1987 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA REGULAR MEETING MONDAY, JANUARY 5, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JANUARY 5, 1987 7:00 P.M. Present: Mayor Bill Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Samuel Johnson, Mark Kendrick and Thelbert Torrey Others: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Robert M. Bennett, City Engineer Tim Wood, PWC Manager Mayor Hurley called the meeting to order and the invocation was given by Father Joseph Shaheen, St. Michael's Catholic Church, Arsenal Avenue, following with the Pledge of Allegiance to the Flag lead by Mayor Hurley. At this time, Mayor Hurley recognized Mr. J. P. Riddle and thanked him for the very generous donation of property for the future baseball field. Mr. Riddle commented that they were certainly glad to make this donation and looking forward to working with Council and the County Commissioners in the future on some other sites for recreation because Fayetteville and Cumberland County have both been very good to them. He stated they wanted to try and give in return. They have no selfish motive at all. Mr. Riddle further stated that he told them this morning that they were not even going to go into competition with hot dogs or anything out there and would probably buy tickets to go see the ball game. Mr. Riddle stated that they certainly appreciated being remembered tonight and if there is anything that they can do, they want to do it for the City and County. Mayor Hurley then stated that we, along with the County Commissioners and some private enterprises, have been involved with this for many months, and Mr. Riddle and his family have shown us how we can do this with no opposition from neighborhoods at this site, by their generous donation of the property to the County. He further stated that we hope the Fayetteville Generals will have a pennant to be proud of some day soon. The Mayor then asked Mr. Neil Yarborough, County Attorney, to review what happened this morning so that Council could understand the significance of the gift. Mr. Yarborough stated that the significance of the gift could not be overstated, not only because of the magnitude of the value of the property given, but also the gift's timeliness. Mr. Yarborough presented to Council an information packet containing a list of terms to be between the County and the Minor League Baseball Team Owners, a map showing the area and a copy of the deed of the gift from the Riddles. (A copy is on file in the City Clerk's Office.) Mr. Yarborough further stated that since the City owns Public Works Commission, and they have an eight-inch forced main and a 16-inch water main right in front of the site, they will probably require this station to provide sewer. Therefore, the County would like to seek assistance from the City for connections as they develop the site. The County and the Minor League Team would pay for the usage. Mr. Yarborough stated that the two points the County Commissioners asked him to bring to Council's attention is to reiterate the $25,000 for the seating, which the County would also be doing, and participation in providing sewer hookup for that site. Mr. Yarborough stated he will bring back a final document for Council's review. Council thanked Neil Yarborough for bringing good news and sharing all of this information. At this time, Mr. Riddle asked to be recognized again. He stated that he was just asked by a reporter what was the selfish motive he had for giving this property. He stated that he had given a cardiology machine to Chapel Hill, having lived there, and raised $5,000,000 for the Cancer Center. Mr. Riddle further stated that he hoped he would never have to use it but that's not the reason he gave it was to help people. He went on to say that he had helped the Sickle Cell and fixed an automobile for them to transport people to Duke Hospital, because he feels money is made to help people. Mr. Riddle stated that each time he gives, it seems he is asked if he has a selfish motive - “Do I love baseball? I don't particularly like baseball. I like football and basketball and I am not really partial to them. I used to shoot marbles as a kid. I just wanted to say that there was definitely no selfish motive.” Mr. Riddle further commented that there really isn't that much of a tax write-off unless we go into 100%. He stated that it really gets to you after a while when you're asked these questions, but he is still going to try to do what he can for the simple reason that he was born here. Mr. Riddle concluded by saying that he felt we should stop competing with ourselves and start competing with other cities. Mayor Hurley responded that he enjoyed his comments this morning when he said that 40 years ago baseball failed in Fayetteville because that was another era. Our City is not the same. Mr. Riddle stated he felt that everything else is going to have its time. If you tried to do most anything 40 years ago in Fayetteville you had a problem, but now Fayetteville is on the go. We've got some people on both the City Council and on the County Commissioners that will help the area move, Mr. Riddle stated, and the downtown will come back and grow if we work together and not against each other. At this time, Councilmember Dawkins was recognized, and he stated that some people may not know but to his knowledge, Mr. Riddle and his family gave the largest gift in the history of the City of Fayetteville through the Public Works Commission, in excess of $1,000,000. Also, Mr. Riddle only touched the top of the iceberg in speaking of some of the gifts given, but this was truly a gift and a very timely one, Mr. Dawkins stated. He further stated he felt he could speak for the other members of Council and the Mayor by saying they truly appreciated the citizen he is and knowing what he has done for the City in the past and what he will do for the City and the County in the future. Mr. Riddle was given a standing ovation. At this time, Mayor Hurley recognized the newly elected County Commissioner, Mr. Bob Lewis, and former Councilmember Mr. Milt Wofford present in the audience. The Mayor then stated that the City Attorney has requested an Executive Session for litigation. Councilmember Kendrick offered motion to enter Executive Session at 7:27 p.m., seconded by Councilmember Evans and carried unanimously. Council then closed Executive Session and reconvened into Regular Session at 7:40 p.m. upon motion by Councilmember Kendrick, seconded by Councilmember Torrey and carried unanimously. At this time, the City Manager requested that Item H be pulled from the Consent agenda which is the purchase of a street sweeper. He also stated that the minutes of the December 15, 1986 meeting were sent after the agenda and they would need to be added. Mayor placed the minutes of the December 15, 1986 meeting as Item IL. Councilmember Kendrick offered motion to approve consent items excluding H and adding L, seconded by Councilmember Ross and carried unanimously. The consent items are as follows: 1. Consent A. Approval of minutes of special meeting of November 10, 1986. B. Approval of a request for a refund of City taxes to the Lila McPherson Estate in the amount of $29.60. C. Approval of a request for a refund of City taxes to Horst Lebedew in the amount of $4.89. D. Approval of a request for a refund of City taxes to Dexter and Mildred Hall in the amount of $83.55. E. Approval of a request for a refund of City taxes to Elwoods Cain, Sr., and Harold J. Kidd in the amount of $56.51. F. Adoption of Ordinance Amending and Restating Employees Retirement Plan of Public Works Commission of City of Fayetteville, N.C. (Amendments approved during meeting of December 15, 1986.) AN ORDINANCE AMENDING THE EMPLOYEE'S RETIREMENT PLAN OF THE PUBLIC WORKS COMMISSION OF THE CITY OF FAYETTEVILLE. ORDINANCE NUMBER NS1987-1. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book NS1987. G. Approval of the following Public Works Commission bids for purchase of vehicles and equipment: 1. One Sludge and Catch Basin Cleaner - Bruder/Sharpe, Inc,; $84,561.08. 2. Three Intermediate Four-Door Sedans - Patrick Ford; $26,076.00. 3. Five Four-Door Station Wagons - Patrick Ford; $53,720.00. 4 Three 4,800 Pound GVW Pickup Trucks (6' Body) - LaFayette Motors; $25,334.00. 5. One 8,600 Pound GVW Truck with Utility Body - LaFayette Motors; $12,557.00. 6. Two 28,000 Pound GVW Flat Bed Dump Truck - LaFayette Motors; $54,290.00. 7. One 12-Cubic Yard Tandem Dump Truck - Edmac Truck Sales; $39,549.12. H. Award of purchasing contract for a street sweeper to Cavalier Equipment Corporation, the low bidder. (This item was pulled from the agenda). I. Approval of agreement with Carolina and Northwestern Railroad (a subsidiary of Southern Railroad) for construction and maintenance of two overhead cable crossings of railroad right-of-way. J. Adoption of resolution authorizing sale of surplus City property - Lot #85 Vanstory Street. RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY. R1987-1. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1987. K. Approval of sale of parcels M-8 and M-9; Murchison Road Redevelopment Plan; Blue Street area to Robert J. Thompson. L. Approval of the minutes of Regular Meeting of December 15, 1986. At this time Item 7 was considered. 7. Consideration of adoption of the following demolition ordinances: A. Property located at 618 Frink Street. Walter Haire stated that Mr. McNair's uncle is representing him and would like to be recognized on this matter. Mayor Hurley recognized Mr. W. B. Smith of Hope Mills, who is representing his nephew, James McNair. Mr. Smith stated that Mr. McNair's mother has been in the hospital approximately five months. He is asking for a three month extension due to hardship and the fact that if this building is torn down, he cannot rebuild because it is a substandard lot. Following discussion, Councilmember Jones offered motion for a 90-day extension, seconded by Councilmember Ross. There was further discussion, and Councilmember Kendrick offered a substitute motion for demolition by Mr. W. B. Smith within 60 days or the City would take action, seconded by Councilmember Dawkins and carried 7-2 with Councilmember Ross and Jones voting no. 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 AND (618 FRINK STREET). ORDINANCE NUMBER NS1987-2. B. Property located at 114 “C” Street. Mr. Haire stated that this house is currently occupied by an elderly lady and they have not been able to get the owner to do any type of repairs. The house is in extremely bad shape and will not contain heat. Therefore, he is requesting to relocate the lady through the Metropolitan Housing Authority. This demolition action will place her higher on the waiting list because of it being an emergency case. Councilmember Evans offered motion to have the Mayor's office write a letter to the Metropolitan Housing Authority requesting immediate occupancy for this tenant due to the hardship and emergency of the case, and when the tenant is relocated, Mr. Haire is to proceed with demolition, seconded by Councilmember Kendrick and carried 8-1 with Councilmember Jones voting no. 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 THE STRUCTURE (114 “C” STREET). ORDINANCE NUMBER NS1987-3. A copy of the foregoing ordinances is on file in the Clerk's Office in Ordinance Book NS 1987. At this time, Mayor Hurley recognized another new member of the County Commissioners, Mr. Johnny Evans. 2. Public Hearings: A. Consideration of resolution approving Conservation Plan for Vanstory Street Rehabilitation Program. Mr. Herrera presented this matter and stated that this plan has been revised to exclude the properties on Cool Spring Street south of Lucas Street. Appearing in favor was Mrs. Annie Houston of 313 Vanstory Street and Annie McMillan of 335 Vanstory Street. There was no one in opposition. RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL APPROVING CONSERVATION PLAN FOR THE VANSTORY STREET REHABILITATION PROGRAM. PROGRAM YEAR 1986-87. RESOLUTION NUMBER R1987-2. Councilmember Evans introduced the foregoing ordinance and moved its adoption approving Conservation Plan as revised, seconded by Councilmember Jones and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1987. B. Consideration of the construction of a storm drainage system in the Greens Subdivision. Mr. Bob Bennett presented this item and stated that all property owners have been notified of the public hearing. He reviewed the past events leading to tonight's public hearing. Appearing in favor of this matter was Dohn Broadwell, Developer, who presented his reasons for being in favor of this resolution for drainage. He ended by saying that there is a problem of drainage and danger in this area, and that they are trying to be responsible developers. They did not feel this was their water, and they still don't, but when it became their water they have totally controlled it in everything from Frost Drive and just above it on down. Mr. Broadwell further stated that the Engineering Department thinks they (the developer) still own two lots and if they do, they would not be opposed to the assessment for the drainage system. Council then recognized Mr. Gerald Beaver, Attorney representing several residents who appeared in opposition. He stated that he wanted to correct several statements. One was that the problem did not arise because of the pipe that had been installed, but that was why the pipe was installed to begin with. Another correction is that the City can require a developer to remove the problem of the water by installing drainage system. Mr. Beaver further stated two events are very significant here: (1) Prior to the first lot being sold or the subdivision being developed, Mrs. Mary Guthrie called the City Engineering Department and told them there was too much water there and something would have to be done or there would be a serious problem. She was told that nothing could be done. As a result, the City is now discussing assessing her with better than $6,000. Mr. Beaver stated that the second significant event was that in April, 1984, the subdivision map of The Greens Subdivision was recorded with a statement that the storm drains have been installed by the subdivider in a manner approved by the Engineering Department. Also, this Council approved this subdivision. Mr. Beaver further stated that he feels this is a unique situation and would not set a precedent. Mr. Joe Phillips, 3489 Hastings Drive, appeared in opposition to the assessment. He stated that he is the resident that installed the drainage pipe in question but the reason for doing this was to try to alleviate the water problem that existed. He further stated that he also had contacted the City before installing this pipe. The resident of Lot 4 also appeared in opposition to the assessment. Mayor Hurley asked Mr. Bennett to clarify the cost of the installation of this pipe and Mr. Bennett responded that it would be $58,000. Mayor Hurley then recognized Mr. Phil Anderson, 3509 Hastings Drive, last lot, who also was opposed to the assessment. Mr. Anderson asked the Council to compare with the paving assessment which is $4 per linear foot. He stated that although many people use the pavement, he wants to draw attention to Council that this drainage ditch has to accommodate 60 acres. Mrs. Mary Guthrie also was recognized in opposition to the assessment. She stated that she had been a resident of that area for 37 years and owns three lots, which would result in approximately $6,000 in assessment for this. Mrs. Guthrie further stated that many years ago the flow of the water was not in the same location as is shown on the map that was presented tonight, because she and her husband for many years had a garden behind her house that she would not be able to have had otherwise. Mrs. Guthrie also feels that this would not set a precedent. At this time, Mr. Bennett requested to comment on the approval of the plat of the Greens Subdivision. He stated that the approval says storm drainage has been approved. It does not say that all ditches have been piped. Mr. Bennett further stated that as to setting a precedent, he could see no difference in this case and some others and he exampled the recent Thamesford Drive assessment which was entirely fair and even had some of the same characteristics. Councilmember Johnson made several comments concerning being fair to all of the people and not to just some. Councilmember Johnson wondered if the people bought the lots knowing the ditch was there. Also, he stated that the City needs to either let the City maintain clearing the ditch out or let the property owners pay their share. Councilmember Ross asked if the problem was there when the area was annexed and how long ago was the annexation. Mr. Bennett responded that the ditch was dug before annexation. Ms. Ross then stated she feels it is the City's problem. Councilmembers Dawkins, McBryde, and Jones concurred that they felt errors had been made by the City and something needs to be done to correct this. Councilmember Kendrick had previously talked with some of the property owners and they thought that the ditch was not on their lot, that their property lines stopped at the ditch. He stated that there was a problem in this area before the houses were built and he wished it had never been approved. Councilmembers Pillow and Evans both concurred that they feel they must follow the policy in order to be fair to all citizens who had ditches. Councilmember Ross offered motion that the City assume the responsibility of piping the ditch at 100 percent of the cost, seconded by Councilmember Jones. Councilmember McBryde stated that they are not educated in these matters and a lot of money is being paid to the Engineering Department who is supposed to be, and he hopes in the future a better job will be done in deciding what kind of drainage should go into the any subdivision. Councilmember Dawkins stated that he feels errors may have been made but not to the extent of 100 percent being paid by all the citizens. Mr. Smith stated that the City does have the responsibility of the maintenance of 30-foot easement and another possible solution is to keep the drainage ditch clear, make it deeper and wider, and to fence the ditch for protection. Councilmember Dawkins offered a substitute motion to clear, maintain, install Rip Rap and report back in 60 days, seconded by Councilmember Evans. Councilmember Jones then stated that the cost of the fencing and dredging will cost a lot more than piping. Mr. Smith responded that he did not have the cost figures with him at this time, but he felt certain it will be less than piping all the drains within the City. Councilmember Torrey stated that he was also concerned about the total cost of the upkeep over the years. Mr. Smith responded that the City has to maintain the upkeep of the 30-foot whether it is piped or not. Mayor Hurley then called for the vote on substitute motion and it carried 7 to 2 with Councilmembers Jones and Ross voting against. 3. Public Works Commission Matters: Tim Wood presented this item and stated that he was proud to say that with all the water that PWC has, it is inside a piece of pipe. A. Consideration of the following bid awards to the lowest responsible bidder meeting specifications: Councilmember McBryde offered motion to accept the evaluated low bid on items 1, 2, and 3 as recommended by the Public Works Commission, seconded by Councilmember Ross and carried unanimously. They are as follows: 1. For purchase of one 4,800 pound GVW Pickup Truck (8' Body) LaFayette Motors; $25,334.00. 2. For purchase of four 7,700 pound GVW trucks w/Utility Body - Patrick Ford; $49,936.00. 3. For purchase of one 26,000 pound GVW Truck, Cab and Chassis - Edmac Truck Sales; $21,782.25. 4. Report from the Policy Committee. Policy Committee Chairman McBryde stated he wanted to clarify item 7 of the memo that was enclosed with the packet. Item 7 reads, “If the Mayor or presiding officer wishes to participate in debate on an issue, he or she should relinquish the chair while debating. This rule would not prevent the Mayor or presiding officer from providing information or background from the chair.” Mr. McBryde stated that Robert's Rules of Order states that the chair should be relinquished until after a vote is taken. However, since our Mayor does not vote on items except in a tie, he would be able to resume the chair following his comments. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 2, “ADMINISTRATION,” OF THE FAYETTEVILLE CITY CODE (ORDER OF BUSINESS). ORDINANCE NO. S1987-1 Councilmember Evans introduced the foregoing Ordinance and moved its adoption and the adoption of the Policy on Procedures at Council Meetings, Policy on Public Hearings and Delegations, and the Policy on Matters of Concern or Inquiries from Citizens, seconded by Councilmember Pillow. There was then some discussion concerning item 9 on memo regarding the voting lights--a green light for the first round and a red light for the second round. Mayor Hurley then called for the vote and it carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1987. 5. Consideration of amendment of Section 28-42 regarding commercial advertisement of taxicabs. Councilmember Kendrick offered motion to adopt the Ordinance on second reading, seconded by Councilmember Jones. Councilmember Evans stated that she did not feel the taxi drivers should have to pay a fee because they have such a rough time. Councilmember Jones stated that he thought that the price had been exempted, therefore, he withdrew his second. Councilmember Pillow then seconded the motion to adopt the second reading, motion carried 5 to 4 with Councilmembers Dawkins, McBryde, Kendrick, Torrey, and Pillow voting for and Councilmembers Jones, Evans, Johnson, and Ross voting against. 6. Consideration of Budget Ordinance Amendment Change 87-9. Councilmember Evans asked how much was left in the contingency account and what did we start with. Mr. Smith responded that we have $59,797 left in Council contingency and we begin with $100,000.00. Councilmember Evans offered motion to approve both budget ordinance amendments 87-9 and 87-10, seconded by Councilmember Pillow and carried unanimously. (This item was considered following the consent item.) 8. Consideration of the following Fayetteville Revitalization Commission matters: A. Proposal concerning traffic at Market Square. Councilmember Evans offered motion to hold a public hearing at the next regular meeting, seconded by Councilmember Kendrick and carried unanimously. At this time, Councilmember Evans stated she felt that her next request was relevant to the same item and offered motion to appeal to UMTA to allow automobile traffic and parking on the Olde Fayetteville Commons, seconded by Councilmember McBryde. Councilmember McBryde also stated he would like to contact the state senators. Councilmember Jones was recognized and stated that he wanted a letter written to the new senator (Sanford) and Senator Rose Councilmember Dawkins suggested that the person to contact would be Senator Jessie Helms since the Republican party is the one with the power at this time. All council concurred with the Suggestions, however, Councilmember Pillow stated that he feels we should go through the proper channels and he does not feel that congressional channels is it. He stated we should go through HUD first. Mr. Pillow also stated that he feels that employees will take over the parking spaces as before and we would have to possibly hire more police officers to handle just that. The Mayor called for a vote and it carried 8-1 with Councilmember Pillow voting no. B. Naming a portion of the CBD Loop in honor of J. Bernard Stein. Councilmembers Dawkins and Kendrick both made a request that no action be taken at this time on the unfinished CBD Loop. 9. Consideration of request by Fayetteville Airport Commission to dedicate the concourse in honor of J. Bernard Stein and Charles C. Clark. Councilmember Dawkins offered motion to dedicate the concourse in honor of J. Bernard Stein and Charles C. Clark as recommended by the Airport Commission, seconded by Councilmember Jones and carried unanimously. 10. Consideration of lease agreement with Carolina Telephone for Emergency Communications Center. Councilmember McBryde requested that this item be discussed at an Information Meeting and Council concurred. There was no discussion or action. 11. Consideration of request from Orange Street School Restoration and Historical Association, Inc., for funding for restoration of Orange Street School. Councilmember Evans offered motion to approve the funding from Council contingency for the Orange Street School Restoration and Historical Association, Inc., seconded by Councilmember Ross and carried unanimously. 12. Consideration of agreement regarding Municipal Records Retention and Disposition. Councilmember Evans offered motion to authorize City Manager and Mayor to execute agreement regarding municipal records retention and disposition, seconded by Councilmember McBryde and carried unanimously. 13. Consideration of rescheduling Regular Council Meeting of January 19, 1987, due to City holiday. Councilmember McBryde offered motion to reschedule the next meeting for Tuesday, January 20, 1987, due to the holiday of Martin Luther King, Jr., seconded by Councilmember Pillow and carried unanimously. 14. Delegations or Individuals Wishing to Address Council: Appearance by Betty Ford, 733 Eugene Street regarding proposed use of B. Melton Edge Athletic Field for professional baseball. Mrs. Ford was not present at tonight's meeting due to the matter being settled. 15. Appointments: A. Election to fill vacancy of Engineer category on Fayetteville Appearance Commission. Council unanimously elected Robert Myrl Harris to fill the Engineering category, term expiring December, 1988. B. Election to fill one vacancy on Personnel Review Board. Geraldine Henderson was unanimously elected to fill the unexpired term of Mr. B. T. McNeill. Ms. Henderson's term will expire December of 1987. C. Election to fill one vacancy on Historic Resources Commission. CouncIl unanimously elected Frank Barragan, III to fill the unexpired term of Mr. Wade Reece, term expiring October, 1990. D. Nomination to fill one vacancy on North Carolina Firemen's Relief Fund. Councilmember McBryde nominated Mr. Herman Bishop. E. Nomination to fill one vacancy on Fayetteville Revitalization Commission. Mr. Smith stated that General Rose had contacted the City Attorney with regard to him being a County resident and was advised that he needs to reside within the City to serve on this Commission. Councilmember McBryde offered notion to remove General John Rose due to the error on the City's part, seconded by Kendrick and carried unanimously. Mayor Hurley nominated Mr. Bill Pollitt. F. Approval of participation in City-County Fire Protection Liaison Committee. 1. Nomination and election of City Councilmember to serve on City-County Fire Protection Liaison Committee. Councilmember Evans nominated Mark Kendrick to serve on the City-County Fire Protection Liaison Committee and moved his election, seconded by Councilmember Dawkins and carried unanimously. 2. Approval for City Manager and Fire Chief to serve on City-County Fire Protection Liaison Committee. Councilmember McBryde offered motion to approve the City Manager and Fire Chief serving on the City-County Fire Protection Liaison Committee, seconded by Councilmember Ross and carried unanimously. 16. Administrative Reports: A. Report on schedule of bond sale and projects. Mr. Smith stated that he would probably present to Council at the next regular session the first set of proposed Capital Project Ordinances developed by the Management Team and other matters leading up to the March 24 bond sale will be brought forward for action as needed. B. Report on police Department take-home car program. Following lengthy discussion, mainly concerning officers taking the automobiles outside the City limits, Councilmember Kendrick offered motion to approve the late shift take-home car program on a trial basis, seconded by Councilmember McBryde and carried 7-2 with Councilmembers Torrey and Johnson voting no. C. Report on traffic light on Anderson Street and Maiden Lane. Mr. Smith requested Council defer this for further study. Council agreed. D. Report on left turn signal at Old Street and Green Street. Councilmember McBryde stated that he thought Council had approved the left-turn signals before and that Mr. Bennett stated they had to wait for some equipment to come in, but when the equipment came in they only put in two left turns. Mr. McBryde further stated he believed Council instructed Mr. Bennett to install left turns on all four corners approximately 1 or 1 1/2 years ago. Mr. Smith responded that there might be some misunderstanding on this because he believed the left turns were only for Green Street. At this time, Mayor Hurley relinquished the gavel to Mayor Pro-Tem and stated he was in favor of the recommendation. He also stated that one of the main concerns was that the first Citizens Bank Building has problems with their parking deck traffic trying to get out. The Mayor then resumed the chair. Councilmember McBryde offered motion that the City pay for and install left-hand turn lights on Green Street and Bow Street so that there will be left-turn signals on all four streets, seconded by Councilmember Ross and carried unanimously. Mr. Bennett stated that this is a state intersection, therefore he will need time to get permission from NCDOT. 17. Matters of Interest to Council: Councilmember Johnson stated that he wanted to make a motion to ask NCDOT to allow left turn from Morganton onto Oakridge Avenue going East, seconded by Councilmember Dawkins and carried unanimously. Councilmember Pillow questioned where the money for all of these traffic signals is coming from and Mr. Smith responded that there has been money budgeted for traffic signals without specified locations. Councilmember Kendrick stated that Sheriff Ottis Jones' father passed away January 2 in Erwin and he requested regrets from the City be sent. Councilmember Dawkins informed everyone that Attorney Charles Fox's daughter had been killed in an automobile accident in another county, and she had just graduated from North Carolina State University. Also, Attorney Seavy Carrol had recently passed away. He was a former District Court Judge and a former member of the State Senate. The Mayor then reminded Council that General Foss would be meeting with Council at the Kyle House conference room tomorrow morning at 11:10. The Mayor also thanked Council and staff for flowers sent to his mother during her stay in the hospital. There being no further business, the meeting was adjourned at 10:47 p.m. REGULAR MEETING TUESDAY, JANUARY 20, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS TUESDAY, JANUARY 20, 1987 7:00 P.M. Present: Mayor Bill Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Samuel Johnson, Mark Kendrick and Thelbert Torrey Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Robert M. Bennett, City Engineer Mayor Hurley called the meeting to order, and the invocation was given by Dr. John K. Bergland, Haymount United Methodist Church, followed by the Pledge of Allegiance to the Flag lead by Mayor Hurley. Councilmember Kendrick offered motion to approve the consent items A-C, seconded by Councilmember Jones, and carried unanimously. They are as follows: 1. Consent A. Approval of minutes of regular meeting of January 5, 1987. B. Approval of Lease Agreement for hangar space between Fayetteville Airport Commission and RMVP, Inc., dba Fayetteville Air Service. C. Approval to amend minutes of the January 5, 1987, meeting to reflect correct cost of item to he purchased. ($9,085.00 and not $25,334.00.) Mayor Hurley reminded those present of the policy for a 15-minute time limit for debate on a public hearing. 2. Public Hearing Consideration of traffic pattern at Market Square to be used in future planning for improvements. Mr. Bennett submitted the study as requested by the Revitalization Commission concerning the pedestrian access to the Market House. Appearing in favor of the item was W. A. Bissette, Chairman of the Revitalization Commission. Summarizing his presentation, Mr. Bissette stated that their main concern is to draw from Council, final decision on the traffic flow. Also appearing in favor was Mr. Horace Thompson, member of the Revitalization Commission and Olde Fayetteville Association. He stated that they wanted Council to consider the general design, and this does not eliminate the tight circular traffic, but they can make changes such as not raising the curbing if they don't want it raised. Appearing in opposition was Mr. Steve Satisky, DeVane Street resident and former Councilmember. Mr. Satisky stated that there is a safety factor, but no pedestrian injuries have occurred at the Market Square. He stated that a traffic change would be devastating to the merchants and is requesting Council consider how it will affect merchants and consider leaving the traffic flow as is. Clinton Harris, 3713 Watauga Road, appeared in opposition stating that he uses that circle from all areas, and he felt that it would create a hazard to make the changes that are proposed. Mr. Thompson responded to comments made that no one goes to the Market House, that a study was done a year ago, and it showed that there is visitation to the Market House. Mayor Hurley read a letter from Bobby Suggs, Olde Fayetteville Association, opposed to any changes of the Market Square traffic pattern. Councilmember Evans offered motion to make no change in the pattern but have Paul Lu proceed with plans with traffic flow as is, seconded by Councilmember Ross. Following discussion, Councilmember McBryde called for the question, and it was carried unanimously to cease debate. The main motion carried unanimously. 3. Consideration by rescheduling Regular Council Meeting of February 16, 1987, due to City holiday. Councilmember Kendrick offered motion to reschedule the February 16, 1987, regular meeting to February 17, 1987, as recommended by the City Manager, seconded by Councilmember Jones and carried unanimously. Mayor Hurley then reminded Council that they would be out of town at a League of Municipality Meeting in Washington on the first regular meeting in March. Councilmember Kendrick offered motion to reschedule the March 2, 1987, regular meeting to March 9, 1987, seconded by Councilmember Jones and carried unanimously. 4. Consideration of resolution setting public hearing for February 17, 1987, to consider the paving pursuant to petition of Topeka Street from existing pavement at eastern margin of Alvin Pierce property to the eastern line of Medfield Subdivision (northeast corner Lot 1 and southeast corner Lot 11) Plat Book 54, page 2, Cumberland County Registry. PRELIMINARY ASSESSMENT RESOLUTION (TOPEKA STREET). RESOLUTION NO. R1987-3. Councilmember Pillow introduced the foregoing resolution to set public hearing for February 17, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing Resolution is on file in the City Clerk's office in Resolution Book R1987. 5. Consideration of the following construction bids: A. Award of contract on Engineering Project #B0 5-338-86 for Resurfacing of various streets (bond funds). Mr. Bennett presented this item and stated that there was a correction to be made on the list. School Street should be changed to Adams Street from Eastern Boulevard to “B” Street. Mr. Bennett stated that the manholes and valve boxes would be raised no longer than ten days prior to resurfacing. (A copy of the list is attached to the original minutes.) Councilmember Dawkins offered motion to award to Crowell Construction Company in the amount of $912,071.72, seconded by Councilmember McBryde and carried unanimously. B. Award of contract on Engineering Project #04-337-86 for construction of BB&T/Franklin Street Parking Lot. Mr. Bennett stated that the low bidder on the general construction was Cumberland Paving Company in the amount of $100,718.64, electrical construction low bid, Hogue Electric, in the amount of $4,752.04, and landscaping construction low bidder, Greenleaf Associates, Inc., in the amount of $9,953.88. Mr. Bennett stated that Council had budgeted $120,000 for this project, and the total low bids was $115,428.56. Councilmember Evans offered motion to approved the Engineering project as recommended, seconded by Councilmember Pillow and carried unanimously. 6. Consideration of Revision, Repeal or Amendment to various City ordinances. The City Attorney presented this item and stated that a lot of the sections in the City Code book date back to 1950. Hopefully this will eliminate a lot of unnecessary pages in the City Code Book. A. Repeal Ordinances AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REPEALING VARIOUS SECTIONS OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1987-3. B. Revision Ordinances AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING OR REVISING VARIOUS SECTIONS OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1987-4. Councilmember McBryde introduced the foregoing ordinances A and B and moved their adoption, seconded by Councilmember Pillow and carried unanimously. A copy of the foregoing Ordinances are on file in Ordinance Book 81987 in the City Clerk's office. 7. Consideration of amendment to Section 5-17 of the Fayetteville City Code, “Consumption of intoxicating liquors.” The Airport Manager presented this item and stated that this amendment would allow private lounges or private receptions with alcoholic beverages at the Airport. AN ORDINANCE AMENDING SECTION 5-17 (A) OF THE CITY CODE OF THE CITY CODE OF THE CITY OF FAYETTEVILLE (CONSUMPTION OF INTOXICATING LIQUORS). ORDINANCE NO. S1987-5. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Evans and carried unanimously. 8. Consideration of a purchasing contract for a street sweeper to Twin State Equipment Company, Inc., the low evaluated bid. Mr. McGugan presented this item and stated that they are recommending the second low bidder, Twin State Equipment Company, Inc. whose bid listed two insignificant exceptions to the specifications, causing no problem with performance or quality in any way. The low bidder, Cavalier Equipment Company did not meet the specifications in eight areas. Councilmember Ross offered motion to award the contract to the lowest responsible bidder meeting specifications, Twin State Equipment Company, Inc., in the amount of $83,682.00, seconded by Councilmember Dawkins and carried unanimously. 9. Consideration of a proposed City/NC DOT agreement for widening Sycamore Dairy Road from Bragg Boulevard westwardly to the existing curb and gutter section. Councilmember Evans offered motion to approve the Municipal Agreement as recommended by the City Engineer, seconded by Councilmember Kendrick and carried unanimously. 10. Presentation of Auditor's Report for fiscal year ending June 30, 1986. Mr. Smith made comments on the Audit Report, and Charlie Johnson, Auditor, made a presentation before Council. Mr. Johnson stated that one problem he had noticed was that budget amendments were not made in a timely manner. Also, that the grant findings did not show the match for federal funds in a timely manner. He stated that there was one person working with grants and even though Ms. Grigley is a very, very capable person, the volume of work and the change in our personnel created this problem. Mr. Johnson stated that on the subject of being late, we are dealing with a tremendous amount of information, and the lack of enough personnel to handle this could result in being late. Councilmember Dawkins stated that this is the quickest and best Audit Report in the 11 years he has been receiving them. He complimented the Finance Director and his staff for all the hard work they have put in. 11. Consideration of adoption of Capital Project Ordinances (bond funds): Mr. Smith presented this item and stated that this is the first set of bonds to be sold. He stated that it is our intent to have the Local Government Commission sell $4,300,000.00 in April of 1987. Following some discussion, Councilmember Evans offered motion to approve Items A-L as recommended, seconded by Councilmember Pillow and carried unanimously. A. 87-885 Fire Station B. 87-886 Street Resurfacing C. 87-887 CBD Loop D. 87-888 Cain Road E. 87-889 Cool Spring Street F. 87-890 Purdue/Cheselka Street G. 87-891 Right-of-Way Protection H. 87-892 Railroad Crossings I. 87-893 Soil Streets J. 87-894 Sidewalk Projects K. 87-895 Drainage Study L. 87-896 Drainage Projects 12. Consideration of revision to adopted Capital Project Ordinances. Mr. Smith presented this item. He stated, in response to the auditor's remark, that the budget ordinances are brought before Council as needed. A. Traffic Signal System B. Ray Avenue C. Airport Terminal Councilmember Ross offered motion to adopt Capital Project Ordinances 87-8 and 87-9, Items A, B and C as recommended by the City Manager, seconded by Councilmember Kendrick and carried unanimously. 13. Consideration of a new Section 20-145.1 authorizing additional equipment for rotation wreckers. Mr. Roger Stancil responded to the question at the last meeting concerning the affect this amendment has to the rotation list. He explained that at the present time, the wrecker industry must have the larger wreckers to be on the rotation list. This proposed amendment allows them to also have and use a smaller wrecker if they want to. Also, if damage is done to a small automobile being pulled by a wrecker, the wrecker company is responsible. If the wrecker company does not have the proper equipment to pick up a smaller car without damaging it, they can refuse the call. At this time, John Ray, City Wrecker Inspector, reminded Council that if a wrecker company refused three calls, there could be action taken. Following lengthy discussion, Councilmember McBryde moved to adopt the ordinance as recommended, seconded by Councilmember Kendrick and carried unanimously. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING A NEW SECTION 20-145.1, “ADDITIONAL EQUIPMENT AUTHORIZED.” ORDINANCE NO. R1987-6. A copy of the foregoing ordinance is on file in the Clerk's Office in Ordinance Book S1987. 14. Consideration of request to appoint a special committee to study provision of parks and recreation services for the Fayetteville urban area. Dr. Sandy Saunders, Chairman of the Recreation Advisory Commission, and Dr. Phil Caldwell, Chairman of Friends of the Parks, both made a presentation to Council concerning this matter. Councilmember McBryde offered motion to follow the recommendation of Dr, Saunders to appoint the Study Commission, seconded by Councilmember Dawkins. There was some further discussion, and Councilmember Kendrick called the question. There was a 3/4th's vote in favor of ceasing debate, Therefore, Mayor Hurley called for a vote on the main motion and it carried unanimously. Council requested that this proposal be submitted to the County Commissioners through the City/County Liaison Committee. Councilmember Evans issued an invitation to Dr. Saunders to make a presentation at the next regular Liaison meeting which would be January 29, 1987. 15. Appointments: A. Election of Herman Bishop to North Carolina Firemen's Relief Fund. Councilmember McBryde offered motion to elect Herman Bishop to the North Carolina Firemen's Relief Fund, seconded by Councilmember Torrey and carried unanimously. B. Election of Bill Pollitt to the Fayetteville Revitalization Commission. Councilmember Pillow offered motion to elect Bill Pollitt, seconded by Councilmember Dawkins and carried unanimously. C. Nominations to fill one vacancy on Fayetteville Revitalization Commission. No nominations. D. Nominations to fill one vacancy on Human Services Commission. No nominations. 16. Administrative Reports: Statement of Taxes collected for the month of December from Cumberland County Tax Collector. Following Mr. Smith's submission of the statement of taxes collected for the month of December from the Cumberland County Tax Collector, he reminded Council of the Information Meeting next Monday night and stated there would he several presentations to be made. The City Attorney was recognized and recommended settlement of $200.00 on the condemnation of Mr. Richard Moore's property at the northeast corner of intersection of Winslow and Barrett Streets. Councilmember McBryde offered motion for a $200.00 settlement to be made, as recommended by the City Attorney, seconded by Councilmember Dawkins and carried unanimously. Mr. Cogswell notified Council that he would he on vacation during the Information Meeting. Mr. Cogswell also made reference to the Cain Road upcoming improvements. He stated that before he became City Attorney, he had appeared before Council as a citizen vehemently complaining about the Cain Road. He stated that only proves, “what goes around, comes around.” Mayor Hurley reminded everyone of the Information Meeting on January 26, 1987. He reported that he had a chance to see Little Jay and that he was a lot better looking than his Grandfather Dawkins. The Mayor also thanked the officer for being present at the meeting. There being no further business, the meeting was adjourned at 9:15 p.m. INFORMATION MEETING MONDAY, JANUARY 26, 1987 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, JANUARY 26, 1987 7:00 P.M. Present: Mayor Bill Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Samuel Johnson, Mark Kendrick, and Thelbert Torrey Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Mayor Hurley called the meeting to order and the Invocation was given by Councilmember Torrey. The first item for discussion was the proposed lease between the City and the Arts Council for the Stein Library Building. The City Manager presented a proposed lease and explained its provisions. Councilmember Jones suggested that in Paragraph 9, wording should be changed to allow the Arts Council to paint interior walls without City permission. Council asked the City Manager to place this item on the next agenda with this change. The next item for consideration was the proposed City Communications Center. This discussion by the City Manager and the Communications Director, Ed Dow included consolidation of the Administrative Phone System and Communications. Dohn Broadwell presented a request by the Fayetteville Economic Development Commission for funding by the City at the same level as the Economic Development Division of the Chamber of Commerce. Councilmembers indicated their willingness to approve such funding. John Davis, Chairman of the Cumberland County Joint Planning Board, and Al Mitchell of the planning staff presented the proposal for development of a new comprehensive plan for Fayetteville and Cumberland County. Upon motion by Councilmember McBryde, seconded by Councilmember Kendrick Council voted unanimously to set a public hearing for February 2, 1987, to receive input on possible intersection improvements at Hay Street and Highland Avenue. Councilmember Kendrick announced that the Buildings and Properties Committee would meet Wednesday, February 4, 1987, at 12:00 noon at Western Sizzlin. There being no further business, the meeting was adjourned. REGULAR MEETING MONDAY, FEBRUARY 2, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, FEBRUARY 2, 1987 7:00 P.M. Present: Mayor Bill Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson and Mark Kendrick. Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John “Ben” Brown, Assistant City Manager for Staff Services Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Robert M. Bennett, City Engineer Tim Wood, PWC Manager George Vaughan, City/County Planning Director Mayor Hurley called the meeting to order and called on Councilmember Dawkins to offer the Invocation. Following the Invocation, Mayor led the Pledge of Allegiance to the Flag. The Mayor then invited the family members of the late Seavy Carroll to come before Council and he read a resolution acknowledging the support, guidance, and dedication that is characterized in Mr. Carroll's forty years of service to his community and country. Mayor Hurley also recognized the two Youth Council members present in the audience. At this time Mayor Hurley stated that there was a correction to be made in the consent agenda. Item 1 P date of setting Public Hearing should be changed from March 2 to March 9. The City Attorney also had a correction to one of the pages in the Lease for the Arts Council on Item 1 N and distributed a copy with the correction to the Councilmembers. Councilmember McBryde offered motion, seconded by Councilmember Pillow to approve the consent items A through Q with the corrections and carried unanimously. The consent items are as follows: 1. Consent: A. Approval of minutes of regular meeting of January 20, 1987. B. Approval of minutes of information meeting of January 26, 1987. C. Approval of a request for a refund of City taxes to Timothy and Lorrie Bell in the amount of $33.61. D. Approval of a request for a refund of City taxes to Lee and Cathy Bennett in the amount of $109.23. E. Approval of a request for a refund of City taxes to Frank and Connie Gant in the amount of $31.79. F. Approval of a request for a refund of City taxes to Teddie Harrison in the amount of $24.15. G. Approval of a request for a refund of City taxes to R.H. Hartness in the amount of $33.11. H. Approval of a request for a refund of City taxes to Christine Bullock Henry in the amount of $26.72. I. Approval of a request for a refund of City taxes to Frederick and Margie Hill in the amount of $11.58. J. Approval of a request for a refund of City taxes to Cleo Katsoudas in the amount of $17.65. K. Approval of a request for a refund of City taxes to Guy P. Smith in the amount of $3.14. L. Acceptance of grant agreement between N.C. Department of Transportation and City of Fayetteville to pave, mark and light air carrier apron and construct terminal access road. M. Acceptance of grant agreement between N.C. Department of Transportation and City of Fayetteville to construct baggage claim area and canopy. N. Authorize advertisement of Lease Agreement between City of Fayetteville and Arts Council of Fayetteville/Cumberland County, Inc., for use of the Stein Library Building. O. Approval of resolution adopting the Prospectus as a guide for developing a new Comprehensive Plan for Fayetteville and Cumberland County. RESOLUTION ADOPTING PROSPECTUS. R1987-4. P. Set Public Hearing for March 2, 1987, to consider an amendment to the City of Fayetteville Code of Ordinances, Chapter 32, “Zoning,” Article IV, Section 32-22, Item (20) addressing sporting events when operated by a public school or other public body as a permitted use in the R15 Residential District. Q. Adoption of a resolution authorizing the sale of one (1) tract of PWC property - southeast corner of Shaw Mill Road and CSX Railroad. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY (SHAW MILL ROAD). R1987-5. A copy of the foregoing resolutions is on file in the Clerk's office in Resolution Book R1987. The Mayor then recognized a group from Fayetteville Technical Institute. There was approximately 15 students present who are studying government at this time towards their adult high school diploma. Mr. Milt Wofford, a former Councilmember, was also recognized in the audience. Mayor Hurley then reminded the audience of the 15-minute debate period for pros and 15 minutes for cons on Public Hearings, which can consist of more than one spokesperson each. 2. PUBLIC HEARING A. Consideration of improvements to Hay Street at Highland Avenue. The City Manager presented this item and the alternatives from his memo to the Mayor and Council are: 1. Widen Hay Street to five lanes with a left turn lane and line up Oakridge and Highland Avenue to create a more normal intersection. This option would be the best from a purely traffic engineering standpoint. However, the cost to the City and the disruption of existing property would make this option unwise from a cost-benefit standpoint in his opinion. 2. Widen Hay Street at the Highland Intersection and add a protective left turn movement. The City would need to acquire some additional right-of-way on both sides. 3. Install a traffic signal system similar to the one over at Morganton and Skye Drive which would delay eastbound traffic on one cycle to allow westbound traffic a few seconds of protective left turn. The disadvantage of this system is that sometimes motorists misunderstanding the lights and turn left during the unprotective cycle believing they are protected. The advantage is that no widening would be necessary. Mr. Smith stated that they have asked the State to study this option. 4. The fourth option is to leave the situation as is. Mr. Smith recommended that Option No. 2 or No. 3 with Option No. 2 being the better of the long-term solution. Mr. Smith further stated that this Public Hearing is for public input and to get direction from Council. There needs to be no decision made tonight. Mr. Walter Moorman, resident and business owner near the area in question appeared before Council stating that he does not feel there is a problem of the magnitude to warrant the attention it is getting. Mr. Moorman stated he feel: that the completion of the Central business District Loop will alleviate some of this problem. Mrs. Sue Bandy was recognized and stated that she concurred with Mr. Moorman. She suggested that they consider two left turn arrows on a trial basis. Mr. David Walters, antique business owner, and Mr. Ed Grannis, Jr., a property owner and resident of the area, also concurred with Mr. Moorman and Mrs. Bandy. Following lengthy discussion, Councilmember Dawkins stated that he felt some action should be taken tonight so that the people in attendance of the Public Hearing could leave with a little more information. Councilmember Dawkins offered motion instructing the staff to pursue the synchronized turn signal through North Carolina Department of Transportation seconded by Councilmember Evans. Following some further discussion, Councilmember McBryde called for the question. Mayor Hurley then asked for a vote on the main motion and it carried 8 to 1 with Councilmember Johnson voting no. 3. PWC Matters: A. Consideration of resolution authorizing condemnation to acquire certain property for sanitary sewer easement. Mr. Wood presented this item and stated that he has been unable to get in touch with the owner of this property and even though the owner might be willing to negotiate, Mr. Wood feels that we need to go ahead with the condemnation in order to proceed as soon as possible. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF SHERIDAN L. BYERLY. R1987-6. Councilmember Evans introduced the foregoing resolution and moved it adoption, seconded by Councilmember Jones and carried unanimously. 4. Consideration of sale of surplus property (parking meters). Mr. Smith stated that most of these parking meters are in bad shape and the suggested sale price would be $5.00 per meter. Council then asked the City Attorney if they would be able to purchase the parking meters and he responded that they would not be able to due to the face that they passed the action. RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY (PARKING METERS). R1987-7. Councilmember Kendrick introduced the foregoing resolution and moved it adoption, seconded by Councilmember Ross. Councilmember Jones called for the question. Mayor Hurley and Councilmembers inquired as to whether the Mayor should let the Councilmembers that had pressed their green lights for recognition on the matter speak before allowing the question to be called. City Attorney responded that after the last Council meeting he checked with Robert's Rules of Order and they basically say that when it appears debate had come to a close, so to speak, then the chair can entertain such a motion. Robert's Rules encourage debate from both sides, so if it is cutoff before all of the green lights have had a chance to be recognized, someone that might wan to speak against the item might not be able to. Mr. Cogswell suggested that a long as there are green lights, they should be allowed to speak. After the green lights are exhausted, Mayor can ask if they are ready for the question Then the first start of the red lights could call for the question. Following further brief discussion after acknowledging remaining green lights for recognition, Mayor Hurley called for the question and a vote on the main motion was unanimous. A copy of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1987. 5. Consideration of raising wrecker storage charges from $3.00 to $4.00 per day. Mr. Smith stated that the Rotation wrecker System has requested that the storage charges per car be increased from $3.00 to $4.00 per day. It has been since 1977 that this rate was set. Following brief discussion Councilmember Evans offered motion to approve the schedule change and increase from $3.00 to $4.00 per day, seconded by Councilmember McBryde and carried unanimously. 6. Consideration of actions relating to Emergency Communications Center: A. Approval of Budget Ordinance Amendment 87-11 and Capital Project Ordinance Amendment Change 87-10 to CAP 84-9. B. Approval of Lease Agreement between Carolina Telephone and Telegraph Company and City of Fayetteville. Councilmember Evans offered motion to approve A and B, seconded by Councilmember Pillow. Councilmember McBryde was recognized and stated that he liked part A but didn't like part B the way it was presented at the last meeting. However, he liked part A more than he dislikes parts B. Therefore, he will have to vote for the motion. Councilmember Ross stated that she feels time is very important to survival, so she is in favor of the motion. There being no further discussion on the motion it carried 8 to 1 with Councilmember Jones voting against. 7. Consideration of adoption of demolition ordinance for property located at 213 Bryan Street, Apts. 1, 2, and 3. Mr. Smith stated that Walter Hair had requested that this item be pulled frown the agenda since the owner had begun work. 8. Consideration of request for funding for Fayetteville Economic Development Commission. Councilmember McBryde offered motion to follow the recommendation of the City Manager to authorize the City Manager to execute outside agency agreement, seconded by Councilmember Kendrick and carried unanimously. 9. Consideration of ordinance amendments: A. Revision to Chapter 4, “Aircraft and Airports,” regarding helicopter, landing fees and use of terminal facilities. AND ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING VARIOUS SECTION OF CHAPTER 4, “AIRCRAFT AND AIRPORTS,” OF THE FAYETTEVILLE CITY CODE. ORDINANCE NUMBER S1987-8. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously. B. Insurance requirement for Special Events. There was lengthy discussion. Councilmember Pillow stated that he feels that any time an outside agency uses the City property they should be required to have insurance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTIONS 20-167 AND 26-43(f) OF THE FAYETTEVILLE CITY CODE. S1987-9. Councilmember Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Jones. Motion carried 8 to 1 with Councilmember Pillow voting no. A copy of the foregoing ordinances is on file in the Clerk's office in Ordinance Book S1987. 10. Consideration of request to erect gate and fence at Rowan Street Park. Mr. Cogswell presented this item and stated that Mr. Sol Cherry would assume all liabilities and if the fence was ever taken down, his gate would obviously be taken down also. Councilmember Kendrick offered motion to approve the agreement, seconded by Councilmember Ross and carried unanimously. 11. Report from Policy Committee A. Consideration of amendment to drainage policy. Policy Committee Chairman McByrde presented this item and stated that it was simply changing the word “will” to “may” in the first paragraph of the policy concerning participation. This is in case the City does not have the money to participate. Councilmember Evans offered motion to approve the amendment to the Policy, seconded by Councilmember Pillow and carried unanimously. B. Consideration of policy regarding naming of City facilities. Councilmember McBryde stated that the Policy Committee unanimously recommend that municipal facilities he named after deceased individuals when the project is complete. Mr. McBryde pointed out that this policy does not affect the Central Business District Loop because it is not City property. Councilmember Ross stated that she has discussed this with several people and they all feel that they should not wait until a person dies before giving this kind of recognition because it could make a good impression on children. Especially if a facility was named after “Bonecrusher” Smith for example. Councilmember Jones also agreed that it should not be named after a deceased person only if Fayetteville is to grow. Councilmember Torrey offered motion to amend the policy to living or dead instead of just deceased, seconded by Councilmember Ross. Following lengthy discussion, Councilmember Evans offered a substitute motion to follow the recommendation of the Policy Committee that municipal facilities be named after deceased individuals when the project is complete, seconded by Councilmember Pillow and carried 5 to 4 with Councilmembers Evans, Dawkins, McBryde, Pillow, and Kendrick voting for and Councilmembers Ross, Johnson, Jones, and Torrey voting against. 12. Consideration of request frown Councilmember Sam Johnson for consideration of bridge over CBD Loop at Arsenal Avenue. Councilmember Johnson stated that he wants a bridge put into the plans for the CBD Loop but would not want to do anything to jeopardize or upset any plans at this present time. Therefore, he recommends that the City Engineer be asked to contact the D.O.T. and ask the feasibility, and nothing more, if the two ramps on the other side of the bridge could be put in, within that close from Hay Street to Arsenal Avenue. Following lengthy discussion, Councilmember Torrey offered motion that we recommend to NCDOT to continue as planned, seconded by Councilmember Evans. The motion was withdrawn because NCDOT is already planning to continue the 1CBD project. 13. Appointments: A. Nominations to fill one vacancy on Fayetteville Revitalization Commission. Councilmember Jones nominated Mrs. Sandy Simpler. Councilmember Pillow nominated Mr. Leonard Hedspeth. B. Nominations to fill one vacancy on Human Services Commission. Councilmember Ross nominated Ms. Mary Layton. 14. Administrative Reports: A. Report on damage at Honeycutt Recreation Center. Mr. Smith stated that he was concerned with the safety of the building and authorized a contract to remove a portion of the Honeycutt Recreation building at a cost of $9,100. Councilmember Jones questioned why work was not done to correct a problem over a year ago that might have prevented this from happening. Mr. Smith responded that it was reported that only a portion of the roof was damaged. However, it was discovered that there was more extensive damage than was earlier believed, and the estimate to repair this damage would have been $27,000 to $28,000. Councilmember Ross concurred with Mr. Jones. Councilmember Kendrick stated that he feels we need to just tear down the Honeycutt Recreation Center and build a new facility. Councilmember Pillow stated that he believed we need to consolidate some of the centers, possibly using the USO building to consolidate. Councilmember Johnson also feels that we need new buildings and more swimming pools. Mr. Smith then stated that a motion is needed to correct the Information Meeting Minutes of January 26 showing that Robert C. Cogswell was present when he was not present. Councilmember Kendrick offered motion, seconded by Councilmember Jones and carried unanimously to correct the information minutes of January 26, 1987. Mr. Cogswell was recognized at this time. He stated that he wanted to clarify something concerning the earlier discussion on Robert's Rules of Order. He stated he stands corrected in that Robert's Rules say that if a body wants to cease debate, then you need a two-thirds vote to cease debate. Council also has an ordinance that everyone has the right to speak twice, therefore, he was trying to merge the two as a solution. Councilmember McBryde was recognized and stated that the Policy Committee would be meeting on Tuesday the 10th at the Kyle House Conference Room, 7:00 p.m., to go through the Policy Book. Thereafter, they would be meeting the second Tuesday of each month at the Kyle House at 7:00 p.m. Councilmember Dawkins was recognized and stated he had requested in writing some information from John Smith about some concerns we are having with the new Burglar Alarm Ordinance and he has received a response. Mayor Hurley thanked the police Officer for being in attendance at the meeting. There being no further business, the meeting was adjourned at 8:55 p.m. SPECIAL MEETING THURSDAY, FEBRUARY 26, 1987 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER THURSDAY, FEBRUARY 26, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J.L. Dawkins, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick. ABSENT: Councilmember Milo McBryde (excused) OTHERS PRESENT: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John “Ben” Brown, Assistant City Manager for Staff Services Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Robert M. Bennett, City Engineer Tim Wood, PWC Manager Mayor Hurley called the meeting to order and welcomed everyone to the make-up meeting from the ice storm on February 17, 1987. Following the invocation by Councilmember Kendrick, Mayor Hurley led the Pledge of Allegiance to the American Flag. At this time Councilmember Evans stated that Councilmember McBryde had requested she speak for him in requesting a postponement on the voting for Item 5b concerning the lease of the USO property to enable him to vote on the matter. Following remarks from several Councilmembers, it was decided to hear the matter at the proper time and then make the decision on whether to vote or postpone the voting. Councilmember Kendrick requested and was granted the opportunity to recognize his father, Chuck Kendrick, and Mr. Rudy Hernandez, who previously served with the 187 Regimental Combat Team and is a recipient of the Medal of Honor. Mayor Hurley then recognized Betty Jo Goodenough in the audience who has recently returned to Fayetteville from Florida. Mayor Hurley then stated that there would be some changes to the agenda that was to be presented at the February 17 Council meeting. One is to add G to Item 1 Consent and delete Item 2 A. Councilmember Kendrick offered motion to approve the Consent agenda including Item G and adopt the resolutions, seconded by Councilmember Torrey and carried unanimously. 1. Consent A. Approval of minutes of regular meeting of February 2, 1987. B. Set public hearing for March 16, 1987, 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 772 Country Club Drive. (#P87-1) C. Set public hearing for March 16, 1987, to consider the rezoning from R5 Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the west side of the All American Expressway, north of Cliffdale Road. (#P87-10) D. Approval of the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 225 Dick Street (#P87-7) E. Approval of Lease Agreement between City of Fayetteville and Arts Council of Fayetteville/Cumberland County, Inc., for use of the Stein Library Building. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY (ART'S COUNCIL). R1987-8. F. Approval of bid awards for purchase of chemicals for water and wastewater treatment for calendar year 1987. (PWC) G. Set public hearing for April 6, 1987, to consider the paving pursuant to petition of a portion of Cochran Avenue between the existing pavement at eastern margin of Alvin Pierce property and eastern line of Medfield Subdivision (northeast corner of Lot 1 and southeast corner Lot 11) Plat Book 54, page, 2, Cumberland County Registry. PRELIMINARY ASSESSMENT RESOLUTION (PAVING COCHRAN AVENUE). R1987-9. A copy of the foregoing Resolutions are on file in the Clerk's office in Resolutions Book R1987. 2. Public Hearings: Consideration of paving pursuant to petition of a portion of Cochran Avenue between the existing pavement at eastern margin of Alvin Pierce property and eastern line of Medfield Subdivision (northeast corner Lot 1 and southeast corner Lot 11) Plat Book 54, page 2, Cumberland County Registry. (This item was deleted due to readvertising requirement.) 3. PWC Matters: A. Approval of bid awards for incremental addition of 8 MGD treatment capacity at P.O. Hoffer Water Treatment Plan to low bidders. Mr. Wood presented this item and recommended award of contracts to the lowest bidders who are for general contractor, Thamer Construction Company in the amount of $1,585,336 and for the builder contractor, Roberts Filter Manufacturing Company in the amount of $397,975. Councilmember Evans offered motion to award to the low bidders as recommended, seconded by Councilmember Jones and carried unanimously. B. Report on availability of water and sewer services in the City. Mr. Wood made reference to Mr. Stancil's memorandum concerning this item. He stated that PWC could tell how many customers they do have but not how many customers they do not have. A copy of Mr. Stancil's memorandum is attached to the original minutes.) Councilmember Torrey asked if there are people in the City that do not have water and sewer. He questioned if there is a policy requiring residents to be connected to PWC water and sewer when they are brought into the City. Mr. Wood responded that they do not enforce the ordinance, that would be up to the City. However, they do not require citizens to hook-up if they don't ask to be hooked up. Some citizens have adequate wells and septic tanks and do not want to be connected. This could be expensive to them in some areas. There was further discussion and questions from Councilmembers. Mr. Stancil responded that through the resources we do have, which is Community Development staff, the Minimum Housing Inspector and Public Works Commission, they are not aware of anyone in the City who wants running water and sewer who either cannot get it or does not have it. Following lengthy discussion, Council took no action. C. Approval of bid award for purchase of 9,600 feet of 16-inch Ductile Iron Water Pipe, Class 50 to Griffin Pipe Products, the low bidder. Mr. Wood recommended the award of the contract to the low bidder, Griffin Pipe Products Company in the amount of $153,888. Councilmember Dawkins offered motion to award as recommended, seconded by Councilmember Jones and carried unanimously. D. Approval of bid award for purchase of 10,000-gallon hydropneumatic water tank to Southern Pump & Tank Company, the only bidder. Mr. Wood stated that they had invited five bidders but only received one bid. Therefore, he recommends awarding the contract to Southern Pump and Tank Company in the amount of $12,366. Councilmember Kendrick offered motion to award as recommended, seconded by Councilmember Ross and carried unanimously. 4. Committee Reports: A. Report of Policy Committee - Consideration of amendment to Section 2-23(b) of the Fayetteville City Code concerning Council debate. Councilmember Evans presented this item for Councilmember McByrde and stated the Committee unanimously recommended that the ordinance be revised to provide for the recognition of a call for the question only after the second round of debate begins. Mr. Cogswell clarified the ordinance for Council. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 2, “ADMINISTRATION” OF THE FAYETTEVILLE CITY CODE. S1987-9. Councilmember Evans moved to adopt the foregoing ordinance, seconded by Councilmember Pillow and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1987. B. Report of Buildings and Properties Committee. Councilmember Kendrick, Chairman of the Buildings and Properties Committee, reported that several items were discussed at the meeting but the main item was consolidation of City offices and more information would be forthcoming through a letter in the near future. John Smith added that this is an update of what was suggested eight years ago. 5. Consideration of the following recommendations from the Parks and Recreation Advisory Commission: A. Consideration of amendment to Lions Club Lease Mr. Sandy Saunders, Chairman, Recreation Advisory Commission, stated that the City has a 99 year lease with the Fayetteville Lions Club and the building currently supports, at no charge, the Fayetteville/Cumberland Youth Council. Mr. Saunders suggests that the City formerly accept the responsibility of maintaining the grounds and parking facilities associated with the Lions Club enter. Councilmember Evans offered motion to advertise the amendment of the lease with the Fayetteville Lions Club, seconded by Councilmember Jones and carried unanimously. B. Consideration of Lease of U.S.O. Property Mr. Saunders presented this item and stated that the Parks and Recreation Advisory Commission had reviewed using this building and the department would be prepared to begin operations shortly after Fort Bragg officials have removed the asbestos within the building. He stated that the Commission was unanimously recommending that the City of Fayetteville enter into a lease agreement with the Department of the Army to operate the USO property as a multi-purpose center. If this arrangement becomes unmanageable for whatever reason, they would he able to cancel the lease. City Manager Smith stated that the Army had informed us that they intend to remove the asbestos. He then recommended that if Council wishes to consider the lease that the following stipulations apply: 1. The provisions regarding asbestos be stricken from the lease. 2. A letter be attached to the lease stating that the City's acceptance of the lease is based upon its understanding that “Multi-Purpose Community Center” means that the building will be made available for use by civilian and military groups in the community for meetings and functions consistent with the policies, rules and regulations of the City of Fayetteville Parks and Recreation Department. Following lengthy discussion, Mayor Hurley reminded Council that they were to make a decision on Mr. McBryde's request to postpone voting on this item. He then asked for a show of hands of those who would like to take action on this item tonight. There was a five to four vote to take action. Therefore, Mayor entertained a motion. Councilmember Ross offered motion to accept the lease. At this time, the City attorney was recognized and stated as a point of order that Council needs to rescind the previous action taken on this matter. Councilmember Ross then offered motion to rescind the previous action by Council, seconded by Councilmember Torrey and carried unanimously. Councilmember Ross offered motion to accept the lease to include the two stipulations as recommended by Mr. Smith, seconded by Councilmember Torrey and carried unanimously. 6. Request to address City Council from Mrs. Pat Hales. Mrs. Pat Hales was recognized and she introduced the President of the North Fayetteville Athletic Association, Mr. Chuck Archer. Mr. Archer stated they had appeared before City Council three times and were assured each time that immediate action would be taken to ready this field, but nothing has been done as yet. He also stated that the County has procrastinated since 1978 on this same field. Mr. Archer wanted to impress on Council that this field is needed and needed now. In addition to having to go to other parks for practice or playing hall games, they were going to be required to pay an additional fee by the County. Mr. Smith responded that he has been negotiating with the County and they have set a purchase price of funds involved. The County cannot disperse of this property unless assurance that the grant would be met and we are now at that point. Jack Wilson, Parks and Recreation Director, responded to the extra charge of fees by the County by stating he had an agreement with Mr. Arnette of the County that no fee charges would be made of the College Lakes residents. Mr. Smith stated he feels he will be able to have some documents for Council to act on at their next meeting. Mayor Hurley moved Item 15 up to this portion of the agenda. 