1984 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA REGULAR MEETING TUESDAY, JANUARY 3, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, JANUARY 3, 1984 7:00 P.M. PRESENT: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Aaron Johnson, J.L. Dawkins, Mildred Evans and Jimmie Jones John P. Smith, City Manager Robert C. Cogswell, City Attorney ABSENT: Roger L. Stancil, Assistant City Manager Mayor Hurley called the meeting to order and wished everyone present a Happy New Year. The invocation was offered by the Rev. John Cuthill, Pastor of Immanuel Baptist Church on Hull Road. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then recognized Fayetteville Youth Council Representatives present in the audience. Mayor Hurley stated the City Attorney had requested an executive session to hear a litigation matter and that this session would be held at the beginning rather than the end of this meeting. Mr. McBryde then offered motion to enter into executive session to discuss a litigation matter, seconded by Mr. Wofford and carried unanimously at 7:05 P.M. Council reconvened back into regular session at 7:30 P.M. 1. CONSENT: Mr. Jones asked to remove Item 1C from consent. Mr. Wofford then offered motion, seconded by Mr. McBryde and carried unanimously to approve Consent Items A, B, D, and E. A. Approval of a request for a refund of City Taxes to James W. Earney in the amount of $27.89. B. Request from Eastern Aviation Fuels to remove bulk fuel storage equipment from Flight Unlimited premises. D. Conditional approval of Oakland Subdivision (a zero lot line development) in an R10 Residential District for preliminary and final subdivision extension review for an area located on both sides of Andover Road Extension East of Raleigh Road (U.S. 401 North). E. Set public hearing for January 16, 1984 to consider annexation of property located north of South View Circle. C. Council then considered Consent Item C which was the adoption of an ordinance giving City Manager authority to sign approved contracts in the absence of the Mayor and the Mayor Pro Tem. Mr. Jones stated he was opposed to this action allowing other than the Mayor to sign the City contracts. Mr. Cogswell stated that during the recent NLC meeting when both the Mayor and Mayor Pro Tem were out of town, we had to wait on several contracts to be executed until their return. Although this rarely happens, it would be convenient to have someone else with the authority to sign contracts should the same happen again. He recommended that the ordinance be approved. There was then some discussion. Mrs. Evans then moved for adoption of the ordinance as recommended, seconded by Mr. McBryde. Following some further discussion, Mr. Wofford offered substitute motion that the senior member of the City Council in town be authorized to sign contracts in the absence of the Mayor and the Mayor Pro Tem, seconded by Mr. Jones. Mayor Hurley called for a vote on the motion and it was as follows: For the Motion, Councilmembers Wofford, McBryde, Johnson, Dawkins, and Jones. Against the Motion, Mayor Hurley and Mrs. Evans. Mayor Hurley declared the motion carried and the ordinance adopted. AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION OF THE FAYETTEVILLE CITY CODE-CONTRACTS. ORDINANCE NO. S1984-1. Mr. Dawkins requested and received permission to abstain from voting on PWC Matter 2C. 2. PUBLIC WORKS COMMISSION MATTERS: A. Consideration of bids received December 13, 1983 for sale of surplus fuel oil (1,500,000 gallons). Commissioner Robert Williams presented this item and stated the recommendation was to award Holt Oil Company the bid for the purchase of 100,000 gallons only at 73˘ per gallon for a total of 73,000 gallons and that the bid of Astroline Corporation for 1,400,000 gallons at .7211 per gallon for a total of 1,009,540 be approved. Mr. Dawkins offered motion for approval of the foregoing bids as recommended, seconded by Mrs. Evans and carried unanimously. B. Consideration of bids received December 13, 1983 for the purchase of one truck with combination vacuum sewer cleaner and high pressure sewer flusher (with trade of old PWC Vehicle Number 326). Commissioner Williams recommended the low alternate bid by Jet Vac Sanitary Service, Inc. in the amount of $86,892.50 be approved. Mrs. Evans offered motion for approval of the foregoing bid as recommended, seconded by Mr. Dawkins and carried unanimously. PWC Extra Item C. C. Commissioner Williams informed the Council that PWC had been offered a gift of the sewer collections systems and treatment plants in Ponderosa, Foxfire and Oakdale Subdivision to be used exclusively for public purposes by Mr. J. P. Riddle and his children. Commissioner Williams stated that PWC requests Council to ratify the acceptance of this gift from Mr. Riddle and his children by formally signing an Acceptance of Gift. Mr. Wofford then offered motion to accept this gift and ratify the action of PWC and authorize the Mayor and City Council to sign the instrument of acceptance, motion seconded by Mr. McBryde and carried Mr. Dawkins abstaining to vote. Mr. Wofford then commented to Commissioner Williams and PWC Manager Muench on the efficiency of PWC during the extreme cold weather over the holidays in providing the essentially uninterrupted water, sewer, and electric services to the City. Mrs. Evans agreed with Mr. Wofford and stated that she had an emergency which had been handled with dispatch. Mr. Muench thanked the Council for their comments and stated he would pass this on to the PWC employees. 3. Consideration of request from Attorney Neil Davis concerning Hilton Drive. (Continued from previous meeting) Council recognized Mr. Davis who reviewed Council's action of December 19, 1983, in his request for 1 - the acceptance of the deed, for 2 - treat the remaining portion of Hilton Drive as a public street and assess at the usual rate and 3 - in receiving the deed, the City would bear 50% of the cost of paving. Mr. Davis modified his requests as follows: 1. Accept the deed 2. Approve 50-50 share, but 3. Developer bear the cost on both sides of the street. There was then some discussion of this request. PWC Manager Muench requested of Council that the street not be paved until the utilities are in and requested that the developer pay two-thirds of the cost of utilities in agreement with their policy. There was then some further lengthy discussion. Following this, Mr. Wofford offered motion to accept the offer of land in red (Hilton Drive) on the map. Motion seconded by Mr. Dawkins. Following some further lengthy discussion, Mr. Wofford withdrew the foregoing motion and Mr. Dawkins his second. There was then some further lengthy discussion of the matter and then Mayor Hurley asked for any additional motions and there were none. Mayor Hurley then declared that there was no action taken on this matter and that it was therefore lost for lack of a motion. 4. Reconsideration of award of contract to Gregory Poole Equipment Company for one (1) Backhoe for the Engineering Department. (Continued from previous meeting). The City Manager presented this item and requested reconsideration and award to the second lowest bidder, Vause Equipment Company, for their bid of $41,807.25. He stated that Gregory Poole Equipment Company on or about October 21, 1983, delivered to the City of Fayetteville a 4CB Backhoe Loader, Model Number 4CB3D1700, serial Number 294803 to be inspected for acceptance by the City. Representatives of the City of Fayetteville made a thorough inspection of the backhoe and in respect to the terms and conditions of our bid specifications requirements, this machine was declared unacceptable in that it failed to meet the bid specifications. Following brief discussion, Mr. McBryde offered motion to follow the foregoing recommendation of the City Manager and award the bid to Vause Equipment Company for their bid of $41,807.25 the second lowest bid, due to the machine not being acceptable when received by the City in accordance with specifications. Motion was seconded by Rev. Johnson and the vote was as follows: For the Motion, Councilmembers McBryde, Johnson, Mayor Hurley, and Dawkins. Against the Motion, Councilmembers Evans, Jones, and Wofford. Mayor Hurley declared the motion carried. Mayor Hurley then recognized members of the Civil Service Commission present in the audience. 5. Consideration of ordinance amending Chapter 22, Personnel of the Fayetteville City Code. The recommended action was adoption of the ordinance. The City Attorney presented this matter and stated that the ordinance was drafted by himself based upon recommendations submitted by the Civil Service Commission. The purpose of the amendments is to streamline the hearing process by identifying relevant evidence prior to the Civil Service hearing. In two of the three hearings held thus far by the new Commission, considerable controversy arose as to what was or was not relevant evidence. The proposed ordinance attempts to: 1. Establish guidelines as to the relevancy of evidence by requiring that all relevant evidence be presented at the administrative level before it is considered by the Commission. This is in keeping with the intent of the Blue Ribbon Study Commission that the Civil Service Commission would be a review board to review actions taken at the administrative level, and; 2. Get the opposing two parties together prior to the Civil Service Hearing at a pre-hearing conference to clarify the issues, identify witnesses to be called, determine the authenticity of written evidence, and determine what subpoenas will be needed. The City Manager stated in his memo that he wanted to state emphatically that these amendments come not from him or from his office, but from the Commission itself in their belief that these amendments will allow them to carry out their responsibilities in a more orderly and efficient manner. Following brief discussion, Mrs. Evans offered motion for adoption of the amending ordinance as recommended, seconded by Mr. McBryde. Mr. Wofford then suggested that a formal request come from the Civil Service Commission itself, and Mr. Charles smith of the Commission was recognized and stated that the request does come from them and they desire Council approval. Mayor Hurley then called for a vote on Mrs. Evans motion to adopt the ordinance and it carried unanimously. AN ORDINANCE AMENDING CHAPTER 22 “PERSONNEL" OF THE FAYETTEVILLE CITY CODE-CIVIL SERVICE COMMISSION. ORDINANCE NO. S1984-2. 6. Consideration of Annual Financial Report and Audit for Year Ending June, 1983. The recommended action was acceptance of the report. The City Manager presented this matter and stated the financial report had been prepared for the first time by the City of Fayetteville. He presented a good picture for the fiscal year. He presented a statement of fund balance and a statement regarding the investment of idle funds. He stated the City was well within the budget for the fiscal year. He offered comments on the management letter and of the Audit of all departments. He stated the major concern was with Data Processing. He stated he would make recommendations for fixed assets. He concluded by stating that significant approvements have been made. There was then some lengthy discussion of this, and Rev. Johnson suggested discussion of this report in greater detail in an information meeting. Mrs. Evans suggested considering the matter further in the work session, scheduled for January 21. Mr. Wofford suggested considering the matter in an information meeting. Mr. McBryde dissented and suggested accepting the report tonight as recommended. Mr. Jones suggested delaying the matter. Rev. Johnson then suggested discussing the matter in an information meeting. Mr. Dawkins suggested delaying the matter until the next regular meeting of the Council. Following some further lengthy discussion of all of the suggestions presented, Mayor Hurley asked for a show of hands and following this, deferred acceptance of the report until the next regular meeting. Mayor Hurley then declared a five-minute break. Council then reconvened into regular session and Mayor Hurley asked for and received permission of the Council to consider Item 9 on the agenda next because a Mrs. Huggins, a property owner on Blount Street, was present and desired to be heard. 9. Consideration of resolution authorizing condemnation of rights-of-way on Blount-Gillespie Street. A. Parcel S-1 B. Parcel S-2 The recommended action was adoption of the resolutions. The City Engineering presented this matter and stated that there is a project in the current budget for improving this intersection, which requires right-of-way acquisition on the Blount-Campbell approaches to Gillespie Street. Some of these parcels of rights-of-way have been settled. However, there are two tracks on the south side of Blount Street near Gillespie Street that cannot be settled because the property owner values the right-of-way needed several times above appraisal obtained by the City. We believe the only way to settle this is by adoption of the resolutions of condemnation which call for deposit of the full amount of the appraised value for each of the tracts. The City Engineer also displayed maps showing the tracts involved and gave the dimensions of said tracts. There was then some discussion of this matter. Mayor Hurley then recognized Mrs. Huggins who stated that if this matter was approved, she would lose more than 35 feet off of the front of her property. She said also that the payment is not sufficient. She stated this property had been in her family for 90 years. She stated that there did not appear to be a high-accident rate at this intersection. There was then some lengthy discussion of the matter. Mr. Dawkins then offered motion to follow the recommendation of the City Engineer and adopt both resolutions. Motion seconded by Mr. Wofford. Rev. Johnson then offered some comments on the historical value of the property. Mr. Wofford stated that the condemnation procedure is a fair one for both the City and the property owner. There was then some further discussion of the matter. Following this discussion, Mayor Hurley called for a vote on Mr. Dawkins Motion to adopt the resolutions and it was as follows: For the Motion, Councilmembers Wofford, McBryde, Mayor Hurley, Dawkins, and Evans. Against the motion, Councilmembers Rev. Johnson and Mr. Jones. Mayor Hurley declared the motion carried and the resolutions adopted. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY-BLOUNT STREET-PARCEL S-1. RESOLUTION NO. R1984-1. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY-BLOUNT STREET-PARCEL S-2. RESOLUTION NO. R1984-2. Copies of the foregoing resolutions are on file in the Clerk's Office in Resolutions Book R1984. 7. Consideration of adoption of health insurance plan for retired City employees. The recommended action was adoption of the plan. The City Manager presented this matter and reviewed the proposed health insurance program plan for City Council. (A copy of the plan in its entirety is attached to the minutes of this meeting.) Following a discussion and a question and answer period concerning the plan, Mrs. Evans offered motion for adoption of the plan, seconded by Mr. McBryde and carried unanimously. 8. Consideration of a request to prohibit parking in front of 308 Person Street per request of the property owners. The City Engineer presented this matter and stated that he had a request from Harris, Sweeny, and Mitchell, Attorneys at Law with offices at 308 Person Street. He stated they have recently renovated an office building at this location and constructed a new parking lot which has two driveways (each one way) for access to Person Street. Any curbside parking between these driveways blocks the views of vehicle existing from their parking lot onto Person Street. He recommended approval of the request by the adoption of the amending ordinance. Mr. McByrde then offered motion for adoption of the ordinance as recommended, seconded by Rev. Johnson and carried unanimously. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 11-PARKING PROHIBITED-PERSON STREET. ORDINANCE NO. NS1984-1. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book NS 1984. 10. Consideration of final plans for Maiden Lane Park and acceptance of grant from the federal government's Land and Water Conservation Fund. The recommended action was approval of the plans, acceptance of grant and authorization to advertise for bids. The City Manager presented this matter and stated that in a memo from Mr. Jack C. Wilson, Director of Parks and Recreation, final design of Maiden Lane Park has been developed by CHNMB. The design concept is consistent with the Downtown Redevelopment Plan and it received significant input and review from various City staff during the design process. Basically, it is designed as a passive open space area which creates another link to the Linear Park concept and provides and aesthetically pleasing access to the downtown area. Major elements of the plan include walkways, seating areas, a creek overlook, plant material (trees, shrubs, ground cover) and lighting. The design has received approval from the Capital Projects Team, the Parks and Recreation Commission, the Appearance Commission, and the Revitalization Commission. Also a development grant of $50,000 has been awarded (have yet to receive official written notification) for construction of the park. Therefore, subject to formal approval and authorization from City Council, we are in a position to advertise for bids and begin the actual construction process. Following some discussion, Mr. McBryde offered motion for approval of the plan and authorization to advertise for bids. Motion seconded by Mrs. Evans. Council then recognized Mr. Jack Wilson, Director of Recreation and Parks, with comments concerning the plan. The City Engineer also offered comments and answered questions concerning the plan. Following this, Mayor Hurley called for a vote on the motion and it carried unanimously. 11. Consideration of ordinance amending Chapter 21, “Offenses and Miscellaneous Provisions" of the Fayetteville City Code. The recommended action was adoption of the ordinance. The City Attorney presented this matter and stated that at Council's request, he had prepared the amending ordinance making it a violation for individuals to relieve themselves in public that is to say that in any public place, street, sidewalk, alley, or outside area open to public view. There was then some discussion of this proposed ordinance by the Council and others in the audience, and the Mayor (with tongue in cheek) directed the City Clerk to expunge from the minutes of this meeting some of the remarks expressed during this discussion. Mr. McByrde then offered motion for adoption of the ordinance, seconded by Mr. Dawkins and carried unanimously. AN ORDINANCE AMENDING CHAPTER 21 “OFFENSIVES AND MISCELLANEOUS PROVISIONS" OF THE FAYETTEVILLE CITY CODE-PUBLIC URINATION OR DEFECATION. ORDINANCE NO. S1984-3. A copy of the foregoing ordinance is on file in the Clerk's office in Ordinance Book S1983. 12. APPOINTMENTS: A. Board of Trustees, N.C. Firemen's Relief Fund. Recommended action was reappointment of Mr. William Epps, Finance Director, to the Board of Trustees. Mr. Jones then offered motion for reappointment of Mr. Epps to a two year term of office, said term to run until January, 1986, seconded by Mr. McBryde and carried unanimously. 13. CITY MANAGER REPORTS: A. Report on Police promotional procedures and platoon structure. The City Manager gave a report on the proposed Police promotion procedures and platoon structure (a copy of this report is attached to the minutes in the Clerk's office). There then followed a discussion and question and answer period concerning the proposal, and the City Manager outlined for the edification of the Council the finer points of the proposal and of his future plans concerning it. He stated he would keep the Council inform as to future developments. The City Manager stated that he was presenting this matter as a report this evening and that no action is required of the Council. In an additional matter, the City Manager distributed selection procedures for the Police Department to the City Council. Rev. Johnson, Mayor Hurley, and the other members of the Council commended the City Manager for the detail of the report. B. Monthly tax report from Tax Collector. The City Manager reported to the Council that this information has been received for November, 1983, and mention of it, and its appearance on the agenda has been made for record purposes. (A copy of this report has been attached to the original minutes of this meeting and are on file in the Clerk's Office.) 14. DELEGATIONS: There were none in appearance. 15. MATTERS OF INTEREST TO THE CITY COUNCIL: Mr. Jones stated that over New Year's, he had attempted to reach one of the City Departments for an emergency. He stated he had called the Fire Department, but they were not able to connect him because they did not have a direct line. He stated he spent the better part of an hour in doing this. He stated his final recourse was with the Police Department who handled the matter for him. He stated that in his opinion, he was not satisfied with the City's telephone system and that we need direct lines to all departments in cases of emergency. Mr. Jones also asked again about the guard rail for the Museum Department fence on Rogers Drive and the City Engineer replied that he would have information on this at the next meeting. Mr. Dawkins stated that Sheriff Otis Jones had suffered a severe heart attack early this morning and had been hospitalized. He asked everyone to keep Sheriff Jones in their prayers. One of the news reporters in the audience stated it was his understanding that the Sheriff had been stabilized and was resting comfortably. Rev. Johnson asked about the paving of Orange Street and the City Engineer stated that he would check this out. Rev. Johnson stated that he was still receiving complaint calls concerning Cablevision and suggested that this matter be a topic of discussion with the Council at their work session on January 21. Mr. McBryde asked for a report on the impending arrival of Assistant City Manager Roger Stancil's and Carol's baby. The City Manager replied that Carol had been hospitalized on Monday, but had been sent home again for another week and placed “on hold". Mr. McBryde asked the City Engineer to look at the traffic signals along Hay Street beginning at the Prince Charles Hotel and running to Ray Avenue and along the entire length of Old Street. He stated the signals needed retiming. Mr. Wofford also stated that Cablevision needs discussion by the Council and agreed that the work session would be a good time to do this. Mayor Hurley called attention of the Council to the proposed 1984-85 committees and the membership and asked for any discussion and suggestions concerning them. Mayor Hurley stated to the City Engineer that Mason Street beside the Post Office and Federal Building is in extremely bad shape and needed attention. The City Engineer replied he was aware of this, but that there was no money in the budget at this time. Mayor Hurley asked the Councilmembers to write their ideas down for the work session on January 21st. Mayor Hurley then extended thanks to the Police Officer for being present for the meeting this evening. Mayor Hurley then declared this regular session adjourned at 10:30 P.M. upon motion made and duly seconded. REGULAR MEETING MONDAY, JANUARY 16, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JANUARY 16, 1984 7:00 P.M. PRESENT Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones 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 offered by Councilman Rev. Aaron Johnson. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then recognized Fayetteville Youth Council representatives present in the audience to observe Council proceedings. Mayor Hurley then presented service award pins to the following named: FIVE YEARS - Gary Lushis - Police Department TEN YEARS - Orval Cox, Jr. - Police Department TWENTY YEARS - Paul Warner - Police Department THIRTY FIVE YEARS - Cpt. James H. Hart - Police Department First order of business was the Consent Items. Mr. Wofford requested removal of Consent Items F and L for discussion. Mr. McBryde requested permission to abstain from voting on agenda item #6, and this was satisfactory. Mr. Dawkins then moved for approval of all Consent Items except F and L, seconded by Mr. Jones and carried unanimously. The Consent Items approved appear below: 1. Consent: A. Approval of the minutes of the regular meeting of December 19, 1983. B. Approval of the minutes of the regular meeting of January 3, 1984. C. Adoption of a resolution for the destruction of terminated employee personnel records for 1980. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE NORTH CAROLINA ORDERING THE DESTRUCTION OF RECORDS. RESOLUTION NUMBER R1984-3. D. Set public hearing for February 20, 1984, to consider the paving without a petition of Orange Street from Moore Street to Chance Street. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF ORANGE STREET. RESOLUTION NUMBER R1984-4. E. Set public hearing for February 20, 1984, to consider the paving without a petition of Chance Street from Orange Street to Hillsboro Street. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT A PETITŁON OF CHANCE STREET. RESOLUTION NO. R1984-5. G. Conditional approval of Owensens Ice Cream Factory and Restaurant in a C1(P) Shopping Center District for preliminary and final plan review for an area located in the Westwood Shopping Center. H. Conditional approval of Servco self service facility in a C1(P) Shopping Center District for preliminary and final plan review for an area located at 2802 Owen Drive. I. Conditional approval of L. E. Stubbs' Estate in an R10 Residential District for preliminary and final group development review for an area located at 3039 Wedgewood Drive. J. Set public hearing for February 20, 1984, for the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification than presently zoned for an area located at 206 McPherson Church Road. K. Adoption of resolution to elect a tax shelter for employees' contributions to the Law Enforcement Officers' Retirement System of the State of North Carolina. RESOLUTION OF THE CITY OF FAYETTEVILLE NORTH CAROLINA TO ELECT A TAX SHELTER FOR EMPLOYEES' CONTRIBUTIONS PAYABLE AS MEMBERS OF THE LAW ENFORCEMENT OFFICERS' RETIREMENT SYSTEM OF THE STATE OF NORTH CAROLINA. RESOLUTION NUMBER R1984-6. F. Returning then to Consent Item F, set public hearing for February 20, 1984 to consider a resolution requiring the laying of sidewalks on Magnolia Avenue (east side) from Raeford Road to the northwestern corner of Lot 12, Block “C", Plat Book 8, Page 47, Cumberland County Registry. Mr. Wofford stated that this street already had sidewalks and what was the purpose of this action. The City Engineer replied that this was presented for consideration for repair of the sidewalks along a portion of the street. Following brief discussion Mr. Wofford offered motion, seconded by Mr. McBryde and unanimously carried for approval of the foregoing by the adoption of a resolution. PRELIMINARY RESOLUTION REQUIRING THE LAYING OF SIDEWALKS PURSUANT TO A PETITION ON MAGNOLIA AVENUE (EAST SIDE). RESOLUTION NUMBER R1984-7. L. Consent Item L, designation of the Airport Manager by resolution as the authorized City official to execute requests for payment for approved airport grants from the Federal Aviation Agency. Mr. Wofford raised question as to whether or not the duly Acting Airport Manager could sign these documents in the absence of the Airport Manager. The City Manager replied that this posed no problem in this case. Following brief discussion Mr. Wofford offered motion, seconded by Mr. Dawkins and carried unanimously for approval of the foregoing by adoption of the resolution. RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL AUTHORIZING THE AIRPORT MANAGER, NO NAME, TO EXECUTE REQUESTS FOR PAYMENT. RESOLUTION NUMBER R1984-8. Mayor Hurley then stated that in view of the number of people present for Item 7 that without objection he would move this item up to be discussed at this time. 7. Consideration of request from the Arts Council of Fayetteville/Cumberland County for use of the Frances Brook Stein Library building. The recommended action was approval of the request. Mayor Hurley recognized Mr. Paul Eaglin, Chairman of the Arts Council who stated that Council would recall that at an information meeting in late September we were asked to submit our proposal to the Revitalization Commission which would also review other requests for use of the Stein building. We received a favorable endorsement of the Commission in November and are now returning to the Council for formal action on our request. The Council is aware of the small quarters presently utilized. If we find that we can feasibly occupy the Stein building, making whatever adaptations are appropriate, the Arts Council's space needs would be alleviated, in turn the City's interest in having this space utilized could be realized, perhaps used the focal point of interest at the end of the completed Transit Mall. Until the ideal location for an Arts Center is developed at Ray Avenue and Maiden Lane, across from the new library, the Stein building would suffice very well for the Arts Council as well as for the City itself. I hope that the City Council will commit the building to the Arts Council's use upon completion of the library. With such a commitment, the Arts Council would have sufficient time to study the feasibility of its adaptation for our purposes. In addition, we would have time to plan any special fund drive necessary to support its use. Mr. Eaglin stated they had the support and endorsement in this request of approximately 12 other agencies in the City. Following brief discussion Mr. Dawkins offered motion to follow the recommendation of the City Manager and nearly everybody else in the world to consider and honor the request of the Arts Council for the use of the Frances Brooks Stein building, consistent with the deed by which it was obtained originally by the City, seconded by Mr. McBryde and carried unanimously. Mayor Hurley then returned to Item 2 on the agenda. 2. Public Hearings: A. Consideration of annexation of a 44 acre tract of land located north of Southview Circle (Dohn Broadwell property). Council recognized Planner Al Mitchell who stated that the Annexation Technical Review Committee recommends approval of this annexation. Council recognized Mr. Dohn Broadwell in behalf of the request. There was no opposition present. Mrs. Evans then offered motion for approval of the foregoing by the adoption of the ordinance, seconded by Mr. McBryde and carried unanimously. AN ORDINANCE EXTENDING THE CITY LIMITS OF FAYETTEVILLE TO INCLUDE AN AREA LOCATED NORTH OF SOUTHVIEW CIRCLE. ORDINANCE NUMBER 84-1-266. B. Consideration of a final resolution requiring the paving pursuant to petition of Myrover Street from Hay Street to Branson Street. The recommended action was adoption of the resolution. The City Engineer presented this matter and stated that this was by a petition of the majority of the property owners and that all property owners had been notified of this public hearing. There were no proponents present. Council recognized Mr. John Monaghan, Vice President of Fayetteville Progress and a member of the Fayetteville Appearance Commission. He stated that Myrover Street is part of the Hay/Branson Neighborhood Conservation area. He requested that Council continue action on this matter until the staff can check the possible impact on the project. He stated they do not want the trees destroyed in the area. He stated the traffic pattern will also be affected, as well as the effect on the CBD loop. There was then some discussion off this matter. Following this discussion Mr. McBryde offered motion to end this public hearing tonight and postpone this matter until the studies can be done within this month, if possible. Motion seconded by Mr. Jones and carried unanimously. C. Consideration of adoption of a final resolution ordering an extension of the sanitary sewer collection system and water distribution system into Stanberry Court. The recommended action was adoption of the resolution. The City Engineer presented this matter and stated that it was by petition and PWC, and that all property owners had been notified of this public hearing and recommendation was approved. There were neither pro nor con present. Mr. McBryde then offered motion for approval of this matter by adoption of the resolution, seconded by Mr. Dawkins. Mr. Muench gave cost for the extension of water and sanitary sewer at the rate of $8.35 to $9.00 to the property owners per front foot. Mayor Hurley then called for a vote on the motion and it carried unanimously. FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEvILLE NORTH CAROLINA INTO STANBERRY COURT. RESOLUTION NUMBER R1984-9. 3. Public Works Commission Matters: A. Consideration of bids received January 4, 1984, for the purchase of 35 cable junction enclosures and ground sleeves for use in electrical system construction. Council recognized Commissioner Tommy McCoy who presented this matter and recommended the low bid meeting specifications, which was that of Power and Telephone Supply Company, Inc., in the amount of $11,298. Following brief discussion Mrs. Evans offered notion, seconded by Mr. Jones and carried unanimously to approve the foregoing bid as recommended by PWC as meeting specs. 4. Consideration of Annual Financial Report and Audit for year ending June 1983. The recommended action was acceptance of the report. The City Manager presented this matter and stated to Council that he had made the detailed report at the last meeting, and that Mr. Harry Rulnick of the audit firm wished to offer comments at this time. Council recognized Mr. Rulnick who stated that the presentation made by the City Manager at the last meeting was excellent and had covered all of the points. He suggested that Council look at the revenue sharing alternate if this source is lost. There was then some detailed discussion of this matter. Following this discussion Mr. Dawkins offered motion, seconded by Mr. Wofford and carried unanimously that the audit report for the year ended June, 1983 be accepted. 5. Request by Mr. Ralph Potter to address the City Council regarding the ordinance on basketball goals on City street rights-of-way. The City Manager reported to Council that Mr. Potter had been called out of town and could not be present this evening, and requested continuance of this matter. There was then a brief discussion. Rev. Johnson suggested that this matter be referred to the Recreation Committee. Mayor Hurley suggested that this matter be discussed at the work session on the 21st. Mrs. Evans then offered motion to continue this matter until Mr. Potter can be present, seconded by Mr. Wofford and carried unanimously. 6. Consideration of bids on Olde Fayetteville Commons Transit Mall. The recommended action was award to the low bidders. The City Engineer presented this matter and stated that the low bidders were as follows: For general construction, Cumberland Paving with a base bid of $1,676,552.58, including alternate number 1. The bid for mechanical was by J J Barnes, Inc., in the amount of $62,000. The bid for electrical was by Watson Electrical in the amount of $233,756. The City Engineer recommended acceptance of the foregoing bids. Following brief discussion Mrs. Evans offered motion for approval as recommended and acceptance of the bids recommended, seconded by Mr. Dawkins. Council recognized Mr. Walter Vick with a question on brick pavers, and the possible liabilities of same relative to traffic and vandalism. The City Manager offered comments on mortar joints versus mortarless joints. There was then some discussion and Mayor Hurley called for the vote and it carried, Mr. McBryde abstaining. Item 7 had already been handled earlier in the meeting. 8. Authorize advertising for renewal of lease with APCOA Parking, Inc., at Fayetteville Municipal Airport. The recommended action was to authorize advertising. The City Attorney presented this matter and stated it was for renewal of the lease and recommended authorizing advertising. Following brief discussion Mr. Wofford offered motion to authorize the advertising of the foregoing as recommended, seconded by Mr. Dawkins and carried unanimously. 9. Consideration of adoption of a resolution donating surplus radio equipment to the County. The recommended action was adoption of the resolution. The City Attorney presented this matter and stated that the City has authority to do this with Cumberland County, and that there was no problem with it. Mrs. Evans then offered motion for approval of the foregoing by adoption of the resolution, seconded by Mr. Dawkins and carried unanimously. RESOLUTION AUTHORIZING THE EXCHANGE OF SURPLUS PROPERTY. RESOLUTION NUMBER R1984-10. 10. Consideration of an ordinance amending Chapter 16 to provide the abatement of public nuisances caused by unsafe buildings. The recommended action was adoption of the ordinance. The City Attorney presented this matter and stated that the proposed ordinance was drawn as a result of a survey performed by the Inspections Department. The proposed ordinance is almost identical to the one adopted by the Council in February of last year to deal with signs that cause safety hazards because they are put in rights-of-way, are improperly connected to electrical outlets and because of age are dangerous to pedestrians. It has the advantage of being a much quicker method of abatement of the problem than the typical demolition ordinance process for code violations. However, it must be an emergency or life threatening situation. The proposed ordinance is hopefully consistent with the concerns of the Revitalization Commission expressed in Mrs. Cheek's memo, however it has not been presented to them. Due to several situation in the downtown area Council member McBryde has asked that the ordinance be presented to you at this time he concluded. There was then some discussion of the ordinance. Mrs. Evans then offered motion for adoption of the ordinance, seconded by Mr. McBryde and carried unanimously. AN ORDINANCE PROVIDING FOR THE PREVENTION AND ABATEMENT OF PUBLIC NUISANCES CAUSED BY NEGLECTED AND UNSAFE DETERIORATING BUILDINGS. ORDINANCE NUMBER S1984-4. 11. Consideration of a contract with Zuchelli, Hunter & Associates, Inc. for consulting and predevelopment services on the Prince Charles Hotel project. The recommended action was to authorize the City Manager to execute the contract. The City Manager presented this matter and stated that at Council's meeting on June 20, 1983 they unanimously approved the memorandum of understanding with regard to the Prince Charles Hotel project. This memorandum was adopted in order to proceed with the necessary work for putting together a package for submission by the City of an application for a UDAG Grant. In the memorandum the City agreed to contribute $100,000 for project predevelopment costs. It was further stipulated that these funds would be capitalized into the redevelopment costs in return to the City the project proceeds to construction. You will recall that several meetings ago the City Council authorized the use of $100,000 from the Jobs Bill for these predevelopment costs. The Redevelopment Commission subsequently negotiated a contract with Zuchelli, Hunter and Associates to perform this work. The contract spells out the responsibilities of Zuchelli, Hunter & Associates, Inc. for carrying out these predevelopment responsibilities. The final step in the process would be the submission of the UDAG application. Once the application has been approved the actual renovations and new construction can begin he concluded. Following brief discussion Mrs. Evans offered motion to authorize the City Manager to execute the contract, seconded by Mr. Wofford and carried unanimously. Mayor Hurley then declared a five minute break. Council then reconvened into regular session and considered the next agenda item which was Item 12. 12. Consideration of ordinances ordering demolition of properties at the several locations in the City. A. 106 Fayhart Road. Mr. E. G. Calhoun the property owner was recognized and requested a six month extension to bring the property up to code standards. Following brief discussion Mrs. Evans offered motion to grant the six months extension as requested by Mr. Calhoun provided he take out a permit within ten days, seconded by Mr. McBryde and carried unanimously. B. 202 Campbell Avenue C. 409 Dick Street Mr. McBryde offered motion for adoption of the demolition ordinances on the two foregoing locations, seconded by Mr. Dawkins and carried unanimously. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE NORTH CAROLINA REQUIRING THE CITY BUILDING INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE BUILDINGS MINIMUM STANDARDS CODE OF THE CITY LOCATED AT 202 CAMPBELL AVENUE AND OWNED BY MRS. ETHEL J. HARVEY HEIRS. ORDINANCE NUMBER NS1982-2. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE NORTH CAROLINA REQUIRING THE CITY BUILDING INSPECTOR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY LOCATED AT 409 DICK STREET AND OWNED BY MRS. ETHEL B. HARVEY HEIRS. ORDINANCE NUMBER NS1984-3. 13. Consideration of ordinances imposing liens for demolition of property at the following locations: A. 907 Ramsey Street B. 2208 Nickey Avenue C. 909 Ramsey Street The recommended action was adoption of the ordinances. Following brief discussion Mr. Wofford offered motion for adoption of the ordinances as recommended, seconded by Mr. McBryde and carried at 8:50 p.m. The ordinance titles appear below: AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN FOR $390.00 AGAINST 907 RAMSEY STREET OWNED BY ETHEL SAWYER HEIRS. ORDINANCE NUMBER NS1984-4. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN FOR $300.00 AGAINST 2208 NICKEY AVENUE AND OWNED BY MRS. MARIE DUKES. ORDINANCE NUMBER NS1984-5. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN FOR $390.00 FOR 909 RAMSEY STREET OWNED BY ELLIOTT SAWYER HEIRS. ORDINANCE NUMBER NS1984-6. 14. City Manager's Reports: A. Report concerning traffic conditions at Lyon and Stamper Roads. The City Manager called on the City Engineer to make this presentation and the City Engineer stated that rather than placing the guard rail suggested in this area I would recommend proceeding with the geometric improvements proposed at this location in the fiscal year 83-84 budget ($2,500). These improvements would include the construction of traffic islands and revisions to pavement markings and signage in an attempt to reduce conflict and confusion at this location while improving positive guidance through the intersection. Also we believe the street lighting at this intersection may need to be improved. We will consult with PWC about this. The Fayetteville Police Department will also be alerted as to the high incidence of alcohol related accidents so they can take appropriate measures. We propose to proceed with this work as outlined above in the immediate future he concluded. Council received the report and took no action on this matter. B. Other. The City Manager stated he had received a letter from Police Chief Danny K. Dixon that upon his medical retirement, effective January 31, 1984, he be awarded his service revolver and badge as mementos of his service to the City. The City Manager stated that this is in accordance with policy. Mr. Dawkins then offered motion, seconded by Mr. Jones and carried unanimously to approve the foregoing request. The City Manager reported to Council that request for audit proposals are going out for the new year. He distributed copies to the Council. 15. Delegations: Council recognized Mr. Clinton Harris who stated that looking at the Transit Mall plans for trees what kind of trees and lights are proposed? He recommended that Council be sure they are compatible. He requested that Council consider several matters at the Saturday meeting. (1) Bus systems financing; (2) Cul-de-sac; and (3) Use City buses as school buses. Mayor Hurley then called on Assistant City Manager Roger Stancil to tell the public his good news. Mr. Stancil stated that on January 11, 1984 at 1:56 p.m. he and his wife Carol became the proud parents of an 8 pound 11 ounce boy who 18 years from now will be a Wake Forest student. He stated he had 36 pictures to show and that all is well. He stated the name of their new son is Stephen McLean Stancil. Mr. Stancil was accorded a vigorous round of applause from the audience. 16. Matters of Interest to the Council: A. Consideration of a request from the National League of Cities regarding H. R. 4103 House Cable Bill. Mr. Wofford presented this matter and stated he had received an appeal from Alan Beals, Executive Director, National League of Cities, to lobby against H. R. 4103. The letter, dated December 15, 1983 was passed unto me by Mayor Hurley a few days ago. The subject is very complicated and has been studied by the NLC in great detail. A resolution was passed in New Orleans which basically opposes all major provisions of this bill and calls for new legislation. In a nut shell this bill is written in favor of cable operators and not in the best interest of Cities or the consumer. If it passes Cities will have almost no control over what amounts to a public utility and a monopoly in virtually every City in the country. In as much as the bill will be considered by the House Energy and Commerce Committee soon after Congress reconvenes on January 23, 1984, time is of the essence. I recommend that Council authorize the Mayor to write Congressman John Dingell (D-Michigan), Chairman; Congressman James Broyhill (R-NC), the only North Carolina member as well as our own Charlie Rose to support the NLC stand on this bill. It was also suggested that Senator Helms and Senator East be written. Mayor Hurley stated he would write the letters as suggested. The City Attorney offered comments on the telecast of ESPN programs and requested authorization to litigate the matter. Following some discussion Mrs. Evans moved to authorize the City Attorney to so undertake litigation along with Hope Mills, if necessary, concerning season tickets to games on ESPN, seconded by Mr. Jones and carried unanimously. Mr. McBryde requested the City Manager and staff to compile a list of all buildings and property in the City that the City owns and as soon as it is ready he would call a meeting of the Buildings and Property Committee. Mr. McBryde called attention to the bus stop in front of the Post Office. He asked if this bus stop could be moved away from the Post Office and stated that there was a problem with parking and traffic in the mornings. The City Engineer was asked to check this out. Rev. Johnson stated that a number of people had talked to him about the process for selecting a new Chief of Police. He stated that several suggestions had been made. He suggested a meeting with the City Manager to look at the alternatives and to discuss. He suggested that this be considered at the work session on Saturday. Mrs. Evans asked how the annexation plans are progressing and requested an update at the Saturday meeting. Mr. Jones stated that the cross streets in the downtown area are in bad shape and need attention. Mr. Jones asked the City Attorney if the 30 day limit had expired on the bid for the lot sold to the Nearly New Thrift Shop and stated he would like to see the City move the sign and put it in another place. Mayor Hurley then thanked the Police Officer for being present at the meeting tonight. Rev. Johnson called attention to the observance of the Rev. Martin Luther King's birthday and stated that the country has certainly made progress over the last 10 years. Thereafter, all matters of business having been concluded this regular session was adjourned upon motion made and duly seconded. REGULAR MEETING MONDAY, FEBRUARY 6, 1984 REGULAR MEETING CITY HALL COUNCILCHAMBER MONDAY, FEBRUARY 6, 1984 7:00 P.M. PRESENT: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Aaron Johnson, J.L. Dawkins, Mildred Evans and Jimmie Jones 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 offered by Dr. Norman Mitchell, Pastor of Mt. Gilead Baptist Church. Following the invocation Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then recognized Fayetteville Youth Council representatives present in the audience. Mayor Hurley stated the City Attorney had requested an executive session at the end of the meeting to consider a matter of litigation. Due to the fact that several of the Councilmembers would be attending the National League of Cities Congressional Conference in Washington, DC the regular meeting of March 5, 1984 was changed to March 12, 1984. 1. Consent: Upon motion by Mr. Dawkins, seconded by Mr. Jones and carried unanimously approval was given to all Consent Items as follows: A. Approval of a request for a refund of City taxes to Mrs. Pearl Bullock in the amount of $44.20. B. Approval of a request for a refund of City taxes to Janice Killian Burkett in the amount of $40.95. C. Approval of a request for a refund of City taxes to Warrens Air Conditioning and Heating Service, Inc., in the amount of $623.40. D. Approval of a request for refund of City taxes to Penny Johnson in the amount of $10.40. E. Adoption of Capital Project Ordinance, CAP 84-3 (Winslow Street Bridge). F. Adoption of Capital Project Ordinance, CAP 84-4 Budget Ordinance Amendment Change 84-6 (Air Cargo Facility). G. Set public hearing for Community Development Block Grant funding for fiscal year 1984-1985 for February 20, 1984. H. Conditional approval to Dr. Zack Smith's property in a C(1)P shopping center district for preliminary and final review for an area located on the north side of Executive Place, 417 feet east of Ravenhill Drive. I. Set public hearing for amending the 1983-84 General Revenue Sharing Budget for March 12, 1984. J. Adoption of resolution authorizing City Manager to execute agreement with NCDOT for Section 9A Grant. RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT WITH NCDOT FOR SECTION 9A GRANT. RESOLUTION NUMBER R1984-11. K. Set public hearing for February 20, 1984, for amendment to Assessment Role for Edmonton Road to Levy Street for water and sewer improvements. RESOLUTION AND ORDER TO FILE AND PUBLISH AMENDED PRELIMINARY ASSESSMENT ROLE FOR EXTENSION OF WATER WORKS AND SEWAGE SYSTEMS AND OTHER IMPROVEMENTS ON AND IN EDMONTON ROAD AND LEVY STREET. RESOLUTION NUMBER R1984-12. L. Approve advertisement of offer to purchase Lot 218, Section 2, Tokay Heights pursuant to a bid by Laura B. Lewis in the amount of $1,200. M. Award of contract for purchase of three hundred fifty 200-amp fault indicators for use in underground electrical system construction to Westinghouse Electric Supply Company for their low bid of $18,564. 2. Public Works Commission Matters: A. Consideration of bids received on January 10, 1984, for purchases of chemicals for use in water purification and wastewater treatment plants. Council recognized PWC Chairman Bob Butler who presented his matter and stated the low bids were recommended for each item and called attention to the fact that on the liquid chlorine four identical bids had been received of $114,000 each. This had been reported to the Attorney General's Office but is was recommended that the local company Suffolk Chemical Company be awarded the bid for $114,000. Mrs. Evans offered motion to follow the foregoing recommendation of PWC and award the bids as shown on the tally sheet, seconded by Mr. Dawkins and carried unanimously. (A copy of the bids are on file with the original of these minutes). 3. Reconsideration of a resolution to pave Myrover Street from Hay Street to Branson Street pursuant to a petition. (Public hearing held January 16, 1984). The recommended action was adoption of the resolution. City Engineer Bob Bennett presented this matter and stated in a memo that Myrover Street was strip paved many years ago and that paving work has served its purpose and is now over due for upgrading. The City received a petition from a majority of the property owners to repave the street on an assessment basis at the standard rate of $4 per foot. This is an older section of town where the land was subdivided piece meal several years ago with some of the plats showing a 30 foot right-of-way and this is the width the City has been using. A physical survey of the rights-of-way reveals that the major portion of the street has less than 30 feet and therefore will necessitate an adjustment to a substandard construction width. We would suggest that the street be reconstructed at a width of 21 feet. This width pavement would require a total of five trees to be removed, four located on the east side of Myrover Street immediately south of Hay Street and one on the west side of Myrover Street south of Arsenal Avenue. We believe the Myrover Street project should be approved per the above recommendation and that the improvement outlined above has no bearing on whether the street would be made one way or remain two way. In either case the improvement needs to be provided. Following brief discussion Mrs. Evans offered motion to follow the recommendation of the City Engineer to reconstruct the street to 21 feet, seconded by Mr. Dawkins and carried unanimously. The City Engineer stated the staff would hold a public hearing on the one way traffic and notify the City Council of the results. FINAL RESOLUTION REQUIRING THE PAVING PURSUANT TO A PETITION OF MYROVER STREET. RESOLUTION NUMBER R1984-13. 4. Progress report on Prince Charles Hotel. Appearing Mr. M.J. Weeks, President, Fayetteville Progress, Inc. Mayor Hurley stated that Mr. Weeks was ill and in the hospital and requested a postponement of this matter. Council recognized Mr. John Monaghan who stated that he had seen Mr. Weeks and that he was resting Comfortably at this time. Mr. Monaghan requested permission to give a report and permission was granted. Mr. Monaghan reported on the Fayetteville Progress Contract on the Municipal Market and of the recruitment of a full time individual to handle this matter. He stated they had located this individual, he is Mr. David Rowland of New Bern, NC who has been working with the City of New Bern in their Planning Department. Mr. Monaghan gave Mr. Rowland's qualifications and stated that he held a BA and Masters Degrees. He stated that Mr. Rowland was scheduled to begin work on February 20, 1984. Mayor Hurley thanked Mr. Monaghan for this report. 5. Consideration of a reallocation of Jobs Bill funding. Council recognized Mr. Richard Herrera who presented this matter and stated that after discussion with the Department of Housing and Urban Development City administration and Zuchelli, Hunter & Associates, Inc., we have arrived at the conclusion that the $100,000 which had originally been targeted out of Jobs Bill funding for predevelopment costs for a UDAG would be too time consuming to meet the basic requirements of PL98-8. It is anticipated that the fastest way to utilize the funds in the fashion required by Congressional mandate would be to reallocate in the manner shown on the enclosed budget sheet. Mr. Herrera gave a distribution of the funds among the various agencies and requested Council endorsement of same. Following brief discussion Mr. Dawkins offered motion for approval of Use foregoing request of the Redevelopment Commission, seconded by Mrs. Evans and carried, Mr. Jones voting no. Council then recognized Mr. Donald LaHuffman, Chairman of the Board of OIC with remarks on OIC activities. He requested the Council to award $20,000 Jobs Bill to OIC. He also recognized Karen O'Reagan, a trainee who offered some comments on the OIC program. There was then some discussion of Mr. LaHuffman's request but Council elected to take no change in their action. 6. Consideration of program change in the Massey Hill Rehabilitation Program under Community Development grant program. The recommended action was the Fayetteville Redevelopment Commission recommends approval. Council again recognized Mr. Herrera who presented this item and stated that pursuant to Council's instructions of November 14, 1983, he enclosed a copy a copy of the revised program for the Massey Hill Rehab Grant Program. As previously specified, the major revision has been the withdrawal of program participation for absentee landlords. Mr. Herrera went on into detailed explanation of this matter. Following this Mrs. Evans offered motion to follow the recommendation of the FRC as presented, seconded by Mr. McBryde and carried unanimously. Rev. Johnson commended the FRC and Mr. Herrera for their efforts in this program. 7. Consideration of participation in conjunction with the Fayetteville Metropolitan Housing Authority in the development of Housing and Urban Development's Rental Rehabilitation Demonstration Program. The recommended action was Fayetteville Redevelopment Commission recommends approval. Council again recognized Mr. Herrera who presented this matter and stated that for Council's information he was providing the regulations and a synopsis of HUD Rental Rehab Program Demonstration in which HUD has asked that we consider participation. He respectfully requested that Council give favorable consideration to this issue tonight. He stated the $5,000 per unit participation is a requirement directly related to a Section 8 certificate and that ten new certificates are being requested. Because of that requirement we are proposing a 50% sharing since a requirement for more private infusion may mean that the structure under consideration nay not have been suitable for rehabilitation in the first place. Both the Fayetteville Redevelopment Commission and the Fayetteville Metropolitan Housing Authority have passed resolutions endorsing participation in the program. Following some discussion Mrs. Evans offered motion for approval of the foregoing as requested, seconded by Rev. Johnson and carried unanimously. At this point Mayor Hurley recognized several VIPs present in the audience. They were Senator Tony Rand, County Commissioner Mary McAllister and the new Airport Manager Tom Ray and Deborah Hoyt, Director of the Olde Fayetteville Association replacing Mrs. Joan Allen. 8. Request by Mr. Ralph Potter to address the City Council regarding the ordinance on basketball goals on City street rights-of-way. Council recognized Mr. Potter who stated he had recently received a letter from the City Engineer requesting removal of two basketball goals at Ravenhill and Fairfield Roads. Mr. Potter stated these goals provide opportunities for the children in the area to play for recreation. He admitted they are in the street right-of-way but that no problems have been experienced. He requested Council to permit that they be left as they are. Sections 26-5 and 26-25 prohibits any construction or the erection of any poles standard or tower in any street right-of-way without a permit from the City Engineer. Following Mr. Potter's request Mr. Dawkins stated that he had made good points that the City Council needs to look at. Following some further discussion Mrs. Evans offered motion that the basketball goals be allowed to remain until such time as the City needs the property for street development. Motion seconded by Mr. McBryde. Mr. Cogswell suggested that if this was to be the action that the motion include the stipulation that the property owners sign a release so that the City would not be liable and Mrs. Evans and Mr. McBryde included this in the motion. There was then some discussion of this matter. Following this discussion Mrs. Evans and Mr. McBryde withdrew the foregoing motion and the City Attorney was requested to bring a recommendation concerning this matter to the Council at the next meeting. 9. Consideration of approval of Supplemental Agreement #6 Wilbur Smith and Associates, and City of Fayetteville, NC. FAA approved 90% participation. The recommended action was Airport Commission recommends approval. Council recognized Mr. Tom Ray the Airport Manager who stated the Commission approved Supplemental Agreement #6 to contract with Wilbur Smith and Associates for engineering services for FBO ramp and Air Freight Ramp and relocated parking at their January 31st meeting. Following discussion Mr. McBryde offered motion for approval of the foregoing as requested, seconded by Rev. Johnson and carried unanimously. 10. Consideration of resolution of approval of lease agreement with APCOA Parking, Inc., and City of Fayetteville. The recommended action was to authorize the Mayor to execute the lease agreement. Airport Manager Tom Ray presented this matter and stated it was a renewal of the existing lease and requested Council's approval and adoption of the resolution. Following brief discussion Mr. Wofford offered motion to authorize the Mayor to execute the new lease agreement and adoption of the resolution, seconded by Rev. Johnson and carried unanimously. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY TO APCOA PARKING, INC. RESOLUTION NUMBER R1984-14. 11. Consideration of request from Mr. Walter Vick for loading zone in Bow Street Commons. The City Manager presented this matter and stated that Mr. Vick had requested withdrawal of this matter until Further discussion with the City Manager. 12. Consideration of amendments to the Fayetteville City Code (Section 28-132 and 28-133). (Taxicab Ordinance) The recommended action was the Taxicab Review Board recommends adoption of the amendments. Assistant City Manager Roger Stancil presented this matter and stated that negotiation of taxicab operations at the Airport continues to be a matter of prime consideration for the Taxicab Review Board. Effective regulations are especially important in light of the image that is projected to visitors to our City through the Airport and the taxicabs that operate there. To improve this regulation, the Taxicab Review Board has voted unanimously to recommend that Council amend the taxicab ordinance as follows: 1) Allow the Public Safety Officers at the Airport to take action as the designated representatives of the Taxi Inspector in matters relating to taxicab regulations adopted by the Airport Commission. 2) Allow appeals to be filed with the Taxi Inspector rather than the City Clerk because the City Clerk's office is open only Monday through Friday and timely appeals of actions under the taxicab ordinance are not always possible. By allowing appeals to be filed with the Taxi Inspector whose office is always open undue interruptions to a driver's ability to operate would be eliminated. We also believe that a driver should be able to indicate his appeal on the form notifying him of his suspension issued by the appropriate officer. The City Attorney has prepared the appropriate amendments for consideration. The Airport Commission has gone on record as endorsing these two amendments. Following brief discussion Mr. Evans offered motion for adoption of the ordinance on the first reading, seconded by Mr. Dawkins. The City Attorney then recommended additional changes and amendments to the ordinance for Council's consideration. There was then considerable discussion of this matter. Following this discussion Rev. Johnson offered substitute notion to put this matter off until the next meeting for further study, seconded by Mr. McBryde and carried unanimously. It was requested that all interested parties be notified that this matter would be bought up at the next Council meeting so that they could be present. 13. Consideration of amendment to the Fayetteville City Code, Chapter 9. The recommended action was adoption of the ordinance. Assistant City Manager Stancil presented this matter and stated that the proposed new Chapter 9 of the Code would consolidate existing Chapters 9, Buildings, 11 Electricity, 15 Heating, Ventilating, Air Conditioning, Gas Equipment and Piping System and 23 Plumbing. This consolidation would reduce confusion among both staff and the general public, increase their administrative efficiency by having a single administrative building code and provide an opportunity for us to update these chapters. This proposed Chapter has been reviewed by the Inspections Department, the City Attorney and himself. Mr. Stancil also pointed out and made corrections and additions to the proposed amendment as it was submitted. Following brief discussion Mr. Dawkins offered motion for adoption of the ordinance, seconded by Mr. McBryde and carried unanimously. AN ORDINANCE AMENDING CHAPTER 9 - BUILDINGS OF THE FAYETTEVILLE CITY CODE. ORDINANCE NUMBER S1984-5. 14. Consideration of amendment of Chapter 20 Wreckers (Section 20-143). The recommended action was adoption of the ordinance on first reading. The City Attorney presented this matter and stated that some problems had arisen regarding the interpretation of certain provisions of the Wrecker Ordinance where the term licensee is used. To avoid any misunderstanding the amendment of the definition section would make it clear that anyone working for the licensee is also subject to the regulations. Following brief discussion Rev. Johnson offered motion, seconded by Mr. Wofford and carried unanimously for adoption of the proposed ordinance on first reading. 15. Consideration of the establishment of a Blue Ribbon Study Commission on signs in the City of Fayetteville. The recommended action was to authorize the mayor to appoint the commission. Mayor Hurley stated that this needs to be done in order to give the public input into the matter of signs. Following brief discussion Mrs. Evans offered motion, seconded by Rev. Johnson and carried unanimously to authorize the Mayor to appoint this commission. Mayor Hurley then offered thanks to the Council for this action and requested input of the Council and that he would keep them posted on the appointments. 16. Consideration of request by the Parks and Recreation Advisory Commission to rename Glenville Park to Milton E. Mazarick Memorial Park. The recommended action was that the Parks and Recreation Advisory Commission recommends approval. In a memorandum to the Council from the Rev. Sandy Saunders, Chairman of the Board, he stated the Recreation and Parks Advisory Board would like to honor the late Milton E. Mazarick for his significant contribution to the City of Fayetteville, specifically for his exemplary service as a distinctive member of the Recreation and Parks Advisory Board for 15 years. At the regular September meeting of the Board, it was unanimously adopted to name and dedicate the Glenville Park facility in honor of Mr. Mazarick. We therefore recommend to the Council that appropriate consideration be given to name the Glenville facility the Milton E. Mazarick Memorial Park. If approved, the Board plans to formally dedicate the facility in the early spring of 1984. Mr. Dawkins then offered motion to rename the Glenville Park the Milton F. Mazarick Memorial Park as requested, seconded by Mr. McBryde and carried unanimously. Mayor Hurley then recognized Rev. Saunders and members of the Commission and extended thanks for their recommendation and action. Rev. Saunders then returned thanks to the Council for himself and the Parks Commission for Council's action. Mr. Dawkins then stated that Mr. Mazarick was a fine gentleman who believed strongly in recreation. Mrs. Evans also stated that she would like the record of this meeting to reflect that this honor was well deserved. 17. Consideration of sale of property within the “500 Block Redevelopment Project" area. The City Manager presented this matter and stated that an offer to purchase the property known as the 500 Block had been received from Hospital Corporation of America Properties, Inc. for the purchase and redevelopment of the 500 Block of Hay Street from Hay to Franklin and from Robeson to Winslow. The cash purchase price was to be $750,000. The HCA owned property within the redevelopment area would be used in conjunction with the property sold by the City in the total development. He recommended that Council advertise for a public hearing in accordance with Section 8.23, Paragraph D of the Fayetteville City Charter. He stated that a letter had just been received from HCA removing Paragraph 11 from the proposal and extending the date to April 15th. He recommended that Council hold a public hearing on March 12th and making public the details of this proposal would allow any other developers who have not yet come forward sufficient time to come forward with proposals that will meet the needs as outlined. Following brief discussion Mr. McBryde offered motion to set said public hearing for March 12th, seconded by Rev. Johnson and carried unanimously. 18. Appointments: A. Nominations to fill one vacancy on the NC Firemen's Relief Fund to fill the unexpired term of Mr. Paul Haden which expires January, 1985. It was stated that Mr. Haden had not attended a meeting of the Fund since his appointment and all efforts to contact him had failed. There were no nominations made and Mayor Hurley stated this matter would be carried over to the next meeting. 19. Delegations: No one desired to be recognized. 20. City Manager's Reports: A. Affirmative Action Report for 1983. The City Manager stated that each year City administration updates its five year goals in affirmative action in all employment categories. These goals are voluntary and do not represent quotas. The City attempts to meets its goals through outreach recruitment and internal advancement. He presented a general summary of the progress during 1983 prepared by the Personnel Department. This is only a generalized summary he stated and we can present more detail at a future information meeting. (A copy of the above is attached to the original of these minutes.) B. Report on traffic light request at Rosehill Road and Chadwick Road. The City Engineer presented this matter and stated that in response to the request for further study of the traffic signal investigation of this intersection we have expanded the traffic volume count to begin at 5:00 a.m., completed an intersection stop delay study utilizing time lapse photography and completed a spot speed study and field review of site distances for the Chadwick approach to Rosehill Road. He stated that traffic volumes at this location are far below minimum requirements for installation of a traffic signal. Time lapse photography reveal an average vehicle delay of only 15 seconds and this is within reasonably acceptable limits. The installation of a traffic signal would not decrease, but rather increase vehicle delays at this location. A spot speed study at this location reveals speed of approximately 45 miles per hour which is posted speed limit. Rather than reduce the speed limit in this area to 35 mph we would recommend two measures. The first being removal of shrubs and trees on the northwest corner of Chadwick Drive and Rosehill Road which are within the street right-of-way. The second measure would be the installation of a T-intersection warning signs, with 35 mph spaced plaques approximately 750 feet North and South of the intersection. These two measures would serve to improve site distance at this location as well as warn approaching motorists of the existence of an intersection within a minimal safe stopping site distance. Council recognized Mr. Willie C. Lewis, President of the area Neighborhood Watch. Mr. Lewis stated he was representing himself and the residents of the area. He stated this was a dangerous intersection, that many traffic hazards existed and that there were 200 plus homes in the area. He stated they were concerned about child safety. He stated the volume of traffic had increased since 1978. During discussion that followed Rev. Johnson stated that it was his opinion that this intersection needed a traffic light and the City Engineer stated the cost of a flashing caution light would be approximately $2,000. There was then some further discussion of the 35 and 45 mph traffic signs and the removal of shrubbery. Following this lengthy discussion Mr. Wofford suggested that the City Engineer remove the shrubbery, coordinate the 45 and 35 mph signs and come back with a recommendation on a flasher light, and this was agreeable with Council. Mayor Hurley then declared a five minute break. C. Council then reconvened into regular session and considered Item C, statement of taxes collected for the month of December 1983. The City Manager stated that the submission was to reflect that the statement had been received. (A copy of the above is attached to the original of these minutes.) D. Consideration of change in meeting date for the first meeting in March. This matter had been considered at the beginning of the meeting. 21. Matters of Interest to the Council: A. Discussion of Cablevision Franchise. See attached memo from Councilman Milton Wofford. Mr. Wofford stated that as Council would recall at the meeting in Mrs. Evans home on January 21st, we informally agreed that the City Manager should begin a search for some expert assistance in the overall cablevision area. This is a step in the right direction and one I feel we should formally request at this time. Beyond that I feel we should move immediately to recover the lost revenue which has accumulated as a result of Cablevision's improper interpretation of Section 26, Payment to the City of our Franchise Ordinance. He enclosed a copy for Council's review. It is clear he continued that the City is due 4% of all revenue generated as a result of Cablevision's franchise to operate within the City. Further such payment should have been made without the City taking any action to collect the fees. These dollars which are assumed to be considerable are already due the City and should not be a part of any future negotiations with Cablevision. I believe we should give them 10 days to pay all arrears before taking any legal action to collect the fees owed as is provided for in the Franchise at Section 27. These fees involve funds due the citizens of Fayetteville from a company which has been allowed to operate without paying its full franchise fee for many years. We must correct this situation now that it has come to our attention. Following some discussion Mr. McBryde suggested that Cablevision come in and talk to the Council about it one more time. Mrs. Evans suggested the City hire the expert now and get his advice before any steps. Mr. Jones concurred with Mrs. Evans' remark. Mr. Wofford suggested that the contract be checked and renegotiated if necessary. Mr. Dawkins suggested to get legal help within this field. Rev. Johnson agreed with Mr. Wofford and make the request for payment. Following some further discussion Mr. Wofford motion that the City Manager inform Cablevision of Fayetteville that the City Council has taken the position that Cablevision owes the City 4% on all services to include home box office and any other services, ad channel, whatever since their inception and we would like a response from Cablevision as to their position on the fee due, motion was seconded by Rev. Johnson. Mayor Hurley called for a vote on the motion and it carried unanimously. The City Attorney then suggested sending a letter to Cablevision and ask for a response within 10 days and this was satisfactory. B. The City Attorney stated that in a notice received January 26th in the case of Henry Spell, Plaintiff versus Charles McDaniel, Roger Holman, William P. Dalton, William Johnson, Dannie Dixon, Sr., John Smith and the City, Federal District Court docket 84-06-CIV-3 under Section 20-60 of the Fayetteville City Code recommended that Council pay for their legal representation in that they meet the requirements of G.S. 160A-167. Mrs. Evans offered motion for approval of the City Attorney's request, seconded by Mr. Wofford and carried unanimously. Mr. Jones stated that he had received several requests about caution lights around schools. Rev. Johnson asked the City Engineer about the structure on Jasper Street and the sidewalk. Mr. McBryde stated that on Owen Drive in front of Putt Golf Course complaints had been received on the speed limit. There were lots of wrecks and the City Engineer was asked to check this. Mr. McBryde stated that in his opinion promotions in the Police Department should wait until the new Chief is hired. Mr. Wofford disagreed. Discussion followed. During the discussion Mayor Hurley stated that in his opinion the City Manager has the responsibility in this. Mrs. Evans expressed opinion that promotions should not be delayed. The City Manager stated that he does not totally disagree with Mr. McBryde but allowed the new Chief to make the decision on the top staff people. Mr. Wofford stated that he was in Raleigh recently and that they had some very attractive asphalt sidewalks. He requested the City Engineer to contact their City Engineer for information concerning this. Mayor Hurley reminded the Council that the City is honoring General McMull on March 15th and to contact Mrs. Warner about their plans to attend. Mayor Hurley also reminded the Council that on February 21st the ladies will have the gubernatorial candidates to the City for a meet the candidates meeting. Mayor Hurley offered the suggestion to Council that the City be promoted as the City of Dogwoods on City stationery, signs and in other ways. Assistant City Manager Stancil stated that the task force is working on a program for this purpose and that a report would be forth coming in approximately two weeks. At 9:50 p.m. Mr. Jones offered motion, seconded by Mr. Dawkins that Council enter into executive session to discuss a matter of litigation only, motion carried unanimously. Council then reconvened into regular session at 10:10 p.m. Council recognized the City Attorney who stated that on Item 21B that the minutes reflect that they meet the requirements of G.S. 160A-167. The City Attorney then recommended that the City take a dismissal of the DuPont Street condemnation against Barnes, Dickins and Canady, Defendants. Mr. Dawkins offered motion for approval of the foregoing, seconded by Mrs. Evans and carried unanimously. Mayor Hurley then extended thanks to Police Officer Mike Pirro for being present at the meeting this evening. Thereafter, all matters of business having been completed this regular session was adjourned at 10:12 p.m. upon motion made and duly seconded. REGULAR MEETING MONDAY, FEBRUARY 20, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, FEBRUARY 20, 1984 7:00 P.M. PRESENT Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, (8:00 p.m) Aaron Johnson, Mildred Evans and Jimmie Jones 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 Rev. Johnson Gupton, Second Baptist Church, offered the invocation. Following the invocation, Mayor Hurley stated that the pledge would be given by Boy Scout Troop, 702 Hay Street United Methodist Church, represented by Jay Buie, Doug Barrett, Rod Owen, Greg Buie, Thomas Dedge, Jamie Green, John Clark and John Buie, and the Scout Leader was Hugh Burton. The pledge was led by a member of the troop. Mayor Hurley stated that Councilman Dawkins would be approximately one-hour late arriving at the meeting this evening. Mayor Hurley stated the City Attorney had requested an Executive Session after the meeting to discuss a litigation matter. Mr. McBryde requested permission to abstain from voting on Consent Item ID. Mayor Hurley requested permission to abstain from voting on Item 3E. Mr McBryde then offered motion, seconded by Rev. Johnson and carried unanimously to excuse Councilman Dawkins until he arrives at the meeting. Mayor Hurley recognized members of the Fayetteville Youth Council present in the audience to observe Council proceedings. Mayor Hurley stated that due to the number of persons present, he would move agenda Item 3E up following the consent agenda. Rev. Johnson asked to move Item 12A up after Item 3E. Mrs. Evans requested to pull Item 1F from consent. Mr. McBryde then offered motion to approve the consent agenda, except Items 1D and 1F, seconded by Mr. Jones and carried unanimously. The consent items appear below: 1. Consent: A. Approval of the minutes of the regular meeting of January 16, 1984. B. Approval of the minutes of the regular meeting of February 6, 1984. C. Conditional approval Of Medical Village Section 3, a special use in an R5A residential district, for preliminary and final condominium conversion review for an area located at 1790 Metro Medical Drive. E. Conditional approval of Pizza Hut restaurant in a C1P shopping center district for a preliminary and final site plan revision review for an area located on the south side of Boone Trail extension east of Owen Drive. G. Award of contract to Lafayette Ford Company for one, one-ton crewcab pick-up truck for the City Engineering Department to the low bidder for their bid of $12,750.00. H. Set public hearing for March 12, 1984 to consider an amendment to the Downtown Redevelopment Loan Agreement. I. Adoption of amendment of Chapter 20 Wreckers (Section 20-143) on second reading. AN ORDINANCE AMENDING CHAPTER 20 MOTOR VEHICLES AND TRAFFIC ARTICLE XII WRECKER AND TOW SERVICE. ORDINANCE #S1984-6. J. Award contracts to low bidders for construction of 5,255 feet of 12" ductile iron water main 17,941'; of 16" ductile iron water main and one water pumping station to low bidders as recommended by PWC. The low bids were 12" water main, Blue Construction Company, $107,847.00; 16" water main, W.M. Paris Associates, $486,476.00; water pumping station, T.A. Loving Company, $118,000.00. 1D. Council then considered consent Item ID which was conditional approval of Sutton Place in an R10 residential district for a preliminary and final zero lot line - group development review for an area located on the east side of Sutton Street, north of Morganton Road. Mr. Wofford moved for approval of the foregoing, seconded by Rev. Johnson and carried, Mr. McBryde abstaining to vote. 1F. Council then considered consent Item 1F which was to set a public hearing for March 12, 1984 to consider the sale of Adams Court site to James C. Breswitz. Mrs. Evans asked if this had conditional approval that it be public busing for senior citizens. She asked if this would apply. The City Attorney replied that it would. Mrs. Evans then offered motion to approve to set the public hearing as requested, seconded by Rev. Johnson and carried unanimously. 3E. Mayor Hurley then stated that Council would consider Item 3E, which was a public hearing on the consideration of the rezoning from R10 residential district to P2 professional district or to a more restrictive zoning classification than presently zoned, for an area located at 206 McPherson Church Road. Al Mitchell presented this matter and stated the Planning Board recommended denial and that the applicant had submitted a letter through the City Clerk's office on Friday that this item be withdrawn from the agenda this evening. He also stated that since this had been advertised as a public hearing, such hearing must be held. Mayor Hurley asked if there were proponents present and there were none. Mayor Hurley then asked if there was opposition and a considerable number of area residents stood in opposition. Following brief discussion, Mrs. Evans offered motion to follow the recommendation of the Planning Staff and Planning Board and deny the rezoning, seconded by Mr. Jones and carried, Mayor Hurley abstaining. 12A. Council then considered Item 12A under the City Manager's reports which was the report on installation of a flasher at the intersection of Rose Hill Road and Chadwick Drive. The City Engineer presented this matter and stated that at the last meeting the Council received a report and that a signal installation was not justified, but a report was requested by Council on the cost of a flasher light. He stated the estimated cost is $1,500.00. The City Engineer stated there was also continued concern for the safety aspects of this intersection. We have cleared the rights-of-way of all bushes along Rose Hill Road to the northwest of this intersection which has improved the site distance. The signings as indicated on the drawing submitted, have also been installed. Mr. McBryde asked about the cost of a stop light and the City Engineer replied an estimated $12,500.00 for a traffic actuated light and $8,000.00 for a regular signal. Following some discussion of this matter, Rev. Johnson stated that an actuated traffic light is needed at this location and moved to approve such installation and install a flasher light during the interim, as suggested by Mr. Wofford. Motion seconded by Mr. McBryde and carried unanimously. 2. Public Works Commission Matters: A. Commission Chairman Jim Warner and PWC Manager Ray Muench were present for the PWC matters. Consideration of a resolution authorizing condemnation to acquire certain property of a Reba Renfrow, widow and, Charles C. Cameron trustee and Cameron Brown Company. Mr. Muench presented this matter and requested approval of it by the adoption of a resolution and stated it was to extend a sanitary sewer line. He stated this has been appraised. Mrs. Evans then offered motion for approval of the foregoing as requested by adoption of the resolution, seconded by Mr. Wofford and carried unanimously A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF REBA B. RENFROW, WIDOW AND CHARLES C. CAMERON TRUSTEE AND CAMERON BROWN COMPANY. RESOLUTION NUMBER R1984-15. 3. Public Hearings: Rev. Johnson requested to move Item 3D up to replace 3A for the moment. D. Consideration of Community Development block grant funding fiscal year 1984-85 and reallocation. Mr. Richard Herrera, Executive Director, Community Development Department, presented this matter and stated that it is a list of projects suggested for funding for the above captioned and the staff recommendations to your Community Development Advisory Board, the Fayetteville Redevelopment Commission, and has unanimously approved the funding recommendations. Mr. Herrera explained in detail this matter (a copy of his presentation is attached to the original of these minutes). Mayor Hurley asked if there were proponents present and Mr. M.T. Meaney, Executive Director, Heritage Place, was recognized with a question of whether sidewalks are included. Mr. Herrera replied that they were. Edith Boyd, a resident of Hawthorne Road, asked if Windsor Terrace area was included for housing rehabilitation. Mr. Herrera stated that it was not at the present time, but was scheduled in the future. Mary Dixon, who resides off Mary and Albert Streets, also had a question about housing rehabilitation. Mr. Herrera replied that this was in target area 8 for the future. Mayor Hurley asked if there was opposition and Mr. Clinton Harris, a local citizen, was recognized but stated he was not in complete opposition, but stated that sidewalks are needed. There was then a detailed discussion of this matter. Following this, Mrs. Evans offered motion to approve the recommendation of the Fayetteville Redevelopment Commission for block grant funding fiscal year 1984-85 and reallocation, seconded by Mr. Wofford and carried unanimously. Item 9 on the agenda was then moved up for consideration at this time. 9. Consideration of amendment to Section 26-5 of the Fayetteville City Code to allow basketball goals on certain streets. The City Attorney presented this matter and gave an explanation concerning the amending ordinance and displayed a projection for Council's benefit. He stated he had drawn this amendment at Council's request and at the request of Mr. Ralph Potter. He stated that a release and hold harmless agreement would be required to free the City of any liability. There was then some detailed discussion of this matter. Following this, Mrs. Evans offered motion that we approve the ordinance as presented and that the City has no liability in these matters. Motion seconded by Mr. McBryde (Councilman Dawkins arrived at the meeting at this moment). Following some further discussion, Mayor Hurley called for a vote on the motion to adopt the code amendment and it carried unanimously. AN ORDINANCE AMENDING SECTION 26-5 - POLES AND WIRE - PERMIT TO PLACE OF THE FAYETTEVILLE CITY CODE. ORDINANCE NUMBER S1984-7. Council then moved to consider additional public hearings: A. Consideration of resolution requiring the paving without a petition of Orange Street from Moore Street to Chance Street. The City Engineer presented this matter and stated that on January 16 the Council adopted a preliminary resolution for paving Orange Street from Moore Street to Chance Street without a petition. This resolution set a public hearing for February 20. The appropriate ad was sent to the newspaper for publication on February 10. Due to a miswording by the newspaper, the public hearing scheduled by the Council for February 20 had not been properly advertised. Therefore, the public hearing should be continued until March 19 and a new ad will be placed in the paper. The paper has agreed to run the new ad at no expense to the City. There were neither pro or con present in the audience concerning this matter. Following brief discussion, Mrs. Evans offered motion to authorize re-advertising of the public hearing to March 19 and amend the resolution adopted January 16, 1984; seconded by Mr. Jones and carried unanimously. 