1988 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA REGULAR MEETING MONDAY, JANUARY 4, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JANUARY 4, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large). Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager. Operations John B. (Ben) Brown, Jr., Assistant City Manager, Staff Robert C. Cogswell, Jr., City Attorney Richard Herrera, Community Services Director G. Allen Mitchell, Assistant City/County Planning Director Robert M. Bennett, City Engineer Tim Wood, PWC Manager Dorothy Gilmore, Parks and Recreation Members of the Press Mayor Dawkins called the meeting to order and welcomed everyone to the first meeting of the year 1988. The invocation was offered by Reverend Mack Roberts, Lafayette Baptist Church, followed by the Mayor leading the Pledge of Allegiance to the American Flag. The Mayor stated that a request for an executive session for litigation at this time was made by the City Attorney. Councilmember Ross offered motion, seconded by Councilmember McBryde, to enter executive session for a matter of litigation, and carried unanimously at 7:08 p.m. Council reconvened into regular session at 7:45 p.m. The City Manager stated that Item 2.Q. on the Consent agenda had previously been scheduled for a January 19 public hearing for the paving of Carlos Avenue. It was discovered that two parcels along the street are outside the City and staff would like a little more time on this matter, therefore, he is requesting that this be put back on the agenda to rescind previous action. Council policy requires a separate three-fourths majority vote to place Item 2.Q. on Agenda. Councilmember Wofford offered motion to place Item 2.Q. on the agenda. seconded by Councilmember Bolton and carried unanimously. Approval of Agenda Councilmember Evans offered motion, seconded by Councilmember Pillow and carried unanimously to approve the agenda including Item 2.Q. Consent: Councilmember Torrey requested to pull for discussion Items 2.C. and P. Councilmember McBryde offered motion to approve the consent items excluding Items 2.C. and P. and adopt the resolutions, seconded by Councilmember Kendrick and carried unanimously. Approval of minutes of regular meeting of December 21, 1987. Adoption of Resolutions setting public hearings for January 19, 1988, to consider the assessments for paving. water system, and sanitary sewer extensions for the following: 1. Java Drive from Hilton Drive to Hilton Drive and McChoen Drive from Country Club Drive to Northwest corner Lot 20, Block B, Plat Book 25, Page 28; A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING, SANITATION SEWER AND WATER EXTENSION OF JAVA DRIVE FROM HILTON DRIVE TO HILTON DRIVE; MCCHOEN DRIVE FROM COUNTRY CLUB DRIVE TO NORTHWESTERN CORNER LOT 20, BLOCK B, PLAT-BOOK 25, PAGE 28. RESOLUTION NO. R1988-1 2. Hilton Drive; A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING, SANITARY SEWER AND WATER EXTENSION OF SOUTHERN PORTION HILTON DRIVE FROM ROSEHILL ROAD TO 71.41 FEET N.W. FROM LOT 42, PLAT BOOK 22, PAGE 24; NORTHERN PORTION HILTON DRIVE FROM ROSEHILL ROAD TO SOUTHWESTERN CORNER LOT 4, PLAT BOOK 25, PAGE 28. RESOLUTION NO. 1988-2 A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING, SANITARY SEWER AND WATER EXTENSION OF HILTON DRIVE FROM 71.4 FEET N.W. FROM LOT 42, PLAT BOOK 22, PAGE 24; SOUTHWESTERN CORNER LOT 4, PLAT BOOK 25, PAGE 8. RESOLUTION NO. R1988-3 3. Rosehill Road from existing sewer line North of Randinita Drive to Hilton Drive and Country Club Drive from Big Cross Creek to Southwest corner Lot 1, Plot Book 19, Page 43. A 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 EXTENSION OF ROSEHILL ROAD FROM EXISTING SEWER LINE NORTH OF RANDINITA DRIVE TO HILTON DRIVE; COUNTRY CLUB DRIVE FROM BIG CROSS CREEK TO SOUTHWEST CORNER OF LOT 1, PLAT BOOK 19, PAGE 43. RESOLUTION NO. R1988-4 Adoption of a resolution setting a public hearing for February 1, 1988, to assess utilities and street construction of Purdue Drive/Cheselka Street. (Pulled for discussion.) Adoption of resolution setting a public hearing for February 1, 1988, to consider paving Anarine Road from McKimmon Road to a proposed cul-de-sac. Petition received December 20, 1987. A PRELIMINARY ASSESSMENT RESOLUTION. RESOLUTION NO. R1988-5 Adoption of resolution setting a public hearing for February 1, 1988, to consider closing Anarine Road between Lyon Road and the southern margin of Lot 3, Block “H,” Greenwood Homes Section 5, Part 2, as recorded in Plat Book 20, Page 25, Cumberland County Registry. A PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE ANARINE ROAD. RESOLUTION NO. R1988-6 Set public hearing for January 19, 1988, to consider the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 213 Cheselka Street. (P87-137) Set public hearing for February 1, 1988, to consider an application by Heritage Plan Health Care Center for a special use permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-25 to locate a nursing home in a R5 Residential District for an area located on the east side of Ann Street, south of Grove Street. (P87-154) Approval of bid award for purchase of 400,000 feet of 10 25 KV Underground Cable to Rigby Electric Supply, the low bidder in the amount of $584,400. (PWC) Approval of bid award for purchase of 200.000 feet of Sweetbriar 600V Cable to Eastern Electric Supply, Inc., the low bidder in the amount of $183,800. (PWC) Approval of bid award for purchase of Three (3) Flat Bed Dump Trucks to Edmac Truck Sales & Service, the low bidder in the amount of $77,282. (PWC) Approval of bid award for purchase of One 12 Cubic Yard Dump Truck to Bennetts, Inc., the low bidder in the amount of $38,217. (WwC) Approval of bid award for purchase of Two (2) 28,000 Pound GVW Articulating Boom Trucks to Owsley & Sons. the low bidders in the amount of $79,500. (PWC) Approval of bid award for purchase of One (1) 43,000 Pound GVW Truck Cab and Chassis, to Edmac Truck Sales and Service, the low bidder in the amount of $29,653. (PWC) Award of service revolver and badge to Officer Al Post upon his retirement from the Fayetteville Police Department. Award of service revolver, badge, and 30-year pin to Officer J. B. Devane upon his retirement from the Fayetteville Police Department. Adoption of Resolution directing the City Clerk to investigate a petition for annexation received under G.S. 160A-31 (Sycamore Square Shopping Center Expansions - Bragg Boulevard). (Pulled for discussion.) Rescind previous action of December 21, 1987, setting public hearing for paving of Carlos Avenue. Adoption of resolution honoring the memory of the late Sheriff Ottis Jones. A copy of this resolution is attached and made a part of these minutes. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1988. Adoption of a resolution setting a public hearing for February 1, 1988, to assess utilities and street construction of Purdue Drive/Cheselka Street: 1. For paving from Breezewood Avenue to an unnamed creek as shown on Ducks' Nest, Section 1 plat, recorded in Plat Book 47, Page 60, Cumberland County Registry. 2. Water and sanitary sewer utilities from Gordons Way to an unnamed creek as shown on Ducks' Nest, Section 1 plat recorded in Plat Book 47, Page 60, Cumberland County Registry. Councilmember Torrey referred to a motion that he made at the last meeting to go back to the policy effective prior to January 1, which sets the street paving for $4 per front foot and sidewalks at $3 per front foot but not to include the referendum, and he wished to make this a motion on this item. It was noted by Councilmembers and Mayor that this motion had been made at the last seating and defeated. Also that this is only to set a public hearing. Coumcilmember Wofford offered motion to adopt resolutions to set public hearing for February 1 on Items 2.C.1. and 2, seconded by Councilmember McBryde and carried unanimously. The resolution titles are as follows: A PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, INTO PURDUE DRIVE/CHESELKA STREET BETWEEN GORDONS WAY AND UNNAMED CREEK AS SHOWN ON PLAT OF DUCKS NEST, SECTION 1, PLAT BOOK 47, PAGE 60, CUMBERLAND COUNTY REGISTRY. RESOLUTION NO. R1988-7 A PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF PURDUE DRIVE/CHESELKA STREET FROM BREEZEWOOD AVENUE TO AN UNNAMED CREEK AS SHOWN ON DUCKS' NEST, SECTION 1, PLAT BOOK 47, PAGE 60, CUMBERLAND COUNTY REGISTRY. RESOLUTION NO. R1988-8 Adoption of Resolution directing the City Clerk to investigate a petition for annexation received under G.S. 160A-31 (Sycamore Square Shopping Center Expansions - Bragg Boulevard). Councilmember Torrey stated that he was landlocked in his district and feels that Council should vote individually on this type item and not as a consent item. Mr. Smith stated this is simply carrying out annexation laws. This is strictly an instructional item and that is the reason it is on consent but it can be put as a regular item if Council prefers. A RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1988-9 Following some discussion, Coumcilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously by voice vote. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1988. Public Hearing: Consideration of an Ordinance to Extend the Corporate Limits of the City of Fayetteville, North Carolina, pursuant to G.S. 160A-31, as amended (Alco Mobile Home Park, 1128 Shaw Road). Mr. Cogswell stated that this is a voluntary petition and Mr. Chris Smith, representing the petitioner, is present at the meeting and has filed a written request with the City Clerk that this be withdrawn before the public hearing. Mr. Chris Smith was recognized and stated that following meetings with City staff members, the petitioner decided to request a withdrawal before the public hearing until some problems are worked out. Councilmember McBryde offered motion to allow the withdrawal by the petitioner, seconded by Councilmember Ross and carried unanimously by voice vote. PWC Matters: Consideration of approval of bid award for construction of water and sanitary sewer utilities for Phase I, Combined Cycle project, to Blue Construction Company, the low bidder. (Subject to execution of Consent Judgment and approval by N.C. Division of Environmental Management.) Mr. Wood presented this item and stated it had not been placed on the consent agenda because they are recommending that this be awarded subject to execution of Consent Judgment and approval by North Carolina Division of Environmental Management. Mr. Wood stated they will not proceed until this has been approved by them. Councilmember Evans offered motion to award the contract to the low bidder in the amount of $280,566.50 subject to the recommended approvals, seconded by Councilmember Kendrick and carried unanimously. Consideration of Consent Judgment for Cross Creek Wastewater Treatment Plant. The City Attorney stated he had not assisted in the preparation of this Consent Judgment but had only read the document and had talked with Attorneys Reid and Lewis who had indicated that we really didn't have much choice. He further stated that Mr. Wood is very familiar with the situation and he would defer to him. The City is the legal entity by Charter, so the City is the one who has to be the defendant. Mr. Wood stated that an NPDES permit issued by the North Carolina Division of Environmental Management (DEM) for the Cross Creek Wastewater Treatment Plant expired almost 2 years ago. DEM has recently issued a new discharge permit for the plant and established very strict discharge parameters for BOD, COD, etc. The plant is not able to meet the new limits and is automatically in a state of non-compliance. They anticipate capital expenditures of approximately $26 million to bring the plant into compliance at the new limits and with a 6 million gallon expansion of treatment capacity. Mr. Wood stated that he feels we would be able to live with this agreement for the next 4 years. Following some discussion, Councilmember Evans offered motion, seconded by Councilmember Kendrick, to approve the Consent Judgment and authorize the Mayor to sign on behalf of the City, carried unanimously. Presentation by Linear Park Steering Committee. Harry Shaw, representing the Committee, stated that the Linear Park Steering Committee was comprised of members from the Appearance Commission, the Historic and Scenic Sites Commission, the Revitalization Commission, and the Parks and Recreation Advisory Commission. He gave a thorough presentation and displayed a concept of the Linear Park proposal. Their request was for the City to purchase two parcels of property along the creek near the intersection of Ray Avenue and Mason Street. One of these parcels will be going on the market soon. There were approximately 15 Committee members present at the meeting. Mr. Smith stated that these two parcels are approximately 100 feet wide on Mason Street. It has been estimated that acquisition of these would take approximately $90,000. He stated that funds could be made available from leftover funds after the closeout of several current projects. There are funds still available in the Council's contingency account but he does not recommend the full amount be taken from here. He stated that the Linear Park has no funds budgeted at this time. Council may wish to consider immediate action on the smaller parcel since it is due to go on the market soon and would cost much more to acquire at a later date if Council is definitely going to develop this Linear Park. Councilmember Ross stated with the Prince Charles obligation and other commitments, she felt that this was not the time to spend the money. There was lengthy discussion concerning money obligation and easement on a third piece of property. Councilmember Thompson offered motion to authorize the City Manager to negotiate the purchase price of both parcels of property and let Council know if easement would be available, its cost and its size, and return to Council on January 19 is possible, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Ross voting no. At this time, Mayor Dawkins reminded everyone of the Joint Planning Board meeting tomorrow night at 7:30 at the old courthouse. There will be representatives from manufactured homes at this meeting. Consideration of ordinance amending Chapter 21-A (Parks and Recreation) of the Fayetteville City Code. The City Manager presented this item and stated there were two changes in this ordinance. One would allow supervisory staff the immediate right to suspend someone from a recreational facility in a case of a serious situation and it would allow an appeal of a supervisor's suspension to go before the Director of Parks and Recreation instead of automatically going before the City Manager. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 21A-19, “SUSPENSION FROM USE OF FACILITIES,” OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1988-1 Following lengthy discussion, Councilmember Evans 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 S1988. Consideration of adoption of new by-laws for Fayetteville Cumberlamd County Senior Citizens Advisory Commission. Recreational staff representative Dorothy Gilmore presented this item stating that the Parks and Recreation Advisory Commission tried to eliminate those duties they felt were administrative instead of advisory from the bylaws. A motion was made by Councilmember Ross and seconded by Councilmember Torrey to adopt the by-laws and the interlocal agreement, carried unanimously. Mayor Dawkins recognized Beatrice Matthews, Chairman, and Sylvia Allen, Past Chairman of the Senior Citizens Advisory Commission, present in the audience. Consideration of an agreement with NC Department of Transportation for the installation of railroad crossing signals at CSX railroad crossing of Franklin Street at Ray Avenue. The City Engineer presented this item and stated this has qualified for 90 percent federal funds to install automatic warning devices. A motion was made by Councilmember Wofford and seconded by Councilmember Ross for the adoption of the following resolution and being put to a vote was duly adopted. WHEREAS, the Department of Transportation, an agency of the State of North Carolina, pursuant to the provisions of G.S. 136-18(12) processes to contract with the Federal Highway Administration to obtain Federal-Aid funds for the improvements in the protective devices at certain highway-railway crossings on the Municipal Street System for which the Municipality is responsible; and WHEREAS, the Municipality will reimburse the Department of Transportation for any and all expense incurred in the planning, design and installation of the protective devices incurred by the Department of Transportation, not reimbursed by the Federal Highway Administration; and WHEREAS, in order to carry out the aforesaid projects and to promote the public interest and general welfare of the Municipality, it is necessary for the Municipality to enter into a contract with the Department of Transportation to provide for the installation and maintenance of the protective devices at certain highway-railroad crossings on the Municipal Street System. NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor and Clerk of the Municipality of Fayetteville are hereby formally authorized to enter into a contract with the Department of Transportation to obtain Federal-Aid highway funds necessary to improve the protective devices at the said grade crossing, for the Department of Transportation to perform certain work, and the Mayor and Clerk of the municipality are hereby empowered to sign and execute the required agreement between the Municipality and the Department of Transportation. Consideration of the following Resolutions stating the intent of the City of Fayetteville to consider annexation of the areas described therein and fixing the date of public hearing on the question of annexation: A. Area 1 (Kinwood/Heather Ridge) - public hearing set for March 7, 1988. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF THE PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION R1988-10 Councilmember Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Torrey voting no. B. Area 2 (Raleigh Road Island) - Public hearing set for March 7, 1988. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF THE PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION R1988-11 Councilmember Wofford introduced the foregoing resolution and moved its adoption seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Torrey voting no. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1988. Appointments: Nominations to fill one vacancy on the Fireman's Relief Fund. Mr. Smith reminded Council this is a position that has to be filled by the Finance Director, therefore, Ben Brown needs to be reappointed to that position. Mayor Dawkins called for a vote and it was unanimous. Mayor Dawkins then asked if Council was in agreement to hold a special meeting on January 11 at 6:15 p.m. at the Environmental Services Department on Grove Street for a supper meeting to discuss annual goals and objectives and Council was in agreement. Councilmember Evans requested that the Rape Crisis Association be considered for the use of the Arsenal House, Mr. Smith responded that at the last meeting Council directed him to advertise for written requests of the building and he has received a request from the Rape Crisis Association. Councilmember Kendrick requested to comment for the record that he had contacted Police Chief Hansen concerning annexation Preparations by his Department and had received one of the most thorough reports he has ever received. Mayor Dawkins recognized Mr. Cogswell for celebrating his 10th anniversary with the City and offered congratulations. Administrative Reports: The City Attorney stated he had received a copy of the dog ordinance from Dekalb County, Georgia, that he felt would cover our situation and will be submitting a new draft of the dog ordinance soon. Mayor Dawkins thanked the police officer for attending the meeting tonight. There being no further business, the meeting was adjourned at 9:28 p.m. REGULAR MEETING TUESDAY, JANUARY 19, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, JANUARY 19, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Mayor Pro Tem Mildred Evans (at-large), Councilmembers Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager John B. (Ben) Brown, Jr., Assistant City Manager, Staff Robert C. Cogswell, Jr., City Attorney Richard Herrera, Community Services Director Janice Gerald, Community Development Director Robert Bennett, City Engineer Tim Wood, PWC Manager Henry Powers, Superintendent of Water/Sewer Operations, PWC Rick Davis, Drafting Technician, PWC Any Radcliff, Public Relations Officer Robert Barefoot, Parks Superintendent Janet Jones, Paralegal, City Attorney's Office G. Allen Mitchell, Assistant City/County Planning Director William J. B. McGugan, Administrative Services Director Press Mayor Dawkins called the meeting to order and welcomed everyone to the second regular meeting in January. The invocation was offered by Dr. John Y. Todd, III, Pastor of MacPherson Presbyterian Church, followed by the Mayor leading the Pledge of Allegiance to the American Flag. Recognition: Mayor Dawkins asked Dr. Ernest McNeill and Mr. William Murphy to come forward. Dr. McNeill and Mr. Murphy were each presented the City of Fayetteville's “Award of Honors” in recognition of their work in the restoration and preservation of the Orange Street School, a historical institution. Mayor Dawkins then asked Angela Mullen to code forward. Angela was chosen as the Youth of the Month by the Fayetteville/Cumberland County Youth Council. On behalf of the Fayetteville Kiwanis Club, Mayor Dawkins presented Angela a $50.00 Savings Bond. A Resolution from the City acknowledging this special recognition will be forthcoming for Angela. 1. Approval of Agenda: Mayor Dawkins advised that the City Manager had requested an executive session be added to the agenda for a property transaction matter. In regards to Item 4., the City Attorney advised he had been contacted by an interested party who requested that this be concluded as he would not be able to attend tonight's meeting. Councilmember McBryde asked, that Item 12.E. be added as “Spell litigation.” Councilmember McBryde then made a motion to approve the agenda with the addition of an executive session for a property transaction matter, the continuation of Item 4., and the addition of Item 12.E., seconded by Councilmember Bolton and carried unanimousLy. 2. Consent: Councilmember Kendrick moved that the Consent Agenda be approved. Motion was seconded by Councilmember Torrey. Councilmember Wofford asked that Item 2.G. be pulled and offered a substitute motion to approve the Consent Agenda with the exception of Item 2.G. and adopt the Resolution. Motion was carried by Councilmember McBryde and carried unanimously. The consent items are as follows: A. Approval of minutes of regular meeting of January 4, 1988. B. Approval of amendment to City Council minutes of October 5, 1987, and November 2, 1987. C Approval of request for a refund of City taxes to Charles Shiver in the amount of $22.83. D. Approval of request for a refund of City taxes to Archie Guy and wife, Annie, in the amount of $95.97. E. Approval of request for a refund of City taxes to Jack Sandrock in the amount of $49.12. F. Adoption of a resolution rescheduling a public hearing for the paving of Samuel Street from Dunn Road to eastern line Lot 1, Block “D,” Highland Acres, Plat Book 14, Page 50. Suggested public hearing date is Tuesday, February 16, 1988. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION. (SAMUEL STREET) RESOLUTION NO. R1988-12. A copy of the foregoing Resolution is on file in the City Clerk's Office in Resolution Book R1988. G. Adoption of Budget Amendment 88-13. (PULLED FOR DISCUSSION) H. Award of contract for construction of 16-inch water transmission main to Hair's Landscaping and Septic Tank Service in the amount of $174,617.00. (PWC) 2.G. Adoption of Budget Amendment 88-13. Councilmember Wofford referred to the State's letter which accompanied the check received on behalf of the Fayetteville Independent Light Infantry. Councilmember Wofford stated he feels the city should not negotiate the check but return same to the State advising that the FILI is not a part of the City and asking that the check be re-drawn. This procedure enable the proper people to certify their agreement to the terms which the check was issued. The City Manager advised the FILI has been in contact with the State and has been informed that the problem is, in the wording of the Local Bill which cannot be corrected until the next session of the General Assembly. Following further discussion, Councilmember Wofford moved that Council adopt Budget Amendment 88-13 with the stipulation that FILI agrees to all the terms required by the State and furnishes the City a letter with a copy to the State acknowledging this agreement. Motion was seceded by Mayor Pro Tem Evans and carried unanimously. 3. Public Hearings: Mayor Dawkins recognized City Attorney Bob Cogswell who advised that if the assessment rolls are approved at this meeting, the last date for the 30% discount would be March 9, 1988. A. Consideration of Resolution confirming assessment roll and levying for sanitary sewer extensions for Rosehill Road from existing sewer' line North of Randinita Drive to Hilton Drive; Country Club Drive from This Cross Creek to Southwest Corner Lot 1, Plat Book 19, Page 43. PWC Manager, Tim Wood, advised to their knowledge the Notices of Assessment have been sent to the property owners involved. Mr's Wood stated that he along with Henry Powers and Rick Davis were representing the Public Works Commission at this public hearing to answer any questions. Mayor Dawkins opened the Public Hearing. There was no one to appear in favor or opposition. Councilmember Wofford made a motion to adopt the Resolution, seconded by Councilmember Kendrick, and carried unanimously at 7:25 p.m. The Resolution title is as follows: RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENT. (ROSEHILL ROAD AND COUNTRY CLUB DRIVE - SEWER EXTENSIONS) RESOLUTION NO. R1988-13. A copy of the foregoing Resolution is on file in the City Clerk's office in Resolution Book 1988. B. Consideration of Resolution confirming assessment roll and levying for paving, sanitary sewer and water extension for Java Drive from Hilton Drive to Hilton Drive; McChoen Drive from Country Club Drive to Northwestern Corner Lot 20, Block B, Plat Book 25, Page 28. The City Attorney advised there are corrections to Exhibits A and B. On Exhibit A, page 1 of 5, the property owners listed as Leon and Patty M. Arden should be changed to the Veterans Administration, 251 North Main Street, Winston-Salem, NC. On Exhibit B, page 1 of 4, the property owners listed as Leon and Patty M. Arden should be changed to the Veterans Administration. Mr. Cogswell stated the Veterans Administration obtained this property through foreclosure, and he had contacted their attorney who advised there would be no problem and not to delay the adoption of the assessment roll. Mayor Dawkins opened the Public Hearing. There was no one to appear in favor. Mr. William C. Hairston, 3501 Rosehill Road, came forward in opposition. It was determined that Mr. Hairston's property was listed on the assessment roll under Item 3.A. on which Council had already taken action. Mr. Cogswell and Mr. Wood offered their assistance to Mr. Hairston outside Council Chambers. Mr. Charles A. French, 716 Hilton Drive, came forward. Mr. French stated he owned a corner lot fronting Java Drive and Hilton Drive and had been informed about three years ago that he would only be assessed for the property that fronts his address side. Mr. French's question was why is he being assessed for both sides. City Manager John Smith answered that if both streets are paved then the owner of a corner lot would be assessed far both sides. However, the owner of a corner lot would only be assessed for one side for water and sanitary sewer. As there was no one else who wished to address Council, this Public Hearing was closed. Mayor Pro Tem Evans moved that the Resolution be adopted with the name of the Veterans Administration being substituted for Leon and Patty M. Arden as previously noted. Motion was seconded by Councilmember Kendrick and carried unanimously at 7:31 p.m. The Resolution title is as follows: RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS. (JAVA DRIVE AND MCCHOEN DRIVE - PAVING AND WATER/SEWER) RESOLUTION NO. R1988-14. A copy of the foregoing Resolution is on file in the City Clerk's office in Resolution Book R1988. C. Consideration of Resolution confirming assessment roll and levying assessments for paving, sanitary sewer and water extension for Hilton Drive from 71.41 feet Northwest from Lot 42, Plat Book 22, Page 24, Southwestern Corner Lot 4, Plat Book 25, Page 8. Mayor Dawkins opened the Public Hearing. There was no one to appear in favor. Mr. Carl A. Barbour, 1160 Vesper Lane, Fayetteville, NC appeared before Council regarding the water and sewer assessment for Hilton Drive listed on page 9 of 13. Mr, Barbour advised he has had water and sever connections on the property for ten years and asked why is he now being billed for water and sewer lines that he will not be using. Mr. Henry Powers of the Public Works Commission stated this information was not shown on their records and would have to be verified. City Attorney Bob Cogswell recommended this item be continued so that all the property owners on this assessment roll can receive the same payment information. Mr. Cogswell advised Council may continue with this Public Hearing. Mr. Arthur L. Doame, 740 Hilton Drive, was recognized. Mr. Doame stated he lives on a corner lot and it was his understanding when they were annexed, that they would only be assessed for the access side of their property for paving and water/sewer. Mr. Doame advised he is out of work at present, and the 30 percent discount is very generous but is immaterial if one does not have the money. Mr. Cogswell advised the assessments are payable over a five-year period in five annual installments at 8%. There was no one else who wished to speak at the Public Hearing. Mr. Cogswell advised this assessment roll affects 3.C. and 3.D. and since Item 3.C. is being continued, it world be more efficient for his office if Item 3.D. would be continued also. Mayor Pro Tem Evans moved that Item 3.C. be continued to the next regular meeting, seconded by Councilmember Kendrick, and carried unanimously. D. Consideration of resolution confirming assessment roll and levying assessments for paving, sanitary sewer and water extension for the Southern portion Hilton Drive from Rosehill Road to 71.41 feet Northwest from Lot 42, Plat Book 22, Page 24; Northern portion Hilton Drive from Rosehill Road to Southwestern Corner Lot 4, Plat Book 25, Page 28. Mr. Cogswell advised there are corrections to Exhibit C as follows: Page 1 of 13, Helga M. Doame, should show frontage of 171.49', Water amount of $637.94, Sewer amount of $1,004.93 making a total assessment of $1,642.87 and Page 4 of 13, Charlie W. Smith, should show frontage of 71.71, Water amount of $266.76, Sewer amount of $420.22 making a total assessment of $686.98. Mr. Cogswell stated these same corrections should be made on Item 3.C., Exhibit B. Mayor Dawkins opened the Public Hearing. There was no one to appear in favor. Mr. Michael Murphy, P.O. Box 1342, Fayetteville, came forward. Mr. Murphy stated the builder of his home is responsible for the payment of these assessments and requested the bills for same be directed to his firm. Mr. Cogswell advised the bill must be sent to the property owner listed in the tax office. This Public Hearing was closed as there was no one else who wished to address Council. Mayor Pro Tem Evans moved that Item 3.D. be continued to the next regular meeting. Motion was seconded by Councilmember Kendrick and carried unanimously. E. Consideration of the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 213 Cheselka Street. (P.87-137) Mr. Al Mitchell presented this item. Mr. Mitchell advised existing zoning in this area includes P2 Professional District, R6 Residential District, R5 and R5A Residential District. The Planning Board has recommended denial of this rezoning request. Councilmember Wofford asked if the applicant's willingness to accept P2 was discussed at the Planning Board meeting. Mr. Mitchell advised this matter was discussed and the recommendation was denial as it was the over-all plan of the City Council and the Planning Board not to encroach back onto Arlington Avenue with the P2 category. Mayor Dawkins opened the Public Hearing. There was no one to appear in favor. Mr. Bill Kirby, 2723 Arlington Avenue, appeared in opposition. Mr. Kirby advised Council that a petition for denial was signed by residents of the Arlington Avenue area and was presented at the Planning Board meeting. Mr. Kirby provided the Mayor and Councilmembers with copies of the petition. Mr. Kirby stated that he was very alarmed when he learned that a bar or a pawn shop could be built in his neighborhood if zoned C1. As there was no one else to appear before Council, this Public Hearing was closed. Councilmember Kendrick moved that this rezoning request be denied, seconded by Councilmember Ross and carried unanimously. F. Consideration of the following resolutions: 1. To consider acceptance of Par Drive for maintenance by City. 2. Consideration of resolution for paving pursuant to petition, of Par Drive on new location from Ramsey Street to Dead End of old location. City Engineer Robert Bennett presented this item. Mr. Bennett advised Par Drive originally went from Ramsey Street westwardly to Dead End. It was offset from Law Road and was never accepted for maintenance by any public agency. Recent development plans have been brought forth which will locate a business on the corner of lot labeled No. 1 and will withdraw from dedication that part of Par Drive that abuts Lot No. 1. The developer is offering a new location that will bring the street out to Law Road intersection which will be a considerable advantage traffic-wise. It is recommended that a resolution be adopted accepting the street for maintenance, and a resolution be adopted approving the paving of the street. Mayor Dawkins opened the Public Hearing. Mr. Steven O'Connor, Attorney with Rose, Rand, Ray, Winfrey and Gregory, appeared before Council in favor of this matter on behalf of the developer, Carolina Lubes, Inc. Mr. O'Connor reviewed the situation as described by Mr. Bennett. There was no one to appear in opposition. Councilmember McBryde moved that the Resolutions be adopted, seconded by Councilmember Ross, and carried unanimously. The Resolution titles are as follows: RESOLUTION AUTHORIZING THE ACCEPTANCE OF PAR DRIVE FROM RAMSEY STREET TO THE DEAD END. RESOLUTION NO. R1988-15. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN. (STORM SEWER, CURB/GUTTERS, & PAVING - PAR DRIVE) RESOLUTION NO. R1988-16. Copies of the foregoing Resolutions are on file in the City Clerk's office in Resolution Book R1988. Councilmember Pillow asked Mr. Bennett if there are any additional petitions that will come under the $4.00 assessment. Mr. Bennett answered there are two pending which were submitted before the year ended. 4. Request by G&T Investments to release City's interest in Port-A-Port hangers at the Fayetteville Regional Airport. (ITEM HAS BEEN CONTINUED) 5. Consideration of ordinance amendments to Chapter 7, “Animal Control,” of the Fayetteville City Code. This item was presented by Mr. Cogswell. He stated in his opinion, the third proposal submitted in the agenda packet should solve all the problems. Mayor Pro Tem Evans offered a motion to adopt the third proposal, and motion was seconded by Councilmember Bolton. Mr. Cogswell stated he had been contacted by a citizen who attended the last Public Hearing and wanted to be heard at this meeting. As Mayor Dawkins did not hear objection's from any Councilmember, the opportunity was given for anyone to come forward and address Council regarding this matter. As no one came forward, the floor was opened for discussion on the motion. Councilmember Thompson asked that Council consider some differentiation in the penalty. He stated he felt the $100/$200/$300 might be a little stiff except in the consideration of dangerous animals. Councilmember Thompson offered a friendly amendment to Mrs. Evans' motion to change the penalties to $50 for first violation, $100 for second violation, and $300 for the third violation in all cases with exception of violations of the dangerous animals definition which should remain at $100/$200/$300. Mayor Pro Tem Evans and Councilmember Bolton accepted this friendly amendment. Councilmember Pillow stated he is in objection to this proposal as it does not limit the number of dogs in a single household which was their basic concern. Councilmember McBryde responded that one dog can be as much of a nuisance as ten. Mayor Pro Tem Evans named other cities that do not limit the number of dogs per household. Councilmember Ross advised she noted only two cities that limit the number of dogs. Councilmember Wofford referred to section 7-23 (c) of the proposed ordinance. Mr. Wofford offered a friendly amendment that this section be changed to read. .. “the animal will be euthanized or turned over to a zoo or other licensed keeper of dangerous animals.” This friendly amendment was accepted by Mayor Pro Tem Evans and Councilmember Bolton. Councilmember Kendrick asked how easy is it going to be for the enforcement of this ordinance. Mr. Cogswell advised it will not be any easier than it has been. Mayor Dawkins called for a vote. The motion carried 7 to 2 with Councilmembers Kendrick and Pillow voting in opposition. The Ordinance title is as follows: AN ORDINANCE AMENDING CHAPTER 7, “ANIMALS AND FOWL,” OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1988-2. A copy of the foregoing Ordinance is on file in the City Clerk's office in Ordinance Book S1988. 6. Consideration of a petition to lower the speed limit on Clearwater Drive and Thorndike Drive. This item was presented by City Engineer Robert Bennett. Mr. Bennett advised a petition was received from a number of residents in the Hillendale Subdivision who are concerned with speed on two of their streets in that area which are Clearwater Drive and Thorndike Drive. Mr. Bennett referred to the Spot Speed Study in the agenda packet which shows only one location with any appreciable amount of speeding. The geometric design and construction of the streets are entirely adequate for the volume of traffic and serves the area very well. Mr. Bennett concluded by stating the operation of vehicles is adequate as is and any lowering of the speed limit would not accomplish anything. City Manager John Smith presented information be had received this date from the Police Department. In his memorandum to Mr. Smith, Chief Hansen stated they could not support a reduction of the speed limit in this area based on the information they had compiled and requested additional time for enforcement of the present speed limit by their Traffic Enforcement Task Force. Councilmember Wofford asked Mr. Bennett if they had ever recommended reducing the speed limit from 35 to 25 on residential street. Mr. Bennett answered a reduction was reluctantly approved on Murray Hill Road. Councilmember Wofford then asked the number of streets that have 25 MPH speed limits in the City to which Mr. Bennett answered there are approximately 12 to 14 street. Councilmember Wofford made a motion that Council approve the reduction of the speed limit to 25 MPH. Motion was seconded by Councilmember Kendrick. Councilmember McBryde and Mr. Smith reminded Council that the Policy Committee had brought a recommendation to Council which Council adopted making it a City Policy to follow the Uniform Traffic Guidelines. Mayor Dawkins called for the vote. The motion failed 8 to 1 with Councilmember Wofford voting in favor. 7. Consideration of award of contract for lighting system for Honeycutt Recreation Center in the amount of $68,779.00. City Manager John Smith presented this item. Mr. Smith advised this is part of the capital funds that were appropriated to the Parks and Recreation Advisory Commission for improvements. It is recommended that the bid be awarded to Isenberg Electric, Inc., the lowest responsible bidder. A motion was made by Councilmember Thompson and seconded by Councilmember Ross to award the bid to Isenberg Electric, Inc. Vote was unanimous. 8. Consideration of award of contract for purchase of side-mounted mower in the amount of $13,818.00. Councilmember McBryde made a motion to award the bid to Vause Equipment Company, Inc. Motion was seconded by Councilmember Kendrick. Mayor Pro Tem Evans asked why was there only one bid submitted. Mr. Smith answered the bid was advertised in the paper and four sets of specifications were sent out. Following further discussion of the bidding procedures, Mayor Dawkins called for the vote on Councilmember McBryde's motion. The vote was unanimous. 9. Consideration of Resolution setting public hearing to consider paving of Lone Pine Drive without petition. This item was presented by City Engineer Robert Bennett. Mr. Bennett advised a petition with six signatures was submitted which was far from adequately representing a majority of the property owners. This item was placed on the agenda to determine if Council wished to consider setting a Public Hearing. Mr. Bennett stated Lone Pine Drive needs to be paved as it is an area where sand is very loose, requiring an abnormal amount of maintenance. Mr. Bennett also informed Council that they would need to determine if this matter should be considered under the old policy of $4.00 per foot. The petition is dated December 30, 1987, and was received by the Engineering Department on December 31, 1987. Councilmember Kendrick made a motion to adopt the Preliminary Resolution requiring the paving without petition at the $4.00 per foot amount and setting a Public Hearing for February 16, 1988. Motion was seconded by Councilmember Torrey and vote was unanimous. The Resolution title is as follows: PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF LONE PINE DRIVE. RESOLUTION NO. R1988-17. A copy of the foregoing Resolution is on file in the City Clerk's office in Resolution Book R1988. 10. Consideration of proposed 1988 Sidewalk Band Project. This item was presented by City Engineer Robert Bennett. He asked for guidance from Council on which Bond Sidewalk Project they wished to be accomplished in 1988. The McPherson Church Road Project was suggested. This would be the second sidewalk project using Bond Fund. Councilmember Wofford made a motion to approve McPherson Church Road Sidewalk Project. Motion was seconded by Councilmember McBryde. Councilmember Pillow asked if the shorter streets were selected would not more of the citizens' needs be met who voted on the Bond Referendum. Mayor Pro Tem Evans offered a substitute motion that this matter go before the Streets, Roads, and Transportation Committee. Motion was seconded by Councilmember Pillow. Councilmember Kendrick stated that at the last Streets, Roads, and Transportation Committee meeting, high emphasis was put on the McPherson Church Road Project. Mr. Bennett noted that one thing they considered was that the majority of the right-of-way on McPherson Church Road is available. Mr. Bennett also stated all of the Bond Financed Sidewalk Projects are important and they plan to have all the projects under contract before the end of the calendar year 1989. Following further discussion, Mayor Dawkins called for a vote on the substitute motion. The substitute motion failed with a vote of 5 to 4 with Mayor Pro Tem Evans and Councilmembers Ross, Pillow, and Thompson voting in favor. Mayor Dawkins then called for a vote on the original motion to approve McPherson Church Road as the next Bond Financed Sidewalk Project. Motion carried with a vote of 6 to 3 with Mayor Pro Tem Evans and Councilmembers Pillow and Ross voting against. 11. Appointments: Nominations to fill unexpired term on Board of Appeals. Councilmember McBryde nominated Mr. Edward L. Bryant contingent upon Mr. Bryant being a resident of the City. 12. Administrative Reports: A. Statement of taxes collected for month of December 1987 from Cumberland County Tax Collector. Report submitted by City Manager. B. Report on disposal of surplus property. Report submitted by Administrative Services Director. C. Report on bond projects. The City Manager directed Council's attention to the Street Resurfacing Report. Mr. Smith advised they anticipate the State awarding some large contracts soon and we would like to get our bids in ahead of them. This means we would have a Bid Opening on February 9th and award the contracts at the February 16th Council Meeting. A list of the streets is not available at this point, but will be presented at the February 1st meeting. D. Report on snow and ice removal operations. Mr. Smith advised the City employees performed admirably well in this unusual situation. Within the first 7 hours of the snowstorm the Police Department had responded to 183 traffic accidents. Over the five-day period, there were over 300 accidents reported. The Fire Department responded to 136 alarms. Mr. Smith informed that the overtime cost alone for the City was approximately $40,000. There were some lessons learned such as: found the Central Communications Center to be very helpful, need better communication with the public as to what the City can do and what the City cannot do, need person or persons in Communications Center just to handle the inquiries, communicate closer with the TV stations and radio stations. Mr. Smith again commended those employees involved. Councilmember Pillow asked if any survey is being done as to which streets would have priority for needed repairs created by the snow. Mr. Pillow advised he had received 10 calls on one particular street. Mr. Smith answered that Mr. Bennett had already indicated to him that this was something that needed to be looked at in relation to the resurfacing list. Councilmember Ross asked what suggestions Council has to help those citizens that are in the City but are without water and sewer services. Mayor Dawkins responded that he would like to form a committee to look into City services. This committee would include representatives from the City Council as well as representatives from Administration, PWC, and Engineering. Mayor Dawkins stated if he received no objections from Council, he will form this committee within the next few days. Mr. Smith added it was discussed at the staff budget meeting to use some Community Development funds in combination with other funds to help in this area. E. Consideration of Spell litigation. Mr. Cogswell stated the City's petition has been denied by the Supreme Court. On the advice of the City's attorneys in Raleigh, Mr. Cogswell recommended not asking for a re-hearing. According to the Clerk's office, the judgment would be $1,178,626.24 which includes interest, and attorneys' fees would be $283,575.83 which includes interest, making a total due of $1,462,202.07. Mr. Cogswell recommended that the City pay the judgment with interest and the attorneys' fees with interest tomorrow and that the City not petition the Court for a re-hearing of the latter. Councilmember Kendrick moved that Council follow the recommendations of the City Attorney, seconded by Councilmember Ross and carried unanimously. Motion having been made and seconded, Council entered executive session for a property transaction matter at 9:25 p.m. Council reconvened into regular session at 9:30 p.m. The City Attorney recommended that council authorize the Mayor to execute an option to purchase the property of Mrs. Frances R. Adams located on the Cross Creek near its intersection with Ray Avenue and Mason Street, and being described in Deed Book 664, Page 144. The option to be for a period of 200 days which ends at 5:00 p.m. the 31st day of July, 1988, and for an option amount of $20.00. Councilmember Wofford made a motion to follow recommendation of City Attorney, seconded by Councilmember Kendrick, and carried 8 to 1 with Councilmember Ross voting against. There being no further business, the meeting was adjourned at 9:36 p.m. INFORMATION MEETING MONDAY, JANUARY 25, 1988 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, JANUARY 25, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Horace K. Thompson, Jr., Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, Milt Wofford, 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 Manage for Staff Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order and City Attorney Cogswell offered the invocation. Mayor Dawkins led the audience in the Pledge of Allegiance to the American Flag. The first item for discussion was the 1987-88 Audit Report. Mayor Dawkins recognized City Manager John P. Smith, who introduced John Huyett with Peat Marwick, the City's independent auditors. Mr. Huyett reviewed the financial statements and the audit report. Councilmember Wofford requested that the staff forward the monthly financial statement from PWC to the City Council. Councilmember McBryde asked Mr. Huyett if there were a magic fund balance equation. Mr. Huyett replied that the Local Government Commission recommends approximately 8½% of the annual operating budget. Councilmember Evans suggested consideration of an internal auditor's position, independent of the Finance Department. Mayor Dawkins then recognized George Vaughan, Director of the Cumberland County Joint Planning Board, for an update on several matters involving the Planning Board and staff. Mr. Vaughan first reviewed the status of manufactured housing legislation and proposed regulations. Mr. Vaughan next reviewed the proposed thoroughfare plan amendments. After a considerable discussion by the Council, Council unanimously agreed to hear comments from the audience. The following people appeared: A. Patricia Keller, Montclair Subdivision, opposing the proposed corridor from Morganton Road to Cliffdale Road. B. J. P. Riddle, Winterlochen Drive, stating opposition to the location and size of the proposed thoroughfare, but not opposition to the connector itself. Mr. Riddle proposed giving right-of-way to the City and constructing two lanes of the road if the City were to add the three additional lanes. C. Clinton Harris, 4713 Watauga Road, proposing tieing Campground Road with the exit ramp at the All American Expressway. Upon motion by Councilmember Pillow, seconded by Councilmember Wofford, Council voted unanimously to refer the proposed thoroughfare plan amendments to the Streets, Roads, and Transportation Committee. Council asked that all interested parties, including those on the Joint Planning Board mailing lists, be notified of any hearing the committee might have on these amendments. The next item for discussion was an update on the status of planning staff efforts on the County's comprehensive plan. Mr. Vaughan indicated that it appeared the plan would be complete in late 1988-89. Currently the base map is under preparation, base year (1987-88) population estimates are underway, standards for services are being collected, and staff/citizen committees have been appointed. Mr. Vaughan then updated the Council on the status of the Haymount Area Plan. He stated that a major concern was the traffic circulation plan in the Hay/Branson area. The impact of the CBD construction to begin in spring, 1988 should be considered. The staff is proceeding with a re-evaluation of this plan and will be presenting its results to the public and the Council. Mr. Vaughan then discussed a proposal by the Council for the planning staff to review zoning and subdivision fees. Mr. Vaughan stated that their review of these fees were almost complete and that they would be bringing a recommendation of the staff and the Board to the Council in the near future. Upon motion by Councilmember Ross, seconded by Councilmember Pillow, Council voted unanimously to convene into executive session for the purpose of discussing litigation. Upon returning from executive session, the meeting was adjourned. REGULAR MEETING MONDAY FEBRUARY 1, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY FEBRUARY 1, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large). Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Staff Robert C. Cogswell, Jr., City Attorney Gordon Allen Mitchell, Assistant City/County Planning Director Robert M. Bennett, City Engineer Tim Wood, PWC Manager Henry Powers, Superintendent of Water/Sewer Operations, PWC Jack Wilson, Parks and Recreations Director Robert Barefoot, Park Superintendent Sandy Saunders, Chairman, Parks and Recreation Advisory Commission David Nash, Annexation Studies Coordinator Members of the Press Mayor Dawkins called the meeting to order and the invocation was offered by Bishop Jerry Porter, United Gospel Fellowship Church, followed by,the Mayor leading the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins called Anna Newton to come forward and presented her with the Fayetteville City/County Youth Council and Fayetteville Kiwanis Club Youth of the Month Certificate and Savings Bond for her excellent character, outstanding leadership, and community service. Mayor Dawkins then called forward Sandy Saunders, Chairman of the Parks and Recreation Advisory Commission; the park rangers present in the audience; Robert Barefoot and Jack Wilson. Mayor Dawkins presented them with a plaque signed by Governor James G. Martin for the “State Take Pride in American Award” for taking first place in local government for distinguishing service in promoting stewardship of North Carolina and Cultural resources. This also puts Fayetteville Parks and Recreation in the running for number one in the nation. Mr. Saunders expressed his appreciation on the behalf of everyone, however, he gave credit to the park rangers who did all the work. Mr. Saunders also presented the Mayor a photograph of him receiving the award from the Governor. Mr. Smith stated that a correction should be made to the agenda on Item 2.H. The wording on the agenda is incorrect but the backup material is correct. The wording for Item 2.H. should be: Award of contract for construction of 36-inch water main from Murchison Road to Morganton Road water tank, to T. A. Loving Company, the low bidder. (PWC) 1. Approval of Agenda. Councilmember Pillow offered motion to approve the agenda with the correction to Item 2.H., seconded by Councilmember McBryde and carried unanimously. Mayor Dawkins stated that due to the course for new Councilmembers at the Institute of Government this month, he suggested that the information meeting on February 22 be used for goal setting. Mayor Pro-Tem Evans offered motion, seconded by Councilmember Kendrick and carried unanimously by voice vote, to have the goal-setting session at the regular information meeting, changing the time and location to 6:15 p.m. at the sanitation Conference Room. 2. Consent: Councilmember McBryde offered motion to approve the consent agenda and adopt the resolution and budget ordinances, and to change Item 2.H. as recommended, seconded by Councilmember Torrey and carried unanimously. A. Approval of minutes of regular meeting of January 19, 1988. B. Approval of minutes of information meeting of January 25, 1988. C. Set public hearing for March 7, 1988, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Article VIII “District Sign Regulations” and Article IX “Administration and Enforcement” addressing the enforcement of the portable signs regulations within the City limits. (P88-5) D. Set public hearing for March 7, 1988, to consider paving of Varrene Street from Cain Road to Dead End. PRELIMINARY ASSESSMENT. RESOLUTION NO. R1988-18 E. Adoption of Budget Ordinance Amendment Changes 88-14, 88-15, 88-16 and 88-17. F. Award of contract for purchase of one cab and chassis with aerial lift, and one hydraulic derrick line to Baker Equipment Engineering Company, the low bidder. (PWC) Bids were received December 15, 1987, as follows: Cab & Chassis Hydraulic Derrick w/Aerial Lift Line Truck Baker Equipment Company $60,067.00 $152,810.00 Edmac Truck Sales $61,206.00 $160,296.00 Smith International $63,275.79 No Bid LaFayette Ford $63,926.00 $158,177.00 Owsley & Sons *$47,210.00 *$124,076.00 *Does not meet specifications. G. Award of contract for purchase of eight 4,800 GVW pickup trucks, seven 8,600 lb. GVW Cab and Chassis with utility bodies, and one 4-wheel drive pickup to LaFayette Ford, the low bidder. (PWC) 4,800 lb. 8,600 lb. 4-Wheel Pickup Cab & Chassis Pickup LaFayette Ford $65,919.00 *$88,450.00 $11,998.00 Patrick Ford $66,170.00 $91,768.00 $12,019.00 Bleeker Motors $71,139.50 $92,772.00 $12,451.59 Edmac Truck Sales $73,420.00 $92,728.00 $12,127.00 H. Award of contract for construction of 36" water main from Murchison Road to Morganton Road water tank, to T.A. Loving Company, lower bidder. (PWC) Bidder Total Bid T.A. Loving Co. $1,391,304.00 Goldsboro, N.C. Slaughter Construction $1,451,343.00 Gulf Shores, Ala. Dellinger, Inc. $1,469,244.18 Monroe, N.C. Yates Construction $1,512,024.76 Stokesdale, N.C. Howard Management Group, Inc. $1,598,508.00 Greensboro, N.C. W.E. Blackmon Construction Co. $1,601,085.20 Smithfield, N.C. Trans-State construction, Inc. $1,680,127.00 Denver, N.C. State Utility Construction, Inc. $1,690,518.60 Monroe, N.C. Don Morhead Construction Co. $1,768,688.02 Anderson, S.C. Carlisle Contractors, Inc. $1,940,826.79 Autryville, N.C. Roanoke Construction Co. $1,997,260.00 Roanoke Rapids, N.C. W.M. Paris & Associates, Inc. $2,101,045.30 Charlotte, N.C. Bryant Electric Co., Inc. $2,184.531.60 High Point, N.C. I. Award of contract for construction of Combined Cycle Phase II Water and Sanitary Sewer mains extensions from River Road to Cape Fear River to Carlisle Constructors, the low bidder. (PWC) Bids were received January 26, 1988, as follows: Carlisle Constructors $631,553.80 Dellinger, Inc. $735,341.25 Yates Construction Co., Inc. $737,740.00 T.A. Loving Co. $744,160.24 Frank Horne $781,605.50 W.E. Blackmon $817,605.50 Mayor Dawkins advised the audience of the Council's policy for a 15-minute time limit on the public hearings. 3. Public Hearings: A. Consideration of an application by Heritage Plan Health Care Center for a special use permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-25 to locate a nursing home in a R5 Residential District for an area located on the east side of Ann Street, south of Grove Street. (P87-154) Al Mitchell presented this item and stated that the Planning Board recommends approval with the conditions stated in the memorandum in the packet. He further stated that after the public hearing, any motion to approve would have to include the two findings that the proposals fit in with the character of the area and that it would not be detrimental to the surrounding neighborhood. Mayor Dawkins then opened the public hearing and recognized Stephanie Johnson, Administrator of Heritage Place, the petitioner in favor. There were none appearing against the request. Councilmember McBryde offered motion to conditionally approve, finding that the proposed use fits in with the character of the area and that it will not be detrimental to the surrounding neighborhood, seconded by Councilmember Bolton and carried unanimously. B. Consideration of assessing utilities and street construction of Purdue Drive/Cheselka Street: 1. For paving from Breezewood Avenue to an unnamed creek as shown on Ducks' Nest, Section l plat, recorded in Plat Book 47, Page 60, Cumberland County Registry. This item was presented by City Engineer Bennett. The public hearing is for consideration of the installation of water and sewer utilities and paving on the $4.00 per foot rate per the City policy. The portion of Cheselka Street from Raeford Road to Breezewood Drive would not be assessed since it was paved with City standard construction and assessed several years ago. This portion would be reconstructed to feeder street standards. Also, the Purdue Drive was constructed by the developer (with City participation) to City standards several years ago. This is one of the street improvement projects specifically listed on the bond issue, therefore, bond funds are available. All property owners involved have been notified in writing of the public hearing. There were none appearing to speak in favor of this item. Ms. Sue Bandy appeared in opposition making reference to a letter sent through the mail to the Councilmembers and City Clerk of her objections. A summary of her objections in the letter was that although she believes this will relieve traffic, this should not put a burden on property owners. They should be amply compensated for property taken and not be required to pay for the convenience of the whole City. Mr. Smith stated, for the record, when Council adopted the policy on the 30 percent discounts, he recalled that it was the action to review that policy at the end of the fiscal year. He stated we have been operating under the assumption that any resolutions adopted prior to any possible revision of that policy would carry with it the 30 percent discount and the $4.00 rate. Mr. Cogswell also requested to clarify that the property in question will be worth a lot more after this work is done. These circumstances should be considered in the value that is paid in a condemnation through the courts. Following some further discussion, Councilmember Evans offered motion to adopt the resolution paving Breezewood Avenue to an unnamed creek as shown on Ducks' Nest, Section 1, recorded in Plat Book 47, Page 60, Cumberland County Registry, seconded by Councilmember Thompson and carried unanimously. The resolution title is as follows: FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF PURDUE DRIVE/CHESELKA STREET FROM BREEZEWOOD AVENUE TO AN UNNAMED CREEK AS SHOWN ON DUCKS' NEST, SECTION 1, PLAT BOOK 47, PAGE 60, CUMBERLAND COUNTY REGISTRY. RESOLUTION NO. R1988-19 2. Water and sanitary sewer utilities from Gordons Way to an unnamed creek as shown on Ducks' Nest, Section 1 plat, recorded in Plat Book 47, Page 60, Cumberland County Registry. Mr. Wood clarified that anyone who has utilities already will not be assessed water and sanitary sewer utilities. There was no one appearing for or against this item. Councilmember Wofford offered motion to adopt the resolution assessing water and sanitary sewer utilities from Gordons Way to an unnamed creek as shown on Ducks' Nest, Section 1, recorded in Plat Book 47, Page 60, Cumberland County Registry, seconded by Councilmember Kendrick and carried unanimously. The resolution title is as follows: FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, INTO PURDUE DRIVE/CHESELKA STREET BETWEEN GORDONS WAY AND UNNAMED CREEK AS SHOWN ON PLAT OF DUCKS' NEST, SECTION 1, PLAT BOOK 47, PAGE 60, CUMBERLAND COUNTY REGISTRY. RESOLUTION NO. R1988-20 Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988 Consideration of closing Anarine Road between Lyon Road and the southern margin of Lot 3, Block “H,” Greenwood Homes Section 5, Part 2, as recorded in Plat Book 20, Page 25, Cumberland County Registry. Mr. Bennett stated that the City received a petition for officially closing a portion of Anarine Road and received an adequate paving petition for the remaining portion of Anarine Road. Right-of-way is also being offered to the City for a circular cul-de-sac. Anarine Road between McKimmon Road and Lyon Road has never been opened to traffic. Following some questions and answers concerning the lots shown on the displayed map, Mr. Cogswell recommended that Council's motion would be subject to the owners of Lot 2 and 3 (west side of Anarine) sign a statement that they waive any rights pursuant to State Closing Statute. If the street is closed and those owners signed the waiver, there will only be one house built in there and that would be on Lot 1. They could recombine Lots 1, 2, and 3 into one ownership and have one lot. We do not enforce covenants but they would not be able to obtain a building permit to build on 2 and 3 because of City code. Mayor Dawkins opened the public hearing and recognized Mr. W. T. Hall, 7100 Redfield Court, owner of Lots 2 and 3 on the east side, who is in favor of the closing of that portion of Anarine Road. Mr. Hall feels that this would be the best all around solution and cheapest for the City. There was no one to appear in opposition. Following lengthy discussion, Councilmember Kendrick offered motion to adopt the resolution and order closing Anarine Road with the stipulation that the property owners waive their rights under General Statute 160A-299 in writing, seconded by Councilmember Pillow and carried unanimously. The resolution title is as follows: RESOLUTION AND ORDER CAUSING ANARINE ROAD. RESOLUTION NO. R1988-21 A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. D. Consideration of paving Anarine Road from McKimmon Road to a proposed cul-de-sac. petition received December 20, 1987. Mr. Bennett presented this item and stated that the adjoining property owners have been notified and it was advertised under the $4.00 per front foot rate. There was no one to appear for or against this paving. Councilmember Wofford offered motion to adopt the resolution to pave Anarine Road from McKimmon Road to a proposed cul-de-sac, seconded by Mayor Pro-Tem Evans and carried unanimously. The resolution title is as follows: RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (PAVING ANARINE ROAD). RESOLUTION NO. R1988-22 Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. 4. Consideration of request from J. Lewis Johnson to address City Council. Mr. Johnson resides at 1431 Habersham Drive and is the director of The Johnson Center, Inc., a non-profit corporation to aid women following alcohol abuse treatment. He is requesting a one-time grant of $3,000 from the City to help establish the home and keep it operational until they can meet government standards and be aided by the Mental Health Department. Council was very sympathetic, however, at this time feels the City is unable to assist financially. 5. Consideration of Resolution confirming assessment roll and levying assessments for paving, sanitary sewer and water extension for Hilton Drive from 71.41 feet Northwest from Lot 42, Plat Book 22, Page 24, Southwestern Corner Lot 4, Plat Book 25, Page 8. Mr. Cogswell stated that at the time of the public hearings on the Hilton Drive assessments, Mr. Carl Barbour appeared in opposition stating that he would not benefit from this assessment. He was advised that if Council determined that he was not benefited, adjustments could be ode. PWC Manager, Tim Wood, appeared before Council and stated that since this is vacant land, it can be subdivided and water and sewer connections would benefit Mr. Barbour's property. Councilmember Wofford moved to adopt the assessment resolution, seconded by Mayor Pro-Tem Evans and carried unanimously at 8:55 p.m. The resolution title is as follows: RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS. RESOLUTION NO. R1988-23 A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. 6. Consideration of resolution confirming assessment roll and levying assessments for paving, sanitary sewer and water extension for the southern portion Hilton Drive from Rosehill Road to 71.41 feet northwest from Lot 42, Plat Book 22, Page 24; northern portion of Hilton Drive from Rosehill Road to southwestern corner Lot 4, Plat Book 25, Page 28. Councilmember Wofford offered motion to adopt the assessment resolution for paving, sanitary sewer and water extension for the southern portion of Hilton Drive from Rosehill Road to 71.41 feet northwest from Lot 42, Plat Book 22, Page 24; northern portion of Hilton Drive from Rosehill Road to southwestern corner Lot 4, Plat Book 25, Page 28, seconded by Councilmember Thompson and carried unanimously at 8:52 p.m. The Resolution title is as follows: RESOLUTION CONFIRMING ASSESSMENT ROLLS AND LEVYING ASSESSMENTS. RESOLUTION NO. R1988-24 A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. 7. Consideration of the following revisions to Section 20-106 of the Fayetteville City Code: A. Traffic Schedule No. 11 - Parking Prohibited along Ann Street. Following some discussion, Mayor Pro-Tem Evans offered motion, seconded by Councilmember Ross, to adopt the traffic schedule ordinance. Following some further discussion, Councilmember Kendrick offered a substitute motion to delay action until more information could be received from the Police Department, seconded by Councilmember Wofford, and the substitute motion carried 5 to 4 with Councilmembers McBryde, Thompson, Bolton, Wofford and Kendrick Voting for and Councilmembers Evans, Torrey, Pillow and Ross voting against. B. Changing On-Street No. 6 - Stop Intersections. Ordinance No. S1988-3 AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Fayetteville that Section 20-89 of Chapter 20, Parking Zones, is deleted in its entirety and the following is substituted in its place: Sec. 20-89 - Parking Zones: Traffic Schedule No. 13 (referred in Sec. 20-106) is hereby designated as “Downtown Business District Parking Zones.” All streets formerly designated in Schedule No. 13 - Parking Meters are hereby incorporated into Section B - Two Hour Zones. Also established under Schedule No. 13 are Section A - One Hour Zones and Section C - One-half hour Zones. Said schedule is on file in the office of the City Clerk and the City Engineer. Any reference in existing Schedule No. 13 to parking meters is hereby deleted. This ordinance shall be in full force and effective February 19, 1988. ADOPTED this the 1st day of February, 1988. CITY OF FAYETTEVILLE Signed by: J. L. Dawkins, Mayor ATTEST: Signed by: Bobbie A. Joyner, City Clerk ORDINANCE NO. S1988-4 AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Fayetteville that Section 20-106 of Chapter 20, “Motor Vehicles and Traffic,” is hereby deleted in its entirety and the following substituted therefore: Sec. 20-106. Traffic schedules adopted; City Manager authorized to compile. The following traffic schedules, compiled under the direction of the City Manager, and kept on file in the office of the City Manager, City (Traffic) Engineer and Police Department, are hereby adopted and made a part of this chapter: No. 1 - Bus Stops No. 2 - Turn Control No. 3 - Reserved No. 4 - Reserved No. 5 - Reserved No. 6 - Stop Intersections No. 7 - One-Way Streets No. 8 - Speed Control No. 9 - Through Truck Routes No. 10 - Loading Zones No. 11 - Parking Prohibited No. 12 - 1 Hour Parking - Outside Downtown Business District No. 13 - Downtown Business District Parking Zones No. 14 - Yield Right-Of-Way No. 15 - Local Truck Routes No. 16 - Prohibition of Right Turn on Red Signal No. 17 - Restricted Parking No. 18 - Fire Lanes This ordinance shall be in full force and effective February 19, 1988. ADOPTED this the 1st day of-February, 1988. CITY OF FAYETTEVILLE Signed by: J. L. Dawkins, Mayor ATTEST: Signed by: Bobbie A. Joyner, City Clerk Ordinance No. NS1988-1 AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Fayetteville that Section 20-106 of Chapter 20, “Motor Vehicles and Traffic,” is hereby amended to read as follows: Sec. 20-106. Traffic Schedule Number 13 - section A - One Hour Zones There is hereby rescinded from said schedule the following: STREET FROM TO Bow Street Person Street Green Street Franklin Street Person Street Pittman Street Hay Street Green Street Pittman Street Old Street Green Street Hay Street Person Street Bow Street Green Street Russell Street Donaldson Street Dick Street This ordinance shall be in full force and effective February 19, 1988. ADOPTED this the 1st day of February, 1988. CITY OF FAYETTEVILLE Signed by: J. L. Dawkins, Mayor ATTEST: Signed by: Bobbie A. Joyner, City Clerk Ordinance No. NS1988-2 AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Fayetteville that Section 20-106 of Chapter 20, “Motor Vehicles and Traffic,” is hereby amended to read as follows: Sec. 20-106. Traffic Schedule Number 13 - Section B - Two Hour Zones There is hereby added to said schedule the following: STREET FROM TO Bow Street Person Street Ann Street Franklin Street Gillespie Street Winslow Street Hay Street Ray Avenue Bragg Boulevard Old Street Green Street Hay Street Person Street Bow Street Green Street Russell Street Dick Street Winslow Street This ordinance shall be in full force and effective February 19, 1988. ADOPTED this the 1st day of February, 1988. CITY OF FAYETTEVILLE Signed by: J. L. Dawkins, Mayor ATTEST: Signed by: Bobbie A. Joyner, City Clerk Ordinance No. S1988-5 AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Fayetteville that Section 20-90 of Chapter 20, “Motor Vehicles And Traffic,” is hereby deleted in its entirety and the following substituted therefore: Sec. 20-90. Spaces - Marked. The City Engineer or his authorized representative is hereby directed and authorized to mark off individual parking spaces in the parking zones designated and described in Schedule 13 listed in Sec. 20-106 and in such other zones as may hereafter be established, said parking spaces to be designated by lines painted or durably marked on the curbing or surface of the street. This ordinance shall be full force and effective February 19, 1988. ADOPTED this the 1st day of February, 1988. CITY OF FAYETTEVILLE Signed by: J. L. Dawkins, Mayor ATTEST: Signed by: Bobbie A. Joyner, City Clerk Ordinance No. NS1988-3 AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Fayetteville that Section 20-106 of Chapter 20, “Motor Vehicles And Traffic,” is hereby amended to read as follows: Sec. 20-106. Traffic Schedule Number 13 - Section C - One-Half Hour Parking There is hereby added to said schedule the following: Green Street - West side - Beginning 114 feet north of northern back of curb Mason Street; thence 142 feet north. East side - Beginning 102 feet south of southern back of curb Bow Street; thence 67 feet south. Mason Street - North side - Beginning 36 feet west of western back of curb Green Street; thence 149 feet west. Union Street - East side - Beginning 184 feet north of northern back of curb Mason Street thence 44 feet north. Beginning 270 feet north of northern back of curb Mason Street; thence 158 feet north. West side - Beginning 95 feet north of northern back of curb Mason Street thence 157 feet north. This ordinance shall be in full force and effective February 19, 1988. ADOPTED this the 1st day of February, 1988. CITY OF FAYETTEVILLE Signed by: J. L. Dawkins, Mayor ATTEST: Signed by: Bobbie A. Joyner, City Clerk C. Traffic Schedule No. 6 - Stop Intersections. Ordinance No. NS1988-4 AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AN TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Fayetteville that Section 20-106 of Chapter 20, “Motor Vehicles And Traffic,” is hereby amended to read as follows: Sec. 20-106. Traffic Schedule Number 6 - Stop Intersections There is hereby added to said schedule the following: STREET STOPS AT Lakefield Court Ferncreek Drive Ravencroft Court Ferncreek Drive Woodstone Court McChoen Drive This ordinance shall be in full force and effective February 1, 1988. ADOPTED this the 1st day of February, 1988. CITY OF FAYETTEVILLE Signed by: J. L. Dawkins, Mayor ATTEST: Signed by: Bobbie A. Joyner, City Clerk Councilmember Wofford introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross and carried unanimously. 