15. Consideration of request from Bicentennial Committee for funding for Professional Historian to research Market House. Mayor Hurley recognized those present because of an interest in this item. There were approximately ten hands raised. He then recognized Mr. Ken Robinson for a presentation. Mr. Robinson is the architect in residence and a member of the Bicentennial Steering Committee. Mr. Robinson stated that the Market House is in need of repair for the celebration. However, it is necessary to commission a professional historian to research the building's history before any work can proceed. He further stated that they wanted to not only just research the Market House but to research the occasion as well. Councilmember Johnson asked the City Attorney if there is going to be a problem with doing this work if someone else has a deed. Mr. Cogswell responded that no one else but the City of Fayetteville owns the Market House. Councilmembers Ross and Torrey requested of Mr. Robinson that all the facts be brought out in this report when the research is complete. Councilmember Dawkins concurred. Councilmember Kendrick offered motion to appropriate $15,000 and do the research as requested, seconded by Councilmember Jones and carried unanimously. Mayor Hurley thanked all those present from the Committee and recognized Harry Shaw, Chairman of the Historic and Scenic Sites Commission. 7. Consideration of a one-year lease with the Capital Department Store for the Anderson Street parking lot. Following the City Manager's presentation, Councilmember Dawkins offered motion to enter a one-year lease with the Capitol Department store for the Anderson Street parking lot, seconded by Councilmember Evans and carried unanimously. 8. Consideration of a Municipal Agreement with N.C. Department of Transportation for installation of a drainage pipe under US 301 adjacent to the proposed Industrial Park on NC 87. Following Mr. Bennett's presentation, Councilmember Jones suggested that we establish a drainage commission to protect the areas. Councilmember Dawkins offered motion to approve the agreement as recommended, seconded by Councilmember Pillow and carried unanimously. 9. Consideration of request from Mr. Tony Holland, Manager of Wachovia Bank Building, for use of a portion of the Union Street right-of-way between Cross Creek and Mason Street. Following Mr. Smith's presentation, Councilmember Dawkins offered motion, seconded by Councilmember Jones and carried unanimously to authorize City staff to negotiate conditions and finalize plans. 10. Consideration of amendment to Mobile Home Park Ordinance. Upon motion by Councilmember Jones, seconded by Councilmember Kendrick and carried unanimously, a public hearing was set to be August 6, 1987. 11. Consideration of request to County Delegation to repeal Section 8.12 - 8.14 of the City Charter. The City Attorney stated that the word “Wrestling” should be added to the title of the repeal. Councilmember Kendrick offered motion to adopt the proposal including Wrestling, seconded by Councilmember Ross and carried unanimously. 12. Appointments: A. Election of nominee to Fayetteville Revitalization Commission. Councilmember Dawkins offered motion to elect Leonard N. Hedgepeth by acclamation, seconded by Councilmember Kendrick and carried unanimously. Mr. Leonard N. Hedgepeth, 3517 Thamesford Court, elected to fill the unexpired term of John J. Rose, term to expire June, 1987. B. Election of nominee to Human Services Commission. Councilmember Kendrick offered motion to elect by acclamation Ms. Mary Layton, seconded by Councilmember Jones and carried unanimously. Ms. Mary Layton, 212 Davis Street, for a two-year term to expire March, 1989, replacing Tony Maccy. 13. Administrative Reports: A. Report of taxes collected for the month of January, 1987, from the Cumberland County Tax Collector. B. Other. Proposal to add Dental Health Care benefits. Mr. Smith stated that there was a projected rate increase in the Budget adopted June, 1986, for health insurance. It was not necessary to implement this increase. Therefore, funds are available for the Dental Plan. Following brief discussion, Councilmember Kendrick offered motion, seconded by Councilmember Ross to approve the Dental Plan for the employees and carried unanimously. C. Consideration of settlement of condemnation - Jimmie Harvey and wife (southwest corner of intersection of Dick Street and Blount Street). The City Attorney presented this item and recommended settlement for $1,200. Councilmember Dawkins offered motion to approve the settlement as recommended, seconded by Councilmember Kendrick and carried unanimously. 14. Consideration of request from the Post Office for removal of parking restrictions on Union Street. AN ORDINANCE AMENDING CHAPTER 20 “MOTOR VEHICLES AND TRAFFIC” OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (PARKING ZONES - UNION STREET). NS1987-4. Councilmember Evans offered motion to follow the recommendation and adopt an ordinance to remove parking restrictions on Union Street, seconded by Councilmember Jones and carried unanimously. A copy of the foregoing Ordinance is on file in the Clerk's office in Ordinance Book NS1987. Item 15 from the agenda was considered previously. Item 16 from the agenda was pulled. At this time, Mr. Smith reported on the snow removal of February 16. He stated that there was a cost of $11,000 to the City reported by the Engineering Department. Mr. Bennett reported that there was also some damage on Cool Spring Street by a large tree being weighted down by the sleet and frozen rain, falling into the creek taking approximately 30 feet of street with it and endangering the sanitary sewer line. PWC has secured the sanitary and sewer line. Councilmember Dawkins reminded everyone of the “Bonecrusher” fight. There being no further business, the meeting was adjourned at 9:25 p.m. REGULAR MEETING MONDAY, MARCH 9, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MARCH 9, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J.L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, 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 Services Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Robert M. Bennett, City Engineer Gordon Allen Mitchell, Deputy Director, City/County Planning Department Mayor Hurley welcomed everyone to the first meeting in March and called the meeting to order at 7:00 p.m. Following the invocation offered by Reverend John Cuthill, Immanuel Baptist Church, Hull Road, the Mayor led the Pledge of Allegiance to the American Flag. Councilmember Kendrick offered motion to approve the Consent Items I.A. through J. and the adoption of ordinances and resolutions, seconded by Councilmember Ross and carried unanimously. The Consent Items are as follows: 1. Consent. A. Approval of a request for a refund of City taxes to Everett Altman in the amount of $19.21. B. Approval of a request for a refund of City taxes to Employment Benefit Systems, Inc., in the amount of $14.49. C. Approval of a request for a refund of City taxes to Harvey Jacobsen in the amount of $90.81. D. Approval of a request for a refund of City taxes to Ray Stevens in the amount of $10.06. E. Approval of a request for a refund of City taxes to Tart's Wrecker Service, Inc., in the amount of $21.18. F. Adoption of resolution setting public hearing for April 6, 1987, to consider paving the following streets without petition: Arbor Road from Stacy Weaver Drive to Dead End Concord Drive from Arbor Road to Southland Drive Southland Drive from Arbor Road to Stacy Weaver Drive Cooper Road from Stacy Weaver Drive to Southland Drive Hampton Road from Stacy Weaver Drive to Southland Drive Kenwood Drive from Arbor Road to Hampton Road PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF ARBOR ROAD FROM STACY WEAVER DRIVE TO DEAD END, CONCORD DRIVE FROM ARBOR ROAD TO SOUTHLAND DRIVE, SOUTHLAND DRIVE FROM ARBOR ROAD TO STACY WEAVER DRIVE, COOPER ROAD FROM STACY WEAVER DRIVE TO SOUTHLAND DRIVE, HAMPTON ROAD FROM STACY WEAVER DRIVE TO SOUTHLAND DRIVE, AND KENWOOD DRIVE FROM ARBOR ROAD TO HAMPTON ROAD. RESOLUTION NO. R1987-10. G. Adoption of resolution setting a public hearing for April 6, 1987, to pave the following streets pursuant to petition: 1. Center Street from May Street to Cul-de-sac 2. Holly Lane from Raeford Road to Dead End 3. Willis Street from Cochran Avenue to Dead End PRELIMINARY ASSESSMENT RESOLUTION (CENTER STREET) RESOLUTION NO. R1987-11. PRELIMINARY ASSESSMENT RESOLUTION (HOLLY LANE) RESOLUTION NO. R1987-12. PRELIMINARY ASSESSMENT RESOLUTION (WILLIS STREET) RESOLUTION NO. R1987-13. H. Adoption of resolution authorizing the sale of a portion of City owned Lot No. 28, Scotty Hills Homes Subdivision, Plat Book 22, page 24, to Mr. James McCoy for $900. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE (LOT 28, SCOTTY HILLS HOMES SUBDIVISION) RESOLUTION NO. R1987-14. I. Adoption of revisions to the City Code - Section 20-106 Traffic Schedule No. 6 - Stop Intersections and Traffic Schedule No. 14 - Yield Right-of-Way. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 14 - YIELD). ORDINANCE NO. NS1987-5. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS, OAKRIDGE AVENUE). ORDINANCE NO. NS1987-6. A copy of the foregoing ordinances and resolutions are on file in the Clerk's Office in Resolutions Book R1987 and Ordinance Book NS1987. Mayor Hurley reminded those present of the 15-minute limit for the pros and 15 minutes for the cons on public hearings. 2. Public Hearings: A. Consideration of an amendment to the City of Fayetteville Code of Ordinances, Chapter 32 “Zoning,” Article IV, Section 32-22, Item (20) addressing sporting events when operated by a public school or other public body as a permitted use in the R15 Residential District. Case P87-6. The City Attorney clarified that this is a text amendment to make it clear that public buildings can be leased to a third party. There was no one for or against appearing before Council on this matter. AN ORDINANCE AMENDING SECTION 32-22(20), “R-15 RESIDENTIAL DISTRICT,” OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1987-10. 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 S1987. At this time, Mayor Hurley recognized Mr. Bob Lewis, County Commissioner, in the audience. 3. Consideration of Budget Amendment appropriating $25,000 for City's share of baseball seating. Mr. Smith stated that Council has previously approved in concept the appropriation of $25,000 for temporary seating based upon the following conditions: 1. Designation of a site 2. Negotiation of a satisfactory lease 3. Commitment of $25,000 by the County 4. Commitment of $150.000 by the franchise owners Mr. Smith further stated that now that the site has been established and the lease finalized, the improvements will be owned by the County. One possible alternative is that the City provide the $25,000 for site improvements and that this amount could be credited by the County against the City's purchase of the College Lakes Park property, and the County retain ownership of all the improvements at the stadium site. Councilmember Ross offered motion to follow the recommendation of the City Manager. The motion died for a lack of a second. Councilmember Jones offered substitute motion to make an even trade-off with the College Lakes property for the $25,000, seconded by Councilmember Evans. There was lengthy discussion. Mayor Hurley relinquished the gavel to Mayor Pro Tem Dawkins in order to share his suggestion to form a City/County Stadium Commission and to bear in mind that we might want to annex that property some day. Councilmember McBryde offered substitute motion to approve the $25,000 and negotiate for the County property, seconded by Councilmember Johnson. Following further discussion, Mayor Hurley called for a vote on the substitute motion. The motion failed 5 to 4, with Councilmembers McBryde, Dawkins, Jones, and Johnson voting for, and Kendrick, Torrey, Evans, Pillow, and Ross voting against. The Mayor stated that we would then return to the main motion by Councilmember Jones to make an even trade. Following some further discussion, Mr. Smith made a request to offer some additional information. He stated that the County purchased the College Lakes property with the help of grant money. This came with a stipulation that the property could only be used for a park. It is Mr. Smith's understanding that the County no longer wants to develop this property but it cannot be sold to anyone else due to the grant stipulation. It can, however, be conveyed over to the City as long as the City meets the stipulations of the grant. Since the acquisition of this property will mean an obligation to spend money to develop this property for a park, it would be an expenditure the County no longer would have. Therefore, it would be difficult to put a price on the property as such. The main motion carried unanimously. 4. Appearance by Mr. Charles Smith regarding request to name Central Business District Loop for Raymond Floyd. Mr. Smith gave some of the background on Raymond Floyd. He informed Council that Ray Floyd was not only a U.S. Open winner, but the third largest P.G.A. winner. He stated that a committee had been formed consisting of Mayor Hurley; Sheriff Ottis Jones; Morris Bedsole, County Commissioner Chairman; Betty Masa, Homebuilders Association; Randy Fraley, Cablevision; Bill Kirby, Fayetteville Times; and himself. They wanted to honor Raymond Floyd by having a Ray Floyd Day and chose the CBD Loop from beginning to the end of the proposed CBD Loop named the Raymond Floyd Expressway. Mr. Smith introduced the people who also appeared as being supportive of honoring Raymond Floyd: Mr. Cobby Reaves, representing Chamber of Commerce; Mr. Greg Parks, representing Fayetteville Sports Clubs; and Mr. Alex Franco, representing the Fayetteville Area Board of Realtors; all appeared as being supportive of honoring Raymond Floyd. Mr. Smith presented a petition containing 532 names requesting this honor. Councilmember McBryde stated that this is not a City street, it is a State road, and therefore would not be contrary to City policy. Councilmember Evans made a suggestion that there be a Raymond Floyd Day and banquet to honor him. Councilmember Dawkins stated that he felt no matter whether it is a City or a State road, they should follow the policy and not name the project until it was completed. But if they are considering this, it would need some time for reconsideration. Councilmembers Pillow and Ross concurred that it should not be named for anyone until the road is completed. Mayor Hurley relinquished his gavel in order to comment that he felt the City should show positive gestures and we should show that we are proud that Raymond Floyd is from our City. Councilmember Jones offered motion to support the naming of the CBD Loop through a resolution to North Carolina Department of Transportation, seconded by Councilmember Johnson. Following some further discussion, Mr. Dawkins stated that since he will be meeting with DOT on Wednesday and can report back with input from them, he offered substitute motion to delay this discussion until the next meeting which will be Monday, seconded by Councilmember McBryde. There was further discussion, and the Mayor called for a vote on the substitute motion to delay. The motion failed with Councilmembers Dawkins, McBryde, Jones, and Pillow voting for, and Councilmembers Johnson, Torrey, Kendrick, Ross, and Evans voting against. Mayor Hurley then called for a vote on the main motion which was to support the naming of the CBD Loop and the motion failed with Councilmembers Dawkins, McBryde, Jones, and Johnson voting in favor, and Councilmembers Kendrick, Torrey, Evans, Pillow, and Ross voting against. At this time, Mayor Hurley moved to Item 14 D and recognized Barbara Hayward, Director of the Fayetteville Museum of Art. 14D. Request by Museum of Art Mrs. Hayward stated that the Festival Sculpture project, funded by a matching grant from the Department of Commerce/Division of Travel and Tourism will be installing three temporary outdoor sculptures: one to be located at the Market House, one on the Museum grounds, and one at the Airport. She stated that she was appearing before Council tonight to receive approval for the Market House project and gave a background on the artist, Patrick T. Dougherty, who would be doing the project at the Market House. She presented a photostatic copy to each of the Councilmembers of the proposed artwork sculpture. Councilmember Evans offered motion to approve the request, seconded by Councilmember Ross, and carried unanimously. Mayor Hurley then requested the City Manager to present Item 14 B at this time. 14B. College Lakes Park Mr. Smith stated that the preliminary site plan has been developed and will be presented to the Parks and Recreation at their next meeting and then will be presented to the neighborhoods for their input. An offer will be put before the County for the transfer of the property subsequent to Council's earlier action at tonight's meeting. 5. Consideration of rescinding previous award of contract to Greenleaf Associates, Inc., for landscaping the Franklin Street/BB&T Parking Lot. Mr. Bennett stated that this contract had been awarded on January 20, 1987, to Greenleaf Associates, Inc. in the amount of $9,929.14. The contract provisions required both a performance and a materials and labor bond to be presented in the amount of 100 percent of the contract. Greenleaf Associates, Inc. has failed to provide this security and advises verbally that they cannot meet these contract provisions. A written statement to this fact was requested but has not been received to date. Mr. Bennett further stated that he recommended rescinding the award to Greenleaf Associates, Inc. and awarding the contract to the second low bidder, who has communicated to him verbally that they can meet the contract provisions and perform the work on schedule. The second low bidder is Allen & Company Landscape Contractors, Inc., whose bid was $11,358.75. Councilmember Evans offered motion to follow the recommendation and award the contract to the second low bidder, seconded by Councilmember Pillow and carried unanimously. 6. Consideration of intersection improvement at the northwest corner of Ft. Bragg Road/Westmont Drive. Mr. Bennett stated that cars turning this corner frequently bounce across the curb and sidewalk area. This condition can be corrected by acquiring a small triangular tract of right-of-way and constructing an adequate turning radius at an estimate cost of $2,700. This amount is to be taken from the unallocated Powell Bill Funds budgeted for street construction. This project was implemented at Councilmember Johnson's request and Mr. Johnson has personally contacted each of the property owners involved. Councilmember Dawkins offered motion to follow the recommendation of Councilmember Johnson, seconded by Councilmember Kendrick and carried unanimously. 7. Consideration of adoption of a resolution approving an agreement with NC Department of Transportation for improvements along Morganton Road at Skye Drive intersection. Following Mr. Bennett's presentation and discussion, Councilmember Dawkins offered motion to approve the project, seconded by Councilmember Pillow and carried unanimously. A copy of the resolution for Project No. 8.7344032 is attached to the original minutes. 8. Consideration of resolution authorizing exchange of radio equipment with Wake County. The City Manager requested this item be pulled for changes to be made to the resolution. This will be put on next Monday night's agenda. 9. Consideration of award of contract for Sign Sheeting to 3M Company, lowest responsible bidder. Councilmember Kendrick offered motion to award the contract to the low bidder of the 3M Company in the amount of $27,282.92, seconded by Councilmember Evans and carried unanimously. 10. Consideration of award of contract for street sweeper to Tennant Company, lowest responsible bidder. Mr. Smith stated that this is used at the Transit Mall and the funding source would be through an UMTA grant. Following lengthy discussion, Councilmember Dawkins offered motion to award to the low bidder of Tennant Company in the amount of $22,242.25, seconded by Councilmember Kendrick and carried unanimously. 11. Consideration of revision of Code of Ethics. Mr. Cogswell made a recommendation for some changes in the policy as recommended by the Institute of Government following their review of the Code of Ethics. Councilmember Kendrick offered motion to follow the recommendation of the City Attorney and refer this item to the Policy Committee, seconded by Councilmember Jones and carried unanimously. At this time, Councilmember McBryde, Chairman of the Policy Committee, announced that the meeting next Tuesday is cancelled. This item will be the first thing on the agenda for the following meeting. 12. Consideration of a request from Hilda Jackson for City participation in purchase of retirement credit for service with the I.D. Bureau. Councilmember Jones offered motion, seconded by Councilmember Ross, to approve the request from Ms. Jackson for City participation in purchase of retirement credit for service with the I.D. Bureau. Motion carried unanimously. 13. Appointments: A. Nominations to fill three vacancies on the Human Services Commission. The nominations were James E. Flanders, nominated by Councilmember Evans; Ms. Parker Lindsay, nominated by Councilmember Kendrick, and Mrs. Leslie Kiewra, nominated by Councilmember Ross. B. Nominations to fill one vacancy on the Taxicab Review Board. Mr. Samuel F. Gerald, Jr. was nominated by Councilmember Evans. 14. Administrative Reports: A. New Law Enforcement Officers Retirement Benefits Mr. Smith reviewed this with Council and stated that the North Carolina League of Municipalities is recommending repeal of this legislation, not because they want to deny benefits to Police Officers but because: 1) the General Assembly has singled out one group of municipal employees for special treatment as to compensation and benefits, 2) the General Assembly has placed the burden of paying for this program on the local units of government, and 3) at the time that the legislation was passed, the General Assembly did not have adequate figures on what this would cost local taxpayers. B. College Lakes Park. This item was considered following Item 4. C. Assessments for streets, water and sewer in annexed areas. Mr. Smith stated that this is in response to a request by Councilmember Kendrick. Mr. Smith stated that none of the assessment rolls have been adopted on any of the street projects yet. The Council at its January 22, 1986, meeting voted to apply discounts for early payment of assessments on a case-by-case basis. It was discussed with the Institute of Government and they advised that if we varied the discounts, we need to state a “very good reason.” It was recommended that this be turned over to the Policy Committee. D. Request by Museum of Art This item was considered after Item 4. Councilmember Pillow referred to a request from Ms. Violet Forbis and asked if anything had been done other than a letter written to NCDOT. Mr. Smith responded that nothing can proceed until they hear from DOT. Councilmember Jones requested to be excused from the next regular Council meeting due to being out of town, and this was granted. Mayor Hurley then stated that there was a need to schedule a meeting with the Legislative Delegation before they go into their long session. A breakfast meeting for Monday, March 23. The time and location will be announced. Mayor Hurley then stated that it was time for the yearly meeting of the City Council and County Commissioners for the goals and objectives. It was agreed that this could be at the liaison meeting on March 26 at the Golden Corral Steak House on Bragg Boulevard. However, the time was changed from noon to one o'clock at the suggestion of Councilmember McBryde. Councilmember Johnson requested the City Manager to try and have the budget submitted as early as possible. Mayor Hurley then reminded everyone of the regular Council meeting on the 16th of March and the information meeting on March 23. Mayor Hurley also reminded everyone of the Chamber of Commerce Annual Meeting on Thursday, March 12. There being no further business, the meeting was adjourned at 9:37 p.m. REGULAR MEETING MONDAY, MARCH 16, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MARCH 16, 1987 7:00 P.M. Present: Mayor John W. Hurley Councilmembers J.L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, 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 Services Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Robert M. Bennett, City Engineer Wilbur E. Johnson, Fire Chief Ronald E. Hansen, Police Chief Gordon Allen Mitchell, Assistant City/County Planning Director Mayor Hurley called the meeting to order and called on the Reverend Teresa Lawrence, St. Luke AME Church, to offer the invocation. Mayor Hurley then lead the Pledge of Allegiance to the American Flag. 1. Consideration of rescheduling Regular Council meeting of April 20, 1987, due to City Holiday (Easter Monday). Councilmember Dawkins offered motion to reschedule the regular meeting of April 20, 1987, to April 21, 1987, seconded by Councilmember Ross and carried unanimously. 2. Consent: Councilmember Kendrick offered motion, seconded by Councilmember Pillow, to approve Consent Items A through G, carried unanimously. The items are listed as follows: A. Approval of minutes of regular meeting of February 26, 1987. B. Adoption of Resolution setting public hearing for April 21, 1987, to consider closing an unnamed street off Edmonton Road. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF UNNAMED STREET OFF EDMONTON ROAD. RESOLUTION NUMBER R1987-15. C. Adoption of Resolution setting public hearing for April 21, 1987, for paving Wisconsin Drive, without petition, from Florida Drive to Loop Road as shown on plat of Wildewood by Moorman & Kizer, Inc., dated May, 1986. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF WISCONSIN DRIVE FROM FLORIDA DRIVE WESTERLY TO LOOP ROAD. RESOLUTION NUMBER R1987-16. D. Adoption of Resolution setting public hearing for April 21, 1987, to consider closing a portion of Beckwith Avenue (formerly Huske Street). PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF BECKWITH AVENUE. RESOLUTION NUMBER R1987-17. E. Approval of bid awards for purchase of 373 transformers of varying sizes and KVA to low bidders. (PWC) F. Approval of bid award for purchase of 400,000 feet Aluminum Conductor, and 200,000 feet Sweetbriar Conductor to Rigby Electric, low bidder meeting specifications. (PWC) G. Approval of proposed agreement with CSX Transportation (railroad) for crossing their tracts at 12 locations with traffic signal communication line. RESOLUTION Be it resolved by the City Council in regular meeting assembled that the Mayor of said City be, and he hereby is, authorized to enter into an agreement with CSX TRANSPORTATION, INC. (“CSXT”), and to sign same on behalf of said City whereby CSXT grants unto said City the right or license to install and maintain an aerial traffic signal cable across the right-of-way and over trackage of said CSXT at Fayetteville, North Carolina, as particularly described in said agreement, which agreement is dated February 2, 1987, a copy of which agreement is filed with the City Council. 3. Public Hearings: Mayor Hurley reviewed the Public Hearing process for those present. A. Consideration of the rezoning from R5 Residential District to CIP Shopping Center District or to a more restrictive zoning classification for an area located on the west side of the All American Expressway, north of Cliffdale Road. (P87-1) Al Mitchell presented this matter and stated that the Planning Board recommends approval. The Planning Staff is recommending denial based on the land use plan for the area. A valid protest petition has been submitted to the City Clerk which will require a three-fourths vote of all Councilmembers. Appearing for the rezoning was Mr. Waverly Broadwell and Mr. Joe Riddle. Both requested the rezoning because of meeting this property for developing this area. They concurred that traffic will increase no matter what develops on this property. However, the road system would be beefed up to handle the additional traffic. G. Neil Yarborough, Cumberland County Attorney, was recognized. He stated that he was not there to influence Council on rezoning property because there would be a coliseum put there, but to acquaint Council with the facts surrounding this facility and the relationship to this land to their facility. This is one of the three locations being recommended by the Task Force. There has not been a final vote on the site as yet. He further stated that to acquaint Council on what is at stake is that their decision could eliminate one of these three sites. Cliff Strassenberg, Cumberland County Manager, was recognized and asked that Council afford the County the opportunity to consider this area, along with other locations, for consideration of the coliseum. They just wanted to keep that option open. Appearing against the rezoning was Mr. Wayne Clark, representing Windtree and Three Colonies. He presented a petition with 704 names in opposition. Ms. Patricia Keller, 675 Newport Road in Montclair, appeared in opposition asking those present to show their hands who had been living in that area before the shopping mall was built, and approximately 50 people present raised their hand. Mr. John Lancaster, Whitney Drive, Westwood, asked Council to consider why all the other sites were eliminated in the beginning. Mr. Matthew J. Watts, 605 Berwick in Montclair, asked Council to stand by their original zoning and leave the area high intensity residential development. Lorina Watson, a resident in the 1-95 and Highway 53 area on the east side of the County appeared before Council and wanted to have the coliseum in their area and not in the Cliffdale Road area. Mr. Larry McLaughlin, a Westwood resident, and representing Westwood, Kingsford. Three Colonies, Windtree and Montclair. He stated that they were there first and resent being considered a buffer. All those appearing in opposition concurred that casual traffic would be impaired, there would be excess commercial activity, there would be a decrease in their property values, there would be a potential drainage problem, there would be too much concrete and no greenway. There were approximately 125 present in opposition. Councilmember Johnson asked to share his view, which was that anything put in that area will draw traffic. He had made an inquiry as to how many apartments can be put on that 44 acres and found that there could be as many as 600 to 1,200 apartments that can be put there. He stated that this will mean a lot of people, a lot of cars, and a lot of traffic, no matter what is put on that 44 acres. Councilmember Evans offered motion to follow Planning Staff and deny the rezoning, seconded by Councilmember Kendrick. Councilmember Dawkins stated they could not do contract zoning. They can look at only the zoning matter. Therefore, he plans to support the motion. Councilmember Kendrick stated what concerns him most is that the City Council was not included in the planning of this matter and that the County makes plans and then expects the City to go along with it. He concurred with Councilmember Dawkins that we cannot zone people, but must zone property. Councilmember Ross stated that to have a strong neighborhood for the family as God intended, she strongly supported leaving the neighborhood as it is. Mayor Hurley called for the question since there was no one else requesting to speak on the motion. The motion passed with Councilmembers Evans, Dawkins, McBryde, Jones, Pillow, Ross, and Kendrick voting for and Councilmembers Torrey and Johnson voting against. At this time, Mayor Hurley recognized Mr. Jerry Meek in the audience, who had just been elected president of the National Young Democrats. Mayor Hurley then stated he wanted to share his thought concerning the most ideal use of the property on Cliffdale Road. He said it would be best to keep it as a park for generations to come. We need the elbow room and to keep the green. Councilmember Dawkins requested that Parks and Recreation investigate and pursue the matter of future parks. Al Mitchell reminded Council that the City has a plan but a lot of the areas are being consumed for other things. We need to follow the plan. Mayor Hurley then moved to Item 5 since Mr. McBride had come here from Raleigh for the meeting on this matter. 5. Consideration of Resolution authorizing the issuance and sale of $4,300,000 general obligation public improvement bonds of the City of Fayetteville, pursuant to bond orders heretofore approved and providing for the form, details and payment thereof. Mr. McBride, Bond Counsel, presented the Resolution and read its title. He stated that the bid notices had gone out on Friday and the bids will be open in Raleigh a week from tomorrow. He stated that this bond resolution approved that and authorizes the Mayor and City Manager to approve any interest rate on the bond as long as it comes in at less than 9 percent. Mr. McBride stated that he estimated it would be far less than 9 percent. RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $4,300,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND OF THE CITY OF FAYETTEVILLE, PURSUANT TO BOND ORDERS HERETOFORE APPROVED AND PROVIDING FOR THE FORM DETAILS AND PAYMENT THEREOF. RESOLUTION NUMBER R1987-18. Councilmember Kendrick offered motion to adopt the above resolution, seconded by Councilmember Ross. Councilmember Jones offered substitute motion to set the interest rate contained on Page 3 of the Bond Order not to exceed 9 percent, seconded by Councilmember McBryde, and the substitute motion carried unanimously. Mayor Hurley then called for a vote on the main motion to adopt the resolution and it carried unanimously. A copy of the foregoing resolution is on file in City Clerk's Office in Resolution Book R1987. 3B. Consideration of rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 772 Country Club Drive. Mr. Jim Cooper appeared for the rezoning, representing Mr. and Mrs. Daniel C. McDaniel, property owners, and stated that this area has changed and become used more for office use and businesses. In order to sell his property for office use, it will have to be rezoned. Appearing in opposition was Mr. Harry McLaughlin. He stated that he wants Council to consider the taxpayer that lives in the area and not one party interested only in making money. Mr. Daniel Dukes, a 17-year resident in the area doesn't want to move or have the area rezoned. Mr. C.M. Quick also appeared against the rezoning, even though he owns property in that area and would make money if it were rezoned. Councilmember Jones offered motion to follow the recommendation of the Planning Staff and deny the rezoning, seconded by Councilmember Ross. Councilmember Dawkins questioned if this would not constitute spot zoning. The City Attorney confirmed this. Mayor Hurley called for a vote on the motion and it carried unanimously. C. Consideration of Amendment to Chapter 30 of the Fayetteville City Code regarding “Trailers, Mobile Homes, and Mobile Home Parks.” Mr. Smith stated that this came as a request from Councilmember Jones to consider amending the City Code regarding requiring underpinning. Mr. Smith stated that although we do require tie-downs, some of the advantages of underpinning of mobile homes would be weatherization, protection of pipes and insulation, and appearance. Out of the 15 responses from other cities, five do require underpinning with different specifications. Mr. Smith further stated that this was a public hearing at the request of Mr. Jones for input purposes. There was no one present in favor or opposed to this matter. Council discussed this matter at length and took no action but requested more research for setting a deadline date for having all mobile homes underpinned. 4. Consideration of Resolution authorizing exchange of radio equipment with Wake County. This item was presented by Roger Stancil. He stated that the memo sent to Council explained the situation. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE SALE OF PERSONAL PROPERTY (EXCHANGE OF RADIOS WITH WAKE COUNTY). RESOLUTION NUMBER R1987-19. Councilmember 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 Resolution Book R1987. 5. (This item was considered following 3-A.) 6. Consideration of an Ordinance amending Section 26-43 “Special Events at the Mall,” of the City Code of the City of Fayetteville. Mr. Stancil presented this matter and stated that the first page of the ordinance at paragraph (h) should be corrected to show “obtain” a special event business license instead of “purchase” and to begin July 1, 1987. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 26-43 “SPECIAL EVENTS AT THE MALL” OF THE CITY CODE OF THE CITY OF FAYETTEVILLE. ORDINANCE NUMBER S1987-12. Councilmember Dawkins introduced the foregoing ordinance and moved its adoption with the corrections, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing Ordinance is on file in the Clerk's Office in Ordinance Book S1987. 7. Consideration of revision to City Code Section 20-106 - Traffic Schedule Number 8 - Speed Control - for North and South McPherson Church Road. Mr. Bennett presented this item and suggested a change from 45 to 35 by rescinding from the schedule. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE 8 - SPEED CONTROL - MCPHERSON CHURCH ROAD). ORDINANCE NUMBER NS1987-7 Councilmember Evans offered motion to adopt the ordinance as recommend by the City Engineer, seconded by Mr. Pillow. Following some discussion, Councilmembers concurred with Councilmember Dawkins that an effective date of April 1, 1987, should be set to give drivers time to be notified of the change. Councilmember Johnson offered substitute motion to set a 40 mile per hour speed limit all the way from Raeford Road to the 401 Bypass, seconded by Councilmember Jones. Councilmember McBryde stated that he feels 40 miles per hour is too fast for the business end of McPherson Church Road. There was further discussion. Mayor Hurley stated that he felt that we should not add another speed zone in addition to the 45 and 35 throughout the City. Councilmember Evans called for the question and the substitute motion failed 6 to 3 with Councilmembers Johnson, Jones, and Ross voting for and Councilmembers Dawkins, McBryde, Evans, Pillow, Torrey and Kendrick voting against. Mayor Hurley then called for a vote on the original motion which was to follow the recommendation with an amendment to set an effective date of April 1, 1987. The motion carried 7 to 2 with Councilmembers Johnson and Jones voting against. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1987. 8. Consideration of change in monitoring of alarms. Mr. Stancil presented this item and stated that all of the alarm companies had been notified and there were two representatives present at the meeting tonight. There was lengthy discussion concerning the fact that this is the time for the City to get out of the alarm monitoring business. Fire Chief Johnson, Police Chief Hansen and Mr. Stancil recommended that Council approve discontinuation of alarm monitoring in the City's Communications Center and authorize staff to work with Holmes Electric and ADT in achieving this. Councilmember Kendrick offered motion to follow the recommendation of staff and make this change in the monitoring of alarms, seconded by Councilmember McBryde and carried unanimously. 9. Consideration of revision to “National Flood Insurance, Flood Damage Prevention Ordinance.” Frank Simpson, Inspections Superintendent, presented this item and stated that it is an up-to-date model ordinance prepared by FEMA (Federal Emergency Management Agency). The adoption of this ordinance is to keep in line with the State and Federal guidelines. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REPEALING CHAPTER 12A, “FLOOD DAMAGE PREVENTION,” AND RECREATING CHAPTER 12A, “NATIONAL FLOOD INSURANCE, FLOOD DAMAGE PREVENTION,” OF THE CITY CODE. S1987-12. Councilmember Evans offered motion to adopt the foregoing ordinance, seconded by Councilmember Kendrick and carried unanimously. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1987. 10. APPOINTMENTS: A. Nominations to fill one vacancy on the Revitalization Commission. Ms. Sandy simpler was nominated by Councilmember Jones. B. Election of nominees to the Human Services Commission. Councilmember Pillow offered motion to elect by acclamation, seconded by Councilmember Jones and carried unanimously the following nominees: James E. Flanders, nominated by Mrs. Evans; Ms. Parker Lindsay, nominated by Mr. Kendrick; Ms. Leslie Kiewra, nominated by Mrs. Ross. C. Election of nominee to Taxicab Review Board. Councilmember Jones moved to elect by acclamation, seconded by Councilmember Ross and carried unanimously Mr. Sam Gerald, nominated by Mrs. Evans. 11. Administrative Reports: A. Statements of taxes collected for the month of February, 1987, from the Cumberland County Tax Collector. Mr. Smith presented the statement of February, 1987. b. Report on signalization of Russell Street/Ray Avenue and Fort Bragg Road/Hull Road. Mr. Bennett stated that the traffic count has shown that it does warrant traffic signals being installed in the two locations. He requested approval of these signal installations and authorization to get bids on the equipment. Councilmember Jones offered motion, seconded by Mrs. Ross to follow the recommendation of the City Engineer and approve the installation of these two signals and authorize the advertisement for bids. Motion carried 8 to 1 with Councilmember Johnson voting against. Mayor Hurley then recognized Councilmember Torrey who stated that he was concerned with the relationship with the County and the way several items had been voted down that involved the County lately. Mr. Torrey stated that he had reconsidered the Raymond Floyd naming of the CBD Loop and would like to make a motion to name the CBD Loop in its entirety after Raymond Floyd, seconded by Councilmember Johnson. Mayor Hurley informed Councilmembers Torrey and Johnson that matters of interest had been deleted from the agendas, therefore this would need to be put on an agenda for a future meeting if this is his desire. Mr. Torrey requested this be done. Mayor Hurley then called order to the meeting for the upcoming announcements. He reminded everyone of the breakfast meeting on March 23, at Deno's Restaurant on Bragg Boulevard with the Legislative Delegation. Mayor Hurley also reminded Council of the joint meeting with the County Commissioners on Thursday, March 26, at 1:00 p.m. at the Golden Corral Steak House on Bragg Boulevard. Mayor Hurley stated that the Human Services Commission has requested a short joint meeting with the City Councilmembers and it was the consensus of Council to meet with them at the information meeting on March 23, from 7:00 to 7:30 p.m. Councilmember Jones requested to be excused from the March 23 information meeting. He stated that he had rescheduled his out-of-town trip in order to be at tonight's meeting. His request was granted. There being no further business, the meeting was adjourned at 9:40 p.m. SPECIAL MEETING MONDAY, MARCH 23, 1987 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING DENO'S RESTAURANT MONDAY, MARCH 23, 1987 7:30 A.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Ida Ross, Joseph Pillow, Samuel Johnson, and Mark Kendrick. ABSENT: Councilmembers Mildred Evans, Jimmie Jones, Thelbert Torrey. OTHERS PRESENT: Members of Cumberland Legislative Delegation: Senator Tony Rand, Senator Lura Tally, Representatives C. R. Edwards, Joe Raynor, Nick Jeralds, Don Beard. John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations Robert C. Cogswell, Jr., City Attorney Mayor Hurley called the meeting to order and recognized City Manager Smith for a presentation on the Law Enforcement Retirement Benefit Program adopted by the General Assembly. The City Manager addressed the impact of this program on the City's finances. City Attorney Bob Cogswell then reviewed other positions by the North Carolina League of Municipalities and the City of Fayetteville on issues before the General Assembly. Mayor Hurley then addressed other concerns of this area. After general discussion, the meeting was adjourned at 8:50 a.m. INFORMATION MEETING MONDAY, MARCH 23, 1987 CITY COUNCIL INFORMATION MEETING MONDAY, MARCH 23, 1987 7:00 P.M. Present: Mayor John Hurley Councilmembers J.L. Dawkins, Milo McBryde, Mildred Evans, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick Absent: Councilmember Jimmie Jones (excused) Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations Ben Brown, Assistant City Manager for Staff Services Robert C. Cogswell, Jr., City Attorney Mayor Hurley called the meeting to order. After an invocation by Councilmember Pillow, Mayor Hurley led the Pledge of Allegiance to the American Flag. Mayor Hurley recognized Mrs. Anna Sherman, who presented her concerns over the sculpture attached to the Market House. Councilmember Johnson moved that the sculpture be removed. This motion was seconded by Councilmember McBryde. After some discussion, Councilmember Kendrick moved to ask Assistant City Manager Roger Stancil to confer with the Museum of Art and other interested parties to work something out concerning this issue and bring a solution back to Council at its regular meeting April 6. This substitute motion was seconded by Councilmember Ross. The motion was approved with Councilmembers Dawkins, Evans, Ross, pillow, Torrey, Kendrick voting in the affirmative, and Councilmembers McBryde and Johnson voting in the negative. The Mayor then began the regularly scheduled agenda of the meeting with a presentation by Mrs. Elesa Brown, Chairman of the Human Services Commission. Mrs. Brown asked the Councilmembers to read the information submitted and to allow the Commission to return to the Council with suggested dates for a joint meeting. Council then heard a presentation from PWC Manager Tim Wood regarding a proposed option to purchase the property of I.L. Vincent, Jr., et ux east of Stedman, North Carolina. Upon motion by Councilmember McBryde, seconded by councilmember Kendrick, the Council voted unanimously to authorize the Mayor to execute such option as recommended by PWC. Community Services Director Richard Herrera then presented an application for an emergency shelter grant form the North Carolina Department of Natural Resources and Community Development. Upon motion by Councilmember Evans, seconded by Councilmember Pillow, the Council voted unanimously to authorize the grant application with the Salvation Army being the sub-grantee. George Vaughan, Director of the Cumberland County Joint Planning Board then presented proposed sign regulations as developed by the Blue Ribbon Sign Commission. Upon motion by Councilmember Evans, seconded by Councilmember Ross, the Council voted unanimously to ask the City Attorney to review the proposed regulations and return to Council with his recommendation. The Council then heard a presentation on residential speed limits and traffic by City Manager John Smith, City Engineer Bob Bennett and Traffic Engineer Louis Chalmers. There being no further business, the meeting was adjourned at 9:20 p.m. REGULAR MEETING MONDAY, APRIL 6, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, APRIL 6, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, 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 Services Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Robert M. Bennett, City Engineer Ronald E. Hansen, Police Chief George Vaughan, City/County Planning Director Mayor Hurley called the meeting to order and welcomed everyone to the first meeting in April. Reverend E. K. Best, First Baptist Church, Burgoyne Drive, offered the invocation followed with the Mayor leading the Pledge of Allegiance to the American Flag. Mayor Hurley recognized the members present of the Fayetteville/Cumberland County Youth Council. They were Elainna Gaskins, Richard Newton, and John Byers. Mayor Hurley stated he was looking forward to the Youth Council week coming soon. At this time, Mayor Hurley stated that he would like to request that am executive session for litigation be called for at the end of the meeting. Mr. Dawkins was recognized at this time stating that he had a request of the County Commissioners agenda for this morning's meeting. At this meeting, the County Commissioners named the new ball park the Joseph P. Riddle Stadium in honor of Mr. Riddle for donating the property for the baseball stadium. Mr. Dawkins stated that he had formerly made a request that the County of Cumberland give to the City of Fayetteville 11 acres of land to be used as a park in the College Lakes area, on condition that the City meets all conditions of the grant. It was unanimous 5 to 0 to grant this land being deeded to the City. 1. Consent: Councilmember Kendrick offered motion to accept the consent items A through Q and adopt all resolutions, seconded by Councilmember Jones and carried unanimously. The Consent items are as follows: A. Approval of minutes of regular meeting of March 9, 1987. B. Approval of minutes of special breakfast meeting with Legislative Delegation held in March 23, 1987. C. Approval of minutes of information meeting of March 23, 1987. D. Approval of requests for refunds of City taxes to the following: 1. Margaret J. Brewington in the amount of $48.62. 2. Peter and Ira Crean in the amount of $130.90. 3. Prudie Dowless in the amount of $44.00. 4. Daniel C. Hall in the amount of $36.73. 5. Fred C. Hopkins in the amount of $43.99. 6. John Koenig in the amount of $2,725.69. 7. J. L. Nunnery in the amount of $3.63. 8. Charlie and Linda Peeler in the amount of $71.39. 9. Jones Robinson Prewitt in the amount of $21.75. 10. Martha Clark Purvis in the amount of $128.21. 11. James Smith in the amount of $8.74. 12. Joe Spearman in the amount of $29.37. 13. Success unlimited in the amount of $6.16. 14. Reas A. Williams in the amount of $33.28. 15. Sam Zahran and Son, Inc., in the amount of $13.20. E. Adoption of resolution setting public hearing for May 4, 1987, to consider paving Pate Drive. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF PATE DRIVE FROM MORGAN TON ROAD TO FORT BRAGG ROAD. RESOLUTION NO. R1987-20. F. Adoption of resolution setting public hearing for May 4, 1987, to consider construction of a drainage system off Purdue Drive. PRELIMINARY RESOLUTION REQUIRING THE CONSTRUCTION AND DRAINAGE SYSTEM ABUTTING DUCKS' NEST, SECTION 1. RESOLUTION NO. R1987-21. G. Approval of bid award to Suffolk Chemical Company, low bidder, for Hydrated Lime (Bulk Shipment) in the amount of $2.885/cwt. (PWC) H. Approval of bid award to Cities Supply Company, low bidder, for purchase of Sewer Rodding Machine in the amount of $12,387.10. (PWC) I. Set public hearing for May 4, 1987, to consider Community Development Block Grant Funding 1987-1988 Fiscal Year. J. Set Public Hearing for May 4, 1987, to consider the rezoning from R6 Residential District and R5 Residential District to M1 Industrial District or to a more restrictive zoning classification for an area located at 2921 Breezewood Avenue. (Case No. P87-16) K. Set public hearing for May 4, 1987 to consider the rezoning from RIO Residential District to C1(P) Shopping Center District or to a more restrictive zoning classification for an area located at 1950 Owen Drive (Case P87-25). L. Set public hearing for May 4, 1987, to consider the rezoning from R10 Residential District to R5A Residential District or to a more restrictive zoning classification for an area located at 813 Tally-Ho Drive (Case P87-34). M. Set public hearing for May 4, 1987, to consider the rezoning from R5 Residential District and P2 Professional District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 324 Cumberland Street (Case P87-38). N. Approval of the rezoning from R5A Residential District and C3 Heavy Commercial District to C1P Shopping Center District or to a more Restrictive zoning classification for an area located on the south side of Sycamore Dairy Road, West of Damascus Road (Case P87-23). O. Approval of the rezoning from R5A Residential District to C1(P) Shopping Center District or to a more restrictive zoning classification for an area located on the south side of Sycamore Dairy Road extension East of McPherson Church Road P. Approval of the rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located the north side of Sam Cameron Avenue, East of Gillespie Street (Case P87-40). Q. Approval of request by Patrolman Wade Owen for award of badge and weapon upon his retirement from the Fayetteville Police Department. The foregoing resolutions are on file in the Clerk's office in the Resolutions Book R1987. 2. Public Hearings: Mayor Hurley reminded those present of the 15-minute time limit for pros and cons. A. Consideration of resolution ordering paving of the following streets without petition: Arbor Road from Stacy Weaver Drive to Dead End Concord Drive from Arbor Road to Southland Drive Southland Drive from Arbor Road to Stacy Weaver Drive Cooper Road from Stacy Weaver Drive to Southland Drive Hampton Road from Stacy Weaver Drive to Southland Drive Kenwood Drive from Arbor Road to Hampton Road Mr. Bennett stated that there are six streets in College Lakes area that are unimproved and due to the very loose soil and no drainage system, the streets are particularly difficult to maintain. The drainage system that will serve the streets is also needed to serve the City Fire Station site which is proposed to be constructed this year. Those appearing in favor of the paving were: Pat Fairley, Arbor Road Charlie Covell, Southland Drive; Doris Gibson, Southland Drive; and Janice Brown, Concord Drive. Appearing in opposition was Mr. Thomas Piner, 1920 Raeford Road, owner of majority of land on the southside of Southland Drive. He stated this is used for farm land only and he owns 2,803 feet constituting over $11,000 for the paving assessment. Councilmember Jones requested he be excused from voting due to a conflict of interest by being related to Mr. Piner. The City Attorney stated he needs to abstain only if there would be monetary gain involved. Mr. Jones stated it would indirectly be involved. Council granted his request. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION (VARIOUS STREETS IN COLLEGE LAKES). RESOLUTION NO. R1987-22. Following some discussion, Mrs. Evans assured Mr. Piner that he would benefit in the long run from this paving. She offered motion to adopt the final resolution, seconded by Councilmember Ross. There was some further discussion and Councilmember Kendrick called the question. The vote to cease discussion was unanimous. Mayor Hurley called for a vote on the main motion and it was unanimous with Councilmember Jones abstaining. Councilmember Dawkins reminded everyone that the cost of paving is approximately $50 per foot but property owners are only assessed $4.00 per front foot. 2B. Consideration of resolution ordering paving of Center Street from Trade Street to Cul-de-sac pursuant to petition. Mr. Bennett stated that a petition had been signed by a majority of the owners representing a majority of the abutting street frontage. There was no one present in favor of this matter. James E. Brewington, owner of the corner lot, appeared in opposition. Mr. Brewington stated that the map shows an intent to take a portion of his property for this cul-de-sac and questioned what the City would do about this since he paid for the property. The City Engineer responded that this appeared to be the best solution after extensive investigation. The City will appraise the property and he would he offered a fair market value for his property. Mr. Brewington stated he felt that the two lots would be cut to the point that he would not be able to build into houses on the property. Mr. Bennett responded that he was not able to put two house on the property at this time, however, he would be able to put one house on the property now and after the acquisition of the corner of the lot. Also, by closing off this street, the short street portion between Mr. Brewington's property and the Cooper's property would be divided between the two owners giving him additional property. Mr. Charles Bractato, Mr. Brewington's son-in-law who lives on the second lot also appeared in opposition. Also appearing in opposition was Mr. Ernest S. Cook, Trade Street resident, who stated he did not want to lose any more of his land to the paving since the widening of the street had taken a portion of his lots. Mr. Cook was assured that there would be no more of his property taken with the paving of that street. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (PAVING CENTER STREET). RESOLUTION NO. R1987-23. Following some discussion, Councilmember Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross. Councilmember Johnson stated that he felt that this should be studied a little further and review Mr. Brewington's property. Therefore, he offered substitute motion to delay. The motion died for lack of second. Mayor Hurley then returned to the main motion and called for a vote. The motion carried 8 to 1 with Councilmember Johnson voting no. 2C. Consideration of resolution ordering paving of Holly Lane from Raeford Road to Dead End pursuant to petition. The City Engineer presented this item and stated that the paving was with petition signed by a majority of the owners representing a majority of the abutting street frontage. Mr. John English, property owner, appeared in favor of the paving. There was no one in appearance against the item. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (PAVING OF HOLLY LANE). RESOLUTION NO. R1987-24. Councilmember Dawkins introduced the foregoing resolution and moved its adoption, seconded by Councilmember Johnson and carried unanimously. 2D. Consideration of resolution ordering paving of Willis Street from Cochran Avenue to Dead End pursuant to petition. There was no one appearing in favor or opposed to this matter. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (WILLIS STREET PAVING). RESOLUTION NO. R1987-25. 2E. Consideration of resolution ordering paving of Cochran Avenue between the existing pavement at eastern margin of Alvin Pierce property and eastern line of Medfield subdivision (northeast corner Lot I and southeast corner Lot II) Plat Book 54, page 2, Cumberland County Registry pursuant to petition. There was no one appearing for or against this paving. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (PAVING OF COCHRAN AVENUE). RESOLUTION NO. R1987-26. Councilmember Pillow introduced the foregoing resolution and moved its adoption, seconded by Councilmember Jones and carried unanimously. The City Attorney requested that Council refer to a memo in their packet, from the City Clerk, requesting that Resolution R1987-3 be rescinded. This resolution was advertised for the meeting that was cancelled due to inclement weather creating a duplication of resolutions. Councilmember McBryde offered motion rescind Resolution R1987-3, seconded by Councilmember Evans and carried unanimously. A copy of all foregoing resolutions under Item 2 are on file in the City Clerk's office in Resolutions Book R1987. 3. Planning Board Matters: A. Consideration of the rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 413 McIver Street (Case P87-29). George Vaughan presented this item and stated that the Planning Board recommends approval of the request for C3. However, the Planning staff recommends that this be a P2 or office type zoning in this area. Following some discussion, Councilmember Dawkins offered motion to set a public hearing for May 4 for citizen and staff input. Seconded by Councilmember McBryde, carried unanimously. 3B. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 611 and 603 Country Club Drive. (Case P87-30) George Vaughan presented this item stating that the Planning Board recommends approval from R10 Residential to P2 Professional. The Planning staff recommends that this be changed from R10 to R6. Following discussion, Councilmember Pillow offered motion to follow the recommendation of the Planning staff to change from R10 to R6, seconded by Councilmember Kendrick. There was some further discussion and Councilmember Dawkins offered motion to set a public hearing for May 4, seconded by Councilmember Ross and carried 7 to 2 with Councilmembers Dawkins, McBryde, Jones, Johnson, Kendrick, Torrey and Ross voting for. Councilmembers Pillow and Evans voting against. C. Consideration of Proposed amendment to Chapter 32 of the Fayetteville City Code Concerning Signs. The City Attorney presented the proposed amendment to Chapter 32 concerning signs and recommended that this be referred to the Planning Board. Councilmember Evans offered motion to follow recommendation and refer to the Planning Board, seconded by Councilmember Pillow. Councilmember Johnson offered to amend the proposed sign ordinance to delete (X) (5), which concerns a $200 deposit by candidates or committee for a candidate to post signs in the City of Fayetteville, seconded by Councilmember Ross. Following lengthy discussion, a vote was called and the motion carried 7 to 2 with Councilmembers Pillow and Torrey voting against. Councilmember Kendrick offered motion to amend the section (X) (5) to place a penalty for each sign left after 15 days for any candidate, seconded by Councilmember McBryde and carried 8 to 1 with Councilmember Torrey voting against. Mayor Hurley then returned to the main motion and the vote was unanimous to refer to the Planning Board the amended proposed sign ordinance. 4. Consideration of request from Crawford McKethan for 3 and 4-way stop signs on Skye Drive. Mr. Smith presented this item and stated that there are actually two requests from Mr. McKethan. One is for reduction of speed and the other is for stop signs. Mr. Smith stated that staff is recommending denial of this request. He also stated that Council, has in the past, consistently approved reduction of speed limits upon citizens requests. Councilmember Evans offered motion to adopt an ordinance approving the 25 mile per hour speed zone, seconded by Councilmember Kendrick, the motion carried unanimously. The ordinance title is as follows: AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL). ORDINANCE NO. NS1987-8. Mr. Crawford McKethan, 2814 Skye Drive, appeared before Council stating that this is a safety issue. Following his remarks, he introduced John Hinley, Skye Drive resident; Suzanne Pennink, resident and developer, and Matthew Smith, a Murray Hill resident, all with remarks in favor of the stop signs. Mr. Gray Jones also was recognized in favor of this action. City Attorney informed Council that the City would not be able to enforce a top sign at the Windwood on Skye because it is a private street. The citizens would be able to put a stop sign, but it is not enforceable by the City Police. Councilmember McBryde offered motion to adopt an ordinance installing the stop signs as requested, seconded by Councilmember Johnson. There was some further discussion and the Mayor requested that the City Engineer inform the audience as to why the City staff objects to this action so that everyone will see that the City does not approve these at random. Mr. Bennett stated they recommend denial because they follow the national standards as adopted by the Highway Department, by the National Institute of Traffic Engineers, and by the State Highway Association. He stated that the estimated volume of traffic in that area is approximately 2,000 cars per working day and there are a lot of other streets in the City that has twice that much traffic. Mr. Bennett stated that the motoring public stopping at those five stop signs at $.05 per stop, would cost the drivers $125,000 per year. Following further discussion, Mayor Hurley called for a vote on the motion and it carried unanimously. The ordinance title is as follows: AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS). ORDINANCE NO. NS1987-9. A copy of the foregoing ordinances are on file in the Clerk's office on Ordinance Book NS1987. 5. Consideration of request from Olde Fayetteville Association/Fayetteville Progress for additional contract funding. Mr. Smith presented this item and stated that Olde Fayetteville proposing a full-time position to do business recruitment and property marketing for downtown. He stated that the City's activities have been limited in this capacity since the reorganization of City Administration due to Mrs. Cheek's departure and the closing of the Fayetteville Progress offices. Therefore, he recommended that City Council authorize his office to renegotiate our contract with Olde Fayetteville Association to establish the type of activities to be performed and the level of City funding of those activities over the next 14 months. Then he will bring this matter back before Council. Councilmember Kendrick offered motion to follow the recommendation, seconded by Councilmember McBryde and carried unanimously. 6. Consideration of a proposed ordinance regulating the moving of houses and other structures along public streets. Mr. Bennett that some moves in the past have required disconnection of traffic signals and support cable by the Engineering Department and PWC in order to allow structures to pass and then these have to be reconnected. The reimbursement of the City's expenses incurred due to the move would be made in the form of a deposit made by the house mover. A fee schedule was presented to Council. Mr. Bennett further stated that the City has mailed copies of the proposed ordinance to all six known house movers in the Fayetteville area with a request that they review the ordinance and give any comments in writing by Friday, March 27, 1987. He stated that they had received no written comments, however, they were advised by the Inspections Superintendent that one mover had made verbal comments to him. City staff reviewed those comments and now suggests two revisions to the proposed ordinance. Paragraph two would be revised to read as follows: the movement of such house, building, or structure shall depart from the original site between the hours of 8:30 a.m. and 10:00 a.m., Monday through Thursday; and Paragraph seven concerning a fee for postponement of the move would be deleted in its entirety. AN ORDINANCE OF THE CITY OF FAYETTEVILLE CREATING A NEW SECTION 20-58 “MOVING OF HOUSES, BUILDINGS, AND OTHER STRUCTURES,” OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1987-14. Following some discussion, Councilmember Ross stated that there was a house moved from CBD 1,000 and placed in a flood way. She inquired if this would be exempt from this fee since it will need to be moved to a permanent location. Mayor Hurley responded that the house would probably not be large enough to create this expense and the deposit would be returned. However, if need be this could be brought back-to Council. A mover, Mr. Adams, requested to address Council. Mayor Hurley called for a vote to hear Mr. Adams since this is not a public hearing. Council voted unanimously not to hear Mr. Adams. Mayor Hurley called for a vote on the main motion and it carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1987-14. 7. Presentation by Mrs. Faye Whitaker, President of JUST SAY NO, regarding planned activities. Barbara K. Hickey, Coordinator for all quotes JUST SAY NO rally, gave a background of the to Council. She stated that President Reagan had declared that May as JUST SAY NO month. Fay Whitaker informed Council of the upcoming activities. Ms. Whitaker stated she was here tonight to request that Council make May a JUST SAY NO month in Cumberland County. 8. Consideration of adoption of resolution supporting proposed Statewide Highway Right-of-Way and Highway Funding Legislation. Councilmember Dawkins, Chairman, Transportation Advisory Committee, Fayetteville Urban Area, presented this item and stated that he and the City Engineer were available for questions on this item and that the TAC recommends adoption of the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IN SUPPORT OF PROPOSED STATEWIDE HIGHWAY RIGHT-OF-WAY AND HIGHWAY FUNDING LEGISLATION. RESOLUTION NO. R1987-27. Councilmember Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. * At this time, the City Attorney requested that Council return to the last page of Item 6, which is a proposed fee schedule for the house moving ordinance that was adopted. The ordinance reads, “In accordance with a schedule as approved by the City Council.” Therefore, Council needs to approve the fee schedule. Councilmember Kendrick offered motion to approve the fee schedule as presented, seconded by Councilmember Pillow and carried unanimously. 9. Consideration of adoption of an ordinance creating Section 21-6, entitled “Menacing Panhandling prohibited” in the Code of the City of Fayetteville. The City Attorney presented this item and stated that if Council had any questions after reading his memo sent in the packet, he would be glad to answer any questions. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING SECTION 21-6, “MENACING PANHANDLING PROHIBITED,” OF THE FAYETTEVILLE CITY CODE OF ORDINANCES. ORDINANCE NO. S1987-15. Councilmember Kendrick introduced the foregoing ordinance and moved it 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 S1987. 10. Consideration of Local Bill to increase the maximum fine for violation of City ordinances to $500. The City Attorney presented this and stated that under the current law we cannot fine anyone more than $50 unless we have specific legislative authority to do so. Therefore, he is requesting our delegation to either include the City of Fayetteville in the Greensboro Bill that has also introduced similar legislation to that passed in 1983 for the City of Charlotte, or introduce a separate Bill if the Greensboro Bill has already passed before Council has an opportunity to consider a request. Mr. Cogswell suggested that there were several offenses that merited much more than a $50 fine. Mr. Cogswell cited an example as that of zoning violations that create a great cost to the City. Councilmember McBryde offered motion to forward the request to legislative delegation as recommended, seconded by Councilmember Evans and carried unanimously. 11. Consideration of award of contract for emergency communication recorder. The City Manager stated that the low bidder took several exceptions to this bid, therefore, they are recommending awarding to the lowest bidder meeting specifications, which is Dictaphone Corporation in the amount of $19,765.50. Councilmember Evans offered motion to award the contract for emergency communication recorder to Dictaphone Corporation, lowest bidder meeting specifications, in the amount of $19,765.50, seconded by Councilmember Torrey and carried unanimously 12. Consideration of Budget Amendment Change 87-13 authorizing the purchase of vehicles under State Contract from unused fuel budget and appropriation of revenues from sale of City Codes. Mr. Smith presented this item and stated that this amendment would allow them to replace the nine highest maintenance vehicles in the City's fleet other than the Police Department. The highest maintenance vehicles have been determined by mileage, age, and annual maintenance cost. The other part of this budget amendment is to cover some expenses of the City Code supplements in the City Clerk's office. Following brief discussion, Councilmember Evans offered motion to adopt the budget ordinance amendment change 87-13, seconded by Councilmember Jones. There was some further discussion and Councilmember Kendrick called the question. The vote was unanimous to cease discussion. Mayor Hurley called for a vote on the main motion and it carried unanimously. 13. Consideration of adoption of a Resolution to acquire right-of-way on the west side of McPherson Church Road near Cliffdale Road intersection - Parcel W-4. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN Property (PARCEL W-4 McPHERS0N CHURCH ROAD). RESOLUTION NO. R1987-28. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Jones and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1987. 14. Consideration of a request to the Cumberland County Board of Commissioners to join the City in joint funding of a feasibility study for the merger of City and County Governments. Councilmember Johnson gave a thorough, lengthy presentation concerning the funding of a feasibility study for the merger of City and County government and stated that he feels we are doing disservice to the people of the City and County if this is not done. Following some lengthy discussion, Councilmember Johnson offered motion to approve the joint funding of a feasibility study, seconded by Councilmember Jones. The motion failed with Councilmembers Ross, Johnson, and Jones voting for and Councilmembers Dawkins, McBryde, Evans, Pillow, Torrey, and Kendrick voting against. 15. Consideration of $25,000 appropriation of funds for baseball stadium. Councilmember McBryde offered motion to appropriate the funds of $25,000 for the baseball stadium, seconded by Councilmember Jones and carried unanimously. Councilmember Ross requested to be recognized and stated that she was concerned about the sale of beer at the baseball stadium and questioned how the Police would handle the situation if the people had been drinking too much. Mayor Hurley responded that they would be arrested for DWI, however, the stadium staff had promised that there would be no sale of beer pass the seventh inning and will make every effort to prevent problems arising from the sale of beer at the stadium. At this time, Mr. Smith stated that the appointments had been left off of the agenda in error. There should be an election of a nomination of Mrs. Sandy Simpler on the Revitalization Commission. She was nominated by Councilmember Jones at the last meeting. Councilmember Evans offered motion to elect by acclamation Mrs. Sandy Simpler to fill the unexpired term of Mr. Herb Stiles to June, 1988, seconded by Councilmember Jones and carried unanimously. Mrs. Simpler's address is 1916 Blake Street, Fayetteville, North Carolina 28301. 16. Administrative reports. A. Request from Fayetteville Revitalization Commission. Mr. Smith stated that Mr. Herrera had informed him that the Revitalization Commission is requesting a dinner meeting jointly with Council to be held at 7:00 p.m., Thursday, April 23, at the HCA Medical Arts Building in the 500 Block of Hay Street to discuss the mutual downtown concerns and future direction of the Commission as perceived by the Council. Council approved unanimously this joint meeting, however, Councilmember McBryde and Dawkins will be unable to attend. B. Other (1) Mr. Smith stated that he had been informed that the Board of Elections contacts the City Clerk's office before each election filing dates inquiring as to any changes in the filing fees. The fee was set in 1977 of $48 for the Mayor and $24 for Councilmembers. He stated that Council can change these fees but he recommends this not be done due to having to get it pre-cleared. Council took no action. (2) Mr. Smith referred to a memorandum sent in the packet to Council from Mr. Stancil concerning the sculpture at the Market House. There had been a meeting of Rosalie Kelly and Harry Shaw of the Historic and Scenic Sites Commission; Jim Cherry, Barbara Hayward, and Libby Fosso of the Museum of Art; Herb Thorpe, Carolyn Weaver, and Deanna Dapoli of the Arts Council; and Ken Robinson Historic Resources Planner with the Joint Planning Board. Also invited but unable to attend was Ron Wilson, Chairman of the City's Historic Resources Commission. The group agreed that the primary concern to all was the safety and continued preservation of the Market House as an historic landmark of great value to this community. Mr. Stancil's memo contained the three courses of actions agreed on from the group and they are: 1. The window pane areas through which the sculpture enters the Market House should be closed immediately to prevent the weather from doing any damage to the Market House. It is also important that we maintain a comfortable working atmosphere for our tenants in the Market House, the Olde Fayetteville Association who have been extremely cooperative throughout. Ms. Hayward agreed that the Museum would complete this effort by the end of the week using materials approved by the Fire Marshal. 2. To insure that the removal of the sculpture does not do damage to the building, the artist and the Museum should be responsible for this removal in the presence of the Planning Board's Historic Resources Planner. Ms. Hayward agreed that she would contact the artist immediately and arrange for him to remove the sculpture as soon as possible to minimize damage and potential risk to the Market House. The sculpture would be removed no later than April 20. The artist is working in Charlotte and may not be able to return to Fayetteville immediately. 