wagoner Drive. He stated he wanted to clarify to Mr. Chalmers that he did not want anything done there, he was only asking if it would not make more sense to put a traffic light where a subdivision empties into a road rather than in front of a shopping center. He asked if the other location warranted the light. Mr. Smith responded that both locations do. Councilmember McBryde then referred to Assistant City Manager for Planning and Development Jimmy Teal's memo of July 15, 1992, concerning the response to his request for a survey of other towns and how they handle assessments. Mr. McBryde stated he wanted more places contacted for a larger study and then set a time to review these. Mr. Smith stated he will get responses from South Carolina also. Councilmember McBryde asked who decides how we assess water and sewer--is it PWC or Council. Mr. Smith responded that this raises an interesting legal question. The statutes say that City Council assesses but there is a charter provision that says that PWC has the authority to set rates, fees and charges. Mr. Smith stated that we need legal counsel to determine which to follow. PWC has established their assessment rate up to this date. At this time City Attorney Bob Cogswell informed everyone of two free concerts at Methodist College, one on Tuesday, with Donna Stevenson and one on Wednesday, with Randall Atcheson, both perform regularly at Carnegie RaIl and the Opera in New York. Mayor Dawkins reminded everyone of the joint meeting with PWC in the Council Chamber and then moved to first floor Multipurpose Room on Monday, July 27, at 7:00 p.m. There being no further business, the meeting was adjourned upon motion and seconded at 9:15 p.m. Approved August 3, 1992 MEMORANDUM July 10, 1992 Page 2 DATE SURPLUS ITEMS SOLD TO WHOM SOLD SALE PRICE 01-06-92 Salvage Bookshelf Catherine Elliott 5.00 01-15-92 Salvage Tires Mullin Tire Barn 105.00 01-21-92 Recycled Paper Paper Stock Dealers 1307.55 01-21-92 Salvage Batteries Beacon Auto Parts 60.00 01-21-92 Scrap Metal Cohen & Green Salvage 637.10 01-23-92 Salvage Lawn Mower Wade & Sons 50.00 01-23-92 Salvage Air Compressor Wade & Sons 65.00 01-21-92 Scrap Metal Cohen & Green Salvage 165.05 01-21-92 Recycled Paper Paper Stock Dealers 312.90 03-03-92 Salvage Tires Mullins Tire Co. 50.00 03-03-92 Recycled Paper Paper Stock Dealers 339.60 03-16-92 Scrap Metal Cohen & Green Salvage 635.51 04-08-92 Scrap Metal Cohen & Green Salvage 249.15 04-08-92 Recycle Paper Paper Stock Dealers 668.96 04-29-92 Salvage Batteries Beacon Auto Parts 40.00 04-29-92 Salvage Tires Tire Barn 120.00 04-29-92 Recycled Tires Paper Stock Dealers 392.33 05-13-92 Scrap Metal Cohen & Green Salvage 343.35 06-11-92 Recycled Paper Caper Stock Dealers 195.30 06-17-92 Scrap Metal Cohen & Green Salvage 164.90 06-29-92 Salvage Batteries Beacon Auto Parts 40.00 INFORMATION MEETING MINUTES MONDAY, JULY 27, 1992 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, JULY 27, 1992 7:00 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 Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Kai Nelson, Finance Director Robert C. Williams, Chairman PWC Lyndo Tippett, PWC Member William H. Owen, III., PwC Member R.O. McCoy, PWC Member Tim Wood, PWC Manager Henry Powers, PWC Water/Sewer Operations Superintendent Ken Fanfoni, PWC Water/Sewer Utilities Director Ray Britt, PWC Finance Service Director Dick Lewis, PWC Attorney Marland Reid, Attorney 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 called on Councilmember Torrey to offer the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. Approval of Agenda Councilmember Kendrick moved to approve the agenda as submitted, seconded by Councilmember Robertson and carried unanimously. 2. Consideration of Transfer of Property to Habitat for Humanity This item was presented by City Manager John Smith with a recommendation to approve the transfer of several lots in the Wilmington Road redevelopment area to Habitat for Humamity. Councilmember McBryde moved to follow the recommendation to approve the transfer of the City property to Habitat for Humanity, seconded by Councilmember Kendrick and carried unanimously. At this time Mayor Dawkins recessed the regular meeting to reconvene in the first floor Multipurpose room. The meeting reconvened at 7:10 p.m. 3. Discussion with Public Works Commission on Budget Request Mayor Dawkins introduced Public Works Commission Chairman Robert Williams who presented this item. Following a brief presentation of the PWC Financial Report, Commissioner Bobby McCoy presented the capital projects they had intended to construct with the same earnings. Commissioner Bill Owens presented capital projects which were included in the 1990 Revenue Bond Project List and for which they now propose to complete with net earnings. This could not have been anticipated in 1990. Mr. Owens stated that by not using bonds, it would save millions to customers in interest. Commissioner Lyndo Tippett presented a proposal for Revenue Bond financing of a generation plant project which has tremendous projections for liquidation and will also outline the savings to the customers under this Fiscal 1993 budget. He also suggested using the PWC building for a Police Department. It has ample room for expansion and plenty of parking. Mr. Tippett requested Council's approval on the $16 million bonds as soon as possible in order to be on-line with this project in the next twelve months. He referred to the proposal of Council to transfer $9 million from retained earnings to build City projects and stated they considered this transfer to be ill-advised and contrary to the provisions of the charter under which they operate. If Council would consider a fund transfer it would provide the much needed cash for other projects, as outlined by the City Manager. City Manager John Smith gave a general summary of the analysis submitted to Council. Public Works has generated unexpected retained earnings or surplus revenues or surplus property in the electric fund over the last three years Mr. Smith attempted to do an analysis of what some of the City's other capital project needs are and the alternatives available to Council as far as financing those needs, as well as financing the utility needs. His recommendations were: (1) set aside a portion of those retained earnings that have been generated over the last three years for capital expenses; and (2) Council can authorize the Commission to proceed with the projects they have proposed, including the PWC administrative building, utilizing retained earnings as proposed and the issuance of the portion of revenue bonds that is anticipated to be used in the 1990 resolution. He also recommended a separate briefing on the general project that has very long-term implications. Mr. Smith complimented PWC on the excellent management enabling them to retain these earnings. He recommended Council consider using some of those electric-retained earnings that had been accumulated over the past three years for other municipal needs on a one-time basis, and if necessary, to authorize issuance of revenue bonds for a portion of the water and sewage. Councilmember Ross asked if there was some way to set aside PWC funds to aid those who have less money and have to pay assessments. She also asked about the failing cesspools that are going to contaminate the ground water. Mr. Tippett responded that Public Works works through modified payment plans as much as possible. Councilmenber Robertson had many complaints regarding the way charges are arrived for installation of water and sewer (linear foot basis). He wondered if there could be other ways. Mr. Wood responded that there are many different ways but they have tried to come up with one to come close to the 1/3 participation figure for the fairest way. Councilmember Robertson questioned the annual yard sprinkler inspection fee of $50. Ken Fanfoni stated that their concern is with what backs up into those systems and the fact that they sit unused during the winter months, therefore, he feels they should be inspected every year. Councilmember Cheek stated she feels that Council needs more information on the new generation project and to look at the total needs of the City and PWC. She was also concerned with who pays for these projects. Councilmember Cheek felt bond financing would allow those using this in the future to help share in the cost with the existing users. Councilmember Massey asked for more details on why these projects are so important, such as the Thermal Energy Storage Project. Steve Blanchard responded that he would give a briefing on this to the Council as soon as possible if they wished. Council set Monday, August 10, 1992, 7:00 p.m. at City Hall, for the briefing. There was some discussion by Councilmember Blackwell concerning PWC's proposed new building location and the future of the existing building. Councilmember Kendrick discussed the bond issue. Ray Britt responded that they will be asking for a resolution of intent at the next meeting; a briefing will be given to City Council that following week; and at the second regular meeting they will request to have the budget adopted. Councilmember Blackwell asked Mr. Tippett for a clarification on a statement he had made earlier in the meeting concerning the rate changes as related to the Charter. Mr. Tippett responded that the Charter that created NC specifically states that the members have the rate-setting authority. Actions such as the transfer of the $9 million will have an impact on rates, therefore, they will have to increase the rates to cover the indebtedness incurred by these transfers. Mr. Blackwell made a request that PWC furnish their budgets by the April 30 deadline as does other City departments. He also requested that PWC be included in the City's long-range planning in the fall. There being no further business the meeting was adjourned upon motion second at 8:55 p.m. Approved September 8, 1992 REGULAR MEETING MINUTES MONDAY, AUGUST 3, 1992 FAYETTEVILLE CITY COUNCIL AGENDA REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, AUGUST 3, 1992 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 Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Gerald Howland, City Engineer II Richard Herrera, Community Services Director Craig Hampton, Purchasing Agent Al Mitchell, Assistant Planning Director Tim Wood, PWC Manager Tom McNeill, PWC Property Acquisition Supervisor Henry Powers, PWC Water/Sewer Operations Superintendent 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 Reverend Carrie Parrish from Methodist College followed by the Mayor leading the Pledge of Allegiance to the American flag. RECOGNITION: Miss Fayetteville 1993, Desiree McCormick was presented beautiful red roses by the Mayor from the Council with wishes of good luck in her reign as Miss Fayetteville and in the competition for Miss North Carolina. 1. Approval of Agenda City Manager John Smith requested that item 7 be removed from the agenda and placed on the agenda for the next regular meeting due to General Joseph Nagel being called out of town. Councilmember Bolton moved to approve the agenda with the removal of item 7, seconded by Councilmember Robertson and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember McBryde requested to pull item F for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of item F. After a second from Councilmember Cheek the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of July 20, 1992. B. Set public hearing for September 8, 1992 to consider the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located on the east side of Rosehill Road (SR 1615) and the west side of Rosehill Road Extension between Dowfield and Rutledge Drives. (P92-73) C. Set public hearing for August 17, 1992 to consider petitions for 25 miles per hour speed zones on the following streets: 1. Karen Lake Drive 2. Kathy Street 3. Oakwood Street 4. Palomar Street D. Authorize readvertisement of sale of property located at 331-333 Hay Street. E. Approval of the following budget matters: 1. Adoption of Budget Ordinance Amendment 93-1 This Budget Ordinance Amendment is necessary to transfer funds in the amount of $10,560.00 from the Engineering Department to the Real Estate Division in the Community Services Department due to this section being transferred from Engineering to Community Services. 2. Adoption of Budget Ordinance Amendment 93-3 This Budget Ordinance Amendment will appropriate additional fund balance in the amount of $270,000.00 for various projects including: renovations to the former City Hall; improvements to the Special Populations Center; modifications to provide access to the handicapped and the repair of the retaining wall at the Central Fire Station. F. Approve bid award for purchase of substation equipment for the Kelly Springfield substation to Power Supply, Inc., low bidder in the amount of $66,960.00 Bids received were as follows: Power Supply, Inc., Matthews, NC $66,960.00 Elite Electric, Charlottesville, VA 68,820.00 Rigby Electric, Rocky Mount, NC 67,250.00 Scott-Parish, Raleigh, NC 67,282.40 Councilmember McBryde asked Tim Wood if this is a substation to service only the Kelly Springfield Company and Mr. Wood responded that it was. Councilmember McBryde moved to award the contract as recommended, seconded by Councilmember Bolton and carried unanimously. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for public hearing speakers and nonpublic hearing speakers. A. Consideration of resolution confirming assessment roll and levying assessments for sanitary sewer collection system into the following streets:(PWC) 1. Lansdowne Road This item was presented by PWC staff Tom McNeill and Henry Powers. Mayor Dawkins opened the public hearing at 7:14 p.m. and there was none to speak in favor. Speaking in opposition was Pamela Alkins, 231 Lansdowne Road. She referred to materials that she had distributed to Councilmembers at the beginning of the meeting stating that they were displeased with the $12 per linear foot assessment and asked why their subdivision was divided up for the public hearing; why the assessment for the sewer was delayed from the final work in August of 1991; and why didn't they benefit from the penalty charged to the contractor as promise in a letter from City Manager John Smith, dated February 1, 1991, in the amount of $250.00 per day equalling $32,000.00. She stated that only $10,000.00 was paid in liquidated-for-damages and the billing process can take long enough to put them over the price increase date. She concluded by asking for the $5.00 per linear foot assessment. Garris Neil Yarborough, attorney representing 75 citizens in the area, spoke in opposition stating that this was a project they did not want, do not need and could not afford. Their streets were torn up approximately 14 months and the residents suffered many forms of damage to their property and vehicles. Because of the road condition they were not able to get mail, school bus service or police protection and their autos were damaged by pot holes. Mr. Yarborough continued that when this project first began the residents were informed that the cost would be $5.00 per linear foot and now find that it is going to cost $12.00. The liquidated damages the City received should have been applied through the trust fund from which these will now be asked to pay for. Some of that money was diverted to other projects, such as drainage, that should have gone to offset the sewer cost so their assessment could be reduced. Mr. Yarborough stated they are requesting that their assessments be reduced to $6.00 which was originally discussed with them and which they feel is a fair amount. He also asked that Council hold any assessments in abeyance for a 10-year period of time to allow them to plan for this large assessment and it would allow them the opportunity to need the service, and would also be an equity factor. There were approximately 75 people present in the audience in opposition to this assessment. Randall L. Robinson, 213 Lansdowne Road, also spoke in opposition representing his mother-in-law living at this address. He concurred with Mr. Yarborough and stated that his mother-in-law lives on a fixed income and cannot afford this $900.00 assessment. There being none further to be heard on this matter, the public hearing was closed at 7:30 p.m. Henry Powers, PWC Water/Sewer Operations Superintendent. responded to the residents concerns. He stated the $5.00 fee was increased to $12.00 as of July 1, 1992, because PWC realized that the recent annexation assessments were going to be $12.15 to $15.21 per linear foot. This has nothing to do with the service lateral from the middle of the street to their property line. The tapping fee or assessment is a charge to help defray the cost of the main installed in the street. The cost to the residents is only 27%. City Manager John Smith explained that it would have been 1/3 of the cost for each side of the street and this would have been approximately $15 per foot. Therefore, PWC reduced the fee to $12.00. Council reserved action until the end of all of the public hearings on this area. 2. Farmington Street The public hearing was opened at 7:50 p.m. and G. Neil Yarborough waived his time for this hearing until the end. There being none further to be heard on this matter the public hearing was closed. 3. Elstree Place The public hearing was opened at 7:52 p.m. There was none to speak in favor of this assessment. Speaking in opposition was Don Autry, 6017 Elstree Place. He stated that he lives in that area and had to travel on that torn up road daily. He was dissatisfied with the contractor, with the length of time it took to do the project and he was dissatisfied with the work they did. He feels that the $12.00 per linear foot is excessive for the quality of work they received. G. Neil Yarborough waived his time for this hearing until the end. There being none further to be heard on this matter the public hearing was closed at 7:54 p.m. Council reserved action until the end of the public hearings on this area. 4. Dahlgren Avenue The public hearing was opened at 7:55 p.m. and G. Neil Yarborough waived his time for this hearing until the end. Kenneth L. Nelson, 6010 Dahlgren Avenue stated that he concurred with his other neighbors in the area about being dissatisfied with the work and the $12.00 assessment. There being none further to be heard on this matter the public hearing was closed at 8:07 p.m. Council reserved action until the end of the public hearings on this area. 5. Cornish Street The public hearing was opened at 8:08 p.m. G. Neil Yarborough, representing the neighborhood, appeared in opposition stating that the majority of the neighborhood is on fixed incomes and the 30% discount would be great if they had the cash. He stated that these people have consistently complained and he asked that Council reduce the assessment to $6.00 per linear foot from $12.00 or hold the assessments in abeyance. Also to reduce the interest rate from 8%. There being none further to be heard on this matter the public hearing was closed at 8:12 p.m. PWC Manager Tim Wood, responded to the neighborhood's statement concerning being quoted an assessment rate of $5.00-7.00. He stated that the only thing that the Engineering Department have to go by on construction projects of this type involving annexation and assessments was the previous annexations and assessments. This annexation and assessment was over $15.00 per linear foot so PWC reduced it to $12.00, not raised it from the $5.00-7.00. He referred to the problems with the contractor and stated that by law they are required to award to the low responsible, bidder. Also, there were many, many rain days that created problems and delaying the project. Following some discussion, Councilmember Cheek moved to delay action and refer this matter to the Policy Committee for a look at a more reasonable cost and, including revisiting the assessments that have been enacted in those annexed areas. The motion was seconded by Councilmember Ross. City Attorney Bob Cogswell stated that at this point Council does not have the power to revisit any approved assessments unless there was an irregularity and this is not the case. Also, the clock is running on those assessments that have already been approved and Council's action will not stop that clock. Councilmembers Kendrick and Blackwell stated they would have to vote against this motion because they feel Council should not do this for just one subdivision. Mayor Dawkins called for a vote and the motion failed 2 to 7 with Councilmembers Blackwell, McBryde, Bolton, Massey, Torrey and Kendrick voting against. Councilmembers Cheek and Robertson stated they would not be able to vote for the resolution confirming the assessments because they feel the People need some relief from the exorbitant assessments. Councilmember Blackwell moved to adopt the resolutions confirming the assessment rolls and levying assessments, seconded by Councilmember Kendrick and carried 6 to 3 at 8:29 p.m. with Councilmembers Robertson, Cheek and Ross voting in opposition. The resolution titles are as follows: RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (LANSDOWNE ROAD). RESOLUTION NO. R1992-104. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (FARMINGTON STREET). RESOLUTION NO. R1992-105. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (ELSTREE PLACE). RESOLUTION NO. R1992-106. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (DAHLGREN AVENUE). RESOLUTION NO. R1992-107. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (CORNISH STREET). RESOLUTION NO. R1992-108. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1992. 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 south side of Tamarack Drive west of Rosehill Road (SR 1615). (P92-68) This item was presented by Assistant Planning Director Al Mitchell with a recommendation by the Planning Board for denial of the requested rezoning. There was a valid protest petition requiring 3/4 vote of Council to change this zoning. The public hearing was opened at 8:34 p.m. Appearing in favor representing the petitioner Billy Wellons, Jr., was Herb Thorp. Mr. Thorp stated they are requesting C3 because the proposed mini-storage facility is not allowed in the C1P zoning. Mr. Thorp stated that an ideal situation would be if the City had conditional use overlay. Mr. Thorp withdrew the request to rezone to C3 and asked Council to send this back to the Planning staff and Planning Board to have them revisit the possibility of conditional use overlay zoning and the possibility of changing the C1P zoning to include the mini-storage project. Mr. Richard Lewis, attorney representing the owners of the Lake in the Pines Apartments declined to speak in opposition since Mr. Thorp had withdrawn his request to rezone. There being none further to be heard on this matter the public hearing was closed at 8:45 p.m. Following some discussion and upon City Attorney Bob Cogswell's suggestion, Councilmember Ross moved to table the action on case P92-68 until such time that the Planning Board has considered amendment to the C1P zoning to include mini-storage, seconded by Councilmember Robertson. Following further discussion, Mayor Dawkins ruled to allow Dick Lewis to speak on the matter since he withdrew during the public hearing because of the withdrawal of the rezoning request. Mr. Lewis stated that the owners of the apartments are opposed not only to rezoning to C3 but also are opposed to the mini-storage buildings because of the storage of boats and cars on the outside of these buildings. Following further discussion, Councilmember Robertson withdrew his second to Ms. Ross's motion. At this time City Attorney Bob Cogswell stated that he was unaware of this item on the agenda before tonight's meeting and was not aware that the petitioner and property owner lives across the street from Mr. Cogswell, and he has not discussed this with Billy Wellons. Councilmember Robertson moved to deny the rezoning request to C3, seconded by Councilmember Blackwell and carried unanimously. Councilmember Robertson moved to have the Planning staff return with conditional overlay recommendation, seconded by Councilmember Cheek. Councilmember McBryde offered friendly amendment to include the possibility of amending the C1P to include mini-storage. Following some discussion, Councilmember Robertson accepted the friendly amendment. Councilmember Kendrick stated he would have to vote in opposition because he feels this is just a way to get around rezoning. Mr. Dawkins called for the vote and the motion carried 8 to 1 with Councilmember Kendrick voting in opposition. 4. PWC Matters: A. Consideration of contract with SCT Governmental Systems, Inc., and Digital Equipment corporation for in-house computer system. This item was presented by PWC Manager Tim Wood with a recommendation to authorize Mayor and Clerk to execute the contracts. Councilmember Bolton moved to follow the recommendation. seconded by Councilmember Kendrick and carried unanimously. B. Consideration of resolution declaring intent of Council to reimburse PWC from proceeds of tax-exempt financing for construction of a Thermal Energy Storage project at Butler-Warner Generation Plant. This item was presented by PWC Manager Tim Wood with a recommendation to adopt a resolution. RESOLUTION DECLARING ITS INTENTION TO REIMBURSE THE PUBLIC WORKS COMMISSION FROM THE PROCEEDS OF A TAX-EXEMPT FINANCING FOR CERTAIN EXPENDITURES TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND/OR EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS. RESOLUTION NO. R1992-109. Councilmember Kendrick introduced the foregoing resolution and moved its adoption. Seconded by Councilmember Cheek and carried unanimously. C. Consideration of PWC 1992-93 Capital Project Fund. This item was presented by PWC Manager Tim Wood stating that this is to set aside funds already approved. These projects are to be undertaken with revenues on hand and are not in any way connected with the 1990 Revenue Bond Project Fund. PWC recommends approval. Councilmember Torrey moved to approve the PWC 1992-93 Capital Project Fund as recommended. The motion was seconded by Councilmember Ross and carried unanimously. 5. Planning Board Matters: A. Consideration of the rezoning from R10 Residential District to R5A Residential District or to a more restrictive zoning classification for an area located at the northwest corner of Cain Road and Varrene Court. (P92-63) Following some discussion, Councilmember McBryde moved to deny the R5A rezoning request and approve R6, seconded by Councilmember Bolton. During discussion, there were questions raised that needed to be answered by Planning staff and since Mr. Mitchell was not available for this item, Mr. McBryde withdrew his notion. This item will be placed on the agenda for the next regular meeting. 6. Consideration of adoption of Capital Project Ordinance 93-1 (Police Department Headquarters Station and park improvements). This item was presented by City Manager John Smith with a recommendation to adopt the Capital Project Ordinance that appropriates $4 million for a police headquarters and $5 million for parks improvements. This appropriation would be for the transfer of funds from PWC electric utility in the amount of $3 million per year for the next three years. Councilmember Bolton moved to approve $9 million to be received from PWC over a 3-year period in $3 million annual transfer as prescribed for by the City Manager, yet to be discussed for the Capital Projects where these funds are to be allocated. The motion was seconded by Councilmember McBryde. Councilmember Ross asked if the 24,937 customers outside the City have any input for the what the $9 million will be spent for. Mayor Dawkins responded that all customers, City and County, have received approximately $9 million refund. Ms. Ross asked if Council will be doing this again in the next two years because in 1988 $8 million was taken. Mayor Dawkins responded that it was $3 million instead of $8 million. Ms. Ross stated that we needed to consider the failing septic tanks in Hollywood Heights. Mayor Dawkins responded that the County hopes to pass bond issues in these certain areas that need them. Ms. Ross then expressed her concerns about the residents in Eufala Street area at the landfill needing assistance. Mr. Smith responded that the County is being contacted because it is a County landfill. Ms. Ross then asked where the money would come from if we have a natural disaster. The Mayor responded that the City would have to be responsible for finding funds or do bonds. Ms. Ross concluded by asking how will we answer people when they want to know who caused the light bill to go up, because it is going up. Mr. Smith responded that the light bills should not go up because there is a projected surplus in the current budget that should prevent it. Councilmember Robertson requested that the City Manager wait until after the Council's planning retreat to get feedback on where the priorities are for the Capital Projects, not just Police Department and Parks and Recreation. There being no further discussion, Mayor Dawkins called for a vote on the motion and it carried 8 to 1 with Councilmember Ross voting in opposition. 7. (Pulled from the agenda) 8. Consideration of resolution amending policy for disposal of real property. This item was presented by City Manager John Smith stating this is an amendment to the disposal of real property policy because the real estate functions of the Engineering Department have now been assigned to the Real Estate Division of the Community Services Department. RESOLUTION TO AMEND THE POLICY FOR DISPOSAL OF REAL PROPERTY. RESOLUTION NO. R1992-110. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. 9. Consideration of resolutions fixing date of public hearing on question of annexation (five petition-initiated contiguous areas). (Recommended Public Hearing Date is August 17, 1992): A. Perry Property (Cedar Creek Road) B. Country Club North, Section 6, Part A, Phase 3 (Property of March Development Corporation) C. Greystone Farms, Section 2 (Property of Broadwell-Weber Investments) D. Country Club Hills - Remainder of land (Property of Broadwell Land Company and Fayetteville Country Club Hills Homeowners Association) E. McLean and Thompson Property (McArthur Road) These items were presented in the packet by the Deputy City Manager with a recommendation to adopt the resolution setting public hearings for annexation by petition. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO GS 160A-31, AS AMENDED (PERRY PROPERTY-CEDAR CREEK ROAD). RESOLUTION NO. R1992-111. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO GS 160A-31, AS AMENDED (COUNTRY CLUB NORTH, SECTION 6, PART A, PHASE 3 - MARCH DEVELOPMENT CORPORATION PROPERTY). RESOLUTION NO. R1992-112. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO GS 160A-31, AS AMENDED (GREYSTONE FARMS, SECTION 2, - BROADWELL-WEBER INVESTMENTS). RESOLUTION NO. R1992-113. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO GS 160A-31, AS AMENDED (COUNTRY CLUB HILLS - REMAINDER OF LAND, BROADWELL LAND COMPANY AND FAYETTEVILLE COUNTRY CLUB HILLS HOMEOWNERS ASSOCIATION). RESOLUTION NO. R1992-114. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO GS 160A-31, AS AMENDED (MCLEAN AND THOMPSON PROPERTY - MCARTHUR ROAD). RESOLUTION NO. R1992-115. Councilmember McBryde introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Torrey and Ross voting in opposition. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1992. 10. Consideration of award of contract for purchase of Mobile Police Station to Gore Trailer Manufacturing, Inc., lowest responsible bidder. This item was presented by City Manager John Smith stating that this is a custom-built mobile police station with a delivery date of 90 days. He is recommending award of contract to the sole bidder of Gore Trailer Manufacturing, Inc. in the amount of $40,325.40. Councilmember Bolton moved to follow the recommendation to award the contract to Gore Trailer Manufacturing, Inc. in the amount of $40,325.40, seconded by Councilmember Cheek and carried unanimously. 11. Consideration of petition for City acceptance for maintenance of Quiet Cove. This item was presented by City Manager John Smith with a recommendation that Council take no action. Council took no action. 