1998 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA REGULAR MEETING JANUARY 5, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JANUARY 5, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Victor Sharpe, Planning Division Manager Jerome Brown, Transit Manager Tom McNeill, PWC Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press Absent: Mark C. Kendrick (District 6) (excused) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend William E. Clements, Pastor, Victory United Methodist Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced the Character Education Concept for January 1998 was self-discipline. 1. APPROVAL OF AGENDA Mayor Dawkins stated that Councilmember Kendrick was officially excused from this meeting. City Manager Roger Stancil requested to pull Item 2.K, approve increase in schedule of fees for wrecker services because there were some questions and there was no representative present from the Police Department. Mayor Dawkins requested to add as Item 2.K the issuance of a resolution honoring Terry Sanford. Councilmember Cheek requested to add Item 2.L, discussion of setting up a meeting of the City Council's Development Committee. Mayor Pro Tem McBryde moved to change Item 6, a closed session to discuss the acquisition of property, to Item 15 and to approve the agenda as presented, seconded by Councilmember Smith and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. 2. CONSENT: Councilmember Cheek moved to approve the Consent Agenda with the addition of Items 2.K and 2.L, seconded by Councilmember Kizer and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. A. Approve Municipal Agreement with N.C. DOT for Bi-Annual bridge condition survey. COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1998-001. B. Case No. P97-64F. Approve the rezoning from C1 Local Business District to R5 Residential District or to a more restrictive zoning classification for an area located at 247 S. Cool Spring Street. Containing .45 acres more or less and being the property of Jimmie A. Moore as evidenced by deed recorded in Deed Book 4675, Page 40, Cumberland County Registry. C. Case No. P97-65F. Approve the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on Ramsey Street south of McArthur Road. Containing .549 acres more or less and being the property of March F. Riddle as evidenced by map and legal description furnished by the City of Fayetteville, and being scheduled for annexation by the City of Fayetteville, effective December 15, 1997. D. Case No. P97-66F. Approve the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on Raeford Road at Bingham Drive. Containing .41 acres more or less and being the property of ZP No. 15, L.L.C. as evidenced by map and legal description furnished by the City of Fayetteville, and being scheduled for annexation by the City of Fayetteville, effective December 1, 1997. E. Case. No. P97-69F. Approve the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 294, 300, 302 Purdue Drive. Containing 1.43 acres more or less and being the property of Sue Brown Bandy as evidenced by deed recorded in Deed Book 2019, Page 175, Cumberland County Registry. F. Adopt resolution authorizing condemnation of the following parcels for the Fort Bragg Road and Stamper Road Intersection Project: 1. Parcel S-2 A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (FORT BRAGG ROAD WIDENING). RESOLUTION NO. R1998-002. 2. Parcel S-3 A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (FORT BRAGG ROAD WIDENING). RESOLUTION NO. R1998-003. G. Set Public Hearing for February 2, 1998, to consider the paving without petition of the following soil streets: (Bond projects) PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF Betts Drive from Randolph Avenue Northward to Dead End; College Street from Coley Drive Westward to Dead End; Jones Street from Ramsey Street Eastward to Dead End; Lawrence Avenue from Rosehill Road Westward for about 500 ft.; Mimosa Lane from Sherman Drive to Evergreen Drive; Evergreen Drive from Mimosa Lane to Blake Street; Telegraph Circle from Ramsey Street to Dead End. RESOLUTION NO. R1998-004. H. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic for stop and yield controls. (New streets) AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 6 - STOP INTERSECTIONS) ON ABERNATHY DRIVE, BRISTLECONE DRIVE, BROOKSTONE LANE AND WAKE STREET. ORDINANCE NO. NS1998-001. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 14 - YIELD RIGHT-OF-WAY) ON MAZIE LOOP. ORDINANCE NO. NS1998-002. I. Approve award of contracts for Police Administration Building for the following: 1. Data and voice wiring installation award to CT&T d.b.a. Sprint (Fayetteville, NC), in the amount of $91,069.00. Bids were received as follows: Sprint (Fayetteville, NC) $91,069.00 DataNet Services (Greensboro, NC) $114,544.54 Interconnect Product & Services (Wilkesboro, NC) $166,396.00 2. Access control and security system installation award to Access Control Consultants (Greensboro, NC), in the amount of $98,522.00. This firm was the lowest responsible bidder who met specifications in delivery requirements. Bids were received as follows: Access Control Consultants, Inc. (Greensboro, NC) $98,522.00 Gill Security Systems, Inc. $74,727.50 J. Adopt Budget Ordinance Amendment and approve change order to A/E contract for Airport for Taxiway K and Non-licensed roadway design review, construction documents and bidding phase. This ordinance appropriates $46,832 for design, construction document preparation, and bid administration for two projects at the Fayetteville Regional Airport. At the conclusion of every federal budget year, FAA frequently has discretionary funds potentially available for high priority projects contained in approved airport master plans. As is common for the FAA, award of discretionary funds is dependent on actual construction bids. On August 4, 1997, City Council approved the acceptance of a grant offer for these improvements, if available and offered by the FAA. In September 1997, the City solicited bids for the construction of Taxiway K and the Non-licensed Vehicle Roadway. On October 27, 1997, City Council rejected all construction bids because the FAA did not have sufficient discretionary funds to complete the projects. The ordinance appropriates $42,149 in federal funds and $2,341 in State and local funds respectively for the design contract. The Council action was approved as follows: 1. Authorize City Manager or designee to execute change order for Task Order No. 4 to General Agreement with HNTB North Carolina for the design of Non-Licensed Vehicle Roadway for the Airport. The total fees for services through Bid Administration is not to exceed $30,545 for services and not-to-exceed $1,700 for reimbursable expenses. 2. Authorize City Manager or designee to execute change order for Task Order No. 5 to General Agreement with HNTB North Carolina for the design of Taxiway K for the Airport. The total fees for services through Bid Administration is not to exceed $12,887 for services and not-to-exceed $1,700 for reimbursable expenses. K. Issuance of a resolution honoring Terry Sanford. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, HONORING TERRY SANFORD. RESOLUTION NO. R1998-005. L. Setting a meeting for members of the Development Committee of the City Council. It was decided this meeting would be held January 13, 1998. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1998. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1998. 3. PUBLIC HEARINGS: A. Consideration of changes in Fixed Route Transit Services. Mr. Jerome Brown, Transit Director, presented this item. Mr. Brown introduced the new Fixed Transit Service routes and asked the Council to approve the package as presented. This is the advertised public hearing set for this date and time. The public hearing opened at 7:40 p.m. Ms. Ann Crane, a representative of the Developmental Evaluation Center, 1211-A Ireland Drive, Fayetteville, NC, appeared in favor of the route changes. There was no one else present to speak either in favor or opposition and the public hearing closed at 7:41 p.m. A lengthy discussion was held with Councilmembers Fogleman, Smith, and Talbot expressing their concern regarding a request from the County Library that the bus route be extended to include the library. Mr. Jerome Brown stated that a study had been done and neighborhood meetings had been held prior to the draft of the proposed routes. He stated that to extend the routes to the library would not cost so much dollar wise as it would operation wise. The extra service would add an additional 15 minutes to the route and the bus could not make its connections. After further discussion, Mr. Brown stated he would look at the design and work with the consultant. Councilmember Smith moved to accept the route changes, seconded by Councilmember Worthy and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following streets: 1. Ivy Road from Rogers Drive to Lyon Road 2. Lewis Court from Lyon Road to its end 3. Lyon Road from Stamper Road to Edenwood Drive Assistant City Manager Jimmy Teal presented this item and he recommended approval of the speed limit change. This is the advertised public hearing set for this date and time. The public hearing opened at 8:44 p.m. Mr. S.F. Sandy Hall, 1724 Lyon Road, Fayetteville, NC, appeared in favor of the speed reduction. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:46 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS 1998-003. Mayor Pro Tem McBryde moved to adopt the ordinance to be effective January 16, 1998, seconded by Councilmember Kizer and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. Councilmember Worthy requested that a sign be posted in the neighborhood, and Councilmember Massey requested additional police coverage in the area. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. C. Case No. P97-67F. Consideration of an application by Kelly Davenport of SBA, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1) to allow a Tower in an M2 Industrial district for an area located at 508 Hoffer Drive. Containing .25 acres (lease area) more or less and being the property of the City of Fayetteville as evidenced by deed recorded in Deed Book 894, Page 573, Cumberland County Registry. Kathy Kem, of the Planning Division staff presented this item. Ms. Kem stated the property was designated government use in the 2010 Plan and that the Zoning Commission and the Appearance Commission had approved the request for the Special Use Permit. Ms. Kem stated that the staff made no recommendations for Special Use Permits as they are a quasi- judicial proceeding and the Council must base their decision on the Findings of Fact as presented by the applicant. This is the advertised public hearing set for this date and time. The public hearing opened at 7:53 p.m. Mr. Joel Ravitz, 5900 Timbercreek Lane #1305, Raleigh, NC, and Mr. Jerry Eatmon, 2626 Glenwood Avenue, Suite 195, Raleigh, NC, were sworn in by the City Clerk. Both of the parties appeared on behalf of Sprint Communications and requested that the Council approve the Special Use Permit. There was no one else present to speak either in favor or opposition and the public hearing closed at 7:55 p.m. A discussion ensued regarding whether there would be interference with telephone or TV reception, the co-location issue, and the agreement between SprintComm and PWC to co-locate at two water sites. Mayor Pro Tem McBryde moved to approve the Special Use Permit with the following Findings of Fact, seconded by Councilmember Fogleman and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. Findings of Fact are as follows: 1. Such use shall fit in with the character of the area; and 2. Such use is not detrimental to the surrounding neighborhood, including, but not limited to, the items below: a. Commercial/industrial zoned areas: When a tower is constructed and its height is less than three hundred (300) feet, it shall be set back (measured from its base) from adjacent property lines a distance equal to one (1) foot for every two (2) feet of height, but never less than fifty (50) feet. When a tower exceeds three hundred (300) feet in height, it shall be set back (measured from its base) from property/lease lines a distance equal to one (1) foot for every two (2) feet of height, but never less than fifty (50) feet. b. That the tower base be enclosed in a chain link fence with a minimum height of ten (10) feet and such fence to be a minimum of ten (10) feet from the base of the tower. c. That a buffer area twenty-five (25) feet wide be provided around the perimeter of the tower compound to shield all structures, including guide wires or anchors. Such buffer area shall be planted with evergreen trees that will attain a minimum height of twenty-five (25) feet. Such trees to be on a maximum twenty (20) foot spacing. The inner fringe of such buffer area shall have an initial height of at least three (3) feet and be planted with an evergreen hedge that will attain a minimum height of six (6) feet. Such hedge shall be opaque in effect and completely shield any object behind it from view. d. Certification by applicant that the proposed tower will be constructed and operated in accordance with all applicable local, state, and federal laws and ordinances, including, but not limited to, all FCC and FAA rules and guidelines. e. Radio or television or similar reception for adjoining residentially zoned properties will not be disturbed or diminished. f. The height of the tower does not exceed four hundred fifty (450) feet. Where towers are located on buildings/structures, the height of the tower and building/structure combined shall not exceed four hundred fifty (450) feet. g. The use will not be detrimental to the surrounding neighborhood. h. That no tower may be constructed closer than one thousand five hundred (1,500) feet to any other tower. However, concealed towers defined in Section 32-5, Definitions, are exempt. If a variance is needed, the applicant shall appeal to the board of adjustments. I. In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation indicating that the power density levels do not exceed federally approved levels or American National Standards Institute (ANSI) standards, whichever provides the stricter requirements. j. Lighting shall meet or exceed the Federal Aviation Administration (FAA) standards if lighting is required by the FAA. To the extent allowed by the FAA, strobes shall not be used for night time lighting. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements. k. That towers which are not used for a period of six (6) months or more shall be removed by the owner within ninety (90) days of notification to the owner from the respective Department of Inspections. To assure the removal of towers which do not meet requirements for use or maintenance, a statement of financial responsibility to the City Inspections Department, shall be submitted for each tower over seventy-five (75) feet. Removal costs shall be charged to the tower owner. l. The entity/owner seeking approval of the special use permit shall submit every two (2) years a statement signed and sealed by the applicant's engineer and from an outside independent registered and licensed engineer on the sixth year as to the structural soundness of the tower. If a tower is determined not to be structurally sound, the entity receiving approval shall have the burden of any repairs and said repairs must be completed within sixty (60) days. m. That the applicant show willingness to camouflage the tower with the surrounding area, i.e., paint, incorporation into architectural design/structure, or other means. Communication towers and associated equipment which are totally concealed within a building or structure so that they are architecturally indiscernible shall not be considered towers. n. That no outside storage be allowed on site. D. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-initiated contiguous annexation area) (Longview Hills, Section 2, Part 1 - Located south of Longview Drive, east of Carrol Avenue - property of Broadwell Land Company and Luther and Grace Pearsall). City Manager Roger Stancil presented this item. He recommended adoption of the ordinance. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 8:01 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ANNEXATION ORDINANCE NO. 98-01-426. Councilmember Smith moved to adopt the ordinance to be effective January 5, 1998, seconded by Councilmember Milligan and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1998. 4. Consideration of actions related to the December 1, 1997, Council meeting: A. Minutes of regular meeting of December 1, 1997. City Attorney Robert Cogswell presented this item. Mr. Cogswell explained that no motion had been made on excusing Councilmember Kizer from voting on two items at the December 1, 1997, council meeting. He requested the Council approve the minutes of December 1, 1997. Mayor Pro Tem McBryde moved to approve the minutes, seconded by Councilmember Fogleman and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. Councilmember Cheek moved to allow Councilmember Kizer to abstain from voting or discussion on this item, seconded by Mayor Pro Tem McBryde and carried by a vote of 10 to 0 with Councilmember Kendrick excused and Councilmember Kizer abstaining. B. Resolution affirming Resolution No. 1997-110, awarding of contract to R.H. Moore Company, Inc., and recognizing Councilmember Kizer's abstention. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REAFFIRMING RESOLUTION NO. 1997-110, AWARDING CONTRACT TO R.H. MOORE COMPANY, INC. RESOLUTION NO. R1998-006. Councilmember Cheek moved to adopt the resolution, seconded by Councilmember Worthy and carried by a vote of 10 to 0 with Councilmember Kendrick excused and Councilmember Kizer abstaining. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. C. Resolution affirming Resolution No. 1997-111, awarding contract to Colt Contracting, Inc., and recognizing Councilmember Kizer's abstention. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REAFFIRMING RESOLUTION NO. 1997-111, AWARDING CONTRACT TO COLT CONTRACTING, INC. RESOLUTION NO. R1998-007. Councilmember Fogleman moved to adopt the resolution, seconded by Councilmember Worthy and carried by a vote of 10 to 0 with Councilmember Kendrick excused and Councilmember Kizer abstaining. A copy of foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 5. Case No. P97-59F. Consideration of the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 325 N. Eastern Boulevard. Containing .43 acres more or less and being the property of Marion R.D. Hales as evidenced by deed recorded in Deed Book 2267, Page 597, Cumberland County Registry. (Second reading without discussion) Mayor Dawkins reminded the Council that this item had been voted on at the December 15, 1997, meeting and failed due to a lack of a three-fourths majority vote. He called for a vote on the second reading of the motion to rezone. There was no discussion held. The motion carried by a vote of 9 to 2 with Councilmember Fogleman and Councilmember Smith in opposition and Councilmember Kendrick was excused. 6. Consideration of adoption of resolution authorizing condemnation of unacquired parcels for the Airborne and Special Operations Museum. This item was moved to become Item 15. 7. Results of Community Survey conducted by Appearance Commission. Mr. Gordon Johnson, Chairman of the Fayetteville Appearance Commission, presented the report on the Community Appearance Survey. Mr. Johnson stated the report had a response rate of 3.2 percent as compared to one done in Raleigh in 1995 which had a response return of 4.3 percent. The survey reflected that two-thirds of respondents found Fayetteville to be an unattractive City. Mr. Johnson reviewed the demographics of the report. A discussion was held on what steps needed to be implemented to rectify this situation. The Councilmember voiced their support in both making the changes and in backing additional staff. Mr. Johnson stated that the Appearance Commission's tasks for 1998 were to prepare a tree ordinance and to improve the corridors entering into Fayetteville. 8. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, prohibiting parking on Sandhurst Drive in the Cape Fear Valley Medical Center Area. Assistant City Manager Jimmy Teal presented this item. He stated there had been no opposition to this item and he recommended approval of the ordinance. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NO. 11 - PARKING PROHIBITED) ON SANDHURST DRIVE. ORDINANCE NO. NS 1998-004. Councilmember Kizer moved to adopt the ordinance, seconded by Councilmember Worthy. A discussion ensued. Mayor Dawkins called for the vote on the motion and it carried by a vote of 10 to 1, with Councilmember Williams opposed and Councilmember Kendrick excused. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. 9. Consideration of approval of Option Agreements with SprintCom, Inc., for PCS Antenna Sites on Hoffer Drive and Shaw Road Properties. Mr. Tom McNeill of PWC presented this item. He gave the background of the projects as well as future plans for PWC antenna sites. Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Massey and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. 10. Consideration of purchase contract for defibrillation equipment for Fire Department pursuant to sole source allowance in purchasing statutes. City Manager Roger Stancil presented this item. Mr. Stancil stated that it was necessary to use the exemption allowed in N.C.G.S. 143.129 (f)due to the fact this product is the only product of its kind available today and therefore price competition is not available. He recommended the award of the contract in the amount not to exceed $45,000. Councilmember Smith moved to award the contract in the amount not to exceed $45,000, seconded by Councilmember Worthy and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. 11. Consideration of award of contract to audit accounts for Fiscal Year 1997-98. City Manager Roger Stancil presented this item. Mr. Stancil stated the City Council had at least two options concerning the audit contract: 1.) The Council could renew the audit contract with Cherry, Bekaert & Holland because the firm has performed well and at fees that were commensurate with the services rendered; 2.) The Council could release request for proposals to audit firms with no requirement of a "local office" and establish criteria for evaluating the proposals (qualifications, experience, price, importance of factors.) Mr. Stancil explained the premise associated with releasing a request for proposal was that "competition" will generate increased and improved service levels at lower fees. Limiting respondents to only Fayetteville firms will not achieve that objective. Mr. Stancil recommended that the City Council authorize the Mayor to execute the Contract to Audit Accounts with Cherry, Bekaert & Holland for a professional fee amount not to exceed $74,200. The proposed fee reflects a slight increase from last year's $72,000. Mayor Pro Tem McBryde moved to award the contract to Cherry, Bekaert & Holland for one year, seconded by Councilmember Worthy and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. 12. Consideration of items for referral to City-County Liaison Committee. Mayor Dawkins stated he had mailed a letter to Mr. King, Chairman of the County Board of Commissioners, regarding items of mutual concern. 13. APPOINTMENTS: A. Consideration of appointments to the City of Fayetteville Finance Corporation Board of Directors. City Attorney Robert Cogswell presented this item. Mr. Cogswell recommended Mr. Roger L. Stancil, Mr. Kai Nelson, Rev. Cureton Johnson and David Little be appointed to the Board. Mayor Pro Tem McBryde moved to nominate the persons as recommended by the City Attorney, seconded by Councilmember Fogleman and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. B. Consideration of amendments to 22-21(e)(3)b.6. of the City Code adding three members to the Personnel Review Board. City Attorney Robert Cogswell presented this item. He recommended adoption of the ordinance which would allow staggering of terms. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 22-21 9(e)(3)b.6, DISCIPLINARY PROCEDURES, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1998-001. Mayor Pro Tem McBryde moved to adopt the ordinance, seconded by Councilmember Worthy and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1998. C. Fayetteville Appearance Commission - appointment of nominees to fill seven vacancies (six at-large and one landscape category). Mayor Pro Tem McBryde nominated Mr. F. R. Loyd, Jr. (Buzz). Councilmember Williams nominated Mr. Ken Lancaster. Councilmember Fogleman nominated Ms. Linda McAllister. The following appointments were made on the Fayetteville Appearance Commission: 1. Greg Nace was reappointed to a second term in the landscape category. 2. Dr. Emma Green was reappointed to a second at-large term. 3. F.R. Loyd was appointed to first at-large term. 4. Joan Bitterman was appointed to first at-large term. 5. Thomas Davis was appointed to a first at-large term. 6. Culous Hayes was appointed to a first at-large term. 7. Ken Lancaster was appointed to a first at-large term. These terms will expire in December 1999. D. Personnel Review Board - appointment of nominees to fill four vacancies. Councilmember Milligan nominated Ms. Judy Ammons Dorman. Mr. Cogswell explained that two of the terms would be for two years and two would be for one year in order to stagger the expiration dates. The following appointments were made: 1. Judy Ammons Dorman was appointed to a two-year term to expire in December 1999. 2. Mr. Clair L. Hudspeth was appointed to a two-year term to expire in December 1999. 3. Marcia A. Covell was appointed to a full membership (previously was an alternate member) for a one-year term to expire in December 1998. 4. Mr. Marshall Pitts was appointed to a one-year term to expire in December 1998. E. Fayetteville Redevelopment Commission - appointment of nominees to fill two vacancies. The following appointments were made: 1. John M. Monaghan, Jr., was appointed to his first term. 2. Dr. Aaron Johnson was appointed to his first term. F. Fair Housing Board - nominations are needed for attorney and real estate category. Councilmember Talbot nominated Mr. Thomas Daniel for the real estate category. 14. ADMINISTRATIVE REPORTS: A. Report on sale of Public Works Commission Revenue Bonds, Series 1997. B. Report on neighborhood meetings. Councilmember Cheek requested that PWC be included in the neighborhood meetings. 15. Consideration of adoption of resolution authorizing condemnation of unacquired parcels for the Airborne and Special Operations Museum. Councilmember Smith moved to go into closed session for the purpose of discussion of property acquistion, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. The closed session began at 9:55 p.m. The regular session resumed at 10:17 p.m. City Attorney Robert Cogswell recommended the following purchases be made: Parcel Amount 1. AA1160 & CC3643 $105,000 Councilmember Fogleman moved to approve the purchase of the foregoing parcels, in the amount of $105,00 seconded by Councilmember Worthy and carried by a vote of 11 to 0 with Councilmember Kendrick excused. 2. CC3471 $ 16,000 Councilmember Milligan moved to approve the purchase of the foregoing parcel, in the amount of $16,000, seconded by Councilmember Kizer and carried by a vote of 11 to 0 with Councilmember Kendrick excused. 3. BB9390 $ 15,710 Councilmember Haire moved to approve the purchase of the foregoing parcel, in the amount of $15,710, seconded by Councilmember Worthy and carried by a vote of 11 to 0 with Councilmember Kendrick excused. 4. BB0328 $ 12,218 Councilmember Cheek moved to approve the purchase of the foregoing parcel, in the amount of $12,218, seconded by Councilmember Milligan and approve by a vote of 11 to 0 with Councilmember Kendrick excused. RESOLUTION AUTHORIZING THE CONDEMNATION TO ACQUIRE CERTAIN PROPERTY (U.S. ARMY AIRBORNE & SPECIAL OPERATIONS MUSEUM & PARK). RESOLUTION NO. R1998-008. Councilmember Smith moved to adopt the resolution to condemn, seconded by Councilmember Talbot and carried unanimously by a vote of 11 to 0 with Councilmember Kendrick excused. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. INFORMATION ITEMS: 1. Statement of taxes collected for the month of November, 1997, from the Cumberland County Tax Collector. 1997 Taxes $404,477.61 1997 Vehicle Taxes 139,567.47 1997 Revit 681.05 1997 Vehicle Revit 98.99 1997 FVT 18,731.02 1997 Storm Water 79,557.80 1996 Taxes 35,351.84 1996 Vehicle Taxes 26,313.80 1996 Revit 0.75 1996 Vehicle Revit 1.18 1996 FVT 3,460.00 1996 Storm Water 4,086.65 1995 Taxes 5,131.71 1995 Vehicle Taxes 373.86 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 80.00 1995 Storm Water 499.53 1994 Taxes 2,423.95 1994 Vehicle Taxes 93.31 1994 Revit 0.00 1994 Vehicle Revit 0.00 1994 FVT 15.00 1993 And Prior Taxes 787.78 1993 Vehicle Taxes 55.14 1993 And Prior Revit 0.00 1993 & Prior Vehicle Revit 0.00 1993 & Prior FVT 20.00 Interest 7,677.02 Interest (Revit) 0.14 Interest (Storm Water) 483.32 Fayetteville Discount (1.02) Revit. Discount (0.00) Total Collections $729,969.94 2. Report from City Manager on Employee Relations Team. 3. Copy of Mayor's response letter to HUD regarding annual assessment. 4. Copy of response to Councilmember Talbot regarding loitering in the downtown area. 5. Copy of response to Councilmember Haire's request for information on Group Homes. 6. Copy of letter to CSX Transportation regarding railroad crossings (Hay Street and Shaw Mill Road). 7. Draft of minutes for Joint City Council and Planning Commission meeting of December 16, 1997. 8. Letter of commendation for employee of Planning and Development. 9. Copy of 1998 Holiday schedule for City employees. 10. Update of 1997 Street Resurfacing contract. 11. Update of Williams Street paving. 12. FACVB - minutes of November 13, 1997. Councilmember Smith moved to adjourn the meeting, seconded by Mayor Pro Tem McBryde. The meeting adjourned at 10:25 p.m. SPECIAL MEETING JANUARY 12, 1998 FAYETTEVILLE CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBER JANUARY 12, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE Mayor Dawkins called the meeting to order. Councilmember Haire delivered the invocation, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins welcomed Councilmember Kendrick back to the Council meeting. Councilmember Fogleman made a motion to relocate the meeting to the Lafayette Room, First Floor, City Hall, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. The Council moved to the Lafayette Room. Mayor Dawkins announced the Character Education Concept for January 1998 was self-discipline. 1. APPROVAL OF AGENDA Councilmember Kendrick moved to approve the agenda, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. 2. Discussion regarding City Council Retreat with Facilitator, Dick McMahon. City Manager Roger Stancil presented this item. Mr. Stancil introduced Mr. Dick McMahon. Mr. McMahon stated that he would be contracting with the Council for the facilitation of their annual retreat. He explained that his role as a facilitator would be to help the Council achieve whatever they wanted to do on their retreat by focusing on the process and the context of the discussion. Mr. McMahon stated the focus would be on a series of principles that would create valid information to help the Council make informed decisions. He requested the Council to define what they would like to achieve at this retreat. After a lengthy discussion, the concensus of the Council was they would like to work on goal-setting to include a vision for the City of Fayetteville and to work on communicating with and understanding each other. Mr. McMahon suggested that each councilmember do a list of priorities and that all the lists be combined for the purpose of showing similarities in everyone's goals. The goals could then be combined and rated. City Manager Roger Stancil requested the Council to define their goals and visions and to give management a process to use for ongoing communication. Mr. McMahon stated the fee would be $500.00 a day for his services and in return he would give a guaranteed contract. After further discussion, Mayor Pro Tem McBryde moved to hold the City Council retreat at the Airport on January 23, 1998 at 3:00 p.m., seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. 3. Presentation by City Manager: Update on 1997-98 City Council goals and critical issues. City Manager Roger Stancil presented this item. Mr. Stancil gave an update on mid-management's focus teams as follows: 1. Economic Development Focus Group; 2. Customer Service Focus Group; 3. Infra-structure Planning Team; and 4. Neighborhood Quality and Appearance Group. Mr. Stancil also gave an update on the long-term challenges which the staff had encountered during the past year. He explained the accomplishments which had been made as well as the tasks which remain to be done. The following issues were reviewed: 1. Center City Development; 2. Public Transportation; 3. Managing City Utilities; 4. Solid Waste; 5. Annexation; 6. Capital Improvement Planning; 7. City Infra-structure; 8. Employee Concerns. As requested by Council, Mr. Kai Nelson, Finance Director and City Manager Roger Stancil made a presentation on the Debt Service Plan and they gave the Council an overview of the budget process. Mr. Nelson explained that the Council's policy has been to reserve 16 1/2 percent of the tax rate for repayment of principal and interest on general obligations, long-term finance agreements, and notes payable. He reviewed the process of bond referendums and stated the City's strategy for bond sales for long term capital projects was to hold them every other year (1995, 1997, 1999) with the first principal payment being deferred for two years. Mr. Nelson explained the 1994 bond referendum principal payment was now due and as indicated in the 1994 literature there could be a tax increase of four cents per $100.00 value. However, after reviewing the City's financial status, it was his opinion that tax increase might be three cents rather than four cents. Discussion was held regarding the upcoming budget, the City and County tax base, the tax rates, and other pertinent financial information the Council needed to prepare for both the retreat and upcoming budget process. 4. Evaluation of City Attorney. Councilmember Kendrick moved to go into closed session, seconded by Councilmember Milligan and carried unanimously by a show of hands. The closed session began at 9:38 p.m., for the purpose of evaluation of the City Attorney. The meeting resumed and Mayor Pro Tem McBryde moved to come out of the closed session, seconded by Councilmember Milligan and carried unanimously by a vote of 12 to 0. No action was taken. Councilmember Fogleman moved to adjourn the meeting, seconded by Councilmember Haire and carried unanimously by a vote of 12 to 0. INFORMATION ITEMS: 1. Memo from Finance Director regarding collection rates. REGULAR MEETING JANUARY 20, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JANUARY 20, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Robert A. Massey, Jr. (District 3) Others Present: Roger L. Stancil, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Victor Sharpe, Planning Division Manager Jerome Brown, Transit Manager Tom McNeill, Property Acquisition, PWC M. J. Noland, PWC Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend William Evans, Associate Pastor of Friendship Baptist Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced the Character Education Concept for January 1998 was self-discipline. 1. APPROVAL OF AGENDA City Attorney Robert Cogswell stated that Councilmember Kizer would need to abstain from voting or discussion of Items 5 and 6 and that a motion would be necessary to excuse him. Councilmember Kendrick moved that Councilmember Kizer abstain from discussion of Items 5 and 6, seconded by Councilmember Talbot and carried unanimously by a vote of 10 to 0 with Councilmember Massey absent and Councilmember Kizer abstaining. Councilmember Kendrick moved to excuse Councilmember Massey from the meeting, seconded by Councilmember Cheek and carried unanimously by a vote of 11 to 0. Mayor Pro Tem McBryde moved to delete Item 5, consideration of request to address City Council from Philip F. Flynn and Jack Tuohey regarding proposed annexation of Area 3-A, from the agenda, seconded by Councilmember Fogleman and carried by a vote of 9 to 1 with Councilmember Talbot in opposition, Councilmember Massey excused, and Councilmember Kizer abstaining. Councilmember Cheek requested that Mr. Cogswell restate the legality of this issue. Mr. Cogswell stated that because there had been a public hearing on this annexation, it was his opinion that if you allow one person to speak, others should be allowed to speak because of the public hearing requirement. Mr. Cogswell stated this is a due process as well as equal protection issue that does not arise in a non-public context. He recommended this request be denied unless the Council planned to reschedule another public hearing which would require mailing of notices to all owners in the subject area and a full page legal advertisement twice. Councilmember Kendrick requested to pull Item 8, consideration of agreement with N.C. DOT for construction of noise wall adjacent to the Westwood Subdivision at the Cliffdale Road Interchange, and for this item to come back for discussion in two weeks. Councilmember Kendrick moved to approve the agenda with the exceptions of Items 5 and 8, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 11 to 0 with Councilmember Massey excused. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Williams requested to pull Item 2.E. Councilmember Cheek moved to approve the agenda with the exception of Item 2.E, seconded by Councilmember Milligan and carried unanimously by a vote of 11 to 0 with Councilmember Massey excused. The following items were unanimously approved: A. Approve minutes of regular meeting of December 15, 1997. B. Approve minutes of regular meeting of January 5, 1998. C. Approve tax refunds over $100. Name Year Basis Amount Goldschmidt, Mark Robert 1995 Military Non-Resident $274.95 1996 Thompson, Russell E. 1997 Building Burned 11/96 243.18 Suitt, John Edward, Jr. 1996 Military Non-Resident 122.99 Total $641.12 D. Approve referral to Streets and Roads Committee the proposed removal of designated truck route on Murchison Road. E. Pulled by Councilmember Williams. F. Approve increase in Schedule of Fees for wrecker services. The following increases were approved: Current Fee Requested Increase Normal Day Call $55.00 $65.00 Normal Night Call $65.00 $75.00 Outside Storage $5.00 a day $7.00 a day Inside Storage $6.00 a day $10.00 a day G. Approve award of contract to dismantle the Person Street Elevated Storage Tank to Pittsburg Tank and Tower Company, Inc. (Henderson, KY), low bidder, in the amount of $79,310.00.(PWC) Bids were received as follows: Pittsburg Tank & Tower Co., Inc. (Henderson, KY) $79,310.00 D.H. Griffin Wrecking Co. (Greensboro, NC) $83,000.00 R.E. McLean Tank Co., Inc. (Lowell, NC) $134,200.00 Jones Grading & Fencing, Inc. (Charlotte, NC) $219,000.00 Iseler Demolition, Inc. (Warren, MI) $286,600.00 H. Approve Memorandum of Lease between PWC and Charles Anthony Allen, IV, and wife, Cindy Marie Allen, which sets forth the beginning date of the term of the lease agreement for the Bell South Tower located at the Raleigh Road Electrical Substation. (PWC) I. Approve Cypress Lakes Water and Sanitary Sewer Participation Agreement between Tom Prewitt, Alfred N. Prewitt and wife, Merle R. Prewitt, Birchwood Water Corporation, Birchwood Farms, Inc., and the City of Fayetteville, acting through its Public Works Commission. (PWC) E. Authorize advertisement of intent to award purchase contract (at next regular meeting) for one each loader/backhoe using piggyback clause in N.C.G.S. 143-129, in the amount of $54,546.00. Councilmember Williams asked for more information on this item. City Manager Roger Stancil stated the backhoe was to replace a 1987 backhoe. He explained that two backhoes had previously been purchased with one replacing a 1984 model and one as a new initiative for Storm Water Creek Cleaning. Mr. Stancil stated that the three backhoes had been previously approved by the Council. Councilmember Smith moved to approve the contract, seconded by Councilmember Kizer and carried unanimously by a vote of 11 to 0 with Councilmember Massey excused. 3. Consideration of adoption of resolution to accept an upset bid for sale of City property known as Circle Court Play Area. Assistant City Manager Jimmy Teal presented this item. Mr. Teal requested the bid for Haymount Free Will Baptist Church be accepted. RESOLUTION ACCEPTING A BID TO PURCHASE CITY PROPERTY-CIRCLE COURT PLAY AREA. RESOLUTION NO. R1998-009. Councilmember Worthy moved to adopt the resolution, seconded by Councilmember Haire and carried unanimously by a vote of 11 to 0 with Councilmember Massey excused. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 4. Consideration of award of contract for construction of the Rayconda Sanitary Sewer Outfall to Monroe Roadways, Inc. (New York, NY), low alternate bid, in the amount of $1,005,796.51. (PWC) Mr. M. J. Mick Noland presented this item. Councilmember Kizer inquired about the difference between the base bid and the bid being approved which was the base bid plus the alternative bid. Mr. Noland explained that the alternative bid took the sewer lines across Raeford Road and it had been decided that this would be the best approach. Bids were received as follows: Total Base Bid Total Alternate Marlboro Constructors $979,340.54 $1,188,389.58 R.H. Moore Co. $1,295,488.71 $1,472,248.13 ES & J Construction Co. $988,675.28 $1,172,351.39 Monroe Roadways, Inc. $842,615.64 $1,005,796.51 Autry Grading, Inc. $1,018,927.20 $1,224,651.00 Bryant Electric Co., Inc. $1,073,856.25 $1,305,762.76 Dellinger, Inc. $1,150,871.72 $1,374,923.66 Councilmember Kizer moved to approve, seconded by Councilmember Fogleman and carried by a unanimous vote of 11 to 0 with Councilmember Massey excused. 5. Consideration of request to address City Council from Philip F. Flynn and Jack Tuohey regarding proposed annexation of Area 3-A. This item was removed from the agenda. 6. Consideration of adoption of the following issues related to annexation of Area 3-A.: City Manager Roger Stancil gave a history of the City's annexation plan which had been adopted by the Fayetteville City Council on May 24, 1993. Mr. Stancil presented a review of the steps which had been taken since the Council's action authorizing consideration of Area 3-A on September 2, 1997, the dates of the public meetings, the Area 3-A demographics, the septic tank's incidents, and the financial summary. A. Consideration of request from John Shaw to remove certain parcels from the area proposed for annexation in the Resolution of Intent adopted September 29, 1997. City Manager Roger Stancil presented this item. He recommended including Mr. Shaw's property in the annexation because without extra-territorial planning jurisdiction, the City would be unable to control development in this area if it is not annexed before development begins. Mr. Stancil stated that historically Council has agreed to honor requests by owners that their undeveloped properties be excepted from the annexed areas. Councilmember Worthy moved that the Shaw property not be excluded from Area 3-A, seconded by Councilmember Haire. Mayor Pro Tem McBryde expressed his opposition because of the precedent of excluding rural properties upon request. Mayor Dawkins called for a vote on the motion and the motion carried by a vote of 8 to 2 with Mayor Pro Tem McBryde and Councilmember Fogleman in opposition, Councilmember Kizer abstaining, and Councilmember Massey excused. B. Consideration of approval of amendment to Annexation Report for Area 3-A. City Manager Roger Stancil presented the following amendments to the annexation report for Area 3-A: CITY OF FAYETTEVILLE, N. C. ANNEXATION REPORT FOR AREA 3-A TABLE OF CONTENTS PAGE Introduction 1 Section A - Statement Showing That the Area Meets Statutory Standards and Maps 3 of the Area Statement Showing That Area 3-A Meets the Requirements of 3 G.S. 160A-48 Map 1 - Map Showing the Present and Proposed Municipal Boundaries 5 Map 2 - Map Showing Subareas of Area 3-A 7 Map 3 - Map Showing the General Land Use Pattern in Area 3-A 9 Map 4 - Map Showing Present and Proposed Major Trunk Water Mains, 11 If Any, Bearing the Seal of a Registered Engineer* Map 5 - Map Showing Present and Proposed Major Sewer Interceptors 13 and Outfalls, If Any, Bearing the Seal of a Registered Engineer* Section B - Plans for Extending City Services to the Area Proposed to Be Annexed 15 and the Methods of Implementation and Financing* Section C - Information Regarding Rural Fire Department Impact Statement 25 Letter From Bonnie Doone Fire Department 27 Appendix A - Data About Area 3-A Table 1 - Summary Data About Area 3-AA-3 A-1 Table 2 - Detailed Data About Subarea 209 (Bonnie Doone) A-5 Table 3 - Detailed Data About Subarea 207 (Cottonade, Ponderosa, A-7 and Horseshoe Road) Table 4 - Detailed Data About Subarea 210 (Summer Hill, Fillyaw A-9 Road, and Four Seasons) Appendix B - Legal Description for Area 3-A B-1 *=Amended Regarding Water and Sewer Service Page 004 Text Amendment A1. Map 4 has been amended, to delete a proposed major water line and to make technical corrections. Text Amendment A2. Map 5 has been amended, to reflect valid sewer petitions. It is now larger. Page 022 Text Amendment B1. Based on City Council consideration of the ordinance at its meeting on January 20, 1998, a request was "timely made" if it was received by the City Clerk by December 21, 1997. No petition requests were received by the City Clerk after November 14, 1997. Page 023 (Text Amendment B2.) Water Service. Amendment deletes last three sentences of first paragraph. Text Amendment B3. Amendments to Map 4. It has been necessary to amend Map 4 in two ways. (The City staff made these amendments, using GIS. After the amendments, the size of the map stayed the same size (8 1/2" x 11") as the original Map 4.) The two amendments are discussed below. 1. The first amendment to Map 4 was to delete a proposed major water line to be extended along Bragg Boulevard from just north of the Santa Fe Drive/Shaw Road intersection to the Fort Bragg boundary. A major water line is not necessary to serve this area. 2. The second amendment to Map 4 was to delete two sections of present major water lines which were shown incorrectly on the original Map 4 as being located in the All-American Freeway, north and south of Santa Fe Drive. These lines do not exist. Text Amendment B4. Amendments to Map 5. It has been necessary to amend Map 5, in order to reflect and accomodate requests for the extension of sewer lines to individual lots. (The PWC staff made these amendments, using GIS. Because of the additional information which needed to be shown on the amended Map 5, it was necessary to increase the size of the map from 8 1/2" x 11" to approximately 36" x 46".) There were a total of 136 properties for which sewer petitions were timely made. However, seven of the petitions were determined to be invalid. (Four petitions were invalid because they were from property owners whose property was not located within the proposed annexation area. Three petitions were considered to be invalid because they were submitted by property owners whose properties did not abut on a public street or road right-of-way.) Seventeen of the petitions were rescinded, leaving a total of 112 valid sewer petitions which were timely made. Page 023A The amended Map 5 shows (with a green dot) the 112 valid sewer petitions which were timely made. In addition to showing the present and proposed major sewer lines, the amended Map 5 also shows present and proposed minor sewer lines. (The term minor sewer line is used here to distinguish these lines from the major sewer lines which were shown on the original Map 5 and which were defined as being greater than 12" in diameter. In other words, as used here, the term minor sewer lines means lines that are 12" or less in diameter.) The amended Map 5 shows (with a solid blue line) the present minor sewer lines. The amended Map 5 also shows (with a solid red line) the proposed minor sewer lines which will need to be extended to serve the valid sewer petitions. (Although the amended Map 5 shows that most of these proposed minor sewer lines will be built in streets, the actual construction location for these minor lines might change when detailed engineering plans are prepared.) The amended Map 5 also shows (with a dashed red line) a proposed 6" sewer force main which is proposed to be built near the Cottonade/Fort Bragg boundary. (The actual construction location for this force main might change when detailed engineering plans are prepared.) Text Amendment B5. Summary of Statutory Costs for Proposed Sewer Lines. The following table summarizes the statutory costs for serving the properties for which valid sewer petitions were submitted. Total Costs Proposed Extension of Sewer Lines Extension of Major Sewer Lines $0 Extension of Sewer Lines to Serve Valid Sewer Petitions $ 3,716,300 Subtotal Sewer Costs-Without Engineering & Contingency Costs $3,716,300 Engineering Costs (15%) $557,445 Subtotal Sewer Costs-With Engineering Costs $4,273,745 Contingency Costs (15%) $641,062 Total Sewer Costs-With Engineering & Contingency Costs $4,914,807 Text Amendment B6. Summary of Estimated Costs for the Patching of the Streets Which Will Be Required After Sewer Lines Are Installed. The following table summarizes these costs. Total Costs Proposed Street Patching Work $1,586,099 Total Street Patching Costs-Without Engineering Costs $ 1,586,099 Engineering Costs (15%) $237,915 Total Street Patching Costs-With Engineering Costs $1,824,014 Contingency Costs $273,602 Total Street Patching Costs-With Engineering & Contingency Costs $ 2,097,616 Page 023B Text Amendment B7. The extension of sewer lines to serve valid sewer petitions will be financed by the PWC Water and Sewer Fund and the City's General Fund. Councilmember Smith moved to approve the amendments to the Annexation Report, seconded by Councilmember Kendrick and carried by a vote of 10 to 0 with Councilmember Kizer abstaining and Councilmember Massey excused. C. Consideration of adoption of 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 [City-initiated annexation) (Area 3-A: Bonnie Doone, Cottonade, Ponderosa, and Summer Hill). Recommended effective date is June 30, 1998.] 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-A BONNIE DOONE, COTTONADE, PONDEROSA AND SUMMER HILL) ANNEXATION ORDINANCE NO. 98-01-427. Councilmember Worthy moved to adopt the ordinance, seconded by Councilmember Fogleman and carried by a vote of 8 to 2 with Councilmembers Talbot and Williams opposed, Councilmember Kizer abstaining, and Councilmember Massey excused. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1998. 7. Consideration of policy regarding the setting of special meetings of City Council. Councilmember Kendrick moved to refer this item to the Policy Committee, seconded by Councilmember Fogleman and carried unanimously by a vote of 11 to 0 with Councilmember Massey excused. 8. Consideration of agreement with N.C. DOT for construction of noise wall adjacent to the Westwood Subdivision at the Cliffdale Road Interchange. This item was removed from the agenda at the request of Councilmember Kendrick. He asked that this item be presented in two weeks after more information had been given to the Council. 9. Consideration of approval of purchase price of parcels for the Airborne and Special Operations Museum. City Attorney Robert Cogswell presented this item. He made the following recommendations: Mr. Cogswell recommended that Parcel No. CC-2543 be purchased for the sales price of $39,816.00. Mayor Pro Tem McBryde moved to approve the recommendation, seconded by Councilmember Cheek and carried unanimously by a vote of 11 to 0 with Councilmember Massey excused. Mr. Cogswell recommended that Parcel No. CC-1558 be purchased for the price of $139,000.00. Councilmember Kizer moved to approve the recommendation, seconded by Councilmember Worthy and carried unanimously by a vote of 11 to 0 with Councilmember Massey excused. Mr. Cogswell recommended that Parcel CC-3545 be purchased for the amount of $72,500.00. Councilmember Talbot moved to approve the recommendation, seconded by Councilmember Milligan and carried unanimously by a vote of 11 to 0 with Councilmember Massey excused. Mayor Dawkins declared a recess at 8:52 p.m. The regular meeting resumed and Councilmember Fogleman moved to excuse Councilmember Williams to leave to go to school in Chapel Hill, seconded by Councilmember Worthy and carried unanimously by acclamation. 10. Presentation on status of cablevision renewal process. Mr. Don Williams of Rice, Williams Associates presented this item. He gave a report on Time Warner Entertainment responses to the Fayetteville Area Cable Consortium Request for renewal proposal requirement and information. He covered the following areas: 1) Subscriber network requirements; 2) Consumer services; 3) Audio/video scrambling; 4) Access channels; 5) Government access; 6) Community information and education access; 7) Education access; 8) Institutional network; 9) Franchisees; 10) Partnership pilot project; and 11) The franchise term. Mr. Williams stated that the Time Warner entertainment proposal did not offer a basis upon which to negotiate a agreement and he recommended that the County, Fort Bragg, and Pope Air Force Base proceed with a formal renewal process in which the City would be included as a negotiation partner. A discussion was held with Council expressing disappointment with Time Warner Entertainment. The issue of PWC going into the cablevision business was discussed with Mr. Don Williams suggesting that a feasibility study would probably have to be done. City Manager Roger Stancil suggested that PWC and the City staff work together on this complex issue and come back with a proposal of recommendations. Discussion was held on rate control and the need for the City to work with Time Warner Entertainment rather than being an adversary. The consensus of the Council was to have the consortium proceed with the formal renewal process. 11. APPOINTMENTS: A. Consideration of terms of new appointees to Fayetteville Redevelopment Commission. Councilmember Cheek moved to appoint Mr. John M. Monaghan to the five-year term, to expire in December 2002, and Mr. Aaron Johnson to fill in the term to expire December 1999, seconded by Councilmember Kendrick and carried unanimously by a vote of 10 to 0 with Councilmembers Williams and Massey excused. B. Election of nominees to fill one vacancy on Fair Housing Board. Councilmember Talbot moved to nominate and elect Rebecca Person to the Attorney Category and to elect Tom Daniel to the Real Estate Category, seconded by Councilmember Worthy. A discussion was held on nominating and electing on the same night. Mayor Dawkins called for the vote on the motion and the motion carried unanimously by a vote of 10 to 0 with Councilmembers Massey and Williams excused. C. Nominations needed to fill one vacancy on Fayetteville Board of Adjustment. Councilmember Kendrick nominated Mr. Matthew Smith to fill in the term of Mr. Loyd, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 10 to 0 with Councilmembers Massey and Williams excused. D. Election of nominees to fill four vacancies on City of Fayetteville Finance Corporation. Councilmember Haire nominated Ms. Cheryl Green and Captain Benjamin Webb. A discussion was held regarding the purpose of the Fayetteville Finance Corporation. Councilmember Haire withdrew his nominations. Mayor Pro Tem McBryde moved to appoint Mr. Roger Stancil, Mr. Kai Nelson, Rev. Cureton Johnson and Mr. David Little, seconded by Councilmember Kendrick and carried unanimously by a vote of 10 to 0 with Councilmembers Massey and Williams excused. ITEM 12. ADMINISTRATIVE REPORTS: A. Planning Services Department Report. B. Report on removal of benches and telephones from Hay Street. Councilmembers supported the removal of the benches but requested that a survey be made for safety purposes of the number of telephones in the downtown area. INFORMATION ITEMS: 1. Statement of taxes collected for the month of December, 1997, from the Cumberland County Tax Collector. 1997 Taxes $3,983,735.26 1997 Vehicle Taxes 226,937.26 1997 Revit. 6,590.60 1997 Vehicle Revit. 66.38 1997 FVT 29,705.00 1997 Storm Water 346,724.95 1996 Taxes 33,721.67 1996 Vehicle Taxes 24,173.90 1996 Revit. 55.75 1996 Vehicle Revit. 3.97 1996 FVT 3,350.67 1996 Storm Water 3,527.46 1995 Taxes 3,557.41 1995 Vehicle Taxes 314.84 1995 Revit. 6.93 1995 Vehicle Revit. 00.00 1995 FVT 70.00 1995 Storm Water 526.77 1994 Taxes 3,188.55 1994 Vehicle Taxes 49.46 1994 Revit. 56.24 1994 Vehicle Revit. 0.00 1994 FVT 20.00 1993 And Prior Taxes 506.58 1993 Vehicle Taxes 92.72 1993 And Prior Revit. 0.00 1993 & Prior Vehicle Revit. 0.00 1993 & Prior FVT 25.00 Interest 7,632.06 Interest (Revit) 9.62 Interest (Storm Water) 484.21 Fayetteville Discount (0.00) Revit. Discount (0.00) Total Collections $4,675,133.26 2. Report on tax refunds less than $100. Name Year Basis Amount Dowdy, Bruce & Carrie 1996 Military Non-Resident $14.45 Garrett, Tyrone 1994 Clerical Error 81.80 1996 Kiedaisch, David Edwin 1993- Military Non-Resident 68.45 1995 Lambesis, Christpher 1994 Military Non-Resident 41.40 Rauser, Jason Lynn 1996 Military Non-Resident 73.36 Sturges, John Masury, III 1996 Military Non-Resident 54.34 Total $333.80 3. Update on Fargo Drive. 4. Report on Lagoon Drive drainage. 5. Report on Leaf Season extension. A discussion was held regarding extending the Leaf Season. 6. Memo from Inspections Director regarding home inspections. 7. Follow-up on Speed Studies on Westmont Drive. 8. Status of highway projects. 9. District policing update. 10. Information on PWC Customer Service Center. 11. Information on proposed Cumberland County Reservoir. 12. Information on Study Commission Members from the ElectriCities. 13. Letters from citizens regarding annexation. 14. Police Department - monthly report from the Office of Professional Standards for the month of December, 1997. Mayor Pro Tem McBryde moved to adjourn the meeting, seconded by Councilmember Haire and carried unanimously by a vote of 10 to 0 with Councilmembers Massey and Williams excused. The meeting adjourned at 9:10 p.m. INFORMATION MEETING JANUARY 26, 1998 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER JANUARY 26, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Darrell J. Haire (District 4) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet C. Jones, City Clerk Jason Brady, Public Information Officer Craig Hampton, Administrative Services Director Ronald E. Hansen, Chief of Police James Rose, Chief Administrative Officer, PWC Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Worthy, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to move Item 2, Presentation by Curfew Task Force, to come between Items 4 and 5. Councilmember Williams moved to excuse Councilmember Haire, seconded by Councilmember Massey and carried unanimously by a vote of 11 to 0. Councilmember McBryde moved to approve the agenda as amended, seconded by Councilmember Kizer and carried unanimously by a vote of 11 to 0 with Councilmember Haire excused. 2. Presentation on Joint Utilities Center. Mr. James Rose, Chief Administrative Officer with PWC, presented a site plan of the Joint Utility Center to be located in the 200 block of Hay Street. Mr. Rose informed the Council there would be approximately 70 PWC employees in the Customer Service Department. He stated it was also possible that the Storm Water Services Department and Fast Transfer Stations would be relocated into the building. Mr. Rose said that both Sprint and Time Warner had made verbal commitments to lease space in the building. Mr. Rose explained some changes had occurred in the plans for this building since the last time it had been presented to the Council. One of the changes was to reduce the size of the building from 50,000 to 35,000 square feet, thereby eliminating speculative rentals. He explained that in conjunction with the City staff, a decision had been made to use surface parking rather than a parking deck because of the differential in cost. He stated surface parking would cost about $2,000 per space while a parking deck would cost approximately $10,000 per space. Mr. Robbie Ferris, of Shuller Ferris Johnson and Lindstrom Architect, presented a schematic drawing of the building and site. He stated the goals of his firm where to (1) meet PWC space needs, (2) meet the historic guidelines, and (3) keep the cost defensive. He stated the cost estimate for the building would be approximately $86.00 per square foot and in his opinion this would be an economical building in the middle price range. Councilmembers expressed their approval of the site plan. Councilmember Talbot stated he felt the front of the building needed the City of Fayetteville logo. Mr. Stancil asked the Council for direction in proceeding with this project. Councilmember Kizer asked to be excused from voting on this item due to a conflict. Councilmember Cheek moved to allow Councilmember Kizer to abstain from discussion or voting on this item, seconded by Councilmember Talbot and carried unanimously by a vote of 10 to 0 with Councilmember Kizer abstaining and Councilmember Haire excused. Councilmember Massey moved to proceed with the plans with the amendment that the City of Fayetteville logo be placed with the PWC logo below it, seconded by Councilmember Worthy and carried by a vote of 10 to 0 with Councilmember Kizer abstaining and Councilmember Haire excused. 3. Presentation by Police Department on District Policing and Gang Efforts. City Manager Roger Stancil presented this item. He stated that District Policing was a concept the staff has been working on since early 1997. Mr. Stancil introduced Ron Hansen, Chief of Police. Chief Hansen addressed the Council and stated the District Policing Mission Statement is as follows: A system of providing total police services in partnership with the community, in order to identify neighborhood quality of life issues, and provide appropriate response to those issues by police and other service providers. Chief Hansen explained that the concept of redistricting provided the citizens of Fayetteville with the following: 1. Increased satisfaction with police services; 2. Increased satisfaction with other City services due to networking; 3. Twenty-four hour District Stations which provide full service; 4. Decentralization in decision-making; and 5. More ability to define and handle emerging crime trends in the neighborhoods and more ability to manage existing resources to meet the trends. Captain William Simmons and Captain Tom Bergamine continued the presentation. A review was done of the positive impacts that decentralization would have and an explanation was given of the Comstat process which would provide accurate and timely intelligence to identify emerging crime patterns, allow rapid deployment of personnel and resources, and make follow-up and assessment possible. A discussion ensued regarding the location of future stations, the areas which are covered by the two current districts, and the process to be used for rating crimes. Investigator Michael McGlothlin made a presentation on the Gang Intervention Program. He gave an overview of the emergence of gang activities in the Fayetteville area since 1992 and explained that in 1995, after the increasing reports of gang graffiti and gangs being formed, the City of Fayetteville applied for and received a Federal Grant to begin an intervention program. This program focused on the education of the local community, school administrators, and law enforcement personnel. The training provided insight into the indicators of gang activity. Investigator McGlothlin stated that through 1997, this training had been provided to over 4,000 parents, law officers, school officials, community groups and military unit commanders throughout the state. The information and format had been adopted by the North Carolina Justice Academy, had been made a part of their curriculum, and personnel of the program have been selected to participate in a national steering committee regarding gangs. Mr. McGlothlin stated although there has been a rise in the reported memberships in gangs in the region, it is believed they are not of the level of sophistication or organization of other cities. It is believed that Fayetteville is currently still in the infancy stages of gang activity and the City of Fayetteville has taken a pro-active approach by the use of a dedicated information database for reported gang members, community awareness, the G.R.E.A.T. program, information sharing between local and military authorities, continued follow-up and investigation of suspected gang activities, and graffiti abatement. 4. Presentation on City's Strategic Plan for Equal Contracting Opportunities. City Manager Roger Stancil presented this item. Mr. Stancil stated it had always been Fayetteville's policy that equal opportunity be given to everyone in Fayetteville to do business with the City. He stated that the City has a strategic plan that is very effective. Mr. Stancil introduced Mr. Craig Hampton, Administrative Services Director. Mr. Hampton gave a review of the Minority Business Enterprise Program certification process, and outlined the policy of the City and PWC which is used to meet the 10 percent verifiable goal of minority businesses. Mr. Hampton reviewed the Minority Business Enterprise figures for fiscal years 1996-1997 and 1997-1998 to date. He stated his goals are to have annual training and an active recruitment program. A discussion was held by Councilmembers. 5. Presentation by Curfew Task Force. City Manager Roger Stancil presented this item. Mr. Stancil stated the purpose of this presentation was to give an update on information the Task Force has put together and to ask for direction from the Council. Assistant City Manager Ben Brown gave an overall review of what the Task Force had done and than introduced the members of the Task Force who were present. Mr. Brown introduced Dr. Doreen Hilton, Associate Professor of Psychology at Fayetteville State University. Dr. Hilton stated that the object of the presentation was to give a status report and obtain the Council's input and approval of a survey which the Task Force wanted to present to the public sector. Dr. Hilton reviewed the goals of the Task Force and their activities from May 1997 through January 1998. She gave a juvenile crime profile for the year 1995-1996 to include the distribution of crime by time, the types of juvenile crimes, the location of the crime, and the frequencies of the crime. Mr. Robin Jenkins, of the Cumberland County Mental Health, stated there was a need for additional community information and the Task Force had prepared a survey for random selection which would enable a quality statistical analysis of the issue. Mr. Jenkins stated the issue was broader than a curfew and the needs were more diverse than a unilateral approach to juvenile crime. He stated that it would require an integration of systems involving the Juvenile Assessment Center, the Juvenile Court System, and the Sheriff's program in the County. Mr. Jenkins asked the Council for guidance regarding the Task Force and for feedback on the survey which had been prepared. A discussion was held with Councilmembers requesting the following input be considered: 1. The curfew numbers be published for everyone to see; 2. The Child Protection Ordinance be defined more clearly; 3. There be a report on the conclusions, results, and percentages experienced by the County in the enforcement of their curfew ordinance; 4. A report be given on the cost of staff to enforce the ordinance; 5. A unified definition of the words "curfew" and "Child Protection Ordinance" be done; 6. To have a two-sided survey with a chart depicting the time juvenile crimes occur; 7. A definition of age groups for juvenile crime and the Child Protection Ordinance; and 8. To educate the public. Further discussion was held regarding the inclusion of the word "truancy" in the ordinance. City Manager Roger Stancil stated the Task Force would like to take the Council's suggestions, digest them, and then come back with further recommendations. 6. Presentation on billboards in Cumberland County. City Manager Roger Stancil stated this was an item requested by Councilmember Kizer. Councilmember Kizer requested the Council make a formal comment to the County on the City's opinion about the proposed ordinance amendments regarding billboards. Councilmember Smith stated the Appearance Commission had worked hard to get the billboards down, and he did not think the County standards should be relaxed and be in conflict with the City standards. Councilmember McBryde said he did not think the City Council should as a body tell the County how to run their business, but as a citizen he felt they could express their feelings. Councilmember Williams stated that he felt doing away with the billboards would restrict business by taking away another means of advertisement. Councilmember Massey stated he agreed with Councilmember McBryde. Councilmember Smith stated that at this point the change was before the Planning Board and was not before the County Commissioners and that a public hearing was going to be held in February for public input. He stated he would like to send the information that the Council did not want relaxed standards. Mr. Smith further stated this would not be telling the County how to run their business, but he thought the information needed to be given to the County. Councilmember Kizer stated this action would do damage to the gateways into Fayetteville. He stated that in his opinion the County still has ample space to put billboards and he thought it was important the Council let the Planning staff know the feelings of the City regarding this issue while it was in the planning stage. He further stated if enough input is placed before the Planning Board, this issue may never go before the County Commissioners, and the Council needed to be pro-active in addressing the concerns of making this City grow. Councilmember Milligan stated she agreed with Councilmember Kizer and this issue needed to be looked at seriously because of the concept of the citizens that Fayetteville is ugly. Councilmember Smith made a motion to draw up a letter expressing the Council's opinion on this issue and to submit the letter to the Planning Board, Councilmember Kizer seconded the motion. Councilmember McBryde stated he could support a letter to the Planning Board, but he could not support one to the Commissioners. He stated he would talk to the Commissioners personally. Councilmember Cheek requested that information be included in the letter about the Appearance Commission's findings from public input as to how the City is viewed by its citizens. Councilmember Cheek reminded the Council that the Chamber had also been very active in the gateway to the City. Councilmember Worthy stated he did not disagree with the concept of the beautification of the gateway, but he did disagree with telling another entity how to run their business. He stated copies of our ordinances should be sent to the County. Councilmember Kendrick stated that if everyone played by the same rules you would not see a negative impact. He stated it was hard for citizens to know the County line from the City line and the City is judged by the whole County. Councilmember Kendrick stated he thought a copy of our ordinance needed to be sent to the Planning Board. Councilmember Massey stated he felt our Planning Board should send a recommendation to the County Planning Board. Councilmember Kizer stated the timing would be prohibitive to that action. Mayor Dawkins called for a vote on the motion. The motion carried by a vote of 7 to 4 with Councilmembers Worthy, Talbot, Williams and Massey opposed. Councilmember Smith stated the letter should state that it is simply the opinion of the Council and the Council respects the County's right to make their own decision. City Manager Roger Stancil stated this issue was a symptom of a failure to be able to develop uniformed urbanized standards. The impact on the City after another annexation if the County's regulations are less restrictive would be the amortization issue of compensating people for the signs. Mr. Stancil stated in his opinion this was a legitimate concern. 7. Presentation on Solid Waste Management issues: A. Update on Commercial Collection Focus Group. City Manager Roger Stancil presented this item. Mr. Stancil gave an overall report on the methods of collection used by the City prior to July 1991 when the dumpster operations were eliminated. At this point, the City solicited bids and a contract was established with ARS Waste Management with renewals to the contract in 1992, 1995, 1996, and 1997. Mr. Stancil explained that currently the City pays ARS for first pickups and the commercial customers pay for additional pickups, landfill charges, and rentals. The annual cost to the City for this first pickup is $463,000. Mr. Stancil stated the Council accepted the 1997 rate increase and directed the staff to explore alternatives to that current system. A focus group was established to address this issue. The group has discussed the establishment and enforcement of minimum standards, non-exclusive franchises, the establishment of a Commission to set rates and standards for haulers operating in the City (there is no authority to do this), the elimination of limitations on landfill disposal sites, the elimination of the gate requirement, and the feasibility of the City continuing to subsidize the first pickup. Mr. Stancil submitted the following alternatives for solving the commercial waste issue: 1. Make no changes in contracts with single hauler. 2. Contract with multiple haulers. 3. Eliminate the subsidy. 4. Subsidize multi-family unit pickup only and not commercial pickup. A discussion was held regarding the options. Mr. Kai Nelson, Finance Director, told the Council there would be a rate increase for the 1998 fiscal year and the cost of the subsidy would exceed the $463,000 cost of 1997. Mr. Stancil recommended putting the service out for bid, thus trying to introduce competition. When the bids are received, the cost will be known and at that time the council will be able to make a decision. B. Proposed changes in route schedule. Vera Bell, Director, presented a proposed schedule and route change. She proposed that yard waste and household waste be picked up on Monday, Tuesday, Thursday and Friday. Ms. Bell further recommended that the collection area would be established by dividing the City into four major collection zones with each zone divided into nine smaller zones. Ms. Bell informed the Council about the equipment and manpower requirements which would result from this change. She stated the target date for implementation was Monday, April 6, 1998, and that a public education program would be provided to inform the citizens. A discussion ensued regarding the cost differential, the downsizing of the work force by 15 employees, leaf containerization, and the use of the PWC mailing for advertisement of the proposed change. Mr. Stancil informed the Council it was his plan to proceed as stated. 8. APPOINTMENTS: A. Election of nominee to fill one vacancy on Board of Adjustment. Councilmember Kendrick moved to appoint Matthew Smith to the Board of Adjustment, seconded by Councilmember Kizer. Motion carried by a vote of 11 to 0 with Councilmember Haire excused. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously by a vote of 11 to 0 with Councilmember Haire excused. REGULAR MEETING FEBRUARY 2, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING FEBRUARY 2, 1998 7:00 P.M. CITY HALL COUNCIL CHAMBER Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Suzan K. Cheek (District 5) Others Present: Roger L. Stancil, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Victor Sharpe, Planning Division Manager Frank Simpson, Inspections Manager Robert Barefoot, Recreation/Community Facilities Director Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Augustine Joseph, Pastor of Saint Joseph Episcopal Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented Dr. Michael G. Tencza, a pediatric dentist with E. Newton Smith Public Health Center with a proclamation declaring February 6, 1998, as "Seal the State Day". Dr. Tencza addressed the Council and explained that a correlation of public and private community volunteers would be working together to provide 98,000 dental sealants for children across the state of North Carolina. Mayor Dawkins extended a Happy 71st Birthday to Mr. Chet Kendrick, the father of Councilmember Mark Kendrick. Mayor Dawkins announced the Character Education Concept for February 1998 was trustworthiness and he stated that February was Black History Month and activities would be held throughout the State and City in its honor. 1. APPROVAL OF AGENDA Mayor Pro Tem McBryde moved to excuse Councilmember Cheek from the meeting, seconded by Councilmember Milligan and carried unanimously by a vote of 11 to 0, with Councilmember Cheek excused. City Attorney Robert Cogswell requested to add Item 17, a closed session to discuss acquisition of property for the U.S. Airborne Museum. Councilmember Worthy moved to approve the agenda with the addition Item 17 seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Mayor Pro Tem McBryde moved to approve the consent agenda seconded by Councilmember Kizer and the following items were unanimously approved by a vote of 11 to 0 with Councilmember Cheek excused. A. Approve minutes of special meeting of January 12, 1998. B. Approve minutes of regular meeting of January 20, 1998. C. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, to prohibit parking on Ames Street from Bragg Boulevard to Filter Plant Drive. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. NS1998-005. D. Approve award of purchase contract for backhoe loader, in the amount of 54,546.32. E. Adopt ordinance approving demolition of property located at 1318 Coley Drive. (Owners: L.L. Campbell Heirs, Gloria Ward, L.L. Campbell, Jr., Mary C. Martin and Paula Grett) 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. ORDINANCE NO. NS 1998-006. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1998. F. Adopt resolution of the City Council of the City of Fayetteville pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Glensford Commons - Phase 1 located West of Glensford Drive, adjacent to Morganton Road) (Submitted by J.P. Riddle Family Limited Partnership) (Recommended Public Hearing Date is February 16, 1998) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31 (C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION. INITIATED CONTIGUOUS ANNEXATION AREA. RESOLUTION NO. R1998-010. G. Approve award of contract for purchase of four (4) Type 9 Padmount Switching Cabinets to Power Supply, Inc., (Matthews, NC). low bidder, in the amount of $42,464.00. (PWC) Bids were received as follows: Power Supply (Matthews, NC) $42,464.00 Rigby Electric (Rocky Mount, NC) $42,472.00 WESCO (Raleigh, NC) $44,961.72 H. Approve award of contract for construction of the College Lakes Sewer Outfall to McClam & Associates (Little Mountain, SC), lowest evaluated bid, in the amount of $798,566.25. (PWC) Bids were received as follows: McClam & Assoc. (Little Mountain, SC) $798,566.25 Dellinger, Inc. (Monroe, NC). $803,064.00 Ralph Hodge Construction Co., Inc. (Wilson, NC) $835,284.50 Park Construction Corp. (Mooresville, NC) $915,799.00 B.F. MaMahon, Inc. (Columbia, SC) $946,983.50 Autry Grading, Inc. (Fayetteville, NC) $1,027,394.00 ES&J Enterprises, Inc. (Autryville, NC) $1,073,910.90 T.A. Loving Company (Goldsboro, NC) $1,097,958.00 Marlboro Construction Inc. (Bennetsville, NC) $1,172,652.72 Atlas Resource Management (Fayetteville, NC) $1,300,112.00 Monroe Roadways (Fairport, NY) $1,470,034.00 BRS, Inc. (Richfield, NC) $1,507,613.75 Columbus Utilities (Fair Bluff, NC) $1,555,520.40 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the streets in the Holly Springs Subdivision: Albany Street from Seabrook Road to Edgecombe Avenue; Broadell Drive from Seabrook Road to Albany Street; Cascade Street from Seabrook Road to Gola Drive; Colony Drive from Dancy Street to Corrinna Street; Dancy Street from Stanberry Street to its end; Druid Street from Broadell Drive to Cascade Street; Eaton Street from Seabrook Road to Edgecombe Avenue; Eldridge Street from Cascade Street to Edgecombe Avenue; Gola Drive from Broadell Drive to its end; Lido Court from Gola Drive to its end; Marion Court from Seabrook Road to its end; Mildred Court from Cascade Street to its end; Olympia Court from Gola Drive to its end; Primrose Drive from Broadell Drive to Stanberry Street; Spaulding Street from Seabrook Road to Edgecombe Avenue; Stanberry Court from Stanberry Street to its end; Stanberry Street from Dancy Street to Stanberry Court. Assistant City Manager Jimmy Teal presented this item. Mr. Tela recommended approving the petition request for 25 Miles Per Hours on the streets in the Holly Springs Subdivision. This is the advertised public hearing set for this date and time. The public hearing opened at 7:17 p.m. Mr. Moses Best, 1824 Broadell Drive, Fayetteville, NC, appeared in favor of the speed reduction. There was no one else present to speak either in favor or opposition and the public hearing closed at 7:19 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1998-007. Councilmember Massey moved to approve the ordinance to be effective February 13, 1998, seconded by Councilmember Haire and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS 1998. B. Consideration of adoption of resolution ordering the paving without petition of: 1. Betts Drive from Randolph Avenue Northward to Dead End; 2. College Street from Coley Drive Westward to Dead End; 3. Jones Street from Ramsey Street Eastward to Dead End; 4. Lawrence Avenue from Rosehill Road Westward for about 500 feet; 5. Mimosa Lane from Sherman Drive to Evergreen Drive; 6. Evergreen Drive from Mimosa Lane to Blake Street; 7. Telegraph Street from Ramsey Street to Dead End. Assistant City Manager Jimmy Teal presented this item. Mr. Teal explained that the paving of these dirt streets was a part of the bond improvement program. Mr. Teal explained the options available to property owners regarding the repavement of the assessment. He also explained about payment assistance which could be obtained through Community Development which could be obtained for persons who's income qualified. Mr. Teal stated the staff's recommendation was to approve via paving of Jones Street, Lawrence Avenue and College Street and to take no action on Betts Drive, Mimosa Lane, Evergreen Drive and Telegraph Street. Mr. Teal stated that unless there was support at the public hearings to pave these streets, it was the staff's opinion that the bond money could be used on other streets where property owners are in favor of paving. 1. Betts Drive from Randolph Avenue Northward to Dead End; 2. College Street from Coley Drive Westward to Dead End; FINAL RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF: COLLEGE STREET FROM COLEY DRIVE WESTWARD TO DEAD END. THE RESOLUTION AND ORDER ADOPTED AT ITS MEETING ON THE 5TH DAY OF JANUARY, 1998, BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, ENTITLED "PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF: COLLEGE STREET FROM COLEY DRIVE WESTWARD TO DEAD END. RESOLUTION NO. 1998-011. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:24 p.m. A discussion was held regarding the procedure used in the selection of streets to be paved. Councilmember Kizer inquired as to the possible waste of funds on the engineering of streets that were not going to be built. Mr. Kizer stated he felt more organized planning needed to be used. Councilmember Worthy inquired into the repayment of these assessments and the availability of assistance from Community Development funds. City Attorney Robert Cogswell gave an overview of the assessment process to include the current assessment rate of $10.00 per linear foot and the repayment plan. Mayor Pro Tem McBryde stated he wanted to make it clear that an application for community funds did not mean an automatic receipt of funds. Councilmember Massey stated there would have to be documentation of income and an availability of community development funds before the funds could be received. Councilmember Kendrick moved to approve the paving of College Street from Coley Drive westward to the dead end, seconded by Councilmember Worthy and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. 3. Jones Street from Ramsey Street Eastward to Dead End; This is the advertised public hearing set for this date and time. The public hearing at 7:37 p.m. Mr. Leonard L. Sherlock, 209 Colonial Drive, Fayetteville, NC appeared in favor of the paving. Mr. Sherlock presented a request from the residents of Jones Street to pave the road all the way to North Street rather than making it a dead end. Mr. Sherlock explained that this would enable the residents to enter and exit onto Ramsey Street. Miss Lucy J. McLean, 123 Jones Street, Fayetteville, NC, appeared in favor of paving the street to North Street. There was no one present to speak either in favor or opposition and the public hearing closed at 7:40 p.m. A discussion was held regarding the request to pave the entire street. Mr. Teal presented a video tape of the area. He stated that at this time, the property owner of the land extending to North Street had not been notified and therefore they could not be assessed. Mr. Teal stated he would like to look at what routes might need to be taken as well as making sure a public hearing was held. Councilmember Kizer stated he felt there was a need to look at the City's overall concept of planning for the best connectors to outlets to ensure the safety of the residents as well as provide best traffic flow. Councilmember Kendrick requested a cost estimate of the acquisition of the property be acquired on Jones Street to include curbing, guttering and drainage. Councilmember Haire moved to refer this item back to the staff for their recommendation of paving the street to North Street, seconded by Councilmember Milligan and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. Councilmember Massey stated that it was his opinion that all dead ends which cut off neighborhoods needed to be changed so there would be no isolation. He also stated that while the changes are being made on streets, PWC should at the same time put water and sewer lines in order to have the most cost effective services. 4. Lawrence Avenue from Rosehill Road Westward for about 500 feet; This is the advertised public hearing set for this date and time. There was no one present either to speak in favor or opposition. The public hearing opened and closed at 7:50 p.m. Councilmember Worthy moved to pave Lawrence Avenue from Rosehill Road westward for about 500 feet seconded by Councilmember Massey and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF: LAWRENCE AVENUE FROM ROSEHILL ROAD WESTWARD FOR ABOUT 500 FEET. RESOLUTION NO. R1998-012. 5. Mimosa Lane from Sherman Drive to Evergreen Drive; 6. Evergreen Drive from Mimosa Lane to Blake Street; 7. Telegraph Street from Ramsey Street to Dead End. This is the advertised public hearing set for this date and time. The public hearing opened at 7:51 p.m. There was no one signed up in favor of paving. Appearing in opposition were: Mr. Mark Vick, 1919 Mimosa Lane, Fayetteville, NC; J.D. Wilson, 1917 and 1915 Mimosa Lane, Fayetteville, NC; Frankie L. Brodie, 812 E. Orange Street, Fayetteville, NC; Mary Adams, 828 E. Orange Street, Fayetteville, NC; Bernice Burrell, 822 E. Orange Street, Fayetteville, NC; Mr. Pittman, 832 E. Orange Street, Fayetteville, NC; and Catherine Lanz, 820 E. Orange Street, Fayetteville, NC. There being no one further to speak, the public hearing closed at 7:59 p.m. Councilmember Massey clarified for the audience that no motion being made would mean that B.5, 6 and 7 would not be paved. 4. Consideration of request to address City Council from John D. Ashford. Mr. John D. Ashford, 1437 Pine Valley Loop, Fayetteville, NC, presented a petition with 700 signatures which requested recycling for the City of Fayetteville. Mr. Ashford requested that 1) the City and County create a integrated solid waste plan that emphasizes recycling and that the City immediately open drop-off recycling centers throughout the City; 2) the City develop curbside pickup of all recyclable materials (to replace dropoff centers); 3) the City should work with the County on composting yard waste at landfills and other waste disposal sites; 4) the City should work out a long-range plan to reduce the amount of waste incinerated or buried in land fills; 5) finally conduct a public information campaign to education the community about recycling and backyard composting. Councilmember Smith stated that one of the Council's 1998-1999 goals was to tackle the problem of recycling. Councilmember Milligan inquired about the marketability of recyclable materials. City Manager Roger Stancil stated that the recycling market was very volatile and a contract needed to be made with someone who had access to the nationwide market. Mr. Stancil stated that currently the City is in a interlocal agreement with the County which requires all of the City's garbage to go to the County landfill. Mr. Stancil stated he felt there needed to be a coordinated effort between the City and County. Mr. Stancil further stated that a possible way to address this issue would be to use the funds collected from the $43.00 solid waste fee charged each citizen of Cumberland County. A discussion was held regarding the future of BCH. Mr. Stancil stated it was his understanding that new investors for BCH would be addressing the bankruptcy court this month and the group could possibly get on line by the first quarter of 1999. Mr. Stancil also stated that Cumberland County provides a solid waste plan to the state and that plan included the BCH project. He stated there is no recycling center operated by Cumberland County inside the City of Fayetteville and therefore, county residents residing inside the City limits do not have a place to take their recyclable material. Mr. Stancil stated the City might want to ask the County to serve the 122,000 County residents residing within the City limits with some type of solution. Councilmember Fogleman stated that there is a need to address this issue with legislative delegates. Mr. Ashford informed the Council that the County Commissioners had unanimously passed a motion directing their staff to work with the City staff in coming up with a recycling program and the County was going to give this issue a higher priority in their budget. 5. Consideration of readoption of a resolution identifying areas under consideration for future annexation. (No changes to previous resolution adopted on February 20, 1996) City Manager Roger Stancil presented this item. Mr. Stancil stated the General Statutes require that a resolution of consideration be re-adopted every two years. This resolution outlines the area shown on the map that the City is considering for future annexation. Mr. Stancil stated there had been no change in this resolution since February 10, 1996 and that the original map adopted in 1984 had been re-adopted every two years since that time period. Mr. Stancil recommended the adoption of this map so that it is in effect for two more years and is available for public information. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE IDENTIFYING THE AREA DESCRIBED HEREIN AS BEING UNDER CONSIDERATION FOR FUTURE ANNEXATION. RESOLUTION NO. R1998-013. Councilmember Talbot moved to approve and adopt the resolution seconded by Councilmember Kizer. Mr. Stancil reminded the Council the planning commission was reviewing the City annexation plan and would be back with recommendations at a later date. Councilmember Massey inquired as to whether demographics are used when the map is drawn. Mr. Stancil reported that the map actually goes beyond the four phases of annexation originally approved and the demographics had not been included because that would not be done until the resolution of intent was brought before Council with a specific area to be annexed. Mr. Stancil stated that an area would not be brought before Council unless the demographics met the voting rights requirement and the area could be serviced with water, sewer, and City services within a two-year time span. Councilmember Kendrick inquired whether the voting rights issue was the driving force. Mr. Stancil stated the primary driver is providing service, particularly sewer, to the urban areas. He stated as we work through the process then the demographics of voting rights act must be considered and the current minority voting strength in the City can not be diluted by an annexation. Mr. Kendrick requested that the City look into the challenging of the voting rights act by a municipality. He stated he was requesting this because it had been stated that future annexations would be harder to do in Fayetteville because of the integrated neighborhoods in this area. Mayor Dawkins called for a vote on the motion and the motion carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. 6. Consideration of the following Parks and Recreation projects: A. Consideration of proposed PAL boxing program. Mr. Darden Jenkins, Chairman of the Parks and Recreation Advisory Committee, presented this item. Mr. Jenkins stated that the boxing proposal had been reviewed and approved by both the Human Relations Commission and the Park and Recreation Advisory Commission as requested by Council. Mr. Jenkins also stated that the Risk Management Department had completed their analysis and current coverages would protect the City against liability. Major Robert Shambley of the Fayetteville Police Department gave an overview of the boxing program. Mayor Shambley explained the program operated under the direction of the Police Athletic League and the United States Amateur Boxing, Incorporated. Major Shambley asked the Council to approve the program because he felt it was a good program that would academically, athletically, and socially help teens be involved in after school activities. A discussion was held discussing the operation of the program, the funding of the program and the feasibility of having this type of program sponsored by the City. Councilmember Smith moved to proceed with the boxing program seconded by Councilmember Haire. Further discussion was held regarding the school attendance requirement. Council decided that this issue should be determined by the administrators of the boxing program. Councilmember Massey expressed his opposition to the program and stated his concerns. Major Shambley addressed Councilmember Massey's concerns. Mayor Dawkins called for the vote on the motion and it carried by a unanimous vote of 11 to 0 with Councilmember Cheek excused. B. Consideration of Mazarick Park basketball complex. Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Fogleman and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. C. Award of contract for A/E services for feasibility study and report for multipurpose trail on Cape Fear River. Mr. Darden Jenkins presented this item. Mr. Jenkins recommended awarding the contract in the amount of $25,000 for a feasibility study. Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Fogleman. A discussion was held with Councilmember Milligan expressing her concern about conducting another study. Mr. Robert Barefoot stated that in his opinion this study was necessary in order to develop an overall plan for the multipurpose trail. Councilmember Kendrick inquired about the time frame for closure of the study. Mr. Barefoot replied the study would take approximately 90 days. Mayor Dawkins called for a vote on the motion and it carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. 7. Consideration of Memorandum of Understanding between the City of Fayetteville and the Martin Luther King, Jr., Committee, for park development. City Manager Roger Stancil presented this item. A discussion was held regarding the responsibility of the City for drainage in this park. Mr. Stancil stated that no special language was necessary in the memorandum of understanding to clarify this issue. Councilmember Haire moved to approve the memorandum of understanding seconded by Councilmember McBryde and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. 8. Consideration of request for City Council to consider a City initiated rezoning at the proposed site for the Airborne and Special Operations Museum. Mayor Pro Tem McBryde moved to approve the rezoning to C-2 central business district, seconded by Councilmember Worthy and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. 9. Consideration of the following Community Development matters: Mayor Dawkins requested to be excused from discussion or voting of this item due to his association with the Fayetteville Urban Ministry. Councilmember Kendrick moved to excuse the Mayor from discussion or voting, seconded by Councilmember Worthy and carried unanimously by a vote of 11 to 0. Mayor Dawkins turned the meeting over to Mayor Pro Tem McBryde. Assistant City Manager Ben Brown presented this item. Mr. Brown requested an appropriation of the program income earned from the CDBG and Home programs as follows: Distribution of Program Income Amount Source of Program Income $64,338 CDBG Loan Payments $41,517 HOME Loan Payments Recommended Appropriation $41,517 HOME-Housing Rehabilitation $14,910 CDBG-HUD 108 Payment $10,000 CDBG-Orange Street School $30,000 CDBG-Fayetteville Urban Ministry $ 9,428 CDBG-Contingency A. Adopt Special Revenue Fund Project Ordinance Amendment Change 98-4 (CDBG Program Income). B. Adopt Special Revenue Fund Project Ordinance Amendment Change 98-5 (HOME Program Income). Councilmember Massey requested to follow the request of the staff to fund as documented, seconded by Councilmember Kizer and carried unanimously by a vote of 11 to 0, with Councilmember Cheek excused. 10. Consideration of actions related to recreation centers. A. Adopt Capital Project Ordinance Amendments 98-7 and 98-8. Councilmember Kendrick moved to adopt the amendments, seconded by Councilmember Worthy and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. B. Award of construction contracts for the following recreation centers: 1. Myers Recreation Center City Manager Roger Stancil presented this item. Mr. Stancil requested that the Council authorize the reward of construction contracts for Myers Park Recreation Center to the following contractors: Ace Construction of Spring Lake, NC for $1,137,158.00 for General Construction (Base Bid and Alternate G-2), Coffman Plumbing of Hope Mills, NC for $81,780.00 for Plumbing (Base Bid), T.R. Driscoll of Lumberton, NC for $77,027.00 for Mechanical (Base Bid), and Watson Electrical of Fayetteville, NC for $120,000.00 for Electrical (Base Bid and Alternate E-2). Total project cost is $1,415,965.00. Bids were received as follows: General Contractors Ace Construction (Spring Lake, NC) $1,131,058.00 Ellis Walker Builders (Fayetteville, NC $1,116,700.00 HyWood Construction (Cary, NC) $1,209,000.00 M & E Contracting (Raeford, NC) $1,214,756.00 NC Consolidated (Fayetteville, NC) No Bid Nortec Construction (Fayetteville, NC) $1,185,106.00 The Rubicon Group (Fayetteville, NC) No Bid Plumbing Contractors Coffman Plumbing Co. (Hope Mills, NC) $81,780.00 Goins Plumbing Co. (Maxton, NC) Bid Not Read McGirt's Plumbing (Maxton, NC) $83,300.00 RJW Construction (Burgaw, NC) No Bid Staten Plumbing (Fayetteville, NC) $104,727.00 Town & Country Plumbing (Fayetteville, NC) $97,300.00 Mechanical Contractors Arnold Services Co. (Fayetteville, NC) $96,875.00 Atkins Elec., Htg & A/C (Raeford, NC) $106,693.00 Smith's Refrigeration (Lumberton, NC) No Bid T.R. Driscoll (Lumberton, NC) $73,995.00 Electrical Contractors Base Bid Alt E-2 Ext Lights Atkins Electric Htg. & AC (Raeford, NC) $141,877.00 (-$14,208.00) M-R Electric & Alarms (Shannon, NC) $141,750.00 $12,750.00 Mace Electric (Sanford, NC) No Bid McLaughlin Electric (Wagram, NC) No Bid Melton Electric (Myrtle Beach, SC) $155,000.00 $11,000.00 P.R. Faulk Electrical (Sanford, NC) No Bid Watson Electrical (Fayetteville, NC) $105,000.00 $15,000.00 2. Cliffdale Recreation Center City Manger Roger Stancil presented this item. He requested the Council authorize award of construction contracts for Cliffdale Road Recreation Center to the following contractors: Nortec Construction of Fayetteville, NC for $1,553,705.00 for General Construction (Base Bid and Alternate G-2), Coffman Plumbing of Hope Mills, NC for $98,938.00 for Plumbing (Base Bid), Atkins Heating & A/C of Raeford, NC for $122,400.00 for Mechanical (Base Bid), and Atkins Heating & A/C of Raeford, NC for $181,865.00 for Electrical (Base Bid and Alternate E-2). Total projects is $1,956,908.00. Bids were received as follows: General Contractors Base Bid ADD Ath Equip. Ace Construction (Spring Lake, NC) $1,826,000.00 $9,100.00 Ellis Walker Builders (Fayetteville, NC) $1,583,800.00 $10,000.00 HyWood Construction (Cary, NC) $1,678,900.00 $8,300.00 M & E Contracting (Raeford, NC) $1,643,490.00 $10,432.00 NC Consolidated (Fayetteville, NC) $1,665,848.00 $8,000.00 Nortec Construction (Fayetteville, NC) $1,550,482.00 $3,223.00 The Rubicon Group (Fayetteville, NC) $1,656,000.00 $10,500.00 Plumbing Contractors Coffman Plumbing (Hope Mills, NC) $98,938.00 Goins Plumbing Co. (Maxton, NC) Bid Was Not Read McGirt's Plumbing (Maxton, NC) $105,300.00 RJW Construction (Burgaw, NC) No Bid Staten Plumbing (Fayetteville, NC) $116,727.00 Town & Country Plumbing (Fayetteville, NC) $112,000.00 Mechanical Contractors Base Bid Alt. M-1 ADD DDC System Arnold Services (Fayetteville, NC) $138,795.00 $0 Atkins Elec., Htg. & A/C (Raeford, NC) $122,400.00 $9,091.00 Smith's Refrigeration (Lumberton, NC) No Bid T.R. Driscoll (Lumberton, NC) $144,745.00 $9,333.00 Electrical Contractors Alt. E-2 Base Bid Ext. Lgts Atkins Elec., Htg. & A/C (Raeford, NC) $156,465.00 $25,400.00 M-R Electric & Alarms (Shannon, NC) $165,250.00 $17,250.00 Mace Electric (Sanford, NC) No Bid McLaughlin Electric (Wagram, NC) No Bid Melton Electric (Myrtle Beach, SC) $166,000.00 $23,000.00 P.R. Faulk Electrical (Sanford, NC) $164,089.00 $20,900.00 Watson Electrical (Fayetteville, NC) $159,000.00 $26,300.00 Councilmember Fogleman moved to award the contracts for Myers Park Recreation Center and Cliffdale Road Recreation Center, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. C. Change order to Shuller-Ferris contract for construction administration and close-out of above projects. City Manger Roger Stancil requested the Council to (1) authorize the change order in the amount of $37,400.00 to Cliffdale Recreation Center Design with Shuller Ferris Johnson & Lindstrom to include services for Construction Administration, the total contract amount to include the change would be $104,720.00 ($37,400.00 current change via BOA, $67,320.00 previously authorized by Council); and (2) authorize the change order in the amount of $36,809.00 to Myers Park Recreation Center design with Shuller Ferris Johnson & Lindstrom to include services for Construction Administration, the total contract amount to include the change would be $44,616.00 ($36,809.00 current change via BOA, $7,807.00 previously authorized by Council). Mayor Pro Tem McBryde moved to approve the change orders, seconded by Councilmember Kizer and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. D. Adopt resolution of the City Council of the City of Fayetteville, declaring the intention of said City to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and to be made in connection with the acquisition, construction and equipping of certain capital improvements (Cliffdale and Myers Park Recreation Centers). RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS (CLIFFDALE AND MYERS PARK RECREATION CENTERS). RESOLUTION NO. R1998-014. Mayor Pro Tem McBryde moved to adopt the resolution, seconded by Councilmember Kendrick and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. 11. Consideration of change order to The Rose Group for development of specs and construction observation for wetland mitigation for Buckhead Creek. Assistant City Manager Jimmy Teal presented this item. Mr. Teal explained the engineering design and construction inspection for the Drake Park/Evergreen Estates Drainage Project had been determined by the U.S. Army Corps of Engineers to disturb wetlands. This disturbance would result in the City having to place money within a state or national wetlands bank to cover the mitigation costs. Mr. Teal stated the City has gotten approval from the Corps of Engineers to mitigate local property rather than spending money that would likely be used in a location outside of Fayetteville. The mitigation area will be southwest of Ireland Drive along Horsepin Creek and a portion of Buckhead Creek. Mr. Teal asked the Council to authorize a change order in the amount of $30,000 to Cape Fear Valley Medical Center Drainage Area Design Contract with The Rose Group to include design of construction work necessary to implement the Wetland Mitigation Plan in the Village Drive Drainage Project. The change would include $22,000 for design fees and $8,000 for construction management. The total contract amount to include this change would be $$495,977.29. The money for the change order of the proposed project will come from the 1994 bond drainage funds that were targeted for the Drake Park/Evergreen Estates Drainage Improvements Project. Mayor Pro Tem McBryde moved to approve the change order, seconded by Councilmember Worthy. A discussion was held regarding the circumstances which had led to the City proceeding with this project without the approval of a wetlands report, the ongoing process, and whether preparation had been made for the monitoring and maintenance aspect of the project. Mr. Teal stated the funding of this project will be from the storm drainage money, but the monitoring and maintenance aspect had not been considered at this point except for the possibility of who could provide the services. Mr. Teal stated a proposal would be forthcoming on this issue. Councilmember Kizer asked if monitoring and maintenance fees were included in this change order. Mr. Rose stated that none of these fees were included in this transaction. Mayor Dawkins called for the vote on the motion and it carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. Councilmember Kendrick requested an update on the status of the Drake Park project. Mr. Chuck Donnell, Project Manager, reviewed each area individually as to the status of the water and sewer construction. Mr. Donnell stated the piped storm sewer was about 50 percent complete in the southern part of Drake Park but in the northern part of Drake Park, which empties into Buckhead, the easements had not been attained. Mr. Donnell gave an estimated time of April or May for the water and sewer to be completed. He stated the drainage project would take longer due to the wet weather. Mr. Teal stated that some design decisions needed to be made and the drainage project could proceed. Mr. Donnell stated that by April or early May, Evergreen Estates and Welmar would be paved. Mayor Dawkins requested that Mr. Teal provide a written report on the progress of this project every 30 days. 12. Report of past actions regarding installation of noise abatement wall at the Cliffdale Road Interchange. Assistant City Manager Jimmy Teal presented this item. Mr. Teal referred the Council to the background information enclosed in the packet. Councilmember Kizer stated that he wanted it made clear that the wall being proposed by the North Carolina Department of Transportation was not a noise abatement wall but was being put up as an aesthetic appeasement to the neighborhood. Mr. Kizer stated he wanted this on the record so there could be no misunderstanding regarding the purpose of this wall in the future. Councilmember Kizer asked for clarification as to whether the City would have any say in the design of the wall and exactly what the split would be on the dollars being allocated for this wall project. City Manager Roger Stancil stated the costs would be split on a 50-50 basis up to a total of $100,000 for the entire project with the City's portion being no more than $50,000. Mr. Steve Varnedoe, of the North Carolina Department of Transportation, stated the landscaping would be separate from the wall and the City would be allowed to participate in the wall project. Councilmember Williams stated he was not in favor of this expenditure of funds. Mr. Williams asked Mr. Cogswell to explain the legality of this issue. Mr. Cogswell explained that if a property owner could prove in court there was noise, then the North Carolina Department of Transportation would have to pay for the noise damage. Councilmember Milligan expressed her support for the City to participate up to $50,000 for noise abatement or something to help the people. Councilmember Kendrick reviewed the history of this project. He pointed out that the traffic count reports used in this project in 1994 showed that the projections for the year 2005 had already been met and were outdated. Mr. Kendrick stated this project was approved with some type of noise abatement to be placed and the Council would be allowed to participate in the design phase of some kind of noise abatement in the area. Mr. Kendrick stated he did not support a wall being put there for appeasement that is not a noise abatement wall and that he supported the Council actively participating in the design phase for the implementation through the Traffic Services or Engineering Departments. Councilmember Kendrick moved that the City Council endorse the process up to $50,000 for a noise abatement wall for that area whether it is with trees or a honeycomb wall, seconded by Mayor Pro Tem McBryde. Councilmember Worthy stated he could not support spending these funds for one area of the All-American Expressway. Councilmember Talbot stated he could not support the wall but he could the support trees as a noise abatement. Councilmember Smith expressed his support for the project and stated that the Council must stand up for the neighborhood or the North Carolina Department of Transportation would do nothing. Councilmember Haire stated his support for either the wall or trees. Councilmember Williams restated his opposition. Mayor Pro Tem McBryde stated he supported Councilmember Kendrick's motion for $50,000 for either a wall or trees to abate the noise and he felt that for appearance sake, both should be approved. Councilmember Kizer stated he wanted the agreement with the North Carolina Department of Transportation to state that City Council would be able to review the plan for the area. City Manager Roger Stancil stated this request would be up to the North Carolina Department of Transportation. Mr. Varnedoe stated that the federal government would not participate in funding noise abatement because it was not warranted by their standards. He explained that Mr. Tippett had made a good faith effort to take small urban funding which is separate from the funding of this project for use in the area, and that the North Carolina Department of Transportation will work with the City in terms of the landscaping and in terms of the wall if the City agrees to participate and that the City will be able to have input into the project. Councilmember Fogleman called for the question and it passed unanimously by a vote of 11 to 0 with Councilmember Cheek excused. Councilmember Kendrick restated his motion as follows: that the City participate up to the amount of $50,000 to provide noise abatement for the Westwood Subdivision to include whatever measures would best be suited for noise abatement whether it be a wall or for vegetation through the City Engineering Department and through the state to determine what would be the best noise abatement in the area. Mayor Dawkins called for a vote on the motion and it carried by a vote of 8 to 3 with Councilmembers Talbot, Smith, Kendrick, McBryde, Fogleman, Milligan, Kizer and Haire in favor and Councilmembers Worthy, Williams, and Massey opposed. 