3B. Consideration of a final resolution requiring the paving, without a petition, of Chance Street from Orange Street to Hillsboro Street. The City Engineer presented this matter and stated that some time ago the need was cited for paving this street due to its high maintenance costs and the fact that with the accomplishment of Chance Street work and the proposal to pave Orange Street there will be no unpaved streets left in this immediate area. With the paving of these two streets as a part of our ongoing paving program, the motorgrader will not have to drive to this area each time. These two short streets need grading. He recommended approval by adoption of the resolution. A Pricilla Ratley, Chance Street resident, was recognized in favor of this paving. There was no opposition present. Following brief discussion Mr. Jones offered motion to pave Chance Street by the adoption of the resolution, seconded by Rev. Johnson, and carried unanimously. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF CHANCE STREET. RESOLUTION NUMBER R1984-16. 3C. Consideration of a final resolution requiring the laying of sidewalks, pursuant to petition, on Magnolia Avenue (eastside) from Raeford Road to the northwestern corner of Lot 12, Block C, Plat Book 8, Page 46, Cumberland County Registry. The City Engineer presented this matter and stated that it was by petition of the property owner. There were neither proponents nor opponents present. Following some discussion of this matter, Mrs. Evans offered motion for approval by adoption of the resolution; seconded by Mr. Dawkins and carried unanimously. FINAL RESOLUTION REQUIRING THE LAYING OF SIDEWALKS, PURSUANT TO PETITION, ON MAGNOLIA AVENUE (EASTSIDE) RESOLUTION NUMBER R1984-17. Items 3D and E had already been considered. F. Consideration of a final amendment to assessment roll for Edmonton Road and Levy Street for water and sewer improvements. The City Attorney presented this matter and stated that this was to correct an error made in the assessment roll. He stated that since the roll was confirmed, it had been discovered that a mistake was made in the amount of front footage attributable to certain property owners. Specifically 83' originally assessed to James H. Davis should have been assessed to Lillian Drake. He stated Mr. Tom McNeill, Right-Of-Way Agent for PWC, and he had been to see Mrs. Drake with maps and other documentary information to show her why she is being assessed for an additional 83 feet. She was advised that the matter would be brought before the City Council for public hearing and that she would receive notice if she wanted to heard on the matter. He stated to Council that the statute authorizes them to make corrections of this nature. He stated he advised Mrs. Drake that interest charges on the additional amount would not begin until after confirmation of the amendment to the assessment roll. He recommended adoption of the ordinance. There were neither proponents nor opponents present. Following brief discussion, Mr. Wofford offered motion for adoption of the ordinance at 8:12 p.m., seconded by Mr. McBryde, and carried unanimously. ORDINANCE CONFIRMING THE ASSESSMENT ROLL FOR THE EXTENSION OF WATERWORKS AND SANITARY SEWER SYSTEM AND OTHER IMPROVEMENTS ON AND IN EDMONTON ROAD AND LEVY STREET. ORDINANCE NUMBER NS1984-7. 4. Planning Board Matter: A. Consideration of Mallard Creek in an R10 residential district for preliminary and final subdivision in zero lot line development review for an area located on the west side of Helen Street, north of Tryon Drive. Planner Al Mitchell presented this matter, and stated the Planning Board - recommended conditional approval. Following brief discussion, Mr. Dawkins offered motion for approval of the foregoing as recommended by Planning Board, seconded by Mr. Jones, and carried unanimously. 5. Consideration of a request for acceptance of Brook Street. The City Engineer presented this matter and stated that many years ago a portion of Brook Street was paved by the City and that portion has been maintained for years. Another portion of the street is platted but has never been opened for traffic or accepted by the City for maintenance. Recently, Attorney D. P. Russ asked that the City accept this portion so that a lot abutting the northern margin may be eligible for a building permit. The City Engineer recommended accepting an additional 20' of Brook Street as this is the frontage needed for a lot to abut a City accepted street in order to obtain a building permit. This unaccepted portion of Brook Street falls off sharply from the accepted portion. He also recommended accepting the remaining portion of Brook Street as shown on the recorded plat, as an all purpose easement only, so that the City would have a way to serve with utilities this lot and the lot on the opposite side of the street as needed. This arrangement has been reviewed by Mr. Russ, he stated, the proposed developer of the lot. They agreed that it will satisfy their request, he concluded. Attorney Russ was then recognized and requested approval by Council. Mr. McBryde offered motion seconded by Mr. Jones and carried unanimously, for approval, as recommended by the City Engineer. Motion carried unanimously. 6 & 7. Consideration of Final Assessment Roll on Buxton Blvd. and consideration of purchase of land and right-of-way from Mr. Albert McCauley. The City Engineer presented these matters and stated that Buxton Blvd. was initially paved by the City on an emergency type basis to provide access to the Walker Elementary School. Some years later the street was repaved by the City, including installation of drainage and curbs and gutters on an assessment basis. Most of this repaving work was within an urban redevelopment area, but a portion of this paving extended by property that was owned by Mr. Tildon Walker and Mr. J.W. Pate. It was later determined that the City did not have a proper dedication of right-of-way for a portion of the street and that was paved on an assessment basis. This was brought to the City's attention at the assessment public hearing and the adoption of the assessment roll was delayed. In the meantime, the City had need for some right-of-way for the Southeast Fayetteville Stormwater Pumping Station. Mr. Walker advised the City to go ahead and use the 20' wide strip needed and that we would settle the whole matter of the assessment and Buxton Blvd. right-of-way, plus three other easements that were needed by the City at the same time. Mr. Walker then became ill and the matter was never settled. The property was transferred from Mr. Walker's estate and Mr. J. W. Pate to Mr. Albert McCauley in January of 1984. Mr. McCauley has agreed to the same provisions previously agreed upon by Mr. Walker and Mr. Pate. This agreement is as follows: 1. That the assessment roll should be adopted by the City and the present property owner, Mr. McCauley, would pay the assessment in the amount of $6,838.78. Interest on the assessment would not be charged. 2. The City would get a deed for 2 tracts of land. a. A 20' wide strip of land needed for the stormwater reservoir. b. A deed for Buxton Blvd. right-of-way. 3. The City would obtain three easement tracts. a. Along the eastern margin of the McCauley property for a main ditch. b. Two easements running from Buxton Blvd. easterly to the main ditch. The tract of land, right-of-way and easements, have been appraised by the City and the total of all tracts come to $7,100.00. Mr. McCauley has agreed to accept an amount equal to the paving assessment of $6,838.78. We recommend adoption of the preliminary assessment resolution an acquisition by the City of the properties needed of the cost of $6,838.78. The City Engineer recommended setting a public hearing to approve this assessment roll for March 12 and defer Item 7 to that meeting. Rev. Johnson offered motion to set public hearing for March 12 by the adoption of the resolution and defer Item 7 to that time. RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING, AND OTHER IMPROVEMENT, OF BUXTON BLVD. RESOLUTION NUMBER R1984-19. 8. Consideration of request from Cumberland County to sell property located at 614 Weiss Avenue, Lot 106, Savoy Heights, Section 1, to Victoria Purdie for the sum of $1,500.00 subject to water and sewer easements. The City Attorney presented this matter and stated that the County had received a bid offer from Mrs. Purdie to purchase this lot for the sum of $1,500.00 and placed a bid deposit of $75.00 down. The City Attorney recommended authorizing the County to sell the property for the City. Following brief discussion, Rev. Johnson offered motion for approval of the foregoing as recommended, seconded by Mr. Jones, and carried unanimously. 10. Appointments: A. Nominations to fill one vacancy on the North Carolina Fireman's Relief Fund expired term of Mr. Paul Hayden which expires January, 1985. Mr. McBryde nominated Mr. Herman L. Bishop. There were no further nominations. B. Nominations to fill one vacancy on the Fayetteville Revitalization Commission to fill the unexpired or Mr. Eric L. Mendelsohn which expires June, 1986. Mr. Mendelsohn had submitted his letter of resignation. Rev. Johnson nominated Alnetha Robinson. There were no further nominations and Mayor Hurley stated both of these matters would be reconsidered at the next regular meeting of the Council. 11. Delegations: Council recognized Mr. Clinton Harris with comments on the Magnolia Avenue sidewalks discussion. Mr. Harris suggested that any citizen be permitted to request sidewalks in front of property at any time. The Mayor commented that this cannot be done under present City sidewalk policy. 12. City Manager's Report: Item A had already been considered. Report on installation of traffic signal on McPherson Church Road at Westwood and McPherson Square Shopping Centers. The City Engineer presented this matter, and stated that a lengthy memo had been submitted to Council with their agenda packets; but to summarize the memo it is felt a signal is justified provided rearrangements can be made concerning the driveways. He stated such signals should also be interconnected with the signal at McPherson Church Road and Morganton Road on the State system to prevent congestion. He stated that this must be coordinated with DOT. The City Engineer requested additional time to study this matter. There was a brief discussion and then Council extended thanks to Mr. Bennett for his report. C. Cablevision Consultant: The City Manager stated that he did receive late this afternoon a response from Fayetteville Cablevision to the letter he sent them at City Council's instruction following last meeting. The City Manager requested additional time to look this letter over and present it at an information meeting. He requested this information meeting be set for Monday, February 27, and Council set such meeting as requested for 7:00 p.m. in the City Hall to consider this and other matters. 13. Matters of Interest to the Council: Mr. Jones suggested that Hawley Lane from the bridge to Grove Street be paved without petition, and that the City Engineer study this matter and make a report back to Council. Mr. Jones asked if Shedd Street is inside the City. The City Engineer replied that it was. Mr. Jones requested the City Engineer to look at this street and give the residents relief because it is in bad shape. Mr. Dawkins asked the City Engineer about the 45 MPH speed limit on McPherson Church Road between Morganton Road and 401 Bypass. He stated that numerous wrecks occurred on this section of the road. Rev. Johnson asked about the house and sidewalk on Jasper Street. He stated the sidewalk looked bad. He stated that it looks like the house is in the right-of-way. The City Engineer provided some background for Council on this matter, going back a number of years when this street was not inside the City limits and under municipal jurisdiction. The City Engineer was requested to provide additional information on relocating this house. Mr. McBryde informed Council that the Transit Mall Project had started last week and the first thing to go was his office sign. Mr. McBryde asked the City Engineer if he had looked at the location at Putt-Putt on Owen Drive. The City Engineer replied that he had looked at this location with the Police Department and that it was their opinion it should be kept patrolled when needed. Mr. Wofford stated the Liaison Committee is scheduled to meet next Thursday noon at the Lighthouse Restaurant and invited all Councilmembers to attend. Mayor Hurley stated to Council that in accordance with the memo, he had appointed members to the Blue Ribbon Study Commission on sign regulations. He stated that he had chosen 10 people initially. He stated the first meeting is next Monday at 5:00 p.m. at the Kyle House. He invited the Councilmembers to be present. He stated that some of the members are, Bob McInnis, Rod Brodsky, Ted Rhodes, Jr., Al McKenzie, Swayn Hamlet, Joan Allen, Carol Quigg, Bob Lieth and Charlotte Yarborough. The Mayor also stated in connection with this that a sign training seminar was to be held in Raleigh on Friday and that the commission members have been requested to attend. Mayor Hurley stated an error had been made on the memo and that there will not be food served at the concrete breaking on Hay Street on Wednesday February 29. Mayor Hurley stated that a proposed tree ordinance is again being discussed but this will not affect trees or shrubbery on private property, only on public land. Mayor Hurley recognized several persons present in the audience this evening. Mayor Hurley stated the Cumberland County Governmental Association is to resume meeting and that Mr. George Vaughan of the Planning Department would inform them of the date and place. Mayor Hurley thanked the police officer for being present at the meeting this evening. Mr. McBryde then offered motion, seconded by Mr. Wofford, and carried unanimously, to enter into Executive Session to consider a litigation matter at 8:55 p.m. Council then reconvened into regular session at 9:35 p.m. and adjourned upon motion made and duly seconded. SPECIAL MEETING MONDAY, FEBRUARY 27, 1984 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBERS MONDAY, FEBRUARY 27, 1984 7:00 P.M. Present: Mayor Bill Hurley Milton Wofford, Milo McBryde, Aaron Johnson, J.L. Dawkins, Mildred Evans, Jimmie Jones 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 Councilmember Jones offered the invocation. Council heard information reports on the following items: 1. Report on the City's data processing study by Dr. Lee Mandell of the Center for Urban Affairs and Community Services. 2. Progress report on the Prince Charles Hotel by M. J. Weeks of Fayetteville Progress, Inc. 3. Report from Staff Annexation Task Force by George Vaughan, Planning Director and John Smith, City Manager. 4. Report on “500 Block" Redevelopment Project by John Smith, City Manager. 5. Discussion of proposed budget for second, third, and fourth quarter General Revenue Sharing funds for Fiscal Year 1983-84 by City Manager John Smith. 6. Discussion of Cablevision. Councilmember McBryde left the meeting at 9:00 p.m. Council convened in Executive Session at 9:45 p.m. Council reconvened in Regular Session at 10:20 p.m. City Attorney Robert Cogswell recommended that the dismissal of the condemnation (82 CVS 4754) against J.J. Barnes and wife, Doris Barnes, Helen P. Dickens, individually and as executor of the estate of Marvin D. Dickens, and D.R. Canady and wife, Marjorie Canady be settled for the sum of $49,500.00. Upon motion by Councilmember Johnson, seconded by Councilmember Wofford, City Council voted unanimously to follow the recommendation of the City Attorney. City Attorney Cogswell recommended that the lawsuit of Myrtle Packer against the City (82 CVS 4141) be settled in the sum of $8,500.00. Upon motion by Councilmember Wofford, seconded by Councilmember Evans, City Council voted unanimously to follow the recommendation of the City Attorney. There being no further business, the meeting was adjourned. REGULAR MEETING MONDAY, MARCH 12, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MARCH 12, 1984 7:00 P.M. Present: Mayor Bill Hurley Council Members Milton Wofford, Milo McBryde, J. L. Dawkins, Mildred Evans and Jimmy Jones John P. Smith, City Manager; Roger L. Stancil, Assistant City Manager; Robert C. Cogswell, Jr., City Attorney Absent: Council Member Aaron Johnson Mayor Hurley called the meeting to order, and issued a welcome to all present this evening. Mayor Hurley then recognized Dr. A. A. Markley, Minister of First Presbyterian Church, for the invocation. Mayor Hurley stated that Dr. Markley is leaving the City, after many years of service to First Presbyterian. Mayor Hurley stated that, following the invocation, the audience would participate in the Pledge of Allegiance to the flag. Dr. Markley's prayer was as follows: Oh God, our Heavenly Father, we bow before thee to give thee praise for the goodness and mercy which You continually shower upon us as Your people. We are thankful for a wondrous world, and for Your sovereign power over all that happens about us. Tonight for us is a night of celebration, for as we look about our city, we see that there are many things that we dreamed about and talked about for many years. We find that there are old buildings coming down and new buildings going up, and the form of our city begins to change. We thank You, the architect of all creation, for creating the world in which creation is an ongoing process, and we thank You that You give us mind and mentality and responsibility, where we become Your responsible citizens. Bless us as we continue to think and to dream. Bless our elected officials as they make decisions on behalf of all our citizens. Bless us as we think in terms of the common good, and the common needs of all our people. Indeed, that they might be held in knowledge, and free and openly then for all people. We give You praise, and we ask for Your blessings, and for Your presence, as we come together for this meeting tonight. Amen. Mayor Hurley then led the assembly in the Pledge of Allegiance to the Flag. Following the pledge, Mayor Hurley asked Dr. Markley and Mrs. Markley to come to the front of the Council Chamber. Mayor Hurley then commented to Dr. Markley on his involvement in the many good works of the community, and especially of the Committee of One Hundred. Mayor Hurley stated that Dr. and Mrs. Markley would be sorely missed by the community, and wished them the best of everything. Mayor Hurley then presented Dr. Markley with a framed certificate of appreciation. Dr. and Mrs. Markley were then accorded a vigorous round of applause from all of those present in the Council Chamber. Mayor Hurley then recognized Fayetteville Youth Council representatives, present in the audience to observe Council proceedings. Mayor Hurley then stated that the City Attorney had requested an Executive Session to consider a matter of litigation at the end of this meeting. Mayor Hurley stated that Councilman Johnson is absent this evening, due to the unexpected and untimely death of his brother this afternoon. He asked that Reverend Johnson be officially excused from this meeting. Mr. Wofford then offered motion, seconded by Mr. McBryde and carried unanimously, that Councilman Johnson be, and he hereby is, officially excused from this meeting. Mayor Hurley then stated that Council would consider the Consent Items. Mr. Dawkins requested that Consent Item 1-U be pulled, and it was done. Mr. Wofford requested that the minutes of February 20th, Page 228, Item 11 (DELEGATIONS), be corrected so that the word “cannot" be changed to read, “can" be done. The City Manager stated that in Items 1-K and 1-L, the Public Hearing dates should read, for Item K, April 2nd; and, for Item L, April 16th. Mr. Jones then offered motion, seconded by Mr. Dawkins and carried unanimously, that all Consent Items except 1-U be approved. U. Council then considered Consent Item 1-U, which was conditional approval of Bryant Restaurants D.B.A. Wendy's, in a C1(P) shopping center district for preliminary and final site plan review for an area located between Cameron Brown and Pizza Inn, on the east side of McPherson Church Road. Mr. Dawkins raised a question on driveway access, and of the proposed common drive between Wendy's and the existing Pizza Inn on the south. Planner Al Mitchell offered an explanation in answer to this question, and stated that there would be no problem. Following brief discussion, Mr. Dawkins offered motion, seconded by Mr. Jones and carried unanimously, to give conditional approval to the foregoing. The Consent Items appear below: 1. CONSENT: A. Approval of the minutes of the regular meeting of February 20, 1984. B. Approval of the minutes of the special meeting of February 27, 1984. C. Approval of a request for a refund of City taxes to Deborah Demise Ray in the amount of $20.31. D. Approval of a request for a refund of City taxes to We Try Harder, Inc. in the amount of $22.15. E. Approval of a request for a refund of City taxes to Winifred A. Rabens in the amount of $22.88. F. Approval of a request for a refund of City taxes to Gary A. Grissinger and wife in the amount of $120.12. G. Approval of a request for a refund of City taxes to William Franklin Monroe in the amount of $1.54. H. Approval of a request for a refund of City taxes to John Joseph Schmittle, II in the amount of $10.24. I. Approval of a request for a refund of City taxes to Margaret B. Crump in the amount of $3.83. J. Set Public hearing for April 2, 1984, to consider annexation of a 10.68-acre tract of land located north of Drexel Subdivision. K. Set Public hearing for April 2, 1984, to consider annexation of a 7.3-acre tract of land on the west side of Ramsey street, south of Coronation Drive. L. Set Public hearing for April 16, 1984, to consider a resolution requiring the paving-without a petition of Hawley Lane, from existing pavement at Blount's Creek Bridge to Grove Street. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF HAWLEY LANE. RESOLUTION NO. R1984-20. M. Set Public Hearing for April 16, 1984, to consider a resolution requiring the paving without a petition of Tolar Street, Barnes Street, and Barrett Street from Southern Avenue to Winslow Street. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF TOLAR STREET - BARNES STREET - BARRETT STREET. RESOLUTION NO. R1984-21. N. Set Public Hearing for April 16, 1984, to consider FAST route revisions. O. Award contracts to low bidders for the purchase of 100,000 feet of 2-4/0 19-strand Aluminum Conductor (Sweetbriar Y/S), as recommended by Public Works Commission. The low bid by Rigby Electric Supply Company in the amount of $99,900.00 was accepted. P. Award contracts to low bidders for the purchase of 386 electric distribution transformers (various sizes and voltages, including overhead and padmount transformers). The low, evaluated bids, totalling $296,089.30, are recommended for approval by Public Works Commission. (A copy of these bids is attached to the end of these Minutes.) Q. Conditional approval of Sambo's Restaurant building in a C1P shopping center district for a preliminary and final site plan addition review for an area located on the south side of Bragg Boulevard, in the K-Mart Shopping Plaza. R. Conditional approval of 700 Haymount Townhouses, Phase II, in an R5 residential district for a preliminary and final zero lot line development review for an area located in the 700 Block of Hay Street. S. Conditional approval of Swensen's Ice Cream Factory and Restaurant in a C1P shopping center district for preliminary and final site plan revision review for an area located in Westwood Shopping Center, west of McPherson Church Road. T. Conditional approval of Cash Points 24-Hour Automated Teller Machine in a C1P shopping center district for a preliminary and final group development review for an area located at 504 N. McPherson Church Road. U. Consent Item U had already been considered. V. Conditional approval of Welmar Heights, Part I, Section IV, in an R10 residential district for a preliminary and final subdivision and zero lot line development review for an area located on the northwest corner of the intersection of Village Drive and Ireland Drive. W. Approval of the initial zoning to R10 residential district, or to a more restrictive zoning classification, for an area located at 3409 Boone Trail. X. Approval of the initial zoning to R10 residential district, or to a more restrictive zoning classification, for an area located on the north side of Southview Circle, east of the proposed realignment of Rosehill Road. Y. Appointment of Herman L. Bishop to the N.C. Firemen's Relief Fund, to complete the term of Mr. Paul Haden to January, 1985. Z. Appointment of Alnetha Robinson to the Fayetteville Revitalization Commission, to complete the term of Eric Mendelsohn, resigned, to June, 1986. PUBLIC HEARINGS: A. Consideration of sale of Adams Court site to James C. Breswitz. The City Attorney presented this matter, and explained the terms of the contract. He stated that it has been advertised, and is for one hundred percent (100%) senior citizens, twenty percent (20%) of them low and moderate income. He stated that the appraised value of the property is $32,800.00. He offered a detailed and lengthy explanation of this matter to the City Council for their benefit. Following this, Mayor Hurley stated he would recognize proponents of the proposition, and there were none. Mayor Hurley stated he would then recognize opponents; and Mr. Clinton Harris, a local citizen and Chairman of the Senior Citizens Round Table, was recognized in opposition. He stated that the site does not qualify for senior citizens, and is not for low income citizens. He stated it is not as it has been advertised. He requested removal of this property from the market, due to this. Mr. Elijah Lyons, 304 Plum Street, was next recognized in opposition, and stated that he concurred with Mr. Harris' remarks. Mr. Thomas Q. Whitmire was next recognized, and stated that he agreed with the opinions of opposition expressed. He extended thanks to the Council for their help in what has been done in the past. Mr. Dawkins stated the remarks and expressions are correct, in his opinion. Mrs. Evans stated she was under the impression that this would be for senior citizens of low and moderate income, and stated that she cannot vote for this contract. Mr. Jones stated that he concurred with Mrs. Evans' remarks, and is against the proposal. Mr. Wofford asked for an explanation as to how this particular problem had come about. The City Attorney offered additional remarks concerning the matter, and stated that, in view of the opinions expressed, he was requesting an opportunity to discuss this matter further with Mr. Richard Herrera of the Community Development Department, and to continue this Public Hearing until after that time. Following some further discussion, Mr. McBryde offered motion, seconded by Mr. Wofford and carried unanimously, to end this Public Hearing tonight, and refer this matter to the City Attorney for further investigation and a report back to the Council. B. Consideration of an amendment to the Downtown Redevelopment Loan Agreement. The recommended action was to continue this Public Hearing to April 2, 1984. The City Attorney presented this matter, and requested that it be continued to April 2nd, in order that it be studied further. Mr. Dawkins offered motion, seconded by Mr. McBryde and carried unanimously, to continue this Public Hearing to April 2, 1984. C. Consideration of sale of property within the 500 Block Redevelopment Project Area. The City Attorney presented this matter; and gave details on the proposed sale of the property, and the contract. He stated that the City Engineering Department was requesting reservation of rights-of-way abutting the 500 Block proposed for sale by the City. He stated that rights-of-way are needed along Robeson Street, Franklin Street, Winslow Street, and Russell Street. The City Attorney also explained the proposed contract for sale with the Hospital Corporation of America Properties, Inc., and their proposal. He presented Council with a lengthy and detailed commentary concerning the sale; and, concluding his presentation, requested adoption of the resolution approving the sale. Council recognized Mr. Mike Girone, of Hospital Corporation of America, who requested approval of the sale, displayed proposals of Phases I and II of the construction, and detailed what was planned. He displayed posters of the two phases for Council's information. Mayor Hurley asked if there were proponents, and Mr. Clinton Harris was recognized in favor, with remarks for sidewalks. There was no opposition expressed. Following some discussion, Mr. Dawkins offered motion, seconded by Mr. McBryde and carried unanimously, for approval of the sale of this property by the adoption of the resolution; and by the addition of Paragraph 6 to the resolution, approving the contract, as requested by the City Attorney. Following some questions put by Councilman Wofford, Mayor Hurley called for a vote on the motion, and it carried unanimously. RESOLUTION APPROVING SALE OF PROPERTY IN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN (500 BLOCK REDEVELOPMENT PROJECT). RESOLUTION NO. R1984-22. D. Consideration of general revenue-sharing budget amendment for second, third, and fourth quarters of fiscal year ending June 30, 1984. The recommended action was adoption of the amendment. The City Manager presented this matter, displayed projections for Council's information, and presented a detailed commentary, stating that they provided for funds for the southeast Fayetteville drainage project, fire and police training area, swimming pools, and the Senior Service Center. There were neither proponents nor opponents present. Following brief discussion, Mrs. Evans offered motion for approval of the foregoing amendments as presented, and as recommended by the City Manager; seconded by Mr. Jones and carried unanimously. E. Consideration of adoption of an ordinance confirming the assessment roll for the paving of Buxton Boulevard. The recommended action was adoption of the ordinance. The City Attorney presented this matter, and gave details again, as presented at the last meeting of the Council. He stated this would complete a long-standing paving assessment and rights-of-way matter, originating with Mr. Tilden Walker and Mr. J. W. Pate some years ago. He stated this matter also considered the need by the City for some right-of-way for the southeast Fayetteville Stormwater Pumping Station. He stated the tract of land, right-of-way and easements have been appraised by the City, and the total of all tracts comes to $7,100.00. He recommended adoption of the preliminary assessment resolution, and acquisition by the City of the properties needed, at a cost of $6,838.78. He stated the preliminary resolution was adopted February 20th, with a public Hearing set for March 12th; therefore, a final assessment resolution should be adopted. Approval was recommended for acquisition of the rights-of-way and tracts of land needed by the City. There were neither proponents nor opponents present. Following some discussion, Mr. Wofford moved for adoption of the ordinance at 8:05 p.m., seconded by Mr. Jones and carried unanimously. AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL FOR THE PAVING AND OTHER IMPROVEMENTS OF BUXTON BOULEVARD. ORDINANCE NO. NS1984-8. Mayor Hurley then declared a five-minute recess from the meeting. Mayor Hurley then called the session back to order. 3. Consideration of purchase of land and right-of-way from Mr. Albert McCauley. The recommended action was approval. This had been included in the discussion of the previous matter. Mr. Wofford moved for approval as recommended by the staff, for the purchase of the land and right-of-way, seconded by Mr. McBryde and carried unanimously. 4. Revisions to the following traffic schedules: Number 1 - Bus Stops; and Number 10 - Loading/Unloading Zones. 5. Revisions to Section 20-89 of the City Code, Schedule 13 - Parking Zones. The recommended action was adoption of three revisions. The City Engineer presented these matters, and stated that the ordinances and maps showing proposed revisions to the City Traffic Schedule were as follows: Schedule 1: Bus Stops - These two new bus stops (on Hay Street and Franklin Street) have been requested by the Transit Department as replacement bus stops for ones lost on Hay Street during construction of the Transit Mall. Schedule 13: Parking Zones - The two parking zones recommended for deletion are as follows: Hay Street in the 400 Block, at the location proposed for a new bus stop; Donaldson Street, in the driveways of parking lot number 3, presently under construction. Schedule 10: Loading Zones - The loading zones proposed for deletion are loading zones in the downtown area, which are presently ordinanced, but are not signed or currently utilized because they fall in existing parking zones, or in intersections created by construction of the downtown circulation streets. He recommended adoption of the Traffic Schedule revisions. Following some discussion, Mrs. Evans offered motion for adoption of the ordinance, Traffic Schedule Number 1 - Bus Stops, as recommended by the City Engineer; seconded by Mr. Jones and carried unanimously. Following some further discussion, Mr. Dawkins offered motion, seconded by Mr. Jones and carried unanimously, for the adoption of the amendment concerning Traffic Schedule Number 10 - Loading/Unloading Zones. Following some further discussion, Mrs. Evans offered motion, seconded by Mr. Dawkins and carried unanimously, for adoption of the amending ordinance concerning Traffic Schedule 13 - Parking Zones. The ordinance titles appear below: AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 1 - BUS STOPS. ORDINANCE NO. NS1984-9. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 10 - LOADING/UNLOADING ZONES. ORDINANCE NO. NS1984-10. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-89 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 13 - PARKING ZONES. ORDINANCE NO. NS1984-11. 6. Consideration of amendment to Chapter 20 regarding parking violations. The recommended action was adoption of the amendment. The City Attorney presented this matter, and stated that these amendments are necessary in order to permit Park Rangers to enforce parking violations in City parks. He recommended adoption. Mr. McBryde offered motion, seconded by Mrs. Evans, for adoption of the ordinance; motion carried unanimously. AN ORDINANCE AMENDING CHAPTER 20 - MOTOR VEHICLES AND TRAFFIC - OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, SECTION 20-92 VIOLATIONS. ORDINANCE NO. S1984-8. 7. Consideration of amendment to Chapter 21.A - Parks and Recreation: Regarding enforcement of parking in City parks. The recommended action was adoption of the amendment. The City Attorney presented this amendment, and recommended adoption for the same purpose. Mrs. Evans offered motion for adoption of the amending ordinance, seconded by Mr. Dawkins and carried unanimously. AN ORDINANCE AMENDING CHAPTER 21A - PARKS AND RECREATION - OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, SECTION 21A-20 OFFENSES; ENFORCEMENT. ORDINANCE NO. S1984-9. At this point, Mr. Dawkins informed those present that the dedication of the Milton E. Mazarick Park (the renaming of Glenville Park) will be held at 10:00 a.m. this Saturday, March 17th; and invited all persons to be present. 8. Consideration of acquisition of right-of-way along Murchison Road for sidewalk construction. The recommended action was adoption of the condemnation resolution. The City Engineer presented this matter; and stated that, recently, the Council authorized sidewalk construction along the west side of Murchison Road, from Mount Sinai Homes to Filter Plant Drive. The right-of-way needed across a lot immediately south of Filter Plant Drive had been appraised, and negotiations had been attempted with the owner, who resides in New York state. He has refused to negotiate, stating that he doesn't believe sidewalks are needed; and that the construction of sidewalks would create problems of responsibilities for him. He has been made an offer of the full appraised amount, with no results. Therefore, he recommended adoption of the condemnation resolution. Following brief discussion, Mr. McBryde offered motion, seconded by Mr. Dawkins and carried unanimously, for adoption of the condemnation resolution. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY - PARCEL W-1, MURCHISON ROAD. RESOLUTION NO. R1984-23. 9. Consideration of request from Mr. Walter Vick. The City Manager presented this matter, and stated that he had met with Mr. Vick on this matter today. He stated that, in a letter from Mr. Vick, he was proposing that the end wall of his Market Square building be renovated. He stated that this blank wall represents a significant resource on the Market Square. He stated it could be integrated into the design of the Square, whether as an arbor, a fountain, or a sculptured wall (a mural depicting City history), among others. He stated the wall could produce income from advertising. He stated that, in any case, current income from his building could justify little more than a remedial stucco refinishing of the surface. He stated he wished he could afford to present the City with something magnificent in the form of a renovated end wall, but could not. He stated he was not even sure what his long-term commitment to the property was. He stated that, in light of this, what he could do to insure the community's interest in the quality of Market House Square is protected, is to donate this end wall to the City. Whether this takes the form of an aesthetic easement or a party wall agreement, is open to discussion. He stated he did not think that it would be equitable for him to spend money on this wall and, shortly thereafter, have the City realize its potential as a resource. The City Manager stated that Mr. vick would appreciate some action on this offer as soon as possible; otherwise, the fate of this highly visible surface will rest between whoever owns it, and the governing statutes. The City Manager requested that Mr. Paul Lu be permitted to consider incorporating this wall in the Market Square plan. Mr. McBryde stated that he was not interested in entering into any party wall agreements with anyone, and stated that this could form a precedent. Following some detailed discussion of this, Mrs. Evans offered motion to delay this matter, and authorize the City Manager to consult with Mr. Paul Lu and return to the Council with a recommendation; motion seconded by Mr. Jones and carried, Mr. McBryde voting against. 10. Appointments: A. Nominations to fill seven vacancies on the Human Services Commission, to fill the unexpired terms of Gloria Fowler, Claudia Simpson, Ida Ross, Bettie Jo Goodenough, Mildred Evans, Colonel Ben Hill, Gertie Brewington, which expire in March, 1984. Mrs. Evans nominated Councilman Jimmie Jones to serve the balance of her term of office. Mrs. Evans also nominated incumbents Gloria Fowler, Claudia Simpson, Ida Ross, Colonel Ben Hill, and Gertie Brewington. Mr. Dawkins nominated Bettie Jo Goodenough. Mayor Hurley stated that these nominations would be considered at a later meeting. 11. Consideration of resolution requesting assistance from the Cumberland County Legislative Delegation for funding of the Municipal Market Project (appearing, Mr. David Rowland, Fayetteville Progress, Inc.). The recommended action was adoption of the resolution. The City Manager presented this matter, and stated that Mr. David Rowland, with Fayetteville Progress, Inc., is seeking several alternative methods for funding expansion of the market. Some North Carolina cities have been successful in acquiring funds from the N. C. General Assembly. Mr. Rowland has suggested the adoption by City Council of a resolution as a first step in approaching our delegation for assistance. He stated he concurred in this recommendation. Following brief discussion, Mr. McBryde offered motion, seconded by Mr. Dawkins, for adoption of the resolution as presented, and call it the Municipal Market within the resolution. Mr. Rowland was recognized in behalf of the request. Following this, Mayor Hurley called for a vote on the notion, and it carried unanimously. RESOLUTION THAT THE STATE SENATORS AND REPRESENTATIVES FROM THIS DISTRICT PURSUE WITH DILIGENCE THE NECESSARY MEANS AND CHANNELS TO SEEK FUNDS FROM THE GENERAL ASSEMBLY TO BE USED TOWARD THE CONSTRUCTION OF THE MUNICIPAL MARKET. RESOLUTION NO. R1984-24. 12. DELEGATIONS: Council recognized Mr. Clinton Harris, a local citizen with comments on Council's action concerning the Adams Court site. He stated that this project was for senior citizens, and that the City Attorney had misled the Council in his presentation tonight. Mayor Hurley thanked Mr. Harris for his remarks, and stated that the Council was certain the City Attorney would not intentionally mislead them in any matter. 13. CITY MANAGER'S REPORTS: A. House moving on Jasper Street. The City Engineer presented this matter, and stated that detailed information as to how it had all come about had been presented to Council at their last regular meeting; and also stated that, at the last Council meeting, Councilman Johnson had discussed the fact that this house projects into the right-of-way of Jasper Street, and that sidewalks had recently been constructed along Jasper Street. The sidewalk was constructed with the back edge along the right-of-way line, except for the portion adjacent to the house. A jog was constructed in the sidewalk to get around this house. The estimated cost for relocating the house is $5,800.00. The proposed relocation would meet all side yard and setback requirements. The estimate includes a foundation equal in quality to the existing foundation, and reconnection of all utilities, and correcting the misalignment of the sidewalk. He displayed a map showing the property line existing, location of the house, and the proposed relocation. Council then discussed this matter, but took no action. B. Request of weapon and shield upon retirement, from Captain J. H. Hart of the Police Department. C. Request of shield, badge, and service revolver from James L. Stewart, Sr., upon resignation for retirement. Mayor Hurley stated that the foregoing two matters would be considered at the same time. The City Manager recommended approval of both requests. Following brief discussion, Mr. McBryde offered motion, seconded by Mr. Dawkins and carried unanimously, to approve both of the foregoing requests for shields and weapons. D. Report on cablevision consultant. The City Manager presented this item, and stated that, after discussing the City's cablevision situation with several municipal officials in North Carolina, and with two consulting firms; and receiving information from several firms, I am prepared to recommend that the City negotiate with Rice Associates, of Washington, D. C. I am recommending that we contract for the following services: 1. Economic feasibility study of municipal ownership and operation of a cable system; 2. Regulatory assistance, including franchise compliance review; 3. Technical assistance in public access utilization; 4. Assistance in franchise negotiations as needed. Items 1, 2 and 3 could be negotiated for a fixed fee, while Item 4 would most likely be on an as-needed hourly basis. He stated he met with Mrs. Jean Rice in Washington, and was satisfied that this firm would best meet our needs. He stated he was sending Mrs. Rice more detailed information on the cable system in Fayetteville, so that she can provide us with a detailed estimate of the cost of services in the four areas described above. He stated he was providing Council with some general information on Rice Associates. He suggested that he be authorized to continue to negotiate with this firm, and come back at a later meeting with a proposed contract. Following some brief discussion, this was agreeable. E. Discussion of proposed land transaction between the City and the County. The City Attorney made a presentation, and displayed projections for Council's information. He stated that when the County agreed to build a new central library at the corner of Ray Avenue and Maiden Lane, the City verbally agreed to include the City-owned property leased to the ABLE School, in the library site, in return for right-of-way along Ray Avenue. No formal transfer has ever taken place, however. I have discussed the matter with the County Manager and the City Engineer, and it appears in the best interests of both the City and the County to trade several parcels in that area. Under the proposal, the County would receive the ABLE School property, which is approximately 7,000 square feet; and approximately 8,100 square feet at the intersection of Ray and Mason. The City would receive from the County 3,084 square feet along Ray Avenue; and approximately 16,000 square feet along Cross Creek, on the other side of Ray Avenue. I originally planned this for your last information meeting, but we did not have all the necessary information. I have placed it on the agenda this evening for presentation and discussion; then it can be taken up on the 19th for action, if desired. The City Manager also presented alternatives to the foregoing, and outlined them on the projection. Mayor Hurley thanked the City Manager for the report. Mr. Dawkins suggested work on the Cape Fear River for the benefit and potential to the community; and the City Manager replied that this and other waterways were under study. F. The City Manager stated to the Council that he had received the statement of taxes collected for the month of January, 1984 from the Tax Collector; and requested that it be entered for the record in the Minutes of this meeting. 14. MATTERS OF INTEREST TO THE COUNCIL: Mr. McBryde extended thanks to the Mayor for the presentation to Dr. and Mrs. Markley this evening, and that Dr. Markley's prayer be included in the Minutes of this meeting; and that he would be sorely missed in this community. Mr. Dawkins echoed Mr. McBryde's remarks, and stated that Dr. and Mrs. Markley's family would also be missed. Mrs. Evans also echoed Mr. McBryde's and Mr. Dawkins' remarks concerning Dr. and Mrs. Markley. Mr. Jones thanked Mr. Bennett for the report on Shedd Street. Mayor Hurley stated that the junkyard which had appeared on Gillespie Street looked bad, and some action needed to be taken. Following some discussion, Mrs. Evans offered motion, seconded by Mr McBryde, to authorize the City Attorney to take whatever action is necessary to correct this problem; motion carried unanimously. Mayor Hurley reminded Council of the upcoming basketball game with the Youth Council, set for Thursday, March 22nd. Mayor Hurley also reminded Council of the retirement dinner for General MackMull, which is set for this coming Thursday evening. Mayor Hurley also reminded Council of the trip to High Point, set for March 21st. Mayor Hurley reminded Council of the first County Governmental Association meeting, set for Marcia 21st, at the Sandpiper Restaurant. Mayor Hurley also reminded Council of the North Carolina League of Municipalities district meeting on March 29th, and stated that Fayetteville is the host for this meeting. He stated the meeting would be held at the Holiday Inn on I-95. Mayor Hurley extended thanks to the Police officer for being present this evening. Mayor Hurley stated he would then entertain a motion to go into Executive Session; and Mr. McBryde moved, seconded by Mr. Wofford and carried unanimously, that Council enter into Executive Session at 9:10 p.m., to discuss a matter of litigation; motion carried unanimously. Council then reconvened into regular session at 9:30 p.m., and Mayor Burley recognized City Attorney Cogswell. The City Attorney presented the following, and recommended approval: Case One: Ivey v City of Fayetteville, et al. - 84-25-CIV-3 U.S. District Court Attorney Represents Fee Robert Cogswell City John Smith City Council Capt J. H. Hart, P.D. Barrington D. K. Dixon $75/hr. McGlothlin Civil Service Commission $75/hr. Mr. Dawkins moved for approval, seconded by Mrs. Evans and carried unanimously. Case Two: Rodriguez v John P. McGuinness, et al. - 84-28-CIV-3 U.S. District Court Attorney Represents Fee Robert Cogswell Roger Holman William Johnson D. K. Dixon John Smith City of Fayetteville McGlothlin McGuinness Gratis to July 1 Gary Scearce $50/hr. after that Mrs. Evans moved for approval, seconded by Mr. Dawkins and carried unanimously. Mayor Hurley then recognized Mr. Kenneth Robinson, Archaeologist for the City, who provided some information and offered some comments on the Hay Street digs. Mr. Robinson stated he was not doing the digging, but was standing by while the contractor was doing so, and watching closely. He stated that so far, an old wooden water main had been unearthed, as well as an old brick storm drain on Anderson Street. He stated they were hoping to discover a lot about early PWC utilities in the downtown area. He assured Council that he was keeping records and documentation, and taking slide photographs for showing. Mayor Hurley thanked him for his comments. Thereafter, upon motion made and duly seconded, the meeting was adjourned at 9 p.m. REGULAR MEETING MONDAY, MARCH 19, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MARCH 19, 1984 7:00 P.M. Present: Mayor Bill Hurley Council Members Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones 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 Councilman J. L. Dawkins offered the invocation. Following the invocation, Fayetteville Youth Council member John Byers led the audience in the Pledge of Allegiance to the Flag. Following the invocation, John reminded the Council Members about the Youth Council benefit basketball game with the County Commissioners and the City Council Members. The game is scheduled for 8:00 p.m. on March 22nd, at the Fayetteville Academy. John issued a challenge to the Council Members and others present to compete with the Youth Council members in this game. He stated that the proceeds would be donated to the Care Family violence Project. Mayor Hurley also recognized other Youth Council representatives present in the audience to observe Council proceedings. Mayor Hurley then moved into Council business. 1. PUBLIC WORKS COMMISSION MATTERS: A. Consideration of bids received March 8, 1984 for reconstruction and/or relining of sanitary sewer collection mains in fourteen areas. The recommended action was that bid be awarded to the low bidder. Council recognized Commission member Tom McCoy and PWC Manager Ray Muench. Mr. McCoy presented the PWC matter, and stated that the low bid by Green Utility Contractor is recommended for approval for their bid of $264,418.00. If approved, it is respectfully requested that authorization for the Mayor and City Clerk to execute the contract documents be included in the motion to approve. Following brief discussion, Mrs. Evans offered motion, seconded by Mr. Jones and carried unanimously, for approval of the foregoing as recommended, and that the Mayor and Clerk be authorized to execute the documents. 2. PUBLIC HEARING: A. Consideration of a resolution requiring the paving without a petition et Orange Street, from Moore Street to Chance Street. The recommended action was to readvertise for April 16, 1984. Council recognized the City Engineer, who stated that on February 20th, a Public Hearing was set by the City Council for March 19th. Due to an error in advertising, we find that the Council should reschedule the Public Hearing, and suggest this rescheduled date be April 16th, he concluded. Mayor Hurley stated that since this was an advertised Public Hearing, he would recognize persons from the audience interested in this matter. Council recognized Mr. Ralph D. Blue, 541 Orange Street, in favor of the paving, and who requested approval. Mayor Hurley also recognized Mr. James Robinson, 539 Orange Street, also in favor, and who requested approval. There was no opposition voiced. Mrs. Evans then offered motion to readvertise this Public Hearing as recommended, for April 16, 1984, by the adoption of a resolution; motion seconded by Mr. Dawkins and carried unanimously. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF ORANGE STREET, RESOLUTION R1984-25. 3. CONSIDERATION OF SALE OF ADAMS COURT SITE TO JAMES C. BRESWITZ: The City Attorney presented this matter, and stated that on Wednesday, March 14th, Mr. Kimbel and myself met with Mr. Breswitz and his attorney, and discussed a modification of the contract. One of the problems, as confirmed by the HUD office in Greensboro, is the scarcity of funds available for low to moderate income senior citizen housing. What little there is, is available to non-profit groups, and is highly competitive. Mr. Breswitz' attorney has advised that there will be $600,000,000.00 available after June 1, 1984 for subsidized housing, under Section 17 of the Housing Reorganization Act. The regulations for this program will be released April 1st. All that Mr. Breswitz knows at the present time is that senior citizens would qualify; and, because of the low cost of housing in this area, that an application from this area would have a greater chance of success because the money would go farther. Based upon what Mr. Breswitz knows about the program, he feels he has good reason to believe that it will be consistent with what you want. With the above in mind, Mr. Breswitz has asked that you defer your decision until after April 1st, in order that he can obtain the regulations, and determine what will be necessary to make an application. Based upon the above, I recommend that you continue this item until such time as the requirements of the program are known. Following brief discussion, Mr. Wofford offered motion, seconded by Mr. Dawkins and carried unanimously, to defer the above matter as recommended by the City Attorney. 4. CONSIDERATION OF APPROVAL OF CONCEPTUAL DESIGN FOR PEDESTRIAN LINKAGES: The recommended action was the Fayetteville Revitalization Commission recommends approval of concept designs submitted by Paul C. K. Lu and Associates. Assistant City Manager for Economic Development Suzan Cheek presented this matter, and stated that the first phase of design of the Pedestrian Linkages on the streets connecting the Olde Fayetteville Commons with parking and thoroughfares has been completed. Drawings showing the conceptual design for these linkages are provided. The Revitalization Commission and City staff recommend that this design be approved, so that we can direct the design consultant, Mr. Paul Lu, to proceed to the next phase of design. The recommended design is a product of extensive staff review and public participation. Five City Review Commissions, downtown property owners and merchants, City and utility staffs, and members of the general public contributed to this process. Numerous staff and public meetings have been held, including several held during a three-day design visit by the consultant last month. The proposal uses the “design vocabulary" of the Olde Fayetteville Commons: wide brick sidewalks, with evenly spaced street trees and octagonal roadway pavers. The one-foot concrete curb forms a regular pattern of bays accommodating forty-six oversized parking spaces. The traffic on most streets will be one-way. The plan is flexible, in that the vehicular surface can be raised, and the linkages converted to totally pedestrian ways in the future if it is desired. This pedestrian option for the future is shown in the drawings labelled “Phase II". The list of the linkage streets being initially studied is also included. Mrs. Cheek also displayed maps and designs, and showed schemes “A", “B", and “C". Concluding her presentation, she stated the recommendation was for scheme “B". There was then considerable discussion concerning these linkages, and Mr. Jones expressed his concern over the loss of parking spaces, which the downtown area could not afford. Following extensive discussion, Mrs. Evans offered motion to follow the recommendation of the Revitalization Commission, and approve scheme “B" as presented for the Pedestrian Linkages; motion seconded by Mr. Dawkins and carried, Mr. Jones voting “no". (A copy of the foregoing recommendation is attached to the original of these minutes.) 5. CONSIDERATION OF PROPOSED LAND EXCHANGE BETWEEN THE CITY AND THE COUNTY: Recommendation was adoption of a resolution. The City Manager presented this matter, and reminded Council that the details of it were presented at the last regular meeting. He displayed a projection again, showing the properties involved, and recommended approval. During discussion that followed, questions arose on some areas and property descriptions. The City Attorney stated that he could amend the adopting resolution, if necessary. There was then some further discussion, with considerable concern being expressed regarding the properties involved. Following this discussion, Mr. McBryde offered motion for adoption of the resolution, authorizing the exchange of the properties with the County; motion seconded by Mr. Dawkins. Following some further discussion, Mr. McBryde withdrew the foregoing motion, and Mr. Dawkins his second. Following some further discussion, Mayor Hurley deferred this matter, by agreement of the Council, until such time as the property description questions can be resolved. 6. APPOINTMENTS: Election of nominees previously made to fill seven vacancies on the Human Services Commission. Reverend Johnson raised the question concerning Council Members serving on boards and commissions. Mrs. Evans had nominated Mr. Jones to serve her term of office at the last meeting. There was then considerable discussion concerning this. Mr. Jones then stated he did not wish to be appointed. Following this discussion, Mrs. Evans offered motion, seconded by Mr. Dawkins and carried unanimously, that six of the incumbents be reappointed for two-year terms of office each, to run to March, 1986. They were as follows: Gloria Fowler, Claudia Simpson, Ida Ross, Bettie Jo Goodenough, Colonel Ben Hill, Gertie Brewington. There was no nomination made for the seventh vacancy, and Mayor Hurley stated this would be considered at the next meeting. 7. DELEGATIONS: Council recognized Bettie Jo Goodenough, who stated that during the excavation for the Transit Mall, an old drainage system on Donaldson Street had been uncovered. She stated she went to the old Council Meeting Minutes to do research on this. She stated that she found notations and marks on the old Council Minutes pages; and she stated that this bothered her, in that these are the only records of the City's history, and that the Minutes were old and fragile. She suggested that Council secure these original records, and that copies be made on film for the public to use. Mayor Hurley expressed the thanks of the Council for her remarks, and stated that this would be taken under consideration. Mayor Hurley then recognized Clinton Harris, a local citizen, who suggested extending the length of the left-turn light on Hay Street at Ray Avenue, for the benefit of the traveling public. Mr. Harris also expressed concern about the noise problem for the senior citizens apartments on Adams Court. Mayor Hurley thanked Mr. Harris for his comments. 8. CITY MANAGER'S REPORTS: A. Request for retirement of badge and weapon by Sergeant Roger T. Holman, Police Department. The City Manager recommended approval of this request. Mr. Wofford offered motion for approval of the foregoing as recommended by the City Manager, seconded by Reverend Johnson and carried unanimously. B. REPORT ON ANNEXATION PLANS: The City Manager presented this report, and reviewed for Council's information where the Council is at this point. He displayed a detailed map on the areas proposed for annexation in the future. He stated to Council that he would bring a resolution of intent on areas proposed for annexation this year. There was then a very lengthy discussion of the City Manager's report; and, following this discussion, Council extended thanks to the City Manager for this information. C. On an additional matter, the City Manager stated he had received a request from the Transit Mall contractor, Cumberland Paving Company, for permission to lease a portion of the Municipal Market Complex for storage space. The space desired is the former railroad depot portion of the building. The City Manager stated that he had a lease drawn, and Council had received copies. Following brief discussion, Mr. Dawkins offered motion for approval of the lease as requested and recommended; seconded by Mrs. Evans and carried unanimously. On another matter, the City Manager suggested that Council set an information meeting to discuss several upcoming items. The information meeting was tentatively set for Tuesday, March 27th, at 7:00 p.m., in the City Hall Council Chamber. 9. MATTERS OF INTEREST TO THE COUNCIL: Mr. Wofford reminded City Council of the Liaison Committee Meeting. Mr. Wofford mentioned the Municipal Market sign, and strongly recommended to get the old portable sign down. Mr. McBryde suggested extending the length of time of the left-turn signal off Hay Street at Ray Avenue. Reverend Johnson extended thanks for the expressions of sympathy at the death of his brother last week. Reverend Johnson also mentioned the County Governmental Association Meeting this week, on March 21st. Mr. Jones stated that, concerning his dissenting vote on the pedestrian linkages, his concern was with the loss of parking spaces; but that he was definitely in favor of the Revitalization Program. Reverend Johnson suggested naming, rather than numbering, the City parking lots. Mayor Hurley reminded Council of the High Point Meeting on Wednesday, at 8:00 a.m. - this would be a day-long meeting - and the Cumberland County Governmental Association Meeting on Wednesday evening at 7:00 p.m., at the Sandpiper Restaurant. He encouraged all members to be present. Mayor Hurley also reminded Council of the North Carolina League of Municipalities Regional Meeting next Thursday, March 29th, at 6:00 p.m., at the Holiday Inn on Interstate 95; and encouraged all members to be present, since Fayetteville is serving as the host for the meeting. Thereafter, all matters of business having been concluded, this regular session was adjourned at 8:45 p.m., upon motion made and duly seconded. SPECIAL MEETING TUESDAY, MARCH 27, 1984 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBERS TUESDAY, MARCH 27, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Aaron Johnson, J. L. Dawkins, Mildred Evans, Jimmie Jones 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 Councilmember Johnson offered the invocation. Council first heard information reports on the following items: 1. Report by Calvin Leggett of the North Carolina DePartment of Transportation on proposed revisions to the City's Thoroughfare plan. 2. Comparison of proposals for audit services for fiscal year ending June 30, 1984 by City Manager John Smith. Comparisons included qualifications and fee. Council expressed concern that the fee was understood as a “not to exceed" amount and that additions to the scope of the contract would be charged at the rate quoted. Councilmember Evans abstained from comment. 3. Report on proposed route revisions for the Fayetteville Area System of Transit by Jerome Brown, Transit Director. Council expressed concern over the changes proposed on Route 8 and Route 12. City Manager Smith stated that the public hearing would be set for May 7, 1984, if there were no objections from Council. None were voiced. 4. Discussion of planning grant for the Cool Spring Restoration Project. Upon motion by Councilmenber McBryde, seconded by Councilmember Wofford, and carried unanimously, the council convened in special session at 9:05 p.m. City Attorney Cogswell presented a resolution authorizing the exchange of property with Cumberland County associated with the new Central Library. Councilmember Evans emphasized the fact that the value of the property given by the City in this exchange was approximately $50,000 more than the value of the property given by the County. Upon motion by Councilmember McBryde, seconded by Councilmember Johnson, City Council voted unanimously to adopt the resolution as presented by the City Attorney with corrections. A RESOLUTION AUTHORIZING EXCHANGE OF PROPERTY WITH CUMBERLAND COUNTY. RESOLUTION NUMBER R1984-26. There being no further business, the meeting was adjourned at 9:20 p.m. CITY HALL COUNCIL CHAMBER MONDAY, APRIL 2, 1984 CITY HALL COUNCIL CHAMBER MONDAY, APRIL 2, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones 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 Reverend Drexel Brunson, Pastor of Calvary Assembly Church of God, offered the invocation. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then recognized Fayetteville Youth Council representatives present in the audience. Presentation of weapon and badge to Captain J. H. Hart upon his retirement from the Fayetteville Police Department. Mayor Hurley recognized Captain Hart, and offered comments on his long service to the City and to the Police Department. Captain Hart then commented on his thirty-five years, five months and some-odd days of service to the Police Department, and stated that he had tried his best. He stated that, with all of his credit due, it amounted to thirty-six years of service. He stated that he started under the Alderman form of government; and informed Council that they had a good Police Department, and requested that they keep it that way. Mayor Hurley also recognized Mrs. Hart in the audience. Mayor Hurley stated that the City Attorney had requested an executive session to consider litigation and land transaction matters at the end of this meeting. Mayor Hurley then called on City Manager Smith for remarks concerning the activities during the past weekend in giving assistance to the town of Red Springs. The City Manager in turn called on Mr. Clark Dill of the Sanitation Department, who gave a detailed report on the Department's activities in Red Springs and the storm area. He stated that they had asked for trucks, chain saws, and other equipment. He stated that they went down on Saturday with personnel and equipment, and removed considerable debris. He stated that there has much destruction. He stated that they returned on Sunday, and continued their operation. Mr. Dill stated that he was proud of the City personnel during this operation. He stated that they also returned briefly again today to the Red Springs area. Mayor Hurley extended thanks from the Council to Mr. Dill and the personnel involved. Mayor Hurley stated that he would, with Council's permission, change the agenda tonight to consider the consent items first, then consider Item 7, due to the number of persons present interested in this matter; then consider an item not on the agenda, the Skye Drive traffic problem. 1. CONSENT: The City Manager stated that Item 1-K on the agenda should read, “consider the paving pursuant to petition", since a petition had just been received on the paving of Walter Reed Road. C. The City Attorney stated that, on Item 1-C, a typographical error had been discovered in the resolution of exchange of property with the County; and that this should be corrected in the minutes. In the third paragraph, next to the last line, it should read “Tract 2", and not “Tract 4". Mr. Dawkins then offered motion, seconded by Mr. Wofford and carried unanimously, to approve all consent items except “C" and “K". A. Approval of the minutes of the regular meeting of March 12, 1984. D. Approval of a request for a refund of City taxes to Ethel B. Harvey Heirs in the amount of $165.91. E. Approval of a request for a refund of City taxes to Joseph L. Brocaille and wife in the amount of $20.58. F. Approval of a request for a refund of City taxes to Dr. Kent A. Van Belois in the amount of $54.18. G. Approval of a request for a refund of City taxes to Dr. Clarence S. Olive in the amount of $90.00. H. Conditional approval of Briarcliff Condominiums in an R5A residential district for a preliminary and final group development review for an area located east of Blanton Road, northwest of Swann Street. I. Set Public Hearing for April 16, 1984, to consider changes in the Thoroughfare Plan. J. Set Public Hearing for May 21, 1984, to consider the paving, pursuant to petition, of Sandhurst Drive from existing pavement to Walter Reed Road. PRELIMINARY RESOLUTION REQUIRING THE PAVING PURSUANT TO PETITION OF SANDHURST DRIVE. RESOLUTION NO. R1984-27 L. Authorize advertisement of proposed lease with Lambda Associates for office space located in the air cargo area. M. Reset Public Hearing for May 7, 1984, for consideration of transit route revisions. C. Approval of the minutes of the special information meeting of March 27, 1984. Mrs. Evans offered motion to amend the resolution to read “Tract 2" instead of “Tract 4", as requested by the City Attorney; seconded by Mr. Jones and carried unanimously. Mr. Dawkins then offered motion for approval of the minutes of the special information meeting of March 27, 1984, seconded by Mr. Jones and carried unanimously. K. Set Public Hearing for May 21, 1984, to consider the paving, pursuant to petition, of Walter Reed Road from existing pavement to dead end. Mr. McBryde offered motion for approval of the foregoing, seconded by Mrs. Evans and carried unanimously by the adoption of the following resolution. PRELIMINARY RESOLUTION REQUIRING THE PAVING, PURSUANT TO PETITION, OF WALTER REED (FORMERLY MALDEN) ROAD. RESOLUTION NO. R1984-28. 7. Consideration of request from residents of Woodclift Subdivision to prohibit parking with “tow-away” provision to be established on a portion of Ashboro Street. The City Engineer presented this matter, and stated that Ashboro Street was constructed some years ago, with a stub-out street immediately east of Buena Vista Drive. The stub-out is for future extension of the street; and, until development of the land to the northeast of the intersection, there is no public need for the Ashboro Street stubout. We recommend adoption of the ordinance that will prohibit parking with a “tow-away" provision, in accordance with the request on the four-page petition submitted by the residents of the area. The petition stated that, during daylight hours in the spring, summer and fall, it has become a public nuisance and harassment to the residents of the area, due to the large number of people parking thereto walk down to the gravel pit below. Undue noise, undesirable characters, and immense litter have resulted, as well as vandalism, fighting, and other disturbances. The City Engineer displayed slides of the street and the area for Council's information. Some discussion followed, and Mr. Wofford asked if a barricade would be better. The City Engineer replied in the affirmative, and stated that not only a barricade is needed, but passage of an ordinance as well, prohibiting parking. Council then recognized Mr. Wade Murphy, Lot 43. He stated that the action proposed would block his lot. He requested that no action be taken adjacent to his lot. Council also recognized Mr. Arnold Pope, 738 Ashboro Street, who stated that problems existed at this location, with fights, vandalism and break-ins. He stated that his son had found it necessary to move himself and his family out, due to the problems. He stated that the residents need the help of the City Council, and requested passage of the ordinance. Lorraine Smith Love, 803 Ashboro Street, was also recognized, and stated that she has had to call the police for BB-gun shooting. Mr. Frank Porter, owner of the undeveloped land, stated that he had no objection to blocking it off to keep the people out. Michael Murphy, 728 Buena Vista Drive, stated that he swims regularly in the lake, along with friends. He stated that if the ordinance is passed, it will cause hardship, because his parents' property is adjacent to this property. Council also recognized Mr. W. S. Law, who stated that he owns property at the end of the street, and that it is posted. He stated that the problem is with outsiders coming in. Further discussion followed, and Mr. Jones suggested the re-drawing of the present line, the establishment of a new line proposed for prohibited parking, and use of cross ties and a cyclone fence for a barricade. Following some further discussion, Mrs. Evans offered motion for adoption of the ordinance as presented, to include the barricade; seconded by Mr. McBryde and carried by a vote of seven to nothing, Mr. Jones choosing not to vote. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER II - PARKING PROHIBITED, ASHBORO STREET. ORDINANCE NUMBER NS1984-12. Mayor Hurley then stated that they would hear the Skye Drive traffic problem at this time. Mayor Hurley reviewed the problem with the City Engineer, and stated that Mr. Jim Kizer had presented a letter about a year ago, requesting some action on this problem. The City Engineer stated that there had been a number of accidents in past years along this portion of Skye Drive. He said the Department of Transportation is planning to widen Morganton Road at Skye Drive. He stated that there was a high vehicular use range of twelve thousand vehicles per day on this section of street. He stated that there was also a problem with the sharp turn on Skye Drive at F.T.I. He stated that there are solutions, but suggested presenting them at a later time. There was than a very lengthy discussion of this subject. Mr. Jim Kizer requested direct route between Morganton Road and Fort Bragg Road. He cited heavy traffic conditions and the high accident rate. He stated that this section of street also bore a high pedestrian rate from F.T.I. He offered the following recommendations: (1) That the City work with the State on the problem: (2) That the City close the street to through traffic; and (3) That the City work on a new route through this area. There was then some discussion of Mr. Kizer's suggestions, with Mr. Dawkins suggesting that any ideas be funneled through Mr. Kizer. Mayor Hurley then extended thanks to Mr. Kizer and to the group, and stated that action will be taken as quickly as possible on this problem. 2. PUBLIC HEARINGS: A. Consideration of amendment to the Downtown Redevelopment Loan Agreement. The City Attorney presented this matter, and stated that new extension agreements had been submitted for the Downtown Commercial Loan Program for each of the eight participating banks. He stated that the aggregate committed by the banks has increased from $3.7 million to $5.7 million dollars, due to a significant increase in the amount committed by NCNB. He stated that the recommendation was for approval of the amendment. Mr. John Monaghan, Jr., Vice-President of Fayetteville Progress, was recognized in favor. There was no opposition present. Mrs. Evans then offered motion, seconded by Mr. Wofford and carried unanimously, for approval of the amendment as recommended. B. Consideration of annexation of a 10.6-acre tract of land located north of Drexel Subdivision. Planner Al Mitchell was recognized, and stated that the Annexation Technical Review Committee recommended approval. There were neither proponents nor opponents present. Mr. McBryde then offered motion, seconded by Mrs. Evans, for adoption of the annexation ordinance. The motion carried unanimously. AN ORDINANCE EXTENDING THE CITY LIMITS OF FAYETTEVILLE TO INCLUDE TRACT NORTH OF DREXEL SUBDIVISION. ORDINANCE NO. 84-4-267. C. Consideration of annexation of a 7.3-acre tract of land located on the west side of Ramsey Street, south of Coronation Drive. Planner Al Mitchell presented this matter, and stated that the Annexation Technical Review Committee recommended approval. There were neither proponents nor opponents present. Mr. McBryde then offered motion for adoption of the annexation ordinance, seconded by Reverend Johnson, and carried unanimously. AN ORDINANCE EXTENDING THE CITY LIMITS OF FAYETTEVILLE TO INCLUDE AN AREA ON THE WEST SIDE OF RAMSEY STREET. ORDINANCE NO. 84-4-268. 3. PUBLIC WORKS COMMISSION MATTERS: A. Consideration of a resolution authorizing condemnation to acquire certain property of Robert W. Lambert, single; Cyrus J. Faircloth, Trustee; and Guaranty Savings and Loan Association. The City Manager informed Council that Mr. Tim Wood, Assistant Manager of Public Works Commission, was present tonight; and stated that this matter had been settled, and that no action was necessary. 4. Consideration of authorization of $2,000.00 from City Council contingency for the Cool Spring Restoration Project. The City Manager reminded Council that this matter had been considered at the last information meeting, and was recommended for approval. Mr. Dawkins offered motion for approval of the foregoing as recommended, seconded by Mr. Wofford and carried unanimously. 5. Consideration of request from Region “M" Council of Governments regarding City of Fayetteville's position with regard to funding of Region “M" for Fiscal Year 1984-85. The City Manager presented this matter; and stated that Mr. Sheats' memo stated that, for the past ten years, the Region “M" Council of Governments has been totally supported by Chamberland, Harnett and Sampson Counties, with no municipal support as far as local dollars are concerned. He stated that an effort should be made to broaden the financial support mechanism from the counties to the other twenty-one member governments, the municipalities of Region “M". The City Manager stated that he does not recommend City participation until additional information is secured regarding benefits for the City. During discussion that followed, Mr. Dawkins stated that he was categorically against any funding. Mrs. Evans agreed with Mr. Dawkins. Following some further discussion, Mr. McBryde offered motion for the adoption of Number 4, which was, “The City of Fayetteville sees no need for any local government in the Region to provide financial support for the Region `M' Council of Governments, and will allocate no local funds in its Fiscal Year 1984-85 budget for the support of Region `M'”; the motion was seconded by Mr. Dawkins. Some discussion then followed. Reverend Johnson then offered substitute motion to give the City Manager the opportunity to continue the study and come back with a recommendation; seconded by Mr. Wofford. Following some further discussion, Reverend Johnson withdrew his motion, and Mr. Wofford his second; and Mayor Hurley stated they would then consider the motion on the floor. Mayor Hurley then called for a vote on the motion to adopt Number 4, as stated by Mr. McBryde; and the motion carried, Mr. Jones voting “no". 6. Consideration of a resolution reaffirming policy on Equal Employment Opportunity for the City of Fayetteville. The City Manager presented this matter, and stated that the resolution is incorporated into the City's Affirmative Action Plan. “For your information, I have summarized the percentages of white, black and other minorities; and of males and females in each of the eight job categories. These figures show where we were in 1978, where we were in 1983, and what the goals are for 1988. The goals are done for each department annually, based upon expected vacancies and additions. The numerical goals are only part of the plan, which also spells out what actions the City is taking, and plans to take. As soon as the updated plan is ready, it will be submitted to you," he concluded. “Adoption of the resolution is recommended," he stated. Mr. Dawkins then offered motion for adoption of the resolution as recommended, seconded by Mr. McBryde and carried unanimously. RESOLUTION REAFFIRMING POLICY ON EQUAL EMPLOYMENT OPPORTUNITY FOR THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1984-29. 7. This matter had already been considered earlier. 8. Consideration of a resolution authorizing condemnation of right-of-way for Parcel E-1 on Stanberry Court. The City Engineer presented this matter, and stated that the absentee owner of the parcel had failed to respond to our calls and letters concerning acquisition of the needed right-of-way as shown on the attached maps. The lot is vacant, and neither of these streets are improved at this time. PWC needed to proceed with utilities along Stanberry Court, to serve other residents along this street. We recommend adoption of the resolution, so that the right-of-way can be acquired, and the project allowed to proceed. Following brief discussion, Mr. Wofford offered motion for adoption of the resolution as recommended, seconded by Mr. McBryde and carried unanimously. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE PARCEL E-1, STANBERRY COURT. RESOLUTION NO. R1984-30. 9. Consideration of ordinance amendments transferring Taxi and Wrecker Inspector responsibility to the Inspections Department. (Amendments to Chapters 20 and 28) (First reading). The recommended action was adoption of the amendments on first reading. Assistant City Manager Stancil presented this matter, and stated that he had met with representatives of both the Police and Inspections Departments, to discuss the proposed transfer of Taxi and Wrecker Inspector responsibilities from the Police Department to the Inspections Department. We believe this responsibility is most appropriately located in the Inspections Department, because the job functions are most similar to those other duties already performed by that Department. The proposed transfer would also relieve Police Department personnel of the many administrative tasks involved with this responsibility, and provide more time for law enforcement activities. The Police Department would continue to perform background investigations of applicants, and enforce the ordinance. The ordinance amendments would allow us to administratively transfer these responsibilities. The changes are twofold: (1) The Taxi and Wrecker Inspectors would be appointed by the City Manager, rather than the Chief of Police. (2) All references to the Chief of Police as responsible for the Taxi Inspector functions are substituted with reference to the Taxi Inspector. (3) In essence, the amendments allow the City Manager to appoint the Inspector, and place him or her organizationally wherever it is most efficient and effective. Mr. Wofford raised the question on the combining of the City and County Inspections Departments, and what effect this would have. Mr. Stancil stated that his had been considered, and that it would have no adverse effect. Mr. McBryde then offered motion for adoption of the amendments on first reading; seconded by Reverend Johnson and carried, Mr. Jones voting “no". In connection with the foregoing action, there was then a brief discussion of the dress of taxicab drivers at the Airport. Mayor Hurley stated that he had observed this condition, and that sometimes the appearance was not favorable. The City Attorney replied to this question. There was also a brief discussion of the possibility of City-operated taxicabs under the FAST Department. 10. Consideration of an ordinance repealing Section 2.2 of the Fayetteville City Code (Annexation Technical Review Committee). The City Manager presented this matter, and stated that, in keeping with the new annexation law, I am recommending the repeal of Section 2.2 of the City Code, which spells out the procedure for reviewing annexations. The procedure is spelled out in much greater detail in the General Statute. The members of the Annexation Technical Review Committee concur in this recommendation. Following brief discussion, Mr. Wofford offered motion for adoption of the ordinance as recommended, seconded by Reverend Johnson and carried unanimously. AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, OF THE FAYETTEVILLE CITY CODE OF ORDINANCES, REPEALING SECTION 2.2 IN ITS ENTIRETY. ORDINANCE NO. S1984-10. 11. Consideration of amendment to the City's Minority Business Enterprise Plan. Assistant City Manager Stancil presented this matter, and stated in his memo that some time ago, Council adopted a Minority Business Enterprise (MBE) Plan, which we have been following for all projects funded by FAA and the UMTA. We believe the plan is a good one that has allowed us to achieve good results. For example, 30 percent of the design contract and 15.8 percent of the construction contract for the Transit Mall were awarded to MBE's; 12-15 percent of the contract for the renovation of the Grove Street Maintenance Facility will be performed by an MBE; for the first six months of 1983-84, 5.8 percent of our transit operating budget contract opportunities went to MBE's, with an additional 1.1 percent to WBE's. We have been informed recently, however, that we must make some revisions to our plan, in order to remain qualified for FAA and UMTA grants. Those revisions are contained in the proposed resolution, he concluded. (A complete copy of Mr. Stancil's recommendation is attached to the original of these minutes.) Following brief discussion, Mrs. Evans offered motion, seconded by Mr. Dawkins, for approval and adoption of the resolution of amendment as recommended by Mr. Stancil; motion carried unanimously. RESOLUTION DBE POLICY STATEMENT. RESOLUTION NO. R1984-31. 12. APPOINTMENTS A. Nominations to fill one vacancy on the Human Services Commission. There were no nominations made, and Mayor Hurley stated that this matter would be reconsidered at the next meeting. 