3. Guidelines should be developed for the review of such proposals in the future to insure that the impact on historic buildings of such activities is fully explored before approval is obtained. Attached are draft guidelines to be proposed to the Historic Resources Commission as they develop their standards for submission to the City Council. * Mayor Hurley then read a memo from the Fayetteville Appearance Commission that was sent following their last meeting concerning the sculpture at the Market House. The memo stated that their concerns were that the abstract, unconventional design is inappropriate for the traditional architectural design of the Market House. Any future exhibits requiring removal of or alterations to any archeological components of the Market House or any other historic structure in the City should be carefully reviewed by the appropriate bodies prior to approval. Councilmember Kendrick thanked Mr. Stancil for his work on this matter and Council agreed to have the sculpture no later than April 20 as recommended. * The City Attorney referred to a matter he presented at the breakfast with the Legislative Delegation concerning Manufacturing Housing/Override Local Zoning. The manufactured housing industry is asking the General Assembly to override Council's authority to make local land use decisions. The League will oppose legislation which would override local zoning authority over manufactured housing, but urges the undertaking of a joint, good faith effort with the industry to provide full information to local, elected officials to enable them to make informed decisions. Mr. Cogswell recommended that Council authorize the Mayor to send a letter to the delegation saying this is the League's position in this and this is our position and we feel it better that we be able to regulate rather than legislation. Council was in agreement. * At this time, Mayor Hurley referred to a memorandum he had forwarded to Councilmembers concerning the Surgeon General's findings that casual smoke is harmful to the people around and he feels he should bring this to Council's attention regarding smoking in the Council Chamber. Councilmember Ross offered motion to not allow smoking in the Council Chamber, seconded by Councilmember Torrey. Following some discussion, Councilmember Dawkins offered substitute motion to forward this matter with all information to the Policy Committee, seconded by Councilmember Jones. Following some further discussion, a vote was called and it carried with Councilmembers Johnson and Torrey voting against and Councilmember Ross not voting. Mayor Hurley then reminded Council that Fayetteville would host the North Carolina League of Municipalities Regional Meeting to be held at the Holiday Inn from 10:00 a.m. until 2:00 p.m., on April 29, 1987. A show of hands revealed six Councilmembers who plan to be in attendance. Mayor Hurley then entertained a motion for executive session. Councilmember McBryde offered motion at 10:20 p.m. to go into executive session for a litigation matter, seconded by Councilmember Jones and carried unanimously. Council reconvened from the executive session at 10:40 p.m. into regular session and adjourned. REGULAR MEETING TUESDAY, APRIL 21, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, APRIL 21, 1987 7:00 P.M. Present: Mayor John W. Hurley Councilmembers J.L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, 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 Services Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Robert M. Bennett, City Engineer Ronald E. Hansen, Police Chief William F. Eppe, Finance Director William T. Ray, Airport Manager Duke J. Piner, Assistant Fire Chief Walter J. Haire, Jr., Chief Housing Inspector Press Mayor Hurley called the meeting to order and welcomed Reverend David Chamberlain, St. Johns Episcopal Church, who offered the invocation. Council requested that the invocation be spread in the minutes. The invocation is as follows: “Our Heavenly Father, we ask your blessing on this council as it comes together in assembly tonight. Be with all of the members present. 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 presence and your power. Make them masters of themselves, so that they might become the servants of others. Take their minds and think through them. Take their lips and speak with them. Take their hearts and set them on fire with love. Direct them in all their doing with Thy most gracious favor and guide them with your continual care. That in all their works begun, continued, and ended in you they might glorify your name and work for the bettering of your world. Amen.” Mayor Hurley then led the Pledge of Allegiance to the Flag. * Recognition: Samantha John Fetters, Miss Fayetteville for 1987-1988, was presented flowers and best wishes from the Council by the Mayor. She expressed her gratitude and that she was looking forward to representing Fayetteville in the coming year. Youth Council Members present were Ashley McIlwain and Polly Graham. The Mayor then introduced Ms. Lorry Williams, reporter with The Fayetteville Times, and welcomed back Jason Brady, reporter with The Fayetteville Observer. Mayor Hurley then brought to Council's attention a memo received acknowLedging the fact that the Fayetteville Arts Council had received a Governor's Award on April 16, which is quite an honor. Mayor Hurley stated he had several Councilmembers to request that item 4 be considered before the public hearings due to the number in attendance on this matter. 1. Consent: Councilmember Dawkins offered motion to approve the consent agenda and adopt the resolutions, seconded by councilmember McBryde and carried unanimously. They are as follows: A. Approval of minutes of regular meeting of March 16, 1987. B. Approval of minutes of regular meeting of April 6, 1987. C. Adoption of a resolution setting a public hearing for May 18, 1987, to consider closing a dedicated unopened street, formerly known as Boxwood bane, running through Pamalee Plaza shopping Center off Murchison Road. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE BOXWOOD LANE (FORMERLY GARDNER AVENUE). RESOLUTION NUMBER R1987-29. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1987. D. Approval of bid award to Edmac Truck Sales, low bidder, for purchase of Five-Passenger Window Van. (PWC) E. Approval of bid award to LaFayette Motor Sales, sole bidder, for purchase of 9,200 lb GVW Crew Cab Truck. (PWC) 4. Reconsideration of action taken on stop signs of Sky Drive. Following some discussion, Councilmember Evans offered motion to set a public hearing for May 4, seconded by Councilmember Jones and carried unanimously. 5. Consideration of a petition from the Tallywood subdivision area for seconded by Councilmember McBryde. Councilmember Kendrick offered motion to set a public hearing for May 4, seconded by Councilmember McBryde. There was some discussion on delaying this public hearing until May 18 due to the volume of public hearings to be held May 4. The Mayor asked for a show of hands for the public hearing to be held on the 18th of May. There was four in favor and five opposed. Therefore, the date of the public hearing in the motion will be May 4. Mayor Hurley then called for a vote on the motion and it carried 8 to 1 with Councilmember Ross voting against. * At this time Councilmember Kendrick requested that a traffic and speed count be done in the Tallywood area on the streets of Emeline, Ravenhill, and Kentyre for the public hearing. Mr. Kendrickthen addressed the Policy Committee Chairman requesting that before any stop sign or speed limit changes, a traffic and speed count be done 30 days prior to the hearing. Also, 90 days after the stop signs and speed limits have been in place, another traffic and speed count be done. Council then resumed with the normal sequence of the agenda. 2. Public Hearings: Mayor Hurley reminded those present of the 15-minute time limit for pros and 15 minutes for cons. Councilmember McBryde stated this unnamed street is across the street from him but he will not be affected in any way and intends to vote. A. Consideration of adoption of a resolution to close an unnamed street off Edmonton Road. Mr. Bennett presented this item and stated that there was no public need for this street. The public hearing was advertised and all adjoining property owners have been notified. Appearing in favor of the street closing was Dr. Bertram Walls, 1606 Hatherleigh Drive, and Mr. Harold Rudner, 2612 Fashion Lane. RESOLUTION AND ORDER CLOSING A PORTION OF UNNAMED STREET OFF EDMONTON ROAD. RESOLUTION NUMBER R1987-30. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Jones voting no. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. B. Consideration of adoption of a resolution to pave Wisconsin Drive, without petition, from Florida Drive to Loop Road as shown on plat of Wildewood by Moorman & Kizer, Inc., dated May, 1986. Mr. Bennett presented this item and stated that all abutting property owners had been notified of the public hearing and that public hearing had been duly advertised. There was no one appearing in favor of this item. Mr. Jim Copper, Melba Street, appeared in opposition to this paving stating that it would increase the flow of traffic. He further stated that there was one way in and one way out at this time, which is a deterrent to crime. There were approximately seven residents present in opposition. (There was no petition received by the Clerk.) Father Virgil Miller, Florida Drive, also appeared in opposition and stated that every owner on Florida and Melba Drives have signed a petition against this paving. (There was no petition received by the Clerk.) Councilmember Evans offered motion to deny this paving, seconded by Councilmember McByrde and carried 7 to 2 with Councilmembers Pillow and Torrey voting no. C. Consideration of adoption of a resolution to close a portion of Beckwith Avenue (formerly Huske Street). Mr. Bennett presented this item and stated that he foresees no public need for this additional portion of Beckwith Avenue. All abutting property owners have been notified of the public hearing. There was no one appearing for the street closing. Appearing against was Mr. John Mott and Mr. Bobby Mott. They both stated that closing this street would prevent them from any future development on their property due to using it as an entrance and exit. Councilmember Johnson offered motion to deny the closing of Beckwith Street, seconded by Councilmember Ross and carried 6 to 3 with Councilmembers McBryde, Pillow and Torrey voting no. At this time, Mayor Hurley moved Items 12, 13, and 14, up on the agenda due to the Inspector needing to leave the meeting. 12. Consideration of an ordinance ordering the demolition of structure located at 117 North 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 STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY (117 NORTH BROAD STREET). ORDINANCE NUMBER NS1987-10. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1987. 13. Consideration of an ordinance ordering the demolition of structure located at 305 Wilmington Road. 14. Consideration of an ordinance ordering the demolition of structure located at 301 A & B Wilmington Road. Mr. Garfield Davis, property owner, appeared before Council and requested some extra time to demolish these two buildings. He stated that he had been working with the elderly, low-income tenants that were having to vacate the buildings. Councilmember Evans offered motion to adopt the ordinances for Items 13 and 14 which would be 305 and 301 A and B Wilmington Road, with the exception of giving Mr. Davis 45 days from today to demolish the two structures, seconded by Councilmember McBryde and carried unanimously. The ordinances titles are as follows. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY (305 WILMINGTON ROAD). ORDINANCE NUMBER NS1987-11. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY (301 A AND B WILMINGTON ROAD). ORDINANCE NUMBER NS1987-12. A copy of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1987. 3. PWC Matters: A. Consideration of approval of bid award to Interstate Equipment Company, low bidder meeting specifications, for purchase of Boring Machine. Councilmember McBryde offered motion to award contract to Interstate Equipment Company, low bidder meeting specifications for purchase of Boring Machine, in the amount of $37,661, seconded by Councilmember Pillow and carried unanimously. 4. (This item considered following Consent items). 5. (This item considered following Consent items). 6. Report and recommendation from the Policy Committee on the following: A. Consideration of amendment to Section 2-73(e), “Code of Ethics.” AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 2, “ADMINISTRATION,” OF THE FAYETTEVILLE CITY CODE (GIFTS AND FAVORS). ORDINANCE NUMBER S1987-16. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Jones and carried unanimously. POLICY OF THE CITY COUNCIL REGARDING CODE OF ETHICS It shall be the policy of the City Council of the City of Fayetteville to comply with the Code of Ethics, Sections 2-70 to 2-74, of the City Code, where the same would not be in conflict with the General Statutes as they relate to elected officials. Councilmember Evans offered motion to adopt the foregoing policy, seconded by Councilmember McBryde and carried unanimously. B. Consideration of amendment to Section 2-22, “City Council-Order of Business.” Mr. McBryde, Chairman of the Policy Committee, reported that this ordinance states that once a meeting has adjourned, any item on that agenda shall not be reconsidered for at least six months, unless approved by a three-fourths vote of all the members of the City Council with no debate. This subsection shall not apply to (1) ordinance amendments, (2) bid awards contract approvals, (3) any action taken by the City Council that specifically includes reconsideration within a specified period of time, or (4) appointments. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 2-22, “ORDER OF BUSINESS,” OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE (ORDER OF BUSINESS). ORDINANCE S1987-17. Councilmember Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried 6 to 3 with Councilmembers Ross, Johnson, and Torrey voting no. A copy of the foregoing ordinances are on file in the Clerk's office in Ordinance Book S1987. 7. Report from Buildings and Property Committee. A. Consideration of proposal from Amherst Development Corporation. Mr. Smith gave Council background information on the hotel project. He stated he recommended to the Building and Properties Committee that the City begin to study the possibility of consolidating City offices at one location. The Committee requested that he get with Mr. Nagel of Amherst Development, and report back to the Committee for a presentation at the April 21, meeting. Mr. Smith stated that if the City will agree to be a major tenant, Amherst will purchase the property across from the hotel and can finance the entire project, including the hotel as originally proposed. In order for the project to proceed, the following steps will need to be accomplished: 1. Negotiation of a lease and approval of that lease by the North Carolina Local Government Commission. 2. An indication by the City Council of the City's intent to proceed. 3. Evidence by the developer that he has control of the necessary property. 4. Commitment by a financial institution that the project will be financed. 5. A commitment by the developer to complete the entire project. Following Mr. Smith's presentation, Mr. Nagel was recognized. He stated that the Resolution of Intent does not commit the City to do anything but to pursue. Mr. Nagel stated they were not trying to pressure the City, however, HUD is going to pull the UDAG, which is more important to the City than to the developer. There was further lengthy discussion and questions of Mr. Nagel. Council requested that this be brought before the April 27 Information Meeting. 8. Consideration of approval of plans for drainage project in the Greens. Mr. Smith presented this item stating that it was a public hearing in January of this year. After hearing the objections of the property owners that attended this public hearing, Council voted not to do the project and asked staff to investigate the cost of cleaning out the ditch and putting in a fence as an alternative. The City Engineer reported that the fencing and ditching would cost approximately $16,200 with an approximate $3,500 yearly upkeep. The piping of the ditch would be approximately $58,000. Mr. Bennett further stated that the developer put the ditch in adequately, but the individual builders on those lots, in landscaping, did not like the big ditch and therefore closed it in. There was some discussion and Council recognized Mr. Phil Anderson, a resident in the area, who stated that if 30 feet is taken for this right-of-way for this ditch, almost all the back yards will be taken up on Hastings Drive. Mrs. Mary Guthrie, area resident, was recognized and presented a plat showing that in April, 1984, the storm drains had been installed and approved by the Engineering Department and signed by Mr. Bennett. Mrs. Guthrie stated this is all they are asking for, that this be done. Following some further discussion, Councilmember Evans offered motion to rescind the previous action in January of 1987, seconded by Councilmember Jones. The motion failed 3 to 6 with Councilmembers Jones, Evans, and Ross voting for and Councilmembers Dawkins, McBryde, Pillow, Torrey, Johnson, and kendrick voting against. Several members questioned the approval of the drainage by the Engineering Department. Mr. Smith responded that this approval has to do with the street drainage in the subdivision and they were put in according to the City specifications. The ditch in question does not drain the Greens Subdivision only. Councilmember Jones stated that the City had already obligated itself to $18,000 for improving the ditch and $4,000 per year for the upkeep. He offered motion to apply the money that was obligated to piping the ditch with no cost to property owners, seconded by Councilmember Ross. Following some further lengthy discussion, the Mayor called for a vote and the motion failed 2 to 7 with Councilmembers Ross and Jones voting for and Councilmembers Dawkins, McBryde, Evans, Pillow, Torrey, Kendrick, and Johnson voting against. Mayor Hurley then instructed the City Engineer to remove the inadequate tile from the drainage ditch and proceed with the project. 9. Consideration of Supplemental Agreement No. 13 between Wilbur Smith & Associates and City of Fayetteville for the engineering, design and construction of the access road and the design and bid documents of the parking lot at the Airport. Tom Ray presented this matter stating that the approval of the supplemental agreement Number 13 would enable bidding to be done on the entire project at the same time. Councilmember Evans offered motion to follow the recommendation, seconded by Councilmember Kendrick and carried unanimously to approve the supplemental agreement Number 13 between Wilbur Smith and Associates and the City of Fayetteville. 10. Consideration of adoption of an amendment to Section 12-1 of the Fayetteville City Code, “Fire Prevention Code.” Mr. Stancil presented this item and stated that a Board of Appeals needs to be appointed for the Fire Prevention Code that was adopted in March 1986. The Board of Appeals on Dwellings and Buildings may also serve as a Board of Appeals for the Fire Code with an amendment to the City Code. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 12-1, “FIRE PREVENTION CODE - ADOPTED” OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NUMBER S1987-18. 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 S1987. 11. Consideration of a request to prohibit parking on a portion of the west side of Cunningham Street. 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 NUMBER NS1987-13. Councilmember Dawkins 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 NS1987. 12. (Considered after Item 2C.) 13. (Considered after Item 2C.) 14. (Considered after Item 2C.) 15. Consideration of adoption of resolution authorizing City Manager to execute Supplement Agreement for Retirement Income Plan of North Carolina. Mr. Smith stated that this resolution would allow the City to offer the 401 (k) plan to all other City employees without contribution by the City. THE SUPPLEMENTAL RETIREMENT INCOME PLAN OF NORTH CAROLINA. RESOLUTION NUMBER R1987-31. Councilmember Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 16. Consideration of an Ordinance amending Section 9-11(f), “Permits Required; Miscellaneous Permits,” of the Fayetteville City Code. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 9-11(f), “PERMITS REQUIRED; MISCELLANEOUS PERMITS,” OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NUMBER S1987-19. Councilmember Dawkins introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously. 17. Appointments: Nominations to fill one vacancy on the Board of Appeals on Dwellings and Buildings There were no nominations. 18. Administrative Reports A. Statement of taxes collected for the month of March, 1987, from the Cumberland County Tax Collector. Mr. Smith submitted the statement of taxes collected for the month of March 1987 from the Cumberland County Tax Collector. B. Report by City Attorney on proposed sign ordinance. Mr. Cogswell presented this report on the proposed sign ordinance. It has been referred to the Planning Department staff. C. Pending Legislation. Mr. Cogswell presented this item and stated it would prohibit amortization clauses in zoning ordinances. He recommended that Council authorize his office to draft a letter for the Mayor's signature to be sent to the delegation opposing this legislation for the reasons stated in his memo to Council. Council was in agreement to follow the recommendation. Mayor reminded Council of the joint meeting with the Fayetteville Revitalization Commission on Thursday, April 23, 7:00 p.m. at the Medical Arts Building on Hay Street. There being no further business, the meeting was adjourned at 10:55 p.m. SPECIAL MEETING THURSDAY, APRIL 23, 1987 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING MEDICAL ARTS CENTER THURSDAY, APRIL 23, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers Mildred Evans, Jimmie Jones, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick ABSENT: Councilmembers J. L. Dawkins, Milo McBryde, and Ida Ross OTHERS PRESENT: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Ben Brown, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Members of the Revitalization Commission W.A. Bissette, Chairman of the Revitalization Commission called this meeting to order and welcomed everyone to this joint session of the Fayetteville City Council and the Revitalization Commission. The purpose of the meeting was to receive information from the Commission on its concerns and provide feedback from the City Council on direction to the Commission. Various members of the Commission presented reports on topics of concern to the Commission. After the reports and general discussion, the meeting was adjourned at 9:10 p.m. INFORMATION MEETING MONDAY, APRIL 27, 1987 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, APRIL 27, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Tolbert Torrey, Samuel Johnson, and Mark Kendrick OTHERS PRESENT: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager John B. (Ben) Brown, Jr., Assistant City Manager for Staff Services Robert C. Cogswell, Jr., City Attorney Gerald McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Robert M. Bennett, City Engineer Ronald E. Hansen, Chief of Police Wilbur Johnson, Fire Chief William F. Epps, Finance Director William J. B. McGugan, Administrative Services Director Jack Wilson, Parks and Recreation Director Carol M. Parker, Personnel Director Jerome Brown, Transit Director Press Councilmember Pillow moved to approve the agenda and distributed, seconded by Councilmember Kendrick and carried unanimously. 1. Consideration of proposal from Amherst Development Corporation (continued from your regular meeting of April 21). Mr. Smith presented this matter by revising the its previously forwarded to Council which are as follows: 1. Memorandum from Council's April 21 agenda packet. 2. List of City offices and locations. 3. Proposed resolution of Intent. 4. Summary of original UDAG application. 5. Fifteen-year City Costs Md revenue projections from UDAG submission. 6. Fifteen-year projection of lease cost Md return from hotel. 7. Example of a cost of City financing construction of a City Hall. 8. List of City offices proposed for the new City Hall. 9. Original Amherst proposal and conditions of sale of Prince Charles. Mr. Herrera explained the pocket of poverty and the amount of jobs required under the UDAG requirements. Councilmember Johnson stated that he wants a civic center next to the Prince Charles so that the train station will not have to be moved. He also wants a new City Hall building to be built with landscaping. Following some discussion, Councilmember Ross offered motion to adopt the Resolution of Intent, seconded by Councilmember Kendrick. There was further discussion by Council with Councilmembers McBryde and Dawkins requesting a public hearing for citizen input before a decision is made. The majority of the Councilmembers expressed an opinion and had questions concerning this matter. Councilmember McBryde offered substitute motion to set a public hearing for May 5, 1987, at 7:30 p.m. in the Council Chamber for citizen input, seconded by Councilmember Jones. The motion carried with Councilmembers Ross and Pillow voting no. 2. Presentation of budget priorities and pay and benefit proposals for Fiscal Year 1987-88. The City Manager stated that he has identified seven major priority areas that hopefully would be addressed in the 1987-88 recommended budget. They are as follows: 1. Competitive pay and benefit levels for City employees. 2. Upgrading of the City's fleet and equipment. 3. Manpower needs in the Fire Department. 4. Capital needs in Parks. 5. Expansion of services in the major growth sections of tee City. 6. Appearance of the City. 7. Annexation. Mr. Smith had submitted comparisons of minimum salaries obtained from surveys from 15 other cities. Mr. Smith further stated that he is recommending a complete revision of the current pay plan that not only changes the rate of pay, but also changes the philosophy or mechanisms we use for awarding pay increases. Mr. Smith then displayed the chart of 19 of the 30 Pay Grades showing how raises are implemented currently and compared it with what his proposal would be, which is a 7 1/2 percent increase in the first step. This is designed to take care of the retirement deduction because an employee must be employed for one year before retirement is begun. Mr. Smith added that this does not include a cost of living increase. Mr. Smith concluded by saying if this new pay plan is adopted, it will increase the starting rates to the point where we will be competitive to other cities. This plan will be included in the budget recommendation to be presented to Council in the near future. 3. Presentation by the Arts Council on the Cultural plan in the first phase of the NEA Grant. The Arts Council Executive Director, Carolyn Weaver, was recognized and introduced consultant Ralph Burgard, who would speak on the Cultural Plan the Arts Council is working on in the first phase of the NEA Grant. Mr. Burgard stated that he is suggesting an events marketing in the downtown area in the form of cultural arts, consisting of continuing celebration. Mr. Burgard further stated that before you can sell your city to outsiders, you must first sell to the local residents. He emphasized that what we do in downtown should not compete with the malls. The two need one another and this should be made public at every opportunity. Mr. Burgard concluded by stating that word-of-mouth advertising is the bet advertising one could have. 4. Discussion of proposed dog ordinance. Mr. Smith presented this item and stated that the decision on this matter had been deferred a couple of times due to concerns of added enforcement burden and again due to other priorities during budget time. Mr. Smith recommended that Council have a Public Hearing and change the enforcement to the Inspection Department instead of the Police Department. This is being brought to Council at this time so that considerations can be made within the budget, if need be. Following brief discussion, Councilmember Evans offered motion to adopt the proposed ordinance. Mr. Smith reminded Council that this ordinance shows the enforcement by the Police Department. Ms. Evans amended her motion to amend the ordinance for enforcement by the Inspection Department instead of the Police Department. Motion seconded by Councilmember McBryde and carried unanimously. The ordinance title is as AN ORDINANCE AMENDING CHAPTER 7, “ANIMALS AND FOWL” OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE CREATING A NEW SECTION 7-26, DOGS, SANITARY CONDITIONS; ENFORCEMENT. ORDINANCE NUMBER S1987-20. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1987. 5. Consideration of condemnation resolution on Twin Acres Drive. There was brief discussion by Council. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (TWIN ACRES PARCELS TA9 AND TA10). RESOLUTION NUMBER R1987-32. Councilmember McBryde introduced the foregoing resolution and moved its adoption, seconded by Councilmember Evans and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 6. Request from Capitol Department Store for maintenance on alley off Old Street. Mr. Smith presented this item and stated there are several situations of his nature in the City. He further stated that there had been considerable research done on this particular request and staff is still working on a solution. Following some discussion by Council, the matter was returned to the administrative staff for further study and a future proposal. Mayor Hurley reminded Council of the Wednesday, 10:00 a.m. League of Municipalities Regional meeting at the Holiday Inn. Mayor reminded Council of the previous adoption of a resolution to defeat the Manufacturing Housing Bill in Raleigh. He is requesting to send a telegram o Dr. Edwards tomorrow morning on this matter. Council agreed. Mayor Hurley then recognized Donna Clayton Lloyd, Don Clayton's daughter, present in the audience. There being no further business, the meeting was adjourned at 10:10 p.m. REGULAR MEETING MONDAY, MAY 4, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MAY 4, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, 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 Services Robert C. Cogswell, Jr., City Attorney Gerald J. Mcphail, Assistant to the City Manager Richard Herrera, Director of Community Services Robert M. Bennett, City Engineer Ronald E. Hansen, Chief of Police William F. Epps, Finance Director Duke J. Piner, Assistant Fire Chief Walter J. Haire, Jr., Chief Housing Inspector Press Mayor Hurley called the meeting to order and asked Councilmember Sam Johnson to offer the Invocation. Following the Invocation, Mayor Hurley led the Pledge of Allegiance to the Flag. The Youth councilmembers present in the audience were Stacey Thomas and Shane O'Neal. At this time, Mayor Hurley stated that the City Attorney had requested an executive session for litigation and if there was no objection the executive session would be held at the end of the Public Hearings. There were no objections. 1. Approval of Agenda Councilmember Kendrick offered motion, seconded by Councilmember Torrey to approve the agenda as submitted, carried unanimously. 2. Consent: Councilmember McBryde offered motion to approve the consent items, seconded by Councilmember Jones and carried unanimously. They are as follows. A. Approval of minutes of regular meeting of April 21, 1987. B. Approval of minutes of special meeting of April 23, 1987. C. Approval of a request for a refund of City taxes to Milas L. Turner in the amount of $22.61. D. Approval of a request for a refund of City taxes to Bernard and Jackie Gant in the amount of $82.28. E. Approval of a request for a refund of City taxes to Moses and Leida Stewart in the amount of $55.00. F. Set Public Hearing for June 1, 1987, to consider an application by C. H. Phillips Investments, Inc., for a special use permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, section 32-24, Item (3) to operate a nursing home in an R6 Residential District for an area located at 2719 Providence Street. G. Adoption of resolution to acquire two (2) tracts of right-of-way necessary to Hawley Lane. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (HOLLY LANE-PARCEL W-1 AND E-1). RESOLUTION NUMBER R1987-33. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1987. H. Approval of bid award to Pump and Lighting Company, low bidder, for purchase of 24,000 feet of 8" PVC Water Pipe. (PWC) I. Approval of Budget Ordinance Amendment Change 87-14. 3. Public Hearings: Mayor Burley reviewed the policy for the public hearings in that the time allotted for pros and cons is 15 minutes each. Mr. McPhail is the time keeper. A. Reconsideration of a petition requesting additional stop locations in the Skye Drive and Summertime Road area. Mr. Bennett presented this item and stated that since it had been previously brought to Council, some of the area residents had reconsidered their request for the stop signs. Following some questions and answers of Mr. Bennett, the public hearing was opened. Dr. John Henley was recognized by Council and stated that he was asked by pros and cons to speak as a compromise speaker, following neighborhood meetings over the past two weeks. Mr. Henley presented some items from the petition that had been signed by the area residents which were only varied in that Number 1 on the petition showed the removal of the two stop signs on Summertime Road at Farley Place. However, they felt that either Farley Place stop sign or Stokes Road stop sign should be removed rather than both. The request on the petition that was submitted to Council summarized the request of the residents: 1) Remove the two stop signs on Summertime Road at Farley Place (or Stokes Road). 2) The Skye Drive/Summertime intersection should be changed to a stop sign exiting on Windwood-On-Skye, a yield on Summertime heading to Skye Drive instead of a stop, and removal of the other stop sign on Skye Drive. 3) Remove the two stop signs on Skye Drive at Skye Place. 4) Remove approximately one-half of the speed limit signs placed on Skye Drive and Summertime Road (there were approximately 22 speed limit signs on a 1.4 section of road). Remove all warning signs except the one at the East end of Skye Drive at the Dundee Road intersection. 5) In the future when the traffic problem is alleviated, then a review of all existing signs should be made by the City Engineer. Mr. John Wyatt, Summertime Road, requested that all the yellow lines throughout the whole area be removed from the road and left only on curves. Other residents recognized were Crawford McKeithan, Mr. Newton Smith, Rivenoak Drive, Dwayne Joyce, Roy and Rothman. There was lengthy discussion by Council and Councilmember Evans offered motion to approve the requests as stated in the petition with the Engineering Department making the decision on which stop sign should be removed from either Farley or Stokes and have one-half of the speed limit signs removed, and removal $1 of the yellow lines on the street with the exception of those on curves. Mr. Smith stated for clarification that the stop sign removal at either Farley or Stokes would have to be put before Council due to adoption of an ordinance. Therefore, Councilmember Evans amended her motion by removing a portion of her motion concerning the stop sign removal at Farley or Stokes, seconded by Councilmember Pillow. Councilmember Johnson stated that following his study of this situation and talking with Mr. Bennett, he offered a substitute motion to leave Dundee as is, Farley as is, remove the stop signs at Skye Place, and on Summertime remove the two on the main thoroughfare. Mayor Hurley requested that Councilmember Johnson clarify the difference in his substitute motion and in the original motion. Mr. Johnson stated that he specified that the Farley Street stop sign remain rather than the Engineering Department making the decision also that the four-way signs be removed due to him being opposed to four-way stop signs. Councilmember Jones seconded the motion and the motion failed 2 to 7 with Councilmembers Johnson and Jones voting for and Councilmembers Dawkins, McBryde, Evans, Ross, Pillow, Torrey, and Kendrick voting against. Mayor Hurley then return to the main motion by Mrs. Evans to adopt the ordinances and the motion carried 7 to 2 with Councilmembers Dawkins, McBryde, Evans, Ross, Pillow, Torrey, and Kendrick voting for and Councilmembers Jones and Johnson voting against. The ordinance title are as follows: AN ORDINANCE AMENDING CHAPTER 20, “MOTOR VEHICLES AND TRAFFIC” OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (RESCINDS TRAFFIC SCHEDULE 6-STOP INTERSECTION-SKYE DRIVE AND SUMMERTIME ROAD). ORDINANCE NUMBER NS1987-14. AN ORDINANCE AMENDING CHAPTER 20, “MOTOR VEHICLES AND TRAFFIC” OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (ADDING TRAFFIC SCHEDULE 14-YIELD-RIGHT-OF-WAY-SUMMERTIME ROAD AT SKYE DRIVE). ORDINANCE NUMBER NS1987-14a. Copies of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1987. At this time, Councilmember Dawkins asked if an enforceable stop sign is going to be installed at Windwood-on the-Skye. Mr. Bennett responded that this is a private drive entrance to an apartment complex therefore, the stop sign is not enforceable by the Police Department. Should an accident occur and a charge is made, it would be for a unsafe movement rather than running a stop sign. Mr. Dawkins requested that steps be taken, such as acquiring right-of-way if necessary, to cause this stop sign to be enforced by the Police Department. Mr. Johnson then stated that he and Mr. Bennett had been to the site in question this morning and Mr. Bennett had answered yes to his question concerning placing the stp sign at Winwood in the right-of-way or at the police on the right-of-way. B. Consideration of a petition requesting additional stop locations in the Tallywood residential area. Mr. Bennett stated that the petition received in September, 1986, concerning this matter was presented to Council in October, 1986, but action was delayed in order to review the whole issue of multi-way stop signs are reduced speed limits. He stated they have reviewed the streets in this neighborhood and find no unusual conditions and therefore recommend disapproval of the request for all of the same reasons that have been stated in considering other similar requests. The public hearing was opened and Mr. George Fincher, 701 Emeline Avenue, was recognized in favor of the stop signs in the Tallywood area. Mr. Fincher's letter stated that they would like to reduce the amount of traffic and also the speed of traffic by the replacement os top signs at the following critical locations: 1) On Emeline at Cowles - A 3-way stop. 2) On emeline at Ravenhill Drive - A 3-way stop. 3) On Fairfield Road at Cowles - A 4-way stop. 4) On Ravenhill Drive at Drury Lane - A 3-way stop. Appearing in favor of the request were Catherine Stilwell, Ravenhill Road, Max Stroupe, Emeline Avenue, Roy Bradley, Kentyre Drive, Marilyn Richardson, Ravenhill, Carla Rapalje, Cowles Street, Sandra Hohing, Fairfield Road, Charlie Brewington, Revenhill, Frank DiCristina, Ravenhill. There was no one in opposition to appear before Council. Following Council discussion, Councilmember Jones offered motion to adopt the ordinance for 1, 2, 3, and 4 of the petition, seconded by Councilmember Kendrick. There was further discussion by Council. Mr. Johnson repeated that he could not vote for a 4-way stop sign. The motion carried 8 to 1 with Councilmember Johnson voting against. The ordinance title is as follows: AN ORDINANCE AMENDING CHAPTER 20, “MOTOR VEHICLES AND TRAFFIC” OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. A-STOP INTERSECTIONS-TALLYWOOD AREA). ORDINANCE NO. NS1987-15. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1987. C. Consideration of the rezoning from R6 Residential District and R5 Residential District to M1 Industrial District or to a more restrictive zoning classification for an area located at 2921 Breezewood Avenue. (Case No. P87-16) Mr. Mitchell stated that the Planning Board made no recommendation. The planning staff recommends denial for the reasons given in the memo to Council. This public hearing was duly advertised and all adjoining residents notified. The public hearing was declared open. Mr. George Herndon, representing the owners and petitioners, appeared stating that this property was second generation owners and they had been there over 30 years. He stated their main concern was in the event of a fire or natural disaster, they would not be able to rebuild and could not enlarge their property. No one appeared in opposition before Council. There was Council discussion and Mr. Cogswell was asked if this is spot zoning. He responded that it is. Councilmember Evans offered motion to deny the request, seconded by Councilmember Pillow. Councilmember Jones offered substitute motion to rezone from R6 Residential District and R5 Residential District to M1 Industrial District. There was no second. Mayor Hurley then returned to the main motion to deny the rezoning. The motion carried 7 to 2 with Councilmembers Dawkins, McBryde, Evans, Ross, Pillow, Torrey, and Kendrick voting for, and Councilmembers Johnson and Jones voting against. D. Consideration of the rezoning from R10 Residential District to C1(P) Shopping Center District or to a more restrictive zoning classification for an area located at 1950 Owen Drive. (Case No. P87-25). Mrs. Jeanette Snead, 2004 Owen Drive, was recognized and requested postponement of this public hearing due to her attorney not be any prepared. Council informed Mrs. Snead that this was an advertised public hearing, therefore, would not be able to be postponed. Mr. Mitchell presented this item and stated that the Planning Board did not make a recommendation due to this being a tie vote at their hearing. The Planning staff recommends denial of the requested rezoning from R10 to C1P Shopping Center District and approval of P2 Professional District based on the opinion that the proposed P2 Professional District would provide for a transition area from Owen Drive to a predominate single family residential area to the West of this property. Mayor Hurley then opened the public hearing. Mrs. Jeannette Snead appeared in favor of the rezoning. She stated that this property all along Owen Drive will eventually become commercial and she was requesting that this lot on the corner of Philly's Circle and Owen Drive become C1P as is the adjoining property. Also appearing in favor was Joy Pitts, 3105 Philly's Circle. She stated that her property adjoined this property and she was not against the rezoning. Appearing against this rezoning was Conrad Swick, Nato Road property owner. He stated that he had fought this in 1984 when they were annexed into the city. He had presented to the Planning Board, a petition with 118 signatures of people in the neighborhood. Also opposed was Ms. Katherine Kearny, 3113 Philly's Circle, stated that she lived there for 23 years and that this is not a transient neighborhood. It is vulnerable to excessive traffic, noise, garbage and increased crime. Marie Winfrey also appeared against this rezoning and stated that she lives next door to Joy Pitts, daughter of the applicant. Councilmember Evans stated that she felt it would be a disservice to Mrs. Snead to postpone this item. She felt that since the Planning staff recommended denial, she offered motion to deny the request for rezoning, seconded by Councilmember Jones and carried unanimously. E. Consideration of the rezoning from R5 Residential District to C3 Heavy Commercial District to a more restrictive zoning classification for an area located at 413 McIver Street (Case No. P87-29) Mr. Mitchell stated that the Planning Board had recommended approval. Planning staff recommends approval of P2 instead of C3 for the reason that the McIver Street reevaluation conducted in June, 1986, indicates that this area should be developed for commercial services and that the P2 Professional District is an appropriate zoning district classification for professional services. Mayor Hurley then opened the public hearing. Mr. Stacey Weaver, representing the land owners and proposed purchaser of this property, appeared in favor of the request from R5 to C3. He presented photographs of the area and stated that if there was another zoning to house supplies, they would be asking for that. He stated they will put up a buffer and this will remove the bars on Robeson Street. This will also eliminate the open ditch. Appearing in opposition to the rezoning were Ervin Brodie, McIver Street Nathan Springs, McIver Street, Beverly Smith, McIver Street, Haddie Olvier, 810 Silk Lane, and Mary Fogle, Humphrey Lane, who all concurred that this was a neighborhood of Elderly people having lived there for many, many years. Councilmember Dawkins asked Mr. Mitchell if the area residents were notified of the Planning Board hearing since no one had appeared in opposition. Mr. Mitchell responded that they were notified but no one appeared in opposition. Councilmember Torrey stated that these people were victims of the CBD Loop. He said that most of the residents were elderly people unable to attend the meeting, and they wanted to live out the rest of their life in the place where they have lived most or all of their life without commercial traffic. Councilmember McBryde stated that he felt this rezoning affected the whole area along Robeson Street and not just the McIver Street area. Eliminating the bars in that area may cut down on the noise and traffic of all hours which might benefit the McIver Street residents. Therefore, he offered motion to follow the recommendation of the Planning Board and rezone to C3 Commercial, seconded by Councilmember Jones. Councilmember Ross stated that it is shame for the blacks to have to beg to what's theirs. This should concern only the people living in that area because it will disrupt their living. Mrs. Ross concluded by stating that her area connects with this area and that's why she is against the rezoning. Mrs. Evans stated she felt even though it would better the neighborhood for the bars to be removed, she preferred to follow the wishes of the residents. Therefore, she would have to vote against. There being no further discussion, Mayor Hurley called for a vote on the motion and it failed 3 to 6 with Councilmembers McBryde, Jones, and Dawkins voting for and Councilmembers Evans, Ross, Pillow, Torrey, Johnson, and Kendrick voting against. F. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 611 and 603 Country Club Drive. (Case No. P87-30) Mr. Mitchell stated that the Planning Board recommends approval. The Planning staff recommends denial for three reasons given in the memo to Council. The public hearing was then opened. Mr. Stacey Weaver appeared before Council representing the petitioner. He stated that the property was isolated and is surrounded by Rutledge College, apartments, and a mobile home park. He further stated after spending $10,000 - $15,000 in remodeling repairs to the beauty shop that had been operating for over four years, the owner was told that he was non-conforming and was ordered to discontinue his employees. Mr. Weaver stated that the house was not sold after a year of being on the market. Councilmember Dawkins enquired of the City Attorney if this would be spot zoning and Mr. Cogswell responded that it would. Mr. Weaver was again recognized and stated that he had been before the Planning Board for this application and questioned whether this would be spot zoning. He was advised that it would not be, otherwise they would not have gone any further with this application. Following some further discussion, Councilmember Jones offered motion to deny the rezoning, seconded by Councilmember Ross and carried 8 to 1 with Councilmember Torrey voting no. G. Consideration of the rezoning from R10 Residential District to R5A Residential District or to a more restrictive zoning classification for an area located at 813 Tally-Ho Drive. (Case No. P87-34) Mr. Mitchell stated that there was no recommendation made by the Planning Board due to there being a tie vote at their hearing. Planning staff recommends approval for the following reasons: 1. That the Land Use Plan calls for medium density residential development at this location. 2. That the site meets the location criteria as outlined in the Land Use Policies Plan for medium density residential development. The public hearing was opened and Attorney Ervin Baer, representing the owners of the property appeared in favor. He submitted a petition with 45 to 50 names of adjoining property owners not opposed to rezoning. Mr. Jim Maxon, 1007 Cain Road, presented pictures of the area and stated than this would bring additional revenue into the City. Mr. Ed. Blanchard also appeared in favor. Appearing in opposition was Mr. George Herndon, representing the Hondros family with houses on Doll Street. He stated that those who spoke in favor all stand to gain something from the rezoning. Mr. Herndon stated that if they zoned that area for these apartments, there is no promise that good quality apartments would be built there and they could be packed in like sardines. Also appearing in opposition was Mr. K. O. Hondros, resident of 904 Doll Street. He stated that he had been living there for over 23 years and had spent everything he has to build his home and homes for his families and to clean the area up for suitable living. He and his family were strongly opposed to the rezoning. Mrs. Mary Guy Tally, widow of George Henry Tally, Jr., also appeared in opposition. Councilmember Johnson offered motion to deny the rezoning request, seconded by Councilmember Ross. Councilmember Kendrick offered a substitute motion to rezone to R6 Residential, seconded by Councilmember Dawkins. Mr. Baer asked to speak again and Council voted to deny his request. Mayor Hurley called for a vote on the substitute motion to rezone to R6 and it failed 3 to 6 with Councilmembers Dawkins, McBryde, and Kendrick voting for and Councilmembers Evans, Jones, Ross, Pillow Torrey, and Johnson voting against. Mayor Hurley then returned to the main motion to deny the rezoning and it carried unanimously. H. Consideration of the rezoning from R5 Residential District and P2 Professional District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 324 Cumberland Street. (Case No. P87-38) Mr. Mitchell stated that the Planning Board recommends denial of the rezoning request. The Planning staff also recommends denial for the three reasons given in the memorandum to City Council. The public hearing was opened and Mr. George Rhodie appeared in favor of the rezoning stating that the area is gradually becoming C3 Heavy Commercial District. This is the only use that he can make of this property. Appearing in opposition was Mr. William McMillan, 816 East Orange Street, presenting a petition with approximately 57 names opposing this rezoning. He stated that most of the people in that area are elderly and are unable to move to new locations or deal with the heavy commercial uses in their area. Also appearing in opposition were East Orange residents, William Carver, Horace L. Davis, Beatrice and Tom Malone, Beatrice Leach, and Mary Dixon. Councilmember Evans offered motion to deny the rezoning, seconded by Councilmember Ross and carried unanimously. I. Consideration of application for Community Development Block Grant Funding for Fiscal Year 1987-88. Mr. Herrera presented this item and stated that they had presented essentially all information available to Council. He briefly reviewed the information and showed naps with the areas involved. Councilmember Jones asked Mr. Herrera if he could take part of the $100,000 that is earmarked for sidewalks and hold in escrow, especially for the one lady in Massey Hill that has asked for help several times. Mr. Herrera responded that Council can use the money in any they chose. Also they usually deal with neighborhoods rather than on an individual basis. The public hearing was then opened. Appearing a in favor was Mr. Thomas Wilt, YMCA Executive Director. They had submitted a request for financial assistance from the Fayetteville Redevelopment Commission in order to renovate the day-care nursery, owned by the YMCA, at 337 Dick Street. Mrs. James Graham, 1007 Turnpike Road, was recognized requesting renovation to her house. She said she had appeared several times for requests. Clinton Harris, Chairman of Housing Committee for the Cumberland County Senior Roundtable, representing 15-16,000 senior citizens living in Fayetteville and Cumberland County, was recognized. He stated they had studied the plan at their last meeting and request Council adopt and approve as presented by Mr. Herrera. Ms. Mamie Haggins, 2065 Osceola Drive, also appeared requesting help in that area. Dorothy Ivory, 736 Eufala, stated she was located in the targeted area and wanted to know if Council was going to act on this tonight. Council responded that they would. Councilmember McBryde offered motion to follow the recommendation and adopt the funding recommended for the Fiscal Year 1987-88 as presented by Mr. Herrera, seconded by Councilmember Jones and carried unanimously. Consideration of adoption of a resolution, without petition, approving the paving of Pate Drive. Mr. Bennett stated that they are recommending adoption of the resolution to pave this street between Morganton Road and Fort Bragg Road because of the constant maintenance problem. All property owners have been notified of the public hearing that was advertised. Mayor Hurley opened the public hearing and recognized Dr. Richard Sherreff. He stated they are not opposed to the paving, however, they would prefer retaining as much of the land with the trees on it as possible because some are centuries old. Dr. Daniel Hall and Mr. John Dawson also appeared with the same request. Following discussion by Council, the City Manager stated that since this paving is to be done at less than normal width, the plans would be brought back for final approval. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF PATE DRIVE FROM MORGANTON ROAD TO FORT BRAGG ROAD. RESOLUTION NUMBER R1987-34. Councilmember Dawkins 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 R1987. K. Consideration of adoption of a resolution approving the construction of a drainage system adjacent to Ducks' Nest, Section 1 Townhouses. Mr. Bennett stated that this was an advertised public hearing and all abutting property owners had been notified. He stated that they had received three letters in support of this project provided it did not do major damage to the environment nor exceed the estimated cost that was furnished to the property owners. The public hearing was opened and Mr. William Clark representing property owners to the North of the proposed project and Jan Baxley of Woodwind Drive appeared in favor of this project. There were none opposed at the meeting. FINAL RESOLUTION ORDERING THE CONSTRUCTION OF A STORM SEWER AND DRAINAGE SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, ABUTTING DUCKS' NEST, SECTION 1. RESOLUTION NUMBER R1987-35. Councilmember Pillow introduced the foregoing resolution and moved its adoption, seconded by Councilmember Evans and carried unanimously. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. At this time Councilmember Ross offered motion to enter executive session for a litigation matter at 11:03 p.m., seconded by Councilmember Jones and carried unanimously. Council reconvened into regular session at 11:24 p.m. 4. Consideration of a resolution authorizing the City Manager to apply for a Highway Safety Project grant to provide access to the Highway Safety Research Center's vehicle accident records and the adoption of Capital Project Ordinance. Councilmember Dawkins offered motion to adopt the resolution and capital project ordinance, seconded by Councilmember Jones and carried unanimously. The resolution tithe is as follows: LOCAL GOVERNMENTAL RESOLUTION (MERGE SYSTEM). RESOLUTION NUMBER R1987-36. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 5. Consideration of an ordinance ordering the demolition of stricture located at 250 South Cool Spring Street. 6. Consideration of an ordinance ordering the demolition of structure located at 252 South Cool Spring Street. Walter Haire requested that Council recognize Mr. and Mrs. Betancourt on these matters. Mr. Betancourt was recognized who stated that he had tried to save these buildings. He stated that he had tried twice to sell both of the buildings but both times they were turned back over to him. He has been in the hospital and has not been able to continue the repairs or trying to sell the property. He feels that he would he able to repair the structure at 250 South Cool Spring Street and would be able to use some of the materials from the structure at 252 South Cool Spring Street. However, he would be unable to get this done right away and requested some time to complete this work. Councilmember McBryde offered motion to adopt the ordinance for Item 5 and to adopt the ordinance on Item 6 with the exception of allowing six months for completion beginning in June, seconded by Councilmember Kendrick and carried unanimously. The ordinance titles are as follows: 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 (250 SOUTH COOL SPRING STREET). ORDINANCE NUMBER NS-1987-16. 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 (252 SOUTH COOL SPRING STREET). ORDINANCE NUMBER NS1987-17. A copy of the foregoing ordinances are on file in the Clerk's office in Ordinance Book NS1987. 7. Consideration of an ordinance ordering the demolition of structure located at 201 Hillsboro Street. Walter Haire stated that this is commercial property that is connected to the property next door. Mr. Haire suggested that this building be demolished because it was in very bad condition and had been damaged by fire. 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 DWELLING AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY (201 HILLSBORO STREET). ORDINANCE NUMBER NS1987-18. Councilmember Kendrick introduced the foregoing ordinance and moved its adoption, seconded by Councilmember McBryde and carried unanimously. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1987. 8. Consideration of approval of Bond Project signs. Mr. Stancil displayed a sample of the Bond Project signs. Councilmember Dawkins offered motion to approve the Bond Project signs as submitted, seconded by Councilmember McBryde and carried unanimously. 9. Consideration of approval of purchase of trucks and approval of Lease Purchase Agreement. Councilmember McBryde offered motion to award purchase contract for trucks lease purchase agreement with First Union National Bank as recommended by the City Manager, seconded by Councilmember Jones and carried unanimously. 10. Consideration of amendment of Chapter 10A, Civil Preparedness Ordinance, concerning emergency responsibilities and functions. Council recognized Mr. John McGinnis' presence and commended him for being in attendance until 11:30 p.m. for this item. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 10A, CIVIL PREPAREDNESS, SECTION 10A-5, “FUNCTIONS AND RESPONSIBILITIES” OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NUMBER S1987-21. Councilmember Evans 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 S1987. 11. Consideration of a Resolution of Consideration for Annexations. Mr. Smith explained that this is a Resolution of Consideration for action that is taken when an area is under study and being considered for annexation and must be adopted at least one year prior to adoption of a Resolution of Intent to annex. This area is contiguous to the resolution number R1986-62 (area surrounding 1-95/Cedar Creek Road interchange). A RESOLUTION IDENTIFYING THE AREA DESCRIBED HEREIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (EASTERN FAYETTEVILLE). RESOLUTION NUMBER R1987-37. Councilmember Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried 7 to 2 with Councilmembers Dawkins, McBryde, Evans, Jones, Pillow, Torrey, and Kendrick voting for and Councilmembers Johnson and Ross voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 12. Consideration of amendment of Section 32-28(57) and 32-32.1(c)(5) regarding Health Clubs. Councilmember McBryde offered motion to refer this to the Planning Board as recommended by the City Attorney, seconded by Councilmember Kendrick and carried unanimously. 13. Appointments: Nominations to fill one vacancy on the Board of Appeals on Dwellings and Buildings. Councilmember Ross nominated Luther C. Oliver, 810 Silk Lane and Councilmember Torrey nominated Lynwood Ross Haith, 819 Seabrook Road. 14. Administrative Reports: None. Mayor Hurley reminded everyone of Mayor Day in Raleigh in May 28, also of the HCA complimentary breakfast on May 5 at 7:30 a.m. There being no further business, the meeting was adjourned at 11:40 p.m. PUBLIC HEARING TUESDAY, MAY 5, 1987 FAYETTEVILLE CITY COUNCIL PUBLIC HEARING CITY HALL COUNCIL CHAMBER TUESDAY, MAY 5, 1987 7:30 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, 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 Services Robert C. Cogswell, Jr., City Attorney Gerald McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Ronald Hansen, Chief of Police John Nagel, Amherst Development Corporation Press Mayor Hurley offered the invocation and led the Pledge of Allegiance to the American Flag. The City Manager was recognized and he reviewed the history of the Prince Charles Hotel from the time it was purchased in 1977. He stated that at that time it was suggested to consider using the building for City offices or to convert to a low-income housing for the elderly. Mr. Smith said that offers had been made by developers, but were turned down because of financing except for John Nagel with Amherst Development Corporation. Mr. Nagel's proposal included the development of the property across the street. However, he had run into difficulty getting this portion of the project underway. Mr. Smith then reviewed the history of the City Hall. In the 1940s all City offices were located in the City Hall, including PWC, Police Department and Engineering. He presented information on the location of all City offices as of today, and that following the Council's Building and Properties Committee suggestion of consolidation of City offices, Mr. Nagel made a proposal of leasing renovated buildings across from the Prince Charles Hotel in order to get the project underway. Mr. Smith reviewed the lease agreement which consisted of a negotiation of city lease which would have to be approved by City Council and the Local Government Commission. Also the developer would have to secure finances. Mr. Smith suggested an amendment to read “lease or purchase” which Mr. Nagel was in agreement to. Mr. Smith then cited what the Resolution of Intent consisted of, which is that the developer agrees to purchase the Prince Charles Hotel and the property as indicated previously, construct office space and personnel parking, and renovating the Prince Charles Hotel in accordance with terms and conditions of UDAG. Mr. Smith also informed Council that a response from Dan McMillan, architect of Law Enforcement Center, to Mr. Spiller, Assistant County Manager, of possible future expansions at the LEC revealed that the LEC is not adequate for City Police Department expansion in the future without greatly hampering their efficiency. Mayor Hurley then opened the public hearing. Mr. J. P. Riddle, local realtor and developer, questioned if there has been any separation between cost of the Hotel purchase and the railroad station. Also, how much or if any of the UDAG money goes to the Hotel purchase and the office space and what will happen to the buildings we have today. Mr. Riddle also wanted to know where the rest of the money was coming from other than the grant money that would be used. Mr. John Nagel responded that they would be using UDAG, interest rates have declined, taxable bonds or syndications of the historic rehab credits. Mr. Nagel read a letter from Mr. Mark Haggerty, Vice-President of Miller and Schroeder financial, stating that financing is feasible based on the following reasons: 1) Continuation of the $2.6 million UDAG, 2) Continuation of the $500,000 financing assistance from the City of Fayetteville and subordination of some or all of the land purchase price, 3) Entering into a lease with the city of Fayetteville for 80,000 square feet or more of the commercial property on a triple net basis and 4) Syndication of the historic rehab credits and other equity contributions which they have discussed. Mr. Nagel also gave a run-down of the estimated cost of the project for actual construction of the Prince Charles Hotel, the railroad station, other buildings, parking, furniture, fixtures, equipment, architects, engineers, etc., for an estimated $16,960,000. Mr. Nagel concluded by reminding Council that they voted to proceed with this project a year ago. Appearing in favor was Doug Barfield, Stokes Drive, who stated that he was raised in Fayetteville. He has seen the Holly Inn in Pinehurst, which was one of Mr. Nagel's projects and was very impressed. Mr. Barfield stated that he feels that Fayetteville is halfway home and should proceed. Mr. Howard Rudner, Fashion Lane, was recognized stating that he was in favor of the project, however, he felt that the Police Department should stay at the LEC. Mr. Fred Deem, President of a local firm, appeared in favor stating that this would be a larger tax base, the employment advantage at the Hotel and the additional businesses that would come into downtown with the consolidation of the city offices would refurbish our downtown. Mr. Phil Comer of Highsmith-Rainey Memorial Hospital affectionately known as the West End Development Corporation stated they have been there for four years and want neighbors. Mr. Comer stated that they have a lot of patients and relatives of patients from out of town that see the boarded windows and locked doors rather than businesses and a thriving downtown. He concluded by stating anything worth doing unfortunately has its risks. Mr. Dawkins asked Mr. Comer how much they had invested in downtown in private dollars and Mr. Comer responded approximately $30,000,000 invested. Mr. W. A. Bissette, Chairman of Revitalization Commission and eight other members were present. Mr. Bissette stated that this is the gateway to downtown or most of the residents and it would be a long-term effort. Mr. David Little, Maywood Drive, representing the Olde Fayetteville Association appeared in favor stating that it will be taking a big step forward to proceed with this project. Mr. C. John Malzone, Realtor, stated there has been an increase in inquiries of downtown. He feels that people are looking to Council for future in downtown in the strength of the project of the Liberty Point and there have been six buildings sold in that area and others are being renovated. Also appearing in favor was Clinton Harris, coordinator for the Fayetteville-Cumberland County Citizens Association who supports this project and stated that Council needs to move on this project. Dr. Joe Baggett also appeared in favor of the Hotel project. Appearing in opposition was Mr. Cecil Barefoot, private citizen, who stated that by consolidation of these offices, it will create a problem and lose a monumental amount of efficiency because employees will congregate and talk. Mr. David Lloyd, Offshore Drive, was also recognized in opposition. He stated that he supports progress in downtown but has questions and concerns, such as will Mr. Nagel be required a performance bond in this lease agreement, is there master plan, will office space employees have ample parking, and what will the hotel be used for. Councilmember Dawkins responded by stating if Mr. Nagel does not comply with everything then all bets are off. He also responded to the question of the use of the Hotel which has been determined by our studies that the best use would be for hotel. If not a hotel, then housing. Mrs. Trish Clayton appeared in opposition by stating that if this is such a place for a hotel why haven't more developers shown interest in building hotels downtown. She also stated that she does not feel taxpayers should subsidize this project. There being no one else to speak on this matter, the public hearing was declared ended. Councilmember Jones expressed concern about future problems in not advertising for bids on the Hotel. Councilmember McBryde stated that there is a need to consolidate the City offices but we need to build our own. Mr. McBryde stated he does not feel the Hotel would be successful in the downtown without a convention center. The remaining Councilmembers were in favor of beginning the project. RESOLUTION OF INTENT. RESOLUTION NUMBER R1987-38. Councilmember Evans offered motion to adopt the Resolution of Intent with the Amherst Development Corporation, seconded by Councilmember Ross. The motion carried 7 to 2 with Councilmembers Dawkins, Evans, Ross, Pillow, Torrey, Johnson, and Kendrick voting for and Councilmembers Jones and McBryde voting against. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. At this time, Mayor Hurley stated that he would like to congratulate the City for being on the move again and he is proud of the Council for this action. Mayor Hurley also acknowledged a letter received from the Mayor of Pinehurst stating how much the Holly Inn has meant to their community and recognized Mr. Stafford, who was with Mr. Nagel tonight. The meeting was adjourned at 10:00 p.m. REGULAR MEETING MONDAY, MAY 18, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MAY 18, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, 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 Services Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Robert M. Bennett, City Engineer Frank Simpson, Superintendent of Inspections Walter J. Haire, Jr. Chief Housing Inspector Agnes Bundy, Real Estate Specialist/Office Manager, Engineering Gordon Allen Mitchnell, Deputy Director, City/County Planning Department Press Mayor Hurley called the meeting to order. Following the Invocation offered by Pastor Jerry Swinney, New Behtel Pentecostal Holiness Church, Mayor Hurley led the Pledge of Allegiance to the Flag of the United States. Youth Week in Fayetteville and Cumberland County began with today's Youth Involvement Day and a continental breakfast at 8:30 a.m., at Haymount United Methodist Church on Fort Bragg Road Mayor Hurley asked each Councilmember and staff to introduce their counterpart: Mayor Hurley introduced the Mayor counterpart, Becky Allen, E.E. Smith High School and stated that she has achieved full scholarship to Harvard University and is also a Moorehead Scholarship recipient but chose to attend Harvard. Mr. Dawkins stated that Crystal Davies, Terry Sanford High School, had been present at the introductory breakfast but has not arrived at the meeting. Ms. Evans stated her counterpart Shane O'Neal of Terry Sanford High School is not present at this time. Mr. Pillow introduced Joey Campbell from Westover High School. Councilmember Johnson stated that Audrey Harmon was not present. Ms. Ross' counterpart, Kelly Jackson was not present. Mr. Torrey introduced Carol Hudspeth of Terry Sanford High School. Mr. Kendrick stated that Greg Parett, Pine Forest Senior High, was present today but has not come to the meeting as yet. Mr. Jones introduced Debbie Lloyd of the Fayetteville Academy. Mr. McBryde was not present for the daytime functions, but his counterpart Morris Blunt, of E. E. Smith High School had been present and is in attendance at the meeting. John Smith introduced Elizabeth Croll of the Fayetteville Academy. Robert Cogswell stated that Linda Bowers was not present today so he transferred Mr. McBryde's counterpart, Morris Blunt to his position. Bobbie Joyner stated that her counterpart Karen Abner Terry Sanford High School, had been present during the day but had a prior commitment and had enable to attend the meeting. The Mayor then offered congratulations to Councilmember Sam Johnson for having been ordained into the ministry last night. 1. Approval of Agenda Mayor Hurley recognized Councilmember Ross. She stated she wanted the rezoning of McIver Street removed from the agenda and read a prepared statement saying that Councilmember Evans had asked that this item be put back on the next agenda against the wishes of Ms. Ross' constituents. Mrs. Evans responded that she did not request this be put on the agenda. Ms. Ross offered motion to withdraw Item 7 from the agenda, seconded by Councilmember Torrey. The motion failed 2 to 7 with Councilmembers Ross and Torrey voting for. Councilmember Dawkins requested that Item 10 be removed and placed on the June 1 agenda, seconded by Councilmember Evans. A friendly amendment was accepted from Mr. McBryde to have this item placed on the first meeting after the Policy Committee meets and makes a recommendation on this matter. The vote was unanimous. The City Attorney requested that the item dealing with important legislature he had presented to Council in the form of a memorandum be placed on the agenda under Other Administrative Items because it will involve a recommendation of a public hearing or adoption of resolution. Councilmember Kendrick offered motion to approve the agenda with the removal of Item 10 and the addition of Item 11D, seconded by Councilmember Jones and carried unanimously. 2. Consent: Councilmember Kendrick offered motion to approve the consent items and adopt the resolutions, seconded by Councilmember Pillow and carried 8 to 1 with Councilmember Ross voting no. A. Approval of minutes of information meeting of April 27, 1987. B. Approval of minutes of regular meeting of May 4, 1987. C. Approval of Amendment to Lions Club Lease. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE AMENDMENT OF THE LEASE OF THE CITY OF FAYETTEVILLE PROPERTY (FAYETTEVILLE LIONS CLUBS). RESOLUTION NUMBER R1987-39. D. Adoption of Budget Amendments: Capital Project Ordinances - CAP 87-898 and CAP 87-899 Capital Project Ordinance Amendments: Change 87-16 to CAP 1 Change 81-16 to CAP 7 E. Adoption of a resolution setting a public hearing for June 15, 1987, to construct a drainage system between Murchison Road and Cross Creek opposite Brunner Street intersection. PRELIMINARY RESOLUTION REQUIRING THE CONSTRUCTION OF A STORM FEWER AND DRAINAGE SYSTEM BETWEEN MURCHISON ROAD AND CROSS CREEK. RESOLUTION NUMBER R1987-40. F. Approval of a request from Cross Creek Merchants Association for July 4th Fireworks display. Copies of the foregoing r£solutions are on file in the Clerk's office in Resolution Book R1987. 3. Public Hearings: Consideration of adoption of a resolution to close a dedicated unopened street, formerly known as Boxwood Lane, running through pamalee Plaza Shopping Center off Murchison Road. Mayor Hurley informed the audience of the policy of public hearings. Mr. Bennett presented this item and stated this street is located at Pamalee Plaza Shopping Center. The public hearing has been advertised and the adjacent property owners notified. Mr. George Herndon, author of the petition, appeared in favor. There was no one to appear in opposition. RESOLUTION AND ORDER CLOSING FOXWOOD LANE (FORMERLY GARDNER AVENUE). RESOLUTION NUMBER R1987-41. Councilmember Dawkins introduced the foregoing resolution and moved is adoption, seconded by Councilmember Kendrick and carried unanimously. The foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 4. Consideration of a revision of assessant policy for streets and sidewalks. Mayor Hurley recognized Councilmember McBryde, Chairman of the Policy Committee, who presented the Committee's recommendations and offered motion to adopt an assessment policy for sidewalks that would assess 50 percent of the actual cost of construction not to exceed $5.00 per linear foot and to recommend adoption of a policy of assessing or street construction at a rate of $10.00 per linear foot, both to be paid over a 10-year period at 8 percent interest with no discount for prepayment, seconded by Councilmember Evans. Mr. Smith reminded Mr. McBryde that both of these changes would be effective January 1, 1988, and any valid petition received or street paving ordered by Council prior to January 1, 1988, would still be at $4.00. Mr. McBryde amended his motion to include the effective date of January 1, 1988. Following some discussion, Councilmember Kendrick offered a substitute motion to increase from $4.00 to $8.00 instead of $4.00 to $10.00, seconded by Councilmember Ross. The motion Failed 2 to 7 with Councilmembers Kendrick and Ross voting for. Mayor Hurley then called for a vote on the main motion and it passed 8 to 1 with Councilmember Ross voting against. 