1990 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA REGULAR MEETING TUESDAY, JANUARY 2, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 116 GREEN STREET TUESDAY, JANUARY 2, 1990 7.00 P.M Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (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: Councilmember Mark Kendrick (District 6) Others Present: John P. Smith, City Manager John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Louis Chalmers, Director of Traffic Services Al Mitchell, Assistant City/County Planning Director Hyman Fleishman, Businessman Mary Lou Dickerson, Administrative Support Manager Members of the Press Mayor Dawkins welcomed everyone to the first meeting of the new year and called the meeting to order. The invocation was offered by Rabbi Shorter, Beth Israel Synagogue, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins asked Mr. Smith about Roger Stancil's mother's condition after having the heart attack. Mr. Smith reported that Mrs. Stancil was at this time at Duke Hospital doing well and should be home soon. The Mayor asked City Engineer Bennett about the closing of Burgess Street. Mr. Bennett reported they would be closing Burgess Street between Maiden Lane and Old Street to start construction of underground power lines. It will take eight appropriate weather days, which would be abort two weeks of construction. The abutting property will have some type of access. Mayor Pro-Tem Evans moved to excuse Councilmember Kendrick due to being out of town, seconded by Councilmember McBryde and carried unanimously. 1. Approval of Agenda Councilmember Bolton moved to approve the agenda, seconded by Councilmember Pillow and carried unanimously 8 to 0. Mayor Dawkins added Item 10 for a goal-setting session for Council. 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 2 F. for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of Item 2 F. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved 8 to 0. A. Approval of minutes of regular meeting of December 4, 1989. B. Approval of tax refunds. 1. Tax refund in the amount of $762.66 to the Pantry, Inc. for amended statements for the years 1965 through 1988. 2. Tax refund in the amount of $6.22 to the Harger Company, Inc. T/A Baskin Robbins for amended statement for 1989. 3. Tax refund in the amount of $7.39 to Annie Williston Huggins for clerical error: S/O 1,043 square feet to R/W Blount Street per deed 3302-197 recorded 7-6-89. 4. Tax refund in the amount of $58.65 to Annice W. Huggins for clerical error: S/O 300 square feet to Blount Street per deed recorded 7-6-87 (3302-197). 5. Tax refund in the amount of $24.38 to Mr. and Mr. John M. Jones for clerical error: did not own 1985 Dodge 1-1-88. 6. Tax refund in the amount of $12.18 to Hazel D. Ray for clerical error: 1985 Olds valued incorrectly. 7. Tax refund in the amount of $82.49 to Allison Rasch and Brian R. Reinwald for military non-resident. 8. Tax refund in the amount of $28.05 to Abundant Life Church of God for clerical error: exemption dropped off in error-due to PIN change. C. Set public hearing for February 5, 1990, to consider the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 5323 Morganton Road. (P89-149) D. Adoption of Capital Project Ordinance Amendment Change 90-13. To transfer available funds from the Closeout of the Airport AIP-05 and AIP-06 Projects in the amount of $15,000, in order to fund a feasibility study contract with Wilbur Smith and Associates. E. Adoption of resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing for the paving of Holly Lane (from Raeford Road 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 FOR PAVING OF HOLLY LANE (FROM RAEFORD ROAD TO DEAD END) (JANUARY 16, 1990) RESOLUTION NO. R1990-1. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. F. Adoption of a resolution setting a public hearing to consider the closing of a portion of Beckwith Avenue abutting the Quality Sound Enterprise. Inc., property. (Set public hearing for January 16, 1990.) Councilmember Bolton stated that City Attorney Cogswell needed additional time for extensive title search. Councilmember Bolton moved to table this item at the request of the City Attorney, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 3. Public Hearings: Mayor Dawkins reviewed the tide limit for the public hearing. A. Consideration of proposed traffic improvement at Market Square. This item was presented by Traffic Engineer, Louis Chalmers. He recommended Plan A for the best traffic control, which is to block Person Street and eliminate circle traffic around the Market House. He also submitted a Plan B arrived at today between NCDOT and City Traffic Services, which would be to allow only one lane of circle traffic around the Market House instead of two. The public hearing was opened at 7.21 p.m. Mr. Gary Mendelsohn, 102 Lamb Street, President of Cumberland Furniture Company on Person Street appeared in opposition to both plans. He stated he feels that everything is just fine the way it has always been. Also appearing in opposition was Mr. Steve Satisky, 219 Devane Street, operator of Phillips Loan Office at Market Square. Mr. Satisky does not want the traffic pattern changed because change confuses people and then they don't come back downtown. Mr. Lee Smith, 3017 Ramsey Street, proposed a Plan C as a third plan, which would be to post a sign that inside circle has the right-of-way for right turns. He further stated that if Council changes to Plan A he will not come back to town to shop. Mr. Robert McKimmon, who is establishing a new business at 108 Person Street, and Mr. Clinton Harris of 4713 Watauga Street were also opposed to the traffic changes because of confusion in the downtown. Steven Wheeler, 2625 North Edgewater, Holmes Electric Company on Hay Street agreed that changes will create negativism and would prevent the process of downtown being turned around at this time. There being none further to be heard on this matter the public hearing was closed at 7:35 p.m. Mayor Pro-Tem Evans moved to leave the traffic pattern as is, seconded by Councilmember McBryde. Councilmember Bolton questioned Mr. Wayne Bailey of North Carolina Department of Transportation (NCDOT) regarding their concerns with traffic accidents in this area. Mr. Bailey responded that NCDOT is concerned with the safety and the number of accidents around the Market House and feels that the Plan B would make this a safer traffic controlled area without a deviation from the current traffic flow. Following further discussion, the Mayor called for a vote and it carried unanimously 8 to 0. At this time the City Attorney requested to add a settlement on condemnation procedure as Item 11 to the agenda and advised that Council would have to reconsider the item of approval of agenda. Mayor Pro-Tem Evans moved to reconsider Item 1, Approval of Agenda, and to add Item 11 as requested, seconded by Councilmember Robertson and carried unanimously 8 to 0. 4. Planning Board Matters: A. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 27 “Subdivisions," Article II “Minimum Standards of Design," Section 27-10(g)(11) to set forth that swimming pools which are constructed within a group development shall be located not less than fifty (50) feet from any street and not less than one hundred (100) feet from any other property line; amending Chapter 32 “Zoning," Article IV “District Use Regulations," Section 32-22(1) by adding decks (platforms), open and uncovered, attached to a building is permitted as an accessory structure and may encroach into any yard; amending Chapter 32 “Zoning," Article VI “General Dimensional Regulation," Section 32-49(4) by providing for solid and nonsolid fencing not to exceed seven (7) feet in height may be used in any required yard to enclose a group development. (P89-126) (Public hearing held on December 18, 1989.) This item was presented by Al Mitchell stating this was presented at the last meeting and clarifications had been requested. This amendment would involve only the rear yard and a clarification was made Section 32-22(1) concerning platforms or decks. AN ORDINANCE AMENDING CHAPTERS 27, ARTICLE II, “SUBDIVISIONS" AND CHAPTER 32, ARTICLES IV AND VI, “ZONING". ORDINANCE NO. S1990-1. Councilmember Bolton moved to adopt the foregoing ordinance amendment, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1990. 5. Consideration of request from Hyman Fleishman to appear before City Council. Mr. Fleishman was recognized requesting Hay Street be opened for parking. He read a petition for parking in the 100 and 200 blocks of Hay Street and not eliminate parking on Person Street. Mr. Fleishman also included other situations in his presentation such as requesting two-hour parking meters on Hay Street instead of the $5.00 fines; the problem with the trains blocking the traffic downtown; the hoodlums patronizing the bars on Person Street; and causing damage to buildings along Person Street, and parades during business hours interfering with the parking and customers getting to the stores. 6. Consideration of application for federal grant for archivist position for records management. Assistant City Manager Ben Brown presented this item stating this is for a qualified, trained person to get the City's archive program off the ground and would be a two-year position. The fair share portion by the City would be approximately $14,000.00 for the two-year period. Mary Lou Dickerson, Administrative Support Manager, presented a report and slides along with the grant request and resolution. RESOLUTION ENDORSING THE GRANT REQUEST TO THE NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION FOR THE CITY OF FAYETTEVILLE ARCHIVES PROGRAM. RESOLUTION NO. R1990-2. Councilmember Ross introduced the foregoing resolution and moved its adoption, 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 Resolutions Book R1990. 7. Consideration of adoption of annexation report (Baxter Street - Tract 1 and Baxter Street - Tract 2). This item was presented by City Manager Smith. After examination and discussion of the report of plans for extending services to the area to be considered for annexation under Resolution R1989-176, adopted the 18th day of December 1989, Mayor Pro-Tem Evans moved approval of the report, seconded by Councilmember Robertson and passed unanimously 8 to 0. 8. Appointments: A. Nominations to fill one vacancy on Human Services Commission. Councilmember Pillow nominated Mrs. Mary Davis to fill the unexpired term of Mabel Smith to March 1991. B. Nominations to fill one vacancy on Board of Adjustment. There were no nominations. C. Nominations to fill one vacancy on Personnel Review Board. Councilmember Ross withdrew Rev. Murphy's nomination because he is already serving on a board and nominated Mrs. Van Florence. Councilmember Robertson nominated Greg Edge. These nominations are to fill the vacancy of Bob Cellner for a term to December 1991. 9. Administrative Reports: A. Report on 401 Bypass renaming survey. City Manager Smith presented the report that was in the agenda packet. B. Update on Parking Task Force. Mr. Smith presented the update on Parking Task Force. The minutes of the Downtown Parking Task Force are in the agenda packet. 10. Consideration of goal setting session. Councilmember Bolton moved to set a special meeting for goal setting on January 22, 1990, at 6:30 p.m. at the Environmental Service building, seconded by Councilmember Ross and carried unanimously 8 to 0. At this time the City Attorney expressed his appreciation for Council approving the grant application. Consolidating the documents will be a big help. Mr. Cogswell stated that the Wilmington Road rezoning problems have been taken care of, and we will now be able to proceed with that. 11. Request for Condemnation Settlement. Mr. Cogswell presented the condemnation case to acquire right-of-way on Sycamore Dairy Road from Harris family and Harris Brother. Company in the amount of $53,000.00. Mayor Pro-Tem Evans moved to settle the condemnation in the amount of $53,000.00 as recommended, seconded by Councilmember McBryde and carried unanimously 8 to 0. There being no further business, the meeting was adjourned at 8:30 p.m. upon motion and second. REGULAR MEETING MONDAY, JANUARY 16, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS MONDAY, JANUARY 16, 1990 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (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); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Tim Wood, PWC Manager Al Mitchell, Assistant City/County Planning Director Louis Chalmers, Traffic Services Engineer Joel Schur, Capitol Department Store Members of the Press The invocation was offered by Robert C. Cogswell, Jr., City Attorney, followed by the Mayor leading in the Pledge of Allegiances to the American Flag. RECOGNITION: Miss Teen Fayetteville 1990, Caroline Carver, was presented flowers by the Mayor for not only being the Miss Teen Fayetteville but an outstanding young lady. She spoke of her travels and appearances. Mayor Dawkins welcomed home the soldiers from Panama. He also expressed our great loss of the recent passing of Mr. John K. McNeill, the Mayor of Raeford for the past 21 years. Mr. McNeill also served 6 years as a Councilmembers in Raeford. 1. Approval of Agenda City Attorney Cogswell requested that Item 15 be added to the agenda for the claim of a settlement of an auto accident. Mayor Pro-Tem Evans moved to approve the agenda with the addition of Item 16 as requested, seconded by Councilmember Robertson and carried unanimously by voice vote. Councilmember Torrey requested that Item 6 be pulled from the agenda. Councilmember Bolton moved to approve the amended agenda as requested, seconded by Councilmember Kendrick and carried unanimously by voice vote. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull Item 2H for discussion. Councilmember Kendrick moved to approve the consent agenda with the exception of Item 2H. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved. A. Approval of minutes of special meeting of December 11, 1989. B. Approval of minutes of regular meeting of December 18, 1989. C. Adoption of resolution closing a portion of Center Street from Powell Street westerly to cul-de-sac. (Set public hearing for February 20, 1990). PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF CENTER STREET. RESOLUTION NO. R1990-3. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1990. D. Adoption of resolution authorizing the sale to the high bidder of a City-owned lot on Topeka Street, P.I.N. #0438-090-7215. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1990-4. A copy of the foregoing resolution in on file in the Clerk's office in Resolutions Book R1990. E. Adoption of budget Ordinance Amendment Change 90-8. This budget ordinance amendment is necessary for the following: 1) to account for and increase the Police Department budget by $250 with money donated to the department's “We Care Bare" Program; 2) to increase the Other Appropriations Account by $300,000 necessary to cover the portion of the sales tax proceeds which the state mandates we transfer to our utility (PWC); 3) to transfer $2,800 from the Finance Department to the Other Appropriations Account to cover costs of interviewing for the Finance Director position. F. Adoption of Capital Project Ordinance Amendment Changes 90-14 and 90-15. Amendment Change 90-14 is necessary to account for revenues received from HUD to be used for the Rental Rehabilitation Program in the amount of $32,000. Amendment Change 90-15 is needed to transfer additional monies of $4,766 into the City Communications Center Capital Project to cover the cost of moving the paging system antenna from Fire Station No. 2 to the Wilson Street Water Tank. G. Adoption of Capital Project Ordinance Amendment Changes 90-16 and 90-17. Amendment Change 90-16 is necessary to account for increases in Federal and State grants for our Transit Department planning activities in the amounts of $12,000 and $1,500 respectively. This amendment correctly identifies Cumberland County as a revenue source for a portion of the local match. Amendment Change 90-17 is necessary to recognize PWC as a revenue source for the water and sewer portion of the Street Construction Project for annexed Area 3 in the amount of $1,045,158. H. (PULLED FOR DISCUSSION) I. Approval of bid award for purchase of 230 KV to 66 KV Substation Autotransformers to Westinghouse/ABB, low evaluated bidder in the amount of $987,649, (PWC). A copy of the bid tabulation is attached to and made a part of these minutes. J. Approval to declare oxygen plant at Cross Creek Wastewater Treatment Plant surplus to PWC needs and authorize sale under provisions of N.C. General Statutes. (PWC). K. Approval of bid award for purchase of Digger Derrick Utility Truck with Line Construction Body to Utility Equipment Sales, low bidder in the amount of $61,020. Bids received were as follows: Utility Equipment Sales (Kings Mountain, NC) $61,029 USI (Charlotte, NC) 62,379 USI, Alternate 63,835 Altec Industries, Inc. (Birmingham, AL) 65,882 L. Approval of bid award for purchase of Digger Derrick Utility Truck with Platform Body to Utility Equipment Sales, low bidder in the amount of $50,198. Bid received were as follows: Utility Equipment Sales (Kings Mountain, NC) $59,198 USI (Charlotte, NC) 60,124 USI, Alternate 61,580 Altec Industries, Inc. (Birmingham, AL) 64,375 M. Adoption of revisions to Traffic Schedules 6 - Stop Intersection and 8 - Speed Control in Section 20-106 of Chapter 20 of the Fayetteville City Code, “Motor Vehicles and Traffic". Councilmember Kendrick questioned the school zone speed limit and if it should affect the St. Patrick's Catholic School at that location. Traffic Engineer Chalmers responded that this would not affect that school zone. AN ORDINANCE AMENDING CHAPTER 20-106, MOTOR VEHICLES AND TRAFFIC. ORDINANCE NO. NS1990-1. AN ORDINANCE AMENDING CHAPTER 20-106, MOTOR VEHICLES AND TRAFFIC. ORDINANCE NO. NS1990-2. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1990. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for public hearings. A. Consideration of the rezoning from C1 Local business District to R5 Residential District or to a more restrictive zoning classification for an area located on both sides of Campbell Avenue, and on the east side of Old Wilmington Road. (P89-134) This item was presented by Al Mitchell stating that the Planning Board recommends approval based on the Land Use Plan. This is the advertised public hearing and notices have been sent to property owners. The public hearing was opened at 7:18 p.m. with Attorney Glen Adams, Bow Street, representing Wilmington Road area residents stating that two members from the District Attorney's office and Councilmember Ida Ross are also in support of this, because of the commercial uses on the property being a source of crime and drug abuse in the community. There were approximately 40 people present in favor of this rezoning. Others that were recognized and spoke in favor were Calvin Poole, chairman of the Board of Metropolitan Housing, Andy Dempster, Assistant District Attorney, representing the District Attorney's office, James Dixon with creative Builders, Jay Lee Warren, Jr., property owner and operator of Economy Foods. Harley Jones, Sanford Drive, an area property owner stated he was with the majority to rezone because of the crime and drugs, but was concerned about getting his money back if he sells. Matterene McLean, 442 Campbell Avenue, spoke with concern for the children being in fear even in their own homes. Appearing in position was Hazel Davis, 127 Star Hill, area property owner who was against the drugs but had paid $30,000 to have her building renovated. If this is rezoned she would be able to use the building. Al Mitchell responded that Mrs. Davis's building is south of the requested rezoning area and it will not be rezoned. Charlie McKoy, McKoy Grocery owner, was concerned that he would not be able to conduct his business if this area was rezoned. Mayor Dawkins advised him that if this was rezoned his grocery would become a non-conforming use and cold continue business unless there as a fire that destroyed over 50 percent of his property. There being none further to be heard on this matter, the public hearing was closed at 7:42 p.m. Councilmember Bolton moved to rezone the area located on both sides of Campbell Avenue and on the west side of Old Wilmington Road from C1 Local Business District to R5 Residential District, seconded by Councilmember Ross. Councilmember Kendrick asked for a clarification on how the businesses now in operation in this area would be affected. Al Mitchell responded that any business now in operation would become a non-conforming use even if the business change hands. If a business as non-operational for a least one year it could not re-open as a business. A non-conforming business can be changed to another non-conforming use by going through the Board of Adjustment with the funding that the proposed change use is no more detrimental to the neighborhood that the existing business. Mayor Dawkins called for a vote on the motion to rezone from C1 to R5 and is passed unanimously. B. Consideration of an application by Barbara Taft Leach for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 22, Article IV, Section 32-24, Item(3), to operate a home for the care of children for an area located at 1903 Newark Street in an R5A Residential District (P39-136). Al Mitchell presented this item and stated that the Planning staff recommends approval of the Special Use Permit with the findings that the proposed day care center will fit into the character of and not be detrimental to the surrounding neighborhood, and that it be developed according to the site plan as submitted with the application and subject to the City Engineer's approval of driveway conditions and storm drainage. Also the Planning Board stipulated that the maximum age would be 12 years old. This is the advertised public hearing and area residents have been notified. The public meeting was opened at 7:50 p.m. and appearing in favor was petitioner Barbara Leach. She gave her history in day care service and stated this will be her third day care center in operation. There was none to speak in opposition and there being none further to be heard on this matter, the public hearing was closed at 7:53 p.m. The City Attorney recommended that the wording concerning the children over the age of 12 be “card for", because the way it reads at this time they would not be allowed on the premises. Councilmember McBryde moved to approve the Special Use Permit with the three findings as recommended, seconded by Councilmember Pillow and carried unanimously. C. Consideration of an application by Donald Wherren for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (8) to operate a nursing home in an R6 Residential District for an area located at 1700 Pamalee Drive. (P89-143) This item was presented by Al Mitchell stating that the Planning staff recommends approval of the Special Use Permit with the two findings that the proposed use will not be detrimental and will fit in with the character of the surrounding neighborhood. Also that it would be subject to the approval of the driveway and storm drainage plans by the City Engineer and that the site be developed in accordance with the site plan as submitted. This is the advertised public hearing and the area residents have been modified. The public hearing was opened at 7:52 p.m. and speaking in favor was the petitioner Donald Wherren, stating this is for an addition to allow for more beds. There was no one to speak in opposition and there being none further to be heard on this matter, the public hearing was closed at 7:54 p.m. Mayor Pro-Tem Evans moved to approve the Special Use Permit as requires upon findings that the proposed use will not be detrimental and will fit in with the character of the surrounding neighborhood, that it be subject to approval of driveway an storm drainage plans by the City Engineer, and that the site be developed in accordance with the site plan as submitted. Motion was seconded by Councilmember Pillow, and carried unanimously. At this time City Attorney Cogswell requested that item D be heard later in order for him to obtain from his office a letter he had received regarding this item. Mayor Dawkins then moved to item E. D. Consideration of a resolution ordering an extension of the sanitary sewer collection system of the City of Fayetteville, North Carolina, into the following streets: Livingston Road Shrewsbury Drive Spellman Drive Murchison Road Fiske Drive Lakecrest Drive Edmeston Drive Oakcrest Drive Demcrest Court Comfy Court Shaw Road Haven Court Meharry Drive Renfrow Drive Shaw Mill Road Country Club Drive First Street (formerly State Road 2414) This item was presented by City Engineer Bennett stating that it was the advertised public hearing and adjacent property owners had been notified by letter. The public hearing was opened at 7:58 p.m. Speaking in favor was Ms. Alma Melvin, University Estates, Lot 95. She stated that the correspondence she had received was Livingston Road and she corrected this to Livingston Drive. In addition to being in favor of this sewer system, she stated that the assessment would have been to be paid for. Henry Powers of PWC responded to the work schedule portion of his question and the City Manager responded to the usual payment schedule. There was none to speak in opposition and there being none further to be heard the public hearing was closed at 8:04 p.m. FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM INTO LIVINGSTON DRIVE, SPELLMAN DRIVE, FISKE DRIVE, EDMESTON DRIVE, DEMEREST COURT, SHAW ROAD, MEHARRY DRIVE, SHAW MILL ROAD, SHREWSBURY DRIVE, MURCHISON ROAD, LAKECREST DRIVE, OAKCREST DRIVE, COMFY COURT, HAVEN COURT, RENFROW DRIVE, COUNTRY CLUB DRIVE AND FIRST STREET (FORMERLY STATE ROAD 2414). RESOLUTION NO. R1990-5. Councilmember Pillow introduced the foregoing resolution and moved its adoption, seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. At this time the City Attorney returned to the Chambers and Mayor Dawkins then called for Item 3D. 3D. Consideration of adoption of Resolution Confirming Assessment Roll and Levying Assessments for the improvement of Holy Lane (from Raeford Road to Dead End) for paving. The City Attorney presented this item and stated this was the advertised public hearing and that notices of the preliminary assessment roll for the paving improvement project were mailed by first class mail to the owners of the property shown on the assessment roll. The public hearing was opened at 8:07 p.m. There was none to speak in favor of the assessment roll. City Attorney Cogswell presented a letter he had received from Mr. James Treadaway, 420 Holly Lane, stating he was unable to attend the public hearing due to medical problems. The letter further stated he had no problem with the assessment amount but very strongly objected to the way the road as ended. There being none further to be heard on this matter, the public hearing was closed at 8:08 p.m. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1990-6. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried unanimously at 8:08 p.m. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. F. Consideration of a resolution ordering an extension of the water distribution system of the City of Fayetteville, North Carolina into First Street (formerly State Road 2414). City Engineer Bennett presented this item and stated this is an advertised public hearing and all abutting property owners have been notified. The public hearing was opened at 8:10 p.m. There was none to speak in favor or against, and the public hearing was closed at 8:10 p.m. Councilmember Kendrick questioned if this extension was going all the way through the paved area because on the map that was presented, it appeared to stop. Mr. Bennett responded that is the relative location and it will serve those abutting properties. FINAL RESOLUTION ORDERING AN EXTENSION OF WATER DISTRIBUTION SYSTEM INTO FIRST STREET (FORMERLY STATE ROAD 2414). RESOLUTION NO. R1990-7. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried unanimously. A copy of the foregoing resolution is on file in Resolutions Book R1990. G. Consideration of a resolution ordering the paving without a petition of Meharry Drive from Shaw Mill Road to Spellman Drive. This item was presented by City Engineer Bennett stating this was the advertised public hearing and all abutting property owners have been notified by mail. The public hearing was opened at 8:12 p.m. There being none to be heard for or against, the public hearing was closed. FINAL RESOLUTION REQUIRING PAVING WITHOUT A PETITION OF MEHARRY DRIVE FROM SHAW MILL ROAD TO SPELLMAN DRIVE. RESOLUTION NO. R1990-8. Mayor Pro-Tem Evans 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 R1990. H. Consideration of a resolution ordering the paving without a petition of Barrington Circle from Bragg Boulevard to Bragg Boulevard. This item was presented by City Engineer Bennett stating this was the advertised public hearing and the abutting property owners had been notified. He stated that the Woodlea Apartment property owners have reinforced their request by bringing in a check tonight for their part of the paving for the opposite side of the street, assuming that Council would assess them for the other side. The public hearing was opened at 8:14 p.m. Appearing in favor of this item was Fred Dean, summit Realty Group of Raleigh, managing them for the Woodlea Apartments requesting this street be paved to improve the quality of living in this area. Calvin Poole, representing Mildred Poole, stated they are not exactly opposed to the paving, however, they are concerned with the natural drainage and request consideration for handling that water drainage that could cause damage to their property following the paving of this road. There being none further to be heard on this matter, the public hearing was closed at 8:20 p.m. FINAL RESOLUTION REQUIRING PAVING WITHOUT PETITION OF BARRINGTON CIRCLE FROM BRAGG BOULEVARD TO BRAGG BOULEVARD. RESOLUTION NO. R1990-9. Mayor Pro-Tem Evans 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 R1990. 4. PWC Matters: A. Consideration of approval of bid award for purchase of backhoe loader to N.C. Equipment Company, sole bidder in the amount of $32,954. Councilmember McBryde moved to award the contract to the low bidder as recommended, seconded by Councilmember Kendrick and carried unanimously. PWC Manager Wood stated they are ready for a meeting with the City Council. Mayor Dawkins responded that they would schedule a meeting shortly after the goal-setting session to be held next week. Mr. Wood was excused from the chambers at this time. 5. Consideration of setting public hearing regarding renaming 401 Bypass. Councilmember Ross was recognized and moved to set a public hearing for February 5 regarding renaming of the 401 Bypass to Martin Luther King, Jr., Boulevard, seconded by Councilmember Pillow. Councilmember Ross made a presentation on this item and told of a vision she had of Dr. Martin Luther King appearing and leaving her a message concerning Fayetteville State University. Ms. Ross concluded her presentation by stating that since Dr. King was a peacemaker it would do his memory a service to tie it in with the anger and hate that has concentrated around the issue of his naming after 401 Bypass, therefore, she suggested Council consider renaming Fayetteville State University the Martin Luther King University. Councilmember Robertson requested the date be changed for the public hearing because he would be out of town at the February 5 meeting. The meeting was reset for February 20. Following Councilmember Ross' presentation and request to consider this renaming. Mayor Dawkins called for a vote on the motion and carried unanimously. 6. (PULLED FOR DISCUSSION) 7. Report from Policy Committee: A. City Petitions Councilmember McBryde moved to include space for telephone numbers to be required on City petitions, seconded by Councilmember Pillow and carried unanimously. B. Manual on Uniform Traffic Control Devices Councilmember McBryde stated that there was a split vote on this item at the Policy Committee meeting. The vote was 2 to 1 to continue to follow the manual. Mayor Pro-Tem Evans stated she feels the vote should be for the wishes of the people and should not be a cut and dried process because of the situations being different. City Manager Smith recommended a presentation by Louis Chalmers, Traffic Services, at an information meeting. Council took no action. C. Public Hearing Policy Councilmember McBryde stated that the Policy Committee voted unanimously to follow the County's procedure for signing up prior to public hearings. City Attorney Cogswell stated that for those people who know ahead of time they will be unable to get to the meeting before 7 o'clock should request in writing to the City Clerk their desire to be heard at a public hearing. Also, if this policy is adopted it would not affect any public hearings previously set, only those public hearings set after tonight's meeting. Councilmember McBryde moved to adopt this policy to begin with public hearings set after tonight's meeting, seconded by Councilmember Pillow and carried unanimously. 8. Consideration of extension of lease for Anderson Street parking lot. This item was presented by City Manager Smith stating there were three options available to the City as follows: 1) Operate the lot as a two-hour free lot with tire marking; 2) Operate the lot as a City-attendant lot; 3) Grant Mr. Schur's request for a one-year renewal. Councilmember Cheek moved to extend the lease for one year as requested by Mr. Schur, seconded by Mayor Pro-Tem Evans. Joel Schur was recognized, having requested by letter to be heard on this matter, stating that he felt a controlled parking lot would benefit the customer's of any of the downtown businesses in addition to eliminating having the meter offices spend the time to mark tires and writing citations. Following discussion by Council, Mayor Pro-Tem Evans called the questions and the vote was unanimous to cease debate. Mayor Dawkins then called for a vote on the motion and it carried 7 to 2 with Councilmembers McBryde and Bolton voting against. 9. Consideration of award of contract for Street Improvements & Utility Extensions. 1988 Annexation Area No. 8 - Murchison Road, Engineering Project Number 806-379-89, to low bidder, C.K. Andrews Contracting Company, in the amount of $1,105,458.72. This item was presented by City Engineer Bennett. The three low bidders were as follows: C.K. Andrews Contracting Company, Inc., (lowest) $1,105,458.72 T.A. Moving Company 1,188,800.00 Caroline Contractors, Inc. 1,396,735.25 CITY ESTIMATES 1,005,184.10 Councilmember Cheek asked for a time schedule on this project and Mr. Bennett responded that the whole neighborhood should be put back together by the end of August. Councilmember Pillow asked if this was a guaranteed date. Mr. Bennett responded that if the project is not complete upon the completion date, a penalty will begin. Mayor Dawkins called for the vote; it was unanimous. 10. Consideration of constructing an additional lane on the east side of Ann Street abutting State Bank under construction. City Engineer Bennett presented this item stating they would like to have the opportunity to go ahead under an existing City contract with that work with McDonald Grading Company. The estimated cost for the lane abutting State Bank is $19,000. Councilmember McBryde moved to approve the request as recommended, seconded by Councilmember Kendrick and carried unanimously. 11. Consideration of request from Market House Plaque Committee regarding approval of description for plaque to be placed at Market House. The City Manager presented this item stating that the report from the Market House Plaque Committee was included in the agenda packet and the action tonight is needed to resolve the issue in order to get fundraising moving ahead on the market House Project. Mayor Dawkins read the inscription for the plaque to be placed at the Market House as follows: “We shall come up slowly and painfully perhaps, but we shall win our way." Charles Waddell Chestnutt (1858-1932) In memory and honor of those indomitable people who were stripped of their dignity when sold as slaves at this place. Their courage in that time is a proud heritage of all times. They endured the past so the future could be won for freedom and justice. Their suffering and shame afforded the opportunity for future generations to be responsible citizens, free to live, work, and worship in the pursuit of the blessings of liberty to ourselves and our posterity. City Council of Fayetteville 1989 Councilmember Pillow moved to adopt the report and the wording of the plaque seconded by Councilmember Ross. During discussion on this matter Councilmember Robertson questioned how this would be paid for. Mr. Smith responded this had not been determined at this time, however the Committee would probably to fundraising. Councilmember Cheek stated she feels the whole history needs to be told and requested this be put on the agenda for the next meeting. Councilmembers McBryde and Bolton stated they had been told that some of the Committee members felt the need for further meetings on the wording of this plaque. Councilmember Kendrick requested a word change to include the county being included in the location of slaves being sold. Following some further discussion, Councilmember Cheek moved to refer a request to the Restoration Committee to consider how the history is going to be held. The motion was not accepted by Mayor Dawkins because this was not an agenda item. The Mayor advised Councilmember Cheek to make a request to the City Manager to have this placed on the agenda. Mayor Dawkins called for a vote on the main motion and it carried 5 to 4 with Councilmembers McBryde, Bolton, Kendrick and Robertson voting against. 12. Consideration of adoption of Demolition Ordinances on the following properties: A. 633 East Russell Street (Owners: Andrew Picket, Richard Pickett, Anthony Pickett, Monica Tomlin, Maria Carney) This item was presented by Walter Haire stating that the building had burned over 50 percent. AN ORDINANCE REQUIRING CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARD CODE OF THE CITY. ORDINANCE NS1990-3. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Mayor Pro-Tem Evans and carried 8 to 1 with Councilmember Torrey voting against. B. Lot 41 Lakeland Avenue (Owner: J.C. Woodard) Walter Haire presented this item and stated that Mr. Woodard had taken him to the site to show improvements, however, Mr. Haire could not identify any improvements that had been made. Councilmember McBryde questioned if Mr. Woodard had used all avenues of appeal before coming to Council. Mr. Haire responded that he had appeal to the department, however, he chose not to make an appeal before the Board of Adjustment only to request more time. Mr. Haire recommended that Council adopt the demolition ordinance. AN ORDINANCE REQUIRING CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1990-4. Councilmember McBryde moved to adopt the foregoing ordinance, seconded by Councilmember Kendrick. Councilmember Ross asked Mr. Haire if the house was a hazard. He responded that it was a hazard. Councilmember Torrey stated he felt Mr. Woodard is trying to revitalize the house and this would keep it on the tax base. Councilmember Robertson asked Mr. Haire to state his opinion of the condition of the house and when he last inspected it. Mr. Haire responded the he had inspected the property approximately 2:30 p.m. today and it is unfit for human habitation. Councilmember Robertson called for question. Mayor Dawkins called for a vote to cease discussion and the motion carried 6 to 3 with Councilmembers Cheek, Ross, and Torrey voting against ceasing debate. Mayor Dawkins then called for a vote on the motion to adopt the ordinance and it carried 6 to 3 with Councilmembers Ross, Pillow and Torrey voting against. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1990. 13. Consideration of legal services contract with Rudolph Singleton for representation in the Interbasin Transfer hearing. The City Manager presented this item stating there is an estimate of $20,000 to get through the hearing process. He is recommending that we ask the County to participate up to $10,000 for their share and recommend Attorney Rudolph Singleton for representation because of his prior involvement in the Jordan Reservoir matter. Councilmember Bolton moved to approve the awarding of the contract as requested, seconded by Councilmember McBryde. Councilmember Torrey asked why the other towns have not been asked to participate. City Attorney Cogswell responded that only those towns up and down the river are parties to the action. Following the discussion, Mayor Dawkins called for a vote on the motion and it carried unanimously. 14. Board and Commissions: A. Nominations to fill one vacancy on Board of Adjustment. Councilmember McBryde nominated Mrs. Helen Adams, Belvedere Avenue, to fill the unexpired term of Glorious Fowler to July 1990. B. Nominations/elections to fill one vacancy on Human Services Commission. Councilmember Pillow nominated Ms. Mary Davis, 722 Rustland Drive, Fayetteville, NC 28301, at the last meeting. Councilmember McBryde moved to elect Mayor Davis to fill the term of Mabel Smith to March 1991 by acclamation. Motion carried unanimously. C. Nominations/Elections to fill one vacancy on Personnel Review Board. At the last meeting Councilmember Ross nominated Mrs. Van Florence, 1879 Gola Drive, and Councilmember Robertson nominated Greg Edge, 1805 Spruce Street. Mayor Dawkins called for a vote and Greg Edge was elected to fill the vacancy of Bob Cellner to December 1991. 15. Administrative Reports: A. Statement of taxes collected for the month of December, 1989, from Cumberland County Tax Collector in the amount of $4,212,291.70 was submitted. B. Discussion of private streets. Mr. Smith requested Council's blessing to initiate a study by Planning Board staff of the entire matter of private streets, especially in subdivisions before we become totally overwhelmed by them throughout the City. Councilmember Pillow moved to follow the recommendation, seconded by Councilmember Ross and carried unanimously. 16. Settlement of property damage claim. The City Attorney recommended settlement of property damage claim to vehicle of Beverly Edwards Sapp for the total sum of $2,153.78, which includes $372.60 for the rental car while her car was being repaired. Mayor Pro-Tem Evans moved to approve the settlement as recommended, seconded by Councilmember Bolton and carried unanimously. At this time Mayor Dawkins asked Louis Chalmers, Traffic Services Engineer, for an update on traffic light synchronization. Mr. Chalmers reported they had experienced some problems, however by June 1990 we should have new timing plans throughout the City. Councilmember Pillow requested that staff do something about the Forest Hill road condition off Cain Road. There being no further business, the meeting was adjourned upon motion and seconded at 10:14 p.m. Please Note: To view the table of proposals for autotransformers, please see Book X, page 277 of the City of Fayetteville Meeting Minutes REGULAR MEETING FEBRUARY 5, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 116 GREEN STREET FEBRUARY 5, 1990 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (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) Absent: Councilmember Milo McBryde (at-large), excused; Councilmember Nat Robertson, Jr. (at-large), excused. Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Al Mitchell, Assistant City/County Planning Director Tim Wood, PWC Manager Walter Haire, Housing Inspector Members of the Press Mayor Dawkins welcomed everyone to the first meeting in February and called the meeting to order. The Invocation was offered by Father Patrick Hollywood, St. Ann's Catholic Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins stated that the death of Mr. Frank McBryde, father to Councilmember Milo McBryde, was quite a shock to the City of Fayetteville. Mr. McBryde served as an alderman to the City of Fayetteville for many years and probably has done more for the Fire Department than anyone in the history of our City. Mayor Dawkins then welcomed Benjamin P. Hanemann and his parents. Benjamin is a Boy Scout who saved the life of another Boy Scout by pulling him from a burning automobile. The Mayor presented a Certificate of Appreciation for heroism and dedicated citizenry. He also presented to Benjamin his personal All America Service Pin. Mayor Dawkins then recognized three Fire Department employees receiving Service Award pins and expressed our appreciation to their dedication over these many years. The awards presented were as follows: Brewer Autry - 30 years Bobby Averitt - 25 years Darrell Page - 25 years At this time Mayor Dawkins requested a motion to excuse Councilmembers McBryde and Robertson. Councilmember Bolton moved to excuse Councilmembers McBryde and Robertson, seconded by Councilmember Kendrick, and carried unanimously 7 to 0. 1. Approval of Agenda City Manager Smith requested to pull Item 3 M., approving advertisement of lease agreement with Friends of the Botanical Gardens. City Attorney Cogswell requested to add an Item 13 to the agenda for settlement of a claim of Eula Whiting and son, Kevin. Councilmember Bolton moved to approve the agenda with the deletion of Item 3 M. and the addition of Item 13, seconded by Councilmember Torrey, and carried unanimously 7 to 0. City Attorney Cogswell then requested that a second item be added to the agenda as number 14 for condemnation of property of Ann Clark. Councilmember Bolton amend the agenda to include Item 14 as requested, seconded by Councilmember Cheek, and carried unanimously 7 to 0. At this time City Manager Smith recommended to Council that the March 5 regular City Council meeting be cancelled due to the Congress of Cities meeting. Mayor Pro-Tem Evans moved to cancel the March 5 meeting, seconded by Councilmember Pillow, 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 Cheek requested to pull Items F. and K. for discussion. Mayor Pro-Tem Evans moved to approve the consent agenda with the exception of Items F., K., and M. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved 7 to 0. A. Approval of minutes of regular meeting of January 2, 1990. B. Approval of Tax Refunds. 1. Tax refund in the amount of $19.84 to James L. and Linda Henrickson for clerical error - did not own 1984 Dotson 1-1-88. 2. Tax refund in the amount of $285.29 to Clifton D. and Patricia Hill for clerical error - ST3 was incorrectly designated as an ATF and should have been a UTU with reduced square footage. 3. Tax refund in the amount of $55.91 to Deborah J. Ingram for clerical error - billed in wrong tax district. 4. Tax refund in the amount of $172.18 to Billy Wayne Lee Life Estate for clerical error - charged with house that had been demolished. 5. Tax refund in the amount of $520.20 to Legal Services of NC, Inc., for clerical error - major portion of parcel is exempt due to type of ownership. 6. Tax refund in the amount of $85.78 to Bobby and Elizabeth Locklear and John Kuhn and wife for double listing of house. 7. Tax refund in the amount of $311.96 to Professional Printers, Inc., for clerical error - equipment double listed. 8. Tax refund in the amount of $93.08 to Marion McP Simmons for clerical error - two improvements on this parcel charged in error. 9. Tab refund in the amount of $3.79 to Beulah Knarr for refund of late listing penalty. C. Set public hearing for March 19, 1990, to consider the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located west of Plantation Road Extension, south of Grafton Avenue. (P89-158) D. Set public hearing for March 19, 1990, to consider a petition for a street name change to change “Dwirewood Drive" to “Brightwood Drive". E. Adoption of a resolution setting a public hearing for the construction of a drainage improvement crossing Lot 1, T.M. Hunter property, on the north side of Silk Lane. (Set public hearing for March 19, 1990.) PRELIMINARY ASSESSMENT RESOLUTION. RESOLUTION NO. R1990-10. A copy of the foregoing resolution in on file in the Clerk's office in Resolutions Book R1990. F. (Pulled for discussion) G. Approval of bid award of for Clearing, Grading, and Fencing for the Waters Edge Substation, Reilly Road Switching Station, and 230 KV Transmission Right-of-Way Clearing to C.K. Andrews Contracting Company, Inc., low bidder, in the amount of $138,129.03. (PWC) The bids received were as follows: C.K. Andrews Contracting Co., Inc. $138,129.03 McDonald Grading $176,415.50 Autry Grading $255,535.00 H. Approval of agreement between City of Fayetteville and Southern Railway Company for sewer easement. I. Adoption of Capital Project Ordinance Change 90-18. To administratively account for funds in a single capital project for parking at Social Services, Amtrak, and Maiden Lane improvements in the amount of $847,985.00. J. Adoption of Capital Project Ordinance 90-7. To account for monies received from federal and state grants for Transit planning and capital expenditures in the amount of $315,170. K. (Pulled for discussion) L. Adoption of resolution setting public hearing for February 20, 1990, to consider paving, drainage and sanitary sewer assessments for the following: 1. Lone Pine Drive 2. Samuel Street 3. Anarine Road 4. Carolina Avenue 5. The Greens 6. Ducks' Nest 7. Gardner Street 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 LONE PINE DRIVE (FROM CUMBERLAND ROAD TO CUMBERLAND ROAD). RESOLUTION NO. R1990-11. 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 SAMUEL STREET (FROM DUNN ROAD TO EASTERN LINE, LOT 1, BLK 2.DM, HIGHLAND ACRES, PLAT BOOK 14, PAGE 50, C.C.N.). RESOLUTION NO. R1990-12. 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 ANARINE ROAD (FROM MCKIMMON ROAD TO CUL-DE-SAC). RESOLUTION NO. R1990-13. 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 CAROLINA AVENUE (FROM END OF EXISTING PAVEMENT WESTERLY TO CUL-DE-SAC). RESOLUTION NO. R1990-14. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR DRAINAGE IMPROVEMENT OF THE GREENS (FROM FROST DRIVE TO EXISTING STORM SEWER OUTLET AT CLUB ASSOCIATES PROPERTY). RESOLUTION NO. R1990-15. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR DRAINAGE IMPROVEMENT OF DUCKS' NEST (FROM PURDUE DRIVE NORTHEASTERLY TO N/E CORNER OF DUCKS' NEST, SECTION 1). RESOLUTION NO. R1990-16. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR SANITARY SEWER ON GARDNER STREET (FROM HULON STREET TO WESTERN BOUNDARY OF PARADISE PARK, PLAT BOOK 29, PAGE 63, C.C.R.). RESOLUTION NO. R1990-17. A copy of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1990. M. (Pulled from agenda) F. Approval of award of contract for reroofing Farmer's Market Building and other improvements. Councilmember Cheek stated that information regarding this item was to be sent under separate cover, and she had not received this information. City Manager Smith distributed information to Council concerning the bids. Mr. Smith recommended Council award the contracts to the low bidder, JAMBBAS Construction, in the amount of $25,000.00 to cover unforeseen expenditures for a total bid of $88,088.30 and transfer into the project sufficient funds from Council contingency to fund the entire project. The reason for this recommendation is to get the building ready to work with the artists and crafts people to be able to use this building. A copy of the bid tabulation is attached to and made a part of these minutes. Following questions and answers, Mayor Pro-Tem Evans moved to award to the low bidder as recommended, seconded by Councilmember Ross, and carried unanimously 7 to 0. K. Approval of lease/purchase agreement between the City of Fayetteville and Southern National Bank. Councilmember Cheek requested some clarification on this matter that appears to contain some items that were to be bought outright. Mr. Smith responded there were some items that would be more beneficial to lease/purchase, interest is 6.7 percent. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (LEASE/PURCHASE AGREEMENT WITH SOUTHERN NATIONAL LEASING CORPORATION). RESOLUTION NO. R1990-18. Councilmember Cheek introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow, and carried unanimously 7 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 4. Public Hearings: A. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 5323 Morganton Road. (P89-149) Mayor Dawkins read the time limit policy for the public hearings. This item was presented by Al Mitchell stating that the Planning Board recommends the lot that faces Morganton Road be rezoned P-2 Professional and let the remaining portion remain R-10. The Planning Staff recommended denial of the requested rezoning. There was a valid protest petition submitted to the City Clerk which will require a ¾ vote of the entire Council to rezone. The public hearing was opened at 7:40 p.m. and appearing in favor was Attorney Stacy Weaver, 222 Maiden Lane, representing the Petitioner. Mr. Weaver stated that since it takes ¾ vote, he is requesting that Council either postpone the hearing or postpone the decision until all Council members can be present to hear the public hearing. Mr. Weaver stated that one of the reasons the Planning Staff recommended denial was because of the 1971 Land Use Plan which he says is outdated. The petitioner feels that the best and interest use for this property would be for professional use. Speaking in opposition was Mr. Phillip Bohlen, 203 Wintergreen Drive; Linda McAuley, 202 Wintergreen Drive; and Ernie Hawthorne, 205 Wintergreen Drive. All concurred that they felt the increased traffic and parking lots would not only be detrimental to the neighborhood, it would also pose a danger to the area children. Doug Jolley, 200 Ruritan Club Drive was also opposed and elaborated on the fact that a buffer area would not be sufficient and would more than likely go by the wayside as had happen in other areas. Speaking in rebuttal, Mr. Weaver stated there would be no entrance on Tarvis Street to the parking area or office and the office building would have the hours from 8:00 to 5:00 which should present no problems in the evening. Appearing in rebuttal to Mr. Weaver was Charles Astrike, 5407 Tarheel Drive and Hubert Noble, 111 Hearthstone Drive, who both requested that Council leave residents alone and put businesses downtown. There being none further to be heard, the public hearing was closed at 8:16 p.m. Al Mitchell defended the 1971 Land Use Plan by stating that although it is a 1971 plan, this does not mean that it is not valid for this area. The study was done before the area was fully developed. Councilmember Bolton moved to postpone action to February 20, due to absentee members of Council. The motion received no second. Councilmember Cheek stated she thought this was an excellent project as far as good commercial development. She feels this will be built, however, there were very powerful arguments involved and sound zoning principles given the situation. Ms. Cheek moved to deny the zoning request, seconded by Councilmember Ross. The motion carried six to one with Councilmember Bolton voting against. B. Consideration of annexation of Baxter Street. (Tract 1 and Tract 2) This item was presented by Assistant City Manager Stancil. He stated that since the area proposed for annexation are street rights-of-way, there are no property owners within the areas. No notices were sent, however, a notice of public hearing was published in the Fayetteville Observer and Times. Mr. Stancil stated this would be for reconstruction of that section only in the amount of approximately $1,100. There would be no action required at tonight's meeting and the ordinance would be brought before Council at the February 20 meeting for an effective date of April 2, 1990. The public hearing was opened at 8237 p.m. Appearing in favor of the annexation was Fred Richardson, 3516 Gowan Lane, stating he was representing the neighborhood requesting this be annexed because of the needed repair to this street that the annexed areas must travel on. There being none to appear in opposition, the public hearing was closed at 8:39 p.m. Council took no action and Mayor Dawkins reminded Council this ordinance would be on the February 20 agenda for the annexation to be effective April 2, 1990. 5. Planning Board Matters: A. Consideration of amendment to the Zoning Ordinance permitting nursing homes as permitted use in P-1 Professional District. This item was presented by Mr. Smith with a recommendation to refer this to the Planning Board. Councilmember Bolton moved to refer this item to the Planing Board as recommended, seconded by Councilmember Kendrick and carried unanimously seven to zero. B. Consideration of the rezoning from R5 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located on the north side of Chance Street, east of Hillsboro Street. (P90-4) This item was presented by Al Mitchell stating the Planning Board recommends denial of C1 Local Business District and approval of C1A Commercial District. This is in a mixed zoned district. Councilmember Torrey moved to follow the Planning Board's recommendation and rezone to C1A, seconded by Councilmember Bolton and carried five to two with Councilmembers Kendrick and Cheek voting against. 6. Consideration of adoption of Demolition Ordinance for property located at Lot 51, Little Avenue. (Owner: Julius A. Maultsby) This Item was presented by Walter Haire stating that it was partially demolished. AN ORDINANCE REQUIRING CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1990-5. Councilmember Bolton introduced foregoing ordinance moved its adoption, seconded by Councilmember Kendrick and carried six to one with Councilmember Torrey voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1990. Consideration of Audit Contract for FY 89-90. This item was presented by City Manager Smith stating City normally issues audit contracts for a period of three years and he recommends this contract go at least one more year, then request bids. Councilmember Bolton moved to put the contract out for bids for the fiscal year 1989-90, seconded by Mayor Pro-Tem Evans. Councilmember Kendrick offered substitute motion to renew the contract with Pat Marwick Main & Company for one more year, seconded by Councilmember Ross and the motion carried four to three with Councilmembers Evans, Bolton, and Cheek voting against. Consideration of request from Fayetteville Metro Visions Committee. This item was presented by City Manager Smith. Councilmember Pillow, member of the Committee stated that the contributors to this Project are Fort Bragg, Pope Air Force Base, Cumberland County, City of Fayetteville, Chamber of Commerce and Fayetteville Area Development. Fayetteville Area Development funds will be coming from the Trust Fund and the Cumberland Foundation. Councilmember Kendrick asked if this is one time contribution or will this be an annual commitment. Mr. Smith responded this $2,500 is the City's share for this year only and they would have to request any further contributions. Mayor Pro-Tem Evans moved to approve the $2,500 contribution, seconded by Councilmember Cheek and carried six to one with Councilmember Kendrick voting against. Consideration of amendment to Chapter 2, Article IV, regarding defense of City employees and officers and payment of claims. This item was presented by City Attorney Cogswell stating this deals with property damage only and the changes are to be more consistent with the state statute. This is to increase the amount for property damage claims that do not exceed $15,000. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV, “DEFENSE OF CITY EMPLOYEES AND OFFICERS; PAYMENT OF JUDGMENT CLAIMS" OF THE CODE OF ORDINANCES. ORDINANCE NO. S1990-2. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton, carried unanimously seven to zero. A copy of the foregoing ordinance is on file in the Clerk's office in ordinance Book S1990. Consideration of request for legal representation. This item was presented by the City Attorney. Councilmember Bolton moved to approve legal representation in the complaint filed by Betty Lou Jones against John Smith, Ronald Hansen, William Simons, Erville Cox and Angelita Marable seconded by Mayor Pro-Tem Evans and carried unanimously seven to zero. Appointments: Nomination/Election to fill one vacancy on Board of Adjustment. Mayor Pro-Tem Evans moved to elect Helen Adams for alternate to fill unexpired term to July 1990, seconded by Councilmember Pillow and carried unanimously seven to zero. Nomination to fill two vacancies on Historic Resources Commission. There were no nominations to fill the Realtor, Developer, or General Contractor category to October 1990, or Historic District Property Owner Category to October 1990. Administrative Reports: Report on disposal of surplus property. Council received the report and no action was necessary. Request authorization of settlement of claim. The City Attorney requested that Council authorize settlement of claim of Ara Eula Whiting and son, Kevin, for damage to vehicle in amount of $1,800. Councilmember Bolton moved to authorize settlement of the claim as requested, seconded by Councilmember Cheek and carried unanimously seven to zero. 14. Request settlement of condemnation claim. City Attorney Cogswell requested Council settle the condemnation of property of Ann Clark at southwest intersection of Valencia Drive and Cain Road. Council previously approved $4,500 and an additional $2,000 is requested making a total of $6,500. Councilmember Kendrick moved to approve the additional $2,000 as recommended, seconded by Councilmember Pillow and carried unanimously seven to zero. At this time Mayor Dawkins reminded everyone of the joint meeting with Public Works Commission at Environmental Services at 7:00 p.m. on February 12. Also that tomorrow there would be a Parks and Recreation Study Committee meeting at the Kyle House. Mayor Dawkins acknowledged the death of Mrs. W. A. Bizzell, who passed away last week and Mr. Bizzell, passing away in December. He stated they both had been very active in the community and would both be missed by all. Councilmember Ross reminded everyone of the neighbors in the Groveview Terrace meeting every Thursday night to work with the children to improve the conditions in the area. There being no further business, the meeting was adjourned upon motion and second at 9:20 p.m. Please Note: To views the Bid Tabulations for the Market Roofing Project, please see Book X, page 286 of the City of Fayetteville Meeting Minutes. JOINT MEETING WITH PUBLIC WORKS COMMISSION MONDAY, FEBRUARY 12, 1990 FAYETTEVILLE CITY COUNCIL JOINT MEETING WITH PUBLIC WORKS COMMISSION ENVIRONMENTAL SERVICES CONFERENCE ROOM MONDAY, FEBRUARY 12, 1990 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Nat Robertson, Jr., Milo McBryde, Tommy Bolton, Ida Ross, Joseph Pillow, Suzan Cheek, Mark Kendrick Absent: Councilmember Thelbert Torrey Public Works Commission Members Present: Tommy McKoy, Lyndo Tippett, William Owen Commission Members Absent: Bob Williams Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager John B. (Ben) Brown, Jr., Assistant City Manager Robert C. Cogswell, Jr., City Attorney Tim Wood, PWC Manager Mayor Dawkins called the meeting to order and introduced Tommy McKoy, Chairman of the Public Works Commission. Mr. McKoy outlined the capital projects of the Public Works Commission as shown on a memorandum to the Public Works Commission dated December 14, 1989. Mr. McKoy reminded City Council that the Public Works Commission loses money on annexation (the cost of street lights, reduced revenue from water). Mr. McKoy indicated that the staff and the Commission had met with the Local Government Commission and are currently conducting a feasibility study on the issuance of bonds for annexation and other capital projects. Mr. McKoy indicated that the cost of water and sewer extension in the current annexation area was approximately $5.5 million with the projected cost of the proposed 1992 annexation approaching $24 million. City Manager Smith indicated that neither PWC nor the City can any longer afford pay-as-you-go annexation. He suggested continuing joint efforts on the development of a long-range plan and the consideration of the issuance of bonds to finance the costs of annexation. Councilmember Ross inquired regarding streets in the City without water. Mr. Wood stated that all dedicated streets in the City have water and sewer. The remaining issue is the provision of water and sewer services on undedicated streets. Further business, the meeting was adjourned at 8:10 p.m. REGULAR MEETING TUESDAY, FEBRUARY 20, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS TUESDAY, FEBRUARY 20, 1990 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) Councilmember Nat Robertson excused at 8:15 p.m. Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Robert M. Bennett, City Engineer Tim Wood, PWC Manager Henry Powers, PWC Water and Sewer Superintendent of Operations Rick Davis, PWC Engineer Assistant II Robert Barefoot, Parks and Recreation Director Ike O'Hanlon, Citizen Dr. Harvey Hill, Citizen Members of the Press INVOCATION The invocation was offered by Reverend Ross Moyer, Village Drive Baptist Church followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Presentation of the 1989 Take Pride in America Award. City Manager Smith said he had represented the City in Raleigh accepting the statewide, “Take Pride in America" program award from Governor Martin to Parks and Recreation Park Rangers. Mayor Dawkins recognized the Park Rangers present tonight and presented them with this very special award. At this time Mayor Dawkins stated that Councilmember Robertson's wife, Kim is in the hospital and he would need to be excused at some point during the meeting. Councilmember Bolton moved to excuse Councilmember Robertson when he needs to leave tonight's meeting, seconded by Councilmember Ross and carried unanimously. 1. Approval of Agenda Councilmember Bolton moved to approve the agenda, seconded by Councilmember Kendrick and carried unanimously. 2. Consent Mayor Dawkins presented the consent agenda and asked if items should be removed before calling for action. Councilmember Cheek requested to pull Item 2.B. for discussion and make it Item 17. Councilmember Kendrick requested to pull Item 2.C. Councilmember McBryde moved to approve the consent agenda with the exception of Items B. and C. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved. A. Approval of minutes of regular meeting of January 16, 1990. B. (Pulled for discussion and moved to Item 17) C. (Pulled for discussion) D. Approval of bid award in the amount of $81,000.00 for the exterior painting of the Wilson Street Elevated Water Tank to Charlotte Tank Lining, low bidder. (PWC) The bids were received as follows: Charlotte Tank Lining $ 81,000 R. E. McLean Tank Company, Inc. $ 94,500 Southern Corrision $133,700 J & W Sandblasting $148,000 G & S Painting $153,000 2C. Adoption of a resolution setting a public hearing for March 19, 1990, to consider ordering the extension of a sanitary sewer collection system into the following annexed streets: Ireland Drive Crestview Drive Village Drive Welmont Drive Brentwood Drive Dellwood Drive Westhill Drive Glenridge Road Councilmember Kendrick asked why it appeared that the Village Drive Sewer extension does not go all the way down, Henry Powers responded that the extension is to be installed where it is not already being served. PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM INTO IRELAND DRIVE, VILLAGE DRIVE, BRENTWOOD DRIVE, WESTFIELD DRIVE, CRESTVIEW DRIVE, WELMONT DRIVE, DELLWOOD DRIVE AND GLENRIDGE ROAD. RESOLUTION NO. R1990-19. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 3. Public Hearings A. Consideration of renaming the portion of 401 Bypass located within the City Limits to Martin Luther King Boulevard. Mayor Dawkins read the policy for the limit on public hearings. The public hearing was opened at 7:00 p.m. Those speaking in favor of the proposal were as follows: Mr. Allan Griffith, 4803 Belford Road, representing the Fayetteville/Cumberland County Black Democratic Caucus. He read a lengthy presentation and summarized by stating they joined with their colleagues, the N.A.A.C.P. and other proponents, of their proposal, submitting that it is in the best interest of Fayetteville citizens to support the renaming of the By-Pass after Martin Luther King, Jr., and they feel if this is not done, Fayetteville will not be regarded as a progressive City. Mr. Nero Coleman, 1418 ½ Murchison Road, read a lengthy presentation and it stated he feels the renaming would help us rise above racism. Mr. Thomas Bacote, 1808 Gola Drive, stated he felt it would display the kind of unity that Fayetteville would like to have known. Mr. James Butler, 5406 Cardigon Court, stated that Martin Luther King stood for all and the City should consider this name change. And that God had spoken to him recently and told him that he is going to bring the high-seat people down in Fayetteville, North Carolina and he (Mr. Butler) wants Council to consider again changing the name to Martin Luther King, Jr. Those appearing in opposition were as follows: Mr. Oland Little, 7205 Manassas Drive, read a lengthy presentation and contended that Council had already received the area residents' and property owners' votes on this particular matter through a survey the City had requested they reply to. He stated they were in support of City Council's efforts and are requesting that City Council support their response to the question asked of them. Mrs. Gladys Goforth, 307 Country Club Drive, appeared stating she had a petition signed with over 1,000 names submitted to the City Clerk in opposition to this renaming. She further stated that quite a few years ago an effort was made to rename the By-Pass after John M. Wilson, a highly respected Fayetteville resident and operator of Highland Lumber Company. Ms. Goforth stated that a survey was requested at that time also, and the request was turned down by the citizens through that survey. She then cited several reasons why it would be costly to the City and the Citizens to change the street name. Mr. David P. Mehus, 4311 Pine Meadow Drive, submitted petitions to the City Clerk in opposition. He also submitted a list of street names with similar names within the County that Council might want to take into consideration. Mr. Mehus stated be is the president of the Friends of the 401 By-Pass group. They are aware of the overwhelming opposition through the survey. Also appearing in opposition was Mrs. Sue Fulcher, 1923 Manteo Street, stating that she is a Fayetteville native and feels that Council does not realize the cost to the citizens and businesses in changing their addresses. She further stated that since part of this road in the County, the names should be left as they are. Mr. Arthur Abendschein, 212 Country Club Drive, stated he has seen changes in the seven years he has been living there and he does not believe it will be an inconvenience to change the name nor would it be racism if they did not change the name. He stated he does like his address and his neighbors like their addresses and he does not want Council to change the name. Mr. William McLeod, 932 Country Club Drive, stated he does not want the cost that will be involved in changing the name on business licenses, letterhead, and so forth. He stated that the residents of the trailer park he lives in do not want their address changed and has 174 names to be added to the petition against the renaming. Mr. Clinton Harris, 4713 Watauga Road, stated he was appearing in opposition of a quote given by the past Councilmember Johnny Joyce made by a lady of the description of this town by coining the phrase of “rednecks". Mr. Harris stated he did not want this City to get rid of that image with the way this Council has behaved in this matter and this City deserved the title of “redneck". Mr. Harris accused' this City of stealing the All America City Award from Houston, Texas. The time elapsed for this public hearing and Mayor Dawkins asked that the record show that Mr. Harris is not a City resident. The public hearing was closed at 7:50 p.m. Councilmember Bolton stated every effort has been made to ensure the integrity of the Democratic process as it relates to this event. A special committee was formed that advised us it was not necessary to change the name of that highway for the purpose of continuity. We have polled those persons who reside or own property along the highway, with an overwhelming response in opposition being received. Mr. Bolton stated Council has received countless phone calls and letters of concern from the citizens. Therefore, he moved to leave the name of the highway as it is. The motion was seconded by Councilmember McBryde. Councilmember Ross stated that our story is going all over the country. She stated that our students are dropping out of school and they need an image to bring them back. Councilmember Torrey stated that the US 401 By-Pass is not an official name. He stated that a staff study found that the 401 By-Pass has three names. He further stated the study shows the following main reasons for changing the name of this thoroughfare: 1. To facilitate the orderly provision of mail; 2. The Police Chief reported their staff was confused many times in locating residents along this area in time of crisis; 3. The Fire Chief reported they had trouble trying to find addresses, places and homes along this thoroughfare; 4. The Sanitation Department also has problems with the collection service. Mr. Torrey continued, stating that the City needs a medium to bind the City together racially; therefore, he offered substitute motion to rename the 401 By-Pass to Martin Luther King, Jr. Boulevard, seconded by Councilmember Ross. Councilmember Pillow stated he feels if City Council's intention is to straighten out the streets with multiple names, such as this road, then we need to change the name to either the 401 By-Pass or something else. Councilmember McBryde responded to Mr. Pillow that staff study revealed they found no problem using the existing names of Skiho, Country Club Drive, and Pamalee Drive for the 401 By-Pass and there was no need to change it unless Council just wanted to. Councilmember Pillow stated that when the NC DOT allocated the money to acquire the land along this By-Pass and paid for the construction, he recalls that it was to be built under the name of 401 By-Pass and not Pamalee, Country Club, or Skibo. His concern is what are we supposed to do. Mayor Dawkins called for a vote on the substitute motion and it failed three to six with Councilmembers Evans, McBryde, Robertson, Bolton, Cheek and Kendrick voting against. Mayor Dawkins then returned to the original motion made by Councilmember Bolton and seconded by Councilmember McBryde to leave the By-Pass with the same names involved. Councilmember Ross asked if this was going to be the procedure for here on in. Councilmember Pillow stated that was also his concern and that is the reason he could not vote in favor of the main motion. He repeated his previous concern with the name changing. Councilmember Bolton stated the report cited only two or three streets they recommended no change of name for the purpose of continuity, but there were several streets they did suggest that should be addressed. Councilmember Kendrick stated the Streets and Roads Committee had addressed the proposal of 9-1-1, then the Street Committee investigated the duplication of street names and was reviewed by the City/County Liaison Committee, who in turn appointed a group from City/County Staff to study these problems. Mr. Kendrick stated that the 401 By-Pass was not the major priority street to be name changed. The first priority was the duplication of names, the second was streets with sound alike names, and the third group was the streets that had several names. He continued that Council then adopted a policy that there would be public hearings to change the name of a street for the people that live along the street under consideration and they will have a “say-so" in the renaming. Mr. Kendrick stated that the study on the 9-1-1 showed that the 401 By-Pass could possibly be a problem but it was not a priority on the list. Councilmember Pillow responded to Mr. Kendrick in that the 410 By-Pass was not the major problem but was being considered because a resolution that was presented to Council. Action needs to be taken on that resolution. Mayor Dawkins then called for a vote on the main motion to leave the street names as they are now. The motion passed six to three with Councilmembers Torrey, Ross, and Pillow voting against. Councilmember Nat Robertson was excused at 8:15 p.m. At this time, City Attorney Cogswell reviewed the paying process including the 30 percent discount for early payment. Mr. Cogswell certified that notices of the preliminary assessment roll were mailed to the owners of the property shown on the preliminary assessment roll. Mayor Dawkins also reminded everyone that the assessments under consideration tonight are under the old policy of $4 per front foot instead of the new policy of $10 per front foot because they were initiated before the new policy was adopted. B. Consideration of resolutions confirming assessment roll and levying assessments for paving, drainage, and sanitary sewer for the following: City Attorney Cogswell submitted a certification that notices of the preliminary assessment rolls were mailed to property owners shown on the following preliminary assessment rolls. 1. Lone Pine Drive The public hearing was opened at 8:20 p.m. and there being none to speak In favor or against, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1990-20. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Evans and carried unanimously 8 to 0 at 8:22 p.m. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 2. Samuel Street The public hearing was opened at 8:22 p.m. There being none to speak in favor or in opposition to this item, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1990-21. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek and carried unanimously at 8:22 p.m. 3. Anarine Road The public hearing was opened at 8:22 p.m. There was none to speak in favor. Appearing in opposition was Elizabeth Willoughby, 214 McKimmon Road. She distributed photos of the area showing that a portion already had been paved in front of her lot. She stated that the map does not correctly show where the road comes to her lot, where it shows 45.51 feet. Mr. Bennett responded he feels the map and the assessment are accurate. Her lot is larger than 45.51 feet. There was none further to be heard on this matter and the public hearing was closed at 8:30 p.m. Councilmember Bolton moved to continue action to March 19, 1990, meeting, seconded by Councilmember Kendrick and carried unanimously 8 to 0. Council instructed staff to have this lot surveyed and meet with Ms. Willoughby. 4. Carolina Avenue The public hearing was opened at 8:32 p.m. There being none to speak in favor or in opposition to the matter, the public hearing was closed. The City Attorney requested that if Council approved the assessment roll, it would be subject to modification of the Marshall and Lucille Ray lot because of a recent survey that may reflect the distance is not 55.65 feet as it shows on the map. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1990-22. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, subject to modification of the lines if necessary, seconded by Councilmember Kendrick and carried unanimously 8 to 0 at 8:32 p.m. 5. The Greens The City Attorney stated that when the assessment project was approved by Council in August 1987, Mr. Dohn Broadwell appeared at the public hearing and indicated that he would pay $10,000 towards the assessment on the north side if Council approved this project. Mr. Cogswell recently received a letter from Mr. Broadwell reflecting his intention to pay. He stated that if Mr. Broadwell paid within that time frame to take advantage of the discount, none of these properties will have to pay an assessment. If he does not take advantage of the discount, there will be a balance on each lot, if Council approved the assessment roll. The public hearing was opened at 9:02 p.m. and there was none to speak in favor of the project. Appearing in opposition was William England, 3501 Hastings Drive, (Lot 3) asking when they would receive the letter if Mr. Broadwell did not pay. Mr. Cogswell responded that it would be after Mr. Broadwell made his payment and he had 60 days to benefit from the discount. Mr. England also stated he felt this project should have been paid in full by the City. Opposed also was Mr. Arthur G. Abendshein, 212 Country Club Drive, stating the pipe was not doing the job on his lot. He stated they did not create the problem and they don't feel they should have to pay to have it fixed, especially when it is not working to keep the water from their property. Mrs. Mary Guthrie, 200 Country Club Drive, appeared in opposition stating that the land would have to be properly graded before this water problem would be settled. She stated that part of that water comes from across Ramsey Street and those property owners are not paying anything. Also, after Harris-Teeter was developed, more water came from that area and they were not assessed for any part of it. She further stated that she feels she is not responsible for this water and neither should she have to pay. Mrs. Cathy Kosterman, 116 Country Club Drive, appeared in opposition stating that she felt the drainage problem should have been taken care of in the beginning by the developer and then assess any property owners that contributed to the problem. She expressed a concern that foresight is not being used in planning these developments. The public hearing was closed at 8:52 p.m. Mr. Bennett responded that the development company for the shopping center had installed a ditch on the property that is now part of The Greens Subdivision to carry excess wager from the shopping center. The property was sold to Mr. Broadwell and developed. Mr. Broadwell protested piping the ditch because it was not in the natural low point. Mr. Bennett stated that the only water going into this ditch was coming from outside Mr. Broadwell's subdivision and those 10 lots on Country Club Drive. Mr. Bennett continued that Mr. Broadwell had agreed to participate in piping the ditch although he did not put any water into the ditch from his subdivision. Mr. Broadwell could have filled the ditch in and the water would have drained down those lots into the natural low point. Mr. Bennett further stated he did not think that pipe had overflowed but one time and that was when we had the record rainfall. Otherwise, all the rainwater has flowed through the 48 inch pipe installed by the City. Mr. Bennett further stated that the owners of the 10 lots could request to tap into this pipe to carry their water from their low point, but they would have to put in the inlets because this is not along an easement that the City owns. Councilmember Bolton stated he understood Mr. Bennett's explanation, however, he still questions if these lot owners are benefiting from this pipe because there is still a water problem at this point. RESOLUTION CONFIRMING- ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1990-23. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried 7 to 1 at 9:02 p.m. with Councilmember Bolton voting against. 6. Ducks' Nest The public hearing was opened at 9:04 p.m. There was none to speak in favor and speaking in opposition was Ms. Jan Baxley, 2501 Woodwind Drive. She questioned whether another property owner would be allowed to cause water to flow onto your property. She stated she was also speaking for property owners of lots 26-30. Ms. Baxley presented a letter to Councilmembers and the City Clerk for a file copy explaining the history of their situation. It seems that the 3 foot wide dry creek bed has become a rushing swollen stream along her property line. She stated there has been structural damage along with the mosquito problem all because of water draining from property above them. They don't feel they should have to pay to solve the problem caused by someone else. Ms. Baxley also questioned what became of the money from the sale of the thousands of board feet of lumber in the form of huge old trees cut down and hauled from their property by the truckloads when the drain was dug. She stated it would go a long way toward deflecting some of the cost of the drain. There being none further to be heard on this matter, the public hearing was closed at 9:15 p.m. Councilmember Cheek asked City Engineer Bennett if there is a storm sewer in Purdue Drive that links in with this pipe and Mr. Bennett responded there is. Therefore, the only water washing across their yard would be from their own property drainage. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1990-24. Councilmember Pillow introduced the foregoing resolution and moved it's adoption, seconded by Councilmember Ross and carried 6-2 at 9:21 p.m. with Councilmembers Bolton and Kendrick voting against. 7. Gardner Street The public hearing was opened at 9:22 p.m. and there being none to speak in favor or in opposition to this matter, the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1990-25. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0 at 9:22 p.m. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolutions Book R1990. C. Consideration of resolution closing a portion of Center Street from Powell Street westerly to cul-de-sac. This item was presented by city Engineer Bennett recommending adoption of the resolution. All adjoining property owners have been notified of this public hearing and the date and hour has been advertised. The public hearing was opened at 9:22 p.m. and there being none to speak in favor or opposition to this matter, the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF CENTER STREET. RESOLUTION NO. R1990-26. 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 City Clerk's office in Resolution Book R1990. 4. PWC Matters: A. Consideration of approval of bid award in the amount of $59,734.00 to King Electric of Fayetteville for emergency repairs to sanitary sewer main crossing Cross Creek in vicinity of Cross Creek Wastewater Treatment Plant. This item was presented by PWC Manager Tim Wood stating that the repairs that need to be done are from damage they believe to have been done during the recent flood. They received five informal bids. Councilmember McBryde moved to approve the contract to King Electric in the amount of $59,734, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 5. Consideration of request for naming the CBD Loop, “Fayetteville Arsenal Expressway". Mr. Ike O'Hanlon was recognized stating that in 1836 the Federal Government appropriated a large sum of money for the Arsenal to be built in Fayetteville. There were only three built one in New York, one in Europe and the one in Fayetteville. Mr. O'Hanlon stated it was proclaimed that the one in Fayetteville was the most beautiful by far. Mr. O'Hanlon presented a petition requesting that the CBD Loop be renamed to Fayetteville Arsenal Expressway. Also appearing in support of this recommendation was Max Weinstein, student at Fayetteville Academy, Dr. Harvey Hill and Scott Alligood, student at Hope Mills Junior High. Scott showed a display he had made from artifacts and nails from the Arsenal. Councilmember Bolton moved to have staff report the procedures to take to initiate the renaming of this road since it is not a residential street, seconded by Councilmember McBryde. Mayor Pro-tem Evans stated it had been decided by Council that this road would not be renamed until completion. Councilmember Pillow reminded Councilmembers that we already have an Arsenal Avenue. Following some further discussion, Mayor Dawkins called for a vote and the motion failed 3 to 5 with Councilmembers Kendrick, Evans, Torrey, Pillow and Ross voting against. 6. Consideration of adoption of resolution accepting Christian Street for maintenance. This item was presented by City Engineer Bennett stating that this street has never been maintained by either the City or State and PWC is willing to proceed with installation of water and sanitary sewer on a tapping basis, provided the City has accepted maintenance of the street. Mr. Bennett stated they feel it is an upgrading neighborhood-type project and recommended acceptance. RESOLUTION FOR THE ACCEPTANCE OF CHRISTIAN STREET FOR MAINTENANCE. RESOLUTION NO. R1990-27. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek. Councilmember Kendrick asked how many residents would be served by PWC and Mr. Bennett responded that directly on that street was one, however, others would be able to utilize this service. Following some further discussion, Mayor Dawkins called for a vote and the resolution was adopted with a vote of 7 to 1 with Councilmember Kendrick voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. Tim Wood was excused at 10:00 p.m. 7. Consideration of adoption of resolution authorizing condemnation to acquire certain property located on Christian Street for Parcels S-1, S-3, S-4 and S-5. The City Engineer presented this item stating this is regarded as an upgrade of the neighborhood and recommends adoption of the resolution to accept maintenance as well as the resolutions to acquire the rights-of-way. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL S-1). RESOLUTION NO. R1990-28. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL S-3). RESOLUTION NO. R1990-29. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL S-4). RESOLUTION NO. R1990-30. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL S-5). RESOLUTION NO. R1990-31. Councilmember Bolton introduced the foregoing resolutions and moved their adoption, seconded by Mayor Pro-Tem Evans and carried 7 to 1 with Councilmember Kendrick voting against. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1990. 8. Consideration of purchase of Lots 29, 33 and 34, in the “C" Street/Downing Street area, Plat Book 7, Page 5, Cumberland County Registry. City Engineer Bennett presented this item and stated that the owners of these lots have approached the City and offered to convey these lots to the City for a total of $720. They are on the tax books for $1,875 for one and $2,588 for the other. Mr. Bennett stated he feels these lots will be needed in the future to proceed with the drainage improvement in that area and recommends the City purchase these lots for the $720. Councilmember Bolton moved to purchase the lots as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 9. Consideration of adoption of resolutions accepting bid offers on several lots in East Acres Subdivision. City Engineer Bennett presented this item and stated that Council has tried to sell these properties with a minimum amount required in the past with no success. Bids have been received from Mr. Peter Evans for Lot 7, Block “A" in the amount of $900 and Lots 1-4, 17 and 18, Block “C" in the amount of $3,525. Also the jointly owned City/County property received bids from Mr. Evans for Lot 8, Block “A" for $1,000 and Lots 4-6, Block “A" for $1,000. Mr. Bennett stated this will put the property back on the tax books and be used for the best interest for the area. He is recommending adoption of the resolutions. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1990-32. RESOLUTION AUTHORIZING THE SALE OF THE CITY'S INTEREST IN JOINTLY OWNED CITY/COUNTY PROPERTY. RESOLUTION NO. R1990-33. Councilmember Kendrick introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Bolton and carried unanimously 8 to 0. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1990. 10. Consideration of City's acceptance of dedicated land from Eutaw, Inc. City Manager Smith presented this item stating that this is about 5 ½ acres that Parks and Recreation Department is interested in because it is along Cross Creek and therefore fits into the long-range plan for a greenway along Cross Creek connecting several of the City's major parks. The creek stays on the Eutaw side. This property has a natural drainage ditch on it that has been the center of some controversy with adjoining owners. Mr. Smith recommended that the City accept the property free and clear of 1989 and 1990 taxes. Councilmember Bolton moved to accept the dedication of the land from Eutaw, Inc., seconded by Councilmember McBryde and carried unanimously 8 to 0. 11. Consideration of adoption of resolution directing the City Clerk to investigate a petition for annexation received under GS 160A-31 (Homewood Subdivision). This item was presented by Assistant City Manager Stancil recommending approval of the resolution investigating a petition received from T & M Investments, Inc., property (Homewood Subdivision). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1990-34. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 6 to 2 with Councilmembers Torrey and Ross voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 12. Consideration of adoption of the following Annexation Ordinances: A. Baxter Street - Tract 1 B. Baxter Street - Tract 2 Assistant City Manager Stancil presented this item stating that the ordinance would be effective April 2, and the City would repair Baxter Street that day. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA (BAXTER STREET - TRACT 1). ANNEXATION ORDINANCE NO. 90-2-324. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA (BAXTER STREET - TRACT 2). ANNEXATION ORDINANCE NO. 90-2-325. Councilmember Bolton introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Pillow and carried unanimously 8 to 0. Copies of the foregoing ordinances are on file in the Clerk's office in Annexation Ordinances Book 1990. 13. Consideration of revision to Fees and Charges Policy. Parks and Recreation Director Barefoot presented this item and stated that the basic changes deal with increased rental rates at the recreation centers, the establishment of a new ball field rental, pool rental increase, and the establishment of the Rowan Street Park/Band Shell rental. (A copy of the fees and charges schedule is attached to these minutes.) Councilmember Bolton moved to revise the fees and charges policy of Parks and Recreation, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 14. Consideration of request for legal representation. City Attorney Cogswell stated that in the case of Garvin and Taylor, G & T Investments vs. City, he is requesting Council authorize him to represent all Councilmembers and City Manager and authorize Marland Reid to represent Airport Manager Tom Ray and all the current Airport Commissioners at the rate of $100 per hour. Councilmember McBryde moved to follow the recommendation, seconded by Councilmember Pillow and carried unanimously 8 to 0. 15. Boards and Commissions: A. Nominations to fill two vacancies on the Historic Resources Commission. Councilmember Bolton nominated Mrs. Myrtice Coley in the category of Realty Developer or General Contractor to fill the term of Buzz Lloyd to October 1990. There were no nominations for the Historic District Property Owner category to fill the term of Frank Brown to October 1990. 16. Administrative Reports: A. Statement of taxes collected for the month of January 1990, from Cumberland County Tax Collector. The statement of taxes collected for the month of January 1990 showing a total collections of $4,260,619.54 was accepted. 17. Approval of advertisement of lease agreement between the City of Fayetteville and Friends of the Botanical Garden. (This item was moved from 2.B. on the agenda.) Councilmember Cheek stated she wanted Council to have the opportunity to approve the initial Master Plan, therefore she is requesting that at the bottom of Page 3 of the lease the words, “City Manager or his designee" be changed to “City Council or their designee". Councilmember Kendrick seconded the motion and it carried unanimously 8 to 0. At this time Councilmember Pillow stated there would be a meeting of the Council Committee of Buildings and Grounds at the Arts Center on Hay Street, Monday at noon. There being no further business, the meeting was adjourned upon motion and second. Please Note: To views the Parks and Recreation Department Summary of Fees and Charges, please see Book X, page 298a of the City of Fayetteville Meeting Minutes. INFORMATION MEETING MONDAY, FEBRUARY 26, 1990 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBERS MONDAY, FEBRUARY 26, 1990 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Nat Robertson, Jr., Tommy Bolton, Ida Ross, Joseph L. Pillow, Thelbert Torrey, Suzan K. 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 Mayor Dawkins called the meeting to order and the invocation was offered by City Manager John Smith. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, the Council voted unanimously to approve the agenda. The first item was a discussion of City Council goals for fiscal year 1991. City Manager John Smith reviewed a summary of the City Councilmembers' goals as discussed in their meeting on Monday, January 22. He reviewed current activities underway regarding these goals and the potential impact on the 1990-1991 budget. The next item was a presentation on the Police Department space utilization study by Architect Robert Shuller. After the presentation of the report, City Council asked that staff review other alternatives and report back to the City Council. The next item was a presentation on Senate Bill 111, an act to improve the management of solid waste, and its impact on the City's solid waste collection system. This presentation included a review of the contents of Senate Bill 111, the current efforts of the City of Fayetteville in this effort and the projected impact on the 1990-91 budget. The next item for discussion was a presentation of the City's efforts in drug enforcement. City Manager Smith commented on the City's current efforts, which involve all departments. The Police Department presented a video of the drug activity. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE SUPPORTING INCREASED ENFORCEMENT EFFORTS BY OUR POLICE DEPARTMENT FOR THE PROTECTION OF THE CITIZENS IN OUR NEIGHBORHOODS SUFFERING FROM NARCOTIC-RELATED VIOLENCE. RESOLUTION NO. R1990-35. Upon motion by Councilmember McBryde, seconded by Councilmember Bolton, the Council voted unanimously to approve the foregoing resolution supporting the increased law enforcement efforts. A copy of this resolution is on file in the Clerk's office in Resolutions Book R1990. Upon motion by Councilmember Kendrick, seconded by Councilmember Robertson, Council voted unanimously to adjourn. REGULAR MEETING MONDAY, MARCH 19, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS MONDAY, MARCH 19, 1990 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) Councilmember Bolton excused at 8:35 p.m. Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations Beryl Wade, Assistant City Attorney/Police Legal Advisor Mike Walker, Assistant City Engineer Tim Wood, PWC Manager Henry Powers, PWC Water and Sewer Superintendent-Operations Al Mitchell, Assistant City/County Planning Director Louis Chalmers, Traffic Services Engineer Marie Pressler, Volunteer Director Cumberland County Handicapped Outreach Center Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Chaplain Terry Austin, Fort Bragg, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Due to the death of Councilmember Bolton's father-in-law, Ken Spears, Councilmember McBryde moved to excuse Mr. Bolton whenever he needs to leave tonight's meeting, seconded by Councilmember Ross and carried unanimously. 1. Approval of Agenda Councilmember Kendrick moved to approve the agenda, seconded by Councilmember Ross 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 Items 2.J. and 2.U. for discussion. Mayor Pro-Tem Evans moved to approve the consent agenda with the exception of Items 2.J. and 2.U. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved: A. Approval of minutes of regular meeting of February 5, 1990. B. Approval of minutes of joint meeting between Fayetteville City Council and Public Works Commission on February 12, 1990. C. Approval of minutes of information meeting of March 26, 1990. D. Approval of Tax Refunds. 1. Tax refund in the amount of $4.29 to Jerome Bethea for clerical error - 1979 Pontiac valued incorrectly. 2. Tax refund in the amount of $7.38 to Mr. and Mrs. Rufus J. Bigford for clerical error - 1966 Pathfinder valued incorrectly. 3. Tax refund in the amount of $52.29 to Grace Byrd Coleman for clerical error - 1984 Buick valued incorrectly. 4. Tax refund in the amount of $65.89 to Gerard J. and Song Sun Cousin for illegal tax - military exempt. 5. Tax refund in the amount of $15.82 to Mr. and Mrs. Willie A. Denning for clerical error - charged with auto in error. 6. Tax refund in the amount of $46.38 to Mr. and Mrs. Willard L. Dockery for clerical error - 1987 GMC TK double-listed. 7. Tax refund in the amount of $207.01 to Jack P. and Martha P. Gibson for clerical error - incorrect value of mobile holes. 8. Tax refund in the amount of $18.67 to Daisy B. Gillespie for clerical error - 1984 Chevy charged twice. 9. Tax refund in the amount of $68.40 to Mr. and Mrs. James S. Greer for clerical error - two autos located out of state. 10. Tax refund in the amount of $75.88 to Mr. and Mrs. Lemuel Madison Hair for clerical error - two boats charged as inboards instead of outboards. 11. Tax refund in the amount of $32.23 to Claude David and Olga H. Hogan for clerical error - did not own 1984 Chevy. 12. Tax refund- in the amount of $2.55 to James D. Jackson for adjusted value on 1983 Nissan 280Z. 13. Tax refund in the amount of $11.62 to Mr. and Mrs. Larry C. Kilgore for clerical error - did not own 1976 Volvo. 14. Tax refund in the amount of $3.37 to Treva and David Kuehne for clerical error - billed in wrong tax district. 15. Tax refund in the amount of $9.11 to Frances and Paul Monroe for clerical error - overstatement of 1986 taxes by taxpayer. 16. Tax refund in the amount of $21.79 to Thomas E. Morrison for clerical error - 1985 Chevy valued incorrectly. 17. Tax refund in the amount of $1.19 to Larry Juan Parker for clerical error - incorrect value on 1987 Nissan. 18. Tax refund in the amount of $17.18 to Claude Ratley for clerical error - billed in wrong tax district. 19. Tax refund in the amount of $22.82 to William A. and Gretchen H. Rodda for clerical error - 1985 Chevy Van incorrectly charged. 20. Tax refund in the amount of $8.67 to Mr. and Mrs. William H. Scott, Sr., for clerical error - 1987 GMC Jimmy valued incorrectly. 21. Tax refund in the amount of $9.48 to McKinley Surles for clerical error - 1967 Buick valued incorrectly. 22. Tax refund in the amount of $140.39 to Joe G. Thompson for clerical error - building addition incorrectly billed. 23. Tax refund in the amount of $46.50 to Roy T. Wardlaw for illegal tax - military exempt 24. Tax refund in the amount of $23.16 to Charity F. and Harry R. Watson for clerical error - 1987 Honda Shawdow MC charged in error. 25. Tax refund in the amount of $6.61 to Lloyd Clyde Williams for clerical error - trailer located in another County. 26. Tax refund in the amount of $42.23 to World Omni Leasing, Inc. for clerical error - billed in wrong tax district. 27. Tax refund in the amount of $64.48 to World Omni Leasing, Inc. for clerical error - vehicles not in this location. 28. Tax refund in the amount of $52.89 to Mr. and Mrs. Roy E. Wyett for clerical error - 1983 Olds incorrectly valued. E. Adoption of Budget Ordinance Amendment Change 90-9. To account for $1,466 received by Human Services Department from donations for Brotherhood Program. To account for $1,996 received by Parks and Recreation Department from donations by several businesses and Knights of Columbus. To be used for purchase of scoreboard for Babe Ruth Field at Tokay Park and equipment for special population center. To account for $400 received from Fayetteville Technical Community College for training provided by people from our Personnel Department. To increase the Fleet Maintenance Fund Budget by $6,400 to cover maintenance cost. F. Adoption of Capital Project Ordinance Amendment Change 90-19. To account for $9,909 received from Federal Drug Forfeiture Funds to be used for purchasing miscellaneous equipment and other discretionary items for the Police Department. G. Adoption of Capital Project Ordinance Amendment Change 90-20. To show PWC as a revenue source for their portion of the 1988 annexations of Hermitage Place/Cliffdale Road and Evergreen. H. Adoption of Capital Project Ordinance Amendment Change 90-21. To officially transfer $25,000 from the Council contingency (general fund) to the Farmers' Market Capital Project approved by Council February 5, 1990. I. Adoption of Capital Project Ordinance Amendment Change 90-22. To account for an additional $60,000 grant received from HUD for our CDGB Target Areas Rental Rehabilitation Program. J. (Pulled for discussion) K. Approval of bid awards to low bidders for purchase of water and wastewater chemicals (bid tabulations attached). (PWC) Bids received were as follows: ONE YEAR CAUSTIC SODA FIRM/CUT Southchem, Inc. 20.43 *Holtrachem, Inc. 9.105 Prillaman Chemical Corp. 9.225 Jones Chemicals 9.78 Van Waters & Rogers, Inc. 452.00/Ton *Awarded to Holtrachem, Inc. in the amount of $204,862.50 ONE YEAR LIQUID CHLORINE FIRM/CWT *Prillaman Chemical Corp. 25.00 Jones Chemicals 25.00 Van Waters & Rogers, Inc. 25.00 *Awarded to Prillaman Chemical Corp. in the amount of $95,000.00 ONE YEAR ALUMINUM SULFATE FIRM/CWT *American Cyanamid Company 2.90 Prillaman Chemical Corp. 3.85 Industrial & Agricultural 3.50 Koch Sulfur Products 3.41 General Chemical Corp. 7.60 Perodot Chemicals Co. 3.17408 *Awarded to American Cyanamid Company in the amount of $123,250.00 ONE YEAR HYDRATED LIME FIRM/CWT Prillaman Chemical Corp. 5.31 *APG Lime Corporation 5.40-fuel surcharge ONE YEAR HYDROFLUOSILICIC ACID FIRM/CWT Southchem. Inc. 6.90 *LCI, LTD. 5.55 Prillaman Chemical Corp. 5.99 ChemTech Industries, Inc. 135.94/Ton *Awarded to Lucier Chemical Industries, Ltd. in the amount of $13,875.00 ONE YEAR POWDERED ACTIVATED CARBON FIRM/CWT Southchem, Inc. 36.18 Prillaman Chemical Corp. 35.38 *Calgon Carbon 35.20 *Awarded to Calgon Carbon Corp. in the amount of $28,160.00 ONE YEAR LIQUID FERRIC CHLORIDE FIRM/CWT Southchem, Inc. 14.75 *Prillaman Chemical Corp. 4.30 Jones Chemicals 4.79 *Awarded to Prillaman Chemical Corp. in the amount of $12,040.00 ONE YEAR SODIUM SILICOFLUORIDE FIRM/CWT Southchem, Inc. 30.89 *Prillaman Chemical Corp. 27.46 Van Waters & Rogers, Inc. 48.00 *Awarded to Prillaman Chemical Corp. in the amount of $2,746.00 ONE YEAR HYDRATED LIME FIRM/CWT *Prillaman Chemical Corp. 4.30 APG Lime Corp. 4.298-fuel surcharge *Awarded to Prillaman Chemical Corp. in the amount of $15,930.00 L. Approval of bid award for purchase of Liquid Oxygen to M.G. Industries (Valley Forge, PA), low bidder. (PWC) Bids were received as follows: PER 100 CUBIC FOOT M. G. Industries $.2044 Sunnox Corp. .2300 National Welders .2390 Air Products .2790 Union Carbide Industrial Gas .3000 M. Set public hearing for April 16, 1990, to consider the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 1011 Branson Street. (P90-15) N. Set public hearing for April 16, 1990, to consider the rezoning from R6 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located at 209 Lawrence Avenue. (P90-17) O. Set public hearing for April 16, 1990, to consider the rezoning from R6 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located on the north side of Briarcliff Drive, east of Westmont Drive. (P90-20) P. Approval of the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 2503 Camden Road. (P90-16) Q. Adoption of ordinances imposing liens on the following properties: 1. 427 Bryan Street - Adopted following ordinance at 7:10 p.m. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN. ORDINANCE NO. NS1990-6. 2. 204 Deep Creek Road - Following ordinance adopted at 7:10 p.m. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN. ORDINANCE NO. NS1990-7. 3. 1019 Branson Street - Following ordinance adopted at 7:10 p.m. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN. ORDINANCE NO. NS1990-8. 4. 1904 Southern Avenue - Following ordinance adopted at 7:10 p.m. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN. ORDINANCE NO. NS1990-9. 5. 533 East Russell Street - Following ordinance adopted at 7:10 p.m. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN. ORDINANCE NO. NS1990-10. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1990. R. Approval of revision to Fayetteville City Code, Section 20-106, Traffic Schedule Number 6 - Stop Intersections AN ORDINANCE AMENDING CHAPTER 2O, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1990-11. A copy of the foregoing ordinance is on file in the Clerks office in Ordinance Book NS 1990. S. Set public hearing for April 16, 1990, to consider allocation of Community Development Block Grant funding for fiscal year 1990-1991. T. Approval of sale of Motorola mobile radio to Alamance County. RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY TO THE COUNTY OF FINANCE, NORTH CAROLINA. RESOLUTION NO. R1990-36. U. (PULLED FOR DISCUSSION) 2J. Approval of award of contract to low bidder, Frank Horne Construction, Inc., in the amount of $1,125,921.84, for street drainage, water and sewer construction for 1988 Annexation Area 8C: Heritage Place and Cliffdale Road, Engineering Project No. B08-381-89. (Public Hearing was held on November 20, 1989.) Councilmember Cheek asked what the time schedule is on this work. Mike Walker stated that a bid opening was February 27 and completion of all work including clean up items is scheduled for August 31, 1990. Bids received were as follows: *Frank Horns Construction, Inc. $1,125,921.84 Central Builders, Inc. 1,159,731.50 T. A. Loving Company 1,165,739.85 City estimate - $1,144,918.09 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 Frank Horne Construction, 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 Frank Horne Construction, 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 add the Mayor and City Clerk are hereby authorized and directed to execute said contract on behalf of the City of Fayetteville, North Carolina. Councilmember Cheek moved to award the contract to the low bidder as recommended, seconded by Councilmember Ross and carried unanimously 9 to 0. 2U. Approval of extension of lease agreement between City of Fayetteville and Abiding Word Fellowship for use of the Anderson Street Library Building. Councilmember Cheek asked for the time frame for this extension. Mr. Smith responded that it was 90 days. Councilmember Cheek moved to approve the extension of the lease as recommended, seconded by Councilmember Bolton and carried unanimously 9 to 0. 3. Public Hearings: Mayor Dawkins read the policy for the time limit on public hearings. A. Consideration of adoption of a resolution for the construction of a sanitary sewer collection system into the following annexed streets: Ireland Drive Crestview Drive Village Drive Welmont Drive Brentwood Drive Dellwood Drive Westhill Drive Glenridge Road This item was presented by Assistant City Engineer Walker stating this public hearing has been duly advertised and all property owners affected have been notified by letter. The public hearing was opened at 7:16 p.m. There was none to speak in favor or against this item. Mr. Al Wagoner, 1806 Ireland Drive, asked which side of Ireland Drive would be the easement to the sewage. Henry Powers of PWC stated that parts would be on both sides and the sewer easement would be on the school side in the first block. Mr. Wagoner then stated that he would not oppose it. The public hearing was closed at 7:19 p.m. FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM INTO IRELAND DRIVE, VILLAGE DRIVE, BRENTWOOD DRIVE, WESTHILL DRIVE, CRESTVIEW DRIVE, WELMONT DRIVE, DELLWOOD DRIVE, AND GLENRIDGE ROAD. RESOLUTION NO. R1990-37. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously 9 to 0. B. Consideration of the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located west of Plantation Road Extension, south of Grafton Avenue. (P89-158) This item was presented by Al Mitchell stating the public hearing was advertised and property owners were notified. The Planning Board recommends denial of the request to rezone based on the 1971 Land Use Plan calling for low density residential development at this location. Councilmember Ross asked Mr. Mitchell when was the last request for changing R10 or R5 property to R6 for the purpose of erecting a tower. Mr. Mitchell responded it was in 1974 on Rosehill Road and it was already zoned R6 at the time. We had no provisions in the zoning ordinance for radio or TV transmission towers in a residential area at that time. The ordinance was amended to allow these towers in residential districts with a Special Use Permit. The staff recommendation at that time was to allow this to be permitted in all residential districts but the City Council recommended that it only be placed in the R6 Residential District. Ms. Ross then asked if we have looked at the Special Use Permit policy since the FCC deregulation. Mr. Mitchell responded this had not been done. Ms. Ross then asked if the land in question is suitable for residents and Mr. Mitchell responded it could be made suitable. Ms. Ross asked if this was a joint request for changing the zoning. Mr. Mitchell stated that there was a request for a Special Use Permit to go before the Planning Board tomorrow night, but the zoning case needs to be taken care of before the Special Use Permit is heard by Council. Ms. Ross then asked to what extent the Planning Staff researched the site. Mr. Mitchell stated that they do a background study which includes all the rezone cases in that particular area and all the plans that have been done for that area. Ms. Ross then stated there had been some concern by the community to resist the R6 zoning in the area but have no objections to the radio antenna, so how does he recommend protecting the community's interest. Mr. Mitchell stated his personal opinion would be to amend the City Code to allow for radio transmission towers in all residential zones under the Special Use Permit provision. Mr. Mitchell stated that there is a valid protest petition which will require a vote of 7 members of Council to rezone this area. Councilmember Bolton asked Mr. Mitchell what staff found when they reviewed the land use and zoning changes. Mr. Mitchell responded that in 1982 the property just to the right of the area in question tonight, requested an R6 zoning. Staff recommended denial and Council denied the request. The public hearing was opened at 7:27 p.m. Appearing in favor was Mr. J. B. Rouse, 1300-C Pamalee Drive, representing WIDU radio. He gave a history of the radio station and stated they need to relocate their tower in order to upgrade their station. Mr. Rouse stated that their investigation of the land showed that it was used as a dumping site for building materials, wrecked cars and trees, and they feel it would not be suitable for residential use. They feel they will take a valueless piece of land and make something out of it. They feel this would be the highest and best use for this land. Mr. Rouse presented 69 signed letters of approval of the rezoning from area residents. Mr. Rouse stated they have 7,000 names from community people in favor of the rezoning. Councilmember Kendrick asked Mr. Rouse of the safety conditions of the tower. Mayor Dawkins requested that any discussion concerning the Special Use Permit be withheld at this time. Councilmember Torrey asked Mr. Rouse the dollar amount of improvement to the property. Mr. Rouse responded approximately $100,000, including the tower. Mr. Rouse asked those that were in favor of this rezoning in the audience to please stand. There was approximately 100 people to stand and Mr. Rouse stated there were approximately the same amount down stairs. Also appearing in favor was Reverend Lawrence E. Johnson, 3212 McCohan Drive, and pastor of the John Wesley United Methodist Church. He stated that WIDU has made a positive impact in this community and they are requesting to continue this. Mrs. Ann McDuffie, 3301 Plantation Road, stated she is an adjoining property owner and is in favor of the rezoning for personal reasons. Appearing in opposition were the following: Mr. Cosmas Eaglin, 312 Wedgewood Drive, stating he represented 132 petitioners against this spot zoning. Mr. E. H. Phillips, 3002 Wedgewood Drive, stated he is an adjoining property owner and is not opposed to the radio station but is opposed to the rezoning. Mr. William Klaiber, property owner of 511-A through 523-B Grafton Avenue, stating that the property in question is behind his property and feels that this will do nothing to improve the community but be a deterrent. They feel it will not improve the value of the property. Mr. Klaiber submitted a petition with over 130 names of residents opposed to this rezoning and most of whom are downstairs at this time. He then asked those in the audience that actually live in the area to stand, and there were approximately 4 people to stand. He stated the rest were downstairs. Mr. Odis Devane, 3122 Wedgewood Drive, stated he was not opposed to the radio station but he was opposed to the rezoning. Mrs. Hattie Odom, Mandalay Drive, stated she has lived in the area in the past and owns adjoining property. She stated she is representing property owners in the area and they are also not opposed to the radio station, but are concerned with the value of life in the neighborhood. Mr. Albert Holcombe, 529 Grafton Avenue, supplied a petition with 134 signatures that had been presented to the Planning Board previously. Appearing in rebuttal was Mr. Rouse stating that 14 names that were on the petition opposing the rezoning have changed their minds and are included in the letters he presented tonight that are in favor. Mr. Rouse addressed the question of it being a spot zoning and stated they are not changing it from residential to commercial so he feels this does not fall under spot zoning. Mr. Rouse stated that Mr. Phillips, who appeared in opposition to the rezoning, had previously applied for an R6 rezoning and been denied. Mr. Rouse added that the towers are 200 feet or less and would not be a major construction on the site. He further stated this rezoning would allow them to eliminate an eyesore and a hazardous location. The public hearing was closed at 8:08 p.m. Councilmember Kendrick asked Mr. Mitchell how many apartments could be placed on this property in an R6 zoning and if water and sewer is extended to this property. Mr. Mitchell responded that there could be approximately 32 units put on this location and water and sewer can be extended but does not exist at this time. Councilmember Bolton asked Mr. Mitchell if the land would be suitable for residential use. Mr. Mitchell stated that the land would have to be suitable for a tower if it were put there and could be suitable for other structures as well. Councilmember Ross asked Mr. Mitchell if there was a danger of radon coming from the materials under the ground in that area. Mr. Mitchell responded he was not familiar with radon. Councilmember Cheek asked Mr. Mitchell if this property is being used as a dump site now. Mr. Mitchell responded that he has seen junk on it but it is not being used as a dump site. Mrs. Cheek also asked for a clarification on the term used by the Planning Board of “established residential neighborhood". Mr. Mitchell responded that in this case, the traffic has to flow through the single-family area. Even though there is multi-family units in there, it's all done to the R10 standards. The traffic has to flow past that and past the school to get there. Mrs. Cheek asked if the street would have to be widened to handle the traffic and Mr. Mitchell responded this was a possibility. Councilmember Bolton asked Mr. Mitchell about the spot zoning because he felt in looking at the map it would create an R6 island within the R10 zoning. Mr. Mitchell responded that in his personal opinion, this would be spot zoning and possibly giving an advantage to a piece of property that others in that area won't enjoy. At this time Mayor Dawkins stated he had spoken by telephone with City Attorney Cogswell this afternoon and Mr. Cogswell related to him that if spot zoning was injected into the discussion or public hearing, he requested Council delay decision until he could listen to the tape of the meeting and study the situation. Councilmember Bolton moved to postpone action on this item for one week to the March 26 meeting, seconded by Councilmember Robertson and carried 7 to 2 with Councilmembers Torrey and Ross voting against. C. Consideration of petition for a street name change to change “Dwirewood Drive" to “Brightwood Drive". This item was presented by Al Mitchell stating that it was an advertised public hearing, notices were sent and the request is by petition. The public hearing was opened at 8:32 p.m. and there was none to speak in favor of the name change. Appearing in opposition was Lilia Vazquez, 418 Dwirewood Drive, stating that of the nine people signing the original petition, six have rescinded and are now opposed. She stated that 15 of the 19 residents were in opposition of this name change. Ms. Vazquez presented a petition to the City Clerk. There being none further to be heard on this matter, the public hearing was closed at 8:34 p.m. Councilmember Kendrick moved to deny the renaming request, seconded by Councilmember Ross and carried unanimously 9 to 0. Councilmember Bolton was excused from the meeting at 8:35 p.m. D. Consideration of adoption of resolution for the construction of a drainage improvement crossing Lot 1, T.M. Hunter property, on the north side of Silk Lane. This item was presented by Assistant City Engineer Walker stating this request was submitted by the McNair family, who are the current owners of the Hunter property. This is an advertised public hearing, property owners have been notified, and he recommends adoption of the resolution. Councilmember Ross asked Mr. Walker if this would be an expense to the property owner. Mr. Walker responded that in accordance with the current policy, the property owner will be required to pay 50 percent of the construction and the City will bear the other 50 percent. Councilmember Cheek asked if there was an estimated cost and Mr. Walker responded that the total in-place estimate is $7,200. The public hearing was opened at 8:39 p.m. and there being none to speak in favor or against this matter, the public hearing was closed. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN. RESOLUTION NO. R1990-38. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, 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 R1990. 4. PWC Matters: A. Consideration of bid award for purchase of 200,000 feet 1/0 Underground Aluminum Cable to Mill Power Supply Company, low bidder meeting specifications. This item was presented by PWC Manager Wood stating there was a lower bidder, however because of past experience with problems they have experienced with underground cable they are recommending the lowest bidder meeting specifications. The bids received were as follows: Mill-Power Supply Company $311,600.00 Tennessee Valley Electric 316,000.00 Power & Telephone Supply Co. 323,800.00 Rigby Electric Supply Co.q 332,800.00 *Westinghouse Electric Supply Co. 305,000.00 *Bidder did not meet specifications Mayor Pro-Tem Evans moved to award the contract to Mill-Power Supply Company as recommended, seconded by Councilmember Pillow and carried unanimously 8 to 0. B. Consideration of bid award for purchase of one (1) 33,000 lbs. 4x2 Cab and Chassis, and one (1) 33,000 lbs. 4x4 Cab and Chassis to LaFayette Ford, low bidder meeting specifications. This item was presented by PWC Manager Wood stating that the low bidder did not meet specifications and due to the importance of this item, he recommends the contract be awarded to the lowest bidder meeting specifications. The bids received were as follows: LaFayette Ford $ 71,996.00 North State Ford 72,080.00 Patrick Ford 72,275.00 *Stout International 71,443.27 *Bidder did not meet specifications Councilmember Ross moved to award the contract to LaFayette Ford, lowest bidder meeting specifications, in the amount of $71,996 as recommended, seconded by Councilmember McBryde and carried unanimously 8 to 0. 5. Appearance by Marie Presler, Volunteer Director, Cumberland County Handicapped Outreach Center, to discuss handicapped transportation. Mrs. Presler requested $2,500 for a 1980 Ford handicapped equipped, fifteen passenger bus through the Outreach Center. Mrs. Presler stated they would furnish the drivers and insurance and make the bus available seven days a week. Mayor Dawkins asked City Manager Smith if he had any comment on the situation. Mr. Smith responded that he was not familiar with her request and recommended that it go through staff, such as Transit Director Jerome Brown, before Council took action. Mayor Pro-Tem Evans moved to have staff investigate this request and report at the next week's meeting, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 6. Consideration of resolution confirming assessment roll and levying assessments for paving, drainage, and sanitary sewer for Anarine Road. (Continued from February 20, 1990 meeting. Council action needed.) Mr. Walker presented this item stating that the Engineering Department checked the paving that was questioned by Mrs. Willoughby at the last meeting and they found a three-foot difference in the length of paving, reducing it from 45.51 feet to 42.51 feet and a reduction in the assessment roll of $12. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1990-39. Mayor Pro-Tem Evans moved to adopt the foregoing resolution, seconded by Councilmember Ross and carried unanimously 8 to 0 at 8:52 p.m. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1990. 7. Consideration of award of contract to low bidder, State Utility Contractors, Inc., in the amount of $604,475.50, for water and sewer construction for Annexation Area 10: Evergreen, Engineering Project No. 09-381-89. This item was presented by PWC Manager Wood stating that this had no city improvements at this time and required PWC to put in water and sewer. He is recommending approval of the award to the low bidder. The bids received were as follows: *State Utility Contractors, Inc. $604,475.50 C.K. Andrews Contracting Co., Inc. 631,840.65 Carlyle Contractors, Inc. 633,357.00 City estimate $563,580.95 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 State Utilities Contractor 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 State Utilities Contractor 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 McBryde moved to award the contract as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0. PWC Manager Wood was excused at this time. 8. Consideration of amendment of Section 5-17 to permit alcoholic beverages in the proposed Botanical Garden. This item was presented by City Manager Smith stating that the revision to the City Code would permit receptions, fund-raising events or other activities conducted by non-profit organizations at the Botanical Garden. This will also eliminate having to get each function approved individually that is held at the Arts Center. Councilmember Kendrick stated he felt that all functions at parks and City property should be treated the same. Mr. Smith responded that this would be dealing with long-term leases rather than short-term functions. AN ORDINANCE AMENDING SECTION 5-17, “CONSUMPTION OF INTOXICATING LIQUORS" OF THE FAYETTEVILLE CITY CODE OF ORDINANCES. ORDINANCE NO. S1990-3. Councilmember Robertson introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried 6 to 2 with Councilmembers Ross and Kendrick voting against. 9. Consideration of approval of Lease Agreement between City of Fayetteville and Friends of the Botanical Garden. This item was presented by City Manager Smith recommending approval. Mayor Pro-Tem Evans moved to approve the lease of the Pope Park to Friends of the Botanical Garden, seconded by Councilmember McBryde and carried unanimously 8 to 0. 10. Report from Streets, Roads and Transportation Committee A. Consideration of revisions to Fayetteville City Code, Section 20-106, Traffic Schedule Number 8 - Speed Control - 45 Miles Per Hour Speed Limits - Bragg Boulevard and Ramsey Street This item was presented by Traffic Engineer Chalmers stating their studies indicate that the 85% speed on Bragg Boulevard between Glenville Avenue and Ames Street is between 44 and 47 miles per hour. He further reported that five to ten years ago, NCDOT changed that facility from a six-lane facility with a median to the current seven lane facility with a left turn lane. Prior to that, there had been an accident experience in portions of this roadway, but since that time, this accident experience no longer exists. Mayor Dawkins then recognized Mr. Billy R. Kiser who had previously requested to speak to Council on this matter. Mr. Kiser of 922 Westmont Drive stated he has lived there 14 years. He presented a petition with more than 350 signatures from those opposed to the increased speed limit on Bragg Boulevard. They feel an increase in the speed limit would create a hazard in the center turning lane, especially on hills. Mayor Pro-Tem Evans moved to make no change in the speed limit on Bragg Boulevard, seconded by Councilmember McBryde and carried unanimously 8 to 0. At this time, Councilmember Robertson referred to the minutes of the Streets and Roads Committee, which had included Raeford Road in the speed limit review. He stated he believes that by lowering the speed limit on Raeford Road between Robeson Street and the City Limits, there will be fewer traffic accidents and less property and personal injury. Mr. Robertson stated he has a petition with several names requesting NCDOT to examine Raeford Road for a reduction in the speed limit. Traffic Services Director Chalmers responded he had discussed this matter with the local NCDOT staff and they indicated they would not support reduction of the speed limit there based on the observed travel speed in the area. Councilmember Robertson moved to officially request NCDOT to examine the speed limit on Raeford Road, seconded by Councilmember McBryde. Following some discussion, the motion carried unanimously 8 to 0. Mayor Dawkins next referred to the consideration of speed limit on Ramsey Street near Methodist College from the Streets and Roads Committee Report. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (RAMSEY STREET). ORDINANCE NO. NS1990-12. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross. Mrs. Ross asked for Mr. Chalmers report. He reported that the observed travel speed from Longview Drive to McArthur Road is 54 miles per hour, with a high number of accidents reported. Therefore, they are recommending reduction of speed limit to 45 miles per hour and NCDOT has indicated they will support this. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1990. Councilmember Cheek also referred to the minutes of the Streets and Road Committee concerning a traffic signal at Methodist College and moved to request NCDOT investigate a signal light at Methodist College, seconded by Councilmember Pillow and carried unanimously 8 to 0. Mt. Chalmers requested a clarification on which location at Methodist College and Mrs. Cheek responded the entrance where they are doing the new driveway, which will become the prime driveway, up at the shopping center. 11. Consideration of the approval to begin the process of acquiring rights-of-way at the following streets: A. Sycamore Dairy Road at McPherson Church Road intersection Assistant City Engineer Walker presented this item stating that the only right-of-way for this road that was not dedicated is at the intersection and would come from the Right-of-Way Protection Bond Funds. Councilmember Pillow stated he felt this project should not come from the bond funds. Following some discussion, Mayor Pro-Tem Evans moved to authorize staff to check into acquiring rights-of-way, seconded by Councilmember McBryde and carried 6 to 2 with Councilmembers Pillow and Ross voting against. B. Ray Avenue from Maiden Lane to Rowan Street Mr. Walker presented this item stating these rights-of-way are needed to continue this project. They recommend approval of authorization to acquire rights-of-way. Councilmember Kendrick moved to follow the recommendation as requested, seconded by Councilmember McBryde and carried unanimously 5 to 0. 12. Consideration of revision to Fayetteville City Code, Section 20-106, Traffic Schedule Number 7 - One Way Streets - Pittman Street between Hay Street and Franklin Street. This item was presented by Traffic Engineer Chalmers with a recommendation to adopt the ordinance to be effective July 2. AN ORDINANCE AMENDING CHAPTER 20 MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1990-13. Councilmember Torrey introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1990. 13. Consideration of request for four-way stop at Fairfield Road/Millbrook Road and Thorncliff Drive. This item was presented by Traffic Engineer Chalmers who presented his report with a recommendation that Items 13 and 14 be presented and considered together since they are related, and in lieu of installing four-way stops at this location, that periodic enforcement be used to encourage driver obedience of the existing 35 mph speed limit. Following some discussion, Mayor Dawkins recognized Terry Ciszek, 2604 North Edgewater Drive, representing Van Story Hills Association of over 600 residents in the neighborhood, substituting for Steven Brown, who made the request. They were pleading for Council to install these four-way stop signs as a deterrent to the speed and make their area safer for those that walk and play. Mayor Pro-Tem Evans moved to reduce the speed limit to 25 mph and provide four-way stop signs for Item 13 and 14, seconded by Councilmember Cheek. Councilmember Kendrick stated he felt that since Council has adopted a policy for following the traffic manual this should be returned to Policy Committee. Councilmember McBryde stated that he agreed with Councilmember Kendrick and also felt that it should be a City-wide speed reduction rather than favoring one area. Mr. McBryde offered substitute motion to turn this matter over to the Policy Committee for City-wide speed reduction to 25 mph and possibly four-way stop signs, seconded by Councilmember Kendrick and carried 5 to 3 with Councilmembers Cheek, Robertson and Evans voting against. Councilmember McBryde set a Policy Committee meeting for March 29, 1990, at 7:30 p.m. in the Kyle House Conference Room. 14. Consideration of speed limit reduction in Vanstory Hills Area. 15. Consideration of a resolution directing the City Clerk to investigate a petition for annexation received under G.S. 160A-58.1. (Saratoga Farms, Section 1) RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-58.1. RESOLUTION NO. R1990-40. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried 6 to 2 with Councilmembers Torrey and Ross voting against. 16. Consideration of request from Fayetteville Human Services Commission for joint meeting with Fayetteville City Council. (Suggested meeting dates: April 12, 1990, or May 10, 1990.) Councilmember Cheek moved to meet jointly with the Human Services Commission on April 12, 1990, seconded by Councilmember Ross and carried unanimously 8 to 0. 17. Appointments: A. Nominations to fill two vacancies on Historic Resources Commission. Councilmember Robertson moved to elect by acclamation Mrs. Myrtice Coley to the Realtor, Developer or General Contractor category, seconded by Councilmember Cheek and carried unanimously 8 to 0. Councilmember McBryde nominated Wade Byrd, 1414 Raeford Road, and Councilmember Pillow nominated Stuart Kerr, 1428 Raeford Road to the category of Historic District Property Owner. B. Nominations to fill seven vacancies on the Human Services Commission. Council requested the City Clerk to check on the attendance and the willingness of those eligible to serve another term. 18. Administrative Reports: A. Report on response from Wachovia Bank & Trust Company concerning right-of-way for Water Street Council requested that the City Manager follow up regularly on this area. B. Report on results of Downtown Building Inspections Mr. Smith highlighted the report which showed initially 67 locations were inspected, 42 of which require no further action, 15 need to be secured, and notices are being prepared for this. Nineteen signs are obsolete and notices to remove these signs within 30 days have been mailed. At this point the most dilapidated buildings are 218 Franklin Street, 522 Hay Street, and several buildings on the southside of the 200 block of Hay Street, including the LaFayette Hotel. C. Statement of taxes collected for the month of February 1990, from the Cumberland County Tax Collector in the amount of $395,160.95. There being no further business, the meeting was adjourned at 10:20 p.m. upon motion and second. INFORMATION MEETING MONDAY, MARCH 26, 1990 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBERS MONDAY, MARCH 26, 1990 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Nat Robertson, Jr. (at-large): Milo McBryde (at-large), Tommy Bolton (District 1); Ida Ross (District 2), Joseph Pillow (District 3); Thelbert Torrey (District 4), Suzan Cheek, (District 5); and Councilmember Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger 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 Jimmy Teal, Assistant to the City Manager Mike Walker, Assistant City Engineer George Vaughan, City/County Planning Director Clark Dill, Director of Environmental Services Robert Barefoot, Director of Parks and Recreation Department Derek Williams, Landscape Architect Gretta Reese, HAIL Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE Mayor Dawkins called on Mr. Doyl Hubbard from the-audience to offer the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. Approval of Agenda City Attorney Cogswell requested to add Item 12 for extension of an agreement with Village Drive properties, which is Purdue/Cheselka Connector. Councilmember Kendrick moved to approve the agenda with the addition of Item 12 as recommended, seconded by Councilmember McBryde and carried unanimously by voice vote. 2. Consent Mayor Dawkins presented the consent agenda and asked if items should be removed before calling for action. There being none, Mayor Pro-Tem Evans moved to approve the consent agenda. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved. A. Set public hearing for April 16, 1990, to consider amendments and revisions to the City of Fayetteville Code of Ordinances by amending Chapter 32, Article XI, Section 32-75 “Cost to Applicant" to read as follows: each applicant for rezoning, either general or overlay, or special use permit, shall pay a fee in accordance with a schedule recommended by the Planning Board and adopted by City Council. Amending Chapter 27 “Subdivisions" by creating Article IV “Fees," Section 27-16 “fees" to read as follows: For each preliminary plat, final plat, each group development plan and each site plan as required under Chapter 32, Section 32-21.1(1) and (4) and Section 32-29 filed, the owner or agent of said property shall pay a nonrefundable filing fee to the Cumberland County Joint Planning Board in accordance with a fee schedule recommended by the Planning Board and adopted by the City Council. (P90-8) B. Set public hearing for April 16, 1990, to consider amendments and revisions to the Fayetteville Code of Ordinances, Article IV, Section 32-26 by creating the following: Section 32-26(8) Convalescent and Nursing Homes. (P90-26) C. Set public hearing for April 16, 1990, to consider amendments to Fayetteville Urban Area Thoroughfare Plan. D. Approval of Capital Project Ordinance Amendment Change 90-23. This amendment is necessary to show PWC as a revenue source for their portion (water and sewer) of an annexation contract involving Area 11 - East Fayetteville Motel Area in the amount of $118,625 to the street construction. 3. Consideration of the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located west of Plantation Road Extension, south of Grafton Avenue. (P89-158) (Continued from March 19, 1990) City Attorney Cogswell reported he had listed to the tape of the public hearing on March 19, 1990, and reviewed the spot zoning definition for Council. He stated the courts asked that we look at four factors which he displayed. Mr. Cogswell then reviewed the presentations of those in favor and those that spoke against this rezoning at the public hearing. He displayed a map of the Land Use Plan and stated the question to consider is if the uses in R6 are compatible with the area. Mr. Cogswell stated that given the definition of what the court said, he feels it would be illegal spot zoning if it was approved. Councilmember Ross moved to have the planning staff take immediate action to allow City Council to permit a Special Use Permit for a radio tower in an R10 zone, seconded by Councilmember Torrey. Mr. Cogswell recommended this motion be tabled until later in the meeting after the zoning matter had been decided. Councilmember Ross then requested to withdraw the motion and nosed to grant a Special Use Permit in R10 for the request to build radio towers and that this Special Use Permit be in accordance with the recommendation from our planning staff to direct our City Attorney to draw up appropriate guidelines for future requests for Special Use Permits that would make our City code in compliance with the recent court decision that spot zoning is illegal. Mr. Cogswell advised Ms. Ross that her original motion would cover the intent because the City Code already has the concept there. Mayor Dawkins ruled that he would table Ms. Ross' original motion until the zoning matter had been decided. Councilmember McBryde moved to deny the rezoning request, seconded by Councilmember Cheek and carried unanimously. Mayor Dawkins then recognized the original motion of Ms. Ross to have the planning staff take immediate action to allow City Council to permit a Special Use Permit for a radio tower in an R10 zone. Mr. Cogswell recommended that this be considered in all residential areas. Ms. Ross and Mr. Torrey amended the motion and seconded to include this recommendation. Following some discussion, Mayor Dawkins called for the vote and the notion carried unanimously. 4. Consideration of request by Marie Presler for $2,500 appropriation for handicapped van. (Requested appearance by Gretta Reese of HAIL) Ms. Gretta Reese, 1721 Bridger Street, representing members of Handicapped Associates for Independent Living (HAIL) in the old USO building on Ray Avenue. Ms. Reese gave some background information concerning her connection with HAIL and it's history including Marie Presler's position with HAIL as Secretary-Treasurer and ways and Means person. Ms. Reese closed by stating that Ms. Presler still has HAIL's records and money, and acquired a restraining order to keep HAIL members from the building. Mayor Dawkins thanked Ms. Reese for her presentation and recognized City Manager Smith. Mr. Smith stated that he was unaware of the nature of the request until it was presented at the last meeting, as far as funding. He stated this would fall under request for funding of an outside agency. Mr. Smith stated that Ms. Presler's request was for funding for a 15-passenger bus with the liability insurance being provided. Mr. Smith stated that since this request is for the purchase of a vehicle, he is recommending that we require additional information which will be reviewed by staff. Councilmember Bolton moved to deny the request by Marie Presler for $2,500 appropriation for a van for the handicapped, seconded by Councilmember Robertson and carried unanimously. 5. Report from Streets and Roads Committee: Consideration of approval of proposed resurfacing list. Mr. Smith stated the Streets and Roads Committee recommended removal of Douglas Street, Mechanic Street, and Alston Street and the addition of Broadell and Cascade Streets to the resurfacing list. Councilmember Bolton requested that Clearwater Drive be added to the list because it is in worse shape than some of the streets on the list and has become a thoroughfare. Mayor Pro-Tem Evans moved to accept the list of streets and to have Engineering Department get an estimate on paving Clearwater Drive. Motion was seconded by Councilmember Ross and carried unanimously. 6. Presentation of Site Development Plan for Linear Park. (Information item.) Mr. Smith stated this is an update on this project to be presented by Derek Church Williams of Landscape Architects. Mr. Williams presented color chart showing the Site Development Plan for Linear Park. He stated that an estimate of cost in segments will be presented at a later date. Councilmember Cheek requested that consideration be made or some playground equipment other places in the park. She also requested that the people who have been contacted concerning easements be made aware that we are still interested. There was some further discussion and Council took no action. 7. Presentation of skateboard facility proposal. (Information item.) Mr. Smith stated that Council needs to consider if the City wants a skateboard facility and if so where it should be located. Parks and Recreation Director Barefoot presented his report of findings and recommended using Rowan Street Park tennis courts for the ramp because these courts are used less and there would be minimum cost in making it adaptable. He also recommended adult supervision. Mr. Barefoot stated that other facilities could be considered also, including contacting the Teen Center Board. A petition opposing the closing of the public tennis courts at Rowan Street Park was presented to the City Clerk. There was some discussion by Council concerning insurance, cost estimates for construction and staff person to be assigned. Councilmember McBryde moved to eliminate the Rowan Street Park from consideration and check into Lamon Street and Caps Fear Teen Center for alternate sites and cost estimates. Motion was seconded by Councilmember Cheek and carried 7 to 2 with Councilmembers Evans and Ross voting against. Mayor Pro-Tem Evans was opposed to excluding any particular park. 8. Discussion of Cablevision Franchise. (Information item.) City Manager Smith presented this item and reviewed the contents of the franchise which began as a 20-year franchise in 1971 with extensions to the year 2001. Following his report he recommended that they ask Cablevision to come to another meeting for an update of where they are on the franchise and what their future plans are. Council was in agreement. 9. Presentation of update of the following major capital projects: (Information item.) A. Bond projects City Manager Smith presented a report in the packet and stated that the bond referendum approved by the voters in November 1966 authorized to sell general obligation hours totaling $17,045,000. We sold $14,500,000 as a result of our March 1987 ($4,300,000), June 1988 ($4,200,000), and April 1989 ($6,000,000) bond sales, leaving $2,545,000 yet to be sold. All bonds authorized must be sold (issued) within seven years after the bond order takes effect. The report presented in the agenda packet provides an overview of the status of the City's bond funds. Mr. Smith suggested a Sunday afternoon bus tour to view the major capital projects. One of the projects that was discussed was the Cain Road project. Mr. Smith stated that because of the extensive work that will have to be done on the Clark Pond dam. The projected completion date for the entire project has been extended from Spring of this year to the end of this calendar year. Following some discussion, Councilmember McBryde moved to have a traffic light installed at Cain Road/Rogers Drive intersection as soon as possible seconded by Councilmember Bolton and carried unanimously. B. Morganton Road sidewalks City Manager Smith stated it has been the policy and practice of the City to construct new sidewalks along the edge of the street right-of-way for several reasons. Since there is considerable variance in right-of-way Morganton Road, Council may want to consider setting a uniform setback for this project of seven or eight feet. This would reduce the number of complaints about the project. Following some discussion Mayor Pro-Tem Evans moved to go three feet from the curb with a four-foot sidewalk, seconded by Councilmember Cheek. Councilmember McBryde offered substitute motion to not put sidewalk on Morganton Road on the north side unless petitioned, seconded by Councilmember Ross and carried 7 to 2 with Councilmembers Cheek and Evans voting against. Councilmember Robertson asked the Policy Committee to check into the possibility of having developers include sidewalks into development plans of their neighborhoods. Mr. Smith stated he had nothing to add to the reports furnished in the agenda packets for Items C, D, and E. C. Park projects D. Farmers Market E. Train Station 10. Discussion of garbage and trash collection schedules. Mr. Smith stated that as a result of new landfilled regulations and charges, he is recommending selecting one or more neighborhoods for a 60-90 day pilot program followed by a survey. He is requesting Councils approval to select a representative neighborhood and begin the necessary steps to implement a pilot project. No additional costs would be involved except for some additional printing and postage. Councilmember Cheek requested a survey from the affected citizens be made to include suggestions also. Following some discussion by Council, Mayor Pro-Tem Evans moved to proceed with the recommended pilot program, seconded by Councilmember Bolton and carried unanimously by voice vote. 11. Discussion of four-year City Council terms. (Information item.) City Attorney Cogswell reviewed the information supplied in the agenda packet stressing that if Council adopts a resolution of intent to consider an ordinance amending the charter, the resolution should describe the proposed charter amendment in detail. At the same time, the resolution of intent is adopted, a public hearing should be set to be held not more than 45 days after adoption of the resolution. Mr. Cogswell also suggested that all the steps be taken care of before 1991 because of having to submit it to the Department of Justice. Following some discussion, Mayor Dawkins requested a show of hands for putting this item on the next Council meeting agenda. The six Councilmembers voting in favor were: Councilmembers Robertson, Pillow, Kendrick, Torrey, Ross, and Bolton. 12. Extension of an agreement with Village Drive properties. City Attorney Cogswell stated that a year ago, Council entered into an agreement with the Clark family on the Purdue/Cheselka Connector, which eliminated the need for condemnation proceedings. This agreement was extended for 90 days because the project was incomplete. Mr. Cogswell is requesting Council to make another 90-day extension. Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember Ross and carried unanimously. There being no further business, the meeting was adjourned at 10:22 p.m. upon motion and second. REGULAR MEETING MONDAY, APRIL 2, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS MONDAY, APRIL 2, 1990 7.00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); and Councilmember Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger 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 Robert Bennett, City Engineer Tim Wood, PWC Manager Tom Ray, Airport Manager Al Mitchell, Assistant City/County Planning Director Duke J. Piner, Fire Chief Mike Pleasant, FAEDC Danny Fore, PAEDC Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend David Chamberlain, St. John's Episcopal Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. City Manager Smith requested that the addendum to the agenda packet be added to the agenda for Public Works as Item 3A. 1. Approval of Agenda Councilmember Bolton moved to approve the agenda with the addendum of Item 3A, seconded by Councilmember Ross and carried unanimously. 2. Consent Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Torrey requested to pull Item 2D for discussion and Councilmember Cheek requested to pull Item 2E for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of Items 2D and 2E. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved: A. Approval of Tax Refunds. 1. Tax Refund in the amount of $164.93 to Johnny T. Allen for clerical error - amended statement submitted correcting cost figures. 2. Tax Refund in the amount of $9.93 to Reba I. Axtell for clerical error - adjusted value - part of driveway charged incorrectly. 3. Tax Refund in the amount of $151.61 to James A. Beyer for clerical error - did not own 1982 Jaguar. 4. Tax Refund in the amount of $29.73 to Laura Buchholtz for illegal tax - military exempt. 5. Tax Refund in the amount of $37.15 to Paul M. Carter for clerical error - 1985 Ford Van double listed. 6. Tax Refund in the amount of $206.59 to Church-Heritage, Inc. for clerical error - free-standing canopy double listed. 7. Tax Refund in the amount of $32.82 to Cohen and Green Salvage Company, Inc. for clerical error - charged with wrong value. 8. Tax Refund in the amount of $63.76 to James R. Dalby for clerical error - 1985 BMW and 1986 trailer valued incorrectly. 9. Tax Refund in the amount of $39.88 to Robert L. Dalton for illegal tax - military exempt. 10. Tax Refund in the amount of $35.42 to Randall Dolinger for illegal tax - military exempt. 11. Tax Refund in the amount of $17.40 to Richard T. Droney for clerical error - did not own 1983 Nissan. 12. Tax Refund in the amount of $227.49 to Eastern Federal Corporation for clerical error - parcel value adjusted by NC Property Tax Commission Decree. 13. Tax Refund in the amount of $166.13 to Samuel E. Edwards for clerical error - tax situs of personal property outside- Cumberland County. 14. Tax Refund in the amount of $17.27 to Fred E. Evans for illegal tax - military exempt. 15. Tax Refund in the amount of $20.19 to Patricia Ferguson for clerical error - 1988 Volkswagon valued incorrectly. 16. Tax Refund in the amount of $24.54 to Phillip W. Gaddy for clerical error - 1982 utility trailer charged as a boat trailer. 17. Tax Refund in the amount of $117.05 to Dennis E. Grow for illegal tax - military exempt. 18. Tax Refund in the amount of $51.94 to John C. Henderson for clerical error - 1981 Toyota, 1986 Toyota, and 1969 Ford incorrectly charged. 19. Tax Refund in the amount of $2.11 to Lyle C. Hall for clerical error - did not own 1976 Ford Stat ion Wagon. 20. Tax Refund in the amount of $63.24 to Elizabeth Hill for clerical error - failed to receive elderly exclusion. 21. Tax Refund in the amount of $72.88 to Sue H. Hobgood for clerical error - did not own 1986 Lincoln. 22. Tax Refund in -the amount of $22.95 to Thomas L. - Holloway for clerical error - charged with incorrect model of airplane. 23. Tax Refund in the amount of $13.18 to Robert E. Jorgensen for - clerical error --charged with 1980-Dodge in error. 24. Tax Refund in the amount of $16.37 to Janie M. Mack illegal tax - military exempt. 25. Tax Refund in the amount of $83.54 to Frank P. McGwier for clerical error - billed in wrong tax district. 26. Tax Refund in the amount of $33.08 to Willie Murchison for clerical error - house was razed in 1985. 27. Tax Refund in the amount of $370.45 to NCR Finance Division for clerical error - amended statement. 28. Tax Refund in the amount of $6.06 to Brunel B. Northern for clerical error - did not own 1975 Mercury. 29. Tax Refund in the amount of $248.20 to Richard E. Reames for clerical error - billed in wrong tax district. 30. Tax Refund in the amount of $7.71 to Roadway Package System, Inc. for clerical error - tractor incorrectly listed. 31. Tax Refund in the amount of $27.93 to Raymundo Sanchez for clerical error - did not own 1985 Ford. 32. Tax Refund in the amount of $10.54 to Vivian Smith for clerical error - 1970 Chevy valued incorrectly and 1974 Travel Trailer incorrectly charged. 33. Tax Refund in the amount of $105.61 to Phillip Theobald for illegal tax - military exempt. 34. Tax Refund in the amount of $637.94 to US Lodging of Fayetteville for clerical error - charged with wrong value for property. 35. Tax Refund in the amount of $1,074.91 to Vause Equipment Company, Inc. for clerical error - charged with wrong value. 36. Tax Refund in the amount of $249.70 to Muriel R. White for clerical error - house was razed in 1985. 37. Tax Refund in the amount of $27.15 to Thomas R. Williams for clerical error - 1985 Chevy incorrectly charged. 38. Tax Refund in the amount of $11.39 to Orbia L. Wilton for clerical error - 1977 Travel Trailer double-listed. B. Approval of the rezoning from C1 Local Business District to M2 Industrial District or to a more restrictive zoning classification for an area located at 529 Hillsboro Street. (P90-24) C. Adoption of Budget Ordinance Amendment Change 90-10. To transfer monies from City Manager's department to Governing Body Department to cover City Clerk's advertising expenses for the remainder of the year in the amount of $10,000. 2D. Approval of purchase of property adjacent to the Fayetteville Regional Airport. Councilmember Torrey asked if the life residency recommendation for Mr. Scott was a regular occurrence. Airport Manager Ray responded that Mr. Scott was in his mid- to late- 70's and it would prove a hardship to relocate him at this time. Mr. Ray stated that the FAA is agreeable to this recommendation. Cost per participating agency is as follows: Federal Aviation Administration 90% $35,100 State 5% 1,950 City 5% 1,950 Total Cost 39,000 Councilmember Torrey moved to approve the purchase as recommended, seconded by Councilmember Pillow and carried unanimously by voice vote. 2E. Approval of proposed municipal agreement with N.C. DOT for widening of Cliffdale Road (SR1400) from east of Reilly Road to west of All American Expressway. Councilmember Cheek asked to see the project as located on the map and asked if there will be sidewalks installed by the State at the time of widening. Mr. Bennett responded that the State will build sidewalks at a 100 percent cost to the City and that we usually do sidewalks after completion of the road widening by the State. A motion was made by Councilmember Cheek, seconded by Councilmember Ross for the adoption of the following resolution, and upon being put to a vote was dully adopted: WHEREAS, the North Carolina Department of Transportation has prepared and adopted plans to make certain street and highway improvements within this Municipality under Project U-2103D, Cumberland County, said plans consisting of the construction of Cliffdale Road (SR 1400) from east of Reilly Road (SR 1403) to west of All American Freeway (SR 1007) in Fayetteville; and, WHEREAS, said Department of Transportation and this Municipality propose to enter into an Agreement for the above-captioned project whereby this Municipality agrees. (1) to effect the necessary adjustment of any utilities under franchise without cost to the Department of Transportation, and (2) to provide for the adjustment of any municipally-owned utilities without cost to the Department of Transportation, except that said Department will reimburse this Municipality in accordance with said Department's Municipally-Owed Utility Policy; and, WHEREAS, said Department of Transportation agrees to acquire the right of way and construct the project in accordance with the approved project plans; and, WHEREAS, this Municipality agrees to reimburse the Department of Transportation to the extent of 15 percent of the cost of the right-of-way for the project with reimbursement to be made in three (3) equal annual installments to begin thirty (30) days after the project is placed under contract for construction by the Department. WHEREAS, the Agreement will further provide for the establishment, maintenance, and enforcement of traffic operating controls for the regulation and movement of traffic on the project upon its completion. NOW, THEREFORE, BE IT RESOLVED that Project U-2103D, Cumberland County, is hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. 3A. Consideration of purchase of Montclair and LaGrange Water Company (PWC). This item was presented by PWC Manager Wood. Mr. Wood stated that the Commissioners voted to pay $225 for each water service in place. At the present time, there are 7,860 services which reflects the value of $1,768,600. Mr. Wood stated this will increase PWC Water System by 37 percent. Most of the area is located in the future annexation area. Councilmember Kendrick moved to authorize PWC to go into negotiations and contract settlement for LaGrange and Montclair Water Works as presented, seconded by Councilmember Ross and carried unanimously. Mr. Wood stated that the Montclair Water System will donate to PWC a sanitary sewer distribution system serving approximately 3,700 customers. It is estimated that the replacement value of the system is in excess of $3.500,000. The current owners will petition the North Carolina Utilities Commission for permission to transfer ownership. Mayor Pro-Tem Evans moved to gratefully accept the offer by the Riddle family for the donation of the sanitary sewer distribution system, seconded by Councilmember Bolton and carried unanimously. 3. Appearance by Mike Pleasant and Danny Fore, representing Fayetteville Area Economic Development Corporation. Mr. Pleasant and Mr. Fore presented a brief report on the current activity that was broken down into three projects and included in the agenda packet: 1. Project Activity 2. Continuing Promotional Activity 3. Major Projects They concluded by stating that they encouraged Council to continue supporting the quality of life in this area to entice people to relocate to our community. 4. Consideration of approval of Supplemental Agreement No. 16 with Wilbur Smith Associates for improvements at Fayetteville Regional Airport. This item was presented by Tom Ray stating that the major factors included in this agreement are as follows: 1. Environmental assessment for the 301 Connector Road, cost $105,700. 2. The building of a fire training facility. Engineering will be in the amount of $318,074 and construction is estimated at $1,325,000 for a total cost of $1,643,074. This cost will be a “not to exceed" amount for engineering and architectural services. Some items of this work are estimated, such as surveying, inspections, testing, etc. An additional contingency item of $5,000 for assistance and/or accounting in the overall grant for land purchases is a maximum amount, if needed. Mr. Ray stated that he and the Airport Commission recommend approval of the supplemental agreement. Mayor Pro-Tem Evans moved to follow the recommendation, seconded by Councilmember Pillow and carried unanimously. 5. Consideration of request from Dr. Franklin S. Clark to change location of proposed sidewalk construction along Purdue Drive from the west side to the east side. This item was presented by City Engineer Bennett who recommended approval of the request. Following some discussion, Councilmember Bolton moved to approve the request, seconded by Councilmember Ross and carried unanimously. 6. Consideration of adoption of ordinance creating a new Article III, “Hazardous Materials and Substances: of Chapter 12. Fire Protection and Prevention of the Fayetteville City Code of Ordinances. This item was presented by City Manager Smith recommending adoption of the ordinance. AN ORDINANCE CREATING A NEW ARTICLE III, “HAZARDOUS MATERIALS AND SUBSTANCES" OF CHAPTER 12, FIRE PROTECTION AND PREVENTION. ORDINANCE NO. S1990-4. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1990. 7. Consideration of adoption of Resolutions of Intent to annex property owned by the City which is contiguous to the existing municipal boundaries (Pursuant to N.C.G.S. 160A-31(g)). (Recommended public hearing date is May 7, 1990.) A. Airport - Tract W-1 B. Airport - Tract W-2 C. Airport - Tracts W-3, W-4, W-5, W-6, W-7, and W-10 D. Airport - Tract W-S E. Airport - Tract 21 A RESOLUTION STATING THE INTENT OF THE CITY COUNCIL TO ANNEX PROPERTY OWNED BY THE CITY WHICH IS CONTIGUOUS TO THE EXISTING MUNICIPAL BOUNDARIES (AIRPORT-TRACT W-1). RESOLUTION NO. R1990-41. A RESOLUTION STATING THE INTENT OF THE CITY COUNCIL TO ANNEX PROPERTY OWNED BY THE CITY WHICH IS CONTIGUOUS TO THE EXISTING MUNICIPAL BOUNDARIES (AIRPORT-TRACT W-2). RESOLUTION NO. R1990-42. A RESOLUTION STATING THE INTENT OF THE CITY COUNCIL TO ANNEX PROPERTY OWNED BY THE CITY WHICH IS CONTIGUOUS TO THE EXISTING MUNICIPAL BOUNDARIES (AIRPORT-TRACT W-3, W-4, W-5, W-6, W-7, and W-10). RESOLUTION NO. R1990-43. A RESOLUTION STATING THE INTENT OF THE CITY COUNCIL TO ANNEX PROPERTY OWNED BY THE CITY WHICH IS CONTIGUOUS TO THE EXISTING MUNICIPAL BOUNDARIES (AIRPORT-TRACT W-8). RESOLUTION NO. R1990-44. A RESOLUTION STATING THE INTENT OF THE CITY COUNCIL TO ANNEX PROPERTY OWNED BY THE CITY WHICH IS CONTIGUOUS TO THE EXISTING MUNICIPAL BOUNDARIES (AIRPORT-TRACT 21). RESOLUTION NO. R1990-45. Councilmember McBryde introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Ross and carried unanimously. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1990. 