13. DELEGATIONS: Council recognized Mr. Ken Robinson, archaeologist working on the Cool Spring site and the Transit Mall site. Mr. Robinson stated that he had just returned from Raleigh, and that the Museum of History is preparing an exhibit, and the City is included for the Transit Mall. He stated that it is a very prestigious opportunity for the City to be included in this activity. He extended thanks to City Manager John Smith and Assistant City Manager Roger Stancil, and to City Engineer Bob Bennett and his staff members, for their assistance in obtaining artifacts along Hay Street. In response to question, he stated that they are saving an old section of the old trolley tracks from Hay Street. In response to question from Mr. Jones, Mr. Robinson offered comments on the old water systems of Durham and Fayetteville. Mayor Hurley thanked Mr. Robinson for his comments. 14. CITY MANAGER'S REPORTS: A. Report on statement of taxes from Chamberland County Tax Collector. The City Manager stated that the February tax statement had been received from the Tax Collector, and presented it tonight for inclusion in the minutes of this meeting. B. Report on sign for the Municipal Market. The City Manager stated that they are in the process of getting approval on a final sign. He said the City can install a new temporary sign, and that the old sign is owned and leased by the Municipal Market. He stated that Assistant City Manager for Economic and Community Development Suzan Cheek is working with the Municipal Market on a daily basis. 15. MATTERS OF INTEREST TO THE COUNCIL: Mrs. Evans informed Council that the Policy Committee is meeting tomorrow night in the Kyle House Conference Room. Mayor Hurley extended thanks to the police officer in attendance at the meeting this evening. Mayor Hurley stated that he would then entertain a motion to convene into executive session; and Mr. Wofford offered motion, seconded by Mr. Dawkins and carried unanimously, that Council enter into executive session to consider litigation and land transaction matters, at 8:50 p.m. Council reconvened into regular session at 9:15 p.m. The City Attorney recommended that the City purchase from Blanche B. Barbour and Betsy Ann Davis, the property located at 222 and 226 Hay Street, for the sum of $39,200.00. Mr. McBryde requested and received permission to abstain from voting on this matter. Mrs. Evans then offered motion, seconded by Reverend Johnson, to approve the foregoing purchase as recommended; motion carried, Mr. McBryde abstaining to vote. The City Attorney stated that, in the lawsuit filed in Federal District Court, Number 84-33-CIV-3, James H. Parker v. Various Individuals, including the City, recommend that Council authorize the City Attorney to represent William P. Dalton, Samuel Sessoms, William C. Johnson, Daniel K. Dixon, Sr., and John P. Smith, subject to receipt of a written request for representation. (Preparation of this request is pending.) Mr. McBryde then offered motion, seconded by Reverend Johnson, to grant the request; motion carried unanimously. Thereafter, all matters of business having been completed, this regular session was adjourned at 9:20 p.m., upon motion made and duly seconded. REGULAR MEETING MONDAY, APRIL 16, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, APRIL 16, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson and Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Absent: Councilmember Mildred Evans Mayor Hurley called the meeting to order, and the invocation was offered by Councilman J. L. Dawkins. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then recognized representatives of the Fayetteville Youth Council present in the audience. Mayor Hurley stated that Councilmember Evans was excused from the meeting this evening, due to a religious holiday. Mr. Dawkins requested and received permission to abstain from voting on Consent Item 1-I. Planner Al Mitchell stated that, on Consent Item 1-I, a correction should be made in paragraph three, so that the wording is changed from “does not" allow for construction, to “does" allow for construction. 1. CONSENT: Mr. Wofford then offered motion, seconded by Mr. Dawkins and carried unanimously, to approve all consent items except Item I. The consent items appear below: A. Approval of the minutes of the regular meeting of April 2, 1984. B. Set public hearing for May 7, 1984, to consider annexation of a 3.91-acre tract of land on the west side of Gillespie Street. C. Set public hearing for May 21, 1984, to consider annexation of a 2.13-acre tract of land on the south side of Seminole Street. D. Set public hearing for May 21, 1984, to consider the paving, without petition, of Clark Road, from Bragg Boulevard to Chandler Street. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF CLARK ROAD. RESOLUTION NO. R1984-32. E. Set public hearing for May 21, 1984, to consider the paving, without petition, of Moore/Bruner Street, from Hillsboro Street westerly to Murchison Road. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF MOORE STREET/BRUNER STREET. RESOLUTION NO. R1984-33. F. Approval of the rezoning from R-10 residential to R-6 residential, or to a more restrictive zoning classification, for an area located on the east side of Cain Road, north of Rogers Drive. G. Approval of the rezoning from R-6 residential to R-5A residential, or to a more restrictive zoning classification, for an area located on the north side of Highway 24 (Bragg Boulevard), between Winston Avenue and Pilot Avenue. H. Approval of the rezoning from R-5 residential to C-3 heavy commercial, or to a more restrictive zoning classification, for an area located at 723 West Rowan Street. J. Conditional approval of the Hawley property in an R-6 residential district for a preliminary and final group development and subdivision review, for an area located on the northwest side of Southern Avenue, north of Delcross. K. Conditional approval of the Rebecca Thompson Subdivision in an R-5A residential district for a preliminary and final subdivision review, for an area located on the northwest side of Karen Lake Drive, north of U.S. 401 Bypass (Country Club Drive). L. Award of contract for purchase of electrical conductor (100,000 feet #2 Triplex Service Cable) to Mill-Power Company (the low bidder) for their bid of $30,640.00. M. Award of contract for purchase of electrical conductor (150,000 feet 1/0, 25 KV, 260 MIL URD Cable) to Eastern Electric Supply Company (the low bidder), for their low bid of $162,300.00. I. Conditional approval of Gibson Enterprises in a C1P shopping center district for a preliminary and final site plan review, for an area located at 1901 Skibo Road. Mr. Wofford offered motion for approval of the foregoing, seconded by Reverend Johnson and carried, Mr. Dawkins abstaining to vote. 2. PUBLIC HEARINGS: A. Consideration of a resolution requiring the paving, without petition, of existing pavement at Blount's Creek Bridge to Grove Street. The recommended action was adoption of the resolution. The City Engineer presented this matter, and stated that the remainder of Hawley Lane was paved years ago, and we certainly concur that the remaining portion should be paved. He stated that all property owners had been notified of this public hearing. There were neither proponents nor opponents present. Mr. Jones offered motion for approval of the paving by the adoption of the resolution, seconded by Mr. Dawkins and carried unanimously. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF HAWLEY LANE. RESOLUTION NO. R1984-34. B. Consideration of a resolution requiring the paving, without petition, of Tolar Street-Barnes Street-Barrett Street, from Southern Avenue to Winslow Street. Recommended action was adoption of the resolution. Council recognized attorney D. P. Russ, appearing for several residents who are in favor of the paving. There was no opposition present. Mr. Wofford offered a motion, seconded by Mr. McBride, for approval of the paving by the adoption of the resolution. Motion carried unanimously. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF TOLAR STREET-BARNES STREET-BARRETT STREET. RESOLUTION NO. R1984-35. C. Consideration of a resolution requiring the paving, without petition, of Orange Street, from Moore Street to Chance Street. Recommended action was adoption of the resolution. The City Engineer presented this matter, and stated that the street was in poor condition, and needed paving. He stated that two property owners had appeared at the March 19, 1984 meeting and requested the paving. He stated that all property owners had received notice of this public hearing. Mr. Ralph Blue, of 541 Orange Street, was recognized in favor of the paving. There was no opposition present. Mr. McBryde offered motion for approval of the paving by the adoption of the resolution, seconded by Reverend Johnson and carried unanimously. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF ORANGE STREET. RESOLUTION NO. R1984-36. In response to inquiry regarding the paving of the foregoing streets, the City Engineer stated that funding would be set up in July to cover the cost; and that the paving would be started within three to four months. He stated that small amounts of right-of-way would be needed. D. Consideration of changes in the Thoroughfare Plan. The City Engineer presented this matter, and stated that the revisions had been presented at an earlier meeting. He stated that this was the public hearing to hear input from the public concerning these revisions. The City Manager stated that the Skye Drive matter would be presented at an information meeting next Tuesday evening. The City Engineer gave a briefing on each proposed change. (A copy of the proposal is on file with the original of these minutes.) Mr. Calvin Leggett, of the N.C.D.O.T., was present, and gave an overview for the Council and for the audience. Following this, Mayor Hurley extended thanks to Mr. Leggett for the presentation. There were no proponents present. Council recognized Mr. Dohn Broadwell, of 110 Lamb Street, a developer, who asked questions about the proposed changes. He stated that he needed more information on certain locations. Mayor Hurley informed Mr. Broadwell that these revisions were not imminent, and that he could address his questions to the City Engineer or to D.O.T. at any time. A Mrs. Sylvia Gibson Parnell, of Pinehaven Drive, was also recognized with questions and objections to the proposed use of Pinehaven Drive. It was determined that this location was not within the corporate limits of the City, and Mrs. Parnell was referred to the D.O.T. for answers to her questions. A Captain Paul Thorson, representing residents of Drexel Subdivision, off Rosehill Road, who had questions concerning this location, was recognized. The City Engineer informed Captain Thorson that the changes would not affect any existing residences. Mr. David Parnell, of Chamberland Road, a property owner, was recognized with questions. The City Manager advised Council that he recommended holding any final action on this matter until a later time. Mr. Leggett offered comments on the left-hand turn from Morganton Road onto Skye Drive, and the City Engineer stated that this matter had been placed on hold temporarily by D.O.T. Council also recognized a Mrs. Suzanne Pennink, of Cain Road, with questions on the Cain Road future. Mr. Jim Kizer, of 2718 Skye Drive, was also recognized with comments on the Skye Drive problem; and stated that he knew that the City Council had very few options on this question. Mayor Hurley then closed discussion on this matter, and stated that Council would take no action at this time. 3. PLANNING BOARD MATTERS: A. Consideration of the rezoning from R-6 residential district and R-10 residential district to P-2 professional district, or to a more restrictive zoning classification, for an area located on the southeast corner of the intersection of Rosehill Road and Country Club Drive. Planner Al Mitchell stated that the Planning Board recommends approval. Following brief discussion, Mr. Dawkins offered motion for approval of the foregoing as recommended, seconded by Reverend Johnson and carried unanimously. 4. Consideration of setting public hearing for consideration of U.D.A.G. applications. The recommendation was to set public hearings on April 24 and April 26, 1984. The City Manager presented this matter, and stated that a shopping center developer was interested in developing the area at the southeastern corner of Northeastern Boulevard and Grove Street for this purpose; and stated that the development is within the City's “pocket of poverty". The developer desires the City to submit a U.D.A.G. for the project. The deadline for application is April 30, 1984. Two public hearings are required for the application. The meeting on April 26, 1984 is also needed for the Council's final approval of the U.D.A.G. application for the Prince Charles Hotel. Council recognized the developer, Mr. H. David Swain, from Mt. Airy, who provided additional information about the shopping center, stating that the uses would be for a grocery store, department store, drug store, and local businesses. He stated that they needed the help of the City with the U.D.A.G. grant, as well as for a consideration for utilities. There was then considerable discussion of this matter. Following this discussion, Mr. Wofford offered motion to set the public hearings as recommended, seconded by Reverend Johnson. Mayor Hurley called for a vote on the matter, and it was as follows: for the motion, Councilmembers Wofford, Johnson and Hurley; against the motion, Councilmembers McBryde, Jones and Dawkins. Mayor Hurley declared a tied vote, and the motion lost. Mayor Hurley stated that he would then move Item 7 up to this time, due to the number of persons present in the audience who were interested in this issue. 7. Consideration of adoption of ordinance placing a moratorium on permanent signs in the C-2 Central Business District area. Recommended action was that the Blue Ribbon Sign Commission recommends adoption of the ordinance. Mayor Hurley stated that the Sign Committee is studying this matter, and recognized committee member Swayn Hamlet. Mr. McBryde requested and received permission to abstain from voting on this matter. Mr. Hamlet offered comments concerning the proposed sign ordinance, and recognized members of the Sign Committee. Mr. Hamlet stated that the effect of the ordinance would be the prohibition of new permanent signs in the area until January 1, 1985, or with the adoption of new regulations by the Council, whichever comes first. Mr. Hamlet stated that the Sign Committee recommends adoption of the ordinance. There was then some discussion of the matter. Mr. Jones then offered motion for adoption of the ordinance as recommended, seconded by Mr. Wofford. Council then recognized a Mr. Stone, a sign company owner in the City, in opposition. Mayor Hurley then called for a vote on the motion, and the motion was carried, Mr. McBryde abstaining to vote. ORDINANCE AMENDING CHAPTER 3, “ADVERTISING", CENTRAL BUSINESS DISTRICT SIGNS (C-2 CENTRAL BUSINESS DISTRICT ZONE). ORDINANCE S1984-14. 5. Mayor Hurley then returned to Item 5 on the agenda, which was consideration of ordinance amendments transferring taxi and wrecker inspector responsibility to the Inspections Department (amendments to Chapters 20 and 28) (Second Reading). The recommended action was adoption of the amendments on Second Reading. Mr. McBryde offered motion, seconded by Reverend Johnson, to adopt both of the amending ordinances as presented, on second reading. Mayor Hurley then called for a vote on the motion, and the motion carried, Mr. Jones voting “no". AN ORDINANCE AMENDING CHAPTER 20, “MOTOR VEHICLES AND TRAFFIC", OF THE FAYETTEVILLE CITY CODE OF ORDINANCES, WRECKER AND TOW SERVICE. ORDINANCE NO. S1984-11. AN ORDINANCE AMENDING CHAPTER 28, “TAXICABS", OF THE FAYETTEVILLE CITY CODE OF ORDINANCES. ORDINANCE NO. S1984-12. 6. Consideration of amendment to Chapter 9-8(c)(Administrative Building Code) regarding hearings on stop orders. Recommended action was adoption of the amendment. The City Attorney presented this matter, and stated that this is due to one of the provisions of Chapter 377 of the 1983 Session Laws, effective October 1st, amended G.S. 160A-421, relating to stop orders issued by local inspectors for violations discovered during construction. As these sections existed prior to this act, all appeals to stop orders were to be taken to the State Commissioner of Insurance. Now, only appeals from stop orders involving alleged violations of the State Building Code are to be taken to the Commissioner. Therefore, an appeal from a stop order for violation of a local ordinance must be taken to a local official. He recommended that Council adopt the ordinance. Reverend Johnson then offered motion to adopt the ordinance, seconded by Mr. Wofford and carried unanimously. AN ORDINANCE AMENDING CHAPTER 9, “ADMINISTRATIVE BUILDING CODE" OF THE FAYETTEVILLE CITY CODE - STOP ORDERS. ORDINANCE NO. S1984-13. Item 7 had been considered earlier. 8. Consideration of revisions to traffic schedules: The City Engineer presented this matter, and stated that several intersections needed to be changed from “yield right-of-way" to “stop", due to conditions such as sight distances, street grades, and traffic volumes. He stated that, on the west side of Green Street in the Wachovia Building, there is presently no parking permitted. There is a need for a loading zone to serve the Wachovia Building, and this area has been used for some time on a short-term basis for loading/unloading purposes. A need has also been cited for pickup and delivery of money to the bank. Also, with the elimination of through traffic on the first three blocks of Hay Street, Old Street is pressed into greater use as a traffic carrier. We suggest that two lanes are needed for Old Street traffic to exit onto Green Street, rather than the present one-lane operation. To provide for two-lane width for a short distance along Old Street, two parking places need to be eliminated near the corner on the south side of Old Street. Following brief discussion, Mr. McBryde offered motion for the adoption of amending ordinances “A", “B", “C", “D" and “E" as recommended by the City Engineer, seconded by Reverend Johnson and carried unanimously. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE 6 - STOP INTERSECTIONS, VARIOUS STREETS. ORDINANCE NO. NS1984-13. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE 10 - LOADING/UNLOADING ZONES, GREEN STREET. ORDINANCE NO. NS1984-14. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE 11 - PARKING PROHIBITED, GREEN STREET AND OLD STREET. ORDINANCE NO. NS1984-15. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-89 OF THE CITY CODE, TRAFFIC SCHEDULE 13 - PARKING ZONES, OLD STREET. ORDINANCE NO. NS1984-16. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE 14 - YIELD RIGHT-OF-WAY, VARIOUS STREETS. ORDINANCE NO. NS1984-17. 9. Consideration of contract for services for design of canopy at the Senior Citizens Service Center. Recommended action was to authorize the City Manager to execute the contract with Mr. Mason Hicks, architect. The City Manager presented this matter, and stated that the Parks and Recreation Department has determined that it would be appropriate to contract with Mr. Hicks for the Senior Citizens Service Center canopy design and construction implementation. Mr. Hicks was the architect responsible for the overall site development plan and the design of both building units. The canopy is to connect these two units. There was then some discussion of this matter. Following this discussion, Mr. Wofford offered motion to delay action on this matter, and to let the City Engineer study the issue and return to the Council with a proposal. The motion was seconded by Mr. McBryde, and carried unanimously. 10. Consideration of ordinances requiring the City Building Inspector to correct conditions with respect to, or to demolish and remove, a structure pursuant to the Dwellings and Buildings Minimum Standards Code of the City, at the following locations: A. 118 “C" Street; B. 528 Adams Street; C. 430 Alfred Street. The City Attorney presented this matter, and stated that Council cannot consider Items “A" and “B", because the property owners did not get the notices sent to them. Mr. Jones then offered motion, seconded by Mr. Wofford and carried unanimously, to adopt the ordinance pertaining to Item “C", 430 Alfred Street. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY, FOR PROPERTY LOCATED AT 430 ALFRED STREET AND OWNED BY MR. WASH MELVIN. ORDINANCE NO. NS1984-18. 11. Consideration of ordinance amending Chapter 22, “Personnel", of the City Code, Section 22-35(d). Recommended action was adoption of the ordinance. The City Manager presented this matter, and stated that the Personnel Director recommended, with respect to the recent requirement that police officers (especially those with line responsibilities) attend court during their off-duty hours, that the payment for court time be reviewed. Paying an employee at time and one-half rates seems only fair when that individual is having to give up his or her scheduled off-duty time to appear in court. In the past, this has not been as much of a problem, because efforts were made to schedule employees for court appearances during their scheduled on-duty hours. A recent request from Judge Cherry has changed all this, and I feel that a change in court time payment is warranted. The proposed amendment would do this. Following brief discussion, Mr. McBryde offered motion for adoption of the amendment and ordinance, seconded by Mr. Dawkins and carried unanimously. AN ORDINANCE AMENDING CHAPTER 22, “PERSONNEL", OF THE FAYETTEVILLE CITY CODE OF ORDINANCES, PAYMENT FOR COURT TIME. ORDINANCE NO. S1984-15. Council recognized Police Officer Bryce Sweet, who offered comments in opposition to police officers having to come in to court duty on their days off. 12. Consideration of adoption of Budget Amendments and Capital Projects Ordinances: A. Change 84-8; B. Change 84-9; C. Capital Projects Ordinance 84-5; D. Capital Projects Ordinance Amendment - Change 84-3. The recommended action was adoption of the amendments and ordinances. The City Manager presented this matter, and stated that the Budget Amendments cover a number of items: 1. Appropriation from the year-end fund balance to cover encumbrances carried over at the end of the year; 2. Transfer of $2,000.00 from Contingency to the Cool Spring Restoration Project. 3. Transfer from other appropriations salaries. This is a clearing account that is used each year to budget cost of living pay increases, merit bonuses, reclassifications, and unanticipated overtime expenses. Following brief discussion, Mr. Wofford offered motion for approval and adoption of the foregoing Budget Amendments and Capital Projects Ordinances, seconded by Mr. McBryde and carried unanimously. 13. Consideration of amendment to Parks and Recreation schedule of fees and charges. Recommended action was approval of seasonal tennis passes. In a memo, Mr. Jack Wilson, Director of Parks and Recreation, stated that they would like to expand upon this service by providing seasonal passes for individuals and families who would like to take advantage of the reservation program. A seasonal pass would be much more convenient for the tennis participants, and less expensive overall. This program relates only to the tennis center at Mazarick Memorial Park. Following brief discussion, Mr. Wofford offered motion for approval of the foregoing, seconded by Reverend Johnson and carried unanimously. 14. Consideration of award of contract for Cross Creek Linear Park Site Development Plan. The recommended action was to award the contract to Planning South, Inc. Mr. Jack Wilson also presented this matter, and stated that the Revitalization Commission considered the proposed Cross Creek Linear Park Planning Program, and unanimously endorsed it at its meeting on April 10, 1984. The City Attorney suggested some changes in the contract, and these were satisfactory. Following this, Mr. Wofford offered motion, seconded by Mr. Dawkins, for approval of the foregoing as recommended; and the motion carried unanimously. 15. Consideration of amendment to the Transit Mall Design Contract with Parsons Brinckerhoff Quade and Douglas, Inc. The recommended action was approval of the amendment. The City Manager presented this matter, and stated that U.M.T.A. and N.C.D.O.T. funds ninety percent of the project. He stated he informed Parsons Brinckerhoff Quade and Douglas, Inc. that, without U.M.T.A. approval, he would not consider recommended approval to City Council. He stated that he also told them that if their work continued to be satisfactory on the project, the City would submit the request to U.M.T.A.; and that if U.M.T.A. approved the request, and if there were sufficient funds in the project, he would recommend approval by the City of the City's ten percent. He stated that the project required considerably more design and re-design than anyone anticipated. He stated that he believed the extra work was needed. He stated that he felt that Parsons Brinckerhoff Quade and Douglas, Inc. plays an active role during the construction management phase of the project. Based upon all of the above, he stated that he felt very strongly that the contract amendment should be approved by the City, with our share coming to $14,000.00. Following brief discussion, Mr. Wofford offered motion to approve the contract amendment, seconded by Mr. Jones and carried, Mr. McBryde abstaining to vote. 16. Consideration of award of contract for audit services for fiscal year ending June 30, 1984. The City Manager presented this matter, and stated that details had been presented at an early information meeting. He stated that, during this information meeting, Council had raised two questions regarding the audit proposals: first, whether the priced quoted was firm; and second, whether the hourly rates would apply for any additional work requested by the City. The answer to both questions is yes. He stated that he had enclosed the proposed contracts from Haigh, vonRosenberg, Byrd & Lambert, and from Cherry, Bekaert & Holland. He stated that he would prefer not to change auditors, for the reasons stated previously. However, he stated that he understood the Council's concern over the fee, and had therefore attached both contracts for consideration. I believe either to be acceptable. There was then some discussion of the matter, and Mr. Wofford offered a motion to accept the low bid submitted by Haigh, vonRosenberg, Byrd & Lambert, seconded by Mr. Jones and carried unanimously. At this point, the City Attorney requested a return to Item 14, and inserted an additional sentence to paragraph two in the contract. 17. Consideration of Resolutions of Intent to Annex. The recommended action was adoption of the resolutions. The City Manager introduced this matter, and stated that the Resolutions of Intent in the packets do not include the hearing dates. Each of them requires a separate hearing. We are recommending that the hearings on the smaller areas be held in regular meetings, and that the hearings on the larger areas be held at special meetings. Included also is a list of the areas, and suggested hearing dates. College Lakes is not included in this group, and is still under study. If you wish to consider College Lakes this year, you can act on it in May and still meet the August 31, 1984 deadline for annexation. The City Attorney stated that the minutes should reflect that a map of the proposed annexations was presented to the City Council at this time, and that the Assistant City Manager showed the areas proposed for annexation. Mr. McBryde then offered motion for adoption of a Resolution of Intent to Annex Area 2 (Owen Drive - Southern Avenue), and to set a public hearing for City Hall Council Chamber for 7:00 p.m. on July 2, 1984; seconded by Mr. Wofford and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-37. Mr. McBryde then offered motion for adoption of a Resolution of Intent to Annex Area Number 3 (Borden Heights - Lone Pine Drive), and to set a public hearing for City Hall Council Chamber for 7:00 p.m. on June 25, 1984; seconded by Reverend Johnson and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-38. Mr. McBryde then offered motion for adoption of a Resolution of Intent to Annex Area 4 (Owen Drive - Chamberland Road), and to set public hearing for City Hall Council Chamber for 7:00 p.m. on June 18, 1984; seconded by Mr. Wofford and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-39. Mr. Wofford then offered motion for adoption of a Resolution of Intent to Annex Area 4A (2600 Owen Drive), and to set public hearing for City Hall Council Chamber for 7:00 p.m. on June 18, 1984; seconded by Mr. Dawkins and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-40. Mr. McBryde then offered motion for adoption of a Resolution of Intent to Annex Area 4B (2650 Owen Drive), and set public hearing for City Hall Council Chamber for 7:00 p.m. on June 18, 1984; seconded by Reverend Johnson and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-41. Mr. Wofford then offered motion for adoption of a Resolution of Intent to Annex Area 5 (Owen Drive - Seaboard Coastline Railroad), and set public hearing for City Hall Council Chamber for 7:00 p.m. on June 18, 1984; seconded by Mr. McBryde and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-42. Mr. McBryde then offered motion for adoption of a Resolution of Intent to Annex Area 6 (Holiday Park), and set public hearing for City Hall Council Chamber for 7:00 p.m. on June 11, 1984; seconded by Reverend Johnson and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-43. Mr. Dawkins then offered motion for adoption of a Resolution of Intent to Annex Area 7 (Owen Drive - CP & L Power Line), and set public hearing for City Hall Council Chamber for 7:00 p.m. on July 2, 1984; seconded by Mr. Wofford and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-44. Mr. Dawkins then offered motion for adoption of a Resolution of Intent to Annex Area 8 (Pleasant Valley), and set public hearing for City Hall Council Chamber for 7:00 p.m. on June 26, 1984; seconded by Mr. Jones and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-45. Mr. Wofford offered motion for adoption of a Resolution of Intent to Annex Area 8A (3410 and 3414 Boone Trail), and set public hearing for City Hall Council Chamber for 7:00 p.m. on July 2, 1984; seconded by Mr. McBryde and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-46. Mr. Dawkins then offered motion for adoption of a Resolution of Intent to Annex Area 8B (3330 and 3334 Boone Trail), and set public hearing for City Hall Council Chamber for 7:00 p.m. on July 2, 1984; seconded by Mr. Wofford and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION R1984-47. Mr. Dawkins offered motion for adoption of a Resolution of Intent to Annex Area 9 (Guy Circle - McPherson Church Road Area), and set public hearing for City Hall Council Chamber for 7:00 p.m. on June 27, 1984; seconded by Mr. Wofford and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-48. Reverend Johnson then offered motion for adoption of the Resolution of Intent to Annex Area 12 (Ramsey Street Area adjacent to The Greens), and set public hearing for City Hall Council Chamber for 7:00 p.m. on July 2, 1984; seconded by Mr. Wofford and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-49. Mr. Wofford moved for adoption of a Resolution of Intent to Annex Area 13 (Law Road - Longview Drive Area), and to set public hearing for City Hall Council Chamber for 7:00 p.m. on June 18, 1984, seconded by Mr. Dawkins and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-50. Mr. McBryde then moved for adoption of a Resolution of Intent to Annex Area 13A (307 Longview Drive), and to set public hearing for City Hall Council Chamber for 7:00 p.m. on June 18, 1984; seconded by Mr. Wofford and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-51. Mr. Jones then offered motion for adoption of a Resolution of Intent to Annex Area 14 (Hilton Drive - Java Drive Area), and to set public hearing for City Hall Council Chamber for 7:00 p.m. July 9, 1984; seconded by Mr. Wofford and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-52. Mr. Wofford moved for adoption of a Resolution of Intent to Annex Area 14A (Hilton Drive - Rose's Lake Area), and to set public hearing for City Hall Council Chamber for 7:00 p.m. on July 2, 1984; seconded by Mr. McBryde and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-53. On the last Resolution of Intent to Annex, U.S. 401 Bypass - Sycamore Dairy Road, the City Attorney requested that “Township of Seventy-First" be inserted before the legal description. Mr. McBryde then offered motion for adoption of a Resolution of Intent to Annex Area 15 (U.S. 401 Bypass - Sycamore Dairy Road), and to set public hearing for City Hall Council Chamber for 7:00 p.m. on July 10, 1984; seconded by Mr. Wofford and carried unanimously. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-54. 18. APPOINTMENTS: A. Nominations to fill one vacancy on the Human Services Commission. There were no nominations offered, and Mayor Hurley stated that this matter would be reconsidered at the next meeting. 19. DELEGATIONS: Council recognized Mr. Clinton Harris, who stated that, concerning the annexations, Council should take appropriate action to divide the City into six districts, and elect the City Council by district and by bi-partisan politics before or during the annexations. Council recognized Mr. Willie Lewis, U.S. Army retiree, who stated that the red light on Rosehill Road had not been installed. He stated that there appeared to be a problem with the easement on the property. He stated that sixty days had passed, and no interim light had been installed; and requested action on this matter. The City Manager stated that the City must have an easement for a guywire, and that the owner would not grant such easement; and that the matter must go through condemnation. Council recognized Mr. Richard Poillion, General Manager of Pepsi-Cola Bottling Company, with comments on the site for the proposed shopping center at Eastern Boulevard and Grove Street. He stated that they proposed to construct a new plant in the area, on Northeastern Boulevard; and requested Council to take this into consideration. Mayor Hurley extended thanks to Mr. Poillion for his comments. 20. CITY MANAGER'S REPORTS: A. Report on statement of taxes from Chamberland County Tax Collector. The City Manager requested that the minutes reflect receipt of the statement of taxes for the month of March, 1984. B. Sale of Prince Charles Hotel. The City Manager requested authorization of the Council to authorize advertisement of the sale of the hotel. He stated that the sale price would be $350,000.00. He also requested authorization of the sale. (A copy of this matter is attached to the original of these minutes.) Following brief discussion, Mr. Jones offered motion to authorize the sale pursuant to North Carolina General Statutes, seconded by Mr. Dawkins and carried unanimously. The City Attorney requested an executive session of the Council for a litigation matter at the end of this meeting. 21. MATTERS OF INTEREST TO THE COUNCIL: Mr. Wofford stated that Mr. Arnold Pope had called and expressed appreciation to the Council for their action on Ashboro Street, and stated that all of the residents are happy with the decision. Mr. McBryde asked if the City was liable for injuries on Hay Street during the construction. The City Attorney replied in the negative, and stated that this was the contractor's liability. Reverend Johnson reminded Council of the Governmental Association meeting on Thursday night. Mr. Dawkins commented on the recent death of Mr. Jerome Brown's daughter, and of Mr. Ed West. Mr. Dawkins also recognized former City employee and City Manager's secretary, Miss Sharon Harris, present in the audience this evening. Mr. Jones informed Council that the ladies of the Garden Club are upset because more dogwood trees have not been planted in the downtown area. Mr. Jones also requested Council to start thinking about parking in the downtown area. Mr. Jones recommended that Pond Street at Campbell Avenue be paved without petition. Mr. Jones also requested that the City Manager consider locating a parking company to occupy the Hutton Building on Old Street. Mayor Hurley extended thanks to the staff members and to the police officer for being present at the meeting this evening. Reverend Johnson offered motion, seconded by Mr. McBryde and carried unanimously, that Council convene into executive session for a litigation matter, at 10:35 p.m. Council then reconvened into regular session at 10:45 p.m. The City Attorney recommended that the City Council authorize representation for Danny Dixon, Jr. in Federal District Court, in the case of James H. Parker vs. Danny Dixon, Jr. and others, Number 84-33-CIV-3; and that such representation be provided at a rate not to exceed $75.00 per hour. Mr. Wofford offered motion for approval of the foregoing request of the City Attorney, seconded by Mr. Dawkins and carried unanimously. Thereafter, all matters of business having been completed, this regular session of the Council was adjourned at 10:47 p.m., upon motion made and duly seconded. SPECIAL MEETING FRIDAY, APRIL 20, 1984 SPECIAL MEETING KYLE HOUSE CONFERENCE ROOM FRIDAY, APRIL 20, 1984 12:00 NOON Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Mayor Hurley called the meeting to order, to reconsider the proposed Cape Fear Plaza shopping center request from last Monday evening, for public hearing for a UDAG grant. He stated that there may be some question on the precedent of calling this meeting, and that it was open now for discussion. Mr. Dawkins stated that the Prince Charles Hotel matter is a delicate situation. Mayor Hurley stated that they were considering the precedent of calling this meeting at this time, and stated that if the City Council feels that he is wrong, he would like to hear discussion on the matter. Mr. McBryde stated that the City Council had set a policy on reconsidering matters on past issues. He asked the City Attorney his opinion, and asked the City Manager whether the staff has had time for the preparation of this matter. The City Attorney stated that Mr. McBryde is basically correct as far as the policy is concerned. Mrs. Evans stated that she had to be absent from last Monday's meeting due to a religious holiday, and that Council should let her speak to the issue. Mr. Wofford stated that four City Council members had been polled, and desired to hold the meeting. Reverend Johnson stated that the City Council should have a policy book, and that he would like to set the public hearing to hear the issues. Mr. Dawkins stated that, in his opinion, the shopping center could and should be done with private funding, rather than with City funds. The City Attorney explained for Council's benefit Roberts' Rules of Parliamentary Procedure on reconsideration of an issue. Mrs. Evans extended thanks to the Council for holding this meeting today at her request. She stated that she saw a similarity in this request and the one to the Prince Charles Hotel issue, and suggested that City Council hold public hearings which are not advertised public hearings. Following some further discussion, Mrs. Evans offered a motion that the City Council do consider holding a public hearing for this proposed shopping center. The motion was lost for lack of a second. Mr. McBryde then offered a motion to adjourn this meeting, seconded by Mr. Jones. The City Attorney advised Council members that a motion to adjourn a meeting was not debatable. Mayor Hurley then called for a vote on the motion to adjourn, and it was as follows: for the motion, Councilmembers Dawkins, McBryde, Jones, and Reverend Johnson; against the motion, Councilmembers Evans and Wofford, and Mayor Hurley. Mayor Hurley declared the motion to adjourn carried. Mayor Hurley then declared this special session adjourned at 12:20 p.m. INFORMATION MEETING TUESDAY, APRIL 24, 1984 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER TUESDAY, APRIL 24, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, Jimmie Jones 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 Councilmember Johnson offered the invocation. Council first heard a report on the Skye Drive traffic situation. City Engineer Bob Bennett presented various alternatives to the existing situation. Residents of the areas affected presented their concerns to the Council. Council suggested that the City Engineer prepare information on other alternatives discussed during the meeting and also asked that the Thoroughfare Plan be placed on the agenda of the next regular meeting for consideration. Chairman Mildred Evans presented a report from the Policy Committee. Discussion followed on the following items: 1. Make-up of Appointed Boards and Commissions. The Council discussed establishing a sunset provision for every board and commission not established by general statute or city charter. The sunset provision would be for two years. Council also discussed standardizing terms of all boards and commissions at three (3) years, allowing members to serve two consecutive terms. After those terms, a commission member would leave the commission for at least one year and then would be eligible for reappointment. Provisions for removal from any board and commission should also be standardized. Council asked that the staff prepare a recommended policy for consideration. 2. Naming of Municipal Parking Areas. Council concurred with the Policy Committee recommendation of naming parking lots by the street from which one enters or by a major landmark. The staff was requested to submit a list of recommended names for consideration. 3. Per diem for Travel of Councilmembers. Council concurred with the Policy Committee recommendation that the budget provide for a certain number of Councilmembers to attend each of the three major conferences (National League of Cities, Congressional Caucus, NC League of Municipalities) with the City paying transportation, lodging and registration plus a set per diem amount for meals and miscellaneous expenses. Council also concurred with the recommendation that each Councilmember have a discretionary travel fund of $500 to use for trips in their interest area and other miscellaneous expenses with any amount spent over that $500 requiring prior approval by the full Council. 4. Public Discussion of the Agenda. Council discussed various ways of hearing public input on agenda items. The consensus was to continue the current policy of allowing anyone on any item if recognized by the Mayor. Council asked that this policy be printed with the agenda ad. Council then set a special meeting for Monday, April 30, 1984, 11:30 a.m. at the Kyle House to consider the UDAG application for the Prince Charles Hotel. There being no further business, the meeting was adjourned at 9:20 p.m. SPECIAL MEETING MONDAY, APRIL 30, 1984 SPECIAL MEETING FAYETTEVILLE CITY COUNCIL MONDAY, APRIL 30, 1984 11:30 A.M. KYLE HOUSE CONFERENCE ROOM Present: Mayor Bill Hurley Councilmembers Milton Wofford, J. L. Dawkins, Milo McBryde, Jimmie Jones and Aaron Johnson Also Present: John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Absent: Councilmember Mildred Evans Mayor Hurley called the meeting to order, and stated that it was to consider an application for a UDAG grant for the Prince Charles Hotel, and called on City Manager Smith. Mr. Smith stated that a summary of the application had been sent to each City Council member on the Prince Charles Hotel. He stated that this was for a $3,000,000.00 UDAG grant application for rehabilitation of the Prince Charles Hotel. He stated that the deadline is 5:00 p.m. today. He requested authorization to submit the application. He also stated that a part of Maiden Lane behind the hotel must be closed, subject to UDAG application approval. Mr. Dawkins then moved to accept the recommendation of the City Manager, and authorize the City to submit the application for the UDAG grant for $3,000,000.00 for the Prince Charles Hotel; motion seconded by Reverend Johnson and carried unanimously. Mayor Hurley then stated that the records show that Mrs. Evans is on excused absence from this meeting. Reverend Johnson suggested that letters be sent to our Senators and Congressmen concerning the UDAG grant, requesting their assistance. The City Manager also requested that Council adopt a preliminary resolution or closing a portion of Maiden Lane behind the Prince Charles Hotel, and setting a public hearing for June 4, 1984. Mr. Jones moved for adoption of the preliminary resolution as recommended, setting the public hearing for June 4, 1984; motion seconded by Mr. Dawkins and carried unanimously. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF MAIDEN LANE. RESOLUTION NO. R1984-55. The City Manager suggested that Council may wish to consider at this time amending the contract with Zuchelli-Hunter Associates pertaining to the Prince Charles Hotel. Mr. McBryde offered motion, seconded by Mr. Wofford, to adopt the amendment to the contract with Zuchelli-Hunter Associates as pertains to the Prince Charles Hotel; motion carried unanimously. Mayor Hurley then extended thanks to Mr. John Monaghan for his help with the UDAG grant application. Mayor Hurley also thanked Assistant City Manager Roger Stancil for his help. Reverend Johnson suggested that the City hold a big celebration upon completion of the Transit Mall. Mr. Dawkins stated that he had heard lots of good comments on progress by the City in the downtown area. Mayor Hurley reminded Councilmembers that Youth Week begins next Monday, May 7th, at 8:00 a.m., with breakfast at the First Presbyterian Church. Meeting was then adjourned at 11:50 a.m., upon motion made and duly seconded. REGULAR MEETING MONDAY, MAY 7, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MAY 7, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, and Jimmie Jones 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 Councilman Jimmie Jones offered the invocation. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then issued a welcome to all present this evening, and stated that this is Youth Week; and that the Fayetteville Youth Council members are present, but that he would wait a moment for introductions. Mayor Hurley stated that the Council needed to convene into executive session at this time, for a land transaction matter; and, upon motion by Mr. McBryde, seconded by Mr. Jones and carried unanimously, they did so at 7:05 p.m. Council reconvened back into regular session at 7:15 p.m. Council then considered Item 1, the Consent Agenda. The City Manager stated that Consent Item 1-P should not be to approve the special use permit, but rather to set a Public Hearing for June 4, 1984. Mr. Dawkins then offered motion, seconded by Mrs. Evans and carried unanimously, to approve the Consent Agenda as presented, with the foregoing correction to Item 1-P. The consent items appear below. 1. CONSENT: A. Approval of the minutes of the regular meeting of April 16, 1984. B. Approval of the minutes of the special meeting of April 20, 1984. C. Approval of the minutes of the information meeting of April 24, 1984. D. Approval of the minutes of the special meeting of April 30, 1984. E. Approval of a request for a refund of City taxes to Daniel J. and Nancy Semenoff, in the amount of $139.20. F. Approval of a request for a refund of City taxes to James and Judy Lytle, in the amount of $79.26. G. Adoption of resolution to instruct the City Clerk to investigate the sufficiency of the petition received for annexation of a tract of land located at the southwestern corner of McPherson Church Road and Cliffdale Road. RESOLUTION DIRECTING THE CITY CLERK TO INVESTIGATE THE PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1984-56. H. Set Public Hearing for June 4, 1984, to consider the paving, without petition, of Dick Street, from Campbell Avenue to Pond Street. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF DICK STREET. RESOLUTION NO. R1984-57. I. Set Public Hearing for June 4, 1984, to consider the paving, without petition, of Pond Street, from Dick Street to Gillespie Street. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF POND STREET. RESOLUTION NO. R1984-58. J. Approval of the rezoning from R-6 residential district to C-3 heavy commercial district, or to a more restrictive zoning classification, of an area located at 636 and 640 Dunn Road. K. Approval of the rezoning from R-6 residential district to C-3 heavy commercial district, or to a more restrictive zoning classification, of an area located east of Highway 210 (Murchison Road, north of Boxwood Lane). L. Conditional approval of the Whitfield Apartments group development in an R-6 residential district for preliminary and final group development addition review, for an area located at 230 Pinecrest Drive. M. Conditional approval of VanStory Hills Subdivision, Section VIII, Part A, in an R-10 residential district for preliminary and final subdivision review, for an area located on the west side of Thorncliff Drive, south of Morganton Road. N. Conditional approval of Varrene group development in an R-10 residential district for preliminary and final group development review, for an area located west of Cain Road, on Varrene Street. O. Conditional approval of Adams Concrete Products Company in an M-2 heavy industrial district for preliminary and final subdivision review, for an area located on the south side of Country Club Drive (U.S. 401 Bypass), between Murchison Road and Seaboard Coastline Railroad. P. Set Public Hearing for June 4, 1984 on an application by Rollin and Jennie Raymes for a special use permit, as provided for by the City of Fayetteville Zoning Ordinance, Section 32-24, Item 1; to allow for the operation of a day nursery or kindergarten in an R-6 residential district, for an area located at 525 ˝ Ira Street. Q. Authorize City Manager to execute lease agreement between Dollar of Chamberland, Inc. and Fayetteville Municipal Airport. R. Award of contract for construction of 15,568 feet of 8-inch sanitary sewer force main and 3,317 feet of 12-inch gravity flow main, including seven manholes, to Myrick Construction Company, Inc. (the low bidder), in the amount of $195,463.90. S. Award of contract for purchase of five Switching Cabinets with RTE R-VAC Switches, to Eastern Electric Supply, Inc. (the low bidder), for $51,445.00. T. Award of contract for purchase of two hundred sixty sanitary sewer manhole rings and covers, to Pump and Lighting Company, Inc. (the low bidder), for $19,045.00. U. Award of contract for purchase of two million gallons of Number 2 distillate oil to Exxon (the low bidder), for $1,610,000.00. V. Award of contract for purchase of fifty KVA padmount transformers (24.9/14.4 KV), to National Transformer Sales Company (the low bidder), for $56,900.00. 2. PUBLIC HEARINGS: A. Consideration of annexation of a 3.91-acre tract of land located on the west side of Gillespie Street. Recommended action was approval. The City Engineer presented this matter, and stated that it was a sole owner petition for annexation. There were neither proponents nor opponents present. Mr. McBryde offered motion, seconded by Reverend Johnson, to approve the annexation by adoption of the ordinance; motion carried unanimously. AN ORDINANCE EXTENDING THE CITY LIMITS OF FAYETTEVILLE TO INCLUDE A TRACT LOCATED ON THE WEST SIDE OF GILLESPIE STREET. ORDINANCE NO. 84-5-269. B. Consideration of transit route revisions. The recommended action was approval, effective August 6, 1984. Mr. Jerome Brown of the Transit Department presented this matter, with information and slide projections. (See attachment to the original of these minutes.) While Mr. Brown was setting up the presentation, Mayor Hurley recognized members of the Youth Council who were acting as City officials this week. Mr. Brown then made the presentation of changes in the transit system routes; and stated that these changes would save the City some $112,000.00. Mayor Hurley thanked Mr. Brown for the presentation, and asked for proponents or opponents; and there were none. Following brief discussion, Mr. Dawkins offered motion to approve the recommendation of the Transit Department, and approve the transit route revisions; seconded by Mr. Wofford and carried unanimously. 3. Consideration of routes concerning Skye Drive traffic problem. Mayor Hurley stated that this is not a public hearing, and that the City Council has received information on this from the City Engineer. (A copy of this information is attached to the original of these minutes.) Following brief discussion, Mr. McBryde offered motion that the staff return to the Council with a detailed proposal and cost estimates on straightening Devers Street and coordinating this proposal with Fayetteville Technical Institute, since some of their property is involved; motion seconded by Reverend Johnson and carried unanimously. 4. Consideration of resolution concerning changes to the Fayetteville Area Thoroughfare Plan. The City Engineer presented this matter, and stated that a resolution had been prepared for Council's consideration, outlining the changes. (Details had been given at an earlier meeting.) The City Engineer requested Council to consider portions of Cain Road by sections; and stated that one alternative would be to re-establish it on the thoroughfare plan; and that there were two other alternatives. Following brief discussion, Mr. Wofford then moved that we adopt the thoroughfare plan, with alternative Number 3, which is to leave that portion of Cain Road from U.S. 401 Bypass to Bragg Boulevard on the thoroughfare plan, and make that section from Bragg Boulevard to U.S. 401 Bypass a minor thoroughfare. Motion was seconded by Mr. Dawkins, and carried unanimously. RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA - THOROUGHFARE PLAN. RESOLUTION NO. R1984-59. Mayor Hurley then, with Council approval, moved Item 15-B up for consideration at this time, since there were a number of persons present in the audience who were interested in this matter. 15-B. Discussion of professional baseball franchise. Mayor Hurley stated that this was a news item, and that there were persons present tonight who were interested in this item. Mayor Hurley called attention to the letter in the agenda packet which pertains to authorizing the City Manager to investigate the possibility of a municipal facility to be used as a stadium for a professional baseball team for the City. The Mayor stated that a group of local businessmen was interested in obtaining such a baseball team, but that the City would need to provide a facility. Mrs. Evans stated that she was in favor of the proposal, but would like Council to keep in mind prior commitments, such as City streets, parks, and the like. She stated that it was like needing clothing when the roof is leaking. Following some discussion, Mrs. Evans moved that the City Manager make a study of costs; and that, if this can be done with revenue bonds at no cost to the City, she would be in favor of the proposal. The motion was seconded by Mr. Dawkins. Following some discussion, Mr. Wofford observed that the staff now has numerous studies to be completed, such as cable franchise, additional Hay Street parking, sidewalks, budget, and Devers Street. He stated that any new projects should “get in line", and that this one belongs at the end; and that, when other projects are completed, such a ball park facility could be considered. Further discussion then followed. Mr. Wofford then offered substitute motion to put the study in priority behind the other projects that are currently under study; the motion was lost for lack of a second. Mayor Hurley then called for a vote on the main motion, that the City Manager make a study of a municipal stadium and report back to City Council; and the motion carried, Mr. Wofford voting “no". 5. Consideration of award of contract for facade study for buildings on the Olde Fayetteville Commons. Recommended action was that the Revitalization Commission recommends award of this contract to Edward F. Turberg, Restoration Consultant. The City Manager presented this matter, and stated that the recommendation is from the Revitalization Commission; and that he concurs with their approval. Mrs. Evans moved for approval of the contract as recommended; seconded by Mr. McBryde and carried unanimously. 6. Consideration of release of a portion of street right-of-way off Edmonton Road. The recommended action was to advertise. Mr. McBryde stated that he had no personal interest in this matter. The City Engineer presented this item, and stated that, in 1971, a few property owners requested that the City improve access to their property, generally along a trail which had no dedicated right-of-way. Some of the property owners granted the right-of-way at no cost to the City, but later sold their property; and redevelopment occurred in a manner that renders part of the right-of-way useless. No improvements or work was ever done by the City on this portion of the proposed street, and we see no reason for the City to retain this right-of-way. He recommended Council's authorization for the Mayor and Clerk to sign a deed of release. Following brief discussion, Mrs. Evans moved to advertise the foregoing matter as recommended; seconded by Mr. Wofford and carried unanimously. 7. Consideration of ordinances requiring the City Building Inspector to correct conditions with respect to, or to demolish and remove a structure, pursuant to the Dwellings and Buildings Minimum Standards Code of the City, at the following locations: A. 118 “C" Street; and B. 528 Adams Street. The recommended action was adoption of the ordinances. Mr. Ed Bryant of the Inspections Department presented this matter, and recommended approval, since no action had been taken by the owners. Following brief discussion, Mr. Wofford offered motion to approve and adopt both ordinances, “A" and “B"; seconded by Reverend Johnson and carried unanimously. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE, PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY, LOCATED AT 118 “C" STREET. ORDINANCE NO. NS1984-19. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE, PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY, LOCATED AT 528 ADAMS STREET. ORDINANCE NO. NS1984-20. Following this action, Councilman Dawkins commented on lot clearances at various locations within the City, and Mr. Bryant responded that he has this under consideration. 8. Consideration of erection of permanent sign at the Municipal Market. The recommended action was approval. A sketch of the sign, as well as of its proposed location at the market, had been provided for the Councilmembers in the agenda packet. Mr. Wofford asked if the sign conformed to the City ordinance, and the City Manager replied that it did. Mr. Wofford asked about additional information on the sign; and the City Manager stated that this had been considered, and that the sign had been approved by all agencies involved. Following brief discussion, Mr. Wofford offered motion for approval of the foregoing sign, seconded by Mr. McBryde and carried unanimously. 9. Consideration of approval of annexation reports for: Area 4 - Owen Drive at Cumberland Road; Area 4A - 2600 Owen Drive; Area 4B - 2650 Owen Drive; Area 5 - Owen Drive at Seaboard Coastline Railroad; Area 6 - Holiday Park; Area 13 - Law Road/Longview Drive; Area 13A - 307 Longview Drive. The recommended action was approval of the reports. The City Manager stated that Resolutions of Intent to Annex had been approved for these areas. The City Attorney requested that each report be approved separately; and that the motion be that the City Council approve the report and make a copy available in the office of the City Clerk, in accordance with G.S. 160A-49(C). Area 4 - Mr. McBryde offered motion, seconded by Reverend Johnson and carried unanimously, that Council approve the report and make a copy available in the office of the City Clerk, in accordance with G.S. 160A-49(C). Area 4A - Mr. Dawkins offered motion, seconded by Reverend Johnson and carried unanimously, that Council approve the report and make a copy available in the office of the City Clerk, in accordance with G.S. 160A-49(C). Area 4B - Mr. McBryde offered motion, seconded by Mr. Wofford and carried unanimously, that Council approve the report and make a copy available in the office of the City Clerk, in accordance with G.S. 160A-49(C). Area 5 - Reverend Johnson offered motion, seconded by Mr. McBryde and carried unanimously, that Council approve the report and make a copy available in the office of the City Clerk, in accordance with G.S. 160A-49(C). Area 6 - Mr. Jones offered motion, seconded by Reverend Johnson and carried unanimously, that Council approve the report and make a copy available in the office of the City Clerk, in accordance with G.S. 160A-49(C). Area 13 - Mr. Wofford offered motion, seconded by Mr. Dawkins and carried unanimously, that the Council approve the report and make a copy available in the office of the City Clerk, in accordance with G.S. 160A-49(C). Area 13A - Reverend Johnson offered motion, seconded by Mr. Dawkins and carried unanimously, that the Council approve the report and make a copy available in the office of the City Clerk, in accordance with G.S. 160A-49(C). 10. Consideration of adoption of a Resolution of Intent to Annex Area 16 - College Lakes. Recommended action was adoption of the resolution. The City Manager presented this matter, and recommended adoption of the resolution set a Public Hearing at the City Hall for 7:00 p.m. on the 11th day of July, 1984. Mr. Wofford offered motion, seconded by Mr. McBryde and carried unanimously, that Council adopt the resolution, and set Public Hearing at City Hall for 7:00 p.m. on the 11th day of July, 1984. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN, AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION. RESOLUTION NO. R1984-60. 11. Consideration of adoption of Council policy regarding citizens addressing the City Council at Council meetings. The recommended action was that the Policy Committee recommends adoption. POLICY REGARDING NON-PUBLIC HEARING AGENDA ITEMS. IT SHALL BE THE POLICY OF THE COUNCIL TO ALLOW ANYONE TO ADDRESS THE COUNCIL ON AN AGENDA ITEM THAT IS NOT A PUBLIC HEARING, ONLY IF RECOGNIZED BY THE PRESIDING OFFICER WITH THE CONSENT OF THE COUNCIL. ANYONE DESIRING TO ADDRESS THE COUNCIL ON AN ITEM THAT IS NOT A PUBLIC HEARING ITEM, IS ENCOURAGED TO MAKE A WRITTEN REQUEST TO DO THE SAME PRIOR TO THE MEETING. Following some discussion, Mrs. Evans asked if the Council would agree to changing the words “is encouraged to", to “must". There was then some discussion of Mrs. Evans' request. Following this discussion, Mr. McBryde offered motion to adopt the policy as presented; seconded by Reverend Johnson and carried, Mrs. Evans voting “no". 12. APPOINTMENTS: A. Nominations to fill one vacancy on the Board of Appeals on Dwellings and Buildings (three-year term). There was then some discussion of this nomination, following which it was suggested that the Mayor's secretary be requested to ask the incumbent, Gerald Williams, if he would serve again; and report back to the Council at the next meeting. Mr. Jones stated that, if Mr. Williams declined to serve again, he would have a nomination at the next meeting. B. Nominations to fill one vacancy on the Human Services Commission. Mrs. Evans nominated Mrs. Sylvia Allen; the nomination was seconded by Mr. Jones. Mayor Hurley stated that this appointment would be made at the next meeting. 13. DELEGATIONS: There were none. 14. CITY MANAGER'S REPORTS: A. Request of badge and weapon upon retirement from Paul Miller. The City Manager recommended approval of the request. Mr. Dawkins moved for approval of the foregoing as recommended by the City Manager, seconded by Mr. Wofford and carried unanimously. Mr. Dawkins requested that Mr. Miller's letter be included in the minutes, and this was approved. (A copy of the letter is attached to the original of these minutes). B. Sale of the Prince Charles Hotel. The City Manager reported that, in order to complete the UDAG application, the City should accept the offer to purchase the hotel, in accordance with the conditions which were advertised. Approval should also be conditional on approval of the UDAG. The City Manager recommended, since we have not received any other offers, and the period of advertisement has expired, that we accept the offer, upon condition that the UDAG application is approved. Following brief discussion, Mr. McBryde offered motion for approval of the foregoing as recommended, seconded by Mr. Dawkins and carried unanimously. On an additional matter, the City Manager reported that, at a prior meeting, Council had requested that staff look into the feasibility of the City doing design work on the proposed canopy for the Senior Citizens Service Center. Having discussed this matter with Mr. Bennett and staff, he stated that Engineering has the capability to do the design work, but that Mr. Frank Dallas is currently involved with a number of other very important projects; and that it would take a lot of time to do the canopy work. The City Manager recommended that we do seek outside design service for this project. Following some discussion, Mrs. Evans moved that the original architect, Mr. Mason Hicks, be employed to design the canopy; motion seconded by Mr. Wofford and carried unanimously. Mr. McBryde then suggested that we receive proposals on this type of work in the future. 15. MATTERS OF INTEREST TO COUNCIL: A. Request for paving of “C" Street. Mr. Jones stated that he had received a letter of request from the church for the paving of this street, from Person Street to Adams Street, without petition. (A copy of the letter had been enclosed in the agenda packet.) Mr. Jones stated that the church is having problems with dust and mud. The City Engineer was requested to study this matter, and make a report at the next meeting. B. Item 15-B, the baseball franchise, had been considered earlier in this meeting. C. Reverend Johnson informed Council that the County Governmental Association meeting would be on Thursday, May 10, 1984; and that all are encouraged to attend. D. Mr. McBryde commented on the traffic light at the Hay Street - Ray Avenue intersection, and stated that the left-turn signal needs to be coordinated. The City Engineer was requested to check, and make a flashing light - yellow on Hay Street and Red on Ray Avenue - if feasible. E. Mr. Jones stated that he was contacted by a member of Victory Methodist Church on Southern Avenue, and that their property extends through to Camden Road. He stated that they gave some right-of-way to the City to widen Camden Road. He stated that they have a problem with parking space on Sundays, and had requested authorization to park along Camden Road. The City Engineer was asked to study this matter, and bring back a report. Mayor Hurley then extended thanks to all in attendance at the meeting this evening. He recognized Miss Bland McBryde, daughter of Councilman McBryde, in the audience. He also recognized Mr. and Mrs. Pleasant. He also recognized Fayetteville Youth Council members, and the Police Officer present this evening. Thereafter, all matters of business having been completed, this regular session was adjourned at 8:30 p.m., upon motion made and duly seconded. REGULAR MEETING MONDAY, MAY 21, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, MAY 21, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones 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 welcomed all those present. Mayor Hurley welcomed the Reverend Herman Winberry, District Superintendent of the Fayetteville United Methodist Church. Mayor Hurley stated that the Methodist Church would hold its annual conference in June at Methodist College. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then recognized Sam Hill of the Fayetteville Youth Council, who read a Proclamation of Thanks for their opportunity to participate in local government during Youth Week. Mayor Hurley stated the City Manager and City Attorney have requested an executive session after the meeting tonight to consider land transaction and litigation matters. 1. CONSENT: The City Manager stated that Consent Item 1F should be corrected to show the Public Hearing date as July 2 rather than June 18, 1984, and that Consent Item 1J should be deleted. Mr. Wofford stated that in the May 7th meeting minutes, page 277, a correction should be made so that it would read “buying a new dress" instead of “needing clothing" when the roof is leaking. Mr. McBryde then offered motion to approve the Consent Agenda as amended and corrected; seconded by Reverend Johnson and carried unanimously. The Consent items appear below. A. Approval of minutes of regular meeting of May 7, 1984. B. Authorize Mayor to execute lease agreement between Lambda Associates and Fayetteville Municipal Airport. C. Authorize City Manager to execute lease agreement with Highland Airport Express, Dillard-Lewis, Inc., for counter space and parking space. D. Authorize Mayor to execute deed releasing a portion of street right-of way off Edmonton Road. E. Set public hearing for June 18, 1984, to consider an application by Barbara Jean Spigner for a special use permit as provided for by the Fayetteville Zoning Ordinance, Section 32-24, Item 3 to operate a convalescent home in a R6 residential district for an area located at 205 Scott Avenue. F. Set public hearing for July 2, 1984, to consider an application by World Faith Clinic for a special use permit as provided for by the City of Fayetteville Zoning Ordinance, Section 32-24, Item 5, to allow the operation of a charitable institution in a R6 residential district for an area located at 908 Hay Street. G. Approval of the Broadwell-Mcpherson Subdivision in a R10 residential district for preliminary and final subdivision review for an area located on the west side of McPherson Church Road, south of Cliffdale Road. H. Approval of the Clarendon House condominium development in a R5 residential district for preliminary and final condominium conversion review for an area located on the east side of Oakridge Avenue, between Clarendon Street and Brook Street. I. Approval of the Tapers Apartment complex in a R5A residential district for preliminary and final group development review for an area located west of Rosehill Road and south of Tamarack Drive. J. Adoption of resolution fixing date of public hearing on Question of Annexation pursuant to G.S. 160A-31, as amended. (deleted) Mayor recognized Councilman Dawkins, who requested permission to abstain from voting on Item 4A. Permission was granted. Mayor Hurley recognized Councilman McBryde who requested authorization to abstain from voting on Item 14B. Permission was granted. 2. PUBLIC HEARING: A. Consideration of annexation of a 2.13 acre tract of land on the south side of Seminole Street. Approval was recommended. The City Engineer presented this matter and stated that it was by petition and approval was recommended. There were neither proponents nor opponents present. Mr. McBryde offered motion; seconded by Mr. Wofford and carried unanimously to annex the area by the adoption of an Ordinance. AN ORDINANCE EXTENDING THE CITY LIMITS OF FAYETTEVILLE TO INCLUDE AN AREA ON THE SOUTH SIDE OF SEMINOLE STREET, ORDINANCE NUMBER 84-5-270. B. Consideration of a resolution requiring the paving pursuant to petition of Sandhurst Drive from existing pavement to Walter Reed Road. Approval was recommended. The City Engineer presented this matter and stated that property owners have submitted an adequate petition and all property owners have been notified of this public hearing. There were neither proponents nor opponents present. Mrs. Evans offered motion; seconded by Mr. McBryde and carried unanimously for approval of the foregoing matter by the adoption of a resolution. FINAL RESOLUTION REQUIRING THE PAVING OF SANDHURST DRIVE, RESOLUTION NUMBER R1984-61. C. Consideration of a resolution requiring the paving pursuant to petition of Walter Reed Road from existing pavement to dead end. Approval was recommended. The City Engineer presented this matter and stated that all property owners have been notified and an adequate petition had been submitted. There were neither proponents nor opponents present. Mr. Jones offered motion; seconded by Mr. Dawkins for approval of the foregoing by the adoption of resolution. FINAL RESOLUTION REQUIRING THE PAVING OF WALTER REED (FORMERLY MALDEN) ROAD, RESOLUTION R1984-62. D. Consideration of a resolution requiring the paving without a petition of Clark Road from Bragg Boulevard to Chandler Street. Approval is recommended. The City Engineer presented this matter and stated that Mr. K. D. Hondros through his attorney, Mr. George B. Herndon, Jr., are property owners abutting Clark Road. This street has been a problem for many years and we certainly share Mr. Hondros concern that the street needs improving. Two parcels of rights-of-way will need to be cleared up on the west side. We recommend approving the resolution by paving the street without petition and adding the street immediately to the City's maintenance system so that Powell Bill money can be claimed for the next fiscal year and the street can be scheduled for improvements in the next budget. The City Engineer stated that all property owners had been notified of this public hearing. Council recognized Attorney George Herndon, representing Mr. Hondros and others, all property owners in the area in favor of the paving. There was no opposition present. Mrs. Evans then moved; seconded by Mr. Dawkins and carried unanimously for approval of the foregoing by adoption of a resolution and acceptance of the street for maintenance and for Powell Bill allocation in July. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF CLARK ROAD, RESOLUTION R1984-63. E. Consideration of a resolution requiring the paving without a petition of Moore/Bruner Street from Hillsboro Street westerly to Murchison Road. Approval was recommended. The City Engineer presented this matter and stated that the City has received a paving petition from four property owners along this street including Electrotek, Inc. The conditions of the street abutting Electrotek have been a special problem because of dust created by traffic on the soil street which has alleged to damage machinery operated by Electrotek. Mud in wet weather has also been a problem. The four property owners which have signed paving petitions does not constitute an adequate petition; therefore, it is being presented as a proposal to consider paving without a petition. Portions of the route will require right-of-way acquisition. We recommend approval of the resolution adding the street to the City's on-going street improvement list and funding to be provided for this project in the 1984-85 budget. The City Engineer stated all property owners had been notified of this public hearing. There were no proponents present. A Mrs. West, 308 Oakland Drive, was recognized opposed to the paving. Councilman Jones stated that Mr. Phillips, a resident who was born on this street, had requested that the City preserve the fine old oak tree on his property which he enjoyed sitting underneath in his retirement years. Reverend Johnson then offered motion; seconded by Mr. McBryde and carried unanimously for approval of the foregoing paving by the adoption of a resolution. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF MOORE STREET/BRUNER STREET, RESOLUTION NUMBER R1984-64. 3. PUBLIC WORKS COMMISSION MATTERS: A. Award of contract for purchase of one hundred 175-watt mercury luminaries to Westinghouse Electric Supply Company for their low bid of $10,302. Mr. Tim Wood, PWC Assistant Manager, presented this matter and requested the award be made to Westinghouse (the low bidder) as stated in the memo. Mayor Hurley also recognized PWC Commissioner Williams, also present with Mr. Wood. Mrs. Evans then offered motion for approval of the foregoing PWC matter and for award of the contract to Westinghouse for $10,302 as recommended; seconded by Mr. Dawkins and carried unanimously. 4. PLANNING BOARD MATTERS: A. Consideration of the Courtyards I subdivision in a R10 residential district for preliminary and final subdivision review for an area located on the north side of Morganton Road and Farmbrook Road. Planning Board recommended conditional approval. Planner Evelyn Dorsey presented this matter and stated the Planning Board recommended conditional approval. Following brief discussion, Mr. McBryde offered motion; seconded by Mr. Jones to approve the foregoing as recommended with Items 10 and 13 deleted as outlined in the Memo. Motion carried, Mr. Dawkins abstaining to vote. 5. Consideration of Contract Number 16-299-83, Renovation of FAST Transit Administration Office. It was recommended to award contract to the low bidders. The City Engineer presented this matter and stated a tabulation of the bids was enclosed in the Agenda packet this evening. He stated the bidders were as follows: Contractors Trade Base Bid Shaw Construction Company General Construction $26,426 Haire Plumbing Company Plumbing $ 4,865 Allman Electric Corporation Electrical $ 4,161 Cape Fear Heating and Air Conditioning Mechanical $ 2,985 The City Engineer stated the total of all of the base bids was $38,437. (A copy of this tabulation is attached to the original of these minutes). The City Manager explained the funding of this program with UMTA. He recommended awarding the contract with the understanding that we would increase the contract by $9,040, local share from revenue sharing contingency. There was then some discussion of this matter. Following this discussion, Mr. Dawkins offered motion; seconded by Mr. Jones and carried unanimously to award the contracts as recommended. 6. Consideration of revision to Traffic Schedules Number 10 - Loading and Unloading Zones, 11 - Parking Prohibited, 13 - Parking Zones, to accommodate the revised parking arrangement in the 100 block of Person Street. Adoption of the ordinances was recommended. The City Engineer presented this matter and stated that the ordinances will revise traffic schedules number 10, 11 and 13 to allow implementation of the proposed Person Street parking mall revisions. These revisions have presently been implemented with pavement marking only, for a trial period pending approval of construction of islands for landscaping improvements. Full implementation of this proposal will increase the parking in this block of Person Street from 38 to 86 spaces. Until removal of the existing bus stops on the south side of Person Street at the Market Square, the increase in parking will be 35 spaces for a total of 73 spaces. Correspondence was sent to all merchants/owners in the area on April 12, 1984, regarding these proposed revisions. This correspondence suggested the elimination of the three existing loading zones in the area in order to gain parking spaces. The thru traffic is encouraged to use Bow Street and Franklin Street, thereby reducing the potential conflict with parking movements. We have had no concern expressed over the proposed elimination of the three existing loading zones in the 100 block of Person Street. Following some discussion, Mrs. Evans offered motion for approval of the foregoing as recommended by the adoption of the three ordinances; seconded by Mr. Dawkins. There was then some discussion of the matter. Mayor Hurley then called for a vote on the motion and it carried unanimously. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 10 - LOADING AND UNLOADING ZONES - PERSON STREET, ORDINANCE NUMBER NS1984-21. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 11 - PARKING PROHIBITED - PERSON STREET, ORDINANCE NS1984-22. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-89 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 13 - PARKING ZONES - PERSON STREET, ORDINANCE NS1984-23. 7. Consideration of proposal for development of Municipal Market. It was recommended to authorize City administration to enter into negotiations and bring final proposal back to City Council for consideration. The City Manager presented this matter and stated that Fayetteville Progress has a contract with the City to recruit development for the Municipal Market. A preliminary proposal has been received for restoration and development of the Market. The developer is White Oak Properties, Raleigh, NC. An outline of what is being proposed has been provided. Fayetteville Progress has asked for the City's reaction to this general proposal. Should Council response be favorable, Fayetteville Progress and administration will continue negotiations along the lines spelled out in their letter of interest, incorporating any suggestions and changes that are desired. The staff will work with the Farmers Market Board and other City planning and review bodies during development of a specific proposal. The proposal that is put together through the above process will be brought back to the Council for action. Following brief discussion, Mrs. Evans offered motion to approve the foregoing as recommended and authorize City administration to enter into negotiations and bring back final proposals to City Council for consideration; seconded by Mr. Dawkins. There was then some discussion of the matter. Council recognized Mr. M. J. Weeks, of Fayetteville Progress who offered comments. Council also recognized Mr. Calvin Poole, Chairman of the Farmers Market Board who offered some comments. Mayor Hurley then called for vote on the motion and it carried unanimously. 8. Consideration of cablevision consulting contract. It was recommended to approve a contract with Rice Associates. The City Manager presented this matter and recommended that City enter into a contract with certain reservations. He stated the contract is proposed to cover two cablevision consulting services; they are a municipal ownership feasibility study and a cablevision franchise compliance review. He strongly recommended that City contract for at least a franchise compliance review before we consider renegotiation of a franchise. This compliance review may well be the basis for renegotiation of the franchise. After we have had the opportunity to review the franchise and if we are pleased with the work of Rice Associates, we can determine at that time if we will employ them further to assist us in a negotiation with the cablevision franchise. I do feel that professional assistance will be crucial in any such negotiations. The options available under this proposed contract would be to proceed with both phases simultaneously or to proceed with the franchise compliance review and then make a determination as to where we should go from there. Following brief discussion, Mr. Wofford offered motion to follow the foregoing recommendation of the City Manager and approve the contract with Rice Associates not to exceed $3,500; motion seconded by Mr. McBryde. There then followed some discussion of the issue and following this Mayor Hurley called for a vote on the motion and it carried. Mr. Jones and Reverend Johnson voting No. 9. Report on proposed paving of “C" Street from Person Street to Adams Street. The City Engineer presented this matter and stated that at the last Council meeting Councilman Jones cited the need for paving of “C" Street. The City has not received a paving petition for the street; however, we certainly agree the street needs to be paved. We have prepared a resolution to set a public hearing for June 18, 1984, to consider paving without petition if you desire. Mrs. Evans offered motion; seconded by Mr. Jones and carried unanimously to approve this matter by the adoption of the resolution and set public hearing for June 18, 1984. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF “C” STREET RESOLUTION NUMBER R1984-65. 10. Report concerning the traffic signal operation at Green Street, Bow Street, Maiden Lane and Old Street intersection. The City Engineer presented this matter and stated that he had completed a study of traffic operations and accident experience at this location in response to a request from the Mayor expressing concern on behalf of First Citizens Bank regarding the need for protected left turns. Observation during this period reveals traffic clearing all approaches of the intersection during 99% of the day. Left turning traffic usually has a momentary wait but is able to complete their movement prior to the termination of the green phase. The accident experience has been low. We would suggest that the recent provision of the left turn lane on the Old Street approach at this intersection should provide relief of any previous traffic congestion at the First Citizens parking deck. We will continue to monitor this location. Should congestion or accident experience increase beyond acceptable measures, we would then recommend the installation of separate left turning movements. The present operation should be allowed to continue, so long as practical, since the provision of these protected left turn movements would increase traffic signal timing and therefore increase delay for all drivers. Mayor Hurley stated that this request had come from First Citizens Bank on the blocking of their parking deck access. He feels the City will eventually be faced with left turn requirements at this location. Reverend Johnson commented that attention to requests are needed. The City Manager was requested to consider placing a Police Officer at the Citizens location on Old Street in the afternoon to alleviate the situation. There was then some discussion of the matter. The City Engineer was then requested to study this matter further and bring back recommendations at a later date. 11. Consideration of adoption of resolution of consideration. Adoption of the resolution was recommended. The City Manager presented this matter and stated this was presented at an information meeting regarding the whole annexation process. After July 1, 1984, in order for an area to be annexed except by 100% property owner petition, a resolution of consideration must have been in affect at least one year prior to the effective date of the annexation. If not, then the annexation cannot take place until a year following adoption of the ordinance. A map was shown at that meeting indicating the areas recommended for consideration. A resolution of consideration is valid for a two year period. These are areas to be studied for potential annexation over the next two years. This will not necessarily be the recommendation due to water, sewer, storm drainage and the like. The resolution must be on file by law in case petitions are received. He displayed the map showing the areas and recommended adoption of the resolution which refers to the map. The map will be on file in the Clerk's office for public inspection. Mrs. Evans then offered motion to adopt the resolution identifying an area of the map enclosed as being under consideration for annexation for future consideration in accordance with GS 16OA-49; seconded by Mr. McBryde and carried unanimously. A RESOLUTION IDENTIFYING THE AREA DESCRIBED HEREIN AS BEING UNDER CONSIDERATION FOR ANNEXATION. RESOLUTION NUMBER R1984-66. 