5. Consideration of deletion of a stop location on Skye Drive. Mayor Hurley stated that he has received a petition from the Farley Place stop sign. They also wish to be heard on this matter. Mr. Bennett stated that Council had directed him to recommend deletion of either the Summertime Road stop location at Farley Place or Stokes Court. Mr. Bennett stated they have reviewed the conditions and have recommended the deletion of the Summertime Road stop at Farley Place, leaving a four-way stop location at Stokes Court, due to more traffic and a traffic accident at that location. Following lengthy discussion, Councilmember Johnson offered motion to leave the stop sign at Farley Place and leave the four-way stop sign at Stokes, seconded by Councilmember Jones. There was some further discussion and Councilmember Pillow offered a substitute motion to follow the recommendation of the City Engineer and remove the stop sign at Farley Place, seconded by Councilmember Torrey. There was a 3 to 4 vote with Councilmembers Dawkins, McBryde, Evans, Pillow, and Torrey voting for and Councilmembers Ross, Johnson, Kendrick, and Jones voting against. Therefore this constitutes a second reading. At this time, Councilmember Dawkins requested to be recognized on a personal privilege. He stated that M. Kendrick was under the impression than he has voted for the motion. Councilmembers were in agreement that another vote be taken. The motion was restated and the vote was 5 to 3 to follow recommendations of the City Engineer and remove the stop sign at Farley Place with Councilmembers Dawkins, McBryde, Evans, Pillow, Torrey, and Kendrick voting for add Councilmembers Ross, Jones, and Johnson voting against. The ordinance title is as follows: AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS - FARLEY PLACE). ORDINANCE NUMBER NS1987-19. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1987. 6. Consideration of amendment to description of Demolition Ordinance NS1987-18 previously adopted on property located at 201 Hillsboro Street. The City Attorney requested this action be tabled until a later date, if necessary, because it might be accomplished another way. CouncIlmember McBryde offered motion to remove Item 6 from the agenda, seconded by Councilmember Kendrick and carried unanimously. 7. Consideration of initiation of rezoning of property between McIver Street and Robeson Street. Mr. Smith stated that this is not a reconsideration of a previous request but a new rezoning request initiated by City Council. Council can either take no action or refer this to the Planning Board for the public hearing process. At this time, Councilmember Evans stated that she had no objections to this being on the agenda, but she wanted it clear that she did not initiate this matter. Councilmember McBryde stated that he had initiated this item. Al Mitchell presented a map showing the area of concern and stated that this is a portion of property in the area around to the C3 Heavy Commercial District. There were questions from Council of Mr. Mitchell and it was established that the property in question is approximately 145 feet from McIver Street and this rezoning would not affect the McIver Street residents. Following some discussion, Councilmember Kendrick offered motion to refer this to the Planning Board as a zoning case, seconded by Councilmember Evans and carried unanimously. 8. Request by Mr. and Mrs. Willie Purdie to appear before City Council. Mrs. Victoria Purdie, 1009 Rochester Drive, was recognized and read a prepared statement signed by her husband Willie L. Purdie. This statement consisted of a chain of events since September of 1986 concerning their house being moved from 614 Weiss Avenue to 927 Weiss Avenue, which is in a flood plain. In summary, the Purdie's feel that the mistakes were made by the City and are requesting assistance from the City. Mr. Smith responded that as he understands it, a plot plan is needed to get a building permit for the foundation and it was at that time that the Inspection Department discovered the lot in question might be in the flood plain. Mr. Smith further stated that we have made some attempts to help in this unfortunate situation by having Agnes Bundy of the Engineering Department and Richard Herrera, Community Services Director, search for lots owned by the City which would be suitable for their purposes and provide appropriate sale prices, several lots were mentioned to the Purdie's, however, they were not suitable to them. Mr. Smith stated he had also contacted Tim Wood who stated that based on the situation, PWC would waive tapping on a new lot. There was lengthy discussion and questions. One question was addressed to Mr. Bennett as to the legality of filling n the lot in the flood plain. Mr. Bennett responded that it is illegal to fill any floodway of a stream that has been designated by the Federal Flood Insurance people. Also in response to the definition of sea level, Mr. Bennett stated that sea level is a datum that flood elevations are based on. There was some further discussion and Councilmember Kendrick offered motion to direct staff to research further for a suitable lot and report at the first meeting in June seconded by Councilmember Evans and carried unanimously. 9. Request by Councilmember Sam Johnson for discussion of possible bond issue for the town civic center. Mr. Johnson asked Mr. Smith to present this item, and Mr. Smith stated that at this point there is not enough in format on to get a cost estimate or other data together. It has been something that has been studied in the past and may be worthy of some study in the future to see if it is feasible and something we want to do. Councilmember Johnson stated that Mr. Nagel had shown an interest in this civic center being placed in the area of his Prince Charles project, however, Mr. Nagel has not begun his project. Therefore, he offered motion to instruct staff to develop a proposal for a downtown civic center that could be placed before the voters in the form of a bond referendum at the earliest possible date, seconded by Councilmember Jones. There was some further discussion and Councilmember Evans offered substitute motion that this matter be turned over to staff for survey, seconded by Councilmember Dawkins and carried unanimously. 10. Appointments: (This item pulled from the agenda.) 11. Administrative Reports: A. Report of taxes collected for the month of April, 1987, from the Cumberland County Tax Collector. This report was submitted by Mr. Smith. B. Discussion of changing Information Meeting date to May 26, 1987, due to Memorial Day holiday. Mr. Smith stated that he was advised by the City Attorney that the information meeting would have to be a special meeting in order to comply with the Sunshine Notice. It was suggested that due to legislative matters that might need to be discussed, Council continue this regular meeting and cancel the information meeting. Councilmember Dawkins offered motion to continue tonight's meeting until Tuesday, May 26, seconded by Councilmember Kendrick. It was brought to attention that this is usually done at the end of the meeting, therefore the motion and second were withdrawn. C. Consideration of request from Fayetteville Airport Commission for a joint meeting with City Council to discuss the Airport Master Plan. Council agreed to meet in a special meeting jointly with the Fayetteville Airport Commission at 5:30 p.m., May 26, Banquet Room, Green Tree Inn, 521 Ramsey Street, and then return to Council Chamber to begin the continuation meeting at 7:00 p.m. D. Other Mr. Cogswell was recognized who presented a memorandum to the Mayor and Councilmembers concerning a Legislative Bulletin hotline from the NCIM concerning no billboard amortization. House Bill 1145 would require local governments to pay monetary compensation to owners of outdoor signs or billboards when the local government requires by a zoning ordinance that the signs be removed. The bill would not exempt any local amortization ordinance in effect before the bill is ratified. Mr. Cogswell stated that the League is asking us to get in touch with the delegates. The Citys' current proposed ordinance is scheduled for a public hearing on June 2, at the Planning Board. The City Attorney recommended that Council schedule a public hearing for June 5 instead of following normal procedures which could put the public hearing into July. Councilmember Evans offered motion to follow the recommendation of the City Attorney and schedule public hearing for June 15, seconded by Councilmember Kendrick and carried unanimously. Mr. Cogswell presented a resolution opposing this House Bill to be sent to the delegation. He stated that last week, according to the newspaper, Representative Beard voted in favor, Representative Warner was on an excused absence and Representatives Jeralds, Edwards, and Raynor voted against it. Mr. Cogswell stated that this resolution also pertains to House Bill 1283 which deals with damages for downzoning. This bill says that zoning or change of zoning from a less restrictive zoning classification to a more restrictive classification, then the change makes the property economically less valuable is a compensable taking for which the City must compensate the owner. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE OPPOSING HOUSE BILL 1145 AND HOUSE BILL 1283, NORTH CAROLINA GENERAL ASSEMBLY, 1987 SESSION. Councilmember Kendrick offered motion to adopt the foregoing resolution, seconded by Councilmember Evans and carried unanimously. A copy of this resolution is attached to the original minutes and on file in the Clerk's office. Mr. Smith then presented another bill, HB1248, Regulate Municipal Utilities, that he considers of great urgency. This bill would prohibit the charging of differential rates to outside customers for a City utility. For example, PWC has outside City rates and inside City rates. This law would prohibit that. This law would also prohibit the transfer of any funds from an enterprise fund to another fund except for debt: service. In other words, PWC could not transfer funds from its electric fund to its water and sewer fund to help support it water and sewer. Neither would PWC transfer funds for excess revenue from electric operations to the City's general fund. This could be something in the neighborhood of a 20-25 cent tax value to the City of Fayetteville if this bill would become law. The City Attorney recommended that staff be authorized to write a resolution in opposition of this House Bill for presentation to the delegation. Councilmember Dawkins offered motion to follow the recommendation of the City Attorney to have staff prepare a resolution to submit to the delegation, seconded by Councilmember Jones and carried unanimously. Mr. Smith at this time, presented to Council the cost of legislative actions in the past year. They are shown as follows: COSTS OF LEGISLATIVE ACTIONS REVENUES Personal Property - Lost Revenue $251,562 Public Service Property - Lost Revenue 54,638 Total cost Tax Revenue $306,200 Loss of General Revenue Sharing $1,500,000 Gain of Sales Tax -(1,570,000) 40% Mandate to PWC 628,000 Net Lost Other Revenues 558,000 Total Lost Revenues $864,000 Expenditures Mandated Law Enforcement Retirement 1st Year - $115,000 Total Cost to City of Legislative Actions - $979,200 Tax Rate Equivalent - 6.4¢ Mr. Smith stated that staff is struggling desperately with these figures trying to put a budget together. At this time Mayor Hurley reminded Council of the trip to Raleigh for Mayor's Day on May 28 and requested a definite answer from those planning to go. Councilmembers Ross and Jones and the Mayor responded with a yes, and Councilmembers Dawkins, Kendrick, and Pillow responded with a maybe. Mayor Hurley stated there was an opportunity to have the Council meetings taped and aired on cable T.V. under cable contract. He asked for a show of hands for us to look into this further without obligation. There were seven in favor. Mayor Hurley then stated that there was a request from Mr. Mark Lynch to reopen the closing of Beckwith Avenue because he assumed the meeting had been postponed. Council took no action. Councilmember Kendrick offered motion to cancel the information meeting next Monday and continue tonight's meeting until Tuesday, May 26, 7:00 p.m seconded by Councilmember Jones and carried unanimously. There being no further business, the meeting was adjourned at 9:30 p.m. JOINT MEETING WITH FAYETTEVILLE AIRPORT COMMISSION TUESDAY, MAY 26, 1987 FAYETTEVILLE CITY COUNCIL JOINT MEETING WITH FAYETTEVILLE AIRPORT COMMISSION GREENTREE INN RESTAURANT TUESDAY, MAY 26, 1987 5:30 P.M. PRESENT: Mayor John W. Hurley, Councilmembers J. L. Dawkins, Mildred Evans, Jimmie Jones, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick Airport Commission Members Robert Pastey, Chairman, Beth Finch, Cyrus P. Earnheart, Jr., Richard L. Fox, II, and B. F. Ward ABSENT: City Councilmembers Milo McBryde and Ida Ross Airport Commission member Dr. G. Wesley Allen 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 Services Robert C. Cogswell, Jr., City Attorney Gerald Mcphail, Assistant to the City Manager William T. Ray, Airport Manager Jenny Kuck, Assistant Airport Manager George Vaughan, Planning Director Gordon Allen Mitchell, Deputy Planning Director Members of the Press Following the Invocation by Councilmember Sam Johnson, Airport Manager Tom Ray welcomed everyone to the Joint Meeting, followed by a dinner hosted by the Fayetteville Airport Commission. He introduced Engineering Consultants Gary Varga and Gary Logston with Wilbur Smith and Associates in Columbia, South Carolina. Mr. Varga presented highlights of the master plan giving an activity summary from 1986 to 2006 and facility requirements estimated at $35.5 million in expansions and improvements. Mr. Logston displayed a color schematic composite of the master plan by five-year stages and costs including funding anticipations. He feels that the outlook is very positive. There was some discussion and questions and answers concerning a porter service and auto parking. Mr. Ray informed Council that a porter service has to be supplied by airlines and the auto parking is a priority project. Council will take action on the Airport Master Plan at the 7:00, City Council meeting this evening. The meeting was adjourned at 6:45 p.m. CONTINUATION OF REGULAR MEETING TUESDAY, MAY 26, 1987 FAYETTEVILLE CITY COUNCIL CONTINUATION OF REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, MAY 26, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, 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 Services Robert C. Cogswell, Jr., City Attorney Gerald McPhail, Assistant to the City Manager William T. Ray, Airport Manager Robert M. Bennett, City Engineer Carol M. Parker, Personnel Director Jerome Brown, Transit Director Members of Press Mayor Hurley convened the continuation of the regular meeting of May 18, 1987. 1. Presentation of the recommended budget for Fiscal Year 1987-88. Mr. Smith presented a hound copy of the proposed budget. The Downtown Tax District Fund Budget is not yet complete and a general revenue sharing budget which would be from carry-over funds is also missing from this budget and will be received at a later date. Mr. Smith again reviewed the costs of legislative actions showing a total impact of nearly $1,000,000. He also reviewed some of the items that will need to be funded through this budget year. Mr. Smith recommended a three-cent (3¢) increase to cover the debt service and an additional two-cents (2¢) to replace the tax base lost from the household property tax being eliminated. This would be a slightly lower tax being paid by household taxpayers, but a slight increase for commercial property taxpayers. Mr. Smith also gave a background on the PWC budget situation. He further stated that annexation will affect this budget in that personnel and services must be available to begin July 1 of 1988 annexations. Following some discussion, Council set Tuesday, June 2, 7:00 p.m., Sanitation/Fleet Maintenance Conference Room as the first budget workshop. Councilmember Dawkins offered motion to set Monday, June 15, as the formal public hearing for the budget, seconded by Councilmember McBryde and carried unanimously. At this time, Mr. Cogswell suggested that Council authorize staff to draft a resolution applying for exemption from mandated transfer of 40 percent of sales tax to water and waste water capital needs. Following brief discussion, Councilmember Kendrick offered motion to follow the recommendation of the City Attorney to have a draft prepared of the resolution as recommended, seconded by Councilmember Pillow and carried unanimously with all Councilmembers voting aye. Mr. Cogswell requested that his presence not be required at the budget workshops except for his department portion as in the past. Council unanimously agreed to excuse Mr. Cogswell from the budget workshops. 2. Consideration of Policy Committee report on Boards and Commissions. The City Attorney presented this item and referred to his memorandum of explanation with the attached chart showing the various Board and Commissions and their terms. Following some discussion, Councilmember McBryde offered motion to adopt the resolutions and ordinances as recommended by the City Attorney, that we do not bother the Board of Adjustment, Board of Appeals, and Historic Scenic Sites Committee, and that we limit through policy the Planning Board to one four-year term, seconded by Councilmember Jones. Mr. Cogswell then explained that the resolutions and ordinances covered the terms in this way: if someone is currently serving, when their term expires, if they have served at least two years, then that is one out of two, unless this is a second or third term. However, if someone served a full term that consists of five years, then they are entitled to one more consecutive term. Following some further discussion, Councilmember McBryde withdrew his motion and Mr. Jones withdrew his second. There was some further discussion and the City Attorney then presented a sentence that could be added to each document to cover Council's intentions: “Any appointee who shall have previously served a total of four years, whether by one or more appointments, shall not be eligible for reappointment without an intervening period of one year between appointments.” Councilmember McBryde offered motion to adopt the policy, resolutions and ordinances with the foregoing change, seconded by Councilmember Jones and carried unanimously upon an aye vote. The titles are as follows: POLICY OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CONCERNING APPOINTMENTS TO BOARDS AND COMMISSIONS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTIONS 2-37, 2-42, 4-22, AND 22-21 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE (TERMS OF BOARDS AND COMMISSIONS). ORDINANCE NUMBER S1987-22. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING A RESOLUTION AUTHORIZING AND ESTABLISHING A POLICE BENEFIT FUND. RESOLUTION NUMBER R1987-42. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING THE MANUAL OF THE FAYETTEVILLE REDEVELOPMENT COMMISSION. RESOLUTION NUMBER R1987-43. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING THE CHARTER OF THE FAYETTEVILLE HISTORIC RESOURCES COMMISSION. RESOLUTION NUMBER R1987-44. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING THE CHARTER OF THE FAYETTEVILLE REVITALIZATION COMMISSION. RESOLUTION NUMBER R1987-45. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1987, and a copy of the foregoing ordinance is on file in Ordinance Book S1987. 3. Consideration of a municipal agreement with NCDOT for the widening of Morganton Road. Mr. Smith presented this item and stated that this is a standard municipal agreement that requires adoption of a resolution. PWC will pay the City's share of the cost since this is a utilities project. Councilmember Evans offered motion to adopt the resolution and approve the agreement, seconded by Councilmember Jones and carried unanimously by all Councilmembers voting aye. A copy of the resolution is attached to the original minutes. At this time, Councilmember Evans offered motion to approve the master plan for the Airport as devised by Wilbur Smith and Associates, seconded by Councilmember Jones and carried unanimously by a voice vote. Councilmember Dawkins requested that a clarification of how the voting will be handled concerning Boards and Commissions when there are multiple nominations for one position. Mr. Cogswell responded that in case of ties, there would be a run-off. At this time Mayor Hurley asked for those Councilmembers going to Raleigh on Thursday to meet immediately after the Council meeting to make arrangements. The City Attorney gave a brief rundown on the different bills that we are interested in and their status thus far. Mayor Hurley asked for a handout of the bills with their numbers and some information for them to take with them. Mr. Cogswell responded that he would make copies of the League's bulletin that contains all of this information. Councilmember Kendrick requested that Council make personal thanks to Senator Lura Tally for her response to their letter on these two major bills. Councilmember Ross questioned the progress of prohibiting smoking in Council Chambers. Mayor Hurley responded that this is being pursued through the Policy Committee. There being no further business, the meeting was adjourned at 8:45 p.m. REGULAR MEETING MONDAY, JUNE 1, 1987 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 1, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick ABSENT: Councilmember Milo McBryde 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 Services Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Robert M. Bennett, City Engineer Ronald Hansen, Police Chief William T. Ray, Airport Manager Gordon Allen Mitchell, Deputy Director City/County Planning Department Mayor Hurley welcomed everyone and requested Mark Kendrick to offer invocation followed by the Mayor leading the Pledge of Allegiance to the Flag. Mayor Hurley stated that Councilmember McBryde was presently in the hospital. Mr. Dawkins stated that Mr. McBryde is having tests run and hopefully Bill be discharged within the next day or two and everything seemed okay. RECOGNITION: Ms. Becky Allen, Youth Council Mayor Counterpart was recognized. She summarized a proclamation thanking Fayetteville and Cumberland County for their participation in Youth Week and hopes of continuation. Mayor Hurley then recognized Ken Robinson, hired in 1983 as an archaeologist and has been working with the Planning Department. The Mayor praised Mr. Robinson for working on the history of our City and presented the Key to the City to unlock our hearts to return any time he so desires. The Mayor asked Mr. Robinson to give the humorous definition of an archaeologist and he responded that an archaeologist is “a guy whose career is in ruins.” Mr. Robinson further stated he hoped Fayetteville would continue their search for their past as well as their future. 1. Approval of Agenda Mayor Hurley stated that Item 6 and 7 has been requested to be removed from the agenda by the City Manager. Mr. Cogswell stated that Item 2G should read “authorize advertisement” instead of “approval” of granting Deed of Release. Mr. Smith stated that Item 14F nominations to fill two vacancies on the Airport Commission should show three vacancies. Also, Item 5 should be consideration of proposed land acquisition instead of bond acquisition. Councilmember Pillow offered motion to approve the agenda, remove Items 6 arid 7, and the corrections as recommended, seconded by Councilmember Jones and carried unanimously 8 to 0. At this time, Mayor Hurley acknowledged and welcomed Mr. Lynn Butler with Branch Bank and Trust Company present in the audience. Also Scout Troup 797 from Peace Presbyterian Church, Ramsey St, and Ken Miser, Scout Master were recognized in the audience. 2. Consent: Councilmember Kendrick offered motion to approve the consent agenda and adopt the resolutions, seconded by Councilmember Ross and carried unanimously 8 to 0. A. Approval of correction to minutes of March 17, 1986. The ordinance title was omitted from Item 4 and is as follows: AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL FOR TRADE STREET). ORDINANCE NUMBER NS1986-4. B. Approval of correction to minutes of August 18, 1986. The words “and adoption of the charter” were omitted from Item 2D by mistake in the motion and should be included. C. Approval of minutes of regular meeting of May 18, 1987. D. Approval of a request for a refund of City taxes to Thomas and Alice Maffey in the amount of $120.29. E. Approval of a request for a refund of City taxes to Jeffrey and Catherine Cole in the amount of $13.47. F. Approval of renewal of Interlocal Agreement between City of Fayetteville and Cumberland County Board of Education for recreational use of various school facilities. G. Authorize advertisement of granting Deed of Release for a utility easement to Church of the Nazarene at the intersection of Fort Bragg Road and Pilot Avenue. H. Adoption of Budget Ordinance Amendment 87-15. I. Award of contract for Airport construction. J. Approval of bid awards to the following: (PWC) 1. One 10,000 pound GVW truck to LaFayette Motors, the low bidder. 2. One 20,000 pound GVW truck to LaFayette Motors, the low bidder. 3. One trenching machine with trailer to Ditch Witch of North Carolina, the low bidder. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 3. Public Hearings: Consideration of an application by C. H. Phillips Investments, Inc., for a special use permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-24, Item (3) to operate a nursing home in an R6 Residential District for an area located at 2719 Providence Street. Mr. Mitchell presented this item and stated the recommendation was to approve with the inclusion of findings that the proposed use fits in with the character of the area and that it will not be detrimental to the surrounding neighborhood. There was no one to appear for or against this item. Councilmember Evans offered motion to approve with conditions and that upon findings 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 Pillow and carried unanimously 8 to 0. 4. Consideration of approval of submission of Rental Rehabilitation Program application to HUD. Mr. Herrera presented this item and stated that HUD could only allocate $30,000 to us for the entire year. His department then began communication with the North Carolina Housing Finance Agency to participate in their Rental Rehabilitation program and the results were that we have received an initial grant of $70,000 and recently became eligible for their performance award of an added $30,000. Mr. Herrera also recognized a member of his staff, Ms. Cindy Stevens, who handles and processes all of the rehabilitation cases. Mr. Herrera also referred to a letter from the North Carolina Housing Finance Agency which was a letter of praise for their work. He stated this was a little unusual in that they normally just receive letters stating that procedures were followed. Mr. Herrera further stated he feels that Ms. Stevens' hard Work was instrumental in this praise. Councilmembers applauded the Community Development's hard work and accomplishments. Councilmember Dawkins offered motion to submit the Rental Rehabilitation Application to HUD as recommended, seconded by Councilmember Jones and carried unanimously 8 to 0. 5. Consideration of proposed land acquisition and exchange of land between Franklin/Hay/Robeson Streets. The City Engineer presented this item and stated that Tract A, would be landscaped by the Revco Company and maintained by the City. He was recommending that Council authorize advertisement of this land transaction. Councilmember Kendrick offered motion to adopt a resolution to authorize advertisement, seconded by Councilmember Ross and carried unanimously 8 to 0. RESOLUTION AUTHORIZING PROPOSED LAND ACQUISITION AND EXCHANGE OF LAND BETWEEN FRANKLIN/HAY/ROBESON STREETS. RESOLUTION NUMBER R1987-47. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 6. Consideration of acceptance of that portion of Chesapeake Road extended between McArthur Road and edge of College Lakes subdivision, Plat Book 33, Page 41, Cumberland County Registry. A distance of 130 feet. 7. Consideration of setting a public hearing pursuant to petition for paving a portion of Chesapeake Road as outlined in Item No. 6 above. Suggested public hearing date is July 6, 1987. (These items were withdrawn from the agenda.) 8. Report from Policy Committee: Consideration of adoption of Manual on Uniform Traffic Control Devices and the State Supplement. This item was presented by the City Engineer, who stated that this manual on uniform traffic control devices is recognized nation-wide and is a guide for staff to go by. AN ORDINANCE OF THE CITY OF FAYETTEVILLE CREATING A NEW SECTION 20-1 (6.1) AND 20-1.1 MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES UNDER ARTICLE IV - OFFICIAL TRAFFIC CONTROL DEVICES. ORDINANCE NUMBER S1987-23. Councilmembers Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Jones and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1987. 9. Consideration of adoption of Resolution directing the Clerk to investigate a Petition for annexation received under G.S. 160A-31. (College Lakes Plaza) Mr. Smith stated that this area under consideration is contiguous to the City and located at Rosehill Road and McArthur Road to be used for a shopping center. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. (COLLEGE LAKES PLAZA) RESOLUTION NUMBER R1987-48. Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Pillow and carried 6 to 2 with Councilmembers Ross and Torrey voting no. Copy is on file in Clerk's office Book R1987. 10. Consideration of adoption of Resolution applying for exemption from mandated transfer of 40 percent of sales tax to water and wastewater capital needs. RESOLUTION (EXEMPTION FROM MANDATED TRANSFER OF 40 PERCENT (40%) SALES TAX). RESOLUTION NUMBER R1987-49. Councilmember Dawkins introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 11. Consideration of award of Audit contract for fiscal year ending June 30, 1987. Following Mr. Smith's presentation of this item, there was some discussion by Council as to the benefits of using the local firm of Haigh, Byrd and Lambert over the low bidder being located in Raleigh. Councilmember Kendrick offered motion to follow the recommendation and award the contract to Peat, Marwick, Main, and Company, seconded by Councilmember Pillow. There was some further discussion and Councilmember Johnson offered motion to stay with Haigh, Byrd, and Lambert. There was no second and the Mayor called for vote on the main motion to award the contract to Peat, Marwick, Main and Company. The motion carried 7 to 1 with Councilmember Johnson voting no. At this Mayor Hurley recognized Mr. R. B. Goforth for all of his hard work as Chairman of the Dogwood Festival for the past two years. 12. Report from Crime Stoppers' presented by R. B. Goforth. Mr. Goforth reviewed the background of the Crime Stoppers' and their purpose. He stated there was only 13 Boards in North Carolina. Mr. Goforth praised Police Lieutenant Sam Pearson for doing an outstanding job working with this project. 13. Consideration of Release of Demolition Ordinances. Mr. Cogswell presented this item and stated without the expertise in the Inspection Department for searching titles errors would occasionally be made of this nature. Mr. Cogswell referred to the affidavits from the individuals requesting the release of liens that had been sent to Council. The names and amounts are as follows: 1. Ardis D. McMillian; Lot 4, Vanstory Street - $95.00 2. Systel Business Systems Equipment; 2604 Fort Bragg Road - $51.00, plus interest-to-date 3. Fayetteville Cigar and Candy Company; Lot 5, Williams Street - $150.00 plus interest 4. Alex Arab; sign removal - $204.25 plus interest 5. Mr. and Mrs. John Boddie, 3514 Chance Street - $305.00 6. Mr. and Mrs. Woodrow Bradley; Lot corner of Commerce and Chesterfield Streets - $115.00 Councilmember Evans offered motion to follow the recommendation and approve the releases of demolition ordinances, seconded by Councilmember Kendrick and carried unanimously 8 to 0. At this time Mayor Hurley introduced Item 14 that had been sent as an addendum to the agenda. 14. Request from Ralph Richardson to be heard by Council. Mayor Hurley had received a letter from the Carolina Bible College, Mr. Ralph D. Richardson, President, requesting a waiver on the $39.00 per square foot requirement through the Planning Board in favor of a $20-$25.00 per square foot figure. Mr. Richardson stated that the new building they are planning will be a library addition to their Church and the cost would only be $20-25.00 per square foot. The City Attorney informed Council that these fees are set by ordinance and there is no provision for variance. A variance would require amending the ordinance, which is not recommended. This schedule only sets the building permit fee. Following some discussion, Councilmember Johnson offered motion to postpone this item until Mr. Cogswell can get a ruling from the League and return next Council meeting, seconded by Councilmember Jones. There was some further discussion and Mr. Cogswell requested time to make a telephone call on this matter and return to the meeting, which Council granted. Councilmember Kendrick requested a postponement on voting on Item 15 from June 15 to June 22. Council was in agreement to this postponement on voting. 15. Appointments: A. Election to fill one vacancy on Board of Appeals on Dwellings and Buildings. Upon a unanimous vote, Mr. Lynwood Ross Haith, 1819 Seabrook Road, was elected to the Board of Appeals on Dwellings and Buildings for a three-year term to May, 1990. B. Nominations to fill one vacancy on Joint Planning Board. Councilmember Ross nominated Luther C. Oliver Councilmember Kendrick nominated William A. Reaves Councilmember Pillow nominated Theodore Kenny Mayor Hurley nominated John Canady C. Nominations to fill one vacancy on Public Works Commission. Councilmember Evans nominated Mr. Ray Muench Councilmember Johnson nominated William H. Owen, III Councilmember Torrey nominated Denise Fleshia Mahone Councilmember Kendrick nominated Beatrice Matthews Mayor Hurley nominated Charles B. C. Holt D. Nominations to fill two vacancies on PWC Retirement Board. Councilmember Dawkins nominated Mr. Walker Worth for the Attorney category E. Nominations to fill four vacancies on Fayetteville Revitalization Commission. Councilmember Evans renominated William A. Pollitt Councilmember Pillow renominated Leonard N. Hedgepeth Councilmember Jones nominated Catherine Hobbs Councilmember Dawkins nominated Mrs. Kyle Fraley Councilmember Pillow nominated Ms. Helen Farrior Councilmember Evans renominated W. A. Bissette Mayor Hurley nominated General (Ret.) John M. Rose F. Nominations to fill two vacancies on Fayetteville Airport Commission. Councilmember Johnson nominated Monore Evans Councilmember Jones nominated Joel Schur Councilmember Dawkins nominated Thornton W. Rose Councilmember Evans renominated Ms. Beth Finch Councilmember Ross nominated Ms. Emaretta Felton * At this time the City Attorney returned to Council Chamber and stated that concerning Item 14, Mr. Richardson's request, the City Code is very specific about this fee schedule and the burden to determine this value is on the Inspection Department and not on the owner's evaluation. Mr. Richardson had left the Council Chamber. Councilmember Johnson withdrew his motion and the second was withdrawn. Council took no action. 16. Administrative Reports: There was some discussion by Council concerning the Lamon Street pool, no action was taken. Mrs. Ross then recognized Mr. Purdie present in the audience and asked the City Manager to report on the progress of his situation as discussed at the last regular meeting. Mr. Smith responded that he had been discussing this with Mr. Purdie. He stated that Mrs. Bundy, with the Engineering Department, will be contacting Mr. Purdie very soon on some additional pieces of property the City has acquired for them to consider. However, in terms of the permit, a building permit cannot be issued for the lot in question. Following some lengthy discussion, Councilmember Ross offered motion for City Administration to continue to pursue a permanent location for the Purdie's home, seconded by Councilmember Jones and carried unanimously 8 to 0 by a voice vote. At this time Mayor Hurley displayed a Piedmont Airlines' PACE Magazine Exclusive, Fayetteville Area Report. This features the Fayetteville Airport and the magazine will be taken to London by Piedmont Airlines Company. Mayor Hurley reminded Council of the Budget Workshop tomorrow night at 7:00 p.m. at the Sanitation/Fleet Maintenance Conference Room. There being no further business, the meeting was adjourned at 9:10 p.m. SPECIAL MEETING TUESDAY, JUNE 2, 1987 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING SANITATION/FLEET MAINTENANCE CONFERENCE ROOM TUESDAY, JUNE 2, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick OTHERS PRESENT: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Staff Services Gerald McPhail, Assistant to the City Manager ABSENT: Councilmember Milo McBryde Mayor Hurley called the meeting to order at 7:00 p.m. and offered the Invocation. City Manager John Smith then presented information on the 1987-88 Recommended Budget. His presentation included a comparison of the Approved 1986-87 Budget with the 1987-88 Recommended Budget and an analysis of changes in the two Budgets. There was discussion of the proposed Capital Budget and a review of General fund departments budgets. Upon motion by Councilmember Pillow, seconded by Councilmember Dawkins, Council voted unanimously to continue the special meeting until Tuesday, June 9, 1987, 7:00 p.m., in the Sanitation/Fleet Maintenance Conference Room. CONTINUATION OF SPECIAL MEETING TUESDAY, JUNE 9, 1987 FAYETTEVILLE CITY COUNCIL CONTINUATION OF SPECIAL MEETING SANITATION/FLEET MAINTENANCE CONFERENCE ROOM TUESDAY, JUNE 9, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick OTHERS PRESENT: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Staff Services Robert C. Cogswell, City Attorney Gerald McPhail, Assistant to the City Manager Mayor Hurley called the meeting to order and Councilmember Dawkins offered the Invocation. City Manager Smith presented information on the reconstruction of Old Street and replacement of the Ray Avenue Bridge as requested by Councilmember Johnson. The City Manager also discussed his recommendation of $470,000 to be placed in the Capital Projects Ordinance for Parks Improvements with the priorities for those funds to be recommended by the Parks and Recreation Advisory Commission. Council discussed requests for funding from outside organizations. They suggested that funding for the Olde Fayetteville Association request should come from the Special Tax District and funding for Crime Stoppers' from the Police Department's Budget. Upon motion by Councilmember McBryde, seconded by Councilmember Torrey, the Council voted unanimously to allocate $150,000 for outside agencies and to authorize the City Manager to allocate these funds among the agencies. The City Manager then reviewed the budgets of the Airport, Transit System, Special Tax District and Revenue Sharing Fund. Mayor Hurley discussed the Bicentennial Committee and Restoration of the Market House which would require an appropriation from the City of approximately $100,000 for the next two years. City Manager Smith proposed use of funds in the Market Square Capital Project Ordinance for this activity. The Mayor also suggested pursuing a joint venture with the First Presbyterian Church for parking downtown and a proposed trolley from the Market House to Cross Creek Mall. There being no further business, the meeting was adjourned at 8:50 p.m. REGULAR MEETING MONDAY, JUNE 15, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 15, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McByde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, and Samuel Johnson ABSENT: Councilmember Mark Kendrick - 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 Staff Services Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Robert M. Bennett, City Engineer William F. Epps, Finance Director Ronald E. Hansen, Chief of Police Frank Simpson, Superintendent of Inspections Walter Haire, Chief Housing Inspector Jenny Kuck, Assistant Airport Manager George Vaughan, Joint Planning Director Members of the Press Mayor Hurley called the meeting to order at 7:00 p.m. Following the Invocation by Reverend Fred Coburn, Associate Pastor of Church of Nazarene, Fort Bragg Road, Mayor Hurley led the Pledge of Allegiance to the Flag. Mayor Hurley then recognized Thang Vuong and presented him with a certificate for his TaeKwondo achievements and contribution as Fayetteville's representative at the U.S. Olympics. He is a 16-year-old eleventh grade student and Lieutenant Colonel in Army ROTC. Mr. Vuong placed third in Fin Weight Division, 13th Adult National Championship in Aneheim, California in April, 1987. He will participate in the U.S. Olympic Festival in Raleigh, North Carolina in July of 1987 representing Fayetteville. Paul Le also received a certificate for his TaeKwondo efforts. He is an eighteen-year-old twelfth grade student and a many times over gold medalist winner on the Junior Olympic Team. He will leave North Carolina for the official training center, in Colorado Springs, Colorado June 20, for six weeks of training. In August, Paul will compete in Pam Am games in Indianapolis, Indiana. And in October 1987 Paul will compete in the 8th World TaeKwondo Championship in Barcelona, Spain. Paul's participation in the United States Olympics games is the first for the state of North Carolina. He is coached and instructed by Mrs. Myong Mayes, Highest Ranking Female Black Belt in the United States. Mayor Hurley also recognized Paul's father, Dr. Le, in the audience. At this time, Mayor Hurley stated that the City Attorney had requested executive session for litigation at the end of the meeting. Mayor Hurley stated that Councilmember Kendrick has an excused absence and is out of town. 1. Approval of agenda Councilmember McBryde offered motion, seconded by Councilmember Dawkins to approve the agenda and add executive session, carried unanimously 8 to 0 by a voice vote. Councilmember McBryde offered motion, seconded by Councilmember Jones to approve the consent items and adopt the resolution, carried unanimously 8 to 0. 2. Consent: A. Approval of minutes of Public Hearing on Prince Charles Hotel project held on May 5, 1987. B. Approval of minutes of Joint Meeting with Airport Commission held on May 26, 1987. C. Approval of minutes of May 18 Continued Meeting which was held on May 26, 1987. D. Approval of minutes of regular meeting of June 1, 1987. E. Approval of minutes of special meeting of June 2, 1987. F. Approval of minutes of special meeting of June 9, 1987. G. Re-adoption of resolution authorizing application of a Highway safety Project Grant to provide for Highway Safety Research Center's vehicle accident records. (Rescinds R1987-36) AUTHORIZE CITY MANAGER TO APPLY FOR HIGHWAY SAFETY PROJECT GRANT (MERGE). RESOLUTION NUMBER R1987-50. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. H. Approval of bid award for purchase of nine 25.8kv, 1200 Amp Vacuum Circuit Breakerr to Westinghouse Electric Supply Company. (PWC) I. Approval of bid award for purchase of Tractor-Backhoe Loader to Jackson Equipment Company. (PWC) J. Adoption of Capital Project Ordinance Amendment Change 87-19 to CAP-7. (Transferring previously appropriated funds to Capital Project Ordinance.) Mayor Hurley then reviewed the policy on public hearings which is 15 minutes for pros and 15 minutes for cons. He stated that the majority of Council had requested that presentations by the outside agents be limited to five minutes each. 3. Public Hearings A. Consideration of adoption of a resolution to construct a drainage system between Murchison Road and Cross Creek opposite Brunner Street intersection. Mr. Bennett presented this item and stated that the property owner on the north side has granted the necessary easement and the property owner on the other side is now in agreement and has granted easement. The resolution would assess each property owner one-fourth of the cost. This public hearing has been advertised and both property owners have been notified of this public hearing. There were none present to speak for or against this matter. FINAL RESOLUTION ORDERING THE CONSTRUCTION OF A STORM SEWER AND DRAINAGE SYSTEM BETWEEN MURCHISON ROAD AND CROSS CREEK. RESOLUTION NUMBER R1987-51. Councilmember Evans offered motion to adopt the foregoing resolution, seconded by Councilmember Ross and carried unanimously, 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. B. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, “Zoning,” Article VIII, Section 32-39 addressing sign regulations in the City of Fayetteville and Section 32-65 addressing the penalties for sign and zoning violations within the City limits. Mr. Cogswell stated that he has some concerns about banning proposed signs as deferred to on page 8 of the ordinance. This needs to be checked into to make certain we would not be in violation of the Supreme Court's ruling and he recommended Council hold the public hearing on this matter and consider all other aspects of the ordinance but not adopt the Section J of Section 32-59.2 tonight. Mr. Vaughan showed slides of Signs already being regulated. This ordinance just places many of the sections into the zoning ordinance from the advertising code. He also showed slides of most of the portable signs. Mr. Vaughan further stated that the sign regulations at this time do not develop specific regulations for commercial and industrial zoning districts. The Blue Ribbon Study Committee felt it was appropriate to wait until the work was begun on a unified City/County zoning ordinance so that the sign regulations would be uniform. Mayor Hurley opened the Public Hearing at this time and asked if anyone in the audience would like to speak in favor of the proposed sign ordinance. He then recognized Mr. Al McKenzie who is the Chairman of the Blue Ribbon Sign Study Commission. Mr. McKenzie stated that he is a resident of the City of Fayetteville and is appearing on behalf of the Blue Ribbon Sign Commission. Mr. McKenzie read the list of members and introduced the Board members present. He said, “As you can tell that's a pretty representative group of public, private, City Inspector's Office, and sign industries represented here, as you can tell, speaking in favor of the adoption of the proposed revisions to the Sign Ordinance before you this evening. It is my believe that the proposal before you this evening is far from being anti-sign. It is a reasonable and rational approach to regulating signs for the well being of all our community. We propose these changes to you this evening and would like to point out two points that were clear in our deliberations throughout the process. The first one being that an effort was made to remove from the advertising codes those sign issues which we believe should be more properly regulated by the zoning codes. And secondly, while our mandate was for the City Council throughout the Lengthy deliberations we felt a compelling need to move toward a more consistent between the City Ordinances, and the County Ordinances, and I think that is fair throughout the document that you have before you. It also deals with those general provisions on signs that are allowed and those which are prohibited regardless of the zones. It was pointed out before by Mr. Vaughan, we see that this is a step in the direction toward zoning and regulating signs by the zones and we hope to reach that point sometime in the future. “A word about the City Attorney's involvement. He's been working with us through the deliberations of the Sign Committee, working back and forth giving us feedback and working very closely with us. And while I'm sorry to hear this evening there's some questions remaining about the portable signs, let me say that the representatives of the industry who work with us very closely took very careful pains to point out the sign industrial is moving toward a direction where changeable copy signs are permitted and incorporated into the marquise of most businesses. A case in example might be the Golden Corral where you have the logo in big letters up to and then down somewhat from the main logo is a space form some changeable copy. This provides the business entity an opportunity to change their information and their advertising to the community. We feel this is quite acceptable and a more rational way of approaching changeable copy signs than the traditional roll-out temporary signs that we see so frequently through the City.” Mr. Swayne Hamlet was recognized in favor and he stated that, “As a Real Estate Broker and as an Appraiser, I appreciate very much the comments that Sam made regarding the little foot-catchers and things at the corners. However, that they are illegal, you won't see any of my signs there. But unfortunately there are a number of folks who ...I think it is interesting you see these little pop-up signs at open houses, they don't only put it on the grass, but put it right in the middle of the sidewalk. I've observed some of Westmont over the weekend. And it does have to be a policing action. Sometime maybe if a big trailer went around and jerked them all up and didn't let them have it back and it would hit their pocketbook, they might think about it. You might think that's strange as a Realtor talking about Real Estate signs but we do have a problem. I was very vocal about the section that addresses temporary real estate signs. It bothers me when a Broker will put a number of signs on a short piece of property rather than one sign that is more than necessary. I say that if a Broker does his job properly he doesn't need to put signs all over town. He's going to take people to the property, expose it and use proper advertising. “I'm sorry that we've had some little buffs on that, but I happen to manage a shopping center locally and I really want to help all the people within the center do all they can. And one reason is they rented a portable from a gentleman who's here tonight, and when they delivered this they simply didn't take any bind or card. They broke up my shrubbery, they broke up my situation out there in the front, they drove their truck upon my grass and we spent a lot of in trying to manicure. It bothers me - it really does - the manner in which it is put out. I'm not saying they all do that, but I think the thing that we've wrestled with..with sign people on our Committee has been very fair. Again, I speak very strongly about my fellow Brokers and I hope that they will clean up their act about signs on all corners. They are already illegal unless they are on City right-of-ways.” Wanda Jones, Coordinator for the Cumberland County Clean Communities Committee was recognized and stated, “I would like to speak for the Committee in favor of adopting the sign ordinance. We feel like the signs are a form of blight, and to put it simply, are as unsightly as litter.” There being none further to speak in favor, Mayor Hurley asked for those opposed that wanted to speak. Mr. R. B. Stone was recognized and stated, “I don't know if I'm really in opposition Mr. Mayor. I believe that we do have I've written you a letter on this and I do believe that we have some of these portable signs out there that are in a bad state of repair. Sometimes the vandals come along and make obscene messages out of the letters that are available. And the owner of the business may take a week to correct it which means they are not paying attention to their own business. We have put up signs for customers. We're not in this thing in a big way on the portable signs. I don't think I've ever had over 15 up at one time anyway. But we just took one down for the Cancer Society and I think that there is a need for these things. They have no place to display a sign for a temporary use unless they get somebody's permission to put up a portable sign and display that information. We tried to display it back off. ... we were at Stamper Road and Bragg Boulevard, and we displayed it back away from the right-of-way so it wouldn't block the view of traffic. This is a big problem. I really get disgusted myself when I'm trying to get in or out of an intersection or out of a parking lot and these signs are displayed improperly. When I see the signs that are dilapidated, nothing on them or part of the letters on, part off, it is an eyesore and I can see why people would be opposed to these things. But I think just because some of them are wrong, I think we're wrong to go and outlaw the whole thing. “I feel that after looking this thing over, it is a little bit ridiculous for the City to expect me to pay if, let's say, I rent a sign out 52 times this year. Once a week to some temporary use. And the City asks me to pay a building permit every time. And I'm going to stand here right now and tell you to your face, I don't pay a building permit unless you ask me to, unless you catch me. I'm just like most of the other sign companies. In the first place, it gets to be quite a burden financially. Either I pay it or the customer pays it. In the long run, if I have to pay it I've got to make the customer pay it, which is the business people that you're trying to get to pay taxes in this community. I would much prefer to have a licensing basis on these portable signs. I would agree to a reasonable fee, $25 - $30 a year or something for that sign and you give me a sticker to put on it. If that sticker isn't on it that sign gets taken up or whatever you call it, impounded or whatever you want to do with it, sell it at auction do whatever you want to do with it. And on general permits for signs, another thought that's been running through my mind, the sign is eventually being used by the business people. It's not being used for me. I'm not going out and putting up a sign just to irritate you or anybody else. I'm putting up a sign because the customer wants it. That businessman is putting up a sign to try to make a living. To try to make a profit which is what you're in business for. But at the same time, he is the end-user of that sign. I think the person for the Building Inspectors or Sign Inspectors to get ahold of is, if I'm in business and I want to put a sign up, I should be required to get the permit, not the sign company. Why should the sign company have to go and explain the City and County sign ordinances every time we have a customer. The customer wants this, the customer wants that. Mr. McBryde, if you want the sign let's say you weren't a member of the Council. As it is you look to the sign company to interrupt to you what the sign laws are. Half the time we don't know because you all change them once in a while you know. So I think the person that should get the permit is the person that's going to use the sign. Then if the City or County tells Mr. McBryde this is the kind of a sign you can have, then he can tell us this is the sign I want. “On the portable signs, if you required me to buy a building or a sign license for every portable sign that I own, fine I'll put a sticker or your little plate or whatever it is on it. If that plate is not on there you impound it, you have the sign taken off or whatever. We've had the case where a customer rents a sign. He says I want it put right here. I says no I can't put it there because that is dangerous, people can't see. It is blocking the view of traffic. He says okay put it over there where you want to. I put it over there, two days later I drive by and he has moved the sign. I haven't done it but once, but in one case I finally got mad myself, I called for the trailer we picked the sign up and took it back to the shop. Then he's still arguing about not getting his money back. I think we have uses for these portable signs. I think let's.... if you had wanted to adopt a temporary rule and set a 30, 60, or 90-day limit on it, require that the signs be kept in good shape, put a license tag on the sign. And in all cases let's require the business person or the professional operation themselves to get the permit and then we will be happy to conform to those rules that you tell them that they have to meet.” There being no one else to speak for or against the Mayor declared the public hearing ended with the exception section dealing with portable signs. Councilmember Evans offered motion to adopt the amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, “Zoning,” Article VIII, Section 32-59 addressing sign regulations in the City of Fayetteville and Section 32-65 addressing the penalties for sign and zoning violations within the City limits omitting 32-59.2(J) for continuance, seconded by Councilmember Ross. The City Attorney referred to page 2 of the Ordinance Item F and suggested that the motion should include Sections 32-59.1, 32-59.2, 32-60.1, and 32-71. Councilmember Evans amended her motion to include the sections as recommended by City Attorney. There was some discussion by Councilmember Jones concerning the possible danger of enforcement to the building inspectors. Mayor Hurley also suggested that the length of time be shortened for the use of spotlights into the sky, at a later date. Mayor Hurley called for a vote on the motion and it carried unanimously 8 to 0. The ordinance title is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, “ZONING,” ARTICLE VIII, “DISTRICT SIGN REGULATIONS” OF THE CITY CODE OF THE CITY OF FAYETTEVILLE. ORDINANCE NUMBER R1987-54. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1987. C. Public Hearing for 1987-88 Fiscal Year Recommended Budget and Recommended Appropriations for General Revenue Sharing. Mayor Hurley recognized Bobby Suggs, President, Olde Fayetteville Association, who introduced Stacey Weaver, Past-President. Mr. Weaver reviewed the present and future plans and projects that the Association is undertaking and their request is based on a $100,000 budget. Mr. Weaver stated that they are asking $25,000 from the City and $25,000 from the County to assist in these plans. They want to hire a Director of Development patterned after Wilmington, North Carolina. This will be an expert to tell the story for Fayetteville and sell the downtown Fayetteville area. Wilmington had a very successful project which rendered approximately 62 percent increase in the tax base. Mrs. Naomie Ellison, Chairman of the Cumberland County Clean Communities Committee appeared and asked those members present to stand and be recognized and there were approximately ten present. Mrs. Ellison stated that this Committee fights environmental litter and their work is vital to the travel and tourist, revitalization, economic development, and the development of parks and recreation. She concluded by requesting that Council give their upcoming budget utmost consideration. Mayor Hurley then recognized Andy McCall, Past-President of Fayetteville Business and Professional League. He reviewed their accomplishments and plans. They assist in development of small and minority businesses. Mr. McCall asked Council to reconsider their request for approximately $30,000 so that they can continue helping these small businesses, which in turn will increase the tax base. Mr. Walter Moorman, representing the Salvation Army Advisory Board appeared requesting assistance in operating the emergency shelter. He stated that the salvation Army had been operating this emergency shelter since December 1984. The monies they use other than other sources comes from their operating budget and currently arc operating at a deficit of $17,000. Mr. Moorman stated that they are asking for $10,000 to operate a program that costs $81,000, to remove a problem from the downtown area. Mr. Ernest McNeill, representing Orange Street School Restoration Association appeared stating that this is the third oldest building in Fayetteville. They hope to have restoration begin by mid-July. Mr. McNeill stated that they are requesting $20,000 to continue this project. Appearing for the Fayetteville Symphony Orchestra was Mr. Hank Avants. They are celebrating their 30th anniversary. Mr. Avants stated that they are requesting a small amount of monetary support from Council in order to assist in for symphonies, their trips to the high schools and their scholarships. Mrs. Stuart Kerr, Revitalization Commission member, appeared on behalf of the Historic Resources Commission stating in order for them to operate they do need funding. Mr. John Malzone, Vice-Chairman of the Historic Resources Commission, appeared before Council requesting $6,500 to continue operation of this Commission that is so vital to the downtown area. Mr. Malzone also requested that Council please notice how developers are cutting down some very large old trees in the Haymount area that cannot be replaced. Mr. Robinson, Chairman of Historic Resources Commission, echoed the previous request and made reference to Mr. Frank Brown's written feelings, since he was unable to be at the meeting tonight. Mr. Wilson stated that this funding was to cover mainly postage and notices to the people letting them know of their intentions. Mr. Otto Rogers, President-elect of Fayetteville Museum of Art, appeared requesting funding that is crucial to the operation of the Museum. He reviewed all of the free services and the tree park at the Museum. Mr. Rogers then introduced Barbara Hayward, Executive Director. Ms. Hayward stated that their 1981-82 budget was $62,73.1, their 1987-88 budget will be $208,200, which is an increase of 231 percent. She stated that the costs of their operation has gone up. However the City's allocation has remained the same. Ms. Hayward made reference to the coverage by the PACE Magazine of Piedmont Airlines and stressed the importance of Council's support. There being no further requests for recognition, Mayor Hurley closed the public hearing. Council will take action at the next regular meeting. 4. Planning Board Matters: A. Consideration of the rezoning from P2 Professional District to C(1)P Shopping Center District Center District or to a more restrictive zoning classification for an area located on both sides of the intersection of Metromedical Drive and Village Drive, east of Owen Drive. Case P87-65 George Vaughan presented this item and reminded Council of the policy not to put these matters under consent when there is a different recommendation by the Planning staff as that of the Planning Board, but to consider then on an individual basic. Councilmember McBryde offered motion to follow the recommendation of the Planning Board and re-zone from P2 to C1P, seconded by Councilmember Jones. Councilmember Pillow made note of the Planning Board's vote not being unanimous but by passing with a 7 to 3 vote. Mayor Hurley called for a vote on the motion and it was a tie vote with Councilmembers Dawkins, McBryde, Jones, and Ross voting for and Councilmembers Evans, Torrey, Pillow, and Johnson voting against. Mayor Hurley, having to break the tie, voted in favor. This constitutes a first reading. 5. PWC Matters: Consideration of sale of land in Southeast Fayetteville Industrial Park to PWC. This item was presented by Richard Herrera, Executive Director, Fayetteville Redevelopment Commission. He stated that Public Works Commission has made an offer to purchase an area of 32.5 acres, connected to the property they have already purchased, for he appraised price of $231,350. Mr. Herrera farther noted that this would complete the land sale of property owned by the City in the Industrial Park. Following some brief discussion, Councilmember Evans offered motion to approve the sale of the land in Southeast Fayetteville Industrial Park to PWC in the amount of $231,350, seconded by Councilmember Ross and carried unanimously 8 to 0. B. Consideration of a resolution authorizing condemnation to acquire certain property for sanitary sewer and electric purposes. Mr. Tim Wood presented this item and stated that this is part of PWC'S long range plan in conjunction with the City's long range annexation goals to be sure we have plenty of water and sewer available to that already busy intersection. He stated that we have been unable to arrive at an agreed on price following an appraisal of the property easements that are needed. The Averitt property offer was $2,810 and the counter-offer was $5,620. The Collins property was $670 and the counter-offer was $3000. Therefore, he is requesting authorization to proceed with condemnation on these two parcels. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF WALTER R. AVERITT AND WIFE, ELINOR A. AVERITT. RESOLUTION NUMBER R1987-52. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF ROY W. COLLINS AND WIFE, PATTI H. COLLINS. RESOLUTION NUMBER R1987-53. Councilmember McBryde introduced the foregoing resolutions and offered motion to adopt the foregoing resolutions, seconded by Councilmember Jones, and carried unanimously 8 to 0. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1987. 6. Consideration of bids for sidewalk construction at various locations. Mr. Bennett presented this item and stated sometime ago Council approved construction of sidewalks at a number of locations, however, there are nine locations that are now ready for construction. In audition to the sidewalks, the Council approved the construction of eight bus stop pads which have been included as a part of this contract. (A copy of this list of sidewalks and bus stop pads are attached to the original minutes.) Mr. Bennett is recommending award to Cobb Paving Company, Inc. in the amount of $100,731.50. Councilmember Dawkins offered motion to follow the recommendation and award the contract to Cobb Paving Company in the amount of $100,731.50, seconded by Councilmember Jones and carried unanimously 8 to 0. 7. Consideration of Resolution Fixing Date of Public Hearing on Question of annexation Pursuant to G. S. 160A-31, as amended (College Lakes Plaza). (Suggested Public Hearing date is July 6, 1987. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION NUMBER R1987-54. Councilmember Evans 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 R1987. 8. Consideration of repeal of various sections of Chapter 3, “Advertising,” of the Fayetteville City Code. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REPEALING VARIOUS SECTIONS OF CHAPTER 3, “ADVERTISING,” OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE S1987-2. Councilmember Jones introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Torrey and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1987. 9. Appointments: Councilmember McBryde stated that he appreciated the opportunity to make some nominations at this meeting, since he was not at the last meeting, however he had no nominations to make. There were no further nominations from other councilmembers. A. Nominations to fill one vacancy on Joint Planning Board. Councilmember Ross requested to remove her nominee, Luther C. Oliver. B. Nominations to fill one vacancy on Public Works Commission: C. Nominations to fill two Vacancies on PWC Retirement Board (Continued). D. Nominations to fill four vacancies on Fayetteville Revitalization Commission. E. Nominations to fill three vacancies on Fayetteville Airport Commission. Administrative Reports: 10. Report of taxes collected for the month of May, 1987, from the Cumberland County Tax Collector. The taxes collected for May 1987 from the Cumberland County Tax Collector report was submitted. Mayor Hurley reminded Council of the Olde Fayetteville Association's annual meeting tomorrow night. Motion was made and seconded to go into executive session at 9:06 p.m. for litigation. Council re-convened into regular session at 9:31 p.m. The City Attorney was recognized and requested council authorize him to represent the City's interest in the case set before the zoning Board of adjustment next week concerning the fence on Bragg Boulevard on the property owned by Mark Lynch. Councilmember Johnson offered motion to authorize Mr. Cogsell to represent the City in the Board of Adjustment case as requested, seconded by Councilmember Pillow and carried unanimously 8 to 0. There being no further business the meeting was adjourned at 9:35 p.m. REGULAR INFORMATION MEETING MONDAY, JUNE 22, 1987 FAYETTEVILLE CITY COUNCIL REGULAR INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 22, 1987 7:00 P.M. Present: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, 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 Services Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Frank Simpson, Inspections Superintendent George Vaughan, Joint Planning Director Members of the Press Mayor Hurley called the meeting to order. Councilmember Dawkins offered an invocation followed with the Mayor leading the Pledge of Allegiance to the Flag. Mayor Hurley acknowledged Monroe and Mildred Evans' 50th Wedding Anniversary two days ago. Their children gave them a party in New York to celebrate. 1. Approval of Agenda Councilmember Torrey offered notion, seconded by Councilmember Jones to approve the agenda. Councilmember Kendrick requested that Item 6 be pulled. Mr. Tyson is unable to be present at tonight's meeting. The vote was unanimous to approve the agenda. 2. Public Hearing: A. Consideration of adoption of an Ordinance creating a new Section 32-59.2(J) prohibiting portable signs in the City of Fayetteville. The City Attorney stated that after studying cases on signs, he feels we cannot totally prohibit these signs. One alternative would be to make them permanent signs. He also wanted everyone to understand that the amortization paragraph applies to portable signs, too. Adoption of the ordinance presented to the meeting tonight would mean no more could be placed. Mr. Cogswell recommended that the words “or attached temporarily or permanently to the ground” be deleted from the ordinance submitted to Council in their agenda packet. Mr. George Vaughan was recognized and presented the map showing the increase in portable signs. He stated that a survey was done in August of 1986 showing 233 portable signs at that time. A resurvey was done last week and showed an increase to 260 portable signs in that time span. Mr. Frank Simpson was recognized and stated that the enforcement of this sign ordinance is very difficult. Unless an inspector passes by or a complaint is received, they are not aware of any violations. He stated that the Inspection Department had issued only twelve permits for portable signs in the past five years. The new ordinance would put some teeth into these signs, however, with the present inspections staff it will be hard to enforce. There was some discussion concerning stickers, or labels, or markings being placed upon the signs for identification purposes and different methods of enforcement of the ordinance. At this time Mayor Hurley opened the public hearing and recognized Naomi Ellison, Cumberland County Clean Communities Committee representative on the Appearance Committee, to speak in favor of this ordinance for both commissions. She stated that they are in favor of banning the roll-out signs to the fullest extent allowed by law for several reasons. They are unsafe and the number of signs make it impossible to identify the business many times. Also, aesthetically, they are a blight on the landscape. Mrs. Ellison further stated that allowing these portable signs undoes everything that the professionals that their commissions hire has tried to do. The Mayor then recognized John Malzone, City resident and business man, who urged Council to let this ordinance be a first step in saying that we do care about the way our city looks. He stated that these roll-out signs are offensive to him personally. Mr. Milt Wofford, member of the Cumberland County Clean Communities Committee, was recognized in favor and suggested that the signs be registered for a fee, then a permanent sticker be attached to the sign, and the owners are instructed that they have three years to use these signs until they are made permanent. Also recognized in favor was Mr. Al McKenzie, Chairman of the Blue Ribbon Sign Committee, who stated they look forward to a much more pleasant and attractive City of Fayetteville following the adoption of this ordinance. Mayor Hurley then asked if there was anyone else to speak in favor of this ordinance. Seeing none, he then asked if anyone wished to speak in opposition. No one appeared in opposition. The public hearing was closed. Councilmember Dawkins offered motion to adopt the ordinance creating Section 32-59.2(J) as amended, seconded by Councilmember Pillow and carried unanimously. The ordinance title is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING A NEW SECTION 32-59.2(J), “PORTABLE SIGNS,” OF THE CODE OF ORDINANCES OF THE CITE OF FAYETTEVILLE. ORDINANCE NUMBER S1987-26. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1987. Mayor Hurley thanked the Blue Ribbon Sign Committee members for all their hard work and many hours over the past two years on this problem with the roll-out signs. He also thanked Mr. George Vaughan and the Planning Department for their volunteered hours. The City Attorney stated that he would look into the suggestions that had been made for legality and a possible ordinance amendment. Mayor Hurley then got permission from Council to move Item 9 up to this time due to the co-chairman of the Fayetteville/Cumberland County Committee for Constitutional Bicentennial, Rosalie Kelly, having another important commitment. 9. Consideration of the following contractual agreements: A. Contract between John Carroll Cavanagh, Ph.D., and the City of Fayetteville for historical research into the Constitutional Convention and State Legislative Assembly meetings held in Fayetteville in 1789. B. Contract between Ed Turberg and the City of Fayetteville for interior historic paint research on the Market House. Mrs. Kelly stated that Council had previously approved $15,000 to initiate the Constitutional Bicentennial Project and she is requesting their approval for the contract with Mr. Cavanagh and the City of Fayetteville for historical research into this project in the amount of $14,000 and approve the contract with Ed Turberg in the amount of $1,000 for the paint research on the Market House. Councilmember McBryde offered motion to award the contracts for Items 9A add 9B as recommended, seconded by Councilmember Kendrick and carried unanimously. 3. Consideration of the rezoning from P2 Professional District to C(1)P Shopping Center District or to a more restrictive zoning classification for an area located on both sides of the intersection of Metromedical Drive and Village Drive, east of Owen Drive. (Second Reading) Councilmember McBryde offered motion to follow the recommendation of the Planning Board and adopt the second reading to rezone from P2 to C(1)P shopping center, seconded by Councilmember Ross. Councilmember McBryde stated that basically this area is commercial anyway and he does not see how this can harm anyone in this area. Mr. Kendrick stated that he felt the importance of P2 in a commercial area to keep commercial away from the residential area was essential. He also stated that we have denied 401 Bypass rezoning for this reason. Following some further discussion Mayor Hurley called for a vote and the motion carried 8 to 1 with Councilmember Kendrick voting no. 4. Consideration of approval of correction to minutes of June 1, 1987, Regular Meeting of City Council. Councilmember Evans offered motion, seconded by Councilmember Jones to approve the correction of Item 15F, June 1, 1987, Regular Meeting Minutes, page 349, to show three vacancies instead of two on the Airport Commission, seconded by Councilmember Jones and carried unanimously. 