8. Report from Policy Committee. The recommended policy is as follows: Residential Speed Limits It is hereby declared to be the policy of the City that the standard speed limit in residential areas is 35 mph. City Council will consider lowering the speed limit on a residential street to 25 mph upon receipt of a petition of a majority of the residents along a street. Upon receipt of petition containing signatures of a majority of residents living along the entire length of a street or entire section of a street between two thoroughfares or entire section between a thoroughfare and dead-end, the City Council will set a date for a public hearing on the question of reducing the speed limit from 35 mph to 25 mph. After said public hearing, City Council may reduce the speed limit on said street by ordinance. This policy does not apply to major and minor arterial streets as identified in the City's thoroughfare plan. Councilmember McBryde moved to adopt the policy as stated, seconded by Councilmember Pillow. Following some discussion, Councilmember Bolton offered substitute motion to adopt the policy as received and have petitions validated by City staff. There was no second to the substitute motion. There was further discussion. Councilmember Kendrick offered substitute motion that if signature appears on pro and con petitions, then that signature is invalidated on both petitions. There was no second to this substitute motion. Following further discussion, Mayor Dawkins called for a vote on the main motion to adopt the policy as stated and it carried 8 to 1 with Councilmember Kendrick voting against. 9. Report from Streets and Roads Committee. Councilmember Kendrick, Chairman of the Committee, presented the report and stated that the Committee would come back to Council with final proposal on the Adopt-A-Street Program. 10. Discussion of increasing the length of terms for Councilmembers. Mayor Pro-Tem Evans requested the record show that she is opposed to changing the terms because she feels it has worked satisfactorily in the past. Councilmember Pillow requested the record show that he is in favor of the four-year terms in order for Councilmembers to be in office long enough to accomplish the goals they set forth at election time. Councilmember Kendrick stated he feels Council needs to be on staggered four-year terms, therefore, he moved to adopt resolution of intent to consider ordinance amending the charter, seconded by Councilmember Pillow. Councilmember Robertson offered substitution motion to have the Mayor and three at-large Councilmembers run for two-year terms and the district Councilmembers run for four-year terms. Then the next election will all be four-year terms. The substitute motion was seconded by Councilmember Ross. The City Attorney recommended this be put on the next agenda to include the resolutions to be adopted. Councilmember Robertson amended his substitute motion to include putting this on the next agenda. Following further discussion Councilmember Kendrick called the question. The vote was 7 to 2 with Councilmembers Evans and Cheek voting against ceasing debate. Mayor Dawkins called for a vote on the substitute motion and it carried 6 to 3 with Councilmembers Cheek, Evans, and McBryde voting in opposition. Councilmember Cheek moved to include a referendum if Council's decision is to change the terms, seconded by Councilmember McBryde. The motion failed 4 to 5 with Councilmembers Bolton, Kendrick, Torrey, Ross and Pillow voting against. 11. Appointments A. Election to fill one vacancy on Historic Resources Commission. Mayor Pro-Tem Evans nominated John Malzone. Mayor Dawkins then called for a vote to fill the term of Frank Brown to October 1990, from the three nominees of Wade Byrd, Stewart Kerr, and John Malzone. There was a tie between the three nominees and Mayor Dawkins broke the tie by voting for Wade Byrd. B. Nominations to fill seven vacancies on Human Services Commission. Councilmember Ross nominated Dr. Cooley's nurse and will supply the name and information at a later date. Mayor Pro-Tem Evans moved to elect the following members previously nominated, seconded by Councilmember Torrey and carried unanimously: Mattarene McLean - elected for first full-term to March 1992 Carrie Malveau - elected for first full-term to March 1992 The following were elected to second terms to March 1992: Mr. L. Colon Oliver Reverend Curtis Harper Mr. R. H. Beatty Mr. Harry Rulnick Councilmember McBryde left the chambers at 8:35 p.m. 12. Administrative Reports Mr. Smith stated that the capital projects tour could be scheduled for this Sunday, April 8, from 2.00 p.m. to 5:00 p.m. Council was in agreement. There being no further business, the meeting was adjourned at 8:40 p.m. upon motion and second. REGULAR MEETING MONDAY, APRIL 16, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS MONDAY, APRIL 16, 1990 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Nat Robertson, Jr. (at-large), Milo McBryde (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 Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, City Attorney Jimmy Teal, Assistant to the City Manager Robert Bennett, City Engineer Richard Herrera, Director of Community Services Walter J. Haire, Jr., Housing Inspector Clark Dill, Director of Environmental Service. Rick Heicksen, Planning Department Transportation Planner Frances Jackson, Planning Department Transportation Section George Vaughan, City/County Planning Director Brad Hurley, Chairman, Parks and Recreation Commission Charles C. McLaurin, Chairman, Triangle South Board of Directors W. D. O'Quinn, Forest Lakes resident Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Reverend Clair Clayburn, Methodist College, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Pro-Tem Evans requested to be excused from the May 7, 1990, meeting due to being out of the country. Councilmember McBryde moved to excuse Councilmember Evans from the May 7 meeting as requested, seconded by Councilmember Pillow and carried unanimously. 1. Approval of Agenda Mayor Dawkins requested to move Item 3(1) and add after public hearings as a Planning Board matter concerning Chance Street. The Mayor also instructed a correction to the Council Minutes of March 19 to show “Monday", March 19, instead of “Tuesday", March 19 in the title of the minutes. Mayor Dawkins also requested Item 18 be added for changing the Information Meeting date. Councilmember McBryde moved to approve the agenda with the addendums, seconded by Councilmember Bolton and carried unanimously by voice vote. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Torrey requested to pull Item 2H for discussion and Councilmember Cheek requested to pull Item 2F for discussion. Councilmember McBryde moved to approve the consent agenda with exception of Items 2F and H. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved: A. Approval of correction to City Council Minutes of February 5, 1990. B. Approval of minutes of regular meeting of February 20, 1990. C. Approval of minutes of regular meeting of March 19, 1990. Correct title to show Monday instead of Tuesday, March 19, 1990. D. Set public hearing for May 21, 1990, to consider an application by Montessori Children's Home of Fayetteville for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (3) to operate a home for the care of children in a P2 Professional District for an area located east of Cape Court North of Cape Center Drive. (P90-27) E. Set public hearing for May 21, 1990, to consider an application by David B. Alabaster and wife, Diane M. Alabaster, for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (3), to operate a home for the care of children in a P2 Professional District for an area located at 1910 Owen Drive. (P90-36) F. (Pulled for discussion) G. Approval of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located on the east side of Racepath Street, north of Person Street. (90-33) H. (Pulled for discussion) I. Approval of the following Finance matters: 1. Adoption of Closeout 90-1 Closeout for year 1 of the Governor's Highway Safety Program SAFE projects in the Police Department: Year 1 - $234,869 actual ($10,504 under estimate). 2. Adoption of Closeout 90-2 Year 2 of the SAFE Program in the amount of $196,163 actual ($4,529 under estimate). 3. Adoption of Closeout 90-3 Closes out the Advanced Accident Investigation/DWI Seminars Project which was also funded by a Governor's Highway Safety Program grant (a one-time grant) in the amount of $51,806 actual ($4,903 under estimate). 4. Adoption of Closeout 90-4 Closes out the Crime Victims' Program projects for Year 1 in the amount of $49,728 actual ($2,009 under estimate). 5. Adoption of Closeout 90-5 Closes out the Crime Victims Program projects for Year 2 in the amount of $28,243 actual ($5,066 under estimate). 6. Adoption of Closeout 90-6 Closes out the Round 4 funding of the Emergency Shelter Grant Program in the amount of $47,128 actual (estimated same). 7. Adoption of Capital Project Ordinance Amendment 90-8. This is necessary to set up the new Airport Project for the upcoming fiscal year with the following revenues anticipated to be available to the City to complete the project: Federal Aviation Administration Grant $1,613,767.00 NC Department of Transportation-Aviation 89,653.00 Division Grant Local Match 89,654.00 Total $1,793,074.00 8. Adoption of Capital Project Ordinance Amendment 90-24. This change is necessary to transfer monies into the Parking/Street Construction Project to cover unanticipated costs (change orders) regarding the Social Services and Amtrack parking lots in the amount of $80,000.00 9. Adoption of Capital Project Ordinance Amendment 90-25 This change is to transfer monies into the Old Street Reconstruction Project to cover the CT&T expense of reconstructing their overhead lines to underground facilities in the amount of $65,000.00. 10. Adoption of Budget Ordinance Amendment 90-11. This change is to account for a $2,500.00 donation by the Wal-Mart Foundation on behalf of the Fayetteville Area Economic Development Corporation. J. Approval of revisions to Charter of Fayetteville Revitalization Commission. K. Approval of Emergency Shelter Grant Applications. 2F. Approval of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 1541 Purdue Drive. (P90-29) Councilmember Cheek stated that due to some concerns of residents in that area, she moves to set a public hearing on this item for May 21, 1990, seconded by Councilmember McBryde and carried unanimously. 2H. Adoption of a resolution to acquire Ramsey Street right-of-way (Parcel No. W-16) for bond financed sidewalk project. Councilmember Torrey asked where this area is located. City Engineer responded that it was located on the West side of Ramsey Street about a third of the way between Rosehill Road intersection of Courtney Street. This is a vacant tract of land. A RESOLUTION AUTHORIZING CONDEMNATION OF CERTAIN PROPERTY. RESOLUTION NO. R1990-46. Councilmember Torrey introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in resolutions book R1990. Mayor Dawkins read the policy on the timing for the public hearings. 3. Public Hearings: A. Consideration of Community Development Block Grant (CDBG) Funding for Fiscal Year 1990-1991. Community Services Director Herrera presented this item stating they have held public hearings for citizen input. The Community Development proposals were presented in the packet. The funding recommendations are as follows: CDBG Funding Recommendations for FY 1990-1991 1. Housing Rehabilitation - Target Area 1 $150,000.00 (Taft, Waterless, Hooks & Whitfield Streets) 2. Housing Rehabilitation - Target Area 2 150,000.00 (Neville, Thad, Ingram & Sewell Streets) 3. Reduced Interest Rehabilitation Loan 75,000.00 Program 4. Match for Department of Housing and Urban 25,000.00 Development Program to Combat Drugs 5. Senior Citizen Housing Construction Loan 320,000.00 6. Administration 180,000.00 $900,000.00 Following some questions and answers by Council of Mr. Herrera, the public hearing was opened at 7:35 p.m. Appearing in favor was Nellie Williams, Ingram Street, representing Fairview Park area requesting assistance for their area. There was none to appear in opposition to this item and the public hearing was closed at 7:37 p.m. Mayor Pro-Tem Evans moved to approve the Community Development Block Grant funding as presented, seconded by Councilmember Ross and carried 8 to 1 with Councilmember Kendrick voting against. At this time, Mr. Herrera commended Cindy Mills for her efforts through which we received a gracious amount of money for the rental rehab programs. B. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances by amending Chapter 32, Article XI, Section 32-75 “Cost to Applicant" to read as follows: Each applicant for reasoning, either general or overlay, or special use permit, shall pay a fee in accordance with a schedule recommended by the Planning Board and adopted by City Council. Amending Chapter 27 “Subdivisions" by creating Article IV “Fees," Section 27-16 “Fees" to read as follows: For each preliminary plat, final plat, each group development plan and each site plan as required under Chapter 32, Section 32-21.1(1) and (4) and Section 32-29 filed, the owner or agent of said property shall pay a non-refundable filing fee to the Cumberland County Joint Planning Board in accordance with a fee schedule recommended by the Planning Board and adopted by the City Council. (P90-8) Planning Director George Vaughan presented this item stating that the Planning Board recommends approval. The public hearing was opened at 7:45 p.m. and there being none to speak in favor or against, the public hearing was closed. AN ORDINANCE CREATING A NEW SECTION 27-16, “FEES"; AMENDING SECTION 32-26, “P1 PROFESSIONAL DISTRICT"; AND SECTION 32-75, “COST TO APPLICANT". ORDINANCE NO. S1990-5. Mayor Pro-Tem Evans 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 officer in ordinance book S1990. The fee schedule is as follows: ZONING FEE SCHEDULE Requested Less Than 5 To 50 50 To 100 100+ Districts 5 Acres Acres Acres Acres R15 $130 $260 $300 $400 R10 130 260 300 400 R6 130 260 300 400 R5A 130 260 300 400 R5 130 260 300 400 PND 130 260 300 400 P1 260 260 300 400 P2 260 260 300 400 C1A 260 260 300 400 C1 260 260 300 400 C1P 260 260 300 400 C2 260 260 300 400 C2S 260 260 300 400 C2P 260 260 300 400 C3 260 260 300 400 M1 260 260 300 400 M2 260 260 300 400 MHO 130 260 300 400 HD 260 260 300 400 Filing fees for text amendments to the Zoning Ordinance shall be $130. Special Use Permit fees shall be double the fee for a rezoning application. Example: A one-acre special use permit in a residential district would be $260. A special use permit for a 5-acre tract would be $520 in a residential district. Filing fees for each preliminary plat, site plan or final plat shall be $26. If the general rezoning request is for more than one zoning classification, the fee will be the same as separate rezoning requests. C. Consideration of the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 1011 Branson Street. (P90-15) This item was presented by Planning Director Vaughan stating that the Planning Board recommends denial because the 1971 Land Use Plan calls for residential development at this location. The public hearing was opened at 7:46 p.m. Appearing in favor was Kathleen Ranson, 1005 Branson Street, and Dorothy Ritter, 1007 Branson Street, stating they felt this will benefit the neighborhood. John Hurt, 2217 Stanton Court, and Harold Downing, 219 Dick Street, representing Mr. Hurt stated there is no emerging R5 development in this area and the condition in the neighborhood is deteriorating. There was none to speak in opposition to this item and the public hearing was closed at 7:52 p.m. Mayor Pro-Tem Evans asked the City Attorney if this is spot zoning or contract zoning. Mr. Cogswell reviewed the spot zoning definition for Council and stated he felt this would be considered spot zoning. Councilmember Bolton asked if special use would be allowed and Mr. Cogswell responded that it would not. Councilmember Ross moved to follow the recommendation of the Planning Board and deny the rezoning request, seconded by Councilmember Cheek. Following some discussion Councilmember McBryde offered substitute motion to rezone the area, seconded by Councilmember Bolton. Mayor Pro-Tem Evans stated that Roberts Rules of Order says that you cannot make a substitute motion that goes directly against the main motion. Mayor Dawkins did not accept the substitute motion and asked for any discussion on the main motion. Following lengthy discussion, Mayor Dawkins called for a vote and the motion carried 6 to 3 with Councilmembers Robertson, McBryde and Bolton voting against. D. Consideration of the rezoning from R6 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located at 209 Lawrence Avenue. (P90-17) This item was presented by Planning Director Vaughan stating that the Planning Board recommends denial based on the findings that the 1971 Land Use Plan calls for low-density residential development and the R5 residential district is high density and that the subject property does not meet the location criteria for high-density residential development. The public hearing was opened at 8:08 p.m. and recognized in favor was John Pavlikianidis, 202 North Church Hill Drive, wants to build apartments for the elderly with restrictions on drugs, alcohol and pets. There was none to appear in opposition and the public hearing was closed at 8:12 p.m. Councilmember Pillow moved to deny the rezoning request as recommended by the Planning Board, seconded by Councilmember Ross. Councilmember Kendrick asked the difference in R5 and R6 for multi-family units. Mr. Vaughan responded that R6 allows 8 units and R5 allows essentially 19 units; however, it will require high rise to get 19 on this location. There being no further discussion, Mayor Dawkins called for a vote and it carried 8 to 1 with Councilmember Bolton voting against. E. Consideration of the rezoning from R6 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located on the north side of Briarcliff Drive, east of Westmont Drive. (P90-20) This item was presented by Planning Director Vaughan stating that the Planning staff recommends denial based on the fact the that the 1971 land Use plan calls for medium density residential development and the R5 residential district is high density. The public hearing was opened at 8:25 p.m. Speaking in favor of the rezoning was Roy Massengill, 180 Ellerslie Drive, asking for a clarification because he was told by the Planning Department at one time, that he could only build two units under this zoning and by the Planning Department he was told that he could build five units which was more favorable to him. However, he was later told by the Planning Department that he could only build two units. Mr. Vaughan responded that in R6 zoning, if you do it as either multi-family or single-family units, you are allowed ten units. If you do it as zero lot line or condominium R6, you are allowed eleven units. Mr. Massengill now has eight units. Speaking in opposition was Billy Kiser, 922 Westmont Drive. He presented a petition with approximately 35 signatures in opposition. Mr. Kiser was also representing Ken and Helen Adams, present in the audience, whose property abuts the rezoning request. He stated they feel the proposed rezoning will create an island of R5 zoning in the midst of their community and should therefore be considered spot zoning. He also stated they are having numerous problems with the volume of congestion in that area now and feels the change in the rezoning would add to those problems in the neighborhood. Mr. Massengill appeared in rebuttal stating he did not realize he had so many problems in the area, having dealt through a realtor, and stated he would contact his realtor. There being none further to speak on this matter, the public hearing was closed at 8.30 p.m. Councilmember McBryde moved to follow the recommendation of the Planning Board and deny the rezoning request, seconded by Mayor Pro-Tem Evans and carried unanimously. F. Consideration of amendments and revisions to the Fayetteville Code of Ordinances, Article IV, Section 32-26 by creating the following: Section 32-26(8) Convalescent and Nursing Homes. (P90-26) This item was presented by Planning Director Vaughan stating that it has been referred to the Planning Board by the City Council. The Planning Board recommends approval of adding nursing homes for permitted use in the P1 professional district. The public hearing was opened at 8:37 p.m. There being none to appear in favor or opposition, the public hearing was closed. AMENDING ARTICLE IV, SECTION 32-26, BY CREATING SUBSECTION (8) CONVALESCENT AND NURSING HOMES. ORDINANCE NO. S1990-6. Councilmember Bolton moved to adopt the foregoing ordinance, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in ordinance book S1990. 3G. (Moved to end of public hearings before Item 4.) H. Consideration of proposed Thoroughfare Plan Amendments. This Item was presented by Planning Board Transportation Staff Frances Jackson and Rick Heicksen with a recommendation to adopt resolution. The public hearing was opened at 8:45 p.m. There was none to speak in favor. Appearing in opposition was Christine Reeves, 4907 Yadkin Road. She stated they feel they have already given so many right-of-ways for public utilities consisting of two different right-of-ways for Carolina Power and Light, one for the gas line, one for the water line and one for a big sewer line and this proposal will take a better part of what is left of their land. She requested that the record show she is bitterly opposed to this project. Also appearing in opposition was Sam Cain, 4855 Yadkin Road, nephew of Christine Reeves. He stated he will be cut off from access to the Yadkin Road and it will expose him to trafficking he moved to the country to get away from. It will also expose him to increased risk of crime in his area. There being none further to be heard on this matter, the public hearing was closed at 8:50 p.m. Councilmember Bolton moved to adopt the resolution. There was no second and Mayor Dawkins recognized Councilmember Pillow who stated he feels when these resolutions are made for projects, there should be some information concerning who will have to pay. He stated it seems the taxpayers always wind up having to pay. Mr. Vaughan responded and stated he could not guarantee the City would not have to pay somewhere in the future. Following lengthy discussion Councilmember Torrey seconded the motion which was to adopt the resolution approving the Thoroughfare Plan for all three corridors. The vote was called and the motion failed 4 to 5 with Councilmembers Evans, Kendrick, Robertson, Pillow and Cheek against. 3G. Consideration of the rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the north side of Chance Street, east of Mechanic Street. (P90-32) Planning Director Vaughan presented this item and stated that the Planning Board recommends approval because the requested rezoning places all of the property under the same ownership in the same zoning classification. Councilmember McBryde moved to follow the recommendation to rezone, seconded by Councilmember Bolton. Councilmember Ross stated that people had come to speak on this matter because they thought it was a public hearing; therefore, she offered substitute motion to set a public hearing for May 21, 1990, seconded by Councilmember Torrey and carried 6 to 3 with Councilmembers Evans, McBryde and Bolton voting against. 4. Report on proposed skateboard facility. Parks and Recreation Director Barefoot presented this item stating that at Councils request, he is presenting a recommendation for the site of the skateboard ramp to be located at the Cape Fear Teen Center. The construction costs would be approximately $27,798.00 and the personnel costs would be approximately $11,396.00. Mr. Barefoot stated the cost of the construction would be approximately the same at either Lamon Street or the Teen Center. City Manager Smith informed Council there is no money budgeted in the Parks and Recreation for the current year for this project. Mr. Smith stated his recommendation would be to either look for funds in the current fiscal year budget or take this item up in the budget considerations for the coming fiscal year. Following some discussion, Councilmember Cheek moved to consider the skateboard project for the Teen Center as first choice and Lamon Street as second choice during the fiscal year budget sessions, seconded by Councilmember Ross and carried unanimously. 5. Consideration of proposed park bond proposals. Brad Hurley, Chairman of the Parks and Recreation Advisory Commission, presented this item and recognized George Armstrong, Commission member, and Carl Gaskey, Chairman of the Friends of the Parks organization present in the audience. Mr. Hurley stated the Commission is recommending again, the bond referendum for the park improvements with three major changes. They request this be separated into three major portions. The first would be for general park improvements; the second would be pool construction; and third would be the linear park. Following discussion, Mayor Pro-Tem Evans moved to approve the proposed concept, seconded by Councilmember McBryde and carried unanimously. 6. Consideration of adoption of demolition ordinances for the following properties: A. Christian Street (Owner: Ellen G. Sinclair) This item was presented by Walter Haire, recommending adoption of the ordinances. ORDINANCE REQUIRING TIM CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1990-14. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. B. 311 Bryan Street (Owner: Mr. and Mrs. Norman Savoy Mr. and Mrs. William Bentley) ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1990-15. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1990. C. 432 Gillespie Street (Owner: Ms. Ethel R. Devane) This house has already been demolished. At this time, Councilmember Pillow requested that since these demolition cases have two hearings previous to coming to Council, they be placed on consent agenda in the future. Following some discussion, Council was in consensus that this be processed through the consent agenda with the option to remove for discussion. 7. Consideration of request by Thurston Callahan to have property located at 203 Rowan Street designated to have historical significance. Councilmember McBryde moved to approve the request as recommended, seconded by Councilmember Bolton and carried unanimously. 8. Consideration of request to appear before City Council by Charles C. McLaurin, Chairman, Board of Directors of Triangle South. Mr. McLaurin presented this item and requested Council adopt their resolution that would encourage the highway department to include funding for a north-south intrastate highway linkage between Fayetteville/Ft. Bragg area and the Raleigh/RTP/RDU Airport area and that a study be made to determine the origin of that traffic. Mr. Smith recommended that this be referred to the Transportation Advisory Committee (T.A.C.) before Council adopts a resolution. Councilmember Pillow also suggested that they not approve something that will take business away from the Fayetteville Regional Airport. Councilmember Bolton moved to follow the recommendation of the City Manager, seconded by Councilmember Torrey and carried unanimously. At this time Mayor Dawkins stated there had been a request to reconsider Item 3.H. Councilmember Robertson moved to reconsider Item 3.H., seconded by Councilmember Ross and carried 7 to 2 with Councilmembers Pillow and Kendrick voting against. Councilmember Bolton stated he did not want to send a negative message to N.C.D.O.T. He stated we were not defining the exact areas but just asking for their consideration of these long range proposals. Councilmember Pillow objected to reconsidering a public hearing item after everyone concerned had left Council chambers after action had been taken. He also felt more information was needed before Council could recommend the plan. There was further discussion, and the following resolution was adopted upon motion by Councilmember Bolton and second by Councilmember Torrey. The vote was 8 to 1 with Councilmember Pillow voting against. RESOLUTION ADOPTING THE AMENDMENT TO THE FAYETTEVILLE URBAN AREA THOROUGHFARE PLAN. RESOLUTION NO. R1990-47. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1990. 9. Consideration of request from Forest Lake property owners for dredging of Forest Lake. This item was presented by City Manager Smith recommending Council refer this to the Policy Committee for consideration of this request and any potential amendments they might want to make to the policy concerning 100 percent property owner petition. Mr. W. D. O'Quinn was recognized and asked for consideration of Council for help from the City towards the $160,000 work that will need to be done on this dam since it would flood the City if repairs are not made. Councilmember Bolton moved to follow the recommendation of the City Manager, seconded by Councilmember Ross and carried 8 to 1 with Councilmember Torrey voting against. 10. Consideration of request for sidewalk construction on Ramsey Street by Peace Presbyterian Church. This item was presented by City Manager Smith recommending to extend the entire length to Country Club Drive from Plantation Road and allocate $34,000.00 to complete the construction where bond money has run out. Councilmember Kendrick moved to follow the recommendation, seconded by Councilmember Ross and carried unanimously. 11. Consideration of amendments to fee schedule for Fayetteville Police Department records checks. The requested fee schedule for records checks is as follows: Traffic Accident $3.00 Incident Report 1.50 Record Check 2.00 Record Check Copies 2.50 First Page Each additional Page 1.00 Fingerprint 5.00 Councilmember McBryde moved to approve the fee schedule as requested, seconded by Councilmember Torrey and carried unanimously. 12. Consideration of readoption of resolution of Consideration for Annexation (First Area) and Consolidation of Three previously Identified Areas into one Area. This item was presented by Assistant City Manager Stancil recommending adoption of the resolution. RESOLUTION IDENTIFYING THE AREA DESCRIBED HEREIN AS BEING UNDER CONSIDERATION FOR FUTURE ANNEXATION. RESOLUTION NO. R1990-48. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Robertson and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 13. Consideration of adoption of Resolution of Intent to consider charter amendment implementing four-year terms for City Council members. Councilmember Bolton moved to adopt the resolution as recommended, seconded by Councilmember Pillow. Councilmember Cheek offered substitute motion to amend the Resolution of Intent to add that a referendum be held, seconded by Councilmember McBryde. The substitute motion failed 4 to 5 with Councilmembers Bolton, Kendrick, Torrey, Pillow, and Rose voting against. Mayor Dawkins returned to the main motion to adopt the resolution. Following discussion the public hearing date was agreed upon for May 21, 1990. The motion carried 6 to 3 with Councilmembers Cheek, McBryde, and Evans voting against. RESOLUTION OF INTENT TO CONSIDER AN ORDINANCE AMENDING CHAPTER III., “GOVERNING BODY" AND CHAPTER IV., “ELECTIONS" OF THE CHARTER OF THE CITY OF FAYETTEVILLE. RESOLUTION NO. R1990-49. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 14. Consideration of adoption of 1990 Municipal Legislative Goals and Policy of the North Carolina League of Municipalities. Mayor Pro-Tem Evans moved to adopt the goals and policy as recommended, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing is attached to and made a part of these minutes. 15. Appointments: A. Nominations to fill one vacancy on Human Services Commission Nominations made to fill the vacancy of Christina Smith were Mrs. Nervenna Parnell by Councilmember Ross and Mr. Bruce Pillow by Councilmember Cheek. 16. Administrative Reports: A. Statement of taxes collected for the month of March, 1990, from the Cumberland County Tax Collector. The report was adopted by Council showing total collections in the amount of $158.328.42. B. Report on garbage and trash collection pilot program. Mr. Smith presented this item stating they plan a pilot program for once a week garbage collection and once a week trash collection. This is to begin the first of May and they will get out literature and survey opinion forms. The areas scheduled for the pilot program are: (1) Van Story Hills for a Monday route and Huntington Park for a Tuesday route; and (2) Savoy Heights for a Monday route and Hillendale West and North Hills for a Tuesday route. Councilmember McBryde stated he was contacted by a doctor upset over the health hazard of this program. Mr. McBryde stated he feels we should check into adding more people and increasing pickup days. Councilmember Cheek requested a neighborhood advisory group meet with City staff before this program begins. Also, possibly a neighborhood meeting. Councilmember Robertson was concerned that the yard trash would remain on the street five days before pickup. Councilmember Ross was concerned with the amount of garbage only being picked up once a week. Mr. Smith reviewed the intentions of this program. Councilmember Pillow was concerned about the yard residue left over the weekend and suggested we check into the possibility of obtaining more containers. Councilmember Torrey stated that the recycling is to be mandatory, and we will have to consider the possibility of a tax increase to cover this. Councilmember Kendrick also expressed the concern about illegal dumping following this mandatory recycling and the possibility of obtaining more containers. Following the report Mayor Dawkins suggested Council get together with the delegation possibly on Monday morning, April 30, 1990, then the details could be worked out concerning this matter. At this time City Manager Smith suggested Council consider changing the Information Meeting of April 23, 1990, because of a function at Fort Bragg affecting Councilmembers for the same night. Councilmember Pillow objected to making this change because a change was not made during the recent Bicentennial Celebration. Councilmember Bolton moved to change the Information Meeting from April 23 to April 30, seconded by Councilmember Robertson. Motion carried 7 to 2 with Councilmembers Pillow and Cheek against. 17. Request for Executive Session for property acquisition. Councilmember Kendrick moved to enter Executive Session for property acquisition, seconded by Councilmember Robertson and carried unanimously at 10:55 p.m. Council reconvened into regular session at 10:58 p.m. Mr. Smith recommended that Council authorize settlement of the right-of-way acquisition on Christian Street. Parcel 8-1, in the amount of $2,200.00. Councilmember Ross moved to follow the recommendation, seconded by Councilmember Cheek and carried unanimously. There being no further business, the meeting was adjourned at 11:00 p.m. upon a motion and second. Tax Policy • The League will support modifications in the local government tax structure which will establish a comprehensive, long-range framework providing sufficient revenues from municipalities to meet the needs of their citizens now and in the future. The League will oppose modifications which do not observe basic tax equity principles. • The League will oppose proposals to abolish the local property tax. • The League will oppose additional exemptions and preferential classifications in the property tax base, including repeal of the intangibles tax. • If revenue sources are repealed, lost revenues must be replaced under a hold harmless formula which will replace revenue to all municipalities on a dollar for dollar basis with an adequate growth factor. • The League will seek new revenue sources to offset diminished financial assistance from the federal government and to balance the revenues derived from the property tax. The League seeks an array of local option taxes, such as an occupancy tax, a local income or payroll tax, a real estate transfer tax and an admissions tax, the proceeds of which may be used for any public purpose. • The League will oppose consolidation of the state and local sales taxes. • The League will seek a portion of the revenues from the 1987 liquor tax increase, since they were intended for local governments to complete funding of the special law enforcement retirement benefits, with allocations based on the number of officers employed. • The League will seek enabling legislation required to establish and operate a pooled loan financing program, so that municipalities may take advantage of the federal income tax transition rule secured by the League (SB559). Municipal Personnel • The League supports the right of municipalities to make basic employment decisions, and will oppose any law or regulation which either directly or indirectly affects municipal employees' salaries, benefits or conditions of work, or which adversely affects the prerogative of each elected municipal government body to make independent policy and budgetary decisions regarding municipal employees. • The League will opposite efforts to modify the law which prohibits a municipality from recognizing or entering into contracts with labor unions or other employee organizations. Retirement • The League will seek legislation to coordinate the various retirement benefits of law enforcement officers in a rational and equitable manner. The League will support state administration of law enforcement officer retirement benefits. General Administration • The League will seek a reasonable increase in the dollar amount for municipal force amount for municipal force account construction work (S8303). Open Meetings • The League supports the principal of openness in government and specifically endorses the concept that meetings of governmental bodies should generally be open to the public. The League also supports reasonable provisions for limiting access to and knowledge of specified deliberations and actions when such limitations are in the public interest. The League will oppose legislation imposing additional statutory requirements on municipal governing bodies. Economic Development • The League will support legislation to enhance the effectiveness of economic development efforts and broaden the authority of municipalities to participate. Land Use Planning • The League will support legislation to clarify and enhance the authority of municipalities to regulate outdoor advertising signs, but will oppose legislation to restrict further the authority of local officials to regulate outdoor advertising and require removal of nonconforming signs by amortization. SPECIAL INFORMATION MEETING MONDAY, APRIL 30, 1990 FAYETTEVILLE CITY COUNCIL SPECIAL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, APRIL 30, 1990 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Nat Robertson, Jr., Tommy Bolton, Ida Ross, Joseph L. Pillow, Thelbert Torrey, Suzan K. 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 to order and the invocation was offered by City Attorney Bob Cogswell. Upon motion by Councilmember Kendrick, seconded by Councilmember Torrey, the Council voted unanimously to approve the agenda. City Manager John Smith asked the Council to remove Items 2.C. and 2.D. from the consent agenda and make them Items 9.A. and B. to be considered after the executive session. Upon motion by Councilmember McBryde, seconded by Councilmember Bolton, Council voted unanimously to approve the following items on the consent agenda. A. Award of contract to Crowell Constructors, Incorporated, for resurfacing various streets (Project ƒ13-386-89) in the amount of $468,958.17. The bids received were as follows: Crowell Constructors, Inc. $468,958.17 Barnhill Contracting Co. $488,406.05 McDonald Grading Co., Inc. $538,009.25 B. Adoption of Capital Project Ordinance Amendment Change 90-26. To transfer Powell Bill money into the Street Construction Capital Project in the amount of $500,000. Mr. William Carey of Fayetteville Cablevision next discussed cablevision services within the City. Mr. Carey reviewed the existing agreement which was renewed on June 2, 1986. The major changes in that agreement as he reviewed them were the installation of an emergency audio override system on the cable channels, the implementation of a 37 channel system, the provision of a studio for community produced programs, and an increase to a payment of 5 percent of gross revenues to the City of Fayetteville. Of these items, all but the studio have been completed and that project is underway. Upon questions from several Councilmembers, Mr. Carey reviewed a comparison of fee for cablevision in the City of Fayetteville and other municipalities. He also stated that the company was working on a way to eliminate the converter box. The next item was a consideration of the report by the City/County Parks and Recreation Study Commission. Mayor Dawkins asked that this report be sent to the Parks and Recreation Advisory Commission for their comments before discussion by City Council. George Vaughan, Director, Joint Planning Board, then made a presentation to the Council on conditional use zoning inside the City limits. Upon motion by Councilmember Robertson, seconded by Councilmember Evans, Council voted unanimously to authorize the City Attorney and the Planning Director to proceed with the development of such zoning amendments and bring necessary action back to Council. The next item was a presentation by the Director of the Joint Planning Board on the thoroughfare planning process. Mr. Vaughan reviewed the roles of the Technical Coordinating Committee, the Transportation Advisory Committee, and City and Planning staff in this process. The City Attorney then presented proposed revisions to Chapter 2 of the Fayetteville City Code for discussion by the Council. Upon motion by Councilmember McBryde, seconded by Councilmember Bolton, Council voted unanimously to convene into executive session on matters of potential litigation, land acquisition, and litigation at 8:15 p.m. Council reconvened in regular session at 9:45 p.m. City Manager John Smith recommended the approval of Items 9.A. and B. (formerly Items 2.C. and D. under the consent agenda). Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to adopt the following resolutions: RESOLUTION TO ACQUIRE RIGHT-OF-WAY. PARCEL W-7B, FOR MAIDEN WEST OF RAY AVENUE. RESOLUTION NO. R1990-50 RESOLUTION TO ACQUIRE RIGHT-OF-WAY, PARCEL N-1, FOR MEHARRY DRIVE. RESOLUTION NO. R1990-51 Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book No. R1990. Upon motion by Councilmember Robertson, seconded by Councilmember McBryde, Council voted unanimously to adjourn the special information meeting. REGULAR MEETING MONDAY, MAY 7, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS MONDAY, MAY 7, 1990 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Nat Robertson, Jr. (at-large); Milo McBryde (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) Absent: Councilmember Mildred Evans (at-large) - excused Others Present: John P. Smith, City Manager Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, City Attorney Jimmy Teal, Assistant to the city Manager Jason Brady, Public Relations Officer Robert Barefoot, Parks and Recreation Director Tom Ray, Airport Manager Al Mitchell, Assistant City/County Planning Director Mike Culbertson, Jackson Equipment Company Bea Matthews, Vice-Chairman, Parks and Recreation Advisory Commission Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE Mayor Dawkins called on Fire Chief, Pete Piner, to offer the invocation. The Pledge of Allegiance to the American Flag was lead by Mayor Dawkins following the invocation. RECOGNITION: The Mayor read and presented the proclamation for the Alcohol and Drug Free Celebration on June 2, 1990, at the Expo Center for the graduates in the County sponsored by the Parks and Recreation Department. Mayor Dawkins also recognized Youth Mayor for the Week, Burton Lawson. Mayor Dawkins then read and presented the proclamations for International Museum Day on May 18 to Fayetteville Independent Light Infantry, the Arts Council, Museum of the Cape Fear, J.F.K. Special Warfare Museum, 82nd Airborne War Memorial Museum, Heritage Square Historic Properties and Fayetteville Museum of Art. At this time Mayor Dawkins reminded everyone that Councilmember Evans had received an excused absence at the last meeting due to being out of the country. 1. Approval of Agenda Councilmember Kendrick moved to place as Item 13 the Executive Session for Litigation, seconded by Councilmember McBryde and carried unanimously 8 to 0. Councilmember McBryde moved to approve the agenda with the addition of Item 13, 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 Cheek requested to pull Item 2A for discussion, Councilmember Kendrick requested to pull Item 2E for discussion and Councilmember Torrey requested to pull Item 2H for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of Items 2A, 2E, and 2H. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved: A. (PULLED FOR DISCUSSION) B. Approval of minutes of regular meeting of April 2, 1990. C. Approval of Tax Refunds. 1. Tax refund in the amount of $37.18 to Buddy W. Yandel for clerical error - 1965 Chevy also charged under GMAC Leasing. 2. Tax refund in the amount of $130.08 to Thomas C. and Ena Lee Cochran for illegal tax - personal property located in Forsythe County. 3. Tax refund in the amount of $58.59 to Mr. and Mrs. Floyd P. Jenkins, Jr., for clerical error - did not own 1983 Cadillac. 4. Tax refund in the amount of $145.59 to John A. McDonald, Jr., for clerical error - billed in wrong tax district. 5. Tax refund in the amount of $1,341.11 to Gary B. Garrison for clerical error - parcel also charged on PIN 0531-90-4383. 6. Tax refund in the amount of $119.67 to William McKoy for clerical error - lot was charged with improvements in error. 7. Tax refund in the amount of $35.18 to Alese Formydoval Mercer for clerical error - did not own 1986 Olds. 8. Tax refund in the amount of $81.44 to Pantry, Inc., Store ƒ286, for clerical error - free-standing metal canopy was charged as real instead of personal. 9. Tax refund in the amount of $58.99 to Pantry, Inc., Store ƒ305, for clerical error - free-standing metal canopy was charged as real instead of personal. 10. Tax refund in the amount of $25.80 to Mr. and Mrs. Marion Vann for clerical error - 1979 fishing boat was charged as a 1978 outboard boat in error. D. Set public hearing for June 4, 1990, to consider an application by Charles S. Hester for a Special Use Permit as provided for by the city of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (3) to expand an existing home for the care of children in a P2 Professional District for an area located at 3005 Boone Trail Extension. (P90-42) E. (PULLED FOR DISCUSSION) F. Adoption of Capital Project Ordinance Change 90-27. This change is to administratively correct the budget figures regarding the City's share in the Police Department Property Crime Project in the amount of $1,875.00. G. Adoption of Budget Ordinance Amendment Change 90-12. This change is to transfer $18,000.00 from the Council Contingency into the Traffic Services Department to accommodate the cost of installing traffic signals at the intersection of Cain Road and Rogers Drive. H. (PULLED FOR DISCUSSION) 2A. Approval of minutes of information meeting of March 26, 1990. Councilmember Cheek requested a correction on Page 3, Item 6, second paragraph, second line, to delete the words, “near the Heritage Place" and add the words, “other places in the park". Councilmember Cheek moved to approve the March 26, 1990, minutes with the corrections, seconded by Councilmember Bolton and carried unanimously 8 to 0. 2E. Approval of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located on the west side of North Street, north of Wall Street. (P90-49) Councilmember Kendrick asked if this was suppose to be M2 or M1 because these memoranda from the Planning Board shows staff recommendation to M1. Mr. Mitchell responded that since he was not present at this meeting, he would prefer to make a check on this. Councilmember Kendrick moved to pull Item 2E from the agenda and place on the May 21, 1990, Council agenda, seconded by Councilmember Torrey and carried unanimously 6 to 0. 2H. Adoption of Resolution authorizing the Director of Administrative Services to dispose of property at public auction. Councilmember Torrey asked what period of time elapsed between auctions. City Manager Smith responded that it is at least two years. RESOLUTION AND NOTICE OF SALE OF SURPLUS PROPERTY. RESOLUTION NO. R1990-52. Councilmember Torrey introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0 by voice vote. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. At this time Mayor Dawkins read the policy for the public hearing time limit. 3. Public Hearings: A. Consideration of adoption of annexation ordinance - Airport - Tract W-1. This item was presented by Assistant City Manager Stancil. A public hearing had been published for this date and hour. Mayor Dawkins opened the public hearing at 7:25 p.m. and there being none to appear in favor or against this annexation, the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (AIRPORT - TRACT W-1). ANNEXATION ORDINANCE NO. 90-5-326. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross and carried unanimously 8 to 0. B. Consideration of adoption of annexation ordinance - Airport - Tract W-2. The public hearing was opened at 7:28 p.m. and there being none to appear in favor or against this annexation, the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (AIRPORT - TRACT W-2). ANNEXATION ORDINANCE NO. 90-5-327. Councilmember Ross introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously 8 to 0. C. Consideration of adoption of annexation ordinance - Airport - Tracts W-3, W-4, W-5, W-6, W-7 and W-10. The public hearing was opened at 7:31 p.m. and there being none to appear in favor or against this annexation, the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (AIRPORT TRACTS W-3, W-4, W-5, W-6, W-7 and W-10). ANNEXATION ORDINANCE NO. 90-5-328. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0. D. Consideration of adoption of annexation ordinance - Airport - Tract W-8. The public hearing was opened at 7:34 p.m. and there being none to appear in favor or against this annexation, the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (AIRPORT - TRACT W-8). ANNEXATION ORDINANCE NO. 90-5-329. Councilmember Pillow introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0. E. Consideration of adoption of annexation ordinance - Airport - Tract 21. The public hearing was opened at 7:37 p.m. and there being none to appear in favor or against this annexation, the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (AIRPORT - TRACT 21). ANNEXATION ORDINANCE NO. 90-5-330. Councilmember Ross introduced the foregoing ordinance and moved its adopt loft, seconded by Councilmember Pillow and carried unanimously 8 to 0. Copies of the foregoing ordinances are on file in the Clerk's office in Annexation Ordinances Book 1990. 4. PWC Matters: A. Consideration of award of contract for purchase of one 65hp trencher to Prime Equipment, low bidder, in the amount of $27,100.00. (PWC) The Mayor Recognized Mike Culbertson, General Manager of Jackson Equipment Company. He stated that since their bid is only $212.95 higher than the low bid and since they are a local business, they are requesting Council to consider accepting their bid in support of local businesses. City Attorney Cogswell stated that by law Council cannot consider any other bid than low bidder unless the low bidder is disqualified. Councilmembers Robertson and Bolton expressed disappointment in not being able to support local business whenever possible. Bids received were as follows: Prime Equipment (Durham, NC) $27,100.00 Jackson Equipment Co. (Fayetteville, NC) $27,312.95 Ditch Witch of N.C. (Raleigh, NC) $30,204.75 Vermeer Carolinas, Inc. (Cary, NC) $43,425.00 Vermeer Carolinas, Inc. (Alternate) $30,895.00 Councilmember Pillow moved to award to the low bidder of Prime Equipment Company in the amount of $27,100.00 as recommended, seconded by Councilmember Ross and carried 6 to 2 with Councilmembers Robertson and Bolton voting against. B. Consideration of award of contract for purchase of two 35hp trenchers with trailers and one backhoe attachment to Herring Farm Equipment, low bidder, in the amount of $37,455.20. (PWC) Councilmember Bolton stated that he felt there was a conflict on his part in that his immediate family is the owner of the low bidding company. Councilmember Kendrick moved to exclude Councilmember Bolton from voting on this matter, seconded by Councilmember Ross and carried unanimously. The bids received were as follows: Herring Farm Equipment (Wilson, NC) $37,455.20 Vermeer Carolinas, Inc. (Cary, NC) $41,599.00 Ditch Witch of NC (Raleigh, NC) $42,630.00 Prime Equipment (Durham, NC) $48,470.00 Jackson Equipment (Fayetteville, NC) $49,846.60 Councilmember McBryde moved to award to the low bidder as recommended, seconded by Councilmember Ross and carried 7 to 0 with Councilmember Bolton abstaining. 5. Consideration of a resolution directing the City Clerk to investigate a petition for annexation received under G.S. 160A-31 or G.S. 160A-58.1: Assistant City Manager Stancil presented this item stating that this is to correct the legal description of the previous petition due to a portion of the property being omitted. A. King's Grant Club - Gregg Court Area (Contiguous). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 (KING'S GRANT CLUB, GREGG COURT). RESOLUTION NO. R1990-53. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Robertson and carried 6 to 2 with Councilmembers Ross and Torrey voting against. B. Andrews Road Shopping Center (Satellite). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 (ANDREWS ROAD SHOPPING CENTER). RESOLUTION NO. R1990-54. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 6 to 2 with Councilmembers Ross and Torrey voting against. C. Cedar Falls Baptist Church (Contiguous). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 (CEDAR FALLS BAPTIST CHURCH). RESOLUTION NO. R1990-55. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Cheek and carried 6 to 2 with Councilmembers Ross and Torrey voting against. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1990. 6. Consideration of purchase of property near Fayetteville Regional Airport. This item was presented by Airport Manager Ray. He stated the FAA has agreed to participate in the purchase of this property. Costs per agency are shown as follows: Federal Aviation Administration (90 percent) $38,047.50 State (5 percent) 2,113.75 City (5 percent) 2,113.75 Total Cost $42,275.00 Councilmember McBryde moved to purchase the property as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0. At this time Mayor Dawkins recognized Boy Scout Troop 704 from Fort Bragg who are working on their merit badge promotion. Accompanying them was Glen Harnett. 7. Presentation by Recreation and Parks Advisory Commission regarding bond referendum. Mayor Dawkins read the resolution title as follows: RESOLUTION PROVIDING FOR PUBLICATION OF NOTICE FOR INTENT TO FILE APPLICATIONS WITH RESPECT TO $11,525,000.00 IN AGGREGATE AMOUNT OF PARK AND RECREATIONAL FACILITY FUNDS WITH LOCAL GOVERNMENT COMMISSION. RESOLUTION NO. R1990-56. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously 8 to 0. City Attorney Cogswell requested that the second part of this item be acted on later in the meeting to enable him to check on a recommended date for public hearing. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 8. Report from Policy Committee. POLICY ON DRAINAGE OF PRIVATE LAKES The policy of the city of Fayetteville on the drainage of privately-owned lakes adopted May 12, 1980, is rescinded and the following substituted therefor: In the case of privately-owned lakes within the City of Fayetteville, it shall be the policy of the City Council that drainage improvements, including but not limited to the construction of sedimentation catch-basins and the dredging of said lakes, shall be performed through private contract. No drainage improvement project shall be initiated by the Fayetteville City Council unless the following conditions are met: (a) That 100% of the abutting property owners petition for the work to be done; (b) That 100% of the cost of the project be borne by the petitioners, on a pro rata basis depending on the number of linear feet owned by each at the normal lake level, and deposited with the city at the time of the filing of the petition; (c) That the petitioners agree to indemnify and hold harmless the City of Fayetteville from and against all claims, suit, damages, costs, losses and expenses of the petitioners, in any manner resulting from, arising out of, or connected with said drainage improvement project either during the making and construction of said drainage improvements, or thereafter, which may be attributable to said drainage improvement or maintenance thereof; (d) That each petitioner shall waive any claim that his or her property failed to receive any benefit from said improvement; (e) That any costs of maintenance of sedimentation catch-basins after the initial improvement is made, shall be borne by the petitioners as in paragraph (b) above. (f) That there shall be no discount applicable to the payment of the cost of the project. It shall be the further policy of the City of Fayetteville to lend its expertise in the areas of soil erosion and sedimentation control and engineering where necessary for the planning and preparation of bid specifications and maintenance of drainage improvement projects affecting privately-owned lakes. Councilmember McBryde, Chairman of the Policy Committee, presented the recommended policy concerning drainage of private lakes and moved its adoption, seconded by Councilmember Pillow and carried 7 to 1 with Councilmember Kendrick voting against. * At this time Council returned to the second portion of Item 7 at Mr. Cogswell's request. Mayor Dawkins read the resolution title which is as follows: RESOLUTION NO. R1990-57 RESOLUTION RELATING TO THE APPLICATION FOR APPROVAL OF THE ISSUANCE OF PARK BONDS, DOWNTOWN LINEAR PARK BONDS, AND SWIMMING POOL BONDS. Councilmember McBryde Introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 8 to 0. Mrs. Beatrice Matthews, Vice-Chairman of the Parks and Recreation Advisory Commission, was recognized and thanked Mayor and Council for making this possible. She recognized Russell Warner, Pat Hales, and John Marshall, Commission members present tonight. 9. Appearance by representative of Forest Lakes Homeowners Association. City Manager Smith stated that Mr. O'Quinn had withdrawn the request for appearance on this Item. 10. Consideration of approval of Parking Agreement for the Prince Charles Parking Lot. This item was presented by City Manager Smith stating that a document was missing from the closing documents, which is a parking agreement between the City and the Hotel. This agreement allows the hotel to use the lot and relieves the City of any maintenance. City Attorney Cogswell submitted an amended copy of the easement stating that on Page 2, following the heading, “Tract II, Exhibit A" was amended so that if for any reason it should cease to be a hotel and some other activity permitted under the zoning was placed there, there could still be parking and pedestrian walkway. Mr. Cogswell also added a fourth condition so that if the City ever needed any of this easement for public use such as right-of-way widening, etc., that they would give it back to us at no cost because they are getting it at no cost. Councilmember Kendrick moved to approve the easement as submitted, seconded by Councilmember Ross and carried 6 to 2 with Councilmembers McBryde and Bolton opposed. 11. Appointments: A. Nomination/Election to fill one vacancy on Human Services Commission. Councilmember Ross withdrew her nomination of Mrs. Nervenna Parnell to allow Mrs. Cheek's nomination of Mr. Bruce Pulliam to maintain the racial balance. Mayor Dawkins called for a vote on the election of Mr. Bruce Pulliam, 1100 Clarendon, to serve to March 1992 and it carried unanimously. B. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. Councilmember Torrey nominated Lynwood Haith for a second term and Councilmember McBryde nominated a past member, Doyl Hubbard (W/M), 3019 Morganton Road (28303). 12. Administrative Reports: A. Statement of taxes collected for the month of April, 1990, from the Cumberland County Tax Collector in the total amount of $106,472.38 was submitted. Request for Executive Session for Litigation. Councilmember Robertson moved to enter executive session for litigation as requested, seconded by Councilmember McBryde and carried 8 to 0 at 8:07 p.m. Council reconvened into regular session at 8:47 p.m. and there being no further business, the meeting was adjourned upon a motion and seconded. REGULAR MEETING MAY 21, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 116 GREEN STREET MAY 21, 1990 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large); Milo McBryde (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: Roger 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 Robert Bennett, City Engineer Louis Chalmers, Traffic Services Director George Vaughan, City/County Planning Director David Craig, Attorney Members of the Press INVOCATION Captain Priscilla A. Mondt, Chaplain, Fort Bragg, offered the invocation, followed with the Mayor leading in the Pledge of Allegiance to the American flag. 1. Approval of Agenda Mr. Stancil stated that staff is requesting to pull Item 2H.2. from the agenda for further study. The City Attorney requested executive session for litigation and land transaction at the end of the meeting. Councilmember Bolton moved to approve the agenda with the amendments, seconded by Councilmember McBryde and carried unanimously by voice vote. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Kendrick requested to pull Item 2N. for discussion, and Councilmember Torrey requested to pull Item 20. for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of Items 211. and 20. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved: A. Approval of minutes of regular meeting of April 16, 1990. B. Approval of minutes of special information meeting of April 30, 1990. C. Approval of tax refunds. 1. Tax refund in the amount of $25.65 to Namon Forest King for clerical error - billed in wrong tax district. 2. Tax refund in the amount of $135.48 to Colony Place Associates, LTD for clerical error - charged with wrong value. 3. Tax refund in the amount of $63.24 to Alice U. Franck for failure to receive elderly exemption. 4. Tax refund in the amount of $27.67 to Bill E. and Jean H. Hill for clerical error - 1986 Ford Tempo double listed. 5. Tax refund in the amount of $276.16 to Thompson and Little, Inc., for clerical error - illegal tax-vehicles listed in error. 6. Tax refund in the amount of $12.80 to James R. and Helen Robinson for clerical error - did not own 1980 Buick. 7. Tax refund in the amount of $2.20 to Evelyn Nieves for illegal tax-military exempt. 8. Tax refund in the amount of $22.08 to Orlando and Irma Martinez for Illegal/tax-military exempt. 9. Tax refund in the amount of $2.32 to Louis Charles LaRocca for clerical error - 1976 Chevy valued Incorrectly. 10. Tax refund in the amount of $33.00 to Mr. and Mrs. Robert P. Kirkpatrick for clerical error - did not own 1975 Mercedes. D. Adoption of Budget Ordinance Amendment Change 90-13. To transfer $15,000.00 from the Other Appropriations Account (Council Contingency) to the Inspections Department to continue community cleanup. To account for and appropriate donations received for the Martin Luther King Scholarship Program in the amount of $820.00. To transfer $62,900.00 from completed Airport Capital Projects to the Airport Operating Fund to be used to pay utility bills. E. Adoption of Capital Project Ordinance 90-9. To set up the Airport's Marketing Program with the remaining $42,000.00 in a capital project. F. Adoption of Capital Project Ordinance Amendment Changes 90-28 and 90-29. Change No. 90-28 is to appropriate funds from a completed Airport project to the Airport Firefighting Training Facility Project for the purchase of three air-conditIoning units, a rotary broom sweeper, and rehabilitation of a fire truck in the total amount of $15,700.00. Change No. 90-29 is to appropriate $25,046.00 in additional funds we have received from Federal Drug Forfeiture Program to be used by the Police Department for the purchase of miscellaneous equipment and other discretionary items. G. Set public hearing for June 18, 1990, to consider an application by Barbara Taft Leach for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (3), to operate a home for the care of children for an area located at 1903 Newark Street in an RSA Residential District. (P90-53) H. Approval of proposed municipal agreements with N.C. DOT for the following: 1. Project U-1656H -- Improvements on SR 1007 (Owen Drive) and Melrose Road WHEREAS, the North Carolina Department of Transportation has prepared and adopted plans to make certain street and highway improvements within this Municipality under Project U-1656H, Cumberland County, said plans consisting of the Improvement of SR 1007 (Owen Drive) from Village Drive to the All American Expressway in Fayetteville; and, WHEREAS, said Department of Transportation and this Municipality propose to enter into an Agreement for the above mentioned project whereby this Municipality agrees to effect the necessary adjustments of all utilities and to provide the right of way for the project, all without cost to the Department of Transportation; and, WHEREAS, said Department of Transportation agrees to construct the project in accordance with the approved project plans; and WHEREAS, this Municipality agrees to reimburse the Department of Transportation to the extent of $100,00.00 of the cost of the construction of the project with reimbursement to be mad. In three (3) annual payments with the first payment due one (1) year from the date of Award of the Construction Contract. Subsequent annual payments shall be due on the respective anniversary date. WHEREAS, the Agreement will further provide for the establishment, maintenance, and enforcement of traffic operating controls for the regulation and movement of traffic on the project upon its completion. NOW, THEREFORE, BE IT RESOLVED that Project U-1656H, Cumberland County, is hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. 2. (Pulled from agenda.) I. Set public hearing for June 4, 1990, to consider assessment for paving of Carols Avenue (From Boone Trail to Redstone Drive). RESOLUTION DECLARING COSTS AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF CARLOS AVENUE (FROM BOONE TRAIL TO REDSTONE DRIVE). RESOLUTION NO. R1990-59. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1990. J. Award of contract for purchase of seven (7) 2500 kVa Small Power Transformers to Westinghouse Electric Supply Company (Raleigh, NC), low bidder in the amount of $409,464.00. (PWC) Bids received were as follows: EACH TOTAL BID Westinghouse Electric Supply Co. $58,352.00 $408,464.00 Delta Star (Lynchburg, VA) $75,514.00 $528,598.00 Rigby Electric (Rocky Mount, NC) $83,000.00 $581,000.00 Millpower (Charlotte, NC) $94,519.00 $661,633.00 K. Award of contract for purchase of two (2) 1000 MVA Vacuum Circuit Breakers and four (4) 750 MVA Vacuum Circuit Breakers to General Electric Supply Company (Columbia, SC), low bidder in the amount of $138,662.00. (PWC) Bids received were as follows: General Electrical Company $138.662.00 BESCO, Inc. (Jacksonville, FL) $202,532.00 L. Award of contract for purchase of 15,000 8-inch C900, Class 150 PVC Water Pipe to Pump & Lighting Co. (Fayetteville, NC), low bidder in the amount of $58,200.00. (PWC) Bids received were as follows: Pump and Lighting Company $58,200.00 Consolidated Pipe & Supply, Inc. $59,550.00 Ferguson Enterprises $63,150.00 Pipeline Supply Company $63,750.00 Grinnell Corp. $63,750.00 Southern Meter & Supply $63,750.00 Davis Meter & Supply $63,900.00 Miller Supply Company $64,200.00 A&P Water and Sewer $64,500.00 M. Adoption of Demolition Ordinances for the following properties: 1. 1509 Deep Creek Road (Owner: Mr. and Mrs. Curtis Sutton) AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITh RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1990-16. 2. Lot ƒ1 Morganton Road and Tarheel Street (Owner: Richard McPherson, II) AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1990-17. 3. Lot 67 Eleanor Avenue (Owner: John R. Grooves “Heirs") AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1990-18. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1990. Items N. and O. were pulled for discussion and are as follows: N. Adoption of ordinance restricting parking on Thelbert Drive from Bridger Street and Essex Place. Councilmember Kendrick asked for more justification for the restricted parking on Thelbert Drive. Assistant City Manager Stancil responded that this was a request of the residents of the area who complained about the congestion and the use of the area. This is a joint request from the Police Department and the Parks and Recreation to get a better use of the area as requested by the area residents. This is a neighborhood youngsters park with no facilities for adults. Councilmember Torrey stated he felt that the intent was to change the diversity of the park, and he believes the equipment should be removed from the park and converted to a rose garden to eliminate the problem. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 17-RESTRICTED PARKING). ORDINANCE NS1990-19. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1990. O. Readoption of Resolution No. R1990-47, “Amendments to Thoroughfare Plan". Councilmember Torrey asked if this was being readopted for the second time because of the rewording. Mr. Stancil responded that it was. RESOLUTION (AMENDMENT TO FAYETTEVILLE URBAN AREA THOROUGHFARE PLAN). RESOLUTION NO. R1990-59. Councilmember Torrey moved to adopt the foregoing resolution, seconded by Councilmember Bolton and carried unanimously by voice vote. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1990. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for the public hearings. A. Consideration of an ordinance of the City Council of the City of Fayetteville amending Chapter III., “Governing Body", and Chapter IV., “Elections", of the Charter of the City of Fayetteville regarding the terms of election of the Mayor and Members of the City Council. (public Hearing Only) The City Attorney stated this is the second step in the process of amending the City's Charter, the first being to set this public hearing. The public hearing was opened at 7:10 p.m. and there was none to speak in favor. Appearing in opposition was Clinton Harris, 4713 Watauga Road, Coordinator for the Fayetteville/Cumberland County Citizens Association. He stated the citizens could not benefit from the four-year staggered terms. He stated that staggered terms would discriminate against minorities to be elected to a public office in this City. He further stated that if Council's reason is because of the finance in campaigning, he suggests they go to 11 districts to solve the financial burden for campaign. Mr. Harris stated if it was for continuity, he reminded Council that the old practice of taking a newly elected Councilmember under their wing to teach him as they go along is not effective government. He concluded by stating that Council has not stated publicly in their meetings any justification except self-interest as a reason for going to staggered terms and four years. Mr. Peter C. Murray, 5452 Ramsey Street ƒ13, appeared in Opposition because he feels the four-year terms will decrease participation in the elections. He gave a history of the voting during other staggered terms showing a low voting turn out. He urged Council to educate private groups in involving participation and understanding of City government. Bruce Pulliam, 1100 Clarendon Street, stated he was representing over 3,000 citizens who have signed a petition requesting a referendum for citizens to decide on the two-year or four-year terms. He stated the petitions were gathered under the direction of Mrs. Martha Duell, who could not be at the meeting tonight. The City Attorney advised Council if these petitions were accepted tonight, the referendum would not be able to be held in November. Mr. Pulliam stated he would hold the petitions until the proper time for them to be submitted. There being none further to be heard on this matter, the public hearing was closed at 7:21 p.m. Councilmember Robertson moved to set public hearing for July 16 to consider the referendum, seconded by Councilmember Bolton and carried unanimously. B. Consideration of an application by Montessori Children's Home of Fayetteville for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV. Section 32-24, Item (3), to operate a borne for the care of children in a P2 Professional District for an area located east of Cafe Court north of Cape Center Drive. (P90-27) This item was presented by Planning Director George Vaughan stating the public hearing was advertised and notices sent to area residents. The Planning Board recommended approval of the Special Use Permit with findings that the proposed use is not detrimental to the area and that it fits in with the character of the area. The motion passed calling for an addition to the site plan as submitted in addition of a fence that would run from the west property line and include the back playground as well as the building. The public hearing was opened at 7:27 p.m. and appearing in favor was Suzanne Pennink, 2946 Skye Drive. She stated they are not a day care center but a school; however, they are operating also as a day care because of having children three to six. They have complied with all the rules and regulations and inspections. Also in favor was Marilynn Walls, 2590 Edmonton Road, stating this is a school and not a home for special children. She is the mother of two children the school. She stated this is a good school and requests that Council allow them to open in August. Also appearing in favor was Pat Goodson, 1677 Banberry Drive, stating they feel the amazing progress they have seen in their son since enrolling him in this school is credited to the teaching at the Montessori School. She requested the Council vote favorably for this Special Use Permit. Hank Finch, 3 Skye Place, addressed the security of the children within the fenced in area, and the fact that this school will not diminish the value of their property or the adjacent property and should they move out, anyone to use the building for another purpose would have to secure another Special Use Permit. Peter Van Borkulo, 2006 Forest Hills Drive, a board member of the school, requested those present in favor of the Special Use Permit to please stand and there were approximately 35 people who stood in support of this school. He further stated that the parents are all professionals and they need a professional school to teach their children. Appearing in opposition was William T. Allen, 504 Windwood on Skye Drive, stating he was concerned with what would happen in five or ten years from now concerning the safety of a day care center in such a congested area. He stated that as an adjacent property owner, he is concerned with what will happen to the property after the school moves because he feels they will enlarge and move on to another area. He concluded by stating he was not opposed to the concept of the school but only the safety of a child because of traffic. John R. Langley, 3616 Cape Center Drive, appeared in opposition stating he is a property owner across from the property Mr. Allen had recently purchased. Dr. Langley stated that he is also concerned with the safety of the children despite the fact that a fence was going to be installed. He reiterated all the concerns of Mr. Allen and requested that Council disapprove the Special Use Permit. There being none further to be heard on this matter, the public hearing was closed at 7:58 p.m. The City Attorney stated for clarification this will take a simple majority and the Special Use Permit goes with the property for the same use by someone else if approved. Councilmember Kendrick asked for the average operational hours. Ms. Pennink responded that it would be the normal school hours Monday through Friday and the drop off and pickup times are staggered to prevent a congestion of cars at one time. Councilmember McBryde stated that possible danger to children by traffic is an everyday fact of life, therefore, he moved to approve the Special Use Permit with the findings and conditions as recommended, seconded by Councilmember Kendrick and carried unanimously. C. Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 1541 Purdue Drive. (P90-29) The item was presented by Planning Director Vaughan. This is an advertised public hearing and notices have been mailed. Mr. Vaughan stated the Planning Board recommends approval based on the following: that the requested rezoning is the logical extension of the P2 Professional District located to the north. The public hearing was opened at 8:07 p.m. and speaking in favor was Johnnie Hall, 1535 Purdue Drive, stating he is requesting this rezoning because of future congestion in the area because of development that is in progress. Mr. John Ray, 2516 Arlington Street, stated he was the only adjoining property owner and was in favor of the rezoning. None appeared in opposition to this matter. There being none further to be heard on this matter, the public hearing was closed at 8:09 p.m. Councilmember Cheek asked if screening could be required in the P2 district and Mr. Vaughan responded the zoning ordinance does not permit screening requirements in P2 districts. Councilmember Bolton moved to approve the rezoning as requested, seconded by Councilmember Robertson and carried unanimously. D. Consideration of the rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the north side of Chance Street, east of Mechanic Street. (P90-32) This item was presented by Planning Director Vaughan. This is an advertised public hearing and notices have been mailed to area residents. Mr. Vaughan stated the Planning Board recommends approval based on the following: that the requested rezoning places all of the property under the same ownership in the same zoning classification. Councilmember Ross asked if the area residents would be able to rebuild their homes if they were lost to fire or flood. Mr. Vaughan responded that if the property that a resident is on was rezoned to C3 then they would not be able to rebuild. The public hearing was opened at 8:13 p.m. and speaking in favor of the rezoning was petitioner Alan Purdie, 329 Circle Drive, stating they are petitioning for this rezoning because the family business of A. K. McCollum has been located on this property for 45 years and they would like to have all of their property under the same zoning classification. He gave a history of the company and land. He stated the area is mostly industrial. Appearing in opposition was Margaret Gillespie, 111 Cumberland Street. She stated she is a retired senior citizen and her home is fenced in by the boat company and she feels she is living in a prison. Arthur Gillespie, 111 Cumberland Street, also appeared in opposition stating he is against the boats and fencing in the whole neighborhood. The next speaker in opposition was Beatrice L. Jones, 128 Chance Street. She stated she also is a retired senior citizen and she feels the rezoning of this property will decrease the value of her property to the safety and health of the area. Ms. Jones stated she had talked with area residents and they are not in favor of the rezoning. Another retired senior citizen, Essie Howell, 531 Mechanic Street, repeated the same objections that Mrs. Jones and Mrs. Gillespie had stated above. Mrs. Daisy Rainee, 122 Chance Street, was also opposed to the fence and the boats being piled in the area. Mr. Purdie appeared in rebuttal stating that Mrs. Gillespie had a fence in the back and one side of her house before they put their fence up and it was put behind the hedge that Mrs. Gillespie had put on the Purdie's property. He also stated that each neighbor mentioned being forced from their property and that he could not, nor did he want to force anyone from their property. Mrs. Raines was recognized in rebuttal stating that the Purdie property has a lot of debris piled creating rats and the boats have snakes. There being none further to be heard on this matter, the public hearing was closed at 8:40 p.m. Councilmember McBryde restated that since Mr. Purdie would be able to put a fence whether this property was rezoned or not moved to follow the recommendation of the Planning Board to rezone, seconded by Councilmember and carried 6 to 3 with Councilmembers Ross, Pillow, and Torrey voting against. F. Consideration of an application by David B. Alabaster and wife, Diane M. Alabaster, for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, item (3), to operate a home for the care of children in a P2 Professional District for an area located at 1910 Owen Drive. (P90-36) This item was presented by Planning Director George Vaughan. This is an advertised public hearing and notices have been sent to area residents. Mr. Vaughan display a map outlining the existing zoning and land use in area. He stated the Planning Board recommends approval of the requested the Special Use Permit based on the findings that it fits in with the character of the area and has no detrimental effect on the neighborhood provided that the following conditions are approved: 1. That the site be developed in accordance with the site plan. 2. That a landscape buffer be installed along the southern and southwestern property lines which adjoin residentially zoned property. Councilmember Kendrick asked it a parking lot could be considered a buffer. Mr. Vaughan responded that in this case the intention was that it be a shrub or hedge. The public hearing was opened at 8:42 p.m. and appearing in favor was Herb Thorp, representing the petitioner. Mr. Thorp stated Mrs. Alibaster has been operating another day care center for the past 24 years very successfully. He presented several letters from residents in the area in favor of this request and also read a letter of support from Senator Lura Tally. Mr. Thorp stated since the Planning Board had approved this recommendation with conditions, Mrs. Alibaster has begun making improvements to the property and complying with conditions. There was none to speak in opposition to this matter and the public hearing was closed at 8:51 p.m. Mayor Pro-Tem Evans moved to approve the Special Use Permit with findings and conditions as stipulated by the Planning Board. The motion was seconded by Councilmember Bolton and carried unanimously. 4. Planning Board Matters: A. 