12. Consideration of adoption of annexation reports. Area 2 - Owen Drive/Southern Avenue Area 3 - Borden Heights Area 7 - Owen Drive/CP&L power line Area 8 - Pleasant Valley Area 8A - 3410 and 3414 Boone Trail Area 8B - 3330 and 3334 Boone Trail Area 9 - Guy Circle/McPherson Church Road Area 12 - Ramsey Street adjacent to “The Greens" Area 14A - Hilton Drive/Roses Lake It was recommended to approve these annexation reports. The City Attorney presented these matters and stated that as Council did at last meeting, they consider each one of the reports separately and the motion should be “that the City Council approve the report and make a copy available in the Office of the City Clerk in accordance with GS 160A-49(C)." Area 2 - Mr. Jones offered motion; seconded by Mrs. Evans and carried unanimously that the City Council approve the report and make a copy available in the Office of the City Clerk in accordance with GS 160A-49(C). Area 3 - Mr. McBryde offered motion; seconded by Reverend Johnson and carried unanimously that the City Council approve the report and make a copy available in the Office of the City Clerk in accordance with GS 160A-49(C). Area 7 - Reverend Johnson offered motion; seconded by Mr. McBryde and carried unanimously that the City Council approve the report and make a copy available in the Office of the City Clerk in accordance with GS 160A-49(C). Area 8 - Mr. Wofford offered motion; seconded by Mr. McBryde and carried unanimously that the City Council approve the report and make a copy available in the Office of the City Clerk in accordance with GS 160A-49(C). Area 8A - Reverend Johnson offered motion; seconded by Mr. Wofford and carried unanimously that the City Council approve the report and make a copy available in the Office of the City Clerk in accordance with GS 160A-49(C). The City Attorney stated that report 8B should be 3330 instead of 3309 Boone Trail. Area 8B - Mr. Dawkins offered motion; seconded by Mr. McBryde and carried unanimously that the City Council approve the report and make a copy available in the Office of the City Clerk in accordance with GS 160A-49(C). Area 9 - Mr. McBryde offered motion; seconded by Reverend Johnson and carried unanimously that the City Council approve the report and make a copy available in the Office of the City Clerk in accordance with GS 160A-49(C). Area 12 - Mr. Wofford offered motion; seconded by Mr. McBryde and carried unanimously that the City Council approve the report and make a copy available in the Office of the City Clerk in accordance with GS 160A-49(C). Area 14A - Mr. McBryde offered motion; seconded by Mr. Wofford and carried unanimously that the City Council approve the report and make a copy available in the Office of the City Clerk in accordance with GS 160A-49(C). The City Attorney suggested that the minutes reflect that these reports are dated May 21, 1984, and are annexations of the City of Fayetteville. This suggestion was given tacit approval by the Council. 13. Consideration of adoption of bond inducement resolution for redevelopment bonds for the Prince Charles Hotel. Adoption of the resolution was recommended. The City Manager presented this matter and stated that the resolution is a statement of intent by the Council to issue redevelopment bonds for the Prince Charles Hotel project. This intent has been previously stated by Council in your adoption of the Memorandum of Understanding very early in the project as well as a statement contained in the redevelopment plan. The adoption of this resolution is the first step in carrying out that intent. The actual issuance of redevelopment bonds would, of course require additional Council action, and would not take place until all other elements of the project have fallen into place. As I am sure you are all aware, the issuance of redevelopment bonds does not pledge the full faith and credit of the City, and would be repaid by the developer from the proceeds of the project. The Prince Charles project of course is contingent upon the approval by the United States Department of Housing and Urban Redevelopment of the Urban Development Action Grant as well as the placement of these proposed bonds. Mrs. Evans moved for adoption of the resolution as recommended; seconded by Mr. McBryde and carried unanimously. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (“THE CITY"), GIVING PRELIMINARY APPROVAL TO A FINANCING PLAN RELATING TO THE REPAIR AND REHABILITATION OF THE PRINCE CHARLES HOTEL BUILDING (HEREIN CALLED THE “PROJECT"), BY PRINCE CHARLES ASSOCIATES A MARYLAND LIMITED PARTNERSHIP FOR SUCCESSOR OR DESIGNEE: INDICATING INTENT TO APPROVE THE ISSUANCE OF REVENUE BONDS BY THE CITY AT THE APPROPRIATE TIME TO PAY THE COST OF REPAIR AND REHABILITATION AND ASSOCIATED FEES AND EXPENSES OF SAID FACILITIES, AND TAKING OTHER PRELIMINARY ACTIONS. RESOLUTION NUMBER R1984-67. 14. Consideration of award of conceptual design contracts for Paul C. K. Lu Associates: Market Square concept design. Historic Display for Olde Fayetteville Commission. The recommended action was to authorize City Manager to execute the contract. The City Manager presented this matter and stated the contracts with Paul Lu formalized the City's intent which has existed more than a year to develop designs for the above projects. The project has been endorsed by the Revitalization Commission and the Four-Hundredth Anniversary Committee and have been discussed in numerous public meetings. The planning process will involve citizens and appropriate City advisory bodies and staff. Funds to begin the project have been appropriated in this year's budget (FY 1983-84). The contracts are ready for signature if the City Council concurs. The City Manager stated the Market Square concept design is not to exceed $15,000 and the Historic Display for Olde Fayetteville Commons is not to exceed $10,000. The Mayor stated that there is much more history in the City than we ever dreamed of. Reverend Johnson offered motion; seconded by Mr. Dawkins to approve the Market Square concept design. Motion carried unanimously. Mr. Wofford offered motion; seconded by Mr. Dawkins to approve the Historic Display for Olde Fayetteville Commons, motion carried, Mr. McBryde abstaining to vote. Assistant City Manager Stancil informed the Council that we have arranged for Mr. Ken Robinson to use a portion of the building at the intersection of Ray Avenue extended and Hay Street as a laboratory to study artifacts. He suggested that Council stop by when the laboratory is completed. 15. APPOINTMENTS: Appointment of Sylvia Allen to fill vacancy on the Human Services Commission. Mrs. Evans offered motion; seconded by Reverend Johnson and carried unanimously to appoint Mrs. Sylvia Allen to the Human Services Commission for a two year term of office to run to March 1986. Mrs. Evans stated that two more vacancies exist on the Human Services Commission and asked if there were any nominations. Mr. Dawkins nominated Mr. John Snell. There were no other nominations. Reappointment of Mr. Gerald Williams to the Board of Appeals on Buildings and Dwellings. Reverend Johnson offered motion; seconded by Mr. Jones and carried unanimously to reappoint Mr. Gerald Williams to the Board of Appeals for a three year term of office to run to May 1987. 16. DELEGATIONS: Council recognized Bettie Jo Goodenough and stated that with all the traffic during the Dogwood Festival and the Shriners Convention, there has been comment about Liberty Point. A great number of persons have noticed this site. It is deteriorating fast and it needs attention very badly. This includes the building at the site. She requested City Council's help. Mrs. Goodenough also stated there was a junk yard on Southern Avenue that is beginning to look very bad with the accumulation of junk cars. Mayor Hurley also mentioned the junk yard on Robeson Street to the City Manager. Council recognized Mr. Bob West and stated he had a small problem. He stated he had been referred to the Council by Mr. Albritton of the Inspections Department. He stated he has a lot that the City cleaned as required. He doesn't know when this was done. He stated he does not think that seven (7) days is enough time given to do this. It is hard to get anyone to do this in this length of time. He stated he now has a lien for the clearing against the lot which is unfair. He stated the lot is located on Northwest Avenue. Mr. Wofford suggested giving one notice before final action and then considered for two weeks. He suggested that staff study this matter and come back with a recommendation. Mayor Hurley thanked Mr. West for his comments. There was then a general discussion of the subject. Mayor Hurley stated that Mr. Scarborough had agreed to patch the roof on the Liberty Point building which he owns and will eventually restore completely. The City Attorney stated the City has statutory powers in this respect. There was then further general discussion of this matter. 17. CITY MANAGER'S REPORTS: A. Report on statement of taxes for April from Cumberland County Tax Collector. The City Manager requested that the minutes reflect the foregoing statement was received and is on file. The City Manager stated also that the 1984-85 budget scheduling is being contemplated and is being prepared and can be presented at an information meeting on Wednesday, May 30th at the Kyle House if Council so desires. This was discussed at some length. Following this discussion, Mr. Wofford suggested setting budget meeting dates now, beginning with June 4, 5 and 7 at the Kyle House on a tentative basis. 18. MATTERS OF INTEREST TO THE CITY COUNCIL: Mr. Jones mentioned the dedication of the Maiden Lane Bridge and the Fire Tower and commended the Police Department for their efforts in the Shriner's Parade on Saturday. Mrs. Evans asked the City Manager about the date for the official dedication of the Bridge in memory of former Councilman Gene Plummer. The City Manager stated that this is planned in conjunction with the Park, but no date had been set. The City Manager was requested that Mrs. Lacy Plummer, Mr. Plummer's widow, be notified when the date is determined. Mrs. Evans expressed thanks to City administration for placing the policy information regarding the public speaking before City Council on the agenda and letting people know they can speak at the Council meetings. Mr. Dawkins mentioned that an oriental carpet approximately 100 years old had been donated to the City by a lady, a Mrs. McKean, who lives in Pinehurst. Its appraised value is between $4,000 and $5,000. It has been placed in the Kyle House in the Council conference room and a reception is being planned for later on. It is a wonderful gift he stated and one that the City should be extremely proud of. Mr. Dawkins reminded administration to notify the public that Monday, May 28th is a City holiday and garbage will not picked up on that day. The City Manager acknowledged the request and stated that complete coverage would be given in all news media. Mr. Wofford reminded members of the meeting of the Liaison Committee on Thursday, May 24th at 12:00 Noon at the Lighthouse Restaurant. He stated that several interesting topics would be on the agenda. One of them being the emergency 911 number. Upon motion by Reverend Johnson; seconded by Mr. McBryde at 9:15.p.m., City Council recessed into Executive Session to consider land transaction and litigation matters. City Council then reconvened into Regular Session at 9:50 p.m. and adjourned upon motion made and duly seconded. REGULAR MEETING MONDAY, JUNE 4, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 4, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones 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 welcomed all those present in the Council Chamber. Mayor Hurley then called on the Reverend J. M. Jackson, Smith Chapel Free Hill Baptist Church, for the invocation. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then recognized Girl Scout Robin Michel Thornton, and announced that she had received Girl Scouting's highest honor, the Gold Award. Mayor Hurley presented her with a flag pin, and promised her a certificate as soon as it was prepared. Robin's mother and scout leader were also present with her. Mayor Hurley stated that the City Manager and the City Attorney had requested an executive session at the end of this meeting regarding personnel, litigation, and the employment or an architectural firm. 1. CONSENT: Mr. Wofford asked to pull Item 1-H. There was no objection. The City Attorney stated that Item E was to authorize advertisement for bids or the property under the regular procedure. Mayor Hurley recognized Councilman Dawkins, who stated that City Fireman Tony Riddle was killed on Saturday evening. Mr. Dawkins stated that Tony was the son or Sergeant J. M. Riddle, who retired on June 1, 1984 from the Police Department. Mr. Dawkins stated that Sergeant Riddle had a request under Consent Item 1-N for his weapon and badge upon retirement from the Police Department. Mr. Dawkins then offered motion, seconded by Mr. Jones and carried unanimously, to approve all consent items, excluding Item H. The consent items appear below: A. Approval or minutes of the regular meeting of May 21, 1984. B. Approval of request for a refund of City taxes to Randy McCoy and wife, Vickie, in the amount of $43.19. C. Approval or request by McFayden Music for release of late listing penalties in the amount of $1,212.20. D. Approval of resolution to instruct the City Clerk to investigate the sufficiency of a petition received requesting annexation of Country Club North, Section V. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1984-68. E. Authorize advertisement for bids for the consideration of the sale of surplus Community Development property located on the north side of Guthrie Street, adjacent to St. Luke's Church. F. Approval of the rezoning from R10 residential district to P2 professional district, or to a nonrestrictive zoning classification, of an area located at 3311 Rosehilt Road. G. Approval of the initial zoning to R10 residential district, or to a more restrictive zoning classification for an area located east or proposed Rosehill Road realignment, and south of Gayron Drive. H. This item had been pulled. I. Set public hearing for July 2, 1984, to consider the rezoning from R6 residential district to R5 residential district, or to a more restrictive zoning classification, for an area located at 705 Pilot Avenue. J. Set public hearing for July 2, 1984, to consider the rezoning Item P2 professional district and R6 residential district to R5 residential district, or to a more restrictive zoning classification, for an area located at 1901 Bragg Boulevard. K. Authorize City Manager to execute renewal of lease agreement between the City of Fayetteville and Avis Rent-A-Car System, National Car Rental System, Inc.; and Car Rental, Inc. (Hertz) (Approved by the Airport Commission). L. Set public hearing for June 18, 1984, for consideration of designation by ordinance of the following historic properties: A. 110 Bradford Avenue (McMillan-Rankin House) B. 321 Arch Street (Dudley W. Townsend House) C. 330 Dick Street (William McDiarmid House) O. 211 Rankin Street (Sandlin Warehouse) E. 405 Hay Street (Huske Hardware) F. 417-421 Hay Street (The Huske Building) M. Adoption of Budget Amendment 84-6 for 9A grant (Transit Maintenance Facility). N. Approval of request for weapon and badge upon retirement from Sergeant J. M. Riddle, of the Fayetteville Police Department. O. Award of contract to T.A. Loving Company (the low bidder) for construction of approximately 3,676 feet of 12-inch sanitary sewer main along Horsepen Brach, and authorization for the Mayor and the City Clerk to execute the contract documents. The bid was in the amount of $117,103.00. P. Award of contract to Hercules Steel Company (the low bidder) for structural steel for electrical distribution system, for their bid of $15,600.00. Q. Award of contract to Eastern Electric Supply Company (the low bidder) for three 450 KVAR, 480-volt Capacitors, for their bid of $29,985.00. R. Set public hearing for June 18, 1984, to consider the 1984-85 Budget. S. Set public hearing for June 18, 1984, to consider the 1984-85 Revenue Sharing Budget. Council then considered Consent Item H, which was approval of the initial zoning to R6 residential district, or to a more restrictive zoning classification, for an area located south of Coronation Drive, and west of U.S. 401 North. Mr. Wofford asked questions on the zoning to R6, and stated that there had been recent controversy over zoning in an adjacent area. He asked Planner Mitchell if there had been any objection to the R6 zoning. Planner Mitchell replied that there had been no opposition; and that this is the initial zoning or the area, rather than rezoning. Mr. Wofford then offered motion for approval of the initial zoning as recommended, seconded by Mr. Dawkins and carried unanimously. 2. PUBLIC HEARINGS: A. Consideration of an application by Rollin and Jennie Raymes for a special use permit as provided for by the City of Fayetteville Zoning Ordinance, Section 32-24, Item 1, to allow for the operation of a day nursery or kindergarten in an R6 residential district, for an area located at 525 ˝ Tra Street. The Planning Board recommended conditional approval. There were neither proponents nor opponents present. Mrs. Evans then offered motion to approve this special use permit as requested, and for conditional approval as recommended, finding that the proposed use fits in with the character of the area, and will not be detrimental to the surrounding neighborhood. Motion was seconded by Mr. Wofford, and carried unanimously. B. Consideration of adoption of the paving without petition of Dick Street, from Campbell Avenue to Pond Street. Adoption of the resolution was recommended. The City Engineer presented this matter, and stated that the proposed paving of Dick Street from Campbell Avenue to Pond Street, and of Pond Street from Dick Street to Gillespie Street, is proposed. He stated that these two state streets have been the source of many complaints from the businesses and residents. Pond Street was paved in a very substandard fashion many years ago, and the useful life of that paving has long since passed. Drainage of the two streets should be designed with a single outlet to serve both streets; therefore, a better construction job can be accomplished by paving these two streets as a single project. Several property owners had expressed interest in getting these streets paved, hut had not come forth with an adequate petition; therefore, the consideration at this public hearing is for paving without petition. We recommend adoption of both resolutions. The City Engineer called attention to a letter of concern which was received regarding Dick Street. The City Engineer stated that all property owners had been notified of this public hearing. Mr. Charles T. Haigh was recognized in favor of the paving of Dick Street. The letter of concern from Mr. Harold Holmes was also noted. Following brief discussion, Mr. McBryde offered motion, seconded by Mr. Dawkins and carried unanimously, for approval of the foregoing paving by the adoption of a resolution. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF DICK STREET. RESOLUTION NO. R1984-69. C. Consideration of adoption of the paving without petition of Pond Street, from Dick Street to Gillespie Street. Adoption of the resolution was recommended. The City Engineer presented this matter, and stated that he had covered it in his previous remarks; and that all property owners had been notified of this public hearing. There were neither proponents nor opponents present. Mr. Jones then offered motion, seconded by Mr. McBryde and carried unanimously, to approve the paving as recommended, by the adoption of a resolution. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF POND STREET. RESOLUTION NO. R1984-70. D. Consideration of the adoption of a resolution closing that portion of Maiden Lane From Seaboard Systems Railroad Company to Hay Street. Adoption of the resolution and order was recommended. The City Engineer presented this matter, and stated that, in accordance with the Prince Charles Hotel development plan, Maiden Lane needs to be closed. The effective date of the resolution for closing the street is to coincide with the transfer of title to the Prince Charles Development Company. The actual physical losing of this section of Maiden Lane to traffic would probably take place with the construction of the Prince Charles project. He stated that all property owners had been notified. There were neither proponents nor opponents present. Reverened Johnson offered motion, seconded by Mr. Dawkins, for approval of the foregoing by the adoption of the resolution. There was then some discussion, after which Mayor Hurley called for the vote, and it carried unanimously. RESOLUTION AND ORDER CLOSING A PORTION OF MAIDEN LANE. RESOLUTION NO. R1984-71. This concluded the public hearings. 3. Consideration of Request of Approval of Participation for the North Carolina Housing Finance Agency in Phase IV of the Lake in the Pines apartment development. Adoption of the resolution of approval was recommended. The City Manager presented this matter, and stated that the developer of these apartments has requested the City to approve and request use of North Carolina Housing Finance Agency (NCHFA) financing for Phase IV of the above development. The Planning Board has advised us that this development was approved by the Planning Board, and by the City Council, in 1976. No further City Council action will be required on this development (unless change were to be requested by the developer). NCHFA Financing assistance means that the interest rates on the loan to the developer are below market. The developer then contracts with NCHFA to pass this interest savings on to the occupants of the apartments in the form of lower rents. The apartment development would not receive any form of subsidy, according to NCHFA. According to the agency's regulations, eighty percent (80%) of the occupants must have gross annual incomes of $29,100.00 or less; and the other twenty percent (20%) must have gross annual incomes of less than $19,400.00, at the time they sign their initial lease. The agency also regulates the maximum amount of rent the developer can charge. The Planning Board indicates that the zoning of the site is suitable for the apartments. Following brief discussion, Mrs. Evans offered motion, seconded by Reverend Johnson and carried unanimously, to approve the foregoing as recommended; and to adopt the resolution. RESOLUTION REQUESTING AND APPROVING THE PARTICIPATION OF THE NORTH CAROLINA HOUSING FINANCE AGENCY IN THE FINANCING OF A HOUSING PROJECT TO BE LOCATED IN THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1984-72. 4. Consideration or acceptance for maintenance of a portion of Shannon Drive. Adoption of the resolution or approval was recommended. The City Engineer presented this matter, and stated that the City has received a request from abutting property owners to maintain the portion of Shannon Drive abutting the King George Apartment Complex. Shannon Drive to the north of this portion has been maintained. For many years; however, the portion abutting the King George Apartment Complex has not been maintained by the City the past. Other abutting property owners on the east side of this portion of Shannon Drive are also in agreement with this request. We are working with King Shopping Center owners concerning dedication and maintenance of shannon Drive and Carroll Street through the shopping center. We hope to have a report on this in the near future. We recommend adoption of the resolution. Mr. McBryde offered motion for approval of the foregoing by adoption of the resolution, seconded by Mr. Jones and carried unanimously. RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PORTION OF SHANNON DRIVE. RESOLUTION NO. R1984-73. 5. Consideration of approval of annexation reports for the following: A. Area 14 - Hilton Drive/Java Drive B. Area 15 - U.S. 401 Bypass/Sycamore Dairy Road C. Area 16 - College Lakes The recommended action was approval. The City Attorney presented this matter, and recommended separate approval for each area; and that the motion be that the City Council approve the report, and make a copy available in the office of the City Clerk, in accordance with G.S. 160A-49(C). Area 14 - Mr. Wofford offered motion that the City Council approve the report, and make a copy available in the office of the City Clerk, in accordance with G.S. 160A-49(C). Motion was seconded by Reverend Johnson and carried unanimously. Area 15 - Mr. Dawkins offered motion that the City Council approve the report, and make a copy available in the office of the City Clerk, in accordance with G.S. 160A-49(C). Motion was seconded by Reverend Johnson and carried unanimously. Area 16 - Mr. McBryde offered motion that the City Council approve the report, and make a copy available in the office of the City Clerk, in accordance with G.S. 160A-49(C). Motion was seconded by Mr. Dawkins and carried unanimously. 6. Consideration of amendment to the Fayetteville City Code, Sections 20-17 and 20-18, concerning the registration period and expiration date of auto license decals. It was recommended that the ordinance be adopted. The City Manager presented this matter, and stated that he had received a memo from Mr. William Epps, Finance Director, wherein Mr. Epps recommended changing Section 20-17 from “The period of registration shall be the City's fiscal year beginning July 1st of each year", to read “The period of registration shall be the twelve months starting September 1st, and ending August 31st of the following calendar year." In the above-mentioned memo, Mr. Epps also recommended changing Section 20-18, from “The decal shall expire forty-five days after the end of the fiscal year for which it was issued", to read “The decal shall expire forty-five days after the end of the period of registration in Section 20-17." The current dates in the code are creating a log jam in the Accounting Division of Finance during July and August. This causes a shift of personnel from the Financial Audit to the collection and accounting for license decals. In addition, temporary personnel have to be hired to handle the decal function and collection or privilege licenses which falls due at the same time. The shifting of these dates will enable the Finance Department to utilize its professional personnel in a more efficient manner. Mr. Dawkins then moved for adoption of the amendment as recommended, seconded by Reverend Johnson. Mr. Dawkins asked about license plates, and this was discussed briefly. Mr. Wofford suggested coordinating the issuance of decals with the calendar year, and this was discussed briefly. Mr. Jones asked about persons whose automobiles displayed no decals, and this was discussed briefly. Mayor Hurley suggested that consideration be given to a commemorative Dogwood City tag, and this was discussed briefly. Mayor Hurley then called for a vote on the motion, and it carried unanimously. AN ORDINANCE AMENDING CHAPTERS 20-17 AND 20-18 OF THE FAYETTEVILLE CITY CODE, CONCERNING THE PURCHASE OF CITY DECALS. ORDINANCE NO. S1984-16. 7. Consideration of amendment of Section 9-10 of the Fayetteville City Code, Contractors Bonds. The recommended action was adoption of the ordinance. The City Engineer presented this matter, and stated that when Chapter 9 was recently adopted, it was our intent to raise the amount of the surety bond required of contractors who are licensed in the City. In doing so, I created a requirement for a performance bond, rather than what had previously been required. I have sought the input of the insurance and bond industries, and have discussed with them what we want. The bond we have been accepting will continue to be sufficient. The proposed amendment deletes the performance bond language, and keeps the $10,000.00 requirement. The reason for the increased amount is that building costs have escalated considerably since the original ordinance was adopted (probably in 1950). Following brief discussion, Mrs. Evans moved for adoption of the ordinance, seconded by Reverend Johnson and carried unanimously. AN ORDINANCE AMENDING SECTION 9-10, “BOND REQUIREMENT OF CONTRACTORS", OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1984-17. 8. APPOINTMENTS: A. Consideration of request from Human Services Commission for replacement of a member. Mayor Hurley called Council's attention to the letter from Mr. Theodore Kinney, Chairperson of the Human Services Commission, calling attention to the fact that a member, Mr. Lester Shaw, has missed eight consecutive meetings. It is the general consensus of the Commission body that his position be refilled immediately, in accordance with the provisions of the code. It was noted that, at the last meeting, two vacancies existed on this commission; and that Mr. Tom Snell had been nominated for one. Mr. Dawkins then offered motion, seconded by Mr. McBryde and carried unanimously, to appoint Mr. Tom Snell to complete the term of Mrs. Ida Ross on the Human Services Commission, such term running to March, 1986. Following further discussion, there were no nominations for the position of Mr. Lester Shaw; and this was put aside until the next meeting of the Council. Mr. Wofford then suggested that vacancies on the City commissions be publicized, and applications received and reviewed by a nominating committee. Mr. Dawkins agreed to this suggestion, and there was a brief discussion by the City Council. B. Nominations to fill the following terms of office, which will expire in June, 1984: 1. Educational Development Advisory Committee - 3 Vacancies 2. Airport. Commission - 3 Vacancies 3. Public Works Commission - 1 Vacancy 4. Public corks Commission Retirement Plan - 1 Vacancy 5. Joint Planning Board - 1 Vacancy 6. Revitalization Commission - 4 Vacancies There was then some discussion of the Educational Development Advisory Committee vacancies; and Mayor Hurley suggested that Mrs. Warner, his secretary, check on this commission for activity with Dr. Womble's office. Item 2 - Airport Commission: Mrs. Evans nominated the three Incumbents--Joseph Pillow, Cyrus P. Earnnardt, Jr., and Charles C. Clark. Item 3 - Public Works Commission: Mr. Dawkins nominated incumbent, Mr. James Warner. Item 4 - Public works Commission Retirement Plan: Reverend Johnson nominated incumbent, Mr. J. V. Parham. Item 5 - Joint Planning Board: Mr. McBryde nominated incumbent, George Armstrong. Item 6 - Revitalization Commission: Mr. McBryde nominated General John Rose. Mr. Dawkins nominated Mr. W. A. Bissette. Mr. Wofford nominated Mr. John Rose. Reverend Johnson nominated Mr. Willie Lewis. Mr. Wofford then precipitated a discussion on whether or not the persons nominated have agreed to serve; and this was discussed for some period of time. There were no further nominations to the Revitalization Commission. Mayor Hurley stated that the foregoing nominations would be considered at the next meeting. 9. DELEGATIONS: Council recognized Mr. Clinton Harris, who stated that the streets in the City are in poor condition, and that D.O.T. did not complete the Rowan Street project. He stated that this street needs to be cleaned. He stated that there is also a Phillips 66 service station on McPherson Church Road; and asked if access to this station is across City sidewalks, and whether they are on street right-of-way or private property. The City Engineer was requested to check this. Mr. Harris stated that there is also a building next to it, and asked if they are using sidewalks for construction. Planner Al Mitchell stated that sidewalks are in the site plan. Council then recognized Mr. Hyman Fleishman, who stated that the City has a dog law, but that people are being disturbed. He stated that the law is hard to enforce. He requested Council to do something about it. He stated that cases are constantly being continued in the courts. He stated that he has a problem in his own neighborhood, and that nothing is being done about it. He requested Council to consider a law concerning uncontrolled animals, in which warnings are issued. He stated that he had actually received threats from dog owners in his neighborhood. He requested Council's serious consideration of this matter. Mayor Hurley asked Captain Bill Johnson of the Police Department about the number of calls received concerning dogs. Captain Johnson stated that he did not know this, but that he could provide information to the City Manager. The City Attorney stated that the police officer must hear the barking for ten minutes, and can then issue a warrant. Mr. Fleishman stated that the officers should handle these matters, and not the citizens. Mr. Wofford suggested turning this matter over to the staff, the City Attorney, and the Police Department, so that they may study same and recommend possible solutions. Mr. Fleishman suggested giving dog owners a brochure at the time they secure a license. Mr. Jones agreed on giving a warning ticket. Mr. Dawkins stated that special consideration should be given at night. Reverend Johnson also suggested checking people for disturbances. Mayor Hurley advised Mr. Fleishman that the matter was under consideration; and Mr. Fleishman thanked the Council for the hearing. Council then recognized Mr. Bob West, who asked if the Council had considered his question on the clearing of lots, which he brought at up at a prior meeting. The City Attorney stated that this incident had happened in 1982, and that the ordinance allows the property owned to be notified, and given seven days; and that, if the lot is not cleared within this period of time, the City does the lot clearing, and bills the property owner for it. If the bill is not paid, then legal action is taken. He stated that Mr. West was sent a registered letter, and the records indicate that it was received; so the lot was cleared. He concluded by stating that the lot also needs clearing again at this present time. Mr. West then stated that seven days was not enough time to have a lot cleaned. The City Attorney stated that the bill was paid by the Inspection Department, and that said bill was then turned over to him for collection from Mr. West. Mayor Hurley requested the City Attorney to check the length of time provided by the ordinance. Mr. McBryde suggested that the letter sent to the property owners in these cases provide for the request for an extension of time. Mr. Wofford stated that seven days, under the present ordinance, may be enough, except in certain circumstances. There was then a general discussion of this matter. The City Attorney advised the Council that he is presently taking cases to court for collection. Following some further discussion, Mayor Hurley proposed that Mr. McBryde's suggestion of a letter which would provide for the request of an extension of time be given consideration; but that said extensions not be unlimited. Mayor Hurley then advised Mr. West that, in view of the discussion of this matter, it was being taken under consideration. 10. CITY MANAGER'S REPORTS: A. Presentation of the 1984-85 Recommended Budget. The City Manager made some general comments, and displayed projections. He stated that he would go into detail tomorrow night. He stated that the property tax would be the same as would be the special district tax. He stated that the sales tax was significant. He stated that the state shared taxes were to be considered. He stated that licenses, transfers, grants, and the fund balance were given consideration. He also commented on the interest which the City earns on investments. He also commented on transfers within the budget. He then displayed projections of expenditures by the City. There was then some general discussion. The City Manager then explained the proposed pay package for the coming fiscal year. There was then some further discussion. Following this discussion, the City Manager stated that the entire budget would be discussed further tomorrow night, at the Budget Hearing. B. Interim Report on proposed baseball stadium. The City Manager offered some general comments, which were included in his memorandum to the City Council. He stated that a baseball stadium that would meet the needs of a minor league franchise, as well as meeting other needs, is certainly part of a well-rounded sports and athletic complex. He stated that it should not, however, be viewed in isolation. He recommended that the City move ahead with its planning to construct such a stadium; and that the facility be included in a major sports and athletic complex, to be located on a site which can accommodate multiple sports and athletic functions. The site needs to be large enough for more than just a stadium and its parking requirements. The site needs to be one which will attract not only baseball fans, but participants in other activities as well. In other words, the planning, beginning with site location, financial packaging, design, construction and management, should be for a whole complex, and not just for a baseball stadium. In order to proceed along these lines, more time will be needed, as well as the development of a more complex financing package. (For additional details, see the report attached to the original of these minutes.) C. Request for July 4th fireworks display from Cross Creek Merchants Association and Eutaw Shopping Center Merchants Association, Inc. Mrs. Evans offered motion for approval of both of the foregoing requests, seconded by Reverend Johnson and carried unanimously. 11. MATTERS OF INTEREST TO THE COUNCIL: Reverend Johnson stated that the Economic Development Commission will meet and consider goals and objectives, with Council's approval. Mr. Dawkins stated that the Chamber of Commerce, with the County, had put on a good workshop in this respect; and that it was very informative. Mr. Dawkins stated that the Police Department, the Fire Department, and Fort Bragg had done a good job last Saturday night; and that he wished to make public his comment to this effect. Mr. Dawkins informed the Council that, in the recent jogging event, the Mayor did jog one and one-half miles. Mr. Dawkins stated that he and his wife had walked the distance. Mrs. Evans agreed on the Economic Development Commission's request. Mr. Jones extended thanks to the City Engineer and others for the lights on Rosehill Road. Mayor Hurley commended the Recreation and Parks Department on the Mazarick Memorial Park addition. Mr. Jones also commended them for the stage provided for the Shriners Convention. Mayor Hurley extended thanks to the City Engineer for the flags on the bridge, and also to the Fire Department for the fire trucks for the River Renaissance. Mayor Hurley reminded Council about Mayor's Day in Raleigh next Tuesday, and asked all who could to attend. Mayor Hurley stated that July 1st is Employees' Picnic Day, and encouraged all who could to attend. Mayor Hurley then extended thanks to the Police Officer for being present at the meeting this evening. Mayor Hurley also mentioned the removal of campaign posters following the run-off tomorrow. Mayor Hurley also commented to the City Engineer regarding the weeds along Use streets and highways in the City, and requested that this be checked. Mayor Hurley reminded Council about the budget meetings tomorrow night and Thursday night at 7:00 p.m., at the Kyle House. Mayor Hurley stated that he would then entertain a motion that Council convene into executive session; and Mr. Jones offered motion, seconded by Mr. McBryde and carried unanimously at 9:15 p.m., that Council enter into executive session to consider matters concerning litigation, personnel, and the selection of an architect. Council then reconvened into regular session at 9:45 p.m., and adjourned, upon motion made and duly seconded. SPECIAL MEETING TUESDAY, JUNE 5, 1984 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING KYLE HOUSE CONFERENCE ROOM TUESDAY, JUNE 5, 1984 7:00 P.M. Present: Mayor John W. Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager William F. Epps, Finance Director Mayor Hurley called the meeting to order and the invocation was offered by Councilmember Johnson. Councilmembers stated that they had reviewed the summary budget and that they would like to use this budget session to express their goals and priorities for the 1984-85 fiscal year. Each Councilmember then expressed his particular concerns: Councilmember Wofford: Ensuring success of the Transit Mall after completion; improving the visual image of the City; maintaining sidewalks. Councilmember Evans: Increasing the amount of money allocated to repaving streets to a minimum of $500,000 per year. Councilmember Jones: Considering paving streets without curb and gutter on a test basis. Councilmember Dawkins: Reviewing our progress on paving unpaved streets; computerization of traffic signal system. Councilmember Johnson: Reducing the width of paved streets in order to pave more streets; computerization of traffic signal system; upgrading the Mayor's Office; increasing the number of information meetings; maintaining sidewalks. Mayor Hurley: Renewed emphasize on paved sidewalks; improvement of train station and Liberty Point area. Upon motion by Councilmember McBryde, seconded by Councilmember Dawkins, and carried unanimously, the meeting was recessed until 7:00 p.m., Thursday, June 7, 1984 in the Kyle House Conference Room. SPECIAL MEETING THURSDAY, JUNE 7, 1984 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING KYLE HOUSE CONFERENCE ROOM THURSDAY, JUNE 7, 1984 7:00 P.M. Present: Mayor John W. Hurley (arrived at 7:40 p.m.) Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, Jimmie Jones (arrived at 8:05 p.m.) John P. Smith, City Manager Roger L. Stancil, Assistant City Manager William F. Epps, FinanCe Director Mayor Hurley called the meeting to order and Councilmember Evans offered the invocation. Council discussed the possibilities of providing for Cost-of-living increases for Councilmembers' salaries in future budgets. Council also reviewed requests from outside organizations for funding. Council expressed general agreement with the recommended level of funding for each organization and asked that the organizations be notified of their opportunity to speak at the public hearing scheduled for the regular meeting of June 18, 1984. Emphasis was placed on the development of a Contract with each organization before funds are released. Councilmember Johnson expressed a desire for the Council to develop a policy on funding activities related to the quality of life. Upon motion by Councilmember McBryde, seconded by Councilmember Wofford, and carried unanimously, the meeting was recessed until 7:00 p.m., Thursday, June 14, 1984 in the Kyle House Conference Room. SPECIAL ANNEXATION MEETING MONDAY, JUNE 11, 1984 SPECIAL ANNEXATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 11, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Marland C. Reid, Acting City Attorney Absent: Robert C. Cogswell, Jr., City Attorney Mayor Hurley called the meeting to order, and Councilman J. L. Dawkins offered the invocation. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then issued a welcome to all present this evening, and stated that this is the annexation public hearing for Area Number 6, Holiday Park. Mayor Hurley also welcomed attorney Marland Reid to the meeting this evening. Mayor Hurley then called on Assistant City Manager Roger Stancil, who gave a broad overview concerning the area proposed for annexation, and stated that this procedure is the one as required by N.C.G.S. 160A-47, and 160A-49. Mr. Stancil stated that all property owners had received written notice of this public hearing. (The Certification of Notice of Annexation Public Hearing, Area 6, Holiday Park, is on file with the original of these minutes.) Mr. Stancil stated that all of the information pertaining to this proposed annexation has been on file for review in the City Clerk's office, as required. Mr. Stancil then recognized the following department heads present in the audience this evening: Bob Bennett, City Engineer; Wilbur Johnson, Fire Chief; Clark Dill, Sanitation; George Vaughn and Bobby McCormick, Planning Department; Jack Wilson, Recreation and Parks Department; Jerome Brown, Transit Department; Captain Fred Truitt, Police Department; William Epps, Finance Department; and Tim Wood, PWC. Mr. Stancil then stated that the annexation report which has been on file outlines how the City will provide services and other pertinent information. He read extracts from the report. (A copy of this report is on file in the City Clerk's office.) Mr. Stancil displayed a map of the area, designating police protection, fire protection, recreation and parks programs, sanitation and garbage pickups, and transit service which will be provided to the area. Mr. Stancil also displayed tax costs comparisons on the screen for the services provided inside the City and outside the City. Mr. Stancil then called on Mr. Tim Wood, Assistant City Manager for PWC, who commented on PWC services available in the area. He commented on the savings on the rates inside the City, as compared to outside the City. He commented on street lights and sanitary sewer services. He displayed a projection which provided cost information. He stated that water service is available, and also fire hydrants. Mr. Wood also displayed a map of the proposed sanitary sewer main extensions, and stated that service will be available to the area within two years. This completed the staff presentation, and the Mayor stated that he would now hear comments from any person in the audience, proponent or opponent, to this proposed annexation. Council recognized Mr. Henry R. Patterson, of 2906 Catalina Road, in Holiday Park, in the area proposed for annexation. Mr. Patterson stated that he wants all services that the City has to offer. Commenting on the taxes, he stated that it is cheaper to reside inside the City rather than outside the City. He stated that the residents of his area have health problems with sanitary sewer and septic tanks. He stated that a portion of the area is inside City, and a portion outside, because of opposition. He requested that the City annex the area. He stated that the area wants and needs police protection, and cited examples of recent problems. Mr. Patterson stated that, with annexation, insurance premiums on their property would be less. He stated that he fully supports annexation by the City. Mayor Hurley then recognized Mr. Clinton Harris, 2793 Alden Road. Mr. Harris stated that he lives inside the City, but is not a resident of the area proposed for annexation. Mr. Harris asked if the sidewalk policy as contained in the annexation report is correct. The City Manager replied in the affirmative. Mr. Harris stated that the policy is a three dollar fee. The City Manager reiterated that the policy as shown on the annexation report is correct, and that the maximum cost to a property owner is three dollars per foot for sidewalks. Mr. Harris then presented some statistics of his own, and stated that he is opposed to the proposed annexation. Mr. Harris commented on the voting strength in the area. Mr. Harris concluded by stating that there are other areas of the City that need improvements too. Mayor Hurley then asked if there were others in the audience who wished to be heard; and there were none. Therefore, Mayor Hurley declared the public hearing portion on Area 6, Holiday Park, completed. In response to question from Mayor Hurley, the City Manager stated that this is all of the action that City Council can take at this time, and must wait at least ten days prior to consideration of the adoption of an annexation ordinance. Mayor Hurley then adjourned this special annexation public hearing at 7:30 p.m. upon motion made and duly seconded. SPECIAL MEETING THURSDAY, JUNE 14, 1984 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING KYLE HOUSE CONFERENCE ROOM THURSDAY, JUNE 14, 1984 7:00 P.M. Present: Mayor John W. Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, Jimmie Jones. John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Mayor Hurley called the meeting to order. Upon motion by Councilmember Dawkins, seconded by Councilmember McBryde and carried unanimously, the Special Meeting of June 7, 1984 was reconvened. City Manager Smith first distributed a summary of typographical and administrative errors in the Recommended Budget. He also discussed an analysis of Fleet Maintenance costs over the last four years. Councilmembers then discussed the following items: Appropriation of funds for renovations to the Kyle House. A feasibility study on constructing a new City Hall. Time schedule for improving the parking lot behind the Department of Social Services. Councilmember salaries. Mayor's expense account to be renamed City Promotion Fund. Council travel expenses. Outside organizations. Upon motion by Councilmember McBryde, seconded by Councilmember Jones and carried unanimously, the meeting was recessed until 7:00 p.m. on Tuesday, June 26, 1984, in the Council Chamber of City Hall. REGULAR MEETING MONDAY, JUNE 18, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 18, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Marland C. Reid, Acting City Attorney Absent: Robert C. Cogswell, Jr., City Attorney Mayor Hurley called the meeting to order, and issued a welcome to all who were present. Mayor Hurley then called on Mr. Clyde McGill, Vice-President of the Full Gospel Businessmen's Association, for the invocation. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mrs. Evans requested and received permission to abstain from voting on Item 3-A. Mr. Dawkins requested and received permission to abstain from voting on Items 3-B and 9. Mayor Hurley then recognized Fayetteville Youth Council members Jan Slattery, Elizabeth Croll, and Carol Hudspeth, present in the audience. Mayor Hurley stated that the City Manager had requested an executive session at the end of this meeting, to consider a personnel matter only. At the request of the City Manager, Consent Item 1-G was pulled. Mr. Wofford then offered motion to approve all consent items except 1-G; seconded by Mr. Dawkins and carried unanimously. 1. CONSENT: The consent items appear below: A. Approval of minutes of the regular meeting of June 4, 1984. B. Approval of minutes of the special meeting of June 5, 1984. C. Approval of minutes of the special meeting of June 7, 1984. D. Approval of minutes of the special meeting of June 11, 1984. E. Approval of Ascot Subdivision, Section 3, Part I, in a Planned Neighborhood District (PND) for preliminary and final subdivision review for an area located west of U.S. 401 North (Raleigh Road), north of McArthur Road. F. Approval of the Cumberland County Board of Education Subdivision in an R6 residential district for a preliminary and final subdivision review for an area located on the north side of Cumberland Mills Road, east of Owen Drive. G. Item G had been pulled. H. Approval of Duck's Nest Subdivision, Section II, in an R10 residential district for preliminary and final subdivision and zero lot line development review for an area located on the northwest corner of Purdue Drive and Woodwind Drive intersection, west of Village Drive. I. Approval of Saliba Medical Village Condominiums in an P1 professional district for a preliminary and final condominium review for an area located on the southeast corner of the Medical Drive and Saliba Lane intersection. J. Approval of request for compromise of taxes and late listing penalties in the amount of $228.45. K. Award of contract for purchase of safety shoes to Airweld, Inc. (the low bidder), for their bid of $7,133.00. L. Adoption of resolution accepting certification of sole owner petition for annexation of an area adjacent to Country Club North, Section IV; and set public hearing for July 2, 1984. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED - COUNTRY CLUB NORTH, SECTION IV. RESOLUTION NO. R1984-74. M. Set public hearing for July 16, 1984, to consider a Downtown Redevelopment Loan to Walter Vick for Numbers 1-7, Market Square Building. G. Council then considered Consent Item 1-G, which was approval of Bojangles restaurant in a C1P shopping center district for preliminary and final site plan review, for an area located southeast of the Boone Trail Extension and Owen Drive intersection. Planner Al Mitchell presented this matter, and stated that the Planning Board recommended conditional approval. Council recognized County Attorney Neil Yarborough, who stated that the County has a library located on a portion of this property, and needs additional time to prepare for the new construction. Mr. Yarborough stated that he was representing the County, as well as the attorney for Bojangles, who could not be present this evening. Mr. Yarborough requested approval of this matter; and also requested that the Bojangles building be moved fifteen feet forward toward Owen Drive, stating that this request had the consent of Bojangles. Mr. McBryde offered motion, seconded by Reverend Johnson and carried unanimously, to approve the foregoing matter as requested. 2. PUBLIC HEARINGS: A. Consideration of designation by ordinance of the following historic properties (joint public hearing between Fayetteville City Council and Historic Properties Commission): 1. 110 Bradford Avenue (McMillan-Rankin House) 2. 321 Arch Street (Dudley W. Townsend House) 3. 330 Dick Street (William McDiarmid House) 4. 211 Rankin Street (Sandlin Warehouse) 5. 405 Hay Street (Huske Hardware) 6. 417-421 Hay Street (The Huske Building) Approval of the ordinances was recommended. Mayor Hurley stated that he had received a request from the owner of the 321 Arch Street location, that it be referred to as the “Arch Street House". Council recognized Mrs. Rosalie Kelly, of the Historic Properties Commission, who requested approval of all of the proposed ordinances. There was no opposition present. Mr. Dawkins offered motion to adopt all of the foregoing ordinances as requested; seconded by Mrs. Evans and carried unanimously. AN ORDINANCE DESIGNATING McMILLAN-RANKIN HOUSE AS AN HISTORIC PROPERTY, PURSUANT TO SECTION 2-54 OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. NS1984-24. AN ORDINANCE DESIGNATING DUDLEY W. TOWNSEND MOUSE (ARCH STREET HOUSE) AS AN HISTORIC PROPERTY, PURSUANT TO SECTION 2-54 OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. NS1984-25. AN ORDINANCE DESIGNATING WILLIAM McDIARMID HOUSE AS AN HISTORIC PROPERTY, PURSUANT TO SECTION 2-54 OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. NS1984-26. AN ORDINANCE DESIGNATING SANDLIN WAREHOUSE AS AN HISTORIC PROPERTY, PURSUANT TO SECTION 2-54 OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. NS1984-27. AN ORDINANCE DESIGNATING HUSKE HARDWARE HOUSE AND HUSKE BUILDING AS HISTORIC PROPERTIES, PURSUANT TO SECTION 2-54 OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. NS1984-28. B. Public hearing on questions of annexation for Area 4 (Owen Drive/Cumberland Road). Mayor Hurley stated that he would hear both proponents and opponents during the hearing. Assistant City Manager Roger Stancil presented this item, and advised of certification of notice of annexation public hearing, per state statute. Mr. Stancil exhibited a map of the area, and stated that the annexation report had been on file in the City Clerk's office, as required. Mr. Stancil introduced several department heads present this evening to answer any questions. He stated that PWC Assistant Manager Tim Wood is also present to answer comments concerning utilities. Mr. Stancil then stated that police, fire, transit, and recreation and parks facilities would now be available in this area. Mr. Tim Wood, PWC, then offered comments on the utilities services in the area. There were no proponents present. Mr. Clinton Harris, of 2793 Alden Street, not a resident of Area 4, was recognized; and presented statements of opposition for all annexations. Mayor Hurley directed that the statements be handed to the Clerk; and that they be made a part of the record. These statements are on file in the City Clerk's office. C. Public Hearing on questions of annexation for Area 4A (2600 Owen Drive). Mr. Stancil gave certification of notice of annexation public hearing on this area, per state statute. He exhibited a map of the area. He stated that the annexation report had been on file in the City Clerk' s office for observation, as required. He stated that police, fire, transit, and recreation and parks services would now be available to the residents of this area. Mr. Tim Wood again commented on the utilities services available in the area. There were no proponents present. Mr. Harris opposed. D. Public hearing on questions of annexation for Area 4B (2650 Owen Drive). Mr. Stancil presented this matter also, and gave certification of notice of annexation public hearing, per statutory requirements. He exhibited a map of the area; and indicated that police, fire, transit, and recreation and parks services would now be available to residents of this area. He stated that the annexation report had been on file in the City Clerk's office, as required. Mr. Wood also commented on utilities services in this area. There were no proponents present. Mr. Harris opposed. E. Public hearing on questions of annexation of Area 5 (Owen Drive/Seaboard Coastline). Mr. Stancil also presented this matter, and gave certification of annexation public hearing, per statutory requirements. He exhibited a map of the area; and indicated that police, fire, transit, and recreation and parks services will be available to residents of this area. He also stated that the annexation report had been on file in the City Clerk's office, as required. Mr. Tim Wood again exhibited a map, and commented on the utilities services in this area. There were no proponents present. Mr. Harris opposed. F. Public hearing on questions of annexation for Area 13 (Law Road/Longview Drive). Mr. Stancil also presented this matter, and gave certification of notice of annexation public hearing, as required by statute. He exhibited the area on a map; and indicated police, fire, transit, and recreation and parks services which would be available to residents of this area. He stated that the annexation report had been on file in the City Clerk's office, as required. Mr. Tim Wood also exhibited a map, and commented on the utilities available. There were no proponents present. Mr. Harris opposed. G. Public hearing on questions of annexation for Area 13A (307 Longview Drive). Mr. Stancil also presented this matter, and gave certification of notice of annexation public hearing, per state statute. Mr. Stancil exhibited a map of the area; and indicated police, fire, garbage, transit, and recreation and parks services available to residents of this area. He stated that the annexation report had been on file in the City Clerk's office, as required. Mr. Tim Wood also exhibited a map, and commented on the utilities services in the area. There were no proponents present. Mr. Harris opposed. H. Consideration of a resolution requiring the paving without a petition of “C" Street, from Person Street to Adams Street. Adoption of the final resolution was recommended. The City Engineer presented this matter, and stated that a public hearing was set on May 7, 1984 for this date, to consider paving this one block of “C" Street without petition. The remaining portion of “C" Street was paved several years ago. It will be necessary to acquire a minor amount of right-of-way. He stated that the “C" and Adams Streets Church of God had requested this paving, due to the poor condition of this portion of the street. The City Engineer stated that all property owners had been notified of this public hearing; and recommended approval of this project as a part of the ongoing street paving program. There were neither proponents nor opponents present. Mrs. Evans then offered motion for approval of this matter by adoption of the resolution; seconded by Mr. McBryde and carried unanimously. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF “C" STREET. RESOLUTION NO. R1984-75. I. Consideration of an application by Barbara Jean Spigner for a special use permit as provided for by the City of Fayetteville Zoning Ordinance, Section 32-24, Item 5; to allow the operation of a convalescent home in an R6 residential district for an area located at 205 Scott Avenue. The Planning Board recommended approval. Planner Al Mitchell presented this matter, and stated that the Planning Board recommended conditional approval; and that, if such approval is made, a finding also must be made that the proposed development is not detrimental to the neighborhood. He stated that the purpose of this special use permit is to permit an increase of from five to nine resident persons in the designated location. Council recognized Mr. Howard Hagbowie, a resident of Scott Avenue, in opposition to this project. Council also recognized a Mr. John McNeil, also a resident of Scott Avenue, in opposition to this project. Council recognized a Mrs. Elizabeth Henderson, of 1860 Gola Drive, who spoke for Mrs. Spigner in favor of the project. Council then recognized Barbara Spigner, operator of the home, in favor of the project. There were then questions put by the Council to Mrs. Spigner concerning this special use request. Council also directed questions to the City Manager, and to Captain Truitt of the Police Department, who informed Council that they had received no complaints from the area. There was then a detailed discussion with Planner Mitchell concerning this request. Following this discussion, Mrs. Evans offered motion to continue this public hearing to the next regular meeting of the City Council; seconded by Mr. Wofford and carried unanimously. J. Mayor Hurley stated that Item J, an application by World Faith Clinic for a special use permit, had been deleted from the agenda this evening, in view of the fact that the public hearing was actually scheduled for July 2, 1984. Mayor Hurley then declared a five-minute recess. K. Consideration of proposed 1984-85 City of Fayetteville Recommended Budget. Mayor Hurley recognized the City Manager, who certified to the Council that the budgets have been advertised and are on display in the City Clerk's office, as required by General Statute. The City Manager presented the fund figures and purpose, for Council's information. Mayor Hurley stated that he would then hear from persons in the audience who were interested in speaking. Mr. Dave Wilson, of 6326 Morganton Road, was recognized; and presented information to the Council for the Cumberland County Clean Community Committee, in support of their budget request. He stated the purpose of their committee, and requested that $10,000.00 be set aside for them in the budget this year. Mayor Hurley thanked Mr. Wilson for his comments. Mayor Hurley then recognized Mr. Paul Eaglin, 3933 Rosehill Road, representing the Arts Council of Fayetteville-Cumberland County, Inc. Mr. Eaglin handed out information to the City Council; and requested $25,000.00 for this year. Mr. Eaglin also introduced the Director, and the Board of Directors, present in the audience this evening. Questions were then directed to Mr. Eaglin by the Council. Following these questions, Mayor Hurley thanked Mr. Eaglin for his presentation. Council then recognized Mr. Horace Thompson, of 506 Thorncliff Drive, representing the Olde Fayetteville Association. Mr. Thompson stated the purpose of this organization; and gave detailed information regarding their operation in the City and community area, in behalf of their budget request of $42,000.00. Council then directed questions to Mr. Thompson regarding this request. Following these questions, Mayor Hurley thanked Mr. Thompson for his presentation. I. Consideration of the 1984-85 Revenue Sharing Budget. The City Manager presented this matter, and stated that this budget had also been advertised, as required by statute. He presented the funding amounts, and the purpose of each fund. He stated that the budget has been and is now on file in the City Clerk's office, as required. There were no comments front the audience. 3. PLANNING BOARD MATTERS: A. Consideration or Wythe Village in an R10 residential district for preliminary and final subdivision and zero lot line development review for an area located east of Ramsey Street, on the north side of Tokay Drive. The Planning Board recommended conditional approval. Planner Al Mitchell presented this matter, and reiterated that the Planning Board recommended conditional approval. Mr. Mitchell displayed a projection of tie proposed village. There was then some discussion of this matter. The City Manager offered comments on the zero lot line development requirement. There was then some further discussion of this matter. Mayor Hurley recognized Mr. Tony Brill, of 603 Tokey Drive, representing that Council delay this matter for some period of time. Mr. Brill stated that there were approximately ten residents of the area present in the audience. A Mrs. Laura Lewis, of 404 Glenola Street, was recognized in opposition. Mr. Robert Carter, of 504 Tokay Drive, was recognized in opposition. There was then some considerable discussion with the City Engineer regarding drainage in the area. Mayor Hurley then recognized Mr. Michael Starling, of 223 Valley Road, the jet developer of the project; who stated that the drainage in the area had been provided for by his firm by the retention of an engineer. There was then a very detailed and lengthy discussion of the project between Mr. Starling and the Council. Following this discussion, Mr. McBryde offered motion for conditional approval of the project as recommended; seconded by Mr. Dawkins. Mayor Hurley then called for a vote on the motion, and it was as follows: for the motion, Councilmembers Wofford, McBryde, Dawkins, and Mayor Hurley; against the motion, Councilmembers Johnson and Jones; Mrs. Evans abstaining. Mayor Hurley declared the motion carried. Mayor Hurley then recognized Mr. David McMillan, of Tokay Drive, with comments on the zero lot line development, and a request that Council study this matter. Mr. Wofford stated that he agreed with the zero lot line development study. Planner Mitchell stated that a study of this is already planned. B. Consideration of courtyards in an R10 residential district for preliminary and final subdivision and zero lot line development review, for an area located north of Morganton Road, east of Courtyard Lane. The Planning Board recommended conditional approval. Planner Al Mitchell presented this matter, and stated that the Planning Board recommended conditional approval, with variance request in Item 8 of the memo. Mr. McBryde offered motion, seconded by Mr. Jones, for conditional approval as recommended; motion carried, with Mr. Dawkins abstaining. 4. PUBLIC WORKS COMMISSION MATTERS: A. Consideration of Public Works Commission Budget Amendment No. 3. PWC Assistant Manager Tim Wood presented this matter, and stated that the total amount of the amendment was $7,507,219.00. He stated that it involved investments, cost of purchase power, more fuel used due to the winter conditions, water and sanitary sewer expenses, and inventories for the same departments. Mr. Jones offered motion, seconded by Mr. Dawkins and carried unanimously, to approve the amendment as requested by PWC. 5. Consideration of adoption of the following Capital Projects Ordinances: A. CAP 84-13 Street State Aid - Bridge Repair B. CAP 84-12 Powell Bill - Street Construction - Petitions C. CAP 84-11 Revenue Sharing - Cross Creek Park Development D. CAP 84-10 Person Street Parking - Revenue Sharing E. CAP 84-09 Revenue Sharing - Police Fire Training Center F. CAP 84-08 Revenue Sharing - Southeast Fayetteville Gravity Drainage System G. CAP 84-07 Powell Bill/Revenue Sharing - Digital Controlled Traffic Signal System Adoption of the ordinances was recommended. The City Manager presented this matter, and stated that the ordinances and the following amendments transfer funds appropriated by the City Council in the 1983-84 Budget into the appropriate project ordinances. Adopting these ordinances and amendments before the end of the fiscal year clears the funds out of the operating budget, so that we do not have to re-appropriate the same funds after July 1st. Mrs. Evans offered motion for adoption of the Capital Project Ordinances A - G, as recommended; seconded by Mr. Dawkins and carried unanimously. 6. Adoption of Amendments to Capital Project Ordinances, as follows: A. Change No. 84-4 (CAP 9) Renovation of Transit Portion of Garage Facility B. Change No. 84-4 (CAP 3) Additional Funding for Sidewalk Program C. Change No. 84-4 (CAP 7) Market Square Beautification D. Change No. 84-4 (CAP 1) Street Construction from Hay Street to Russell Street E. Change No. 84-4 (CAP 10) Redevelopment of Hay Street F. Change No. 84-4 (CAP 18) Construction Engineering Maintenance Building G. Change No. 84-4 (CAP 7) Maiden Lane Park Adoption of the amendments was recommended. The City Manager also presented this matter; and stated that the use of these funds had been previously approved on May 29, 1984, with the exception of the amendment to the Maiden Lane Park. The low bid was considerably over the $145,000.00 budget for the project. The low bid was $225,384.40. $13,850.50 will be charged against the Pedestrian Linkage Project, leaving the bid $66,533.90 over budget. We have negotiated $43,533.90 out, leaving $23,000.00. He recommended that this amount be funded from the General Revenue Sharing contingency; and that the contracts be awarded. Mrs. Evans then moved for adoption of the Capital Project Amendments A - G, as recommended; seconded by Mr. Jones and carried unanimously. 7. Consideration of award of contract Number 17-300-83 - Maiden Lane Park Construction. A. General Construction - Bullard Construction Company $160,997.00 B. Electrical - King Electric Company $ 21,596.30 It was recommended to award the contracts to the foregoing low bidders. The City Engineer presented this matter, and stated that the low bid of Bullard Construction Company and the electrical bid of King Electric Company amount to more money than presently budgeted for the project. In conjunction with Mr. Jack Wilson, we have negotiated with the contractor to reduce or eliminate certain items; bringing the general construction base bid, with alternates, down to $168,747.80 for the work within the park area. There is an additional amount of construction to be done along Anderson Street at a cost of $13,845.50, which is planned to funded from the Pedestrian Linkages budget. We recommend awarding the contract for general construction work to Bullard Construction Company, for their low bid of $160,997.00. We also recommend awarding the contract for electrical work to King Electrical Company, for their low bid of $21,596.30. Mr. McBryde offered motion, seconded by Mr. Dawkins and carried unanimously, to award the foregoing contracts as recommended by the City Engineer. 8. Consideration of revision to the following Traffic Schedules: Traffic Schedule Number 6 - Stop Intersections Traffic Schedule Number 11 - Parking Prohibited Traffic Schedule Number 13 - Parking Zones Traffic Schedule Number 14 - Yield Right-of-Way Adoption of the ordinances was recommended. The City Engineer presented this matter, and stated that the revisions to the stop and yield intersections are an effort to correct our traffic ordinance errors and omissions in various areas of the City. These locations have been observed as a result of the ongoing sign maintenance program. The revisions to the No Parking Zone extend existing zones in our downtown area. A No Parking Zone extended in Russell Street is the result of a request by American Uniform Sales, Inc., due to various parking in front of their new business. The No Parking zone on Bow Street is being extended forty feet, to accommodate the new intersection layout recently implemented during the reconstruction of the intersection of Person and Bow Streets. We recommend the adoption of these ordinances. Reverend Johnson offered motion, seconded by Mr. McBryde, for adoption of the ordinances as recommended. There was then some discussion of the No Parking request. Following this discussion, Mayor Hurley called for the vote on the motion; and it carried unanimously. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE 6 - STOP INTERSECTIONS - VARIOUS LOCATIONS. ORDINANCE NO. NS1984-29. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE 11 - PARKING PROHIBITED - RUSSELL STREET AND BOW STREET. ORDINANCE NO. NS1984-30. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-89 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 13 - PARKING ZONES - BOW STREET. ORDINANCE NO. NS1984-31. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER 14 - YIELD RIGHT-OF-WAY - VARIOUS LOCATIONS. ORDINANCE NO. NS1984-32. 9. Consideration of request for participation in sidewalk construction in Woodlands Subdivision. Approval was recommended. The City Engineer presented this matter, and stated that we have received a letter from the developer of Woodland Subdivision, requesting the usual City participation in sidewalk construction. He is requesting construction on both sides of all streets within the subdivision a total length of about 9,800 feet. We estimate the total cost to be $78,000.00; with the developer's portion ($3.00 per linear foot) being $29,289.00, and the City's portion being estimated at $48,711.00. This is the first time a developer has come forth with a request for City participation in an entire single-family lot subdivision. The City has adequate funds in the current year Annual Sidewalk Improvement Program for this project. He concluded by recommending approval of the City's participation. Mr. Wofford offered motion for approval of the foregoing request for participation, as recommended; seconded by Mr. McBryde and carried, Mr. Dawkins abstaining from voting. 10. Award of contract for architectural services for the Transit Information Center. Award of the contract to Mr. Gordon Peebles was recommended. In a memo to the City Manager, the Assistant City Manager stated that a crucial element of the Olde Fayetteville Commons is the Transit Information Center, to be located at 222-226 Hay Street. This building was recently purchased for this purpose with funds from the Transit Mall grant. We issued a request for bids on architectural services which will be required to restore this building, in order to meet several goals. After a review of the proposals, and interviews by the Transit Mall Management Team of four architects who submitted proposals, I recommend that the contract for architectural services be awarded to Gordon E. Peebles, for a fixed fee of $10,000.00; subject to concurrence by UMTA and NCDOT. The architect will work closely with the Transit Mall Management Team in design and construction of the building. Plans will also be reviewed with the Revitalization Commission. Mr. McBryde then offered motion for approval of the foregoing contract with Mr. Peebles as recommended; seconded by Mr. Wofford and carried unanimously. 11. Consideration of an ordinance amending privilege license schedule. Adoption of the ordinance was recommended. The City Manager presented this matter, and stated that he had received a memo from Captain W. C. Johnson of the Police Department, who requested that Council consider a change to the revenue schedule, to include visual shows, shown individually with or without sound. This is an item which is featured in the adult bookstores, and which is not presently being taxed. It is also the largest money-producing item in the adult bookstores. There are two adult bookstores within the City at this time. Both stores are owned by H & D Management Company, Inc. The two stores contain a total of approximately thirty “peep machines". These are individual visual shows which seat one or two persons, but are built for one person; and normally have a twelve-inch square screen. It is recommended that the license tax be $25.00 per machine. The City Manager concluded by stating that the City Attorney recommended approval of this amending ordinance. Mrs. Evans then offered motion, seconded by Mr. Jones, to adopt the amending ordinance as recommended. During discussion which followed, Mr. Wofford offered comments on an overall license schedule review; and asked if the $25.00 fee is enough. During further discussion which followed, the City Manager stated that, if desired, the City Council can consider this matter at the Budget Session scheduled for June 26, 1984. Following some further discussion, Mr. Wofford offered substitute motion that we defer this matter until more information can be obtained by the staff and presented to Council. This motion was lost for lack of a second. Mayor Hurley then called for a vote on the original motion, and it carried; Mr. Wofford voting “no". AN ORDINANCE AMENDING THE LICENSE TAX SCHEDULE OF THE CITY OF FAYETTEVILLE VISUAL SHOWS. ORDINANCE NO. S1984-18. 12. Consideration of request for submission of Urban Development Action Grant application for the proposed Cape Fear Plaza shopping center. The City Manager presented this item; and stated that, as Council knows, the Revitalization Commission has endorsed consideration of submitting a UDAG application for a proposed shopping center development on Grove Street, near Eastern Boulevard. To be considered in the upcoming round of funding, the application must be submitted to the Greensboro Office of Housing and Urban Development by July 1, 1984. Federal regulations require at least two public hearings prior to submission of the application. One of the two hearings for the Prince Charles UDAG application was held by the Redevelopment Commission. Council may wish to consider following the same course. Council meetings for July are on July 2nd and July 16th. I would recommend that the Council request that the Redevelopment Commission hold the first public hearing; and that the Council hold the second hearing on July 16, 1984. Mrs. Evans then offered motion that Council set public hearing on July 16, 1984 on this matter, and ask the City Manager to set up a public hearing with the Redevelopment Commission for July 2, 1984; and that the City determine who the appraiser will be, and have the general partners submit financial statements. The motion was seconded by Reverend Johnson, and carried unanimously. 13. APPOINTMENTS: Airport Commission. Mr. Wofford offered motion, seconded by Mr. Jones and carried unanimously, to re-appoint Mr. Joseph Pillow, Mr. Cyrus P. Earnhardt, Jr.; and Mr. Charles c Clark, to two-year terms of office expiring on June 9, 1986. Mr. McBryde then offered motion that the following named persons be re-appointed to the following commissions, as nominated; motion seconded by Mr. Wofford and carried unanimously. Public Works Commission - Mr. James Warner, for a four-year term of office, to run to June, 1988. Public Works Commission Retirement Plan - Mr. J. V. Parham, for a five-year term of office, to run to June, 1989. Joint Planning Board - Mr. George Armstrong, for a four-year term of office, to run to June, 1988. Revitalization Commission - General John Rose, Mr. W. A. Bissette, Mr. John Rose, Mr. Willie Lewis; for three-year terms of office each, to run to June, 1987. 14. DELEGATIONS: Council recognized Mr. Clinton Harris, who stated that he was disturbed about the neglect of the handicapped, and about the Tokay development. He then congratulated the Council for their action on the sidewalks tonight. 15. CITY MANAGER'S REPORTS: A. Report on statement of taxes from Cumberland County Tax Collector. The City Manager stated that he was in receipt of the statement of taxes collected for the month of May, 1984 from the Cumberland County Tax Collector; and wished it to be made a part of the record tonight. The City Manager also commented on the time schedules for some annexations. He stated that most ordinances can be adopted as scheduled; however, three of these ordinances are running into time schedule difficulties. He recommended that a Saturday meeting be held for this purpose, on July 21, 1984. This was discussed at some length; and an early Saturday morning schedule was suggested. The City Manager was asked to advise the Council at a later date regarding this matter. 16. MATTERS OF INTEREST TO THE COUNCIL: Mr. Wofford asked if any further work had been done on the development of a brochure to give to new residents of the City, explaining services available, the various boards and commissions, and extending a general overall welcome to the City. Mrs. Evans stated that the Policy Committee is considering this matter at the present time. The City Manager also stated that his Administrative Assistant, Mr. Gerald McPhail, is compiling such a brochure at the present time. Mr. Wofford thanked the City Manager and the Policy Committee for this information. Mayor Hurley reminded the Council of the request from the Human Services Department for the setting aside of a holiday in commemoration of Doctor Martin Luther King. Following some brief discussion, Mrs. Evans offered motion to refer this matter to the City Manager for a recommendation; motion seconded by Reverend Johnson and carried unanimously. Mr. Wofford suggested substituting Easter Monday in exchange for such a holiday, if considered and approved. Mayor Hurley stated that he would then entertain a motion for an executive session. Mrs. Evans then offered motion at 10:30 p.m., seconded by Mr. Jones, that Council enter into executive session to consider a personnel matter only. The motion carried unanimously. At 10:45 p.m., Mayor Hurley adjourned the executive session and reconvened the Council into regular session; and, upon motion made and duly seconded, adjourned the regular session. SPECIAL ANNEXATION MEETING MONDAY, JUNE 25, 1984 SPECIAL ANNEXATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, JUNE 25, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Mildred Evans and Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Absent: Reverend Aaron Johnson Mayor Hurley called the meeting to order, and the invocation was offered by City Engineer Bob Bennett. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley stated that this was an excused absence for Reverend Johnson. Mayor Hurley welcomed all present in the audience to this public hearing on Area 3 (Borden Heights). Mayor Hurley then called on Assistant City Manager Roger Stancil to make the presentation. Mr. Stancil displayed a map of the area, and presented use certification of notice of annexation public hearing for Area 3 (Borden Heights). Mr. Stancil stated that this matter had also been published in The Fayetteville Observer, in accordance with State statutes. He stated that a report of the annexation and maps had been on file in the City Clerk's office, as required. He introduced department heads who were present at this hearing to answer questions. He stated that street paving costs would be $4.00 per linear foot. He also mentioned sidewalks, storm drainage, police protection, fire protection, garbage service, and transit service. Mr. Tim Wood, Assistant Manager for PWC, commented on the utilities services. He also connected on the fire hydrants, and the cost for same. He stated that streetlights would be provided to the area, as necessary. Mr. Wofford raised a question on the charge for connecting to PWC's sanitary sewer, and Mr. Wood answered his question. The Mayor then stated that he would hear questions from the audience at this time. Council recognized Mr. Glen Prillman, of 2129 Coffman Street, representing the Borden Heights community. Mr. Prillaman raised questions regarding City taxes, water and sewer main costs, and other City services. There was a question concerning assessment procedure from a lady in the audience, and the City Attorney answered the question. There was also a question from a man in the audience regarding the tax rate comparison, and the City Manager answered his question. Mr. Prillaman raised a question regarding their water system; and stated that their pressure is low, and that the mineral content is a problem. Mr. Tim Wood answered this question. A member or the audience asked when their property would be re-assessed; the answer given was 1988. There was then a question from a member of the audience regarding street paving, and the City Manager answered this question. There was a question on annexation, regarding whether or not the residents had any choice in the matter. The Mayor answered this question, and stated that the City Council may or may not vote to annex this area. Mr. Dawkins commented on street paving costs for the benefit of the audience. The City Attorney commented on the assessment procedure for the extension of utilities. There was a question from a gentleman in the audience regarding the cost of living in the City; and the Mayor gave him a cost comparison. Mr. Tim Wood answered further questions on water and sewer costs. Mr. Wofford commented on the utilities cost. There were further questions from members of the audience regarding the time limit involved to hook up to utilities, and this question was answered by Mr. Wood. There was a question raised by a member of the audience concerning the school districts, and the Mayor answered this question. Mr. Clinton Harris, a private citizen and not a resident of Borden Heights, raised a question regarding his letter of opposition to annexation, submitted on June 18, 1984. The City Attorney stated that the letter had been accepted, and is on file in the City Clerk's office. In response to question, the City Attorney stated that the City must provide municipal services by State law, or the annexation can be set aside by law. There was then a brief discussion regarding the streetlights, and the residents were informed that this cost would be set aside. A gentleman in the audience raised a question regarding a traffic signal and sign at the Coffman Street intersection; and the City Engineer stated that these can be provided. There were then questions regarding sanitary sewer installation, and Mr. Tim Wood answered by stating that both sanitary sewer and water service, as required, would be installed as rapidly as possible, in order to minimize inconvenience to the residents of Borden Heights. There were no further comments from the audience. Mrs. Evans stated that the Borden Heights area would be welcomed to the City. Mayor Hurley then extended thanks to all of the residents for appearing at this meeting, and for their comments; and stated that this concludes the public hearing. Mayor Hurley then adjourned the meeting at 11:00 p.m. SPECIAL ANNEXATION MEETING TUESDAY, JUNE 26, 1984 SPECIAL ANNEXATION MEETING CITY HALL COUNCIL CHAMBER TUESDAY, JUNE 26, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones 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 issued a welcome to all. He called on Reverend (Mayor Pro Tem) Aaron Johnson for the invocation. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley recognized a distinguished guest in the audience, Mr. Harold Dill, who is the father of Mr. Clark Dill, City Sanitation Superintendent. Mayor Hurley stated that this was a public hearing to consider the annexation of Area 8 - Pleasant Valley - to the City. Mayor Hurley then thanked the audience for their presence at this meeting, and stated that he would consider any questions which they might have concerning the annexation of the designated area. Mayor Hurley then recognized Assistant City Manager Roger Stancil for the presentation. Mr. Stancil displayed a map of the area, and stated that certification had been made. He stated that this hearing was published in The Fayetteville Observer, as required. He stated that the annexation report and a map had been on file in the City Clerk's office, as required. Mr. Stancil then introduced several department heads who were present in the audience. He stated that Mr. Tim Wood, Assistant Manager of PWC, would also make a presentation afterward. Mr. Stancil remarked on streets and drainage, resurfacing, and maintenance costs. He stated that street construction costs would be at the rate of four dollars ($4.00) per front foot. He also mentioned that sidewalks would be available if the residents so desired. He mentioned that storm drainage, police and fire protection, recreation and parks service, sanitation service, and transit service would also be available to the residents upon the annexation of this area. Mr. Tim Wood then displayed a map, and commented on the utility services which will be available, and the costs for same. He stated that fire hydrants will be installed in the area. He also stated that water and sewer service connections will be available, and gave costs for same. Mayor Hurley the recognized persons from the audience. Mr. James Davis, of 3112 Phillies Circle, asked a question concerning the cost of water and sewer connections. The City Attorney explained the assessment procedure. Mr. Davis also asked about footage, and Mr. Wood stated that the cost is based on front footage of a lot. Mr. Charles Dellinger, of 3209 Nato Road, was recognized; and stated that he did not buy his hone to be in the City. He stated that, according to the assessed value of his property, he will only save seven dollars ($7.00) by being inside the City limits. Mrs. Evans informed Mr. Dellinger that he will stop paying some County taxes once annexed; and the City Manager displayed a comparison chart on taxes, and gave an explanation of same. The City Attorney also gave an explanation on the assessed value of property. Mr. Dellinger stated that he owns a business, and will need two entrances for customers; and asked whether sidewalks will be needed between the driveways. The Mayor replied that this is not required. Mr. Dellinger also asked whether the residents had to pay for garbage carts that are stolen, and the City Manager replied in the negative. Mr. Argus Pittman, of 3123 Phillies Circle, was recognized; and expressed concern about water and sanitary sewer lines due to the depth of his lot. Mr. Wood replied that, if necessary, a check valve could be installed, at the owner's expense, to correct any problem. This issued was then discussed for several minutes. Mr. Wood stated that no additional streetlights are needed in this area at the present time, and that the surcharge which the residents are paying will come off with annexation. Mr. Charles Samuels, of 3218 Nato Road, was recognized; and asked if they could go indefinitely without hooking up to PWC water and sanitary sewer. Mr. Wood replied in the affirmative. Mr. Ron Shelley, of 2010 Fargo Drive, asked about the contamination of wells if the PWC sanitary sewer lines break; and Mr. Wood answered his question. Mr. Shelley also asked whether the City would clean up overgrown areas where construction takes place. Mr. Wood replied in the affirmative for PWC, and the Mayor stated that the City has ordinances which apply to overgrown lots. Mr. Samuels was recognized again with a question on private wells on private property, and asked who will bear the expense for the water and sanitary sewer if he stills his house. The City Attorney gave an explanation of the City and County codes, and stated that the assessment runs with the property. There were then comments by Reverend Johnson regarding this question. Mr. Samuels was recognized again, and asked how many City Council members live in the City. The Mayor replied that all Council members are required by law to live in the City. Mr. Shelley, of Fargo Drive, was recognized again with a question regarding septic tank failure. The Mayor stated that septic tanks may not be replaced if they fail. Mr. Dellinger was recognized again with a question for the Police Department. He asked if, once annexed, he may continue to hunt squirrels and turtles on a lake located behind his property. Captain Bill Johnson, of the Police Department, stated that this will not be allowed if the lake will be inside the City; and further stated that it is against the law to discharge firearms within the City limits. Mr. Clinton Harris, a private citizen and not a resident of the area proposed for annexation, was recognized on the question of cost of water and sewer to the residents. The City Attorney replied to his question. Mr. Harris offered comments on sidewalks, and the cost involved in their construction; and Mr. Wofford replied to his comments. Mr. Harris has filed opposition on June 18, 1984 to all proposed annexations. Mr. Dellinger was recognized again with a question on sidewalks, and the Mayor answered the question. Mr. Dellinger asked whether the City will replace grass that is disturbed, and the Mayor replied in the affirmative. There was then some occasion of this subject. Mrs. Evans then stated to the residents that if the area is annexed, we will welcome you to the City, and offer you the opportunity to serve on the various boards and commissions, and in any other available capacity. Mayor Hurley stated that he was glad to have the residents present at the meeting tonight. Reverend Johnson extended thanks to the residents for their questions. Mr. Pittman was recognized again, and asked when the residents of Area 8 will get garbage pickup service. The City Manager replied that the target date is August 31, 1984; and suggested that Mr. Pittman enter into a monthly agreement with his garbage pickup service until that date. Reverend Johnson advised the residents to call the appropriate City number for services after annexation. Mr. Dellinger was recognized again, and asked if businesses in the area will be re-zoned; and the City Attorney replied that there will be re-zoning, but that it will equate to the current usage. The City Attorney suggested that Mr. Dellinger talk with the Planning Department concerning this matter. Mr. Dawkins then offered comments on the subject of zoning. Mr. Samuels was recognized again, and asked whether their area was designated as R6 or R10; and the Mayor replied that it was designated as R10. Mr. Harris asked a question regarding zoning, and the City Attorney answered it. Mr. Dellinger was recognized again with a question on zoning. There was then a general discussion on zoning requirements if a business is destroyed by tire or other catastrophe. The City Attorney explained the zoning requirements which would apply in such a case. There were no farther comments from the audience. Mayor Hurley then stated that the public hearing was ended, thanked the residents for their appearance and their questions; and adjourned the meeting at 8:15 p.m. SPECIAL BUDGET MEETING (RECESSED) TUESDAY, JUNE 26, 1984 SPECIAL BUDGET MEETING (RECESSED) CITY HALL COUNCIL CHAMBER TUESDAY, JUNE 26, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred F.vans and Jimmie Jones 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 stated that this was recessed budget session front June 14, 1984. Mayor Hurley then called on the City Manager, who presented information on the new budget and the Contingency Fund. He stated that his presentation was for discussion tonight, and for adoption of the Budget Ordinance tomorrow night. He mentioned the Inspection Department and Civil Preparedness budgets. Mr. Wofford asked if all cities in the County are participating in the cost of the Civil Preparedness Budget, and the City Manager replied in the negative. Mr. Wofford stated that all cities should help fund the Civil Preparedness Budget, since all cities receive services. The City Manager informed the Council that the General Assembly had recently eliminated the State contribution to the Law Enforcement Retirement Fund; and that the cities would now have to bear the cost, which is approximately $165,000.00 for Fayetteville. He stated that a bill is now being considered which will permit payment over a three-year period. This matter was discussed for several minutes, and it was suggested that the legislators be contacted concerning same. Following some further discussion, Mr. Dawkins suggested that immediate action is necessary it contacting the Legislators; and the Mayor stated that he will call each one separately tomorrow morning. Further discussion followed, and Mrs. Evans suggested a re-funding of the Street Repair Budget. The City Manager then displayed a projection on outside agency funding, and distributed the Little Theatre request for funding, which they had inadvertently overlooked. The amount of this request was $10,000.00. There was then discussion of the Highland Plains budget request of $1,000.00, the Armory budget request of $1,200.00, the YMCA budget request for $50,000.00 the Olde Fayetteville Budget request; and all remaining requests. Mayor Hurley suggested putting the Little Theatre budget request in the budget for outside agency funding. There was then a general discussion of all outside funding requests. The City Manager suggested executing contracts with the various agencies for their services. There was then some discussion of this matter, and Mr. Wofford suggested a “pot" of $131,200.00 for all agencies combined, based on their 1983-84 budget requests. Mr. McBryde commented on the Mall Promotion request, and the City Manager recommended a coordinator for the mall. Mr. Dawkins suggested coordinating Recreation and Parks with YMCA. The City Manager recommended using General Fund for the mall coordinator's salary. He also stated that he would bring each individual contract to the City Council for consideration. The City Manager commented on the cost for the proposed new computer equipment, and stated that funds will not be spent from this year's budget for this purpose. Mayor Hurley then asked for a motion that Council convene into executive session. Mr. McBryde then offered motion, seconded by Mr. Wofford and carried unanimously, that Council convene into executive session at 9:15 p.m., to discuss a personnel matter only. Council then returned, and Mayor Hurley declared the executive session adjourned; and reconvened into special session at 9:45 p.m. Mayor Hurley then stated that the City Council, in the executive session, discussed salaries for the City Manager, the City Attorney, and the City Council in general; and will recommend that the City Manager's salary be increased from $49,487.00 to $55,000.00; and that the City Attorney's salary be increased from $44,772.00 to $48,000.00. This completed the budget discussion; and Mr. Dawkins offered motion, seconded by Mrs. Evans and carried unanimously, to recess this meeting to 7:00 Wednesday, June 27, 1984, in the City Hall Council Chamber. SPECIAL ANNEXATION MEETING WEDNESDAY, JUNE 27, 1984 SPECIAL ANNEXATION MEETING CITY HALL COUNCIL CHAMBER WEDNESDAY, JUNE 27, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones 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 offered by City Attorney Bob Cogswell. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then issued a welcome to all present this evening, and stated that this is the public hearing on the annexation of Area 9 (Guy Circle/McPherson Church Road), to give the residents of this area the opportunity to voice any concern which they may have concerning this proposed annexation. Mayor Hurley then called on Assistant City Manager Roger Stancil for the presentation. Following Mr. Stancil's presentation, Mr. Tim Wood, of PWC, would make a presentation concerning the utility services available in this area. Mr. Stancil then displayed a map of the area, and stated the certification. He stated that notice of this annexation had been published in The Fayetteville Observer, as required by law. He stated that a resolution of intent had been adopted by the Council at a prior meeting. He stated that the annexation report and map had been on file in the City Clerk's office, as required by law. He stated that Mr. Tim Wood would make the PWC presentation. Mr. Stancil then introduced the department heads who were present this evening to answer any questions. Mr. Stancil then gave excerpts from the annexation report concerning street maintenance, resurfacing, and costs. He stated that new streets may be by petition, and the cost is assessed to the property owner. He stated that sidewalks would also be available by petition. He stated that storm drainage would be available, as well as fire protection, recreation and parks services, police protection, sanitation service, and transit service. Mr. Tim Wood, Assistant Manager of PWC, then trade the PWC presentation. He displayed a map of the area, and gave information concerning the utilities services which will not available. He stated that property owners would be assessed for installation of water and sewer; and that fire hydrants will also be installed as needed. Mr. Wood also gave the cost of utilities connections. He stated that connections are not required. He stated that street lights will be installed as needed, at PWC expense; and that the surcharge will then be discontinued for the residents. Mayor Hurley then stated that he would receive questions from the audience. Mr. Louis Spilman, 632 McPherson Church Road, stated that he was not getting sanitary sewer services now; and that, if he is to be annexed, he wants those services. Mr. Wood assured him that the services would be available. Mr. Spilman also stated that he was some distance from the street for the cart pickup at his garbage. Mr. Clark Dill, Sanitation Superintendent, stated that the City would handle this for him, for a charge. Mr. Tim Wood stated that PWC will provide access to Mr. Spilman for utilities service. Mr. Bill Mumau, 941 McPherson Circle, asked a question regarding garbage disposal, and stated that he had a problem similar to that of Mr. Spilman; and asked if the garbage trucks could come to his door for pickup. Mr. Dill answered his question, and stated that they possibly could, be to the distance involved; and further stated that he would investigate both instances. Mr. James D. Lessley, 3209 Guy Circle, asked a question regarding a paved asphalt drainage ditch around his lot. He asked what would happen to this ditch if the property is annexed. The City Engineer stated that the City will maintain it as the State now does. Mr. Lessley asked if the ditch could be eliminated. The City Engineer replied, “Possibly so." It is now maintained by the State, and the change date is anticipated in 1985. He stated he would look at the situation, and give a specific answer at a later date. Mr. John Williford, of Guy Circle, stated that he had the same ditch on his property; and that it is washing out two of his lots and a six-foot fence, due to the quantities of water at times. The City Engineer stated that storm drains are installed under City policy on a fifty/fifty basis. Mr. Williford stated that he did not think he should have to bear any of this expense. Reverend Johnson asked Mr. Williford if the State or the County had offered any solution for him; and Mr. Williford replied that he had talked to both of them, but had received no answer as yet. Mr. Wofford suggested that the City Engineer check this circumstance, and bring information back to the City Council. The City Manager informed Council that he and the City Engineer will check this matter out, and report back to City Council. There was then a discussion of water and sanitary sewer extensions with Mr. Tim Wood. Mrs. Hazel Altman, of 3122 Guy Circle, asked if the costs for water and sanitary sewer connections would be more if connections are not made immediately after annexation. The Mayor replied that they would not. There was then a question from a property owner regarding the cost to tap on to PWC water and sewer, and Mr. Wood answered this question. Another resident asked the dates of garbage pickup, and Mr. Dill replied that pickups in this area are on Tuesdays and Fridays; and that the first pickup will begin on Friday, August 31, 1984. A question was asked regarding when City taxes are due, and the total amount of same. The City Manager stated that the residents will pay for ten months, and the tax bills are usually sent out in August or September. Another question was asked regarding sanitary sewer charges, and Mr. Tim Wood answered this question for the resident. There was then a general discussion of taxes. Following this discussion, Mr. Dawkins pointed out the tax savings experienced by persons living inside the City limits, as opposed to those who live outside the City. The City Manager displayed a projection of tax costs comparison for the residents. There was then another question concerning water and sewer rates, and Mr. Tim Wood gave a detailed explanation of same. Note: (Mr. Clinton Harris, a local citizen, had registered opposition to this annexation and all others, on June 18, 1984.) Mrs. Evans then stated to the residents that the City will welcome them to the City, if they are annexed; and that the City will consider any problems which they may have at any time. There was then a question from a resident regarding street cleaning. She stated that they had a problem with rubbish, beer cans and bottles, and miscellaneous trash. She asked who is responsible for picking this up and disposing of it. Mayor Hurley stated that this is a State highway, and the responsibility belong to the State. Mrs. Evans then suggested to the lady that she call Sharon Valentine, of the Clean Community Program, regarding this question; and that Mrs. Valentine would help her. There were no further comments from the residents. A resident then thanked the City Council for listening to them this evening. Mayor Hurley extended thanks to all for coming, and for their comments. Mayor Hurley then stated that this public hearing is completed, and adjourned the meeting at 8:00 p.m. SPECIAL RECESSED BUDGET MEETING WEDNESDAY, JUNE 27, 1984 SPECIAL RECESSED BUDGET MEETING CITY HALL COUNCIL CHAMBER WEDNESDAY, JUNE 27, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Mayor Hurley called this recessed meeting of June 26, 1984 back into session, to consider the 1984-85 budget. Mayor Hurley called on City Manager Smith, who displayed a projection and presented the summary of changes discussed last evening. Following this, Mr. McBryde offered motion, seconded by Reverend Johnson, to adopt the 1984-85 budget by ordinance. The motion carried unanimously. 1984-85 BUDGET APPROPRIATION ORDINANCE. ORDINANCE NO. NS1984-33. A copy of this ordinance is on file in the City Clerk's office. Mayor Hurley then commended the entire City Council for the professionalism which they showed in considering this year's budget. Mr. McBryde commended the City Manager for his efforts in the preparation of the budget. City Manager Smith then presented Capital Project Ordinance CAP 84-15, authorizing the Financial/Administrative Computer System; and requested its adoption. Mr. Dawkins offered motion for adoption of the ordinance as recommended by the City Manager; motion seconded by Mr. McBryde and carried unanimously. CAPITAL PROJECT ORDINANCE CAP 84-15. ORDINANCE NO. NS1984-34. A copy of this capital project ordinance is on file in the City Clerk's office. City Manager Smith then stated that the Council needed to adopt the pay plan on pay grade and steps for the new fiscal year. Mr. Wofford offered motion, seconded by Mr. McBryde and carried unanimously, to adopt the pay plan as recommended. Reverend Johnson then commented humorously that the Council members had kept their campaign promises to keep the “fat" out of the budget. There was then a brief discussion regarding staff vacations; and City Manager Smith stated that his was tentatively scheduled for approximately thirty days from now, but that Assistant City Manager Stancil would serve in his absence. Mayor Hurley then recognized Mary Dalton, a new staff member with TV-40, who was present to cover the meeting this evening. There being no further business, Mayor Hurley adjourned this special session at 8:15 p.m. REGULAR MEETING MONDAY, JULY 2, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JULY 2, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans and Jimmie Jones 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 offered by City Manager John P. Smith. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley announced the receipt of the UDAG grant for the 400 Block of Hay Street. He also announced that Ms. Francesca Adler had been named Miss North Carolina. Mayor Hurley then recognized Fayetteville youth Council members John Byers and Jeff Bullard. Mr. Dawkins echoed the Mayor's remarks, and stated that thanks go to Senator Jesse Helms for his assistance. Reverend Johnson echoed Mr. Dawkins' remarks, and stated that thanks should also go to Senators Rose and East. Mr. McBryde announced that yesterday was the fiftieth wedding anniversary of Mr. and Mrs. Jimmie Jones. The Mayor stated that the City Attorney had asked for an executive session at the end of this meeting, to discuss a litigation matter. 1. CONSENT: Mr. Wofford asked to pull Item “K" from the consent agenda. Mr. McBryde then offered motion, seconded by Mr. Jones and carried unanimously, to approve all consent items except Item “K". The consent items appear below: A. Approval of the minutes of the special meeting of June 14, 1984. B. Approval of the minutes of the regular meeting of June 18, 1984. C. Approval of request for a refund of City taxes to Kenneth Rutledge and wife, Sherrie, in the amount of $122.78. D. Award of contract for purchase of uniforms to American Uniforms, the low bidder, in the amount of $64,334.61. E. Approval of Deanwood Subdivision in an R10 residential district for preliminary and final subdivision review for an area located on the west side of Willis Street, east of Wilma Street. F. Approval of “Pinehurst Point" in an R6 residential district for preliminary and final zero lot line development review for an area located on the east side of Rosehill Road, north of Walstone Road. G. Set public hearing for August 6, 1984, to consider the rezoning from R10 residential district to P2 professional district, or to a more restrictive zoning classification, for an area located on the northwestern margin of Stamper Road, between Bragg Boulevard and Rogers Drive. H. Set public hearing for August 6, 1984, to consider an application by the Fayetteville Metropolitan Housing Authority for a special use permit as provided for by the Fayetteville zoning Ordinance, to operate a home for the care of children in an R6 residential district, for an area located at 173 Blueberry Place. I. Authorize advertisement of Community Development Property (Eastern Boulevard lot - Parcel C-1, Collier Drive) for a minimum of $2,625.00. J. Amend rental car contract of change Dollar of Cumberland, Inc., to Thornton & Stefanovich Rentals, Inc. K. Item “K" had been pulled. L. Approval for supplemental agreement between Fayetteville, North Carolina and Wilbur Smith and Associates, Inc. to provide feasibility studies and pre-application services for federal grant participation. M. Authorize advertisement of Service Area Lease Agreement between Highland Airport Express, Dilliard-Lewis, Inc., and Fayetteville Airport Commission to lease Office Suite #6, Airport Terminal Complex. K. Approval of contract for services with Dilliard-Lewis, Inc. for sky cap service. Mr. Wofford stated that it was important for the City to get a good contract, since we have not had sky cap service before. He asked for remarks concerning the proposed contract, and the City Manager stated that the firm has a good record, and had asked for the business. He stated that this was not an exclusive franchise. Mr. Wofford asked if the firm had experience, and the City Manager replied that they had in other cities. Reverend Johnson asked how they would be paid, and the City Attorney replied that it would be in the form of tips. Mrs. Evans then offered motion to approve the contract, with the provision that tipping on the part of clients be voluntary. The motion was lost for lack of a second. Following some further discussion, Mr. McBryde offered motion, seconded by Mr. Wofford and carried unanimously, to postpone Item “K" until the next meeting, so that further information could be obtained from administration concerning this matter. Mayor Hurley then recognized Mr. M. T. Meaney, Executive Director of Heritage Place, who stated that he is currently working with Mr. Jerome Brown on a project concerning bus service to Heritage Place. There were approximately eight residents in the audience to support this request. Mr. Meaney stated that he had talked with Mr. Jerome Brown, and that Mr. Brown may come before the City Council and ask that this service be provided. Mr. Meaney requested approval of this bus service by City Council at that time. Mayor Hurley stated that he and the Council would give the request serious consideration. 2. PUBLIC HEARINGS: Mr. Dawkins asked for and received permission to abstain from voting on Item “G". A. Public hearing on questions of annexation for Area 2 (Owen Drive/Southern Avenue). Assistant City Manager Roger Stancil presented this matter, and displayed a map of the area; and stated that certification of notice of annexation of this public hearing had been published in The Fayetteville Observer, as required. He stated that the annexation report and maps had been on file in the City Clerk's office, as required. He then introduced the various department heads who were present in the audience to answer questions this evening, and offered comments from the annexation report concerning streets to be paved, and police, fire, recreation and parks, and sanitation service. Mr. Tim Wood, of PWC, commented on utilities service, and stated that water and sewer must be extended; and gave the cost for same. He also mentioned street lights and fire hydrants. There were then questions by the Council. Following this, Mayor Hurley asked for comments from the audience, and there were none. B. Public hearing on questions of annexation for Area 7 (Owen Drive/CP & L Power Litte) Mr. Stancil displayed a map of the area, and certified that notice of this annexation had been given to the residents. He stated that publication had been made in The Fayetteville Observer, as required; and that annexation report and maps had been on file in the City Clerk's office, as required. He stated that there were no streets in the area. He commented on fire, police, recreation and parks, and sanitation services. Mr. Wood then commented on utilities, and stated that water and sewer must be extended to the area; and gave the cost for same. He also commented on fire hydrants and street lights. There were then questions by the Council. Mr. Clinton Harris asked why water and sewer service had not been extended as anticipated, and Mr. Wood answered this question. Mayor Hurley then asked for comments from the audience, and there were none. C. Public hearing on questions of annexation for Area 8A (3410 and 3414 Boone Trail). Mr. Stancil again displayed a map of the area, and certified that notice of the annexation public hearing had been given to the residents of the area. He stated that notice had been published in The Fayetteville Observer, as required; and that the annexation report and maps had been on file in the City Clerk's office, as required. He commented on the maintenance cost of streets, and the cost of paving. He mentioned that sidewalks would be available by petition, and gave the cost of same. He commented on storm drainage, police protection, fire protection, parks and recreation service, sanitation service, and transit service. There were then questions by Reverend Johnson regarding the water and sewer service, and the City Manager and Mr. Tim Wood responded to these questions. Mr. Tim Wood then commented on water and sanitary sewer service in the area, and stated that it would be served by existing mains; and gave the cost for same. He also commented on fire hydrants and street lights. Mayor Hurley again asked if there were comments from the audience, and there were none. D. Public hearing on questions of annexation for Area 8B (3330 and 3334 Boone Trail). Mr. Stancil again displayed a map of the area, and certified that notice of annexation had been given to the residents. He stated that notice had been published in The Fayetteville Observer, as required; and that annexation report and maps had been on file in the City Clerk's office, as required. He commented on street maintenance and cost, police service, fire service, recreation and parks service, sanitation service, and transit service. Reverend Johnson then commented on garbage pickup in the area. Mr. Tim Wood then commented on utilities and cost, fire hydrants, and streetlights. Mayor Hurley then asked for comments from the audience, and there were none. E. Public hearing on questions of annexation for Area 12 (Ramsey Street, adjacent to “The Greens"). Mr. Stancil again displayed a map of the area, and certified that notice of this annexation public hearing had been given to the residents. Be also stated that notice had been published in The Fayetteville Observer, as required; and that the report and map had been placed on file in the City Clerk's office, as required. He commented on police service, fire service, recreation and parks service, sanitation service, and transit service. There was then a question from Mr. Wofford concerning access to the area for garbage and fire service. Mr. Stancil, Fire Chief Wilbur Johnson, and Sanitation Department Superintendent Clark Dill answered Mr. Wofford's questions. Mr. Tim Wood then commented on the utilities, and stated that water and sanitary sewer must be extended; and gave the cost for same. He answered questions from the Council concerning the City services to the area. He also gave information concerning fire hydrants and street lights. Mayor Hurley asked if there were comments from the audience, and there were none. F. Public hearing on questions of annexation for Area 14A (Hilton Drive/Rose's Lake). Mr. Stancil again displayed a map of the area, and certified that notice of this annexation had been given to the residents. He stated that notice had been published in The Fayetteville Observer, as required; and that the annexation report and map had been on file in the City Clerk's office, as required. He commented on street maintenance, re-surfacing, and the corresponding costs. He stated that new streets would be by petition, and gave the cost for same. He mentioned sidewalks, storm drainage, and the costs which would be incurred. He also commented on police service, fire service, parks and recreation service, sanitation service, and transit service. Mr. Tim Wood commented on the utilities service. He stated that water and sanitary sewer must be extended, and gave the costs. He also commented on fire hydrants and streetlights. There were then questions from Mr. Dawkins regarding utilities, and Mr. Tim Wood answered these questions. Mayor Hurley then asked for comments from the audience, and there were none. Note: Mr. Clinton Harris had filed opposition to these annexations on June 18, 1984. Mayor Hurley then stated that this concluded the public hearings on the proposed annexations. G. Consideration of annexation by one hundred percent property owner petition of a 6.44-acre tract of land adjacent to Country Club North, Section 4. Annexation was recommended. The City Manager presented this matter, and stated that the City Engineer had verified the petition by the March Development Corporation for annexation of this tract of land. The land is now vacant, but is proposed for expansion of the Country Club North Subdivision. We have reviewed the proposed annexation with various departments, and find no particular problem; therefore it is recommended by staff for annexation. There were neither proponents nor opponents present in the audience. Mr. McBryde then offered motion to approve the annexation by the adoption of the ordinance, seconded by Mrs. Evans and carried, Mr. Dawkins abstaining from voting. AN ORDINANCE EXTENDING THE CITY LIMITS OF FAYETTEVILLE TO INCOME COUNTY CLUB NORTH, SECTION 4. ORDINANCE NO. 84-7-271. H. Reconsideration of an application by Barbara Jean Spigner for a special use permit as provided for by the City of Fayetteville Zoning Ordinance, to allow the operation of a convalescent home in an R6 residential district for an area located at 205 Scott Avenue (continued from June 18, 1984 meeting). The Planning Board recommended approval. Mrs. Evans commented that she had visited the area, and that she had heard no noise from the home, and no disturbance. She stated that she had observed the operation of the home, and that it appeared to be well-planned. Planner Mitchell stated that the Planning Board recommended conditional approval, and presented petitions of appeal regarding this proposed special use permit. He stated that the City Council most find that the Operation would not be detrimental to the neighborhood. Mr. Wofford commented that he did drive through the neighborhood, and stated that it appeared that the home would be operated as a business. Mayor Hurley then asked for comments from the audience, if any. Mr. Harold McDonald, Mental Retardation Coordinator for the Department or Social Services, was recognized and stated that the homes must meet requirements set by standard. He stated that it would not be a business, and that the residents must be gainfully employed. He stated that no complaints had been received so far. There were then questions from the Council members, and comments by the City Attorney that the number of residents is set by statutes. There was no opposition present. There was then some discussion by City Council. Mrs. Florence Henderson was recognized with comments on the number or residents in the home, and stated that the purpose of the home was to provide a family-type environment. There were then comments by Reverend Johnson, and discussion. There were then comments by Mrs. Barbara Spigner, the operator; and further comments by Mrs. Henderson. Mr. Dawkins offered comments concerning the proposed number of residents, and Mrs. Evans offered comments on the sheltered workshop. Mrs. Evans then offered motion for conditional approval; and to find that it would fit in with the character of the neighborhood, and not be detrimental to the neighborhood. The motion was seconded by Mr. Dawkins. There was then some further discussion, and Mr. Wofford asked Captain Johnson, of the Police Department, if he had received any complaints. Captain Johnson replied in the negative. There were then comments by Reverend Johnson on this type of home being in the neighborhood. Mr. McBryde offered comment in agreement with Reverend Johnson's remarks. There were then further comments by Mrs. Evans. Following this, Mr. Jones called the question. The vote was as follows: for the motion, Mayor Hurley, Councilmembers Dawkins, Evans, and Jones; against the motion, Reverend Johnson, Mr. McBryde, and Mr. Wofford. Mayor Hurley declared the motion carried. Mayor Hurley then declared a five-minute break. I. Consideration of an application by World Faith Clinic for a special use permit as provided for by the City of Fayetteville Zoning Ordinance, to allow the operation of a charitable institution in an R6 residential district for an area located at 908 Hay Street. The Planning Board recommended denial. Planner Mitchell presented this matter, and reiterated that the Planning Board recommended denial. Reverend Don Young, the petitioner, was recognized in favor of the special use permit; and commented that the operation would be an outreach of his church. Mrs. Betty McDonald, Mr. P. R. Barbour, and Mrs. Edwina Lindsay, all area residents, were recognized in opposition to the special use permit. Following some discussion, Mr. McBryde offered motion to deny this special use permit as recommended, seconded by Mr. Dawkins. Mr. Wofford then offered comments on the number of parking spaces in the area, and stated that it is also zoned P2; and asked if we allow churches to have residents. Planner Mitchell stated that it is not a church, but a charitable organization. Reverend Young was again recognized with comments, and there were further questions by Reverend Johnson. Mrs. Sue Bandy, President of Haymount Preservation, was recognized in opposition to the special use permit. Mayor Hurley then called for a vote on the motion, and it carried unanimously to deny the special use permit. Mayor Hurley then stated that the next two items, “J" and “K", were related to the same general area, and asked if there was any opposition to a combined public bearing. Attorney Richard Wiggins, representing the petitioner, stated that he was not opposed to one public hearing for both items. J. Consideration of the rezoning from R6 residential district to R5 residential district, or to a more restrictive zoning classification, of an area located at 705 Pilot Avenue. The Planning Board recommended denial of R5, and approval of R5-A. K. Consideration of the rezoning from P2 professional district and R6 residential district to R5 residential district, or to a more restrictive zoning classification, for an area located at 1901 Bragg Boulevard. The Planning Board recommended denial of R5, and approval of R5-A. Council then recognized attorney Wiggins, representing the petitioner, in favor of the rezonings. Council then recognized Mrs. Kate Williamson, of 610 Pilot Avenue, representing herself and approximately fifteen persons in the audience in opposition to the rezoning. Council also recognized Deborah Jelen, of 611 Pilot Avenue; Larry Maytoti, of 542 Pearl Street; and Mr. Henry Campin, of 612 Pilot Avenue, in opposition to both or the rezonings. Following some discussion, Mr. Wofford stated that Haymount needs to be preserved, and moved to deny the rezoning in Item “J"; seconded by Mr. McBryde and carried unanimously. Mr. Jones then offered motion, seconded by Mr. Dawkins and carried unanimously, to deny the rezoning in Item “K". 3. PUBLIC WORKS COMMISSION MATTERS: A. Award of contract for purchase of four 167 KVA Padmount Transformers to Westinghouse Electric Supply, the low bidder, for $10,240.00. B. Award of contract for purchase of five 250 KVA Overhead Transformers to Hesco, Inc., the low bidder, for $14,510.00. C. Award of contract for purchase of two 300 KVA Padmoont Transforttiers to Rigby Electric Supply Company, the low bidder, for $11,179.22. D. Award of contract for purchase of three 500 KVA Padmount Transforaors to Rigby Electric Supply Company, the low bidder, for $22,838.01. PWC recommended award of the foregoing contracts to the named bidders. Mr. Wofford then offered motion to approve the foregoing items, 3A - 3b, as recommended; seconded by Mr. McBryde and carried unanimously. 4. Consideration of City/NC DOT supplemental agreement for participation in additional rights-of-way costs for the U.S. 401 By-Pass project, between Blantott Road and Raleigh Road. The City Manager presented this matter, and stated that he had received a memo from the City Engineer which stated that, in April of 1975, the city and NC DOT entered into an agreement to reimburse NC DOT to the extent of twenty-five percent of rights-of-way cost for the 0.5. 401 By-Pass widening project. The original agreement called for five annual installments of $25,000.00 each, which were paid by the City from 1978 through 1982. The final right-of-way cost, which includes utility clearances required by the project, has amounted to $908,041.04, with the City's twenty-five percent being $227,010.26. Since the City has paid a total of $125,000.00 in accordance with this agreement, $102,010.26 remains to be paid. NC DOT is proposing an agreement whereby the City would pay this amount off in three annual installments of $34,003.42 each, beginning August 1, 1984. This project has been a great benefit to Fayetteville; and since the original agreement required the City to pay for twenty-five percent of right-of-way cost, we recommend approval of the supplemental agreement. Following brief discussion, Mr. Dawkins offered motion for approval of the agreement as recommended, seconded by Mr. Wofford and carried unanimously. 5. Consideration of ordinance requiring the City Buildings Inspector to correct conditions with respect to, or to demolish and remove a structure located at 542 Grove Street, pursuant to the Dwellings and Buildings Minimum Standards Code of the City. Adoption of the ordinance was recommended. The City Attorney presented this matter, and stated that the property owner had not asked for additional time to correct the deficiency; therefore, adoption of the ordinance is recommended. Following brief discussion, Mr. McBryde offered motion for adoption of the ordinance, seconded by Mr. Dawkins and carried unanimously. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDINGS INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR TO DEMOLISH AND REMOVE A STRUCTURE, PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1984-35. 6. Reestablish a minimum price of $11,500.00 for Community Development Property (Guthrie Street lots for which Saint Luke's Church has made an offer), instead of $6,300.00; and authorize advertisement. Approval was recommended. The City Attorney presented this matter, and stated that, according to a memo from the City Engineer, Saint Luke's Church had contacted the City about acquiring two tracts of land, one on each side of the property which they presently own on the north side of Guthrie Street. A survey had been provided, and platting of these two tracts of land, including a survey of their property which was necessary in order to map the adjoining tracts. The appraisals were: Tract One (.96 acres), $8,400.00; Tract Two (.48 acres), $3,100.00; for a total of $11,500.00. Following brief discussion, Reverend Johnson offered motion to approve the foregoing as recommended, seconded by Mr. Dawkins and carried unanimously. 7. Consideration of PIN Terminal Contract. Adoption of the resolution approving the contract was recommended. The City Manager presented this matter, and stated that Assistant City Manager Stancil informed him in a memo that the resolution authorizing the Mayor to execute the contract with the Police Information Network was for the usage of a terminal in the Police Department. This terminal is essential to Police operations, and funds for this contract are included in the Police Department's budget. Following brief discussion, Mr. Wofford offered motion, seconded by Mr. Dawkins and carried unanimously, to adopt the resolution and authorize the Mayor to execute the contract. RESOLUTION APPROVING A PIN TERMINAL CONTRACT FOR THE FAYETTEVILLE POLICE DEPARTMENT, RESOLUTION NO. R1984-76. 8. APPOINTMENTS: A. Nominations to fill the following terms of office which will expire in July, 1984: Board of Adjustment - Three Vacancies and One Alternate Mr. McBryde nominated incumbent Dick Detter. Reverend Johnson nominated incumbent Don Nelms. Mr. Jones nominated incumbent William R. Hill. Mrs. Evans nominated incumbent Tommy McCoy (alternate). Mayor Hurley stated that these appointments would be considered at the next regular meeting of the Council. 9. DELEGATIONS: There were no delegations to be recognized. 10. CITY MANAGER'S REPORTS: City Manager Smith informed the Council that the Recreation and Parks Commission would like to have a joint meeting to discuss the Recreation and Parks master plan. Mr. Smith suggested Monday, July 23rd, Council's information meeting; and stated that he would get details later. This was satisfactory to Council. 11. MATTERS OF INTEREST TO THE COUNCIL: Mr. Jones remarked that there was too much grass growing in the street areas around the City, and particularly in Pittman Street, off Hay Street. Assistant City Manager Roger Stancil replied that there is a program being formulated to correct this problem by chemical treatment. Mrs. Evans stated that the Farmers' Market complex needs improvement badly. The City Attorney stated that he had met with both Mr. Roland and Mr. McNeill regarding this matter. Mr. McBryde asked whether the list of City properties had been compiled. The City Manager replied in the affirmative. Mr. McBryde stated that he was scheduling a meeting of the Buildings and Properties Committee in August. Mr. Wofford stated that the City-County Liaison Committee is meeting on a regular basis. He stated that, according to information which they have received, there is a plan for a third building in the Law Enforcement Center complex to house City-County governments; and suggested that Council give consideration to this third building for use by the City in the future. Mayor Hurley stated that the airport is making steady progress, but that the state-maintained roadway approach to the airport needs attention badly; and suggested that the City administration check for maintenance of this roadway. Mayor Hurley then extended thanks to Bettie Jo Goodenough for a most successful meeting with the Vietnam Veterans Coalition this afternoon, aid for the refreshments which were provided at the meeting. Mayor Hurley also extended thanks to the Police Officer present at the meeting this evening. There ware also several comments from the Council concerning the very pleasant employee picnic yesterday, and thanks were extended to the committee who worked so diligently to plan and organize this event. Mayor Hurley then stated that he would entertain a motion for adjournment of this regular session, and to recess into executive session. Mr. McBryde then offered motion at 10:10 p.m., seconded by Mr. Dawkins, to recess this regular session and enter into executive session to consider a litigation matter only. The motion carried unanimously. Council then returned, and Mayor Hurley adjourned the executive session and reconvened the regular session at 10:20 p.m. Mayor Hurley then recognized City Attorney Bob Cogswell. The City Attorney stated that in the case of Billy Byrd v. City of Fayetteville and Other Defendants, Case Number 84-63-CIV-3, in United States District Court, Eastern District of North Carolina, he recommends that the City retain Mr. D. P. Russ and his firm to represent the Civil Service Commission, Mr. Harvey Beard, Mr. Shelton Norris, Dr. Walter Vick, and Mrs. Millie Pridgen, at the rate of $75.00 per hour; and that Mr. Carl Barrington be hired to represent former Chief Dixon, at the rate of $75.00 an hour. In the next case, Cecelia Gray v. Danny Dixon and Others, Case Number 84-67-CIV-3, in the United States District Court, Eastern District of North carolina, Mr. Cogswell recommended that Mr. Carl Barrington be retained to represent former Chief Dixon, at the rate of $75.00 an hour. In the next case, Leroy Griffith v. WBTV and William C. Johnson, Case Number 84-1255-CIV-WMH, filed in the Southern District of Florida, Mr. Cogswell recommended that the City retain Mr. H. Lawrence Hardy, an attorney in Miami, to represent Mr. Johnson, at the rate of $90.00 an hour. The City Attorney stated that these recommendations are made in accordance with City Code requirements. Following brief discussion, Mrs. Evans offered motion, seconded by Mr. Wofford and carried unanimously, to approve the foregoing recommendations of the City Attorney. The City Attorney stated that he could not represent the named individuals himself due to conflict of interests; and that the recommended attorneys must be hired for this reason. Thereafter, all matters of business having been completed, this regular session was adjourned at 10:25 p.m., upon motion made and duly seconded. SPECIAL ANNEXATION MEETING MONDAY, JULY 9, 1984 SPECIAL ANNEXATION MEETING CITY HALL COUNCIL CHAMBER MONDAY, JULY 9, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Aaron Johnson, Mildred Evans and Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Absent: Councilmember J. L. Dawkins Mayor Hurley called the meeting to order, and the invocation was offered by City Attorney Bob Cogswell. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley stated that the records show that Mr. Dawkins was excused for medical reasons, and stated that Mr. Dawkins had been hospitalized for a minor problem. Mayor Hurley issued a welcome to all present in the audience, and stated that this was the public hearing on the annexation of Area 14, Hilton Drive and Java Drive. He stated that he would welcome all comments from those present in the audience. Mayor Hurley then called on Assistant City Manager Roger Stancil, who displayed a map of the area, and certified that notice of this annexation public hearing had been published in The Fayetteville Observer, as required. He stated that the annexation report and map had been on file in the City Clerk's office, as required. He stated that Mr. Tim Wood, Assistant Manager of PWC, will answer questions concerning utilities; and introduced other City department heads who were also present this evening to answer questions regarding services to be provided to Area 14. Mr. Stancil commented on paving and drainage, street construction and cost. He stated that there were substandard streets in the area, and gave the cost for repairing same. He gave information on sidewalks and the cost for same, and storm drainage. He also provided information on police protection, fire protection, garbage pickup, transit service, and parks and recreation facilities. PWC Assistant Manager Tim Wood then presented information regarding utilities services. He stated that water and sanitary sewer most be extended, and gave the cost for same. He also commented on street paving replacement, and the cost involved. He stated that fire hydrants and street lights will be installed in the area, and gave the respective costs for these improvements. Reverend Johnson asked Mr. Wood a question concerning the fire hydrants. Mr. Wood answered the question, with assistance from Fire Chief Johnson. Mayor Hurley then asked if there were questions from residents of Area 14 who were present in the audience. Mr. Ernest Libisch, of 3531 Rosehill Road, a resident of the area for seventeen years, was recognized; and stated that he did not need City services, and that he is being forced to accept annexation which he does not want. Mr. Wofford commented to Mr. Libisch that City government has a responsibility to annex, and to require the payment of taxes. Mr. Libisch stated that he was not opposed to paying taxes for services he needs. There was then a general discussion regarding a petition for annexation of this area several years ago. There were then comments by Reverend Johnson concerning water and sanitary sewer services in the area. There was then further general discussion, and comments by the City Attorney on water and sanitary sewer service for the area. Mr. Libisch reiterated that he does not like forced annexation. There was then further general discussion, and comments by Mr. Wofford, Mr. Jones, and Mayor Hurley. Mr. Libisch again stated that he does not want annexation, and may take action later. Mayor Hurley requested that Mr. Stancil display a tax comparison cost chart for the benefit of the audience. Mr. Charles French, of 716 Hilton Drive, was recognized with a question regarding water and sanitary sewer cost to his property. Mr. Tim Wood answered Mr. French's question. Mrs. Grace Talamine, of 723 Hilton Drive, was recognized with a question regarding water and sanitary sewer service to her property, and asked when these services would be available to her. Mr. Tim Wood also answered Mrs. Talamine's question. Mr. Dan McDaniel, of 772 Country Club Drive, was recognized, and stated that he does not see his lot on the map. The City Engineer showed Mr. McDaniel the position of his property on the map. Mr. McDaniel asked a question regarding sanitary sewer service to his lot, and Mr. Tim Wood stated that sanitary sewer service will be extended. Mr. McDaniel stated that he wanted sanitary sewer service as soon as possible. Mrs. Donna Coleman, of 715 Hilton Drive, was recognized with a question concerning electric service. Mr. Tim Wood stated that Mrs. Coleman would stay with the company which is presently providing service to her. Mr. Rex Curry, a resident of the area, asked a question concerning assessment if his property is sold. The City Attorney informed Mr. Curry that the assessment stays with the property. There was a question from a lady in the audience as to when garbage collection would begin, and the City Manager replied that it would begin on Friday, August 31, 1984. Note: Mr. Clinton Harris filed opposition to this annexation on June 18, 1984. Mayor Hurley then asked if there were any further comments from the audience, and there were none. Mayor Hurley then declared this public hearing at an end. Mayor Hurley then adjourned this meeting at 8:00 p.m., upon motion made and duly seconded. SPECIAL ANNEXATION MEETING TUESDAY, JULY 10, 1984 SPECIAL ANNEXATION MEETING CITY HALL COUNCIL CHAMBER TUESDAY, JULY 10, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Aaron Johnson, Mildred Evans and Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Absent: Councilman J. L. Dawkins Mayor Hurley called the meeting to order, and offered the invocation. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Reverend Johnson commented that it appears the public hearings have gone well, since there were no persons present in the audience this evening to comment on the proceedings. Mayor Hurley also commented on the thoroughness with which the staff has prepared for the proposed annexation, and commended them for their hard work. He stated that this public hearing is for Area 15, Sycamore Dairy Road and U.S. 401 Bypass. Mayor Hurley then extended a welcome to all present this evening, and to special guest Mr. Welch Faulkner, Town Commissioner of Hope Mills, who was present to observe proceedings. Mayor Hurley also welcomed Mrs. Milo McBryde. Mayor Hurley stated that this is an excused absence for Councilman Dawkins, due to medical reasons. Mayor Hurley then recognized Assistant City Manager Roger Stancil for the presentation. Mr. Stancil displayed a map of the area, and certified that notice of this annexation public hearing was sent to the residents, and was published in The Fayetteville Observer, as required. He stated that the City Council adopted a resolution of intent to annex at a previous meeting. He stated that the annexation report and map had been on file in the City Clerk's office, as required; and read extracts from this report. He gave information regarding street maintenance and cost, and stated that there were no substandard streets in the area. He stated that sidewalks would be available by petition; and gave the cost for this service, as well as that for storm drainage. Mr. Stancil also provided information on law enforcement, fire protection, recreation and parks facilities, garbage collection, and transit service. He then introduced the various City department heads who were present in the audience to answer questions regarding services to be provided to Area 15. He stated that Mr. Tim Wood, of PWC, would present information concerning utilities. Mr. Tim Wood, Assistant Manager for PWC, then presented information regarding utilities. He stated that water and sanitary sewer service may be extended, and gave the cost for same, stating that property owners would be assessed for these services. He stated that, after annexation, the inside-city rates would apply. Mr. Wood also provided information regarding the installation of fire hydrants and street lights, and the corresponding costs. Mayor Hurley then asked if there were any comments from the audience. There were no comments from the audience. Note: Mr. Clinton Harris had filed opposition to all annexations on June 18, 1984. Reverend Johnson asked a question concerning fire hydrants, and asked if these would be in place on August 31, 1984. Mr. Stancil stated that the City will negotiate with volunteer fire departments, if necessary; and that fire hydrants would be in place as soon as possible. Reverend Johnson asked a question regarding traffic control, and asked whether speed limit signs would be installed immediately. The City Engineer replied that this would not be done right away, but that it would be done as soon as possible. Reverend Johnson then asked about privilege licenses for the businesses in Area 15. The City Attorney stated that the annexation would be effective August 31, 1984. The City Manager stated that this matter must be considered prior to annexation, and that he will provide information concerning same. Mayor Hurley asked about auto licenses, and the City Attorney stated that the residents must comply with the City Code requirements. The City Manager stated that auto license decals would be due in September, 1984. Reverend Johnson asked about building permits, and the City Manager stated that if they were issued prior to the annexation, they would be valid; if not, they must be secured. There was then a brief general discussion concerning building permits. Reverend Johnson asked if new City Limits signs would be posted. The City Engineer replied in the affirmative, and stated that the signs would be installed at the new City boundaries. Mr. Wofford commented on school districts, and stated that they do not change with annexation. Mayor Hurley then recognized City Attorney Cogswell, who, in a humorous aside, referred to the gourmet meals served at Cape Fear Valley Hospital, and stated that a certain City Councilman left one-half of a steak on his plate this evening. “It appeared to be more than he could handle," the City Attorney stated. Mayor Hurley then extended thanks to all for coming this evening. Mayor Hurley also recognized Eddie Riddle, a student from Methodist College who was present in the audience to observe proceedings. Thereafter, Mayor Hurley adjourned this public hearing at 7:30 p.m. SPECIAL ANNEXATION MEETING WEDNESDAY, JULY 11, 1984 SPECIAL ANNEXATION MEETING CITY HALL COUNCIL CHAMBER WEDNESDAY, JULY 11, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Aaron Johnson, Mildred Evans and Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Absent: Councilman J. L. Dawkins Mayor Hurley called the meeting to order, and the invocation was offered by Reverend Aaron Johnson. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley stated that this was an excused absence for Councilman Dawkins, due to medical reasons. Mayor Hurley then welcomed Hope Mills Commissioners Luther and Faulkner, Town Manager John Pick, and Town Clerk Erika Santiago, present in the audience this evening. Mayor Hurley also recognized Mrs. Ann Barbour, of the Cumberland County Board of Elections, Present in the audience. Mayor Hurley then extended thanks to all for coming, and stated that this was the public hearing on the annexation of Area 16, College Lakes. Mayor Hurley then called on Assistant City Manager Roger Stancil for the presentation, and Mr. Tim Wood, of PWC. Mr. Stancil displayed a map of the area, and certified that notice of this public hearing had been sent to the property owners. He stated that notice had also been published in The Fayetteville Observer, as required. He stated that Council had adopted a resolution of intent to annex this area several weeks ago, and that the annexation report and map had been on file in the City Clerk's office, as required. He stated that he would summarize the report. Mr. Stancil then introduced the various City department heads who were present in the audience to answer any questions regarding City services to be provided to Area 16. He also recognized Mrs. Ann Barbour, of the Cumberland County Board of Elections. Mr. Stancil commented on street maintenance and drainage, and their respective costs; as well as resurfacing policy. He stated that street construction would be by petition or by order of the Council, and gave the cost for same; and stated that there are substandard streets in the area. He stated that sidewalks would be by petition, and that their cost would be by assessment. He also gave information on storm drainage and the cost involved. Mr. Stancil then provided information concerning law enforcement and fire protection, and stated that the City may contract with rural fire departments for services to the area. He commented on parks and recreation services; garbage pickup, which would be by carts; and transit service to the area. Mr. Tim Wood, Assistant Manager of PWC, then presented information concerning utilities. He stated that most of the area is served by water and sanitary sewer, and gave the cost of same, stating that property owners would be assessed for these services. He stated that fire hydrants would be installed soon after annexation. Mr. Wood also gave the cost of water and sanitary sewer connections, pursuant to PWC policy. He stated that, ordinarily, the residents will not be required to connect; and that, once the area is annexed, inside-City rates for utilities will apply. He then provided information on street lights and their corresponding cost. Mayor Hurley then requested that Mr. Stancil display a tax comparison annual cost map regarding City services, for the information of those present this evening. Mayor Hurley then commented on the costs which had just been displayed by Mr. Stancil, and stated that the Council was present to answer any questions which the residents may have. Mayor Hurley then stated that he would hear comments from the audience. Mr. Lyle Hall, of 453 Bayshore Drive, stated that his main concern was with recreation. He stated that the residents of the area had a plan now, but that it would become obsolete if the area is annexed. He then asked what plans the City now has to purchase the proposed recreation area from the County. The City Manager stated that the City has appropriated funds to keep the plan going, and that he is currently talking with County officials concerning this matter. Mr. Jack Wilson, Parks and Recreation Department Superintendent, also commented on the program and plans by the City. He stated that the County will work with the City to continue the program. Following some brief discussion, Mrs. Evans suggested that Mr. Hall be considered for membership on the City Parks and Recreation Commission. Reverend Johnson requested that Mr. Wilson provide information concerning recreation facilities fees, and Mr. Wilson complied. Mr. Howard Matthews, of 4819 Arbor Road, was recognized in objection to paying taxes for the City to pick up garbage. He stated that he also needs water and street lights, and asked for Council's consideration regarding these matters. Mr. Tim Wood provided information on water and sanitary sewer and street lights for Mr. Matthews. Mr. Bruce Pulliam, of 458 Stacy Weaver Drive, a resident of College Lakes for nineteen years, asked if there are plans to divide the City into districts and wards, since the residents will want representation from their area. The City Manager replied that revision of the present system would require revision of the City Charter. Mr. Pulliam asked about membership on the City School Board, and Mrs. Ann Barbour answered his question. The City Manager informed Mr. Pulliam that annexation has no effect on school boundaries. Mr. Pulliam stated that many residents of College Lakes would like to serve on City boards. He also asked City Council if they would continue to support the Fayetteville Museum of Art and the Fayetteville Symphony. Reverend Johnson stated that he would like to know of persons who would like to serve on City boards and commissions. He stated that their membership would be welcomed by the City. The City Manager then stated that, according to the City Attorney, certain parts of the City Charter cannot be changed by ordinance. This statement was made in relation to Mr. Pulliam's comment about dividing the City into districts and wards. The City Manager also commented on the extension of utilities. There was then a detailed discussion of services which the City will provide to Area 16 when same is annexed. Bettie Jo Goodenough, of 310 Homewood Street, was recognized with a comment concerning the effect that annexation will have on voting minorities. The City Manager stated that the City must report this information to the Department of Justice for review. Mrs. Ann Barbour, of the Cumberland County Board of Elections, stated that they must consider the number of people in the area before forming a new voting precinct. A lady in the audience asked how long the policy has been in effect which provides that the area must be served with water within two years. The City Attorney stated that this is a provision of the new annexation law which was passed last year by the General Assembly. Reverend Johnson asked the City Attorney to comment on the rights of residents to whom City services are to be provided. The City Attorney stated that any resident may challenge the annexation procedure by going to the Superior Court for an order to have the necessary City services installed. He stated that the Court also has the right to set aside the annexation if due cause is shown. Mr. Scott Taylor, of 452 Southland Drive, was recognized with a question regarding annexation procedure. The City Attorney gave the provisions of the State statute, and stated that there are currently no local acts under this statute. Mr. Taylor stated that he now has all City services provided to him for less money, so annexation would cost him more. Mr. Wofford informed Mr. Taylor that County taxes will go down, and that the value of his property will increase if the annexation takes place. Mr. Taylor asked whether residents of the area could fight the annexation. The City Attorney replied that, in some instances, some courts have found it to be so. He also commented on fire protection services. Reverend Johnson commented on the general welfare and safety of the citizens being annexed. He gave septic tanks as an example. There were then comments by Mayor Hurley on the preceding general discussion. Mr. Paul Evans, of 1701 Ramsey Street, who owns property in the area, commented on the new annexation law. He also asked about the tax increase. The City Manager provided Mr. Evans with the City policy regarding street paving and sidewalks, and the costs for same. Mr. Tim Wood again stated the City policy concerning fire hydrants, street lights, and water and sanitary sewer services. Mr. Evans asked a question concerning fire protection, and the City Manager replied that the West area Fire Department will provide interim fire protection when a contract with the City is approved. Fire Chief Wilbur Johnson also commented that a mutual aid agreement is presently in effect between the City and all of the rural fire departments. The City Attorney commented on the volunteer fire departments who proposed the present provisions in the State law. There was then a general discussion with Mr. Evans concerning all of the City services. A lady from the audience asked for clarification concerning the fire protection to be provided, and the City Manager explained the First Response System. A lady who resides at 446 Stacy Weaver Drive asked a question regarding the maintenance of streets, and the City Manager stated that they are currently maintained by the State. Mr. Roger Nice, of 445 Saddle Ridge Road, asked a question concerning voting privileges. He stated that he was in the U.S. Army, and was a resident of the State of Texas. Mrs. Barbour, of the Cumberland County Board of Elections, stated that Mr. Nice may not vote, since he is a legal resident of the state of Texas rather than of the state of North Carolina. Mr. Nice then offered general comments regarding the method of annexation, to which Mayor Hurley responded. There was then a general discussion with Mr. Nice concerning annexation and housing. Mr. Nice suggested straight-line annexation by the City. He also suggested that the City forget the Downtown Transit Mall. Mr. Nice then suggested prorating the sewer bill, and stated that more street lights are needed in the area. Mrs. Catherine Traylor, of 5405 Maryland Drive, asked a question concerning fire hydrant installation; and Mr. Tim Wood stated that fire hydrants would probably be installed within a year. Mrs. Traylor then asked questions regarding privilege licenses and the Grandfather Clause. She also asked about vehicles which were left parked on the street, and about non-conforming uses of property in the area. The City Attorney provided answers to the questions raised by Mrs. Traylor. Mrs. Traylor then asked a question concerning building permits, and the City Attorney replied that permits are required in most cases. Mrs. Traylor asked when City taxes would go into effect once the area is annexed, and the City Attorney replied that they would be effective the day after annexation. Mrs. Traylor asked bow many residents of Area 16 are now City employees. The City Manager replied that he did not know the answer to this question. Mrs. Traylor asked a question concerning garbage collection, and asked whether she must use the cart provided by the City. She stated that she was retired, and was accustomed to just placing her garbage on the curb in a plastic bag. Mr. Clark Dill, Sanitation Superintendent, stated that she was not required to use her cart, and may continue to place her garbage on the curb in a plastic bag; but suggested that experience has shown that dogs have a habit of tearing open these plastic bags and scattering the garbage around the yard and street. The City Manager informed Mrs. Traylor that the City will roll her cart out for her at a cost of $26.00 per year. Mrs. Traylor asked a question regarding voting, and asked whether area residents could vote in the November general election. Mrs. Barbour replied that only City elections will be affected by the annexation. Mr. Charlie Covell, of 500 Southland Drive, asked a question concerning paving, drainage, sidewalks, and water and sewer costs. Mr. Tim Wood answered the question regarding water and sewer; the City Manager answered the question on paving; and the City Attorney provided information on the assessment process for these services. Mr. Covell also asked a question regarding recreation, stating that the residents want a soccer program in the area; and Mr. Wilson, of the Parks and Recreation Department, replied that this would definitely be possible. Mr. Clinton Harris, a local citizen who is not a resident of Area 16, and who had presented opposition on June 18, 1984 to all annexations, was recognized; and commented on voting and single-district wards or precincts. He asked whether the City Council would request a change in the present system of the General Assembly. He then asked whether the Council could request this answer tonight. The City Attorney answered that it could not be done this soon, but that it may be done in three separate ways; and enumerated them for Mr. Harris' information. Mr. Wofford commented on the suggestion of Mr. Harris, which may be non-representative of government as compared to the present at-large system. He stated that this could be the disadvantage in changing the present system. There was then a general discussion of this subject. Barbara Mallard, of 5401 Sandstone Drive, asked what police protection would be provided for the population of the area, which totals ten thousand residents; and the City Manager replied that the area would be provided with ten police officers. Captain William Johnson, of the Police Department, also commented on Mrs. Mallard's question. There was then some general discussion of the question. Mrs. Mallard then asked about burning permits, and asked whether she may continue with her present practices with regard to burning material. Chief Johnson, of the Fire Department, stated that she may continue with her present methods if she secures a permit from Westarea Fire Department. Mrs. Mallard also asked a question concerning street maintenance, and stated as an example Shannon Drive, which is full of potholes. Mr. McBryde stated that Shannon Drive is a private street, but that the City is presently working on this problem. Mr. Scott Taylor was recognized again, with a comment concerning transit service; and asked if the City will provide this service to College Lakes. He stated that he does not want the buses in his neighborhood. The City Manager stated that bus service, or transit service, is based on ridership use. Mr. Taylor asked whether the residents of College Lakes can be guaranteed ten additional police officers for protection in their area. The City Manager stated that a class is graduating from the Police Academy in the near future, and that the City is still hiring police officers. Mr. Taylor asked about the City leash law, and Mr. McBryde replied that this is a County function. Mr. Taylor asked how the law is enforced, and the City Manager replied that enforcement is a County function. Mr. Taylor stated that dogs are a problem in the neighborhood, and asked what the City could do about it. The City Manager replied that his office and the County Manager's office will handle the situation, and that the City will help in all respects. During the discussion of this question which followed, Mr. Wofford stated that enforcement of the City leash law should be a City function, and that his committee is currently studying this matter. There was then some general discussion of this question. Mayor Hurley then asked if there were other comments from the audience, and there were none. Mayor Hurley then extended thanks to all of the residents for attending the meeting this evening, for their informative comments. Mayor Hurley then declared this public hearing and this meeting adjourned. REGULAR MEETING MONDAY, JULY 16, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, JULY 16, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, and Jimmie Jones. 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 offered by the Reverend Mike Rice, Minister of Music at Snyder Memorial Baptist Church. Mayor Hurley then led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then stated there were a number of VIP's in the audience, and recognized Miss Fayetteville for 1984, Ms. Joni Parker, along with Betty Smith, her business manager; and Katherine Zollars, the beauty pageant chairman. Mayor Hurley then presented Joni with a Market House charm, and wished her much success. Joni expressed her pleasure at being present this evening, and thanked the Mayor for the gift. She commended the Mayor and the members of the City Council for their efforts on behalf of the City. Mayor Hurley then administered the oath of office to Mr. Charles E. Smith, Jr., newly reappointed member of the Civil Service Commission. Mayor Hurley then presented a Five-Year Service Award pin to Willie Martin, of the Transit Department. Mayor Hurley then called on the City Manager, who introduced the new Chief of Police, Mr. Ron Hansen; and stated that Mr. Hansen started to work today. Mayor Hurley then recognized members of the Youth Council who were present in the audience. Mayor Hurley stated that the City Attorney had requested an Executive Session at the end of this meeting, for litigation and land transaction matters only. 1. Consent: Mr. McBryde pulled Item “K". The City Attorney pulled Item “F", and stated that, on Page 344 of the Minutes of July 2, 1984, he failed to recommend that City Council appoint him to represent the City Manager in the case of Cecelia Gray. Mayor Hurley stated that he would take a motion at the appropriate time. Mr. McBryde then moved for the approval of Consent Items “A" through “O", excepting Items “F" and “X"; seconded by Mr. Jones and carried unanimously. The Consent Items appear below. A. Approval of minutes of special annexation meeting of June 25, 1984. B. Approval of minutes of special annexation meeting of June 26, 1984. C. Approval of minutes of special budget meeting of June 26, 1984. D. Approval of minutes of special annexation meeting of June 27, 1984. E. Approval of minutes of special budget meeting of June 27, 1984. Item “F" had been pulled. G. Approval of the rezoning from C3 heavy commercial and P2 professional district to C2 central business district, or to a more restrictive zoning classification than presently zoned, for an area located at 312 Maiden Lane. H. Approval of W. E. Bulen and C. and G. Giddens office condominiums in a P2 professional district for preliminary and final condominium review for an area located on the northwest corner of US 401 (Raleigh Road) and Coronation Drive. I. Approval of Carpet Crafters in a C1P shopping center district for preliminary and final site plan review for an area located at 4001 Raeford Road. J. Approval of Bobby Taylor Oil Company, Inc., for a C1P shopping center district for preliminary and final site plan review for an area located on the northwest corner of Ramsey Street and Treetop Drive. Item “K" had been pulled. L. Set public hearing for August 20, 1984, to consider the rezoning from C1 local business district and R6 residential district to R5A residential district, or to a more restrictive zoning classification, for an area located on the west side of US 401 (Ramsey Street), north of Roland Circle. M. Set public hearing for August 20, 1984, to consider a resolution and order into file and publish preliminary assessment roll on Taft Street, from Whitfield Road to the northeast corner of Lot 170, Plat Book 15, Page 64, Cumberland County Registry. RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON TAFT STREET. RESOLUTION NO. R1984-77. N. Award of contract for construction of approximately 12,924 feet of 16-inch water main along Andrews Road, Shaw Mill Road and Ridge Road, to James Dobbins Construction Company (the low bidder), for their bid of $316,571.80. O. Adoption of resolution of intent to close Bass Street, and set public hearing for August 20, 1984. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE BASS STREET. RESOLUTION NO. R1984-78. Mr. Dawkins requested and received permission to abstain from voting on Item “K", and thanked everyone for their cards and prayers while he was in the hospital. The City Attorney suggested that Council approve Item “F" first, and then entertain a motion. F. Approval of minutes of regular meeting of July 2, 1984. Mr. Wofford offered motion, seconded by Mr. McBryde and carried unanimously, to approve Item “F". The City Attorney recommended that the City Council appoint him to represent City Manager John Smith in the Cecelia Gray case. Mrs. Evans offered motion, seconded by Mr. Dawkins, to follow the recommendation of the City Attorney. The motion carried unanimously. The City Attorney commended Mr. Charles Smith, of the Civil Service Commission, for his efforts as Chairman of the Commission. K. Approval of Golden Corral Restaurant in a C1P shopping center district for preliminary and final site plan review for an area located on the east side of McPherson Church Road, north of Vancouver Drive. Mr. McBryde asked a question on Item 12 and the fifteen-foot setback from the right-of-way. He asked if ten feet was not the normal right-of-way distance. Mr. Mitchell replied in the affirmative; but stated that fifteen feet is the extension for this particular location. Mr. McBryde then moved for approval of Item “K", changing “fifteen feet" to “ten feet" in both cases; seconded by Mr. Jones and carried, Mr. Dawkins abstaining from voting. Mr. Wofford requested permission to leave the meeting at 9:15 p.m., to pick up Mr. Joe Namath at the Airport. Mr. Dawkins requested and received permission to abstain from voting on Item 3A. 2. Consideration of Contract and Contract Amendments regarding the Prince Charles UDAG. A. Amendment of Contract between the City of Fayetteville and Zuchelli, Hunter and Associates, Inc. B. Contract between the City of Fayetteville and Prince Development Company. C. Memorandum of Understanding between the City of Fayetteville and Prince Development Company. It was recommended that the Mayor be authorized to execute the agreements. The City Manager presented these matters, and gave comments and explanation as contained in his memo to City Council, a copy of which is attached to the original of these minutes. Mrs. Evans then offered to follow the recommendation of the City Manager and approve the foregoing, “A", “B", and “C"; seconded by Mr. Wofford and carried unanimously. 3. Public Hearings: A. Consideration of proposal to submit application for UDAG funds for the proposed Cape Fear Shopping Center. The City Manager presented this matter, and offered comments from his memo to the City Council, a copy of which is attached to the original of these minutes. The City Manager stated that a petition of approval was received on this matter. There was then some discussion of the matter. Mayor Hurley then recognized the following persons in favor: Mr. Robert Adams, of the NAACP, who read a statement; Mr. James Hardin, Executive Director of the Cumberland County Association of Indian People, who offered comments; Ms. Geraldine Henderson, of 1905 Stanberry Street, also of the NAACP; Mr. Clinton Harris, of 2793 Alden Street, with comments; Mr. Doyle Claywell, formerly with HUD in Greensboro, with comments; and Mr. David Swain, developer of the proposed shopping center, with comments. Mayor Hurley then recognized the following in opposition: Mr. Albert McCauley, of 2261 Middle Road, with comments; Mr. Kermit Weeks, of 107 Cochran Avenue, with comments; Mr. J. P. Riddle, a developer, with comments; and Mr. Rick Pulliam, of 2225 Winterlochen Drive, a representative of the Pepsi-Cola Company, with comments on street accessibility to their new plant proposed for the area. There was then some general discussion of the matter. Mayor Hurley then declared the public hearing ended. Mrs. Evans offered comments, and moved that we submit an application for a UDAG grant for the proposed Cape Fear Shopping Center, with City participation not to exceed $224,000; motion seconded by Mr. Wofford. There was then a discussion of land value and appraisal, and the City Manager recommended that the application not be submitted without this appraisal. There were then comments by Mr. Swain, the developer; and discussion of this matter. Mayor Hurley then recognized Mr. John Tyson, of Dobbin Holmes Road, who is employed by the Revco Drug Company, with comments. There was then further discussion with Mr. Swain. Mrs. Evans then offered an amendment to her motion, that the price be approved if same is not disproportionate to the overall project; and that the City Manager be responsible for determining whether or not the price is disproportionate. This amendment was satisfactory to Mr. Wofford. There was then some further detailed discussion. Reverend Johnson then offered a substitute motion that this matter be delayed until we get the information on the five issues recommended by the City Manager; motion seconded by Mr. McBryde. Mayor Hurley then called for a vote on the motion, and it was as follows: for the motion, Councilmembers Johnson, McBryde and Jones; against the motion, Councilmembers Hurley, Evans and Wofford; Mr. Dawkins abstaining. Mayor Hurley then declared a tied vote. The substitute motion failed, and moved back to the main motion. Mayor Hurley then called for a vote on the main motion, and it was as follows: for the motion, Councilmembers Evans, Wofford and Hurley; against the motion, Councilmembers Johnson, McBryde and Jones; Mr. Dawkins abstaining. Mayor Hurley then declared a tied vote on the original motion, and declared it failed. Mayor Hurley then declared a five minute break. B. Consideration of a Downtown Redevelopment Loan to Walter Vick for Numbers 1 - 7, Market Square Building. Approval was recommended. The City Attorney presented this matter, and stated Mr. Vick had applied for a loan for $32,500 under the program; and that it had been advertised. He distributed copies of the plans. There was then some discussion of the matter. There were neither proponents nor opponents present. Mr. McBryde then moved for approval of the request; seconded by Mrs. Evans and carried unanimously. 4. PLANNING BOARD MATTERS: A. Consideration of the rezoning from R10 residential district to C1P shopping center district, or to a more restrictive zoning classification, of an area located at 1910 Owen Drive. The Planning Board recommended conditional approval to deny R10 to C1P, and approve P2. Planner Mitchell presented this matter; and stated that the Planning Board recommended to deny R10 to C1P, and approve P2. He stated that this has not been appealed. Mrs. Evans offered motion to follow the recommendation of the Planning Staff and Planning Board; seconded by Mr. Dawkins and carried unanimously. B. Consideration of Wetherburn's Village in an R10 residential district for preliminary and final zero lot line development review for an area located on the south side of Scotty Hill Road, north of Rogers Drive. The Planning Board recommends conditional approval. Planner Mitchell presented this matter, and stated that the Planning Board recommended conditional approval. He stated that the developer can only have eleven of the twelve units proposed for the property, since he does have the necessary square footage. There was then some discussion. Reverend Johnson offered motion for approval as recommended; seconded by Mr. Wofford and carried unanimously. 5. Consideration of adoption of Capital Project Ordinance Amendment change 84-5(CAP-84-5, 12, 6, 5), redistribution of Community Development funds from project years 6, 7, 8 and 9 to site improvements for Prince Charles Hotel project and 301 Industrial Park. Adoption of the ordinance amendment was recommended. The City Manager presented this matter, and stated that the amendment is to make the Community Development project ordinance in line with changes previously approved in the Community Development grant budgets. These funds are coming from unused funds from previous program years to fund site improvements in the Prince Charles Project and site improvements for the proposed City Industrial Park on Eastern Boulevard. Following brief discussion, Mr. Wofford offered motion to adopt the Ordinance amendments as recommended; seconded by Mr. Dawkins and carried unanimously. 6. Consideration of adoption of a resolution and notice of intent to close Beale Street, from North King Street to North Racepath Street. It was recommended that a public hearing be set for August 20, 1984. The City Manager presented this matter; and stated that, based on City Council's previous action, no action is necessary on this matter. Mr. McBryde asked whether Council should consider re-opening North King Street sometime in the future. There was then discussion of this matter with the City Attorney, who stated that he would investigate the matter further. The City Manager again suggested that no action be taken. City Council took no action on this matter. 