13. Report from Development Committee. Mayor Dawkins continued this item until the next meeting when Councilmember Cheek could be present. 14. Report from Streets and Roads Committee. Councilmember Mark Kendrick, Chairman of the Streets and Roads Committee, presented this item. Councilmember Kendrick reviewed the orientation program given to the new members of the Committee. A. Congestion Management video. Councilmember Kendrick stated this presentation would be made at the next meeting. B. Approve resurfacing list. Councilmember Kendrick moved to approve the street resurfacing list as proposed by staff, seconded by Councilmember Fogleman and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. A copy of this list is on file in the City Engineering Department. C. Install Glensford Drive School Zone. Councilmember Kendrick moved to have the flashers installed on Glensford Drive with the City picking up the installation service cost, Berea Baptist and Montclair Schools would share the material cost of approximately $750 each and both schools would share the monthly PWC costs, seconded by Councilmember Kizer and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. D. Concur with N.C. DOT position to retain Murchison Road as a Truck Route. No motion was made on this item because the Committee concurred with the North Carolina Department of Transportation's decision to retain Murchison Road as a truck route. Councilmember Massey requested that his opposition to this position be placed into the permanent records. E. Approve installation of traffic signal at Boone Trail in front of Bordeaux Court. Assistant City Manager Jimmy Teal explained the Committee had reviewed this request from Dr. Frank Stout and had requested a turn lane from Boone Trail onto the service road between Boone Trail and Village Drive. Mr. Teal explained Stout Properties do not own that portion of the property and are not able to construct the right-turn lane. Mr. Teal stated that when a property not owned by Dr. Stout is developed, then the City could require a turn lane at that time. Councilmember Kendrick moved to install the traffic signal at the location without requiring a turn lane with the City paying 50% percent of the signal costs and Stout Properties paying the other 50 percent with an estimated total cost for the signal of $40,000 and at the time a site plan is presented on this property for approval, dedicated right-of-way must be made for the turning lane. Councilmember Milligan seconded this motion. A discussion was held regarding the funding source. City Manager Roger Stancil stated this was not a funded project and therefore the $20,000 would have to come from some source within the approved budget. Mr. Stancil stated the choices are; (1) the funds can be taken from bond projects; (2) the street resurfacing funds can be reduced by $20,000, or (3) a fund balance appropriation could be made and some other program reduced. Mayor Pro Tem McBryde stated he would prefer the funds come out of the bond funds. Councilmembers Kendrick and Milligan agreed to add this to their motion. Mayor Dawkins called for a vote on the motion and it carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused and Councilmember Worthy's vote declared in the affirmative by the Mayor because Councilmember Worthy was not present at the time of the vote and had not been excused. Councilmember Kendrick requested that the Streets and Roads Committee name be changed to the Transportation Committee. He also recommended approving the following Transportation Committee Mission statement: To make recommendations to the City Council which will provide mobility and access to all segments of our population, enhance the City's transportation network and promote safe and orderly traffic flow. These recommendations shall reflect the values and goals of the City Council. Councilmember Kendrick moved to accept the Mission Statement and change the name of the Committee to the Transportation Committee, seconded by Councilmember Talbot. Councilmember Massey inquired as to whether the name change would mean that additional responsibilities could be addressed by this Committee and expand their mission. Mr. Kendrick stated in the affirmative. Councilmember Massey stated he could not support the motion. Mayor Dawkins called for a vote and the motion passed by a vote of 10 to 1 with Councilmember Massey in opposition and Councilmember Cheek excused. 15. Report from City-County Liaison Committee and consideration of items for referral to the Liaison Committee. Councilmember Massey stated that this meeting will be held on a quarterly basis from now on. There were no referrals made at this time. 16. APPOINTMENTS: A. Nominations needed to fill one vacancy on Planning Commission. Councilmember Kizer nominated Mr. Charles Matthews. B. Nominations needed to fill one vacancy on Personnel Review Board. Councilmember Haire nominated Captain Benjamin Webb. C. Nominations needed to fill one vacancy on Wrecker Review Board. Councilmember Kendrick nominated Mr. Mike Royal. 17. Closed session to discuss property acquisition for the U.S. Airborne Museum. Councilmember Smith moved to go into executive session, seconded by Councilmember Worthy and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. The Council went into closed session at 10:36 p.m. The regular session resumed at 10:59 p.m. City Attorney Robert Cogswell requested that the resolution authorizing the condemnation of parcels CC2713, CC2495, CC3762, and CC3657 be adopted. RESOLUTION AUTHORIZING THE CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-015. Mayor Pro Tem McBryde moved to adopt the resolution, seconded by Councilmember Kendrick and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1998. City Attorney Robert Cogswell requested Council to authorize the purchase of Fayetteville Pub Parcel Nos. 2016, 3432, 3414, 1279, 3239, 3256 and 2467. The following conditions would be met: (1) 7 Parcels - Total Value of $397,584 (125% tax value); (2) Fay Pub stays in Hay Street building through March of 1999 - No Rent - Carries all insurance and liability; (3) Fay Pub waives leasehold interest on Distribution (Van Story) property-Out by April 1 - 8 1/2 years left on lease; (4) Fay Pub retains ownership of tree lot; and (5) Fay Pub absorbs cash loss in excess of $75,000 on recent purchase and demolition. Councilmember Talbot moved to approve the purchase of the property, seconded by Councilmember Worthy and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. INFORMATION ITEMS: 1. Schedule for development of CDBG 1 Year Action Plan. 2. Copy of letter to resident regarding Lagoon Drive 3. Response to request from Councilmember Haire for information on North Street Study Area. 4. Response to questions on transit issues. 5. Parks & Recreation Advisory Commission - minutes of November 24, 1997. 7. FAEDC - Second quarter report for FY 7/97-6/98. 8. FAEDC - information on proposal to conduct labor market study and provide associated strategy recommendations. Mayor Pro Tem McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 11 to 0 with Councilmember Cheek excused. There being no further business, the meeting adjourned at 11:05 p.m. REGULAR MEETING FEBRUARY 16, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 16, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet C. Jones, City Clerk Jason Brady, Public Information Officer Robert Barefoot, Recreation/Community Facilities Director Victor Sharpe, Planning Division Manager Steve Blanchard, PWC Director Mick Noland, PWC Tom McNeill, PWC Real Estate Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Tommy Ford, Pastor of the Parks Chapel Freewill Baptist Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced the Character Education Concept for February 1998 was trustworthiness. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to add an additional item, a traffic congestion video. City Attorney Robert Cogswell requested to delete Item 2.J and that Item 2.G be pulled separately to allow Councilmember Milligan to abstain from discussion or voting. Councilmember Massey moved to approve the agenda with the addition of the traffic congestion video and the deletion of Item 2.J, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. 2. CONSENT Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Smith requested to pull Item 2.E and Councilmember Cheek requested to pull Item 2.G. Mayor Pro Tem McBryde moved to approve the consent agenda with the exceptions of Items 2.E and 2.G and the deletion of Item 2.J and seconded by Councilmember Worth y. The motion carried unanimously by a vote of 12 to 0. The following items were unanimously approved: A. Approve minutes of information meeting of January 26, 1998. B. Approve minutes of regular meeting of February 2, 1998. C. Approve tax refunds over $100. Name Year Basis Amount Branch Bank & Trust Co. 1995 Correcting Tax District $680.69 1996 Triplett, Patrick Wade 1996 Military Non-Resident 104.78 Total $785.47 D. P98-1F. The initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located at Longview Hills, Section 2, Part 1. Containing 6.69 acres more or less and being the property of Broadwell Land Company, and Luther & Grace Pearsall, as evidenced by map and legal description furnished by the City of Fayetteville, and being scheduled for annexation effective January 5, 1998. E. Pulled for discussion. F. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, for stop and yield control. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1998-008. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1998-009. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1998. G. Pulled for discussion. H. Approve award of contract for construction of the Lakewood/Rockfish Water Main Extension to Rushing Utility Construction Company, low bidder, in the amount of $586,097.50 (PWC). Bids were received as follows: Rushing Utility Construction Co. (Oakboro, NC) $586,097.50 Park Construction Corp. (Morrisville, NC) $588,895.10 Wellons Construction, Inc. (Dunn, NC) $614,420.70 Columbus Utilities, Inc. (Fair Bluff, NC) $617,363.00 B.F. McMahon, Inc. (Columbia, SC) $620,015.00 Brewer's Excavating, Inc. (Rural Hall, NC) $622,080.94 McArthur Construction Company (Lumberton, NC) $623,973.43 Blue Construction Company (Sanford, NC) $640,713.60 T.A. Loving Company (Goldsboro, NC) $650,640.00 Autry Grading, Inc. (Fayetteville, NC) $653,081.50 Sanford Contractors, Inc. (Sanford, NC) $654,135.50 Brown Utility Company, Inc. (Concord, NC) $667,949.00 Marlboro Constructions, Inc. (Bennettsville, SC) $684,366.96 Dellinger, Inc. (Monroe, NC) $685,316.00 Odell Smith & Sons Plumbing Co. (Spring Lake, NC) $687,398.60 Monroe Roadways, Inc. (Fairport, NY) $688,148.30 Mecklenburg Contracting Company, Inc. (Raleigh, NC) $693,093.36 R.H. Moore Company, Inc. (Murrells Inlet, SC) $704,324.00 Sandhills Contractors, Inc. (Sanford, NC) $833,447.00 I. Approve acquisition by condemnation of an easement crossing the Dennis W. Maurelis property; reference Parcel 16, Rayconda Sanitary Sewer Outfall. (PWC) RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF DENNIS W. MAURELIS AND WIFE, ROSEANNE M. MAURELIS. RESOLUTION NO. R1998-017. J. Approve License Agreement between Public Works Commission and Bell South Carolinas PCS for antenna and equipment cabinet location and operation at the Cliffdale Road elevated water tower. This item was removed from the agenda. K. Approve Capital Project Ordinance Amendment Change 98-9 (Terminal Renovation Project). CAPITAL PROJECT ORDINANCE AMENDMENT 98-9. This ordinance reflects revisions in the participation rates by the FAA, DOT and the City in the project. FAA had previously indicated that they would not participate in renovations at the Airport that benefited exclusive use spaces such as portions of the terminal rented to the airlines, concessions, rental car companies, etc. DOT has agreed to participate in 50 percent of those improvements. This ordinance reflects the $217,745 in improvements that are benefiting exclusive use areas and the shared participation in those costs by the Airport and DOT. The local share of this cost is budgeted in the Airport capital budget. A copy of the foregoing capital project amendment is on file in the Finance Department. L. Adopt resolution of the City Council of the City of Fayetteville, declaring the intention of said City to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and to be made in connection with the acquisition, construction and equipping of certain capital improvements (Annexation Phase 3). RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS (PHASE 3 ANNEXATION). RESOLUTION NO. R1998-018. M. Adopt resolution approving certain modifications and amendments to a certain deed of trust and a certain installment financing agreement relating to City of Fayetteville Finance Corporation Installment Payment Revenue Bonds (Municipal Building Projects), Series 1996 and authorizing other corporate action in connection therewith. RESOLUTION APPROVING CERTAIN MODIFICATIONS AND AMENDMENTS TO A CERTAIN DEED OF TRUST AND A CERTAIN INSTALLMENT FINANCING AGREEMENT RELATING TO CITY OF FAYETTEVILLE FINANCE CORPORATION INSTALLMENT PAYMENT REVENUE BONDS (MUNICIPAL BUILDING PROJECTS), SERIES 1996 AND AUTHORIZING OTHER CORPORATE ACTION IN CONNECTION THEREWITH. RESOLUTION NO. R1998-019. N. Adopt resolution accepting a report of unpaid taxes for the current fiscal year that are liens on real property and directing the tax collector to advertise the tax liens. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ACCEPTING THE REPORT OF UNPAID TAXES AND DIRECTING THE ADVERTISMENT OF TAX LIENS. RESOLUTION NO. R1998-020. E. Approve requests from The Fayetteville Arts Center and The Dogwood Festival Committee to hang banners during their annual festivals (Sunday on the Square and The Dogwood Festival, respectively). Mayor Pro Tem McBryde moved to allow Councilmember Smith to abstain from voting or discussion on this item, seconded by Councilmember Massey and carried unanimously by a vote of 11 to 0 with Councilmember Smith not voting. Mayor Pro Tem McBryde moved to approve Item 2.E, seconded by Councilmember Kendrick and carried by a vote of 11 to 0 with Councilmember Smith abstaining. G. Adopt resolution declaring cost and ordering preparation of preliminary assessment roll and setting time and place for public hearing on preliminary assessment roll for April 6, 1998, for the drainage improvements in the Kinwood/Arbutus Trail area. Councilmember Kizer pulled this item. Mr. Kizer inquired about the cost of this project and the size of the pipe that had been used. He stated he could not justify the cost of the project. Mr. Kizer asked for a detailed analysis of the cost of this project. Mayor Pro Tem McBryde inquired as to why the project took so long. City Manager Roger Stancil stated there had been a delay because the staff wanted to make sure the problem had been taken care of. RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION OF A STORM SEWER AND DRAINAGE SYSTEM IN A PORTION OF THE KINWOOD SUBDIVISION. RESOLUTION NO. R1998-016. Councilmember Kendrick moved to adopt the resolution seconded by Councilmember Cheek and carried by a vote of 11 to 0 with Councilmember Milligan abstaining. 3. PUBLIC HEARINGS: A. P97-68F. Consideration of an application by Kristina Sink of SBA, Inc. for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24 to allow a tower in an R6 Residential District for an area located north of West Jenkins Street. Containing 3.90 acres more or less (0.06 acres, lease area) and being the property of Mary & I.R. Mitchell, & Margaret Williams as evidenced by deed recorded in Deed Book 867, Page 382, Cumberland County Registry. Kathy Kem of the Planning Division presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:20 p.m. Ms. Katherine B. Wilkerson, 2626 Glenwood Avenue, Raleigh, NC, was sworn in by the City Clerk. Ms. Wilkerson expressed her support for the Special Use Permit. There being no one else present to speak either in favor or opposition, the public hearing closed at 7:21 p.m. Mayor Pro Tem McBryde moved to approve the Special Use Permit with the following Findings of Fact, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. 1. Such use shall fit in with the character of the area; and 2. Such use is not detrimental to the surrounding neighborhood, including, but not limited to the items below: a. Residential/professional zoned areas: When a tower is constructed and its height is less than three hundred (300) feet, it shall be set back from all adjacent property lines a distance equal to the height of the tower. When a tower exceeds three hundred (300) feet in height, it shall be set back (measured from its base) from property/lease lines a distance equal to the height of the tower. b. That the tower base be enclosed in a chain link fence with a minimum height of ten (10) feet and such fence to be a minimum of ten (10) feet from the base of the tower. c. That a buffer area twenty-five (25) feet wide be provided around the perimeter of the tower compound to shield all structures, including guide wires or anchors. Such buffer area shall be planted with evergreen trees that will attain a minimum height of twenty-five (25) feet. Such trees to be on a maximum twenty (20) foot spacing. The inner fringe of such buffer area shall have an initial height of at least three (3) feet and be planted with an evergreen hedge that will attain a minimum height of six (6) feet. Such hedge shall be opaque in effect and completely shield any object behind it from view. d. Certification by applicant that the proposed tower will be constructed and operated in accordance with all applicable local, state, and federal laws and ordinances, including, but not limited to, all FCC and FAA rules and guidelines. e. Radio or television or similar reception for adjoining residentially zoned properties will not be disturbed or diminished. f. The height of the tower does not exceed four hundred fifty (450) feet. Where towers are located on building/structures, the height of the tower and buildings/structure combined shall not exceed four hundred fifty (450) feet. g. The use will not be detrimental to the surrounding neighborhood. h. That no tower may be constructed closer than one thousand five hundred (1,500) feet to any other tower. However, concealed towers defined in section 32-5, Definitions, are exempt. If a variance is needed, the applicant shall appeal to the board of adjustments. i. In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation indicating that the power density levels do not exceed federally approved levels or American National Standards Institute (ANSI) standards, whichever provides the stricter requirements. j. Lighting shall meet or exceed the Federal Aviation Administration (FAA) standards if lighting is required by the FAA. To the extent allowed by the FAA, strobes shall not be used for nighttime lighting. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements. k. That towers which are not used for a period of six (6) months or more shall be removed by the owner within ninety (90) days of notification to the owner from the respective Department of Inspections. To assure the removal of towers which do not meet requirements for use or maintenance, a statement of financial responsibility to the City Inspections Department, shall be submitted for each tower over seventy-five (75) feet. Removal costs shall be charged to the tower owner. l. The entity/owner seeking approval of the special use permit shall submit every two (2) years a statement signed and sealed by the applicant's engineer and from an outside independent registered and licensed engineer on the sixth year as to the structural soundness of the tower. If a tower is determined not to be structurally sound, the entity receiving approval shall have the burden of any repairs and said repairs must be completed within (60) days. m. That the applicant show willingness to camouflage the tower with the surrounding area, i.e., paint, incorporation into architectural design/structure, or other means. Communication towers and associated equipment which are totally concealed within a building or structure so that they are architecturally indiscernible shall not be considered towers. n. That no outside storage be allowed on site. o. That the buffer be planted and maintained by the developer and a statement in writing from the owner be obtained to that affect. p. That a final plat be recorded to show the recombination of lots, Lenora Street removed, and access to the cemetery. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Petition-initiated contiguous annexation area) (Glensford Commons, Phase 1) (A proposed commercial area to be built along the eastern side of Glensford Drive, adjacent to Morganton Road - property of the J.P. Riddle Family Limited Partnership). City Manager Roger Stancil presented this item. Mr. Stancil stated this was a petition annexation and the needs for water and sewer could be absorbed into PWC's operation. He recommended the approval of the annexation. Mr. Stancil pointed out that no building permits had been obtained and the approval of this annexation would ensure that the project would meet the City's standards. Council held a discussion regarding the annexation of only a portion (13.89) of the large tract rather than annexing the entire tract, the impact this development could have on the Buckhead Creek flooding problem and the rapid development of this area. City Manager Roger Stancil stated the City cannot initiate annexations which do not qualify, and it was his opinion the City should annex this area to ensure City standards would be met in the building as well as drainage. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:39 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. (GLENSFORD COMMONS, PHASE 1, (A PROPOSED COMMERCIAL AREA TO BE BUILT ALONG THE EASTERN SIDE OF GLENSFORD DRIVE, ADJACENT TO MORGANTON ROAD) (PROPERTY OF THE J.P. RIDDLE FAMILY LIMITED PARTNERSHIP). ANNEXATION ORDINANCE NO. 98-02-428. Mayor Pro Tem McBryde moved to adopt ordinance, and annex the property, effective February 16, 1998, seconded by Councilmember Talbot and carried unanimously by a vote of 12 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1998. 4. Consideration of request to address City Council from Cyndi Bisacre, Executive Director, Fayetteville Vocational Center, Inc. Ms. Cyndy Bisacre, Executive Director of the Fayetteville Vocational Center, Inc., thanked the Council for providing the initial start-up funds to begin this Center in April of 1997. Ms. Bisacre gave an overview of the Center's clientele and how they had been trained. 5. Consideration of request for City Council to consider a City initiated rezoning for an area along Skibo Road. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Planning Commission was requesting the Council rezone the property along Skibo Road. Councilmember Smith requested to abstain from discussion or voting on this item because he worked for one of the firms in the area. Mayor Pro Tem McBryde moved to allow Councilmember Smith to abstain from either discussion or voting, seconded by Councilmember Worthy and carried by a vote of 11 to 0 with Councilmember Smith not voting. Councilmember Cheek requested that the public be notified and a neighborhood meeting be held regarding this issue. Councilmember Cheek moved to approve the initiation of the rezoning process, seconded by Councilmember Kendrick and carried by a vote of 11 to 0 with Councilmember Smith abstaining. 6. Consideration of approval of conversion of the PWC Administration Building Reserve fund to the Administration Building Capital Project Fund. City Manager Roger Stancil presented this item. Mr. Stancil gave background information and recommended that because City Council has stopped the process on the Administrative Building, a motion be made to proceed with this project as in any other design project. Mr. Stancil requested that three items be added to the motion. Councilmember Worthy moved to proceed with the PWC project to include the City logo, with the following stipulations: 1. Authorize PWC to proceed with design, including review by the Appearance Commission. The review is critical because of the "gateway" nature of the project; 2. Require that the proposed schematic design and estimated turnkey project budget be returned to Council for authorization to proceed to bid; and 3. Require any construction contract to come back to Council for award. Councilmember Talbot seconded the motion and it carried unanimously by a vote of 12 to 0. 7. Consideration of scope of services for contract with Attorney Jerry Wilson, consultant on election process. City Manager Roger Stancil presented this item. Mr. Stancil stated he had received a proposed scope of services from Mr. Jerry Wilson and Mr. Wilson's first task would be to meet individually with each councilmember and then he would begin to develop his work program. Mr. Stancil requested the Council authorize him to negotiate a contract on the basis of the proposed scopes of services at a rate of $150 per hour. Councilmember Kendrick moved to authorize the City Manager to negotiate the proposal, seconded by Councilmember Worthy. Councilmember Milligan suggested that a cap be placed on the dollar amount of the contract. Mr. Stancil recommended a possible cap of $20,000, with the stipulation that Mr. Wilson would come back to the Council with a work schedule after his interviews with each councilmember and he would give an estimate of the costs of the project. Mayor Dawkins stated that this should become a part of Councilmember Kendrick's motion. A discussion was held regarding the estimated time frame and funding for the project. Councilmember Cheek requested that more information be given on the equal access of community leaders and their participation in the public hearings to be held. City Manager Roger Stancil stated that work must be done to adjust for the June 30, 1998 annexation and he thought the Council should let Mr. Wilson know what issues they wanted him to address. Further discussion was held on the compression of the scope of services with Mayor Pro Tem McBryde stating that $20,000 is a small amount in comparison to what it would cost to get this process done. Councilmember Cheek moved to excuse Mayor Pro Tem McBryde while he was out of the room, seconded by Councilmember Worthy and carried unanimously by acclamation. Mr. McBryde returned to the room. City Attorney Robert Cogswell explained the tasks which would have to be done by Mr. Wilson and he explained this was very much a number crunching process. Councilmember Williams questioned whether there was a need for public input. Mr. Stancil stated the Department of Justice required that public input be a part of the process in order to ensure voting rights are not violated. Councilmember Smith expressed his opinion that the three-member three-district multi-district option should be reviewed again for both long-term decisions and to defer future costs to the citizens of Fayetteville. Mayor Dawkins called for the vote and the motion carried unanimously by a vote of 12 to 0. 8. Consideration of acquisition of parcels for U.S. Army Airborne and Special Operations Museum site. Councilmember Kendrick moved to go into closed session for the purpose of discussing acquisition of property, seconded by Councilmember Haire and carried by a vote of 12 to 0. The closed session began at 8:21 p.m. and the regular session resumed at 8:33 p.m. City Attorney Robert Cogswell recommended the Council purchase Parcel No. AA0122, the Joel Fleishmann Revocable Trust Property, for $270,955, subject to all the conditions set out in the letter dated February 3, 1998. Mayor Pro Tem McBryde moved to approve the purchase, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. Mr. Cogswell recommended the purchase of Parcel No. 3254, the Dupree Family Property, for the amount of $6,031 Mr. Cogswell stated the City would be responsible for spending up to $1,500 to do environmental clean-up and if the costs were more, the Dupree family would be responsible for the balance of the cost of any clean-up. Councilmember Massey moved to approve the purchase, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. Mr. Cogswell recommended the Collins property, Parcel No. AA1160 and CC3643, be purchased for the amount of $105,000 with the condition that the church currently occupying the property could stay on the property rent-free until the end of December 1998. Councilmember Worthy moved to approve the purchase, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. Mr. Cogswell stated that all taxes on all these purchases would be prorated. 9. APPOINTMENTS: A. Election of nominee to fill one vacancy on City Planning Commission. Mr. Charles Matthews was appointed to fill in a vacancy, which will expire July 1998, upon the motion of Councilmember Worthy, seconded by Councilmember Haire and carried unanimously by a vote of 12 to 0. B. Election of nominee to fill one vacancy on Personnel Review Board. Captain Benjamin Webb was appointed to a two-year term to expire 1999 by a unanimous vote. C. Election of nominee to fill one vacancy on Wrecker Review Board. Mr. Michael Royal was appointed as Chairman of the Wrecker Review Board for the term expiring in October 1999 on the motion of Councilmember Kendrick, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. A video was presented to Council, which showed the traffic congestion in the City of Fayetteville. A discussion was held regarding Council's concern. City Manager Roger Stancil stated that the solution is not in the building of more roads but rather in better planning. Mayor Pro Tem McBryde moved to adjourn, seconded by Councilmember Kendrick. Councilmember Smith requested to be excused from the meeting on February 23, 1998. Mayor Pro Tem McBryde withdrew his motion and moved to excuse Councilmember Smith. Councilmember Kendrick moved to be excused and Mayor Dawkins announced that Councilmember Fogleman would be absent also due to her attendance to a school in Chapel Hill. City Attorney Robert Cogswell stated that he would like to have it put in the record that the Fleishman property would be free and clear of any encumbrances to include deeds of trust or anything else. Mayor Dawkins stated there was a motion on the floor. Mayor Pro Tem McBryde moved to excuse Councilmembers Smith, Fogleman and Kendrick from the February 23, 1998, meeting, seconded by Councilmember Haire and carried by a vote of 9 to 0 with Councilmembers Smith, Fogleman and Kendrick not voting. Councilmember Cheek moved to amend the actions taken on the acquisition of museum properties to include that all the properties would be free and clear of any encumbrances to include liens and deeds of trust, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. 10. ADMINISTRATIVE REPORTS A. Report on plan for black pots on Hay Street. INFORMATION ITEMS: 1. Thank you note from Mrs. Etrue Piner. 2. Approve tax refunds less than $100. Name Year Basis Amount Devino, Russell Floyd 1997 Military Non-Resident $32.18 Total $32.18 3. Statement of taxes collected for the month of January, 1998, from the Cumberland County Tax Collector. 1997 Taxes $4,125,023.63 1997 Vehicle Taxes 199,478.71 1997 Revit 11,316.56 1997 Vehicle Revit 106.08 1997 FVT 26,435.25 1997 Storm Water 260,143.56 1996 Taxes 23,101.34 1996 Vehicle Taxes 20,428.94 1996 Revit 0.27 1996 Vehicle Revit 2.72 1996 FVT 2,815.63 1996 Storm Water 1,990.09 1995 Taxes 5,260.22 1995 Vehicle Taxes 184.42 1995 Revit 7.16 1995 Vehicle Revit 0.00 1995 FVT 55.00 1995 Storm Water 865.32 1994 Taxes 2,290.38 1994 Vehicle Taxes 72.30 1994 Revit 0.00 1994 Vehicle Revit 0.00 1994 FVT 25.00 1993 And Prior Taxes 836.31 1993 Vehicle Taxes 0.00 1993 And Prior Revit 0.00 1993 & Prior Vehicle Revit 0.00 1993 & Prior FVT 2.54 Interest 17,350.54 Interest (Revit) 75.04 Interest (Storm Water) 1,254.09 Fayetteville Discount 15.94 Revit. Discount (0.00) Total Collections $4,699,137.04 4. Memo from PWC Manager regarding availability of NCNG Gas for Phase III-A Annexation Area Gas Service. 5. Update on Traffic Calming Islands on Fargo Drive. 6. Update on Seat Belt Usage Program in Fayetteville. 7. Planning Services Division monthly report. (Inserted in packet) 8. Police Department - Professional Standards monthly report for the month of January, 1998. 8. Redevelopment Commission - minutes of December 10, 1997 and January 21, 1998. 10. PWC - minutes of Wednesday, January 28, 1998. 11. Information regarding Cumberland County Animal Control. The meeting adjourned at 9:10 p.m. INFORMATION MEETING FEBRUARY 23, 1998 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 23, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Curtis Worthy (District 7); Donald G. Talbot (District 8); Absent: Anne D. Fogleman (at-large) (excused) Mark C. Kendrick (District 6) (excused) J. Wick Smith, Jr. (District 9) (excused) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet C. Jones, City Clerk Jason Brady, Public Information Officer Robert Barefoot, Recreation/Community Facilities Director Victor Sharpe, Planning Division Manager Tom McNeill, PWC Real Estate Terrie Hutaff, Interim Personnel Director Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Massey, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins announced the Character Education Concept for February 1998 was trustworthiness. 1. APPROVAL OF AGENDA City Attorney Robert Cogswell requested that in Item 9, the word "leave" be changed to read "lease" and that Item 9B be added to discuss the acquisition of property for the Airborne Museum. Mayor Pro Tem McBryde moved to approve the agenda with the change and the addition, seconded by Councilmember Worthy and carried unanimously by a vote of 9 to 0 with Councilmembers Smith, Fogleman and Kendrick excused. 2. Presentation on activities of Fayetteville United. Ms. Linda L. Allan, and Raymond Shipman, Co-Chairs of the Fayetteville United (United Initiative to Eliminate Discrimination), presented this item. They stated their purpose was to bring everyone up-to-date on the progress of this group. Ms. Allan stated the Fayetteville United's goal was to improve the quality of life for all residents through dialog and united actions that would eliminate racial discrimination in the community. She reviewed the Rules of Conduct being used by the group that had enabled them to focus on their vision and mission. Mr. Raymond Shipman stated the goals had been set, the obstacles identified, the issues selected and the problems were now in the process of being defined and analyzed. Mr. Shipman stated it was his opinion the biggest problem was the fear of the unknown. Ms. Allan and Mr. Shipman stated that Fayetteville United would be partnering with Metro Vision and the Human Relations Commission in dealing with community problems, working with the National Civic League and National Studies Circle Foundation and holding a community leadership summit in the fall. Councilmembers expressed their thanks and appreciation for all that had been accomplished and offered their assistance in working and forming a partnership with Fayetteville United. 3. Presentation regarding economic development and the Fayetteville Area Economic Development Corporation. Mr. Danny Fore, Executive Director of the Fayetteville Area Economic Development Corporation (FAEDC) addressed the Council and explained that economic development is the creation of wealth by the attraction of "new" dollars which are created by attracting basic jobs to the community. Mr. Fore stated that basic jobs are those that produce a product or service which is sold outside of the community. Mr. Fore gave an overview of the organizational structure of the FAEDC to include a breakdown of the work program of each committee within the organization. Mr. Mac Healy, president of FAEDC also addressed the Council. During a question and answer period, Mr. Fore stated he felt the biggest problems in the Fayetteville area were community image, crime problems, and a lack of east-to-west transportation. 4. Consideration of approval of License Agreement between Public Works Commission and Bell South Carolinas PCS for antenna and equipment cabinet location and operation at the Cliffdale Road elevated water tower. Mayor Pro Tem McBryde moved to approve the license agreement, seconded by Councilmember Worthy and carried unanimously by a vote of 9 to 0, with Councilmembers Smith, Fogleman, and Kendrick excused. 5. Presentation on equal employment opportunity strategic plan. Ms. Terrie Hutaff, Interim Director of the Human Resources Department, presented the equal employment opportunity strategic plan. Ms. Hutaff stated the goals were to have a City workforce that reflected the community and a personnel system and program that would administer fairly to all employees. Ms. Hutaff explained that parity was the percentage that the group represents in the total Cumberland County labor force by EEO category as determined by the Employment Security Commission labor statistics. A review was given of the EEO jobs and race categories. Ms. Hutaff gave an analysis of city-wide recruitment and selection. Her report was stated as follows: 1. Recruitment and Selection Citywide Analysis 1. Males meet or exceed parity goals in all EEO categories. 2. Females meet or closely meet in three EEO categories. 3. Black and white females are areas of greatest under-utilization. 2. Officials and Administrators 1. Black, White and Asian/Pacific Islander males exceed parity goals 2. Black males: +10 percent. 3. White males: +20.8 percent. 4. Asian/Pacific Islander: +1.3 percent. 5. Black and White females are below the parity goals. 6. Black females: -6.1 percent. 7. White females: -22.5 percent. 8. White females are the greatest area of under-utilization. 3. Professionals 1. Black, White and Hispanic males exceed parity goals. 2. Black males: +8.4 percent. 3. White males: +36.8 percent. 4. Hispanic males: +1.3 percent. 5. Black and white females are below parity goals. 6. Black females: -15.9 percent. 7. White females: -30.2 percent. 8. Hispanic females: -1.7 percent. 9. White females are the greatest area of underutilization. 4. Protective Services 1. Black, White and Asian/Pacific Islander males exceed parity goals. 2. Black males: +.4 percent. 3. White males: +4 percent. 4. Asian/Pacific Islander males: +1.7 percent. 5. Black and White females are below parity goals. 6. Black females: -3.4 percent. 7. White females: -3.0 percent. 8. Overall, the Protective Services category best meets the parity goals. 9. Highest percentage exceeding parity at 4 percent. 10. Highest percentage below parity at 3.4 percent. A discussion was held regarding EEO classifications, the City's recruitment process, whether the City's job classifications are outdated, and the determination of racial categories within the City staff. Councilmember Kizer requested information on the City's job classifications and how these classifications were determined. 6. Discussion of 2010 Land Use Plan. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated it was his opinion that overall the 2010 Plan was good but there were problem areas that needed to be amended. He recommended the amendment of the areas in the map which were inconsistent with the current plan and that all future zoning changes be concurrently amended on the map. Mr. Sharpe recommended that in the near future the 2010 Plan be completely updated to reflect the City's future growth needs. Discussion was held regarding the likelihood of a two-to-three-year time frame before a complete update could be done of the 2010 Plan, the need for a major study of the downtown area, the need for additional staff to do long-range planning, the costs of continuously changing the 2010 map, and the location and number of areas that need to be studied in-depth for possible rezoning. Councilmember Cheek requested that a prioritized list of the areas that need to be studied be prepared for the Council before their budget meetings began. She also asked that feedback regarding the Council's zoning actions be relayed to the Zoning Commission through their minutes. Councilmember Williams stated he did not think the 2010 map was relevant because it did not reflect high traffic counts or where zoning requirements might change at a later date. Mayor Pro Tem McBryde stated he felt a difference of opinion between the Council and Zoning and Planning Commissions was good and in his opinion, with all the things the Planning staff had been given to do, he felt that if it took three years to change the map, that would be doing a good job. Mayor Pro Tem McBryde stated that the reason the City was not with the Joint Planning Board was because the City Council could never get area studies done. Mr. Sharpe stated the staff was addressing the issue that the 2010 Plan followed zoning lines as opposed to the recommended uses based on the way the community or neighborhood was changing. 7. Update on bond projects. Assistant City Manager Jimmy Teal gave the 1994 bond report. The following information was presented: 1. 1994 Bond Report - Bond Issues & Amount Street $16,000,000 ($3,000,000 included for railroad track switch) Drainage 8,000,000 Sidewalks 3,000,000 Fire Station 1,000,000 Total $28,000,000 2. Funds Obligated Street $6,788,868 42% Drainage 4,280,811 54% Sidewalk 1,059,629 35% Fire Station 1,000,000 100% Total $13,129,308 3. Percentage of Projects Complete Streets Projects: - Soil 16% - Intersections 14% - Railroad Crossings 29% - Resurfacing 88% - Reconstruction 39% 4. Percentage of Projects Complete Drainage 33% Sidewalks 50% Fire Station 95% Mr. Teal gave an in-depth report of the status of the City's different projects. He stated the staff's future considerations would be to prioritize the remaining projects and to investigate other funding sources. 8. Presentation of Fayetteville Regional Airport Video. 9. A. Consideration of resolution authorizing City Manager to execute Lease with Fayetteville Publishing Company, Inc., for property located at 512 Hay Street. City Attorney Robert Cogswell presented this item. He recommended authorizing the City Manager to execute the lease for one year with no renewals. RESOLUTION AUTHORIZING LEASE OF CITY OF FAYETTEVILLE PROPERTY TO FAYETTEVILLE PUBLISHING COMPANY. RESOLUTION NO. R1998-021. Councilmember Talbot moved to approve, seconded by Councilmember Worthy and carried unanimously by a vote of 9 to 0 with Councilmembers Smith, Fogleman, and Kendrick excused. Discussion of acquisition of property for the U.S. Airborne Museum. City Attorney Robert Cogswell stated that Bell South had abandon a lease on the property located on the northeast corner of Davies Street and Bragg Bouvelard (Parcel 1558) and he recommended authorizing the Mayor to execute a document to terminate that easement. Mayor Pro Tem McBryde moved to authorize the Mayor to execute the document, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0 with Councilmembers Smith, Fogleman, and Kendrick excused. Mayor Pro Tem McBryde moved to adjourn the meeting, seconded by Councilmember Worthy and carried unanimously by vote of 9 to 0 with Councilmembers Smith, Fogleman, and Kendrick excused. INFORMATION ITEMS 1. Summary of renovations occurring at the Fayetteville Regional Airport. 2. Information on recycling conference. 3. Update on downtown projects. 4. Roll'Rz Band information calendar. 5. Information from Stantonsburg Town Council regarding electric deregulation and stranded costs. 6. FACVB - minutes of January 15, 1998. The meeting adjourned at 9:28 p.m. REGULAR MEETING MARCH 2, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 2, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet C. Jones, City Clerk Jason Brady, Public Information Officer Kathy McPhail, Risk Management Director Victor Sharpe, Planning Division Manager Craig Hampton, Administrative Services Director Steve Blanchard, PWC Director Mick Noland, PWC Water and Sewer Department James Rose, PWC Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Chaplain Charles T. Towery, Captain of United States Air Force, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced the Character Education Concept for March 1998 was Fairness. 1. APPROVAL OF AGENDA City Manager Roger Stancil presented the agenda. Mr. Stancil requested to add Item 13, acquisition of property for the U.S. Airborne Museum, and Item 14, settlement of condemnation of right-of-way on Brown's Lane. Mr. Stancil stated that Item 2.C had the correct back-up but the word "prohibit" needed to be changed to "remove" in order to allow people to park in the area. Councilmember Massey moved to approve the agenda with the additions of Items 13 and 14 and the change in Item 2.C, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. 2. CONSENT: City Manager Roger Stancil requested to pull Item 2.B because he wanted to change his recommendation for action. Councilmember Williams requested to pull Items 2.F and 2.H. Mayor Pro Tem McBryde moved to approve the consent agenda with the exceptions of Items 2.B, 2.F and 2.H, seconded by Councilmember Massey and carried unanimously by a vote of 12 to 0. The following items were unanimously approved. A. Adopt resolution pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Property of Carroll Avenue Associates - this property is a recently-created island area located on the northern side of Law Road, between Carroll Avenue and Longview Drive). (Recommended Public Hearing Date is March 16, 1998) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA. PROPERTY OF CARROLL AVENUE ASSOCIATES (ROBERT R. INGRAHAM, GENERAL PARTNER) (THIS PROPERTY IS A RECENTLY CREATED ISLAND AREA, LOCATED ON THE NORTHERN SIDE OF LAW ROAD, BETWEEN CARROL AVENUE AND LONGVIEW DRIVE). RESOLUTION NO. R1998-022. B. Pulled by City Manager Roger Stancil. C. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, to prohibit parking on Ashboro Street from Buena Vista Drive to its End. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 11 - PARKING PROHIBITED - ASHBORO STREET). ORDINANCE NUMBER NS1998-010. D. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, to add a twenty minute loading zone on Hay Street in front of Radisson Prince Charles Hotel - Traffic Schedule Number 10. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 11 - LOADING ZONES - HAY STREET). ORDINANCE NO. NS1998-011. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 10 - PARKING PROHIBITED - HAY STREET). ORDINANCE NO. NS1998-012. E. Rescind demolition ordinance adopted February 2, 1998, for property located at 1318 Coley Drive and adopt new demolition ordinance for same property. (Corrected legal description) 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. ORDINANCE NO. NS1998-013. This ordinance rescinds Ordinance No. NS1998-006, which was passed on February 2, 1998. A copy of foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1998. F. Pulled by Councilmember Williams. G. Approve option to purchase additional units, and purchase four (4) Type 9 Padmount Switching Cabinets from Power Supply, Inc. Original bid award approved by Commission (1/28/98) and Council (2/2/98) provided for purchase of additional units within a one- year period, in the amount of $42,464.00. H. Pulled by Councilmember Williams. B. Approve Municipal Agreement with NC DOT for replacing railroad signal on Village Drive at Robeson Street. City Manager Roger Stancil stated he was still recommending approval of the municipal agreement but he was recommending that instead of allocating funds from the Kinlaw/Ramsey Street traffic Signal Project, that Council authorize the City Manager to appropriate $9,000 from the contingency account and the Transportation Capital Project Ordinance to pay for the project. Councilmember Kizer inquired about the funds for the 50 percent maintenance fee and inquired if the $9,000 would be the full amount to be spent on the project. Mr. Stancil responded a design would be done and the project would come back to Council for their decision as to whether to proceed with the project based on its cost. He stated the maintenance fee would come out of the Traffic Services Maintenance budget. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION. RESOLUTION NO. R1998-023. Councilmember Kendrick moved to follow Mr. Stancil's recommendation to transfer funds, seconded by Councilmember Milligan and carried unanimously by a vote of 12 to 0. F. Authorize advertisement for upset bids for the sale of a twenty foot parcel on Willborough Avenue. Councilmember Williams asked how long the City had had possession of the property. Mr. Stancil stated since 1979. Mr. Williams stated he would like to see the City sell its surplus property. Mayor Pro Tem McBryde moved to authorize advertisement for the upset bid, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. H. Approve award of purchase contract for one each 12 cubic yard dump truck to Smith International (Fayetteville, NC), in the amount of $64,042.09, with the performance bond cost included. Councilmember Williams inquired as to what payment would be made prior to delivery. Mr. Stancil stated no invoice would be issued until delivery and payment was not due until 10 days after issue of invoice. Councilmember Kizer moved to approve, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. 3. Consideration of request to address City Council regarding the P.A.L. Boxing Program. Ms. Norma Currie, 912 Rodie Avenue, addressed the Council and asked for reconsideration of their February 2, 1998, vote approving the children's boxing program. Ms. Currie stated her objections to the program and requested that the funds be spent in other sports activities for the children. Mr. Keith A. Whitten, 6709 Hoswick Court, appeared in favor of the boxing program and stated his reasons for going ahead with the implementation of the program. A discussion was held discussing the safety issues. City Manager Roger Stancil stated the program was for amateur boxing and would be done with the proper equipment in a safe environment. Mr. Stancil also stated the project had been reviewed by the Risk Management Department and any negligence of a City employee would be covered and any medical injuries of a participant would be covered by individual insurance as in other sports program throughout the City. A discussion was held regarding the insurance coverage. Kathy McPhail, Risk Management Director, explained that a waiver would be signed releasing the City from liability and the registration fee would include a fee for $1,000 in insurance coverage to take care of any medical injuries. Ms. McPhail stated this program would operate like all other sports programs in the Parks and Recreation system. 4. Consideration of request from the Twenty-Third Annual Craftsmen's Spring Festival for permission to allow temporary off-premises signs. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Planning staff recommended approval of the special use permit for signs with the condition the signs not be placed on any public right-of-way and that permission be received from the property owners. Mr. Sharpe requested the sign locations listed on the petition as numbers 10, 13, 14, 15, 26, 17, 18, 30 and 40 not be approved. He stated these locations are either railroad rights-of-way or other public rights-of-way. Councilmember Worthy moved to approve the ordinance and allow the signs for the duration period they requested. Mayor Pro Tem McBryde inquired as to whether this would include all signs which was his recommendation. Councilmember Worthy replied in the affirmative. Councilmember Talbot seconded the motion. Councilmember Cheek made a substitute motion that the signs be approved but to leave out the ones that staff had requested to leave out, to include numbers 10, 13, 14, 15, 26, 17, 18, 30 and 40. Councilmember Cheek stated she had seen these signs placed where they were a public safety hazard. Mayor Pro Tem McBryde stated this was an opposite to the original motion and therefore could not be made. Councilmember Cheek stated it was an amendment to the motion. Mayor Dawkins asked City Attorney Robert Cogswell to address the issue. Mr. Cogswell stated it was his opinion the motion equated to an opposite motion because of the way it was stated, and the original motion would have to be dealt with first. He also pointed out that this was a permit and not an ordinance as stated in Councilmember Worthy's motion. Councilmember Worthy accepted the suggested change in his motion, seconded by Councilmember Talbot. Councilmember Smith inquired as to why there had been a recommendation to leave out some of the signs. Mr. Sharpe stated the ones that were being eliminated were on either railroad or public rights-of-way and the City's ordinance addressed only City street rights-of-way. Councilmember Smith further inquired as to whether the organization requesting the signs was a for-profit or non-profit organization. Mr. Sharpe stated he thought it was a for profit but he was not positive. Mr. Smith inquired as to whether the approval for this item would be a precedent which could set the standards for any other for-profit organizations to request placement of signs around town. Mr. Sharpe stated the ordinance did not address the profit versus non-profit issue, but whether it was a major event. Councilmember Smith stated there was a distinction in his mind. Councilmember Williams inquired as to whether anyone had visually checked these signs on these sites. Mr. Sharpe stated in the negative. Councilmember Kendrick stated he did not support putting any sign in any public right-of-way and he felt that all organizations should be treated the same. Mayor Pro Tem McBryde stated the right-of-way needed to be added to the ordinance before the City could enforce it because the ordinance only addressed street rights-of-way, not railroad rights-of-way. Councilmember Talbot stated he did not see any problem with the railroad rights-of-way and he supported the motion. Councilmember Kizer stated the Council had no right to give permission to put up signs in an area where the Council has no authority. The City does not own the railroad rights-of-way and cannot dictate that someone can put a sign up on the railroad's property. Mr. Kizer stated it was his opinion these signs should not be put up at all. Mr. Sharpe stated the ordinance gives the Council the right to issue the permits, but it only addresses street rights-of-way and he believed the Council could give permission to put up all of the signs but the property owner must also give permission. Councilmember Kizer inquired of Mr. Stancil whether the City would have the purview to take up the signs if permission had been given to put them up. Mr. Stancil responded he felt it might be right to consider not putting signs up in the railroad right-of-way because it was private right-of-way and the City could not clean or use property without an owner's permission. Mr. Stancil further stated if the railroads were eliminated, there would only be two sites left and those sites would be Numbers 10 and 26. Mayor Dawkins stated he felt Councilmember Kizer was correct about the railroad right-of-way. The City has no right to the property, and he felt the ones in question were up to the applicant and the railroad. Mayor Dawkins inquired of Mr. Cogswell whether the motion should be cleared of the railroad properties. Mayor Pro Tem McBryde stated numbers 13, 14, 15, 17, 18, 30 and 40 could be removed from the motion. Mr. Cogswell agreed. Councilmember Worthy agreed to remove them from his motion and numbers 10 and 26 would be left in the motion. Councilmember Massey called the question. Councilmember Cheek requested clarification of the original motion. Mayor Dawkins restated the motion was for the approval of all the areas approved by the staff with the addition of 10 and 26. Councilmember Cheek asked if this included the conditional statements. Mr. Sharpe stated the staff had requested that the permit be conditional on the owners giving permission for the signs. Councilmember Cheek asked if this was part of the motion. Mr. Worthy stated in the affirmative. Mayor Dawkins called for the vote on the discontinuing of discussion and the motion carried by a vote of 8 to 4. Councilmember Cheek again requested clarification of the motion. Mr. Sharpe stated the staff's recommendations were that the permit be granted with the condition that no sign would be placed on any public right-of-way and permission was received from the property owner for each sign location. Mr. Worthy stated that was his motion with the inclusion of Numbers 10 and 26. Mayor Pro Tem McBryde stated the motion did not include the condition not to place on the public right-of-way because two public rights-of-way had been added. Mayor Dawkins inquired of Councilmember Worthy whether his motion included the condition where the person would have to seek and have permission of the private property plus numbers 10 and 26. Mr. Worthy stated that the property owners must be contacted for their permission. Mayor Dawkins called for the vote on the motion. The vote on the motion was six in favor and six in opposition. Councilmembers Talbot, Worthy, McBryde, Milligan, Haire and Williams voted in favor. Councilmembers Smith, Check, Kendrick, Fogleman, Kizer and Massey voted in opposition. Mayor Dawkins cast the tie-breaking vote in opposition to the motion and the motion failed by a vote of 7 in opposition to 6 in favor. Mayor Pro Tem McBryde moved to approve the recommendation of the Planning staff leaving out 10 and 26, seconded by Councilmember Kendrick. Councilmember Smith stated that approving this motion would set a precedent of any private entity which was doing a show in town being allowed to place signs throughout the town and a vote yes for this motion would enable this to be done and in the future, everyone would have to be treated fairly. Mayor Dawkins called for the vote. The motion carried by a vote of 9 to 3 with Councilmembers Kizer, Fogleman, and Smith in opposition. Councilmember Kendrick inquired as to what would happen if these signs ended up in the public right-of-way. Mr. Sharpe stated they would be taken up by the Inspections Department if they were in a City right-of-way. A discussion was held regarding the disposition of the signs. City Manager Roger Stancil stated the signs would be destroyed by the City if they were picked up by the City. 5. Consideration of the following actions related to the Police Administration Building: A. Rescind previous award of construction contract to Access Controls, Inc., for security and access system for Police Administration Building. Mr. Stancil recommended approval of the construction change order in the amount of $98,522.00 to Player, Inc., Fayetteville, NC, for an Access and Security System for the Police Administration Building. B. Award of change order to Player, Inc., to add the security and access system for the aforementioned project. City Manager Roger Stancil presented this item. Mr. Stancil explained that a contract for an Access and Security System for the Police Administration Building had previously been awarded (1/5/98) to Access Control Consultants, Inc. Access Control Consultants, Inc., was unable to meet the bonding requirements for this project in a timely manner. Player, Inc., the general contractor, had agreed to allow Access Control Consultants, Inc., to perform the work on this project as their subcontractor and cover the bond requirements of this project. This agreement will be at no additional cost to the City. Councilmember Kendrick moved to approve both A. and B., seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. Mayor Dawkins recognized former City Councilmember Jim Smith. Mr. Smith was in the audience. 6. Consideration of approval of the following actions related to the Drake Park/Welmar/Evergreen Estates utilities installation project. A. Update of project. Mr. Chuck Donnell, project manager of the Rose Group, presented a status report on the storm drainage, water improvements, and sanitary sewer projects in the Drake Park contract area Welmar Heights, Evergreen Estates East, and Evergreen Estates West subdivisions. B. Authorize City Manager to sign Corps of Engineers wetland permit, in the amount of $98,522.00. Councilmember Kendrick moved to authorize the City Manager to sign the Corps of Engineers wetlands permit, seconded by Councilmember Cheek and carried unanimously by a vote of 12 to 0. 7. Consideration of rejection of bids received for construction of Fire Station Number 8. City Manager Roger Stancil recommended rejection of all bids received on this project. Mr. Stancil based his recommendation on the fact the total of all log bids received exceeded the projected cost and budget by approximately 20 percent or almost $200,000. Mr. Stancil stated this building had been budgeted and planned at $130 per square foot and the low of bid had resulted in a cost of $155 per square foot. The staff attempted to reduce the current bids by considering deletions of the various features of the building but it resulted in only a $25,000 reduction in cost. Mr. Stancil recommended reducing the total cost of the building by: 1. Using the current design that had been approved by Council. The committee would work with the architect to make changes in the plans and specifications that would more likely result in a per square foot cost that met the current budget. In addition to the aforementioned deletions, the staff would also solicit suggestions for cost reductions from all bidders; or 2. Totally redesigning the building. Mayor Pro Tem McBryde moved to reject the bids, seconded by Councilmember Kendrick. Councilmember Kizer inquired whether redesigning would cost the City extra money. Mr. Stancil replied the redesigning was part of the contract to meet our budget, and he was not anticipating any extra costs. Mayor Dawkins called for the vote on the motion and it carried unanimously by a vote of 12 to 0. Mayor Dawkins stated the Council would be facing a lot of challenges because of the increased construction in Cumberland County, and the Law of Supply and Demand would effect all community projects in the future. 8. Consideration of authority to proceed with completion of Eufaula Street acquisition project. City Manager Roger Stancil presented this item. Mr. Stancil stated that on December 15, 1997, the City staff was authorized to proceed with this acquisition project not to exceed $705,900 and to renew the request to the County to assist with the project. The request to the County was discussed at the January City-County Liaison Committee meeting. Mr. Stancil requested the Council authorize him to proceed with the acquisition and to make the budget revisions to complete this project administratively, not to exceed the original proposal of $905,900. Councilmember Talbot moved to approve, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. 9. Discussion of proposed extension of Cochran Avenue to connect with Rosehill Road. (Requested by Councilmember Massey) Councilmember Massey stated there had been a request made to him to open this area up for additional traffic and he wanted to know what could be done to facilitate the project to extend the street. Assistant City Manager Jimmy Teal stated this would be a costly project due to the big Cross Creek. He expressed concern about the increase in neighborhhod traffic and recommended that the Transportation Committee look at this issue. Councilmember Massey stated he would like to see neighborhood input and would like to have the cost recommendations for the project. Councilmember Haire moved to send this issue to the Transportation Committee, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. Mayor Dawkins announced that four City of Fayetteville meetings were going to be held to obtain feedback from the citizens regarding services, concerns, or other areas of interest. The meetings will be held from 9 a.m. to 12 noon. Mr. Stancil stated that PWC will also be participating in the meetings. 10. Consideration of elimination of subsidy for commercial garbage service with the exception of rollout containers to be effective as soon as possible. (Requested by Councilmember Paul Williams). Councilmember Williams requested this item be placed on the agenda. He made a motion to eliminate the subsidy for commercial garbage service, the exclusion of multifamily residential complexes from this motion, and to allow the continuance of dumpster pickup and to allow the businesses and to allow the businesses to have a roll-out like the rest of the City. Councilmember Talbot seconded the motion and added a three-month phaseout time frame. Councilmember Williams stated the effective date should be July 1, 1998. Councilmember Talbot agreed with this deadline. Councilmember Smith stated he felt the subject needed further study, and he would like to see the decision made during the budget process. Mayor Pro Tem McBryde stated he felt the staff needed to look at using roll-outs instead of dumpsters in apartment complexes. He stated he felt the issue was too complex for a decision tonight. Councilmember Kendrick concurred and stated he felt it should be done during the budget process. Councilmember Williams stated that doing it during the budget process would not give businesses enough time to adjust, and he felt it should be effective July 1, 1998, when the ARS contract ran out. Councilmember Milligan asked for guidance from the City Manager regarding what Fayetteville should do, because she felt it was time to make a decision about being the only City in the state to subsidize garbage pickup. City Manager Roger Stancil stated his concerns were what effect the City being in the market was having on the situation and the part of the motion dealing with the roll-outs being furnished to everyone. Mr. Stancil stated it was his opinion this would be more expensive than the subsidy itself. He stated he felt there was a need for bulk containers, but the question which needed to be addressed was whether the City needed to subsidize bulk garbage pickup or not. Mr. Stancil said he felt there should be a transition time and if the request for proposal was done, it would answer the question of the future costs to the City. Councilmember Talbot stated he would like to withdraw his second to the original motion. Councilmember Williams stated he would like to change his motion to read that the subsidy would be eliminated with no roll-outs to be provided and it would be effective July 1, 1998. Councilmember Talbot seconded the amended motion. A discussion was held regarding the impact of removing the subsidies on institutional pickups and the effect of not holding public hearings. Mayor Pro Tem McBryde stated that he felt the way to do this was for the Council to set the policy and then to direct the staff to come back with a solution. He stated he did not mind cutting the subsidy but he felt the City Council should set the policy and the City Manager should run the government. Further discussion was held. Councilmember Fogleman called for the question and the motion passed by a vote of 11 to 1 with Councilmember Massey in opposition. Mayor Dawkins called for a vote on the amended motion and the motion failed by a vote of 4 in favor and 8 in opposition. Councilmember Worthy, Milligan, Williams and Talbot voted in favor and all other members present voted in opposition. Councilmember Worthy moved to take the elimination of a subsidy and direct the staff to study it and come back with recommendations within 45 days, seconded by Councilmember Milligan. A discussion was held regarding input from the business sector, the cost of a possible tax increase versus the cost of a subsidy, and using a procedure that would create a minimum of disruption to the quality of life in the community. Mayor Dawkins called for the vote on the motion and the motion carried unanimously by a vote of 12 to 0. 11. Consideration of elimination of the advertisement for the regular scheduled City Council meetings. (Requested by Councilmember Paul Williams) Councilmember Williams stated he had requested this item because he felt the advertisement of the agenda for City Council meetings was an unnecessary expenditure. He moved to eliminate advertising with the local newspaper in lieu of advertising on no-charge Cablevision. Councilmember Worthy seconded the motion. Councilmembers Smith and Massey and Mayor Pro Tem McBryde expressed their opposition to this motion because it would eliminate informing the public about City government. Councilmembers Worthy, Haire, and Williams expressed their support for looking into other vehicles to save tax dollars in the tax budget. A discussion was held regarding the other advertising done by the City, keeping the public informed, the anticipated outrage of the citizens, and the reaching of sources through advertisement. Mayor Dawkins called for a vote on the motion to discontinue the advertisement of the agenda. The motion failed by a vote of 4 in favor to 8 in opposition. Councilmembers Worthy, Talbot, Williams and Haire voted in favor of the motion. All other members present voted in opposition. Councilmember Worthy requested that a letter be written to the Fayetteville Publishing Company asking that the agenda be published at no cost. Mayor Dawkins stated he would prefer this item be placed on the agenda for discussion. Councilmember Cheek requested that an agenda item be set up discussing the need for work sessions to come up with money saving ideas to be used in the budget process. Councilmember Kendrick stated he felt Council needed to work with the staff regarding agenda items. He stated he felt the City staff needed to be included in the process. 12. ADMINISTRATIVE REPORTS A. Report on driveway manual. City Manager Roger Stancil reported work was being done on a uniform driveway manual for use by both the City and the County. 13. Consideration of acquisition of property for the U.S. Airborne Museum site. City Attorney Robert C. Cogswell recommended acquiring two parcels from Johns Brothers subject to a lease with Fayetteville Publishing Company, which would expire on December 31, 1998, for the amount of $75,000. Councilmember Kendrick moved to approve the purchase, seconded by Councilmember Worthy, and carried unanimously. Mr. Cogswell recommended acquiring the parcel owned by Joseph P. Zahran and Sally Zahran for the amount of $11,500. Councilmember Talbot moved to approve the purchase, seconded by Councilmember Cheek, and carried unanimously. 14. Consideration of acquisition of right of way and a temporary easement on Brown's Lane. Mr. Cogswell recommended settling the condemnation lawsuit, City of Fayetteville vs. C. M. Turlington, Mary Lou Turlington, Roy S. Langdon, Faye W. Langdon, James D. Broglin and Norma C. Broglin, 98 CVS 934, for the amount of $2,100. Councilmember Kendrick moved to approve, seconded by Councilmember Haire, and carried unanimously. INFORMATION ITEMS 1. Report on tax refunds less than $100. Name Year Basis Amount Triplett, Patrick Wade 1996 Error in original refund amount $36.00 Total $36.00 2. Letter from State Demographer showing City's Final Certified Estimate of Population.(113,231) 3. Speed Studies on Glensford Drive.(Requested by Councilmember Kendrick) Councilmember Talbot moved to refer this item to the Transportation Committee for reconsideration, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. 4. Report on late night flashing operation at Robeson Street and Village Drive. 5. Cost figures for Milligan/Keefe Drainage Project. 6. Information on paving streets using reflective material. 7. Human Relations Commission - minutes of December 11, 1997 and January 8, 1998. 8. Recreation and Parks Advisory Commission - minutes of January 26, 1998. Councilmember Cheek inquired as to whether there was a plan for land acquisition for parks in the newly annexed areas. Mr. Stancil stated the Planning staff was working on a plan for parks throughout the City which would go to the Parks and Recreation Commission for their consideration and would then be referred to Council for their approval. Councilmember Fogleman inquired into the status of the Chess Park. Mr. Stancil reported at this point no compromise had been reached between the parties but he was trying to resolve the issue at the staff level. 9. PWC - minutes of February 11, 1998. 10. FAEDC - minutes of January 27, 1998. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 12 to 0. REGULAR MEETING MARCH 16, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 16, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet C. Jones, City Clerk Brad Whited, Airport Director Joe Boyd, Information Systems Director Victor Sharpe, Planning Division Manager Craig Hampton, Administrative Services Director Pete Piner, Fire Chief Tom McNeill, PWC Right-of-Way Department Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend David Crocker, Pastor of Snyder Memorial Baptist Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced the Character Education Concept for March 1998 was Fairness. Mayor Dawkins extended condolences to the families of Mr. Ray Muench, former PWC General Manager, Mrs. George B. Herndon Sr., and Mr. Michael Sinclair. Mr. Sinclair was a City employee who prepared the Council Chamber for the meetings and took care of the Councilmembers' needs. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to delete Item 10, consideration of Proposed Bond Improvement priority list, and Item 12, consideration of request from Cumberland County for letter of support from City Council to assist in securing a Brownfield Agreement with NCDENR, and to add a request for Ms. Edna Pickett to address the Council as Item 4.B and to make Item 12 a closed session for the purpose of discussion of litigation. City Attorney Robert Cogswell requested to add Item 14, resolutions approving leases at 538 and 536 Hay Street. Councilmember Massey moved to approve the agenda with the changes, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull Item 2.A. Councilmember Cheek moved to approve the consent agenda with the exception of Item 2.A. After a second from Councilmember Kizer, the consent agenda and following items were unanimously approved by a vote of 12 to 0: A. Pulled for discussion. B. Approve minutes of information meeting of February 23, 1998. C. Adopt resolution setting a public hearing to consider closing a portion of Open View Drive. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF OPEN VIEW DRIVE. RESOLUTION NO. R1998-024. D. Approve amendment of Lease Agreement with CT&T for space in building at 717 McGilvary Street. E. Approve Municipal Agreement with N.C. DOT for installation of traffic signals at the intersection of Ramsey Street/Kinlaw Road and Ramsey Street/Ridgeway Drive and construction of a right turn lane on Ramsey Street onto Kinlaw Road. COPY OF RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1998-025. F. Adopt resolution of the City Council pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (O'Steen Property - This property is located along the northern side of Shaw Road, adjacent to the eastern side of the PWC watershed area). (Recommended public hearing date is April 6, 1998) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA - O'STEEN PROPERTY (LOCATED ALONG THE NORTHERN SIDE OF SHAW ROAD, ADJACENT TO THE EASTERN SIDE OF THE PWC WATERSHED AREA). RESOLUTION NO. R1998-026. G. P98-03F. Approve the initial zoning to C1P Local Business District or to a more restrictive zoning classification for an area located east of Glensford Drive and adjacent to Morganton Road, a portion of the area known as Glensford Commons. Containing 13.89 acres more or less and being the property of J.P. Riddle Family Limited Partnership as evidenced by map and legal description furnished by the City of Fayetteville, and being planned for annexation by the City of Fayetteville, effective March 16, 1998. H. Approve request from the American Lung Association of NC, Southeast Area, for banners and signs for the NC Southeast Area $1,000,000 Hole-In-One Shootout to be held April 23-26, 1998. I. Approve award of contract for purchase of 50,000' of 1/0 ALCN DPR 25kv, 1/C Cable to Rigby Electric Supply (Rocky Mount, NC), low evaluated bid in the amount of $68,900.00. (PWC) Bids were received as follows: Rigby Electric Supply (Rocky Mount, NC) $68,900.00 WESCO (Raleigh, NC) $68,750.00 J. Approve award of contract for purchase of 100,000' of 4/0 AL URD Triplex Cable to Rigby Electric (Rocky Mount, NC), low bid in the amount of $94,600.00. (PWC) Bids were received as follows: Rigby Electric Supply (Rocky Mount, NC) $94,600.00 Scott-Parish (Wake Forest, NC) $102,188.00 Power Supply (Matthews, NC) $94,950.00 Power & Telephone (Knoxville, TN) $100,500.00 Eastern Electric (Rocky Mount, NC) $99,711.00 WESCO (Raleigh, NC) $96,500.00 K. Approve award of contract for planting and irrigation at PWC Operation Center to Cardinal Landscaping, Inc., low bid in the amount of $121,238.78. (PWC) Bids were received as follows: Cardinal Landscaping (Fayetteville, NC) $121,238.78 Greenscape (Fayetteville, NC) $152,316.30 A. Approval of minutes of regular meeting of February 16, 1998. Councilmember Kendrick requested that a correction be made to Item 2, consent, by adding the second to the motion. The corrected minutes reflect Mayor Pro Tem McBryde moved to approve the consent agenda with the exceptions of Items 2.E and 2.G and the deletion of Item 2.J, seconded by Councilmember Massey and carried unanimously by a vote of 12 to 0. These corrections were made to the original set of minutes. Councilmember Kendrick moved to insert the correction into the minutes and to approve the minutes, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1998. 3. PUBLIC HEARINGS: A. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville (Petition-initiated contiguous area) (Property of Carrol Avenue Associates - Robert R. Ingraham, General Partner) (This property is a recently created island area located on the northern side of Law Road, between Carroll Avenue and Longview Drive). City Manager Roger Stancil presented this item and recommended the adoption of the ordinance. This is the advertised public hearing set for this date and time. There being no one present to speak either in favor or opposition, the public hearing opened and closed at 7:24 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. PROPERTY OF CARROLL AVENUE ASSOCIATES (ROBERT R. INGRAHAM, GENERAL PARTNER) (THIS PROPERTY IS A RECENTLY-CREATED ISLAND AREA, LOCATED ON THE NORTHERN SIDE OF LAW ROAD BETWEEN CARROL AVENUE AND LONGVIEW DRIVE. ANNEXATION ORDINANCE NO. 98-03-429. Councilmember Worthy moved to approve the annexation to be effective tonight, seconded by Councilmember Talbot and carried unanimously by a vote of 12 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1998. 4. Consideration of requests to address City Council. A. Consideration of request to address City Council from J. T. Lee, Jr. Mr. Lee did not appear at the meeting for his presentation. B. Consideration of request to address City Council from Edna M. Pickett. Ms. Edna M. Pickett, 322 East Lochhaven Drive, Fayetteville, NC, addressed the Council regarding justice in the City of Fayetteville and the impact that injustice has on our community today. 5. Consideration of request for approval of funds as required match for SBA Office of Women's Business Ownership Grant. Ms. Sylvia Ray, Executive Director of the Women's Center, requested an advanced approval and increase in funding from $31,000.00 to $37,500.00 for THE MARKET for the Budget Year 1998-1999. Ms. Ray explained she was making this request because she needed a commitment for these funds to be used as a match for a grant in the amount of $150,000.00 to support women who seek to start new businesses. Ms. Ray stated the State of North Carolina does not have a women's small business resource center and she would like for Fayetteville to be the first town to have one. Mayor Pro Tem McBryde moved to approve the budget request in the amount of $37,500, seconded by Councilmember Milligan. A discussion was held regarding the uniqueness of the situation and the fact that the pending grant is dependent upon the $37,500.00 commitment from the City. Councilmember Williams expressed his opposition to this action. Mayor Dawkins called for the vote and the motion carried 11 to 1 with Councilmember Williams in opposition. 6. Consideration of the following actions related to the T-hangar project at the Fayetteville Regional Airport: 1. Approve design and bidding of project. 2. Adopt Capital Project Ordinance Amendment Change 98-11(T-hangar design), in the amount of $26,580.00. 3. Approval of change order to HNTB. City Manager Roger Stancil presented this item. He explained the City's Airport operation had not been subsidized by the General Fund for a number of years. In the 1996-97 budget, upon the request of the Airport Director and recommendation of the City Manager, the City Council included a transfer of $20,000.00 from the General Fund to the Airport Fund to subsidize the construction of T-hangars. This subsidy would lower the rent for the hangars and provide some return to aircraft owners for the taxes paid to the City on their aircrafts. Council approval was given because it also supported the long-range plan to relocate general aviation operations to the new location on the other side of the airport. The new hangars will be built there. Mr. Stancil recommended the Council authorize proceeding with the design and the other actions recommended in the agenda. Mr. Brad Whited, Airport Director, stated the General Fund transfer of property taxes paid by aircraft owners was a reinvestment into the T-hangar facilities which the City of Fayetteville will own. Mr. Whited introduced Mr. Charles J. Harrell, Mr. Adam Bayah, Mr. Richard Fox and Mr. Edward M. Banta, members of the Airport Commission. Mr. Whited presented the Fayetteville Regional Airport's T-hangar proposal. He stated the projected cost for the one 14-unit T-hangar would be approximately $424,422.00, and this cost would be paid by an issuance of bonds in that amount with an annual estimated payment of $47,213.00 for 15 years, at a projected rate of 7.5 percent in interest. Mr. Whited presented information on the potential occupancy of the hangars and stated the rent receipts would exceed the annual payback by approximately $2,000.00 to $3,000.00. Mr. Whited further stated that because of the general concept that this project will never happen, he would like to show good faith to the general aviation community and move forward with this project. Councilmember Fogleman moved to approve, seconded by Councilmember Milligan. A lengthy discussion was held regarding the occupancy of the hangars and the rental rates, the maintenance condition of the existing hangars, the fueling process to be used for the aircraft, safety concerns, access to the hangars, the time frame for payoff of the debt, and the long-term plans for the Fayetteville Regional Airport Facility. Mayor Dawkins called for a vote on the motion. The motion carried unanimously by a vote of 12 to 0. 7. Consideration of award of contract for material and shop services related to the complete overhaul of Gas Turbine #2, per the "sole source" provision allowed in N.C.G.S. 143-129 to General Electric (Charlotte, NC), in the amount of $442,500.00.(PWC) Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. 8. Consideration of adoption of a resolution authorizing acceptance of N.C. DOT streets for City maintenance in annexation area. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE ACCEPTANCE OF STREETS FROM THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION. RESOLUTION NO. R1998-027. Councilmember Kendrick moved to approve, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 9. Update of annexation construction work in the Montclair/Hollywood Heights/Bunce Road area. Mr. Jeff Reitzel of Moorman, Kizer and Reitzel presented this item. Mr. Reitzel stated the total project covered 3,600 acres, 18,600 residents, and 26 miles of sewer mains. Mr. Reitzel reported individually on the status of the nine separate projects which will total $12,500,000.00 in expenditures. 10. Consideration of proposed bond improvement priority list. This item was removed from the agenda. 11. Consideration of request by N.C.DOT for sidewalk participation on Cliffdale Road widening project from Reilly Road to Raeford Road. City Manager Roger Stancil presented this item. Mr. Stancil recommended the Council decline to participate in this project because (1) The area is outside the corporate limits of the City; (2) the area is outside our current four phase annexation plan; (3) only 25 percent of the project is within our Resolution of Consideration for Annexation; and (4) municipalities are allowed to expend money outside the corporate limits provided it benefits the unit's citizens. Mr. Stancil stated an option would be to consider asking the County if they wanted the project done, and then to consider entering into a contract with the County in which they agree to reimburse the City for the cost of the sidewalks. Mr. Stancil stated another option to be considered was whether there could be a four-lane median rather than a five-lane road. However, Mr. Stancil pointed out the median would require maintenance and this responsibility would fall upon the City. He felt that an agreement could be entered into between the City and County for reimbursement to the City for the cost of maintaining the median. Mayor Pro Tem McBryde moved to do option one, seconded by Councilmember Fogleman. Councilmember Kendrick offered a friendly amendment to the motion and requested that a median and four lanes be included in the motion. Mayor Pro Tem McBryde and Councilmember Fogleman agreed to accept the friendly amendment. Mayor Dawkins called for the vote on the motion and it carried unanimously by a vote of 12 to 0. 12. Consideration of request from Cumberland County for letter of support from City Council to assist in securing a Brownfields Agreement with NCDENR. This item was deleted from the agenda. At the request of the City Manager, a closed session to discuss litigation was added as Item 12. 12. Closed session to discuss litigation. Councilmember Smith moved to go into closed session for the purpose of discussing litigation, seconded by Councilmember Haire and carried unanimously by a vote of 12 to 0. The regular session closed at 8:50 p.m. and resumed at 9:12 p.m. Councilmember Cheek made a motion to authorize the City Manager to execute the Administrative Order of Consent for the Fayetteville Coal Gas Plant site between CP&L, the City, the Environmental Protective Agency and the N.C. Dept of Environment and Natural Resources. Councilmember Milligan seconded the motion and it carried unanimously by a vote of 12 to 0. 13. ADMINISTRATIVE REPORTS A. Consideration of request for comments by N.C. DOT on proposed Bunce Road widening project. Councilmember Worthy explained his preference for a four-lane road with two lanes of traffic in each direction. Mr. Stancil stated he would come back with a report in April. Councilmember Kendrick asked to look at the State's standards at the same time. B. Update on Cablevision franchise renewal. 14. Consideration of leases of 538 and 536 Hay Street. City Attorney Robert C. Cogswell presented this item. He explained the lessees would be staying on the property until the end of May and would be staying rent-free. RESOLUTION AUTHORIZING LEASE OF CITY OF FAYETTEVILLE PROPERTY TO ULHUI CHUNG MCDOUGALD. RESOLUTION NO. R1998-028. RESOLUTION AUTHORIZING LEASE OF CITY OF FAYETTEVILLE PROPERTY TO HYON KIM ALLEN. RESOLUTION NO. R1998-029. Councilmember Kendrick moved to approve, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1998. INFORMATION ITEMS 1. Report on tax refunds less than $100. Name Year Basis Amount Bennett, Robert M 1997 Adjusted per amended listing $16.68 Blackburn, Steven Dale 1997 Corrected lot size 37.12 Brown, Bradford 1997 Adjusted per amended listing 29.49 Burt, Dean Alan 1996 Military Non-Resident 62.50 Murawski, John Joseph II 1996 Military Non-Resident 58.01 Peltier, Isaac Joshua 1996 Military Non-Resident 86.58 Porter, Tamara Daminita 1996 Military Non-Resident 32.77 Rac Miller Custom 1997 Adjusted per amended listing 49.99 Home Builder Inc. Total $373.14 2. Statement of taxes collected for the month of February, 1998, from the Cumberland 2 County Tax Collector. 1997 Taxes $561,503.87 1997 Vehicle Taxes 189,729.18 1997 Revit 3,032.85 1997 Vehicle Revit 71.45 1997 FVT 24,767.64 1997 Storm Water 64,227.01 1996 Taxes 13,604.27 1996 Vehicle Taxes 20,489.87 1996 Revit 0.08 1996 Vehicle Revit 0.00 1996 FVT 3,235.00 1996 Storm Water 1,696.77 1996 Discount 0.27 1995 Taxes 4,145.30 1995 Vehicle Taxes 504.00 1995 Revit 10.29 1995 Vehicle Revit 0.00 1995 FVT 110.00 1995 Storm Water 709.59 1994 Taxes 2,135.03 1994 Vehicle Taxes 5.35 1994 Revit 0.00 1994 Vehicle Revit 0.00 1994 FVT 10.00 1993 And Prior Taxes 6,572.75 1993 Vehicle Taxes 15.52 1993 And Prior Revit 0.00 1993 & Prior Vehicle Revit 0.00 1993 & Prior FVT 30.95 Interest 24,418.30 Interest (Revit) 82.42 Interest (Storm Water) 2,109.03 Fayetteville Discount (41.80) Revit. Discount (0.00) Total Collections $923,174.99 3. Report on request by citizen on home incidental occupations. 4. Information on the 1998 League Regional Meetings to be held in April, 1998. 5. Information items from HUD. 6. Information on National League of Cities Conference forwarded by Councilmember Haire. 7. Information on National League of Cities Conference forwarded by Councilmember Kendrick. 8. Information from Solid Waste Director regarding benchmarks for solid waste. 9. Information on Notice of an Open Forum Public Hearing for the proposed widening of SR 3828 (Robeson Street/Bragg Boulevard) from south of Ranking Street to South of NC 24-87-210 (Rowan Street). 10. Report on proposed Law road street improvement project. 11. Information on advertising contract for Transit Department. 12. Information from Transit Director regarding transit authorities. 13. List of dates and events for the Fayetteville Regional Airport. 14. Police Department - Professional Standards monthly report for the month of February, 1998. 15. Monthly report from Cumberland County Animal Control. 16. Planning Division Monthly Report. (Inserted in packet) Mayor Pro Tem McBryde moved to adjourn, seconded by Councilmember Fogleman and carried unanimously by a vote of 12 to 0 and the meeting adjourned at 9:19 p.m. REGULAR MEETING MARCH 23, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 23, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet C. Jones, City Clerk Steve Blanchard, PWC Manager's Office Tom McNeill, PWC Right-of-Way Department Mick Noland, PWC Water and Sewer Department Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Assistant City Manager John B. Brown, Jr., followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Councilmember Kizer moved to excuse Councilmember Massey until he returned, seconded by Councilmember Haire and carried unanimously by a vote of 11 to 0. Mayor Dawkins announced the Character Education Concept for March 1998 was Fairness. 1. APPROVAL OF AGENDA Councilmember Kizer moved to add Item 11, discussion on first attempt for vision statement, seconded by Councilmember Worthy and carried unanimously by a vote of 11 to 0 with Councilmember Massey excused. City Attorney Robert Cogswell requested to add Item 12, a closed session for acquisition of property for the Airborne Museum Project. City Manager Roger Stancil requested to add Item 2.B, discussion of condemnation resolutions for drainage project in Drake Park. Councilmember Massey arrived at this time. Mayor Pro Tem McBryde moved to approve the agenda with the additions, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. Councilmember Fogleman requested to be excused from the April 6, 1998, regular meeting of City Council. Councilmember Cheek moved to excuse Councilmember Fogleman from the April 6, 1998, meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 11 to 1 with Councilmember Worthy in opposition. 2. A. Consideration of change orders for Police Administration Building. City Manager Roger Stancil presented the following summary of the proposed change orders: 1) An addition to the contract with Player of $31,715.75 which include the undercut in the parking lot ($20,000.00) and miscellaneous changes to the evidence storage and interview rooms. 2) An addition to the contract with T & H Electrical of $16,443.00 which included placing more vandal-resistant light fixtures in the interview rooms, and many miscellaneous coordination items throughout the building to better meet the police needs. 3) An addition to the contract with Access Controls (Player subcontractor) of $25,909.00 which included moving the security equipment base to a different room to allow more room for the telephone system and other miscellaneous changes. It also included an addition of $17,754.45 to change the cameras and monitoring system to color from black and white which would allow enhanced clarity of pictures and easier identification of suspects. Mr. Stancil stated that in construction projects of this magnitude, there was no way of including everything and sometimes changes had to be made, and it was his opinion the requested changes were not excessive. He explained the project was well within its total budget expenditures but would exceed the cap which had been set by the Council for construction by approximately $128,000.00, which included all changes made by Council prior to this request. A lengthy discussion was held regarding the necessity of the proposed changes and what method should be used to alleviate the additional costs. Councilmembers Haire, Massey, and Worthy expressed their preference that an itemized list be returned to the Council for determination of what items could be eliminated to bring the project in under the budgeted amount. Councilmember Milligan expressed her concern over the use of change orders so frequently. Councilmembers Smith, Talbot, Kizer, Fogleman, Williams, Kendrick and Mayor Pro Tem McBryde voiced their concerns but were in favor of not delaying the project. Discussion was held regarding the adherence to the overall budget appropriation for the project, the necessity of the undercut expenses in the parking lot, the effects of delaying the project, and the necessity of all of the changes being recommended. Councilmember Talbot moved to approve the recommendation for all of the change orders, seconded by Councilmember Smith. Councilmember Massey made a substitute motion to allow the staff to bring back a list of items that needed to be completed which would if there were any changes that needed to be adjusted would not be detrimental to the quality of the building but would keep the project under budget, seconded by Councilmember Worthy. Councilmember Talbot did not accept the motion. Mayor Dawkins called for a vote on the substitute motion and it failed by a vote of 3 in favor to 9 in opposition. Councilmembers Worthy, Massey, and Haire were in favor. Mayor Dawkins called for a vote on the original motion to approve the change orders as presented and it carried by a vote of 9 in favor to 3 in opposition. Councilmembers Worthy, Haire, and Massey voted in opposition. B. The consideration of authorizing condemnations for Cape Fear Drainage project. City Manager Roger Stancil presented this item. Mr. Stancil recommended adoption of the resolutions authorizing condemnation of the property for the Cape Fear Drainage project. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-030. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-031. Councilmember Kendrick moved to adopt the resolutions, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. A copy of the foregoing resolutions are on file in the City Clerk's office in Resolution Book NO. R1998. 3. Consideration of proposed bond improvement priorities. City Manager Roger Stancil presented this item. Mr. Stancil gave an overview of expenditures which have been made on the street, drainage, and sidewalk bonds as follows: STREET BONDS Current balance from 94 & 96 sales $2.2 million Unsold Street bonds 7.3 million Contract Commitments (3.4) million Railroad use (2.4) million Street Project Balance Available $3.7 million DRAINAGE BONDS Current balance 94/96 sales $5.8 million Contract commitments (2.1) million Balance available 3.7 million 6 Drainage projects (3.5) million Balance available $0.2 million SIDEWALK BONDS Current balance from 94/96 $1.9 million Contract commitment 0.0 million Balance available 1.9 million 4 Sidewalk projects (1.9) million Balance available $0.00 million Mr. Stancil recommended the remaining bonds proceeds be used as follows: STREET BONDS Soil Street Packages Soil street packages total $1.9 million and 36 soil streets. Bond intersection projects Intersection Projects Raeford/Owen & McPherson Church $225,000 Law/Ramsey 325,000 Total $550,000 Reconstruction and Other Projects Distribution Drive $1,100,000 WalMart 60,000 Sycamore Dairy Road 77,000 Total $1,237,000 DRAINAGE BONDS Kinwood (Lofton Area) $ 415,000 Drake Park/Welmar/Wetlnds 400,000 Cape Fear/Village/Conover 1,000,000 McPherson Church 900,000 Bunce Rd/Hollywood Hgts 475,000 Morgan Lane 300,000 Estimates include real estate $3,490,000 SIDEWALK BONDS Sidewalk Reconstruction $ 250,000 Morganton Road 300,000 Sycamore Dairy Road 250,000 (Bragg Blvd. to McPherson Church) Bragg Blvd. (Hay to 401) 1,100,000 $1,900,000 A discussion was held regarding the prioritization process used to determine the projects to be funded, the time frame for the sale of the remaining bonds, and long-term plans for storm drainage within the City of Fayetteville. Mr. Stancil stated that grant funds were being applied for by both the City and County for storm water use. He stated he felt the issue of using storm water fees for quantity issues should be addressed and presented to the County. Councilmember Kendrick moved to follow the recommendations of the staff, seconded by Councilmember Haire and carried unanimously by a vote of 12 to 0. 4. Discussion of sewer plans and public input process for Area 3A. Councilmember Kizer requested to abstain from discussion or voting on this item. Councilmember Fogleman moved to allow Councilmember Kizer to abstain from discussion or voting, seconded by Councilmember Massey and carried unanimously by a vote of 11 to 0 with Councilmember Kizer not voting. City Manager Roger Stancil presented this item. Mr. Stancil presented a map which set out the sewer petition requests the City must provide within a two-year time frame. Mr. Stancil stated that PWC's staff had recommended it would be more cost effective to install sewer lines throughout the entire neighborhood. Mr. Stancil stated he had discussed this plan with the Cottonade Homeowners Association, and he recommended setting a public hearing to determine where the sewer would be installed while concurrently the staff would be holding neighborhood meetings explaining what was being done and getting input from the citizens. A discussion ensued regarding the most cost-effective way to do the project, the feasibility of the two-year deadline being met and the avoidance of the inflationary cost factor. Councilmember Kendrick moved to follow the staff's recommendation, seconded by Councilmember Talbot and carried by a vote of 11 to 0 with Councilmember Kizer abstaining. 5. Report on Lafayette Village annexation. City Manager Roger Stancil presented the report on the demographics of the area, the septic tank incidents, the estimated assessed tax value of the real and personal property in the area, and the anticipated costs. He estimated the total expenditures within five years of the annexation to be as follows: FUNDING SUMMARY Personnel $1,257,499 Operating 390,234 Contract Services 859,749 Capital Outlay 3,179,000 Other Charges 1,072,478 Total Expenditures $6,758,960 Mr. Stancil stated the issues involved in this annexation project were the fire contract with Lafayette Village Fire Department, the drainage priorities, the drainage funding, and the capacity to manage the utility contracts. He gave a proposed schedule with the effective date of the proposed annexation to be June 30, 1999. Mr. Stancil stated that because less work would be required in annexation 3A and this project had been deferred for a year, it was both his opinion and PWC's that the legal deadlines could be met. Councilmember Worthy moved to accept and follow the staff's recommendation, seconded by Councilmember Milligan and carried unanimously by a vote of 12 to 0. 6. Presentation on activities of Fayetteville Partnership. Robin Legg, Executive Director, Fayetteville Partnership, presented this item. Ms Legg stated Fayetteville Partnership wanted to build the Heart of Fayetteville as the cultural, economic, and civic center of the community. She reviewed the organizational structure and introduced the newly hired Urban Development Finance Specialist, Elinor Luse. Ms. Legg gave an overview of the downtown Fayetteville Enhancement Strategy to include focus on economic activity, real estate development, business attraction and retention, housing development, safety, marketing, implementation of the vision plan, and management. Ms. Legg stressed the importance of everyone working in a partnership to ensure a complete Fayetteville Once and For All. A discussion was held regarding downtown parking with Councilmember Milligan inquiring about a parking deck. Mr. Stancil replied this had been looked at recently in conjunction with the PWC service center project, and it had been found not to be economically feasible. However, he was looking into a joint effort with the County regarding building a deck, and discussions were underway. 7. Presentation on electric industry restructuring. City Manager Roger Stancil presented this item. Mr. Stancil stated the electric industry restructuring was going to have a massive impact. The restructuring would impact PWC's business operation and the Council's decision-making capacity. He stated one of the biggest impacts would be to lose the transfer currently being made from the electric fund to the water-sewer fund and to lose the ability to transfer to the general fund, which is the equivalent of about 13.5 cents on the tax rate. Mr. Stancil stated he and Mr. Blanchard had decided a joint effort was the best approach to the issue and he was recommending a support team consisting of Bond Council, North Carolina Council (Poyner & Spruill), a restructuring consultant (Underway), and a financial advisor be appointed. Mr. Stancil also recommended the Mayor appoint a special mayoral committee to work with the staff in identifying issues and making recommendations to the Council and Commission. He recommended the Committee be made up of Councilmembers who have served as PWC Liaisons to include Councilmembers Kendrick, Cheek, and Smith, plus Mr. Bob Williams, a PWC commissioner with 17 years experience. Mr. Stancil pointed out the number of members of the committee was in proportion to the size of the Council versus the size of PWC's Commission. Mayor Dawkins stated the committee would be open to the public and other councilmembers who wish to attend. Councilmember Haire nominated Councilmember Worthy to be on the committee and Councilmember Worthy nominated Councilmember Massey to be on the committee. A discussion ensued regarding fair representation and diversity on the Committee as well as the need for experience on the subject. Councilmember Talbot moved to approve staff recommendations and move on, seconded by Councilmember Milligan. Mayor Pro Tem McBryde asked to clarify that the motion was to give the Mayor the authority to appoint the committee and was not to appoint the members of the committee. Mayor Dawkins stated the basis of the motion was to follow the staff's recommendations. Mayor Dawkins called for the vote and the motion carried unanimously by a vote of 12 to 0. 8. Presentation on progress of the following Council Goal Management Teams: A. Infrastructure Planning Team Lisa Smith, Interim Finance Director, presented this item. She gave an update on the process being developed for a comprehensive Capital Improvement Program. Strategies being implemented were (1) to create an inventory of infrastructure and facilities; (2) to seek Council input; (3) to establish a Capital Improvements Review Team and (4) to prepare a financial forecast. B. Economic Development Team Curtis Hancock, Special Projects Manager, presented this item. He gave an update on the Economic Development Team's progress. He presented the following recommendations: (1) develop a strategic Economic Development Plan; (2) adopt a 25-year Land Use Plan; (3) concentrate on expanded center City; (4) create Economic Development database; (5) improve Quality of Life and (6) improve Customer Service. 9. Discussion of Downtown Municipal Service District. Assistant City Manager John B. Brown presented this item. Mr. Brown gave a background on how the Special District had come into existence and explained its purpose was to provide services, facilities, or functions to a greater level than those provided for the entire City. Mr. Brown explained the current Downtown Municipal Service District expires June 30, 1998, and the process for renewing the district requires a report being prepared prior to the public hearing which is scheduled to be held May 18, 1998. Mr. Brown presented the options available to the Council regarding this issue: (1) the Council can reauthorize, (2) expand the area, (3) reduce the area in size, or (4) abolish the District altogether. He requested the Council to approve the initiation of the process to consider reauthorization of the current Municipal Service District and to set the tax rate during the budget discussion. Councilmember Smith moved to follow the staff recommendation, seconded by Councilmember Fogleman. Councilmember Talbot expressed his opposition to providing services at a greater level to one area of the City. He stated he felt that all services should be provided equally to everyone. Mayor Dawkins called for the vote and the motion carried unanimously by a vote of 12 to 0. 10. Consideration of inviting U.S. Water and Filter to address City Council on city/private partnership with an approximate presentation time of 30 minutes. (Requested by Councilmember Paul Williams with a suggested date of April 6, 1998) Councilmember Williams stated he felt this would be a good option for the Council to consider and it could possibly keep the City's rates consistent for the next 20 years. He moved to ask U.S. Water Filter to come and make a presentation to the Council, seconded by Councilmember Worthy. Councilmember Kizer stated he felt allowing a company to make this type of presentation would be a dangerous precedent to set, and he did not feel this board was in a position to make an assessment. He felt the presentation should be made to PWC. Councilmembers Smith, Massey, Cheek and Mayor Pro Tem McBryde agreed with Councilmember Kizer. Councilmember Williams stated he felt the City did not have anything to lose by having this company come to Fayetteville. A discussion was held regarding PWC's profit status. Councilmember Worthy offered a friendly amendment that the Council invite U.S. Water and Filter to address the PWC Commission along with any City councilmembers who wanted to be present, seconded by Councilmember Haire. Mr. Williams stated he would accept it as long as there was no time limit on the presentation and it could still be held on April 6. A discussion ensued and Councilmember Williams stated he would not accept the change. Mayor Pro Tem McBryde stated he doubted if this company would have the money to expand water and sewer to areas we were annexing or whether they would be willing to give money to the City to pay for half of the expansions like PWC currently does. Councilmember Kizer inquired if PWC's independent consultants had completed their evaluations. Mr. Mick Noland stated the evaluation had been completed on the water and wastewater departments within the division. Mr. Noland said that up until this point, the model that had been used by PWC was a municipal model and now the model and expectations were changing on the electrical side as well as the water and sewer side, and he felt PWC needed to be given a chance to meet that challenge. He pointed out that PWC currently was in the best class of municipalities, and he did not see why they would not be the same with a private model. Mr. Noland stated that with all of the extensions to the urban service areas, there had been no increase in PWC's employees. Councilmember Smith called for the question. Mayor Dawkins called for the vote on calling the question and the vote passed 9 to 3 with Councilmember Williams, Massey, and Cheek in opposition. Mayor Dawkins called for the vote on the original motion and the motion failed by a vote of 8 in opposition to 4 in favor. Councilmember Worthy, Talbot, Williams and Haire voted in favor of the motion. 11. Presentation of the City Council Vision Statement Councilmember Kizer presented the following vision statement: The City of Fayetteville is a unique partnership of citizens with a diverse culture and rich heritage committed to create a strong, vibrant, self-sufficient community that will foster and promote an atmosphere of confidence, cooperation, and unity. He requested the Council review the statement and come back with their comments. 