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 at 2917 Murchison Road. (P90-40) This item was presented by Planning Director Vaughan displaying a map outlining existing zoning and land use in the area. He stated the Planning Board recommended approval of the first 500-feet depth to the C3 heavy commercial district because this portion of Murchison Road is a primary business district, and the balance of the tract be rezoned from C1 to the R6 district. Mayor Pro-Tem Evans moved to follow the recommendation of the Planning Board and Councilmember Pillow seconded. Council asked Mr. Vaughan if this is what the petitioner wanted. Mr. Vaughan responded the petitioner was not in favor or an R6, however, he did not file a protest petition. Councilmember McBryde moved to set a public hearing for June 18, seconded by Councilmember Kendrick and carried 5 to 4 with Councilmembers Ross, Cheek, Pillow, and Torrey voting against. B. Consideration of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located on the west side of North Street, north of Wall Street. (P90-49) Councilmember Bolton moved to rezone as requested, seconded by Mayor Pro-Tem Evans. Councilmember Torrey asked if there is a radio tower on this location. Planning Director Vaughan responded WFAI has a tower nearby. Councilmember Cheek stated she feels this is an intrusion into the residential area and encourages Council to leave the zoning as it is. Mayor Dawkins called for a vote on the motion and it failed 3 to 6 with Councilmembers Ross, Kendrick, Evans, Cheek, Pillow, and Robertson voting against. City Attorney Cogswell advised Council that when action other than the recommendation of the Planning Board is passed a public hearing must be set, according to ordinance. Councilmember Cheek moved to set a public hearing for June 18, 1990, seconded by Councilmember Robertson and carried unanimously. C. Consideration of the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located on the south side of Clarendon Street, east of Spring Street. (P90-51) This item was presented by Planning Director Vaughan displaying a map outlining the existing zoning and land use in the area. He stated that the Planning Board recommends approval of rezoning request. Mayor Pro-Tem Evans asked Mr. Vaughan what the Planning staff recommended. Mr. Vaughan responded the Planning staff recommends denial of the requested rezoning based on the following: that rezoning the property would constitute an encroachment of off ice uses into predominantly residential area. Mayor Pro-Tem Evans moved to deny the rezoning request, seconded by Councilmember Kendrick. The motion passed unanimously. Councilmember McBryde moved to set a public hearing for June 18, 1990, seconded by Mayor Pro-Tem Evans and carried unanimously. Presentation by David B. Craig regarding sale on Sunday of alcoholic beverages. Mr. Craig stated that state's statues allows those who have brown bagging and mixed beverage permits to sell during the hours between 1:00 p.m. on Sunday and Monday morning. He stated that larger businesses were able to put in 36 seats to make a restaurant in order to get the mixed beverage permit even though they do not carry mixed beverages, just to be able to sell beer and wine on Sunday. Mr. Craig stated this is unfair to the minority and smaller businesses that do not have the space nor the funds to put in 36 seats in order to get a mixed beverage permit to sell beer and wine on Sunday. Mr. Craig stated his request is to make it uniform by changing the City ordinance. Councilmember Robertson moved to have the City Attorney place a proposed ordinance on the next agenda, seconded by Councilmember Ross. 6. Consideration of adoption of an ordinance of the City Council of the City of Fayetteville amending Section 20-96, “Civil Penalties", of the Fayetteville city Code of Ordinances. ORDINANCE AMENDING SECTION 20-96, “CIVIL PENALTIES". ORDINANCE NO. S1990-7. Councilmember Bolton 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 S1990. 7. Consideration of the adoption of a resolution setting public hearing for June 15, 1990, to consider the second petition for paving of Dillon Drive from Carlos Avenue to Dead End. This item was presented by City Engineer Bennett stating the petition represented 14 of the 27 property owners abutting Dillon Drive and is a valid petition. PRELIMINARY ASSESSMENT RESOLUTION. RESOLUTION NO. R1990-60. Councilmember McBryde introduced the foregoing resolution adoption, seconded by Mayor Pro-Tem Evans and carried 8 to 1 with Councilmember Robertson voting against. A copy of the foregoing resolution is on file in the Clerk's office in Book R1990. 8. Consideration of Resolutions fixing date of public hearing on questions of annexation - (petition-Initiated Annexations) (Recommended public hearing date is June 4, 1990): A. Holt Oil Company Property - College Lakes Amoco RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION R1990-61. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. B. Kings's Grant Club Property - Gregg Court Area Mr. Stancil stated that the petitions are sufficient with change of three owners of Gregg Court having been added to icing's Grant Club property petition. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION NO. R1990-62. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by councilmember Cheek and carried 7 to 2 with Councilmembers Torrey and Ross voting against. C. Raleight Road Area - Consolidation of 4 Annexation Petition Areas: 1. T&M Investments Property - Homewood Subdivision 2. Cedar Falls Baptist Church Property 3. Saratoga Farms Section One 4. Andrews Road Shopping Center RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION NO. R1990-63. 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 against. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1990. 9. Appointments: A. Nominations/Election to fill one vacancy on Board of Appeals on Dwellings and Buildings. Mayor Dawkins called for a vote on the two nominations to fill the one vacancy. Linwood Haith received four votes and Doyle Hubbard was elected with five votes to fill the vacancy of the three-year term to May 1993. 10. Administrative Reports: Councilmember Bolton moved to enter executive session for litigation and property acquisition, seconded by Councilmember Kendrick and carried unanimously at 9:32 p.m. Council reconvened into regular session into regular session at 9:55 p.m. City Attorney Cogswell recommended Council authorize execution of a contract between the City and Barnhill Contracting Company, Inc. that would permit the City to continue with its current paving, water and sewer projects on the extension of Meharry Drive from its southern terminus onto Shaw Mill Road that they currently own in the form of an easement preserving to Barnhill Construction all their rights under the condemnation statutes as well as the assessment statutes. Councilmember Kendrick moved to approve the contract as recommended, seconded by Councilmember Torrey and carried unanimously. Mayor Dawkins reminded everyone of the information meeting being on Tuesday, May 29, 1990, because of the Memorial Day holiday. Also, there will be an Elderly/Handicapped Transportation Assistance Program dedication tomorrow at 10:00 a.m. Councilmember Pillow requested to be excused from the May 29, 1990, Information Meeting. Councilmember McBryde moved to excuse Councilmember Pillow as requested, seconded by Councilmember Bolton and carried unanimously by voice vote. Mayor Pro-Tem Evans reminded everyone of the City/County Liaison Meeting on Thursday, May 24, 1990, at Belk's conference room at the Cross Creek Mall. Councilmember Pillow thanked those Councilmembers present at the legislative breakfast this morning. Mayor Dawkins commented we want to stay in touch with the legislators. There being no further business, the meeting was adjourned at 10:00 p.m. INFORMATION MEETING TUESDAY, MAY 29, 1990 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER TUESDAY, MAY 29, 1990 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Nat Robertson, Jr., Milo McBryde, Tommy Bolton, Ida Rose, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Absent: Councilmember Joseph Pillow 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 Mayor Dawkins called the meeting to order and offered the invocation. He then led in the Pledge of Allegiance to the American Flag. Mayor Dawkins recognized City Manager John Smith for summary of his recommended budget. City Manager Smith stated that he would summarize the contents of the budget and the actual document would be delivered to Council by the end of the week. Upon review of the department head requests, staff found that requests were approximately $17 million in excess of proposed revenues. Mr. Smith reviewed revenue sources in 89-90 and 90-91. He also stated that the City is a labor-intensive organization with over 70 percent of our General Fund budget going for personnel services. The increase in personnel costs for this fiscal year will exceed $1.3 million, including a 20 percent increase in health care costs. Staff is also planning to review automatic pay plan increases to reduce personnel service increases over which there is little control. Mr. Smith stated that increases in required expenditures including debt service for currently authorized bonds and ongoing lease purchases plus new requirements for underground storage tanks will offset any revenue growth. He also indicated that he will be recommending increases in sanitation and inspection fees and looking at transit fares. Councilmember Evans asked that the Council discuss the unappropriated fund balance with Councilmember McBryde stating that we need to continue building that fund balance. Mayor Dawkins suggested that the first budget session be June 11 at the Environmental Services Conference Room. Council could assemble at 6 p.m. for dinner and begin meeting at 6:30. Upon motion by Councilmember McBryde, seconded by Councilmember Cheek, Council voted unanimously to meet June 11 at 6:30 p.m. at the Environmental Services Conference Room. Councilmember Kendrick asked for discussion on back yard trash pick up, auto decals, and requested a list of current user fees. Upon motion by Councilmember Bolton, seconded by Councilmember Ross, Council voted unanimously to adjourn. REGULAR MEETING MONDAY, JUNE 4, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS MONDAY, JUNE 4, 1990 7:00 P.M Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large), Milo McBryde (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: Roger 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 Tim Wood, PWC Manager Bay Britt, Director of PWC Finance Service Kai Nelson, Finance Director Barbara Lincoln, Deputy Tax Collector Members of the Press INVOCATION Mayor Dawkins called on City Attorney Bob Cogswell to offer the invocation followed by the Pledge of Allegiance to the American Flag being led by Mayor Dawkins. RECOGNITION Mayor Dawkins stated that City Manager John Smith was not recovering from back pain as hoped and we all wish him well. At this time Assistant City Manager Stancil introduced the new Finance Director, Mr. Kai Nelson, former Kinston, North Carolina, Finance Director. Mr. Stancil stated that Assistant City Manager Ben Brown has done an admirable job filling in until this position could be filled. 1. Approval of Agenda Councilmember Bolton moved to approve the agenda, seconded by Councilmember Kendrick and carried unanimously by voice vote. 2. Consent: Mayor Dawkins presented the Consent agenda and asked if any items should be removed before calling for action. Mr. Stancil requested that Item 2D. be pulled from the agenda for more study. Councilmember Cheek requested to pull Item 2B., 2C., and 2L. Al Mitchell requested to pull item 2N., and Councilmember Kendrick requested to pull Item 2A. for discussion. Councilmember Bolton moved to approve the consent agenda with the exception of Items 2B., 2C., 2D., 2L., 2N., and 20. After a second from Councilmember McBryde the consent agenda and following items were unanimously approved. A. Approval of minutes of City Council regular meeting of May 7, 1990. B. (PULLED FROM AGENDA) C. (PULLED FOR DISCUSSION) D. (PULLED FOR DISCUSSION) E. Adoption of Capital Project Ordinance 90-10. This ordinance is necessary to set up the 1990 Rental Rehabilitation Program. The U.S. Department of Housing and Urban Development Grant is in the amount of $57,000 and is designated for our CDBG target areas. F. Adoption of Capital Project Ordinance 90-11. This ordinance is necessary to set up our N.C. Department of Economic and Community Development Emergency Shelter Grants Program. A grant has been received in the amount of $59,485, which will be used to fund the Agape Covenant Rouse, Charles A. Stevens Center, Johnson Center, Maranatha House, and the Myrover-Reese Fellowship House. G. Adoption of Capital Project Ordinance Amendment Change 90-30. This amendment change is needed to transfer raining funds from Community Development Block Grant Years 10, 11, and 12 and into Year 13 project which is ongoing, in the amount of $3,567,080. H. Adoption of Capital Project Ordinance Closeout 90-7. This closeout reflects completion of Transit Mall Construction Project, which was 80 percent funded by an UMTA grant, 10 percent from the State, and 10% from the Downtown Circulation Fund. Project expenditures estimated were $3,705,499 and actual was $2,848,628. I. Adoption of Capital Project Ordinance Closeout 90-6. This closeout reflects completion of the project to reconstruct Grove Street Parking Lot which was funded by UMTA and NCDOT grants for an estimated $338,325 and actual was $327,923. J. Adoption of Capital Project Ordinance Closeout 90-9. This closeout reflects the completion of Airport Terminal and Baggage Area Renovation Project, which was funded by Federal and State grants for an estimated $4,825,132 and actual of $4,807,946. K. Set public hearing for June 18, 1990, to consider the budget for Fiscal Year 90-91. L. (PULLED FOR DISCUSSION) M. Set public hearing for July 2, 1990, to consider the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on Baxter Street and lying on the north side and south side of Southview Drive. (P90-62) N. (PULLED FOR DISCUSSION) O. (PULLED FOR DISCUSSION) P. Approval of correction to demolition ordinance adopted May 21, 1990. AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. (LOT ƒ67, ELEANOR STREET) ORDINANCE NO. NS1990-20. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1990. Q. Approval of request by The Fayetteville Generals, Magic 98, Budweiser and Advance Auto for fireworks display on July 4, 1990. R. Award of contract for purchase of four (4) 500 kVa 208/120 Padmount Transformers to Rigby Electric Supply in the amount of $28,505.65, and to Eastern Electric for purchase of five (5) 500 kVa 480/277 Padmount Transformers, low evaluated bidders in the amount of $27,399.15. (PWC) 2B. Adoption of resolutions to acquire two parcels of right-of-way to accommodate the reconstruction of the Cain Road Dam. Councilmember Cheek asked for a little more information on this request since it involves the back yards. City Engineer Bennett responded that the parcels are needed for the slope and outfall drainage system away from the dam to accommodate the state requirements. Councilmember Cheek stated that since this is in the middle of someones yard and there are several angles, she wondered if this was the best way to do it. Mr. Bennett responded that this follows an existing stream channel tieing stream channel to the dam outlet. It is necessary for it to be in that location. Councilmember Cheek asked if we are responsible for keeping this area in good condition during our work and Mr. Bennett responded that we were. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL E-11A, PART 2 - $2,525). RESOLUTION NO. R1990-64. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL E-12, PART 2 - $4,500). RESOLUTION NO. R1990-65. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1990. 2C. Approval of award of contract (Project #12-385-89) for reconstruction of the Cain Road Dam and roadway across the dam. Recommend awarding to low bidder, Barnhill Contracting Company in the amount of $680,927.50. Councilmember Cheek asked what the completion date of the project is and if it has a time performance clause. Mr. Bennett responded that the completion date is December 1990 and there is a time and a penalty for failure to complete. This includes the roadway across the dam. The three lowest bidders are as follows: Barnhill Contracting Company $660,927.50 Carlisle Contractors, Inc. $713,640.50 B.M.C.O. Construction, Inc. $658,022.50 *CITY ESTIMATE $659,048.00 Complete bid tabulation is attached to and made a part of these minutes. The recommendations are that the City Council award a contract to Barnhill Contracting Company in the amount of $680,927.50 for the construction of the Cain Road Dam and that the City Manager budget $755,000.00 for the actual construction of this dam. 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 Company 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 Company at and for the rates and prices set out in the 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 Cheek moved to award the contract as recommended, seconded by Councilmember Pillow and carried unanimously by voice vote. 2L. Adoption of revision to Ramsey Street speed limit, Section 20-106, Schedule 8. Councilmember Cheek asked to see a map of where this location is and the status of the reduction to 45 miles an hour. Traffic Engineer Chalmers displayed a map and reviewed the location. He stated the we first need to concur with the Department of Transportation on the 55 mile per hour speed limit. Following some further discussion, Councilmember Cheek asked if this concurrence of this 55 miles an hour would hurt the chances of getting the traffic signal light at the Methodist College area and Mr. Chalmers responded that it should not affect it. AN ORDINANCE AMENDING SECTION 20-106, “MOTOR VEHICLES AND TRAFFIC". ORDINANCE NO. NS1990-21. Councilmember Cheek introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously by voice vote. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1990. At this time Councilmember McBryde asked Chalmers for the installation date of the Cain Road/Rogers Drive traffic light. Mr. Chalmers responded that the equipment is on requisition and the poles should be going up within the next few weeks. 2N. Approval of the rezoning from R6 Residential District and M2 Industrial District to M1 Industrial District or to a more restrictive zoning classification for an area located south of Shaw Mill Road east of Murchison Road (N.C. HWY 77/210). (P90-60) Mr. Mitchell stated this was pulled because of an error in the second paragraph of the memo which reads that the staff recommends approval of the requested rezoning to M2 Industrial District and should read M1 Industrial District because this site meets the criteria for an urban industrial location as defined in the 1971 Land Use Policy Plan. Councilmember Kendrick asked if we would be able to specify buffers. Mr. Mitchell responded that in rezoning cases Council could not indicate anything in detail. However, the ordinance for industrial districts do carry a buffer provision of four foot. Mayor Pro-Tem Evans moved to approve the rezoning as requested, seconded by Councilmember Kendrick and carried unanimously. 2O. Approval of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located on the east side of Racepath Street, north of Person Street. (P90-65) Councilmember Kendrick stated it appears that the M2 is surrounded by R5. Mr. Mitchell responded that his is just an extension of the M2 that is recommended by staff because the 1971 Land Use Plan calls for industrial uses within this area and the 1981 Eastern Boulevard Plan calls for industrial development in this area. Following questions and answers by Council of Mr. Mitchell, Councilmember Robertson moved to approve the rezoning as requested, seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Kendrick voting against. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for the public hearings. A. Consideration of resolution confirming assessment roll and levying assessments for paving of Carlos Avenue (from Boone Trail to Redstone Drive). This item was presented by City Attorney Cogswell stating that a public hearing had been published for this date and hour and certified that all affected property owners had been notified by first class mail. Mr. Cogswell also stated the 30 percent discount for early pay applies to this assessment. Councilmember Robertson asked if the date on the assessment roll of May 23, 1977, was correct. Mr. Cogswell responded that this should read 1987 instead of 1977. Councilmember Torrey asked for the criteria for life state. Mr. Cogswell responded that it would be difficult to explain the whole procedure but it means that the life tenant does not pay the full amount of this assessment - it is shared by the other designees. Councilmember Robertson asked if this was by petition and Mr. Bennett responded that it was. The public hearing was opened at 7:28 p.m. and there were no proponents or opponents on this matter. RESOLUTION CONFIRMING -ASSESSMENT ROLL AND LEVYING ASSESSMENTS (CARLOS AVENUE). RESOLUTION NO. R1990-66. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Robertson voting in opposition at 7:31 p.m. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. B. Consideration of an application by Charles S. Hester for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (3) to expand an existing home for the care of children in a P2 Professional District for an area located at 3005 Boone Trail Extension. (P90-42) A public hearing has been advertised for this date and hour. This item was presented by Assistant Planning Director Al Mitchell stating that the Planning Board recommends approval with the findings that the expansion of the day care center is not detrimental to the neighborhood and is in keeping with the character of the area and with the condition that the east side of the property have a landscape buffer or solid fencing material. The public hearing was opened at 7:37 p.m. and speaking in favor was Mr. Charles Hester, 338 Collingwood Drive. Mr. Hester stated that he was representing the Pre-School and they are planning to add on. They now have a fence and will continue this fencing. They also have Redtip shrubs in front of the fence. There were no opponents to speak on this matter and the public hearing was closed at 7:38 p.m. Mayor Pro-Tem Evans moved to approve the Special Use Permit as requested with the findings and conditions as specified above, seconded by Councilmember Ross. Councilmember Kendrick offered a friendly amendment to the motion to include the continuation of the fencing and greenery. Mrs. Evans and Ms. Ross accepted the amendment. The motion carried unanimously. C. Consideration of ordinance to extend the corporate limits of the City of Fayetteville, N.C. (pursuant to G.S. 160A-31, as amended, petition - initiated) (Holt Oil Company Property - College Lakes Amoco - 4117 Ramsey Street). This item was presented by Assistant City Manager Stancil stating that this is by petition and there are no residents on the property. The effective date for this ordinance would be June 30, 1990. The public hearing was opened at 7:40 p.m. and there were no proponents or opponents to speak on this matter and the public hearing was closed. AN ORDINANCE TO EXTENDED THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (HOLT OIL COMPANY, INC. PROPERTY - COLLEGE LAKES AMOCO, 4117 RAMSEY STREET). ANNEXATION NO. 90-6-330. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in annexation Ordinance Book 1990. D. Consideration of ordinance to extend the corporate limits of the City of Fayetteville, N.C. (pursuant to G.S. 160A-51, as amended, petition - initiated) (King's Grant Club - Gregg Court Area). This item was presented by Assistant City Manager Stancil stating that the recent annexation of King's Grant Club property, the portion of Gregg Court was left off and this item is a petition for that area to be included. This area has three residents. Councilmember Torrey asked what was PWC's new policy for sewer into newly annexed areas. Mr. Britt responded that they would reimburse the individual developer € of the cost of the main extension when they come into the City. The public hearing was opened at 7544 p.m. There were not proponents or opponents and the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (KING'S GRANT CLUB PROPERTY - GREGG COURT AREA). ANNEXATION ORDINANCE NO. 90-E-331. Councilmember McBryde introduced the foregoing ordinance 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 ordinance is on file in the Clerk's office in Annexation Ordinance Book 1990. E. Consideration of ordinance to extend the corporate limits of the City of Fayetteville, N.C. (pursuant to G.S. 160A-31, as amended, petition - initiated) (Raleigh Road consolidated area. Four petition areas have been consolidated into one areas). The four areas are: 1. Cedar Falls Baptist Church 2. Homewood Subdivision 3. Saratoga Farms. Section One 4. Andrews Road Shopping Center This item was presented by Mr. Stancil stating that the Homewood Subdivision roads have not been accepted by NCDOT and as in very bad shape. It is staff's recommendation that the streets not be accepted in Homewood Subdivision until they meet the City standards. Councilmember Kendrick asked if the streets were not brought up to City standards and we don't accept them, then the develops does not have to build them that way. Mr. Stancil responded that the developer could build the subdivision development just like they can do currently. However, if they want the streets to be accepted by the City they will have to be done by City standards or brought up to City standards. The public hearing was opened at 7:53 p.m. and appearing in favor was Stacy Weaver representing the Andrews Road Shopping Center developer. He stated the shopping center is under development and has paid for bringing in the sewer line and rearranging the streets. He stated there would be no residents at that site and would be a substantial addition to the tax base of the City. Mr. Weaver stated they are requesting that the annexation be granted and effective immediately because it is crucial to his client's financing. There was none to speak in opposition and the public hearing was closed at 7:58 p.m. Mr. Stancil stated that the staff has no problem with this effective date including the Fire Department debt. AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE (RALEIGH ROAD AREA - CONSOLIDATION OF FOUR PETITION AREAS). ANNEXATION ORDINANCE NO. 90-6-332. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, effective before midnight June 4, seconded by Councilmember McBryde and carried 6 to 3 with Councilmembers Torrey, Ross, and Kendrick voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1990. At this time Mayor Dawkins inquired about the health of PWC Chairman, Tommy McCoy. Mr. Wood responded that Mr. McCoy had gone home from the hospital following surgery and was recuperating. 4. PWC Matters: A. Consideration of approval of PWC 1989-1990 Budget Amendment ƒ1. This item was presented by PWC Manager Tim Wood. He reviewed a few points of the lengthy document. He stated there had been a mild summer and a mild winter, whereby their sales were not as much as they were suppose to be, so their revenue estimates were down by 1 ¼ million dollars. He concluded his report by stating this review was only the highlights of a 4.8 million dollar budget amendment. Mayor Pro-Tem Evans moved to approve the budget amendment as requested, seconded by Councilmember Bolton and carried unanimously. 5. Consideration of the following Park Bonds issues: A. Consideration of a Bond Order Authorizing the Issuance of General Obligation Park Bonds of the City of Fayetteville in the maximum aggregate principal amount of $6,555,000 (General parks Project) for the purpose of financing, in part, the acquisition of property for parks and recreational facilities and the acquisition, construction, and equipping of park and recreational facilities within the City of Fayetteville. This item was presented by Assistant City Manager Brown recommending public hearings be set for June 18. The following Bond Order was discussed and its title was read: BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARK BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $8,555,000 (GENERAL PARKS PROJECT) FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION OF PROPERTY FOR PARKS AND RECREATIONAL FACILITIES AND THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF PARK AND RECREATIONAL FACILITIES WITHIN THE CITY OF FAYETTEVILLE. WHEREAS, the Council of the City of Fayetteville (the Council) has decided to pursue the issuance of general obligation park bonds in an aggregate principal amount of $8,555,000 under the Local Government Bond Act (the Act) to finance, in part, the acquisition of property for parks and recreational facilities and the acquisition, construction and equipping of park and recreational facilities within the City of Fayetteville; and WHEREAS, the Council has filed an application with the Local Government Commission of North Carolina for approval of such bonds as required by the Act; BE IT ORDERED BY THE COUNCIL OF THE CITY OF FAYETTEVILLE: 1. It is hereby determined necessary and expedient for the City of Fayetteville to borrow money, and there are hereby authorized to be issued general obligation park bonds of the City of Fayetteville for the purpose of providing money to finance, in part, the acquisition of property for parks and recreational facilities and the acquisition, construction and equipping of park and recreational facilities within the City of Fayetteville. 2. The bonds shall be in an aggregate-principal amount not to exceed $8,555,000. 3. The bonds shall be general obligations of the City of Fayetteville for the payment of principal of and interest on which its full faith and credit shall be irrevebly pledged and taxes will be levied in an amount sufficient to pay the principal of and interest on the bonds. 4. A sworn statement of debt has been filed with the Clerk to the Council pursuant to G.S. 159-55 and is open to public inspection. 5. The Bond Order will take effect when approved by the voters of the City of Fayetteville pursuant to G.S. 159-61. Councilmember Evans then moved that the foregoing Bond Order be introduced, motion seconded by Councilmember McBryde and carried unanimously. B. Consideration of a Resolution Providing for Public Hearing on Bond Order for $8,555,000 General Obligation Park Bonds (General Parks Project) of the City of Fayetteville and publication of bond order and notice of hearing and other action. The following resolution was introduced and its title was read: RESOLUTION PROVIDING FOR PUBLIC HEARING ON BOND ORDER FOR $8,555,000 GENERAL OBLIGATION PARK BONDS (GENERAL PARKS PROJECT) OF THE CITY OF FAYETTEVILLE AND PUBLICATION OF BOND ORDER AND NOTICE OF HEARING AND OTHER ACTION. RESOLUTION NO. R1990-67. WHEREAS, There has been introduced to the Council of the City of Fayetteville a Bond Order entitled, “BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARK BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $8,555,000 (GENERAL PARKS PROJECT) FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION OF PROPERTY FOR PARKS AND RECREATIONAL FACILITIES AND THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF PARK AND RECREATIONAL FACILITIES WITHIN THE CITY OF FAYETTEVILLE"; and WHEREAS G.S. 159-54 provides there shall be a public hearing on each Bond Order and G.S. 159-56 provides for publication of the Bond Order and notice of the hearing; NOW, THEREFORE, the Council of the City of Fayetteville, meeting in regular session on June 4, 1990, do the following: 1. A public hearing on the Bond Order shall be held at 7 p.m. in the Council Chambers, Fayetteville, North Carolina, on June 18, 1990. 2. The Clerk to this Council shall cause the Bond Order, with a statement appended in form described by G.S. 159-56, to be published in The Fayetteville Observer. 3. The Mayor is hereby designated to file the statement of debt required by G.S. 159-55. 4. The completed firm of application to the Local Government Commission with respect to the proposed bonds is hereby approved. 5. This resolution shall take effect immediately. Councilmember Evans moved the passage of the foregoing resolution and Councilmember Ross seconded the motion, and the resolution passed unanimously. C. Consideration of a Bond Order Authorizing the Issuance of General Obligation Park Bonds of the City of Fayetteville in the maximum aggregate principal amount of $2,200,000 (Swimming Pool Projects) for the purpose of financing, in part, the renovation, construction, and equipping of swimming pool facilities in the City of Fayetteville. The following Bond Order was discussed and its title was read: BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARK BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 (SWIMMING POOL PROJECTS) FOR THE PURPOSE OF FINANCING, IN PART, THE RENOVATION, CONSTRUCTION AND EQUIPPING OF SWIMMING POOL FACILITIES IN THE CITY OF FAYETTEVILLE. WHEREAS, the Council of the City of Fayetteville (the Council) has decided to pursue the issuance of general obligation park bonds in an aggregate principal amount of $2,200,000 under the Local Government Bond Act (the Act) to finance, in part, the renovation, construction and equipping of swimming pool facilities within the City of Fayetteville; and WHEREAS, the Council has filed an application with the Local Government Commission of North Carolina for approval of such bonds as required by the Act, BE IT ORDERED BY THE COUNCIL OF THE CITY OF FAYETTEVILLE: 1. It is hereby determined necessary and expedient for the City of Fayetteville to borrow money, and there are hereby authorized to be issued general obligation park bonds of the City of Fayetteville for the purpose of providing money to finance, in part, the renovation, construction and equipping of swimming pool facilities within the City of Fayetteville. 2. The bonds shall be in an aggregate principal amount not to exceed $2,200,000. 3. The bonds shall be general obligations of the City of Fayetteville for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged and taxes will be levied in an amount sufficient to pay the principal of and interest on the bonds. 4. A sworn statement of debt has been filed with the Clerk to the Council pursuant to G.S. 159-55 and is open to public inspection. 5. This Bond Order will take effect when approved by the voters of the City of Fayetteville pursuant to G.S. 159-61. Councilmember Pillow then moved that the foregoing Bond Order be introduced, motion was seconded by Councilmember Ross and carried unanimously. D. Consideration of a Resolution for Public Hearing on Bond Order for $2,200,000 General Obligation Park Bonds (Swimming Pool Projects) of the City of Fayetteville and publication of bond order and notice of hearing and other action. The following resolution was introduced and its title was read: RESOLUTION PROVIDING FOR PUBLIC HEARING ON BOND ORDER FOR $2,200,000 GENERAL OBLIGATION PARK BONDS (SWIMMING POOL PRODUCTS) OF THE CITY OF FAYETTEVILLE AND PUBLICATION OF BOND ORDER AND NOTICE OF HEARING AND OTHER ACTION. RESOLUTION NO. R1990-68. WHEREAS, There has been introduced to the Council of the City of Fayetteville a Bond Order entitled, “BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARK BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 (SWIMMING POOL PROJECTS) FOR THE PURPOSE OF FINANCING, IN PART, THE RENOVATION. CONSTRUCTION AND EQUIPPING OF SWIMMING POOL FACILITIES WITHIN THE CITY OF FAYETTEVILLE"; and WHEREAS G.S. 159-54 provides there shall be a public hearing on each Bond Order and G.S. 159-56 provides for publication of the Bond Order and notice of the hearing; NOW, THEREFORE, the Council of the City of Fayetteville, meeting in regular session on June 4, 1990, do the following: 1. A public hearing on the Bond Order shall be held at 7 p.m. in the Council Chambers, Fayetteville, North Carolina, on June 18, 1990. 2. The Clerk to this Council shall cause the Bond Order, with a statement appended in form described by G.S. 159-56, to be published in The Fayetteville Observer. 3. The Mayor is hereby designated to file the statement of debt required by G.S. 159-55. 4. The completed form of application to the Local Government Commission with respect to the proposed bonds is hereby approved. 5. This resolution shall take effect immediately. Councilmember Ross moved the passage of the foregoing resolution and Councilmember Pillow seconded the motion, and the resolution passed unanimously. E. Consideration of a Bond Order Authorizing the Issuance of General Obligation Park Bonds of the City of Fayetteville in the maximum aggregate principal amount of $750,000 (Linear Park Project) for the purpose of financing, in part, the construction and equipping of a Linear Park in the downtown area of the City of Fayetteville. The following Bond Order was discussed and its title was read: BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARK BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $750,000 (LINEAR PARK PROJECT) FOR THE PURPOSE OF FINANCING, IN PART, THE CONSTRUCTION AND EQUIPPING OF A LINEAR PARK IN THE DOWNTOWN AREA OF THE CITY OF FAYETTEVILLE. WHEREAS, the Council of the City of Fayetteville (the Council) has decided to pursue the issuance of general obligation park bonds in an aggregate principal amount of $750,000 under the Local Government Bond Act (the Act) to finance, in part, the construction and equipping of a linear park in the downtown area of the City of Fayetteville; and WHEREAS, the Council has filed an application with the Local Government Commission of North Carolina for approval of such bonds aa required by the Act; BE IT ORDERED BY THE COUNCIL OF THE CITY OF FAYETTEVILLE: 1. It is hereby determined necessary and expedient for the City of Fayetteville to borrow money, and there are hereby authorized to be issued general obligation park bonds of the City of Fayetteville for the purpose of providing money to finance, in part, the construction and equipping of a linear park in the downtown area of the City of Fayetteville. 2. The bonds shall be in an aggregate principal amount not to exceed $750,000. 3. The bonds shall be general obligations of the City of Fayetteville for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged and taxes will be levied in an amount sufficient to pay the principal of and interest on the bonds. 4. A sworn statement of debt has been filed with the Clerk to the Council pursuant to G.S. 159-55 and is open to public inspection. 5. This Bond Order will take effect when approved by the voters of the City of Fayetteville pursuant to G.S. 159-61. Councilmember Cheek then moved that the foregoing Bond Order be introduced, motion was seconded by Councilmember Ross and carried unanimously. F. Consideration of a Resolution Providing for Public Hearing on Bond Order for $750,000 General Obligation Park Bonds (Linear Park Project) of the City of Fayetteville and publication of bond order and notice of hearing and other action. The following resolution was introduced and its title was read: RESOLUTION PROVIDING FOR PUBLIC HEARING ON BOND ORDER FOR $750,000 GENERAL OBLIGATION PARK BONDS (LINEAR PARK PROJECT) OF THE CITY OF FAYETTEVILLE AND PUBLICATION OF BOND ORDER AND NOTICE OF HEARING AND OTHER ACTION. RESOLUTION NO. R1990-69. WHEREAS, There has been introduced to the Council of the City of Fayetteville a Bond Order entitled, “BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARK BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $750,000 (LINEAR PARK PROJECT) FOR THE PURPOSE OF FINANCING, IN PART, THE CONSTRUCTION AND EQUIPPING OF A LINEAR PARK IN THE DOWNTOWN AREA OF THE CITY OF FAYETTEVILLE; and WHEREAS G.S. 159-54 provides there shall be a public hearing on each Bond Order and G.S. 159-56 provides for publication of the Bond Order and notice of the hearing: NOW, THEREFORE, the Council of the City of Fayetteville, meeting in regular session on June 4, 1990, do the following: 1. A public hearing on the Bond Order shall be held at 7 p.m. in the Council Chambers, Fayetteville, North Carolina, on June 18, 1990. 2. The Clerk to this Council shall cause the Bond Order, with a statement appended in form described by G.S. 159-56, to be published in The Fayetteville Observer. 3. The Mayor is hereby designated to file the statement of debt required by G.S. 159-55. 4. The completed form of application to the Local Government Commission with respect to the proposed bonds is hereby approved. 5. This resolution shall take effect immediately. Councilmember Cheek moved the passage of the foregoing resolution and Councilmember Pillow seconded the motion and the resolution passed unanimously. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1990. 6. Consideration of an ordinance amending Chapter 20 of the Fayetteville City Code, “Motor Vehicles and Traffic". AN ORDINANCE AMENDING SECTION 20-106, “MOTOR VEHICLE AND TRAFFIC". (TRAFFIC SCHEDULE NO. 3 - TWO HOUR LOTS, ANDERSON STREET PARKING LOT). ORDINANCE NO. NS1990-22. 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 off ice in Ordinance Book NS1990. 7. Consideration of ordinance amendment regarding the sale of alcoholic beverages on Sunday. This item was presented by City Attorney Cogswell stating this would allow any establishment with an ABC Permit to sale beer and wine on Sunday if Council adopted Attachment 1. Attachment 2 would allow anyone with Off Premise Permits to sell beer and wine on Sunday. Mr. David B. Craig was recognized stating he recommends to Council that uniformity be followed in that the County has what Attachment 1 is as well as Hope Mills. Councilmember McBryde offered motion to adopt Attachment 1 as recommended, seconded by Councilmember Pillow and carried 8 to 1 with Councilmember Bolton voting against. The ordinance title is as follows: AN ORDINANCE AMENDING SECTION 5-16, “BEER, WINE AND/OR MIXED DRINKS--SALE ON SUNDAY". ORDINANCE NO. S1990-8. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1990. 8. Consideration of proposed revised Privilege License Ordinance. This item was presented by City Attorney Cogswell and Deputy Tax Collector Barbara Lincoln. They stated that the main purpose for submitting this fee schedule at this tile is to abide by General Statutes on some of the fees. This can be brought before Council again to revise the local fee charges. Mayor Pro-Tem Evans moved to approve the Privilege License schedule, seconded by Councilmember Torrey. Councilmember Kendrick stated he feels the entire schedule needs to be considered for changes instead of just the ones covered by statute; therefore, offered a substitute motion to defer this item to June 18, seconded by Councilmember Robertson. Following lengthy discussion concerning returning further revisions before the end of the fiscal year, Mayor Pro-Tem Evans withdrew her main motion and Councilmember Torrey withdrew his second. There was further discussion, Council asked the Finance Director if this project could be completed by the June 18 meeting. Mr. Nelson advised Council that the research and notices would take a little more time at this point. Councilmember Kendrick withdrew his motion. Mayor Pro-Tem Evans moved to approve the fee schedule as submitted and return this item at the June 18 meeting, seconded by Councilmember Cheek and carried 6 to 3 with Councilmembers McBryde, Bolton, and Kendrick voting against. A copy of this schedule is attached to and made a part of these minutes. 9. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (pursuant to G.S. 160A-31, as amended, petition - initiated) (Broadwell Land Company Property - Country Club Hills, Section 2) (Public hearing was held on October 23, 1989). This item was presented by Assistant City Manager Stancil stating that the public hearing was held on October 23, 1989, and action was delayed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (BROADWELL LAND COMPANY - COUNTRY CLUB HILLS, SECTION 2). ANNEXATION ORDINANCE NO. 90-6-334. Councilmember McBryde moved to adopt the foregoing ordinance, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Torrey and Ross voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1990. 10. Appointments: A. Nominations to fill six vacancies on Fayetteville Revitalization Commission. The following nominations were made for the six vacancies: Frank Holden nominated for a second term by Councilmember McBryde. Gary Mendelson nominated for first full term by Councilmember McBryde. Walter Vick nominated for a second term by Councilmember Kendrick. Robert Pringle nominated for a seconded term by Councilmember Pillow. Peggy Halt nominated for first full term by Councilmember Cheek. Johnson Chestnutt nominated for a first term by Councilmember Bolton. Malcolm Fields nominated for a first term by Mayor Pro-Tem Evans. Graham Creech nominated for a second term by Councilmember Robertson. B. Nominations to fill three vacancies on Fayetteville Regional Airport Commission. The following nominations were made: Thomas Bradford nominated for a second term by Councilmember McBryde. John Davis nominated for a first term by Councilmember McBryde. Ben Watson nominated for a second term by Councilmember Pillow. Albert Rummons nominated for a second term by Mayor Pro-Tem Evans. Dudley Miller nominated for a first term by Councilmember Bolton. Buddy Bass nominated for a first term by Councilmember Kendrick. C. Nominations to fill one vacancy on Joint Planning Board. Mayor Pro-Tem Evans nominated Mrs. Terry Cheek to fill the vacancy of Sue Bandy, who has served a 4-year term. D. Nominations to fill one vacancy on Public Works Commission. Councilmember Bolton nominated Mr. Tommy McCoy for another term. 11. Administrative Reports. Councilmember Cheek requested a status report on the Municipal Market. Mr. Stancil stated this would be done at the next Information Meeting. Mayor Dawkins reminded everyone of the budget workshops to begin on June 11 at 6:30 p.m. There being no further business, the meeting was adjourned. Please note: To view the Table listing types of businesses, please see Book X, page 371 of the City of Fayetteville, Meeting Minutes. REGULAR MEETING JUNE 18, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 116 GREEN STREET JUNE 18, 1990 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large); Milo McBryde (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 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 Richard Herrera, Community Services Director Robert Bennett, City Engineer Members of the Press INVOCATION The invocation was offered by Reverend Ken Clements, Church of Nazarene, followed with the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Pro-Tem Evans requested Reverend Clements prayer be entered into the minutes and it is as follows: “Lord God, Almighty, and Master Governor of the Universe, You have committed to people the solemn trust of government of human affairs. We thank You for those who have taken on themselves the business of caring for the common necessities of our City. Clothe them with wisdom in their stewardship, and all citizens in-our joint responsibility for government. “May the spirit of righteousness be our guide in all public and private affairs, at home, in our clubs, in our offices and businesses; and in our leisure activities. Grant that we may never value expediency above people, effectiveness above honor, nor power over servitude. Prosper all we do in our efforts to assist in the coming of Your Kingdom on Earth in our own way. “Bless these who strive to govern. Teach us the ways that facilitate help for the greatest number and neglect for the least number of citizens. May our fair City be prospered and our people bless by good choices and by good leadership tonight and for the days ahead.” Mayor Dawkins expressed all of our heart felt thoughts to City Engineer Bennett on the recent lose of his mother. 1. Approval of Agenda Mayor Pro-Tem Evans moved to approve the agenda, seconded by Councilmember Pillow and carried unanimously by voice vote. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Torrey requested to pull Item 2D. for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of Item 2D. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved: A. Approval of tax refunds. 1. Tax refund in the amount of $443.68 to B & B Enterprises, Inc., for clerical error - leasehold improvements picked up on real estate 0428-10-8908. 2. Tax refund in the amount of $198.37 to Beasley Broadcasting of Eastern NC, Inc. - double listed machinery and equipment on the same bill. 3. Tax refund in the amount of $56.81 to Mr. and Mrs. Michael Brown for illegal tax - military nonresident. 4. Tax refund in the amount of $30.86 to William Milton Hinson for 1980 BMW 320 - double billed. 5. Tax refund in the amount of $29.86 to McCoy, Wiggins, Weaver, Cleveland for cost figures listed in error. Deletions failed to be removed from original cost. 6. Tax refund in the amount of $1,367.27 to Shaw Food Services Company for airplane valued too high. 7. Tax refund in the amount of $2.32 to Simpkins Auto Exchange, Inc., for being charged with incorrect value. B. Set public hearing for July 16, 1990, to consider an application by Noddie G. Washington for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (3) to operate a home for the care of children in an R6 Residential District for an area located at 1749 Gola Drive. (P90-63) C. Adoption of resolution setting public hearing for July 16, 1990, to consider a petition for paving of Damascus Road lying between Sycamore Dairy Road and the southeast corner of Judith W. Cashwell property, as recorded in Deed Book 3454, Page 50, Cumberland County Registry. PRELIMINARY ASSESSMENT RESOLUTION R1990-70. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. D. (PULLED FOR DISCUSSION) E. Adoption of Budget Ordinance Amendment Change 90-14. This change is necessary to administratively accomplish year-end adjustments to the budget ordinance. It consists of the following actions. --Appropriates $166,867.00 from General Fund and Other Operating Funds to the Insurance Fund. --Accounts for proceeds from a lease/purchase agreement in the amount of $444,842.00. The proceeds have been used to Purchase equipment in the various departments. --Increase the General Fund in the amount of $200,000.00 due to unanticipated increase in one-half cent sales tax allocation from the State. --Accounts for $1,000.00 donation from Arts Council to the Parks and Recreation Department to be used for advertising. Accounts for a $1,273.00 donation from the Arts Council to Parks and Recreation Department for sponsored group fund to be used for independent contracting work. F. Adoption of Capital Project Ordinance Amendment Changes 90-31, 90-32, 90-33, and 90-34. Change 90-31 is necessary to transfer the remaining funds from closeouts of Community Development Block Grants, Years 11 and 12, into the ongoing Year 13 Project in the amount of $2,255.00. Change 90-32 is to account for the receipt of Cumberland County's proportionate shares to two UMTA/NCDOT Planning Grants which involve the Unified Planning Work Program in the amount of $1,500.00 and $2,463.00. Change 90-33 is to account for receipt of Cumberland County's match to another UMTA/NCDOT Planning Grant in the amount of $364.00. Change 90-34 is needed to set aside the balance of $6,494.00 of the $13,150.00 which Council appropriated to the Historic Resources Commission in the current budget. C. Adoption of Capital Project Ordinance Amendment Closeouts 90-10, 90-11, 90-12, 90-13, 90-14, 90-15, and 90-18. 90-10 was for completion of HUD Year 10 Rental Rehabilitation Project. Estimated - $39,450.00 - actual was $39,450.00. 90-11 was for HUD Year 13 Rental Rehabilitation Project. Estimated - $113,100.00 - actual was $113,100.00. 90-12 was for completion of renovations for CAP 84-14 of Barges Tavern. The balance of $1,658.00 will rollover into the General Fund. Estimated - $152,155.00 - actual was $150,297.00. 90-13 was for the Community Development Block Grant Year 14 Funding, which included rehabilitation projects for the elderly and handicapped and for residents of Elliott Street. Estimated - $908,000.00 - actual $908,000.00. 90-14 was for the Year 11 Funding of the Community Development Block Grant, which included the renovation of Savoy Heights Recreation Center and rehabilitation projects in the Orange Street and Windsor Terrace areas. The balance of $2.00 will be transferred into the ongoing Year 13 Project. Estimated - $1,259,785.00 - actual - $1,259,783.00. 90-15 was for the Community Development Block Grant Year 12 Projects, which included Alfalfa and King Streets rehabilitation and various acquisitions in the VanStory Street area. The balance of $2,253.00 will be transferred into the ongoing Year 13 Project. Estimated - $880,632.00 - actual $878,379.00. 90-16 was for the Community Development Block Grant Year 10 Projects, which included rehabilitation projects in various areas, along with several paving and sidewalk projects. Estimated - $1,101,128.00 - actual - $1,101,128.00. 2D. Set public hearing for July 16, 1990, to consider the extension of water and sewer to various streets in East Fayetteville. Councilmember Torrey asked City Engineer Bennett if this will be the last of the water and sewer extensions into this area. Mr. Bennett responded there will be a few more. PRELIMINARY RESOLUTION ORDERING EXTENSION OF SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM INTO OXFORD STREET, ELBA STREET, ELEANOR AVENUE, STALEY DRIVE, CEDAR STREET, PASTURE LANE, AND LADUNHAN ROAD (ALSO BEING STATE ROAD 2005). RESOLUTION NO. R1990-71. PRELIMINARY RESOLUTION ORDERING EXTENSION OF WATER DISTRIBUTION SYSTEM INTO OXFORD/GRIFFIN STREETS, COLDWATER DRIVE, PASTURE LANE, LADUNHAN ROAD (ALSO KNOWN AS STATE ROAD 2005). RESOLUTION NO. R1990-72. PRELIMINARY RESOLUTION ORDERING EXTENSION OF SANITARY SEWER COLLECTION SYSTEM INTO ELEANOR AVENUE. RESOLUTION NO. R1990-73. Councilmember Torrey introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Pillow and carried unanimously by voice vote. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1990. 3. Public Hearings: Mayor Dawkins read the policy on the time limit and requested that the public hearing on budget be limited to three minutes per speaker. A. Consideration of the FY 90/91 Recommended Budget. (PUBLIC HEARING ONLY) This public hearing was opened at 7:16 p.m. Olde Fayetteville Association, Charles T. Haigh, 121 Devane Street, spoke in favor of the downtown tax district. Cape Fear Studios, Nancy Doty, requested space at the Municipal Market for artists to work and exhibit their works. She stated they had physically worked on the building in preparation for its use. They are requesting $7,500.00 to be used as beginning operating capital. Fayetteville Metrovision Committee, John E. Raper, Jr., 1610 Twin Oak Drive, stated that their committee was unanimous in requesting that Council consider favorably the approval of the new City Hall. Fayetteville Symphony Orchestra, Florence Cohen, briefed Council on the many projects of the orchestra and requested their support. Cumberland County Dispute Resolution Center, Charles G. Lips, 310 Green Street, explained the purpose of the Dispute Center and requested support of $12,000.00 towards their budget. C.U.R.B., Anne Morriss, 308 Green Street. She presented a no-growth budget with a request of $15,000.00 support from Council. In her overview, Ms. Morriss stated their recycling programs are now in 40 of the 70 schools. Councilmember Kendrick asked how much Hope Mills and Spring Lake funded last year. Ms. Morriss responded that Hope Mills gave $500.00 of the $1,500.00 that was requested and Spring Lake did not contribute last year but they believe has budgeted $1,250.00. The smaller communities have given $50.00 and $100.00 because of their size. Outreach Center, Marie Pressler, stated their services and requested $6,000.00 to $7,000.00 support from Council. Olde Fayetteville Association, John Rose, President, stated the Olde Fayetteville Association is Fayetteville's mini chamber of commerce. Their request for the City's support is $73,500.00. Rape Crisis, Brownie Smathers, 108 Highland Avenue, president of the board, stated their cost of the service for each victim is approximately $15.00 and the number of victims has increased. They are requesting $12,500.00 in support from the City. CONTACT of Fayetteville, Inc., Pinkney Love, 310 Green Street, stated among other services their largest seems to be suicide outreach which is up 100 percent this year. Mr. Love stated although their budget has doubled, they are only requesting the sue amount from the City that was afforded them last year. Fayetteville Area Sentencing Center, Elizabeth Gnann, 310 Green Street, gave an overview of the purpose of their center and requested $5,000.00 support from the City. Also appearing with the Center was Horace Thompson who gave some financial information such as the City appreciating a return on their dollars through court fines. Stephen Gardella, 3787 Clinton Road - College Lakes property owner, represented a taxpayers group and invited Council to their next meeting on June 19, 7:00 p.m., Pate Room at the Cumberland County Library. John Keefe, 5833 Woodhaven, spoke in opposition to any tax increases because the citizens cannot stand any more increases. He also addressed the City Hall Project and stated it should be financed locally to save money. There being none further to be heard on this item, the public hearing was closed at 8:00 p.m. 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 at 2917 Murchison Road. (P90-40) This item was presented by Al Mitchell stating that the Planning Board recommends rezoning the balance of the track to R6 Residential District and that the 500 feet of depth of C3 Heavy Commercial District is in conformance with the adopted Primary Business Street Policy for Murchison Road, and that the balance of the track, which is currently zoned C1 Local Business District constitutes an encroachment of nonresidential uses into a residential area. This is the advertised public hearing. The public hearing was opened at 8:16 p.m. and speaking in favor was Lee Garvin, 205 Rockcrest Road, representing the petitioner, stated they do prefer the entire tract but will accept the 500 feet. They feel the rezoning would better help his client to utilize the property to its highest and best use. There being none to speak in opposition, the public hearing was closed at 8:16 p.m. Council requested Mr. Mitchell to explain why it is requested to go 500 feet and then switch to R6. Mr. Mitchell stated it was part of the Land Use Policies Plan that was adopted in 1978. When a street is a primary business street, they try to give adequate depth for a good size building and parking. Mayor Pro-Tem Evans moved to approve the rezoning from C1 Local Business District to C3 Heavy Commercial District the 500 feet of depth with the remainder to be R6. The motion was seconded by Councilmember Pillow and carried unanimously. C. Consideration of the rezoning form RS Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located on the west side of North Street, north of Wall Street. (P90-49) This item was presented by Al Mitchell stating the Planning Board recommends approval of the requested rezoning because the 1971 Land Use Plan calls for industrial uses at this location. He stated this was an advertised public hearing and because no one appeared in opposition at the Planning Board Hearing, notices were sent to the petitioner. The public hearing was opened at 8:24 p.m. and recognized in favor was the petitioner Billy Cain, 2801 Ramsey Street. Mr. Cain stated that not only did the 1971 Land Use Plan call for industrial use at this location, there has not been a new residence constructed in this area in over 20 years. He stated that in 1987 the previous owner of the lot across the street had applied for a permit to move a house onto the property and was denied because it was zoned industrial. He was told that this area was not suitable for residential use. Mr. Cain stated there is a sign on the north end of North Street at the intersection with Ramsey Street that points down North Street, that reads industrial area. He named several industrial businesses that use that area and North Street. Mr. Cain concluded by stating that North Street is constructed for the type and quantity of traffic you would normally find in an industrial area. There was none to speak in opposition and the public hearing was closed at 8:27 p.m. Councilmember Ross moved to approve the rezoning of the property to M2 Industrial, seconded by Councilmember Bolton and carried unanimously. D. Consideration of the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located on the south side of Clarendon Street, east of Spring Street. (P90-51) This item was presented by Al Mitchell stating the Planning Board recommends approval of the rezoning request. Councilmember Cheek asked the Planning staff's recommendation and Mr. Mitchell responded Planning staff recommends denial because the rezoning of the property would constitute an encroachment of office uses into a predominately residential area. The public hearing was opened at 8:32 p.m. There was none to speak in favor. Appearing in opposition was Sue Bandy, 1215 Hilltop Avenue, stating that the entire Haymount area is a historical area with narrow streets and the rezoning of these areas would allow more apartments creating heavier traffic. Bill Ramsey, 2236 Winterlochen Road, appeared in opposition stating that Haymount is a neighborhood area and requested Council keep it that way. The public hearing was closed at 8:38 p.m. Councilmember Cheek moved to deny the rezoning request, seconded by Councilmember Ross and carried unanimously. E. Consideration of an application by Barbara Taft Leach for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (3), to operate a home for the care of children for an area located at 1903 Newark Street in an R5A Residential District. (P90-53) This item was presented by Al Mitchell stating the Planning Board recommends approval with the findings that the day care center would not be detrimental to the area and with the condition that the parking and playground areas be screened by a solid fence or evergreen shrubs. The public hearing was opened at 8:42 p.m. and appearing in favor was the petitioner, Barbara Leach, 1922 Roger Court. Ms. Leach stated that several churches have closed out their child care programs and she feels there is a need in that area for her day care center. Councilmember Kendrick asked Ms. Leach if the playground will be fenced and in what manner the children will be dropped off at the school. Ms. Leach responded the playground will be fenced and the parents will park in the back and take the children to the side entrance. Councilmember Pillow asked Ms. Leach what type of lease she had. Ms. Leach responded there is a 10-year lease pending tonight's action. There was none to speak in opposition and the public hearing was closed at 8:48 p.m. Mayor Pro-Tem Evans moved to approve the Special Use Permit with the finding that it not be detrimental to the neighborhood and fits in with the character of the neighborhood and that the playground and parking areas be screened by a solid fence or evergreen shrubs. The motion was seconded by Councilmember McBryde and carried unanimously. F. Consideration of a resolution with petition for the paving of Dillon Drive lying between Carlos Avenue and cul-de-sac. This item was presented by City Engineer Bennett stating the request is by petition. This is an advertised public hearing and all property owners abutting Dillon Drive have been notified of this public hearing. His recommendation was approval of the petition for paving as a part of the City's ongoing street improvement program and approval of the acquisition of right-of-way for a standard cul-de-sac on the end of the street. Councilmember Cheek asked if there were multiple owners because there were more houses than signatures on the petition, if the street would need to be widen, and the reason for this project since the street is already paved. Mr. Bennett responded there were multiple owners and they had made this request because there was no circular cul-de-sac for traffic, to turn around on the end. The vehicles are utilizing a part of their yard for turning around. He stated the street is a strip paved street with no underground drainage and the edges of the asphalt ravel off regularly. It has been repaired by City Maintenance many times. Councilmember Kendrick asked about the Redstone Drive project being delayed because of the Dillon Drive. Mr. Bennett explained that part of the drainage Redstone has to go down Dillon Drive. Councilmember Robertson asked if it was a common practice for the City to pave, curb and gutter a street and not put a cul-de-sac at the end of it. Mr. Bennett responded it is by ordinance that this be done, however, this street was created outside the City. The public hearing was opened at 8:52 p.m. and speaking in favor was John Melvin, 2135 Dillon Drive. He presented photos of the problems they have during heavy rains and they really need to have this work done. Also appearing in favor was C. R. McQueen, 2147 Dillon Drive. He stated his house is on the corner of Redstone and Dillon and the only benefit he receives from having to pay for Redstone to be paved is a place to put his garbage cans. He is requesting Dillon be paved in order for him to feel he is getting his money's worth. Mr. McQueen also complimented Agnes Bundy with the City Engineering Department for her hard work. There was none to appear in opposition and the public hearing was closed at 8:56 p.m. Councilmember Torrey asked Mr. Bennett if there was already water and sewer in this area and Mr. Bennett responded there was. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (IMPROVING DILLON DRIVE). RESOLUTION NO. R1990-74. Councilmember Kendrick 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 R1990. G. Consideration of a bond order authorizing the issuance of General Obligation Park Bonds of the City of Fayetteville in he maximum aggregate principal amount of $8,555,000 (General Parks Project) for the purpose of financing, in part, the acquisition of property for parks and recreational facilities and the acquisition, construction and equipping of park and recreational facilities within the City of Fayetteville. This item was presented by Assistant City Manager Brown. This is an advertised public hearing and the public hearing was opened at 8.58 p.m. Appearing in favor was Karl Legatski, 468 Kingsford Road. He stated he was speaking for a large group of supporters of see park bonds and there were approximately 15 in the audience to stand in favor. Mr. Legatski stated he had personally examined all of the proposed project areas and feels that the projects make good use of the land and is a very prudent and cost-effective program. He stated that anyone that checks into this cannot help but be impressed with the proposed use for their money. It can't help but increase the value of our City. He concluded by stating this needs to be put to a vote as soon as possible. Mayor Dawkins acknowledged that Mr. Legatski is president of the Friends of the Park Committee. Appearing in opposition was William D. McLeod, 932 Country Club Drive. He stated he was not against the parks but the way it is going to be financed. He stated that if the interest was 6 percent on the $11,500,000.00 then it would be $690,000.00 a year interest paid. Mr. McLeod recommended they use the money they would have spent in interest to build or improve one park a year. Mr. McLeod stated if the parks bonds are approved he would prefer seeing them go before a general election rather than a special election so that more people would go out and vote for it. Also appearing opposition was Marie Preseler stating that she feels the parks are not accessible now and believes the City should utilize the land they own instead of buying more property. She also suggested Council have the referendum at the regular election time instead of paying much more to have a special election. Also in opposition was John Keefe, 5833 Woodhaven, stating he is opposed to the manner in which this issue is proposed to the people. He stated the bond issues were voted down before for the parks and Council elected to fund certain projects of it. He stated he felt this matter should go before the people in November and not a special election in August. Mr. Keefe concluded by stating he was opposed to the words “in part" because they do not really address the whole situation. There being none further to be heard on this matter the public hearing was closed at 9.08 p.m. H. Consideration of a bond order authorizing the issuance of General Obligation Park Bonds of the City of Fayetteville in the maximum aggregate principal amount of $2,200,000 (Swimming Pool Projects) for the purpose of financing, in part, the renovation, construction and equipping of swimming pool facilities in the City of Fayetteville. The public hearing was opened at 9:10 p.m. and appearing in favor of the bond referendum was Dr. T. W. Rucker representing Friends of the Parks. He stated that having been in the military he had lived in many places and one thing about Fayetteville is that they are not up to standards with their parks. He highly recommends this park's bonds referendum. Speaking in opposition was William McLeod, Marie Pressler and John Keefe stating that their opposition to this item was included in the previous Item G. The public hearing was closed at 9.15 p.m. I. Consideration of a bond order authorizing the issuance of General Obligation Park Bonds of the City of Fayetteville in the maximum aggregate principal amount of $750,000 (Linear Park Project) for the purpose of financing, in part, the construction and equipping of a Linear Park in the downtown area of the City of Fayetteville. The public hearing was opened at 9:16 p.m. and appearing in favor was John Malzone representing Friends of the Parks. He stated he was in favor of the bond referendum for the parks because he did not want Fayetteville to make the same mistake that his hometown in New Jersey had made when they did not buy property far future parks and for green space that has now been paved and high rise apartments built. William McLeod, Marie Pressler and John Keefer stated their opposition to this item is the sale as the previous bond Item G. The public hearing was closed at 9:20 p.m. Councilmember Robertson asked for a clarification on the “in part" wording that had been referred to. City Manager Smith responded this is wording generally used in bond orders and it simply means that if Council so chooses they can mix other funds with bond funds in order to complete that particular project. Councilmember Robertson then asked what period of time do we have to spend these bonds. Mr. Smith responded 7 years. The following bond orders were introduced by Councilmember McBryde and moved to adopt, seconded by Councilmember Bolton and carried unanimously. (a) BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARK BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $8,555,000 (GENERAL PARKS PROJECT) FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION OF PROPERTY FOR PARKS AND RECREATIONAL FACILITIES AND THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF PARK AND RECREATIONAL FACILITIES WITHIN THE CITY OF FAYETTEVILLE; (b) BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARK BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 (SWIMMING POOL PROJECTS) FOR THE PURPOSE OF FINANCING, IN PART, THE RENOVATION, CONSTRUCTION AND EQUIPPING OF SWIMMING POOL FACILITIES IN THE CITY OF FAYETTEVILLE; AND (c) BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARK BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $750,000 (LINEAR PARK PROJECT) FOR THE PURPOSE OF FINANCING, IN PART, THE CONSTRUCTION AND EQUIPPING OF A LINEAR PARK IN THE DOWNTOWN AREA OF THE CITY OF FAYETTEVILLE. Councilmember McBryde introduced the following resolution and moved its adoption, seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Robertson voting against: RESOLUTION CALLING FOR REFERENDUMS ON $8,555,000 GENERAL OBLIGATION PARK BONDS (GENERAL PARKS PROJECT), $2,000,000 GENERAL OBLIGATION PARK BONDS (SWIMMING POOL PROJECTS), $750,000 GENERAL OBLIGATION PARK BONDS (LINEAR PARK PROJECT), PROVIDING FOR NOTICES OF SUCH REFERENDUMS, FORMS OF BALLOT, AND PUBLICATION OF BOND ORDERS AS ADOPTED. RESOLUTION NO. R1990-75. WHEREAS, the Council of the City of Fayetteville has adopted Bond Orders entitled: (a) “BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARK BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 (SWIMMING POOL PROJECTS) FOR THE PURPOSE OF FINANCING, IN PART, THE RENOVATION, CONSTRUCTION AND EQUIPPING OF SWIMMING POOL FACILITIES IN THE CITY OF FAYETTEVILLE"; (b) “BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARK BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 (SWIMMING POOL PROJECTS) FOR THE PURPOSE OF FINANCING, IN PART, THE RENOVATION, CONSTRUCTION AND EQUIPPING OF SWIMMING POOL FACILITIES IN THE CITY OF FAYETTEVILLE"; (c) “BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PARK BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $750,000 (LINEAR PARK PROJECT) FOR THE PURPOSE OF FINANCING, IN PART, THE CONSTRUCTION AND EQUIPPING OF A LINEAR PARK IN THE DOWNTOWN AREA OF THE CITY OF FAYETTEVILLE"; and WHEREAS, G.S. ¼ 159-58 provides for publication of the Bond Orders as adopted and G.S. ¼ 159-61 requires this Council to fix the date of the referendums on the Bond Orders, notify the Board of Elections thereof and provide fur notices of the referendums to be published; NOW, THEREFORE, the Council of the City of Fayetteville, meeting in regular session at Fayetteville, North Carolina, on June 18, 1990, do the following: BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAYETTEVILLE: 1. The City Clerk shall cause the Bond Orders, with a statement appended in form described by G.S. § 159-58, to be published in The Fayetteville Observer. 2. This Council hereby calls for referendums with respect to the Bond Orders and fixes the date thereof as August 28, 1990. 3. The forms of the questions on the ballot shall be as follows: (a) Shall the order authorizing $8,555,000 general obligation park bonds (General Parks Project) of the City of Fayetteville for the purpose of financing, in part, the acquisition of property for parks and recreational facilities and the acquisition, construction and equipping of park and recreational facilities within the City of Fayetteville by approved? YES NO (b) Shall the order authorizing $2,200,000 general obligation park bonds (Swimming Pool Projects) of the City of Fayetteville for the purpose of financing, in part, the renovation, construction and equipping of swimming pool facilities in the City of Fayetteville be approved? YES NO (c) Shall the order authorizing $750,000 general obligation park bonds (Linear Park Project) of the City of Fayetteville for the purpose of financing, in part, the construction and equipping of a linear park in the downtown area of the City of Fayetteville be approved? YES NO 4. The City Clerk shall mail or deliver a copy of this resolution to the Cumberland County Board of Elections prior to June 21, 1990. 5. The City Clerk shall provide for publication of notices of the referendums as required by G.S. § 159-61(c) in The Fayetteville Observer. 6. This resolution shall take effect immediately. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1990. 4. Planning Board Matters: A. Consideration of the Elliott L. Harris property in a PND Planned Neighborhood District for preliminary PND Plan Development Review/Subdivision Review for an area located on the north side of SR 1404 (Morganton Road), east of SR 2720 (Longbranch Drive). (90-146) This item was presented by Al Mitchell stating the Planning Board recommends approval with the conditions as submitted in the packet. Councilmember Bolton moved to approve the Elliott Harris property for preliminary PND Planned Development Review/Subdivision Review with the conditions submitted, the motion was seconded by Mayor Pro-Tem Evans. Councilmember Cheek requested to add to No. 4 under the conditions, “unless it is already in the City". Councilmember Kendrick requested to amend No. n. under the conditions changing the word “should" be constructed to “shall" be constructed. Councilmember Bolton amended his motion to include the two changes, seconded by Mayor Pro-Tem Evans and carried unanimously. The conditions are as follows: Conditions of Approval 1. That the Public Works Commission approve water and sewer plans. 2. If applicable, that the City Engineer approve street and drainage plans. 3. That all state and local sedimentation and erosion control ordinances be complied with during construction. 4. That the NC Department of Transportation approve street plans and that the street(s) be constructed to the NC Department of Transportation standards for secondary roads, unless it is already in the City. 5. The NC Department of Transportation and Engineer approve the proposed curbcut(s) and that the proper permit(s) be obtained prior to building permit application. 6. If applicable, that the signage for this development be in accordance with the applicable sign regulations as set forth in Article IX of the county Zoning Ordinance and/or Chapter 3 of the City Code and that the proper permit(s) be obtained prior to the installation of any permanent signs on the property. 7. That upon development that all first floor elevations, including all mechanical an electrical equipment, be at or above the 167 MSL contour elevation and that the proper floodplain development permits be obtained through the office of the City Engineer prior to any building permit application. 8. That all proposals within this P.N.D. shall require site plan review and approval from the North Carolina Department of Transportation will be required. a. That a detailed driveway permit application be submitted to the Engineering Department and North Carolina Department of Transportation for review and approval of driveways before approval of any building permits. b. It shall be the applicant's responsibility to obtain and/or dedicate any additional right-of-way necessary to comply with the site plan requirements. Additional right-of-way may be needed to accommodate the right turn land and utility adjustments. The right-of-way shall be dedicated to the North Carolina Department of Transportation and described in terms of metes and bounds. c. That the full right-of-way be graded to the City standard sidewalk grades with a maximum 2H:1V bank slope beyond the new right-of-way line. d. That no fill material shall be placed within the floodway of the stream. e. That all rights-of-way that may be necessary for right turn lanes dedicated by the property owner. f. A maximum of 3 driveways will be allowed pending driveway investigation of location and sight distance requirements. g. All costs of turn lanes will be the responsibility of the property owner. h. Any subdivision, street plans or drainage plans occurring within the City Limits shall be provided to the City Engineer for review and approval. i. It shall be applicant's responsibility to adjust all utilities necessary to accommodate the required revisions. j. The applicant shall not place, or cause to be placed, any commercial signs permanent fixture, parking area or other subject on or over the public right-of-way or sight distance area. k. The applicant shall be required to obtain any encroachment agreements which should be cross referenced to this review. l. Drainage collected by ditches, gutters or pipes on private property shall not be discharged into the highway drainage system unless expressly approved by the Department of Transportation. A field investigation will be made to determine if all drainage facilities are adequate. m. Any outparcels or excluded areas are to be served internally with no additional access onto abutting roadways. The developer should convey this in any lease or sell agreements. n. Curb cuts and curb ramps shall be constructed in conformance with the “Guidelines for Curb Cuts and Bamps for Handicapped Persons" if applicable. o. Any signalized intersection may require a sight distance right-of-way of a minimum of 150 +/-feet which is measured down the center line of the drive and the centerline of the state road. p. Any other driveways shall have a dedication of sight distance right-of-way of 10 x 70 feet. q. That the right-of-way along Morganton Road be dedicated to a line 13 feet from the back of the new curb line. 5. Consideration of revision of Community Development Block Grant (CDBG) Rehabilitation Guidelines. This item was presented by Community services Director Richard Herrera requesting to increase asset limit from $25,000.00 to $40,000.00. Following discussion Councilmember Bolton moved to increase the asset limit of CDBG Rehabilitation Guidelines as recommended, seconded by Councilmember Robertson and carried unanimously. A copy of the comparison list is attached to and made a part of these minutes. 6. Consideration of the approval of the sale of City and City/County jointly owned property (East Acres Subdivision area) of the following: This item was presented by City Engineer Bennett stating bids received on the four lots totaled $11,760.00 to be divided between the City and County with the City receiving $10,080.00 and the rest going to the County. Bids received were as follows: Please note: To view the Table of Bids, please see Book X, page 383 of the City of Fayetteville, Meeting Minutes. *** Tax Value for Lots 1-9, Block “B" as follows: LOT TAX VALUE Lots 1-7 $6,402.00 Lot 8 $4,500.00 Lot 9 $4,500.00 Lot 32, Block “N", Alexander McArthur Property RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1990-76. Lot 1, Block “B", East Acres Subdivision RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1990-77. Lots 2-9, Block “B", East Acres Subdivision RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1990-78. Lot 5, Block “D", East Acres Subdivision RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1990-79. Councilmember Bolton introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Kendrick and carried unanimously. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1990. 7. Consideration of amendments to Section 21-30.3 of the Fayetteville City Code regarding “Maximum permissible sound levels by use occupancy." This item was presented by City Attorney Cogswell stating the only change that is being made is to make it easier to enforce. The sound levels were not changed. AN ORDINANCE AMENDING SECTIONS 21-30.3 AND 21-30.9 OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1990-9. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the forcing ordinance is on file in the Clerk's office in Ordinance Book S1990. 