7. Reconsideration of contract for services with Dillard-Lewis, Inc., for sky cap services at the airport. (This matter continued from the July 2, 1984 meeting.) Approval was recommended. The City Manager presented this matter; and called on Airport Manager Tom Ray, who stated that this is a proposal for sky cap service, which we have not previously had at the Airport. He stated that this service was normally provided by the airlines, but that was not possible in this case. The service is seriously needed. The contractor will provide service on a tip basis only, with no charge for the service and at no cost to the City. This will also release some Airport employees who have, due to necessity, been providing this service. Mr. Ray strongly recommended approval. Mrs. Evans moved for approval of the foregoing as recommended; seconded by Mr. Dawkins and carried unanimously. 8. Consideration of Ordinances to extend the corporate limits of the City of Fayetteville, under the authority granted by Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, for the following areas: A. Area 2 - Owen Drive/Southern Avenue B. Area 3 - Borden Heights C. Area 4 - Owen Drive/Cumberland Road D. Area 4A - 2600 Owen Drive E. Area 4B - 2650 Owen Drive F. Area 5 - Owen Drive/Seaboard Coast Line G. Area 6 - Holiday Park H. Area 7 - Owen Drive/CP & L Power Line I. Area 8 - Pleasant Valley J. Area 8A - 3410 and 3414 Boone Trail K. Area 8B - 3330 and 3334 Boone Trail L. Area 9 - Guy Circle/McPherson Church Road M. Area 12 - Ramsey Street Adjacent to “The Greens" N. Area 13 - Law Road/Longview Drive O. Area 13A - 307 Longview Drive P. Area 14A - Hilton Drive/Roses Lake Adoption of Ordinances was recommended. Assistant City Manager Stancil presented this matter, and stated that some changes must be made in each ordinance; and that this would be done before they are officially signed. He outlined the changes for the benefit of City Council. The City Attorney stated that each ordinance must be adopted as amended by a separate motion. A. Mr. Wofford offered a motion for adoption of the ordinance as amended; seconded by Mr. McBryde and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 2 - OWEN DRIVE/SOUTHERN AVENUE. NO. 84-7-272. B. Mr. Wofford moved for adoption of the ordinance as amended; seconded by Mr. McBryde and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 3 - BORDEN HEIGHTS. NO. 84-7-273. C. Reverend Johnson moved for adoption of the ordinance as amended; seconded by Mr. Jones and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 4 - OMEN DRIVE/CUMBERLAND ROAD. NO. 84-7-274. D. Mr. McBryde moved for adoption of the ordinance as amended; seconded by Mr. Dawkins and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 4A - 2600 OWEN DRIVE. NO. 84-7-275. E. Mr. Wofford moved for adoption of the ordinance as amended; seconded by Mr. Jones and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 4B - 2650 OWEN DRIVE. NO. 84-7-276. F. Mr. McBryde offered motion for adoption of the ordinance as amended; seconded by Mr. Wofford and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 5 - OMEN DRIVE/SEABOARD COAST LINE. NO. 84-7-277. G. Mr. Dawkins offered motion to adopt the ordinance as amended; seconded by Reverend Johnson and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 6 - HOLIDAY PARK. NO. 84-7-278. H. Mr. Jones offered motion to adopt the ordinance as amended; seconded by Mr. Dawkins and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 7 - OMEN DRIVE/CP & L POWER LINE. NO. 84-7-279. I. Reverend Johnson offered motion to adopt the ordinance as amended; seconded by Mr. Dawkins and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 8 - PLEASANT VALLEY. NO. 84-7-280. J. Mr. McBryde offered motion to adopt the ordinance as amended; seconded by Mr. Jones and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 8A - 3410 AND 3414 BOONE TRAIL. NO. 84-7-281. K. Mr. Wofford moved for adoption of the ordinance as amended; seconded by Mr. Jones and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 8B - 3330 AND 3334 BOONE TRAIL. NO. 84-7-282. L. Mr. McBryde offered motion for adoption of the ordinance as amended; seconded by Mr. Wofford and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 9 - GRAY CIRCLE/MCPHERSON CHURCH ROAD. NO. 84-7-283. M. Reverend Johnson offered motion to adopt the ordinance as amended; seconded by Mr. McBryde and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 12 - RAMSEY STREET ADJACENT TO “THE GREENS". NO. 84-7-284. N. Mr. Dawkins offered motion to adopt the ordinance as amended; seconded by Mr. Wofford and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 13 LAW ROAD/LONGVIEW DRIVE. NO. 84-7-285. O. Reverend Johnson offered motion to adopt the ordinance as amended; seconded by Mr. Dawkins and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 13A - 307 LONGVIEW DRIVE. NO. 84-7-286. P. Reverend Johnson offered motion to adopt the ordinance as amended; seconded by Mr. McBryde and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 14A - HILTON DRIVE/ROSES LAKE. NO. 84-7-287. 9. APPOINTMENTS: A. Appointment of the following to the Board of Adjustment: 1. Dick Detter 2. Don Nelms 3. William R. Hill 4. Tommy McCoy (alternate) Mr. McBryde offered motion, seconded by Mr. Wofford, to reappoint the foregoing members for three-year terms of off ice each, said terms extending to July of 1987; motion carried unanimously. 10. DELEGATIONS: Council recognized Mr. Donald C. Fuller, of 517 McDaniel Street, who stated that he has a problem concerning community development in his area. He reminded Council that he came before them some time back with the question. He stated he was injured in 1981, and had back surgery; and that, since he had no income for some time, he had gotten behind in some of his payments. He stated that he had applied under the Community Development Rehab Program for home rehabilitation. He stated that he also owes money on his property. He stated that he understood that Council may make exceptions to the Community Development guidelines if he requested it, and that Community Development will do the work necessary at his old homeplace. He requested City Council's consideration. Council recognized Mr. Richard Herrera, Executive Director of Community Development, who gave a brief explanation of the situation. City Council requested Mr. Herrera to provide them with complete details of this situation in writing, since they hesitated to discuss it in open meeting; and Mr. Herrera stated that he would provide the requested information. Council next recognized Mr. Clinton Harris, a private citizen, who commented on the water and sewer extensions in the newly annexed areas. He stated that, in his opinion, this was a problem of the County; and that the County should have resolved the problem years ago. He commented concerning the astronomical cost to the City to provide such service now that these areas are annexed; and stated that this cost must now be borne by the taxpayers of the City. He stated that he was of the opinion that the County should fund these extensions, and suggested that the County be requested to do so. 11. CITY MANAGER'S REPORTS: A. Report on statement of taxes from Cumberland County Tax Collector. The City Manager stated that he was in receipt of this report for the month of June; and that he wished the record to state that it had been received. B. Report on disposal of surplus property. The City Manager requested that the report on this matter be made a matter of record before the City Council; and that it be included in the minutes. C. Set special meeting for July 21, 1984, to adopt three annexation ordinances and award contract for the purchase of roll out carts. Following some discussion of this matter, City Council set this meeting for 8:45 a.m. on Saturday, July 21, 1984, at the Kyle House. On one final item, the City Manager reminded Council of the information meeting to be held on Monday night, July 23, 1984, with the Recreation Advisory Commission. 12. MATTERS OF INTEREST TO THE COUNCIL: Mr. Wofford asked the City Manager about the status of the Cablevision contract. The City Manager stated that he bad talked with Mrs. Rice, who will be in town this week. He also stated that the contract had been executed with Rice Associates, and that they will perform an analysis on the Cablevision contract and make a report to City Council. Mr. McBryde stated that he was glad to have Mr. Dawkins back. Reverend Johnson echoed Mr. McBryde's sentiments, and stated that he was glad all was well with Mr. Dawkins again. Mr. Dawkins stated to the Council members that he, too was happy to be back and in good health again. Mr. Jones commented on the private company garbage trucks using Underwood Street, and stated that he felt the County should pay for the maintenance of this street. Mayor Hurley commended the City Councilmembers on their conduct of a very long and tedious session this evening. Mayor Hurley stated that he would then entertain a motion for an executive session; and Mr. McBryde offered motion, seconded by Mr. Jones and carried unanimously, to recess into executive session to discuss litigation and land transaction matters only. City Council then adjourned the Executive Session, reconvened into regular session; and adjourned, upon motion made and duly seconded. SPECIAL MEETING SATURDAY, JULY 21, 1984 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING KYLE HOUSE CONFERENCE ROOM SATURDAY, JULY 21, 1984 8:45 A.M. Present: Mayor John W. Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Mildred Evans John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Absent: Councilmember Aaron Johnson (unexcused) Councilmember Jimmie Jones (excused) Mayor Hurley called the meeting to order. Councilmember Dawkins requested and received permission to abstain from voting on Item B, annexation of Area 15 (U.S. 401 Bypass/Sycamore Dairy Road). Council then considered ordinances to extend the corporate limits of the City of Fayetteville, under the authority granted by Part III, Article 4A, Chapter 160A of the General Statutes of North Carolina, for the following areas: A. Area 14 - Hilton Drive/Java Drive B. Area 15 - U.S. 401 Bypass/Sycamore Dairy Road C. Area 16 - College Lakes Mr. McBryde offered a motion for the adoption of the following ordinance, seconded by Mrs. Evans and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART III, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 14 - HILTON DRIVE/JAVA DRIVE. NO. 84-7-288. Mr. Wofford offered a motion for the adoption of the following ordinance, seconded by Mrs. Evans and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART III, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 15 - U.S. 401 BYPASS/SYCAMORE DAIRY ROAD. NO. 84-7-289. Mr. McBryde offered a motion for the adoption of the following ordinance, seconded by Mr. Wofford and carried unanimously. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE UNDER THE AUTHORITY GRANTED BY PART III, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA - AREA 16 - COLLEGE LAKES. NO. 84-7-290. Upon motion by Mr. Wofford, seconded by Mr. McBryde, and carried unanimously, the meeting was adjourned. INFORMATION/SPECIAL MEETING MONDAY, JULY 23, 1984 INFORMATION/SPECIAL MEETING FAYETTEVILLE CITY COUNCIL JOINT MEETING WITH PARKS & RECREATION ADVISORY COMMISSION SENIOR CITIZENS SERVICE CENTER MONDAY, JULY 23, 1984 7:00 P.M. Present: Mayor John W. Hurley Councilmembers Milo McBryde, Aaron Johnson, Mildred Evans, Milton Wofford, J. L. Dawkins and Jimmie Jones John P. Smith, City Manager Suzan K. Cheek, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Parks and Recreation Advisory Commission Members: Chairman Sandy Saunders, Louise Jenkins, Mike Uzzell, Jessie Kirkland, George Armstrong, Lois Moses, John Stephenson, Mark Kendrick, and Ann Nimocks Sandy Saunders offered the invocation, and invited everyone to a cook-out meal prepared by the Parks and Recreation Department. The joint meeting with the Parks and Recreation Advisory Commission was called to order by Mayor Hurley. Mayor Hurley welcomed everyone, and introduced Jack Wilson, Director of the Parks and Recreation Department. Mr. Wilson acknowledged the Master Plan Team members who were present. These members were George Vaughn and Al Mitchell, of the Planning Department; Suzan Cheek, Assistant City Manager for Economic and Community Development; Chris Barna, Engineering Department and Consultants; Jim Hinkley, Bonnie Vestis, and Derick Williams, of Planning South, Inc.; and Bill Laslett, architect. Using graphic displays, information, findings and conclusions on the demographics of the urban area, Mr. Hinkley presented the needs and desires as expressed by the community, goals and objectives, park standards, facility divestment potential, revenue generating possibilities, and the five-year facility plan. He also elaborated on the importance of taking advantage of our river and streamways, and discussed briefly the proposed 8˝-mile Little Cross Creek Steamway System. Mr. Wilson followed, presenting several conceptual designs that emphasized different facility types. Examples included a park/school facility, a metropolitan facility, a sports complex, and an outdoor/environmental education facility. He also indicated that the five-year program needed to be refined after tonight's meeting, and put into a final document. A wrap-up to the presentation was given by the City Manager, Mr. Smith. He indicated that the next important step in the process is to develop a financial program that will package the various public and private monies for the purpose of implementing the five-year plan. Mayor Hurley introduced David Roland, of Fayetteville Progress, Inc., who gave a presentation on the Municipal Market. Mr. Roland stated that the basis of the market proposal is a 25-year ground lease of the property and all buildings, and improvements by Crescent Development Corporation (the development branch of White Oak Properties). Once the 25-year period is up, Crescent has the right to renew the lease for five 5-year periods. Mr. Roland then summarized the lease agreement. Following brief discussion of the Municipal Market, upon motion by Councilmember Dawkins, seconded by Councilmember McBryde and carried unanimously, Council entered the Special Meeting at 8:40 p.m. Mr. Smith presented, for Council's consideration, the award of contract for purchase of roll out carts. Mr. Smith explained that he was recommending the second lowest bidder, Rubbermaid, because in addition to the specifications, they had offered to deliver the pre-assembled carts to the College Lakes residents. This would greatly reduce the cost to the City, since trucks and employees would not be needed to deliver the carts to College Lakes Subdivision. Councilmembers asked whether the low bidder of Kabco, Inc. had made this same offer. Mr. Smith stated that they had not included it in their bid as Applied Products, Inc. had done. It was noted that this was not a requirement; but that bid specifications provided a place for other features to be added by the bidder if they so desired. Kabco, Inc. had not done this. Also, Kabco's bid stated that the deadline for the award of this contract was no later than July 20; while Rubbermaid's deadline was July 24. Council recognized Mr. Harry Lupton, a representative of Kabco, Inc. Mr. Lupton explained that Kabco did not put anything on their bids except what was required, but that they would also deliver the pre-assembled carts to the College Lakes residents without increasing their bid. City Attorney Cogswell then read Paragraph 17 of the Instructions to Bidders. This paragraph reads as follows: “The award of this contract will be made on the most advantageous bid on a quality versus price basis, taking into consideration the responsibility of the bidder and the materials and supplies or equipment deemed to be best adapted to the uses of the various agencies." Mr. Cogswell stated that both Kabco, Inc. and Rubbermaid met all of the bid requirements where they were asked to provide specific information. Kabco's bid stated that they bad to receive award on or before July 20, in order to make delivery by August ID. Mr. Cogswell further stated that explanation had been made to Council of the differences between the two bids and the additional cost to the City if the Kabco bid were to be accepted as it is right now. However, Kabco, through their representative, Mr. Lupton, has agreed to deliver the pre-assembled carts to College Lakes Subdivision by the delivery date of August ID. Mr. Cogswell continued by stating that, if Kabco is willing to do this, he feels that the low bid of Kabco is now equal to the next low bidder; and that it is appropriate to award to Kabco under these conditions. Mr. Smith addressed the Zarn cart representatives, and asked whether the carts would be delivered assembled to the College Lakes Subdivision within the delivery date specified. Mr. Lupton responded in the affirmative. Following this discussion, Councilmember Wofford offered motion, seconded Liby Councilmember Dawkins, to award to the low bidder, Kabco, Inc., in the amount of $82,102.50; with the stipulation that one thousand (1,000) roll out carts shall be assembled and delivered to College Lakes Subdivision. The motion carried unanimously. Mr. Smith presented the next item, which was consideration of acceptance of bids for front-loading garbage bodies. Mr. Smith recommended that the lowest bid of $26,483.00 each for two (2) FL 32 Pak-Mor bodies by Simpson Equipment Company be accepted. Councilmember McBryde offered motion, seconded by Councilmember Evans and carried unanimously, to accept the low bid as recommended. The next item to be considered was bids for three (3) new rear-loading refuse bodies. Mr. Smith stated that he recommends Simpson Equipment Company, which was not the low bidder, based upon the report of Clark Dill, Sanitation Director. He then asked Mr. Dill to explain his findings to Council. Mr. Dill stated that since the bodies of the low bidder had a history of high maintenance costs, and since there is only $54.00 difference in price, he is recommending the Pak-Mor for a price of $23,239.00. The City Attorney was recognized; and stated that, again, Paragraph 17 of the Instructions to Bidders would apply. Councilmember Evans offered motion to award to Simpson Equipment Company in the amount of $69,717.00, based upon Paragraph 17 of the Instructions to Bidders. The motion was seconded by Councilmember Dawkins, and carried unanimously. There being no further business, the meeting was adjourned at 9:15 p.m. Respectfully submitted. REGULAR MEETING MONDAY, AUGUST 6, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, AUGUST 6, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Aaron Johnson, J.L. Dawkins, Mildred Evans and Jimmie Jones Roger L. Stancil, Assistant City Manager Richard Lewis, Acting City Attorney for Robert C. Cogswell, Jr. Absent: John P. Smith, City Manager Robert C. Cogswell, Jr., City Attorney Mayor Hurley called the meeting to order, and the invocation was offered by Major Jack Chastain, of the Salvation Army. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. RECOGNITION: Mayor Hurley recognized Robin Michelle Thornton, and presented her with a certificate for earning the Girl Scout Silver Award. Mayor Hurley also recognized Bob Weatherman, and presented him with a certificate for service to the Risk Management Advisory Commission. Mayor Hurley also recognized Frank Simpson and Debbie Smithwick, of the City Inspections Department, for certificates received from the North Carolina Code Officials Qualification Board in Raleigh on July 26, 1984. Mayor Hurley then recognized Fire Chief Wilbur Johnson, who gave a report on the fire which occurred at the Belk Department Store on Hay Street late Sunday afternoon. Chief Johnson stated that he was concerned about the transient people who get inside these buildings, and stated that something should be done to help get them off the streets and out of the buildings. He requested Council's assistance in this matter. After the fire report was given by Chief Johnson, Councilman Wofford asked that the City Manager and the City Attorney, along with members of the Police, Fire, and Inspections departments and any others who are concerned, get together with downtown property owners and take whatever measures are necessary to seal and secure the buildings in the downtown area. Mr. Stancil requested that Consent Item “N" and Item 10 be removed from the agenda. This request was approved. Mrs. Evans requested an executive session at the end of this meeting, to discuss a personnel matter. Mr. Wofford then moved, seconded by Mrs. Evans, to approve Consent Items “A" through “W", excepting Item “N". The Consent Items appear below. 1. CONSENT: A. Approval of minutes of special meeting of July 9, 1984. B. Approval of minutes of special meeting of July 10, 1984. C. Approval of minutes of special meeting of July 11, 1984. D. Approval of minutes of regular meeting of July 16, 1984. E. Approval of minutes of special meeting of July 21, 1984. F. Adoption of resolution authorizing Lease Agreement between Highland Airport Express, Dillard-Lewis, Inc., and Fayetteville Airport Commission, to lease Office Suite #6, Airport Terminal Complex. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1984-79. G. Approval of the initial zoning to C3 heavy commercial district, or to a more restrictive zoning classification, for an area located at 1114 Gillespie Street. H. Approval of the initial zoning to R6 residential district, or to a more restrictive zoning classification, for an area located on the south side of Seminole Street, east of Goins Drive. I. Approval of the rezoning from C(P) planned commercial district to R5A residential district, or to a more restrictive zoning classification than presently zoned, for an area located on the north side of Treetop Drive, east of U.S. 401 North. J. Approval of the rezoning from R6 residential district to P2 professional district, or to a more restrictive zoning classification, for an area located on the north side of Fort Bragg Road, east of Stamper Road. K. Approval of the Charles Addison Office Building in a C1P shopping center district for a preliminary and final site plan review, for an area located on the northeast corner of Ravenhill Drive and Executive Place intersection. L. Approval of Drexel Subdivision, Section 4, in an R10 residential district for a preliminary and final subdivision and zero lot line development review, for an area located north of Foster Drive, between Rosehill Road and the proposed Rosehill Road realignment. M. Approval of Winwood on Skye Drive, Section 3, in an R15 residential district for preliminary and final subdivision and zero lot line development review, for an area located northwest of the Summertime Road and Skye Drive intersection. N. Item “N" bad been removed. O. Adoption of Resolution and Notice of Intent to close Jackson (formerly Dawkins) Street, and set public hearing for September 4, 1984. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE JACKSON (FORMERLY DAWKINS) STREET. RESOLUTION NO. R1984-80. P. Set public hearing for September 4, 1984, for consideration of amendments to Chapters 14 and 27 of the Fayetteville City Code governing garbage containers and standards for internal drives in group developments. Q. Adoption of Preliminary Resolution and Notice of Intent to close a portion of Michael Street, and set public hearing for September 4, 1984. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF MICHAEL STREET. RESOLUTION NO. R1984-81. R. Award of contract for fifty thousand pounds of 954 Aluminum Conductor to Rigby Electric Supply Company (the low bidder), for their bid of $47,040.00. S. Award of contract for eighty-five Class 2 Wooden Utility Poles to Koppers Company, Inc. (the low bidder) for their bid of $39,922.25. T. Approval of the sale of property by resolution in southeast Fayetteville NDP Redevelopment Plan to Carolina Services of Fayetteville, for the sum of $2,625.00 (first tract: 7,500 square feet). RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY - SOUTHEAST FAYETTEVILLE NDP. RESOLUTION NO. R1984-82. U. Adoption of resolution authorizing the condemnation of a ten foot wide easement for sewer purposes. RESOLUTION AUTHORIZING AND DIRECTING THE ACQUISITION BY CONDEMNATION OF AN EASEMENT FOR SANITARY SEWER IN, UPON AND OVER CERTAIN LAND OWNED BY LEONARD C. EDGE AND WIFE, BARBARA H. EDGE; DONALD R. CANADY, TRUSTEE; AND SOUTHERN NATIONAL BANK OF NORTH CAROLINA. RESOLUTION NO. R1984-83. V. Set public hearings for August 20, 1984 and August 23, 1984 at 12:00 noon in the City Hall, for consideration of the sale of Bass Street to HCA Properties, Inc. W. Adoption of resolution and notice of intent to close Marine Road from McKimmon Road to Lyon Road, and set public hearing for September 4, 1984. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE MARINE ROAD. RESOLUTION NO. R1984-84. 2. Consideration of request for weapon and badge upon retirement from Sergeant F. M. Boone of the Fayetteville Police Department. It was recommended that this request be approved, and that the weapon and badge be presented to Sergeant Boone. Mayor Hurley made the presentation of the weapon and badge to Sergeant Boone, and also presented him with an engraved letter opener. Sergeant Boone received a standing ovation from those assembled in the Council Chamber. 3. PUBLIC HEARINGS: A. Consideration of the rezoning from R10 residential district to P2 professional district, or to a more restrictive zoning classification, for an area located on the northwestern margin of Stamper Road, between Bragg Boulevard and Rogers Drive. The Planning Board recommended approval of the rezoning request. Planner Mitchell presented this matter, and stated that it had been appealed. Mayor Hurley recognized those appearing in favor of the rezoning, as follows: Mr. Elmo Zumwalt, for Highland Savings and Loan; and Mr. Jim Norman, who stated that he has three small lots nearby. It was later determined that Mr. Norman's property was not in the area which was being considered. Mayor Hurley then recognized those against the rezoning, all of whom were residents of the area being considered, as follows: Mrs. Vera Swain, Mrs. Judith Miller, and Mr. Swain. There was then some discussion of the matter. Following the discussion, Mrs. Evans moved for denial of the rezoning; seconded by Reverend Johnson and carried unanimously. B. Consideration of an application by the Fayetteville Metropolitan Housing Authority for a special use permit as provided by the Fayetteville Zoning Ordinance, Section 32-24, Item 3, to operate a home for the care of children in an R6 residential district; said home to be located at 173 Blueberry Place. The Planning Board recommended approval. Planner Mitchell presented this matter, and stated that the Planning Board recommended approval. Mayor Hurley recognized the following persons in favor: Barbara Leech, representing the Housing Authority, who answered questions and stated that the home would actually be operated by the Redeemed Church of Christ; Minnie Williams, President of Blueberry Place Residents Association; and Reverend Leech, of the Redeemed Church of Christ, a non-profit organization. No one appeared in opposition to the request. Mr. McBryde moved for approval of the special use permit, seconded by Mr. Dawkins. There was then considerable discussion, and questions and comments by Reverend Johnson as to who would operate the home. Mrs. Leech replied to the questions. Planner Mitchell also provided additional information for Council's benefit. Following further discussion, Mayor Hurley called for a vote on the motion, and it carried unanimously. Mayor Hurley then declared a five-minute break. Mayor Hurley then stated that he had planned to comment on Consent Item “P". He stated that he had received a request today to get more private input into this amendment to the City Code before it comes up for a public hearing. He stated that he was thinking of the Policy Committee; and suggested that they meet prior to the public hearing to consider this amendment with other persons and agencies. Mayor Hurley felt that this should be done, since Item “M" is also affected. Mr. McBryde then moved that the public hearing not be set on Item “P" until after the Policy Committee has met; that we not include Condition 13 (on Consent Item “M") until this has been done; and that Condition 13 be contingent upon the results of the public hearing. This motion was seconded by Mr. Jones, and carried unanimously. Mrs. Evans, Chairman of the Policy Committee, then set a Policy Committee meeting for Wednesday, August 15, 1984 at 7:00 p.m., at the Kyle House. 4. PLANNING BOARD MATTERS: A. Consideration of change in initial zoning policy for annexed areas. Planner Mitchell presented this matter, and stated that the policy of the City has been that the Planning Department contact each property owner in this case. With the advent of the new annexation law, more people are involved; and this presents problems with individual contact. In the packet tonight, he stated, a change has been proposed (a copy of which is on file with the original of these minutes). The Planning Board recommended that City Council adopt this change. However, an ordinance amendment would be required. Discussion followed; and Mr. Wofford suggested a reconsideration of fees. There was then some further discussion, following which Mr. Wofford moved to delete Paragraph 2 of the proposal entirely, and amend Paragraph 1 to delete the words, “if more than five property owners are included in an annexation". This motion was seconded by Mr. McBryde, and carried unanimously. B. Consideration of setting public hearing regarding an amendment to Chapter 32 of the Fayetteville Code of Ordinances which would allow rezoning application within one year of initial zoning. It was recommended that a public hearing be set for September 4, 1984. Mr. Wofford offered motion, seconded by Reverend Johnson and carried unanimously, to set the public hearing as recommended. 5. Consideration of acceptance of grant offer from Federal Aviation Administration. It was recommended that the Mayor be authorized to execute the Grant Agreement. Mr. Dawkins offered motion, seconded by Mrs. Evans and carried unanimously, to approve the foregoing as recommended. A. Consideration of award of contract for installation of medium intensity lights and taxiway guidance signs to Rockwell Radio and Electric (the low bidder), for their bid of $43,387.50. It was recommended that this contract be awarded. Mrs. Evans offered motion, seconded by Reverend Johnson, to award the contract as recommended. The motion carried unanimously. B. Consideration of award of contract to Crowell Constructors, Inc. (the low bidder) for construction of general aviation and cargo aprons, for their bid of $542,478.50. Approval of this award was recommended. Mrs. Evans offered motion, seconded by Mr. Jones, to award the contract as recommended. The motion carried unanimously. 6. Consideration of revision to Traffic Schedule 11 - Parking Prohibited (Woodrow Street). Adoption of this ordinance was recommended. The City Engineer presented this matter, and stated that Woodrow Street has a relatively large volume of traffic, since it serves as a connection between Morgan ton Road and Fort Bragg Road. We concur with the recommendation of Mr. Jack Wilson and Mr. Robert Barefoot of the Recreation and Parks Department, that the parking should be prohibited along Woodrow Street. Parking is now prohibited on each side of Woodrow Street, two hundred feet northwardly from Morganton Road; and it is recommended that the “No Parking" be extended on the east side of Woodrow Street, northwardly to Wilson Street. The proposed ordinance would accomplish this. Following brief discussion, Mr. McBryde offered motion to adopt the ordinance as recommended; seconded by Mr. Dawkins and carried unanimously. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE II - PARKING PROHIBITED - WOODROW STREET. ORDINANCE NO. NS1984-36. 7. Consideration of resolution changing name of Cumberland Civil Preparedness Agency to Cumberland Emergency Management Agency. The recommended action was adoption of the resolution. Assistant City Manager Stancil presented this matter, and stated that Mr. John McInnis, Coordinator of the agency, was making this request. The request would change only the name of the agency, and would not have any other effect. This change in name conforms with the change in name adopted by the state and federal governments. The County Board of Commissioners has already adopted a similar resolution. Mr. Stancil recommended that Council adopt the resolution. Following brief discussion, Mr. Wofford offered motion, seconded by Mr. Dawkins, to adopt the resolution as recommended. The motion carried unanimously. RESOLUTION OF THE CITY OF FAYETTEVILLE, STATE OF NORTH CAROLINA, RESOLVING THAT THE CUMBERLAND CIVIL PREPAREDNESS AGENCY SHALL BE KNOWN HEREAFTER AS THE CUMBERLAND EMERGENCY MANAGEMENT AGENCY. RESOLUTION NO. R1984-85. 8. Consideration of resolution concerning Region “M" Council of Governments' request for financial support from the City Council. Mr. McBryde stated that this request had been before Council previously; and moved to deny the requested funding, seconded by Reverend Johnson. There was then some brief discussion of the request. Mayor Hurley then offered some comments concerning Region “M", and stated that the City received very little direct support from this agency. Mayor Hurley then called for a vote on the motion, and it carried unanimously. 9. Consideration of Budget Ordinance Amendment Change No. 85-1. Assistant City Manager Stancil stated that this budget amendment had to do with assistance rendered to the Town of Red Springs in connection with tornado damage last March. Mr. Stancil referred Council to the memo which he had written concerning this matter (a copy of which is attached to the original of these minutes). Following brief discussion, Reverend Johnson offered motion, seconded by Mr. Dawkins, to approve this item and authorize City administration to make payment to the Town of Red Springs. There was then discussion, and comments by Mr. Wofford regarding the request for reimbursement. He stated that he does not think this is the proper thing to do, and that the money should be sent to the federal government. Mr. Stancil quoted from his memo for Council's benefit. There was then some further discussion of the matter. Reverend Johnson then withdrew his motion, and Mr. Dawkins his second. Mayor Hurley then declared that there was no motion on the floor. Further discussion of the matter followed. Mr. McBryde then moved that we send the money to the Town of Red Springs; seconded by Mr. Jones. There was then still further discussion of the matter. Mr. McBryde then withdrew his motion, and Mr. Jones his second. Mayor Hurley then declared no action on this matter, and requested that Mr. Stancil provide additional information at a later time. 10. Item 10 had been withdrawn. 11. DELEGATIONS: No one requested recognition. Mr. McBryde suggested that City Council look again at the delegations matter as it appears on the agenda. Mr. Wofford stated that he thought it was working well as it was. 12. CITY MANAGER'S REPORTS: A. Report of statement of taxes from Cumberland County Tax Collector. Mr. Stancil reported receipt of the statement for the period July 1983 through 30 June 1984; and stated that this should be made a matter of record in the minutes. B. Set special meeting for August 16, 1984 at 12:00 noon, at the Airport Restaurant, for presentation of initial planning concept for enlargement of the parking area, expansion of the west wing of the terminal, a new concourse and gates, and expansion of the air carrier aircraft apron (joint meeting of City Council and Airport Commission). Following some discussion, it was decided to set this special meeting for Tuesday, August 14, 1984, with the time and place to be determined later. On a final matter, Assistant City Manager Stancil called Council's attention to the Traffic Survey Report on Westmont Drive and Pilot Avenue. The results, he stated, were based on a one-week traffic survey which was requested by Council. Based on the survey and interviews with the traffic officers, it was determined that the speeding problem occurs when school is in session. Therefore, it is planned to monitor this area only until school resumes in the fall. Mr. Dawkins requested that the survey be done again in thirty days, to provide a more comprehensive study. Mr. McBryde commented on the request made at the July 16, 1984 meeting by Mr. Donald C. Fuller, of 517 McDaniel Street, concerning Community Development. Council was to get additional information and discuss this matter. Mr. McBryde stated that we now have the information, and asked whether Council intended to discuss this matter again. Mr. Stancil stated that Community Development had replied to Mr. Fuller; and Mr. Lewis stated that there were title problems involved. Mr. McBryde then moved that we concur with the Community Development recommendation; seconded by Mr. Dawkins and carried unanimously. 13. MATTERS OF INTEREST TO THE COUNCIL: Mr. Wofford, referring to the report made by Fire Chief Johnson at the beginning of this meeting, suggested that the staff come up with a policy for protection of the buildings in the downtown area. Mr. Wofford also commented on the social problems which were involved. Mr. Stancil stated that the staff will discuss the problem, and come back with recommendations to the City Council. Mr. McBryde stated that we should start enforcing the building codes in the downtown area. Reverend Johnson stated that junkyards still exist, and that we should look at those laws again. He stated that we should also look at conditional zoning. Planner Mitchell stated that conditional zoning is the same in most respects as the City's special use permits. Mr. Dawkins offered general comments on cablevision. Mr. Wofford asked how close we are to a readout on the cablevision contract compliance; and Mr. Stancil stated that Mr. Smith has a meeting with Mrs. Jean Rice, the cablevision consultant, when he returns from vacation. Mr. Dawkins stated that the grass needs cutting on Franklin Street. Mrs. Evans stated that she had received complaints about railroad crossings located at M & O Chevrolet on Russell Street, and on Ramsey Street; and suggested that the City Engineer request the state to repair these crossings. The City Engineer replied that the Council may need to ask for new legislation from the General Assembly concerning this matter. Mr. Jones asked the City Engineer what the City or state requires when a road is resurfaced at a railroad crossing. The City Engineer replied that the road is tapered down to the existing railroad. Mr. Jones stated that Mrs. Evans was correct in stating that there is a real problem at the railroad crossing on Ramsey Street; and that something should be done. The City Engineer replied that he had spoken to state officials, and that they say they will do what they can. Mr. Jones asked whether there are any vacancies on the Human Services Commission. Mrs. Bettie Jo Goodenough, a member of the Human Services Commission, stated that there was one vacancy remaining. Mayor Hurley stated that this will be placed on the agenda for consideration at the next meeting. Mr. Jones commended the Fire and Police Departments for their maximum efforts in suppressing the Belk's department store fire on Hay Street yesterday afternoon. Mr. Jones commended Mr. John Malzone for his promotion of the City of Fayetteville. Mayor Hurley stated that weeds in the vicinity of the M & O Chevrolet building on Russell Street make a bad appearance. Mr. Stancil stated that this would be taken care of. Mayor Hurley offered comments on the Community Watch signs, and asked about the procedure for erecting these signs. The City Engineer replied that they sake the signs upon request, but that they do not erect or re-erect them. Mayor Hurley stated that these signs are knocked down by cars, and that they sometimes lie on the ground for several weeks. Mayor Hurley asked for Council's opinion on procedures regarding these signs. The City Engineer was then requested to put the signs back up when they are knocked down. Mayor Hurley then thanked the two Police Officers for being present at the meeting this evening, and stated that he would then consider a motion to enter into executive session. Mr. McBryde offered motion, seconded by Reverend Johnson, to enter into executive session to consider a personnel matter only, at 9:48 p.m. The motion carried unanimously. Council then reconvened into regular session at 10:07 p.m.; and adjourned, motion made and duly seconded. REGULAR MEETING MONDAY, AUGUST 20, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, AUGUST 20, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Aaron Johnson, J.L. Dawkins, Mildred Evans and Jimmie Jones 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 issued a welcome to all who were present. The invocation was offered by the Reverend Mike Aiken, of Fayetteville Urban Ministry. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. RECOGNITION: Mayor Hurley recognized City Clerk Maurice W. Downs, and presented him with a thirty-year jeweled Service Award pin. He remarked that Mr. Downs had attended more City Council meetings than anyone else in the Council Chamber. Mayor Hurley also recognized members of Mr. Downs' family who were present in the audience this evening. He also presented Mr. Downs with a silver letter opener from himself and members of the City Council, and stated that it would be engraved as a token of appreciation from the City Council. Mayor Hurley then thanked Mr. Downs for his years of service to the City. Mr. Downs was then accorded a standing ovation by the Mayor and City Council, and a round of applause from those present in the Council Chamber. Youth Council members were not present. Mayor Hurley stated that the City Attorney had requested an executive session at the end of this meeting, to consider a land transaction, litigation, and a personnel matter. Reverend Johnson asked for recognition, and extended thanks to the Mayor, City Council, and City administration for the beautiful flowers which were sent to him upon the death of his father. 1. CONSENT: Mr. Dawkins requested and received permission to abstain from voting on Item “1-G". Mr. Wofford pulled Items “G", “M", and “N". Reverend Johnson pulled Item “E". Mr. McBryde requested correction of the Special Meeting of July 23, 1984, Page 386, to read, “Howard" (rather than “Harry") Lupton. Mr. McBryde also asked for correction to Item “1-L" on the agenda tonight, in the resolution; since it appears as $5,000.00 and not $5,800.00, and should be written out. Mr. McBryde then offered motion to approve the Consent Agenda with the foregoing corrections, and excepting Items “E", “G", “M", and “N"; seconded by Mr. Wofford and carried unanimously. The Consent Items appear below. A. Approval of minutes of joint/information/special meeting of July 23, 1984 with the Parks and Recreation Advisory Commission. B. Approval of minutes of regular meeting of August 6, 1984. C. Approval of First Union National Bank property in a P2 professional district for preliminary and final group development addition review, for an area located on the northwest corner of Bragg Boulevard and Stamper Road. D. Approval of Bloom Furniture property in a C1P shopping center district for preliminary and final site plan addition review, for an area located at 504 North McPherson Church Road. E. Item “E" had been pulled. F. Approval of Deanwood Subdivision in an R10 residential district for preliminary and final subdivision review, for an area located on the west side of Millis Street, east of Wilma Street. G. Item “G" had been pulled. H. Award of contract for one (1) new Trailer-Mounted Crack Sealing Machine to Walicer Brothers, Inc. (the low bidder), for $20,520.00. I. Award of contract for one (1) Dump Body to Laurinburg Machine Company (the low bidder), for $7,791.00. J. Award of contract for one (1) Cab and Chassis to LaFayette Ford Company (the low bidder), for $22,222.00. K. Adoption of preliminary resolution and notice of intent to close Morgan Lane from the southernmost corner of Lot 28, Plat Book 9, Page 44, Cumberland County Registry, to Mestmont Drive; and set public hearing for September 17, 1984. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF MORGAN LANE. RESOLUTION NO. R1984-86. L. Adopt resolution declaring structure at 1028 Old Wilmington Road surplus property, establish a minimum sales price of $5,800.00, and authorize advertisement for bids. RESOLUTION DECLARING CERTAIN COMMUNITY DEVELOPMENT PROPERTY SURPLUS. RESOLUTION NO. R1984-87. M. Item “M" had been pulled. N. Item “N" bad been pulled. O. Award of contract to low bidders for purchase of approximately three hundred ten (310) electric distribution transformers of various sizes. (A copy of the bids are attached to the original of these minutes.) G. Approval of the Tara Building addition in a C1P shopping center district for preliminary and final site plan addition review, for an area located on the east side of McPherson Church Road, south of 401 Bypass. Mr. Wofford offered motion for approval of this item, seconded by Mrs. Evans and carried; Mr. Dawkins abstaining from voting. E. Approval of James McNeil property in an R6 residential district for preliminary and final group development review, for an area located on the southwest corner of Sewell Street and Ingram Street. Reverend Johnson raised a question on Item 5 in the Planning Department memo. He stated that a ditch filled up in this area, and was backing water onto other residences. The City Engineer stated that the developer will be required to submit drainage plans for approval. Reverend Johnson then offered motion for approval of the foregoing, seconded by Mr. Dawkins and carried unanimously. M. Adoption of an ordinance amending Chapter 5, “Alcoholic Beverages", of the Fayetteville City Code of Ordinances, to reflect the current General Statute section number. Mr. Wofford stated that he believed this ordinance to be discriminatory; and that, in his opinion, it should be repealed. The City Attorney stated that the sole purpose of the ordinance was to reflect the current General Statute section number. Mr. McBryde then offered motion, seconded by Mr. Jones, to adopt the ordinance. The motion carried, with Reverend Johnson voting “no". AN ORDINANCE AMENDING CHAPTER 5, “ALCOHOLIC BEVERAGES", OF THE FAYETTEVILLE CITY CODE OF ORDINANCES. ORDINANCE NO. S1984-19. N. Authorize City Manager to execute contract with David M. Griffith and Associates, Ltd., for preparation of FY 1984 cost allocation plan. Mr. Wofford asked whether the City could do this type of work in-house. The City Manager replied in the affirmative, but stated that they negotiate with the agencies for the City. Mr. Wofford then offered motion, seconded by Mr. McBryde and carried unanimously, for approval of the foregoing as recommended. 2. PUBLIC HEARINGS: A. Consideration of adoption of resolution ordering the closing of Bass Street. Adoption of the resolution was recommended. The City Attorney presented this matter, and commented on the right-of-way on Robeson and Winslow Streets. He stated the staff recommends that the City have a five-year option to obtain this right-of-way; and that the City would pay $5.40 per square foot, and buy back from Hospital Corporation of America eventually. He also stated that the staff recommends the addition of one paragraph, and amendment of the resolution. The City Attorney further stated that Hospital Corporation of America will waive any notice on the street closing. The City Attorney then displayed a projection for Council, and stated that Paragraph 2 could be excluded, since utilities are not needed. There were neither proponents nor opponents present. Mrs. Evans then moved for adoption of the resolution as recommended, seconded by Reverend Johnson; and adding that the City shall have the right to utilize the above reserved right-of-way for street and/or sidewalk improvements within five years of the date of this resolution, provided that, if said option is exercised by the City of Fayetteville, the City of Fayetteville shall pay to HCA Properties, Inc. the sum of $5.40 per square foot of land utilized. If the City of Fayetteville shall not exercise this option within five years, then this reservation of right-of-way shall be deemed abandoned. The motion carried unanimously. RESOLUTION AND ORDER CLOSING BASS STREET. RESOLUTION NO. R1984-88. B. Consideration of a resolution approving the sale of property in the Central Business District Redevelopment Plan (Bass Street). Adoption of the resolution was recommended. The City Attorney presented this item; and stated that the staff recommended adoption of the resolution, and the addition of the same paragraph to this resolution. There were neither proponents nor opponents present. Mr. Jones offered motion for adoption of the resolution and the addition of the same paragraph foregoing, as recommended; seconded by Reverend Johnson and carried unanimously. RESOLUTION APPROVING SALE OF PROPERTY IN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN (BASS STREET). RESOLUTION NO. R1984-89. C. Consideration of the rezoning from C1 local business district and R6 residential district to R5A, or to a more restrictive zoning classification, for an area located on the west side of U.S. 401 North (Ramsey Street), north of Rowland Circle. Planner Al Mitchell stated that the Planning Board recommended approval, and that this action had been appealed. He displayed a projection showing that Tract One is R6, and Tract Two is C1. Mayor Hurley asked if there were proponents; and attorney David Lucas was recognized, representing Mrs. Anna Chao, the property owner. Mayor Hurley asked if there were opponents present. Mrs. Virginia Carroll, of 2404 Morganton Road, was recognized, and submitted petitions containing one hundred thirty-four names in opposition to the proposed rezoning. Mrs. Carroll stated that she owns property in the area adjacent to the area which is proposed for rezoning. Approximately twenty persons were present in the audience in opposition. Mrs. Carroll also stated that their property has been used for many years by charitable organizations. The following persons were also recognized in opposition: Mr. E.D. Dates, a resident of the area for twenty-two years; Mr. Marshall Gaddy, a Ramsey Street resident; and Mr. Mack Herring, Jr., a Northwest Avenue resident. All of these persons stated that the increase in traffic would be detrimental if this rezoning is approved. Mr. Lucas was then recognized in rebuttal. There was then some discussion by the City Council. Following this discussion, Mr. McBryde offered motion to deny the request; seconded by Mr. Dawkins and carried unanimously. Mayor Hurley then declared a five-minute recess. D. Consideration of a resolution confirming the assessment role for the paving of Taft Street. Adoption of the resolution was recommended. The City Engineer presented this matter, and stated that the paving had been completed. He stated that all property owners had been notified of this public hearing, and that the assessment rate was $4.00 per front foot. Mrs. Rosa McMillan, of 950 Taft Street, was recognized with a question on the front footage of her lot. She stated that she understands that a part of her property is owned by the State Highway Department. The City Attorney stated that he had referred her to the Tax Mapping Department. The City Engineer stated that there is a flaw in the title, and that the original owner did convey part of this property to the State Highway Department; but they have never recorded their deed. The City Engineer and City Attorney presented additional information concerning this matter. No one appeared in opposition. Mr. Dawkins then offered motion to adopt the resolution at 8:00 p.m., tabling 25.6 feet of the McMillan property and 25.56 feet of the Murphy property, from the assessment where Taft Street intersects with Whitfield Drive on the western end. The motion was seconded by Mr. Jones, and carried unanimously. A RESOLUTION CONFIRMING THE ASSESSMENT ROLE FOR THE PAVING AND OTHER IMPROVEMENT OF TAFT STREET. RESOLUTION NO. R1984-90. 3. Presentation of proposal for garbage collection in newly-annexed areas from Cumberland County garbage collectors. Mayor Hurley recognized Senator Tony Rand, who stated that he represented three of the garbage companies. The City Council also recognized Mr. Lyndo Tippett, a cost accountant, who presented statistics on the cost of garbage collection. Senator Rand stated that the proposal was to provide the same service as is provided by the City. Following some discussion, Mayor Hurley stated that the City must study the proposition, as recommended by administration. (see memo attached to these minutes) Mayor Hurley then extended thanks to Senator Rand and Mr. Tippett for their presentation and proposal. 4. Consideration of submission of pre-application for airport improvements. It was recommended that the Airport Manager be authorized to submit pre-application on behalf of the City of Fayetteville. Council recognized Mr. Tom Ray, Airport Manager, who stated that the Airport Commission requests Council's approval of the foregoing for pre-application for airport renovation and expansion to be submitted to the Federal Aviation Administration, as discussed during the special meeting held Tuesday, August 14, 1984. Mr. Wofford offered motion, seconded by Mr. McBryde, to approve the foregoing and authorize the Airport Manager to submit the pre-application on behalf of the City of Fayetteville. The motion carried unanimously. The Mayor and City Council members stated that they were extremely pleased with the expansion progress at the airport, and commended Mr. Ray for his efforts. 5. Consideration of a list of streets for resurfacing. The recommended action was to refer to the Streets, Roads and Transportation Committee. The City Engineer presented this matter, and stated that the present budget has provided $370,000.00 for street resurfacing. A list of streets has been prepared for distribution at this time. Complaints from citizens have also been considered. We understand the Council may want to refer this to the Street, Roads and Transportation Committee for the list to be reviewed in detail. Following brief discussion, Mr. Wofford offered motion to refer this matter to the Street, Roads and Transportation Committee; seconded by Mr. McBryde and carried unanimously. 6. Award of construction contract 02-302-84 - Senior Citizens Service Center Parking Lot. It was recommended that the contract be awarded to McDonald Grading Company. The City Engineer presented this matter, and stated that bids were opened on July 24, 1984 for paving of the parking lot on the east side of the Senior Citizens Service Center. Since there is a $35,000.00 budget limit on this project, we have negotiated with the contractor to eliminate some of the previously planned paved walkways within and adjacent to the parking lot. The proposed contract has been reduced to $33,171.00. The contract is on a unit price basis, and will vary slightly from the bid amount. In addition to the general construction items, some lighting and landscaping is planned, at an estimated cost of $1,829.00; for a total project cost of $35,000.00. We recommend awarding the contract to the low bidder, McDonald Grading Company, in the amount of $33,171.00. Mrs. Evans offered motion to award the contract as recommended; seconded by Mr. Jones and carried unanimously. 7. Consideration of award of contract 01-301-84 - Parking Lot Improvements and Sidewalk - FAST Transit Garage. The recommended action was to award the contract to Crowell Constructors, Inc. for general construction, and King Electric of Fayetteville, Inc. for electrical work. The City Engineer presented this matter, and stated that bids were opened recently for reconstruction of the FAST Transit Garage parking area. The bids were for general construction and electrical construction. Since the total of the low bids were considerably above the budgeted amount for this project, the proposal is to do all of the work other than paving. The weak soil base would be removed and replaced with suitable base material, to include a crushed stone surface; and the buses could operate on this for a few months until paving could be funded, perhaps next budget year. This would reduce the contract to $104,875.00, including electrical work. The City is to purchase poles for lighting at an additional $7,500.00, making a project cost of $112,375.00. The immediate project would include erection of lighting to provide for security at the bus parking area. We recommend awarding the contract to the low bidders in the following amounts: Crowell Constructors, Inc. - $88,000.00; and King Electrical Construction Company, Inc. - $16,875.00. Mr. McBryde then moved to award the contract as recommended by the City Engineer, seconded by Reverend Johnson and carried unanimously. 8. Consideration of award of contract for two (2) Leaf Collectors. The recommended action was to award the contract to E. F. Craven Company, the second low bidder, for $29,427.00. The City Manager presented this matter, and stated that three bids were received for two Leaf Collection Machines which were included in the current budget. The machine bid by the low bidder does not meet the specifications in two significant areas. The first is the thickness of the impeller blade that operates the leaf vacuum. It is important for the maintenance and life of the machine that the impeller blade be of sufficient thickness to withstand rocks, sticks, and other debris that the leaf machines pick up. The second area in which the machine does not meet specifications is the hydraulic boom, which allows the sanitation workers to lift and lower the large vacuum hose. This machine does not have a hydraulic boom, which was called for in the specifications; and therefore the hose would have to be lifted and lowered manually. The second low bidder, which is being recommended, did not meet specifications in one minor area--that being the diameter of the impeller blade. The specifications called for a thirty-two-inch diameter blade, and the machine has a thirty-one-inch diameter blade. The diameter of the blade is not a significant item; and we are therefore recommending the award of the contract to the second low bidder, E. F. Craven Company, for 29,427.00. Mrs. Evans offered motion for award of the contract as recommended, seconded by Reverend Johnson and carried unanimously. 9. Consideration of revision to Traffic Schedule No. 11 - “Parking Prohibited" (Hull Road abutting Fayetteville City Schools property). Adoption of the ordinance was recommended. The City Engineer presented this matter, and stated that several years ago, the Fayetteville City School Board had “No Parking At Any Time" signs erected along both sides of Hull Road, from Devers Street eastwardly, and about one thousand feet. At that time they owned all of the property, including the street; except for the part owned by Fayetteville Technical Institute. A few years later, the School Board, along with F.T.I., made a dedication to the City of Fayetteville to accept this portion of Hull Road; therefore, the City needs to adopt a “Parking Prohibited" ordinance on this section of Hull Road if the no parking policy is to be continued. We recommend continuing this prohibition of parking by adoption of the ordinance. Mr. Wofford then offered motion, seconded Mr. McBryde and carried unanimously, for adoption of the ordinance as recommended. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE 11 - “PARKING PROHIBITED" - HULL ROAD. ORDINANCE NO. NS1984-37. 10. APPOINTMENTS: A. Nominations to fill one vacancy on the Human Services Commission. Mr. Jones nominated Mrs. Louise Wilkie. Mrs. Bettie Jo Goodenough stated that Mrs. Catherine Adams, the Vice-Chairman of the Commission, was now deceased. 11. DELEGATIONS: No one requested recognition from the Council. 12. CITY MANAGER'S REPORTS: A. Report of statement of taxes from Cumberland County Tax Collector. The City Manager stated that the statement for the month of July had been received, and that this should be noted in the minutes of this meeting. B. Change of meeting date for regular City Council meeting from September 3, 1984 to September 4, 1984, due to the Labor Day holiday. Mr. McBryde offered motion, seconded by Mr. Wofford, to change the meeting date from September 3, 1984 to September 4, 1984. The motion carried unanimously. C. The City Manager reported that Hospital Corporation of America is making a donation to the 400 Commission to employ Mr. Ken Robinson to undertake some archaeological work in the 500 Block; but that the 400 Commission is not a recognized tax-exempt organization. He recommended that the City receive the donation as on Cool Spring. A budget amendment will be prepared for adoption at the next meeting. The City Manager also reported that Mr. Larry McGlothlin, Police Legal Advisor, has indicated that he wishes to devote his entire time to private practice. The City Manager stated that he has discussed this with Chief Hansen and City Attorney Cogswell. Additional legal assistance is needed by Mr. Cogswell. It will be recommended at a later time that we combine the Police Legal Advisor and Assistant City Attorney positions in the City Attorney's office. 13. MATTERS OF INTEREST TO THE COUNCIL: Mr. Wofford proposed that in the future, items submitted to the staff appear on a status report in the agenda packet. He proposed that a list be prepared and submitted by City administration. Mr. Wofford stated that we need a lobbying effort on H.R. 4103, the cablevision bill. The Mayor stated that a letter had been received from Mr. Alan Beales, recommending that City Council contact their congressman regarding H.R. 4103. Mayor Hurley offered comments on the Dogwood Festival, and proposed that “City of Dogwoods" appear on City stationery. Mr. Wofford stated that he must cancel the Liaison Committee meeting set for Thursday, August 23, 1984, due to the special meeting of the City Council at noon. Mr. McBryde then offered motion, seconded by Mr. Jones, to use the dogwood logo on City stationery as recommended by the Mayor. The motion carried unanimously. Mayor Hurley then stated that he would entertain a motion to enter into executive session. Mr. McBryde then moved, seconded by Mr. Jones and carried unanimously, to enter into executive session at 9:15 p.m., to consider litigation, personnel and land transaction matters. Council then reconvened into regular session at 9:35 p.m. Mayor Hurley recognized the City Attorney, who stated that, concerning the uses Street matter, he recommended amending Resolution No. R1984-22, dated March 12, 1984, by adding the paragraph regarding the right-of-way reservation, the twenty feet down Robeson, the 3.8 feet down Winslow, the 3.5 feet down Franklin, and the twenty-foot triangle at the corner of Hay and Robeson Streets. Mr. McBryde offered motion, seconded by Mr. Jones and carried unanimously, to comply with the City Attorney's request. The City Attorney then stated that in the case of William G. Cantrell and Frank K. Byrne vs. John P. Smith and Others, in Cumberland County Superior Court, File No. 84-CVS-2930, he recommended that Council authorize him to represent John P. Smith, the City Manager, and William Joyner in his official capacity as Director of the I.D. Bureau; and that he made this recommendation based upon the requirements of the City Code. Mr. Cogswell also stated that these City employees were working in the course and scope of their employment at the time of the acts alleged. Mr. Wofford offered motion, seconded by Mrs. Evans and carried unanimously, to approve the City Attorney's request. The City Attorney stated that, in the case entitled Michael T. Pirro vs. City of Fayetteville and several others, in the United States District Court for the Eastern District of North Carolina, Case No. 84-72-CIV-3, he recommended that Council authorize him to represent John P. Smith, Daniel Dixon, Sr., Captain J. H. Hart, Captain William C. Johnson, Captain George Moyd, and Patrolman C. C. Campbell; since he found that these individuals were acting in the course and scope of their employment at the time of the acts alleged, and under the City Code. Mr. Dawkins offered motion, seconded by Mr. McBryde and carried unanimously, to approve the City Attorney's request. Mayor Hurley then thanked the Police Officers for being present tonight. SPECIAL MEETING THURSDAY, AUGUST 23, 1984 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER THURSDAY, AUGUST 23, 1984 12:00 NOON Present: Councilmembers Milton Wofford, Milo McBryde, Aaron Johnson, J.L. Dawkins, Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Absent: Mayor John W. Hurley (excused), Councilmember Mildred Evans (excused) Mayor Pro Tem Johnson called the meeting to order and Councilmember Jones offered the invocation. Mayor Pro Tem Johnson then lead those present in the Pledge of Allegiance to the Flag. Mayor Pro Tem Johnson recognized City Manager John Smith who reviewed the agenda for this meeting. Mayor Pro Tem Johnson opened the public hearing on the authorization of the sale of an undivided interest in Parcels D8, D9, D10 and Unknown Ownership Lot fronting on the south side of Bass Street and shown on the acquisition map for the City of Fayetteville Central Business District Redevelopment Plan, Action Year 2, to HCA Properties, Inc. The City Attorney explained that this undivided interest was a part interest in these parcels that had not been acquired in March when the sale of the 500 Block and the block from Bass to Franklin Streets was approved. It has recently been acquired and the City is now in a position to convey title to this particular interest if the sale is approved. No one appeared to speak for or against this action. Councilmember Wofford moved the adoption of the resolution, seconded by Councilmember Dawkins, and carried unanimously. RESOLUTION APPROVING SALE OF PROPERTY IN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN (UNDIVIDED INTEREST IN PARCEL D8, D9, D10 AND UNKNOWN OWNERSHIP LOT). RESOLUTION NO. R1984-91. A copy of the foregoing resolution is on file in the Clerk's Office in Resolutions Book R1984. Council then considered contracts with volunteer fire departments as follows: a. Full responder service contracts: 1. Bonnie Doone Fire District, Inc. - Area 15 (U.S. 401 Bypass/Sycamore Dairy Road) - $13,643.60 2. Cumberland Road Volunteer Fire Department - Area 6 (Holiday Park) - $3,460.70 and Area 8 (Pleasant Valley) - $2,149.90 3. Pearce's Mill Volunteer Fire Department - Area 3 (Borden Heights) - $2,605.40 4. Westarea Volunteer Fire Department - Area 16 (College Lakes) - $31,823.11, Area 13 (Law Road/Longview Drive) - $732.67, Area 12 (Ramsey Street Adjacent to “The Greens") - $75.35, Area 14 (Hilton Drive/Java Drive) - $2,308.18, Area 14A (Hilton Drive/Roses Lake) - $111.16, Area 13A (307 Longview Drive) - $48.96. b. Waiver of General Statute requirements with City providing services: 1. Cumberland Road Volunteer Fire Department - Area 4 (Owen Drive/Cumberland Road) Area 5 (Owen Drive/Seaboard Coastline) Area 7 (Owen Drive/CP & L Power Line) Area 8A (3410 and 3414 Boone Trail) Area 8B (3330 and 3334 Boone Trail) 2. Pearce's Mill Volunteer Fire Department - Area 2 (Owen Drive/Southern Avenue) Area 4A (2600 Owen Drive) Area 4B (2650 Owen Drive) 3. Raeford Road Volunteer Fire Department - Area 9 (Guy Circle/McPherson Church Road) Motion by Councilmember McBryde, seconded by Councilmember Wofford, to authorize the Mayor to execute these contracts was carried unanimously. Upon motion by Councilmember Wofford, seconded by Councilmember McBryde, and carried unanimously, the meeting was adjourned at 12:09 p.m. SPECIAL MEETING TUESDAY, SEPTEMBER 4, 1984 SPECIAL MEETING CITY HALL COUNCIL CHAMBER TUESDAY, SEPTEMBER 4, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Mildred Evans and Jimmie Jones. John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Absent: Councilmember Rev. Aaron Johnson Mayor Hurley called the meeting to order and issued a welcome to all in the audience. Mayor Hurley stated that Rev. Johnson had requested and received permission to be excused from this meeting this evening. The invocation was then offered by the Rev. Norwood Tadlock of Freedom Baptist Church. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. RECOGNITION: Presentation of resolution of appreciation (the late Catherine Adams). Mayor Hurley recognized members of Mrs. Adams family and stated that Mrs. Adams had passed away recently. He stated that Mrs. Adams had served for a number of years on the City's Human Services Commission. He stated this presentation tonight was to honor her service to the City. Mayor Hurley then read a resolution of appreciation to Mrs. Catherine Adams which had been signed by all of the Councilmembers and following this presented the resolution to her two children. Mrs. Evans reminded those assembled that the International Folk Festival would be held the last Sunday in September, September 30th, and invited everyone to come. Mr. Dawkins stated that Mr. William A. DePrater passed away last evening following a serious illness. Mr. Dawkins stated that he was a former City building inspector and a very outstanding citizen of the community. 1. CONSENT: City Attorney Cogswell stated that the wording in consent Item 1H should be changed to read authorize advertisement of lease for Airport with Mountain Air Cargo, Inc. (for three years in accordance with current landing schedule) and authorize the City Manager to sign a lease with Jeff Wilson, Ltd., DBA Thrifty Rent-A-Car ($1,300 per month or 10% of gross revenue whichever is greater for a period of twelve months). The City Attorney explained that the lease with Thrifty was to run for less than a year while they are in temporary quarters at the Airport. Mayor Hurley accepted the changing in the wording. Mr. McBryde then offered motion, seconded by Mr. Wofford and carried unanimously to approve all consent items with the change in wording to 1H. The Consent items appear below: A. Approval of minutes of regular meeting of August 20, 1984. B. Approval of minutes of special meeting of August 23, 1984. C. Adoption of Resolutions Directing the City Clerk to Investigate Petitions Received Under G.S. 160A-31: 1. Petition from Eugene C. England (Piedmont Avenue, Dixie Trail, and Atlantic Avenue). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1984-93. 2. Petition from Thomas C. Wood, Jr. (South side of Yadkin Road). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1984-94. 3. Petition from Betty Bandy (West Mountain Drive/Muriel Drive). RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1984-95. 4. Petition from Residents of Grady Street area. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1984-96. D. Approval of Preliminary Resolutions setting Public Hearings for October 15, 1984, to consider provision of sanitary sewer main extensions, water main extensions, paving and other improvements without petition. PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO SOUTHERN AVENUE AND COOPER ROAD. RESOLUTION NO. R1984-97. PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO LONE PINE DRIVE, CUMBERLAND ROAD, OLD MCPHERSON CHURCH ROAD, ROSEHILL ROAD, COUNTRY CLUB DRIVE, STACY WEAVER DRIVE, COOPER ROAD, AND OWEN DRIVE. RESOLUTION NO. R1984-98. PRELIMINARY RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO ARBOR ROAD, HAMPTON ROAD, SOUTHLAND DRIVE, CONCORD DRIVE, SYCAMORE DAIRY ROAD, AND LONGVIEW DRIVE. RESOLUTION NO. R1984-99. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION AND ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO COFFMAN STREET, DINMONT CIRCLE, EUGENE STREET, POINCIANA LANE, CATALINA ROAD, ELDORADO ROAD, AND ARBOR ROAD. RESOLUTION NO. R1984-100. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION AND ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO GUY CIRCLE, TWIN ACRES DRIVE, HILTON DRIVE, JAVA DRIVE, MCCHOEN DRIVE, PRINCE CHARLES DRIVE, NATO ROAD, FARGO DRIVE, PHILLIES CIRCLE, AND LITTLE BEAVER DRIVE. RESOLUTION NO. R1984-101. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF FARGO DRIVE. RESOLUTION NO. R1984-102. E. Adoption of a Resolution amending Resolution No. R1984-30 authorizing condemnation of Parcel E-1 on Stanbury Court. A RESOLUTION AMENDING RESOLUTION NO. R1984-30 AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1984-103. F. Award of contract no. 03-303-84 for sidewalk construction along Magnolia Street, Devane Street, and Raeford Road to Cobb Paving Company for a low bid of $16,157.50. G. Approval of a request for weapon and badge upon retirement of Capt. C. B. Morrison from the Fayetteville Police Department. H. Authorize advertisement of lease for Airport with Mountain Air Cargo, Inc. for three years in accordance with current landing schedule, and authorize City Manager to sign lease with Jeff Wilson, Ltd., DBA Thrifty Rent-a-Car, $1,300 per month or 10% of gross revenue whichever is greater for a period of twelve months. I. Authorize Mayor to sign Grant Agreement and Loan Guarantee Acceptance Provision for Section 108 Loan for Prince Charles Hotel in conformance with approved UDAG application. J. Approval of Pamalee Plaza Shopping Center in a C3 heavy commercial district for preliminary group development revision review for an area located west of Murchison Road, south of Boxwood Lane. 2. PUBLIC HEARINGS: A. Consideration of a resolution an order closing Jackson Street (formerly Dawkins Street). Adoption of the resolution was recommended. Assistant City Engineer Mike Walker, presented this item and stated this street was dedicated but had never been opened or maintained by the City. He stated it had been advertised and the property owners notified of this public hearing. Mr. Donald Brewer was recognized in favor of the closing for the owners. Mr. Clinton Harris, a local citizen, was recognized in opposition. He raised the question of sidewalks and bus service to this area and offered other comments. Mr. Wofford suggested that the City sell this property, however, the City Attorney stated the City does not own it. Following brief discussion, Mrs. Evans offered motion to adopt the resolution, seconded by Mr. Dawkins and carried unanimously. RESOLUTION AND ORDER CLOSING JACKSON (FORMERLY DAWKINS) STREET. RESOLUTION NO. R1984-104. Mayor Hurley at this point, extended thanks to Assistant City Manager Roger Stancil for the new water pitchers. Mayor Hurley also recognized Mr. Glen Kelly, a former City Council member present in the audience this evening. Mr. Kelly was accorded a round of applause from the audience. B. Consideration of a resolution and order closing Anarine Road. Adoption of the resolution was recommended. Assistant City Engineer Mike Walker presented this matter and stated that it had been advertised as required and the property owners notified of this public hearing. Be stated the City had received a petition from the property owners abutting Anarine Road between Lyon Road and McKimmon Road for this closing. In 1955, the City Manager had asked for and received Council permission to purchase a lot on Anarine Road for street right-of-way purposes. The amount paid for the lot was $500. This lot provided for the possible extension of Anarine Road between Lyon Road and McKimmon Road. The roadway has never been opened or maintained and remains woodland. The existing paved portion of Anarine Road south of McKimmon Road discharges storm water into this unopened street right-of-way, however, this has not been problem in the past due to the brush and woodland serving as a barrier. The abutting properties will probably develop in the future and the overland drainage will need to be taken care of with an underground piping system. We suggest the City relinquish the right-of-way with the following conditions: (1) The City be repaid the $500 which was paid for the lot, (2) the City retain a full with all purpose utility easement and the City immediately set a public hearing for putting in the storm drainage and assessing the property owners 50% on each side on a linear foot basis. The City Attorney stated the City also absorbed an assessment of $201.30 plus the $500 purchase price for the lot. Council recognized Mrs. Trish Clayton, an area resident in favor of the closing. She stated the property owners do not want to pay any cost whatsoever. She displayed photographs of the area. She requested that the $700 be set aside due to the increased tax revenue the City will realize from the closure. Mr. Clinton Harris, a local citizen, was recognized in opposition. He raised the question on sedimentation caused by the drainage. Mrs. Skipper West, 1621 Lyon Road, was recognized and read a petition in opposition to the closing. She requested the City keep the street open. Approximately 35 persons stood in opposition. Following brief discussion, Mrs. Evans offered motion that we keep Anarine Road open and that the City Engineer check into solving the drainage problem and make recommendation to the City Council, motion seconded by Mr. McBryde and carried unanimously. C. Consideration of a resolution and order closing Michael Street. Adoption of the resolution was recommended. Assistant City Engineer Mike Walker also presented this matter and stated that this section of Michael Street was dedicated. Development within Fayetteville Mall has blocked the future extension of this street and the adjoining property owners have requested that it be officially closed. There is an existing telephone service line within the street, therefore, we recommend a full-width all-purpose easement be retained but the street be officially closed and the right-of-way relinquished. Mr. Walker stated this had been advertised as required and the property owners notified of this public hearing. A Mr. W. A. Burgin, a property owner, was recognized in favor of the closing. There was no opposition. Mrs. Evans offered motion for adoption of the resolution, seconded by Mr. Dawkins and carried unanimously. RESOLUTION AND ORDER CLOSING A PORTION OF MICHAEL STREET. RESOLUTION NO. R1984-105. D. Consideration of an amendment to Chapter 32 of the Fayetteville City Code to allow rezoning application within 1 year of initial zoning. Adoption of the ordinance was recommended. Planner Al Mitchell presented this matter and stated that it had been advertised as required. The proposed ordinance would amend Section 32-71(f) which would allow rezoning application within 1 year of initial zoning. Planning Board recommended adoption of the ordinance. There were neither proponents nor opponents present. Following brief discussion, Mr. Wofford offered motion, seconded by Mr. Dawkins for adoption of the ordinance. Motion carried unanimously. AN ORDINANCE AMENDING CHAPTER 32, ZONING, OF THE FAYETTEVILLE CITY CODE OF ORDINANCES - INITIAL ZONING. ORDINANCE NO. S1984-20. 3. Consideration of Crescent Development Properties proposal to develop The Market. Authorize advertisement of the lease was recommended. The City Manager presented this item and stated that the memo submitted by Assistant City Manager Suzan Cheek outlined the conditions of the lease. He stated the lease will not become effective until all conditions are met. He called attention to the request for 50 parking spaces. The City Attorney presented additional information concerning this matter. Following some discussion, Mrs. Evans offered motion to authorize advertisement of the lease, seconded by Mr. Jones. Council recognized Mr. Bill Mann, attorney and general counsel for Crescent in Raleigh, who presented additional comments and information concerning the lease. Mayor Hurley then called for a vote on the motion and it was as follows: For the motion, Mayor Hurley, Councilmembers Dawkins, Evans and Jones. Against the motion, Councilmembers McBryde and Wofford. Mayor Hurley declared the motion carried. 4. Consideration of resolution accepting a portion of Lone Pine Drive for maintenance. Adoption of the resolution was recommended. Assistant City Engineer Mike Walker presented this matter and stated that the western portion of Lone Pine Drive has adequate right-of-way but has never been maintained by NC DOT. It has been brought into the City as of August 31, 1984, and the resolution would provide for official maintenance by the City. The northern portion of Lone Pine Drive is maintained by NC DOT. Following some discussion, Mr. Jones offered motion for adoption of the resolution, seconded by Mr. Dawkins and carried, Mr. Wofford voting no. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE - LONE PINE DRIVE. RESOLUTION NO. R1984-106. 5. Consideration of bids furnishing three Cab and Chassis for 20 cubic yard Rear Loader Packer Bodies and two Cab and Chassis for Front End Loader-Compactors. It was recommended by Mr. McGugan and Mr. Clark Dill that the alternate bids submitted by Carolina Mack Sales - $167,559.00 for the three cab and chassis for rear loader packers and $115,706.00 for the two cab and chassis for front end loader-compactor be accepted in the total amount of $283,265.00. Mrs. Evans offered motion to follow the recommendation and award the bids as recommended, seconded by Mr. McBryde and carried unanimously. 6. Consideration of disposal of surplus fire alarm boxes. The recommended action was to authorize disposal in accordance with State Statutes by adoption of a resolution. The City Attorney then stated that in his opinion this matter must be postponed for action at a regular meeting. There was then some general discussion of the disposition of these fire alarm boxes as well as surplus parking meters and Mr. Wofford suggested that a system be devised for the sale of these items that would be equitable to all persons. There was then a general discussion of this matter and Mr. Wofford's suggestion was agreeable to all. 7. Consideration of amendment to Section 22-12 (Probationary Period). Adoption of the ordinance was recommended. The City Manager presented this item and stated that with the implementation of the new pay plan October 1, 1984, he was recommending the extension of the probationary period to one year for all employees. Police and Fire personnel currently have a one year probationary period while all others have six months. The ordinance amendment would make all probationary periods one year for employees hired and promoted after October 1, 1984. Following brief discussion, Mr. Wofford offered motion for adoption of the ordinance, seconded by Mr. McBryde and carried unanimously. AN ORDINANCE AMENDING CHAPTER 22 - PERSONNEL OF THE FAYETTEVILLE CITY CODE OF ORDINANCES - PROBATIONARY PERIOD. ORDINANCE NO. S1984-21. Mayor Hurley then declared a five minute break. 8. Consideration of donation of property to Cumberland County Board of Education at Fair Street and Camden Road. It was recommended to authorize donation of this property subject to reservation that it be used solely for educational and/or park purposes. The City Manager presented this matter and stated that this was Community Development property and Mr. Herrera was to have been present this evening, however, his mother passed away in San Antonio, Texas today and he was on his way there. The City Manager stated this property had been originally acquired for right-of-way along Camden Road and was adjacent to the Camden Road Elementary School. He stated it had been appraised at $9,000.00. The School system would like to acquire this property to improve the appearance which also improves visibility for our school bus traffic leaving campus. Following brief discussion, Mrs. Evans offered motion to donate the property as requested and as recommended provided it be used solely for educational and/or park purposes and if not ownership would revert to the City, motion seconded by Mr. Dawkins and carried unanimously. RESOLUTION AUTHORIZING THE CONVEYANCE OF CITY OF FAYETTEVILLE PROPERTY AT THE INTERSECTION OF FAIR STREET WITH CAMDEN ROAD. RESOLUTION NO. R1984-107. 9. Consideration of Budget Ordinance Amendment Change 85-2. The recommended action was adoption of the amendment. A. Archaeological investigation of 500 Block - $8,400. B. Addition of Word Processing Technician position - $10,000. The City Manager presented this matter and stated that information on item A had been presented at the last meeting of the Council. As to Item B, an additional Technician is needed in Word Processing for CID to utilize Word Processing for their reports. This will be a time saving method. Chief Hansen also plans for other divisions to utilize Word Processing. Officers in the field can dictate reports in the field for preparation by Word Processing. This procedure has worked well in the past for the Street Crimes Unit relieving Officers of clerical work. This Technician would be assigned solely to Police Department work. Chief Hansen has funds available in his budget to fund the position, due to savings in equipment request. The budget amendments would transfer the necessary funds for the archaeological investigation as well as the word processing technician. The City Manager stated he recommends approval. Following brief discussion, Mr. Wofford offered motion for adoption of the amendments, seconded by Mr. Jones and carried unanimously. 10. APPOINTMENTS: A. Appointment of Mrs. Louise Wilkie to the Human Services Commission. Mr. Dawkins offered motion, seconded by Mr. Jones to appoint Mrs. Wilkie to complete the term of Lester Shaw which runs to March, 1985. B. Appointment of ex-officio member of the Human Services Commission. Following some discussion of this matter, it was decided to defer it and allow the Mayor to write a letter to the Commanding General, Pope Air Force Base and request an appointment. C. Nominations to fill 3 vacancies, two of which are unexpired terms to the Senior Citizens Advisory Commission. Mr. Jones nominated Mrs. Beatrice Matthews. It was decided that the Mayor's office was to contact Mrs. Fannie Thomason and Mrs. Veatrice Davis about serving additional terms of office. 11. DELEGATIONS: Mr. Clinton Harris, a local citizen, was recognized and stated that at a meeting of the Policy Committee approximately 2 years ago, an agreement was reached with the real estate members and the senior citizens round table members concerning obtaining sidewalks in the City at $3.00 per foot. A statement to this effect was supposed to have been filed with the Inspections Department but no such statement exists. Mr. Harris requested a review of the sidewalk policy. 