12. Consideration of amendment of Section 10-12 of the Fayetteville City Code. This item was presented in the agenda packet by the City Attorney with the recommendation to adopt the ordinance. AN ORDINANCE AMENDING SECTION 10-12 OF THE CITY CODE OF ORDINANCES (OPENING/CLOSING REGULATIONS - CEMETERY) ORDINANCE NO. S1992-117. Councilmember Blackwell introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing ordinance is on file in the Clerks Office in Ordinance Book S1992. 13. Appointments: A. Election of nominee to Joint Planning Board. Mr. Karl Legatsky was elected to fill the vacancy of Billy Maxwell, Sr., to June 1996. He was elected with five votes and Mr. Jonathan Charleston received four votes. 14. Administrative Reports: A. Update on Fall Planning Retreat Mr. Smith stated that in order to have Dick McMahon and Kurt Jenne as facilitators for the Planning Retreat, their schedule allows for late fall, probably November. Councilmember Blackwell stated that he will need to be excused from the special meeting of August 10, however, he did receive a briefing on the subject from Steve Blanchard of PWC. There being no further business the meeting was adjourned at 9:55 p.m. upon motion and seconded. Approved August 17, 1992 SPECIAL MEETING MINUTES MONDAY, AUGUST 10, 1992 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING MINUTES CITY HALL MULTIPURPOSE ROOM 433 HAY STREET MONDAY, AUGUST 10, 1992 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde (at-large); Robert Massey (District 3); Thelbert Torrey (District 4); and Mark Kendrick (District 6) Absent: Councilmembers Breeden Blackwell (at-large); Nat Robertson (at-large); Tommy Bolton (District 1); Ida Ross (District 2); and Suzan Cheek (District 5) Others Present: John P. Smith, City Manager Tim Wood, PWC Manager Jim Martin, Director of Electrical Services, PWC Steve Blanchard, Director of Electrical Generation, PWC Ray Britt, PWC Finance Director Jimmy Teal, Assistant City Manager, Planning & Development Robert C. Cogswell, Jr., City Attorney Kai Nelson, City Finance Director Robert Williams, Chairman of PWC Commission Lyndo Tippet, Member of PWC Commission Bobby McCoy, Member of PWC Commission Mayor Dawkins called the meeting to order at 7:00 p.m. and recognized Mr. Tim Wood, PWC Manager, for opening discussion. Mr. Wood discussed the long-term outlook for PWC as it pertained to electrical distribution and service. Mr. Wood stressed the significance of reducing the electrical peak. The cost of electricity purchased from CP&L is directly influenced by the peak load used by PWC customers. By keeping the peak as low as possible and not spiking upwards, PWC is able to save thousands of dollars in future billings by CP&L. PWC is currently viewing ways to reduce the peak from both the demand and supply sides. Mr. Wood then introduced Mr. Steve Blanchard from PWC's Electrical Generation Plant to discuss a project to help reduce the amount of money PWC pays CP&L for electricity. Mr. Blanchard explained the gas turbines in the Butler-Warner Electrical Generation Plant could be made more efficient during the summer months if the air flowing into the turbines was cooler. A process called "Combustion Turbine Inlet Air Cooling" could be developed at the plant which could save PWC 4 million dollars per year in cost to CP&L. Mr. Blanchard stated this operation would utilize chilled water flowing through pipes near the air inlet of the turbines which would reduce the air temperature making the operation of the turbines more efficient. By making the turbines more efficient, PWC electrical generation would increase, thus reducing the amount purchased from CP&L. Mayor Dawkins and other members of Council expressed their approval of the project. Mr. Blanchard stated that he hopes to have the project on-line in approximately one year. There being no further business, the meeting was adjourned at 8:15 p.m. upon a motion and a second. Approved September 8, 1992 REGULAR MEETING MINUTES MONDAY, AUGUST 17, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, AUGUST 17, 1992 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): Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Ida Ross (District 2) - excused 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 Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, Traffic Services Director David Nash, Annexation Studies Coordinator Al Mitchell, Assistant Planning Director Tim Wood, PWC Manager Tom McNeill, PWC Property Acquisition Supervisor Henry Powers, PWC Water/Sewer Operations Superintendent 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. Joseph Walker, First Presbyterian 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 to add Item 2I - To approve Minutes of Regular Meeting of August 3, 1992 and 2J - Setting a Public Meeting for September 1 and a public hearing for September 8 for proposed revisions to the Fayetteville Urbanized Area Thoroughfare Plan Map. He also requested to add Item 2K Authorize Readvertisement of Sale of Property located at 331 - 333 Hay Street and add Item 3C - Consideration of Resolution Confirming Assessment Rolls for PWC. Also pull Item 6 from the agenda. Colonel Nagel will be out of town and has requested this be placed on an information meeting agenda. Councilmember Robertson moved to approve the agenda with the changes, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 2. Consent: Mayor Dawkins presented the Consent Agenda and asked if any item should be removed before calling for action. Councilmember Blackwell requested to pull Item H for discussion. Councilmember Robertson moved to approve the Consent Agenda with the exception of Item H after a second from Councilmember Kendrick the Consent Agenda and following items were unanimously approved. A. Adopt Special Revenue Fund Project Amendment Change 92-6 (ORD 92-3) The U.S. Department of Housing and Urban Development has made an additional $2,000 available to the Community Development Block Grant Fund for fiscal year 1992. B. Adopt resolution to acquire an easement (Parcel 3) for the Rivenoak Drive/Regiment Drive Drainage Improvement Project. (Valued at $1,755) RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION R1992-116. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. C. Approve Interlocal Agreement between City of Fayetteville and Cumberland County for improvements at entrance of Bordeaux Library Branch on Village Drive. D. Approve award of contract for Damascus Road Paving and Drainage Project to Crowell Constructors, Inc., low bidder in the amount of $349,297.50. Bids received were as follows: Crowell Construction, Inc. $349,297.50 McDonald Grading Company, Inc. 355,811.25 T.A. Loving Company 374,825.00 City estimate 328,854.50 This project is to be completed by November 20, 1992 and the liquidated damages are fifty cents per day per $1,000 of the bid amount for each day of overrun. E. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing on preliminary assessment roll for Redstone Drive from Dillon Drive to S/E Corner of Lot 4, Plat Book 24/73. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING (SEPTEMBER 21) ON PRELIMINARY ASSESSMENT ROLL FOR REDSTONE DRIVE. RESOLUTION NO. R1992-117. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. F. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing for installation of water and sanitary sewer utilities in the following streets: (PWC) 1. Murchison Road 5. Haven Court 2. Lakecrest Drive 6. Renfrow Drive 3. Oakcrest Drive 7. Country Club Drive 4. Comfy Court RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING (SEPTEMBER 8) ON PRELIMINARY ASSESSMENT ROLL FOR INSTALLATION OF SANITARY SEWER UTILITIES. RESOLUTION NO. R1992-118. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. G. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing for installation of water and sanitary sewer utilities in First Street (SR-2414). (PWC) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING (SEPTEMBER 8) ON PRELIMINARY ASSESSMENT ROLL FOR INSTALLATION OF WATER AND SANITARY SEWER UTILITIES (FIRST STREET). RESOLUTION NO. R1992-119. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. H. (Pulled for discussion) I. Approve minutes of regular meeting of August 3, 1992. J. Set public meeting for September 1, 1992 and set public hearing for September 8, 1992 for proposed revisions to the Fayetteville Urbanized Area Thoroughfare Plan Map. K. Authorize readvertisement of sale of property at 331 - 333 Hay Street. 2H. Approve 1992 Thermal Energy Storage System Bonds Capital Project Fund. This item was pulled by Councilmember Blackwell to ask if this was the same item he was briefed on by Steve Blanchard from PWC. The response was in the affirmative. The source of revenue or of object of expenditure from bond proceeds was in the amount of $15,169,750.00. The expenditures for plant construction (electric), net bond interest costs (to be capitalized), and bond issue costs total $15,169,750.00. At this time Councilmember Bolton moved to excuse Councilmember Ross from the meeting, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 3. Public Hearings: Mayor Dawkins read the policy concerning the time limit for the public hearing speakers as well as the non-public hearing speakers. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 miles per hour for the following streets: 1. Karen Lake Drive 2. Kathy Street 3. Oakwood Street Mayor Dawkins opened the public hearing at 7:14 p.m. and there being none to speak in favor or opposition the public hearing was closed. Councilmember Kendrick moved to approve the speed limit of 25 miles per hour as requested, seconded by Councilmember Bolton and carried unanimously 8 to 0. 4. Palomar Street The public hearing was opened at 7:15 p.m. and speaking in favor was Richard H. Earle, 313 Palomar Street, stating that the traffic usually travels 45 to 50 miles per hour on this cut through, which endangers the children and requested that Council approve this speed reduction. There being none further to be heard on this matter the public hearing was closed at 7:17 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL). ORDINANCE NO. NS-92-031. Councilmember Kendrick moved to adopt the foregoing ordinance changing the speed limit to 25 miles per hour for Karen Lake Drive, Kathy Street, Oakwood Street and Palomar Street. The motion was seconded by Councilmember McBryde and carried unanimously 8 to 0. B. Consideration of adoption of ordinances to extend the corporate limits of the City of Fayetteville, N.C., for the following: (petition-initiated areas) 1. McLean and Thompson Property (McArthur Road) Deputy City Manager Roger Stancil presented the annexation report and mentioned the Impact Study Report by Fort Bragg and the potential impact of noise and accidents in the McLean and Thompson property area. Also the Proposed Outer Loop highway will cross an outer portion of this property. The recommendation was that Council adopt the annexation ordinances for each of the five areas with an effective date of August 31, 1992, and that Council should ask the planning board staff to review the measures recommended in the Joint Compatible Land Use Policy Report. The Planning Board staff should then make recommendations to the City Council regarding which measures should be adopted by the City. City Manager John Smith stated he had received a phone call from Mr. McLean requesting a continuance of the public hearing since he was unable to be at tonight's meeting and wanted to check further into the Joint Compatible Land Use study. Mr. Smith recommended to Council that the public hearing be opened since it was advertised but he saw no reason that it could not be continued. Following discussion on the report, the public hearing was opened at 7:33 p.m. Mr. Glen Prillaman, Chief Master Planning, Ft. Bragg, appeared stating they have no recommendation for or against annexation; however, they did request that if this property is annexed, they follow the guidelines that are contained in the Joint Compatible Land Use Policy Report in the initial zoning. They did recommend that residential zoning not be allowed due to the potential accidents and noise in that area. Mr. Prillaman stated that if the City felt it needs to be residential zoning they recommend one residence per acre. There being none further to be heard on this matter at the meeting Councilmember Cheek moved to continue the public hearing to September 8, seconded by Councilmember Blackwell and carried 7 to 1 with Councilmember Torrey voting in opposition. 2. Country Club North, Section 6, Part A, Phase 3 (Property of March Development Corporation The public hearing was opened at 7:39 p.m. and there being none to speak in favor or opposition the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (COUNTRY CLUB NORTH) ANNEXATION ORDINANCE NO. 92-08-352. Councilmember Bolton moved to adopt the foregoing ordinance, seconded by Councilmember Kendrick and carried 6 to 2 with Councilmembers Torrey and Massey voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1992. 3. Greystone Farms, Section 2 (Property of Broadwell-Weber Investments) The public hearing was opened at 7:40 p.m. and there being none to speak in favor or opposition the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (GREYSTONE FARMS, Section 2). ANNEXATION ORDINANCE NO. 92-08-353. Councilmember McBryde moved to adopt the foregoing ordinance, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Torrey voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book No. 1992. 4. Country Club Hills - Remainder of land (Property of Broadwell Land Company and Fayetteville Country Club Hills Homeowners Association) The public hearing was opened at 7:41 p.m. and there being none to speak in favor or opposition the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (COUNTRY CLUB HILLS). ANNEXATION ORDINANCE NO. 92-08-354. Councilmember Kendrick moved to adopt the foregoing ordinance, seconded by Councilmember Cheek and carried 6 to 2 with Councilmembers Torrey and Massey voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book No. 1992. 5. Perry Property (Cedar Creek Road) The public hearing was opened at 7:42 p.m. Mr. Luther Packer, petitioner, requested that Council approve this annexation enabling then to build a nice subdivision in this area. There being none further to be heard on this matter the public hearing was closed at 7:44 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (PERRY PROPERTY). ANNEXATION ORDINANCE NO. 92-08-355. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book No. 1992. Councilmember McBryde moved to adopt the foregoing ordinance, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Torrey voting in opposition. At this time Councilmember Cheek moved to approve the recommendations in the Annexation Report that the effective dates be August 31 and that the Planning Board staff review the measures recommended in the Joint Compatible Land Use Policy Report, and return to Council with the recommendations. The motion was seconded by Councilmember Blackwell and carried 7 to 1 with Councilmember Torrey voting in opposition. C. Consideration of resolution confirming assessment roll and levying assessments for installation of sanitary sewer colleciton system into the following streets: 1. Hearthstone Drive 5. Old Gate Road 2. Onie Court 6. Docia Circle 3. Morganton Road 7. Meritt Drive 4. Mawood Avenue 8. Pamalee Drive This item was presented by Tom McNeill and Henry Powers from PWC. The public hearing was opened at 7:47 p.m. There was none to speak in favor. Appearing in opposition was Mr. Hubert Nobles, 111 Hearthstone Drive, asking that the public hearing be continued because it was omitted from the agenda published in yesterday's newspaper; therefore, a number of the area residents were not available for tonight's meeting to protest against the $12.00 per linear foot assessment. There being none further to be heard on this subject the public hearing was closed at 7:50 pm. Councilmember Cheek moved to continue this public hearing to September 8 for the eight streets listed and to publicize through a display ad, seconded by Councilmember Massey. City Attorney Bob Cogswell informed the Council and audience that the agenda that is printed in the Sunday paper is for a courtesy and not required by law. If Council approves this motion the display ad would be to clear up the confusion because the legal notices had been sent out to all property owners as required. Mr. Cogswell stated that they tried to have the newspaper have this item added to the agenda on Friday following notification to the staff, however, the newspaper stated it was too late. Councilmember Massey withdrew his second. Councilmember McBryde then seconded the motion. Mayor Dawkins called for a vote on the motion and it carried unanimously 8 to 0. Mayor Dawkins then offered the opportunity for anyone to speak on any of the eight streets that would not be able to return on September 8 and there was no one to speak. 4. Planning Board Matters: A. Consideration of the rezoning from R10 Residential District to R5A Residential District or to a more restrictive zoning classification for an area located at the northwest corner of Cain Road and Varrene Court. (P92-63) This item was presented by Al Mitchell, Assistant Planning Director, stating that there have been no appeals for this item and the Planning Board recommends denial of R5A and approval of R6 zoning. Following some discussion, Councilmember Kendrick moved to set a public hearing for September 21, seconded by Councilmember Cheek and carried unanimously 8 to 0. B. Consideration of the rezoning from P2 Professional District or to a more restrictive zoning classification for an area located at 104 Willborough Avenue. (P92-64) Discussion established that this had been denied for rezoning last year and is coming before Council again. Councilmember Kendrick moved to set a public hearing for September 21, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Blackwell voting in opposition. C. Consideration of the initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located at 1802 Shaw Road. Being all of Annexation No. 92-6351 known as Pepperidge Mobile Home Park. This item was presented in the agenda packet by Al Mitchell, Assistant Planning Director with recommendation for approval by the Planning Board. Councilmember Bolton moved to follow the recommendation and approve the initial zoning as requested, seconded by Councilmember Cheek and carried unanimously 8 to 0. 5. PWC Matters: A. Consideration of bid award for purchase of fifty (50) 50 kVa CSP Transformers to National Transformer Sales low evaluated bidder in the amount of $44,500.00. Bids received are listed as follows: National Transformer Sales $44,500.00 Eastern Electric 45,500.00 Hesco, Inc. 42,750.00 Power & Telephone 39,750.00 Tennessee Valley 40,250.00 WESCO 42,150.00 Power Supply 59,750.00 Rigby Electric 60,100.00 Councilmember Bolton moved to award the contract to the low evaluated bidder, seconded by Councilmember Torrey and carried unanimously 8 to 0. B. Consideration of bid award for purchase of two (2) 1000 kVa Padmounted Transformers to Tennessee Valley Electric Supply low evaluated bidder in the amount of $22,230.00. Bids received are listed as follows: Tennessee Valley Electric Supply $22,230.00 Eastern Electric 22,724.00 Hesco, Inc. 26,162.00 WESCO 23,054.00 Power Supply 29,352.00 Rigby Electric 29,498.00 Councilmember Robertson moved to award the contract to the low evaluated bidder as recommended, seconded by Councilmember Bolton and carried unanimously 8 to 0. C. Consideration of bid award for purchase of twenty-three (23) 100 kVa Padmounted Transformers to National Transformer Sales low evaluated bidder in the amount of $34,914.00. Bids received are listed as follows: National Transformer Sales $34,914.00 Eastern Electric 43,539.00 Hesco, Inc. 35,420.00 WESCO 44,022.00 Power Supply 53,245.00 Rigby Electric 51,198.00 Councilmember Robertson moved to award the contract to the low evaluated bidder as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0. D. Consideration of approval of bid award for prefabricated cable trench material for Reilly Road Switching Station and Waters Edge Substation to Eastern Electric, sole bidder in the amount of $41,040.39. (PWC) PWC Manager Tim Wood stated this was awarded to the sole bidder with the bond because of this being high voltage. Councilmember Robertson moved to follow the recommendation to award the contract to the sole bidder as recommended, seconded by Councilmember Massey and carried unanimously 8 to 0. E. Consideration of bid awards for construction of Electric Meter Shop. The bid tabulations are attached to and made a part of these minutes. The awards of contract recommendations are as follows: General Construction Ellis Walker Builders, Inc. $473,733.00 Plumbing Construction Town & Country Plumbing 38,900.00 Mechanical Construction Bass Air Conditioning Company, Inc. 74,000.00 Electrical Construction Watson Electrical Construction Company 46,500.00 Councilmember Robertson moved to follow the recommendation to award the contracts, seconded by Councilmember Kendrick and carried unanimously 8 to 0. F. Consideration of bid awards for PWC Main Office renovations. Bid tabulations are attached and made a part of these minutes. Recommendations for the award of contract are as follows: General Construction Player, Inc. $230,200.00 Plumbing Construction Coffman Plumbing 18,282.00 Mechanical Construction Bass Air Conditioning Company, Inc. 40,562.00 Electrical Construction E.B. Davis Electric, Inc. 33,900.00 Councilmember Bolton asked Mr. Wood why they are planning office renovations since they plan to build a new office complex. Mr. Wood responded that it would probably be three to five years before they are able to move to a new location and the space is needed for customer-oriented areas and for training. Following discussion, Councilmember Cheek moved to award the contracts as recommended, seconded by Councilmember Torrey and carried 7 to 1 with Councilmember Robertson voting in opposition. G. Consideration of bid awards for Raeford Road and (New) Wilmington Road Substations Construction Labor. Bid tabulations are attached to and made a part of these minutes. Recommended bid awards are as follows: Schedules 1 and 2: Substation Construction: Stackhouse, Inc. $302,868.00 Schedules 3 and 4: Transmission Taps and Distribution Circuits: Weeks Construction Company 115,856.77 Councilmember Robertson moved to award the contracts as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 6. Consideration of request to appear before City Council from General Joseph Nagel representing Habitat for Humanity (pulled from agenda). 7. Consideration of approval of longevity increment increases for City Manager and City Attorney. Councilmember McBryde moved to approve the longevity increment increases for the City Manager and City Attorney as requested, seconded by Councilmember Cheek and carried unanimously 8 to 0. 8. Consideration of adoption of Budget Ordinance Amendment 93-2 and Capital Project Ordinance 93-1. This item was presented by City Manager John Smith stating that this concerns the transfer of PWC funds to capital projects over the next three years. Without any specific appropriations, no funds can be spent for site analysis for police headquarters or design work on any parks improvements. He presented three options as follows: 1. Adopt CPO 93-1 and Budget Ordinance Amendment 93-2 as recommended in Council's last agenda packet. This appropriates $4 million to Police Headquarters and $5 million to parks improvements, per his previous recommendation. 2. Adopt Budget Amendment 93-2 and an alternative Capital Project Ordinance 93-1A, which appropriates design money only for these projects. 3. Adopt Budget Amendment 93-2 and an alternate capital project ordinance 93-1B appropriating funds to the Police Headquarters only, which would allow work to begin on site analysis and selection for the Police Headquarters, but not on any parks projects. Mr. Smith recommended option no. 1. Councilmember Robertson moved to approve option no. 3, seconded by Councilmember Kendrick. Councilmember Torrey offered substitute motion to approve option 1 as recommended by the City Manager, seconded by Councilmember McBryde. Following lengthy discussion, Mayor Dawkins called for the vote and the motion carried 5 to 4 with the Mayor breaking a tie. Those voting in opposition were Councilmembers Blackwell, Kendrick, Robertson and Cheek. 9. Administrative Reports: A. Statement of taxes collected for month of July, 1992, from Cumberland County Tax Collector in the amount of $47,320.47. At this time Councilmember Rlackwell requested that the City Manager check with the department heads to see if they would endorse Council recognizing outstanding City employees at every Council meeting. Councilmember Kendrick requested to have Council's Street Committee look at alternative ways to make Marlboro Road safer for vehicles and pedestrians. Councilmember McBryde moved to follow the recommendations, seconded by Councilmember Bolton and carried unanimously 8 to O. There being no further business, the meeting was adjourned upon motion and seconded at 8:31 p.m. Approved September 8, 1992 Please Note: To view the table of bids for PWC Electric Meter Shop, please see Book Y, page 202 of the City of Fayetteville Meeting Minutes. INFORMATION MEETING MONDAY, AUGUST 24, 1992 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, AUGUST 24, 1992 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde, Nat Robertson, Jr., Tommy Bolton, Ida Ross (arrived at 7:10 p.m.), Robert A. Massey, Jr., Thelbert Torrey, Suzan Cheek, Mark Kendrick 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 Jerome Brown, Transit Director Louis Chalmers, Traffic Engineer Tom Ray, Airport Manager George Vaughan, Planning Board Director The invocation was offered by City Manager John Smith followed by the Mayor leading the Pledge of Allegiance to the American Flag. Upon motion by Councilmember McBryde, seconded by Councilmember Robertson, Council voted unanimously to approve the agenda. Upon motion by Councilmember Torrey, seconded by Councilmember Kendrick, Council voted unanimously to excuse Councilmember Ross. The City Manager presented an application from the Fayetteville Generals for a fireworks display permit on September 5, 1992, at J.P. Riddle Stadium. The Fire Chief and the City Manager recommended the approval of this request. Upon motion by Councilmember Robertson, seconded by Councilmember Kendrick, Council voted unanimously to approve the permit City Manager John Smith reported there had been no further upset bids received within the time allotted for the sale of property at 331-333 Hay Street. The last and highest bidder on the property is Inge Gaspar in the amount of $12,250.00. The City Manager recommended that the Council approve a resolution authorizing the sale of City of Fayetteville property. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, Council voted unanimously to adopt the resolution. The resolution title is as follows: RESOLUTION AUTHORIZING SALE OF CITY PROPERTY. RESOLUTION NO. R1992-120. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1992. City Manager John Smith presented to the Council a recommendation that the roll-out disposal fee for apartments and mobile home parks be increased from $25.00 per year to $29.00 per year. This increase would track the increase implemented by Cumberland County on residential households from $25.00 to $29.00 effective July 1, 1992. This fee would also track the increase in per ton disposal fee at the landfill from $25.00 to $29.00 effective July 1, 1992. Upon motion by Councilmember Robertson, seconded by Councilmember Kendrick, Council voted unanimously to establish the roll-out disposal fee for apartments and mobile home parks at $29.00 per year. Mayor Dawkins recognized City Manager John Smith who outlined a schedule for the presentation of existing plans to the Council in preparation for their planning retreat on December 4 and 5. The City Manager then outlined the transportation planning process for the City of Fayetteville. (Councilmember Ross arrived) City Manager John Smith recognized Airport Manager Tom Ray who presented the Airport Master Plan. After Mr. Ray's presentation, Jerome Brown, Transit Director, discussed the planning process for public transportation projects. After Mr. Brown's presentation, Louis Chalmers, Traffic Engineer, presented the City's thoroughfare plan. He also discussed the thoroughfare planning process and future issues in transportation planning. The Mayor recognized George Vaughan, Planning Board Director, for a discussion of conditional use zoning. City Attorney Bob Cogswell stated that in the case of J.P. McGuinness vs the City of Fayetteville, City Manager John Smith and Police Chief Ron Hansen had requested that they be represented by Mr. Phillip Van Hoy. He also stated that Captain Sam Sessoms and Lieutenant Burton Hyde had requested they be represented by Attorney Bob Deaver. Mr. Cogswell recommended that these requests be approved and that the City of Fayetteville also employ Phillip Van Roy to represent the City. Compensation for both of these attorneys would be $125.00 per hour. Upon motion by Councilmember Bolton, seconded by Councilmember McBryde, Council voted unanimously to adopt the City Attorney's recommendation. There being no further business, the meeting was adjourned. Approved September 8, 1992 REGULAR MEETING MINUTES MONDAY, SEPTEMBER 8, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, SEPTEMBER 8, 1992 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 Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Richard Hererra, Community Services Director Mike Walker, City Engineer Gerald Croll, Engineer II David Nash, Annexation Studies Coordinator Craig Hampton, Purchasing Agent Louis Chalmers, Traffic Engineer Robert Barefoot, Parks and Recreation Director Al Mitchell, Assistant Planning Director Rick Heicksen, Transportation Planner III Tom McNeill, PWC Property Acquisition Supervisor Henry Powers, PWC Water/Sewer Operations Superintendent 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. Richard Byrd, Emanual Baptist Church, 219 Hull Road, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. At this time Mayor Dawkins asked City Manager John Smith for an update on the City bus accident of this morning. Mr. Smith reported that the City bus driver had appeared to black-out and lose control of the bus on Robeson Street causing damage to the Santa Fe Restaurant and a parked vehicle, jumped a railroad track and came to rest against a church. The passengers and driver were taken to Cape Fear Valley Hospital and the accident is still under investigation. 1. Approval of Agenda City Manager John Smith requested to have Item 4 deferred to the September 21 meeting to allow staff to work with the citizens on Englewood Drive. Councilmember Bolton moved to approve the agenda with Item 4 being deferred as requested, 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 H for discussion. Councilmember McBryde moved to approve the Consent Agenda with exception of Item H. After a second from Councilmember Bolton the Consent Agenda and following items were unanimously approved. A. Approve minutes of information meeting of July 27, 1992. B. Approve minutes of special meeting of August 10, 1992. C. Approve minutes of regular meeting of August 17, 1992. D. Approve minutes of information meeting of August 24, 1992. E. Approve tax refunds over $100: Please Note: To view the tax refund table, please see Book Y, page 206 of the City of Fayetteville Meeting Minutes. F. Set public hearing for October 5, 1992, to consider the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at the northwest corner of the intersection of Chloe Street and Ramsey Street (US 401 North). (P92-89) G. Set public hearing for October 5, 1992, to consider the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located on the southeast corner of the intersection of Barrington Cross and Bragg Boulevard. (P92-95) H. (Pulled for discussion) I. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing on preliminary assessment roll for paving on Windemere Drive (from Cliffdale Road to Cornish Street). RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING (SEPTEMBER 21, 1992) ON PRELIMINARY ASSESSMENT ROLL FOR PAVING ON WINDEMERE DRIVE (FROM CLIFFDALE ROAD TO CORNISH STREET). RESOLUTION NO. R1992-121. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. J. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing (September 21) on preliminary assessment roll for installation of sanitary sewer collection system in University Estates: (PWC). 1. Spellman Drive Demerest Drive 2. Fiske Drive Meharry Drive 3. Livingston Drive Shrewsbury Drive 4. Shaw Road Shaw Mill Road 5. Edmeston Drive RESOLUTION DECLARING COST AND ORDERING OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR INSTALLATION OF SANITARY SEWER UTILITIES. RESOLUTION NO. R1992-122. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. K. Approve modified agreement for State Aid Project 9.9544901 (AIP-12) at Fayetteville Regional Airport. This agreement increases the State participation in the programs: (1) construction of fire training facility; (2) rehabilitate fire vehicle; (3) land acquisition and (4) environmental assessments for Highway 301. RESOLUTION WHEREAS, a grant in the amount of $201,787 has been approved by the Department based on a total estimated cost of $4,035,749 and WHEREAS, an amount equal to or greater than 50% of the non-federal share of the total project cost has been appropriated by the sponsor for this project. NOW, THEREFORE, BE AND IT IS RESOLVED THAT THE Mayor of the Sponsor be and he hereby is authorized as 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. L. Adopt resolution authorizing sale of property to Prince Charles Hotel Management Company, Inc. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1992-123. A copy of the foregoing resolution is on file in the Clerk's office in resolutions Book R1992. 2H. Adopt Special Revenue Project Ordinance 93-1 and Budget Ordinance Amendment 93-4. The grant requires the City to provide a local match in the amount of $24,231, resulting in a total project appropriation of $69,231. The goal of the program is to improve the overall treatment of victims of crime through enhanced and increased crisis intervention and support services. Councilmenber Cheek requested a briefing on this item at another date. Councilmember Cheek moved to adopt the Special Revenue Project Ordinance and Budget Ordinance Amendments as requested, seconded by Councilmember McBryde and carried unanimously. 3. Public Hearings: Mayor Dawkins read the public hearing policy for the time limit for public hearing and non-public hearings. A. Consideration of adoption of ordinance to extend the corporate limits of the City of Fayetteville, N.C., for the following: (petition-initiated contiguous annexation area) (Public Hearing continued from August 17, 1992) This item was presented by Deputy City Manager Roger Stancil with a recommendation that the annexation ordinance be adopted with an effective date of September 30, 1992. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:15 p.m. and speaking for the petitioner was Attorney Stacy Weaver. He stated that the rights of the private land owner should he considered. They are concerned with the peripheral issues which have been developed by the Joint Compatible Land Use policy, which has been adopted in concept by Council. This policy has been funded by the Department of Defense. There are certain restrictions placed on properties which adjoin Simmons Airfield so there would he no development beyond one dwelling per acre in one case, and another case would be for one dwelling per five acres. He stated he felt these tight restrictions would border on what would be excessive regulations restricting economical valuable use of the property by the owner. This amounts to a taking and is contestable if a City or other authority tries to do that. Mr. Weaver stated that the property owners want to be annexed and maintain the present zone. He requested that if Council might consider adopting the Land Use policy, they would like to be heard on this matter. Appearing in opposition was Glenn W. Prillaman, Chief, Master Planning Branch, Ft. Bragg. He stated that after reading the annexation reports and careful consideration, Ft. Bragg is opposed to annexation because of the reason the property is being annexed. The developers clearly proposed to develop this property for single family residential subdivisions. These properties fall within Noise and Accident-potential Zone 2 for Simmons Army Airfield. Noise Zone 3 has the possibility of health injury to due to prolonged exposure to relatively high levels of helicopter noise. Ft. Bragg feels McLean and Thompson Properties represent the worst case situations from Ft. Bragg's point of view in this study. He cited some of the many disadvantages to Cumberland County should Ft. Bragg and Simmons Air Force Base leave the area. The studies and guidelines indicate that this area is not suitable for housing. He continued by stating that they are concerned with not only the quality of life and health of the families who will live there but also the substantial noise complaints in the future and possibly the loss of life in the accident-potential zones. Mr. Prillaman stressed the possibility of the military missions going away and concluded by asking Council to carefully consider this matter. Mayor Dawkins then asked Al Mitchell what could be done with this property while it is in the County. Mr. Mitchell responded that under the PND zoning, if the property owner submitted a site plan meeting all the criteria, they could have commercial area up to 10%, plus they could average six units per acre on the remaining portion after they deducted 25% for open space. This can be done whether they are annexed or not. At this time Mr. Weaver was recognized on rebuttal and asked for a sense of fair play and that is if they are damaged, that they be compensated for that. There be none further to be heard on this matter the public hearing was closed at 7:38 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NC (MCLEAN AND THOMPSON PROPERTY - MCARTHUR ROAD). ANNEXATION ORDINANCE NO. 92-9-356. Councilmember McBryde moved to adopt the foregoing annexation ordinance, seconded by Councilmember Cheek. There was some discussion from Councilmembers including Councilmember Massey's concern with the accident possibility which would keep him from voting in favor of this annexation. Following the discussion, Mr. Smith explained that the issue is not whether the property can be developed, but whether it will be developed inside the City with the City street standards or if it will be developed while still in the County. The concerns mentioned in the Annexation Report was to make Council aware that for the first time there would property, if annexed, in the City that falls within the areas discussed in the plan. Mayor Dawkins called for the vote and the motion carried 6 to 3 with Councilmembers Ross, Torrey and Massey voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1992. B. Consideration of resolution confirming assessment roll and levying assessments for installation of sanitary sewer collection system into the following streets: (PWC) (Public Hearing continued from August 17, 1992) This item was presented by Tom McNeill and Henry Powers of PWC. Mayor Dawkins ruled that all streets would be heard before action is taken. 1. Hearthstone Drive The public hearing was opened at 7:54 p.m. There were none to appear in favor. Appearing in opposition was Hubert A. Noble, 111 Hearthstone Drive, stating that he owned property on three of the streets up for public hearings tonight and would combine his concerns at this time. Mr. Noble requested that Council lower the assessment from $12 to $6 per front foot. The reason he stated is because the projected cost at the time they were annexed, against their wishes, was $23 per foot, making it $8 per house on each side of the street and $8 for PWC's share. Because PWC misprojected their cost, they came up with a $12 per foot figure, he continued. Mr. Noble stated that the City was also 45 days late giving notice for the contractor to proceed, the Cliffdale water line was not available until January 1991, the water and sewer line plan was changed after the work was in progress and this should have resulted in a penalty to the contractor. He continued by saying that PWC only applied $2,500 against the cost of the sewer construction. He felt that PWC has not been undercharging for services or they would not access money built up. Mr. Noble stressed the fact that the neighborhood has endured the misery of dust, mud, noise and hassle for months while these projects were in progress. Therefore, reduction or even forgiveness of the assessment would be small restitution. Mr. Noble concluded by stating that Council should not "rubber stamp" these $12 assessments and should do what is fair for the people in those subdivisions. Mayor Dawkins responded that there was $9 million refunded to the people who use Public Works before any money was transferred. There being none further to be heard on this matter, the public hearing was closed at 8:03 p.m. and Mayor Dawkins stated that all the Public Works Commission assessment public hearings would be heard before action was taken tonight. 2. Onie Court The public hearing was opened at 8:15 p.m. and there being none to be heard in favor or opposition the public hearing was closed. 3. Morganton Road The public hearing was opened at 8:15 p.m. There was none to be heard in favor and Mr. Tony Noble declined to speak since he had made his presentation at Item 3B. 4. Mawood Avenue The public hearing was opened at 8:16 p.m. and there being none to be heard in favor or opposition the public hearing was closed. 5. Old Cite Road The public hearing was opened at 8:17 p.m., there was none to be heard in favor and Mr. Tony Noble declined to speak on this matter since he had made his presentation at Item 3B. 6. Docia Circle The public hearing was opened at 8:18 p.m. and there was none to be heard in favor. Appearing in opposition was Ms. Lisabeth Leddin, 6423 Docia Circle. She stated that the sewer line installed behind her property lowered the grade of the property creating a swamp and resulted in several large trees dying. The workmen brought in sand by wheelbarrow and the condition of her property was in such a state she was unable to leave her property without having bulldozers called in month after month. She stated she feels her property was severely damaged by this project and she should not have to pay $12 per foot for this project. Councilmember Massey asked Ms. Leddin if she had contacted PWC concerning her problem and she responded that she had not done this but waited for tonight's hearing to bring the matter up. Mr. McNeill stated to Ms. Leddin that if she had contacted them at PWC they would have attempted to alleviate her problem the best they could. Mayor Dawkins instructed PWC and Engineering staff members to contact these residents to assist in whatever way they can. Phillip Knight, 5427 Docia Circle, appeared in opposition asking how long the $12 per foot had been in effect. Henry Powers responded the new rate began July 1, 1992. Mr. Knight stated he felt that since they were annexed in 1988, this new rate of $12 per foot was set four years later. John Smith responded that the old rate would have been for 1/3 of the cost making it much more than $12 per foot. There being none further to be heard on this matter the public hearing was closed at 8:29 p.m. 7. Merritt Drive The public hearing was opened at 8:29 p.m. and there was none to be heard in favor. Appearing in opposition was Joseph Bucca, 5227 Merritt Drive. He echoed what Tony Noble had previously stated and asked about the 30 day discount. The City Attorney explained the time limit for the 30-day discount. There being none further to be heard on this matter the public hearing was closed at 8:31 p.m. 8. Pamalee Drive The public hearing was opened at 8:31 p.m. and there being none to be heard in favor or opposition to this matter the public hearing was closed. Mayor Dawkins then asked for Council action. Councilmember Cheek stated that, since these people have endured hardships and problems for months and months during this project, damages are due these people. She stated she felt that a fair way of doing it would be to move to adopt the assessment roll reducing the cost to the owners in this area to $9 per foot for Item 3B 1-8, seconded by Councilmember Robertson. Following some discussion it was determined that the Pamalee Drive area was not included in this hardship, therefore, Dr. Cheek amended her motion to exclude Item 3B8. Councilmember Kendrick asked if this motion passes, how will it effect the past assessments where there were problems also. Mr. Cogswell responded that once the rates have been adopted Council cannot go back and change them. Councilmember Massey stated he feels that these people have the same opportunity to have PWC correct the situation with their properties as the property owners in the past. Councilmembers Blackwell, Kendrick and Torrey stated they would not be able to support the motion because the reduction was not afforded the property owners in the past who have also had problems. Councilmember Cheek stated she wanted to clarify that the purpose of her motion was because of the inordinate delays and the penalty clauses in this neighborhood and not because this neighborhood should not pay as other neighborhoods, all things being equal, but things were not equal and it was very devastating in that neighborhood. Mayor Dawkins called for the vote on the motion by Dr. Cheek, seconded by Mr. Robertson, which was to adopt the assessment resolution with $9 per foot for the seven streets. The motion carried 5 to 4 with Councilmembers Blackwell, Kendrick, Torrey and Massey voting in Opposition at 8:46 p.m. The resolution titles are as follows: RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (HEARTHSTONE DRIVE). RESOLUTION NO. R1992-124. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (ONIE COURT). RESOLUTION NO. R1992-125. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (MORGANTON ROAD). RESOLUTION NO. R1992-126. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (MAWOOD AVENUE). RESOLUTION NO. R1992-127. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (OLD GATE ROAD). RESOLUTION NO. R1992-128. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (DOCIA CIRCLE). RESOLUTION NO. R1992-129. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (MERRITT DRIVE). RESOLUTION NO. R1992-130. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1992. 3B-8. Pamalee Drive RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-131. Councilmenber Bolton moved to adopt the foregoing resolution at $12 per foot assessment, seconded by Councilmember Robertson and carried unanimously at 8:47 p.m. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. C. Consideration of adoption resolutions confirming assessment rolls and levying assessments for installation of sanitary sewer collection system in the following streets: (PWC) This item was presented by PWC staff Tom McNeill and Henry Powers. This is the advertised public hearing for this date and hour. Mayor Dawkins ruled that all seven public hearings would be heard before action is taken. 1. Murchison Road The public hearing was opened at 8:56 p.m. and there being none to be heard in favor or Opposition the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-132. 2. Lakecrest Drive The public hearing was opened at 8:57 p.m. and there was none to speak in favor. Appearing in opposition was Irene Kinard, 1628 Barber Avenue, property owner of 3141 Lakecrest Drive. She stated she felt that the $12 assessment was too high and if the City could afford to give a 30% discount to anyone paying within 30 days she felt like they could afford to reduce the assessment rate. There being none further to be heard on this matter the public hearing was closed at 8:58 p.m. Councilmember Kendrick asked Ms. Kinard if they had had any problems with the project. She responded that she was unaware of any problems because this was a rental house. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-133. 3. Oakcrest Drive The public hearing was opened at 8:59 p.m. and there being none to be heard in favor or opposition the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-134. 4. Comfy Court The public hearing was opened at 8:59 p.m. and there being none to be heard in favor or opposition the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-135. 5. Haven Court The public hearing was opened at 8:59 p.m. and there being none to be heard in favor or opposition the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. 1992-136. 6. Renfrow Drive The public hearing was opened at 8:59 p.m. and there being none to be heard in favor or opposition the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-137 7. Country Club Drive The public hearing was opened at 8:59 p.m. and there being none to be heard in favor or opposition the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-138. Councilmember Robertson moved to adopt the foregoing seven resolutions setting the assessment at $12 per front foot, seconded by Councilmember Ross and carried unanimously at 9:00 p.m. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1992. D. Consideration of adopting resolution confirming assessment roll and levying assessments for installation of water distribution main and sanitary sewer collection system in First Street (formerly SR-2414). (PWC) This item was presented by PWC staff with the recommendation to adopt the resolution. This is the advertised public hearing for this date and hour. The public hearing was opened at 9:01 p.m. and there being none to be heard in favor or opposition the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENT FOR INSTALLATION OF WATER DISTRIBUTION MAIN AND SANITARY SEWER COLLECTION SYSTEM. RESOLUTION NO. R1992-139. Councilmenber Bolton moved to adopt the foregoing resolution setting the assessment at $12 per front foot, seconded by Councilmember Robertson and carried unanimously at 9:01 p.m. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. E. Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located on tide east side of Rosehill Road (SR 1615) and the west side of Rosehill Road Extension, between Dowfield and Rutledge Drives (P92-73). This item was presented by Al Mitchell with a recommendation from the Planning Board for denial because it is not in accordance with the plan for the area. This is the advertised public hearing for this date and hour. Councilmember McBryde asked if this was considered spot zoning and Mr. Mitchell responded that he believed it is spot zoning. The City Attorney responded that this would be illegal spot zoning. The public hearing was opened at 9:04 p.m. and speaking in favor was Dan McGinley, petitioner, 3694 Rosehill Road. He has been operating a small real estate business out of his home because of an illness. Mr. McGinley stated that he was told by the Planning Department when he applied for the rezoning that they saw no problem with the P2 zoning for that location. Mr. McGinley requested that Council reconsider their term "spot zoning." He feels this is buffer zoning between residential and commercial. The City Attorney defined the meaning of spot zoning and explained why this constitutes spot zoning in his opinion. Appearing in opposition was Reda Weller, 914 Drew Court, Linda Zachary, 908 Wickham Drive, and Larry Holcolm, 612 Dowfield Drive, all stated they feel this area is residential and should remain residential and that Mr. McGinley purchased this property with the intention of selling real estate and has been doing so illegally. They do not want this area opened up to businesses. There being none further to be heard the public hearing was closed at 9:21 p.m. Councilmember McBryde moved to deny the request for rezoning, seconded by Councilmember Blackwell and carried unanimously. Councilmember Cheek requested that the Planning Department submit a copy of the regulations for posting notices on proposed rezoning properties. F. Consideration of amendments to the Fayetteville Urban Area Thoroughfare Plan. This item was presented by the Traffic Engineer Louis Chalmers who recognized the Planning Department's staff who has worked on this project, Rick Heicksen and Karen Lincoln and Laura Rice, NCDOT Thoroughfare Planner from Raleigh. The Planning Board staff held a public meeting on September 1, 1992, and they advised there were no adverse comments that could recommend a change in the Thoroughfare Plan. This is the advertised public hearing for this date and hour. The public hearing was opened at 9:26 p.m. and there being none to be heard in favor or opposition the public hearing was closed. RESOLUTION AMENDING FAYETTEVILLE URBAN AREA THOROUGHFARE PLAN. RESOLUTION NO. R1992-140. Councilmember Bolton moved to adopt the Fayetteville Urban Area Thoroughfare Plan amendment as recommended, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. 4. Consideration of paving Englewood Drive from Cedar Creek Road to Dead End. (Continued from July 6, 1992) This item was deferred until the September 21 meeting. 5. Consideration of a resolution of the City Council of the City of Fayetteville directing the filing of an application for approval of the issuance of Public Works Commission electric, water and sewer utilities revenue bonds with the North Carolina Local Government Commission and designating the bond financing team members. Councilmember Bolton requested to be excused from discussion or voting on this item as required by law. Councilmember McBryde moved to excuse Councilmember Bolton as requested, seconded by Councilmember Cheek and carried unanimously. This item was presented by the City Manager John Smith with a recommendation of adoption of the resolution. RESOLUTION DIRECTING THE FILING OF AN APPLICATION FOR APPROVAL OF THE ISSUANCE OF PUBLIC WORKS COMMISSION ELECTRIC, WATER AND SEWER UTILITIES REVENUE BONDS WITH THE NORTH CAROLINA LOCAL GOVERNMENT COMMISSION AND DESIGNATING THE BOND FINANCING TEAM MEMBERS. RESOLUTION R1992-141. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek 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 Resolutions Book R1992. 6. Consideration of award of contract for Geographic Information Systems (GIS) hardware and software for PWC and City Administration to ESRI. This item was presented by City Manager John Smith asking to award the contract on behalf of the City and PWC to ESRI, not to exceed $370,000 and authorized the Mayor to execute the contract for the City and PWC. This is for the first phase of this project which will be for the hardware and software for the system for the storm water management portion of it and for the E-911. A copy of the bid tabulation is attached. Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously. Public Works Commission staff was excused at 9:35 p.m. 7. Consideration of amendment to lease between City of Fayetteville and Cape Fear Botanical Garden, Inc., for addition of 11 acres of leased Space. This item was presented by Parks and Recreation Director Robert Barefoot stating there would still be access to the river if this property was utilized by the Botanical Garden. The Parks and Recreation Commission unanimously recommend that Council amend the current lease for addition of 11 acres of leased space to the Cape Fear Botanical Garden Inc., by authorizing advertisement. Councilmember Robertson moved to follow the recommendation to authorize advertisement of the amendment of the lease, seconded by Councilmenber Massey and carried unanimously. 8. Consideration of adoption of a resolution directing the City Clerk to investigate a petition received under GS 160A-31 (Petition-Initiated Contiguous Annexation Area) - Westlake of Morganton Road, Phase 1 (Property of Harris Farm Joint Venture) This item was presented by Deputy City Manager Roger Stancil with a recommendation to adopt the resolution. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER GS 160A-31. RESOLUTION R1992-142. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Torrey and Ross voting in opposition. A copy of the foregoing resolution is on file in the Clerks office in Resolutions Book R1992. 9. Consideration of voting and alternate delegate for National League of Cities Conference Councilmember Bolton nominated Mayor Dawkins as the voting delegate and Councilmember Kendrick as the alternate, seconded by Councilmember Robertson. They were elected unanimously. 10. Consideration of request by Councilmember Ross for discussion of noise ordinance. This item was presented by City Manager John Smith stating that he has received additional information concerning the complaint to Ms. Ross that initiated this item. It has been discovered that the force of the loud music in this complaint has a police scanner making it difficult to approach the source. Methods are being developed to take care of this situation. 11. Appointments: A. Nominations to fill three vacancies on Joint Senior Citizens Advisory Commission Councilmember Cheek nominated Eloise Haith for a second term and Councilmember Torrey nominated Ruby Evans to fill the vacancy of Maggie Shive. There were no nominations to fill vacancy of Joseph Covington. Elections will be held at the next Council meeting. B. Nominations to fill one vacancy on Appearance Commission Councilmember Blackwell nominated Jim Hankins to fill the unexpired term of Charlie Singer, at-large category, to December 31, 1993. Election will be at the next Council meeting. 12. Administrative Reports: A. Report on tax refunds of less than $100: Please Note: To view the tax refund table, please see Book Y, page 214 of the City of Fayetteville Meeting Minutes. B. Update on Street Standards Policy was submitted in the agenda Packet. C. Status report on McPherson Church Road/Morganton Road intersection improvement was submitted in the agenda packet. D. Letter from the Honorable Thomas Harrelson, Secretary, N.C. Department of Transportation regarding naming of state streets was submitted in the agenda packet. There being no further business the meeting was adjourned at 9:45 p.m. upon motion and second. Approved October 5, 1992 Please Note: To view the bid tabulation for Bid #919211, please see Book Y, page 215 of the City of Fayetteville Meeting Minutes. REGULAR MEETING MINUTES MONDAY, SEPTEMBER 21, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, SEPTEMBER 21, 1992 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 Jason Brady, Public Information Officer Mike Walker, City Engineer Pete Piner, Fire Chief Al Mitchell, Assistant City/County Planning Director Tom McNeill, PWC Property Acquisition Supervisor Henry Powers, NC Water/Sewer Operations Superintendent 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 Elder J.C. Reid, Church of God in Christ Pentecostal Temple offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Certificate of Appreciation was presented to Joey Dixon of F & P Enterprises, d.b.a. Burger King by Mayor Dawkins from Parks and Recreation for playground equipment valued in excess of $20,000 donated by the Burger King. Mayor Dawkins also wanted to recognize some good things that had been happening in our community such as the Habitat for Humanity having four homes dedicated on Buxton Boulevard and the Chip Beck Golf Tournament raising over $100,000. Councilmember Ross also requested to recognize all the many works for the community by Ms. Christian Smith. 1. Approval of Agenda Councilmember Robertson moved to approve the agenda as submitted, 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 requested to pull item F for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of item F. After a second from Councilmember Robertson the consent agenda and following items were unanimously approved. A. Adopt resolution setting a public hearing for October 19, 1992, to consider the closing of Brechin Road, pursuant to petition, from Fairfield Road, easterly to the eastern edge of Murray Hill, Section II, as recorded in Plat Book 17, Page 53, Cumberland County Registry. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF BRECHIN ROAD. RESOLUTION NO. R1992-143. A copy of the foregoing resolution is on file in the Clerk's office in resolutions Book R1992. B. Approve 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 Vancouver Drive, east of McPherson Church Road. (P92-109) C. Award construction contract for sports lighting to Annelect Mechanical & Electrical Supply Service Company, lowest responsible bidder, in the amount of $123,866.40. Bids received were as follows: Annelect Mechanical & Electrical Supply Service Company $123,866.40 King Electric of Fayetteville, Inc. $144,400.00 D. Set public hearing for October 5, 1992, to consider petitions for 25 Miles Per Hour Speed Zone in College Lakes Subdivision (Farmview Drive, Waterbury Drive, Southport Road, and Flat Rock Drive). E. Approved Special Revenue Project Ordinance Numbers 93-2 and 93-3. Ordinance 93-2 is to disburse $1,150,000 federal grant from the U.S. Department of Housing and Urban Development to the Community Development Department for continuation to address housing and neighborhood needs for the Senior Citizens Housing Rehabilitation Program and Emergency Repair Program to assist low income persons. Ordinance 93-3 is to disburse $35,215 for a state grant that requires a local match from Cumberland County in the amount of $3,522 for the Fayetteville Police Department's Cumberland County Juvenile Restitution Program. F. (Pull for discussion) G. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing (October 5, 1992) on preliminary assessment roll for installation of sanitary sewer utilities in Evergreen Estates as follows: (NC) 1. Ireland Drive 5. Westhill Drive 2. Village Drive 6. Crestview Drive 3. Brentwood Drive 7. Delwood Drive 4. Welmont Drive 8. Glenridge Road RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING FOR INSTALLATION OF SANITARY SEWER UTILITIES. RESOLUTION NO. R1992-144. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. H. Approve Fireworks Display Permit for Fayetteville Jaycees. 2-F. Approve bid awards to LaFayette Ford in the amount of $30,811.00, and Baker Equipment Engineering Company in the amount of $47,879.00, low bids, for purchase of one truck cab and chassis with aerial lift and chip dump body. (PWC) Councilmember Bolton asked if this equipment should not have come under state contract. Staff responded that these are not on state contract. The bids received were as follows: Aerial Lift Bidder Cab & Chassis w/Dump Body Reach Equipment Company $33,001.00 $53,373.00 LaFayette Ford $30,811.00 No Bid Patrick Ford $32,810.00 No Bid Baker Equipment Engineering $32,210.00 $47,879.00 Altec Industries $33,214.00 $47,903.00 *Altec Industries $27,323.00 $46,545.00 *Alternate Bid for demonstrator units Councilmember Bolton moved to award the bids as recommended, seconded by Councilmember McBryde and carried unanimously. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for speakers for public hearings and nonpublic hearings. A. Consideration of the rezoning from R10 Residential District to R5A Residential District or to a more restrictive zoning classification for an area located at the northwest corner of Cain Road and Varrene Court. (P92-63) This item was presented by Assistant Planning Director Al Mitchell stating that Council had called for the public hearing on this item and the Planning Board recommends denial of R5A and approval of R6. 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 to speak in favor or opposition the public hearing was closed. Councilmember Blackwell asked Rudolph Singleton to make a statement and Mr. Singleton stated he was the attorney representing the petitioner W.C. Maxwell, who would accept the R6 zoning. Councilmember McBryde moved to rezone this property to R6, seconded by Councilmenber Cheek and carried unanimously. B. Consideration of the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 104 Willborough Avenue. (P92-64) This item was presented by Assistant Planning Director Al Mitchell stating that the Planning Board recommends approval. The planning staff recommends denial of the requested rezoning because the P2 professional district provides a transition from the commercially-zoned property to the south to the residential area to the north. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:22 p.m. and speaking in favor was John G. Shaw, attorney for the petitioner, stating that this land cannot be used as is presently zoned. They also feel that it will not harm the professional or commercial land which borders this property. Appearing in opposition was Ms. Vi Forbis, 431 Northview Drive, she stated she was a property owner in the area and had also spoken with five residents on Willborough Street who were either unable to come to the meeting due to health reasons or being elderly or being unable to get out at night, that were all in opposition to this rezoning. Ms. Forbis stated she is in real estate and felt Council should consider the impact this rezoning might have one the traffic on that street. The streets are already being used for test driving by one of the businesses along the C1 area on Raeford Road. There being none further to be heard on this matter the public hearing was closed at 7:37 p.m. Following some discussion Councilmember Kendrick moved to deny the rezoning request, seconded by Councilmember Robertson and carried 7 to 2 with Councilmembers Blackwell and Ross voting in opposition. C. Consideration of adoption of resolutions confirming assessment rolls and levying assessments for installation of sanitary sewer collection system in University Estates as follows: (PWC) This item was presented by PWC Staff Tom McNeill and Henry Powers with a recommendation to adopt the resolutions levying assessments in the amount of $12 per front foot. This is the advertised public hearing for this date and hour. 1. Livingston Drive The public hearing was opened at 7:46 p.m. and there was none to speak in favor. Appearing in opposition was Glorius S. Holloway, 5535 Livingston Drive, and Troy M. Owens, 5534 Livingston Drive. Both agreed that the $12 per square foot was too much and they had neither one asked for this to be installed. There being none further to be heard on this matter the public hearing was closed at 8:00 p.m. Mayor Dawkins ruled that the public hearings on all six streets would be heard before action is taken. 2. Spellman Drive The public hearing was opened at 8:01 p.m. and there being none to be heard on this matter the public hearing was closed at 8:02 p.m. 3. Fiske Drive The public hearing was opened at 8:02 p.m. and there was none to speak in favor. Speaking in opposition was Marie Lawrence, who was opposed to the $12 assessment as well as the 8% interest for not being able to take advantage of the 30% discount for early pay. Also appearing in opposition was Charlie Lee Mott, 907 Fiske Drive, President of the University Estates Association. Mr. Mott stated he was representing the whole neighborhood as President of the Association and they all agreed the $12 per front foot was too much for the residents of this area to afford. There were approximately 30 people present to stand in opposition to this item. There being none further to be heard on this matter the public hearing was closed at 8:20 p.m. 4. Edmeston Drive The public hearing was opened at 8:33 p.m. and there was none to speak in favor. Appearing in opposition was Richard Hillman, 5750 Edmeston Drive, requesting the same reduction in the assessment rate from $12 to $9 that was afforded the area in the recent past. He stated the $12 per foot is too much for the people in the University Estates to afford. Mayor Dawkins explained that the recent reduction was due to the hardship placed upon the area by the project and University Estates did not have this problem. Mr. Rene Paez, Jr., 5742 Edmeston Drive, also requested the reduction. He stated in order to sell his home he would have to reduce the price of the house plus losing the $1,000 he will have to pay for assessment. Councilmember Robertson explained to Mr. Paez that the sewer connection would increase the price of its property over a septic tank. There being none further to be heard on this matter the public hearing was closed at 8:48 p.m. 5. Demerest Drive The public hearing was opened at 8:50 p.m. and there being none to be heard on this matter the public hearing was closed. 6. Shaw Road The public hearing was opened at 8:50 and there was none to speak in favor. Speaking in opposition was Amos C. Brown, 2008 Shaw Road, he stated that everyone in University Estates is speaking on the same problem of the assessment being too high and needing an extension of time to pay the assessment and the tap-on fee. Towanda Burnett, 2018 Shaw Road, also spoke in opposition to the $12 per foot assessment and the tap-on fee. She also objected to the plumbing work to be done. She stated she would not be able to afford this because she has a daughter on a breathing machine. There being none further to be heard on this matter the public hearing was closed at 8:55 p.m. 7. Meharry Drive The public hearing was opened at 8:55 p.m. and there being none to speak on this matter the public hearing was closed. 8. Shaw Mill Road The public hearing was opened at 8:56 p.m. and there was none to speak in favor. Speaking in opposition was Mr. Jean Barry, Barnhill Contracting Company, 936 Shaw Mill Road. He displayed large aerial photographs of the property involved. He stated this is a triangle-shape piece of property that would never be suitable for development and has been used for many many years as a construction company site. This is a small business with only 2 bathrooms and he feels $10,000 is an excessive amount. Mr. Barry is requesting Council delay a decision until he can hire a professional assessor. There being none further to be heard on this matter, the public hearing was closed at 9:02 p.m. 9. Shrewsbury Drive The public hearing was opened at 9:02 p.m. and there being none to be heard on this matter the public hearing was closed. Councilmember Torrey moved to adopt the assessment roll at a reduced rate to $9 square foot for all nine of the above streets. The motion was seconded by Councilmember Massey. Councilmember Cheek offered a friendly amendment to delay action on Item 8-Shaw Mill Road, to allow for the assessor' report. Councilmember Torrey accepted the friendly amendment. Councilmember Blackwell stated he would have to vote in reduced assessment rate as he has in the past for all the others. Councilmember Cheek stated she also would have to vote in opposition because except for the hardship case, she has always voted for $12 assessments for improvements. Mayor Dawkins called for a vote and the motion failed 3-6 with Councilmembers Blackwell, Cheek, Robertson, Bolton, McBryde and Kendrick voting in opposition. Councilmember Bolton moved to delay action on Shaw Mill Road to November 16 with owner acquiring an appraisal at his expense. The motion was seconded by Councilmember Cheek and carried 6 to 3 with Councilmembers Robertson, Blackwell and Ross voting in opposition. Councilmember McBryde moved to adopt the resolutions confirming the assessment rolls at $12 per front foot for Items 1-7 and 9 above. The motion was seconded by Councilmember Blackwell and carried 7 to 2 with Councilmembers Torrey and Ross voting in opposition at 9:20 p.m. The resolution titles are as follows: RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (LIVINGSTON DRIVE). RESOLUTION NO. R1992-145. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (SPELLING DRIVE). RESOLUTION NO. R1992-146. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (FISKE DRIVE). RESOLUTION NO. R1992-147. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (EDMESTON DRIVE). RESOLUTION NO. R1992-148. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (DEMEREST DRIVE). RESOLUTION NO. R1992-149. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (SHAW ROAD). RESOLUTION NO. R1992-150. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (MEHARRY DRIVE). RESOLUTION NO. R1992-151. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (SHREWSBURY DRIVE). RESOLUTION NO. R1992-152. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1992. Councilmember Cheek requested that additional information be furnished on the tap-on fees and the possible reduction in these fees. Mayor Dawkins stated this would be an item on the Information Meeting for September 28. At this time Charlie Mott raised his hand to be recognized and Councilmembers Ross and Blackwell asked to hear what Mr. Mott had to say. He requested to be able to appear at the Information Meeting when this item is discussed. Councilmember Kendrick stated he felt that the City and PWC are trying to break even on these fees that are being charged for assessments and tap-ons and not expecting to make a profit. Mayor Dawkins stated again that this item would be on the agenda for the Information Meeting. D. Consideration of adoption of resolution confirming assessment roll and levying assessments for the improvement of Windemere Drive (from Cliffdale Road to Cornish Street) for paving. This item was presented by City Attorney Bob Cogswell. This is the advertised public hearing for this date and hour and Mr. Cogswell submitted a certificate that notices of the preliminary assessment roll for the paving improvement projects on Windemere Drive were mailed by first class mail to the property owners shown on the assessment roll. The public hearing was opened at 9:30 p.m. and there being none to be heard on this matter the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1992-153. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Torrey and carried unanimously at 9:30 p.m. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. E. Consideration of adoption of resolution confirming assessment roll and levying assessments for the improvement of Redstone Drive (from Dillon Drive to S/E corner of Lot 4, Plat Book 24/73) for paving. This item was presented by City Attorney Bob Cogswell. This is the advertised public hearing for this date and hour and Mr. Cogswell submitted a certificate that notices of the preliminary assessment roll for the paving improvement projects on Redstone Drive were mailed by first class mail to the property owners shown on the assessment roll. The public hearing was opened at 9:31 p.m. and there being none to speak in favor or opposition the public hearing was closed. At this time Councilmember Kendrick requested to hear from Gertrudis Wozniak, 2149 Redstone Drive, because he was unable to assist her before the meeting. Ms. Wozniak questioned the wording "up to $10 per foot." She felt that Council should have considered a lesser amount than $10. She stated that she pays taxes and has not had a salary increase to cover these expenses. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1992-154. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously at 9:32 p.m. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. The City Attorney requested a correction to a name on the assessment roll for Item 3D page 2. It shows the name Bunce and this should be Bruce. Councilmember Bolton moved to make the correction as requested, seconded by Councilmember Cheek and carried unanimously. 4. Consideration of the paving without Petition of Englewood Drive. (Continued from July 6, 1992) This item was presented by City Manager John Smith stating that this item was continued in order to study the cul-de-sac and to allow the property owners to possibly re-plat the property at the end of the street. This is a paving without petition because the petition was not valid. Fire Chief Piner recommended the cul-de-sac as opposed to the T-shaped turn-around. During discussion, Councilmember Blackwell requested the City Engineer to contact the affected property owners concerning any possible drainage problems. FINAL RESOLUTION REQUIRING THE PAVING WIThOUT A PETITION OF ENGLEWOOD DRIVE FROM CEDAR CREEK ROAD TO DEAD END. RESOLUTION NO. R1992-155. Councilmenber Kendrick 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 Resolutions Book R1992. 5. Consideration of award of purchase contract for receivers and consoles. This item was presented by City Manager John Smith with a recommendation to award the purchase contract for receivers and consoles for the Communications Department to Motorola C & E, Inc. in the amount of $67,722, lowest responsible bidder. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Robertson and carried unanimously. 6. Consideration of adoption of resolution fixing date of public hearing on of annexation pursuant to G.S. 160A-31, as amended (Petition-Initiated Annexation Area) - Westlake at Morganton Road, Phase 1. Recommended public hearing date is October 5, 1992. This item was presented by Deputy City Manager Roger Stancil with a recommendation for adoption of the resolution. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO GS 160A-31, AS AMENDED (WESTLAKE AT MORGANTON ROAD - PHASE 1, PROPERTY OF HARRIS FARM JOINT VENTURE AND OTHERS). RESOLUTION NO. R1992-156. Councilmember Cheek introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Torrey and Ross voting in opposition. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. 7. Consideration of amending Policy 155.3, Deeds in Lieu of Tax Foreclosure. This item was presented by City Manager John Smith stating that this is to change the words "City Engineer" to "Community Services Director and/or Designee" as a result of recent reorganization. Council can either refer this to the Policy Committee or adopt the change tonight. Councilmember Bolton moved to change the wording from "City Engineer" to "Community Services Director and/or Designee". The motion was seconded by Councilmember Kendrick and carried unanimously. 8. Discussion of interest charged on assessment payments. Councilmember Cheek moved to refer to the Policy Committee for consideration of lowering the interest rates from 8% and consider the discount rates. The motion was seconded by Councilmember McBryde and carried unanimously. 9. Appointments: A. Nominations to fill three vacancies on the Joint Senior Citizens Advisory Commission. Eloise Haith was elected unanimously to serve a second term. The election of Ruby P. Evans to fill the vacancy of Margaret Shive will be delayed until the next meeting. There was no nomination for the vacancy of Joseph Covington. B. Nominations to fill one vacancy on the Appearance Commission. Jim Hankins, 205 Northview Drive, Fayetteville, NC, 28303, was elected unanimously to fill the unexpired term of Charlie Singer in the at-large category to December 31, 1993. 10. Administrative Reports: A. Statement of taxes collected for the month of August, 1992, from the Cumberland County Tax Collector. Council accepted the statement of taxes for the month of August, 1992, in the amount of $117,928.05 from the County Tax Collector. Councilmenber Robertson requested to be excused from the Information Meeting on September 28 due to being out-of-town on business. Councilmember Bolton moved to excuse Councilmember Robertson as requested, seconded by Councilmember Massey and carried unanimously 8 to 0. There being no further business the meeting was adjourned at 10:00 p.m. upon motion and second. INFORMATION MEETING SEPTEMBER 28, 1992 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 28, 1992 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; Mark Kendrick; Suzan Cheek (arrived at 7:25 p.m.) Absent: Councilmember Nat Robertson, Jr. (excused) Others Present: John P Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Jimmy Teal, Assistant City Manager, Planning & Development Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order and recognized Mayor Pro-Tem Breeden Blackwell for the invocation. Following the invocation, the Mayor led in the Pledge of Allegiance to the American Flag. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to excuse Councilmember Cheek until she arrives at the meeting. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to approve the agenda. PWC Manager Tim Wood presented a contract for construction of the Sandy Run Branch Sanitary Sewer Outfall, US 301 South Force Main. He recommended award of this contract to Wright & Lopez, Inc., the low bidder. Upon motion by Councilmember McBryde, seconded by Councilmember Bolton, Council voted unanimously to follow the PWC recommendation. Mayor Dawkins then recognized City Attorney Bob Cogswell for a discussion of the assessment process. (Councilmember Cheek arrived at this time.) Council then began a discussion of PWC sewer lateral charges. Appearing before the Council was Mr. Charlie L. Mott, representing residents of University Estates. Following this discussion, City Council asked the Mayor to call a joint meeting with the Public Works Commission in the first floor multipurpose room of City Hall for October 12 at 7:00 p.m City Manager John Smith then stated that the staff would continue their presentation of plans in anticipation of the City Council's planning retreat December 4 and 5. The first plan to be presented was the Downtown Plan by Robin Legg, Executive Director of the Olde Fayetteville Association. Robert Barefoot, Director of Parks & Recreation, then presented the Parks Master Plan. During discussion of the Parks Plan, Councilmember McBryde moved that the terms of Boards and Commissions be placed on the Policy Committee agenda for review. This motion as seconded by Councilmember Massey and unanimously approved. Al Mitchell of the Planning Board staff then presented the Land Use Plan. There being no further business, the meeting was adjourned. Approved October 19, 1992 REGULAR MEETING MINUTES MONDAY, OCTOBER 5, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, OCTOBER 5, 1992 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 Jimmy Teal, Assistant City Manager for Planning and Development Mike Walker, City Engineer Louis Chalmers, Traffic Services Director David Nash, Annexation Studies Coordinator Walter J. Haire, Jr., Housing Inspector Ron Hansen, Police Chief Al Mitchell, Assistant Planning Director Tim Wood, PWC Manager Tom McNeill, PWC Property Acquisition Supervisor Henry Powers, PWC Water/Sewer Operations Superintendent 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 Jan Milton, Cornerstone Baptist Church, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Pastor Milton announced that his church is sponsoring an athletic event by bringing five professional baseball players to offer a clinic to our children on anti-drugs. 1. Approval of Agenda City Attorney Bob Cogswell requested Council to add item 25 requesting legal representation for the eight councilmembers named in the Evans Lake lawsuit. Councilmember Kendrick moved to approve the agenda with the addition as requested, seconded by Councilmember Bolton and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Massey requested to pull items K and P and Councilmember Kendrick requested to pull item G for discussion. Councilmember Bolton moved to approve the consent agenda with exception of items K, G, and P. After a second from Councilmember Robertson, the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of September 8, 1992. B. Approve minutes of regular meeting of September 21, 1992 C. Approve tax refunds over $100. Taxpayer's Nature of Property Name Clerical Error Description Amount MS&H Restaurant Cost figures T/A Four Flames $150.14 corrected per Loc: 226 Eastern audit information. Blvd. Business personal Property. Brown, Curtis J. Charged with $297.64 & Carolyn J. incorrect value per VIN correction. E. Adopt resolution declaring cost and ordering preparation of preliminary assessment rolls and setting time and place for public hearing (October 19, 1992) on preliminary assessment rolls for installation of water and/or sanitary sewer utilities in the streets: 1. Oxford Street 6. Cedar Street 2. Oxford/Griffin Street 7. Pasture Lane 3. Elba Street 8. Coldwater Drive 4. Staley Drive 9. L.A. Dunham Road 5. Eleanor Avenue (State Road 2005) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR A PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR INSTALLATION OF WATER AND/OR SANITARY SEWER UTILITIES. (Cade Hill Subdivision) RESOLUTION NO. R1992-157. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. F. Set public hearing for November 2, 1992, to consider an application by Robin Kelly Legg for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-30, Subsection (12), to allow for residential use in a C2S Central Business District for an area located at 116 Hay Street. (P92-111) G. (Pulled for discussion) H. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at the north end of Hilliard Drive and the west end of Spy Glass Drive, north of Country Club Drive (US 401 By-Pass). (P92-104) I. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at the east end of Summerchase Drive, east of US 401 North (Raleigh Road). (P92-105) J. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at the north end of Gables Drive, north of US 401 By-Pass (Country Club Drive). (P92-106) K. (Pulled for discussion) L. Set public hearing for October 19, 1992, to consider guidelines for Minority Business participation in contracts awarded by the City. M. Set public hearing for October 19, 1992, to consider Comprehensive Housing Affordability Strategy (CHAS). N. Adopt resolution amending Fayetteville Urban Area Thoroughfare Plan. (Change Number 10) RESOLUTION AMENDING FAYETTEVILLE URBAN AREA THOROUGHFARE PLAN (ADDING CHANGE NO. 10). RESOLUTION NO. R1992-158. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. O. Authorize Mayor to execute Lease Agreement between the City of Fayetteville and Friends of the Botanical Garden. P. (Pulled for discussion) Q. Adopt ordinance amendment adding Honeycutt Recreation Center Lot to Traffic Schedule Number 3 - Two Hour (Parking) Lots. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 3 - 2 HOUR PARKING LOTS, HONEYCUTT RECREATION CENTER LOT). ORDINANCE NO. NS1992-032. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1992. R. Approve request for legal representation from Police Officer Ronald Dean Kirby. S. Approve request for legal representation for the eight councilmembers named in the Evans Lake Association et al. vs. City of Fayetteville et al. No. 92 CVS 5036. 2G. Approve the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located on the west side of Devers Street, south of Fort Bragg Road. (P92-100) Councilmember Kendrick asked if this was spot zoning. Assistant Planning Director Al Mitchell responded that the area has developed for institutional uses and this would be consistent. Following some discussion, Councilmember Bolton moved to approve the rezoning request, seconded by Councilmember Ross and carried 8 to 1 with Councilmember Kendrick voting in opposition. 2K. Award contract for purchase of Trencher to Southland Rental and Supply Company, lowest responsible bidder in the amount of $20,620.89. Bids received were as follows: Southland Rental and Supply Co. $20,620.89 Ditch Witch of NC $23,929.70 Councilmember Blackwell requested, in the future, to receive a copy of the list of bidders offered the opportunity to place bids. City Manager John Smith responded that the bids are advertised in the newspaper and we also maintain a bid list that specifications are sent to. Councilmember Blackwell moved to award the contract as recommended, seconded by Councilmember Robertson and carried unanimously. 2P. Adopt demolition ordinance for property located at 2655 Rosehill Road (Owner: Rosetta and Charles Darlington, E.J. Morine, and Caroline Morine, et al.) Councilmember Blackwell stated he was notified this afternoon that there will be a possibility of improvement to that property through purchase. Councilmenber Cheek suggested that this demolition ordinance be delayed. City Manager John Smith recommended a 30-day delay. Councilmember Ross moved to follow the recommendation for a 30-day delay, seconded by Councilmember Massey and carried unanimously. 3. Public Hearings: Mayor Dawkins stated the policy on the time limit for public hearings and nonpublic hearings. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour for the following streets in College Lakes Subdivision: 1. Farmview Drive 2. Waterbury Drive 3. Southport Road 4. Flat Rock Drive This item was presented by Traffic Engineer Louis Chalmers stating that he has a majority petition for this reduced speed limit. This is the advertised public hearing and the recommendation is to adopt the ordinance. The public hearing was opened at 7:20 p.m. and there being none to be heard the public hearing was closed. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8-SPEED CONTROL, COLLEGE LAKES SUBDIVISION). ORDINANCE NO. NS1992-033. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1992. B. Consideration of adoption of resolutions confirming assessment rolls and levying assessments for installation of sanitary sewer utilities in Evergreen Estates as follows: (PWC) This item was presented by PWC staff Henry Powers and Tom McNeill with a recommendation to adopt the resolutions confirming the assessment rolls and levying assessments. This is the advertised public hearing. 1. Glenridge Road The public hearing was opened at 7:23 p.m. and there being none to be heard in favor or opposition the public hearing was closed. 2. Delwood Drive The public hearing was opened at 7:23 p.m. and there being none to be heard in favor or opposition the public hearing was closed. 3. Crestview Drive The public hearing was opened at 7:23 p.m. and there being none to be heard in favor or opposition the public hearing was closed. 4. Westhill Drive The public hearing was opened at 7:23 p.m. and there being none to be heard in favor or opposition the public hearing was closed. 5. Welmont Drive The public hearing was opened at 7:23 p.m. and there being none to be heard in favor or opposition the public hearing was closed. 6. Brentwood Drive The public hearing was opened at 7:25 p.m. and there was none to speak in favor. Appearing in opposition was Nancy Spell, 3901 Brentwood Drive, stating that she was unfamiliar with the procedures and knew nothing about the assessment. She wished to reserve her questions and comments until the end. Mayor Dawkins granted this requested. There being none further to be heard on this matter the public hearing was closed. 7. Village Drive The public hearing was opened at 7:27 p.m. and there was none to speak in favor. Appearing in opposition was James F. Allee, 4018 Village Drive. He stated that the sewer was put in front and in the rear of his property and he will use only the rear sewer collection system but he is being charged for the more expensive front side. Mayor Dawkins stated that at the end of this public hearing Mr. Allee would receive a response to his question. James H. Dulin, 3933 Village Drive, asked why he was not notified that this project was going to be done. He stated he has lived there three years and the realtor did not notify him that this property was inside the city limits. He also asked how they arrived at the $12 per front foot figure. Staff explained to Mr. Dulin that the notices probably went to the previous owner living there at the time of annexation. Mayor Dawkins told Mr. Dulin the rest of his questions would be answered at the end of the public hearing. Susan Cates, 4009 Village Drive, stated she was representing her mother, Mrs. William E. Cates, because she was ill. She stated they have an August newspaper article that said the tapping fee would be $7.50 per front foot before October 1 and then it would go up to $12.00 per front foot. She then received a letter from PWC dated September 22 showing a $12 per front foot assessment. PWC staff Henry Powers responded that the $12 assessment had nothing to do with the tapping fee. Councilmember Cheek explained the difference between the lateral fee and the tapping fee. PWC Manager Tim Wood further clarified this procedure. Mr. Powers responded to the other questions that had been asked by the public hearing speakers. There being none further to be heard on this matter the public hearing was closed at 7:37 p.m. 8. Ireland Drive The public hearing was opened at 7:50 p.m. and there was none to speak in favor of this item. Appearing in opposition was Wayne and Sharyn Doutt, 1918 Ireland Drive, they did not know when they purchased their property there would be an assessment of this kind and they don't feel that they get any services for their tax dollars. Mr. Doutt stated they bought the house a year ago and couldn't understand why the finished project was not billed to the person who owned the house before he purchased it. There being none further to be heard on this matter the public hearing was closed at 8:03 p.m. At this time, Mayor Dawkins called on Nancy Spell from item B6. Her question was if she had a plumber put in a line to tie onto the PWC system would she still have to pay the assessment. Mayor Dawkins answered that she would still be assessed for the project. Council then discussed the possibilities of red-flagging property titles in order to make new property owners aware of pending assessments and checking into amending legislature on the disclosure law. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (GLENRIDGE ROAD). RESOLUTION NO. R1992-159. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (DELWOOD DRIVE). RESOLUTION NO. R1992-160. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (CRESTVIEW DRIVE). RESOLUTION NO. R1992-161. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (WESTHILL DRIVE). RESOLUTION NO. R1992-162. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (WELMONT DRIVE). RESOLUTION NO. R1992-163. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (BRENTWOOD DRIVE). RESOLUTION NO. R1992-164. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (VILLAGE DRIVE). RESOLUTION NO. R1992-165. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM (IRELAND DRIVE). RESOLUTION NO. R1992-166. Councilmember Cheek moved to adopt the foregoing resolutions, seconded by Councilmember Blackwell and carried unanimously at 8:13 p.m. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1992. C. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at the northwest corner of the intersection of Chloe Street and Ramsey Street (US 401 North). (P92-89) This item was presented by Assistant Planning Director Al Mitchell stating that the Planning Staff and Planning Board has recommended denial of this rezoning due to the 1971 Land Use Plan calling for low-density residential uses at this location and the 2010 Land Use Plan calling for low-density residential development also. This is the advertised public hearing for this date and hour. The public hearing was opened at 8:27 p.m. Brad Muffett, 1313 Ft. Bragg Road, petitioner, appeared before Council requesting a delay of 30 days to better present a plan to represent both their interest and the community at-large. Mayor Dawkins advised Mr. Muffett that the public hearing would have to be held, by law, tonight but action could be delayed. Speaking in favor of the postponement of action was Bill Maxwell, Realtor, 2521 Raeford Road. He stated that he would not consider building a residence on a six-lane highway such as Ramsey Street. Appearing in opposition was Ted Kinney, 106 Chloe Drive, stating he was against this rezoning because he feels there is enough traffic in that area now. There being none further to be heard on this matter the public hearing was closed at 8:35 p.m. City Attorney Bob Cogswell explained in detail what constitutes legal and illegal spot zoning at the request of Councilmember Blackwell. Following some discussion, Councilmember Massey moved to deny the request for rezoning, seconded by Councilmember Ross. Councilmember Bolton offered substitute motion to delay action 30 days as requested by the petitioner, seconded by Councilmember McBryde. The motion failed 2 to 7 with Councilmembers McBryde and Bolton voting in favor. Mayor Dawkins called for a vote on the main motion which was to deny the rezoning request and it carried 7 to 2 with Councilmembers McBryde and Bolton voting in opposition. D. Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located one the southeast corner of the intersection of Barrington Cross and Bragg Boulevard. (P92-95) This item was presented by Assistant Planning Director Al Mitchell with as recommendation of the planning staff for denial of the requested rezoning due to the 1971 Land Use Plan calling for medium-density residential development at this location as well as the 2010 Land Use Plan. The Planning Board recommends approval of the rezoning. This is the advertised public hearing for this date and hour. The public hearing was opened at 8:50 p.m. and speaking in favor was Wayne Williams, 2000 Ft. Bragg Road, petitioner. He stated that the present Special Use Permit on the property is for dental offices and his intention is to put insurance offices on this property. He presented a petition with signatures from all the property owners in that block and more that are in favor of this rezoning. Mr. Williams also stated that the six-lane highway of Bragg Boulevard is not suitable for residential and he feels that his office building will be a nice buffer for the residential area. James A. Sutherland, 215 Ellington Street, stated he owns 50% of the property in question. He concurred with Mr. Williams' reasons for the rezoning and stated that several residences all along there would create more traffic seven days a week than an office building 8 to 5. Appearing in opposition was Sue Brown Bandy, 1215 Hilltop Avenue. She stated that she does not live in the area but it is near the Haymount Area and she feels this is spot zoning. Ms. Bandy stated there has been very successful residential living on a thoroughfare and she feels that it would be a mistake to rezone this property to anything other than residential. There being none further to be heard on this matter the public hearing was closed at 9:10 p.m. Councilmembers Cheek and Kendrick stated they could not vote to change this from nonresidential zoning. Councilmember Ross stated she feels she should follow the staff's recommendation for denial. Councilmember McBryde moved to approve the rezoning request, seconded by Councilmember Robertson and carried 5 to 4 with Councilmembers Kendrick, Cheek, Torrey and Ross voting in opposition. This will be on the next agenda for a second reading. E. Consideration of adoption of ordinance to extend the corporate limits of the City of Fayetteville, NC, (Westlake at Morganton Road, Phase 1 - Property of Harris Farm Joint Venture and Others). (Petition-initiated Contiguous Annexation Area). This item was presented by Deputy City Manager Roger Stancil with a staff recommendation to adopt the annexation ordinance with an effective date of October 31, 1992. Councilmember Kendrick stated he was still waiting for the City to initiate annexations to square-off the lines of the City limits and encouraged staff to implement this as soon as possible. The public hearing was opened at 9:25 p.m. and Bill Maxwell, 2521 Raeford Road, petitioner, appeared in favor of the annexation. He introduced his Project Engineer, Harvey Allen, to assist in answering any questions Council might have. There was none to appear in opposition and the public hearing was closed at 9:28 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE WESTLAKE AT MORGANTON ROAD - PHASE I). VEXATION ORDINANCE NO. 92-10-357. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1992. Councilmember Cheek moved to adopt the foregoing ordinance, seconded by Councilmember Bolton and carried 6 to 3 with Councilmembers Ross, Torrey and Massey voting in opposition. At this time Councilmember Blackwell commended Annexation Analyst David Nash for the extent of information that he gathers to be presented to City Council on annexations. Mr. Blackwell stated he wanted to publicly give him a pat on the back for all his hard work. 4. PWC Matters: A. Consideration of bid award for purchase of one Boiler Feed Pump to BW/IP International in the amount of $96,600.00, (sole source supplier of Byron Jackson Pumps). This item was presented by PWC Manager Tim Wood stating the reason that this is a sole supplier is because this is to be purchased for parts for the three existing pumps and it must be the same type. Councilmember Bolton moved to award the contract as recommended, seconded by Councilmember Cheek and carried unanimously. 5. Consideration of request to address City Council from Rhonda Carson. Rhonda Carson appeared before Council stating that her pet is a Vietnamese pot-bellied Pig named "Murphy." She stated that his breed of pigs are born and raised for the sole purpose of being an exotic pet. Ms. Carson distributed information to Council concerning these animals and requested Council to please reconsider their ordinance distinguishing the difference between farm animals and domestic animals. Councilmember Torrey moved to refer this matter to the Policy Committee which will meet on October 21, at 7:00 p.m. The motion was seconded by Councilmember Kendrick and carried unanimously. At this time Mayor Dawkins recognized Councilmember Robertson's wife Kim in the audience. She was recently one of those that were recognized at Fayetteville State University for having a 3.5 and 4.0 average. 6. Consideration of adoption of demolition ordinance for property located at 526 South Cool Spring Street. (Appearing: Colonel H. Yarboro, Owner) This item was presented by Inspector Walter Haire. Council recognized Colonel H. Yarboro who requested an extension of six months in order to bring the building up to standards for a residence. Mr. Yarboro stated his original intent was to use this as a church but he had to change his plans. He is working on financial aid through the College Heights Credit Union. Councilmember Blackwell asked Karen Jones, Loan Officer with College Heights Credit Union, if Mr. Yarboro would receive the loan. She could not guarantee 100% that the loan would be approved because it would depend on the amount needed. Councilmember Bolton moved to adopt the demolition ordinance, seconded by Councilmember Robertson. Following some further discussion Councilmember Ross offered substitute motion to give an extension of 6 months to bring up to standards and acquire all permits within 10 days. The motion was seconded by Councilmenber Torrey. Mr. Smith suggested that Council allow Mr. Yarboro 90 days to show progress. Ms. Ross amended her motion to include this. Mayor Dawkins called for a vote and the substitute motion carried 8 to 1 with Councilmember Kendrick voting in opposition. 7. Consideration of adoption of ordinance authorizing posting of no trespass on City-owned property. City Attorney Bob Cogswell presented this item and requested that someone from the Police Department explain for the record, why we need this ordinance. City Manager John Smith responded that the memorandum included in the agenda packet from Bob Cogswell indicates the reason aptly. This is for City-owned property only. AN ORDINANCE DECLARING CERTAIN PROPERTY OFF LIMITS. ORDINANCE NO. S1992-018. Councilmember Kendrick introduced the foregoing ordinance which was mailed to Councilmembers under separate cover by the City Attorney and to include the memorandum from the City Attorney to the Mayor and Councilmembers in the minutes. The motion was seconded by Councilmember Bolton and carried unanimously. September 29, 1992 MEMORANDUM TO: The Mayor and Members of the City Council FROM: Robert C. Cogswell, Jr. City Attorney SUBJECT: 307 Old Wilmington Road Police Officers are experiencing a lot of difficulty with people who gather on the above-referenced lot to sell drugs on the street and then retreat to the innermost portion of this lot between sales. It has become not only a gathering place where people engage in various criminal activities, but also it is a dumping ground for debris and trash. The lot is owned by the City. Attached to this memorandum is an ordinance that would authorize the posting of the property with no trespassing signs. Thereafter, anyone found on the property without the permission of the City Manager, the Police Chief, or their designee, could be prosecuted under the state statute for trespassing. This ordinance does not in and of itself create an offense, since there is already a state law on the books for trespassing. It is further drafted in such a manner that other properties could be added in the future. There will be someone from the Police Department present at the Council meeting Monday night to provide further information about this particular lot and answer any questions that you might have. RCC/jkp Attachment A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1992. 8. Appointments: A. Nominations to fill two vacancies on Joint Senior Citizens Advisory Commission. The nomination of Ruby Evans for the vacancy of Margaret Shive at the last meeting was withdrawn by Councilmember Torrey due to Ms. Evans already serving on this joint board representing the County. Councilmember Blackwell nominated Ted Kinney for the vacancy of Joseph Covington to September 1994. B. Nominations to fill three vacancies on Historic Resources Commission. Councilmember Bolton nominated Ruby Murchison for a second term. Councilmenber Cheek nominated Ranny Nimocks for a second term and Councilmember McBryde nominated Arnetba Robinson for a second term. These terms are to October 1994. C. Nominations to fill three vacancies on Parks and Recreation Advisory Commission. The following nominations were made at the last meeting: Landon R. Hadley was nominated by Councilmember Massey to fill the vacancy of John D. Marshall, Jr. and Gregory M. Edge was nominated for a second term by Councilmember Bolton. There were no nominations for the vacancy of Beatrice Matthews. 9. Administrative Reports: A. Report of tax refunds less than $100. Please Note: To view the tax refund table, please see Book Y, pages 234 and 235 of the City of Fayetteville Meeting Minutes. B. Presentation of proposed Police Firing Range/Training Facility site plan. City Manager John Smith stated that due to the length of tonight's meeting, this item could be placed on next Monday night's meeting for discussion. Council was in agreement. At this time Councilmember Cheek requested that a briefing be presented soon on the "Greenways" plan, proposed bicycle paths, and the million dollar transportation grant. She suggested these might need to be sent to the Council's Streets and Roads Committee. Mayor Dawkins reminded everyone of the joint PWC meeting on October 12, at 7:00 p.m. Councilmember Blackwell referred to the letter of commendation from Mr. and Mrs. Hinek in the agenda packet for police officers Clinkscales and Nunnery. He stated this is the type of recognition he has been referring to in the past that not only employees of the City but citizens of the community that need to be recognized for their works might be recognized at the City Council meetings. City Manager John Smith stated that the Winslow Street Bridge is finally open. There being no further business the meeting was adjourned at 10:21 p.m. upon motion and second. JOINT MEETING WITH PUBLIC WORKS COMMISSION MONDAY, OCTOBER 12, 1992 FAYETTEVILLE CITY COUNCIL JOINT MEETING WITH PUBLIC WORKS COMMISSION CITY HALL MULTIPURPOSE ROOM 433 HAY STREET MONDAY, OCTOBER 12, 1992 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell; Milo McBryde; Nat Robertson, Jr.; Tommy Bolton; Ida Ross (arrived at 7:15); Robert A. Massey, Jr.; Thelbert Torrey; Suzan Cheek; Mark Kendrick (arrived at 7:36 p.m., left at 8:30 pm.) Public Works Commission Members Present: Robert C. Williams, Chairman Lyndo Tippett Bobby McCoy William H. Owen Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. (Ben) Brown, Jr., Assistant City Manager, Administration & Finance Jimmy Teal, Assistant City Manager, Planning & Development Robert C. Cogswell, Jr., City Attorney Tim Wood, PWC Manager Mayor Dawkins called the meeting to order. Upon motion by Councilmember Massey, seconded by Councilmember Torrey, Council voted unanimously to excuse Councilmembers Ross and Kendrick. Upon motion by Councilmember Robertson, seconded by Councilmember Bolton, Council voted unanimously to approve the agenda. A. PWC Manager Tim Wood presented a resolution as follows. A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR THE INSTALLATION OF SANITARY SEWER COLLECTION SYSTEM IN WEST HILL DRIVE R1992-162A. Upon motion by Councilmember Bolton, seconded by Councilmember Robertson, Council voted unanimously to adopt this resolution at 7:16 p.m. (Ms. Ross arrived at 7:15 p.m. and voted on this motion.) A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. PWC Manager Tim Wood then recommended that City Council cancel proposed assessments for installation of water and/or sanitary sewer utilities along portions of Coldwater Drive and Pasture Lane and cancel the public hearings scheduled for October 19, 1992. Upon motion by Councilmember McBryde, seconded by Councilmember Cheek, Council voted unanimously to follow the PWC recommendation. PWC Manager Tim Wood then recommended that Council cancel proposed assessment for sanitary sewer and water extension in Purdue Drive/Cheselica from Gordons Way to Unnamed Creek as shown on plat of Ducks Nest, Section 1. Upon motion by Councilmember McBryde, seconded by Councilmember Massey, Council voted unanimously to follow the PWC recommendation. Mayor Dawkins then recognized Pamela Elkins of Hermitage Place for a presentation of her concerns about the Public Works Commission. Mayor Dawkins then recognized PWC Manager Tim Wood for a discussion of tap fees, lateral fees, and assessments. Mr. Wood discussed the process from the time of an annexation hearing to closeout of the project. Mr. Ken Fanfoni of PWC reviewed the cost of the projects required for the 1988 annexation program. Commissioner Lyndo Tippett then reviewed the cost recovered by the assessment. Chairman Williams made recommendations to the City Council for their consideration for future annexations without assessment. Upon motion by Councilmember Ross, seconded by Councilmember Robertson, Council voted unanimously to excuse Councilmember Kendrick who left because of illness. Upon recommendation by Councilmember Robertson, seconded by Councilmember Bolton, Council voted unanimously to provide legal representation for the City Manager and the City Engineer in regard to the Evans Lake Dam case. Upon motion by Councilmember Robertson, seconded by Councilmember Massey, Council voted unanimously to adjourn at 9:15 pm. REGULAR MEETING MINUTES MONDAY, OCTOBER 19, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, OCTOBER 19, 1992 7:00 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 7:28 p.m.); 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. 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 Gerald Cross, Engineer II Janice Gerald, Assistant Community Services Director Al Mitchell, Planning Deputy Director Al McKenzie, Personnel Director Craig Hampton, Purchasing Agent Tom McNeill, PWC Property Acquisition Supervisor Henry Powers, PWC Water/Sewer Operations Superintendent Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Mayor Pro-Tem Breeden Blackwell followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Presentation of Certificate of Appreciation to Highsmith Rainey Memorial Hospital for donation to Fascinate-U Children's Museum - Mayor Dawkins presented the certificate to Bill Adams, representing the hospital, for improving the quality of life in the City of Fayetteville through the donation of $10,000 to the Fascinate-U Children's Museum project. Presentation of City of Fayetteville Employee of the Year for 1992 - Mayor Dawkins recognized Arch Cox, Firefighter, who had received a $400 savings bond and a plague for being the "Employee of the Year" for the City of Fayetteville at the employee picnic recently. At this time Councilmember Breeden Blackwell requested to recognize some future citizens of Fayetteville. There were approximately 75 students, teachers, and parents from the College Lakes Elementary School present at the Council meeting as part of the Fayetteville Pride Celebration. Dr. Blackwell introduced Mrs. Lewis, Mrs. Dorman, Mrs. Springthorpe, and Mrs. DeJesus with their fifth graders and Mrs. Kendall and her sixth graders. At this time Mayor Dawkins stated that Councilmember Ross would be late to the meeting and needed to be excused until her arrival. Councilmember Robertson moved to excuse Mrs. Ross until her arrival, seconded by Councilmember Torrey and carried unanimously 8 to 0. 1. Approval of Agenda In the absence of City Manager John Smith due to illness, Deputy City Manager Roger Stancil requested to add item 2F for the cancellation of the information setting on October 26, due to most Councilmembers being out of town and to add item 2G - to appoint a voting representative and an alternate to the League of Municipality meeting. Council appointed Mayor Dawkins as the voting delegate and Councilmember Massey as the alternate. Councilmember Bolton moved to approve the agenda with the additions, seconded by Councilmember Torrey 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 Blackwell requested to pull item E. Councilmember Bolton moved to approve the agenda with the deletion of item E. After a second by Councilmember Kendrick the consent agenda and following items were unanimously approved. A. Approve minutes of information meeting of September 28, 1992. B. Approve minutes of regular meeting of October 5, 1992. C. Approve minutes of joint meeting with Public Works Commission of October 12, 1992. D. Award of contract for Village Drive Street Widening Project to Barnhill Contracting Co., Inc., low bidder in the amount of $294,829.65. Bids received were as follows: Barnhill Contracting Co., Inc. $294,829.65 McDonald Grading Co., Inc. $390,177.25 Crowell Constructors, Inc. $404,877.50 City Estimate $326,484.85 E. Adopt resolution authorizing cooperative purchasing between City of Fayetteville and the Town of Spring Lake. Councilmember Blackwell asked if cooperative purchasing has been extended to other municipalities in the past. Assistant City Manager Ben Brown responded that other municipalities have not responded to our invitations. A RESOLUTION AUTHORIZING COOPERATIVE PURCHASING BETWEEN THE CITY OF FAYETTEVILLE AND THE TOWN OF SPRING LAKE. RESOLUTION NO. R1992-167. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. At this time Mayor Dawkins inquired about item 2D concerning some possible typographical mistakes in the memo concerning the Village Drive Street Widening project. Deputy City Manager Roger Stancil responded that there were two mistakes on this memo. One was on the first page, last sentence concerning the completion within 100 days from January 4, 1992, which should read 1993. The other mistake is on the second page, last paragraph showing a Christmas 1993 holiday restriction. This should be Christmas 1992. 3. Public Hearings: Mayor Dawkins read the time limit policy for public hearings and nonpublic hearings. Tom McNeill, PWC staff, stated that items 3A 7 and 8 were deleted from the agenda at the special meeting with PWC and City Council on October 12, 1992. There were minor property changes on the Assessment Rolls for Elba Street, Staley Drive, and Oxford Street. A. Consideration of adoption of resolutions confirming assessment rolls and levying assessments for installation of water and sanitary/sewer utilities in the following streets: (PWC) This is the advertised public hearing for this date and hour. 1. Oxford Street The public hearing was opened at 7:25 p.m. There was none to speak in favor. Speaking in opposition was Cam H. Easton, 425 Brightwood, owner of lots 17 and 18 on Oxford Street. He stated he feels the assessments are excessive for the value of his properties and the lots cannot be sold with this added assessment. Mr. Easton stated he feels the water and sewer should be included in what is furnished by the City along with fire and police protection. Roger D. Yarbrough, 803 Oxford Street, appeared in opposition stating the same reason. Mayor Dawkins asked Henry Powers to give a figure on the entire cost of the project and he reported that it was more than three times what is being assessed to the property owners. 2. Oxford/Griffin Street The public hearing was opened at 7:31 p.m. and there being none to speak in favor or opposition the public hearing was closed. 3. Elba Street The public hearing was opened at 7:32 p.m. and there being none to speak in favor or opposition the public hearing was closed. 4. Staley Drive The public hearing was opened at 7:32 p.m. and speaking in opposition was Albert King, Sr., of Staley Drive, lots 113, 114, and 115. He stated that this property is on a short dirt street and he can't use the property. He feels the assessments are too high for the value of that property. There being none further to be heard the public hearing was closed at 7:35 p.m. 5. Eleanor Avenue 6. Cedar Street 7. Pasture Lane (pull from agenda) 8. Coldwater Drive (pull from agenda) 9. L.A. Dunham Road (State Road 2005) The public hearings for items 5 through 9 were opened at 7:35 p.m. and there being none to be heard on these items the public hearings were closed. At this time Mayor Dawkins opened the items for discussion by Council. Councilmember McBryde referred to the complaint of Mr. Easton that the Property is not valued at the assessment cost and asked the City Attorney to respond to this. The City Attorney recommended that Council have the property appraised to see if it had been benefitted. Councilmember Cheek asked the City Attorney if the law states that the property must be benefitted by the amount of the assessment. He responded that it does not, it only has to be `benefitted.' Councilmember Kendrick questioned the City paying for the assessment. Councilmember Torrey moved to adopt the assessments at $9 per front foot for sewer and $8 front foot for water. The motion died for lack of a second. Councilmember Blackwell stated he had voted in the past to adopt all assessment rolls at the recommended front footage dollar amount and moved to adopt assessment rolls 1 through 9 at $12 per foot on sewer and $8 per foot on water. The motion was seconded by Councilmember Kendrick. Councilmember Bolton stated he would not be able to vote in favor of this because he feels the property owners should be able to get an appraisal to see if they had received a benefit to their property from this project. Councilmember McBryde also stated he felt that the property owners who had complained should be able to have their property assessed before adopting the resolutions. Mayor Dawkins called for a vote and the motion carried 6 to 3 with Councilmembers McBryde, Bolton, and Torrey voting in opposition. The resolutions were adopted at 7:55 p.m. and are as follows: A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF WATER AND/OR SANITARY SEWER UTILITIES (OXFORD STREET AND OXFORD/GRIFFIN STREET). RESOLUTION NO. R1992-168. A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF WATER AND/OR SANITARY SEWER UTILITIES (ELBA STREET). RESOLUTION NO. R1992-169. A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF WATER AND/OR SANITARY SEWER UTILITIES (STALEY DRIVE). RESOLUTION NO. R1992-170. A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF WATER AND/OR SANITARY SEWER UTILITIES (ELEANOR AVENUE). RESOLUTION NO. R1992-171. A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF WATER AND/OR SANITARY SEWER UTILITIES (CEDAR STREET). RESOLUTION NO. R1992-172. A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF WATER AND/OR SANITARY SEWER UTILITIES (PASTURE LANE). RESOLUTION NO. R1992-173. A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF WATER AND/OR SANITARY SEWER UTILITIES (COLDWATER DRIVE). RESOLUTION NO. R1992-174. A RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR INSTALLATION OF WATER AND/OR SANITARY SEWER UTILITIES (L.A. DUNHAM ROAD). RESOLUTION NO. R1992-175. A copy of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1992. B. Consideration of adoption of resolution to close Brechin Road, pursuant to petition, from Fairfield Road, easterly to the eastern edge of Murray Hill, Section II, as recorded in Plat Book 17, Page 53, Cumberland County Registry. This item was presented by Deputy City Manager Roger Stancil with the recommendation to adopt the resolution. This is the advertised public hearing for this date and hour. The public hearing was opened at 8:06 p.m. and there being none to speak in favor or opposition, the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF BRECHIN ROAD. RESOLUTION NO. R1992-174. Councilmember Kendrick introduced the foregoing resolution and moved its seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. C. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 miles per hour on Brenda Drive, from Murchison Road to its end. This item was presented by Traffic Engineer Louis Chalmers stating this request is by petition signed by a majority of the residents on Brenda Drive. This is the advertised public hearing for this date and hour for citizen input. The public hearing was opened at 8:07 p.m. and there was none to speak in favor or opposition to this matter. Councilmember Cheek asked Mrs. John Averitt if she had a comment to make concerning this item. Mrs. Averitt stated she had lived there since 1970 and there had been several accidents because of the speed. Also, the children had no other place to play and they are in danger on this street with the traffic. She is requesting the speed be reduced for these reasons. Councilmember Ross asked Ms. Averitt about how many children were in this neighborhood and she responded there were about 100 children. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. B-SPEED CONTROL). ORDINANCE NO. NS1992-034. Councilmember Cheek introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1992. D. Consideration of Comprehensive Housing Affordability Strategy (CHAS). This item was presented by Janice Gerald, Director of Community Development. She stated that public comment on this item is for a 30-day period and will run from October 26 to November 24, 1992. This is the advertised public hearing for this date and hour for citizen input. Councilmember Cheek asked if she is still working with the low/moderate income task force, since it was not mentioned in her presentation. Ms. Gerald responded that the task force report is still in the preparation stage. Councilmember Blackwell asked about the homeless having a low priority ranking for funds and she responded that this is because there are programs to assist the homeless at this time. Councilmember Torrey asked what program built the new home for the handicapped lady in the North Street extension area. Ms. Gerald responded that the existing house could not be repaired for the amount of money they could extend, but with the family arranging to have the prefab-type house erected, this program could assist in the completion under the Deferred Payment Loan program. Councilmember Ross asked what the possibility of Reverend Montgomery's renovation of the old bus station could get involved in that program. Ms. Gerald answered that they could get some Stewart B. McKinney Homeless Assistance Funds. She will be working soon with that board to try and get them some help. The public hearing was opened at 8:19 p.m. and there being none to speak in favor or opposition, the public hearing was closed. Councilmember Torrey moved to approve as requested. The motion was seconded by Councilmember Bolton and carried unanimously. E. Consideration of resolution to establish a verifiable percentage goal for participation by minority business in the awarding of building construction contracts awarded pursuant to N.C.G.S. 143-128. This item was presented by Assistant City Manager for Administration and Finance Ben Brown with a recommendation for adoption of the resolution. This is the advertised public hearing for this date and hour for citizen input. The public hearing was opened at 8:21 p.m. and there being none to speak in favor or opposition to this matter the public hearing was closed. RESOLUTION TO ESTABLISH A VERIFIABLE PERCENTAGE GOAL FOR PARTICIPATION BY MINORITY BUSINESS IN THE AWARDING OF BUILDING CONSTRUCTION CONTRACTS AWARDED PURSUANT TO N.C.G.S. 143-128. RESOLUTION NO. R1992-175. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. 4. Planning Board Matters: A. Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located on the southeast corner of the intersection of Barrington Cross and Bragg Boulevard. (P92-95) (Second Reading) Councilmember McBryde moved to rezone the area located on the southeast corner of the intersection of Barrington Cross and Bragg Boulevard for a second reading. The motion was seconded by Councilmember Bolton and carried 5 to 4 with Councilmembers Torrey, Kendrick, Cheek, and Ross voting in opposition. 5. PWC Matters: A. Consideration of bid award for purchase of four (4) 500 KVA padmount transformers to Tennessee Valley Electric, low evaluated bidder in the amount of $30,560. This item was presented by Tim Wood with a recommendation for the low evaluated bidder. The bids received were as follows: Tennessee Valley Electric $30,560 Power Supply $31,600 HESCO, Inc. $28,024 Eastern Electric $28,692 Rigby Electric $30,796 Westinghouse Electric $29,856 Councilmember Bolton moved to award the contract to the low evaluated bidder as recommended, seconded by Councilmember Robertson and carried unanimously. B. Consideration of bid award for construction of five (5) accessory buildings at Butler-Warner Generation Plant (electrical & mechanical maintenance shops; shelter over fuel unloading area; storage building for flammables; and assembly, area for contract workers). This item was presented by PWC Manager Tim Wood recommending the bid award to the following low bidders: General: Hatcher Construction Co. $241,915 Plumbing: Coffman Plumbing Co. $ 28,513 Mechanical: Bass Heating & Air $ 20,000 Electrical: M-R Electric $ 28,600 Bids received were as follows: General Construction: Base Bid Alt. ƒl Alt. ƒ2 Chase Contractors $278,000 +$2,700 -$4,500 Ellis-Walker Builders $263,900 -$5,334 -$10,398 D. S. Simmons $262,090 -$4,985 -$8,100 Hargis Construction $260,000 -$5,600 -$8,000 Ratley Construction $240,319 -$4,985 -$2,300 Jordan Construction $276,900 +$5,660 -$9,900 Hatcher Construction $252,900 -$4,985 -$6,000 Peden General Contractors $283,497 -$4,100 -$8,900 Plumbing Contractor: Coffman Plumbing $28,513 Town & Country Plumbing $31,600 Haire Plumbing $42,272 Mechanical Contractor: Bass Heating & Air $20,000 R.L. Blanton Company $28,800 Electrical Contractor: M-R Electric $28,600 H & L Electrical $30,988 M. R. Jones Electrical $31,000 P. R. Faulk Electric $33,263 Watson Electrical $34,500 Councilmember McBryde moved to award the contracts as recommended, seconded by Councilmember Kendrick and carried unanimously. 6. Consideration of a resolution directing the Clerk to investigate a petition received under G.S. 160A-31 (Petition-Initiated Contiguous Area) (Pizza Hut and Taco Bell Properties - Ramsey Street) This item was presented by Deputy City Manager Roger Stancil with a recommendation to adopt the resolution. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1992-176. Councilmember Robertson moved to adopt the foregoing resolution, seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. 7. Consideration of acceptance/purchase of approximately 183 acres of property along the Cape Fear River for recreational use. This item was presented by Chairman of the Parks and Recreation Advisory Commission Sandy Saunders. He stated that Pri-Mark had intended to harvest timber on the site of the property on the Cape Fear River just north of Clark Park and south of Methodist College prior to donating the property. The Parks and Recreation Commission suggested that instead of clearing the property that a price for the timber rights could be negotiated. Pri-Mark agreed to accept $80,000. They currently have an offer of $100,000 for timber rights. Deputy City Manager Roger Stancil recommended Council authorize the City Manager to negotiate this and return for final approval. Following some discussion, Councilmember McBryde moved to authorize the City Manager to negotiate and return to City Council for final approval. The motion was seconded by Councilmember Robertson and carried unanimously. 