8. Consideration of adoption of an ordinance amending Section 21A-3, “Hours of operation" of the Fayetteville City Code. This item was presented by Assistant City Manager Stancil stating this ordinance came about because of problems in neighborhood parks. The hours would be adjustable by the director of Parks and Recreation to accommodate the change in daylight hours. AN ORDINANCE AMENDING SECTION 21A-3, “HOURS OF OPERATION". ORDINANCE NO. S1990-10. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1990. 9. Consideration of proposed amendment to Section 32-60.1 of the Fayetteville City Code sign ordinance. This item was presented by City Attorney Cogswell recommending that this be referred to the Planning Board. Mayor Pro-Tem Evans moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously. 10. Consideration of items regarding City registration of vehicles. A. Approval of administrative ordinance changes to various sections of Chapter 20, Article II., of the Fayetteville City Code, “City Registration of Vehicles". This item was presented by Assistant City Manager Stancil requesting adoption of the ordinance in order to update the ordinance to reflect our current method of operations. AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE II, “CITY REGISTRATION OF VEHICLES". ORDINANCE NO. S1990-11. Councilmember Ross 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 S1990 B. Authorize Mayor to request amendment to Inter-local Agreement with County Commissioners regarding billing and collection of motor vehicle registration fees. Following some discussion Councilmember Ross moved to amend the Inter-local Agreement with the county commissioners regarding billing and collection of motor vehicle registration fees. The motion was seconded by Mayor Pro-Tem Evans and carried unanimously. 11. Appointments A. Nominations to fill 6 vacancies on Revitalization Commission. Councilmember Bolton stated Graham Creech had requested his name be withdrawn for a second term. The following people were elected to fill the 6 vacancies to June 1992: Frank Holding with 9 votes to serve a second term, Gary Mendelaon with 8 votes to serve a first full term, Peggy Bolt with 6 votes to serve a first full term, Robert Pringle with 9 votes to serve a second term, Walter Vick with 7 votes to serve a second term, and Malcolm Fields with 9 votes to serve a first term. Johnson Chestnut received 5 votes. B. Nominations to fill 3 vacancies on Regional Airport Commission. The following elections were made to fill the 3 vacancies to June 1992: Ben Watson with 6 votes to serve a second term, Albert Rummons with 5 votes to serve a second term, and Dudley Miller with 7 votes to serve a first term. Thomas Bradford received 4 votes, John Davis received 2 votes, and Buddy Bass received 3 votes. C. Nominations to fill 1 vacancy on Joint Planning Board. Mrs. Terry Ciszek was elected unanimously to fill a 4-year term to June 1994. D. Nominations to fill 1 vacancy on Public Works Commission. Mr. Tommy McCoy was elected unanimously to serve a fourth term. E. Nominations to fill 2 vacancies on Appearance Commission. Nominations to fill the term of Marcia Covell in the at-large category to December 1991 were: Peggy Vick by Councilmember Cheek and Hervenna Parnell by Councilmember Ross. There were no nominations to fill the unexpired term to December 1990 of Radonnna Parrish in the Engineer category. 12. Administrative Reports A. Report on privilege licenses. This item was presented by Assistant City Manager Stancil recommending annual review of the privilege license fee schedule. Council concurred. B. Statement of taxes collected for the month May, 1990, from the Cumberland County Tax Collector. The statement of taxes was accepted showing a total collections of $74,366.65. Councilmember Bolton suggested that we impose very high fees for hazardous waste to prohibit anyone from locating in our municipality. Councilmember Cheek asked about the Cain Road Dam Project being delayed. City Engineer Bennett responded that Council awarded the contracts at the last meeting and the documents are being executed. The contractor would probably be closing the road in about 6 weeks. Councilmember Pillow expressed concern that Cain Road might be closed for another Christmas season. Mr. Bennett responded he thought it would be finished in two segments and requested to be able to return a follow-up report at a later date. Mayor Dawkins requested Mr. Bennett to return a report at the next regular meeting. Mayor Pro-Tem Evans requested to be excused from the first meeting in July due to being out of town. Councilmember Bolton moved to excuse Ms. Evans, seconded by Councilmember Cheek and carried unanimously. Request for Executive Session for property acquisition. Councilmember Bolton moved to enter Executive Session far property reacquisition, seconded by Councilmember Kendrick and carried unanimously at 10:16 p.m. Council reconvened at 10:31 p.m. and there being no further business, the meeting was adjourned upon motion and second. Please Note: To view the Cumberland County reference listing comparison, please see Book X, page 387 of the City of Fayetteville Meeting Minutes. BUDGET WORKSHOP MONDAY, JUNE 11, 1990 FAYETTEVILLE CITY COUNCIL BUDGET WORKSHOP ENVIRONMENTAL SERVICES CONFERENCE ROOM MONDAY, JUNE 11, 1990 6:30 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Nat Robertson, Jr., Milo McBryde, Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, and Suzan Cheek Absent: Councilmember 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 Mayor Dawkins called the meeting to order and recognized City Manager John Smith. Mr. Smith reviewed a summary of all City revenues. He then discussed employee benefits including a proposal that the City continue to pay all of the employee costs of health insurance, even with the fact that we are projecting a 20 percent increase in costs effective November 1. Mr. Smith also recommended that the City pick up the increase in dependent health care so that employees will pay no additional premium for dependent health care. He also stated that staff is recommending a Cafeteria Benefits Plan to be initiated this year and the employment of a City Nurse. Mr. Smith discussed employee pay with a recommendation of a 4 percent cost-of-living increase effective January 1, 1991. He also discussed special police incentive pay including educational incentive, senior police officer, and reminded Council that sworn police personnel already receive City contributions to individual 401(k) programs and a separation allowance that other employees do not receive. Mr. Smith then reviewed with the Council the following departmental budgets: Governing Body, City Managers Department, Personnel, Finance, Information Systems, Administrative Services, Police, and Fire. Councilmember Cheek suggested that the City consider flexible freeze on positions with the City Manager reviewing each vacancy. Upon motion by Councilmember Evans, seconded by Councilmember Cheek, Council voted unanimously to recess this budget workshop until 6:30 p.m., Thursday, June 14, 1990. CONTINUATION OF BUDGET WORKSHOP THURSDAY, JUNE 14, 1990 FAYETTEVILLE CITY COUNCIL CONTINUATION OF BUDGET WORKSHOP ENVIRONMENTAL SERVICES CONFERENCE ROOM THURSDAY, JUNE 14, 1990 6:30 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Nat Robertson, Jr., Milo McBryde, Tommy Bolton, Ida Ross, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Absent: Councilmember Joseph Pillow 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 Mayor Dawkins reconvened the budget workshop from Monday, June 11, and recognized City Manager John Smith. Mr. Smith presented an option to the City Council on the effective date of the cost-of-living increase. He suggested that the increase be effective September 1 and that the City freeze all step and performance increases for one year in order to give staff time to review the pay plan. City Council indicated that they preferred that option. City Manager Smith then reviewed the budgets of the following departments: Communications, Inspections, Engineering, Traffic Services, Environmental Services, Community Services, and Parks and Recreation. He also discussed the other appropriations budget, parking facilities, and Powell Bill fund. Upon motion by Council Bolton, seconded by Councilmember Kendrick, Council voted unanimously to adjourn. INFORMATION MEETING MONDAY, JUNE 25, 1990 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 25, 1990 7:00 P.M. Preset: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large); Milo McBryde (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 Stancil, Assistant City Manager for Operations Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Jason Brady, Public Information Officer Kai Nelson, Finance Director Frank Simpson, Inspections Superintendent Members of the Press INVOCATION Mayor Dawkins called on the City Attorney for the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. Approval of Agenda The City Attorney requested to add as Item 5 an extension of an agreement on Village Drive properties. The City Manager requested an executive session for a personnel matter. Councilmember Bolton moved to approve the agenda with the addition of Item 5 and the executive session, 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. There being none, Councilmember Kendrick moved to approve the consent agenda. After a second from Councilmember Ross, the consent agenda and following items were unanimously approved. A. Adoption of Capital Project Ordinance Amendment Change 90-35. This is to transfer monies from the fiscal year which ended June 30, 1989, in the amount of $6,433.00 into the Vehicle Replacement Program capital project. B. Adoption of Budget Ordinance Amendment Change 90-15. This amendment change is to appropriate $187,000.00 in unanticipated General Fund Revenues representing additional property tax and state shared revenues. This is to provide funds for the operation of the Governing Body, Other Appropriations, Communications, Engineering and Traffic Services for salaries and wages, insurance, utilities and cost of redistribution to the Powell Bill Fund. C. Adoption of Capital Project Ordinance Amendment Change 90-36. This amendment change amends CAP 90-9, Marketing Program for Fayetteville Regional Airport. City Council approved $42,000.00 to be transferred into CAP 90-9 on May 21, 1990. As of this date, $9,135.00 is available and Amendment Change 90-36 transfers $9,135.00 into the capital project. 3. Consideration of requests to address City Council concerning the budget. Councilmember Robertson moved to hear those present at this time, which are Nancy Roberts and Paul Evans. Mayor Pro-Tem Evans seconded the motion. Councilmember Cheek offered a friendly amendment to also refer this to the Policy Committee since the requests are for an item that has already been an advertised public hearing. Mr. Robertson and Ms. Evans accepted the amendment. Mayor Dawkins called for the vote and it passed 6 to 3 with Councilmembers Kendrick, Torrey and Pillow voting against. Nancy Roberts, 211 Bethune Street, was recognized and suggested that Council raise taxes on other things but please do not increase property taxes. She wants to see the downtown Fayetteville revitalized and become a profitable area bringing in more tax dollars. Paul Evans, 432 Southland asked if we really need a new City Mall, especially one that will cost 11.5 million dollars, which would be $680,000.00 for 18 years. He also asked if it needed to be put in the location that it is. Mr. Evans also stated that the bond referendum costs of $17,000.00 could put another police officer on the force or buy a new police cruiser. 4. Consideration of adoption of the FY 90-91 Budget Appropriation Ordinance. City Manager Smith stated that the proposed budget ordinance reflects the totals as proposed in the recommended budget except for $30,000.00 added to the fund balance appropriation in the General Fund, which will be combined with $70,000.00 from the Central Business District Tax Fund balance for downtown code enforcement. All other fund and departmental totals are as originally presented. Mr. Smith stated that the same amount is recommended to the outside agencies as was maintained the previous year. Mr. Smith stated that there was $32,500.00 in the actual budget as amended for outside agencies and his recommendation is to put that $32,500.00 into Council contingency and if an agency wants to be considered over and above this, the Council can consider it at that time. Councilmember McBryde asked if some consideration could be given to the Cape Fear Studios because they are located in the Municipal Market and they have worked making improvements on their own. Mr. Smith responded that is the main reason for recommending this $32,500.00 to be put in contingency so that Council can consider this type of request and then would have the funds available to do that. Councilmember Kendrick asked if audits are required by an outside agency. Mr. Smith responded that if an audit is not given then funds are not issued. In some instances an internal audit has been required. Mr. Smith reviewed the financing and funding arrangements for the new City Hall. Mayor Pro-Tem Evans asked why the cost of the partitions was not included in the original cost of the building. Mr. Smith responded that it was originally planned this way so the City could be able to arrange and re-arrange the interior offices as we see fit. Mr. Smith also reviewed the financial arrangements. Councilmember Kendrick asked if this would affect bonds sold by PWC. Mr. Smith responded that PWC's bonds are City bonds and part of the City's debt. Councilmember Ross stated she felt we would not be able to recoup UDAG for the Prince Charles Hotel Project, therefore she moved to adopt the 1990-91 Budget Appropriation. Councilmember Pillow seconded the motion. Mayor Pro-Tem Evans asked what percent of interest we would be paying on this lease-purchase. Mr. Smith responded it would be 6.8 percent. Following this discussion Mayor Dawkins called for a vote and the motion carried 5 to 4 with Councilmembers Robertson, Evans, McBryde and Bolton voting against. 5. Agreement Extension with Village Drive Properties, Inc. This item was presented by City Attorney Cogswell. Mr. Cogswell stated this extension of the agreement is to avoid litigation and he recommends an extension of 6 months. Councilmember Kendrick asked if this affected the right-of-way for the sidewalk on Purdue/Cheselka. Mr. Smith responded the right-of-way for the sidewalks did not affect the amount of the right-of-way because the sidewalk was put on one side. Councilmember McBryde moved to approve the extension of the agreement as recommended, seconded by Councilmember Cheek and carried unanimously. Councilmember Ross moved to enter executive session for a personnel matter, seconded by Councilmember Pillow and carried unanimously at 7:50 p.m. Council reconvened at 8:02 p.m. and Mayor Dawkins stated that each year Council must set the salary of the City Manager, City Attorney, Mayor and Councilmembers. Councilmember McBryde moved to increase the Manager, Attorney, Mayor, Mayor Pro-Tem and Councilmembers by 4 percent. Motion was seconded by Councilmember Pillow and carried unanimously. There being no further business, the meeting was adjourned at 8:05 p.m. upon motion and second. Approved August 20, 1990 REGULAR MEETING MONDAY, JULY 2, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 116 GREEN STREET MONDAY, JULY 2, 1990 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Nat Robertson, Jr. (at-large); Milo McBryde (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) Absent: Mayor Pro-Tem Mildred Evans (at-large) - excused Others Present: Roger Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Bob Bennett, City Engineer Al Mitchell, Assistant City/County Planning Director Tim Wood, PWC Manager Frank Simpson, Inspections Superintendent Albert C. Logan, Jr., Citizen Members of the Press INVOCATION The invocation was offered by Reverend Don Muncie, First Presbyterian Church, followed by the mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins reminded everyone that Mrs. Evans was excused at a previous meeting. 1. Approval of Agenda Assistant City Manager Roger Stancil requested to add Item 4 C under PWC Matters. Councilmember Bolton moved to approve the agenda with the addition, seconded by Councilmember McBryde and carried unanimously 8 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 with the addition of Item 4 C. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved 8 to 0. A. Approval of minutes of City Council regular meeting of May 21, 1990. B. Approval of amendment to Grant Agreement for Fayetteville Municipal Airport, Project No. 3-37-0021-09. This amendment increases the FAA maximum obligation by $36,419. C. Award of contract for annual purchase of uniforms to American Uniform Sales, Inc., lowest responsible bidder in the amount of $109,715.35. The bids received were as follows: American Uniform Sales, Inc. $109,715.35 Hub-Stinnette Uniforms, Inc. $110,274.50 D. Award of lease purchase contract for fire pumper to C.W. Williams and Company, lowest responsible bidder in the amount of $191,711.00. Bids received were as follows: C.W. Williams & Company, Inc. $191,711.00 Triad Fire, Inc. $192,223.00 Slagle Fire Equipment & Supply $195,629.00 Slagle Fire Equipment & Supply (ALT) $179,723.00 Zimmerman Evans, Inc. $198,520.00 E. Award of contract for purchase of six, 150 kVa Padmount Transformers to Rigby Electric Supply, low evaluated bidder In the amount of $24,210.00. (PWC) Bids received were as follows: Bid Price (Each) WESCO $4,418.00 HESCO $4,260.00 Rigby Electric Supply $4,035.00 Eastern Electric $4,074.00 Mill-Power Supply $5,951.95 Tennessee Valley $4,830.00 3. Public Hearings: Mayor Dawkins read the policy on the time limit for the public hearings. A. Consideration of the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on Baxter Street and lying on the north side and south side of Southview Drive. (P90-62) This item was presented by Al Mitchell, Planning Department, stating that the Planning Board recommends approval for the right-of-way only because the proposed initial zoning is consistent with the previous County zoning. This is the advertised public hearing. The public hearing was opened at 7:04 p.m. and there being none to speak, in favor or opposition, this public hearing was closed. Councilmember Bolton moved to approve the initial zoning as recommended, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 4. PWC Matters: A. Consideration of award of contract for purchase of 100, 25 kVa Overhead Transformers to Westinghouse Electric Supply Company in the amount of $56,000.00 This item was presented by PWC Manager Tim Wood stating their recommendation was to the lowest evaluated bidder because in the case of Transformers they look at the tenure cost of ownership. Bids received were as follows: Bid Price (Each) WESCO $560.00 HESCO $579.00 National Transformer Sales $590.00 Rigby Electric Supply $555.00 Eastern Electric $526.00 Mill-Power Supply $900.95 Tennessee Valley $625.00 Councilmember Kendrick moved to award the contract to the lowest evaluated bidder as recommended, seconded by Councilmember Pillow and carried unanimously 8 to 0. B. Consideration of award of contract for purchase of 100,000' URD Triplex to Rigby Electric Supply, low bidder meeting specifications in the amount of $95,900.00. This item was presented by PWC Manager Tim Wood stating they have had problems with underground cable in the past so they are very specific as to the type of jacketing they will approve. PWC is recommending the lowest bidder meeting specifications. Bids received were as follows: Elite Electric $ 97,000.00 Tennessee Valley $ 87,500.00 HESCO, Inc. $ 91,000.00 Eastern Electric $ 97,575.00 Westinghouse Electric $ 102,700.00 Power and Telephone $ 100,200.00 Mill-Power Supply $ 91,100.00 Councilmember Kendrick moved to award the contract to the lowest bidder meeting specifications as recommended, seconded by Councilmember Ross and carried unanimously 8 to 0. C. Consideration of approval to duplicate present contract with WESCO for additional 120/160/200 MVA Power Transformer to replace damaged transformer at P.O.D. 2 (Butler-Warner Generation Plant) in the amount of $1,021,000.00. Mr. Wood stated the urgent need for this second transformer was occasioned by the loss of two transformers in the 1989. This particular transformer was insured and PWC has received payment for the loss from Hartford Steam Boiler Insurance Company. The transformer will be used at Point of Delivery f3 located on Cliffdale Road. This P.O.D. is currently under construction. A copy of the bid tabulation and recommendation of PWC's Electrical Engineering consultant is attached to and made a part of these minutes. Councilmember Kendrick moved to award the contract as recommended, seconded by Councilmember Torrey and carried unanimously 8 to 0. Mr. Wood requested that Council meet in a joint meeting with PWC as soon as possible because of upcoming bond issues. Mayor Dawkins stated this would he scheduled very soon. 5. Consideration of the following City Building Inspection matters: A. Adoption of an ordinance amending Sections 9-14(a) and 9-19 of Chapter 9 of the Fayetteville City Code. This item was presented by Assistant City Manager Stancil stating that even with the suggested increases, the fees will recover only 62 percent of the Inspection Department's cost of operation. They are recommending that Council adopt the ordinance to be effective immediately with the fee schedule being in effect September 1. AN ORDINANCE AMENDING CHAPTER 9, BUILDING CODE OF THE CITY CODE OF ORDINANCES (PERMITS-ISSUANCE AND FEES). ORDINANCE NO. S1990-12. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1990. B. Approval of building permit fee schedule. Councilmember Kendrick moved to approve the fee schedule as recommended, seconded by Councilmember McBryde and carried unanimously 8 to 0. 6. Consideration of revised fee schedule for Sanitation services. This item was presented by Assistant City Manager Stancil with the following changes recommended: Change Vet Clinics from $2 per visit to collect small dead animals to $5 per small animal collected; removing dead large animals to $175 per animal; contracted boxes from $3.50 for extra pickup to be increased to $7 in future contracts; and night time special pickup (Friday) $18 per box. He further recommended that extra pickup fees be changed as follows: Size Box City Charges Recommended Charges 4 Yard $7 $ 8 6 Yard $7 $12 8 Yard $7 $12 10 Yard $7 $18 Following some discussion, Council recommended the following changes: Charge Vet Clinics $5 per dead small animal and $175 for dead large animals; contracted boxes increased to $7; night time special pickup (Friday) $25 per box. Size Box New Charges 4 Yard $10 6 Yard $15 8 Yard $20 10 Yard $25 Councilmember Bolton moved to increase the schedule as shown above, seconded by Councilmember Kendrick and carried 6 to 2 with Councilmembers Cheek and Torrey voting against. Councilmember Cheek stated she had to vote against this motion because she feels more information is needed concerning the fees that are 300 percent increased. 7. Consideration of award of contract for movable partitions for City Hall. Assistant City Manager Stancil presented this item stating that the low bidder of K & M was not the lowest responsive bidder and because of the importance of this particular project being the new City Hall, staff is recommending referral to Buildings and Properties Committee. Administrative Services recommends award to the lowest evaluated bidder of Kester Business Systems, Inc. (Westinghouse) in the amount of $195,253.81. Councilmember Ross moved to refer this item to Buildings and Properties Committee, seconded by Councilmember Bolton. Councilmember McBryde asked if K & M Supply was positively non-responsive. City Attorney Cogswell stated they did not complete the questionnaire and were definitely a non-responsive bidder. Bids received were as follows: K & M Office Supply (Panel Concepts) $181,000.00 Kester Business Systems, Inc. (Westinghouse) $195,253.81 American Seating Company $202,451.38 MacThrift Office Furniture $212,047.00 Williams Office Equipment Company $221,725.92 Rawley & Apperson, Inc. $225,753.00 American Seating Company (Alternate Bid) $231.561.04 Raleigh Office Supply Co., Inc. $240,000.00 Councilmember Pillow offered substitute motion to award to the lowest responsive bidder of Kester Business Systems, Inc., seconded by Councilmember Ross and carried 7 to 1 with Councilmember Bolton voting against. 8. Consideration of request to appear before City Council by Albert C. Logan, Jr. Mr. Albert C. Logan, Jr., 713 Wilma Street, was recognized stating that he has a 1978 Mercury Marquis which is the last year this auto was made. Mr. Logan has been cited by the Inspections Department for being in violation of City Code Section 20-122. Mr. Logan is requesting an exception to this since he pays taxes on this automobile even though it has no tag and does not run. He stated the auto does not present a hazard to the community. It is screened from the front and the rear of his property. Mr. Logan stated he wanted to keep this vehicle as a classic. It was established that this car has been sitting in the same location without repairs for approximately one year. Councilmember Kendrick suggested that Mr. Logan have the car stored in a place it would be protected. He then moved to follow the staff's recommendation that this section of the ordinance not be charged. Motion was seconded by Councilmember Ross. Councilmember Torrey stated that there were other streets with cars that have been rotting for two years and longer and requested that the Inspection Department Check at 1411 Murchison Road. Following this discussion, Mr. Stancil advised Council that this was not an appeal to the Inspection Department decision, this is a request to change the ordinance. Therefore, if Council takes no action, the ordinance will remain unchanged. Councilmember Kendrick withdrew his motion and Councilmember Ross withdrew her second. No action was taken. 9. Appointments: A. Nominations/Elections to fill two vacancies on Fayetteville Appearance Commission. Councilmember Robertson nominated Lonnie Player and at the last meeting the nominations made were Peggy Vick by Councilmember Cheek and Hervenna Parnell nominated by Councilmember Ross. Mayor Dawkins called for a vote. Ms. Vick received two votes and Ms. Parnell and Mr. Player both received three votes. Mayor Dawkins then called for a vote between Mrs. Parnell and Mr. Player and Mr. Player was elected with five votes to fill the unexpired term of Marcia Kovell to December 1991. Councilmember Pillow nominated Mr. Gordon Rose to fill the term of Radonna Parrish in the Engineer category to the term ending December 1990. Councilmember Kendrick moved to elect Mr. Rose by acclamation, seconded by Councilmember Bolton and carried unanimously 8 to 0. B. Nominations to fill four vacancies on Board of Adjustment. The following nominations were made for the four vacancies to July 1993: Walter Moorman nominated to serve a second term by Councilmember Bolton; Glorius Fowler nominated for a first full term by Councilmember Kendrick; Crawford McKeithan nominated to serve a second term by Councilmember McBryde, Betty Jane Moore nominated to serve a first term by Councilmember Cheek Alternate, R. Cecil Carlisle nominated to serve a second term by Councilmember McBryde. 10. Administrative Reports: A. Report on request from Cape Fear Studios. Councilmember Cheek stated that since this deals with a permanent improvement to a project currently underway, she moved to refer this item to the Buildings and Properties Committee, seconded by Councilmember McBryde and carried unanimously 8 to 0 by voice vote. B. Report on request from Forest Lake Homeowners Association. (Included in agenda packet.) C. Report on Sanitation Survey. (Included in agenda packet.) D. Report on Cain Road Dam Reconstruction. City Engineer Bennett stated that Rarnhill Contracting Company is planning to proceed with the work on the Cain Road and Dam projects on Monday. The road should be open to traffic by December 15. He stated there was no other detour available other than the Forest Lake road and there would probably be damage to this road by the additional traffic and trucks delivering materials to the site. Councilmember Cheek asked if the fish that would be lost by draining the lake would be replaced. Mr. Bennett responded there are no provisions to date for restocking the lake. At this time Mayor Dawkins recognized Representative Bill Hurley, present in the audience. There being no further business, the meeting was adjourned at 8:20 p.m. upon motion and second. Approved September 4, 1992 Please Note: To view the Table of proposals for Public Works Commission, please see Book X, page 400 of the City of Fayetteville Meeting Minutes. REGULAR MEETING JULY 16, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 116 GREEN STREET JULY 16, 1990 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large); Milo McBryde (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: Roger 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 Robert Bennett, City Engineer Al Mitchell, Assistant City/County Planning Director Tim Wood, PWC Manager Frank Simpson, Inspections Superintendent Louis Chalmers, Traffic Services Director Jerome S. Brown, Transit Director Dan Hicks, Appearance Commission Chairman Members of the Press INVOCATION The invocation was offered by Louis Chalmers followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. Approval of Agenda City Attorney Cogswell requested to add Item 15 A., claim settlement against City and Police Officer and Item 15 B., settlement of condemnation of property on Cain Road. Mayor Dawkins also added Item 2 G. for a joint meeting with Public Works Commission and City Council on July 30, 1990, at 7:00 p.m. at the Butler-Warner Plant to include a tour. Councilmember Kendrick moved to approve the agenda with the additions, seconded by Councilmember Pillow and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. There being none, Mayor Pro-Tem Evans moved to approve the consent agenda with the addition of Item 2 G. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved. A. Approval of the rezoning from R5 Residential District, C1 Local Business District and M2 Industrial District to R6 Residential District or to a more restrictive zoning classification for an area located east of Cool Spring Street, south of Vanstory Street. (P90-75) B. Adoption of a resolution to consider paving (without petition) of Wintergreen Drive from Campground Road, northwardly, to Jarvis Street. (Set public hearing for August 20, 1990.) PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF WINTERGREEN DRIVE FROM CAMPGROUND ROAD NORTHWARDLY, TO JARVIS STREET. RESOLUTION NO. R1990-80. A copy of the foregoing resolution is on file in the Clerks Office in Resolution Book R1990. C. Adoption of a resolution to accept Cedar Street (Plat Book 9, Page 24) for maintenance. RESOLUTION FOR THE ACCEPTANCE OF CEDAR STREET FOR MAINTENANCE. RESOLUTION R1990-81. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1990. D. Adoption of Capital Project Ordinance 91-1. The State and Local Narcotics Control Grant awarded by the Governor's Crime Commission is to purchase a Safety Training Advancement Robot (STAR). This is to promote the reduction of drug demand and to enhance juvenile safety. The project will be funded by a combination of Federal Grant monies ($16,575) and local Grantee funds ($5,525). E. Adoption of an ordinance to demolish and remove a structure located at Lot 41 Lakeland. (Owner: J.C. Woodard) AN ORDINANCE TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1990-23. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1990. F. Adoption of ordinances establishing parking provisions for Maiden Lane. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC (SECTION 20-106 - TRAFFIC SCHEDULE NO. 11 - PARKING PROHIBITED). ORDINANCE NO. NS1990-24. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC (SECTION 20-106 - TRAFFIC SCHEDULE NO. 13B - TWO HOUR ZONES). ORDINANCE NO. NS1990-25. Copies of the foregoing ordinances are on file in the Clerk Office in Ordinance Book NS1990. G. Set joint meeting with Public Works Commission for July 30, 1990, at 7:00 p.m. at the Butler-Warner Plant to include a tour. 3. Public Hearings: A. Consideration of an application by Noddie G. Washington for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, Item (3) to operate a home for the care of children in an R6 Residential District for an area located at 1749 Gola Drive. (P90-63) This was an advertised public hearing and Al Mitchell displayed a map outlining the existing zoning and land use in the area. Mr. Mitchell stated the Planning Board recommends denial based on the following: (1) that the parking area should be located 15 feet from the street right-of-way in accordance with the Fayetteville Zoning Ordinance and that relocating the parking area will reduce the traffic flow in the play area for the children; (2) that the request of Special Use Permit does not fit into the character of the surrounding neighborhood. Mrs Mitchell stated this location is in the flood plan. The public hearing was opened at 7:13 p.m. There was none to speak in favor. Appearing in opposition because of the traffic, noise and the fact that it is mainly retired people in the area were: Mattie Pipkin, 1812 Gola Drive; Julia Kelly, 1844 Gola Drive, Jeanette S. Hinton, 1856 Gola Drive, Nannye M. Robinson, 1854 Gola Drive; Frank Kelly, 1944 Gola Drive; Daisy Williams, 1855 Gola Drive and Claxton Williams, 1855 Gola Drive. Inspections Superintendent Frank Simpson also appeared requesting denial because this location is in the flood plan. The public hearing was closed at 7:18 p.m. Councilmember Pillow moved to deny the Special Use Permit as recommended, seconded by Councilmember Ross and carried unanimously. B. Consideration of adopting a resolution for the extension of water and sanitary sewer along various streets in East Fayetteville. This item was presented by City Engineer Bennett stating PWC has identified nine streets in the East Fayetteville area which would require extension of water and sanitary sewer mains. All property owners abutting these streets have been notified of the public hearing. On behalf of the PWC's staff, Mr. Bennett stated they are recommending adoption of the resolutions for these extensions. Councilmember Kendrick asked how much the cost would be to the property owner. PWC Manager Wood responded it would be approximately one-third of the cost, which would be approximately $10 to $11 per foot for sewer and $6 to $7 for water. The public hearing was opened at 7:21 p.m. and there was none to speak in favor. Appearing in opposition was Luther Bailey, 817 Griffin Street, owner of Lot 4. He stated be already has water and sewer and does not understand why he has to pay an additional cost. Mr. Roger Yarbrough, 803 Oxford Street, stated he also has sewer. Mr. Yarbrough stated he is opposed to the water and sewer being put all the way down the street when there are no residents. Also appearing in opposition was Ben Adair, 1646 Troy Drive, owner of Lot 47 Elba Street, was also opposed to the water and sewer being put all the way down the street when there was no one living there and no potential of anyone building because of a playground being on one side. Mayor Dawkins asked Mr. Wood to respond to the concerns expressed by Mr. Bailey and Mr. Yarbrough. Mr. Wood stated after checking the map, Mr. Bailey will not be assessed and Mr. Yarbrough has several lots on that street. He will not be assessed for the first lot which he has already paid but will be assessed for the remaining lots. There being none further to speak, the public hearing was closed at 7:27 p.m. FINAL RESOLUTION ORDERING EXTENSION OF WATER DISTRIBUTION SYSTEM INTO OXFORD/GRIFFIN STREETS, COLDWATER DRIVE, PASTURE LANE AND LADUNHAN ROAD (ALSO KNOWN AS STATE ROAD 2005). RESOLUTION NO. R1990-82. FINAL RESOLUTION ORDERING EXTENSION OF SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM INTO OXFORD STREET, ELBA STREET, ELEANOR AVENUE, STALEY DRIVE, CEDAR STREET, PASTURE LANE AND LADUNHAN ROAD (ALSO BEING STATE ROAD 2005). RESOLUTION NO. R1990-83. FINAL RESOLUTION ORDERING EXTENSION OF SANITARY SEWER COLLECTION SYSTEM INTO ELEANOR AVENUE. RESOLUTION NO. R1990-84. Councilmember Cheek introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Torrey and carried unanimously. Copies of the foregoing resolutions are on file in the Clerks Office in Resolution Book R1990. C. Consideration of adopting a resolution pursuant to petition to reconstruct Damascus Road lying between Sycamore Dairy Road and the southeast corner of Judith W. Cashwell property, as recorded in Deed Book 3454, Page 50, Cumberland County Registry. This item was presented by City Engineer Bennett stating this request is by petition and all property owners have been notified of the public hearing. He recommended approval of the project by the adoption of the resolution as a part of the City's continuous street improvement program. Councilmember Cheek asked how the storm water will be handled if this is approved. Mr. Bennett responded that approximately two-thirds of the length will have to have new underground pipe and it will run off the east end to a wooded area into a natural drainage channel. Councilmember Kendrick asked if Demascus Road is served with water and sewer and if there would be any run off of drainage to come from the Sycamore Dairy Road. Mr. Bennett responded that it is being served with water and sewer at this time and there is a cross-drain under Sycamore Dairy Road. The public hearing was opened at 7:31 p.m. and there being no opponents the public hearing was closed. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (PAVING DEMASCUS ROAD). RESOLUTION NO. R1990-85. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Rook R1990. 4. PWC Matters: A. Consideration of authorization to execute agreements to purchase Monclair/LaGrange Water Companies. Council authorized purchase of water systems during meeting of April 2, 1990. This item was presented by PWC Manager Tim Wood stating no money would change hands and recommend approval. Councilmember Kendrick moved to authorize execution of agreements as recommended, seconded by Councilmember Ross and carried unanimously. B. Consideration of adoption of resolution establishing intent for financing various projects. PWC Manager Wood presented this item stating the purpose of this resolution as prepared by Bond Counsel is to allow the use of bond funds for projects on which non-bond funds have been expended, but be able to go back and pick up engineering costs from the bond sale. This does not obligate or commit Council to pass on these bond projects. Mr. Wood stated they hope to have recommendations at the upcoming joint meeting for which projects are recommended. Following some discussion, Councilmember Cheek moved to delay this matter until the July 30 joint meeting for more input and delay action until the August 6 regular meeting, seconded by Councilmember McBryde and carried unanimously. C. Consideration of recommendation of PWC on selection of bond underwriter and financial advisor. PWC Manager Wood stated the Commission had received proposals from six underwriters and banks. The PWC recommended unanimously the selection of Paine-Webber/First Union with a proviso that arrangements be made to ensure participation by Shearson-Lehman-Hutton and Merrill Lynch/Wachovia. Councilmember Bolton to refrain from voting because his employer would be participating in this underwriting if this were adopted. Councilmember McBryde moved to approve Mr. Bolton's request to abstain, seconded by Councilmember Cheek and carried unanimously 8 to 0. City Attorney Cogswell stated Councilmember Bolton had sent a letter to the PWC prior to their action explaining his involvement with Shearson-Lehman-Hutton, which reveals he is qualified to be exempted by statute. In order for Council to take action, the following resolution should be adopted. Resolution No. R1990-85a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING BOND UNDERWRITERS AND FINANCIAL ADVISORS WHEREAS, the Public Works Commission has recommended the selection of Paine-Webber/First Union Securities with a proviso that arrangements be made to ensure participation by Shearson-Lehman-Hutton, Inc., and Merrill Lynch/Wachovia, and whereas Councilmember Tommy Bolton is not in any manner interested or concerned or interested in making such contract or in the profits thereof as set forth in G.S. Section 14-234(c)(1). NOW THEREFORE BE IT RESOLVED that Paine-Webber/First Union Securities be selected as bond underwriter and financial advisor for the Public Works Commission and with arrangements to be made to assure participation by Shearson-Lehman-Hutton, Inc., and Merrill Lynch/Wachovia. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Torrey. The motion carried unanimously 8 to 0 with Councilmember Bolton abstaining. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1990. D. Consideration of approval of Budget Amendment No. 1 to the 1990-1991 PWC Budget. PWC Manager Wood stated that this was omitted from the fiscal bear budget 1990-91. Amendment 1 is for farm improvements carried over from the previous year, but not included in the 1990-91 budget. The changes include a 44-foot by 50-foot hay storage barn in the amount of $17,000.00 and the second was for a drainage ditch improvement for the farm in the amount of $8,000.00. Councilmember Kendrick moved to approve the amendment as recommended, seconded by Councilmember Ross and carried unanimously. 5. Consideration of adoption of an ordinance of the City Council of the City of Fayetteville amending Chapter III, "Governing Body: and Chapter IV, "Elections" of the Charter of the City of Fayetteville regarding the terms of election of the Mayor and Members of the City Council. This item was presented by City Attorney Bob Cogswell. Mayor Dawkins asked what would need to be done to have a referendum if this was the wish of the Council. Mr. Cogswell responded that if Council adopts the proposed ordinance changing the terms of the Mayor and members of the City Council, then the petitions submitted calling for a referendum would be taken to the Board of Elections to verify if ten percent of the registered voters have signed the petition. If they are verified, then there would be a referendum in November. The petitioners have 30 days to get the validated number of signatures. If the petitions are not valid, and the ordinance has been adopted, then the terms will be changed. AN ORDINANCE AMENDING CHAPTER III, "GOVERNING BODY" AND CHAPTER IV, "ELECTIONS" OF THE CHARTER OF THE CITY OF FAYETTEVILLE REGARDING THE TERMS OF ELECTION OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL. ORDINANCE NO. S1990-13. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Robertson and carried 6 to 3 with Councilmembers Evans, McBryde and Cheek voting against. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1990. 6. Consideration of a request to amend the Charter of the Fayetteville Appearance Commission. Dan Hicks, Appearance Commission Chairman, presented this item requesting to extend the seats from seven to nine for two additional at-large categories. Mr. Hicks stated they were also requesting the ability to use County residents members which will allow consideration of the concerns of future annexed areas. Councilmember McBryde stated he felt we should be able to utilize the City residents. Mr. McBryde moved to adopt the amendment to the Charter of the Appearance Commission changing the membership by adding two additional at-large categories. The motion was seconded by Councilmember Robertson and carried unanimously. The City Attorney asked Council if the one-year term of the new appointee at-large would allow that person to serve a total of five years instead of the four years total. Council responded in the positive. Mr. Cogswell stated he would write this so it would be reflected as such. 7. Consideration of an ordinance of the City Council of the City of Fayetteville creating a new Chapter 24A "Police Auxiliary" of the Code of Ordinances of the City of Fayetteville. This item was presented by Assistant City Manager Roger Stancil recommending adoption of the ordinance. AN ORDINANCE CREATING A NEW CHAPTER 24 A "POLICE AUXILIARY". ORDINANCE NO. S1990-14. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1990. 8. Consideration of Traffic Services fee schedules: This item was presented by Traffic Services Director Louis Chalmers requesting adoption of the fees as submitted. A. Parking operations FEE SCHEDULE Manufacturing Leased Space Sign $15.00 Relocating Leased Space Sign $10.00 New/Replacement Quarterly Parking Card $ 5.00 B. Traffic operations reports FEE SCHEDULE Traffic Court Reports $ 35.00 Traffic Accident Reports $ 40.00 Traffic Services Work Order Reports $ 35.00 Traffic Signal Operations Reports $ 40.00 Expert Witness Fee $150.00/hour C. Street markers/traffic control signage. STREET MARKER FEE SCHEDULE HIGH INTENSITY STREET NAME MARKER BLADES (EACH) LIST PRICE CITY COST 7" x (7.09/6" length) 7" x 24" $ 36.95 $ 28.36 7" x 30" $ 46.10 $ 35.45 7" x 36" $ 55.30 $ 42.54 7" x 42" $ 64.50 $ 49.63 7" x 48" $ 73.75 $ 56.72 9" x (9.31/6" length) 9" x 24" $ 49.40 $ 37.24 9" x 30" $ 60.50 $ 46.55 9" x 36" $ 72.60 $ 55.86 9" x 42" $ 84.70 $ 65.17 9" x 48" $ 96.80 $ 74.48 9" x 54" $108.95 $ 83.79 9" x 60" $121.00 $ 93.10 9" x 66" $133.15 $102.40 STREET NAME HARDWARE Cap and offset $ 8.25 $ 6.35 9 feet street post $ 10.00 $ 7.69 INSTALLATION 2 man crew and vehicle $ 50.00/hour TRAFFIC CONTROL SIGNAGE FEE SCHEDULE TRAFFIC SIGNS LIST PRICE CITY COST 6" x 12" $ 1.90 $ 1.47 6" x 36" $ 5.90 $ 4.52 12" x 18" $ 5.85 $ 4.50 12" x 36" $10.70 $ 8.22 18" x 18" $ 8.00 $ 6.17 18" x 24" $10.70 $ 8.22 24" x 24" $15.00 $11.56 24" x 30" $18.25 $14.04 24" x 36" $21.05 $16.20 30" x 30" $22.25 $17.13 36" x 36" $32.35 $24.90 24" STOP $13.30 $10.25 30" STOP $20.80 $16.00 30" YIELD $12.25 $ 9.43 36" YIELD $14.15 $10.88 STEEL POSTS LIST PRICE CITY COST 9 feet $10.00 $ 7.70 11 feet $12.25 $ 9.41 13 feet $14.45 $11.12 INSTALLATION 2 Man crew and vehicle $50.00/hour Councilmember Kendrick moved to adopt the fee schedules as submitted, seconded by Councilmember Bolton and carried unanimously. 9. Consideration of appointment of Citizens Committee for the Stormwater Management Study. City Engineer Bob Bennett presented this item and requested approval of the Citizens Storm Water Management Steering Committee to be appointed by the Mayor with the recommendations as shown in the packet. Councilmember Kendrick stated he could not vote in favor with the categories as shown. Mayor Pro-Tem Evans moved to approve the appointment of this committee by the Mayor, seconded by Councilmember Cheek and carried 8 to 1 with Councilmember Kendrick voting against. 10. Consideration of experimental transit service to Fort Bragg. Assistant City Manager Stancil stated that no additional funds would be requested for the first three months of the trial period if Council approves the expansion of this service. Mr. Stancil stated this would be scheduled to begin September 1, 1990. Transit Director Jerome Brown made a lengthy presentation of the suggested routes. Following discussion, Council instructed Mr. Brown to return to the next regular Council Meeting on August 6 with additional information to include more alternative routes. 11. Consideration of an ordinance of the City Council of the City of Fayetteville amending Section 26A-12, "Failure of Owner to Display Proper Number After Notice; Removal of Unofficial Number; Display of Official Number at Owner's Expense" of the Fayetteville City Code of Ordinances. This item was presented by Assistant City Manager Roger Stancil stating that this changes the enforcement from the Planning Department personnel to the Police, Fire and Inspection personnel. Mr. Stancil also requested that a change in the ordinance on the first page, paragraph (b), second line, should show "said resident" instead of "said property owner" shall be issued the citations. AN ORDINANCE AMENDING SECTION 26A-12, "FAILURE OF OWNER TO DISPLAY PROPER NUMBER AFTER NOTICE; REMOVAL OF UNOFFICIAL NUMBER; DISPLAY OF OFFICIAL NUMBER AT OWNER'S EXPENSE". ORDINANCE NO. S1990-15. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption with the change as requested, seconded by Councilmember Torrey and carried unanimously. Councilmember Cheek requested that information concerning this ordinance be gotten to the citizens in a timely manner. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1990. 12. Report from Streets, Roads and Transportation Committee: A. Consideration of adoption of resolution to close a portion of Beckwith Avenue. This item was presented by City Attorney Cogswell recommending the adoption of the resolution setting a public hearing for August 20. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF BECKWITH AVENUE. RESOLUTION NO. R1990-66. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1990. B. Consideration of approval of traffic signal at Purdue and Village Drive. This item was presented by Councilmember Kendrick, Chairman of Streets, Roads and Transportation Committee, recommending approval of the traffic signal at Purdue and Village Drive. Louis Chalmers stated the installation should be within 120 days from date of approval. Councilmember Kendrick moved to approve installation of the traffic signal at Village Drive and Purdue Drive, seconded by Councilmember Robertson and carried unanimously. At this time Council asked City Engineer Bennett for the completion date of Old Street construction. Mr. Bennett responded that Old Street would hopefully he opened at the end of August. 13. Appointments: A. Nominations to fill four vacancies on Board of Adjustment. R. Cecil Carlyle was unanimously elected to serve a second term as alternate to July 31, 1993. The following members were elected to serve a three year term to July 1993: Walter Moorman with nine votes to serve a second term, Glorious Fowler with six votes to serve a first full term, and Crawford McKeithan with seven votes to serve a second term. Betty Jane Moore received five votes. B. Nominations to fill one vacancy on Redevelopment Commission. There were no nominations made to fill the term of Malcolm Fields to December 1990. At this time Mayor Pro-Tem Evans stated Ms. Terry Ciszek will be unable to serve on the Joint Planning Board. This vacancy will be placed on the next agenda. 14. Administrative Reports: A. Statement of taxes collected for the month of June, 1990, from the Cumberland County Tax Collector. The report was submitted showing a total amount of $74,125.61 in collections for the month of June 1990. B. Report on disposal of surplus property of minimal value. A copy is attached to and made a part of these minutes. C. Report on Comprehensive Marketing, Management, and Development Plan for Downtown Parking. Assistant City Manager Roger Stancil stated the money is in the budget that was just adopted and this is not to exceed $9,850.00. Council had no objections. D. Report on expansion of sanitation pilot program. Assistant City Manager Roger Stancil presented this item with the recommendation that the program be implemented City-wide for once-a-week garbage pickup and once-a-week trash pickup. The recommendation for trash pickup be on Monday for the Monday/Thursday route and Tuesday for the Tuesday/Friday route so it will be picked up at the first of the week. The program is recommended to begin August 6, 1990, because they need ample time to advertise. They will also require trash to be put on or in something for efficient pickup. 15A. Claim of Roosevelt F. Odom, Jr., against Wesley Waters, Police Officer. City Attorney Cogswell recommended settlement of the claim in the amount of $7,500.00. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Cheek and carried unanimously. 15B. Condemnation case of property of Gary Logan and wife on the west side of Cain Road. City Attorney Cogswell recommends settlement in the amount of $39,000.00. Councilmember Road moved to follow the recommendation, seconded by Councilmember Cheek and carried unanimously. At this time, Councilmember Cheek stated he would be out of town at the time of the information Meeting next Monday and requested to be excused. Councilmember Pillow moved to excuse Councilmember Cheek from the Information Meeting next week, seconded by Councilmember Bolton and carried unanimously. There being no further business, upon a motion and second the meeting was adjourned at 9:50 p.m. Approved September 17, 1990 Attachment Please note: To view the Disposal of Surplus Property of Minimal Value table, please see Book X, page 409 of the City of Fayetteville, Meeting Minutes. INFORMATION MEETING MONDAY, JULY 23, 1990 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, JULY 23, 1990 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans; Nat Robertson, Jr.; Milo McBryde; Tommy Bolton; Ida Ross; Joseph L. Pillow; Thelbert Torrey; and Mark Kendrick Absent: Councilmember Suzan K. Cheek (excused) Others Present: John P. Smith, City Manager Robert C. Cogswell, Jr., City Attorney Roger L. Stancil, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert M. Bennett, City Engineer Mayor Dawkins called the meeting to order. Councilmember Robertson offered the invocation, followed by the Pledge of Allegiance to the American Flag. Upon motion by Councilmember Ross, seconded by Councilmember Pillow, Council voted unanimously to approve the agenda. Council first heard a presentation on the Storm Water Management Study being conducted by Sutton, Kennerly, and Associates and funded by bond funds. City Engineer Bob Bennett introduced Doug Jewell of Sutton, Kennerly who discussed the elements of the study in detail and the requirements of the Storm Water Management Study Committee. Assistant City Manager Roger Stancil reviewed for the Council the lengthy history of negotiations between the City of Fayetteville and the Bonnie Doone Fire District regarding the proposed transition agreement. He stated that members of the Bonnie Doone Fire District Board of Directors were in attendance and Mayor Dawkins recognized them individually. Mr. Stancil reviewed the provisions of the agreement and Fire Chief Pete Piner stated his endorsement of this agreement. City Traffic Engineer Louis Chalmers reviewed for Council the staff study on private streets. He stated that City departments and the Public Works Commission were concerned about the continued development of private streets in large subdivisions and the potential impact on the provision of City services. Mr. Chalmers reviewed the policy proposed by the staff committee. City Manager John Smith indicated that the staff would meet with representatives of local developers and home builders for their comments and input on this proposed policy. He indicated that he would have recommendations after that meeting available for the Streets, Roads, and Transportation Committee and the City Council within the next 45 days. City Manager John Smith reported on the status of a skateboard facility in the City of Fayetteville. In summary, negotiations with a private operator for a public/private partnership in the operation of a skateboard facility have come to a halt. There currently are no plans for a skateboard operation of any kind. Robert Barefoot, Parks and Recreation Director, stated that funds for this project were not in the current operating budget but could be included in bond projects developed at Glendale Acres School if the bond referendum were approved in August of 1990. City Manager John Smith then reviewed the need for redistricting as a result of the 1990 Census and annexations approved by Council and submitted to the Justice Department for preclearance. Mr. Smith recommended that the City contract with Mr. Jerry Wilson who assisted in the previous establishment of the current districts. Mr. Smith indicated that he would negotiate a contract with Mr. Wilson and bring it back for Council approval if there were no objection. City Attorney Bob Cogswell presented a summary of purchasing law and procedures. Mr. Cogswell and Craig Hampton, Purchasing Agent, answered questions by the Council on these procedures and the City's process. Upon motion by Councilmember Ross, seconded by Councilmember Bolton, Council voted unanimously to adjourn. JOINT MEETING WITH PUBLIC WORKS COMMISSION MONDAY, JULY 30, 1990 FAYETTEVILLE CITY COUNCIL JOINT MEETING WITH PUBLIC WORKS COMMISSION BUTLER-WARNER GENERATION PLANT MONDAY, JULY 30, 1990 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans; Nat Robertson, Jr.; Milo McBryde; Tommy Bolton; Ida Ross; Joseph Pillow: Thelbert Torrey; Suzan Cheek; and Mark Kendrick Public Works Commission Members Present: Vice-Chairman Lyndo Tippett and Treasurer William H. Owen, III Public Works Commission Members Absent: Chairman Thomas M. McCoy and Secretary Robert C. Williams Mayor Dawkins called the meeting to order and recognized PWC Vice-Chairman Lyndo Tippett. Mr. Tippett recognized PWC Manager Tim Wood who reviewed the agenda for the meeting, a review by PWC staff of the schedule of intent by PWC to finance various projects with bond funds. Mr. James Rose, Support Services, reviewed the warehouse facility, electric and water/sewer operations center, and administration building projects. Mr. Steve Vessey, Customer Services, discussed the Satellite Office Project. Mr. James Martin, Director of Electric Facilities, reviewed the County Recreation Park substation, the Point of Delivery ƒ3, a Mobile Transformer, Kelly-Springfield Service improvements, Raeford Road ƒ2 Substation rebuild, and Raeford Road ƒ1 Substation rebuild. Mr. Henry Powers reviewed water improvements including the Cape Fear River Pump Station, 3 MG Storage Tank/Pump Station, .25 MG Storage Tank/Pump Station, Glenville Lake Water Treatment Plant improvements, and a 16,000 foot 36-inch raw water main from the Cape Fear River to the Glenville Lake Water Treatment Plant. Steve Blanchard discussed the Butler Water Generation Plant. There being no further business, the Council and Commission adjourned for a tour of the Butler-Warner Generation Plant. REGULAR MEETING AUGUST 6, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 116 GREEN STREET August 6, 1990 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (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 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 Robert Barefoot, Parks & Recreation Director Robert M. Bennett, City Engineer Jerome Brown, Transit Director Louis Chalmers, City Traffic Engineer Richard Herrera, Community Services Director Janice Gerald, Community Development Director Kai Nelson, Finance Director Pete Piner, Fire Chief William T. Ray, Airport Manager Tim Wood, PWC Manager W. Lyndo Tippett, Vice Chairman, Public Works Commission William H. Owen, III, Treasurer, Public Works Commission Gen. Joe Nagel, Affordable Housing Coalition Members of the Press INVOCATION The invocation was offered by the Reverend David M. Chamberlain, St. John's Episcopal Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins announced that Blount Street will be closed to traffic from Robeson Street to Winslow Street, August 7-10, 1990, as a result of the widening of Robeson Street. Mayor Dawkins read aloud a letter of apology to Mr. John Whitley, Vice President of Southern National Bank, for the premature disclosure to the news media of their intent to initiate foreclosure on the Prince Charles Hotel. The letter stated that this disclosure was the result of an improper release of a memorandum from the City Manager to the City Council clearly marked "Confidential." 1. Approval of Agenda: City Manager John Smith requested that Item 2 D. be removed from the agenda as staff needs to look at the wording in this agreement. Councilmember Kendrick moved to approve the agenda with the removal of Item 2 D., seconded by Councilmember Ross and carried unanimously by voice vote. 2. Consent: City Manager John Smith noted a correction was needed in the backup information on Item 2 O. In the Lease Agreement, page three, first line, first word "month" should be deleted and "year" added. Sentence should read "..terms of this lease shall be Eight Dollars and Fifty Cents ($8.50) per square foot, per year..." Councilmember Kendrick moved to approve the consent agenda with the correction to Item 2 O. After a second from Councilmember Ross, the consent agenda and following items were unanimously approved: A. Approval of minutes of City Council regular meeting of June 4, 1990. B. Approval of minutes of City Council regular meeting of June 18, 1990. C. Adoption of a resolution setting a public hearing for September 4, 1990, to close a portion of Pugh Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF PUGH STREET. RESOLUTION NO. R1990-87. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1990. D. (PULLED FROM AGENDA) E. Set public hearing for September 4, 1990, to consider amendments and revisions to the City of Fayetteville Code of Ordinances by amending Chapter 32, Section 22 "R15 Residential District" by creating Item (17.1) to provide for radio towers after obtaining a Special Use Permit. Also amending Section 24 "R6 Residential District" by deleting Item (8). (P90-59) F. Set public hearing for September 4, 1990, to consider an application by Swayn G. Hamlet for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-22(17.1) to operate a radio tower in an R10 Residential District for an area located west of Plantation Road Extension, South of Grafton Avenue. (P89-159) G. Set public hearing for September 4, 1990, to consider the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the south side of McArthur Road (SR 1600) and the west side of Ramsey Street (U.S. 401). (P90-80) H. Set public hearing for September 4, 1990, to consider the initial zoning to PND Planned Neighborhood District or to a more restrictive zoning classification for an area located on the east side of Shawcroft Road, south of Kirkwall Road. (P90-81) I. Set public hearing for September 4, 1990, to consider the initial zoning to R10 Residential District, PND Planned Neighborhood District, C1 Local Business District and C1P Shopping Center District or to more restrictive zoning classification for an area located on both sides of Raleigh Road (U.S. 401) and being south of McCloskey Road (SR1610). (P90-82) J. Set public hearing for September 4, 1990, to consider the initial zoning to PND Planned Neighborhood District or to a more restrictive zoning classification for an area located north of Country Club Drive (U.S. 401 Bypass), west of Hastings Drive. (P90-93) K. Approval of proposed revisions to Section 20-106: 1. Traffic Schedule 6 - Stop Intersections AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (VARIOUS STREETS). ORDINANCE NO. NS1990-26. 2. Traffic Schedule 14 - Yield Right-of-Way AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (Cardiff Street). ORDINANCE NO. NS1990-27. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1990. L. Approval of acceptance of State Grant Agreement 9-9544900 for Fayetteville Regional Airport projects. WHEREAS, a grant in the amount of $42,803.00 has been approved by the Department based on a total estimated cost of $856,059.00; and WHEREAS, an amount equal to or greater than 50 percent of the non-federal share of the total project cost has been appropriated by the Sponsor for this Project. NOW THEREFORE, BE AND IT IS RESOLVED THAT THE Fayetteville Regional Airport of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any mutually agreed upon modification thereof. M. Adoption of Capital Project Ordinance 91-2. To document authorization by the Department of Housing and Urban Development for the 1990-91 program year entitlement in the amount of $907,000. The grant/project consists of four major activities as follows: 1. Rehabilitation and Conservation $382,000 2. Youth Sports Cultural Program $ 25,000 3. Senior Citizens Housing Development $320,000 4. Administration $180,000 N. Authorize Mayor to execute Transition Agreement with Bonnie Doone Fire District. O. Approval of advertisement of Lease Agreement between City of Fayetteville and Carolina Telephone for space in the new City Hall. 3. PWC Matters: A. Consideration of adoption of resolution establishing intent for financing various projects. (Continued from July 16, 1990, meeting) This item was presented by PWC Vice Chairman Lyndo Tippett. Mr. Tippett stated Council had previously been given a five-year plan (Exhibit A of Resolution) which estimates total expenditures to be $58,323,050.00. Council was given a handout that listed various projects totalling $39,711,000.00. These projects were taken from the five-year plan and are projects PWC anticipates engaging in within the next two years. Mr. Tippett noted the primary purpose in asking for Council's adoption of this Resolution is to permit PWC to reach back and reimburse operations from bond funds--once the bonds are approved by Council and issued--for any engineering fees and various legal fees that may have been expended. Mayor Pro-Tem Evans moved that Council adopt Resolution; motion seconded by Councilmember Robertson. Councilmember McBryde asked if the Resolution to Establish Intent includes just the $39,711,000.00 shown on the handout or does it include the total $58,323,050.00 shown on Exhibit A. Mr. Tippett responded that PWC is asking for approval of intent to issue the $58,323,050.00 amount and that the handout was in response to Council's questions at the July 30, 1990, joint meeting. Councilmember McBryde stated he will vote against this motion as he is not in favor of PWC spending the $5.7 million to build a new administration building. Mayor Pro-Tem Evans stated that at the appropriate time she would like to see the City go out for bids on the Bond Counsel and then have same approved by Council. Following further discussion, Mayor Dawkins called for the vote on motion to adopt Resolution. Motion carried 8 to 1 with Councilmember McBryde voting against. RESOLUTION TO ESTABLISH INTENT FOR FINANCING VARIOUS PROJECTS OF THE PUBLIC WORKS COMMISSION. RESOLUTION NO. R1990-88. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1990. 4. Presentation by the N.C. Commissioner of Motor Vehicles regarding data gathering project in Fayetteville on automotive emissions. N.C. Commissioner William Hyatt was unable to attend this meeting and he asked his Administrative Assistant, M. Bristol, to present this item. Mr. Bristol stated that DMV is very committed to the clear air program and works closely with the Division of Environmental Management to clean up the air--a top priority in order to bring North Carolina into attainment so that Federal funding will be continued. The Federal Government has identified 19 non-attainment counties; Cumberland County is third as far as non-attainment with Guilford County being the worst and Forsyth County next. Mr. Bristol said they have dealt with a number of our stations giving them information on what they will need to initiate this emissions testing program as a part of their safety inspections. An emissions testing machine will have to be purchased by the stations, and safety inspections fees will be increased to help offset this cost. As of October 1, the regular inspections fee will be $7.25; with the emissions testing, the fee will be $15.40. Mr. Bristol advised the specs for this machine have not been completed yet, but the estimated cost to the station owners will be $12,000.00. He also pointed out that many stations have this machine already as it is needed in the repair of computer systems in the new cars. At this time, they are wanting to conduct a voluntary roadside survey in the Fayetteville/Cumberland County area to get an idea of how many vehicles are failing in the emissions area. A definite date for the mandatory testing of vehicles registered in Cumberland County has not been set. For Guilford & Forsyth Counties, the effective date of July 1, 1991, has been set so Cumberland County's date will be shortly thereafter. Several councilmembers voiced that they feel the emissions testing requirement should be statewide, not just 19 counties. Councilmember Cheek stated that since this item has grown from being a site selected for testing to something that will have a tremendous financial impact on the citizens, she would like to request a detailed presentation at an Information Meeting sometime in the fall. Councilmember McBryde asked if the City will make any monetary contribution. City Manager responded no, only some staff assistance in the roadside survey. Council left Chambers and gathered in the City Hall parking lot to observe a demonstration of emissions testing machine, MGA-9000, from Sun Electric Corporation. Upon return to the Council Chambers, discussion of the emissions testing resumed. Councilmember Cheek requested that it be made very clear to the public that the roadside survey is voluntary and that traffic not be interrupted. Councilmember Kendrick asked if the Sun Electric Corporation is the only company that manufactures the machine required for the emissions testing. City Traffic Engineer Louis Chalmers answered that it is not and that the machine will be put out for bids when the specifications have been completed. The City Manager, in conclusion, stated that the City really does not have a choice in the matter as direction is coming from the Legislature and the EPA. 5. Presentation by Committee for Better Parks. This item was presented by Karl Legatski, Co-Chairman of the Committee for Better Parks. Mr. Legatski stated the purpose of this presentation was to acquaint Council with their program. The committee was organized in June 1990 by Brad Hurley and himself to support the $11.5 million Parks and Recreation Bond Issue. At present, approximately 20 people are working on this committee. The schedule for the committee was set as follows: for the month of June, to formulate a plan to raise money; July, to get information organized and published; and August, to work towards bringing it all together on August 28th. Mr. Legatski advised that at this point they are very much on tract. The campaign was announced two weeks ago to the media and civic organizations in Fayetteville, and the committee asked for their endorsement and advised 12 speakers were available to address their groups. The committee has received 24 endorsements and the speakers are very busy. The biggest obstacle encountered is misinformation and that is why the campaign is designed primarily to inform. An insert that will be in the paper next week was given to the Councilmembers with a campaign button--this insert gives the factual information. In closing, Mr. Legatski thanked Council for their support and encouraged everyone to vote "yes" for the Parks and Recreation Bond Issue on August 28, 1990. 6. Presentation by Fayetteville-Cumberland County Arts Council regarding "Art in Public Places" program. Arts Council Associate Director Libby Seymour came forward and thanked Council for their past support and continued appropriations for the Arts Council and other cultural organizations in Fayetteville. Ms. Seymour stated that they were here tonight to discuss a public art collection for the new City Hall and a medieval festival to celebrate the renaissance of downtown, but mostly they were here to talk about the future and how the adoption of a Public Art Policy can be an investment in the ongoing cultural and artistic stability of Fayetteville. Ms. Seymour introduced the Arts Council Board Member, Tony Rand, who outlined the Art In Public Places policy. Mr. Rand also reviewed the Renaissance Festival Project proposed for October 20, 1990. The proposed City Hall Art Acquisition Budget includes the following: Fifteen art purchases $30, 000.00 Renaissance Festival opening 10,000.00 City of Fayetteville allocation $40,000.00 Juan Cruz/School children mural $2,000.00 NEA Grant for outdoor sculpture 20,000.00 (pending - funding by October 1992) 20,000.00 Local funding for outdoor sculpture (pending - funding by October 1990) $42,000.00 TOTAL PROJECT $82,000.00 There were several questions directed to Mr. Rand from Council. Mayor Pro-Tem Evans stated we do not have the $40,000.00 in the budget for this year and recommended that the policy be given to the Policy Committee for further study. Mr. Rand responded that there is no problem with the policy being sent to the Policy Committee for review but the Arts Council had hoped the $40,000.00 would be approved in the very near future. Mayor Pro-Tem Evans praised the Arts Council for what they have done and recounted the monies the City had budgeted for the Arts Council. Councilmember Pillow asked the City Manager if any monies had been set aside for public art in the financing of the new City Hall. The City Manager replied none had been and added that he felt this would be a benefit to the City to be able to participate in this project. The City Manager further stated that if the proposed budget is approved, monies would be appropriated out of the fund balance. Councilmember Bolton asked under whose ownership would the art purchases become if the City contributes the funds. Mr. Rand replied that the City would be the owner. Councilmember Bolton moved that the Art in Public Places Program Policy be given to the Policy Committee for review. Motion seconded by Councilmember Ross and carried unanimously. Councilmember Bolton moved that the City Manager and his staff determine if funds can be made available and, if so, from where, for the City Hall Art Acquisition Budget and report back to Council at the next regular meeting. Motion was seconded by Councilmember Pillow. Discussion followed. Mayor Pro-Tem Evans pointed out that Council was not able to put any monies in the budget this year for sidewalks, and there is a great need for basic City services. Due to these factors, Mrs. Evans stated she cannot vote in favor of this motion. Following further discussion, Mayor Dawkins called for the vote. Motion carried 8 to l with Mayor Pro-Tem Evans voting against. 7. Consideration of approval of Municipal Agreement for improvements to railroad signalization at Hay Street and Winslow Street. This item was presented by Louis Chalmers, City Traffic Engineer. Mr, Chalmers stated that several months ago the NCDOT staff from the Railroad Section had asked the City for a field review of several railroad projects around the community. At that time, NCDOT brought to the City's attention a proposed municipal agreement to modify the railroad signalization at the intersection of Hay Street and Winslow Street. According to NCDOT, this intersection has the highest railroad investigative index this year of any railroad crossing in the state. Mr. Chalmers advised that over the past eight years there have been seven vehicle/train accidents and one pedestrian/train accident; the accident pattern was reviewed. NCDOT is suggesting that they be allowed to proceed with the preliminary design and engineering study of this location, negotiate with the railroad regarding the improvements, and come back to Council at a later date with a final estimate of what they propose to do. This agreement would obligate the City for 10 percent of the estimated $80,000.00 project cost plus one-half of the estimated $1,250.00 per year railroad maintenance cost. Should the City not wish to proceed with the project, the City would be billed for 10 percent of the preliminary engineering costs incurred to that time. Councilmember Bolton moved that this agreement be approved and motion was seconded by Mayor Pro-Tem Evans. Following discussion, Councilmember Cheek offered a substitute motion that Council request a detailed explanation of NCDOT's analysis of the problem before the City starts paying them to design improvements. Councilmember McBryde seconded the substitute motion which carried 6 to 3 with Councilmembers Bolton, Evans, and Kendrick voting against. 8. Consideration of adoption of a resolution establishing a joint Fayetteville-Cumberland County Task Force on affordable housing. This item was presented by General Joe Nagel, a member of the Affordable Housing Coalition. General Nagel advised that the Cumberland County Commissioners had adopted this Resolution at their meeting held earlier this date. General Nagel stated the purpose of the Resolution is to bring together people from the private sector as well as the public sector to look at the housing situation for low and moderate income people here in the Fayetteville/Cumberland County area. Once the situation has been determined, the Task Force would seek solutions to alleviate the problems and design a strategy that the Council and Board of Commissioners can use as policy for treating and hopefully solving this problem during the next five to ten years. The Resolution calls for the Task Force to present a report to Council and Board of Commissioners by no later than April 30, 1991. Councilmember McBryde moved that the Resolution be adopted and Councilmember Ross seconded motion. The City Manager suggested that wording be added to the next to the last paragraph of the Resolution as follows: . . The Cumberland County Joint Planning Board and other appropriate City/County staff provide the Task Force on Affordable Housing staff support services necessary to accomplish its assignment; and... Councilmembers McBryde and Ross agreed to the addition. Councilmember Cheek asked if this would be a joint City/County committee and who would appoint the members. General Nagel answered that over the next 30 days they will come to Councilmembers and others in the community to ask for recommendations of individuals who are knowledgeable and interested in working on this Task Force. A list will then be assembled and brought to Council sometime in September for approval. Councilmember Kendrick asked about the funding of this program and voiced his concerns that in these joint City/County programs it seems the City has to always pay for itself while other municipalities in the area such as Hope Mills and Spring Lake are paid by Cumberland County. General Nagel replied that the Task Force will bring back their proposed solutions and it will be up to Council to approve or disapprove the funding. General Nagel added that it is his understanding that the solutions will be presented with the idea in mind that people will pay for what they get. Mayor Dawkins called for the vote on the McBryde/Ross motion with wording added as suggested by City Manager. Motion carried unanimously. RESOLUTION ESTABLISHING A JOINT FAYETTEVILLE-CUMBERLAND COUNTY TASK FORCE ON AFFORDABLE HOUSING. RESOLUTION NO. R1990-89. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1990. 9. Consideration of request from Dobson Drive residents for 25 Miles Per Hour Speed Limit. This item was presented by Louis Chalmers, City Traffic Engineer, recommending approval in accordance with policy. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (DOBSON DRIVE). ORDINANCE NO. NS1990-28. Councilmember Bolton introduced the foregoing ordinance and moved its adoption in accordance with policy, seconded by Councilmember Robertson, and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1990. 10. Presentation of alternative transit routes to serve Fort Bragg. City Manager John Smith directed Council's attention to his memorandum in the agenda packet in which he suggested Council may wish to schedule a public hearing to allow public input before making a final decision. Councilmember Kendrick moved that a public hearing be set for August 20, 1990, seconded by Councilmember Ross, and carried unanimously. 11. Presentation of report from Social Services Parking Task Force. This item was presented by City Manager. Mr. Smith gave Mayor and Council a copy of The Downtown Parking Task Force Report and reviewed the recommendations. The Task force recommendations as listed in the report are as follows: 1. A total of 580 parking spaces should be provided for DSS clients and employees distributed as follows: Number of Parking Spaces DSS DSS Parking Lot Owner Clients Employees Total DSS Building Site County 23 26 49 Main DSS Lot City 177 214 391 Ray Avenue/USO Lot City — 140 140 700 380 580 2. Neither attendants nor gates should be provided at the Main DSS Parking Lot and the Ray Avenue/USO Parking Lot. 3. The Main DSS Parking Lot should be posted "For DSS Client and Employee Parking Only" and the Deputy Sheriff assigned to the DSS Building should be authorized to patrol the lot. 4. The Ray Avenue/USO Parking Lot should be posted "For DSS Employee Parking Only." 5. The City of Fayetteville should provide maintenance for the Main DSS Parking Lot and the Ray Avenue/USO Parking Lot. 6. The Maiden Lane/Burgess Street Parking Lot should continue to provide 60 two-hour free parking spaces to be available to DSS clients as well as the general public on an "as available" basis. 7. The City of Fayetteville should operate the AMTRAK Parking Lot in such a manner as to provide access from Maiden Lane to Hay Street as an alternate method of access to the DSS Building until other access routes are developed. 8. The City of Fayetteville should lease the Main DSS Parking Lot and the Ray Avenue/USO Parking Lot to the County for a fee based upon the cost of providing the parking spaces (the cost of construction amortized over 20 years plus the annual maintenance cost, excluding land cost). The bottom line of the Task Force recommendations is that the City enter into a lease agreement with Cumberland County for $50,000.00 a year to be paid to the City to provide the parking and maintain it. Mr. Smith added that it is his understanding that there are funds available to the County through the DSS to help offset the County's costs. Mayor Pro-Tem Evans moved that the City Manager negotiate a lease with Cumberland County and bring back the proposed lease to Council and the County Commissioners for action. Councilmember Robertson seconded motion which carried unanimously. 12. Consideration of resolution directing the City Clerk to investigate the sufficiency of a petition for annexation received under G.S. 160A-31 (Lewis/Allen Property - Andrews Road at Ramsey Street). This item was presented by Assistant City Manager Roger Stancil. Mr. Stancil stated this is the first step in the annexation process and recommended that Council adopt the Resolution. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 (LEWIS/ALLEN PROPERTY, SOUTHWEST CORNER OF ANDREWS ROAD AND RAMSEY STREET "RALEIGH ROAD"). RESOLUTION NO. R1990-90. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow, 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 Resolution Book R1990. 