12. ADMINISTRATIVE REPORTS: A. Chief of Police. The City Manager presented this matter and stated that the new title replaced the old City Manager's reports. He requested Chief of Police, Ron Hansen, to give the briefing. Chief Hansen was recognized and commented on the following: The organizational chart of the Police Department, the park and walk and talk to citizens, neighborhood foot patrol, redevelopment of the CID Case Management System, training for first responders, officer friendly program review, ride-along program, career criminal investigation- neighborhood watch, weapons training program, officer professional standards, 4-10 shift schedule, FBI National Academy attendance, report writing, safety program, lights for patrol cars, firearms training, and internal rumor control. Following Chief Hansen's report, there was some general question-answer and discussion. Mayor Hurley then thanked Chief Hansen for his report. B. Reports from City Engineer: 2. Report concerning request for traffic signal at McPherson Church Road (Westwood Shopping Center-McPherson Square Driveways). Mr. Louis Chalmers, traffic engineer for the City presented a report on this item. (A copy of the report is attached to the original of these minutes). Mr. Chalmers also displayed a projection. Council recognized Mr. Lonnie Player of Tri-Player, Inc., Westwood Shopping Center. Mr. Player stated that they desire the traffic light but not the change in the entrance on McPherson Church Road to no left turn. There was then some general discussion. Council also recognized Dr. Sid Gardner, tenant in McPherson Square and Westwood, who stated that they need the traffic light but not the change in the entrance as stated by Mr. Player. Mrs. Evans suggested that Council honor Mr. Player's request. Mrs. Evans then offered motion to approve the recommendation of the City Engineer on the stoplight but continue to allow left turns at all entrances on McPherson Church Road. Mr. Wofford commented on the $18,000 cost of the signal and suggested referring this matter to the Streets and Roads Committee. In response to question, the City Manager stated the $18,000 would have to come out of the Council's contingency fund. There was then some further general discussion, and following this Mayor Hurley called for a vote on the motion and it carried unanimously. 1. Report concerning intersection improvements on Cliffdale Road at McPherson Church Road. Mr. Chalmers also presented this matter. (See report attached to the original of these minutes). Mr. Chalmers displayed a projection of this intersection. Mayor Hurley recognized David Allawas, brother of a recent accident victim at this intersection who suggested that improved lighting and sidewalks would help alleviate the problem at this intersection. Mayor Hurley then thanked David for his suggestions. There was then some general discussion and the City Attorney suggested a delay on red. There was then some further general discussion of this report. Following this, Mr. Dawkins offered motion to follow the recommendation of the City Engineer to authorize acquisition of right-of-way for the right turn lane and request NC DOT to procure emergency funds for the Controller and also to implement the delay on red for the traffic signal, motion seconded by Mrs. Evans and carried unanimously. D. Report on request to revise Section 21-30 - Noise Ordinance - regarding control of barking dogs. The City Manager presented this matter and stated that Mr. Hyman Fleishman had appeared before City Council sometime ago to express his concern over barking dogs in residential neighborhoods. He has since contacted me with a request that the City consider an ordinance dealing with the situation. He is proposing an ordinance under which a person could call the Police and if a Police Officer could hear a dog barking inside the residence and could identify the dog, that the Officer could issue a warning to the owner. A second complaint on the same owner would result in the issuance of a citation. Mr. Fleishman has asked that I bring this matter to your attention. This may be something you may wish to ask the Policy Committee to look into and come back with a recommendation. Following brief discussion, Mrs. Evans suggested that the Policy Committee would consider this matter after the ordinance is drawn and submitted to them. Mrs. Evans set a meeting for the Policy Committee for 8:00 p.m., Wednesday, September 12, 1984 at the Kyle House. C. The City Manager suggested to Council that they consider Item C, Service Contracts with Outside Organizations, at another meeting. F. Discussion of Revitalization Commission request regarding Library Parking. The City Manager presented this matter and stated that the Revitalization Commission had asked the County to reconsider the construction of a library staff parking lot at the corner of Ray Avenue and Mason Street. The Commission feels that the property be left undisturbed and become part of the Linear Park. The County has agreed to hold the award of the contract for the parking lot to allow the Revitalization Commission time to propose an acceptable alternative solution. He requested that Council authorize him to work with the Commission and the County to develop workable alternatives and present a recommendation back to Council at the next regular meeting. Mr. Dawkins then offered motion, seconded by Mr. Wofford to follow the foregoing recommendation of the City Manager. Council recognized Mr. Dohn Broadwell and other Commission members in support of the recommendation. Mayor Hurley thanked Mr. Broadwell for his remarks. Mayor Hurley then called for vote on the motion and it carried unanimously. E. Report on request for observance of Martin Luther King's birthday. The City Manager presented this matter and stated that an amendment to the resolution originally forwarded by the Human Services Commission had been submitted. The amended resolution requests that Dr. King's birthday be recognized by an observance. I concur in this amended request and suggest that the Council authorize the Human Services Commission to organize such an observance and report back to Council. I cannot recommend an additional paid holiday for City employees. We currently have eight paid holidays as well as twelve days of annual leave. This gives employees a total of 20 twenty days per year or four work weeks. Following brief discussion, Mr. McBryde offered motion, seconded by Mrs. Evans to authorize the Human Services Commission to organize an observance of Martin Luther King's birthday. Motion carried unanimously. 13. MATTERS OF INTEREST TO THE CITY COUNCIL: Mrs. Evans extended thanks to the City Engineering Department and all others for the improvements to the railroad crossings. Mayor Hurley mentioned the All America City Award and extended thanks to Assistant City Manager Suzan Cheek for her efforts in preparing the application. Mrs. Cheek acknowledged the thanks and stated that she would extend them to the other members of the Committee. Mayor Hurley then extended thanks to the Police Officer present for the meeting this evening. Thereafter all matters of business having been completed, this meeting was adjourned at 10:15 p.m., upon motion made and duly seconded. REGULAR MEETING MONDAY, SEPTEMBER 17, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, SEPTEMBER 17, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Aaron Johnson, J.L. Dawkins, Mildred Evans and Jimmie Jones. Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Absent: City Manager John P. Smith Mayor Hurley called the meeting to order and issued a welcome to all. The invocation was offered by the Reverend Roy Graves, Church of the Open Door. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then recognized the Seabrook Championship Teams and their parents. They were the Red Legs and the Allstars. Mayor Hurley called the players down to the front and read a resolution and presented them with pencils as a memento. He stated that the resolution would be framed and returned to them. Following the presentation, the teams were accorded a round of applause from the audience. Fayetteville Youth Council Members were not present. Mayor Hurley stated that Mr. Jones had requested an Executive Session after the meeting to discuss a personnel matter only. 1. Consent: The City Attorney stated that on Consent Item Q, one page in the middle had been left out of the lease. He also requested the deletion of the paragraph regarding taxes. Mr. Wofford pulled Consent Item Q. Mr. Wofford then moved, seconded by Mr. Dawkins and carried unanimously to approve all consent items except Q. The consent items appear below. A. Approval of minutes of special meeting of September 4, 1984. B. Approval of the initial zoning to R6 residential district or to a more restrictive zoning classification for an area located approximately 235 feet east of the intersection of Southern Avenue and Owen Drive. C. Approval of the initial zoning to R6 residential district or to a more restrictive zoning classification for an area located at 2600 Owen Drive. D. Approval of the initial zoning to R6 residential district or to a more restrictive zoning classification for an area located on the south side of Owen Drive, approximately 430 feet west of Camden Road. E. Approval of the initial zoning to M2 heavy industrial district or to a more restrictive zoning classification for an area located on the north aide of Owen Drive, approximately 70 feet west of the Seaboard Coastline Railroad. F. Approval of the initial zoning to C1P shopping center district or to a more restrictive zoning classification for an area located on the west side of Owen Drive approximately 250 feet north of Goins Drive. G. Approval of the initial zoning to R10 residential district or to a more restrictive zoning classification for an area located at 3410 and 3414 Boone Trail. H. Approval of the initial zoning to R10 residential district or to a more restrictive zoning classification for an area located at 3330 and 3334 Boone Trail. I. Approval of the initial zoning to C1 local business district or to a more restrictive zoning classification for an area located west of Ramsey Street, north of Country Club Drive. J. Approval of the initial zoning to R10 residential district or to a more restrictive zoning classification for an area located at 307 Longview Drive. K. Approval of the initial zoning to R10 residential district or to a more restrictive zoning classification for an area located southwest of Rose's Lake, west of Hilton Drive. L. Approval of Garden Condominiums in a R5A residential district for preliminary and final condominium development review for an area located on the north side of Treetop Drive, east of Raleigh Road (U. S. 401 North). M. Approval of “Hardees Restaurant" - Westwood Shopping Center in a C1P shopping center district for preliminary and final site plan revision review for an area located on the southwest corner of Morganton Road and McPherson Church Road. N. Approval of Gilbert S. and Janice M. Forbes subdivision in a R10 residential district for preliminary and final subdivision review for an area located north of Scotty Hill Road, west of Cain Road. O. Award of contract for one (1) New Tractor and Backhoe and Loader to N. C. Equipment Company (the low bidder) for $26,525. P. Set Public Hearing for October 15, 1984, to consider an amendment to Collier Drive Redevelopment Plan. Q. Item Q had been pulled. R. Authorize sale by resolution of Community Development surplus property at 1028 Old Wilmington Road to Odis Blackmon for $5,800. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY LOCATED AT 1028 OLD WILMINGTON ROAD. RESOLUTION NO. R1984-109. Q. Authorize the Mayor to execute resolution for Airport use agreement between City of Fayetteville and Mountain Air Cargo, Inc. (for 3 years in accordance with current landing schedule). Mr. McBryde offered motion to approve item Q, except following the advice of the City Attorney to delete paragraph 2 of article 18; motion seconded by Mr. Jones and carried unanimously. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY AT THE AIRPORT. RESOLUTION NO. R1984-108. 2. Consideration of interlocal agreement between City of Fayetteville and County of Cumberland regarding central library parking. Approval was recommended. Mr. Stancil presented this item and stated that in accordance with the memorandum in the agenda packet, the interlocal agreement would provide for a transfer of title to the property at the intersection of Mason Street and Ray Avenue back to the City and a lease for library staff parking in the Maiden Lane parking lot according to terms and conditions. Following some discussion, Mrs. Evans moved for approval of the foregoing; seconded by Mr. Dawkins. Mr. Wofford suggested stickers for the automobiles and the City Attorney stated that this could be placed in the lease. Mayor Hurley then called for a vote on the motion and it carried unanimously. 3. Public Hearings: A. Consideration of a resolution and order closing a portion of Morgan Lane from the southernmost corner of Lot 28, Plat Book 9, Page 44, Cumberland County Registry, to Westmont Drive. Adoption of the resolution was recommended. The City Engineer presented this matter and stated that this public hearing had been advertised pursuant to petition from the property owners and all property owners had been notified. Mayor Hurley asked if there were proponents. Mr. Mason Hicks, 1415 Summit Avenue, was recognized in favor. Twelve persons also stood in favor. Mr. Hicks requested approval of the request pursuant to the second petition submitted. A Mr. Moore, a property owner, was also recognized and stated that he preferred the City keep the property and maintain it. The City Attorney offered comments concerning the matter. Mr. McBryde suggested placing a barrier in the street. A Mr. Raymond Jones, a property owner, was recognized with comments. Mr. Hicks requested following the suggestion of Mr. McBryde and build the barrier. There was then some discussion of the matter. Mayor Hurley then asked if there was opposition. Mr. Clinton Harris, a local citizen, was recognized and recommended to open the street all the way for the benefit of St. Patrick's School students. Following some discussion of the matter, Mr. McBryde offered motion to open the street to the St. Patrick's School line, leave the rest closed, and that all property owners be permitted to use the property. Motion seconded by Rev. Johnson. There was then some discussion following this. Mayor Hurley called for the vote and it carried unanimously. 4. Public Works Commission Matters: A. Consideration of an Ordinance amending and restating the Employee's Retirement Plan of the Public Works Commission of the City of Fayetteville. PWC recommends adoption of the Ordinance. PWC Manager Ray Muench presented this matter and explained it for Council's benefit. He stated this expanded the retirement program for the benefit of the PWC employees. Following some discussion, Mr. Dawkins offered motion for approval as recommended by adoption of the Ordinance; motion seconded by Mr. Wofford and carried unanimously. AN ORDINANCE AMENDING AND RESTATING THE EMPLOYEE'S RETIREMENT PLAN OF THE PUBLIC WORKS COMMISSION OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. NS1984-38. 5. Planning Board Matters: A. Consideration of the rezoning from R6 residential district to P2 professional district or to a more restrictive zoning classification for an area located on the north side of Ft. Bragg Road, west of McPherson Avenue. Planning Board recommends approval. Planner Al Mitchell presented this matter and made the explanation. Following this, Mrs. Evans offered motion for approval as recommended; seconded by Mr. McBryde and carried unanimously. 6. Consideration of a resolution for lease agreement between the City of Fayetteville and Crescent Development Corporation for The Market (The Farmer's Market). Approval was recommended. The City Attorney presented this matter and stated that following a meeting with the developer, three amendments to the lease were suggested and he outlined them for the benefit of the Council. Following this, Mrs. Evans offered motion for approval of the lease by the adoption of the resolution with the changes as outlined by the City Attorney; motion seconded by Mr. Dawkins and carried unanimously. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY - THE MARKET. RESOLUTION NO. R1984-110. 7. Consideration of Resolutions and Notice of Sale of Surplus Property: A. Sale by resolution of surplus radio to Beaver Dam Volunteer Fire Department. The recommendation was adoption of the resolution and approve the sale for $1.00. Mr. Stancil presented this matter and stated that the Administrative Services Director had received a letter requesting the donation of a surplus radio base station which the City owns. The equipment in question is a 1963 Model Motorola Two-Way Base Station of minimal value, therefore, my recommendation is to request City Council donate this equipment to the Volunteer Fire Department. Mr. Stancil stated that this equipment be donated to the Beaver Dam Volunteer Fire Department inasmuch as it is another government entity. Following brief discussion, Mr. McBryde offered motion; seconded by Mr. Dawkins and carried unanimously to donate the equipment by the adoption of the following resolution. RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY - ONE RADIO BASE STATION. RESOLUTION NO. R1984-111. The City Attorney was then recognized with additional conditions to The Market lease - Item 6. Crescent Development Corporation. The City Attorney outlined the additional conditions for City Council. Following this, Mr. McBryde offered motion; seconded by Mr. Dawkins to approve the additional conditions to action taken on The Market lease as recommended by the City Attorney. Motion carried unanimously. B. Disposal of surplus property at auction sale. Adoption of the resolution was recommended. Mr. Stancil presented this matter and recommended declaring the items surplus with the removal of several items and for adoption of the resolution. There was some discussion of this matter. Following this discussion, Mr. Wofford offered motion for adoption of the resolution, deleting the items outlined and at the discretion of the City Manager that due to any unforeseen reasons, that the auction be postponed and the auctioneer be compensated for the cost. Motion seconded by Mr. McBryde and carried unanimously. RESOLUTION AND NOTICE OF SALE OF SURPLUS PROPERTY. RESOLUTION NO. R1984-112. 8. Consideration of contract for PIN terminal. It was recommended to authorize the City Manager to execute the contract. Mr. Stancil presented this matter and stated that it is a request for an additional terminal in the Police Department. Following some discussion, Mrs. Evans offered motion for approval of the foregoing as recommended; seconded by Mr. McBryde and carried unanimously. 9. Consideration of contract with the Center for Urban Affairs and Community Services for analysis of the City's telephone system. It was recommended to authorize the City Manager to execute the contract. Mr. Stancil presented this matter and stated this was a study of the telephone system. Mr. Wofford offered motion to authorize the City Manager to execute the contract; seconded by Mr. Jones and carried unanimously. 10. Consideration of contract with OMNICOM, Inc., for analysis of the Emergency Communication System. It was recommended to authorize the City Manager to execute the contract. Mr. Stancil presented this matter and stated that it was a study of the 911 Emergency Communication System. Following brief discussion, Mr. Wofford offered motion to authorize the City Manager to execute the contract; seconded by Mr. McBryde and carried unanimously. 11. Consideration of rescission of Ordinance No. NS1980-77 (Demolition Ordinance at 314 Chance Street). It was recommended to rescind the ordinance. Mr. Stancil requested that Council defer this item until a later date and this was agreeable. 12. Consideration of street resurfacing list. The City Engineer presented this matter and stated that the Street, Roads, and Transportation Committee had reviewed this list and would report to the Council their recommendations. He stated the staff recommends approval of the list of streets for resurfacing. After approval by the Council, we will proceed with preparation of contract documents. Mr. Dawkins, Chairman of the Street, Roads, and Transportation Committee, offered the Commission's report. He stated that the study had been done and that they approved the recommendation to resurface the streets. Following brief discussion, Mr. Dawkins offered motion to adopt the street resurfacing list as recommended; seconded by Mr. McBryde and carried unanimously. (A copy of the list is on file with the City Engineer). 13. Consideration of a resolution of disposal of surplus fire alarm boxes. It was recommended to authorize disposal in accordance with State statutes. Mr. Stancil presented this matter and a fire alarm box was displayed for City Council. Mr. Stancil stated there were approximately 200 of these boxes in storage. He recommended that Council declare them surplus and that sealed bids be submitted for $10.00 each from any person interested and the bids opened and the boxes disposed of accordingly. Following some discussion, Mrs. Evans offered motion to follow the recommendation of the Administrative Services Director and the Assistant City Manager and sell one fire alarm box to each person for $10.00 each and that the City keep two fire alarm boxes; motion seconded by Mr. Jones and carried unanimously. RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY - 200 FIRE ALARM BOXES. RESOLUTION NO. R1984-113. 14. Appointments: A. Reappointment of Mrs. Veatrice Davis to the Senior Citizens Advisory Commission. Mr. Jones offered motion; seconded by Mr. Dawkins to reappoint Mrs. Davis for a two year term of office, running to September, 1986. B. Mr. Jones then offered motion; seconded by Mr. Dawkins to appoint Mrs. Beatrice Matthews to the Senior Citizens Advisory Commission for a two year term of office to run to September, 1986 (for Mrs. Elsie Daley). Mrs. Evans then nominated Mr. W. T. Meaney to the Senior Citizens Advisory Commission for a two year term. Reverend Johnson then nominated Mrs. Selina Pierce to the Senior Citizens Advisory Commission for a one year term of office. Mayor Hurley stated the foregoing nominations would be considered for appointment at the next meeting. 15. Delegations: A. Residents of Buie Court. The Buie Court residents were not present. Council recognized Mr. Odis Blackman on the sale of the house at 1025 Old Wilmington Road. Mr. Blackman stated that there had been extensive damage by vandals done to the house. In view of this, he requested a reconsideration of the sale price. The City Attorney suggested that since this is Community Development property, that Mr. Herrera be contacted. Mayor Hurley then recognized a Mr. Russell Price for St. Luke's Church, concerning the property they are attempting to purchase. He stated they had gotten a price of $6,350 and had put up a deposit of $317.50 in March. Due to extenuating circumstances, he requested that this matter be reconsidered. Following some discussion, Mayor Hurley stated that this matter will also be referred to the City Attorney and to Mr. Herrera. Mayor Hurley advised Mr. Price that this matter would be considered at the next meeting on October 1. 16. Administrative Reports: A. Report of statement of taxes from Cumberland County Tax Collector. Mr. Stancil stated that the statement of taxes collected for the month of August, 1984 had been received and this was to be noted in the Minutes of this meeting. B. Service contracts with outside organizations. Mr. Stancil stated this information had been submitted for Council's information. C. Set Information Meeting for September 24, 1984, to discuss data processing bids. Following some discussion, this information meeting was set for 5:15 p.m., on Monday, September 24, 1984. The location of the meeting was to be determined at a later date. D. Status reports. Mr. Stancil stated that the status reports were enclosed in the agenda packet for Council's information. 17. Matters of Interest to the Council: Mr. Jones stated that there was a need for a left turn signal on Ramsey Street at Northwood's Church. He stated that with the expansion of the Church facilities, vehicular traffic had increased considerably. The City Engineer was requested to investigate this condition and report back to the Council with a recommendation. Mr. Jones stated that he had observed cars parked on the bicycle path. He requested that this be referred to the Police Department. Mr. Jones stated that he had observed and had been informed of cats running loose. This matter was to be referred to the Animal Control Department for correction. Mayor Hurley then recognized several residents present in the audience concerning consent item 1H, approval of initial zoning to R10 residential district or to a more restrictive zoning classification for an area located at 3330 and 3334 Boone Trail. Planner Al Mitchell stated this was not an item for public hearing this evening. Mayor Hurley extended apology to the residents, explained that the initial zoning had been approved and stated he regretted they had not been given an opportunity to understand and to speak. Mrs. Evans commented on parking meters in attended parking lots. Mayor Hurley recognized the City Attorney concerning Mr. Blackman's request made earlier concerning 1028 Old Wilmington Road. The City Attorney informed Council that he could look at this matter tomorrow, but he cannot get it ready for the next meeting, due to the advertisement requirements. Mr. Blackman was again recognized and asked if he could be reimbursed for the damages. There was then some discussion of the matter. Following this discussion, Mayor Hurley advised Mr. Blackman to contact the City Attorney at his office. Mayor Hurley then stated he would entertain a motion for an executive session and Mr. Jones offered motion; seconded by Mr. Wofford at 10:00 p.m., that Council enter into Executive Session for the consideration of a Personnel matter only. Motion carried unanimously. Council then reconvened into Regular Session at 10:05 p.m., and adjourned upon motion made and duly seconded. MEMORANDUM SEPTEMBER 13, 1984 TO: Mr. John P. Smith, City Manager FROM: City Engineering Department SUBJECT: List of Streets for ResurfaCing The present budget has provided $370,000 for street resurfacing. A list of streets is recommended for resurfaCing with the following considerations: 1) Pavement Condition Surveys by the Institute of Transportation Research and Education which was completed March, 1984. This survey took into consideration a number of factors to include condition of the surface and base course, and traffic volumes. 2) Additional cost of resurfacing if resurfacing is delayed due to further deterioration. 3) Cost of maintenance of streets in their present condition. 4) Complaints from citizens have also been considered. The Streets, Roads, and Transportation Committee has reviewed this list and will report to the Council their recommendations. We recommend approval of the attached list of streets for resurfacing. After approval by the Council, we will proceed with preparation of contract documents. SPECIAL MEETING MONDAY, SEPTEMBER 24, 1984 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING LIGHTHOUSE RESTAURANT MONDAY, SEPTEMBER 24, 1984 5:15 P.M. Present: Mayor John W. Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Mildred Evans, Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Absent: Councilmember Aaron Johnson Mayor Hurley called the meeting to order and Councilmember Jones offered the invocation. Council first heard a presentation by George Vaughan, Planning Director, concerning recommended changes to the subdivision ordinances. The changes as proposed would allow the Planning Department staff to approve subdivision and site plans when there are no variances involved and there is agreement on condition of approval. If either variances or disagreement on conditions exist, then the Planning Board would take final action. Mr. Vaughan had been instructed by the Planning Board to present this matter to City Council. Councilmember McBryde offered a motion to leave the current procedure as it is. The motion was seconded by Councilmember Jones and carried unanimously. The Council asked that the letter sent by the Planning Board to those affected by such subdivision and site plans be submitted to Council for review. Council then considered a resolution rescinding Resolution No. R1984-109, and authorizing the City Manager to sell property located at 1028 Old Wilmington Road, at a negotiated price since it was valued at less than $5,000. City Attorney Cogswell discussed the matter and recommended that the Council adopt the resolution to be effective after 4:00 p.m., Tuesday, September 25, 1984, if he did not receive $5,800 by that time from Mr. Blackmon. Councilmember Wofford moved the adoption of the resolution; seconded by Councilmember McBryde, and carried unanimously. RESOLUTION AUTHORIZING SALE OF CITY OF FAYETTEVILLE PROPERTY - 1028 OLD WILMINGTON ROAD. RESOLUTION NO. R1984-115. City Manager Smith then introduced information on the evaluation of bids received for the purchase of data processing hardware and software. He explained the process of developing the Request for Proposal and the process for evaluating responses to that request. Assistant City Manager Stancil then reviewed in detail the evaluation by the staff of the Center for Urban Affairs and Community Services and the City of Fayetteville staff. There being no further business, the meeting was adjourned at 6:50 p.m. REGULAR MEETING MONDAY, OCTOBER 1, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, OCTOBER 1, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Aaron Johnson, J. L. Dawkins, Mildred Evans, and Jimmie Jones 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 offered by Dr. William A. dePrater, III, minister of Sunnyside Presbyterian Church. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. RECOGNITION: Presentation to winners of Martial Arts Junior Olympics and participants. Mayor Hurley deferred this matter pending receipt of awards. Mayor Hurley stated the City Attorney had requested an Executive Session at the end of this meeting for a litigation matter only. 1. Consent: Reverend Johnson pulled items J, E, and L. Mr. Dawkins then offered motion; seconded by Mr. McBryde to approve all consent items except J, K, and L. Motion carried unanimously. The consent items appear below. A. Approval of the minutes of regular meeting of September 17, 1984. B. Approval of a request for a refund of City taxes to Rudolph V. Smith in the amount of $339.76. C. Set Public Hearing for October 15, 1984, to consider an amendment to Collier Drive Redevelopment Plan. D. Award of contract for one (1) new one-ton crew cab pickup truck to LaFayette Motor Sales (the low bidder) for $11,598. E. Award of contract for one (1) Bituminous Utility Tank Trailer to A. E. Finley Company (the low bidder) for $12,571. F. Approval of amendment to Horne House Lease. G. Approval of Cumberland County Branch Library in an R10 residential district for preliminary and final zero lot line subdivision review for an area located on the south side of Village Drive, east of Ireland Drive. H. Approval of Rivercliff Villas in an R6 residential district for preliminary and final zero lot line development review for an area located on the south side of Eastwood Avenue, east of U.S. 401 North (Ramsey Street). I. Approval of Fairway Village subdivision in a P2 professional district for preliminary and final subdivision review for an area located on the east side of Fairway Drive and on the west side of Robeson Street. J. Item J had been pulled. K. Item K had been pulled. L. Item L had been pulled. M. Approval of request for weapon and badge upon retirement of Capt. William Barefoot, Sr., from the Fayetteville Police Department. N. Award of contract for the purchase of one power transformer to ASEA (the low bidder) in the amount of $139,480. J. Approval of Pinehurst Point in an R6 residential district for preliminary and final zero lot line development revision review for an area located on the east side of Rosehill Road and the north side of Walstone Road. Planner Al Mitchell presented this matter and stated this is a for sale development and there must be a Homeowners Association to handle the dumpsters. The stubouts on Walstone were discussed with the City Engineer. Reverend Johnson asked the City Engineer about the street layout and garbage containers pickup. There was then some discussion of the matter. Mr. Mitchell stated that the developer was not present but that Council could approve subject to Condition No. 9 being reviewed again. There was further discussion. Reverend Johnson then offered motion to approve the plan except No. 9 and bring back to Council; seconded by Mr. McBryde. Following some discussion, Reverend Johnson withdrew his motion. Mrs. Evans then moved to continue this matter until Mr. Mitchell can get together with the developer and discuss the matter; seconded by Mr. Jones and carried unanimously. Mr. McBryde suggested that the policy committee also consider this matter. K. Approval of Ravenhill Commons in a C1P shopping center district for preliminary and final site plan review for an area located on the west side of Ravenhill Drive, north of Raeford Road. Reverend Johnson asked questions on Conditions No. 6 and No. 8. Planner Mitchell explained the buffer zone and the variance under these conditions. Reverend Johnson asked a question on location and zoning and Planner Mitchell explained the 50 foot setback. Reverend Johnson then offered motion for approval of the foregoing; seconded by Mr. McBryde and carried unanimously. L. Approval of Ascot Office Plaza in a P2 professional district for preliminary and final condominium revision review for an area located on the northwest corner of U.S. 401 North (Raleigh Road) and Coronation Drive. Reverend Johnson asked question on conditions No. 8 and 10 and Planner Mitchell explained the buffer zone and the containers. There was then some discussion. The City Manager stated that the developers are encouraged to put locks on the containers. Following some discussion, Reverend Johnson offered motion to follow the recommendation and approve the foregoing; seconded by Mr. Jones and carried unanimously. Mayor Hurley then returned to the recognition item of the winners of the Martial Arts Junior Olympics and participants, since the awards had arrived and the recipients were present. Mayor Hurley recognized Mrs. Mayes, who presented awards to the individuals. Mayor Hurley then presented a proclamation and requested Mrs. Mayes to present certificates of appreciation from the City, which she did. Mayor Hurley then congratulated each person and they were excused from the meeting. 2. Consideration of purchase of data processing equipment. It was recommended to award the contract to Wang Laboratories, Inc. The City Manager stated that this item had been presented at an information meeting last week and additional information had been given on Friday from the Center of Urban Affairs at North Carolina State University. He recommended award of the contract to Wang Laboratories, Inc. Mrs. Evans offered motion for award of the contract as recommended by the City Manager; seconded by Mr. Wofford and carried unanimously. 3. Consideration of a bid by Cumberland County for the purchase of two surplus motorcycles. The City Manager presented this matter and stated that he had received a bid from the County. He stated he gave a price of $1,800, but this was not acceptable to them. He recommended leaving these vehicles on the auction list. Mr. Wofford suggested setting these aside and selling them to the County for the same price as the highest price received for any other motorcycle sold at auction. There was then some discussion of the matter. Following this, Mr. Jones offered motion to follow the recommendation of the City Manager; seconded by Mrs. Evans and carried, Reverend Johnson and Mr. Wofford voting no. 4. Consideration of Budget Ordinance Amendment Change No. 85-3 (installation of traffic lights on McPherson Church Road at Westwood Shopping Center). It was recommended to adopt the ordinance. The City Manager presented this matter and stated this is a budget amendment form which the Council has already approved. Mrs. Evans offered motion; seconded by Mr. Jones for approval of the foregoing as recommended. Motion carried unanimously. 5. Consideration of Capital Project Ordinance 85-1 for 10th year Community Development projects. Adoption of the ordinance was recommended. The City Manager presented this item and stated that this was formal adoption and that it had been approved by City Council. Mr. Dawkins offered motion for approval as recommended; seconded by Mr. McBryde and carried unanimously. 6. Consideration of Lease Agreement with Hessischer Rundfunk Anstalt des offentlichen Rechts for use of the Prince Charles Hotel to film a movie. The recommended action was to authorize the City Manager to execute the lease agreement. The City Manager presented this item and stated that the German firm is making a movie for German public television. The movie is the true story of a German composer as told through the eyes of an American soldier who accidentally killed him. The American soldier returned to the U.S., where he became a hobo ending up in Fayetteville where he died some 30 years ago. While in Fayetteville, he broke into a vacant hotel and lived. The movie company wants to use the Prince Charles Hotel for a set. That is the purpose of the contract which was prepared by Mr. Cogswell. I certainly recommend that we cooperate in this and demonstrate our hospitality. The company agrees to reimburse the City for any expenses we incur in assisting them. The City Attorney then presented a change in the lease agreement concerning the insurance requirement. Following this, Mr. McBryde offered motion; seconded by Mr. Jones to approve the foregoing as recommended. Motion carried unanimously. Mayor Hurley then requested Assistant City Manager Roger Stancil to introduce the guests. They were Alexandra Reed and Werner Hauer. Mayor Hurley welcomed them and wished them much success in their movie making. 7. Consideration of an Ordinance amending Chapter 21 establishing a new method for enforcement of the Noise Ordinance including barking dogs. Adoption of the ordinance was recommended. The City Attorney deferred to Mrs. Evans, Committee Chairperson, who stated that the Policy Commission had considered it, felt it was appropriate and approved it. Mrs. Evans then offered motion for adoption of the ordinance and setting the fine at $25 after the warning; motion seconded by Mr. Jones and carried unanimously. AN ORDINANCE AMENDING CHAPTER 21, OFFENSES, MISCELLANEOUS PROVISIONS OF THE FAYETTEVILLE CITY CODE - BARKING DOGS. ORDINANCE NO. S1984-22. 8. Consideration of Ordinance amending Chapter 2-20, establishing the fourth Monday as information meeting date on a regular basis for the City Council. Adoption of the ordinance was recommended. The City Attorney presented this matter and stated that at Council's last meeting, the idea of setting a regular meeting time for information meetings was discussed. Again, my recommendation for this is that by being a regular scheduled meeting, you are not restricted to agenda items only. You do not have to meet everytime. Following brief discussion, Mr. McBryde offered motion to adopt the ordinance; seconded by Reverend Johnson and carried unanimously. AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, OF THE FAYETTEVILLE CITY CODE - REGULAR AND INFORMATION MEETINGS. ORDINANCE NO. S1984-23. 9. Consideration of Ordinance amending Section 14-10.4 regarding notice for trash and weed violations. Adoption of the ordinance was recommended. The City Attorney presented this matter and stated that currently the City Code requires that we notify a property owner in person when his/her property is in violation of the ordinance regulating trash and weeds. This is sometimes a very difficult task. It is requested that the ordinance be amended to allow notification by certified mail. If notice cannot be achieved in this manner, then we would post the property as currently required. Following brief discussion, Mr. McBrdye offered motion to adopt the ordinance; seconded by Reverend Johnson and carried unanimously. AN ORDINANCE AMENDING CHAPTER 14, GARBAGE, TRASH AND WEEDS, OF THE FAYETTEVILLE CITY CODE - SERVICE OF NOTICE. ORDINANCE NO. S1984-24. Mayor Hurley then extended thanks to the Clean Community System and others for their efforts in keeping the City clean. 10. Consideration of a Charter amendment to cure a technical error regarding City elections. The City Attorney presented this matter and referred to his memo in the agenda packet and stated that the Council can set a public hearing to consider with the next meeting. He stated it must be done within 45 days of tonight with adoption of the resolution. Following brief discussion, Mr. McBryde offered motion for adoption of the resolution; seconded by Reverend Johnson and carried unanimously. The City Attorney then recommended amending the resolution to read “the first meeting in November" and this was approved. RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO CONSIDER AN ORDINANCE AMENDING SECTION 4.1 OF THE CITY CHARTER, “CONDUCT OF CITY ELECTIONS". RESOLUTION NO. R1984-116. 11. Appointments: A. Mr. Dawkins offered motion; seconded by Mr. Jones to appoint Mr. M.T. Meaney to a two year term of office to run to September, 1986 and Mrs. Selina Pierce to a one year term of office to complete Mrs. Fannie Thomason's term of office to run to September, 1985 on the Senior Citizens Advisory Commission. Motion carried unanimously. B. Nominations to fill 4-three year terms of office on the Advisory Recreation and Parks Commission. Mr. McBryde nominated George Armstrong for reappointment and Lyle Hall, resident of College Lakes. Reverend Johnson nominated Mrs. Louise Jenkins for reappointment. Mr. Dawkins nominated Jesse Kirkland for reappointment. Mayor Hurley stated that these nominees would be considered for appointment at the next meeting of the Council. 12. Delegations: Mayor Hurley recognized Mrs. Connie DeRobbio, 4328 Belford Road and wife of Police Officer J. DeRobbio. She stated that police officers are having a difficult time expressing their opinions in the Police Department. They fear for their jobs and disciplinary action. I feel if this is made a public issue, then something can be done about problems in the department. At present, there are disciplinary actions being taken in the department for the new policies by Chief Hansen. Some of these policies indicate a certain lack of trust in his officers. This morning, Officer Gloria Royal, was relieved of her gun because of the Chief's new park, walk and talk policy. She was supported by another Officer, yet the Chief chose to believe a citizen rather than the Officer. Some other issues troubling the Department are the following: Freedom of speech of Police Officers, job security, threat of suspension and transfer, lateral entry into the department from out of town and state of people for the department, shifts and hours, the ten code, park, walk and talk policy, the removal of tachographs from police cars, the proposed elimination of escorts for local businesses, the inability due to proper overlap for police officers to do their job, and equipment changes that leave police officers less confident and feeling that they are not trusted. These are just some of the issues in the department now, she stated. Some of the conflicts with Chief Hansen are, lack of respect for police officers and families. I experienced this during a two hour meeting with the Chief. I was insulted and intimidated by him, a Major and a Captain. She stated she asked the Chief why there were so many divorces in the Department and why the men were under stress. She said the Chief stated that adultery was rampant in the department. Also, his changes in the uniform and the motto seem to be for the purpose of eliminating the identity of the department. She stated he wants to change the badges, police cars, and anything else from the prior administration. He has been unaware of many of the systems in the City; court system and shifts and schedules. His policies have affected hundreds of lives. He claims to have many studies and reports to back up his claims and yet we haven't seen any of these reports and they haven't been made public. We would like to see them. We would like to see some of the negative aspects of the policies also. The Chief gets a tax-free housing allowance over his $40,000, as well as a car to take him to his home outside the City. We need approximately 30% raises to be in line with other Cities the size of Fayetteville. We would also like to know if anyone on the City Council was a personal friend of the Chief during the hiring process. She stated she was referring to City Manager John Smith. She suggested an in-depth inquiry into Chief Hansen's actions. The public is not aware of the problems within the department. A re-establishment of the Civil Service Commission or a panel of citizens including the Council would be helpful. There must be a solution to some of these problems rather than sweeping them under the rug. The City will pay if the Police Officers are injured in the line of duty; something that may well happen if these current policies remain in effect. Thank you. Mayor Hurley then thanked Mrs. DeRobbio for her remarks. Mayor Hurley then recognized Mr. Clinton Harris, a local citizen, who asked about accidents at the Raeford Road and Robeson Street intersection. He stated that after an accident, glass and debris, are not being removed. He stated he experienced difficulty at this location recently and requested that the signals be checked. Mayor Hurley thanked Mr. Harris for his suggestion and Mr. Dawkins agreed that it should be checked. Mayor Hurley then informed Mrs. DeRobbio that since she had shared her concerns with the City Manager that under the Council-Manager form of government, the City Manager administers the City and hires the Chief of Police and all other department heads. The City Council does not get involved in these politics, since this is the responsibility of the City Manager. He has heard your request twice and that's as far as the City Council would like to go with this. 13. Administrative Reports: A. Status Reports. The City Manager stated that the reports are in the agenda packet. B. The City Manager commented on the 3,000 bills sent out by error for auto decals recently. The County data processing unit apologized for the error and they are in the process of trying to identify the people and we are sending notices to them that they have not been annexed to the City without their knowledge and they do not owe for the decals. It was a coding error and we are in the process of correcting it. The City Manager informed the City Council that Chief Hansen's Father had passed away suddenly this morning and he will be out of town for most of the week. We will send condolences from the City Council and administration. 14. Matters of Interest to the Council: Reverend Johnson commented on Mrs. DeRobbio's presentation and stated the City Council was aware of any problems. Mr. Dawkins commented on a possible blinking headlight for motorcycles for additional safety. Mrs. Evans thanked all employees of the City who helped during the International Folk Festival and for the cleanup afterward. Mr. Jones commented on Mrs. DeRobbio's presentation also and stated that the City Council and administration are aware of the needs of the men and the department. Mayor Hurley thanked Mrs. Mildred Evans and Mrs. Martha Duell for the idea of the International Folk Festival, and for their work in making it a success. Mayor Hurley reminded the City Council of the formal lease signing ceremony scheduled for the Municipal Market at the Market site on Thursday, October 4, 1984, at 2:00 p.m. Mayor Hurley then extended thanks to all for attending the meeting and to the Police Officer for being present. In an afterthought, Mayor Hurley stated that about a month ago, he had received a letter from the North Carolina Department of Resources and Community Development. The letter stated the City had been nominated to receive the first annual Community Development Award. He stated he had also received an invitation for two to attend the Banquet last Thursday. Assistant City Manager Suzan Cheek and he had gone to Raleigh to represent the City. The winners award was presented to the City and we should feel extremely proud he concluded. Mayor Hurley then stated he would entertain a motion for an Executive Session and Mr. Wofford moved for the Executive Session to consider a litigation matter only; seconded by Mr. Dawkins and carried unanimously. Mayor Hurley then adjourned the Executive Session and reconvened the Council into Regular Session. Mayor Hurley recognized the City Attorney who stated that in the case in U.S. District Court, Eastern District of North Carolina, entitled Bobby Ray Wiggs, Jr., versus John W. Hurley and others, Case No. 84-91-CIV-3, recommend that you authorize me to represent Mayor Hurley, John Smith and Bill Johnson in that lawsuit. I find that they were all acting in the course end scope of their employment or duties consistent with the requirements of the City Code and State Statutes that you find before you authorize representation. Mr. McBryde then moved for approval of the foregoing as requested by the City Attorney; seconded by Mrs. Evans and carried, Mayor Hurley abstaining to vote. Mayor Hurley then adjourned the meeting upon motion made and duly seconded. REGULAR MEETING MONDAY, OCTOBER 15, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, OCTOBER 15, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Rev. Aaron Johnson, J. L. Dawkins, Mildred Evans and Jimmie Jones 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 welcomed everyone present. The invocation was offered by the Reverend Bennie Melvin, Pastor of Person Street United Methodist Church. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley stated the City Manager had requested an Executive Session at the end of this meeting to consider a land transaction matter only. Mayor Hurley recognized Fayetteville Youth Council members present in the audience to observe Council proceedings. 1. Consent: Mr. Dawkins requested and received permission to abstain from voting on Consent Items 1E, I and J. Mr. McBryde requested and received permission to abstain from voting on Item 4C. Mrs. Evans pulled Consent Items C, D, G, and J. Mr. McBryde then offered motion to approve Consent Items A, B, F, H, and K; seconded by Mr. Wofford and carried unanimously. The consent items appear below: A. Approval of minutes of special meeting of September 24, 1984. B. Approval of minutes of regular meeting of October 1, 1984. F. Approval of the initial zoning to R10 residential district or to a more restrictive zoning classification for an area located on the south side of Boone Trail, on both sides of Fargo Drive. H. Approval of the initial zoning to R10 residential district or to a more restrictive zoning classification for an area located on both sides of Longview Drive and Law Road. K. Set Public Hearing for November 5, 1984, to determine the number of certificates of public convenience and necessity for taxicabs in the City. E. Approval of the initial zoning to R10 residential district or to a more restrictive zoning classification for an area located on the east side of Owen Drive between Coronada Parkway and Eldorado Avenue. I. Approval of the initial zoning to R10 residential district or to a more restrictive zoning classification for an area located west of Rosehill Road, southeast of Roses Lake and north of Country Club Drive. Mr. McBryde offered motion for approval of the foregoing two items; seconded by Mrs. Evans and carried, Mr. Dawkins abstaining. C. Approval of the initial zoning of Tract I to R6 residential district; the initial zoning of Tract II to R15 residential district and the initial zoning of Tract III to C1P shopping center district or to more restrictive zoning classifications for an area located on the north side of Owen Drive, on both sides of Cumberland Road. Planner Mitchell presented this item and stated that Planning Board had recommended approval of initial zoning as indicated. There were then questions by the Council on the proposed zoning. There was then some discussion of this zoning. Following the discussion, Mrs. Evans offered motion to approve the foregoing item as recommended; seconded by Mr. Jones and carried unanimously. D. Approval of the initial zoning of Tract I to C3 heavy commercial district; the initial zoning of Tract II to P2 professional district; the initial zoning of Tract III to M2 heavy industrial district or to more restrictive zoning classifications for an area located on the north side of Owen Drive, south of Cumberland Road. Mrs. Evans asked questions of Planner Mitchell concerning Tract III zoning to M2. Planner Mitchell displayed a map showing the proposed zonings and stated that Planning Board recommended approval. There was then a detailed discussion of the zoning and of the permitted uses. Following this discussion, Mr. McBryde offered motion to approve the foregoing as recommended; seconded by Mr. Dawkins and carried, Rev. Johnson voting no. Mr. Wofford then offered motion to instruct the Planning Board to check the rezoning of Tract #111 to P2 and come back to Council with a recommendation; seconded by Mrs. Evans and carried, Mr. McBryde voting no. G. Approval of the initial zoning of Tract I to R10 residential district; the initial zoning of Tract II to PND planned neighborhood district; the initial zoning of Tract III to R15 residential district; the initial zoning of Tract IV to C1P shopping center district; the initial zoning of Tract V to RSA residential district; the initial zoning of Tract VI to P2 professional district or to more restrictive zoning classifications for an area located south of Cliffdale Road, north of Raeford Road, between Buckhead Creek and South McPherson Church Road. Planner Mitchell presented this matter and stated the Planning Board recommended approval of the initial zoning relative to the County zoning. There as then a discussion of the proposed zoning. Following this discussion, Mrs. Evans offered motion for approval of the foregoing as recommended; seconded by Mr. Dawkins and carried unanimously. Mr. Wofford suggested that Council request the Planning Board to check the PND and RS zonings. Mrs. Evans offered motion to instruct the Planning staff to look at the two foregoing zonings and bring back a recommendation to City Council. Motion seconded by Rev. Johnson and carried unanimously. J. Approval of the initial zoning of Tract I to C1P shopping center district; the initial zoning of Tract II to C3 heavy commercial district; the initial zoning of Tract III to P2 professional district; the initial zoning of Tract IV to R6 residential district; the initial zoning of Tract V to RSA residential district; the initial zoning of Tract VI to R5 residential district or to more restrictive zoning classifications for an area located on both sides of Sycamore Dairy Road, south of Skibo Road (U.S. 401 Bypass) and west of the All-American Expressway. Planner Mitchell presented this matter and displayed a map of the area and stated that Planning Board recommended approval. He presented the C1P, C3, P2, R6, RSA, and RS proposed initial zonings for Council's benefit. Following a discussion of this, Mrs. Evans offered motion to approve the foregoing as recommended; seconded by Mr. McBryde and carried, Mr.Dawkins abstaining to vote. Mr. Wofford then offered motion to instruct the Planning staff to check the entire area of initial zoning and bring back a recommendation to City Council; seconded by Rev. Johnson and carried, Mr. Dawkins abstaining to vote. 2. Public Hearings: A. Consideration of a resolution approving Urban Renewal Plan for the Collier Drive Community Development Program 1983-84 Amended Program Year. Adoption of the resolution of approval was recommended. Council recognized Mr. Richard Herrera, Executive Director of the Community Development Department who stated this amended plan was unanimously approved by the Redevelopment Commission and the Planning Board. While conducting a redevelopment project in the Collier Drive area for several years, we have always realized that at some time we would have to address the fact that to possess a site suitable for commercial-industrial revitalization, we would have to acquire that portion of property shown in cross hatch on the map included entitled “Land Acquisition Map" of the redevelopment plan. That time has arrived and in concert with City administration we have come to the conclusion that we need to purchase the 20.75 acres and also work toward applying for an EDA grant to assist in defraying part of the cost of development of the total site. There were neither proponents nor opponents present. Following brief discussion, Mrs. Evans offered motion for adoption of the resolution; seconded by Mr. Jones and carried unanimously. RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL APPROVING URBAN RENEWAL PLAN FOR THE COLLIER DRIVE COMMUNITY DEVELOPMENT PROGRAM 1983-84 AMENDED PROGRAM YEAR. RESOLUTION NO. R1984-117. Councilman Dawkins then recognized his wife and daughter present in the audience and Mayor Hurley welcomed them to the meeting. B. Consideration of a resolution requiring the Paving without Petition and Ordering an Extension of the Sanitary Sewer Collection System and Water Distribution System into Guy Circle, Twin Acres Drive, Hilton Drive, Java Drive, McChoen Drive, Prince Charles Drive, Nato Road, Fargo Drive, Phillies Circle and Little Beaver Drive. Adoption of the resolution was recommended. The City Engineer presented this matter and stated this public hearing had been advertised as required and all property owners notified. Mayor Hurley read the letter enclosed in the packet from the City Manager on coordinating the paving and utilities installations in these streets. There were no proponents present. Mr. Harry McLaughlin, 847 Hilton Drive, was recognized in opposition. He stated his was the only residence not provided with paving and utilities. He stated if such were not provided, he requested that he be de-annexed from the City. The City Manager recalled for Council that this issue had come before them approximately one year ago and was discussed with the developer. City Council chose at that time not to accept the portion of Hilton Drive for dedication where Mr. McLaughlin lives. He stated that Council may consider this matter separately at a later time. There was then a detailed discussion of the matter. Mr. Ernest Limisch, of Rosehill Road, was also recognized in opposition and asked where the utilities lines would run to serve his property. PWC Manager Ray Muench, replied to his question. There was then some discussion of the matter. Mayor Hurley then recognized Mr. Gary Pinette, 3217 Guy Circle, in opposition. Mr. Pinette stated he had filed a petition today requesting amending the resolution. He presented costs for utility hookups and requested several amendments to the resolution for assessments. He requested that the cost not rise. He requested that the street not be widened and that the assessment costs be deferred. Mayor Hurley also recognized Mr. Charles Guy, 3200 Guy Circle, in opposition, who requested that the resolution be set aside for now and additional information be provided to the property owners. He stated he was opposed to the removal of the drainage installed by the State Highway Department. He stated he was not opposed to utilities installation, but he did request the repaving of the present street. There was then some discussion and comments concerning the assessment procedure by the City Attorney. Following further discussion, Mrs. Evans offered motion to pull Guy Circle and Hilton Drive from the resolution and approve the balance and continue this public hearing to the second meeting in November; seconded by Mr. Dawkins and carried unanimously. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT PETITION AND ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA OF AND INTO TWIN ACRES DRIVE, JAVA DRIVE, MCCHORN DRIVE, PRINCE CHARLES DRIVE, NATO ROAD, FARGO DRIVE, PHILLIES CIRCLE AND LITTLE BEAVER DRIVE. RESOLUTION NO. R1984-118. C. Consideration of a Resolution requiring the Paving without Petition and Ordering an Extension of the Sanitary Sewer Collection System into Coffman Street, Dinmont Circle, Eugene Street, Poinciana Lane, Catalina Road, Eldorado Road and Arbor Road. Adoption of the resolution was recommended. The City Engineer presented this matter and stated that it had been advertised and the property owners notified of the public hearing. There were neither proponents nor opponents present. Mr. Wofford offered motion for adoption of the resolution; seconded by Mr. Dawkins and carried unanimously. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT PETITION AND ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA OF AND INTO COFFMAN STREET, DINMONT CIRCLE, EUGENE STREET, POINCIANA LANE, CATALINA ROAD, ELDORADO ROAD AND ARBOR ROAD. RESOLUTION NO. R1984-119. D. Consideration of a Resolution requiring the Paving Without Petition of Fargo Drive. Adoption of the resolution was recommended. The City Engineer presented this matter and stated that it had been advertised and the property owners notified of the public hearing. He stated this section of Fargo Drive is stripped pavement without drainage and there is a considerable drainage problem on the north side of Boone Trail. The City has received some complaints concerning this problem. Recently, the Engineering Department reviewed the conditions and found the problem can be resolved best by including this section of Fargo Drive along with the joint utilities and repaving project that is proposed along Fargo Drive southwardly from Nato Road. The proposed drainage work would require cutting the pavement and a pair of catch basins on each side of Fargo Drive on the north side of Boone Trail. To fully solve the drainage problems, curb and gutters need to be installed which will conform with the existing curb and gutter along Fargo Drive to the north and the proposed street construction with curb and gutters along Fargo Drive south of Nato Road. There were no proponents present. Mayor Hurley recognized Mr. Norman Hawley, of 3303 Boone Trail in opposition. He stated the drainage problem is on Boone Trail across from his property and that he was opposed to paying again for the paving of this section of street. There was then some discussion of this matter. Following this discussion, Mrs. Evans offered motion to adopt the resolution. The motion was lost for lack of a second. Following some further discussion, Council took no action on this matter. Mayor Hurley then declared a five minute break at 9:00 p.m. E. Consideration of a Resolution Ordering an Extension of the Sanitary Sewer Collection System and Water Distribution System into Arbor Road, Hampton Road, Southland Drive, Concord Drive, Sycamore Dairy Road and Longview Drive. Adoption of the resolution was recommended. The City Engineer presented this matter and stated it had been advertised as required, that no paving was involved and that the property owners had been notified of this public hearing. There were neither proponents nor opponents present. Following brief discussion, Mr. Jones offered motion for adoption of the resolution; seconded by Mr. Dawkins and carried unanimously. FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO ARBOR ROAD, HAMPTON ROAD, SOUTHLAND DRIVE, CONCORD DRIVE, SYCAMORE DAIRY ROAD AND LONGVIEW DRIVE. RESOLUTION NO. R1984-120. F. Consideration of Resolution Ordering an Extension of the Sanitary Sewer Collection System into Lone Pine Drive, Cumberland Road, Old McPherson Church Road, Rosehill Road, Country Club Drive, Stacy Weaver Drive, Cooper Road and Owen Drive. Adoption of the resolution was recommended. The City Engineer presented this matter and stated that only sanitary sewer is involved in this matter and that it had been advertised as required and the property owners notified of this public hearing. Mayor Hurley recognized Mr. Edmond Horne, of College Lakes, who asked what direction the sanitary sewer is going and why Lone Pine Drive is not being paved. The City Engineer stated that the State maintains the northern portion of Lone Pine and suggested that a petition for paving be submitted by Mr. Horne to the City. There was no opposition present. Mr. Dawkins then offered motion for adoption of the resolution; seconded by Mr. Wofford and carried unanimously. FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO LONE PINE DRIVE, CUMBERLAND ROAD, OLD MCPHERSON CHURCH ROAD, ROSEHILL ROAD, COUNTRY CLUB DRIVE, STACY WEAVER DRIVE, COOPER ROAD AND OWEN DRIVE. RESOLUTION NO. R1984-121. G. Consideration of a Resolution Ordering an Extension of the Water Distribution System into Southern Avenue and Cooper Road. Adoption of the resolution was recommended. The City Engineer presented this matter and stated this was for the installation of water only, that it had been advertised and the property owners notified of this public hearing. There were neither proponents nor opponents present. Rev. Johnson offered motion for adoption of the resolution; seconded by Mr. McBryde and carried unanimously. FINAL RESOLUTION ORDERING AN EXTENSION OF THE WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO SOUTHERN AVENUE AND COOPER ROAD. RESOLUTION NO. R1984-122. H. Consideration of sale in accordance with the proposed Contract for Sale of Land between James L. Breswitz and the City of Fayetteville and the Urban Renewal Plan for the Adams Court Community Development Program. Adoption of the resolution was recommended. The City Attorney presented this matter and stated that this was the public hearing for sale of the property. He reminded Council that on December 19, 1983, the sale of the Adams Court site was approved to Mr. Breswitz in the sum of $32,800, and pursuant to a contract that required construction of residential units for senior citizens with at least 20% of the units to be occupied by low to moderate income individuals. On March 19, 1984, this matter was deferred at the request of Mr. Breswitz. Mr. Breswitz's attorney by letter dated September 20, 1984, confirmed in writing that Mr. Breswitz is ready to proceed with the purchase of the Adams Court site in accordance with the contract with the City, approved unanimously on December 19, 1983. Due to the length of time, the matter has been readvertised for the public hearing this evening. Since the March meeting, to my knowledge, no one has contacted the City in regard to purchasing this property other than Mr. Breswitz. The City Attorney suggested two corrections to the contract, which he had discussed with Mr. Breswitz. He reiterated the offer is for $32,800. There were no proponents present. Council recognized Mr. Clinton Harris of the Cumberland County Senior Round Table in opposition and who offered comments on the contract provisions. Mr. Breswitz was recognized with comments on the funding for the project. Mr. Dave Kimbell of the Community Development Department was recognized with comments. Mr. Harris was recognized in rebuttal. There was then some discussion by Council. Mr. Breswitz was again recognized with comments. There was then some further discussion. Mr. Wofford then offered motion for adoption of the resolution. The motion was lost for lack of a second. Following some further discussion, the City Attorney suggested amending the contract to monitor the project and the covenants. There was then some additional discussion. Mr. Wofford then offered motion for adoption of the resolution with changes to the contract as suggested by the City Attorney; seconded by Rev. Johnson and carried, Mrs. Evans and Mr. Jones voting no. RESOLUTION AUTHORIZING THE SALE OF PROPERTY - ADAMS COURT. RESOLUTION NO. R1984-123. This completed the public hearings. 3. Public Works Commission Matters: A. Review for approval single bid received from North Carolina Equipment Company for purchase of a tractor-backhoe-loader, with sideshift and extended boom (budget item). Approval was recommended. PWC Chairman Jim Warner presented this matter and stated that the bid by North Carolina Equipment Company in the amount of $27,985.85 was recommended. Mr. McBryde offered motion; seconded by Rev. Johnson for approval of the foregoing as recommended. The motion carried unanimously. B. Review proposal by Pitometer Associates dated September 19, 1984, for engineering study of the City of Fayetteville's water distribution system, at a cost of $78,000. Recommendation was to award the proposal to Pitometer Associates. Mr. Warner also presented this matter and recommended approval. Mrs. Evans offered motion for approval as recommended; seconded by Mr. Dawkins and carried unanimously. C. Preliminary approval for engineering and construction of the following: 1. An eight million gallons daily (8MGD) expansion of the Hoffer Water Plant. 2. Design and construction of alum sludge treatment facilities for treating alum sludge from both Public Works Commission water purification plants. 3. Reinforcement of the raw water pipe header and construction of additional raw water line from the Cape Fear River Raw Water Pumping Station to the offer Water Plant. It was recommended that preliminary approval be given to proceed (contracts for engineering and construction will be brought to City Council for consideration at future meetings). Mr. Warner also presented this matter and requested preliminary approval due to the increased demand for water. Following brief discussion, Mrs. Evans offered motion for approval of the foregoing as recommended; seconded by Mr. Wofford and carried unanimously. Mr. Muench commented on the Guy Circle and Hilton Drive assessments and advised Council that any delay would be disastrous to PWC financing of these projects. Mr. Muench also informed Council that this would be his last meeting with them for PWC due to his upcoming retirement. Mr. Muench was then accorded a vigorous round of applause and a standing ovation from those assembled in the Council Chamber. Mr. Muench and Mr. Warner were then excused from the meeting. The City Attorney was then recognized with added comments on the Adams Court matter. He recommended an additional paragraph to the contract. He also requested that a part of the motion be to rescind the old contract and this was satisfactory with Council. 4. Planning Board Matters: A. Consideration of the initial zoning to R10 residential district or to a more restrictive zoning classification for an area located west of Raleigh Road (U.S. 401 North) and north of McArthur Road, known as College Lakes Subdivision. Planning Board recommended approval. Planner Mitchell presented this matter and stated that a portion of the description had been omitted from the memo, but that he had reviewed this with the City Attorney and R6 zoning was recommended. Mrs. Evans offered motion to follow the recommendation of the Planning Board on this matter; seconded by Mr. McBryde and carried unanimously. B. Reconsideration of Windtree Apartments in an R5A residential district for preliminary and final group development review for an area located on the east side of Tradewinds Drive, south of Cliffdale Road. Planning Board recommended conditional approval. Mr. Mitchell presented this matter and requested that it be deferred due to several conditions being left out of the memo. Mr. Dawkins offered motion to defer this matter to the next regular scheduled meeting of the Council; seconded by Rev. Johnson and carried, Mr. McBryde abstaining. C. Consideration of Stonebridge Development in an R10 residential district for preliminary and final zero lot line development review for an area located on the south side of Levy Street and the east side of Edmonton Road. Planning Board recommended conditional approval. Planner Mitchell presented this matter and outlined it for Council's consideration. Following brief discussion, Mrs. Evans offered motion for approval as recommended; seconded by Mr. Jones. Following some further discussion, Mrs. Evans withdrew her motion and Mr. Jones his second. Mr. Wofford then offered motion to defer this matter until the garbage collection problem is resolved; seconded by Mr. Jones and carried, Mr. McBryde abstaining to vote. 5. Consideration of Bids for Contract Number 05305-84, Resurfacing of various streets-Division One. Award of the contract to Crowell Constructors, Inc., for $109,192.25 was recommended. The City Engineer presented this matter for Council's information. Following brief discussion, Rev. Johnson offered motion; seconded by Mr. McBryde and carried unanimously to award the contract to Crowell Constructors as recommended. 6. Consideration of amendment to Section 22-29 of the Fayetteville City Code (Personnel Ordinance). Adoption of the ordinance was recommended. The City Manager presented this matter and stated the amendment is necessary in order to implement a lateral entry program in the Police Department. The amendment would allow consideration of prior training and experience in establishing a starting rate of pay. This program could be implemented administratively except for the provision in Section 22-29 of the Personnel Ordinance regarding starting salaries. He recommended adoption of the amendment. Mrs. Evans offered motion for adoption of the ordinance; seconded by Mr. McBryde and carried, Mr. Jones voting no. AN ORDINANCE AMENDING CHAPTER 22-PERSONNEL-OF THE FAYETTEVILLE CITY CODE OF ORDINANCES-SALARY STEPS. ORDINANCE NO. S1984-25. 7. Consideration of release of taxes, interest and penalties pursuant to General Statute 105/312(k) for a piece of property located at Lots 13 and 14, Hickman Community Property. Approval was recommended. The City Attorney presented this matter and stated in 1977, several areas along Owen Drive (West Hudson Street at that time) were annexed. Included in these parcels was a piece of property owned by Mr. Buster Hickman. Although copies of the annexation map were sent to all of the departments involved, to include sanitation, police, tax office, Mr. Hickman's property was never picked up by the tax office. Additionally, City services were not provided until recently when after having received a notice to list the property for taxes and a bill for the previous years, he contacted the City and it was made aware that he had not been provided these services. In 1983, the property received a hook-up from PWC and was charged inside City rates at that time. However, this was before the non-listing in the City was discovered. Mr. Hickman's basic request is that since he has not received any City services for the period of time for which he is charged back taxes, that these taxes be released. I have obtained an opinion from the Attorney General that if the requirements of G.S. 105-312(k) were met and a showing of good faith is made, that we can relieve all of the tax. The County Attorney advised me that in his opinion the requirements of the statute have been met. Mr. Hickman no longer owns the property, however, he is the one who has presented the request on behalf of the current owner. Mr. Dawkins then offered motion to approve the foregoing request; seconded by Mrs. Evans and carried unanimously. 8. Consideration of Demolition Ordinance for structure located at 1705 Seabrook Road. Adoption of the ordinance was recommended. Mr. Walter Haire, Assistant Chief Housing Inspector for the Inspection Department was recognized and recommended that the structure be demolished. Several residents were present in the audience and made the same request he stated. The structure is dangerous. Mr. McBryde then offered motion for adoption of the ordinance; seconded by Mr. Wofford. Council then recognized Kim Hunt, Box 36224 for Mrs. Robert Hunt, the owner of the property. She stated that if the loan is approved, they will repair the property. She stated they need more time and Mrs. Hunt also requested an extension to repair the structure. A Mrs. Henderson, an area resident, was recognized and stated the house has been vacant for 5 or 6 years and is in bad shape. A Mrs. Emma Johnson, who lives next door to the house was recognized and stated that she had to have the exterminator for bugs. A Mrs. Miles, an area resident was also recognized and stated the house is a fire hazard. Mr. McBryde then withdrew his motion. Following some further discussion, Rev. Johnson offered motion to give three months to the property owner to bring the house in compliance with the code, provided she secure a permit within ten days and complete the repairs in three months and clean the front and rear yards within five days; motion seconded by Mr. Dawkins and carried unanimously. 9. Consideration of an Ordinance imposing a lien against 302 Oakridge Avenue. Adoption of the ordinance was recommended. Mr. Haire also presented this matter and stated the dwelling was ordered demolished by the Council on October 9, 1978. The dwelling was demolished on September 20, 1984, at a cost of $1,800. On approval by the Council, this ordinance will affect a lien against the real property for the demolition cost incurred. He requested adoption of the ordinance. Mrs. Evans offered motion for adoption of the ordinance at 11:02 p.m.; seconded by Mr. Jones and carried unanimously. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN OF THE CITY OF FAYETTEVILLE AGAINST PROPERTY LOCATED AT 302 OAKRIDGE AVENUE AND OWNED BY MRS. MARY O. FITZGERALD ORDINANCE NO. NS 1984-39. 10. Presentation of proposed City logo by Greg Hathaway. Council recognized Mr. Hathaway, who stated he was the proprietor of Graphic Designs and that he had been requested by Parks and Recreation to design a logo for the City. He displayed the designs of the logo which contained the dogwood theme with the Market House. He stated that the logo would be applicable to stationery, vehicles, signs and decals. Mayor Hurley then extended thanks to Mr. Hathaway for the presentation. Mr. Wofford suggested that Council look at several logos. The City Manager stated that no action was requested on this matter at this time. 11. Award of contract for one (1) Rubber Tired Front-End Loader to Case Power and Equipment Company (the second low bidder) for $53,261. The City Manager presented this matter and stated the low bidder, R. W. Moore Equipment Company, did not meet the required specifications. Therefore, the second low bid is recommended. Mr. McBryde then offered motion to award the bid as recommended; seconded by Mr. Dawkins and carried unanimously. 12. Appointments: A. Nominations to fill one vacancy on the Human Services Commission. Mayor Hurley nominated Karen Darlington. Rev. Johnson nominated Mrs. Barbara Hamilton. B. Appointments to the Advisory Recreation and Parks Commission. Mr. Jones suggested that Mrs. Ronald Foster be considered for a future appointment. Mr. McBryde then offered motion; seconded by Rev. Johnson and carried unanimously to appoint Mr. George Armstrong, Mr. Lyle Hall, Mrs. Louise Jenkins, and Mr. Jesse Kirkland to the Advisory Recreation and Parks Commission for three year terms of office each, said terms to run to October 1987. 13. Delegations: There were none. 14. Administrative Reports: A. Report of statement of taxes from Cumberland County Tax Collector. The City Manager stated the report for the month of September had been received and is to be noted in these minutes. B. Cancel Information Meeting for October 22, 1984. The City Manager stated that the meeting should not be cancelled since the Sign Committee would like to report at this meeting at 7:00 p.m. at City Hall. Rev. Johnson stated that the Economic Development Committee would meet at 8:00 p.m. on the same date, same location, following the information meeting. The City Manager stated that the second meeting in November should be rescheduled to another date due to the Council being absent from the City for the All-America City meeting. It was agreed to reschedule the regular meeting to Tuesday, November 13, 1984. C. The City Manager informed Council that a report on the Employee Health Insurance Program was enclosed in the packet. The City Manager also stated that Mr. Cogswell had drafted legislation to correct the situation we recently discovered regarding pro-ration of special district County taxes when areas are annexed into the City. Since this is a state-wide problem, we are proposing a general rather than local law. We have forwarded a copy to Mr. Fred Baggett, General Counsel for the N. C. League of Municipalities for his review. The City Manager recommended that Council officially request League endorsement of this bill at this time. Mr. McBryde then offered motion to officially request League endorsement of this bill; seconded by Mr. Dawkins and carried unanimously. Mr. Dawkins then offered motion to set the second meeting in November on November 13; seconded by Mr. Wofford and carried unanimously. 15. Matters of Interest to the Council: Mr. Wofford stated he had received a letter from Cape Fear Medical Center and suggested Council support the local cardiac catheterization lab. Mayor Hurley stated that a letter has been written concerning this. Mr. Wofford commented on the recent “must carry" rule on Cablevision and suggested that the City Manager consult with Rice Associates and write a letter to Cablevision to request exemption to the FCC rule and bring the letter back to the Council for approval before being mailed. Mrs. Evans asked Mr. McGugan how much the public auction of City equipment had brought for the City and Mr. McGugan replied $56,662. He stated the motorcycles had brought $1,600. Mayor Hurley then extended thanks to the Police Officers and department heads for being present this evening. Mr. Dawkins then offered motion to enter into Executive Session at 11:35 p.m. to consider a land transaction matter only; seconded by Mr. Jones and carried unanimously. Mayor Hurley then reconvened the Council into Regular Session at 11:40 p.m. the meeting was adjourned upon motion made and duly seconded. SPECIAL MEETING MONDAY, OCTOBER 22, 1984 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER MONDAY, OCTOBER 22, 1984 7:00 P.M. Present: Mayor John W. Hurley Councilmembers Milton Wofford, J. L. Dawkins, Jimmie Jones, Aaron Johnson (arrived at 8:15 pm.) John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Absent: Councilmembers Milo McBryde, Mildred Evans Mayor Hurley called the meeting to order and offered the invocation. On behalf of the City Council, the Mayor wished City Manager Smith a Happy 40th Birthday and provided a rocking chair for his comfort at this meeting. Council first heard a presentation by Joan Allen, Chairman of the Mayor's Blue Ribbon Study Commission on Signs and George Vaughan, Director of the Cumberland County Joint Planning Board that included a review of the proposed Sign Ordinance. Mrs. Allen also introduced members of the Commission who were present for this meeting. Upon motion by Councilmember Wofford, seconded by Councilmember Jones, City Council unanimously voted to authorize the Study Commission to continue their investigation and initiate a zoning ordinance amendment request on behalf of the City Council to the Planning Board. Upon motion by Councilmember Dawkins, seconded by Coucilmember Wofford, the Council voted unanimously to convene into executive session to discuss litigation. Council reconvened into regular session and the City Attorney recommended that in the case of Spell vs. McDaniel, et. al, 84-D6-CIV-3, Mr. Carl A. Barrington, Jr. be retained at $75 per hour to assist in representation of D. K. Dixon, Sr. and that Mr. Larry McGlothlin be retained at $75 per hour to assist in representation of William P. Dalton, Roger T. Holman and William C. Johnson; that in the case of Rodriguez vs. McGuinness, et. al, 84-28-CIV-3, Mr. Carl A. Barrington, Jr. be retained at $75 per hour to assist in representation of D. K. Dixon, Sr., Roger T. Holman and William C. Johnson; and that in the case of Parker vs. Dixon, Jr., 84-33-CIV-3, Mr. Larry McGlothlin be retained at $75 per hour to assist in representation of William P. Dalton, Samuel Sessoms, D. K. Dixon, Sr. and William C. Johnson. Upon motion by Councilmember Wofford, seconded by Councilmember Johnson, the Council voted unanimously to follow the recommendation of the City Attorney. There being no further business, the meeting was adjourned at 9:07 p.m. REGULAR MEETING MONDAY, NOVEMBER 5, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, NOVEMBER 5, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Rev. Aaron Johnson, J. L. Dawkins, Mildred Evans, and Jimmie Jones 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 welcomed everyone present. The invocation was offered by City Attorney, Robert C. Cogswell, Jr., and following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley recognized Fayetteville Youth Council Members: Carol Hudspeth and Elizabeth Kennedy. City Manager offered two corrections to the Consent agenda. Item 10 should be set a public hearing for December 3, 1984 and under Item 15, one additional 24,000 pound GVW Truck Cab and Chassis should be added. Mr. Cogswell requested an Executive Session for a litigation matter only after the Consent agenda. 