5. Appointments: At this time, Councilmember Dawkins requested that the names of those who are not elected to the various boards and commissions tonight be placed on file for future consideration because of their willingness to volunteer their time. Mayor Hurley then stated if there is a tie on the first voting, then he will request a second reading to see if he still needs to break a tie. Following some lengthy discussion concerning voting and run-offs, it was the consensus of councilmembers to have a run-off of the top two vote-getters. A. Election of nominee to fill one vacancy on Joint Planning Board. A show of hands revealed Mr. William A. Reaves receiving two votes, Mr Theodore Kinney receiving six votes and Mr. Canady receiving one vote; Therefore, Mr. Theodore Kinney was elected to serve a four-year term to June 1991 on the Joint Planning Board. B. Election of nominee to fill one vacancy on Public Works Commission. The nominations for the one vacancy were Ray Muench, William H. Owen, III, Denise Felicia Mahone, Beatrice Matthews and Charles B.C. Holt. There was a three-way-tie between Mr. Muench, Mr. Owen and Mrs. Mahone. A second vote revealed another three-way-tie, therefore Mayor Hurley voted to break the tie, in favor of Mr. Owen. There was a run-off between Mr. Muench and Mrs. Mahone, which revealed four votes for Mr. Muench and five for Mrs. Mahone. A final vote showed Mr. Owen receiving seven votes and Mrs. Mahone receiving two votes. Mr. Owen will serve a four-year term on PWC to dune 1991. Mr. Owen was present and recognized. C. Election of nominees to fill four vacancies on Fayetteville Revitalization Commission. The following is a list of nominees for the four vacancies: William A. Pollitt, Leonard N. Hedgepeth, Catherine Hobbs, Kyle Fraley, Helen Farrior, W. A. Bissette, and General (Ret.) John M. Rose. At this time John Smith notified Council of a telephone call from the Chairman of the Commission, stating that there was a resignation of a member on this' board (Sandy Simpler). Following some discussion, Council agreed to vote for four and then have a vote of the remaining names to fill the unexpired term of the fifth vacancy. At this time, the City Attorney stated that General Rose had been living in the county and because there was a policy that all board members must live inside the City limits, he placed a call to General Rose to determine his residence. Mr. Cogswell was advised that his residence in the county had not been terminated, however, he had established residence on Summit Avenue, inside Fayetteville City limits, and would be registering to vote in the City tomorrow. Following Council's discussion on this, it was determined that as of July 1, any elected board member that did not live within the City limits would have to resign. The voting tally was as follows: Mr. Pollitt - 5, Mr. Hedgepeth - 9, Mrs. Hobbs - 1, Mrs. Fraley - 4, Mrs. Farrior - 3, Mr. Bissette - 7, Mr. Rose - 4. The Chair declared that Mr. Pollitt, Mr. Hedgepeth and Mr. Bissette had been elected. He then called for a vote between the four remaining nominees and Council should vote for only one. The voting was as follows: Mrs. Hobbs - 0, Mrs. Fraley - 2, Mrs. Farrior - 3, General Rose - 5. This equaled ten total votes constituting one too many votes being made. There was some discussion, and due to confusion on the voting, the Chair called for a second voting on these four nominees. This voting showed Mrs. Hobbs - 0, Mrs. Fraley - 1, Mrs. Farrior - 3, and General Rose - 5. The Chair declared General Rose elected for the Fourth seat. The Chair then called for a vote to fill the unexpired term (Sandy Simpler) between the nominations Mrs. Hobbs, Mrs. Fraley and Mrs. Farrior. The voting was as follows: Mrs. Hobbs - 0, Mrs. Fraley - 5, and Mrs. Farrior - 4. The Chair declared Mrs. Fraley as filling the unexpired term (Sandy Simpler to June 1988). D. Election of nominees to fill three vacancies on Fayetteville Airport Commission. The nominees to fill the three vacancies are Monore Evans, Joel Schur, Thorton W. Rose, Beth Finch, and Emaretta Felton. The Chair reminded Council they had three votes each. The voting was as follows: Mr. Evans - 8, Mr. Schur - 2, Mr. Rose - 4, Mrs. Finch - 7, Mrs. Felton 3. The Chair declared Mr. Evans and Mrs. Finch elected to two of the three positions. He then called for a vote between Mr. Schur, Mr. Rose, and Mrs. Felton. The voting was as follows: Mr. Schur - 3, Mr. Rose - 4, Mrs. Felton - 4. This equaled ten votes, therefore the Mayor again called for a re-vote. The voting was as follows: Mr. Schur - 2, Mr. Rose - 4, Mrs. Felton - 3. This created a run-off between Mr. Rose and Mrs. Felton. The vote was 6 votes for Mr. Rose, therefore the Chair declared Mr. Rose filling the third vacancy on the Airport Commission. E. Election of nominees for Attorney category on PWC Retirement Board. There being no further nominations, Mayor Hurley called for a vote to elect Mr. Walker Worth for the Attorney category on the PWC Retirement Board. The vote was 8 to 1 with Councilmember Ross voting no. F. Nominations to fill one vacancy on PWC Retirement Board. There were nominations for the Commission category vacancy. 6. Appearance by Mr. Dan W. Tyson regarding City policy on lot clearing. (This item was pulled from the agenda.) 7. Consideration of various budget ordinance amendments to the 1986-87 budget. Mr. Smith stated he had nothing further to add other than what was in his memorandum in Council's packet. Councilmember Evans offered motion to adopt the various budget amendments to the 986-1987 Budget, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Ross voting against. At this time, Mayor Hurley requested an executive session for a personal master. Councilmember Kendrick offered motion to go into executive session for a personal matter at 8:35 p.m., seconded by Councilmember Torrey. Council reconvened into regular session at 8:48 p.m. Councilmember Evans offered motion to give to the City Manager the sum of $66,000 and to the City Attorney the sum of $57,500 for salaries, seconded by Councilmember Pillow. Councilmember Dawkins wanted to bring to everyone's attention that this does not include longevity and that these two had received only 5 percent increase last year and no raise the year before. Mayor Hurley called for the vote and it carried 7 to 2 with Councilmembers Jones and Ross voting against. 8. Consideration of adoption of 1987-88 Budget Ordinance and Capital Project Ordinance CAP 88-1 and salaries for Mayor, Council, City Manager and City Attorney. Mr. Smith presented this item and stated that following a survey of sister-cities across the state, he recommends an increase in Council's salary from $5,000 to $6,500 to put Council's salary in line with the sister-cities' salary. Mr. Smith also made note that the City Council's salary has not changed in three years. He stated that currently the Mayor Pro Tem receives $500 more per year than Council and Mayor $4,500 more per year than Council. This would put the Mayor Pro Tem's salary at $7,000 and Mayor's salary at $11,000. Councilmember Johnson offered motion to set Council's salary at $6,500, the Mayor's salary at $11,000, and the Mayor Pro Tem's salary at $7,000 per year, seconded by Councilmember Dawkins and carried 7 to 2 with Councilmembers Ross and Jones voting against. Councilmember McBryde offered motion to adopt the 1987-88 Budget Ordinance the new Pay Plan and receive report from City Manager placing positions within the adopted Pay Plan and adopt Capital Project Ordinance CAP 88-1, seconded by Councilmember Kendrick. Councilmember Jones stated that he had voted and would vote against any budget item that would cause a tax increase because he had said he would not vote for a tax increase when he ran for election to City Council. Councilmember Ross also stated she was against the 2 percent tax increase because the people had not received 2 percent increase in their small amount of money they receive monthly. There was lengthy discussion concerning the tax increase. There was also lengthy discussion concerning outside agencies' funding following Councilmember Dawkins' concern over outside agency funding. Mr. Smith responded that the recommended budget for outside agencies was $175,333. Twenty-five thousand dollars of that was moved to tax district budget putting it at the $150,000 level, minus Olde Fayetteville Association as $25,000 and that includes funding the agencies. Those funded the same as last year were: Cumberland Clean Communities Committee, Coordinating Council Older Adults, Art Museum, RSVP, Economic Development, Arts Council plus additional amount for the grant, Regional Theater and the symphony. This does not include Fayetteville Business and Professional League, Salvation Army, or Orange Street School Project. The Crime Stoppers money will possible be funded through the Police Department's budget. Councilmember McBryde stated that he felt we did well to hold the tax increase to 2 percent and that the budget was cut to a bare minimum. He did suggest to Mr. Smith that $6,500 that was saved through the Crime Stopper funding could be applied to the Orange Street School Project and he would like to have a budget amendment of $10,000 for the Salvation Army because this is a crucial project very beneficial to the City. Mr. Smith stated that Council has given consideration for special request out of Council contingency funds or anticipated revenues. He recommends that if the outside agencies have special projects, then they can come to Council and Council can give consideration for using Council contingency funds, which is $100,000 and they can adopt a budget amendment for the Salvation Army. Councilmember Johnson questioned using funds left over from this year's budget. Mr. Smith responded that we should wait until an audit at the end of the year and see how the fund balance stands. Councilmember Kendrick stated that with the government cut of over $983,000, he feels this is a very lean budget and that Mr. Smith and all the department heads have done an exceptional job to make it this way. Therefore, he called the question on the motion. There being Councilmembers remaining to be heard on the motion, Mr. Dawkins was recognized. He stated he felt that the matter of the Salvation Army and Orange Street Project should be taken care of at this time. Mayor Hurley stated that a substitute or amendment of the motion could be made, therefore Councilmember Evans offered an amendment to the motion that the budget for theoutside agencies be amended adding $10,000 for the Salvation Army changing it to $160,000, and that the Orange Street School receive $6500. Councilmember McBryde accepted the amendment. Mayor Hurley called for a vote and carried 7 to 2, with Councilmembers Dawkins, McBryde, Evans, Pillow, Torrey, Johnson and Kendrick voting in favor and Councilmembers Jones and Ross voting against. At this time, Mayor Hurley requested a show of hands of those planning to attend the City/County Liaison meeting on Thursday at 12 noon, Golden Corral Steak House on Bragg Boulevard and there were seven planning to attend. There being no further business, the meeting was adjourned at 9:30 p.m. REGULAR MEETING MONDAY, JULY 6, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JULY 6, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmy Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, and Mark Kendrick ABSENT: Councilmember Samuel Johnson OTHERS PRESENT: Roger L. Stancil, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Staff Services Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services David Nash, Annexation Studies Coordinator Robert M. Bennett, City Engineer Gordon Allen Mitchell, Deputy Director City/County Planning Department Tim Wood, PWC Manager Members of the Press Mayor Hurley called the meeting to order and welcomed everyone to the first regularly scheduled meeting in July. Following the Invocation offered by Reverend Ivan Sears, Rector, St. Joseph's Episcopal Church, Corner Moore and Ramsey Streets, Mayor Hurley led the Pledge of Allegiance to the Flag. Mayor Hurley stated that the City Attorney had requested an executive session for a litigation matter to be at the end of this meeting. Mayor Hurley also stated that Councilmember Johnson had telephoned him earlier today informing him of his illness and requested to be excused from this meeting. This request was granted. 1. Approval of Agenda Councilmember Pillow offered motion to approve the agenda as submitted, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 2. Consent: Councilmember Torrey asked the City Engineer if there is a drainage or other problems in the area on item K. Mr. Bennett responded that he has not had any complaints of anything of that nature. There was no opposition in attendance at the Planning Board hearing. Councilmember Evans requested that should this be approved by Council, the Planning staff should look into this carefully so that there will not be a repeat of the problems of drainage in other areas. There was some discussion concerning the setting of public hearings under the consent items. The consensus of Council was to set the public hearings under consent items for the suggested date, however, all other public hearings should be set for another meeting. Councilmember McBryde offered motion to accept the agenda as presented and adopt the resolutions, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A. Approval of minutes of regular meeting of June 15, 1987. B. Approval of minutes of information meeting of June 22, 1987. C. Approval of a request for a refund of City taxes to Erika Aucoin in the amount of $75.46. D. Approval of a request for a refund of City taxes to Olive Patty in the amount of $70.46. E. Approval of a request for a refund of City taxes to James and Karla Rapalje in the amount of $69.80. F. Approval of a request for a refund of City taxes to Ethel Stanger in the amount of $53.73. G. Approval of a request for a refund of City taxes to Doyle Wood and Alton M. Davis in the amount of $81.44. H. Set public hearing for August 3, 1987, to consider an application to amend the City of Fayetteville Code of Ordinances, Chapter 32, Article VI “District Use Regulations,” Section 32-38 “C1 Local Business District” by adding item (43.1) addressing motorcycle service and repair as a permitted use in this district as requested by Mr. H. S. Cunningham. I. Set public hearing for August 3, 1987, to consider the rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located west of Robeson Street, east of McIver Street and south of Humphrey Lane. J. Set public hearing for August 3, 1987, to consider an amendment and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-38, Item (57) and Section 32-32.1, Item (C) (5) addressing physical culture establishments, masseurs, massage parlors, health salons or health clubs within the City limits. K. Approval of the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 2229 Southern Avenue. L. Approval of bid award for purchase of a farm tractor to Cumberland Tractor, the low bidder. (PWC) M. Approval of bid award for purchase of Seed Drill to Vause Equipment Company, low bidder. (PWC) N. Approval of bid awards for purchase of 545 overhead and padmount transformers of various sizes and KVA, totaling $707,677.10, to low evaluated bidders. (PWC) O. Approval of exchange of a utility easement with the Church of the Nazarene located at the intersection of Ft. Bragg Road/Pilot Avenue. RESOLUTION AUTHORIZING THE EXCHANGE OF EASEMENTS (CHURCH OF THE NAZARENE). RESOLUTION NUMBER R1987-55. P. Adoption of Resolution setting public hearing for August 3, 1987, pursuant to petition, for paving Sherrerd Drive from Cochran Avenue to Kirkland Drive. PRELIMINARY ASSESSMENT RESOLUTION (PAVING SHERRERD DRIVE). RESOLUTION NUMBER R1987-56. Q. Approval of Capital Project Ordinance CAP 88-833 (Emergency Shelter Grant for Salvation Army). R. Approval of Capital Project Ordinance Closeout CLO #88-1 (CAP-18) for Street Maintenance Building. S. Approval of Resolution waiving one year waiting period requirement for state retirement system. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA ORDERING A CHANGE IN THE ELIGIBILITY FOR MEMBERSHIP IN THE NORTH CAROLINA LOCAL GOVERNMENT EMPLOYEE RETIREMENT SYSTEM. RESOLUTION NUMBER R1987-57. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1987. 3. Public Hearing: 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) - (College Lakes Plaza). Mr. Stancil presented this item showing a map of the area, which is in zone C1 and annexation request is by petition for use of a neighborhood shopping center. This area can be serviced by the City by its operating budget. Councilmember Torrey asked how many dwellings have been built and how many people are in these areas annexed in the College Lakes area since June 3, 1986. David Nash, Annexation Studies Coordinator, responded that a count of housing units will be done before August 7 in areas recently annexed by the City. Mayor Hurley then opened the public hearing and requested anyone in favor of the petition to be recognized. Mr. Robert Monaghan appeared stating that he was representing the developing group Fayetteville Colony Limited Partnership, who are the petitioners requesting this annexation. There being no further appearances in favor, Mayor Hurley asked if anyone was opposed. Clinton Harris, Coordinator for Fayetteville/Cumberland County Citizens Association, P.O. Box 1792, appeared in opposition stating that it could dilute the minority voting strength in the area, the previous annexation could put District One beyond ten percent that North Carolina has accepted and far beyond three percent that the Federal Government accepts, and they do not have a true method of voting by one-man-one-vote because of the three at-large seats. Councilmember Dawkins responded to Mr. Harris' objections stating that it was his understanding there were no residences in this C1 zoned area and there would not be any residences constructed in a commercial zone. Therefore there would be no more voters in this area. Mr. Harris retorted that there had been two Supreme Court decisions concerning what can go on the land and if someone wanted to put houses on their land they couldn't be stopped. Councilmember Evans stated that the City could well use the tax base that this property affords and she felt that no one would put residences on expensive commercial property. Councilmember Evans offered motion to adopt the ordinance annexing this property, seconded by Councilmember McBryde and carried 6 to 2 with Councilmembers Evans, Dawkins, McBryde, Jones, Pillow, and Kendrick voting in favor, and Councilmembers Torrey and Ross voting against. The ordinance title is as follows: AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (COLLEGE LAKES PLAZA). ANNEXATION ORDINANCE NUMBER 87-7-302. A copy of the foregoing ordinance is on file in the Clerk's office in Annexation Ordinance Book 1987. 4A. Consideration of a Resolution accepting a portion of Chesapeake Road extended between McArthur Road and edge of College Lakes subdivision, Plat Book 33, Page 41, Cumberland County Registry. A distance of 130 feet. Robert Bennett presented this item and stated there was a correction made in the resolution that was presented to Council with the packet showing that on the second line it reads Section 5, (Plat Book 33, page 41) and this should read Section 10 Plat Book 45, page 22. He had prepared a corrected resolution for Council to act on. RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PORTION OF CHESAPEAKE ROAD. RESOLUTION NUMBER R1987-58. Councilmember Jones introduced the foregoing resolution and moved its adoption as corrected, seconded by Councilmember McBryde and carried unanimously 8 to 0. B. Consideration of setting a public hearing pursuant to petition, for paving a portion of Chesapeake Road. Suggested public hearing date is August 3, 1987. PRELIMINARY ASSESSMENT RESOLUTION (PAVING CHESAPEAKE ROAD). RESOLUTION NUMBER R1987-59. Councilmember McBryde introduced the foregoing resolution setting the date of public hearing to August 17 instead of the suggested August 3 date and moved its adoption, seconded by Councilmember Jones and carried unanimously 8 to 0. Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1987. 5. Consideration of adoption of a Resolution setting a public hearing for constructing a drainage system along the southern margin of The Greens subdivision. Suggested public hearing date is August 3, 1987. Councilmember Ross stated that she felt these people had been waiting too long for some action, therefore, she suggested the August 3 date should not be changed. Councilmember Evans responded that she would be absent from that meeting and would like to vote on this matter. Councilmember McBryde offered motion to adopt the resolution setting the public hearing for August 17 instead of August 3, seconded by Councilmember Evans and carried 7 to 1 with Councilmember Ross voting against. PRELIMINARY RESOLUTION REQUIRING THE CONSTRUCTION AND RECONSTRUCTION OF A STORM SEWER AND DRAINAGE SYSTEM IN A PORTION OF THE GREENS SUBDIVISION. RESOLUTION NUMBER R1987-60. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 6. Consideration of a Resolution accepting Carolina Avenue extension for maintenance. RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PORTION OF CAROLINA AVENUE. RESOLUTION R1987-61. Councilmember Torrey introduced the foregoing resolution and moved its adoption, seconded by Councilmember Dawkins and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. Councilmember Dawkins requested the City Engineer notify the people in this area of the paving policy. 7. Consideration of a Resolution to acquire right-of-way (Parcel RH-7) along Rosehill Road for sidewalk project. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL RH-7 ROSEHILL ROAD). RESOLUTION NUMBER R1987-62. Councilmember Evans introduced the foregoing resolution and moved in adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing on file in the Clerk's office in Resolution Book R1987. 8. Consideration of fee schedule for taxicab inspections In accordance with Section 28-46(b) of the Fayetteville City Code. Mr. Stancil presented this item and reviewed the procedure that has been followed an inspection of taxi cabs and then explained the change from the inspection site and a five dollar per vehicle each quarterly inspection, which the taxi industry has agreed to pay. Following some discussion and some questions and answers, Mr. Stancil stated that the taxi industry had been notified that if this system does not work, it will be brought back to Council for change. Councilmember Kendrick offered motion to adopt the fee schedule as recommended, seconded by Councilmember Jones and carried unanimously 8 to 0. 9. Consideration of a request from the Museum of the Cape Fear concerning the Fayetteville Rifle. Following some discussion, Councilmember Evans offered motion to authorize the lease subject to the approval of the David Blaylock, Jr., family, seconded by Councilmember Dawkins and carried unanimously 8 to 0. Councilmember Dawkins at this time request everyone to go to this history museum. This is a State Regional Museum and everyone can benefit from this facility. 10. Appointments: A. Nominations to fill one vacancy on PWC Retirement Board. Mayor Hurley stated Tim Wood had advised him it has been tradition that the Chairman of PWC serve on this Retirement Board as the Commission member. Councilmember Dawkins nominated James Warner. B. Nominations to fill three vacancies on Taxicab Review Board. Councilmember Evans renominated Sam Gerald and Robert Hinton. Councilmember Dawkins renominated Johnnie Godwin as alternate. C. Nominations to fill five vacancies on Board of Adjustment. Following some discussion concerning four of the five members and one of the two alternates having to be replaced due to completing two three-year terms, Council agreed to postpone the nominations until the next meeting, so that contacts could be made of prospective nominees. 11. Administrative Reports: Councilmember Ross requested to give an update on the Purdie family situation with their home. She stated they had purchased a piece of property only to discover that it is located in a heavy commercial district and were still unable to move the house that is deteriorating. There was some discussion on this matter and Councilmember McBryde suggested that Council could initiate rezoning of that area. Council was in agreement to have the Planning staff investigate this and return their findings in two weeks. At this time, Mayor Hurley issued acknowledgment by this Council and by the City of the tragedy and grief that we feel for the Airmen and Soldier who were killed last Wednesday during the exercise at Fort Bragg's Sicily Drop Zone. Mention was made of the special meeting on July 16, 7:00 p.m. that Mayor Hurley had called as a town meeting. He stated that it was not mandatory for Council to attend, however, the department heads would be attending. Mayor Hurley announced that Mr. Torrey had been requested to serve another term on the Board by the Arts Council as a liaison from City Council. Mayor Hurley then requested that the Engineer study the feasibility of substituting the sidewalk money from Raeford Road to Morganton Road and to come back with their feelings on this. At this time, Councilmember Dawkins stated that Mayor Hurley had done much a fine job with the Olympic Torch Run and Mr. Dawkins also held the Torch. He stated that this was one of the greatest highlights of the City in some time. Mr. Dawkins said that the Torch had been donated to the City. He was also informed on how much this ceremony meant to the veterans, especially since last week's tragedy. Also, we should realize how fortunate we are to live in such a fine country. Mayor Hurley then reminded Councilmembers of the ceremony to dedicate the new parking lot at old Belk site on Hay Street at 11:00 a.m. tomorrow. Also at 4:00 p.m. tomorrow the McGilvery Street Open House for the new Communications Center. At this time, Councilmember Kendrick offered motion, seconded by Councilmember Pillow to go into executive session for a litigation matter at 8:10 p.m. Council reconvened into regular session at 8:17 p.m., and there being no further business, the meeting was adjourned. REGULAR MEETING MONDAY, JULY 20, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JULY 20, 1987 7:00 P.M. Present: Mayor John W. Hurley Councilmembers J. L. Dawkins, Mildred Evans, Jimmie Jones, Ida Rosa, Joseph Pillow, Thelbert Torrey, Mark Kendrick, and Milo McBryde (arrived 7:05 p.m.) Others: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Staff Service Gerald McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services David Nash, Annexation Studies Coordinator Robert M. Bennett, City Engineer Tim Wood, PWC Manager Wilbur Johnson, Fire Chief Duke Piner, Assistant Fire Chief E.B. Dalton, Police Sergeant Members of Press Mayor Hurley called the meeting to order and called on Bob Bennett to offer the invocation, followed with the Mayor leading the Pledge of Allegiance to the flag. Recognized in the audience were Youth Council members Richard Newton, Terry Sanford High School, and Nancy Morton, Pine Forest Senior High School. The Mayor praised them for coming during the summer when there is no school. Mayor Hurley acknowledged the City Attorney's request for executive session for a litigation matter. At this time, the Mayor stated that the City Clerk had requested to add to Item 7 another appointment to be made to the Board of Adjustment to fill the unexpired term of William Owen, inadvertently left off the agenda. A request was also made by the City Manager to add another nomination for a vacancy on the Firemen's Relief Fund. He stated that the City Charter specifies that the Finance Director be appointed Treasurer of this Board and since Mr. Epps is no longer with the City, he is recommending that Ben Brown, Interim Finance Director, be appointed to the Board and the Board will appoint him Treasurer. 1. Approval of Agenda Councilmember Kendrick offered motion to approve the agenda with the amendments, seconded by Councilmember Jones and carried unanimously. 2. Consent: Councilmember McBryde requested to pull Item B for discussion. There being no further request to pull an item, Councilmember McBryde offered motion to approve the consent items, seconded by Councilmember Pillow and carried unanimously. A. Approval of minutes of regular meeting of July 6, 1987. B. Award of contract for purchase of safety shoes to low bidders. (Pulled for discussion.) C. Award of contract for purchase of forty 65' Class 1 Poles and twenty 70' Class 1 Poles to Koppers Company, Inc., the low bidder. (PWC) D. Award of contract for construction of access road to Rockfish Wastewater Treatment Plant to McDonald Grading Co., Inc., the low bidder. (PWC) E. Adoption of Capital Project Ordinance 88-834. F. Set public hearing for September 21, 1987, to receive public input on City of Fayetteville transportation services for elderly and handicapped. B. Award of contract for purchase of safety shoes to low bidders. (pulled for discussion) Councilmember McBryde questioned not choosing the lowest bidder for the safety shoes for the Fire Department since they had already split the vendors. Mr. Smith responded that the lowest bidder on those particular shoes did not bid on Item 2. Following some further discussion on the individual bids, Councilmember McBryde offered motion to award the contract to the lowest responsible bidder meeting specifications on each item. seconded by Councilmember Evans and carried unanimously. 3. PWC Matters: A. Consideration of adoption of a resolution authorizing condemnation to acquire certain property of Lonza Rudolph Russ and wife, Linda Diane Johnson Russ, to provide the public with an adequate and sound sewage collection and disposal system. Tim Wood presented this item stating that this was a small tract of land near the Cape Fear River and in the vicinity of the Rockfish Waste Treatment Plant and proceeds northward along Locks Creek to Interstate 95/NC 53. Mr. Wood stated they had made an offer of $3,810.00 and had received a counter offer of $8,000.00. He is requesting that Council adopt the condemnation resolution. There was some discussion and Councilmember Ross asked Mr. Wood if the people involved object to this. Mr. Wood responded that they only objected to the amount of money. He then explained the procedure followed in making our offers and then the process through the court with the money involved. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF LONAZ RUDOLPH RUSS AND WIFE, LINDA DIANE JOHNSON RUSS. RESOLUTION NO. R1987-63. Councilmember McBryde introduced the foregoing Resolution and moved its adoption, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Ross voting against. B. Consideration of adoption of a resolution authorizing condemnation to acquire certain property of William S. Law to provide the public with an adequate and sound sewage collection and disposal system. Mr. Wood stated that the property in question is .16 acres, which is a little over one-tenth of an acre and the approached offer was $475.00. The owner has requested $1,400.00. It is located directly next to an existing easement that was purchased adjacent to the railroad, parallel to the railroad and this is just a few feet off the tract running parallel to the railroad. Councilmember Evans stated that Mr. Law has asked to speak to Council on this matter. Mayor Hurley asked the City Attorney for a ruling on hearing Mr. Law and he responded that it would take six votes from Council to hear anyone if not a public hearing, which is from Robert's Rules of Order. Councilmember McBryde questioned any affect it might have to hear Mr. Law since there is a possibility of going to court. Mr. Cogswell responded that he had spoken with Mr. Law before the meeting and if he asks the same question now, then he could answer it tonight without any legal problem. Following some further discussion, Mayor Hurley called for a vote to hear Mr. Law and it was unanimously. Mr. Law stated he is interested in getting a fair price for his property and does not feel the appraisal was anywhere near what the property is worth. He stated that he is not interested in stopping the City in any way, shape, or form, however, he does question the legality of the City voting on anything in the County. Mr. Cogswell responded that in 1960 our Superior Court has said that we can extend if it is necessary to the effective operation of our system within the City to provide services for property beyond the corporate limits. He stated that Mr. Law certainly has the right to challenge that authority in court, if it gets that far. There was some further discussion. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF WILLIAM S. LAW. RESOLUTION NO. R1987-64. Councilmember Evans introduced the foregoing resolution and moved its adoption, seconded by Councilmember McBryde and carried unanimously 8 to 1 with Councilmember Ross voting against. Copies of the foregoing Resolutions are on file in the Clerk's office in Resolution Book R1987. At this time, the City Attorney stated that whenever we file a condemnation we deposit the money at the Courthouse. The property owner is then entitled to take that money right away and put it in their account. If there are liens on the property, then whoever the lien holder is gets involved. But if it is paid for, the property owner can do what he wants with it at that point, unless the court should say that it is worth less than we say it is. By statute, any money they have to pay appraisers if that appraiser testifies, the court can order that money be reimbursed. 4. Consideration of amendments to Section 20-167 and Section 26-42 of the Fayetteville City code concerning insurance requirements for special events in the City of Fayetteville. Mr. Cogswell presented this item and reported that he had made a telephone poll of the cities of Charlotte, Greensboro, Durham, Winston-Salem, Raleigh, High Point, and Wilmington. None of them have any type of insurance requirements for a parade or demonstration. He further reported that the Risk Manager stated we would be covered provided there was no willful or wanton misconduct on the part of any of our employees. Mr. Cogswell stated that with the permit process we go through, we have a much better control over the situations than previously and recommends amending the ordinance, which would delete the insurance requirement. There was brief discussion. AN ORDINANCE AMENDING SECTIONS 26-167 AND 26-42 OF THE FAYETTEVILLE CITY CODE (SPECIAL EVENT INSURANCE). ORDINANCE NO. S1987-28. Councilmember Dawkins introduced the foregoing Ordinance and moved its adoption, seconded by Councilmember Jones and carried 8 to 1 with Councilmember Pillow voting against. A copy of the foregoing Ordinance is on file in the Clerk's office in Ordinance Book S1987. PWC Tim Wood was excused at this time. 5. Consideration of 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 annexed to the City. Mr. Smith presented this item and stated that even though this property is commercial it is still placed in an electoral district for the record and he is recommending District 1. Mr. Cogswell added that the Board of Elections is ready to act on this tomorrow and everything will be ready to send to the Department of Justice for pre-clearance. There was brief discussion. 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. R1987-65. Councilmember Kendrick introduced the foregoing Resolution and moved its adoption, seconded by Councilmember Torrey and carried unanimously. 6. Consideration of adoption of an Ordinance requiring uniform numbering of houses, buildings, and mobile homes in the City. Mr. Stancil presented this item and stated that having discussed with both Fire and Police Departments the problems in assisting citizens, they are recommending an ordinance that will accomplish the following: 1) establishes the Planning Board as the agency responsible for assigning numbers (as they already do); 2) requires posting of newly assigned numbers within 15 days; 3) allows property owners with previously assigned numbers 90 days to post numbers in accordance with the new ordinance; and 4) provides for a permit process for those who paint numbers on curbs so that we have an opportunity to familiarize them with our standards. These standards are already a part of the City Code. He further states that if this ordinance is adopted, we will also implement a public awareness campaign to inform citizens of the benefit of posting building numbers. There was some discussion concerning colors, size, and who has to get the permit. Groups or individuals that want to paint the numbers need one permit only, not one per house. Mr. Stancil said the only reason for requiring the permit is so they can be given a copy of the ordinance to know what the requirements are. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY FAYETTEVILLE CREATING A NEW CHAPTER 26A, “STREET NUMBERING” OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1987-29. Councilmember Kendrick introduced the foregoing Ordinance and moved its adoption, seconded by Councilmember Jones and carried unanimously. A copy of the foregoing Ordinance is on file in the Clerk's office in Ordinance Book S1987. 7. Appointments: A. Election of James Warner to the PWC Retirement Board. There being no further nominations, Councilmember Dawkins moved to elect James Warner by acclamation to complete the term of Robert Butler to June 30, 1991, seconded by Councilmember Pillow and carried unanimously. B. Re-election of Robert Hinton and Sam Gerald to the Taxicab Review Board. There being no further nominations, Councilmember Rosa moved to elect by acclamation Robert Hinton and Sam Gerald for two-year terms to July 31, 1989, for the Taxi Industry category, seconded by Councilmember Pillow and carried unanimously. C. Re-election of Johnny Godwin as alternate to the Taxicab Review Board. There being no further nominations, Councilmember Ross offered motion, seconded by Councilmember Pillow, to elect by acclamation Johnny Godwin for a second term to July 31, 1989, as alternate from the Taxi Industry, carried unanimously. D. Nominations to fill three vacancies and one alternate vacancy on the Board of Adjustment. Councilmember Ross nominated Mrs. Jessie Devane. There was some discussion concerning this Board and Mayor Hurley asked Mr. Cogswell to brief Council on the duties of the Board of Adjustment, which he did. Council agreed to postpone these nominations until the next meeting. At this time, Mayor Hurley asked for nominations to the Firemen's Relief Fund to fill the vacancy of Bill Epps to January 31, 1988, as requested by the City Manager. Councilmember McBryde offered nomination and election of Ben Brown to fill the unexpired term of Bill Epps to January 31, 1988, seconded by Councilman Kendrick and carried unanimously. 8. Consideration of cancellation of July 1987 Information Meeting. Councilmember Dawkins offered motion to follow the recommendation to cancel the July Information Meeting, seconded by Councilmember Johnson and carried unanimously. At this time, Councilmember Evans requested an excused absence for the first meeting in August due to her being out of town. She said she will also miss the Policy Committee meeting. 9. Administrative Reports: A. Statement of taxes collected for the month of June, 1987, from the Cumberland County Tax Collector. The City Manager presented the statement of taxes collected for the month of June 1987. B. Report of disposal of surplus property. The City Manager also presented this report. At this time, Councilmember Johnson discussed the recent adoption of the Sign Ordinance and his concerns about the real estate signs on corners. He stated they need to educate the people on the Sign Ordinance and he wants it enforced. Mayor Hurley stated his concern for the car sale signs also. He asked Police Sergeant Dalton if the officers on patrol reported these violations. Sgt. Dalton responded they could but he cannot say if it is being done. Also, if the sign is on the right-of-way, it involves NCDOT. C. Other. Mayor Hurley questioned the status of the Purdie house and property situation. Mr. Cogswell responded that he does not recommend Council to initiate this rezoning because we were not contacted about the zoning of their lot before they purchased it. Therefore, it should be treated as any other case of this nature. He further stated that the surveyor had trouble finding the property line and plotting it. Mr. Bennett added that the survey team engaged by the Purdies to locate this lot has run into a real problem because of this lot description and an adjoining lot deed overlapping. Councilmember Dawkins stated that no matter what our intentions, he hopes this Council would go with caution for the sake of not only the Purdies but for all citizens of Fayetteville and not change a zoning that would greatly reduce the value of the property. There was some further discussion and Mr. Herrera was asked if there was some property in Fayetteville to help the Purdies. Mr. Herrera responded that there are properties in southeast Fayetteville, however, Mrs. Purdie does not like southeast Fayetteville. Mayor Hurley stated that his office has been contacting real estate people and the Engineering Department has also been making that effort. He assured Council that it is not a dead issue and everyone is trying everything they know to do. * At this time, Councilmember Dawkins informed Council of the death of Gilbert Ray, III, the 20-year-old grandson of Gilbert Ray, the first Fayetteville City Manager. Mr. Dawkins stated that he was killed in an auto accident in Chapel Hill last week and our prayers and thoughts are with the family. * Councilmember Evans stated that realizing nothing in this City has ever been named after a female, she suggested in the future to consider naming the CBD Loop after Dr. Lucille Hutaff, when time comes to name it. Mayor Hurley thanked both police officers for being in attendance at the meeting. He recognized Sandy Saunders, Chairman of the Parks and Recreation Advisory Commission, and Pat Reese, Reporter and Man of Many Talents. At this time, Mayor Hurley entertained a motion for executive session. Councilmember Kendrick offered motion, seconded by Councilmember Jones to go into executive session for a litigation matter at 8:22 p.m. Council reconvened into regular session at 8:35 p.m. and moved to adjourned. REGULAR MEETING MONDAY, AUGUST 3, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, AUGUST 3, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Jimmie Jones, Samuel Johnson, Ida Ross, Joseph Pillow, Thelbert Torrey, and Mark Kendrick ABSENT: Councilmember Mildred Evans OTHERS: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations Robert C. Cogswell, City Attorney Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Robert M. Bennett, City Engineer Tim Wood, PWC Manager Gordon Allen Mitchell, Deputy Director, City/County Planning Department Mayor Hurley called the meeting to order. The Invocation was offered by Randy White, Trinity Baptist Church, Hillsboro Street, followed with the Mayor leading the Pledge of Allegiance to the Flag. RECOGNITION Mayor Hurley recognized Peggy Blackwell, First Runner-up, National Miss Teen. He presented the All America City Key to Ms. Blackwell and informed everyone that she was also President of the SAAD Chapter at Pine Forest Senior High School. Mayor Hurley also recognized Kimberly Ray with the Youth Council and daughter of Tom Ray, Airport Manager. At this time, Mayor Hurley stated that Councilmember Evans did have an excused absence from tonight's meeting, and the City Attorney has requested an executive session for litigation. The Mayor then recognized two new news media representatives: Dan Carney, Fayetteville Observer, and Theresa Tran, WKML FM Radio. 1. Approval of Agenda Mr. Smith requested to add under Item 15B for purposes of discussion Senate Bill 944, pending legislature before the General Assembly. He stated that he received an action called today from the League of Municipalities concerning this matter. Councilmember Kendrick offered motion to approve the agenda with this addition, seconded by Councilmember McBryde and carried unanimously 8 to 0. 2. Consideration of rescheduling September 7, 1987 Regular City Council Meeting due to City Holiday. (Suggested meeting date is September 8, 1987.) (Acted on after Item 3) 3. Consent: Councilmember McBryde offered motion to approve the consent agenda and adopt the resolution, seconded by Councilmember Dawkins and carried unanimously 8 to 0. A. Approval of minutes of regular meeting of July 20, 1987. B. Approval of a request for a refund of City taxes to Frank J. Mausolf in the amount of $74.08. C. Approval of a request for a refund of City taxes to Prudential Insurance Company of America in the amount of $62.12. D. Approval of a request for a refund of City taxes to the L.L. Campbell Heirs in the amount of $95.81. E. Adoption of a resolution setting a public hearing for September 8, 1987, to consider the paving pursuant to petition of Carolina Avenue from end of existing pavement easterly to cul-de-sac. PRELIMINARY ASSESSMENT RESOLUTION (CAROLINA AVENUE). RESOLUTION NUMBER R1987-66. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. F. Approval of Concession Agreement between Fayetteville Municipal Airport and Tubb's Florist. G. Adoption of Capital Project Ordinance Amendment change 88-2 (Community Development Year 10 Appropriation). H. Adoption of Capital Project Ordinance Amendment Change 88-3 (Community Development Year 11 Appropriation). I. Adoption of Capital Project ordinance Amendment 88-4 (Signal System). J. Set public hearing for September 8, 1987, to consider an application by Barbara Taft Leach for a Special Use Permit as provided by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-24, Item (3) to operate a home for the care of children in an R5A Residential District for an area located at 4868 Bickett Street. p87-96. K. Approval of rezoning from R5 Residential District to C(1)P Shopping Center District or to a more restrictive zoning classification for an area located at 3614 Raeford Road. P87-86. L. Authorize advertisement of offer to purchase property on Old Wilmington Road (Parcel I-3, Collier Drive Redevelopment Program, 9th Year) by Article Lee Council for $2,750.00. At this time, it was brought to Council's attention that Item No. 2 had been skipped. 2. Consideration of rescheduling September 7, 1987, Regular city Council Meeting due to City holiday. (Suggested meeting date is September 8, 1987.) Councilmember Dawkins offered motion to reschedule the meeting as recommended, seconded by Councilmember Johnson and carried unanimously 8 to 0. At this time, Mayor Hurley reviewed the policy for conducting public hearings. 4. Public Hearings A. Consideration of an application to amend the City of Fayetteville Code of Ordinances, Chapter 32, Article IV “District Use Regulations,” Section 32-28 “C1 Local Business District” by adding Item (43.1) addressing motorcycle service and repair as a permitted use in this district as requested by Mr. H.S. Cunningham. P87-77. Al Mitchell presented this item and stated that the Planning Board unanimously recommended approval. Appearing in favor was Attorney Stacey Weaver representing the petitioner H.S. Cunningham. He reviewed what is allowed in C1 and requested motorcycle service and repair be included since it meets the requirements. There was no one to appear in opposition. Councilmember McBryde offered motion to follow the recommendation by the Planning staff and Planning Board and moved to adopt the ordinance amending Chapter 32 of the City Ordinances, seconded by Councilmember Dawkins and carried unanimously 8 to 0. The ordinance title is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32 “ZONING” ADDRESSING MOTORCYCLE SERVICES AND REPAIR AS A PERMITTED USE IN THE C1 LOCAL BUSINESS DISTRICT OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NUMBER S1987-29b. A copy of the foregoing ordinance is on file in the Clerk's office Ordinance Book S1987. B. Consideration of the rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located west of Robeson Street, east of McIver Street and south of Humphrey Lane. P87-78. Al Mitchell presented this item and stated that it represents a little more than one-tenth of an acre along the west side of Robeson Street. This was recently referred back to the Planning Board by Council. Mr. Mitchell stated that there was a land use plan done for a previous case along McIver Street. In that plan that area was recommended for commercial retail area. The Planning Board recommended approval of the rezoning. The Planning staff also recommended rezoning because it is in accordance with that land use re-evaluation plan. This property does not touch McIver Street. Councilmember Ross inquired as to when this plan was presented to Council. Mr. Mitchell responded that the Planning Board requested a re-evaluation when Mr. Smith requested rezoning up above Ellis Street (October 1986). The Planning staff re-evaluated and presented a plan along with the public hearing of the Smith rezoning case. It then came to Council and the final decision was for P2 and not C3 as requested as a compromise in the area. Appearing in favor was Attorney Stacey Weaver representing the petitioner. He stated that this will make the property usable for a business which is suitable to the area, eliminating three bars open at night and a commercial activity that shuts down at night. It also will eliminate an open ditch in back of the property that goes to McIver Street and is an eyesore to residents. He mentioned that it will not put a single home any near the commercial zone than it is now. Councilmember Ross appeared in opposition and read a letter stating a signed petition was submitted requesting a moratorium on zoning until an updated and use plan has been established for the community. It also requested that the City Manager, Planning Board, and Planning staff develop a land use plan for Savoy Heights/ Robeson Street/CBD Loop. Ms. Ross stated that she backs the area citizens 100 percent. Also appearing in opposition was Hattie Oliver, 810 Silk Lane. She stated she was appearing on behalf of the citizens in the area and requested and accept what Ms. Ross presented. Clinton Harris, Coordinator for Fayetteville/Cumberland County Citizens Association, P.O. Box 1792, appeared in opposition stating that there had never been a public hearing by the Planning staff on concerns of the citizens in that area. Also that Council has not acted on a land use plan presented by the Planning staff. He wants a delay until Planning staff can bring back a plan that all the people can voice concerns. Councilmember Dawkins offered motion to follow the recommendation of the Planning Board and Planning staff and rezone from R5 to C3 Heavy Commercial District, seconded by Councilmember McBryde. There was further discussion and the Chair called for the vote. The motion carried 6 to 2 with Councilmembers Ross and Torrey voting against. C. Consideration of an amendment and revisions to the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-28, Item (57) and Section 32-32.1, Item (C) (5) addressing physical culture establishments, masseurs, massage parlors, health salons or health clubs within the City limits. P87-80 The City Attorney presented this item and stated that the City had attempted to process an application for a masseurs license for a spa in a shopping center and discovered that with the wording of the adult entertainment district, it was impossible to approve the license as requested. He stated that the amendment as drawn would recognize the legitimate use of massage in spas and health clubs that were being operated in many shopping centers. He recommends that Council adopt the ordinance as amended and that will be drawn up. There was no one to appear in favor. Appearing in opposition was Ray Morton, 119 North Kennedy Street, Apt. C. He stated that he has knowledge of massage parlors, health spas, etc., from past experience in law enforcement with problems in California and feels that it would be detrimental to a City to allow these. The City Attorney responded that our City Code governs certain things he has expressed concerns for, however, this item deals only with health spas that include massages of people of the same sex. There being no further opponents, there was discussion by Council. Councilmember Dawkins offered motion to follow the recommendation and adopt the amendment to the ordinance, seconded by Councilmember Kendrick and carried unanimously 8 to 0. The ordinance title is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, “ZONING,” (SPECIAL ENTERTAINMENT USES). ORDINANCE NUMBER 1987-29a. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1987. D. Consideration of paving pursuant to petition of Sherrerd Drive from Cochran Avenue to Kirkland Drive. Mr. Bennett presented this item and stated he had received a petition of all property owners abutting this area and all property owners have been notified of this public hearing. There were no opponents or proponents present. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (PAVING SHERRERD DRIVE). RESOLUTION NUMBER R1987-67. Councilmember Dawkins 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 Resolution Book R1987. 5. PWC Matters: A. Consideration of adoption of a resolution authorizing condemnation to acquire certain property of Eddy R. Raynor and wife, Candace B. Raynor, to provide the public with an adequate and sound sewage collection and disposal system. Tim Wood presented this item and stated that there had been an offer of $285.00 with a counteroffer of $500.00. There were 23 residents in the area that have accepted PWC's offer of the same amount of money. Mr. Wood stated that this project would benefit the property owners. There were no proponents or opponents. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF EDDY R. RAYNOR AND WIFE CANDACE B. RAYNOR. RESOLUTION NUMBER R1987-68 Councilmember Dawkins introduced the foregoing resolution and moved its adoption, seconded by Councilmember Jones and carried unanimously 8 to 0. B. Consideration of adoption of a resolution authorizing condemnation to acquire certain property of L. Ralph Strickland and wife, Shelby F. Strickland, to provide the public with an adequate and sound sewage collection and disposal system. Mr. Wood stated that an $800.00 offer had been made and a $1,600 counteroffer had been received. He stated that this was a similar situation to the preceding item. There were no proponents or opponents to appear on this matter. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF RALPH STRICKLAND AND WIFE SHELBY F. STRICKLAND. RESOLUTION NUMBER R1987-69. Councilmember McBryde introduced the foregoing resolution and moved its C. Consideration of Order Authorizing and Approving Actions and Obligations under Revenue Bond Financing Arrangements and all attached Documents ($35,000,000). Jim Warner, Chairman of the PWC, presented this item and recognized the other Commission members, Robert Williams, Tom McCoy, and William Owen. He also recognized the Public Works Commission Manager Tim Wood, PWC Counsel Richard Lewis, Washington Council Drexel Journey, Bond Council, William McBride, and representing Banker's Trust Company of New York, Mr. Ira Goldberg. Mr. Warner reviewed the procedures leading up to tonight's action. He stated the $35,000,000 bond would have a maturity of nine years and an estimated total of $45,000,000. This bond would allow PWC to better meet and help control rising cost of electricity. January 1, 1989, is the target date to put this unit on line. Drexel Journey reviewed the bond process and stated that the package presented to Council consisted of a bond order, bond placement, and letter of credit agreement. They are asking Council to authorize the Mayor to execute. Mr. McBride stated that the first action is to adopt the bond order with ministerial changes from today's discussion that in no way change the substance of it. The following bond order was introduced by Councilmember Johnson and moved to adopt, seconded by Councilmember Jones and carried unanimously 8 to 0: BOND ORDER AUTHORIZING THE ISSUANCE OF ELECTRIC REVENUE BONDS (COMBINED CYCLE STEAM ELECTRIC GENERATING UNIT PROJECT), SERIES 1987 OF THE CITY OF FAYETTEVILLE IN AN AGGREGATE PRINCIPLE AMOUNT OF $35,000,000 FOR THE PURPOSE OF FINANCING, IN PART, THE ACQUISITION AND CONSTRUCTION OF A COMBINED CYCLE STEAM GENERATING UNIT INCLUDING, WITHOUT LIMITATION, HEAT RECOVERY BOILERS, A CLOSED CYCLE COOLING POWER, CENTRAL CONTROL AND LOADING DISPATCHING CENTER, RELATED BUS AND SWITCHING FACILITIES AND WATER AND SEWER CONNECTIONS AND THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS-OF-WAY, THEREFOR WITHIN AND WITHOUT THE CITY OF FAYETTEVILLE. Mr. McBride recommended a change in the resolution in paragraph three stating that the “Mayor and City Manager” be authorized to sign, should read “Mayor, Mayor Pro-Tem in the Mayor's absence and City Manager.” Councilmember Pillow introduced the following resolution and moved its adoption with the addition of Mayor Pro Tem in absence of the Mayor to authorize in paragraph three, seconded by Councilmember Kendrick and carried unanimously 8 to 0. The resolution title is as follows: RESOLUTION (PWC BOND ORDER). RESOLUTION NUMBER R1987-70. Councilmember Dawkins requested that the local law firm on page eight of the original document be corrected in that Mr. Reid's name was misspelled in the firm of Reid, Lewis, and Deese. Mr. Smith recommended that the project budget also be adopted. Councilmember Dawkins offered motion to adopt the $45,000,000 capital project ordinance, seconded by Councilmember Kendrick and carried unanimously 8 to 0. Copies of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1987. 6. Consideration of removal of parking on Russell Street from Maxwell Street to 141.5 feet east of Williams Street. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, (TWO HOUR ZONES). ORDINANCE NUMBER NS1987-20. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1987. 7. Consideration of addition of the following to Section 20-106 (Traffic Schedule), Schedule 14 Yield Intersection Schedule: A. Cape Center Drive at Oliver Street B. Cape Court at Cape Center Drive Mr. Bennett stated that this is a new development and this is routine addition to the traffic schedule. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, (TRAFFIC SCHEDULE NO. 14, FIELD INTERSECTIONS). ORDINANCE NUMBER NS1987-21. Councilmember McBryde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Jones and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1987. 8. Adoption of Railroad Crossing Agreement between City of Fayetteville and CSX Transportation for utility crossing on Russell Street at Ray Avenue. RESOLUTION Be it resolved by the City Council in regular meeting assembled that the Mayor of said City be, and he hereby is, authorized to enter into an agreement with CSX TRANSPORTATION, INC. (“CSXT”), and to sign same on behalf of said City whereby CSXT grants unto said City the right or license to install and maintain a subgrade traffic signal cable across the right-of-way and under trackage of said CSXT at Fayetteville, North Carolina, as particularly described in said agreement which agreement is dated February 15, 1987, a copy of which agreement is filed with the City Council. Councilmember Kendrick offered motion to follow the recommendation and adopt the resolution for the CSX, seconded by Councilmember Jones and carried unanimously 8 to 0. 9. Consideration of resolution changing name of Fayetteville Municipal Airport (Grannis Field) to Fayetteville Regional Airport. Councilmember Dawkins offered motion to adopt the resolution to change the name of the Fayetteville Municipal Airport (Grannis Field) to Fayetteville Regional Airport (Grannis Field), seconded by Councilmember Ross. Councilmember Johnson offered substitute motion to change the name to Fayetteville-Southeastern Regional Airport (Grannis Field). The motion died for lack of second. Cy Earnhardt, Chairman of the Airport Commission, appeared before Council stating that the Commission had approved the request to change the name to Fayetteville Regional Airport only and feels that he cannot speak for the rest of the Commission tonight to add or change the recommendation. He feels it should be returned to the Airport commission if there is a change. Councilmember Ross offered substitute motion, seconded by Councilmember Johnson and carried unanimously to return this item to the Airport Commission. 10. Consideration of award of contract for purchase of rollout carts to Kabco, Inc., lowest responsible bidder. Mr. Smith stated that the low bidder of Solid Waste Systems, Inc., does not meet our specifications. He recommended Kabco, Inc., FOB point of manufacturing in the amount of $61,845 since we had the trucks to pick up the merchandise as needed. He added that we have budgeted $64,275 for this item. Following discussion, Councilmember Ross offered motion to accept the Kaoco, Inc. bid of $61,845 as lowest responsible bidder, seconded by Councilmember Jones and carried unanimously 8 to O. 11. Consideration of Budget Ordinance Amendment 88-5 (Reorganization). Mr. Smith stated that the number of the budget Ordinance Amendment Change should be 88-1 instead of 88-5. He stated that this reflects some organizational changes and does not include the Airport Public Safety Officers. Councilmember Dawkins offered motion to adopt the Budget Ordinance Amendment Change 1987-88-1, seconded by Councilmember Jones and carried unanimously 8 to 0. 12. Consideration of amendment to Section 20-58 of the Fayetteville City Code, “Moving of Houses, Buildings, and Other Structures.” Mr. Stancil presented this item stating that the recent ordinance that was adopted makes it difficult for schools to get huts moved in time for the school year. The amendments would allow the owner to post bond rather than the mover and would allow the City Manager to approve exceptions if there was minimum disruption of traffic. Councilmember Dawkins offered motion to adopt the amendments as recommended, seconded by Councilmember Ross and carried unanimously 8 to 0. The ordinance title is as follows: AN ORDINANCE OF THE CITY OF FAYETTEVILLE AMENDING SECTION 20-58 “MOVING OF HOUSES, BUILDINGS AND OTHER STRUCTURES” OF THE FAYETTEVILLE CITY CODE. ORDINANCE NUMBER S1987-30. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1987. 13. Consideration of repeal of Chapter 9A and adoption of a new Chapter 9A (Burglar Alarms). Mr. Stancil reviewed the ordinance as it is currently enforced. It implements a charge for every response over two. The new ordinance increases that number to five. If adopted, everyone will start with zero calls, however, what is now owed is still due. AN ORDINANCE CREATING CHAPTER 9A ENTITLED “BURGLARY AND ROBBERY ALARM SYSTEMS REGULATIONS,” IN THE CODE OF THE CITY OF FAYETTEVILLE. ORDINANCE S1987-31. Councilmember Dawkins introduced the foregoing ordinance and moved to repeal Chapter 9A and adopt new Chapter 9A, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1987. At this time the City Attorney recommended that Council either postpone the nominations or elections of Board of Adjustment members until after the current two cases are heard by the presiding Board. He stated that since almost the entire Board would be replaced, the cases need to be heard by those familiar with the subjects. Following some discussion, Council was in agreement to have the election of theme Committee members effective September 1, 1987. 14. Appointments: A. Nominations to fill one unexpired term on Board of Adjustment. Councilmember McBryde nominated John Cannady. Councilmember Ross withdrew her previous nomination of Mrs. Jessie Devane. B. Nominations to fill three vacancies on Board of Adjustment. Councilmember Johnson nominated Cecil Carlisle, 3545 Wyatt Street and Crawford McKeithan, Skye Drive. Councilmember Pillow nominated Linwood Hunter, 205 Chloe Drive. Councilmember Dawkins, on behalf of Councilmember Evans, nominated Walter Moorman, 1609 Pugh Street. Councilmember Ross nominated Davetter Shephard, 4512 Cay Court. Mayor Hurley nominated Wayne Eaton, 3775 Inwood, and Floyd P. Jenkins, 3000 Rathburn Court. C. Nominations to fill one alternate category on Board of Adjustment. It was suggested that the fourth runner-up be appointed as the alternate. 15. Administrative Reports: A. Discussion of truck routes. Councilmember Kendrick requested that this be put on the agenda for the next information meeting. B. Other Mr. Smith stated that he had received an action call from the League of Municipalities concerning Senate Bill 944 (Tax Bill) that they are in support of. This replaces the two cent local option tax and raises state tax five cents. This would not provide more revenue but just put us more at the mercy of the state government. The League asked for our support. Councilmember McBryde offered motion to write a letter from the Mayor and Council to delegates in support of Senate Bill 944 without the unrelated sales tax provision, seconded by Councilmember Kendrick and carried unanimously 8 to 0. Councilmember Dawkins requested that Mr. Bennett supply information at the information meeting concerning the CBD proposed streets and any other related information. Councilmember Johnson expressed his concerns for the trains stopping and blocking downtown streets for such a long period of time and during rush hours. The Mayor concurred. Mr. Bennett responded that council has limited authority for setting speed limits or time of the train schedule. The ultimate authority is with the Federal Department of Transportation. Mr. Bennett stated he can bring Council up-to-date of the recent ruling. Mayor Hurley requested that Mr. Smith check into this situation. At this time Mayor Hurley referred to the letter from Nancy Moses, Chairman, Fayetteville Cumberland County Youth Council, requesting awarding Youth of the Month Award at a Council meeting. Council was in agreement that this be done. Councilmember McBryde offered motion, seconded by Councilmember Jones for executive session for litigation at 9:48 p.m. Council reconvened into regular session at 9:58 p.m. and continued tonight's meeting until Wednesday, August 5, 1987, 7:00 p.m., City Hall Council Chamber for consideration of the litigation of the Spell case, seconded by Councilmember Dawkins and carried unanimously 8 to 0. There being no further business, the meeting was adjourned. CONTINUATION OF REGULAR MEETING WEDNESDAY, AUGUST 5, 1987 FAYETTEVILLE CITY COUNCIL CONTINUATION OF REGULAR MEETING CITY HALL COUNCIL CHAMBER WEDNESDAY, AUGUST 5, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Jimmie Jones, Ida Ross, Joseph Pillow, Samuel Johnson, Thelbert Torrey, Mark Kendrick OTHERS PRESENT: John P. Smith, City Manager Roger L. Stancil, Assistant city Manager for Operations Robert C. Cogswell, Jr., City Attorney ABSENT: Councilmember Mildred Evans (excused) Mayor Hurley called the meeting to order stating that this meeting was a continuation of the regular meeting of August 3, 1987. City Attorney Bob Cogswell first addressed the Council concerning the recent request to the Legislative Delegation to introduce legislation authorizing the City Council to impose fines up to $500 for violations of City Ordinances. City Attorney Cogswell indicated that he had been contacted by Representative Alex Warner who wished to know if the Council would be willing to hold a referendum on this subject. Council took no action on this request and asked that the previous request stand. Upon motion by Councilmember Kendrick, seconded by Councilmember Jones, the Council voted unanimously to convene into executive session to discuss litigation. Upon reconvening into regular session, Council heard a recommendation from City Attorney Cogswell that in Spell versus McDaniel et al. the City's attorneys be authorized to file a motion requesting the Fourth Circuit Court of Appeals to stay the mandate of their decision issued July 24, 1987, and to file a Writ of Certiorari with the United States Supreme Court. Upon motion by Councilmember Dawkins, seconded by Councilmember McBryde, the City Council voted 7 to 1 to follow the City Attorney's recommendation, with Councilmember Torrey voting in the negative. There being no further business, the meeting was adjourned at 7:57 p.m. REGULAR MEETING MONDAY, AUGUST 17, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, AUGUST 17, 1987 7:00 P.M. Present: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Thelbert Torrey, Samuel Johnson, and Mark Kendrick Absent: Councilmember Joseph Pillow Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. (Ben) Brown, Jr., Assistant City Manager for Staff Services Robert C. Cogswell, Jr., City Attorney Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Mike Walker, Assistant City Engineer Agnes Bundy, Real Estate Specialist/Office Manager Ronald E. Hansen, Police Chief William J. B. McGugan, Administrative Services Director Jack C. Wilson, Parks and Recreation Director Press Mayor Hurley welcomed everyone to the second meeting in August and recognized the Youth Council members present: Kim Hale, Pine Forest Senior High, and Carrie McFarland, Terry Sanford Senior High. Following the invocation by Reverend Jeff Eisenhower of Bonnie Boone Baptist Church, the Pledge of Allegiance to the American Flag was led by David Rose of Boy Scout Troop 957, The Manna Church. Mayor Hurley then introduced Miss North Carolina Co-Ed, Vicky Royal, and her parents, Mr. and Mrs. William Royal. Miss Royal will be going to Hawaii very soon for further competition. At this time Mayor Hurley stated that the City Attorney had requested an executive session for litigation, also that Councilmember Pillow had an excused absence from tonight's meeting. The City Manager was recognized with a request to add at the end of the Agenda as Item 12(c) a request from PWC for a joint meeting. 1. Approval of Agenda: Councilmember Kendrick offered motion to approve the agenda and the addition of Item 12(c), seconded by Councilmember McBryde and carried unanimously 8 to 0. 2. Consent: Councilmember McBryde offered motion to approve the Consent Items A through I and adopt the resolutions, seconded by Councilmember Evans and carried unanimously 8 to 0. A. Approval of minutes of regular meeting of August 3, 1987. B. Approval of minutes of continued Council meeting of August 5, 1987. C. Set public hearing for September 21, 1987, to consider assessment of Lambert Street from Oakridge Avenue to Dead End at the western line of the Gill property. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF LAMBERT STREET FROM OAKRIDGE AVENUE TO DEAD END AT THE WESTERN LINE OF THE GILL PROPERTY. RESOLUTION NO. R1987-71. D. Set public hearing for September 21, 1987, to consider assessment of Moore/Brunner Street from Hillsboro Street westerly to Murchison Road. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF MOORE/BRUNER STREET FROM HILLSBORO STREET WESTERLY TO MURCHISON ROAD. RESOLUTION NO. R1987-72. E. Set public hearing For September 21, 1987, to consider the paving pursuant to petition of May Street from Trade Street to Powell Street. PRELIMINARY ASSESSMENT RESOLUTION (MAY STREET PAVING). RESOLUTION NO. R1987-73. F. Approval of sale of property on Old Wilmington Road (Parcel I-3, Collier Drive Redevelopment Program, 9th Year) by Article Lee Council for $2,750.00 G. Approval of the following Budget Ordinance Amendments: 1. Change 88-2 (Year-End Closeout) 2. Change 88-3 (Donation to Fire Department) 3. Change 88-4 (Adjustments to Reorganization Budget H. Approval of Capital Project Ordinance Amendment CAP-87-858 (Signal System Training) I. Award or contract for the purchase of 3,500 single phase Class 200, 3-wire, 30TA, 240V Electric Meters to Mill-Power Supply Company, the low bidder. (PWC) Copies of the foregoing resolutions are on file in the Clerk's office in Resolutions Book R1987. 3. Public Hearings: Mayor Hurley reviewed the public hearing policy on the time limit. A. Consideration of a resolution for constructing a drainage system along the southern margin of The Greens Subdivision. Due to Mr. Bennett being in the hospital with bronchitis, this item was presented by his assistant Mike Walker. Mr. Walker stated that as a result of the petition signed by The Greens Subdivision property owners, and as a result of continued complaints of property owners adjacent to the drainage ditch between Frost Drive and the existing storm sewer outlet located within the property of Club Associates, nine of ten signed to authorize the Engineer to put under contract the storm drain pipe. Public notice was given in the newspaper, by mail, and this is the advertised date of the public hearing. Mr. Walker stated that the Engineering Department recommends adoption of this resolution. In response to Council's request, Mr. Walker reviewed the City Assessment policy. Following some questions by Council of Mr. Walker and the City Manager, Mayor Hurley opened the public hearing. Appearing in favor was Charles Roth-Roffy, Lot 4. He stated that if this ditch is left instead of installing the storm sewer pipe, the value of his Lot and of the other lots will depreciate because of the 30-foot easement. Patty Anderson, Lot 1 and William England, Lot 3, also appeared concurring with Mr. Roth-Roffy. Mr. Dohn Broadwell, developer of The Greens Subdivision, stated that they did not dig the ditch. It pre-existed them and there was not a great deal of flow until the shopping center, and widening of the 401 By-Pass was completed. There was an obstruction put in by one of the property owners. Mr. Broadwell further stated that they have offered morally $10,000 toward the Assessment for the northside property owners provided they are a petitioner. Appearing in opposition was Mary Guthrie, 200 Country Club Drive, stating some things she felt had and had not been done. She concluded by saying she advocated a solution, however, she was not in favor of having to pay for a drainage ditch that would not benefit her in any way. Also in opposition was Arthur Abendschein. He stated that the pipe add to their problems, and they should not have to pay for something that would not benefit them. Charles Hamilton, Lot 22, concurred with Mrs. Guthrie and Mr. Abendschein that this would not benefit them because the water does not drain from their property into the ditch or drain from the lots, and they should not have to pay. Since there were none further to be recognized, Mayor Hurley closed the public hearing portion. There was lengthy discussion on this matter, mainly concerning how this improvement will or will not benefit the property owners on the south side. Mr. Walker responded that this will benefit them but not as much as the north side. However, extra pipe can be installed at additional cost that will further aid the surface drain off. Mr. Cogswell responded to Mr. McBryde's request to inform the audience of how a property owner can be exempted from the Assessment by stating there will be a public hearing after the work has been done before final assessment, and if the property owner can prove they had not benefited by the improvement, Council can vote to exempt them from the assessment. This has happened in the past. Councilmember McBryde moved to adopt the resolution of final ordering construction of storm sewer and drainage system in a portion of The Greens Subdivision, seconded by Councilmember Kendrick. Councilmember Jones stated that the City has committed to aid in this problem in the past by having open ditch and fencing it in, and the City has taken care of two other problems that cost just as much as this project. Therefore, he offered a substitute motion to install the pipe at the City's cost, seconded by Councilmember Ross. Following some further discussion, Mayor Hurley called for a vote on the substitute motion and it failed 2 to 6, with Councilmembers Jones and Ross voting for and Councilmembers McBryde, Dawkins, Evans, Kendrick, Johnson, and Torrey voting against. Mayor Hurley then returned to the original motion to adopt the resolution and it carried 6 to 2, with Councilmembers Ross and Jones voting against. The resolution title is as follows: FINAL RESOLUTION ORDERING ThE CONSTRUCTION OF A STORM SEWER AND DRAINAGE SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, IN A PORTION OF THE GREENS SUBDIVISION. RESOLUTION NO. R1987-74. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1987. B. Consideration of a resolution approving the paving of Chesapeake Road from the western margin of College Lakes, Section Ten (Plat Book 35, page 22, Cumberland Country Registry) to McArthur Road. This item was presented by Agnes Bundy. She stated that this is 150 foot section previously accepted by the City and the one property owner has signed a petition. This is a public hearing that was advertised and the property owner notified. The City Engineering Department recommended that this be paved. There was no one appearing for or against this item. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (PAVING CHESAPEAKE ROAD). RESOLUTION NO. R1987-75. Councilmember Dawkins introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1987. 