13. Appointments: A. Nominations to fill one vacancy of Fayetteville Redevelopment Commission. Christina Smith, 412 Old Wilmington Road, was nominated by Councilmember Ross. B. Nominations to fill one vacancy on Joint Planning Board. Peggy Vick, 3205 Cluny Drive, was nominated by Councilmember Cheek; and Page P. Saunders, 1449 Thelbert Drive, was nominated by Councilmember Torrey. C. Nominations to fill one vacancy on Fayette Appearance Commission. The following nominations were made: Robert St. Onge, 457 McPhee Drive, was nominated by Councilmember Kendrick. Caroline Morine, 2831 Rosehill Road, was nominated by Councilmember Pillow. James M. Kizer, Sr., 2718 Skye Drive, was nominated by Councilmember Robertson. At this time, Councilmember Kendrick referred to the Police Department's Annual Report that was in the agenda packet. Councilmember Kendrick stated if this was the Annual Report that it was not as descriptive as last year's and he would like additional information. The City Manager advised he would provide a detailed breakdown of the report. 14. Administrative Reports: A. Statement of settlement of current taxes for period from July 1, 1989, through June 30, 1990, from the Cumberland County Tax Collector. Mr. Smith presented the Statement of Settlement of Current Taxes which is required under the provisions of General Statute No. 105-373(A)(3). The statement as received from Cumberland County is as follows: CHARGE: CHARGE 1989 $13,673,467.41 ADDED CHARGE 1989 626,396.71 TOTAL INTEREST COLLECTED 73,049.50 $14,372,913.62 CREDITS: DEPOSIT WITH FINANCE $13,844,015.14 INTEREST DEPOSITED WITH FINANCE 73,049.50 $13,917,064.64 RELEASES ALLOWED 73,216.91 REAL & PERSONAL BALANCE 382,632.07 ADJUSTMENT 0.00 $ 455,848.98 CHARGE: REAL & PERSONAL BALANCE 1988 $ 375,222.24 REAL & PERSONAL BALANCE 1987 81,631.53 REAL & PERSONAL BALANCE 1986 & PRIOR 129,790.02 BARRED BY STATUTE 1977 BILLS COLLECTED 0.00 $ 586,643.79 BARRED BY STATUTE: BARRED BY STATUTE 6,855.98 CREDIT FOR FIVE YEAR & PRIOR INSOLVENTS 0.00 6,855.98 CREDITS: REAL & PERSONAL COLLECTED 1988 $251,770.86 REAL & PERSONAL COLLECTED 1987 37,134.11 REAL & PERSONAL COLLECTED 1986 & PRIOR 36,052.98 RELEASES ALLOWED 1988 8,382.04 RELEASES ALLOWED 1987 2,313.30 RELEASES ALLOWED 1986 & PRIOR 1,083.96 REAL & PERSONAL BALANCE 1988 115,069.34 REAL & PERSONAL BALANCE 1987 42,184.12 REAL & PERSONAL BALANCE 1986 & PRIOR 85,797.10 ADJUSTMENT 0.00 $579,787.81 Upon motion by Councilmember Kendrick and second by Councilmember Ross, the meeting was adjourned at 9:17 p.m. Approved October 1, 1990 REGULAR MEETING MONDAY, AUGUST 20, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 116 GREEN STREET MONDAY, AUGUST 20, 1990 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large); Milo McBryde (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 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, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Bob Bennett, City Engineer Richard Herrera, Community Services Director Robert Barefoot, Parks and Recreation Director John C. Loving, Brown-Loving Company Members of the Press INVOCATION Mayor Dawkins called the meeting to order and Reverend George Blanchard, St. Matthews United Methodist Church, offered the invocation. Mayor Dawkins then led in the Pledge of Allegiance to the American Flag. At this time Mayor Dawkins stated that Councilmember Pillow has requested an excused absence from tonight's meeting due to being out of town. Councilmember Bolton moved to excuse Councilmember Pillow as requested, seconded by Councilmember Kendrick and carried unanimously. RECOGNITION Mayor Dawkins stated we all are aware of what is going on overseas and offer our prayers and support of the President and what he is doing. 1. Approval of Agenda City Attorney Cogswell requested that Item 3 C. (1) and (2) be reversed so the public hearing will come first. Councilmember Robertson moved for an executive session at the end of the meeting for possible litigation, seconded by Councilmember Cheek and carried unanimously 8 to 0. Councilmember Ross moved to list update on the Prince Charles Hotel on the next regular agenda, seconded by Councilmember Cheek and carried unanimously 8 to 0. Mayor Dawkins stated that Item 2 B. should show Council's information meeting instead of regular meeting. Councilmember Bolton moved to approve the agenda with the changes, seconded by Councilmember Cheek and carried unanimously 8 to 0. 2. Consent; Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Cheek requested to pull Item 2 F. and Councilmember Torrey requested to pull Item 2 I. for discussion. Mayor Pro-Tem Evans moved to approve the consent agenda with the exception of Items F. and I. After a second from Councilmember Robertson, the consent agenda and following items were unanimously approved: A. Approval of minutes of City Council information meeting of June 25, 1990. B. Approval of minutes of City Council information meeting of July 23, 1990. C. Approval of minutes of joint meeting of Fayetteville City Council and Public Works Commission on July 30, 1990. D. Approval of tax refunds. 1. Tax refund in the amount of $519.32 to Westwood Shell Service for clerical error by amending statements submitted correcting cost figures. 2. Tax refund in the amount of $10.46 to El Camino Resources, Ltd., for clerical error - 1988 equipment figure billed in error in 1969. Equipment not located here as of January 1, 1989. 3. Tax refund in the amount of $179.55 to George L. Scott for clerical error - illegal tax: military non-exempt. 4. Tax refund in the amount of $5.69 to Harold L. Alphin far clerical error - charged with incorrect amount of acreage. 5. Tax refund in the amount of $5.96 to Robert R. Carr for clerical error - did not own 1981 Honda MC. 6. Tax refund in the amount of $18.45 to Clyde Brown for clerical error - 1988 Chrysler listed as an 89 in error. 7. Tax refund in the amount of $2.11 to Kay C. Bowens for clerical error - did not own 1974 AMC. 8. Tax refund in the amount of $15.97 to Jack and Rita Behar for clerical error - did not own 1985 Subaru. 9. Tax refund in the amount of $82.92 to Robert Cellner for clerical error - did not own 1986 Chevy. 10. Tax refund in the amount of $94.73 to Robert E. Blackburn for clerical error - did not own 1987 Lincoln. 11. Tax refund in the amount of $5.80 to Richard Gerald for clerical error - did not own 1980 Chevy. 12. Tax refund in the amount of $20.13 to MaryJane B. Hailey for clerical error - did not own 1984 Buick. 13. Tax refund in the amount of $8.59 to Marie Haskins for clerical error - did not own 1981 Chevy. 14. Tax refund in the amount of $9.75 to Isla J. Pierce for clerical error - did not own 1979 Olds. 15. Tax refund in the amount of $4.16 to Tommie L. Purifie for clerical error - did not own 1975 Ford. 16. Tax refund in the amount of $29.14 to Glenn H. Thomas for clerical error - did not own 1984 Honda. 17. Tax refund in the amount of $8.40 to Raymond Davis for clerical error - cost figures corrected per depreciation schedules in audit folder. 18. Tax refund in the amount of $836.58 to Deco, Inc. for clerical error - charged with wrong value. 19. Tax refund in the amount of $19.47 to Cordell Everett for clerical error - 1982 Toyota valued incorrectly. 20. Tax refund in the amount of $273.09 to John R. Green, Jr. for clerical error - illegal tax: military non-resident. 21. Tax refund in the amount of $101.55 to Matthew Green-Hite for clerical error - leasehold improvements double listed. 22. Tax refund in the amount of $46.64 to Richard Harding for clerical error - did not own 1984 Lincoln. 23. Tax refund in the amount of $34.73 to Rickie Hodges for clerical error - did not own 1979 Buick. 24. Tax refund in the amount of $33.78 to Roosevelt Holmes for clerical error - did not own 1985 Ford Van. 25. Tax refund in the amount of $94.87 to Hedwig Ivanov for clerical error - 1987 Chevy truck double listed. 26. Tax refund in the amount of $3.37 to Treva Kuehne for clerical error - did not own 1973 Dodge. 27. Tax refund in the amount of $171.42 to Matthew Levy for clerical error - one of two houses double charged. 28. Tax refund in the amount of $1,064.80 to W.A. Maxwell and J.P. Riddle for clerical error - parcel originally disqualified for present use. 29. Tax refund in the amount of $13.07 to Ella Grace McIver for clerical error - did not own 1983 Plymouth. 30. Tax refund in the amount of $34.28 to James E. Nobles, Jr. for clerical error - did not own 1985 Chevy. 31. Tax refund in the amount of $42.05 to Pedro's Mexican Foods, Inc. for clerical error - 1977 Lincoln double charged. 32. Tax refund in the amount of $5.27 to Linda L. Rennick for clerical error - 1982 Ford truck charged as a 1983 in error. 33. Tax refund in the amount of $38.00 to Robert D. Riner for clerical error - did not own 1984 Buick. 34. Tax refund in the amount of $50.49 to Thomas A. Sawyer for clerical error - illegal tax: military non-resident. E. Approval of request for fireworks display permit from the Fayetteville Generals Baseball Team. F. (PULLED FOR DISCUSSION) G. Set public hearing for September 17, 1990, to consider an application by B&M Partnership 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 (1a) to allow automobile off-street parking for customers and employees in an R5 Residential District for an area located north of Grove Street, east of U.S. 301. (P90-93) H. Approval of Lease Agreement between the City of Fayetteville and Carolina Telephone for space in the new City Hall. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1990-91. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. I. (PULLED FOR DISCUSSION) 2F. Approval of the following Finance Department matters: Councilmember Cheek requested that in the future when there are budget ordinance amendments, more verbal explanation might be offered. She also requested that staff set up a special account for some of the odd requests instead of taking the monies from the general fund. For example, a donation account that could be carried year-to-year. Councilmember Cheek then moved to adopt the following budget ordinance amendment changes. The motion was seconded by Councilmember Robertson and carried unanimously 8 to 0. 1. Adoption of Budget Ordinance Amendment Change 91-1. This amendment appropriates $37,812 in General Fund restricted fund balance which resulted from unexpended contributions and donations (Police, Community Development, Parks and Recreation) and uncompleted project activities (Administrative Services and Personnel) at June 30, 1990. 2. Adoption of Budget Ordinance Amendment Change 91-2. This amendment appropriates various amounts in restricted fund balances from various funds for outstanding purchase orders (operating supplies, maintenance, equipment) issued in fiscal year 1990 which will be expended in fiscal year 1991. The amounts have been identified as part of the City's internal auditing efforts in conjunction with the external auditors and the preparation of the annual financial report. 3. Adoption of Budget Ordinance Amendment change 91-3. This amendment appropriates $7,355 in additional revenue for the following activities: Purpose Amounts Traffic Services - Signalization $5,000 Traffic Services - Expense Reimbursements 155 Human Services - Scholarships 200 Parks and Recreation - Operating Supplies 2,000 $7,355 The funds for the above activities have been received and deposited in the City's central depository. 2I. Adoption of Demolition Ordinances on the following: Councilmember Torrey asked if due process had been followed on these demolitions and if there were any homeless people living there now. Also, if these homes can be rehabilitated. Building Inspector Walter Haire responded that the due process had been followed and to his knowledge there were no homeless living there. He stated that every opportunity is given to the people to either repair or demolish the buildings. 1. Property located at Lot 90, Deep Creek Road (Owner: Mrs. John Gillard). AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. S1990-29. 2. Property located at 418 McDonald Street (Owner: Thomas E. and Donna E. Cooper). AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. S1990-30. Councilmember Torrey introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book S1990. 3. Public Hearings: Mayor Dawkins read the policy on the time limit for the public hearings. A. Consideration of initiation of experimental transit route to Fort Bragg. This item was presented by Transit Director Jerome Brown stating he is returning at Council's request with further alternate routes to Fort Bragg. Mr. Brown displayed maps showing options A through G and recommended option G via Sycamore Dairy Road, Bragg Boulevard, Gruber Road, Reilly Road, Womack Hospital to new Commissary because it would reach more potential riders. Due to the troops being deployed to Saudi Arabia, it is also recommended that implementation be delayed to a time mutually decided by City staff and Fort Bragg representatives. There was lengthy discussion and questions by Council of Mr. Brown. The public hearing was opened at 7:43 p.m. and appearing in favor was Clinton Harris, 4713 Watauga Road, Coordinator for Fayetteville/Cumberland County Citizens Association, P.O. Box 1792. He recommended option C via Sycamore Diary Road, Bragg Boulevard, Womack Hospital to new Commissary and use of one of the six buses for rapid turnaround. He stated this is needed on a permanent basis because 56 percent of the income of Fayetteville is from Fort Bragg. Also appearing in favor was Marie Pressler, 115 Hearthstone, representing the Handicapped Outreach Center of Cumberland County and Fayetteville. Mr. Pressler stated she felt that any transportation was better than no transportation and requested that this be equipped for wheel chairs and a competent driver. She also felt that the City should look for County participation as well. Milt Wofford, 110 Hillside Avenue, representing Fort Bragg and the Chamber of Commerce, appeared in favor suggesting Option G be made a reality and they also support the delay in implementation. Bud Tisdale, President of the Chamber of Commerce, appeared in favor stating they had worked very closely with the City staff and Fort Bragg and support any route that would be best for the personnel and families of Fort Bragg. They also support the delay in the implementation. Appearing in opposition was Mr. Lee Boughman, 314 Kirkwood Drive. He stated he was opposed because of the cost that is involved. The City has had to cut back its services for City residents that pay City taxes and feels we should not service Fort Bragg period. He suggested possibly meeting halfway with bus service and requested that the City use the money somewhere else to benefit the City taxpayers. There being none further to be heard, the public hearing was closed at 7:52 p.m. Councilmember Bolton moved to adopt Option G with the delay in implementation as recommended, seconded by Councilmember Torrey. Councilmember McBryde asked the City Manager if at the end of the trial run will Fort Bragg be asked to fund this, project and if they chose not to contribute, will the City proceed with the project. Mr. Smith responded that it is our intention to request participation by Fort Bragg and if they chose not to, we will not be able to proceed without additional funds in the budget. Councilmember McBryde stated he would have to vote against this project because he feels if Fort Bragg were serious about a bus route at this time, they would be willing to fund the project as far as the test goes. Mayor Pro-Tem Evans asked if there was money presently in the budget for this test run and if the money is in the budget for the fuel increase. Mr. Smith responded there would not be money to run the project past the 90-day period. He suggested that we do the test run and get a handle on the actual ridership and cost, then approach the powers that be and request their funding of their share of the deficit. As for the increase in fuel cost, we do not know what impact that is going to have on fur budget. Mr. Smith stated he feels that the fuel increase would probably have an impact on the ridership. Mayor Pro-Tem Evans offered substitute motion to delay action on adoption of the project until things stabilize at Fort Bragg. The motion was seconded by Councilmember Robertson. The substitute motion was defeated 5 to 4 with Councilmembers Bolton, Kendrick, Torrey, Ross, and Mayor Dawkins breaking a tie in opposition. Mayor Dawkins then called for a vote on the main motion and it carried 5 to 3 with Councilmembers Evans, Robertson and McBryde voting against. 3B. Consideration of adoption of a resolution for the paving (without petition) of Wintergreen Drive from Campground Road, northwardly to Jarvis Street. This item was presented by City Engineer Bob Bennett stating this is the advertised public hearing. He reviewed the assessment policy to include the thirty percent (30%) discount for early payment. Mr. Bennett recommended that Wintergreen Drive from Campground Road, northwardly to Jarvis Street be reconstructed on an assessment basis and brought up to City standards as other streets are being done. He also recommended that Council authorize City staff to negotiate a change order to the existing contract and get it underway for reconstruction as soon as the utilities are installed. Mr. Bennett estimates this project to be completed in early November. Mr. Bennett further stated that all 19 property owners on the street have been notified of this public hearing. The public hearing was opened at 8:02 p.m. There was none to appear in favor. Appearing in opposition was Emil Hawthorne, 206 Wintergreen. He agreed that the road should be improved, but stated it was in perfect condition before the City tore it up for water lines and sewer after taking it into the City. Mr. Hawthorne stated he felt residents should not have to pay to upgrade the street that the City damaged to begin with. Also appearing in opposition was Phillip Bohlen, 203 Wintergreen Drive, stating he is speaking for three other residents. They feel they should not have to pay for the street that the City damaged when they had no problem with the street before they were annexed into the City. He stated he feels he is being "blackmailed" into getting the road fixed by the City saying that if he wants his road fixed, it will cost him ten dollars ($10) a square foot. Mr. Bohlen stated that none of them are high income families and feel they cannot afford the taxes they are already paying, plus the assessment to fix the street that the City tore up. There being none further to be heard on this matter, the public hearing was closed at 8:15 p.m. Councilmember McBryde asked the City Manager if PWC should put the street back the way it was after installation. Councilmember Bolton asked if PWC is in any way liable to share in the participation of this project. City Engineer Bob Bennett responded that this street was borderline for patch or reconstruction and the City chose to patch the street. It has since deteriorated. Councilmember Kendrick stated any time a street is torn up for these laterals there will be disintegration of the street. Mr. Smith responded that there have been times when streets have been patched successfully, however Wintergreen has deteriorated rapidly due to weather and traffic. Councilmember Ross asked if the developers were not responsible for bringing the streets up to standard. Mr. Smith responded that the streets in the County developments were turned over to the State and the streets in the City developments were turned over to the City. He further stated that the City standards are higher than the state standards. Councilmember Cheek stated she does not feel that it is fair to these residents to assess them for a rebuilt street at this late date. Following some further discussion, the City Manager stated that if Council decides to repair the street instead of rebuilding the street, it would be without curbs and gutters. Councilmember Cheek moved to direct staff to repair the street properly without assessment, seconded by Mayor Pro-Tem Evans and carried 5 to 3 with Councilmembers Torrey, Ross, and Kendrick voting against. 3C. Consideration of closing a portion of Beckwith Avenue: 1. Adoption of a resolution for closing. This item was presented by City Engineer Bennett stating that this was the advertised public hearing for closing approximately 55 foot length of Beckwith Avenue. The public hearing was opened at 8:40 p.m. and appearing in favor was petitioner Mark Lynch, 833 Bragg Boulevard, stating this is of fairly substantial importance to the perspective growth of their firm. Mr. Lynch stated he would maintain the existing or a satisfactory alternate drainage system and that the drainage pattern can continue. Appearing in opposition was John Mott, P.O. Box 72, Harrells, North Carolina, a property owner abutting Beckwith Avenue. Mr. Mott stated the City had not notified him of this public hearing and he received word three hours ago from a friend. Mr. Mott also stated that Mr. Lynch had built his building twenty (20) feet into Beckwith Street. Mr. Mott then requested that Council not take action on this matter for 30 days. The City Attorney responded to Mr. Mott's statement about not being notified of the public hearing. Mr. Cogswell stated that statute requires abutting property owners be notified of the public hearing and Mr. Mott's property is not abutting the closed portion. Mr. Cogswell further stated that Mr. Mott will not be denied egress or ingress to his property by the closing. Council brought to Mr. Cogswell's attention that the corner of Mr. Mott's property touches the closed portion. Mr. Cogswell responded that on situations like this in the past the property owners have not been notified unless the property abutts the closed portion. There being none further to be heard on this matter, the public hearing was closed at 8:45 p.m. Mayor Pro-Tem Evans stated that since Mr. Mott is not denied ingress or egress to his property she moved to adopt the resolution to close this 55 foot portion of Beckwith Avenue, seconded by Councilmember Bolton. Mayor Dawkins requested a clarification of Mr. Mott's statement that Mr. Lynch has a building on the City street. City Engineer Bob Bennett responded that one of Mr. Lynch's buildings is encroached into that area and has been for many years. Mayor Dawkins then stated that this would not affect the vote on closing this portion of the street, however he feels it should be addressed one way or the other. Councilmember Cheek asked if this agreement alone binds Mr. Lynch to maintain the existing or an alternate drainage outlet satisfactory to the City. City Attorney Cogswell responded that if Council approves the agreement, which is the next item, this will be true. Mayor Dawkins called for a vote on the motion to adopt the resolution closing the portion of Beckwith Avenue and it carried 7 to 1 with Councilmember Torrey voting against. RESOLUTION AND ORDER CLOSING A PORTION OF BECKWITH AVENUE. RESOLUTION NO. R1990-92. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1991. 2. Agreement between an abutting property owner and the City for drainage. Councilmember Tholton moved to approve the agreement sent under separate cover by City Attorney Cogswell, seconded by Councilmember Kendrick. Councilmember Cheek asked how this would be enforced if the City was not satisfied with the drainage by Mr. Lynch. City Attorney Cogswell responded that the City could bring suit for breach of agreement. He stated Council could make it as part of the motion that none of these documents be recorded until drainage plans have been submitted and approved by the City Engineer. Councilmember Bolton and Kendrick amended the motion to include that none of these documents be recorded until drainage plans have been submitted and approved by the City Engineer. The vote was 7 to 1 with Councilmember Torrey voting against. 4. Consideration of sale of Adams Court Redevelopment Site to Brown-Loving Company. This item was presented by Community Services Director Richard Herrera recommended advertisement of the offer which is the appraised price of $50,600. He introduced Mr. John C. Loving, representing Brown-Loving Company, who stated if they are able to receive financing for this project, it will be developed for elderly which is 62 years and over and for low/moderate income elderly. Councilmember Cheek asked Mr. Loving if all 40 units of the project would be for low/moderate income elderly and he responded that it would. She requested that this wording be included in the notice to be advertised. The City Attorney stated this would be adjusted. Mr. Loving also injected that the units would also be available for handicap. Councilmember Torrey asked Mr. Loving if they knew how many two bedroom apartments they would have. Mr. Loving responded they would only have two, two bedroom units in a project of this size, however, there has been some discussion of having four, two bedroom units. Mayor Pro-Tem Evans moved to advertise the sale of Adams Court Redevelopment Site to Brown-Loving Company as recommended, seconded by Councilmember Cheek and carried unanimously 8 to 0. 5. Consideration of proposal from Fayetteville-Cumberland County Arts Council regarding "Art in Public Places" program. This item was presented by City Manager John Smith with a recommendation that $15,000 come from fund balance and $5,000 from various other accounts in Other Appropriations. Mayor Pro-Tem Evans stated that she and Mr. Evans had always supported the Arts Council in every way and would continue to do so personally, however, she could not vote to use this much money from the fund balance at this time. Councilmember Torrey stated he feels the Arts Council is the roots that began Fayetteville's revitalization, therefore he moved to use $40,000 as the City's share, with $30,000 going for direct purchase and $10,000 for a festival. The motion was seconded by Councilmember Ross. Councilmember Cheek stated she also supports the Arts Council and regrets this was not considered when the budget was being considered. Mrs. Cheek then offered substitute motion to appropriate $5,000 from various accounts from this budget to be used as match for other funds. Motion was seconded by Councilmember Kendrick. Councilmember McBryde offered a friendly amendment to the substitute motion to add $15,000 from the fund balance. Mrs. Cheek accepted the friendly amendment but stated she would not vote in favor of it. Mr. Kendrick accepted the amendment also. Mayor Dawkins called for a vote on the substitute motion and it failed 3 to 5 with Councilmembers Cheek, Robertson, Evans, Bolton and Torrey voting against. Following further discussion, Councilmember Kendrick stated that even though it would be too late for a match, he felt we should do something now and offered substitute motion to postpone voting to the September 4, 1990, meeting, seconded by Councilmember Bolton. There was further discussion concerning the deadline for the matching grant. Councilmember Kendrick withdrew his substitute motion and Councilmember Bolton withdrew his second. Councilmember McBryde then offered substitute motion to appropriate $20,000 with $5,000 from Other Appropriations and $15,000 from Council Contingency to be used as a match for other funds. Substitute motion was seconded by Councilmember Ross and the motion carried 5 to 4 with Mayor Dawkins breaking a tie. Voting in opposition was Councilmembers Robertson, Evans, Kendrick and Torrey. 6. Consideration of approval of amendment to contract for interlocal undertaking - taxes. This item was presented by City Manager John Smith stating that the recommendation for formal adoption on this item was withheld pending a response to Council's request for County collection of auto tag fees. Mr. Smith recommended that the proposed amendment be further amended to call for County collection of auto fees beginning with the 1991 tax bills. Councilmember Ross moved to follow the recommendation, seconded by Councilmember Robertson and carried unanimously 8 to 0. 7. Consideration of proposed Street Tree policy. This item was presented by City Manager John Smith stating that during budget time he recommended that Council set aside $30,000 from the Sidewalk Project to implement this program. This would be establishing a program by which civic groups, businesses or individuals could participate in a street tree planting on a matching basis. Staff recommends adoption of the proposed Street Tree Policy. Mayor Pro-Tem Evans asked if this was on a volunteer basis and would it be on public property. Mr. Smith responded they both would be. Councilmember Kendrick moved to follow the recommendations and adopt the Street Tree Policy, seconded by Councilmember Torrey and carried unanimously 8 to 0. 8. Consideration of appointment of Councilmember to Joint Compatible Land Use Study. Mayor Pro-Tem Evans nominated Councilmember Cheek to serve as the Councilmember on the Governor's Committee to Joint Compatible Land Use Study. Council was unanimous in Mrs. Cheek's appointment. 9. Appointments: A. Nominations to fill one vacancy un Redevelopment Commission. Councilmember Kendrick moved to elect Christina Smith (B/F), 412 Old Wilmington Road, Fayetteville, North Carolina, 28301 to fill the term of Malcolm Fields to December 31, 1990. The motion was seconded by Councilmember Ross and carried unanimously 8 to 0 by voice vote. B. Nominations to fill one vacancy on Joint Planning Board. Mayor Dawkins called for a vote and Mrs. Peggy Vick (W/F), 3205 Cluny Drive, Fayetteville, North Carolina, 28303 was elected with 7 votes to fill the vacancy of Mrs. Terry Ciszek to June 1994. Ms. Page P. Saunders received one vote. C. Nominations to fill three vacancies on Appearance Commission. Councilmember McBryde moved to elect the three nominees by acclamation, seconded by Councilmember Bolton and carried unanimously 8 to 0. The terms are as follows: Mr. Robert St. Onge (W/M), 457 McPhee Drive, Fayetteville, NC 28305, to fill the term of Louise Morgan to December 31, 1990; Mr. James M. Kizer, Sr., (W/M), 2718 Skye Drive, Fayetteville, NC 28303, elected to a one-year term to December 1991; and Ms. Carolene Morine (B/F), 2831 Rosehill Road, Fayetteville, NC 28301, elected to a two-year term to December 1992. 10. Administrative Reports A. Statement of taxes collected for the month of July, 1990, from the Cumberland County Tax Collector. The statement of taxes collected far the month of July, 1990, from Cumberland County Tax Collector shows a total collections of $40,773.65. B. Selection of Bond Counsel City Manager John Smith presented information in the agenda packet as requested at the last meeting and recommends that Council review this material and have the item on the information meeting for August for discussion. Council concurred. Councilmember Cheek referred to an information item in the agenda packet and asked that a report be given to the public concerning the status on the project of 1988 annexation areas. Councilmember Cheek also wanted to acknowledge the favorable reflection on our Police Department from the Police Report on Crime Trend Information for 1989. Councilmember Bolton requested an update on the Market House restoration at the information meeting. Mayor Pro-Tem Evans asked the City Engineer when Bow Street Project will be completed. Mr. Bennett responded it should be completed in approximately one month. City Manager John Smith stated that the City Attorney is preparing a ballot for the referendum on Council terms as requested by the Board of Elections. This will be presented to Council for their approval. Councilmember Robertson moved to enter executive session for possible litigation at 9:47 p.m. The motion was seconded by Councilmember Bolton and carried unanimously. Council reconvened into regular session at 9:55 p.m. and their being no further business, the meeting was adjourned upon motion and second. INFORMATION MEETING MONDAY, AUGUST 27, 1990 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBERS MONDAY, AUGUST 27, 1990 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans; Nat Robertson, Jr.; Milo McBryde; Tommy Bolton; Ida Ross; Joseph Pillow; Thelbert Torrey; Suzan Cheek; and Mark Kendrick Others Present: John P. Smith, City Manager Robert C. Cogswell, Jr., City Attorney Roger L. Stancil, Assistant City Manager for Operations Mayor J.L. Dawkins called the meeting to order and City Manager John Smith offered the invocation. Mayor Dawkins then led the audience in the Pledge of Allegiance to the American Flag. Councilmember Robertson moved to approve the agenda, seconded by Councilmember Ross and carried unanimously. Mrs. Jane Cherry presented a proposal from the town of Sagara, Japan for the City of Fayetteville to become its sister city. Upon motion by Councilmember Kendrick, seconded by Councilmember Ross, the Council voted unanimously to invite the delegation from Sagara to visit Fayetteville and discuss this proposal. Councilmember Evans suggested Mrs. Cherry invite the delegation during the International Folk Festival. City Attorney Bob Cogswell distributed a proposed ballot for the referendum on four-year City Council terms. Upon motion by Councilmember Kendrick, seconded by Councilmember Ross, Council voted unanimously to approve the ballot as shown below: REFERENDUM BALLOT ON FOUR-YEAR STAGGERED TERMS OF THE FAYETTEVILLE CITY COUNCIL On July 16, 1990, the Fayetteville City Council, pursuant to North Carolina General Statute Section 160A-102, adopted Ordinance No. S1990-13 amending its Charter, which if approved by a majority of those voting at this election, has the effect of changing from two years to four-year staggered terms the elected terms of the members of the City Council of the City of Fayetteville. To implement the change, the ordinance proposes that: (1) in 1991, those members elected from districts shall be elected to four-year terms and those members elected at-large and the Mayor shall be elected to two-year terms; and (2) after 1993, those members elected at-large and the Mayor shall be elected to four-year terms; and (3) after 1993, all members of the City Council, whether elected from districts, at-large or the Mayor shall be elected to four-year terms. SHALL THE ORDINANCE WHICH HAS THE EFFECT OF CHANGING FROM TWO YEARS TO FOUR-YEAR STAGGERED TERMS THE ELECTED TERMS OF THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE BE APPROVED? ( ) Yes ( ) No City Manager John Smith reviewed the process for the selection of a Bond Counsel and a proposed transition plan if a new Counsel were to be selected. Councilmember Robertson moved that the City issue a request for qualifications from other Bond Counsel who would be interested in representing the City and that the transition plan recommended by the City Manager be followed. Councilmember Bolton seconded the motion and asked Mr. Robertson if he would add a statement that the City Manager would bring the top two or three proposals back to the Council for consideration. Mr. Robertson indicated that he would he willing to add this language to his motion. The motion carried unanimously. Council next heard a status report on the Market House Restoration Project. Representative Bill Hurley reviewed the funds in hand and the expenditures to date. He also read a letter from the North Carolina Department of Transportation recently received by the Market House Restoration Committee committing $30,000 to the project. Mr. Glen Jernigan then reviewed for Council the details of his fund raising campaign. Assistant City Manager Roger Stancil reviewed the details of the Construction Project currently out fur bid. Mrs. Rosalee Kelly thanked the Council for their support of this project. City Manager John Smith and Personnel Director Al McKenzie presented a summary of the City's Affirmative Action Plan and reviewed for the Council the City's progress and success in exceeding its goals. Upon motion by Councilmember Evans, seconded by Councilmember Robertson, Council voted unanimously to adopt a resolution reaffirming the policy on equal employment opportunity for the City of Fayetteville, North Carolina. The title is as follows: RESOLUTION REAFFIRMING POLICY ON EQUAL EMPLOYMENT OPPORTUNITY FOR THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1990-92a. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1990. City Manager John Smith then reviewed the statue of the Prince Charles Hotel project with the City Council. Upon motion by Councilmember Kendrick, seconded by Councilmember Ross, Council voted unanimously to go into executive session for the purpose of evaluating the City Manager. Upon returning to regular session, Councilmember Bolton moved to adjourn. Councilmember Ross seconded Mr. Bolton's motion and the Council voted unanimously to adjourn at 10:07 p.m. REGULAR MEETING TUESDAY, SEPTEMBER 4, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 116 GREEN STREET TUESDAY, SEPTEMBER 4, 1990 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large); Milo McBryde (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 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, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Bob Bennett, City Engineer Al Mitchell, Assistant City/County Planning Director Tim Wood, PWC Manager Louis Chalmers, City Traffic Engineer Richard Herrera, Community Services Director Members of the Press INVOCATION Mayor Dawkins welcomed everyone to the first meeting in September. The invocation was offered by Rabbi Bernard P. Shoter, Beth Israel Congregation, followed by the mayor leading in the Pledge of Allegiance to the American Flag. 1. Approval of Agenda Councilmember Bolton moved to approve the agenda, seconded by Councilmember Pillow and carried unanimously by voice vote. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull Items 2 E. and G. for discussion. Mayor Pro-Tem Evans moved to approve the consent agenda with the exception of Items 2 E. and G. After a second from Councilmember Ross, the consent agenda and following items were unanimously approved: A. Approval of minutes of City Council regular meeting of July 2, 1990. B. Set public hearing for October 1, 1990, to consider amendments and revisions to the City of Fayetteville Code of Ordinances by amending Chapter 32, Article VIII, "Sign Regulations" Section 60.1. "C2S Central Business District," Item (e) by deleting the word "should" and substituting the word "shall." (P90-100) C. Set public hearing for October 1, 1990, to consider the rezoning from C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the southwest side of Bragg Boulevard and on the north side of Sycamore Dairy Road. (P90-102) D. Set public hearing for October 1, 1990, to consider an application by Franklin S. Clark 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 operate a country club in an R5 Residential District for an area located north of Village Drive, east of Purdue Drive. (P90-103) E. (PULLED FOR DISCUSSED) F. Adoption of a resolution to acquire right-of-way (Parcel W-28) for Hillsboro Street Sidewalk Project. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1990-93. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. G. (PULLED FOR DISCUSSION) H. Approval of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at 425 King Street. (P90-92) Councilmember Kendrick stated that the memo and the backup for this item shows that staff recommends M1 but the recommendation on the agenda is M2. Assistant Planning Director Al Mitchell responded that the recommendation was M2 and the reference in the memo concerning M1 Light Industrial District is just to show that another zone is appropriate for that area as well as the M2, but the actual recommendation was to the M2 Industrial District. Councilmember Kendrick then asked if this means they could go with a lighter zoning and Mr. Mitchell responded that that is the case. Councilmember McBryde verified through Mr. Mitchell that the Planning Department held a public hearing and there was no one to appear in opposition to this. Councilmember Pillow moved to set a public hearing, seconded by Councilmember Ross. Councilmember Pillow offered substitute motion to approve the rezoning, seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Kendrick voting against. 2G. Approval of an ordinance amending Chapter 20, "Motor Vehicles and Traffic" of the City of Fayetteville Code of Ordinances, regarding Schedule - Fire Lanes. Councilmember Kendrick asked if this fire lane would affect the handicap dropoff area. Mr. Mitchell responded that it would not. ORDINANCE AMENDING SECTION 20-106, "MOTOR VEHICLES AND TRAFFIC," TRAFFIC SCHEDULE NUMBER 19-FIRE LANES. ORDINANCE NO. NS1990-31. 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 Ordinances Book NS1990. 3. Public Hearings: Mayor Dawkins reviewed the time limit for the public hearings. City Attorney Robert Cogswell reviewed the natures of Items A. and B. stating that they are related but are separate items. Item A. is to consider amending the ordinance and Item B. deals with the special use permit provided Item A. was approved. A. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances by amending Chapter 32, Section 22 "R15 Residential District" by creating Item (17.1) to provide for radio towers after obtaining a Special Use Permit. Also amending Section 24 "R6 Residential District" by deleting Item (8). (P90-59) This item was presented by Assistant Planning Director Al Mitchell. Mr. Mitchell requested that in the paragraph 17.1 of the Ordinance, the Fayetteville Appearance "Committee" be changed to Fayetteville Appearance "Commission." This is the advertised public hearing and the Planning Board recommends adoption of the ordinance amendment. Councilmember Cheek asked Mr. Mitchell if the staff had investigated the possible addition of electricity being harmful to people. She had read where this was a possibility with power lines. Mr. Mitchell responded they had not checked into this because this is dealing with radio towers and not power lines. Councilmember Torrey asked if staff had considered interruption of television viewing in this area. He stated several residents had complained that they were having problems now and this would eliminate two more channels. Mr. Mitchell responded that Item F. in the ordinance reads, "radio or television or similar reception for adjoining residentially zoned properties will not be disturbed or diminished." Mr. Mitchell stated that since this is dealing with the entire City, a particular case should not be cited because there is no tower at this location at the time and the applicants will have to demonstrate and continue to demonstrate that they are not affecting the radio and television. Councilmember Robertson asked if under this ordinance, can towers be added once the approval of the site is granted. Mr. Mitchell responded that it could only be done through approval of addition to the special use permit. Councilmember Kendrick asked if this applied to all the residentially zoned areas and Mr. Mitchell responded that it is a pyramiding ordinance with R15 at the top and pyramiding down. The public hearing was opened at 7:20 p.m. Appearing in favor was J.B. Rouse, III, 1300-C Pamalee Drive, speaking for the petitioner. He stated that this ordinance is to apply to the entire City. He responded to the concerns expressed about the electricity, the towers, and the radio interference. Mr. Rouse stated that all of these are governed by the F.C.C. and anyone building a tower will have to abide by F.C.C. regulations. Mr. Rouse stated this is good ordinance, it is an ordinance that the City needs, and he is requesting that Council consider adoption of this ordinance amendment. Appearing in opposition was Odis DeVane, 3122 Wedgewood Drive. Mr. DeVane stated they were opposed to this ordinance amendment and asked those in the audience that were opposed to raise their hand. Approximately 15 residents raised hands in opposition. Mr. DeVane stated he felt the radio tower should not be constructed in residential areas and requested Council not consider amending this ordinance. Also appearing in opposition was William Klaiber, 601 York Road, an investor in the area. He stated that commercial antennas being put in the heart of residential areas does not fit in with the character of the community. Mr. Klaiber stated that if Council considers putting radio towers in the residential areas they should delete the word "character" because a radio tower does not look like a building. Mr. Klaiber also stated he feels their constitutional rights are being infringed on. He feels this ordinance would be against the low income families. Mr. Klaiber concluded by stating they feel very strongly against radio towers in any residential area being an enhancement to the area. Also appearing in opposition was Albert Holcombe, 529 Grafton Avenue, stating he does not have cable connection and this will affect the channels he is able to receive. Mr. Holcombe stated that F.C.C. is to protect the people but it would take six months to get proper television reception following complaint. Mr. Holcombe concluded by stating that Council is to protect the communities and the people living in the communities, not outside interests. Hattie Odom, 3305 Mandalay Drive, also appeared in opposition stating that if this is approved it would be for one case only because there have not been requests since 1959 and there probably will not be requests in the future for radio towers in residential areas. Mrs. Odom stated that the people in this area have not changed nor has the property. They all bought, built and live in this area because of it being protected by a residential zoning. Mrs. Odom stated that they are not against radio towers, they are just against them being placed in residential areas. Appearing in opposition was William McLeod, 932 Country Club Drive, stating he feels this ordinance amendment is going against the wants of the people and requests that Council not consider amending this ordinance. Mr. Rouse appeared in rebuttal stating that the F.C.C. is not allowing new AM stations at this time. He also referred to one gentleman remarking that they would be able to go ten miles out of town to build their towers and responded that this is not true--they are restricted as to where they can build towers and that is why the ordinance needs to be amended. Appearing in rebuttal against the amendment was Mr. William Klaiber stating that they are not against the radio station in particular, just against any radio towers being put in residential areas. There being none further to be heard, the public hearing was closed at 7:45 p.m. Councilmember Ross moved to follow the recommendation of the Planning Board with the approval of the revisions as stated, seconded by Councilmember Torrey. Councilmember Cheek stated she feels this is not a fair thing to do to the residential neighborhoods and we should protect them against future tower requests. Councilmember Bolton agreed with Councilmember Cheek and stated this will affect the quality of life in the residential areas. Councilmember Pillow stated that we need to right the wrong that has been done in the past by amending this ordinance so that we won't discriminate against neighborhoods. Mayor Dawkins called for a vote on the motion to adopt the ordinance as recommended and it carried 7 to 2 with Councilmembers Bolton and Cheek voting against. The title is as follows: AN ORDINANCE AMENDING SECTION 32-22 (17.1), "ZONING". ORDINANCE NO. S1990-16. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1990. 3B. Consideration of an application by Swayn G. Hamlet for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-22(17.1) to operate a radio tower in an R10 Residential District for an area located west of Plantation Road Extension, south of Grafton Avenue. (P89-159) City Attorney Bob Cogswell was recognized with a recommendation to Council that if they chose to approve the special use permit the motion should specify that the proposed special use shall fit in with the character of the area; that the proposed use is not detrimental to the surrounding neighborhood, and that the application complies with Items (A)-(J) of Section 32-22 (17.1) 1; that the property owner submit and have approved by the City Engineer drainage plans for the subject site; and that the property owner reapply to the Fayetteville Appearance Commission for approval. This item was presented by Al Mitchell, Assistant City/County Planning Director, stating that the Planning Board has recommended approval in accordance with the staff recommendation, subject to the conditions as in Chapter 32 and the recommendations of the Operations Committee. Mr. Mitchell stated the Appearance Commission had met on this item and had submitted recommendations to Council and cautioned Council to include these recommendations in their motion in order for the Appearance Commission to follow up on the detailed site plan. Mr. Mitchell stated they received just today petitions signed by 19 area property owners against the proposed special use permit. This does not have the affect of a legal protest petition and would not change the simple majority vote. The public hearing was opened at 7:55 p.m. and appearing in favor was Swayne Hamlet, 2514 Mirror Lake Drive. Mr. Hamlet was sworn in by the City Clerk and affirmed that the testimony would be the truth. Mr. Hamlet stated he had previously submitted a petition containing 69 names of people who lived in the neighborhood in support of this radio tower construction. Outside of that neighborhood, they had approximately 7,000 signatures of those in support of these towers. Mr. Hamlet stated these towers would be less than 200 feet in height and would meet all the plot plans. The F.C.C. does not require any lights whatsoever to be put on these towers because they are under 200 feet and will not be seen at night. They would not be noticeable in the daytime. He stated that some CB antennas in the area are higher than the towers they are planning to build. Mr. Hamlet stated they have met the requirements of the Planning staff, Planning Board, Fayetteville Appearance Commission, and they are requesting that Council approve their special use permit. Councilmember Kendrick asked Mr. Hamlet how far back the towers would be placed from the wire across the end of Plantation Road. Mr. Hamlet responded that he could only estimate from the map being displayed that is approximately 175 feet. Mr. E.M. Phillips asked what will be done concerning the drainage when these towers are built. Mr. Bennett responded that they will need to submit a drainage plan for Engineer approval. Councilmember Robertson asked if there will be more runoff in the grassy area. Mr. Bennett responded that there should be very little change in the terrain except at the base of the tower and where the guy wire anchors will be placed. Mr. Albert Holcombe asked where the anchors were going to be in relation to Grafton Avenue. Mr. Hamlet responded that the anchors would be on the three acres of land and would be nowhere near Grafton Avenue. Mr. Holcombe then expressed concerns about the lay of the land being changed by the installation of these towers which would cause considerable water runoff causing damage to his property. Mr. Hamlet responded they would not be changing the lay of the land to install these towers. City Attorney Cogswell informed Council that a site plan is not required since this is a residential zoning, however Council could require this be submitted in their motion. Mr. Hamlet responded they had no problem with supplying this site clan. Councilmember Robertson asked Mr. Hamlet if this area was not going to be grassy meadow upon completion of the project. Mr. Hamlet responded that present gullies would have to be filled and brought up to the contour of the land. Appearing in opposition was Odis DeVane, 3122 Wedgewood Drive. He stated he did not feel the drainage problem would be taken care of and the towers would not be a better thing to have than a neighbor. Also appearing in opposition was William C. Klaiber, 601 York Road, stating that these towers do not fit in with the character. He stated that originally this was ruled spot zoning and with amendments to ordinances and motions this was turned around in such a fashion to actually come in and commit an illegal act in their neighborhood. At this time Mayor Dawkins asked City Attorney Cogswell if this an illegal act and the City Attorney responded this is not with regards to spot zoning. Mr. Holcombe further stated that he felt it was unfair of Council to take this protection away from their neighborhood. Albert Holcombe, 529 Grafton Avenue, appeared in opposition stating that this area has been used for a landfill by people putting large appliances, junk automobiles and other materials there and when he first came to the neighborhood it was protected by ordinances. However, in the past couple of years, it seems things have been changed to accommodate outside interests rather than the people living in the neighborhoods. Hattie Odom, 3305 Mandalay Drive, stated she feels Council will be doing an injustice to the entire City if this is approved. E.H. Phillips, 3002 Wedgewood Drive, stated that years ago they had requested to be brought into the City for the protection that the City could offer, however some of them now wish they were not in the City. Mr. Phillips gave some of the history of the hole that has been used as a landfill. At one time there was a proposed subdivision for this area that was never followed through. Mr. Phillips offered a solution to the drainage problem by stating that Council could have pipe installed under the dirt to carry this drainage down and it would clear his pond. There being none further to be heard on this matter, the public hearing was closed at 8:22 p.m. Councilmember Ross moved to approve the special use permit with the findings and include a drainage plan, seconded by Councilmember Robertson. City Attorney Cogswell recommended amending Councilmember Ross' motion to include the following wording: "I move that the special use permit be approved, based upon the testimony, application, and facts presented that: (1) the proposed special use shall fit in with the character of the area; (2) the proposed use is not detrimental to the surrounding neighborhood and that the application complies with Items (A)-(J) of Section 32-22(17.1) 1; (3) that the property owners submit and have approved by the City Engineer drainage plans for the subject site; and (4) that the property owner reapply to the Fayetteville Appearance Commission for approval. Councilmember Ross accepted the wording and amended her motion as above. Councilmember Robertson accepted the amendment with his second. Councilmember Bolton asked the City Attorney who makes the determination if the use fits in with the character of the area. Mr. Cogswell responded that Council does based upon what they heard. Mr. Bolton asked what redress do property owners have if they feel their property has been injured as a result of the construction of these towers. Mr. Cogswell replied that recourse of tonight's action would be for them to go to court within thirty (30) days, but if the towers are not completed satisfactorily, the proper complaint should be made to the Planning Board who will contact the City Attorney to consider reconsideration of the permit by Council or some legal action to make them comply. Councilmember Cheek stated she does not feel this is in character with the neighborhoods and would have to vote against it. Mayor Dawkins called for a vote and it carried 7 to 2 with Councilmembers Bolton and Cheek voting against. 3C. Consideration of the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the south side of McArthur Road (SR 1600) and the west side of Ramsey Street (U.S. 401). (P90-80) This item was presented by Al Mitchell stating that it is an initial zoning and Council is required to hold a public hearing. The Planning Board recommends approval of the initial zoning based on the proposed City zoning is consistent with the previous County zoning. The public hearing was opened at 8:40 p.m. and there being none to be heard in favor or against this initial zoning, the public hearing was closed. Councilmember Kendrick moved to initially zone as recommended, seconded by Councilmember Ross and carried unanimously. D. Consideration of the initial zoning to PND Planned Neighborhood District or to a more restrictive zoning classification for an area located on the east side of Shawcroft Road, south of Kirkwall Road. (P90-81) This item was presented by Al Mitchell stating this is an initial zoning requiring a public hearing and the Planning Board recommends PND zoning based on the proposed City zoning is consistent with the previous County zoning. Councilmember Cheek asked if the site plan had already been approved by the County, since it is less than 50 acres. Mr. Mitchell responded that it has already been approved and is an existing subdivision meeting the R10 zoning but Planning staff suggested the existing PND zoning. The public hearing was opened at 8:40 p.m. and there being one to appear for or against this initial zoning, the public hearing was closed. Councilmember Ross moved to follow the recommendation, seconded by Councilmember McBryde and carried unanimously. E. Consideration of the initial zoning to R10 Residential District, PND Planned Neighborhood District, C1 Local Business District and C1P Shopping Center District or to more restrictive zoning classifications for an area located on both sides of Raleigh Road (U.S. 401) and being south of McCloskey Road (SR1610). (P90-82) This item was presented by Al Mitchell stating this is an initial zoning for PND as recommended by the Planning Board since the proposed City zoning is consistent with the previous County zoning. Councilmember Cheek asked if the site plan had already been approved by the County since this is a small area and does not appear to be contiguous to PND zoning. Mr. Mitchell responded that this is the most previously zoned while in the County. Councilmember Kendrick asked how the streets are being constructed. Mr. Mitchell responded that since they began in the County they are required to meet state standards. The public hearing was opened at 8:45 p.m. and there being none to speak in favor or opposition to this initial zoning, the public hearing was closed. Mayor Pro-Tem Evans moved to follow the recommendation for initial zoning of PND, seconded by Councilmember Ross and carried unanimously. F. Consideration of the initial zoning to PND Planned Neighborhood District or to a more restrictive zoning classification for an area located north of Country Club Drive (U.S. 401 Bypass), west of Hastings Drive. (P90-83) This item was presented by Al Mitchell stating that the Planning Board recommends initial zoning for PND Planned Neighborhood District based on the proposed City zoning is consistent with the previous County zoning. Councilmember Cheek asked if the site plan had already been approved by the County since this is a small area. Mr. Mitchell responded that this is the most previously zoned while in the County. At this time Mr. Mitchell stated that Council's Policy Committee might want to take this issue up. He stated that on 100 percent petitions, it has come up a couple of times, especially in the northern part that is zoned PND, that the developer does not mind if it is R10 but we cannot advertise it R10 under current City policy. A possible amendment to the policy could be that where it is a 100 percent petition being requested for annexation and initial zoning; that if the developer and/or owners want a more restrictive zone than under the County ordinance, then we could be authorized to advertise that zone. Mr. Mitchell stated this could alleviate a lot of phone calls. Councilmember Cheek asked if this is initially zoned, would the site plan or plat plan come back to Council or stop at the Planning Board. Mr. Mitchell responded that it would stop at the Planning Board. The public hearing was opened at 8:50 p.m. and there being none to be heard in favor or opposition, the public hearing was closed. Mayor Pro-Tem Evans moved to follow the recommendation of the Planning Board to initially zone PND, seconded by Councilmember Ross and carried unanimously. G. Consideration of adoption of a resolution for closing a portion of Pugh Street. This item was presented by City Engineer Bob Bennett stating the abutting property owner has processed a request to the City to officially withdraw this remnant from dedication. This is an advertised public hearing and the property owner has been notified. The recommendation is to approve closing of the surplus right-of-way for Pugh Street. The public hearing was opened at 8:52 p.m. and there being none to appear in favor or opposition to this resolution, the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF PUGH STREET. RESOLUTION NO. R1990-94. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 4. PWC Matters: A. Consideration of approval of Fiscal 1990-91 Budget Amendment No. 2, providing for 230kV to 69kV Transformer for P.O.D. ƒ3. This item was presented by PWC Manager Tim Wood stating that this request has to do indirectly with the proposed bond issue. If Council at a later date approves revenue bonds, this will be an item that we will go back and pick up with the revenue bonds because this is an urgent need and the delivery date on this item is 14 months. It needs to be ordered as soon as possible. Councilmember Robertson moved to approve the budget amendment No. 2 as recommended, seconded by Councilmember Cheek and carried unanimously. 5. Consideration of sale of Adams Court Redevelopment Site to Brown-Loving Co.: This item was presented by City Attorney Bob Cogswell stating that Item A. is contingent upon Item B., which is the contract. He pointed out some changes in the contract since it was submitted in the agenda packet. One change is on page 2, 3-C. Mr. Loving has requested 20 years for use by senior citizens to 21 years because it would be more beneficial to his financing. Also in 3-C. that would change the last word to whichever shall come "last" instead of "first." On the third page, number 10 in the second line the words "make full settlement" should be changed to "substantially perform" --this is so we can bring action if he defaults. At paragraph 11-D. to delete the last sentence of that paragraph, "rental assistance for elderly housing for the proposed housing project to be constructed on the property." The next change is on page 4, paragraph E, second line should read, "of not less than $300,000" instead of "or." Also number 14 in the next to the last line should read, incurred prior to closing "if" should seller not approve instead of "it." In number 15, the second line, the word "commencement" should be "completion." Councilmember Robertson asked when construction would begin. Mr. Cogswell responded that Mr. Loving will need to get approvals from HUD and then will have 14 months to complete the project, therefore the beginning date should be soon. A. Adoption of resolution authorizing sale of property. RESOLUTION AUTHORIZING SALE OF CITY PROPERTY (ADAMS COURT SITE). RESOLUTION NO. R1990-95. Councilmember Robertson introduced the foregoing resolution and moved its adoption with the changes in the contract, seconded by Mayor Pro-Tem Evans and carried unanimously. B. Approval of contract between City of Fayetteville and Brown-Loving Co. Councilmember Bolton moved to approve the contract with the changes, seconded by Councilmember Cheek and carried unanimously. 6. Consideration of the following Traffic Services matters: A. Approval of proposed Municipal Agreement for Improvements to Railroad Signalization at Hay Street and Winslow Street. Mayor Pro-Tem Evans moved to approve the municipal agreement as recommended, seconded by Councilmember Ross. Councilmember McBryde stated he would have to vote against this because if the traffic is blocked with a guardrail on Hay Street, it would eliminate traffic being able to turn and go to the next crossing to get to their destination but with signal barricades, this would eliminate that. Following further discussion, Mayor Pro-Tem Evans withdrew her motion and Councilmember Ross withdrew her second. Councilmember Kendrick requested an in-house study by the Traffic Services on how to stop traffic problems in that area. No action was taken. B. Adoption of an ordinance of the City Council creating a new 20-134, "Parking After Hours in Attendant Lots," of the Code of Ordinances of the City of Fayetteville. This item was presented by City Traffic Engineer Louis Chalmers recommending adoption of the ordinance. Councilmember McBryde asked what the collections on that lot (Donaldson Street Lot) is daily. Mr. Chalmers responded that it would probably be less than $15 a day. Councilmember Robertson asked if the envelopes with the money would be visible in the drop area. Mr. Chalmers responded they were hoping to use a drop box similar to the parking fines in use now. Following some further discussion, Council took no action. 7. Consideration of request for legal representation. This item was presented by City Attorney Bob Cogswell stating that he finds police officers Kenneth B. Wiseman, Claude McIntosh and David Sessoms were acting in the course of scope of their employment and comply with the conditions of the City Code and state statutes regarding representation of City employees and he recommends Council authorize him to represent these officers in the case of Godfrey versus these three officers and the City. Mayor Pro-Tem Evans moved to authorize the City Attorney to represent these officers as requested, seconded by Councilmember Bolton and carried unanimously. 8. Appointments: A. Nominations to fill three vacancies on the Joint Senior Citizens Advisory Commission. Councilmember Cheek nominated Joseph Covington for a second term. There were no nominations made to fill the vacancies of Robert Wade Drake or Everett Allen Barefoot. 9. Administrative Reports: A. Report on proposed Traffic Signal Study. This item was presented by Traffic Engineer Louis Chalmers requesting a 90-day study period to place these intersections in flashing operations 24 hours per day. This will allow opportunity to receive citizen complaints, reference flashing operations, and will allow a 90-day period to review accident experience to determine if an accident problem materializes. Mr. Chalmers' report further states they would propose to place these intersections back in normal operation following this study, pending a final report on traffic operations at each location in the Spring of 1991. Council granted his request. At this time Councilmember Torrey requested to return to Item 8 concerning the Historic Resources Commission's request to extend three commissioner's terms which will expire in October of 1990. Councilmember Torrey stated he had contacted Mr. Watson who stated he would be able to serve another term if elected. There was some discussion concerning the terms all coming due October 1990 and the Commission's request to extend the terms because this would leave the Commission with five new members and two commissioners with only a few months experience. They feel this is important because of hosting the State Historic Preservation Conference here in 1991. Following further discussion, Council requested the City Manager review and return this item to the next meeting. At this time City Manager John Smith referred to a memo distributed prior to tonight's meeting concerning purchase of police vehicles. He stated we had a unique situation in that this is the last year for the Ford Crown Victoria's to be on the State contract, so he is suggesting taking the money available in the budget for purchase at $11,845 and go with a lease-purchase for two years and get additional Crown Victorias. Council was in agreement with this recommendation. Mayor Dawkins stated that Mr. Cogswell would be out of town during the next two meetings of Council and suggested that the City Attorney's evaluation be placed on the agenda for October 1, 1990. Councilmember Pillow announced a Building and Properties Committee meeting for Monday, September 10, at 6 p.m. at the Kyle House Conference Room. There being no further business, the meeting was adjourned at 9:25 p.m. upon motion and second. Approved October 15, 1990 REGULAR MEETING MONDAY, SEPTEMBER 17, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 116 GREEN STREET MONDAY, SEPTEMBER 17, 1990 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large); Milo McBryde (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 Stancil, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Beryl Wade, Assistant City Attorney/Police Legal Advisor Bob Bennett, City Engineer Al Mitchell, Assistant City/County Planning Director Members of the Press INVOCATION The invocation was offered by Councilmember Pillow, followed by the mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION City Manager John Smith presented the Employee of the Year chosen by his peers from 16 nominees. He read an excerpt from the letter submitted: "Jim Knotts, Airport Operations Supervisor, is not only a hard worker and dedicated employee off the job, but he is active in community affairs, active in church affairs, and is also a volunteer firefighter in his community." Mr. Smith stated there were a number of other activities listed in the letter submitted for his nomination. Mayor Dawkins recognized Beryl Wade who is filling in for the City Attorney who is out of town. 1. Approval of Agenda Councilmember Ross moved to approve the agenda submitted, seconded by Councilmember Bolton and carried unanimous by voice vote. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Cheek requested that Items 2 B. and E. be pulled for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of Items 2 B. and E. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved. A. Approval of minutes of City Council regular meeting of July 16, 1990. B. (PULLED FOR DISCUSSION) C. Approval of minutes of City Council information meeting of August 27, 1990. D. Approval of tax refunds. 1. Tax refund in the amount of $33.53 to World Omni Leasing, Inc. - 1985 Toyota located in Hoke County. 2. Tax refund in the amount of $16.55 to Clyde Williams - 1988 Sunbird Boat valued incorrectly. 3. Tax refund in the amount of $39.26 to John R. Wagaman - did not own 1985 Buick. 4. Tax refund in the amount of $25.87 to L.V. Jacobs - originally assessed in 1985; submitted amended statement in 1990. 5. Tax refund in the amount of $63.05 to L.V. Jacobs - originally assessed in 1986; submitted amended statement in 1990. 6. Tax refund in the amount of $156.75 to L.V. Jacobs - originally assessed in 1987; submitted amended statement in 1990. 7. Tax refund in the amount of $163.27 to L.V. Jacobs - originally assessed in 1988; submitted amended statement in 1990. 8. Tax refund in the amount of $16.99 to Frank Sipes, Jr., - did not own 1989 Ford Van. 9. Tax refund in the amount of $464.81 to RSVP, Inc. - charged with the wrong value. 10. Tax refund in the amount of $41.12 to Printing by Bill - charged with incorrect value. 11. Tax refund in the amount of $140.86 to Plitt Southern Theatres - in 1988, the total column was picked up as prior year figure and trended in error. 12. Tax refund in the amount of $59.29 to D.L. Peterson Trust - 1988 Ford Van located in Wake County. 13. Tax refund in the amount of $3.11 to Thomas Harvey Moore - did not own 1984 boat, motor and trailer. 14. Tax refund in the amount of $4.22 to Ozeen Longshore - 1973 Buick double charged. 15. Tax refund in the amount of $128.58 to Edward M. Fay for illegal tax - military non-resident. 16. Tax refund in the amount of $57.93 to Curtis E. Martin - charged with incorrect value. 17. Tax refund in the amount of $23.14 to G.W. Tinnin - did not own 1982 Olds. 18. Tax refund in the amount of $26.35 to Sylvester R. Hall - did not own 1978 Volvo. 19. Tax refund in the amount of $46.59 to John J. Thompson, Sr. - corrected quality grade and age group of house. 20. Tax refund in the amount of $49.16 to Francis Lou Miller - did not own 1984 Cadillac. 21. Tax refund in the amount of $38.38 to Eugene L. Jenkins - did not own 1985 Olds. 22. Tax refund in the amount of $54.33 to Richard L. Fox, II - did not own 1986 Saab. 23. Tax refund in the amount of $29.80 to Caviness & Tolbert, DDS - charged with incorrect value. 24. Tax refund in the amount of $126.12 to B & M of Fayetteville ƒ1 - charged with incorrect values. 25. Tax refund in the amount of $3,618.92 to Aberdeen and Rockfish Railroad - amended figures received from the Department of Revenue on non-system values. E. (PULLED FOR DISCUSSION) F. Adoption of resolution setting a public hearing for October 15, 1990, for the paving of Windermere Drive (with petition) between Cliffdale Road and Cornish Street. PRELIMINARY ASSESSMENT RESOLUTION. RESOLUTION NO. R1990-96. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. G. Adoption of resolution accepting bid offer for City property located on Silk Lane, Lot 2, T.M. Hunter property. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1990-97. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. H. Approval of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located on the east side of North Broad Street and on the west side of North Water Street and being north of Person Street. I. Set public hearing for October 15, 1990, to consider street name changes. Bragg Street Filterplant Drive Elliotte Street First Street Coronation Drive Hill Street Dancy Street Alfalfa Street J. Adoption of a Demolition Ordinance for property located at 2404 Slater Avenue (Owner: Mr. and Mrs. Robert Mace). AN ORDINANCE REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1990-32. A copy of the foregoing ordinance is on file in the Clerk's office is Ordinances Book NS1990. 2B. Approval of minutes of City Council regular meeting of August 6, 1990. Councilmember Cheek stated that during discussion of the proposed items that PWC is investigating for feasibility, the question was asked specifically as to whether including them in this list indicates any kind of Council commitment to do these projects and the response was no, it doesn't. It enables PWC to continue looking into the feasibility of these projects. Mrs. Cheek requested that the minutes be amended to reflect this. City Manager John Smith added that PWC did indicate that the adoption of the resolution would authorize them to spend funds for engineering for these projects, which they could then charge against the future bonds. Councilmember Cheek moved to approve the minutes with the amendments, seconded by Councilmember Pillow and carried unanimously. 2E. Adoption of resolution setting a public hearing for October 15, 1990, to close that portion of Arsenal Avenue between Bradford Avenue and the C.B.D. Loop. Councilmember Cheek requested that staff be prepared to show any kind of maintenance agreements, also any kind of access to the future pedestrian bridge that might be protected. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF ARSENAL AVENUE. RESOLUTION NO. R1990-98. Councilmember Cheek introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 3. Public Hearings Mayor Dawkins read the policy on the time limit for the public hearings. A. Consideration of an application by B&M Partnership 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 (1a) to allow automobile off-street parking for customers and employees in an R5 Residential District for an area located north of Grove Street, east of U.S. 301. This item was presented by Assistant Planning Director Al Mitchell stating that this is the advertised public hearing and the Planning Board recommends approval with the following conditions: (1) that the proposed parking lot fits in with the character of the area; (2) that the proposed parking lot is not detrimental to the area; (3) that the parking lot be developed in accordance with the site plan; and also that the driveway remain closed off to Alfalfa Street. Councilmember Bolton asked if the petitioner will close this off in a permanent way to prevent people from using this exit. Mr. Mitchell responded that this was not stipulated by the Planning Board but Council could make this condition a part of their motion. Councilmember Cheek asked if the parking that is there now is going to be expanded from what is now on the ground. Mr. Mitchell responded the petitioners discovered upon beginning construction that part of this lot was zoned R5. They could either request a rezoning or a special use permit and chose to apply for the special use permit. Councilmember McBryde asked why the Planning Board decided to remove the entrance to Alfalfa Street. Mr. Mitchell responded that one person appeared in opposition at the public hearing before the Planning Board and it was felt that this was the best compromise. The public hearing was opened at 7:17 p.m. There being none to speak in favor or opposition to this special use permit, the public hearing was closed. Councilmember McBryde moved to approve the special use permit with the two conditions but be opened to Alfalfa, seconded by Councilmember Ross. Mayor Pro-Tem Evans asked Mr. Mitchell what the objection was of the one person that appeared in opposition. Mr. Mitchell responded that the person was concerned with the drug trafficking in that neighborhood. Following some discussion, Councilmember Ross withdrew her second. The motion died for lack of a second. Councilmember Bolton moved to grant the special use with the conditions and closing Alfalfa Street and a stipulation that the property owner place a curbing across the exit to Alfalfa. The motion was seconded by Mayor Pro-Tem Evans. Councilmember Cheek asked how they were able to build a parking lot in a residential zone before the special use permit was granted. Mr. Mitchell responded that this involved a small strip that was discovered to be in the residential zoning and is not being used for parking until the special use permit could be granted. Mayor Dawkins then called for a vote on the motion and it carried 8 to 1 with Councilmember McBryde voting against. 4. Consideration of acceptance of energy conservation grant. This item was presented by Assistant City Manager Ben Brown stating that we have until 1993 to complete this project, the City's match can be made up of in-house labor and can be handled through the Building Maintenance budget spread over the three years. No extra money is being asked. He requested Council authorize the Mayor to execute the North Carolina Local Government Buildings Contract Agreement ƒ90-4903-001. Councilmember Robertson moved to accept the grant as requested, seconded by Councilmember Ross and carried unanimously. 5. Consideration of adoption of resolution endorsing the state-wide Prison Construction Bond Referendum. This item was presented by City Manager John Smith with a recommendation for adoption of the resolution. RESOLUTION SUPPORTING THE PRISON CONSTRUCTION BOND REFERENDUM. - RESOLUTION NO. R1990-99. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Kendrick and Pillow voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 6. Report from Buildings and Properties Committee Councilmember Pillow, Chairman, gave the report requesting Council approve the contract with Cape Fear Studios at the Farmer's Market with the money that had been tentatively approved. The next item was the utilization of facilities vacated by the move to City Hall Which includes the City Hall, Parks and Recreation building, and the Kyle House. Mr. Pillow stated he indicated to Mr. Bill Fields who proposed that the old City Hall be used for archive storage with the City providing the building that the City is looking for an immediate rent-paying occupant for all the City vacated buildings. Also discussed was the renovation of the Train Station. All exterior work has been contracted and should be completed within the next two weeks. Negotiations are continuing with Amtrak for restoration of the interior of the building. Mr. Pillow stated that Ben Brown has been appointed the Task Force Coordinator for the move to the new City Hall and we should start moving about November 13, and the move should be completed by the second Council meeting in November. Mr. Pillow stated that some of the projects entered into with Miller Construction Company will involve in-house participation, eliminating some monies that would have been paid to the contractor. Mr. Pillow concluded the report by stating that there had been approximately $22,000 worth of surplus City property sold. Mayor Pro-Tem Evans expressed a concern for long-term leasing or selling of any of the City buildings vacated by the move to City Hall in case decided at some future date to withdraw from the new City Hall. Mayor Dawkins responded that there had been no discussion of selling any of the City buildings and it would be up to Council as to the leasing terms. Councilmember Pillow added that he hoped that Council would not leave any buildings standing vacant because that would negate the purpose of us consolidating our offices. We need to get as many as possible of these buildings and properties back on the property taxes. He also added that he hoped any maintenance of these old buildings would be a part of the lease or sale to the new tenants. 7. Report from Streets and Roads Committee: Councilmember Kendrick, Chairman of this Committee, gave the report which consisted of the CBD Loop Update, the Purdue Drive Project which should be completed by the end of September, and the Downtown Railroad Relocation. He stated he hoped that phases of this project would be brought before Council soon. The last item was the changing of the local truck routes from Marlborough Road from Raeford Road to Village Drive to Purdue Drive from Raeford Road to Village Drive. AN ORDINANCE AMENDING SECTION 20-106, TRAFFIC SCHEDULE NO. 9-LOCAL TRUCK ROUTES (FROM MARLBOROUGH ROAD TO PURDUE DRIVE), ORDINANCE NO. NS1990-33. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1990. Councilmember Kendrick responded to questions concerning the traffic lights in that area stating they should be operational at the opening of the Purdue Street. Councilmember McBryde asked if the Cape Fear Teen Center and the Home for the Elderly had been considered in this truck route change. Mr. Kendrick stated that it had been considered and they felt that the route chosen was the best one. Councilmember Pillow asked if there was going to be a ceremony when the road is opened. Councilmember Kendrick replied that there had been discussion on any major road projects that were completed would be considered for a grand opening ceremony. This will be discussed in more detail at a later date. 8. Appointments: A. Nominations to fill three vacancies on the Joint Senior Citizens Advisory Commission. Councilmember Ross nominated Mrs. Eloise Haith. Councilmember Cheek nominated Joseph Covington for a second term at the last meeting. There is still a third vacancy to be filled. B. Nomination to fill one vacancy on Human Services Commission. Councilmember Ross nominated Father Hollywood of the St. Ann's Church. 