8. Appointments: A. Nominations to fill two vacancies on Joint Senior Citizens Advisory Commission. Council elected Ted Kinney to serve a two-year term to September, 1994, for the vacancy of Joseph Covington. There were no nominations to fill the vacancy of Margaret Shive to September, 1994. B. Nominations to fill three vacancies on Historic Resources Commission. Council elected the following members to serve a second two-year term to October, 1994, as follows: Ruby Murchison, at-large category; Randy Nimocks, realtor category; and Arnetha Robinson, district property owner category. C. Nominations to fill three vacancies on Parks and Recreation Advisory Commission. Landon R. Hadley was elected for a two-year term to October, 1994, to fill the vacancy of John D. Marshall. Gregory Edge was elected for a second term. At this time Mayor Dawkins announced the upcoming Policy Committee meeting of the City Council scheduled for Wednesday, October 21, 7:00 p.m. in the first floor multipurpose room. 9. Administrative Reports: A. Presentation of 1992 Affirmative Action Plan. This item was presented in the agenda packet. B. Proposed Reconstruction of Ray Avenue from Mason Street to Rowan Street. This item was presented in the agenda packet. C. Discussion of policy for posting land proposed for rezoning. Planning Deputy Director Al Mitchell displayed one of the signs that is posted by the Planning Board on the land proposed for rezoning. Councilmember Cheek moved to have staff work on a suggested policy amendment to have the signs made larger, have the signs state that the public hearing is for a rezoning and that the sign should be reposted or remain through the City Council meetings. The motion was seconded by Councilmember Massey and following discussion the vote was unanimous. D. Status of report on using unified Fayetteville logo. This item was presented in the agenda packet. E. Report on Greenways proposal. This item was presented in the agenda packet. F. Statement of taxes collected for the month of September, 1992, from the Cumberland County Tax Collector. Council accepted the statement of taxes collected for the month of September, 1992 from the tax collector in the amount of $1,327,989.74. At this time Councilmember Blackwell complimented the Personnel Director Al McKenzie for the work his department had done on the Affirmative Action Plan. Councilmember Blackwell requested to be excused from the next regular meeting on November 2. Councilmember Robertson moved to excuse Mr. Blackwell, seconded by Councilmember Torrey and carried unanimously. There being no further business, the meeting was adjourned at 8:50 p.m. upon motion and second. Approved on November 16, 1992 REGULAR MEETING MINUTES MONDAY, NOVEMBER 2, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, NOVEMBER 2, 1992 7:00 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: J. Breeden Blackwell (at-large) - excused 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 Jason Brady, Public Information Officer Mike Walker, City Engineer Robert Barefoot, Parks & Recreation Director Al Mitchell, Planning Deputy Director Ray Britt, PWC Finance Services Director Karl Legaski, Friends of the Park 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 Father Harry Winter offered the following invocation: "Heavenly Father, bless each member of this City Council, and each person who will participate in the deliberations this evening. Make us especially mindful of the widow and the orphan, of those who have little voice or influence in our city. Help us to tilt towards them, without neglecting those who are more influential. Since county and state and national elections will impact upon this city, we especially pray on the eve of our elections that you will continue to guide the destiny of our country. Help those who win their campaigns to be gracious and humble in victory. Help those who lose to be comforted and strengthened, aware that when one door is closed, You always open another. Gracious God, restore our belief that while democracy may not be the quickest form of government, it is the one which in the long run has the best opportunity for each citizen to fully develop and grow as You wish us to grow. Heal any wounds caused by the campaigns in the past several months, restore our belief that this is one nation under God, and that government of the people, by the people, and for the people is your will for us. We make this prayer in Jesus' name. Amen." Three members from the Scout troop 748 led the Pledge of Allegiance to the American Flag. RECOGNITION: Members of Fayetteville-Cumberland County Youth Council along with Cyra Chambers, Senior Vice President for Youth Council, presented 1992 Youth Week Proposals Recognition of City Employee - City Manager John Smith introduced Nathan McSwain who rescued a neighbor from a burning house on October 15, 1992. Mr. Smith stated that this not only exemplifies the type of employees that are hired on-the-job but also exemplifies the employees off-the-job. Mayor Dawkins presented a Certificate of Appreciation from all the Fayetteville citizens to Mr. McSwain. He received a standing ovation. 1. Approval of Agenda The City Attorney requested to add item 13 for executive session for condemnation. Item 2C is for two actions. One to approve the reconveyance of the easement and the other is to deny the deed. Also item 10 has two actions. One is to refer one of the ordinances to the Planning Board and the other is to approve the second ordinance. Councilmember McBryde moved to approve the agenda as amended, seconded by Councilmember Bolton and carried unanimously 7 to 0. Mayor Dawkins reminded everyone that Councilmember Blackwell had been excused from this meeting at the last meeting. At this time Councilmenber Bolton requested to abstain from item 4A concerning the PWC Revenue Bonds. Councilmember McBryde moved to grant the abstention, seconded by Councilmember Kendrick and 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 McBryde requested to pull item E for discussion. Councilmember Kendrick moved to approve the consent agenda with the exception of item E. After a second from Councilmember Robertson the consent agenda and following items were unanimously approved. A. Approve tax refunds over $100. Taxpayers Nature of Property Name Clerical Error Description Amount Cecil Associates Assessed failure Business Personal $5,259.85 Limited Partner- to list amended Property only Mach. ship statement sub- & Equip. mitted, also charged in wrong tax district, should be 0161 Eastover. Belk Hensdale Audit cost figure Business Personal $5,145.37 Co. ƒ476 corrected. Property, 200 Cross Creek Mall. B. Adopt demolition ordinance for property located at 2655 Rosehill Road (Owner: Rosetta and Charles Darlington, E.J. Morine, and Carolene Morine, et al.) ORDINANCE REQUIRING CITY BUILDING INSPECTOR TO DEMOLISH AND REMOVE STRUCTURE (2655 ROSEHILL ROAD, OWNER - ROSETTA AND CHARLES DARLINGTON, E.J. MORINE, AND CAROLENE MORINE, ET AL.). ORDINANCE NO. NS1992-035. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1992. C. Approve reconveyance of drainage easement and denial of acceptance of deed to Asa Howard Bullard, Jr., and wife, Marta C. Bullard. D. Set public hearing for November 16, 1992, to consider petitions for 25 Miles Per Hour Speed Zone for Millbrook Road from Edgewater Drive to Thorncliff Drive. E. (Pulled for discussion) F. Award contract for purchase of Cab and Chassis for refuse trucks to Smith International Truck Center, Inc., in the amount of $51,385.35. A copy of the bid tabulation is attached to and made a part of these minutes. G. Set public hearing for December 7, 1992, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32 "Zoning" to set forth provisions for conditional use overlay districts. (P92-133) H. Set public hearing for December 7, 1992, to consider amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, Section 32-29 C1P Shopping Center District by adding the following as a permitted use: Mini-Warehouse. (P92-134). I. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on the east side of Cedar Creek Road (NC HWY 53-210), South of L.A. Dunham Road (SR 2005) (P92-103) 2-F. Adopt Budget Ordinance Amendment 93-5 for construction of skateboard facility. Councilmember McBryde stated he requested this item be pulled from the consent in order that he might vote in opposition as he did at a previous meeting. He feels the city will be exposing itself to a great deal of liability if this is approved. There was lengthy discussion concerning injuries and liability to the city Councilmember Cheek stated she felt that the insurance being so expensive is the reason this was not a private sector project and she feels that in these times the citizens of Fayetteville do not need to be paying for skateboard park injuries so she intends to vote against the project as she did on March 4, 1991. Councilmember Kendrick agreed with Dr. Cheek and stated he voted against the project on March 4th and will vote tonight against the project simply for the liability issue of it. Karl Legaski, representing Friends of the Parks, was recognized and stated that their $25,000 fund-raising goal should be met by the end of November. Discussion continued with Councilmember Massey requesting additional information concerning skateboard parks in other cities and Councilmember Robertson moving to defer this action until December 7th and requesting all possible information on liability issues. The motion was seconded by Councilmember Massey and carried 7 to 1 with Councilmember Torrey voting in opposition. 3. Public Hearings: The Mayor read the policy on the time limits for public hearings and nonpublic hearings. A. Consideration of an application by Robin Kelly Legg for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-30, Subsection (12), to allow a residential use in a C2S Central Business District for an area located at 116 Hay Street. (P92-111) This item was presented by Planning Deputy Director Al Mitchell with a recommendation of the Planning Board for approval provided that the applicant meets the findings listed below; that it is not unduly discriminatory, that it's in the public interest; and all uses permitted in the proposed district are suitable for this property. The findings are as follows: 1) the residential use is not on the ground floor; 2) there are no nonresidential uses on the same floor as the residential use; 3) the dwelling unit has at least 400 square feet; 4) the parking is within 1,000 feet; 5) the nonresidential use proposed is compatible with the residential use and 6) the proposed gift and variety store use is compatible with the residential use. Councilmember Torrey asked if every building in the downtown area that will have live-in quarters has to be handled separately. Mr. Mitchell responded that they are covered by a Special Use Permit. Mr. Torrey asked about the Old Brady's Pool Room building that had an apartment above it at one time and if it would have to be voted on separately. Mr. Mitchell responded that if it has been unoccupied for one year then it would require a special use permit. Councilmember Cheek asked if the special use permit for the Hay Street property in question tonight will run with the property and not with person. Mr. Mitchell responded that the permit runs with the property in conformance with the conditions that Council must approve. If they want to change the use then they must come back to Council because it would directly affect the residents above. The public hearing was opened at 8:00 p.m. and Robin Legg, Director of Olde Fayetteville Association, was sworn in by the Clerk. Ms. Legg stated that the association has received a great deal of interest in the private sector in the downtown properties recently, which includes an interest from people wanting to live above their stores. Lawrence and Rebecca Caison want to lease with option to purchase this property. They are committed to opening an antique and gift shop and to live in the apartment above. Ms. Legg requested that Council approve this special use permit. There being none to speak in opposition the public hearing was closed at 8:02 p.m. Councilmember Bolton moved to approve the Special Use Permit with the findings, seconded by Councilmember McBryde and carried unanimously 7 to 0. 4A. Consideration of adoption of resolution establishing a Not-to-Exceed Issue A mount for the PWC Revenue Bonds. Mayor Dawkins reminded everyone that Council has approved Mr. Bolton abstaining from voting on this matter. This item was presented by City Manager John Smith stating that on September 8, 1992, Council directed staff to file an application with the Local Government Commission requesting the revenue bonds but an amount was not specified. The Local Government Commission has requested a resolution indicating a not-to-exceed amount. Mr. Smith is recommending that the resolution be adopted showing an amount not to exceed $15 million for the series 1992A principle amount and the series 1992B principle amount not to exceed $17,000. RESOLUTION ESTABLISHING A NOT-TO-EXCEED ISSUE AMOUNT FOR THE CITY OF FAYETTEVILLE PUBLIC WORKS COMMISSION REVENUE BONDS SERIES 1992A and 1992B. RESOLUTION NO. R1992-177. Councilmember Cheek introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried 7 to 0 with Councilmember 1301 ton abstaining and Councilmember Blackwell absent. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. B. Consideration of adoption of an ordinance amending Section 22-30, "Holidays," of the Fayetteville City Code. This item was presented by City Manager John Smith stating that he is not recommending or proposing any change in the city holiday schedule. The ordinance being recommended tonight is to state not only what the city holidays are but when the City Hall building will be closed. ORDINANCE AMENDING SECTION 22-39-HOLIDAYS. ORDINANCE NO. S1992-019. Councilmember Robertson introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously 7 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1992. 5. Consideration of award of contract for purchase of packer body to Sanco-The Heil Company, lowest responsible bidder meeting specifications in the amount of $31,285. This item was presented in the agenda packet by Assistant City Manager for Administration and Finance Ben Brown with a recommendation for approval. Bid tabulations are attached to and made a part of these minutes. Councilmember Robertson moved to award the contract as recommended, seconded by Councilmember Bolton and carried unanimously 7 to 0. 6. Consideration of acceptance of Westlake Drive at Morganton Road - Phase I, for permanent City maintenance. This item was presented by City Manager John Smith stating that the City Engineer has tested this street and it does meet the criteria. The recommendation is to accept the street and drainage system for permanent city maintenance. Councilmember McBryde moved to approve the acceptance of Westlake Drive for permanent city maintenance as recommended, seconded by Councilmember Robertson and carried unanimously 7 to O. 7. Consideration of acceptance of donation of land. This item was presented by City Manager John Smith in the agenda packet with a recommendation to authorize the City Manager to execute necessary documents. Councilmember McBryde moved to approve the acceptance of the donation of land by Pri-Mark, seconded by Councilmember Robertson and carried unanimously 7 to 0. (This is approximately 183 acres of land along the Cape Fear River just north of Clark park.) 8. Consideration of resolutions directing the clerk to investigate two annexation petitions received under G.S. 160A-31 (Petition-Initiated Contiguous Annexation Areas) A. Southland Pines - Tract 1 (Located south of Southland Drive) RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. 1992-178. B. Southland Pines - Tract 2 (Located south of Southland Drive) RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. 1992-179. Councilmember McBryde introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Robertson and carried 5 to 2 with Councilmembers Torrey and Ross voting in opposition. A copy of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1992. 9. Consideration of resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31 (Petition-Initiated Contiguous Annexation Area) (Pizza Hut and Taco Bell Sites - Ramsey Street - Suggested Public Hearing date is December 7, 1992) RESOLUTION FIXING DATE OF PUBLIC HEARING (DECEMBER 7) ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31. RESOLUTION NO. R1992-180. Councilmember Cheek moved to adopt the foregoing resolution, seconded by Councilmember Robertson and carried unanimously 7 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. 10. Consideration of amendment to Section 27-10 of the Fayetteville City Code. This item was presented by City Attorney Bob Cogswell stating that these are housecleaning ordinances. This second ordinance in the packet drops the minimum number of garbage roll-outs from 16 to 8 in multi-family developments before having to co to a load-all. The first ordinance in the packet has to go to the Planning Department because it is a subdivision ordinance. ORDINANCE AMENDING SECTION 14-3.2. ORDINANCE NO. S1992-020. Councilmember Bolton introduced the foregoing ordinance and moved its adoption and to refer the first ordinance in the agenda packet to the Planning Board. The motion was seconded by Councilmember Kendrick. Following some discussion, Councilmember Robertson stated he feels that whoever wants a roll-out should be able to get one. Mayor Dawkins called for a vote and the motion carried 6 to 1 with Councilmember Robertson voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1992. 11. Appointments: A. Nominations to fill one vacancy on Joint Senior Citizens Advisory Commission. There were no nominations made to fill the vacancy of Margaret Shive for a two-year term to September, 1994. B. Nominations to fill two vacancies on Fair Housing Hearing Board. William Pratt, at-large category, was nominated for a second term by Councilmember Kendrick. There were no nominations to fill the vacancy of Sylvia R. Allen, at-large category. Terms to expire November, 1994. C. Nominations to fill one vacancy on Parks and Recreation Advisory Commission. Sylvia R. Allen was nominated by Councilmember Bolton to fill the vacancy of Beatrice Matthews for a two-year term to October, 1994. 12. Administrative Reports: A. Report of tax refunds less than $100: Please Note: To view the tax refund table, please see Book Y, pages 253 and 254 of the City of Fayetteville Meeting Minutes. At this time Councilmember Cheek requested that the Mayor's office send a commendation to the Convention and Tourism Bureau and to the city staff for making our booth at the League of Cities convention in Greensboro the highlight of the convention. Mayor Dawkins expounded on Dr. Cheek's remarks and added that we also had the Ft. Bragg's 82nd chorus at the convention. 13. Request for executive session for litigation. Councilmember Kendrick moved to enter executive session for litigation, seconded by Councilmember Massey and carried unanimously at 8:40 p.m. Council entered regular session at 8:50 p.m. and there being no further business the meeting was adjourned upon motion and second. Please Note: To view the bid tabulation for Bid #929307, please see Book Y, page 255 of the City of Fayetteville Meeting Minutes. REGULAR MEETING MINUTES MONDAY, NOVEMBER 16, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, NOVEMBER 16, 1992 7:00 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); 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 Mike Walker, City Engineer Louis Chalmers, Traffic Services Director Gerry Moore, Housing Inspector Tim Wood, PWC Manager Al Mitchell, Planning Deputy 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 asked for a moment of silent prayer in memory of Joseph Pillow, former City Councilmember who had recently passed away. 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. At this time Councilmember Massey moved to excuse Councilmember Ross until her arrival, seconded by Councilmember Torrey and carried unanimously 8 to 0. 1. Approval of Agenda City Manager John Smith requested an executive session for litigation as item 3B following the public hearings. Councilmember Massey requested to add 2Q as a request for a necrology report to highlight the years of service of former Councilmember Joseph Pillow to the Fayetteville City Council and to the citizens of District 3. Councilmember Bolton offered a friendly amendment to add "and the citizens of the City of Fayetteville." Councilmember Massey accepted the amendment. Councilmember Kendrick moved to approve the agenda with the additions, seconded by Councilmember Torrey and carried unanimously 8 to 0. Councilmember Bolton requested to abstain from item 5 for financial reasons. (Councilmember Ross arrived at 7:10 p.m.) Councilmember McBryde moved to excuse Mr. Bolton as requested from item 5, seconded by Councilmember Torrey and 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 Blackwell requested to pull items B and G for discussion, Councilmember Massey requested to pull item F and Councilmember Cheek requested to pull items C and D for discussion. City Manager John Smith requested to make a typographical correction on item 2I and submitted a corrected copy of the ordinance. Councilmember Bolton moved to approve the consent agenda with the exception of items B, C, D, F and G, the addition of item Q and the correction to item I. After a second from Councilmember Kendrick the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of October 19, 1992. B. (Pulled for discussion) C. (Pulled for discussion) D. (Pulled for discussion) E. Adopt Capital Project ordinance Closeout 93-1. The following table summarizes expenditures from the 1988 and 1987 bond sales. Description 1987 Sale 1988 Sale Total Bond Administration 36,469 29,888 66,357 Arbitrage Rebates 110,028 54,117 164,145 Fire Station ƒ7 304,969 O 304,969 Street Improvements 3,056,124 3,511,027 6,567,151 Sidewalks 275,906 447,175 723,081 Drainage 1,005,841 470,158 1,475,999 $4,789,337 4,512,365 $9,301,702 F. (Pulled for discussion) G. (Pulled for discussion) H. Adopt resolution declaring cost and ordering preparation of preliminary assessment role and setting time and place for public hearing on preliminary assessment roll for Pate Drive (from Morganton Road to Fort Bragg Road) (Public Hearing Date: December 7, 1992) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLE AND SETTING TIME AND PLACE FOR PUBLIC HEARING (December 7) FOR PAVING PATE DRIVE. RESOLUTION NO. R1992-181. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. I. Adopt ordinance amending Section 22 of the Fayetteville City Code. AN ORDINANCE AMENDING ORDINANCE NO. S1985-11 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE (PERSONNEL). ORDINANCE NO. S1992-021. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1992. J. Refer list of streets proposed for resurfacing for fiscal year 92-93 to Streets, Roads and Sidewalks Committee. K. Award of contract for purchase of one Cab and Chassis with Aerial Lift and Line Service Body to LaFayette Ford and Altec Industries, low bidders in the amount of $31,237.00. (PWC) Bids received were as follows: Aerial Lifts Cab & Chassis Service Body LaFayette Ford (Fayetteville, NC) $31,237.00 Sir Walter Chevrolet (Raleigh, NC) $31,812.71 Altec Industries (Birmingham, AL) $31,493.00 $43,204.00 Reach Equipment (Charlotte, NC) $31,733.00 $53,077.00 Baker Equipment (Richmond, VA) $32,210.00 $45,066.00 L. Award of contract for purchase of fifty (50) 50 KVA CSP Transformers to National Transformer Sales, low bidder in the amount of $31,100.00. (PWC) Bids received were as follows: National Transformer Sales (Wake Forest, NC) $39,100.00 Power & Telephone (Nashville, TN) $42,850.00 Tennessee Valley (Charlotte, NC) $43,500.00 HESCO, Inc. (Smithfield, NC) $43,950.00 WESCO, Inc. (Raleigh, NC) $44,800.00 Eastern Electric (Raleigh, NC) $45,150.00 Power Supply (Matthews, NC) $55,600.00 Rigby Electric (Rocky Mount, NC) $55,900.00 M. Award of contract for purchase of fifty (50) 75 KVA Padmounted Transformers to Eastern Electric, low bidder in the amount of $71,550.00. (PWC) Bids received were as follows: Eastern Electric (Raleigh, NC) $71,550.00 National Transformer Sales (Wake Forest, NC) $72,000.00 HESCO, Inc. (Smithfield, NC) $78,700.00 Rigby Electric (Rocky Mount, NC) $88,500.00 WESCO (Raleigh, NC) $89,550.00 Power Supply (Matthews, NC) $93,100.00 N. Award of contract for purchase of two (2) Trenchers with Back-fill Blade and Backhoe to Ditch Witch of NC, low bidder in the amount of $42,850.30. (PWC) Bids received were as follows: Ditch Witch of NC (Raleigh, NC) $42,850.30 Southland Rental & Supply (Fayetteville, NC) $43,847.20 Prime Equipment Co. (Durham, NC) $44,928.00 Vermeer Carolinas, Inc. (Garner, NC) $53,242.46 O. Award of contract for construction of thirty-inch (30") ductile iron water main from Clinton Road (water tank) to Cedar Creek (1-95 at NC-53) to Dellinger, Inc., low bidder in the amount of $888,485.60. (PWC) Bids received were as follows: Dellinger, Inc. (Monroe, NC) $888,485.60 Bryant Electric (High Point, NC) $897,802.60 Wright & Lopez, Inc. (Greensboro, NC) $917,753.00 Mark H. Johnson (Newton Grove, NC) $941,709.20 T.A. Loving Co. (Goldsboro, NC) $959,110.00 McClam & Assoc. (Little Mountain, NC) $968,947.50 Billings & Garrett (Raleigh, NC) $ 71,815.30 J.F. Wilkerson (Morrisville, NC) $996,043.06 State Utility Contr. (Monroe, NC) $1,017,713.00 T.J. & L. Constr. (Henderson, TN) $1,041,199.00 W.M. Paris (Charlotte, NC) $1,053,968.00 Blue Construction (Sanford, NC) $1,061,485.00 Nortec Constr. (Fayetteville, NC) $1,371,614.56 P. Award of contracts for construction of PWC Apparatus Repair Shop. (PWC) Bid awards were as follows: A. General Constr.: Ace Constr. Company, Inc. $688,111.00 B. Plumbing: J.J. Barnes, Inc. $123,788.00 C. Mechanical J.J. Barnes, Inc. $244,933.00 D. Electrical Billy's Electric $ 88,700.00 Bid tabulations are attached. O. Request for necrology report to highlight the years of service of former Councilmember Joseph Pillow to the Fayetteville City Council, citizens of District 3 and the citizens of Fayetteville. 2-B. Adopt demolition ordinance for property located at 5318 Murchison Road (Owners: Joseph C. Furin, Anna Furim Reynolds, Doris Furin Kester) Councilmember Blackwell requested the Inspection Department check on a business (Martin's Quick Stop on Murchison Road) down the street from this building that he considers to be in just as bad of shape. DEMOLITION ORDINANCE FOR A STRUCTURE AT 5318 MURCHISON ROAD (OWNERS JOSEPH C. FURIN, MRS. DORIS F. KESTER AND MRS. ANNA F. REYNOLDS). ORDINANCE NO. NS1992-036. Councilmember Blackwell moved to adopt the foregoing ordinance, seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1992. 2-C. Approve the rezoning from C2P Central Business District to M2 Industrial District or to a more restrictive zoning classification for an area located at the southwest corner of the intersection of Lee Street and Racepath Street. (P92-126) Councilmember Cheek stated that her question would apply to items 2C and D. She asked Mr. Mitchell why there seemed to be a contradiction in the Planning Board's recommendation and the 2010 Plan recommendation. Mr. Mitchell responded that in that particular area there are buildings that can be recycled for those uses. Councilmember Cheek moved to approve items 2C and D, seconded by Councilmember Ross and carried unanimously. 2-D. Approve the rezoning from C3 Heavy Commercial District to P2 Professional District or to a more restrictive zoning classification for an area located at 429 Gillespie Street. (P92-129) Approved unanimously upon motion by Councilmember Cheek and seconded by Councilmember Ross. 2-F. Adopt Special Revenue Project Ordinance Amendment 93-1. This amendment appropriates proceeds from the North Carolina Controlled Substance Tax in the amount of $74,590.00 and represents the distribution for the period January through June, 1992. Councilmember Massey asked if these funds were from the Joint Narcotic Bureau or solely through City venture. Mr. Smith responded it was solely through City projects. Councilmember Massey moved to approve the amendment as requested, seconded by Councilmember Ross and carried unanimously. 2-G. Adopt Budget Ordinance Amendment 93-6. This budget ordinance amendment will appropriate $5,382.00 in donations for the Police Department to be used to purchase supplies for the DARE T-Shirt Program. Councilmember Blackwell asked if we know who donated this money. Mr. Smith responded he did not know exactly where the donations came from, however he could get this information from the Police Department if needed. Mr. Blackwell stated that this item should be considered at budget time and not depend solely on donations. Mr. Smith responded that this was a donation for a specific project and this is usually considered at budget time. Councilmember Blackwell moved to approve the budget ordinance amendment as requested, seconded by Councilmember Kendrick and carried unanimously. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for speakers for public hearings and nonpublic hearings. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour Speed Zone for Millbrook Road from Edgewater Drive to Thorncliff Drive. This item was presented by Traffic Services Director Louis Chalmers stating that he had received a petition signed by the majority of the residents of Millbrook Road requesting a 25-mile per hour speed limit on their street and this is the advertised public hearing for this date and hour for citizen input. The public hearing was opened at 7:28 p.m. and speaking in favor was Eric Dohrmann, 417 Wayberry Drive, stating that this should help in the safety of the children, school buses, and elderly in that area. Mr. William H. Warton, 2718 Millbrook and Mr. Carter McKaughan, 435 Northview Drive, both agreed with Mr. Dohrmann and added that they felt that a 4-way stop at Northview Drive would be very beneficial to slowing these drivers down in this area. There was none to appear in opposition to this request and there being none further to be heard on the matter the public hearing was closed at 7:34 p.m. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL). ORDINANCE NO. NS1992-037. Councilmember Cheek introduced the foregoing ordinance and moved its adoption. Seconded by Councilmember Robertson and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1992. Mr. Chalmers was asked to respond to the 4-way stop sign request and he stated that the past has proved that 4-way stops create more of a hazard than the good they bring. Mr. Chalmers referred to the Manual on Unified Traffic Control Devices and it shows basically that 4-way stops are usually temporary until stop lights are installed and he feels to install a 4-way stop sign would be in violation of this manual that Council adopted as a policy. Councilmember McBryde stated that there are still some 4-way stop signs in the City and the Traffic Engineers should have advised them if he felt these were a hazard. Mr. McBryde moved to refer this matter to the Council Streets and Roads Committee with staff making recommendation to the Committee and returning to Council as soon as possible. The motion was seconded by Councilmember Robertson and carried unanimously. B. Request for executive session for litigation - Councilmember Kendrick moved to enter executive session for litigation, seconded by Councilmember Bolton and carried unanimously at 7:44 p.m. Council resumed regular session at 8:17 p.m. upon motion by Councilmember Kendrick, seconded by Councilmember Blackwell and carried unanimously. 4. Planning Board Matters: A. Consideration of the addition of an MH(O) Manufactured Home Overlay District in an R6 Residential District to allow Class A Manufactured Homes on residential lots for an area bounded by the exterior perimeter of lots (with the exception of Lots 18 through 22 along the southern margin of Cardinal Circle) along Cardinal Circle and all interior lots between Cardinal Circle where it intersects in both places with the western margin of Plymouth Street. (P92-120) This item was presented by Deputy Planning Director Al Mitchell with a recommendation by the Planning Board for approval. Councilmember Kendrick moved to approve the request as submitted, seconded by Councilmember Cheek and carried unanimously. Councilmember Cheek requested staff to repair the potholes in the area of Cardinal Circle. 5. PWC Matters: A. Consideration of adoption of Bond Order authorizing and approving the issuance and sale under the provisions of the State and Local Government Revenue Bond Act, as amended, of not exceeding $15,000,000 aggregate principal amount of the City of Fayetteville, North Carolina, Public Works Commission Revenue Bonds, Series 1992A to provide funds for financing the completion of the 1990 Project (as defined in the Bond Order adopted by the City Council on November 5, 1992) and directing the authentication and delivery of the Series 1992A Bonds to the underwriters. This item was presented by PWC Manager Tim Wood with a recommendation of adoption of the bond order. Councilmember Kendrick moved to approve the adoption of the bond order as requested, seconded by Councilmember Ross and carried 8 to 0 with Councilmember Bolton abstaining. B. Consideration of adoption of Bond Order authorizing and approving the issuance and sale under the provisions of the State and Local Government Revenue Bond Act, as amended, of not exceeding $17,000,000 aggregate principal amount of the City of Fayetteville, North Carolina, Public Works Commission Revenue Bonds Series 1992B to provide funds for financing the construction of a Thermal Energy Storage System and directing the authentication and delivery of the Series 1992B Bonds to the underwriters. This item was presented by PWC Manager Tim Wood with a recommendation of adoption of the bond order as submitted. Councilmember Cheek moved to adopt the bond order as requested, seconded by Councilmember Ross and carried 8 to 0 with Councilmember Bolton abstaining. 