4. Consideration of acceptance of Traffic Grant. Mr. Smith stated that approval of this item would authorize formal application for the Grant. LOCAL GOVERNMENT RESOLUTION ENTITLED, “SELECTIVE DWI/SPEED TASK FORCES.” RESOLUTION NO. R1987-76. Councilmember Dawkins introduced the foregoing resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1987. 5. Consideration of request to pave Chase Street from Blount Street to Gillespie Street. Councilmember Dawkins offered motion to adopt the resolution setting a public hearing for September 21, seconded by Councilmember Evans and carried unanimously 8 to 0. Mrs. Bundy brought to Council's attention that acquisition of right-of-way will be required and had been omitted from the memo in the Council's packet. Mayor Hurley rescinded the previous action and Mrs. Bundy presented the information concerning the right-of-way deeded. There was some discussion and concerns expressed. Mr. Smith suggested a public hearing be seat, and if Council was not ready to take action at that time, they could hear the public hearing and take action at a later date. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF CHASE STREET FROM GILLESPIE STREET TO BLOUNT STREET. RESOLUTION NO. R1987-77. Councilmember Evans introduced the foregoing resolution and moved its adoption to set the public hearing for September 21, seconded by Councilmember Jones and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolutions Book R1987. 6. Consideration of 1987-88 Parks Improvement Program as recommended by the Parks and Recreation Advisory Commission. Councilmember Dawkins offered motion to approve the allocation of $473,379 for Park Improvements for the fiscal year 1987-88, seconded by Councilmember McBryde. Following some discussion, questions and answers of Chairman Saunders and Director Wilson, Mayor Hurley called for the vote. The motion carried unanimously 8 to 0. 7. Consideration of reallocation of funds from Section 9 of the Urban Mass Transportation Act of 1964. Councilmember McBryde offered motion to follow the City Manager's recommendation to reallocate the funds from Section 9 of the Urban Mass Transportation Act of 1964 as amended, seconded by Councilmember Jones and carried unanimously. 8. Consideration of Letter of Election with Carolina Telephone and Telegraph Company (new telephone system). Mr. Stancil presented this item stating that the agreement is basically determining the method of payment for the change in the administration telephone system. He briefly explained the system which would consolidate City Departments including Police and Fire in one telephone system and everyone would have a seven-digit number accessible 24 hours. Also this would save approximately 25 percent on the annual telephone bill. There is as attachment to the agreement that says if we move to a new City Hall in downtown within the next three years, we would not be penalized. Councilmember Evans offered motion to approve as recommended, seconded by Councilmember Jones. Following lengthy discussion, Mayor Hurley called for a vote and the motion carried unanimously 8 to 0. 9. Consideration of exchange of weapons between city of Fayetteville and National Police Supply Company. Mr. Cogswell stated that this is an effort to dispose of numerous surplus weapons no longer needed by the Fayetteville Police Department. As part of the exchange we will be getting 17 new Ruger P85 9MM pistols plus $138.60. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE EXCHANGE OF WEAPONS. RESOLUTION NO. R1987-78. Councilmember Evans introduced the foregoing resolution to advertise, seconded by Councilmember Ross and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 10. Consideration of revision to Section 2-3, “Authority of Mayor Pro Tem,” of the Fayetteville City Code. The City Attorney presented this item. Following lengthy discussion concerning how this action is different from what is now being done, the City Manager responded as example, should an emergency within the City arise such as a disaster, and the Mayor was out of town, then a meeting consisting of at least five members would have to be called to give the Mayor Pro Tem authority to act on the disaster. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REPEALING SECTION 2-3, AND CREATING A NEW SECTION ENTITLED, “AUTHORITY OF MAYOR PRO TEM.” ORDINANCE NO. S1987-32. Councilmember Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Ross. At this time, Councilmember Torrey requested to discuss how to choose the Mayor Pro Tem instead of the duties. He stated this is a legal question which was referred to the Policy Committee at the first Council meeting after the election and has not been resolved. Councilmember McBryde, Policy Chairman, responded that it was referred to staff to be brought back to Council closer to election time. Councilmember Torrey offered motion to resolve this matter tonight. Mayor Hurley stated that there was a motion on the floor and this is a different matter which should be brought up later. Therefore, he called for the vote on the motion to adopt the Ordinance and it carried unanimously 8 to 0. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1987. 11. Appointments: A. Election of nominees to Board of Adjustment Councilmember Kendrick offered motion to elect John Canady by acclamation to complete the term ending July 1989, seconded by Councilmember Jones and carried with six members voting. B. Election of three regular members and one alternate. Councilmember Johnson corrected the spelling of Mr. Carlisle to Cecil Carlyle. Mayor Hurley then stated that Council would be voting for four members. The top three serving regular terms and the fourth highest vote getter to serve as alternate. The voting was as follows: Cecil Carlyle, three votes; Crawford McKeithan, six votes; Linwood Hunter, five votes; Walter Moorman, six votes; Davetter Shephard, three votes; Wayne Eaton, one vote; and Floyd Jenkins, three votes. Mr. McKeithan, Mr. Hunter, and Mr. Moreman were elected to serve three-year terms to begin in September 1987 and ending July 1990. Mayor Hurley then called fob a vote on the three-way tie for Alternate and the voting was as follows: Mr. Carlyle, four votes; Mrs. Shephard, three votes; and Mr. Jenkins, one vote. Therefore, Mr. Carlyle will serve a three-year term beginning September 1987 and ending July 1990 as Alternate. 12. Administrative Reports: A. Statement of taxes collected for the month of July, 1987, from the Cumberland County Tax Collector. Mr. Smith presented the statement of taxes collected for the month of July 1987. B. Statement of settlement of current taxes for period July 1, 1986, through June 30, 1987, from the Cumberland County Tax Collector. The statement of settlement of current taxes for period 86-87 was presented. C. Mr. Smith stated that Public Works Commission wants a joint meeting to discuss the award of a contract for combined Cycle Steam Electric Generating Unit Project, and did not feel they could be ready by the regular information meeting on August 24. However, they need approval by the end of August. Mr. Smith suggested cancelling the information meeting of August 24, and set a special joint meeting with PWC for August 31. Councilmember Dawkins offered motion to follow the recommendation, seconded by Councilmember Jones, to set a special meeting for August 31 with Public Works Commission and cancel the regular information meeting for August 24, carried unanimously 8 to 0. At this time Councilmember Johnson stated he had talked with the railroad people in Rocky Mount and Florence and the local man concerning the trains blocking the crossings downtown. He stated they could remedy the crossing south of Whitfield Street by fixing the arm across the road to stay up until the southbound train did come along. Councilmember Torrey requested to discuss the matter of selecting Mayor Pro Tem at this time. Mayor Hurley suggested this be an item placed on an Agenda. Councilmember McBryde responded again that the Policy Committee had requested that staff bring this matter back closer to election time. Councilmember Dawkins suggested this matter for the new Council to decide. Councilmember McBryde stated that they can make a policy, but the new Council can change the policy. Councilmember McBryde offered motion to enter executive session for litigation at 9:27 p.m., seconded by Councilmember Jones and carried unanimously. Council reconvened into regular session at 10:55 p.m. Mr. Cogswell recommended that Council authorize him to represent Leamon Munn, City employee of the Sanitation Department, in the case of Rufus Memory vs. City of Fayetteville and Leamon Munn. Councilmember McBryde offered motion, seconded by Councilmember Kendrick, to follow the recommendation and carried unanimously. There being no further business the meeting was adjourned at 10:57 p.m. SPECIAL MEETING MONDAY, AUGUST 24, 1987 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER MONDAY, AUGUST 24, 1987 7:00 P.M. Present: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Staff Services Robert C. Cogswell, Jr., City Attorney Mayor Hurley called the meeting to order. The invocation was offered by Councilmember Johnson. Upon motion by Councilmember McBryde, seconded by Councilmember Jones, the Council voted unanimously to convene into executive session for the purpose of discussing litigation. Upon reconvening into regular session, the meeting was adjourned. SPECIAL MEETING WITH PUBLIC WORKS COMMISSION MONDAY, AUGUST 31, 1987 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING WITH PUBLIC WORKS COMMISSION CITY HALL COUNCIL CHAMBER MONDAY, AUGUST 31, 1987 7:00 P.M. Present: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick Public Works Commission members James R. Warner, Robert C. Williams, Thomas M. Mccoy, and William H. Owen, III John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations John B. Brown, Jr., Assistant City Manager for Staff Services Robert C. Cogswell, Jr., City Attorney Timothy Wood, PWC Manager Mayor Hurley called the meeting to order, and Councilmember Dawkins offered invocation. After the Pledge of Allegiance to the Flag, the Council heard a presentation from the Public Works Commission concerning the Combined Cycle Steam Electric Generating Unit Project. These presentations were bade by PWC Chairman James R. Warner and Project Manager Steve Blanchard. Upon motion by PWC commissioner Robert Williams, seconded by Commissioner Thomas McCoy, the Public Works Commission voted unanimously to adopt the Public Order to contract with the General Electric company. Upon motion by Councilmember Dawkins, seconded by Councilmember McBryde, the Council voted unanimously to adopt Resolution Number R1987-79 approving the contract with the General Electric Company. Upon motion by Councilmember Dawkins, seconded by Councilmember McBryde, the Council voted unanimously to convene into executive session for the purpose of discussing litigation. Upon returning from executive session the Council heard an update report on the CBD Loop Project from City Engineer Bob Bennett. Council also received a report on the Truck Route Ordinance from Mr. Bennett. Upon completion of the report, Council asked the staff to review the truck route and report back to the Streets and Roads Committee. There being no further business, the meeting was adjourned. REGULAR MEETING TUESDAY, SEPTEMBER 8, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, SEPTEMBER 8, 1987 7:00 P.M. Present: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Marc Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations Robert C. Cogswell, Jr., City Attorney Richard Herrera, Community Services Director Mike Walker, Assistant City Engineer Louis Chalmers, Assistant City Engineer for Traffic Ronald E. Hansen, Chief of Police Gordon Allen Mitchell, Deputy Director City/County Planning Department Press Mayor Hurley welcomed everyone to the first meeting in September being held on Tuesday due to the Labor Day holiday. Following the invocation offered by Reverend Clarence Warren of the North Carolina United Methodist Conference, Mayor Hurley lead the Pledge of Allegiance to the American Flag. He recognized the Boy Scout Troop 957 of The Manna Church. The City Attorney had requested an executive session for litigation. Approval of Agenda: Councilmember Jones and the City Manager requested that item 2(g) be pulled from the agenda. Mr. Smith stated this matter should go before the Policy Committee. Councilmember Kendrick offered motion to approve the agenda excluding item 2(g), seconded by Councilmember McBryde and carried unanimously. Consent: Councilmember Evans offered motion to approve the consent items with the deletion of item 2(g) and adopt resolutions, seconded by Councilmember Ross and carried unanimously. The consent items are as follows: Approval of minutes of regular meeting of August 17, 1987. Approval of minutes of special meeting of August 24, 1987. Approval of minutes of special Council/PWC joint meeting held on August 31, 1987. Approval of a request for a refund of City taxes to Thomas C. Wood in the amount of $5.19. Approval of the initial zoning to C1 Local Business District or to a more restrictive zoning classification for an area located on the south west side of McArthur Road (S.R. 1600), west of Rosehill Road (S.R. 1615). (Case P87-104) Approval of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 1704 Pamalee Drive. (Case P86-106) Approval of request from Officer Stan Stankiewicz for service weapon and badge upon his retirement from the Fayetteville Police Department on October 1, 1987. (This item was pulled from the agenda.) Approval of bid award for construction of North Fayetteville Force Main to Carlisle Contractors, Inc., the low bidders. (PWC) Approval of bid award for purchase of fork lift truck to Southland Rentals, Inc., the low bidder. (PWC) Approval of bid award for purchase of Open Channel Wastewater Flow Metering Equipment to Marsh-McBirney, Inc., the only valid bidder. (PWC) Approval of award of contract for purchase of City uniforms and shoes to American Uniform Sales, Inc., of Fayetteville, the lowest responsible bidder. Approval of exchange of weapons between City of Fayetteville and National Police Supply Company. RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL AUTHORIZING THE EXCHANGE OF WEAPONS. RESOLUTION NO. R1987-80. Adoption of resolution setting public hearing for October 5, 1987, to consider paving assessment of the following streets: Prince Charles Drive from Arbor Road to Hampton Road Arbor Road from Stacy Weaver Drive to Kenwood Drive Poinciana Lane from Coronado Parkway to Eldorado Road Catalina Road from Eldorado Road to Poinciana Lane Eldorado Read frown southeastern corner Lot 72, Plat Book 25, Page 23, Poinciana Lane. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR PAVING OF PRINCE CHARLES DRIVE FROM ARBOR ROAD TO HAMPTON ROAD; ARBOR ROAD FROM STACY WEAVER DRIVE TO KENWOOD DRIVE; POINCIANA LANE FROM CORONADA PARKWAY TO ELDORADO ROAD; CATALINA ROAD FROM ELDORADO ROAD TO POINCIANA LANE; AND ELDORADO ROAD FROM SOUTHEAST CORNER LOT 72, PLAT BOOK 25, PAGE 23, TO POINCIANA LANE. RESOLUTION NO. R1987-81. Adoption of resolution setting public hearing for October 5, 1987, to consider preliminary assessment role for installation of water and/or sanitary sewer utilities. (PWC) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL, AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR INSTALLATION OF WATER AND/OR SANITARY SEWER UTILITIES (OCTOBER 5, 1987). RESOLUTION NO. R1987-82. Approval of Municipal Agreement with NC Department of Transportation for biannual inspection of City-owned bridges. (A copy of the resolution is attached to the original minutes.) Approval of Airport Use Agreement between Fayetteville Airport Commission and Air Cargo Carriers. Approval of Concession Agreement between Fayetteville Airport Commission and Air Terminal Services, Inc. Adoption of Budget Ordinance Amendment 88-6. Authorize advertisement for the sale of Parcel 1P-10A, Wilmington Road Development Area to Mount Carmel Baptist Church for the sum of $10,200. Authorize advertisement for the sale of Parcel A-4, Murchison Road Redevelopment Area to Odis Blackmon for the sum of $500. Reset public hearing for September 21, 1987, to consider an application by Barbara Taft Leach for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-24, Item (3) to operate a home for the care of children in an R5A Residential District for an area located at 4868 Bickett Street. Copies of the foregoing resolutions are on file in the City Clerk's Office in Resolutions Book R1987. Public Hearing: Consideration of a resolution ordering the paving pursuant to petition of Carolina Avenue from end of existing pavement westerly to cul-de-sac. This item was presented by Assistant City Engineer, Mike Walker, stating that this was an order for paving by petition and notices were sent to the resident: for the tonight's advertised public hearing. There was no one to appear for or against this paving. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN. RESOLUTION NO. R1987-83. Councilmember Dawkins 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 City Clerk's Office in Resolutions Book R1987. 4. Planning Board Matters: A. Consideration of the rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 112 Underwood Street, 637 and 639 North Street. (Case P87-99) Al Mitchell presented this item and it was established that this item had been brought before Council last year. Planning staff had recommended denial at that time also. Following some discussion, Councilmember McBryde offered motion to set a public hearing at the earliest possible date (October 5, 1987), seconded by Councilmember Jones and carried unanimously. 5. Consideration of change of name of Fayetteville Municipal Airport (Grannis Field) to Fayetteville Regional Airport (Grannis Field). RESOLUTION NO. R1987-84. Councilmember Dawkins offered motion to adopt the foregoing resolution to rename the Fayetteville Municipal Airport (Grannis Field) to Fayetteville Regional Airport (Grannis Field), seconded by Councilmember Ross and carried 8 to 1 with Councilmember Johnson voting against. A copy of the foregoing resolution is on file in the City Clerk's Office in Resolutions Book R1987. 6. Consideration of revision to Traffic Schedule Number 6 - Stop Intersections at Northwest Avenue and Walstone Road. This item was presented by Louis Chalmers, Assistant City Engineer for Traffic, stating that citizens had requested this stop sign be removed to enable traffic to flow freely and the Engineering Department is recommending adoption of the traffic schedule ordinance. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS197-22. Councilmember Dawkins introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Jones and carried unanimously. A copy of the foregoing resolution is on file in the City Clerk's Office in Resolutions Book R1987. 7. Consideration of award of bids for construction of Mall Linkages, Phase I - Anderson Street from Old Street to Maiden Lane. Assistant City Engineer, Mike Walker, presented this item recommending that Council award to the low bidders in each category: General construction - Evans Paving Company, and landscape construction - Allen and Company Landscape Contractors, Inc. In addition to this contract work the City is to purchase lighting fixtures, tree grates and guards, one trash receptacle, and one bench totalling $24,600.00. A small contingency of five percent is requested to cover unforeseen construction conditions for a total project cost of $99,600.00. Councilmember Dawkins questioned the problem with the benches in that area or in the area of the Mall, and requested the staff give a report on the status of the benches. Mr. Stancil responded that the problem had been the special purple heart wood from Africa not being available. They have changed to mahogany since it would age out to the appearance of the existing benches. Following some further discussion Councilmember Jones offered motion to award to the lowest bidder, Evans Paving Company in the amount of $66,853.00, and Allen and Company Landscape Contractors, Inc. in the amount of $3,135.00, and the five percent contingency in addition to the additional items for a total project cost of $99,600.00, seconded by Councilmember McBryde and carried unanimously. 8. Consideration of ordinances rescinding and adding to Traffic Schedules 10, 11, and 17. This item was presented by Mr. Chalmers. There was lengthy discussion concerning the problems with the buses parking on one side of the street, and property owners also parking on the street making it difficult for the property owners to get out of their driveway. Also, with the buses being serviced, it is impossible for routine traffic, Fire trucks and other emergency vehicles to get into and out of the area. Councilmember Johnson offered motion to set a public hearing at the earliest possible date, seconded by Councilmember Jones. There was some further discussion concerning where the buses could park. Councilmember Evans offered substitute motion to adopt Ordinances changing the parking area to a loading and unloading zone for school children on Westlawn upon notifying the School Board and installing the signs, seconded by Councilmember McBryde and carried unanimously. The Ordinance titles are as follows: AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (TRAFFIC SCHEDULE NO. N-LOADING AND UNLOADING) ORDINANCE NO. NS1987-23. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (TRAFFIC SCHEDULE NO. 11-PARKING PROHIBITED) ORDINANCE NO. NS1987-24. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (TRAFFIC SCHEDULE NO. 17-RESTRICTED PARKING) ORDINANCE NO. NS1987-25. Copies of the foregoing Ordinances are on file in the City Clerk's office in Ordinance Book NS1987. 9. Consideration of a request from Councilmember Pillow to reconsider an ordinance limiting the number of dogs. Mr. Smith reviewed what has taken place on this item since it was first presented to Council in July, 1985 and the section dealing with the number of dogs has been tabled since October, 1985. Mr. Cogswell stated that the present City Code does not address kennels and the Planning Department had recommended the addition of licensed breeders and licensed hunters. No action was taken on this section before it was tabled. Councilmember Dawkins offered motion to refer this item to administration for reconsideration and recommendation and for a public hearing to be held at the earliest possible date, seconded by Councilmember Jones. There was some further discussion before a vote was called on the motion which carried 8 to 1 with Councilmember Torrey voting against. At this time Mayor Hurley recognized Mrs. Bo Thorpe with the Fayetteville Little Theatre referring to her as the “First Lady” of Little Theatre in Cumberland County. 10. Consideration of operating agreement with the Fayetteville Little Theatre for the USO Building. Following Mr. Stancil's presentation, Councilmember McBryde offered motion to authorize the City Manager to execute the agreement as recommended, seconded by Councilmember Dawkins and carried unanimously. 11. Appointments: A. Nominations to fill two full-term vacancies on the City/County Senior Citizens Advisory Commission. Councilmember Ross nominated Mr. Ray Morton and Councilmember Jones nominated Mrs. Catherine Hobbs. Nominations remained open until next meeting. B. Nominations to fill one unexpired term on City/County Senior Citizens Advisory Commission. No nominations were made. 12. Administrative Reports: A. Report on street resurfacing lists: 1. Addition to present contract. 2. List of streets for new contract. Mr. Walker presented a resurfacing list for items 1 and 2. Councilmember McBryde offered motion to send both lists to the Streets and Roads Committee, seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Johnson doting against. B. Report on multi-way stop locations and speed limits in Tallywood and Skye Drive areas. Mr. Smith presented the traffic report on a follow-up of the Tallywood and Skye Drive areas. C. Report on sidewalk bond project. Mr. Smith presented a listing of the proposed sidewalk projects. There was some discussion and it was suggested that this be put on the next information meeting agenda. D. Report on Crime Statistics Chief Hansen submitted this report stating that with the 18 new officers the goal of 198 officers has now been met. Chief Hesen gave a lengthy and thorough report covering 16 items which included various programs, studies, projects, and reports. There was some discussion concerning the crime rate in the Haymount area. Also mention was made of the protective vests that had been donated and it was noted that more were needed. Council expressed appreciation to the Police Department. At this time, Councilmember Dawkins extended best wishes to the upcoming marriage of Fayetteville Times reporter Lorry Williams. Councilmember Kendrick offered motion for executive session for litigation, seconded by Councilmember Jones and carried unanimously at 9:30 p.m. Council reconvened into regular session at 9:56 p.m., and there being no further business, the meeting was adjourned. REGULAR MEETING MONDAY, SEPTEMBER 21, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, SEPTEMBER 21, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Ida Ross, Thelbert Torrey, Samuel Johnson, Mark Kendrick, and Joseph Pillow (arrived 7:12 p.m.) ABSENT: Councilmember Jimmie Jones - excused absence OTHERS PRESENT: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations Robert C. Cogswell, Jr., City Attorney Richard Herrera, Community Services Director Robert M. Bennett, City Engineer Gordon Allen Mitchell, Deputy Director, City/County Planning Department Jerome Brown, Transit Director Janice Gerald, Community Development Director Members of the Press Mayor Hurley welcomed everyone to the meeting. The Invocation was offered by Councilmember Torrey followed by the Mayor leading the Pledge of Allegiance to the Flag. The Mayor reminded the City Clerk that Councilmember Jones-had an excused absence due to illness. Mayor Hurley recognized six year old Erica Hughey, Sickle Cell/Anemia Poster Child. He also recognized Mary James, Chief Nurse at Fayetteville Technical Institute, who gave a history of Erica's background. She is a triple winner in that she has gained local, state, and national recognition as a poster child and will be meeting the President during her reign. Mayor Hurley presented Erica with a stuffed musical bear and a key to the City. There were no youth members present at the meeting. 1. Approval of Agenda Councilmember Kendrick offered motion, seconded by Councilmember Torrey to approve the agenda and it carried unanimously 8 to 0. 2. Consent: Councilmember McBryde requested that Item 2B be pulled for discussion. Councilmember Ross offered motion to approve the consent agenda excluding Item 2B and adopt the resolution, seconded by Councilmember Torrey and carried with a unanimous voice vote 8 to 0. The consent items are as follows: A. Approval of minutes of regular meeting of September 8, 1987. B. Adoption of Capital Project Ordinances 88-840, 88-841, and 88-873. (Pulled for discussion.) C. Award of contract for Traffic Control Signs to vulcan Signs, the low bidder. D. Award of contract for Leaf Machine to McCune Technology, the low bidder. E. Adoption of resolution revising Resolution 1986-135 and 1987-65. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REVISING RESOLUTIONS R1986-135 AND R1987-65. (ANNEXATION ELECTORIAL DISTRICTS) RESOLUTION NUMBER R1987-85. A copy of the foregoing resolution is on file in the Clerk's Office in Resolution Book R1987. F. Approval of bib award for construction of Sanitary Sewer Interceptor Line “V,” Part II, to Frank Home Construction, Inc., the low bidder. (PWC) G. Approval of bid award for construction of East Fayetteville Force Main (a portion of Locks Creek Sanitary Sewer Interceptor) to Bryant Electric Company, the low bidder. (PWC) H. Approval of bid award for purchase of three dual voltage power transformers to Westinghouse Electric Supply Company, low evaluated bidder. (PWC) 2B. Adoption of Capital Project Ordinances 88-840, 88-841, and 88-873. Councilmember McBryde inquired about Section B of Item 2B concerning crime victims programs asking if this program will be in conflict with the Victim's Assistance Program already in town. He also asked if there was a possibility of adding a staff person and a $45,000 budget that we will have to pick up next year. Mr. McBryde inquired as to why we applied for this grant since there is already a program in existence. The City Manager responded that there was some concern about that previously, particularly by the State, however, the problem must have been worked out on that level since the State approved the grant and Council approved the grant application some time ago. Tonight's action would let us spend the money. Following some further discussion, Councilmember McBryde offered motion to adopt the Capital Project Ordinance 88-840 (Item A) and 88-873 (Item C) and to Table Item B (88-841) until the City Manager can furnish further information, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 3. Report from Policy Committee regarding assessment discounts. Committee Chairman McBryde reported that the Policy Committee met on September 15 and submit the following recommendations for Council's consideration: 1. Discounts for early payments of assessments - recommends the adoption of a 30 percent discount for early payment of the assessments to be in effective for the remainder of Fiscal Year 87-88. They further recommend that the policy be reviewed at the end of the fiscal year to determine if it should be continued, discontinued, or amended. Councilmember Evans offered motion to approve the Committee decision on assessments and adopt the resolution to be in effective until June 30, 1988, seconded by Councilmember Kendrick. Councilmember Dawkins asked if this 30 percent discount applies to all or is this either/or concerning water, sewer, drainage and streets. Councilmember McBryde responded that this is applied to either one or all. Councilmember Dawkins also made mention of the increase of paving assessment on January 1 from $4.00 per front foot to $10.00. Therefore, everyone wouLd want to get their streets paved before that time. Following further discussion on the motion, Mayor called for a vote and the lotion carried unanimously 8 to 0. The resolution title is as follows: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING SCHEDULE OF DISCOUNTS FOR ASSESSMENTS. RESOLUTION NUMBER R1987-86. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. Item (2) and (3) of Item 3 are on the agenda as separate items. Item (4) concerning unmedicated, unpaved streets and/or no water or sewer service was discussed. It was suggested that Mayor Hurley appoint a special committee to study the problem of City residents who live on unmedicated streets and/or do not have water or sewer service available. Mayor responded that he would appoint this committee and asked for any volunteers from the Councilmembers. At this time, Councilmember Dawkins, Chairman of the Streets and Roads Committee, at a meeting for Monday, September 28, at 1:00 p.m. at the Kyle House Conference Room. 4. Public Hearings: A. Consideration of an application by Barbara Taft Leach for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Chapter 32, Article IV, Section 32-24, Item (3) to operate a home for the care of children in an R5A Residential District for an area located at 4868 Bickett Street. (Case P87-96) Al Mitchell presented this item and stated that the Planning Board recommended approval with the following conditions: 1. That the proposed day care center use will fit in with the character of the area and will not be detrimental to the surrounding neighborhood. 2. That the proposed use be located in the apartment complex community building as indicated and shown on the site plan. 3. That all signage for this use shall be in accordance with the applicable sign regulations as set forth in Chapter 3 of the Fayetteville City Code of Ordinances. Mayor Hurley opened the public hearing and recognized Barbara Leach, petitioner, who stated that this facility is incorporated and a non-profit organization. Ms. Leach has 15 years experience, has children of her own and feels very qualified to run this business. She feels is much needed in that area and the residents had invited her into that area. Also appearing in favor was Dianna Johnson, Residence Service Coordinator for Fayetteville Metropolitan Housing Authority. They are very supportive of Ms. Leach. She has done a very good job in the Blueberry Court area. There was none to appear in opposition to this matter. Councilmember Evans offered motion to approve the Special Use Permit with all the conditions recommended by the Planning Board, seconded by Councilmember Ross and carried unanimously 8 to 0. B. Consideration of paving assessment of Lambert Street from Oakridge Avenue to Dead End at the western end of the Gill property. City Engineer Bob Bennett, presented this item and stated that the proposed assessment roll would be adjusted to reflect the policy of offering the 30 percent discount. All abutting property owners have been notified of this advertised public hearing. There was none to appear in favor of this paving. Appearing in opposition, was Robert W. Drake, 714 Emeline Avenue, owner of property on the corner of Oakridge and Lambert. He stated he appeared in opposition when the first proposal for street paving came before Council and it was paved anyway. He feels this paving was done for Mr. Hornaday and the people who developed the back of the area. Mr. Drake further stated that crime has increased in the area since it was paved as well as traffic accidents and he feels that his property value has decreased instead of increasing in value. Mr. Drake also stated that at a previous meeting the City Attorney stated that exceptions could be made if the property value decreased. There being no further requests for recognition, the public hearing was declared ended. The City Attorney responded that in the past Council has approved all but that property in question and asked the property owner to present evidence, normally through an appraiser, and giving that person time to do this, or Council can put the whole item on the shelf. Councilmember Dawkins offered motion to adopt the assessment roll and levying the assessment and give Mr. Drake 30 days to present evidence that he should not be assessed. Mr. Cogswell offered a suggestion for clarification as to the motion and Councilmember Dawkins withdrew his motion. He then offered a motion to adopt the assessment roll and levying assessment with the exception of Mr. Drake's property and to act on this property assessment at the second meeting in October, seconded by Councilmember McBryde. Mr. Drake requested to address Council and Mayor Hurley reminded him that the public hearing had ended, therefore he would need five votes from Council to bear him further. There were five voice votes to hear Mr. Drake. Mr. Drake stated the street that was paved was a side street and he has maintained it for the 35 years they have been living there by having it graded when it needed to be graded. The street only goes to the apartments and is of no further benefit. At this time, the City Attorney made a statement for clarification concerning the 30 percent discount. He stated that statute requires a waiting period of 20 days to advertise and the 30 percent discount falls in place after the notice in the paper. He suggested that we wait until after the second meeting in October to begin this process. Following some further discussion, Mayor Hurley called for the vote on the motion and it carried unanimously 8 to 0 at 7:50 p.m. The resolution title is as follows: RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (PAVING LAMBERT STREET). RESOLUTION NUMBER R1987-87. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. C. Consideration of paving assessment of Moore/Bruner Street from Hillsboro Street to Murchison Road. This item was presented by Mr. Bennett who stated that this was an advertised public hearing and property owners had been notified. This assessment roll will also be adjusted to reflect the 30 percent discount. There was no one to appear for or against this paving assessment. Councilmember Johnson offered motion to adopt final assessment resolution, seconded by Councilmember Torrey and carried unanimously 8 to 0 at 7:53 p.m. The resolution title is as follows: RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS (MOORE/BRUNER). RESOLUTION NUMBER R1987-88. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. D. Consideration of paving, pursuant to petition, of May Street from Trade Street to Powell Street. Mr. Bennett presented this item and stated that it was an advertised public hearing for consideration of paving May Street pursuant to petition and abutting property owners had been notified. There was no one appearing for or against. RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (PAVING MAY STREET). RESOLUTION NUMBER R1987-89. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. E. Consideration of paving, without petition, of Chase Street from Gillespie Street to Blount Street. Mr. Bennett presented this item and stated that a petition presented for this paving did not have adequate signatures due to out-of-town property owners, therefore this request is without petition. Abutting property owners have been notified of this advertised public hearing. Appearing in favor of the paving was Tillman B. Jackson, 1641 Banberry Drive, Chase Street property owner, and Lillian Malloy, 120 Chase Street, who concurred that the dust was a health problem for this entire area. Appearing in opposition was Willis DeVane on behalf of his mother, Ethel R. DeVane, Chase Street property owner, stating that this paving would serve as no public interest. There are only about 12 cars that travel this street and if it is paved it should be one-way instead of two-way because it is narrow. Mr. DeVane requested a 24-hour delay on action by Council to give his attorney time to file a brief as to their dissent on this paving. The City Attorney responded that there was no need for a brief to be filed. Council has the authority to either approve or disapprove. There was some discussion concerning the one-way suggestion of Mr. Devane and Mr. Bennett replied that in his opinion this would be safe as a two-way street. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF CHASE STREET FROM GILLESPIE STREET TO BLOUNT STREET. RESOLUTION NUMBER R1987-90. Councilmember Ross introduced the foregoing resolution and moved in adoption, seconded by Councilmember Evans and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. F. Consideration of adoption of Section 504 Transportation Plan. Jerome Brown presented this item and stated that this is the advertised public hearing. The purpose of the 504 plan is to ensure compliance with section 504 of the Rehabilitation Act of 1973. This act essentially prohibits discrimination against the physical handicapped in the provision of transportation services. Mr. Brown presented replacement pages number 6 dealing with cost and number 8, dealing with compliance efforts for the Plan. Following a review of this information, Mr. Brown stated that basically this Plan is an overview of what is happening now. Following remarks and questions from Councilmembers, Mayor Hurley opened the public hearing. There were no proponents or opponents to appear on this matter. Councilmember Johnson offered motion to adopt the Section 504 Plan, seconded by Councilmember Evans and carried unanimously 8 to 0. 5. Consideration of revisions to Traffic Schedule Number 11 - Parking Prohibited. A. Both sides of Ann Street from Grove Street to Lamon Street. B. West side of Grove Street from Lamon Street to Gray Street. Mr. Bennett presented this item and stated that Ann Street from Grove Street northwardly to Gray Street has become heavily traveled with trucks going to and from the County landfill. He stated that Jack Wilson, Director of Parks and Recreation sited the difficulty of vehicles traveling these two streets when cars are parked on both sides and feels that he can provide ample parking for events. Mr. Bennett stated that the Engineering Department believes the traffic conditions warrant elimination of parking on both sides of Ann Street from Grove Street to Lamon and the West side of Ann Street From Lamon Street to Gray Street. AN ORDINANCE AMENDING CHAPTER 20 “MOTOR VEHICLES AND TRAFFIC” OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (TRAFFIC SCHEDULE NUMBER 11 (ANN AND GRAY STREET). ORDINANCE NUMBER NS1987-26. Councilmember Evans introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow and carried unanimously 8 to 0. 6. Consideration of a first reading of a new franchise with NCNG. Councilmember Dawkins offered motion to adopt the first reading of the ordinance as recommended, seconded by Councilmember McBryde and carried unanimously 8 to 0. At this time, Mayor Hurley recognized Reggie Barton who acted as Town Crier at the recent celebration for the Constitution. 7. Consideration of revision of Community Development Block Grant Rehabilitation Guidelines. Richard Herrera, Community Services Director, presented this item and recommended approval. Councilmember Evans offered motion to approve the Block Grant (CDBG) Rehabilitation Guidelines as recommended, seconded by Councilmember Ross and carried unanimously 8 to 0. Councilmember Dawkins recognized Janice Gerald, Director of Community Development, giving her credit for being able to answer any questions. 8. Consideration of requests from Cape Fear Regional Theatre and the Arts Council of Fayetteville/Cumberland County for Amendment to City Ordinance Section 5-17. Mayor Hurley recognized Carolyn Weaver with the Arts Council and Bo Thorpe with the Cape Fear Regional Theatre present in the audience. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 5-17 REGARDING CONSUMPTION OF INTOXICATING LIQUOR ON PUBLIC PROPERTY OF THE FAYETTEVILLE CITY CODE OF ORDINANCES. ORDINANCE NUMBER S1987-33. Councilmember McByrde introduced the foregoing ordinance and moved its adoption, seconded by Councilmember Pillow, carried 7 to 1 with Councilmember Ross voting against. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1987. 9. Consideration of appropriation for expenses for televising City Council meetings. This item was presented by the City Manager stating that upon Mayor Hurley's request, Amy Radcliff made inquiries through several sources as to services that can be provided and the cost entailed in taping the City Council meetings. If Council decides to pursue this option, she is recommending Pembroke State University services at a cost of $100.00 per meeting to cover equipment maintenance and travel expenses. The fee of $1,800.00 can come from Council contingency. Councilmember Evans stated that she feels this is a public meeting open to anyone that wants to come and tax money should not be spent to televise these meetings. Mr. Smith stated that there will be no charge by Cablevision to televise the meeting, however, there will be charge for the service of the people that tape the meetings. Following some further discussion, Councilmember Kendrick offered motion to not appropriate expenses for taping Council meetings, seconded by Councilmember Ross and carried unanimously 8 to 0. Mayor Hurley remarked that at the time he made the suggestion to check into this, he did not realize there would be a cost involved. His goal has been to make people aware of the City's business any way feasible. 10. Report from Policy Committee on the following: A. Award of sidearm for Police officers. Councilmember McBryde stated that the recommended policy submitted shows the wording that was added due to the change in the retirement system for the Police Officers. The wording is as follows: “Upon written request and the recommendation of the Chief of Police and the City Manager, the City Council may award a service sidearm for meritorious service to officers who retire in good standing with a minimum of 15 years of service with the Fayetteville Police Department with less than full retirement.” Councilmember Evans offered motion to follow the recommendation of the Policy Committee as to awarding of sidearms to Police officers, seconded by Councilmember Pillow and carried unanimously 8 to 0. Councilmember McBryde added that there had been some discussion concerning selling the sidearms to the Police Officers and the Policy Committee had voted against this. B. Election of Mayor Pro-Tem Chairman McBryde reported that this item dealt with the recommendation that the highest at-large vote-getter would be Mayor Pro-Tem. If they came from a district, they could not do that. Anyone can run at-large that wants to. Councilmembers Ross and Torrey both suggested a rotation between odd and even districts. Councilmember Johnson suggested that it be selected by popular vote among the Councilmembers. Councilmembers Evans, Dawkins, Pillow, and Kendrick concurred with the recommendation of the Policy Committee. Councilmember Evans offered motion to follow the recommendation of the Policy Committee, seconded by Councilmember Pillow. Following some further discussion, Mayor called for a vote on the motion and it carried 5 to 3 with Councilmembers Ross, Torrey, and Johnson voting against. 11. Appointments: A. Nominations to fill two full-term vacancies on the City/County Senior Citizens Advisory Commission. Councilmember Kendrick offered motion to close the nominations and appoint by acclamation Mr. Ray Morton, 119 Kennedy Street, Apartment C, and Catherine Hobbb, 107 Sherman Drive, seconded by Councilmember Ross and carried unanimously. B. Nominations to fill one unexpired term on the City/County Senior Citizens Advisory Commission. Councilmember Dawkins nominated Mr. Robert W. Drake, 714 Emeline Drive. Councilmember Evans nominated Mr. Jessie Kirkland, who will be going off the parks and Recreation Advisory Commission in October. 12. ADMINISTRATIVE REPORTS: A. Statement of taxes collected for the month of August 1987, from the Cumberland County Tax Collector. Mr. Smith submitted the statement of taxes collected for the month of August, 1987 from the Cumberland County Tax Collector. At this time, City Attorney Cogswell informed the Council that after the agenda had been presented, the latest League newsletter arrived with information on legislature concerning new concept to Zoning in North Carolina dealing with right-of-ways. He suggested that a joint meeting of the City, County, and Planning Board be scheduled in November for George Vaughan to present the concept so that the joint bodies could direct ordinances. This will be a complex situation to put on paper. He also suggested they invite all of the municipalities that use the Planning Board in order for this to be heard all at one time. Councilmember Evans suggested this be presented before the Governmental Association in November since it entailed all of these agencies. Mr. Cogswell stated he would set this up when the date of the Governmental Association meeting is known. Councilmember Pillow reminded everyone of the City/County Liaison Meeting, noon, September 24, Golden Corral Steak House, Bragg Boulevard. There being no further business, the meeting was adjourned at 9:42 p.m. INFORMATION MEETING MONDAY, SEPTEMBER 28, 1987 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, SEPTEMBER 28, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Rose, Thelbert Torrey, Joseph Pillow, Samuel Johnson, Mark Kendrick OTHERS: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations Robert C. Cogswell, Jr., City Attorney Mayor Hurley called the meeting to order and recognized City Engineer Bob Bennett for the Invocation. Following the Invocation Mayor Hurley led the audience in the Pledge of Allegiance to the American Flag. First item of discussion was the Victim Assistance Program Grant for the Fayetteville Police Department. This matter was presented by City Manager Smith. He discussed the issues of no duplication of effort and no legal obligation to continue the program after the grant is terminated. Ronald E. Hansen, Chief of police, addressed the Council concerning a survey of citizens regarding victims' assistance and the efforts of coordinating existing victims' assistance programs. Upon motion by Councilmember Dawkins, seconded by Councilmember Pillow, Council voted unanimously to accept the grant. The next item to be heard by the Council was a report from the Streets, Roads, and Transportation Committee. Councilmember Dawkins presented the report and recommended that council approve the list of streets recommended by the City Engineer for resurfacing. Upon motion by Councilmember Jones, seconded by Councilmember McBryde, Council voted unanimously to approve these lists. The next item for discussion was the priority for construction of sidewalk bond projects. City Manager John Smith recommended that the Council authorize staff to proceed with the construction of the Village Drive sidewalk giving time for an evaluation of other projects. Councilmember Evans moved that the Council give the Morganton Road sidewalk top priority with construction of one side complete within one year. This motion was seconded by Councilmember Johnson. After lengthy discussion, Councilmember Evans withdrew her motion and Councilmember Johnson withdrew his second. Councilmember Evans the moved to refer sidewalk priority list to the Streets, Roads, and Transportation Committee for formulation of a recommendation to City Council. This motion was seconded by Councilmember Kendrick and carried by a vote of 7 to 2 with Councilmembers Johnson and Ross voting in the negative. City Attorney, Bob Cogswell, reported to Council the receipt of a check in the amount of $16,396.86 for settlement of a bus accident at St. James Square with Southern Oil Company. Mr. Cogswell recommended that Council accept this check as settlement and take dismissal of the law suit. Upon motion by Councilmember Kendrick, seconded by Councilmember Jones, Council voted unanimously to follow the City Attorney's recommendation. There being no further business, the meeting was adjourned. REGULAR MEETING MONDAY, OCTOBER 5, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, OCTOBER 5, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J.L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph L. Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick 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 Tim Wood, General Manager, Public Works Commission Henry Powers, Superintendent of Water/Sewer Operations, PWC Rick Davis, Drafting Technician, PWC Wilbur Johnson, Fire Chief Duke J. Piner, Assistant Fire Chief Gerald J. McPhail, Assistant to the City Manager Richard Herrera, Director of Community Services Ronald E. Hansen, Chief of Police Josh Phillips, Public Relations, Police Department Gordon Allen Mitchell, Deputy Director, City/County Planning Department Members of the Press Mayor Hurley welcomed everyone to the first regular scheduled meeting during October. The Invocation was offered by Reverend Samuel G. Johnson, and the Pledge of Allegiance to the American Flag was led by the Mayor. Mayor Hurley noted to Council the absence of Bobbie Joyner, City Clerk. He advised that Bobbie had undergone surgery this morning and was doing well. In her stead, the Mayor welcomed Brenda Barbour, Secretary to the Assistant City Manager, Ben Brown. Mayor Hurley asked Holden Reaves to come forward. Council was reminded they had adopted a resolution to formally recognize the “Youth of the Month” from the Fayetteville/Cumberland County Youth Council. Although this award has been ongoing for a number of years, the winners will now be recognized at the Council meetings and will be an official part of the City Council records. Mr. Holden Reaves is the first recognized recipient of the “Youth of the Month” Award and was presented a Certificate of Award signed by Richard Newton, President of the Council, Morris Bedsole, Chairman of the Cumberland County Board of Commissioners; and John W. Burley, Mayor of the City of Fayetteville. Councilmember Dawkins announced there will be a meeting of the Streets and Roads Committee on Wednesday, October 14, 1987, at 1:00 p.m. in the Kyle House Conference Room to further discuss the Sidewalk Projects passed in the Bond Issue. Councilmember Dawkins also welcomed back newlywed Lorry Wilkie of The Fayetteville Times. Councilmember Ross advised there will a “first of its kind” meeting for the residents of the Savoy Heights Community to be held Thursday, October 8, 1987, 8:00 p.m., Savoy Heights Recreation Center. The Mayor will address the meeting along with representatives from the Planning Board. Ms. Ross welcomed anyone to come who may have questions or matters they would like to discuss. 1. Approval of Agenda City Manager John Smith requested Item 2Q be removed from the agenda as they are not quite ready to send that item in yet. Councilmember McBryde requested the removal of Item 2N in order that City Attorney Bob Cogswell could do some research on the item. Councilmember McBryde explained that there was no provision in the franchise for the City to be paid by NCNG to use our rights-of-way, and he had asked if it was normal for a city to be paid in cases like this and Mr. Cogswell was not sure. Mr. McBryde further stated that if it should be included, he would like same added to the franchise. Councilmember Kendrick offered motion, seconded by Councilmember Pillow to approve the agenda with consent items 2N and 2Q removed, and it carried unanimously. 2. Consent: Councilmember McBryde offered motion to approve the consent agenda excluding Items 2N and 2Q previously removed from the agenda and adopt the resolution, seconded by Councilmember Kendrick and carried with a unanimous voice vote. The consent items are as follows: A. Approval of minutes of regular meeting of September 21, 1987. B. Approval of minutes of Information Meeting of September 28, 1987. C. Approval of minutes of Streets, Roads, and Transportation Committee meeting of September 28, 1987. D. Set public hearing for November 2, 1987, to consider the paving without petition of Stanberry Street from Corrinna Street to the eastern line of the H. L. Dawson property, plat Book 17, Page 52, Cumberland County Registry, and Stanberry Court from Stanberry Street to the northeastern corner Lot 10 and the northwestern corner Lot 29, Plat Book 17, Page 52, Cumberland County Registry. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF STANBERRY STREET FROM CORRINNA STREET TO THE EASTERN LINE OF THE H. L. DAWSON PROPERTY, PLAT BOOK 17, PAGE 52, CUMBERLAND COUNTY REGISTRY AND STANBERRY COURT FROM STANBERRY STREET TO THE NORTHEAST CORNER OF LOT 10 AND THE NORTHWEST CORNER OF LOT 29, PLAT BOOK 17, PAGE 52, CUMBERLAND COUNTY REGISTRY. RESOLUTION NUMBER R1987-91. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. E. Set public hearing for November 2, 1987, to consider approval of the City's amendment to a prior application to the Department of Housing and Urban Development for inclusion of $244,800 in program income. F. Award of contract for purchase of Sternberg Street Lighting to Westinghouse Electric Supply, the lowest responsible bidder. G. Award of contract for purchase of Goose Neck Low Bed trailer to E. F. Craven Company, the lowest responsible bidder. H. Award of contract for purchase of Tractor Loader/Backhoe to North Carolina Equipment Company, the lowest responsible bidder. I. Approval of request from Officer Stan Stankiewicz for service weapon and badge upon his retirement from the Fayetteville Police Department. J. Approval of request from Officer J. Jumulon for service weapon and badge upon his retirement from the Fayetteville Police Department. K. Approval of rezoning from R5A Residential District to P2 Professional District or to a more restrictive zoning classification for an area located on both sides of Metromedical Drive, north of Village Drive. (Case No. P87-120) L. Approval of sale of parcel IP-10A, Wilmington Road-Development Area to Mount Carmel Baptist Church for the sum of $10,500. M. Approval of the sale of parcel A-4, Murchison Road Redevelopment Area to Odis Blackmon for the sum of $500. N. Adoption of a new franchise with NCNG. (second reading) (REMOVED FROM AGENDA) O. Approval of the following Capital Project Ordinances: 1. Capital Project Ordinance 88-841 2. Capital Project Ordinance 88-873 3 Capital Project Ordinance 88-801 4 Capital Project Ordinance 88-843 5. Capital Project Ordinance Change 88-6 P. Approval of Budget Ordinance Amendment 88-7 and 88-8. Q. Adoption of resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing on preliminary assessment roll for installation of water and/or sanitary sewer utilities. (Set public hearing for November 16, 1987) (REMOVED FROM AGENDA) 3. Public Hearings: Mayor Hurley reviewed ground rules that have been established for Public Hearing procedures. A. Consideration of paving assessment of the following streets: 1. Prince Charles Drive from Arbor Road to Hampton Road. 2. Arbor Road from Stacy Weaver Drive to Kenwood Drive. 3. Poinciana Lane from Coronada Parkway to Eldorado Road. 4. Catalina Road from Eldorado Road to Poinciana Lane. 5. Eldorado Road from southeast corner Lot 72, Plat Book 25, Page 23, to Poinciana Lane. City Engineer Bob Bennett presented this item. He stated that paving work has been completed and the assessment rolls have been prepared in accordance with Council's policy of $4.00 per foot with a provision for a 30 percent discount. All property owners have been notified of this public hearing. There was no one present to speak in favor of the Public Hearing. Garfield Kirby, 2905 Eldorado Drive, appeared in opposition. Mr. Kirby has two concerns: He does not approve of the driveway curbing as same has damaged both of his cars, and he does not have full knowledge of what the present taxes pay on street paving. Mayor Hurley informed that these issues would be addressed at the end of the public hearing. Vernetta Farmer, 2005 Poinciana Lane, appeared in opposition. She, too, commented on her driveway being hard to enter with a small car, and she would also like to be more knowledgeable about this assessment as she feels taxes are high enough to take care of some of this work. Robert L. Evans, 150 Stacy Weaver Drive, appeared in opposition. He questioned whether or not they are being charged twice for the paving work that was done on Arbor Road from Stacy Weaver Drive to the Winn Dixie complex or is it just for the curbing. He also asked how they arrived at the $4.00 assessment. Mr. Evans stated this street had been paved for seven or eight years but the City had to tear it up to put in water and sewer for the opposite side and then re-pave same. Mr. Bennett concurred that the street did have to be torn up to put in the utilities; and at a public hearing two years ago, Council voted to assess for the water/sewer and storm drainage as well as the paving work that had to be constructed to bring it up to the City's standards. At that time, Council set the $4.00 assessment. Mr. Evans was assured by Mr. Bennett and Council that he was not being taxed twice as he had not been assessed for the original pavement which probably had been constructed by the developer, and this is the first time the City had assessed for the work completed. Frank R. Smith, 2907 Eldorado Drive, appeared in opposition. Mr. Smith stated that the asphalt apron the City installed leading to his driveway is not going to be of benefit to him as he is in the process of putting in a concrete driveway and will take out the asphalt. Mr. Bennett replied it has been the City's policy for many years to tie in the driveways because 99 percent of the citizens wanted that done. Mr. Bennett also advised there was no extra charge for this as it was included with the total project. Ben Malone, 2915 Eldorado Drive, appeared in opposition. Mr. Malone stated he lives on the corner of Eldorado and no curb was put in front of his house. Mr. Bennett advised curbing was not continued around the entire length of his lot but just the portion where the pavement was removed for utilities and that Mr. Malone was being assessed only for that portion. In answer to Mr. Malone's questions as to the number of times the City would be doing this type of taxing, the Mayor replied this was a one-time major improvement for the area. As there was no one else that wished to address Council, Mayor Hurley returned to the two questions proposed by Mr. Kirby and Ms. Farmer. Mr. Bennett answered the question concerning curbing by stating they do not feel the curbing would damage a car if driven over at a low rate of speed. This roll-type curbing has been used by the City for many years. While some people do complain, they believe it is a trade-off between keeping the water from flushing over the curb onto private property and smoothness of driving into the yard. The other concern was with taxes and for what this assessment was paying. City Manager John Smith responded that street paving and installation of water, sewer, curbing, and storm drainage cost about $60.00 per foot. The Council is currently assessing at the rate of $4.00 per foot. If they were assessing at 100 percent, the property owner would be paying $30.00 per foot. The general taxpayer is picking up the majority of the cost. City Attorney Bob Cogswell went over the discount situation for the benefit of those in the audience. Mr. Cogswell advised between now and 60 days from tonight the citizens may receive 30 percent off of the total assessment if it is paid all at once. Councilmember Ross added she had received some calls about the curbing the City used. Councilmember Dawkins requested an on-site inspection of Mr. Kirby's and Ms. Farmer's driveway as a double-check measure. Councilmember Jones offered motion to adopt final assessment resolution, seconded by Councilmember Torrey, and carried 8 to 1 at 7:35 p.m., with Councilmember Ross voting against. The resolution title is as follows: RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS FOR IMPROVEMENT OF PRINCE CHARLES DRIVE FROM ARBOR ROAD TO HAMPTON ROAD; ARBOR ROAD FROM STACY WEAVER DRIVE TO KENWOOD DRIVE; POINCIANA LANE FROM CORONADA PARKWAY TO ELDORADO ROAD; CATALINA ROAD FROM ELDORADO ROAD TO POINCIANA LANE AND ELDORADO ROAD FROM SOUTHEAST CORNER LOT 72, PLAT BOOK 25, PAGE 23 TO POINCIANA LANE. RESOLUTION NUMBER R1987-92. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. B. Consideration of preliminary assessment roll for installation of water and/or sanitary sewer utilities. PWC Manager Tim Wood presented this item. There are 22 pages of the assessment roll for College Lakes area and 9 pages of the assessment roll for Holiday Park. Mr. Wood asked permission to delete page 7 of 22 being Lot 170, Junius L. and Edith M. Langston, 318 Stacy Weaver Drive as PWC was informed that the services were accessible to that property from Rodwell Drive prior to the annexation. Mr. Wood added that when and if the property owners decide to connect, they will pay the necessary fees. The College Lakes assessment is for water and sewer, and the Holiday Park assessment is for sewer only as water was already present. The assessment costs were derived by taking the total project cost, dividing it by the number of linear feet in the total project to get a linear foot cost. The property owners on both sides of the street are being assessed a third of the cost on a front footage basis, and PWC is assuming a third of the cost. No hookup is required at this time, but will follow Council's policy of requiring same as wells and septic tanks fail. At that time, they would be required to pay the lateral charges in effect by PWC. There was no one appearing in favor of this public hearing. Mary P. Guthrie, 200 Country Club Drive, appeared in opposition. Mrs. Guthrie stated she cannot see the interest or need for City water/sewer due to the small number of homes in this area. She further stated she is being assessed $2,586.60 for her two lots on which she has no present or near future plans to build thereon. John M. Almasie, 321 Concord Drive, appeared in opposition. Mr. Almasie stated his house is in the center of his two lots, and he is being assessed for water and/or sanitary sewer on both. He is not using PWC services nor does he plan to in the near future and does not understand why he is being assessed. PWC Manager Tim Wood answered that it is City Council's policy to assess for all the front footage and stated the property value will be enhanced by virtue of water and sewer being present on the lots. Frank E. Lee, 456 Southland Drive, appeared in opposition. Mr. Lee's first question was concerning the dollar figure per linear foot they are being assessed. Mr. Wood advised the water main assessment was $3.72 per front foot and the sanitary sewer main assessment was $5.86 per front foot. Mr. Lee's second question was concerning what portion of his three lots (118, 119, and 120) was being assessed. Mr. Wood advised that he was being assessed for his property as it fronts on Southland Drive. Mr. Lee also asked if water/sewer ended on Concord and did not connect into Southland to which Henry Powers, Superintendent of Water/Sewer Operations (PWC) advised that water does connect but sanitary sewer does not. Mr. Lee also questioned the fact that sanitary sewer does not go but halfway down one of his lots. Mr. Wood answered that it only takes it as far as necessary to service the lot, however, the charges are on a front footage basis. Earl J. Proctor, 5119 Arbor Road appeared in opposition. Mr. Proctor owns three lots with two being unoccupied. His main concern was his being assessed for the two unoccupied lots on which he never intends to build. Mr. Wood again pointed out that the assessment is based on a front footage basis, and Mr. Proctor happens to have a lot of front footage. Mr. Proctor then asked on whose authority was this work done, and Councilmember Evans answered that the City is required by law to give the same services to the annexed properties as to the older sections of the City. Mr. Proctor also asked about the tap-on charges to which Mr. Cogswell advised the sewer charge is $280.00 and water $190.00. Mr. Cogswell also explained the 30 percent discount policy for Mr. Proctor. R. Bruce Smith, 259 Stacy Weaver Drive, addressed Council regarding the number of front footage he was charged. Mr. Smith advised that his lot number 44 has a front footage of 167/169 feet, but he is being charged with 196 feet. Mr. Wood answered this is a corner lot and PWC extended the line to the point of intersection at the corner lot which added a few more feet. It was decided that Mr. Wood and Mr. Smith should discuss this matter further after the meeting. As no one else appeared in opposition, Mayor Hurley called for action from Council. Councilmember Evans reiterated the City's responsibilities to newly-annexed properties. Councilmember Ross asked if a public hearing was held for the citizens to which Mr. Cogswell explained the citizens are given two opportunities (public hearings) to come and express their opinions. Mr. Cogswell also added that the City has no choice regarding water and sewer as the annexation laws require same. Councilmember Johnson added these things are done by law for the good of the people. City Council is here to serve the citizens and they are attempting to do so as equitable as they know how. Councilmember Dawkins offered motion to adopt the resolution with the deletion of Lot 170, Junius and Edith Langston property. The motion was seconded by Councilmember Evans and carried unanimously at 8:10 p.m. The resolution title is as follows: RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS ON THE PRELIMINARY ASSESSMENT ROLL FOR THE WATER AND/OR SANITARY SEWER EXTENSIONS TO POINCIANA LANE, FROM CORONADA PARKWAY TO ELDORADO ROAD; ELDORADO ROAD, FROM POINCIANA LANE TO CORONADA PARKWAY; CATALINA ROAD, FROM POINCIANA LANE TO ELDORADO ROAD; PRINCE CHARLES DRIVE, FROM HAMPTON ROAD TO ARBOR ROAD; STACY WEAVER DRIVE, FROM ARBOR ROAD TO HAMPTON ROAD; COOPER ROAD, FROM SOUTHLAND DRIVE TO STACY WEAVER DRIVE; SOUTHLAND DRIVE, FROM ARBOR ROAD TO STACY WEAVER DRIVE; ARBOR ROAD, FROM KENWOOD DRIVE TO END OF STREET; HAMPTON ROAD, FROM STACY WEAVER DRIVE TO SOUTHLAND DRIVE; AND CONCORD DRIVE, FROM ARBOR ROAD TO SOUTHLAND DRIVE. RESOLUTION NUMBER 1987-93. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. C. Consideration of the rezoning from R5 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 112 Underwood Street, 637 and 639 North Street. (Case NO. P87-99) Al Mitchell of the Planning Board presented this item. He advised the Planning Board had recommended approval of the rezoning and that Council had asked for this hearing as this matter would normally not have a public hearing. Mayor Hurley asked if there was anyone who wished to speak in favor of the rezoning. George Herndon, Jr., 310 Dick Street, appeared in favor. Attorney Herndon represents Highland Funeral Services, Inc., and Louis and Barbara Bennett, the stockholders. The growth of the business warranted the purchase of additional land and buildings on Underwood Street and North Street more than two years ago. The buildings were demolished due to their substandard condition, and the land is being used as a parking area which is a non-conforming use. Mr. Herndon advised that the Bennetts wish to comply with the zoning requirements, and since further expansion is needed the request for rezoning was made. At the advice of the Planning Board staff, C-3 zoning was requested, but they now believe C-1 would be more appropriate. Council was reminded that this rezoning had been passed by the Planning Board last year but died at City Council level. Mr. Herndon ended by stating that they will compromise with the C-1 zoning as it will be compatible and will act as a buffer zone between industrial use and residential use. Emanuel Jackson, 519 Marion Court, appeared in opposition. Mr. Jackson advised he does not live in that area but owns property there. He is concerned the area will become heavily commercialized which will open the door for influx of traffic creating a hazard for the elderly and children as there are no sidewalks. He also voiced his concern that there would be a higher tax base. Councilmember Ross moved that the rezoning request be denied and motion was seconded by Councilmember Torrey. Mayor Hurley recognized those Councilmembers wishing to discuss motion. Councilmember Evans stated she was opposed to C-3 zoning but is in agreement with C-1. Councilmember Dawkins made a substitute motion that the property be rezoned to C-1 and motion was seconded by Councilmember Jones. Mayor Hurley requested that Mr. Mitchell state the difference between C-1 and C-3 zoning. The Chair then called for the vote on the substitute motion which carried 7 to 2 with Councilmembers Ross and Torrey voting against. Councilmember Ross commented to Council that a pattern was developing relative to the rezoning matters. She stated that the citizens are noticing it and she wanted Council to be aware of this. 4. Consideration of a resolution to acquire a parcel of right-of-way located at 2203 Southern Avenue. (Parcel E-1) City Engineer Bob Bennett presented this item. Mr. Bennett referred to the recent agreement between the City and NCDOT to acquire rights-of-way on Southern Avenue after which NCDOT would widen Southern Avenue from Cumberland Road southwardly to Owen Drive. All but one tract has been acquired and this property owner has requested between $6,000 and $7,000 compared to the appraised value of $4,380. Councilmember Dawkins moved that a resolution be adopted to acquire parcel E-1 right-of-way, seconded by Councilmember McBryde, and carried 8 to 1 with Councilmember Ross voting against. The resolution title is as follows: RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (PARCEL E-1, 2050 SQUARE FEET, $4,380.00 FOR SOUTHERN AVENUE WIDENING). RESOLUTION NUMBER R1987-94. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 5. Consideration of proposed agreement with NC Department of Transportation for widening Morganton Road from U.S. 401 By-Pass to Reilly Road. City Engineer Bob Bennett presented this item. Mr. Bennett advised only a short section of this Morganton Road widening is in the City, but unfortunately it is the part that has developed and is very costly in right-of-way acquisition. Per recent passed legislation allowing cities to participate 15 percent, NCDOT is asking for $71,250. Councilmember McBryde asked if NCDOT was asking for the 15 percent or requiring same. Mr. Bennett's reply was that they are requiring same. Councilmember Johnson offered motion to adopt the resolution accepting this agreement with the North Carolina Department of Transportation, seconded by Councilmember Ross, and carried unanimously. Mayor Hurley asked the number of feet of right-of-way $475,000 buys in this area. Mr. Bennett estimated over 1,500 feet will be involved. The resolution title is as follows: RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA APPROVING MUNICIPAL AGREEMENT WITH DEPARTMENT OF TRANSPORTATION, STATE OF NORTH CAROLINA. (WIDENING MORGANTON ROAD FROM U.S. 401 BY-PASS TO REILLY ROAD). RESOLUTION NUMBER R1987-95. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 6. Consideration of proposed supplemental agreement with NC Department of Transportation for widening Morganton Road in the vicinity of Skye Drive. City Engineer Bob Bennett presented this item. Mr. Bennett advised that they plan to go to contract in early 1988. The proposed widening conflicts with a PWC water line which is to be lowered, and the proposed water line location conflicts with a storm sewer. NCDOT and PWC reviewed this and PWC has agreed to lower the storm sewer out of conflict with the water line at PWC's expense. Mr. Bennett stated they recommend adoption of the Agreement in order that the project may go forward. Councilmember Kendrick offered motion to approve the Supplemental Agreement with NCDOT, seconded by Councilmember Jones and carried unanimously. The resolution title is as follows: RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING A SUPPLEMENTAL MUNICIPAL AGREEMENT WITH NORTH CAROLINA DEPARTMENT OF TRANSPORTATION. (IMPROVEMENT OF MORGANTON ROAD AT SKYE DRIVE). RESOLUTION NUMBER R1987-96. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 7. Consideration of bids for Fire Station #7 - College Lakes area. City Engineer Bob Bennett presented this item. Mr. Bennett directed Council's attention to the bid tabulation summary contained in the memo before them. The low bidders were EST General Contractors, Inc. of Lillington, Warren's A/C Heating Service, Coffman Plumbing Company, and King Electric Company with the total low bids being $278,944. Mr. Bennett stated that they recommend the bids be awarded to the low bidders. Assistant Fire Chief Pete Piner display a pictorial drawing showing the site plan and colored elevation drawings for Council's review. Mr. Bennett stated they believe this project was designed in accordance with what was shown to the College Lakes residents prior to the Bond Referendum. The contract requires each contractor to complete their work within seven months after they have been given notice to proceed. Councilmember Jones moved that the contracts be awarded to the four low bidders. Motion was seconded by Councilmember McBryde who then asked what was the total amount of the Bond Referendum. City Manager John Smith advised the total amount was $305,000 and that any leftover funds will be used for equipment and furnishings. Mayor Hurley called for Council action. Council vote was unanimous. 8. Consideration of request from Fayetteville State University to establish one-way operations on Smith Place between Seabrook Road and Langdon Street. City Engineer Bob Bennett presented this item. Mr. Bennett advised Fayetteville State University owns all the property on each side of Smith Placed Smith Place connects Seabrook Road and Langdon Street. The reason for this request is to install a drive-in banking window-type building to be operated by State Employees Credit Union. FSU would like the street to operate one way from Seabrook Road to Langdon Street. Councilmember Evans offered motion to adopt the ordinance which establishes one-way operation on Smith Place between Seabrook Road and Langdon Street. Councilmember Ross seconded the motion which carried unanimously. The ordinance title is as follows: AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (SMITH PLACE). ORDINANCE NUMBER NS1987-27. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS1987. 9. Consideration of petition from Fayetteville State University to withdraw Smith Place between Seabrook Road and Langdon Street as a public street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE SMITH PLACE. (SETTING PUBLIC HEARING DATE). RESOLUTION NUMBER R1987-97. Councilmember Dawkins introduced the foregoing resolution and moved its adoption. Said motion was seconded by Councilmember Kendrick. After some discussion, it was determined to set the public hearing for the second meeting in December. Both Mr. Dawkins and Mr. McBryde agreed to the amended date. Mayor Hurley called for Council action. Vote was unanimous. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 10. Appointments: A. Election to fill un-expired term to September 30, 1988, on City/County Senior Citizens Advisory Commission. Councilmember Evans and Councilmember Dawkins spoke on behalf of their nominee. Mayor Hurley called for the vote on Mr. Robert W. Drake, 714 Emeline Avenue. Mr. Drake was elected with a vote of 7 to 2. B. Nominations to fill four vacancies for 3-year terms on Parks and Recreation Advisory Commission. Councilmember Mark Kendrick nominated Russ Cavaco, Councilmember Ross nominated Reverend John T. Johnson, Councilmember Pillow nominated Robert D. Barber, Councilmember Evans nominated Joe Hempstead, Councilmember Dawkins nominated Lyle Hall, and Councilmember Torrey nominated Annie Chavis. Councilmember Ross shared her views concerning Reverend Johnson's qualifications. Councilmember Dawkins consented on the excellent job Ms. Jenkins, Mr. Kirkland, and Mr. Armstrong had accomplished. Mayor Hurley added that it has been the goal of City Council to maintain a racial balance on these boards and commissions, and he suggested this be considered before Council votes on these nominees. C. Nomination to fill un-expired term in Architect Category on Fayetteville Appearance Commission. There were no nominations. This item is to be continued at the next meeting. 11. Administrative Reports There were none. Councilmember Johnson asked that Bobbie Joyner be remembered by Council during her sickness. Councilmember Ross asked if someone from Chief Hansen's office could attend the meeting that she had mentioned earlier. Mayor Hurley stated that he wished all of Cumberland County would go to the arena tomorrow night to Support Tony Rand. Councilmember Johnson informed Council of the poor condition of the sidewalk along Old Street. Mayor Hurley asked Mr. Bennett to make a note of this fact. Councilmember McBryde shared with Council that his daughter had fallen on Saturday, October 3. Mr. McBryde called the 484-1111 emergency number and was terribly disappointed with the response he received. The Councilmembers voiced their concerns and asked Mr. Smith to check into this matter. Councilmember Dawkins expressed how pleased he was with the International Folk Festival. He asked that the Mayor express the City's appreciation to Mildred Evans and Martha Duell. Councilmember Johnson requested that Council make sure they have his and Mr. Jones' “Lame Duck Diploma” ready. Councilmember Jones advised Council that he will be out of town from Wednesday afternoon until Saturday morning as he will be conducting his last examination for the State Board of Sanitarian Exam. As there was no further business, the meeting was adjourned at 9:11 p.m. REGULAR MEETING MONDAY, OCTOBER 19, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, OCTOBER 19, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph L. Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick 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 Gerald J. McPhail, Assistant to the City Manager Tom McNeill, Property Acquisition Manager - PWC Members of the Press Mayor Hurley called the meeting to order. On behalf of the City Council and the Administration, the Mayor welcomed everyone to the second regular meeting during the month of October. Reverend John T. Johnson, Assistant to the Pastor of Lewis Chapel Missionary Baptist Church, 5422 Raeford Road, offered the Invocation followed by Mayor Hurley leading the Pledge of Allegiance to the American Flag. Mayor Hurley stated that the presentation of the recognition item shown on the agenda has been rescheduled for the next meeting. 1. Approval of Agenda. The City Manager, John Smith, advised he had intended to include in the agenda his recommendation to cancel the October 26 Information Meeting as there was no need for same. Councilmember McBryde moved that Council dispense with the October 26 Information Meeting, seconded by Councilmember Jones and carried unanimously. Councilmember Dawkins requested that Item 4 be removed from the agenda, as he feels a public hearing should be held to give the citizens and PWC an opportunity to be heard. A motion was made by Councilmember Dawkins that this item be pulled and rescheduled as a public hearing at the November 2, 1987, Regular Meeting, seconded by Councilmember Jones and carried unanimously. Councilmember Kendrick moved that Council adopt the proposed agenda with the exclusion of Item 4. The motion was seconded by Councilmember Torrey and carried unanimously. 2. Consent: Councilmember Jones questioned Consent Item 2J. He stated that there should be guidelines set before a mobile home park is annexed into the City and that underpinning should be one of them. The City Manager responded that he agreed with Mr. Jones and that the Planning staff is working on a re-write of the Mobile Home Ordinance and he has asked them to include the underpinning requirement in their analysis. The City Manager further advised this resolution simply directs the City Clerk to investigate the sufficiency of the petition which we are required by law to do. Councilmember Evans moved that Council adopt the consent agenda as presented, seconded by Councilmember Kendrick and carried unanimously. The consent items are as follows: A. Consideration of cancellation of meeting of November 16, 1987. B. Approval of minutes of regular meeting of October 5, 1987 C. Adoption of Budget Ordinance Amendment 88-9. D. Set public hearing for November 2, 1987, to determine the number of Certificates of Public Convenience and Necessity to be issued in the City of Fayetteville for the period beginning January 1 and ending on the following December 31. E. Set public hearing for November 23, 1987, 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. (Case No. P87-103) F. Approval of bid award for purchase of one Crawler Loader to R. W. Moore Equipment Company, the low bidder. (PWC) G. Approval of bid award for purchase of One Hydraulic Excavator to R. W. Moore Equipment Company, the low bidder. (PWC) H. Approval of bid award for purchase of One Utility Tractor to Cumberland Tractor Company, low bidder meeting specifications. (PWC) I. Approval of bid award for construction of East Fayetteville (Locks Creek) Sanitary Sewer Interceptor to Yates Construction Company, the low bidder. (PWC) J. Adoption of resolution directing the City Clerk to investigate a petition for annexation received under GS 160A-31 Alco Mobile Home Park - Shaw Road). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. (ALCO MOBILE HOME PARK, SHAW ROAD). RESOLUTION NUMBER R1987-98. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1987. 3. PWC Matters: Consideration of resolution authorizing condemnation of property to provide the public with an adequate and sound sewage collection and disposal system. Mr. Tom McNeill, Property Acquisition Manager, PWC, presented this item. Mr. McNeill advised this condemnation to acquire property is for a sanitary sewer easement that crosses the corner of the Kristina Reynolds' property. They have tried to contact the Reynolds since midsummer but to no avail. The tax office has sent certified mail which was returned “unclaimed,” and CPL advises electrical power was disconnected in May. Notes have also been left in their door. Councilmember Kendrick offered motion to adopt the resolution as recommended by PWC staff, seconded by Councilmember McBryde, and carried unanimously. The resolution title is as follows: A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF KRISTINA A. REYNOLDS AND JULIANNA K. ALLEN. (SANITARY SEWER EASEMENT/PWC). RESOLUTION NUMBER R1987-99. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1987. 4. Consideration of adoption of Cross-Connection Control Ordinance. (ITEM PULLED - PUBLIC HEARING SET FOR NOVEMBER 2, 1987) 5. Consideration of adoption of a resolution accepting an extension of Fleetwood Drive for maintenance. City Engineer Bob Bennett presented this item. Mr. Bennett referred to the problems the Purdie family has had in relocating their house that was on the banks of Branson Creek. Mr. and Mrs. Purdie have recently purchased a lot off the west end of Fleetwood Drive. This lot initially did not have front footage which is required in order to obtain a building permit. However, they, along with the seller, have offered a dedication to the City for a cul-de-sac on the end of Fleetwood Drive. Fleetwood Drive was stubbed out as ahead end street several years ago with the idea that it could be extended with a cul-de-sac to serve the adjoining properties. Mr. Bennett stated this lot is out of the floodway; and with the City's acceptance of this right-of-way and the sanitary sewer easement already obtained, this problem will be cleared up. Councilmember Dawkins moved that Council follow the recommendation of the City Engineer and adopt the resolution, seconded by Councilmember Ross and carried unanimously. The resolution title is as follows: RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PORTION OF FLEETWOOD DRIVE (PURDIE PROPERTY). RESOLUTION NUMBER R1987-100. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1987. Councilmember Ross thanked everyone for their help in resolving this matter. 6. Consideration of a proposed ordinance for establishing railroad crossing locations that must be flagged by the railroad. City Engineer Bob Bennett presented this item. Mr. Bennett stated there has been some railroad accident problems at the intersection of Ray Avenue and the CSX railroad crossings. This matter has been discussed with the railroad and Mr. Bennett believes they are now flagging these crossings. It is recommended that Council take some positive action that would be of record requiring the crossings, to be flagged on a full-time basis. Mr. Bennett informed Council that a representative from the railroad was present and wished to be heard. Councilmember Kendrick made a motion that Council adopt the proposed ordinance for flagging railroad crossings, seconded by Councilmember Ross. Mayor Hurley put the motion on the floor and then recognized the CSX representative. Mr. Bob Jackson, Train Master with CSX, Rocky Mount, North Carolina, addressed Council. Mr. Jackson advised that they are presently flagging the crossing West of Russell Street/Ray Avenue intersection but are not flagging the Franklin Street/Ray Avenue intersection. Mr. Jackson asked Council to take into consideration the exposure of their employees as they go out in front of the traveling public with no protection to flag these crossings. Councilmember Dawkins voiced his concern over the safety of the Franklin Street/Ray Avenue intersection and asked for Mr. Bennett's comments. Mr. Bennett advised that he believes the request to flag Franklin Street crossing does not endanger the railroad's flagmen any more than flagging the Ray Avenue crossing. As both crossings are the same in nature, both should be flagged. Councilmember Evans shared her concern that sometimes it is after a serious accident has occurred that a necessity to take precaution is determine, and she would hate to see that happen in this situation. Councilmember McBryde asked if the train crosses Ray and Franklin at the same place to which Mr. Jackson responded that it is basically the same area with one being a spur track. Councilmember Johnson concluded the discussion by stating that they do not want to put any undue burden on the railroad, but feel that they do have to protect the citizens. Mayor Hurley called for the vote on Mr. Kendrick's motion. The vote was unanimous. The ordinance title is as follows: AN ORDINANCE AMENDING CHAPTER 25, “RAILROADS” OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (FLAGGING CROSSINGS). ORDINANCE NUMBER S1987-34. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1987. 7. Consideration of an engineering contract for Southeast Fayetteville drainage system. City Engineer Bob Bennett presented this item. Mr. Bennett advised that some time ago the Community Development Department had engaged the engineering firm of Moorman and Kizer, Inc. to do on-site engineering within the, Southeast Fayetteville Industrial Park. The City has funded a drainage improvement project for Southeast Fayetteville to deepen the drainage canal and construct a pipeline under Eastern Boulevard and into the storm-water lift station on the North side of Eastern Boulevard. Since this firm is already involved with part of the canal, it is recommended that the City Manager engage this firm to do the engineering work on the extensions for the rest of the funded project. Councilmember Ross moved that the City Manager be given permission to sign the contract with Moorman and Kizer, Inc. on behalf of the city, and the motion as seconded by Councilmember Evans. There was discussion between the Councilmembers and staff concerning the location of the drainage canal and the area it would service. Also discussed was whether or not this project was funding the drainage of PWC property within the Southeast Fayetteville Industrial Park, and it was established that this is not to drain PWC property. The Mayor called for the vote, and it was a unanimous decision. 8. Consideration of NCNG Franchise (second reading). This item was presented by city Attorney Bob Cogswell. Mr. Cogswell advised his memo explained the question raised at the last council meeting. However, he had made two additional recommendations which are (1) requesting that NCNG certify to the city annually that they have added new customers in annexed areas to those included within their gross receipts and (2) that City receive 30 days notice of any request for a rate increase. Mr. Cogswell stated that he had discussed the 30 days notice of a rate increase with NCNG but had not discussed the other addition. Mr. Cogswell also informed council that there ware representatives from NCNG in the audience. There was discussion concerning if this would be considered a first reading or if a public hearing should be set. It was determined that this would be considered a first reading of the amended franchise with the second reading to take place at the next meeting. Councilmember Jones made a motion to adopt the first reading of the amended franchise with NCNG, and motion was seconded by councilmember Ross. Council agreed to recognize the NCNG representative at this time. Mr. Reggie Barton with NCNG advised Council that he had discussed with Mr. Cogswell the 30 days notice which was no problem nor is the other requested addition. Mr. Barton reiterated for clarification that this would be considered the first reading and two weeks from now would be the second reading. Mayor Hurley called for Council action, and it was a unanimous decision. 9. Consideration of adoption of a new Section 2-4 of the city code concerning execution of certain contracts. City Attorney Bob Cogswell presented this item. Mr. Cogswell directed Council's attention to his memo which explained the recommendation. The proposed ordinance is for items which have been approved as budgeted items and do not have to be formally bid as formal bids are required by statute to come before Council. According to the Institute of Government, this is the practice but it is preferred to have an ordinance so everybody knows what they can and cannot sign. Mr. Cogswell concluded by stating that the key is that this action would not be authorizing the City Manager's signature on anything they have not already approved. Councilmember McBryde asked what if there was an item approved in the budget and six months later the Council's thinking had changed yet the City Manager signed a contract being unaware of Council's changed views. City Manager John Smith advised what Mr. Cogswell is proposing is actually what the procedure has been. The only problem is that there has not been a definition, and what they have gone by in the past is formal bids as required by statute and items requiring a budget amendment are brought to council. Mr. Smith also stated that he would continue to bring matters to Council if there is any question that there may be some controversy involved in an item or notify the Council of the action taken. Councilmember Evans stated that she believes the public should be aware as to how tax money is spent and the only way they can know is if bit comes before City council as the public does not generally attend budget hearings. Councilmember Jones concurred with Mrs. Evans' statement. Councilmember Pillow stated this ordinance will authorize us to continue do what we have been doing in she past. The ordinance is only to make official and to give guidelines for the City Manager. Councilmember Ross offered a motion to adopt the proposed ordinance and was seconded by Councilmember Dawkins. Councilmember Kendrick asked what will be different after this ordinance is adopted. The City Manager answered nothing will be different except it will be clear to staff where he stands relative to executing legal contracts. A substitute motion was made by Councilmember Johnson that the ordinance be adopted with the $50,000.00 amount being changed to $30,000.00 and leave the $10,000.00 figure unchanged. Motion was seconded by Councilmember Jones. The substitute motion died with a vote of 5 to 4. Council action was called for on the original motion. The motion carried with a vote of 6 to 3 with Councilmembers Evans, Johnson, and Jones voting against. The ordinance title is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING A NEW SECTION 2-4 “CONTRACTS” OF THE CITY CODE OF THE CITY OF FAYETTEVILLE. ORDINANCE NUMBER S1987-35. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1987. 10. Consideration of release of lot cleaning lien for Dunbar Corporation. A motion was made by Councilmember McBryde and seconded by Councilmember Jones that this cleaning lien for Dunbar Corporation be released. The motion carried unanimously. 11. Report from Streets, Roads and Transportation Committee. Councilmember Dawkins, Committee Chairman, reported the Committee recommended that they continue with the list the citizens voted for in the Bond Issue and preferably to go ahead with Village Drive. Councilmember Dawkins also stated it was recommended that the Morganton Road project be looked at in phases over the next two to three years with funds other than Bond funds. Councilmember Johnson asked what source the monies will be derived for sidewalks not included in Bond Referendum. The City Manager advised that the Committee suggested that Council consider appropriating $150,000 annually Starting the next fiscal year. Councilmember Pillow stated that for future budget expenditures for sidewalks, streets should be prioritized. Mr. Pillow pointed out three areas he is concerned with which are Helen Street, Cumberland Street, and Waddell Drive. Councilmember Jones asked if the City had rights-of-way for sidewalks on all the streets. The City Manager answered that we do not and this definitely increases the price of the sidewalks. Councilmember Ross asked if special efforts were made to insure that all schools received sidewalks. The City Manager advised that schools, transit routes, and bus stops were considered by staff. Councilmember McBryde asked how the determination is made as to which side of the street the sidewalk is placed. In reply, the City Manager stated the amount of traffic, what is on the side of the street, and the amount of sidewalk they already have are all considered. Councilmember Evans shared that due to the tremendous need for sidewalks maybe we should consider lowering our construction requirements. Councilmember Dawkins moved that Council follow the recommendation of the Streets, Roads, and Transportation Committee to continue with the list of sidewalks set out in the Bond Referendum. Motion was seconded by Councilmember Kendrick and carried unanimously. 12. Consideration of awarding bid for railroad crossing materials for Russell Street near Eastern Boulevard and McPherson Church Road. City Engineer presented this item. Mr. Bennett advised that $100,000 was included in the Bond Sales for railroad crossing materials for improvements at CSX crossing near Eastern Boulevard and the A & R crossing on Mcpherson Church Road. Bids were opened on October 8, 1987, with Goodyear bidding $67,582.20 and park Rubber Company bidding $59,262.00. Based on the past material performance, warranty, and the railroad preferring the better material, it is recommended that the contract be awarded to Goodyear. Councilmember Jones asked if Park Rubber Company had made any retribution or correction for materials they sold the City. Mr. Bennett advised they were covered under their short warranty terms. Councilmember Kendrick asked when this project will begin. Mr. Bennett answered the delivery date of the materials will be 60 days after Goodyear receives the order and the railroad. have promised to start installation in January or February. Councilmember Kendrick moved that Council follow recommendation of the City Engineer and award the contract to Goodyear Rubber Company. Councilmember Torrey seconded the motion and same carried unanimously. 13. Appointments: Election from nominations to fill four vacancies on the Parks and Recreation Advisory Commission. Following a vote to elect four of the six nominations, Russ Cavaco, Reverend John T. Johnson, Joe Hempstead, and Lyle Hall were elected to serve on the Parks and Recreation Advisory Commission. Nominations to fill un-expired term of Architect Category on Fayetteville Appearance Commission. There were no nominations and this item will again be included on the next agenda. 14. Administrative Report: Statement of taxes collected for the month of September 1987 from the Cumberland County Tax Collector. Total collections for the month of September 1987 was $458,701.07 per County Tax Collectors written statement. Councilmember Dawkins stated that the City was losing a fine young man, Gerald McPhail. Mayor and Councilmembers wished him well in his new endeavor. There being no further business, the meeting was adjourned at 8:40 p.m. REGULAR MEETING MONDAY, NOVEMBER 2, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, NOVEMBER 2, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph L. Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick OTHERS PRESENT: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. Brown, Jr., Assistant City Manager, Staff Robert C. Cogswell, Jr., City Attorney Robert M. Bennett, City Engineer Ken Fanfoni, Director of Water and Sewer Systems - PWC Janice Gerald, Community Development Director Walter J. Haire, Chief Housing Inspector William McGugan, Administrative Services Director William T. Ray, Airport Manager Ronnie West, Meter Repair Technician II - PWC Jack Wilson, Parks and Recreation Director Tim Wood, General Manager, PWC Members of the Press Mayor Hurley called the meeting to order and welcomed everyone to the first regularly scheduled meeting for the month of November. Reverend Glen Holt, Pastor of First Baptist Church, Anderson Street, offered the Invocation followed by Mayor Hurley leading the Pledge of Allegiance to the American Flag. The Mayor asked Takeshia Quick and Les Thorne to come forward. Mayor Hurley advised Ms. Quick had received the National Record for Standing Long Jump at the Hershey Track and Field Meet, and that Les Thorne is Takeshia's coach and heads up the local program for our Parks and Recreation Department. Ms. Quick and Mr. Thorne were presented Certificates of Appreciation from the City of Fayetteville acknowledging their outstanding achievements. The City employees who are observing milestones in their careers with the City of Fayetteville were asked to come forward and they were: Dorothy Gilmore, 25 years, Parks and Recreation Department Leighton McLeod, 30 years, Parks and Recreation Department They were presented the new Service Award Pins and applauded for their years of service to the citizens of Fayetteville. 1. Consideration of request from Mayor Bill Hurley to reconsider televising City Council meetings. City Code requires Separate vote of at least three-fourths of Council (see Section 2-22(c).) Councilmember Ross made a motion that the reconsideration of televising City Council meetings be added to the agenda. Said motion died for lack of a second. 2. Approval of Agenda. City Manager John Smith advised that at the request of PWC, Items 5C-H under PWC matters should be deleted. Mr. Smith also stated they were ready to present the plans for the Village Drive sidewalks if Council would consider adding this item to the agenda. Councilmembers McBryde and Kendrick suggested this item be included in the next meeting. Councilmember Pillow moved that the agenda be approved with the elimination of Items 5C-H, seconded by Councilmember Kendrick, and carried unanimously. 3. Consent: Councilmember Jones requested Item 3L be pulled for discussion, and Councilmember Dawkins requested Item 3G be pulled for discussion. Councilmember Dawkins then made a motion to approve the remaining consent items and adopt the ordinance. Motion was seconded by Councilmember McBryde and carried unanimously. The consent items are as follows: A. Approval of minutes of regular meeting of October 19, 1987. B. Approval of the following requests for refunds of City taxes: 1. Rupert Jernigan in the amount of $33.11. 2. Auto Parts-N-Service in the amount of $106.46. 3. Auto Parts-N-Service in the amount of $141.43. 4. B & M of Fayetteville in the amount of $80.41. 5. Waddell Cobb in the amount of $99.20. 6. George W. Grove in the amount of $35.20. 7. Talmos Moore and wife in the amount of $298.92. C. Approval of bid award for purchase of approximately 2,000 Line Post Insulators to Ohio Brass, the lowest bidder. (PWC) D. Approval of Lease Agreement between City of Fayetteville and Bragg Mutual Federal Credit Union for office space in City Hall basement. E. Adoption of new franchise from NCNG. (Second reading) The ordinance title is as follows: AN ORDINANCE GRANTING TO NORTH CAROLINA NATURAL GAS CORPORATION THE RIGHT, PRIVILEGE, AND FRANCHISE TO DISTRIBUTE NATURAL GAS IN THE CITY OF FAYETTEVILLE FOR A PERIOD OF TWENTY (20) YEARS, AND PROVIDING OTHER REGULATIONS FOR THE OPERATION OF SAID NATURAL GAS DISTRIBUTION SYSTEM. ORDINANCE NUMBER NS1987-28. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1987. F. Award of bids for drainage improvements - bond funds. [The Greens Subdivision and Murchison Road opposite Bruner Street (V-Point Grocery)] G. Award of contract for purchase of street sweeper to Schwarze Industries, Inc., lowest responsible bidder. (PULLED FOR DISCUSSION) H. Approval of Capital Project Ordinance 88-7. I. Approval of concession between Fayetteville Airport Commission and Ackerley Airport Advertising, Inc. J. Approval of transfer of title of HSTS van to Cumberland County. K. Approval of request from Historic Fayetteville Foundation, Inc. to locate John Davis House on City property north of the Arsenal House. L. Reject bids for purchase of police vehicles. (PULLED FOR DISCUSSION) M. Approval of loan of Transit Mall artifacts to North Carolina Department of cultural Resources (North Carolina Museum of History). 3G. Award of contract for purchase of street sweeper to Schwarze Industries, Inc., lowest responsible bidder. (Pulled for Discussion) Councilmember Dawkins noted that on the Bid Tabulation it is indicated that Schwarze Industries, Inc. will deliver the street sweeper 30 days after receipt of the order and he questioned if they would be able to deliver the sweeper that soon. The City Manager responded that this is a guaranteed delivery date and they will have to meet same. Councilmember Dawkins moved that the contract be awarded to Schwarze Industries, Inc. (Item 3G), seconded by Councilmember Jones, and carried unanimously. 3. L. Reject bids for purchase of police vehicles. (Pulled for Discussion) Councilmember Jones asked why the bids to purchase police vehicles were rejected. The City Manager answered that these vehicles are being purchased under the Traffic Grant and a specific amount was budgeted for these vehicles. Mr. Smith advised for the past several years the City has been purchasing vehicles through State Contract. Bids were sent out this time because the State Contract vehicles could not be delivered until late spring. The bids were more than the available monies and it is recommended that Council reject same. Mr. Smith stated they will pursue the vehicles under State Contract at a later date. Following further questions from Council to City Manager, Councilmember Ross made a motion to reject the bids, seconded by Councilmember McBryde, and carried unanimously. 4. Public Hearings: A. Consideration of adoption of Cross-Connection Control Ordinance. PWC Manager Tim Wood presented this item. Mr. Wood stated the proposed ordinance provides protection of the potable water system for the City of Fayetteville whether that water system is actual or a potential water system in the future. The ordinance was recommended unanimously by the Public Works Commission. PWC is responsible for the prevention of contaminated water from entering the PWC system at all times and there are numerous references to that responsibility in both State Statutes and North Carolina Administrative Code. This ordinance was prepared with significant input from PWC engineers and with review by state and local officials over a period of several months. This proposed ordinance has received endorsement from state and local health agencies in North Carolina. The ordinance is similar to those in the cities of Durham, Raleigh, and Winston-Salem. In each case their ordinance appears to be more strict than the ordinance proposed by PWC. Mr. Wood stated he is authorized on behalf of the Fire Chief of the Fayetteville Fire Department to state that his department has no objection to the ordinance in its present form. Mr. Wood also informed Council that the known objective to the ordinance involves the possible reduced pressure in the fire sprinkler systems. PWC has discussed with persons who are knowledgeable in this area and there seems to be an agreement that there could be a loss of pressure ranging between 5 and 15 pounds once the double check valves have been installed. PWC has recently increased pressure on the water system by at least 15 pounds by relocating one tank and elevating another tank. Mr. Wood concluded his presentation by stating that the main point is that PWC is charged with the responsibility of protecting the integrity of the public water system. If steps are not taken to protect the public water system, PWC and indirectly the City of Fayetteville could be held liable. At this time, Mr. Wood called on Ken Fanfoni, Director of Water and Sewer Systems, to show some slides to further demonstrate what this ordinance is intended to do. Mr. Fanfoni cited some examples as to how easily contaminated water can get into the water system and how there are no other regulations that can actually prevent this from happening other than the proposed ordinance. Slides were then shown depicting the kinds of problems he had described. Afterwards, Mr. Fanfoni answered the Council's questions. For clarity, City Attorney Bob Cogswell stated if a residential site has a problem that is more than a one-time situation, the installation of a backflow device could be imposed under the provisions of the proposed ordinance. However, it is a matter of starting with industrial sites and working through the system. As there were no further questions, Mayor Hurley opened the public hearing. Mr. Mike Bailey, Chief Plumbing Inspector for the City came forward. Mr. Bailey advised that the North Carolina Plumbing Code is specific when dealing with backflow prevention with residential application but is not specific in commercial and industrial applications. He stated that the Inspections Department does support the proposed ordinance as it would give the Inspections Department specifics that they could enforce u well as the plumbing contractors would know what is required for each application. Mr. Frank Marsh, Regional Engineer for the South Central Regional Office of the Public Water Supply Branch in Fayetteville appeared in favor. Mr. Marsh stated that he was in Hope Mills last year when a water line broke and chemicals were back-siphoned into the building contaminating its water system as well as 28 residences. It was a week to two weeks before the residents could drink their water or bathe in their water. It took approximately six weeks to remove the chemicals out of the building's water system. Mr. Marsh concluded by stating the Division of Health Services strongly backs this proposal that PWC has presented. Mr. Bill Owen, an employee of the Fayetteville Publishing Company and a member of the Public Works Commission, appeared in favor. Mr. Owen stated he was speaking as a citizen as well as a PWC Commissioner because he has seen a need in this area. He advised that the Fayetteville Publishing Company has drain-downs on their system several times a year for maintenance and annual checKs by insurance companies. After seeing the water when the system was drained, Fayetteville Publishing Company made arrangements to install check valves on their 8-inch water line. This was done five years ago and they have not detected any loss of pressure as a result of the installation of these valves. Mr. Owen further stated that the Company has a sprinkler system and they realized chemicals could get into the water system through same which was another reason they felt it imperative to install backflow devices. Mr. Owen advised he has a sprinkler system in his home and after seeing this he had a check valve installed. Mr. Owen concluded by stating he feels very strongly about this and did so even before he became a member of the Public Works Commission. Mr. John Lancaster, Director of Plant Operation for the school system, appeared to express his concern over the financial aspect as they have 37 schools that use PWC water with 45 valves existing. Mr. Lancaster stated it would require approximately $53,000 to make these valves ready to operate. He asked Council to consider their situation as far as maintenance funding to install the valves. Mr. Lancaster also asked when would this ordinance be in effect to which Mr. wood responded that fire sprinkler systems were not the top priority and they would talk. Mr. Henry Player, Registered Engineer, addressed Council. Mr. Player stated he is for the adoption of this ordinance with some consideration given to certain changes. He asked Council to consider the economic impact on the community as well as governmental agencies and to consider the increased loss of property and life due to reduced pressure in the fire protection systems. Mr. Player proposed the following changes: (1) On page 2 of the ordinance (Section 31-76: Backflow Prevention Device Technician - Certified) to include the addition of state-licensed utility contractors and sprinkler contractors as appropriate. (2) On the next to the last page under Fire Protection System, to refer to “new systems” as opposed to “existing systems” and add a sentence that any existing system which would be modified or added to be brought up to that standard at that time. At this time, Mr. Player introduced Mr. Randy Price, a licensed sprinkler contractor from Raleigh. Mayor Hurley stated it appeared we had moved from those in favor of the ordinance as presented to those who liked the ordinance, but have some reservations about the way it is presented. Mr. Randy Price, licensed sprinkler contractor and President of the American Fire Sprinkler Association - Carolina's Branch, came forward. Mr. Price gave Council some information he had assembled and asked them to take time to read it before they vote on this ordinance. Mr. Price stated he felt they were “shooting at the wrong animal” by putting backflow prevention devices on dire protection systems. He stated that there is at least one check valve on every fire protection system and sometimes there are as many as three between the city water system and the sprinkler system. If water does come back into the system, it is in small amounts and while it may not be pretty - it is not harmful. Mr. Price concluded by stating that sprinkler systems save lives and we should not do anything to take away from its ability to do that. There were questions from Council to Mr. Price concerning the requirements of other cities and to Mr. Wood concerning placement of check valves in a building. Mr. Matthew Smith of M. M. Storage Company, came forward. Mr. Smith stated that they have a dry-valve fire protection system which means there is no water in this system that can back into the City's system. Mr. Smith asked Council to consider the fact that there are two types of fire protection systems When they vote on this proposed ordinance. Mr. Joe Thompson appeared before Council. Mr. Thompson is owner of a small water company, a mobile home park, and part-owner of a shopping center. Mr. Thompson stated he is in favor of clean water and is concerned about industrial and chemical plants' contaminants. He added that probably the better companies already have installed these devices. Mr. Thompson further stated there is a very long list of required installations in this ordinance with most of the control being with PWC and not the Plumbing Department. Mr. Hooper Hall, 2812 Millbrook Road, came forward. Mr. Hall asked if this ordinance did include dry fire protection Systems and if so, where would the preventive device be placed. Mr. Fanfoni answered that all fire protection systems were included and the placement of the backflow prevention device would be as close to PWC's system as possible. Mr. Hall asked Council to consider the cost to his company to clean up 100 feet of their water when PWC's own water pipes could be responsible for the muddying of the water through the “scrubbing effect” of water running back and forth in their pipes. Mr. Al Libby, General Manager of Cross Creek Mall, came forward. Mr. Libby stated his company is willing to do anything that is necessary to make the water safe but there is confusion as to whether they are concentrating on the fire protection systems or the water that goes into PWC lines. Mr. Libby asked if they could put the backflow prevention devices on the incoming PWC lines and as time and monies permit, to do the rest. Mr. Fanfoni stated that PWC is concerned with fire protection systems but they are not top priority. Mr. Fanfoni advised that this program will be operated by one person, Mr. Ronnie West, and PWC will be approaching it on a priority basis. Mr. Ray Thorne, Chief Engineer for Fasco Industries, Inc., came forward. Mr. Thorne stated that his company is for clean water, but there is an economic consideration that must be evaluated if this ordinance is passed. Following a lengthy discussion and answer period, Councilmember Dawkins made a motion that Council adopt the ordinance with the addition that the fire sprinkler systems be given a minimum of 18 months to comply unless there is an emergency situation. Motion was seconded by Councilmember Ross. After further discussion, Councilmembers Dawkins and Ross agreed to change the wording of the original motion to state the adoption of the ordinance with the addition that the fire sprinkler systems be given 24 months to comply except in circumstances where the PWC Manager determines that imminent hazards exist in which case immediate compliance would be required. Councilmember Jones made a substitute motion that this ordinance go back to PWC and others involved to see if some details could be worked out. This motion died for lack of a second. After further discussion, Mayor Hurley called for the vote on the original motion as amended, which carried 8 to 1 with Councilmember Jones voting against. The title of the ordinance is as follows: PROPOSED CROSS-CONNECTION CONTROL ORDINANCE FOR THE CITY OF FAYETTEVILLE. (PWC) ORDINANCE NUMBER S1987-36. A copy of the aforementioned ordinance is on file in the City Clerk's office in Ordinance Book S1987. B. Consideration of approval of the City's amendment to a prior application to the Department of Housing and Urban Development for inclusion of $244,800 in program income. Mr. Richard Herrera, Executive Director of the Fayetteville Redevelopment Commission, presented this item. Mr. Herrera referred to the information furnished relative to the program income of $244,800. Mr. Herrera advised federal government requirements dictate a public hearing be held whenever they receive an amount that exceeds 10 percent of any annual grant. Public hearings were held September 29, October 6, and October 14. The recommendation of the Redevelopment Commission is to create an expansion of the current Van story Street-Conservation Area for $139,800, to begin a rehabilitation program for the Currie Street area in the amount of $100,000, and for the site plan design portion of the utilization study of the Spivey Park/School Project in the amount of $5,000. This is the final public hearing before an amendment is submitted to last year's application to the Department of Housing and Urban Development. Councilmember Ross asked if the Spivey Site Plan would be dealing with sports in that area. Mr. Herrera responded that the basic plan is to determine the utilization of that area for sports. Councilmember Torrey asked if Ms. Agnes Ford's needs would be taken care of under the Currie Street rehabilitation to which Mr. Herrera answered, “Hopefully so.” There was no one to appear for or against. Councilmember McBryde moved that Council approve this amendment to the City's application to the Department of Housing and Urban Development for inclusion of $244,800 in program income. Motion was seconded by Councilmember Evans and carried unanimously. C. Consideration of adoption of a resolution for paving without petition of Stanberry Street from Corrinna Street to the eastern line of the H.L. Dawson property Plat Book 17, Page 52, Cumberland County Registry and Stanberry Court from Stanberry Street to the northeastern corner of Lot 10 and the northwestern corner Lot 29, Plat Book 17, Page 52, Cumberland County Registry. This item was presented by City Engineer Robert Bennett. Mr. Bennett referred to the two letters in Council's packet from property owners asking for this consideration. All property owners were notified of this public hearing. Adoption of the resolution adding these two streets to the ongoing street paving program was recommended. Ms. Lillie S. Bentley, property owner, appeared in favor. Ms. Bentley stated she had requested this paving for the health and welfare of her tenants on Stanberry Court. There was no one to appear in opposition. Councilmember Jones moved that Council adopt this resolution as recommended, seconded by Councilmember Pillow, and carried unanimously. The resolution title is as follows: FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF STANBERRY STREET FROM CORRINNA STREET TO THE EASTERN LINE OF THE H.L. DAWSON PROPERTY, PLAT BOOK 17, PAGE 52, CUMBERLAND COUNTY REGISTRY, AND STANBERRY COURT FROM STANBERRY STREET TO THE NORTHEAST CORNER OF LOT 10 AND THE NORTHWEST CORNER OF LOT 29, PLAT BOOK 17, PAGE 52, CUMBERLAND COUNTY REGISTRY. RESOLUTION NUMBER R1987-101. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1987. D. Public Hearing to determine the number of Certificates of Public Convenience and Necessity to be issued in the City of Fayetteville for the period beginning January 1 and ending on the following December 31. This item was presented by Roger Stancil, Assistant City Manager for Operations. Mr. Stancil advised that the Taxicab Inspector recommends with the concurrence of the Taxicab Review Board that the number of Certificates of Public Convenience and Necessity remain at 110. There was no one to appear for or against. Councilmember Jones made a motion that the Certificates of Public Convenience and Necessity remain at 110, seconded by Councilmember McBryde, and carried unanimously. 5. PWC Matters: A. Consideration of approval of bid award to Industrial Truck Sales, low bidder meeting specifications for purchase of one 5,000 pound Forklift truck. PWC Manager Tim Wood presented this item. Mr. Wood recommended approval of bid award to Industrial Truck Sales, the low bid-meeting specifications. The other two bidders did not meet specification, with respect to the electrical system, transmission, nor tire requirements. Councilmember Evans made a motion that Council approve this bid award to industrial Truck Sales as recommended by PWC Manager. Motion was seconded by Councilmember McBryde and carried unanimously. B. Consideration of new Article II, Chapter 2LA, “Recreational Uses on Watershed Lakes.” PWC Manager Tim Wood stated that PWC had worked a number of months with Jack Wilson and his staff together with the City Manager's staff to provide a broader access to the watershed lakes owned by the City. Mr. Wood stated that he, along with Jack Wilson and others, are recommending an ordinance that would allow increased use of the lakes for boating and fishing purposes. This ordinance has been reviewed by Council's staff, City Attorney, and the Public Works Commission. Councilmember Evans made a motion to adopt the ordinance as recommended by PWC and the Parks and Recreation Department. Councilmember Kendrick seconded the motion. After questions from Council to Mr. Wood and Jack Wilson, Director of Parks and Recreation Mayor Hurley called for the vote. The decision was unanimous. The ordinance title is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING A NEW ARTICLE II, “RECREATIONAL USES ON WATERSHED LAKES” OF CHAPTER 21A, CODE OF ORDINANCES, FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NUMBER S1987-37. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1987. C. Consideration of Resolution authorizing condemnation of property located in Cross Creek Township to provide the public with an adequate and sound sewage collection and disposal system. (Intersection of Morganton Road and Northview Drive) (ITEM PULLED) D. Consideration of Resolution authorizing condemnation of property located in Carvers Creek Township to provide the public with an adequate and sound sewage collection and disposal system. (North side of Chesapeake Road and West of College Lakes) (ITEM PULLED) E. Consideration of Resolution authorizing condemnation of property located in Cross Creek Township to provide the public with an adequate and sound sewage collection and disposal system. (South side of Morganton Road between Northview Drive and Skye Drive) (ITEM PULLED) F. Consideration of resolution authorizing condemnation of property located in Cross Creek Township to provide the public with an adequate and sound sewage collection and disposal system. (North side of Chesapeake Road) (ITEM PULLED) G. Consideration of Resolution authorizing condemnation of property located in Carvers Creek Township to provide the public with an adequate and sound sewage collection and disposal system. (South side and North side of College Lakes) (ITEM PULLED) H. Consideration of Resolution authorizing condemnation of property located in Carvers Creek Township to provide the public with an adequate and sound sewage collection and disposal system. (East side of College Lakes) (ITEM PULLED) 6. Consideration of request from Mrs. Berrie Jenkins. Mrs. Berrie Jenkins, 341 Cross Creek Street, addressed Council concerning the problem she is experiencing with her neighbor's chickens and turkeys that he has penned at her bedroom window. Mrs. Jenkins stated the noise and smell are unbearable. Mayor Hurley asked about the current law to which the City Manager responded the ordinance allows for 10 chickens and states they have to comply with the Cumberland County Health Department. Councilmember Dawkins advised he visited the property and found that the odor was terrible. Councilmember Ross stated that she had visited the area and found the situation just as Mrs. Jenkins had described. Mrs. Ross added that Mrs. Jenkins' husband has a respiratory problem and needed all the fresh air he can get, but under the present conditions, they cannot open their windows. City Attorney Bob Cogswell stated that the City has authority under the General Statutes to bring action if there is a health nuisance but would need the support of the County Health Department. Mr. Cogswell further stated the problem is that, according to Walter Haire of our Inspections Department, when the Health Department goes to this property it has been cleaned up - E “cat and mouse” situation. Mr. Cogswell advised the other alternative is to repeal the ordinance giving persons who have chickens a set amount of time to get rid of them All of the Councilmembers expressed their concerns and requested immediate action be taken to help Mrs. Jenkins. Mayor Hurley suggested that Council request an ordinance be prepared setting out specific requirements to be met to house chickens. The City Manager stated that he will contact the Health Department tomorrow to do what he can to help Mrs. Jenkins and then prepare an ordinance to bring back to Council within 30 days. 7. Consideration of request from Ronald S. Huskey, representing the Fayetteville Chapter of Bread for the World, to be heard by City Council. Ruth Hatcher, 3222 Jura Drive, came forward. Ms. Hatcher advised that due to the length of the public hearings, Mr. Ronald Huskey was unable to stay and present this item as he had to report to his work place. Ms. Hatcher addressed Council on behalf of the Fayetteville Chapter of Bread for the World which is an affiliate of the National Bread for the World Group, a Christian-citizens movement concerned with hunger and poverty. They have found there was no overview of the situation in Cumberland County so they have published a report, “Hunger in Cumberland County - What is Being Done?” Copies of this report were given to Council. Ms. Hatcher stated that they are asking City Council to pass a resolution to support their findings and that this report be disseminated to the appropriate City agencies. Following questions and comments from council, Councilmember Evans made a motion to adopt a resolution to support the Bread for the World Hunger Watch Study and their findings, and that this report is to be spread to the appropriate City agencies. Motion was seconded by Councilmember Mark Kendrick. Councilmember Dawkins asked if Councilmembers Evans and Kendrick would change the motion to say this matter will be turned over to administration for preparation of a resolution to be brought back for Council's consideration at the next meeting. They agreed and Mayor Hurley called for the vote on the amended motion. Vote was unanimous. 8. Consideration of Ordinances ordering the demolition of buildings at the following locations: A. 4209 Dwight Circle Walter Haire, Chief Housing Inspector, requested that this item be pulled. B. 820 Varsity Drive Walter Haire stated that the initial inspection was done in March 1987. There was fire damage to the duplex Apartment B with 50 percent of the apartment destroyed. Apartment A received smoke damage. Mr. Haire also stated that a letter was sent to the owner at that time, Mr. Tildon Downing, who then sold the property to Mr. Henry Colvin. The same notification was then sent to Mr. Colvin. Mr. Haire stated they have worked with Mr. Colvin on a number of occasions and Mr. Colvin's reply was that he had disked the yard and had picked up the debris from the yard. Mr. Henry Colvin came forward. Mr. Colvin stated that he had purchased the property in June or July 1987. He had removed all the burnt rubbish and removed the broken windows. Mr. Colvin added that he had since landscaped the yard and plans to continue the work. Following some discussion, Councilmember Evans moved that this ordinance be adopted with the addition that 90 days be given for Mr. Colvin to bring this property up to standard. Motion was seconded by Councilmember McBryde and carried unanimously. 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. [90 DAYS GIVEN (2/2/88) FOR OWNER TO BRING PROPERTY UP TO STANDARD - 820 VARSITY DRIVE). ORDINANCE NUMBER NS1987-28a A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1987. C. 109 Woodside Avenue Walter Haire reviewed the condition of 109 Woodside Avenue for Council. Mr. Haire stated that Mr. Archie Taylor had been in the audience but had left earlier. Councilmember Kendrick moved that this ordinance be adopted, seconded by Councilmember McBryde, and carried unanimously. 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. (109 WOODSIDE AVENUE). ORDINANCE NUMBER NS1987-29. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1987. 9. Consideration of application for Emergency Shelter Grant Program. Councilmember McBryde moved that Council allow the City to apply for funding through the North Carolina Emergency Shelter Grants Program as recommended by Richard Herrera. Motion was seconded by Councilmember Kendrick and carried unanimously. 10. Consideration of revision to traffic schedules: A. Traffic Schedule #6 - Stop Intersections B. Traffic Schedule #14 - Yield Right-of-Way City Engineer Bob Bennett presented this item. Mr. Bennett stated that these proposed revisions have to do with new subdivisions and are merely additions to the stop schedule and yield right-of-way schedule. Councilmember McBryde moved that Council adopt the two ordinances as recommended by the City Engineer. Councilmember Kendrick seconded the motion and same carried unanimously. The ordinance titles are as follows: AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (TRAFFIC SCHEDULE NO. 6 - STOP INTERSECTIONS). ORDINANCE NUMBER NS1987-30. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (TRAFFIC SCHEDULE NO. 14 - YIELD RIGHT-OF-WAY). ORDINANCE NUMBER NS1987-31. A copy of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1987. 11. Consideration of refund to Artis Lee Council. Councilmember Dawkins moved that Council authorize a refund to Mr. Artis Lee Council of $750.00 and that a deed of correction be prepared. Motion was seconded by Councilmember McBryde and carried unanimously. 12. Appointments: Nominations to fill two (2) vacancies of 2-year terms for the Fayetteville Appearance Commission. Nominations to fill one vacancy of a 3-year term for the Personnel Review Board. Nominations to fill one vacancy of a 2-year term for the Fayetteville Redevelopment Commission. Councilmember McBryde moved that the appointments be carried over to the next regular meeting. Motion was seconded by Councilmember Kendrick and carried 8 to 1 with Councilmember Johnson voting against. 13. Administrative Reports: There were no administrative reports. City Manager John Smith stated that a meeting for City Council should be scheduled for Monday, November 9, regarding the Prince Charles matters. Councilmember Evans moved that a meeting be scheduled as set out by the City Manager, seconded by Councilmember Kendrick and carried unanimously. There being no further business, the meeting was adjourned at 10:22 p.m. SPECIAL MEETING MONDAY, NOVEMBER 9, 1987 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER MONDAY, NOVEMBER 9, 1987 7:00 P.M. Present: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager for Operations Robert C. Cogswell, Jr., City Attorney Robert Bennett, City Engineer Richard Herrera, Community Services Director Tommy Bolton, Councilmember-elect Horace Thompson, Councilmember-elect Milt Wofford, Councilmember-elect The meeting was called to order by Mayor Hurley. Councilmember Dawkins informed Council that the December 7, 1987, meeting will be the installation of the new Mayor and Council. There will be a brief meeting with the old Council and then a meeting with the new Council followed by a reception at the Kyle House. Councilmember Evans invited everyone to attend the Governmental Association meeting on November 10. 1. Consideration of Village Drive sidewalk Plans: City Engineer Robert Bennett presented this item. Mr. Bennett stated the only question is which side the sidewalk should be constructed. Staff has reviewed the project and recommends the south side due to the density of development being higher on the south side with a shopping center, elementary school, public library, and a greater amount of residential development. On the north side, there is a Catholic Church and School, some residential, some commercial, and undeveloped land. Mr. Bennett also pointed out that they are recommending putting sidewalks on both sides for a short length where it butts the Catholic School and Church and extend that to Purdue Drive. City Manager John Smith stated there were some concerns about the fences and hedges along the south side. Mr. Smith stated these are at intersections and the engineering plans call for the sidewalk to be taken away from the right-of-way and moved towards the intersection and will not interfere with the fences and hedges that are already there. Councilmember McBryde asked if the sidewalk was to be placed on the street side of the telephone poles. Mr. Bennett answered the sidewalk would go right behind the telephone poles on the private property side. Councilmember McBryde advised he has already heard from people who do not want the sidewalks built on that side of the telephone poles. Councilmember Kendrick asked will there be any complications with fire hydrants. Mr. Bennett replied fire hydrants will probably have to be adjusted wherever the sidewalk is placed. Mr. Bennett also stated City Council adopted a policy for putting the sidewalks at the right-of-way line to protect the right-of-way line. This policy also states a new street shall be graded to the right-of-way line to the City's standard sidewalk grade. Mr. Bennett stated if Council does not follow through with this policy on their streets, developers will not want to grade the full right-of-way. Mr. Bennett pointed out that this is one of the few opportunities the City has to have a tree-lined thoroughfare with adequate room for sidewalks. Following further discussion, Councilmember Evans made a motion that the sidewalk be constructed on the south side of Village Drive as recommended by the City Engineer. Mr's. Evans stated she feels that this would have the greatest good for the most amount of people. Motion was seconded by Councilmember Johnson. Councilmember McBryde stated he feels the sidewalk should be constructed on the north side of the telephone poles and that a public hearing should be held in order for the residents of that area to have an opportunity to be heard. Councilmember Jones stated he feels Council is varying from what people are accustomed to and he cannot support the sidewalk construction so far back from the street. Following further discussion, Councilmember McBryde offered a substitute motion that a public hearing be set, seconded by Councilmember Jones, and failed with a vote of 6 to 3. Councilmembers McBryde, Jones, and Kendrick voted for the substitute motion. Mayor Hurley then called for the vote on the main motion which was to follow recommendation of City Engineer. Motion passed with a vote of 7 to 2 with Councilmembers McBryde and Jones voting against. Councilmember Evans asked consideration be given to planting dogwood trees along this strip. 2. Consideration of resolution to acquire a drainage easement north of Stacy Weaver Drive. City Engineer Bob Bennett presented this item. Mr. Bennett advised the City needs an easement to install an underground pipeline system that would be north of Stacy Weaver Drive. The property owner has failed to give any response during the three months of negotiations. Mr. Bennett recommended adoption of the resolution so the project may go forward. Councilmember Jones asked if the low area where the water is going to be drained was lots or highway right-of-way. Mr. Bennett advised this property is owned by College Lakes, Inc., and there are no lots just a large drainage ravine. Councilmember Jones asked if the people who own the abutting lots were in agreement with this action. Mr. Bennett answered they are not involved as their property does not touch the proposed ditch or easement. Councilmember Johnson asked if Mr. Bennett could foresee any future problems developing, such as Council had just experienced in The Greens Subdivision. Mr. Bennett stated he does not foresee that but cannot offer assurance that there will never be a complaint about this channel. Councilmember Ross stated the City should take care of this problem before it develops into a bigger problem and made a motion to follow the recommendation of the City Engineer to adopt this resolution. Councilmember Pillow seconded the motion and the vote was 8 to 1 with Councilmember Jones voting against. The resolution title is as follows: A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. (PARCEL N-1 FOR EASEMENT ON NORTH SIDE OF STACY WEAVER DRIVE) RESOLUTION NO. R1987-102. A copy of the foregoing Resolution is on file in the City Clerk's office in Resolution Book R1987. 3. Discussion of Prince Charles Hotel Project and proposed City Hall lease. City Manager John Smith recognized John Nagel, Robert Stafford, and Roy Harvel with Amherst Development as being present in the audience. Mr. Smith advised Council this was the most recent draft of the proposed lease agreement. Mr. Smith pointed out there are still some items that needed to be filled in on the agreement as well aa some exhibits that needed to be attached. The purpose of this meeting, according to Mr. Smith, is to discuss this agreement as it has proceeded thus far and to have Mr. Nagel bring Council up to date on where Amherst Development stands on the total project. Mr. Nagel came forward. Mr. Nagel began by saying the project, Prince Charles and the revitalization of Hay Street and downtown Fayetteville, is closer than it has ever been to reality. The financial condition still looks favorable and is essentially waiting on what will be done here. One condition in all areas is that a lease exist which is why Mr. Nagel asked for a meeting to hammer out the details of this lease agreement. Mr. Nagel advised their historic tax credit status looks excellent which is also very critical to Amherst's ability to do the project. At this time, Mr. Nagel received questions from Councilmembers. Councilmember Evans stated she did not understand whether the Tenant or the Landlord carried the fire insurance on the building. Mr. Nagel replied that the Landlord will be required to have the insurance but the Tenant will pay to the Landlord a pro-rata share of the premium based upon the ratio of the square footage occupied to the total square footage of the building. Councilmember Evans then referred to page 35 and stated she felt someone designated by the City Manager should accompany the Landlord when entering City offices. Mr. Nagel agreed. Councilmember Evans referred to pages 50 and 51 stating she does not understand the lease renewal terms to which Mr. Cogswell responded this was covered on page 5. Councilmember Evans stated she did not find a purchase price spelled out in the lease. Mr. Cogswell advised there was not one in the lease but they are working on that. Mr. Cogswell also stated that if the Landlord wants to sell, they must give the City first option. According to Mr. Cogswell, one of the keys is on page four, item C, which has not been completed yet. Councilmember Evans concluded her question period by stating she feels it should be stated in the lease that the Landlord is responsible for all exterior maintenance. Mr. Nagel replied that this statement was intended to be included; and if it is not in this lease, they will include same. Councilmember Dawkins referred to the sales price question discussed previously and stated he had asked for a purchase price on May 5 as he feels if we move into anything worth leasing that we need to acquire it as soon as possible. Councilmember Dawkins asked also where we would be moving and then the specifications. With reference to the sales price, Mr. Nagel stated they would have to settle on an appraised price at some future date. He stated they could not write in a set price today which would be good five years from now as they do not have Exhibit B which is what the City's requirements are. Councilmember Dawkins interjected that renovation of any building can be very expensive to which Mr. Nagel responded it would be their problem to keep the requirements within what is affordable in the lease. Mr. Smith stated and Mr. Nagel confirmed that Amherst has to retain ownership for the first five years to get the historical tax credit. Councilmember Dawkins asked if they had any idea where the City offices would be. Mr. Nagel answered they expect to utilize the Grace Pittman Building which they consider to be a good choice for a major office building. He stated there is a total of 120,000 square feet in that building, and the City has committed at this point to 80,000 square feet. Councilmember Ross asked if the low-income people will be given employment opportunities during the construction to which Richard Herrera, Director of Community Services, advised this is a Federal requirement. Councilmember McBryde asked Mr. Nagel if he had any idea about the triple net cost as he had heard it could be $2.00 or more a foot on downtown property. Mr. Nagel said that sounded very high but he had not really researched it. Councilmember McBryde stated we needed 80,000 square feet but if we decided to buy, we would have to purchase a 120,000 square foot building. Mr. Nagel advised the building is already divided into three sections and can be shifted according to what the City's final needs turn out to be. Councilmember McBryde stated he feels like we are a little premature until Mr. Nagel can be more specific. Mr. Nagel replied they would like to be more specific but cannot lay out something when the City's requirements have not been received. Councilmember McBryde stated he doesn't think Council can do anything until Mr. Nagel lays something out. Mr. Nagel stated that if Council expected to vote on an architectural rendering, this assumption was correct but he did not see that as being what this agreement covered. Mr. Smith stated it was the City's responsibility to provide the layout and specifications which is the way the City wanted it to be. Councilmember McBryde concluded his question period by stating that Council needed to know the City's specifications before they went any further. Councilmember Pillow stated that in essence we were to come up with a lease agreement to provide the required office space for roughly $6.50 per square foot. After providing this, the developer would come back and give us the building on which he is negotiating. Mr. Pillow said that without Exhibit B the developer cannot give us the specifics. Mr. Pillow also stated he does not think this lease would tie Council down any further than their letter of intent already ties them down as long as it is stated in the agreement that the City will have an option to buy. Councilmember Dawkins stated he did not want to vote on anything until Council's staff comes back with what they consider to be the City's needs. Mr. Dawkins then asked if they had determined any problems in renovating these buildings as this is a unique situation. Mr. Nagel responded that one of the things that appealed to him in the Grace Pittman Building was the fact that it had been converted to retail use by removing the inside partitions leaving it open for rehabilitation to almost anyone's standards. Mr. Nagel stated that they simply cannot wait for architects to come up with final plans as this could take six months to complete. Mr. Nagel said he realized Council was very tired of hearing about deadlines but one of these days the deadline was going to come. Mr. Smith stated the draft before Council has had a number of revisions with a couple of paragraphs still to be worked on by Bond Counsel. He stated that he does not recommend Council waiting until the City completes its specifications before entering into a conditional agreement - a conditional agreement being that our specifications would have to be met. Councilmember Kendrick directed attention to page 5, “Rent checks are to be made payable to Amherst Development Company, or such other person, firm, or corporation as the LANDLORD may hereafter designate in writing.” Councilmember Kendrick stated he was leery of this. Mr. Cogswell stated they are looking into a trustee-type situation, and this was one of the areas the Bond Counsel was working on. Councilmember Kendrick asked if on page 28 and 29 the wording could be added to the effect that the City could utilize our personnel for maintenance and be reimbursed by the Landlord. Mr. Nagel replied that this was perfectly acceptable. Councilmember Kendrick asked about the parking arrangements mentioned on page 48. Mr. Smith answered that if there is designated parking for another tenant in the building, our employees will not be allowed to park in their parking area. If we lease all the building, we will then have access to the total parking area. Councilmember Kendrick asked if on page 60 were we going back to a lease purchase contract giving us the first refusal and that we could start working on purchasing the property after four years. Mr. Smith stated that this is saying if the Landlord decides to sell, he must first offer to sell to the City. If we do not exercise that right, then the Landlord is free to sell to whomever. Mr. Nagel added that even if they sold to someone else, the lease would be recorded and would have to be honored. Councilmember Kendrick concluded his question period by asking Mr. Bennett about the structural condition of the proposed building to which Mr. Bennett stated he had not inspected the building. Mr. Nagel advised that they brought in Diversified Construction Concepts from Lexington, Kentucky to get an independent appraisal of the building and its condition and they were extremely favorable. He added the building is structurally sound with the basic utilities going into the building and even the service elevators being in good condition. Mr. Smith added that staff will also be having structural engineers and heating/air conditioning engineers looking at the building. Councilmember Evans stated she wanted to ask too about our options at the end of five years. Mr. Smith advised the intent of this agreement is that at the end of five years, the City could exercise one of three options: 1) renew the lease for another five year, at a rent amount determined by the formula in this document, 2) purchase the building, or 3) move out into other quarters. Councilmember Ross stated the City almost lost the USO Building through procrastination and she does feel good about this project so she wished to make a motion that Council approve the wording as it is in this document up to this point with the understanding that additions and corrections will come in the future. Motion was seconded by Councilmember Torrey. There was discussion between Councilmembers and City Manager as to what could or could not be approved in connection with the draft presented at this meeting. Mayor Hurley repeated the motion offered by Ms. Ross and Mr. Torrey and recognized Councilmember Johnson for discussion of said motion. Councilmember Johnson stated that we are moving forward in the proper direction, and we ought to leave it at that for the present until they get all the additions and changes to the lease completed. Councilmember Johnson also stated that they needed to see what UDAG does. Councilmember Kendrick asked would it be in order to say Council approved the first reading of the draft so as not to risk losing the funding. Mr. Nagel stated that UDAG is requesting unconditional funding, and unconditional funding is based on two elements: expectations of what the Prince Charles Hotel will do and the City's lease. Further discussion followed concerning the incompleteness of this lease and the time factor. Mayor Hurley recognized Mr. Smith who suggested that Council instruct staff to get with Amherst to work out the remaining details and bring it back to Council at their regular meeting. Mr. Nagel asked that a special meeting be called as he feels that a two-week delay is something they cannot afford right now, Discussion continued on when the next meeting should be set. Councilmember McBryde was recognized and he referred to the last paragraph in the City Manager's confidential memo dated November 2 concerning the background on Amherst and its principals. He asked how long it would take for Council to get answers to specific questions. Mr. Smith advised he had suggested that any matters of outstanding litigation against Amherst or principals of Amherst simply be disclosed to the parties involved. He said if that is done then all parties will have the opportunity to look into this matter. Following a five-minute break, Mayor Hurley called the meeting back to order and reminded Council there was a motion on the floor. After further discussion on when to set the next meeting it was determined to schedule the meeting for Thursday, November 19, at 8:15 a.m. Councilmember Ross advised Mayor Hurley that she wished to table her motion and the Chair called for Council's vote. It was a unanimous decision that motion be tabled. Mayor Hurley then turned attention to the area concerning litigation to be discussed. Councilmember Dawkins suggested that in fairness to everyone involved that Council should direct any questions on this matter to Mr. Smith and Mr. Cogswell. Councilmember Jones voiced his agreement with Mr. Dawkins. Mayor Hurley stated he is concerned that if Council does not give the persons involved an opportunity to make some expression then perhaps some questions in Council's mind will never be answered. Councilmember Johnson advised they could go into executive session. Councilmember McBryde stated he agreed with Mr. Dawkins' suggestion. Mr. Nagel stated that part of their responsibility is a full disclosure. He also advised they had already informed the City that lawsuits do exist and the general nature of them. Mr. Nagel stated that these lawsuits do not affect Amherst Development Company as they are not a party to a lawsuit. He also advised the lawsuit that was against Amherst Development Company at the time of the original letter of intent has been settled in what they consider to be their favor. Mr. Roy Harvel advised that they stand ready to make full disclosure but not in the public forum. He stated they will make available their attorneys to City Council to answer any questions. He reiterated what Mr. Nagel stated concerning Amherst Development Company not being a party to any suit. Mr. Harvel advised that the suits that are pending are against the principals, Robert Stafford and himself. Mr. Cogswell stated be believed it would be premature to discuss this matter tonight since he did not have the answers to the Council's questions. Mr. Cogswell stated he preferred to proceed the way Mr. Dawkins and Mr. McBryde had suggested. Councilmember Pillow encouraged Councilmembers to inform staff of all their questions so when they come to the meeting on Thursday, they will have all the information. Mr. Cogswell advised the two lawsuits are beyond his field of expertise and he will have to discuss same with other individuals and will report to Council within that context. Councilmember Johnson asked Councilmember-elect Horace Thompson how his company, who has shown intent to lend Amherst a million dollars, felt about these pending lawsuits. Councilmember-elect Thompson answered that they, like City Council, are waiting for some additional answers. Mr. Thompson also stated that at this point they have made a commitment and still stand by that commitment. Mr. Smith stated that he and Mr. Nagel have discussed this matter and they have indicated full disclosure which is the key to the parties involved. Mayor Hurley thanked everyone and stated this had been a very constructive session. Meeting was adjourned at 9:10 p.m. REGULAR MEETING MONDAY, NOVEMBER 23, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, NOVEMBER 23, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley Councilmembers J. L. Dawkins, Milo McBryde, Jimmie Jones, Ida Ross, Joseph L. Pillow, Sam Johnson, and Mark Kendrick, Thelbert Torrey arrived at 7:50 p.m. ABSENT: Councilmember Mildred Evans - excused. OTHERS: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager, Operations John B. Brown, Jr., Assistant City Manager, Staff Robert C. Cogswell, Jr., City Attorney Robert M. Bennett, City Engineer Tim Wood, General Manager, PWC Robert Barefoot, Parks and Recreation Jenny Kuck, Assistant Airport Manager Tom Lloyd, Planner II, City/County Planning Department Members of the Press Mayor Hurley called the meeting to order and welcomed everyone to the second regular meeting that had been postponed due to Councilmembers being out of town. Reverend Stanley Moore, Harry Hosier United Methodist Church, offered the invocation followed by the Mayor leading the Pledge of Allegiance to the American flag. Mayor Hurley then welcomed the City Clerk, Bobbie Joyner, back following recuperation from surgery. He also inquired about Airport Manager Tom Ray's condition. Mr. Smith responded that the latest word from the hospital is they have still not definitely diagnosed his condition as a heart attack and are making further tests. Mr. Smith informed the Mayor and Council that Councilmember Torrey had called and stated he would be a few minutes late to the meeting but he would be here. Mayor Hurley then acknowledged that Councilmember Evans also had an excused absence from tonight's meeting. Recognition: Mayor Hurley presented to Sara Hall, Fayetteville City/County Youth Council and Fayetteville Kiwanis Club, Youth of Month for October 1987 award in the form of a beautiful certificate and a $50 check. Mayor Hurley also recognized three ladies in the audience who, through their hard work, benefited us all in their respective fields. They are putting our City on the map. These ladies have made us all very proud of ourselves with their love and dedication. Mayor Hurley then read a list of some of their accomplishments: Carolyn Cone Weaver, Executive Director, The Arts Council of Fayetteville/Cumberland County, has for the past 10 years steered the development of the arts in Cumberland County through education, public relations, long-range planning and coordination of local arts agencies. Carolyn has been responsible most recently for establishing a downtown Arts Center which will house meeting rooms, galleries and office space for numerous art organizations. Carolyn serves on the boards of several organizations including the Junior League of Fayetteville, North Carolina; Second Vice-President, North Carolina Association of Arts Council, Cumberland County Committee for America's 400th Anniversary; Professional Arts Council of Eastern North Carolina; Networth; State-wide Advisory Board. Her accomplishments include: (1) Coordination of the renovation of the Frances Brooks Stein Library as the Community Arts Center. (2) Development of Sunday on the Square, a local Arts Festival, into one of the largest annual Arts festivals in the Southeastern North Carolina. (3) Recipient of the Governor's Business Award in Arts and Humanities on behalf of the Arts Council. (4) Spearheaded National Endowment for the Arts Locals Program Grant. Secured commitment from city and county governments for matching funds. (5) Conducted Fayetteville's first cultural plan, establishing long-range planning for improving cultural programs in Cumberland County. (6) Designated more than $39,869 in 1986-1987 in grants to local arts agencies. (7) Assisted in fundraising for renovation of Downtown Arts Center raising $750,000. Mrs. Weaver stated that she was only doing her job. If it weren't for the enthusiastic board members and members of City Council and County Commissioners, the Arts Council would not be where it is today, she stated. Bo Thorp, Executive Director, Cape Fear Regional Theatre (formerly Fayetteville Little Theatre) can be credited with most of the accomplishments of the theatre during the past 25 years. She has helped the theatre achieve state-wide recognition, by establishing with Historian Rosalie Kelly “River Renaissance,” a project which combines theatrical performances, cruises and historical reenactments. Her accomplishments include: (1) Recipient of Governor's Council on Arts and Business Award for cultural excellence for River Renaissance. (2) Cape Fear River Research Institute Award for River Renaissance. (3) Best Play Award, Pump Boy's and Dinettes, North Carolina Theatre Conference. (4) Fayetteville/Cumberland County Arts Council Award for the Arts Organization making the most significant contribution. (5) North Carolina Theatre Conference Award for Best Community Theatre in the state of North Carolina. (First award in its kind to be given by the conferences' Board of Directors.) (6) Winner of Best Play and Best Actress Award for Quilters at the North Carolina Theatre Conference. (7) second place for Quilters in 10 State Regional Competition, Richmond, VA. (8) worked with Cumberland County on films addressing teen pregnancy drama workshops for the handicapped. (9) Directed more than 25 musicals and 20 regular plays, 2 dramas, and 3 children's plays. (10) Acted in more than 25 plays, winning CFRT Best Actress Award 1967, 1969, 1970; All Army Best Actress 1976, 1977 and FORSCOM special Award 1978, 1980. Mrs. Thorp stated that she does not do it alone and she feels she has to do it to fulfill a need for herself. It is just luck that it happens to be a need that is also met in the community, she stated. Rosalie Huske Kelly, Co-Chairman, Cumberland County Committee for the Commemoration of the U.S. Constitution. Rosalie has been for many years the backbone of our historic community. As a volunteer, Rosalie has spent countless hours teaching our citizens about our rich heritage and the importance of historic preservation. Rosalie has served for 12 years on the Historic and Scenic Sites Committee, as Chairman of the restoration of the Belden Horne House (currently houses the Chamber of Commerce) and led the way in saving this historic building from demolition. She also served as Chairman of the restoration of the Barges Tavern (now the home of the Convention and Visitor's Bureau). She has worked countless hours on the Belden Horne House restoration, a project which received one of the 12 awards of merit for excellence from the Historic Preservation Foundation of North Carolina. She served as Vice-Chairman of the Historic Properties Commission. She developed the candlelight Tour at the request of our previous Mayor. Now in its 9th year, this tour brings visitors from throughout Southeastern North Carolina to Fayetteville. In the community, Rosalie serves on the North Carolina Museum of History Associates as well as Chairman of the Fayetteville branch of the Museum of the Cape Fear. she serves on the Board of Directors of the Historic Preservation Foundation, a group which recently received 1 of 11 awards of merit for excellence for the restoration of the Cool Spring. Rosalie served our City in an official capacity as Chairman of American's 400th Anniversary, an appointment made by former Governor Jim Hunt. This group helped develop the award winning “River Renaissance” at the Cape Fear River front. Rosalie has developed school tours for children, devoted countless hours to preparing the All America City application and represented Fayetteville in Washington for the award presentation. The list continues Her most recent accomplishments include: (1) Recipient of the “Making a Difference” Award for community volunteer work. (2) Recipient of the coveted Ruth Coltrane Cannon Cup presented by the Historic Preservation Foundation of North Carolina. The most prestigious award given in historic preservation. (3) Recipient of the first Marque Award for Historic Preservation to be designated in the future as “The Rosalie Huske Kelly Award.” Mrs. Kelly stated that she loves what she is doing and it is an honor to serve her community. Mayor Hurley presented a plaque and a small gift to each followed with a standing ovation by Council, staff, and audience. At this time, Councilmember Ross asked to notify the senior citizens in the audience that had come to hear a discussion of a possibility of having a light installed at Murchison Road and Blue Street that that item is not on the agenda tonight. Mr. Smith responded that there had been a request for this to be put on the agenda. However, this had been discussed by Council previously and a request had been sent to NCDOT and turned down by them. We will continue to pursue that matter. Mr. Smith stated he has been informed that some of the senior citizens will be contacting NCDOT directly. Mayor Hurley thanked those present on this matter for coming and encouraged them to assist in this effort. At this time, Mayor Hurley stated that Mr. Smith has requested an executive session at the end of the meeting for discussion of a land transaction matter. 