9. Administrative Reports: A. Statement of taxes collected for the month of August, 1990, from the Cumberland County Tax Collector. The statement of taxes collected for the month of August from the Cumberland County Tax Collector shows a total of $677,066.04. B. Historic Resources Commission Terms City Manager John Smith stated he had reviewed this situation at Council's request at the last meeting concerning the staggered terms and suggests that Council extend for one year those terms of members that would not be eligible for another term. Following some further discussion, Councilmember Cheek moved to extend one year the term of Ron Wilson, Edward Murphy, Betty Deem, and Dan McMillan if they will accept. The motion was seconded by Councilmember Ross and carried unanimously 9 to 0. Councilmember Pillow nominated William Watson for a second term, Myrtice Coley for a first full term, and Wade Byrd for a first full term. C. Community-based alternative Juvenile Restitution Program City Manager John Smith stated that he is requesting the City offer a proposal to the C.B.A. Board for a community service program through the City Police Department in cooperation with other City departments. He stated we would propose offering "in-kind" contributions of office space and phone. He requested Council authorize his to make a formal proposal. Councilmember Robertson moved to follow the recommendation, seconded by Councilmember Bolton and carried unanimously. There being no further business, the meeting was adjourned at 8:00 p.m. upon motion and second. Approved October 15, 1990 INFORMATION MEETING MONDAY, SEPTEMBER 24, 1990 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBERS MONDAY, SEPTEMBER 24, 1990 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Absent: Councilmember Nat Robertson, Jr. Mayor Dawkins called the meeting to order and recognized Assistant City Manager Ben Brown for the invocation. Following the invocation, Mayor Dawkins led in the Pledge of Allegiance to the American Flag. Councilmember Evans wished everyone present a happy New Year. Upon motion by Councilmember Kendrick, seconded by Councilmember Bolton, Council voted unanimously to excuse Councilmember Robertson from this meeting. Council first considered approval of the agenda. Upon motion by Councilmember Bolton, seconded by Councilmember Pillow, Council voted unanimously to approve the agenda as submitted, inserting an executive session between items 5 and 6. Mayor Dawkins informed the Council that Councilmember Cheek wishes to discuss an annexation matter at the end of the meeting. Traffic Engineer Louis Chalmers presented a report on traffic operations. This report included a discussion of the City traffic count program, the accident investigation program, and various signal timing improvements. City Engineer Bob Bennett presented the Council with an update on the proposed downtown railroad relocation project. Mr. Bennett reviewed the details of the project and the proposed phases of completion. City Manager John Smith discussed with Council the staff's plans to review the future directions for the Parks and Recreation Department after the defeat of the recent bond issue. He stated that the staff would be working with the Parks and Recreation Advisory Committee and the Friends of the Parks to determine the best way to accomplish the City's goals in Parks and Recreation. Mr. Smith indicated that all issues would be discussed including closing of facilities, consolidation of programs, increase in revenues through new or increased fees, corporate sponsorships, and neighborhood participation in the costs of projects. Councilmember Evans stated that our first priority should be safe playground equipment. Councilmember Pillow was concerned about the swimming pool and recreation center at Seabrook Park. Mayor Dawkins expressed his concern that the Honeycutt facilities remain open because of the numbers of people that use them. Councilmember Ross expressed some interest in neighborhoods raising money to meet their own needs. Councilmember Cheek suggested that all departments look at marginal programs. Mayor Dawkins was concerned that we put safety first in all of our review. Councilmember Evans suggested that we publish a catalog of needs that the private sector could meet. Council next considered a resolution fixing the date of a public hearing on the question of annexation (Lewis/Allen property; Andrews Road at Ramsey Street). Assistant City Manager Roger Stancil presented the resolution. Upon motion by Councilmember Bolton, seconded by Councilmember Evans, Council voted seven to one, with Councilmember Torrey voting in the negative, to adopt the resolution. The resolution title is as follows: RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION. RESOLUTION NO. R1990-100. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to convene into executive session for the purpose of discussing litigation and personnel matters at 8:10 p.m. Upon returning from executive session and reconvening into regular session at 8:25 p.m., Council considered the Streets ad Roads Committee report which included a proposed street resurfacing list to add to the current resurfacing contract. City Engineer Bob Bennett stated that Crowell Constructors, Incorporated, has agreed to extend the present contract without an increase in unit prices. This is especially important in light of petroleum price increases. Mr. Bennett presented a list of 15 streets to be improved in order to utilize $217,000 available for resurfacing. He stated, however, that all streets will not be paved on this list before funds are exhausted. Those streets not included will be included on the 1990-91 resurfacing contract. At the end of the meeting, Councilmember Cheek stated that she would like to discuss the water and sewer projects underway in the Kendall/Oaks area. Mr. Bennett stated that these projects are approximately 80 days behind schedule. Ms. Cheek asked if it were possible to formally inform people in the area concerning reasons for delay, when project will be completed, and how they can tap onto the system. She also asked if liquidated damages could be used to defray the assessment costs. City Manager Smith suggested that the Policy Committee consider applying liquidated damages to assessments. Upon motion by Councilmember Cheek, seconded by Councilmember Pillow, Council voted unanimously to adjourn at 8:25 p.m. REGULAR MEETING OCTOBER 1, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS October 1, 1990 7:00 p.m. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson, Jr. (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 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 Jimmy Teal, Assistant to the City Manager Tim Wood, PWC Manager Ray Britt, Director of Finance Services for PWC Al McKenzie, Personnel Director Louis Chalmers, Traffic Services Director Kai Nelson, Finance Director Wally McBride, Hunton and Williams, Raleigh, NC Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE Mayor Dawkins called on Dr. Harry J. Ghee, Fayetteville State University Vice Chancellor of Student Affairs and ordained deacon of Peace Memorial Christian Church Disciples of Christ, to offer the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins recognized Mr. Bill Ball from England who is here visiting his cousin, Tim Wood, PWC Manager. Mayor Dawkins reminded everyone of the scheduled ribbon cutting to open Purdue Drive at 10:00 o'clock tomorrow morning. Old Street will also be opened. Mayor Dawkins stated that yesterday's twelfth anniversary of the International Folk Festival honoring the Puerto Ricans had the largest crowd ever. 1. Approval of Agenda City Manager John Smith requested to pull Item 10 from the agenda because the railroad staff requested to be able to speak on this matter and could not be at tonight's meeting. Mr. Smith requested to add Item 13G to approve a voting representative and up to two alternates for the National League of Cities Convention. City Attorney Bob Cogswell requested to add the settlement of Mr. Mitchell's condemnation of property on Cheselka Street. Councilmember Cheek requested to add an item under consent, which would be 2B(1) to ask for a clarification on a council action on an item covered in the minutes of August 20, 1990. She requested that this item be pulled for discussion. Mr. Cogswell stated that Councilmember Cheek had discussed this with him and he advised council that this could possibly be a reconsideration of this item, therefore, requiring seven votes to place it on the agenda. Councilmember Cheek moved to place as Item 2B(1), clarification of Item 2B, seconded by Councilmember Ross. The motion failed 6 to 3 with Councilmembers Pillow, Kendrick and Torrey voting against. Seven votes were needed for this motion to pass. Councilmember Robinson moved to approve the agenda with the changes as recommended, seconded by Councilmember Ross 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 Items 2B and G for discussion and Councilmember Kendrick requested to pull Item 2F for discussion. Councilmember McBryde moved to approve the consent agenda with the exception of Items B, G, and F. After a second from Councilmember Torrey, the consent agenda and following items were unanimously approved: A. Re-approval of minutes of City Council regular meeting of August 6, 1990. Councilmember Cheek presented a memorandum in the agenda packet explaining that the amendment she had requested to be made to the August 6, 1990, agenda had been covered in the minutes of the July 16, 1990, Council meeting. Therefore, she requested that the Council approve the minutes of August 6, 1990, as presented. B. (Pulled for discussion) C. Set public hearing for November 5, 1990, to consider the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located east of Ramsey Street, north of Byrd Street. (P90-109) D. Set public hearing for November 5, 1990, to consider an application by V.F. Talley 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 (1a) to allow automobile off-street parking for customers and employees in an R6 Residential District for an area located south of McGill Drive, east of Executive Place. (P90-110) E. Adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic of the City of Fayetteville Code of Ordinances, Schedule Number 6 - Stop Intersections (Burgess Street/Old Street). AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NUMBER 6--STOP INTERSECTIONS). ORDINANCE NO. NS1990-34. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1990. F. (Pulled for discussion) G. (Pulled for discussion) H. Adoption of resolution amending the Charter of the Fayetteville Historic Resources Commission. RESOLUTION AMENDING THE CHARTER OF THE FAYETTEVILLE HISTORIC RESOURCES COMMISSION. RESOLUTION NO. R1990-101. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1990. 2B. Approval of minutes of City Council regular meeting of August 20, 1990. Councilmember Cheek requested that Item 5 concerning the art work be clarified by asking if Councilmember McBryde's motion was to include Council approving a matching fund with the Arts Council. Councilmember McBryde responded that it did include a match. Councilmember Kendrick also wanted to clarify that he was not the one who said that September would be too late to take action and that it was stated by a gentleman in the audience. Mayor Dawkins also noted that on page nine, third paragraph, the second to the substitute motion shows Councilmember Pillow and it should be corrected to Councilmember Bolton offering the second. Mayor Pro-Tem Evans stated that the Fayetteville Museum of Art's policy is that no artists of one group or geographic location receive special considerations. Art work must be judged on merit and excellence alone, therefore, if we show preference to the local artists after invitations were sent out state-wide to all artists, then this would be "dishonest." Councilmember Cheek moved to correct the fifth paragraph, line three, page nine of Councilmember McBryde's substitute motion to add after "Council Contingency" the words, "to be used as a match for other funds," and to approve the minutes of August 20, 1990, with the changes, including the third paragraph of changing Councilmember "Pillow" to Councilmember "Bolton" on the second to the substitute motion of Councilmember Kendrick. The motion by Councilmember Cheek was seconded by Mayor Pro-Tem Evans and carried unanimously. 2F. Adoption of Ordinance amending Chapter 20, Motor Vehicles and Traffic of the City of Fayetteville Code of Ordinances regarding renaming of truck routes schedules. Councilmember Kendrick asked how this is going to affect the Glendale Acres neighborhood and Marlborough Drive. Traffic Engineer Louis Chalmers responded that the truck route has been changed already and this amendment is to correctly title the Truck Route Schedules in the City Code. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. S1990-17. Councilmember Kendrick introduced foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1990. 2G. Approval of Bid Award in the amount of $492,263.84 to Carlisle Contractors, Inc., low bidder for extensions of water and sanitary sewer utilities to annexation area 11 (Fast Fayetteville). (PWC) Councilmember Cheek asked when the work is to be completed and if there is a penalty for non-performance. She also asked if PWC does public service notification to citizens. PWC Manager Tim Wood responded that he can only estimate a minimum of six months for the project to be completed. Also, that they do have a non-performance clause and there are liquidated damages in the contract. Councilmember Cheek requested that in the future Council be furnished a schedule of major expenditure projects such as completion dates and services available to the citizens upon completion. Bids received were as follows: Please Note: To view the tabulation of bids, please see Book X, page 457 of the City of Fayetteville Meeting Minutes. Councilmember Cheek loved to award the contract to the low bidder of Carlisle Contractors, Inc., in the amount of $492,263.84. The motion was seconded by Councilmember Bolton and carried unanimously. 3. Public Hearings Mayor Dawkins read the policy for the time limit of the public hearings. A. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances by amending Chapter 32, Article VIII, "Sign Regulations" Section 60.1. "C2S Central Business District," Item (e) by deleting the word "should" and substituting the word "shall". (Case No. P90-100) This item was presented by Al Mitchell, Planning Department, stating that the Planning Board recommends approval of the ordinance amendment based on the fact that the proposed amendment clarify the enforcement powers of the Inspections Department. The public hearing was opened at 7:34 p.m. and there being none to speak in favor or against this item, the public hearing was closed. AN ORDINANCE AMENDING SECTION 32-60.1(e), "C2S CENTRAL BUSINESS DISTRICT." ORDINANCE NO. S1990-18. 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 S1990. 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 southwest side of Bragg Boulevard and on the north side of Sycamore Dairy Road. (Case No. P90-102) This item was presented by Al Mitchell, Planning Department, with a recommendation of approval by the Joint Planning Board. The public hearing was opened at 7:35 p.m. Mr. Bill Maxwell, representing the petitioner stated he would reserve his remarks to be used as rebuttal in the event there was someone to oppose the request. There was none to speak in opposition to the item and the public hearing was closed at 7:36 Councilmember Kendrick moved to approve the rezoning as recommended, seconded by Councilmember Bolton and carried unanimously. C. Consideration of an application by Franklin S. Clark 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 operate a Country Club in an R5 Residential District for an area located north of Village Drive, east of Purdue Drive. (Case No. P90-103) This item was presented by Al Mitchell, Planning Department, stating that the Planning Board recommends approval with the condition by the Planning Staff that the proposed expansion of the tennis facilities and non-equestrian related facilities fits in with the character of and is not detrimental to the area. Also the conditions from the City Engineering department which are as follows: 1. All parking areas should be minimum of 5 feet from the right-of-way lines in order to provide for landscape and bank slopes; 2. The right-of-way line on Village Drive is not clearly indicated on the plan; however, the correct location is 27.5 feet from the back of Village Drive curb; 3. The sidewalk should be shown at the right-of-way line and shall have the standard grades and slopes; 4. A drainage plan shall be submitted on a contour map showing existing and proposed contours: 5. All parking areas adjacent to (including those 5 feet from right-of-way lines) and driveway approaches to the streets shall be outlined with 24 inch vertical type concrete curbs and gutters. 6. We assume Fordham Drive on this plan is envisioned to be changed to a private drive since it has a gate station. The property owner should initiate withdrawal of the present Fordham Drive and reimburse the City for past participation in the street construction. 7. A detailed driveway plan and application shall be submitted to the City for each new driveway; and 8. A landscape/planting plan shall be submitted to the city for any landscaping proposed on street rights-of-way. Councilmember Kendrick asked why the equestrian center portion of this was not acted on by the Planning Board. Mr. Mitchell responded that the applicant had withdrawn that portion prior to the Planning Board public hearing. The public hearing was opened at 7:40 p.m., and there being none to appear in favor or opposition to this item, the public hearing was closed. Mayor Pro-Tem Evans moved to approve the Special Use Permit with the findings of the Planning Staff and the conditions of the City Engineering Department. The notion was seconded by Councilmember McBryde and carried unanimously. 4. PWC Matters A. Consideration of approval of Fiscal 1990-1991 Budget Amendment No. 3, providing for purchase of property for water storage sites. This item was presented by PWC Manager Tim Wood, recommending approval of this amendment. Councilmember Kendrick moved to approve the budget amendment number three as requested, seconded by Councilmember Torrey and carried unanimously. B. Consideration of approval of bid award in the amount of $69,265.30 to Seegars Fence Company for Chain Link and Woven Wire Fencing around watershed property. This item was presented by PWC Manager Tim Wood, recommending award to Seegars Fence Company. The bidders were as follows: BIDDER CHAIN LINK WOVEN WIRE TOTAL BID Seegars Fence Co. $41,969.00 $27,296.30 $69,265.30 Acme Fence Co. $49,091.00 (no bid) Councilmember Kendrick moved to award the contract as recommended, seconded by Councilmember Pillow and carried unanimously. 5. Presentation of Bond Order and Financial Covenants for proposed PWC Revenue Bond Sale. This item was presented by PWC Manager Tim Wood and William H. McBride, Bond Counsel, Hunton & Williams, Raleigh, NC. Mr. McBride reviewed the following key points presented in the agenda packet: 1. The new issue is for both refunding and new money purposes: a. Refunding to end the old covenants and rearrange debt service. b. New Money: (1) Funds a part of planned costs for next three years. (2) Saves some issuance expenses by combining with the refunding issue. (3) By issuing the new money now and $15,000,000 general obligation bonds in December, opens up 1991, for City "bank eligible bonds." (4) Amount is sized to carry construction through early 1992. c. Reserve fund will be funded by bonds. 2. "System" is defined as water, sewer, and electric - additional parts of these or new types of services may or may not be added to the "System." 3. Rate covenant: a. Confirms current agreement on "City Transfers" at 5 percent of electric sales. b. Provides absolute assurance that utility general obligation bonds will be financed with utility revenues. c. Are lower (on a percentage basis) than those established in 1987. 4. Underwriter and rating agencies frown on "free service" so PWC will have to charge the City for certain services currently not so handled and pay identical amounts back in the form of City Transfers. 5. Sale of System allowed only if all bonds are paid off (state law and charter are also restrictions). 6. PWC will adopt formal resolution approving the terms of, and its obligations under, the Bond Order before consideration by the City Council on November 5, 1990. Following some discussion, Councilmember McBryde moved to have staff obtain a professional fee estimate for performing a feasibility study to determine the market value of the electric system of the Public Works Commission. The motion was seconded by Councilmember Robertson. Mayor Pro Tem Evans offered a friendly amendment to include a determination of the electric retail rate structures of other major cities in North Carolina and which cities operate their own electric systems. The friendly amendment was accepted. At this time, Councilmember Bolton stated he would need to be excused from voting on this item as in the past. Councilmember Kendrick moved to excuse Mr. Bolton, seconded by Councilmember Pillow and carried unanimously. Councilmember Cheek asked (for clarification of this process) if it is safe to assume that the bonds will be put on hold until we have more information on the information requested by Councilmember McBryde and Mayor Pro Tem Evans. Mr. McBride responded that the Local Government Commission (LGC) could delay the entire issue or delay only the new money portion and keep going with the refunding portion alone. Mr. Wood asked if Council wants the LGC to delay action and Council was in agreement to the delay. Mayor Dawkins then called for a vote on the motion and friendly amendment and it carried 5 to 4 with Councilmembers Kendrick, Torrey, Pillow and Ross voting against. 6. Consideration of rejection of bids for garbage truck packer body. This item was presented by City Manager John Smith recommending that council reject all bids submitted because of a change in quantity requirement. Councilmember Cheek expressed a concern with lease purchases and requested that the Policy Committee look at the obligation of budget money that cannot be used for other needs and consider a possible policy since one does not exist. Councilmember Bolton moved to reject the bids as requested, seconded by Councilmember Ross and carried unanimously. 7. Consideration of rescinding ordinance that opened the Transit Mall to vehicular traffic. This item was presented by City Manager John Smith with a recommendation to request UMTA to grant an extension pending the outcome of Congressman Rose's bill. Councilmember Bolton moved to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously. 8. Consideration of adoption of ordinance amending Section 11-11 "Hearing Board" to establish an alternate member to the Fair Housing Board. Councilmember Robertson moved to adopt the ordinance amending Section 11-11 to establish an alternate member to the Fair Housing Board. The motion was seconded by Mayor Pro-Tem Evans. The motion failed 4 to 5 with Councilmembers McBryde, Pillow, Torrey, Bolton and Kendrick voting against. 9. Consideration of adoption of the County Municipal Solid Waste Reduction/Recycling Policy Statements. Mayor Pro-Tem Evans moved to return this Item to the Task Force with suggestions submitted by Mr. Michael Green of Cohen and Green Salvage Company, seconded by Councilmember Bolton. Councilmember Cheek offered a friendly amendment for staff to report on the physical impact of the policies on the City. The friendly amendment was accepted by Councilmembers Evans and Bolton. Mayor Dawkins called for a vote and it carried unanimously. 10. (Removed from agenda) 11. Consideration of resolution directing the City Clerk to investigate the sufficiency of a petition received under G.S. 160A-31 (Petition-Initiated Contiguous Area). A. Hall Property - 3904 Cumberland Road This item was presented by Assistant City Manager for Operations 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. R1990-102. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously. B. Pep Boys Property - 401 By-Pass RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1990-103. The foregoing resolution was introduced by Councilmember Bolton, seconded by Mayor Pro-Tem Evans and carried 8 to 1 with Councilmember Torrey voting against. C. Mid-South Insurance Company Property - Ramsey Street RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1990-104. The foregoing resolution was introduced by Councilmember Bolton, seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Pillow and Torrey voting against. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1990. 12. Consideration of approval of budget ordinance amendments for the Farmer's Market Project. This item was presented by City Manager John Smith with a recommendation to adopt the Budget Ordinance Amendment Change 91-4. The estimated completion date for the project is December 1990. The following revenues are anticipated to be available to the City to complete the project: General Fund Transfer $14,046 Private Donations 5,644 Total $19,690 Councilmember McBryde moved to approve the Budget Ordinance Amendment seconded by Councilmember Bolton and carried unanimously. 13. Appointments A. Nominations/election to fill three vacancies on the Joint Senior Citizens Advisory Commission. Councilmember Ross moved to elect Mr. Joseph Covington for a second term and Mrs. Eloise Haith to a first term replacing Mr. Everett Allen Barefoot whose second term expired. Motion was seconded by Councilmember Kendrick and carried unanimously. The terms will expire September 30, 1992. Nominations are still open to fill the vacancy of Robert Wade Drake. B. Nominations/election to fill one vacancy on the Human Services Commission. Councilmember Ross withdrew Father Hollywood's name as a candidate because he is to assist Mrs. Ross in submitting a nomination. There were no nominations made to fill the expired term of Curtis P. Harper to March 1992. C. Nominations to fill three vacancies on the Parks and Recreation Commission. Nominated for second terms were Beatrice Matthews by Councilmember Kendrick; John D. Marshall, Jr., by Councilmember Torrey and George Armstrong by Councilmember McBryde. Also nominated were Mr. Guy Edge of 1805 Spruce Street, currently serving on the Personnel Review Board by Councilmember Robertson and Theodore Papadeas, 2350 Rollinghill Road, nominated by Councilmember Ross. D. Nominations/election to fill four vacancies on the Historic Resources Commission. William Watson, Jr., Myrtice Coley and Wade Byrd were elected by acclamation to serve a second term upon motion by Councilmember McBryde, seconded by Councilmember Bolton and carried unanimously. Councilmember Cheek nominated Wayne McGary, Architect, to fill the term of Dan McMillian to October 31, 1991. Councilmember Bolton moved to elect Mr. McGary, seconded by Councilmember Cheek and carried unanimously. E. Appointment to the Board of Trustees of the North Carolina Firemen's Relief Fund. Councilmember Pillow elected Kai Nelson as city Finance Director to serve as Treasurer to the Board, replacing John B. (Ben) Brown, Jr., seconded by Councilmember Cheek and carried unanimously. F. Nomination to fill one vacancy on the Personnel Review Board. Councilmember Robertson nominated Bobby R. Davis, 3772 Inwood Court, to fill the term of Leon Lancaster to December 1990. G. Election of Voting Representative and up to two alternates for the National League of Cities Convention, Houston, Texas, December 1 through the 5, 1990. Councilmember Kendrick moved to elect Mayor Dawkins as the voting representative, seconded by Councilmember Torrey and carried unanimously. Councilmember Ross nominated Councilmember Torrey for the first alternate and Councilmember Robertson nominated Councilmember Kendrick as the second alternate and they were elected unanimously. H. Settlement of Condemnation on the west side of Cheselka Street. City Attorney Bob Cogswell recommended settlement of the condemnation of the property owned by Max Mitchell on the west side of Cheselka Street for the additional sum of $6,480. Councilmember Robertson moved to follow the recommendation seconded by Councilmember Pillow and carried unanimously. At this time, Councilmember Robertson moved to enter executive session for performance evaluation, seconded by Councilmember Kendrick and carried unanimously at 10:05 p.m. Council reconvened into regular session at 10:15 p.m. and there being no further business the meeting was adjourned upon motion and second. Approved December 17, 1990 REGULAR MEETING MONDAY, OCTOBER 15, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 116 GREEN STREET MONDAY, OCTOBER 15, 1990 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Milo McBryde (at-large); Nat Robertson, Jr., (at-large); Tommy Bolton (District l); 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 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 Robert M. Bennett, City Engineer George Vaughan, City/County Planning Director Tim Wood, PWC Manager Louis Chalmers, Traffic Services Director Al McKenzie, Personnel Director Kai Nelson, Finance Director Tommy McCoy, PWC Chairman John Drake, CSX Railroad Division Manager, Florence, SC Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE Mayor Dawkins welcomed everyone to the second meeting in October. The invocation was offered by Pastor James Scales, Grace Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins recognized former Mayors Bob Butler and Bill Hurley in the audience. 1. Approval of Agenda City Manager John Smith requested to add to the consent agenda Item K for award of contract for uninterruptable power system (UPS) and as Item L - Consideration of Adoption for Resolution for Lease by Bragg Mutual Federal Credit Union for space in the new City Hall. Councilmember Bolton requested to abstain from Item 4A because of conflict of interest. Councilmember Cheek moved to approve Councilmember Bolton's request to abstain, seconded by Councilmember Torrey and carried unanimously. Councilmember Bolton moved to approve the agenda with the addition of Items 2K and L, seconded by Councilmember Pillow and carried unanimously by voice vote. 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 2I for discussion. Councilmember Bolton moved to approved the consent agenda with the exception of Item 2I. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved: A. Approval of minutes of City Council regular meeting of September 4, 1990. B. Approval of minutes of City Council regular meeting of September 17, 1990. C. Approval of tax refunds. 1. Tax Refund in the amount of $326.01 to Jesse O. Brown for clerical error - overpayment due to annexation bill calculated on incorrect real value. 2. Tax Refund in the amount of $5.53 to Haral E. Carlin for clerical error - 1977 Olds auto listed incorrectly. 3. Tax Refund in the amount of $43.85 to Susan C. Harrison for clerical error - billed in wrong tax district. 4. Tax Refund in the amount of $7.80 to George W. Johnson for clerical error - 1981 Ford auto listed incorrectly. 5. Tax Refund in the amount of $11.44 to John Runy - for clerical error - 1983 Ford auto listed incorrectly. 6. Tax Refund in the amount of $88.52 to Karin J. Griswold for clerical error - illegal tax military non-resident. 7. Tax Refund in the amount of $1.21 to James D. Hatten for clerical error - 1985 Honda scooter listed incorrectly. 8. Tax Refund in the amount of $50.79 to Lacy McDougald for clerical error - 1984 Chrysler auto listed incorrectly. 9. Tax Refund in the amount of $112.42 to Richard M. Demattos for clerical error - 1987 Pontiac Fiero double billed. 10. Tax Refund in the amount of $537.86 to Fayetteville Baseball Club for clerical error - value adjusted per amended statement. 11. Tax Refund in the amount of $4.95 to Otis Fenn for clerical error - 1984 Pontiac auto value adjusted. 12. Tax Refund in the amount of $135.78 to McLamb's Auto Salvage, Inc. for clerical error - machinery and equipment cost figures listed in error. 13. Tax Refund in the amount of $19.82 to Elvin McNeill for clerical error - 1981 Mazda listed incorrectly. 14. Tax Refund in the amount of $96.29 to David G. Milani for clerical error - illegal tax--military non-resident. 15. Tax Refund in the amount of $42.69 to Edward S. Rybat for clerical error - illegal tax--personalty located in Texas. 16. Tax Refund in the amount of $111.35 to David P. Stark, Jr., for clerical error - illegal tax--military non-resident. 17. Tax Refund in the amount of $100.39 to Bradley P. Union, Jr. for clerical error - 1988 Cadillac auto listed incorrectly. D. Adoption of Budget Ordinance Amendment 91-5. To appropriate funds for the following items: 1. Appropriate $909 received from the sale of employee picnic tickets and various donations. The funds will be used for the City's annual employee picnic. 2. Appropriate $320 in donations to purchase supplies for the Police Department's DARE Program. 3. Appropriate $3,000 received from Fayetteville Academy for the installation of a school flasher light on Cliffdale Road. E. Adoption of Capital Project Ordinance 91-4. Revenues anticipated to be available to the City for completion of Project from Federal Drug Forfeiture Funds in the amount of $36,448. F. Adoption of resolution to acquire right-of-way (Parcel W-26) for Hillsboro Street Sidewalk Project. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (HILLSBORO STREET RIGHT-OF-WAY, W-26). RESOLUTION NO. R1990-25. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1990. G. Approval of bids for Bond Projects sidewalk construction along portions of Person Street, Langdon Street, Hillsboro Street, Southern Avenue and Ramsey Street. The three lowest bidders are as follows: Nortec Construction Services, Inc. $215,884.60 C.K. Andrews Construction Company, Inc. $269,343.97 Autry Grading Company $270,170.50 City Estimate $266,830.50 A copy of the complete tabulation is attached to and made a part of these minutes. H. Set public hearing for November 19, 1990, to consider street name changes for the following: 1. Morgan Lane 6. London Road 2. Sessoms Drive 7. Progress Street Extension 3. West Orange Street 8. Sycamore Dairy 4. McArthur Street 9. North King Street 5. Downing Street I. (Pulled for Discussion) J. Adoption of Ordinance amending Chapter 4, "Aircraft and Airports" of the Fayetteville City Code. AN ORDINANCE AMENDING CHAPTER 4, "AIRCRAFT AND AIRPORTS." ORDINANCE NO. S1990-19. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1990. K. Award Contract for Uninterruptable Power System (UPS) (Information Systems--Data Processing) The recommended action was to award a purchase contract to Wang Laboratories in the amount of $32,656.30. Bids received were as follows: Wang Laboratories Inc. (Item 1) $28,080.56 Wang Laboratories Inc. (Item 2) $32,656.30 Word Processing Brokerage (Item 1) $29,699.00 Word Processing Brokerage (Item 2) $33,416.00 L. Authorized Lease in New City Hall to Bragg Mutual Federal Credit Union. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY TO BRAGG MUTUAL FEDERAL CREDIT UNION. RESOLUTION NO. R1990-108. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1990. 2I. Approval of Designation of Official Depositories of Public Funds. Councilmember Bolton asked if we should be depositing in Savings and Loans at this time. He has great concerns and misgivings about depositing funds in the Savings and Loans at this time. City Manager Smith responded that under State Statute, any deposit of municipal funds has to be 100 percent secure--either through federal deposit insurance or through securities that have to be put up by the institution backing those deposits. Councilmember Bolton asked if we could limit our activities with Savings and Loans. City Attorney Cogswell responded that he believed that we could. Councilmember Bolton stated he would feel better about this situation if we could remove the language from the resolution dealing with Savings and Loans and deal only with government backed paper or FDIC insured items. RESOLUTION ADOPTING A POLICY OF CONSOLIDATING THE CITY'S ACCOUNTS AND BANKING SERVICES INTO A SINGLE CENTRAL DEPOSITORY AND AUTHORIZING THE CITY MANAGER TO SELECT DEPOSITORY. RESOLUTION NO. R1990-106. RESOLUTION DESIGNATING VARIOUS FINANCIAL INSTITUTIONS AS DEPOSITORIES OF CITY FUNDS. RESOLUTION NO. R1990-107. Mayor Pro-Tem Evans introduced the foregoing resolutions and moved their adoption and requested that the City Manager choose the safest place possible. The motion was seconded by Councilmember Robertson and carried unanimously. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolution book R1990. 3. Public Hearings Mayor Dawkins read the policy for the public hearing time limit. A. Consideration of a new street name for the public right-of-way currently known as "Elliott Street," located west of NC Highway 87/210 Murchison Road from the western margin of NC Highway 87/210 Murchison Road, south of Matthews Street running northwest of Torrey Drive, is to be renamed to Coley Drive. This item was presented by Joint Planning Director, George Vaughan, stating that public hearings A through I have come from the list of street name duplications and things that needed to be changed for the implementation of Enhanced 9-1-1. This list resulted from consultation between the City Emergency Services' Dispatcher and Carolina Telephone and Telegraph. The proposals resulted either from a petitioner or request from a resident for preferred choice, or from a reserve street name list which the planning staff had generated prior to the beginning of the process, if there was no response from the area residents. Mr. Vaughan stated that the first public hearing of Elliott Street is from a petition of the residents of the street. The public hearing was opened at 7:15 p.m. and speaking in favor was John T. Gibson, 1462 Thelbert Drive, petitioner. He stated that the Elliott family gave the land for the road many years ago and Mrs. Coley is the only living relative of that family and that is why the area residents chose that name. Appearing in opposition was Mrs. Sarah McDonald, 1415 Elliott Street, stating they had not been notified as to why the street name was being changed, only that it was going to be changed. She said she has no objections to the name of Coley Drive. There being none further to be heard on this matter, the public hearing was closed at 7:20 p.m. AN ORDINANCE OF THE CITY CHANGING ELLIOTT STREET NAME TO COLEY DRIVE. ORDINANCE NO. NS1990-35. Councilmember Torrey 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 NS1990. B. Consideration of a new street name for the public right-of-way currently known as "Bragg Street," located north of NC Highway 24 Bragg Boulevard, east of Winston Avenue and west of Pearl Street, is to be renamed to Manner Way. Joint Planning Director, George Vaughan, said they had received request for names of Manor Way, Madison Avenue, and Michael Bryant Road. After they processed these three names, "Manor" Way was not acceptable to the post office or Cumberland County Emergency Dispatcher. However, "Manner" Way was acceptable, so it was advertised this way for the public hearing. The public hearing was opened at 7:23 p.m. with none to speak in favor. Appearing in opposition was Margie Rose, 1936 Bragg Street. She had submitted the name of "Manor" Way and is requesting a postponement to find a more suitable name than the "Manner" Way. Also appearing in opposition was Dollie G. Smith, 1932 Bragg Street. She stated, she has lived on this street for 35 years, agrees with Mrs. Rose, and feels she cannot approve of the spelling "Manner" Way. There being none further to be heard on this matter, the public hearing was closed at 7:30 p.m. Councilmember Robertson moved to refer this item to the Planning Board and have a public hearing on November 19. The notion was seconded by Councilmember McBryde and carried unanimously. C. Consideration of a new street name for the public right-of-way currently known as "Alfalfa Street," located north of NC Highway 24/210/57 Grove Street and east of NC Highway 301 at the western end of Hill Street, to be renamed to North King Street. The public hearing was opened at 7:30 p.m. and there being none to speak in favor or opposition, the public hearing was closed. AN ORDINANCE OF THE CITY COUNCIL CHANGING ALFALFA STREET NAME TO NORTH KING STREET. ORDINANCE NO. NS1990-36. Mayor Pro-Tem Evans 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 NS1990. D. Consideration of a new street name for the public right-of-way currently known as "Hill Street," located north of NC Highway 24/210/87 Grove Street at the northern end of King Street and east of Highway 301 to be renamed to North King 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. AN ORDINANCE OF THE CITY COUNCIL CHANGING HILL STREET NAME TO NORTH KING STREET. ORDINANCE NO. NS1990-37. Councilmember Bolton 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 NS1990. E. Consideration of a new street name for the public right-of-way currently known as "First Street," located east of 401 North Raleigh Road, east of Sunrise Circle and west of Second Street, north of Post Street and south of Lynn Avenue to be renamed to Hawkins Road. The public hearing was opened at 7:33 p.m. and there being none to speak in favor or opposition, the public hearing was closed. AN ORDINANCE OF THE CITY COUNCIL CHANGING FIRST STREET NAME TO HAWKINS ROAD. ORDINANCE NO. NS1990-38. Councilmember Ross introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1990. F. Consideration of a new street name for the public right-of-way currently known as "Filter Plant Drive" (also known as Boundary Lane), located south of the intersection of NC Highway R7/210 Murchison Road and Filter Plant Drive, extending from the western margin of Murchison Road to the southern margin of Filter Plant Drive to renamed to Carthage Drive. AN ORDINANCE OF SHE CITY COUNCIL CHANGING FILTER PLANT DRIVE TO CARTHAGE DRIVE. ORDINANCE NO. NS1990-39. Councilmember Torrey 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 NS1990. G. Consideration of a new street name for the public right-of-way currently known as Dancy Street," that portion of Dancy Street west of Wilma Street and north of Roosevelt Drive to be renamed to Salisbury Road. The public hearing was opened at 7:34 p.m. and there being none to speak in favor or opposition, the public hearing was closed. AN ORDINANCE OF THE CITY COUNCIL CHANGING DANCY STREET NAME TO SALISBURY ROAD. ORDINANCE NO. NS1990-40. Councilmember Ross introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance book NS1990. H. Consideration of a new street name for the public right-of-way currently known as "Coronation Drive," located west of 401 North Raleigh Road, from the western margin of 401 North Raleigh Road extending beyond Watersplash Drive, is to be renamed to Congreve Road. The public hearing was opened at 7:34 p.m. and there being none to speak in favor or opposition, the public hearing was closed. AN ORDINANCE OF THE CITY COUNCIL CHANGING CORONATION DRIVE NAME TO CONGREVE ROAD. ORDINANCE NO. NS1990-41. Councilmember Ross introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1990. I. Consideration of adoption of a resolution (pursuant to petition) for the paving of Windermere Drive lying between Cliffdale Road and Cornish Street. This item was presented by City Engineer Bob Bennett, recommending adoption of the resolution. The public hearing was opened at 7:35 p.m. and there being none to speak in favor or opposition, the public hearing was closed. Councilmember Bolton asked what the cost would be to the citizens. Mr. Bennett responded that it would be $10 per foot. Councilmember Robertson asked who was doing the work. Mr. Bennett stated that when the design work is done, the project will then be put out for bids. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (PAVING OF WINDEMERE DRIVE). RESOLUTION NO. R1990-109. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Robertson and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1990. J. Consideration of adoption of a resolution to close that portion of Arsenal Avenue between Bradford Avenue and the C.B.D. Loop. This item was presented by City Engineer Bob Bennett, recommending adoption of the resolution. The public hearing was opened at 7:38 p.m. and appearing in favor was Scott Loehr, Curator of the Museum of the Cape Fear. He stated that this dovetails with their master plan for the development of the Museum of the Cape Fear Historical Complex, which includes the museum, the 1897 E.A. Poe House and Arsenal Park. It will be linked by a pedestrian overpass that will expand over the CBD Loop Highway. The closing of Arsenal Avenue will enable the museum to enhance the entryway and facilitate the movement of both vehicular and pedestrian traffic throughout the complex. Cumberland County, owner of the church property across the street, is aware of this project and is in support of it. It was none to appear in opposition and the public hearing was at 7:40 p.m. Councilmember Kendrick asked if the museum is aware of the law that divides the street property upon closing. City Attorney Cogswell responded that the museum is aware of this. RESOLUTION AND ORDER CLOSING A PORTION OF ARSENAL AVENUE. RESOLUTION NO. R1990-110. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1990. K. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (pursuant to G.S. 160A-31, as amended) (Lewis/Allen Property). This item was presented by Assistant City Manager for Operations, Roger Stancil, certifying that a public notice for the hearing was published on October 4, 1990, in the Fayetteville Observer/Times. He presented the petition annexation information report with two maps and a proposed annexation ordinance with the legal description map. Mr. Stancil stated that the Fire Department does recommend a Fire Department in this area. Mr. Stancil recommended adoption of this annexation ordinance. The public hearing was opened at 7:44 p.m. and there being none to speak in favor or against the public hearing, it was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (LEWIS/ALLEN PROPERTY, RAMSEY STREET). ANNEXATION ORDINANCE NO. 90-10-335. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried 6 to 3 with Councilmembers Ross, Kendrick, and Torrey voting against. A copy of the foregoing ordinance is on file in the Clerk's Office in Annexation Ordinance Book 1990. 4. PWC Matters A. Discussion of proposed PWC bonds. This item was presented City Manager John Smith, who submitted a memo from Finance Director Kai Nelson regarding asset valuation of the PWC electric system and additional costs to the City if PWC bonds are deferred to 1991; a synopsis of a study conducted for the City of San Antonio regarding the possible sale of the San Antonio electric utility; a memo from PWC regarding the proposed revenue bond; and a memo from PWC Manager Tim Wood regarding questions raised about the proposed bonds. Mr. Smith stated that the issues before City Council are as follows: 1. Should the City proceed with a study to determine the "value" of the PWC electric system? 2. Should the City proceed with the sale of the $15 million in general obligation bonds for the completion of the Cross Creek Wastewater Plant? 3. Should the City proceed with the sale of approximately $30 million in revenue bonds to refund the outstanding debt on the combined cycle generation plant? 4. Should the City proceed with a 1990 sale of additional electric and water sewer bonds for the projects in the attached PWC memo? Mr. Smith recommended: (1) the issuance and sale of the $15 million in G.O. Bonds, (2) the refunding of revenue bonds, (3) and whatever projects that are to be initiated during 1991--that the City proceed with the 1990 bond sale with sufficient funds to carry PWC through 1991 and into early 1992 when the Council-can issue completion bonds. Councilmember McBryde stated he felt the action taken at the last meeting held up the bonds; therefore, he moved that the City proceed with the City Manager's recommendations and proceed with the bond issuance process, with the bond order to be returned to Council on November 5, 1990. Following some discussion, Mayor Dawkins called for a vote and it carried unanimously 8 to 0 with Councilmember Bolton abstaining (with Council's approval). PWC Chairman Thomas M. McCoy was recognized and stated that their meetings are open to the public and are well covered by the news media. A member of City staff and a councilmember attend all meetings and an open invitation was offered to tour PWC's facilities. All PWC members are appointed by the City Council and their performance is subject to review prior to consideration of reappointment. Mr. McCoy concluded by stating they are open to suggestions as to how improvements can be made in communications if any are needed. B. Consideration of authorizing Mayor and City Clerk to execute Easement between Westinghouse Electric Corporation and City of Fayetteville for Chlorine Station building to be operated and maintained by Public Works Commission. This item was presented by PWC Manager Tim Wood recommending approval. Councilmember Kendrick moved to approve the execution of the easement as registered, seconded by Councilmember Bolton and carried unanimously. C. Consideration of award of contract for purchase of 30,000 of 750 MCM Primary Cable and/or 30,000' of 1000 MCM Primary Cable to the following low evaluated bidders: 1. 750 MCM Primary Cable (30,000') to Mill-Power Supply Company. The bids were received as follows: VENDOR PRICE PER 1,000 FT TOTAL BID Westinghouse Electric Supply Co. $4,334.00 $130,020.00 Mill-Power Supply Co. $4,333.00 $129,990.00 Hesco Inc.(a) $4,226.46 $126,793.50 (b) $4,273.15 $128,194.50 Rigby Electric Co. $4,203.00 (Escalating) Tennessee Valley $4,349.00 $130,470.00 Councilmember Bolton moved to award the contract to Mill-Power Supply Company as recommended, seconded by Councilmember Kendrick and carried unanimously. 2. 1000 MCM Primary Cable (30,000) to Rigby Electric Supply Company. VENDOR PRICE PER 1,000 FT TOTAL BID Westinghouse Electric Supply Co. $4,218.00 $126,540.00 Hesco Inc.(a) $4,212.25 $126,367.50 (b) $4,212.70 $127,281.00 Rigby Electric Co. $4,164.00 $124,920.00 Tennessee Valley $4,235.00 $127,050.00 Councilmember Bolton moved to award the contract to Rigby Electric Company as recommended, seconded by Councilmember Kendrick and carried unanimously. Mr. Wood expressed his appreciation along with all of the PWC employees to Council for their support. Mr. Wood was excused from the meeting at this time. 5. Consideration (if revision to Section 25-6 "Railroads" and consideration of request to the North Carolina Department of Transportation to delete signalization projects of Hay Street, Franklin Street, and Russell Street from their Transportation Improvement Program. (Appearing: Representatives of Railroad Companies) This item was presented by City Manager John Smith, who gave a brief overview and presented the following three options for Council to consider: 1. Proceed with the crossing signalization projects jointly with DOT. 2. Remove the projects from the Transportation Improvement Program and adopt the flagging ordinance. 3. Remove the projects from the Transportation Improvement Program and continue operation of the crossings as is. Mr. Smith recommended option two or three with the understanding that this action is only an interim action until a final decision is made on relocation of the tracks. He then stated that representatives with the railroad company were present to speak on this matter. Council recognized Mr. John Drake, Division Manager for the Florence Division for CSX, which has jurisdiction over the trackage in and around the City of Fayetteville. He stressed they were not speaking against the track relocation project. However, they are against the additional flagging of crossings at Tiny Street and Maiden Lane because of safety of their employee, who are not trained in traffic control. Mr. Drake further stated that a stopped train downtown welcomes vandalism and tempts trespassers. Also military traffic cannot be delayed. He appealed to Council not to amend the existing section of the railroad ordinance any further. Mayor Pro-Tem Evans requested that Mr. Drake assist in having the trains move across Hay Street faster and he said they would. Councilmember Bolton moved to approve Option ƒ3, to remove the projects from the Transportation Improvement Program and continue operation of the crossing as is. The motion was seconded by Mayor Pro-Tem Evans and carried unanimously. 6. Consideration of award of contract for Employee Cafeteria Benefits Program. This item was presented by City Manager Smith stating that be had appointed a committee consisting of the Assistant City Manager for Administration, Personnel Director, Risk Manager, Finance Director and benefits Specialist in the Personnel Department to review the proposals that were received. Three of the proposals were considered for final selection. One of those three was eliminated because the third party administrator is not registered in North Carolina. The two remaining finalists were Olde Fayetteville Insurance and Financial Services and Scoggins and Associates, Inc. Mr. Smith stated that the consensus of the committee that Scoggins has the best overall proposal. Mr. Smith stated that they hope to have this implemented by January 1, 1991, so that employees can benefit for the full tax year. Following some discussion, Councilmember Kendrick moved to have the City Manager look at those qualified and return November 5, 1990, following negotiations. The motion was seconded by Councilmember Bolton and carried unanimously. 7. Consideration of increase in fee for returned checks. This item was presented by City Manager John Smith stating that we are currently charging $5 for returned checks and we are limited to $15 by general statute. He recommended that we set a fee at the maximum allowed by general statute. Councilmember McBryde moved to follow the recommendation and set the fee for returned checks at the maximum allowed by general statute. The motion was seconded by Councilmember Ross and carried unanimously. 8. Consideration of amendment of Section 2-64(b) "Insurance" of the Code of Ordinances of the City of Fayetteville. This item was presented by City Manager John Smith stating that this ordinance amendment is to update the authority delegated by the insurance company to the City to settle claims up to $15,000. AN ORDINANCE AMENDING SECTION 2-64(b) "INSURANCE." ORDINANCE NO. S1990-20. 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 S1990. 9. Consideration of approval of Inter local Agreement between the City of Fayetteville and the Town of Spring Lake for cooperative purchasing. This item was presented by City Manager John Smith with a recommendation to adopt the resolution and approve the Interlocal Agreement. RESOLUTION AUTHORIZING COOPERATIVE PURCHASING BETWEEN THE CITY OF FAYETTEVILLE AND THE TOWN OF SPRING LAKE. RESOLUTION NO. R1990-111. Councilmember Kendrick introduced the foregoing resolution and moved its adoption and to approve the Interlocal Agreement as recommended. The motion was seconded by Councilmember Ross and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1990. At this time, Mayor Dawkins congratulated Assistant City Manager for Operations, Roger Stancil, upon the birth of his 10 pound baby daughter. 10. Consideration of award of contract for Market House construction and amendment of Capital Project Ordinance. This item was presented by Assistant City Manager for Operations, Roger Stancil, stating that this deals with the platform at the Market House only and private fund raising will continue. The project is to begin 30 days from the award of the contract and will last approximately 6 months. Bids received were as follows: TOTAL William C. Jack Construction Co. $247,000.00 Less alternate number 1 $ 12,000.00 Barnhill Contracting Co. $268,500.00 Less alternate number 1 $ 14,770.00 Richardson and Sons Construction, Inc. $269,449.00 Less alternate number 1 $ 13,965.00 Mr. Stancil recommended award of contract to William C. Vick Construction, Inc., lowest responsible bidder, and adoption of capital project ordinance 91-5. Mr. Stancil stated that we have $135,000 currently in City funds. Private donations will be transferred in the amount of $88,000 with NC Department of Transportation Funding $30,000 for a total of $118,000 for the project change. Councilmember Bolton moved to award the contract to Walter C. Vick Construction Company, lowest responsible bidder as recommended and to adopt the Capital Project Ordinance 91-5. The motion was seconded by Councilmember Kendrick and carried unanimously. 11. Consideration of the following proposed Municipal Agreement between the City of Fayetteville and NC DOT: A. Southern Avenue at Whitfield Street WHEREAS, the North Carolina Department of Transportation has prepared and adopted plans to make certain street and highway improvements within this Municipality under Project U-1756E, Cumberland County, said plans consisting of the construction of a right turn lane on SR 1141 onto SR 1168 in Fayetteville; and, WHEREAS, said Department of Transportation and this Municipality propose to enter into an Agreement for the above-mentioned project whereby this Municipality agrees to effect the necessary adjustments of all utilities and to provide the right of way for the project, all without cost to the Department of Transportation; and, WHEREAS, said Department of Transportation agrees to construct the project in accordance with the approved project plans; and, WHEREAS, the Agreement will further provide for the establishment, maintenance, and enforcement of traffic operating controls for the regulation and movement of traffic on the project upon its completion. NOW, THEREFORE, BE IT RESOLVED that Project U-1756E, Cumberland County, is hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. Councilmember Kendrick moved to approve the municipal, agreement as recommended, seconded by Councilmember McBryde and carried unanimously. B. McPherson Church Road and Morganton Road Intersection WHEREAS, the North Carolina Department of Transportation and the City of Fayetteville propose to make certain improvements consisting of improvements to Morganton Road (SR 1404) in the vicinity of McPherson Church Road (city street) in Fayetteville and shown on the attached Exhibit "A" (the "Project"); and, WHEREAS, the Department shall be responsible for certain improvements to Morganton Road and the City shall be responsible for certain improvements to McPherson Church Road as set forth in the Municipal Agreement; and, WHEREAS, the Department agrees to reimburse the City the actual costs of the widening of the north side of Morganton Road from McPherson Church Road to the All American Expressway; and, WHEREAS, the City agrees to be responsible for the relocation of all utilities in conflict with the Department's project and the Municipality's project, at not expense to the Department. NOW, THEREFORE, BE IT RESOLVED that this Agreement is hereby formally approved by the City Council of the Municipality of Fayetteville and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation. Councilmember Kendrick moved to approve the municipal agreement as recommended, seconded by Councilmember McBryde and carried unanimously. 12. Consideration of approval of amendment to City of Fayetteville Dependent Health Plan. This item was presented by City Manager John Smith stating that the plan is now listed for unmarried children who are under the age of 19. The recommendation is to change it to "unmarried dependent children who are under age 19, or under age 23, when registered in an accredited school as a full-time student." Councilmember McBryde moved to approve the amendment as recommended, seconded by Councilmember Ross and carried unanimously. 13. Consideration of adoption of resolution of support of House Bill H.R. 5139 regarding opening of Hay Street Commons Transit Mail to vehicular traffic. This item was presented by City Manager John Smith with a recommendation to adopt the resolution supporting House Bill M.R. 5139 regarding opening of Hay Street Commons Transit Mall to vehicular traffic. RESOLUTION. RESOLUTION NO. R1990-112. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1990. 14. Consideration of approval of exchange of police weapons. This item was presented by City Manager John Smith with two options: Option I - Purchase the remaining number of weapons (47) in 9 millimeter caliber at an approximate cost of $18,000 minus trade-in weapons. Option II - Expend approximately $42,000 of federal forfeiture money and purchase 250 state of the art weapons in an approved caliber. Mr. Smith recommends Option II. Following some discussion, Councilmember McBryde moved to approve Option II in the exchange of Police weapons as recommended, seconded by Councilmember Bolton and carried unanimously. 15. Report from Policy Committee. Councilmember McBryde, Chairman of the City Council Policy Committee, reported on the meeting held October 9, 1990, and stated that art in public places and lease-purchases would both need to be considered on case-by-case basis. He stated it would be difficult to write polices to cover all cases. Councilmember Cheek requested that a letter be written to the Arts Council with the results of this meeting and thank them for their suggestions. 16. Consideration of cancellation of October 22 Information Meeting. Councilmember Ross moved to cancel the October 22 Information Meeting, seconded by Mayor Pro-Tem Evans and carried unanimously by voice vote. 17. Appointments A. Nominations to fill one vacancy on Joint Senior Citizens Advisory Commission. There were no nominations to fill the vacancy of Robert Wade Drake to September 30, 1992. B. Nominations to fill one vacancy on Human Services Commission Councilmember Ross nominated Ms. Judy Lowe. C. Nominations to fill three vacancies on Parks and Recreation Commission. Mayor Dawkins called for a vote to fill the three vacancies from nominations of Beatrice Matthews, John B. Marshall, Jr., Greg M. Edge and Theodore Panadeas. George Armstrong was withdrawn as a nominee because be declined to serve second term. The following were elected: Beatrice Matthews and John D. Marshall, Jr., elected for second terms and Gregory M. Edge was elected for a first term. D. Nominations to fill one vacancy on Personnel Review Board. Councilmember Robertson moved to elect Mr. Bobby R. Davis by acclamation and it carried unanimously. Mr. Davis' address is 3772 Inwood Court, Fayetteville 28303. Mr. Davis will be filling the term of Mr. Leon Lancaster to December 31, 1990. Councilmember Ross nominated Theodore Papadeas to fill the term of Mr. Gregory Edge to December 31, 1991. E. Appointments to Joint Task Force on Affordable Housing. City Manager John Smith presented a request from Joseph L. Nagel, Brigadier General USA Retired, Acting Chairman, AHTF for appointment of members to the Task Force. Mayor Pro-Tem Evans moved to appoint the List of members as requested, seconded by Councilmember Ross and carried unanimously. The appointments are as follows: Affordable Housing Task Force Chairperson, General Joseph L. Nagel; Depute Chairperson - Richard Herrera/Janice S. Gerald Needs Assessment Task Group Chairman, Mr. Roger Sheats, Director Mid-Carolina Council of Governments; Ms. Diane Johnson, Resident Service Coordinator, Campbell Terrace; Mr. Doug Smith, Director Adult Service, Cumberland County Department of Social Services; Mr. J.O. Park, III, Chief, Housing Division, Fort Bragg; Dr. Lloyd "Vic" Hackley, Chancellor, FSU; Mrs. Jean Ollenberger, Housing Management officer, Pope Air Force Base; Mrs. Carrie Grace, Advocate for Disadvantaged; Mrs. Valerie Joyner, Businesswoman Housing Policy Task Group Chairman, Ms. Emily K. Seamans, Assistant Professor, Social Work, Methodist College; Mrs. Ethel Clark, Realtor, Hall Real Estate, Town Board, Sprang Lake; Mr. Ed Deaver, Town Board, Hope Mills; Mrs. Dorothy Joel, Beautician, Murchison Road Improvement Group; Mr. Don Sherrill, Director, Fayetteville Metropolitan Housing Authority; Mr. Al Mitchell, Cumberland County Joint Planning Board; Reverend Dwain Murphy, Public Housing Resident, Associate Pastor, Sandy Grove AME Church; Mr. Marshall Lanter, Director, Cumberland County Coordinator Council on Older Adults; Reverend William Depratter, Pastor, Sunnyside Presbyterian Church; Mr. Bruce Pulliam, Professor, Methodist College; Mrs. Beatrice Stedman, Retired Office Worker Building Codes Task Group Chairman, Mr. Bud Tisdale, DeveLoper, President, FAC Chamber of Commerce; Mr. Walter Haire, Housing Inspector, City of Fayetteville; Mrs. Linda Poor, Inspector, Off-Post Housing, Pope Air Force Base; Dr. George Franks, Attorney, Sheriff's Department; Mr. Lewis Reeves, Businessman/Builder; Ms. Suzanne Day, Fort Bragg, Mr. William McCall, Retired Teacher; Mr. Lynn Hill, Realtor, Appraiser Self Help Initiatives Task Group Chairman, Mr. R.O. (Bobby) McCoy, Olde Fayetteville Association; Mr. Walter Vick, Architect; Mrs. Christina Smith, Advocate, Wilmington Road Concerned Citizens; Mr. Harold Sturdivant, Retired Businessman, Advocate; Mr. Tom McDowell, Realtors, Mr. Elmer Floyd, Director, Human Services, City of Fayetteville, Mrs. Charlotte Yarborough, Housing Advocate; Mr. C.P. Parker, Manufacturing Housing, Mr. Frank Moore, Retired Postal Worker Financial Alternatives Task Group Chairman, Mr. Joe Temple, CEO, NCNB, Mr. Tom Council, Realtor, Board, NC Housing Finance Agency, Mr. Craig Graham, Cumberland County Department Mental Health; Mrs. Juanita Pilgrim, Assistant Manager; Mr. Ronald Dawkins, Vice President, First Union National Bank, Mr. Thurman Smith, CEO, East Coast Federal; Mr. John B. (Ben) Brown, Jr., Assistant City Manager Affordable Housing Advocate/Liaison - Reverend Curtis Harper 18. Administrative Reports: A. Statement of taxes collected for the month of September 1990 from the Cumberland County Tax Collector. City Manager submitted the report showing a total collection of $658,096.00 B. Report on Parks and Recreation facility utilization. This report was presented in the agenda packet. At this time, Councilmember Cheek requested a report concerning the road work on the newly annexed area such as the Oaks, Hermitage and others because the streets are washing out from the rain due to the work being behind schedule. Mr. Smith and Mr. Bennett responded that letters have been sent to the residents in these areas notifying them of the completion date of approximately October 30. Mr. Bennett stated that those residents having difficulties in getting in or out of their driveways should notify the contractors or the Engineering Department for assistance. There being no further business, the meeting was adjourned at 9:35 p.m. upon motion and second. Approved December 17, 1990 Please Note: To view the bid tabulation sheet, please see Book X, page 476 of the City of Fayetteville Meeting Minutes. REGULAR MEETING MONDAY, NOVEMBER 5, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 116 GREEN STREET MONDAY, NOVEMBER 5, 1990 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large), Nat Robertson, Jr. (at-large), Milo McBryde (at-large); Tommy Bolton (District 1); Ida Rosa (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. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Al Mitchell, Assistant City/County Planning Director Tim Wood, PWC Manager Robert Barefoot, Parks and Recreation Department Wally McBride, Counselor, Hunton and Williams Sandy Saunders, Parks and Recreation Advisory Commission Chairman Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE Mayor Dawkins welcomed everyone to the first regular meeting in November and called on Elder J.C. Reid, Pastor of Pentecostal Temple Church of God in Christ, to offer the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins requested that the invocation he spread in the minutes. It is as follows: May God show us mercy from the lighthouse evermore and to us he give the keeping of the lights along the shore. God our Father and our King, it is in Thy presence that we come. We come to Thee because Thou art our heavenly Father and we are Thy children. We bow our heads as a sense of our helplessness realizing that we can do nothing without God. Lead us in this Council tonight. Help us to be aware of the fact that we as a Council is not built on righteousness and that which is right and fair, that our Council will come to naught. Help us to stand together in this City. Bless our Mayor who carries the big torch for the light along the shores of our City and carries the pressure. Help us to work together as God's children--brothers and sisters--for one common cause. Break down the stubborn walls petitioned between us made. Hold us in the hollow of your hands. Keep us in the center of your will. Do it for us. O Lord, we won't take any honor upon ourselves, but we realize that greater is He that is in us than He that is the world. Let the words of my mouth and meditation of my heart be acceptable in Thy sight, O Lord, my strength and my redeemer. Amen. RECOGNITION: Miss Windy Spell, 1991 Miss Fayetteville At this time, Mayor Dawkins recognized Windy Spell, 1991 Miss Fayetteville. He presented flowers and support was given on behalf of the entire City. Presentation of "Best Friend" Award by Friends of the Park A presentation of "Best Friend" Award by Friends of the Parks was given to Steve O'Connor for work in leading the fund-raising drive for the band shelter at Rowan Street Park. Joyce Laughlin, representing the Friends of the Parks boardmembers, made the presentation. 1. Approval of Agenda City Manager John Smith asked to add Item 16.C for discussion of sidewalks on Morganton Road. He also asked to have under Consent Items 2 and 3.K pulled from the Agenda because they have already been taken care of. Mr. Smith also requested executive session for a land acquisition discussion at the end of the meeting. Councilmember Bolton requested to abstain on Item 4.B as in the past because of a conflict of interest. Councilmember Kendrick moved, seconded by Councilmember Torrey, to allow Councilmember Bolton to abstain on Item 4.B. The motion carried unanimously by voice vote. Councilmember McBryde moved to approve the agenda with the amendments, seconded by Councilmember Pillow and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull Item 2.I for discussion. Councilmember Mcbryde moved to approve the consent agenda with the exception of Item 2.I. After a second from Councilmember Bolton, the comment agenda and following items were unanimously approved: A. Approval of minutes of Information Meeting of May 29, 1990. B. Approval of minutes of Budget Workshop of June 11, 1990. C. Approval of minutes of Continuation of Budget Workshop of June 14, 1990. D. Approval of minutes of Information Meeting of September 24, 1990. E. Approval of tax refund in the amount of $82.40 to El Camino Resources, Ltd. For clerical error: 1988 equipment figure billed in 1989 in error. F. Set public hearing for December 17, 1990, to consider an application by HCA Highsmith-Rainey Memorial Hospital for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 12-24, to provide for a charitable institution (Hospitality House) in a P1 ProfessionaL District for an area located at 1220 Walter Reed Road. (P90-115) G. Award of contract for purchase of Sludge Collectors to Envirex, low bidder, in the amount of $56,275. (PWC) Bids received were as follows: Envirex $56,275 NRG, Inc. $57,975 Budd Company $66,180 FMC $75,117 H. Adoption of resolution to acquire right-of-way (Parcel W-11) for Hillsboro Street sidewalk Project. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1990-113. A copy of the Foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. I. (PULLED FOR DISCUSSION) Adoption of ordinances imposing liens on the following properties: 1. Lot 67 Eleanor Street (Owners: John R. Groves "Heirs") AN ORDINANCE IMPOSING A LIEN (ADOPTED 7:20 P.M.). ORDINANCE NO. NS1990-42. 2. 1509 Deep Creek Road (owners: Mr. & Mrs. Curtis Sutton) AN ORDINANCE IMPOSING A LIEN (ADOPTED 7:20 P.M.). ORDINANCE NO. NS1990-43. 3. 311 Bryan Street (Owners: Mr, and Mrs. Norman Savoy and Mr. and Mrs. William Bentley et al.) AN ORDINANCE IMPOSING A LIEN (ADOPTED 7:20 P.M.). ORDINANCE No. NS1990-44. Copies of the foregoing ordinances are on file in the Clerk's office in ordinances Book NS1990. K. Adoption of demolition ordinances on the following properties: 1. 221 Haigh Street (owner: Jacob O. Balogun) AN ORDINANCE TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1990-45. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1990. 2. Lot 26 & 27 at 825 Southern Ave (Owner: Pete & Mary Kinlaw) (PULLED FROM AGENDA) 3. Lots 14 & 15 Teachers Drive (Owner: Julius Davis "Heirs") (PULLED FROM AGENDA) 2I. Consideration of approval of Interlocal Agreement between the City of Fayetteville, Cumberland County and Mid-Carolina Council of Governments for the joint funding of transportation for the nutrition and rural shopping program. Councilmember Kendrick requested more information on this item. City Manager John Smith responded that this is done on am annual basis and is part of the Human Service Transportation to provide transportation through Mid-Carolina Council of Governments and County of Cumberland. The amount of the local match is the amount the City previously provided to the Coordinating Council on Older Adults for transportation services, but it has been a part of this program for the past three years. Mayor Pro-Tem Evans moved to approve the interlocal agreement for the joint funding of transportation as requested, seconded by Councilmember Torrey. Councilmember Kendrick stated he feels that we should not be in a situation where we constantly fund programs that are outside the City Limits of Fayetteville that benefit other municipalities and they don't have to contribute. Councilmember Kendrick stated he feels that Hope Mills and Spring Lake should be actively involved. Councilmember McBryde offered substitution motion to postpone this item until the next regular Council meeting, seconded by Councilmember Bolton. The motion carried 8 to 1 with Councilmember Torrey voting against. 3. Public Hearings: Mayor Dawkins read the policy for the time limit on the public hearings. A. Consideration of the rezoning from R5 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located east of Ramsey Street, north of Byrd Street. (P90-109) This item was presented by Al Mitchell, Assistant City/County Planning Director. He stated that the Planning Board recommends approval with the exception of the 20-foot strip to remain R5 residential district along the southern boundary of the portion of the proposed M2 industrial district tract based on the following: 1. That eventually the subject property will become part of the CBD Loop Right-of-Way; 2. That the request represents a logical extension of the M2 Industrial District zoning Located to the north; and 3. That the 20-foot buffer will protect the residential area located to the south. The public hearing was opened at 7:28 p.m. Recognized in favor was Herb Thorp, 2925 Sky Drive, representing Bobby Allen. He stated they could amend the application to conform to the Planning Board's conditions and would make a 50-foot buffer instead of a 20-foot buffer to protect the residential area located to the south. Mr. Thorp stated that the radio tower is leased at this time and the owner contemplates no other use of the property other than its current use. Appearing in opposition was Neil Yarborough, 1110 Ellerslie Drive, representing approximately 30 people in opposition and submitted petitions with approximately 70 names. Mr. Yarborough stated that the CBD Loop deadheads at Ramsey Street and he does not see how it can logically be rerouted without it crossing this project (indicating the proposed rezoning property on the map). Mr. Yarborough indicated that a lot of money could be saved by the state taxpayers if the city would not make this property more valuable by rezoning it before the land has to be bought in order to complete the CBD Loop project. He asked that Council submit to the concerns of the citizens that have organized and had meetings, signed petitions and have close out tonight against this rezoning. He went on to say that this is not just a matter of extending a parking lot for shopping--this is industrial use which will be heavy concrete trucks creating noise and dust. Mr. Yarborough stated that the people are concerned about the quality of life in their neighborhood and the safety of their children. He suggested that Council enforce the zoning ordinance rather than rezone to make the business in compliance. Also speaking in opposition was Katie Forshee, 1902 Cascade Street. She asked if this rezoning is approved, what protection will be offered to the resole in the area to secure their health. She stated the City had promised years ago to cover a swamp in that area that was causing illnesses. Ms. Forshee also asked what types of businesses would be able to go in that R5 area if it was rezoned. Mayor Dawkins responded that no businesses would be in an R5 zoning. Mr. Thorp was recognized in rebuttal stating that D.R. Allen and Son had been in business on that location for over 35 years and employs over 200 people. They are not a fly-by-night business and are only asking they be afforded the same treatment as other applicants, such as Mr. Cain receiving M2 immediately adjacent to this property. In response to Mr. Yarborough's statement concerning the Property owners making money from this rezoning, Mr. Thorp stated this was only a pipe dream. Mr. Thorp also pointed out that the property along the C3 area to the right of Ramsey Street and between the Allen property and Ramsey Street is owned by the Department of Transportation and D.R. Allen and Son cleaned that area up with the permission of the state. Mr. Thorp addressed the increase of traffic statement by responding there is no way this will happen because the business entrance to the property is on Ramsey Street. There is no way they can get to Byrd Street or the subdivision from their property. Mr. Thorp concluded that they have amended their petition to include the 50-foot buffer along the southern line to give these people the protection they are entitled to. Appearing in rebuttal also, Mr. Yarborough responded to the M2 zoned Cain property that Mr. Thorp referred to by saying that the neighborhood was not sufficiently aware of or organized enough to object to that project and they have to accept that decision. He stated that because one mistake has been made, this does not mean another one has to be made. Mr. Yarborough went on to say they did not know what the future expansion plans are for this business, but they feel enough is enough. He asked Council to consider the effect this rezoning would have on the people and deny the rezoning. Mayor Pro-Tem Evans asked Mr. Yarborough if the appearance is the main concern of the people he represents and if a fence would satisfy them. He responded that it was a consideration but also the traffic and noise of the heavy trucks. They feel they cannot coexist under any format with this intrusion of this industrial business into their neighborhood. Mr. Thorp stated that with the future expansion of the CBD Loop, the business would not be able to get permits to expand. All they want to do is to put additional storage buildings to continue their business as it has always been conducted. There being none further to be heard on the matter, the public hearing was closed at 7:55 p.m. Councilmember Ross stated that she was proud to see the neighborhood turn out and feels this type of rezoning seems to have become a trait in the predominantly black neighborhoods and old neighborhoods. She moved to deny the rezoning request. The motion was seconded by Councilmember Torrey. Councilmember Cheek asked Mr. Mitchell what their land use plan shows for this area. And he responded that it is industrial. Dr. Cheek asked what type of business is there now and Mr. Thorpe responded that it is a concrete block manufacturing company and not cement. Dr. Cheek asked if it is not possible to get a building permit because it in the proposed CBD Loop path. Mr. Mitchell responded they have no prohibition to prevent construction in a proposed Thoroughfare Plan area and it is not a dedicated roadway at this stage. Councilmember Ross stated that the Affordable Housing Committee has targeted this area for houses to be built. Councilmember McBryde offered substitute motion to approve the M2 zoning with a 50-foot buffer on the south side and 20-foot on the north side. The motion was seconded by Councilmember Bolton and failed on a vote of 3 to 6 with Councilmembers Robertson, Pillow, Cheek, Rose, Torrey and Kendrick voting against. A vote was called on the main motion to deny the rezoning and it carried 6 to 3 with Councilmembers McBryde, Bolton, and Evans voting against. Councilmember Cheek stated that if we did have the Conditional Overlay zoning, it would be ideal for this particular case to enable the property to be used in a way that is needed and might be acceptable to the neighbors. She urged the Planning staff to bring this back to Council soon. Dr. Cheek stated if the Conditional Overlay zoning is adopted, she would propose that Council initiate rezoning for conditional use. At this time Mayor Dawkins appointed Councilmember Cheek and Mayor Pro-Tem Evans as co-liaison for the Revitalization Commission of Fayetteville. 3B. Consideration of an application by V.F. Talley for a Special Use Permit as provided for the by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-23, Item (1a) to allow automobile off-street parking for customers and employees in an R6 Residential District for an area located south of McGill Drive, east of Executive Place. (P90-110) This item was presented by Al Mitchell stating that the Planning Board recommends approval with the following additions and conditions for the site plan: 1. That a solid evergreen buffer of red-tip photinias be planted along the north and east sides of the property; 2. That all lighting be directed toward the interior of this site and not illuminate the adjoining residential area; and 3. That it comply with the City Engineer's Street and Drainage plans. The public hearing was opened at 8:20 p.m. and there being none to speak in favor or against the special use permit the public hearing was closed. Councilmember Bolton moved to approve the special use permit with the three conditions as recommended, seconded by Councilmember McBryde. The motion carried 8 to 1 with Councilmember Cheek voting against. 