8. Consideration of adoption of a resolution to acquire right-of-way for Sycamore Dairy Road widening - Parcel N-4. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (SYCAMORE DAIRY ROAD WIDENING - PARCEL N-4). RESOLUTION NO. R1988-25 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 R1988. 9. Report from Streets, Roads and Transportation Committee. Councilmember Kendrick submitted minutes of the January 27, 1988, Streets, Roads, and Transportation Committee meeting in the agenda packet. He stated this meeting was mainly to set goals for the coming year. The City Manager stated that the list of streets that was submitted have a few added to the already bond-funded street repair due to snow freezing damage. Councilmember Pillow offered motion to approve the list of streets to be repaired and resurfaced, seconded by Mayor Pro-Tem Evans and carried unanimously. (A copy of the list of streets is attached and made a part of these minutes.) 10. Consideration of amendment to Lease-Purchase Agreement between the City of Fayetteville and First Union National Bank. The City Manager presented this item and stated that they are recommending the lease/purchase arrangement because it will spread the cost over several years, thereby enhancing our current cash flow situation. Councilmember Pillow offered motion to enter the lease and authorize City Manager to execute agreement, seconded by Councilmember Bolton and carried unanimously. The Certificate of Resolution and Incumbency is as follows: WHEREAS, the City has entered or is entering an Equipment Lease/Purchase Agreement dated April 26, 1982, and a Commitment Letter dated January 21, 1988, with First Union National Bank of North Carolina; NOW, THEREFORE, be it RESOLVED that the Agreement and Letter be, and is hereby approved and that the action of the official or officials of the City in signing the Agreement and Letter 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 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) names 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 and (ii) such officers have the authority on behalf of the City to enter into all documentation connected with the Equipment Lease/Purchase Agreement. Signed by: J. L. Dawkins, Mayor Signed by: John P. Smith, City Manager Signed by: Sonja Richardson, Investment Analyst 11. Consideration of Adoption of Annexation Reports A. Area 1 (Kinwood-Heather Ridge) Assistant City Manager Stancil presented this item and stated that a typographical error had been made in the legal description of the resolution of intent previously adopted. On line 6 “southwest” should read “northwest.” Mr. Stancil stated that the Annexation Report had the correct wording. He further stated that corrections need to be made on Attachment 6a, Impact Statement of Fire District. In Part I, Section 5, the reduction of area of fire districts should be .49% instead of .57%. Item 6, the reduction of population should be 5.43% instead of .085%. In Part II, Item 8, the average response time from the City Fire Station No. 3 is .05 minutes and this should be 5 minutes. Item 9 should read 6 minutes instead of .06 minutes. Mr. Stancil stated that David Nash has done yeoman's work in putting this report together and assembling information provided by other departments. A copy of this statement is displayed in the City Clerk's office for public viewing and they are recommending adoption of the Annexation Reports. After examination and discussion of the report of plans for extending services to the area to be considered for annexation under Resolution No. R1988-10, adopted the 4th day of January, 1988, Councilmember McBryde moved approval of the report with corrections, seconded by Councilmember Wofford and passed, 7 to 2 with Councilmembers Ross and Torrey voting against. B. Area 2 (Raleigh Road Island) Mr. Stancil stated corrections needed to be made to this item also. On Attachment 6a, Item 5, reduction in area should be .04% instead of .003%. Item 6 refers to the reduction in the population and should be .14% instead of .001%. Part II, Page 5, Item 8, our response time should be 5 minutes instead of .05 minutes and in Item 9, the average response time should be 5 minutes instead of .05 minutes. After examination and discussion of the report of plans for extending services to the area to be considered for annexation under Resolution No. R1988-11, adopted the 4th day of January 1988, Mayor Pro-Tem Evans moved approval of the report with the corrections, seconded by Councilmember Thompson and passed 7 to 2 with Councilmembers Ross and Torrey voting against. 12. Consideration of the following Resolutions stating the intent of the City of Fayetteville to consider annexation of the areas described therein and fixing the date of public hearing on the question of annexation: A. Area 10 (Village Drive - Glenridge Road) (March 21, 1988, Public Hearing date) A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NC, TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (AREA 10 - VILLAGE DRIVE-GLENRIDGE ROAD). RESOLUTION NO. R1988-26 Councilmember Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 7 to 2 with Councilmembers Ross and Torrey voting against. B. Area 6 (Bragg Boulevard) (April 5, 1988, Public Hearing date) RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NC, TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (AREA 6 - BRAGG BOULEVARD). RESOLUTION NO. R1988-27 The foregoing resolution was introduced by Mayor Pro-Tem Evans, and moved its adoption, seconded by Councilmember Wofford and carried 7 to 2 with Councilmembers Ross and Torrey voting against. C. Area 7 (Yadkin Road) (April 5, 1988, Public Hearing date) RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NC, TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (AREA 7 - YADKIN ROAD). RESOLUTION NO. R1988-2B Councilmember Thompson introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 7 to 2 with Councilmembers Ross and Torrey voting against. D. Area 8 (Oaks-Shorewood-Hermitage) (April 5, 1988, Public Hearing date) RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, N.C. TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (AREA 8 - OAKS/SHOREWOOD/HERMITAGE). RESOLUTION NO. R1988-29 Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried 7 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 R1988. 13. Consideration of Resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended (Sycamore Square - Phase III. Recommended public hearing date is February 16, 1988). RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31. AS AMENDED. RESOLUTION NO. R1988-30 Mayor Pro-Tem Evans 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 R1988. 14. Appointments: A. Election of nominee to fill unexpired term on Board of Appeals. Edward L. Bryant, 712 Chadwick Road, Fayetteville, NC, 28301, was nominated by Councilmember McBryde to fill the unexpired term of Horace Humphrey to May of 1988. Councilmember Pillow offered motion to elect Mr. Bryant by acclamation. seconded by Councilmember McBryde and carried unanimously. 15. Administrative Reports: The City Attorney informed Council that his secretary (Jane Sheppard) had a baby girl on Friday and he has a temporary substitute secretary (Cheryl Lempke). Mayor Dawkins requested that Jeff Thompson of WFNC give a report on the hostage situation in Lumberton, NC. Mr. Thompson stated that they had surrendered, no one had been hurt, and the incident was over. Councilmember McBryde questioned the memo in the packet concerning the traffic signal operations at Burgess Street/Old Street and Anderson Street/Maiden Lane. Mr. Bennett responded that NCDOT is advising us that they would not have allowed these intersections to be a part of the signal system if the City was going to insist that they remain in the flashing mode and if they are to be taken out of the system then the City will have to reimburse them for approximately $7,300. Mayor Dawkins reminded everyone of the next meeting being on Tuesday, February 16, 1988, due to the Monday meeting being on Washington's Birthday holiday and the Information Meeting (Goal Setting) on February 22, 1988. Also, the City/County Liaison meeting will be on February 25, 1988. Councilmember Thompson announced a tentative schedule for the Property - Building and Grounds Committee meeting on February 17, 1988, at 7:00 p.m. There being no further business, the meeting was adjourned at 9:50 p.m. REGULAR MEETING TUESDAY, FEBRUARY 16, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, FEBRUARY 16, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Staff Robert C. Cogswell, Jr., City Attorney Robert M. Bennett, City Engineer Walter Hairs, Building Inspector David Nash, Annexation Studies Coordinator Tim Wood, PWC Manager Members of the Press Mayor Dawkins called the meeting to order and Reverend John Gupton, Second Baptist Church, offered the invocation, followed by the Mayor leading the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented flowers to Ann Marie St. George, Miss Teen Fayetteville. Miss St. George expressed appreciation to the Council for the wonderful job of recognizing the youth. She stated she was honored to be here to represent the teens of Fayetteville. 1. Approval of Agenda. Mayor Dawkins stated that the City Attorney had requested a brief executive session for litigation at the end of the meeting. Also there was a request for item 2(h) and (i) to be added to the consent agenda. The City Manager informed Council that item 3(b) had been advertised incorrectly for the public hearing for tonight. Mr. Bennett stated that three paragraphs had been omitted from the advertisement and he had notified those concerned that the public hearing would be rescheduled. Following some discussion on the upcoming meeting dates, March the 28th was recommended. The suggested date of March 21 for Item 2 (g) was also recommended to be changed to March 28. Councilmember Wofford offered motion to accept the Agenda with the recommended changes, seconded by Councilmember McBryde and carried unanimously. 2. Consent: Mayor Pro-Tem Evans requested to pull Item 2(d) for discussion, Councilmember Torrey requested to pull Item 2(f)(2) for discussion. Councilmember McBryde approved the consent agenda with the exception of Item 2(d) and 2(f)(2), change the date of the public hearing on Item 2(g) from March 21 to March 28, and adopt the Capital Project Ordinances, seconded by Councilmember Kendrick and carried unanimously. A. Approval of minutes of regular meeting of February 1, 1988. B. Award of contract for purchase of 8,600 pound GVW pickup truck to Patrick Ford, low bidder. (PWC) Bids were received January 5, 1988, as follows: Patrick Ford $15,671 Lafayette Ford $15,698 Bleecker Motors $15,760 Edmac Truck Sales $16,087 C. Award of contract for purchase of two 10,000 pound GVW cab and chassis with utility body to LaFayette Ford, low bidder (PWC) Bids were received January 5, 1988, as follows: Lafayette Ford $27,200 Patrick Ford $28,316 Bleecker Motors $29,000 Edmac Truck Sales $30,150 D. Approval of acceptance of deed to remove Cloud on Title. (This item pulled for discussion) E. Adoption of Budget Ordinance Amendment 88-18 and 88-19. F. Adoption of the following Capital Project Ordinance amendments: 1. 88-868 2. 88-844 (Pulled for discussion) G. Set public hearing for March 28, 1988, to consider Vanstory Street Conservation Area Plan (Program II). H. Approval of bid award for purchase of water pipe and sanitary sewer force main materials for Combined Cycle Phase III to American Cast Iron Pipe Company, low bidder. (PWC) Bids were received February 4, 1988, as follows: American Cast Iron Pipe Company $303,805.00 United States Pipe and Foundry Company $326,735.18 I. Approval of bid award for construction of the East Fayetteville Interceptor river crossing to Kinsey Contracting Company, low bidder. (PWC) Bids were received January 19, 1988, as follows: Kinsey Contracting Company (Dunn, NC) $362,968.00 Don Moorhead Construction, Inc. (Anderson, SC) $428,934.00 T.A. Loving Company (Goldsboro, NC) $467,000.00 2D. Approval of acceptance of deed to remove Cloud on Title. Mayor Pro-Tem Evans questioned that if we accept this and pay any amount of money, does the municipality have a responsibility for payment to any other parties that might be involved. The City Attorney responded that this is the only way he knows to do this and the $1 has already been paid. Mayor Pro-Ten Evans offered motion to approve the acceptance of the deed to remove the Cloud on Title, seconded by Councilmember Thompson and carried unanimously. 2F2. Adoption of Capital Project Ordinance Amendment 88-844: Councilmember Torrey stated that this is a good project, however, he feels that some type of shelter should be provided for the people who stand on Moore Street and Ray Avenue waiting to be picked up for odd jobs. Councilmember Ross and Mayor Pro-Tem Evans concurred. The Mayor stated he would have staff check into this request. Councilmember Torrey offered motion to adopt the Capital Project Ordinance Amendment 88-844, seconded by Councilmember McBryde and carried unanimously. Mayor Dawkins informed the audience of the policy on public hearings and time limits. 3. Public Hearings: A. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, North Carolina (pursuant to G.S. 160A-31, as amended) - (Sycamore Square - Phase III) This item was presented by Mr. Stancil stating that this was originally a part of Area 6. A petition has been filed to speed up the process from the June 30, 1988, date to an effective date of February 29, 1988. This is currently undeveloped and has zero population. Mayor Dawkins opened the public hearing, and there was no one to appear for or against this request. The public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE NORTH CAROLINA. ANNEXATION ORDINANCE NO. 88-2-303 Councilmember Wofford introduced the foregoing ordinance and made its adoption, seconded by Mayor Pro-Tem Evans, 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 1988. B. Consideration of Resolution ordering the paving of Samuel street from Dunn Road to eastern line Lot 1, Block “D,” Highland Acres, Plat Book 14, Page 50. This was changed to a preliminary resolution in order to reset the public hearing. PRELIMINARY RESOLUTION REQUIRING PAVING WITHOUT PETITION OF SAMUEL STREET. RESOLUTION NO. R1988-31. Councilmember Wofford offered notion to adopt the foregoing resolution setting a public hearing for March 28, 1988, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. C. Consideration of Resolution ordering paving of Lone Pine Drive without petition. The City Engineer stated that a petition had been submitted, out since there was not a majority of property owners signing the petition, this was offered for consideration without petition. He stated all adjoining property owners had been notified. Mayor Dawkins opened the public hearing and recognized Mr. Joseph Smith, 2606 Lone Pine Drive who stated he was in favor and had talked with 15 of the 18 property owners who stated they also were in favor. Mr. John Cline, 2701 Cumberland Road also was recognized in favor. Mr. Edmond Horn, property owner of 2618 Lone Pine Drive appeared stating that he had always been in favor of this paving. Mr. Horn questioned why the street had not been paved since it was brought into the City, also why the charge was changed from $1 per foot to $4 per foot. Mayor Dawkins responded that we have tried to get all of the streets paved that have been annexed, but there are still a few left to be paved. The response to the assessment fee, it has never been $1 per square foot. However, at one time it was 1/3, 1/3, 1/3, which was much more than $1 per square foot, then council adopted $4 per square foot (to the property owners). Recently it was changed to $10 per square foot, but this request came in before the $10 fee, therefore, it will be at the $4 rate. Also appearing in favor was Mr. Raymond Horton, 2518 Lone Pine Drive, who stated that there had been about four petitions being circulated and he feels that maybe that is the reason a petition with all of the names was not received by the Engineering Department. There being no further requests to speak in favor, Mayor Dawkins offered to recognize anyone in opposition to the paving. There being none, the public hearing was closed. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF LONE PINE DRIVE FROM CUMBERLAND ROAD TO CUMBERLAND ROAD. RESOLUTION NO. R1988-32. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. At this time, the City Attorney was recognized stating that an ad published in the newspaper for a public hearing for tonight and February 24 to consider what to do with Community Development funds had been publicly retracted changing those dates. However, if anyone did not see the retraction and had come to the meeting tonight on that matter, they should contact Mr. Richard Herrera tomorrow to get the new dates for the public hearing. 4. PWC Matters: A. Consideration of award of contract for purchase of one 9,200 pound GVW crew cab pickup truck, to Patrick Ford, low bidder meeting specifications. (PWC) Mr. Wood presented this item stating that the specifications were for heavy duty and a special eight cylinder was required. The low bidder was for a six cylinder. Therefore, they are recommending approval of the lowest responsible bidder meeting the specifications which would be Patrick Ford in the amount of $13,200. Bids were received January 5, 1988, as follows: Bleecker Motors *$12,080.00 Patrick Ford $13,200.00 Edmac Truck Sales $13,258.00 Lafayette Ford $13,265.00 *Did not meet specifications. Mayor Pro-Tem Evans offered motion to award to the lowest responsible bidder of Patrick Ford in the amount of $13,200, seconded by Councilmember Ross and carried unanimously. 5. Report from Dr. John Cavanagh on the Market House Building. Dr. Cavanagh began by saying, “Mayor Dawkins mentioned my credentials and I will simply say that I was trained in History at Dartmouth College for my Bachelor's degree, at Columbia University for my Master's degree, and at Duke University for my Doctorate, and I have taught at the University of Tennessee, at NCCU, briefly, I supervised Master of Arts candidates there years ago in Durham in History one summer. I'm now a visiting scholar at Duke, and have a permanent job in the north. I live in Lexington, Massachusetts, and teach at Suffolk University which is in Boston. “February has for many years been Black History Month, and our schools and our universities and colleges are, this month, stressing black accomplishments, black contributions to American History. February was picked probably because there are two very important birthdays in this month, one a black American, one a white American who have done a great deal to improve the lot of all black people. One of these a black man of great fame was Frederick Douglass, born February 7, 1817. He was the greatest of all black abolitionists, and a powerful black reformer. The other was a white man, Abraham Lincoln. He was born February 12, 1809, and was called, `Great Emancipator', as we all probably remember. “During the American Civil War, Frederick Douglass was a consultant of President Lincoln's, and Douglass successfully advocated that former slaves be armed to fight with northern armies. Lincoln adopted the advice. Frederick Douglass advised Lincoln that the war be made into a direct confrontation against slavery, and Lincoln, midway through the war, did that with the Emancipation Proclamation. So both of these people, Douglass and Lincoln, openly acknowledged on one hand what they could do to solve the nation a problems through, even if it were war to do this, they did that. But, both acknowledged the unmitigated evil of slavery which existed in Cumberland County and in Fayetteville. Frederick Douglass once said, `Slavery recalled to life my crushed self-respect and my self-confidence, and inspired me with a renewed determination to be a free man.' He also said this, `Neither race nor color represents a proper source of pride or complacency by itself. Achievement is the only excuse for pride in individuals or races.' Abraham Lincoln said, `My ancient face teaches me that all men are created equal and that there can be no moral right in connection with one man s making a slave of another.' He also said, `As I would not be a slave, so I would not be a master. This expresses my idea of democracy. Whatever differs from this to the extent of the difference is no democracy' - Neither of these famous Americans, Douglass or Lincoln, believed that humankind should dwell ad nauseam on the negative aspects or connotations alone of the black experience under slavery, which was finally abolished in 1865. Both men, I think, realized that an obsession with the past, or with the negative aspects of any phenomenon, would be counterproductive and very likely self-destructive. We can see that in history, I think, when we think about in our lifetime, some of us anyway, the career of Chancellor Adolph Hitler of Germany, with his obsessive emotions about Jewish people. It all ended in the bunker and in horror for him. In our own time more recently, President Botha of South Africa is learning something of the same lesson as he tries to capitalize on his obsessive emotions about blacks in his own country in and around Johannesburg. And yet, we can't discuss slavery today, especially in context of Cumberland County and in Fayetteville without a measure of deeply felt pain. “What are my conclusions then about the connection between slavery in the Market House bust behind me here? A connection does indeed exist. But it lasted only a third of a century, thank the Lord, from 1832, when the Market House was completed that May of the year, until slavery was abolished by the Thirteenth Amendment in 1865, that December. My research is based on about 200 issues of the Fayetteville Observer, which is the place where in a four-page newspaper, published once a week, advertisements would be placed for the sale of black human beings. Advertisements for the slaves could be found, generally I found these issues on microfilm, in the Cumberland County library or all to see, and also at Duke we have a large collection of the actual papers themselves. I found that these advertisements do provide the location of the sale, so that when I went into the Cumberland County and City court records of Fayetteville, the records revealed the sales took place but never revealed where they took place, which is something that doesn't directly help my research to try to tell the story of the Market House. What I have found is this; that for the third of the century between 1832 and 1865, the occasional infrequent and sporadic sale of slaves occurred in the Market House down on the plaza, the arcade below the meeting room. And usually the sales took place either in connection with the liquidation of an estate containing slaves upon the death of the owner, or in connection with selling a living owner's property, slaves included with other things, to satisfy his creditors, to pay taxes, generally to the city or County. And furthermore, my research revealed the inescapable conclusion that the Fayetteville Market Rouse was never an actual bona fide `Slave Market', per se. I'll explain this. The fact is neither Fayetteville nor Wilmington had an actual slave market. They were very small towns in comparison a the larger cities of the south that did in fact have slave markets. For instance, by the year 1850 at the height of the slave trade in the south about ten years before the war broke out between the north and the south, in 1850 Fayetteville's population was about 4,500 people. Wilmington only about 7,000. Now I'm saying neither of these had a slave market as such. I'll explain. But, which southern cities did have slave markets? The following all did, in fact, and I'll give you the populations of them in 1850: Washington, DC - 40,000; Norfolk, VA - 14,300; Richmond, VA - 27,500; Charleston, SC - 43,000 (rather larger); Savannah, GA - 15,400; New Orleans - the greatest of them all and the most horrible - 116,375 people. In North Carolina the population figures I've been giving would include 1/3 to 1/4 in that range of black citizens. I should say black people, they weren't given citizenship until the late 1860's with the Fourteenth Amendment. The fact is that these large slave markets occurred in large cities because of the complex economic supply and demand factors governing the commercial behavior of each of those cities in their successful pursuit of volume business and large profits. They could finance their foreign support. A specific slave market which was able to support in one building a brisk trade from week-to-week, not from month-to-month or every ten or twelve weeks, what have you - a brisk market in the sale of human beings, black human beings. In fact, Abraham Lincoln visited one of these slave markets in New Orleans - the biggest of them all and the most horrendous - in 1828 as a boy of almost 20. He went down a flat boat from the Ohio Valley and saw the great slave market at New Orleans. I think it's from this particular date that he gained his abhorrence of the institution of slavery. “Now I have found that slaves were sold, as I said sporadically, infrequently, and in small lots or numbers in and around Fayetteville and Cumberland County and environs in seven different categories of places. one of the categories was the Market House, and that category I'll discuss first with an example. One in each case will do, I think. Slaves were sold at the Market House, yes. The Fayetteville Observer for January 20, 1846, had the following advertisement: `The subscriber having been appointed a Commissioner to sell certain slaves belonging to the estate of John McArn, deceased, hereby gives notice that he will expose to public sale at the Market House in Fayetteville on January 31, 1846, two negro women and a negro boy. `I have found a sale of slaves advertisement once a month, once in every four issues, sometimes once in every six issues. This is the way things happened to have been. The economy of the City and the County was not prosperous through much of the Antebellum period. We did not have a large scale cotton or tobacco economy. It was a mixed economy including lumbering and the products of timbering, pitch and tar and the like, turpentine. The transportation wasn't very good from this part of the country despite the Cape Fear River which was sometimes flooded, sometimes very low. But for all those kinds of reasons, we didn't have a very slave-intensive kind of rural economic life, as much so for instance, as we would find in South Carolina or Virginia. Slaves were sold in this City at the Court House 400 yards up Green Street from the site of the Market Rouse in a square which I guess is still called James Square. The Fayetteville Observer of April 16, 1855, suggests as follows: `On Monday, May 14, 1855, being the first day of Cumberland Superior Court will be held at public auction at the Court House door in the town of Fayetteville the following valuable property: 17 valuable negroes including men, women, and boys, as valuable a parcel of negroes as can be found in the county.' “Suggesting as I have learned from further research, that the majority of county dwellers did not own slaves at all. About 30 percent did, in fact, own slaves. Ninety percent of these people that did own slaves owned one or two. The number of slaves by one owner seldom exceeded 30 and often was below 20, as in the case of this particular advertisement, as horrible as it happens to be. We mustn't mix up the cold data with the human element here. I'm not going to do that for a minute. But slave sales also took place quite often by private individuals who did not make use of the Market House. There would be there a license involved and money paid, profit taken from their pocket. They decided to sell their slaves on privately owned premises - their home or place of business. The Fayetteville Observer for May 19, 1876, says this, it's very touching, I think: `A negro woman, aged about 30, good house servant, cook, washer, and ironer, honest and industrious; also a girl aged about 9 and a boy about 4 years, children of the woman. Persons in want of this species of property will call on the undersigned at his law office on Anderson Street, (one block over to the west here) Sigmedi Bartholomew Fuller, Attorney at Law.' This advertisement appeared a dozen times over a period of three months which meant that the slaves were not sold. A sluggish economy at times in this City and County would support such a result, and finally it appeared August 25, 1856, and after that it did not appear agaIn. So, I hope they were sold together.” “The fourth category; slave sales took place at a Court House in another town, not Fayetteville, but within easy distance of wagon and horse transportation. And these neighboring towns that advertised in our Fayetteville papers, the Fayetteville Observer for December 8, 1862, speaks about sales of slaves at the Lumberton Court House. The notice reads as follows: `I will sell on the 1st day of January, 1863, before the door of the Court House in Lumberton on a credit of six months, a negro man about 80 years old belonging to the estate of John C. McQueen, deceased.' “The fifth category is to do with slave sales which were brought about by the liquidation of an entire land estate in the country - plantation if you will - at auction in a neighboring county. The Fayetteville Observer for February 25, 1851, has this notice: prospect Hill adjoining the town of Pittsboro, formerly the residence of John Henderson, deceased, will be offered for sale at auction on Wednesday, the 19th of March. Included are several likely negroes, young men and women on a credit of twelve months.' “The sixth category of these sporadic sales is very hard to find. You have to do a lot of digging to find the ads. Advertisements by traveling slave traders who would come to town take rooms in a local hotel, who would then advertise in the paper and wish to purchase slaves from locals, and then specially advertising for young males which brought the best prices in the large slave markets in the larger cities like Charleston or Richmond nearby. They would then depart with their sales results, people that they would purchase, and would, we assume, resale them quickly in a large city. “Roy Parker, of the newspaper here, has informed me that he's found an 1831 newspaper. I haven't seen the newspaper for that particular year in great numbers, but he has found several instances of a traveling slave trader advertising that he would purchase slaves in the area. That has been collaborated by a person I respect highly in this regard as a historian. “The seventh category, and the last of my categories; advertisements by slave dealers apparently residing in neighboring towns permanently regularly buying space in Fayetteville papers to solicit customers wishing to sell slaves to them. I think they had networks that they could ship their slaves to other larger cities and realize profits from that business. In the Fayetteville Observer for February 16, 1857, the following appears, `The undersigned will pay the highest cash price for young negroes. Letters addressed to either of us at Laurinburg, Richmond County, will have prompt attention. D.C. McIntrye and Daniel McLaurin. ` This ran periodically for about seven months. I don't know if they were able to entice people to sell their slaves to them or not. I imagine that they would not have done advertising unless there was some return. “Now not only have I suggested so far that slave sales were sporadic, infrequently done, and in rather small numbers, two, three in some cases - that's two or three too many, I think - but still, the fact also remains that out of seven categories where these sales took place in and around Fayetteville only one of the categories happens to have been the building behind us. The building behind us, the Market House, seems to have been primarily - through it's history until the 20th century, used for the sale of meats, vegetables, produce of all kinds, for consumption. It was a typical town market. “I live in the northeast in Lexington, Massachusetts, where the Revolutionary War began. I have an office about five blocks from Samuel Hall, it's a French name, a Huguenot name. Peter Faneuil came to Boston in 1740 and built this hall or building much like this Market House was constructed a century later, in 1832. Faneuil Hall is a market down stairs and a meeting hall upstairs. Peter Faneuil built this building, ironically enough, from profits he made in the slave trade. In the market area of Faneuil Hall in the middle of Boston, preserved to this very day, and preserved beautifully, a jewel of an architectural masterpiece, occasionally slaves were sold in the downstairs market area, very occasionally, until Massachusetts outlawed slavery in 1783. The Supreme Court did so in a special case. And, we call Faneuil Hall, up north, the Cradle of Liberty because it was the place where the Revolutionary War was plotted by Samuel Adams of Boston and his Sons of Liberty, to resist the British in the 1770-1774 period. “It is so much like the example of this, and yet different, I recognize that I thought the comparison bears some interest to those who think comparisons in history can be instructive. But, in a different tone in the spirit of Black History Month for a minute, there is possibly some satisfaction, even some pride, which might be able to be generated by some black and white citizens today over the fact that both slaves and free blacks, the evidence shows in Cumberland County and in Fayetteville in the pre-Civil War decades, ware trained as highly competent, highly skilled masons, carpenters, shoe makers, coopers, wheel-wrights, furniture makers, joiners, glaziers. They were as free people, able to get money for their services. As slaves they were hired out and could keep part of the money from these skilled techniques as artisans and craftsmen. A portion was allowed for them to keep, and many of them kept that small portion, made it grow, and were able eventually to buy their own freedom from such skills. Some of the very best furniture made in America in the colonial period was made in Charleston by black artisans. It is highly valuable and prized to this day. I am not aware of a furniture making operation of blacks in this town. More research may, in fact, reveal one. But, the fact Is that trusted slaves were also allowed to come to this Market House and sell produce for their masters in the 1820's, 1830's, 1840's, and 1850's. They could sell produce that they themselves raised as part of the land which they were allowed to set aside as their own to cultivate on the farm where they live. Besides doing the work for their master, they'd work for themselves. They could sell the master's work (most of it would be that kind of produce), and they could sell their own. They could set aside the produce profits of their own labors and enlarge their own capacity to enjoy some of things in life or possibly even buy their own freedom. “Now, if we look at the situation in that kind of perspective, it's not exactly the kind of evidence that negates the whole horrible history of slavery. It gives me a little ray of hope, because these craftsmen and artisans helped to build that Market House itself. Bricklayers, that's pretty set, but then the finishing of the balustrades, the doors, the windows, the arches in that building, the cupula, very likely could be shown to have been largely the work of black artisans, and not all slaves, some free blacks. That suggests to me that their considerable talents were highly regarded in this City and county, underpaid, I think, but highly prized. That's more of the spirit, I think, of what I said about Frederick Douglass' hope and Abraham Lincoln's hope for us, and that is in the spirit too of Black History Month. “One of the better books that I have come across about free blacks in the Fayetteville area and Cumberland County is a marvelous work by John Hope Franklin. I know him at Duke. This year in Florida he's the most imminent black historian in American, I think. I would say that without contradiction, I hope. He has written a book called, `The Free Negro in North Carolina, 1790 - 1860.' Dr. Franklin was just honored on the first day of this month, the first day of Black History Month, in New York City at Carnegie Hall along with the great soprano, Marian Anderson. He got an award for his historical life's work, and in that book I found some of my evidence, and I respect his work very highly. I would be glad to take any questions or put them over to you again.” The mayor then recognized Dr. William T. Brown for comments on this study. “My name is William T. Brown. I live at 1840 Broadell Drive. I happen to be an educator in this community, currently serving as Associate superintendent for Secondary Education in the Cumberland County schools. I do welcome this opportunity to react to the august professor's work. I wish to do two or three things, Mr. Mayor, with your tolerance, Mayor Pro-Tem Evans and members of the Council. First, I wish to express appreciation to you for commissioning a research study that would tend to put to rest once and for all, I hope, the truth relative to the sale of slaves at the site of the Old Market House here in Fayetteville in the decades of the 1790's through 1860's. I wish to commend Dr. Cavanagh and congratulate him for the comprehensive research citing to us her's tonight, activities associated with the Old Market House in the era of the 1790's and the 1860's, especially focusing on attitudes and activities regarding the sales of slaves. But more importantly, I want to congratulate again the Council for having the foresight to commission this study and to the professor for having the integrity and the fortitude to come into Fayetteville and stand here as it were in the shadows of the Market House and tell the unbridled truth about the sales of slaves at that Market House. Sometimes people use historically and historic interchangeably, but they are different. We do things historically... I go to work historically every day, no big deal. You do things historically over and over. But historic means important, important events in history. Historically there have been rumors, and rumor is defined as unverified information. There have been rumors that slaves were sold at the Old Market House, historically again, there have been too many attempts by the majority to cover up the truth. I think the latter and the attitude of the professor to ward off those who would bridle the truth has done more harm across the years for this negative feeling, this depressive painful feeling, of what did happen by people who claim that it did not happen. I think then that that brings us to a point where we should take the negative factors surrounding history and see what can be done to bring about a gleam of hope even though it be such a late date. “The presentation of the unbridled truth tonight has brought you, Council, to a brink of a new day - what I call a historic day. I call it a historic day because you as officials of this City are now afforded with an opportunity to lead us on a historic venture, and this historic venture in my mind, should be one, which if handled properly, and I hope that is what we can leave this room tonight, if handled properly, can carry us to a complete and brand new feeling about the depressive and shamefulness of what did happen, and take us to a historic era of enlightenment, celebration and honor pertaining to the lives or the negroes who were humiliated at a site right around the corner. The presentation made here tonight should not kindle, in any form, any type protest, but it should enkindle in all of our minds the establishment of a contest. A contest to pool our thinking to see what we can do to make a retrogressive act one of progress that we can move to and find ways at the site known as the Market House, to develop programs and ways and means - such as monument, plaques, shrines - honor posthumously the lives of the people who were perpetrated upon as less than human beings. I feel that we have an excellent opportunity now that the research has been concluded. We should be searching our minds for ways to dignify the act that was done many many years ago. This can be done, and I give you a contemporary example: When I was a boy in America, the black was to fight, because if the market was bad it was a black market. Anybody sold anything, it was a black market. If you were out of order in the family, you were a black sheep. If you were behind the wrong ball on the pool table, it was the cue ball and the black ball. If you could not get into an organization, etc., you had to be black-balled not to get into it. If you were paranoid and go down the street and a black cat crossed the path, many people felt like they had to do something differently because black was bad. But, black people in America took that adjective and they have dignified it, and we have no problem today when the majority refers to us as black. I think that we can come about ways over at the Market House site that we can dignify a spot of that land over there. And that we can do something about yesterday's pains and shame so that the people who could do no better except endure the indignities heaped upon them, did live their lives and accepted that which was done until the day that momma's second son can stand here before the City Council of Fayetteville and say lets recognize the wrongness, but let's set about to psychologically do something about the rightness. Not to offend anybody religiously speaking, but I have said to the professor, quantitative that's not the important thing, how many. It was the attitude of the mind that caused that indignity happen to one, and we know in the Biblical reading one Son of God was hung on the Cross, just one. Terrible. But, today we do not burn the Cross, some people do - we don't. Burn the Cross? We have no other Cross. We reverence the Cross. I think that the people of Fayetteville should be smart enough to forgive, perhaps, but to forget is not necessary, because in order to do the kinds of things that need to be done we do not need to forget. I think that the professor, Roy Parker, and other historians - we have people in this room, Mr. William Murphy, former principal in this County - should go to work and find the names of everybody that we can who was sold over there in 1860 or whatever. “In 1988 the Supreme Court of New Jersey said it is wrong to sell people. They didn't wait for two Baby M cases, or three Baby M cases, they acted on the first Baby M case. That's wrong. Now, I simply say let's research further. Get the names of people, and put them on a monument over there, put them on a plaque. Enshrine them so that all people, and especially black people who pass the corner, and the four corners, never to stop to think to go out there to the center. But, we could put something out there in the center that would cause people to feel a sense of pride. To go over there. I would hope that Mr. Florence, who's in this room, the president of the NAACP, the Ministerial Society, the Shrines, the Greek organization, whoever, forget? No, but celebrate. Talk about Black History Month, or whatever, that should be a key area in Fayetteville to have a celebration and talk about what Dr. Martin Luther King... that we shall overcome, we shall be free one day. Here I am. On the backs and burdens of those poor people who were sold over there, here I am. So, I think we ought to go over there and let the young people feel proud. We talk about drugs and drug programs, one of the worst things is low esteem or no esteem. You have an opportunity to do something about the self-esteem of a group of people. And I say to you that I would hope that you could find in your business a way and means to turn an ugly point in history to a historical event. That all of us could be proud and go over there and stand there in reverence and hallow the lives of people who were so mistreated, but who did it just as the one on the Cross that others may have a better day, and a new day. I say to you, I think we have come to an historic hour and 1 beg of you to let's pool our minds and have a contest and no protest and find ways to make this positive. I thank you for the opportunity to speak.” Mayor Hurley stated that next year we will be having the celebration with the Bicentennial. Many people are working towards this, and most of us realize that on that site, the Constitution of the United States was ratified by the General Assembly of North Carolina, who was meeting there, and the University of North Carolina was chartered there. We are planning some big things, he stated. Professor Cavanagh informed Council that he is currently writing an essay on the ratification of the Constitution in Fayetteville at the Old State House that was built in 1787 on the site where the Market House is. It is being written so that it can be read in the schools and hopefully high school students in this county can read and learn some sense of the place and pride that went behind the accomplishments of the building on the site where the Market House is today. He is also doing research calendars of the uses and purposes of the Old State House from 1788 to 1831 when it burned, and between 1832 and 1881 when the town lost its charter due to insolvency. 6. Consideration of Adoption of Annexation Reports. Mr. Stancil presented this item and stated that the resolution of intent has already been adopted by Council and this report shows how the city will provide services to these areas and how they are to be financed. A. Area 10 (Village Drive - Glenridge Road) Councilmember Kendrick questioned how great of overall impact are we looking at on the Cumberland Road Fire Department for Area 10. Mr. Stancil responded that in part 2, page 5 of 11, there is a statement of fire protection which talks about where their station is located, where our station is located, and what the response time is. Also on page 1 of 11 it talks about reduction of population of 4.47% and reduction in the area of 1.18%. Mr. stancil stated it is his understanding that in this particular area the Cumberland Road Fire Department is actually affected very little. The department with the largest portion of this area is Raeford Road Volunteer Fire Department. After examination and discussion of the report of plans for extending services to the area to be considered for annexation under Resolution No. R1988-26, adopted the 1st day of February, 1988, Mayor Pro-Tem Evans moved approval of the report, seconded by Councilmember McBryde and passed 7 votes to 2 with Councilmembers Ross and Torrey voting against. B. Area 6 (Bragg Boulevard) After examination and discussion of the report of plans for extending services to the area to be considered for annexation under Resolution No. R1988-27, adopted the 1st day of February, 1988, Mayor Pro-Tem Evans moved approval of the report, seconded by Councilmember Pillow and passed 7 votes to 2 with Councilmembers Torrey and Ross voting against. C. Area 7 (Yadkin Road) After examination and discussion of the report of plans for extending services to the area to be considered for annexation under Resolution No. R1988-28, adopted the 1st day of February, 1988, Councilmember Pillow moved approval of the report, seconded by Councilmember McBryde and passed 7 votes to 2 with Councilmembers Torrey and Ross voting against. D. Area 8 (Oaks - Shorewood - Hermitage) There were two people in the audience interested in the Oaks area who requested to look at the map for clarification of the area involved. Councilmembers McBryde and Kendrick offered their copies of the report to them. They were also notified that these reports are on display in the City Clerk's office. After examination and discussion of the report of plans for extending services to the area to be considered for annexation under Resolution No. R1988-29, adopted the 1st day of February 1988, Councilmember Kendrick moved approval of the report, seconded by Councilmember Bolton and passed 7 votes to 2 with Councilmembers Torrey and Ross voting against. 7. Consideration of the following Resolutions stating the intent of the City of Fayetteville to consider annexation of the areas described therein and fixing the date of public hearing on the question of annexation: Mr. Stancil presented this item stating there was an error in the legal description on page 2, line 15. The word “western” margin of the high water mark should be corrected to read the “eastern” margin. A. Area 3 (University Estates) (Recommended public hearing date is April 18, 1988) RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1988-33. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption with the correction, seconded by Councilmember Pillow and carried 7 to 2 with Councilmembers Torrey and Ross voting against. B. Area 4 (Kornbow) (Recommended public hearing date is April 18, 1988) RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1988-34. Councilmember Pillow introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Torrey and Ross voting against. C. Area 5 (Karen Lake Drive Island) (Recommended public hearing date is April 18, 1988) RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON ThE QUESTION OF ANNEXATION. RESOLUTION NO. R1988-35. Councilmember Kendrick 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 Resolutions Book R1988. 8. Consideration of request from Fayetteville Police Department to set fee schedule and time restriction on fingerprinting for nonlaw enforcement functions. Following some discussion Mayor Pro-Tem Evans offered motion to set a fee schedule of $5 and a time schedule as set by the Chief of Police for nonlaw enforcement functions, seconded by Councilmember Bolton and carried unanimously. 9. Consideration of Demolition Ordinances on the following properties: Walter Haire presented this item and requested that item 9(D) be pulled from this agenda. It is to be on the agenda for the March 7 meeting. He presented items A, B, and C together because they were the same location. He stated that he realized it was not usual for Council to adopt demolition ordinances while a premise is still occupied, however in this case it is in such terrible condition that this adoption would help with the placement of these residents at the Metropolitan Housing Authority. A. 205 1/2 Broad Street Apartments 1 & 2 AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA 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. NS1988-5. B. 209 South Broad Street AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA 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. NS1988-6. C. 209 1/2 South Broad Street AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA 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. NS1988-7. Councilmember McBryde introduced the foregoing ordinances for A, 3, and C and moved their adoption upon placement of the tenants with Fayetteville Metropolitan Housing, seconded by Mayor Pro-Tem Evans, carried unanimously. D. 244 Windsor Drive (Pulled from the Agenda) E. 620 Frink Street Council recognized a Mr. Smith who stated he is in the process of purchasing this property and will tear it down. He requested an extension of thirty (30) days after the paperwork is completed on the property sale. The City Attorney suggested that within ten (10) days of closing that Mr. Smith get a permit and have the work done within sixty (60) days. Councilmember McBryde offered motion to give a total of ninety (90) days for the property to either be bought or torn down or it is to be brought to Council, seconded by Mayor Pro-Tem Evans, carried unanimously. F. 518 McDaniel Street David Craig, attorney representing the property owners, stated that there is a litigation with the insurance company on this property due to a fire. He has instructed the owners to make it safe so no one can get hurt until after the litigation is settled, hopefully within thirty (30) days. Following some discussion, Mayor Pro-Tem Evans offered motion that the property be made safe within thirty (30) days and brought up to standards within six months or it will have to be demolished, seconded by Councilmember Ross, carried unanimously. G. 820 Varsity Drive Mr. Haire stated that this was ordered back by Council following a ninety (90) day extension. The house had been damaged by fire since then, and a portion of the septic tank has collapsed and been filled with water. Mr. Hair displayed to Council some snapshots made of the location. Council recognized Henry Colvin who stated that the fire only damaged the kitchen and one bedroom. He also displayed snapshots that were made after the Building Inspector's pictures. He stated that he had gutted the house and boarded the windows to make it safe until he could get the work done. He stated that he has had windows and doors made and is holding them until the work can be completed to keep vandals from breaking the new windows. He also stated that he had filled in the septic tank, which was no longer in use. Following some discussion, Councilmember Kendrick offered motion to adopt the recommendation of the Building Inspector and adopt the ordinance, seconded by Mayor Pro-Tem Evans. There was some further discussion, and Councilmember Thompson offered substitute motion to grant another ninety (90) day extension for completion, provided that progress be made on a continuous basis upon thirty (30) day inspections by the Building Inspector, seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Kendrick voting against. H. 343 Person Street Deborah Radtke, Attorney, stated that she and her husband had purchased this property and they want to renovate the building to its original form and use it for office space. She stated she had the doors and windows secured and will make the damaged back portion a priority. Mayor Pro-Tem Evans offered motion to give a six-month extension with a provision to eliminate the dangerous portion within thirty (30) days, seconded by Councilmember Ross and carried unanimously. At this time, Mayor Dawkins reminded everyone of a reception for Dr. Vic Hackley, the new Chancellor of Fayetteville State University, to be held at the Kyle House tomorrow (Wednesday) 3:00 to 4:30 p.m. The Mayor also advised that he would change the appointment of Councilmember Bolton as Liaison to the Joint Law Enforcement Committee since they no longer had to meet, only send reports. This will be done at a later date. 10. Appointments: Mayor Dawkins praised the Human Services Commission for the hard work and the fine banquet that they had put on Friday night, and he regrets Elesa Brown's vacancy due to absences. A. Nominations to fill vacancy on Human Services Commission. There were no nominations. At this time, Mayor Dawkins and Council Committee Chairpersons supplied dates and times of meetings as reminders. They are as follows: Buildings and Properties Committee for the 17th, 7:00 p.m. at the Kyle House; City/County Liaison Committee for the 25th, 12:00 noon at the Golden Corral on Bragg Boulevard; Council's Goal Setting Session for the 26th, 6:15 p.m. in the Sanitation Building. Mayor Pro-Tem Evans announced that the Cumberland County Governmental Association Meeting is March 10, 6:30 p.m. at the Golden Corral on Bragg Boulevard. 11. Administrative Reports: A. Statement of taxes collected for the month of January, 1988, from Cumberland County Tax Collector. The City Manager presented the statement of taxes. Councilmember Thompson asked Mr. Smith if he knew what percentage we run on collection of taxes. Mr. Smith responded that it was approximately 96% of taxes collected for this year and by the end of the five-year period, it is usually 99.8% or 99.9% for a ratio of taxes collected. Mr. Smith stated that he had previously received inquiries concerning the monthly PWC Reports. He forwards these to the Finance Department, they do review them, and he will have them available for Council's review since it is too difficult to reproduce from the computer printouts. Councilmember Ross offered motion to enter executive session for litigation at 9:48 p.m., seconded by Councilmember Kendrick and carried unanimously. Council reconvened into regular session at 9:57 p.m. and upon motion by Councilmember Thompson, seconded by Councilmember Ross, the regular meeting was adjourned. SPECIAL MEETING MONDAY, FEBRUARY 22, 1988 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING ENVIRONMENTAL SERVICES CONFERENCE ROOM MONDAY, FEBRUARY 22, 1988 6:15 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Horace Thompson, Tommy Bolton, Ida Ross (arrived at 6:40 p.m.), Joseph Pillow, Thelbert Torrey, Milt Wofford, 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 Staff Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order and the invocation was offered by City Attorney Bob Cogswell. The first item for consideration was the reallocation of $17,000 appropriated for lease payments on a ladder truck for the Fire Department. City Manager John Smith indicated that this truck would not arrive until the 1988-89 Fiscal Year so that the funds appropriated would not be needed this year. He recommended that the Council authorize use of these funds to purchase a new rescue unit to be located at Fire Station #7 in College Lakes. Upon motion by Councilmember Wofford, seconded by Councilmember Kendrick, Council voted unanimously to follow the recommendation of the City Manager. The next item was consideration of adoption of a resolution of intent to annex Area 10 (Village Drive-Glenridge Road) and setting the date for public hearing on April 18, 1988. Upon motion by Councilmember McBryde, seconded by Councilmember Evans, Council voted to adopt the resolution with Councilmember Torrey voting in the negative. The resolution title is as follows: RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (AREA 10). RESOLUTION NO. R1988-36. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. Council then proceeded to discuss their goals for the 1988-89 Fiscal Year. Councilmember Torrey emphasized the need for improving the parking facilities downtown. Councilmember Thompson emphasized the following items: 1. Development of the Linear Park. 2. Making a decision about the removal of the Anderson Street Library building. 3. Setting higher standards of grounds and building maintenance and development of resources for those standards. 4. Continuing to support central city economic development. 5. Construction of sidewalks whenever streets are widened or curb and gutter installed. 6. Consideration of additional City/County mergers, including Inspections. 7. Development of a Capital Asset Reserve. 8. Emphasis on protection services including Police and Fire. 9. Capitalization of Parks and Recreation improvements. 10. Investigation of the possibility of waste recycling. 11. Promoting a higher level of street cleaning, especially removal of sand at intersections. 12. Disposal of excess property with proceeds credited to Capital Reserves. Councilmember Bolton emphasized the Parks and Recreation development and merger with the County, and the disposal of excess property. Councilmember Kendrick suggested that the City's elected officials meet with the County and N.C.D.O.T. regarding the major road network, especially the widening of 401 North. He also encouraged the development of downtown with the encouragement of private investment, especially credits for occupied buildings. Other concerns included those areas which don't have paved streets or water and sewer, roads with cars on the side with no license, and reinstatement of a calendar of events in the agenda packet. Councilmember Ross emphasized problems around Clarendon House, Luther Street, and Mazie Street behind Ashley School. She also suggested the development of a Soccer program. She requested information on the impact of annexation on election districts and discussed the problems of III Colonies. Councilmember Wofford emphasized cleaning the City by fixing the responsibility in one department, funding that department for success, rewarding and punishing private property owners for accomplishment, and investigating recycling as a resource for payment. He also emphasized the enhancement of basic services, including Police, garbage collection, sidewalks, paving streets, providing water and sewer to all areas of the City, improving communications and public relations. Councilmember Wofford also suggested that the City should either sell the Public Works Commission or get a fair return on the City taxpayers' investment. He suggested that the Council meet with PWC to discuss this item. Councilmember Pillow established the following priorities: 1. Identify and prioritize areas of the City without water and sewer or paved streets. 2. Develop standards for maintenance of all City buildings, grounds, and entrances. 3. Development of a master plan for the City for the 21st Century. 4. Immediate planning for annexing a corridor to Fort Bragg. 5. Better system of monitoring street maintenance, both State and City Streets. Councilmember Evans emphasized good City services - the repaving and resurfacing of all streets and construction of sidewalks on major arterials. She also emphasized development of the Farmer's Market. Councilmember McBryde stated his priorities were as follows: 1. Increasing the unappropriated fund balance. 2. More Police services. 3. Development of a bad weather fund to include the purchase of more snow blades. 4. Development of the City's parks, including Honeycutt, College Lakes, the Seabrook Replacement Park, and a facility in the western part of the City. 5. Continuation of the City's resurfacing program. 6. Improvement of basic services. Mayor Dawkins emphasized crack pouring and preventive maintenance of the City's streets, and the resurfacing of Old Street. He also suggested that the Council should meet twice each year to review and establish goals. There being no further business, the meeting was adjourned at 8:35 p.m. REGULAR MEETING MONDAY, MARCH 7, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MARCH 7, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large), Milo McBryde (at-large), Horace K. Thompson Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr. Assistant City Manager, Staff Robert C. Cogswell, Jr., City Attorney Robert M. Bennett, City Engineer Walter Haire, Building Inspector David Nash, Annexation Studies Coordinator Clark Dill, Environmental Services Director Tom Ray, Airport Manager Wilbur Johnson, Fire Chief Frank Simpson, Inspections Superintendent George E. Moyd, Service Bureau Commander Robert Barefoot, Parks and Recreation Director Tim Wood, PWC Manager James Martin, PWC Director, Electrical Facilities G. Allen Mitchell, Assistant City/County Planning Director Members of the Press The meeting was called to order by Mayor Dawkins and the Invocation was offered by Revered Ben Melvin, United Trinity Church, followed by the Pledge of Allegiance to the American Flag being led by the Mayor. Mayor Pro-Tem Evans reminded everyone of the Governmental Association meeting coming up on Thursday, March 10, 1988, 6:30 p.m. at the Golden Corral Family Steak House on Bragg Boulevard. RECOGNITION: Presentation of Resolution from N.C. League of Municipalities to former Mayor Bill Hurley. Mayor Dawkins read the Resolution signed by League President Jonathan B. Howes which told of Bill Hurley's 10-year service to the City, his contributions materially to advancement of good municipal government, and his recognition at the Annual Convention on November 16, 1957. This Resolution has been made a part of the League's permanent records. Presentation of National Arbor Day Foundation Certificate of Merit by Ingrid Novak, Clean Community Arbor Day Chairman. Ingrid Novak, Clean Community Arbor Day Chairman, announced that March 12 will be Arbor Day. Their goal is to have a Dogwood Trail connecting Fort Bragg and Fayetteville. She shared the Certificate of Merit to Cumberlamd County Clean Community Committee as a finalist in the National Awards Competition by the National Arbor Day Foundation by allowing it to be hung in the Mayor's office at the Kyle House for a few days before it is hung in their office. Mayor Dawkins added that he and Vardell Godwin, Past Councilmember, had just planted a dogwood tree at the PWC building which is across from where Vardell Godwin grew up. At this time, the Mayor stated that the City Attorney has asked for an executive session later in the meeting. The City Manager requested that Item 8 be pulled from this agenda and placed on the next agenda as requested by Attorney D. P. Ruse. Mr. Smith also requested that the item concerning the property exchange requested by the County that he had sent to Council under separate cover be added to the agenda. 1. Approval of Agenda Councilmember Bolton offered motion to approve the agenda with the changes, seconded by Councilmember Ross and carried unanimously. 2. Consent: Councilmember Pillow offered motion to approve the consent agenda and adopt the Budget Ordinance, seconded by Councilmember McBryde and carried unanimously. The consent items are as follows: A. Approval of minutes of regular meeting of February 16, 1988. B. Approval of minutes of information meeting of February 22, 1988. C. Approval of the following requests for tax refunds: 1. Gerald L. Woodall in the amount of $24.66. 2. Lee Roy Sherman, Jr., in the amount of $5.16 3. Charles Anglin in the amount of $18.48 4. James W. Arp, Jr., in the amount of $41.30 5. Thomas D. Buford in the amount $9.24 6. Thurston Callahan in the amount of $6.60 7. Alph R. Clark, Jr., in the amount of $49.11 8. Stephen Michael Fisk in the amount of $43.30 9. John T. Gibson in the amount of $36.18 10. Scott Howell in the amount of $146.46 11. Jodie Meadows in the amount of $20.04 12. Mercedes-Benz Credit Corp. in the amount of $338.58 13. Harry Miller in the amount of $84.68 14. John F. Pollock in the amount of $48.07 15. Stephen Shattuck in the amount of $10.03 16. Mine Clearance International, Inc., in the amount of $74.00. 17. Murchison Road Parts Haus in the amount of $248.44. 18. Thomas E. Carner in the amount of $43.72. 19. Movietime Home Theater, Inc., in the amount of $26.10. D. Adoption of Budget Ordinance Amendment Change 88-20. E. Award of contract for purchase of structural steel for the Railroad Street Substation to Hesco, Inc., the low bidder. (PWC) Bids were received February 8, 1987, as follows: Hesco, Inc. $16,582 NESP, Inc. $17,850 Fayetteville Steel $19,200 Hercules Steel Company $22,183 Carolina Steel $30,368 F. Award of contract for purchase of bill processing envelopes to Tension Envelopes, the low bidder. (PWC) Bids were received February 2, 1988, as follows: Tension Envelopes $16,450 SizeBore, Inc. $25,000 G. Award of contracts for purchase of chemicals for water and wastewater treatment to Suffolk Chemical Company, APG Lime Corporation, American Cyanamid Co., and Southchem, Inc., the low responsible bidders. (PWC) They are as Suffolk Chemical Company 170 Tons Liquid Chlorine $88,139.60 105 Tons Hydrofluosilicic Acid $9,108.75 50,000 Pounds Powdered Activated Carbon $16,455.00 140 Tons Liquid Ferric Chloride $14,834.60 APG Lime Corporation Tons Hydrated Lime (bags) $12,957.10 150 Tons Hydrated Lime (bulk) $10,980.00 American Cyanamid Company 1,500,000 Pounds Aluminum Sulfate (dry weight) $86,250.00 South Kim Inc 1,200,000 Pounds 50 Percent Sodium Hydroxide $79,320.00 H. Award of contract for Combined Cycle-Phase III water and sewer utilities to Nelson Utilities, General Contractor, and King Electric of Fayetteville. Electrical Contractor, low bidders. (PWC) They are as follows: Nelson Utilities (General Contractor) $546,000 King Electric of Fayetteville (Electrical Contractor) $79,471 I. Award of contract for purchase of skid steer loader to Jackson Equipment Company, lowest responsible bidder. Skid steer loader in the amount of $12,300 to Jackson Equipment Company and trailer in the Mount of $2,142 to Vause Equipment Company for a total cost of $14,442. Mayor Dawkins reviewed the public hearing policy and the time limit of 15 minutes for those to be heard for and 15 minutes for those opposed. 