1. Approval of Agenda The City Manager requested that additional items sent to Council on Friday in a memo be placed on the agenda. They are as follows: Setting of a public hearing for December 21, 1987, for consideration of Ordinance Amendment dealing with dogs and other animals or fowl for Item 21, and consideration of a Resolution from the Senior Roundtable regarding Senior Housing for Item 18C. Councilmember McBryde also requested that Item 9 concerning the Cain Road be placed under consent for setting of a public hearing due to the number of calls he has received on this matter. Councilmember Dawkins offered motion to set a public hearing for December 21 and place Item 9 under consent item as 2J, seconded by Councilmember Kendrick and carried with a vote of 5 to 2, Councilmembers Johnson and Ross voting against. Councilmember McBryde offered motion to approve the agenda with the changes as recommended, seconded by Councilmember pillow, carried 6 to 1 with Councilmember Johnson voting no. 2. Consent: Councilmember McBryde offered motion to approve the consent agenda and adopt the resolutions and ordinance, seconded by Councilmember Kendrick and carried unanimously. A. Approval of minutes of regular meeting of November 2, 1987. B. Adoption of Budget Ordinance Amendments 88-10 and 88-11.C C. Set public hearing for December 21, 1987, to consider the rezoning from 1P Shopping Center District to C1 Local Business District for an area located at 106 Jasper Street. Case No. p87-131 D. Award of contract for purchase of six sets Substation Batteries, six Substation Battery Racks, and three Substation Battery Chargers to Rigby Electric Supply, Inc., the low bidder. (PWC) E. Award of contract for purchase of 142 padmount transformers of varying size and voltage to the following low bidders: (PWC) 1. Eastern Electric Supply for fifty 25 KVA 2. Eastern Electric Supply for fifty 50 KVA 3. Central Maloney for thirty 100 KVA 4. Central Maloney for ten 167 KVA 5. Mill-Power Supply for two 2500 KVA F. Adoption of Resolution setting a public hearing for December 21, 1987, to consider paving pursuant to petition, of Olive Road from existing pavement to Sherwood Drive. A RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (PAVING OF OLIVE ROAD). RESOLUTION NO. R1987-103 G. Approval of revision of Traffic Schedule Number 8 - Speed Control. Deletion of 25 MPH school zone speed limit at Ramsey Street Elementary School. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF THE FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 8 - SPEED CONTROL - RAMSEY STREET). ORDINANCE NO. NS1987-32 H. Adoption of Resolution fixing date of Public Hearing on question of annexation pursuant to G.S. 160A-31, as amended. (Alco Mobile Home Park, 1128 Shaw Road. Public Hearing set for January 4, 1988.) A RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-131, AS AMENDED (ALCO MOBILE HOME PARK, 1128 SHAW ROAD). RESOLUTION NO. R1987-104 I. Setting of a public hearing for December 21, 1987, for consideration of ordinance amendment dealing with dogs and other animals or fowl. J. Set public hearing for December 21, 1987, for consideration of issue concerning bond finance street projects. A. Assessment for the Cain Road Widening Project B. Construction of sidewalks on Cain Road C. Assessment for the Purdue/Chelseka Connection Copies of the foregoing Resolutions are on file in the Clerk's office in Resolution Book R1987 and the Ordinance is in Ordinance Book NS1987. 3. Public Hearings: 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. This item was presented by Planning Board staff member Tom Lloyd who requested that this be referred back to the Planning Board for changes recommended by the Archives and History, so they can refine their report. This being an advertised public hearing, Mayor Hurley declared the public hearing open. There were none to appear for or against this matter. Councilmember Dawkins offered motion to refer this item back to the Planning Board, seconded by Councilmember Kendrick and carried unanimously 7 to 0. The public hearing was declared closed. 4. Planning Board Matters: Consideration of the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the west side of Roxie Avenue, North of John Marshall Road. Case No. P87-126 Tom Lloyd presented this item stating that the Planning Board recommended following the staff's recommendation to rezone this area. Councilmember McBryde offered motion to follow the recommendation of the Planning Board and staff to rezone the west side of Roxie Avenue, North of John Marshall Road, C1 Local Business District to C3 Heavy Commercial District, seconded by Councilmember Kendrick and carried unanimously 7 to 0. 5. Consideration of request to address City Council by Mr. Jim Cherry concerning Old Street parking on Sunday. This item was presented by Luke Wheeler representing the Hay Street United Methodist Church, requesting Council waiver the no parking on Old Street in the no parking zone between the hours of 8:30 a.m. and 1:00 p.m. on Sundays. Mr. Smith brought to Council's attention that the no parking spaces are handicapped, fire hydrants and at intersections where it would be difficult or impossible for fire trucks to make a turn if cars were parked there. There are a few loading zones marked no parking on Old Street. Police Chief Hansen added that they are not referring to the entire Old Street. He stated their purpose is to make it safe enough for fire trucks to make their turns at the intersections and to have access to fire hydrants. The rest of Old Street is for parking now. Mr. Elbert Jackson requested to be heard by Council. Mayor Hurley received approval from Council to hear Mr. Jackson. Mr. Jackson stated that he wished to dispute the Chief's remarks because he had received a parking ticket in a no parking area loading zone in front of the church on last Sunday morning and they are asking to be able to park in loading zones. Councilmember Johnson offered motion to grant the request, seconded by Councilmember Jones. Following some lengthy discussion, Mr. Smith offered a suggestion that Council allow parking in the loading zones on old Street on Sundays between 8:30 a.m. and 1:00 p.m. There was some further discussion with a request that this be returned to Council following some further study with more information. Councilmember Johnson withdrew his motion and Councilmember Jones withdrew his second. Following some further discussion, Councilmember Jones offered motion to not issue a ticket in the loading zones on Old Street on Sunday between 8:30 a.m. and 1:00 p.m. until Council takes official action, seconded by Councilmember Johnson. There was a tie vote of 4 to 4. Mayor Hurley voted in favor of the motion, however, in repeating the outcome of the vote it was realized that he misunderstood the motion. Mayor Hurley then called for another vote which showed the motion to fail 4 to 5 with Councilmembers Dawkins, McBryde, Jones, and Johnson voting for and Councilmembers Kendrick, Torrey, Ross, and Pillow voting against with Mayor Hurley breaking the tie by voting against. Mr. Smith stated that by the end of the week staff will identify those loading zones that are on Old Street for just loading and are not located in crucial areas creating hazards. 6. Consideration of proposed rate schedules for the following off premise Airport use: A. Rental Cars B. Courtesy Van Assistant Airport Manager Jenny Kuck presented this item requesting that Council approve the suggested schedule for rental cars at 10 percent and courtesy vans at $250 per vehicle per year as recommended by the Airport Commission. Councilmember McBryde questioned how the Airport would know when someone from a rental agency did cater to an airport patron. Marland Reid, Attorney for the Airport, explained that this was an attempt to give an incentive to those off-premises rental agencies to use the Airport facility by monitoring their patronage at the Airport. Councilmember Dawkins offered motion to follow the recommendation and approve the schedule, seconded by Councilmember Kendrick and carried unanimously 8 to 0. At this time, Mayor Hurley recognized that Councilmember Torrey had arrived at the meeting (7:50 p.m.). 7. PWC Matters: A. Consideration of Resolution authorizing condemnation of property located in Carvers Creek Township to provide the public with an adequate and sound sewage collection and disposal system. (North side of Chesapeake Road and West of College Lakes, South side and North side of College Lakes, East side of College Lake.). PWC Manager Tim Wood presented this item stating there had been no serious problems in dealing with the owner of the properties, however, due to serious illness in their family, staff has just not been able to get an answer at this time. Therefore, he is recommending condemnation in order to proceed with this project. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF THOMAS R. MCLEAN AND WIFE, ELIZABETH E. MCLEAN, AND MCLEAN DEVELOPMENT CORPORATION. RESOLUTION NO. R1987-105 A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF HALL THOMPSON DEVELOPMENT CORPORATION. RESOLUTION NO. R1987-106 Councilmember Jones introduced the foregoing resolutions and moved their adoption, seconded by Councilmember Dawkins and carried unanimously 8 to 0. At this time, the Mayor advised Council that Mr. Wood had requested Item B and C be considered as one because they are related. B. Consideration of Resolution authorizing condemnation of property located in Cross Creek Township to provide the public with an adequate and sound sewage collection and disposal system. (Intersection of Morganton Road and Northview Drive) C. Consideration of Resolution authorizing condemnation of property located in Cross Creek Township to provide the public with an adequate and sound sewage collection and disposal system. (South side of Morganton Road between Northview Drive and Skye Drive) Mr. Wood stated that these two items involve the same property owners. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF PAUL THOMPSON DEVELOPMENT CORPORATION. RESOLUTION R1987-107 A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF MCLEAN DEVELOPMENT CORPORATION. RESOLUTION R1987-108 Councilmember Dawkins introduced the foregoing resolutions and moved their 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 Resolution Book R1987. 8. Consideration of award of contract for College Lakes Park Development. This item was presented by Sandy Saunders, Chairman of the Parks and Recreation Advisory Commission. He stated that the Sigma Construction Company, Inc., had a low base bid of $94,900.00 which exceeded the unencumbered amount of the capital project by approximately $5,000.00. Therefore, following some negotiation which eliminated the fence that could be added at a later date, the negotiated bid price was made by Sigma Construction Company in the amount of $89,316.85. The Advisory Commission and staff are recommending that this low bid be accepted. Councilmember Jones offered motion, seconded by Councilmember Ross, to award to Sigma Construction Company, Inc., negotiated bid of $89,316.85. Councilmember McBryde stated that he felt this fence was necessary at the time of the construction and recommended that a friendly amendment be made to the motion to include the $5,000 for the fence with Administrative staff locating these funds in another way. Councilmembers Jones and Ross accepted the friendly amendment and the motion carried unanimously 8 to 0. 9. Consideration of issues concerning Bond financed street projects: A. Assessment for the Cain Road widening project. B. Construction of sidewalks on Cain Road. C. Assessment for the Purdue/Cheselka connection. (This item considered under 2J.) 10. Consideration of adoption of a resolution authorizing advertisement for sale of City/County jointly owned lot at the end of Canal Street. City Engineer Bob Bennett presented this item recommending Council adopt the resolution authorizing the advertisement of the property for sale. A RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1987-109 Councilmember Kendrick introduced the foregoing resolution and moved its adoption, seconded by Councilmember Jones and carried unanimously 8 to 0. The foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 11. Consideration of adoption of a resolution to exchange City owned surplus property for right-of-way along Filter Plant Drive. A RESOLUTION AUTHORIZING THE EXCHANGE OF CITY PROPERTY. RESOLUTION NO. R1987-110 Councilmember Ross introduced the foregoing resolution and moved its adoption, seconded by Councilmember Jones and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 12. Consideration of Lease Agreement between the City of Fayetteville and the Salvation Army for use of the Anderson Street Library Building. Councilmember McBryde offered motion to follow the recommendation of the City Manager and approve the Lease Agreement between the City of Fayetteville and the Salvation Army for the use of the Anderson Street Library Building, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 13. Consideration of award of contract for paving and drainage of soil streets in the College Lakes area - Bond funds. This item was presented by Mr. Bennett stating that approval of this bid award will complete the paving project in College Lakes. They are recommending McDonald Grading Company, low bidder of $722,077.05. Councilmember McBryde moved to follow the recommendation and award to the low bidder, seconded by Councilmember Ross and carried unanimously 8 to 0. 14. Consideration of award of contract for resurfacing streets - Bond funds. Councilmember Dawkins offered motion to award to the low bidder of Barnhill Paving Company in the amount of $895,966.30, seconded by Councilmember Ross and carried unanimously 8 to 0. 15. Consideration of Readoption of Resolution for Lambert Street Paving Assessment. Mr. Bennett stated that an appraisal has been submitted and reflects an improvement to Mr. Drake's property of $363.60 rather than the original of $784.08. Therefore, he recommends Council readopt the revised assessment roll and resolution assessing this paving. The City Attorney recommended changing the word in the title from “confirming” to reconfirming the assessment roll. Councilmember Kendrick offered motion to readopt the resolution and change the title to “reconfirming” on the adjusted resolution, seconded by Councilmember Ross and carried unanimously 8 to 0 at 8:40 p.m. The resolution title is as follows: A RESOLUTION RECONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1987-111 A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. 16. Consideration of adoption of resolution regarding Hunger Watch Report. RESOLUTION (HUNGER WATCH). RESOLUTION R1987-112 Councilmember Kendrick moved to adopt the foregoing resolution, seconded by Councilmember Jones and carried unanimously 8 to 0. A copy of the foregoing resolution is on file in the Clerk's office in Resolution Book R1987. At this time, Councilmember Ross thanked everyone for helping the Purdie family get their house settled on a beautiful lot in order for them to be moved in before Christmas. 17. APPOINTMENTS: A. Nominations to fill two (2) vacancies of 2-year terms for the Fayetteville Appearance Commission. Councilmember Dawkins nominated Naomi Ellison. B. Nominations to fill one (1) vacancy of a 3-year term for the Personnel Review Board. Councilmember Pillow nominated Geraldine Henderson. C. Nominations to fill one (1) vacancy of a 2-year term for the Fayetteville Redevelopment Commission. None. 18. Administrative Reports: A. Statement of taxes collected for the month of October 1987 from the Cumberland County Tax Collector. Mr. Smith presented the statement of taxes. B. Listing of unpaved streets. The list of unpaved City-maintained streets was presented to Council. C. Consideration of resolution from the Senior Roundtable regarding senior housing. Mr. Smith stated that while it is not up to the City to approve an application for housing, he recommends that the City endorse the Adams Court site as a location for senior housing and encourage an application by a non-profit group for housing on that site. Councilmember Dawkins offered motion to endorse the resolution presented by the Cumberland County Senior Roundtable, seconded by Councilmember Kendrick and carried unanimously 8 to 0. A copy of this resolution is attached and made a part of these minutes. At this time, Mayor Hurley thanked the officer for being in attendance at the meeting. A motion was made and seconded to enter executive session for a land transaction at 8:50 p.m. Council reconvened into regular session at 9:00 p.m. Mr. Smith stated that he is recommending approval of the purchase of two parcels of property near the Fayetteville Regional Airport known as the Weinstein properties in the amount of $70,333.00 and a parcel of property known as the Wilson property in the amount of $178,156.00 and adoption of a Capital Project ordinance No. 88-882 which appropriates funds to make the purchase. Councilmember McBryde offered motion, seconded by Councilmember Jones, to follow the recommendation to make the purchase of the parcels of property and adopt the Capital Project ordinance, carried unanimously 8 to 0. There being no further business, the meeting was adjourned at 9:12 p.m. RESOLUTION WHEREAS, The County of Cumberland does not have sufficient housing for the Elderly and Handicapped; and in our great City of Fayetteville, State of North Carolina; and, WHEREAS, There are only two (2) Housing Projects for the Elderly and handicap; one on Rosehill Road consisting of 76 units, known as Hickory Hill Housing, and one located in the Executive Place consisting of 110 units, known as Towers West; and, WHEREAS, There are 66 applicants filed for housing in the Hickory Hill Apartments and Tower West Apartments; and, WHEREAS, There are 66 acres of land more or less located on Ames Street and commonly known as Adams Court; and, WHEREAS, Presently, there is a non-profit organization along with a local architect who are studying, planning and proposing to apply, in a very short time, an application to HUD for 97 to 100 units to be built on the Adams Court site; and, BE IT RESOLVED, The Cumberland County Senior Roundtable, Incorporated, representing over sixty (60) Older American organizations, recommends to the elected officials of the City of Fayetteville for consideration and approval; and, NOW, THEREFORE BE IT RESOLVED, That the members of the Cumberland County Senior Roundtable, Incorporated on this 17th day of November, 1987, unanimously approved this resolution. REGULAR MEETING MONDAY, DECEMBER 7, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, DECEMBER 7, 1987 7:00 P.M. PRESENT: Mayor John W. Hurley COUNCILMEMBERS: Councilmember J. L. Dawkins, Milo McBryde, Mildred Evans, Jimmie Jones, Ida Ross, Joseph L. Pillow, Thelbert Torrey, Samuel Johnson, and Mark Kendrick 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 Robert M. Bennett, City Engineer Tim Wood, PWC Manager Walter Haire, Building Inspector Horace K. Thompson, Jr., Councilmember Elect Tommy Bolton, Councilmember Elect Milt Wofford, Councilmember Elect Members of the Press Mayor Hurley called the meeting to order at 7:07 p.m. and welcomed everyone to this very special meeting. He called upon Reverend James C. Cammack to bless the opening of our meeting followed by the Pledge of Allegiance to the American Flag being led by himself. 1. Approval of Agenda Councilmember Kendrick offered motion to approve the agenda, seconded by Councilmember Jones and carried unanimously. 2. Approval of minutes of special meeting of November 9, 1987. Councilmember Dawkins offered motion, seconded by Councilmember Jones, to approve the minutes of the special meeting of November 9 and carried unanimously. 3. Approval of minutes of regular meeting of November 23, 1987. The City Manager requested an amendment to the minutes on page 452, Item 2F. He stated that when Council adopted a preliminary assessment resolution at that meeting for paving of Olive Road, the resolution was correct; however, the title was incorrect. The title should read “Preliminary Assessment Resolution.” Councilmember Dawkins offered motion to approve the minutes with the amendment to the Resolution No. R1987-103 title, seconded by Councilmember Torrey and carried unanimously. 4. Appointments: A. Election of nomination previously made to the Fayetteville Appearance Commission. Councilmember Dawkins withdrew his previous nomination of Naomi Ellison in the category of clean communities due to being notified that she was not a City resident. He stated he would be nominating Wanda Jones in that category (Item 14A). Councilmember Evans stated she would be nominating Susan Cheek in the at-large category. B. Election of nomination previously made to the Personnel Review Board. Councilmember Kendrick offered motion to elect Geraldine Henderson by acclamation to serve a second 2-year term, seconded by Councilmember Pillow and carried unanimously. 5. Consideration of the acceptance of the certification of results of the November 3, 1987, municipal election from the Board of Elections. Councilmember Evans offered motion to accept the certification of the election results, seconded by Councilmember Jones and carried unanimously. A copy of the certification appears as follows: NOVEMBER 5, 1987 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 5, 1987, and after canvassing the original returns of the Registrars and Judges of Election of the votes cast in the Municipal Election for Mayor and City Council in the City of Fayetteville, NC, held on November 3rd, 1987, we do hereby certify that the following are true and correct totals of votes cast for the following candidates in said returns: CANDIDATES VOTES RECEIVED FOR MAYOR J. L. Dawkins 4,848 FOR CITY COUNCIL District # 1 Thomas M. (Tommy) Bolton, Jr. 777 Robert E. Lee 68 District # 2 Ida A. Ross 446 Romelia Rothrock 84 District # 3 Joe Pillow 689 District # 4 Thelbert Torrey 595 District # 5 Kyle G. Fraley 539 Milt Wofford 1,192 District # 6 Mark Kendrick 832 Mitchell L. Watrous 78 At Large Mildred Evans 3,455 Glorious U. Fowler 1,581 Frank Milo McBryde 3,219 Ron Ross 645 Horace K. Thompson, Jr. 2,688 Ben Watson 2,583 We, therefore, certify that we have judicially determined that the votes received for candidates for Mayor and City Council resulted in the election of the following candidates: FOR MAYOR: J. L. Dawkins FOR CITY COUNCIL District # 1 Thomas M. (Tommy) Bolton, Jr. District # 2 Ida A. Ross District # 3 Joe Pillow District # 4 Thelbert Torrey District # 5 Milt Wofford District # 6 Mark Kendrick At Large Mildred Evans, Frank Milo McBryde, Horace K. Thompson, Jr. Given under our hand and seal this 5th day of November 1987. CUMBERLAND COUNTY BOARD OF ELECTIONS Louis A. Waple Chairman Rosalind Hutchens Member W. Lyndo Tippett Member At this time Mayor Hurley presented framed photographs of the Seven Dwarfs Lounge wall showing the names of the 1982 Councilmembers under each dwarf. He stated that those Councilmembers were in office when they appropriated $3 million for the acquisition of the 500 block. He has previously presented this picture to past Councilmembers Aaron Johnson and Milt Wofford. Tonight he is presenting a copy to the remaining Councilmembers Jones, McBryde, Evans, and Dawkins. He then asked outgoing Councilmembers Johnson and Jones if they had any remarks they wished to make. Councilmember Johnson stated that he hopes he has not left too much undone that will make it tougher on the new Councilmembers. He hopes he has made some progress toward the City and wished the new Council the very best. Councilmember Jones thanked Fayetteville for being so kind to him and stated he would be back. Mayor Hurley expressed his appreciation to the administration of John Smith, Bob Cogswell, and staff members, such as Bob Bennett, Amy Radcliff his aide, and Chief of Police Hansen. He then turned the meeting over to Mayor Elect Dawkins and seated himself in the audience with Councilmembers Johnson and Jones. 6. Seating of new Mayor and City Council. Mayor Elect Dawkins called on Reverend Cammack to offer invocation for this portion of the meeting. Following the invocation, Mr. Dawkins requested that a life-long friend, Glen Jernigan, introduce Judge Arnold to administer the oaths. Mr. Jernigan stated that this a special night in the history of Fayetteville and it is also a special occasion to have such a distinguished person as Judge Gerald Arnold administer the oaths tonight. He has served two terms in the North Carolina House of Representatives and is nearing completion of 14 years in the Court of Appeals. In addition to that, he has the responsibility of serving as Chairman of the Judicial Standards Commission for the entire State of North Carolina. Mr. Jernigan asked everyone to welcome Judge Arnold. Judge Arnold reminded everyone that as the Mayor and Councilmembers take their oath on this December 7, 1987, it is also the anniversary of the bombing of Pearl Harbor 46 years ago today. It was also 200 years ago today that the first state, Delaware, adopted that Constitution whose Bicentennial we have been celebrating this year. So Mayor and Council are taking their oaths on a very historical date. Judge Arnold reminded them to keep in mind that when they take an Oath of Office, it is a very serious act because they give their highest and most somber word that they will in fact do the truth of that which they say. A. Oaths of Office to be administered to the City Council by the Honorable Gerald Arnold, Judge of the North Carolina Court of Appeals. Following the Oath of Office, Councilmembers took their assigned seats to preside over the remaining items of business. B. Oaths of Office to be administered to the Mayor by the Honorable Gerald Arnold, Judge of the North Carolina Court of Appeals. Following the oath, Mayor Dawkins invited each Councilmember to introduce their family members and special people that are present in the audience. He then introduced a number of dignitaries following his introduction of family and friends. Mayor Dawkins also reminded everyone of the reception at the Kyle House following the meeting. The seating of the new Mayor and Council is as follows: 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). 7. Organization of the City Council - election of Mayor Pro-Tempore. Councilmember McBryde stated that although there is a policy covering election of Mayor Pro-Tem, he is not making his nomination only because of that policy. Since Mr. Dawkins is now Mayor, Mildred Evans is senior member of the Council and has more experience, is a good spokeswoman, and he feels she will do a fine job standing in for the Mayor, therefore he is nominating Councilmember Evans as Mayor Pro-Tem, seconded by Councilmember Kendrick and carried unanimous show of hands and by saying “aye.” 8. Approval of the following requests for refunds of City taxes: A. Roy Blount in the amount of $4.26. B. Elliott Homes, Inc., in the amount of $336.56. C. Ron and Deborah Kent in the amount of $79.47. D. David A. McNeely in the amount of $80.95. E. Seymour Service Company, Inc., in the amount of $82.56. Councilmember McBryde offered motion to approve Item 8 A through E, seconded by Councilmember Kendrick and carried unanimously. 9. Consideration of the following PWC matters: Tim Wood was recognized. He stated he felt it is a privilege to be the first agency to congratulate all of the Council and Mayor and that the Public Works Commission and staff is looking forward to working with them and offer their heartiest congratulations. A. Award of contract for construction of the East Fayetteville Interceptor, Boring Contract to L.M. Bradshaw Contracting, Inc. Mr. Wood stated that this is for the drilling of three tunnels in connection with a sanitary sewer interceptor on the east side of the river which will extend from existing Rockfish Wastewater Treatment plant up to the intersection of I-95/53. Mr. Wood is recommending the low bidder of L.M. Bradshaw Contracting, Inc., in the amount of $557,840.00 Councilmember Evans offered motion to award to the low bidder as recommended, seconded by Councilmember Ross and carried unanimously. B. Award of contract for construction of Reilly Road Sewer Main to Lawson Construction. Mr. Wood stated that this is for the construction of a sanitary sewer interceptor along Reilly Road between Cliffdale and Morganton Roads. This is part of a long plan extension of these lines. They are recommending the low bidder of Lawson Construction in the amount of $65,571.37. Councilmember Ross offered motion to award to the lowest bidder as recommended, seconded by Councilmember Wofford and carried unanimously. C. Award of contract for construction of Raw Water Pump for the Hoffer Plant Raw Water Pump Station to Evans, Eller and Associates. Mr. Wood stated that this construction should increase the pumping capacity by 18 million gallons per day. They are recommending awarding to the low bidder of Evans, Eller and Associates in the amount of $152,753.00. Councilmember Torrey offered motion, seconded by Councilmember Pillow, to award to the low bidder as recommended, carried unanimously. D. Consideration of Resolution authorizing condemnation of property located in Lake Valley Subdivision in order to provide gravity sanitary sewer extensions to Interceptor Line “V” in and around Lake Valley Drive and Beaver Creek in or near Lake Valley Subdivision. Mr. Wood stated that they have a relatively short stretch of this line where they have been unable to obtain a voluntary easement. An offer has been made and rejected but no counter offer has been made by the owner. Mr. Wood further stated that he feels the appraisal value of $600.00 made by an outside appraiser is an adequate amount in that all of this property lies in a floodway area and no building can be allowed. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF JOHN HUSKE, JR., AND WIFE, MARGARET T. HUSKE. RESOLUTION NO. R1987-113 A copy of the foregoing Resolution is on file in the Clerk's office in Resolution Book R1987. Councilmember McBryde introduced the foregoing Resolution and moved its adoption, seconded by Councilmember Kendrick and carried unanimously. 10. Consideration of approval of advertisement of amendment to Lions Club Lease. The City Attorney requested to add “shall be” to paragraph 10, page 3, before the words “performed by the tenant” concerning repairs and alterations. On paragraph 13, page 4, add the words “for a period of 90 days” following “deserted or vacated.” Also paragraph 17(b), page 7, add the name under which they are insured, which is Lions International. Councilmember McBryde offered motion to authorize advertisement of the amended lease with the recommended changes, seconded by Councilmember Kendrick and carried unanimously. 11. Consideration of amendment of sign ordinance. The City Attorney stated at that the request of the Inspection Department, he is recommending that a portable sign that does not have a permit is a violation after 48 hours instead of 30 day: and the second request is to amend the ordinance so notice of violation can be left with the person in charge of the property, rather than property owner only. Councilmember Thompson offered motion to follow the recommendation and refer to the planning Department with the changes, seconded by Councilmember Pillow and carried unanimously. 12. Consideration of Ordinance ordering the demolition of building located at 4209 Dwight Circle. Walter Haire presented this item stating that the structure has been unoccupied for approximately 2 1/2 years and the owner wanted to sell it rather than tear it down. Therefore, he is recommending Council adopt the demolition ordinance. 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 THE STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS ZONE STANDARDS CODE OF THE CITY (4209 DWIGHT CIRCLE). ORDINANCE NO. NS1987-32 Councilmember 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 Ordinance Book NS1987. At this time, Councilmember Ross asked if the Building Inspector had seen the condition of the houses that the state has acquired in the path of the CBD Loop. Mr. Haire responded that many complaints had been received in his office, he had discussed the situation with the City Manager's office and it is now in the hands of the City Attorney. Mr. Cogswell responded that he has been trying to work something out with the Department of Transportation office. 13. Consideration of amendment to the schedule of Loading Zones. The City Manager presented this item stating that the staff had reviewed this parking situation on Old Street referred to them by Council and have two recommended solutions. One requires action by Council, which is to adopt an amendment to traffic schedule to allow parking in those zones on Sunday and second, two additional spaces on the west end can be added without infringing upon the intersection. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 10 - LOADING ZONES, OLD STREET). ORDINANCE NO. NS1987-33. Councilmember Wofford introduced the foregoing Ordinance and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing Ordinance is on file in the Clerk's office in Ordinance Book NS1987. 14. Appointments: A. Nominations to fill four (4) vacancies on the Fayetteville Appearance Commission. Wanda Jones, Clean Community category, was nominated by Mayor Dawkins. Suzan K. Cheek, At Large, was nominated by Mildred Evans. Dan Hicks, Architect category, was nominated by Councilmember Thompson. Paul Sorrentino, Landscape Architect category, was nominated by Councilmember Wofford. B. Nominations to fill one (1) vacancy on the Fayetteville Redevelopment Commission. Veronica Wilson, 6505 Roanoke Street, was nominated by Councilmember Evans. Luther C. Oliver, 810 Silk Lane, was nominated by Councilmember Ross. C. Nominations to fill two (2) vacancies on the Fayetteville Revitalization Commission. Councilmember Thompson nominated Michael Currin to fill an unexpired term to June 1988. Councilmember Kendrick nominated Joel Schur to term ending June 1989. Councilmember Evans nominated Robin Legg. 15. Administrative Reports: Mr. Smith stated that his reports were in the packets. Mayor Dawkins stated that due to extra time left before the reception and this being a special night, he invited remarks from Councilmembers. Councilmember Evans stated she had received a booklet in her packet for the meeting from the Human Services Department of the City that she felt discriminatory and does the very thing it was formed to prevent. She further stated she found no mention of the businesses, organizations, professions or churches of our larger American Indians, Korean, Vietnamese, or Asian Indians or any other minority in this booklet. Ms. Evans went on to say that just because a group is larger, they should not have the prerogative to do anything that leaves another group out. She asked that in the future our Human Services Department consider all people because to do otherwise is self-defeating and harmful. Councilmember Ross stated that she would like to see smoking in the Council Chamber abolished this year. Mayor Dawkins responded that this matter could be brought before the Policy Committee that would be meeting tomorrow night on other matters and everyone is invited to these meetings. Councilmember McBryde wanted to announce the Policy Committee meeting. He realized that the residents of Cain Road were having a meeting at the same time on the same subject. Everyone is invited to attend the Policy Committee meeting. Councilmember Kendrick acknowledged the recent passing of Sheriff Ottis Jones and requested a resolution be drafted for all Councilmembers to sign at the next meeting for Sheriff Jones's family with respect to his admirations and his work for the City of Fayetteville. Mr. Smith reported that Airport Manager Tom Ray has been transferred to Duke Hospital and underwent surgery today. Mayor Dawkins stated that Morris Bedsole was sworn in as Sheriff of Cumberland County today at 4:00 p.m. He and Bill Hurley were there for the ceremony and they wished the Sheriff's Department and the new Sheriff well on behalf of the City. Mayor Dawkins then recognized J. P. Riddle who objected to the manner in which public hearings are conducted and the Council Chamber being too small to adequately accommodate those wishing to speak on or hear an issue. Also, he feels that petitions are not checked out to see if the names are of owners or renters of property. Mayor Hurley responded that the size of the Chamber was a point taken and hopefully this will be taken care of in the near future. Mayor Dawkins then recognized former Mayor Monroe Evans who requested in the future, Council allow participation from the City of Fayetteville residents only. Councilmember McBryde responded that this was discussed earlier this year and the City Attorney advised them that we could not prevent anyone from speaking on a matter of interest at public hearings. There being no further business, Mayor Dawkins thanked everyone for being at the meeting and requested they all attend the Kyle House reception. The meeting was adjourned at 8:20 p.m. REGULAR MEETING MONDAY, DECEMBER 21, 1987 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, DECEMBER 21, 1987 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 Gordon Allen Mitchell, Assistant City/County Planning Director Robert M. Bennett, City Engineer Tim Wood, PWC Manager George Crumbley, Parks and Recreation Members of the Press Mayor Dawkins called the meeting to order and welcomed everyone. The invocation was offered by Rabbi Manuel Armon, Beth Israel Congregation Community Center followed by the Mayor leading the Pledge of Allegiance to the American Flag. RECOGNITION: Chip Fortson, FCCYC and Fayetteville Kiwanis Club Youth of the Month. Mayor Dawkins presented a Certificate of Honor and a $50 savings bond from the Kiwanis Club to Chip for his outstanding community work in the Youth Council. Employee Suggest ion Program Committee - Suggestion of the Year. George Crumbley, Chairman of the E.S.P. Committee, reviewed the program. He stated that the suggestions must be a cost or energy saving for the City. The Committee had received 41 suggestions and the best suggestion of the year was chosen from these. Mayor Dawkins then presented a $100 check and an award of honor in the form of a certificate to Michael A. Calfee of the Fayetteville Police Department for his cost-saving suggestion concerning the process of filing small claims. 1. Approval of Agenda Mr. Smith stated that the PWC Manager had requested that Item 2H be pulled from the Agenda and brought back to the next meeting. Councilmember McBryde offered motion to approve the Agenda, deleting item 2H, seconded by Councilmember Kendrick and carried unanimously. 2. Consent: The following items were pulled for discussion: Items A and M by Councilmember Evans, Item C by Councilmember Torrey, and Item B by the City Manager. On Item L, the City Attorney requested that the word “fully” be added to paragraph 17a of the (Lions Club) Lease before the word “insured.” Councilmember McBryde offered motion to approve the Consent Items excluding A, B, C, and M and adding the request by the City Attorney to L and adopt the resolutions and ordinances, seconded by Councilmember Wofford and carried unanimously. A. Rescheduling of regular meeting of January 18, 1988, due to observance of Martin Luther King's Birthday. (Recommended date: January 25, 1988) (Pulled for discussion.) B. Approval of minutes of regular meeting of December 7, 1987. (Pulled for discussion.) C. Award of contract for purchase of one Atomic Absorption Spectrophotometer to Perkin-Elmer, low bidder meeting specifications. (PWC) (Pulled for discussion.) D. Award of contract for purchase of two backhoe loaders to North Carolina Equipment, the low bidder in the amount of $54,890. (PWC) E. Award of contract for purchase of three backhoe loaders without extendable dippersticks to Vause Equipment, low bidder in the amount of $88,500. (PWC) F. Award of contract for purchase of two trenchers to Grace Equipment in the amount of $50,730. (PWC) G. Award of contract for purchase of one utility tractor to Vause Equipment, low bidder in the amount of $26,183. (PWC) H. Award of contract for construction of water and sanitary sewer mains for combined cycle, Phase I, to Blue Construction Co., Inc., low bidder. (PWC) (Pulled from Agenda.) I. Award of contract for purchase of five station wagons to LaFayette Motors, low bidder in the amount of $55,250. (PWC) J. Award of contracts for construction of PWC Generation Plant Administration Building to the following: (all low bidders) 1. General - F.R. Bray Construction - $292,600 2. Electrical - Robeson Electric - $37,500 3. Plumbing - Maire Plumbing Co. - $14,665 4. HVAC - Bass Air Conditioning Co. - $80,968 K. Award of contract for purchase of one Sewer and Catch Basin Cleaner to Bruder/Sharpe Inc., low bidder in the amount of $110,164.14. (PWC) L. Approval of Lease Agreement between the City of Fayetteville and Lions Club. Add the word “fully” before the word “insured” in paragraph 17a. M. Approval of acceptance of deed in lieu of tax foreclosure on property located at Lot 43, Part 6, Holly Springs. (Pulled for discussion.) N. Adoption of Resolution setting public hearing for January 25, 1988, to consider paving pursuant to petition of Par Drive from Ramsey Street to Dead End. A PRELIMINARY ASSESSMENT RESOLUTION (PAR DRIVE). RESOLUTION NO. R1987-114 O. Adoption of resolution setting public hearings to consider paving the following streets. 1. Carlos Avenue from Boone Trail to Redstone Drive A PRELIMINARY ASSESSMENT RESOLUTION. RESOLUTION NO. R1987-115 2. Samuel Street from Dunn Road to Eastern Line Lot 1, Block “D,” Highland Acres - Plat Book 14, Page 50. A PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF SAMUEL STREET. RESOLUTION NO. R1987-116 P. Adoption of the following Capital Project Ordinance Amendments: 1. Capital Project Ordinance Amendment 88-8: To set up bond project for contract. 2. Capital Project Ordinance Amendment 88-9: To set up bond project for contract. 3. Capital Project Ordinance Amendment 88-10: Bond street resurfacing amended to accommodate contract. 4. Capital Project Ordinance Amendment 88-11: Bond sidewalk project amended to set up budget for contract. 5. Capital Project Ordinance Amendment 88-12: Project amended for account number structure only. 6. Capital Project Ordinance Amendment 88-13: Project amended for account number structure only. 7. Capital Project Ordinance Amendment 88-14: Right-of-way Protection Project amended for account number structure only. 8. Capital Project Ordinance Amendment 88-15: Airport improvement. 9. Capital Project Ordinance Amendment 88-16: Airport improvement. Q. Adoption of Budget Ordinance Amendment 88-12 for Street Reserve Fund transfer. R. Approval of acceptance of easement for maintenance and use of median strip right-of-way at entrance to Wildewood Subdivision. A copy of the foregoing resolutions are on file in the Clerk's office in Resolution Book R1987. 2A. Rescheduling of regular meeting of January 18, 1988, due to observance of Martin Luther King's Birthday. (Recommended date: January 25, 1988) Councilmember Evans offered motion to change the date of the January 18 City Council meeting and public hearing dates on the foregoing Preliminary Paving and Assessment resolutions to January 19 due to the Martin Luther King's Birthday and to adopt an ordinance amending Chapter 20-20A so that all future Council meetings that fall on a Monday holiday will be held on the following Tuesday, seconded by Councilmember McBryde and carried unanimously by voice vote. The ordinance title is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 20-20A, “REGULAR AND INFORMATIONAL MEETINGS,” OF THIS CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1987-38 A copy of the foregoing Ordinance is on file in the Clerk's office in Ordinance Book S1987. 2B. Approval of minutes of regular meeting of December 7, 1987. The City Manager stated that the City Clerk brought to his attention a correction should be made to the bottom of page 464 where reference was made to “Mayor Hurley,” this should read “Mayor Dawkins.” Councilmember McBryde offered motion, seconded by Councilmember Kendrick and carried unanimously, to make this correction. 2C. Award of contract for purchase of one Atomic Absorption Spectrophotometer to Perkin-Elmer, low bidder meeting specifications. (PWC) Councilmember Torrey asked PWC Manager why the lowest bid had not been recommended. Mr. Wood responded that there were nine reasons why they did not meet specifications, the main one being that a computer that comes with this cannot be used with any other calculations within this department and a lot of money is saved by doing this in-house. Councilmember McBryde offered motion, seconded by Councilmember Evans, to award to the lowest bidder meeting specifications of Perkin-Elmer of Chapel Mill, North Carolina, in the amount of $30,240, carried unanimously. 2M. Approval of acceptance of deed in lieu of tax foreclosure on property located at Lot 43, Part 6, Holly Springs. Councilmember Evans offered motion to approve the acceptance of the deed in lieu of tax foreclosure on property located at Lot 43, Part 6, Holly Springs, seconded by Councilmember McBryde and carried unanimously. Councilmember Evans requested that the property be put up for immediate sale and a sign posted in order to get this back on the tax list. The City Attorney responded that he would like to check into this further by contacting the property owners for further negotiations. Councilmember Evans agreed. Mayor Dawkins reviewed the policy on time allotment for the public hearings. The City Manager suggested that Council hear from the Policy Committee concerning the proposed policy included in the Agenda packet and act on this before hearing Item 3A since they are related matters. Following some discussion, Councilmember McBryde stated he felt that the public hearing would be cut in half after hearing the Policy Committee report. Therefore, he offered motion to hear the report of the Policy Committee, seconded by Councilmember Bolton and carried 8 to 1 with Councilmember Pillow voting against. Policy Committee Chairman McBryde stated that a policy was recommended that the City would not assess for new thoroughfares or improvements to existing thoroughfares, carried 2 to 1 at the Policy Committee meeting. Councilmember McBryde offered motion to adopt this policy, seconded by Councilmember Evans. Councilmember Pillow stated that a policy was adopted on January 17, 1988, at a City Council meeting assessing property owners of abutting properties on thoroughfares. He feels that if this policy is going to be changed, some means should be made to go back and rebate those people who were charged. Councilmember Pillow stated he was advised by the City Attorney that legally and technically we cannot rebate any money. Therefore, the policy that was established in 1983 should remain in effect but not to exceed the amount that was set. Councilmember Ross concurred. Councilmember Torrey offered a substitute motion to rescind the previous action of $10 per front foot and let street paving remain at $4 per front foot and sidewalks at $3 per front foot until another referendum is approved by the voters, seconded by Councilmember Ross. The motion failed 2 to 7 with Councilmembers Pillow and Torrey voting for and Councilmembers Evans, McBryde, Thompson, Bolton, Ross, Wofford, and Kendrick voting against. Following further discussion, Mayor Dawkins then returned to the original motion by Councilmember McBryde which was to adopt the policy to not assess for new thoroughfares or improvements to existing thoroughfares. There was further lengthy discussion. Mayor Dawkins called for a vote and the motion carried 8 to 1 with Councilmember Pillow voting no. 3. Public Hearings: A. Consideration of assessment and construction width of Cain Road improvement and Purdue Street extension. Mr. Bennett displayed the Thoroughfare Plan and reviewed the background on the Cain Road situation. He stated there are 35 driveways and 10 street intersections into Cain Road. In the last 3 years there has been 63 traffic vehicle accidents involving 93 vehicles and 36 injuries. Applying the national application for average cost of injuries plus the documented vehicle damage showing on the police report, the accidents have cost $752,000. That is an annual cost of $250,700. Following studies by NCDOT, they determined that by using five lanes to include a left turn lane it has been documented there are 35 percent fewer accidents. We would project $1,755,000 in savings and traffic accidents alone in a 20-year period. There was considerable discussion concerning the proposed five lanes and sidewalks. Mayor Dawkins questioned how the adoption of the policy affects the public hearing. Mr. Smith responded that there will be no resolution assessing the Cain Road residents upon the adoption of tonight's policy. Therefore, Mayor Dawkins opened the public hearing that had been advertised for this date and hour to anyone who wanted to speak on this issue. Jim Maxsom was recognized as a representative of the concerned citizens of Cain Road. He stated that in the morning newspaper there was a paragraph that read, “the City Engineering staff has proposed that Cain Road be widened between Bragg Boulevard and Pamalee Drive despite opposition from affected property owners.” Mr. Maxsom stated this was not true. He also expressed disappointment in Fayetteville's past handicap of being unable to annex without petition. He also addressed the sidewalk situation, stating the resident feel no need for a sidewalk on Cain Road and they feel that four lanes would be sufficient. If it is made a five lane, they should not be assessed. Mr. Maxsom concluded by applauding Council for their action earlier by adopting the policy on assessments. There was none to appear in opposition and the public hearing was closed. Following lengthy discussion, Councilmember Ross offered motion to go ahead with the plan for the Cain Road without assessment with the five lanes within the present right-of-way or as recommended by the Engineering Department, seconded by Councilmember Thompson. Mr. Smith pointed out that the road itself could be built within the existing right-of-way, but there would be an additional 5 feet on either side for a utility strip without a sidewalk. Another 5 feet on one side would be needed for the sidewalk. Councilmember Thompson stated he did not hear Councilmember Ross mention within the right-of-way in her motion, therefore he would withdraw his second. Councilmember Ross amended her motion to follow these recommendations, seconded by Councilmember Thompson. At this time, Mr. Bennett stated they realize it will be taking some yards but this project will not be less painful than it is right now and they are recommending an 80-foot right-of-way to accommodate utilities and sidewalk on one side. Councilmember Evans offered a substitute motion to follow the recommendation of the City Engineer, seconded by Councilmember Pillow. Councilmember Wofford offered a friendly amendment to Councilmember Evans' motion to contain the five lanes within the existing right-of-way with no appreciable difference in property owners' property and on the other side they will lose 5 feet to a sidewalk that will be placed curb side. Councilmember Evans accepted the friendly amendment, Councilmember Pillow withdrew his second, and Councilmember Wofford offered a second. There was further discussion and Councilmember Thompson questioned the safety of the sidewalk being curb side. Mr. Bennett responded that it would not only be very unsafe but pedestrians would feel most uncomfortable walking next to the road where a large semi-trailer truck almost blows you down, not to mention getting splashed by everything going by. Councilmember Evans withdrew her acceptance of the amendment and called the question. It was unanimous to cease discussion. Mayor Dawkins called for a vote on the substitute motion, it carried 7 to 2 with Councilmembers McBryde and Bolton voting against. Councilmember McBryde stated that he and Councilmember Bolton had been led to believe at every meeting that this was intended to be four lanes and even though he considered five lanes safer, he voted against it because it was presented as four lanes all along. At this time, the City Manager presented the portion of the public hearing concerning Purdue Street extension. He stated that the recommendation is that an assessment be placed on the Purdue extension and the reason being that it is classified on the adopted Thoroughfare Plan as a feeder street and not as an arterial. Those portions that have already been improved with curb and gutter would not be assessed. The recommendation is that this feeder street be a four-lane section with the fifth turning lane at major intersections and sidewalk be on west side of the street. Mayor Dawkins then opened the public hearing for citizen input. None appeared for or against. No action was taken by Council. B. Consideration of the rezoning from C1P Shopping Center District to C1 Local Business District for an area located at 106 Jasper Street. Al Mitchell presented this item. The Planning Board recommended denial and the Planning staff recommended approval based on the fact that the requested rezoning is a logical extension of the C1 Local Business District established along Murchison Road and that the setbacks of the C1 Local Business District would facilitate a reasonable use of this existing platted lot of record. Councilmember Torrey stated he has been notified that since the Planning Board held their hearing, the property has changed ownership and the new owner is requesting denial. The public hearing was opened and there was none to appear for or against this matter. Councilmember Torrey offered motion to deny the rezoning of this property, seconded by Councilmember Evans. Councilmember Wofford requested that a postponement of this public hearing be made until we could get something in writing from the owner. Following some discussion, Councilmember Evans called the question and it was unanimous to cease discussion. Mayor Dawkins called for a vote and the motion carried 8 to 1 with Councilmember Wofford voting against. C. Consideration of a resolution closing Smith Place between Langdon Street and Seabrook Road. This item was presented by Mr. Bennett stating that the City received a petition from Fayetteville State University to permanently close Smith Place between Langdon Street and Seabrook Road. FSU owns all of the property on each side of the street and we see no public need for the street. The recommended resolution reserves an all-purpose utility easement of the entire area of Smith Place. The public hearing that was advertised for this date and hour was opened and none appeared for or against. The public hearing was closed. A RESOLUTION AND ORDER CLOSING SMITH PLACE. RESOLUTION NO. R1987-117 Councilmember Kendrick introduced the foregoing Resolution and moved its adoption, seconded by Councilmember Ross and carried unanimously. A copy of the foregoing Resolution is on file in the Clerk's office in Resolution Book R1987. D. Consideration of adoption of a resolution to pave Olive Road, pursuant to petition, from the end of the existing pavement to Sherwood Drive. Mr. Bennett stated that the City has received an adequate petition for that short section of unpaved Olive Road. This is your advertised public hearing and all property owners have been notified. The public hearing was opened and none appeared for or against. The public hearing was closed. A RESOLUTION DIRECTING THAT THE PROJECT BE UNDERTAKEN (PAVING OLIVE ROAD). RESOLUTION NO. R1987-118 Councilmember Wofford 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 R1987. E. Consideration of an ordinance limiting the number of dogs and cats in a single household; abatement of public health nuisances, and prohibition against vicious and dangerous animals in the City. The City Attorney reviewed the process dealing with this matter. The proposed ordinance not only deals with the number of animals but also addresses dangerous or vicious animals, including cats, in any household. Another section of the ordinance deals with all owners obtaining a license from the Tax Office, abatement of nuisances created by animals, and fines imposed that can be handled like parking tickets - through small claims court. Mayor Dawkins opened the public hearing that had been advertised for this date and hour and recognized Dr. Kasmin Biddle, a local veterinarian. She asked to speak as a dog owner and a victim of irresponsible dog ownerships. She stated that almost all the complaints of irresponsible dog owners in her neighborhood have been with one-dog owners and not three-or four-dog owners. Also, the problems usually occur after work hours and cannot be enforced. Dr. Biddle also addressed the vicious animals by stating that there should be no legislation against certain breeds. She suggested that the proposed fines or penalties are grossly inadequate and feels there should be escalated fines; for example, $200 for the first offense, $400 for the second, and the third should be $1,000 or $2,000. She further stated that instead of setting a number of animals an owner can have, set a higher license fee and this should automatically cut down on the number. Ray Morton, 119 North Kennedy Street appeared questioning how the vicious dog section of the ordinance would affect him because his dog is part wolf. The City Attorney responded that it would probably just read vicious animals and not vicious dogs. A resident of 5401 Sandstone Drive agreed with Dr. Biddle on the number of animals. Rather than penalizing people, she suggested offering a tax credit to someone who presents a spade or neuter certificate showing they have done this. This should help control the number of animals and eliminate so many unwanted animals. She concluded by stating that she felt it was very un-American to tell a pet owner how many animals they can or cannot have. There being no further requests from the audience to speak on this matter, Mayor Dawkins closed the public hearing. The City Attorney stated that since we are dealing with a judgment call on the inspection Department, this would be handled the same as trash and weeds. He requested that Council not adopt this ordinance tonight to allow him to incorporate some of the suggestions made tonight that he feels are good points. Following lengthy discussion, Councilmember Thompson offered motion, seconded by Councilmember Wofford, to have the City Attorney review Section 7-30 and to establish a sufficient fine or administrative cost to adequately abate the problem and return to Council at the January 19 meeting, carried unanimously. At this time, Mayor Dawkins reminded the audience that the public hearing is over on this matter and January 19 will not be a public hearing, so if they have any input they wish brought to the Council's attention, please do so before that meeting. 4. PWC Matters: A. Consideration of award of contract for purchase of 24,000 feet of 8" C900 Class 150 PWC water pipe. Tim Wood presented this item and stated they are recommending the second low bidder because the lowest bidder's delivery day wait of 90 to 120 days will be very expensive for PWC to wait that long. The second lowest bidder promises delivery within 2 to 3 weeks. Following some discussion, Councilmember Evans offered motion to award to the second low bidder of Ferguson Enterprises in the amount of $126,480, carried unanimously. B. Consideration of Amendment No. 1 to Combined Cycle Steam Electric Generating Unit Project contract - Equipment Upgrade. Mr. Wood introduced the Commission members, Vice Chairman Robert Williams, Secretary Tom McCoy, and Treasurer Bill Owen present tonight on this matter. He then requested Steve Blanchard be recognized. Mr. Blanchard briefly explained the Combined Cycle Steam Electric Generating Unit Project. This will be approximately a $300,000 savings in the labor portion for installation. Councilmember Kendrick offered motion to approve the rider to the original $41 million contract for the increase of this, seconded by Councilmember Pillow. The City Attorney requested to give a legal opinion. He stated that Mr. Journey with Schiff Hardin & Waite, Counsel for the Commission, had signed off on the contract that is accepting as to legal form and authority. There being no further discussion, Mayor Dawkins called for a vote and it was unanimous. 5. Consideration of acceptance of Audit Report for period ending June 30, 1987. Mr. Smith introduced the representatives of Peat-Marwick, Auditors, in Raleigh, John Huyett, Debbie Fox, and Rick Whitener. Due to the late hour, Mr. Smith stated the auditors would not address Council but they agreed to make another trip for an informational meeting if needed and would answer any questions tonight. Mr. Smith stated that on behalf of the administrative staff he wanted to say that this is perhaps the most comprehensive indepth report we have received in some time and we appreciate it very much. Council was also very complimentary not only to the auditors but to the management and finance staff for the comments written on the report rectifying errors brought to their attention. Councilmember Evans offered motion, seconded by Councilmember Kendrick, to accept the Audit Report, and it carried unanimously. 6. Consideration of Resolution of Consideration for annexation. Mr. Smith presented a map of the future annexation study area and gave a thorough presentation. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IDENTIFYING AREAS UNDER CONSIDERATION FOR ANNEXATION PURSUANT TO N.C.G.S. 160A-49(i). RESOLUTION NO. R1987-119 Councilmember 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 Resolution Book R1987. 7. Consideration of a resolution approving a land exchange between the City and Mr. John Lampros off Filter Plant Drive. A RESOLUTION AUTHORIZING THE EXCHANGE OF CITY PROPERTY (JOHN J. LAMPROS-FILTER PLANT DRIVE). RESOLUTION NO. R1987-120 Councilmember Ross introduced the foregoing Resolution and moved its adoption, seconded by Councilmember Evans and carried unanimously. A copy of the foregoing Resolution is on file in the Clerk's office in Resolution Book R1987. 8. Consideration of adoption of a resolution for final approval of a land exchange between the City and Mr. David Swain in the block bounded by Franklin/Hay/Robeson Streets. Mr. Smith presented this item and stated that a good suggestion was made to him by Councilmember Thompson that the letter from Mr. Swain be incorporated into this Resolution to be sure that the conditions and so on are binding as far as the Resolution. A RESOLUTION AUTHORIZING THE EXCHANGE OF CITY PROPERTY. RESOLUTION NO. R1987-121 Councilmember Evans introduced the foregoing Resolution and moved its adoption with the letter from David Swain attached and made a part of the Resolution, seconded by Councilmember Pillow and carried unanimously. A copy of the foregoing Resolution is on file in the Clerk's office in Resolution Book R1987. 9. Consideration of award of a contract for sidewalk construction on Village Drive using void financing. Mr. Bennett presented this item and suggested that the bid be awarded to the bow bidder of Barnhiil Contracting Company in the amount of $210,132.65. Councilmember McBryde offered motion to follow the recommendation to award to the low bidder, seconded by Councilmember Wofford and carried unanimously. 10. Consideration of changes to Employee Health Benefit Plan. Mr. Smith presented this item and stated that we have not increased our rates since November 1, 1985. The 1987-88 approved budget includes a provision for the Health Care Benefit Plan rate increases and we would be able to handle the increases in the employee benefits. In order to offset higher costs and to generate additional income to fund these expenditures, we need to increase our dependent coverage rates for parent/child from $43.62 to $47.10 and family from $83.80 to $91.70 to be effective February 1, 1988. Following some discussion, Councilmember Evans offered motion to approve the proposed increases recommended, seconded by Councilmember Torrey and carried unanimously. 11. Consideration of cancellation of Information Meeting of December 28, 1987. Councilmember Thompson offered motion to follow the recommendation, seconded by Councilmember Pillow and carried unanimously upon an aye vote. 12. Appointments: A. Election of nominees to fill four vacancies on the Fayetteville Appearance Commission. Councilmember McBryde offered motion to elect by acclamation the nominees previously made, seconded by Councilmember Wofford and carried unanimously. The 2-year term to December 1989 will be filled by the following: Wanda Jones - Clean Community Category: Suzan K. Cheek - At-Large Category; Dan Hicks - Architect; Paul Sorrentino - Landscape Architect. B. Election of nominee to fill one vacancy on Fayetteville Redevelopment Commission. Upon a vote of 7 to 2, Veronica Wilson, 6505 Roanoke Street, was elected to the 2-year term to December 1989. C. Election of nominees to fill two vacancies on the Fayetteville Revitalization Commission. There was a tie vote of 8 for Joel Schur and Robin Legg. A majority of 5 votes was received for Joel Schur to fill the unexpired term to June 1989 and Robin Legg to fill the term to June 1988. 13. Administrative Reports: A. Statement of taxes collected for the month of November, 1987, from the Cumberland County Tax Collector. The statement of taxes was presented. B. Presentation of schedule of annexation programs. Mr. Smith gave a lengthy presentation showing the 1988 recommended annexations which include the areas of Kinwood, Raleigh Road, University Estates, Kornbow, Karen Lake Drive, Bragg Boulevard, Yadkin Road, Oaks/Kendall, Bordeaux, and East Fayetteville. Target date of annexation is July 1, 1988. No action was necessary. There was some discussion concerning certain areas that had need of water, sewage, or street paving. Councilmember Pillow stated it was his understanding that a task force was to have been appointed by the Mayor to study all areas within the City without sewer and water and also unpaved streets that were undedicated for us to take to brief the people on what it would take to come up to standards of the City and we still need this to be done. Mayor Dawkins responded that they will address this very soon. Following some discussion and questions concerning several areas not on the proposed plan, Mr. Smith reminded Council that we obviously will not be able to solve our annexation problems of 25 years within the next 5 years. Councilmember Kendrick requested that when this matter is brought up again, he would like something from the Police and Fire Departments concerning handling the additional people. Mr. Smith responded that there has been input from every department within the City. C. Report on use of Arsenal House. Mr. Smith stated that since the Arts Council has moved out, there have been several verbal and written requests or suggestions for the use of the Arsenal House. He suggests that we solicit requests through a newspaper ad and after reviewing requests, staff come back to Council with proposed use. Councilmember McBryde offered motion to run an ad in the newspaper to ask non-profit organizations to submit written proposals to the City and the City Attorney to work on a lease, seconded by Councilmember Kendrick and carried unanimously. Mayor Dawkins wished everyone a Merry Christmas and thanked the police officer especially for being in attendance at this meeting tonight. There being no further business, the meeting was adjourned at 11:05 p.m.