1996 - MEETING MINUTES CITY OF FAYETTEVILLE, NORTH CAROLINA REGULAR MEETING JANUARY 2, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JANUARY 2, 1996 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Robert A. Massey, Jr. (District 3) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, City Attorney Janet Jones, Deputy City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Bradley Whitted, Airport Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Dr. Ralph Marowitz, Associate Pastor of Covenant Love Family Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Pro Tem Blackwell moved to excuse Councilmember Massey, seconded by Councilmember Cheek and carried by a vote of 7 to 1 with Councilmember Kendrick in opposition. 1. APPROVAL OF AGENDA Councilmember Dempster moved to approve the agenda, seconded by Councilmember Smith and carried unanimously 8 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Mayor Pro Tem Blackwell requested to pull 2.E. and 2.H. Councilmember Kendrick requested item 2.B. to be pulled. Councilmember Cheek moved to approve the consent agenda with the exceptions of 2.B., 2.E., and 2.H. After a second from Councilmember Smith the consent agenda and following items were unanimously approved. A. Approve tax refunds over $100. Property Taxpayer's Name Nature of Clerical Error Description Amount Bruce Wayne Dixon Illegal Tax: Military Non-resident. 1993 and 1994 $200.97 LES received, ETS 8/22/97 FL, Vehicle tax bills remove FVT Travis Bennett Correct Assessment per NADA Loc: 4400 Blanton $98.30 and bill of sale Rd., Line Pine MHP B. (Pulled for discussion) C. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on the west side of Ramsey street (US 401 North), north of Andrews Road and being the property of Brolanco Corporation as evidenced by a map and legal description on file with the Planning Department and known as Fairfield Farm, Section One, and being all of Annexation No. 95-11-407 effective November 6, 1995. (P95-139) D. Approve the following Finance matters: 1. Adopt 1995-96 Budget Ordinance Amendment Change Number 96-8 (DOT/Chamber of Commerce Landscape Improvements at CBD and Ramsey Street). The budget ordinance amendment appropriates $13,000 from NCDOT (funds provided to DOT by the Chamber) and $10,835 from the Chamber for a landscaping and irrigation project at the intersection of the CBD Loop and Ramsey Street. The total project cost is $23,835. Upon completion of the project, the City shall assume responsibility for all maintenance and replacement of the irrigation system and landscape materials. The project includes a 24-month maintenance agreement from the contractor. 2. Adopt resolution authorizing the Mayor and City Clerk to sign and execute a landscape agreement between the N.C. DOT and the City of Fayetteville. RESOLUTION AUTHORIZING AGREEMENT. RESOLUTION NO. R1996-01. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. E. (Pulled for discussion) F. Adopt Order of Collection for unpaid privilege license taxes. G. Adopt resolution appointing Deputy Tax Collectors. RESOLUTION. RESOLUTION NO. R1996-02. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. H. (Pulled for discussion) I. Approve advertisement for upset bids for sale of .204 acre tract on the south side of Morganton Road. 2.B Set public hearing for February 5, 1996, to consider revisions and amendments to the City of Fayetteville Code Of Ordinances, Article IV, Section 32-22(17.1) by deleting the first sentence thereof and substituting the following therefor: Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio telephones, radio and television stations and the operation thereof, after obtaining a Special Use permit to be issued by the City Council upon recommendations from the Planning Board after public hearings as required for amendment to this chapter; and, Section 32-28(60) by deleting the same in its entirety and substituting the following therefor: (60) Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio telephones, radio and telephone stations and the operation thereof, as permitted by Section 32-22(17.1); and, Section 32-34 by adding the following paragraph to the end of this section: Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio telephones, radio and television stations and the operation thereof, as permitted by Section 32-22(17.1). (P95-113) (Case deferred from November 21, 1995, meeting) Councilmember Kendrick requested more information be given to the Council at the January Information meeting in order that everyone will be prepared for the public hearing scheduled in February. Councilmember Kendrick moved to approve setting the public hearing for February 5, 1996, seconded by Councilmember Torrey and carried unanimously 8 to 0. 