12. Closed session to discuss acquisition of property for the U.S. Airborne Museum Project. Mayor Pro Tem McBryde moved to go into closed session, seconded by Councilmember Worthy. The motion carried unanimously by a vote of 12 to 0. Closed session began at 10:13 p.m. The regular session resumed at 10:30 p.m. City Attorney Robert Cogswell recommended approval subject to vacating of the premises by the tenant by the time for demolition of the property, thereby settling acquisition of the property of Jerome Fleischmann, 526 Hay Street, Parcel AA0089, for the sum of $72,300.00. Mayor Pro Tem McBryde moved to approve the acquisition, seconded by Councilmember Milligan and carried unanimously by a vote of 12 to 0. INFORMATION ITEMS: 1. Update on downtown projects. 2. Copy of letter to Leon Goldstein regarding animal control. 3. Information on new PWC billing format 4. Information on route changes for solid waste pickup. 5. FAEDC - minutes of February 17, 1998. 6. FACVB - minutes of February 12, 1998. Mayor Pro Tem McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 12 to 0 and the meeting adjourned at 10:40 p.m. REGULAR MEETING APRIL 6, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER APRIL 6, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Anne D. Fogleman (at-large) (excused) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet C. Jones, City Clerk Ronald E. Hansen, Chief of Police Mike Walker, City Engineer Lisa Smith, Interim Finance Director Victor Sharpe, Planning Division Manager Kathy Kem, Planning Division Staff Craig Hampton, Purchasing Division Manager Pete Piner, Fire Chief Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Wilson Strickhausen, Pastor of Person Street United Methodist Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins accepted the 1997 and 1998 Dogwood Festival Posters from Mandy Pittman, the Executive Director of the Dogwood Festival Committee. Mayor Dawkins read and presented Miss Eva Ruth, Chairman of the Fayetteville Redevelopment Commission, with a proclamation declaring the week of April 6-12, 1998, as Fayetteville, North Carolina Community Development Week and April 14, 1998, as Fayetteville, North Carolina Community Development Day. Mayor Dawkins introduced Boy Scout Troop 797 from Peace Presbyterian Church, and extended a Thank You to the Fayetteville Garden Council and Garden Clubs for the improvements in the appearance of the pots of the downtown area. Mayor Dawkins announced the Character Education Concept for April 1998 was Citizenship. 1. APPROVAL OF AGENDA City Manager Roger Stancil corrected Item 2.G, changing the wording on Woodcliff Drive from "shall stop" to "shall yield." Mr. Stancil gave an overview of the changes to be made in the garbage collection process starting April 13, 1998. City Attorney Robert Cogswell requested to add Item 12.C, consideration of an indemnification agreement with Rothchild Assets, L.L.C., a North Carolina Limited Liability company, and Item 12.D, consideration of an indemnity agreement with James G. Vanstory. Mr. Cogswell stated that Councilmember Milligan would need to abstain from discussion and voting on Item 3.A. Councilmember McBryde moved to allow Councilmember Milligan to abstain from discussion and voting on Item 3.A, seconded by Councilmember Worthy and carried by a vote of 10 to 0 with Councilmember Milligan abstaining and Councilmember Fogleman excused. Councilmember Cheek moved to approve the agenda, seconded by Councilmember Kendrick and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. 2. CONSENT: Mayor Pro Tem McBryde moved to approve the consent agenda, seconded by Councilmember Milligan and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. A. Approve minutes of regular meeting of March 2, 1998. B. Approve minutes of regular meeting of March 16, 1998. C. Approve the following Fayetteville Regional Airport matters: 1. Authorize Mayor to execute State Airport Aid Project for New General Aviation Construction Phase I and adoption of Capital Project Ordinance 98-10. 2. Authorize Mayor to execute State Airport Aid Project for HVAC - Terminal Renovation. 3. Authorize Mayor to execute State Airport Aid Project for Terminal Renovation. 4. Authorize Mayor to execute State Airport Aid Project Slurry Seal North GA Area and adoption of Capital Project Ordinance Amendment 98-14. 5. Authorize Mayor to execute State Airport Aid Project for approach zone land and adoption of Capital Project Ordinance 98-8. 6. Authorize Mayor to execute State Airport Aid Project for ARFF Vehicle. 7. Authorize Mayor to execute Federal Aviation Administration Project for Taxiway K and Service Road Design and GA Utilities and adopt Capital Project Ordinance Amendment 98-15. D. Approve the following financial matters: 1. Adopt Capital Project Ordinance Amendment 98-12 (1994 Bond Interest) 2. Adopt Capital Project Ordinance Amendment 98-13 (1996 Bond Interest) E. Approve award of purchase contract for one replacement street sweeper to Athey, Inc. (Reidsville, NC), low bid, in the amount of $105,920.00. Bids were received as follows: Athey Products Corporation (Wake Forest, NC) $105,920.00 North Carolina Equipment Company (Fayetteville, NC) $108,632.00 F. Approve award of immediate purchase contract (Annexation Phase IIIA) and additional buy clause (FY98-99) for rollout containers to Zarn, Inc. (Raleigh, NC), low bid, in the amount of $138,775.00. Bids were received as follows: Zarn, Inc. (Reidsville, NC) $138,775.00 Otto Industries, Inc.(Charlotte, NC) 143,010.00 Toter, Inc.(Statesville, NC) 142,625.00 G. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, for stop and yield control at the following locations: New Streets 1. Ambrose Place shall stop at Ferncreek Drive. 2. Pedro Drive (private street) shall stop at Tally Ho Drive. 3. Larkfield Court shall stop at Fern Creek Drive. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 6 - STOP INTERSECTIONS. ORDINANCE NO. NS1998-014. Existing Streets 1. Woodcliff Drive shall stop at Florida Drive Extension. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 14 - YIELD RIGHT OF WAY). ORDINANCE NO. NS1998-015. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1998. H. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce school zone speed limit to 25 Miles Per Hour on Glensford Drive for Montclair Elementary School and Berean Baptist Academy. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES (TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL). ORDINANCE NO. NS1998-016. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. I. Approve request from Dogwood Festival Committee for waiver of fee associated with the permit needed for tent use during the Festival. (Non-profit organization) J. Case No. P98-12F. Approve the rezoning from R6 Residential District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 1924 Pamalee Drive. Containing 2.03 acres more or less and being the property of Kenneth and Denise Decker as evidenced by deed recorded in Deed Book 4717, Page 752, Cumberland County Registry. K. Approve award of contract to Power & Telephone Supply (Memphis, Tenn.) for purchase of 95,040 feet of 144-count and 64,627 feet of 24-count fiber optic cable (with the option to purchase additional quantities within a one-year period; and approval to purchase 12-count, 48-count or 96-count fiber optic cable at unit bid prices, if during construction it becomes cost effective to the Commission to do so, in the amount of $433,564.70.(PWC) Bids were received as follows: Unit Unit Unit Unit Unit Bid Price Price Price Price Price Bidders Deposit 12 Fibers 24 Fibers 48 Fibers 96 Fibers 144 Fibers Graybar Bid Bond 0.565 0.876 1.526 2.671 3.987 Power & Bid Bond 0.563 0.869 1.414 2.661 3.971 Telephone Wesco Dist Bid Bond 0.582 0.894 1.477 2.756 4.077 Rigby Electric Bid Bond 0.7344 0.9894 1.7952 3.009 4.182 L. Approve drug and alcohol testing report to Federal Transportation Administration and authorize Interim Personnel Director to certify FTA compliance for 1997. M. Approve payment to Riddle Commercial Properties for Sycamore Dairy Road Extension Project as per agreed upon by funding formula, in the amount of $76,355.08. N. Adopt resolution approving advertisement and sale of houses by sealed bid process for properties located in the Eufaula Street Relocation project. Condition of sale is removal of house from property. RESOLUTION AUTHORIZING THE ADVERTISEMENT OF AN OFFER TO ACCEPT SEALED BIDS TO PURCHASE HOUSES OWNED BY THE REDEVELOPMENT COMMISSION OF FAYETTEVILLE. RESOLUTION NO. R1997-032. A copy of the foregoing resolution is on file on the City Clerk's office in Resolution Book R1998. O. Approve purchase of Airborne Museum site parcel CC 3456 - Apostolic Highway Church of Christ located at 207 Hillsboro Street, in the amount of $52,750.00. The offer was accepted subject to the following conditions: 1. The church has two weeks after closing to clear the property; and 2. The church will not make the environmental warranties requested by the City. P. Approval of sale of City property located between 219 and 220 Willborough Avenue in the amount of $300.00 with the City retaining the right-of-way through the parcel. RESOLUTION ACCEPTING AN OFFER TO PURCHASE CITY PROPERTY. RESOLUTION NO. R1998-033. A copy of the foregoing resolution is on file on the City Clerk's office in Resolution Book R1998. Q. Set public hearing for May 4, 1998, to consider the paving of the following streets: (Bond Projects) 1. Lock Trail from Clinton Road to cul-de-sac located on the tract as recorded in Deed Book 3163, Page 553. 2. McDonald Street from Deep Creek Road to dead-end on the tract as recorded in Deed Book 3730, Page 100. 3. Sage Street from Deep Creek Road to Ardmore Drive. 4. Ardmore Drive from Deep Creek Road to Sage Street as recorded in Plat Book 26, Page 9. 5. Alphin Street from Sapona Road to Dead-End at CSX Railroad property. 6. Martin Road from Deep Creek Road to dead-end on the tract as recorded in Deed Book 2312, Page 473. 7. Neal Street from Cedar Creek Road to dead-end on the tract as recorded in Deed Book 4631, Page 58. 8. Faircloth Street from Neal Street to the eastern line of Lots 118 and 119, Cedar Rose Additional Subdivision, Plat Book 7, Page 133. 9. King Street from Person Street to existing pavement. PRELIMNARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION. RESOLUTION NO. R1998-034. A copy of the foregoing resolution is on file on the City Clerk's office in Resolution Book R1998. R. Approve award of construction contract for annual street resurfacing project to Crowell Constructors, Inc. (Fayetteville, NC), low bid, in the amount of $1,600,000.00. Bids were received as follows: Crowell Constructors, Inc. (Fayetteville, NC) $1,880,559.00 Barnhill Contracting Co.(Fayetteville, NC) $2,128,991.50 S. Approve request for fireworks displays on April 11, May 23 and August 29, 1998, from the Cape Fear Crocs based on their compliance with the requirements of the Fire Prevention Code. T. Set public hearing for May 18, 1998, to consider the reauthorization of the Downtown Municipal Service District. U. Approve the following items related to the replacement of Ramsey Street Pumps: 1. Approve addendum to contract with N.C. DOT to increase funding for Ramsey Street Pump Station. 2. Adopt Budget Ordinance Amendment to increase funding for project. 3. Approve award of construction contract for replacement of Ramsey Street Pumps to Nortec Construction Services (Fayetteville, NC), low bid, in the amount of $169,236.00. Bids were received as follows: Nortec Construction (Fayetteville, NC) $169,236.00 Spruill Construction Corp., (Bunnlevel, NC) $181,826.33 Bryant Electric Co. (Archdale, NC) $215,000.00 T.A. Loving Co. (Goldsboro, NC) $218,500.00 Pearson Pump Sales and Service (Kinston, NC) $219,240.00 3. PUBLIC HEARINGS: A. Consideration of adoption of Resolution of Confirmation, Assessment Roll and Certification for Kinwood/Arbutus Trail drainage improvements. Assistant City Manager Jimmy Teal presented this item. Mr. Teal explained that the Council had approved this project in 1992 with the provision that the abutting property owners would be assessed at a rate of 50 percent. Mr. Teal recommended the adoption of the resolution to include Assessment Roll B which reflected a reduction in the original assessment of approximately 1,000 feet. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:26 p.m. RESOLUTION CONFIRMING ASSESSMENT ROLL AND LEVYING ASSESSMENTS. RESOLUTION NO. R1998-035. Councilmember Kendrick moved to adopt the resolution and Assessment Roll B, seconded by Mayor Pro Tem McBryde and carried by a vote of 10 to 0 with Councilmember Milligan abstaining and Councilmember Fogleman excused. A discussion was held regarding revising the current system used for this type of project. A copy of the foregoing resolution is on file on the City Clerk's office in Resolution Book R1998. B. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville (Petition-initiated contiguous area) - (O'Steen Property - located along the northern side of Shaw Road, adjacent to the eastern side of the PWC watershed area) (If adopted, recommended date is June 30, 1998) City Manager Roger Stancil presented this item. Mr. Stancil stated there were two special issues with respect to Ms. O'Steen's petition for annexation. One involved the question of whether Ms. O'Steen would be able to operate a retail business out of her residence and the second involved the replacement of mobile homes. Mr. Stancil reviewed the background of the petition and stated Ms. O'Steen had been required to submit the petition for annexation, pursuant to PWC policy. The area requested for annexation meets the standard of being contiguous. Because of its small size, the area would not significantly decrease minority-voting strength,. City operating departments would be able to serve the area, and the fiscal impact would be positive for the City. PWC already provides most services to the area. From the standpoint of the retail sales issue, it should not matter to Ms. O'Steen if the area is annexed. However, from the standpoint of being able to replace mobile homes in the future, it will probably matter to Ms. O'Steen if the area is annexed, because restrictions on replacing mobile homes are stricter in the City than in the County. Mr. Stancil stated that based on the evaluation of various factors, the staff recommended the adoption of the annexation ordinance for this area with an effective date of June 30, 1998, which would be the effective date of the annexation of Area 3-A. This is the advertised public hearing set for this date and time. The public hearing opened at 7:33 p.m. There was no one present to speak in favor of the annexation. Ms. Sherry O'Steen, 1101 Shaw Road, Fayetteville, NC, appeared in opposition. Ms. O'Steen stated she had had water and sewer since 1975 with PWC and that her business had been registered at the courthouse for three years. She stated she needed her business to live, and if she were in the City, she could not operate her business. Ms. Vicki Wood Muniz, 1247 Shaw Road, Fayetteville, NC, also appeared in opposition. There being no one further to speak either in favor or opposition, the public hearing closed at 7:40 p.m. A discussion was held regarding the issue of Ms. O'Steen's business and the length of time she had had PWC water and sewer services. Mr. Stancil stated he had received a memo from Lloyd Taylor of the Cumberland County Inspections Department and no permit had been issued by the County for Ms. O'Steen's retail business. Mayor Pro Tem McBryde moved to annex the area to be effective June 30, 1998, seconded by Councilmember Cheek. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. O'STEEN PROPERTY (LOCATED ALONG THE NORTHERN SIDE OF SHAW ROAD, ADJACENT TO THE EASTERN SIDE OF THE PWC WATERSHED AREA). ANNEXATION ORDINANCE NO. 98-04-430. Further discussion was held regarding the policy on requesting water and sewer from PWC when residing outside the City limits. The consensus of the Council was the policy should be adhered to. Mayor Dawkins called for the vote and the motion carried by a vote of 9 to 2 with Councilmembers Massey and Williams in opposition and Councilmember Fogleman excused. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Book 1998. C. Case No. P98-10F. Consideration of an application by George Davis, SBA, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1) to allow a Tower in a C1P Shopping Center District for an area located at Northgate Shopping Center. Containing .23 acres (lease area) more or less and being the property of Northgate Center, Inc., as evidenced by deed recorded in Deed Book 4388, Page 257, Cumberland County Registry. Kathy Kem of the Planning Division staff presented this item. Ms. Kem stated that all requirements for the Special Use Permit had been met and the staff recommended requiring camouflage for this tower, due to its proximity to residential zoning. Information on the types of camouflage that could be used was given by Ms. Kem. A discussion was held regarding the co-location of towers, the placing of towers on public land, revenues generated by the towers, the effect on surrounding property values, and the use of City utility poles for the towers. This is the advertised public hearing scheduled for this date and time. The public hearing opened at 8:07 p.m. After being sworn in by the City Clerk, the following appeared on behalf of Sprint PCS. Mr. Jerry Eatman, 2626 Glenwood Avenue, Raleigh, NC, addressed the Council regarding the efforts of Sprint to co-locate their towers. Mr. Eatman stated that Fayetteville had an eight-transmission site system with six of the sites already secured. The secured sites had been located on four PWC water tanks, one existing Bell-South tower and one new tower in a PWC complex. Mr. Eatman stated the towers in close proximity to this proposed site were fully loaded or were not structurally able to handle the equipment required, and therefore, co-location was impossible. Mr. Graham Herring, Graham B. Herring Real Estate, 6040 Six Forks Road, Raleigh, NC, addressed the Council and stated there was no adverse impact or diminution of property values of the area surrounding the tower site. Mr. Brian Barbi, 3800 Gateway Center, Morrisville, NC, stated he was the engineer in charge of this tower site. Mr. Barbi assured the Council that Sprint co-located whenever possible and that a camouflaged design which had been used in Cary would be used for this tower. There being no one else present to speak either in favor or opposition, the public hearing closed at 8:17 p.m. A discussion was held regarding the number of towers to be put in Fayetteville, whether other alternatives might be used in lieu of towers, the type of comparables in the sale's analysis report and the coverage areas needed by Sprint. Councilmember Talbot moved to approve, seconded by Mayor Pro Tem McBryde. City Attorney Robert Cogswell stated the motion needed to include the Findings of Fact and the type of camoflauge to be required. Councilmember Talbot restated the motion to include the Findings of Fact and to approve the camoflauge where the monopole would not be affected and only the antenna structure on the top would be camoflauged. The following Findings of Fact were made: 1. Such use shall fit in the character of the area; and 2. Such use is not detrimental to, the surrounding neighborhood, including, but not limited to, the items below: a. Commercial/industrial zoned areas: When a tower is constructed and its height is less than three hundred (300) feet, it shall be set back (measured from its base) from adjacent property lines a distance equal to one (1) foot for every two (2) feet of height, but never less than fifty (50) feet. When a tower exceeds three hundred (300) feet in height, it shall be set back (measured from its base) from property/lease lines a distance equal to one (1) foot for every two (2) feet of height, but never less than fifty (50) feet. b. That the tower base be enclosed in a chain link fence with a minimum height of ten (10) feet and such fence to be a minimum of ten (10) feet from the base of the tower. c. That a buffer area twenty-five (25) feet wide be provided around the perimeter of the tower compound to shield all structures, including guide wires or anchors. Such buffer area shall be planted with evergreen trees that will attain a minimum height of twenty-five (25) feet. Such trees to be on a maximum twenty (20) foot spacing. The inner fringe of such buffer area shall have an initial height of at least three (3) feet and be planted with an evergreen hedge that will attain a minimum height of six (6) feet. Such hedge shall be opaque in effect and completely shield any object behind it from view. d. Certification by applicant that the proposed tower will be constructed and operated in accordance with all applicable local, state, and federal laws and ordinances, including, but not limited to, all FCC and FAA rules and guidelines. e. Radio or television or similar reception for adjoining residentially zoned properties will not be disturbed or diminished. f. The height of the tower does not exceed four hundred fifty (450) feet. Where towers are located on buildings/structures the height of the tower and building/structure combined shall not exceed four hundred fifty (450) feet. g. The use will not be detrimental to the surrounding neighborhood. h. That no tower may be constructed closer than one thousand five hundred (1,500) feet to any other tower. However, concealed towers defined in Section 32-5, Definitions, are exempt. If a variance is needed, the applicant shall appeal to the Board of Adjustments. i. In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation indicating that the power density levels do not exceed federally approved levels or American National Standards Institute (ANSI) standards, whichever provides the stricter requirements. j. Lighting shall meet or exceed the Federal Aviation Administration (FAA) standards if lighting is required by the FAA. To the extent allowed by the FAA, strobes shall not be used for night time lighting. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements. k. That towers which are not used for a period of six (6) months or more shall be removed by the owner within ninety (90) days of notification to the owner from the respective Department of Inspections. To assure the removal of towers which do not meet requirements for use or maintenance, a statement of financial responsibility to the City Inspections Department shall be submitted for each tower over seventy-five (75) feet. Removal costs shall be charged to the tower owner. l. The entity/owner seeking approval of the Special Use Permit shall submit every two (2) years a statement signed and sealed by the applicant's engineer and from an outside independent, registered and licensed engineer on the sixth year as to the structural soundness of the tower. If a tower is determined not to be structurally sound, the entity receiving approval shall have the burden of any repairs and said repairs must be completed within sixty (60) days. m. That the applicant show willingness to camouflage the tower with the surrounding area, i.e., paint, incorporation into architectural design/structure, or other means. Communication towers and associated equipment which are totally concealed within a building or structure so that they are architecturally indiscernible shall not be considered towers. n. That no outside storage be allowed on site. o. That tower's antenna structure will be camouflaged in accordance with the proposed plan presented by the applicant. Mayor Dawkins called for the vote on the motion to issue the Special Use Permit and it carried by a vote of 8 to 3 with Councilmembers Cheek, Kendrick, and Milligan in opposition. D. Case No. P98-11F. Consideration of an application by George Davis, SBA, Inc., for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1) to allow a Tower in an R10 Residential District for an area located north of Shaw Road and west of Peele Street. Containing .25 acres (lease area) more or less and being the property of the City of Fayetteville as evidenced by deed recorded in Deed Book 441, Page 181, Cumberland County Registry. Kathy Kem, Planning Division staff, presented this item. Ms. Kem stated this request was for a 120 foot tower to be located within the flight path of Simmons Air Force Base. She stated this tower would have to meet FAA standards in regards to the requirements for lighting on the tower. Ms. Kem stated all requirements had been met for the issuance of the Special Use Permit. This is the advertised public hearing set for this date and time. The public hearing opened at 8:35 p.m. Having been previously sworn in, Mr. Jerry Eatman stated the tower would be in a wooded tract and in an enclosed, undeveloped PWC compound. He stated he felt the sites of the existing towers showed the good faith being used by Sprint to co-locate their towers. Mr. Brian Barbi, previously sworn in, appeared in favor of the location of the tower. Mr. Graham Herring stated there would be no adverse impact or diminution of value in the property in the area. Miss Diane Sheely, 817 Shaw Road, Fayetteville, NC, was sworn in. Ms. Sheely stated she was opposed to the issuance of the Special Use Permit because of its close proximity to the reserved air space of Simmons Air Force Base. There being no one further to speak either in favor or opposition, the public hearing closed at 8:46 p.m. A discussion was held regarding the use of lights on the tower and SPRINT'S adherence to FAA regulations. Mayor Pro Tem McBryde moved to approve the Special Use Permit to include the Findings of Fact, seconded by Councilmember Smith and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. The following Findings of Fact were made: 1. Such use shall fit in the character of the area; and 2. Such use is not detrimental to the surrounding neighborhood including, but not limited to the items below: a. Residential/professional zoned areas: When a tower is constructed and its height is less than three hundred (300) feet, it shall be set back from all adjacent property lines a distance equal to the height of the tower. When a tower exceeds three hundred (300) feet in height, it shall be set back (measured from its base) from property/lease lines a distance equal to the height of the tower. b. That the tower base be enclosed in a chain link fence with a minimum height of ten (10) feet and such fence to be a minimum of ten (10) feet from the base of the tower. c. That a buffer area twenty-five (25) feet wide be provided around the perimeter of the tower compound to shield all structures, including guide wires or anchors. Such buffer area shall be planted with evergreen trees that will attain a minimum height of twenty-five (25) feet. Such trees to be on a maximum twenty (20) foot spacing. The inner fringe of such buffer area shall have an initial height of at least three (3) feet and be planted with an evergreen hedge that will attain a minimum height of six (6) feet. Such hedge shall be opaque in effect and completely shield any object behind it from view. d. Certification by applicant that the proposed tower will be constructed and operated in accordance with all applicable local, state, and federal laws and ordinances, including, but not limited to, all FCC and FAA rules and guidelines. e. Radio or television or similar reception for adjoining residentially zoned properties will not be disturbed or diminished. f. The height of the tower does not exceed four hundred fifty (450) feet. Where towers are located on buildings/structures, the height of the tower and building/structure combined shall not exceed four hundred fifty (450) feet. g. The use will not be detrimental to the surrounding neighborhood. h. That no tower may be constructed closer than one thousand five hundred (1,500) feet to any other tower. However, concealed towers defined in Section 32-5, Definitions, are exempt. If a variance is needed, the applicant shall appeal to the Board of Adjustments. i. In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation indicating that the power density levels do not exceed federally approved levels or American National Standards Institute (ANSI) standards, whichever provides the stricter requirements. j. Lighting shall meet or exceed the Federal Aviation Administration (FAA) standards if lighting is required by the FAA. To the extent allowed by the FAA, strobes shall not be used for night time lighting. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements. k. That towers which are not used for a period of six (6) months or more shall be removed by the owner within ninety (90) days of notification to the owner from the respective Department of Inspections. To assure the removal of towers which do not meet requirements for use or maintenance, a statement of financial responsibility to the City Inspections Department, shall be submitted for each tower over seventy-five (75) feet. Removal costs shall be charged to the tower owner. l. The entity/owner seeking approval of the Special Use Permit shall submit every two (2) years, a statement signed and sealed by the applicant's engineer and from an outside independent, registered and licensed engineer on the sixth year as to the structural soundness of the tower. If a tower is determined not to be structurally sound, the entity receiving approval shall have the burden of any repairs and said repairs must be completed within sixty (60) days. m. That the applicant show willingness to camouflage the tower with the surrounding area, i.e., paint, incorporation into architectural design/structure, or other means. Communication towers and associated equipment which are totally concealed within a building or structure so that they are architecturally indiscernible shall not be considered towers. n. That no outside storage be allowed on site. Mayor Pro Tem McBryde moved to hold a moratorium on the cellular towers. City Attorney Robert Cogswell requested that Council defer any action on this until a report was received from the Planning Division. Mr. Cogswell explained that because there had already been one moratorium on the towers, there needed to be findings of fact before he could recommend another moratorium. Mayor Pro Tem McBryde inquired of Mr. Cogswell why a moratorium could not be done. Mr. Cogswell stated from a legal standpoint anything like this, if challenged, must have a substantial factual basis in the record. Mr. McBryde stated he felt there were going to be some requests which would be turned down in the future if a moratorium was not held. He stated he would not feel obligated to support another tower. A recess was declared by Mayor Dawkins. 4. Consideration of request to address City Council from J.T. Lee, Jr. Mr. J.T. Lee, Jr., 132 Par Drive, Fayetteville, NC, addressed the Council and requested the closing of a nightclub located at 3611 Ramsey Street. Mr. Lee stated the club was formerly named The Source and had recently been renamed The Big Apple. Mr. Lee presented a petition from the Greens Subdivision and Par Drive in support of his request. 5. Consideration of request to address City Council from Charles Evans and G. Hunter Olive. Mr. Charles Evans, 926 Fleetwood Drive, Fayetteville, NC, addressed the Council. He requested that a traffic signal light be placed at the intersection of Robeson Street and Commerce Street at Savoy Heights Subdivision. Mr. Evans stated this was a high-density residential area with lots of senior citizens. Mr. Evans requested to submit petitions asking the Council to petition the North Carolina Department of Transportation for a traffic signal at the intersection of Robeson Street and Commerce Street through his district representative, Mr. Paul Williams. Mayor Dawkins stated the Council would act as a body when voting on this issue. Mr. G. Hunter Olive appeared and stated his support for the request. Councilmember Worthy moved to accept the report and turn it over to the State and have the proper studies made, seconded by Councilmember Williams. Councilmember Smith offered a friendly amendment that it be sent to the Transportation Committee before sending it to the State. Councilmember Worthy accepted the amendment. The amended motion carried by a vote of 11 to 0 with Councilmember Fogleman excused. 6. Consideration of request to address City Council from John R. White, Executive Director, Seniors Call to Action Team. Mr. John R. White, Executive Director of Seniors Call to Action Team(SCAT), and Brigadier General (Retired) Phillip Williams simultaneously presented this item. Mr. Williams stated the purpose of the presentation was to give the vision for the future of the senior citizens, the fastest growing segment of the population. Mr. White stated there were nine focus areas. A video presentation was played for the Council. Mr. White reviewed the funding priorities for fiscal year 1998-99. He stated that SCAT had needs which needed to be met. Mayor Dawkins inquired if SCAT was requesting $743,000.00 from the City of Fayetteville in the upcoming budget. Mr. Williams stated it would be $743,000.00 minus an approximate $500,000 for the land. Mayor Dawkins stated this issue would be addressed in May or June. Councilmember Kendrick inquired if this was an outside agency funding request from this year or next year. Mr. Stancil stated he thought this was just a presentation and a funding request had been submitted for the upcoming budget for fiscal year 1998-99. Councilmember Kendrick expressed his concern to management that the process for outside funding had been changed. Mr. Stancil stated this was just a presentation and was not a funding request. Councilmember Kendrick stated he felt this opened up requests from other agencies. Councilmember Cheek stated she regretted the confusion about the budget sheet but she did not want the message of this group's presentation to get lost. Ms. Cheek stated SCAT is planning a major facility downtown and they are looking for private funds. SCAT is a major player in what the Council hopes will be downtown. Councilmember Cheek stated she wanted to congratulate SCAT for their hard work and she knew first-hand about that because she had personally worked with them. Ms. Cheek stated she felt SCAT should be heard like other people who had an interest in the downtown area that have been allowed to speak to the Council. Ms. Cheek said the organization has an office downtown now and it is beneficial for the citizens and the Council to know what efforts are being made to benefit the downtown area. 7. Consideration of amendment to Storm Water Utility Ordinance to authorize funds to be spent for flood control and drainage improvements. City Manager Roger Stancil presented this item. Mr. Stancil stated this presentation had been done for the County Commissioners and they had concurred with the recommendation to develop the ordinance. Mr. Wilson Lacy, Chairman of the Fayetteville/Cumberland County Storm Water Advisory Board, addressed the Council regarding the upgrading of the joint storm water program and the addressing of flooding and water quantity issues. Mr. Wilson stated the direction the board would like to take would be to (1) continue present "quality" programs and activities; (2) amend Storm Water Ordinance to also allow the funding of flood control and drainage improvement projects; (3) fund quantity projects only after quality expenses are met; (4) set priorities to be recommended by the Storm Water Advisory Board; and (5) leave the annual storm water fee at the current rate. Mr. Williams requested the Council approve the concept and proceed with the ordinance amendment. Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Kendrick. A discussion ensued regarding the ordinance change. Mr. Stancil stated the action would authorize the spending of funds on quantity issues. Councilmember Smith expressed his concern regarding the ratio of the split of the funds. Mayor Dawkins called for the vote on the motion and the motion carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused and Councilmember Williams absent from the room but not excused. 8. Presentation of City's proposed FY98-99 One Year Action Plan/Budget for CDBG and HOME Funds (HUD). Assistant City Manager Ben Brown, Jr. stated that HUD's 1998-99 budget placed emphasis on two things, job and economic opportunity and housing and home ownership. Mr. Brown stated he anticipated an increase in the funding to be received by the City and the proposed one-year action plan reflected the national theme with the guidance of the City Council, the Redevelopment Commission, and the City Manager. Mr. Brown said an effort had been made to strengthen and invest in the successful programs and to foster an entrepreneurial approach to doing business. A video tape showing both completed and ongoing projects was played. Mr. Michael E. McNair, Interim Community Development and Housing Manager, presented a summary of the proposed 1998-99 Action Plan/Budget. A discussion was held regarding the carry-over of funds. Councilmember Massey stated that he felt that everyone should be made aware that the funds from the federal government were decreasing each year and these funds should be spent wisely. 9. Consideration of adoption of resolution to advertise an offer by Shuller, Ferris, Lindstrom and Johnson to purchase and to solicit upset bids for the City Parking Lot at corner of Burgess Street and Maiden Lane. RESOLUTION AUTHORIZING ADVERTISEMENT OF AN OFFER TO PURCHASE CERTAIN CITY PROPERTY AND TO SOLICIT UPSET BIDS. RESOLUTION NO. R1998-036. Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Smith. Councilmember Kendrick inquired about the reason for selling this property. City Manager Roger Stancil stated the firm needed assured parking and it was his opinion this would be the best solution. A discussion was held regarding the legal requirements and costs for advertising. Councilmember Cheek expressed her concern about selling this lot because she thought a parking deck had been allocated for this area. Mr. Stancil stated it was his understanding that the parking deck would be near the Wachovia Building. Mayor Dawkins called for a vote on the motion and the motion carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. A copy of the foregoing resolution is on file on the City Clerk's office in Resolution Book R1998. 10. Consideration of adoption of resolution authorizing disposal of City-owned personal property by public auction. (Date of auction: May 16, 1998) A RESOLUTION DECLARING VARIOUS CITY-OWNED PERSONAL PROPERTY ITEMS SURPLUS AND AUTHORIZING DISPOSAL VIA PUBLIC AUCTION AS ALLOWED BY N.C.G.S. 160A-266 AND 160A-270(b). RESOLUTION NO. R1998-037. Councilmember Kendrick moved to approve, seconded by Councilmember Massey and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. A copy of the foregoing resolution is on file on the City Clerk's office in Resolution Book R1998. 11. Consideration of approval of Operating Agreement between Boys and Girls Club and City of Fayetteville for use of 333 Ray Avenue (former USO building). Councilmember Worthy moved to approve, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. 12. Consideration of approval of Airborne Museum documents: A. Approve Agreement for Indemnification with Airborne Foundation. Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Kendrick and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. B. Adopt resolution authorizing Airborne and Special Operation Museum Foundation entry upon Museum site. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING ENTRY UPON THE AIRBORNE MUSEUM SITE. RESOLUTION NO. R1998-038. Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Kizer and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. A copy of the foregoing resolution is on file on the City Clerk's office in Resolution Book R1998. C. Consideration of indemnification agreement with Rothchild Assets, L.L.C., a North Carolina Limited Liability Company City Attorney Robert Cogswell presented this item. Mr. Cogswell stated this agreement would provide the City with ingress and egress to the site off of Hay Street. Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Kendrick and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. D. Consideration of indemnification agreement with James G. Vanstory. City Attorney Robert Cogswell stated this property had not been acquired at this time but Mr. Vanstory had agreed to allow entry on his property in order to begin the demolition process. Councilmember Kendrick moved to approve, seconded by Councilmember Cheek and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. 13. Consideration of request from Cumberland County for letter of support from City Council to assist in securing a Brownfields Agreement with NCDENR. Councilmember Cheek stated that in light of the fact that the Council had not received information on what the center was going to be, and it was going to be downtown, she would like to make a motion to refer this to the City-County Liaison Committee, seconded by Councilmember Talbot and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. 14. Consideration of items for referral to the City-County Liaison Committee. (April meeting) Councilmember Cheek requested to refer the discussion of recycling centers to the City-County Liaison Committee, seconded by Councilmember Kendrick and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. 15. Consideration of terminating City participation in the School Resource Officer program effective July 1, 1998. Councilmember Kendrick moved to approve, seconded by Councilmember Milligan and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. No discussion was held on this item. 16. Consideration of initiating the process to change the name of McFayden Drive to McFadyen Drive. Councilmember Talbot moved to refer this item to the Planning Division for ordinance development, seconded by Councilmember Williams and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. 17. Discussion of Council travel policy. Councilmember Kendrick presented this item. Mr. Kendrick expressed his concerns regarding the need for a cap for travel expenditures. Councilmember Kendrick moved to refer this item to the Policy Committee, seconded by Mayor Pro Tem McBryde. An in-depth discussion was held regarding the pros and cons of setting a cap on Council's travel expenditures and the feasibility of sending this item to the Policy Committee. Mayor Dawkins called for the vote and the motion carried by a vote of 9 to 2 with Councilmembers Massey and Haire in opposition and Councilmember Fogleman excused. 18. Consideration of referring term limits for the Public Works Commission to the Policy Committee. Councilmember Smith, the Council's liaison on the PWC Commission, presented this item. Mr. Smith stated that due to the uniqueness of this body and the expertise required, he was making a motion to refer the term limits of PWC members to the Policy Committee for consideration, seconded by Mayor Pro Tem McBryde. A discussion was held regarding the pros and cons on the motion to refer and the desired length of the terms. Mayor Dawkins called for a vote on the motion to refer to the Policy Committee and the motion carried by a vote of 7 to 4 with Councilmembers Talbot, Williams, Worthy and Haire in opposition. 19. APPOINTMENTS: A. PWC Retirement Board: nominations are needed to fill one attorney vacancy. Councilmember Kendrick nominated Mr. Robert Butler. Councilmember Worthy nominated Mr. Marshall Pitts. B. Firemen's Relief Fund: Consideration of request from Fire Chief to appoint Interim Finance Director to serve in vacancy created by Finance Director's resignation. Councilmember Kizer nominated Lisa Smith, Interim Finance Director. C. Historic Resources Commission: nominations needed to fill building designer or land use design professional for fill-in term to expire October 31, 1998. Councilmember Cheek nominated Michelle Michael. 20. ADMINISTRATIVE REPORTS A. Report on Mazarick Basketball Project. INFORMATION ITEMS: 1. Copies of Electric and Water Utilities Newsletter sent to subdivision residents from PWC. 2. Information on water services for the Morris Street/Karr Drive area. 3. Report on Traffic Operations at Country Club Drive/Tokay Drive and Ramsey Street. Requested by Councilmember Mark Kendrick) 4. Report on Bunce Road Neighborhood Meeting. 5. City Property Index. (Requested by Councilmember Paul Williams) 6. Information on proposed street name change for the City of Fayetteville. 7. Copy of letter from Congresswoman Eva Clayton regarding forum to be held at Fayetteville State University. 8. Information on public hearing for the Fayetteville Outer Loop from US 401 to I-95 at the Existing US 13 Interchange. 9. Parks and Recreation Advisory - minutes of February 23, 1998. 10. Airport Commission - minutes of February 24, 1998. 11. PWC - minutes of March 11, 1998. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Milligan and carried unanimously by a vote of 11 to 0 with Councilmember Fogleman excused. The meeting adjourned at 10:59 p.m. REGULAR MEETING APRIL 20, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER APRIL 20, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Victor Sharpe, Planning Division Manager Craig Hampton, Administrative Services Director Lisa Smith, Interim Finance Director Robert Barefoot, Recreation/Community Facilities Director Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend J. J. Williams, Pastor, Anderson Temple Church of God in Christ, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. Councilmember Worthy presented Reverend Williams with a City pin. RECOGNITION: Mayor Dawkins announced the Character Education Concept for April 1998 was Citizenship. 1. APPROVAL OF AGENDA City Attorney Robert Cogswell requested to add both Muse vs. City of Fayetteville, and Metro Air Limited vs. City of Fayetteville as well as the acquisition of a U.S. Airborne Museum property to Item 22. Mayor Pro Tem McBryde moved to approve the agenda with the exception of Metro Air until information could be received from Mr. Cogswell, seconded by Councilmember Smith. A discussion was held regarding when the item on Metro Air would be discussed. Mayor Dawkins called for a vote on the motion and the motion carried 9 to 3 with Councilmembers Worthy, Talbot, and Williams in opposition. 2. CONSENT: Councilmember Kizer requested to abstain from voting on Item 2.J and Mayor Dawkins requested to abstain on Item 2.K. Councilmember Kendrick moved to allow Councilmember Kizer to abstain from discussion or voting on Item 2.J and Mayor Dawkins from Item 2.K, seconded by Councilmember Talbot. The motion carried unanimously by a vote of 11 to 0 with Councilmember Kizer not voting. Mayor Pro Tem McBryde requested to pull Items 2.J and 2.K. Councilmember Cheek requested to pull Item 2.B. Mayor Pro Tem McBryde moved to approve the consent agenda with the exceptions of Items 2.B, 2.J, and 2.K, seconded by Councilmember Kendrick and carried unanimously by a vote of 12 to 0. The following items were unanimously approved: A. Approve minutes of information meeting of March 23, 1998. B. Pulled for discussion. C. Authorize Mayor to sign encroachment agreement with N.C. DOT for railroad cabinet within Broad Street right-of-way. D. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, changing Yield Control to Stop Control at the following locations: (Citizen request) 1. Albany Street and Broadell Drive 2. Albany Street and Edgecombe Avenue AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. TRAFFIC SCHEDULE NUMBER 14 ­ YIELD RIGHT-OF-WAY. ORDINANCE NO. NS1998-017. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. TRAFFIC SCHEDULE NUMBER 6 ­ STOP INTERSECTIONS. ORDINANCE NO. NS1998-018. E. Refer to Transportation Committee the consideration of No Parking operations in Cape Fear Valley Medical Center area from 7:00 p.m. to 7:30 am on the following streets: (1) Avon Street, (2) Cape Center Court, (3) Medical Drive, (4) Sandhurst Drive, and (5) Walter Reed Road. F. Approve renewal of lease agreement with Cape Fear Railroaders for space in Amtrak Station. G. Adopt Special Revenue Fund Project Ordinance Amendment 98-6 (Juvenile Restitution Program). H. P98-8F. Approve the rezoning from C1 Local Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located east of Gillespie Street and south of Russell Street. Containing 5.4 acres more or less and being the property of Mary B. Yarborough; BNE Restaurant Group, II, LLC; N. Hector McGeachy & Katherine McGeachy Ward; McElwee Bellamy; Trailways Line, Inc.; General Realty & Insurance Co.; and Mary J. Paul as evidenced by deeds recorded in Deed Books 908, Page 83; 2477, Page 262; 4642, Page 604; 2114, Page 155; 3797, Page 0523; 3132, Page 35; 973, Page 379; and 3344, Page 440, respectively, Cumberland County Registry. (Site of proposed Cumberland County Jail) I. P98-14F The initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on Law Road east of Carrol Avenue. Containing .30 acres more or less and being the property of Carroll Avenue Associates as evidenced by map and legal description furnished by the City of Fayetteville, and being scheduled for annexation effective March 16, 1998. J. Pulled for discussion. K. Pulled for discussion. L. Adopt resolution authorizing condemnation of an easement crossing the Jerry Shaw and wife, Sherry Shaw, property; Parcel 6, College Lakes Sanitary Sewer Outfall. RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF JERRY SHAW AND WIFE, SHERRY SHAW, LOAN GUARANTY OFFICER M.D. PARKER, TRUSTEE AND THE SECRETARY OF VETERANS AFFAIRS. RESOLUTION NO. R1998-039. B. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, to prohibit parking on: 1. Portions of McNeill Circle and Marshall Road. 2. Entire McNutt Road. Councilmember Cheek requested to pull this item. She moved to hold a public hearing on May 26, 1998, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. J. Adopt PWC Annexation Phase III-A Capital Project Fund Budget, Amendment #1. Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Kendrick and carried unanimously by a vote of 11 to 0 with Councilmember Kizer abstaining. K. Approve submission of City's 1998-99 One-Year Action Plan/Budget to the Department of Housing and Urban Development for CDBG and HOME funds. Mayor Pro Tem McBryde presented this item. Councilmember Kendrick moved to approve the submission of the 1998-99 One-Year Action Plan/Budget to the Department of Housing and Urban Development, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. Mayor Dawkins abstained from this item. Copies of the foregoing ordinances are on file in Ordinance Book NS1998 and a copy of the foregoing resolution is on file in Resolution Book R1998 in the City Clerk's office. 3. PUBLIC HEARINGS: A. P98-5F. Consideration of the rezoning from P1 Professional District to P2 Professional District or to a more restrictive zoning classification for an area located at 1802, 1804 and 1806 Murchison Road. Containing .66 acres more or less and being the property of Dr. G. W. Allen, and G. Wesley & Sylvia Allen as evidenced by deed recorded in Deed Book 614, Page 253, Cumberland County Registry. Mr. Victor Sharpe presented this item. Mr. Sharpe stated the Zoning Commission and the staff recommended approval of the rezoning request. A discussion was held regarding the difference between P1 and P2 zoning and the probability of a P2 zone changing to C1. This is the advertised public hearing set for this date and time. The public hearing opened at 7:36 p.m. Mr. James Pringle, Pringle Real Estate, 206 S. McPherson Church Road, Fayetteville, NC, and Mr. Brian Manning, 214 Mason Street, Fayetteville, NC, appeared in favor of the rezoning. Mr. David Pugh, 775 Rosewood Avenue, Fayetteville, NC, Ms. Ernestine Allen, 1911 Newark Avenue, Fayetteville, NC, Ms. Cathy Andrews, 801 Normal Avenue, Fayetteville, NC, and Mr. Jesse Kirkland, 2200 Lake Avenue, Fayetteville, NC, appeared in opposition to the rezoning. They requested that a police substation be placed in their neighborhood. Mr. Brian Manning appeared in rebuttal to the opposition and stated that in order to have a police substation, the zoning would have to be P2. After a lengthy discussion, Councilmember Worthy moved to approve the rezoning from P1 to P2, seconded by Councilmember Williams and carried by a vote of 11 to 1 with Councilmember Haire in opposition. There being no one further to speak in favor or opposition, the public hearing closed at 7:59 p.m. B. P98-16F. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Section 32-22.10(b) by deleting the same in its entirety and substituting the following: One employee can be employed specifically in connection with the incidental home occupation, and Section 32-22.13 by adding the phrase "and cosmetologist" after the word "engineers" in the first line. Mr. Victor Sharpe presented this item and recommended denial of the ordinance amendment. Mr. Sharpe reviewed the current ordinance and explained the effects of the requested changes. This is the advertised public hearing set for this date and time. The hearing opened at 8:14 p.m. Mr. Julius Fairley, 620 Tokay Drive, Fayetteville, NC, and Ms. Tammie Fairley, 620 Tokay Drive, Fayetteville, NC, appeared in favor of the ordinance amendment. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:17 p.m. A discussion was held regarding the difference between the medical profession and the cosmetology profession, the necessities and affects of hiring assistants in a home-based business and the issue of allowing businesses to operate in a residential area. Councilmember Williams moved to allow the amendment to the ordinance, seconded by Councilmember Haire. The motion was defeated by a vote of 9 in opposition to 3 in favor. Councilmembers Worthy, Williams, and Haire voted in favor of the motion. C. Consideration of adoption of resolution closing a portion of Open View Drive. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 8:29 p.m. Ms. Beth Barnes, 688 Azalea, Fayetteville, NC, appeared in favor of the street closing. There was no one further to speak either in favor or opposition and the public hearing closed at 8:30 p.m. RESOLUTION AND ORDER CLOSING A PORTION OF OPEN VIEW DRIVE. RESOLUTION NO. R1998-040. Councilmember Fogleman moved to accept staff recommendation, seconded by Councilmember Williams and carried unanimously by a vote of 12 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 4. P98-2F. Consideration of the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located east of Gables Drive and 517 Country Club. Containing 5.07 acres more or less and being the property of Edith B. Chance as evidenced by deeds recorded in Deed Books 2526, Page 798 and 505, Page 157 respectively, Cumberland County Registry. Councilmember Cheek moved to set a public hearing for May 4, 1998, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. 5. P98-4F. Consideration of the rezoning from C3 Heavy Commercial District to C2 Central Business District or to a more restrictive zoning classification for an area located between Bragg Blvd. and Hillsboro Street, south of Walter Street, and north of Cashwell Street, and an area west of Bragg Blvd., south of Cashwell Street and north of Hay Street. Containing 7.18 acres more or less and being the property of James Vanstory as evidenced by deed recorded in Deed Books 1177, Page 515; 3355, Page 69; 2681, Page 595; City of Fayetteville as evidenced by deed recorded in Deed Books 4792, Pages 576 and 580, 2654, Page 891; 4805, Page 459; 405, Page 447; 4797, Page 833; Fayetteville Publishing Company as evidenced by deed recorded in Deed Books 828, Page 386; 4678, Page 298; 4549, Page 612; 2662, Page 434; Doretha Dupree as evidenced by deed recorded in Deed Book 2096, Page 54; Bertha Grady Life Estate as evidenced by Deed recorded in Deed Book 2844, Page 485; Linda Gail Wilson as evidenced by Deed Books 4549, Page 337, 4544, Page 1; Charlie L. Collins as evidenced by deed recorded in Deed Book 2750, Page 123; Smith Temple Holy Church as evidenced by deed recorded in Deed Book 2171, Page 96; Betty Marrs as evidenced by deed recorded in Deed Book 3747, Page 118; Joseph P. Zahran as evidenced by deed recorded in Deed Book 3744, Page 189; and Apostolic Highway Church of Christ as evidenced by deed recorded in Deed Book 4361, Page 571, all of the Cumberland County Registry. Mayor Pro Tem McBryde moved to approve the recommendation with the following parcels excluded: Baalam McLean, Naegele Outdoor Advertising and NC Department of Transportation (West of Bragg Blvd.), seconded by Councilmember Kendrick and carried unanimously by a vote of 12 to 0. City Attorney Robert Cogswell stated for the record that several of the parcels recited in this item had been purchased by the City. 6. P98-7F. Consideration of the rezoning from R10 Residential District to C1P Shopping Business District or to a more restrictive zoning classification for an area located at 3120 and 3124 Boone Trail. Containing .92 acres more or less and being the property of Mr. & Mrs. Yates Black, and Bordeaux Center, Inc. as evidenced by deeds recorded in Deed Books 749, Page 196 and 2803, Page 103 respectively, Cumberland County Registry. Councilmember Kendrick moved to set a public hearing for May 18, 1998, seconded by Mayor Pro Tem McBryde and carried by a vote of 11 to 1 with Councilmember Williams in opposition. A discussion ensued regarding the cost of advertising of public hearings. 7. Consideration of request to address City Council from Lois J. Lambie. Ms. Lois J. Lambie, 2010 Rock Avenue, Fayetteville, NC, appeared before Council. Ms. Lambie requested Council to allow a two-week uncontainerized leaf pick-up in the spring for the shedding of oak trees. Ms Lambie stated because of the size of the leaves they are impossible to pick up. 8. Consideration of the following financial matters: City Manager Roger Stancil presented this item. Mr. Stancil requested that in order to move this process forward, two resolutions needed to be approved. Mr. Stancil stated he knew the t-hangars were in question but this issue could be addressed after the construction bids had been received. A. Adopt resolution directing the filing of an application for approval by Local Government Commission of installment financing agreement to finance construction and equipping of recreation and parks facilities, fire station, airport t-hangars; and acquisition of equipment and vehicles. RESOLUTION DIRECTING FILING OF APPLICATION FOR APPROVAL BY LOCAL GOVERNMENT COMMISSION OF INSTALLMENT FINANCING AGREEMENT TO FINANCE CONSTRUCTION AND EQUIPPING OF CLIFFDALE AND MYERS PARK RECREATION CENTERS, SCHOOL ROAD FIRE STATION, AIRPORT HANGARS, DOUGLAS BYRD SCHOOL BALLFIELD IMPROVEMENTS AND ACQUISITION OF VEHICLES AND EQUIPMENT. RESOLUTION NO. R1998-041. Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Fogleman. Councilmember Talbot requested to amend the motion by deleting the airport hangars. Mayor Pro Tem McBryde stated he would not accept the amendment. Mayor Dawkins called for the vote and the motion carried by a vote of 10 to 2 with Councilmembers Talbot and Williams in opposition. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. B. Adopt resolution calling for setting a public hearing on May 4, 1998, concerning the financing of the construction and equipping of recreation and parks facilities, fire station, airport t-hangars; and acquisition of equipment and vehicles. RESOLUTION CALLING FOR A PUBLIC HEARING CONCERNING THE FINANCING OF THE CONSTRUCTION AND EQUIPPING OF CLIFFDALE AND MYERS PARK RECREATION CENTERS, SCHOOL ROAD FIRE STATION, AIRPORT HANGARS, DOUGLAS BYRD SCHOOL BALLFIELD IMPROVEMENTS AND ACQUISITION OF VEHICLES AND EQUIPMENT. RESOLUTION NO. R1998-042. Councilmember Smith moved to set a public hearing for May 4, 1998, and to adopt the resolution, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 9. Consideration of adoption of resolution establishing a PWC Electric Utility System Rate Stabilization Fund. RESOLUTION ESTABLISHING AN ELECTRIC UTILITY SYSTEM RATE STABILIZATION FUND. RESOLUTION NO. R1998-043. Mayor Pro Tem McBryde moved to approve, seconded by Councilmember Smith and carried unanimously by a vote of 12 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 10. Consideration of rejection of bids for eleven yard refuse trucks to permit the rewriting of the bid specifications. Mayor Pro Tem McBryde moved to reject all bids, seconded by Councilmember Worthy. Discussion was held regarding the small number of bidders. Mr. Craig Hampton stated these were specialized bidders and the number of responses had been limited. Mayor Dawkins called for a vote on the motion and the motion carried unanimously by a vote of 12 to 0. 11. Consideration of rejection of bid received for Kinwood drainage to allow for redesign of project. Mayor Pro Tem McBryde moved to reject the bids, seconded by Councilmember Worthy. A discussion was held regarding the starting day of the project after bids had been received, the cost of redesigning the project, and the lack of bidders due to the complicated project. Mayor Dawkins called for a vote and the motion carried unanimously by a vote of 12 to 0. 12. Consideration of approval of options related to the redesign of Fire Station 8. City Manager Roger Stancil presented this item. Mr. Stancil stated on February 2, 1998, the Council had rejected bids which were $200,000.00 over projections with the understanding that two methods of cost reduction would be pursued. The first method of scaling back resulted in a savings of $28,765.00. Therefore Mr. Stancil recommended the approval of the second method of total redesign of Fire Station 8. Mr. Stancil also recommended adopting the budget ordinance amendment and approving the change order to the A&E contract for redesign. A discussion was held regarding the lifecycle of the proposed building. Mr. Stancil stated the lifecycle was the same as the fire station currently being constructed. Councilmembers expressed their concern regarding the use of brick for buildings in the Downtown area and not using brick but using metal in the fringe areas. Mr. Stancil stated the bricks were in keeping with the Downtown historical characteristics and the Fire Department had approved this building as presented. He informed the Council that this design would be brought back to the Council after the Appearance Commission's review of the design. Councilmember Smith moved to approve Option 2 to include total redesign of Fire Department Station 8, the adoption of capital project ordinance amendment change 98-16 (CPO-97-8), and the approval of the change order to A&E contract for redesign in the amount of $28,700.00, seconded by Councilmember Haire. Further discussion was held regarding the precedence being set by the approval of the use of metal buildings because of their cost effectiveness. Mayor Dawkins called for the vote and the motion carried 10 to 2 with Councilmembers Worthy and Talbot in opposition. 13. Consideration of approval of change order to Shuller-Ferris contract to provide scheduling and construction management services for Cliffdale and Myers Recreation Centers. City Manager Roger Stancil presented this item. Mr. Stancil stated that in the past, staff had planned and managed construction work on public buildings after bids were awarded. However, due to several vacancies in key project management positions, it was his opinion that the City did not have the resources to manage the projects underway. Mr. Stancil recommended amending the contract with Shuller-Ferris to provide construction management services for approximately $87,186.00. Mr. Stancil stated this action would enable the staff to evaluate contractive construction management services and would be consistent with efforts to privitize whenever possible. He stated it would also be consistent with the belief that capital projects should stand on their own. Councilmember Kizer moved to approve, seconded by Councilmember Fogleman. Councilmember Cheek inquired as to whether it was customary to hire the architect as project manager or should a third party be used. Mr. Stancil stated the staff felt it would be beneficial to hire the architect because of his familiarity with the project. Councilmember Worthy inquired if there would be additional liability for Shuller-Ferris. Mr. Stancil replied in the negative. He stated reports would be given to the Council on the progress of this project. Mayor Dawkins called for the vote and the motion carried unanimously by a vote of 12 to 0 with Councilmember Massey not present but not excused and his vote was cast in the affirmative. 14. Consideration of recommendations associated with the annexation of undeveloped property, as requested by City Council. A. Adoption of amendments to firearms ordinance to regulate hunting on tracts of land in excess of 50 acres. B. Report on open burning and animal control issues AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 21-16.1, FIREARMS­USE REGULATED, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1998-002. Councilmember Kendrick moved to adopt both A and B, seconded by Councilmember Milligan and carried unanimously by a vote of 12 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 15. Consideration of adoption of resolution declaring a ninety-day moratorium on the issuance of cellular phone tower special use permits. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DECLARING A MORATORIUM ON THE ISSUANCE OF TELECOMMUNICATION TOWER SPECIAL USE PERMITS. RESOLUTION NO. R1998-044. Mayor Pro Tem McBryde moved to adopt the resolution authorizing the moratorium on the issuance of telecommunications towers, seconded by Councilmember Cheek. City Attorney Robert Cogswell stated that during this moratorium towers could be co-located. Mayor Dawkins called for the vote on the motion and it carried by a vote of 11 to 1 with Councilmember Williams in opposition. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 16. Report from Transportation Committee: A. Update on Shedd Avenue paving Councilmember Smith presented this item. Mr. Smith stated that there were 200 feet of street that had not been accepted by the City and had not been paved. The residents had objected to the assessment and Community Development was currently looking into the possibility of financial aid. Mr. Smith reported the Committee had tabled this item until further information could be received. B. Proposed extension of Cochran Avenue to connect with Rosehill Road Councilmember Smith reported that due to the wetlands that had to be traversed, the cost of this project was prohibitive and the Committee had voted not to pursue the extension. A discussion was held regarding the cost of the wetlands study. Councilmember Kizer replied to Councilmember Massey's questions that it would be cost prohibitive and the likelihood of this project being approved with the new wetlands regulations were slim. Mayor Pro Tem McBryde moved to accept the Committee's report, seconded by Councilmember Talbot and carried unanimously by a vote of 12 to 0. C. Glensford Drive speed studies Councilmember Smith reported that in order to deal with excessive speed in this area, a flashing light had been installed and a petition was being circulated for a 25-mile per hour speed limit. Mr. Smith stated the City staff was reviewing the different devices that could be used to slow the traffic in this neighborhood and a neighborhood public meeting would be held for residential input. 17. Report from Policy Committee: Councilmember Kendrick presented this item 1. Discussion of policy on sidewalk construction and maintenance. (Policy 160.2) Councilmember Kendrick moved to follow the recommendation of the Policy Committee to send Policy 160.2, as well as Chapters 26 and 27 of the City Code, to staff for review with particular attention to sidewalks in new subdivisions only being required on one side without participation, to review the policy on terraces, as well as any revisions necessary to Chapters 26 and 27, and that after staff had drafted the recommended changes, it be sent to the Transportation Committee of the City Council for their consideration and review, seconded by Mayor Pro Tem McBryde and carried unanimously by a vote of 12 to 0. 2. Discussion of policy regarding award of service revolvers. (Policy 130.1) Councilmember Kendrick reported the Committee's recommendations and moved to change the word "revolver(s)" to the word "pistol(s)", to add to the fourth sentence after the word "duty" the words "as recognized by the North Carolina Law Enforcement Pension System" and delete the last two sentences, seconded by Councilmember Talbot. Councilmember Smith stated his opposition to the policy change because it was his opinion that a firearm was an honorary presentation and symbolic gesture and not a defense weapon. Mayor Dawkins called for a vote on the motion to revise this policy and the motion carried by a vote of 10 to 2 with Councilmembers Smith and Fogleman voting in opposition. 3. Discussion of setting of special meetings. (Referred 1/20/98) Councilmember Kendrick reported the Committee recommended a policy be drafted to give the City Attorney authority to initiate a special meeting notice if in his opinion the function qualified as a meeting under the Open Meetings Law. Councilmember Kendrick moved to approve a new policy No. 120.6, Special Meetings Notices, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. The policy is as follows: It shall be the policy of the City Council that when the City Attorney is of the opinion that an invitation extended to a majority of the City Council to attend a meeting, assembly, or gathering together that qualifies as an official meeting pursuant to the Open Meetings Law, NSCG §143-318.9, et. seq., and said function will occur prior to a regularly scheduled meeting of the City Council or time would not otherwise permit the City Council to vote to set a special meeting, that the City Attorney is authorized to initiate through the City Clerk a special meeting notice. 4. Discussion of policy on City Council out-of-town travel.(Policy 115.6) Councilmember Kendrick reported that Councilmember Cheek made a motion, seconded by Councilmember Fogleman, that each Councilmember be authorized up to $2,000.00 per year for travel reimbursement in accordance with the policy, and that any amounts in excess of $2,000.00 be submitted to the City Council. The motion passed with Councilmember Massey in opposition. Thereafter a motion to reconsider was made by Councilmember Cheek, seconded by Councilmember Fogleman, and it passed unanimously. Councilmember Cheek than made a motion, seconded by Councilmember Fogleman, that each City Councilmember be authorized up to $2,500.00 per year for travel reimbursement in accordance with the policy. The motion passed unanimously. Councilmember Worthy moved to accept the policy as proposed in the Policy Committee that travel expenses be set not to exceed $2,500.00 per Councilmember. Councilmember Massey seconded the motion with friendly amendment that the cap would also apply to the Mayor and his designee. Councilmember Worthy accepted the friendly amendment. A discussion followed regarding the dollar amount that should be set for the Council's travel and whether the cap should apply to the Mayor and his designee. Mayor Dawkins called for the vote on the motion and the motion failed by a vote of 3 to 9. Councilmembers Massey, Worthy, and Haire voted in favor and Councilmembers Smith, Talbot, Kendrick, Cheek, McBryde, Fogleman, Milligan, Williams and Kizer voted in opposition. Mayor Pro Tem McBryde moved to set a cap of $2,000.00 for Councilmembers not to include the Mayor or his designee, seconded by Councilmember Milligan. Councilmember Massey made a substitute motion to approve the cap of $2,000.00 but to include the Mayor and his designee. City Attorney Robert Cogswell ruled that Mr. Massey's substitute motion was the opposite of the original motion. Mayor Dawkins called for the vote on the second motion and it carried by a vote of 7 in favor to 5 in opposition. Councilmembers McBryde, Cheek, Kizer, Kendrick, Smith, Fogleman and Milligan voted in favor and Councilmembers Worthy, Talbot, Williams, Massey and Haire voted in opposition. 5. Discussion of policy regarding term limits of Public Works Commission members. (Policy 110.2) Councilmember Kendrick stated that the Committee felt due to the size and operation of the Public Works Commission and its budget and in order to take advantage of the expertise gained by these appointees, they should be eligible for a second four-year term. Councilmember Kendrick moved to approve the revised Policy 100.2 as recommended by the Policy Committee, seconded by Councilmember Cheek. A discussion was held regarding this issue. Mayor Dawkins called for the vote on the motion and it carried by a vote of 10 to 2 with Councilmembers Haire and Williams in opposition. 18. Consideration of Vision Statement for the City of Fayetteville Councilmember Kizer, Chairman of the Vision Statement Committee, presented the Committee's recommendation for a Vision Statement. The statement is as follows: THE CITY OF FAYETTEVILLE, A PARTNERSHIP OF CITIZENS WITH A DIVERSE CULTURE AND RICH HERITAGE, IS COMMITTED TO CREATING A VIBRANT, SELF-SUFFICIENT COMMUNITY THAT WILL PROMOTE AN ATMOSPHERE OF CONFIDENCE, COOPERATION, AND UNITY. Councilmember Cheek inquired about the words "self-sufficient." Councilmember Kizer explained that the intent of the Committee was to create an economy for the City that would be independent of Fort Bragg and allow the City to stand on its own. Councilmember Cheek moved to work on the Vision Statement further and to remove the words "self-sufficient" because she felt Fort Bragg was very much a part of Fayetteville. Councilmember Haire seconded the motion. A discussion was held with Councilmembers expressing their opinions as to the effect of eliminating the words "self-sufficient" from the Vision Statement. Councilmember Kizer stated that both he and Mr. Stancil had talked about sending the statement to outside groups for their input. Councilmember Cheek requested to change her motion to be to send this Vision Statement without the words "self-sufficient" to the Committee to send to groups in the community for their input. Further discussion was held regarding the wording of the statement. Mayor Dawkins called for the vote on the revised motion and the motion passed with a vote of 7 in favor to 5 in opposition. Councilmembers Haire, Williams, Fogleman, McBryde, Cheek, Kendrick and Smith voted in favor and Councilmembers Kizer, Talbot, Massey, Milligan and Worthy in opposition. 19. Consideration of summary Goals Statement from City Council Retreat held January 23-24, 1998. Councilmember Worthy moved to approve, seconded by Councilmember Haire and carried unanimously by a vote of 12 to 0. Councilmember Haire requested to be excused at this time. Councilmember Cheek moved to excuse Councilmember Haire from the remainder of the meeting, seconded by Kendrick and carried by a vote of 11 to 0 with Councilmember Haire not voting. 20. APPOINTMENTS: A. Election of nominees to fill one attorney vacancy on PWC Retirement Board. Mr. Robert Butler was appointed to the attorney vacancy. B. Election of nominee to fill one vacancy on Firemen's Relief Fund. Ms. Lisa Smith, Interim Finance Director, was appointed to the Board of Trustees. C. Election of nominee to fill one Category 4, Building Designer or Land Use Design Professional on Historic Resources Commission. Ms. Michelle Michael was appointed as fill-in for the Category 4 Building Designer or Land Use Design Professional vacancy. This vacancy will expire October 31, 1998. D. Consideration of request to extend the term limit for the travel agent representative on the Airport Commission. After a lengthy discussion regarding whether this term should be extended or not, Councilmember Cheek moved to refer the item to the Policy Committee, seconded by Councilmember Talbot and carried unanimously by a vote of 11 to 0 with Councilmember Haire excused. 21. ADMINISTRATIVE REPORTS A. Report on recommendations on proposed divided median for multi-lane roads. Mr. Stancil reported that the staff recommended using the four-lane road with a grass median provided the median was curbed and guttered around the exterior. A discussion was held regarding the holding of a public hearing for citizen input. Councilmember Talbot moved to refer this item to the Transportation Committee, seconded by Mayor Pro Tem McBryde and carried by a vote of 10 to 1 with Councilmember Worthy opposed and Councilmember Haire excused. B. Report on commercial dumpster collection bid. City Manager Roger Stancil stated that the focus group would be back to the Council on April 27, 1998, with a report on the analysis of these bids. 22. Consideration of request for closed session to discuss litigation. Mayor Pro Tem McBryde moved to go into a closed session to discuss the following litigation and land acquisition: (1) Muse vs. City of Fayetteville; (2) Metro Air Limited vs. City of Fayetteville; and (3) acquisition of U.S. Airborne Museum property. The regular session closed at 10:40 p.m. and resumed at 10:57 p.m. INFORMATION ITEMS: 1. Announcement of breakfast meeting for a presentation of issues to legislators serving this area: Thursday, April 23, 1998, 8:00 am, Holiday Inn, Exit 49 of I-95. 2. Statement of taxes collected for the month of March 1998, from the Cumberland County Tax Collector. 1997 Taxes $287,457.31 1997 Vehicle Taxes 188,377.91 1997 Revit 318.18 1997 Vehicle Revit 217.01 1997 FVT 23,739.41 1997 Storm Water 24,416.31 1996 Taxes 13,445.39 1996 Vehicle Taxes 12,896.91 1996 Revit 36.58 1996 Vehicle Revit 7.80 1996 FVT 2,020.00 1996 Storm Water 1,915.75 1996 Discount 0.00 1995 Taxes 4,175.56 1995 Vehicle Taxes 392.15 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 40.00 1995 Storm Water 725.70 1994 Taxes 1,702.73 1994 Vehicle Taxes 66.33 1994 Revit 0.00 1994 Vehicle Revit 0.00 1994 FVT 20.00 1993 And Prior Taxes 1,141.49 1993 Vehicle Taxes 49.68 1993 And Prior Revit 0.00 1993 & Prior Vehicle Revit 0.00 1993 & Prior FVT 25.69 Interest 16,308.69 Interest (Revit) 17.60 Interest (Storm Water) 1,188.13 Fayetteville Discount (0.00) Revit. Discount (0.00) Total Collections $580,702.31 3. Copy of Issue Brief from ElectriCities. 4. Monthly report for March 1998, from Cumberland County Animal Control. 5. Information on Fire Training Facility. 6. Letter from NC DOT regarding installation of traffic signal at the intersection of US 401 Business (Robeson Street) and Levy Street. 7. Information from public hearing held on April 8, 1998, by the NC DOT on the outer loop project from I-95 North to 401 Highway (Ramsey Street). 8. Status Report on Jordan Lake Interbasin transfer. 9. Letter from President of Chamber of Commerce regarding subsidy for commercial garbage service. 10. Information on Competitive Baseline Assessment - water plants, wastewater plants, lift stations laboratory. 11. Police Department - report from the Office of Professional Standards for the month March 1998. 12. PWC - minutes of special meeting of March 12, 1998. 13. FACVB - minutes of March 12, 1998. Mayor Pro Tem McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 11 to 0 with Councilmember Haire excused. The meeting adjourned at 10:58 p.m. REGULAR MEETING APRIL 27, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER APRIL 27, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Terrie Hutaff, Interim Personnel Director Curtis Hancock, Special Projects Manager Lisa Smith, Interim Finance Director Robert Barefoot, Recreation/Community Facilities Director Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Smith, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins introduced Mr. Jason Johnson of Boy Scout Troop 957 and thanked everyone for their participation in the successful Dogwood Festival. RECOGNITION: Mayor Dawkins announced the Character Education Concept for April 1998 was Citizenship. 1. APPROVAL OF AGENDA City Attorney Robert Cogswell requested to make Item 3, Item 3.A and to add Item 3.B, City of Fayetteville vs. Olde Fayetteville Investments, Inc. to the closed session. Councilmember Kendrick moved to approve the agenda with the addition of 3.A and 3.B, seconded by Councilmember Worthy and carried unanimously by a vote of 12 to 0. 2. Presentation of Recommended Budget for Fiscal Year 98-99: City Manager Roger Stancil presented his recommended budget for the Fiscal Year 1998-1999. Mr. Stancil requested a tax increase of 3 cents for the bond referendum debt service, and a 1 cent tax increase for public safety professional development for a total new tax rate of 53.5 cents. The major highlights of the projected expenditures were: 1. Employee pay enhancements of $3 million to improve retention. 2. Infrastructure improvements of $4 million for street and drainage improvements in Bonnie Doone, Cottonade and Ponderosa. 3. Extension of municipal services to Bonnie Doone, Cottonade and Ponderosa. 4. Lafayette pre-annexation costs ($183,000) not included or approved. 5. Increase General Fund support of Transit ($382,000) due to declining federal support. The following service reductions were recommended: 1. Transfer of School Resource Officers to patrol ($382,000). 2. Elimination of commercial solid waste contract ­ retain apts ($445,000). 3. Reduction of equipment and vehicle replacement fund ($250,000). 4. Elimination of park acquisition ($250,000). 5. Potential solid waste elimination which totals $694,000 in FY99 and $405,000 in future years. Mr. Stancil stated the only new initiative would be the expansion and beautification efforts on the All American Expressway in the amount of $127,000 to include three new employees. The pay and benefits recommendations for employees were as follows: ALL EMPLOYEES 1. A $2.5 million pay enhancement. 2. Tiered percentage adjustments based on service years (5% first 1-5 years of service and additional 1% each year thereafter through year 10) 3. Employees hired between July 1, 1997 and June 30, 1998 receive 5% after completion of their one year probationary period while maintaining the current pay plan ranges. 4. Review positions in FY 1999 identified as non-competitive; recommend adjustments in FY 2000. 5. Maintain healthcare benefits and employee contributions at current levels. PUBLIC SAFETY EMPLOYEES 1. Establish a public safety professional development program (law enforcement officers and fire fighters). 2. Based on years of service and significant achievement. 3. Replaces current longevity plan. 4. Develop program in FY 1999 for consideration by Council. 5. Program funded through tax increase of 1 cent. Discussion was held on trash pick-up, the transfer of PWC funds, the first-year loss in an annexation, the repayment of bond issues, and the need to increase the industrial tax base. Councilmember Kendrick requested information on property values in Charlotte and like towns, and Councilmember Williams stated there was a need for per capita income information. 3. Closed Session to discuss claims against the City of Fayetteville. Mr. Phillip Van Hoy, Attorney, was present for the closed session. Mayor Pro Tem McBryde moved to go into a closed session to discuss claims against the City of Fayetteville and the City of Fayetteville vs. Olde Fayetteville Investments, Inc., seconded by Councilmember Kendrick and carried unanimously by a vote of 12 to 0. The regular session closed at 7:45 p.m. and resumed at 8:55 p.m. City Attorney Robert Cogswell made the recommendation for Council to agree to continue the trial of City of Fayetteville vs. Olde Fayetteville Investments, Inc., past May 28, 1998, if the sale as outlined in the Offer to Purchase and Contract of Sale, dated April 21, 1998, and made by Molly Arnold to Olde Fayetteville Investments, Inc., for property at 225/227 Hay Street, is closed subject to the Purchase Agreement originally entered between the City of Fayetteville and Olde Fayetteville Investments, deed recorded to Molly Arnold, loan goes through, all those conditions met, that the City drop the lawsuit. Mayor Pro Tem McBryde moved to follow the recommendation of the City Attorney, seconded by Councilmember Kizer and carried unanimously by a vote of 12 to 0. 4. Presentation on Airport Master Plan. Mr. Brad Whited, Airport Director presented this item. Mr. Whited explained the purpose of the 20-year Master Plan was to ensure good planning in the following three phases: (1) Short Term (1993-1998), (2) Intermediate (1999-2003), and (3) Long Term (2004-2013). Mr. Whited gave a review of the anticipated Capital Revenue as well as a review of the facility requirements for each of the three planning stages. Councilmember Massey inquired about the lengthening of the airstrips in reference to the Federal Express requirements. Mr. Whited explained that this was not within the capabilities of the Airport. Councilmember Talbot expressed his dissatifaction with using general funds for T-hangars when there were unfunded projects in the projected budget. Mr. Talbot inquired if AIP monies could be used for the hangars. Mr. Whited stated buildings are not eligible for AIP monies. He explained the repayment of the $20,000, would technically comes out of the general fund, but in reality it would come from the taxes collected from the aircraft owners at the airport, and the owners paid these taxes only because the airport was located within the City limits. Councilmember Talbot stated that in analogy the same thing should apply to the downtown Special District Tax and the owners should be given back half of the taxes they paid and likewise all car owners should be subsidized to build garages from the taxes they paid on their cars. Councilmember Williams stated that a 6-cent tax should be added at the airport for revitalization in fairness to the downtown property owners that pay a 6-cent tax. Mr. Stancil gave a background of the Airport's history of self-sufficiency to include paying the City for services rendered by the City's Administrative staff. Mr. Stancil stated in 1996 the concept being discussed was approved by both the Airport Commission and the City Council. The concept was to take some of the tax money that airplane owners based at the Fayetteville Regional Airport had to pay because the Airport was in the City and reinvest those tax dollars into facilities that served those people. Mr. Stancil stated the private operators had been given the opportunity to use City finance opportunities to build the facilities but they were not interested in doing so. The Council felt because there was a need for these facilities, the best possible solution would be to use the taxes. Councilmember Kizer inquired whether the FAA requires strict adherence to the master plan. Mr. Whited stated the document was fluid and strict compliance to the Capital Improvement Plan was not required and layout changes could be made by written requests if they were justified. Mr. Whited also stated there were no requirements for appropriations but compliance issues must be met. Discussion was held regarding the rental of the new hangars. INFORMATION ITEMS: 1. Planning Services Monthly Report for March 1998. 2. Memo from Finance Director regarding financings. 3. Memo regarding Fire Station #8. Mayor Pro Tem McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried by a vote of 11 to 1 with Councilmember Massey in opposition. The meeting adjourned at 9:27 p.m. REGULAR MEETING MAY 4, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MAY 4, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Steve Blanchard, PWC Manager's Office Victor Sharpe, Planning Division Manager Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Isabel Walters, of the Hood Memorial A.M.E. Zion Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced the Character Education Concept for April 1998 was celebration. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to add the following items to the agenda: 14.B, update on PWC Downtown Utility Center; 14.C, adoption of PWC Administration Building Capital Project Fund Balance; 14.D, request from Cumberland County to City of Fayetteville for a letter of support to assist in securing a Brownfields agreement under N.C.D.E.N.R.; and 14.E, location of recycling centers within Fayetteville City Limits. Mr. Stancil requested to add an Item 3.E, public hearing on financing on recreation and public safety facilities, airport hangars, vehicles and equipment. Mr. Stancil stated this public hearing had been duly advertised for this meeting but had in error been omitted from the agenda. Councilmember Cheek requested to add Item 15.D, an administrative report on the Drake Park project. City Attorney Robert Cogswell requested to add to Item 16, closed session to discuss litigation, Metro Air Center Limited vs. the City of Fayetteville. Councilmember Kizer requested to abstain from discussion or voting on Item 15.B, discussion on Lafayette Village annexation. Mayor Dawkins requested to abstain on Item 3.C and City Attorney Robert Cogswell stated for the record he was a member of the church and cabinet and he had not participated in the process of Item 3.C while it was going through City Hall. Mr. Cogswell stated he would be unable to give legal advice on this item. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the addition of Items 3.E, 14.B, 14.C, 14.D, 14.E, and Item 15.D. SECOND: Councilmember Kizer VOTE: UNANIMOUS MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Kizer to abstain from Item 15.B and Mayor Dawkins to abstain from Item 3.C. SECOND: Councilmember Fogleman VOTE: UNANIMOUS with Councilmember Kizer abstaining. 2. CONSENT: Councilmember Talbot requested to pull Item 2.C. MOTION: Councilmember Kendrick moved to approve the consent agenda with the exception of Item 2.C. SECOND: Councilmember Williams VOTE: UNANIMOUS The following items were approved: A. Approve minutes of regular meeting of April 6, 1998. B. Approve tax refunds in excess of $100. Name Year Basis Amount Gamble, Eddie 1993 Military Non-Resident $155.79 Lee Jr. 1994 1995 Harris, Thomas L. 1996 Adjusted Assessment 147.86 And Ruth P. Hayne Hens 1997 Land Rate Error 265.60 Farm, Inc. Total $569.25 C. Pulled for discussion by Councilmember Talbot. D. Approve referral to Transportation Committee the discussion of implementing Traffic Calming Devices on selected City streets. E. Adopt resolution of the City Council pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Johnson Property - site of proposed SBI Building located on the southern side of Cedar Creek Road, behind the Cedar Creek Country Store). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION­INITIATED CONTIGUOUS ANNEXATION AREA. RESOLUTION NO. R1998-045. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. F. Set public hearing for May 18, 1998, to consider proposed street name change of Phillip Circle to Entre Drive. G. Adopt resolution authorizing condemnation of right-of-way easements and drainage easements - Whispering Pines Mobile Home Park on Distribution Drive. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY ON DISTRIBUTION DRIVE. RESOLUTION NO. R1998-046. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. H. Approve transfer of Lots 29 and 30 of Habitat Village to the Fayetteville Area Habitat for Humanity. I. Authorize execution of easement by Mayor and agreement by City Manager with NCNG to service Fayetteville Regional Airport with natural gas. J. Approve bid award for construction of the Stewart's Creek Outfall Extension to ES&J Enterprises, Inc. (Autryville, NC), low bidder, in the amount of $274,359.68.(PWC) Bids were received as follows: ES&J Enterprises, Inc. (Autryville, NC) $274,359.68 Monroe Roadways, Inc. (Fairport, NY) $317,267.00 T.A. Loving Company (Goldsboro, NC) $322,965.00 Autry Grading, Inc. (Fayetteville, NC) $397,191.50 K. Approve bid award for purchase of 3,600,000 lbs. of Sodium Hypochlorite to Jones Chemicals (Charlotte, NC), low bidder, in the amount of $160,560.00. (PWC) Bids were received as follows: Jones Chemicals (Charlotte, NC) $160,560.00 Prillaman Chemical (Suffolk, VA) $166,680.00 C. Approve referral to Policy Committee the consideration of allowing City commission and board members the use of one room in a recreation center for eight hours rent-free every two years. Councilmember Talbot requested clarification on this item. Mayor Pro Tem McBryde explained he had placed this on the agenda at the request of a past commission member and he felt it needed to go to the Policy Committee. MOTION: Councilmember Talbot moved to refer this item to the Policy Committee. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour for the following streets in the Habitat Village area: 1. Buxton Blvd. from Old Wilmington Road to Elementary Dr. 2. Elementary Dr. from Buxton Blvd. to Gillespie St. 3. Hadley Court from Sessoms St. to its end. 4. Mann St. from Wright St. to Aberdeen Rockfish Railroad. 5. Montgomery St. from Buxton Blvd. to Wright St. 6. Sessoms St. from Wright St. to Buxton Blvd. 7. Wright St. from Old Wilmington Road to its end Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:19 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. NS1998-019. MOTION: Councilmember Worthy moved to approve. SECOND: Councilmember Haire VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. B. (P98-2F) Consideration of the rezoning from R10 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located east of Gables Drive and 517 Country Club. Containing 5.07 acres more or less and being the property of Edith B. Chance as evidenced by deeds recorded in Deed Books 2526, Page 798 and 505, Page 157 respectively, Cumberland County Registry. Kathy Kem of the Planning Division staff presented this item. Ms. Kem stated the Planning staff recommended approval of the rezoning for the parcel south of the Nursing Home because it was a logical extension of the R6 residential zoning line along the eastern boundary of the property to the north. The Planning staff recommended denial of the rezoning for the parcel to the east because it would be an intrusion into the existing neighborhood to the east. The staff felt the R6 district clearly ended along the current eastern boundary of the Nursing Home. This is the advertised public hearing set for this date and time. The public hearing opened at 7:25 p.m. Mr. Stacy Weaver, Attorney, 202 Fairway Drive, Fayetteville, NC; Mr. Autry Butler, Attorney, 603 Williwood Road, Fayetteville, NC; Mr. Ray Lindsey, Director of Nursing, 523 Country Club Drive, Fayetteville, NC; and Ms. Gladys Bobbitt, 3504 Nutmeg Place, Fayetteville, NC, appeared in favor. Mr. Weaver stated the petitioners were in agreement with the Zoning Commission's recommendations. There was no one present to speak in opposition and the public hearing closed at 7:34 p.m. MOTION: Councilmember Smith moved to rezone the parcels both to the south and to the east of the nursing home to R6. SECOND: Councilmember Williams Discussion was held with Councilmembers Worthy, Haire, Massey and Mayor Pro Tem McBryde disagreeing with the proposal that all of the properties should be rezoned R6. SUBSTITUTE MOTION: Mayor Pro Tem McBryde moved to rezone the east side of the property. City Attorney Robert Cogswell ruled that this motion was the opposite of the original motion. VOTE: Motion to rezone all of the property to R6 was defeated by a vote of 4 in favor to 8 in opposition. Councilmembers Cheek, Smith, Fogleman and Williams voted in favor. MOTION: Mayor Pro Tem McBryde moved to follow the recommendations of the Zoning Commission. SECOND: Councilmember Worthy VOTE: 11 to 1 with Councilmember Kizer in opposition. C. (P98-21F) Consideration of an application by Anna F. Finch for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-32, to allow a Charitable Organization in an R6 Residential District for an area located at 616 Greenland Drive. Containing .34 acres more or less and being the property of Snyder Memorial Baptist Church of Fayetteville, NC, Inc., as evidenced by deed recorded in Deed Book 4388, Page 464, Cumberland County Registry. Mayor Pro Tem McBryde presided over this item. Mayor Dawkins abstained from any participation in the item and City Attorney Cogswell stated he could give no legal advice on the item. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended approval of the request. This is the advertised public hearing set for this date and time. The public hearing opened at 8:47 p.m. Mr. Hank Finch, 3 Skye Place, Fayetteville, NC, was sworn in by the City Clerk and appeared in favor of the rezoning. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:49 p.m. MOTION: Councilmember Worthy moved to approve the Special Use Permit to include the following finding of fact: Such use shall fit in with the character of the area in which such use is to be located and that such use is not detrimental to the surrounding neighborhood. SECOND: Councilmember Kendrick VOTE: UNANIMOUS D. Consideration of adoption of a resolution ordering the paving without petition of the following streets: (Bond projects) 1. Lock Trail from Clinton Road to cul-de-sac located on the tract as recorded in Deed Book 3163, Page 553. 2. McDonald Street from Deep Creek Road to Dead End on the tract as recorded in Deed Book 3730, Page 100. 3. Sage Street from Deep Creek Road to Ardmore Drive. 4. Ardmore Drive from Deep Creek Road to Sage Street as recorded in Plat Book 26, Page 9. 5. Alphin Street from Sapona Road to Dead End at CSX Railroad property. 6. Martin Road from Deep Creek Road to Dead End on the tract as recorded in Deed Book 2312, Page 473. 7. Neal Street from Cedar Creek Road to Dead End on the tract as recorded in Deed Book 4631, Page 58. 8. Faircloth Street from Neal Street to the eastern line of Lots 118 and 119, Cedar Rose Addition Subdivision, Plat Book 7, Page 133. 9. King Street from Person Street to existing pavement. Assistant City Manager Jimmy Teal presented this item. Mr. Teal recommended the paving of all of the streets. Councilmember Cheek inquired about the status of the remainder of Sage Street to Stanley Street. Mr. Teal stated that a petition could be turned in requesting paving and a public hearing would have to be set and advertised. Discussion was held regarding the width of the street and right-of-way that would be required to put a 20-foot wide street from back of curb to back of curb. Mr. Teal stated due to the narrowness of the street, the usual 27-foot street was not being recommended. This is the advertised public hearing set for this date and time. The public hearing opened at 7:58 p.m. Mr. Thurl A. McMillan, 423 McDonald Street, Fayetteville, NC, appeared in favor of the paving. Mr. McMillan requested additional drainage. Mr. Lester L. McGuire, 520 Deep Creek Road, Fayetteville, NC, appeared in favor of the paving. Mr. McGuire requested that consideration be given to extending the paving on Martin Road or Christian Street for access to Deep Creek Road. There being no one further to speak, the public hearing closed at 8:10 p.m. Councilmember Talbot inquired about the ditch referred to by Mr. McGuire. Mr. Teal stated there were two factors involved. One factor was cost and the other was that another public hearing would have to be held and the owners on Neal Street and Faircloth Street would have to be notified before any action could be taken. Mr. Teal recommended having the staff look into the issues involved and that a public hearing be set. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF LOCK TRAIL FROM CLINTON ROAD TO CUL-DE-SAC LOCATED ON THE TRACT AS RECORDED IN DEED BOOK 3163, PAGE 553; MCDONALD STREET FROM DEEP CREEK ROAD TO DEAD END AT THE TRACT AS RECORDED IN DEED BOOK 3730, PAGE 100; SAGE STREET FROM DEEP CREEK ROAD TO ARDMORE DRIVE; ARDMORE DRIVE FROM DEEP CREEK ROAD TO SAGE STREET AS RECORDED IN PLAT BOOK 26, PAGE 9; ALPHIN STREET FROM SAPONA ROAD TO DEAD END AT CSX RAILROAD PROPERTY; MARTIN ROAD FROM DEEP CREEK ROAD TO DEAD END AT THE TRACT AS RECORDED IN DEED BOOK 2312, PAGE 473; NEAL STREET FROM CEDAR CREEK ROAD TO DEAD END AT THE TRACT AS RECORDED IN DEED BOOK 4631, PAGE 58; FAIRCLOTH STREET FROM NEAL STREET TO THE EASTERN LINE OF LOTS 118 & 119, CEDAR ROSE ADDITION SUBDIVISION, PLAT BOOK 7, PAGE 133 AND KING STREET FROM PERSON STREET TO EXISTING PAVEMENT. RESOLUTION R1998-047. MOTION: Councilmember Worthy moved to approve paving the nine streets as recommended. SECOND: Councilmember Haire VOTE: UNANIMOUS Councilmember Massey inquired of Mr. McGuire as to his preference on the street to be paved. Mr. McGuire replied Christian Street would be his preference. Mr. Massey requested that this information be referred to the Transportation Committee. Discussion was held regarding the correct footage for a street if a connector street was done for public safety purposes and parking in the area. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. E. Public hearing concerning financing of the equipment and construction of Cliffdale and Myers Park Recreation Centers, School Road Fire Station, Airport Hangars, Douglas Byrd School Ballfield Improvements and Acquisition of vehicles and equipment. City Manager Roger Stancil presented this item. Mr. Stancil stated no action was required because this was the public hearing previously set by the Council when the resolution authorizing application for financing to the local government commission was approved. Prior to opening the public hearing, Mayor Dawkins stated the public hearing had been duly advertised. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 8:17 p.m. 4. (P98-6F) Consideration of the initial zoning to various residential, commercial, professional and industrial zoning classifications for an area consisting of 2825 acres more or less and comprised of the Four Seasons, Jack's Ford, Cottonade, Summerhill, Bonnie Doone and portions of Ponderosa subdivisions, and other single-family and multi-family developments, existing and proposed, and all commercial, professional and industrial properties within the area of consideration. Being all of Area 3A, Annexation Ordinance Number 98-01-427, as evidenced by a map and legal description on file with the Planning Services Division and being annexed by the City of Fayetteville, effective June 30, 1998. Ms. Kathy Kem of the Planning Division staff presented this item. Ms. Kem stated the Zoning Commission recommended approval of keeping the zoning as it currently stands with the exception of 5400 and 5409 Bragg Boulevard, which was recommended to be zoned to C3. MOTION: Mayor Pro Tem McBryde offered a motion to approve the initial rezoning to include rezoning 5400 and 5409 Bragg Boulevard to C3. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 5. Consideration of requests to address City Council from the following citizens regarding a driveway on Malloy Street to the Brandywine Apartments: A. Michael Green B. Rebecca Person representing Dr. Barry Bostic, property owner Councilmember Smith stated he felt this was a major issue which needed to be addressed by the Transportation Committee and that with the consensus of Mr. Green and Miss Rebecca Person, he felt this should be referred to the Transportation Committee. MOTION: Councilmember Smith offered a motion to refer this item to the Transportation Committee. SECOND: Councilmember Cheek VOTE: UNANIMOUS 6. Consideration of the following items related to the Police Training Facility. A. Adopt Special Revenue Fund Project Ordinance Amendment 98-7 (Completion of the Police Training Facility). B. Approve change orders to prime contractors to add alternates for completion of project. Council action requested: authorize change orders for Police Training Facility to add alternates #2 and #3 to the contracts (General Contractor - Ellis Walker Builders add $144,476.00, total contract amount $774,660.00; Plumbing - Goins Plumbing add $2,800.00, total contract amount $99,846.00; Mechanical - Bass A/C Co. add $41,252.00, total contract amount of $57,452.00; and Electrical - Atkins Electric add $257,511.00. Total project amount $1,059,228.00. City Manager Roger Stancil presented this item. Mr. Stancil recommended approving the change orders to complete alternates 2 and 3. He stated the funds to complete the projects would come from Drug Forfeiture Funds, interest earned on Forfeiture Funds, and the balance borrowed from the Law Enforcement Officers Special Separation Allowance Fund until sufficient Forfeiture Funds were received to repay that loan. MOTION: Councilmember Kendrick offered a motion to approve A & B. SECOND: Councilmember Talbot VOTE: UNANIMOUS 7. Consideration of approval of change order to McDonald Grading Company (Fayetteville, NC), to add College Street and Lawrence Street to the current paving list. MOTION: Mayor Pro Tem McBryde made a motion to approve the addition to the paving list. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The budget amounts are $57,321.75 for College Street and $79,822.50 for Lawrence Street for a total amount of $137,144.25. 8. Presentation on Hay Street streetscape. City Manager Roger Stancil presented this item. Mr. Stancil recommended approving the Task Force streetscape concept. Mr. Stancil also recommended the Council authorize the staff to proceed with the lighting plan in front of the new Police Department. The cost would be $13,000 with the funding coming from the landscape line item in the project budget. Mr. Stancil further recommended continuing down Hay Street from Pittman Street to the railroad tracks with the lights, at an estimated cost of $49,000 being paid from the Powell Bills revenue. Councilmember Kizer stated he felt in order to be consistent with lighting in the Downtown area and because this had not been approved by the boards as a whole, this item needed to go back to the Historic Resources Commission and the Appearance Commission for further review, approval, and recommendation. MOTION: Councilmember Kizer made a motion to approve the installation of the conduits in front of the Police Department and to return the overall streetscape design to the Appearance Commission and the Historic Resources Commission for the review of the full boards. SECOND: Councilmember Fogleman Councilmembers discussed the expending of $49,000 for uniformity, the time frame needed for the lighting in front of the Police building, sidewalks, and the number and closeness of trees to be planted in the area. VOTE: UNANIMOUS 9. Consideration of contract with Attorney Jerry Wilson, consultant on election process. City Manager Roger Stancil presented this item. Mr. Stancil recommended the Council authorize him to negotiate and execute a contract with Mr. Jerry Wilson to include a scope of services for a total not to exceed $30,000 to include designing the new district lines, keeping the basic system in place and reviewing the Lafayette Village Annexation should Council decide to do that project. MOTION: Mayor Pro Tem McBryde made a motion to authorize the City Manager to negotiate and execute a contract with Attorney Jerry Wilson as stated by the City Manager. SECOND: Councilmember Kendrick Councilmembers Worthy and Massey requested that the LaGrange Subdivision and Tiffany Pines Subdivision be looked at for annexation at the same time Lafayette Annexation is done. VOTE: UNANIMOUS 10. Consideration of contract for commercial solid waste collection. City Manager Roger Stancil requested that action be deferred on this item until May 18, 1998. MOTION: Councilmember Talbot made a motion to defer action on this item until May 18, 1998. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 11. Consideration of Vision Statement for the City of Fayetteville. Councilmember Kizer presented this item. Mr. Kizer stated the committee had decided to remove "self-sufficient" from the Vision Statement, as requested by Councilmember Cheek. Mr. Kizer stated this would be the Council's statement and not a city-wide based statement. The Vision Statement is as follows: The City of Fayetteville, a partnership of citizens with a diverse culture and rich heritage, is committed to creating a vibrant community that will promote an atmosphere of confidence, cooperation, and unity. MOTION: Councilmember Fogleman made a motion to approve the Vision Statement. SECOND: Councilmember Massey VOTE: UNANIMOUS 12. Consideration of adoption of resolution to increase Police Officer and City employee pay. Councilmember Williams presented this item. Mr. Williams stated that in an effort to retain police officers, fire fighters and all other City personnel who are leaving the City because of pay, and because of the resources being used by the City received from PWC and the proposed tax increase, he was asking that a resolution be approved by the Council in support of raising the City's pay to at least the State average. MOTION: Councilmember Williams made a motion to adopt a resolution committing to increasing the pay of police officers, fire fighters, and all other City personnel employees to at least the State average. SECOND: Councilmember Haire Councilmembers expressed their support for increases in the salaries of employees. The consensus of the Council was that the upcoming budget process would address the issue. After a lengthy discussion, Mayor Pro Tem McBryde called the question and passed by a unanimous vote of 12 to 0. VOTE: Motion failed by a vote of 7 to 5 with Councilmembers Williams, Talbot, Massey, Haire and Worthy in favor and Councilmembers Kendrick, Cheek, McBryde, Kizer, Fogleman, Smith and Milligan in opposition. 