3. Public Hearings: A. Consideration of Annexation of the following areas: 1. Area 1 Kinwood-Heather Ridge Mr. Stancil displayed the area map and stated that the report was adopted February 1, 1988, and has been on display in the office of the City Clerk since that time. He introduced the department heads supplying services or that are affected by the annexation. The Certificate of Notice has been sent out by Amy Radcliff and David Nash and has been presented to the City Clerk. Mr. Stancil reviewed thoroughly the Annexation Report for Area 1, Kinwood-Heather Ridge. He stated that all of the areas are developed for urban purposes and has 4.77 persons per acre. Mr. Stancil summarized the general services and stated these service. have been included in the 1988-89 budget. Tim Wood, PWC Manager, stated that three-fourths of the area is already being served by sewer and basically all of the area is served by PWC water. They are prepared to have sewer service to the rest of the area within two years as required. Mayor Dawkins then opened the public hearing and recognized Stacy Weaver, Attorney representing Francis Snipes Turner and her brother, Herman Snipes. They own a 100-acre tract and want this excluded from the annexation because it is unimproved property and there are no residents to receive these services. Mr. Weaver feels the only way to get 4.77 persons per acre would be to count the residents of Heather-Ridge Apartments that are probably not taxpayer, and include this 100 acres in the total project. He stated the owners feel it is unfair to include this property and request it be excluded at this time. Ms. Brownie Smathers, 146 Lofton Drive, appeared in opposition stating that they purchased their home 10 years ago because of having a country atmosphere and landscape and being outside the City limits. They have most of the services except for garbage pickup and feel that it will cost more than they will benefit. She had an article from the newspaper of a request from the Police Chief for more officers, cars, and staff and she questioned how they can adequately be protected when the City does not have enough to protect the existing City limits. She also asked that these things be considered and let their area remain in the country atmosphere. Mayor Dawkins established that Mrs. Smathers receives City water, sewer, and lights now and Mr. Wood added that their water bill will be significantly cut-almost in half-by being in the City limits. Ms. Georgia Orcech, 221-C Heather-Ridge Drive, Manager of the Heather-Ridge Apartments, appeared concurring with Ms. Smathers. Appearing in favor of the annexation was Mr. John Keith, 5833 Wood Haven Circle, Kinwood Subdivision. Mr. Keith stated that he was unhappy with his other county property septic tanks and no City water. He wants PWC services extended throughout unannexed county areas which would increase the tax base and eventually become a truly metropolitan area. Dr. Ronald Yadusky, Physician at VA Hospital, and his wife, Margaret, appeared in opposition stating they have had roads paved and they feel that it is unnecessary to tear up these roads to put in sewer. They are happy with their septic tank and feel this is wrong timing because the tax assessment went up and then the annexation assessments would be put on top of that making an unfair expanse, especially to those with corner lots consisting of more front footage. Mrs. Yadusky feels that everything they are being offered by the City will cost much more than they will receive in return. She also commented that PWC will be increasing rates according to the newspaper ad. She concluded by requesting that Council wait a couple of years for annexing their area. The City Manager responded that most of the area is serviced by water and sewer and only some of the area would be assessed. Also, the water rate would go down it they were annexed. Clinton Harris, Coordinator for Fayetteville-Cumberland County Citizens Association, Post Office Box 1792, stated he felt the assessment of 50/50, not to exceed $5 for sidewalks to be installed, should be made clear since it is different from the other assessments. Mayor Dawkins concurred. Mr. Harris further stated that this Association is opposed to the annexation because the City's electoral system is not in accord with the 14th and 15th Amendment of the Constitution. There is a land lock district in voting and the tentative approval from the Justice Department under Section V does not make the electoral system constitutional. There being no one further to speak on this matter, the Mayor closed the public hearing but reminded everyone that might have questions to feel free to contact the proper departments. The City Manager also responded to Ms. Smathers' newspaper article by saying that the request from the Police Chief was not for the existing City limits but for the expansion of the City limits. Mr. Smith also gave his phone number for anyone wishing to call his office with questions that were not answered tonight. Council took no action. At this time, Mayor Dawkins recognized Mr. John Smith, City Manager, for 10 years service with the City of Fayetteville and presented him with his service pin. 2. Area 2 Raleigh Road Island Mayor Dawkins asked if anyone was present to be heard on this public hearing and there was no response. This item was moved to Item 19.C. due to the length of the report. Mayor Dawkins then entertained the motion for executive session which was made by Councilmember McBryde and unanimous to enter executive session for litigation at 8:12 p.m. Council reconvened into regular session at 8:46 p.m. and Mayor Dawkins again asked if anyone present wished to speak on the annexation public hearing for Area 2 Raleigh Road Island. Clinton Harris responded that he would have the same objection as the previous item, however, he did not object to this item being moved to the end of the meeting. The City Attorney was recognized and stated in the Workmen's Compensation case of employee, Frank Parioso, he is recommending we accept reimbursement of our payments in the sum of $11,219.22 and settle the claim against Wilfred Wiley Kellas, Lien Chin Kellas, and Allstate Insurance Company. Councilmember Kendrick offered motion to follow the City Attorney's recommendations, seconded by Councilmember Bolton and carried unanimously. The City Attorney also stated that he is recommending the claim of Viola Kline, who was injured May 20, 1986, and the fall on the sidewalk be settled for $2,100. Councilmember Thompson offered motion to follow the recommendation, seconded by Councilmember Pillow and carried unanimously. B. Consideration of adoption of resolution ordering the paving with petition of Varrene Street from Cain Road to Dead End. Mr. Bennett stated that he has a majority petition to pave. A public hearing has been set for this date and hour and all property owners have been notified of this public hearing. Mayor Dawkins opened the public hearing and there was none appearing for or against. A RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN. RESOLUTION NO. R1988-37 Councilmember Wofford 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 R1988. 3C. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Article VIII “District Sign Regulations” and Article IX “Administration and Enforcement” addressing the enforcement of the portable signs regulations within the City limits. (PSS-5) Al Mitchell stated that a correction should be made to the draft Ordinance in Section 2, Line 4, after the word “and,” the “(S)(3)” should read “(X)(3).” The Planning Board recommends approval of the proposed Amendment for time limits as stated. Councilmember Ross questioned the time limit on the political signs and the City Attorney responded that a letter usually goes out from the City Manager's office to all candidates notifying them of the provisions in the City Code which is that the signs are to be removed within 14 days after the election or the City can remove then and charge a fee following a 48-hour notification. If the signs are in the right-of-way and there is a traffic hazard, we can remove them immediately. Mayor Dawkins then opened the public hearing and there was no one to speak for or against, however, Clinton Harris asked for clarification on the signs at the polling places. Mr. Cogswell responded that there is a time limit that after whatever event that sign is dealing with has occurred, it has to come down within a certain time - with polling places they have to come down within 24 hours. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1988-6 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 S1988. 4. PWC MATTERS: A. Consideration of award of contract for PWC radio system. Tim Wood stated that this item had not been placed on the consent agenda because of the lack of three bids. He introduced James Martin, PWC Director of Electrical Facilities. Mr. Wood stated that the radio system is in need of being replaced and it has been recommended that it be replaced with the state of the arts. There are only two companies that can supply this and both were invited to bid, however, GE chose not to bid. Mr. Wood further stated that they have been satisfied with the equipment and service of the Motorola Company and PWC is recommending awarding the contract to them in the amount of $584,427, which was negotiated down from $791,539. He reminded Council that this is a partial purchase and they would be back for further purchases later on. Mayor Pro-Tem Evans offered motion to follow the recommendation and award the contract to Motorola Company in the amount of $584,427, seconded by Councilmember Rose and carried unanimously. At this time, Walter Baire requested that Item 5.C. be pulled from the agenda due to not receiving the return receipt green card from the owner. 5. Consideration of Demolition Ordinances on the following properties: A. 244 Windsor Drive. Mr. Haire stated this had been abandoned for two years and is unfit for human habitation. However, the owner from New York is here tonight and Community Development has expressed interest in granting the owner some funds for the renovation of this property. Council recognized Mary Harper. Mrs. Harper stated that she has been living with her daughter at 220 Hawthorn since her home burned in New York and now her daughter's house is for sale and they have no other place to go. She stated that with Community Development's help they will be able to repair the property on Windsor Drive. Following some discussion, Mayor Pro-Tem Evans offered motion for a six-month extension, seconded by Councilmember Ross and carried unanimously. B. George Bass Mobile Home Park Mr. Haire stated that this mobile home park is unfit for human habitation with hazards to children. It has been in this condition for over eight years. Time has been granted to each of the three different managers of this Murchison Road trailer park. Mr. Hair. is now asking permission to close the park. Council recognized Robert Mott, 124 Wildwood Drive resident, who stated he had brought the Sleeping Hollow Park rating from a C to an A in the four years he worked there and now plane to do the same for Mr. Bass. Mr. Mott has been employed by Mr. Bass for two weeks and has verbal approval to do what is necessary. There was lengthy discussion and Mr. Haire assured Council that the adoption of the Ordinance would aid the current residents in getting placed with the Housing Authority. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, 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. NS1988-5 Councilmember Kendrick 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 NS1988. C. 2407 Slater Avenue (Pulled from agenda.) (This was considered under 19.C.) D. 421 Hall Street Mayor Dawkins stated that this item should be pulled from the agenda due to the recent death of the owner, Mr. Fred Keith. 6. Consideration of adoption of resolution awarding a contract for Honeycutt Park Renovation. Following Robert Barefoot's presentation of this item, Councilmember McBryde offered motion to award the contract to McQueen Construction Company in the amount of $108,979, seconded by Councilmember Bolton and carried unanimously. 7. Request by G&T Investments to release City's interest in Port-A-Port hangers at the Fayetteville Regional Airport. Carl Barrington, Jr., Attorney representing the owners of the Port-A-Port hangers leased to Flight Unlimited who is now bankrupt, stated he feels that the Port-A-Port hangers are not part of real estate that reverts back to the City and this unjustly enriches the City of approximately $45,000 at the expense of the owners of the Port-A-Port hangers. They wish to work out a solution without filing suit. One of the owners, Mr. Lee Garvin, was recognized stating they preferred leaving the Port-A-Port hangers at the Airport and ground leasing for customers' convenience. The City Attorney stated that the lease was entered with cheap rent with the intent to get the buildings after the 20 years. The lease states that all improvements go to the City if the lease is broken or at the end of 20 years and that leases could not he assigned or sublet without consent of the Airport Commission and they had no knowledge of this transaction with G&T Investment Company until Flight Unlimited went bankrupt. Airport Manager Tom Ray stated they cannot allow a private person to operate a hanger leasing function or they will be in violation of grant assurances that they have with the FAA. It is designated as FBO area and needs to be operated as a full fixed-base operation. Following lengthy discussion, Councilmember McBryde offered motion to allow G&T Investment Company to remove the buildings within 60 days, seconded by Councilmember Ross. Mr. Cogswell stated that at this point, and having discussed this situation with Mr. Reid, Attorney, they are of the position that argument could be made that it is City property and you have to advertise it for bids before you can get rid of it. There was further discussion and Mayor Pro-Tem Evans offered substitute motion to follow the recommendation of the Airport Commission to deny the request of G&T Investments, seconded by Councilmember Pillow and carried 5 to 4 with Mayor Pro-Tem Evans, Councilmembers Thompson, Pillow, Tarrey, and Wofford voting for and Councilmembers McBryde. Bolton, Kendrick, and Ross voting against. 8. Consideration of request from CSX Railroad Company to amend the ordinance requiring flagging at crossings on Russell and Franklin Streets. (Pulled from agenda.) 9. Consideration of revision to traffic schedule on Albany Street abutting E. E. Smith High School. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE #8 - SPEED CONTROL). ORDINANCE NO. NS1988-9 AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE #17 - RESTRICTED PARKING). ORDINANCE NO. NS1988-10 Councilmember McBryde introduced the foregoing Ordinances and moved their adoption, seconded by Councilmember Ross and carried unanimously. Copies of the foregoing Ordinances are on file in the Clerk's office in Ordinance Book NS1988. 10. Consideration of a resolution to acquire a parcel of right-of-way (SW-2) on the west side of McPherson Church Road north of Cliffdale Road. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1988-38 Councilmember McBryde introduced the foregoing Resolution and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the foregoing Resolution is on file in the Clerk's office in Resolution Book R1988. 11. Consideration of a resolution to acquire right-of-way (Parcel N-2) on the north side of Sycamore Dairy Road. Mr. Bennett stated that there was a typographical error on the draft Resolution. The amount should be $45,800 instead of $60,000. The amount was correct in the cover letter to Council. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1988-39 Councilmember Kendrick introduced the foregoing Resolution and moved its adoption with the correction, seconded by Councilmember Thompson and carried unanimously. A copy of the foregoing Resolution is on file in the Clerk's office in Resolution Book R1988. 12. Request for parking prohibition on a portion of Ann Street near First Presbyterian Church. Mr. Bennett stated that this does not change the existing parking or lane use. It is to bring the Ordinance in compliance with the existing use of the street. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1988-11 Councilmember Ross 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 NS1988. 13. Consideration of Adoption of Annexation Reports: A. Area 3 University Estates After examination and discussion of the report of plans for extending services to the area to be considered for annexation under Resolution No. R1988-33, adopted the 16th day of February, 1988, Councilmember McBryde moved approval of the report, seconded by Councilmember Bolton and passed 7 votes to 2 with Councilmembers Rose and Torrey voting against. B. Area 4 Kornbow After examination and discussion of the report of plana for extending services to the area to be considered for annexation under Resolution No. R1988-34, adopted the 16th day of February, 1988, Councilmember Kendrick moved approval of the report, seconded by Councilmember Bolton and passed 7 votes to 2 with Councilmembers Ross and Torrey voting against. C. Area 5 Karen Lake Drive Island After examination and discussion of the report of plans for extending services to the area to be considered for annexation under Resolution No. R1988-35, adopted the 16th day of February, 1988, Councilmember McBryde moved approval of the report, seconded by Councilmember Bolton and passed 7 votes to 2 with Councilmembers Ross and Torrey voting against. 14. Consideration of resolution authorizing the filing of an application for the Governor's Highway Safety Grant. Councilmember Ross offered motion, seconded by Councilmember Bolton and carried unanimously to adopt the resolution as recommended. A copy of the Local Government Resolution is attached to and made a part of these minutes. 15. Consideration of proposed amendment to the ICMA Retirement Corporation Deferred Compensation Program. Councilmember Kendrick offered motion, seconded by Councilmember Ross and carried unanimously, to amend the ICMA Retirement Corporation Deferred Compensation Program as recommended. 16. Consideration of cancellation of the March 21, 1988, City Council Meeting. Councilmember Ross offered motion to cancel the March 21 meeting, seconded by Councilmember McBryde, carried unanimously. 17. Appointments: Nominations to fill five vacancies on the Human Services Commission. Councilmember Ross nominated Reverend Curtis Harper and Mrs. Carolyn Dedeaux. Councilmember Pillow nominated Reverend John Godbolt. Mayor Pro-Tem Evans nominated Harry Rulnick. Councilmember Torrey nominated R. H. Beatty. 18. Consideration of a request from Councilmember Horace K. Thompson, Jr. Councilmember McBryde offered motion that Council recognize there is no conflict of interest on the Prince Charles Project by Councilmember Thompson, seconded by Mayor Pro-Tem Evans and carried unanimously. 19. Administrative Reports: A. Report of taxes collected for the month of February, 1955, from the Cumberland County Tax Collector. Mr. Smith presented the tax report. B. Property request from Cumberland County. Mr. Smith stated that there is a piece of City property in the Old Wilmington Road redevelopment area that the County is interested in to locate a facility for the mentally retarded. He recommended that the City transfer the title to the County in return for some future consideration. Councilmember Ross offered motion to follow the recommendation, seconded by Councilmember Torrey and carried unanimously. At this time, Mr. Smith made Council aware that the owners of the Slater Avenue property, which was Item S.C., being present in the audience. He stated they did get their notice and are here tonight even though we did not receive the return green card. Council agreed to consider this item at this time. 5C. Mr. Haire stated that this is a consideration of a demolition ordinance for 2407 Slater Avenue. The Police Department had approached the Inspections office several months ago to proceed with the demolition due to this house being used for illegal purposes. Mr. Haire stated that they had offered Mr. Minder the opportunity to bring it up to standards but he chose not to. Council recognized Freeman Warren, 2214 Eccles Street, who stated he has charge of this property for his friend. He stated he made the people get out of the house and has tried to do some work on the house when he is able. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, 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. NS1988-12 Councilmember Kendrick introduced the foregoing Ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. A copy of the Ordinance is on file in the Clerk's office in Ordinance Book NS1988. 3A2. Consideration of annexation of Area 2 Raleigh Road Island. Mr. Stancil presented to the City Clerk a certification signed by Amy Radcliff that all residents of the area received first-class mail notice. The Annexation Report was adopted by Council on February 1, 1988, and has been on public display in the Clerk's office since that date. Mr. Stancil thoroughly reviewed the annexation report including the streets, water and sewer, fire protection, police protection, and sanitation services. These services have been included in the 1988-89 budget. Mr. Stancil stated that the taxable value of this area is $16,330 and the total population is 30. The area meets the three standards including being developed for urban purposes and has 1.39 persons per acre. Water is already available to the property and sewer will be extended to the developed area immediately and to the undeveloped are as needed. Mayor Dawkins opened the public hearing. Clinton Harris, Coordinator for Fayetteville-Cumberland County Citizens Association, Post Office Box 1792, stated that this Association is opposed to the annexation because the City's electoral system is not in accord with the 14th and 15th Amendment of the Constitution. There is a land lock district in voting and tentative approval from the Justice Department under Section V does not make the electoral system constitutional. There being none further to speak on this matter, the public hearing was closed. Council took no action. At this time, Councilmember Torrey stated that it was noted to Council that Ben Brown had been promoted from Assistant City Manager for Staff Services to Assistant City Manager for Administration and Finance. He offered congratulations and all Councilmembers agreed that he has been doing a good job. There being no further business, the meeting was adjourned at 10:32 p.m. REGULAR MEETING MONDAY, MARCH 28, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MARCH 28, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Robert M. Bennett, City Engineer Richard Herrera, Community Services Director Clark Dill, Environmental Services Director Wilbur Johnson, Fire Chief Jack Wilson, Parks and Recreation Director Robert Barefoot, Parks Superintendent William J.B. McGugan, Administrative Services Director Members of the Press The meeting was called to order by Mayor Dawkins who led the Pledge of Allegiance to the American Flag following the invocation that was offered by Chaplain Lenefsky, Fort Bragg. Mayor Dawkins complimented the program at Port Bragg Sicilly Drop Zone of the finest All-American Paratroopers and he is proud to be an American. 1. Approval of Agenda Councilmember Pillow offered motion to approve the agenda, seconded by Councilmember Kendrick and carried unanimously by voice vote. 2. Consents Mr. Smith stated that a corrected minutes page #531 showing an action that was omitted from the draft minutes for Item 19.B. had been submitted. He requested Council to pull Item D for explanation and advised that Item 3.1 and Item 2.Q.1 are the same matter. Mayor Pro-Tem Evans offered motion to approve the consent agenda with the corrected minutes page #531, pall Item D, and adopt the Resolution and Budget Ordinance Amendments, seconded by Councilmember Boss and carried unanimously by voice vote. The consent items are as follows: A. Approval of minutes of regular meeting of March 7, 1988. B. Set public hearing for April 18, 1988, to consider an application by W.F. Sledge for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-23, Item (1A) to operate an automobile off-street parking for employees and customer use in an R10 Residential District for an area located on the southeast side of Boone Trail, south of Village Drive. C. Set public hearing for April 18, 1988, to consider an application by Dr. Roy S. Massengill for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 33, Article IV, Section 32-24, Item (4) to operate a dental clinic in an R6 Residential District for an area located at the southeast corner of the intersection of Bragg Boulevard and Barrington Cross. D. Adoption of resolution to set a public hearing for May 3, 1988, to consider closing Norwood Street from Woodside Avenue westwardly to the CBD loop. (Pulled for discussion.) E. Award of contract for purchase of equipment to upgrade Police Department computer mainframe to unisys Corporation, lowest responsible bidder in the amount of $13,640.00. F. Award of contract for purchase of equipment to upgrade Data Processing Department computer to Wang Laboratories, Inc., lowest responsible bidder in the amount of $85,724.00. G. Award of contract for purchase of breathing apparatus to Jones Safety Supply, Inc., lowest responsible bidder in the amount of $15,870.00. The bide received are as follows: Jones Safety Supply, Inc. $15,870.00 Anderson Fire & Safety $16,000.00 Gastonia Fire & Safety $16,490.00 Vallen Safety $17,225.00 Triad Fire, Inc. $19,494.00 H. Award of contract for purchase of roll out carts for annexed areas to Applied Products, Inc., lowest responsible bidder in the amount of $147,000.00. The bids were as follows: Applied Products, Inc. $147,000.00 Kabco, Inc. $150,222.00 Pawnee Products $152,250.00 Pawnee Products Alternate - $148,750.00 I. Award of contract for purchase of five rear loading garbage bodies to Carolina Waste Systems, lowest responsible bidder. (Same as Item 2.Q.1.) J. Award of contract for construction of 36" water main from Morganton Road to Cliffdale Tank to C.K. Andrews Contracting Co., Inc., low bidder (PWC) in the amount of $749,196.40. The bids were as follows: C.K. Andrews Contracting Company, Inc. $749,196.40 Yates Construction Company, Inc. $751,866.30 Dellinger, Inc. $758,790.88 Blue Construction Company, Inc. $810,028.40 T.A. Loving Company $830,467.90 Slaughter Construction Company, Inc. $847,301.00 W.E. Blackmon Construction Company, Inc. $871,910.12 Howard Management Group Construction Company, Inc. $913,455.00 K. Award of contract for purchase of 500 250-watt Sodium Luminaries, and 1,000 400-watt High Pressure Sodium Luminaries to Rigby Electric Supply, Inc., low bidder (PWC), in the amount of $70,880.00 for 200-watt and $28,000.00 for 400-watt. The bids received were as follows: COMPANY 200-WATT 400-WATT Rigby Electric Supply, Inc. $70,880.00 $28,000.00 General Electric Supply Company $71,100.00 $28,025.00 Eastern Electric Supply, Inc. $71,400.00 $28,325.00 Westinghouse Electric Supply $80,190.00 $33,645.00 Mill-Power Supply $80,600.00 $32,245.00 L. Award of contract for 8-inch Well Point System to Thompson Pump and Manufacturing Company, Inc. (PWC), in the amount of $21,539.00. M. Adoption of Capital Project Ordinance Amendment 88-17. To set up appropriations of additional $244,350.00 in Program Income for Community Development plans to utilize in three new Year 13 projects. The sum of $100,000.00 for rehabilitation projects on Currie Street, $5,000.00 to employ a consulting firm to do site plan design for Spivey park/School, and $139,350.00 for Vanstory Street project. N. Adoption of Capital Project Ordinance Amendments 88-18, 88-19, and 88-20. To establish the Bond Projects under three of the four categories as presented in the Bond Referendum: street improvements, sidewalks, and storm drainage. The fire station is accounted for under existing Capital Ordinance 87-885. O. Adoption of Budget Ordinance Amendment Changes 88-21, 88-22, and 88-23. Amendment 88-21 to increase unanticipated Airport funds to include contract with Wilbur Smith and Associates to develop an Airport Certification Manual as required by new FAA regulations, new telephone system, and construction of office for police operations. Amendment 88-22 is for expenditures incurred for Community Service's Brotherhood Week Program. Amendment 88-23 is for unanticipated rising costs of vehicle parts and a large increase in the utilization of Garage's services. P. Award of contract for purchase of two front end cab and chassis to Bennett's white GMC, west responsible bidder in the amount of $118,666.00 contingent upon approval of a Lease-Purchase Agreement. Q. Award of contract for purchase of refuse bodies to the following lowest responsible bidders: 1. Section “A” only - rear loaders to Carolina Waste Systems Inc. in the amount of $111,525.00 contingent upon approval of a Lease-Purchase Agreement. The bids received were as follows: Carolina Waste Systems, Inc. $111,525.00 Cavalier Equipment Corporation $126,195.00 Simpson Equipment Corporation $134,005.00 Nu-Life Environmental, Inc. $152,175.00 Sanco Corporation $155,895.00 2. Section C Only - knuckle boom loaders and body to Petersen Industrial Machines, Inc., in the amount of $35,580.00 contingent upon approval of a Lease-Purchase Agreement. The bids received are as follows: Twin States Equipment, Inc. - Rejected - due to irregular bid Petersen Industrial Machines, Inc. $35,580.00 Public Works Equipment and Supply, Inc. $40,590.00 3. Section D Only - small rear loader to Mu-Life Environmental, Inc., in the amount of $15,295.00 contingent upon the approval of a Lease-Purchase Agreement. The bids received are as follows: Mu-Life Environmental, Inc. $15,295.00 Sanco Corporation $15,459.00 Cavalier Equipment Corporation $16.112.50 4. Section E Only - transfer trailer to Mu-Life Environmental, Inc., in the amount of $31,725.00 contingent upon approval of a Lease-Purchase Agreement. The bids were as follows: Mu-Life Environmental, Inc. $31,725.00 Cavalier Equipment Corporation $33,492.00 Simpson Equipment Corporation $34,690.00 Sanco Corporation $40.092.00 R. Approval of request from Capt. William Johnson for receipt of duty weapon and shield upon his retirement from the Fayetteville Police Department effective July 1, 1985. 2D. Adoption of resolution to set a public hearing for May 2, 1988, to consider closing Norwood Street from Woodside Avenue westwardly to the CBD Loop. Mr. Bennett stated there was no need for a public street where Norwood Street between Woodside Avenue and CBD Loop abuts adjoining properties that face onto Woodside only. Property owners have petitioned for it to be closed. He stated a paragraph should be substituted in the resolution, second paragraph beginning with the words “The City of Fayetteville” and substituted for “The proposed closing of this portion of Norwood Street is subject to an all-purpose utility easement(s) as determined by the City.” Mr. Bennett stated it will be more defined when it is presented to Council in a month. A PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CAUSE A PORTION OF NORWOOD STREET. RESOLUTION NO. 1988-40 Councilmember Wofford introduced the foregoing Resolution and moved its adoption with the substituted paragraph, seconded by Councilmember Rose and carried unanimously. A copy of the foregoing Resolution is on file in the Clerk's office in Resolutions Book R1988. 3. Public Hearings: A. Consideration of a resolution for paving Samuel Street without petition. Mr. Bennett presented this item and stated that this is the public hearing that has been advertised and all property owners have been notified. Mr. Bennett stated they are recommending adoption of this Resolution aa Part of the City's ongoing street paving program. Mayor Dawkins opened the public hearing. Mr. Buzz Ward, representing J. J. Barnes Company, was recognized and stated that this street was established 20 years ago and is the only street in the subdivision that is not paved. They are contemplating developing more of the area and he ham talked with everyone on the block and they expressed a desire to have it paved. Mr. Carl Foulks, 4700 Cherry Street, owner of property that abuts entire street, stated that since it would be quite a financial burden to him, asked for clarification of the early pay discount. Mr. Cogswell responded that after the project is completed, a public hearing is held to adopt an assessment roll, which in this case would be $4.00 per front foot. There would be approximately 60 days following this to pay the 30 percent discount from the $4.00. Otherwise, the full amount is due in five annual installments. Mr. Foulks had no objections. There was none to speak against this matter. A FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF SAMUEL STREET. RESOLUTION NO. R1988-41 Councilmember Ross 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 R1988. B. Consideration of Transportation Improvement Program Transit Director Jerome Brown presented this item stating that this is the two-year Capital Improvement Project and he reviewed the proposed purchases. This is a public hearing for citizen input and no action is necessary. Mayor Dawkins opened the public hearing and there was no one requesting to be heard. The public hearing was closed. Council took no action. Mayor Pro-Tem Evans thanked the Transit Director for a most efficient job. C. Consideration of Vanstory Street Conservation Plan Richard Herrera, representing the Redevelopment Commission, presented the Conservation Plan and reviewed the area on the map. He stated that this is a public hearing for anyone to input comments of the work being done in that area. Mayor Dawkins opened the public hearing and recognized Linda Miller, 903 Rexdale street, property owner who asked for a name and telephone number of someone to talk with about this matter. Her concerns are for low-income housing furnished for those being moved out. Mr. Herrers gave her information on how to reach him. Donald Fuller, 517 McDaniel Street, was concerned for the elderly in this area being taken advantage of and suggested that contractors need to be checked up on. He feels this has happened in the past. Mr. Herrera responded that the contractors are small minority contractors. Their work must be approved by the Department of HUD, homeowners must sign a release stating they are satisfied, two-party checks are issued to contractor and homeowner, and there is a year warranty on all work. If there is an agreement between contractor and homeowner for any work to be done later, other than what is on the work write-up, we do not take responsibility for that. Inspections are done by the Community Development personnel and City Inspection Department. Clarence T. McDonald, 523 Stevens Street, was recognized and he questioned if any houses were going to be demolished. Mr. Herrera responded by showing his on the displayed map which ones were being considered for demolition and contact would be made to the owner. DeCosta Whitehead, 709 Shambrey Street, expressed concern for having to continue paying taxes and yet cannot get a permit to build because it is in this area. Mr. Herrera responded that unless there is a statute or ordinance preventing this, he feels something could be worked out between the owner, Inspections, and Community DeveloPment. Otis D. McMillian, 335 Vanstory Street, was recognized and wanted to let them know they did not want to be relocated. There being no one else to be heard, the public hearing was closed. A RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL APPROVING CONSERVATION PLAN FOR THE VANSTORY STREET REHABILITATION PROGRAM, PROGRAM YEAR 1987-88. RESOLUTION NO. R1988-42 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 Resolutions Book R1988. 4. Consideration of application for funding for Small Business Incubator. Dr. Sid Gautam presented this item and offered to answer any questions following recognition of those to speak in support of this request. Those recognized speaking in support of the Small Business Incubator were: Bud Tisdale, representing Economic Development Corporation; Bob Caviness, President of the Chamber of Commerce; Al McKenzie, Manager of the Employment Security Commission; Steve Nye, Business Development Director of Olde Fayetteville Association; and Richard Herrera, representing the Revitalization Commission. There was lengthy discussion by Council with some of the concerns being the cost of renovation and the obligation by the City at a time when funds are needed so badly by our own departments. Also that the opportunity was not given to other agencies to apply for the use of the USO Building as was the Arsenal House. It was the consensus of Council to postpone this matter and have staff gave an update at the April 5, 1988, Council meeting. 5. Consideration of request from Southern Railroad Company to amend the ordinance requiring flagging at crossings on Russell Street/Franklin Street. (Continued from last meeting) Mayor Dawkins stated that the agenda shows this to be a CSX Railroad Company request and it should be Southern Railroad Company. Mr. Bennett stated that the Russell and Franklin Streets train crossings are all dangerous and he believes a flagman should be required at the dangerous crossings due to accidents that have occurred no matter which train was involved. D.P. Russ, Attorney representing Southern Railroad Company, feels this is too dangerous for the flagman and the only accidents have been with CSX trains and not Southern. Also this flagman creates a delay in switching causing the streets to be blocked at peak lunch hours. Mr. Larry Ball, Trainmaster from Raleigh, also reiterated what Mr. Ruse had reported and added that there is am increase in switching time by one-third. There was considerable discussion with concerns and suggestions by Council such as accidents causing a liability to the City if the City did not act to prevent a known hazard and having staff and Southern Railroad Company investigate signalization, replacing the flagmen in the future. Councilmember Kendrick offered motion to leave the ordinance as is but instruct the City staff to come back with other arrangements if possible, seconded by Councilmember Torrey. There was further discussion. Councilmember Wofford stated there could be the same liability to the City should a flagman be injured and he wold be in more danger than a person inside an automobile, therefore, he offered substitute motion to rescind the ordinance, seconded by Councilmember Ross, substitute motion failed 4 to 5 with Councilmembers Wofford, Ross, McBryde, and Bolton voting for and Councilmembers Evans, Kendrick, Torrey, Thompson, and Pillow voting against. Mayor Dawkins repeated the main motion and it carried 5 to 4 with Councilmembers Evans, Kendrick, Torrey, Thompson, and Pillow voting for and Councilmembers Wofford, Ross, McBryde, and Bolton voting against. 6. Consideration of adoption of a resolution declaring a vacant lot 701 and 703 on the south side of Hay Street surplus and advertising for sale with minimum bid. A RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1988-43 Councilmember McBryde 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 R1988. 7. Consideration of bids for resurfacing various streets. Mr. Bennett recommended awarding to the low bidder of G & P, Inc., in the amount of $1,266,656.50 from the bids received March 22, 1988, as follows: G & P, Inc. $1,266,656.50 Barnhill Contracting Company $1,274,284.45 Crowell Construction. Inc. $1,338,752.49 There was some discussion by Council concerning the closeness of the bids and awarding to out-of-state firms instead of local firms. Mr. Cogswell responded that investigation revealed that the out-of-state company met the statute requirements, therefore, he can only recommend that Council award to the low bidder. Mr. Bennett also responded by stating they had trouble receiving three bids as required and feels this might inspire local competition if a non-local firm can do the work for less. Also, this firm is planning to locate in this area in the near future. Councilmember Kendrick offered motion, seconded by Councilmember Ross, to award to the low bidder of G & P, Inc., in the amount of $1,266,656.50, carried unanimously. Mayor Dawkins requested that Mr. Bennett check into some type of improvements to Old Street as soon as possible. 8. Consideration of entering into negotiations with Quality Sports, Inc., for softball field complex. Jack Wilson presented this item and stated this is a unique softball complex that will also enable other outdoor sports and be a source of income to aid in operating the department functions and facilities. They are requesting that Council approve further negotiations. Mayor Pro-Tem Evans offered motion to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously. The City Manager presented Item 9 with explanations listed for each and recommended awarding to the lowest responsible bidders. 9. Consideration of award of contracts for the purchase of the following equipment: A. Refuse Bodies - front loaders Recommended action was to award the contract to Carolina Waste Systems, Inc., in the amount of $64,610.00, due to the history of poor performance and excessive maintenance costs of the lowest bidder. The bids received are as follows: Section “B” Only - Front Loaders Simpson Equipment Corporation $64,610.00 Carolina Waste Systems, Inc. $69,050.00 Cavalier Equipment Corporation $75,768.00 Sanco Corporation $84,715.00 Nu-Life Environmental, Inc. $85,508.00 B. Cab and chassis - rear loaders to North State Ford Truck Center, Inc. The recommended action was to award contract to North State Ford Truck Center, Inc., in the amount of $208,630.00 due to the lowest bidder not meeting the specifications for delivery time which is crucial to the new annexations. The bids received were as follows: Item “1” Only - Rear Loaders Smith International Truck Center $207,839.35 North State Ford Truck Center, Inc. $208,630.00 Bennett's White GMC $210,000.00 C. Aerial Lift Recommended awarding contract to Baker Equipment Engineering Company, in the amount of $36,861.00 due to the low bidder not meeting several specifications. The bids received were as follows: Owsley & Sons, Inc. $29,875.00 Baker Equipment Engineering Company $36,861.00 Eusco, Inc. $38,850.00 Duncan Manufacturing and Equipment Company -Rejected no bid bond Car-Vir Corporation - Rejected, no bid bond D. Aerial Ladder Truck Only one bidder. Recommended award of contract to Emergency Apparatus, Inc., in the amount of $288,949.00. Councilmember Wofford offered motion to award the contracts as recommended for Items A, B, C, and D, seconded by Mayor Pro-Tem Evans and carried unanimously. 10. Consideration of Resolution of the City Council of the City of Fayetteville adopting revisions to the electoral district boundaries of the City for the purpose of accounting for territory annexed to the City (Annexation 85-2-303). The City Attorney stated that the purpose of this Resolution is to assign the Sycamore Square annexation area to an electoral district. Although there are no voters in this area, this is the district that this area would be placed in if there were voters. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ADOPTING REVISIONS TO THE ELECTORAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXING TO THE CITY. RESOLUTION NO. R1988-44. Councilmember Kendrick introduced the foregoing Resolution and moved its adoption, seconded by Councilmember Bolton, carried 7 to 2 with Councilmembers Torrey and Ross voting no. A copy of the foregoing Resolution is on file in the Clerk's office in Resolutions Book R1988. 11. Consideration of request from Public Works Commission for joint meeting with the Fayetteville City Council on April 11, 1988. Following some discussion, Councilmember Kendrick offered motion to change the date from April 11 to April 13 at 7:00 p.m. at the PWC Conference Room, seconded by Councilmember Bolton and carried unanimously. 12. Consideration of request from Parks and Recreation Advisory Commission for joint meeting with the Fayetteville City Council on April 28, 1988. Jack Wilson was recognized and stated that this would be for an outdoor picnic at the new Mazarick Park shelter at approximately 6:00 p.m. or 6:30 p.m., following a tour in the afternoon of the park facilities and an update on the capital improvements being done, Council was in agreement on this date. 13. Appointments: Nominations to fill five vacancies on the Human Services Commission. Councilmember Kendrick nominated Ms. Vilona Bledsole, with the Cumberland Country Indian Association. Councilmember Ross renominated Mrs. Christine Smith who is eligible for one more term. Mrs. Rosa withdrew her former nomination of Mrs. Caroline Dedeaux to hold until the next vacancy. Mayor Dawkins then called for votes on those elected and they were as follows: Elected to serve a two-year term for the five vacancies were Reverend Curtis Harper, Harry Rulnick and Vilona Bledsole with 9 votes each, Christine Smith with 5 votes, and Reverend John Godbolt with 7 votes. Not selected was Mr. R. H. Beatty who received 3 votes. 14. Administrative Reports: Mayor Dawkins acknowledged the notice regarding the Kiwanis Prayer Breakfast on Saturday morning at 7:30 a.m. He also encouraged everyone to attend the Dogwood Festival events. The next regular Council meeting will be April 5. He also wished everyone a happy Easter and Passover. There being no further business, the meeting was adjourned at 10:03 p.m. Calendar Year 1988 Resurfacing Program, Contract #B17-356-87. STREET NAME FROM TO LENGTH WIDTH Albany Edgecomb Radolph 1637 32 B Street Grove Person 1320 32 Bayview Longleaf Winterlocken 859 32 Belevedere Pearl End 1425 32 Belllemeade Shadowlawn Edenwood 528 32 Bennett Chadwick Cul-De-Sac 690 25 Berkshire Player Chng Pvat 792 32 Bixley Swann Daisy 375 32 Boros Trevino Mints 900 24 Bryn Mawr Village Fordham 1089 32 Cascade Seabrook Edgecomb 1350 32 Cascade Edgecomb Druid 550 32 Castlerock Alden Player 490 32 Conover Dr. Village Dr. Fargo 1478 32 Cranbrook Cir. Chadwick Chadwick 1953 32 Cross St. Offshore Longleaf 110 32 Darmouth Van Der Mere Colgate 800 32 Duncan Blanton Scrampton 1056 32 Dwain Dr. Commerce Chesterfield 1531 32 E. Russell E. Blvd. Broad 1373 40 Edgewater Mirrow Lake Westchester 1500 32 Elmhurst Colgate Van-De-Mere 1375 32 Fairfax Ft. Bragg Rd. McPherson Ave. 792 32 Fairfield Cliffdale Cliffside 2200 32 Forest Lake Vista Valey 1056 32 Glenburney Cliffdale Fairfield 1690 32 Gola Dr. Olympia End 700 32 Habersham Marlborough Hermitage 1742 32 Hermitage Marlborough Berkshire 1267 32 Null Rd. Ft. Bragg Deavers 3170 32 Kirkwood Colton Cul-De-Sac 800 32 Lakeview Forrest Lakes Vista 850 32 Lamon St. Bevil End of Maint 1214 32 Law Rd. Carol Ontra 100 32 Lennox Colinwood Inwood 250 32 Lido Gola Dead End 264 32 Lochstone Lennox Cul-De-Sac 225 32 Lookout Pl Southport Cul-De-Sac 265 32 McAlphin Vestal Lake 850 32 McChoen Birksdale Crandrook 1350 25 Mirrow Lake Thorncliff Foxhall 2000 32 Montgomery Buxton Hadley 528 23 North Pearl Edenwood Shadowlawn 850 32 Northwestern Ramsey Walstone 1425 32 Nottingham Westminister Cul-De-Sac 528 32 Offshore 150 Cross St 150 West Cross 350 32 Park Ave. Ft. Bragg Rd. End 528 20 Patterson Albany Rudolph 792 32 Puritan Southern Dead End 520 32 Randinita Clearwater Rosehill Rd. 1373 32 Rolling Hill Rd. Colgate Lake Club 1320 33 Roxie Village Fargo 2640 32 Rushmore McPherson Ch. Palomar 211 40 S. King S. Russell End 264 32 Scrampton Pamelee Swan 1056 32 Sessoms Wright Buxton Blvd. 1056 32 Shadowlawn N. Pearl Belemeade+300 1320 32 Shasta Palamor Rainer 800 32 Spencer Southern Dead End 528 32 Spruce Cherokee McGougan 1300 32 St. Mary's Pky. Morganton Granville 600 20 Starmount Clearwater Cul-De-Sac 265 22 Swann Duncan Tryon Dr. 1850 22 Teachers Grear Grear 800 25 Tryon Duncan Moorehead 1300 32 Tuxford Lennox Cul-de-Sac 325 32 Valencia Cain End Pvmt. 1584 33 Valley Lakeshore Woodcrest 528 32 Vestal Lake Sourwood 528 23 Webster Daisy Duncan 1056 32 Weiss Robinson Ashley 1320 32 Wentworth Alden Player 380 32 Winterlochen Raeford Sylvan 3450 32 Williams Blount Franklin 2059 32 Woodland Westspoint Oakridge 792 32 85,985 LF Approved by Council: February 1, 1988 ENGINEERING DEPARTMENT PROJECT NUMBER B17-356-87 TABULATION, BIDS OPENED AT 10:00 AM EST, MARCH 22, 1988 SURFACING VARIOUS STREETS, BOND FINANCED Please Note: To view the tabulation of bids, please see Book W, pages 541-542 of the City of Fayetteville Meeting Minutes. REGULAR MEETING TUESDAY, APRIL 5, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, APRIL 5, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr. , Assistant City Manager, Administration and Finance Robert M. Bennett, City Engineer Henry Powers, PWC Water and Sewer Superintendent Ronald Hansen, Chief of Police Pete Piner, Assistant Fire Chief Clark Dill, Environmental Services Director William J. B. McGugan, Administrative Services Director David Nash, Annexation Studies Coordinator Harry Auten, Assistant Inspection Superintendent Members of the press The meeting was called to order by Mayor Dawkins and the Invocation was offered by Reverend David M. Chamberlain, St. John's Episcopal Church, followed by the Mayor leading the Pledge of Allegiance to the American Flag. Mayor Pro-Tem Evans requested the prayer be spread in the minutes. It is as follows: “Direct this Council, oh Lord, in all of its doings with thy most gracious favor. Guide it with Thy continual care that all its works are begun and ended in thee, that each member might glorify your Holy Name. Make the members of this Council true instruments of Your peace and masters of themselves so that they might become the servant of others. Take their minds and think through them, take their lips and speak through them and take their hearts and set them on fire with love. Be ahead of them to guide them, beside them to counsel them, behind them to support them, above them to bless them and within them giving them Your peace, your patience and power, that in all they say and do they might be ever mindful of and responsive to the needs of others. In your Holy Name we pray. Amen.” RECOGNITION: Kathy Tillman, State Director, and Connie Miller Leathers were recognized In the audience from the Cross Creek Jaycees. 1. Approval of Agenda Mr. Smith stated that the Airport Commission had requested that Item 7 be pulled until the April 18 meeting due to an attempt to work out other arrangements. Mr. Smith clarified that Item 2.F. is setting a public hearing for the May 2 suggested date. He stated that there are several people in the audience concerning Items 9 and 10, therefore, Council might want to consider holding these at a later date as public hearings. Mayor Pro-Tem Evans offered motion to continue Items 9 and 10 to the April 18 regular meeting, seconded by Councilmember Ross. Following some brief discussion, Councilmember McBryde offered a substitute motion for Items 9 and 10 to be set for public hearing for April 18, second by Councilmember Thompson and carried unanimously by voice vote. Mr. Smith has had a request to move Item 18.A. up on the agenda since representatives are present. Councilmember Kendrick offered motion to move 18.A. up to Item 7 that had been pulled, seconded by Councilmember Torrey. There was some discussion and Councilmember Torrey rescinded his second with Councilmember Kendrick rescinding his motion, therefore, Item 18.A. will be heard in its regular order. Councilmember Ross offered motion, seconded by Councilmember Kendrick to approve the agenda as amended, carried unanimously. At this time, Councilmember Thompson requested to abstain from Item 8 due to his employer having a property right interest. Councilmember Bolton offered motion to grant his request, seconded by Councilmember Pillow and carried unanimously witch a voice vote. 2. Consent: Councilmember Pillow offered motion to approve the consent agenda eliminating Item F and adopting the Resolution, seconded by Councilmember Kendrick and carried unanimously. Councilmember Pillow offered motion to set a public hearing for May 2 on Item 2.F., seconded by Councilmember Kendrick and carried unanimously. The consent agenda items are as follows: A. Approval of the following requests for tax refunds: 1. Edgerton M. Vaughan, Jr., in the amount of $31.26. 2. V.F. Talley & E.0. McLaurin in the amount of $469.83. 3. Deborah Wood Steadman in the amount of $498.06. 4. O.J. Scarborough, Jr., in the amount of $79.06. 5. Mark E. Rehrer in the amount of $74.74. 6. Wilbur L. Ray, Sr., in the amount of $26.94. 7. Darrell D. Myers in the amount or $10.98. 8. Kitty Kramer in the amount of $11.10. 9. Insurance Finance Co. in the amount of $592.26. 10. General Electric Credit in the amount of $37.80. 11. Lewis C. Deaton, Jr., in the amount of $41.70. 12. Gary M. Betterton in the amount of $18.48. 13. William C. Barrett, Jr., in the amount of $5.10. 14. Douglas and Lourdes Austin in the amount of $44.40. 15. Vernon Allen in the amount of $20.74. B. Approval of request from Sgt. James M. Butler, Jr., for receipt of duty weapon, shield and thirty-year pin upon his retirement from the Fayetteville Police Department effective March 29, 1988. C. Approval of contract between City of Fayetteville and Wilbur Smith Associates, Inc., for production of Certification Manual for the Fayetteville Regional Airport. D. Approval of bid award for purchase of various size transformers to Mill-Power Supply and Hesco, low evaluated bidders. (PWC) Bids were received March 15, 1988, and low bids are as follows: Unit Total Company Quantity Description Price Cost Mill-Power Supply 50 50 KVA Padmount $1,152 $57,600 Hesco 20 10 KVA Overhead $403 $8,060 Mill-Power Supply 1 2,500 KVA Substation $25,493 Mill-Power Supply 25 25 KVA Overhead $565.90 $14,147.50 Hesco 20 25 KVA padmount $931 $18,620 Mill-power Supply 25 15 KVA Overhead $459 $11,475 Mill-Power Supply 50 50 KVA Overhead $754 $37,700 E. Approval of bid award for construction of water distribution main along Bragg Boulevard and Santa Fe Drive to W.M. Paris & Associates, Inc., low bidder (PWC) in the amount of $592,509.05. Bids received March 22, 1988, are as follows: W.M. Paris and Associates, Inc. $592,509.05 T.A. Loving Company $737,262.04 Dellinger, Inc. $708,979.95 Central Builders, Inc. $654,146.00 Carlyle Contractors, Inc. $742,454.20 F. Approval of a petition to close Finnegan Street west of Pilot Avenue. Public hearing set for May 2, 1988. A PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF FINNEGAN STREET. RESOLUTION NO. R1988-45 A copy of the foregoing Resolution is on file in the Clerk's office in Resolutions Book R1988. G. Approval of request from Cross Creek Mall, contingent upon meeting requirements of Fire Department, for fireworks display on April 10, 1988. H. Award of, contract for Purdue/Cheselka Street Connector Design Services to Averette Engineering Co. I. Authorize advertisement of offer to purchase parcel #A-2 southeast Fayetteville NDP for the sum of $45,000. 3. Public Hearings: A. Consideration of Annexation of Area 8 - The Oaks - Shorewood - Hermitage Mr. Stancil presented this item and stated that this is the public hearing that was advertised in The Fayetteville Observer and The Fayetteville Times on March 22 and March 31. At least four weeks prior to the date of this public hearing, notice was sent by first class mail to all property owners within the area proposed for annexation. Thirty-five letters were returned to the City as undeliverable by the tenth day before the hearing. The letter was sent to these 35 property owners at the best available address by certified mail, return receipt requested, at least seven days before the hearing as required by General Statute. Mr. Stancil displayed the area map and thoroughly reviewed the annexation report for Area 8, including all services to be provided by the City and the City department heads present were introduced. A comparison of annual costs for a single-family home inside and outside the City, by tax value of the home, was made available to everyone and Mr. Stancil reviewed the chart. A copy of the report and chart is attached and made a part of these minutes. Henry powers, PWC Water and Sewer Superintendent, reported that most all of these areas already have water either from PWC or private source, which will probably eventually be taken over by PWC or parallel lines installed. Very few of these areas of sanitary sewer but it would be made available to all of the areas within two years after annexation. Mayor Dawkins opened the public hearing for anyone wishing to speak and recognized Mr. Glen Boyle, 5405 Woodview Drive, Woodglen Subdivision, Vice president, Home Owners Association and tonight's spokesman for the Association. He stated they believe the costs that will be incurred will outweigh the benefits received by being annexed. He requested that Woodglen be excluded from Area 8 and included with the area south which is not being annexed. Among some of their concerns was the chance of losing trees and hurting the beauty of the neighborhood when sewer service is installed and their streets will not be maintained by the City because they are private streets. Mr. Boyle also questioned whether the street lights that have already been installed will be paid for by the City and Mr. Powers responded that the City would take care of the surcharge on the street lights. Mr. Boyle further expressed concern for the drainage problem they are having that will not be taken care of by the City and he requested that this be incorporated in the plan. Mr. Stancil responded that these areas have been studied for quite some time and where the boundaries were originally drawn, PWC could not provide service to the area left out. Although they have since developed the capacity to do that, but since we cannot react immediately to that, this will be included in the next proposed annexation. Mr. Stancil also explained that the City would not extend water and sewer services into the property unless the streets were dedicated and then we would also provide street maintenance. Mr. Woody Tetterton, Woodglen resident, stated that some of their concerns were that their private streets do not conform to requirements for City streets. If these were dedicated, would the residents have to maintain them and would any funds come back to them from the City. Council advised that no funds would come from the City. Mr. Tetterton also expressed concern for the drainage problem and requested that this area be deleted from the proposed annexation at this time since they would not receive benefits of streets or water/sewer. Mr. Stancil responded to the drainage problem stating that a study is being done with bond funds of urban areas which would include the area in question. Mr. Smith stated that most of the City street maintenance funds come from gasoline tax not from property tax and that is the reason for no consideration for rebates. Councilmember McBryde also noted that only about one-third of our revenues come from property tax. Mr. Ralph Loft, 217 Woodglen stated their restricted covenants conflict with City policies, such as leaf pick-up not in containers must be picked up within 48 hours. Mr. Stancil responded that if the leaves are in a container they are picked up with regular trash as do the private collectors. Therefore, if they continue to put their trash in a container it will be picked up. Mr. Lot feels this would be the only service the City would provide to him and also requested City not to consider this area for annexation. Mr. Harold Blitch, 342 Landsdown in Hermitage Subdivision, and Mr. Woodard J. Reeves, 4907 Yadkin Road, who stated he has acres of non-developed land, both were concerned about the amount of taxes to be paid and the cost of tying onto sewer when the time comes. They feel the benefits are not great enough. Mr. R. B. Stone, 115 Old Gate Road, and Marie Presler, 115 Hearthstone, concurred with the others. Mrs. Presler also mentioned the unpaved streets still in Fayetteville. Mr. Hubert Noble, 111 Hearthstone, feels that the City's documents prepared for this annexation are flawed and inaccurate. He made reference to Parks and Recreation in that it says what the City has already, not what it is going to give them. He also stated he felt that a “windshield” survey was not adequate for these reports and made reference to the number of people in the homes. Mr. Stancil responded that they use several people to do this survey and it was very detailed. This was for land use, such as, what type of building was where, whether it was residential, multi-family, commercial, institutional, and so forth. People were not counted in the survey and unless they go door to door the only document we have to go by is the 1980 census. Mayor Dawkins responded that approximately 97% of the City streets have been paved. Mr. Bennett added that the City maintains 270+ miles of streets and there are approximately 9 miles unpaved at this time. He added that the City Council usually responds to citizens by petition for street paving and the streets Mrs. Presler is referring to have not been petitioned for. Mrs. Pamela Elkins, Landsdown Road in Hermitage Place, discussed the sewer line in that area and stated that she felt they should not have to pay for sewer if the others did not pay. Mr. Powers responded that the sewer line that was put in along the lake side was for an interceptor system for a collector system, and not put in for the residents. That is why there was no charge for putting the sewer in at that location. Mr. John C. Ray, 60105 Cliffdale Road, also questioned the assessment for sewer that was already installed. Mr. Powers assured him that if the sewer line is there, they will not be assessed. However, they will need to pay for tap-on fees when they have need of that service. Mr. Loft was again recognized questioning trash pick-up on their private streets and who would investigate in the event of an accident. Mr. Smith responded that if the trash trucks are allowed on their streets they will pick up the trash. Also Chief Hansen stated that should an accident occur the Police Department will investigate. Ms. Ann Green, 119 Hearthstone Drive in the Oaks Subdivision, questioned whether the 30 percent discount for full payment would apply in 1988. Mr. Smith responded that the policy adopted by Council would be up for review again at the next fiscal year which begins July 1, 1988. Any annexations that are started before June 30, 1988, will include the 30 percent discount policy. Ms. Green requested that Council consider adopting this same policy. Mr. James E. Belmont, 113 Hearthstone in the Oaks Subdivision, also made Council aware of the drainage problem in that area and requested the name of the person he should contact concerning this. Mr. Bennett responded. Mr. Harold Kidd, 5401 Woodview Drive in Woodglen, invited Councilmembers individually to see their subdivision and hear their concerns. Clinton Harris, Coordinator for Fayetteville/Cumberland County Citizens Association, Post Office Box 1792, 4713 Watauga Road, was recognized as having the same opposition as in the past which stated that this association is opposed to the annexation because the City's electoral system is not in accord with the 14th and 15th Amendments to the Constitution. There is a land lock district in voting and the tentative approval from the Justice Department under Capital Section V45 does not make the electoral system constitutional. There being no one else to be recognized, Mayor Dawkins closed the public hearing. B. Consideration of Annexation of Area 7 - Yadkin Road Mr. Stancil presented this item and stated that at least four weeks prior to the date of this public hearing notices were sent by first class mail to all property owners within the area proposed for annexation. The list of property owners was taken from County tax records. No letters were returned to the City as undeliverable by the tenth day before the hearing. Public notice was published in the Fayetteville observer and the Fayetteville Times on March 22, 1988, and March 31, 1988. Mr. Stancil displayed the area map and thoroughly reviewed the Annexation Report for Area 7 - Yadkin Road, including all services to be provided by the City and the City department heads present were introduced. Mayor Dawkins opened the public hearing and recognized Mr. Bland Simmons, 108 Bedlow, representing the Fort Bragg Credit Union on Yadkin Road. Mr. Simmons stated that the credit union is exempt from federal taxes and reminded Council of the contributions the military affords Fayetteville and requested that this credit union not be annexed. Clinton Harris, Coordinator for Fayetteville/Cumberland County Citizens Association, Post office Box 1792, 4713 Watauga Road, was recognized as having the same opposition as in the past which stated that this association is opposed to the annexation because the City's electoral system is not in accord with the 14th and 15th Amendments to the Constitution. There is a land lock district in voting and the tentative approval from the Justice Department under Capital Section V45 does not make the electoral system constitutional. There being no one else to be recognized, the public hearing was closed. At this time Mayor Dawkins recognized former Mayor Bill Hurley, present in the audience. C. Consideration of Annexation of Area 6 - Bragg Boulevard Mr. Stancil stated that at least four weeks prior to the date of this public hearing notice of this public hearing was sent by first class mail to all property owners within the area proposed for annexation. The list of property owners was taken from the County tax records, one letter was returned to the City as undeliverable by the tenth day before the hearing and a letter was sent to this property owner at the best available address by certified mail, return receipt requested, at least seven days before the hearing. The public notice was published in the Fayetteville Observer and the Fayetteville Times on March 22, 1988, and March 31, 1988. Mr. Stancil reviewed the report consisting of the Services to be provided and displayed the area map. Mayor Dawkins opened the public hearing and recognized Mr. Crawford Hardin, property owner with partner Torsen Byer of 4424 Bragg Boulevard. He questioned the zoning, the tax rate for commercial, sidewalks and a few other things that wet-e responded to by Mr. Stancil and Mr. Cogswell to Mr. Hardin's satisfaction. Mr. Hoyt Randall, 428 Blanton Road, stated that he was not opposed to the annexation but feels services should be extended before annexation in order to promote goodwill and cause people what Fayetteville has done for them. Mayor Dawkins assured Mr. Randall that if this area is annexed it will have those services within two years. Mr. Nathan Blanton, 1021 Mince Mill Road, stated that he is not opposed to annexation but questioned how taxes will be figured for the year and the zoning status. Clinton Harris, Coordinator for Fayetteville/Cumberland County Citizens Association, Post office Box 1792, 4713 Watauga Road, was recognized as having the same opposition as in the past which stated that this association is opposed to the annexation because the City's electoral system is not in accord with the 14th and 15th Amendments to the Constitution. There is a land lock district in voting and the tentative approval from the Justice Department under Capital Section V45 does not make the electoral system constitutional. There being none further to be recognized, the public hearing was closed. 4. Presentation by Appearance Commission regarding City tree program. Daniel Hicks, Chairman of the Appearance Commission, presented this item and requested that a line item be placed in Parks and Recreation budget for consideration. Mayor Pro-Tem Evans offered motion, seconded by Councilmember Thompson to include this request in the 1988-89 budget request, carried unanimously. 5. Consideration of requests for use of the Arsenal House. Mr. Smith recommended the Museum of Cape Fear due to it being in keeping with the general plans for the area. Other requests were received from R.S.V.P., International Firefighters Museum, Inc., and Rape Crisis Center. Mr. Smith also suggested that Council might consider temporary uses by agencies or City offices. Councilmember Wofford offered motion to follow the City Manager's recommendation for a long-range view to Cape Fear Museum and allow City offices or other agencies temporary use, seconded by Councilmember Pillow. Mayor Pro-Tem Evans stated that due to the Rape Crisis being forced to move, she committed herself to them to vote for their use of the building. Therefore, Mayor Pro-Tem Evans offered substitute motion to negotiate with the Rape Crisis, seconded by Councilmember McBryde. Motion failed 3 to 6 with Councilmembers Evans, McBryde and Kendrick voting for, and Councilmembers Thompson, Bolton, Ross, Pillow, Torrey, and Wofford voting against. The original motion carried 6 to 3 with Councilmembers Evans, McBryde and Kendrick voting against. Following some discussion, Mr. Smith stated that he would contact the County Manager to assist in locating a place for the Rape Crisis. 6. Consideration of award of contract for restoration design services for the Market House. Councilmember McBryde offered motion to award the contract to C. Phillips and Company, P.A. of Winston-Salem in the amount not to exceed $50,000, seconded by Councilmember Thompson and carried unanimously. 7. Consideration of award of contract for construction of Internal Access Road at Fayetteville Regional Airport. (PULLED FOR FUTURE MEETING) 8. Consideration of a resolution to acquire right-of-way - Parcel E-1 - Cool Spring Street widening project. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1988-46. Councilmember Wofford introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried 8 to 0 with Councilmember Thompson abstaining. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. 9. Consideration of a resolution accepting the platted portion of Churchill Drive extension. (PULLED FOR FUTURE MEETING) 10. Consideration of a request of extension of Churchill Drive southwardly from Westdale Street. (PULLED FOR FUTURE MEETING) 11. Consideration of acquiring right-of-way along Lone Pine Drive. Mr. Cogswell stated he wanted to make Council aware that there will be no PWC assessment for the side of the street with the hatch pattern since it will not be benefited by the PWC action, whereas there will be a street paving assessment for that side. Councilmember Kendrick offered motion to approve as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously. 12. Consideration of Lease-Purchase Financing Agreement. Mr. Cogswell stated that we do not have all of the documents, therefore he is requesting Council only accept the proposal at this meeting and then adopt this document on the April 13 meeting. Following some discussion, Councilmember McBryde offered motion to enter into the Lease-purchase Agreement with First Union National Bank based upon their proposal for the acquisition of the items listed on Exhibit A, seconded by Councilmember Ross and carried unanimously. 13. Consideration of approval of Audit contract: A. Amendment to 1987-88 B. Award of 1988-89 Mr. Smith presented this item and stated that the Peat, Marwick Company has gone above and beyond what audit firms usually do and he feels we should continue working with this firm another year before putting it back out for bids. The $3,000 increase that has been requested in price for the 1987-88 report and next year's report creates the need to amend the contract. Councilmember Wofford offered motion to approve the contract as recommended with the $3,000 increase for items A and B for 1987-88 and 1988-89, seconded by Councilmember Bolton and carried unanimously. 14. Consideration of approval of Capital Parking Lot Lease. Mr. Smith stated that this arrangement has worked out well and recommends renewal of the lease and the increase of $125 per month. He also recommends that the City assume maintenance of the equipment and replace the existing equipment with new at an estimated cost of $5,000. There was lengthy discussion with Councilmember Wofford questioning the liability coverage not being adequate. Mr. Cogswell agreed and recommended the stipulation of $1,000,000. Councilmember Bolton offered substitute motion to amend the insurance coverage to $1,000,000, seconded by Councilmember Wofford and carried unanimously. Mr. Smith stated that we will continue on a month-to-month basis until the new equipment is installed and then the lease will be executed with the $125 increase. 15. Consideration of award of contract for purchase of patrol helmets. Mr. Smith stated that this item was not on the Consent Agenda due to being a single bid item. Following some discussion, Councilmember McBryde offered motion to award to the single bidder of Super Seer Corporation in the amount of $15,750, seconded by Councilmember Ross and carried unanimously. 16. Consideration of award of contract for conversion of fire pumper to fire pumper-tanker. Mr. Stancil stated that this is a piece of equipment that will accommodate not only the existing area but also future annexed areas that might not have fire hydrants. He is recommending Harold's Sales and Service of Marietta, Georgia in the amount of $25,025. Councilmember McBryde offered motion to award to the low bidder as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously. 17. Appointments: A. Nomination/election to fill two vacancies on Human Services Commission. Councilmember McBryde offered motion to elect Mrs. Carolyn Dedeaux of 3207 Barksdale Road, Fayetteville, NC 28301, and R. H. Beatty of 513 Spaulding Street, Fayetteville, NC 28301, to fill a two-year term each, seconded by Councilmember Bolton and carried unanimously. 