1. Consent: Mr. Jones pulled Item Q. The City Attorney pulled Item B. Mr. Wofford pulled Items M, N, and K. Mr. Dawkins then offered motion; seconded by Mrs. Evans and carried unanimously to approve all Consent Items except Items B, K, M, N, and Q. The Consent items appear below: A. Approval of minutes of regular meeting of October 15, 1984. C. Approval of a request for a refund of City taxes to Jerry A. Wydra in the amount of $34.43. D. Approval of a request for a refund of City taxes to Walter Tyson in the amount of $23.44. E. Approval of a request for a refund of City taxes to Edna Moody in the amount of $257.70. F. Approval of a request for a refund of City taxes to Maggie Patterson in the amount of $221.52. G. Authorize advertisement of Renewal of Lease between Southern National Bank and the Fayetteville Airport Commission. H. Authorize advertisement of Rental Car Land Lease between Jeff Wilson Associates LTD/DBA Thrifty Rent-A-Car and the Fayetteville Airport Commission. I. Authorize advertisement of Rental Car Land Lease between Thornton and Stefanovich Rentals, Inc., Dollar Rent-A-Car, and the Fayetteville Airport Commission. J. Approval of proposed parking area to be paved for use by Dollar Rent-A-Car and Thrifty Rent-A-Car. L. Set public hearing for December 3, 1984, to consider assessment for the paving of Hedgepeth Street from Southern Avenue to Dead End. RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON HEDGEPETH STREET. RESOLUTION NO. R1984-124. O. Set public hearing for December 3, 1984 on the rezoning from R10 residential district to R6 residential district or to a more restrictive zoning classification for an area located on the west side of Raleigh Road (U.S. 401 North), north of Coronation Drive and south of London Road. P. Approval of the initial zoning to R10 residential district or to a more restrictive zoning classification for an area located on both sides of Rockport Drive, east of Hillard Drive. R. Set public hearing for December 3, 1984, to order paving by petition on Shannon Drive from the northern line of King Shopping Center property to the southern line of Scotty Hills Homes Subdivision. PRELIMINARY RESOLUTION REQUIRING THE PAVING PURSUANT TO PETITION OF SHANNON DRIVE. RESOLUTION NO. R1984-125. S. Award of contract for one 20,000 pound GVW truck with heavy duty leaf/chipper body to Utility Line Equipment, Inc., the low bidder for $20,901. Award of contract for one 24,000 pound GVW truck cab and chassis to Edmac Truck Sales and Service for $14,611.64. T. Award of contract for purchase of nine 25-KV Switching Cabinets to Rigby Electric Supply Company, the low bidder for $60,980. U. Award of contract for purchase of two diesel engine tractor backhoe-front end loader machine to Vause Equipment Company, the low bidder for $34,408.54. B. Approval of minutes and affirmation of action taken at the October 22, 1984, Information Meeting. Mr. McBryde offered motion; seconded by Mr. Wofford and carried unanimously to affirm both actions of the Council at this meeting. Mr. McBryde then offered motion; seconded by Rev. Johnson to approve the minutes of October 22, 1984. Motion carried unanimously. K. Authorize City Manager to execute a Lease between Piedmont Aviation, Inc., and the City of Fayetteville. Mr. Wofford asked several questions concerning this proposed lease and Airport Manager Tom Ray presented and answered all questions put concerning this lease. Following this, Mr. Wofford offered motion; seconded by Mr. Dawkins and carried unanimously to authorize the City Manager to execute this lease. Council next considered Items M and N together. M. Approval of Ordinance establishing a lien at 202 Campbell Avenue. N. Approval of Ordinance establishing a lien at 409 Dick Street. The City Manager presented this matter and offered explanation and Mr. Walter Haire of the Inspection Department offered additional explanation and requested approval. Mr. McBryde then offered motion; seconded by Mrs. Evans and carried unanimously to approve the Ordinances under Items M and N at 7:10 p.m. AN ORDINANCE OF THE CITY COUNCIL IMPOSING A LIEN, CITY OF FAYETTEVILLE, NORTH CAROLINA AGAINST PROPERTY LOCATED AT 202 CAMPBELL AVENUE. ORDINANCE NO. NS1984-40. AN ORDINANCE OF THE CITE COUNCIL IMPOSING A LIEN, CITY OF FAYETTEVILLE, NORTH CAROLINA AGAINST PROPERTY LOCATED AT 409 DICK STREET. ORDINANCE NO. NS1984-41. Q. Approval of First Citizens Bank property in a P2 professional district for preliminary and final subdivision review for an area located on the northwest corner of Raeford Road and Broadfoot Avenue. Planner Al Mitchell presented this matter and stated the Planning Board recommended conditional approval. He read and explained the eight (8) different conditions attached to this matter. There was then a discussion of condition #7 concerning the driveways. Mayor Hurley then stated the Council will hear those persons in the audience interested in this matter. Attorney John Raper was recognized for the developer, and presented information concerning the request. There was then a detailed discussion of the proposed driveway to Olive Road. Attorney Raper was recognized again and displayed maps. Attorney Made Byrd was recognized in opposition to the proposal and requested that Council deny any access to Olive Road. Attorney Pittman Dickey was also recognized in opposition to the access to Olive Road. Mr. Bill Zimmerman, a resident of Raeford Road, was also recognized in opposition. Following lengthy discussion of this matter, Mr. McBryde offered motion to approve the request with the condition that there be no driveway to Olive Roads seconded by Rev. Johnson. Following some further brief discussion, the City Attorney suggested that the motion be amended to read “a five (5) foot no access easement." This amendment was satisfactory to Mr. McBryde and Rev. Johnson and Mayor Hurley called for a vote on the motion and it carried, Mayor Hurley voting no. Rev. Johnson then offered motion; seconded by Mr. McBryde and carried unanimously that Council enter into Executive Session to consider a litigation matter only. Council then reentered the Council Chamber and Mayor Hurley adjourned the Executive Session and reconvened into Regular Session. 2. Public Hearings: A. Consideration of an ordinance amending Section 4.1 of the Fayetteville City Charter, “Conduct of City Elections." It was recommended to adopt the ordinance. The City Attorney presented this matter and stated that this is a change in the wording provision of the Charter regarding elections, but he stated that Council cannot adopt this ordinance at this time. He suggested that it be placed on the agenda for the next meeting. Mr. McBryde then offered motion; seconded by Mr. Dawkins and carried unanimously to place this item on the agenda for the next meeting of the Council for adoption. B. Determination of the number of certificates of public convenience and necessity for taxicabs in the City of Fayetteville for the period beginning January 1 and ending December 31, 1985. It was recommended to approve 110 franchises. The City Taxicab Inspector presented this matter in a memo and stated that after talking to all taxicab franchise holders and also by not receiving any complaints from the citizens for the lack of taxis recommended that the number of franchises remain at 110. There were neither proponents no opponents present. Following brief discussion, Rev. Johnson offered motion; seconded by Mr. Jones and carried unanimously to approve 110 franchises for the City for the calendar year 1985. 3. Planning Board Matters: A. Consideration of the rezoning from R10 residential district to P2 professional district or to a more restrictive zoning classification for an area located west of Cain Road, south of U.S. 401 Bypass. Planner Al Mitchell presented this matter and stated that Planning Board recommended approval. Mr. Dawkins offered motion; seconded by Mr. McBryde to approve the foregoing as recommended. Motion carried, Rev. Johnson voting no. B. Consideration of the rezoning from R10 residential district to P2 professional district or to a more restrictive zoning classification for an area located on the east side of McPherson Church Road, north of Raeford Road and south of Guy Circle. Planning Board recommended approval. Planner Mitchell presented this matter for Council's information. Following brief discussion, Mr. Dawkins offered motion for approval as recommended; seconded by Mr. McBryde. Following some further discussion, Mr. Wofford offered substitute motion to go with the planning staff recommendation and rezone fifty (50) feet back; seconded by Mr. Jones. Mr. David Godwin was recognized and requested approval. Following this, Mayor Hurley called for a vote on the substitute motion and it was as follows. For the motion: Mayor Hurley, Councilmembers Jones, Evans, and Wofford. Against the motion, Councilmembers Dawkins, McBryde and Johnson. The City Attorney ruled that this matter must have a majority vote which it did not and therefore it must come back for a second reading. C. Consideration of the rezoning from C1P shopping center district to C3 heavy commercial district or to a more restrictive zoning classification for an area located at 3703 Bragg Boulevard. Planning Board recommends approval. Planner Mitchell also presented this matter and provided explanation for the Council. Following some discussion of the matter, Mr. Wofford suggested to table or deny the request. Mrs. Evans suggested tabling the matter until the Blue Ribbon Sign Committee could study it. Following some further discussion, Mr. Dawkins offered motion to follow the recommendation of the Planning Board and approve; seconded by Rev. Johnson. Following some further discussion, Mayor Hurley called for a vote on the motion and it was as follows. For the motion: Mayor Hurley, Councilmembers Johnson, Dawkins, and McBryde. Against the motion: Councilmembers Evans, Jones and Wofford. The City Attorney again ruled that there must be a majority vote to pass and that this must also have a second reading. D. Consideration of McCauley and McDonald Investments property in a C1P shopping center district for preliminary and final site plan review for an area located on the northwest corner of Tamarack Drive and Rosehill Road. Planning Board recommended conditional approval. Planner Al Mitchell also presented this matter and offered explanation for Council' s information. Following brief discussion, Mr. McBryde offered motion; seconded by Rev. Johnson to follow the recommendation of the Planning Board and approve this matter. Motion carried unanimously. E. Reconsideration of Windtree Apartments in a R5A residential district for preliminary and final group development review for an area located on the east side of Tradewinds Drive, south of Cliffdale Road. (continued from last meeting) The recommended action was that no action was necessary since the condition had been withdrawn by the developer. Council took no action on this matter. 4. Appearance by Attorney Joe McLeod concerning the proposed extension of Devers Street. Mayor Hurley offered preliminary comments on this matter concerning City Council's previous actions concerning Devers Street. Mr. Wofford offered comment that the Devers Street extension route appeared to be the best way, however, it was not definite with the Council as he remembered it. Attorney Joe McLeod was then recognized with comments in opposition to the Devers Street extension and stated that he represented his clients, Mr. and Mrs. W.H. McKeithan of 2612 Morganton Road, and stated that the extension of this street has the potential of going through the McKeithan property. He stated further the extension of Devers Street through to Morganton Road is not the answer. He exhibited a 500 signature petition in opposition to this route. He requested that City Council not extend Devers Street through to Morganton Road. Council then recognized Attorney Stacy Weaver for Mr. and Mrs. Wick Smith in opposition to the proposed extension. He requested that City Council reconsider this proposed extension. Approximately 40 persons in the audience also stood in opposition to this extension. Following some discussion, Mr. Jones suggested that Council table the matter for now. Mr. Dawkins stated that apparently the solution is worse than the problem. Rev. Johnson stated that the City Engineer had only been asked to study the matter. There were then additional comments by Attorney McLeod. Mr. Wofford stated that the City Council did ask the City Engineer to study this proposed route. Council recognized Mr. Jim Kizer of 2718 Skye Drive in opposition to the Devers Street extension and calling attention to the problem of considerable vehicular traffic on Skye Drive in front of his home. Rev. Johnson then commented that he hoped the Council can find a satisfactory solution to the problem. There was then considerable discussion of this matter. The City Manager offered comments on the subject recalling Council's previous discussions. Mr. Wofford stated that the Council should look for broader solutions. Mr. Walter Williams of 2807 Skye Drive was recognized with comments and suggested that Council close Skye Drive at FTI. Following some further considerable discussion, Mr. Wofford offered motion that Council discontinue exploration of Devers Street extension and direct the City Engineer to look for other solutions. Motion seconded by Rev. Johnson and carried. Mayor Hurley voting no. Mayor Hurley then declared a five minute break. 5. Award of contract for design services for Fayetteville Urban Area Computerized Traffic Signal System and adoption of project ordinance. The recommended action was award of the contract to JHK, Inc. The City Engineer presented this matter and stated that JHK which submitted the highest design fee has the most experienced project manager and broad base design team. This firm has a national reputation specializing in the design of computerized traffic control systems. There is $100,000 budgeted for this project. Since it was the project design teams consensus of opinion that JHK would provide the better services for this project, we recommend that the contract be awarded to this firm and that an additional $8,000 be added to the project budget. Following brief discussion, the City Manager recommended awarding the contract to JHK for $107,774. Mrs. Evans then offered motion to award the contract to JHK as recommended; seconded by Mr. Jones and carried, Mr. McBryde voting no. 6. Consideration of awarding City Contract #08-308-84, Crack Pouring and Over-Banding on Various Streets. The recommendation was to award the contract to Baring Topseal Services, Inc. The City Engineer presented this matter and stated the only bid received was from Baring in the amount of $31,716.53 and recommended approval. Following brief discussion, Mr. Dawkins offered motion; seconded by Mrs. Evans to award the contract to Baring as recommended. Motion carried unanimously. 7. Consideration of awarding City Contract #09-309-84, Resurfacing Various Streets - Division Two. The City Manager presented this matter and recommended that it be readvertised and additional streets added. Following brief discussion, Mrs. Evans offered motion; seconded by Mr. Wofford and carried unanimously to follow the foregoing recommendation of the City Manager and readvertise. 8. Consideration of Plan Review Procedures for Hay-Branson Neighborhood Conservation Area. Approval of the guidelines and procedures was recommended. The City Manager presented this matter and informed Council that in accordance with the memo in their agenda packet, the request came from Mr. Job M. Monaghan, Jr., of Fayetteville Progress. He stated among other things, the plan specifies the City will set forth design guidelines and review procedures for projects to be financed under the low-interest loan program. The purpose of this is to avoid situations where the City and NCNB through the loan program might be providing assistance to projects which are detrimental to the neighborhood or in the case of rehabilitation projects to avoid providing assistance for work which will destroy the historic character of individual houses within the neighborhood. He stated there were several other conditions outlined in the letter. Mr. John Monaghan of Fayetteville Progress was also recognized with comments. Following some discussion Mrs. Evans offered motion to approve the guidelines and procedures as recommended; seconded by Mr. Wofford and carried unanimously. 9. Consideration of contract with Fayetteville Progress, Inc. for consultant services. Award of the contract was recommended. The City Manager presented this matter and stated the proposal covers a number of activities including a major new project which is the development of an overall economic development strategy or plan. In order to accomplish this, it would necessary for Fayetteville Progress to subcontract much of this project. He strongly suggested that the City have the right to approve or disapprove the subcontractor on this project. Fayetteville Progress, Inc. concurs in this provision he stated. The material presented is fairly self-explanatory. I can only add that the relationship between Fayetteville Progress Inc. and the City has been productive and if we are to continue to have a role in economic development activities we need to continue that relationship. Mr. John Monaghan of Fayetteville Progress was again recognized with explanations for Council. There then followed some discussion of the matter. Following some discussion, Mrs. Evans offered motion to award the contract to Fayetteville Progress; seconded by Mr. McBryde. Mr. Mayon Weeks, President of Fayetteville Progress was recognized with comments and requested approval. Following this, Mayor Hurley called for a vote on the motion and it carried unanimously. Mayor Hurley stated that items 10 and 11 would be considered together. 10. Consideration of Demolition Ordinance for structure located at 714 Mechanic Street. Adoption of the ordinance was recommended. 11. Consideration of Demolition Ordinance for structure located at 602 Cumberland Street. Adoption of the ordinance was recommended. Mr. Walter Haire of the City Inspections Department presented these matters and requested adoption of the ordinances. Following brief discussion, Mrs. Evans offered motion for adoption of the ordinances under both items 10 and 11; seconded by Mr. McBryde and carried unanimously. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY LOCATED AT 714 MECHANIC STREET. ORDINANCE NO. NS1984-42. AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO OR TO DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY LOCATED AT 602 CUMBERLAND STREET. ORDINANCE NO. NS1984-43. 12. Consideration of adoption of Budget Ordinance Amendment Change No. 85-4 (budgeting of unexpected revenues from new rental car franchise). Adoption of the ordinance amendment was recommended. The City Manager presented this matter and called Council's attention to the memo from the Airport Manager in the agenda packet and of the Airport Manager's request for approval. Following brief discussion, Mr. McBryde moved for adoption of the budget amendment; seconded by Mr. Dawkins and carried unanimously. 13. Consideration of the sale of six (6) City buses. It was recommended to advertise the offer from Pinellas Suncoast Transit Authority for upset bids. Assistant City Manager Roger Stancil presented this matter and stated that after several months of discussion, we received a letter from the Urban Mass Transportation Administration requiring us to dispose of six (6) buses because of our exceedingly high spare ratio and we have received correspondence from the Pinellas Suncoast Transit Authority offering $40,000 for each of the six (6) buses. We purchased these buses in 1978 at a cost of $89,500. Because of their age and the weak market for the resale of buses that exist today, we believe that this is a reasonable offer. We recommend therefore, that the Council pursue this offer as authorized in GS 160A-269 which provides for a negotiated offer, advertisement, and opportunity for upset bids. We would suggest that Council authorize this procedure upon receipt of the five (5%) percent bid deposit from Pinellas. Following brief discussion, Mrs. Evans offered motion to follow the foregoing recommendation of the staff; seconded by Mr. Wofford and carried unanimously. 14. Consideration of renewal of contract with Furginson Transit Advertising Company. It was recommended to renew the contract. Assistant City Manager Roger Stancil presented this matter and stated that after a staff review of this contract and performance during the past year and discussions with Ms. Furginson, we recommend that the Council authorize the City Manager to execute the agreement with Furginson with some changes. The changes are outlined in the memo in the agenda packet he stated. Among them, we are recommending that the term of the contract be changed from one year to three years. We believe Ms. Furginson has performed well and this would give her more security and planning. Because the contract is to be reviewed annually by the City Manager and because paragraph 11 provides for termination of the contract upon thirty (30) days notice, we believe this extension of time is acceptable. Following brief discussion, Rev. Johnson offered motion to follow the recommendation of staff and approve the renewal of the contract; seconded by Mr. Jones and carried unanimously. 15. Delegations. No person present desired to address Council. 16. Appointments: A. Appointment to fill one vacancy on the Human Services Commission. (2 nominees) There was then a brief discussion of the qualifications of the two nominees and following this, Barbara Hamilton was appointed by the Council to complete the term of office of Catherine McKoy Adams, deceased, said term to run to March 1985. 17. Administrative Reports: A. Discussion of contracting cemetery operations. The City Manager presented this matter and stated that a private cemetery operator has indicated an interest in contracting for operation and maintenance of the City cemeteries. I believe this is worth pursuing and recommend that we send out requests for proposals. This puts under no obligation to accept any proposal. No formal action if required to request proposals, however, I felt that we should discuss it first. This was discussed briefly by City Council and all were in agreement that proposals should be requested as recommended by the City Manager. B. The City Manager commented on the proposed new color for the City police cars. The color was to be Carolina blue and white and the Council had the opportunity to look at one parked on the street beside City Hall before the meeting tonight. The City Manager stated that Chief of Police had also recommended a reduction in the number of police cars needed for the immediate future. This comment was greeted with enthusiasm by the Council members, particularly in view of the number of police cars originally requested. The City Manager stated that without objection from Council he would proceed with the new color combination for the police cars. The City Manager informed Council that the final draft for the Recreation and Parks Master Plan was ready and inquired as to whether they wished to consider this at an Information or Regular Meeting. Several Councilmembers expressed a desire to study the proposal first and then set an information meeting later to discuss it. City Attorney Cogswell was then recognized and asked for Council's action in his representing several police officers in a court case. He stated that in the case of Pirro versus City and others, 84-72-CIV-3, U.S. District Court, Capt. George Moyd and Capt. James Hart made written requests for his representation and he found and Council should find that they were acting in the course and scope of their employment at the time. Council had previously approved their representation but at that time they had not been served and he was not aware of this. Mr. McBryde offered motion; seconded by Rev. Johnson to approve the request of the City Attorney for representation of these persons. Motion carried unanimously. 18. Matters of Interest to the Council: Mrs. Evans requested that regarding the sale of the Adams Court property to James L. Breswitz that tonights' minutes include the statement that she had voted as she did because of the low and moderate income persons. She stated that she wished this statement included in the minutes for clarification of her position in this matter. Rev. Johnson stated that the residents on Ames Street and Bragg Boulevard were having a problem with the parking situation and requested the City Engineer to look into this matter. He suggested no parking signs be installed. He stated there was also a parking problem on Elliotte Street and that parking should be permitted only on one side of the street at this location. The City Engineer was also requested to check this out. Rev. Johnson also commented on writing on the wall on Langdon Street and requested that the appropriate City department check this out. Mr. McBryde informed Council that Councilman Dawkins' wife, Mary Ann, was to be hospitalized on Thursday of this week and requested that she be remembered in everyones' prayers. Mr. Wofford commented on the Cablevision legislation and of the need for everyone to “press on". Mayor Hurley also commented on this matter. Mayor Hurley commented on the excellent North Carolina League of Municipalities meeting held in Winston Salem on October 28-30, 1984. Mayor Hurley offered the suggestion that the Council look at the sidewalk issue again. It was decided that the Policy Committee would study this suggestion and bring back a recommendation to Council. Mr. Dawkins also suggested that the City Engineer look at other than concrete as a construction material for sidewalks. Mayor Hurley then recognized retired Police Capt. James H. Hart present in the audience this evening. Mayor Hurley also recognized Police Chief Ron Hansen present in the audience this evening. Mayor Hurley also recognized Assistant City Manager Suzan Cheek present in the audience this evening. Mayor Hurley then extended thanks to the Police Officer for being present this evening for the Council meeting. Thereafter all matters of business having been completed, Mr. Dawkins ordered motion; duly seconded for adjournment of this meeting at 10:10 p.m. REGULAR MEETING TUESDAY, NOVEMBER 13, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER TUESDAY, NOVEMBER 13, 1984 7:00 P. M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, Aaron Johnson, J. L. Dawkins (7:15 p.m.), Mildred Evans and Jimmie Jones 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 extended a welcome to all persons present in the Council Chamber. The invocation was offered by Rev. Aaron Johnson. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Recognition: Presentation of $1,000 Grant by Carolina Telephone and Telegraph to the City of Fayetteville and The 400th Committee for the Cool Spring Project. Mayor Hurley introduced Mrs. Rosalie Kelly, Chairman of The 400th Committee. Mrs. Kelly in turn introduced Mr. Bill Howell, Business Manager of CT & T. Mr. Howell then presented Mrs. Kelly a check for $1,000 in behalf of CT & T. Mrs. Kelly announced to the audience that this generous donation by CT & T would go toward the restoration of Cool Spring. Mrs. Kelly also recognized archeologist Ken Robinson. Mrs. Kelly then extended heart felt thanks to Mr. Howell and to CT & T and Mr. Howell was then accorded a vigorous round of applause by the audience. Mayor Hurley announced that Councilman Dawkins would be a few moments late. 1. Consent: Rev. Johnson offered motion to adopt the Consent Items; seconded by Mr. McBryde. Mr. Wofford asked if Item 1C had been resolved and the City Attorney replied in the affirmative. Mayor Hurley then called for a vote on the motion and it carried unanimously. The Consent items appear below. A. Approval of Singleton Mobile Home Park in an R6 residential district for preliminary and final mobile home park plan review for an area located south of Bickett Street, north of Karen Lake Road and Oakwood Street. B. Approval of The Manor, Phase II in an R5A residential district for preliminary and final zero lot line development review for an area located on the northwest corner of Bragg Boulevard and Pilot Avenue, south of Bragg Street. C. Approval of Westmont Subdivision in an R6 residential district for preliminary and final zero lot line subdivision review for an area located on the northwest corner of Brookside Avenue and Westmont Drive. D. Set Public Hearing for December 3, 1984, to consider an amendment to Chapter 27 (Subdivision) and Chapter 14 (Garbage, Trash, and Weeds) of the Fayetteville City Code. 2. Public Hearings: A. Consideration of a Resolution requiring the Paving without Petition and Ordering an Extension of the Sanitary Sewer Collection System and Water Distribution System into Guy Circle. (Continued from Council meeting of October 15, 1984). Adoption of the resolution was recommended. The City Manager presented this matter and brought City Council up-to-date from the memo in the agenda packet. (A copy of this memo is attached to the original of these minutes). (A copy of the memo from the City Engineer regarding this matter is also attached to the original of these minutes). Mayor Hurley then opened the public hearing on this matter and asked if there was anyone here in favor and there were none. Mayor Hurley then recognized Mr. Gary Pinette, 3217 Guy Circle, who offered the following comments. He requested that a ceiling be established on the assessments. He stated that PWC had estimated for water and sewer a figure of $8 to $10 per front foot. He stated that the $12 figure is high in his opinion. He requested that City Council adopt the $10 per foot assessment figure. He commented on the discount proposed for the payment of assessments. He requested that 30% be allowed. He commented on the abeyance of the assessments. He requested a ten year abeyance for those property owners not connecting to utilities. He also commented on the basis of the value of the utilities and paving added to the property. He requested an exception for corner lots and also the width proposed for Guy Circle. Councilman Dawkins then entered the meeting at 7:15 p.m. Mayor Hurley then recognized Mr. Charles Guy, a resident of Guy Circle who was recognized with comments. Mr. Guy stated that he was alarmed at the cost of the assessments. He stated he had spoken with a PWC representative concerning these assessments and had been advised of an estimate of $8.00 maximum. Mr. Guy also requested the maximum discount as did Mr. Pinette. Mr. Guy also requested corner lot exclusion. He also requested an abeyance for lots with gardens and lawns. He also requested the petition procedure. He finally requested that Council give all of these matters their consideration. Mayor Hurley then closed the public hearing on this matter. Councilman Dawkins stated that his wife is recovering well from her hospital visit and extends appreciation for the prayers, thoughts, and flowers from everyone concerned. There was then a lengthy discussion by Council of all of the issues concerning this matter. Following this discussion, Mrs. Evans offered motion that we adopt the resolution with a 30% discount for prepayment; seconded by Mr. Wofford. There was then some further discussion and following this, Mayor Hurley called for a vote on the motion and it carried unanimously. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT PETITION AND ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA OF AND INTO GUY CIRCLE. RESOLUTION NO. R1984-126. B. Consideration of a Resolution requiring the Paving without Petition and Ordering an Extension of the Sanitary Sewer Collection System and Water Distribution System into Hilton Drive. (Continued from Council meeting of October 15, 1984). Adoption of the resolution was recommended. The City Manager presented this matter and stated that Mr. Harry McLaughlin of Hilton Drive had appeared in opposition at Council's October 15th meeting on this matter. He stated his opposition was because he had not been included in the extensions. He stated that he would not be getting the same benefits as other residents on the street. The City Engineer presented this matter and displayed a projection. The City Manager also offered comments from his memo. (The City Engineer's memo is attached to the original of these minutes). Mayor Hurley opened the public hearing on this matter and asked if there were those in favor and there were none. Mayor Hurley asked if there was opposition and recognized Mr. Harry G. McLaughlin, 847 Hilton Drive, with comments. Mr. McLaughlin asked about water extensions and stated that he was concerned with drainage since he was on the low side of the street. The City Engineer replied that the developer has submitted plans and that the City will have to negotiate with the property owners concerning this. Mr. McLaughlin stated that he was greatly concerned with the developer tearing up his land and with what the PWC plans are as far as utilities are concerned. Mr. McLaughlin stated he would desire greatly to see a plan for this street. There was then a lengthy discussion by Council of the issues raised by Mr. McLaughlin. The City Manager informed the Council and Mr. McLaughlin that final engineering had not been developed as yet. Council recognized PWC Manager Tim Wood, who offered considerable comment on the utilities proposed. Following this discussion, Mr. Wofford offered motion for adoption of the resolution as recommended; seconded by Mrs. Evans and carried unanimously. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT PETITION AND ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM AND WATER DISTRIBUTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA OF AND INTO HILTON DRIVE. RESOLUTION NO. R1984-126. Mayor Hurley then declared a five minute break. 3. Planning Board Matters: A. Consideration of the rezoning from R10 residential district to P2 professional district or to a more restrictive zoning classification for an area located on the east side of McPherson Church Road, north of Raeford Road and south of Guy Circle. (Second reading). Approval was recommended. The City Attorney stated to Council that since this is a second reading, Council must consider the exact previous motion. If the vote is the same, that is the end of the matter. If the motion is defeated, Council may entertain any other action or send the matter back to the Planning Board. Planning Director George Vaughan was present and stated that the motion was to approve the first fifty (50) feet of the tract and it was defeated. Mr. Wofford then repeated the previous motion on second reading which was to rezone the first fifty (50) feet. Motion seconded by Mr. McBryde. Mayor Hurley then called for a vote on this motion and it was as follows: For the motion; Councilmembers Johnson, Evans and Jones. Against the motion; Mayor Hurley and Councilmembers Dawkins, McBryde and Wofford. Mayor Hurley declared the motion failed. Mr. McBryde then offered motion to rezone the whole tract P2. Motion seconded by Mr. Dawkins. Council then recognized Mr. David Godwin who presented a drawing and commented on the requested rezoning. Following this, Mr. McBryde amended his motion to leave the 35 foot strip shown on the map zone R10. Mayor Hurley called a vote on this motion and it carried unanimously. B. Consideration of the rezoning from C1P shopping center district to C3 heavy commercial district or to a more restrictive zoning classification for an area located at 3703 Bragg Boulevard. (Second reading). Planning Board recommended approval. Mr. Dawkins offered motion to approve the recommendation of the Planning Board and rezone the area. Motion seconded by Mr. McBryde. There was then some discussion of this matter. Mayor Hurley recognized Mr. David Lloyd who stated that this is not spot zoning but a continuation of the C3 zoning. He requested approval. Major Hurley then called for a vote on the motion and it was as follows: For the motion; Mayor Hurley, Councilmembers Dawkins, McBryde and Jones. Against the motion; Councilmembers Johnson, Evans and Wofford. Mayor Hurley declared the motion carried and the area rezoned. C. Consideration of Golden Corral Family Steak House in a C1P shopping center district for preliminary and final site plan addition review for an area located at 3318 Raeford Road. Planning Board recommended denial. Planning Director George Vaughan presented this matter and stated that the Planning Staff and Board recommended denial of the requested variance to provide a front yard setback of 35 feet where 50 feet is required based on the fact that the adjoining lots/diagonal businesses have maintained the required front yard setback of fifty feet along this segment of Raeford Road and that there is other sufficient land area at this site that would accommodate the proposed expansion; furthermore, the applicant did not provide the staff with any written justification for the requested variance. Mr. Wofford then offered motion to adopt the recommendation of the Planning Board and deny the petition; seconded by Mr. Dawkins and carried unanimously. 4. Consideration of an ordinance amending Section 4.1 of the Fayetteville City Charter, “Conduct of City Elections." Adoption of the ordinance was recommended. The City Attorney offered brief comments on this ordinance. Following this, Mrs. Evans offered motion to adopt the ordinance seconded by Mr. Dawkins and carried unanimously. AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL PURSUANT TO GENERAL STATUTE 160A-102, AMENDING SECTION 4.1 OF THE CITY CHARTER, “CONDUCT OF CITY ELECTIONS." ORDINANCE NO. S1984-26. 5. Consideration of adoption of a Resolution and Notice of Intent to Close Beale Street from King Street to Racepath Street and to set a public hearing for December 17, 1984. Adoption of the resolution and setting of the public hearing was recommended. The City Manager presented this matter and stated that the request for the closing of this street was made by Cape Fear Plaza Associates and was for the development of the shopping center in the area. Following brief discussion, Mrs. Evans offered motion to set the public hearing and to adopt the resolution; seconded by Rev. Johnson and carried unanimously. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE BEALE STREET. RESOLUTION NO. R1984-127. 6. Consideration of a contract with Eugene Haas for disposal of leaves and pine straw. It was recommended to authorize the City Manager to negotiate the contract. The City Manager presented this matter and stated that he had received a proposal from Mr. Haas to dispose of all leaves and pine straw collected by City leaf crews on land owned by Arno Sand Company, with whom Mr. Haas has an agreement. There would be no charge to the City. Mr. Haas plans to recycle these leaves in the form of compost for resale. The Sanitation Department has reviewed this site and believes this arrangement would be beneficial to the City. It would eliminate waiting time at the Landfill, reduce the risk of damage to tires and equipment faced at the Landfill, and eliminate the fee of $1.00 per 1,000 pounds of leaves we currently pay at the Landfill. We recommend that the City Council authorize the City Manager to negotiate a contract with Mr. Haas that would provide for this arrangement ensuring that the City has no responsibility for damage to property by our trucks, that we are not responsible for maintenance of the land or access road, and that the contract can be terminated if it is no longer beneficial to the City. Following brief discussion, Mr. Wofford offered motion to authorize the City Manager to negotiate the contract as recommended; seconded by Mr. Jones and carried unanimously. 7. Consideration of final design of the Transit Information Center. Approval of the design was recommended. Assistant City Manager Roger Stancil and Architect Gordon Peebles presented this matter and displayed drawings of the Transit Information Center. The drawings outlined the proposed design of the Center. The drawings also displayed the Center with and without closure. He stated the staff had received input from the Facade Committee of the Revitalization Commission and the Appearance Commission. The staff including the Transit Operations staff feels that a door onto Hay Street is important to the functioning of the building, even though there is a door facing the walkway. It should also be noted that the original building had a door facing Hay Street. It was felt by some members of the Commission that a door facing Hay Street would encourage loitering. The staff feels that having just one access and that being off the walkway, would impede the operational efficiency of the facility and would create an inconvenience for transit patrons, whom the facility is intended to serve. Mr. Stancil stated that there would be a covered mall and that restrooms would be provided. He and Mr. Peebles recommended approval of the design. They stated that there would be prominent displays of historical data for the general public. There was then some discussion of this matter by Council. Following this discussion, Mrs. Evans offered motion to approve the design as recommended; seconded by Rev. Johnson. Following some further discussion, Mayor Hurley then called for a vote on the motion and it carried unanimously. 8. Delegations or individuals wishing to address Council: There were none. 9. Administrative Reports: A. Report on statement of taxes from Cumberland County Tax Collector. The City Manager stated that the statement of taxes collected for the month of October 1984 had been received and should be noted in the minutes of this meeting. B. Report on operation of municipal parking lots. The City Manager provided Council with details concerning this matter from the report contained in the agenda packet. C. The City Manager reported the beginning of bricklaying on the Transit Mall and stated that it was hoped to have sidewalks in and completed by Thanksgiving. 10. Matters of Interest to the City Council: Mr. Jones stated that the proposed sheltered canopy connecting the two Senior Citizens Center Buildings was still opened to the weather and asked about completion of it. Assistant City Manager Roger Stancil replied that the application of funds for this project had been rejected. Mr. Jones requested and Mr. Stancil agreed that the application would be resubmitted. Mr. Jones stated that he had received numerous comments commending the Fayetteville Police Department for their recovery of a good part of the money and goods taken from a firm in east Fayetteville during a recent robbery. Mr. McBryde requested that more notice be given in the future when trash pickup is discontinued on a Friday as was done on Friday, the 9th prior to the Veterans Day holiday. Mr. McBryde inquired also as to whether or not Monday before Christmas would be a holiday for City employees. He stated that he had received numerous inquiries concerning this. The City Manager replied that he also had received inquiries and would make a recommendation concerning it to Council at a later date. Mr. Wofford stated that Mr. Don Clayton had volunteered to serve on the Blue Ribbon Sign Commission representing the public advertisers in the area and requested that Mr. Clayton be considered for appointment. Mr. Wofford stated that he had long talk recently with Mr. Adams on the action taken on his property by Council at the last meeting and asked if City does need the five foot no access easement on Olive Road. He stated Mr. Adams will not put a driveway through to Olive Road and that if the City does not need the access we should give it up. The City Manager suggested that another look would be taken at this location. Mayor Hurley stated that there would be an All-America Cities rehearsal and meeting here in the Council Chamber at 4:00 p.m. tomorrow. He stated that Assistant City Manager Suzan Cheek had prepared an excellent presentation to be given at the San Antonio meeting next week and that there was a good representation from the City planning to attend the meeting. Thereafter, all matters of business having been completed, this regular session was adjourned upon motion made and duly seconded at 9:35 p.m. MEMORANDUM NOVEMBER 7, 1984 November 7, 1984 MEMORANDUM TO: The Mayor and Members of City Council FROM: John P. Smith, City Manager SUBJECT: Assessments At your public hearing on water and sewer installations and street paving in newly annexed areas, the residents of Guy Circle raised several issues regarding our assessment policies. We have met with representatives of Guy Circle and have further defined those issues. Before discussing these issues, it should be clearly understood that whatever is done with regard to Guy Circle or any other street should he applied as a matter of general policy to all pending and future assessments. The issues are as follows: Water/Sewer 1) Deferral of assessments for 10 years or until residents tap on. This is not recommended. It should be remembered that NC is paying for € of the cost of extension and is financing the balance for the property owners. Any additional deferral of payment which lengthens the period of capital replacement will affect the ability of PWC to finance future extensions. 2) Discount for early payment - The law allows up to 30% discount for early or prepayment of assessments. I would recommend that this be considered as a matter of policy for all assessments. 3) Ceiling on assessment per foot - Water and sewer extensions are assessed at 2/3 of actual cost. This means that the property owner will not know until the job is complete how much the assessment will be. I can understand REGULAR MEETING MONDAY, DECEMBER 3, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, DECEMBER 3, 1984 7:00 P.M. Present: Mayor Pro Tem Aaron Johnson Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Mildred Evans, and Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Absent: Mayor Bill Hurley Mayor Pro Tem Aaron Johnson presiding in the absence of Mayor Hurley called the meeting to order. The invocation was offered by the Rev. Norman E. Mitchell, Pastor of Mount Gilead Baptist Church. Following the invocation, Mayor Pro Tem Johnson led the audience in the Pledge of Allegiance to the Flag. Mayor Pro Tem Johnson stated that Mayor Hurley is absent this evening to attend a retirement dinner for Ray Muench, former Manager of PWC. Mayor Pro Tem Johnson extended thanks to the minister and issued a welcome to all this evening. Mayor Pro Tem Johnson recognized members of the Fayetteville Youth Council present in the audience. 1. Consent: Mr. Wofford suggested that the wording in Item N be changed to read “the low bidder meeting specifications". Mr. Wofford then moved, seconded by Mr. McBryde and carried unanimously that Mayor Hurley's absence is an excused absence this evening. Mr. McBryde then offered motion, seconded by Mr. Dawkins and carried unanimously to approve all consent items. The Consent items appear below: A. Approval of minutes of regular meeting of November 5, 1984. B. Approval of minutes of regular meeting of November 13, 1984. C. Approval of a request for refund of City taxes to Sanford Appliance and TV Center, Inc., in the amount of $49.63. D. Approval of Snead zero lot line subdivision and Quincy's Restaurant in a C1P shopping center district for preliminary and final subdivision and site plan review for an area located on the west side of Owen Drive, south of Phillies Circle. E. Adoption of Resolution Directing the City Clerk to Investigate Petitions Received under G.S. 160A-31: 1. Petition from Paragon Investments of Fayetteville Inc. RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31. RESOLUTION NO. R1984-128. F. Set public hearing for January 7, 1985, to consider assessment for the paving of Grady Street from Powell Street to Hamlet Street. RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON GRADY STREET. RESOLUTION NO. R1984-129. G. Set public hearing for January 7, 1986, to consider assessment for the paving of Hamlet Street from Grady Street to Reeves Street. RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON HAMLET STREET. RESOLUTION NO. R1984-130. H. Set public hearing for January 7, 1985, to consider assessment for paving of Grady Street from Hamlet Street to the easternmost corner of Lot 1, Block “F", Plat Book 10, Page 64, C.C.R. and Hamlet Street from Grady Street to the Easternmost corner of Lot 11, Block “D", Plat Book 10, Page 64, C.C.R. RESOLUTION AND ORDER TO FILE AND PUBLISH PRELIMINARY ASSESSMENT ROLL FOR PAVING AND OTHER IMPROVEMENTS ON GRADY STREET AND HAMLET STREET. RESOLUTION NO. R1984-131. I. Award of contract for one glider kit for refuse truck to Carolina Mack Sales, the only bidder for $27,866. J. Approval of Renewal of Lease between Southern National Bank and the Fayetteville Airport Commission. K. Approval of Rental Car Land Lease between Jeff Wilson Associates LTD-DBA Thrifty Rent A Car and the Fayetteville Airport Commission. L. Approval of Rental Car Land Lease between Thornton and Stefanovich Rentals, Inc., Dollar Rent A Car, and the Fayetteville Airport Commission. M. Award of contract for purchase of four one-half ton pickup trucks to LaFayette Ford, the low bidder for $30,738. N. Award of contract for purchase of one 20,000 lb. GVW truck, cab and chassis with Hi-Ranger Aerial Lift Device and Utility Body to Edmac Truck Sales, the low bidder meeting specifications for $39,710.44 2. Public Hearings: A. Consideration of a resolution confirming the assessment roll for paving of Hedgepeth Street from Southern Avenue to Dead End. Adoption of the resolution was recommended. The City Engineer presented this matter and stated that all property owners had been notified of this public hearing and the rate of assessment was $4.00 per foot. There were neither proponents nor opponents present. Mr. Wofford offered motion to adopt the resolution, seconded by Mrs. Evans and carried unanimously at 7:10 p.m. A RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR THE PAVING AND OTHER IMPROVEMENT OF HEDGEPETH STREET. RESOLUTION NO. R1984-132. B. Consideration of a resolution requiring the paving pursuant to petition of Shannon Drive from the northern line of King Shopping Center northerly to the southern line of Scotty Hill Homes, Plat Book 22, Page 14, C.C.R. Adoption of the resolution was recommended. The City Engineer presented this matter and stated that all property owners had been notified of this public hearing and the request for paving was by petition. There were neither proponents nor opponents present. Mr. Wofford offered motion for adoption of the resolution, seconded by Mr. Jones and carried unanimously. FINAL RESOLUTION REQUIRING TEE PAVING OF SHANNON DRIVE. RESOLUTION NO. R1984-133. C. Consideration of the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located on the west side of Raleigh Road (U.S. 401 North), north of Coronation Drive and south of London Road. The Planning Board recommended denial of the petition for rezoning. Planner Al Mitchell presented this matter and stated the Planning Board recommended denial. He stated the petitioner has appealed the recommendation. Council recognized Mr. Greg Floyd, the petitioner in favor, who gave reasons for his request for rezoning. He stated it was for medium density residential development. Attorney Herb Thorpe was recognized for Mr. Floyd, his client and the developer in favor of the rezoning. Mr. Clinton Harris, a local citizen was recognized with comments. Mr. Allen Potter, a resident of Ascot was recognized in opposition and stated that additional traffic would be generated by this rezoning. Mrs. Shawna Botts, another area resident was recognized in opposition and stated there was insufficient play area now for the children in the neighborhood. Mrs. Faye Taylor, another area resident was recognized in opposition. Mr. John Harrington and Mr. Van Mathis were area residents recognized in opposition. Attorney Thorpe was then recognized in rebuttal. Mayor Pro Tem Johnson then declared the public hearing at an end and there was a discussion of the matter by City Council. Following some discussion, Mr. Dawkins offered motion to rezone the area R6, seconded by Mr. Wofford and carried, Mayor Pro Tem Johnson voting no. D. Consideration of an amendment to Chapter 27 (Subdivision) and Chapter 14 (Garbage, Trash and Weeds) of the Fayetteville City Code. Adoption of the ordinances was recommended. The City Manager presented this matter and stated that the Policy Committee had made these recommendations for the amendments and the staff had rewritten some of the recommendations. There were neither proponents nor opponents present. The City Attorney made some recommended changes in both of the ordinances and stated he would make these changes in the final form if approved. Following some discussion, Mr. Wofford offered motion for adoption of both of the ordinances with the modifications as suggested by the City Attorney, seconded by Mr. McBryde and carried unanimously. AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING CHAPTER 27 - SUBDIVISIONS - OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1984-27. AN ORDINANCE OF THE FAYETTEVILLE CITY COUNCIL AMENDING CHAPTER 14 - GARBAGE, TRASH AND WEEDS - OF THE FAYETTEVILLE CITY CODE. ORDINANCE NO. S1984-28. 3. Public Works Commission Matters: A. Consideration of a Resolution authorizing condemnation to acquire certain property of Joe Jenkins and wife, Lucille Jenkins. Adoption of the resolution was recommended. B. Consideration of a Resolution authorizing condemnation to acquire certain property of Grace McTiger, widow; and Phillip L. Rivenbark and wife, Linda H. Rivenbark. Adoption of the resolution was recommended. PWC Manager Tim Wood presented these matters and stated the resolutions would authorize the condemnation for thirty-foot wide easements for sewer purposes. Following brief discussion, Mr. McBryde offered motion, seconded by Mr. Jones and carried unanimously for adoption of both of the resolutions. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF JOE JENKINS AND WIFE LUCILLE JENKINS. RESOLUTION NO. R1984-134. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF GRACE MCTIGER, WIDOW; AND PHILLIP L. RIVENBARK AND WIFE LINDA H. RIVENBARK. RESOLUTION NO. R1984-135. 4. Consideration of revisions to Traffic Schedule Number II - Parking Prohibited: A. On Ames Street. B. On Elliotte Street. C. On Edgewater Drive. Adoption of the ordinances was recommended. The City Engineer presented this matter and stated that at the last meeting, Councilman Johnson cited a traffic congestion and a problem of parked vehicles blocking a private driveway on Ames Street immediately south of Bragg Boulevard. Elliotte Street has a traffic congestion problem due to parking along both sides of the street on the approach to Murchison Road. Following brief discussion, Mrs. Evans offered motion for adoption of the ordinances as recommended, seconded by Mr. Dawkins and carried unanimously. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NO. 11 - PARKING PROHIBITED ON ELLIOTTE STREET AND AMES STREET. ORDINANCE NO. NS1984-44. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NO. 11 - PARKING PROHIBITED ON EDGEWATER DRIVE. ORDINANCE NO. NS1984-45. The City Engineer stated that on North Edgewater Drive, per your request, the ordinance was prepared to prohibit parking along the edge of North Edgewater Drive between North Edgewater Drive and Foxhall Road. This is the area where graffiti has been painted over the pavement and was suggested by Police Chief Hansen to be designated as a no parking area with tow away provisions. 5. Consideration of the purchase of propane dispensing system and approval of Budget Ordinance Amendment 84-5. It was recommended to approve the budget ordinance amendment and award the contract to Pargas, Inc., for $44,878.25. The City Manager presented this matter and stated that when the City entered into the propane fuel conversion program, we took bids for leasing the dispensing equipment along with the supply of fuel. We did not purchase the propane dispensing system since the program was experimental. Our most recent study indicates that the program has been a success not only in reduced fuel costs but also in prolonging the life of vehicles. Owning our own dispensing system would allow for even greater savings by allowing us to shop around for suppliers. He received sufficient funds from the auction of surplus property to go ahead this fiscal year and purchase the equipment and discontinue the lease. Following brief discussion, Mrs. Evans offered motion for approval as recommended, seconded by Mr. McBryde and carried unanimously. 6. Consideration of approval of declaring weapons surplus property and authorizing trade-in. The recommended action was approval. The City Manager presented this matter and stated that Chief Hansen had submitted a copy of the bid tabulations resulting from their request regarding the purchase and trade of various weapons for the Fayetteville Police Department. He requested that approval be granted to accept the net lowest bid of $2,066.00, submitted by Davidson's Law Enforcement Supply and award the purchase and trade of the attached list of weapons to this vendor. A specified amount of $2,100 had previously been budget approved for weapon purchase in our Account No. 11-510-074. The City Manager stated he recommended approval. Following some brief discussion by Council, Mr. Jones offered motion for approval of the foregoing as recommended, seconded by Mr. McBryde and carried unanimously. Mr. Wofford asked if any of the weapons had any historical value. He suggested this possibility and also that the Chief take another look at some of the weapons for this purpose. 7. Approval of sale of surplus buses to Pinellas Suncoast Transit Authority. Approval of the sale and adoption of the resolution was recommended. Assistant City Manager Roger Stancil presented this matter and stated it had been advertised and no upset bids had been submitted. He recommended that the six buses be sold to Pinellas for $40,000 each. He stated that UMTA concurs in the sale price of the buses. The City Attorney suggested that the buses be sold “as is". Following brief discussion, Mr. McBryde offered motion, seconded by Mr. Jones and carried unanimously to approve the sale of the buses as recommended and for adoption of the resolution. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY - SIX GMC BUSES. RESOLUTION NO. R1984-136. 8. Report from Human Services Task Force on “Street People." Council recognized Mr. Richard Herrera, Executive Director of Community Development, who presented this matter. He stated the Human Services Commission had formed a Task Force to study this matter. He stated that problems on the streets existed with money solicitation, the disastrous fire which destroyed the Belk building and numerous break-ins. He stated the Task Force recommends that the City of Fayetteville endorse the Street People Pilot Program. He stated the program will consist of the Salvation Army gym being used to house the homeless from November 1984 through April 1985. The hours will be from 9:30 p.m. to 6:00 a.m. The program will be manned by volunteers. The Acting Director will be Bettie Joe Goodenough and her assistant will be Howard Thomas. The City staff personnel will be available to assist in information preparation and research as needed contingent on staff availability. The Salvation Army has the needed liability insurance coverage. The City of Fayetteville will not be responsible for liability coverage. The above measures are temporary due to the urgency of the program. There was then some discussion of the program and Mrs. Evans extended thanks to Bettie Joe and her committee for this proposal. Mrs. Evans then moved that the City Council endorse the program as requested and recommended, seconded by Mr. Dawkins and carried unanimously. 9. Report on the proposed activities for the observance of Martin Luther King, Jr.'s Birthday and a consideration of submission of grant application for matched funding under the Grassroots Arts Program. Mr. Richard Herrera also presented this matter and stated that the plan was to apply for a matching grant by the Arts Council, but December the 5th is the deadline. He requested the City Council to participate in the amount of $2,000 and that a representative of the City be named agent for the application. He stated in accordance with the City Council request on September 4, 1984, the Human Services Commission appointed a chairperson to head the Martin Luther King, Jr. subcommittee. This committee has a total of 21 members from various areas of the community. The proposed program is in three parts covering a three day period from January 13-15, 1985. The Fayetteville/Cumberland County Ministerial Council has joined with the Human Services Commission in programming for the observance. The basic outline for the program will be: January 13, 1985, FCCMC Program at the College Heights Presbyterian Church; January 14, 1985, Proclamation Presentation at Cross Creek Park, rain site - City Hall Council Chambers (Mayor - City Manager, speakers); January 15, 1985, Gospel Sing at Methodist College. The City Manager then offered comments concerning this proposal and stated that the City does not have money set aside in the budget for this purpose. He suggested that the application be made but that the Human Services Commission attempt to raise funds privately. Mr. Herrera requested that the City Manager be the signatory on the application. Following some discussion of this matter by City Council, Mrs. Evans offered motion that the City Council follow the recommendation of the staff and authorize the City Manager to sign the application for the Grassroots Fund for the Martin Luther King, Jr. Birthday commemoration and give the Human Services Commission authority to raise matching funds. Motion was seconded by Mr. Jones and carried unanimously. The City Manager informed Council that Mr. Walter Haire, of the Inspection Department, had requested that no action be taken on Agenda Items 11 and 12. 10. Consideration of contract for Proposed Services Directed to Managing Capital Projects in the City of Fayetteville, North Carolina. It was recommended to award the contract to Jerry R. Hopper and Associates, Inc. The City Manager presented this matter and stated that over the past three years we have made considerable effort in improving the way in which we plan and manage capital projects. We have made significant progress in project budgeting and eliminated most serious cost over-runs, but we are still having other problems. These problems are compounded by the tremendous commitments the City has made in numbers and types of projects. Present planning is further complicated by our annexation program. The limited availability of capital funds along with the enormous commitments we have, leave little room for error now or in the future. We are experiencing problems in project delays both in design and implementation. The Engineering Department as well as the staff in my office is over loaded with projects and more is coming with annexation, the Prince Charles Hotel, and the Airport. We are handling millions of dollars in grant funds that require special monitoring for compliance with MBE requirements, wage and hour laws. As we draw down on our capital reserves, cash flow becomes crucial. I am becoming concerned that the system is becoming overloaded and very serious problems will develop if we do not begin to take action now. We are currently managing or attempting to manage over 50 capital projects in various stages of design or construction. With these concerns in mind, we began looking around for someone to look at our current management system to determine our needs. Through various sources, we contacted Jerry R. Hopper of Chapel Hill, North Carolina and Thomas C. Schleifer of Morristown, New Jersey. These two have done considerable work mostly in the private sector in bailing out trouble projects. He concluded by requesting that Council award the contract to Jerry R. Hopper and Associates, Inc. He further requested that Council authorize him to negotiate the contract. There was then some discussion of the matter by Council. Following this discussion, Mrs. Evans offered motion to approve the City Manager negotiating with these individuals with a ceiling of $50,000 and giving the City Manager the privilege to cancel the contract at any time. Motion was seconded by Mr. Wofford and carried unanimously. 11. No action. 12. No action. 13. Consideration of Demolition Ordinance for structure located 3305 Morganton Road. Adoption of the ordinance was recommended. Mr. Walter Haire of the Inspections Department presented this matter and requested Council's adoption of the demolition ordinance. He stated that this was the old Huske property just beyond the Fayetteville Academy property. Following brief discussion, Mr. McBryde offered motion, seconded by Mr. Wofford and carried unanimously to 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 A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY LOCATED AT 3305 MORGANTON ROAD. ORDINANCE NO. NS1984-46. 14. Consideration of renewal of lease with Bragg Civilian Federal Credit Union. Approval was recommended. The City Manager presented this matter and stated that this lease was for an area located in City Hall and recommended that the lease be renewed. Following brief discussion, Mrs. Evans offered motion, seconded by Mr. Dawkins for approval of the renewal of the lease as recommended. Motion carried unanimously. 15. Appointments: A. Nomination and appointment to fill one (1) vacancy on the Civil Service Commission. Mr. Paul B. Lewis had resigned. Mrs. Evans nominated Dr. Freddie Woods. Mayor Pro Tem Johnson nominated Mrs. Evelyn Durham. The City Manager stated there was an urgency to this appointment since the Civil Service Commission will meet very shortly and they desire to have a full board. There was then considerable discussion concerning this and the City Manager suggested that an information meeting had been requested for December 10, 1984, by the Recreation and Parks Commission to consider the Recreation and Parks master plan and the foregoing nominations and appointment could be held at the same time. There was then some discussion that one of the nominees may possibly reside outside the corporate limits of the City. Action was then temporarily delayed on this matter. B. Nominations to fill three (3) vacancies on the Fayetteville Appearance Commission. Mrs. Libba Pate, whose term is expiring this month, does not wish re-appointment as she stated in a letter. Mr. Jones nominated Mrs. Wanda Foster. Mayor Pro Tem Johnson nominated Mrs. Geneva Foushee, incumbent. Mrs. Evans nominated Mr. Joe Mac Hatcher, incumbent. C. Nominations to fill one (1) vacancy on the Fayetteville Redevelopment Commission. Mr. McBryde nominated Mr. A. J. Pindle, incumbent. D. Nominations to fill two (2) vacancies on the Fayetteville Historic Properties Commission. Mr. Dawkins nominated Mr. Charles W. Pearson, incumbent. Mayor Pro Tem Johnson nominated Mr. Ed Murphy, incumbent. Mayor Pro Tem Johnson stated the foregoing nominees would be considered at the next regular meeting of the Council. Council then returned to the Civil Service Commission nominees for reconsideration. Mr. McBryde suggested that this matter be voted on at the next regular meeting of the Council on December 17, 1984. 16. Administrative Reports: A. Report on Transit operations for FY 84. The City Manager stated the NC DOT had put its report on transit systems for the year ending June 30, 1984. Fourteen (14) municipal systems are covered in the report, including Fayetteville. Several factors in the report show continuing progress on the part of FAST. He then gave various statistics from his report for Council's consideration. He stated the report is further indication that we have successfully reversed the downward financial trends in transit operations and are on a gradual but steady climb upward. Congratulations are in order to Jerome Brown and ATC for the financial management of FAST. This concluded his report. The City Manager then returned to the information meeting request from Rev. Sandy Saunders on the Recreation and Parks master plan. Mr. Wofford suggested that the Recreation and Parks submit information to the City Council in writing and that the Council consider an information meeting in January. This information meeting was set for January 28, 1985. The City Manager then stated that at the last Council meeting, Mr. McBryde had suggested that Monday before Christmas be given the City employees as a holiday. The City Manager stated that he had considered the matter and in view of the circumstances recommended closing down at noon on Monday, December 24, 1984. He suggested that the Department Heads could grant vacation leave for Monday morning for those employees desiring it. He requested that Council take official action on this matter if they desired to approve it. Mrs. Evans then offered motion to approve closing at 12:00 noon on Monday, December 24, 1984, seconded by Mr. McBryde and carried, Mr. Wofford voting no. The City Manager informed Council that the new Police Attorney, Beryl Wade had started work today. B. Report on status of various annexation petitions. Assistant City Manager Roger Stancil offered this report and stated that Mr. Eugene C. England does not wish to further pursue action on his petition until the staff can prepare its recommended annexation plan for 1985. Mr. C. Thomas Wood, Jr. does not wish to further pursue action on his original petition. Mrs. Betty Bandy said she does not wish to pursue further action this petition pending the staff's recommendation to Council of an annexation plan for 1985. C. Report on status of disaster relief funds for work done for the Town of Red Springs. Assistant City Manager Stancil also presented this report and stated he had written a letter to the North Carolina Division of Emergency Management asking their position on the return of these funds to Red Springs. He had received a reply from Mr. Edwin H. Harris, Jr., the Governor's authorized representative, who stated that the City is encouraged to return funding for volunteer work performed by the City to the Town of Red Springs. The Town will, in turn, not claim these costs during the State audit of their application. Mr. McBryde then offered motion that the City return the money to Red Springs, seconded by Mr. Jones and carried unanimously. 17. Delegations: Council recognized Mr. Donald Fuller of 517 McDaniel Street, concerning his fund request dealing with the Redevelopment Commission and he requested consideration due to conditions beyond his control. He stated that there was some indebtedness against the property and this was recorded as liens. This was an error, he stated. The amount in question was $2,064.95. He requested City Council consideration. 18. Matters of Interest to the City Council: Mr. Jones commented on the width of the sidewalks on Hay Street and stated that they were too narrow. He stated also the canopy at the Senior Citizen Service Center needs repair. Mrs. Evans stated she plans a meeting of the Policy Committee on sidewalks pending receipt of information from the City Manager. Mr. Dawkins raised a question on the contractor for the Hay Street Mall project. Mr. Stancil replied that he had met with the contractor and that the north side sidewalks on Hay Street had been finished and now the south side is being constructed. He stated the 200 and 300 blocks should be finished before Christmas. Mr. McBryde stated that today is his wife's birthday. Mr. Wofford stated that he was downtown Saturday and traffic appeared to be moving smoothly around the Market House. He suggested that Council consider a permanent access to the Market House at one corner of the square. Mr. Wofford stated the Cardinal Health Agency is appearing to be reluctant to approve the Rest Home project by Drs. John Henley and William Clark. He suggested that the Agency be requested to endorse this project since it was sorely needed by the community. Thereafter all matters of business having been completed, this regular session was adjourned at 9:50 p.m. upon motion made and duly seconded. REGULAR MEETING MONDAY, DECEMBER 17, 1984 REGULAR MEETING CITY HALL COUNCIL CHAMBER MONDAY, DECEMBER 17, 1984 7:00 P.M. Present: Mayor Bill Hurley Councilmembers Milton Wofford, Milo McBryde, J. L. Dawkins, Aaron Johnson, Mildred Evans, and Jimmie Jones John P. Smith, City Manager Roger L. Stancil, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Mayor Hurley called the meeting to order. Mayor Hurley stated that on Saturday he had the distinct pleasure and honor of cutting the ribbon on a brand new church and he introduced the pastor of that church for the invocation, the Rev. Melvin Preston, Abney Chapel Seventh Day Adventist Church. Following the invocation, Mayor Hurley led the assembly in the Pledge of Allegiance to the Flag. Mayor Hurley then recognized Mrs. Bettie Joe Goodenough, Chairman of the Human Services Commission, who gave a report on the Street People program activities. Mrs. Goodenough stated that the program was going well and that a lot of needy people were being helped. She extended thanks to the Mayor and Council for their cooperation. Mayor Hurley then thanked Mrs. Goodenough for her interest and activities. Mayor Hurley stated that an Executive Session was needed at the end of this meeting to consider land matters. Mayor Hurley stated the City Manager had suggested pulling Consent Item 1B until after the public hearing on Item 2A. Mr. McBryde requested and received permission to abstain from voting on Items 4A and 10. Mr. Wofford suggested pulling Consent Item 1J. He also suggested giving the public an opportunity to pull Consent Agenda items in which they had an interest. The City Manager stated that on Consent 1J no backup material had been provided and requested that it be withdrawn and considered at the next meeting. This was satisfactory. Mr. Wofford then offered motion for the approval of Consent Items 1A through 1I excluding 1B. Motion seconded by Mr. McBryde and carried unanimously. The Consent Items appear below: 1. Consent: A. Approval of minutes of regular meeting of December 3, 1984. B. Carried over until after Item 2A. C. Approval of the rezoning from R5 residential district to P2 professional district or to a more restrictive zoning classification for an area located at 320, 322, and 324 Cross Creek Street. D. Approval of the rezoning from R10 residential district to R6 residential district or to a more restrictive zoning classification for an area located on the north side of Kenwood Drive, west of U. S. 401 North (Raleigh Road). E. Approval of Tartan Place in an R5A residential district for preliminary and final group development review for an area located on the south side of Treetop Drive, east of Cedarwood Apartment Complex. F. Approval of Davenport Apartments in a P2 professional district for preliminary and final group development review for an area located at 2600 Fort Bragg Road. G. Award of contract for purchase of electric meters for a fifteen month period (January 1, 1985 through March 31, 1986) to Rigby Electric Supply Company, the low bidder for $138,693. H. Authorize advertisement of sale of property abutting St. Luke's Church property on Guthrie Street. I. Set public hearing for January 21, 1985, to consider the paving without petition of Rowan Street from Seaboard System Railroad to Hillsboro Street. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF ROWAN STREET. RESOLUTION R1984-137. J. This item had been withdrawn. 2. Public Hearings: A. Consideration of a Resolution and Order closing Beale Street from King Street to Racepath Street. Adoption of the resolution was recommended. The City Engineer presented this matter and stated that no utility easements were needed at this location. He stated this had been advertised as required. Council recognized Attorney Stacy Weaver, Jr. for Mr. David Swain, the developer. Mr. Weaver stated that all persons had been contacted who would be affected by this closing. He stated that consent had been obtained where necessary. He stated that Mr. Poillon of Pepsi Cola Bottling Company does not object to this closing. He stated that no one would be deprived of ingress or egress due to this street closing. There was no opposition present. Following brief discussion, Mr. McBryde offered motion to adopt the resolution, seconded by Mr. Dawkins and carried unanimously. RESOLUTION AND ORDER CLOSING A PORTION OF BEALE STREET. RESOLUTION NO. R1984-138. 1B. Approval of Cape Fear Plaza Shopping Center in an M2 industrial district for preliminary and final group development review for an area located at the southeast corner of the intersection of Grove Street and N.C. Highway 24. Planner Al Mitchell presented this matter and stated that Planning Board recommended conditional approval as shown in the memo. Following brief discussion, Mr. Wofford offered motion to follow the recommendation of the Planning Board and grant conditional approval to the foregoing, seconded by Mr. Jones and carried unanimously. 3. Public Works Commission Matters: A. Consideration of a Resolution authorizing condemnation to acquire certain property of Ezekial E. Tysor and wife, Fannie S. Tysor. Adoption of the resolution was recommended. PWC Manager Tim Wood presented this matter and stated the tract was for the Rockfish Interceptor. He requested adoption of the resolution. Following brief discussion, Mr. McBryde offered motion for adoption of the resolution of condemnation as requested, seconded by Mr. Jones and carried unanimously. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF EZEKIAL E. TYSOR AND WIFE, FANNIE S. TYSOR. RESOLUTION NO. R1984-139. 4. Planning Board Matters: A. Consideration of Stonebridge Development in an R10 residential district for preliminary and final zero lot line development review for an area located on the south side of Levy Street and the east side of Edmonton Road. Planning Board recommends conditional approval. Planner Al Mitchell presented this matter and stated that the Planning Board recommended approval and that conditions No. 11 and No. 12 have been replaced with alternate provisions as shown in the memo. Following brief discussion, Mrs. Evans offered motion to approve the foregoing conditionally as recommended, seconded by Mr. Dawkins and carried, Mr. McBryde abstaining to vote. B. Consideration of Pinehurst Point in an R6 residential district for preliminary and final zero lot line development revision review for an area located on the east side of Rosehill Road and the north side of Walstone Road. Planning Board recommended conditional approval. Planner Al Mitchell also presented this matter and stated that Planning Board recommends conditional approval and that condition No. 9 be changed as shown on the memo. Following brief discussion, Mr. Wofford offered motion, seconded by Mr. Dawkins for approval of the foregoing as recommended. Motion carried unanimously. 5. Consideration of revisions to Traffic Schedule No. 11 - “Parking Prohibited". The recommended action was adoption of the ordinance. The City Engineer presented this matter and stated that he had received a letter by Mr. E.J. Butler, Division engineer of NC DOT requesting that parking be prohibited along the west side of Poe Street. He cites a hazardous condition for the state construction equipment that utilize Poe Street with parking along both sides of the street. He recommended adopting Mr. Butler's suggestion to prohibit parking along the west side. Mr. Wofford asked the City Engineer who is parking along this street and the City Engineer stated that they were mostly state employees but some others. Following brief discussion, Mrs. Evans offered motion to adopt the ordinance, seconded by Mr. Jones and carried unanimously. AN ORDINANCE OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, SECTION 20-106 OF THE CITY CODE, TRAFFIC SCHEDULE NUMBER Il - “PARKING PROHIBITED" - POE STREET - WEST SIDE. ORDINANCE NO. NS1984-47. 6. Consideration of the Fayetteville Urban Area Parks and Recreation Master Plan. Adoption of the resolution was recommended. The City Manager presented this matter and stated that in the packet Council would find a resolution for adopting the master plan, a memorandum from Jack Wilson regarding implementation and an outline of the proposed strategies for implementing the plan. The implementation strategy is the subject of the information meeting requested by the Parks and Recreation Advisory Commission. The master plan document has been previously provided to you. The first step in implementation of the plan is the adoption of the plan itself by the City Council as the official Parks and Recreation plan of the City. The plan stands on its own and adoption of the plan does not commit the City to any specific action. If the Council is comfortable with the plan based upon the previous presentation and your review of the document, I would recommend adoption of the resolution. Following some discussion, Mr. Dawkins offered motion to approve the plan by the adoption of the resolution, seconded by Mrs. Evans. There were then questions by Mr. Wofford concerning the plan and he expressed reservations concerning the approval of it tonight. There were also comments by Mrs. Evans, Mr. Jones, and Mr. McBryde. Mayor Hurley then called for a vote on the motion and it carried, Mr. Wofford voting no. RESOLUTION OF ADOPTION, PARKS AND RECREATION MASTER PLAN, FAYETTEVILLE URBAN AREA. RESOLUTION NO. R1984-140. 7. Consideration of adoption of Budget Ordinance Change 85-6. (Appropriation of proceeds of sale of FAST buses). Adoption of the budget ordinance change was recommended. The City Manager presented this matter and stated that the sale of these buses had been approved at the last meeting, but that the City may only retain 20% of the proceeds since the federal grant was for 80%. He stated the purpose of the ordinance amendment would be to get the funds into the proper accounts. Following brief discussion, Mr. Jones offered motion to approve the budget ordinance as recommended by the City Manager. Motion seconded by Mr. Wofford and carried unanimously. 8. Adoption of Resolution fixing date of public hearing for January 7, 1985, on the question of annexation pursuant to G.S. 160A-31, as amended. (Petition from Paragon Investments of Fayetteville, Inc.). Adoption of the resolution was recommended. The City Manager presented this matter and stated that the petition had been checked and a certificate of sufficiency submitted. The City Manager stated that this annexation request was by single owner petition. Following brief discussion, Rev. Johnson offered motion to adopt the resolution fixing the date for the public hearing as recommended, seconded by Mr. Dawkins and carried unanimously. RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31, AS AMENDED. RESOLUTION NO. R1984-141. 9. Consideration of disposition of City/County surplus property. The recommendation was that Council note the memorandum of the County Attorney. The City Attorney presented this matter and referred to County Attorney Yarborough's memo. Mr. Cogswell stated he had discussed this matter with Mr. Yarborough and recommended that City Council endorse the County's recommendation and comply with the City Engineer's request for the City's future use as outlined in his memos. Mr. Cogswell stated that Council's approval of this matter will get the property back on the tax books and stated that most of the tracts are tax foreclosures. In his memo, the County Attorney stated there are 13 pieces of property which the City and County jointly own as a result of these tax foreclosure sales. He stated he felt that it is time for us to have a “clearance sale" on surplus City/County property which we have held as a result of tax foreclosures for many years. He stated he proposed to the County Board of Commissioners and hoped that the City Council will adopt a similar stance, that they view this auction as a “absolute auction", i.e., with the intent of selling the property at whatever price is bid on it, with no minimum. Although statutorily, they do have the right to reject any and all bids. If they concur with this philosophy going into the sale, it will facilitate matters and then they can routinely accept, as the County Board of Commissioners will, any bids received in order to get this property out of government ownership and back on the tax books. This is a major departure from our former procedures for selling County surplus tax foreclosed property, but one which the Commissioners, the County Manager and myself feel is necessary to clear out the backlog of property which we have on the books. There was then some discussion of this matter by City Council. Following this discussion, Mrs. Evans offered motion that we approve the disposition of the this City/County surplus property provided “for sale" signs are put on the properties for 30 days and advertised properly in the newspaper. Also, with the exceptions and reservations as requested by the City Engineer. Motion seconded by Mr. Dawkins and carried unanimously. 10. Consideration of amendment of Section 3-25(a) of the Fayetteville City Code. (Extending Sign Moratorium for 90 days). Adoption of the ordinance was recommended. The City Attorney presented this matter and stated that the proposed ordinance was self-explanatory, however, he would answer any questions. He recommended adoption of the ordinance. Following brief discussion, Mrs. Evans offered motion to adopt the ordinance, seconded by Mr. Jones and carried, Mr. McBryde abstaining to vote. AN ORDINANCE AMENDING CHAPTER 3, “ADVERTISING" OF THE FAYETTEVILLE CITY CODE OF ORDINANCES - SIGNS. ORDINANCE NO. S1984-29. 11. Appointments: Upon motion by Mr. Dawkins, seconded by Mr. Wofford and carried unanimously, the following nominees were appointed to the following Commissions. A. Fayetteville Appearance Commission. Mrs. Wanda C. Foster, Mrs. Geneva Foushee, and Mr. Joe Mac Hatcher for two year terms of office, said terms running to December 1986. B. Fayetteville Redevelopment Commission. A. J. Pindle, appointed to a five year term of office, said term running to December 1989. C. Fayetteville Historic Properties Commission. Charles W. Pearson and Ed Murphy, for two year terms of office each, said terms running to December 1986. D. Election to Civil Service Commission. Mayor Hurley stated that two nominations had been made for one vacancy on this Commission. They were Dr. Freddie Woods and Mrs. Evelyn Durham. Mayor Hurley called for a vote and Mrs. Evelyn Durham was appointed to complete the term of office of Mr. Paul Lewis, resigned, said office running to June 1986. There was then a brief discussion of the merger of the City/County School Boards and of its affect on the Civil Service Commission appointments since the City School Board had two appointments. It was suggested that possibly another body should be selected to make these appointments to the Civil Service Commission. The City Attorney was requested to check this out and report back to Council. 12. Delegations: There were no delegations who wished to be recognized. 13. Administrative Reports: A. Report on statement of taxes from Cumberland County Tax Collector. The City Manager stated this report had been received for the month of November 1984 and receipt of it should be reflected in the minutes of this meeting. C. The City Manager skipped to Item C which was to cancel the information meeting for December 24, 1984. Mr. Dawkins offered motion to cancel this information meeting, seconded by Mrs. Evans carried unanimously. B. Report on Street Maintenance Building. The City Manager stated the City Engineer had submitted a detailed memorandum on this matter and that it was enclosed in the agenda packet. The City Engineer stated that he was ready to go with bids for this project and that as stated in the memo it was sorely needed. (A copy of the City Engineer's memo is attached to the original of these minutes). Following brief discussion, Mr. McBryde offered motion for approval of the foregoing site plan, seconded by Rev. Johnson and carried unanimously. 14. Matters of Interest to the City Council: Rev. Johnson requested that he be recognized first and Mayor Hurley did so. Rev. Johnson stated that a happy moment in his life occurred when the City Council appointed him Mayor Pro Tem. He stated due to his recent appointment as Secretary of the North Carolina Department of Corrections by Governor Elect Jim Martin, he finds that he must resign as Mayor Pro Tem effective tonight. The Mayor and City Council accepted Rev. Johnson's resignation as Mayor Pro Tem by unanimous consent and with much regret. Mr. McBryde then requested recognition and Mayor Hurley did so. Mr. McBryde then nominated Councilman J. L. Dawkins as Mayor Pro Tem. Motion was seconded by Mr. Jones and upon being put to vote, carried unanimously.