13. Consideration of auctioning of surplus land to the highest bidder. Councilmember Paul Williams stated he felt the City should sell surplus land in order that more tax revenue could come into the City. MOTION: Councilmember Williams made a motion to direct management to auction off or use whatever method was best to sell the surplus land and to come back with a recommendation. SECOND: Councilmember Worthy VOTE: UNANIMOUS 14. APPOINTMENTS: A. Nominations needed to fill one vacancy on Board of Appeals on Dwellings. Councilmember Haire nominated Ms. Clara Whittington for the vacancy. B. Update on PWC's Downtown Utility Center. Mr. Steve Blanchard, General Manager of PWC, presented this item. Mr. Blanchard stated that PWC would like to proceed with the project by going ahead with the 32,000 square foot building and filling the gap left on the property by doing an alternate 20,000 square foot building that would be connected by a common wall of the original building. Mr. Blanchard stated it was PWC's hope that a private investor would take over the 20,000 square foot building development. Mr. Blanchard stated he would like to go ahead and finish the design phase and put this project out to bid in the early fall for final approval by the Council. A discussion was held with Councilmembers Worthy and Milligan stating their opposition to the 32,000 square foot building and their support for the original building, of 50,000 square feet. Both Councilmembers expressed their belief that the City should be a leader in the effort to develop Downtown. Councilmember Smith expressed his concern over the project delay and the costs of building the additional square footage when there was a lack of tenants for the building. MOTION: Councilmember Smith moved to authorize PWC to proceed with the 35,000 square foot building with the design being done for the additional 20,000 square foot building with the City urging development and then bring it back to the Council before any step is taken to move forward with building the additional 20,000 square feet. SECOND: Councilmember Fogleman Councilmember Cheek expressed her desire to see a continuation in the joint efforts of PWC and the City in the Downtown development. Councilmember Talbot stated he could not support PWC being in the rental business, but he could support development by private enterprises and increasing the tax base. Mr. Talbot stated he felt PWC should go ahead with the 30,000 square foot building and the architects should add the 20,000 square foot building as an alternate to the bid package for development of the building as a shell to be completed when the rentals were complete. Councilmember Massey stated this was a proactive project and would serve as a one-step shopping place for public service. City Manager Roger Stancil stated Mr. Blanchard's conversation was a result of a conversation between PWC's staff, the City's staff, and Fayetteville Partnership. Mr. Blanchard was asking to have time to design the building that Council wanted, but he was restructuring the method in order to give Fayetteville Partnership more time to go out and find private sector investors. Mr. Stancil stated he thought it was a good effort and the ultimate decision on the size of the building would be made by the Council when they approve the construction bids. After further discussion, Mayor Dawkins asked Councilmember Smith to restate his motion. MOTION RESTATED: Councilmember Smith moved to authorize PWC to bid out this building in a two-part form so that the full 50,000 square feet would be designed, but that it would be done in two parts so that later it can be decided if the 20,000 square foot building will be built. VOTE: UNANIMOUS C. The adoption of PWC Administrative Building Capital Project Fund Budget. Mr. Steve Blanchard presented this item. MOTION: Councilmember Kizer moved to approve the transfer. SECOND: Councilmember Smith Councilmember Cheek inquired about the intent of this action. Mr. Blanchard stated it was to make the funds available to pay the architect. VOTE: UNANIMOUS D. Request from Cumberland County to the City for a letter of support to assist in securing a Brownfields agreement under the N.C.D.E.N.R. Councilmember Worthy presented this item. City Manager Roger Stancil stated he felt the City should offer their support to the County. MOTION: Councilmember Talbot made a motion to give a letter of support to the County referencing the Brownfields agreement. SECOND: Councilmember Worthy Councilmember Cheek inquired about a draft of the letter. Councilmember Talbot said it was just a letter expressing the City's support and did not effect the City. VOTE: UNANIMOUS A. Relocation of recycling centers within Fayetteville City Limits Councilmember Worthy presented this item. Mr. Worthy stated the City Council representatives informed the City/County Liaison Committee that the City wanted three recycling sites in the City and that the Ann Street site was not suitable. Mr. Worthy stated the item was to be set for discussion in 60 days. 15. ADMINISTRATIVE REPORTS A. Report on request to reschedule public hearing to consider no parking on McNeill Circle, Marshall Road, and McNutt Road. This public hearing was set for May 18, 1998. B. Follow-up report on proposed annexation of Lafayette Village. Councilmember Kizer abstained from discussion or voting on this item. City Manager Roger Stancil discussed the issues of drainage and the fire service for the Lafayette Annexation. Mr. Stancil stated the City's share of cost of drainage is $1.9 million and the City would have the ability to sell $625,000 in bonds in the year 2000. Mr. Stancil stated that if the fire service contract was accepted, the annexation could proceed. The consensus of Council was for staff to proceed with the annexation. C. Report on movable planters. D. Drake Park City Manager Roger Stancil stated some delays were being experienced due to the rains and an update would be given to the Council in two weeks. A discussion was held regarding the possibilities of newsletters being sent to the citizens in this area. 16. Consideration of closed session to discuss litigation. MOTION: Mayor Pro Tem McBryde moved to go into closed session to discuss Metro Air Center Limited vs. City of Fayetteville. SECOND: Councilmember Kendrick VOTE: UNANIMOUS A closed session began at 10:30 p.m. and the regular session resumed at 10:44 p.m. INFORMATION ITEMS: 1. Report on tax refunds less than $100. Name Year Basis Amount Amos, Horace L. III 1996 Military Non-Resident $33.22 Charms 1997 Clerical Error/Double list 27.23 Dawson, Earl W. & 1996 Military Non-Resident 81.56 Patricia A. Farmer, Roscoe A. 1997 Billed in Error Mobile 9.76 Home Sold 6/96 Hadley, Richard W. Jr. 1996 Military Non-Resident 38.31 Jones, Arthur William II 1996 Military Non-Resident 33.37 & Gloria S. LaCasse, Kevin Michael 1996 Military Non-Resident 12.52 McCrimmon, Toni A. 1996 Corrected Assessment 47.06 Smith, Charles 1997 Corrected Assessment 6.99 Thomas, Percy L. & 1996 Adjusted Value of Car 45.00 Eloise H. Rodriguez, Alfredo & 1995 Military Non-Resident 54.12 Marta M. Total $389.14 2. Letter of appreciation from Chairman of Fayetteville Airport Commission. 3. Airport Commission - minutes of March 31, 1998. 4. Parks and Recreation Advisory Commission - minutes of Monday, March 23, 1998. MOTION: Mayor Pro Tem McBryde moved to adjourn the meeting. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The meeting adjourned at 10:45 p.m. REGULAR MEETING MAY 18, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MAY 18, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Victor Sharpe, Planning Division Manager Mick Noland, PWC Manager's Office Tom McNeill, PWC Property Acquisition Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the City Attorney, Robert C. Cogswell, Jr., followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced the Character Education Concept for May 1998 was Celebration. Mayor Dawkins announced that an agreement had been reached with the Bonnie Doone Fire Department and the City would absorb its operation and would gain 14 new employees. 1. APPROVAL OF AGENDA City Attorney Robert Cogswell requested to add the names of employees requesting legal representation to Item 16 as follows: Tina Shepard, Roberto Rivera, Jose Lamboy, Robert Waters, Michael Murphy, Tamara Carter and Paul Smith, III. Mr. Cogswell also requested to add Item 17, a closed session to discuss property acquisition. Councilmember Haire requested to abstain from discussion or voting on Item 11. MOTION: Councilmember Massey moved to allow Councilmember Haire to abstain from discussion or voting on Item 11. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Haire abstaining) Councilmember Kizer requested to abstain from discussion or voting on Items 6, 7 and 15.A.2. MOTION: Councilmember Smith moved to allow Councilmember Kizer to abstain from discussion or voting on Items 6, 7 and 15.A.2. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Kizer abstaining) Councilmember Smith requested to abstain from discussion or voting on Item 4. MOTION: Councilmember Kizer moved to allow Councilmember Smith to abstain from discussion or voting on Item 4. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Smith abstaining) MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the addition of Item 17. SECOND: Councilmember Cheek Councilmember Kendrick requested to move Item 15.A, administrative reports, status reports on annexation construction projects, to Item 6.C. A discussion was held regarding amending the agenda. Mayor Pro Tem McBryde stated he would accept the amendment but he did not agree with moving administrative reports up in the agenda. VOTE: UNANIMOUS 2. CONSENT: Councilmember Kendrick requested to pull Item 2.G MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exception of Item 2.G. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The following items were unanimously approved: A. Approve minutes of regular meeting of April 20, 1998. B. Approve minutes of information meeting of April 27, 1998. C. Approve tax refunds in excess of $100. Name Year Basis Amount Foulks, Carl 1996 Clerical Error $1,170.57 Cowboy Cove, The 1997 Incorrect Tax District 244.66 Total $1,415.23 D. Adopt ordinance amending Section 22-11, Selection and Appointment of City Employees, of Chapter 22, Personnel, of the Code of Ordinances of the City of Fayetteville, to allow criminal history checks for prospective employees. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING § 22-11, SELECTION AND APPOINTMENT (OF CITY EMPLOYEES), OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1998-003. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1998. E. P98-17F. Approve the initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located at 1101 and 1105 Shaw Road. Containing .852 acres more or less and being the property of Sherry Shaver O'Steen as evidenced by map and legal description furnished by the City of Fayetteville, and being annexed by the City of Fayetteville, effective June 30, 1998. F. Approve request from the American Red Cross to hang a banner advertising their fund-raising activity. G. This item was pulled for discussion. H. Adopt resolution authorizing condemnation of Parcel N-1 of the College Street Paving Project. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-048. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. I. Approve an Indemnification Agreement between the City and Atlas Resource Management, Inc., for the purpose of Storm Water Drainage Construction. G. Adopt resolutions authorizing condemnation of the following parcels for the Cape Fear Valley Drainage Project: (1) Parcel CF-12 and (2) Parcel CF-13. This item was pulled by Councilmember Kendrick who inquired about the location of the parcels being condemned. Assistant City Manager Jimmy Teal answered Mr. Kendrick's questions. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-049. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-050. MOTION: Councilmember Kendrick moved to adopt the resolutions approving the condemnations. SECOND: Councilmember Worthy VOTE: UNANIMOUS A copy of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1998. 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to prohibit parking on portions of McNeill Circle and Marshall Road and McNutt Road in its entirety. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:24 p.m. There was no one signed up to speak in favor. Mr. William M. Richardson, 2535 McNeill Circle, Fayetteville, NC; Ms. Etta Mae Rouse, 2531 McNeill Circle, Fayetteville, NC; Ms. Anne Griffin, 2513 McNeill Circle, Fayetteville, NC; Ms. Blanche Medlin, 214 Marshall Road, Fayetteville, NC; Ms. Elizabeth Wilson, 206 Marshall Road, Fayetteville, NC, appeared in opposition. There was no one further to speak in favor or opposition and the public hearing closed at 7:33 p.m. A discussion was held regarding the parking dilemma in this area and the possibility of permits being issued to the residents and their guests. MOTION: Councilmember Smith moved to table this item for 30 days and have staff come back with a proposal for the use of permits/stickers for the residents. SECOND: Mayor Pro Tem McBryde Councilmember Cheek inquired if the motion would apply to McNeill Circle in its entirety. Mr. Teal replied in the affirmative. A discussion was held regarding the similarity of this issue to the parking ordinances imposed and rescinded on Orange Street. Councilmember Kizer inquired about the issue of enforcement. City Attorney Cogswell stated he felt an ordinance should be drafted regarding the use of decals in this area and a warning would need to be given to the citizens. Councilmember Smith stated that this solution would need to be implemented on an extreme basis only and not on a City-wide basis. RESTATED MOTION: Councilmember Smith restated his motion for the staff to investigate the use of stickers for McNeill Circle, Marshall Road, and McNutt Road and come back within a 30-day period with a report of costs and different alternatives for instituting this process in this neighborhood. VOTE: PASSED 7 to 5 with Councilmembers Kizer, Milligan, Massey, Haire, and Worthy opposed. No action will be taken on this item for the next 30 days. B. P98-7F. Consideration of the rezoning from R10 Residential District to C1P Shopping Business District or to a more restrictive zoning classification for an area located at 3120 and 3124 Boone Trail, containing .92 acres more or less and being the property of Mr. & Mrs. Yates Black, and Bordeaux Center, Inc., as evidenced by deeds recorded in Deed Books 749, Page 196, and 2803, Page 103, respectively, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended approval and the Planning staff recommended denial because the proposed use would be an encroachment of nonresidential uses in a predominately residential area. Councilmember Cheek inquired about the correctness of the maps in the agenda backup. Discussion was held regarding this issue. This is the advertised public hearing set for this date and time. The public hearing opened at 8:52 p.m. Mr. Kenny Black, 1210 Millard Road, Southern Pines, NC, appeared in favor of the rezoning. There was no one else present to speak either in favor or opposition. The public hearing closed at 8:55 p.m. MOTION: Councilmember Kendrick moved to rezone the property to P2 SECOND: Councilmember Milligan VOTE: PASSED 7 to 5 with Mayor Pro Tem McBryde, Councilmembers Smith, Worthy, Kendrick, Milligan, Cheek and Fogleman in favor and Councilmembers Kizer, Massey, Williams, Talbot, and Haire in opposition. Mayor Dawkins stated that because there was not a two-thirds vote, this item must have a second reading at the next meeting with no discussion. C. P98-15F. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, to define independent living facility, assisted living facility, to address parking requirements for each, and to redefine nursing homes. A copy of the proposed amendment is available in the Planning Services Division at City Hall, 3rd Floor, 433 Hay Street, during normal business hours. Kathy Kem of the Planning Division staff presented this item. Mr. Robert Cogswell asked that revisions be made to Section 2 by changing the words "state statutes" to "the general statutes" and in Section 11, the word "ordinance" needed to be made plural. This is the advertised public hearing set for this date and time. There was no one present to speak. The public hearing opened and closed at 8:01 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILE AMENDING VARIOUS PROVISIONS OF CHAPTER 32, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE CONCERNING NURSING HOMES, INDEPENDENT LIVING, AND ASSISTED LIVING FACILITIES. ORDINANCE NO. S1998-004. MOTION: Mayor Pro Tem McBryde moved to approve the ordinance. SECOND: Councilmember Cheek VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1998. D. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville (Petition-initiated contiguous area). (Johnson Property - site of proposed SBI Building - located on the southern side of Cedar Creek Road, behind Cedar Creek Country Store). City Manager Roger Stancil presented this item. Mr. Stancil recommended approving the petition request for annexation to be effective immediately. This is the advertised public hearing set for this date and time. The public hearing opened at 8:09 p.m. Mr. Fred McKinney, 109 Green Street, SBI, Fayetteville, NC; and Mr. Tom Saied, 4200 Converse Drive, Raleigh, NC, appeared in favor of the annexation. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:10 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. JOHNSON PROPERTY - SITE OF PROPOSED SBI BUILDING - LOCATED ON THE SOUTHERN SIDE OF CEDAR CREEK ROAD, BEHIND CEDAR CREEK COUNTRY STORE. ANNEXATION ORDINANCE NO. 98-05-431. MOTION: Mayor Pro Tem McBryde moved to approve the annexation. SECOND: Councilmember Worthy VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. E. Consideration of the reauthorization of the Downtown Municipal Service District. Assistant City Manager Ben Brown presented this item. Mr. Brown reviewed the boundaries of the municipal services as set out in the resolution. A discussion ensued regarding the possibility of extending the boundaries. Councilmember Talbot stated he would like to see the area enlarged to include Broadfoot and to go all the way to Eastern Boulevard. This is the advertised public hearing set for this date and time. The public hearing opened at 8:14 p.m. Mr. Joe Baggett, Wagonyard Properties, 313 Woodcrest Road, Fayetteville, NC; Ms. Robin Legg, Fayetteville Partnership, Market House, Fayetteville, NC; Mr. Eric Lindstrom, 240 Hay Street, Fayetteville, NC; Mr. Bob Shuller, 214 Burgess Street, Fayetteville, NC; Mr. John Malzone, 112 Hinsdale Avenue, Fayetteville, NC, and Ms. Susan Franzblau, 234 Hay Street, Fayetteville, NC, appeared in favor. Mr. Jim Ellis, 1316 Stapleton Drive, Garner, NC, appeared in opposition. There being no one else to speak either in favor or opposition, the public hearing closed at 8:29 p.m. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING A MUNICIPAL SERVICE DISTRICT PURSUANT TO CHAPER 160A, ARTICLE 23, OF THE NORTH CAROLINA GENERAL STATUTES. RESOLUTION NO. R1998-051. MOTION: Councilmember Fogleman moved to reauthorize the municipal service district as drawn for another five years and to adopt the resolution. SECOND: Mayor Pro Tem McBryde Discussion was held regarding the expansion of the boundaries of the service district within the five-year time frame and the tax rate which could be imposed. City Attorney Robert Cogswell stated that boundaries could be expanded with a public hearing being held. Councilmember Smith stated that the tax rate would be handled during the budget process. VOTE: UNANIMOUS Councilmember Talbot requested Mr. Brown to begin the boundary expansion process as soon as possible. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. F. Consideration of proposed street name change of Phillip Circle to Entre Drive. Assistant City Manager Jimmy Teal presented this item. Mr. Teal recommended approval to be effective June 15, 1998. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 8:50 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CHANGING PHILLIP CIRCLE TO ENTRE DRIVE OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. NS1998-020. MOTION: Mayor Pro Tem McBryde moved to approve the street name change to be effective June 15, 1998 SECOND: Councilmember Worthy VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. 4. P98-13F. The rezoning from M2 Industrial and P2 Professional Districts to C1 Local Business, C1P Shopping Center, and P2 Professional Districts, or to a more restrictive zoning classification for an area located along the east and west side of Skibo Road between Morganton Road and Cliffdale Road. Containing 103.6 acres more or less and being the property of GGH Company, Preschool Enterprises, McDonald's Corporation, Carolina Telephone & Telegraph, Pedro's Mexican Food Inc., Fayetteville Marketfair, Fat Daddy's Market & Grill, Inc., Louis Feil, Belk Enterprises, Inc., Winn Limited Partnership, Pep Boys-Manny, Moe & Jack, Cumberland County Hospital, Carolina Services of Fayetteville, Inc., JP Riddle Family Limited, March F. Riddle, Triangle Wholesale Supply, Inc., JP Riddle Trust, and Harris Cumberland Company, as evidenced by deeds recorded in Deed Books 4536, Page 145, 4527, Page 117, 3322, Page 541, 3319, Page 636, 3107, Page 93, 4700, Page 168, 3614, Page 860, 4392, Page 489, 3327, Page 375, 4247, Page 40, 3608, Page 130, 4701, Page 400, 2164, Page 69, 4709, Page 742, 4677, Page 62, 4649, Page 449, 3444, Page 24, 4235, Page 733, respectively, Cumberland County Registry. Councilmember Smith abstained from discussion or voting on this item. Kathy Kem of the Planning Division staff presented this item. Ms. Kem stated the staff felt it would be in the best interest of the City to rezone this property. Ms. Kem stated her recommendation was based on the current uses of the properties which were zoned heavy industrial. Ms. Kem stated that changes had been made to the original map and it was the staff's recommendation that the two mini warehouses, Triangle Wholesale Supply, Inc., and New Sanford Milling Company, remain M2. Ms. Kem stated Triangle Wholesale has been withdrawn from the request to rezone. Ms. Kem reviewed a letter from Belk, Inc., requesting their property not be rezoned C1P but instead be rezoned C3, heavy commercial. Ms. Kem stated it was the staff's opinion this request complicated the issue and the Council could (1) rezone the property as presented, (2) rezone the property except for the Belk property and have it remain M2, or (3) rezone the property and address the Belk property separately. An in-depth discussion was held regarding the rezoning classification of the tracts of land. MOTION: Councilmember Kizer moved to rezone the areas except for Tract 1, leaving it as P2, leaving the southern portion of Tract 5 as C3, other exclusions as noted by the Planning staff and leaving the Belk tract as M2. SECOND: Councilmember Worthy A discussion was held regarding the legality of the advertisement on Tract 5. City Attorney Robert Cogswell stated the advertising conformed. VOTE: UNANIMOUS with Councilmember Smith abstaining 5. P98-20F. The rezoning from C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 3529 and 3519 Bragg Blvd. Containing 7.27 acres more or less and being the property of J.D. and Augusta Howard; Howard Development Company as evidenced by deed recorded in Deed Book 546, Page 238; Book 2775, Page 219, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended approval of the rezoning. MOTION: Councilmember Smith moved to rezone the property to C3. SECOND: Mayor Pro Tem McBryde VOTE: 10 to 2 with Councilmembers Kendrick and Haire opposed 6. Consideration of actions regarding the annexation of Area 3-B (Lafayette Village and Gallup Acres): A. Adoption of 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 (Area 3-B, Lafayette Village and Gallup Acres) (Recommended public hearing date: July 20, 1998) B. Approval of Annexation Report for Area 3-B. City Manager Roger Stancil presented this item. Mr. Stancil stated this was the first step in the annexation process for Area 3-B (Lafayette Village and Gallup Acres). Mr. Stancil reviewed the plans for extending City services to the proposed areas. He reported that the issue of the fire service in this area had been resolved and he recommended adoption of the resolution of intent and approval of the annexation report. Mr. Stancil stated that there would be two neighborhood meetings in the area, the public hearing would be set for July 20, and the ordinance would be adopted on August 4, 1998. He said the submission of Areas 3-A and 3-B would be made to the Justice Department on October 1 for the pre-clearance of the election plan with the annexation being effective June 30, 1999. Councilmember Kizer abstained from discussion or voting on this item. A RESOLUTION STATING THE INTENT OF THE CITY OF FAYETTEVILLE, N.C., TO CONSIDER ANNEXATION OF THE AREA DESCRIBED HEREIN AND FIXING THE DATE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION (AREA 3-B LAFAYETTE VILLAGE AND GALLUP ACRES). RESOLUTION NO. R1998-052. MOTION: Councilmember Kendrick moved to approve the resolution of intent and approve the annexation report. SECOND: Mayor Pro Tem McBryde A discussion was held regarding the joint roles and involvement of the City and PWC in the contract management of the water and sewer services. VOTE: UNANIMOUS with Councilmembers Kizer abstaining A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. C. Administrative Reports/Status Report on Annexation Construction Projects: 1. Report from Rose Group on annexation work for Drake Park/Welmar/Evergreen Estates. Mr. Chuck Donnell of the Rose Group presented a detailed status report on the water, sewer, drainage and paving projects in the Drake Park, Welmar, and Evergreen Estates subdivisions. A question and answer period ensued. 2. Report from Moorman, Kizer and Reitzel on annexation work for Hollywood Heights/Montclair/Bunce Road/Scotsdale/Loch Lomond. Mr. Jeff Reitzel of Moorman, Kizer and Reitzel gave a detailed status report on the water, sewer, drainage, and paving in the Hollywood Heights, Montclair, Bunce Road, Scotsdale and Loch Lomond subdivisions. Councilmember Kizer abstained from discussion or voting on this item. A verbatim report of this item is attached as Exhibit A to the original set of minutes on file in Minute Book 3 at the City Clerk's office, 433 Hay Street, Fayetteville, NC. An in-depth question and answer period was held. 7. Consideration of approval of the following PWC matters: A. Approve Utility Agreement for the Galberry Farms School Site. City Manager Roger Stancil presented this item. Mr. Stancil stated that an agreement had been negotiated with Galberry Farms Developers which set out that when this area is built to urban standards, it would become part of the City of Fayetteville. Mr. Stancil defined urban standards as being when a development was contiguous with the City and reached a size of from 1,000 to 1,200 homes or 10 years had past. Mr. Stancil recommended approval of both of the agreements. Mr. Tom McNeill addressed the Council regarding the PWC's current policy of extension of services to non-contiguous parcels. Mr. McNeill stated he felt this policy would stop the exorbitant cost of retrofitting subdivisions and future development would be much easier for the City of Fayetteville. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS with Councilmember Kizer abstaining B. Approve Connection Agreement for Water and/or Sanitary Sewer for various tracts of land located outside the geographical boundaries of the City of Fayetteville. Mr. Roger Stancil presented this item. Mr. Stancil recommended authorizing the City Manager to negotiate with the Town of Hope Mills regarding future annexations. Councilmember Kizer abstained from discussion or voting on this item. MOTION: Councilmember Worthy moved to authorize the City Manager to negotiate an agreement with the Town of Hope Mills regarding future annexations. SECOND: Councilmember Kendrick VOTE: UNANIMOUS with Councilmember Kizer abstaining 8. Consideration of adoption of resolution approving sale of City property located at Burgess Street and Maiden Lane to Shuller, Ferris, Johnson and Lindstrom, Architects. RESOLUTION ACCEPTING AN OFFER TO PURCHASE CITY PROPERTY. RESOLUTION NO. R1998-053. MOTION: Councilmember Smith moved to approve. SECOND: Councilmember Kizer VOTE: UNANIMOUS A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 9. Consideration of approval of Interlocal Agreement with Cumberland County for 800 MHz radio system. City Manager Roger Stancil presented this item. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING AN AMENDMENT TO THE AGREEMENT FOR INTERLOCAL UNDERTAKING WITH CUMBERLAND COUNTY BOARD OF COMMISSIONERS FOR THE USE OF A 800 MHZ TRUNKED VOICE RADIO SYSTEM. RESOLUTION NO. R1998-054. MOTION: Councilmember Kendrick moved to adopt the resolution and approve the agreement. SECOND: Councilmember Talbot VOTE: UNANIMOUS A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 10. Consideration of contract for commercial solid waste collection. City Manager Roger Stancil presented this item. Mr. Stancil stated that the City's share of the collection of solid waste was minor and the bulk of the cost of solid waste was for disposal. He stated the benefits of having the City in this business is to have the ability to buy in bulk and to be able to take advantage of the best price. Mr. Stancil stated he did not want to take any steps that would damage the BCH project. He stated he had discussed the issue with the County Manager to see if the County's tipping fee could be lowered until BCH came back on line. He reported that after discussion with the County's staff, the decision had been made that the tipping fee could not be lowered. Mr. Stancil presented figures showing the costs involved if the Council allowed ARS to use an alternate landfill with lower fees. He requested the Council to authorize the City Manager to proceed to negotiate a contract with ARS to continue to provide the commercial service, but with all costs being paid by the customer and to allow ARS to take their garbage to the landfill of their choice. Mr. Stancil said he had consulted with the attorneys and this could be done. He said if this contract were approved, the dollar amount paid by the citizens in June would be no more when the new fiscal year started in July, and the City would not have to pay anything. MOTION: Councilmember Worthy moved to authorize the City Manager to negotiate the contract with ARS to continue to provide commercial service but with the customer paying all the costs and no subsidy coming from the City. SECOND: Councilmember Williams A discussion was held with the Council extending their thanks to the City Manager and staff for a job well done. VOTE: UNANIMOUS 11. Consideration of approval of proposed list of sidewalk projects to be funded through NC Department of Transportation. Councilmember Haire abstained from discussion or voting on this item. Assistant City Manager Jimmy Teal presented this item. Mr. Teal stated the staff was recommending the top priority for sidewalks be on Murchison Road from Blue Street to Rowan Street with additional projects on Bonanza Drive, Morganton Road, Cliffdale Road, and Filter Plant Drive. MOTION: Councilmember Worthy moved to accept the recommendations and do as many sidewalks as the monies would allow and in the order that the staff sees fit. SECOND: Councilmember Talbot Councilmember Cheek asked how this list fitted into the overall sidewalk project plan. Mr. Teal reviewed the location of the projects. Councilmember Cheek requested that the overall sidewalk plan be reviewed by the Council at a later date. VOTE: UNANIMOUS with Councilmember Haire abstaining 12. Report from Transportation Committee: A. Driveway on Malloy Street to the Brandywine Apartments. Councilmember Kendrick reported the Committee decided no action would be taken on this item until August 1998 because of the pending court case. B. Petition for No Parking in Cape Fear Valley Medical Center area from 7:00 p.m. to 7:30 a.m. on the following streets: Avon Street, Cape Court, Cape Center Drive, Medical Drive, Sandhurst Drive, Walter Reed Road. Councilmember Kendrick stated the Committee's recommendation was there be no parking on the streets between 5:30 a.m. and 7:30 a.m. on weekdays. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1998-021. MOTION: Mayor Pro Tem McBryde moved to approve the recommendation. SECOND: Councilmember Fogleman VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. C. Traffic signal at intersection of Commerce Street and Robeson Street. Councilmember Kendrick stated the Committee recommended denial of the request for a traffic signal because the statistics did not meet the North Carolina Department of Transportation's requirements for a traffic signal device. Councilmember Haire inquired as to what could be done. Councilmember Kendrick replied it was a North Carolina Department of Transportation road and they would be the one to take future action. D. Traffic calming devices on selected City streets. This item was referred to the staff for information. E. Divided median for multi-lane roads. Councilmember Kendrick reported the Committee had discussed this issue and had expressed concerns regarding the maintenance costs associated with the divided median. However, their recommendation was to go forward with recommending the four-lane roads with landscaped medians. A discussion was held regarding the widening of Bunce Road. Mr. Kendrick stated that this was the Department of Transportation's decision and the City's role would be to recommend which median to use. MOTION: Mayor Pro Tem McBryde moved to recommend the four-lane roads with landscape medians. SECOND: Councilmember Fogleman VOTE: UNANIMOUS F. Connection of Christian Street with Neal Street. Councilmember Kendrick stated the Committee recommended connecting Christian Street with Neal Street. MOTION: Councilmember Cheek moved to approve the connection of Christian Street with Neal Street. SECOND: Councilmember Kizer VOTE: UNANIMOUS G. Update on connection of Jones Street to North Street. Councilmember Kendrick stated the staff would be figuring the cost and would also be looking at closing the street at Ramsey Street and making the entrance only on North Street. No action was taken by Council. 13. Consideration of adoption of 1998 Municipal Legislative Goals and Policies from the North Carolina League of Municipalities. MOTION: Councilmember Smith moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS 14. APPOINTMENTS: A. Nominations are needed to fill one vacancy on the Board of Appeals on Dwellings and Buildings. Ms. Clara Whittington was appointed to fill the vacancy on the Board of Appeals on Dwellings and Buildings. A discussion was held regarding the responsibilities of this Board. 15. ADMINISTRATIVE REPORTS This item became Item 6.C. 16. Consideration of request for legal representation. City Attorney Robert Cogswell stated that in all the cases, the employees were acting within the course and scope of their employment and were entitled to legal representation. Mr. Cogswell recommended authorizing the office of the City Attorney to represent all the individuals and there would be no need for hiring outside counsel in any of the cases. MOTION: Mayor Pro Tem McBryde moved to authorize the City Attorney to represent the following employees in the following cases: (1) Tina Shepard in Muse v. City of Fayetteville; (2) Sergeant Roberto Rivera, Jose Lamboy, Robert Waters and Micheal Murphy in Homer Walker v. NationsBank; (3) Tamara Carter in Lanatia North v. City of Fayetteville; and (4) Paul Smith, III, in Darlene Ford v. Lazonia Coopers, Paul Smith, III, and City of Fayetteville. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 17. Closed session for discussion of property acquisition and the lawsuit, Linda Wilson v. City of Fayetteville. MOTION: Councilmember Cheek moved to reconsider motion to approve agenda. SECOND: Councilmember Kendrick VOTE: UNANIMOUS MOTION: Councilmember Cheek moved to change the motion to approve agenda to reflect the addition of a closed session to discuss property acquisition and the lawsuit, Linda Wilson v. City of Fayetteville. SECOND: Councilmember Kendrick VOTE: UNANIMOUS MOTION: Mayor Pro Tem McBryde moved to go into closed session to discuss property acquisition and the lawsuit, Linda Wilson v. City of Fayetteville. SECOND: Councilmember Massey VOTE: UNANIMOUS The Council went into closed session at 10:35 p.m. The regular session resumed at 10:44 p.m. MOTION: Mayor Pro Tem McBryde moved to adjourn the meeting. SECOND: Councilmember Milligan VOTE: UNANIMOUS INFORMATION ON PUBLIC HEARINGS SET: JUNE 1, 1998: Public hearing to consider speed limit reduction to 25 Miles Per Hour on the following streets: 1. C Street from Scarborough Street to Russell Street 2. Harrison Street from Scarborough Street to Russell Street 3. McDaniel Street from Old Wilmington Road to C Street 4. Scarborough Street from Old Wilmington Road to C Street INFORMATION ITEMS: 1. Information on Town Hall Day, June 24, 1998. 2. Information on internet taxation. 3. Report on tax refunds less than $100. Name Year Basis Amount Evans, Queen 1996 House Burned 1992 $ 71.10 Lease Partners Corp. 1997 Billed In Error 42.72 Total $113.82 4. Report of taxes collected for the month of April, 1998, from the Cumberland County Tax Collector. 1997 Taxes $208,969.25 1997 Vehicle Taxes 176,141.43 1997 Revit 371.10 1997 Vehicle Revit 142.91 1997 FVT 21,014.23 1997 Storm Water 23,395.22 1996 Taxes 19,763.28 1996 Vehicle Taxes 5,276.29 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 865.00 1996 Storm Water 2,703.31 1996 Discount 0.00 1995 Taxes 5,044.33 1995 Vehicle Taxes 355.62 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 85.00 1995 Storm Water 909.42 1994 Taxes 2,551.36 1994 Vehicle Taxes 14.67 1994 Revit 0.00 1994 Vehicle Revit 0.00 1994 FVT 15.44 1993 And Prior Taxes 1,890.36 1993 Vehicle Taxes 69.21 1993 And Prior Revit 0.00 1993 & Prior Vehicle Revit 0.00 1993 & Prior FVT 26.14 Interest 18,032.36 Interest (Revit) 18.34 Interest (Storm Water) 1,495.57 Fayetteville Discount (0.59) Revit. Discount (0.00) Total Collections $489,150.43 5. Copy of letter to Cumberland County Manager regarding support for Brownfields project. 6. Letter of thanks to Ms. Betty Gardner for providing funds to replace greenery in black pots. 7. Information on June 1, 1998, public hearing regarding extensive revisions to Historic District Ordinance. (Copy of proposed amendment attached) 8. City County Liaison Committee - minutes of September 25, 1997, January 22 and April 30, 1998. 9. Letter of appreciation for employee of Recreation and Community Facilities Department. 10. Letter from NC DOT regarding noise abatement wall at Cliffdale Road Interchange. 11. Information on PWC retirement system 12. Police Department - report from the Office of Professional Standards for the month of April, 1998. 13. PWC - minutes of April 8, 1998. The meeting adjourned at 10:45 p.m. REGULAR MEETING MAY 26, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MAY 26, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Anne D. Fogleman (at-large) Suzan K. Cheek (District 5) Others Present: Roger L. Stancil, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Frank Simpson, Inspections Director Terrie Hutaff, Interim Personnel Director Victor Sharpe, Planning Division Manager Brad Whited, Airport Director Lisa Smith, Interim Finance Director Steve Blanchard, PWC Manager's Office Tom McNeill, PWC Property Acquisition Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Milligan, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins stated that Councilmembers Cheek and Fogleman would be late arriving at the meeting. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmembers Cheek and Fogleman until they arrived. SECOND: Councilmember Kendrick VOTE: UNANIMOUS Mayor Dawkins announced the Character Education Concept for May 1998 was Celebration. 1. APPROVAL OF AGENDA Mayor Pro Tem McBryde requested to move Item 2 to come after Item 6. He stated that because this item was a bond sale, all members of the Council needed to be present to vote. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the change. SECOND: Councilmember Worthy VOTE: 9 to 1, with Councilmember Talbot opposed (Councilmembers Fogleman and Cheek excused) 2. Moved to follow Item 6. 3. Consideration of approval of a Sanitary Sewer Outfall Utility Participation Agreement for Stewarts Creek. Mr. Tom McNeill, Real Estate/Special Projects Manager, PWC, presented this item. MOTION: Councilmember Kendrick moved to approve the agreement. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmembers Fogleman and Cheek excused) 4. P98-7F. Consideration of the rezoning from R10 Residential District to C1P Shopping Business District or to a more restrictive zoning classification for an area located at 3120 and 3124 Boone Trail. Containing .92 acres more or less and being the property of Mr. and Mrs. Yates Black, and Bordeaux Center, Inc. as evidenced by deeds recorded in Deed Books 749, Page 196 and 2803, Page 103 respectively, Cumberland County Registry (Second reading). Mayor Dawkins presented this item. He stated this was the second reading on the motion approved at the last meeting to rezone this property to P2. No discussion was held on the item prior to the Council's vote. MOTION: Councilmember Kendrick moved to rezone the property to P2. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmembers Fogleman and Cheek excused) 5. Presentation of Recommended Budget for Fiscal Year 1998-99. City Manager Roger Stancil presented this item. Mr. Stancil stated the priority of this budget is to increase the pay of City employees in order to attract and retain quality people while maintaining the fiscal strength required to meet debt obligations and at the same time to reflect the City Council's goals. The proposed budget would maintain the current level of services, continue the extension of urban services via annexation, and do Phase 2 of the 1994 Pay Plan without any tax increases. Mr. Stancil stated he wanted to get away from the global issue of not increasing taxes and look at the value of services received by the citizens. In an effort to clarify this issue, Mr. Stancil stated that based on an average home value of $100,000, the cost for monthly City services averaged $42.00. He pointed out that this was about the same fee being paid for basic cablevision by a family on a monthly basis. Mr. Stancil stated the proposed budget included a three-cent tax increase for paying back $28 million in bonds approved by the voters in 1994 and for the average homeowner, the increase would equal an amount of approximately $30 a year. Mr. Stancil recommended that the Council approve a one-cent tax increase to fund a professional development pay plan for public safety personnel. The program would recognize a combination of years of service and achievement of certain proficiencies that make a public safety employee more valuable to the City. He stated this budget would address the current pay issues of turnover, compression, and recruitment. Mr. Stancil stated after surveying numerous cities, the County of Cumberland, and other businesses in the area, the statistics showed that the City was 6.7 percent below the median in public safety positions, 11.43 percent below the median in non-public safety positions, and 10 percent below the County of Cumberland. Mr. Stancil recommended: 1) A 5 percent increase to all City employees who have been with the City more than one year on July 1, 1998. Those who have been with the City less than one year on July 1 would receive a 5 percent increase on their one-year anniversary. This recommendation would deal with market competitiveness for current employees. 2) For those employees who have been with the City more than five years (approximately 50 percent), he recommended a 1 percent increase for each year over five in addition to the 5 percent general increase, with a maximum increase of 10 percent. This recommendation would confront the compression issue that should have been dealt with in the second year of the pay plan (1995). About 70 percent of the City's employees have been with the City 10 years or less. 3) No money is included in this budget for performance increases. Evaluations, however, will continue this year. 4) The current longevity plan will stay in place for all other employees. 5) Health care benefit levels will remain the same with no premium increases for employees. 6) In the fiscal year 1998-99, a review of positions that fall below the survey average for similar positions throughout the state would be done. Mr. Stancil requested a year to have the management team evaluate the City's operations and to consult with local businesses and educational institutions for their input as to how the operations of the City could be improved. Mr. Stancil stated his proposed budget was geared to meet the most pressing needs of increasing employee pay and repaying the voter-approved debt with a minimal tax increase. Mr. Stancil recommended the Council determine how they would like to proceed and then set a public hearing for June 15, 1998. Mayor Pro Tem McBryde stated he would like to see the budget held to the three-cent tax increase approved by the citizens and he requested the budget be looked at with the purpose in mind of reducing the four-cents increase to three cents. MOTION: Councilmember Milligan moved to set the budget meeting for June 8, 1998 at 7 p.m. in the Lafayette Room of City Hall. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmembers Fogleman and Cheek excused) A discussion was held regarding the pros and cons of the proposed tax increase, the budget review process, the basis of comparisons used for the pay plan recommendations, the funding of the proposed pay plan and the re-evaluation process used for real property values. Councilmember Kendrick requested information be provided on the tax basis used in Charlotte, Raleigh, and Greensboro. Mr. Kendrick stated he felt this was needed in order for the Council to make a decision on the tax rate. 6. Discussion of boards and commissions. Councilmember Milligan inquired whether the functions of the Board of Adjustments could be assigned to the Zoning Commission which could serve the same purpose. City Attorney Robert Cogswell stated by statute this could be done because both the Zoning and Planning Commissions were designated as planning agencies. However, he pointed out that a fourth/fifth vote was required for an approval and the larger the body of the board, the harder it was to achieve this vote. MOTION: Councilmember Milligan moved to take the Board of Adjustments and assign its functions to the Zoning Commission. SECOND: Councilmember Worthy A discussion was held regarding the feasibility of abolishing the Board of Adjustments. City Attorney Robert Cogswell stated the ordinance would need to be amended and a public hearing would have to be held. Councilmember Massey stated he had a problem with combining enforcement and legislative functions. A discussion ensued regarding the function of the Board of Adjustments. SUBSTITUTE MOTION: Councilmember Massey moved to have the staff very closely examine the intent and purposes of both the Planning and Zoning Commissions and the Board of Adjustments to see where they are different, where they are similar, and if they can be combined without losing both the executive and legislative functions within the process. SECOND: Councilmember Worthy City Attorney Cogswell stated the Zoning Commission does not enact ordinances. Enforcement of ordinances is a legislative function of City Council. The Zoning Commission can only make recommendations, and thereby it could be given the functions of the Board of Adjustments. Councilmembers Talbot and Williams expressed their opposition to the reduction of citizen involvement on boards and commissions. Councilmember Smith stated there were too many boards with different opinions involved who made similar decisions but could not agree on a solution. He also expressed his belief that the process could be simplified and better organized, and that more informed and qualified candidates should be placed on the boards and commissions. Councilmember Milligan stated she was not trying to reduce citizen participation but she felt there was a lot of redundancy and the substitute motion was okay with her. She stated she felt the boards and commissions still needed to be reviewed for redundancies. Councilmember Kizer agreed that the commissions needed to be balanced with good members. He also stated it was his opinion that some of the commissions were not following their intent under the law and that created problems. Councilmember Kizer stated that follow-up and directions were needed by the commissions when making difficult decisions. AMENDED MOTION: Mayor Pro Tem McBryde requested to add to Councilmember Massey's motion that all committees and boards be included in the review. Councilmember Massey accepted and added that they also look at all areas that currently have no commission that would possibly need them. Councilmember Smith requested to defer this issue until after July 1. Councilmember Kendrick called for the question and carried unanimously. VOTE: UNANIMOUS (Councilmembers Fogleman and Cheek excused) Mayor Dawkins declared a 10-minute recess. 2. Consideration on the following financial matters: A. Adoption of a resolution directing the Interim Finance Director to negotiate installment financing contract between the City of Fayetteville and First Union to finance construction and equipping of recreation and parks facilities, fire station and airport hangers. B. Adoption of a resolution directing the Interim Finance Director to negotiate an installment financing contract between the City of Fayetteville and Craigie Incorporated - Governmental Finance to finance the acquisition of equipment and vehicles. MOTION: Mayor Pro Tem McBryde moved to defer this item until next week because the Council was short two members. SECOND: Councilmember Smith VOTE: 6 to 5 in favor with Mayor Dawkins casting the tie-breaking vote. (Mayor Pro Tem McBryde, Councilmembers Kendrick, Smith, Kizer and Milligan voted in favor and Councilmembers Worthy, Talbot, Williams, Massey, and Haire were in opposition. Councilmembers Fogleman and Cheek were excused.) MOTION: Councilmember Talbot moved to adjourn the meeting. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmembers Fogleman and Cheek excused) INFORMATION ITEMS: 1. Applications on appointments to boards and commission to be made in June, 1998: A. Nominations are needed to fill four vacancies on the Airport Commission. (One vacancy is for Travel Industry representative) B. Nominations are needed to fill seven vacancies on the Human Relations Commission. C. Nominations are needed to fill one vacancy on the Public Works Commission. D. Nominations are needed to fill one vacancy on the Public Works Commission Retirement Board. E. Nominations are needed to fill two vacancies on the Joint Storm Water Advisory Board. (One vacancy for City Council appointment; one vacancy for Mayor/Chairman appointment) 2. Update on downtown projects. 3. Notice of a Citizens Informational Workshop for the proposed improvements to Camden Road (SR 1003) from NC 59 (Hope Mills Road) to Owen Drive (SR 1007). 4. PWC - minutes of April 22 and May 6, 1998. 5. FACVB - minutes of April 9, 1998. The meeting adjourned at 8:30 p.m. REGULAR MEETING JUNE 1, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JUNE 1, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Suzan K. Cheek (District 5) Others Present: Roger L. Stancil, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Frank Simpson, Inspections Director Victor Sharpe, Planning Division Manager Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Elder Walter Cook, of the First Pentecostal Free Will Baptist Church, 1123 Turnpike Road, Fayetteville, NC, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA Mayor Dawkins stated that Councilmember Cheek would not be present for the meeting. MOTION: Councilmember Kendrick moved to excuse Councilmember Cheek from the meeting. SECOND: Mayor Pro Tem McBryde VOTE: Unanimous City Manager Roger Stancil requested to remove Item 8, consideration of approval of Interim Right-of-Way Encroachment Agreement with KMC Telecom II, Inc., a fiber optic company. Mayor Pro Tem McBryde requested to abstain from discussion and voting on Item 3.A. Councilmember Kizer requested to abstain on Items 3.E and 5. MOTION: Councilmember Massey moved to allow the abstentions as requested. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Mayor Pro Tem McBryde and Councilmember Kizer abstaining, Councilmember Cheek excused) MOTION: Councilmember Kizer moved to approve the agenda with the removal of Item 8. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmember Cheek excused) 2. CONSENT: MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Cheek excused) A. Approve minutes of regular meeting of May 4, 1998. B. Adopt a resolution pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Property of Biltwell, Inc. - located adjacent to Section 7C of Country Club North, at the end of Larkspur Drive, south of Spy Glass Drive) (Recommended public hearing date: June 15, 1998). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA. PROPERTY OF BILTWELL, INC. (LOCATED ADJACENT TO SECTION 7C OF COUNTRY CLUB NORTH, AT THE END OF LARKSPUR DRIVE, SOUTH OF SPY GLASS DRIVE). RESOLUTION NO. R1998-055. C. Adopt a resolution pursuant to N.C.G.S. 160A-31(c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Longview Green Apartments - located on the northern side of Longview Drive, approximately 370 feet east of Ramsey Street) property of Longview Green Associates Limited Partnership, Murray O. Duggins, General Partner. (Recommended public hearing date: June 15, 1998). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR A PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA. LONGVIEW GREEN APARTMENTS (LOCATED ON THE NORTHERN SIDE OF LONGVIEW DRIVE, APPROXIMATELY 370 FEET EAST OF RAMSEY STREET) (PROPERTY OF LONGVIEW GREEN ASSOCIATES LIMITED PARTNERSHIP; MURRAY O. DUGGINS, GENERAL PARTNER). RESOLUTION NO. R1998-056. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1998. D. Set public hearing for June 15, 1998, to consider adoption of Budget Ordinance for FY 98-99. E. Approve correction to Policy No. 115.6 regarding out-of-town travel for the Mayor and City Council. F. Approve award of contract for construction of the Beaver Creek to Lakeridge Drive Sanitary Sewer Outfall Line to Sanford Contractors, Inc. (Sanford, NC), low bidder in the amount of $423,859.00. (PWC) Bids were received as follows: Sanford Contractors, Inc. (Sanford, NC) $423,859.00 T.A. Loving Company (Goldsboro, NC) $488,340.00 Schultz Construction, Inc. (Raleigh, NC) $520,859.00 R.H. Moore Company, Inc. $523,748.00 B.R.S., Inc. (Richfield, NC) $571,310.00 ES & J Enterprises, Inc. (Autryville, NC) $576,194.00 Monroe Roadways, Inc. (Fairport, NY) $636,105.00 Atlas Resource Management, Inc. (Fayetteville, NC) $731,035.00 G. Approve award for relocation of Electric Transmission and Distribution Line along US-401 Bypass (Skibo Road) to R. H. Bouligny, Inc. (Charlotte, NC), low bidder, in the amount of $1,134,369.09. (PWC) Bids were received as follows: R.H. Bouligny, Inc. (Charlotte, NC) $1,134,369.09 C.W. Wright (Chester, VA) $1,871,005.76 H. Approve award for construction of Clearwell and Distribution Pumping Improvements at the Hoffer Water Treatment Plant to the following: (PWC) 1. General Contractor: State Utility Contractors (Monroe, NC), low evaluated bid in the amount of $3,896,000.00. 2. Electric Construction: L.J.'s Electric Company (Elm City, NC), low evaluated bid in the amount of $110,475.00. Bids were received as follows: Single Prime Contract 8A Contract 8B State Utility $4,041,000 $3,896,000 Adams Robinson $4,585,000 $4,425,000 $160,000 Turner Murphy $4,255,000 Crowder Construction $4,340,500 $4,263,600 $124,715 Dellinger $4,549,490 R.C. Construction Co. $4,140,000 T.A. Loving $4,149,000 $4,030,000 Crain and Denbo $4,493,300 $4,375,300 Republic Contracting $4,257,000 Integratec Industrial $119,937 Watson Electric $129,000 L.J.'s Electric $110,475 I. Approve PWC 1997-98 Budget Amendment No. 1. 3. PUBLIC HEARINGS: A. P97-18F. Consideration of the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 1900 Bragg Boulevard. Containing .92 acres more or less and being the property of Edward W. Grannis, Jr., as evidenced by deed recorded in Deed Book 3240, Page 512, Cumberland County Registry. Mayor Pro Tem McBryde abstained from either discussion or voting on this item. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe gave a zoning history of the area and stated that both the staff and the Zoning Commission recommended denial of this rezoning request. This is the advertised public hearing set for this date and time. The public hearing opened at 7:15 p.m. Mr. Ed Grannis, Jr., 2391 Amigo Drive, Fayetteville, NC; and Mr. Tony Santangelo, 2526 McNeill Circle, Fayetteville, NC, appeared in favor of the rezoning. Mr. David L. Padgett, 807 Cape Fear Avenue, Fayetteville, NC; Mr. Edgar T. Lampkin, 809 Cape Fear Avenue, Fayetteville, NC; Mr. Carl Barrington, 213 Dick Street, Fayetteville, NC; Bobbie Threatt, 906 McKimmon Road, Fayetteville, NC; Ms. Barbara McNeill, 980 Creekside Run, Fayetteville, NC; Mr. Gilbert Ray, 910 McKimmon Road, Fayetteville, NC; and Ms. Allison Bish, 606 Pearl Street, Fayetteville, NC, appeared in opposition to the rezoning. They requested the Council to support the 2010 Plan and to follow the recommendations of the Planning staff and Zoning Commission. Mr. Grannis and Mr. Santangelo offered rebuttal to the opposition. There being no one further to speak, the public hearing closed at 7:49 p.m. Discussion was held with Councilmember Williams expressing his support of the rezoning request for the growth of Fayetteville. MOTION: Councilmember Haire moved to deny the rezoning. SECOND: Councilmember Worthy VOTE: 9 to 1 with Councilmember Williams in opposition (Mayor Pro Tem McBryde abstaining, Councilmember Cheek excused) B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following streets: (1) C Street from Scarborough Street to Russell Street, (2) Harrison Street from Scarborough Street to Russell Street, (3) McDaniel Street from Old Wilmington Road to C Street and (4) Scarborough Street from Old Wilmington Road to C Street. Assistant City Manager Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 7:55 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1998-022. MOTION: Councilmember Fogleman moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Cheek excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. C. P98-19F. Consideration of revisions and amendments to Chapter 32, Zoning, Article III, General Provisions, Section 32-5, Definitions, by adding Section 32-5 (9.1) Family Care and Group Homes, and (10.01) Handicapped Person and by adding to Article IV District Use Regulations, Section 32-22, R-15 Residential District, Family Care and Group Homes, as a permitted use and requiring 2,000 feet distance separation from an existing Family Care or Group Home. Ms. Kathy Kem of the Planning Division staff presented this item. Ms. Kem explained that this amendment would give more specific definition to the ordinance by adding separation requirements for family care and group homes. The amendment would make the ordinance consistent with the state's statute in definition and would allow these homes as a permitted use in all residential districts. Ms. Kem explained that the state statute requires that group homes be treated as a single-family residence but a separation of up to a half a mile in distance can be required between them. Ms. Kem stated that Charlotte required a quarter of a mile separation, Hickory required no separation and Chapel Hill required 500 feet separation. Councilmember Milligan requested to change the distance to 2,640 feet between each resident. City Attorney Robert Cogswell stated the public hearing would have to be held on the 2,000 feet as advertised and another public hearing would have to be held in order to change the footage requirement. A discussion was held regarding restrictions of the citizens, the impact the ordinance would have on existing residences and the effects of increasing the separation requirements. This is the advertised public hearing set for this date and time. The public hearing opened at 8:09 p.m. Mr. Lloyd G. George, President of the Seabrook Homeowners Association, appeared in favor of the 2,000 foot separation of residents. Ms. Charlotte Patterson, 5212 Merritt Drive, Fayetteville, NC; Moses Best, 1824 Broadell Drive, Fayetteville, NC; Barbara Spigrier, 5701 Cloister Court, Fayetteville, NC; Rita Robinson, PO Box 35534, Fayetteville, NC; and Pearlene Lattimore, 216 Dave Street, Fayetteville, NC, appeared in opposition to amending the ordinance because they felt it would hamper the rights of handicapped persons. They stated the separation requirement of 2,000 feet would be too restrictive. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:30 p.m. MOTION: Councilmember Worthy moved to approve the ordinance and establish a separation distance of 1,501 feet. SECOND: Councilmember Massey Councilmember Milligan stated she felt the cluster of homes needed to be looked into and a decision should be made about how many residences should be in a neighborhood. Ms Milligan stated she felt a distance of 2,600 feet was not unreasonable. Councilmember Williams stated he felt any distance requirement would be discriminating. Councilmember Haire stated his objective was to get something on the books to address this issue. City Attorney Robert Cogswell stated the advertisement was written for 2,000 feet and not up to 2,000 feet and it was his legal opinion that if anything was done other than 2,000 feet, the public hearing would have to be re-advertised. AMENDED MOTION: Councilmember Worthy stated he would amend the distance to 2,000 feet in his original motion. SECOND: Councilmember Massey Councilmember Smith stated he felt the Council needed to find a balance between all groups within the City because the homes were needed and this was not an issue of discrimination. He stated his personal preference was 2,600 feet but he would compromise with 2,000 feet. Councilmember Talbot stated he supported the 2,000 feet. Councilmember Milligan stated the group homes were needed but there was no need to saturate a neighborhood. VOTE: 7 in favor (Councilmembers Worthy, Talbot, Fogleman, Kizer, Milligan, Massey and Haire) to 4 in opposition (Councilmembers Kendrick, Smith, Williams and McBryde) (Councilmember Cheek excused) Mayor Dawkins stated that because a two-thirds vote was required to pass an ordinance, this item would require a second reading without any discussion. The second reading was set for June 15, 1998. D. P98-22F. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article XIII, Special Historic District Provisions. Mr. Victor Sharpe presented this item. Mr. Sharpe stated the Planning Commission had recommended approval as presented. He requested that prior to the approval of this ordinance, Section 2-27 be repealed with the exception of Number 1 under D, which would be added to Section 32-84, page 100, and become a part of Number 6. Councilmember Fogleman expressed her concern with the 180-day delay acting upon the Certificate of Appropriateness and the 365-day delay on the demolition of a structure. Mr. Sharpe responded that the deadlines for the ordinance were to preserve and protect the architectural significant and contributing structures in the Historic District and that it was consistent with the North Carolina General Statutes. Mr. Sharpe stated the Department of Cultural Resources had informed his staff that our ordinance was weak and needed to be strengthened. Councilmember Kizer expressed his concerns about the use of the Historic Resources Commission in minor repairs rather than using the Inspections Department. Mr. Kizer felt the lack of clarity on the issue of the time frame involved and the City's responsibility in the repair of broken windows needed to be re-addressed. This is the advertised public hearing set for this date and time. The public hearing opened at 9:08 p.m. Mr. John Clark, Jr., Chairman of the Historic Resources Commission, appeared in favor of the ordinance as written. He explained that the deadlines were tools to preserve the contributing buildings that were designated as historic land sites. Ms. Robin Legg, 1312 Goodview Avenue, Fayetteville, NC, appeared in favor and expressed her appreciation to the Historic Resources Commission and the Planning Commission for their hard work. Ms. Legg stated stricter enforcement was needed because of the concept that the Downtown area was unsafe. Ms. Susan Hyatt, 119 Hillside Avenue, Fayetteville, NC, appeared in favor and stated she felt it was imperative that downtown property owners assume responsibility for the maintenance of their property. Mr. Rudolph Singleton, Jr., 1 Skye Place, Fayetteville, NC, appeared in opposition to the ordinance. Mr. Singleton stated the time frames were prohibitive to selling a piece of property in the downtown area. He stated that if it takes a year and a half to demolish, there will be a great deal of stagnation in the Downtown area in the future. Mr. John Clark offered rebuttal to Mr. Singleton's opposition. There being no one further to speak either in favor or opposition, the public hearing closed at 9:33 p.m. Councilmember Smith stated there needed to be a balance between historic preservation and the need for private investors and it was his opinion that the ordinance needed to make it easier for investors to come Downtown. MOTION: Councilmember Smith moved to approve the ordinance as submitted with two changes: (1) That in Section 32.87, the 180 days for Certificate of Appropriateness to be acted on be changed to 90 days and (2) That in Section 32.96, the number of days for delay in a demolition be changed from 365 days to 180 days. SECOND: Councilmember Fogleman Councilmember Kendrick raised the question of what could be done to avoid a historic building getting into a condition that required it to be demolished. Councilmember Milligan stated the Council needed to be both pro-development and pro-historical and needed to support the Historic Resources Commission with an ordinance that would enable them to do their job. Councilmember Williams stated his opposition to preservation and stated it was his opinion that the Chairman of the Historic Resources Commission had a conflict of interests and should not be on the commission. Mayor Dawkins called for a vote on the motion. VOTE: 6 in favor (Mayor Pro Tem McBryde, Councilmembers Kendrick, Smith, Milligan, Fogleman and Massey) to 5 in opposition (Councilmembers Worthy, Talbot, Williams, Kizer and Haire) (Councilmember Cheek excused) Mayor Dawkins stated that because the vote was not a two-thirds vote, a second reading would be required with no discussion on June 15, 1998. E. P98-26F. Consideration of an application by David Matthews for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-30(14) to allow mini-storage in a C3 Heavy Commercial District for an area located at 5517 Raeford Road. Containing 3.2 acres more or less and being the property of American Flag-Raeford Road, LLC as evidenced by deed recorded in Deed Book 4448, Page 340, Cumberland County Registry. Councilmember Kizer abstained from discussion or voting on this item. Ms. Kathy Kem of the Planning staff presented this item. Ms. Kem stated that the Zoning Commission recommended approval of the project with the following findings of fact and additional conditions as recommended by the staff: (1) The proposed activity is free of objectionable characteristics such as noise, smoke and fumes; (2) Pedestrian and vehicular traffic will not be obstructed by loading and unloading activities; (3) Existing first floor retailing activities along the block face containing the site are not disrupted by the proposed use; and (4) The proposed use complies with the applicable fire code; (5) Prior to construction a flood plain development permit will be applied for; (6) That the floodway be physically and permanently marked on site; and (7) That no fill nor any kind of encroachment occur on the floodway of the creeks. This is the advertised public hearing set for this date and time. The public hearing opened at 9:54 p.m. Mr. James M. Kizer, 115 Broadfoot Avenue, Fayetteville, NC, appeared in favor of the rezoning. Mr. Kizer stated the owners had no problem with the conditions, which had been placed on the rezoning. There was no one further to speak either in favor or opposition and the public hearing closed at 9:55 p.m. MOTION: Councilmember Worthy moved to approve the project and grant the Special Use Permit with the findings of fact and conditions as set out. SECOND: Mayor Pro Tem McBryde Councilmember Kendrick inquired about the contribution this project would make to the watershed problem. Mr. Kizer stated it would not create any more problems than already existed from the waterflow of the surrounding properties. VOTE: 9 to 1 with Councilmember Fogleman in opposition (Councilmember Cheek excused, Councilmember Kizer abstaining) 4. Consideration of request to address City Council from Edna Pickett regarding the "I Have A Dream" Team. Ms. Edna Pickett presented this item and stated the purpose of her organization was to honor Martin Luther King, Jr., and to continue his type of justice for the citizens of Fayetteville. 5. Consideration of request to address City Council from James M. Kizer of Moorman, Kizer and Reitzel, Inc., regarding sanitary sewer service extension to the Cape Fear Botanical Garden. Councilmember Kizer abstained from discussion or voting on this item. Mr. James M. Kizer presented this item. Mr. Kizer requested the Council approve an additional $19,000 expenditure to complete the sanitary sewer service. Mr. Kizer explained the difficulties which had been encountered in this project and he stated the overage in projected cost was due to a low estimate, the additional requirement of a $7,000 bore added by the North Carolina Department of Transportation, and the lack of bidding competition. Councilmember Talbot inquired about the funding source. City Manager Roger Stancil recommended that the funds come from the PWC Uptown Revitalization Fund. MOTION: Councilmember Milligan moved to extend the sanitary sewer services to the Botanical Gardens with a cost of up to $19,000 and the funds would come from the Uptown Revitalization Fund. SECOND: Mayor Pro Tem McBryde Councilmember Worthy clarified that the $19,000 would be in addition to the original $30,870.50 which had already been allocated to this project. VOTE: 9 to 1 with Councilmember Williams opposed. (Councilmember Kizer abstaining, Councilmember Cheek excused) 6. Consideration of request from the Board of Directors of the Juvenile Assessment Center for office space in the City owned building on Lamon Street. MOTION: Mayor Pro Tem McBryde moved to approve the authorization of the City Manager to negotiate a lease agreement. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Cheek excused) Mr. Stancil pointed out that the action in effect was giving one year of free rent to a joint City/County operation to fight juvenile crime. 7. Consideration of the following financial matters: A. Adoption of a resolution directing the Interim Finance Director to negotiate installment financing contracts between the City of Fayetteville and First Union to finance construction and equipping of recreation and parks facilities, fire station and airport hangars. B. Adoption of a resolution directing the Interim Finance Director to negotiate an installment financing contract between the City of Fayetteville and Craigie Incorporated - Governmental Finance to finance the acquisition of equipment and vehicles. City Manager Roger Stancil presented this item. Mr. Stancil recommended approval of the financing package. He stated the interest rate on the buildings would be 4.5 percent and 4.23 percent for the vehicles and equipment. MOTION: Mayor Pro Tem McBryde moved to approve A and B. SECOND: Councilmember Fogleman Councilmember Talbot requested that the airport hangars be deleted because he did not feel public funds should be used for this project. Councilmember Worthy requested to pull the fire station from the item because he had not seen the designs he had requested. Councilmember Smith reminded the Council of the participation by both the federal and state governments in the funding of airport improvements. He also stated his preference was that the fire station remain a part of the financing package. Councilmember Williams requested the hangars be pulled from the package. RESOLUTION DIRECTING THE INTERIM FINANCE DIRECTOR TO NEGOTIATE INSTALLMENT FINANCING CONTRACTS BETWEEN THE CITY OF FAYETTEVILLE AND FIRST UNION TO FINANCE THE CONSTRUCTION AND EQUIPPING OF CLIFFDALE AND MYERS PARK RECREATION CENTERS, SCHOOL ROAD FIRE STATION, AIRPORT HANGARS AND DOUGLAS BYRD SCHOOL BALLFIELD IMPROVEMENT. RESOLUTION NO. R1998-057. RESOLUTION DIRECTING THE INTERIM FINANCE DIRECTOR TO NEGOTIATE INSTALLMENT FINANCING CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND CRAIGIE INCORPORATED - GOVERNEMTNAL FINANCE TO FINANCE THE ACQUISTITION OF EQUIPMENT AND VEHICLES. RESOLUTION NO. R1998-058. VOTE: 6 in favor (Councilmembers Smith, Kendrick, McBryde, Kizer, Foglemen and Milligan) to 5 in opposition (Councilmembers Worthy, Talbot, Williams, Massey and Haire) (Councilmember Cheek excused) C. Adoption of a resolution declaring the intention of the City of Fayetteville to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and to be made in connection with the construction and equipping of the School Road Fire Station. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE CONSTRUCTION AND EQUIPPING OF THE SCHOOL ROAD FIRE STATION. RESOLUTION NO. R1998-059. MOTION: Councilmember Kizer moved to approve. SECOND: Mayor Pro Tem McBryde Councilmember Worthy requested to see information on the fire station building design. VOTE: UNANIMOUS (Councilmember Cheek excused) D. Adoption of a resolution declaring the intention of the City of Fayetteville to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and to be made in connection with the construction and equipping of Airport Hangars. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE CONSTRUCTION AND EQUIPPING OF AIRPORT HANGARS. RESOLUTION NO, R1998-060. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Fogleman VOTE: 6 in favor (Councilmembers Smith, Kendrick, McBryde, Kizer, Fogleman and Milligan) to 5 in opposition (Councilmembers Worthy, Talbot, Williams, Massey and Haire) (Councilmember Cheek excused) Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1998. 8. Consideration of approval of Interim Right-of-Way Encroachment Agreement with KMC Telecom II, Inc., a fiber optic company. This item was pulled from the agenda by City Manager Roger Stancil. 9. Consideration of award of purchase contract to Kester Business Systems, Inc., (Greensboro, NC), low bidder, for panel systems furniture for Police Administration Building, in the amount of $252,978.87. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Haire VOTE: UNANIMOUS (Councilmember Cheek excused) Bids were received as follows: Kester Business Systems, Inc. (Greensboro, NC) $252,978.06 Williams Office Equipment Co. (Fayetteville, NC) $280,607.40 Corporate Interiors & Sales, Inc. (Fayetteville, NC) $306,278.55 Corporate Interiors & Sales, Inc. (Fayetteville, NC) $315,762.64 Williams Office Equipment, Co. (Fayetteville, NC) $316,557.58 Carswell Business Systems, Inc. (Winston-Salem, NC) $343,852.39 10. Consideration of approval of loan contract with United Developers for Longview Greens Apartment Project. MOTION: Councilmember Fogleman moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Cheek excused) The loan documents were summarized as follows: (1) A Mortage Loan Agreement that establishes the terms of the loan at $400,000 at 2 percent over 20 years to construct a 48-unit affordable housing complex. (2) A Declaration of Deed Restrictions that requires the borrower to maintain a 20-year period of affordability. (3) A Promissory Note that establishes how the loan will be repaid. (4) A Deed of Trust that documents the indebtedness and will create a lien on the property when recorded. 11. APPOINTMENTS: A. Nominations are needed to fill four vacancies on the Airport Commission. (One vacancy is for Travel Industry representative) Nominations were as follows: Mr. Donald Patton - nominated by Councilmember Talbot Mr. Frank Kelly - nominated by Councilmember Talbot Mr. Roy Whitmire - nominated by Councilmember Talbot Mr. John Lewis - nominated by Councilmember Talbot Ed Banta - nominated by Councilmember Kendrick Bob Wilson - nominated by Councilmember Fogleman Eugene Faircloth - nominated by Councilmember Haire Richard L. Fox - nominated by Councilmember Smith Dawn Gibson - nominated by Councilmember Smith B. Nominations are needed to fill seven vacancies on the Human Relations Commission. Nominations were as follows: Adam Beyah - nominated by Mayor Pro Tem McBryde John T. Johnson - nominated by Mayor Pro Tem McBryde Mary Hales - nominated by Councilmember Massey Fred Farmer - nominated by Councilmember Massey Sohee Weatherall - nominated by Councilmember Massey Susanne Rucker - nominated by Councilmember Massey Sharon Drake - nominated by Councilmember Haire A. Jamale Johnson - nominated by Councilmember Haire Maria Constas - nominated by Councilmember Kendrick Minh Courtney - nominated by Councilmember Kendrick Michael Hines - nominated by Councilmember Worthy C. Nominations are needed to fill one vacancy on the Public Works Commission. Nominations were as follows: Milton F. Wofford - nominated by Councilmember Smith Chris Dempster - nominated by Councilmember Massey D. Nominations are needed to fill one vacancy on the Public Works Commission Retirement Board. Nominations were as follows: Amy B. Sweeting - nominated by Councilmember Fogleman E. Nominations are needed to fill two vacancies on the Joint Storm Water Advisory Board. (One vacancy for City Council appointment; 1 vacancy for Mayor/Chairman appointment) Nominations were as follows: Cynthia T. Harlan - nominated by Councilmember Haire Marcus L. Ingram - nominated by Mayor Pro Tem McBryde 12. ADMINISTRATIVE REPORTS A. Report on School/park partnerships Mr Stancil gave the following report on the school's partnership with Cumberland County Schools: School Project Funds Ashley Elementary Play unit $ 28,000 T.C. Berrien Elementary Play unit 10,000 Cliffdale Rec. Center 20,000 square ft. building, play unit, 2,400,000 parking lot College Lake Rec. Center 20,000 square ft. building, play unit 1,728,000 Nick Jeralds Elementary Ballfield with lights, play unit, 103,000 renovations for rec. office, entrance sign Douglas Byrd Schools 4 ballfields, and 2 multi-purpose fields 750,000 with irrigation, fencing, lighting & scoreboards, goal posts; concession stand/restroom facility; lights on 2 existing school fields E.E. Smith High School Irrigation of football field, installation 6,000 of scoreboard, fitness equipment Glendale Elementary Play unit 13,000 Hillcrest Middle School Baseball field with lights, turf, irrigation, 60,000 sign, planter Mary McArthur Elementary Play unit 13,000 Massey Hill School Gymnasium lighting 5,000 Montclair Elementary Play unit 28,000 William Owen Elementary Goal posts/soccer goals 2,500 Ponderosa Elementary Constructed 2 ball fields, with lights, 259,000 irrigation; turf, fencing; concession stand/restroom facility; play unit Reid Ross School Baseball field, fencing,lighting, irrigation, 259,000 bleacher replacement at stadium, scoreboards, track J.S. Spivey Ballfield & basketball court with lighting, 143,000 with lighting, renovation of school for rec. center, play unit, bleachers Terry Sanford High School Install lights on tennis courts, resurface 35,000 courts VanStory Elementary Play unit 28,000 Westover High School Baseball field lights, fitness equipment/ 99,500 room, sign Ben Martin Elementary Ballfield improvements 50,000 Annexation, June 1998 J.W. Coon Elementary Play unit, ballfields 75,000 Annexation, June 1999 Total $6,131,900 INFORMATION ITEMS: 1. Announcement of meeting to discuss Visions for the Murchison Road/College Heights Corridor - Saturday, June 6, 9:00am-12:00 p.m., Shaw Auditorium, FSU. 2. Update on River Trail Masterplan. (Requested by Councilmember Betty Milligan). 3. Information on Phase 2 annexation utilities. (Requested by Councilmember Wick Smith). 4. Eufaula Street status report 5. Information on The Big Apple establishment on Ramsey Street. 6. Copy of letter from DOT regarding sidewalks on Ireland Drive. MOTION: Mayor Pro Tem McBryde moved to send sidewalks on Ireland Drive to the Transportation Committee. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Cheek excused) 7. Parks and Recreation Advisory Commission - minutes of April 27, 1998. 8. Redevelopment Commission - minutes of April 8, 1998. 9. Human Relations Commission - minutes of April 9, 1998. 10. FAEDC - minutes of April 21, 1998. MOTION: Councilmember Kendrick moved to adjourn. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Cheek excused) The meeting adjourned at 10:55 p.m. BUDGET WORKSHOP AND SPECIAL MEETING JUNE 8, 1998 FAYETTEVILLE CITY COUNCIL BUDGET WORKSHOP AND SPECIAL MEETING CITY HALL LAFAYETTE ROOM JUNE 8, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3) (arrived during the discussion of Item 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Mark C. Kendrick (District 6) (excused) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Robert W. Saunders, PWC Member Milton R. Wofford, PWC Member Robert C. Williams, PWC Member Steven K. Blanchard, PWC Director James Rose, PWC Chief Administrative Officer Mick Noland, PWC Water and Sewer Department Other PWC Personnel Lisa Smith, Interim Finance Director Craig Hampton, Administrative Services Director Curtis Hancock, Special Projects Manager Jason Brady, Public Information Officer Members of the Press 1. APPROVAL OF AGENDA Upon motion by Councilmember Cheek, seconded by Councilmember Smith, the agenda was approved by a unanimous vote of those present. 2. Consideration of approval of solid waste collection contract/franchise. City Manager Roger Stancil presented this item and pointed to the summary of the bids in the agenda packets. He recommended that the bid be awarded, consistent with Item E in the agenda packets, to ARS which would put container pickups and hauling in one fee. Mr. Stancil explained that this would result in a reduced bill to the customer, and a savings to the City of $500,000. Councilmember McBryde asked if this was to be an exclusive contract, and Mr. Stancil responded that that was the desire of ARS, but this was still being negotiated. Mr. Stancil suggested that one resolution would be that the City agree not to award any other franchise during the term of the ARS franchise. Councilmember McBryde also asked if existing contracts with ARS would be voided, and Mr. Crutchfield of ARS indicated that ARS would agreed to do this. In response to further questioning by Councilmember McBryde, Craig Hampton, Administration Services Director, also indicated that a customer could contract with a third party rather than ARS if they wanted to. Discussion then followed concerning multi-family housing units where there were more than eight units that had to have a bulk container. Mr. Stancil recommended that because apartment complexes were commercial enterprises, they should continue to have bulk containers. However, Mr. Stancil recommended that condominiums be permitted one pickup a week, and thereafter treated as any other residence. Councilmember Milligan made a motion to follow the recommendation of the City Manager, to include authorizing the City Manager to execute a contract consistent with the foregoing discussion, which was seconded by Councilmember Talbot. The motion passed upon a unanimous vote of those present. 3. Budget workshop. PWC Vice Chairman Robert Saunders gave a brief overview of the PWC budget, and commented that in terms of the downtown revitalization commitment of PWC, the 1998-1999 proposed fiscal budget included the next $2 million installment, which would bring the total investment up to $6 million to date. In the next ensuing fiscal years, the remaining two installments of $2 million each would be in the form of in-kind services by PWC. PWC Director Steve Blanchard then discussed page 3 of the proposed budget which was the proposed 1998-1999 proposed budget ordinance. Councilmember Kizer asked if the capital improvements budget included the cost for the Hope Mills project, and Mr. Blanchard responded that it did not cover these costs because at the time the budget was prepared there was no contract. Mr. Blanchard indicated there would need to be a budget amendment during the course of the year. He did indicate that Annexation Areas IIIA and IIIB were both included, the bulk of which would be funded through bonds. Councilmember Smith commented that there had been considerable discussion of the Hope Mills project at previous PWC board meetings. Councilmember Worthy then questioned the reference on page ii concerning the size of the downtown PWC Utility Center, since the proposed budget stated it was 35,000 square feet. PWC Chairman Milton Wofford responded that the entire original 50,000 square foot facility was under design, but PWC would only be using 35,000 square feet of the building, and therefore that is all that is budgeted at this time. There was discussion after that amongst councilmembers of what the original City Council action was concerning this. Mr. Saunders responded that if City Council wanted a 50,000 square foot building, that was perfectly acceptable with PWC. Councilmember Talbot asked what the PWC collection rate was and Mr. Blanchard responded that the uncollected write-offs were approximately one-half of 1 percent per year, and for the next proposed budget it would be $775,000. Councilmember Milligan then returned to the discussion of the downtown PWC Utility Center and expressed the concern of the Council that they wanted a 50,000 square foot building. Councilmember Smith then questioned the total amount of salaries in the proposed budget, and Mr. Blanchard indicated that that was contained on page 9. Councilmember Milligan asked if the 2 percent cost-of-living increase was the same each year, and Mr. Blanchard responded that it varied according to the consumer price index. Mr. Blanchard further indicated that PWC was working with a consultant on the entire pay plan, and that deregulation was having a lot to do with the impact on PWC's salaries and turnover. Mr. Wofford indicated there would be no new employees added to PWC as a result of annexation. In response to questioning from Councilmember Kizer about any increased rates for water and sewer, Mr. Blanchard responded that in the Public Offering Statement for the most recent bond issue, it was indicated that there would be rate increases each year from here on out to retire the bonds. Councilmember Cheek asked questions concerning the coordination between the County and PWC on future extensions of water and sewer lines. Mr. Blanchard indicated that the long-range plan was to install water and sewer within the urban services area, and anything within 2,000 feet had to extend to the major lines, and had to take both water and sewer. Mr. Blanchard indicated that trying to get services ahead of development was causing problems. Mr. Noland responded that they were working with the County Planning Committee, and the regulations were being changed to use density as a trigger for extensions, regardless of whether or not the extensions were within 2,000 feet of the major lines. In response to a question by Councilmember Cheek, Mr. Blanchard referenced page 162 for new street light construction in the amount of $450,000 and page 143 for the maintenance cost of $350,000 for the next year. In response to questioning about any surveys that had been done in Annexation Areas IIIA and IIIB in terms of where street lighting was needed, Mr. Stancil responded that the Police Department had done a survey of every subdivision in the City. Councilmember Worthy commented that the lighting at the Cliffdale library and on old Bunce Road was very poor. Councilmember Cheek asked for an explanation of what Mr. Saunders meant in terms of in-kind contributions for the remaining $4 million for downtown revitalization. Mr. Blanchard responded that the prior $6 million was considered non-utility. However, the next $4 million would be considered utility upgrades, for example conduits and lighting in the immediate downtown core. Councilmember Cheek questioned the $600,000 management and consultant fee, and Mr. Blanchard responded that part of this was for generation plant studies, and that there was an ongoing need for various consultants within PWC operation. In response to question from Councilmember Haire, Mr. Blanchard responded that $6 million had been deleted from the budget for fiber optic cable but that an intergovernmental loop had been installed. In response to questions from Councilmember Massey, Mr. Blanchard indicated that they were contingency amounts (page 24 for electric and page 37 for water) in the amount of one-half of 1 percent of the budget. This concluded the discussion of the PWC budget. City Manager Roger Stancil explained that in response to feedback from the City Council members since the budget presentation in May, he would recommend the following to reduce the budget by one cent: - Reduce the professional development pay plan for public safety (sworn police officers and firefighters) to $250,000 for the cost of six months implementation rather than a full year amount. - Col David, the Garrison Commander at Fort Bragg, had indicated that Fort Bragg would maintain the All American Expressway from the Fort Bragg Reservation to the Santa Fe Drive intersection, and the City would be responsible from there to the Owen Drive intersection and therefore this could eliminate $127,000. - Based upon current financing proposals, $20,000 could be eliminated from the recommended budget as it relates to the transfer to the Airport Fund for the hangar project. - Since the recommended budget was presented, the state had adjusted its support of transit operations which would result in the elimination of $165,000 from the City's recommended project. The foregoing reductions total $562,000. In response to the Transit issue, Mr. Stancil responded the County was now willing to negotiate an interlocal agreement for urban mass transit and those discussions would take place during the next year. Upon a straw vote, councilmembers were unanimous in their support of all four items presented by City Manager Roger Stancil to reduce the budget by one cent. The next item to be considered eliminated was the leaf season. After considerable discussion, a straw vote was taken, and those in favor of eliminating leaf season were Councilmembers Williams, Milligan, Fogleman, Kizer, Massey and Worthy. Those in opposition were Councilmembers Cheek, Talbot, Smith, McBryde and Haire. The next item of discussion was the elimination of bulk goods pickup. A straw vote was taken on this item, and Councilmembers Milligan, Fogleman, Kizer and Williams were in favor and the remaining Councilmembers were in opposition. The next item of discussion was the elimination of limb removals. Upon a straw vote, Councilmember Williams was the only one in favor of eliminating this item. Councilmember Williams then asked how many new employees were in the budget for the newly annexed area, and Mr. Stancil responded there were 64. Councilmember Williams proposed elimination of these employees. It was decided to indicate to anyone signing up to speak at the public hearing on the budget scheduled for June 15, 1998, that they would only have 1 to 3 minutes to speak. Also, in light of the projected length of the meeting for June 15, 1998, it was suggested that boards and commissions nominations be postponed until June 22, 1998. Upon motion by Councilmember Haire, seconded by Mayor Pro Tem McBryde, and upon unanimous vote, the meeting was recessed until 6:00 p.m., Wednesday, June 10, 1998, in the Lafayette Room of City Hall. CONTINUATION OF JUNE 8, 1998, BUDGET WORKSHOP JUNE 10, 1998 FAYETTEVILLE CITY COUNCIL CONTINUATION OF JUNE 8, 1998 BUDGET WORKSHOP CITY HALL LAFAYETTE ROOM JUNE 10, 1998 6:00 P.M. Present: Mayor J. L. Dawkins (arrived at 6:38 p.m.) Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Robert A. Massey, Jr. (District 3) (arrived at 6:30 p.m.); Darrell J. Haire (District 4); Suzan K. Cheek (District 5) (arrived at 6:50 p.m.); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Paul A. Williams (District 2) (absent) Others Present: Roger L. Stancil, City Manager John B. (Ben) Brown, Jr., Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Lisa Smith, Interim Finance Director Other Members of the Finance Department Jason Brady, Public Information Officer Members of the Press Mayor Pro Tem McBryde called the meeting to order at 6:20 p.m. Mayor Pro Tem McBryde asked if there were any questions on the budget overview. Councilmember Smith asked about the increase in the Central Business District tax, and City Manager Roger Stancil responded that he was recommending an increase of 3½ cents on the tax rate in the district. Councilmember Smith also asked about the reduction in the Mayor and Council expenditures in the General Fund on page 21, and Mr. Stancil responded that this was due to a decrease in contract services. Council next proceeded to a discussion of the department-by-department budgets, beginning on page 45, as follows: Mayor and Council - page 45 - Councilmember Kizer asked about the increase reflected and Mr. Stancil responded this was due to the three new councilmembers and pay plan adjustments. Administrative Services - page 55 - Councilmember Kendrick asked about the status of the purchasing card program, and Mr. Stancil responded that it was working very good. Mr. Stancil also responded that the staff was working on a joint purchasing program with the County, as well as the sale of surplus property with the County. Fire/Emergency Management - page 64 - Mr. Stancil commented that this budget reflected the elimination of the Bonnie Doone contract and the increase because of the hiring of the Bonnie Doone employees. Police Department - page 69 - Mr. Stancil indicated there was no reduction in staff as a result of the move to the new Police Station, but one month's rent ($147,000) for the Law Enforcement Center is still in the budget. Parking Fund - page 76 - Councilmember Milligan asked about the level of code enforcement in terms of what it produces in revenue. Mr. Stancil responded with an explanation of the code enforcement, and that hopefully with the hiring of a new Assistant City Attorney that the program would step back up. Planning and Development - page 84 - Councilmember Worthy questioned the status of the Cliffdale noise barrier, and Mr. Stancil responded it was still in the design stage, and Assistant City Manager Jimmy Teal responded the City was finalizing an agreement with NCDOT. Mr. Stancil also responded there was $1.6 million in the budget for resurfacing during the next fiscal year. Recreation and Community Facilities - page 86 - The budget would be reduced by $127,000 for the All American Expressway initiative explained on June 8, 1998, at the beginning of the budget workshop. Councilmember Cheek was concerned about the need for park land in the annexed areas, and Mr. Stancil responded that there was currently coming forward from the Planning Commission a park land acquisition program. Councilmember Worthy requested that councilmembers be made aware of proposed sites as soon as they were identified. Councilmember Cheek requested that neighborhood associations be notified about any future meetings where the park land acquisition program will be discussed. Councilmember Fogleman asked what, if any, burden was placed on developers to set aside green space, and the response was that except for planned neighborhood developmets, there is none. All councilmembers expressed the need to get the message out about the $6 million spent by the City in recent years on recreation improvements throughout the City to include school sites. Solid Waste - page 88 - Several councilmembers commented about the need for more public relations in this area, and to improve pickup times. Councilmember Massey responded that citizens have too great expectations for this area. Councilmember Cheek suggested that the money for the leaf seasons be left in the budget, but that public hearings be held before the leaf season starts. Mr. Stancil then gave an update on the status of the County/BCH project. Councilmember Fogleman expressed a need to do something about recycling. Mr. Stancil pointed out the dramatic cuts in personnel that had been made in this department in recent years. Fleet Maintenance Fund - page 94 - Mr. Stancil reported that the City had recently entered into an agreement with PWC to share PWC's truck washing facility. After reviewing the budget document, there was a general discussion about the proposed pay plan. Upon a straw vote, Councilmembers Smith, Milligan, Kendrick, McBryde, Fogleman, Kizer, Talbot and Haire were in favor of the City Manager's proposed pay plan. Councilmember Cheek responded that she wanted to keep the tax increase to 2 cents if at all possible and to possibly look in the fund balance to assist in this. Councilmember Kendrick responded that the City did not need to get in the position like the County in terms of its fund balance. Councilmember Milligan responded that if all the items concerning solid waste as suggested by Mr. Stancil on Monday were approved, this would cut the proposed tax increase 1½ cents. Councilmember Kendrick, who was absent on Monday, voted no on the white goods bulk pickup and was in favor of containerization. Thereafter, it was agreed to hear from the outside agencies on June 15, 1998, before making any decisions about funding of these agencies. Councilmember McBryde made a motion, seconded by Councilmember Kizer, to continue this meeting until the end of the June 15, 1998, regular meeting. The motion carried upon a unanimous vote. REGULAR MEETING JUNE 15, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JUNE 15, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8) Absent: J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Frank Simpson, Inspections Director Victor Sharpe, Planning Division Manager Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Donnie Anderson, Pastor of the C & Adams Street Church of God, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Smith from the meeting and to excuse Councilmember Kendrick until he arrived. SECOND: Councilmember Kizer VOTE: Unanimous (Councilmembers Smith and Kendrick excused) City Attorney Robert Cogswell stated that the employee on Item 16 was Judith Kelley. MOTION: Mayor Pro Tem McBryde moved to approve the agenda. SECOND: Councilmember Worthy VOTE: Unanimous (Councilmembers Smith and Kendrick excused) 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Cheek requested to pull Item 2.A. MOTION: Councilmember Cheek moved to approve the consent agenda with the exception of Item 2.A. SECOND: Mayor Pro Tem McBryde VOTE: Unanimous (Councilmembers Smith and Kendrick excused) The following items were unanimously approved: A. Pulled for discussion by Councilmember Cheek. B. Approve minutes of information meeting of May 26, 1998. C. Approve tax refunds in excess of $100. Name Year Basis Amount Cumberland Associates 1996 & Value Adjustment 96PTC304 $14,850.00 1997 Caracillo, Dominic Joseph 1993- Military Non-Resident 220.81 1997 Borst, Edward Douglas, Jr. 1993- Military Non-Resident 209.70 1997 Stanco, Frank James 1995 Military Non-Resident 129.03 Total $15,409.54 D. Approve referral to Transportation Committee the review of possible installation of sidewalk along Ireland Drive. E. Approve Municipal Agreement with N.C. DOT for relocation of utilities as part of Airport Road project. F. Approve renewal of lease agreement with County of Cumberland for DSS Parking Lot - Maiden Lane. G. Approve setting Special City Council Meeting for June 24, 1998. (Town Hall Day) H. Adopt a resolution authorizing the City of Fayetteville to enter into an agreement with N.C. DOT for an Automated Vehicle Locator System. RESOLUTION AUTHORIZING THE CITY OF FAYETTEVILLE TO ENTER INTO AN AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION. RESOLUTION NO. R1998-061. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. I. Approve award of contracts for purchase of various water and wastewater chemicals. (PWC) Approval of the following recommended bid awards for Water and Wastewater Chemicals. Bids were received as follows: Caustic Soda Prillaman Chemical (Suffolk, VA) $155,625.00 Jones Chemical (Charlotte, NC) $164,750.00 Southchem (Durham, NC) $181,000.00 Worth Chemical (Greensboro, NC) $198,500.00 Holtrachem (Natick, MA) $215,625.00 Liquid Chlorine Prillaman Chemical (Suffolk, VA) $44,640.00 Jones Chemical (Charlotte, NC) $51,040.00 Liquid Aluminum Sulfate Koch Sulfur Products (Wilmington, NC) $203,125.00 General Chemical (Parsippany, NJ) $231,709.00 Prillaman (Suffolk, VA) $258,050.00 GEO Specialty (Little Rock, AK) $442,487.50 Fluorosilicic Acid LCI, Ltd. (Jacksonville Beach, FL) $26,268.75 Kaiser (Mulberry, FL) $26,325.00 Prillaman (Suffolk, VA) $27,315.00 Chemtech (St. Louis, MO) $32,130.00 Southchem (Durham, NC) $99,866.25 Powdered Activated Carbon Prillaman Chemical (Suffolk, VA) $32,176.00 Nichem (Fairfield, NJ) $32,600.00 Southchem (Durham, NC) $44,880.00 Hydrated Lime Bulk APG Industries (Charlotte, NC) $50,274.00 Chemstone (Strasburg, VA) $50,550.00 Greer Industries (Morganton, WV) $56,640.00 Prillaman (Suffolk, VA) $58,560.00 Corrosion Inhibitor Carus Corporation (Peru, IL) $ 76,140.00 Water Guard (Wilson, NC) $ 95,364.00 Prillaman (Suffolk, VA) $104,400.00 Liquid Ferrous Sulfate Alchem (Red Springs, NC) $23,950.00 U.S. Filter (Tallavest, FL) $24,500.00 Prillaman (Suffolk, VA) $40,500.00 J. Approve amendment to Water and Sanitary Sewer Connection Agreement for Cypress Lakes/Galberry Farms Area. (PWC) A. Approve minutes of regular meeting of May 18, 1998. Councilmember Cheek requested a detailed report of the status of Item 6.C.1, Administrative Reports/Status Reports on Annexation Construction Projects, be prepared before the approval of the minutes. The minutes were sent back for the report to be inserted. MOTION: Councilmember Cheek moved to pull for approval at a later date. SECOND: Councilmember Worthy VOTE: Unanimous (Councilmembers Smith and Kendrick excused) Councilmember Kendrick arrived at the meeting at 7:11 p.m. 3. PUBLIC HEARINGS: A. Consideration of Fiscal Year 1998-99 Annual Budget. This is the advertised public hearing set for this date and time. The following persons appeared in support of the City budget with requests for funding for the Fiscal Year 98-99: Ms. Sylvia Ray, 230 Hay Street, Fayetteville, NC, representing the Fayetteville Women's Center of Fayetteville; Ms. Libby Seymour, 301 Hay Street, Fayetteville, NC, representing the Arts Council; Ms. Elizabeth Gnann, 310 Green Street, Fayetteville, NC, representing the Fayetteville Area Sentencing Center; Ms. Mandy Pittman, 301 Hay Street, Fayetteville, NC, representing the Fayetteville Dogwood Festival; Ms. Jeneal Harris, 307 Fairfield Road, Fayetteville, NC, representing the Woman's Club of Fayetteville; Brigadier General (Retired) Joseph Nagel, 103 Stokes Court, Fayetteville, NC, representing Senior Call to Action Team; Mr. Keith Allison, P.O. Box 1865, Fayetteville, NC, representing Fayetteville Area Economic Development Corporation; Dr. William T. Brown, 2717 Fort Bragg Road, Fayetteville, NC, representing Big Brothers, Big Sisters; Ms. Jewell Mikula, Executive Director, 1327 Morganton Road, Fayetteville, NC, representing Rape Crisis Volunteers of Cumberland County; Mr. Francis Wright, 300 Orange Street, Fayetteville, NC, representing the Orange Street School; Mr. Tom Lloyd, 245 Alexander Street, Fayetteville, NC, representing the Salvation Army Shelter; Ms. Dorothy Godwin, 308 Green Street, Fayetteville, NC, representing Involve, Inc.; Ms. Janie C. Chavis, 308 Green Street, Fayetteville, NC, representing Teen Involvements, Inc.; Ms. Queen E. Degraphenreid, 1901-4 Tryon Drive, representing the Volunteer Families for Children; and Ms. Robin Legg, 1312 Goodview Avenue, Fayetteville, NC, representing Fayetteville Partnership. Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, requested the Council consider using the property adjacent to the Blue Street Senior Citizens Center for the construction of a gymnasium, a gameroom and parking. Mr. John Malzone, 112 Hinsdale Avenue, Fayetteville, NC, expressed his support for the funding of non-profit organizations. Mr. Malzone stated the volunteers made the City great. He asked that consideration be given to a central database within the City. Mr. Carter Broadhurst, 450 Grayton Place, Fayetteville, NC, stated he was an employee with the City of Fayetteville Police Department. Mr. Broadhurst requested the Council support the pay increase of from 5 to 10 percent which would enable employees who have been with the City for a long time to be on an equal level of pay with newly recruited employees. There was no one further to speak in favor. Mr. Frank Kelly, 309 Hinsdale Avenue, Fayetteville, NC, expressed his opposition to having Fayetteville Partnership, Fayetteville Area Economic Development Corporation, and Metro Vision doing the same thing. He also expressed his opposition to the T-hangars at the airport. Mr. Kelly stated that if a government's action did not improve the quality of life for all its citizens, it did not belong in the budget. Mr. Tinsley W. Rucker, M.D., 2432 Torcross Drive, Fayetteville, NC, stated the City needed to be more efficient. He offered the following recommendations to save dollars: (1) Learn from the citizens how they operate their own budgets; (2) Ask small businessmen within the City to look at our budget and see where the dollars can be saved; (3) Coordinate with the County and eliminate duplicate services; and (4) Use a means test on new spending by asking is the project more important than the education of a child or is it more important to bring the salary of a police officer up to state average? Mr. Jack Tuohey, 6428 Greengate Hill Road, Fayetteville, NC, suggested selling the City's property for funding of the budget. Mr. Robert Anderson and Ms. Mary Jo Anderson, 511 Argyll Road, Fayetteville, NC, stated the American dream of home ownership would never be reached if taxes were increased because it would eliminate people from qualifying for home ownership. Mr. Anderson requested that the Council review the budget very carefully. Mr. Frank Brownell, 311 Richmond Drive, Fayetteville, NC, stated he was going to be annexed July 1, 1998, and he could not afford to pay taxes that were going to double. Mr. Brownell asked that the dollars be used properly. Mr. Jeff Long, 4805 Eagle Court, Fayetteville, NC, suggested that the City zero out the Arts Council and that the City's contribution be to pay their utility bill for one year. Mr. Long suggested that the Arts Council seek corporate sponsorships and additional grants. He also asked the Council to look at the Teen Program with special attention being given to Contact's source line. Mr. Eric Nobles, 2900 Dark Branch Road, Fayetteville, NC, stated that the City of Fayetteville needed new citizens and the only way this would happen was to offer a good quality of life at a reasonable cost. Mr. Nobles asked that taxes not be raised and the City's budget be scrutinized very carefully. Mr. Albert Bahoric, 6111 Yadkin Road, Fayetteville, NC, stated that he had been a small business owner for 28 years and he proposed the City run itself like a business by donating only to the best charities and cutting all waste which was currently in the budget. Mr. James P. Burgio, 314 Reid Court, Fayetteville, NC, recommended reorganizing by cutting unnecessary positions, consolidating City and County functions, eliminating the T-hangars at the airport, consolidating the downtown development groups, cutting out the fat and not the services to the citizens. Mr. Burgio also requested that the leaf pickup be left in the budget. Mr. Rick Palmer, 706 Moriston Road, Fayetteville, NC, stated he had been annexed into the City two years ago and to date had received no benefits except increased taxes. Mr. Palmer stated he disagreed with Mr. Malzone and the non-profits were not what made Fayetteville great. It was the businesses that made it great. He also inquired about where the City was going to get the half a million dollars reported in the newspaper for the cost of maintaining the U.S. Airborne Museum. Mr. Frank Lund, 5124 Lake Valley Drive, Fayetteville, NC, requested that the leaf program be left intact. Mr. Lund stated it was the most visible City program and gave the highest benefits to all of the citizens. Ms. Gladys Preston, 624 Carroll Avenue, Fayetteville, NC, requested that the leaf collection be left as was and that the citizen's tax dollars not be used for charity organizations. Mr. Rick Leslie, 4712 Beaufort Drive, Fayetteville, NC, stated the City needed to look at wasted dollars. Mr. Leslie expressed his opposition to the employee raise and suggested a 2.5 percent raise across the board for every employee. There being no one further to speak either in favor or opposition, the public hearing closed at 8:26 p.m. B. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville (Petition-initiated contiguous area)(Property of Biltwell, Inc. - located adjacent to Section 7C of Country Club North, at the end of Larkspur Drive, south of Spy Glass Drive). City Manager Roger Stancil presented this item. Mr. Stancil recommended the approval of the annexation request to be effective June 15, 1998. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 8:37 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. PROPERTY OF BILTWELL, INC. (LOCATED ADJACENT TO SECTION 7C OF COUNTRY CLUB NORTH, AT THE END OF LARKSPUR DRIVE, SOUTH OF SPY GLASS DRIVE) ANNEXATION ORDINANCE NO. 98-06-432. MOTION: Mayor Pro Tem McBryde moved to approve and adopt the ordinance effective June 15, 1998. SECOND: Councilmember Worthy VOTE: Unanimous (Councilmember Smith excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1998. C. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville (Petition-initiated contiguous area)(Longview Green Apartments - located on the northern side of Longview Drive, approximately 370 feet east of Ramsey Street - property of Longview Green Associates Limited Partnership; Murray O. Duggins, General Partner.) City Manager Roger Stancil presented this item. Mr. Stancil recommended approval to be effective June 15, 1998. This is the advertised public hearing set for this date and time. The public hearing opened at 8:40 p.m. Mr. Murray O. Duggins, 3800 Raeford Road, Fayetteville, NC, appeared in favor of the annexation. There was no one further to speak either in favor or opposition. The public hearing closed at 8:41 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. LONGVIEW GREEN APARTMENTS (LOCATED ON THE NORTHERN SIDE OF LONGVIEW DRIVE, APPROXIMATELY 370 FEET EAST OF RAMSEY STREET)(PROPERTY OF LONGVIEW GREEN ASSOCIATE LIMITED PARTNERSHIP; MURRAY O. DUGGINS, GENERAL PARTNER) ANNEXATION ORDINANCE NO. 98-06-433. MOTION: Councilmember Worthy moved to follow staff's recommendations and approve annexation effective tonight. SECOND: Councilmember Kizer VOTE: Unanimous (Councilmember Smith excused) A copy of the foregoing annexation ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1998. D. Consideration of designation of property known as Sedberry-MacKethan Building located at 102-104 Person Street, Fayetteville, NC, as an Historic Landmark, pursuant to Fayetteville Code of Ordinances, Section 2.27. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the purpose of this ordinance was to designate the Sedberry-MacKethan Building at 102-104 Person Street as a historic landmark. Mr. Sharpe stated that all state requirements had been completed. Councilmember Talbot inquired about owner notification. Mr. Sharpe explained the procedure, which included notification of each owner. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 8:49 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING THE SEDBERRY-MACKETHAN BUILDING, FAYETTEVILLE, NORTH CAROLINA, AS A HISTORIC LANDMARK. ORDINANCE NO. NS1998-023. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Cheek City Attorney Robert Cogswell informed the Council that when a property is designated as a historic landmark, the property taxes are reduced by one-half of the value for assessment. Councilmember Williams expressed his opposition to the tax reduction and stated he felt something significant should have happened at a location for it to be designated as historic. A discussion was held. VOTE: 8 in favor to 3 in opposition (Councilmember Williams, Massey and Haire in opposition) (Councilmember Smith excused) City Attorney Cogswell stated the ordinance was passed. Councilmember Cheek stated the reasoning behind the tax reduction was it helped with the increased cost to maintain this type of historical building. She asked the staff to gather more information on this process for persons with questions. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. E. Consideration of designation of property known as the Pemberton building located at 242 Hay Street, Fayetteville, NC, as an Historic Landmark, pursuant to Fayetteville Code of Ordinances, Section 2.27. Mr. Sharpe presented this item and recommended approval of the historic designation. This is the advertised public hearing set for this date and time. No one was present to speak either in favor or opposition. The public hearing opened and closed at 8:55 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING THE PEMBERTON BUILDING, FAYETTEVILLE, NORTH CAROLINA, AS A HISTORIC LANDMARK. ORDINANCE NO. NS1998-024. MOTION: Councilmember Kizer moved to approve. SECOND: Councilmember Fogleman VOTE: 9 in favor to 2 in opposition (Councilmembers Williams and Haire opposed) (Councilmember Smith excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. 4. P98-19F. Consideration of revisions and amendments to Chapter 32, Zoning, Article III, General Provisions, Section 32-5, Definitions, by adding Section 32-5, (9.1) Family Care and Group Homes, and (10.01) Handicapped Person and by adding to Article IV District Use Regulations, Section 32-22, R-15 Residential District, Family Care and Group Homes, as a permitted use and requiring 2,000 feet distance separation from an existing Family Care or Group Home. (Second Reading) Mayor Dawkins announced this was a second reading and no discussion would be held. MOTION: Councilmember Talbot moved to approve the ordinance revision for a distance requirement of 2,000 feet. SECOND: None The motion died. Councilmember Haire inquired as to the requirements of the state statutes. Mr. Victor Sharpe stated the statute allowed up to half of a mile (2,640 feet) separation requirement. MOTION: Councilmember Haire moved to set the distance at 1,500 feet. City Attorney Robert Cogswell stated this item was off the table for lack of a motion and nothing could be done tonight. MOTION: Councilmember Haire moved to refer to staff with a starting point of 1,500 feet for distance. SECOND: Councilmember Worthy City Attorney Robert Cogswell stated that a public hearing would have to be held on whatever footage had been advertised and that amount of footage would have to be dealt with and no more or less footage could be considered. Mayor Pro Tem McBryde inquired as to whether the public hearing could be held without it going to staff. Mr. Cogswell stated it was his opinion it was an important issue and for the assurance of legality, it would need to go back to the Planning Commission. Mr. Cogswell suggested that the public hearing be set for a distance from 0 to 2,640 feet. This would allow discussion of different lengths. MOTION: Councilmember Haire moved to refer to staff and have them look at it from 0 to 1,500 feet. SECOND: Councilmember Worthy Councilmember Massey offered a friendly amendment to have the staff look at it from 0 feet to 2,640 feet. Councilmember Haire did not accept the friendly amendment. Councilmember Worthy stated he felt the providers were giving a service to the community and the people in these homes deserved a chance at life. Mr. Worthy stated he could not place discriminatory, biased, segregated requirements on where these people lived. VOTE: FAILED by a vote of 7 in opposition (Councilmembers Kendrick, McBryde, Cheek, Talbot, Fogleman, Kizer, and Milligan) to 4 in favor (Councilmembers Williams, Worthy, Massey and Haire) (Councilmember Smith excused) MOTION: Mayor Pro Tem McBryde moved to send the item back to the Planning Commission to set the distance of 2,640 feet. SECOND: Councilmember Milligan Councilmember Massey offered a friendly amendment to have the staff look at it from 0 to 2,640 feet. Mayor Pro Tem McBryde did not accept the amendment. VOTE: 7 in favor (Councilmembers Kendrick, McBryde, Cheek, Talbot, Fogleman, Kizer, and Milligan) to 4 in opposition (Councilmembers Williams, Worthy, Massey and Haire opposed) (Councilmember Smith excused) Councilmember Massey stated he felt the issue of placing these homes in a neighborhood should be addressed. Mayor Pro Tem McBryde stated the homes were not just for the disabled and some of the residents did have criminal records and these homes were for lots of different types of people. Councilmember Worthy asked the staff to contact all providers of these homes for the public hearing. Councilmember Williams asked the staff for descriptions of the type of group homes to include criminal records and percentages that go with it. Councilmember Massey supported Mr. Williams' request. 5. P98-22F. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article XIII, Special Historic District Provisions. (Second Reading) MOTION: Councilmember Cheek moved to table this item. SECOND: Councilmember Kizer Mr. Cogswell stated the motion would make the issue non-debatable and the motion to lay the item on the table put the ordinance on the table. Mr. Cogswell stated the Council would have to set a date when it would come back. He further stated no changes could be made and when it came back it would have to be dealt with as it was now written. The ordinance would have to be voted upon with no amendments being made to it. MOTION: Councilmember Talbot moved to make a friendly amendment to disapprove it. Councilmember Cheek did not accept the friendly amendment. VOTE: 9 in favor to 2 in opposition (Councilmembers Talbot and Milligan opposed)(Councilmember Smith excused) Councilmember Cheek stated she asked for the tabling to be able to refer it to the staff for more work. MOTION: Councilmember Cheek moved to refer the ordinance to staff, the various departments and commissions to check on the coordination language that is there and also to review the times that are involved for the people who are applying for these things. SECOND: Mayor Pro Tem McBryde Councilmember Milligan stated she felt the Historic Resources Commission should be informed about the Council's concerns for future guidance. VOTE: UNANIMOUS (Councilmember Smith excused) 6. P98-27F. The rezoning from R5 Residential District to C2P Central Business District or to a more restrictive zoning classification for an area located at 502 Adam Street and adjoining properties of the Church of God of "C" and Adam Streets. Containing 2.84 acres more or less and being the property of the Trustees of the Church of God of "C" and Adam Streets as evidenced by deed recorded in Deed Book 2530, Page 753; 2501, Page 300; 2180, Page 508; 2256, Page 27; 2186, Page 303; 2296, Page 559; 2019, Page 593; 2019, Page 575; 2367, Page 494; 469 Page 81; Page 3224, Page 848 Cumberland County Registry. MOTION: Mayor Pro Tem McBryde moved to follow recommendations of the Zoning Commission to approve to C2P Central Business District with exception to the property north of Adams Street. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Smith excused) 7. P98-24F. The rezoning from R6 Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located at 6150 Ramsey Street. Containing 1.35 acres more or less and being the property of Young and Morie M. Howard as evidenced by deed recorded in Deed Book 2509, Page 14, Cumberland County Registry. Ms. Kathy Kem of the Planning Division Staff presented this item. Ms. Kem stated the Zoning Commission recommended denial of C1P and approval of P2 Professional District. Ms. Kem stated the rezoning could be done tonight or a public hearing could be set. MOTION: Councilmember Milligan moved to set public hearing for July 20, 1998. SECOND: Councilmember Haire VOTE: 10 in favor to 1 in opposition (Councilmember Talbot in opposition)(Councilmember Smith excused) 8. P98-28F. The rezoning from R5A Residential District and C1P Shopping Center District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 2043 Skibo Road and adjoining property to the north. Containing 18.48 acres more or less and being the property of Bessie J. Manuel; and Edwin Clark and Bessie J. Manuel as evidenced by deeds recorded in Deed Book 2894, Page 821; and 422, Page 21, respectively, Cumberland County Registry. Ms. Kathy Kem presented this item. Ms. Kem stated the recommendation was to zone C1P with a 40-foot buffer along the rear of the property. MOTION: Councilmember Kendrick moved to zone to C1P with a 40-foot buffer along the rear of the property. SECOND: Councilmember Cheek A discussion was held regarding the zoning classification and the buffering requirements. Councilmember Talbot called the question. VOTE: UNANIMOUS (Councilmember Smith excused) 9. Consideration of the following financial matters: A. Consideration of adoption of a resolution pursuant to NCGS §160A-20 authorizing the City Manager, Interim Finance Director and City Clerk to execute an installment financing contract with Craigie Incorporated vehicles and equipment. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT. RESOLUTION NO. R1998-062. B. Consideration of adoption of a resolution pursuant to NCGS §160A-20 of the City Council of the City of Fayetteville, approving an installment financing contract and a deed of trust and other related matters for the Cliffdale Recreation Center. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND A DEED OF TRUST WITH RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS. RESOLUTION NO. R1998-063. C. Consideration of adoption of a resolution pursuant to NCGS §160A-20 of the City Council of the City of Fayetteville, approving an installment financing contract and a deed of trust and other related matters for the Myers Recreation Center, School Road Fire Station and Douglas Byrd ballfield improvements. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND A DEED OF TRUST WITH RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS. RESOLUTION NO. R1998-064. MOTION: Mayor Pro Tem McBryde moved to adopt all three resolutions. SECOND: Councilmember Worthy Mr. Stancil stated the financing was at a 4.23 percent interest rate for vehicles and replacement equipment and at a 4.55 percent interest rate for the fire stations and recreation centers. Mr. Stancil pointed out that the T-hangars were not included in any of the resolutions because the Local Government Commission changed the terms and conditions that were available on the T-hangars project. He stated he wanted to re-evaluate the project based on the new conditions, and the project was now being required to be a taxable financing. Mr. Stancil stated First Union Bank had offered to finance it at an increased interest rate but for a shorter term, and he would come back in July with an update and recommendation. Councilmember Cheek inquired about whether the design of the fire station on School Road would affect the cost or would there be enough money to do it with brick. Mr. Stancil stated that if they did as asked they would have to stay within the budget amount approved, or other funds would have to be found for the difference. Mr. Stancil stated the financing needed to proceed and if the building came back for more in July, the funds would have to be found to finance it. Councilmember Talbot requested that the T-hangar project change be explained when the issue came back. VOTE: UNANIMOUS (Councilmember Smith excused) Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1998. 10. Consideration of acceptance of Deed of Dedication and Deed of Easement for the following private streets in Treehaven development for City maintenance: 1. Krista Drive - from McPherson Church Road to Dead End 2. Bateman Court - from Krista Drive to Dead End MOTION: Councilmember Kendrick moved to approve acceptance of the private streets of Krista Drive and Bateman Court for City maintenance. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Smith excused) 11. Consideration of approval of residential refuse collection contracts to ARS-Waste Management for collection in Annexation Area 3A. City Manager Roger Stancil explained that when an area is annexed and a company is collecting garbage in that area according to the requirements of the North Carolina General Statutes, the City is obligated to either contract with them or pay them for the loss of their customers. The choice of what to do is up to the City. A contract has been offered to ARS to provide service to 315 customers in the New Ponderosa area at a rate of $10.31 per month. The contract will be for a period of two years effective July 1, 1998. Each customer will be provided with a City refuse cart. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Smith excused) 12. Consideration of approval of amendment to residential refuse collection contract to Cumberland Trash for Phase 2 Annexation Area and Annexation Area 3A. City Manager Roger Stancil stated the contract with Cumberland County Garbage and Trash Service was to provide service to 2,279 customers in the Old Ponderosa/Cottonade area, Summerhill area, Bonnie Doone area, and Jack's Ford area at a rate of $9.15 per month. Additionally, he recommended an extension of the existing contract to provide service to 1,254 customers in the annexation area 300 (annexed 1996 to include Raeford Road area, Montclair, Chestnut Hills, and Oakdale areas) at the same $9.15 rate. The amendment would be for a period of two years, effective July 1, 1998. Each customer in the area to be annexed June 30, 1998, would be provided with a City refuse cart. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Smith excused) 13. Consideration of adoption of resolution requesting CSX Transportation to install rubberized crossing material at various locations within the City. CITY OF FAYETTEVILLE, NORTH CAROLINA, RESOLUTION REQUESTING ASSISTANCE FROM CSX TRANSPORTATION ON THE INSTALLATION OF RUBBERIZED CROSSING MATERIAL. RESOLUTION NO. R1998-065. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Worthy Councilmember Fogleman inquired as to the number of crossings involved. Mr. Teal stated there were six to ten crossings with priority being given to Hay Street/Amtrak station area, Country Club Drive and Shaw Mill Road. VOTE: UNANIMOUS (Councilmember Smith excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 14. Consideration of parking plan for portions of McNeill Circle, Marshall Road, and McNutt Road. MOTION: Councilmember Cheek moved to postpone the parking plan for permits until October with the exception of doing no parking on McNutt Street. SECOND: Mayor Pro Tem McBryde Councilmember Cheek stated that the neighborhood would like to wait and see what happens when the new parking lots open up in the fall at Fayetteville Technical Community College before anything is done about the parking. Ms. Cheek stated McNutt Street was a very narrow street that could not accommodate parking and she felt the No Parking signs were appropriate at this time. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. TRAFFIC SCHEDULE NUMBER 11 - PARKING PROHIBITED. MCNUTT ROAD. ORDINANCE NO. NS1998-025. VOTE: UNANIMOUS (Councilmember Smith excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. 15. Report from Policy Committee: A. Consideration of allowing City commission and board members the use of one room in a recreation center for eight hours rent-free every two years. Mayor Pro Tem McBryde stated the Committee did not make any recommendations or changes. Councilmember Haire expressed his opposition to this decision. B. Consideration of extension of the term limit for the travel agent representative on the Airport Commission Mayor Pro Tem McBryde stated the Committee approved and recommended amending the policy to reflect that one member of the Airport Commission would be a full-voting, travel agent who was eligible for reappointment. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 4-22(a), AIRPORT COMMISSION MEMBERSHIP, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1998-005. MOTION: Mayor Pro Tem McBryde moved to adopt the ordinance to make the amendments to the Airport Commission. SECOND: Councilmember Kendrick A discussion for clarification of the changes being recommended was held. Mayor Pro Tem McBryde explained the change. VOTE: UNANIMOUS (Councilmember Smith excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1998. Mayor Dawkins reminded the Council that at the next meeting, nominations would be made to the boards and commissions. He asked the Councilmembers to verify that their nominees lived within the City limits. He asked that this be done prior to making the nominations at the meeting. Councilmember Cheek asked if nominations could be made of persons who reside in the area being annexed on July 1, 1998. Mr. Cogswell stated that if the terms began on July 1, 1998, a person could be nominated. 16. Consideration of request for legal representation. City Attorney Robert Cogswell stated the name of the case was Dennis Michael Atkinson, individually and doing business as Atkinson Motor Company, vs Judith Ann Kelley and the City of Fayetteville, NC. Case No. 98 CVS 3424. Mr. Cogswell stated Ms. Kelley was acting within the scope and course of her employment at the time and he recommended authorizing the City Attorney's office to represent her. MOTION: Councilmember Fogleman moved to follow City Attorney Robert Cogswell's recommendation. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Smith excused) 17. ADMINISTRATIVE REPORTS A. Report on request by City of Fayetteville for upcoming Transportation Improvement Program (TIP) projects. City Manager Roger Stancil asked the Council to review the list for the purpose of making their wishes known. He recommended referring this to the Transportation Committee. MOTION: Councilmember Kizer moved to refer to the Transportation Committee. SECOND: Councilmember Cheek VOTE: UNANIMOUS (Councilmember Smith excused) B. Report on demolitions by neglect. City Attorney Robert Cogswell stated the demolition by neglect would apply to any property or structure within the historic district. INFORMATION ON PUBLIC HEARINGS SET: JULY 6, 1998: P98-33F. Consideration of an application by Autry Butler for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24 to allow a Nursing Home in an R6 Residential District for an area located at 517 and 523 Country Club Drive. Containing 6.1 acres more or less and being the property of the Estate of Edith B. Chance; and Cumberland Care, Inc.; as evidenced by deeds recorded in Deed Book 505, Page 157; 542, Page 107; 2618, Page 609; 2836, Page 139; Respectively, Cumberland County Registry. P98-37F. Consideration of revisions and amendments to Chapter 32, Zoning, Article IV, Section 32-22 (17.1) Towers, creating a Tower Overlay District for the location of communication towers to allow clusters of towers in inconspicuous areas; requirement that no tower outside a tower overlay district be constructed within 1,500 feet to any other tower or tower overlay district; requirement that towers outside any tower overlay district be camouflaged; requirement that photo imagery to superimpose the facility onto the existing site plan be submitted with application; all towers must be monopole in construction and have a minimum height of 150 feet; requirement that an overall plan for proposed towers and coverages be submitted with applications and updated annually; requirement of co-location on existing towers within the overlay district. P98-38F. Consideration of revisions and amendments to Chapter 32, Zoning, Article IV, Section 32.22 (5) Cemeteries, to allow cemeteries with a Special Use Permit to be issued by City Council upon recommendation of the zoning agency after a public hearing. INFORMATION ITEMS: 1. Letter of appreciation to employees of Parks and Recreation Department from Councilmember Betty Milligan for assistance in planting movable pots. 2. Statement of taxes collected for the month of May 1998, from the Cumberland County Tax Collector. 1997 Taxes $90,996.26 1997 Vehicle Taxes 191,941.66 1997 Revit 24.23 1997 Vehicle Revit 160.01 1997 FVT 25,231.63 1997 Storm Water 10,800.04 1996 Taxes 14,437.42 1996 Vehicle Taxes 3,153.09 1996 Revit 16.95 1996 Vehicle Revit 0.00 1996 FVT 480.00 1996 Storm Water 2,294.52 1996 Discount 0.00 1995 Taxes 5,945.99 1995 Vehicle Taxes 254.69 1995 Revit 12.47 1995 Vehicle Revit 0.00 1995 FVT 52.74 1995 Storm Water 273.93 1994 Taxes 2,397.44 1994 Vehicle Taxes 36.59 1994 Revit 59.04 1994 Vehicle Revit 0.00 1994 FVT 19.56 1993 And Prior Taxes 1,452.98 1993 Vehicle Taxes 129.86 1993 And Prior Revit 0.00 1993 & Prior Vehicle Revit 0.00 1993 & Prior FVT 27.59 Interest 12,159.44 Interest (Revit) 12.53 Interest (Storm Water) 851.66 Fayetteville Discount (18.32) Revit. Discount (0.00) Total Collections $363,204.00 3. Report on tax refunds less than $100. Name Year Basis Amount Hair, Stacy & Haggens, 1997 Board of E&R Valuation $69.65 James Correction Jackson, Carl E. 1997 System Error 21.78 Matsumoto, Thomas P. 1996 Military Non-Resident 16.58 Sutherland, James A. 1996 & Double Listed 16.78 1997 Sikkink, Scott D & Jamile 1994 & Military Non-Resident 36.33 1995 Hubbard, Amanda Celeste 1996 Double Listed 32.08 Feiereisen, Tawnya S. 1997 Military Non-Resident 22.42 Total $215.62 4. Report on Traffic Operations at Village Drive and Ireland Drive. 5. Report on Progression Analysis of Signal Timing on Major Arterials. 6. Report on Traffic Operations at Morganton Road and Churchill Drive. (Requested by Councilmember Mark Kendrick) 7. Copy of letter regarding construction details for Phase 3-A Annexation Area. 8. Information on Citizens Information Workshop for widening SR 1344 (Black and Decker Road) from SR 1141 (Cumberland Road) to I-95 Business/US 301, Fayetteville, Cumberland County, Federal-Aid Project Number STP-1344 (2), State Project Number 8.2443001, TIP Project U-3312. 9. Parks and Recreation Advisory Commission - minutes of May 26, 1998. 10. Police Department - Monthly report for the Office of Professional Standards for the month of May 1998. 11. PWC - minutes of May 13 and May 27, 1998. 12. FACVB - minutes of May 21, 1998. 13. Planning Services Division Monthly Report-April, 1998. (Inserted in packet) MOTION: Councilmember Williams moved to adjourn the meeting. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmember Smith excused) The regular meeting adjourned at 10:24 p.m. The June 10, 1998 Continued Budget Meeting was opened at 10:24 p.m. MOTION: Mayor Pro Tem McBryde moved to set the next budget session for June 22, 1998, at 5 p.m. in the Lafayette Room of City Hall. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Smith excused) The meeting was adjourned at 10:30 p.m. INFORMATION MEETING JUNE 22, 1998 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER JUNE 22, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Lisa Smith, Interim Finance Director Steve Blanchard, PWC Manager's Office Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Cheek, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to add Item 14, consideration of a commercial solid waste contract. City Attorney Robert Cogswell stated that Item 13, a closed session, was to discuss Metro Air Center Limited vs. The City of Fayetteville. MOTION: Councilmember Kendrick moved to approve the agenda with the addition of Item 14. SECOND: Councilmember Worthy VOTE: UNANIMOUS 2. Consideration of proposal for municipal golf course. City Manager Roger Stancil presented this item. Mr. Stancil stated this property had been donated to the City with the intent of possibly using the land for a golf course. He stated that a proposal had been made which presented the opportunity of developing the land at no cost or risk to the City of Fayetteville taxpayers. Mr. Stancil stated he would need direction from the Council as to whether to proceed with the project or not. If a decision was made to proceed, the City Manager should be authorized to negotiate with the developers and come back with a proposal. Mr. Don Barnett, President of Barnett Golf Classics, addressed the Council. Mr. Barnett stated he and Mr. William Amick had been involved in the development of over 100 golf courses and a study had shown a need for a public golf course in the Fayetteville area. Mr. Barnett stated he wanted to be the developer for this project. He requested a 40-year land lease with the land reverting to and being owned by the City of Fayetteville at the end of the 40-year span. Mr. Barnett presented the following summary: 1) He was not asking for the issuance of any local government debt because he would be providing the $4 million private subsidy. 2) The permit process would begin in 1998 and the golf course would be operational in the year 2000. 3) There was a need to purchase an adjacent nine-acre tract of land and he was requesting that the City do the negotiating with Barnett Golf Classics providing the funds. 4) A royalty would be paid to the City to begin in seven to eight years in the amount of $25,000 annually and the property taxes on the capital improvements would be paid by his organization. 5) 100 percent of the project would be provided by private capital. Mr. William Amick, designer, presented the preliminary routing plan for the 18-hole golf course with the clubhouse location being set out. Councilmember Talbot inquired about the figures used to determine the number of persons that would use the golf course. Mr. Barnett replied that they had studied the third-party independent feasibility study paid for by the City and had relied on figures published by the National Golf Foundation. He stated that consideration had also been given to the physical location of the property and the easy access to the property. Mr. Barnett stated that one of the lease terms would be that during the life of the 40-year arrangement this golf course would always be public and no memberships would be offered. Councilmember Kendrick requested that a traffic study of the area be included in the plans. MOTION: Councilmember Kendrick moved to proceed and designate the staff to work with the project and come back to Council with a final proposal. SECOND: Councilmember Massey Councilmember Smith inquired about the permit process involved in drawing water from the Cape Fear River and what was going to be done to mitigate damage from the drainage of the water from the golf course into the river. Mr. Robert Barefoot, Recreation/Community Facilities Director, stated a permit is not required at this time to withdraw water but a stringent permit would be required to discharge water into the Cape Fear River. Mr. Amick stated the water would be treated, a list of the non-hazardous fertilizers and chemicals used would be provided, and the water would not be directly drained into the river, but drainage ditches and holding ponds would be used. Councilmember Talbot requested that a public hearing be held. Other councilmembers expressed their opposition to holding a public hearing. VOTE: 11 to 1 (Councilmember Talbot in opposition) 3. Presentation by engineers on annexation construction projects: MOTION: Councilmember Kendrick moved to excuse Councilmember Kizer from discussion or voting on this item. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Kizer abstaining) A. The Rose Group Mr. Chuck Donnell gave the following status summary: Project Drake Park Total Footage Remainder To Be Done Water Main 16,500 400 Sewer 22,000 1,000 Storm Drainage 12,400 3,000 (Annexation Project) Welmar Water Main 10,350 4,750 (2.400 feet added) Sewer 16,500 800 Storm Drainage 5,500 1,500 (Bond & Annexation) Evergreen East Water Main 920 0 Sewer 20,000 0 In this area all streets are ready to be accepted by PWC for hookup except for the southern part of St. Pauls Street. Concrete Channel 1,100 1,100 Mitigation Channel 1,400 1,400 All the areas were recapped as follows: Water 28,000 5,150 Sewer 58,500 1,800 The drainage connections had not been made in Welmar or Buckhead Creek. Mr. Donnell explained that delays caused by the weather and the hardship of obtaining the Corps of Engineers permit were the primary reasons the project had not been completed. He stated that other factors to be considered were no outlets for ground water, poor soil, and the resignation of a subcontractor. Mr. Donnell addressed the water main breaks on Wellons Drive and Wayne Lane. He explained that all water received in this area comes from one direction and there is only one valve. If a break occurs anywhere in this area, all of the residents would be without water. Mr. Donnell stated new pipes and valves were being installed and should be completed within several weeks. Upon completion, the water will come from three different directions and would be valved off in several areas. Mr. Donnell stated currently the pipes are asbestos which is fragile and breaks easily. Councilmember Kendrick inquired about the completion dates for paving and the annexation mandates that must be met by June 30, 1998. Mr. Donnell stated the mandates would be met in Drake Park and Evergreen Estates West, but Welmar might be a problem. Mr. Rose reported the contract showed the completion date to be June 30 and he expected the water and sewer to be completed at that time. The following paving schedule was presented: Drake Park: Finish about the end of August. 1) Faison & David. Start no later than Thursday, June 25, Probably finish Thursday. 2) Miller, Hicks, Lenoir, Crestwood, Isham, Hanna and Joel. Start July 15. 3) Rodie and the remainder of Faison, Crestwood, Isham, Hanna and Joel, David, Shepard and John Marshal. Start August 5. 4) Roxie and all streets to the east of Roxie. Start August 26. Evergreen Estates: Finish about July 10 1) Glenwick 23rd, 24th, finish July 6 2) Wendover 24th, 25th, finish July 7 3) Martindale 25th, 26th, finish July 8 4) Edgedale & Gatewood 26th, 27th, finish July 9 5) St. Paul 29th, 30th, finish July 10 6) St. Augustine, 30th, 1st, finish July 10 7) Second lift on Coventry and Faison July 2 and 3 8) Rebuild Stratford July 10. Welmar: Could start paving as early as end of July on Sandra Drive (Sandra to Hartwell to Faison, probably finish about the end of September. Councilmember Kendrick inquired about the proposed finish dates for the project. Mr. Rose stated there was no contract but Drake Park was scheduled for April 30, 1998. Welmar and Evergreen Estates were scheduled for June 3, 1998. Councilmember Kendrick asked if there was going to be a penalty. Mr. Rose stated that had not been determined at this time, but the contractor would be due time for weather delays, the permit delay, and the lack of easements. No penalty had been determined. Councilmember Massey inquired about the criteria to determine whether a road would be patched or paved. Mr. Rose stated that in the Evergreen Estates area, there would be no patch streets in their contract area but there may be patching in other areas. Mr. Rose explained that usually if there was just one utility being installed, the street would be patched but if there were two or three utilities being installed, the road would be paved. Councilmember Kendrick asked about cleanup in the neighborhoods when the paving projects were complete. Mr. Rose stated it would take approximately one month after the final paving had been completed. Mr. Donnell reminded the Council that the channel work had not been started and that there was considerable work to be done on drainage. Councilmember Kendrick asked about the easements. Assistant City Manager Jimmy Teal stated that due to the increase in the size of the channel, second easements were having to be obtained from the property owners. Mr. Rose stated this had been an extremely complicated project with three services being provided. The next project would be started at an earlier date to give more time to complete the project. B. Moorman, Kizer and Reitzel Mr. Jeff Reitzel presented his update. A copy of his report is attached to these minutes and in Minute Book 3 in the City Clerk's office as Exhibit A. Councilmember Worthy inquired about the paving in Hollywood Heights. Mr. Reitzel stated that it should be done by the end of June. 4. Consideration of the following year-end financial closing matters: A. Adopt Capital Project Partial Closeout 98-3 (Various Parks and Recreation Projects). This capital project partial close-out is for Kiwanis, College Lakes, Seabrook recreation centers, municipal golf course, street releaf program and other minor recreation center projects. The projects have been completed and all associated revenues and expenditures have been audited. An additional general fund transfer of $2,339 is necessary to cover expenditures for the projects. B. Adopt Capital Project Ordinance 98-10 (Urban Signal System) The total cost for the Urban Signal System project is $7,000,000 over a five-year period. The North Carolina Department of Transportation (NCDOT) will provide $6,167,000 for the project and the City will provide a local match of $833,000 (11.9% of the project) over the five-year period. This ordinance appropriates the City's first year local match requirement of $15,145. C. Adopt Capital Project Ordinance 98-11 (Downtown Revitalization). This capital project ordinance in the amount of $2,400,000 is necessary to formally establish the budget authorization for the City's Downtown Revitalization Project. The funds are transferred to the City's capital project fund as project expenditures are incurred. Project-to-date expenditures have been primarily for the Airborne and Special Operations Museum property. D. Adopt Capital Project Ordinance Amendment 98-17 (Mobile Data Terminals and 800 MHz Radio System). This project was established in August 1992 for funding of Mobile Data Terminals (MDTs) and an 800 MHz radio system. This amendment increases the budget to the actual cost of the project. The funding sources for the amendment are proceeds from the sale of assets ($58,350), investment income ($1,041), and a general fund transfer ($4,127). This project will be closed out after completion of the 1997-98 annual audit. E. Adopt Capital Project Ordinance Amendment 98-18 (Area 300 Annexation Infrastructure Improvements). This capital project ordinance amendment is necessary to appropriate $2,434,481 for Area 300 Annexation infrastructure improvements. The source of funds for this amendment is a 1997-98 general fund transfer. The general fund transfer is included in the current year expenditure projections in the 1998-99 Recommended Budget document. F. Adopt Capital Project Ordinance Amendment 98-19 (Terminal Loading Bridges) This amendment is necessary to increase the FAA funding by $4,327 and the local match by $481 for the Terminal Loading Bridges Project. This project is complete and the City is waiting for a clearance from the FAA to close the project. G. Adopt Capital Project Ordinance Amendment 98-20 (School Road Fire Station) The School Road Fire Station Capital Project Ordinance, as amended, consists of funds for architectural and engineering services. This amendment for $10,000 will provide funding for incidental costs associated with this project such as soil borings, advertising, and surveying. The source of funds for this amendment is capital lease proceeds. H. Adopt Capital Project Ordinance Amendment 98-21 (Seabrook Park Pool). The Seabrook Park Pool project has been completed; however, an amendment is required to cover additional expenses for this project in the amount of $5,000. The source of funds for this amendment is the Housing and Urban Development Section 108 Loan. This project will be closed out after completion of the 1997-98 annual audit. I. Adoption of Final Amended Fiscal Year 1997-98 Budget Ordinance. MOTION: Councilmember Fogleman moved to approve all ordinances. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS 5. Consideration of a Sanitary Sewer Utility Merger agreement between the Town of Hope Mills, Public Works Commission and the City of Fayetteville for the Urban Services District. There was no discussion on this item. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 6. Consideration of contract amendment with Rice, William Associates for Cablevision franchise negotiations. Mr. Ben Brown, Assistant City Manager, presented this item. Mr. Brown explained that Rice and Williams had advised there would be an additional cost of $20,000 to complete the renewal process. Mr. Brown stated that considering the $10,932.60 in outstanding invoices and an estimated $20,000 to complete the process, the consortium's total cost was estimated to be $30,932. He recommended approval of the contract amendment for an amount not to exceed $12,000 which would include a 15 percent contingency. Councilmember Smith inquired about additional funds. Mr. Brown stated he felt this was it. The only other way it would cost more was if a deadlock occurred and more work had to be done. Councilmember Milligan inquired if the City could make Time Warner pay part of the expenses. Mr. Brown stated it could not be done. MOTION: Councilmember Worthy moved to honor the request. SECOND: Councilmember Kizer Councilmember Kendrick inquired if the City could go with another company. Mr. Brown stated the City would have to give Time Warner first refusal before going with someone else. Mr. Stancil stated this was not an exclusive franchise and anyone could provide the services once a decision is made as to what is to be provided. VOTE: UNANIMOUS 7. Consideration of Offer to Purchase - Option property located off Vanstory Street in the Old Wilmington Road Area from Shiloh Development for Community Home Care, Inc. Assistant City Manager Ben Brown presented this item. Mr. Brown recommended approval of the option. He stated if a grant was not received from HUD saying the offer to purchase option was valid, the contract would be null and void. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Milligan VOTE: UNANIMOUS 8. Consideration of approval of contract for fire protection services between the City of Fayetteville and Cumberland County for the Bonnie Doone Fire District. MOTION: Councilmember Cheek moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS 9. Request for acceptance of unnamed street located on Johnson property (annexed May 18, 1998). MOTION: Councilmember Talbot moved to approve accepting the street for ownership and maintenance as it currently exists. SECOND: Councilmember Milligan Councilmember Smith inquired as to Council's past actions. Mr. Teal stated the streets were usually accepted as is. Councilmember Kizer stated there was a difference in the paving depth and if the road was to be made uniform, the best time for the overlay to be done was when the site work was done. Mr. Kizer recommended the owner perform the overlay of one inch as set out by Mr. Teal. Mayor Pro Tem McBryde stated the Council's policy was to accept the streets as they were and now was not the time for this procedure to change. Councilmember Kizer stated he agreed but usually the streets were not split half-and-half. Councilmember Talbot withdrew his motion and moved to refer it to the Transportation Committee. Mayor Pro Tem McBryde said there was an urgency to get this done because the building could not be built without this action. Councilmember Talbot withdrew his motion to withdraw and the original motion stood as is. VOTE: UNANIMOUS MOTION: Mayor Pro Tem McBryde moved to send this issue to the Transportation Committee for a recommended policy. SECOND: Councilmember Worthy VOTE: UNANIMOUS 10. Consideration of adoption of Fiscal Year 1998-99 Budget Ordinance (99-1). This item was held over because the Finance Department had not presented the ordinance to the City Manager. It was decided to move on to Item 11 and then come back to this item. 11. Discussion of City-owned property. City Manager Roger Stancil presented this item. Mr. Stancil reviewed the list of properties owned by the City that could be sold with the following exceptions: 1) Existing developed parks and the Botanical Garden property; 2) Occupied and operating fire stations; 3) Properties occupied by City departments (City Hall, police training facility, cemeteries, parking lot at the Law Enforcement Center); 4) The Manufactured Gas Plant (MGP) Site on Ray Avenue; 5) Properties in use by PWC; 6) Currently developed parking lots in use; and 7) The airport properties purchased with FAA funds for noise and safety purposes. Other properties not included were old City Hall, the Market (occupied by Fayetteville Partnership), Lamon Street property to be occupied by the Juvenile Assessment Center, Fire Station #3 on Hillsboro Street, Lafayette Hotel property, transfer station on Winslow Street, Belden-Horne House (occupied by the Chamber of Commerce), Market House, old Post Office on Hay Street (occupied by the Arts Council) and the properties the City rents to others and the properties purchased or donated to protect the watershed areas. Mr. Stancil stated that any property purchased under the old federal urban renewal program could only be used as set out by the agreement with HUD, and any proceeds received from the sale of that property must be given back to Community Development for use on affordable housing. Mr. Stancil recommended that if a policy of disposal of property was to be pursued, the staff be authorized to negotiate with an auctioneer to conduct a public auction on the lands suitable for disposal and after the auction, the rest of the property be marketed with a private person for a rate of commission. MOTION: Councilmember Williams moved to proceed with the City Manager's recommendation. SECOND: Councilmember Haire Discussion was held regarding PWC properties, the Amtrak station, the process of auction versus the process of marketing, giving adjoining property owners first opportunity to purchase and placing values on the property by either the use of appraisals or the use of tax values as a basis for the sale. MOTION: Councilmember Cheek moved to have the staff refine the process and come back with recommendations in two months. SECOND: Councilmember Smith VOTE: 11 to 1 (Councilmember Williams opposed) Councilmember Smith requested that a map be prepared of all of the property owned by the City. 10. Consideration of adoption of Fiscal Year 1998-99 Budget Ordinance (99-1). City Manager Roger Stancil presented the Fiscal Year 1998-99 Budget Ordinance. He reviewed the actions and reductions taken by the Council and the staff during the budget process. Mr. Stancil recommended a 1.5-cent rate increase to bring the tax rate to 51 cents per 100-dollar value. This would include payment of the bonds and leave the leaf collection in the budget. Mr. Stancil stated the City of Fayetteville would have one of the lowest tax rates in North Carolina. A discussion was held regarding the City's debt service, the use of a sinking fund, the tax rate, the recommended pay plan and the staff reorganization. Mr. Stancil stated the Council's cuts and policy changes in the way City business was to be conducted had enabled this budget to be done. Councilmember Cheek stated this budget did not cut the key services offered to the citizens but there was one service that had not been addressed. She would like for the street light in PWC's budget to be increased. MOTION: Councilmember Cheek moved to increase the PWC allocation for upgrading streetlights by an additional $100,000 to a total of $550,000. SECOND: Councilmember Kendrick Mr. Stancil stated this would not effect the Budget Ordinance because this action would direct PWC to make the allocation within their own budget. Councilmember Massey asked PWC how this would impact their budget. Mr. Blanchard, PWC's General Manager, stated the problem was getting the work done and the cost would be greater if it had to be contracted out. He stated the extra funds would have to come out of reserve funds. SUBSTITUTE MOTION: Councilmember Smith moved to refer this to staff and PWC and have them come back with a plan within two months with a recommendation for what is needed, who is going to do the work, what is the cost and when they might be able to get it done. SECOND: Councilmember Williams Councilmember Cheek stated the lights needed to be placed in the neighborhoods and this was one service citizens could see. Councilmember Kizer expressed his dissatisfaction with changing PWC's budget when it had been approved three weeks ago. VOTE: The substitute motion failed by a vote of 7 in opposition (Councilmembers Cheek, Kendrick, McBryde, Haire, Milligan, Worthy and Talbot) to 5 in favor (Councilmembers Kizer, Smith, Fogleman, Williams and Massey) VOTE: The original motion passed by a vote of 9 in favor (Councilmembers Cheek, Kendrick, Haire, Milligan, Worthy, Talbot, McBryde, Massey and Fogleman) to 3 in opposition (Councilmembers Smith, Kizer and Williams) MOTION: Mayor Pro Tem McBryde moved to adopt the recommended Budget and to include the lowest raise anyone in the City is receiving of 5 percent for both the Council and the Mayor and to rework the way Council is paid so the travel allowance would be called salary since they already pay taxes on it now. SECOND: Councilmember Haire Councilmember Smith stated he supported the budget but he could not support a 5 percent raise for the Council because the Council had been expanded from 9 to 12, had already spent too much money, and the money needed to stay in the taxpayers' pocket. Mayor Dawkins stated that a vote against the budget would be a vote for no funding. Mayor Pro Tem McBryde stated he supported the 5 percent raise and he felt it was deserved. Mr. Stancil stated he wanted to make sure before the vote that the motion included setting the tax rate at 51 cents and the tax rate for the downtown district at 10 cents. Mayor Pro Tem McBryde agreed but declined to remove the Council's 5 percent raise from his motion. SUBSTITUTE MOTION: Councilmember Williams moved to send the budget back for the City Manager to come back with a 1.5 cent cut and then the Council might deserve a raise. The motion died for lack of a second. Councilmember Talbot requested that the raise be the same across the board for the Council and the Mayor. Councilmember Smith requested that everyone go on record as to the Council's pay raise and he requested the raise be taken out of the budget out of respect for all the taxpayers and voted on separately. City Attorney Robert Cogswell said it would have to be adopted as part of the ordinance. Mayor Dawkins called for a straw vote on the issue of the Council getting a raise. VOTE: 7 in opposition (Councilmembers Smith, Kizer, Talbot, Fogleman, Williams, Massey and Milligan) to 5 in favor (Councilmembers McBryde, Kendrick, Cheek, Worthy and Haire). Mayor Pro Tem McBryde stated he would make the motion without the pay stipulation. VOTE: 9 in favor (Councilmembers Cheek, McBryde, Smith, Fogleman, Kendrick, Kizer, Milligan, Massey and Haire) to 3 in opposition (Councilmembers Worthy, Talbot and Williams) 12. APPOINTMENTS: A. Information on applications received after June 1, 1998, nominations. B. Airport Commission - election of nominees to fill four vacancies. (One vacancy is for Travel Industry representative) The following appointments were made: Mr. Edward M. Banta was appointed to a second term of two years. Mr. Richard L. Fox was appointed to a second term of two years. Ms Dawn Gibson was appointed to a second term of two years as a travel agent representative. Ms. Robert S. Wilson was appointed to a first term of two years. C. Human Relations Commission - election of nominees to fill seven vacancies. Councilmember Milligan nominated Mr. Charles H. Yates and Ms. Mildred Oglesby. Councilmember Talbot nominated Peggy M. Schaefer. The following appointments were made: Adam Beyah was appointed to a first term of two years. Maria V. Constas was appointed to a second term. Janis Holden-Toruno was appointed to a first term. John T. Johnson was appointed to a second term of two years. Mildred Oglesby was appointed to a first term of two years. Soehee Weatherall was appointed to a first term of two years. Charles Hunter Yates was appointed to a first term of two years. Staff Sergeant James R. Washington was appointed to the alternate ex officio position for Pope Air Force Base. D. Public Works Commission - election of nominee to fill one vacancy. Mr. Milt Wofford was re-appointed to a second four-year term. E. Public Works Commission Retirement Board - election of nominee to fill one vacancy for PWC Employee Participant in Plan. Ms. Amy B. Sweeting was appointed as the employee representative for a first term. F. Joint Storm Water Advisory Board - election of nominee to fill one vacancy for City Council appointment. Mr. Marcus Ingram was re-appointed for a second term. 13. Closed session for litigation. MOTION: Councilmember Kendrick moved to go into closed session to discuss litigation of Metro Air Center Limited vs. City of Fayetteville. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The Council went into closed session at 10:20 p.m. The regular session resumed at 10:47 p.m. 14. Discussion of Solid Waste Contract City Manager Roger Stancil stated that in the best interest of the citizens he was recommending the following actions be taken in regards to the Solid Waste Contract with ARS Waste Industries. 1) Adoption of an ordinance granting a franchise. 2) Granting of a franchise to ARS in accordance with the bid documents submitted by ARS in Alternate E as was originally recommended grandfathering in any service or container contracts that exist at the time of the passing of this ordinance. Mr. Stancil stated that this franchise would allow a customer that had an existing contract for service or rental to continue with his contract. He stated there would be a $500 a day penalty for interference with the franchise. Mayor Pro Tem McBryde asked Mr. Stancil for clarification of a previous discussion in which he had asked if all old ARS agreements end when the new agreement is signed and to which Mr. Stancil had replied in the affirmative. He stated he also had inquired whether anybody could be used or did you have to use ARS and the answer was anybody could be used. Mr. Stancil stated that was the basis of the contract at that time and the recommendation was not to grant an exclusive franchise but he felt it was in the best interest of the City to now enter into an exclusive franchise. Mr. Stancil stated his new recommendation would change the situation and the basic intent after today would be ARS would be serving the people who were customers in the City of Fayetteville. Mayor Pro Tem McBryde asked Mr. Stancil if he was recommending against what he had previously told the Council. Mr. Stancil responded in the affirmative. He stated this franchise would be for five years. Mr. Stancil introduced Mr. Crutchfield of ARS. Mr. Crutchfield stated ARS does not force people to do business with their company. He stated that since April 7, 1998, a lot of changes had taken place and in the bid process ARS was lowest on all four bids and the action that was being requested needed to be done in order for ARS to be able to do the job. Mayor Pro Tem McBryde stated he did not think things had changed that much and he did not think he could rely on what Mr. Crutchfield said. A discussion was held regarding the pros and cons of awarding the franchise to ARS, how existing contracts would be treated, and the effect of the grandfather clause in the contract being presented. Mr. Stancil stated the contract with ARS is a public document and everyone knows the terms of the agreement. This has given other companies an opportunity to offer a better deal to get the business. Under the previous agreement, ARS cannot change any of their terms. Mr. Stancil stated the rate of the proposed franchise would be good for five years and could only be raised by a cost of living increase. He stated this was an exclusive franchise based on the bids. MOTION: Councilmember Williams moved to approve the ordinance and proceed with this at $500 a day, which is the equivalent to the charge paid for liquidated damages on construction projects. SECOND: Councilmember Talbot VOTE: 11 to 1 (Mayor Pro Tem McBryde in opposition) MOTION: Councilmember Talbot moved to grant the franchise to ARS Waste Management in accordance with their bid document Alternate E as originally recommended with the provision that existing agreements for servicing containers will be honored. SECOND: Councilmember Williams VOTE: 11 to 1 (Mayor Pro Tem McBryde in opposition) INFORMATION ITEMS: 1. Information from Councilmember Don Talbot. 2. Information on historic landmark buildings. 3. Letter of appreciation from Principal of Warrenwood Elementary School to Police Chief for performance by Rollr'z Band. MOTION: Councilmember Kendrick moved to adjourn the meeting. SECOND: Councilmember Worthy VOTE: UNANIMOUS The information meeting was adjourned at 10:55 p.m. MOTION: Councilmember Cheek moved to adjourn the continued budget session, which had been continued, from 5 p.m. SECOND: Councilmember Kizer VOTE: UNANIMOUS The continued budget meeting was adjourned at 11:00 p.m. BUDGET SESSION JUNE 22, 1998 FAYETTEVILLE CITY COUNCIL BUDGET SESSION CITY HALL LAFAYETTE ROOM JUNE 22, 1998 5:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Lisa Smith, Interim Finance Director Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press The continued budget meeting was called to order at 5:22 p.m. City Manager Roger Stancil stated that prior to submitting the budget to the Council, he had made a $6.6 million cut in the requests from the various departments of the City. Mr. Stancil presented the following proposals to reduce the proposed tax rate increase to 2 cents: 1) Radios: The City and County recently approved an agreement that would allow the County to use the City's 800 MHz radio system. This offer by the City saved County taxpayers a money and will result in improved coordination. It would also add $36,000 to the City's revenues. 2) Solid waste service for apartments: When Council decided on the current franchise for commercial solid waste, it was agreed to treat apartments as commercial entities and that decision would allow a reduction in expenditures of $55,000. 3) Debt service: A reduction could be made in the tax rate increase needed to fully fund the sinking fund to 2.85 cents, resulting in a reduction of expenditures of $77,129. 4) Position in Finance Department: A reduction in the funding of a parking position to one-half in Finance would reduce expenditures by $12,600. 5) Recreation/Community Facilities: By deferring various projects, expenditures can be reduced by $142,000. These reductions would include cutting City-sponsored concerts from 10 to 5, and reducing police security at ballgames and recreation programs. 6) Residential solid waste collection: The contracts Council has approved for residential solid waste collection were below the budgeted amount, allowing a reduction in expenditures of $176,000. 7) Commercial solid waste collections: Council's recent decisions on how to provide this service allowed the reduction of expenditures for this service in the annexation budget of $35,000. Mr. Stancil stated that the total dollar amount previously approved had been $702,000 and the total new items he had just presented was $533,129 for total possible cuts of $1,235,729. Councilmember Milligan inquired about cutting the expenses associated with parades. Mr. Stancil stated this was being looked into but the City would always have public safety responsibilities and would have to deal with free speech issues. Councilmember Smith requested that the leaf season issue be reconsidered. Mayor Dawkins stated a 2 cents tax increase would pay the bonds and still leave funds to do the leaf season. He said he did not know how to give the needed services and cut much more from an already good budget. Mayor Dawkins asked the Council to address the allocation of funds for outside agencies. Councilmember Smith stated that Fayetteville Area Economic Development Corporation, Fayetteville Partnership, and Fayetteville Arts Council were agencies that the City contracted with for services and it was his opinion the City needed to convey to these agencies exactly what was expected of them. He requested the City Manager be authorized to negotiate a contract requiring a quarterly report on the objectives of each organization. Councilmember Cheek stated she would like the reports but she felt that Fayetteville Area Economic Development Corporation should be removed because of the issue of confidentiality. Mayor Pro Tem McBryde stated that the City already has these reports and they are sent to the City Manager. He suggested the City Manager make the reports more widespread. Councilmember Kendrick stated he would like a report from all of the organizations. A discussion was held with Council's consensus being that the outside agencies needed to look for more private funding, and the City's contribution to all agencies needed to be studied for possible revisions. A discussion was held regarding the funding of the Arts Council. Councilmembers Milligan and Williams stated they felt the amount of funding should be reduced because some of the organizations under the umbrella coverage were individually being considered by both the City and County, and there was a need for private funding. Councilmember Milligan pointed out that the utilities were donated by PWC and the City made any repairs on the building, which was being rented to the Arts Council for a nominal fee. Councilmember Fogleman stated her support for the arts because she did not want them to become obsolete. After further discussion regarding the Arts Council funding, a straw vote for the allocation of $250,000 was approved by a vote of 7 in favor to 5 in opposition. A discussion was held regarding the funding for Fayetteville Partnership. A comparison was done of the current tax rate of 6.3 cents versus the proposed increased tax rate of 10 cents to include the dollar amount that would need to be taken from the General Fund with each rate. Mayor Dawkins called for a straw vote on the 6.3 cents tax rate with a vote of 5 in favor. He then called for a straw vote for the 10-cent tax rate with a vote of 5 in favor. After further discussion, the Council decided by a straw vote of 7 in favor to 5 opposed to fund Fayetteville Partnership by raising the tax rate to 10 cents with $45,612 to be taken out of the General Fund. After discussion the non-profit agencies were awarded the following appropriations: Agency FY 1999 Recommended Airborne/Special Operations Museum $50,000 Fayetteville Arts Council $250,000 Cape Fear Botanical Garden $10,000 Contact $5,000 Dogwood Festival $10,000 FAEDC $30,000 Fayetteville Partnership $45,612 Metrovisions $7,500 Retired Senior Volunteer Program $9,000 Salvation Army $12,000 Seniors Call to Action Team $10,000 The Women's Center of Fayetteville $31,000 The Women's Club $5,000 Councilmember Cheek inquired about the percentage rate of the proposed employee increases. Mr. Stancil replied there were 1,119 employees that were eligible for an increase. Of the 1,119 who were eligible, 99 made more than $35,000 annually, and 59 of those were in the police and fire departments. Mr. Stancil further stated there were 40 other employees that made over $35,000 with 12 of those being department heads. Councilmember Worthy stated he felt there should be a cap on the percentage amount. Councilmember Smith stated that would defeat the purpose and if the Council wanted the employees to stay, they needed to pay them better. Mr. Smith stated the compression issue must be addressed at this time. Councilmember Kendrick stated if a cap were used, the long-time employees would be punished, and that was not fair. Mayor Dawkins called for a straw vote on the pay plan as it had been presented and it passed with a vote of 9 in favor. Councilmember Smith requested to keep the leaf season service, but to reduce it from three and a half months to two months with the details to be determined at a later date. Council agreed with Councilmember Smith and requested that Mr. Stancil return with a proposal. Councilmember Milligan requested the Council review the figures, which had been furnished on the amount of food being purchased by the City for various functions and meetings. MOTION: Councilmember Kendrick moved to refer this item to the Policy Committee. SECOND: Councilmember Milligan VOTE: UNANIMOUS MOTION: Mayor Pro Tem McBryde moved to continue the meeting until after the Regular Meeting to be held at 7 p.m. had been adjourned. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The budget session was continued at 6:42 p.m., to be held after the conclusion of the Regular Meeting scheduled for 7 p.m. REGULAR MEETING JULY 6, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JULY 6, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Mark C. Kendrick (District 6); Curtis Worthy (District 7); J. Wick Smith, Jr. (District 9) Absent: Suzan K. Cheek, (District 5) Donald G. Talbot (District 8) Others Present: Roger L. Stancil, City Manager Ben Brown, Chief Development Officer Jimmy Teal, Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Frank Simpson, Inspections Director Victor Sharpe, Planning Division Manager Tom McNeill, PWC Property Acquisition Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Dr. Jesse Brunson, Pastor of the John Wesley United Methodist Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins stated that Brian Parrish, the son of City fireman Lt. Wayne Parrish, had passed away. Mayor Dawkins stated that Brian had been sick for an extended period of time and that he had fought a good battle. He extended condolences to the family. 1. APPROVAL OF AGENDA MOTION: Mayor Pro Tem McBryde moved to excuse Councilmembers Talbot and Cheek from the meeting. SECOND: Councilmember Kendrick VOTE: Unanimous (Councilmembers Cheek and Talbot excused) City Attorney Robert Cogswell requested to add a closed session for discussion of claims against the City and a closed session for the discussion of property acquisition. Mr. Cogswell stated that in Item 14, the employees requesting legal representation were Mr. Joseph Boyd and Mr. Allison McKenzie. Mayor Pro Tem McBryde requested to remove Item 15, evaluation of the City Attorney, from the agenda since two councilmembers were absent. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the addition of Item 15, closed session for claims against the City of Fayetteville, and Item 16, closed session for property acquisition, and with the removal of the evaluation of the City Attorney. SECOND: Councilmember Massey VOTE: Unanimous (Councilmembers Cheek and Talbot excused) 2. CONSENT Councilmember Kizer requested to abstain from discussion or voting on Items 2.E and 2.F. Councilmember Kendrick requested to pull Items 2.H and 2.J for discussion. Mayor Pro Tem McBryde requested to pull Item 2.E and 2.F. Mr. Cosgwell requested to correct the June 1 minutes by changing paragraph three on Page 9 to Historic Resources Commission rather than Human Resources Commission and to remove from Page 13 Councilmember Kizer's name which was shown twice in the vote. MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exception of Items 2.E, 2.F., 2.H and 2.J. SECOND: Councilmember Worthy VOTE: Unanimous (Councilmembers Cheek and Talbot excused) A. Approve minutes of regular meeting of May 18, 1998. B. Approve minutes of regular meeting of June 1, 1998. C. Approve minutes of budget workshop and special meeting of June 8, 1998. D. Approve minutes of budget workshop of June 10, 1998. (Continued from June 8, 1998) E. Pulled for discussion by Mayor Pro Tem McBryde. F. Pulled for discussion by Mayor Pro Tem McBryde. G. P98-30F Approval of the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located south of Cedar Creek Road and east of Jim Johnson Road. Containing 2.37 acres more or less and being the property of Charles Graham Johnson, Trustee, as evidenced by map and legal description furnished by the City of Fayetteville, being all of annexation ordinance number 98-05-431, and being annexed by the City of Fayetteville, effective May 18, 1998. H. Pulled for discussion by Councilmember Kendrick. I. Approve the following traffic matters in the annexation area: 1. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, for stop and yield control. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. TRAFFIC SCHEDULE NUMBER 6 - STOP INTERSECTIONS. ORDINANCE NO. NS1998-026. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1998. 2. Adopt ordinances amending Chapter 20, Motor Vehicles and Traffic, to prohibit parking on the following streets: a. Horseshoe road - both sides from western back of curb of Yadkin Road westwardly for a distance of 1000 feet. b. Top Hat Street - both sides from Bragg Boulevard to Ike Street. c. Schmidt Street - both sides from Mike Street to Mullis Street AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. TRAFFIC SCHEDULE NUMBER 11 - PARKING PROHIBITED. ORDINANCE NO. NS1998-027. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1998. 3. Adopt ordinances amending Chapter 20, Motor Vehicles and Traffic, for 25 miles per hour speed limit in the New Ponderosa Area and Summer Hill Area. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL. ORDINANCE NO. NS1998-028. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL. ORDINANCE NO. NS1998-029. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book S1998. J. Pulled for discussion by Councilmember Kendrick. E. Adopt resolution authorizing condemnation of storm drainage easement on parcel located at the northwest corner of Raeford Road and Bunce Road - Parcel N-1. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. 1996 FAYETTEVILLE ANNEXATION AREA 300. RESOLUTION NO. R1998-066. MOTION: Mayor Pro Tem McBryde moved to approve and to allow Councilmember Kizer to abstain SECOND: Councilmember Worthy VOTE: Unanimous (Councilmembers Cheek and Talbot excused and Councilmember Kizer abstaining) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. F. Adopt resolution authorizing condemnation of storm drainage easement on Penfield Drive - Parcel N-1. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. PENFIELD DRIVE DRAINAGE PROJECT. RESOLUTION NO. R1998-067. MOTION: Mayor Pro Tem McBryde moved to approve and allow Councilmember Kizer to abstain. SECOND: Councilmember Worthy VOTE: Unanimous (Councilmembers Cheek and Talbot excused, Councilmember Kizer abstaining) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. H. P98-31F. Approval of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 3518 & 3522 Village Drive. Containing .68 acres more or less and being the property of Effie Lenora MacFadden; and Stacy & Emily MacFadden, Jr. as evidenced by deed recorded in Deed Book 2205, Page 7; and 3565, Page 801, respectively, Cumberland County Registry. MOTION: Councilmember Kendrick moved to set a public hearing for August 3, 1998. SECOND: Mayor Pro Tem McBryde VOTE: Unanimous (Councilmembers Cheek and Talbot excused) J. Approve award of purchase contract for 150 each 25 KVA CSP Transformers, with option to purchase additional quantities within a one-year period, to WESCO (Raleigh, NC), low evaluated bid in the amount of $93,750. (PWC) Councilmember Kendrick pulled this item for discussion. He inquired why the lowest bid had not been accepted. PWC staff stated that a formula is used to determine the life of a transformer and the contract was awarded for the least expensive transformer over the life of the transformer. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Kizer VOTE: Unanimous (Councilmembers Cheek and Talbot excused) Bids were received as follows: WESCO (Raleigh, NC) $93,750.00 ERMCO c/o National Transformer (Raleigh, NC) $88,950.00 Rigby Electric (Rocky Mount, NC) $80,700.00 Eastern Electric (Rocky Mount, NC) $124,800.00 Scott-Parish (Wake Forest, NC) $93,631.50 Kuhlman (Versailles, KY) $89,850.00 Power Supply (Matthews, NC) $71,242.50 Howard Industries c/o Richardson (Kenley, NC) $82,950.00 3. PUBLIC HEARINGS: A. P98-33F. Consideration of an application by Autry Butler for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24, to allow a Nursing Home in an R6 Residential District for an area located at 517 and 523 Country Club Drive. Containing 6.1 acres more or less and being the property of the Estate of Edith B. Chance; and Cumberland Care, Inc.; as evidenced by deeds recorded in Deed Book 505, Page 157; 542, Page 107; 2618, Page 609; 2836, Page 139; Respectively, Cumberland County Registry. Kathy Kem of the Planning Division staff presented this item. Ms Kem stated the Zoning Commission recommended the granting of a Special Use Permit and the staff made no recommendation for either approval or denial because a decision had to be based on evidence given. This is the advertised public hearing set for this date and time. The public hearing opened at 7:20 p.m. Mr. Autry Butler, 603 Williwood Road, Fayetteville, NC, was sworn in. Mr. Butler requested that the Special Use Permit be granted. There was no one else signed up to speak either in favor or opposition and the public hearing closed at 7:23 p.m. MOTION: Councilmember Kendrick moved to approve the special use permit with the following findings of fact: (1) Such use shall fit in with the character of the area in which such use is to be located; (2) that such use is not detrimental to the surrounding neighborhood; and (3) all applications for a Special Use Permit shall be accompanied by an accurate and detailed plot plan of the proposed use showing the location of all buildings, yard dimensions, driveways, parking areas, planting screens, service areas and other pertinent data. SECOND: Councilmember Fogleman VOTE: Unanimous (Councilmembers Cheek and Talbot excused) B. P98-38F. Consideration of revisions and amendments to Chapter 32, Zoning, Article IV, Section 32.22(5), to allow cemeteries provided that they meet certain requirements pertaining to size, parking, setbacks and location and Article III, Section 32-5 (5.1), defining cemeteries. Mr. Victor Sharpe of the Planning Division staff presented this item. Mr. Sharpe recommended adoption of the ordinance as recommended by the City Planning Commission. This is the advertised public hearing set for this date and time. There was no one signed up to speak either in favor or opposition and the public hearing opened and closed at 7:26 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, ARTICLE IV, SECTION 32-22(5), ARTICLE III, SECTION 32-5(5.1), CONCERNING CEMETERIES. ORDINANCE NO. S1998-007. MOTION: Councilmember Worthy moved to approve. SECOND: Councilmember Haire VOTE: Unanimous (Councilmembers Cheek and Talbot excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1998. 4. P98-25F. The rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 530 Terry Circle. Containing .29 acres more or less and being the property of David & Diane Alabaster as evidenced by deed recorded in Deed Book 4835, Page 534, Cumberland County Registry. Ms. Kathy Kem of the Planning Division staff presented this item. Ms. Kem stated the Zoning Commission recommended approval and the staff recommended denial. MOTION: Councilmember Smith moved to deny the rezoning. City Attorney Robert Cogswell stated the only thing the Council could do at this time was to approve the Zoning Commission's recommendation or set a public hearing. MOTION: Councilmember Smith moved to set a public hearing for August 3, 1998. SECOND: Councilmember Fogleman SUBSTITUTE MOTION: Councilmember Williams moved to approve the Zoning Commission's recommendation to rezone. SECOND: Councilmember Worthy. Mr. Cogswell ruled the substitute motion was an opposite motion and the original motion would have to be voted on first. Discussion was held regarding the holding of a second public hearing. Councilmember Fogleman pointed out that the Zoning Commission vote was 3 to 2 and the staff had recommended denial. Councilmember Worthy, Williams, and Massey expressed their concerns regarding holding another public hearing when there had already been one held. VOTE: 6 in favor (Councilmembers Smith, Kendrick, McBryde, Kizer, Fogleman and Milligan) to 4 in opposition (Councilmember Worthy, Williams, Massey and Haire) (Councilmembers Cheek and Talbot excused) 5. P98-29F. The rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 106 Chloe Drive. Containing 1.0 acres more or less and being the property of Theodore & Thelma Kinney; and Jack & Junetta Freeman as evidenced by deed recorded in Deed Book 3105, Page 339, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended approval. MOTION: Mayor Pro Tem McBryde moved to set a public hearing for August 3, 1998. SECOND: Councilmember Milligan A discussion was held regarding the options Council has when it comes to rezoning property. City Attorney Robert Cogswell stated the only thing Council can do is hold a public hearing or approve the Zoning Commission's recommendation. He explained that if a public hearing is held, the Council has all of the options available in determining the type of zoning. When there is a difference of opinion between the Zoning Commission and the staff, the item has to be placed on the agenda as a non-public hearing item and the only thing that can be done is approve the recommendation of the Zoning Commission or to set a public hearing. When the zoning request is denied, then a public hearing must also be set. VOTE: 7 in favor (Councilmembers Smith, Kendrick, McBryde, Fogleman, Kizer, Milligan and Haire) to 3 in opposition (Councilmembers Williams, Worthy and Massey) (Councilmembers Cheek and Talbot excused) 6. P98-34F. The rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 102 Chloe Drive. Containing .40 acres more or less and being the property of The Fayetteville Bible Chapel as evidenced by deed recorded in Deed Book 4780, Page 468, Cumberland County Registry. MOTION: Councilmember Kendrick moved to set a public hearing for August 3, 1998. SECOND: Councilmember Milligan VOTE: 8 in favor (Councilmembers Kendrick, McBryde, Smith, Fogleman, Kizer, Milligan, Massey and Haire) to 2 in opposition (Councilmembers Williams and Worthy) (Councilmembers Cheek and Talbot excused) Councilmember Smith stated that because there was often a difference of opinion between the Zoning Commission and the City staff, he would like to request the Development Committee meet with the Zoning Commission and the planning staff to set goals so everyone would know what to expect. Mayor Dawkins stated he felt this should be an agenda item for a meeting. Councilmember Kizer stated he felt the ordinance should be changed to mandate a public hearing when there was a difference of opinion between the Zoning Commission and the Planning staff. 7. P98-37F. Consideration of a request by the Planning Commission to extend the moratorium on the issuance of Telecommunication Tower Special Use Permits an additional 30 days. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE EXTENDING THE DECLARATION OF A MORATORIUM ON THE ISSUANCE OF TELECOMMUNICATION TOWER SPECIAL USE PERMITS. RESOLUTION NO. R1998-068. MOTION: Mayor Pro Tem McBryde moved to follow the recommendations and grant a 30-day extension until August 18, 1998. SECOND: Councilmember Smith Councilmember Williams inquired as to the purpose of extending the moratorium. Ms. Kem stated the purpose was to refine the ordinance and find potential sites for the towers and to better situate them throughout the City. It would also help in looking at co-locations. VOTE: 9 in favor to 1 in opposition (Councilmember Williams in opposition) (Councilmembers Cheek and Talbot excused) Councilmember Haire left the meeting at 8 p.m. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Haire from the remainder of the meeting. SECOND: Councilmember Worthy VOTE: Unanimous (Councilmembers Cheek and Talbot excused, Councilmember Haire not voting) 8. Consideration of approval of application for passenger facility charge fees. MOTION: Councilmember Fogleman moved to adopt the passenger facility charge fee of $3. SECOND: Councilmember Worthy A discussion was held regarding the dollar amount of the fee and when it would be added to the ticket. Councilmember Fogleman stated there would be a $12 maximum charge on a round-trip ticket and this would not make a significant difference in the price of the ticket. VOTE: Unanimous (Councilmembers Cheek, Haire and Talbot excused) 9. Consideration of the following contract issues: A. Approve award of construction contract to McDonald Grading (Fayetteville, NC) low bidder, for Distribution Drive drainage and paving in the amount of $753,406.25. (Bond Project) MOTION: Councilmember Williams moved to award the contract. SECOND: Councilmember Worthy Councilmember Kendrick pointed out this project was being done under budget. VOTE: Unanimous (Councilmembers Cheek, Haire and Talbot excused) Bids were received as follows: McDonald Grading (Fayetteville, NC) $753,406.25 Barnhill Contracting (Fayetteville, NC) $907,393.35 Atlas Resource Management, Inc. (Fayetteville, NC) $917,107.00 B. Approve award of purchase contracts to Kester Business Systems, Inc., (Greensboro, NC), for mobile storage system for evidence room for Police Administration Building, in the amount of $30,670.54 to include a bond performance cost. MOTION: Councilmember Worthy moved to approve. SECOND: Councilmember Williams VOTE: Unanimous (Councilmembers Cheek, Haire and Talbot excused) Bids were received as follows: Kester Business Systems (Greensboro, NC) $30,670.54 Office Sales Inc.(rep. J.E. Pope Co.)(Fayetteville, NC) $46,778.03 Patterson Business Systems (Raleigh, NC) Bid Rejected 10. Consideration of acceptance of the following streets within the Villas of Loch Lomond: Timberwood Drive; Hollyberry Lane; Auburndale Lane; Hickorywood Drive; Candlewood Drive. MOTION: Councilmember Worthy moved to accept the streets as set out. SECOND: Councilmember Massey Councilmember Kendrick inquired about the verification of ownership. Mr. Teal stated this had been done. Councilmember Smith inquired about the costs of the project. Mr. Teal stated Auburndale Lane and Hickorywood Drive needed the most work and would be placed on the resurfacing list for possible paving for 1999 to 2001. Mr. Teal stated the other three streets would be done in approximately five years with the current costs being approximately $20 per linear foot. A discussion was held regarding the Council's street acceptance policy. Mayor Pro Tem McBryde inquired about the streets not being accepted by the North Carolina Department of Transportation. Councilmember Kizer explained there was a two-step process. The first step would be to approve a street for construction and the second step would be to accept that street for maintenance. He explained that sometimes a time delay is so long, the streets start deteriorating before maintenance has been accepted. He stated the streets in question had been accepted for construction approximately seven years ago and had begun to have problems. Councilmember Williams called the question. VOTE: Unanimous (Councilmembers Cheek, Haire and Talbot excused) MOTION: Councilmember Kendrick moved to refer the street acceptance policy to the Policy Committee for review. SECOND: Councilmember Massey VOTE: Unanimous (Councilmembers Cheek, Haire and Talbot excused) Councilmember Worthy stated he felt the annexed areas deserved and expected the same great streets as are all over the City and they should not be shortchanged. 11. Consideration of participating with the NC DOT for the installation of sidewalks on Bunce Road in conjunction with the widening project. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal stated the cost figures for the proposed Bunce Road sidewalk project as provided for the North Carolina Department of Transportation was as follows: City Share DOT Share One side of Bunce Road $ 67,410.00 $67,410.00 Both sides of Bunce Road $183,247.00 $86,393.00 Mr. Teal recommended this be referred to the Transportation Committee. MOTION: Mayor Pro Tem McBryde moved to refer to the Transportation Committee. SECOND: Councilmember Kendrick VOTE: Unanimous (Councilmembers Cheek, Haire and Talbot excused) 12. APPOINTMENTS: A. Fayetteville Board of Adjustment - nominations needed to fill two vacancies. City Attorney Robert Cogswell explained the Council's policy on terms as it applied to the Board of Adjustment. He stated that the three-year term set for the Board of Adjustment was done by statute and therefore, a member would be eligible for a second term under Council policy which states that when a length of service has been for a total of four years, a person cannot serve another term. Councilmember Kendrick nominated Ms. Frances Franco. Councilmember Massey nominated Mr. Fred Farmer, Jr. Councilmember Kizer nominated Mr. David Courie. B. Fayetteville City Zoning Commission - nominations are needed to fill three vacancies. Councilmember Kizer nominated Mr. George Turner. Mayor Pro Tem McBryde nominated Mr. Kenneth Godwin. C. Fayetteville City Planning Commission - nominations needed to fill five vacancies. Councilmember Kendrick nominated Ms. Peggy Vick. Councilmember Kizer nominated Mr. Charles Mathews. Councilmember Smith nominated Ms. Linda Allan. Mayor Pro Tem McBryde nominated Mr. Jeff Riddle. Councilmember Worthy nominated Mr. Michael Hines. Councilmember Kizer stated Mr. Jeff Bullard had requested to be withdrawn from the nominations. Mayor Pro Tem McBryde stated Mr. William Highsmith had also requested to be withdrawn from the nominations. D. Taxicab Review Board - nominations needed to fill one vacancy. Councilmember Kendrick nominated Mr. David Walker. After discussion regarding the requirement for City residency, Mr. Cogswell stated this position does not have to be held by a person who lives within the City of Fayetteville. 13. ADMINISTRATIVE REPORTS A. Report on request for water service on private streets along Raeford Road. City Manager Roger Stancil offered the following background and information: PWC did not include Morris Street or Carr Drive for utility improvements because no petitions had been received within the appropriate time frame and there were no reported septic tank failures as evidenced from information provided by the Cumberland County Health Department. In addition, PWC does not usually install utilities within private streets except where there is a recognized homeowners' association responsible for maintenance of such roadways. PWC prepared an estimate of approximately $55,000 for the cost of providing water on Karr Drive and Morris Street This amount divided equally among the 14 properties that would benefit from the main extension would be roughly $3,925 per parcel. This information was provided to the 14 property owners for their consideration. Only three of the 14 property owners favored the installation of the water service because a majority of the property owners were not in favor of the extension of water service, the petition effort failed. Councilmember Kendrick explained that these citizens were using bottled water and he inquired as to the difference between this situation and the situation on Luther Drive when water was supplied with a two-inch water main. Mr. Tom McNeill, PWC Property Acquisition, responded to Councilmember Kendrick's inquiry. Mr. McNeill explained the process that had been used and stated the problem was partially due to the fact that the majority property owner did not want the services for his vacant land. Mr. McNeill explained the owners had been approached and the figures given by Mr. Stancil were correct for an eight-inch main. Mr. McNeill stated if a two-inch main were used, the cost to bring water from Raeford Road would be $20,663 or $6,887 per the three property owners. He also stated there was an issue of it being a private street and there being no homeowners' association. Discussion was held. MOTION: Councilmember Kendrick moved to send this item back to PWC for them to come up with a solution to bring tap water to the three owners. SECOND: Councilmember Milligan VOTE: Unanimous (Councilmembers Cheek, Haire and Talbot excused) B. Report on proposed limit of dogs within the City limits. City Manager Roger Stancil stated Councilmembers Cheek and Talbot had requested this item and because they were absent, it would be placed on a later agenda. 14. Consideration of request for legal representation. City Attorney Robert Cogswell stated Mr. Joseph Boyd and Mr. Allison McKenzie in the matter of David R. Kimbel vs. The City of Fayetteville and Joseph M. Boyd in his individual and professional capacity and Allison K. McKenzie, Jr., in his individual capacity. Mr. Cogswell stated that both parties were acting within the course and scope of their employment. He recommended hiring Brooks, Stevens, and Pope, P.A. at a rate of $150 per hour to represent both parties. This request was unanimously approved by acclamation. 15. This item was pulled from the agenda. Evaluation of City Attorney. (Requested by Councilmember Curtis Worthy) 15. Closed session to discuss claims against the City of Fayetteville. 16. Closed session to discuss the acquisition of property. MOTION: Councilmember Worthy moved to go into closed session to discuss both claims against the City and the acquisition of property. SECOND: Councilmember Fogleman VOTE: Unanimous (Councilmembers Cheek, Haire and Talbot excused) Closed session began at 8:55 p.m. and the regular session resumed at 9:32 p.m. INFORMATION ITEMS: 1. Report of tax refunds less than $100. Name Year Basis Amount Oswald, Ryan Benjamin 1995 & 1996 Military Non-Resident $10.92 Total $10.92 2. Update on status of Jerry Wilson's work on new Council districts. 3. Letter from Mayor in favor of Owen Drive Extension Project. 4. Letter of gratitude from Executive Director of Boys & Girls Clubs of Cumberland County for staff of Recreation and Community Facilities. 5. Notice of citizens information workshop for the proposed widening/improvements of Bingham Road from US 401 (Raeford Road) to Fisher Road. 6. Notice of auction of BCH Energy facility. 7. PWC - minutes of June 10, 1998. 8. Planning Services Division Monthly Report for May 1998. (Inserted in packet) MOTION: Mayor Pro Tem McBryde moved to adjourn the meeting. SECOND: Councilmember Kendrick VOTE: Unanimous (Councilmembers Cheek, Haire and Talbot excused) The continued budget meeting was adjourned at 9:33 p.m. REGULAR MEETING JULY 20, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JULY 20, 1998 7:00 P.M. Present: Councilmembers F. Milo McBryde (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Mayor J. L. Dawkins, Anne D. Fogleman (at-large) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer/Assistant City Manager Ben Brown, Chief Development Officer/Assistant City Manager Robert C. Cogswell, Jr., City Attorney Frank Simpson, Inspections Director Robert Barefoot, Chief Operating Officer/Recreation and Community Facilities Victor Sharpe, Planning Division Manager Curtis Hancock, Special Projects Manager Mick Noland, PWC Water and Sewer Department Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press Mayor Dawkins was on vacation and Mayor Pro Tem McBryde presided over the meeting. INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Dr. John (Jay) Coker, Pastor of First Presbyterian Church, followed by Mayor Pro Tem McBryde leading in the Pledge of Allegiance to the American Flag. RECOGNITION: City Attorney Robert Cogswell introduced Mrs. Ortharine W. Sansbury, the new Assistant City Attorney. MOTION: Councilmember Kendrick moved to excuse Councilmember Fogleman from the meeting. SECOND: Councilmember Worthy VOTE: Unanimous by acclamation of members present. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to change the language in Item 11 to reflect a recommendation of referring to the Planning Commission and not the Zoning Commission as stated. He requested to delete Item 8 and to add a closed session to discuss property acquisition. MOTION: Councilmember Cheek moved to approve the agenda as amended. SECOND: Councilmember Kizer VOTE: Unanimous (Councilmember Fogleman excused) Councilmember Kizer requested to abstain from discussion or voting on Items 2.F, 3.A, and 7. MOTION: Councilmember Massey moved to allow Councilmember Kizer to abstain from discussion or voting on Items 2.F, 3.A and 7. SECOND: Councilmember Haire VOTE: Unanimous (Councilmember Kizer not voting and Councilmember Fogleman excused) 2. CONSENT: City Attorney Robert Cogswell requested to make a correction to Item 2.C, the minutes of June 22, 1998, to reflect the motion failed by a vote of 7 in opposition to 5 in favor. Mayor Pro Tem McBryde presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Williams requested to pull Item 2.C., Councilmember Kizer requested to pull Item 2.F, and Councilmember Kendrick requested to pull Item 2.D. MOTION: Councilmember Massey moved to approve the Consent Agenda with the exceptions of Items 2.C, 2.D and 2.F. SECOND: Councilmember Kendrick VOTE: Unanimous (Councilmember Fogleman excused) The following items were approved: A. Approve minutes of regular meeting of June 15, 1998. B. Approve minutes of budget meeting of June 22, 1998. (Continued from June 10, 1998) C. Pulled for discussion by Councilmember Williams. D. Pulled for discussion by Councilmember Kendrick. E. Approve Lease Agreement with the Juvenile Assessment Center for space in the building located at 121 Lamon Street. F. Pulled for discussion by Councilmember Kizer C. Approve minutes of information meeting of June 22, 1998. Councilmember Williams requested clarification of the percentage of the pay raise for the Council and Mayor. The requested percentage was 5 percent. MOTION: Councilmember Kizer moved to approve the minutes. SECOND: Councilmember Talbot VOTE: Unanimous (Councilmember Fogleman excused) D. Approve conveyance of Lot 26, Habitat Village, to Habitat for Humanity. Councilmember Kendrick inquired as to what the City's liability would be because the property was in a flood zone. Mr. Kendrick requested that the deed contain a hold harmless clause. MOTION: Councilmember Kendrick moved to delay this item until the hold harmless clause was inserted in the deed. SECOND: Councilmember Talbot VOTE: 10 to 1 (Councilmember Worthy opposed and Councilmember Fogleman excused) F. Approve award of contracts for the following (PWC): 1. Construction of the Falcon Village Outfall to R.H. Moore Co., Inc., low bidder, in the amount of $258,048.00. Bids were received as follows: R.H. Moore Co., Inc. (Murrells Inlet, SC) $258,048.00 Temple Grading & Constr. (Lillington, NC) $266,839.04 T.A. Loving Co. (Goldsboro, NC) $268,255.00 Autry Grading, Inc. (Fayetteville, NC) $315,740.10 ES & J Enterprises (Autryville, NC) $319,034.00 Wellons Construction (Dunn, NC) $336,597.00 2. Construction of the Strickland Bridge/Fisher Road 16" and 12" Water Main Extension to Blue Construction Company, low bidder, in the amount of $760,344.00. Bids were received as follows: Blue Construction Company (Sanford, NC) $760,344.00 R.H. Moore Co., Inc. (Murrells Inlet, SC) $793,626.00 Brewer's Excavating, Inc. (Rural Hall, NC) $809,581.40 Wellons Construction Co. (Dunn, NC) $840,542.00 State Utilities (Monroe, NC) $898,950.00 Frank Horne Construction (Fair Bluff, NC) $900,688.95 ES & J Enterprises, Inc. (Autryville, NC) $903,655.00 E.C. Pace (Roanoke, VA) $946,565.00 Billings & Garrett (Raleigh, NC) $984,188.00 Dixon Construction (Bennettsville, NC) $989,979.00 Columbus Utilities, Inc. (Fair Bluff, NC) $1,334,729.72 T.A. Loving Company (Goldsboro, NC) $1,522,146.00 MOTION: Councilmember Cheek moved to approve both contracts. SECOND: Councilmember Haire VOTE: UNANIMOUS (Councilmember Kizer abstaining and Councilmember Fogleman excused). 3. PUBLIC HEARINGS: A. Public hearing on proposed annexation of Area 3-B (Lafayette Village and Gallup Acres). (Public hearing only. No action required.) City Manager Roger Stancil reviewed the official annexation report for Area 3-B. Mr. Stancil's report covered the introduction, the adherence to the statutory requirements, the plans for extending City services and the methods of implementation and financing. Councilmember Massey inquired about the impact annexing Area 3-B would have on the voting strength of the minorities. Mr. Stancil stated that if the area were done by itself, there would be a minor negative effect. However, this area was going to be submitted with Annexation 3-A and when the two areas were combined, there would be no impact on the voting strength of the minorities. A discussion was held regarding the process used for code enforcement in a newly annexed area. This is the advertised public hearing set for this date and time. The public hearing opened at 7:32 p.m. Mr. Lewis S. Weingarten, 5306 Hornbeam Road, Fayetteville, NC, appeared in favor and requested to be included in the annexation. Mr. Weingarten stated his home was in the Lafayette Village but was not being annexed. Mr. Manuel Z. Enriquez, 5116 Palmetto Lane, Fayetteville, NC, appeared in favor of the annexation. Mr. Enriquez requested the main streets be done expediently. Ms. Eliza Sanchez, 5117 Palmetto Lane, Fayetteville, NC, appeared in favor of the annexation and requested to turn in her petition for sewer. Ms. Sanchez requested that sidewalks be placed in the subdivision. Mayor Pro Tem McBryde informed Ms. Sanchez she would need to talk to the staff regarding the sidewalk request because there was a City policy that dealt with this issue. There was no one else signed up to speak in favor. Ms. Pearl H. Cooper, 5308 Birch Road, Fayetteville, NC, appeared in opposition to the annexation. Ms. Cooper stated she had no septic tank problems, she did not have the money to pay for the sewer hookup, and the streets would be in a mess. Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, NC, stated he was opposed because the minority voters would be diluted and it would be regressive. Ms. Christine Madison, 315 Richmond Drive, Fayetteville, NC, stated she was opposed because she had no sewer problems and did not have the money to pay for it. Ms. Terry Sturrock, 330 Richmond Drive, Fayetteville, NC, stated her opposition. Ms. Sturrock stated the City services would cost a total of $5,000 and she felt if the City wanted to provide services to them for free, then she would be happy to be annexed. Ms. Sturrock asked Councilmember Kendrick about the article in the newspaper that quoted him as saying many of the citizens were living in substandard conditions. Councilmember Kendrick explained he was referring to the development standards that applied to the water, sewer and storm drainage. Mr. Kendrick stated there was a problem because no infrastructure had been required when the homes were built in that area. Ms. Sturrock stated she was aware of only three septic tank failures in the neighborhood in the last six years and it should be expected that problems and maintenance must periodically be done in forty-year-old houses. She stated the consensus of the neighborhood was that Gallup Acres did not want the annexation and they could not afford it. Mr. Frank Brownell, 311 Richmond Drive, Fayetteville, NC, requested that the Council not annex Gallup Acres because they already had the services the City would provide and double taxation was not needed. Mr. Brownell stated the City's tax dollars were wasted. Mr. Daniel Brewer, 4910 Walnut Drive, Fayetteville, NC, stated he was not totally against the annexation but he did question the costs. Mr. Brewer had several procedural questions. There was no one else to speak either in favor or opposition and the public hearing closed at 8:00 p.m. In response to the questions raised during the public hearing, Mr. Stancil explained the terms of the assessment repayment (10 years with T-bill interest rate) He explained there had been funds made available for low-to moderate-income families who qualified for help with the costs. Mr. Stancil stated the City was actually subsidizing each property owner in the amount of approximately $4,200 because the actual cost per lot was around $7,000. Councilmember Kendrick inquired as to why a street would be included in the annexation and five houses on that street would be left out of the annexation. Mr. Stancil stated the property owners would have to petition to be annexed because Annexation Plan B could not be increased in size. A discussion ensued regarding the septic tank failures in Gallup Acres. Mr. Mick Noland, of PWC Water and Sewer Department, addressed the issue of penalties. Mr. Noland stated that PWC's policy is not to force people to connect and an incentive is offered to encourage owners to hook up to the sewer lines. The incentive is the waiver of the $500 facility investment fee if the property owner hooks up in six months. Mr. Noland stated the facility investment fee is to set off the cost of the treatment of the sewer. In response to a question from Councilmember Massey, Mr. Noland stated that the Health Department would not allow a failed septic tank to be replaced when there was sewer available. B. P98-24F. The rezoning from R6 Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located at 6150 Ramsey Street. Containing 1.35 acres more or less and being the property of Young and Morie M. Howard as evidenced by deed recorded in Deed Book 2509, Page 14, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated both the staff and Zoning Commission recommended denial of the C1P and approval of the P2. This is the advertised public hearing set for this date and time. The public opened at 8:16 p.m. Mr. DeWitt E. Murray, 3804 Round Hill Road, Greensboro, NC, appeared with a Power Of Attorney for the property owner. Mr. Murray requested the zoning be granted. He stated he could not sell the property as residential property. There was no one else present to speak in favor of the rezoning. Appearing in opposition of the rezoning were Ms. Kate R. O'Brien, 6136 Ramsey Street, Fayetteville, NC; Mr. Bob Pow, 243 Stacy Weaver Drive, Fayetteville, NC; and Mr. Charlie G. Neal, 512 Longview Drive, Fayetteville, NC. All of the opponents requested the property be left residential in order to preserve their neighborhood. Mr. Murray offered rebuttal of the rezoning and Ms. O'Brien offered rebuttal in opposition to the rezoning. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:26 p.m. MOTION: Councilmember Milligan moved to leave the property R6 as it is currently zoned. SECOND: Councilmember Massey A lengthy discussion was held regarding the conditions of the property and the pros and cons of rezoning the property. Councilmember Massey called the question, which passed by a unanimous vote. Mayor Pro Tem McBryde called for a vote on the motion. VOTE: 7 in favor (Councilmembers Cheek, Kendrick, Smith, McBryde, Kizer, Milligan and Massey) to 4 in opposition (Councilmembers Worthy, Talbot, Williams and Haire) (Councilmember Fogleman excused) 4. Consideration of request to address City Council from Essie Bell regarding extension of median at Burger King on Ramsey Street. Mr. Essie Bell did not appear to address the Council. 5. Consideration of request to address City Council from Henry C. Campen, Jr., Attorney, representing KMC Telecom II, Inc., regarding access to install fiber optics within the City's rights-of-way. Mr. Henry C. Campen, Jr., Attorney, representing KMC Telecom II, Inc., requested the Council to approve the agreement with his client. Mr. Campen stated the agreement would bring a $15 million investment into the community and 20 new jobs. He also stated that KMC Telecom would be an active corporate entity in Fayetteville and they would like to work in partnership with the City. City Attorney Robert Cogswell stated the agreement had been developed in part to create a generic agreement that could be used with anyone else requesting to install the same type of fiber optic network. Mr. Cogswell explained the fee would be the same for anyone entering into such an agreement with the City. The fee is more in the range of 7 percent of the City's costs for right-of-way and not the 10 percent first estimated. Mr. Cogswell then reviewed the memo stating the major points of the agreement. He stated this would be a nonexclusive franchise and recommended the approval of the agreement. MOTION: Councilmember Kendrick moved to approve the agreement. SECOND: Councilmember Worthy VOTE: Unanimous (Councilmember Fogleman excused) A second reading will be held on July 27, 1998. 6. Consideration of approval of Covenant and Release of Lien Agreement with Manuela I. Arnold, Bruce A. Arnold and Eric Lindstrum regarding properties located at 225-227 Hay Street. City Attorney Robert Cogswell presented this item. Mr. Cogswell stated the owners had requested to delete two of the improvements originally required, specifically, an elevator and a sprinkler system. Mr. Frank Simpson, Inspections Director, was in compliance with the request. Mr. Cogswell stated they also did not want to be required to use the first floor as a restaurant. He recommended approval of the changes as requested. MOTION: Councilmember Cheek moved to approve the covenant and release of lien agreement. SECOND: Councilmember Smith VOTE: Unanimous (Councilmember Fogleman excused) 7. Consideration of park design at Fire Station 1. City Manager Roger Stancil presented this item. Mr. Stancil recommended the placement of basketball courts adjacent to Fire Station 1. He stated the program development plan was done by both Fire and Parks and Recreation personnel and met the wishes of the Parks and Recreation Advisory Committee to construct additional outdoor courts. Mr. Stancil explained other elements to be included were a small picnic shelter with rest rooms, parking lot, and a walking trail. Mr. Stancil stated the facility would serve the eastern part of the City and he asked the Council to approve the concept. MOTION: Councilmember Worthy moved to follow the recommendations. SECOND: Councilmember Talbot Councilmember Smith inquired about the cost of the project. Mr. Stancil stated he felt it would come in below the $175, which had been budgeted for the project. He stated he could not give a specific cost at this time. Councilmember Smith asked that the cost be kept reasonable and that the money not be spent just because it was available. Councilmember Williams requested that a name or sign be placed at the fire station on both C Street and Person Street. Councilmember Kendrick inquired about the crime rate in the area and what security would be available. Mr. Barefoot stated he felt the fire staff would enhance the safety and the hours of operation would be from 8 a.m. to 11 p.m. VOTE: Unanimous (Councilmember Kizer abstaining and Councilmember Fogleman excused) 8. This item was removed from the agenda by the City Manager. 9. Consideration of release of Lots 5 and 6 from Deed of Trust securing road improvements on Bordeaux Commerce Park. City Attorney Robert Cogswell presented this item. Mr. Cogswell explained the developer of this project gave the City a second mortgage on five lots that had an appraisal value which reflected adequate equity. The deed of trust was given in lieu of posting a bond to secure the completion of the proposed streets and drainage. Mr. Cogswell explained that a lawsuit involving two of the lots had been settled and the lots needed to be released from the City's Deed of Trust. The three remaining lots were appraised and had a value of half a million dollars. Mr. Cogswell recommended release of Lots 5 and 6 from the Deed of Trust. MOTION: Councilmember Worthy moved to release the two lots as requested. SECOND: Councilmember Kendrick VOTE: Unanimous (Councilmember Fogleman excused) 10. Consideration of setting limits on the number of dogs allowed per residence within the City limits. (Requested by Councilmembers Suzan Cheek and Don Talbot) Councilmember Talbot requested this item be placed on the agenda. Councilmember Talbot stated he felt the issue of the dog ordinance was too complex to address tonight and he did not feel a limitation should be placed on the number of dogs at this time. Councilmember Cheek stated she felt the issue should be referred to an appropriate committee for further evaluation. Councilmember Talbot stated he felt a citizen committee from five to six persons should be set up to deal with animal control. A discussion was held. MOTION: Councilmember Talbot moved to create an ad hoc seven-member citizen committee specifically to deal with the dog ordinance, with nominations coming from the Council and the Mayor making the appointments. SECOND: Councilmember Cheek A discussion ensued regarding the current ordinance and the issues it covers. Councilmember Talbot stated he felt a committee should look at the ordinance and make recommendations that could be done in conjunction with the County. Councilmember Kendrick pointed out the enforcement problems and stated information would need to be gathered regarding the cost of enforcement. VOTE: 8 in favor (Councilmembers Smith, Talbot, Kendrick, Cheek, McBryde, Kizer, Milligan and Massey) to 3 in opposition (Councilmembers Worthy, Williams and Haire) (Councilmember Fogleman excused) 11. Consideration of the following zoning issues: (Requested by Councilmember Suzan Cheek) A. No-parking zone requests. Mr. Jimmy Teal, Chief Planning Officer/Assistant City Manager, presented this item. He recommended referring it the Transportation Committee. MOTION: Councilmember Kendrick moved to refer to the Transportation Committee. SECOND: Councilmember Cheek VOTE: 10 to 1 (Councilmember Kizer opposed and Councilmember Fogleman excused) B. Buffers between various types of zones. C. Side yards requirements for out-sized buildings in residential zones. MOTION: Councilmember Cheek moved to refer both Items B and C to the Planning Commission. SECOND: Councilmember Kendrick Councilmember Cheek asked that there be special considerations given to mixed uses to include an apartment building parking lot and to look at side yard requirements for big buildings allowed by right in residential zones. Councilmember Kizer stated he worked with these ordinances daily and he thought they worked well as written and he felt there was no need to use the Planning Commission or to waste the Commission's time. VOTE: 7 in favor (Councilmembers Smith, Talbot, Kendrick, McBryde, Williams, Milligan and Cheek) to 4 in opposition (Councilmembers Worthy, Kizer, Massey and Haire) (Councilmember Fogleman excused) 12. Discussion on a resolution in support of the All-American Expressway retaining its current name. (Requested by Councilmember Wick Smith) Councilmember Smith stated he had been in touch with Lauch Faircloth's office regarding a Congressional Military Appropriation Bill that included renaming a portion of the All-American Expressway after a House member. Mr. Smith stated this was included in the House version but not in the Senate version. Mr. Smith stated he had received numerous calls from citizens and military person objecting to the renaming of the expressway. Therefore, he was proposing a resolution be adopted and faxed to all of the House of Representatives and State Senators stating that Fayetteville was behind maintaining the current name of the All-American Expressway. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, ENDORSING THE NAME "ALL-AMERICAN" FOR OUR FAYETTEVILLE-FORT BRAGG LINK. RESOLUTION NO. R1998-069. MOTION: Councilmember Smith moved to adopt the resolution. SECOND: Councilmember Talbot SUBSTITUTE MOTION: Councilmember Williams moved to rename the expressway the General John Lindsay Highway. SECOND: Councilmember Haire. Mayor Pro Tem McBryde stated he would not accept the motion because it was an opposite motion. Councilmember Smith stated this was an appropriation for the United States and someone had stuck a caveat in the bill that was distasteful to a lot of citizens as well as to the retired and active military personnel in this area. Mr. Smith stated we cannot go to Congress, but we can object to what is being done because the All American Expressway was named for the All American 82nd Airborne Division and in his opinion, this Division is an important part of this community. Mr. Smith further stated Mr. Faircloth does not support this name change and this is not something Fort Bragg asked for. He asked the Council's support in adopting the resolution. VOTE: 10 in favor to 1 in opposition (Councilmember Massey) (Councilmember Fogleman excused) Councilmembers expressed their gratitude to Mr. Bill Hefner for all he had done for this area and stated this action was not an action against Mr. Hefner but rather a vote in support of the All American 82nd Airborne Division. Mayor Pro Tem McBryde stated he regretted the Council had gotten thrown into the middle of a political issue. Councilmember Massey stated his opposition was for the purpose of looking at different options and not closing any doors. Councilmember Smith stated this needed to be sent out as soon as possible. Councilmember Milligan stated the citizens should write to the Representatives and Senators and let their feelings be known. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 13. Discussion on improving communications between the Planning Staff, Planning Commission, Zoning Commission and the City Council. (Requested by Councilmember Wick Smith) Councilmember Smith stated he had talked with City Manager Roger Stancil regarding this issue and Mr. Stancil had addressed most of his issues. However, Councilmember Smith stated he was requesting the staff and Planning Commission give a time frame for the completion of the review of the 2010 Plan and he asked that they come back with their recommendations as soon as possible. 