18. Administrative Reports: Mayor Dawkins reminded Council of the reception to be given at the Kyle House next Monday at 10:00 a.m. with the Clean Community for the workers that will be working to clean our City on April 23, 1988. Mayor Pro-Tem Evans requested that on items 9 and 10, all affected property owners be notified of the April 18 meeting by staff. A. Update on Small Business incubator Mr. Smith stated that we would have to keep the incubator in operation and a potential stumbling block would be the wording in the lease concerning the U.S. Army having a proviso in the lease to take the building back at any time, even though it would probably be something drastic. Also, there is the deadline of April 18, 1988, for the grant application. Councilmember Wofford offered motion to instruct the City Manager to continue to pursue this and return another update at the Council Meeting on April 13, 1988, seconded by Councilmember Bolton. There was lengthy discussion. Mayor Dawkins called for a vote and the motion carried 6 to 3 with Councilmembers Evans, Pillow and Ross voting against. B. Report concerning request for traffic signal on Murchison Road at Blue Street intersection. There being no further business, the meeting was adjourned at 11:20 p.m. SPECIAL MEETING WEDNESDAY, APRIL 13, 1988 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING PWC CONFERENCE ROOM WEDNESDAY, APRIL 13, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde, Horace K. Thompson, Jr., Tommy Bolton, Joseph L. Pillow, Thelbert Torrey, Milt Wofford, and Mark Kendrick Public Works Commission Members Jim Warner, Tom McCoy, Bill Owen, and Robert Williams 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 The meeting was called to order by Mayor Dawkins. He first recognized City Manager Smith for a report on the proposed Small Business Incubator. The City Manager recommended that the City not submit an application at this time because of unresolved problems and a letter from the United States Army stating that the Small Business Incubator was not an acceptable use for the U.S.O. building. The City Manager indicated that he would continue to work with Dr. Gautam to locate a building or site for the Small Business Incubator and possibly apply during the next round of applications in September, 1988. The mayor next recognized City Manager Smith and City Attorney Bob Cogswell for a presentation on the proposed lease purchase discussed at the last regular meeting. Upon motion by Councilmember Bolton, seconded by Councilmember Kendrick, the Council voted unanimously to adopt the Certificate of Resolutions and Incumbency as recommended by the City Manager and the City Attorney. The Certificate of Resolution and Incumbency is as follows: WHEREAS, the City has entered or is entering an Equipment Lease/Purchase Agreement dated April 26, 1982, and a Commitment Letter dated April 11, 1988, with First Union National Bank of North Carolina; NOW, THEREFORE, be is RESOLVED that the Agreement and Letter be, and is hereby approved and that the action of the official or officials of the City in signing the Agreement and Letter 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) names 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 and (ii) such officers have the authority on behalf of the City to enter into all documentation connected with the Equipment Lease/Purchase Agreement. Signed by: John P. Smith, City Manager Signed by: John B. (Ben) Brown, Jr. , Assistant City Manager for Administration/Finance Signed by: Sonja Richardson, Investment Analyst The mayor then recognized Jim Warner, Chairman of the Public Works Commission. Mr. Warner then reviewed the current status of PWC and the purpose of the meeting which was to review projects and to sketch where the Public Works Commission was going. Tim Wood, PWC General Manager, then made a presentation concerning the Public Works Commission. Mayor Dawkins also recognized Walter Moorman, Albert McCauley, and Dohn Broadwell for their comments. There being no further business, the meeting was adjourned. REGULAR MEETING MONDAY, APRIL 18, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, APRIL 18, 1988 Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney James F. Teal, Administrative Assistant to the City Manager Robert M. Bennett, City Engineer Clark Dill, Environmental Services Director Wilbur Johnson, Fire Chief Ronald Hansen, Police Chief Frank Simpson, Inspections Superintendent Tim Wood, PWC Manager David Nash, Annexation Studies Coordinator Walter Haire, Housing Inspector G. Allen Mitchell, Assistant City/County Planning Director Members of the Press The meeting was called to order by Mayor Dawkins and the invocation was offered by Reverend Ralph W. Jernigan, Pastor of Mt. Carmel Pentacostal Holiness Church, followed by the Pledge of Allegiance to the American Flag being led by the Mayor. RECOGNITION: Ms. Donna Blalock, Miss Fayetteville/Dogwood, was presented flowers by the Mayor and Councilmembers as a small token of appreciation for her representing the City of Fayetteville. Ms. Blalock stated that she was looking forward to representing and promoting Fayetteville. Kwasi Ankrah, appointee to 1988 European Select Soccer Tour, and family, was presented a Certificate of Appreciation for his outstanding ability and selection to the Under 19 Select Men's Team. Kwasi stated he was very honored to be picked for the team and grateful for the opportunity to come tonight. City Manager John Smith announced and introduced Jimmy Teal as Administrative Assistant to the City Manager. He was promoted from the Transit Department where he had been working in administration for the pa.t seven years. Mr. Smith requested an item be added to the consent adding a public hearing for May 2, 1988, for the 1988-1989 Community Development Block Grant as item 2F. 1. Approval of Agenda Councilmember McBryde offered motion to approve the agenda with the addition, seconded by Councilmember Bolton and carried unanimously. 2. Consent: Councilmember Wofford requested Item 2.B. be pulled due to the minutes being incomplete. Councilmember Torrey requested Item D be pulled for discussion. Councilmember McBryde offered motion to approve the consent agenda deleting Item B and D and adopting Budget Ordinances and Resolutions, seconded by Councilmember Bolton and carried unanimously. A. Approval of minutes of regular meeting of March 28, 1988. B. Approval of minutes of regular meeting of April 5, 1988. (POSTPONED) C. Adoption of Capital Project Ordinance 88-842. D. Adoption of Budget Ordinance Amendment Changes 88-24 and 88-25. (PULLED FOR DISCUSSION) E. Adoption of Resolutions setting public hearings for May 16, 1988, to declare cost and ordering of preparation of preliminary assessment rolls for paving, sanitary sewer extensions, and water extensions on the following streets. 1. Coffman Street from Cumberland 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 AND SANITARY SEWER EXTENSION OF COFFMAN STREET FROM CUMBERLAND ROAD TO DEAD END. RESOLUTION NO. R1988-47. 2. Dinmont Circle from Eugene 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 AND SANITARY SEWER EXTENSION OF DINMONT CIRCLE FROM EUGENE STREET TO CUL-DE-SAC. RESOLUTION NO. R1988-48. 3. Eugene Street from Coffman Street westerly 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 AND SANITARY SEWER EXTENSION OF EUGENE STREET FROM COFFMAN STREET WESTERLY TO CUL-DE-SAC. RESOLUTION NO. R1988-49. 4. Little Beaver Drive from Nato Road to Fargo Drive RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING FOR PAVING, SANITARY SEWER AND WATER EXTENSION OF LITTLE BEAVER DRIVE FROM NATO ROAD TO FARGO DRIVE. RESOLUTION NO. R1988-50. 5. Nato Road from Owen Drive to Dead End RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING FOR PAVING, SANITARY SEWER AND WATER EXTENSION OF NATO ROAD FROM OWEN DRIVE TO DEAD END. RESOLUTION NO. R1988-51. 6. Phillies Circle from Nato Road to Owen Drive RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING FOR PAVING, SANITARY SEWER AND WATER EXTENSION OF PHILLIES CIRCLE FROM NATO ROAD TO OWEN DRIVE. RESOLUTION NO. R1988-52. 7. Fargo Drive from Nato Road to Northeast Margin of Lot 16, Plat Book 29, Page 53 RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING FOR PAVING. SANITARY SEWER AND WATER EXTENSION OF FARGO DRIVE FROM NATO ROAD TO NORTHEAST MARGIN OF LOT 16, PLAT BOOK 29, PAGE 53. RESOLUTION NO. R1988-53. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. F. Set public hearing for May 2, 1988, for the 1988-89 Community Development Block Grant. 2D. Adoption of Budget Ordinance Amendment Changes 88-24 and 88-25. Councilmember Torrey questioned the reason for this amendment. Mr. Smith responded that this was to cover Lease/Purchase payments for three remaining months of the year for the Sanitation Division for tractors (cab and chassis). Councilmember Torrey offered motion to approve the Budget Ordinance Amendment, seconded by Councilmember Bolton and carried unanimously. At this time, Mayor Dawkins introduced Nat Robinson, intern as Senior from Eton College and who is a future leader and has been a great help to him. Mayor Dawkins reminded the audience of the fifteen (15) minute time limit for those speaking in favor and fifteen (15) minutes for those apposed to public hearings with the exception of the annexation matters. 3. Public Hearings: A. Consideration of an application by W. F. Sledge for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, section 32-23, Item (1A) to operate an automobile off-street parking for employees and customer use in an R10 Residential District for am area located on the southeast side of Boone Trail, south of Village Drive (P88-22). Mr. Mitchell presented this item and stated that the planning staff recommends conditional approval based on the following: 1. That all provisions of the required application as set forth in the Fayetteville Zoning Ordinance be provided to the planning staff for review and approval prior to the City Council consideration of the Special Use Permit. 2. That the fence and landscape buffer area be installed as shown on the site plan prior to final site inspection for occupancy of the proposed structure on the adjoining lot and that the developer/property owner properly maintain the fence and buffer area after its installation. 3. That the City Engineer approve the grading, drainage and paving plans for the proposed parking facility. 4. That any exterior lighting provided on this property be done in such a manner as to not illuminate the adjoining residential property. 5. That the time restraint on the usage of this parking lot area be from 7:00 a.m. to 9:00 p.m. during normal operation hours and that some type of barrier be installed to prevent the loitering and vagrant use of this parking area after working hours and/or on weekends. Mayor Dawkins opened the public hearing and there was none to be recognized to speak for or against this item. Councilmember Wofford offered motion to approve the Special Use Permit subject to the conditions, seconded by Councilmember Pillow and carried unanimously. B. Consideration of an application by Dr. Roy S. Massengill for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, section 32-24, Item (4) to operate a dental clinic in an R6 Residential District for an area located at the southeast corner of the intersection of Bragg Boulevard and Barrington Cross (P88-29). Mr. Mitchell presented this item and stated that the Planning Board and planning staff recommends approval subject to the following conditions: 1. That one off-street parking space be provided for each person normally employed at the clinic plus one parking space for each 200 square feet of office or service area. 2. That a screen of shrubbery of at least 4 feet in width be established and maintained along the lot lines which are adjacent to the residential properties in the area. 3. That if any exterior additions are to be made to the structure on this property, that the additions conform to the yard requirements contained and all other requirements of the R6 Residential District. Mayor Dawkins opened the public hearing and recognized Mr. Herbert Fleishman. Mr. Fleishman appeared with Dr. Massengill due to the property in question being a part of his mother's estate. Mr. Fleishman displayed photographs and stated this area is no longer a residential neighborhood. There is heavy traffic and many trucks coming in and out of the area. Dr. Massengill stated he did not intend to alter the residential look of the house. There was no one appearing in opposition, and the public hearing was closed. Councilmember Thompson offered motion to approve the Special Use Permit subject to conditions, seconded by Councilmember Pillow. Councilmember Wofford offered substitute motion to approve the Special Use Permit subject to the conditions and the sign being placed forward of the front of the building. Mr. Mitchell informed Councilmember Wofford that the two-foot sign can only be attached to the front of the building. Councilmember Wofford withdrew his substitute motion. Mayor Dawkins called for a vote on the main motion, and it carried unanimously. C. Consideration of Annexation of Area 3 - University Estates. Mr. Stancil presented this item and certified that notice of this public hearing was sent by first class mail to all property owners within the area proposed for annexation. The list of property owners was taken from the County tax records. Eleven (11) letters were returned to the City as undeliverable by the tenth day before the hearing, and the letter was sent to these eleven (11) property owners at the best available address by certified mail, return receipt requested at least seven (7) days before the hearing. The public notice was published in the Fayetteville Observer and Fayetteville Times on April 6, 1988, and April 15, 1988. Mr. Stancil reviewed the services and introduced the department heads that would be available for response to questions. Tim Wood summarized PWC's services for the area. Mayor Dawkins opened the public hearing and recognized Mr. Ed Hughes, Sanford resident, Murchison Road property owner, who stated he was opposed because he feels the taxes are out of line and services proposed are unrealistic. Mayor Dawkins advised Mr. Hughes to check with the County tax office since they evaluate and bill City and County residents for those taxes. Mr. Edward Welth, Sr., 2014 Shaw Road, University Estates, questioned sewer connections and open drains in the streets. Staff responded to these issues. Mr. Welth also questioned the landfill at the rear of the University Estates deteriorating their property, and he was advised that this project is regulated by the State. Mr. J. P. Riddle, 1705 Winterlochen Road, Area 4 property owner, stated he felt the undeveloped land should be deleted until it is developed and taxpayers placed there. Appearing in favor of the annexation was Ms. Glorious Fowler, 5535 Livingston Drive, Mr. B. Van Cain, 5540 Livingston Drive, and Ms. Debbie Cook, representing Whispering Pine Village Mobile Home Park. Staff responded to all their questions. Clinton Harris, Coordinator for Fayetteville/Cumberland County Citizens Association, Post Office Box 1792, residence is 4713 Watauga Road, was recognized as having the same opposition as in the past which stated that this association is opposed to the annexation because the City's electoral system is not in accord with the 14th and 15th Amendments to the Constitution. There is a land lock district in voting and the tentative approval from the Justice Department under Capital Section V45 does not make the electoral system constitutional. There being none further to be heard, the public hearing was closed. Mayor Dawkins then recognized the two Youth Council members present tonight. D. Consideration of Annexation of Area 4 - Kornbow. Mr. Stancil presented a certification that the notice of this public hearing was published in the Fayetteville Observer and Fayetteville Times on April 6, 1988, and April 15, 1988. Notices of this public hearing were sent by first class mail to all property owners within the area proposed for annexation. The list of property owners was taken from County tax records. Ten (10) letters were returned to the City as undeliverable by the tenth day before the hearing. The letter was sent to these ten (10) property owners at the best available address by certified mail, return receipt requested at least seven (7) days before the hearing. Mr. Tim Wood summarized the PWC services for the area. The public hearing was opened by the Mayor and those in favor were recognized. Mr. William Hall, 103 Blanton Road, and Mrs. Katie Blanton Bunce, 13 Fair Forrest Court, Columbia, South Carolina, Blanton Road property owner, had their questions answered by staff. Ms. Jeanette Dudley, 1510 Swainey Street, Converse Court property owner, and her daughter, Wanda G. Sucheski, 207 Spivey Street, appeared in opposition. Mrs. Dudley was concerned with drainage problems in the area and Mrs. Sucheski also stated she felt taxes should be used for that area if they are collected from that area. Mayor Dawkins responded. Clinton Harris, Coordinator for Fayetteville/Cumberland County Citizens Association, Post Office Box 1792, residence is 4713 Watauga Road, was recognized as having the same opposition as in the past which stated that this association is opposed to the annexation because the City's electoral system is not in accord with the 14th and 15th Amendments to the Constitution. There is a land lock district in voting and the tentative approval from the Justice Department under Capital Section V45 does not make the electoral system constitutional. Mr. James Crabtree, 101 Goodyear Avenue, appeared in opposition and thoroughly reviewed the Annexation Report. He had questions concerning all phases of the report and staff members responded. Mr. Crabtree requested that his area not be annexed. Mr. Andrew White, representing his mother, Lillian O. White, 1202 Stansfield Drive, appeared in opposition and had questions concerning water and sewer that Mr. Wood responded to. There being none further to be heard, the public hearing was closed. Mayor Dawkins asked if anyone was present to be heard on Item E concerning annexation of Area 5 - Karen Lake Drive Island. There was none to be recognized, therefore, Mayor Dawkins moved Item E to the end of the meeting to accommodate those waiting to be heard. F. Consideration of Annexation of Area 10 - Village Drive - Glenridge Road. Mr. Stancil presented the certification stating that four (4) weeks prior to the date of this public hearing, notice was sent by first class mail to all property owners within the area proposed for annexation. The list of property owners was taken from County tax records, and no letters were returned to the City as undeliverable by the tenth day before the hearing. Notices were published in the Fayetteville Observer and Fayetteville Times on April 6, 1988, and April 15, 1988. Tim Wood reviewed the PWC services for the area. Mayor Dawkins opened the public hearing and recognized Mr. Sterling Miller, 1920 West Hill Drive, and Mr. James F. Allen, 4018 Village Drive, opposed to the annexation stating they both felt that the City has nothing more to offer them that they are not getting already and they don't wish to be in the City now. Clinton Harris, Coordinator for Fayetteville/Cumberland County Citizens Association, Post Office Box 1792, residence is 4713 Watauga Road, was recognized as having the same opposition as in the past which stated that this association is opposed to the annexation because the City's electoral system is not in accord with the 14th and 15th Amendments to the Constitution. There is a land lock district in voting and the tentative approval from the Justice Department under Capital Section V45 does not make the electoral system constitutional. There being none further to be heard, the public hearing was closed. G. Consideration of resolution accepting the platted portion of South Churchill Drive Extension. Mr. Bennett presented this item stating that a plat was processed through the City and recorded in 1953 creating a portion of South Churchill Drive and West Dale Drive. He stated that he believed that the City attempted to provide for access to an undeveloped property by requiring the stubout of South Churchill Drive for one-lot depth south of West Dale Drive. This portion of South Churchill Drive has never been open to traffic and there is no record of formal acceptance by the City. Mr. Bennett recommended that the Council adopt a resolution accepting the platted portion of South Churchill Drive south of West Dale Drive. Notices-of the public hearing have been advertised in the paper and sent to all property owners involved with the proposal and/or residents along South Churchill Drive and West Dale Drive. The mayor opened the public hearing and recognized George Herndon, attorney representing the petitioner, Hoskins and McGill “Heirs.” Mr. Herndon presented a petition with 56 names and addresses approving of the extension of South Churchill Drive. He stated that this land had been sold off in sections creating a landlocking by the Fox property and requests were being made for the extension of South Churchill Drive and the acceptance of the plat in order that his clients might have ingress, egress, and regress from South Churchill Drive. Appearing in opposition was Mr. Herb Thorpe, 2925 Skye Drive, who read an affidavit of Bob Ray, attorney for Richard Fox, concerning am offer to purchase a tract of land on December 15, 1987, from McGill “Heirs.” During the meeting with Mr. Herndon and Mr. Fox, Mr. Thorpe stated that Mr. Herndon told Mr. Fox he planned to use his access through Gene Tart's lot in Van Story and by easement through Jack Lytton's property. Mr. Thorpe stated that there has been access all along, and a loan would not have been made by the bank otherwise. Mr. Thorpe concluded by making a request that Council not clear or pave that road right now because of drawing undesirables and activities there before the property is developed, and that the fact that this property is not landlocked, Mr. Thorpe reiterated a citizens's statement that if the Herndon group was dissatisfied with their access and they wish to upgrade it by using Churchill Drive, they should have to deal with Mr. and Mrs. Fox as would any other citizen who owned property to the rear and as would any other citizen who is responsible for negotiating their own right-of-ways and street dedications. Mr. Chuck Sweeney, 2530 North Edgewater Drive, stated that Van Story Hills residents are concerned about the developers changing the zoning from R15. Mayor Pro-Tem Evans advised him of the process through the Planning Board before this could be done. He appreciated the reassurance. There being none further to be recognized, the public hearing was closed. Councilmember McBryde offered motion to leave the property as is and deny acceptance of the plat, seconded by Councilmember Ross. Mayor Pro-Tem Evans offered a friendly amendment to accept the approximately 120 foot dedicated portion. Councilmember McBryde refused to accept the friendly amendment. Mayor Pro-Tem Evans offered substitute motion to leave as is, but accept the approximately 120 foot dedicated portion, seconded by Councilmember Thompson. There was further discussion and Councilmember Evans withdrew her substitute motion, Councilmember Thompson withdrew his second, and Councilmember McBryde amended his original motion to take no action, seconded by Councilmember Ross and carried unanimously. 4. Consideration of approval of revision to Fayetteville-Cumberland County Senior Citizen Advisory Commission By-Laws. Mr. Smith stated that the County had made one change in the By-Laws that were approved by Council on January 4, 1988, by deleting section B of Article IX, dealing with funds being collected by the Commission, since it is an Advisory Commission only. Mayor Pro-Tem Evans offered motion to approve the By-Laws with the change, seconded by Councilmember Ross and carried unanimously by voice vote. 5. Consideration of adoption of ordinance restricting parking on Moore Street westwardly from Hillsboro Street. Councilmembers requested City Engineer to check into restrictions of parking being needed only five (5) days instead of including Saturday and Sunday. The consensus of Council was to postpone this item until the May 2, 1988, meeting. 6. Consideration of Emergency Override Agreement between the City of Fayetteville and Fayetteville Cablevision. Mr. Smith stated that this covers taking away their liability for what we say over the airways such as in emergency situations. Councilmember Ross offered motion to approve the agreement, seconded by Mayor Pro-Tem Evans and carried unanimously. 7. Consideration of a resolution requesting Southern Railway to repair Hillsboro Street abutting railroad tracks. RESOLUTION OF THE CITY COUNCIL, FAYETTEVILLE, NORTH CAROLINA, APRIL 18, 1988. RESOLUTION NO. R1988-54. Councilmember McBryde introduced the foregoing resolution end 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 Resolutions Book R1988. 8. Reconsideration of demolition ordinances on the following: A. 2407 Slater Avenue Mr. Bruce Allen, Attorney representing Warren Freeman, agent for Mr. Minder, stated that Mr. Freeman was going to buy the house and renovate it and bring it up to the code within sixty (60) days with the assistance of HUD loan for low income housing. Following some discussion, Mayor Pro-Tem Evans offered motion to approve with reservation that a permit be taken out within the next week to upgrade with completion of sixty (30) days, seconded by Councilmember Ross. Mr. Haire informed Council that they have had opportunities to do work on this house and to contact him regarding their position but have done neither. The City Attorney reminded Council that there is now an ordinance to tear it down and the owner has no authority to get in and do the work unless Council delays the effective date of the ordinance so they can get a building permit. He further stated that the City needs more low income housing and it would be a shame to tear down a house that could be repaired. They have made affirmation that there is money and time to repair this structure, therefore Mr. Cogswell recommended amending the effective date of the ordinance for sixty (60) days and issue a building permit. Following some further discussion, Mayor Pro-Tem Evans amended her motion to include the effective date of sixty (60) days from today, seconded by Councilmember Torrey and carried 7-2 with Councilmembers Pillow and Kendrick voting against. B. 300 Block of Waddell Drive Mr. Doug Barfield, Attorney, stated that his client is in the process of getting the remaining tenants out of the mobile homes and to submit a plat to the Joint Planning Board staff to be approved. The next step is to replace with reconditioned like-new mobile homes. Mr. Barfield requested Council to rescind the effective date of April 22 on the previous demolition ordinance and allow them sixty (60) days to get their plan approved by the Planning Board. Following some discussion, Councilmember Bolton offered motion to rescind the effective date and allow a sixty (60) day extension, seconded by Councilmember McBryde. There was further discussion, including clarification by the City Attorney that the spaces for the trailers are grandfathered and not the trailers themselves. Councilmember Bolton amended his motion to allow sixty (60) days for completion and thirty (30) days to remove all but three (3) trailers. Councilmembers McBryde accepted the amendment. The motion failed 4 to 5 with Councilmembers McBryde, Bolton, Torrey, and Thompson voting for, and Councilmembers Evans, Ross, Kendrick, and Pillow voting against. 9. Consideration of adoption of ordinances imposing liens on the following properties: A. 205½ South Broad Street AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN. ORDINANCE NO. NS1988-13. B. 209 South Broad Street AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN. ORDINANCE NO. NS1988-14. C. 209½ South Broad Street AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN. ORDINANCE NO. NS1988-15. Councilmember Wofford introduced the foregoing ordinances for Item A., B., and C., and moved their adoption, seconded by Councilmember Pillow and carried unanimously. A copy of the foregoing ordinances are on file in the clerk's office in Ordinances Book NS1988. 10. Consideration of rescinding ordinance adopted by City Council on November 2, 1987, to demolish 109 Woodside Avenue and adoption of new demolition ordinance on same. Mr. Smith stated that the Inspections Department discovered that a bank has a lien on this property and recommends rescinding the previous ordinance (NS1987-29) and readopt this ordinance. Councilmember Ross offered motion to follow the recommendation and adopt the ordinance, seconded by Councilmember Bolton and carried unanimously. The title is as follows: AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO OR TO DEMOLISH AND REMOVE THE STRUCTURE. ORDINANCE NO. NS1988-16. A copy of the foregoing ordinance is on file in the clerk's office in Ordinances Book NS1988. 11. Consideration of revision to Employee Death Benefit Insurance Plan. Councilmember Wofford requested this Item be postponed because he has some questions, Council concurred. 12. Consideration of amendments to Chapter 20 of the Fayetteville City Code, Motor Vehicles and Traffic. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC (ENFORCEMENT OF OVERTIME PARKING AND ON-STREET PARKING VIOLATIONS). ORDINANCE NO. NS1988-7. Mayor Pro-Tem Evans 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 NS1988. 13. Consideration of amendments to Chapter 17 of the Fayetteville City Code, “Licenses Concerning Solicitor's Permits.” Councilmember Wofford requested this solicitation ordinance he postponed. Council concurred. 14. Administrative Reports: A. Statement of taxes collected for the month of March, 1988, from the Cumberland County Tax Collector Mr. Smith submitted this statement. B. Others Mayor Dawkins appointed a Committee for the Municipal Market consisting of Mayor Pro-Tem Evans, Chairman, Councilmembers Pillow and Thompson, members, to check into the Farmers Market downtown. Councilmember Wofford offered motion to cancel the Monday night information meeting since Mr. Smith stated there were no items, seconded by Councilmember Thompson and carried unanimously. Mayor Pro-Tem Evans scheduled a Municipal Market Committee meeting for Monday, April 25, 1988, at 7:00 p.m., Kyle House Conference Room, and requested notices be sent by the City Manager. Councilmember Wofford requested the City Manager to get with the City Engineer and come up with some proposals for Arsenal Avenue in the near future. Item 3. E. was presented at this time. 3E. Consideration of Annexation of Area 5-Karen Lake Drive Island Mr. Stancil presented this item and stated that at least four (4) weeks prior to the date of this public hearing notices were sent by first class mail to all property owners within the area proposed for annexation. This was taken from the County tax records. No letters were returned to the City as undeliverable by the tenth day before the hearing. Mr, Stancil reviewed all services to be offered by the City. Council took no action. There being no further business, the meeting was adjourned at 12:03 a.m. REGULAR MEETING MONDAY, MAY 2, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MAY 2, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager,Administration and Finance Robert C. Cogswell, Jr., City Attorney Robert M. Bennett, City Engineer Richard Herrera, Community Services Director Tom Ray, Airport Manager Tim Wood, PWC Manager Walter Haire, Building Inspector David M. Nash, Annexation Studies Coordinator Members of the Press Mayor Dawkins called the meeting to order and welcomed everyone to the first meeting in May. The invocation was offered by Reverend Dwight Martin, Person Street Methodist Church, followed by the pledge of Allegiance to the American Flag led by Mayor Dawkins RECOGNITION: Mayor Dawkins thanked everyone involved in Sunday on the Square for making it such an outstanding day. He also represented Council at the Kelly Springfield announcement of a $19,000,000 expansion along with Governor Martin and the President of Kelly Springfield. Presentation to Mayor and City Council by U.S. Army Golden Knights - Lieutenant Colonel Bruce Wicks and Sergeant First Class Bob Finn presented a large framed photograph made as the Golden Knights parachuted onto the Market House. Lieutenant Colonel Wicks also reviewed their many accomplishments and upcoming events. He invited the citizens of Fayetteville to come to Fort Bragg. Youth Council Member Caleadia Jessup was recognized. Also recognized was Nathan Barnes of Boy Scout Troop 704, Fort Bragg. The Mayor reminded everyone of the upcoming youth week with breakfast on Monday, May 16th at 8:00 a.m. at the First Baptist Church. 1. Approval of Agenda Councilmember Ross offered motion to approve the agenda, seconded by Councilmember Kendrick and carried unanimously by a voice vote. 2. Consent: Councilmember Evans offered motion to approve the consent agenda and adopt the resolution, ordinances, and award bids, seconded by Councilmember Wofford and carried by unanimous vote. The consent agenda is as follows: A. Approval of minutes of regular meeting of April 5, 1988. B. Approval of minutes of regular meeting of April 13, 1988. C. Authorize Mayor and City Clerk to sign a deed for sale of surplus City/County lot - Wayde Street. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1988-55. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. D. Set public hearing for June 6, 1988, to discuss the re-authorization of the Municipal Service District (Downtown Tax District). E. Adoption of Capital Project Ordinance Closeouts 88-2, 88-3, 88-4. F. Adoption of Capital Project Ordinance Amendments 88-21, 88-22, 88-23. G. Adoption of Capital Project Ordinance 88-854. H. Adoption of Budget Ordinance Amendment 88-26. I. Award of contract for construction of a 16-inch water main along Cumberland Road to Propst Construction Co., Inc., the low bidder in the amount of $459,474. (PWC) Bids were received April 19, 1988, as follows: Propst Construction Co., Inc. $459,474.00 James Dobbins Construction Co. 461,910.10 T. A. Loving Co. 523,057.50 State Utility Contractors, Inc. 551,491.20 W. M. Paris & Associates 552,964.15 Yates Construction Co., Inc. 587,381.03 Frank Horne Construction, Inc. 595,024.00 Dellinger, Inc. 602,682.50 Carlisle Contractors, Inc. 606,644.65 Central Builders, Inc. 663,328.90 J. Award of contract for purchase of the SCADA system to Landis & Gyr, the low bidder in the amount of $595,752. (PWC) Bid Evaluated Bid Landis & Gyr $541,894.00 $595,752.00 Advanced Control Systems, Inc. 582,689.00 641,005.00 Leeds & Northrup 624,900.00 726,166.00 ESCA Corporation 744,985.00 864,892.00 QEI, Inc. 491,525.00 ----- K. Award of contract for transmission and distribution line relocation along Robeson Street and CBD Loop to Stackhouse, Inc., the low bidder in the amount of $298,029.14. (PWC) Stackhouse, Inc. $298,029.14 Floyd S. Pike 308,448.52 Vanderpool Electric Co. 327,249.00 L. Authorize Mayor to sign Certification of Application for Emergency Shelter Grant funds from the North Carolina Department of Natural Resources and Community Development. M. Award of contract for purchase of street blades and reflective sheeting for street signs to Vulcan Sign Company in the amount of $4,418.25 and 3M Sign Company in the amount of $22,744.17. The bids were as follows: Vulcan Sign Company $2,964.97-High Intensity Street Name Sign Account #46-8680-0217 1,453.28-Annexation Project Account #11-4122-6217 3M Company $16,359.84-High Intensity Street Name Sign Account #46-8680-0217 6,384.33-Annexation Project Account #11-4122-6217 3. Public Hearings: Mayor Dawkins reminded everyone of the 15 minute time limit for pros and 15 minute time limit for cons. A. Consideration of allocation of Community Development Block Grant funding for fiscal year 1988-1989. Richard Herrera presented this item on behalf of the Fayetteville Redevelopment Commission which is Council's Community Development Block Grant Advisory Board. This is the fourth public hearing for citizen input and the 1988-89 Block Grant includes a total funding of $908,000, Senior Citizen Rehabilitation is $500,000, Luther Street Improvements is $226,400, and Administration is $181,600. Mr. Herrera stated that the Luther Street Improvements will be to provide availability for water and/or sewer hookups to residents in that area and for housing rehabilitation. He also anticipates construction of the street and drainage in the street. Mayor Dawkins opened the public hearing. Those recognized requesting water and sewer for the Luther Street area because of having to haul water were Lorene McLeod, 1310 Robeson Street Extension, Howard W. Freeman, 2209 Catalina Road, and representing the Rock spring Church was Cornelius Jones, 1113 Chesterfield Drive and Harvey Keller, Hope Mills resident. Jimmy McMillan, 307-A Forsythe Street and Grace McNeil, 1927 Robeson Street, also needs sewer. Mayor Dawkins questioned if services had been offered to these people. Mr. Wood responded they had. Councilmember Torrey questioned if PWC received a grant of 1/2 cent from the state for special capital projects. Mr. Wood responded they did, however PWC has to pay 1/3 of the cost, therefore, this helps defray that cost. There was some further discussion. Delores McLeod, 2930 Peacock Street, Hope Mills, represented Catherine Shaw, Robeson Street resident, questioning if the access to her property would be cut off or changed. Mr. Wood responded that PWC had moved a fence in order to give them access and would not take it away now. Councilmembers Wofford and Pillow were concerned that the church will not benefit from this project. Mayor Pro-Tem Evans suggested building homes for the four residents affected for the same amount proposed for this project. Councilmembers Ross and Torrey were against moving these landowners from their homes instead of using revenues to help these people get water and sewer. Following lengthy discussion, Councilmember Torrey offered motion to use the revenue from the 1/2 cent from Capital Projects to provide water and sewer into Luther Street, seconded by Councilmember Ross. There was further lengthy discussion. Mr. Smith suggested the Council might want to consider it as two separate issues-one, using CD funds to put the road, storm drain and everything that comes with the road and then making the $70,000 out of the project and ordering water and sewer put in. PWC still pays for 1/3 but property owners pay 1/3 on each side of the street. Mayor Dawkins questioned if this motion was in order. The City Attorney responded that Council has the authority to amend the budget any time they want to, and Council may be getting into policy. Mr. Smith clarified that PWC recommends a budget and Council adopts a budget. Following lengthy discussion, Councilmember Torrey withdrew his original motion and offered motion to refer all of the matter concerning Luther Street area to PWC, seconded by Councilmember Ross and carried unanimously. Mayor Dawkins then returned to the remainder of the plan. Following further discussion, Councilmember Wofford offered motion to approve the Community Development Block Grant up to $226,400 that will be set aside for Luther/Forsythe Street improvements to be determined, seconded by Councilmember McBryde and carried unanimously. The CD Block Grant portions that were approved are: Senior Citizens Rehabilitation $500,000 and Administration $181,600. Mr. Smith stated that staff will return with other alternatives. B. Consideration of adoption of a resolution to close a portion of Finnegan Street west of Pilot Avenue to Dead End. This item was presented by Bob Bennett who stated that a petition was received, all property owners were notified of this public hearing in addition to the advertisement being placed in the Fayetteville Observer/Times. He stated that there was no public need for this street to remain open and recommended closing. The public hearing was opened and the Mayor recognized Larry Smith, pastor of the Church of Nazarene in favor. There were none to appear in opposition and the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF FINNEGAN STREET. RESOLUTION NO. R1988-56. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. C. Consideration of a resolution to close a portion of Norwood Street between Woodside Avenue and the CBD Loop. Mr. Bennett stated that this had been requested by petition, there was no public need for this street, it had been advertised in the Fayetteville Observer/Times and property owners notified of the public hearing. He recommended this street be closed. The public hearing was opened and Mr. Wallace Todd, representing North Carolina Natural Gas stated he was not opposed if the contractor of the proposed building will move the location away from their feeder line or grant easement. Tom Hollinshed was recognized and stated that he has talked with the contractor and the proposed building can be moved over. There being none further to speak on this matter, the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF NORWOOD STREET. RESOLUTION NO. R1988-57. Mayor Pro-Tem Evans introduced the foregoing and moved its adoption provided proper easements are given, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. 4. PWC Matters: A. Consideration of resolutions authorizing condemnation to acquire certain properties for the relocation of existing electric facilities along Robeson Street to accommodate CBD Loop/Robeson Street Highway improvement project. This was presented by Tim Wood who stated that these resolutions deal with just easements unable to be obtained by voluntary acquisition for the project of continuing the Central Business District Loop. He briefly reviewed the entire situation. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF MCALLISTER AND LITTLE. RESOLUTION NO. R1988-58. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF MONROE, GRAM, MORREALE, TEW AND PARKEL. RESOLUTION NO. R1988-59. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF BATTEN AND SCARBOROUGH. RESOLUTION NO. R1988-60. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF LIKERT. RESOLUTION R1988-61. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF HANKINS, DEAS, BRADLEY, AND GREEN. RESOLUTION NO. R1988-62. Mayor Pro-Tem Evans introduced and offered motion to adopt the foregoing resolutions, seconded by Councilmember Wofford and carried unanimously. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. 5. Consideration of amendments to Chapter 17 of the Fayetteville City Code, “Licenses Concerning Solicitor's Permits.” This item was presented by John Smith who stated that the Chief of Police is requesting these amendments to make this procedure more uniform. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 17, “LICENSES CONCERNING SOLICITOR'S PERMITS.” ORDINANCE NO. S1988-8. Mayor Pro-Tem Evans introduced the foregoing ordinance and offered motion to adopt, seconded by Councilmember Kendrick and passed 6 to 4 with Councilmembers Evans, Thompson, Bolton, Kendrick, Torrey, and Pillow voting for and Councilmembers Ross, McBryde, and Wofford voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1988. 6. Consideration of revision to Employee Death Benefit Insurance Plan. The City Manager presented this item stating that the benefits do not change, just the method of administration, A change was made on page 2 at the bottom from $800,000 to $80,000 in the draft submitted in the packet. Mr. Smith stated this should be $800,000. Councilmember Pillow offered motion to approve the revision to the Employee Death Benefit Insurance Plan as recommended, seconded by Councilmember Kendrick and carried unanimously. 7. Presentation by Region M Council of Governments. Mr. Smith stated that no action is necessary on this item and introduced Roger Sheets for the presentation. Mr. Sheets feels they have advanced in what they can offer in the way of services, but it is difficult to name the services until it is determined what the City needs. There was a lengthy question and answer session. Council agreed to have Mr. Smith bring this matter back during budget sessions. Mr. Sheets offered an invitation to Council to visit their offices on the third floor of the old courthouse on Gillespie Street. 8. Presentation by Dean Russell, Chairman of Board of Directors for Fayetteville Area Habitat for Humanity. This item was postponed until the May 16th meeting. 9. Consideration of Demolition Ordinances for the following areas: A. 216 Waddell Drive Walter Haire presented this item and requested that this be pulled and put on the May 16th agenda because his Notice of Receipt had not been returned. Mayor Pro-Tem Evans offered motion to pull this item as recommended, seconded by Councilmember McBryde and carried unanimously to place on the May 16th agenda. B. Lot #1, Corner of Murchison Road and Washington Drive AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA 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. NS1988-17. Councilmember Wofford 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 Ordinances Book NS1988. C. 421 Hall Street The City Attorney requested this item be moved to the end of item 9 to enable him to make a telephone contact concerning this. Council agreed. D. 1012 Branson Street Mr. A. F. Taylor was recognized requesting additional time. Following some discussion Councilmember Wofford introduced the ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 7 to 2 with Councilmember Torrey and Ross voting against. The ordinance title is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA 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. (1012 BRANSON STREET) ORDINANCE NO. NS1988-18. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1988. E. 608 Hillsboro Street Walter Haire presented this item and stated that Mrs. Cole is applying for additional funds through Community Development, however the amount involved evidently is more than Mrs. Cole wants to pay. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA 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. (608 HILLSBORO STREET) ORDINANCE NO. NS1988-19. Councilmember Thompson introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick, 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 Ordinances Book NS1988. 9C. 421 Hall Street Mr. Cogswell stated that he had previously received the letter sent to Mr. Keith's father and re-routed it to Frank Simpson in the Inspections Department. He does not know Mr. Keith's intentions for the house, however he does have the funds to improve this building and there are residents that Mr. Haire is getting placed on the Housing Authority list. Mr. Cogswell recommended approval of the demolition effective May 17th so that it could be placed on the next agenda if Mr. Keith does intend to fix up his father's property and if not, it will be in effect. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA 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. (421 HALL STREET) ORDINANCE NO. NS1988-20. Councilmember Bolton 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 Ordinances Book NS1988. 10. Consideration of revisions to Chapter 25, “Taxicabs” of the Fayetteville City Code concerning taxicab rules at the Fayetteville Regional Airport. Tom Ray, Airport Manager, presented this item and reviewed the suggested changes to the ordinance. Mr. Cogswell requested that on Section 28-155 on the fourth line after the words “Section 28-156” the word “or” be changed to “and.” Also under section 28-156(6) the word “guns” be changed to “firearms.” AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 28, “TAXICABS,” OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1988-9. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Thompson and carried 6 to 3 with Councilmembers Pillow, Torrey, and Ross voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1988. At this time Councilmember Ross departed Council Chambers. 11. Consideration of adoption of ordinance restricting parking on a portion of Moore Street. (Delayed from last meeting) AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES “TRAFFIC SCHEDULE NUMBER 17-RESTRICTED PARKING.” ORDINANCE NO. NS1988-21. Councilmember Wofford 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 Ordinances Book NS1988. 12. Consideration of adoption of a resolution to acquire right-of-way from Rosehill Road Extension. Parcel S-1. Bob Bennett presented this item and stated that this has been discussed before under the name of Taylor's Mobile Home Park, however the name has since changed to River Trace. An appraisal has been made of the portion needed through the River Trace development and the full offer of $39,100 has been made to the property owner. A counter offer has been made of $53,000 and negotiations have failed to bring the two figures closer together, therefore Mr. Bennett recommends adoption of the resolution. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1988-63. Mayor Pro-Tem Evans 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 R1988. At this time, the City Attorney asked for a point of order concerning Councilmember Ross leaving the chambers as to whether she is being considered present as far as voting since council did not vote to excuse her absence. Mayor Dawkins responded that she was considered present. 13. Consideration of adoption of resolutions to acquire right-of-way of the following: A. Cain Road - Parcel W-15 B. Dick Street - Parcel W-1 The City Engineer presented this item and stated that both properties were owned by the sane property owner. Negotiations have been unsuccessful and he recommends adoption of the resolutions. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL W-15). RESOLUTION NO. R1988-64. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL W-1). RESOLUTION NO. R1988-65. Councilmember Kendrick introduced the foregoing resolutions and moved their adoption, seconded by Mayor Pro-Tem Evans and carried unanimously. A copy of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. Councilmember Ross re-entered the Council Chambers during this item. 14. Consideration of amendments to the following annexation reports: A. Area 1. Kinwood-Heather Ridge B. Area 2. Raleigh Road Island C. Area 3. University Estates D. Area 4. Kornbow E. Area 5. Karen Lake Drive Island F. Area 6. Bragg Boulevard G. Area 7. Yadkin Road H. Area 8. Oaks-Shorewood-Hermitage I. Area 10. Village Drive - Glenridge Road Mr. Stancil presented this item stating that following review of the annexation reports adopted by Council for areas to be annexed June 30, 1985, they are recommending that the following amendments be made to those reports: In all reports, it was indicated that the City would accept streets into the Municipal Street System on July 1, 1989, this should be changed to July 1, 1988. Projected Powell Bill revenue and cost should also be shown in 1988-89 in the same amount as shown in 89-90. Also in report for Area 5 it was indicated that no electrical service in the area by PWC and it should be reflected to say that PWC serves a small part of the area with electrical service and street lights will be installed as needed, by PWC or by contract with CP&L. Councilmember Thompson offered motion to approve the amendments to the foregoing annexation reports, seconded by Councilmember Wofford and carried 7 to 2 with Councilmembers Torrey and Ross voting against. 15. Consideration of adoption of annexation ordinances. Mr. Smith presented these items and recommended adoption of all but Item H, and recommended this be held over until the May 16th meeting in order to give him time to study the request of the tract of land being withdrawn that is undeveloped. A. Area 1 Kinwood-Heather Ridge AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160-A OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 1). ANNEXATION ORDINANCE NO. 88-5-304. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Wofford and carried 7 to 2 with Councilmembers Torrey and Ross voting against. B. Area 2 Raleigh Road Island AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160-A OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 2). ANNEXATION ORDINANCE NO. 88-5-305. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Torrey and Ross voting against. C. Area 3 University Estates AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160-A OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 3). ANNEXATION ORDINANCE NO. 88-5-306. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Torrey and Ross voting against. D. Area 4 Kornbow AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160-A OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 4). ANNEXATION ORDINANCE NO. 88-5-307. 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. E. Area 5 Karen Lake Drive Island AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160-A OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 5). ANNEXATION ORDINANCE NO. 88-5-308. Councilmember Pillow introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Thompson and carried 7 to 2 with Councilmembers Torrey and Ross voting against. F. Area 6 Bragg Boulevard AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160-A OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 6). ANNEXATION ORDINANCE NO. 88-5-309. Councilmember Wofford introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried 7 to 2 with Councilmembers Torrey and Ross voting against. G. Area 7 Yadkin Road AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160-A OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 7). ANNEXATION ORDINANCE NO. 88-5-310. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried 7 to 2 with Councilmembers Torrey and Ross voting against. H. Area 8 Oaks-Shorewood-Hermitage Mayor Pro-Tem Evans offered motion to postpone this item, seconded by Councilmember Pillow and carried 8 to 1 with Councilmember Ross voting against, I. Area 10 Village Drive - Glenridge Road AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160-A OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 10). ANNEXATION ORDINANCE NO. 85-5-311. Councilmember Thompson introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried 7 to 2 with - Councilmembers Torrey and Ross voting against. Copies of the foregoing ordinances are on file in the Clerk's office in Annexations Ordinance Book 1988. 16. Consideration of re-adoption of Resolution of Consideration for Annexation Mr. Smith stated that this item was changed from adoption to re-adoption because the area has been recently amended but now needs to be re-adopted in its entirety. The City Attorney requested that a change be made on Page 3, Section 4, next to the last line where it reads, “as amended and re-adopted.” The words, “as amended” should be deleted so that it reads, “and re-adopted.” A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IDENTIFYING AREAS UNDER CONSIDERATION FOR ANNEXATION. RESOLUTION NO. R1988-66. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption with the change, seconded by Councilmember Kendrick 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 R1988. 17. Consideration of adoption of proposed Coat of Arms for the City of Fayetteville. Mayor Dawkins stated that due to the lateness of the hour, this item would be postponed. Mayor Pro-Tem Evans requested that the City have more participation in planning this Coat of Arms and requested the Mayor appoint a committee to work with Colonel Kiernan. The Mayor agreed. Councilmember Kendrick expressed appreciation for all the work that has been put into this presentation of the Coat of Arms by the members at Fort Bragg. 18. Appointments: A. Nominations to fill three (3) vacancies on the Board of Appeals. Councilmember Wofford nominated Joyce Malone, and Councilmember McBryde nominated Edward L. Bryant. Mayor Dawkins requested that the Policy Committee have a meeting to discuss appointments to the Boards and Commissions. Mr. Smith also stated that the Travel Policy needs to be discussed. Councilmember McBryde scheduled a meeting at the regular time which would be on Tuesday at 7:30 p.m., May 10, 1988, Kyle House Conference Room. 19. Administrative Reports: A. Setting of date and time for joint meeting with Fayetteville Human Services Commission. Council agreed to meet on May 12, 1988, 6:30 p.m., in the Council Chamber for a 30-minute meeting before Human Services regular meeting. B. Report on construction of Internal Access Road and parking lot at Fayetteville Regional Airport. Mr. Smith stated that the Airport Commission is attempting to combine the contracts for the access road, associated lighting, and parking lots. He further stated that the Federal Aviation Administration has approved a request for a grant amendment but will not have the funds for approximately 90 days. As soon as this official information is received, there will be a request for permission to readvertise this project. C. Report on NCDOT funding of feasibility study concerning railroad conflicts with downtown streets. Bob Bennett presented this item stating that a memo has been received from the Division Engineer of NCDOT concerning the funding of the Russell Street overpass feasibility study, and they have agreed to fund this study by adding $8,600 to the original $15,000 appropriation to fund additional work to include other railroad conflicts on streets in downtown Fayetteville. D. Discussion of Market House design contract. Mr. Smith stated that this request is to clarify the action previously made to enter into a contract for historic research and design services. He recommends that Council authorize the City Manager to enter into a research and design services contract for the Market House Restoration Project with authorization to proceed through Phase II for an amount not to exceed $50,000. Then it would come back to Council for approval of the plans and specifications. Councilmember Ross offered motion, seconded by Councilmember Wofford to authorize the City Manager to enter into a research and design services contract as recommended, and carried unanimously. E. 1988 Legislative goals and policy of the North Carolina League of Municipalities. Mr. Smith referred to the list of goals and policies submitted by the NCLM that was sent out in the packet that is of concern to the League and to the Municipalities. Mr. Cogswell stressed the importance of the portions that could affect our sign ordinance. There was some discussion concerning this and Council agreed that a meeting will need to be set up with the delegation at a later time. Mayor Pro-Tem Evans offered motion to concur with the goals of the League of Municipalities, seconded by Councilmember Bolton and carried unanimously. F. Discussion of special events in the City. Mr. Smith stated that he felt we do have a problem in this area and will be making some recommendations during budget time. Councilmember Kendrick made mention of the fact that he is still not receiving copies of minutes of the different Boards and Commissions. There being no further business, the meeting was adjourned at 11:45 p.m. REGULAR MEETING MONDAY, MAY 16, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS MONDAY, MAY 16, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney James F. Teal, Administrative Assistant to the City Manager Robert M. Bennett, City Engineer G. Allen Mitchell, Assistant City/County Planning Director Clark Dill, Environmental Services Director Walter Haire, Building Inspector David Nash, Annexations Study Coordinator Tim Wood, PWC Manager Ken Fanfoni, PWC Members of the Press The meeting was called to order by Mayor Dawkins and the invocation was offered by Reverend John Todd, McPherson Presbyterian Church, followed by the Pledge of Allegiance to the American Flag being led by the Mayor. RECOGNITION: Presentation of flag and protocol instructions by VFW Post 6018 Mr. Louis Derrick presented an all-weather American Flag for the Kyle House use. FCCYC-Kiwanis Youth of the Month - Chris Hudspeth Mayor Dawkins presented to Chris Hudspeth a certificate of Youth of the Month from the City and County and a $50 savings bond from the Kiwanis Club. 1. Approval of Agenda Mr. Smith requested that the materials sent under separate cover after the agenda went out be considered under 16.E. instead of 16.A. as previously requested. Also, Item 11.D. needs to be removed from the agenda because it has already been acted on. Mr. Smith also requested an executive session at the end of the meeting for litigation and property matters. Councilmember Wofford offered motion to approve the agenda with the requested changes and deletions, seconded by Councilmember Torrey and carried unanimously by voice vote. 2. Consent: Councilmember Bolton offered motion to approve the consent items, seconded by Councilmember Kendrick and carried unanimously by voice vote. The Consent Items are as follows: A. Approval of minutes of regular meeting of April 18, 1988. B. Approval of the following requests for tax refunds: 1. Nancy Fowler in the amount of $4.98. 2. Herman Dunn in the amount of $67.75. 3. Kenneth Lancaster in the amount of $127.86. 4. Thompson Plywood Corp. in the amount of $402.69. 5. Blain McAuliff in the amount of $99.79. 6. Jesse Montanex in the amount of $109.68. 7. Leroy Scott in the amount of $7.32. 8. George C. Stelske in the amount of $5.87. C. Set public hearing for June 6, 1988, to consider the rezoning from R10 Residential District to P1 Professional District or to a more restrictive zoning classification for an area located at the northeast corner of the intersection of Rosehill Road and Randinita Drive. (Case P88-48) D. Award of contracts for construction of the PWC Fleet Maintenance Facility to the following low bidders: (PWC) 1. General Contractor - Player, Inc. - $1,093,000. 2. Plumbing Contractor - J.J. Barnes, Inc. - $124,897. 3. Mechanical Contractor - Refrigeration and Heating Co., Inc. - $82,827. 4. Electrical Contractor - King Electric of Fayetteville, Inc. - $107,600. 3. Public Hearings: Mayor Dawkins reminded everyone of the time limit policy of 15 minutes for the pros and 15 minutes for the cons. The City Attorney reviewed the assessment policy. A. Adoption of Resolutions confirming assessment roles and levying assessments for the following: 1. Coffman Street from Cumberland Road to Dead End: a. Resolution ordering paving. Mayor Dawkins then opened the public hearing and those appearing with driveway entrance complaints were: Florence Cagnina, 2215 Coffman Street: Bonnie Fann, 2211 Coffman Street; Paul Beeler, 2233 Coffman Street; and Alex Lewis, 2210 Coffman Street. Mrs. Cagnina also complained that the grass that was replanted was only sandspurs. Mr. Beeler questioned if his corner was still a corner lot, and Mr. Bennett responded that it is still a corner lot. Ms. Merdice Dixon, 2120 Coffman Street, stated she lives on a dead end street and feels she should not have to pay for the paving. Mr. Carson Canady, 701 Eugene Street, questioned how the arrival of footage was made and Mr. Bennett responded to his question. Mr. Tom Garner, 824 Dinmont Circle, offered his opinion of the reason for curbing as it is because it was left undone for so long and then the paving company did the work in a hurry. There being none further to speak on this matter, the public hearing was closed. Councilmember Kendrick stated he felt this should be studied a little further before action is taken. Mayor Pro-Tem Evans requested that this driveway situation be brought before the Policy Committee. Councilmember Wofford stated he felt that nothing would be gained by delaying this item, however, he felt like there might possibly be a solution to the problem. Councilmember Kendrick offered motion to postpone the action on the paving portion of Coffman for one month, seconded by Councilmember Ross, carried 6 to 3 with Councilmembers Thompson, Torrey, and Wofford voting against. At this time, Councilmember Ross left the Council Chambers due to cigarette smoke. b. Resolution ordering sanitary sewer extension. Councilmember McBryde offered motion, seconded by Councilmember Bolton, to adopt the Resolution ordering sanitary sewer extension effective when the Paving Assessment is adopted on Coffman Street. There was some discussion and Councilmember McBryde amended his motion to be effective today. There was some further discussion and the motion and second were withdrawn. Council took no action. 2. Dinmont Circle from Eugene Street to Cul-de-sac: a. Resolution ordering paving. b. Resolution ordering sanitary sewer extension. The public hearing was opened and Mr. Tom Garner, 824 Dinmont Circle, was recognized in opposition to the assessment stating he felt that the streets were better before they were torn up by the City after being annexed against their wishes. There being none further to be heard on this matter, the public hearing was closed. Councilmember Ross had returned to Council Chambers during this public hearing. She questioned why the street had to be torn up. Mr. Bennett responded that in order to do all the work necessary for the water, and sewer connections and laterals, the street was not worth saving since it was paved in 1961. Council took no action. 3. Eugene Street from Coffman Street westerly to Cul-de-sac: a. Resolution ordering paving. b. Resolution ordering sanitary sewer extension. The public hearing was opened and appearing in opposition to the assessment and complaining about the driveway entrance was Mr. Leo White, 838 Eugene Street; Mr. James Miller, 713 Eugene Street; and Leon Baker, 802 Eugene Street. Mr. Whit. also stated that his yard had been torn up by trucks parking, not by equipment. There being none further to speak on this item, the public hearing was closed. Council took no action. 4. Little Beaver Drive from Nato Road to Fargo Drive: a. Resolution ordering paving. b. Resolution ordering sanitary sewer extension. c. Resolution ordering water extension. The public hearing was opened and Mayor Dawkins recognized Milton Snead, 3409 Boone Trail, who stated he felt that with the power line and the swamp on his property that it is useable and he has not benefited from the paving and sanitary sewer extension. Mr. Bennett responded that some of Mr. Snead's property can be used for density for houses. Also, streets can be put underneath the power lines. The City Attorney stated that the evaluation will be made. Also, Mr. Snead might want to get an appraisal. Mr. Robert Parham, 2013 Fargo Drive complained of damage to his car by the curbing. There being none further to be heard, the public hearing was closed. Council took no action. 5. Nato Road from Owen Drive to Dead End: a. Resolution ordering paving. b. Resolution ordering sanitary sewer extension. c. Resolution ordering water extension. Mayor Dawkins opened the public hearing. Mr. Charles Pittman, 3300 Morganton Road, property owner of 3123 Nato Road, Lot 25, was opposed to the paving portion because there was paving already there. Barbara Melvin, 3322 Nato Road, and Becky Cannon, 3315 Nato Road, complained of damage to their cars because of the curbing. At this time, the City Attorney advised Council of a correction to be made to the Paving Assessment Roll on page 7. The name Clyde Williams should have been at 3305 Nato Road instead of Charles Pittman. This was also the case on page 2 of the Water and Sewer Assessment Roll. Mr. Cogswell stated that notices had been hand carried to Mr. Williams, however, he was unable to be in attendance tonight. Therefore, this particular portion of the public hearing will have to be continued at the next regular meeting. There being none further to be heard on this item, the public hearing was closed with the exception of 3305 Nato Road. Council took no action. 6. Phillis Circle from Nato Road to Owen Drive: a. Resolution ordering paving. b. Resolution ordering sanitary sewer extension. c. Resolution ordering water extension. The public hearing was opened and Mr. James N. Davis, 3112 Phillies Circle, stated that the corners of his curbing had been poorly repaired and it has split down the middle. Also, 3 1/2 feet of his yard was replaced with rock and red clay instead of the topsoil he had on there previously. There being none further to be heard on this matter, the public hearing was closed and no action taken by Council. 7. Fargo Drive from Nato Road to Northeast Margin of Lot 16, Plat Book 29, page 53: a. Resolution ordering paving. b. Resolution ordering sanitary sewer extension. c. Resolution ordering water extension. The public hearing was opened and Mr. Ronnie Shelley, 2010 Fargo Drive, stated that his driveway entrance also does damage to his vehicles and his front yard was not fixed back. In addition, a child had fallen through the water casing and been hurt. Mayor Dawkins instructed the city Attorney to check into this. Clinton Harris, 4713 Watauga Street, was recognized. He made comments with reference to past meetings. There being none further to be heard, the public hearing was closed. Council took no action. The City Attorney stated that letters had gone out notifying people that the discount would be in 60 days. He requested the news media publish the fact that it will be 60 days from adoption of the assessment roll in hopes of eliminating numerous telephone calls. Councilmember McBryde offered motion to continue action on the public hearing Items 3.A.1. through 7 until June 20, 1988, with the exception of 3305 Nato Road under Item 5, seconded by Councilmember Ross. carried unanimously. 4. Planning Board Matters: A. Consideration of the rezoning from R5 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at the southwest corner of the intersection of Grove Street and Hawley Lane. (Case P88-57) Al Mitchell presented this item and stated that it was recommended for approval by the Planning Board, but the Planning Staff recommended denial. Following some discussion, Councilmember Bolton offered motion to approve the rezoning, seconded by Councilmember McBryde and carried 6 to 3 with Councilmembers Evans, Torrey, Ross voting no. 5. PMC Matters: Consideration of adoption of an amended and revised Sewer Use Ordinance. This item was presented by Tim Wood. He introduced and recognized Theresa Pereira, PWC Environmental Compliance Technician, and praised her hard work over several years in this field. Ken Fanfoni reviewed the proposed ordinance. A method has been proposed which will allow the City to go from a $50 fine to a $1,000 civil penalty, which would be in keeping with the State Division of Environmental Management's recommendation. A revised penalties section incorporating this change has been approved by the Public Works Commission for submission to Council. This revised Ordinance has been written to meet EPA and NCDEM requirements. Mr. Fanfoni further stated that this proposed Ordinance baa also been reviewed with representatives of industries affected by the Ordinance and this does not create a problem for any of the existing industries. AN ORDINANCE AMENDING CHAPTER 31, ARTICLE II, OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1988-10 Following a question and answer session, Mayor Pro-Tem Evans 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 Ordinances Book 1988. 6. Presentation by Dean Russell, Chairman of Board of Directors for Fayetteville Area Habitat for Humanity. Mr. Russell reported that a list program would be to build homes for no profit and sell to the needy with no interest. The people that get the homes will put in 500 “sweat” hours, giving them dignity by not receiving welfare. Their organization does not accept government money for assistance. Mr. Russell stated that what they would request of Council is to have the City sell them the property and then rebuy less dollar after the property is completed. Their purpose is to give homes to the needy that they can afford. Mayor and Council thanked Mr. Russell for his presentation. 7. Consideration of approval of $226,400 in 1988-89 Community Development Block Grant funding. The City Manager stated this was a follow-up on the Luther Street portion as requested by Council. After meeting with the staff, the following recommendations were made: (1) Authorize PWC to install the water line as proposed in Mr. Wood's memo in the packet (this will resolve the most immediate and primary problem); (2) reallocate the CBDG fund for 1988-89 to housing rehabilitation through Richard Herrera's office; (3) continue to study the area for determination of the best long-range solution for extending streets in the area based upon a complete future development plan. Mr. Wood stated that PWC proposes to take the water line to the property owner for $190 which would be a one-time figure. Council then recognized Ms. Betty Coonce, concerned with her mother's property at 2801 Luther Street beyond the church, which also has the same problems. She was informed that staff will check into this for her. Mayor Pro-Tem Evans offered motion to follow the recommendations of staff, seconded by Councilmember Ross and carried unanimously. At this time, Mr. Jimmy McMillan, a Forsthye Street resident, asked to be recognized but was referred to the Public Works Commission for his request, since it was not germane to the action taken. 8. Consideration of annexation of Area 8. Mr. Smith presented this item and stated that this was postponed from the previous meeting in order to check out boundaries of a portion of the area for a petition, which includes a shopping center under construction. This has been checked out and it does not affect the eligibility of the rest of the area. A RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER GS 160A-31 (CROSS CREEK PLAZA). RESOLUTION NO. R1988-67 Councilmember Bolton introduced the foregoing Resolution and moved its adoption, seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Torrey voting no. A copy of the foregoing Resolution is on file in the Clerk's office in Resolutions Book R1988. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 5A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 8). ANNEXATION ORDINANCE NO. 88-5-312. Councilmember McBryde moved to adopt the Annexation Ordinance for Area 8--minus the petitioned property--to be effective June 30, 1988, seconded by Councilmember Wofford 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 Ordinances Book 1988. 9. Consideration of adoption of Resolution of Intent to annex Area 11 (East Fayetteville). Roger Stancil presented this item and recommended adoption of the Resolution of Intent, setting the date for public hearing on July 5, 1988, 7:00 p.m., City Hall Council Chambers. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, TO CONSIDER AN ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (AREA 11). RESOLUTION NO. R1988-68 Mayor Pro-Tem Evans introduced the foregoing Resolution and moved its adoption, seconded by Councilmember Kendrick and carried 7 to 2 with Councilmembers Ross and Torrey voting no. A copy of the foregoing Resolution is on file in the Clerk's office in Resolutions Book R1988. 10. Consideration of adoption of annexation report for Area 11 (East Fayetteville). Mr. Stancil presented this item and recommended adoption. After examination and discussion of the report of plans for extending R1988-68, adopted the 6th day of June, 1988, Councilmember Bolton moved approval services to the area to be considered for annexation under Resolution No. R1988-68, adopted the 6th day of June, 1988, Councilmember Bolton moved approval of the report, seconded by Councilmember McBryde and passed 7 votes to 2 with Councilmembers Ross and Torrey voting against. Mr. Smith reminded Council that they will be getting back to Council very soon on a recommendation for all the areas as to whether the sanitation pick-up will be through the department or through contract with outside agencies. 