2.E Adopt 1995-96 Budget Ordinance Amendment Change Number 96-9 (Center Scoreboards). The budget ordinance appropriates $17,501 in advertising revenue from an agreement between the City and Coca-Cola for various advertising, promotional and exclusive product availability rights. The advertising revenue will be used to purchase scoreboards for various recreation centers. Mayor Pro Tem Blackwell inquired about the process used in making this contract with Coca-Cola. Mr. Smith explained this was put out for bid and Coca-Cola came back with the best proposal. Mayor Pro Tem Blackwell moved to adopt the ordinance, seconded by Councilmember Kendrick and carried unanimously 8 to 0. 2.H Approve acceptance for maintenance a portion of Westlake Road from a point approximately 1000 feet north of the Morganton Road/Westlake Road intersection to cul-de-sac. Mayor Pro Tem Blackwell asked for clarification on the history of Westlake Road. City Manager John Smith explained this was not a private street being offered for dedication. He further explained when this area was annexed in 1994 there was a question as to whether the street met the City's commercial standards. This property is now being developed as residential and has been inspected by the engineering department and they have determined it is in compliance with city residential standards. Mayor Pro Tem Blackwell moved to approve, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the five minute time limit for public hearing and of the three minute time limit for non-public hearing speakers. A. Consideration of cancellation of General Aviation Project at Fayetteville Regional Airport. City Manager John Smith presented this item. He recommended the public hearing be held prior to questions from Council. This is the advertised public hearing set for this time and date. The public hearing opened at 7:17 p.m. Mr. Edward M. Banta, 2506 Woodwind Drive, Fayetteville, North Carolina, addressed the Council. He stated the General Aviation Community was opposed to the relocation of the facilities and the move would prove to be a financial burden to both the City and the General Aviation Community. Mr. Banta asked the project be canceled. Mr. Chris Hudson, Mid-Atlantic Regional Representative of the Aircraft Owners and Pilots Association (AOPA), Charlotte, North Carolina, addressed the Council. He stated airport preservation, maintenance and oversight was his primary responsibility and he wanted to bring to the Council's attention the need for very careful scrutiny when a new airport project is considered. It was his opinion there were two unusual aspects of the existing situation. The first was the imposing of private cost on the FBO operators which would have to be passed on to the General Aviation Community. The second aspect was the lack of dialog with the General Aviation population to date and the planning of this project. Mr. Hudson stated General Aviation currently pays 90 to 95 percent of all airport infrastructure improvements in this county through taxes paid on fuel and parts into a trust fund. Mr. Hudson offered his services to the City as an informed resource. Ms. Nancy Faubel, Metro Air Center, Fayetteville, North Carolina, addressed the Council. She expressed her opposition to the relocation of the General Aviation Facilities and stated the move would leave less than two-thirds of the ramp space currently available. She stated in order to make a profit any costs passed on to the FBO's would result in a price change for their services. Mr. Tom Hollinshed, a pilot, appeared in favor of the cancellation of the contract. He stated he did not keep an airplane at the Fayetteville Regional Airport because of the atmosphere and it was his hope that in the future there would be more communication and cooperation between the General Aviation Community and the Management of the airport. Dr. Dudley Miller, Chairman of the Airport Commission, 1455 Pine Valley Loop, Fayetteville, North Carolina, appeared in opposition to the cancellation of the contract. He stated the Airport Commission acknowledges the City Council's concern in regard to the public show of interest. However, he felt the issue at hand was placing the effectiveness of the Airport Commission in jeopardy. Mr. Miller reported that subsequent to the City Council meeting of December 18, 1995, the Airport Commission