14. APPOINTMENTS: A. Fayetteville Board of Adjustment - nominations needed to fill two vacancies. Ms. Frances Franco and Mr. David Courie were appointed to their first three-year term. B. Fayetteville City Zoning Commission - nominations are needed to fill three vacancies. Mr. George Turner was re-appointed to a second two-year term. Mr. Kenny Godwin and Mr. Dave Averette were appointed to their first two-year term. C. Fayetteville City Planning Commission - nominations needed to fill five vacancies. Councilmember Smith stated that Linda Allan had requested her name be withdrawn from the nominations. He nominated Mr. Todd Smith. Councilmember Cheek nominated Mr. Bernie Rivenbark. Councilmember Haire nominated Mr. Aaron Jamale Johnson. Councilmember Massey nominated Mr. Fred Farmer, Jr. The following appointments were made: Ms. Peggy Vick was appointed to a second two-year term. Mr. Charles Mathews was appointed to his first two-year term. Mr. Jeff Riddle, Mr. Todd Smith, and Mr. Fred Farmer, Jr., were appointed to their first two-year term. D. Taxicab Review Board - nominations needed to fill one vacancy. Mr. David Walker was appointed to fill in the term of Ms. Louise Warren. E. Closed session to discuss property acquisition. MOTION: Councilmember Smith moved to go into closed session to discuss acquisition of property. SECOND: Councilmember Kendrick VOTE: Unanimous (Councilmember Fogleman excused) The closed session began at 9:49 p.m. and the regular session resumed at 10:06 p.m. 15. ADMINISTRATIVE REPORTS: A. Report on meeting between PWC and Cottonade Homeowners' Association. City Manager Roger Stancil reported on the neighborhood meeting. Mr. Stancil stated it had been decided to install utilities in the entire neighborhood and not just where petitions had been submitted. B. Report on neighborhood meetings. Mr. Stancil reported that the cost of the neighborhood meetings was approximately $4,000 and 43 persons had attended the meetings. Mr. Stancil recommended that this type meeting not be repeated. He stated he supported holding meetings on a specific issue which would answer specific questions of the citizens. Mr. Stancil suggested coordinating with County government and PWC to do one big effort that would also fit with Council's goals of clarifying City and County goals. C. Report on proposal on public hearings for rezoning cases. Mr. Stancil recommended revising City Council Policy 120.5 to allow the City Manager to automatically set a public hearing when the recommendations for rezoning differs between the staff and the Zoning Commission. Mr. Stancil stated he would place this as an agenda item for the next meeting. D. Update on Fire Station 8. Mr. Stancil stated if the actual bids reflect the architect's estimates, brick veneer on entire exterior could be recommended without exceeding the total project budget. Mr. Stancil stated he would proceed with obtaining the estimates and come back to Council at a later date. E. Streetscape update. Mr. Stancil stated the Appearance Commission and the Historic Resources Commission had agreed on the sidewalks and the light poles being installed 80 feet apart. The only problem remaining was the installing of the streetlights because there were so many opinions about what kind of streetlights and how the streetlights should be done. MOTION: Councilmember Cheek moved to pull in concrete poles for street lighting as soon as possible for a safety factor. SECOND: Councilmember Kendrick A discussion was held regarding the costs of the installations, and the solution to the problem. City Manager Roger Stancil stated his main concern was for safety. Mr. Curtis Hancock, Special Projects Manager, stated he was waiting for information from the manufacturers and samples of the poles. Mr. Hancock stated that if concrete bases (for decorative lights) were used, it would be very costly to dismantle them and reinstall a different type light (but the concrete pole that PWC will install temporarily is a direct burial that would be inexpensive to change out later). Councilmember Cheek inquired if this project was being coordinated with the museum. Mr. Hancock answered in the affirmative. VOTE: UNANIMOUS (Councilmember Fogleman excused) F. Requested changes in nomination form for boards, committees and commissions. (Requested by Councilmember Don Talbot) Councilmember Talbot presented his recommendations. Councilmembers expressed their opinions regarding the form. MOTION: Councilmember Talbot moved to approve the form removing the voting precinct from the form and to have the staff put the form out for use. SECOND: Councilmember Smith Discussion was held regarding the need for a resume. VOTE: Motion failed. 4 in favor (Councilmembers Talbot, Smith, Haire and Williams) to 7 in opposition (Councilmembers Kendrick, McBryde, Cheek, Milligan, Kizer, Worthy and Massey) (Councilmember Fogleman excused) INFORMATION ITEMS: 1. Information on an area located on Larkspur Drive near Spy Glass Drive. 2. Statement of taxes collected for the month of June 1998, from the Cumberland County Tax Collector. 1997 Taxes $85,110.46 1997 Vehicle Taxes 177,536.25 1997 Revit 114.20 1997 Vehicle Revit 148.01 1997 FVT 23,145.00 1997 Storm Water 12,996.86 1996 Taxes 13,530.96 1996 Vehicle Taxes 2,724.38 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 435.00 1996 Storm Water 8,057.95 1996 Discount 0.00 1995 Taxes 4,884.11 1995 Vehicle Taxes 183.20 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 37.26 1995 Storm Water 801.12 1994 Taxes 2,134.78 1994 Vehicle Taxes 0.00 1994 Revit 0.00 1994 Vehicle Revit 0.00 1994 FVT 0.00 1993 And Prior Taxes 1,064.74 1993 Vehicle Taxes 44.74 1993 And Prior Revit 0.00 1993 & Prior Vehicle Revit 0.00 1993 & Prior FVT 15.00 Interest 11,431.82 Interest (Revit) 7.15 Interest (Storm Water) 1,877.50 Fayetteville Discount 0.00 Revit. Discount (0.00) Total Collections $346,280.57 3. Copy of letter from PWC regarding neighborhood meeting to be held Thursday, July 30, 1998, from 6 to 9 p.m. at Douglas Byrd Middle School cafeteria. 4. Copy of letter to Legislative Delegation regarding SB1354: Bonds/Critical Infrastructure needs. 5. Response to Councilmember Haire's request regarding homecomings at Fayetteville State and Methodist College. 6. Police Department - monthly report from the Office of Professional Standards for the month of June 1998. 7. PWC - minutes of June 24, 1998. 8. Planning Services Division Monthly Report for June 1998. (Inserted in packet) MOTION: Councilmember Kendrick moved to adjourn the meeting. SECOND: Councilmember Worthy VOTE: UNANIMOUS There being no further business, the meeting adjourned at 10:30 p.m. INFORMATION MEETING JULY 27, 1998 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER JULY 27, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer/Assistant City Manager Ben Brown, Chief Development Officer/Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Kizer, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Ms. Martha Duell reported on the trip to St. Avold. She brought greetings from the Mayor and the City Council of St. Avold. Ms. Duell stated she would like the support and participation of the City Council in a trip to France next year and that she had made arrangements where each person could stay at the home of their counterpart. Ms. Duell presented the Mayor with a plaque for the City of Fayetteville. Ms. Anna Baxley, advisor to the students traveling to France gave an overview of the trip to St. Avold. She stated a display of the gifts that had been received would be set up at Terry Sanford High School for everyone to view. Ms. Baxley stated the most valuable things received from this trip were memories, friendships, and understanding. Ms. Christina VanTreurem thanked the Council for their support in making this trip along with an experience of a lifetime possible. Mr. Kenyon Cameron stated he enjoyed his first airplane trip, the best cultural experience of a lifetime and more hospitality than is in the South. He stated he had made a friend for life and had learned to be a Frenchman. Mayor Dawkins thanked all of the participants for their hard work which will go on for decades. Mayor Dawkins stated that in order to have world peace, countries need contact with each other. 1. APPROVAL OF AGENDA MOTION: Mayor Pro Tem McBRyde moved to approve the agenda. SECOND: Councilmember Kizer VOTE: UNANIMOUS 2. CONSENT: A. Second reading of KMC Telecom II, Inc. Franchise for fiber optics within city right-of-way. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE GRANTING A NON-EXCLUSIVE FRANCHISE TO KMC TELECOM II, INC. ORDINANCE NO. NS1998-030. MOTION: Mayor Pro Tem McBryde moved to approve the ordinance. SECOND: Councilmember Kendrick VOTE: UNANIMOUS A copy of the foregoing ordinace is on file in the City Clerk's office in Ordinance Book NS1998. 3. Consideration of condemnation settlements: A. Cape Fear Valley drainage project; Parcel Phl. 33. City Attorney Robert Cogswell recommended settling this project for the amount of $3,024.00. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS B. McPherson Church Road widening; Parcel W-2. City Attorney Robert Cogswell recommended a settlement of $37,500.00. MOTION: Councilmember Cheek moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 4. Closed session to discuss litigation. MOTION: Mayor Pro Tem McBryde moved to go into closed session to discuss litigation. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The Council went into closed session at 7:20 p.m. The regular session resumed at 9:10 p.m. INFORMATION ITEMS: 1. Memo from Garrett Alexander, Tax Administrator, regarding the 2 percent discount program. 2. FACVB - minutes of June 11, 1998. 3. PWC - minutes of July 22, 1998 and July 8, 1998. 4. Resolution of the Fayetteville City Council that endorsed the name of "All American", by Mayor Pro Tem McBryde. MOTION: Mayor Pro Tem McBryde moved to adjourn the meeting. SECOND: Councilmember Kendrick VOTE: UNANIMOUS There being no further business, the meeting adjourned at 9:11 p.m. REGULAR MEETING AUGUST 3, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER AUGUST 3, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer/Assistant City Manager Ben Brown, Chief Development Officer/Assistant City Manager Robert C. Cogswell, Jr., City Attorney Robert Barefoot, Chief Operating Officer-Recreation and Community Facilities Victor Sharpe, Planning Division Manager Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Father Ryszard Kolodziej, of Saint Patrick's Catholic Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA City Attorney Robert Cogswell stated that Item 15 would be a closed session to discuss property acquisition and economic development. City Manager Roger Stancil requested to remove Item 8, T-hangar bids, from the agenda. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the addition and deletion. SECOND: Councilmember Fogleman VOTE: UNANIMOUS Councilmember Kizer requested to abstain on Items 2.D and 4. MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Kizer to abstain from discussion or voting on Items 2.D and 4. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Kizer abstaining) Councilmember Worthy requested to abstain from discussion or voting on Item 6. MOTION: Councilmember Kizer moved to allow Councilmember Worthy to abstain from discussion or voting on Item 6. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Worthy abstaining) 2. CONSENT: City Attorney Robert Cogswell requested to add the motion, which had been left out of Item 2.F of the minutes of July 20, 1998, and to change the minutes of July 20, 1998, to reflect that Mayor Dawkins led the Pledge of Allegiance to the Flag. Mayor Dawkins presented the Consent Agenda and asked if any items needed to be removed before calling for action. Mayor Pro Tem McBryde requested to pull Item 2.D. MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exception of Item 2.D. SECOND: Councilmember Worthy VOTE: UNANIMOUS The following items were unanimously approved: A. Approve minutes of regular meeting of July 6, 1998. B. Approve minutes of regular meeting of July 20, 1998. C. Approve minutes of information meeting of July 27, 1998. D. Pulled for discussion. E. Approve referral of Legend Avenue project to Transportation Committee. F. Adopt ordinances amending Chapter 20, Motor Vehicles and Traffic for Stop and Yield Control. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. TRAFFIC SCHEDULE NUMBER 6 - STOP INTERSECTIONS. ORDINANCE NO. NS1998-031. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. TRAFFIC SCHEDULE NUMBER 14 - YIELD CONTROL. ORDINANCE NO. NS1998-032. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1998. G. Approve referral to the Transportation Committee the intersection improvements requested by N.C. Department of Transportation at Robeson Street and Levy Drive to install traffic signal H. Approve extension of the Operating Agreement with the Fascinate-U Children's Museum. I. Approve extension of the Operating Agreement with the Botanical Garden. J. Approve purchase contract for bus vacuum system to Transmatic, Inc. (Wilmington, NC), in the amount of $46,958.00. Bids were received as follows: Transmatic, Inc. (Wilmington, NC) $46,958.00 Stratford & Associates, Inc. (La Crescenta, CA) $59,500.00 JKA Company (Venice, FL) $64,950.00 K. Adopt resolutions approving condemnation of selected properties in support of Morganton Road Sidewalk Phase 3: Parcel N-1, Parcel N-6, Parcel N-11, Parcel N-12, Parcel N-14, Parcel N-17, Parcel N-18, Parcel N-20. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-070. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-071. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-072. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-073. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-074. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-075. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-076. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1998-077. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1998. L. Approve award of contract for purchase of two 600 KVAR, 12 KV Padmount Capacitors, with option to purchase additional units within a one-year period to Eastern Electric (Rocky Mount, NC), in the amount of $35,947.42. (PWC) Bids were received as follows: Eastern Electric (Rocky Mount, NC) $35,947.42 WESCO (Raleigh, NC) $37,034.00 Rigby Electric (Rocky Mount, NC) $35,980.00 M. Approve award of contract for purchase of two 900 KVAR, 24 KV Padmount Capacitors, with option to purchase additional units within a one-year period, to Eastern Electric (Rocky Mount, NC), in the amount of $43,110.00. (PWC) Bids were received as follows: Eastern Electric (Rocky Mount, NC) $43,110.00 WESCO (Raleigh, NC) $44,368.00 Rigby Electric (Rocky Mount, NC) $43,170.00 D. Adopt Resolution and Order to file and publish a Preliminary Assessment Roll and set public hearing for September 8, 1998, to consider the extension of its sanitary sewer system in all or a portion of those streets in Annexation Area 3A (Cottonade/New Ponderosa/Summerhill/Four Seasons and Bonnie Doone Area). RESOLUTION AND ORDER TO FILE AND PUBLISH A PRELIMINARY ASSESSMENT ROLL FOR COTTONADE/NEW PONDEROSA/SUMMERHILL/FOUR SEASONS AND BONNIE DOONE AREA. RESOLUTION NO. R1998-078. MOTION: Mayor Pro Tem McBryde moved to approve. SECOND: Councilmember Worthy VOTE: 11 to 0 (Councilmember Kizer abstaining) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 3. PUBLIC HEARINGS: A. P98-31F. Consideration of approval of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 3518 & 3522 Village Drive. Containing .68 acres more or less and being the property of Effie Lenora MacFadden; and Stacy & Emily MacFadden, Jr. as evidenced by deed recorded in Deed Book 2205, Page 7; and 3565, Page 801, respectively, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated that in 1995, Village Drive had an average daily traffic count of 19,800. He stated that both the staff and Zoning Commission recommended rezoning to P2 Professional. This is the advertised public hearing set for this date and time. The public hearing opened at 7:14 p.m. Mr. Stacy MacFadden, 5620 Par Court, Hope Mills, NC, appeared in favor of the rezoning. He stated he would like to get the highest and best use of his property. Mr. Fred Owenby, 3525 Village Drive, Fayetteville, NC, appeared in favor of the rezoning. He stated the traffic was making this happen and he would like to be able to get more for his property when it is sold. Mr. Owenby stated he was speaking for his neighbors also. There being no one further to speak either in favor or opposition, the public hearing closed at 7:20 p.m. MOTION: Councilmember Worthy moved to approve the rezoning to P2. SECOND: Councilmember Haire Councilmember Kendrick stated his concern about the preservation of the integrity of the neighborhoods and the fact that any street that has a count of 20,000 daily could be considered a commercial street, to include Morganton Road, McPherson Church Road and the other roads we have been trying to keep in the residential nature of our community. SUBSTITUTE MOTION: Councilmember Kendrick moved to send this back to the Planning Commission for a review of the 2010 Plan. SECOND: Councilmember Cheek A discussion was held regarding the last review in 1990 of the 2010 Plan, the rezoning of abutting properties in P2 zones, encroachment of residential properties, and growth within the City. Councilmember Worthy stated action should be taken on this item because the 2010 Plan could be reviewed at any time. Councilmember Williams requested that the staff give him the advantages of commercial encroachments into neighborhoods. SUBSTITUTE MOTION VOTE: Failed by a vote of 6 in opposition (Councilmembers McBryde, Cheek, Kendrick, Smith, Fogleman and Milligan) to 7 in favor (Councilmembers Worthy, Talbot, Kizer, Williams, Massey, Haire, and Mayor Dawkins casting the tie-breaking vote) ORIGINAL MOTION VOTE: Passed by a vote of 7 in favor (Councilmembers Fogleman, Kizer, Williams, Massey, Haire, Worthy and Talbot) to 5 in opposition (Councilmembers McBryde, Cheek, Smith, Kendrick and Milligan) Mayor Dawkins stated a second reading without discussion would need to be held on this item because a two-thirds vote was required to rezone. He stated this item would be heard on August 17, 1998. B. P98-25F. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 530 Terry Circle. Containing .29 acres more or less and being the property of David & Diane Alabaster as evidenced by deed recorded in Deed Book 4835, Page 534, Cumberland County Registry. Kathy Kem of the Planning Division staff presented this item. Ms. Kem reviewed the zoning history of the area. She stated the Zoning Commission had a split vote of 3 to 2 recommending approval and the staff recommended denial because it was an encroachment of nonresidential into a residential neighborhood. This is the advertised public hearing set for this date and time. The public hearing opened at 7:36 p.m. Mr. Rudolph Singleton, Jr., Attorney for the owners, P.O. Drawer 2505, Fayetteville, NC, appeared in favor of the rezoning. Mr. Singleton stated this area was no longer suited for residential and the highest and best use would be an office building. Mrs. Diane Alabaster, 530 Terry Circle, Fayetteville, NC, appeared in favor of the rezoning. She presented statements of support for the rezoning and stated that the property was surrounded by three nonresidential properties. Ms. Alabaster stated P2 would offer harmony for the area. Mr. David Alabaster, 530 Terry Circle, Fayetteville, NC, stated he was talking about change but not about changing the residential feeling of Terry Circle. Mr. Alabaster addressed the disadvantages of the property being used as a residence. He stated this property was on a curve and was in a commercial area and it was his opinion this would be the best place to draw the line on encroachment of the residential areas on Terry Circle. There was no one else present to speak in favor. Ms. Geraldine W. Stine, 511 Terry Circle, Fayetteville, NC, appeared in opposition to the rezoning. Ms. Stine stated traffic was already a problem in this neighborhood of senior citizens. She stated she liked her location because it was convenient to her doctors. Ms. Stine presented a petition signed by ten persons who were opposed to the rezoning. Mr. Rudolph Singleton offered rebuttal in favor of the rezoning. Mr. Singleton stated the character of the property had changed and parking would be no problem. There being no one further to speak either in favor or opposition, the public hearing closed at 7:57 p.m. Councilmember Smith stated that of the 16 petitions in the agenda packet supporting the rezoning, 11 petitioners did not live on Terry Circle. MOTION: Councilmember Smith moved to decline the zoning request and have it remain as is. SECOND: Councilmember Cheek Councilmember Williams stated his opposition and asked the Council to look at the economic impact. Councilmember Cheek expressed her support for preserving the neighborhood concept. Ms. Cheek reminded everyone that Council cannot consider any special use but is required to consider all of the uses that may go in that zoning classification. Councilmembers Worthy and Massey expressed their opposition to the motion and Mr. Massey stated he felt the professional and commercial property added value to the area and this area had already changed. VOTE: Passed by a vote of 7 in favor (Councilmembers McBryde, Cheek, Kendrick, Smith, Fogleman, Kizer and Milligan) to 5 in opposition (Councilmembers Haire, Worthy, Talbot, Williams and Massey) C. P98-29F. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 106 Chloe Drive. Containing 1.0 acres more or less and being the property of Theodore & Thelma Kinney; and Jack & Junetta Freeman as evidenced by deed recorded in Deed Book 3105, Page 339, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended C1 by a vote of 3 to 2 and the staff recommended denial of C1 and approval of P2. This is the advertised public hearing set for this date and time. The public hearing opened at 8:11 p.m. Mr. Talmage Baggett, Attorney for the owner, 127 S. Cool Spring Street, Fayetteville, NC, appeared in favor of the rezoning. Mr. Baggett stated this property abuts the Eckerd's property and the 2010 Plan calls for commercial in this area. He stated the owner lived behind this property and the development of this property would not distract from the owner's home. Mr. Baggett stated it was his opinion that the best place to stop commercial development in this area would be at Chloe Drive because it would be a natural stopping point. Mr. Jack Freeman, 203 Chloe Drive, Fayetteville, NC, appeared in favor of the rezoning and stated he was the owner of the property and also the adjoining properties. He requested the rezonings be allowed. There was no one further to speak in favor. Mr. Bob Henderson, a representative for Peace Presbyterian Church, 3203 Ramsey Street, Fayetteville, NC, appeared in opposition of the rezoning. He stated some of the church members supported the P2 rezoning but he wanted the zoning to remain residential to keep the area from changing in a negative way. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:26 p.m. MOTION: Councilmember Worthy moved to accept staff's recommendation for P2. SECOND: Councilmember Williams Councilmember Milligan stated the schools and churches needed to be protected and the area should be left R10. Councilmember Williams stated a vote against rezoning would be a vote against economic development. Councilmember Kendrick stated he had a problem with the depth of the lot and expressed his opposition to the motion. Councilmember Talbot asked Mr. Baggett if P2 would be acceptable to his client. The reply was in the affirmative. VOTE: Passed by a vote of 7 in favor (Councilmembers Worthy, Talbot, Fogleman, Williams, Massey, Haire and Mayor Dawkins casting the tie-breaking vote) to 6 in opposition (Councilmembers McBryde, Cheek, Kendrick, Kizer, Milligan and Smith) Mayor Dawkins stated a second reading would be held on this motion because the lack of a required two-thirds votes. D. P98-34F. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 102 Chloe Drive. Containing .40 acres more or less and being the property of The Fayetteville Bible Chapel as evidenced by deed recorded in Deed Book 4780, Page 468, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated this lot was next to the previous item. He stated the Zoning Commission recommended approval of C1 and the staff recommended denial of C1 and approval of P2. This is the advertised public hearing set for this date and time. The public hearing opened at 8:50 p.m. Mr. Gerald M. Newman, 3216 Wedgewood Drive, Fayetteville, NC, appeared in favor of the rezoning. Mr. Newman stated he would like to be treated like the previous item. Mr. Talmage Baggett stated P2 would be acceptable and the line for commercial zoning should be drawn with Chloe Drive. Mr. Robert Jackson, a deacon of the Fayetteville Bible Chapel, stated his support for the rezoning. There was no one else to appear in favor of the rezoning. Mr. Bob Henderson, a representative of the Peace Presbyterian Church, 3202 Ramsey Street, Fayetteville, NC, appeared in opposition. Mr. Henderson stated that there is definitely a market for residential in this area. There was no one else present to speak either in favor or opposition and the public hearing closed at 8:55 p.m. MOTION: Councilmember Smith moved to deny the rezoning requested and leave it R10. SECOND: Councilmember Milligan Discussion was held regarding the type of zoning that should be in this area. VOTE: Failed by a vote of 7 in opposition (Councilmembers Cheek, Worthy, Talbot, Fogleman, Williams, Massey, and Haire) to 5 in favor (Councilmembers McBryde, Kendrick, Kizer, Milligan and Smith) MOTION: Councilmember Worthy moved to approve the P2 zoning request. SECOND: Councilmember Haire Councilmember Cheek stated she would support this motion because she could not see leaving an adjacent parcel of land isolated but she had reservations about the philosophy being used tonight about what might be happening around the property. She stated she had not heard the staff state residential viability was not good for Ramsey Street. Ms. Cheek stated this was not an endorsement for continuing commercial and professional uses in a residential area. VOTE: Passed by a vote of 7 in favor (Councilmembers Cheek, Worthy, Talbot, Fogleman, Williams, Massey and Haire) to 5 in opposition (Councilmembers Kendrick, Smith, Kizer, Milligan and McBryde) Mayor Dawkins stated there would be a second reading on this item because the two-thirds required vote was not obtained. E. P98-37F. Consideration of revisions and amendments to Chapter 32, Zoning, Article IV, Section 32-22(17.1) (Towers) creating a Tower Overlay District for the location of communication towers to allow clusters of towers in inconspicuous areas; requirement that no tower outside a tower overlay district be constructed within 1,500 feet to any other tower or tower overlay district; requirement that towers be galvanized or painted; requirement that photo imagery to superimpose the facility onto the existing site plan be submitted with application; all towers must be monopole in construction except TV, radio and those designated by City Council, towers shall be allowed in utility substations with only site plan approval; provision to allow existing towers to be replaced with a tower that increases its present number of co-locators, but shall not exceed 199 feet or 115 percent of the height of the old tower, whichever is less, with site plan approval. Ms. Kathy Kem of the Planning Division staff presented this item. Ms. Kem gave the history of the ordinance being amended and informed the Council that in their review and deliberation of this ordinance, they should consider the following: 1. Telecommunication towers are here and will continue to be built. This is happening in Fayetteville as well as other cities throughout the United States. Cities and counties do not have the authority to prohibit telecommunication companies from installing equipment in order to provide service. 2. Cities and counties do have the authority to place reasonable requirements that lessen the impact of the telecommunication equipment. Ms. Kem presented the key points to the recommended revisions as follows: 1. Tower Overlay District. The purpose of this district is to establish areas in which more than one tower may be installated. The current ordinance requires a minimum separation of 1,500 feet from another tower. However, there may be locations where additional towers would be appropriate. One example is the Hoffer Water Plant. The City Council approved a Special Use Permit for a tower at those locations. There is no residential development for approximately 2,500 feet from the tower location. It does not make sense to require a 1,500 foot separation requirement from this site. An additional one, two, three or more towers could be constructed in this area and no one would notice. The overlay district would allow the additional towers. The tower overlay district for a particular area would require action by the Zoning Commission and the City Council like any other overlay district request. 2. "Drop and Swap". This expression describes the provision for dismantling an existing telecommunication tower and replacing the tower in virtually the same location. The difference being the new tower must include space for additional carriers. If an existing tower provided for only two carriers, then that tower could be dismantled and replaced by another tower in the same location as long as the new tower carried the capabilities of handling three or more carriers. This provision also allows the new tower to be 15% higher than the old tower or a maximum of 199 feet, whichever method is less. A tower that is 150 feet tall can be replaced under this provision with another tower with a maximum height of 172.5 feet. This provision does nothing for people who are unhappy about the location of an existing tower, but it may prevent the construction of another tower in a location where no tower existed before. 3. PWC Substations. PWC substation sites are designed as possible tower location sites. These sites are spread around the community with landscaping buffering and PWC equipment located within the landscape area. These sites already contain a 75-foot high ground antenna that serves as a lightning rod. The telecommunication tower would replace the ground antenna. These three proposals do not require a Special Use Permit. However, they would have to meet the standards in the ordinance as if it were a Special Use Permit. The tower overlay district would only apply after City Council designated an area as a tower overlay district. There is no set size or number for tower overlay districts. A discussion was held regarding the height restrictions of the tower, the location of the tower overlay districts, and how the Drop and Swap provision would apply to nonconforming towers. Councilmember Cheek requested to amend the ordinance so that the "Drop and Swap" provision would not apply to the nonconforming towers without going to the Council for approval. Councilmember Smith inquired about the impact of requiring more than one co-location on a tower. Ms. Kem stated that most towers already have two, but the ordinance is requiring one and she would need a legal opinion about a requirement of two. Councilmember Kendrick requested the Planning Division provide information on the number of co-locations that currently exist in Fayetteville. This is the advertised public hearing set for this date and time. The public hearing opened at 9:25 p.m. Mr. Scott B. Smith, GTE, 6501 Weston Parkway, Cary, NC, appeared in favor of the ordinance amendment. Mr. Scott stated that the order of his company's use was water towers first, buildings second, existing towers third, and new towers as a last option. He stated all of their towers are designed for at least two co-locations. Mr. Andrew B. Colbow, Triton PCS, 4055 Faber Place, Suite 101, Charleston, SC, appeared in favor of the changes. Mr. Colbow stated that existing structures were always looked at first because it was the best economic decision. Ms. Katherine Wilkerson, Lynch, Eatman and Twitty Law Firm representing 360º Communications, 2626 Glenwood Avenue, Raleigh, NC, appeared in favor. Ms. Wilkerson stated she echoed each of the previous speakers and wished to thank the Planning staff for their excellent cooperation. There was no one else present to speak either in favor or opposition and the public hearing closed at 9:31 p.m. After discussion, City Attorney Robert Cogswell recommended changing the ordinance by inserting the word carriers in section (b) after the word "capacity" and to add to section (x) the sentence, "replacement of nonconforming towers regardless of location shall require the issuance of a Special Use Permit by City Council". AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, ARTICLE II, ESTABLISHMENT OF DISTRICTS AND THE PURPOSE THEREOF, AND ARTICLE IV, DISTRICT USE REGULATIONS. ORDINANCE NO. S1998-008. MOTION: Councilmember Smith moved to approve the ordinance with the changes made by the City Attorney. SECOND: Councilmember Worthy VOTE: UNANIMOUS MOTION: Councilmember Worthy moved to rescind the moratorium to be effective August 4, 1998. SECOND: Councilmember Talbot VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1998. F. Consideration of revisions and amendments to the Fayetteville Code of Ordinances by adding Chapter 25B, Storm Water Management. Mr. Greg Caison, Storm Water Services Manager, presented this item. Mr. Caison stated this request is being made because there was a current need for growth in regards to drainage and to provide requirements to reduce the impact of upstream development. He stated a separate but similar ordinance had been drafted for Cumberland County and that the design manual which is referenced in both ordinances will be the same for both City and County. Mr. Caison stated the proposed effective date would be February 1, 1999. He said the ordinance was needed to do both quality and quantity control. This is the advertised public hearing set for this date and time. The public hearing opened at 9:40 p.m. There was no one present to speak in favor of this item. Mr. Walter C. Moorman, 1609 Pugh Street, Fayetteville, NC, appeared in opposition. Mr. Moorman expressed his concern about the water quantity issue. He stated the retention of water sometimes exasperates the problem by increasing the peak flow and not allowing the initial flush to go downstream. He stated he felt the small storm water ponds created problems in the cost to design, the cost to build, and the cost to construct. Mr. Moorman asked the Council to delay action until some engineers and other persons of interest had studied the impact of the requirements. He stated he felt it would be beneficial to allow further studies and he volunteered his time and help. Mr. Dohn Broadwell, 110 Lamb Street, Fayetteville, NC, appeared in opposition. Mr. Broadwell stated he was appearing because he was on the Legislative Land Development Committee of the Homeowners Association. He stated the building industry has had zero input into this process and there is a general lack of knowledge. Mr. Broadwell stated the industry that is being impacted the most should have some say about the issue. He stated the building industry has a real concern about the mandated requirements that are effecting the cost of homes and in particular the starter homes. Mr. Broadwell said that mobile homes are being brought in as an alternative and the cleanup from this trend will be a real problem for the City. There was no one further to speak either in favor or opposition and the public hearing closed at 9:55 p.m. MOTION: Councilmember Milligan moved to table this item to allow for further input and comment. SECOND: Councilmember Massey City Attorney Robert Cogswell asked for clarification on who would be a part of the study. Councilmember Milligan stated it should be all interested parties, people in the community and homebuilders. Mayor Pro Tem McBryde stated he thought the staff should sit down with Mr. Broadwell's committee and discuss the issue and then come back to the Council. Councilmember Milligan stated this would be fine. A 90-day time limit was placed on this process. Councilmembers expressed their opinion that input was needed and the ordinance needed to address long-range effects because retro-fitting was not an easy or cheap way to fix the problem. VOTE: UNANIMOUS 4. Consideration of the following issues related to the annexation of Area 3-B (Lafayette Village and Gallup Acres): A. Consideration of approval of amendments to Annexation Report for Area 3-B. Councilmember Kizer abstained from discussion or voting on this item. City Manager Roger Stancil presented this item. Mr. Stancil requested the following amendments be made to the Annexation Report for Area 3-B regarding water and sewer services: (1) amendment to Table of Contents, (2) text amendments and amendments to Map 5 of Section A, and (3) text amendments to Section B. MOTION: Mayor Pro Tem McBryde moved to approve the amendments as presented in the packet. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Kizer abstaining) B. Consideration of adoption of 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 (City-initiated annexation) (Area 3-B; Lafayette Village and Gallup Acres) (Recommended effective date is June 30, 1999). 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. ANNEXATION ORDINANCE NO. 98-08-434. MOTION: Councilmember Smith moved to approve the annexation of Area 3-B. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Kizer abstaining) Councilmember Cheek stated there was a policy whereby Community Development funds could be used for street assessments but not water and sewer assessments and she requested that the staff address this issue. MOTION: Councilmember Cheek moved to refer to staff the use of Community Development funds for water and sewer assessments for eligible homeowners. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Kizer abstaining) 5. Consideration of the following actions regarding the Solid Waste Franchise Ordinance: A. Consideration of amendment to Solid Waste Franchise Ordinance. City Manager Roger Stancil presented this item. He recommended approval. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 14-32 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1998-009. MOTION: Councilmember Kendrick moved to approve the amendment of the Solid Waste Franchise Ordinance. SECOND: Councilmember Talbot VOTE: 11 to 1 (Mayor Pro Tem McBryde in opposition) B. Second reading of ARS Franchise Ordinance. This is the second reading for this item. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE GRANTING A FRANCHISE TO ARS, INC. ORDINANCE NO. NS1998-033. MOTION: Councilmember Worthy moved to approve. SECOND: Councilmember Cheek VOTE: 11 to 1 (Mayor Pro Tem McBryde in opposition) Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Books NS1998 and S1998. 6. Consideration of offer to lease space in the Amtrak Train Station on Hay Street. Councilmember Worthy abstained from discussion or voting on this item. City Manager Roger Stancil presented this item. He gave the Council the following choices for action: (a) authorize an advertisement that the Council would consider adopting a resolution authorizing the lease, subject to notice to the current tenant to vacate within 30 days; (b) consider an offer of the space in the municipal market building; (c) authorize the City Manager to negotiate other terms for the proposed lease; or (d) decline the offer. MOTION: Councilmember Smith moved to deny the lease but to refer the request to Fayetteville Partnership to locate property for this group. SECOND: Councilmember Milligan A discussion was held. VOTE: 10 in favor to 1 in opposition (Councilmember Williams in opposition and Councilmember Worthy abstaining) 7. Consideration of a petition to close portions of Eugene Street from Camden Road to Burnett Street. RESOLUTION OF INTENT TO CLOSE PORTIONS OF EUGENE STREET AND CALLING FOR A PUBLIC HEARING REGARDING SAID PROPOSED CLOSURE. RESOLUTION NO. R1998-079. MOTION: Councilmember Kendrick moved to approve. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 8. Consideration of rejection of bids for T-hangars. City Manager Roger Stancil removed this item from the agenda. 9. Consideration of revision to City Council Policy Number 120.5 regarding setting of public hearings. MOTION: Mayor Pro Tem McBryde moved to approve the change to Policy Number 120.5. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The policy reads as follows: CITY OF FAYETTEVILLE POLICY ON SETTING PUBLIC HEARINGS Unless it is required by law that a public hearing be set by the City Council, the City Manager may set public hearings that are required prior to the City Council taking action on a matter. The City Council will be notified of these hearings through Administrative Reports. The City Manager shall set a public hearing when the Zoning Commission's recommendation for approval on a rezoning case differs from the recommendation of the Planning staff. 10. Report from Transportation Committee Councilmember Kendrick, Chairman of the Transportation Committee, presented this item. A. Connection of Christian Street with Neal Street MOTION: Councilmember Kendrick moved to recommend the original design that did not connect Neal Street with Christian Street. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS B. Connection of Jones Street to North Street MOTION: Councilmember Kendrick moved to recommend that City Council set a public hearing on the paving of Jones Street from Ramsey Street to North Street within 30 days. SECOND: Councilmember Fogleman VOTE: 11 to 1 (Councilmember Smith in opposition) C. Use of speed humps on City streets MOTION: Councilmember Kendrick moved to recommend that speed humps be installed on Havilah and McCallan Drives as a test project and that after three months in use, it be reviewed on its effectiveness. SECOND: Councilmember Massey VOTE: UNANIMOUS A discussion was held regarding the painting of the crosswalks. D. Participation with NCDOT on installation of sidewalks on Bunce Road in conjunction with the widening project MOTION: Councilmember Kendrick moved to hold a public hearing in the Bunce Road area regarding the widening project to include sidewalk construction being done on one side of Bunce Road. SECOND: Councilmember Kizer VOTE: UNANIMOUS E. Request of transportation project by the City for the Transportation Improvement Program (TIP) projects No action was taken on this item. F. Inquiry of sidewalk installation along Ireland Drive Chief Planning Officer Jimmy Teal reported that he had made an inquiry to DOT on construction of sidewalks on Ireland Drive and that DOT had basically ruled out a sidewalk due to the lack of curb and gutter on Ireland Drive. He stated DOT does not construct sidewalks on streets that lack a curb and gutter section due to safety reasons. Mr. Teal stated that the Ireland Drive widening project was included on the Transportation Improvement Program but the project was scheduled seven years or more in the future. A discussion was held regarding possibly accelerating the process on this project. MOTION: Councilmember Kendrick moved to work with the Department of Transportation on the widening project and the sidewalk project. SECOND: Councilmember Worthy VOTE: UNANIMOUS 11. Discussion of rescinding the No Parking between 5:30 a.m. and 7:30 a.m. on weekdays on Avon Street. (Requested by Councilmember Paul Williams) MOTION: Councilmember Williams moved to rescind the No Parking on Avon Street. SECOND: Councilmember Worthy A discussion was held regarding a possible solution for this parking problem. VOTE: Passed by a vote of 7 in favor (Councilmembers McBryde, Kendrick, Smith, Fogleman, Kizer, Milligan and Mayor Dawkins casting the tie-breaking vote) to 6 in opposition (Councilmembers Cheek, Worthy, Talbot, Williams, Massey, and Haire) Mayor Dawkins stated a second reading would be required on this item because it did not reach the two-thirds required vote. 12. Discussion of elimination of requirement to construct sidewalks for residential development. (Requested by Councilmember Paul Williams) MOTION: Councilmember Williams moved to remove the requirement for sidewalks in residential areas. SECOND: Councilmember Talbot SUBSTITUTE MOTION: Councilmember Cheek moved to delay consideration until the staff has finished the sidewalk study in two months. SECOND: Councilmember Smith A discussion was held. SUBSTITUTE MOTION VOTE: Passed by a vote of 8 in favor (Councilmembers McBryde, Cheek, Kendrick, Smith, Fogleman, Milligan, Massey, and Haire) to 4 in opposition (Councilmembers Worthy, Talbot, Kizer and Williams) 13. APPOINTMENTS: A. Update on Mayoral appointments to Historic and Scenic Sites Committee. B. Approve Brigadier General John R. Vines revisions and appointments to the Human Relations Commission: 1. Appoint Lieutenant Colonel Kathleen L. Seith as regular representative. 3. Appoint Sergeant Major Kent L. Edwards to the alternate position. MOTION: Councilmember Kizer moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 14. ADMINISTRATIVE REPORTS: A. Update on golf course lease proposal. B. Information on business encroachment in residential neighborhoods. (Requested by Councilmember Paul Williams.) C. Report on water service for Morris Street/Karr Drive residents. Councilmember Kendrick requested the information he requested on Luther Avenue be provided to him before any action is taken on this item. He requested that it be postponed for 30 days. D. Proposal on revised historic district ordinance. MOTION: Mayor Pro Tem McBryde moved to refer this to the Development Committee for their review. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 15. Closed session to discuss property acquisition. MOTION: Councilmember Smith moved to go into closed session to discussion property acquisition and economic development. SECOND: Councilmember Talbot VOTE: UNANIMOUS The closed session began at 10:59 p.m. Councilmember Haire left the meeting at 11:16 p.m. The regular session resumed at 11:34 p.m. INFORMATION ITEMS: 1. Invitation to Ribbon Cutting for Beechwood Apartments. 2. Thank you letter from City Manager to Covenant Love Family Church for donation to the City of Fayetteville. 3. Copy of letter to Superintendent of Cumberland County Schools regarding warning lights in school zones. 4. Response to Councilmember Don Talbot regarding grinder pump lots within Phase II Annexation Area. 5. Information on buildings the City leases to the Arts Center, Women's Center. (Requested by Councilmember Don Talbot) 6. Report on projected schedule of resurfacing currently milled streets. 7. Information from NCDOT on July 7 Local Officials Meeting and Citizens Informational Workshop for Bingham Road/Fisher Road/Raeford Road project. 8. Report on City participation in Empowerment Zone competition. 9. Parks and Recreation Advisory Commission - minutes of June 11, 1998. 10. Airport Commission - minutes of June 22, 1998. MOTION: Councilmember Smith moved to adjourn. SECOND: Councilmember Fogleman VOTE: UNANIMOUS There being no further business, the meeting adjourned at 11:35 p.m. REGULAR MEETING AUGUST 17, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER AUGUST 17, 1998 7:00 P.M Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer/Assistant City Manager Ben Brown, Chief Development Officer/Assistant City Manager Robert C. Cogswell, Jr., City Attorney Tom McNeill, PWC Property Acquisition Manager Vera Bell, Chief Operating Officer, Solid Waste Frank Simpson, Inspections Director Victor Sharpe, Planning Division Manager Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Donald Cooper, of Sperring Memorial Baptist Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins recognized Boy Scout Troop 6 from Saint Andrew's United Methodist Church and Boy Scout Troop 787 from Saint Patrick's Catholic Church. Mayor Dawkins expressed condolences to the family of Mr. W.G. Clark, a former sheriff of Cumberland County and officer with the Fayetteville City Police Department. Councilmember Talbot introduced his daughter, Laurel Talbot, a recent graduate of the Masters Program at Leslie College, Cambridge, Massachusetts. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to remove Item 10, consideration of proposed golf course lease agreement, and to add Item 2.N, consideration of approval of condemnation resolutions for the Cape Fear Drainage Mitigation Project. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with the recommended deletion of Item 10 and addition of Item 2.N. SECOND: Councilmember Fogleman VOTE: UNANIMOUS Councilmember Kizer requested to abstain from discussion or voting on Item 11, consideration of approval of Storm Water Engineering Services contract to services related to NPDES permit. MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Kizer to abstain from Item 11. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmember Kizer abstaining) 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Kendrick requested to pull Item 2.J. MOTION: Councilmember Kizer moved to approve the consent agenda with the exception of Item 2.J. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The following items were unanimously approved: A. Approve minutes of regular meeting of August 3, 1998. B. Approve tax refunds greater than $100. Name Year Basis City Refund Centura Bank Leasing 1997 Corrected Tax District $193.67 Centura Bank Leasing 1997 Corrected Tax District $252.82 Total $446.49 C. Approve transfer of title to Lots 26, 27 & 28 in Habitat Village to Fayetteville Area Habitat for Humanity. D. P98-35F. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on Larkspur Drive near Spyglass Drive. Containing 2.11 acres more or less and being the property of Biltwell, Inc. as evidenced by map and legal description furnished by the City of Fayetteville, being all of Annexation Ordinance Number 98-06-432, and being annexed by the City of Fayetteville, effective June 15, 1998. E. P98-36F Approve the initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located at 117, 121, 125, 129, and 133 Longview Drive known as Longview Green Apartments. Containing 6.56 acres more or less and being the property of Longview Green Associates, Limited Partnership as evidenced by map and legal description furnished by the City of Fayetteville, being all of Annexation Ordinance Number 98-06-433, and being annexed by the City of Fayetteville, effective June 15, 1998. F. Approve the following Municipal Agreements with N.C. DOT: 1. Cliffdale/All-American Freeway utility relocation/sidewalk. 2. Murchison Road/Martin Luther King, Jr. Freeway landscaping project. 3. Enhancement funds for construction of sidewalk on Morganton Road (Bonanza Drive to Wayah Creek Drive) and Bonanza Drive (Santa Fe Drive to Yadkin Road). G. Set Public Hearing for September 21, 1998, to consider name change of McFayden Drive to McFadyen Drive. H. Approve Memorandum of Understanding with FTCC for BLET at Police Training Facility. I. Adopt ordinance ordering the demolition of property located at 1905 Bragg Boulevard. (Owners: Roy Massengill and Pete Pavlikianidis). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ORDERING THE DEMOLITION AND REMOVAL OF A DWELLING PURSUANT TO CHAPTER 16, ARTICLE 3, SECTIONS 16-46(a), OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. NS1998-034. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. J. Pulled for discussion by Councilmember Kendrick. K. Reject bids for T-hangars. L. Approve bid award to Hesco, Inc. (Smithfield, NC), for purchase of two (2) 72.5 KV Outdoor Power Circuit Breakers, with option to order additional units within a one-year period, in the amount of $64,500.00. (PWC) Bids were received as follows: Hesco, Inc. (Smithfield, NC) $64,500.00 WESCO (Raleigh, NC) $74,480.00 GEC Alsthom (Charleroi, PA) $66,900.00 M. Approve cancellation of City Council Information Meeting scheduled for August 24, 1998. N. Consideration of approval of Storm Water Engineering Services contract to services related to NPDES permit. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY, CAPE FEAR DRAINAGE MITIGATION. RESOLUTION NO. R1998-080. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY, CAPE FEAR DRAINAGE MITIGATION. RESOLUTION NO. R1998-081. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY, CAPE FEAR DRAINAGE MITIGATION. RESOLUTION NO. R1998-082. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY, CAPE FEAR DRAINAGE MITIGATION. RESOLUTION NO. R1998-083. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY, CAPE FEAR DRAINAGE MITIGATION. RESOLUTION NO. R1998-084. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY, CAPE FEAR DRAINAGE MITIGATION. RESOLUTION NO. R1998-085. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1998. J. Adopt Preliminary Resolution requiring the paving without petition of Jones Street from Ramsey Street to North Street and setting public hearing for September 8, 1998. Councilmember Kendrick questioned the procedure being used on this item. City Manager Roger Stancil stated this was the best procedure to be used because it would avoid having to schedule a second public hearing. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF JONES STREET FROM RAMSEY STREET TO NORTH STREET. RESOLUTION NO. R1998-086. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 3. P98-31F. Consideration of approval of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 3518 & 3522 Village Drive. Containing .68 acres more or less and being the property of Effie Lenora MacFadden; and Stacy & Emily MacFadden, Jr. as evidenced by deed recorded in Deed Book 2205, Page 7; and 3565, Page 801, respectively, Cumberland County Registry. (SECOND READING REQUIRED) This is the second reading on this item. No discussion was held. MOTION: Councilmember Williams moved to approve rezoning from R10 Residential to P2 Professional District. SECOND: Councilmember Worthy VOTE: Passed by a vote of 7 in favor (Councilmembers Worthy, Talbot, Fogleman, Kizer, Williams, Massey and Haire) to 5 in opposition (Councilmembers McBryde, Cheek, Kendrick, Smith and Milligan) 4. P98-29F. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 106 Chloe Drive. Containing 1.0 acres more or less and being the property of Theodore & Thelma Kinney; and Jack & Junetta Freeman as evidenced by deed recorded in Deed Book 3105, Page 339, Cumberland County Registry. (SECOND READING REQUIRED) This is the second reading. No discussion was held on the item. MOTION: Councilmember Worthy moved to rezone from R10 Residential to P2 Professional District. SECOND: Councilmember Williams VOTE: Passed by a vote of 7 in favor (Councilmembers Worthy, Talbot, Smith, Fogleman, Williams, Massey and Haire) to 5 in opposition (Councilmembers McBryde, Cheek, Kizer, Kendrick and Milligan) 5. P98-34F. Consideration of the rezoning from R10 Residential District to P2 Professional Business District or to a more restrictive zoning classification for an area located at 102 Chloe Drive. Containing .40 acres more or less and being the property of The Fayetteville Bible Chapel as evidenced by deed recorded in Deed Book 4780, Page 468, Cumberland County Registry. (SECOND READING REQUIRED) This is the second reading. No discussion was held on the item. MOTION: Councilmember Williams moved to rezone from R10 Residential to P2 Professional District. SECOND: Councilmember Worthy VOTE: Passed by a vote of 7 in favor (Councilmembers Worthy, Talbot, Fogleman, Williams, Massey, Haire, and Mayor Dawkins casting the tie-breaking vote) to 6 in opposition (Councilmembers McBryde, Kendrick, Cheek, Smith, Kizer and Milligan) 6. Second reading of ordinance rescinding the No Parking between 5:30 a.m. and 7:30 a.m. on weekdays on Avon Street. This is the second reading of this item. No discussion was held. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. TRAFFIC SCHEDULE NUMBER 17 - RESTRICTED PARKING. AVON STREET BOTH SIDES FROM WALTER REED ROAD TO SANDHURST DRIVE. ORDINANCE NO. NS1998-035. MOTION: Councilmember Williams moved to approve. SECOND: Councilmember Cheek VOTE: Passed by a vote of 7 in favor (Councilmembers McBryde, Cheek, Worthy, Talbot, Williams, Massey and Haire) to 5 in opposition (Councilmembers Kendrick, Smith, Fogleman, Kizer and Milligan) 7. Consideration of request to address City Council from Edgar Lampkin regarding yard waste disposal and collection. Mr. Edgar Lampkin, 809 Cape Fear Avenue, Fayetteville, NC, addressed the Council regarding yard waste disposal and collection. Mr. Lampkin stated the ordinance requiring containerization of yard waste has had negative consequences and it appeared there is lack of enforcement by the City. Mr. Lampkin stated yard debris is still on the streets and the policy invites dumping yard debris on undeveloped properties. He stated that Councilmember Haire had been through the neighborhood and could attest to the fact that violations he observed months ago are still in place. Mr. Lampkin made the following recommendations: (1) City Council commission a small task force or work group of councilmembers to evaluate the problem, consult with pertinent City agencies, and maybe neighborhood watches, and present recommendations as appropriate to remedy the situation; (2) City Council augment Sanitation Department resources sufficient to correct current deficiencies now - whether by issuing citations or by actually cleaning up the mess - or both; (3) City Council develop an interdepartmental violations reporting form and system-- one which tracks violations until they are resolved. The forms could be used by Sanitation, Inspections, Police, Parks and Recreation, Traffic Services, Street Services, PWC or whoever has vehicles and eyes and ears on our streets; and (4) City Council consider an exception to the policy for the elderly or handicapped. MOTION: Councilmember Cheek moved to ask the staff to develop a proposal to correct the situation and bring it back to Council within 60 days. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 8. Consideration of request to address City Council from Linden Spear, Director, The Haven - Friends for Life Animal Sanctuary, regarding functions of the organization. Linden Spear was not present to address the Council. 9. Consideration of request from Convention and Visitors Bureau regarding CIAA Basketball Tournament. Mr. Doug Traub, Director, Convention and Visitors Bureau, presented this item. Mr. Traub requested the Council's support. RESOLUTION SUPPORTING A BID FOR THE CIAA BASKETBALL TOURNAMENT TO BE HOSTED IN FAYETTEVILLE AND CUMBERLAND COUNTY IN 2000-2002. RESOLUTION NO. R1998-087. MOTION: Mayor Pro Tem McBryde moved to endorse this and to do everything the City and Council can do to make the event happen. SECOND: Councilmember Haire VOTE: UNANIMOUS A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 10. Consideration of proposed golf course lease agreement. This item was removed from the agenda. 11. Consideration of approval of Storm Water Engineering Services contract for services related to NPDES Permit. City Manager Roger Stancil presented this item. Mr. Stancil recommended the Council authorize him to negotiate and execute the contract. MOTION: Councilmember Kendrick moved to approve the City Manager's recommendation. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Kizer abstaining) 12. Report from Policy Committee. A. Discussion of purchase of food for City functions. Mayor Pro Tem McBryde presented this item. Mr. McBryde stated that after a lengthy discussion at the Policy Committee meeting, a decision was made that no changes or policy would be adopted regarding the purchase of food for City functions. MOTION: Councilmember Milligan moved to have City councilmembers reimburse the City for any food served at Council, Committee, or Workshop meetings unless a decision is made by Council to do otherwise. SECOND: Councilmember Williams Council held a discussion regarding the pros and cons of scheduling meetings at mealtimes and the purchasing of food for councilmembers and volunteers working with the City. Mr. Stancil explained the difference between exempt employees and nonexempt employees as far as reimbursement for overtime hours. VOTE: Failed by a vote of 7 in opposition (Councilmembers McBryde, Cheek, Worthy, Talbot, Massey, Haire and Fogleman) to 5 in favor (Councilmembers Kendrick, Smith, Kizer, Milligan, and Williams) B. Discussion of Policy #160.6, Acceptance of Private Streets for City Maintenance. Mayor Pro Tem McBryde presented this item. He recommended approval of the policy changes. MOTION: Mayor Pro Tem McBryde moved to accept the policy changes. SECOND: Councilmember Worthy VOTE: UNANIMOUS The revised policy reads as follows: 1. It shall be the policy of the City Council of the City of Fayetteville upon the petition of all property owners to accept for City maintenance only the private streets that meet City of Fayetteville public street standards. 2. In cases where the City annexes a street into the City that has been previously dedicated to NCDOT but not yet accepted, the City Engineer will inspect the street and make a recommendation to the City Council. If NCDOT has issued a letter advising that construction of the street meets the standards of NCDOT, the City may accept maintenance of the street. 13. APPOINTMENTS: A. Joint Storm Water Advisory Board - appointment of Alicia S. Chisolm to serve as Joint City-County appointee. MOTION: Councilmember Worthy moved to appoint Alicia S. Chisolm to serve as Joint City-County appointee to the Joint Storm Water Advisory Board. SECOND: Councilmember Smith VOTE: 11 in favor to 1 in opposition (Councilmember Talbot opposed) 14. ADMINISTRATIVE REPORTS A. Approve referral of Update on Economic Development Management Team Reports to the Development Committee. MOTION: Mayor Pro Tem McBryde moved to refer this item to the Development Committee SECOND: Councilmember Smith VOTE: UNANIMOUS B. Report on Transportation Improvement Program (TIP) process for fall. C. Report on water service for Morris Street/Karr Drive Residents. City Manager Roger Stancil stated he would proceed with PWC's recommendation. 15. Evaluation of City Attorney MOTION: Councilmember Kendrick moved to go into closed session to discuss the evaluation of the City Attorney. SECOND: Councilmember Milligan VOTE: UNANIMOUS The closed session began at 7:55 p.m. with the regular session resuming at 9:24 p.m. MOTION: Councilmember Smith moved that based on the good performance of the City Attorney for the past two years, the City Attorney would receive an annual salary of $94,000 to be effective the next pay period. SECOND: Councilmember Milligan VOTE: 10 in favor to 2 in opposition (Councilmembers Talbot and Williams) INFORMATION ITEMS: 1. Statement of taxes collected for the month of July 1998, from the Cumberland County Tax Administrator. 1998 Taxes $529,249.24 1998 Vehicle Taxes 128,855.70 1998 Revit 2,583.01 1998 Vehicle Revit 90.70 1998 FVT 17,545.00 1998 Storm Water 38,048.12 1997 Taxes 40,960.61 1997 Vehicle Taxes 71,205.13 1997 Revit 7.60 1997 Vehicle Revit 48.86 1997 FVT 9,412.76 1997 Storm Water 4,366.23 1996 Taxes 19,046.50 1996 Vehicle Taxes 1,149.85 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 205.00 1996 Storm Water 1,427.87 1995 Taxes 5,012.10 1995 Vehicle Taxes 249.10 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 45.00 1995 Storm Water 737.90 1994 & Prior Taxes 5,653.82 1994 & Prior Vehicle Taxes 106.89 1994 & Prior Revit 0.00 1994 & Prior Vehicle Revit 0.00 1994 & Prior FVT 20.00 Interest 11,219.91 Interest (Revit) 0.56 Interest (Storm Water) 697.08 Fayetteville Discount (10,055.88) Revit. Discount (51.70) Total Collections $877,836.96 2. Report of tax refunds less than $100. Name Year Basis City Refund Pence, Matthew Glenn Pence, Dane Michell 1997 Military Non-Resident $3.40 Christian, David Philip 1997 Military Non-Resident 5.50 Baker, Michael Devon Baker, Stephen Jr. 1997 Military Non-Resident 8.07 Darden, Silas Vandell Jr. 1996 Military Non-Resident 27.97 Williams, Derek Ray 1998 Military Non-Resident 38.36 Elliot, Michael Lee & Benson, Laura 1997 Corrected Tax District 41.38 Perez, Carlos Miguel 1997 Military Non-Resident 96.96 Total $221.64 3. Copy of letter from PWC to Representative Hurley regarding amendment to Senate Bill Number 1354. 4. Copy of letter to St. Charles Investment Group regarding proposal to lease a section of train station on Hay Street. 5. Traffic Operations on Hay Street from Woodside Avenue to MLK Freeway. (Requested by Councilmember Mark Kendrick) 6. Update on HUD funding. 7. Planning Department Monthly Report for July 1998. (Inserted in packet) MOTION: Councilmember McBryde moved to adjourn. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The meeting adjourned at 9:25 p.m. REGULAR MEETING SEPTEMBER 8, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 8, 1998 7:00 P.M Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Councilmember Darrell J. Haire (District 4) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer/Assistant City Manager Ben Brown, Chief Development Officer/Assistant City Manager Robert C. Cogswell, Jr., City Attorney Tom McNeill, PWC Property Acquisition Manager Mick Noland, PWC Water and Sewer Department Frank Simpson, Inspections Director Victor Sharpe, Planning Division Manager Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Ronnie Reynolds, of Bonnie Doone Baptist Church, followed by Mayor Dawkins leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins recognized Boy Scout Troop 77 from Snyder Memorial Baptist Church. Mayor Dawkins extended condolences to the family of Mr. George Markham, a former City Councilmember. Mr. Markham served on the Council from 1977 to 1979. Mayor Dawkins announced the Character Education Concept for September 1998 was respect. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Haire from the meeting until he arrived. SECOND: Councilmember Talbot VOTE: UNANIMOUS 1. APPROVAL OF AGENDA Councilmember Kizer requested to abstain on Items 2.B, 2.I, 2.J, 2.K, 2.N, and 3.A. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Kizer from discussion or voting on Items 2.B, 2.I, 2.J, 2.K, 2.N, and 3.A. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Kizer abstaining and Councilmember Haire excused) City Attorney Robert Cogswell requested to add Item 14.B, a closed session to discuss litigation, Metro Air Center, Ltd. vs. the City of Fayetteville. MOTION: Councilmember Massey moved to approve the agenda with the changes. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Haire excused) 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Mayor Pro Tem McBryde requested to pull Items 2.B, 2.I, 2.J, 2.K, and 2.N. Councilmember Cheek requested to pull Items 2.F and 2.H. MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exception of Items 2.B, 2.I, 2.J, 2.K, 2.N, 2.F and 2.H. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Haire excused) MOTION: Councilmember Kendrick moved to approve Items 2.B, 2.I, 2.J, 2.K and 2.N with Councilmember Kizer abstaining. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Kizer abstaining and Councilmember Haire excused) The following items were approved: A. Approve minutes of regular meeting of August 17, 1998. B. Approve Annexation Agreement between City of Fayetteville and Cumberland County Board of Education for Warrenwood Elementary and Pine Forest Junior High School utility extension. C. Adopt resolution approving an installment financing contract with Craigie Incorporated - Governmental Finance for a 1993 Pierce 100 foot Ladder Platform Fire Truck. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT PURSUANT TO N.S.G.S. § 160A-20. RESOLUTION NO. R1998-088. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. D. Adopt Special Revenue Project Ordinance Amendment Number 99-1 (HUD-CDBG FY98-99). This ordinance appropriates proceeds awarded to Community Development in the amount of $1,116,000 by the U.S. Department of Housing and Urban Development for the Community Development Block Grant program. The ordinance also appropriates $50,000 in program income from CDBG loan repayments. Funds will be utilized for the following projects: City-wide rehabilitation loan pool, emergency home repair, assistance for homeless, development and operation of Neighborhood Resource Centers, street paving assessment assistance, Orange Street School restoration, Old Wilmington Road picnic shelter, Neighborhood Improvement groups, HUD 108 Loan repayment, Fayetteville State University business incubator, FSU/College Heights Micro-Enterprise loans, and the down-payment loan pool. E. Adopt Special Revenue Project Ordinance Number 99-1 (HUD-HOME FY98-99). This ordinance appropriates proceeds awarded to Community Development in the amount of $539,000 by the U.S. Department of Housing and Urban Development. The ordinance also appropriates $50,000 in program income and a local match of $60,638. These funds will be used to fund the City-wide rehabilitation loan pool, CHDO support and operating expenses, Longview Green Apartments' loan, and transitional housing. F. Pulled for discussion. G. Approve referral of the following traffic matters to the Transportation Committee: 1. Request for school zone speed limit on McPherson Church Road for Village Baptist Church. 2. Multi-way stop request at the intersection of McKimmon Road and McPherson Avenue. H. Pulled for discussion. I. Adopt resolution authorizing condemnation of storm drainage easement located east of Raven Place - Parcel S-1 (Scotsdale drainage). A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. 1996 FAYETTEVILLE ANNEXATION AREA 300. RESOLUTION NO. R1998-089. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. J. P98-39f. Approve the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 2925, 2927, 2929 and 2931 Breezewood Avenue and an area south of Breezewood Avenue and north of the railroad. Containing 1.81 acres more or less and being the property of A. Graham Bell; Larry W. Snider; W. Leighton Bunce, Jr. & wife; John O. Bunce and wife; and W. Leighton Bunce, Jr. et al, and A&R Railroad as evidenced by deeds recorded in Deed Book 3668, Page 0826; 2403, Page 637; 2954, Page 405; 2628, Page 173; 2578, Page 187; and 71, Page 67, respectively, Cumberland County Registry. K. P98-40F. Approve the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 2937, 2939, 2941 and 2943 Breezewood. Containing 1.32 acres more or less and being the property of W. Leighton Bunce, Jr. & wife, Mary B. Johnson; John O. Bunce & wife; and Carolina Telephone & Telegraph Company; and A&R Railroad as evidenced by deeds recorded in Deed Book 2954, Page 395; 2954, Page 400; 2054, Page 405; and 3467, Page 196; and 171, Page 67, respectively, Cumberland County Registry. L. P98-42F. Approve the rezoning from C1 Local Business District to R5 Residential District or to a more restrictive zoning classification for an area located at 456 Moore Street. Containing .36 acres more or less and being the property of St. Luke A.M.E. Church as evidenced by deed recorded in Deed Book 4011, Page 801, Cumberland County Registry. M. Approve bid award for purchase of 75, 50 KVA CSP Transformers, with option to purchase additional quantities within a one-year period, to Power Supply (Matthews, NC), low evaluated bidder (PWC), in the amount of $57,975.00 Bids were received as follows: Power Supply (Matthews, NC) $57,975.00 ERMCO c/o National Transformer (Raleigh, NC) $65,250.00 Rigby Electric (Rocky Mount, NC) $51,000.00 Eastern Electric (Rocky Mount, NC) $94,592.25 Scott-Parish (Wake Forest, NC) $61,026.00 Kuhlman (Versailles, KY) $66,000.00 WESCO (Raleigh, NC) $67,050.00 Howard Industries c/o Richardson (Kenley, NC) $72,450.00 N. Approve bid award for construction of Fire Protection Improvements and Bunce Road 12" Water main, Fayetteville Annexation, Phase II, Area 300, to T. A. Loving Company (Goldsboro, NC), low bidder, in the amount of $627,575.50. Bids were received as follows: T. A. Loving Co. (Goldsboro, NC) $627,575.50 R.H. Moore Co. (Murrells Inlet, SC) $670,950.92 Temple Grading (Lillington, NC) $676,853.17 Autry Grading (Fayetteville, NC) $678,417.17 State Utilities (Monroe, NC) $692,950.55 Blue Construction (Sanford, NC) $708,699.00 ES&J Enterprises (Autryville, NC) $719,443.00 Monroe Roadways (Fairport, NY) $864,917.33 Colt Contracting (Clinton, NC) $885,946.99 Sandhills Const. (Sanford, NC) $959,075.00 F. Adopt ordinance amending Section 26-5, Poles and Wires - Permit to Place, of the Code of Ordinances of the City of Fayetteville to include "portable basketball goals". (Requested by Councilmember Don Talbot) Councilmember Cheek pulled this item for discussion. Ms. Cheek stated she had a problem amending an ordinance when there had been no discussion on the change. MOTION: Councilmember Cheek moved to place this item on the next agenda for discussion. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS (Councilmember Haire excused) H. Adopt ordinance for two-hour parking for City Plaza Parking Lot located on Franklin Street. Councilmember Cheek requested this item be pulled and she asked for clarification on the location of the parking lot. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 20, PARKING, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1998-010. MOTION: Councilmember Cheek moved to approve the amendment. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Haire excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1998. 3. PUBLIC HEARINGS: A. Consideration of the extension of its sanitary sewer system in all or a portion of those streets in Annexation Area 3A (Cottonade/New Ponderosa/Summerhill/Four Seasons and Bonnie Doone Area). Councilmember Kizer abstained from discussion or voting on this item. Mr. Tom McNeill, PWC, presented this item. Mr. McNeill stated that main trunklines and sanitary sewer outfalls would be installed throughout the Phase 3 Annexation Area, and sanitary sewer collection mains would be installed to almost all properties west of the All American Expressway as well as to the persons who petitioned for the service. He stated the projected assessment rate would be $2,815 for the installation of main and lateral lines with a $500 facility investment fee being waived for a period of approximately six months. Mr. McNeill asked the Council to approve the installation of the utilities. This is the advertised public hearing set for this date and time. The public hearing opened at 7:22 p.m. There was no one present to speak in favor. Mr. Albert Bahoric, 6111-A Yadkin Road, Fayetteville, NC, asked that consideration be given to the possible effects a long-term work project on Yadkin Road would have on the small businessman. Mr. L. A. Barner, 337 Rhew Street, Fayetteville, NC, expressed his opposition and requested that streetlights be installed in the Bonnie Doone area. There was no one further to speak either in favor or opposition and the public hearing closed at 7:31 p.m. An in-depth discussion was held regarding the plan for the installation of the utilities, the convenience factor for the affected property owners, and the availability of grant funds. Councilmembers suggested that the project be done in geographical segments and that a report be given regarding the design of the overall plan. Councilmember Cheek requested that the streetlights in Bonnie Doone be installed. Ms. Cheek stated the funds had been made available during the budget process. City Manager Roger Stancil stated that the grants for this type of project are difficult to obtain because it is an urban area and there are no funds available for this type area. Mr. Stancil suggested that legislative changes needed to be made and that appropriations should be made in the future budgets by the Council. FINAL RESOLUTION ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, INTO ALL OR A PORTION OF COTTONADE/NEW PONDEROSA/SUMMERHILL/FOUR SEASONS AND BONNIE DOONE AREA. RESOLUTION NO. R1998-090. MOTION: Councilmember Smith moved to approve the utility extensions. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Kizer abstaining and Councilmember Haire excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. B. Consideration of adoption of a resolution ordering the paving without petition of Jones Street from Ramsey Street to North Street. Chief Planning Officer Jimmy Teal presented this item. Mr. Teal stated the staff recommended approval of the paving of Jones Street from Ramsey Street to North Street. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 7:50 p.m. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF JONES STREET FROM RAMSEY STREET TO NORTH STREET. RESOLUTION NO. R1998-091. MOTION: Councilmember Worthy moved to accept staff's recommendation. SECOND: Councilmember Massey A discussion was held regarding the need for an additional connector street onto Ramsey Street, the cost and funding of this project, and whether the property owners were aware of the assessment cost of $10 per linear foot of frontage. VOTE: Passed by a vote of 7 in favor (Councilmembers Cheek, Worthy, Smith, Fogleman, Kizer, Williams, and Massey) to 4 in opposition (Councilmembers Kendrick, McBryde, Talbot, and Milligan) (Councilmember Haire excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. C. Consideration of adoption of a resolution closing Eugene Street from Burnett Avenue to Camden Road. Chief Planning Officer Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 8:00 p.m. RESOLUTION AND ORDER CLOSING A PORTION OF EUGENE STREET. RESOLUTION NO. R1998-092. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Haire excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. D. P98-43F. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 3709 Morganton Road. Containing 1.41 acres more or less and being the property of Troy L. and Ruth G. Hooker as evidenced by deed recorded in Deed Book 768, Page 218, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Zoning Commission recommended approval of the rezoning and the staff recommended denial of the rezoning because it would be an encroachment into the residential area. Councilmembers Williams and Talbot expressed their support for the rezoning and for the use of P2 as a buffer between C1 Commercial and R10 Residential Districts. This is the advertised public hearing set for this date and time. The public hearing opened at 8:21 p.m. Ms. Ann Hooker, 3709 Morganton Road, Fayetteville, NC; Mr. Swayne Hamlet, 2514 Mirror Lake Drive, Fayetteville, NC; and Mr. John Holdren, 2705-9 Preston Woods Lane, Fayetteville, NC, appeared in favor of the rezoning. Mr. David M. Nichols, 3540 Farmbrook Road, Fayetteville, NC; Mr. Steve Harden, 215 Kirkwood Drive, Fayetteville, NC; and Mr. Ole M. Sorensen, 113 Bryce Creek Lane, Fayetteville, NC, appeared in opposition to the rezoning request. The public hearing closed at 8:50 p.m. Councilmember Smith expressed his intention to uphold the wishes of the neighbors and to protect the neighborhood. MOTION: Councilmember Smith moved to deny the rezoning request. SECOND: Councilmember Cheek Councilmember Talbot stated he could not support the motion because this was a classic example of what should be done to buffer a neighborhood. Councilmember Cheek stated her support for the motion. She pointed out that medium density residential was going into the area now and this property could be utilized the same way. Councilmember Williams expressed his support for the rezoning. Councilmember Worthy called the question. A discussion was held regarding the calling of the question and City Attorney Robert Cogswell stated it would take a two-thirds vote to call the question. VOTE: Failed by a vote of 7 in opposition (Councilmembers Worthy, Talbot, Fogleman, Kizer, Milligan, Williams, and Massey) to 4 in favor. (Councilmembers Cheek, McBryde, Kendrick and Smith) (Councilmember Haire excused) Further discussion was held. Mayor Dawkins called for a vote on Councilmember Smith's motion to deny. VOTE: Failed by a vote of 6 in opposition (Councilmembers Worthy, Talbot, Kizer, Milligan, Williams and Massey) to 5 in favor (Councilmembers McBryde, Cheek, Kendrick, Smith and Fogleman) (Councilmember Haire excused) MOTION: Councilmember Worthy moved to approve the rezoning to P2. SECOND: Councilmember Williams VOTE: Passed by a vote of 6 in favor (Councilmembers Williams, Talbot, Kizer, Milligan, Worthy and Massey) to 5 in opposition (Councilmembers McBryde, Cheek, Kendrick, Smith and Fogleman) (Councilmember Haire excused) City Attorney Robert Cogswell stated a second reading would be required. Mayor Dawkins asked to be excused from the meeting at this time due to illness. MOTION: Councilmember Cheek moved to excuse the Mayor. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmember Haire excused) Mayor Pro Tem McBryde began to conduct the meeting. 4. Consideration of site plan for Cross Creek Pond Mobile Home Park (Pritchett Street - 190 Units) Mr. Jimmy Teal, Chief Planning Officer, presented this item. He explained the approval procedure for a plan of a mobile home park site. Mr. Teal stated all of the required criteria had been met by the developer and a mobile home park was a permitted use in an area zoned R6 Residential. Mr. Teal reviewed the ingress and egress into the property. He stated the Planning Commission recommended approval of the site. Councilmember Worthy challenged the correctness of the procedures as set out in Chapter 30 of the ordinance because this ordinance had not been revised since 1965. Councilmember Worthy introduced the neighbors from the Bunce Road area and stated for the record that they did not want the mobile home park in their neighborhood because it would be detrimental and decrease the value of their homes. Mr. Worthy stated he felt because the properties would be effected adversely, there were grounds not to approve this site plan. Mayor Pro Tem McBryde asked Mr. Cogswell for clarification on the ordinance. Mr. Cogswell stated that if the current requirements in Section 30-5, Mobile Home Park Plan, were met, then the zoning requirements had been met and the condition that it did not effect the property value in his opinion was satisfied. Mr. Cogswell stated this was not like a special use permit or a conditioned use permit. It was a permitted use and if the conditions had been met and the provisions were there to allow for a planned mobile home park development, then a person would be entitled to obtain a permit. Councilmember Smith asked if all the requirements have been met, would there be legal recourse for the developer if his request were denied. Mr. Cogswell stated that based on the record to this point, he believed the developer would be entitled to legal recourse. Councilmember Worthy inquired if the property were devalued, would the property owners have recourse. Mr. Cogswell stated he did not think they would have a cause of action based on what he had seen to date of the staff's recommendation. However, Mr. Cogswell stated anyone could file a lawsuit at the courthouse. A video presentation of the mobile homes in the pertinent area was played. Further discussion was held regarding the possibility of a lawsuit against the City. MOTION: Councilmember Williams moved to accept the staff's recommendation and the Planning Commission's recommendation. SECOND: Councilmember Cheek Councilmember Massey stated he could not support the spirit of ignoring how this would impact a particular neighborhood. Councilmember Worthy stated the councilmembers work for the citizens and needed to assume responsibility for protecting this neighborhood. He stated that anything that could be brought before the Council and passed without City Council having input should not be in the ordinance. Mayor Pro Tem McBryde stated that the Council had input in this ordinance and its requirements when the ordinance had been drawn up and if the ordinance had not been changed, that was the Council's responsibility. VOTE: Passed by a vote of 6 in favor (Councilmembers Cheek, Smith, Kizer, Milligan, Williams, and McBryde) to 5 in opposition (Councilmembers Kendrick, Worthy, Talbot, Fogleman and Massey) (Councilmember Haire excused) MOTION: Councilmember Fogleman moved to place a 120-day moratorium on new mobile home applications. SECOND: Councilmember Kendrick Councilmember Cheek inquired as to what was going to be done with the moratorium because it would be unconstitutional to not allow mobile home parks. Ms. Cheek stated she felt direction needed to be given to the staff as to what was expected of them. Mr. Teal stated that the site plan in this item was above the minimum requirements and he would like to incorporate some of the ideas in this plan in the future development for mobile home parks and to address the issues of lot size and more open space. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING A MORATORIUM ON THE ISSUANCE OF PERMITS FOR NEW MOBILE HOME PARKS AS SPECIFIED IN SECTION 30 OF THE CITY CODE OF ORDINANCES. RESOLUTION NO. R1998-093. VOTE: UNANIMOUS (Councilmember Haire excused) 5. Consideration of request from Councilmember Paul Williams to allow Bryce D. Neier to address City Council regarding economic development and trade with the European Union. Mr. Bryce D. Neier addressed the Council and requested their support in the drafting of future legislature to help bring about economic development and trade with the European Union. Mr. Neier stated he was willing to volunteer his time and his law firm's time to develop a report to submit to City Council implementing a plan to establish a committee to develop this idea. Mr. Neier stated this would raise revenue and do away with personal property taxes on both a local and state level. MOTION: Councilmember Talbot moved to endorse this and to have Mr. Neier meet with the City Manager to explore the avenues and put forth his plan. SECOND: Councilmember Williams A discussion ensued regarding clarification of the motion. VOTE: UNANIMOUS (Councilmember Haire excused) 6. Report from City-County Liaison Committee: A. Discussion of agencies that can be consolidated. (Requested by Councilmember Don Talbot) Councilmember Talbot presented this item. Mr. Talbot explained that the City-County Liaison Committee had discussed the City-County merger and had requested that the merger of the City and County Inspections Department be placed before both the City Council and County Commissioners for their input. A discussion was held regarding the pros and cons of a merger. City Manager Roger Stancil stated the staff had been focusing on the administrative issues to include saving money by combining purchasing and insurance. Mr. Stancil stated he did not think there would be any savings realized from the combination of the two inspections departments because they would still have to work the same areas they were working now. Further discussion was held. MOTION: Councilmember Kendrick moved to have the staff come back in 60 days with a report on combining the Inspections Departments of the City and County. SECOND: Councilmember Fogleman After lengthy discussion about the merger issue, Councilmember Kendrick withdrew his motion. There was no further action taken. B. Discussion of Joint retreat with Cumberland County Board of Commissioners. (Requested by Councilmembers Suzan Cheek and Don Talbot) MOTION: Councilmember Cheek moved to extend an invitation to the County Commissioners for a retreat in October. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Haire excused) 7. Report from Development Committee. 1. Discussion of Historic District Regulations. A. Recommend COA Applications to be provided by Inspections Department. B. Recommend Inspections Department as agency for approval of minor COA work. C. Recommend Historic Resources Commission to review and make proposed changes to guidelines. D. Recommend for undue hardship on demolition by neglect cases that rewording be done by City Attorney and send back to Committee E. Recommend penalties and fines to remain as proposed. Councilmember Cheek presented this item with the above recommendations. Ms. Cheek stated an ordinance would be presented to the Council incorporating these changes. 2. Discussion of formulating a function statement for the Development Committee. Councilmember Cheek presented the following function/mission statement for approval: To make recommendations to the City Council regarding development projects or issues which will provide for orderly growth of the City, enhance its viability, and promote a positive balance between development and preservation. MOTION: Councilmember Cheek moved to adopt the mission statement of the Development Committee. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Haire excused) 3. Update on Economic Development Management Team Reports Councilmember Cheek reported that Mr. Curtis Hancock had given an overview of the Management Team's progress. 8. Report from Transportation Committee. 1. Discussion of a policy on No Parking Zones. Councilmember Kendrick presented this item. Mr. Kendrick reported the Committee had decided not to have a formal policy but to have the staff continue with its current practice on requests for No Parking. Discussion was held with Councilmember Cheek inquiring about the use of a petition in order to ward off trivial requests. Council decided to leave things as they now stand. 2. Discussion of Legend Avenue project. Councilmember Kendrick presented this item. He recommended approval of the stub intersection on Legend Avenue. MOTION: Councilmember Kendrick moved to approve the stub intersection at Legend Avenue/401 Bypass. SECOND: Councilmember Worthy Councilmember Smith inquired about the funding of the project. City Manager Roger Stancil stated funds could come from the under-budgeted Sycamore Dairy/McPherson Church Road bond project. VOTE: UNANIMOUS (Councilmember Haire excused) 3. Discussion of intersection improvements requested by N.C. DOT at Robeson Street and Levy Drive to install traffic signal. Councilmember Kendrick stated this would be back to the Transportation Committee within 30 days. MOTION: Councilmember Worthy moved to approve. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmember Haire excused) Councilmember Smith inquired about approving this for the thoroughfare plan. Mr. Kendrick stated it would have to be approved by Council. No action was taken at this time. 4. Report on Bunce Road Neighborhood meeting. Councilmember Kendrick presented this item. MOTION: Councilmember Kendrick moved to recommend that Bunce Road construction project include a four-lane divided landscape median with turn lanes in the appropriate locations and that the sidewalk be constructed on the west side of Bunce Road. SECOND: Councilmember Smith Councilmember Worthy stated the citizens did not want this. He stated we needed to tell the North Carolina Department of Transportation that the citizens did not want the project. Councilmember Kendrick explained that the North Carolina Department of Transportation had already made the decision to widen Bunce Road. The purpose of the meeting was to determine whether the City wanted four or five lanes. A discussion was held regarding the City's part in this process. Mr. Stancil stated that when the North Carolina Department of Transportation builds a thoroughfare, they ask a city if they would like a four- or five-lane road. The city decides which standard they want in their city and this is what has been asked of the City of Fayetteville. The project is a DOT project but the Council would be setting the standard for thoroughfares in the City of Fayetteville. Councilmember Massey inquired if this would be a precedent for all thoroughfares. Mr. Stancil stated this would be the standard for the City of Fayetteville. Mr. Stancil stated this method would also help manage traffic. Councilmember Kendrick stated that the use of this type median helped to prevent collisions and accidents. SUBSTITUTE MOTION: Councilmember Cheek moved to vote on the concept that thoroughfare construction in the City of Fayetteville will be a four-lane divided landscape median with turn lanes in the appropriate locations. SECOND: Councilmember Massey After discussion, Councilmember Kendrick withdrew his original motion. SUBSTITUTE MOTION VOTE: Passed by a vote of 10 in favor to 1 in opposition (Councilmember Worthy) (Councilmember Haire excused) Councilmember Worthy asked if there was any way the Council could let the North Carolina Department of Transportation know how the people felt. Mayor Pro Tem McBryde stated that an individual Councilmember could do so. MOTION: Councilmember Kendrick moved to install sidewalks on the west side of Bunce Road. SECOND: Councilmember Talbot VOTE: Passed by a vote of 10 in favor to 1 in opposition (Councilmember Massey) (Councilmember Haire excused) 9. Discussion of conducting business on right-of-way areas; i.e., parking and display. (Requested by Councilmember Mark Kendrick) Councilmember Kendrick inquired about this ordinance and whether it was being enforced. He received an affirmative answer from City Manager Roger Stancil. Mr. Stancil stated the solution needed to be worked out in one area, and he would be back to the Council in 30 days with a report. 10. Consideration of referral of review of 2010 Land Use Plan for the entire Bordeaux and Welmar Heights Subdivisions to the Planning Commission. (Requested by Councilmember Mark Kendrick) MOTION: Councilmember Kendrick moved to refer the 2010 Plan for review of the Bordeaux and Welmar Heights Subdivisions to the Planning Commission. SECOND: Councilmember Cheek SUBSTITUTE MOTION: Councilmember Worthy moved to send the entire 2010 Plan for review. Mayor Pro Tem McBryde ruled the motion was the opposite of the original motion. A discussion ensued. Chief Planning Officer Jimmy Teal presented five areas that the staff recommended for review of the Land Use Map. City Manager Roger Stancil suggested that in the next year's budget, monies be set aside to bring someone in to update the entire plan. Mayor Pro Tem McBryde inquired if the five areas were included in the motion. Councilmember Kendrick stated they were included. The areas to be included are as follows: Downtown Area (Robeson Street, Hay Street & Old Wilmington Road) Bunce Road Area Ramsey Street Area (Carver Falls Area to north of Highway 31 connection) Eastern Blvd. (Grove Street to Aberdeen & Rockfish Track) Cape Fear Valley Hospital Area VOTE: Passed by a vote of 10 in favor to 1 in opposition (Councilmember Williams) (Councilmember Haire excused) 11. Discussion of the section of the sign ordinance dealing with non-branded flags on commercial property. (Requested by Councilmember Wick Smith) Councilmember Smith presented this item. Mr. Smith stated the ordinance was developed in 1966 and was not effective. He presented a video of a commercial flag review he had done throughout the City on August 5, 1998, which showed violations of this ordinance. MOTION: Councilmember Smith moved to send this to the Planning Commission to hold a public hearing and to delete that paragraph allowing non-branded flags from the ordinance but that they be allowed to remain for six months to give the owners time to make the changes. SECOND: Councilmember Milligan Councilmember Worthy stated he felt this was a freedom of expression issue. He stated instead of stating what kind of flag could be put up, there was a need for an ordinance regulating the conditions of the flag. Councilmembers Williams and Massey stated their opposition. Councilmember Kendrick inquired if it would apply to all flags. Councilmember Smith stated in the affirmative. VOTE: Passed by a vote of 8 in favor to 3 in opposition (Councilmembers Worthy, Williams and Massey)(Councilmember Haire excused) 12. APPOINTMENTS: A. Senior Citizens Advisory Commission - nominations are needed to fill three vacancies. Mayor Pro Tem McBryde stated that Ms. Susan Reid had not attended any meetings since her appointment. Councilmember Kendrick nominated Mr. Herbert Gibson for a first term. Councilmember Talbot nominated Ms. Grace Yeager for a first term. Councilmember Fogleman nominated Mr. Jerome Scott for a second term. 13. ADMINISTRATIVE REPORTS A. Report on proposed Work First transit route to Cumberland County Industrial Park. B. Report on City Plaza concept. City Manager Roger Stancil stated he would proceed if acceptable. City Attorney Robert Cogswell requested to amend the previously approved Ordinance No. S1998-010, to change Hillsborough Street to Winslow Street. MOTION: Councilmember Williams moved to amend the ordinance. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Haire excused) 14. Consideration of closed sessions A. Consideration of closed session to consider acquisition of property. B. Consideration of closed session to discuss litigation, Metro Air Center, Ltd. vs. the City of Fayetteville. MOTION: Councilmember Fogleman moved to go into closed session to discuss acquisition of property and to discuss litigation involving Metro Air Center, Ltd. vs. the City of Fayetteville. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Haire excused) The closed session began at 10:55 p.m. The regular session resumed at 11:25 p.m. City Attorney Robert Cogswell recommended approval of the acquisition of Parcel M6280, owned by Fairway Outdoor Advertising, for the amount of $5,172.50. MOTION: Councilmember Cheek moved to approve the acquisition as recommended. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Haire excused) INFORMATION ITEMS: 1. Copy of letter from City Manager to Chairman of Fayetteville Historic Resources Commission. 2. Information on City/County relationships. 3. Letter from PWC regarding water service for Morris Street/Karr Drive residents. 4. Report of NCLM Annual Business Meeting held October 19, 1998. 5. Report on traffic operations at Raeford Road/Brighton Road and Raeford Road/Montclair Road. (Requested by Councilmember Mark Kendrick) 6. Update on downtown projects. 7. Update on disposal of City-owned property. 8. Letter from Representative Hurley regarding SB 1354-Rural Infrastructure Bonds. 9. Parks and Recreation Advisory - minutes of July 27, 1998. 10. Police Department - monthly report from Professional Standards for the month of July 1998. 11. Airport Commission - minutes of July 28, 1998. 12. PWC - minutes of July 8, July 22, and August 12, 1998. 13. FACVB - minutes of June 11, 1998. 14. FAEDC - minutes of July 14, 1998. MOTION: Councilmember Kendrick moved to adjourn. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmember Haire excused) The meeting adjourned at 11:30 p.m. REGULAR MEETING SEPTEMBER 21, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 21, 1998 7:00 P.M Present: Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7) (arrived at 7:09 p.m.); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Mayor J. L. Dawkins (excused) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer/Assistant City Manager Ben Brown, Chief Development Officer/Assistant City Manager Robert C. Cogswell, Jr., City Attorney Frank Simpson, Inspections Director Pete Piner, Chief Operating Officer, Fire Victor Sharpe, Planning Division Manager Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Imam Adam K. Beyah, of Masjid Omar Ibn Sayyid, followed by Mayor Pro Tem McBryde leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Pro Tem McBryde announced the Character Education Concept for September 1998 was respect. 1. APPROVAL OF AGENDA Councilmember Milligan stated that Councilmember Worthy had called her and asked that he not be excused because he was en route to the meeting. Mayor Pro Tem McBryde announced that Mayor Dawkins would not be present tonight due to his health. MOTION: Councilmember Kendrick moved to excuse Mayor Dawkins. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Worthy absent and unexcused) City Manager Roger Stancil requested to remove Item 7, consideration of adoption of an ordinance amending Section 26-5, Poles and Wires - Permit to Place, of the Code of Ordinances of the City of Fayetteville, to include "portable basketball goals," and to add Item 11, update from Mayor's Committee on Electric Industry Restructuring. Councilmember Worthy arrived at the meeting at 7:09 p.m. City Attorney Robert Cogswell requested to add Item 14, closed session to discuss litigation, Metro Air Center, Ltd. vs. the City of Fayetteville. MOTION: Councilmember Kendrick moved to approve the agenda with the additions and deletions. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 2. CONSENT: MOTION: Councilmember Kizer moved to approve. SECOND: Councilmember Smith VOTE: UNANIMOUS The following items were approved: A. Approve bid award for Tubular Steel Structures to Valmont Industries, Inc. (Valley, NE), low bidder (PWC), in the amount of $45,146.00. Bids were received as follows: Valmont Industries, Inc. (Valley, NE) $45,146.00 Thomas & Betts (Memphis, TN) $50,662.00 B. Approve purchase agreement between Baywood Water, Inc., and City of Fayetteville for Baywood Water System. (PWC) C. Award of purchase contract for traffic signs to Custom Products Corporation (Jackson, MS), low bidder, in the amount of $52,523.47. Bids were received as follows: Custom Products Corp. (Jackson, MS) $52,523.47 Vulcan Signs (Foley, AL) $53,762.34 Korman Signs (Richmond, VA) $80,047.25 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour for the following streets: 1. Millan Drive from Virginia Avenue to its end 2. Virginia Avenue from Fort Bragg Road to its end 3. White Street from Virginia Avenue to its end 4. Wilson Street from Virginia Avenue to Woodrow Street. Chief Planning Officer Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or in opposition. The public hearing opened and closed at 7:11 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL. ORDINANCE NO. NS1998-036. MOTION: Councilmember Cheek moved to reduce the speed limit to 25 miles per hour. SECOND: Councilmember Worthy VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. B. P98-41F. Consideration of the rezoning from PND Planned Neighborhood District to R10 Residential District or to a more restrictive zoning classification for an area located on Georgetown Circle. Containing 5.54 acres more or less and being the property of M. J. Weeks as evidenced by deed recorded in Deed Book 3315, Page 299, Cumberland County Registry. Mr. Victor Sharpe, Planning Division Manager, presented maps of the PND area. He reviewed the background of this rezoning petition, which had been filed by residents of the Lake Shore neighborhood rather than the owner of the property. Mr. Sharpe stated the PND Plan was a valid plan and had been approved by the Joint Planning Board in the mid-1980s and the initial zoning upon annexation of the property into the City in 1994 had kept the PND in place. Mr. Sharpe stated that a protest petition had been filed by the property owner, and a three-fourths majority or nine votes of the Council would be required to rezone the property. Mr. Sharpe stated the property owner had been issued a building permit on August 11, 1998, which gave him vested rights for two years to develop the property in accordance with R5 standards. He explained that even if the property were rezoned to R10, the owner could still build his project. Mr. Sharpe stated the Zoning Commission unanimously recommended denial of the request. A discussion ensued regarding the validity and length of the permit and the conformance of the PND or R10 zoning districts with the 2010 Plan. Councilmember Talbot inquired about the rights of the property owners in the subdivisions in regards to the lake. Mr. Sharpe stated he thought the property owner of the subject property would be entitled to the same rights as other property owners who surrounded the lake. Mr. Sharpe also stated that the issue of usage of the lake was not an issue for the City to decide. This is the advertised public hearing set for this date and time. The public hearing opened at 7:25 p.m. Mr. Steve Thayer, 5618 Bimini Place, Fayetteville, NC, appeared as a representative of the Lake Shore and McFadyen Lake Homeowners Associations. He expressed support for the rezoning of the property and cited the issues of traffic conditions of the roads, environmental issues, preservation of wildlife, land values, well being of the neighborhood, and the children as reasons for the rezoning request to be granted. Mr. Thayer stated the property owners had no objection to the building of single-family dwellings or duplexes on the property. Mr. Bryce D. Neier, of the Law Firm of Brown and Brice, Raeford Road, Fayetteville, NC, appeared in favor of the rezoning. Mr. Neier stated that he had a different legal opinion and did not agree with the legal issues as they had been set out. He stated the homeowners have the right to file a lawsuit for an injunction to stop the project in its entirety. Mr. Neier stated it was his opinion the owners did not have a vested right. Mr. Neier stated the Code of Ordinances gave the Council the duty to protect the property values of property owners and to look out for the safety and well being of the citizens. He also pointed out that as a public policy, the City needed to do good planning in order to preserve its way of life. Mr. Rudolph G. Singleton, Jr., Attorney for Mr. M. J. Weeks, property owner, appeared in opposition of the rezoning. He reviewed the process his client had followed on this project. Mr. Singleton stated that to date, in excess of $35,000 had been spent by the property owner. Mr. Singleton stated that a precedent of rezoning a person's property without their permission would be setting a precedent that would forever deter future development in our community. Mr. M. J. Weeks, 504 Valley Road, Fayetteville, NC, summarized the time that he had been involved in the project since 1985 and cited step by step the procedures he had followed. He cited other PND projects in the City and stated no one's property value had been reduced as a result of these developments. Mr. Dohn Broadwell, 110 Lamb Street, Fayetteville, NC, appeared in opposition to the rezoning. Mr. Broadwell stated he did not have a personal interest in this particular project, but as a land developer he felt the approval of this rezoning would be demoralizing to the land investor and he would never consider buying a piece of land if he could not tell what he was buying when he put his money down. He also stated the banks would not lend any money based on zoning. Mr. Broadwell stated this was the feeling of the 300 members of the Homebuilders Association who he was representing. Mr. Neier offered rebuttal in favor of the rezoning. Mr. Singleton offered rebuttal in opposition to the rezoning. There was no one further to speak and the public hearing closed at 8:00 p.m. A discussion was held regarding the environmental/wetlands issue, the standard of the streets within the subdivisions, the definition of upscale apartments, the requirement of 500 square feet per unit for open space, the grandfathering in of the property in regards to the two-year requirement to renew the PND Plan and the concern over setting a precedent of rezoning property without the owner's consent. MOTION: Councilmember Kizer moved to deny the rezoning request. SECOND: Councilmember Haire VOTE: Passed by a vote of 10 in favor to 2 in opposition (Councilmembers Worthy and Talbot) Councilmember Talbot stated that he concurred with Councilmember Kizer and firmly supported Mr. Weeks on this and he had offered his vote only as a token gesture for the homeowners because this is a crucial issue for the future. C. Consideration of renaming of McFayden Drive to McFadyen Drive. Chief Planning Officer Jimmy Teal presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 8:15 p.m. Ms. Ann McFadyen Welch, 6632 Sherrod Drive, Fayetteville, NC, appeared in favor of the spelling correction. There was no one further to speak. The public hearing closed at 8:20 p.m. MOTION: Councilmember Worthy moved to correct the spelling of the street name. SECOND: Councilmember Kendrick VOTE: UNANIMOUS D. P98-47F. Consideration of an application by Franklin S. Clark, III, for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32.25, to allow an Independent Living Facility in an R5 Residential District for an area located on the north side of Fordham Drive within Village Greens. Containing 14.13 acres more or less and being the property of W. R. Jordan Trustee, and Dark Branch Golf Center Properties as evidenced by deed recorded in Deed Book 4315, Page 204, and 4542, Page 375, respectively, Cumberland County Registry. Mrs. Kathy Kem of the Planning Division staff presented this item. Mrs. Kem stated this was a Special Use Permit, and the Planning staff makes no recommendations because the decision on the Special Use Permit must be granted based on evidence that is presented and the following Findings of Fact must be made: a. Such use shall fit in with the character of the area in which such use is to be located; and b. That such use is not detrimental to the surrounding neighborhood. This is the advertised public hearing set for this date and time. The public hearing opened at 8:27 p.m. After being sworn in, Mr. Franklin S. Clark, 1945 Fordham Drive, Fayetteville, NC, appeared in favor of the Special Use Permit. There was no one further to speak and the public hearing closed at 8:29 p.m. MOTION: Councilmember Smith moved to approve the Special Use Permit with the Findings of Fact as set out. SECOND: Councilmember Massey VOTE: UNANIMOUS 4. P98-43F. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 3709 Morganton Road. Containing 1.41 acres more or less and being the property of Troy L. and Ruth G. Hooker as evidenced by deed recorded in Deed Book 768, Page 218, Cumberland County Registry.(Second reading) This is the second reading for this item and no discussion was held. MOTION: Councilmember Kizer moved to approve the rezoning. SECOND: Councilmember Worthy VOTE: Passed by a vote of 7 to 5 with Councilmembers Cheek, Kendrick, Fogleman, Smith, and McBryde in opposition. 5. Presentation of Planning Commission's Workplan for Fiscal Year 1998-99. Mr. Jack Cox, Chairman of the City Planning Commission, presented the Planning Commission's Workplan for Fiscal Year 1998-99. The issues to be addressed are: the Annexation Plan, 2010 Land Use Plan Map, ordinance revisions, completion of Murchison Road Corridor Study, completion of North Street Study, workshops and guest speakers, review of zoning classifications, proposed Driveway Manual, joint meeting with other commissions, Capital Planning Process, Zero Lot Line Subcommittee Report, and the 2030 Plan process. 6. Consideration of request to address City Council from Wilbert Gardner and Tommy Campbell regarding parking of a commercial vehicle in a residential area. No action was taken on this item because neither Mr. Wilbert Gardner nor Mr. Tommy Campbell appeared at the meeting to address the Council. 7. Consideration of adoption of an ordinance amending Section 26-5, Poles and Wires - Permit to Place, of the Code of Ordinances of the City of Fayetteville to include "portable basketball goals". (Requested by Councilmember Don Talbot) This item was removed from the agenda. 8. Consideration of proposed sidewalk requirement revisions to City Council Sidewalk Policy and City Code of Ordinance Section 26-35 and Section 27-15(e). MOTION: Councilmember Fogleman moved to refer this item to the City Council Transportation Committee. SECOND: Councilmember Kizer VOTE: UNANIMOUS 9. Consideration of adoption of a resolution of the City of Fayetteville directing the Public Works Commission to file an application for a state loan under the N.C. Clean Water Revolving Loan and Grant Act of 1987. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AUTHORIZING AND DIRECTING THE PUBLIC WORKS COMMISSION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, TO FILE AN APPLICATION FOR A STATE LOAN UNDER THE NC CLEAN WATER REVOLVING LOAN AND GRANT ACT OF 1987. RESOLUTION NO. R1998-094. MOTION: Councilmember Cheek moved to approve. SECOND: Councilmember Kendrick VOTE: UNANIMOUS A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 10. Consideration of request from Councilmember Curtis Worthy to be notified by chairpersons of boards and commissions of any matters coming before them regarding District 7. Councilmember Worthy requested that he be notified by boards/commissions of anything that pertains to his district. Councilmember Smith stated he felt the agenda of the meetings was enough information and he felt the staff had enough to do. Mayor Pro Tem McBryde stated the boards and commissions were made up of volunteers and they were unaware of the districts. He stated the agendas were enough. Councilmember Massey stated he felt that a staff member should contact the councilmember when an issue pertained to his specific district. Mayor Pro Tem McBryde stated that councilmembers do not just represent the district, they represent all of the City. MOTION: Councilmember Worthy moved that all members be notified by the Planning and Zoning Commissions of matters in their district and the at-large members should be notified of all issues. SECOND: Councilmember Massey SUBSTITUTE MOTION: Councilmember Massey moved to refer this to staff to look at it and see if they could enhance the system. SECOND: Councilmember Cheek Councilmembers Kizer and Fogleman stated they felt the agendas were enough information. SUBSTITUTE MOTION VOTE: Failed by a tie vote of 6 in favor (Councilmember Haire, Massey, Cheek, Kendrick, Worthy, and Talbot) to 6 in opposition (Councilmembers Fogleman, McBryde, Kizer, Milligan, Williams, and Smith) ORIGINAL MOTION VOTE: Failed by a vote of 9 in opposition to 3 in favor (Councilmembers Worthy, Williams, and Haire) 11. Consideration of designation of Voting Delegate for 1998 Annual League Business Meeting. MOTION: Councilmember Kendrick moved to designate the Mayor or his appointee as the Voting Delegate. SECOND: Councilmember Kizer VOTE: UNANIMOUS A. Update from the Mayor's Committee on Electric Industry Restructuring. Councilmember Smith reported that deregulation was going to effect from whom power would be purchased. He stated that because we are the largest municipal power company in North Carolina, we have a huge stake in this issue. Mr. Smith said there were two priorities: What the stance would be for going before the legislature; and A need to take a hard look at all of the issues and what other utilities are doing. Councilmember Talbot inquired about the time frame. Councilmember Smith stated the Study Committee would have a report in 1999 and then the legislature would act on it. He felt there would then be a phase in time of from two to five years. Councilmember Massey inquired about the possibility of the addition or deletion of services within PWC's operation. Councilmember Smith stated a request has been made for facts regarding this issue. Councilmember Cheek responded to Councilmember Massey's inquiry and stated that the goal was for the consultant to come back with these options and the dollar impact within two months after the contract was signed and that would be at the end of the year. A discussion was held regarding the material available to Council. City Manager Roger Stancil recommended that the Council approve the Mayor writing a letter to the delegation urging them to leave as much flexibility as possible for cities to consider how they will react to restructuring. This would include providing options for organizational structures and business opportunities that would allow cities to compete in the new environment if they choose to do so. Most crucial to the City of Fayetteville would be the continuing ability to transfer monies between funds. The City's General Fund and Water and Sewer Funds are dependent on transfers from the Electric Fund. MOTION: Councilmember Kendrick moved to authorize the Mayor to write the letter as set out by the City Manager. SECOND: Councilmember Cheek VOTE: UNANIMOUS 12. APPOINTMENTS: A. Senior Citizens Advisory Commission - election of nominees to fill three vacancies. MOTION: Councilmember Kendrick moved to close the nominations and accept by acclamation the nominees for the Senior Citizens Advisory Commission. SECOND: Councilmember Worthy VOTE: UNANIMOUS Mr. Hubert L. Gibson and Ms. Grace Yeager were appointed to a first two-year term. Mr. Jerome T. Scott was appointed to a second two-year term. 13. ADMINISTRATIVE REPORTS A. Discussion of cancellation of September 28 Information Meeting. B. Report on City of Fayetteville position vacancies. Mr. Stancil stated the report on the vacancy rate would be done on a quarterly basis. He reported that the Excellence in Government Program had been started with focus being placed on Solid Waste Management, Fleet Maintenance Operations internally, and how the Capital Projects are managed. Mr. Stancil also stated that work had begun on the Comprehensive Pay Plan for public safety employees and a report would be ready in January. A discussion was held regarding the effect of the new pay raise on the differential between the County Sheriff's Department and City Police Department salary ranges. 14. Closed session to discuss litigation, Metro Air Center, Ltd. vs. the City of Fayetteville. MOTION: Councilmember Fogleman moved to go into Executive Session to discuss litigation, Metro Air Center, Ltd. vs. the City of Fayetteville. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The closed session began at 9:10 p.m. The regular session resumed at 9:28 p.m. Mayor Pro Tem McBryde stated that Councilmember Haire had left the meeting without being excused and therefore his vote would be in the affirmative. City Attorney Robert Cogswell presented the following summary of the Settlement Agreement: 1. Both sides have executed a release as to all claims against the other; 2. No admission of liability by either party and a dismissal of all claims by both parties; 3. Metro will vacate the premises immediately; 4. The City will have free use of Metro's fuel tanks for four months or until the City can replace them with their own, whichever first occurs, and in consideration of this, Metro will have free tie-down space for six planes during that time; 5. The City will pay to Metro $500,000 to settle the lawsuit and terminate all of Metro's interests at the airport and acquire certain physical assets of Metro (Metro has constructed a $100,000 facility on the leased premises since June 1995); and $100,000 of the settlement will be paid by insurance; 6. The City will not assume any debts of Metro, and $50,000 of the $500,000 will be retained for 90 days to pay any remaining bills, with Metro agreeing to be responsible for all debts incurred while in operation at the airport. Mr. Cogswell stated it is important to note that the Fixed Based Operator service will continue to be operated by the City on an interim basis. Mr. Cogswell recommended approval of the Settlement Agreement. MOTION: Councilmember Kizer moved to follow the recommendations of the City Attorney. SECOND: Councilmember Fogleman Councilmember Talbot stated he could not support the motion. VOTE: Passed by a vote of 10 to 2 with Councilmembers Williams and Talbot in opposition, and Councilmember Haire's vote in the affirmative in absentia. MOTION: Councilmember Kendrick moved to allow the Mayor Pro Tem to sign the agreement should Mayor Dawkins be absent in the morning. SECOND: Councilmember Milligan VOTE: Passed by a vote of 11 to 1 with Councilmember Williams in opposition, and Councilmember Haire's vote in the affirmative in absentia. Councilmember Smith asked to be excused from the next meeting. MOTION: Councilmember Kizer moved to excuse Councilmember Smith. SECOND: Councilmember Fogleman VOTE: Passed by a vote of 8 to 3 with Councilmembers Kendrick, Worthy, and Massey in opposition, Councilmember Haire's vote in the affirmative in absentia, and Councilmember Smith abstaining. Councilmember Kendrick asked to be excused from the next meeting. MOTION: Councilmember Kizer moved to excuse Councilmember Kendrick from the next meeting. SECOND: Councilmember Milligan VOTE: Passed by a vote of 8 to 3 with Councilmembers Cheek, Massey, and Smith in opposition, Councilmember Haire's vote in the affirmative in absentia, and Councilmember Kendrick abstaining. INFORMATION ITEMS: 1. Statement of taxes collected for the month of August 1998 from the Cumberland County Tax Collector. 1998 Taxes $8,866,847.78 1998 Vehicle Taxes 146,520.50 1998 Revit 10,817.90 1998 Vehicle Revit 160.29 1998 FVT 20,240.00 1998 Storm Water 573,957.21 1997 Taxes 30,549.69 1997 Vehicle Taxes 34,728.85 1997 Revit 0.00 1997 Vehicle Revit 17.73 1997 FVT 4,811.53 1997 Storm Water 2,956.04 1996 Taxes 9,545.02 1996 Vehicle Taxes 1,619.29 1996 Revit 0.00 1996 Vehicle Revit 1.81 1996 FVT 264.53 1996 Storm Water 944.01 1995 Taxes 2,667.22 1995 Vehicle Taxes 222.92 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 35.00 1995 Storm Water 332.62 1994 & Prior Taxes....................................... 8,363.95 1994 & Prior Vehicle Taxes 60.44 1994 & Prior Revit 0.00 1994 & Prior Vehicle Revit 0.00 1994 & Prior FVT 30.00 Interest 8,617.35 Interest (Revit) 0.64 Interest (Storm Water) 473.36 Fayetteville Discount (177,330.80) Revit. Discount (216.37) Total Collections $9,547,238.51 2. Report on tax refunds less than $100. Name Year Basis City Refund Beckett, Mark Allen 1997 Military Non-resident $62.32 Bigham, Brian J. 1997 Military Non-resident 12.38 Bratcher, Diane 1998 Corrected Assessment 17.56 Bullock, Tony Bernard 1997 Military Non-resident 6.92 Evans, Ronald James 1997 Military Non-resident 44.24 Gonzalez, Tye Christopher 1997 ½ Military Non-resident (Tye) 28.04 Gonzalez, Jennifer Renee 1997 Grice, Christopher 1997 Military Non-resident 46.23 Herring Electronics 1997 Adjusted Assessment 12.78 James, Harold Laymont 1996 Corrected Assessment 18.45 1997 Kimble, Yon Chong 1997 Military Non-resident 68.76 Lahidji, Changiz 1997 Military Non-resident 60.89 McCollough, Phillip 1998 Corrected Assessment 12.62 Rotsaert, Patrick Joseph 1996 Military Non-resident 44.25 Rotsaert, Tracy Ann Shepard, Michael P. 1998 Military Non-resident 75.44 Watson, Janet Johnson 1997 Military Non-resident 58.12 Total $579.00 3. Notice of Public Hearing on the proposed widening/improvements of Cumberland Road from Hope Mills Road to Yale Street. 4. Report on joint purchasing venture with Cumberland County. 5. Report on Transportation Improvement Program (TIP) revised guidelines. 6. Recommendation by Historic Resources Commission on the reappointment of members. 7. Police Department - Professional Standards monthly report for the month of August 7, 1998. 8. PWC - minutes of August 26, 1998. 9. FACVB - minutes of August 13, 1998. 10. Planning Department - Monthly Report for August 1998 (inserted in packet). MOTION: Councilmember Talbot moved to adjourn the meeting. SECOND: Councilmember Milligan VOTE: UNANIMOUS The meeting adjourned at 9:35 p.m. INFORMATION MEETING SEPTEMBER 28, 1998 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 28, 1998 7:00 P.M. Present: Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3) (arrived at 7:07 p.m.); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Mayor J. L. Dawkins (excused) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer/Assistant City Manager Robert C. Cogswell, Jr., City Attorney Robert Barefoot, Chief Operating Officer-Recreation and Community Facilities Victor Sharpe, Planning Division Manager Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press Mayor Pro Tem McBryde stated Councilmembers Kendrick and Smith had been excused from this meeting on September 21, but they were in attendance. MOTION: Councilmember Cheek moved to excuse Councilmember Massey until he arrived. SECOND: Councilmember Milligan VOTE: UNANIMOUS INVOCATION The invocation was offered by Councilmember Williams, followed by Mayor Pro Tem McBryde leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Pro Tem McBryde asked everyone to remember Mayor Dawkins and his family in their prayers. Mayor Pro Tem McBryde announced the Character Education Concept for September 1998 was respect. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to remove Item 2, joint discussion with County Commissioners on status of Cablevision negotiations. Mr. Stancil introduced Mr. Scott Dorney, the new Human Resources Director. Mr. Dorney will begin work on November 2, 1998. Councilmember Massey arrived at the meeting at 7:07 p.m. MOTION: Councilmember Kendrick moved to approve the agenda with the deletion of Item 2. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 2. Joint discussion with County Commissioners on status of Cablevision negotiations. This item was removed from the agenda. 3. Consideration of the following actions between the City of Fayetteville, County of Cumberland, Public Works Commission and M. J. Soffe Company related to the extension of water and sanitary sewer utilities along Dunn Road to serve phase one of the Soffe DC Annex project: A. Approve Participation Agreement between City, County, PWC and M.J. Soffe. B. Approve Interlocal Agreement between City and County. City Manager Roger Stancil presented this item. Mr. Stancil stated he felt it was important to keep industry in Fayetteville and he recommended approval of both agreements. Mr. Stancil said the City would be paying $50,000 and the County would administer the project. MOTION: Councilmember Kendrick moved to approve both A and B. SECOND: Councilmember Worthy VOTE: UNANIMOUS 4. Consideration of award of purchase contract for new public safety software to Carolina Telephone and Telegraph, (Wake Forest, NC), lowest responsible and responsive bidder meeting specifications. City Manager Roger Stancil presented this item. Mr. Stancil explained that the proposed software would integrate the Police Department, the Fire Department, and the E-911 into one system. He stated the resources would come from the use of three federal police grants and local matching dollars from the E-911 fund and no General Fund tax dollars would be used. Mr. Stancil presented the following breakdown of the funding: Total Funding Federal Funds Local/E-911 Funds 1996 Grant $379,654 $42,184 1997 Grant 383,180 42,576 1996 COPS More 371,865 123,955 TOTALS $1,134,699 $208,715 Total Project Dollars $1,343,414 Mr. Stancil recommended awarding the contract to Carolina Telephone and Telegraph for an amount not to exceed $1,343,414 and to authorize the City Manager to negotiate and execute the contract. A discussion was held regarding the non-responsiveness of the other bidders. MOTION: Councilmember Worthy moved to award the contract to CT&T, for an amount not to exceed $1,343,414 and authorize the City Manager to negotiate and execute the contract. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 5. Presentation on the Cape Fear River Trail Master Plan. Mr. Larry Zucchino, of Paton/Zucchino and Associates, P.A., presented the Master Plan of the Cape Fear River Multipurpose Trail. Mr. Zucchino stated the Multipurpose Trail would extend from the Fayetteville Botanical Garden to Methodist College. He stated most of the property to be used is City-owned or institutional/industrial owned property. He explained the 10-foot wide asphalt trail would have three primary access and service nodes, including a Northern Access Node at the Fayetteville Area Soccer League Facility, a Central Access Node at Clark Park Environmental Center, and a Southern Access Node at the Fayetteville Botanical Garden. Mr. Zucchino made the following recommendations: (1) The first phase implementation would be Trail Segment One and would begin at the Fayetteville Area Soccer Facility and run south approximately 1.3 miles to the Cape Fear River. The Cape Fear River Multipurpose Trail includes seven distinct trail segments which are identified and evaluated in this feasibility study. (2) A budget of $270,000 to $300,000 for implementation of Phase I would be allocated for final planning, design and construction of Trail Segment One. Total costs for implementation for six segments of the Cape Fear River Multipurpose Trail is estimated to be in the range of $2,000,000. (3) Subsequent trail segments would be considered for phased implementation through annual City budget appropriations over the next five to seven years. (4) The City would negotiate and secure over the next year all necessary access and use easements with affected private and public property owners within the 8-mile corridor. No new major land acquisition would be necessary to implement the Trail. Councilmember Worthy inquired as to why the first phase would cost $300,000 if the City already owned the land. Mr. Robert Barefoot, Chief Operating Officer-Recreation and Community Facilities, stated the cost was due to having to clear, grub and get the site ready for paving. Councilmember Worthy asked if lighting was being included in the cost. Mr. Barefoot replied that no lights were included in the costs as set forth. Councilmember Williams requested that walkways with steps be provided which would allow fishing access. Councilmember Smith inquired if there had been any figures generated for maintenance, security costs or anything else. Mr. Barefoot stated the figures presented only represented the construction costs. Councilmember Talbot inquired if there were monies in the budget for this project. Mr. Barefoot suggested that the $75,000 in the budget be used to authorize the staff to negotiate a design development contract construction document for Sections I, II and III. Mr. Barefoot said with a construction document, grants could possibly be secured. Councilmember Talbot inquired about the number of fishing accesses. Mr. Barefoot replied that access to the river would be limited for liability reasons and what had been planned were lots of scenic overlooks with views of the river. Councilmember Milligan expressed her support for the project because it would improve the quality of life. Councilmember Smith inquired if this plan was being dovetailed with the Downtown Plan and was there coordination between the two projects. Mr. Barefoot stated he felt this plan would be compatible with the Downtown Plan, but the two designers had not talked with each other. MOTION: Councilmember Kizer moved to authorize the staff to negotiate with Paton/Zucchino & Associates, P.A., for a more detailed design. SECOND: Councilmember Worthy Councilmember Massey asked to add to the motion that the Marvin Plan be made aware of the plans to ensure compatibility. Mayor Pro Tem McBryde stated this did not need to be a part of the motion because the staff would do that. VOTE: UNANIMOUS 6. Consideration of request from N.C. DOT for comments on feasibility studies for the following streets: A. Ramsey Street (Grove Street to Slocomb Road) widening. B. Cliffdale Road (McPherson Church Road to Morganton Road) widening. C. Raeford Road (Ireland Drive to Skibo Road) widening. Chief Planning Officer Jimmy Teal presented this item. Mr. Teal requested to add the All-American Expressway to the list. MOTION: Councilmember Kizer moved to refer this to the Transportation Committee. SECOND: Councilmember Fogleman Councilmember Cheek inquired about the tight time schedule. She stated she felt the Council needed to express their outrage at things like this being presented to Council with such a short answer time frame. She felt the Council should be able to give more input. Mr. Teal stated these four projects are being looked at by North Carolina Department of Transportation for a feasibility study. After a discussion regarding the Cliffdale Road project, Councilmember Cheek asked to add a friendly amendment to the motion that the Department of Transportation be informed of the residents' preference for a three-lane road with curb and gutter on Cliffdale Road. Councilmember Kizer stated he would like to leave the City's options open and he could not accept the friendly amendment. Councilmember Cheek stated she could not support the motion. City Manager Roger Stancil stated that the Council's previous action had been the decision not to recommend a feasibility study because the Council would then lose all control over the project. Councilmember Kendrick requested that the time limit be extended for an additional 30 days. Mr. Teal stated he would contact the North Carolina Department of Transportation. VOTE: UNANIMOUS 7. Consideration of City Council support for the thoroughfare from Glensford Drive to Hope Mills Road by instructing staff to work with N.C.DOT on the next step of the project. (Requested by Councilmember Paul Williams) Councilmember Williams expressed his desire to have Glensford Drive extended as a thoroughfare. Mr. Williams stated a 36-year plan showed this street as a thoroughfare and he felt this was still a good idea. Councilmember Williams stated he had empathy for the neighborhood but he felt this project needed to be done for the good of the City. MOTION: Councilmember Williams moved to send this item to the Transportation Committee for study. SECOND: Councilmember Kizer Councilmember Smith stated this was not a political issue but was the protection of a neighborhood. He stated the 870 residents were fighting the traffic and trying to reduce the speed and a petition was forthcoming. Councilmember Smith stated that because Skibo Road was being two-laned at the intersection of Cliffdale and the All-American Expressway was being started, he felt the corridor would open up without splitting a neighborhood. Councilmember Worthy stated his support for studying the issue before making a decision. He stated he felt all neighborhoods should be treated the same and he did not feel this was being done. Councilmember Kendrick stated things were being done to control traffic flow around the mall and he would like to wait until the projects had come together before making a decision about Glensford Drive. Councilmembers Cheek and Milligan expressed their support for the neighborhood. City Manager Roger Stancil stated this road was on the thoroughfare plan and that was a good thing for the future because the City needed to keep all options open. Mr. Stancil stated this was not on the TIP plan and when the City annexed Montclair, the street became a City street and any action taken by the City would have to be paid for by the City. Councilmembers Talbot and Massey stated their support for this item to go to the Transportation Committee in order to obtain both information as well as public input. Councilmember Fogleman stated there was a need for improvement of the thoroughfare plan. She said the Council needed to proceed cautiously and see what the other projects do, but at the same time look at the impact on the entire City. Further discussion was held. MOTION: Councilmember Kendrick called the question. SECOND: Councilmember Worthy VOTE: Passed by a vote of 8 to 4 with Councilmembers Cheek, McBryde, Milligan and Massey in opposition. ORIGINAL MOTION VOTE: Failed by a tie vote of 6 in opposition (Councilmembers Cheek, Kendrick, Smith, Milligan, McBryde and Haire) to 6 in favor (Councilmembers Worthy, Talbot, Williams, Massey, Fogleman and Kizer) Councilmember Talbot suggested using traffic abatement as was being used on Fargo Drive. Councilmember Smith responded that this type of traffic abatement was designed for streets with 2,000 to 3,000 cars and Glensford had a traffic count of over 12,000 cars. Mr. Smith stated the issue was being studied. Councilmember Massey stated the intent of his vote was not to either support or reject the idea of the road going through the neighborhood but rather his intention was to have the information made available to make the best decision. Councilmember Kizer stated the City was not widening streets to get ahead of the game but was widening them to play catch-up and the more the projects were delayed, the worse the moving traffic problem would get. Councilmember Cheek stated the City has mass transit and it should be better utilized. INFORMATION ITEMS: 1. Thank you note from family of George Markham. 2. Copy of letter from Mayor to Chairman of Cumberland County Board of Commissioners regarding joint retreat. 3. Memo from Mayor on appointments to Ad Hoc Dog Ordinance Committee. 4. Information on boards and commissions expiring in October 1998. 5. Fayetteville Redevelopment Commission - minutes of August 12, 1998. 6. PWC - minutes of September 9, 1998. MOTION: Councilmember Kizer moved to adjourn the meeting. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The meeting adjourned at 8:12 p.m. REGULAR MEETING OCTOBER 5, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER OCTOBER 5, 1998 7:00 P.M. Present: Councilmembers F. Milo McBryde (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Mayor J. L. Dawkins (excused) Anne D. Fogleman (at-large)(excused) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer/Assistant City Manager Ben Brown, Chief Development Officer/Assistant City Manager Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Robert Barefoot, Chief Operating Officer-Recreation and Community Facilities Lisa Smith, Interim Finance Director Victor Sharpe, Planning Division Manager Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Jerry Swinney, New Bethel Pentecostal Holiness Church, followed by Mayor Pro Tem McBryde leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Pro Tem McBryde presented a proclamation setting the week of October 4-10, 1998, as Fire Prevention Week. Ms. Jennifer Kirby, Miss Fayetteville 1999, was presented with a plaque by Mayor Pro Tem McBryde. Miss Kirby thanked the Council for their support. Councilmember Cheek stated she had attended the First Annual Breast Cancer Candlelight Vigil in Fayetteville. Councilmember Cheek encouraged all women to have regular checkups and to support cancer research by buying the new Breast Cancer stamp. Mayor Pro Tem McBryde announced the Character Education Concept for October 1998 was responsibility. 1. APPROVAL OF AGENDA MOTION: Councilmember Massey moved to excuse Councilmember Fogleman and Mayor J. L. Dawkins from the meeting. SECOND: Councilmember Milligan VOTE: UNANIMOUS City Manager Roger Stancil stated he would like to change Item 12 to read "consideration of request for closed session to discuss purchase of property for the Legend Avenue realignment". Mr. Stancil stated that there would be no discussion on an agreement or commitment for construction. Mr. Stancil requested to change Item 12 to Item 12.A and add Item 12.B, a closed session to discuss acquisition of property for the Airborne Museum project. He also requested to add Item 11.E, discussion of request by Longview for the City to subordinate two Deeds of Trust. MOTION: Councilmember Massey moved to approve the agenda with the changes and additions. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Fogleman excused) 2. CONSENT: Mayor Pro Tem McBryde presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Smith requested to pull Item 2.C. MOTION: Councilmember Smith moved to approve the consent agenda with the exception of Item 2.C. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Fogleman excused) The following items were unanimously approved: A. Approve minutes of regular meeting of September 8, 1998. B. Approve minutes of regular meeting of September 21, 1998. C. Approve request by Quincy Scarborough for permission to allow temporary off-premises signs for the 23rd Annual Craftsmen's Christmas Festival. This item was pulled for discussion by Councilmember Smith. D. Approve transfer of title for Lots 1-2 and 17, 18, 19 in Habitat Village to Fayetteville Area Habitat for Humanity. E. Approve adoption of Capital Project Ordinance 99-1 (Raeford Road and Fairfield Intersection Improvements) to account for state funds received. This ordinance appropriates the NCDOT portion of the budget ($40,000) for the improvements at the Raeford Road and Fairfield intersection. The total cost of the project is $167,500. The source of funds for the project is bond funds ($127,500 which is already appropriated in the bond fund) and NCDOT revenues ($40,000). F. Approve adoption of Capital Project Ordinance 99-2 (Sidewalk Construction on Purdue Drive) to account for state funds received. This ordinance appropriates the budget for the sidewalk construction project on Purdue Drive. The total cost of the project is $28,118. The source of funds for this project is NCDOT revenues ($25,000) and a general fund transfer ($3,118). G. Approve adoption of Capital Project Ordinance 99-3 (Drainage Improvements across Bragg Boulevard at Ames Street) to account for state funds received. This ordinance appropriates the NCDOT portion of the budget ($25,000) for drainage improvements across Bragg Boulevard at Ames Street. The total cost of the project is $77,630. The source of funds for this project is bond funds ($52,630 which is already appropriated in the bond fund) and NCDOT revenues ($25,000). H. Approve adoption of Capital Project Ordinance 99-4 (Automated Vehicle Location System). This ordinance establishes the budget for the automated vehicle location system for Transit. The total cost of the project is $143,010, with the state contributing $128,709 and the City providing a local match of $14,301. I. Approve adoption of Capital Project Ordinance 99-5 (Fiscal Year 1998/99 Transit Grants). This ordinance establishes the budget for Fiscal Year 1998/99 federal and state grant awards for the acquisition of a 35-foot bus and design of the Transit Transfer Center. The total project budget is $350,000 with funding as follows: Federal Transportation Administration ($280,000), North Carolina Department of Transportation ($35,000), and a General Fund local match ($35,000). J. Approve adoption of Special Revenue Ordinance 99-2 (Fiscal Year 1998/99 Transit Grants). This ordinance establishes the budget for the Fiscal Year 1998/99 federal and state grants for planning and capital maintenance for the Fayetteville Area System of Transit. The total project budget is $750,000 with funding as follows: Federal Transportation Administration ($600,000), North Carolina Department of Transportation ($75,000), and a General Fund local match ($75,000). K. Approve adoption of Capital Project Ordinance Amendment 99-1 (Urban Signal System) to appropriate second year local match. The total cost of the Urban Signal System project is $7,000,000 over a five-year period. The North Carolina Department of Transportation will provide $6,167,000 for the project and the City will provide a local match of $833,000 (11.9% of the project) over the five-year period. This ordinance appropriates the City's second year local match requirement of $35,339. L. Approve Resolution in Support of Clean Water and Natural Gas Bonds. RESOLUTION IN SUPPORT OF THE PROPOSED STATE BOND ISSUES FOR WATER, SEWER AND NATURAL GAS. RESOLUTION NO. R1998-095. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. M. Approve referral of right turn lane at Raeford Road and McPherson Church Road to the Transportation Committee. N. Approve amended Memorandum of Understanding with FTCC for use of police Training Facility. O. Approve release of Lot 2, Bordeaux Commerce park, to CDD of Raleigh Corporation, Inc., from Deed of Trust to secure road improvements. C. Approve request by Quincy Scarborough for permission to allow temporary off-premises signs for the 23rd Annual Craftsmen's Christmas Festival. Councilmember Smith stated that he would like to remain consistent with his stance earlier in the year regarding any variation from the sign ordinance for a for-profit organization and he could not support this item. MOTION: Councilmember Worthy moved to approve the request for the display of signs. SECOND: Councilmember Williams VOTE: Passed by a vote of 8 in favor to 3 in opposition (Councilmembers Kizer, Smith and Kendrick) (Councilmember Fogleman excused) 3. PUBLIC HEARINGS: A. P98-45. Consideration of an application by Scott Smith for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1) to allow a tower in a C1P Shopping Center District for an area located at 2004 Jacks Ford Drive. Containing .27 (lease area) acres more or less and being the property of Nancy W. Broadwell as evidenced by deed recorded in Deed Book 3297, Page 252, Cumberland County Registry. Ms. Kathy Kem of the Planning Division staff presented this item. Ms. Kem stated this was a request for a special use permit for a 180-foot cellular tower in a C1 zone. Ms. Kem presented a site plan and slide showing a photograph with superimposed imagery of the tower at the site. Ms. Kem stated that both the Appearance and Zoning Commissions recommended approval of the special use permit. This is the advertised public hearing set for this date and time. The public hearing opened at 7:25 p.m. Mr. Scott Smith of GTE, 6501 Weston Parkway, Cary, NC, and Mr. Shawn Mercer of GTE, 6501 Weston Parkway, Cary, NC, appeared in favor of the special use permit. A discussion was held with Councilmember Cheek inquiring about the setback requirements, the development of the remaining portion of the land surrounding the site for the tower, the possibility of another tower being added, and the consideration of camouflaging by the Appearance and Zoning Commissions. Ms. Kem addressed the issues presented as prescribed by the ordinance. She stated that the Appearance and Zoning Commissions discussed the camouflage issue but no specifics were put into their motions. Mr. Scott Smith, of GTE, responded to the question of camouflaging the tower by stating the tower was made of galvanized steel and there were not a lot of ways to camouflage a 180-foot tower. Mr. Smith stated camouflaging would require the antenna to be redone and this could change the structural integrity of the tower. He explained that this particular tower had 12 antennas which were designed to withstand 80-mile-per-hour winds and had been designed as required by the ordinance for co-locators. Mr. Smith stated there had been no opposition to the tower at the Zoning Commission's public hearing or at the current meeting. Councilmember Cheek stated she had talked with residents of the neighborhood, and they had inquired if the tower would interfere with satellite dishes. Mr. Smith stated the FCC would not allow any interference with radio, TV, or satellite dishes. Mayor Pro Tem McBryde closed the public hearing at 7:35 p.m. MOTION: Councilmember Williams moved to approve the tower with the findings of fact as set out by the staff. SECOND: Councilmember Talbot SUBSTITUTE MOTION: Councilmember Cheek moved to approve with the condition that there be 207 feet of distance from the tower to the property lines required and that the top of the tower be camouflaged along the lines of the one on Ramsey Street at WalMart. SECOND: Councilmember Milligan Further discussion was held regarding the camouflaging issue. Mr. Scott Smith stated the pole had been ordered and it could be done but it would cost an additional $15,000 to $20,000. Mr. Smith also stated engineering changes would be required for GTE and the other co-locators. Councilmember Smith stated he had empathy for the neighborhood and did not think the setback changes would make much difference. However, if the Council wanted camouflaging to be a part of the tower, then the ordinance needed to be changed to reflect that requirement. Mr. Smith stated that GTE had followed the rules and the City should abide by these current requirements. Councilmember Kendrick stated he felt the tower should be less obtrusive and it was not the Council's responsibility that GTE's costs would go up. He expressed his opinion that GTE should not have ordered the tower before the City Council had approved the special use permit. Councilmember Kendrick also expressed his concern about the Council not having any discretion in this matter. City Attorney Robert Cogswell stated the Council does have discretion in that if evidence is presented at the public hearing that it does not fit in with the character of the neighborhood, then the Council can choose not to approve the special use permit. Mr. Cogswell stated, however, in this case, no evidence had been presented which proved it did not fit into the character of the neighborhood. Councilmember Williams stated he thought the fact that no one had appeared in opposition at either public hearing reflected how the neighborhood felt about the tower. Councilmember Worthy inquired about why the tower had been ordered without Council approval. Mr. Scott Smith stated the three-month moratorium had put them behind schedule and his firm's calendar year ended December 31, 1998, and if the tower had not been ordered, he would have lost the tower. Mr. Smith stated his superiors authorized him to proceed based on the unanimous votes of both the Appearance and Zoning Commissions, and the fact that no one had appeared in opposition at the public hearing. Mr. Smith stated he had worked with the staff and had helped develop the policy regarding cellular towers and he felt his company had acted in good faith. Councilmember Cheek stated the Council's intention had been to work with the ordinance, but there had been a letter from Mr. Smith stating the company was willing to camouflage the tower and she felt that the request should not have been unanticipated by Mr. Smith or by GTE. Ms. Cheek stated that as far as the evidence was concerned, the City Council represented the citizens and the unawareness of the neighborhood and the fact that they were working class and single parent families contributed to their lack of appearance at the public hearings. Ms. Kem stated that the maximum height of a drop-and-swap tower would be 199 feet. RESTATED SUBSTITUTE MOTION: To approve the tower with camouflage with a light fixture look at the top to be the monopole and to require the distance from the property lines to be equal to the maximum height allowed for a tower that could be built in the future. SUBSTITUTE MOTION VOTE: Passed by a vote of 6 in favor (Councilmembers Cheek, Kendrick, Worthy, Milligan, Massey and Haire) to 5 in opposition (Councilmembers McBryde, Kizer, Williams, Talbot, and Smith) (Councilmember Fogleman excused) MOTION: Councilmember Cheek moved to send a request to the Planning Commission to consider amending the ordinance to reflect that when a tower borders a residential area that camouflage would be required. SECOND: Councilmember Milligan Councilmember Kizer stated he felt it was absurd to review this ordinance again considering all of the efforts that had been put into the revision process and he could not support the motion. VOTE: Failed by a vote of 6 in opposition (Councilmembers Worthy, Talbot, Kizer, Williams, Massey, and Haire) to 5 in favor (Councilmembers McBryde, Cheek, Kendrick, Smith and Milligan) (Councilmember Fogleman excused) Councilmember Haire inquired if he could change his vote on the substitute motion. City Attorney Robert Cogswell stated that Robert's Rules allowed this to be done if the majority of the Council approved. MOTION: Councilmember Williams moved to reconsider the vote on the substitute motion. SECOND: Councilmember Talbot Mayor Pro Tem McBryde ruled that Councilmember Williams' motion would not be allowed because a motion to reconsider had to be made by a member of the prevailing party. MOTION: Councilmember Massey moved to allow Councilmember Haire to change his vote on the substitute motion in Item 3.A. SECOND: Councilmember Talbot VOTE: Passed by a vote of 6 in favor (Councilmembers Haire, Massey, Williams, Kizer, Talbot, and McBryde) to 5 in opposition (Councilmembers Cheek, Kendrick, Worthy, Smith, and Milligan) (Councilmember Fogleman excused). SUBSTITUTE MOTION REVOTE: Councilmember Haire changed his vote from being in favor of the first substitute motion to being in opposition, thereby causing the substitute motion to fail by a vote of 6 in opposition to 5 in favor. A discussion was held on the original motion. Mayor Pro Tem McBryde inquired of Mr. Cogswell whether the Council could hold GTE responsible for the letter written by Mr. Smith regarding the camouflaging. Mr. Cogswell stated he felt it should be made a part of the motion and it would then be a condition of the special use permit. SUBSTITUTE MOTION: Councilmember Cheek moved to accept this with the camouflage requirement per the letter written by Mr. Smith. SECOND: Councilmember Kendrick Councilmember Williams inquired about the difference between a substitute motion and a friendly amendment. Mr. Cogswell stated that with a substitute motion, if it passes, that is it and you cannot go back to the main motion. A friendly amendment is when the maker allows someone to tag on to his or her motion. SUBSTITUTE MOTION VOTE: Failed by a vote of 7 in opposition (Councilmembers Worthy, Talbot, Smith, Kizer, Williams, Massey, and Haire) to 4 in favor (Councilmembers Cheek, Kendrick, Milligan, and McBryde) (Councilmember Fogleman excused) RESTATED ORIGINAL MOTION: To approve the tower as presented by the City staff. ORIGINAL MOTION VOTE: Passed by a vote of 8 in favor (Councilmembers Worthy, Talbot, Smith, Williams, Kizer, Massey, Haire, and McBryde) to 3 in opposition (Councilmembers Cheek, Kendrick, and Milligan) (Councilmember Fogleman excused) The following findings of fact were made: (a) Setbacks: (1) Residential/professional zoned area: When a tower is constructed and its height is less than 300 feet, it shall be set back from all adjacent property lines a distance equal to the height of the tower. When the tower exceeds 300 feet, it shall be set back (measured from its base) from property/lease lines a distance equal to the height of the tower. (2) Commercial/industrial zoned area: When a tower is constructed and its height is less than 300 feet, it shall be set back (measured from its base) from adjacent property lines a distance equal to 1 foot for every 2 feet of height, but never less than 50 feet. When a tower exceeds 300 feet in height, it shall be set back (measured from its base) from property/lease lines a distance equal to 1 foot for every 2 feet of height, but never less than 50 feet. (b) That the tower base be enclosed in a chain link fence with a minimum height of 10 feet and such fence to be a minimum of 10 feet from the base of the tower. (c) That a buffer area 25 feet wide be provided around the perimeter of the tower compound to shield all structures, including guide wires or anchors. Such buffer area shall be planted with evergreen trees that will attain a minimum height of 25 feet. Such trees to be on a maximum 20-foot spacing. The inner fringe of such buffer area shall have an initial height of at least 3 feet and be planted with an evergreen hedge that will attain a minimum height of 6 feet. Such hedge shall be opaque in effect and completely shield any object behind it from view. (d) Certification by applicant that the proposed tower will be constructed and operated in accordance with all applicable local, state, and federal laws and ordinances, including, but not limited to, all FCC and FAA rules and guidelines. (e) Prior to obtaining a building permit, applicant must submit engineering drawings for the tower, sealed by a licensed engineer, which state that the tower will meet all applicable local, state, and federal building codes and structural standards. (f) Radio or television or similar reception for adjoining residentially zoned properties will not be disturbed or diminished. (g) The height of the tower does not 450 feet. Where towers are located on buildings/structures, the height of the tower and building/structure combined shall not 450 feet. (h) The exterior appearance of all building structures located in a residential zoning district look like a residential dwelling including, without limitation, pitched roof(s) and frame or brick veneer construction. (i) Associated building structures located in residential zoning districts may not be used as an employment center for any worker. This provision does not prohibit periodic maintenance, inspection, and periodic monitoring of equipment and instruments or renovation of the facility. (j) The use will not be detrimental to the surrounding neighborhood. (k) That no tower outside an overlay district, or overlay district may be constructed closer 1,500 feet to any other tower or tower overlay district. No separation is required within a Tower Overlay District. Concealed towers defined in Section 32-5, Definitions, are exempt from separation requirements. (l) In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation indicating that the power density levels do not exceed federally approved levels or American National Standards Institute [ANSI] standards, whichever provides the stricter requirements. (m) Lighting shall meet or exceed the Federal Aviation Administration [FAA] standards if lighting is required by the FAA. To the extent allowed by the FAA, strobes shall not be used for nighttime lighting. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements. Prior to issuance of a building permit, the applicant shall be required to submit documentation from the FAA that the lighting is the minimum lighting required by the FAA. (n) That towers which are not used for a period of 6 months or more shall be removed by the owner within 90 days of notification to the owner from the respective Department of Inspections. To assure the removal of towers, which do not meet requirements for use or maintenance, a statement of financial responsibility to the City Inspections Department, shall be submitted for each tower 75 feet. Removal costs shall be charged to the tower owner. (o) The entity/owner seeking approval of the special use permit shall submit every 2 years a statement signed and sealed by the applicant's engineer and from an outside independent registered and licensed engineer on the sixth year as to the structural soundness of the tower. If a tower is determined not to be structurally sound, the entity receiving approval shall have the burden of any repairs and said repairs must be complete within 60 days. (p) That the applicant show willingness to camouflage the tower with the surrounding area, i.e., paint, incorporation into architectural design/structure, or other means. Communication towers and associated equipment which are totally concealed within a building or structure so that they are architecturally indiscernible shall not be considered towers. (q) That no outside storage be allowed on site. (r) That the C2, C2P, C2S districts, towers are only allowed on buildings/structures and will be subject to approval by the Fayetteville Historic Commission. (s) In addition to the foregoing, a site plan must be submitted with the application for towers 75 feet in height or more and meet the following requirements: (1) Identification of the intended user(s) of the tower. (2) Co-location on existing towers is required where available, before additional ground-build towers can be constructed. The applicant shall provide documentation that no suitable existing structures or facilities within the coverage area are available for co-location. Documentation may include maps, letters from nearby tower owners, or calculations. Facilities include other towers, or other buildings or structures. (3) All the requirements of the Zoning and Subdivision Ordinance must be met. (t) The following shall be exempt from the provisions of this section: Telecommunication facilities are allowed with Inspections Department approval on existing towers and on other existing buildings or structures whose height exceeds 50 feet; provided that on such other existing buildings or structures the telecommunication facility may not extend above 20 percent of the height of the existing buildings or structure. Towers located within a Tower Overlay District do not require a Special Use permit, but require a site plan review to include items from Section 32-22 (17.1) (a-x) to be submitted for staff review prior to obtaining a building permit. (u) Photo imagery to superimpose the facility onto the existing site of the proposed tower site shall be submitted with application and/or site plan. (v) All towers shall be Monopole in construction except TV, radio, or those so designated by City Council. Documentation shall be provided by a registered engineer that the tower has sufficient structural integrity to accommodate three times the capacity (carriers) of intended use in order that secondary users could lease the balance of the tower capacity. Applicants cannot be denied space on a tower unless mechanical, structural, or regulatory factors prevent sharing, or the applicant refuses to pay a fair market rental as determined by the industry as of the date of the application. In determining the fair market rental, the owner of the tower proposed for co-location shall not be required to take into consideration rent being paid by a current co-locator under a swapping arrangement. The tower shall be galvanized or painted. (w) Towers shall be allowed in utility substations with only site plan approval required as outlined in this section. Landscaping requirements as required for substations shall apply to towers within substations. Replacement of non-conforming towers regardless of location shall require the issuance of a Special Use Permit by City Council. (x) To reduce the need for additional towers, existing towers may be replaced with a tower that increases its present number of co-locators, but shall not exceed 199 feet or 115 percent of the height of the old tower, whichever is less, with site plan approval. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles per Hour in the Morgan Place Subdivision for the following streets: (1) Bacarro Place from Brandermill Road to its end; (2) Bavaria Place from Brandermill Road to its end; (3) Brandermill Road from Cliffdale Road to its end; (4) Mondavi Place from Brandermill Road to its end; (5) Pella Place from Brandermill Road to its end; (6) Senoma Place from Brandermill Road to its end; and (7) Sonora Place from Brandermill Road to its end Mr. Robert Barefoot, Chief Operating Officer - Recreation/Community Facilities, presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 8:10 p.m. Mr. Randy Johnson, 5783 Sonora Place, Fayetteville, NC, appeared in favor of the speed limit change. There was no one further to speak either in favor or opposition and the public hearing closed at 8:11 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. SEC. 20-21. TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL. ORDINANCE NO. NS1998-037. MOTION: Councilmember Worthy moved to approve the 25-mile-per-hour speed limit. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmember Fogleman excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. Councilmember Cheek requested to be excused from the meeting for a few minutes. MOTION: Councilmember Kendrick moved to excuse Councilmember Cheek. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Fogleman excused) 4. Consideration of City-owned properties to be designated with tower overlay districts. Chief Planning Officer Jimmy Teal presented this item. Mr. Teal requested that the Council refer the proposal to the Zoning Commission as six individual zoning cases for consideration of the following tower overlay districts: 1. PWC campus site on Eastern Blvd. and Old Wilmington Road 2. Cross Creek Water Reclamation Plant on Highway 301 3. PWC Generation Plant on Murphy Road 4. PWC Hoffer Water Plant on Hoffer Drive 5. PWC Watershed site on Shaw Road 6. PWC Water tank/Fire Station #8 site on 71st School Road Mr. Teal stated this would allow multiple towers to be placed in inconspicuous areas on City property. MOTION: Councilmember Kendrick moved to refer to the Zoning Commission. SECOND: Councilmember Milligan Councilmember Smith inquired as to the number of towers that would be allowed in the overlay districts. Mr. Teal stated there would be no limit on the number of towers allowed and it would be up to PWC and the City to determine the number of towers. Councilmember Smith stated he had a problem with multiple towers along the PWC complex along Highway 87 and he would like to express this concern to the Zoning Commission for their consideration. Councilmember Williams inquired if towers would be restricted to these overlay areas. Mr. Teal stated that applications could still be made by anyone for a tower anywhere within the City. VOTE: UNANIMOUS (Councilmembers Cheek and Fogleman excused) 5. Consideration of report from the Development Committee. a. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article XIII, Special Historic District provisions. (Public Hearing Concluded) Councilmember Smith presented this item. He recommended approval of the following amended ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, ARTICLE XIII, SPECIAL HISTORIC DISTRICT PROVISIONS. ORDINANCE NO. S1998-011. MOTION: Councilmember Smith moved to approve the amended ordinance. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmembers Cheek and Fogleman excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1998. b. Discussion of inviting participants in economic development process to meet with committee. MOTION: Councilmember Kendrick moved to approve the Development Committee's inviting participants in economic development process to meet with the Committee. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmembers Cheek and Fogleman excused) 6. Consideration of award of purchase contract for E911 telephone equipment to Carolina Telephone and Telegraph (Fayetteville, NC), sole bidder, in the amount of $72,258.85. City Manager Roger Stancil presented this item. Mr. Stancil stated the 20-Digit Automatic Number Identifier/Automatic Identifier (ANI/ALI) equipment will allow the City's Communications Center to receive wireless telephone 911 calls with a call-back number. All wireless 911 calls currently are being received by the Cumberland County Communication Center. Mr. Stancil recommended awarding the contract. MOTION: Councilmember Worthy moved to approve the contracts. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmembers Cheek and Fogleman excused) Councilmember Cheek came back into the meeting at 8:35 p.m. 7. Consideration of request from County for matching funds for a Transportation Grant to enhance Transit services to the County, in the amount of $16,666. City Manager Roger Stancil presented this item. He gave the background on the County's request for $16,666 or one half of the local match for the Transportation Grant. Mr. Stancil stated the North Carolina Department of Transportation approved the grant submitted by the County for transit services beyond the City boundaries for the period September 1, 1998-August 31, 1999. The proposed route will serve the Cumberland County Industrial Park, Town of Hope Mills, and Cape Fear Valley Health System. The annual cost of the proposed route is $207,485. The County will receive $74,152 from the Rural Demonstration Program, the City (FAST) will receive State Maintenance Assistance Program (SMAP) funds in the amount of $100,000, and $33,333 is the required local match for the SMAP funds. FAST will provide the expanded services. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Fogleman excused) 8. Discussion of four-year staggered Council terms. (Requested by Councilmembers Curtis Worthy and Mark Kendrick) MOTION: Councilmember Worthy moved to go to straight four-year Council terms. SECOND: Councilmember Haire City Attorney Robert Cogswell explained the process, which would have to be followed in order to change Council's terms. Mr. Cogswell stated the Charter could be amended by holding a public hearing and amending the ordinance and it could be made subject to a referendum. It could also be done by a petition from 10 percent of the voters or 5,000 voters, whichever is less. He explained the Justice Department would have to approve any change, and the last time it took approximately 18 months for an approval. An in-depth discussion was held regarding the pros and cons of this issue. Councilmember Smith stated that he agreed with the four-year terms but he felt the door should not be closed on the staggered terms. Councilmember Talbot stated this issue had been defeated in 1990 by a 2-to-1 vote and he did not feel the public would approve it now. Mr. Talbot stated there already is a staggered term every two years. Councilmember Kendrick stated Mr. Jerry Wilson had generated the question of the four-year terms and he felt four-year terms would allow for more effective long-term planning. Mayor Pro Tem McBryde asked if Councilmember Worthy would accept a friendly amendment to add staggered terms. Councilmember Worthy stated he would not accept the friendly amendment. Councilmember Cheek asked to keep options open during the public hearing process. Councilmember Massey stated he could support the four-year terms but he could not support the staggered terms. Councilmember Williams stated he could not support the four-year terms because he felt the voters should have the right to select a representative every two years. Councilmember Haire stated he could not support the staggered terms. SUBSTITUTE MOTION: Councilmember Smith moved to include staggered four-year terms along with the non-staggered terms. SECOND: Councilmember Kendrick SUBSTITUTE MOTION VOTE: Failed by a vote of 6 in opposition (Councilmembers Worthy, Talbot, Kizer, Williams, Massey, and Haire) to 5 in favor (Councilmembers Cheek, McBryde, Smith, Kendrick, and Milligan) (Councilmember Fogleman excused) ORIGINAL MOTION VOTE: Failed by a vote of 6 in opposition (Councilmembers Cheek, Kendrick, Talbot, Kizer, Williams, and Haire) to 5 in favor (Councilmembers Worthy, Smith, Milligan, Massey, and McBryde) (Councilmember Fogleman excused) 9. Consideration of request from Councilmember Worthy regarding review of ordinances that permit final approval without Council input. Councilmember Worthy stated that he would like to make sure that any ordinances that empowers zoning boards and commissions to make approvals and recommendations that come before the Council and tie the Council's hands where we have to rubber stamp be pulled by the City Attorney in order that the Council may review them and amend them if necessary. Councilmember Worthy stated these were unfair ordinances. A discussion was held regarding the pros and cons of this issue. Mr. Cogswell advised the Council that they could revise any ordinance as long as it was done in a constitutional manner and the Council could cut themselves out of the process if they so desired. Mr. Cogswell stated that if an ordinance set out conditions to be met and the conditions were met, then the person would be entitled to their request, and if a zoning request was turned down by the City Council, a person would have the legal right to go to the Superior Court and the City could be overturned by that court. Councilmember Worthy requested that the City Attorney review all ordinances. Mr. Cogswell stated that as far as he knew, he had presented all ordinances, but he would continue to look. 10. APPOINTMENTS: A. Historic Resources Commission - nominations are needed to fill three vacancies. The following nominations were made: Councilmember Williams nominated Mr. John Malzone for Category 3. Councilmember Kendrick nominated Mr. John C. Clark, Jr., for Category 3. Councilmember Kizer nominated Michelle A. Michael for Category 4. Councilmember Smith nominated Mrs. Lucy Wofford for Category 5. B. Parks and Recreation Advisory Commission - nominations are needed to fill three vacancies. Councilmember Milligan nominated Ms. Marcia Covell. Ms. Milligan stated that Ms. Covell would resign from the Personnel Review Board. Councilmember Kizer nominated Mr. Karl Legatski. Councilmember Massey nominated Ms. Dorothy Fielder and Mr. Melvin R. Pierce. 11. ADMINISTRATIVE REPORTS A. Report on leaf pickup for 1998. City Manager Roger Stancil presented this item. Mr. Stancil stated that during the budget process, the Council reduced the leaf season to 60 days and based on that a sweep-basis schedule had been made. He recommended a 60-day schedule beginning Monday, November 16, 1998, and ending Friday, January 15, 1999, with another option to begin December 1, 1998, and extend after January 15, 1999. Mr. Stancil stated there were 45 working days in this period, minus the holidays of Thanksgiving, Christmas, and New Year's Day. The day after Thanksgiving is a City holiday but Solid Waste works that day so the leaf machines could run. The trucks and machines would operate on a five-day schedule, eight hours a day to begin at 7:00 a.m. until 3:30 or 4:00 p.m., depending on lunch breaks. The schedule would be affected by the hours of the landfill. There is access to the Wilkes Road landfill daily from 8:00 a.m. until 3:00 p.m. Certain days there would be access to the landfill even though it would be closed, which would help turn-around time. Andrews C & D dumpsite would be a possible option in emergency situations, but there would be a cost of $45 per load. Mr. Stancil stated temporary workers would be brought in a few days early for orientation. This would provide ample time to request additional workers if there were problems. Eight equipment operators would be transferred from RCF and sixteen workers would be hired through a temporary service. Mr. Stancil reminded the Council there would still be containerized pickup on the yard days as currently set out. He stated there would be extensive media advertisement, signs on the rollout carts, and signs in the subdivision entrances to inform the citizens of the residential schedules. Councilmembers expressed their concerns about notification, the length of time for the pickup, and the citizens' responsibility during the season. MOTION: Councilmember Smith moved to adhere to the 60-calendar-day leaf season and anything that is put out that meets the criteria of loose leaves by January 15, 1999, will be picked up by the City. SECOND: Councilmember Talbot Councilmember Kendrick inquired if this could be done within the budget constraints. Mr. Stancil stated that resources would have to be transferred if more people were hired and the work hours were extended. He suggested sticking with the proposed schedule and then re-evaluating the situation in January of 1999. Mr. Stancil stated that if the season was going to be open ended, he did not know if it could be done within 60 days. Discussion was held regarding newly annexed areas where leaves had always been bagged, the cost factor, alternative proposals, the citizens' right to this service, and the need for citizen input. VOTE: Passed by a vote of 6 in favor (Councilmembers McBryde, Cheek, Talbot, Smith, Massey, and Haire) to 5 in opposition (Councilmembers Kendrick, Worthy, Kizer, Milligan, and Williams) (Councilmember Fogleman excused) Councilmember Kendrick inquired if Mr. Stancil's proposal was dead. Mayor Pro Tem McBryde replied Mr. Stancil could go ahead with the proposal but the City would pick up the leaves if they were put out within that 60-day period. A discussion ensued regarding whether the motion was contrary to the proposal. Councilmember Kendrick inquired whether Mr. Stancil felt he could follow the schedule with the other pickup added. Mr. Stancil replied it would be a major challenge and he may have to come back and get additional resources. Mr. Stancil stated it was his plan to continue with the proposed plan and to advertise as much as possible. B. Report on discussion of limited extraterritorial jurisdiction with County Manager. MOTION: Councilmember Kendrick moved to authorize the City Manager to meet with the County Manager and to develop an agreement for the Council and Commissioners' consideration. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Fogleman excused) C. Report on basketball goals on public right-of-way. MOTION: Councilmember Haire moved to refer this item to the Transportation Committee. SECOND: Councilmember Massey VOTE: UNANIMOUS (Councilmember Fogleman excused) D. Update on economic consideration of Rezoning Cases (previously requested by Councilmember Paul Williams). E. Consideration of request by Longview for the City to subordinate two Deeds of Trust. City Attorney Robert Cogswell presented this item and recommended approval. He stated the City held a third Deed of Trust and it would not lose that position. MOTION: Councilmember Smith moved to approve. SECOND: Councilmember Milligan VOTE: UNANIMOUS (Councilmember Fogleman excused) 12. A. Consideration of request for closed session to discuss purchase of property for the Legend Avenue Realignment. B. Closed session to discuss acquisition of property for the Airborne Museum Project. MOTION: Councilmember Smith moved to go into executive session to discuss acquisition of property for the U. S. Airborne Special Operations Museum and for the Legend Avenue realignment. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Fogleman excused) MOTION: Councilmember Massey moved to excuse Councilmember Haire. SECOND: Councilmember Worthy VOTE: Passed by a vote of 9 to 1 (Councilmember Kendrick) (Councilmember Fogleman excused) The executive session began at 9:45 p.m. The regular session resumed at 10:00 p.m. City Attorney Robert Cogswell recommended approving the acquisition of the Wolff Trust Property at the corner of Hay and Robeson Streets for the amount of $86,000. MOTION: Councilmember Kendrick moved to approve the acquisition for the amount of $86,000. SECOND: Councilmember Talbot VOTE: UNANIMOUS (Councilmembers Haire and Fogleman excused) MOTION: Councilmember Kendrick moved to adjourn the meeting. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmembers Haire and Fogleman excused) INFORMATION ITEMS: 1. Phase III-A Annexation Utility Improvement Project. 2. Update on items referred to Planning Commission by City Council. 3. Juvenile Assessment Center moving from the planning stage to implementation. 4. Report on intersection improvements requested by NC DOT at Robeson Street and Levy Drive to install traffic signal. 5. Resignation of Robin Jenkins, Ph.D., Executive Director of Cumberland County CommuniCare, Inc. The meeting adjourned at 10:02 p.m. REGULAR MEETING OCTOBER 19, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER OCTOBER 19, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty S. Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) (arrived at 7:09 p.m.) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer/Assistant City Manager Ben Brown, Chief Development Officer/Assistant City Manager Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Mick Noland, PWC Water and Sewer Department Bevan Grice, PWC Customer Services Manager Vera Bell, Chief Operating Officer - Solid Waste Frank Simpson, Inspections Director Victor Sharpe, Planning Division Manager Joe Boyd, Information Systems Director Pete Piner, Chief Operating Officer - Fire Lisa Smith, Interim Finance Director Curtis Hancock, Project Manager, Administrative Services Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend Danny Allen, of Camp Ground United Methodist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins extended thanks to everyone for their thoughts and prayers. He thanked Mayor Pro Tem McBryde and the Council for filling in for him during his absence. Mayor Dawkins announced the Character Education Concept for October 1998 was responsibility. 1. APPROVAL OF AGENDA MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Smith until he arrived. SECOND: Councilmember Fogleman VOTE: UNANIMOUS Councilmember Milligan requested to be excused from the November 2, 1998 meeting. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Milligan from the November 2 meeting. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Smith excused) Councilmember Smith arrived at 7:09 p.m. City Manager Roger Stancil requested to remove Item 3 from the agenda and to change the wording in the memo in Item 10.A to read "Historic Resources Commission" instead of "Human Resources Commission". City Attorney Robert Cogswell announced that Mrs. Joy Branch had resigned from the Ad Hoc Dog Ordinance Committee. The Council decided that because this was Councilmember Cheek's nomination, she would make a second recommendation to the Mayor for a replacement. Mayor Pro Tem McBryde requested to add Item 2.H, consideration of renaming the City Plaza to the J. L. Dawkins City Plaza. MOTION: Mayor Pro Tem McBryde moved to approve the agenda with additions and deletions. SECOND: Councilmember Cheek Councilmember Kizer requested to abstain from discussion and voting on Item 8. Mayor Dawkins called for the ayes on Councilmember Kizer's abstention request. The votes were unanimous in favor. Councilmember Haire requested to pull Item 6 on the leaf season and to wait for Mr. Stancil's report on the progress. Councilmember Smith requested to report on the League of Municipalities meeting. VOTE: Passed by a vote of 11 to 1 with Councilmember Haire in opposition. 2. CONSENT: Councilmember Williams requested to pull Item 2.C.5. MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exception of Item 2.C.5. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The following items were approved: A. Approve minutes of information meeting of September 28, 1998. B. Adopt ordinance ordering the demolition of property located at 212 Andy Street. (Owners: Earlise and Ellen Jones) AN ORDINANCE OF THE CITY COUNCIL OF FAYETTEVILLE, NORTH CAROLINA REQUIRING THE CITY BUILDING INSPECTOR TO CORRECT CONDITIONS WITH RESPECT TO, OR DEMOLISH AND REMOVE A STRUCTURE PURSUANT TO THE DWELLINGS AND BUILDINGS MINIMUM STANDARDS CODE OF THE CITY. ORDINANCE NO. NS1998-038. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. C. Approve the following financial matters: 1. Adopt Special Revenue Project Ordinance Number 99-3 (Juvenile Restitution Grant). This ordinance is necessary to establish the FY98/99 Juvenile Restitution Program budget in the amount of $115,171. The resources for this program will come from a North Carolina Department of Human Resources grant of $95,976 with a local match of $19,195 provided by Cumberland County. The primary goal of this program is to use community service as an effective resource for the Juvenile Court System. 2. Adopt Special Revenue Project Ordinance Amendment 99-2 (Juvenile Assessment Center Grant). This amendment of $89,651 is for the second year funding of the Juvenile Assessment Center. The source of funds for the appropriation is a $67,238 grant from the North Carolina Governor's Crime Commission and a local match from the City of Fayetteville of $11,207 and Cumberland County of $11,206. 3. Adopt Capital Project Ordinance 99-6 (New Airport Road Landscaping). This ordinance is necessary to establish the budget for the landscaping project along the new Airport Road. The source of funds for this project is a $50,000 transfer from the Airport Operating Fund. 4. Adopt Capital Project Ordinance 99-7 (Airport Entrance Sign). This ordinance is necessary to establish the budget for the entrance sign for the new Airport Road. The current source of funds for this project is a $20,000 transfer from the Airport Operating Fund; however, the Airport anticipates including this project in a future FAA grant. If this project were included in future FAA funding, the Airport Operating Fund would be reimbursed for most of the project costs. 5. Adopt Capital Project Ordinance Amendment 99-2 (T-Hangar Project). This amendment is necessary to appropriate funds for an HNTB change order for additional work associated with re-bidding the T-hangar project. The original bids exceeded the engineer's project estimate and as a result, City Council voted to reject all bids on August 17, 1998. The source of funds for the amendment is $5,354 in capital lease proceeds. 6. Adopt Budget Ordinance Amendment 99-1 (Establishment of Fixed Based Operation Budget and Metro Air Settlement in Airport Fund). This budget ordinance amendment is necessary to establish the budget for the fixed based operations-fuel and line service at $541,984 in the Airport Operating Fund. The source of funds for the appropriation is anticipated fixed based operation revenues for the remainder of the 1998/99 fiscal year. In addition, an airport fund balance appropriation of $400,000 is necessary to cover the settlement reached with Metro Air on September 22, 1998. 7. Approve tax refunds greater than $100. Name Year Basis City Refund Anderson, Joseph 1997 Military Non-resident $113.06 George, DVM MD, Steven Edward 1997 Military Non-resident 104.64 Village Medical Investors 1993-96 Equipment Scrapped in 1992 1,138.70 Total $1,356.40 D. Adopt resolution of the City Council of the City of Fayetteville pursuant to NCGS 160A-31 (c) fixing a date for a public hearing for a petition-initiated contiguous annexation area (Property of M.J. Soffe Company - site of new Distribution Center located east of Soffe Drive, adjacent to current M.J. Soffe facility) (Recommended Public Hearing Date: November 16, 1998) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE PURSUANT TO N.C.G.S. 160A-31(C) FIXING A DATE FOR PUBLIC HEARING FOR A PETITION-INITIATED CONTIGUOUS ANNEXATION AREA. PROPERTY OF M.J. SOFFE CO. - SITE OF NEW DISTRIBUTION CENTER - LOCATED EAST OF SOFFE DRIVE, ADJACENT TO CURRENT M.J. SOFFE FACILITY. RESOLUTION NO. R1998-096. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. E. Approve request from the Fayetteville Junior League for permission to allow temporary off-premises signs for the annual Holly Day Fair. F. Cancel Council Information Meeting of October 26, 1998. G. Approve change order to Player, Inc., for Police Administration Building. The action needed by City Council: 1. Approve a change order to Player, Inc. for $26,645.89. (This is $6,645.89 over the previously authorized amount.) 2. Re-approve a change order to T&H Electrical for $9,830.00. (This is $170.00 under the previously authorized amount.) 3. Re-approve a change order for Access Control for $3,210.38. Access is a subcontractor to Player, Inc. (This is $1,269.63 under the previously authorized ceiling.) H. Consideration of renaming the City Plaza to the J. L. Dawkins City Plaza. 2.C.5. Adopt Capital Project Ordinance Amendment 99-2 (T-Hangar Project) Councilmember Williams requested this item be explained. City Manager Roger Stancil stated that based upon his advice, the Council had rejected the T-hangar bids and the specifications were sent to the engineers for revision. The cost of the amendment to the engineering specifications was $5,000 and approval would provide the funds to pay those monies. MOTION: Councilmember Fogleman moved to approve. SECOND: Councilmember Kizer VOTE: UNANIMOUS Councilmember Smith presented a report on the League of Municipalities Conference. Mr. Smith stated that the League will support an additional one-cent local sales tax authorization provided there is a full municipal share with proceeds to be used for Capital Projects only. Mr. Smith stated the other issue regretfully had been watered down from a full-blown recommendation on how to address the issue of electric deregulation to the League urging the General Assembly to deal with the electric deregulation in the 1999 session. Mr. Smith stated that because the City of Fayetteville is unique in that it has a well-run utility with low rates, he was working hard to get appointed to the committee to represent our interest. 3. Consideration of request to address City Council from Roy Massengill and Pete Pavlikianidis regarding demolition of property located at 1905 Bragg Blvd. This item was removed from the agenda at the request of Mr. Massengill and Mr. Pavlikianidis. 4. Consideration of request to address City Council from Linden Spear of The Haven, Friends for Life of Raeford, NC, regarding animal programs. Ms. Linden Spear, Executive Director of The Haven-Friends for Life, addressed the Council regarding their no-kill shelter located in Raeford, NC. Ms. Spear stated that The Haven's mission was to develop and demonstrate physically responsible and humane alternatives to killing homeless companion animals. She explained that a unique feature of the Haven-Friends for Life was that they developed and pursued innovative affiliations with human service agencies to provide the benefits of the human/animal bond experience. Ms. Spear requested financial support from the Council in order that the following programs could be added in 1999: low cost spay-neuter services; programs offering juveniles with alternatives to gang membership; certified search and rescue dog teams; trained service dogs, and vocational training for persons interested in careers in animals. A discussion was held and Councilmember Cheek requested that this item be sent to the City-County Liaison Committee or be discussed at the Joint City Council/County Commissioners Retreat. 5. Consideration of setting City Council Retreat. City Manager Roger Stancil presented this item. MOTION: Councilmember Kendrick moved to have Mr. McMahon facilitate the retreat on February 5-6, 1999. SECOND: Councilmember Milligan VOTE: UNANIMOUS 6. Discussion of leaf season. (Requested by Councilmember D.J. Haire) This item was pulled by Councilmember Haire. 7. Discussion of Policy 115.4, "Election of Mayor Pro Tempore" for future elections (November 1999). (Requested by Councilmember Curtis Worthy) MOTION: Councilmember Worthy moved to repeal and rescind City Council Policy Number 115.4, and to adopt North Carolina General Statute 160.70. SECOND: Councilmember Talbot City Attorney Robert Cogswell stated there was no need to adopt the statute because if the policy were rescinded, the statute would have to be followed. MOTION: Councilmember Worthy amended his motion to repeal and rescind City Council Policy 115.4. SECOND: Councilmember Talbot Councilmember Smith stated that after reviewing the history, it was his opinion that the Mayor Pro Tem should be elected by as many persons as possible from the City of Fayetteville, and the highest vote getter in the at-large race was the most sensible way to accomplish this goal. Councilmember Fogleman stated that unless the Council decided to go to all at-large candidates, she felt the entire City should have a voice in picking the Mayor Pro Tem. Mayor Pro Tem McBryde stated he agreed with Councilmember Smith and Councilmember Fogleman. Councilmember Williams stated he felt that the City would be better served to select from 11 candidates than have the Council pick the Mayor Pro Tem. Councilmember Talbot stated when the people vote for at-large, they have no idea who the Mayor Pro Tem will be. He stated the statute is clear that the Mayor Pro Tem would be selected from all of the candidates and he supported the motion. Councilmember Worthy stated the state law says "shall elect from its members". It did not say from its three members or its highest vote getter. Mr. Worthy stated the Council needed to do what is best for the City and no Councilmember ran for Mayor Pro Tem and all Councilmembers should be considered. Councilmember Cheek stated she did not see any contradiction with the state law. The Council had decided that from among its members, the person who would be Mayor Pro Tem would be the member that got the largest number of votes. She stated that if anyone had the aspirations to be Mayor Pro Tem, then that person should run at-large. The current policy is straightforward and the voters know this. They look at the at-large candidates for the best representative. Councilmember Massey stated he regretted that the Council could not see the disparity when the Mayor Pro Tem was chosen from the at-large segment. And since this had been done, there were certain segments of the population that had never been elected at-large. Mr. Massey stated the bottom line was the policy is exclusive and the statute does not exclude. Mayor Pro Tem McBryde stated that Mr. Cogswell had said the policy does not conflict with the state statute and he did not see this as an argument. The at-large candidates run among 120,000 people and someone in a district may run against 15,000 people. He stated he felt the elections should come from the whole rather than from a district. Councilmember Smith stated the City of Raleigh at this time did not have a Mayor Pro Tem because the Council was divided and if it had been decided by the people, they would now have a Mayor Pro Tem. Councilmember Williams inquired if the Mayor Pro Tem became Mayor then the policy would leave the Council without a Mayor Pro Tem. Mr. Cogswell stated that in that case, the Council would go by the statute. Councilmember Kendrick stated this policy had come about after a lot of deliberation. He stated that at the time the Council did not want a divided Council or back door politics for the appointment of the Mayor Pro Tem. Councilmember Kendrick stated he still supported that decision and could not support the motion. Councilmember Worthy inquired of Mr. Cogswell what was the intent of the state statute. Mr. Cogswell replied state statutes are to set out the law which is to be followed. Councilmember Worthy stated the Council can not have it two ways. The law said it shall be selected from its members, regardless of how divisive the Council becomes. The law is here for a purpose and it must serve that purpose. Mr. Worthy also stated the people did not vote for Mayor Pro Tem McBryde as a second person and this issue was going to be sent back to the Justice Department for another opinion. This policy is exclusive and it eliminates the mass of the Council. He stated that we need to do what is right for the citizens. VOTE: Failed by a vote of 7 in opposition (Councilmembers McBryde, Cheek, Kendrick, Smith, Fogleman, Kizer, and Mayor Dawkins casting the tie-breaking vote) to 6 in favor (Councilmembers Worthy, Talbot, Williams, Massey, Haire, and Milligan) 8. Discussion of steps taken by annexation project contractors regarding reclaiming the land. (Requested by Councilmember Mark Kendrick) A. Evergreen Estates, Welmar and Drake Park. Councilmember Kizer abstained from discussion or voting on this item. Councilmember Kendrick presented this item. Mr. Gordon Rose, of the Rose Group, presented a slide presentation of the Phase 2 Annexation status report. Mr. Rose reported on the status of the utilities, paving, restoration, driveways, fencing, and storm drainage if applicable for the Evergreen Estates Subdivision, Welmar Subdivision and Drake Park Subdivision. A question and answer period ensued. Councilmember Cheek requested that a flyer be sent out regarding the need for the sod to be watered. Councilmember Smith stated that PWC would include this in their newsletter. Mayor Dawkins asked to be excused from the remainder of the meeting. MOTION: Councilmember Kendrick moved to excuse Mayor Dawkins. SECOND: Councilmember Haire VOTE: UNANIMOUS Mayor Dawkins left the meeting at 8:20 p.m. B. Cloverleaf, Mayfair, Hollywood Heights, Loch Lomond, Glenhaven, North Creek/North Bridle Creek Outfall and Montclair subdivision. Mr. Jeff Reitzel, of Moorman, Kizer and Reitzel, presented a slide presentation and report on the status of Phase 2 Annexation in Cloverleaf Subdivision, Mayfair Subdivision, Hollywood Heights Subdivision, Loch Lomond Subdivision, Glenhaven Subdivision, the North Creek/North Bridle Creek Outfall and the Montclair Subdivision. A discussion was held regarding sidewalk repairs in Montclair, the silt in the storm drains, and the responsibility of the contractors to clean up after the completion of their portion of the work project. Councilmember Worthy inquired as to why Montclair was going to be completed before Hollywood Heights. Mr. Worthy stated he did not understand why projects started after other projects are completed before the others. He asked the staff to explain what was going on. Mr. Worthy stated he thought the project should be done in sequential order and he felt there was a disparity in the City of Fayetteville. Mr. Reitzel explained that building a job was difficult and in Hollywood Heights, the patch paving followed the installation of seven miles of sewer pipes. In Montclair, the contracts were let last and the time crunch was a factor. Mr. Reitzel stated his firm had made a decision that in Montclair it would be better to have both the sewer and the overlay done by the primary contractor. This method gave the engineers more control because engineers have little control over sub-contractors. Councilmember Worthy stated there was a need to put everyone on the same bus. City Manager Roger Stancil stated that neither the City nor PWC responded to any particular district or section of town when planning and implementing programs. 9. Presentation on Public Works Commission customer service. Mr. Bevan Grice, PWC Customer Services Manager, made a presentation on the progress PWC has made in the customer service area. Mr. Grice stated that PWC wanted to insure that in the future it would be the provider of choice. Mr. Grice reported PWC bills 86,000 customers and makes more than 65,000 customer contacts within a month. He stated applications were now being taken over the telephone and that the customer service area had been reorganized to put service where it was needed the most. Mr. Grice said that PWC has expanded their office and telephone hours and are offering customer programs to include SafeWatch, Public Watch, Medical Priority List, Equal Payment Option, Bank Draft, and Military Deposit Waiver Programs with Fort Bragg. A discussion was held regarding taking renter's applications by telephone, the method used by PWC to handle customer calls concerning leaks, and the need for more information on deregulation. 10. APPOINTMENTS: A. Historic Resources Commission - 1. Election of nominees to fill vacancies for Categories 3, 4, 5 Mr. John Malzone was appointed to Category 3 for his first two-year term. Ms. Michelle Michael was appointed to Category 4 for her first two-year term. Ms. Lucy Wofford was appointed to Category 5 for her second two-year term. 2. Nominations to fill two at large vacancies created by revised ordinance dated October 5, 1998. Councilmember Kendrick nominated Susan Shereff for her first two-year term. Councilmember Cheek nominated Mr. John C. Clark for a second term. Councilmember Worthy nominated Mr. Lannie Clark for a first two-year term. B. Parks and Recreation Advisory Commission - election of nominees to fill three vacancies. Mr. Karl Legatski and Mr. Melvin Pierce were re-appointed to a second two-year term. Ms. Marcia Covell was appointed to a first two-year term. C. Juvenile Assessment Center Advisory Board - nominations to fill one vacancy. Councilmember Cheek nominated Mr. Bill Chadwick. Councilmember Worthy nominated Mr. Michael Hines. D. Consideration of request from the Board of County Commissioners for a City Council appointed representative to serve on the Community Health Care Council (CHCC). Councilmember Fogleman nominated Mrs. Beatrice Matthews. Councilmember Worthy nominated Ms. Dorothy Fielder. 11. ADMINISTRATIVE REPORTS A. Report on Fixed Based Operation at Fayetteville Regional Airport. City Manager Roger Stancil presented this item. He gave a re-cap of the responses which had been made by memo to 24 issues submitted by Councilmember Talbot on September 28 and October 3, 1998. Mr. Stancil covered cost benefits analysis, lease expirations, employee hours expended, justified complaints against FBO, prior FBO litigation, taxes and rents, Metro employee issues, outside counsel fees, appraisal costs, consultant feasibility/study costs, operations, flight school, aircraft rental, long-term future, contract airline maintenance, leases and rates, city insurance, fuel farm security, city fuel pricing, house-keeping, erosion control, T-hangars, oil storage, and City's overhead costs for fueling. Mr. Stancil informed the Council that in his opinion, there were three FBO options for the City. The City could either operate the fuel services, do a contract management, or could lease the FBO facilities to someone else. Mr. Stancil suggested that a public forum might be held for input and that a facilitator might be a good way to make the necessary determinations. Councilmember Massey inquired about the financial status of the airport operation. Mr. Stancil stated the airport is a moneymaking operation and no transfers had been made from the City's General Fund into the Airport Fund. Mr. Stancil stated no local taxes had been spent at the airport and all airport expenses have been reimbursed to the City's General Fund. Councilmember Milligan inquired about the number of hours the City Attorney has spent on answering the questions covered by Mr. Stancil. Mr. Cogswell replied he had spent four to five hours on his response memo. Councilmember Milligan stated she thought it was time to go forward and for the Council to give a vote of confidence to Mr. Whited and the Airport Commission. Councilmember Talbot requested that Mr. Stancil bring back alternatives regarding the T-hangars and private land leasing. Councilmember Williams stated he agreed that a neutral person should help with the decisions that needed to be made, but he felt it should have been done earlier. Mr. Williams stated he felt the City should learn from any mistakes it has made. Councilmember Smith stated the reasons for voting on the settlement were set out in a closed session and the City got a working operation for the dollars. Mr. Smith stated this was for the betterment of the City and there was a need to move forward. B. Report on Transportation Transfer Facility. City Manager Roger Stancil presented the plan to relocate the bus transfer point to the area behind the Cape Fear/Yadkin Valley depot. A discussion was held regarding the issue of parking in this area. MOTION: Councilmember Fogleman moved to go forward with Phase I Cape Fear/Yadkin Valley Depot. SECOND: Councilmember Smith VOTE: UNANIMOUS C. Report on activities undertaken by City departments in Annexation Area 3A since June 30, 1998. D. Report on false alarms. City Manager Roger Stancil reviewed the report in the agenda. Mr. Stancil stated the adopted regulations had seemed to resolve the problem in false fire alarms but due to the increase in activity, the burglar response alarms were still a problem. Mr. Stancil recommended that the City take another look at the alarm regulations from two perspectives (1) either increasing the cost of repeated false alarm responses to the alarm owner, or (2) privatizing the administration of the alarm regulations thereby allowing a reduction of administrative costs or reallocation of the resources. A discussion was held regarding the current procedures used to collect penalties and the amount of monies that had been collected versus the amount of monies owed. Councilmember Smith requested information on the numbers on the fee schedules for both commercial and residential incidents in order that excessive fines be avoided. MOTION: Councilmember Kendrick moved to request a representative from Charlotte come to speak to the Council regarding the procedures they use in this area. SECOND: Councilmember Cheek Councilmember Talbot requested that this person be allowed to address the issue of the use of cameras. Mayor Pro Tem McBryde ruled that Councilmember Talbot's request could not be addressed at this time. VOTE: Passed by a vote of 11 to 1 with Councilmember Worthy voting in opposition. INFORMATION ITEMS: 1. Invitation to Open House of Seabrook Neighborhood Resource Center, 1520 Slater Avenue. 2. Statement of taxes collected for the month of September 1998, from the Cumberland County Tax Collector. 1998 Taxes $5,600,270.93 1998 Vehicle Taxes 207,358.36 1998 Revit 14,429.64 1998 Vehicle Revit 173.27 1998 FVT 27,530.00 1998 Storm Water 346,135.39 1997 Taxes 43,100.79 1997 Vehicle Taxes 31,903.46 1997 Revit 0.00 1997 Vehicle Revit 9.51 1997 FVT 4,232.68 1997 Storm Water 2,259.68 1996 Taxes 15,464.20 1996 Vehicle Taxes 969.21 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 170.00 1996 Storm Water 941.88 1995 Taxes 9,364.39 1995 Vehicle Taxes 120.42 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 15.00 1995 Storm Water 607.27 1994 & Prior Taxes 2,786.79 1994 & Prior Vehicle Taxes 18.53 1994 & Prior Revit 0.00 1994 & Prior Vehicle Revit 0.00 1994 & Prior FVT 13.02 Interest 11,806.44 Interest (Revit) 0.30 Interest (Storm Water) 494.36 Fayetteville Discount (104,109.31) Revit. Discount (279.62) Total Collections $6,215,786.59 3. Report on tax refunds less than $100. Name Year Basis City Refund Anderson, Walter James & Jean C. 1997 Double listed $39.85 Domingo, Antonio A. 1995-97 Military Non-resident 80.12 George, Steven Edward & Margaret M. 1997 Military Non-resident 23.42 Hayes, Michael Bernard 1996 Double listed 7.43 Jordan, Wayne 1998 Military Non-resident 5.99 Muskey, Jr., Rickey N. 1997 Military Non-resident 95.42 Pereira, Jesus Antonio & Ivette 1996-1997 ½ Military non-resident (Jesus) 13.13 Skrumbellos, Marshall Curtis 1996 Military Non-resident 11.19 Total $276.55 4. Response to Councilmember Paul Williams' request for information on traffic counts for Robeson/Levy and Robeson/Commerce Street. 5. Response to Councilmember Mark Kendrick's request for information on parking on right-of-way on public streets. 6. Response to Councilmember Mark Kendrick's request for information on the signal adjustment at Montclair Road and Raeford Road. 7. Report on Fayetteville's Early African-American Cemetery 8. Notice of Public Hearings by the N.C. DOT for the widening of Bunce Road and the widening of Cliffdale Road (Reilly Road to Highway 301). 9. Police Department - Monthly report from the Office of Professional Standards for the month of September 1998. 10. Parks and Recreation Advisory Commission - minutes of September 28, 1998. 11. PWC - minutes of September 23, 1998. 12. FAEDC - minutes of September 15, 1998. 13. Planning Department monthly report for September 1998. (Inserted in packet.) MOTION: Councilmember Smith moved to adjourn the meeting. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The meeting adjourned at 9:45 p.m. REGULAR MEETING NOVEMBER 2, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 2, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Betty Milligan (District 1) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Robert Barefoot, Chief Operating Officer - Recreation and Community Facilities Vera Bell, Chief Operating Officer - Solid Waste Victor Sharpe, Planning Division Manager Ron Hansen, Chief Operating Officer - Police Lisa Smith, Interim Finance Director Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Worthy, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION City Manager Roger Stancil presented the Council with a Civil Rights Award, which had been presented to the Fayetteville Police Department by the International Association of Chiefs of Police on October 22, 1998, in Salt Lake City, Utah. Mr. Stancil stated the Civil Rights Award was bestowed upon a law enforcement agency that demonstrated exemplary performance in the investigation and/or prevention of civil rights crimes, the enforcement of civil rights statutes and education efforts regarding civil rights issues. The award was presented to the Fayetteville Police Department for outstanding work in the criminal investigation, and the successful conclusion of the racially motivated killing of two African-Americans, Jackie Burden and Michael James, by three soldiers assigned to Fort Bragg. The quick apprehension of the three murder suspects resulted in the uncovering of the existence of a white supremacist "skinhead" group at Fort Bragg, NC. Chief Ron Hansen introduced Officer Victor Starling, Investigator Chris Corcione, Investigator Chris Pryer, Sergeant Bill Mitrisin and Carl Milazzo, the Police Attorney, as the persons primarily responsible for the solving of this crime. He thanked them for their diligence in the investigation. Mayor Dawkins announced the Character Education Concept for November 1998 was integrity. 1. APPROVAL OF AGENDA Mayor Dawkins announced that Councilmember Milligan had been excused from this meeting on October 19, 1998. Councilmember Talbot announced the first Veterans' Day Parade would be held on Saturday, November 5. Councilmember Talbot encouraged everyone to attend the parade. MOTION: Mayor Pro Tem McBryde moved to approve the agenda. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Milligan excused) 2. CONSENT: City Attorney Robert Cogswell reminded everyone that a revised page in the October 5, 1998, minutes had been passed out correcting Item 2.C. MOTION: Councilmember Cheek moved to approve the consent agenda with the corrected minutes' page. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Milligan excused) The following items were approved: A. Approve minutes of regular meeting of October 5, 1998. B. Approve Lease Agreement between City of Fayetteville and Bragg Mutual Federal Credit Union for space in City Hall. C. Approve the following PWC bid awards: 1. Award of purchase contract for two (2) 25KV, 200A Primary Metering Enclosures, PWC Stock No. 1-115-250, with option to order additional units within a one-year period, to Rigby Electric Supply (Rocky Mount, NC), lowest bid meeting specifications in the amount of $42,600.00. Bids were received as follows: Rigby Electric (Rocky Mount, NC) $42,600.00 WESCO (Raleigh, NC) $44,416.00 Eastern Electric (Rocky Mount, NC) $42,664.00 Scott-Parish (Wake Forest, NC) $43,954.20 Hesco (Smithfield, NC) *$37,950.00 * (Did not meet specifications) 2. Award of purchase contract for 75 each 50 KVA Padmounted Transformers, PWC Stock No. 1-295-630, with option to purchase additional quantities within a one-year period to Howard Industries, Inc., c/o Richardson Associates (Kenly, NC), lowest evaluated bid, in the amount of $74,700.00. Bids were received as follows: Howard Industries c/o Richardson Associates (Kenly, NC) $74,700.00 ERMCO c/o National Transformer (Raleigh, NC) $89,925.00 WESCO (Raleigh, NC) $93,900.00 Rigby Electric (Rocky, Mount, NC) $71,550.00 Power Supply (Matthews, NC) $81,337.50 Scott-Parish (Wake Forest, NC) $100,737.00 3. Award of purchase contract for purchase of two (2) 25 KV, 600A Primary Metering Enclosures, PWC Stock No. 1-115-255, with option to order additional units within a one-year period, to Rigby Electric Supply (Rocky Mount, NC), lowest bid meeting specifications, in the amount of $46,278.00. Bids were received as follows: Rigby Electric (Rocky Mount, NC) $46,278.00 WESCO (Rocky Mount, NC) $48,246.00 Eastern Electric (Rocky Mount, NC) $46,342.00 Scott-Parish (Wake Forest, NC) $47,743.80 Hesco (Smithfield, NC) *$39,900.00 * (Did not meet specifications) D. Approve of Option and License Agreement, Multiple Site Agreement between Triton PCS, Public Works Commission and City of Fayetteville for placement of antenna attachments on water towers located on Wilson Street (Fayetteville), Clinton Road (Unincorporated area) and Well Street (Hope Mills). (PWC) E. Approve conveyance of easement to N.C. DOT for Cliffdale Road Improvement Project. F. Approve referral of a portion of the Historic Resources Ordinance to the Planning Commission for changes on enforcement requirements. G. Approve the following financial matters: 1. Adopt Capital Project Ordinance 99-8 (Landscaping on Murchison Road at the Martin Luther King, Jr. Boulevard Overpass). On August 17, 1998, the City Council approved a municipal agreement for the installation of landscape plantings on Murchison Road at the Martin Luther King, Jr. Boulevard Overpass. This ordinance is necessary to establish the $25,000 budget for this project. The North Carolina Department of Transportation will provide 100 percent of the funding for the project, not to exceed $25,000. 2. Adopt Budget Ordinance Amendment 99-2 (Transportation Demonstration Grant to enhance Transit Services to the County). On October 5, 1998, City Council approved Cumberland County's request for $16,666 in matching funds for a transportation grant to enhance transit services to the County. The transportation grant is for a new bus route that will serve the Cumberland County Industrial Park, Town of Hope Mills, and Cape Fear Valley Medical Center. The total annual cost for the new route will be $207,485. This amendment is necessary to establish a budget for the service. Funding for the route will be provided by the North Carolina Department of Transportation through the Rural Demonstration Program ($74,152) and the State Maintenance Assistance Program ($100,000), Cumberland County ($16,667) and the City ($16,666). Since the City's share of $16,666 is already budgeted, this amendment only increases the appropriation by the State and County share of $190,819. Any farebox revenues received through this route will be applied to the local match, reducing the commitment of the City and the County. 3. PUBLIC HEARINGS: A. P98-48F. Consideration of an application by Glenn Sledge for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-23 to allow automobile off-street parking in an R10 Residential District for an area located at 1807 Conover Drive. Containing .50 acres more or less and being the property of Bordeaux Center, Inc. as evidenced by deed recorded in Deed Book 3664, Page 610, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal stated a special use permit was required to use the property as a parking lot because it was located in an R10 zone. Mr. Teal said the Zoning Commission recommended approval with the following conditions: (1) Parking from 6 a.m. to midnight; (2) Uncontrolled free access and primary use for hospital care; (3) No signs in the parking lot or along the streets or drive; (4) No access to the parking lot on Conover Street but access would be from the internal parking lot within the shopping center; and (5) No parking would be allowed closer than 20 feet to the lot line on the south and west side of the parking lot. This is the advertised public hearing set for this date and time. The public hearing opened at 7:20 p.m. Mr. Glenn Sledge, 1740-A Owen Drive, Fayetteville, NC, was sworn in and appeared in favor of the special use permit. There was no one else present to speak either in favor or opposition and the public hearing closed at 7:21 p.m. MOTION: Councilmember Kendrick moved to approve the special use permit with the following findings of fact. (1) "Section 32-23(1a) Automobile off-street parking for employees and customer use for uses which are not in the district and uses which would not otherwise be permitted upon and after obtaining a special use permit issued by the city council upon recommendation of the zoning agency after public hearings as required by this chapter for amendments. Special use permits issued under this subsection shall be subject to the following conditions in order to preserve and protect the character of the district in which the parking is located and otherwise protect the purpose of this chapter. The proposed parking lot or area shall be graded, drained and surfaced in a manner which shall assure its maintenance in a satisfactory condition. Screening, circulation pattern, points of access and egress, lighting and signs and other as may be stipulated by the city council or the zoning agency shall be so designed and so constructed as to protect the residential character of the neighborhood in which they are located. All applications for a special use permit shall be accompanied by plans showing the location and size of the proposed parking area and its location in relation to surrounding buildings as well as proposed grading, drainage, surface materials, screening, circulation pattern, points of access and egress, lighting and signs. A statement shall also be made as to the intended use of the lot including type and ownership of vehicles to be parked, hours of operation, methods of operation and other as may be pertinent. The plans and statements made in the application when approved, will be a condition of the special use permit and such special use permit shall be subject to revocation by the City Council after a public hearing and after the review and recommendation of the zoning agency if the plans or the conditions specified in the application are not complied with." (2) No driveway access from Conover Street. (3) Parking be allowed no closer than 20 feet to the lot line on the south and west sides of the lot. (3) Existing hedge buffer remains. SECOND: Mayor Pro Tem McBryde Councilmember Williams offered a friendly amendment that the owners be allowed to place a sign stating this is for hospital parking. Councilmember Kendrick accepted the friendly amendment. VOTE: UNANIMOUS (Councilmember Milligan excused) B. P98-50F. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article VIII, Section 32-59.5:1-5 with the following deleted in its entirety: Plain flags with no advertising or information provided such flags are displayed on permanent pole structures and are properly maintained. Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe recommended approval of the revisions and amendments. A discussion was held regarding the definition of plain flags. Mr. Sharpe explained they were non-advertising colored flags and non-informational flags. He also stated the ordinance would not affect any flags of nations or states. Councilmember Williams inquired if this applied to residences and if so, was there a limit as to the number of flags. Mr. Sharpe stated the limit was three flags and it did apply to residences. Mayor Pro Tem McBryde stated the number of flags was not being addressed and the only thing being addressed was the advertising flags with nothing on them. This is the advertised public hearing set for this date and time. The public hearing opened at 7:30 p.m. Mr. Gordon E. Johnson, 334 Northview Drive, Fayetteville, NC, appeared in favor of the three flags. He requested an amendment be made to the ordinance to include a plain flag within the three flags. Mr. David Bryan, 156 Ellerslie Drive, Fayetteville, NC, an employee at Bryan Pontiac, appeared on behalf of the Fayetteville Area New Car and Truck Association. Mr. Bryan stated the association was now in favor of the removal of the signs. He said this would be a no-cost step to anyone and he did not feel the flags had any impact on sales. There was no one further to speak in favor of this issue. Mr. Jerry Clemmons, Purvis Ford, Bragg Boulevard, Fayetteville, NC, appeared in opposition to the ordinance amendment. Mr. Clemmons stated it would take just as much effort to enforce the ordinance if it was deleted as it would to enforce the current ordinance. Mr. Clemmons requested the Council to leave the ordinance as it is and to enforce the current ordinance by meeting it head on for compliance. Mr. David Baldwin, Baldwin Ad Specialties, 1602 Dolphin Drive, Spring Lake, NC, appeared on behalf of the Used Car Association and requested the ordinance be left intact. Mr. Baldwin stated there would be lost revenue from a reduction in sales taxes. Mr. David Granger, Autos Unlimited, Inc., 5851 Yadkin Road, Fayetteville, NC, appeared in favor of leaving the ordinance intact. Mr. Granger stated that as a small business, he used the flags as a means of advertising. He asked the Council to consider that this change would effect the livelihood of all independent car dealers. There was no one further to speak in opposition and the public hearing closed at 7:41 p.m. MOTION: Councilmember Smith moved to approve the deletion of the ordinance as presented in its entirety. SECOND: Councilmember Fogleman A lengthy discussion was held by Council regarding the pros and cons of removing the signs and amending the ordinance. Also discussed were the economic effects, the issue of the right to freedom of expression, and the Fayetteville Appearance Commission survey. VOTE: Passed by a vote of 6 in favor (Councilmembers McBryde, Cheek, Kendrick, Smith, Fogleman, and Kizer) to 5 in opposition (Councilmembers Worthy, Talbot, Williams, Massey, and Haire) (Councilmember Milligan excused) City Attorney Robert Cogswell stated a second reading with no discussion would be required at the next meeting. Mayor Dawkins asked to be excused from the meeting. MOTION: Councilmember Massey moved to excuse Mayor Dawkins. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Milligan excused) 4. Consideration of the naming of a ball field at College Lakes Park in honor of Marshall Thorpe. Mr. Robert Barefoot, Chief Operating Officer-Recreation and Community Facilities, presented this item. He requested that the ball field be named in honor of Mr. Marshall Thorpe, an employee of the City who had made a major impact on the youth by genuinely caring about them. MOTION: Councilmember Haire moved to follow the recommendation of the Parks and Recreation Advisory Commission. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Milligan excused) 5. Consideration of revisions to Sections 14-17 and 14-30 of the Fayetteville City Code regarding Solid Waste. City Manager Roger Stancil presented this item. Mr. Stancil recommended amending the Solid Waste ordinance to reduce the amount of time allowed for people to abate violations of the Solid Waste ordinance from 15 to 10 days, thereby making it consistent with other sections of the City Code and to increase the penalty of repeat offenders to $1,000. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTIONS 14-17 AND 14-30 REGARDING SOLID WASTE OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1998-012. MOTION: Councilmember Fogleman moved to approve the reduction in time and the increase in the penalty to $1,000. SECOND: Councilmember Kendrick Councilmember Cheek stated she had a problem with the yard waste and requested that the procedure be explained. Mr. Stancil explained that the ordinance changes would apply to uncontainerized nonconforming yard trash only. Mr. Stancil said the Solid Waste employees worked with people before citing them and a repeat violator would receive a higher penalty. Councilmember Kendrick requested clarification on when the process would start. Councilmember Haire stated he felt there needed to be enforcement on what is already on the books and that City employees should report any violations they see on a daily or weekly basis. Councilmember Worthy stated he felt the requirements should be more stringent and the 10 days should be reduced to 5 days. Mr. Stancil replied the 10 days made the ordinance consistent with other sections of the ordinance. Councilmember Williams requested that a warning be given by placing a notice on the violation itself. City Attorney Robert Cogswell stated the problem with that was it must be proven the owner had received notice and warnings placed on the violations themselves would not meet this requirement. Councilmember Talbot inquired if there were a review board to deal with extenuating circumstances. Mr. Stancil replied if there was a problem or an appeal process, it was handled by the City Attorney's office. Councilmember Kendrick requested that the focus group look at requiring that items be placed behind the curb rather than on the street. VOTE: UNANIMOUS (Councilmember Milligan excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1998. 6. Consideration of award of contracts for Fire Station Number 8. City Manager Roger Stancil presented this item. The following project bids were presented: Combined Bids Total Base Bid Metal Exterior $925,016.00 $ 925,016.00 Alternate #1 Brick Veneer on front of building $ 33,143.00 $ 958,159.00 Alternate #2 Brick Veneer on entire exterior $ 91,460.00 $1,034,024.00 MOTION: Councilmember Cheek moved to accept the base bid for Alternate #2, brick veneer on entire exterior, in the amount of $1,034,024. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Milligan excused) The following bid proposal and explanation was approved: Contract Bidder Bid Price General Player, Inc. $758,460.00 Mechanical Arnold Services $ 44,500.00 Plumbing Coffman Plumbing Co., Inc. $123,748.00 Electrical J.L. Britt Electric $107,316.00 Total $1,034,024.00 The $190,325 overage could be made up by using $50,000 that was earmarked for project management, reducing Contingency by $30,000 and replacing it with sales tax as it accrues, funding the entire $71,000 of Furniture and Equipment with FY 99-00 general fund. The Fire Department suggested funding the balance of $39,325 by deferring vehicle replacement. 