11. Consideration of adoption of demolition ordinances on the following: A. 329 Wilmington Road B. 216 Waddell Drive Walter Hairs presented these items and recommended adoption of demolition ordinances for A and B. A. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, 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 (329 WILMINGTON ROAD). ORDINANCE NO. NS1988-22 Councilmember Bolton introduced the foregoing Ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 5 to 1 with Councilmember Torrey voting no. B. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, 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 (329 216 WADDELL DRIVE). ORDINANCE NO. NS1988-23 Councilmember Bolton introduced the foregoing Ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Torrey voting against. Copies of the foregoing Ordinances are on file in the Clerk's office in Ordinances Book NS1988. C. 1004 North Street Council recognized Mrs. James Edwards who requested time to receive financial help they have been inquiring about. Councilmember Ross offered motion to delay until June 6, 1988, seconded by Councilmember Torrey and carried unanimously. D. 421 Hall Street - Deleted from the agenda due to previous action. 12. Consideration of an ordinance amending Chapter 20 of the Fayetteville City Code. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 20. “MOTOR VEHICLES AND TRAFFIC.” ORDINANCE NO. S1988-11. Councilmember Wofford 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 Ordinances Book S1988. 13. Consideration of adoption of a resolution requesting the Legislative Delegation of Cumberland County hear and study the circumstances of farming operations in populated residential areas. Mr. Smith stated that this is not to adopt a resolution but to support, by motion, the County Commissioners in their adoption of a resolution requesting legislative delegation to study the issue dealing with offensive odors in the county. Councilmember Pillow offered motion to support the County Commissioners in their attempts as recommended, seconded by Councilmember Pillow and carried unanimously. 14. Report from Policy Committee Policy Committee Chairman McBryde stated that no action was recommended at this time, however, the Committee is continuing to review on a case-by-case basis each of the boards and commissions. 15. Appointments: A. Nominations/elections to fill 3 vacancies on Board of Appeals Mrs. Brenda Burriss, 2226 Forest Hills Drive 28303, Fayetteville Housing Authority employee, was nominated by Councilmember Bolton. Mr. Don Nelms, Rogers Drive, was nominated by Councilmember Kendrick and previous nominations were Joyce Malone, 516 Spaulding Street 25301, and Edward Bryant, 712 Chadwick Road 28301. Following election, the three vacancies were filled by Joyce Malone 5 votes, Edward L. Bryant 8 votes, and Brenda Burriss 8 votes. Mr. Nelms received 4 votes. B. Nominations to fill 1 vacancy on the Fayetteville Redevelopment Commission Nominations were postponed. 16. Administrative Reports: A. Report on procedural changes at the Cumberland County and fill requiring separation of wood and automotive tires from other refuse. Mr. Smith stated that we can no longer pick up tires as a regular service due to changes at the County landfill. No other city of comparable size provides this service and he recommended that this be a special service with a fee. Council recognized Mr. Ray Naylor, Todd Tire Service, and Mr. Bob Smith, Executive Vice President of the North Carolina Tire Association, with their views and suggestions. There was lengthy discussion, questions and answers by Council including Clark Dill, Environmental Services Director. Council requested that the Mayor until our new trucks come in. B. Report on CBD Loop construction plans and re-routing of traffic. Mr. Bennett reported that construction will begin next month and it will be a two-year project. Traffic expected to be open in 1990. He reviewed the inconvenience aspects, detours, bridges to be built, and streets to be made into dead ends. This matter was postponed until the Information Meeting. C. Discussion of solicitor permits in residential areas. D. Report of taxes collected for the month of April, 1988, from the Cumberland County Tax Collector - The report was submitted by Mr. Smith. E. Other Drainage Channel Maintenance Agreement - Mr. Smith stated that this concerns a railroad easement situation. The Buckhead Subdivision in which the drainage channel will be on railroad right-of-way and the railroad wants a written agreement that the City will maintain the channel. He recommends that the Council authorize the City Manager to execute this written agreement. Mayor Pro-Tem Evans offered motion to authorize the City Manager to execute this agreement with the railroad company, seconded by Councilmember Wofford and carried unanimously. Councilmember Kendrick offered motion to enter executive session for litigation, seconded by Mayor Pro-Tem Evans and carried unanimously at 11:25 p.m. Council reconvened into regular session at 11:45 p.m. Motion was made and seconded to adjourn. INFORMATION MEETING MONDAY, MAY 23, 1988 INFORMATION MEETING CITY COUNCIL CHAMBER MONDAY, MAY 23, 1988 7:00 P.M. PRESENT: Mayor J. L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Horace Thompson, Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, Milt Wofford 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 ABSENT: Councilmember Mark Kendrick (excused) Mayor Dawkins called the meeting to order. The invocation was offered by Councilmember Ross and Mayor Dawkins led in the Pledge of Allegiance to the Flag. Upon motion by Councilmember Wofford, seconded by Councilmember Pillow, Council voted unanimously to excuse Councilmember Kendrick who was sick. The first item was a report on the Prince Charles/City Hall project. City Manager John Smith reviewed the history of the project. Mark Haggerty reviewed the financing of the project and asked the Council to reaffirm their previous Resolution of Intent concerning the project. Upon motion by Councilmember Wofford, seconded by Councilmember Ross, Council voted to reaffirm the previous Resolution of Intent R1987-38 with Councilmember McBryde voting in the negative. The Resolution Title is as follows: RESOLUTION OF INTENT. RESOLUTION NO. R1988-69. A copy of the foregoing resolution is on file in the clerk's office in Resolutions Book R1988. City Manager John Smith then presented a summary of the 1988-89 Recommended Budget. Upon motion by Councilmember Evans, seconded by Councilmember McBryde, Council voted unanimously to meet Tuesday, May 31, 1988, 7:00 p.m. at the Environmental Services Conference Room to begin review of the Recommended Budget. The next item was a discussion by the City Manager of an Ordinance prohibiting solicitation in residential areas. Council decided not to ask the staff to pursue this proposed Ordinance. There being no further business, the meeting was adjourned. SPECIAL MEETING TUESDAY, MAY 31, 1988 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING ENVIRONMENTAL SERVICES CONFERENCE ROOM TUESDAY, MAY 31, 1988 7:00 P.M. PRESENT: Mayor J. L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Horace Thompson, Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, Milt Wofford, 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 Pro-Tem Evans called the meeting to order. The City Manager then reviewed the budget including proposed revenues and expenditures. Council asked the City Manager to advertise a public hearing on the budget for Monday, June 13, 1955, 7:00 p.m. in the City Council Chamber. Upon motion by Councilmember Kendrick, seconded by Councilmember Torrey, Council voted unanimously to recess this meeting until 7:30 p.m., Wednesday, June 1, 1988, in the Environmental Services Conference Room. Council also agreed to a joint meeting with the Public Works Commission on Tuesday, June 7, 1988. CONTINUATION OF MAY 31, 1988, MEETING WEDNESDAY, JUNE 1, 1988 FAYETTEVILLE CITY COUNCIL CONTINUATION OF MAY 31, 1988, MEETING ENVIRONMENTAL SERVICES CONFERENCE ROOM WEDNESDAY, JUNE 1, 1988 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Horace Thompson, Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, and Milt Wofford. 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 Absent: Councilmember Mark Kendrick Mayor Dawkins reconvened the meeting of May 31, 1988. City Manager John Smith reviewed the status of all of the City's funds. He also explained the various packets of information delivered to City Council concerning the 1988-89 Recommended Budget. Council reviewed the recommended budget in detail. Upon motion by Councilmembers Evans, seconded by Councilmember Ross, Council voted unanimously to recess the meeting until 7:30 p.m., Tuesday, June 7, 1988, in the Environmental Services Conference Room. REGULAR MEETING MONDAY, JUNE 6, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 6, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant, City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager Robert M. Bennett, City Engineer Richard Herrera, Community Services Director Tim Wood, PWC Manager Walter Haire, Building Inspector Sandy Saunders, Chairman, Parks and Recreation Advisory Commission Members of the Press Mayor Dawkins called the meeting to order and welcomed everyone to the first regular meeting in June. Rabbi Manuel Armon, Beth Israel Synagogue, followed by the Pledge of Allegiance to the American Flag being led by the Mayor. RECOGNITION: Mayor Dawkins then presented an award for leadership and dedication for a cleaner community from the Fayetteville Appearance Commission to Joe Walker and Leonard Ellis of Ellis-Walker Builders, Inc. and Hampton Johnson of Hardees Restaurant. Youth Council member Holly Wood who was the Youth Council Mayor for the week and Chris Hudspeth who read a proclamation that was presented to Mayor and Council, were recognized and praised for their contribution and dedication to the community. Mayor Dawkins stated that the City Attorney had requested an executive session for litigation at the beginning of the meeting and John Smith had requested a brief executive session at the end of the meeting for property transaction. Councilmember Kendrick offered motion, seconded by Councilmember Bolton to enter executive session for litigation at 7:20 p.m. Council reconvened at 7:35 p.m. into regular session. 1. Approval of Agenda. Councilmember Ross offered motion to approve the agenda, seconded by Councilmember Wofford and carried unanimously by voice vote. 2. Consent: Councilmember Wofford offered motion to approve the consent items and adopt the resolutions, seconded by Councilmember Ross and carried unanimously by voice vote. The consent items are as follows: A. Approval of minutes of regular meeting of May 2, 1988 B. Approval of minutes of information meeting of May 23, 1988. C. Approval of minutes of special meeting of May 31, 1988. D. Approval of the following requests for tax refunds: 1. Stephen and Terrie Schmith in the amount of $53.33. 2. Sonia Poklemba in the amount of $645.02. 3. Third Century Leasing in the amount of $112.38. 4. Bowman Transportation, Inc., in the amount of $7,819.78. 5. Quality Inn in the amount of $596.10. 6. Scott Howell in the amount of $111.43. 7. Lowes of Fayetteville in the amount of $271.49. 8. Charlie and Linda Peeler in the amount of $93.18. 9. Lilly Robinson in the amount of $14.47. E. Approval of request from Cross Creek Mall, Cross Pointe Center and Windsor Mall for a fireworks display permit. F. Set public hearing for June 20, 1988, to consider the rezoning from P2 Professional District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the southwest corner of the intersection of Pamalee Drive (U.S. 401 Bypass) and Cain Road. Case P88-36. G. Set public hearing for June 20, 1988, to consider the rezoning from R6 Residential District to R10 Residential District for an area locationed north side of Pugh Street, east side of Fairwood court, west side of Devane Street and south of Morganton Road. Case P88-64. H. Award of Contract for purchase of 198,240 pounds Magnolia Aluminum Conductor to Hesco, Inc., low bidder in the amount of $277,500.25. Bids were received as follows: Hesco, Inc. $277,500.25 Mill-Power Supply Co. $278,923.68 Rigby Electric Supply Company $297,558.24 Eastern Electric Supply, Inc. $299,342.40 Power & Telephone Supply Company $300,730.00 WESCO $304,595.76 I. Award of contract for purchase of 1500 Polymer Line Post Insulators to Westinghouse Electric Supply Company, low bidder in the amount of $108,000.00. Bids were received as follows: Westinghouse Electric Supply Company $108,000.00 Mill-Power Supply Company $113,085.00 Eastern Electric Supply, Inc. $121,275.00 Ohio Brass Company $136,500.00 J. Approval of the following bid awards to low responsible bidders for construction of the North Fayetteville Lift Station. 1. Brown Utility Co., General Contractor $497,000.00 2. T.A. Loving Co., Electrical Contractor $135,000.00 3. McGirt's Plumbing & Electric Co., Inc., Plumbing Contractor $ 27,690.00 4. Standard Electric Co., Mechanical Contractor $ 27,599.00 K. Approval of acceptance of a deed of gift of the Market House. L. Authorize advertisement for upset bid on property valued at $45,000. M. Adoption of Capital Project Ordinance Amendments 88-24 and 88-25. N. Award of contract for purchase of six snow plow blades from N.C. Equipment Company in the amount of $12,870.00. Bids received were: North Carolina Equipment Company $12,870.00 Cavalier Equipment Corporation $13,062.00. O. Adoption of resolution fixing date of public nearing on question of annexation pursuant to G.S. 160A-31, as amended. (Cross creek Plaza) Public hearing set for June 20, 1988. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. (CROSS CREEK PLAZA) RESOLUTION R1988-70. P. Adoption of resolution authorizing the exchange of police weapons. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE EXCHANGE OF WEAPONS. RESOLUTION NO. R1988-71. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. Mayor Dawkins then reminded everyone of the public hearing time limit of 15 minutes for those in favor and 15 minutes for those opposed. 3. Public Hearings: A. Consideration of the rezoning from R10 Residential District to P1 Professional District or to a more restrictive zoning classification for an area located at the northeast corner of the intersection of Rosehill Road and Randinita Drive. Case P88-48. This item was presented by Al Mitchell who stated that the Planning Board and the Planning staff recommends denial of the requested rezoning based on the following: 1. That the 401 ByPass/Rosehill Road Study Area adopted by the Planning Board in 1984, calls for single-family residential development at this location. 2. That approval of the requested rezoning would constitute spot zoning in that it would grant special development privileges to this property not enjoyed by other properties with similar location and characteristics. 3. That approval of the requested rezoning could promote further strict commercial/non-residential development along Rosehill Road. Mayor Dawkins opened the public hearing and recognized in favor Mr. Herb Thorpe, 2925 Skye Drive, representing Linda Dowd and Dr. C. P. Dowd. The area has been unsuitable for the present zoned use and is a nuisance as it is right now because of the unsuitable and unlawful activities that go on in that area. Mr. Thorpe stated that they have been unable to sell this property for residential use. He requested those present in favor of the rezoning to stand and there were approximately ten area residents present. Appearing in opposition was Betty Franklin, 638 Randinita Drive, stating she had presented a petition of the neighborhood residents in opposition. There are a number of children under the age of 13 living in the area that the increased traffic would be a hazard to their health. She further stated that to her knowledge there has never been a for sale sign on that property in the four years they have lived there. Also opposed was Carmen Gonzales, 639 Randinita Drive, stating that the neighborhood watch has reported the unsuitable activities and she concurred with Mrs. Franklin's presentation. There being none further to be recognized, the public hearing was closed. Council questioned Mr. Mitchell as to this constituting spot zoning and he responded that this is spot zoning and recommends it be left residential. The City Attorney also agreed with staff. Following some discussion, Mayor Pro-Tem Evans offered motion to follow the recommendation to deny the rezoning request, seconded by Councilmember Wofford and carried 5 to 4 with Councilmembers Thompson, Pillow, Ross, and Torrey voting against. B. Consideration of the reauthorization of the Municipal service District (Downtown Tax District). Richard Herrera presented this item giving the background and citation of laws. Council had directed that this be brought back for reauthorization every fifty year. He further stated that this is not an additional tax but a review of the tax district. The public hearing was opened. Those with favorable comments were Denny Shaefer, Bill Hurley, 304 and 302 Mason Street property owners, John Malzone 102-104 Person Street (McKeithan Building) property owner, Stuart Kerr and Stacy Weaver, downtown property owners. David Little, President of the Olde Fayetteville Association, was also in favor stating he had a petition of more than 30 downtown property owners in favor of this. He also submitted a list of more than 27 businesses that have moved to the downtown in the last 2 1/2 years. Crawford McKeithan, downtown property owner, was recognized stating that he was not for or against, however he does feel that there are three problems that need to be corrected in the downtown area: (1) The train situation, (2) Policing of vagrants and derelicts, and (3) The Hay Street area. Appearing against the downtown tax district was Graham Creech who stated he feels there are too few people footing the bill for the downtown functions. Mr. Don Clayton feels they are taxing the wrong people. Mrs. Becky Dutton, owner of 200 Robeson Street building, feels that everyone enjoys the downtown area and all should share in the taxes of the downtown area. Mrs. Niecie Fleishman Wolff and Ray Haylor, both property owners, concurred that everyone should share in the revitalization of the downtown since everyone benefits. There being none further to be heard, the public hearing was closed. There was lengthy discussion concerning using General Fund monies and earmarking monies. Councilmember Wofford offered motion to adopt a resolution reauthorizing the Municipal service District, seconded by Councilmember Thompson and carried 5 to 4 with Councilmembers Evans, McBryde, Bolton, and Kendrick voting against. The resolution title is as follows: A RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL CREATING A MUNICIPAL SERVICE DISTRICT PURSUANT TO CHAPTER 160A, ARTICLE 23, OF THE NORTH CAROLINA GENERAL STATUTES. RESOLUTION NO. R1988-72. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. 4. Planning Board Matters: A. Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located on the east side of Clark Drive, south of Claude Street and north of Tally-Ho Drive. Case P88-63. This item was presented by Al Mitchell stating that the Planning Board and Planning staff recommend approval. Also, this should have been placed on the consent agenda. Councilmember Wofford offered motion to approve the rezoning as recommended, seconded by Councilmember Kendrick and carried unanimously. B. Consideration of the initial zoning to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the north side of N.C. Highway 24 (Bragg Boulevard), west of Carol Street. Case P88-66. Mr. Mitchell stated this item also should have been placed on the consent agenda. Councilmember Ross offered motion to approve the rezoning as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously. 5. PWC Matters: Consideration of approval of Amendment to PWC 1987-88 Budget, Combined Cycle Electric Generation Project Fund, Amendment #1, increasing said fund $600,000. Mr. Wood presented this item. The recommended low bidders and the bids received are as follows: Hesco, Inc. $277,500.25 Mill-Power Supply Co. $278,923.68 Rigby Electric Supply Company $297,558.24 Eastern Electric Supply, Inc. $299,342.40 Power & Telephone Supply Company $300,730.00 WESCO $304,595.76 Westinghouse Electric Supply Company $108,000.00 Mill-Power Supply Company $113,085.00 Eastern Electric Supply, Inc. $121,275.00 Ohio Brass Company $136,500.00 Brown Utility Co., General Contractor $497,000.00 T.A. Loving Co., Electrical Contractor $135,000.00 McGirt's Plumbing & Electric Co., Inc., Plumbing Contractor $ 27,690.00 Standard Electric Co., Mechanical Contractor $ 27,599.00 Councilmember Pillow offered motion to approve the amendment increasing PWC 1987-88 Budget as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously. At this time the PWC Manager was excused from the meeting. 6. Consideration of adoption of changes to fee schedule for parks and recreation services. This item was presented by Sandy Saunders, Chairman of the Parks and Recreation Advisory Commission, stating that he wanted council to note the expansion of their recreation in that it now includes fishing and boat rentals. Mayor Pro-Tem Evans offered motion to adopt the fee schedule, seconded by Councilmember Ross and carried unanimously. The fee schedule is as follows: ACTIVITY/SERVICE RESIDENT NONRESIDENT Boating (reservations taken, $2/hr $4/hr electric motor, safety equipment) Picnic Pavilions (reservations taken, maintenance) Shelter 1 (180-200 people) $30 (1-4 hr) $60 (1-4 hr) $50 (over 4 hr) $100 (over 4 hr) Shelter 2 (50-75 people) $15 (1-4 hr) $ 30 (1-4,hr) $25 (over 4 hr) $ 50 (over 4 hr) Ball Field Rentals (dragging and $ 75 (per field/day) $150 marking, lights, bases, $150 Rental Deposit supervision) Cross Creek Park (reservations $25 (day) $50 (day) taken, maintenance) 7. Consideration of revision to section 20-106 Traffic Schedule Number 6 - Stop Intersections adding Gibson Street to stop at Sherman Drive. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1988-24. Councilmember Thompson 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 Ordinances Book NS1988. 8. Consideration of request to prohibit parking on Cunningham Street west of Eden Cross Street. Councilmember Wofford offered motion to adopt the ordinance to prohibit parking on Cunningham Street west of Eden Cross Street, seconded by Councilmember Ross. Mr. Bennett stated that a gentleman had come requesting to be heard on this matter. Council agreed to hear and recognized Mr. Edward Hughes, 1376 Tennessee Circle, Sanford, property owner of mine rental houses behind Valley Motors. Mr. Hughes stated he had many complaints from his tenants about not being able to park in front of their houses or they are getting blocked in their driveways due to the parking situation on that street. Also, the Fire Department cannot get into the area due to the parking on both sides of the street. Mr. Hughes further stated he feels he is being penalized because of Valley Motor's parking problem and requested that Council look at the area before making a decision. Following some discussion, Mayor Pro-Tem Evans offered substitute motion to delay action, Councilmember Wofford withdrew his original motion at this time and Council took no action. 9. Consideration of a resolution requesting NC Department of Transportation to delete certain streets from State maintenance in areas to be annexed by the City on June 30, 1988. This item was presented by Bob Bennett. RESOLUTION OF THE CITY OF FAYETTEVILLE REQUESTING TRANSFER OF MAINTENANCE RESPONSIBILITY OF NEIGHBORHOOD TYPE STREETS IN AREA TO BE ANNEXED AS OF JUNE 30, 1988. RESOLUTION NO. R1988-73. 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 Resolutions Book R1988. 10. Consideration of amendments to Chapter 22 of the Fayetteville City Code (Personnel Ordinance). This item was presented by the City Manager. Councilmember Wofford made mote that this Personnel Ordinance would be changing one of the holidays from Easter Monday to Good Friday. FAYETTEVILLE CITY CODE OF ORDINANCES (AMEND CHAPTER 22, “PERSONNEL”). ORDINANCE NO. R1988-12. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton and carried unanimously. 11. Consideration of amendments to Section 32-56 of the Fayetteville City Code concerning off-street parking of commercial/for-hire vehicles with a rating capacity of two and one-half tons. This item was presented by the City Attorney who stated that this does not include RV's. His recommendation is to refer the proposed amendment to the Zoning Ordinance to the Planning Board for their consideration. Mayor Pro-Tem Evans offered motion to refer this amendment to the Planning Board as recommended, seconded by Councilmember Bolton and carried unanimously. 12. Consideration of adoption of a demolition ordinance for the property located at 1004 North Street. Walter Haire presented this item and stated that the situation had not changed since the last meeting. Mr. and Mrs. Edwards were both recognized stating they could not live in the house nor could they afford to repair the house. There was some discussion by Council. Councilmember Thompson offered motion to adopt the ordinance, seconded by Councilmember Wofford and carried 7 to 2 with Councilmembers Torrey and Ross voting no. The ordinance title is as follows: AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING'S 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. NS1988-25. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1988. 13. Appointments: A. Nominations to fill three vacancies on the Airport Commission. Nominations were made as follows: Ben Watson, by Councilmember Ross; Al Rummons, by Mayor Pro-Tem Evans; Thomas L. Bradford, by Councilmember Thompson; G. Wesley Allen, renominated by Councilmember Pillow; and Richard Fox, renominated by Councilmember Wofford. B. Nominations to fill one vacancy on the Joint Planning Board. Glorious Fowler, nominated by Councilmember Ross; and Billy Maxwell, Sr., nominated by Councilmember Bolton. C. Nominations to fill one vacancy on the PWC Retirement Board. Steve Blanchard was renominated by Councilmember Wofford. D. Nominations to fill five vacancies on the Fayetteville Revitalization Commission. Following are the nominations: Owen Spears, by Councilmember Kendrick; Robert Pringle, by Councilmember Ross; Walter Vick, III, by Councilmember Thompson; Graham Creech, by Councilmember Bolton; and Suzan Cheek, by Councilmember Wofford. E. Nominations to fill one vacancy on the Fayetteville Redevelopment Commission. Kenneth Smith, nominated by Councilmember Pillow. F. Nominations to fill one vacancy on the Public Works Commission Board. Nominations were Robert G. Ray, by Councilmember McBryde; Jim Warner, renominated by Mayor Pro-Tem Evans. 14. Administrative Reports: A. Discussion of meeting with the Legislative Delegation. It was decided to suggest to the Legislative Delegation a breakfast meeting at 8 O'Clock at Haymount Grill on June 13th or June 20th. B. N.C. Intergovernmental Risk Fund N.C. Intergovernmental Risk Fund - Mr. Smith stated that we have been a member of this fund for the past two years. He had learned recently that almost all of the cities over 40,000 in population have pulled out of the Risk Fund. We must give 30 days notice prior to July 1, 1988, if we have intentions of pulling out. Mr. Smith has sent a letter notifying them of our considering pulling out and has asked the Risk Manager to check into other things we can do in the interim to maintain our general liability during the next fiscal year. Mr. Smith stated this is merely to notify Council of the situation and requires no action at tonight's meeting. The City Attorney stated that in the lawsuit of Raeford Lockamy vs. William Strange, Leander Strange, and John Robert Cole, Mr. Lockamy is an employee of the City and this deals with an auto accident. A settlement has been offered and we will receive $3,000 in subrogation of our Workmens' Compensation Claim. Mr. Cogswell recommends that we accept under those terms. Motion was made by Mayor Pro-Tem Evans, seconded by Councilmember Pillow and carried unanimously to follow the recommendation. Councilmember Pillow offered motion, seconded by Councilmember Ross and carried unanimously to enter executive session for litigation at 10:48 p.m. Council reconvened at 10:53 p.m. and motion was made and seconded to adjourn. CONTINUATION OF JUNE 1, 1988, MEETING TUESDAY, JUNE 7, 1988 MINUTES FAYETTEVILLE CITY COUNCIL CONTINUATION OF JUNE 1, 1988, MEETING ENVIRONMENTAL SERVICES CONFERENCE ROOM TUESDAY, JUNE 7, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Horace Thompson, Ida Ross, Tommy Bolton, Joseph Pillow, Thelbert Torrey, Milt Wofford, and Mark Kendrick. Public Works Commission Members Jim Warmer, Tom McCoy, Bill Owen, and Robert Williams. Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations Robert C. Cogswell, Jr., City Attorney Tim Wood, PWC General Manager Mayor Dawkins reconvened the meeting of June 1, 1988. City Manager John Smith handed out a list of outside organization. and their requests for the 1988-89 Budget. He also gave the Council a compilation of the requested Capital projects and a comparison of the tax rates of major cities in North Carolina. Mayor Dawkins made remarks on the responsibilities of the City Council in the budget process. Public Works Commission Chairman, Jim Warner, made a presentation concerning the PWC budget with remarks by other Commission members. Upon motion by Councilmember Kendrick, seconded by Councilmember Pillow, Council voted unanimously to recess until Tuesday, June 14, 1988, at 7:00 p.m. in the Environmental services Conference Room. SPECIAL MEETING MONDAY, JUNE 13, 1988 CITY COUNCIL MINUTES SPECIAL MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 13, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Staff Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Invocation was offered by the City Attorney, followed by the Pledge of Allegiance to the American Flag. Mayor Dawkins welcomed everyone and stated that Council would hear the budget public hearing before consideration of the bond resolution. 1. Budget Public Hearing The public hearing was opened and representatives of outside agencies were recognized, each giving Council information on progress that has been made, unfinished or proposed projects, and proposed use of money requested. They are as follows: Please Note: To view the table, please see Book W, page 597 of the City of Fayetteville Meeting Minutes. At this time, Mayor Dawkins announced that Mr. Bob Pebernat of the City Inspection Department passed away during the night following a severe heart attack on Monday. Steve O'Conner, 615 Pearl Street, representing Friends of the Park, stating they were not requesting money for their group but addressed the budget for parks and plans for future parks with green space being set aside. J. P. Riddle, 1705 Winterlochen, spoke as a citizen concerned with vandalism in the parks and requested police protection. Mr. Riddle also addressed the matter of selling PWC to generate more money in interest as well as the sale price and not increasing citizen's taxes. Walter Moorman appeared in rebuttal to Mr. Riddle's request to sale PWC giving facts and figures in an effort to show why Council should not consider selling PWC and how the City and PWC can work together. There being none further to be heard, the public hearing was closed. Councilmember Kendrick requested to be excused from the June 14 special meeting due to being out of town. 2. Consideration of Adoption of ResoLution for 1988 Bond Sale. The following resolution was discussed and its title was read: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $4,200,000 PUBLIC IMPROVEMENT BONDS OF THE CITY OF FAYETTEVILLE, PURSUANT TO BOND ORDERS HERETOFORE APPROVED AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF. RESOLUTION NO. R1985-74 Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. Councilmember McBryde offered motion to enter executive session for litigation, seconded by Councilmember Kendrick and carried unanimously at 9:16 p.m. Council reconvened at 9:24 p.m. into regular session and the City Attorney recommended that in the condemnation of the property belonging to H. McMillian Tyson, II, the City award $4,425 for the property on Cain Road and Pamalee Drive. Councilmember Bolton offered motion, seconded by Councilmember Kendrick and carried unanimously, to follow the recommendation. Mr. Cogswell also recommended that in the condemnation of the property on Dick and Russell Streets belonging to H. McMillian Tyson, II, the City award $1,925. Councilmember Thompson requested to abstain from this matter since he felt it was a conflict of interest due to his employer having an interest in this property. Council accepted Mr. Thompson's request. Councilmember Bolton offered motion, seconded by Councilmember Kendrick, to follow the recommendation, carried 8 to 0 with Councilmember Thompson abstaining. There being no further business, the meeting was adjourned at 9:30 p.m. CONTINUATION OF JUNE 7, 1988, MEETING TUESDAY, JUNE 14, 1988 FAYETTEVILLE CITY COUNCIL CONTINUATION OF JUNE 7, 1988, MEETING ENVIRONMENTAL SERVICES CONFERENCE ROOM TUESDAY, JUNE 14, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Horace Thompson, Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, and Milt Wofford. 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 Absent: Councilmember Mark Kendrick (excused) Mayor Dawkins reconvened the meeting of June 7, 1988. City Manager John Smith discussed the Airport budget and the reinstatement of funds for roof repair by removing $10,000 requested for art work, $10,000 requested for tile, and $23,000 requested for a sweeper. He explained that if revenues were available a sweeper could be reinstated into the budget. Council discussed the tax district budget. It was the consensus of the Council to propose a 3.5 cent tax rate in the downtown tax district and fund $25,000 for the Director of Business Development at Olde Fayetteville Association, $5,000 for christmas decorations, $25,000 for parking improvements, and $25,000 for downtown promotions to the Olde Fayetteville Association. They also recommended an additional $20,000 be appropriated in General Fund to the Olde Fayetteville Association for promotion of city-wide events. Council then reviewed the requests of outside agencies and directed the City Manager on the amounts to include in the approved budget. Following some discussion of the City's fund balances, City Manager John Smith then reviewed the Budget and Fiscal Control Act and its relationship with the City's Charter establishing the Public Works Commission and the City's ordinances establishing the Airport Commission. He also reviewed the PWC Capital Budget. Councilmember McBryde moved that the Council direct the City Manager to prepare a budget ordinance including the recommended B Budget, a 45 cent tax rate, and a $9,100,000 transfer from the Public Works Commission. This motion was seconded by Councilmember Bolton. Councilmember Evans made a substitute motion to transfer $1,000,000 from PWC with a tax rate that would supply the necessary additional revenue. This substitute motion was seconded by Councilmember Torrey. Upon some discussion of the relationship of tax rates and transfers from the Public Works Commission, both Councilmember Evans and Councilmember McBryde withdrew their motions. Council asked the City Manager to prepare budget ordinances that showed various transfers and tax rates to fund the recommended B Budget, plus an additional $250,000 in reserves, plus Council recommendations concerning outside agencies. There being no further business, the meeting was adjourned. REGULAR MEETING MONDAY, JUNE 20, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 20, 1988 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Robert M. Bennett, City Engineer Tom Ray, Airport Manager G. Allan Mitchell, Assistant City/County Planning Director Tim Wood, PWC Manager Members of the Press The meeting was called to order by Mayor Dawkins and the invocation was offered by Reverend Randy White, Trinity Baptist Church, followed by the Pledge of Allegiance to the American Flag. RECOGNITION: FCCYC-Kiwanis Youth of the Month - Richard Newton. Although Richard was not present to receive his bond, Mayor Dawkins did want to recognize that Richard was the only Youth Council member to serve as President for two terms since the inception of the Youth Council Program. At this time Mr. Smith stated that concerning Item 5 - Assessment Rolls, he has received three appraisals on some of the properties on the assessment rolls and needs time to review and possibly get another appraisal. Mayor Pro-Tem Evans offered motion to continue Item 5 until the next regular Council meeting, seconded by Councilmember Ross. Miss Evans amended her motion to continue until July 18th, carried unanimously by voice vote. Mr. Smith stated that Item 2.M. had been sent under separate cover and Item 2.C. was a corrected copy of the June 1st minutes. The City Attorney requested executive session for litigation and one for personnel. Approval of Agenda. Councilmember Bolton offered motion to approve the agenda with the addition of Item 2.M., seconded by Councilmember Kendrick and carried unanimously. Consent: Councilmember Wofford stated that on the minutes of the May 16th City Council meeting, page 573, under “Recognition,” the name “Louis” Derrick should be corrected to read “Dorris” Derrick. Councilmember Kendrick requested a correction on the June 1st meeting minutes to show him having an excused absence. Mayor Pro-Tem Evans offered motion to approve consent agenda with the corrections to the minutes, awarding contracts, adoption of resolution, and the addition of 2.M., seconded by Councilmember Kendrick and carried unanimously. The consent items are as follows: Approval of minutes of regular meeting of May 16, 1988. Page 573, “Recognition” - Louis Derrick should be Dorris Derrick. Approval of minutes of special meeting of June 1, 1988. Councilmember Kendrick - excused absence. Approval of minutes of special meeting of June 7, 1988. Approval of minutes of special meeting of June 14, 1988. Adoption of Budget Amendments 88-27, 88-28 and 88-29 for closeout of FY 87-88. Award of contract for purchase of various sizes of transformers to Eastern Electric Supply and Mill-Power Supply, low bidders. (PWC) Bids received are as follows: Please Note: To view the tabulation of bids, please see Book W, page 602 of the City of Fayetteville Meeting Minutes. Set public hearing for July 18, 1988, to consider amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, “Zoning,” by creating an HD Historic District and attendant regulations to promote the preservation and restoration of structures that are historic to Fayetteville. (P87-103) Award of contract for purchase of safety clothing for Fire Department to Jones Safety Supply, Inc., and Zimmerman-Evans, lowest responsible bidders meeting specifications. Bids were received as follows: BIDDERS SECTION A SECTION B TOTAL PRICE Carolina Firemasters, Inc. $1,683.00 $ -0- $ 1,683.00 Jones Safety Supply, Inc. $ -0- $ 6,799.10 $ 6,799.10 Early Distributing Co., Inc. $6,880.38 $5,243.31 $12,123.69 Zimmerman-Evans $6,639.24 $8,705.00 $15,344.24 Harold's Sales & Service Co., Inc. $7,294.38 $10,088.65 $17,383.00 Adoption of a resolution accepting certain streets in areas to be annexed as of June 30, 1988. RESOLUTION OF THE CITY OF FAYETTEVILLE TO ACCEPT MAINTENANCE RESPONSIBILITY OF NEIGHBORHOOD-TYPE STREETS IN AREAS TO BE ANNEXED AS OF JUNE 30, 1988. RESOLUTION NO. R1988-75. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. Adoption of a resolution authorizing the sale of City/County owned property - Lot 85 Bevil and Vanstory subdivision located on the south side of Vanstory Street. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1988-76. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. Approval of revisions to Section 20-106 adding Stop and Yield intersections in Ascot, Kingsford and Drexel and Post Avenue at Broadview Drive, AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 6-STOP INTERSECTIONS). ORDINANCE NO. NS1988-26. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 14-YIELD RIGHT-OF-WAY). ORDINANCE NO. NS1988-27. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1988. Authorize advertisement for sale of Parcel A-2 Southeast Fayetteville NCA-7 (Community Development). Adoption of Capital Project Ordinance Change 88-26. Public Hearings: Consideration of petition requesting annexation of Cross Creek Plaza. The petition annexation information report was presented by Mr. Stancil with a recommended effective date of October 31, 1988. Mayor Dawkins opened the public hearing and there were none requesting to speak for or against the annexation. The public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ANNEXATION ORDINANCE NO. 88-6-313. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried 8 to 1 with Councilmember Torrey voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1988. Consideration of the rezoning from P2 Professional District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the southwest corner of the intersection of Pamalee Drive (U.S. 401 Bypass) and Cain Road. (P88-36) This item was presented by Al Mitchell who stated that the Planning Board and Planning staff had recommended denial. The public hearing was opened and appearing in favor was Stacy Weaver, representing Mac Tyson. He stated that any of the commercial zoning districts would be acceptable and presented a petition from supporting property owners to Council. Appearing in opposition was Henry Beau stating he was representing 14 others in the area also opposed to the rezoning because of the proposed 24-hour business planned for the area. There being none further to be recognized on this matter, the public hearing was closed. Mayor Pro-Tem Evans offered motion to follow the recommendation of the Planning Board and Planning staff and deny the rezoning request, seconded by Councilmember Pillow. The motion failed 4 to 5 with Councilmembers Evans, Ross, Pillow and Wofford voting in favor, and Councilmembers Torrey, Kendrick, Bolton, McBryde and Thompson voting against. Another vote was called due to some confusion as to the motion. Mayor Dawkins repeated the motion which was to deny the rezoning. The motion carried 6 to 3 with Councilmembers Evans, Pillow, Ross, Wofford, Thompson and Kendrick voting in favor, and Councilmembers McBryde, Bolton, and Thompson voting against. Consideration of the rezoning from R6 Residential District to RIO Residential District for an area located on the north side of Pugh Street, east side of Fairwood Court, west side of Devane Street and south of Morganton Road. (P88-64) Al Mitchell presented this item and stated that the Planning Board had recommended denial. The City Clerk has received an official protest petition. Mayor Dawkins reminded Council that this means if Council chooses to rezone, 7 members of Council have to vote in favor. The public hearing was opened and recognized Hal Broadfoot, 214 Devane Street, who presented a new proposal to delete those who do not want their property included in the rezoning. In opposition was Lorrie Mullins, 120 Stedman Street, with a garage apartment facing 1704 Calcutt. Also appearing in opposition was Stacy Weaver, representing Mr. Lloyd, Stedman Street property owner. They want to be deleted from rezoning if their buildings would become a non-conforming use because they would not be able to rebuild it if it burned. There being none further to be recognized, the public hearing was closed. Mayor Pro-Tem Evans offered motion to approve amended area as shown and delete the corner lot on Calcutt and Stedman Streets, seconded by Councilmember Wofford and carried 8 to 1 with Councilmember Torrey voting no. PWC Matters: Consideration of a resolution authorizing condemnation to acquire certain property to provide the public an adequate, reliable and sound electric distribution system, and to improve such system to meet the need for expanded or upgraded services. Tim Wood presented this item and recommended adoption. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF ALVIN GLOVER, JR., AND WIFE, NERVERIA CHRISTINE GLOVER. RESOLUTION NO. R1988-77. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. Consideration of adoption of the following assessment roles and levying assessments for the following: A. Coffman Street from Cumberland Road to Dead End. B. Dinmont Circle from Eugene Street to Cul-de-sac. C. Eugene Street from Coffman Street westerly to Cul-de-sac. D. Little Beaver Drive from Nato Road to Fargo Drive. E. Nato Road from Owen Drive to Dead End. F. Phillies Circle from Nato Road to Owen Drive. G. Fargo Drive from Nato Road to Northeast Margin of Lot 16, Plat Book 29, page 53. Consideration of request for reconsideration of the rezoning from R10 Residential District to PI Professional District or to a more restrictive zoning classification for an area located at the northeast corner of the intersection of Rosehill Road and Randinita Drive. (P88-48) This item was presented by the City Attorney. Councilmember McBryde offered motion to reconsider the previous action on the request for rezoning, seconded by Councilmember Bolton. Following some discussion Councilmember Thompson called the question. All Councilmembers had elect been heard and Mayor Dawkins called for a vote on ceasing debate. There was a majority vote. Mayor Dawkins then called for vote on the motion to reconsider the main motion to deny rezoning and it carried 7 to 2 with Councilmembers Evans and Ross voting against. Mayor Dawkins then called for a vote on Mayor Pro Tem Evans' main motion to deny rezoning and it failed 4 to 5 with Councilmembers Evans, Wofford, Ross, and Torrey voting for and Councilmembers McBryde, Thompson, Bolton, Pillow, and Kendrick voting against. Councilmember McBryde offered notion to set public hearing for July 5, 1988, to reconsider the request for rezoning, seconded by Councilmember Thompson and carried 8 to 1 with Mayor Pro-Tem Evans voting no. Consideration of purchase of property adjacent to the Fayetteville Regional Airport. This item was presented by Tom Ray, Airport Manager, stating that the property of Seavy Young, 3.7 acres located inside of Doc Bennett Road which has been identified in the Airport's Master Plan. The price has been negotiated and Mrs. Thompkins, executrix, has agreed to the price of $17,500. Councilmember Ross offered motion to follow the recommendation to approve the purchase, seconded by Councilmember Bolton and carried unanimously. Consideration of previous recommendation considering prohibiting parking on a portion of Eden Cross Street. This item was presented by Bob Bennett, stating that a correction has been made in the ordinance for the west side of Cunningham. AN ORDINANCE AMENDING CHAPTER 20, “MOTOR VEHICLES AND TRAFFIC,” OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (TRAFFIC SCHEDULE NUMBER 11-PARKING PROHIBITED, EDEN CROSS). ORDINANCE NO. NS1988-28 AN ORDINANCE AMENDING CHAPTER 20, “MOTOR VEHICLES AND TRAFFIC,” OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (TRAFFIC SCHEDULE NUMBER 11-PARKING PROHIBITED, CUNNINGHAM STREET). ORDINANCE NO. NS1988-29 Mayor Pro-Tem Evans moved to adopt the foregoing ordinances as recommended, seconded by Councilmember Kendrick and carried unanimously. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1988. Consideration of approval of contract for sanitation services for newly annexed areas. Assistant City Manager, Roger Stancil, presented this item stating that the contracts with AAA Sanitation, Inc., Cumberland Garbage and Trash Service, Inc., and Traveler's Trash Company, Inc., meet the G.S. requirements and he recommends awarding of the contracts. Councilmember Ross offered motion to follow the recommendation to authorize the City Manager to negotiate the contracts, seconded by Mayor Pro-Tem Evans and carried 8 to 1 with Councilmember Torrey voting no. At this time, Councilmember Bolton offered motion to enter executive session for litigation, seconded by Councilmember McBryde and carried unanimously at 8:50 p.m. Council reconvened into regular session at 9:05 p.m. Consideration of adoption of FY 88-89 Budget presented by City Manager, John Smith. Councilmember Wofford offered motion to set the tax rate at 49 cents and transfer approximately $8,500,000 from Public Works Commission budget, seconded by Councilmember McBryde. Following discussion, substitute motion was made by Councilmember Thompson to set tax rate at 55 cents and transfer a total of $7,068,011 from PWC. Motion died for lack of second. Councilmember Torrey offered substitute motion to set the tax rate at 57 cents and transfer $6,602,000 from PWC, seconded by Mayor Pro-Tem Evans. Motion failed 4 to 5 with Councilmembers Torrey, Evans, Ross, and Thompson voting for and Councilmembers McBryde, Bolton, Pillow, Wofford and Kendrick voting against. Substitute motion was made by Councilmember Pillow to set tax rate at 51 cents and transfer a total of $8,000,000 from PWC, seconded by Councilmember Bolton. Motion failed 3 to be with Councilmembers Bolton, Kendrick add Pillow voting for and Evan, McBryde, Torrey, Ross, Thompson and Wofford voting no. Mayor Dawkins called for a vote on the main motion which was for a tax rate of 49 cents and it failed 2 to 7 with Councilmembers McBryde and Wofford voting for and Councilmembers Ross, Pillow, Thompson, Evans, Bolton, Kendrick and Torrey voting no. Councilmember Bolton offered motion to set tax rate at 50 cents, seconded by Councilmember McBryde, motion failed 3 to 6 with Councilmembers McBryde, Bolton and Wofford voting in favor and Councilmembers Ross, Pillow, Thompson, Evans, Kendrick and Torrey voting against. Councilmember McBryde offered motion to set a tax rate at 51 cents and transfer $8,000,000 from PWC, seconded by Councilmember Bolton and carried 5 to 4 with Councilmembers McBryde, Bolton, Kendrick, Pillow and Wofford voting in favor, and Councilmembers Ross, Thompson, Evans and Torrey voting against. Councilmember Bolton offered motion to adopt the Fiscal Year 1988-89 Budget, set the tax rate at 51 cents, transfer $8,000,000 from PWC, set the salary for the City Manager at $70,000, the City Attorney's salary at $61,000, the Mayor's salary at $13,600, Mayor Pro-Tem's salary at $7,300, and Councilmembers salary at $6,800, seconded by Councilmember McBryde and carried 5 to 4 with Councilmembers Wofford, McBryde, Pillow, Bolton and Kendrick voting for, and Councilmembers Ross, Torrey, Evans and Thompson voting against. Councilmember Ross requested the record show that she declined the increase in her salary. Mayor Dawkins informed all members that they could turn their raises back in if they desired. Appointments: A. Election to fill three vacancies on Airport Commission. A vote was taken and the following members were elected to serve a two-year term to June 1990: 8 votes for Ben Watson, 1430 Skycrest Drive, Fayetteville, NC 28304, telephone 484-5528; 6 votes for Albert E. Rummans, 2728 Bennington Road, 484-8072; 5 votes for Thomas L. Bradford, 319 Summertime Road, Fayetteville, NC 28303, 484-3841. Dr. Wesley Allen received 4 votes and Richard Fox received 3 votes. B. Election to fill one vacancy on Joint Planning Board. Elected by 6 votes to serve a four-year term to June 1992 was Billy Maxwell, Sr., 410 Mirror Lake Place, 485-2309. Glorious Fowler received 3 votes. C. Election to fill one vacancy on PWC Retirement Board. Steven K. Blanchard was re-elected by acclamation to a five-year term to June 1993 in the PWC employee category. D. Election to fill five vacancies on Fayetteville Revitalization Commission. Elected by acclamation by a motion from Mayor Pro-Tem Evans, seconded by Councilmember Bolton to serve a three-year term to June 1991 were the following: Owen Spears, 710 Marketview place, 323-8780; Robert Pringle, 1835 Cascade, 28301; Walter T. Vick, III, 3205 Cluny Drive, 28303, 424-2077; and R. Graham Creech, 174 Ellerslie Drive, 867-4210. These members replace outgoing members, Robin Legg, Carole Goforth, Theodore Rhodes, and Kyle Fraley. Suzan Cheek, 3305 Hutton Place was elected to complete the term of Leonard Hedgepeth to June 1989. E. Nominations to fill one vacancy on Fayetteville Redevelopment Commission. Elected by acclamation upon motion by Councilmember McBryde, seconded by Councilmember Bolton carried unanimously by voice vote, Helen Farrior, 1707 Eldridge Street, 28301, 488-2975 was elected to fill unexpired term of Kay Huggins to December 1990. F. Election to fill one vacancy on PWC Board. Mayor Dawkins stated that Robert G. Ray and Jim Warner withdrew their names as nominees and Councilmember Bolton nominated Lindo Tippett; Councilmember Ross nominated Glorious Fowler; and Councilmember Thompson nominated Burney Rivenbark. There was a majority of 6 votes to elect a member for the vacancy at this meeting. A majority of 6 votes elected Lindo Tippett, 1654 Banbury Drive, to serve a four-year term to June 1992. Administrative Reports: A. Statement of taxes collected for the month of May, 1988, from the County Tax Collector. The statement was presented by the City Manager. Mr. Smith stated that Cumberland County will not set the tax rate for the fire districts until they meet June 28th and we need to execute fire contracts based upon that tax rate. Councilmember Thompson offered motion, seconded by Councilmember Wofford to authorize the City Manager to execute fire contracts based upon the tax rate set by the County Commissioners for fire district, carried unanimously. Mr. Smith recommended that the Information Meeting be canceled due to some of the members being away and items can be held over. Councilmember Wofford offered motion to cancel the June 27th Information Meeting, seconded by Councilmember Bolton and carried unanimously. At this time, Councilmember Pillow offered motion, seconded by Councilmember Thompson to go into executive session for litigation at 10:02 p.m. Council reconvened into regular session at 10:12 p.m., and the City Attorney stated that the Bonnie Doone Volunteer Fire District, Inc., agreed by resolution on settlement of the lawsuit at their June 13th meeting, in the case of the Bonnie Doone Fire District, Inc., versus City of Fayetteville by having the original contract re-written in that the total amount they would receive from the period April 15, 1986, through June 30, 1989, would be $30,000, that would be payable by the sum of $19,999.98 upon execution of a new contract, a release, and then the City would pay them the balance during the remainder of the contract through July 15, 1988, in the sun of $769.23 per month. Mr. Cogswell stated that the release has one error that should be corrected to read that the $19,999.98 should be from the period April 15, 1986, through June 15, 1988. Mr. Cogswell recommended approval of the agreement which would resolve the lawsuit. Councilmember Kendrick offered motion to follow the recommendation, seconded by Councilmember Bolton and carried unanimously. There being no further business, the meeting was adjourned at 10:10 p.m. REGULAR MEETING TUESDAY, JULY 5, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS TUESDAY, JULY 5, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large), Milo McBryde (at-large), Tommy Bolton (District 1), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Absent: Councilmembers Horace K. Thompson, Jr. (at-large) and Ida Ross (District 2) (excused) Others Present: Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Administrative Assistant to the City Manager G. Allen Mitchell, Assistant City/County Planning Director Tim Wood, PWC Manager David Nash, Annexations Studies Coordinator Ronald E. Hansen, Police Chief Wilbur Johnson, Fire Chief Janice Gerald, Community Development Director Jerome Brown, Transit Director Members of the Press The meeting was called to order by Mayor Dawkins who welcomed everyone to the first regularly scheduled meeting of the new fiscal year. The Invocation was offered by Rev. John Godbolt, Christ Gospel Church with Mayor Dawkins leading the Pledge of Allegiance to the American Flag. Mayor Dawkins advised Councilmember Horace Thompson had asked to be excused from tonight's meeting and Councilmember Ross was not feeling well and would not be present. A motion was made by Councilmember Wofford and seconded by Councilmember McBryde to excuse Councilmembers Thompson and Ross. Motion carried unanimously by voice vote. Recognition: Youth Council Members were not present in the Council Chambers at this time. The NCAS Soccer Team Champions and their coaches, Steve Manis and David Shirley, were recognized for their victorious representation of the City of Fayetteville in the North Carolina state games. The group is comprised of a team for ages 10 and under and a team for ages 12 and under and was required to win the regional meet played here in Fayetteville before proceeding to the state games in Raleigh to win the “gold medal.” Mayor Dawkins presented each team member an Award of Honor from the City of Fayetteville commemorating their participation on the gold medalist soccer team. 1. Approval of Agenda: Roger Stancil, Assistant City Manager for Operations, requested Item 2.G. be pulled from the consent items as the Fayetteville Jaycees, Inc. have withdrawn their request. Mr. Stancil also requested an Item 10. be added as follows: Consideration of proposal by Tomlinson Insurors for insurance coverage for fiscal year 1988-89. The Item 10. listed on the Printed agenda changed to Item 11. and Item 11.A. on the printed agenda changed to Item 12.A. Mayor Pro-Tem Evans offered motion to approve the agenda with the deletion of Item 2.G. and the addition of Item 10 as requested, seconded by Councilmember Torrey and carried unanimously by voice vote. At this time Mayor Dawkins recognized the Youth Council Member present, Elainna Gaskins, and thanked Elainna for taking time from a busy summer schedule to attend this meeting. 2. Consent: Councilmember McBryde offered motion to approve the consent items, seconded by Councilmember Bolton and carried unanimously by voice vote. The consent items are as follows: A. Approval of minutes of regular meeting of June 6, 1988. B. Approval of the following requests for tax refunds: 1. Lee W. Brown in the amount of $68.46. 2. W.C. Brown in the amount of $513.94. 3. John A. Colvin in the amount of $15.90. 4. Comprehensive Home Health Care in the amount of $18.60. 5. Hamont Body Works, Inc., in the amount of $4.07. 6. Coan Bell Hanson in the amount of $166.22. 7. Sandra Rena McMillan in the amount of $46.83. 8. Robert P. Muncy in the amount of $19.44. 9. Tracy Paul Warrington in the amount of $64.68. C. Approval of Supplemental Agreement Number 14 between Wilbur Smith and Associates and the City of Fayetteville. D. Adoption of Capital Project ordinances 89-850 and 89-834. E. Adoption of Capital Project Ordinance Amendment Change 89-1. F. Adoption of Budget Ordinance Amendment Change 88-29. G. Authorize advertisement for sale of easements to the Fayetteville Jaycees, Inc. (pulled from agenda) 3. Public Hearings: A. Consideration of the rezoning from R10 Residential District to P1 Professional District or to a more restrictive zoning classification for am area located at the northeast corner of the intersection of Rosehill Road and Randinita Drive. (P88-48) Al Mitchell of the Planning Board reviewed the background information on this rezoning request. Mr. Mitchell advised the Planning Board and staff had recommended denial, and this public hearing was being held on a request for reconsideration. Mr. Mitchell advised there is a valid protest petition on file which forces a three-quarters vote of Council to APPROVE this rezoning request. Mayor Dawkins opened the public hearing. Attorney Herb Thorp, 119 N. Cool Spring Street, representing Linda Dowd and Dr. C. P. Dowd, spoke in favor. Mr. Thorp asked Council to consider continuing this item at a meeting when all Councilmembers were present. Appearing in opposition were the following: Betty Franken, 638 Randinita Drive; Bobby Deaver, 3508 Clearwater Drive; John Drake, 3474 Thorndike Drive; and Carmen Gonzales, 639 Randinita Drive. Their main concern was they feel this request would constitute “spot zoning” which would change the character of their neighborhood. There being none further to be recognized, Mayor Dawkins closed the public hearing. Mayor Pro-Tem Evans offered a motion to follow recommendation of the Planning Board and staff to deny this request and asked that Council vote on this matter at this meeting. Motion was seconded by Councilmember Kendrick. Mr. Cogswell was recognized and it was determined the proponents had ten minutes and the opponents had three minutes remaining for rebuttal if they wished. Mayor Dawkins opened the floor for any rebuttal. No one came forward. Councilmember Wofford offered a substitute motion to delay Council action until the next meeting, July 18, 1988, provided all members are present. Councilmember McBryde seconded the substitute motion-which carried by a vote of 5 to 2 with Mayor Pro-Tem Evans and Councilmember Kendrick voting against. 3.B. Consideration of annexation of Area II (East Fayetteville) and amendment of Annexation Report. Roger Stancil presented this item and advised that prior to the Public Hearing the Annexation Report for Area 11 should be amended as PWC has reviewed their estimates for extending water and sewer services to the area as follows: Please Note: To view the table of water and sewer estimates, please see Book W, page 611 of the City of Fayetteville Meeting Minutes. Mr. Stancil and Tim Wood, PWC Manager, answered Council's questions concerning the proposed amendment to the Annexation Report. A motion was offered by Councilmember Kendrick and seconded by Councilmember Bolton to approve the amended Annexation Report for Area 11 to reflect the new estimates. The motion carried 6 to 1 with Councilmember Torrey voting against. Mr. Stancil presented the following certification: At least four weeks prior to the date of this public hearing (June 7, 1988), notice of this public hearing was sent by first class mail to all property owners within the area proposed for annexation. The list of property owners was taken from county tax records. Twenty-six (26) letters were returned to the City as undeliverable by the tenth day before the hearing (June 25, 1988). The letter was sent to these 26 property owners at the best available address by certified mail, return receipt requested at least seven days before the hearing as required by General Statute 160A-49(b). Also pursuant to G.S. 160A-49(b), public notice was published in The Fayetteville Observer and The Fayetteville Times on June 21, 1988, and June 30, 1988. Mr. Stancil displayed a map of the proposed area to be annexed, reviewed the services the City would provide, and introduced some of the City's personnel who are responsible for providing these services. Mayor Dawkins opened this public hearing and reminded the audience that Council will not be voting on this matter tonight. There were none to appear in favor. The following citizens appeared in opposition: Mabel C. Smith, 1606 Deep Creek Road; James Rosser, 1512 Cedar Creek Rd.; Mrs. Norman Smith, 1531 Cedar Creek Rd.; Harold Holmes, City resident with property in Cedar Creek; J. Kermit Weeks, 107 Cochran Avenue with property in Cedar Creek; Donald Rosser, 1500 Cedar Creek Rd.; Lester McGuire, 520 Deep Creek Rd.; Jane Rosser Warfel, 1520 Cedar Creek Road, John McGuage, 1721 Clinton Rd.; Flossie Arnold, 2010 Sapona Rd.; and Douglas Crumpler, 1307 Cedar Creek Rd. In summary, the opponents feel the annexation lines are unfair, discriminatory and there will be few increased benefits compared to the increased property taxes. Mr. Stancil responded that the City's objective was not to split parcels of property but to take in developed areas that could use the urban services which the City can provide. Cumberland County had advised that if the parcels were split it would make their tax administration very difficult. Clinton Harris, Coordinator for Fayetteville-Cumberland County Citizens Association, Post Office Box 1792, stated that this Association is opposed to the annexation because the City's electoral system is not in accord with the 14th and 15th Amendments of the Constitution. There is a land lock district in voting and tentative approval from the Justice Department under Section V does not make the electoral system constitutional. As there were none further to be recognized, the public hearing was closed. Mayor Dawkins reminded the audience that Council will not vote at this time but will vote on this matter at the next regular meeting. Mr. Stancil and staff answered Councilmembers' questions and addressed concerns raised by the opponents. 4. Consideration of request for lease of Anderson Street Library building. Roger Stancil informed Council that Abiding Word Fellowship wishes to lease the old Anderson Street Library Building. The lease would not exceed 120 days and would require the Church to pay all costs of occupancy plus $500 per month lease payment. Councilmember McBryde offered a motion to authorize the City Manager to negotiate a month-to-month lease with Abiding Word Fellowship as recommended. Motion was seconded by Councilmember Bolton and carried unanimously. 5. Consideration of bid for surplus City-owned Lot 701-703 Hay Street. This item was presented by Bob Bennett, City Engineer. This lot was declared surplus and authorized for advertisement by the Council with a minimum price set, per the appraisal, at $65,000. The bid opening was for June 30, 1988 and no bids were received. Several inquiries were made about the property with comments that they felt $65,000 was too high a price. The Engineering Department recommended re-advertising the property for sale with a five (5%) percent reduced minimum bid which would be $61,700. There were questions from Councilmembers concerning the present zoning of the property and whether or not the City should sell below the appraised price. Councilmember Kendrick offered a motion to re-advertise the property for sale with five (5%) reduced minimum bid as recommended. The City Engineer, seconded by Councilmember Bolton. Mayor Pro-Tem Evans made a substitute motion that Council delay action on this matter until the zoning of the property has been determined. Motion was seconded by Councilmember Wofford. Councilmember Bolton pointed out that Mr. Cogswell had left the Chambers to determine the zoning information. While Council was waiting for Mr. Cogswell's return, Mayor Dawkins continued the meeting by going to Item 7 as Item 6 would take longer to complete. 7. Consideration of revisions to traffic ordinances to accommodate newly annexed areas. This item was presented by the City Engineer, Bob Bennett. Mr. Bennett advised they are proposing to ordinance the control (Stops or Yields) that were in place upon annexation by the City. In some instances there was mo control and they are suggesting either a Stop or Yield at these locations. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE NUMBER 14 - “YIELD RIGHT-OF-WAY” (June 30, 1988 Annexation Areas). ORDINANCE NO. NS1988-30 AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE TRAFFIC SCHEDULE NUMBER 6 - “STOP INTERSECTIONS” (June 30, 1988 Annexation Areas). ORDINANCE NO. NS1988-31 Councilmember Wofford introduced the foregoing Ordinances and moved their adoption, seconded by Councilmember Kendrick and carried by vote of 6 to 1 with Councilmember Torrey voting against. Copies of the foregoing Ordinances are on file in the City Clerk's office in Ordinance Book NS1988. 5. Consideration of bid for surplus City-owned Lot 701-703 Hay Street - CONTINUED. At this time, Mayor Dawkins directed Council back to Item 5 as Mr. Cogswell had returned and advised the zoning for this property is P2. Mayor Pro-Tem Evans withdrew her substitute motion. Councilmember Wofford suggested using a more attractive real estate sign to market the property and to place same where it will be visible to all traffic. Following more discussion, Councilmember Kendrick withdrew his main motion. Mayor Dawkins asked Mr. Bennett to re-market the property as suggested making sure the zoning information is on the “For Sale” sign and to report back to Council in 30 days. 6. Consideration of request for revision to traffic operations along Oakridge Avenue. City Engineer Bob Bennett presented this item stating a petition signed by property owners had been presented requesting two immediate actions and submitting three traffic proposals for improving traffic operations along Oakridge Avenue. The requests were to prohibit Oakridge Avenue being used as a thoroughfare for trucks and to eliminate the bus route along this area. The traffic proposals were as follows: making Oakridge Avenue a one-way street from Hay Street to Woodland Avenue; using multi-stops at Clarendon Street, General Lee Avenue, and W. Rowan Street; and closing W. Rowan Street at Oakridge Avenue. Mr. Bennett advised the Planning Board Staff is continuing their study of the area and are planning to meet with City staff in the next two weeks. The Engineering Department recommended stepped-up law enforcement to reduce the violating trucks and reduction of vehicle speed, re-routing the City buses as soon as an alternate route is worked out, and development of a long range plan to improve Oakridge Avenue between Hay Street and W. Rowan Street. Mayor Dawkins informed Council there were citizens from this area in the audience. It was agreed that these citizens could come forward and address Council at this time. Nancy Nollings, 206 Oakridge Avenue, expressed her concerns about the safety of the people living in the neighborhood. Jack Daniel, 209 Oakridge Avenue, stated this situation warrants immediate action and mentioned the need for the bus route to be re-directed. Mr. Jerome Brown, Transit Director responded that his department had been looking into this situation prior to the petition and changes would be made. Councilmember Wofford suggested making W. Rowan Street one-way going East. Councilmember Kendrick suggested placing signs in the area identifying that this is not a truck route. With the consensus of Council, Mayor Dawkins requested Mr. Bennett continue to update Council on this matter and asked Chief Hansen to increase enforcement in the area. 8. Consideration of approval of sale of Parcel A-2 Southeast Fayetteville NCA-7 (Community Development). Janice Gerald, Community Development Director, presented this item. Ms. Gerald advised Council had authorized the advertisement of this property on June 6 for the amount of $45,300. On June 20, Council re-authorized the advertisement of this property for sale at $45,000. Ma. Gerald asked Council to approve the sale of this property for $45,000. Councilmember Wofford offered motion to approve the sale of Parcel A-2, Southeast Fayetteville NCA-7 for the amount of $45,000, seconded by Councilmember Kendrick and carried unanimously. 9. Consideration of adoption of Capital Project Ordinance to account for Federal Drug Forfeitures funds. Roger Stancil presented this item. From time to time, the Cumberland County Bureau of Narcotics receives funds through the Federal Drug Forfeitures as a result of money or property confiscated during drug operations. These funds are to be divided equally between the City and County law enforcement agencies and must be used over and above the regular law enforcement budgets. The City is currently entitled to approximately $18,200 in these funds. It is recommended that Council adopt the Capital Project Ordinance in order to properly account for and monitor the use of these funds. Councilmember Wofford stated he does not feel it is a good policy for City departments to have discretionary funds. Staff should come to Council with specific uses of these funds. Mr. Stancil responded that these funds would be spent upon recommendation of the Chief of Police and approval of the City Manager on law enforcement activities over and above the approved budget. Following further discussion, Mayor Dawkins called for the vote. Motion carried 6 to 1 with Councilmember Wofford voting against. 10. Consideration of proposal by Tomlinson Insurors for insurance coverage for fiscal year 1988-89. This item was presented by Roger Stancil. Proposals were requested for insurance coverage for the City of Fayetteville for fiscal year 1988-89. In consultation with the Risk Management Advisory Committee, it is recommended that the proposal by Tomlinson Insurors be accepted by the City of Fayetteville. Councilmember Bolton offered a motion to accept the proposal by Tomlinson Insurors for insurance coverage for fiscal year 1988-89. Motion was seconded by Mayor Pro-Tem Evans. In answer to Councilmember Pillow's question, Mr. Stancil advised six (6) requests for proposals had been issued and only two (2) were received. Everyone had the same amount of time to respond to the City's request for proposals. Doug Nunnally of Tomlinson Insurors advised “time” was the most critical factor they were given approximately ten (10) days to respond. Mr. Stancil stated this proposal is for a year, and staff intends in the next year to review our whole status of insurance and be able to give more people more time to make proposals for the next year's insurance coverage. Mayor Dawkins called for the vote. Motion carried unanimously (7). City Attorney, Bob Cogswell, publicly thanked Robert Exum, Jr. Thomas J. Hall, and Russell C. Crowell for serving on the Risk Management Advisory Committee. They gave their time without fee to advise the City in this matter---a service above and beyond the call of duty. 11. Appointments: A. Nominations to fill one vacancy on the Fayetteville Board of Adjustments. There was discussion concerning the racial/gender make-up of the board and questions concerning the attendance of the board members. Mayor Dawkins asked staff to provide the attendance information for Council's review. Councilmember Pillow nominated Glorius Fowler to fill vacancy of Dr. Stacey Hair, Alternate. 