6. Consideration of adoption of resolution confirming assessment roll and levying assessments for installation of sanitary sewer collection system in University Estates for Shaw Mill Road. (Continued from September 21, 1992) This item was presented by City Manager John Smith stating that Mr. Jean Berry had obtained an opinion from Tom J. Keith, MAI, that there was evidence of "no added value" for assessing this Barnhill property. Mr. Smith suggested that Council obtain an appraisal. Councilmember Bolton moved to have an appraisal done through PWC, seconded by Councilmember Massey. Mr. Berry had requested to appear before Council and Mayor Dawkins recognized Mr. Berry at this time. He stated that his recollection from the previous meeting was that Council delayed action on this assessment to allow him 60 days to obtain an appraisal at his expense. Councilmember Bolton withdrew his motion. Councilmember Cheek felt that the City had the responsibility to obtain an appraisal in addition to Mr. Berry's appraisal and offered this as a motion. The motion was seconded by Councilmember Blackwell. Councilmember McBryde stated that Council had voted to let Mr. Berry acquire an appraisal at his expense and he feels that this would be contradicting their past action. Mayor Dawkins called for a vote on the motion and it carried 7 to 2 with Councilmembers Bolton and McBryde voting in opposition. 7. Consideration of adoption of resolution reaffirming the City of Fayetteville Employees' Dependent Care Reimbursement Plan and PreTax Premium Plan; and establishing a Medical Reimbursement Spending Account Plan. This item was presented by City Manager John Smith with a recommendation to adopt a resolution. RESOLUTION REAFFIRMING THE CITY OF FAYETTEVILLE EMPLOYEES' DEPENDENT CARE REIMBURSEMENT PLAN AND PRE-TAX PREMIUM PLAN; AND ESTABLISHING A MEDICAL REIMBURSEMENT SPENDING ACCOUNT PLAN. RESOLUTION NO. R1992-182. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1992. 8. Consideration of two resolutions fixing dates of public hearings on questions of annexation pursuant to G.S. 160A-31 (Petition-initiated contiguous annexation areas) (Suggested Public Hearing Dates: December 7, 1992) A. Southland Pines - Tract 1 (Located south of Southland Drive) B. Southland Pines - Tract 2 (Located south of Southland Drive) RESOLUTION FIXING DATE OF PUBLIC HEARING (DECEMBER 7) ON QUESTION OF ANNEXATION. (SOUTHLAND PINES - TRACT 1, BROADWELL LAND COMPANY). RESOLUTION NO. R1992-183. RESOLUTION FIXING DATE OF PUBLIC HEARING (DECEMBER 7) ON QUESTION OF ANNEXATION. (SOUTHLAND PINES - TRACT 2, BROADWELL LAND COMPANY). RESOLUTION NO. R1992-184. Councilmember McBryde introduced the foregoing resolutions and moved their adoption. Seconded by Councilmember Bolton and carried 6 to 3 with Councilmembers Massey, Ross and Torrey voting in opposition. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1992. 9. Consideration of offer to purchase property at Maxwell Street. This item was presented by City Manager John Smith with a recommendation to have the City Manager advertise for upset bids and to set a time schedule for bringing the building up to code. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously. 10. Report from Streets, Roads and Sidewalks Committee. A. Consideration of Collector Street Plan. This item was presented by Committee Chairman Kendrick. He referred to the minutes of the committee meeting in the packet. City Manager John Smith stated the proposed collector streets and intersections list that are included in the packet are for planning purposes only and designate the streets and intersections as collector. Councilmember Bolton moved to adopt the collector street plan as submitted, seconded by Councilmember Torrey. Following some discussion, Councilmember Cheek stated she feels they are designating streets that are cut-throughs and she finds that inappropriate for residential. Councilmember Robertson agreed with Dr. Cheek. Mayor Dawkins called for a vote and the motion carried 7 to 2 with Councilmembers Cheek and Robertson voting in opposition. 11. Report from Policy Committee A. Review of Chapter 7 of the Fayetteville City Code. Policy Committee Chairman McBryde requested City Manager John Smith present this item. Mr. Smith stated that staff recommends that the ordinance not be changed concerning animals and fowl. This review was at the request from Ms. Rhonda Carson Concerning a Vietnamese pot-bellied pig as a pet. Councilmember Torrey moved to adopt the ordinance to allow one pig only with a maximum height no greater than 18 inches at the shoulder a weight of no more than 95 pounds. The motion was seconded by Councilmember Robertson. Councilmember McBryde asked Inspection Superintendent Frank Simpson for their findings on this matter. Mr. Simpson responded that 5 out of the 6 veterinarians contacted recommended against changing this ordinance. Also, Inspection Department's inquiries revealed that the only place in North Carolina that has amended their ordinance was a small rural community beyond Asheville. Councilmember Massey asked Ms. Carson if "Murphy" fit the height and weight of this recommended ordinance change. She responded that his height did but the weight did not. Councilmember Torrey stated he had checked with a consultant at the Institute of Government and was advised that only this particular breed of pig be considered and not to leave Murphy in limbo. Following discussion, Mayor Dawkins called for a vote and the motion failed 1 to 8 with Councilmembers Blackwell, McBryde, Robertson, Bolton, Ross, Massey, Cheek and Kendrick voting in opposition. B. Review of interest charged and discount allowed on assessment payments. Policy Committee Chairman McBryde, on behalf of the Policy Committee, moved to eliminate the discount and the interest rate to be set at each assessment by the City Council, with a maximum being 8% and the payment period to be extended from the current 5 years to 10 years. The motion was seconded by Councilmember Bolton. Following some discussion, Councilmember McBryde withdrew his motion. Councilmember Cheek moved to refer this item to the staff for a recommendation to be brought back to Council, seconded by Councilmember McBryde and carried unanimously. C. Review of terms for Board and Commissions. Policy Committee Chairman McBryde presented this item with no recommendation from the committee to Council. Council took no action. 12. Appointments: A. Nominations to fill one vacancy on Joint Senior Citizens Advisory Commission. There were no nominations to fill the vacancy of Margaret Shive for a 2-year term to September, 1994. B. Nominations to fill two vacancies on Fair Housing Hearing board. William T. Pratt was unanimously elected for a second term in the at-large Term to expire November, 1994. There were nominations to fill the vacancy of Sylvia X. Allen in the at-large category. C. Nominations to fill one vacancy on Parks and Recreation Advisory Commission. Sylvia R. Allen was elected unanimously to fill the vacancy of Beatrice Matthews to a term to October, 1994. 13. Administrative Reports A. Statement of taxes collected for the month of October, 1992, from the Cumberland County Tax Collector. Council accepted the statement of taxes collected for October, 1992, in the amount of $1,805,947.81. At this time, City Attorney Bob Cogswell recommended to Council that the property owned by the Randalls for the amount of $21,000.00. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Cheek and carried unanimously. Councilmember Ross requested that when the renaming of a road for Martin Luther King is done, she would like to give the credit to Councilmember Pillow because he had worked on getting this done and that was one of his last actions as a Councilmember. Councilmember Blackwell requested that the Council meet soon with the City Planning Board members and to meet with the County Commissioners as soon as possible and continue meeting on a regular basis. He also requested that no more items be added to the Council planning Retreat on December 4 because the agenda is getting overloaded for the time they will have to work on this. There being no further business the meeting was adjourned upon motion and seconded at 9:40 p.m. Approved December 7, 1992 Please Note: To view the Table for bids for PWC Apparatus Repair Shop Project, please see Book Y, page 265 of the City of Fayetteville Meeting Minutes. INFORMATION MEETING MINUTES NOVEMBER 23, 1992 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING MINUTES CITY HALL COUNCIL CHAMBERS NOVEMBER 23, 1992 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 Jimmy Teal, Assistant City Manager for Planning and Development Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Tom Ray, Airport Manager David Nash, Annexation Studies Coordinator John House, David M. Griffith & Assoc. Al Hathaway, Fayetteville Advocates Dr. Kurt Jenne, Institute of Government Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Assistant City Manager Ben Brown followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins requested the City Manager to offer our services to those counties that are in need following the tornado destruction. Mr. Smith stated that we will be working on that through the League of Municipalities. 1. Approval of Agenda. City Manager John Smith requested to add Dr. Kurt Jenne to item 6 as a speaker following his presentation. Councilmember Bolton moved to approve the agenda with the addition, seconded by Councilmember Kendrick and carried unanimously. 2. Presentation of User Fee Study. City Manager John Smith introduced Mr. John House, with David M. Griffith & Associates, who made a presentation of the Executive Summary of the User Fee Study to Council. Following discussion, questions and answers by Council and Mr. House, Council took no action. 3. Presentation of proposed logo. Mayor Dawkins introduced the members of the Fayetteville Advocates present in the audience and Mr. Greg Hathaway made the presentation of the logo that Council has previously approved. There have been some minor changes to accommodate printing. This logo will not only be used by the City on all department's letterhead and calling cards but will he used by all agencies in Fayetteville such as Olde Fayetteville Association, Chamber of Commerce and others. Mr. Hathaway stated that the advocates had been asked to redefine the City Seal. They made changes to allow for a small seal to be used. 4. Consideration of design and consultant contracts of the following: A. Police Administration Building This item was presented by City Manager John Smith stating that a Request for Proposals was published and sent to all local architects for the designing of the Police Administrative Building and four recreation centers. A group of City staff interviewed the bidders and are recommending that Council authorize the City Manager to negotiate with the architects MacMillan and Ellinwood for the Police Administration Building and Shuller & Associates for the recreation centers, and to execute a contract if negotiations are acceptable. There was discussion and Councilmember Blackwell stated that Ellinwood had bought out Mr. MacMillan and Mr. MacMillan would no longer be with the firm at the time of the construction. This will cause all engineers and workers to be from out of the Raleigh area rather than from our area. Another concern Mr. Blackwell spoke of was whether the interview team had checked past their presentation and into the references. Mr. Blackwell moved to table this matter until more information could be provided to him and other Councilmembers on the MacMillan and Ellinwood firm for the Police Administration Building. The motion was seconded by Councilmember McBryde and carried unanimously. B. Parks Capital Improvements Councilmember Kendrick moved to table the Parks Capital Improvement Consideration, seconded by Councilmember Cheek and carried unanimously. C. ADA CBD Parking Study D. Golf Course Feasibility Study Councilmember McBryde moved to table the consideration of the ADA CBD Parking study and the Golf Course Feasibility Study. The motion was seconded by Councilmember Kendrick. Councilmember Ross expressed concerns about where the money would cone from for these studies. Councilmember Robertson stated he would vote to table these items, however he still objects to taxpayer's money being spent on a golf course. Councilmember Massey was concerned that all of the firms contacted concerning the golf course for the studies were from out of state and wondered if there were no North Carolina consultants to be contacted. Mr. Smith responded that he felt that the Parks and Recreation would have contacted any North Carolina consultants if there were any. Mr. Smith clarified that the feasibility study is to determine if the City can, through a $O investment by providing some land, leverage about $3.5 to $4 million in development that could eventually be turned over to the City. The feasibility study would cost approximately $5,000. Councilmember Cheek asked if the feasibility study would take into consideration the demand study. Mr. Smith responded that that was one of the main objectives of the feasibility study. Mrs. Cheek requested that the study also show if the City can alternatively offer scholarships for the under-privileged children so that no one would be denied the use of the golf course. Mayor Dawkins then called for the vote and it was unanimous to table these items. 5. Consideration of Fayetteville Regional Airport proposal for location of F-16 Fighter Wing. This item was presented by Airport Manager Tom Ray. Offering a brief report on what the Airport briefed in their environmental assessment and what their options were that they considered. Mr. Ray also reported on the impact a withdrawal from the Air Force base would have on Fayetteville and Spring Lake as far as personnel and housing and reported on the advantages and disadvantages of using the Fayetteville Regional Airport. John Smith made a recommendation to make a formal written request to the Air Force to expand the Environmental Impact Study to consider the Fayetteville Regional Airport option. Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember Ross. Following some discussion, the vote was unanimous. At this time Mayor Dawkins recognized the Planning Board members Karl Legatski, John Canady and Peggy Vick present in the audience tonight. 6. Discussion of long-range planning issues. City Manager John Smith made a presentation to Council an outline of his perceptions of the overriding long-term issues facing the City. He presented the challenges and issues of transportation, downtown area, parks and recreation, land use, public safety, appearance of the City, annexation and fiscal area. Mayor Dawkins requested that Mr. Smith elaborate on the annexation findings on incorporated residents. Mr. Smith responded that Cumberland County is unique in the state in that there is not another county in North Carolina that has anywhere near the number of urban population living in an unincorporated area. Dr. Kurt Jenne, with the Institute of Government, stated he would be acting as a facilitator for the Planning Retreat. Council set the location for the retreat at the Airport US Air Conference Room on Concourse B for December 4, 1992, at 6:00 p.m. It will be continued through Saturday. There being no further business the meeting was adjourned at 9:40 p.m. upon motion and second. Approved December 21, 1992 REGULAR MEETING MINUTES MONDAY, DECEMBER 7, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, DECEMBER 7, 1992 7:00 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 7:05 p.m.; 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 Jason Brady, Public Information Officer Mike Walker, City Engineer Robert Barefoot, Parks and Recreation Director Tim Wood, PWC Manager George Vaughn, City County Planning Director Eddie Burke, Cherry, Bekaert & Holland 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 Randy White, Trinity Baptist Church in College Lakes, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Councilmember Massey had requested a quality report on past Councilmember Pillow to be done at the request of the members of District 3 at the November 23, 1992, Council Meeting and it is as follows: The late Joseph Lawrence Pillow served both his country and his community selflessly throughout his life. "Joe," as he was known to many of his friends and colleagues, came to Fayetteville like so many of our citizens, by way of the U.S. Army, which Joe had joined in 1951. His eventual assignment to Fort Bragg was fortunate for this community because retired Sergeant Major Joseph Pillow chose to make Fayetteville his home. Joe soon became a very important addition to our community. He gave of himself and of his talents freely to his business, to local government, to civic organizations, to his church, to the arts and to humanity. He was a devout member of the First Baptist Church, a member of the local branch of the National Association for the Advancement of Colored People, a member of the Cumberland County Community Action Program, a member of the Fayetteville Airport Commission, President of the Arts Council of Fayetteville and Cumberland County, and he served as a distinguished member of the Fayetteville City Council until his failing health no longer allowed him to continue his service to this governing body. Joe Pillow passed away on Sunday, November 8, 1992, but left with us his legacy of community pride and dedicated service to his fellow human being. In honor of his everlasting gift to this community, I, J.L. Dawkins, Mayor of the City of Fayetteville, and on behalf of the Fayetteville City Council and a grateful community, request that the above comments be included in the official minutes of the Fayetteville City Council, during its meeting of Monday, December 7, 1992. J.L. Dawkins Mayor At this time Councilmember Blackwell welcomed the Morganton Road school fourth grade beta club members and their sponsor Mrs. Sylvia Moore. Mr. Blackwell stated that many of them are from Pack 48 Weblos. Councilmember Ross also recognized Ms. Julia Culbreth and other citizens from Mt. Pleasant who are here tonight because they are interested in City government. 1. Approval of Agenda City Manager John Smith stated he had received a request from the petitioner of item 2F requesting to change the public hearing date to January 18th. Also on item 4E and F the action should be to repeal the November 18th action and adopt the bond order submitted tonight. Councilmember Bolton moved to approve the agenda with the changes, seconded by Councilmember Torrey and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmembers Cheek and Kendrick requested to pull item 2G for clarification. Councilmember Kendrick moved to approve the consent agenda with the exception of item 2G. After a second from Councilmember Robertson the consent agenda and following items were unanimously approved. A. Approve minutes of regular meeting of November 2, 1992. B. Approve minutes of regular meeting of November 16, 1992. C. Approve bid award for purchase of 75, 25 KVA CSP Overhead Transformers to National Transformer, low evaluated bidder (PWC) in the amount of $91,000. Bids received were as follows: National Transformer (Wake Forest, NC) $91,000 Eastern Electric (Raleigh, NC) $107,975 HESCO (Smithfield, NC) $98,525 Power & Telephone (Nashville, TN) $98,700 Rigby Electric (Rocky Mount, NC) $103,600 Tennessee Valley (Charlotte, NC) $99,050 WESCO (Raleigh, NC) $110,600 Power Supply (Matthews, NC) $103,600 D. Approve tax refunds over $100. Taxpayer's Nature of Property Name Clerical Error Description Amount Winn Dixie Charged with 3841 Murchison Rd. $108.01 Raleigh, Inc. incorrect value. 1983 cost figure incorrectly keyed. Assessed value should have been $167,500. E. Approve lease agreement between City of Fayetteville and Bragg Mutual Federal Credit Union for Space in City Hall building. F. Set public hearing for January 18, 1993, to consider the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on the west side of McArthur Road (SR 1600), north of Mosswood Lane. Containing 102.63 acres more or less and being all of Annexation No. 92-09-356, known as the "McLean and Thompson Property," and being the property of persons holding freehold interests in the property in this area as on file in the office of the City Clerk and as being annexed by the city of Fayetteville, North Carolina, on September 30, 1992. (P92-107) G. (Pulled for discussion) H. Adoption of Budget Ordinance Amendment 93-7. This budget ordinance amendment reflects an anonymous donation of $2,000 to the Police Department to be used to provide emergency relief for crime victims in need of assistance. I. Adopt of special Revenue Project Ordinance Amendment 93-2. This appropriates proceeds received from the NC Crime Control and Public Safety and the City's local match totaling $3,500 to purchase a computer and printer to be specifically used in a "stand-alone mode" for the Safe Streets Now Program. J. Adoption of Special Revenue Project Ordinance 93-4. This appropriates proceeds awarded to the City by the US Department of Housing & Urban Development in the amount of $750,000. These funds are to be used to set up and operate a HOME Investment Partnership Program. K. Authorize City Manager to amend contract with Olde Fayetteville Investments for 30 day extension. (225/227 Hay Street) This extension is granted in order to allow for the necessary permits and repairs. 2-G. Approve the initial zoning to P2 Professional District, P3(P) Flex Office District and PND Planned Neighborhood District or to more restrictive zoning classifications for an area located on the north side of Morganton Road, directly north of the intersection of Morganton Road and east Loch Haven Drive and being known as "Westlake at Morganton Road, Phase I." Containing 14.78 acres more or less and being all of Annexation Number 92-10-357, the property of persons holding freehold interests in this area as on file in the office of the City Clerk and as being annexed by the City of Fayetteville, North Carolina, on October 31, 1992. (Case P92-139) Councilmembers Cheek and Kendrick requested a clarification of the map. Dr. Cheek stated she was unable to find the P2 initial zoning. Planning Director, George Vaughn, pointed out that the Tract 1 was for P3(P), Tract 2 (shown on the map) was for the PND, and Tract 3 would be to P2 as indicated on the legend of the map. Councilmember Cheek moved to approve the initial zoning as recommended, seconded by Councilmember Bolton and carried unanimously. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for public hearings and for nonpublic hearings speakers. A. Consideration of adoption of resolution confirming assessment rolls and levying assessments for the paving of Pate Drive. This item was presented by the City Attorney Bob Cogswell with a recommendation for adoption of the resolution confirming the assessment rolls and levying the assessments. He submitted a certification that notices were mailed by first class mail to the owners of the property shown on the preliminary assessment roll. 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. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (PAVING PATE DRIVE). RESOLUTION NO. R1992-185. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in resolutions Book R1992. B. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32 "Zoning" to set forth provisions for conditional use overlay districts. (P92-133) This item was presented by Planning Director George Vaughn with a recommendation from the Planning Board for approval. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:22 p.m. and speaking in favor was Herb Thorp, 2929 Skye Drive, stating he feels that the conditional use overlay is a method whereby the City can protect the subdivisions and the residential areas from the encroachment into the area by undesirable uses. He stated that many times he has lost a zoning case and that Council had made comment that it would have been a perfect example of Conditional Use Overlay if the City had it. Mr. Thorp concluded that this is the time to approve the conditional use overlay, which would give the necessary flexibility. Bill Wellons, Jr., 406 Overton Place, stated that this is not spot-zoning as has been suggested in the past. He stated that Council would be able to dictate the hours of operation and the type of screening of the property. The Conditional Use Overlay would make it so that the Planning Board would not have such a difficult time operating the way have to now. Dr. Kimun Constas, 4314 Morganton Road, stated that Council would have the option to control the land use which would not be spot-zoning. Speaking in opposition was Larry McGlothlin, 303 Whitney Drive. He stated that be is the speaker for the Talleywood area mainly and is speaking as a resident of Westwood as well. He stated the Conditional Use Overlay gives the residents no protection at all. They don't understand why they need flexibility in a residential neighborhood. There were approximately 50 residents in the audience in opposition to this matter. Mr. McGlothlin suggested that instead of putting in businesses in the residential areas, they should rent or buy commercial property that is standing empty. He concluded that if this is approved, they would be inviting disaster into the neighborhoods traffic-wise. Dick Earle, 313 Palomar Drive, Westwood area, stated that he had canvassed his street and none of the residents are in favor of this Conditional Use Overlay. He feels this overlay would cause people to buy residences instead of helping to revitalize downtown businesses. Sue Brown Bandy, 1215 Hilltop Avenue, Haymount Area, stated that it would not benefit more people than it would benefit. Frank Ostmann, 451 Harlow Drive, stated he felt that if Council approved this Conditional Use Overlay, then their streets will become like Hope Mills Road, which was residential 10 years ago and now has more businesses than residents. Ben Watson, 1916 Swan Street, Mallard Creek area, stated he was not so much against the Conditional Use Overlay as he was for protecting the neighborhoods. He stated he was concerned with the safety in his neighborhood and adopting this Conditional Use Overlay might bring in people that do not care about the neighborhood. Also speaking in opposition was Matthew Smith, 3101 Hyman Place, Murray Hills area, stating he was concerned with the encroachment that would take place in the neighborhoods if Council approved this overlay. David Nichols, 3540 Farmbrook Road, stated he feels that the Special Use Permit will take care of any business that conforms to the area and this is not the time to put the Conditional Use Overlay into effect. Hubert (Tony) Noble, 111 Hearthstone Drive, stated that if Council approves this conditional use overlay they will be negating all of the many man-hours and hundreds of dollars that has been put in to the 2010 plan. He stated that this would open the "Pandora's Box" and feels that it could not be enforced. There being none further to be heard on this matter the public hearing was closed at 7:55 pm. Councilmember Kendrick moved to deny the Conditional Use Overlay, seconded by Councilmember Ross. Councilmember Cheek stated she would support the motion but requested staff to try and find a way to work with the businesses grandfathered in upon annexation so that they will not have to go out of business because of not being able to make improvements or get loans. She also requested staff to check into the home occupation statute as well. City Attorney Bob Cogswell, responded that some of the situations referred to at the public hearing are being checked into. Councilmember Ross stated she cannot vote for the Conditional Use Overlay because of what she has already witnessed happening in the neighborhoods. Councilmember Massey stated he too would have to vote against the Conditional Use Overlay because every Councilmember had voted at the retreat last weekend to conserve the neighborhoods. He also had talked with many people concerning this and could find no one in favor, therefore he would have to vote against the overlay. Councilmember Blackwell stated based on what he would want next to his home he could not vote in favor of the overlay. Mayor Dawkins called for a vote on the motion to deny by Councilmember Kendrick, seconded by Councilmember Ross, and it passed unanimously. C. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Section 32-29 C1P Shopping Center District by adding the following as a permitted use: Mini Warehouse. (P92-134) This item was presented by Planning Director George Vaughn stating that Council initiated this item in August and the Planning Board has recommended approval. This is the advertised public hearing for this date and hour. The public hearing was opened at 8:15 p.m. and speaking in favor was Herb Thorp, 2929 Skye Drive, stating he felt that it would be much better to put this mini warehouse permitted use under the C1P to allow the control. Also appearing in favor was Matthew M. Smith, Jr., 3101 Hyman Place, stating he is in the storage business and feels that this mini storage warehouse is needed for the apartment dwellers as well as people in homes that need extra storage space. There being none further to be heard on this matter the public hearing was closed at 8:17 p.m. ORDINANCE AMENDING CHAPTER 32 AND CREATING NEW SECTION 32-29(4) (mini warehouse). ORDINANCE S1992-022. Councilmember Kendrick moved to adopt the foregoing ordinance, seconded by Councilmember McBryde and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1992. D. Consideration of adoption of the following ordinances to extend the corporate limits of the City of Fayetteville, NC, (petition-initiated Contiguous Annexation Areas). This item was presented by Deputy City Manager Roger Stancil with a complete annexation report. This is the advertised public hearing. 1. Southland Pines - Tract 1 (South of Southland Drive-Adjacent to College Lakes Neighborhood) The public hearing was opened at 8:25 p.m. and there being none to be heard on this matter the public hearing was closed. ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE. ANNEXATION ORDINANCE NO. 92-12-358. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 6 to 3 with Councilmembers Ross, Massey and Torrey voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1992. 2. Southland Pines - Tract 2 (South of Southland Drive-Adjacent to College Lakes Neighborhood) The public hearing was opened at 8:25 p.m. and there being none to be heard on matter the public hearing was closed. ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE. ANNEXATION ORDINANCE NO. 92-12-359. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 6 to 3 with Councilmembers Ross, Massey and Torrey voting in opposition. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1992. 3. Pizza Hut and Taco Bell Sites (Western Side of Ramsey Street, at Intersection of Rosamond Drive.) The public hearing was opened at 8:25 p.m. and there being none to be heard on this matter the public hearing was closed. ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE. ANNEXATION ORDINANCE NO. 92-12-360. 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 Annexation Ordinance Book 1992. 