7. Report from City-County Liaison Committee. Councilmember Massey presented a synopsis of the meetings and reviewed the minutes of August 20, 1998, and October 22, 1998. He stated he felt there was a positive dialogue going on between the City and County and there was a need for both governmental bodies to work on both the City's urban issues and the County's rural issues. Mr. Massey stated the Liaison Committee is addressing the issues of recycling, the dog ordinance, the consolidation of the two inspections departments, and he also felt there was a need to look at metro government. 8. Report from Transportation Committee. Councilmember Kendrick presented this item. A. Discussion of Sidewalk Policy and sidewalk regulations in Chapter 26 & Chapter 27 in the City Code of Ordinances. Councilmember Kendrick recommended sidewalks be required only on one side of a street and that sidewalks not be required on cul-de-sacs less than 500 feet in length. MOTION: Councilmember Kendrick moved to approve the recommendation. SECOND: Councilmember Smith Discussion was held. Councilmember Williams stated this would keep persons from qualifying for loans because of the increased cost of a house. He expressed his opposition to requiring sidewalks. VOTE: Passed by a vote of 9 in favor to 2 in opposition (Councilmembers Worthy and Williams) (Councilmember Milligan excused) B. Discussion of DOT requirements for traffic signal installation at the intersection of Robeson Street and Levy Drive. This item was referred to the Transportation Committee. No vote was taken. C. Discussion of school zone on McPherson Church Road at Village Drive Baptist Church. Councilmember Kendrick recommended installation of a 35-mile-per-hour school zone from 7:30 to 8:30 a.m. and 2:00 to 3:00 p.m. Mr. Kendrick stated there would be overhead flashing lights. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 8 - SPEED CONTROL. 35-MILE-PER-HOUR SCHOOL ZONE SPEED LIMIT. MCPHERSON CHURCH ROAD FROM A POINT 100 FEET SOUTH OF SOUTHERN BACK OF CURB OF MURRAY HILL ROAD TO A POINT 60 FEET NORTH OF NORTHERN BACK OF CURB OF GUY CIRCLE, SOUTH END (VILLAGE CHRISTIAN ACADEMY SCHOOL ZONE IN EFFECT FROM 7:30 TO 8:30 A.M. AND 2:00 TO 3:00 P.M. ON SCHOOL DAYS ONLY. ORDINANCE NO. NS1998-039. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Milligan excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1998. D. Discussion of multi-way stops at the intersection of McKimmon Street and McPherson Avenue. Councilmember Kendrick stated the Committee recommended denial of the multi-way stop signs and suggested increased police enforcement be requested. No vote was taken on this item. E. Discussion of DOT feasibility studies for Ramsey Street (Grove Street to Slocum Road); Raeford Road (Ireland Drive to Skibo Road); Cliffdale Road (Morganton Road to McPherson Church Road); and All American Freeway (from Owen Drive to Gruber Road). Councilmember Kendrick presented this item. He stated the Committee made some recommendations for turn lanes and bridge abatements on Ramsey Street, intersection improvements on Raeford Road, and widening Cliffdale Road to a five-lane road and widening on the All American Freeway with the widening going toward the center of the existing median. MOTION: Councilmember Talbot moved to recommend widening Cliffdale Road to a five-lane road. SECOND: Councilmember Worthy Councilmember Kendrick stated he did not vote for this recommendation at the meeting and he could not support it now. He stated he preferred four lanes with a grass and tree planted median. Councilmember Talbot stated that the Council had previously decided to go forward with five lanes with the center lane lined. This is the option that is still available and what he recommended was four or more lanes. Councilmember Cheek inquired if the motion could be worded to reflect the recommendation of four or more lanes with the option of tree lined or five lanes. Councilmember Talbot agreed to the rewording. VOTE: Passed by a vote of 9 in favor to 2 in opposition (Councilmembers McBryde and Cheek) (Councilmember Milligan excused) MOTION: Councilmember Kendrick moved that any widening on the All American Freeway occurs within the median. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Milligan excused) F. Discussion of right turn lane on Raeford Road and McPherson Church Road. MOTION: Councilmember Kendrick moved to proceed with the design and construction of the intersection improvement at Owen Drive and Raeford Road. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Milligan excused) G. Discussion of basketball goals on public right-of-way. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 26-5, POLES AND WIRES--PERMIT TO PLACE, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1998-013. MOTION: Councilmember Kendrick moved to rescind the ordinance allowing basketball goals on City right-of-way and removal within 90 days of existing permitted goals. SECOND: Councilmember Kizer VOTE: UNANIMOUS (Councilmember Milligan excused) A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1998. H. Update of Shedd Avenue MOTION: Councilmember Kendrick moved to accept the 250 feet paved portion of Shedd Avenue. SECOND: Councilmember Haire VOTE: UNANIMOUS (Councilmember Milligan excused) I. Update of Malloy Drive Because of a pending lawsuit, consideration of this item was deferred until January 1999. 9. Consideration of adoption of a Resolution of Appreciation in honor of Congresswoman Eva M. Clayton. (Requested by Councilmember Robert Massey) Councilmember Massey presented this item and he requested the Council adopt the resolution honoring Congresswoman Eva M. Clayton. A RESOLUTION OF THE FAYETTEVILLE CITY COUNCIL HONORING THE HONORABLE EVA M. CLAYTON, CONGRESSWOMAN, FIRST DISTRICT, NORTH CAROLINA. RESOLUTION NO. R1998-097. MOTION: Councilmember Massey moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Milligan excused) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 10. Consideration of adoption of a Resolution requesting the N.C. Board of Transportation name Highway 401 Bypass in honor of A. Wilbur Clark. (Requested by Mayor Pro Tem Milo McBryde) Mayor Pro Tem McBryde stated the North Carolina Department of Transportation had requested that the Council pass a resolution in support of the renaming of the 401 bypass in honor of A. Wilbur Clark. Mr. McBryde stated the County Commissioners had approved this action at their meeting. MOTION: Councilmember Fogleman moved to adopt the resolution. SECOND: Councilmember Haire A discussion was held regarding the City's responsibility in naming streets and the need for a public hearing to be held on the renaming issue. The consensus of the Council was that based on past public reaction to address changes, more information was needed before action was taken. MOTION: Councilmember Smith moved to postpone the item for two weeks and to get more information from Mr. Tippett regarding the ramification of the requested action. SECOND: Councilmember Cheek VOTE: UNANIMOUS (Councilmember Milligan excused) Councilmember Cheek requested that the information on Mr. Clark be reorganized by the staff. 11. Discussion of referring the Sign Ordinance to the Appearance Commission and staff for simplification and clarification. (Requested by Councilmember Paul Williams) Councilmember Williams requested that the sign ordinance be referred to the Appearance Commission and staff for simplification and clarification. MOTION: Councilmember Williams moved to send the ordinance to the staff to look at and make it easier to read. SECOND: Councilmember Haire VOTE: Passed by a vote of 8 in favor to 3 in opposition (Councilmembers Cheek, Kizer and Fogleman) (Councilmember Milligan excused) Councilmember Kizer stated the ordinance had been set up to be an amortized ordinance and that was why it was so large. Mr. Kizer advised that caution should be used in revamping this ordinance because the ordinance had a good framework to work with in the future. 12. Request for closed session to discuss personnel matter. (Requested by Councilmember Paul Williams) MOTION: Councilmember Williams moved to do this closed session to discuss personnel matters with the other closed session for the acquisition of property. SECOND: Councilmember Haire VOTE: UNANIMOUS (Councilmember Milligan excused) 13. APPOINTMENTS: A. Historic Resources Commission - election of nominees to fill two vacancies in the at-large category. Ms. Susan Shereff and Mr. Lanny Clark were appointed to their first two-year at-large terms. B. Juvenile Assessment Center Advisory Board - election of nominee to fill one vacancy. Mr. Bill Chadwick was appointed to fill the vacancy on the Juvenile Assessment Center Advisory Board. C. Community Health Care Council - election of nominee to fill one vacancy. Councilmember Smith announced that Ms. Beatrice Matthews had been appointed by the County Commissioners for their position and he withdrew her name. Ms. Dorothy Fielder was appointed by acclamation to the vacancy on the Community Health Care Council. D. Fair Housing Board - nominees are needed to fill two vacancies for at-large category. Councilmember Fogleman stated that Mr. Phillip McGuire, a member of the Board, had died, thereby creating a third vacancy. Mr. Michael Hines was nominated for a first term by Councilmember Worthy. Mr. John Gregory Hood was nominated for reappointment to a second term by Councilmember Kendrick. Mr. Richard Leslie was nominated for reappointment to a second term by Councilmember Kizer. 14. ADMINISTRATIVE REPORTS A. Report on City properties. City Manager Roger Stancil presented the inventory of properties owned by the City. He stated there were 20 properties available for sale without conditions. Mr. Stancil recommended contracting with an auctioneer with all expenses being charged back to the properties. He stated there probably would not be much money realized from the sales. Mr. Stancil advised the Council they needed to consider the status of the car wash property on Ray Avenue. Councilmember Fogleman asked for clarification on the parking lots around the City Hall area. Mr. Stancil stated they would only be sold if a parking garage were built. MOTION: Councilmember Williams moved to go ahead with the 19 properties as set out and recommended by the City Manager. SECOND: Councilmember Talbot VOTE: UNANIMOUS (Councilmember Milligan excused) MOTION: Councilmember Smith moved to retain the property on the corner of Rowan Street and Ray Avenue and not place it for sale at this time. SECOND: Councilmember Kendrick VOTE: Passed by a vote of 10 in favor to 1 in opposition (Councilmember Williams) (Councilmember Milligan excused) B. Report on City Council Goals. 15. Consideration of request for closed session to discuss property acquisition. Mayor Pro Tem McBryde stated the motion had been previously made to go into closed session to discuss the personnel matter and the acquisition of property. The Council went into closed session. The regular meeting resumed at 10:20 p.m. INFORMATION ITEMS: 1. Response to Councilmember Worthy's concerns regarding annexation construction projects. 2. Information from N.C. DOT Public Hearing for Bunce Road and Cliffdale Road projects. 3. Memo from Chief Operations Officer of the Recreation/Community Facilities Department regarding storm water ordinances. 4. Information on Preservation Seminar sponsored by Historic Resources Commission. 5. Monthly update on Civil Engineering Division active projects. 6. Airport Commission - minutes of September 29, 1998; minutes of Tenant Manager Meeting, October 14, 1998. 7. Parks and Recreation Advisory Commission - minutes of September 28, 1998. MOTION: Councilmember Smith moved to adjourn the meeting. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Milligan excused) The meeting adjourned at 10:21 p.m. REGULAR MEETING NOVEMBER 16, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 16, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Robert Barefoot, Chief Operating Officer - Recreation and Community Facilities Craig Hampton, Administrative Services Director Victor Sharpe, Planning Division Manager Scott Dorney, Chief Human Resources Officer Lisa Smith, Interim Finance Director James Rose, PWC Chief Administrative Officer Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Kendrick, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented to the Cumberland Community Foundation's Director Mary Holmes, a proclamation declaring the week of November 16-20, 1998, as Community Foundation Week. Ms. Holmes accepted the award and thanked everyone in the community for their support. Mayor Dawkins introduced Boy Scout Troop 740 from Haymount United Methodist Church. Mayor Dawkins announced the Character Education Concept for November 1998 was integrity. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to add Item 2.L, approve award of contract for replacement of a Supervisory Control and Data Acquisition (SCADA) Master Station to QEI, Inc., low evaluated bidder. Mr. Stancil also requested to add Item 11.D, report on the Robert C. Williams Business Center at Lafayette Plaza, and Item 11.E, a closed session to discuss economic development. Councilmember Cheek requested to take consent Item 2.I.3 off of the consent agenda and make it Item 10.B. Councilmember Talbot requested to pull Item 9 from the agenda. MOTION: Councilmember Massey moved to approve the agenda with the additions and deletions. SECOND: Councilmember Talbot VOTE: UNANIMOUS 2. CONSENT: Councilmember Kizer requested to abstain from discussion or voting on Items 2.H.3 and 2.H.4. MOTION: Mayor Pro Tem McBryde moved to excuse Councilmember Kizer from discussion or voting on Items 2.H.3 and 2.H.4. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Kizer abstaining) MOTION: Councilmember Cheek moved to approve the consent agenda with the exceptions of Items 2.H.3 and 2.H.4. SECOND: Councilmember Milligan VOTE: UNANIMOUS The following items were unanimously approved: A. Approve minutes of regular meeting of October 19, 1998. B. Approve tax refunds greater than $100. Name Year Basis City Refund Brown, Michael Thomas 1997 Military Non-resident $167.01 Cliffdale One 1997 Exempt property - deed failed to be recorded 181.91 c/o Walker Builders 1998 Wool, Ronald Norman 1997 Military Non-resident 138.11 Total $487.03 C. P98-49F. Approve the rezoning from C1 Local Business District to R5 Residential District or to a more restrictive zoning classification for an area located at 710, 714, 716-723, 725-729, 731 and 732 Wilmington Road, south of Wright Street. Containing 3.22 acres more or less and being the property of Fayetteville Redevelopment Corporation; City of Fayetteville; Fayetteville Area Habitat for Humanity, Inc.; Doris Joyner, Benjamin Wilkerson and wife; Orville A. Wint; B.F. Wilkerson & Wife; as evidenced by deeds recorded in Deed Book 2538, Page 259; 2540, Page 821; 2570, Page 318; 2683, Page 310; 2536, Page 131; 2685, Page 586; 4921, Page 806; 2683, Page 93; 4800, Page 421; 2683, Page 307; 2548, Page 666; 4096, Page 411; 2548, Page 666, 4921, Page 806; 2725, Page 213; 2672, Page 705; and 4921, Page 806, Cumberland County Registry. D. P98-51F. Approve the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 5428 Yadkin Road. Containing .32 acres more or less and being the property of Lesley R. Manns, Sr., and Charlene S. Manns as evidenced by deed recorded in Deed Book 4936, Page 357, Cumberland County Registry. E. P98-52F. Approve the rezoning from R6 Residential District to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the northwest corner of Skibo and Yadkin Road. Containing 1.15 acres more or less and being the property of Seaboard Corporation as evidenced by deed recorded in Deed Book 4935, Page 770, Cumberland County Registry. F. Refer to Transportation Committee the proposed traffic signal on Hillsboro Street at Boundary Lane for the new Department of Social Services Building. G. Refer to Transportation Committee the review of the proposed design of the Morganton Road Sidewalk project. H. Approve the following purchasing matters: 1. Authorize advertisement of intent to purchase one Johnston 605 Sweeper per Purchase from Established contracts clause authorized per G.S. 143-129 amended on July 1, 1998. (Item to purchase to appear on December 7, 1998, Council agenda) 2. Award of purchase contract to Kustom Signals, Inc., for immediate purchase of 10 each Patrol Car Video Surveillance Systems and award of continuing contract to Kustom Signals, Inc., for Patrol Car Video Surveillance Systems through November, 2001, in the amount of $32,986.84. Council action requested 1) Award of Purchase Contract to Kustom Signals, Inc., for immediate purchase of 7 each Industrial Grade Patrol Video Surveillance Systems in the amount of $32,986.84 (Includes Performance Bond Cost). 2) Award of continuing contract to Kustom Signals, Inc., for Industrial Grade Video Surveillance Systems through November 2001 subject to annual appropriations and vendor performance. 3. This item was pulled for discussion. 4. This item was pulled for discussion. I. Adoption of the following financial matters: 1. Capital Project Ordinance Close-out 99-1 (Acquisition of Airport approach Zone Land) This project was established on April 6, 1998, to account for the acquisition of two tracts of land located in the Airport approach zone. The project was funded 90 percent by the North Carolina Department of Transportation with a 10 percent local match provided by the Airport Operating Fund. The expenditures and revenues associated with the project have been audited by Cherry, Bekaert & Holland and are recommended for closure. 2. Capital Project Ordinance Amendment 99-3 (School Road Fire Station) On November 2, 1998, City Council approved the construction bids for the School Road Fire Station. This ordinance amendment is necessary to fully appropriate the capital lease proceeds and estimated investment income for the completion of this project. The total budget for this project is $1,155,455, which includes construction and design costs for the building and financing costs associated with the capital lease proceeds. 3. Special Revenue Project Ordinance 99-4 (1998 Local Law Enforcement Block Grant) This item was moved to Item 10.B by Councilmember Cheek. J. Approve request for banner placement from the Friends of the Cancer Center for Christmas Home Tour. K. Refer to Transportation Committee the review of the 1999 Street Resurfacing List. L. Approve award of contract for a Supervisory Control and Data Acquisition (SCADA) Master Station to QEI, Inc., low evaluated bidder, in the amount of $394,188. Bids were received as follows: QEI, Inc. (Springfield, NJ) $394,188.00 Valmet Automation (Houston, TX) $637,398.00 TELEGYR Systems, Inc. (San Jose, CA) $819,691.00 H. Award the following purchasing matters: 3. Award of construction for overlay paving of Fayetteville Annexation - Phase II Area 300 - Glenbrook, Marlboro, Dunkirk Heights and Loch Loch Lomond Subdivision, and Kingsway Court Resurfacing Project, to Crowell Constructors, Inc., low bidder, (Fayetteville, NC) (PWC recommended approval), in the amount of $417,730. Bids were received as follows: Crowell Constructors, Inc. $417,730.00 Barnhill Contracting $421,310.00 4. Award of construction contract for overlay paving for Fayettteville Annexation - Phase II Area 300 - Hollywood Heights Resurfacing Project, to Barnhill Contracting Company, low bidder, (Fayetteville, NC) (PWC recommends approval), in the amount of $310,712.60. Bids were received as follows: Barnhill Contracting Company $310,712.60 McDiarmid Paving $337,812.40 Crowell Constructors $348,930.25 3. PUBLIC HEARINGS: A. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville (Petition-initiated Contiguous Annexation Area) (Property of M.J. Soffe Company - site of New Distribution Center - located east of Soffe Drive, adjacent to current M.J. Soffe Facility). City Manager Roger Stancil presented this item. He stated the annexation was a petition-initiated continuous annexation request. The purpose for the request was for the extension of water and sewer. He also stated it was part of an economic development agreement entered into between the City and M.J. Soffe Company. Mr. Stancil recommended adopting the annexation ordinance to be effective November 16, 1998. This is the advertised public hearing set for this date and time. The public hearing opened at 7:24 p.m. Mr. William E. Clark, Attorney, Clark & Shaw, L.L.P., 145 Person Street, Fayetteville, NC, appeared in favor of the annexation. There was no one else present to speak either in favor or opposition and the public hearing closed at 7:25 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. PROPERTY OF M.J. SOFFE COMPANY - SITE OF NEW DISTRIBUTION CENTER - LOCATED EAST OF SOFFE DRIVE, ADJACENT TO CURRENT M.J. SOFFE FACILITY. ANNEXATION ORDINANCE NO. 98-11-435. MOTION: Councilmember Worthy moved to approve the ordinance to be effective November 16, 1998. SECOND: Councilmember Smith VOTE: UNANIMOUS A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 98. 4. P98-50F. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article VIII, Section 32-59.5:1-5 with the following deleted in its entirety: Plain flags with no advertising or information provided such flags are displayed on permanent pole structures and are properly maintained. (SECOND READING) The is the second reading. No discussion was held on this item. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, SECTION 32-59.5:1.5 OF THE CODE OF ORDINANCE OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1998-014. MOTION: Councilmember Smith moved to approve. SECOND: Councilmember Kendrick Councilmember Williams inquired if it was a written policy that no discussion could be held on this type item. City Attorney Robert Cogswell stated it was not a written policy but it has been the Council's practice. Councilmember Williams stated he felt this was hurting small businesses. VOTE: Passed by a vote of 7 in favor (Councilmembers Cheek, McBryde, Kendrick, Smith, Fogleman, Milligan and Kizer) to 5 in opposition (Councilmembers Worthy, Talbot, Williams, Massey, and Haire) 5. Report on Storm Water Utility Ordinances. Mr. Jim Hankins, Chairman, Storm Water Advisory Board, addressed the Council. He requested the Council extend the boards' time to make a report for 60 days. MOTION: Councilmember Worthy moved to receive the report from the board and to give them a 60-day extension. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 6. Consideration of joint venture with the Fayetteville Family YMCA for the development of an in-line hockey facility. Mr. Darden Jenkins, Chairman of the Parks and Recreation Advisory Commission, presented this item. Mr. Jenkins reviewed the public/private partnership between the City and the YMCA. He stated the partnership developed because the YMCA had the land and the City had the need to provide the service. MOTION: Councilmember Kendrick moved to approve. SECOND: Mayor Pro Tem McBryde Councilmember Kizer inquired whether the facility would be used for anything else. Mr. Robert Barefoot, Chief Operating Officer - Recreation and Community Facilities, stated the facilities would be used only for in-line hockey and if the facility were ever used for anything else, it would have to be approved by both the YMCA and the City Council. Councilmember Talbot requested that the Glen Reilly land project be included in next year's budget. Councilmember Cheek requested that other private partners be allowed to participate in the project if they so desired. Mr. Barefoot stated they would welcome the opportunity and would encourage further partnerships. Mr. Barefoot stated he felt the key was to provide a facility that would be opened to the general public without prohibitive cost. VOTE: UNANIMOUS 7. Consideration of site recommendation for the development of a Senior Enrichment Center at Mazarick Park Area II. Darden Jenkins, Chairman of the Parks and Recreation Advisory Commission, presented this item. Mr. Jenkins stated he had worked with the Senior Call to Action Team and it was necessary for them to have the property in order to obtain state and federal grants. Councilmember Haire expressed his concern over the location because of the traffic congestion. MOTION: Councilmember Worthy moved to approve the site considered for the SCAT organization. SECOND: Councilmember Smith VOTE: Passed by a vote of 11 in favor to 1 in opposition. (Councilmember Haire) 8. Consideration of instructing the City Manager to meet with the County Manager for discussion of possible areas of joint cooperation between the City and County. (Requested by Councilmember Anne Fogleman) Councilmember Fogleman stated that she had requested this item because she felt the Council needed to streamline and free City Manager Roger Stancil's hands to negotiate with Mr. Strassenburg on the issue of joint cooperation between the City and the County. MOTION: Councilmember Fogleman moved to allow Mr. Stancil to have free hands to negotiate with Mr. Strassenburg. SECOND: Councilmember Milligan Councilmember Williams requested that the issue of metro government be looked into and that studies be made of other communities who have done this. A discussion was held regarding the City Manager's ability to negotiate with the County. Councilmembers Talbot and Worthy expressed their concern that the Joint City/County Liaison Committee would be by-passed and they did not feel this should be done. Councilmember Kendrick expressed his concern about the funding stream and the number of cities that services would have to be provided for by a merged inspections department. Mr. Kendrick stated he was not for merging everything now but he felt the issue should be studied. Councilmember Cheek offered a friendly amendment that the City Manager apprise the City Council of the topic of anything jointly considered by Mr. Stancil and Mr. Strassenburg. Councilmember Fogleman replied she was just trying to allow Mr. Stancil free hand to negotiate the question of the Inspections Department since the Council took no action on the City/County Liaison's recommendation. VOTE: UNANIMOUS Mr. Stancil stated that he thought the City and County were working well together on administrative matters. He stated his approach would not be from a departmental aspect but rather through the combination of functions. 9. Discussion of the purchasing of supplies for the City. (Requested by Councilmember Don Talbot) This item was pulled from the agenda by Councilmember Talbot. 10. APPOINTMENTS: A. Fair Housing Board - election of nominees to fill three vacancies. MOTION: Councilmember Worthy moved to fill the three vacancies with the three nominations. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS Mr. John Gregory Hood was appointed to a second two-year term. Mr. Richard Noel Leslie was reappointed to a second two-year term. Mr. Michael Hines was appointed to fill in the term, which would expire in 1999. 4. Consideration of Adoption of Special Revenue Project Ordinance 99-4 (1998 Local Law Enforcement Block Grant) The City of Fayetteville has been awarded a 1998 Local Law Enforcement Block Grant by the United States Department of Justice. The grant is for a youth advocacy program, CPTV editing equipment and surveillance cameras. The youth advocacy program will use police officers and volunteers as mentors, tutors and coaches for at-risk adolescents in the community. The total project budget is $395,319 with 90 percent provided by the USDOJ ($355,787) and a 10 percent required local match provided by the City ($39,532). Councilmember Cheek inquired about the allocation of the funds and requested more information. MOTION: Councilmember Cheek moved to delay this item until the next meeting. SECOND: Councilmember Kendrick Mr. Stancil reviewed the allocation of funds. MOTION: Councilmember Cheek moved to approve. SECOND: Councilmember Talbot VOTE: UNANIMOUS 11. ADMINISTRATIVE REPORTS A. Report on annexation construction projects. City Manager Roger Stancil presented this item. He reviewed the construction projects' progress. B. Report on naming of 401 Bypass in honor of Wilbur Clark. City Manager Roger Stancil stated the Department of Transportation would hold no public hearings in regards to this issue. He stated they would only respond to any requests made by the City Council. Councilmember Worthy stated he could not support changing names of the street without a public hearing. Councilmember Fogleman stated that her original motion was based on the fact that this should be an honorary naming and she had no intentions of changing the street name. Councilmember Smith stated he supported renaming the street and he felt the Council needed to find some way to honor Mr. Wilbur Clark who was a pillar of the community and without his forward thinking, the streets of Fayetteville would not be where they are today. No action was taken on this item. C. Report on Airport Focus Group. City Manager Roger Stancil stated he had the full cooperation of the Airport Focus Group and their excellent work product would be presented to the Airport Commission on November 24 and the Commission in turn would be making their recommendation to the Council at a later date. Councilmember Fogleman reminded the television audience of the public forum to be held on Wednesday, November 18, at 7:30 p.m. D. Update on Robert C. Williams Business Center at Lafayette Plaza. Mr. James Rose, PWC Chief Administrative Officer, presented this item. Mr. Rose stated that the Downtown Utility Center had turned into a business center because there had been no commitments from local utilities to participate in the project. He informed the Council that the Chamber of Commerce had agreed to become a tenant. Mr. Eric Lindstrom, a representative of Shuller, Ferris, Johnson and Lindstrom Architects, PA, presented a report on the progress of the design phase. He stated bids would be taken on the project in January and he would be back to the Council in February with a report. Councilmember Williams expressed concern that the owner of the parking lot to the left of the Center had not been consulted. Mr. Stancil stated that an appraisal was being prepared and he had met with the property owner and would come back to Council with recommendations when a decision had been made. E. Closed session to discuss economic development. MOTION: Mayor Pro Tem McBryde moved to go into closed session to discuss economic development. SECOND: Councilmember Fogleman VOTE: UNANIMOUS The regular session adjourned at 8:17 p.m. The regular session resumed at 8:40 p.m. INFORMATION ITEMS: 1. Statement of taxes collected from the Cumberland County Tax Collector. 1998 Taxes $397,429.70 1998 Vehicle Taxes 202,486.88 1998 Revit 1,363.78 1998 Vehicle Revit 279.36 1998 FVT 25,800.00 1998 Storm Water 39,808.85 1997 Taxes 32,198.50 1997 Vehicle Taxes 28,426.27 1997 Revit 0.00 1997 Vehicle Revit 14.04 1997 FVT 4,090.00 1997 Storm Water 3,264.27 1996 Taxes 6,553.92 1996 Vehicle Taxes 575.33 1996 Revit 0.00 1996 Vehicle Revit 0.00 1996 FVT 135.00 1996 Storm Water 778.85 1995 Taxes 2,841.03 1995 Vehicle Taxes 179.32 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 30.00 1995 Storm Water 315.30 1994 & Prior Taxes 1,869.59 1994 & Prior Vehicle Taxes 125.36 1994 & Prior Revit 0.00 1994 & Prior Vehicle Revit 0.00 1994 & Prior FVT 35.00 Interest 8,310.90 Interest (Revit) 3.87 Interest (Storm Water) 500.70 Fayetteville Discount (48.04) Revit. Discount (0.00) Total Collections $757,463.86 2. Report on tax refunds less than $100. Name Year Basis City Refund Battle, Kelsey Maralice 1997 Military Non-resident $22.51 Compise, Lisa & Matthew 1997 Military Non-resident 11.08 Garcia, Ramiro Perez 1997 Military Non-resident 33.61 Owens, Miles N. 1996 Corrected assessment 50.05 Wilson, Gail Simone Ann-Marie 1997 Situs: Mecklenburg County 32.42 Total $149.67 3. Report on McNeill Circle area parking operations. 4. City-County Liaison minutes - reprinted from November 2 agenda. (All pages not included in last agenda due to printing press problems.) 5. Copy of letter to N.C. DOT regarding the City Council's comments on DOT feasibility studies. 6. Police Department - monthly report from the Office of Professional Standards for the month of October 1998. 7. PWC - minutes of October 14 and October 28, 1998. 8. Planning Department - monthly report for October 1998. (Inserted in packet) MOTION: Councilmember Talbot moved to adjourn the meeting. SECOND: Councilmember Kizer VOTE: UNANIMOUS The meeting adjourned at 8:41 p.m. INFORMATION MEETING NOVEMBER 23, 1998 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 23, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (At-Large); Anne D. Fogleman (At-Large); James M. Kizer, Jr. (At-Large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Absent: Curtis Worthy (District 7) (excused until arrival) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer John B. (Ben) Brown, Jr., Chief Planning Officer Robert C. Cogswell, Jr., City Attorney Jason Brady, Public Information Officer Members of the Press MOTION: Councilmember Massey moved to excuse Councilmember Worthy until he arrived. SECOND: Councilmember McBryde VOTE: UNANIMOUS (Councilmember Worthy excused) INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Fogleman, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins announced the Character Education Concept for November 1998 was integrity. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to add Item 3, nomination and election of voting delegate and alternate delegate to the Congress of Cities meeting in Washington, D.C., December 1-5, 1998. He also stated that Item 4.A would be a closed session for purposes of litigation and Item 4.B would be a closed session for evaluation of City Manager. MOTION: Councilmember Kizer moved to approve the agenda as amended. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Worthy excused) 2. CONSENT: MOTION: Councilmember Kendrick moved to approve the consent agenda. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Worthy excused) The following items were unanimously approved: A. Refer to the Transportation Committee the overall review of the Thoroughfare Plan. (Requested by Councilmember Kendrick) B. Refer to the Transportation Committee the issue of two left-turn lanes onto Raeford Road from Ferncreek Drive. (Requested by Councilmember Smith) C. Refer to Policy Committee the issue of discussion at a second reading. (Requested by Councilmember Kendrick) 3. Nomination and election of voting delegate and alternate delegate to the Congress of Cities meeting in Washington, D.C., December 1 through 5, 1998 MOTION: Councilmember Massey moved to nominate Councilmember Kendrick as the voting delegate, and Councilmember Worthy as the alternate delegate, to the Congress of Cities meeting in Washington, D.C., on December 1-5, 1998. SECOND: Councilmember McBryde VOTE: UNANIMOUS (Councilmember Worthy excused) 4. A. Closed session for purposes of litigation. MOTION: Councilmember Fogleman moved to go into closed session for purposes of litigation. SECOND: Councilmember McBryde VOTE: UNANIMOUS (Councilmember Worthy excused) B. Closed session for evaluation of City Manager. MOTION: Councilmember McBryde moved to go into closed session for the purpose of evaluation of the City Manager. SECOND: Councilmember Kendrick VOTE: UNANIMOUS (Councilmember Worthy excused) The City Council went into closed session. The City Council went back into regular session. INFORMATION ITEMS: 1. Corrected letter to N.C. DOT regarding four feasibility studies. 2. Information on boards and commissions expiring in December 1998. 3. Parks and Recreation Advisory Commission - minutes of October 26, 1998. 4. Airport Commission - minutes of October 27, 1998. 5. FAEDC - minutes of October 20, 1998. MOTION: Councilmember McBryde moved to adjourn the meeting. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Worthy excused) REGULAR MEETING DECEMBER 7, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER DECEMBER 7, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Craig Hampton, Administrative Services Director Victor Sharpe, Planning Division Manager Brad Whited, Airport Director Frank Simpson, Inspections Director Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by Rev. Haywood A. Smith, of St. Andrews United Methodist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins announced the Character Education Concept for December 1998 was caring. Mayor Dawkins reminded everyone that this was the anniversary of the attack on Pearl Harbor. He stated that our country must never forget this time in history nor should it ever let its guard down again. 1. APPROVAL OF AGENDA City Manager Roger Stancil requested to remove Item 8, consideration of adoption of Resolution Adopting Revisions to the Electoral District Boundaries of the City of Fayetteville for the Purpose of Accounting for Territory Annexed to the City (Annexation Nos. 97-07-421 through 98-11-435), because the voter registration data was unavailable and the City must comply with the voter's right before approving the proposed districts. City Attorney Robert Cogswell requested to add Item 22, a closed session to discuss claims against the City and litigation, City of Fayetteville vs. Rothchild Assets. Councilmember Cheek requested to add Item 21.B, Administrative Report from the City Manager on the status of the leaf season. Councilmember Kizer requested to abstain from discussion or voting on Item 14. MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Kizer to abstain from discussion or voting on Item 14. SECOND: Councilmember Kendrick VOTE: UNANIMOUS MOTION: Councilmember Smith moved approve the agenda as amended. SECOND: Councilmember Worthy VOTE: UNANIMOUS 2. CONSENT: MOTION: Councilmember Kendrick moved to approve the consent agenda. SECOND: Councilmember Kizer VOTE: UNANIMOUS The following items were approved: A. Approve minutes of regular meeting of November 2, 1998. B. Approve minutes of regular meeting of November 16, 1998. C. Adopt resolution to set public hearing for January 4, 1999, to consider the closing of Colton Drive from Kirkwood Road eastward to Dead End. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF COLTON DRIVE. RESOLUTION NO. R1998-098. D. Adopt resolution to set public hearing for January 4, 1999, to consider the closing of Lenoir Street from Faison Avenue to Rodie Avenue. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF LENOIR STREET. RESOLUTION NO. R1998-099. E. P98-54F. Approve the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 200 Owen Drive. Containing .26 acres more or less and being the property of Breezewood Associates LLC; Thomas P. Howell and Wife; Kim Hamlet Howell; D. Ralph Huff, III and Wife, and Linda B. Huff as evidenced by deed recorded in Deed Book 4922, Page 64, Cumberland County Registry. F. P98-56F. Approve the initial zoning to M2 Industrial district or to a more restrictive zoning classification for an area located east of Soffe Drive. Containing 35.45 acres more or less and being the property of M.J. Soffe Co. as evidenced by map and legal description furnished by the City of Fayetteville, and being annexed by the City of Fayetteville, effective November 16, 1998. G. Approve the following contract awards: 1. Award contract for purchase of one Johnson 605 Sweeper to North Carolina Equipment Company, Fayetteville, NC, low bidder, in the amount of $113,938.00. This award of purchase contract was made using the purchase from established contracts ("piggybacking") clause as authorized per North Carolina General Statute 143-129. 2. Award contract for purchase of upgrade for AS400 computer system to Eastern Technology Association, Greenville, NC, in the amount of $170,004.10. This amount includes the performance bond cost. Bids were received as follows: IBM $170,499.27 Eastern Technology "A" $165,299.00 Eastern Technology "B" $169,880.00 H. Approve the referral of the multi-way stop control at Roxie Avenue and Martindale Drive to the Transportation Committee. (Requested by Councilmember Mark Kendrick) I. Approve referral of the Photo Citation Program for Red Light Violations in Fayetteville to the Transportation Committee. J. Reject all bids for fueling equipment for Fayetteville Regional Airport. K. Authorize Notice of extension of Lease Agreement between City of Fayetteville and Fayetteville Chamber of Commerce for the Beldon-Horne House on Ramsey Street. L. Cancel City Council Information Meeting of December 28, 1998. 3. PUBLIC HEARINGS: A. P98-59F. Consideration of an application by Stephanie McCrary for a Special Use Permit as provided for by the Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1) to allow a tower in a C3 Heavy Commercial District for an area located at 2514 Murchison Road. Containing 3.29 acres more or less and being the property of Isaiah and Sandra McGill as evidenced by deed recorded in Deed Book 4744, Page 850, Cumberland County Registry. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal stated the Zoning Commission had voted 3 to 2 to deny the Special Use Permit and the staff could not made any recommendations for approval or denial but would like to recommend that if approved, the tower be camouflaged as either a light or a flag. This is the advertised public hearing set for this date and time. The public hearing opened at 7:24 p.m. Ms. Stephanie McCrary, of Triton PCS, was sworn in and appeared in favor of the special use permit. Ms. McCrary requested a deferral of a vote in order that Triton could pursue another site because of the neighborhood's objection. City Attorney Robert Cogswell stated this request must be voted either up or down and if another site was selected, the process would have to start all over. There was no one else present to speak in favor of the special use permit. After affirmations, the following persons appeared in opposition to the special use permit: Mrs. Tennie Scott, 1911 Stanberry Street, Fayettteville, NC; Imam Eronomy Muhammed, 1207 Murchison Road, Suite D, Fayetteville, NC; Leonard Hedgepeth, 3517 Thamesford Road, Fayetteville, NC; Moses Best, 2310 Murchison Road, Mr. Allen Rogers, 111 Person Street, Fayetteville, NC. The speakers felt the tower would be detrimental to the surrounding neighborhoods, would be too close to the other tower, would lower property values, and would be unsightly in the development of the Murchison Road Economic Corridor. Ms. McCrary stated she would start over. There was no one further to speak either in favor or opposition and the public hearing closed at 7:40 p.m. MOTION: Mayor Pro Tem McBryde moved to follow the recommendations of the Zoning Commission to deny the request for the special use permit. SECOND: Councilmember Worthy VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Williams) B. P98-68F. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Zoning, Article XIII (Historic Preservation), Section 32-106 (c)(1) and (2) by deleting the last sentence in (1) which reads "Each day shall constitute a separate violation and a new citation will be issued for each day of continuing violation"; and by deleting the second sentence in (2) which reads "Each day shall constitute a separate violation and a new citation will be issued for each day of continuing violation." Mr. Victor Sharpe, Planning Division Manager, presented this item. Mr. Sharpe stated the Planning Commission recommended approval of the revisions. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:55 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 32-106, PENALTIES AND REMEDIES, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1998-015. MOTION: Councilmember Kendrick moved to excuse Councilmember Worthy until he returned. SECOND: Mayor Pro Tem McBryde VOTE: UNANIMOUS with Councilmember Worthy not voting. MOTION: Councilmember Cheek moved to approve the changes and adopt the ordinance. SECOND: Councilmember Milligan VOTE: UNANIMOUS with Councilmember Worthy excused. C. P98-75F. Consideration of amendments and revisions to the City of Fayetteville Code of Ordinances, Chapter 27 "Subdivisions," Article III "Improvements," Section 27-15(e) (1) and (2) to set forth that sidewalks are required on only one side of all streets except cul-de-sac streets less than 500 feet in length and the bulb area of all cul-de-sacs. Sidewalk requirement includes collector and arterial streets that abut the development; amending Chapter 26 "Streets & Sidewalks," Article III "Driveways," Section 26-35(b) to insert as part of the prerequisite for required sidewalk construction the issuance of a driveway permit. Mr. Jimmy Teal presented this item. Mr. Teal recommended approving the revisions to the ordinance in order that the City code would comply with the City Council sidewalk policy which had been revised at the last meeting. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition and the public hearing opened and closed at 7:59 p.m. Councilmember Worthy returned to the meeting. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 27, ARTICLE III, IMPROVEMENTS. ORDINANCE NO. S1998-016. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 26, ARTICLE III, DRIVEWAYS. ORDINANCE NO. S1998-017. MOTION: Councilmember Kendrick moved to approve SECOND: Councilmember Haire VOTE: UNANIMOUS 4. P98-60F. Consideration of an application by Stephanie McCrary for a Tower Overlay District as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-22(17.1) in a C1P Shopping Center District, R15 Residential District for an area located at 6202 Raeford Road. Containing 25.92 acres more or less and being the property of Time Warner Entertainment as evidenced by deed recorded in Deed Book 4300, Page 347, Cumberland County Registry. Mr. Victor Sharpe presented this item. Mr. Sharpe stated this was a request to rezone to a tower overlay district. He stated the Zoning Commission and the staff recommended approval of the tower overlay district for a small portion, 400' x 400'. Councilmember Smith expressed his concern about multiple towers on Raeford Road. MOTION: Councilmember Smith moved to hold a public hearing on January 4, 1999. SECOND: Councilmember Worthy VOTE: Passed by a vote of 10 in favor to 2 in opposition (Councilmembers Williams and Talbot) MOTION: Councilmember Kendrick moved to excuse Mayor Dawkins. SECOND: Councilmember Kizer VOTE: UNANIMOUS Mayor Dawkins left the meeting at 8:15 p.m. Mayor Pro Tem McBryde presided over the remainder of the meeting. 5. Consideration of request to address City Council from Adolph A. White. Mr. Adolph A. White requested help from the Council in regards to harassment he had received from the local and state law enforcement agencies. Councilmember Massey requested Mr. White to submit the remainder of his statement in writing after his time to address the Council had expired. 6. Presentation and acceptance of FY1997-98 Audit of Financial Statements and Schedules. Mr. Eddie Burke, of Cherry, Bekaert and Holland, Accountants, presented the City of Fayetteville with an audited financial statement for fiscal year ending June 30, 1998. A copy of the complete audit is on file in the Finance Director's office. MOTION: Councilmember Kendrick moved to accept the audit of the fiscal year 1997-1998. SECOND: Councilmember Smith VOTE: UNANIMOUS 7. Consideration of request from the Appearance Commission regarding the visual improvement of entrance road corridors. Mr. Gordon Johnson, chairman of the Appearance Commission, presented this item. Mr. Johnson stated the Fayetteville Appearance Commission had voted to request the Council to discuss the need of improving the visual appearance and image of the gateways and entrance corridors of the community with the Cumberland County Board of Commissioners. Mr. Johnson stated the Commission specifically recommended the County consider adopting the City's landscape ordinance. He stated the Appearance Commission preferred the ordinance be adopted County-wide but adoption along designated entrance corridors would be a first step. MOTION: Councilmember Fogleman moved to refer this item to the City-County Liaison Committee. SECOND: Councilmember Smith A discussion was held regarding the pros and cons of a joint discussion between the City Council and the County Commissioners. Councilmember Cheek suggested that maybe this item could be discussed at the joint retreat in January. VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Williams) 8. Consideration of adoption of Resolution Adopting Revisions to the Electoral District Boundaries of the City of Fayetteville for the Purpose of Accounting for Territory Annexed to the City (Annexations No. 97-07-421 through 98-11-435). This item was removed from the agenda. 9. Consideration of donation of various properties from March F. Riddle to City of Fayetteville. MOTION: Councilmember Kendrick moved to accept the donated properties. SECOND: Councilmember Kizer VOTE: UNANIMOUS 10. Consideration of donation of two parcels from Thomas Family Business, Inc. MOTION: Councilmember Kizer moved to accept the donated properties. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 11. Consideration of agreement with Airborne and Special Operations Museum Foundation, Inc. General (R) James J. Lindsay, President of the Airborne and Special Operations Museum Foundation Board, presented an overview of the status of the project to include background, architectural information, exhibits and audio/visual information and the benefits to Fayetteville/Cumberland County. General Lindsay presented the following key factors: Funds raised by Foundation: $14,401,700.00 Cash: $8,309,728.48 Pledges: (includes $2 million from State available July 1999) $6,091,971.51 Expenditures since 1992 are: ($2,429,881.00) Administration $328,658.18 Fund Raising $380,067.02 Arch/Exhibit Design/Site Prep $1,721,151.81 Total Cost of Project ($16,471,819.00) Construction $11,600,000.00 Exhibits $2,700,000.00 Large Screen Film $1,000,000.00 Motion Simulator $550,000.00 Contingency $621,819.00 Budget Shortfall ($4,500,000.00) Costs have increased because of added square footage (CG-4A Glider, motion simulator), site difficulties (soil, street changes), and high cost of construction. Museum foundation is still raising money but needs to be prepared to make up the difference in funds raised and funds required. General Lindsay stated the Airborne and Special Operations Museum Foundation was requesting bridge financing from the City to cover approximately a $4.5 million shortfall, which began in November of 1998. General Lindsay stated there had been approximately $930,000.00 in unanticipated costs and expenses. Mr. George Breeze gave a status report on the Terry Sanford World War II Gallery. A discussion was held regarding the sale of bricks with Dr. John Duvall, stating the bricks would probably be available for sale next year. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE APPROVING AGREEMENT WITH THE AIRBORNE AND SPECIAL OPERATIONS MUSEUM FOUNDATION. RESOLUTION NO. R1998-100. MOTION: Councilmember Talbot moved to adopt the resolution. SECOND: Councilmember Worthy City Manager Roger Stancil explained the basics of the proposed agreement. Mr. Stancil stated the Council had previously authorized him to negotiate and acquire the land and to negotiate an agreement which would provide a $3 million grant to the Foundation for the shortfall in the construction of the building. He explained that if the bridge financing were approved, the City would advance funds to the foundation for paying of bills for the contracts that would be awarded on December 8, 1998. He stated the money would be repaid to the City of Fayetteville through fund-raising. Mr. Stancil further explained that the property would continue to be owned by the City of Fayetteville until the money was paid back. The agreement for the bridge financing for $4.5 million would require the foundation to spend the money it had on hand first down to $250,000, which was the sum required to operate the facility. Any excess bills would be submitted to the City and would be paid through the City staff. Mr. Stancil explained the monies would be advanced on the day of the closing on the 10-year lease and interest would be based on the Treasury note rate for that date. The interest rate will begin on the day the lease closes or January 1, 2001, whichever comes first. If the foundation paid the monies back before that date, there would be no interest charged. City Attorney Robert Cogswell pointed out this was a revolving document. He stated two additional items had been finalized requiring rewording since the drawing of the lease. He stated the number of parking spaces would be 141 and the section regarding claims after the Army owned the property would go under the Federal Court Claims Act. Councilmember Smith inquired if these funds were coming from the PWC fund balance. Mr. Stancil stated the method of financing would be worked out with PWC and presented to the Council and PWC Commission for approval. Mr. Stancil stated that in general the money would come from the Uptown Revitalization fund. He explained that at this point, $6 million has been appropriated by PWC and that will be $8 million after the first of the year. Councilmember Smith stated he wanted to make it clear this was a loan and not a gift. Mr. Cogswell stated for clarification the $3 million was non-refundable but the $4.5 million was to be paid back. VOTE: UNANIMOUS 12. Consideration of extension of Lease Agreement between City of Fayetteville and Sampson County Disposal, Incorporated (merged into BFI Waste Systems of North America, Inc.) City Manager Roger Stancil presented this item. He recommended a one-year extension. RESOLUTION AUTHORIZING THE AMENDMENT OF LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1998-101. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Worthy VOTE: UNANIMOUS 13. Consideration of resolution of the City Council of the City of Fayetteville, North Carolina, declaring the intention of said City to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and to be made in connection with the acquisition, construction and equipping of certain capital improvements (Bonds authorized by voters in 1994). City Manager Roger Stancil presented this item. Mr. Stancil explained that $4.9 million in bonds approved by the voters in 1994 will be sold in February 1999 and the resolution would allow the City to reimburse itself for expenses. RESOLUTION OF THE CITY OCUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS (BONDS AUTHORIZED BY VOTERS IN 1994). RESOLUTION NO. R1998-102. MOTION: Councilmember Kendrick moved to approve. SECOND: Councilmember Smith VOTE: UNANIMOUS 14. Consideration of the following actions related to Phase 3A Annexation Project Financing: Councilmember Kizer abstained from discussion or voting on this item. A. Adopt resolution of the City Council of the City of Fayetteville, North Carolina, declaring the intention of said City to reimburse itself from the proceeds of one or more tax-exempt finances for certain expenditures made and proceeds of one or more tax-exempt finances for certain expenditures made and to be make in connection with the acquisition, construction and equipping of certain capital improvements. City Manager Roger Stancil presented this item. Mr. Stancil stated the City is allowed to sell bonds without voter approval in an amount not to exceed two-thirds of the amount of bonds paid off the year before. In fiscal year 1998, the City reduced its principle bonds outstanding by $4,125,000, which allows the City to sell in 1999, approximately $2,750,000 in bonds. Mr. Stancil recommended using this method to finance street and sanitary sewer improvements in the Phase 3-A Annexation Area. He recommended the Council approve the resolutions as presented. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE ACQUISTITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS (PHASE 3A ANNEXATION 2/3RD'S NET DEBT REDUCTION PROJECTS, RESOLUTION NO. R1998-103. B. Adopt resolution making certain findings relating to the authorization and issuance of street improvement bonds and sanitary sewer bonds of the City of Fayetteville, North Carolina and authorizing the Interim Finance Director to file an application for approval thereof with the Local Government Commission. RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE AUTHORIZATION AND ISSUANCE OF STREET IMPROVEMENT BONDS AND SANITARY SEWER BONDS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AND DESIGNATING INTERIM FINANCE DIRECTOR TO FILE APPLICATION FOR APPROVAL THEREOF WITH LOCAL GOVERNMENT COMMISSION. RESOLUTION NO. R1998-104. MOTION: Councilmember Cheek moved to approve the resolutions in Items A and B. SECOND: Councilmember Fogleman VOTE: UNANIMOUS with Councilmember Kizer abstaining. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1998. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book S1998. 15. Consideration of award of contract for Kinwood Drainage project to Nortec Construction Services, Inc., Fayetteville, NC, low bidder, in the amount of $298,813.00. City Manager Roger Stancil presented this item. Mr. Stancil stated the Council rejected bids in 1998. The project had been redesigned and the new bids were below the budget. He recommended awarding the contract. City Attorney Robert Cogswell stated that a condemnation had been filed on this project and the defendant had filed a motion to dismiss the lawsuit. The property owner has been unable to appear in court. The motion to dismiss is before the court through presentation of briefs and a decision is due on next Monday, December 14. Mr. Cogswell requested that the motion be made subject to the court's granting the City's opposition and ruling in the City's favor. MOTION: Councilmember Massey moved to excuse Councilmember Haire from the meeting. SECOND: Councilmember Kendrick VOTE: UNANIMOUS Councilmember Haire left the meeting at this time. MOTION: Councilmember Milligan moved to approve the contract subject to the court's granting and ruling in the City's favor in the pending condemnation lawsuit. SECOND: Councilmember Kendrick Councilmember Williams inquired as to why the award did not go to Showcase Construction Co., the low bidder. Mr. Stancil stated that they were not recommended for award due to the complexity of this project and Showcase Construction has insufficient experience in completing public projects containing similar work and this issue had been discussed with the bidders. VOTE: UNANIMOUS with Councilmember Haire excused. The following bids were received as follows: Showcase Construction Co. $259,889.02 Nortec Construction Services $298,813.00 Billy Bill Grading $379,554.00 Atlas Resource Management $380,135.00 Autry Grading $397,710.85 Crowell Constructors $399,520.10 R.H. Moore $423,423.00 Site Group $481,880.60 Odell Smith $497,707.00 16. Consideration of award of purchase contract for buses to Nova Bus, Inc., Roswell, New Mexico, in the amount of $2,260,296.00. City Manager Roger Stancil presented this item. Mr. Stancil stated the request was to purchase nine buses to replace the 1978 buses received when the City acquired the bus system. Mr. Stancil stated the City's cost was 10 percent, the Federal government's cost was 80 percent, and the State government's cost was 10 percent. Mr. Stancil recommended (1) the award of purchase contract to Nova Bus Incorporated, for the purchase of nine (9) each 35' Advanced Design Wheelchair Accessible Transit Coaches in the amount of $2,260,296.00 (includes Performance/Payment Bond Cost); and (2) reduction of payment/performance bonds from usual 100 to 20 percent. The Federal Transit Authority encourages the reduction of bonding requirements for transit buses purchased with federal grants. The 20 percent bonds preserve the integrity of State and City funds. MOTION: Councilmember Smith moved to award the contract and to reduce the performance bond as recommended. SECOND: Councilmember Worthy A discussion was held regarding the City's liability, should the City decide to discontinue mass transit. Mr. Stancil stated the buses would be reassigned by the Federal government and the local government to whom they were assigned would reimburse the City of Fayetteville with a depreciated share of the City's investment in the buses. Councilmember Massey requested that a report be provided to the Council showing the income generated from advertising on the buses. Bids were received as follows: Nova Bus (Roswell, New Mexico) $2,260,296.00 Orion Bus Industries (Ontario, Canada) $2,271,192.00 Nova Bus (Rosewell, New Mexico)(alternate bid) $2,203,920.00 VOTE: UNANIMOUS with Councilmember Haire excused 17. Discussion of removal of City Ordinance No. 20-217(4)e and revise City Ordinance No. 20-217(5)c omitting - [Is more than five (5) years old] and change {$100.00} to {$500} (Requested by Councilmember Paul Williams) Councilmember Williams presented this item. Mr. Williams stated that after a conversation with the City Attorney, he was only going to pursue the removal of Section 20-217(4)e, the definition of derelict vehicles. MOTION: Councilmember Williams moved to remove the section pertaining to the definition of derelict vehicles. SECOND: Councilmember Worthy SUBSTITUTE MOTION: Councilmember Massey moved to send this item to the Policy Committee. SECOND: Councilmember Kendrick VOTE: Passed by a vote of 10 in favor to 1 in opposition (Councilmember Talbot) 18. Report from the City Manager on his presentation to the County Board of Commissioners' Policy Committee on granting limited extraterritorial jurisdiction (Glensford Commons) to the City; please include the City's perspective and correct any misinformation being shared with the Board of Commissioners by other groups. (Requested by Councilmember Suzan Cheek) City Manager Roger Stancil stated he had met with the Cumberland County Board of Commissioner's Policy Committee to talk about an agreement in which the County would extend a limited extra-territorial jurisdiction in the Glensford Road area, and the City in turn would agree to provide a local match for building sidewalks on Reilly Road near the school. He stated the County Policy Committee voted to refer this item to the Board of Commissioners for their December 21, 1998, meeting with no recommendations being made. Mr. Stancil stated at that meeting, there were a couple of incorrect statements made and he wanted to correct that information. The first issue was the statement about the City's failure to annex this area. Mr. Stancil stated the area does not meet the annexation's standards of state law and the City cannot initiate a successful annexation. The concern and the reason for the EJD was a problem has been created in that any development made under County building permits does not address drainage issues. The second issue in question was that the County could not spend money on sidewalks. Mr. Stancil stated spending money on sidewalks is a legal expenditure for the County. In the case of the proposed sidewalks on Cliffdale near Reilly, the North Carolina Department of Transportation had proposed a municipal agreement to the City at the suggestion of the County Transportation Planner. Councilmember Kizer stated that he could not agree with Mr. Stancil's statement regarding initiating the annexation. Mr. Kizer stated the area was considered with the overall annexation in 1994 in which context it was perfectly legal to do the annexation. Mr. Kizer stated he had a City map, which included that area for annexation in 1994. He stated that in his opinion, there was no reason why the area should have been pulled because it met the standards and criteria. He stated that to say that the inclusion of this vacant land would have violated the intent and spirit of the annexation law was not correct. It could have been interpreted as such but that does not necessarily mean that was the case. The overall area being annexed must be looked at. Mr. Stancil stated he did not know which map Mr. Kizer was referring to and that to his knowledge, it had never been considered and rejected by the City of Fayetteville for being a part of that annexation process. The case could have been that it was a large undeveloped area and in the 1980's it could have been considered and the Council's position was that undeveloped land was not annexed. Councilmember Cheek stated that she felt it was important to get this information to the public and there was no way the City can legally annex the area. She also stated the Council could not be held responsible for past Council's actions but can only deal with the current problems facing them. Ms. Cheek stated that the sidewalks were an important issue and with the County administration's recommendation, she hoped the County Commissioners and City Council could work the problem out. Councilmember Williams suggested petitioning the state legislature to allow the City to annex doughnut areas, which are completely surrounded by the City. Councilmember Williams requested that a letter be drafted. Councilmember Kendrick expressed his concern about storm drainage in the area and he inquired if there were a state law that required the City to go by the County's issued building permit. Mr. Cogswell stated in the affirmative. Councilmember Smith stated it was his opinion that annexation laws will not be liberalized by the state legislature at this time. Mr. Stancil stated that the current owner does not want to petition for annexation and if the City could get extra-territorial jurisdiction then the City ordinances could be enforced and the owner would have to conform. Councilmember Kizer stated there might be a way to institute ETJ without having to get anyone's approval. He stated as a condition now, an owner has to say he will be annexed in two years if he wants to get water and sewer from PWC. Mr. Kizer suggested that as a part of that process, a stipulation should be added that a project petitioning for water and sewer has to be developed according to the City Code. City Manager Roger Stancil stated that the timing, of when building permits were applied for could be a problem. MOTION: Councilmember Williams moved to have the City Manager draft a letter to take care of this problem. SECOND: None Councilmember Smith stated he felt the Council should wait for a positive response from the County Commissioners before taking any action. MOTION: Councilmember Kizer moved to direct the staff to look into the possibilities of tacking on to the PWC approval and requirement for filing of a petition for annexation of contiguous properties, the condition that the project must be built to and comply with the City of Fayetteville's codes and ordinances. SECOND: Councilmember Milligan VOTE: Passed by a vote of 10 in favor to 1 in opposition (Councilmember Smith) and Councilmember Haire excused. 19. Consideration of the following matters related to T-Hangers at the Airport: City Manager Roger Stancil presented this item. Mr. Stancil reviewed the history of the bidding process for the T-hangars and stated that if the Council wanted to proceed with the project, they needed to take the following action. Mr. Stancil also explained the financing options available. A. Award contract for construction of T-hangars to Freedom Construction, Dunn, NC, low bidder, in the amount of $419,449.95 MOTION: Councilmember Smith moved to approve. SECOND: Councilmember Fogleman Councilmember Talbot expressed his opposition to the motion and the project because at the public hearing it was made clear that the attendants to the public hearing wanted a fixed based operator independent of the airport manager. Councilmember Smith stated it was his understanding the Airport Commission voted to support a private enterprise coming in to run the FBO as opposed to the airport running it and it was currently being rapidly pursued. VOTE: Passed by a vote of 7 in favor to 4 in opposition with (Councilmembers Worthy, Talbot, Massey and Williams) and Councilmember Haire excused. Bids were received as follows: Ellis-Walker Builders, Inc. $510,549.00 Freedom Constructors $419,449.95 M & E Contracting, Inc. $648,207.00 B. Approval of financing of T-Hangars. MOTION: Councilmember Smith moved to follow the recommendation of the Finance Director to do internal financing. SECOND: Councilmember Milligan VOTE: Passed by a vote of 7 in favor to 4 in opposition with Councilmembers Talbot, Massey, Worthy and Williams in opposition and Councilmember Haire excused. C. Approval of change order to HNTB, Inc, for construction management for T-Hangars, in the amount of $26,899.90. MOTION: Councilmember Smith moved to approve. SECOND: Councilmember Fogleman VOTE: Passed by a vote of 7 in favor to 4 in opposition with Councilmembers Talbot, Massey, Worthy and Williams in opposition and Councilmember Haire excused. 20. APPOINTMENTS: This item was postponed until the December 21, 1998 meeting. A. Fayetteville Appearance Commission - nominations are needed to fill eight vacancies (six at-large, one engineer, and one architect) B. Fayetteville Redevelopment Commission - nominations are needed to fill three vacancies. C. Personnel Review Board - nominations are needed to fill three vacancies. 21. ADMINISTRATIVE REPORTS A. Report on revisions to Mobile Home Park ordinance. Mr. Stancil stated there would be a public hearing held on the revised process which had been proposed by the Planning Commission. He stated the hearing would not be dealing with the selection of specific sites but would be dealing with the development process to be used in the future. B. Report from City Manager on leaf season status. Mr. Stancil stated the City was not citing persons with uncontainerized leaves because the ordinance would not allow it. He stated that postcards and letters were being sent asking for help with the leaf season. Mr. Stancil told the Council that this type of leaf collection was becoming a prevalent method of collection in other cities. Mr. Stancil proposed 1.) continuing with the advertised pick-up schedule; 2.) shifting some resources and providing a second sweep of the City at a date to be determined later; and 3.) dealing with the area with hardwood trees which have created drainage and potential accident problems by drawing from additional resources. 22. Closed session to discuss claims against the City and litigation, City of Fayetteville vs. Rothchild Assets. MOTION: Councilmember Fogleman moved to go into closed session to discuss litigation, The City of Fayetteville vs. Rothchild Assets, and claims against the City. SECOND: Councilmember Kendrick VOTE: UNANIMOUS with Councilmember Haire excused. The closed session began at 10:25 p.m. The regular session resumed at 10:54 p.m. INFORMATION ITEMS: 1. Update on downtown projects. MOTION: Councilmember Smith moved to adjourn the meeting. SECOND: Councilmember Fogleman VOTE: UNANIMOUS with Councilmember Haire excused. There being no further business, the meeting adjourned at 10:55 p.m. REGULAR MEETING DECEMBER 21, 1998 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER DECEMBER 21, 1998 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers F. Milo McBryde (at-large); Anne D. Fogleman (at-large); James M. Kizer, Jr. (at-large); Betty Milligan (District 1); Paul A. Williams (District 2); Robert A. Massey, Jr. (District 3); Darrell J. Haire (District 4); Suzan K. Cheek (District 5); Mark C. Kendrick (District 6); Curtis Worthy (District 7); Donald G. Talbot (District 8); J. Wick Smith, Jr. (District 9) Others Present: Roger L. Stancil, City Manager Jimmy Teal, Chief Planning Officer Ben Brown, Chief Development Officer Robert C. Cogswell, Jr., City Attorney Ortharine Sansbury, Assistant City Attorney Craig Hampton, Administrative Services Director Victor Sharpe, Planning Division Manager Scott Dorney, Chief Human Resources Officer Lisa Smith, Interim Finance Director Mick Noland, PWC Water and Sewer Department Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press INVOCATION - PLEDGE OF ALLEGIANCE The invocation was offered by the Reverend David A. Crumpler, of Immanuel Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins announced the Character Education Concept for December 1998 was caring. 1. APPROVAL OF AGENDA Councilmember Kizer requested to abstain from discussion or voting on Item 8. MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Kizer to abstain from discussion or voting on Item 8. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Kizer abstaining) City Attorney Robert Cogswell requested to add a closed session to discuss litigation, the City of Fayetteville vs. Julia M. Faulkner, Trustee, and the City of Fayetteville vs. Rothchild Assets, as Item 16. Councilmember Worthy requested to add Item 15, discussion of 2- to 4- hour holiday appreciation leave for all City employees. MOTION: Councilmember Kizer moved to approve the agenda as amended. SECOND: Councilmember Fogleman VOTE: UNANIMOUS 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Talbot requested to pull Items 2.C, adopt resolution authorizing amendment of Lease Agreement between City of Fayetteville and Cape Fear Studios for space in the Farmer's Market Building located at 148 Maxwell Street, and 2.D, adopt resolution authorizing the amendment of Lease Agreement between City of Fayetteville and Fayetteville Area Chamber of Commerce for the Beldon-Horne House located on Ramsey Street. Councilmember Smith requested to pull Item 2.E, approve amendment of Section 5-17 of the Fayetteville City Code to add the Beldon-Horne House, The Robert C. Williams Business Center and the Airborne and Special Operations Museum to the list of City-owned properties where activities by non-profit corporations may include consumption of alcoholic beverages, and to abstain from voting on this item. MOTION: Mayor Pro Tem McBryde moved to allow Councilmember Smith to abstain from discussion or voting on Item 2.E. SECOND: Councilmember Worthy VOTE: UNANIMOUS (Councilmember Smith abstaining) City Attorney Robert Cogswell requested to make Item 2.J subject to the property being free and clear of any liens. MOTION: Mayor Pro Tem McBryde moved to approve the consent agenda with the exception of Items 2.C, 2.D, 2.E and 2.J as amended. SECOND: Councilmember Kizer VOTE: UNANIMOUS The following items were approved: A. Approve the following traffic matters: 1. Adopt ordinances amending Chapter 20, Motor Vehicles and Traffic, for stop and yield control. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 14 - YIELD RIGHT-OF-WAY, ROXIE AVENUE. ORDINANCE NO. NS1998-040. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, SECTION 20-21. TRAFFIC SCHEDULE NUMBER 6 - STOP INTERSECTIONS. ORDINANCE NO. NS1998-041. 2. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, to prohibit parking on the cul-de-sac portion of the Belvedere Avenue from 8:00 p.m. to 7:00 a.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES, TRAFFIC SCHEDULE NUMBER 17 RESTRICTED PARKING, BELVEDERE AVENUE. ORDINANCE NO. NS1998-042. B. Adopt resolution setting public hearing for February 1, 1999, to consider the closing of Davie Street and the portion of Caswell Street between Hillsboro Street and Bragg Boulevard. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF CASWELL STREET AND ALL OF DAVIE STREET. RESOLUTION NO. R1998-105. C. Pulled for discussion. D. Pulled for discussion. E. Pulled for discussion. F. Adopt resolution declaring various City-owned items surplus to the needs of the City and authorizing disposal via the exchange method as allowed by N.C.G.S. 160A-266 and 160A-271. A RESOLUTION DECLARING VARIOUS CITY-OWNED ITEMS SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING DISPOSAL VIA THE EXCHANGE METHOD AS ALLOWED BY N.C.G.S. 160A-266 AND 160A-271. RESOLUTION NO. R1998-106. G. Adopt resolutions declaring cost and ordering preparation of preliminary assessment roll and setting the time and place for public hearing on January 19, 1999, for the paving of the following streets: 1. Davis Street (from Davis Court to Branson Street) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR DAVIS STREET (FROM DAVIS COURT TO BRANSON STREET). RESOLUTION NO. R1998-107. 2. Smith Street (from Winslow Street to Williams Street) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR SMITH STREET (FROM WINSLOW STREET TO WILLIAMS STREET). RESOLUTION NO. R1998-108. 3. McMillan Street (from Smith Street to Rankin Street) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR MCMILLAN STREET (FROM SMITH STREET TO RANKIN STREET). RESOLUTION NO. R1998-109. 4. Kyle Street (from Winslow Street to Williams Street) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR KYLE STREET (FROM WINSLOW STREET TO WILLIAMS STREET). RESOLUTION NO. R1998-110. 5. Locust Street (from S. King Street to Dead end) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR LOCUST STREET (FROM S. KING STREET TO DEAD END). RESOLUTION NO. R1998-111. 6. Davis Court (from Davis Street to Dead End) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR DAVIS COURT (FROM DAVIS STREET TO DEAD END IN BOTH EASTERLY AND WESTERLY DIRECTIONS). RESOLUTION NO. R1998-112. 7. South Broad Street (from Chestnut Street to Russell Street) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR SOUTH BROAD STREET (FROM CHESTNUT STREET TO RUSSELL STREET). RESOLUTION NO. R1998-113. 8. South Racepath Street (from Locust Street to Dead End) RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FOR RACEPATH STREET (FROM LOCUST STREET TO DEAD END). RESOLUTION NO. R1998-114. H. Approve the following Water and Sanitary Sewer Annexation Agreements: (PWC) 1. Frito Lay, Inc.; property located on Black & Decker Road (Parcel ID# 0425.11-65-9101) 2. Quarterstone Properties, Inc.; Taylor's Creek Mobile Home Park located on Eastern Boulevard (Parcel ID# 0425.04-62-9406) I. Set public hearing for January 4, 1999, to determine the number of Certificates of Convenience and Necessity for taxicabs operating within the City of Fayetteville for 1999. J. Accept Gift Deed from Graham Johnson conveying a sixty-foot right-of-way for a public street to be known as "Bureau Drive". Mr. Cogswell added that this would be subject to the property being free and clear of all liens and encumbrances. K. Refer proposed contract with Fayetteville Partnership to the Council Development Committee. C. Adopt resolution authorizing amendment of Lease Agreement between City of Fayetteville and Cape Fear Studios for space in the Farmer's Market Building located at 148 Maxwell Street. (Current lease expires December 31, 1998) RESOLUTION AUTHORIZING THE AMENDMENT OF LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1998-115. D. Adopt resolution authorizing the amendment of Lease Agreement between City of Fayetteville and Fayetteville Area Chamber of Commerce for the Beldon-Horne House located on Ramsey Street. RESOLUTION AUTHORIZING THE AMENDMENT OF LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1998-116. Councilmember Talbot requested that the way property is leased to non-profit organizations be looked at in regards to the annual rental fee of a dollar and the fact that the City is responsible for maintenance of the heating, plumbing, electrical, and physical structure. Mr. Talbot stated he felt that if an organization rents a building for a dollar, it should be responsible for the maintenance. Councilmember Smith suggested putting this issue on the agenda on the Council's goal setting session. City Attorney Robert Cogswell pointed out that a correction needed to be made on page 27 of the agenda changing the date to December 13, 2000. MOTION: Mayor Pro Tem McBryde moved to approve Items 2.C and 2.D. SECOND: Councilmember Cheek VOTE: UNANIMOUS E. Approve amendment of Section 5-17 of the Fayetteville City Code to add the Beldon-Horne House, The Robert C. Williams Business Center and the Airborne and Special Operations Museum to the list of City-owned properties where activities by non-profit corporations may include consumption of alcoholic beverages. Mayor Dawkins called for the vote on this item. The item passed by a vote of 11 to 0 with Councilmember Smith abstaining. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING §5-17, CONSUMPTION OF MALT BEVERAGES, UNFORTIFIED WINE ON CITY PROPERTY OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1998-018. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1998. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book S1998 and Ordinance Book NS1998. 3. PUBLIC HEARINGS: A. P98-74F - Consideration of revisions and amendments to Chapter 32, Zoning, of the City of Fayetteville Code of Ordinances by adding Section 32-25.2 MHPD Manufactured Home Park District which would allow the following uses: manufactured homes and manufactured home parks as a use by right upon and after conformance with a plan which has been submitted to the Planning Commission for approval in accordance with the provisions of Chapter 30, Trailers, Mobile Homes, and Mobile Home Parks; office for mobile home park; and any use permitted in the R6 Residential District and by deleting Section 32-24(7) pertaining to mobile home parks as a permitted use. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal gave an overview of the recommended changes in the ordinance to include a new district, manufactured home park district. Mr. Teal stated the change involved in Chapter 32 would be to remove mobile home parks as a permitted use in R6, R5A, R5, P1 and P2 zoning districts and to replace it with a zoning district designed for mobile home parks. The proposed zoning classification would be MHPD, Manufactured Home Park District. If approved, anyone wishing to establish a new manufactured home park would first need to get the property rezoned to MHPD. The zoning case would follow the normal procedure of first going to the Zoning Commission and then to the City Council for final action. The zoning hearing would allow the Zoning Commission and the City Council to review the impacts of the manufactured home park in terms of traffic, density and other concerns before such a park could be established. Mr. Teal stated that in order to provide flexibility if a manufactured home park was denied the property could still be developed according to R-6 standards. He also stated the proposed changes would not impact existing manufactured home parks and the ordinance would allow any existing manufactured home park or an approved plan for a manufactured home park prior to January 1, 1999, to keep its current status. A discussion was held on the density, flood plain and buffer requirements, and the procedure to be used in the proposed changes. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 8:19 p.m. Councilmember Talbot requested that the staff review the status of travel trailers. Further discussion was held regarding the rezoning and appeals process, the effect on the existing mobile home parks and the roof shingle requirement. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, ARTICLE II, ESTABLISHMENT OF DISTRICTS AND THE PURPOSE THEREOF, AND ARTICLE IV, DISTRICT USE REGULATIONS. ORDINANCE NO. S1998-019. MOTION: Councilmember Kizer moved to adopt the ordinance. SECOND: Councilmember Kendrick VOTE: UNANIMOUS B. P98-57F - Consideration of revisions and amendments to Chapter 30, Trailers, Mobile Homes, and Mobile Home parks, of the City of Fayetteville code of ordinances to include the following: replace the term "mobile" with "manufactured" throughout Chapter 30; replace planning agency with Planning Commission; change City Council as an approving authority for the manufactured home park plan, giving final approving authority to the Planning Commission; establish a maximum limit of 30 acres for a mobile home park; requirement from 10 feet to 30 feet from the external boundaries; increase parking requirement from 1.33 spaces per manufactured home to 2 spaces per manufactured home; ensure multiple access points are provided when warranted; increase recreation/open space area and require recreation area above the flood plain; increase buffer and landscape requirements; delete the requirements for maintenance permits and provide appeal process of the decision of the Planning Commission to the City Council. Mr. Jimmy Teal, Chief Planning Officer, presented the following summary of the changes in Chapter 30: 1. Change the term of "mobile home" to "manufactured home"; 2. Place a maximum limit of 30 acres for a manufactured home park; 3. Increase the minimum lot size from 3,000 square feet to 4,000 square feet; 4. Increase setback requirement from 10 feet to 30 feet from external boundaries; 5. Increase parking requirement from 1.33 spaces per manufactured home to 2 spaces per manufactured home; 6. Ensure multiple access points are provided when warranted; 7. Require recreation area above the flood plain line; 8. Require a 6 foot landscaping strip for all areas that abut a public street; 9. Buffer and setback areas must not be developed for any uses except for ingress and egress; and 10. Eliminate the City Council as an approving authority for the manufactured home park except to hear appeals from the Planning Commission. This is the advertised public hearing set for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 8:39 p.m. Councilmember Talbot stated travel trailers and roof shingles needed to be removed from the ordinance. Mr. Teal suggested this issue be referred to the Planning Commission for their review and that the ordinance be approved as it had been presented in the agenda. MOTION: Councilmember Talbot moved to refer this issue to the Planning Commission for review. SECOND: Councilmember Haire VOTE: UNANIMOUS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 30, TRAILERS, MOBILE HOMES, AND MOBILE HOME PARKS. ORDINANCE NO. S1998-020. MOTION: Councilmember Smith moved to adopt the ordinance as written. SECOND: Councilmember Massey Councilmember Haire inquired about the classes of manufactured homes. Mr. Teal responded. VOTE: Passed by a vote of 11 in favor to 1 in opposition with Councilmember Haire in opposition Mayor Dawkins stated the ordinance needed to be fine-tuned and brought back to the Council. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book S1998. 4. Consideration of request to address City Council from Clinton Harris concerning issues related to senior citizens. Mr. Clinton Harris addressed the Council regarding his concerns about senior citizens: (1) a need for sidewalks on both sides of the street to encourage more walking by senior citizens; (2) the isolation of senior citizens because of program reductions, in particular, the Meals on Wheels program; and (3) the need for a third building at the Senior Citizen's Center. Mr. Harris requested the Council go back to the way it used to be and to implement more programs to get the senior citizens more involved in life. Mayor Dawkins left the meeting at 8:55 p.m. MOTION: Councilmember Kendrick moved to excuse Mayor Dawkins. SECOND: Councilmember Worthy VOTE: UNANIMOUS Mayor Pro Tem McBryde presided over the remainder of the meeting. 10. Consideration of adoption of Resolution Adopting Revisions to the Electoral District Boundaries of the City of Fayetteville for the Purpose of Accounting for Territory Annexed to the City (Annexations No. 97-07-421 through 98-11-435). Mayor Pro Tem McBryde placed this item next on the agenda. Mr. Jerry Wilson, redistricting consultant, presented this item. Mr. Wilson stated that the submission must comply with North Carolina General Statutes, the Equal Protection Clause of the Constitution and the Voting Rights Act. Mr. Wilson reviewed the history of annexation in Fayetteville and stated that the Justice Department requires notification of any changes to be made and these changes must be pre-cleared by the Justice Department to ensure that there is no retrogression under the Voting Rights Act. Mr. Wilson presented the criteria for the redistricting of the City of Fayetteville. He stated the criteria would ensure the final plan is the best demographic and geographic effort in terms of boundaries and other salient factors that can be reached under the circumstances. The criteria used in the proposed redistricting plan was as follows: 1. Each district shall contain as nearly as possible the same population, but no more than 5 percent more or less than the average; 2. The plan shall satisfy the non-retrogression standard of Section 5 of the Voting Rights Act; 3. The plan shall not subordinate traditional districting criteria to race beyond the extent necessary to avoid Section 2 liability; 4. The plan shall make the minimum changes necessary to the current districts to balance the population, maintain compliance with the traditional districting criteria, and satisfy the Voting Rights Act; 5. The plan shall comply with NC Statute §160A-101. The number of Council seats proposed shall not be less than 3 or more than 12; and 6. The plan shall separate the incumbents where practicable and where other criteria are not jeopardized. Mr. Wilson presented the Redistricting Plan (9 districts, 3 at-large) Plan B, dated December 9, 1998. A copy of this plan is on file in the City Clerk's office at 433 Hay Street, Fayetteville, NC. Mr. Wilson also addressed steps that need to be taken in the future if the City is going to aggressively pursue annexation and to prepare for the election in 2001. Mr. Wilson advised in 2001 that the City try to maintain the current precinct boundaries in order to eliminate any more confusion of the voters. Councilmember Kendrick inquired about changing the term limits. Mr. Wilson advised that the City Council term issue could be addressed at any time and any changes would have to be submitted to the Justice Department. He stated the Justice Department would be concerned about staggering terms and that in the single member districts, an issue would be the density of the Black population and whether it maintained its continued density under the 2000 census and beyond. Councilmember Fogleman inquired as to why the Justice Department would be concerned with staggered terms. Mr. Wilson stated the staggered term issue comes up a lot in the voting right arena. It mainly comes up in terms of which seats are allowed to come up first and whether the stagger undoes or continues the relative voting strength of the Council. The Justice Department's concern would be whether the minority control districts are handled in such a way as to ensure the relative voting strength at both elections. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ADOPTING REVISIONS TO THE ELECTORAL DISTRICT BOUNDARIES OF THE CITY OF FAYETTEVILLE FOR THE PURPOSE OF ACCOUNTING FOR TERRITORY ANNEXED TO THE CITY OF FAYETTEVILLE. RESOLUTION NO. R1998-117. MOTION: Councilmember Worthy moved to accept Mr. Wilson's proposed redistricting plan. SECOND: Councilmember Haire Councilmember Kizer stated there were aspects of this process that made him uncomfortable and he did not like the plan from a design standpoint. Mr. Kizer stated he could not support the plan without saying the number of Councilmembers will be reduced. Councilmember Smith stated he felt a criteria needed to be developed for setting up this type of process and he would like for it to be on the goal setting agenda of the Council. Mr. Smith stated he supported reducing the Council to a three multi-member district and he felt the Council needed to start working on the 2001 election as soon as possible. Councilmember Kendrick stated he felt in order for the Council to be progressive, there was a need to plan for future redistricting and he thought there was a need for four-year terms immediately. FRIENDLY AMENDMENT: Councilmember Kendrick moved to add four straight year terms. Mr. Cogswell stated that this process could not be done tonight because a public hearing needed to be held. Councilmember Kendrick withdrew his amendment after discussion was held regarding the process which would have to be used. Councilmember Milligan expressed her support for reducing the Council size and going to four-year terms. City Attorney Robert Cogswell stated he could have a resolution drawn setting the public hearing for the second meeting in January with a vote being taken at the next regular meeting. Mr. Cogswell stated the process would not be final until 30 days after the approval of the resolution because a petition could be filed for a referendum on this issue within 30 days. This would make the act complete at the end of February. Discussion was held regarding the extension of Council terms. VOTE: Passed by a vote of 11 to 1 in opposition with Councilmember Kizer in opposition. MOTION: Councilmember Fogleman moved to reset the agenda to include resolutions setting a public hearing for consideration of setting four-year terms. SECOND: Councilmember Massey Councilmember Cheek inquired as to whether the terms would be staggered or non-staggered. Councilmember Fogleman stated her motion would be for staggered terms. Councilmember Massey withdrew his second. MOTION: Councilmember Massey moved to reset the agenda to include a resolution setting a public hearing for consideration of setting four year non-staggered terms. Councilmember Williams asked that recall be added. City Attorney Robert Cogswell stated the Council had no authority to do that and it would have to be done through a legislative act. Councilmember Cheek stated she knew that the elections were disruptive to the orderly process of decision making of the Council as a representative body, but she felt this was a good thing because it made the Councilmembers stay closer to their constituents. After further discussion regarding staggered terms versus non-staggered terms, Mr. Wilson repeated that the Justice Department would look at whether each part of the stagger maintained the relative voting distributions and there would be no negative impact on the minority voting districts. Councilmember Cheek stated she could not support the non-staggered terms because it leaves a four-year body with no controls. Councilmember Kendrick stated a public hearing was needed to get the constituents' feelings. He felt that the four-year term was for long-range planning and it was his opinion the Council is currently a short-term Council with long-term plans. Councilmember Haire requested to go forward with the four-year straight terms. VOTE: Passed by a vote of 9 to 3 with Councilmembers Cheek, Talbot and Williams in opposition. 5. Consideration of agreement with Eli Joseph Monsour, Jr., for reservation of right-of-way for the purpose of the future widening of Legend Avenue. Mr. Jimmy Teal, Chief Planning Officer, presented this item. Mr. Teal explained that the agreement would allow Mr. Monsour to reserve a right-of-way for the purpose of the widening of Legend Avenue. He also stated that the agreement would protect the City while waiting to see if the project would go forward. MOTION: Councilmember Kendrick moved to approve the agreement. SECOND: Councilmember Worthy VOTE: UNANIMOUS 6. Discussion of annexation agreement between Town of Hope Mills and City of Fayetteville. City Manager Roger Stancil presented this item. Mr. Stancil recommended setting a joint public hearing for February 8, 1999, with the Town Commissioners of Hope Mills. A discussion was held. MOTION: Councilmember Smith moved to hold as soon as possible a meeting between the two bodies. SECOND: Councilmember Cheek VOTE: UNANIMOUS MOTION: Councilmember Fogleman moved to hold the joint meeting on February 22, 1999. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 7. Consideration of amendments to Chapter 32-22 pertaining to telecommunication towers: Mr. Jimmy Teal presented this item. He recommended the following amendments be sent to the Planning Commission for their review and for a public hearing: A. Limit the density of towers within a tower overlay to a maximum of three (3). B. Replacement of nonconforming towers shall require only a site plan provided the new tower will be within 500 feet of the tower to be replaced, is no closer to a residential unit than the previous tower unless consented by the property owner, and meets the conditions of this section. C. Towers constructed prior to March 4, 1996, must provide co-location unless mechanical, structural or regulatory factors prevent sharing or applicant refuses to pay a fair market rental as determined by the industry as of the date of the application. D. Registration of all existing towers, co-locations and placement of transmitters/receivers within city limits. A discussion ensued regarding the proposed changes. Councilmembers expressed their concern about the limit of three towers in the tower overlay district, the special use permit process, and the enforcement of co-location on the towers. MOTION: Councilmember Kizer moved to send the item to the Planning Commission. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 8. Consideration of the following PWC matters: Councilmember Kizer abstained from discussion or voting on this item. Mr. Mick Noland, PWC Water and Sewer Department, presented this item. He recommended approval. A. Adoption of a Resolution of the City of Fayetteville to dissolve the Water and Sewer Utilities Capital Reserve Fund and to transfer the accumulated funds to the Capital Projects Fund. RESOLUTION OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, TO DISSOLVE THE WATER AND SEWER UTILITIES CAPITAL RESERVE FUND AND TO TRANSFER THE ACCUMULATED FUNDS TO A CAPITAL PROJECT FUND. RESOLUTION NO. R1998-118. B. Approval of the City of Fayetteville Public Works Commission Supplemental 1997 Capital Project Fund Budget. MOTION: Councilmember Kendrick moved to approve Items 8.A and 8.B. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Kizer abstaining) A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 9. Consideration of the following matters related to the Cross Creek Police Station: A. Consideration of a contract to purchase the Cross Creek Police Station parking lot. B. Consideration of adoption of a resolution of the City Council of Fayetteville, NC, declaring the intention of Fayetteville to reimburse itself from the proceeds of the 1996 Installment Payment Revenue Bonds for certain expenditures made or to be made in connection with the acquisition of land for a City Parking Lot adjacent to the Cross Creek Police Substation and Fire Station. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, DECLARING THE INTENTION OF SAID CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF THE 1996 INSTALLMENT PAYMENT REVENUE BONDS FOR CERTAIN EXPENDITURES MADE OR TO BE MADE IN CONNECTION WITH THE ACQUISITION OF LAND FOR A CITY PARKING LOT. RESOLUTION NO. R1998-119. MOTION: Councilmember Cheek moved to approve A and B. SECOND: Councilmember Haire VOTE: UNANIMOUS A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1998. 10.B. Consideration of adoption of a resolution of the City Council of Fayetteville, NC, of intent to consider an ordinance amending Chapter III, "governing body", and Chapter IV, "elections," of the charter of the City of Fayetteville created four-year staggered terms for the election of the mayor and member of the City Council. MOTION: Councilmember Smith moved to set Item 10.B, consideration of adoption of a resolution of the City Council of Fayetteville, NC, of intent to consider an ordinance amending Chapter III, "governing body", and Chapter IV, "elections," of the charter of the City of Fayetteville created four-year staggered terms for the election of the mayor and member of the City Council. SECOND: Councilmember Worthy VOTE: Failed by a vote of 8 to 4 with Councilmembers Cheek, Fogleman, Talbot and Williams in favor. City Attorney Robert Cogswell stated the motion did not pass because a three-fourths vote was needed. Councilmember Worthy stated apparently the Council does not want the public to have input. 11. Report from Transportation Committee. Councilmember Mark Kendrick, Chairman of the Transportation Committee, presented this item. 1. Discussion of DOT requirements for traffic signal installation at the intersection of Robeson Street and Levy Drive. MOTION: Councilmember Kendrick moved to approve a 250-foot turn lane. SECOND: Councilmember Worthy VOTE: UNANIMOUS 2. Discussion of proposed traffic signal on Hillsboro Street at Boundary Lane for the new Department of Social Services Building. MOTION: Councilmember Smith moved to approve the traffic signal with the County paying 100 percent for the turning lane and splitting the cost of the traffic signal 50/50 with the City. SECOND: Councilmember Haire VOTE: Passed by a vote of 11 in favor to 1 in opposition (Councilmember Milligan) 3. Discussion of request for multi-way stop control at Roxie Avenue and Martindale Drive. Councilmember Kendrick stated that the Transportation Committee recommended denial of multi-way stop control signs. No action was required by the Council at this time. 4. Discussion of Photo Enforcement Program for red light violations in Fayetteville. MOTION: Councilmember Kendrick moved to recommend that the City Manager pursue the red light violation program. SECOND: Councilmember Cheek VOTE: UNANIMOUS Councilmember Smith stated that the North Carolina Legislature would have to give permission for the City of Fayetteville to do this project. 5. Review of the proposed design of the Morganton Road Sidewalk project. MOTION: Councilmember Kendrick moved to proceed with bidding the sidewalk project from Churchill to Dundee and to pursue efforts to locate money in this fiscal year to complete the project if at all possible. SECOND: Councilmember Smith VOTE: UNANIMOUS 6. Overall review of the Thoroughfare Plan. Councilmember Kendrick recommended that the staff gather data and report back to the Council within six months. 7. Review of annual street resurfacing list. Councilmember Kendrick stated that the newly annexed area would not be on this list and would be taken care of by separate contracts. MOTION: Councilmember Kendrick moved to appropriate $1,650,000 for the resurfacing program for 85 streets. SECOND: Councilmember Kizer VOTE: UNANIMOUS Councilmember Haire stated he supported the motion but was protesting the fact that he had submitted numbers of several streets and had received no comment and they were not on the list. Councilmember Kendrick explained that the state evaluates the streets annually grading the condition of the streets. The City then reviews the streets and sets the priorities. He requested that Councilmember Haire give him a list of the streets and the Transportation Committee would review them. 8. Discussion of the issue of two left turn lanes onto Raeford Road from Ferncreek Drive. MOTION: Councilmember Smith moved to add an additional turn lane onto Raeford Road from Ferncreek Drive. SECOND: Councilmember Kendrick VOTE: UNANIMOUS 9. Report on speed humps. MOTION: Councilmember Smith moved to approve the recommendations made by the staff. SECOND: Councilmember Talbot VOTE: UNANIMOUS 12. Consideration of referral to the Transportation Committee the proposed improvements to Law Road. (Requested by Councilmember Betty Milligan) Councilmember Milligan requested that Law Road be reviewed in its entirety. MOTION: Councilmember Milligan moved to refer this item to the Transportation Committee. SECOND: Councilmember Worthy VOTE: UNANIMOUS 13. APPOINTMENTS: A. Fayetteville Appearance Commission - nominations are needed to fill eight vacancies (six at-large, one engineer, and one architect) Dr. Linda McAlister was nominated by Councilmember Fogleman. Jeffrey Scott Hughes was nominated for the architect position by Councilmember Kizer. Councilmember Milligan requested to remove Margaret Hedgecoe from the nomination per her request. Martha Bramble, Christy Davis and Melanie Solomon were nominated by Councilmember Milligan. Mr. Doug Brisson was nominated by Councilmember Williams. Mr. David Hill was nominated by Councilmember Talbot. Miss Ellen Jordan was nominated by Councilmember Cheek. Mr. Ned Garber, III, was nominated by Councilmember Kizer. B. Fayetteville Redevelopment Commission - nominations are needed to fill three vacancies. Ms. Eva Ruth was nominated for reappointment by Councilmember Cheek. Mary Hale was nominated by Councilmember Haire. C. Personnel Review Board - nominations are needed to fill three vacancies. Councilmember Milligan requested that Mr. Wesley Reece Shores be allowed to serve on both the Historic and Scenic Sites Committee, a mayoral appointment, and the Appearance Commission. City Attorney Robert Cogswell rendered his opinion that according to the current City Council policy, a person could be on both boards. The current policy applies to only City Council appointments. Councilmember Milligan nominated Mr. Wesley Reece Shores for service on the Personnel Review Board. Councilmember Worthy stated that this process was open to all citizens and he asked all citizens to send their resumes into the City Manager's office or in to him personally. Mr. Moses Best was nominated by Councilmember Massey. Councilmember Haire asked to be excused from the remainder of the meeting. MOTION: Councilmember Kendrick moved to excuse Councilmember Haire from the remainder of the meeting. SECOND: Councilmember Massey VOTE: UNANIMOUS 14. ADMINISTRATIVE REPORTS A. Report on request for City initiated rezoning. (Property location: 1905 Bragg Boulevard) City Manager Roger Stancil presented this item. He stated the Planning staff does not recommend the City initiating a rezoning request in this case for the following reasons: (1.) the property owner has not agreed to a rezoning change and the land can be developed as a residential use as permitted under the P2 zoning classification; (2.) the City's P2 Professional District does allow residential uses, therefore is not totally inconsistent with the 2010 Land Use Plan map; (3.) an option for the neighborhood watch groups is for them to file an application to have the property rezoned. They were informed of this option, but failed to mention that in their letter. The rezoning fee would be $130.00. Mr. Stancil explained there are situations in the City where the 2010 Land Use Plan Map and the zoning are not consistent. However, in the situation where the City Council has initiated the rezoning action, it has been a large area and not a single parcel. An example of this situation is the area around the Cross Creek Mall. The uses in that area were zoned manufacturing which clearly was not the appropriate zoning classification and it involved several parcels rather than just one. MOTION: Councilmember Cheek moved to have the Council initiate the rezoning. SECOND: Councilmember Kendrick An in-depth discussion ensued. VOTE: Failed by a vote of 6 in opposition (Councilmembers Kizer, Milligan, Williams, Massey, Worthy, and Talbot) to 5 in favor (Councilmembers McBryde, Cheek, Kendrick, Smith, and Fogleman)(Councilmember Haire excused) B. Report on comparisons of City of Fayetteville Commercial and Professional Zoning Districts to other cities in North Carolina. MOTION: Councilmember Kendrick moved to send this item to the Development Committee. SECOND: Councilmember Smith VOTE: UNANIMOUS (Councilmember Haire excused) 15. Discussion of 2- to 4- hour holiday appreciation leave for all City employees. MOTION: Councilmember Worthy moved that holiday leave of three hours be given to the employees on Christmas Eve with essential personnel's time being worked out with their manager. SECOND: Councilmember Massey City Manager Roger Stancil requested to make a statement regarding the impact of Mr. Worthy's motion. Mr. Stancil explained that this would mean closing City Hall at 2 p.m. All the rest of the employees would continue to work and three hours would have to be added to their vacation time. It ultimately could result in three hours being added to an employee's retirement. An in-depth discussion was held with Councilmembers expressing their lack of support. Mr. Worthy stated he felt employees would appreciate the time off. Mr. Stancil stated it would cost the City approximately $50,000 to $60,000 to give the employees the three hours. VOTE: Failed by a vote of 7 in opposition (Councilmembers McBryde, Cheek, Talbot, Smith, Fogleman, Kizer and Williams) to 4 in favor (Councilmembers Kendrick, Worthy, Massey and Milligan)(Councilmember Haire excused) 16. Closed session to discuss litigation, the City of Fayetteville vs. Julia M. Faulkner, Trustee, and the City of Fayetteville vs. Rothchild Assets. MOTION: Councilmember Kizer moved to go into closed session to discuss litigation, the City of Fayetteville vs. Julia M. Faulkner, Trustee, and the City of Fayetteville vs. Rothchild Assets. SECOND: Councilmember Kendrick VOTE: UNANIMOUS The closed session began at 10:17 p.m. The regular session resumed at 10:37 p.m. City Attorney Robert Cogswell recommended approving the written offer of Rothchild Assets to settle in the amount of $95,000 for Parcel No. 1023 and accept Parcel No. 10018 as a gift free and clear of all liens and encumbrances and subject to receipt of the environmental report which states nothing is wrong with the site and Rothchild indemnifing the City against anything they have done with the property while it was owned by them. MOTION: Councilmember Kizer moved to approve the recommendation of the City Attorney. SECOND: Councilmember Fogleman VOTE: UNANIMOUS (Councilmember Haire excused) INFORMATION ON PUBLIC HEARINGS SET: JANUARY 4, 1999: Consideration of speed limit reduction to 25 miles per hour for the following streets in the Lake Valley Subdivision: 1. Dashland Drive from Lake Valley Drive to its end 2. Knob Court from Valley ridge Drive to its end 3. Lake Valley Drive from Yadkin Road to Dashland Drive 4. Valley Ridge Drive from Dashland Drive to its end INFORMATION ITEMS: 1. Letter of appreciation from Wenk Engineering regarding the City Inspection Department. 2. Statement of taxes collected for the month of November 1998, from the Cumberland County Tax Collector. 1998 Taxes $446,282.42 1998 Vehicle Taxes 185,149.68 1998 Revit 2,839.52 1998 Vehicle Revit 164.13 1998 FVT 24,577.53 1998 Storm Water 84,871.45 1997 Taxes 20,334.06 1997 Vehicle Taxes 21,718.90 1997 Revit 0.00 1997 Vehicle Revit 1.84 1997 FVT 3,070.20 1997 Storm Water 1,234.80 1996 Taxes 5,961.60 1996 Vehicle Taxes....................................... 819.92 1996 Revit 2.08 1996 Vehicle Revit 0.00 1996 FVT 165.47 1996 Storm Water 461.52 1995 Taxes 9,380.21 1995 Vehicle Taxes 75.47 1995 Revit 0.00 1995 Vehicle Revit 0.00 1995 FVT 45.00 1995 Storm Water 429.65 1994 & Prior Taxes 1,502.03 1994 & Prior Vehicle Taxes 136.96 1994 & Prior Revit 0.00 1994 & Prior Vehicle Revit 0.00 1994 & Prior FVT 65.00 Interest 7,357.63 Interest (Revit) 3.78 Interest (Storm Water) 297.97 Fayetteville Discount (17.62) Revit. Discount (0.00) Total Collections $816,966.44 3. Report on revenue received from advertisement on FAST buses. (Requested by Councilmember Robert Massey) 4. Report on traffic operations at Coventry Road and Glenwick Drive. (Requested by Councilmember Mark Kendrick) 5. Update on Transportation Improvement Program process for 1999. 6. Police Dept. - Professional Standards and Inspections monthly report for November 1998. 7. Redevelopment Commission - minutes of September 9, October 14, and November 12, 1998. 8. PWC - minutes of November 11, 1998. 9. FACVB - minutes of November 19, 1998. 10. Planning Department monthly report for November 1998. (Inserted in packet) MOTION: Councilmember Massey moved to adjourn the meeting. SECOND: Councilmember Kizer VOTE: UNANIMOUS The meeting adjourned at 10:38 p.m.