12. Administrative Reports: A. Report on completion of Fire Station No. 7. Roger Stancil advised the Fire Station is complete. This is probably the first fire station that the Fire Department played an active role in the design of same and it shows in the quality of the building. This was a great cooperative effort between the Engineering Department and the Fire Department. open House is planned for August 14. Mr. Stancil informed that the approved budget had been given to Councilmembers tonight. Mr. Stancil also referred to the nice letter praising one of the City's bus drivers that was included in the agenda packet. In determining if and when Council should have a special meeting regarding annexation of Area 11, it was agreed that the main concern was the three or four pieces of property that had not been included. Mr. Stancil advised they can delete property from the proposed annexation but cannot add property. Mr. Stancil further advised that the City can propose the annexation of those areas as they develop or as they are now with the process taking approximately 90 to 120 days. Staff will check into this matter and will contact Mayor Dawkins if there is a need for a special meeting. There being no further business, the meeting was adjourned at 10:45 p.m. REGULAR MEETING MONDAY, JULY 18, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JULY 18, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at large), Milo McBryde (at large), Horace K. Thompson, Jr. (at large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6). Others Present: John P. Smith, City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Robert M. Bennett, City Engineer G. Allan Mitchell, Assistant City/County Planning Director Lisa Novick, Historic Resources Planner Robert Barefoot, Interim Parks and Recreation Director Sandy Saunders, Parks and Recreation Advisory Commission Chairman Tim Wood, PWC Manager Members of the Press The invocation was offered by Reverend Ivan Sears, St. Joseph Episcopal Church, Ramsey Street, followed with the Pledge of Allegiance to the American Flag led by Mayor Dawkins. The Mayor wanted all to know that St. Joseph's Church feeds the homeless seven mornings per week. RECOGNITION: FCCYC-Kiwanis Youth of the Month - Elainna Gaskins. Youth Council Member: Richard Newton 1. Approval of Agenda Councilmember Bolton offered motion, seconded by Councilmember Wofford to approve the agenda, carried unanimously by voice vote. 2. Consent: Requests to pull items were made by Councilmember McBryde - Item C., Mayor Pro-Tem Evans - Item I., and Councilmember Torrey - Item K. Councilmember Wofford offered motion to approve the consent items with the exception of 2 C., I., and K., adopt ordinances, resolutions, and award bids, seconded by Councilmember Bolton and carried unanimously by voice vote. The consent items are as follows: A. Approval of minutes of special meeting of June 13, 1988. B. Adoption of the following financial matters: 1. Budget Ordinance Amendment 89-1. 2. Capital Project Ordinance Amendments 89-2, 89-3, and 89-4. 3. Capital Project Ordinances 89-843 and 89-801. C. Adoption of resolution acquiring a traffic signal pole and guy wire easement at the southwest corner of Fort Bragg/Hull Road intersection. (PULLED FOR DISCUSSION) D. Adoption of revised resolution transferring the maintenance of various streets from NC Department of Transportation to the City in the June 30, 1988, annexation areas. This is approval of revised list of streets. A copy is attached to and made a part of these minutes. E. Set public hearing for August 1, 1988, to consider the initial zoning of Tracts I, IV and XI to M2 Industrial District; the initial zoning of Tracts VI and XII to M1 Industrial District; the initial zoning of Tracts VII and XIV to C1P Shopping Center District; the initial zoning of Tract III to PND Planning Neighborhood District; the initial zoning of Tracts II, IX and XVI to R6 Residential District; the initial zoning of Tracts VIII and X to C3 Heavy Commercial District; the initial zoning of Tracts XIII and XV to R10 Residential District and the initial zoning of Tract V to C1 Local Business District or to more restrictive zoning classifications for an area located on the west side of Murchison Road (NC HWY. 87 & 210). east of Roses Lake and on both sides of Shaw Mill Road and Country Club Drive (U.S. 401 Bypass). Being all of Annexation No. 88-5-306, Area #3, known as “University Estates.” (P88-110) F. Approval of the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification than presently zoned for an area located at the northeast corner of Murchison Road and Cumberland Street. G. Approval of the initial zoning of Tract I and Tract VI to R5A Residential District; the initial zoning of Tract II to R10 Residential District; the initial zoning of Tract III to C1 Local Business District; the initial zoning of Tract IV to R15 Residential District; the initial zoning of Tract V to C1P Shopping Center District and the initial zoning of Tract VII to PND Planned Neighborhood District or to more restrictive zoning classifications for an area located on the east side of U.S. 401 North (Ramsey Street), north of Methodist College and south of S.R. 1713 (Carver Falls Road). Being all of Annexation No. 88-5-304, Area #1, known as “Kinwood-Heather Ridge.” (P88-108) H. Approval of the initial zoning of Tract I to P2 Professional District; the initial zoning of Tract II to R10 Residential District; the initial zoning of Tract III to R6 Residential District and the initial zoning of Tract IV to C1P Shopping Center District or to more restrictive zoning classifications for an area located on the west side of U.S. 401 North (Ramsey Street), south of Coronation Drive and north of Fernwood Drive. Being all of Annexation No. 88-5-305, Area #2, known as “Raleigh Road (Ramsey Street) Island.” (P88-109) I. Approval of the initial zoning of Tract I to RIO Residential District; the initial zoning of Tract II and Tract IV to R6 Residential District and the initial zoning of Tract III to M2 Industrial District or to more restrictive zoning classifications for an area located on the south side of Johnson Street (S.R. 1429), west of Kornbow Lake and east of Bragg Boulevard, (NC HWY. 24). Being all of Annexation No. 88-5-307, Area #4, known as “Kornbow.” (P88-111) (PULLED FOR DISCUSSION) J. Approval of the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at the north end of Kathy Street, east of Karen Lake Drive and north of U.S. 401 Bypass (Pamalee Drive). Being all of Annexation No. 88-5-308, Area #5, known as “Karen Lake Drive Island.” (P88-112) K. Approval of bid award for Transmission and Distribution Line Relocation along Morganton Road to Stackhouse, Inc., low bidder. (PWC) (PULLED FOR DISCUSSION) L. Approval of bid award for clearing and grading of Ireland Drive Substation site to McDonald Grading Company, the only bidder in the amount of $27,400.00. (PWC) M. Approval of bid award for fencing for the Ireland Drive Substation to Cedar Creek Enterprises, the only valid bidder in the amount of $13,764.26. (PWC) N. Approval of bid award for construction of the College Lakes-Ascot Sanitary Sewer Main to Ray Johnson Construction Company, low bidder in the amount of $455,045.19. (PWC) The items pulled for discussion are as follows: 2C. Adoption of resolution acquiring a traffic signal pole and guy wire easement at the southwest corner of Fort Bragg/Hull Road intersection. Councilmember McBryde stated he had observed the light that had been installed and feels a flashing light would be sufficient. Following some discussion, Councilmember Wofford offered motion to adopt the resolution, seconded by Mayor Pro-Tem Evans and carried unanimously. The resolution title is as follows: A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1988-78. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. 2I. Approval of the initial zoning of Tract I to R10 Residential District; the initial zoning of Tract II and Tract IV to R6 Residential District and the initial zoning of Tract III to M2 Industrial District or to more restrictive zoning classifications for an area located on the south side of Johnson Street (S.R. 1429), west of Kornbow Lake and east of Bragg Boulevard, (NC HWY. 24). Being all of Annexation No. 88-5-307, Area #4, known as “Kornbow.” (P88-111) Mayor Pro-Tem Evans stated that the display map showing Tract II initial zoning to M2 does not fit in. Mr. Mitchell explained that the entrance to that property is still in the County and they are to attempt to initially zone as near the existing zoning as possible. Councilmember Thompson offered motion, seconded by Councilmember McBryde to approve the initial zoning as recommended, carried unanimously. 2K. Approval of bid award for Transmission and Distribution Line Relocation along Morganton Road to Stackhouse, Inc. 1 low bidder. (PWC) Bids were received July 7, 1988, as follows: Stackhouse, Inc. $499,186.87 Sumter Builders, Inc. $538,978.81 River City Construction Company $847,810.22 NOTE: PWC will be reimbursed by NCDOT. Councilmember Torrey asked if the lines will go underground and Mr. Wood responded they would not. Councilmember Torrey offered motion, seconded by Councilmember Ross to award to the low bidder, Stackhouse, Inc., in the amount of $499,186.87, carried unanimously. 3. Public Hearings: A. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, “Zoning,” by creating an HD Historic District and attendant regulations to promote the preservation and restoration of structures that are historic to Fayetteville. (P87-103) This item was presented by Al Mitchell and Lisa Novick. They presented slides of structures that are historic to Fayetteville with the report. Mr. Mitchell recommended adoption of the report, sending the report by the Mayor to the State Preservationist Officer, and adoption of the ordinance. He stated there is a correction to be made to the ordinance on page 56 of the report (page 6 of the Ordinance), Section 32-86 (1), first line, the word “reviewed” should be “received.” Following a question and answer session by Council and Planning staff, the public hearing was opened. Appearing in favor was Ron Wilson, 1712 Raeford Road, Chairman of the Historic Resources Commission, and Rosalie Kelly, 127 Dobbin Avenue. Ed Harris, 6853 Tolbridge Road, Person Street property owner, appeared concerned with marketability in the future for the properties due to the restrictions. He stated that he was also speaking for Mr. Chestnut, a property owner and they were requesting to be deleted from the Historic District since they were on the border. There being none further to be heard, the public hearing was closed. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, “ZONING” BY CREATING A HD HISTORIC DISTRICT AND ATTENDANCE REGULATIONS. ORDINANCE NO. S1988-13. Councilmember McBryde introduced the foregoing ordinance and moved its adoption with the correction, adoption of the report deleting the property of Harris, Sweeney, Mitchell on the south side of person Street, and the property of Johnson and Chestnut on the north side, and to submit the report to the State Historic Office. Mr. Mitchell suggested that the non-contributing property east of Cool Spring Street be included in the deletion in order to straighten the line and Councilmember McBryde amended his motion to exclude this property as recommended, seconded by Councilmember Thompson and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1988, and a copy of the report is on file in the Clerk's office. 4. PWC Matters: A. Consideration of Antenna Site Lease with Cape Fear Broadcasting Company. This item was presented by Tim Wood stating that this would save money in the long run and would be approximately $10,000 rent for the first year. Mr. Wood stated that PWC recommends approval. Mayor Pro-Tem Evans offered motion to follow the recommendation and approve the lease, seconded by Councilmember Ross, carried unanimously. B. Consideration of bid award for purchase of 100,000 pounds bare aluminum conductor to Eastern Electric Supply Company. Bids were received June 23, 1988, as follows: Rigby Electric Supply Company $175,950.00 Eastern Electric Supply Company $176,750.00 Mill-Power Supply Company $177,000.00 Power & Telephone Supply Company $178,000.00 Westinghouse Electric Supply Company $179,470.00 Cameron & Barkley $183,000.00 NOTE: The low bidder, Rigby Electric Supply Company, bid a delivery date of 16-18 weeks after factory receives order. The recommended bidder, Eastern Electric Supply Company, bid a delivery date of late September. Councilmember Bolton offered motion to follow the recommendation and award to the lowest bidder meeting specifications, Eastern Electric Supply Company in the amount of $176,750.00, seconded by Councilmember Ross and carried unanimously. C. Presentation by Commission Chairman Thomas M. McCoy requesting referendum on $40,000,000 General Obligation Bonds for upgrade and expansion of Cross Creek Wastewater Treatment Plant in order to comply with consent judgment between City of Fayetteville and NC Environmental Management Commission dated January 4, 1988. PWC recommends bond referendum to be held concurrent with November general elections. Following Mr. McCoy's thorough presentation and recommendation to approve the bond referendum to be held concurrent with the November general elections, Councilmember McBryde offered motion to follow the recommendation, seconded by Bolton and carried unanimously. 5. Consideration of the rezoning from R10 Residential District to P1 Professional District or to a more restrictive zoning classification for an area located at the northeast corner of the intersection of Rosehill Road and Randinita Drive. Al Mitchell presented this item and stated that the Planning Board and Staff recommended denial. Mayor Pro-Tem Evans offered motion to follow the recommendation and deny this request to rezone, seconded by Councilmember Wofford, carried 5 to 4 to deny with Councilmembers Evans, Kendrick, Torrey, Pillow, and Wofford voting for, and Councilmembers McBryde, Bolton, Thompson, and Ross voting against. 6. Consideration of acceptance of Bicentennial Commission reports entitled, “The State House and the Market House in the History of Fayetteville, North Carolina, 1788-1881: A Chronological Survey” and “A Proud Heritage for Fayetteville: The Constitutional Ratifying Convention and General Assembly Sessions of 1789” as prepared by Dr. John Cavanaugh. This item was presented by Co-Chairman of the Bicentennial Commission, Rosalie Kelly and Bill Hurley, recommending approval and requesting the transfer of the copywright be made to the State Archives and History so they can publish the reports. Councilmember Ross offered motion to follow the recommendation and approve the reports and transfer the copywright for the Market House report and the State House report, seconded by Councilmember Bolton and carried unanimously. 7. Consideration of request for reconsideration of the rezoning from P2 Professional District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the southwest corner of the intersection of Pamalee Drive (U.S. 401 Bypass) and Cain Road. (P88-36) Councilmember Ross offered motion to initiate C1P zoning to the property and refer to the Planning Board for update study of the area, seconded by Councilmember Thompson and carried 5 to 4 with Councilmembers McBryde, Bolton, Thompson, Wofford, and Ross voting for, and Councilmembers Evans, Pillow, Kendrick, and Torrey voting against. 8. Consideration of annexation of Area 11. The City Manager presented this item and stated that the tracts in question are located along Cedar Creek Road. These tracts were excluded only because they were part of larger vacant tracts which, if included in their entirety, would have brought the population density down to an unacceptable level. He is recommending adoption of the annexation ordinance for Area II and then initiate a separate annexation of developed areas adjacent to Area 11 after August 31. He further stated they have also removed the large undeveloped tracts on the east side of 1-95 from the final ordinance. Mr. Donald Rosser, 1500 Cedar Creek Road, requested to be heard, there were six votes of Council to hear Mr. Rosser. His concerns were with the portion being deleted and questioned why. It was determined that Mr. Rosser had misunderstood which portion was being deleted from the annexation. Councilmember Thompson offered motion to adopt the annexation ordinance for Area 11 as presented with the exceptions as outlined, seconded by Councilmember Wofford, carried 7 to 2 with Councilmembers Torrey and Ross voting no. The ordinance title is as follows: AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 60A OF THE GENERAL STATUTES OF NORTH CAROLINA. ANNEXATION ORDINANCE NO. 88-7-314. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book. 9. Consideration of Capital Improvement Budget for Parks and Recreation. This item was presented by Parks and Recreation Advisory Commission Chairman Sandy Saunders, and following some discussion Councilmember Ross offered motion to approve the Capital Improvement Budget for Parks and Recreation as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously. 10. Consideration of award of street improvement contract for Cool Spring and various streets. The City Engineer presented this item and stated that the contract is based on estimated quantities with fixed unit prices: therefore, the final cost may vary slightly from the low bid. The bids were opened on July 12, 1988, and the totals are as follows: McDonald Grading Company $758,694.30 Autry Grading Company $778,744.25 Barnhill Contracting Company $834,705.05 Crowell Constructors, Inc. $847,198.50 Councilmember Ross offered motion to follow recommendation and award to the low bidder, McDonald Grading Company, in the amount of $758,694.30, seconded by Mayor Pro-Tem Evans and carried unanimously. At this time Mr. Smith brought to Council's attention that an additional item had been submitted earlier to be added to the agenda, that of an appointment for the Fayetteville Board of Adjustment. This will be Item 11, and Administrative Reports will be Item 12. 11. Appointments to fill one vacancy on the Board of Adjustments. Glorious U. Fowler had been nominated by Councilmember Pillow at the last meeting. Councilmember Ross offered motion, seconded by Councilmember Torrey to elect Glorious Fowler by acclamation, carried unanimously, for a three-year term as Alternate member to July 1991. 12. Administrative Reports: A. Statement of taxes collected for the month of June, 1988, from the County Tax Collector. The statement of taxes for the month of June was submitted by the City Manager. Mayor Pro-Tem Evans made a motion to have three regular meetings and one information per month, seconded by Councilmember Wofford. Mayor Dawkins stated that he cannot accept the motion due to this item not being on the agenda. Mayor Pro-Tem Evans requested this be placed on the next agenda. Mayor Dawkins reminded everyone of the reception on Friday from 3 p.m. to 5 p.m. at PWC, honoring Jim Warner, outgoing PWC Chairman. The Mayor also reminded everyone of the information meeting on Monday, July 25, 1988. The City Attorney will be on vacation for this meeting. Councilmember Wofford questioned the progress of the computer signalization program and what has happened on the UDAG Grant for the Prince Charles Hotel Project. Mr. Smith responded that at the last contact with BUD they had not completed their review. There being no further business, the meeting was adjourned at 9:20 p.m. INFORMATION MEETING MONDAY, JULY 25, 1988 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, JULY 25, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Mayor Pro-Tem Mildred Evans, Councilmembers Milo McBryde, Horace K. Thompson, Jr., Tommy Bolton, Ida Ross, Joseph Pillow, Thelbert Torrey, Milt Wofford, 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 City Manager John Smith offered the invocation, followed by the Pledge of Allegiance to the American Flag. Mayor Dawkins first recognized chief of Police Ronald Hansen for reports on various aspects of the Police Department's operations. Chief Hansen recognized Lieutenant Sam Pearson, who presented a status report on the Police Department's efforts to achieve accreditation. The department's goal is to be the third department in North Carolina to achieve accreditation in the Spring of 1989. Chief Hansen then recognized Captain Robert Shambley who presented information on progress under the Traffic Safety grant from the Governor's Highway Safety program. This report indicated an increase in the number of DWI arrests with a decrease in property damage and injuries during the period of the grant. Chief Hansen then recognized Captain Robert Pait who presented a report on crime statistics for the City of Fayetteville. This report indicated a decrease in crime in the City for the first six months of 1988. City Manager John Smith presented the next item on the agenda which was the proposed agreement with Bonnie Doone Volunteer Fire Department regarding future annexations. James Berry of the Fayetteville Fire Department summarized the proposed contents of the agreement which would gradually transfer assets and personnel from the Bonnie Doone Volunteer Fire Department to the City of Fayetteville as the City of Fayetteville annexes portions of the Bonnie Doone fire district. An agreement will be presented at a later date formalizing these arrangements. The next item on the agenda was a presentation of concerns by Donald Fuller representing residents of the Wilmington Road area. He requested land use protection of the area. The Mayor recognized Al Mitchell of the Planning Staff who suggested briefing the Council on the Eastern Boulevard Corridor Plan with input from citizens and the City Council at the August 22 Information Meeting. City Manager Smith then presented the 1988-1992 Affirmative Action Plan and discussed the City's progress in achieving its goals. Councilmember McBryde asked if this report included the Public works Commission. When told that it did not, he requested that the Public Works Commission forward its plan to Council for review. The next item for discussion was residential zoning of newly annexed Councilmember Thompson as a result of the recent annexation of Cedar Creek property in the County Rural Residential Zone. This item was requested City Manager Smith suggested that the Council ask Al Mitchell and the Planning Staff to review this issue and report back to the Council at their August 22 Information Meeting. City Engineer Bob Bennett then presented an update on the computerized traffic signal project, projecting completion in mid-1989. The next item of discussion was the Council's schedule of regular meetings at the request of Mayor Pro-Tem Evans. Following some discussion, Councilmembers suggested that the Mayor enforce the rules of order previously adopted by Council and consider a review of Robert's Rules of Order by the City Attorney. Upon motion by Councilmember Thompson, seconded by Mayor Pro-Tem Evans, Council voted unanimously to adjourn at 10:10 p.m. REGULAR MEETING MONDAY, AUGUST 1, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, AUGUST 1, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District l), Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Staff Robert M. Bennett, City Engineer Evelyn Dorsey, Planning supervisor, Operations Members of the Press Mayor Dawkins called the meeting to order and welcomed everyone to the first meeting in August. Reverend John Earp, Saint James Lutheran Church, off.red the invocation followed by the Mayor leading the Pledge of Allegiance to the American Flag. RECOGNITION: Takeshia Quick, Hershey Track and Field Meet Participant - Mayor Dawkins stated that we are all very, very proud of Takeshia for her outstanding abilities and congratulated her on qualifying for the upcoming Hershey Track and Field Meet during August 11 through 14. FCCYC Members: Elainna Gaskins was recognized as being present in the audience. Recognition of Paul McGwier and Doyle Hubbard for service on Fayetteville Board of Appeals - Mayor Dawkins presented Certificates of Appreciation for the many years Mr. McGwier and Mr. Hubbard have served the City on the Board. Recognition of Dickie Vinent, Plant Supervisor, OPWC's Rockfish Creek Wastewater Treatment Plan - This plant has been selected by US Environmental Protection Agency as the recipient of the 1988 Region IV Award for Outstanding Operations and Maintenance. 1. Approval of Agenda Mr. Smith requested to add Item 6.D. which is a Court of Appeals Ruling on the spell lawsuit. Councilmember Kendrick offered motion to approve the agenda and add item 6.D., seconded by Councilmember Pillow and carried unanimously by voice vote. 2. Consent: Councilmember Thompson requested to pull Item 2.A. for a correction and Councilmember Wofford requested to pull Item G. Councilmember McBryde offered motion to approve the consent items awarding bids, adopting the resolution, and deleting A. and G., seconded by Councilmember Pillow and carried unanimously. The consent items are as follows: A. Approval of minutes of regular meeting of Jun. 20, 1988. (Pulled for correction.) B. Approval of minutes of regular meeting of July 5, 1988. C. Approval of minutes of regular meeting of July 18, 1988. D. Approval of minutes of information meeting of July 25, 1988. E. Set public hearing for September 6, 1988, to consider an application by Drs. Jay and Cathy Kosterman for a special use permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-24, Item (4) to operate a medical clinic in an R6 Residential District for an area located at 116 Country Club Drive. (P88-103) F. Set public hearing for September 6, 1988, to consider closing a portion of LaFayette Street between Spring (now McKethan) Street and the western line of Plat Book 7, Page 62. Cumberland County Registry. A PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF LAFAYETTE STREET. RESOLUTION NO. R1988-79 A copy of the foregoing Resolution is on file in the Clerk's office in Resolutions Book R1988. G. Award of contract for purchase of rollout carts to Kabco, Inc.. lowest responsible bidder. (Pulled for discussion.) H. Award of contract for purchase of four (4) 2400 KVAR Capacitor Banks to Westinghouse Electric Supply Company, low bidder in the amount of $24,136. (PWC) Bids were received as follows: Westinghouse Electric Supply Co. $24,136 Mill-Power Supply Co. $24,820 Eastern Electric Supply Co. $25,332 Rigby Electric Supply Co. $25,840 Owens Electric Supply Co. $31,440 2A. Approval of minutes of regular meeting of Jun. 20, 1988. Councilmember Thompson requested a correction to page 605, fifth paragraph from the bottom, third line, change motion failed 3 to “7” to “6” and add to those voting against, after Ross, “Wofford and Thompson.” Councilmember Thompson offered motion approve the minutes with the corrections, seconded by Councilmember Wofford and carried unanimously. 2G. Award of contract for purchase of rollout carts to Kabco, Inc., lowest responsible bidder. The bids received were Kabco, Inc. - $90,920.00, and Toter, Inc. - $99,900.00. Councilmember Wofford requested that the low bidder of Kabco, Inc., show that it is a zarn cart and to award the bid in the amount of $90,920.00, seconded by Councilmember Thompson and carried unanimously. 3. Public Hearings: A. Consideration of the initial zoning of Tracts I, IV and XI to M2 Industrial -District; the initial zoning of Tracts VI and XII to M1 Industrial District; the initial zoning of Tracts VII and XIV to C1P Shopping Center District; the initial zoning of Tract III to PND Planned Neighborhood District; the initial zoning of Tracts II, IX and XVI to R6 Residential District; the initial zoning of Tracts VIII and X to C3 Heavy Commercial District; the initial zoning of Tracts XIII and XV to R10 Residential District and the initial zoning of Tract V to C1 Local Business District or to more restrictive zoning classifications for an area located on the west side of Murchison Road (NC HWY 87 & 210), east of Roses Lake and on both sides of Shaw Mill Road and Country Club Drive (US 401 Bypass). Being all of Annexation No. 88-5-306, Area #3, known as “University Estates.” (P88-110) This item was presented by Evelyn Dorsey stating that the Planning Board and the Planning staff recommended the initial zoning as shown above. However, the property owners have initiated a rezoning request. This is a public hearing because there was an appeal of the Planning Board's initial zoning recommendation. It was noted that this has never happened before to anyone's knowledge. Mayor Dawkins opened the public hearing and there was none appearing for or against this item. Mayor Pro-Tem Evans offered motion to initially zone as recommended, seconded by Councilmember Kendrick and carried unanimously. 4. Consideration of award of contract for purchase of runway sweeper for the Airport to Asphalt Industries, Inc., lowest responsible bidder. Mr. Smith stated that a like-new used sweeper had been located and requested that this be purchased from unused funds from last year's budget that has been encumbered. Councilmember Kendrick offered motion to follow the recommendation and award the low bidder in the amount of $26,000.00, second.d by Councilmember Thompson and carried unanimously. 5. Report on Farmers' Market project. Mr. Stancil stated that the Olde Fayetteville Association, the Arts Council, the Agricultural Extension Agency and the City staff have been working together on development of the Farmers' Market as a center not only for produce but also arts and crafts. They are recommending that Council endorse this concept and authorize the City Manager to negotiate a contract with Walter Vick for design services. Also to authorize staff to pursue the possible purchase of a tent 40 feet by 60 feet to be used until construction can be done. The tent can then be used at other locations in the City for functions. Councilmember Wofford offered motion to follow the recommendation to authorize the City Manager to negotiate a contract with Walter Vick for the design services and to pursue the best way to purchase a tent not to exceed $9,000.00. There was lengthy discussion. Mayor Pro-Tem Evans and Councilmember McBryde both stated they could not follow this recommendation unless they knew we had the money. Mayor Dawkins called for the vote and it carried 7 to 2 with Councilmember McBryde and Mayor Pro-Tem Evans voting against. 6. Administrative Reports: A. Report on Sanitation Holidays Councilmember Wofford offered motion, seconded by Councilmember Kendrick, to accept the holiday schedule for the Sanitation workers, carried unanimously. B. Report on disposal of surplus property Mr. Smith presented the report according to the policy. C. Report on installation of pedestrian and/or traffic signal at the intersection of Green Street and Mason street. A letter was received from NCDOT stating that neither the volume of vehicles or pedestrians at this intersection meets the required conditions for installation of any type of signal. D. Court order on Spell lawsuit. Mr. Smith stated that a court order came down awarding attorney fees including court cost of $80,295.69 and recommend Council authorize staff to comply with the order as soon as it determined that there will be no appeals. Councilmember McBryde offered motion to follow the recommendation, seconded by Councilmember Evans and carried unanimously. At this time, Councilmember Thompson asked if a report of the proposed management of the Municipal Market would be given. Mr. Smith responded that it would all be in the report that will be submitted. Councilmember McBryde and the Mayor acknowledged the possibility of a Holiday Inn in the downtown area in the near future. Mayor Dawkins also acknowledged the death of a well-known merchant, Mr. Bill Bailey. There being no further business, the meeting was adjourned at 8:06 p.m. REGULAR MEETING MONDAY, AUGUST 15, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL, COUNCIL CHAMBER MONDAY, AUGUST 15, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Ida Ross (District 2), Thelbert Torrey (District 4), Milt wofford (District 5), and Mark Kendrick (District 6) Absent: Councilmember Tommy Bolton (District 1) Excused late arrival 8:15 p.m. Councilmember Joseph Pillow (District 3) Excused Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Robert M. Bennett, City Engineer Tim Wood, PWC Manager Gordon Allen Mitchell, Assistant City/County Planning Director Walter Haire, Jr., Chief Housing Inspector Dr. Ernest McNeill Reverend Glenn Bolt, First Baptist Church Mayor Dawkins called on the City Attorney to offer the invocation followed by the Mayor leading the Pledge of Allegiance to the American Flag. RECOGNITION: FCCYC Representative: Caleadia Jessup Mayor Dawkins announced that Takeshia Quick was a Gold Medal winner at the 11th Annual Hershey's National Track and Field Meet in Hershey, Pennsylvania, for the girls 13 to 14-year-old standing long jump with a meet record of 8 feet 10 3/4 inches. This is the third year there has been a winner from Fayetteville. ESP presentation to George Crumbley - Mr. Crumbley has served on this Committee from 1984 to 1988. 1. Approval of Agenda Mr. Smith requested to add 3.8. under PWC to set public hearing on the bond issue. Councilmember Kendrick offered motion to approve the agenda and include Item 3.B., seconded by Councilmember Torrey and carried unanimously 7 to 0. 2. Consent: Mayor Pro-Tem Evans offered motion to approve the consent items and award bids and adopt ordinances, seconded by Councilmember Kendrick and carried unanimously 7 to 0. The consent items are as follows: A. Approval of minutes of regular meeting of August 1, 1988. B. Approval of request for tax refund in the amount of $14.58 to Larry LaBorde. Military exemption was left off for personal property. C. Award of contract for construction of 16-inch watermain along Reilly Road to Autry Grading, Inc., low bidder in the amount of $548,384.36. Bids were received August 9, 1988, as follows: Autry Grading, Inc. $548,384.36 C.K. Andrews $579,867.50 Propst Construction Co. Inc. $620,135.00 T.A. Loving Company $620,203.63 Bryant Electric Co., Inc. $622,605.00 W.M. Parris & Associates, Inc. $628,805.50 Yates Construction Co.' Inc. $669,748.00 Roanoke Construction Co., Inc. $687,934.00 Central Builders, Inc. $720,741.00 K.R. Construction Co., Inc. $748,272.25 D. Set public hearing for September 19, 1988, to consider the rezoning from P1 Professional District to P2 Professional District or to a more restrictive zoning classification than presently zoned for an area located at 520 and 522 Beaumont Road. (P88-122) E. Approval of the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the southwest corner of the intersection of Skibo Road (U.S. 401 Bypass) and Yadkin Road (S.R. 1415). Being all of Annexation No. 88-5-301, Area #7, known as “Yadkin Road.” (P88-114) F. Approval of the initial zoning of Tract I and Tract XIII to C3 Heavy Commercial District; the initial zoning of Tract II and Tract VIII to R5A ResidentiaL District; the initial zoning of Tract III to R10 Residential District; the initial zoning of Tract IV and Tract XII to R6 Residential District; the initial zoning of Tract V to M2 Industrial District; the initial zoning of Tract VI to P2 professional District; the initial zoning of Tract VII and Tract XI to PND Planned Neighborhood District and the initial zoning of Tract IX and X to C1P Shopping Center District or to more restrictive zoning classifications for an area located on the south side of Yadkin Road, west of U.S. 401 Bypass (Skibo Road), east of Beaver Creek and north of the Aberdeen and Rockfish Railroad. Being all of Annexation No. 88-5-312, Area #8, known as “Oaks-Shorewood-Hermitage.” (P88-115) G. Approval of the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on both sides of Ireland Drive (S.R. 1219), south of St. Paul Avenue, east of Wallace Pond and north of Knollwood Drive. Being all of Annexation No. 88-5-311, Area #10, known as “Village Drive-Glenridge Road.” (P88-116) H. Approval of the rezoning from P2 Professional District to C1(P) Shopping Center District or to a more restrictive zoning classification for an area located at 697 Country Club Drive (U.S. 401 Bypass). (P88-128) I. Adoption of Budget Ordinance Amendments 88-30, 89-2 and 89-3. J. Adoption of Capital Project Ordinance Amendments 89-5 and 89-6. K. Approval of award of contract for construction of McPherson Church Road Sidewalk to Autry Grading Company, low bidder in the amount of $225,451.25. Bids were received on August 9, 1988, as follows: Autry Grading Company $225,451.25 McDonald Grading Company $259,505.00 Barnhill Contracting Company, Inc. $335,363.70 L. Adoption of ordinances imposing liens on the following properties: 1. 1012 Branson Street (par. No. 437.04.5194) 2. 608 Hillsboro Street (Par. No. 78.22115) 3. 109 Woodside Avenue, Apts. A&B The following ordinances were adopted at 7:23 p.m.: AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN (1012 BRANSON STREET). ORDINANCE NO. NS1988-32. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN (608 HILLSBORO STREET). ORDINANCE NO. NS1988-33. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN (109 WOODSIDE AVENUE, APTS. A & B). ORDINANCE NO. NS1988-34 Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1988. 3. PWC Matters: A. Consideration of resolution authorizing condemnation of an easement for the relocation of electric facilities located on the north side of Morganton Road. Tim Wood presented this Item and stated they had offered $1,464.00 for 4/100 of an acre for one utility pole. This covers the value of the trees that have to be removed among other considerations. The offer was turned down and PWC recommends condemnation. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF JAMES C. WEAVER AND WIFE, CAROLYN J. WEAVER. RESOLUTION NO. R1988-80. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. B. Set public hearing on bond issue. This item was presented by Ben Brown who stated that this step is a follow-on to the action Council took on July 18, 1988, approving the request of PWC Chairman McCoy and he read the bond order title. Councilperson Ross introduced the following Bond order, the title of which was read: BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $40,000,000 FOR THE PURPOSE OF FINANCING IN PART, ACQUISITION OF, CONSTRUCTION OF, EQUIPPING, UPGRADING AND EXPANDING SANITARY SEWER FACILITIES, INCLUDING THE CROSS CREEK WASTEWATER TREATMENT PLANT Councilperson McBryde then introduced the following resolution the title of which was read: RESOLUTION PROVIDING FOR PUBLIC HEARING ON BOND ORDER FOR $40,000,000 GENERAL OBLIGATION BONDS AND PUBLICATION OF BOND ORDER AND NOTICE OF HEARING AND OTHER ACTION (Public Hearing set for September 6, 1988, 7:00 p.m.) Councilmember Evans moved the passage of the foregoing resolution and Councilperson Kendrick seconded the motion, and the resolution was passed by the following vote: Ayes: Evans, Kendrick, McBryde, Ross, Torrey, Wofford and Thompson Nays: None Not Voting: Councilpersons Pillow and Bolton (absent) 4. Planning Board Matters: A. Consideration of the initial zoning of Tract I and Tract III to C3 Heavy Commercial District; the initial zoning of Tract II and Tract V to R10 Residential District and the initial zoning of Tract VI to R5A Residential District or to more restrictive zoning classifications for an area located on the southeast side of US 401 Bypass (Skibo Road), on both sides of Bragg Boulevard (NC HWY 24) and northwest of Carol Street. Being all of Annexation No. 88-5-309, Area #6, known as “Bragg Boulevard.” (P88-113) Al Mitchell stated that this was not a consent item because someone appeared before the Planning Board to ask for a change. The Planning Board recommends that initial zoning be approved as submitted. Councilmember Ross offered notion, seconded by Councilmember McBryde to initially zone as requested, carried 6 to 1 with Councilmember Torrey voting against. 5. Report from Streets, Roads and sidewalks Committee. Councilmember Kendrick presented the report on the following items: 1. A. CSX Mainline Railroad Crossing Improvements B. Rubberized Crossing Improvements 2. A. Soil Street Improvements B. Street Resurfacing 3. Haymont Traffic Circulation Plan 4. Sidewalk Improvements Mr. Bennett presented the Sidewalk Plan and recommended the Fiscal Year 1988 General Fund be utilized to construct the sidewalk along Morganton Road from Churchill Road to McPherson Church Road. Councilmember Wofford offered motion to approve as recommended, seconded by Councilmember Ross and carried unanimously 7 to 0. 5. Opening/Accepting Raleigh Street (Bruner Street to W. Rowan Street) 6. NC Right-of-Way Protection Enabling Legislation 7. NC Conference on Traffic congestion - Winston-Salem, August 30-31, 1988 8. Closing Old Wilmington Road at Belk Boulevard 9. FSU Directional Signs - Ramsey Street 10. Murchison Road - NC 87/210 Route Designation Councilmember Torrey addressed the Murchison Road - North Carolina 87/210 route designation and requested something be done about changing this area from a truck route due to the traffic danger involved. Following some discussion, staff was directed to contact NCDDT. A copy of the report is on file in the City Clerk's office. 6. Consideration of funding request from Orange Street School Restoration and Historical Association. Roger Stancil presented this item and recommended that Council budget from its Contingency Fund not to exceed $20,000.00. Dr. Ernest McNeill was recognized and gave a report on what has been done and what is proposed. Councilmember Ross offered motion to follow the recommendation to budget from Council's Contingency Fund not to exceed $20,000.00, seconded by Councilmember Kendrick and carried unanimously 7 to 0. 7. Consideration of proposed changes to Special Events ordinance. Mr. Stancil presented the proposed changes. Councilmember Evans requested that Urban Ministries be exempt due to their project already being underway for the upcoming event. Following some discussion, it was determined that a motion is not needed until the ordinance is presented. Therefore, Mayor Pro-Tem Evans withdrew her motion and Councilmember Torrey withdrew his second. Councilmember Bolton arrived at 3:15 p.m. during the discussion of Item 8. 8. Consideration of rescinding demolition ordinances on the following properties: Walter Haire presented this item and stated that work is being done and recommended Council rescind the two demolition ordinances. A. 329 Wilmington Road (NS1988-22) B. 1004 North Street (NS1988-25) Councilmember Ross offered motion to rescind A and B, seconded by Councilmember Wofford and carried unanimously 8 to 0. 9. Consideration of acceptance of offer to purchase the Anderson Street Library building and site from the First Baptist Church. Mr. Smith presented this item and stated that Council should look at the following options: 1. Not sell the property and develop the surface parking as planned. 2. Sell the property at an agreed upon amount after a third appraisal and utilize funds for other parking improvements. 3. Negotiate for cash price plus other concessions to ease current or future parking problems. Mayor Dawkins stated that Councilmember Pillow had requested to be part of the final decision on this matter. There was some discussion and Councilmember McBryde offered notion to obtain a third appraisal and have the City Manager immediately enter negotiations with First Baptist Church for off street parking lot on Old Street and return to Council for decision, seconded by Mayor Pro-Tem Evans. There was further lengthy discussion and a vote was called for which was unanimous 8 to 0 in favor. Reverend Glenn Holt was recognized telling their needs and plans and desires to negotiate with the City. At this time Mayor Dawkins acknowledged the passing of Elmo Zumwauit, III, a neighborhood activist who fixed up several old homes. 10. Administrative Reports: A. Statement of taxes collected for the month of July, 1988, from the Cumberland County Tax Collector. Mr. Smith presented this item showing a total collection for the month of July, 1988 for $26,698.84. B. Report on Mounted Patrol Mr. Smith presented this item recommending implementation of the Mounted Patrol with the following fund sources: Parks and Recreation Budget $ 6,000 Federal Forfeiture Funds $ 3,500 Downtown Tax District Fund Balance $ 6,000 Total $15,500 Councilmember McBryde offered motion to follow the recommendation, seconded by Councilmember Ross and carried unanimously 8 to 0. C. Other Mr. Cogswell recommended rescinding ordinance No. NS1988-12 for demolition of 2407 Slater Avenue because improvements have been made and Housing Inspector approves. Councilmember Ross offered motion to rescind Ordinance NS1988-12, seconded by Councilmember Kendrick and carried by unanimous voice of 8 to 0. At this time Councilmember McBryde announced that there would be a regular Policy Committee meeting on September 13, 1988, at 7:30 p.m. in the Kyle House. There being no further business, the meeting was adjourned at 9:00 p.m. INFORMATION MEETING MONDAY, AUGUST 22, 1988 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, AUGUST 22, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Milo McBryde, Horace K. Thompson, Jr., Ida Ross, Tommy Bolton, Joseph pillow, Thelbert Torrey, Milt Wofford, 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 Councilmember Pillow offered the invocation. The Council first heard reports from members of the Planning Board staff. The first report was a presentation on the 301/Eastern Boulevard Neighborhood Plan by Al Mitchell. Mr. Mitchell presented the proposed plan consisting of lower density use, elimination of some commercial sites and emphasis or residential development. The Council discussed land use and zoning in the area. Mr. Mitchell indicated that the only item of dispute at a meeting with the Wilmington Road residents was the M2 area adjoining the old school site. Mr. Donald Fuller of 517 McDaniel Street addressed the Council on behalf of the are residents. He stated that they concur with the proposed plan with the exception of the M2 area. Upon motion by Councilmember Evans, seconded by Councilmember Ross, the Council voted unanimously to refer this matter to the Planning Board for study and recommendation on the M2 area north of Highway 87 including report on the tax abstracts and value of the property. Mr. Mitchell indicated that the staff could report back in approximately 60 days. Mike Osborne presented a report on the 53-210 Plan Revaluation as adopted by the County Commissioners and the Planning Board. Mr. Osborne discussed the factors involved in the revaluation and the process. Upon motion by Councilmember Evans, seconded by Councilmember Ross, Council voted unanimously to set a public hearing on the whole plan for September 26, 1988, and directed the staff to place a notice of this public hearing in the newspaper. Tom Lloyd presented a status report on the Cain Road area including land use, zoning, and structures rendered non-conforming by the City's widening project. He also discussed commercial centers in the area and traffic volume along Cain Road currently and as projected. Mike Osborne presented a recommendation on zoning ordinance amendments concerning the rural residential district. Mr. Osborne discussed the advantages and disadvantages of this district and how it fits in with the City's plan. The Planning staff recommends that this district not be incorporated into the City Ordinance in current form. City Manager John Smith presented a progress report on various downtown projects. Concerning the Prince Charles Project, he reported that the staff has submitted items to HUD as requested and that the initial staff review of these items was positive. The Loan Committee will meet next Wednesday to review these items and inform the City of HUD's position. The next step would be the forma process including a public hearing for the Council to consider the UDAG Grant, financing, and plans and specifications for the Prince Charles and the City Hall. Mr. Smith reported that canopies had been purchased for the Farmers Market coordination with Cumberland County. He reported that 90 percent of the field investigation is complete on renovation for the Market House and that plans am specifications should be ready in January, 1989, for bid. Mr. Smith also reviewed the status of the Train Station on Hay Street. He discussed the City's purchase of the entire tract to provide parking for the Department of Social Services and the history of the lease agreements between AMTRAK, CSX, and the City. Approximately two years ago, City Engineering estimated the cost o repairs at $240,000. The City staff is currently working with the Division o Archives and History to review the Train Station and determine what actions can be taken. City Manager Smith then reviewed the proposed schedule for Cedar Creek annexations which include the consideration of a Resolution of Intent to Annex at the September 6 Council meeting with annexation being effective December 31, 988. Council next heard a presentation by the Revitalization Commission of Recommendations on the Anderson Street Library property. The Commission was presented by Suzan Cheek, Chairperson. She emphasized the commitment of the CHNMD plan and the importance of being consistent with that plan. She asked that the Commission have time to review alternatives to the proposed sale of his property to the First Baptist Church. Upon motion by Councilmember Wofford, seconded by Councilmember Kendrick, Council voted unanimously to give the Revitalization Commission ninety (90) days to return to the City Council with a recommendation. Mrs. Cheek also discussed the proposed Old Street reconstruction Project and asked for merchant input on scheduling and plans. He also asked that the City Council request use of the Old Fayetteville Commons as a detour during construction from UMTA. Upon motion by Councilmember Evans, seconded by Councilmember Wofford, Council voted unanimously to ask the staff to write UMTA to request permission for such a detour. Next item for Council consideration was a discussion of the Parks and Recreation Department and the future direction and appointment of the Director. City Manager Smith discussed the application and selection process and the involvement of the Parks and Recreation Advisory Commission in that process. Parks and Recreation Advisory Commission Chairman, Sandy Saunders, reviewed the master plan with the Council including expansion of facilities, expansion of the athletic programs with Fort Bragg, Spring Lake and the County, expansion recreation programs such as Pops in the Park and Summerfest and the status of projects funded in the last two budgets. Council next considered a contract with Traveler's Trash Company, incorporated for sanitation services in Annexation Area 11. Upon motion by Councilmember Torrey, seconded by Councilmember Bolton, Council voted unanimously to authorize the City Manager to execute this contract. The next item of consideration was Budget Ordinance Amendment 89-4 concerning Mounted Patrol. Upon motion by Councilmember Evans, seconded by Councilmember Bolton, Council voted unanimously to adopt the Budget Ordinance Amendment 89-4. There being no further business, the meeting was adjourned. REGULAR MEETING TUESDAY, SEPTEMBER 6, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, SEPTEMBER 6, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large), Milo McBryde (at large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Absent: Councilmember Horace K. Thompson (at-large) (excused late arrival of 8:14 p.m.) 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 Robert M. Bennett, City Engineer Tim Wood, PWC Manager G. Allen Mitchell, Assistant City/County Planning Director Walter J. Haire, Jr., Chief Housing Inspector Lisa Novick, Historic Resources Planner Members of the Press Mayor Dawkins called the meeting to order and the invocation was offered by Reverend Lawrence Johnson, John Wesley Methodist Church, followed by the Mayor leading the Pledge of Allegiance to the American Flag. The invocation is as follows: “O Lord we pray, that the Mayor, City Council and chief officers of the City of Fayetteville and all others who share in the ordering of our community life will be guided by your directions. Give them the strength and intelligence to do the work that has been assigned to their hands. May this City Council exemplify the principals of integrity and high moral character, one that seeks to do what is right without favoritism to any particular party or faction; but that which seeks the good of all its citizens. We are grateful for all our elected officials who are chosen to serve this community. May they perceive their position as a deed of honor and trust in meeting the real needs of those who have chosen them as their representatives. Use them as instruments of your will to guide them in all their decision-making. May they be sensitive to the needs of its citizenry; thorough in its deliberations, fair in its judgments and true to their purpose and commitment to which they have been elected. In all their deliberations, help them to always remember the last, the least and the lost. Where friction and tensions exist in our community, help this Council to be peacemakers. Where hatred and deviousness exist, help this Council to be reconcilers. Where others seek to destroy and tear down, help this Council to be builders, seeking to build a better community and society for all its people to live. We realize that we live in difficult times and in a complex and changing world. But may we continue to seek to be creative and constructive as we visualize and project for the future a city and a community that strives to be: Progressive in its thinking and planning, and pragmatic in its actions. Help us to continue to seek for a vision for the city of freedom, justice and peace. AMEN” RECOGNITION: Youth Council Member: Elainna Gaskins (not present) Five-year service pins were given to Robert Barefoot, Acting Parks and Recreation Director; Jerome Brown, Transit Director, and Tom Ray, Airport Manager. Ten-year service pins were given to Carol Parker, Personnel Director; Bill McGugan, Administrative Services Director; and Robert C. Cogswell, Jr., City Attorney who has been full-time with the City for ten years and part-time before that. Mayor Dawkins expressed regrets in Carol Parker's leaving for Korea and wished her the best. 1. Approval of Agenda Councilmember Wofford made note that Item 3.C. had been pulled from the agenda and the back-up for Item 7 and 8 were reversed. Mr. Smith stated that Item 3.C. back-up material only was pulled from the agenda, however, the item itself is to remain on the agenda. Mayor Pro-Tem Evans offered motion to approve the agenda, seconded by Councilmember Ross and carried unanimously 8 to 0. 2. Consideration of changing the October 3, 1988, regular Council meeting to October 10, 1988. Due to the North Carolina League of Municipalities meeting in Asheville it was recommended that the October 3rd meeting be changed to October 10th. Councilmember Kendrick offered motion, seconded by Councilmember Ross to change the regular October 3rd meeting to October 10, 1988, carried unanimously 8 to 0. 3. Consent: Councilmember Kendrick requested to pull Item 3.1. for discussion. Councilmember Wofford offered motion to approve the consent items with exception of Item 3.1., award bids as recommended, adopt the resolutions and ordinances, seconded by Councilmember Ross and carried unanimously 8 to 0. The consent items are as follows: A. Approval of minutes of regular meeting of August 15, 1988. B. Approval of the following requests for tax refunds: 1. Jesse D. Montanez and wife in the amount of $109.68. Military exemption not applied. Also, computer error charged vehicles twice. 2. Fay Block Company, Inc. in the amount of $209.61. Machinery and equipment cost figure were overstated per depreciation schedules. 3. Fleishman's Tiny Town, Inc. in the amount of $5.78. Machinery and equipment and inventory were overstated per balance sheet and depreciation schedules. 4. Fayetteville Ambulatory Surgery, Inc. in the amount of $947.22. Year of acquisition and cost figures were incorrect on original listing. 5. Concrete Service Company in the amount of $168.22. Machinery and equipment cost figures were overstated per depreciation schedules. C. Approval of award of service weapon and badge to retired Police Officer Marvin Gainey. D. Set public hearing for September 19, 1988, to consider barricading Old Wilmington Road at NC 87 and Belt Blvd. intersection. E. Set public hearing for October 17, 1988, to consider amendments and revisions to the City of Fayetteville zoning Ordinance, Chapter 32, Article VII “Off-Street Parking and Loading Space,” Section 32-56 “General Requirements” addressing commercial for hire vehicles, parking in residentially zoned districts. (Case No. P88-125) F. Set public hearing for October 17, 1988, to consider the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 1807 Conover Drive. (Case No. P88-134) G. Set public hearing for October 17, 1988, to consider an application by Taft's Creative Service Council Inc. and 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 in an R6 Residential District for an area located at 109 Sunset Avenue. (Case No. P88-139) H. Set public hearing for October 17, 1988, to consider the rezoning from R15 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 3622 Morganton Road. (Case No. P88-141) I. Approval of engineering contracts for street and utility plans in recently annexed areas, jointly funded by City and PWC. (PULLED FOR DISCUSSION) J. Adoption of Budget ordinance Amendments 89-5 and 89-6. K. Adoption of Capital Project Ordinance Amendments 89-7 through 89-12. L. Award of contract for purchase of transfer trailer to Kabco, Inc., lowest responsible bidder in the amount of $30,895. The bidders were as follows: E.F. Craven Company No Bid Sanco Corporation No Bid Kabco, Inc. $30,895 Cavalier Equipment Corporation $30,910 Lodal-South $33,960 Nu-Life Environmental, Inc. $33,969 M. Award of contract for purchase of three (3) vacuum Leaf Machines to McCune Technology, Inc., lowest responsible bidder in the amount of $48,450. Bidders were as follows: McCune Technology, Inc. Base Machine $42,000 McCune Technology, Inc. alternate bid with options Brand Leaf Vac $48,450 E.F. Craven Company $52,695 Public Works Equipment and Supply, Inc. No Bid N. Adoption of Resolutions setting public hearing for October 10, 1988, to consider assessments for sanitary sewer and water extensions for the following streets: 1. Cumberland Road (from Camden Road to Owen Drive) 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 AND WATER EXTENSION OF CUMBERLAND ROAD (FROM CAMDEN ROAD TO OWEN DRIVE). RESOLUTION NO. R1988-81 2. Owen Drive (from western margin of Ruth MacDougald property to eastern margin of Florence McMillian property) 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 EXTENSION OF OWEN DRIVE (FROM WESTERN MARGIN OF RUTH MACDOUGALD PROPERTY TO EASTERN MARGIN OF FLORENCE MCMILLIAN PROPERTY; AND LONE PINE DRIVE). RESOLUTION NO. R1988-82 3. Southern Avenue RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR WATER SYSTEM EXTENSION OF SOUTHERN AVENUE. RESOLUTION NO. R1988-83 4. Lone Pine Drive (included in number 2 above) A copy of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. 3I. Approval of engineering contracts for street and utility plans in recently annexed areas, jointly funded by City and PWC. Based on negotiations, the combined recommendations of City Engineer and PWC's Water and Sewer Department follow: AVERETTE ENGINEERING CO., P.A. Area 4 - Kornbow Area 5 - Karen Lake Drive & Kathy Street Area 7 - Yadkin Road & 401 By-Pass NOT TO EXCEED FEE $72,000.00 (City will pay one-half and PWC one-half) JOHN S. COLLIE, P.E. Area 8 - The Oaks & Hermitage - (This is two-thirds of the entire Area 8). NOT TO EXCEED FEE $342 000.00 (City will pay one-hale and PWC one-half) DETTER ENGINEERING ASSOCIATES, PA Area 10 - Evergreen NOT TO EXCEED FEE $45,000.000 (City will pay one-half and PWC one-half) MOORMAN & KIZER, INC. Area 1 - Kinwood Subdivision Area 2 - Kinwood Island Area 6 - Bragg Boulevard Area 8 - Eden (This is one-third of the entire Area 8) NOT TO EXCEED FEE $260 000.00 (City will pay one-hale and PWC one-half) ROSE & PURCELL, INC. Area 3 - Murchison Road NOT TO EXCEED BEE $275 000.00 (City will pay one-hale and PWC one-half) Note: There was no Area 9 in these annexations. Councilmember Kendrick questioned Item 6 on page D.5. concerning laterals. The City Engineer responded that they will be working together with PWC to make sure all laterals are installed prior to paving whether they are occupied or not. Councilmember Wofford questioned if the cost will be fairly split with PWC and Mr. Smith responded it would, going by estimated construction costs. Mayor Pro-Tem Evans offered motion to approve, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 4. Public Hearings: A. Consideration of an application by Drs. Jay and Cathy Kosterman for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-24, Item (4) to operate a medical clinic in an R6 Residential District for an area located at 116 Country Club Drive. (Case No. P88-103) Mr. Mitchell presented this item and stated that Planning Staff recommends approval of the Special Use Permit subject to the following conditions: 1. That Public Works Commission approve water and sewer plans. 2. That the City Engineer approve drainage plans. 3. That all state sedimentation and erosion control ordinances be complied with during and upon completion of construction. 4. That the City Engineer and/or NCDOT approve the proposed curbcuts and their locations and that the proper permit be obtained prior to any construction. 5. That the signage for this development be in accordance with the applicable regulations in Chapter 3 of the City Code and that the proper permit(s) be obtained prior to any installation of permanent signs on the site. 6. That a “screen of shrubbery” of at least four feet in width be established and maintained along the entire western and northern property lines which adjoin a residentially toned district and that this buffer as described be in place prior to final site inspection for occupancy. 7. That the proposed fencing as indicated on the site plan be in accordance with Article VI, section 32-49, Item (4) of the Fayetteville Zoning Ordinance. The public hearing was opened and speaking in favor was Cathy Kosterman, petitioner. Clinton Harris representing the Fayetteville/Cumberland County Citizens Association, appeared with a question concerning sidewalks. He wanted to know if they were being required now or would be Installed later. Mr. Bennett responded that the standard City requirement is to grade the sidewalk areas and where it is to be paved, such as across the driveway, the sidewalk would be across the driveway only and then the sidewalks installed later can be tied onto them. There being none further to be heard, the public hearing was closed. Councilmember McBryde offered motion to approve the special Use Permit subject to the conditions of the Planning Department, seconded by Councilmember Ross and carried unanimously 8 to 0. B. Consideration of closing a portion of LaFayette Street between Spring (now McKethan) Street and the western line of Plat Book 7, Page 62, Cumberland County Registry. Mr. Bennett presented this item stating that one individual owned both sides of this portion of LaFayette Street. Mr. Bennett sees no public need for this portion of LaFayette Street and therefore recommends adoption of the resolution to officially close the street. The public hearing was opened and Mr. Donald Hicks, 1331 Odom Drive appeared in favor of the street closing because he plans a future rest home in this area and feels it would benefit the community to have this street closed. There was none to appear against this item and the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF LAFAYETTE STREET. RESOLUTION NO. R1988-84 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 R1988. C. Consideration of adoption of Bond Order and Resolution authorizing the issuance of General Obligation Bonds of the City of Fayetteville in the maximum aggregate principal amount of $40,000,000 for the purpose of financing, in part, acquisition of, construction of equipping, upgrading, and expanding sanitary sewer facilities, including the Cross Creek Wastewater Treatment Plant. (PWC) This item was presented by Assistant City Manager, Administration and Finance, Mr. Brown. The Mayor convened the public hearing at 7:35 p.m. with respect to the Bond Order introduced before this Council August 15, 1988. Mr. Tim Wood, PWC Manager, appeared in favor. There was none appearing in opposition. After discussion, the hearing was closed at 7:40 p.m. After consideration of the public hearing, Councilperson McBryde moved the adoption of the Bond Order entitled, “BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $40,000,000 FOR THE PURPOSE OF FINANCING, IN PART, ACQUISITION OF, CONSTRUCTION OF, EQUIPPING, UPGRADING AND EXPANDING SANITARY SEWER FACILITIES, INCLUDING THE CROSS CREEK WASTE WATER TREATMENT PLANT” without amendment from the form introduced on August 15, 1988, and Councilperson Bolton seconded the motion and the Bond Order was passed and adopted by the following vote: Ayes: Councilpersons Evans, McBryde, Kendrick, Bolton, Ross, Torrey, Pillow, and Wofford; Nays: None; Not voting: Councilperson Thompson-absent. The following resolution was then introduced and its title was read: RESOLUTION CALLING FOR REFERENDUM ON $40,000,000 GENERAL OBLIGATION BONDS, PROVIDING FOR NOTICES OF SUCH REFERENDUM, FORM OF BALLOT AND PUBLICATION OF BOND ORDER AS ADOPTED. Councilperson Wofford moved the passage of the foregoing resolution and Councilperson Pillow seconded the motion and the resolution was passed by the following vote: Ayes: Councilpersons Evans, McBryde, Kendrick, Bolton, Ross, Torrey, Pillow and Wofford; Nays: None; Not voting: Councilperson Thompson-absent. A copy of the foregoing Bond order and Resolution is on file in the Clerk's office. 5. Planning Board Matters: A. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located north of Bragg Boulevard, east of Stamper Road. (Case No. P88-130) Al Mitchell presented this item and stated that the Planning Board recommends P2 professional for the 200 feet shown on the map and the remainder is to remain R10 Residential. Councilperson Wofford offered motion to rezone the entire area to R6, seconded by Councilmember Ross and carried unanimously 8 to 0. B. Consideration of the rezoning from R6 Residential District and R10 Residential District to M2 Industrial District or to a more restrictive zoning classification for an area located at 714 Dunn Road. (Case No. P88-142) Al Mitchell presented this item stating that the planning Board recommends approval and the Planning Staff recommends denial. Councilmember McBryde stated that due to no one appearing in opposition at the Planning Board hearing and notices having been sent out, he offered motion to follow the Planning Board's recommendation to approve the rezoning, motion died for lack of a second. Following some further discussion, Mayor Pro-Tem Evans offered motion to deny the rezoning request, seconded by Councilmember Wofford and carried 7 to 1 with Councilmember McBryde voting no. 6. PWC Matters: A. Consideration of approval of Boundary Line Agreement between the City of Fayetteville and Frank S. Shaw, et al. Tim Wood presented this item stating it was discovered that the PWC property went through the owners bath house by the lake. They have come to an agreement on an equal trade. Therefore, he is asking for approval of the boundary line agreement. Councilmember McBryde offered motion, seconded by Councilmember Pillow to follow the recommendation, carried unanimously 8 to 0. B. Consideration of appointment of PWC Commissioner to the Public Works Commission Employee. Retirement plan Board to fill the unexpired term of James R. Warner. Councilmember Ross offered motion to approve the appointment of Tommy McCoy, seconded by Councilmember Bolton and carried unanimously 8 to 0. 7. Consideration of adoption of Resolutions of Intent to Annex. Mr. Stancil presented this item and stated this is to set a public hearing for November 7, 1988, for the areas with structures fronting on Cedar Creek Road that were left out of the annexations effective August 31. A. Perry Area - Cedar Creek Road B. Clark-Coble Area - Cedar Creek Road RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. (PERRY AREA, CEDAR CREEK ROAD) RESOLUTION NO. R1988-85. RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. (CLARK-COBLE AREA, CEDAR CREEK ROAD) RESOLUTION NO. R1988-86. Mayor Pro-Tem Evans introduced the foregoing resolutions and moved their adoption setting the public hearings for November 7, seconded by Councilmember Pillow and carried 6 to 2 with Councilmembers Torrey and Ross voting no. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. 8. Consideration of assignment of newly annexed areas to Council electoral districts. Mr. Stancil presented this item and stated that a correction should be made in the last line of the fourth paragraph of the first page. The word, “precinct” should be changed to “electoral district.” RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ADOPTING REVISIONS TO THE ELECTORAL DISTRICT BOUNDARIES OF THE CITY FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY. RESOLUTION NO. R1988-87. Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption with the change, seconded by Councilmember Pillow 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 R1988. 9. Consideration of Demolition Ordinances for the following areas: A. 343 Person Street Walter Haire presented this item stating that although the house is in dangerous need of repair, it has been sold to attorneys who are planning to revive the structure and requested that Lisa Novick and the attorneys be heard by Council. Council agreed and recognized Lisa Novick. She stated that this structure was built in 1908 and has been placed on the study list for the Planning Board to consider for nomination to local historic register. Councilmember Thompson arrived at the meeting at 8:14 p.m. Jill Parrish, Attorney, was recognized stating they have purchased the property and will spend $250,000 in the next six months repairing and restructuring the building. Councilmember McBryde offered motion to delay this demolition ordinance for six months, seconded by Councilmember Kendrick and carried unanimously. B. 840 Whitfield Road Walter Haire presented this item stating that Mr. Wilson Williams had requested to appear before the Board. Council agreed to recognize Mr. Williams. Mr. Williams stated that he wants to build another house and repair this building to use as a garage. Discussion revealed that this could only be used to store his personal vehicle and not as a garage business. Mayor Pro-Tem Evans offered motion to approve the ordinance with the provision that a building permit be obtained within ten days with three months to get the work done to bring this building up to standards for a personal garage, seconded by Councilmember Ross and carried 7 to 2 with Councilmember Kendrick and Thompson voting no. AN ORDINANCE REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1988-35. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book R1988. C. 226 Myrover Street Walter Haire had requested this item be withdrawn due to having contacted the wrong Mr. Beverly Smith. 10. Consideration of extension of policy on 30 percent discount on assessments. Mr. Smith presented this item and requested the Council approve the extension and refer this policy to the policy Committee. Councilmember Ross offered motion to follow the recommendation, seconded by Councilmember Thompson and carried unanimously 9 to 0. Councilmember McBryde, Chairman of the Policy Committee, reminded everyone of the Policy Committee meeting set for the 13th of September at 7:30 p.m. at the Kyle House Conference Room. 11. Consideration of assessment policy on sidewalk projects. Councilmember McBryde offered motion to send this item to the Policy Committee for review, seconded by Councilmember Kendrick and carried unanimously 9 to 0. 12. Consideration of various traffic revisions. A. School zone speed limits on North Cool Spring Street (St. Ann's School). This item was presented by the City Engineer and the effective date of the ordinance would be September 16, 1988. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE #8 SPEED CONTROL). ORDINANCE NO. NS1988-36. B. School zone speed limits on Cain Road (Cornerstone Baptist Academy). Mr. Bennett presented this item. The effective date of the ordinance would be September 16, 1988. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE #8 - SPEED CONTROL). ORDINANCE NO. NS1988-37. Councilmember Wofford introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 9 to 0. C. Speed limit reduction on Wagoner/Prestwick Drives. Mr. Bennett presented this item. The effective date is September 16, 1988. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE #8 - SPEED CONTROL). ORDINANCE NO. NS1988-38. Councilmember Wofford introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Thompson and carried unanimously 9 to 0. D. 3-way stop signs at intersection of Wagoner/Prestwick Drives. There was only one request for this and Mr. Bennett recommends no action at this time. Council took no action. E. Speed limit reduction in Kinwood by the River Subdivision. Mr. Bennett presented this item and stated that again this was from an individual. Mr. Bennett feels this is a matter for traffic control by the Police Department. Council concurred and took no action. F. Revisions to Traffic Schedule #6 - Stop Intersections and #14 - Yield Right-of-Way at various locations in the annexation areas of June 30 1988, and new subdivisions. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE #6 - STOP INTERSECTIONS). ORDINANCE NO. NS1988-39. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE #14 - YIELD RIGHT-OF-WAY). ORDINANCE NO. NS1988-40. Mayor Pro-Tem Evans introduced the foregoing ordinances and moved their adoption, seconded by Councilmember Kendrick and carried unanimously 9 to 0. Copies of the foregoing ordinances are on file in the Clerks's office in Ordinances Book NS1988. G. Consideration of an ordinance for operation of vehicles at rotary traffic islands and circles. Mr. Bennett stated that the City needs an ordinance to clearly outline the operation of motor vehicles at traffic islands and circles, and recommends adoption of the proposed ordinance to be in full force September 7, 1988. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (SECTION 20-58). ORDINANCE NO. S1988-14. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the Clerks's office in ordinances Book S1988. 13. Consideration of award of purchasing contract for railroad crossing materials - Bond financed project. Mr. Bennett stated that the recommendation was to award the contract to Goodyear Tire and Rubber Company in the amount of $99,856.50 because this is the only company that CSX does business with and it is the only company offering curved crossing meeting technical specifications. The bidders are as follows: Park Rubber Company $73,146.00 Red Hawk Rubber Company $86,422.50 Goodyear Tire and Rubber Company $99,856.50 Councilmember Thompson offered motion to award the contract to the Goodyear Tire and Rubber Company, seconded by Councilmember Evans and carried unanimously 9 to 0. 14. Consideration of Amendment of Chapter 20 regarding the Regulation of Abandoned, Derelict, and Junked Motor Vehicles. The City Attorney recommends that this item be referred back to him due to questions being raised concerning cars being kept for parts and being classics or antiques. Following some discussion Council concurred and referred this to the City Attorney's office. 15. Consideration of designation of a voting delegate for 1988 NCLM Convention. Councilmember Wofford offered motion to designate Mayor Pro-Tem Evans as delegate with Councilmember Ross as alternate, seconded by Councilmember Thompson and carried unanimously 9 to 0. 16. Appointments: A. Nominations to fill three (3) vacancies on the Joint Senior Citizens Advisory Commission. Councilmember Ross nominated Robert Drake for another term. Councilmember McBryde nominated E. Allen Barefoot for another term. There is one vacancy remaining to fill the vacancy of Beatrice Matthews who is not eligible to serve another term without a year break. 17. Administrative Reports: A. Tax Collector's statement of taxes collected for the period from July 1, 1987, through June 30, 1988. The City Manager presented the Tax Collector's Report. A copy is attached and made a part of these minutes. At this time Councilmember Wofford requested that the Cablevision representatives be invited to an information meeting very soon for an update on their operation. Councilmember Ross stated that she was pleased to have the Willie M children located in the Haymount area. There being no further business, the meeting was adjourned at 9:15 p.m. MR. JOHN SMITH CITY MANAGER CITY OF FAYETTEVILLE 234 GREEN STREET FAYETTEVILLE, NC. 28301 CITY OF FAYETTEVILLE SETTLEMENT OF CURRENT TAXES CUMBERLAND COUNTY TAX COLLECTOR THIS SETTLEMENT IS REQUIRED UNDER THE PROVISIONS OF GENERAL STATUTE #105-373(A)(3). THIS COVERS THE PERIOD FROM JULY 1, 1987 THROUGH JUNE 30, 1988. CHARGE: CHARGE 1987 $9,372,551.66 ADDED CHARGE 11987 148,118.19 TOTAL INTEREST COLLECTED 57,558.05 $9,578,227.90 CREDITS: CHARGE 1987 $9,229,840.48 ADDED CHARGE 11987 57,558.05 TOTAL INTEREST COLLECTED $9,287,398.53 RELEASES ALLOWED $87,288.01 REAL & PERSONAL BALANCE 203,541.36 ADJUSTMENT- 0- $290,829.37 CHARGE: REAL & PERSONAL BALANCE 1986 $220,063.11 REAL & PERSONAL BALANCE 1985 73,691.89 REAL & PERSONAL BALANCE 1984 & PRIOR 170,848.03 $464,603.03 CREDIT FOR FIVE YEAR & PRIOR INSOLVENTS 45,451.82 $45,451.82 CREDITS: REAL & PERSONAL COLLECTED 1986 $139,090.40 REAL & PERSONAL COLLECTED 1985 39,881.64 REAL & PERSONAL COLLECTED 1984 & PRIOR 35,102.46 RELEASES ALLOWED 1986 3,497.30 RELEASES ALLOWED 1985 130.14 RELEASES ALLOWED 1984 & PRIOR 2,172.17 REAL & PERSONAL BALANCE 1986 77,475.41 REAL & PERSONAL BALANCE 1985 33,680.11 REAL & PERSONAL BALANCE 1984 & PRIOR 88,121.58 ADJUSTMENT- 0- $419,151.21 CHARGE 1977 & PRIOR: TAXES 1977 & PRIOR $10,271.97 INTEREST & ADVERTISING COLLECTED 274.30 $10,546.27 TAXES BARRED BY STATUTE: LAND SALES $333.65 PERSONAL 9,712.22 $10,045.87 CREDITS: DEPOSITS WITH FINANCE $300.10 INTEREST & ADVERTISING 274.30 RELEASES ALLOWED -0- BALANCE 1977 & PRIOR TAXES -0- ADJUSTMENT -74.00 $500.40 CORDIALLY, A.B. JOHNSON TAX COLLECTOR REGULAR MEETING MONDAY, SEPTEMBER 19, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, SEPTEMBER 19, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager G. Allen Mitchell, Assistant City/County Planning Director Tom McNeill, PWC Property Acquisition Manager Walter J. Haire, Housing Inspector Members of the Press Mayor Dawkins called the meeting to order and the invocation was offered by Reverend Charles Sparks, Minister of St. Andrews United Methodist Church, Ramsey Street, followed by the Pledge of Allegiance lead by the Mayor. RECOGNITION: Youth Council Member: Caleadia Jessup The City Attorney had requested an executive session for litigation. 1. Approval of Agenda Mayor Pro-Tem Evans offered motion to approve the agenda, seconded by Councilmember pillow and carried unanimously. 2. Consent: Councilmember McBryde offered motion to approve the consent items with the corrected page 640 of the September 6 regular meeting minutes, award contracts, adopt ordinances and resolutions, seconded by Councilmember Ross and carried unanimously. The consent items are as follows: A. Approval of minutes of information meeting of August 22, 1988. B. Approval of minutes of regular meeting of September 6, 1988. C. Acceptance of FAA Grant Agreement for the following: 1. Acquire an ARFF vehicle, 2. Construct a perimeter road, 3. Install perimeter fencing, and 4. Land acquisition for Airport development and relocation assistance. D. Award of the following Airport contracts: 1. Contract for purchase of ARFF vehicle to Emergency One, low bidder, in the amount of $259,572.00. The bidders are as follows: COMPANY BID AMOUNT Emergency One $259,572.00 Oskosh Truck Corporation $269,305.00 Walter Truck Corporation (Non-responsive, no Bid Bone) 2. Contract for construction of perimeter access road to McDonald Grading Co., low bidder, in the amount of $247,821.50. The bidders are as follows: COMPANY BID AMOUNT McDonald Grading Company $247,821.50 Barnhill Contracting Company $258,231.53 C.K. Andrews Contracting Company $258,698.63 Crowell Constructors, Inc. $288,204.25 Autry Grading Company, Inc. $310,000.00 3. Contract for installation of perimeter fencing and associated work to Seegars Fence Co., low bidder, in the amount of $71,414.20. The bidders are as follows: COMPANY BID AMOUNT Seegars Fence Company $71,414.20 Allied Fence Company $86,513.20 Allsteel Products Company $89,230.00 E. Set public hearing for October 17, 1988, to consider an application by Robin Jones 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 convalescent home in an R5 Residential District for an area located at 327, 329 and 331 Vanstory Street. (P88-146) F. Set public hearing for October 17, 1988, to consider an application by Robin Jones 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 convalescent home in an R5A Residential District, for an area located at 2305 Slater Avenue. (P88-147) G. Adoption of Budget Ordinance Amendments 89-7 and 89-8. Budget Ordinance Amendment 89-7 is necessary to transfer monies from the General Fund Designated Balance to the following departments: a. Police: $76.00 in residual monies from last year's budget which was donated by Sears Roebuck Company; money is to be used for Police Department program supplies. b. Community Development/Human Services: this $282,930.00 includes $7,930.00 received from various individuals and organizations for Human services Programs and a $275,000.00 grant (pork barrel) from the state for the Cape Fear Museum project. c. Parks and Recreation: $6,622.00 for senior citizen transportation; funds received from the state (pork barrel). The City Garden Club donated $75.00 to be used for grounds beautification. Budget Ordinance Amendment 89-8 is necessary to consolidate monies appropriated to various departments for computer equipment and software into a single department in the amount of $115,066.00. H. Approval of disposal of surplus vehicles. Surplus equipment from Environmental Services as follows: MINIMUM DESCRIPTION SERIAL # SALES PRICE 1 HA 1974 Ford Truck 75FVU67340 $400.00 1 HA 1975 Case Backhoe N/A 850.00 1 EA 1973 Ford Truck F75FVQ72259 100.00 1 HA 1977 Chevrolet C-30 Rescue Unit CS337BI55379 500.00 1 HA 1972 Ford Truck F75FVN2II804 300.00 1 HA 1973 Ford Truck F75FVQ72256 200.00 1 HA 1981 International Truck IHTD35I73BLAI0IO9 400.00 1 HA Pot Hole Patcher Body N/A 60.00 1 HA 1965 Ford Truck F35BN663353 1,000.00 RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY. RESOLUTION NO. R1988-88. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. I. Award of contract for construction of water distribution main along Morganton Road from Reilly Road to Bonanza Drive to C.K. Andrews Contracting Co., Inc., low bidder, in the amount of $226,630.67. (PWC) The bids received were as follows: COMPANY BID AMOUNT C. K. Andrews Contracting Company, Inc. $226,630.67 W. E. Blacknon Construction Company, Inc. $251,175.65 W. M. Paris and Associates, Inc. $281,055.50 James A. Dobbins Construction Company, Inc. $292,869.73 J. Award of contract for purchase of 6000 water meters to Kent Meters, Inc., low bidder, in the amount of $116,160.00. (PWC) The bids received were as follows: COMPANY BID AMOUNT Kent Meters, Inc. $116,160.00 Rockwell International $123,600.00 Carolina Meter and Supply $126,000.00 3. Public Hearings: A. Consideration of the rezoning from P1 Professional District to P2 Professional District or to a more restrictive classification than presently zoned for an area located at 520 and 522 Beaumont Road. (P88-122) Al Mitchell presented this item stating that the Planning Board is recommending denial because approval would constitute spot zoning. The public hearing was opened and Susan Barlow Pennink with Susan Barlow Realtors, 5154 Yadkin Road, representing owners of buildings located at 520 and 522 Beaumont Road, appeared in favor stating these houses cannot be rented to doctors because they are too small and not modern or large enough for doctors' offices. The rezoning would allow other professions to rent or lease. There was none to appear in opposition and the public hearing was closed. Following some discussion, Councilmember McBryde offered motion to return this matter to the Planning Board to study the land use plan for possible changes, seconded by Councilmember Ross and carried unanimously. 4. PWC Matters: A. Consideration of Amendment 1 to 1988-89 PWC Budget. The City Manager requested this item be postponed due to the PWC Manager Tim Wood's illness. Councilmember Kendrick offered motion to postpone as requested to the next regular meeting on October 10, 1988, seconded by Councilmember Wofford and carried 8 to 1 with Mayor pro-Tem Evans voting no. B. Consideration of adoption of resolution authorizing condemnation to acquire certain property to provide the public an adequate, reliable and sound electric distribution system along Morganton Road to accommodate the widening of Morganton Road between U.S. 401 Bypass and Reilly Road. Tom McNeill presented this item and stated that PWC is in hopes that this can be settled without a money exchange. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF BROAD STREET INVESTMENT COMPANY, INC.; ENTREPRENEUR, INC., A NC CORPORATION AND SOUTH CAROLINA NATIONAL BANK AND RICHARD M. LEWIS, JR., TRUSTEE. RESOLUTION NO. R1988-89. Mayor Pro-Tem Evans 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 Resolutions Book R1988. 5. Consideration of Amendment to Chapter 20 regarding the Regulation of Abandoned, Derelict, and Junked Motor Vehicles. The City Attorney presented this matter stating that the County has the same concerns as Council and will incorporate the Section 20-125 “Exceptions” into their ordinance making this a uniform ordinance in City and County. Motion was made by Councilmember Ross, seconded by Councilmember Torrey, to adopt the ordinance. Following lengthy discussion, the motion carried unanimously. The ordinance title is as follows: AN ORDINANCE AMENDING CHAPTER 20, “MOTOR VEHICLES” OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1988-15. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1988. 6. Consideration of adoption of demolition ordinance for property located at 244 S. Cool Spring Street. Walter Haire presented this item and recommended adoption. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA, REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY (244 SOUTH COOL SPRING STREET - HOYLE BLANTON KINLAW). ORDINANCE NO. NS1988-41. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adopted, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1988. 7. Consideration of approval of the following Annexation Reports: A. Area 12 Clark-Coble Area, Cedar Creek Road B. Area 13 Perry Area, Cedar Creek Road Roger Stancil presented these items and stated that a public hearing has been set for November 7. These reports outline how the City proposes to furnish services to these areas. Copies of these reports are on display in the City Clerk's office. Councilmember Thompson offered motion to approve the reports A and B, seconded by Councilmember Kendrick and carried 7 to 2 with Councilmembers Ross and Torrey voting no. 8. Consideration of agreement with NC Department of Transportation for future barricading of Old Wilmington Road near NC 87 or relocating Old Wilmington Road near NC 87. This item was presented by the City Manager. He stated that the City Engineer had informed him that NCDOT has agreed to immediately issue driveway permits and needs agreement that a public hearing will be held in 1990 for citizen input to determine whether to barricade or relocate the road. Mr. Smith recommended adoption of the Resolution. A RESOLUTION FOR THE CITY OF FAYETTEVILLE TO BARRICADE OR RELOCATE OLD WILMINGTON ROAD INTERSECTION WITH NC 87. RESOLUTION NO. R1988-90. Councilmember Kendrick 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 R1988. 9. Consideration of resolution authorizing application for Governor's Highway Safety Program funding and adoption of budget amendments. Roger Stancil presented this item stating that this is the second year of the funding and is recommending adoption of the resolution and budget amendments for this grant program. Councilmember Ross offered motion, seconded by Councilmember Pillow, to follow the recommendation, carried unanimously. A copy is attached and made a part of these minutes. 10. Consideration of designation and Voting and Alternate Voting Delegates, Annual Congress of Cities, December 3-7, 1988, Boston, Massachusetts. Council unanimously designated Mayor Dawkins as the voting member and Councilmember Pillow as the alternate. 11. Report from Policy Committee. Councilmember McBryde, Chairman of the Policy Committee, stated the Committee had voted to extend the 30 percent discount on assessments. The assessment policy for sidewalks constructed along thoroughfares mandated by Council would not be assessed, however if property owners petition for sidewalks, they would be assessed through the Sidewalk Participation Policy. The out-of-town travel for the Mayor and City Council is also recommended. A fourth item discussed by the Committee was of boards and commissions. It was decided that further information would be available at the next Policy Committee meeting. Other items to be addressed include a policy regarding expenses for local conferences attended by Mayor and Council and review of procedures for City Council meetings. The next scheduled meeting for the Policy Committee will be Tuesday, October 11, 1988, at 7:30 in the Kyle House conference room. Mayor Pro-Tem Evans offered motion to approve the three recommendations, seconded by Councilmember Kendrick and carried unanimously. Copies of these policies are on file in the City Clerk's office. 12. Appointments: A. Nominations to fill three vacancies on the Senior Citizens Advisory Commission. Councilmember Ross nominated Joseph Covington, 813 Silk Lane, Fayetteville, 28305. At the last meeting, R. Wade Drake and E. Allen Barefoot were nominated for re-election. Councilmember wofford offered motion to elect all three by acclamation to serve a two-year term to September 1990. B. Nominations to fill one vacancy on Appearance Commission. Councilmember Wofford nominated Mrs. Marci Covell, 500 Southland Drive, Fayetteville, 20311, to fill the unexpired term of Suzan Cheek to December 1989. 13. Administrative Reports: A. Statement of taxes collected for the month of August 1988 from Cumberland County Tax Collector. Mr. Smith presented the statement of taxes collected for the month of August showing a balance of total collections of $62,574.58. B. Report on concerns of taxicab owners. Mr. Stancil presented the report and stated that if Council has no objections, they will proceed with the proposals and return the amendment to the taxicab ordinance. Council had no objections. At this time, Mayor Pro-Tem Evans reminded everyone of the International Folk Festival on Sunday, September 25. They are honoring the country of India. Councilmember Kendrick offered motion for executive session for litigation at 8:13 p.m., seconded by Councilmember Pillow and carried unanimously. Council reconvened at 8:25 p.m. and adjourned. INFORMATION MEETING MONDAY, SEPTEMBER 26, 1988 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, SEPTEMBER 26, 1988 7:00 P.M. PRESENT: Mayor J. L. Dawkins Councilmembers Mildred Evans; Milo McBryde; Horace K. Thompson, Jr.; Ida Ross; Tommy Bolton; Joseph Pillow; Thelbert Torrey; Milt Wofford; 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 Councilmember Ross offered the invocation. Mayor Dawkins then led in the Pledge of Allegiance to the American Flag. The first item for consideration was a public hearing on the Cedar Creek Road Land Use Plan Re-evaluation. Al Mitchell, of the Planning Staff, summarized the reason for the public hearing. Mike Osbourn, of the Planning Staff, then discussed the process and the recommendations of the Planning Board. This Land Use Plan Re-evaluation has been adopted by the Planning Board and the Cumberland County Commissioners. Because a portion of the area has been annexed into the City, the recommendation is that the Council adopt the plan. Upon motion by Councilmember Wofford, seconded by Councilmember Bolton, the Council voted 7 to 2 to adopt a resolution adopting the Cedar Creek Road Land Use Plan Re-evaluation with Councilmembers Ross and Torrey voting in the negative. A copy of Resolution No. R1988-91 is attached to and made a part of these minutes. The next item for Council consideration was a status report by Mr. Bill Carey of Fayetteville Cablevision. City Manager John Smith first reviewed the history of the City's renegotiation in 1986 of the Cablevision franchise which included a payment of 5 percent of gross revenues, installation of an emergency override system, construction of studies for use by the public in the community channel, upgrade of the system, and extension of the franchise to 2001. Mr. Carey indicated that the City's revenue had increased from approximately $90,000 in 1986 to $210,000 in 1987 and $230,000 in 1988. The Franchise Agreement stated that service would be upgraded to 37 channels, however, Cablevision will expand the service to 42 channels. 117 of the 287 miles of street cable within the City of Fayetteville is now upgraded with a targeted completion date in the last quarter of 1989. Council discussed other concerns including comparison of rates and service with other cities and the difficulty of contacting Cablevision by telephone. Mr. Carey explained the structure and its impact on rates and service. He also indicated that Cablevision was making all efforts to make it easier for the public to reach their office. The next item for consideration was a report on the actuarial study for Police Officer Supplemental Retirement Benefits. City Manager John Smith reminded the Council of the benefits imposed by the General Assembly on the City for Police Officers including a 5 percent payment into a 401K Plan for each officer and the supplemental Retirement Benefits also known as a separation allowance. He explained that the City had not funded the separation allowance in its first year because there was some belief that the General Assembly might change the legislation. Mr. Russell Fuller of Hutchinson and Associates presented an actuarial study projecting the City's funding for the Supplemental Retirement Benefit. City Manager John Smith indicated that the City had two options. The first would be to appropriate this year's funding from the fund balance. The other would be to double fund the benefits in next year's budget. He suggested that the City Council wait until they receive the Audit Report to make a decision. The next item was a report on the status of various bond projects by City Manager John Smith. Assistant City Manager Ben Brown then reviewed for Council comments in the management letter accompanying the 1986-1987 Audit and actions taken by City staff to address these comments. The next item for Council consideration was Capital Project Ordinance Amendment Change 89-13 (Victim Advocate Program). Upon motion by Councilmember Evans, seconded by Councilmember Bolton, Council voted unanimously to approve the Amendment. There being no further business, the meeting was adjourned. SPECIAL MEETING WEDNESDAY, OCTOBER 5, 1988 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBERS WEDNESDAY, OCTOBER 5, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), and Mark Kendrick (District 6) Absent: Councilmember Wofford (District 5) - Excused Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Sally Gilmore, Attorney - Hunton & Williams, Raleigh, NC Mark Haggerty, Haggerty and Associates, Minneapolis, MN Dick Heurst, Miller Building Corporation, Wilmington, NC Herb McKim, Architect, Wilmington, NC Members of the Press Mayor Pro-Tem Evans offered the invocation followed by the Mayor leading the Pledge of Allegiance to the American Flag. At this time, Mayor Dawkins wished to acknowledge the death of Steve Nimocks, Attorney, who had served in several capacities throughout the City. He asked to send the best wishes to the family and close friends of Mr. Nimocks. City Manager John Smith was recognized. He stated that this is a workshop session and to hopefully have questions answered on the Prince Charles Hotel and City Hall project. He reviewed the occurrences since the purchase of the Prince Charles Hotel and the grant process. Mr. Smith stated that the plans for the prince Charles Hotel and the City Hall, and the basic outline of structure of financial portion of the deal so far will be presented tonight. Mark Haggerty, Finance Advisor for the developers, was recognized. He introduced those present in the audience available for questions by Council and they are developers J. J. Barnes, Garder H. Altman Jr., and John Nagel; bankers from New York; attorneys from Atlanta Bank; Miller Construction Company in Wilmington; architects from Ballard, McKim, Sawyer in Wilmington; bond attorneys from Raleigh; David Kirschenbaum with Capital Markets Corporation in New York who helped greatly in obtaining the UDAG. Mr. Haggerty then introduced Mr. Herb McKim, architect, who gave a general overview of the projects. Mr. McKim presented a model of the complex and drawings of the different floors of the City Hall for Council to inspect. Sally Gilmore, Bond Counsel with Hunton & Williams, reviewed the structure of the City Hall financing. Mr. Haggerty stated that the turn-key cost of the City Hall from the best estimates would be $5,100,000.00. There would be a savings of $2 million by using the Pittman building instead building from scratch. Mr. Haggerty stated that the Prince Charles Hotel will be back on the tax roll and employing people. He has been contacted by Howard Johnson and Radisson Hotels, both willing to operate the hotel. The occupancy deadline is December 31, 1989. Following lengthy question and answer session, Councilmember Thompson offered thus far and the finance plans as explained thus far and all of the final approval will be subject to the blanks being filled in as to the final cost, final plans and specifications, seconded by Councilmember Ross. There was further discussion and Councilmember Kendrick offered substitute motion to approve the general outline for financing, seconded by Councilmember Ross. The City Attorney advised that a stipulation should be included in the motion that this is subject to approval of all final documents, plans and specifications, and the City is not obligated to any costs if the project fails. Councilmember Kendrick amended his motion to include this stipulation and Councilmember Ross accepted the amendment. Mayor Dawkins called for a vote and it was 7 to 1 with Councilmember McBryde voting against. There being mo further business, the meeting was adjourned at 9:05 p.m. SPECIAL MEETING MONDAY, OCTOBER 10, 1988 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER MONDAY, OCTOBER 10, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large, Milo McBryde (at-large), Horace K. Thompson. Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Robert M. Bennett, City Engineer Evelyn Dorsey, Planning Technician II Jerome Brown, Transit Director Henry Powers, PWC Water and Sewer Superintendent Dr. Breeden Blackwell, Chairman of Teen Center Board of Directors Members of the Press Mayor Dawkins called the meeting to order and stated that this was a regular meeting that the date had been changed. The invocation was offered by Reverend Benny Melvin, Christ United Methodist Church, followed by the Pledge of Allegiance to the American Flag being led by the Mayor. 1. Approval of Agenda. The City Manager informed Council that Item 3.A. is not a public hearing but a regular item. Councilmember Thompson requested to abstain from Item 11 in case of any possible conflict of interest and Council Councilmember Wofford offered motion to approve the agenda with the change of Item 3.A. to a regular item before Item 4., seconded by Councilmember Pillow and carried unanimously. 2. Consent: Councilmember Wofford requested to pull Item H for discussion. Councilmember Torrey offered motion to approve the consent items with the exception of Item H and to adopt the Budget and Capital Project Ordinances, and the resolutions and ordinances, seconded by Councilmember Pillow and carried unanimously. The consent items are as follows: A. Approval of minutes of regular meeting of September 19, 1988. B. Approval of minutes of information meeting of September 26, 1988. C. Set public hearing for November 21, 1988, to consider the rezoning of Tract I from PND Planned Neighborhood District to R10 Residential District and Tract II from PND Planned Neighborhood District to M2 Industrial District or to a more restrictive zoning classification for an area located on both aides of Meharry Drive and north of Shaw Mill Road. (P88-154) D. Set public hearing for November 21, 1988, to consider the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1300 Pamalee Drive (U.S. 401 Bypass). (P88-155) E. Set public hearing for November 21, 1988, to consider an application by Frank T. Edwards 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 convalescent home in an R6 Residential District for an area located at the intersection of Raleigh Road (U.S. Highway 401) and Coronation Drive. (P88-167) F. Adoption of Budget Ordinance Amendments 89-9 and 89-10. Budget Ordinance Amendment 89-9 (Police) is necessary to account for and appropriate a $500 donation to the City from the Fayetteville Area New Car Dealers Association. The money was specifically donated for the Police Department's DARE Program. Budget Ordinance Amendment 89-10 (parks and Recreation) in the amount of $8.000 was anticipated and budgeted for this purpose. $10,000 has been received and this change is to account for and appropriate the difference of $2,000 from the State Discretionary Funds to be used for transportation for senior citizens. G. Adoption of Capital Project Ordinance Amendment Change 89-15, and Capital Project Ordinance Closeouts CLO #89-1 and #89-2. Change 89-15 is necessary to appropriate an additional $25,000 to be used for bond project administration expenses such as bond counsel fees. Closeout #89-1 is for Project 88-844 (Community Development) which was funded by the state under the Emergency Shelter Grant Program Round 2. Closeout #89-2 is for Project 87-8800 (Airport) which was funded by a Federal Grant which state and city shares. This was for Airport Runway 4/22 in the amount of $1,049,145. H. Award of contract for purchase of radio system to Motorola C&E, Inc., lowest responsible bidder. (PULLED FOR DISCUSSION) I. Adoption of resolutions to acquire Cain Road rights-of-way - parcels W-10 and E-3. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL W-10). RESOLUTION NO. R1988-92. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL E-3). RESOLUTION NO. R1988-93. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. J. Adoption of Ordinances imposing liens on the following properties: A. 801 Gillespie Street B. Lot #1 (Corner of Murchison Road and Washington Drive) C. 743 Southern Avenue Motion was made, seconded and carried unanimously at 7:16 p.m. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN (801 GILLESPIE STREET, A.B. MCMILLIAN, JR.). ORDINANCE NO. NS1988-42. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN (LOT #1-CORNER OF MURCHISON ROAD AND WASHINGTON DRIVE, WOOTEN HEIRS). ORDINANCE NO. NS1988-43. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN (743 SOUTHERN AVENUE, GEORGIA B. HAGOOD). ORDINANCE NO. NS1988-44. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1988. K. Award of contract for construction of sidewalk along Commerce Street and a portion of Turnpike Road to Nortec Construction Services, Inc. Bids were opened on September 29, 1988, and are tabulated below: Nortec Construction Services, Inc. $ 64,206.30 McDonald Grading Company $ 77,324.00 Evans Paving Company $ 77,421.54 Autry Grading Company $ 77,772.50 Barnhill Contracting Company $114,490.90 Item 2H previously pulled for discussion was heard at this time. 2H. Award of contract for purchase of radio system to Motorola C&E, Inc., lowest responsible bidder. The bids received are as follows: Motorola Communications & Electronics, Inc. $ 34,840.00 General Electric $ 36,344.60 Councilmember Wofford expressed an observation in that several bids seemed to be in the exact same amount as what is needed from the budget and requested that staff make sure that the bids are kept confidential. Mr. Smith responded that the items are usually part of a package of bid items. They then assign that amount to the department budget after the bids are in so that money will not be left in to be used for something else. Councilmember Wofford offered motion to award the contract as recommended, seconded by Councilmember Pillow and carried unanimously by voice vote. At this time Mayor Dawkins reminded everyone of the 15-minute time limit each for pros and cons on public hearing items. 3. Public Hearings: A. (This item is not a public hearing and will be considered before Item 4.) B. Consideration of Resolutions confirming PWC assessment roll and levying assessments for: 1. Sanitary Sewer Extension: a. Cumberland Road (from Camden Road to Owen Drive); b. Owen Drive (from western margin of Ruth McDougald Property to eastern margin of Florence McMilliam; and c. Lone Pine Drive. 2. Water: a. Southern Avenue 3. Sewer and Water: a. Cumberland Road (from Camden Road to Gwen Drive) RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (SANITARY SEWER EXTENSION FOR CUMBERLAND ROAD, OWEN DRIVE, AND LONE PINE DRIVE). RESOLUTION NO. R1988-94. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (WATER SYSTEM EXTENSION FOR SOUTHERN AVENUE). RESOLUTION NO. R1988-95. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (SANITARY SEWER AND WATER EXTENSION FOR CUMBERLAND ROAD). RESOLUTION NO. R1988-96. The public hearing was opened and there was none to appear in favor. Mr. John C. Klein, 2701 Cumberland Road, was recognized in opposition stating that he felt he was being charged double for water since they had paid for it when they had it put in. Henry Powers from PWC responded that they paid for the hook-on at the time of their application. However, this assessment is to help defray the cost of the main that was installed. There being none further to be heard, the public hearing was closed. Councilmember Wofford introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Pillow and carried unanimously at 7:20 p.m. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. At this time, the item listed on the agenda as 3A was heard. 3.A. Consideration of the initial zoning of Tract A to R15 Residential District; the initial zoning of Tract B to R10 Residential District; the initial zoning of Tract C to R6 Residential District; the initial zoning of Tract D to C1 Local Business District; the initial zoning of Tract E to C1(P) Shopping Center District; the initial zoning of Tract F to C3 Heavy Commercial District; and the initial zoning of Tract G to M2 Industrial District or to more restrictive zoning classifications for an area located on both sides of Cedar Creek Road (N.C. Hwy 210/53), south of N.C. Hwy 24 and east of the Cape Fear River. Being all of Annexation No. 88-7-314, Area #11, known as “East Fayetteville.” (P88-148) Mayor Pro-Tem Evans offered motion to approve the initial zoning as recommended, seconded by Councilmember Kendrick and carried 7 to 2 with Councilmembers Ross and Torrey voting no. At this time Councilmember Ross requested that the Mayor recognize the Boy Scouts present tonight. Lee Wallace introduced the three Scouts who were with Troop 797. 4. Presentation by John Hornaday, Jr., on Cape Fear Teen Center. This item will be taken up later in the meeting because Mr. Hornaday has not arrived. 5. Presentation by Rosalie Kelly and Bill Hurley, Co-Chairpersons of the Bicentennial Committee, on the Market House Project. Rosalie Kelly gave a report on some of the findings of the structure of the building and the contribution drive so far. She expressed special thanks to the Fayetteville Publishing Company for their work in soliciting for contributions. Bill Hurley reported on the finances and requested that Council transfer funds from the Farmers Market project to the restoration project so that their work can begin. The money is to be replaced later. Following some discussion Councilmember McBryde offered motion to transfer the funds as requested. seconded by Councilmember Wofford and carried unanimously At this time Ms. Ross offered a motion to ban smoking from the Council Chambers. Mayor Dawkins reminded Ms. Ross that action cannot be taken unless it is an item on the agenda. Ms. Ross requested that this be done. 5. Presentation by John Hornaday, Jr.. on Cape Fear Teen Center. Dr. Breeden Blackwell appeared on this matter and reported that the students have had a great deal of input in the planning of this center. They are in the process of interviewing applicants for the director of the center. Dr. Blackwell gave an update on the project and thanked Council for their financial support. Following some discussion Councilmember Ross offered motion to approve the plan, seconded by Councilmember Kendrick and carried unanimously. 6. Appearance by Representative of Country Club North Association. Ms. Darlene A. Gilligan, 602 Stonington Drive, Secretary to the Country Club North Community Association was recognized with a request to reduce the speed in the area due to the dangerous curves and intersections. Councilmember Bolton requested that speed enforcement by police be increased in that area because it is dangerous. Ms. Gilligam accepted this suggestion. Mayor Pro-Tem Evans requested that City Engineer also check into the same situation at Mirror Lake Drive and Fox Hall in that traffic has to go into the street to see if a vehicle is approaching. 7. Consideration of adoption of assessment rolls for Water, Sanitary Sewer and Street Paving for: A. Coffman Street from Cumberland Road to Dead End: 1. Resolution ordering paving 2. Resolution ordering sanitary sewer extension B. Dinmont Circle from Eugene Street to Cul-de-sac: 1. Resolution ordering paving 2. Resolution ordering sanitary sewer extension C. Eugene Street from Coffman Street westerly to Cul-de-sac: 1. Resolution ordering paving 2. Resolution ordering sanitary sewer extension D. Little Beaver Drive from Nato Road to Fargo Drive: 1. Resolution ordering paving 2. Resolution ordering sanitary sewer/water extension E. Nato Road from Owen Drive to Dead End: 1. Resolution ordering paving 2. Resolution ordering sanitary sewer extension 3. Resolution ordering water extension F. Phillies Circle from Nato Road to Owen Drive: 1. Resolution ordering paving 2. Resolution ordering sanitary sewer extension 3. Resolution ordering water extension G. Fargo Drive from Nato Road to Northeast Margin of Lot 16, Plat Book 29, Page 53: 1. Resolution ordering paving 2. Resolution ordering sanitary sewer extension 3. Resolution ordering water extension The City Attorney presented this item and stated that the only assessment roll that was left open for public hearing was that of Mr. Clyde Williams because he did not receive notice of the public hearing on 7 E. due to it being sent to the previous owner and the property at 3309 Nato Road, Lot 15, of Mr. Elbert M. Snead. Mr. Cogswell stated that Mr. Snead had taken issue with the fact of the improvement of his property. Mr. Cogswell stated that Council had closed all the public hearings except for Mr. Snead's and Mr. Williams' property to allow appraisal on Mr. Snead's property and for Mr. Williams to be notified. Mr. Snead had the appraisal done and only has two of the three lots that can be used. The third lot has a CP&L power line across it with a swamp behind the power line. Henry Powers stated that PWC will not assess his property unless it is developed. The paving assessment is the only one pending. The public hearing was closed. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (PAVING COFFMAN STREET). RESOLUTION NO. R1988-97. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (SANITARY SEWER EXTENSION FOR COFFMAN STREET). RESOLUTION NO. R1988-98. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (PAVING DINMONT CIRCLE). RESOLUTION NO. R1988-99. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (SANITARY SEWER EXTENSION FOR DINMONT CIRCLE). RESOLUTION NO. R1988-100. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (PAVING EUGENE STREET). RESOLUTION NO. R1988-101. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (SANITARY SEWER EXTENSION FOR EUGENE STREET). RESOLUTION NO. R1988-102. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (PAVING LITTLE BEAVER DRIVE). RESOLUTION NO. R1988-103. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (SEWER AND WATER EXTENSION FOR LITTLE BEAVER DRIVE). RESOLUTION NO. R1988-104. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (PAVING NATO ROAD). RESOLUTION NO. R1988-105. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (SEWER AND WATER EXTENSION FOR NATO ROAD). RESOLUTION NO. R1988-106. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (PAVING PHILLIES CIRCLE). RESOLUTION NO. R1988-107. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (SEWER AND WATER EXTENSION FOR PHILLIES CIRCLE). RESOLUTION NO. R1988-108. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (PAVING FARGO DRIVE). RESOLUTION NO. R1988-109. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (SEWER AND WATER EXTENSION FOR FARGO DRIVE). RESOLUTION NO. R1988-110. Following some discussion Councilmember Wofford introduced the foregoing resolutions and moved their adoption with the exception of the Snead lot on Nato Road for paving, seconded by Councilmember Pillow and carried at 8:31 p.m. with a vote of 8 to 1 with Councilmember Ross voting against. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. 8. Report from Streets. Roads and Transportation Committee meeting of September 21, 1988: Consideration of adoption of resolutions to set public hearings to consider closings of a portion of Gurley Street, a portion of Weiss Avenue, Dean and Walker Streets. This was presented by City Engineer Bob Bennett stating that these streets are of no use to the general public and recommends setting public hearings for November 7. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF DEAN STREET. RESOLUTION NO. R1988-111. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF GURLEY STREET. RESOLUTION NO. R1988-112. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF WEISS AVENUE. RESOLUTION NO. R1988-113. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF WALKER STREET. RESOLUTION NO. R1988-114. Councilmember Bolton introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Wofford and carried unanimously. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. * At this time, Councilmember Wofford requested that Streets and Roads Committee look into the synchronization of the traffic lights downtown. Also on Sunday, the traffic lights should blink instead of the normal operation because of the lack of traffic. Councilmember Wofford also wanted someone to check into a better way of collecting the City license fees for the automobiles. 9. Consideration of revisions to traffic ordinance schedules. A. Request from FTCC for prohibiting parking on a portion of Hull Road between Devers Street and Ft. Bragg Road. This item was presented by Bob Bennett who recommended adoption. Mayor Pro-Tem Evans offered motion to adopt the ordinance, seconded by Councilmember Bolton. Following some discussion, Councilmember Boltom withdrew his second and another second was not offered. Councilmember Bolton then offered motion to continue this item and refer to staff, seconded by Councilmember Kendrick and carried unanimously. B. Revision of school zone area on Ft. Bragg Road - Alma Easom School. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC. OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1988-45. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. C. Stop intersection for Wagoner Drive and Sycamore Dairy Road. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC. OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1988-46. Councilmember Wofford introduced the foregoing ordinance and moved its adoption. seconded by Mayor Pro-Tem Evans and carried unanimously. D. Addition of school zone speed limit on Levy Drive and Ashley Elementary School. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1988-47. Councilmember Thompson introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross and carried unanimously. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1988. 10. Consideration of request to pave, without petition. May Street from Reaves Street to Powell Street. Mr. Bennett stated that Frank B. Maness had made an attempt to get a petition signed, however, only one resident who resides on this section of May Street had signed the petition. Therefore, he requested that Council approve the paving of all of May Street. Mr. Bennett recommended that a public hearing be set for November 21. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF MAY STREET FROM POWELL STREET TO REAVES STREET. RESOLUTION NO. R1988-115. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. 11. Consideration of modification of Downtown Commercial Loan and approval of re-extension. Mayor Pro-Tem Evans offered motion to follow the recommendation and modify and re-extend the Downtown Commercial Loan, seconded by Councilmember Bolton and carried 8 to O with Councilmember Thompson abstaining. 12. Consideration of adoption of Cumberland County-City of Fayetteville Transportation Development Plan. This item was presented by Jerome Brown recommending adoption of the plan. Mayor Pro-Tem Evans offered motion to follow the recommendation, seconded by Councilmember Pillow and carried unanimously. 13. Consideration of amendment to zoning ordinance to give jurisdiction to Fayetteville Historic Resources Commission for sign review within Historic District. Mayor Pro-Tem Evans offered motion to refer this item to the Planning Board as recommended, seconded by Councilmember Thompson and carried unanimously. 14. Consideration of approval of proposed taxicab fare increases. This item was presented by Assistant City Manager Roger Stancil. Following discussion, Councilmember Thompson made the recommendation that the flag drop be $1.10, mileage be $1.20 and waiting time be $1 per five minutes which would be $12 per hour, be offered to the Taxi Industry. 15. Consideration of adoption of Resolutions directing the City Clerk to investigate a petition for annexation received under G.S. 160A-31. This item was presented by City Manager John Smith. A. Yates Property (438 Derose Drive) B. Riddle Property - Waffle house Site and Adjacent Land (Cedar Creek Road) RESOLUTION DIRECTING THE CITY CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 (YATES PROPERTY-438 DEROSE DRIVE). RESOLUTION NO. R1988-116. RESOLUTION DIRECTING THE CITY CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 (RIDDLE PROPERTY-WAFFLE HOUSE SITE AND ADJACENT LAND-CEDAR CREEK ROAD). RESOLUTION NO. R1988-117. Mayor Pro-Tem Evans introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Kendrick, carried 7 to 2 with Councilmembers Torrey and Ross voting no. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. 16. Appointments: A. Nomination/election to fill one vacancy on Fayetteville Appearance Commission. Councilmember Wofford moved to elect Marci Kovell, 500 Southland Drive, Fayetteville, NC 28311, seconded and carried unanimously. B. Nominations to fill three vacancies on Historic Resources Commission. Councilmember Pillow nominated for re-election W. Edward Murphy C. John Malzone, and Frank Brown. C. Nominations to fill three vacancies on Parks and Recreation Advisory Commission. Nominations were made as follows: George Armstrong by Councilmember McBryde, Beatrice Matthews by Mayor Pro-Tem Evans, John D. Marshall, Jr., by Councilmember Torrey, Theodore Papadeas by Councilmember Ross, James Lollis by Councilmember Wofford, and Wilma Mazarick by Councilmember Kendrick. 17. Administrative Reports: A. Statement of taxes collected for the month of September 1988 from Cumberland County Tax Collector. The tax report was submitted showing total collections of $595,674.03. B. Report on temporary closing of Clark Park. This report was presented in the agenda packet. Councilmember McBryde reminded everyone of the Policy Committee meeting tomorrow night. There being no further business, the meeting was adjourned at 9:15 p.m. REGULAR MEETING MONDAY, OCTOBER 17, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, OCTOBER 17, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Robert M. Bennett, City Engineer Janice Gerald, Community Development Director G. Allen Mitchell, Assistant City/County Planning Director Sandy Saunders, Chairman, Parks and Recreation Advisory Commission Members of the Press The meeting was called to order by the Mayor and the invocation was offered by Major Robert Melton, Salvation Army, followed by the Pledge of Allegiance being led by the Mayor. At this time Mayor Dawkins stated that the City Manager and City Attorney had requested an executive session for a report of a crime investigation. 1. Approval of Agenda Councilmember Thompson offered motion, seconded by Mayor Pro-Tem Evans to approve the agenda, carried by unanimous voice vote. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. There being no request for removal, Mayor Pro-Tem Evans made a motion to approve the consent agenda and each item as presented. After a second from Councilmember Bolton, the consent agenda and following items were unanimously approved by voice vote: A. Adoption of resolution setting public hearing for November 21, 1988, to consider the closing of the following: 1. Alley adjacent to Prince Charles Hotel 2. A portion of Maiden Lane PRELIMINARY NOTICE OF INTENT TO CLOSE PRINCE CHARLES ALLEY. R1988-118. PRELIMINARY NOTICE OF INTENT TO CLOSE A PORTION OF MAIDEN LANE. R1988-119. B. Adoption of Budget Ordinance Amendment 89-11. For the Police Department, mounted patrol division from $100 donation from the Cape Fear Fair Association. C. Adoption of Capital Project Ordinance Amendments 89-16, 89-17, 89-18, 89-19, 89-20 and Capital Project Ordinances 89-841, 89-861. Amendments 89-16, 89-17, 89-18 is to transfer funds from Farmer's Market Project to Market House Project. Amendments 89-19 and 89-20 is to transfer funds from Powell Bill Fund and PWC for engineering services required within the annexation project. Ordinance 89-861 is to set up funding for the bicentennial celebration. Ordinance 89-841 is for new grant funding received from the Crime Victims Program. D. Adoption of resolution acquiring Cain Road rights-of-way - parcels W-8 and W-8A. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL W-8). RESOLUTION NO. R1988-120. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL W-8A). RESOLUTION NO. R1988-121. E. Approval of Lease Agreement between City of Fayetteville and Bragg Mutual Federal Credit Union for office space in City Hall basement. F. Award of contract for purchase of Emergency Standby Power Generator to Gregory Poole Equipment Co., low bidder. (PWC) Bids were received September 6, 1988, as follows: Gregory Poole Equipment Co. $24,318.00 Owsley and Sons, Inc. $24,365.00 Covington Diesel, Inc. $26,611.00 G. Award of contract for purchase of nine 25KV Vacuum Circuit Breakers to Hesco, Inc., low bidder. (PWC) Bids were received September 27, 1988, as follows: Hesco, Inc. $175,860.00 Mill-Power Supply $242,190.00 Westinghouse Electric Supply $260,820.00 McGraw-Edison $327,753.00 H. Award of contract for purchase of 10 Group Operated Disconnect Switches to Hesco, Inc., low bidder. (PWC) Bids were received October 4, 1988, as follows: Hesco, Inc. $90,690.00 Joslym Corporation $96,870.00 Eastern Electric $97,830.00 Mill-Power Supply $98,800.00 Westinghouse Electric $220,380.00 Copies of the foregoing resolutions and ordinances are on file in the Clerk's office in Resolutions Book R1988 and Capital Project Ordinances Book 1988. 3. Public Hearings: Mayor Dawkins explained the policy on the 15-minute time limit for those speaking in favor and those speaking in opposition. A. Consideration of the rezoning from R15 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 3622 Morganton Road. (P88-141). Al Mitchell, Assistant City/County Planning Director, presented this item and stated that the Planning Board recommends approval of two lots adjacent to Morganton Road and denial of the northernmost tract. A valid protest petition has been received. The public hearing was opened and Stacy Weaver, Attorney representing petition John Koenig, appeared in favor. Appearing in opposition was David Nichols, 4520 Farmbrook Road; Julie Aul, 501 Windwood on Skye; Jackie Nichols, 4520 Farmbrook Road; and Charles Kirkman, Farmbrook Road. They all felt traffic would increase the existing traffic congestion. Approximately 100 people were in attendance in opposition to the rezoning. There being none further to be heard on this matter, the public hearing was closed. Councilmember Wofford offered motion to disapprove the request for rezoning, seconded by Councilmember Ross. Councilmember Thompson requested that the records show he feels this is infringing on a residential area to rezone. Mayor Dawkins called for a vote and it was unanimous. B. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 1807 Conover Drive. (P88-134) This item was presented by Al Mitchell with a recommendation from the Planning Board for denial. There was a valid protest petition submitted. The public hearing was opened and there was no one to speak in favor. Appearing in opposition was Brian Holmes, 1819 Conover Drive, and Mrs. Luther B. Black, Sr., 1816 Conover Drive. They both concurred that this was encroachment on residential area and increased traffic would cause danger to the neighborhood. There being none further to be heard, the public hearing was closed. Councilmember Kendrick offered motion to deny the rezoning request, seconded by Councilmember Ross and carried unanimously. C. Consideration of amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, Article VII “Off-Street Parking and Loading Space,” Section 32-56 “General Requirements: addressing commercial, for hire vehicles, parking in residentially zoned districts.” (P88-125) This item was presented by Al Mitchell with no recommendation from the Planning Board. The public hearing was opened and there was none appearing for or against. The public hearing was closed. AN ORDINANCE AMENDING SECTION 32-56 “GENERAL REQUIREMENTS” FOR OFF-STREET PARKING AND LOADING SPACE OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1988-15A. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption with warnings to be given first time, seconded by Councilmember Bolton. Upon recommendation by the City Attorney, the motion and second was amended to include a 60-day time limit for warnings. The vote was called and it was unanimous. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1988. D. Consideration of an application by Taft's Creative Service Council Inc. and 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 in a R6 Residential District for an area located at 109 Sunset Avenue. (P88-139) Al Mitchell presented this item stating that the Planning Board recommended approval with findings that the use shall fit in with the character of the area in which it is proposed and that the proposed use would not be detrimental to the surrounding neighborhood. The public hearing was opened and Barbara T. Leach, petitioner for the Special Use Permit, was recognized in favor. There was none opposed and the public hearing was closed. Councilmember McBryde offered motion to approve the ·Special Use Permit with the recommended findings, seconded by Councilmember Wofford and carried unanimously. E. Consideration of an application by Robin Jones 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 convalescent home in a R5 Residential District for an area located at 327, 329 and 331 Vanstory Street. (P88-146) Al Mitchell presented this item with a recommendation to approve with the following conditions: 1. That the use fits in with the character of the area in which it is proposed and that the proposed use would not be detrimental to the surrounding neighborhood. 2. That the site be developed in accordance with the site plan as submitted. 3. That the proposed convalescent home be licensed and operated in accordance with the applicable local and state regulations. 4. That all electrical and mechanical devices and first floor elevations be constructed above the 100-year flood elevation of 86.0 feet above Mean Sea Level according to F.E.M.A. firm maps and that no construction or fill material take place within the floodway which is 75 feet from center line of Blount's Creek. City Engineer Bob Bennett requested a condition for 25 feet of the right-of-way off center line of existing street. Also, the floodway easement as well as sanitary sewer easement that is already there at Blount's Creek be shown and respected with the developer. The public hearing was opened and Robin Jones, 763 Chadwick Road, representing Mary Hicks and Donald Hicks, 1331 Odom Drive, appeared in favor. Appearing in opposition was Christina Smith, 412 Wilmington Road, stating that area residents had requested the entire area be rezoned from commercial to residential. They want more homes instead of businesses and they have been in contact with Habitat who is willing to work in that area. Councilmember Ross offered motion, seconded by Councilmember Torrey to deny the Special Use Permit. Following discussion, substitute motion was made by Councilmember McBryde, seconded by Councilmember Bolton to approve the Special Use Permit with the recommended findings. The motion carried 6 to 3 with Councilmembers Ross, Wofford, and Torrey voting against. F. Consideration of an application by Robin Jones 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 convalescent home in an R5A Residential District, for an area located at 2305 Slater Avenue. (P88-147) Al Mitchell presented this item and recommended approval with the following findings: 1. That the use fits in with the character of the area in which it is proposed and that the proposed use would not be detrimental to the surrounding neighborhood. 2. That the site be developed in accordance with the site plan as submitted. 3. That the proposed convalescent home be licensed and operated in accordance with the applicable local and state regulations. The public hearing was opened and Robin Jones was recognized in favor. There was none opposed, and the public hearing was closed. Mayor Pro-Tem Evans offered motion to approve the Special Use Permit with the recommended findings, seconded by Councilmember Bolton and carried 7 to 2 with Councilmembers Ross and Torrey voting against. 4. Consideration of award of purchase contracts for the following: A. Two street sweepers to North Carolina Equipment Company City Manager John Smith stated that the agenda should show two street sweepers instead of one. They negotiated the amount down to the exact amount of the budget. The low bidder could not meet specifications. Bids received were as follows: Bruder/Sharpe, Inc. $174,318.00 North Carolina Equipment Co. $180,000.00 Councilmember Wofford offered motion to award the contract to the lowest responsible bidder meeting quality requirements, North Carolina Equipment Company in the amount of $180,000.00, seconded by Mayor Pro-Tem Evans and carried unanimously. B. 150 radios to Motorola Communications and Electronics, Inc. Mr. Smith presented this item stating they are recommending the lowest bidder meeting specifications. Bide received were as follows: Piedmont Communications Co., Inc. $ 97,573.50 Motorola Communications and Electronics, Inc. $104,400.00 General Electric $124,708.50 Councilmember Thompson offered motion to award the contract to the lowest responsible bidder meeting quality requirements, Motorola Communications and Electronics, Inc., in the amount of $104,400.00, seconded by Councilmember Bolton and carried unanimously. 5. Consideration of accepting for maintenance, a number of streets in Annexation Area #11 - East Fayetteville. The City Engineer presented a list of the streets in the agenda packet as follows: STREET NAME FROM TO Abraham Avenue Deep Creek Road Jacob Street Jacob Street Abraham Avenue Cade Hill Avenue Jacob Street Cade Hill Avenue End of Travelway Staley Street Sage Street End of Travelway Elba Street Griffin Street Oxford Street Griffin Street Troy Drive Oxford Street Oxford Street Little Street Griffin Street Carriage Road Locks Creek Road End of Pavement Coldwater Drive Carriage Road End of Pavement Windmill Road Coldwater Drive End of pavement Locks Creek Road Cedar Creek Road End of Pavement ACCEPTANCE FOR MAINTENANCE OF CERTAIN STREETS IN ANNEXATION AREA #11-EAST FAYETTEVILLE. RESOLUTION NO. R1988-122. Councilmember Thompson introduced the foregoing resolution and moved its adoption, seconded by Mayor Pro-Tem Evans and carried 8 to 1 with Councilmember Ross voting no. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. 6. Consideration of amendment of Sections 22-40 and 22-41 regarding leave for City employees. Mr. Smith stated that this amendment would put all employees working a 40-hour week on the same basis so far as leave accumulation which is 8 hours per month vacation and 8 hours per month sick leave. ORDINANCE AMENDING CHAPTER 22, “PERSONNEL” OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1988-16. 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 Ordinances Book S1988. 7. Consideration of Resolution fixing date of public hearing on question of annexation pursuant to G.S. 160A-31, as amended. A. Yates Property (438 Derose Drive) (Recommended public hearing date is November 7, 1988) B. Riddle Property - Waffle House Site and adjacent land (Cedar Creek Road) (Recommended public hearing date is November 7, 1988) RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED (YATES PROPERTY-438 DEROSE DRIVE). RESOLUTION NO. R1988-123. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED (RIDDLE PROPERTY-WAFFLE HOUSE SITE AND ADJACENT LAND-CEDAR CREEK ROAD). RESOLUTION NO. R1988-124. Councilmember Thompson introduced the foregoing resolutions and moved their adoption setting the public hearing for November 7, 1988, seconded by Mayor Pro-Tem Evans and carried 7 to 2 with Councilmembers Ross and Torrey voting no. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. 8. Report from Policy Committee: Councilmember McBryde, Chairman of the Policy Committee, presented this report. He stated that the Committee recommended that Councilmember Ross request to reconsider policy on smoking during council meetings be placed on agenda with information that the Policy Committee's original recommendation was for the term of this council. The Committee also voted unanimously to recommend that all Commissions established by ordinance submit a brief written annual report on a calendar year basis due by the end of March of each year. Councilmember McBryde further reported that the Policy Committee ask the City Attorney to develop a policy for consideration at the next regular council meeting eliminating the three-fourths vote that would allow speakers on non-public hearing items. The City Attorney recommended adding to paragraph B of the policy on Procedures at Council Meetings the words: “This paragraph is not subject to suspension under Roberts Rules of Order.” This means that if someone wanted to speak on an issue, two-thirds of the Council will have to vote to have a public hearing. Following discussion, Mayor Pro-Tem Evans offered motion to approve recommendations and to amend the policy as recommended, seconded by Councilmember Pillow. The motion carried 8 to 1 with Councilmember Wofford voting no. Councilmember McBryde presented a new policy as follows: Policy on Information Meetings It shall be the policy of the City Council not to entertain motions for a vote of council at information meetings unless the agenda for the meeting indicates council action will be requested and backup information regarding the matter to be voted upon has been provided prior to the meeting. Councilmember Wofford offered motion to adopt the policy, seconded by Councilmember Pillow and carried unanimously. Councilmember McBryde reviewed the procedures previously adopted by ordinance at the request of the Policy Committee. He also distributed this list to each Councilmember to be placed in their drawer. Councilmember Kendrick and Councilmember Wofford concurred that the information given by the Mayor at the beginning of the public hearings should include rebuttal time within the 15-minute limit. 9. Consideration of resolution recommending the Cape Fear River as a Canoe Trail. This item was presented by Sandy Saunders, Chairman, Parks and Recreation Advisory Commission. He stated this resolution is intended to allow the Cape Fear River to fit into the state's plan to make a canoe trail all the way from the mountains to the sea and the commission is requesting that it maintain its wilderness appearance. Resolution No, R1989-125 RESOLUTION The City Council of the City of Fayetteville, North Carolina, meeting on the 17th day of October 1988, does hereby adopt the following resolution: WHEREAS, the City of Fayetteville has adopted a Resolution which designates the Cap. Fear River as a Canoe Trail throughout the said City; and WHEREAS, numerous citizens of the City of Fayetteville use the said Cape Fear River for the purpose of canoe trips and other recreational ventures; and WHEREAS, the Cape Fear River now exists mostly in its natural state and should be preserved in that said state as far as possible; BE IT THEREFORE RESOLVED, by the City Council of the City of Fayetteville, North Carolina, that the Cape Fear River be and is hereby designated as a Canoe Trail within the boundaries of the City of Fayetteville. Adopted this 17th day of October, 1988. J.L. Dawkins, Mayor Attested By: Bobbie A. Joyner, City Clerk Following brief discussion, Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. 10. Presentation by Parks and Recreation Advisory Commission regarding public/private joint venture golf course feasibility study. Sandy Saunders presented this item asking Council's wishes as to whether to proceed with the municipal golf course or discontinue the idea. Following some discussion, Mayor Pro-Tem Evans offered motion to approve the continuation of the feasibility study, seconded by Councilmember Thompson and carried 7 to 2 with Councilmember Pillow and Ross voting no. 11. Consideration of participation in Home Improvement Loan Program sponsored by NC Housing Finance Agency. This item was presented by Janice Gerald, Community Development Director, recommending approval. Following brief discussion, Mayor Pro-Tem Evans offered motion to approve as recommended, seconded by Councilmember Kendrick and carried unanimously. 12. Consideration of adoption of resolution authorizing exchange of police weapons. The City Manager presented this item and recommended authorization to advertise exchange of police weapons. Councilmember Wofford offered motion to follow the recommendation, seconded by Councilmember McBryde and carried unanimously. 13. Consideration of creation of new Chapter 24 of the Fayetteville City Code. John Smith presented this item stating that the intent of this ordinance is to remove the abolished Civil Service Commission from the Charter. AN ORDINANCE OF THE CITY COUNCIL CREATING A NEW CHAPTER 24, “POLICE” OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1988-17. Councilmember Thompson introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Wofford and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances S1988. 14. Reconsideration of request from Councilmember Ida Ross for change in smoking policy in City Council Chambers. Councilmember Ross presented this item including the Surgeon General's reported figures on exposure to smoke and offered motion to discontinue smoking in the Council Chambers when the public is in attendance, seconded by Councilmember Thompson. Councilmember McBryde stated that the Policy Committee had recommended that the policy remain as is for the rest of this council's term and made a substitute motion to allow smoking, seconded by Councilmember Bolton. There was further discussion. The Mayor called for a vote, and the substitute motion carried 5 to 4 with Councilmembers Wofford, Ross, Torrey, and Thompson voting no. 15. Appointments: A. Election of nominations to Historic Resources Commission. Councilmember Pillow offered motion to elect W. Edward Murphy, C. John Malzone, and Frank Brown by acclamation to serve a second term to October 1990, seconded by Councilmember Kendrick and carried by unanimous voice vote. 13. Election-of nominations to Parks and Advisory Commission. The Mayor called for a vote to fill the three vacancies and they were as follows: elected were George Armstrong with 7 votes, Beatrice Matthews with 6 votes and John D. Marshall, Jr., with 7 votes to serve a term to October 1990. Theodore Papadeas, James Loll is, and Wilma Mazarick each received three votes and their names will remain on file as being interested in serving. 16. Administrative Reports: A. Status of current resurfacing contract. This item was presented in the packet and attached to the minutes is a listing of the streets that have been resurfaced and have been prepared or preparation begun for resurfacing. At this time, Councilmember Kendrick offered motion to enter executive session for a report of criminal investigation, seconded by Councilmember McBryde and carried unanimously at 9:56 p,m, Council reconvened into regular session at 10:16 p.m., and there being no further business, adjourned. Please Note: To view the table listing the resurfacing of varios streets (Engineering Project # B17-356-87), please see Book W, page 671 of the City of Fayetteville Meeting Minutes. REGULAR MEETING MONDAY, NOVEMBER 7, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, NOVEMBER 7, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr., (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), and Mark Kendrick (District 6) Absent: Councilmember Milt Wofford (District 5) - Excused 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 Robert M. Bennett, City Engineer Richard Herrera, Community Services Director Tim Wood, PWC Manager G. Allen Mitchell, Assistant City/County Planning Director Danny Fore, Executive Director, Fayetteville Area Economic Development Corporation Johnnie Godwin, President, Taxicab Owners Association Members of the Press Reverend Willis Mitchell, Second Baptist Church, Wilmington Road, offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Major Dawkins recognized Troop and Pack 957 from Manna Church. Mayor Dawkins asked if there were any objections to an excused absence being given to Councilmember Wofford due to him being out of town and there were none. At this time there was discussion concerning changing the regular meeting of December 5 to December 12 because of National League of Cities meeting. Councilmember Kendrick offered motion, seconded by Councilmember Thompson to change the regular meeting from December 5 to December 12, carried unanimously 8 to 0 by voice vote. Mayor Dawkins then noted that Items 2.H. I, K, and M, dates for setting public hearings would need to be changed also. 1. Approval of Agenda Councilmember Kendrick offered motion to approve the agenda items with the changes, 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. There being no requests for removal, Councilmember McBryde offered motion to approve the consent agenda and each item as presented. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved 8 to 0: A. Approval of minutes of Special Meeting of October 5, 1988. B. Approval of minutes of Special Meeting of October 10, 1988. C. Award of contract for purchase of wastewater sludge thickening chemicals to Allied Colloids, low bidder meeting performance requirements. (PWC) Bids received were as follows: Per Pound Per Dry Ton Allied Colloids $1.74 $ 9.57 Stockhausen, Inc. $1.19 $11.90 Nalco Chemical Company $1.10 $12.38 Allied Signal $O.94 $ 3.9762 (Allied Signal did not meet performance requirements, per PWC Specs.) D. Award of contract for services to load, transport and land apply 8,000,000 gallons sludge to Biogro Systems, low bidder. (PWC) Bids received were as follows: Per Gal. Total Biogro Systems $.0177 $141,600.00 Soil & Material Engineers $.0184 $147,200.00 Amsco, Inc. $.0199 $159,600.00 E. Award of contract for purchase of various size transformers to the following low bidders: (PWC) Each Total Bid Westinghouse: 25 kVa Overhead $ 645.00 $ 64,500.00 75 50 kVa Overhead $ 879.00 $ 65,925.00 Hesco: 100 50 kVa Padmount $1,228.00 $122,800.00 Mill-Power Supply: 25 25 kVa Padmount $ 982.00 $ 24,550.00 National Transformer: 125 15 kVa Overhead $ 483.00 $ 60,375.00 F. Award of contract for construction of the Cross Creek Wastewater Treatment Plant Laboratory, as follows: (PWC) General Contractor -Ace Construction Company, Inc. $176,913.00 Plumbing Contractor -Haire Plumbing $ 45,935.00 Mechanical Contractor- T. R. Driscoll, Inc. $ 12,693.00 Electrical Contractor- Watson Electrical Construction Co. $19,889.00 G. Approval of tax refunds to the following: 1. Waltruat Geres in the amount of $27.49, assessed value in error. 