4. PWC Matters: A. Consideration of bid aware for purchase of 100, 50 KVA Padmounted Transformers to National Transformer Sales, Inc., low evaluated bidder meeting specifications in the amount of $119,800. This item was presented by PWC Manager Tim Wood. Bids received were as follows: National Transformer (Wake Forest, NC) $119,800 WESCO (Raleigh, NC) $127,600 HESCO (Smithfield, NC) $105,700 Eastern Electric (Raleigh, NC) $118,800 Rigby Electric (Rocky Mount, NC) $127,600 Power Supply (Matthews, NC) $127,400 Councilmember Robertson moved to award the contract as recommended, seconded by Councilmember Cheek and carried unanimously. B. Consideration of bid award for purchase of 26, 25 KVA Padmounted Transformers to Eastern Electric, low evaluated bidder meeting specifications in the amount of $24,804. This item was presented by Public Works Manager Tim Wood with a recommendation to award the contract to the low evaluated bid meeting specifications. Bids received were as follows: Eastern Electric (Raleigh, NC) $24,804 WESCO (Raleigh, NC) $32,526 HESCO (Smithfield, NC) $22,230 National Transformer (Wake Forest, NC) $27,326 Rigby Electric (Rocky Mount, NC) $29,172 Power Supply (Matthews, NC) $29,172 Councilmember Robertson moved to award the contract as recommended, seconded by Councilmember Cheek and carried unanimously. C. Consideration of bid award for purchase of 30, 100 KVA Padmounted Transformers to WESCO, low evaluated bidder meeting specifications in the amount of $48,480. This item was presented by Public Works Manager Tim Wood with a recommendation to award the contract to the low evaluated bidder meeting specifications. Bids received were as follows: WESCO (Raleigh, NC) $48,480 Eastern Electric (Raleigh, NC) $56,610 HESCO (Smithfield, NC) $46,560 National Transformer (Wake Forest, NC) $52,140 Rigby Electric (Rocky Mount, NC) $65,970 Power Supply (Matthews, NC) $65,970 Councilmember Robertson moved to award the contract as recommended, seconded by Councilmember Cheek and carried unanimously. D. Consideration of award of contracts of major equipment and construction of tanks in connection with the Thermal Energy Storage project (Butler-Warner Generation Plant). This item was presented by PWC Manager Tim Wood with a recommendation to award all contracts to low evaluated bidders meeting specifications and schedule requirements as follows: Contract 1 - Refrigerator Equipment to Henry Vogt Machine Co. (Louisville, KY) alternate (turbo) bid for $1,974,000. Bids received were as follows: Henry Vogt Machine Co. (Louisville, KY) $1,891,300 *Vogt Alternate (Turbo) (Louisville, KY) $1,974,000 Paul Mueller (Springfield, MO) $2,157,300 Morris & Associates (Raleigh, NC) $3,516,000 Contract 8 - Transformers to Ferranti-Packard Dunkirk, NY in the amount of *427,750. Bids received were as follows: ABB Power T & D Co., Inc. (Shawnee Mission, KS) $437,100 *Ferranti-Packard (Dunkirk, NY) $427,750 Rigby Electric Supply (Rocky Mount, NC) $657,140 Kuhlman Corporation (Crystal Springs, MS) $401,845 Contract 9 - Switchgear and Power Center to Power Supply, Inc. (Matthews, NC) in the amount of $323,060. Bids received were as follows: *Power Supply, Inc. (Matthews, NC) $323,060 Rigby Electric Supply (Rocky Mount, NC) $331,148 HESCO, Inc. (Smithfield, NC) $319,285 Contract 3 - Chilled-Water Pumps to ITT AC Pumps in the amount of $196,567. Bids received were as follows: Fairbanks-Morse (Kansas City, MO) $180,008 Does not meet specifications *ITT AC Pumps (Cincinnati, OH) $196,567 Patterson Pump (Toccoa, GA) $302,311 Pnucor (I-R) (Raleigh, NC) $263,605 Does not meet schedule. Contract 4 - Ice Storage Tanks to Crowder Constructions Co. alternate bid of $1,709,468 and to Fisher Tanks Company's bid of $146,900 for the condensate tank. Bids received were as follows: Condensate Tank Brown-Minneapolis Tank (Birmingham, AL) $2,319,915 $235,450 Pitt-Des Moines, Inc. (Atlanta, GA) $2,307,300 $198,670 *Fisher Tank Company (Lexington, SC) No bid $146,900 *Crowder Construction Co. (Morrisville, NC) $1,709,468 No bid Powell Construction Co. (Johnson City, TN) $1,902,405 No bid T.A. Loving Company (Goldsboro, NC) $1,815,00 No bid Councilmember Robertson moved to follow the recommendation to award the bids as presented, seconded by Councilmember Cheek and carried unanimously. E. Consideration of adoption of Supplemental Bond Order authorizing and approving the issuance and sale under the provisions of the State and Local Government Revenue Bond Act, as amended, of not exceeding $15,000,000 aggregate principal amount of the City of Fayetteville, North Carolina, Public Works Commission revenue Bonds, Series 1992A to provide funds for financing the completion of the 1990 Project (as defined in the Bond Order adopted by the City Council on November 5, 1990) and directing the authentication and delivery of the Series 1992A Bonds to the underwriters. Councilmember Bolton requested to abstain from voting on items E and F. Councilmember Cheek moved to honor Mr. Bolton's request to abstain, seconded by Councilmember Cheek and carried unanimously 8 to 0. This item was presented by City Manager John Smith stating that Council had approved the bond orders on November 16, 1992, and changes have been received from the Trustees Counsel, Financial Security Assurance, Inc. and Moody's. The proposed changes have been reviewed and the recommendation is to repeal the action of November 16th and approve the bond orders submitted. Councilmember Cheek moved to follow the recommendation, seconded by Councilmember Ross and carried 8 to 0 with Councilmenber Bolton abstaining. F. Consideration of adoption of Supplemental Bond Order authorizing and approving the issuance and sale under the provisions of the State and Local Government Revenue Bond Act, as amended, of not exceeding $17,000,000 aggregate principle amount of the City of Fayetteville, North Carolina, Public Works Commission Revenue Bonds, Series 1992B to provide funds for financing the construction of a Thermal Energy Storage System and directing the authentication and delivery of the Series 1992B Bonds to the underwriters. This item was presented by City Manager John Smith stating that Council had approved the bond orders on November 16, 1992, and changes have been received from the Trustees Counsel, Financial Security Assurance, Inc. and Moody's. The proposed changes have been reviewed and the recommendation is to repeal the action of November 16th and approve the bond orders submitted. Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember McBryde and carried 8 to 0 with Councilmember Bolton abstaining. PWC staff was excused at 8:40 p.m. 5. Consideration of adoption of Budget Ordinance Amendment 93-5 for construction of skateboard facility. This item was presented by City Manager John Smith stating that this has come back to Council following the skateboarders raising the matching funds as requested by Council. Councilmember McBryde moved to adopt the budget ordinance amendment, seconded by Councilmember Ross. Councilmember Kendrick questioned the City Risk Manager's suggestion that the City not charge fees or scheduling competitive contests, however the operations guidelines shows that fees and competitive events will be scheduled. Mr. Smith responded that generally speaking, if you charge a fee that will be considered proprietary action it is difficult to ever claim governmental immunity in case of a serious accident. Parks & Recreation Director Robert Barefoot also responded that the fees charged would not be for competition but would be for membership to a club. Insurance is also made available. They also require medical coverage for the activities. Following discussion, a friendly amendment was accepted from Councilmember Kendrick that medical coverage and a waiver be required. Councilmember Cheek stated she wants a good management plan and cost plan to be done and included in the budget. Also to have a scholarship or some other means to be arrived at so that no child will be excluded use because of the fees and insurance costs. Following discussion, Mayor Dawkins called for a vote and the motion carried 9 to 0. 6. Consideration of design and consultant contracts on the following: A. Police Administration Building B. Parks and Capital Improvements C. ADA CBD Parking Study D. Golf Course Feasibility Study Councilmenber Bolton moved to authorize the City Manager to negotiate the contracts for items A, B, C, and D. The motion was seconded by Councilmember McBryde. Councilmember Blackwell offered a substitute motion to enter executive session for employment. Councilmember McBryde stated he felt they could enter that discussion without executive session and would vote against a substitute motion. Mayor Dawkins called for a vote on the substitute motion and it carried 7 to 2 at 9:00 p.m. with Councilmembers McBryde and Bolton voting in opposition. Council reconvened into regular session at 9:30 p.m. and Councilmember Bolton moved to authorize the City Manager to negotiate the contracts for items A, B, C, and D and return to Council. The motion was seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Ross voting in opposition. Councilmember Cheek stated this would be a major downtown City project and requested that provision be made that staff and architects work through Appearance Commission, Historic Resources Commission or rejuvenate Council's Buildings and Properties Committee on these projects. Mayor Dawkins will be appointing Councilmembers to the Buildings and Properties Committee. Mr. Smith added that both the Historic Resources Commission and the Appearance Commission would have to review the plans by ordinance. Also, there would be a provision in the contract requiring the architect to do this. 7. Presentation and acceptance of Fiscal Year 1991-92 Financial Audit. This item was presented by Eddie Burke of Cherry, Bekaert & Holland with a recommendation to accept the report. Councilmember Bolton moved to accept the financial audit for fiscal year 1991-92, seconded by Councilmember Kendrick and carried unanimously. 8. Consideration of award of contract for purchase of Trailer-Mounted Crack-Sealing Machine to Linear Dynamics, Inc., sole bidder in the amount of $27,675. This item was presented by City Manager John Smith with a recommendation to award the contract to the sole bidder. Councilmember Robertson moved to follow the recommendation, seconded by Councilmember Massey and carried unanimously. 9. Consideration of the following revisions of Council Policies: (Continued from November 16, 1992, Regular Meeting) A. Approval of Assessment Payment Policy B. Rescission of Assessment Discount Policy This item was presented by City Manager John Smith stating that this policy states that at the time of the confirmation of the assessment roll, the City Council in its discretion may adjust the rate to an amount equal to the rate on the ten-year Treasury Note as of the date of the confirmation of the assessment roll, not to exceed the maximum amount by law. This policy also eliminates the 30% discount for early payment. Councilmember McBryde moved to approve policies A and B, seconded by Councilmember Massey. Councilmember Robertson stated he feels that we should offer an incentive to pay up-front through discounts and would have to vote in opposition. There being no further discussion Mayor Dawkins called for a vote and the motion carried 8 to 1 with Councilmember Robertson voting in opposition. 10. Consideration of award of contract for street lighting maintenance in the downtown area to King Electric Company in the amount of $7,300. This item was presented by City Manager John Smith. Following Mr. Smith's presentation and discussion by Council, Councilmember Blackwell moved to table this item until they meet with PWC. The motion was seconded by Councilmember Kendrick and carried unanimously. 11. Appointments: A. Nominations to fill one vacancy on Joint Senior Citizens Advisory Commission. Councilmember Massey nominated Mary E. Dillon to fill the vacancy of Margaret Shive to September 1994. B. Nominations to fill one vacancy on Fair Housing Hearing Board. Councilmember Ross nominated Julia Culbreth and Councilmember Massey nominated Charnell Green to fill the vacancy of Sylvia X. Allen to November 1994. C. Nominations to fill five vacancies on Appearance Commission. The following nominations were made. Robert St. Onge and Bill Pollitt were nominated in the at-large category for second terms by Councilmember Kendrick. Chalmers McDougald was nominated to fill the vacancy of William Clement in the at-large category by Councilmenber Massey. Jimmy Kizer was nominated for a second term in the engineer category by Councilmember Bolton. Ben Rogers was nominated by Councilmember Blackwell for the engineer category also. There were no nominations to fill the vacancy of Judy Masters, landscape category. D. Nominations to fill two vacancies on Personnel Review Board. Joel Allen was nominated for a second term as an alternate member by Councilmember Bolton and Bobby R. Davis was nominated for a second term by Councilmember Robertson. F. Nomination to fill two vacancies on Redevelopment Commission. Christina Smith was nominated for a second term by Councilmember Ross and there was no nomination to fill the vacancy of Helen Farrior. 12. Administrative Reports: A. Report on tax refunds less than $100. Please Note: To view the tax refund table, please see Book Y, page 279 of the City of Fayetteville Meeting Minutes. B. Statement of taxes collected for the month of November 1992, from the Cumberland County Tax Collector. The statement of taxes collected was submitted in the packet showing a total collection for the month of November 1992 of $2,662,788.98. There being no further business, the meeting was adjourned upon motion and second at 10:06 p.m. Approved January 19, 1993 REGULAR MEETING MINUTES MONDAY, DECEMBER 21, 1992 FAYETTEVILLE CITY COUNCIL REGULAR MEETING MINUTES CITY HALL COUNCIL CHAMBERS 433 HAY STREET MONDAY, DECEMBER 21, 1992 7:00 Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Tommy Bolton (District 1), Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Mark Kendrick (District 6) Absent: Nat Robertson, Jr. (at-large) - excused Others Present: 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 Jason Brady, Public Information Officer Mike Walker, City Engineer Louis Chalmers, Traffic Services Director Pete Piner, Fire Chief Alan Noble, Assistant Fire Chief Joe Farrior, Fire Marshall Richard Herrera, Community Services Director Jerome Brown, Transit Director 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 Mayor Dawkins wished everyone a Merry Christmas and Happy New Year and called on Reverend Henry Earl Morrison, Pastor of Rock Spring AME Zion Church to offer the invocation. The Mayor then lead the pledge of allegiance to the American Flag. RECOGNITION Mayor Dawkins stated that Councilmember Massey's wife had gone home from the hospital from having tests made and our prayers are with her. He acknowledged that Councilmember Robertson had been excused from tonight's meeting and City Manager John Smith was excused from tonight's meeting to go out of the country. 1. Approval of Agenda Deputy City Manager Roger Stancil requested to pull item No. 16 from the agenda. Councilmember Cheek moved to have executive session for contract qualifications before item 5. The motion was seconded by Councilmember Ross and carried unanimously 8 to 0. Councilmember Bolton moved to approve the agenda with exception of No. 16 and the addition of an executive session for item 5. The motion was seconded by Councilmember Kendrick 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 Kendrick moved to approve the consent agenda as presented. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved. A. Approve minutes of Information Meeting of November 23, 1992. B. Set public hearing for January 19, 1993, to consider initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on the west side of McArthur Road (SR 1600), north of Mosswood lane. Containing 102.63 acres more or less and being all of Annexation No. 92-09-356, known as the "McLean and Thompson Property", and being the property of persons holding freehold interests in the property in this area as on file in the office of the City Clerk and being annexed by the City of Fayetteville, North Carolina, on September 30, 1992. (P92-107) C. Adopt Special Revenue Fund Project Ordinance No. 93-5. This project ordinance appropriates $48,000 in Federal Transit Administration (FTA) Capital Grant Funds and $6,000 each in state and local funds for the purchase of transmissions and engines for the FAST system. D. Adopt resolution designating Financial Planning and Reports Manager as Deputy Finance Director. RESOLUTION DESIGNATING THE FINANCIAL PLANNING AND REPORTS MANAGER AS DEPUTY FINANCE DIRECTOR. RESOLUTION NO. R1992-186. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. E. Adopt ordinance amending Chapter 20, "Motor Vehicles and Traffic," Section 20-106, Schedule Mo. 6 - Stop Intersections. (Newly annexed areas) AM ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1992-038. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1992. F. Set public bearing for January 4, 1993, to consider No Parking on Langdon Street. G. Set public hearing for January 19, 1993, to consider the closing of a portion of Upton Street. (Resolutions submitted in agenda packet) RESOLUTION AUTHORIZING ACCEPTANCE OF A PORTION OF UPTON STREET. RESOLUTION NO. R1992-187. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF UPTON STREET. RESOLUTION NO. R1992-188. A copy of the foregoing resolutions is on file in the Clerk's office in Resolutions Book R1992. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for public hearing speakers nonpublic hearing speakers. A. Consideration of establishment of the number of Certificates of Convenience and Necessity for Taxicabs operating within the City of Fayetteville. This item was presented by Jerome Brown, Taxicab Review Board Chairman, with a recommendation of the current number of 110 certificates be retained until a more detailed analysis can be deducted. This is the advertised public hearing for this date and hour. The public hearing was opened at 7:21 p.m. and there being none to speak in favor or opposition to this matter, the public hearing was closed. Following some discussion, Councilmember Kendrick moved to approve the 110 certificates as recommended, seconded by Councilmember Bolton and carried unanimously 8 to 0. 4. PWC Matters A. Consideration of award of contract for purchase of 7500 feet of 750 MCM cable to Scott-Parish, low evaluated bidder (in the amount of $38,325). Bids received were as follows: Scott-Parish (Raleigh, NC) $38,325.00 Eastern Electric (Raleigh, NC) $39,607.50 Rigby Electric (Rocky Mount, NC) $40,875.00 WESCO (Raleigh, NC) $39,085.00 Councilmember Bolton moved to award the contract to the low evaluated bidder as recommended, seconded by Councilmember Cheek and carried unanimously 8 to 0. B. Consideration of award contracts for Upgrade and Expansion of the Glenville Lake Water Treatment Plant to Crowder Construction Company, General Contractor, in the amount of $5,784,040 and Bryant Electric Company, Inc., Electrical Contractor in the amount of $779,000, low bidders. Bids received were as follows: Contract 2A - General Construction: Crowder Construction (Charlotte, NC) $5,784,040 Crain & Denbo, Inc. (Durham, NC) $5,869,190 Danis Industries, Corp. (Birmingham, AL) $6,037,000 Powell Construction Co. (Johnson City, TN) $6,037,000 State Utility Contractors, Inc. (Monroe,NC) $6,039,000 Bryant Electric Co., Inc. (High point, NC) $6,488,030 Republic Contracting Corp. (Columbia, SC) $7,424,900 Contract 2B - Electrical Construction: Bryant Electrical Co. (High Point, NC) $779,000 Barnes & Powell Electrical Co., Inc. (Elm City, NC) $827,000 T & H Electrical Corp. (Wilson, NC) $837,607 Via Electric Company (Madison, NC) $847,585 Watson Electrical Construction Co. (Wilson, NC) $848,000 H.V. Allen Co., Inc. (Greensboro, NC) $861,000 King Electric, Inc. (Johnson City, TN) $902,000 Councilmember Cheek moved to award the contracts to the low bidders as recommended, seconded by Councilmember Ross and carried unanimously 8 to 0. Councilmember Cheek moved to enter executive session for independent contractor qualifications for item 5, The motion was seconded and carried unanimously at 7:27 p.m. Council entered regular session at 8:05 p.m. and considered the following: 5. Consideration of commencement of annexation proceedings for two areas in order to eliminate a gap in the City Limit Line. Deputy City Manager Roger Stancil presented this item and requested a modification be made to the agreement for services with the contractors on article 8.3 to change the words so that if either party decides to terminate the contract, the work stops immediately upon notification and that both parties then agree in writing what they will pay for after that date, i.e., if the architect is in the middle of drawings and we want to authorize him to finish them it can be worded that way. Councilmember Blackwell stated that he has some reservations in the contracts but has confidence in Mr. Stancil as the project manager to have his reservations closely scrutinized. Councilmember Massey concurred. A. Police Administration Building Councilmember Bolton moved to award the contracts with the recommended modifications to MacMillan and Ellinwood as recommended, seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Robertson being absent. B. Parks Capital Improvements Councilmember Bolton moved to award the contracts to Shuller and Associates with the recommended modifications, seconded by Councilmember Cheek and carried 6 to 2 with Councilmembers Kendrick and Ross voting in opposition and Councilmember Robertson being absent. C. Golf Course Feasibility Study Councilmember Bolton moved to award the contract to Golf Resource Associate, Inc. (GRA) with the recommended modifications, seconded by Councilmember McBryde and carried 6 to 2 with Councilmembers Kendrick and Ross voting in opposition and Councilmember Robertson being absent. 6. Consideration of commencement of annexation proceedings for two areas in order to eliminate a gap in the City Limit line. This item was presented by Deputy City Manager Roger Stancil with a it recommendation to adopt the resolutions. A. Consideration of resolution directing Clerk to investigate a petition received under G.S. 160A-31 (Petition-Initiated Contiguous Area) (Property of Trinity. Baptist Church - Located South of Sanctuary Building). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1992-189. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 8 to 0. B. Consideration of resolution stating the intent of the Fayetteville City Council to annex property owned by the City which is contiguous to the existing municipal boundaries (City Property "PWC" - Vacant land located south of Southland Drive, southeast of existing PWC Substation). 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 NO. R1992-190. Councilmember Cheek introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 8 to 0. A copy of the foregoing resolutions is on file in the Clerk's office in Resolutions Book R1992. 7. Consideration of offer to purchase property located at 701-703 Hay Street. This item was presented by Deputy City Manager Roger Stancil stating that this property was purchased by the City in 1981 for $44,400 to extend Hillside Avenue. Following the decision to not extend that street, no acceptable offer was received following advertisement to sell the lot. Dawn C. and William M. Hester have made an offer to purchase the property for $22,500 and agreed to move the "Historic MacPherson House" to this property to have portions of the house available for bed and breakfast purposes. Although the current offer is less than its 1982 appraised value of $65,000, the offer will create positive development and return this property to the tax books, therefore it is recommended that the City advertise this offer for upset bids. Councilmember Kendrick moved to follow the recommendation to advertise for upset bid, seconded by Councilmember McBryde and carried unanimously 8 to 0. 8. Consideration of adoption of a resolution authorizing sale of City property located on the east side of Maxwell Street. Deputy City Manager Roger Stancil presented this item stating that Karl Legatski (representing Culbreth Partners) has made an offer to the City to purchase the L-shaped property surrounding the building at this address for the sum of $1,000. The authorized advertisement for upset bid was delayed through no fault of Legatski and he needs to purchase this property before the end of this year. Mr. Stancil's recommendation was to change the wording at the end of the resolution to "approve" the resolution instead of adopt," and to authorize the sale of this property on the condition that at the end of ten days advertising, no upset bids are received. If upset bids are received the item would be placed on the agenda for the first meeting in January. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1992-191. Councilmember Bolton moved to approve the foregoing resolution with the conditions recommended, seconded by Councilmember McBryde and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1992. 9. Consideration of request from N.C. DOT for speed limit revisions on Bragg Boulevard (CBD Loop to Glenville Avenue) This item was presented by City Traffic Engineer Louis Chalmers with a recommendation to refer this matter to the Council Streets and Roads Committee. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember McBryde. Councilmember Cheek stated she feels this issue was well ventilated in a recent public hearing and would have to vote against the matter. Councilmember McBryde stated he personally is opposed to the speed change, however, Council operates under the committee system and there has been a request presented. Mayor Dawkins called for a vote on the motion and it carried 6 to 2 with Councilmembers Cheek and Ross voting in opposition. At this time Mayor Dawkins stated that he has appointed a committee for buildings and grounds to be chaired by Councilmember Bolton with Councilmembers McBryde and Torrey as members. 10. Consideration of request from N.C. DOT for speed limit revisions on Whitfield Road. This item was presented by Traffic Engineer Louis Chalmers with a recommendation to refer this matter to the Council Streets and Roads Committee. Councilmember McBryde moved to follow the recommendation to refer this to the Streets and Roads Committee of Council, seconded by Councilmember Bolton and carried 7 to 1 with Councilmember Ross voting in opposition. 11. Consideration of approval of the following changes to Fire Prevention Code and implementation: A. Adoption of ordinance amending Chapter 12, Fire Protection and Prevention, of the Fayetteville City Code. This item was presented by Deputy City Manager Roger Stancil with a recommendation to adopt the ordinance for revisions of the Fire Prevention Code and the adoption of the inspection schedules and fee schedule. AN ORDINANCE AMENDING VARIOUS REVISIONS OF CHAPTER 12, FIRE PROTECTION AND PREVENTION. ORDINANCE NO, S1992-023. Councilmember Bolton moved to adopt the foregoing ordinance, inspection schedule and fee schedule, seconded by Councilmember Cheek. Fire Chief Piner, Assistant Fire Chief Noble, and Fire Marshall Farrior were included in the discussion and were asked questions about the fee schedule in particular. Following this discussion Councilmember Cheek requested to amend the motion to add that request for exemption of tent permits be handled separately. The amendment was accepted and following further discussion, the motion carried unanimously 8 to 0. A copy of she foregoing ordinance is on file in the Clerk's office in Ordinance Book S1992. At this time Mayor Dawkins offered condolences and prayers for the family of Luther Nick Geralds, House Representative, who recently passed away. 12. Consideration of Employer-Assisted Housing Program. Richard Herrera, Community Services Director, presented this item stating that the North Carolina Housing Finance Agency (NCHFA) is interested in developing pilot first-time home buyer assistance program for City-employed, low-to-moderate income persons. The program calls for the NCHFA to contribute 25% of the down payment on a house if the City, with CDBG funds contributes 25% and the perspective home buyer contributes 50% of the down payment. The NCHFA will then finance the balance of the mortgage on a 30-year fixed rate of 6.95% to 7.5%. The perspective home buyer must complete an intensive housing ownership counseling program which would be conducted by Fayetteville's Consumer Credit Counseling Service and the NCHFA. This down payment assistance would only be through October 31, 1993, unless authorization is somehow extended through 1994 by HUD. Mr. Herrera recommends Council authorize his staff to proceed with developing the program guidelines to benefit the welfare of our City work force. Councilmember Kendrick moved to authorize the staff to proceed with developing program guidelines as recommended, seconded by Councilmember Bolton and carried unanimously. 13. Consideration of adoption of City logo and seal. This item was presented by Deputy City Manager Roger Stancil with a recommendation to adopt the logo and City seal Presented by the Fayetteville Advocates. Councilmember Kendrick moved to adopt the new City logo and seal as recommended, seconded by Councilmember Cheek and carried unanimously. A copy of the logo and seal is attached to and made a part of these minutes. 14. Consideration of setting joint meeting with Public Works Commission. Following some discussion, Councilmember Kendrick moved to set a joint meeting with PWC for January 5, at 7:00 p.m. in the City Hall First Floor Multipurpose Room. The motion was seconded by Councilmember Bolton and carried unanimously. 15. Consideration of setting joint meeting with Cumberland County Legislative Delegation. Deputy City Manager Roger Stancil presented this item with a recommendation to authorize the Mayor to contact the legislative delegation and set meeting date and time. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Torrey and carried unanimously 8 to 0. 16. (Removed from agenda.) 17. Consideration of cancellation of December Information Meetings. Councilmember Kendrick moved to cancel the December Information Meeting, seconded by Councilmember Bolton and carried unanimously 8 to 0. 18. Appointments: A. Nominations to fill one vacancy on Joint Senior Citizens Advisory Commission. Mary F. Dillon was elected unanimously to a two-year term to September 1994, to fill the vacancy of Margaret Shive. B. Nominations to fill one vacancy on Fair Housing Hearing Board. Charnell T. Green was elected to fill the vacancy of Sylvia X. Allen to November 1994, after receiving six votes. Julia Culbreth received two votes. C. Nominations to fill five vacancies on Appearance Commission. Robert St. Onge and Bill Pollitt were elected in the at-large category to serve second term to December 1994. Chalmers McDougald was elected in the at-large category for a two-year term to December 1994 to fill the vacancy of William L. Clement. Jimmy Kizer was elected for a second term in the engineer category to December 1994. Councilmember Blackwell withdrew the nomination of Ben Rogers. There were no nominations for the landscape category for Judy Masters' vacancy. D. Nominations to fill two vacancies on the Personnel Review Board. Bobby R. Davis was elected to serve a second term to December 1994 and Joel Allen was elected for a second term as alternate member. E. Nominations to fill two vacancies on Redevelopment Commission. Christina Smith was elected to serve a second term to December 1994. Councilmember Ross nominated Julia Culbreth for a two-year term for the vacancy of Helen Farrior. F. Nominations to fill one vacancy on Human Relations Commission. Councilmember Blackwell nominated Ms. Terry Allan to fill the term of Colonel-Retired Irving Barker to March 1994. Nominations are still open to fill the term Brownie Smathers Cain to March 1993 and Marie Pressler to March 1993. 19. Administrative Reports Report on nonconforming businesses in residential areas. There was some discussion on the report presented in the agenda packet. At this time Councilmember Blackwell commended Councilmember Bolton's committee for recognition of the World War II Commemorative Activities. Mayor Dawkins stated that two of the five living Congressional Medal of Honor recipients from North Carolina were here for the ceremony. Mayor Dawkins wished everyone a Merry Christmas and a Happy New Year. There being no further business, the meeting was adjourned upon motion and second at 9:30 p.m. Approved February 1, 1993