had approved a subcommittee chaired by Mr. Monroe Evans to meet and work toward an agreement in the planed move. To date there has been a lack of serious negotiations on the part of the FBO tenants with the Airport Commission and the Subcommittee has been charged with bringing the parties together to discuss the issues and to consider further negoiations and the relocation of General Aviation. Dr. Miller requested this issue be put back into the hands of the Airport Commission by Council's not approving the cancellation of the contract. Mr. R. B. Goforth, 325 Murrayhill Road, Fayetteville, North Carolina, expressed his support for the current plan of moving General Aviation and asked Council to support the plan. Dr. Norvell DeAtkur, Fayetteville, North Carolina, stated he has signed up on the incorrect sheet and was in favor of the cancellation of the contract. There being no one else present to speak in favor or opposition to this issue the public hearing closed at 7:41 p.m. Mayor Pro Tem Blackwell thanked everyone for their diligent efforts regarding this issue. He asked administrative questions of City Manager John Smith, Deputy City Manager Roger Stancil, Airport Director Brad Whitted, City Attorney Robert C. Cogswell, Jr., and Chairman of the Airport Commission Dr. Dudley Miller. Mayor Pro Tem Blackwell then asked questions of the following persons in the General Aviation Community: Mr. John Wilson, Mr. Wayne Williams, Mr. Edward M. Banta, Ms. Nancy Faubel, Mr. Chuck Wedge, and Mr. Dan Seman. Upon completion of Mayor Pro Tem Blackwell's questions, Councilmember Cheek asked questions of Deputy City Manager Roger Stancil, Chris Hudson, AOPA, and Mr. Brad Whitted, Airport Director. John Smith, City Manager, stated no one could guarantee a competitive situation whether the facilities stay in the current location or whether they are moved. Councilmember McBryde moved to continue the issue for six weeks in order that the Airport Commission and the General Aviation Community can negotiate and come back to the Council with recommendations. Councilmember Kendrick seconded and carried by a vote of 7 to 1 with Councilmember Ross in opposition and Councilmember Massey absent. B. Consideration of adoption of an ordinance designating the Prince Charles Hotel as a Local Landmark to the Fayetteville Register of Historic Properties. Mr. Daniel Hicks, Chairman of the Historic Resource Commission, presented this item. This is the advertised public hearing set for this item. There being no one present to speak either in favor or opposition the public hearing opened and closed at 9:21 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE DESIGNATING THE PRINCE CHARLES HOTEL, 430 HAY STREET, FAYETTEVILLE, NORTH CAROLINA, AS A HISTORIC LANDMARK. ORDINANCE NO. NS1996-01 Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Ross and carried unanimously by a vote of 8 to 0. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1996. 4. Consideration of making a request to NC DOT for traffic signal at entrance to Kinwood on Ramsey Street. City Manager John Smith presented this item. He stated Councilmember Smith had requested this item be placed on the agenda and his recommendation was to authorize the Mayor to forward this request to the North Carolina Department of Transportation. Mayor Pro Tem Blackwell moved to follow Mr. Smith's recommendation, seconded by Councilmember Ross. Councilmember Smith requested that if state funds are not available for this project he would like to have it referred to the Streets and Roads Committee for a possible solution by the City. Mayor Dawkins called for the vote and the motion carried unanimously be a vote of 8 to 0. 5. Consideration of request from N.C. DOT for speed limit modification along US 401 (Ramsey Street). City Manager John Smith presented this item and informed Council that the Department of Transportation had requested that City Council approve concurring ordinances. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-02. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-03. Councilmember McBryde moved to approve, seconded by Councilmember Smith and carried unanimously 8 to 0. Copies of the foregoing ordinances are on file in the clerk's office in Ordinance Book NS1996. 6. Consideration of award of contract for purchase of Patrol Car Video Surveillance Systems to Kustom Signals, Inc., of Lenexa, Kansas, lowest responsible bidder meeting time restriction in the amount of $23,750.00. City Manager John Smith presented this item and requested Council to include in their approval a waiver of the performance bond. Bids were received as follows: Kustom Signals, Inc. $23,750.00 Alpha Controls, Inc.