2. John and Edna Landis in the amount of $24.14, military exemption not given. LES filed. 3. Terry Lincoln in the amount of $69.53, military exemption not given. LES filed. 4. Annie B. Powell Estate in the amount of $106.17, senior citizens exemption failed to be keyed. 5. First Union Commercial Corp. in the amount of $999.09, equipment listed in wrong county. 6. Barclays American Mortgage Corp. in the amount of $128.86 (Rwejuna, Israel and Wife), auto double-listed. 7. Oscar L. Phillips, Jr., in the amount of $47.52, clerical error - billed in wrong tax district. H. Set public hearing for December 12, 1988, to consider the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1309 Morganton Road. (P88-168) I. Set public hearing for December 12, 1988, to consider the rezoning from R6 Residential District and C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 925 Deep Creek Road. (P88-173) J. Approval of the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located west of Skibo Road (U.S. 401 Bypass) and north of Morganton Road (S.R. 1404). Being all of Annexation No. 88-6-313, Area #8 known as “Cross Creek Plaza." (P88-132) K. Set public hearing for December 12, 1988, to consider construction of drainage outfall for Elm Street. PRELIMINARY RESOLUTION REQUIRING THE CONSTRUCTION AND RECONSTRUCTION OF A STORM SEWER OUTFALL/DRAINING SYSTEM FOR A PORTION OF ELM STREET. RESOLUTION NO. R1988-127. L. Set public hearing for November 21, 1988, to consider revisions to Minimum Housing Enforcement Ordinances. M. Set public hearing for December 12, 1988, to consider paving Community Drive pursuant to petition. PRELIMINARY ASSESSMENT RESOLUTION. RESOLUTION NO. R1988-128. N. Adoption of resolution to acquire Cain Road right-of-way - Parcel W-7. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1988-129. O. Award of contract for purchase of heavy duty dump trailer to Cavalier Equipment Corporation, lowest responsible bidder. Bids received were as follows: Cavalier Equipment Corporation $24,902.96 Fontaine Truck Equipment Company $26,900.00 P. Adoption of Budget Ordinance Amendment Changes 89-12, 89-13, and 89-14. Amendment 89-12 (Police) is to transfer monies from General Fund to Law Enforcement Officers Special Separation Allowance Fund. Amendment 89-13 (Parks and Recreation) is to account for discretionary money appropriated to us by the state (Rep. Raynor) for expenses related to the Senior Citizens Center. Amendment 89-14 is to account for discretionary money received from the State for the Fayetteville Business and Professional Womens Association and the Fayetteville Womens Club. Each grant was for $1,500.00 and the funds are to be used for community programs. Q. Adoption of resolution authorizing exchange of police weapons. RESOLUTION AUTHORIZING THE EXCHANGE OF WEAPONS. RESOLUTION NO. R1988-130. 3. Public Hearings: A. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, North Carolina (pursuant to G.S. 160A-31, as amended) (Riddle Property - Waffle House Site and adjacent land - Cedar Creek Road). This item was presented by the Assistant City Manager for Operations stating that this was a petitioned annexation request and is contiguous to the City. The current and projected population is zero. Following Mr. Stancil's presentation, the public hearing was opened and Mr. Al Rumbough, representing the petitioners was recognized. There was none appearing against the annexation. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (RIDDLE PROPERTY - WAFFLE HOUSE SITE AND ADJACENT LAND). ANNEXATION ORDINANCE NO. 88-11-315. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Bolton, carried 7 to 1 with Councilmember Torrey voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinances Book 1988. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, North Carolina (pursuant to G.S. 160A-31, as amended) (Yates Property - 438 Derose Drive). Assistant City Manager Stancil presented this item and stated that it was a petitioned annexation, it is contiguous to the City, and there is a population of one. Following Mr. Stancil's presentation, the public hearing was opened and Mrs. Ernestine Yates, 438 Derose Drive, was recognized questioning how much it would cost for them to get sewer services. PWC Manager Wood responded that due to the peculiarities of the topography in that area the cost would be $14,700.00 for sewer to be made available. Mr. Smith also responded that in 1990 the entire area is going to be considered for annexation and Ms. Yates might want to consider waiting until this time for sewer. All other services will be provided. There was none appearing in opposition and the public hearing was closed. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (YATES PROPERTY, 438 DEROSE DRIVE). ANNEXATION ORDINANCE NO. 88-11-316. Councilmember Bolton introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 7 to 1 with Councilmember Torrey voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinances Book 1988. C. Consideration of annexation of Area 12 (Clark-Coble Property, Cedar Creek Road). Assistant City Manager Stancil presented this report stating that no letters had been returned undeliverable and submitted a Certificate of Notice to the Clerk. Mr. Wood reported that water and sewer is available. The public hearing was opened and Mrs. Mildred Clark, Route 23, Box 108, questioned how the annexation affects their retail store. Mr. Mitchell responded that it would become a non-conforming use. There was none to appear in opposition and the public hearing was closed. Council took no action. D. Consideration of annexation of Area 13 (Perry Property, Cedar Creek Road). Mr. Stancil presented this item and stated that no letters had been returned undeliverable and submitted the Certificate of Notice to the Clerk. There is water and sewer available to this area. The public hearing was opened and there was none to appear for or against. The public hearing was closed. Council took no action. E. Consideration of adoption of resolution closing Weiss Avenue. City Engineer Bennett presented this item and stated that all property owners have been notified. The public hearing was opened and there was none to appear for or against. The public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF WEISS AVENUE. RESOLUTION NO. R1988-131. Mayor Pro-Tem Evans 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 Resolutions Book R1988. F. Consideration of adoption of resolution closing Gurley Street. City Engineer Bennett presented this item and stated that all property owners have been notified. The public hearing was opened and there was none to appear for or against. The public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF GURLEY STREET. RESOLUTION NO. R1988-132. Councilmember Bolton introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. G. Consideration of adoption of resolution-closing Dean Street. City Engineer Bennett presented this item and stated that all property owners have been notified. There was no further need for this as a public street. The public hearing was opened and there being none to be heard for or against this item, the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF DEAN STREET. RESOLUTION NO. R1988-133. Mayor Pro-Tem Evans 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 R1988. Consideration of adoption of resolution closing Walker Street. City Engineer Bennett stated that all property owners had been notified. The public hearing was opened and Mr. Lonnie Jackson, trustee of Mt. Carmel Baptist Church appeared before Council requesting that Walker Street be left open because this is on their property and the church uses Walker Street, especially during funerals and other special functions. Mr. Bennett responded that the street will not be physically closed, only as a City maintained street. The church will still be able to use that as a driveway as it always has. There being none further to be heard, the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF WALKER STREET. RESOLUTION NO. 1988-134. Councilmember Thompson introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. Consideration of proposed taxicab fare revisions. Mr. Godwin, president, Taxicab Owners Association, presented this item stating that they had reconsidered the proposed rate schedule and would like to adjust the flag drop to $1.10, mileage at $1.20, waiting time changed to $12 an hour, eliminate the $.25 a bag for groceries and leave the trunks at $1, foot lockers at $.50 and duffel bags at $.50. Following lengthy discussion, Councilmember Thompson offered motion to adopt a rate schedule for flag drop of $1.10, mileage $1.20, waiting time $12/hour, trunks $1.00, foot lockers $.50, duffel bags $.50, and the price card must say, “per item handled by driver". The motion was seconded by Councilmember Ross and carried 5 to 3 with Councilmembers Evans, Kendrick, and Pillow voting against. (Effective December 1, 1988 - see end of Item 5) Presentation by Mr. Danny Fore, Executive Director, Fayetteville Area Economic Development Corporation. Mr. Fore began by introducing himself as being new to the area and presented a briefing of the status of activities of the Fayetteville Area Economic Development Corporation. Mr. Fore distributed a handout to the Council of the different committees. Following a brief recess, Mr. Cogswell requested that Council return to Item 4 to assign an effective date for the taxicab rate schedule to be effective as of December 1, 1988. Councilmember McBryde offered motion, seconded by Councilmember Bolton to follow the recommendation, motion carried 5 to 3 with Councilmembers Evans, Kendrick, and Pillow voting no.Consideration of offer to purchase Adams Court property. This item was presented by Community Services Director Herrera stating that he has received an offer for the Adams Court property from the Jehovah's Witnesses Church to be used for a church. Mayor Pro-Tem Evans requested that another year be given to the senior citizens organizations to see if something can be worked out for multiple housing, seconded by Councilmember Kendrick. Following some lengthy discussion, a vote was called and the motion carried 7 to 1 with Councilmember Thompson voting against. Consideration of adoption of Joint Resolution for the Planning of the Orderly and Staged Transfer of Assets and Resources of the Bonnie Doone Fire District and Fire Department to the City of Fayetteville and Fayetteville Fire Department. This item was presented by Mr. Smith stating that this resolution is authorizing the City and County and Bonnie Doone District staff to develop a plan for a transfer and then return with an interlocal agreement. JOINT RESOLUTION FOR THE PLANNING OF THE ORDERLY AND STAGED TRANSFER OF ASSETS AND RESOURCES OF THE BONNIE DOONE FIRE DISTRICT AND FIRE DEPARTMENT TO THE CITY OF FAYETTEVILLE AND FAYETTEVILLE FIRE DEPARTMENT. RESOLUTION NO. R1988-135. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. 8. Consideration of request by Abiding Word Fellowship for extension of temporary lease of Anderson Street Library Building. The City Manager stated that the Abiding Word Fellowship is requesting an extension of the lease for 120 days and that the rent be reduced from $500 to $300 since the City is not providing heat. Mr. Smith recommends approval. Pastor Joe Walters appeared before Council and expressed their appreciation to Council and their enjoyment of being located in the downtown area. He said that their thoughts and prayers have always been with Council and they would continue to pray for Council. Councilmember McBryde offered motion to follow the recommendation, seconded by Councilmember Bolton and carried unanimously 8 to 0. 9. Consideration of adoption of a demolition ordinance for property located at 211 Wilmington Road. This item was presented by Walter Haire, Housing Inspector. 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 OF FAYETTEVILLE. ORDINANCE NO. NS1988-48. Mayor Pro-Tem Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 7 to 1 with Councilmember Ross voting no. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book NS1988. 10. Administrative Reports: A. Report on Bicentennial Celebration and Market House Restoration. Mr. Smith stated that the Bicentennial Celebration will be handled as an outside agency contract with the budget from the Bicentennial Committee attached to the contract. The Market House Restoration would be handled through the City and the City Purchasing Department. B. Statement of taxes collected for the month of October 1988, from the Cumberland County Tax Collector. The statement of taxes collected for the month of October 1988, in the amount of $1,286,260.81 was submitted in the packet. C. Other. Mr. Smith stated that the audit report is available and will be placed on the next agenda. * Mr. Smith also made reference to the resignation letter of Chief Wilbur Johnson, of the Fire Department to be effective December 30, 1988. Mayor Dawkins stated that we all hated to see Chief Johnson retire. He has served 36½ years and everyone wished him well. Chief Johnson was recognized and stated that it was through Council and staff's guidance that the department has come as far as it has over the years. The Chief stated that he did not know if he was doing the right thing and wondered how he will feel on January 1 to wake up unemployed for the first time in his life. At this time the City Attorney requested authorization to represent Howard Johnson in a lawsuit filed by Wardell Smith. Councilmember McBryde offered motion to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously 8 to 0 by voice vote. Councilmember Thompson asked about the Train Station condition and when something was going to be started on this. Mr. Smith responded that an update would be presented very shortly. There being no further business, the meeting was adjourned at 9:45 p.m. REGULAR MEETING MONDAY, NOVEMBER 21, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, NOVEMBER 21, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans, Mayor Pro-Tem (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr., (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (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 Robert M. Bennett, City Engineer G. Allen Mitchell, Assistant City/County Planning Director Robert Barefoot, Parks and Recreation Director Frank G. Simpson, Inspections Superintendent John Huyett, Auditor, Peat Marwick Main and Company Members of the Press The meeting was called to order by the Mayor and the invocation was offered by Father Larry Jensen, St. Michaels Catholic Church, followed by the Pledge of Allegiance to the American Flag being lead by the Mayor. RECOGNITION: Mayor Dawkins requested that Lois Moses, Sandy Saunders, and Wilma Mazerick come forward and be presented with Certificates of Appreciation. Lois Moses has served on the Recreation and Parks Advisory Commission for 9 years, Sandy Saunders for 12 years, and Wilma Mazerick for 2 years. At this time Mayor Pro-Tem Evans and Councilmember Wofford requested that the Morganton Road Sidewalk Project be placed on the agenda for public hearing, Mayor Dawkins advised that this should go before the Streets and Roads Committee first. This was satisfactory with Councilmember Wofford and Mayor Pro-Tem Evans requested that no further work be done on the project until this has been discussed. Mayor Dawkins stated that the City Attorney had requested an Executive Session for Litigation. 1. Approval of Agenda Councilmember Boltom offered motion 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. Councilmember Torrey requested that Item 2 D be pulled from agenda for discussion, Councilmember Thompson made a motion to approve the consent agenda and each item as presented with the exception of 2 D. After a second from Councilmember Pillow, the consent agenda and following items were unanimously approved by voice vote: A. Approval of minutes of regular meeting of October 17, 1988, B. Approval of tax refund in the amount of $44.42 to William Langston. Clerical error - billed in wrong township. C. Adoption of resolution acquiring Cain Road right-of-way - Parcel W-2. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1988-135. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. D. Award of contract for purchase and installation of ballfield lighting to Isenberg Electric, Inc. Councilmember Torrey questioned if this lighting was for only one ballfield or more than one. Robert Barefoot responded that this was to improve the existing ballparks and lighting new fields. There are 8 ballfields included in this and one basketball court. The bids received were as follows: Isenberg Electric, Inc. $207,794.00 Nicholson Electric Co., Inc. $209,900.00 Adams Electrical, Inc. $216,550.00 Floyd S. Pike Electrical Contractors, Inc. $220,061.00 King Electric of Fayetteville, Inc. $228,633.00 Councilmember Wofford offered motion, seconded by Councilmember Bolton to award the contract to Isenberg Electric Company in the amount of $207,794.00 as recommended, and carried unanimously by voice vote. 3. Public Hearings: A. Consideration of the rezoning of Tract I from PND Planned Neighborhood District to R10 Residential District and Tract II from PND Planned Neighborhood District to M2 Industrial District or to more restrictive zoning classifications for an area located on both sides of Meharry Drive and north of Shaw Mill Road. (P88-154) This item was presented by Al Mitchell stating that the Planning Board recommends approval of the Tract I to R10 Residential District and Tract II to M2 Industrial District. This rezoning was initiated by Council at the request from an owner inside the zoning. He stated there is a valid protest petition. A protest petition requires ¾ vote for Council to make any change in the zoning. The public hearing was opened and there was none to appear in favor. Appearing in opposition was Duane Gilliam, 3340 Meharry Drive, stating he is the owner of Lot 10, Tract I and that he wanted all the lots zoned in the subdivision rather than just his own lots to the R10 District. He was also opposed to the part of Tract II. There being none further to be heard on this matter the public hearing was closed. Following some discussion, Councilmember Kendrick offered motion to leave the zoning as is, seconded by Councilmember Thompson and carried unanimously. B. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1300 Pamalee Drive (U.S. 401 Bypass). (P88-155) Al Mitchell presented this item stating that this rezoning was initiated by the Planning Board under the annexation process and recommends approval. There is a valid protest petition. The public hearing was opened and appearing in favor was Stacy Weaver, Attorney representing the property owner J. B. Rouse stating that the property had been in existence for 30 years and he had owned it for the last 17 years. The 3 buildings on the property included a law office, an accounting office, and a frame shop. Also appearing in favor was Mr. Alton Miller, 1625 Woodfield Road. Appearing in opposition was Mr. Barry Swift, 1633 Woodfield, and Ron Spivey, 2958 Walden Road. They concurred that though they are not opposed to the use now, however, should this property change hands the use could change drastically in the Commercial District. Following rebuttal from Mr. Weaver, the public hearing was closed. Following some discussion, Councilmember Wofford stated he felt that a P2 zoning would cover the situation in that the uses that are there now can continue in a P2 zoning, therefore, he offered motion to rezone to P2 Professional, seconded by Councilmember Pillow. There was further lengthy discussion. Councilmember Thompson offered a substitute motion to zone to C1P, seconded by Councilmember Ross and carried 7 to 2 with Councilmember Wofford and Pillow voting against. C. Consideration of an application by Frank T. Edwards 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 convalescent home in an R6 Residential District for an area located at the intersection of Raleigh Road (U.S. Highway 401) and Coronation Drive. (P88-167) Al Mitchell presented this item and stated that the Planning Board recommends approval based on the following: 1. That the use will fit in with the character of the area in which it is to be located and that the proposed use would not be detrimental to the surrounding neighborhood. 2. That the site be developed in accordance with the site plan as submitted. 3. That the proposed convalescent home be licensed and operated in accordance with the applicable local and state regulations. 4. That the public Works Commission approve the water and sewer plans. 5. That the City Engineer approve the proposed curbcut and that a curbcut permit be obtained through the office of the City Engineer prior to its construction. 6. That all state sedimentation control ordinances be complied with during and upon completion of construction. 7. That the city Engineer approve the drainage plans for this site. 8. That the signage for this development be in accordance with the applicable sign regulations as set forth in Chapter 3 of the City Code. 9. That if any on site outdoor lighting is proposed, that the lighting be designed, installed and directed away from the adjoining residential areas and public streets. 10. That a site obscuring buffer, consisting of a fence and/or plant material, be installed and maintained along the entire western property line and that the buffer be in place prior to final site inspection for occupancy. 11. That no occupancy permit be issued until the zoning administrator inspects the site and certifies that the site has been developed in accordance with the site plan as presented. 12. That the driveway and access to the convalescent home be from Ramsey Street rather than Coronation Drive. Mr. Mitchell stated that the Planning Board also added a twelfth condition that the driveway and access to the Convalescent Home be from Ramsey Street rather than from Coronation Drive due to congestion of traffic at the entrance to Woodfield Subdivision. The public hearing was opened and appearing in favor was Frank Edwards, 221 Vivian Drive, petitioner. There was none in opposition. The public hearing was closed. Councilmember Kendrick offered motion to approve the Special Use Permit with the findings and all twelve conditions as recommended, seconded by Councilmember Bolton and carried unanimously. D. Consideration of adoption of a resolution to close a portion of Maiden Lane. The City Manager presented this item and recommended that action be deferred until November 28, 1988, when the Prince Charles Hotel subject will be brought before the information meeting. The public hearing was opened and there was none to appear in favor or opposition. The public hearing was closed. Councilmember Wofford offered motion to defer action until November 28, 1988, as recommended, seconded by Councilmember Kendrick and carried unanimously. At this time Mayor Dawkins stated he had a request to have Item 6 moved up to this point of the meeting due to the representative from C. Phillips and Company having to travel back to Winston-Salem tonight. Council did not oppose moving Item 6 up. 6. Consideration of amendment to contract between City of Fayetteville and C. Phillips and Company for Market House Restoration Project. Councilmember McBryde offered motion to approve the amendment to contract as recommended, seconded by Councilmember Bolton and carried unanimously. E. Consideration of adoption of a resolution to close Prince Charles Alley. This item was presented by City Manager Smith stating that there appears on the plat an alley next to the Prince Charles. He recommended this be closed in order to clear up the deed on this property. RESOLUTION AND ORDER CLOSING PRINCE CHARLES ALLEY. RESOLUTION NO. R1988-136 Councilmember McBryde 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 R1988. F. Consideration of adoption of a resolution to pave May Street from Powell Street to Reeves Street. This item was presented by City Engineer Bennett stating that this was ordering the paving without petition and the recommendation was to adopt a resolution. The public hearing was opened and there was none appearing in favor or against. Mayor Dawkins closed the public hearing. FINAL RESOLUTION REQUIRING PAVING WITHOUT PETITION OF MAY STREET FROM POWELL STREET TO REEVES STREET. RESOLUTION NO. R1988-137. 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 R1988. G. Consideration of the number of certificates of public convenience and necessity to be issued in the City of Fayetteville for the next twelve months. This item was presented by the City Manager who stated that the recommendation was to continue at 110 franchises for taxicabs. The public hearing was opened and none appeared in favor or against. The public hearing was closed. Councilmember Pillow offered motion to continue the franchises for taxicabs at 110, seconded by Councilmember Ross and carried unanimously. H. Consideration of revisions to Minimum Housing Enforcement Ordinances. This item was presented by the City Attorney stating that this will hopefully make this procedure a little more efficient by adopting an ordinance giving the Inspector the authority to carry out those procedures in the State Statute. The public hearing was opened and there was none to appear in favor or opposition. The public hearing was closed. AN ORDINANCE AMENDING CHAPTER 16, “HOUSING, DWELLINGS AND BUILDINGS" OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1988-18. Councilmember Pillow 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 Ordinances Book S1988. 4. PWC Matters: A. Consideration of approval of bid award in the amount of $82,254.00 for purchase of three circuit switchers and accessories to R.W. Chapman and Company, low evaluated bid. (PWC) Bids were received October 12, 1988, as follows: Hesco, Inc. $ 79,500.00 R. W. Chapman and Company $ 82,254.00 This item was presented by City Manager Smith stating that the low evaluated bid was recommended. Councilmember McBryde offered motion to award contract as recommended, seconded by Councilmember Bolton and carried unanimously. 5. Presentation of Audit for fiscal year ending June 30, 1988. City Manager Smith presented this item stating that the audit was submitted before the end of October 1988. He commended Mr. Brown and the Finance staff for responding to the comments that were made at last year's report. He introduced John Huyett, Auditor, who offered a few comments. Mayor Pro-Tem Evans offered motion to accept the audit report as submitted, seconded by Councilmember Bolton and carried unanimously. 6. Consideration of amendment to contract between City of Fayetteville and C. Phillips and Company for Market House Restoration Project. (Refer to end of item 3.D.) 7. Consideration of resolution certifying and declaring results of 1988 Referendum on the City of Fayetteville Sanitary Sewer Bonds and providing for publication thereof. This item was presented by City Manager Smith. The Cumberland County Board of Elections certified to this City Council that the results of the bond referendum held on November 8, 1988, with respect to the proposed $40,000,000 General Obligation Sanitary Sewer Bonds of Fayetteville was 13,653 votes “for" approval of the Bond Order and 5,278 “against" approval of the Bond Order and delivered a copy of the Certificate of Canvas to the City Council. Councilmember McBryde introduced the following resolution the title of which was read: RESOLUTION CERTIFYING AND DECLARING RESULTS OF 1988 REFERENDUM ON THE CITY OF FAYETTEVILLE SANITARY SEWER BONDS AND PROVIDING FOR PUBLICATION THEREOF. The affirmative vote of a majority of those voting having been received, this City Council hereby certifies and declares that the Bond Order entitled “BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF FAYETTEVILLE IN THE MAXIMUM AGGREGATE PRINCIPLE AMOUNT OF $40,000,000 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION OF, CONSTRUCTION OF, EQUIPPING, UPGRADING, AND EXPANDING SANITARY SEWER FACILITIES INCLUDING THE CROSS CREEK WASTEWATER TREATMENT PLANT" is now in effect. Councilmember McBryde moved the passage of the foregoing resolution, Councilmember Bolton seconded the motion and the resolution was passed by the following vote: Ayes: Councilmembers Evans, McBryde, Thompson, Bolton, Rose, Pillow, Torrey, Wofford, and Kendrick. Nays: None. Not Voting: None. A copy of the results is attached to and made a part of these minutes. 8. Consideration of adoption of the following annexation ordinances: A. Area 12 Clark-Coble Area. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A, OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 12). ANNEXATION ORDINANCE NO. 88-11-317. Councilmember McBryde introduced the foregoing ordinance and moved it adoption, seconded by Mayor Pro-Tem Evans and carried 8 to 1 with Councilmember Torrey voting no. B. Area 13 Perry Area. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A, OF THE GENERAL STATUTES OF NORTH CAROLINA (AREA 13). ANNEXATION ORDINANCE NO. 88-11-318. Councilmember Wofford introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried 7 to 2 with Councilmembers Torrey and Ross voting against. Copies of the foregoing ordinances are on file in the Clerk's office in Annexation Ordinances Book 1988. 9. Consideration of right-of-way acquisition for Rosehill Road Extension between Ramsey Street and River Trace Mobile Home Park. This item was presented by City Engineer Bennett requesting authorization be given to use Bond Right-of-Way Protection Funds to acquire the right-of-way. Mayor Pro-Tem Evans offered motion to approve the authorization, seconded by Councilmember Bolton and carried unanimously. 10. Consideration of rejection of bid for purchase of crack sealing machine. This item was presented by Assistant City Manager Stancil. The recommendation was to reject the bid and authorize readvertisement because the only bid received did not meet specifications. Councilmember McBryde offered motion to reject the bid and authorize readvertisement, seconded by Councilmember Wofford and carried unanimously. 11. Report from Streets, Roads and Transportation Committee: A. Consideration of adoption of resolutions setting public hearings for December 19, 1988, to consider closing the following streets: 1. River Street from S. King Street to S. Racepath Street. 2. Ira Street from Cumberland Road to Cowan Street. 3. Henry Street from Cul-de-Sac to Camden Road. 4. Cude Street from Southern Avenue to Camden Road. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF RIVER STREET. RESOLUTION NO. R1988-138. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF IRA STREET. RESOLUTION NO. R1988-139. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF HENRY STREET. RESOLUTION NO. R1988-140. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF CUDE STREET. RESOLUTION NO. R1988-141. Councilmember Wofford introduced the foregoing resolutions and moved their adoption, seconded by Councilmember McBryde and carried unanimously. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. B. Consideration of a recommendation to adopt the following street improvement projects: 1. A right turn lane on the north approach of McPherson Church Road at Morganton Road. This item was presented by City Engineer Bennett recommending approval to acquire the right-of-way and setting up a $50,000 Capital Project Ordinance for this project. Following lengthy discussion, Councilmember McBryde offered motion to return this item to Council after an appraisal is obtained, seconded by Mayor Pro-Tem Evans and carried unanimously. 2. Realignment of Garvin Street to connect to Southern Avenue/Mayview Street intersection. This item was presented by City Engineer Bennett requesting approval of acquisition of right-of-way from Bond Protection Funds and return to Council with a project ordinance for construction later. Mayor Pro-Tem Evans offered motion to acquire the right-of-way as recommended, seconded by Councilmember Kendrick and carried unanimously. 12. Consideration of amendment to Chapter 32, “Zoning", regarding non-conforming status of property acquired through partial condemnation. This item was presented by the City Attorney stating that it is the intent of this amendment to eliminate the City having to pay any damages for rendering a piece of property non-conforming as a result of a right-of-way acquisition. He recommends that this proposed amendment be forwarded to the Planning Board for their consideration. Following some discussion, Mayor Pro-Tem Evans offered motion to follow the recommendation and refer to the Cumberland County Joint Planning Board, seconded by Councilmember Thompson and carried unanimously. 13. Administrative Reports At this time Councilmember Bolton offered motion for executive session for litigation at 9:30 p.m., seconded by Councilmember Kendrick and carried unanimously. Council reconvened into regular session at 9:52 p.m., and there being no further business, the meeting was adjourned. NOVEMBER 10, 1988 CUMBERLAND COUNTY NORTH CAROLINA We, the undersigned Board of Elections of Cumberland County, North Carolina, do hereby certify that we met in the Courthouse at 11:00 AM on Thursday, November 10th, 1988, and after canvassing the original returns of the Registrars and Judges of Election of the votes cast in the City of Fayetteville Bond Referendum held on November 8th, 1988, we do hereby certify that the following are true and correct totals of votes cast For and Against aid referendum: PRECINCTS FOR AGAINST Cross Creek # 1 204 128 Cross Creek # 3 290 123 Cross Creek # 4 425 114 Cross Creek # 5 389 169 Cross Creek # 6 403 175 Cross Creek # 7 462 148 Cross Creek # 8 586 135 Cross Creek # 9 782 314 Cross Creek # 10 414 137 Cross Creek # 11 198 149 Cross Creek # 12 709 157 Cross Creek # 13 373 170 Cross Creek # 14 1049 298 Cross Creek # 15 697 251 Cross Creek # 16 530 297 Cross Creek # 17 747 322 Cross Creek # 18 1085 324 Cross Creed # 19 335 115 Cross Creek # 20 368 223 Cross Creek # 21 765 280 Cross Creek # 22 1188 523 Beaver Lake 115 55 College Lakes 3 6 Judson 139 124 Long Hill 147 46 Morganton Road #1 206 80 Montclair 18 9 Pearces Mill # 4 98 51 Seventy First # 3 8 4 Vander 42 22 Westarea 121 57 Absentees 646 232 Transfers 111 40 TOTALS 13,653 5,278 Given under our hand and seal this 10th day on November, 1988, County of Cumberland, North Carolina. INFORMATION MEETING MONDAY, NOVEMBER 28, 1988 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, NOVEMBER 28, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Sally Gilmore, Bond Attorney, Hutton Williams John Nagel, Developer Members of the Press The City Attorney offered the invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. Consideration of adoption of a resolution authorizing execution of necessary documents for the Prince Charles Hotel/City Hall project. City Manager Smith presented a short overview of this project's financial arrangement. The next step is to go to the Local Government Commission and then to HUD for approval. Mr. Smith reminded Council that all phases of this project must go in order for the project to succeed. Sally Gilmore, Bond Attorney, also made comments and submitted a corrected page 3 of the resolution. There was an error in one of the whereas clauses in the resolution having to do with the Section 108 funds and CDBG funds. The error did not alter the effect of the resolution, however, we need to correct it for our records, Ms. Gilmore also submitted a corrected page 6 to the Deed of Trust. Following the presentation, Mayor Pro-Tem Evans remarked that she felt the plane and specifications were incomplete. Mr. John Nagel, Developer, responded. Councilmember Wofford offered motion to adopt the resolution, seconded by Councilmember Ross. There was lengthy discussion. Councilmember McBryde stated he took the plans and specs to an expert, Jack Glazier, who stated that the project could be done for $35.00 a square foot which is $1.3 million under the costs given by the current developers. Councilmember McBryde requested to ask his expert to speak on these figures. Following discussion concerning allowing individuals from the audience to speak, Mayor Dawkins ruled to allow Councilmember McBryde to make the presentation with the information that he has. Councilmember McBryde responded that he did not feel qualified to present this. He added that they assured him that the bid presented was high, that they put 25 percent profit in, and they would do it for this amount tomorrow if Council would give it to them. They would also live up to the specs, which they also said was not good enough, that is why they bid it high. Councilmember McBryde further stated he felt we should have other builders come in and tell them what they think of this proposal. Councilmember McBryde offered substitute motion to set a public hearing for two weeks, seconded by Councilmember Bolton. There was further discussion and Councilmember Thompson called the question, Mayor Dawkins called for a vote on ceasing debate, and it carried 7 to 2 with Councilmembers McBryde and Bolton voting no. Mayor Dawkins then called for a vote on the substitute motion and it failed 3 to 6 with Councilmembers Evans, McBryde, and Bolton voting for and Councilmembers Thompson, Ross, Pillow, Torrey, Wofford, and Kendrick voting against. Mayor Dawkins then asked for a vote on the original motion offered by Councilmember Wofford to adopt the resolution, seconded by Councilmember Ross and the motion carried 6 to 3 with Councilmembers Evans, McBryde, and Bolton voting no. The following resolution was discussed and its title was read: A RESOLUTION APPROVING ACQUISITION OF PITTMAN BUILDING FOR USE AS A CITY HALL AND DISPOSITION OF THE PRINCE CHARLES HOTEL AND RELATED ACTION FOR DOWNTOWN REVITALIZATION. RESOLUTION NO. R1988-142 A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. 2. Consideration of tax refund in the amount of $129.90 to Linda H. Johnson for clerical error: build in her own tax district. Councilmember McBryde offered motion to approve the tax refund, seconded by Mayor Pro-Tem Evans and carried unanimously by voice vote. 3. Report on status of train station repair. City Manager Smith presented this item stating that this train station is on the National Register and whatever we do must meet National Register standards. He stated we need to do minor roof repairs until we can replace the slate roof. It takes approximately six months for the slate to be delivered and will cost approximately $80,000.00. Following Mr. Smith's report and Council discussion, Councilmember McBryde offered motion for repairs to be done to the building in the order needed, seconded by Councilmember Kendrick and carried by unanimous voice vote. Councilmember Wofford requested that a “project sign" be placed on the building to let the public know that work is being done to the building. There being no further business, the meeting was adjourned at 8:12 p.m. REGULAR MEETING MONDAY, DECEMBER 12, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, DECEMBER 12, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr, (at-large), Tommy Bolton (District 1), Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), Milt Wofford (District 5), and Mark Kendrick (District 6) Others Present: John P, Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Robert M. Bennett, City Engineer G. Allen Mitchell, Assistant City/County Planning Director Mike Osbourn, Planning Technician I Members of the Press Mayor Dawkins welcomed everyone to the first regular meeting in the month of December and called on Reverend Joe L. Walters, Abiding Word Fellowship Church, to offer invocation followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins wished to share some information with everyone, stating that the Fort Bragg Playhouse will be offering at no charge to the public the 1988 Soldier Safety program, Tuesday, December 13, and Thursday, December 15, at 7:15 p.m. Recognition: Elizabeth Freeman, Miss Teen Fayetteville for 1989, was recognized with a few words. The Youth Council members were not present. 1. Approval of Agenda. It was noted that in the packet the specifications for Items 5 and 6 were reversed. Also, Items 7 and 8 were reversed on the agenda. Councilmember Pillow offered motion to approve the agenda with the changes, seconded by Councilmember Bolton and carried unanimously. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. There being no request for removal, Councilmember Kendrick made a motion to approve the consent agenda and each item as presented. After a second from Councilmember Ross, the consent agenda and following items were unanimously approved. A. Approval of minutes of regular meeting of November 7, 1988. B. Approval of minutes of regular meeting of November 21, 1988. C. Approval of the following tax matters: 1. Tax refund in the amount of $17.46 to James E. Morris. Billed in City through error. 2. Tax refund in the amount of $99.36 to A. E. Fulmer. Clerical error - auto double listed, 3. Tax refund in the amount of $93.18 to Robert Hale. Military exemption left off. 4. Tax refund in the amount of $127.00 to Dorothy Kimbrough. Disability exemption left off. Filed form and is totally disabled. 5. Tax refund in the amount of $12.68 to Kevin Moore. Military exemption left off. 6. Tax refund in the amount of $391.00 to Antonia Ortiz-Colon. Exemption off. 7. Tax refund in the amount of $8.46 to Virges Pearson. Auto valued too high. 8. Tax refund in the amount of $97.32 to James C. Peters. Auto double listed. 9. Tax refund in the amount of $88.40 to Katie Stewart. Elderly exemption left off due to clerical error. 10. Tax refund in the amount of $3,809.63 to Rick Hendrick Toyota Overstatement of inventory. 11. Tax refund in the amount of $163.55 to United Mortgage Inv. Corp. Improvement was fire damaged. D. Set public hearing for January 3, 1989, to consider the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located at 111 John Street. Containing .138 acres more or less and being the property of Sue Owen Fehlman as evidenced by deed recorded in Deed Book 2735, Page 525, Cumberland County Registry. (P88-179) E. Set public hearing for January 3, 1989, to consider amendments and revisions to the City of Fayetteville Zoning Ordinance, Chapter 32, Article IV “District Use Regulations", Section 32.31.1. C2S Central Business District specifying that where a sign is within the HD Historic District, a sign review shall be conducted by the Fayetteville Historic Resources Commission, rather than the Fayetteville Appearance Commission. (P88-182) F. Adoption of Ordinances imposing liens on the property located at the following addresses: 1. 244 S. Cool Spring Street. 2. 211 Wilmington Road. AN ORDINANCE IMPOSING A LIEN (244 SOUTH COOL SPRING STREET). ORDINANCE NO. NS1988-49 AN ORDINANCE IMPOSING A LIEN (211 WILMINGTON ROAD). ORDINANCE NO. NS1988-50 G. Adoption of Budget Ordinance Amendments 89-15, 89-16 and 89-17. Amendment 89-15 is required to account for $500.00 donated by Fayetteville Beautiful to the Parks and Recreation Department to use for ground maintenance and beautification projects. Amendment 89-16 is necessary to administratively transfer $7,500.00 from the Information System. Department to the Engineering Department for purchasing engineering equipment. Originally this money was transferred from Engineering to Information Systems to consolidate computer equipment purchases which is not now needed for that purpose. Amendment 89-17 is required to account for $400.00 donated to the Police Department for the “We Care Bear" program. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinances Book NS1988. Mayor Dawkins then reviewed the policy for public hearings concerning the time limits. 3. Public Hearings: A. Consideration of the rezoning from P2 professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 1309 Morganton Road. (P88-168) This item was presented by Al Mitchell stating that the Planning Board recommends approval. There is a valid protest petition requiring seven votes by Council to rezone this property, Mayor Dawkins opened the public hearing and recognized Attorney Neil Yarborough, representing the petitioner. Also to speak in favor was Mrs. Sarah Toomey, 1309 Morganton Road, operator of the print shop. Appearing in opposition was Richard Williams, 111 Olive Road, stating that he was not against the print shop but the future undesirable businesses that could be located within 80 feet of their property. Also appearing in opposition was Ed Seal, 110 Olive Road; Ted Dickey, 123 Dobbin Road; and Ben Watson, 1430 Skycrest Drive. They all were in consensus with Mr. Williams. Mr. Yarborough spoke in rebuttal stating that this is a commercial section of Haymount. There being none further to speak, Mayor Dawkins closed the public hearing. Councilmember McBryde offered motion to deny the requests for rezoning, seconded by Councilmember Ross. Following lengthy Council discussion, Mayor Dawkins called for a vote and a vote carried unanimously to deny the rezoning. Councilmember Thompson requested that the Planning Staff check into special use or conditional uses in the future for businesses that need to temporarily close while they build or remodel, without getting into contractual zoning. B. Consideration of the rezoning from R6 Residential District and C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 925 Deep Creek Road. (P88-173) Al Mitchell presented this item stating that the Planning Board recommends denial because the 1971 Land Use Plan called for residential development at this location. Following discussion by Council dealing with the possibility of this property being a valid non-conforming use, the public hearing was opened and the owner of the property was recognized. She questioned what was meant by a non-conforming use. The City Attorney responded and stated that this needs to be validated through the Inspection Department. Also recognized in favor was Mr. Joseph Lawrence, owner of the Auto Restore business, who stated that he had previously asked the Planning Department what procedure they needed to follow in order to not be a non-conforming use. They recommended he apply for rezoning to C3 which he did and the Planning Board denied his request. Since it was annexed into the City, he is now trying to get the rezoning to C3. Lilly Melvin, owner of the property, submitted a petition in support of the rezoning by the neighbors. Truman Tims, 804 Deep Creek Road, also appeared in favor of the rezoning. Following some discussion by Council, Mayor Pro-Tem Evans offered motion to continue the decision until it is determined that this is a valid non-conforming use, seconded by Councilmember Wofford. There was discussion and a substitute motion was offered by Councilmember Pillow to rezone to C3, seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Wofford voting against. C. Consideration of adoption of a resolution to construct a drainage out fall system for a portion of Elm Street. This item was presented by City Engineer Bennett stating that this pertains to the Eutaw Shopping Center only and has on several occasions caused a hazard to the motoring public using a driveway to the rear of the theaters. The Eutaw management has been notified of this public hearing. Mr. Bennett recommends adoption of the resolution. The public hearing was opened and there was none to speak in favor or against this item. Mayor Dawkins closed the public hearing. A FINAL RESOLUTION ORDERING THE CONSTRUCTION AND RECONSTRUCTION OF A STORM SEWER OUTFALL/DRAINAGE SYSTEM FOR A PORTION OF ELM STREET. RESOLUTION NO. R1988-143 Councilmember Kendrick 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 Resolutions Book R1988. D. Consideration of a resolution to pave, Community Drive between Cedar Creek Road and Dead End. The City Engineer presented this item and stated that he has received a petition for paving Community Drive which was annexed August 31, 1988, and this street will change from NCDOT maintenance to City maintenance on July 1, 1989. A cul-de-sac will need to be placed at the dead end and recommends adoption of the resolution approving the paving along with approval of acquisition of right-of-way. Following questions and answers by Council of Mr. Bennett, the public hearing was opened. Mr. Harmon Kivett, property owner at the end of the street, was recognized in favor however, he requested that the cul-de-sac be placed before his house and not in front of his house due to the car lights into his windows. He stated he would give the land for this replacement of the cul-de-sac. There was none in opposition and the public hearing was closed. A RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN. RESOLUTION NO. R1988-144. Councilmember McBryde introduced the foregoing resolution and moved its adoption with this stipulation that the City Engineer get with Mr. Kivett on the location of the cul-de-sac, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1988. 4. Presentation by planning Board staff of update on Wilmington Road Land Use Plan. Al Mitchell presented this item reminding Council that this was in response to a request approximately three months ago for the Planning Staff to look at one specific area of the Wilmington Road Plan. Mike Osbourn, Planning Technician, then reviewed the plan and upon conclusion suggested that it be zoned light industrial. Mr. Osbourn stated he had met with the people of the area approximately two weeks ago and their wishes were for recreation. Following lengthy discussion, Mayor Pro-Tem Evans offered motion to have a public hearing for citizen input for the Land Use Plan at the January 17 meeting, seconded by Councilmember Ross and carried unanimously. 5. Consideration of award of contract for purchase of Knuckle boom loader. Assistant City Manager Ben Brown presented this item stating that out of ten vendors bid requests were sent to, only two responded and only one was a responsible bidder; therefore, they are recommending awarding to the lowest responsible bidder of Cavalier Equipment Corporation in the amount of $19,940.00. Mayor Pro-Tem Evans offered motion to award the contract as recommended, seconded by Councilmember Bolton and carried unanimously. 6. Consideration of award of contract for purchase of crack sealing machine. Mr. Brown presented this item stating that the lowest responsible bidder meeting quality requirements was Linear Dynamics, Inc., in the amount of $22,750.00. Mayor Pro-Tem Evans offered motion to award the contract as recommended, seconded by Councilmember McBryde and carried unanimously. Mayor Dawkins then stated that we would go to Item 8 since Items 7 and 9 were related. 8. Consideration of proposed amendment to Chapter 32. This item was presented by the City Attorney requesting that this amendment be referred to the Joint Planning Board dealing with preventing property from becoming non-conforming as to setback requirements as a result of right-of-way acquisitions. Mayor Pro-Tem Evans offered motion to refer this as recommended, seconded by Councilmember Thompson and carried unanimously. 7. Consideration of approval of 1989 Legislative goals and policies from the North Carolina League of Municipalities. The City Attorney presented this item and suggested that Council plan to meet with the delegation in January. Mayor Pro-Tem Evans offered motion to approve the legislative goal for 1989, seconded by Councilmember pillow and carried unanimously. Council concurred that the suggested dates to meet with the delegates to be either January 9 or 23. 9. Consideration of request to North Carolina League of Municipalities to include revisions concerning ABC violation enforcement to their Legislative agenda. This was presented by Mr. Stancil stating that under current state law, local law enforcement officers do not have the authority to investigate the operations of premises having ABC licenses. He stated it is a priority of the North Carolina Association of Chiefs of Police to have this changed. Councilmember Bolton offered motion to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously. 10. Appointments: A. Nominations to fill two vacancies on the personnel Review Board. Councilmember McBryde made note that the back-up letter shows Geraldine Henderson under the Personnel Review Board by mistake. This should be Leon Lancaster. Councilmember McBryde nominated Mr. Lancaster for a second term. Mayor Pro-Tem Evans nominated Mrs. Chance for a second term. B. Nominations to fill one vacancy on Fayetteville Redevelopment Commission. No nominations were made. C. Nominations to fill three vacancies on Fayetteville Appearance Commission. Councilmember Pillow nominated Louise S. Morgan, at-large, to serve a second term. 11. Administrative Reports: Statement of taxes collected for the month of November 1988 from the Cumberland County Tax Collector. The statement was submitted showing a total collection of $1,220,712.67. At this time, Councilmember Ross questioned what was being done concerning the homeless during this time. Mayor Dawkins responded that the South River Baptist Association had a mission, the Salvation Army usually helped and suggested that the City Manager get in touch with Janice Gerald with Community Services who has worked with the task force. Councilmember Kendrick stated he would be out of town from December 18 through January 6 and requested excused absence from the two meetings. There was no objection. Councilmember Wofford requested that staff contact Cablevision to see if a discount can be given to senior citizens for their basic service. Mr. Smith reported that he had been contacted by the City of Raleigh thanking us for sending our equipment and sanitation crews to help with the clean up after the tornado. The Raleigh City Manager was very complimentary over our sanitation crew. At this time, the City Attorney requested that Council authorize him to represent the City Council and the City Manager in a lawsuit by the G & T Investments and that they authorize Marland Reed to represent the Airport Commission and Tom Ray at $90.00 per hour out-of-court and $125.00 per hour in-court time. Mayor Pro-Tem Evans offered motion to follow the recommendation, seconded by Councilmember Wofford and carried unanimously. There being no further business, the meeting was adjourned at 9:42 p.m. REGULAR MEETING MONDAY, DECEMBER 19, 1988 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, DECEMBER 19, 1988 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Mildred Evans (at-large), Milo McBryde (at-large), Horace K. Thompson, Jr. (at-large), Tommy Bolton (District 1) , Ida Ross (District 2), Joseph L. Pillow (District 3), Thelbert Torrey (District 4), and Milt Wofford (District 5) Absent: Councilmember Mark Kendrick - Excused Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. (Ben) Brown, Jr., Assistant City Manager, Administration and Finance Robert C. Cogswell, Jr., City Attorney Jimmy Teal, Assistant to the City Manager Tom Ray, Airport Manager Herb Thorp, Private Citizen Bill Maxwell, Private Citizen Don Clayton, Private Citizen J.P. Riddle, Private Citizen Members of the Press The Mayor welcomed everyone to the meeting and called on Reverend Lawrence A. Miller, Metropolitan AME Zion Church, to offer the invocation, Mayor Dawkins then led the Pledge of Allegiance to the American Flag. At this time Mayor Dawkins expressed sympathy to the family and friends of Buddy Russell, a City Firefighter who was killed while fighting a fire last week, and to the family and friends of Johnnie Godwin, a Taxicab Review Board member and representative of the Taxi Industry. They will both be missed. Recognition: Nichols Wildman was presented the Youth of the Month Certificate of Appreciation and a $50.00 bond from the Fayetteville Kiwanis Club. Mayor Dawkins recognized Chip Beck, who had received national recognition in golf by winning the LA Open last year, among other major winnings. The Mayor presented a framed picture of Chip winning in Los Angeles and a picture of the Mayor, Chip's friends and family meeting him at the airport. Mayor Dawkins remarked that Chip was truly an ambassador for Fayetteville and proudly presented him with a Key to the City followed by a standing ovation from everyone in the chambers. Chip expressed his deep feelings for Fayetteville, his friends and family and especially for the Key to the City. Mayor Dawkins stated that City Attorney Cogswell has requested executive session for litigation. 1. Approval of Agenda City Manager Smith requested to add Item 12 to the agenda dealing with employee gifts. Mayor Pro-Tem Evans offered motion to approve the agenda with the addition of Item 12, seconded by Councilmember Torrey and carried unanimously 8 to 0. 2. Consent: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. There being no request for removal, Councilmember Wofford made a motion to approve the consent agenda and each item as presented. After a second from Councilmember Ross, the consent agenda and following items were unanimously approved. A. Approval of sale of City-owned property in Vanstory Street Conservation Area II to Fayetteville Redevelopment Commission. (Parcels A-6, A-5, B-4, C-8, D-2, D-8, E-4 and B-10) B. Approval of Budget Ordinance Amendments 89-18 and 89-19. Amendment 89-18 (Parks and Recreation) is necessary to account for a donation of $25.00 to be used for beautification projects. Amendment 89-19 (Police) is required to account for $370.00 donated to the “We Care Bear" program. C. Approval of agreement with Southern Railway Company to cross under tracks with traffic signal conduit at Russell Street near Ray Avenue. 3. Public Hearings: Mayor Dawkins advised everyone of the policy concerning timing of the public hearings. A. Consideration of adoption of resolution closing River Street from South King Street to South Racepath Street. This item was presented by City Engineer Bennett stating that all abutting property owners had been notified of the public hearing to consider the closing. Mr. Bennett stated he had received one protest from a property owner on River Street today after 4:00 p.m. stating the need to have an entrance to both sides of her property and that she would be present for the public hearing. Mayor Dawkins opened the public hearing and there was none to appear in favor. Appearing in opposition was Elease Kenyon stating that she was the property owner that Mr. Bennett had referred to. Ms. Kenyon stated that at one time there were abutting buildings on the property next to her, however, they had been torn down and if the other property owners did not allow her to cross their property, she would not be able to get to the back of her building if this street were closed and would have no parking whatsoever. Councilmember McBryde offered motion to not adopt the resolution, seconded by Councilmember Ross. Following some discussion, Mr. Bennett suggested that their decision could be continued and he would speak with the other property owners for another alternative. Councilmember Wofford offered substitute motion to continue the decision until the January 3 meeting, seconded by Councilmember Torrey and carried unanimously 8 to 0. B. Consideration of adoption of resolution closing Ira Street from Cumberland Road to Cowan Street. Mr. Bennett presented this item and stated that all abutting property owners had been notified of this public hearing and he sees no public use of this street since all the property owners have an entrance on another street. The public hearing was opened and there was none to speak for or against. The public hearing was closed. A RESOLUTION AND ORDER CLOSING A PORTION OF IRA STREET. RESOLUTION NO. R1988-145 Councilmember Torrey introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously 8 to 0. C. Consideration of adoption of resolution closing Henry Street from Cul-de-Sac to Camden Road. Mr. Bennett presented this item stating that some of the same property owners were affected by this closing as the Ira Street, but he had received no objections. The public hearing was opened and Mr. Richard Murphy, representing Carol Memorial Church was recognized stating they were not opposed to the street closing for maintenance purposes, but would be opposed to a barricade closing off the street. Mr. Bennett responded that there was no barricade planned. There was none to appear in opposition and the public hearing was closed. RESOLUTION AND ORDER CLOSING A PORTION OF HENRY STREET. RESOLUTION NO. R1988-146 Councilmember Thompson introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously. D. Consideration of adoption of resolution closing Cude Street from Southern Avenue to Camden Road. Mr. Bennett presented this item stating that all abutting property owners had been notified of the public hearing. They are not dependent upon access to their property from this street. The public hearing was opened and there was none to appear for or against this item and the public hearing was closed. A RESOLUTION AND ORDER CLOSING A PORTION OF CUDE STREET. RESOLUTION NO. R1988-147 Mayor Pro-Tem Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 0. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1988. 4. Consideration of approval of the Parking Lot and Access Road Project for Fayetteville Regional Airport. A. Approval of Lease of parking lot facilities with Republic Parking System. Mr. Smith presented this item, reviewed the situation and stated that in order to prevent holding this project up, they were recommending that they proceed with a concession agreement and award contracts under the lease agreement procedure. The agreement assures us of a percentage of gross receipts and no concern for operating costs or debt service. Mayor Pro-Tem Evans offered motion to approve the lease of parking lot facilities with the Republic Parking System, seconded by Councilmember Pillow. Following questions and answers of Council to Tom Ray, Airport Manager, a vote was called and it carried unanimously 8 to 0. B. Approval of addendum to contract with Wilbur Smith and Associates. Mr. Ray presented this item stating that this addendum would enable the City to be able to save some money. Councilmember Pillow offered motion to approve the addendum and award the contract with Wilbur Smith and Associates as recommended, seconded by Councilmember Ross and carried unanimously 8 to 0. C. Award of contract to C. K. Andrews and King Electric, low bidders, for construction. Mr. Ray presented this item and recommended that the lowest responsible bidders of C. K. Andrews at $631,150.28 and King Electric at $199,298.00 be approved. Mayor Pro-Tem Evans offered motion to follow recommendation and award the contract, seconded by Councilmember Torrey and carried unanimously 8 to 0. 5. Consideration of amendments to Fayetteville Appearance Commission Charter. Mr. Smith presented this item and stated that this amendment to this charter is requested because the Director of the Clean Community's category is not always a City resident. This amends it so that the other positions can be filled by the City Council and must be city residents. It also deletes the staggering of the terms since this no longer applies. Councilmember Wofford offered motion to approve the amendment as recommended, seconded by Councilmember Ross and carried unanimously 8 to 0. 6. Consideration of approval of street resurfacing list. This item was presented by City Engineer Bennett. Councilmember Torrey offered motion to approve the street resurfacing list as recommended, seconded by Councilmember Bolton and carried unanimously 8 to 0. (A copy of the resurfacing list is attached to and made a part of these minutes.) 7. Consideration of acquisition of right-of-way for intersection improvement at the intersection of Ann and Grove Street. Following some discussion, Councilmember Bolton offered motion to follow the recommendation to approve acquisition of right-of-way, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 8. Consideration of cancellation of Information Meeting of December 26, 1988. Councilmember Ross offered motion to cancel the Information Meeting of December 26, 1988, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. 9. Delegations: Mr. Bill Maxwell, Mr. J. P. Riddle, Mr. Don Clayton, and Mr. Herb Thorp. Mayor Dawkins informed everyone of the procedures for delegates, which is to allow three minutes for each speaker. This would be a total of twelve minutes for the four speakers on this item. He recognized Herb Thorp who stated they were not four (4) businessmen who are not in favor of downtown revitalization but they are four (4) private citizens in favor of fiscal responsibility. He stated they contend there was no public hearing as they contemplate a public hearing on the Prince Charles Hotel/City Hall Project and understand there should be a two-week notice before a public hearing. Therefore, they request a public hearing be set for January 16 with appropriate advertisement. He also asked Council to pay close attention to the Resolution of Intent. Mr. Thorp also stated that HUD was told there was a public hearing in May 1987 and that there was no opposition, but the minutes show there were at least four people who stood up in opposition. He continued that if there is a public hearing and Council votes to go forward with this project then he will support it. The Mayor then recognized Bill Maxwell, developer and realtor with property in the block next to these projects. He stated they are not against the grant or other projects but are against the non-repayment unless there is a profit. If that is the case, the Prince Charles Hotel Project should stand alone or not at all. The City Hall should be a new building instead of renovating an old building. Mr. Maxwell also questioned what would happen to the vacated offices if employees are consolidated into the new City Hall. He concluded by stating that since there have been so many changes such as a new Council and developers that the public should be given an opportunity to review the plans and parking. The Mayor then recognized Don Clayton, who stated that taxpayers are having a hard time now and money is being misused. He feels it is “immoral" to use this old building (City Hall Project) and that the Prince Charles Hotel will become a house of prostitution. Mr. Clayton cited Augusta, Georgia where the same type project was done in the past ten years and now is abandoned. He questioned Council's power to give away what they worked for and concluded by saying they will take legal action if a public hearing is not granted. The allotted time had run out and Mr. Riddle conceded his time to Mr. Clayton. Councilmember McBryde offered motion to set a public hearing on January 16, seconded by Councilmember Bolton. There was lengthy discussion. Councilmember Pillow questioned taking action on an item without a recommended action on the agenda. The City Attorney responded this has been done in the past. Councilmember Wofford questioned the statement that HUD was told there was no opposition at the public hearing and whether our public hearing did suffice for HUD's purposes. City Attorney Cogswell responded by reading a letter sent to HUD on September 18, 1987, from Dick Herrera, Community Services Director, attaching a copy of the minutes of the public hearing which reflected everyone that spoke. Mr. Herrera asked in this letter if this public hearing sufficed HUD's purposes and they responded in the affirmative. Councilmember Wofford stated he feels if a public hearing is held on January 16 it will stop the process, money is being spent now and work is beginning on the project. Therefore, he offered substitute motion to proceed as planned. Following some further discussion, Councilmember Wofford amended his substitute motion to state that we not hold a public hearing. Councilmember Torrey seconded. There was more discussion and Councilmember Wofford withdrew his substitute motion and Councilmember Torrey withdrew his second. Councilmembers McBryde and Bolton concurred that they feel a public hearing should be held and Councilmembers Pillow, Torrey and Ross all concurred that they felt a public hearing had been held and the project should go forward. Councilmember Thompson addressed a remark concerning his conflict of interest. He stated that he submitted in writing to the City Attorney, David Lawrence of the Institute of Government, and to City Councilmembers and none thought he had a conflict of interest. He concluded by making a statement in the form of a question, “Where have you been the last three years?" to which he added he did not want an answer. Mr. J. P. Riddle requested to be recognized to answer this question and Mayor Dawkins stated that unless there was opposition Mr. Riddle could speak, since he was under delegates and did not have an opportunity to speak.; Councilmember Thompson responded that he did not ask a question but only made a statement. Councilmember McBryde then asked Mr. Riddle where he had been the last three years. At this time the City Attorney alerted Council that in the past, questions were asked before a motion and second were on the floor and the last time this happened, Council did not allow a response. Councilmember Thompson called the question. Mayor Dawkins called for a motion to cease debate and declared the motion lost upon a vote of Councilmember Pillow, Thompson, Torrey, and Ross voting to cease debate and Councilmembers Wofford, Evans, McBryde, and Bolton against. The Mayor then returned to the discussion and Councilmember McBryde repeated his question to Mr. Riddle asking where he had been the last three years. Mr. Riddle was recognized for a response and addressed Councilmember Thompson's conflict of interest stating he was told some (Councilmembers) would not have voted the way they did if they had known all the circumstances at the time. Mr. Riddle went on to say he feels the City is going to buy “an $8,000,000 piece of junk" and he doesn't think anyone would complain about a new City Hall from the ground up. He also stated he doesn't feel any money has been spent on the project and it would not matter because it has been stated that the City does not have to take it if they don't want it. He finished by saying he did not want his tax money going to something he cannot be proud of and that someone else is going to make a profit from. Also, that there had not been a public hearing on this. Mayor Dawkins then called for a vote on Councilmember McBryde's motion for a public hearing on January 16 on the Prince Charles Hotel/City Hall Complex. It failed 3 to 5 with Councilmembers Evans, McBryde, and Bolton voting for and Councilmembers Thompson, Wofford, Torrey, Ross, and Pillow voting against. 10. Appointments/Nominations/Elections: A. Nominations to fill two vacancies on the Personnel Review Board. Councilmember McBryde offered motion to elect by acclamation the two nominees, seconded by Councilmember Bolton and carried unanimously 8 to 0. The nominees are as follows: Leon Lancaster, to serve a second term to December 1990; and Mrs. E. B. Chance, to serve a second term to December 1990. B. Nominations to fill one vacancy on the Fayetteville Redevelopment Commission. Councilmember Bolton nominated Malcolm Fields. Continued until the next meeting. C. Nominations to fill three vacancies on the Fayetteville Appearance Commission. Postponed until next meeting at the request of the Commission. Louise S. Morgan, at-large, nominated for second term by Councilmember Pillow at the last meeting. 11. Administrative Reports: None to be given. 12. Consideration of amendment to section 2-73(e), “Gifts and Favors". The City Manager recommended amending this ordinance which would Permit a once a year gift to any non-supervisory employee not to exceed a value of $25. Councilmember McBryde offered motion to adopt the amendment as recommended and authorize the Mayor to sign, seconded by Councilmember Pillow and carried unanimously 8 to 0. The ordinance title is as follows: AMENDING SECTION 2-73(E) “GIFTS AND FAVORS". ORDINANCE NO. S1988-19. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinances Book S1988. Councilmember Thompson offered motion for executive session for litigation, seconded by Councilmember Pillow and carried unanimously 8 to 0 at 9:05 p.m. Council reconvened into regular session at 9:11 p.m. and Mayor Dawkins recognized City Attorney Cogswell. Mr. Cogswell requested that the condemnation case of Harris and Sweeney of Cool Spring/Person Street, case 88-CVS-4043 be settled at $3,250 total. Councilmember Bolton offered motion to approve the settlement as recommended, seconded by Councilmember Thompson and carried unanimously 8 to 0. Mr. Cogswell also requested that the settlement of the claim of John Foy against the City and John R. Givens, subject to receiving affidavit and release, at $5,500. Councilmember Bolton offered motion to approve the settlement as recommended, seconded by Mayor Pro-Tem Evans and carried unanimously 8 to 0. There being no further business, the meeting was adjourned at 9:14 p.m. Please Note: To view the Resurfacing list compiled from ITRE pavement bond survey and Engineering Department, please see Book X, page 31 of the City of Fayetteville Meeting Minutes