4. PWC Matters: A. Consideration of bid award for renovations at the Eutaw and Morganton Road satellite offices to Richardson Construction, low responsible bidder meeting specifications, in the amount of $19,775. This Item was presented by PWC Manager Tim Wood stating that the lowest bidder did not submit in it prices which is very important to PWC because if the prices had been appropriate, then they would be able to do some of the work in-house and this gentleman does not have a general contractor's license. Therefore, Mr. Wood stated they are recommending the lowest responsible bidder of Richardson Construction Company in the amount of $19,775. The bids were as follows: *Evans Paving and Construction Company $19,500 Richardson Construction $19.775 D.F. Talley and Sons, Inc. $30,900 *Did not meet specifications. Councilmember Kendrick moved to award the contract to the lowest responsible bidder of Richardson Construction as recommended, seconded by Councilmember Bolton and carried unanimously. B. Consideration of adoption of PWC bond order. This item was presented by William H. McBride, Bond Counsel with Hunton and Williams in Raleigh, North Carolina. The following bond order was discussed and its title was read: BOND ORDER AUTHORIZING THE ISSUANCE OF PUBLIC WORKS COMMISSION REVENUE BONDS, SERIES 1990 OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPAL AMOUNT OF APPROXIMATELY $62,390,000 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION AND CONSTRUCTION OF CERTAIN SPECIFIED WATER, SEWER AND ELECTRIC SYSTEM PROJECTS AND REFUNDING OF REVENUE BONDS PREVIOUSLY ISSUED. Mayor Pro-Tem Evans moved to adopt the bond order as recommended. seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Bolton abstaining (with Council's approval). There being no further PWC business, Mr. Wood was excused. 5. Consideration of request to appear before City Council by Mr. Hal Broadfoot. This item was presented by Mr. Hal Broadfoot, representing St. John's Episcopal Church, with an official offer to purchase the Kyle House property from the City in the amount of $250,000 contingent upon certification of the plumbing, heating, air conditioning, electrical and structural sturdiness of the building by an engineer of the church's choice. Said purchase is to include all antique furnishings, memorial donations, and other items not purchased with City funds and intended by the donors for the use in the Kyle House as identified by the Historic and Scenic Sites Committee of the City of Fayetteville. The church will make the premises available for ceremonial functions by the Mayor of Fayetteville on a reasonable basis. Councilmember Bolton moved to refer this item to the staff for negotiations with the church staff and return to the next Council meeting for advertisement. The motion was seconded by Councilmember McBryde and carried unanimously. 6. Presentation by Friends of the Park on a proposed skateboard facility. Mr. Karl Legatski, Chairman of the Friends of the Parks Committee, stated that the Committee is working with the Skaters of Fayetteville group to help raise funds for a public skateboarding facility near the Teen Center. They are suggesting that the City and County each fund 25 percent of the estimated $50,000 cost of this project and the Committee will work with the skaters to raise the other 50 percent. Councilmember Robertson moved to approve this request, seconded by Mayor Pro-Tem Evans. Councilmember McBryde asked City Manager John Smith if the City had the extra money or where the money would come from to fund this $12,500 if it was approved. Mr. Smith responded that there is money in the Parks and Recreation Sponsor Group Fund. Councilmember Cheek offered a substitute motion to refer this item to the City/County Liaison Committee, seconded by Councilmember McBryde and carried 5 to 4 with Councilmembers Evans, Robertson, Pillow, and Ross voting against. 7. Consideration of proposed name change of Savoy Heights Recreation Center to Geraldine Myers Park and Recreation Center. This item was presented by Sandy Saunders, Chairman of the Parks and Recreation Advisory Board. He stated that Mrs. Myers was very active in the formation in the activities of the Savoy Heights area. She encouraged the youth, used her own home and baked cookies among other things to encourage recreation in the Savoy Heights area. A petition with several hundred names was submitted in favor of this renaming. Mr. Saunders stated that the Parks and Recreation Advisory Board recommends approval of renaming the recreation center and the park to Geraldine Myers Park and Recreation Center. Mayor Pro-Tem Evans moved to follow the recommendation to change the name, seconded by Councilmember Pillow. Councilmember McBryde questioned renaming this for a living person since we have turned down renaming bridges and streets for others that were living. Mr. Saunders responded that Parks and Recreation has named centers for living people in the past. Following some discussion, Councilmember Ross moved to set a public hearing, seconded by Councilmember Kendrick. The motion failed 2 to 7 with Councilmembers Evans, McBryde, Robertson, Bolton, Pillow, Torrey, and Cheek voting against. Councilmember McBryde asked Councilmember Ross if she thought the area residents did not want it renamed for Geraldine Myers. Ms. Ross responded that since this is a permanent move, if there is anyone in the neighborhood that did not sign the petition, they would have a chance for input. Ms. Ross stated she was in agreement with the renaming. A vote was called for the main motion and it carried unanimously. 8. Consideration of request to address City Council from Judith L. Wood. Councilmember Cheek stated that Ms. Wood is ill and cannot be at the meeting tonight. Ms. Wood was representing the Hermitage Subdivision off Cliffdale Road asking when the completion date of the water/sewer/street project would be. City Manager John Smith responded that the contractor has had problems and the date has changed from October to the end of the December. Councilmember Cheek requested that notice be sent to the residents to this effect. 9. Consideration of award of contract for Employee Cafeteria Benefits Program. This item was presented by City Manager John Smith, stating that he has met with three of the vendors who made proposals. He stated that the two proposals that should be evaluated are Scoggins and Olde Fayetteville. The evaluation of these two should be based upon the following factors: 1. Products Offered: Both vendors offer comparable products. The question of guaranteed issue has been resolved with Olde Fayetteville. On this factor he rated the two even. 2. Experience: This factor is in Scoggins' favor. We have also taken the extra step of contacting some of Scoggins' clients. 3. Continuing Service: Both Scoggins and Olde Fayetteville can provide excellent annual enrollment services. In between annual enrollment services, Olde Fayetteville, by virtue of their location could provide a higher level of service to newly hired employees between the annual enrollment periods. 4. Administration: Both can provide excellent administrative services and consolidated billing to the City. Councilmember McBryde stated he feels that we should award the contract to the local agency and moved to award to Olde Fayetteville Association, seconded by Councilmember Pillow and carried unanimously. 10. Consideration of revisions to Chapter 20 "Motor Vehicles and Traffic" of the Fayetteville City Code. This item was presented by City Traffic Engineer Louis Chalmers. He presented three ordinances recommended to control the traffic around the new City Hall. These will allow 10 parking spaces on south side Hay Street fronting City Hall for 30 minutes duration; 20 new parking spaces on the west side of Pittman for 2 hours duration; and 66 spaces at the Pittman parking lot (northeast corner of Pittman Street and Franklin) for 2 hours duration. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 13-C, 1/2-HOUR PARKING ZONES). ORDINANCE NO. NS 1990-46. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 13-B, 2-HOUR PARKING ZONES). ORDINANCE NO. NS1990-47. AN ORDINANCE AMENDING SECTION 20-106, MOTOR VEHICLES AND TRAFFIC (TRAFFIC SCHEDULE NO. 3, 2-HOUR PARKING LOTS). ORDINANCE NO. NS 1990-47. Mayor Pro-Tem Evans introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Pillow and carried unanimously. Copies of the foregoing ordinances are on file in the Clerk's office in ordinances Book NS1990. 11. Consideration of award of contract between City of Fayetteville and Jerry Wilson. This item was presented by City Manager John Smith recommending authorization of the Mayor to execute the contract. Councilmember Bolton moved to award the contract to Jerry Wilson. The Remedy Group, not to exceed $30,000, seconded by Councilmember McBryde and carried unanimously. 12. Consideration of resolution directing the City Clerk to investigate the sufficiency of an annexation petition received under G.S. 160A-31 (Alliance Group Property - Ireland Drive near Raeford Road). This item was presented by Assistant City Manager Roger Stancil recommending adoption of the resolution. A RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1990-114. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Bolton and carried 6 to 3 to Councilmembers Kendrick, Torrey, and Ross voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 13. Consideration of a resolution fixing date of public hearing on question of annexation on the following: (Recommended public hearing date is November 19, 1990) A. Mid-South Property - Ramsey Street A RESOLUTION FIXING THE DATE OF PUBLIC HEARING ON QUESTION ON ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION NO. R1990-115. B. Pep Boys Property - 401 By-Pass A RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION ON ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION NO. R1990-116. C. Hall Property - 3904 Cumberland Road A RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION ON ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION NO. R1990-117. Mayor Pro-Tem Evans introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Bolton and carried 6 to 3 with Councilmembers Ross, Torrey, Kendrick voting against. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1990. 14. Report from Policy Committee. A. Consideration of policy on Council committees. This item was presented by Councilmember McBryde, Chairman of the Policy Committee. He moved to adopt the policy on Committee assignments, seconded by Mayor Pro-Tem Evans. Following some discussion, the motion carried 7 to 2 with Councilmembers Ross and Kendrick voting against. B. Consideration of amendment of policy on initial zoning. This item was presented by Councilmember McBryde, Chairman of the Policy Committee, stating that this is an addition of Paragraph 3 which basically allows an initial zoning when we annex property other than what it is already zoned. Councilmember Bolton moved to adopt the amendment as recommended, seconded by Mayor Pro-Tem Evans and carried 8 to 1 with Councilmember Ross voting against. 15. Appointments: A. Nominations to fill one vacancy on the Joint Senior Citizens Advisory commission. There were no nominations. B. Nominations to fill one vacancy on the Human Services Commission. Councilmember McBryde moved to elect by acclamation Ms. Judy Lowe, 2708 Compton Place, Fayetteville, NC 28304, to fill the unexpired term of Curtis Harper to March 1992. The motion carried unanimously. C. Nominations to fill one vacancy on the Personnel Review Board. Mayor Pro-Tem Evans nominated John C. Mitchell. Councilmember Ross had nominated Theodore Papadeas at the last meeting. Mayor Dawkins called for a vote and John C. Mitchell, 1807 Lakeshore Drive, Fayetteville, NC 28305, was elected to serve to December 31, 1991, to fill the unexpired term of Gregory Edge. D. Nominations to fill two vacancies on the Fair Housing Hearing Board. Councilmember Pillow nominated Sylvia X. Allen and Ernest J. Morine for a second two-year term to November 1992. 16. Administrative Reports A. Report on solid waste management City Manager John Smith stated that the Council has adopted the policy concerning the solid waste. Councilmember Cheek requested more briefing to Council before action is taken. Mr. Smith stated this could be put on the agenda for the next information meeting. B. Report on Sanitation holidays City Manager John Smith reported that the proposed holiday schedule would follow two basic guidelines: 1. We will always pick up garbage once per week. If the holiday is on Thursday or Friday (garbage pickup days), either sanitation employees will work on the holiday and receive holiday pay or we will schedule the garbage pickup for that week on Wednesday. 2. If the holiday is on Monday or Tuesday (trash pickup days), Sanitation employees will take the holiday and attempt to cover the City in one collection day. If they cannot pick up everything, we will schedule necessary crews on Wednesday. On any holiday, we will advertise our schedule extensively. On garbage holidays, we will place a notice on every rollout the week before notifying residents that their garbage pickup day will be changed the next week and specifying the day that it will be picked up. C. Discussion of Morganton Road sidewalk. City Manager John Smith apologized for this item being omitted from the agenda and requested that this be referred to staff to be put on the next meeting agenda. Council was in agreement. At this time, the City Attorney requested Council reconsider setting of the agenda due to an item needing to be placed changing the meeting place due to the move to the new City Hall. Councilmember Ross moved to reconsider setting of agenda, seconded by Councilmember Cheek and carried unanimously. D. To change regular and information City Council meeting locations to 433 Hay Street. Councilmember Cheek moved to change the locations as requested, seconded by Councilmember Ross and carried unanimously. At this time Councilmember Bolton moved to enter executive session for property acquisition, seconded by Councilmember McBryde and carried unanimously at 10:08 p.m. Council reconvened into regular session at 10:17 p.m. and there being no further business, the meeting was adjourned. Approved January 22, 1991 REGULAR MEETING NOVEMBER 19, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY MALL COUNCIL CHAMBER 433 MAY STREET MONDAY, NOVEMBER 19, 1990 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Ross (District 2); Joseph Pillow (District 3); Thelbert Torrey (District 4); Suzan Check (District 5); and bark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger 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, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Bob Bennett, City Engineer George Vaughan, City/County Planning Director Tim Wood, PWC Manager Kai Nelson, Finance Director Ronald E. Hansen, Chief of Police Wally McBride, Bond Counsel, Hunton & Williams Members of the Press INVOCATION Mayor Dawkins welcomed everyone to history in the making, this being the first regular Council meeting in the new City Hall at 433 Hay Street. He thanked everyone who made this move possible. Mayor Dawkins then called on Reverend Sandy Saunders for the invocation and it is as follows: "Eternal God our father, we truly are thankful in this thanksgiving season we have so much to be grateful for. We thank you for this great nation of ours. We thank you that we are free people, that we can meet with government and that we can agree and disagree. We thank you for this great city of ours, a city that is watched over by a mayor who loves you. A City Council who worships and praises you, and so tonight, Father, we ask that you give them wisdom in all the decisions that they have to make. Guide and direct them. We also thank you Father for this new City Hall. We are so grateful that it has been provided for us and we thank you for this first night that we can be here during a part of exciting history. Thank you again for all you have done. Now Father be with our men overseas tonight, we would want to remember them. They cannot be in Fayetteville to take part in this celebration, but they are over there that we might have Freedom that we might participate in this great event. We give you all the praise, our father and we thank you for all that you do for it is in Jesus name we pray. Amen." RECOGNITION Councilmember Kendrick requested to wish his niece, Nitza Rothstein, a happy birthday because he is missing her sweet sixteen birthday party. Councilmember Ross requested to recognize Father Alex, a professor at Fayetteville State University, and some students taking a communications class at Fayetteville State University. Mayor Dawkins recognized Representative Bill Hurley in the audience as well as the Mayor's wife, Mary Ann, his son Johnny Lee Dawkins, III, his daughter Dawn Caison, and his grandson, Johnny Lee Dawkins, IV, known as Jay. At this time Police Chief Hansen introduced the Police Department Robot named Officer Blue to be used in schools for safety programs. Officer Blue told about his functions and capabilities. He also sang a song that will be used in his programs with children. Mayor Dawkins administered the oath to make Officer Blue an official police officer. 1. Approval of Agenda City Manager John Smith requested to add Item 4 B which will be a General Obligation bond Order for PWC. He also requested to add to Item 11, to set a special meeting with PWC and County Commissioners for a presentation of County-wide water and sewer study. He suggested date is December 10, 1990. Mr. Smith also requested to pull Item 2 E for discussion. Councilmembers McBryde and Evans requested to be excused from the information meeting on November 26 due to each being out of town. Councilmember Bolton moved to excuse Councilmembers McBryde and Evans from the information meeting on November 26, 1990. The motion was seconded by Councilmember Robertson and carried unanimously. Councilmember Bolton moved to approve the agenda with the requested amendments, seconded by Councilmember Cheek and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick moved to approve the consent agenda with the exception of Item 2 E, pulled for discussion. After a second from Councilmember Torrey, the consent agenda and following items were unanimously approved: A. Adoption of resolution setting public hearing for December 17, 1990, to consider assessments for paving improvements on the following streets: 1. Center Street (from Trade Street to Cul De Sac) 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 CENTER STREET (FROM TRADE STREET TO CUL DE SAC). RESOLUTION NO. R1990-118. 2. Chase Street (from Gillespie Street to Blount Street) 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 CHASE STREET (FROM GILLESPIE STREET TO BLOUNT STREET). RESOLUTION NO. R1990-119. 3. Olive Road (from existing Pavement to Sherwood Drive) 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 OLIVE ROAD (FROM EXISTING PAVEMENT TO SHERWOOD DRIVE). RESOLUTION NO. R1990-120. 4. May Street (from Trade Street to Powell Street) 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 MAY STREET (FROM TRADE STREET TO POWELL STREET). RESOLUTION NO. R1990-121. 5. May Street (from Powell Street to Reeves Street) 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 MAY STREET (FROM POWELL STREET TO REEVES STREET). RESOLUTION NO. R1990-122. 6. Community Drive (from Cedar Creek Road 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 FOR PAVING OF COMMUNITY DRIVE (FROM CEDAR CREEK ROAD TO DEAD END). RESOLUTION NO. R1990-123. B. Approval of proposed agreement with Norfolk-Southern Railroad for underground wire line crossing of tracts at Russell Street, west side of Ray Avenue. RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SOUTHERN RAILWAY COMPANY FOR AN UNDERGRADE WIRE LINE 490 FEET NORTH OF MILE POST VP-43, FAYETTEVILLE, NC. RESOLUTION R1990-124. C. Adoption of resolution approving exchange/purchase of Police weapons and adoption of Budget Ordinance Amendment 91-6. RESOLUTION AUTHORIZING THE EXCHANGE OF WEAPONS. RESOLUTION NO. R1990-125. D. Approval of Certificate of Resolutions and Incumbency for Lease-Purchase Agreements. WHEREAS, the City has entered or is entering into an Equipment Lease/Purchase Agreement dated ________________, __________, and a Proposal dated ________________, 19 ___, with First Citizens Bank & Trust Company; NOW, THEREFORE, be it RESOLVED that the Proposal, is hereby approved and that the action of the official or officials of the City in signing the Agreement on behalf of it be, and is hereby, ratified, confirmed and approved; and be it further RESOLVED, that an official of the City be, and is hereby, authorized, empowered and directed to sign on its behalf the Agreement and any addenda, schedules, notes, UCC financing statements or other instruments issued under the provisions of the Agreement and any other instrument or document which may be necessary or expedient in connection with agreement upon or fulfillment of the provisions of the Agreement. RESOLVED, the individual(s) name(s) below are the duly elected or appointed officers of the City holding the offices set forth opposite their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures; (ii) such officers have the authority on behalf of the City to enter into all documentation connected with the Equipment Lease/Purchase Agreement; and (iii) such officers have the authority on behalf of such entity to designate said Contract as a non-qualified tax-exempt obligation for the purpose of Section 265(b)(3) of the Internal Revenue Code of 1986. NAME TITLE John P. Smith City Manager Assistant City Manager for John B. Brown, Jr. Administration and Finance Kai Nelson Finance Director Signed and sealed by Bobbie A. Joyner, City Clerk E. (PULLED FOR DISCUSSION) F. Set public hearing for December 17, 1990, to consider sufficiency of taxicab franchises within the City of Fayetteville. G. Set public hearing for December 17, 1990, to consider amendments and revising to the City of Fayetteville Code of Ordinances, by amending Chapter 32, Article IV "District Use Regulations," Section 29 "C1P Shopping Center District" by creating item (3) to allow automobile repair, to include body repair, as an accessory use to a new automobile dealer, provided that such use shall be conducted in a permanently enclosed structure. (P90-116) The foregoing resolutions are on file in the City Clerk's office In Resolutions Book R1990. H. Approval of Lease Agreement between City of Fayetteville and bounty of Cumberland for DSS parking. City Manager John Smith requested to add a wording to the lease under Item 10 in the second line following the comma, "or shall fail to comply with any other provisions of this lease." Mayor Pro-Tem Evans moved to approve the lease agreement with the additional wording, seconded by Councilmember Pillow and carried unanimously. 3. Public Hearings: Mayor Dawkins read the policy concerning public hearing time limit. Planning Director George Vaughan requested a postponement of items 3 F, H, I, and J, to January 7, 1991, due to an error in the legal add. The people who signed up on Items H and I would not have to sign again at the January 7, 1991, meeting. Councilmember McBryde moved to continue Items 3 F, H, I, and J, to January 7, 1991, as requested, seconded by Councilmember Torrey and carried unanimously. A. Consideration of a new street name for the public right-of-way currently known as "Sycamore Dairy", located east of U.S. 401 Bypass Skibo Road, south of N.C. Hwy. 24 Bragg Boulevard, running eastward from the margin of Skibo Road approximately 1000 feet to the intersection of Sycamore Dairy Road, be renamed to Legend Avenue. This item was presented by Planning Director George Vaughan recommending the adoption of the ordinance. The public hearing was advertised for this date and hour. Mayor Dawkins opened the public hearing at 7:30 p.m. and there being none to speak in favor or against this item, the public hearing was closed. AN ORDINANCE CHANGING SYCAMORE DAIRY NAME TO LEGEND AVENUE. ORDINANCE NO. NS1990-49. Councilmember McBryde 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 City Clerk's office in Ordinances Book NS1990. B. Consideration of a new street name for the public right-of-way currently known as "North King Street" located east of Hwy. 301 Eastern Boulevard, from the northern margin of Person Street to the southern margin of Beal Street, west of Racepath Street, be renamed to Pepsi Lane. This item was presented by Planning Director George Vaughan recommending the adoption of the ordinance. The public hearing was advertised for this date and hour. Mayor Dawkins opened the public hearing at 7:30 p.m. and there being none to speak in favor or against this item, the public hearing was closed. AN ORDINANCE CHANGING NORTH KING STREET NAME TO PEPSI LANE. ORDINANCE NO. NS1990-50. Councilmember McBryde 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 City Clerk's office in Ordinances Book NS1990. C. Consideration of a new street name for the public right-of-way currently known as "London Road," located west of U.S. 401 North Raleigh Road, south of Heather Ridge Drive and east of Coronation Drive, be renamed to Girard Avenue. This item was presented by Planning Director George Vaughan recommending the adoption of the ordinance. The public hearing was advertised for this date and hour. Mayor Dawkins opened the public hearing at 7:30 p.m. and there being none to speak in favor or against this item, the public hearing was closed. AN ORDINANCE CHANGING LONDON ROAD NAME TO GIRARD AVENUE. ORDINANCE NO. NS1990-51. Councilmember McBryde 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 City Clerk's office in Ordinances Book NS1990. D. Consideration of a new street name for the public right-of-way currently known as "McArthur Street," located east of North Street, north of Tillinghast Street, running east of Eufaula Street, be renamed to Irene Avenue. This item was presented by Planning Director George Vaughan recommending the adoption of the ordinance. The public hearing was advertised for this date and hour. Mayor Dawkins opened the public hearing at 7:30 p.m. and there being none to speak in favor or against this item, the public hearing was closed. AN ORDINANCE CHANGING MCARTHUR STREET NAME TO IRENE AVENUE. ORDINANCE NO. NS1990-52. Councilmember McBryde 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 City Clerk's office in Ordinances Book NS1990. E. Consideration of a new street name for the private street right-of-way currently known as "Downing Street," located east of old Wilmington Road, west of U.S. 301 Eastern Boulevard, north of Campbell Terrace, south of Scarborough Street, be renamed to Carbonton Street. This item was presented by Planning Director George Vaughan recommending the adoption of the ordinance. The public hearing was advertised for this date and hour. Mayor Dawkins opened the public hearing at 7:30 p.m. and there being none to speak in favor or against this item, the public hearing was closed. AN ORDINANCE CHANGING DOWNING STREET NAME TO CARBONTON STREET. ORDINANCE NO. NS1990-53. Councilmember McBryde 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 City Clerk's office in Ordinances Book NS1990. F. Consideration of a new street name for the public right-of-way currently known as "Progress Street Extension," located east of Southern Avenue, from the northern margin of West Jenkins Street to the southern margin of Dallas Street, he renamed to Jumalon Street. This item was postponed to January 7, 1991. G. Consideration of a new street name for the public right-of-way currently known as "Bragg Street," located north of N.C. Highway 24 Bragg Boulevard, east of Winston Avenue and west of Pearl Street, be renamed to Havilah Road. This item was presented by Planning Director George Vaughan recommending the adoption of the ordinance. The public hearing was advertised for this date and hour. Mayor Dawkins opened the public hearing at 7:30 p.m. and there being none to speak in favor or against this item, the public hearing was closed. Councilmember Cheek asked Mr. Vaughan if this name is suitable to the residents who had objected to the previous name and he responded that it was. AN ORDINANCE CHANGING BRAGG STREET NAME TO HAVILAH ROAD. ORDINANCE NO. NS1990-54. Councilmember McBryde 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 City Clerk's office in Ordinances Book NS1990. H. Consideration of a new street name for the public right-of-way currently known as "Morgan Lane," located north of Fort Bragg Road, running from the eastern margin of Park Street westwardly for approximately 600 feet, be renamed to Clement Lane. This item was postponed to January 7, 1991. I. Consideration of a new street name for the public right-of-way currently known am "West Orange Street," running from the intersection of Orange Street and east Orange Street northward to a point approximately 150 feet north of the Intersection of Wiley Street, be renamed to Genesia Street. This item was postponed to January 7, 1991. J. Consideration of a new street name for the public right-of-way currently known as "Sessoms Drive", located south of the intersection of SR 1838 Dunn Road and North Plymouth Street running eastwardly from its intersection with the eastern margin of Dunn Road to the southern end of Farrell Avenue, be renamed to Toggel Avenue. This item was postponed to January 7, 1991. K. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (pursuant to G.S. 160A-31, as amended) (Mid-South Property - Ramsey street) Assistant City Manager for Operations Roger Stancil presented the annexation report for the petitioned annexation. This public hearing was advertised for this date and hour. The public hearing was opened at 7:33 p.m. Appearing in favor was Mr. Stacy Weaver, representing the petitioners stating that there will be a new three-story brick building with more parking than is called for and beautifully landscaped. There being none to speak in opposition, the public hearing was closed at 7:36 p.m. Councilmember Ross asked where the site is located and Mayor Dawkins responded that it was across from the Northwood Temple. Councilmember Kendrick asked when the general annexation report cleaning up the boundary lines would be presented to Council. Mr. Smith responded that it would probably be no later than the December 17, 1990 meeting. Mr. Kendrick also asked if Oakland is in the City and Councilmember Bolton responded that it was because it is in his district. Mr. Kendrick stated that he feels all annexations should be held up until this report has been presented. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ANNEXATION ORDINANCE NO. 90-11-336. Councilmember Cheek introduced the foregoing annexation ordinance and moved its adoption seconded by Mayor Pro-Tem Evans and carried 7 to 2 with Councilmembers Torrey and Kendrick voting against. A copy of the foregoing annexation ordinance is on file in the City Clerk's office in Annexation Ordinances Book. L. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (pursuant to G.S. 160A-31, as amended) (Pep Boys Property - 401 By-Pass) Assistant City Manager for Operations Roger Stancil presented this petitioned annexation report. This is the advertised public hearing. Councilmember Bolton asked why CP&L is being used instead of PWC. PWC Manager Tim Wood responded that the customer had a choice and they chose CP&L. The public hearing was opened at 7:42 p.m. and speaking in favor was J.M. Kizer, Jr., engineer for the site work. He stated that Pep Boys is a Philadelphia based company with many stores throughout the country. The nearest location is Charlotte and they have four stores in Charlotte. Mr. Kizer stated the reason CP&L was used is because they already had the right-of-way and the lines through the property. There was none to speak in opposition and there being none further to be beard on this matter, the public hearing was closed at 7:45 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ANNEXATION ORDINANCE NO. 90-11-337. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Torrey and Ross voting against. A copy of the foregoing annexation ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1990. M. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (pursuant to G.S. 160A-31, as amended) (Hall Property - 3904 Cumberland Road) Assistant City Manager for Operations Roger Stancil presented the petition annexation report. This is the advertised public hearing. The public hearing was opened at 7:47 p.m. and there being none to speak favor or against this item, the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ANNEXATION ORDINANCE NO. 90-11-338. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Ross and Torrey voting against. A copy of the foregoing annexation ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1990. 4. PWC Matters: A. Consideration of award of contract for purchase of communications equipment to Motorola Communications and Electronics, Inc., sole bidder. This item was presented by PWC Manager Tim Wood stating that the reason this was a single bid is because Motorola is the only supplier. He noted that the prices have come down in the past couple of years. Mayor Pro-Tem Evans moved to follow the recommendation and award the contract to Motorola Communications and Electronics, Inc., in the amount of $76,445. Councilmember Kendrick seconded the motion and it carried unanimously. B. Consideration of adoption of resolution for bond order for PWC. This item was presented by Wally McBride, Bond Counsel with Hunton & Williams. The following resolution was discussed and its title was read: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $15,000,000 GENERAL OBLIGATION BONDS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, PURSUANT TO A BOND ORDER HERETOFORE APPROVED AND PROVIDING FOR THE FORM, DETAILS, AND PAYMENT THEREOF. RESOLUTION NO. R1990-126. Councilmember Cheek introduced the foregoing resolution and moved its adoption, seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing resolution is on file in the City Clerk's office in Resolutions Book R1990. 5. Consideration of request for acceptance of streets in Homewood Subdivision. This item was presented by City Manager John Smith stating that when the Homewood subdivision was annexed, the street had not been accepted by NCDOT. There is a difference in NCDOT and City standards, mainly with curbs and gutters. Following discussion, Mayor Pro-Tem Evans moved to accept the streets when they are brought up to City standards. The motion died for a lack of a second. Councilmember McBryde moved to refer this item to Council's streets and Roads Committee, seconded by Councilmember Bolton and carried unanimously. 6. Consideration of approval of joint purchases between the City of Fayetteville and Town of Spring Lake. This item was presented by City Manager John Smith stating that this is a joint purchase with the Town of Spring Lake and recommended awarding of lease/purchase contract to North State Ford Truck Center, Inc., being the lowest responsible bidder meeting specifications. The City of Fayetteville's amount would be $139,491. The bids received were as follows: Bennett's White GMC Trucks $181,732.00 *North State Ford Truck Center, Inc. $185,988.00 Patrick Ford, Inc. $192,052.00 Lafayette Ford $195,952.00 Triple "T" Parts & Equipment Co., Inc. $201,200.00 Smith International Truck Center, Inc. $216,297.72 Peterbilt of Dunn, Inc. $242,540.00 Councilmember Robertson moved to award the lease/purchase contract as recommended, seconded by Councilmember Kendrick and carried unanimously. 7. Consideration of offer of property in lieu of back taxes by Eutaw Shopping Center. This item was presented by City Manager John Smith stating that Council had previously accepted the offer of property by Eutaw Shopping Center free and clear of back taxes, however the property owners are requesting that the City accept the property in lieu of taxes. Mr. Smith recommended that Council rescind their previous action and not accept the property. Councilmember McBryde moved to rescind previous action of February 20 to approve the offer and to deny the offer of the property, seconded by Councilmember Pillow and carried unanimously. 8. Consideration of sale of Kyle House. City Manager John Smith presented this item recommending advertisement of the offer from St. John's Church once the conditions are met as presented in the agenda packet. This could be placed on the information meeting agenda for action. Councilmember Bolton moved to authorize advertisement as recommended, and place the item on the information meeting agenda for November. The motion was seconded by Councilmember Kendrick and carried unanimously. 9. Consideration of approval of Morganton Road sidewalk project. This item was presented by City Manager John Smith with a recommendation that a sidewalk be placed on the south side of Morganton Road, to begin first phase between Cliffdale Road and McPherson Church Road. Following lengthy discussion and suggestions on exact locations of the sidewalk by Councilmembers, Mayor Pro-Tem Evans moved to begin sidewalks at Pinecrest Drive on south side and go one mile towards Fayetteville Academy. The motion was seconded by Councilmember Pillow. Councilmember Bolton offered substitute motion to refer this item to staff for dollar amounts to go as far as possible on the south side with the sidewalk. The motion was seconded by Councilmember Ross. Following some discussion, Councilmembers Bolton and Ross withdrew the substitute motion. Councilmember Kendrick offered substitute notion for the Engineering Department to do a study on both sides of Morganton Road and give cost figures update at the December 17, 1990, meeting and Council set a public hearing. The motion was seconded by Councilmember Torrey and carried 6 to 3 with Councilmembers Evans, Robertson, and Pillow voting against. 10. Consideration of ordinance regulating Amtrak Parking Lot. City Manager John Smith stated this item will not require an ordinance but will be handled as a lease of parking spaces to City employees by putting names on curbing in order to enforce towing. No action was taken. 11. Consideration of cancellation of December 3, 1990, City Council meeting. Mayor Pro-Tem Evans moved to cancel the City Council meeting of December 3, 1990. The motion was seconded by Councilmember Kendrick and carried unanimously. A. Set special meeting jointly with City/Cumberland County/Public Works Commission for December 10, 1990. City Manager John Smith stated that PWC had requested a joint meeting to make a presentation of the County-wide Water and Sewer Study. Councilmember McBryde moved to set the joint meeting as requested, seconded by Councilmember Bolton and carried unanimously. 12. Appointments: A. Nominations to fill one vacancy on Joint Senior Citizens Advisory Commission. There were no nominations. B. Nominations to fill two vacancies on Fair Housing Hearing Board. At the last Council meeting Councilmember Pillow nominated Sylvia X. Allen and Ernest J. Morine to serve a second two-year term to November 1992. Councilmember McBryde moved to elect both by acclamation and the motion carried unanimously. 13. Administrative Reports: A. Statement of taxes collected for the month of October, 1990, from the Cumberland County Tax Collector. City Manager Smith presented the statement of taxes report showing $1,661,888.10 collected for the month of October 1990. B. Discussion of City Council Planning Session Mr. Smith reported that the Institute of Government had requested to send a facilitator for a one-day retreat with Council in January. He suggested that Council hold this retreat a few weeks before the goal setting session. Mr. Smith stated he would be able to give Council a date at their information meeting. At this time Councilmember Ross stated there seemed to be some problems with the leaves being picked up and asked what could be done. Mr. Smith responded that they have crews hired to do just picking up of leaves on Mondays and Tuesdays. Councilmember Cheek referred to information submitted in the agenda packet concerning the Cain Road Dam and was pleased that at least two lanes would be open on Cain Road the week before Christmas. There being no further business, the meeting was adjourned at 9:20 p.m. upon motion and second. Approved February 4, 1991 INFORMATION MEETING MONDAY, NOVEMBER 26, 1990 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, NOVEMBER 26, 1990 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Nat Robertson, Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, Suzan Cheek, and Mark Kendrick Absent: Councilmembers Milo McBryde and Mildred Evans Mayor Dawkins called the meeting to order and recognized the Reverend John Robinson, Assistant Chaplain at the Veterans Administration Medical Center, for the invocation. After the invocation, Brandon Wills from Pack 957 of the Occoneechee Council led in the Pledge of Allegiance to the American Flag. Upon motion by Councilmember Ross, seconded by Councilmember Bolton, the Council voted unanimously to approve the agenda. The first item on the agenda was an appearance by Alexander Evans regarding a PWC bid award. Mayor Dawkins first asked PWC staff to explain the project. Mr. James Rose, Director of Support Services for PWC, explained the building construction project as improvements to the Morganton Road and Eutaw branch offices. The project was bid in October of 1990, recommended by the Public Works Commission, and awarded by City Council. Mr. Evans was the apparent low bidder but did not meet two items in the bid specifications: detail prices by activity and possession of an appropriate license (his license was for highway construction not building construction). City Attorney Bob Cogswell stated that he felt comfortable that Mr. Evans had not met the bid specifications. The next item for consideration was the bid award for PWC rights-of-way maintenance to Jambbass Construction Company, low bidder. Tim Wood presented this Item for the Public Works Commission. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, Council voted unanimously to award the bid to Jambbass Construction Company. City Manager John Smith then presented the offer by St. John's Episcopal Church to purchase the Kyle House and recommended advertising their offer for upset bid in accordance with state statute. Upon motion by Councilmember Bolton, seconded by Councilmember Torrey, Council voted unanimously to authorize the advertisement. John Hewitt representing Peat Marwick, our external auditors, presented the audit report for fiscal year ending June 30, 1990. Mr. Hewitt stated that the audit came with an unqualified opinion. He also stated that the City has successfully increased its fund balance from $2 million to $4.4 million from the last audit. Upon motion by Councilmember Pillow, seconded by Councilmember Ross, Council voted unanimously to receive the audit report. Council next heard from Steve McLaurin representing McLaurin Parking who presented the downtown parking study. Mr. McLaurin had been contracted by the City to conduct this study. Upon motion by Councilmember Bolton, seconded by Councilmember Cheek, Council voted unanimously to refer this item to the next meeting of the City/County Liaison Committee. They also authorized the City Manager to discuss with Mr. McLaurin ways that the City and McLaurin Parking could work together to implement the findings of the study. Jim Martin representing the Public Works Commission then introduced a presentation on street lighting standards adopted by the Public Works Commission on August 23, 1990. Sam Stryker, Chief Electrical Engineer for the Public Works Commission, reviewed the specifics of the standards. Public Works Commission Manager Tim Wood indicated that the Commission staff will work closely with the City in determining problem areas. He also stated that funds have been included in the PWC budget for street lighting improvements. Bruce Daws, Communications Director, then presented an update on the operations of the City's Communications Department including emergency management, enhanced 9-1-1, and development of an administrative radio system using the 800 system already purchased by the Public Works Commission. Jimmy Teal, Administrative Assistant to the City Manager, then presented an update on the implementation of Senate Bill 111 regarding solid waste management inside the City of Fayetteville. Mr. Teal presented the preliminary plans of staff to recommend that the City delay implementation of a curb side residential recycling project and focus initially on yard waste recycling and cardboard recycling along with the implementation of pickup points for recyclables throughout the City. The next item for consideration was a presentation of an update on a revenue report. Upon motion by Councilmember Robertson, seconded by Councilmember Cheek, Council voted unanimously to refer this item to a future agenda. Upon motion by Councilmember Bolton, seconded by Councilmember Robertson, Council voted unanimously at 9:55 p.m. to convene into executive session for the purpose of discussing litigation. Upon returning into regular session at 10:05 p.m., Councilmember Bolton moved that the City follow the recommendation of the City Attorney and authorize representation of Sergeant Linwood McNair in the case of Collins versus McNair, Case No. 89-60-CRT-D in federal district court by James R. Nance, Jr., at a rate not to exceed $100 per hour. Motion was seconded by Councilmember Robertson and carried unanimously. Upon motion by Councilmember Pillow, seconded by Councilmember Robertson, Council voted unanimously to adjourn. Approved December 17, 1991 SPECIAL MEETING DECEMBER 10, 1990 JOINTLY WITH CITY COUNCIL CUMBERLAND COUNTY BOARD OF COMMISSIONERS DECEMBER 10, 1990, 7:00 PM SPECIAL MEETING PRESENT: Chairman Rollin Shaw V. Ch. Billy R. King Commissioner Thomas Bacote Commissioner Johnnie Evans Commissioner Ralph Barber Commissioner Sherrell Riddle Commissioner Juanita Gonzalez Cliff Strassenburg, Co. Mgr. Juanita Pilgrim, Asst. Co. Mgr. Cliff Spiller, Asst. Co. Mgr. G.B. Johnson, County Attorney Marsha Fogle, Clerk to the Board Members, Fayetteville City Council and Staff Members, PWC Board & Staff This Special Meeting was called to review the Proposed County-Wide Water-Sever Plan with the Fayetteville City Council and the Public Works Commission. Mrs. Shaw, Chairman of the Board of County Commissioners, called the meeting to order and asked Mr. Strassenburg to introduce the representative from Wilbur Smith Associates, who prepared the plan. Mr. Strassenburg introduced Mr. Wendell Snapp who reviewed the Plan. Mr. Snapp stated the biggest change in the plan since it was prepared in 1970 is the cost from fifty-eight million in 1970 to one hundred thirty million in 1990. This cost does not include the expansion of the wastewater treatment plants. (Approximate Cost: 16 million dollars). Mr. Snapp stated that the population served by septic tanks has grown from 111,143 in 1970 to 188,600 in 1990, a 70% increase; and most of these tank installations are in densely populated areas on soils that are not conducive to good septic tank operation. Mr. Snapp noted the following concepts used in the formulation of the Plan: 1. the City of Fayetteville and PWC will be the lead water & sewer operating agency in the Fayetteville Area, together with the Towns of Hope Mills and Spring Lake; 2. the incorporated towns in the County will be the lead operating agency in their respective areas using their powers to contract with PWC and other jurisdictions for facilities; 3. PWC, other municipalities and private utilities are capable of providing water supply needs in the County;' 4. the County's major role will be to act as the interim financing agent, using the powers granted within present enabling legislation Mr. Snapp told the Board there are fewer than 70 private water companies operating in the County serving approximately 48,000 people and that the quality and quantity of water was not good. Mr. Snapp told the public bodies that the County has the authority to create and operate a public enterprise for the purpose of providing water and sever facilities and services. To finance this venture the County may levy taxes, borrow money, appropriate other revenues and accept and administer gifts and grants from any source. "The best way for the county to finance this project is through general obligation bonds, which will require a vote of the people." The county would recoup those monies through the assessment method. The basis of the assessment could be per lot, front footage or acreage, but would be borne by those benefitted by the sever/water extensions. The assessments could be paid back over a ten year period. Mr. Snapp said the next step would be localize and adopt the basic concepts of the project. Mr. Cliff Strassenburg, County Manager, suggested we refer this matter to the City-County Liaison Committee, which is our intergovernmental committee that discusses and brings recommendations back to the respective Boards on matters of mutual concern. A suggestion was made that PWC and the Homebuilders be involved in the process and that perhaps the next Liaison meeting be held at night with notice given to the public of the meeting. The following notions were offered: MOTION: City Councilman Thelbert Torrey offered a motion to refer this matter to the Liaison Committee for study and recommendations. SECOND: City Councilwoman Ida Ross VOTE: UNANIMOUS MOTION: Commissioner Johnnie Evans offered a motion to refer this matter to the Liaison Committee for study and recommendations. SECOND: Commissioner Billy King VOTE: UNANIMOUS MEETING ADJOURNED: 8:20 PM REGULAR MEETING MONDAY, DECEMBER 17, 1990 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER 433 HAY STREET MONDAY, DECEMBER 17, 1990 7:00 P.M Present: Mayor J.L. Dawkins Councilmembers Mildred Evans (at-large); Nat Robertson, Jr. (at-large); Milo McBryde (at-large); Tommy Bolton (District 1); Ida Rose (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 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, Administrative Assistant to the City Manager Jason Brady, Public Information Officer Bob Bennett, City Engineer Tom Lloyd, Planner III Jerome Brown, Transit Director Robert Barefoot, Parks and Recreation Director Rosalie Kelly, Chairman, Historic and Scenic Sites Committee Ron Wilson, Chairman, Historic Resources Commission John M. Tyson, Citizen Beulah Wallace, Citizen Members of the Press INVOCATION Mayor Dawkins welcomed everyone and wished them a merry Christmas and happy new year. The invocation was offered by Dougald W. McLaurin, Jr., Pastor, Massey Hill Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins offered sympathy to City Attorney Bob Cogswell for the loss of his father-in-law Ben Walton who passed away December 11. A Certificate of Appreciation for superior performance and being the number one high school football team in the state was presented to the Coaches and team members of E.E. Smith Golden Bulls. One of the members, Junior Smith, was recognized as being the second leading rusher of all times of North Carolina high school football. 1. Approval of Agenda City Manager John Smith requested to add Item 2 R, cancellation of the information meeting because of it being Christmas Eve and to pull Item 2 J from consent for discussion. City Attorney Bob Cogswell requested to add Item 19 E for settlement of Yarborough property condemnation at Raeford Road and Purdue Drive. Also to add Item 19 F for extension of agreement with Village Drive properties. Councilmember Pillow moved to approve the agenda with the changes, seconded by Councilmember Robertson and carried unanimously by voice vote. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember McBryde moved to approve the consent agenda with the exception of Item 2 J. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved: A. Approval of minutes of Regular Meeting of October 1, 1990. B. Approval of minutes of Regular Meeting of October 15, 1990. C. Approval of minutes of Information Meeting of November 26, 1990. D. Approval of minutes of Special Joint Meeting of Fayetteville City Council, Cumberland County Commissioners, and Public Works Commission held on December 10, 1990. E. Approval of Tax Refunds. 1. Tax refund in the amount of $73.61 to Animal Fair, charged with wrong values. 2. Tax refund in the amount of $42.26 to George W. Breece, value of 1989 Mercedes 300E too high. 3. Tax refund in the amount of $71.67 to Cumberland Carpets, correct tax district to Bonnie Doone. 4. Tax refund in the amount of $29.78 to Oscar E. Davis, listed 1984 Olds by mistake. 5. Tax refund in the amount of $519.25 to Ferguson Enterprises, charged with wrong value. 6. Tax refund in the amount of $54.22 to Henry Godwin, Jr., adjust value on 1988 Nissan. 7. Tax refund in the amount of $579.06 to Phyllis Hemingway, correct zoning to R10. 8. Tax refund in the amount of $48.80 to Intraoptics, Inc., charged with wrong value. 9. Tax refund in the amount of $57.11 to Thomas Harvey Moore, boat, motor and trailer listed by mistake. 10. Tax refund in the amount of $41.53 to D.L. Peterson Trust, 1986 Ford Van listed by mistake. 11. Tax refund in the amount of $61.06 to Smitty's Cleaners, listed 1986 Chevy Van by mistake. 12. Tax refund in the amount of $65.90 to Unfinished Furniture World, charged with the wrong values. 13. Tax refund in the amount of $47.44 to Eric D. Valentine, 1989 Ford listed by mistake. 14. Tax refund in the amount of $54.96 to Carlos L. Walker, Jr., billed in wrong tax district. 15. Tax refund in the amount of $70.11 to Charles Washington, military non-resident. F. Approval 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 South Plymouth Street, south of Sapona Road. (P90-117) G. Set public hearing for January 7, 1990, to consider an application by Carolyn R. Parker for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, to operate a convalescent home in an R5 Residential District for an area located at 334 Moore Street. (P90-123) H. Award of contract for purchase of van with lift device to Baker Equipment and Engineering Company, Inc., in the amount of $33,820.00. Bids received were as follows: Baker Equipment Engineering Co. $33,820.00 Simpson Equipment Corp. 34,164.99 MAP Enterprises, Inc. 35,543.00 I. Adoption of resolutions to acquire right-of-way for the following: 1. Hillsboro Street Sidewalk Project, Parcel W-10 RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1990-127. 2. Owen Drive Widening Project, Parcel W-9 RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1990-128. J. (PULLED FOR DISCUSSION) K. Adoption of resolution amending various preambles to Assessment Rolls. RESOLUTION AMENDING RESOLUTIONS NO. R1990-118 THROUGH R1990-123. RESOLUTION NO. R1990-129. L. Adoption of resolution authorizing delivery of weapons to the Fayetteville Police Department. RESOLUTION AUTHORIZING THE EXCHANGE OF WEAPONS. RESOLUTION NO. R1990-130. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1990. M. Cancellation of public hearings on Morgan Lane and West Orange Street scheduled for January 7, 1991. N. Approval of bid award for purchase of one rubber tire Payloader with 144 HP diesel engine, manual transmission (for water/sewer Construction Department) to North Carolina Equipment Company, low bidder in the amount of $63,313.00. (PWC) Bids received are as follows: *North Carolina Equipment Co. $63,313.00 Case Power Equipment Co. 72,603.00 Coble Cranes & Equipment 78,300.00 R.W. Moore Equipment Co. 80,975.00 Spartan Equipment Co. 82,140.00 O. Approval of 1990 Revenue Bond Projects Budget, Capital Project Fund. (PWC) P. Award of contract for purchase of Polymer to Allied Colloids, low bidder. (PWC) Bids received were as follows: Total Cost To Dewater 3,000 Tons of Waste Activated Sludge Allied Colloids Suffolk, VA $19,314.00 Stockhausen, Inc. Greensboro, NC 28,800.00 Polypure, Inc. Parsippany, NJ 42,120.00 Q. Approval of the following Finance matters: 1. Capital Project Ordinance Amendment 91-6. This recognizes receipt by the City of six disbursements of Federal Drug Forfeiture Funds for a total of $97,606.00. These funds are disbursed with stipulations to the Police Department. 2. Capital Project Ordinance Amendment 91-7. This documents HUD authorization to increase funding for the FY 89 Rental Rehabilitation Program in the amount of $68,000.00. This increases the result of surplus rental rehabilitation funds at the Federal level. 3. Budget Ordinance Amendment 91-7. To appropriate funds for the following items: (1) appropriate $1,880.00 in donations to purchase supplies for the Police Department's Dare Program; (2) appropriate $900.00 received from the sale of advertisements placed in the Minority Business Directory - $392.00 to be used to pay printing charges for the Directory and the remaining $508.00 to be placed in the Martin Luther King, Jr., Scholarship Program. 2J. Set public nearing for January 7, 1991, to consider contract amendments with Brown-Loving Company. City Manager John Smith clarified that this contract calls for construction site improvements to be made out of Community Development Block Grant Funds as opposed to construction loan and sale of the property that would be added to that. He recommended setting the public hearing. Councilmember Cheek asked for a briefing to be given at the public hearing and moved to set the public hearing for January 7 as recommended, seconded by Councilmember Pillow and carried unanimously by voice vote. 3. Public Hearings: The Mayor read the policy on the time limit for public hearings. A. Consideration of adoption of resolution confirming assessment rolls and levying assessments for paving improvements on the following streets: City Attorney Bob Cogswell presented this item and reviewed the assessment paying policy and stated that some of the paving items fell under the $4 per foot and some under the $10 per foot assessments because of the time of initiation of paving projects. 1. Center Street (from Trade Street to Cul De Sac) This public hearing was published for this date and hour and the City Attorney certified that all property owners on the assessment roll had been notified by first-class mail. The public hearing was opened at 7:20 p.m. and there was none to speak in favor of this project. Recognized in opposition was Mr. Norman Hawley, 3303 Boone Trail, for his mother-in-law Mrs. J. N. (Nannie) Cooper, 14 Center Street. He stated that she is 90 years old and cannot understand why she has to pay. She feels she has been mistreated and has already given up 10 feet of her property for an easement and now they want her to pay for paving on the back corner. Also, that she will not benefit from this paving because the cul-de-sac is 150 feet back from her house and the street beside her was closed. She does not own a car. City Attorney Bob Cogswell stated that the practice in the past has been to obtain an appraisal to see if the property has been benefited by the improvement before Council makes that decision. Mayor Pro-Tem Evans moved to delay action on assessments under Item 3 A to the next meeting until an appraisal has been made on this lot. The motion was seconded by Councilmember Robertson. City Manager John Smith advised Council that it has been their prior practice on these matters to place the burden on the property owner to show that the improvement has not benefited the property. The assumption is that if we improve a street adjacent to a piece of property, while that may not benefit that particular property owner, it certainly does benefit the value of the property. That is the basic theory of the assessment. There was some discussion concerning payment of the appraisal and Mr. Hawley was asked by Council if they would pay for the appraisal, which might be more than the assessment. Mr. Hawley responded that the City is using 10 feet of Mrs. Cooper's land, but he does not know if the City paid her anything for the easement. He repeated why they do not feel she would benefit from the paving and he does not see where 49 feet at the City's figures would be worth $192 in value to that property and the City is using 10 feet of it already. Councilmember Bolton asked City Engineer Bob Bennett if the City has the easement and if that 49 feet includes the easement. Mr. Bennett responded that the property owner owns the 10 feet. PWC obtained a 10-foot easement years ago to put an underground sewer line along Mrs. Cooper's rear lot line, but it is still her property. Following further discussion, Mayor Dawkins called for a clarification of the motion concerning the appraisal. Mayor Pro-Tem Evans responded that the property owner would have to pay for the appraisal if that is the policy; and if the property owner finds they cannot pay for the appraisal, then her motion would not be valid. Mayor Dawkins then asked Mrs. Evans if it is her intent to pass this if they can pay for the appraisal and if not, then it would be brought back for action. She responded that he was correct. Mayor Dawkins then recited the motion as follows: Mayor Pro-Tem Evans moved to delay all action on Center Street and contact property owner of 14 Powell Street to see if they would be willing to get an appraisal and action to be taken at the next regular meeting--the public hearing portion is closed on this item. The motion was seconded by Councilmember Robertson and the motion carried 7 to 2 with Councilmembers Cheek and Ross voting in opposition. Mayor Dawkins asked Mr. Smith and Mr. Cogswell to follow up on this and put it on the agenda for action at the next meeting. 2. Chase Street (from Gillespie Street to Blount Street) This public hearing was published for this date and hour and the City Attorney certified that all property owners on the assessment roll had been notified by first-class mail. The public hearing was opened at 7:52 p.m. There were no proponents or opponents and the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1990-131. Councilmember Bolton introduced the foregoing resolution and moved its adoption at 7:52 p.m., seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 3. Olive Road (from existing Pavement to Sherwood Drive) This public hearing was published for this date and hour and the City Attorney certified that all property owners on the assessment roll had been notified by first-class mail. The public hearing was opened at 7:53 p.m., and there being no proponents or opponents and the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1990-132. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption at 7:53 p.m., seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 4. May Street (from Trade Street to Powell Street) This public hearing was published for this date and hour and the City Attorney certified that all property owners on the assessment roll had been notified by first-class mail. The public hearing was opened at 7:54 p.m., and there being no proponents or opponents and the public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1990-133. Councilmember Ross introduced the foregoing resolution and moved its adoption at 7:54 p.m., seconded by Councilmember Torrey and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 5. May Street (from Powell Street to Reeves Street) This public hearing was published for this date and hour and the City Attorney certified that all property owners on the assessment roll had been notified by first-class mail. The public hearing was opened at 7:55 p.m. Speaking in opposition was Steven K. Street, 12 Powell Street. He stated there were only three people on that end of the street. The residents believe that the City had tried to clean up that slum area and paving was part of the process. To their knowledge, none of the three have received notice they would have to pay. They assumed the City was paying for the paving. Mr. Street stated he was on social security and the two ladies had a monthly income of under $800 each. Mr. Street stated he was speaking for the two ladies who had signed up but were unable to speak because of their health. There being none further to be heard on this matter, the public hearing was closed at 7:59 p.m. Councilmember Bolton stated because of the paying policy which would enable the residents being assessed to pay over a ten-year period, he felt the resolution should be adopted. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1990-134. Councilmember Bolton introduced the foregoing resolution and moved its adoption at 7:59 p.m., seconded by Councilmember Cheek and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 6. Community Drive (from Cedar Creek Road to Dead End) This public hearing was published for this date and hour and the City Attorney certified that all property owners on the assessment roll had been notified by first-class mail. The public hearing was opened at 8:00 p.m. Speaking in opposition was Mr. Harmon Kivett, 1646 Community Drive. He stated that he is 100 percent for the street to be paved but he had problems with having to pay for the whole cul-de-sac after the City took his land for the right-of-way. Mr. Kivett stated he had cleaned and fixed the ditch. He further stated he had requested that the drains from the cul-de-sac be put where it would not interfere with his driveway, but it was placed in such a way that he cannot back out of his driveway. Mr. Kivett repeated that he felt--he should not have to pay the whole cul-de-sac after giving 32 feet of land for the right-of-way. He had no problems with the other lots, just the cul-de-sac. There being none further to speak on this matter, the public hearing was closed at 8:12 p.m. Councilmember McBryde moved to postpone this item until the past minutes can be checked for this matter. The motion was seconded by Councilmember Ross and carried unanimously. 3B. Consideration of sufficiency of taxicab franchises within the City of Fayetteville. This item was presented by Assistant City Manager for Operations Roger Stancil with a recommendation from the Taxicab Inspector that the number of franchises for January through December 1991 remain at 110. The public hearing was opened at 8:15 p.m. and there being none to appear in favor or in opposition, the public hearing was closed. Mayor Pro-Tem Evans moved to follow the recommendation for the franchises to remain 110. The motion was seconded by Councilmember Bolton and carried unanimously. C. Consideration of an application by HCA Highsmith-Rainey Memorial Hospital for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances from Chapter 32, Article IV, Section 32-24, to provide for a charitable institution (Hospitality House) in a P1 Professional District for an area located at 1220 Walter Reed Road. (P90-115) This item was presented by Planner Tom Lloyd. He stated that the Planning Board recommended approval with the findings and facts that it is not detrimental to the area and fits in with the character of the area. This is an advertised public hearing. The public hearing was opened at 8:18 p.m. and there being none to be heard in favor or opposition to this matter, the public hearing was closed. Councilmember Kendrick moved to follow the recommendation and approve the Special Use Permit with the findings and facts that it is not detrimental to the area and fits in with the character of the area. Councilmember Ross seconded the motion, and it carried unanimously. D. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, by amending Chapter 32, Article IV "District Use Regulations," Section 29 "C1P Shopping Center District" by creating Item (3) to allow automobile repair, to include body repair, as an accessory use to a new automobile dealer, provided that such use shall be conducted in a permanently enclosed structure. (P90-116) This item was presented by Planner Tom Lloyd stating that the Planning Board recommends approval of the proposed revision to the Fayetteville Code of Ordinances in that it clarifies the practice of having body shops in conjunction with new car dealerships. This is an advertised public hearing. 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. AN ORDINANCE AMENDING CHAPTER 32 "ZONING" (SECTION 32-29(3)). ORDINANCE NO. S1990-21. Councilmember Ross 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 S1990. 4. PWC MATTERS: A. Consideration of bid award in the amount of $124,204.00 to Heyward, Inc., sole supplier, for purchase of repair parts for LIGHTNIN Mixer (modifications to aerators at Cross Creek WWTP). Public Works Commission recommends approval of the bid award to the sole bidder. Councilmember Bolton moved to approve the award as recommended, seconded by Councilmember Robertson and carried unanimously. B. Consideration of ordinance amending the Amended and Restated Employees' Retirement Plan of the Public Works Commission of the City of Fayetteville, providing for cost of living increases for retired employees. Public Works Commission recommends approval. AN ORDINANCE AMENDING THE AMENDED AND RESTATED EMPLOYEES' RETIREMENT PLAN OF THE PUBLIC WORKS COMMISSION. ORDINANCE NO. NS1990-55. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1990. 5. Appearance by Historic and Scenic Sites Committee. Ms. Rosalie Kelly, Chairman of the Historic and Scenic Sites Committee, gave a brief background of some of the projects the Committee has worked on including the Market House restoration. The Committee is requesting Council to establish a Preservation Fund for City-owned historic properties with the provision that the Historic and Scenic Sites Committee be able to draw an amount not to exceed $200,000 if needed for the completion of the Market House Restoration Project. The balance of the proceeds would remain in the preservation fund. Glenn Jernigan and Bill Hurley also made an appeal Council support this request. Mayor Pro-Tem Evans moved to set up a Preservation Fund for any City-owned historic properties and have Historic and Scenic Sites Committee assist in the guidelines governing the funds and the administration of the funds. The motion was seconded by Councilmember Pillow. Councilmember McBryde felt we should follow the City Manager's recommendation to postpone action on this matter until further study can be made by staff with a recommendation. A substitute motion was offered by Councilmember Cheek to table action on the main motion until after Item 6. The motion was seconded by Councilmember Ross and carried 8 to 1 with Councilmember McBryde voting against. 6. Appearance by Historic Resources Commission. Mr. Ron Wilson, Chairman of the Historic Resources Commission, made a presentation to Council with a request to use the proceeds of the sale from the Kyle House to promote the use and conservation of architectural and historical properties within the City of Fayetteville by establishing a Preservation Fund. Following some discussion, the City Manager John Smith recommended that staff be able to review this request along with the Historic and Scenic Sites Committee request. There was further discussion by Council followed by a substitute motion by Councilmember Bolton to delay action on these issues until January when staff can return with a recommendation. The motion was seconded by Councilmember Ross. Following some further discussion, Councilmember McBryde called the question and it carried unanimously to cease debate. Mayor Dawkins called for a vote on the substitute motion and it carried 5 to 4 with Councilmembers Evans, Robertson, Pillow and Cheek voting against. At this time Councilmember Kendrick requested that if a fund is to be set up that it be set up in a way that it could be repaid so that money can be put back into the fund. 7. Appearance by John M. Tyson. Mr. and Mrs. John M. Tyson appeared before Council stating that some years ago they had purchased property on Mason Street behind the Library to build an office building. Mr. Tyson stated that after consideration they had decided to offer this property to the City as a gift to complete the land acquisition for the linear park. At this time Mr. and Mrs. Tyson presented the deed of the property to Robert Barefoot, Director of Parks and Recreation. They received a standing ovation. Councilmember Bolton moved to accept the deed for the property, seconded by Councilmember Cheek and carried unanimously. Mayor Dawkins stated that this gift made tonight a very special evening and thanked the Tysons on behalf of the Council. 8. Consideration of approval of sale of Kyle House. This item was presented by City Manager John Smith. He stated to his knowledge we have received no upset bids. The recommendation to adopt the resolution authorizing the sale of the Kyle House to St. John's Episcopal Church in the sum of $250,000. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1990-135. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 9. Discussion of Morganton Road Sidewalks: A. Consideration of request to appear from Doyle Hubbard, Charles R. Pittman, and Michael Schmidt. Mr. Doyle Hubbard presented slides of other areas in the City with more need for sidewalks than the Morganton Road and requested that Council set this matter aside once and for all. Also recognized in opposition to this sidewalk on Morganton Road was Mr. Charles Pittman, 3300 Morganton Road. He pointed out many needs throughout the City that should be higher on the priority list than the sidewalk that very few people wanted. B. Report from City Staff. City Manager John Smith presented the report which included City Engineer Bob Bennett's report. It stated that on the north side, after filling in the gaps of 931 feet, they estimate the existing funds then would carry the sidewalk construction to Churchill Drive. On the south side, after filling in the gaps of 476 feet, it is estimated that the existing fund would carry the sidewalk construction to approximately 750 feet West of Churchill Drive. C. Consideration of setting public hearing to consider sidewalks on Morganton Road. Following some discussion, Councilmember McBryde moved to not consider using any funds to build sidewalks past Pinecrest Drive but considered the gaps between Pinecrest Drive and Haymount area, Fort Bragg Road, Morganton and other areas of the City as far as the money would go. The motion was seconded by Councilmember Ross. Councilmember Cheek stated that she feels Council implied a public hearing would be set and since one side had been heard from tonight, she felt that a public hearing should be set so that both sides could be heard. Mayor Dawkins called for a vote and the motion carried 8 to 1 with Cheek voting against. 10. Consideration of request to appear from Beulah M. Wallace. Mayor Dawkins reminded Council of the policy that any item for reconsideration in less than six months would take at least seven members voting to put it back on the next agenda. Mayor Dawkins then recognized Beulah M. Wallace, 932 Fleetwood Drive. She stated she was representing the Committee for Neighborhood Unity. She stated that because of everyone's contributions to the Savoy Heights Community Center, they are requesting that Council rescind their action to change the name to the Geraldine Meyers Community Center and leave the name the Savoy Heights Community Center. Ms. Wallace stated they also would like to have a public hearing. Councilmember Ross stated there were 729 registered voters in that area and felt they should all have a chance to speak, therefore she moved to put this item on the agenda for the January 7 regular meeting. The motion died for a lack of second. 11. Consideration of Lease Agreement between City of Fayetteville and Cape Fear Studios. This item was presented by City Manager John Smith requesting that the lease be approved with a change on the last page, Item 10, end of the paragraph to add the words, "and the terms of this lease shall be made part of any sublease." Councilmember Bolton moved to approve the lease agreement as recommended with the addition, seconded by Councilmember Kendrick and carried unanimously. Consideration of approval of Interlocal Agreement between the City of Fayetteville, Cumberland County, and Mid-Carolina Council of Governments for the joint funding of transportation for the nutrition and rural shopping program. City Manager John Smith gave the background on this item. The Transit director had recommended approval of the Interlocal Agreement. Following some discussion, Councilmember Torrey moved to follow the recommendation to approve the Interlocal Agreement. The motion died for lack of a second. Councilmember Cheek moved to request staff to develop an amendment to the contract to more accurately reflect the proportion of trips inside the City and return to the next meeting if possible. The motion was seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Torrey and Ross voting against. 13. Consideration of adoption of resolution adopting revisions to the electoral district boundaries of the City for the purpose of accounting for territory annexed to the City (15 revisions to account for 15 annexations). This item was presented by Assistant City Manager for Operations Roger Stancil with a recommendation for adoption of the resolution. RESOLUTION ADOPTING REVISIONS TO THE ELECTORAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION NO. R1990-136. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick 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 R1990. 14. Consideration of adoption of resolution directing the Clerk to investigate a petition for annexation received under G.S. 160A-31 (King's Grant-portion of Section 5, Part A). This item was presented by Assistant City Manager for Operations Roger Stancil recommending adoption of the resolution. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1990-137. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried 7 to 2 with Councilmembers Torrey and Ross voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1990. 15. Consideration of request from Attorney John C. Tally, representing property owners along Old Mintz Road, requesting maintenance of the road. Councilmember Cheek stated she feels this is a complicated item and appears to be a recommendation for accepting another unpaved street, therefore she moved to refer this item to the Streets and Roads Committee. The motion was seconded by Councilmember Bolton and carried unanimously. Councilmember Kendrick scheduled a Streets and Roads Committee meeting on January 10, 1991. The time and location will be set later. 16. Consideration of adoption of resolutions authorizing submission of grant applications for the following: A. Land and Water Conservation Fund. The Parks and Recreation Director recommends adoption of the resolutions. RESOLUTION AUTHORIZING FILING OF GRANT APPLICATION UNDER THE URBAN PARK AND RECREATION AND RECOVERY ACT OF 1978. RESOLUTION NO. R1990-138. RESOLUTION FOR THE ASSURANCE OF AVAILABILITY OF MATCH. RESOLUTION NO. R1990-139. Mayor Pro-Tem Evans moved to adopt the foregoing resolutions, seconded by Councilmember Bolton and carried unanimously. B. Urban Parks and Recreation Recovery. RESOLUTION AUTHORIZING THE DEVELOPMENT OF LAMON STREET PARK. RESOLUTION NO. R1990-140. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Ross voting against. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1990. 17. Consideration of setting a joint meeting between the Fayetteville City Council and Fayetteville Airport Commission. City Manager John Smith stated that this item was placed on the agenda at the request of Councilmember Cheek. Councilmember Bolton moved to set a special meeting in January, seconded by Mayor Pro-Tem Evans and carried unanimously. 18. Appointments: A. Nominations to fill three vacancies on the Fayetteville Appearance Commission. Councilmember McBryde nominated Robert St. Onge, at-large category, for a first full term. Councilmember McBryde nominated Gordon Rose, Engineer category, for a first full term. There were no nominations for the second at-large category. B. Nominations to fill two vacancies on the Personnel Review Board. Councilmember Robertson nominated Bobby R. Davis for a first full term. There were no nominations for the alternate. C. Nominations to fill two vacancies on the Fayetteville Redevelopment Commission. Mayor Pro-Tem Evans nominated Helen Farrior for a second term. Councilmember Pillow nominated Christina Smith for a first full term. D. Nominations to fill one vacancy on the Joint Senior Citizens Advisory Commission. Mayor Pro-Tem Evans nominated Maggie Shive. 19. Administrative Reports: A. Report of taxes collected for the month of November, 1990, from the Cumberland County Tax Collector. The statement of taxes showed a total collections of $2,322,345.53. B. Discussion of proposed feasibility study for City operation of a cablevision system. Councilmember Kendrick stated he had requested this item because he felt that it was something we should check into. Mayor Pro-Tem Evans stated she felt it would not be feasible for a City-operated cablevision system in Fayetteville. City Manager John Smith stated that to his knowledge the only City seriously checking into this is the City of Morganton. Council took no action. C. Report on multi-stop intersections. Mr. Smith recommended this be referred to Council's Streets and Roads Committee. Councilmember Bolton moved to refer this item to the Streets and Roads Committee, seconded by Councilmember Robertson and carried unanimously. D. Other - none. E. Settlement of Yarborough property condemnation, Raeford Road and Purdue Drive. City Attorney Bob Cogswell presented this item recommending that the City settle the amount of money in the sum of $75,000 and the office portion of the building to be demolished be allowed to remain for five years at which time it would come down. The Evergreen Management Corporation of Southern Pines and/or Professional Automotive Services, Inc. (d/b/a) Carolina Car Care would indemnify the City from any injuries that may result as of the proximity of the building next to the street there and the City will install a railing on the side of the building to protect the pedestrians. Councilmember Bolton moved to follow the recommendation to settle the condemnation claim, seconded by Councilmember Kendrick and carried unanimously. F. Extension of Agreement with Village Drive properties. Councilmember Cheek moved to extend the agreement for 30 days, seconded by Councilmember Bolton and carried unanimously. At this time Mayor Dawkins entertained a motion to schedule a one-day retreat with Council and the Institute of Government on January 26, 1991, to be held in Cumberland County. Councilmember Robertson moved to follow the recommendation, seconded by Councilmember Ross and carried 7 to 2 with Councilmembers McBryde and Bolton voting against. There being no further business, the meeting was adjourned upon motion and second at 10:40 p.m. Approved February 19, 1991