(Prime) $23,634.45 (exceeds delivery requirements) Alpha Controls, Inc. (Alternate) $22,135.00 (did not meet specifications) Councilmember Ross moved to award the contract with a waiver of the performance bond, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0. 7. Consideration of award of contract for various drainage installations. Assistant City Manager Jimmy Teal presented this item. Councilmember McBryde moved to approve all projects except Buxton Blvd., seconded by Councilmember Ross. Councilmember Kendrick inquired as to the status of 2419 Rolling Hill Road which is not a part of this drainage project. City Manager John Smith stated he would check into this matter for Mr. Kendrick. A discussion ensued regarding the feasibility of splitting the contract as stated in the motion made by Councilmember McBryde. Councilmember McBryde expressed his opposition to spending $150,000 on the Buxton Blvd. Project. Councilmember McBryde withdrew his motion and Councilmember Ross withdrew her second to the motion. Councilmember Cheek moved to award the contract to Wellons Construction Company in accordance with staff recommendations for the amount of $431,466.00, seconded by Councilmember Ross and carried by a vote of 7 to 1 with Councilmember McBryde in opposition. Bids were received as follows: Wellons Construction Company, Inc. $431,446.00 Triangle Paving, Inc. $539,163.00 8. Consideration of approval of Phase 2 Annexation Report for Area 300 and Area 318. Deputy City Manager Roger Stancil presented this item. Each Councilmember had a copy of the official annexation report which is displayed in the clerk's office for the public. A question and answer period was held which covered the effects of annexation on law enforcement, street numbering, the possible increase of the $10 assessment fee, the cost and placement of water and sewer lines by PWC, and the negotiations with the Volunteer Fire Department. Mr. Smith informed Council no changes could be made in the cost of provision of services within 180 days of an annexation. Councilmember Cheek asked if the report made it official that the City will not be going into every neighborhood within 2 years to put water/sewer lines to each house. Mr. Smith replied in the affirmative. Concern was expressed by the Council about the unknown cost being passed on to citizens. Mr. Smith explained that PWC would be making a presentation on this issue at the January Information Meeting. After examination and discussion of the report plans for extending services to the area being considered for annexation, Councilmember Kendrick moved to adopt the plan, seconded by Councilmember Torrey and carried unanimously 8 to 0. 9. Consideration of the following traffic and parking matters: A. Consideration of report on traffic signal investigation on Wagoner Drive and Sycamore Dairy Road. B. Consideration of report on Neighborhood Traffic Control - Multi-Way Stop Guideline Recommendations. C. Discussion of parking in Cape Fear Valley Medical Center area. City Manager John Smith recommended this item be referred to the Streets and Roads Committee. Councilmember McBryde moved to refer all items to the Streets and Roads Committee, seconded by Councilmember Cheek and carried unanimously 8 to 0. 10. Consideration of sixty day extension for right-of-way dedication for private street acceptance in Stonebridge. Councilmember Kendrick moved to grant the 60-day extension, seconded by Councilmember McBryde and carried unanimously 8 to 0. 11. Consideration of joint meeting with Cumberland County Board of Commissioners to discuss the Joint Planning Board matter. City Manager John Smith presented this item. Mr. Smith recommended no action be taken until the staff's report has been submitted to Council at one of its February meetings. Councilmember Cheek requested to meet with the city appointees on the Joint Planning Board after the staff report has been presented. A discussion ensued and it was a consensus of opinion of Council it would be better to meet with the Commissioners after having been presented with the staff's recommended options. 12. APPOINTMENTS: A. Nominations to fill one vacancy on Joint Senior Citizen Advisory Board. No nominations were made at this time. 13. ADMINISTRATIVE REPORTS: A. Discussion of material from City Council Retreat and proposed City Council Goals. City Manager John Smith stated he would like for Council to review the format of goals for adoption at the January 16, 1996, meeting. INFORMATION ITEMS: 1. Letter from Robin Legg, A Complete Fayetteville Once & For All Committee, regarding date for presentation by Robert Marvin on the downtown master plan. 2. Copy of letter to Hunter Smith re: Judson Baptist Church annexation. 3. Report on Bordeaux Area Community Information Meeting. 4. Response to Councilmember Massey regarding Repeat Offender Program. 5. Response to Councilmember Massey regarding forfeiture funds received for fiscal years 1995-1996. 6. Report of tax refunds less than $100. Property Taxpayer's Name Nature of Clerical Error Description Amount Dr. Grant Alleyne Per the audit overstated machinery Business personal $20.97 & equipment figures property machinery & equipment William Yau Lee Illegal tax: LES on file C.A./No 1984 BMW MC $33.93 ETS for Officers 84R80 1985 Moto MC Lario Lester McKnight Per audit, adjusted value T/A Lester's Portrait $26.86 T/A Lester's Portrait overstated machinery and Studio Business Studio equipment figures Personal Property 7. Information on National Forensics League Tournament to be held in Fayetteville during June of 1996. Mayor Dawkins asked for Council's support for this event. 8. Appearance Commission - minutes of November 28, 1995. 9. PWC - minutes of November 8, 1995. 10. PWC - minutes of Water and Sewer Workshop of October 30, 1995. 11. Airport Commission - minutes of November 28, 1995. 12. FACVB - minutes of September 28, 1995. 13. FACVB - New Marketing Direction 14. Notice of cancellation/reschedule of meeting of Historic Resources Commission. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Dempster and carried unanimously 8 to 0. There being no further business the meeting was adjourned at 10:10 p.m. REGULAR MEETING JANUARY 16, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JANUARY 16, 1996 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5) Absent: Mark Kendrick (District 6) (arrived 7:09 p.m.) Others Present: John P. Smith, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, City Attorney Janet Jones, Interim City Clerk Jason Brady, Public Information Officer George Vaughan, Planning Board Director Frank Simpson, Inspections Director Craig Hampton, Administrative Services Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Rev. Louis R. Prosser, Door of Faith Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins announced that Councilmember Kendrick was going to be late to the meeting. Councilmember Smith moved to excuse Councilmember Kendrick until he arrived, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0. RECOGNITION Mayor Dawkins recognized City Park Ranger Tammy Calvin-Weller for her national Award as Park Ranger of the Year. Ms. Calvin-Weller is the first ranger in the Interpretive /Natural resources field to win this award. Mayor Dawkins presented her with a Certificate of Excellence. Mayor Pro Tem Blackwell presented a 20-year pin to Mayor J. L. Dawkins. He recognized Mayor Dawkins for his public service as a City Councilmember for 12 years. He served nine of those years as Mayor Pro Tem and has been Mayor since 1987. Mayor Dawkins was re-elected to his fifth term as Mayor in November, 1995. He has served as past President of the Methodist College Foundation and as former Director of the Fayetteville Urban Ministry, and is currently a member of the Speech and Hearing Board and Chairman of the Fayetteville Urban Area and Transit Advisory Committee. All of the Mayor's family was in attendance for the presentation and his wife Mary Anne, placed the pin on the Mayor's lapel. Councilmember McBryde stated it had been his privilege to serve 16 years with the Mayor and he had never known a finer public servant. Councilmember Kendrick arrived at 7:09 p.m. 1. APPROVAL OF AGENDA City Attorney Robert C. Cogswell, Jr. requested that item 2. F. be changed to setting a public hearing for February 20, 1996. He explained the ordinance would expand the definition of a doctor and what professions could have offices in their homes. Councilmember Ross moved to approve the agenda as amended, seconded by Councilmember Kendrick and carried unanimously 9 to 0. 2. CONSENT: Councilmember Cheek requested to pull item 2.F. Councilmember Kendrick moved to approve the consent agenda with the exception of item 2.F., seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. The following items were unanimously approved. A. Approve minutes of regular meeting of December 18, 1995. B. Approve minutes of regular meeting of January 2, 1996. C. Adopt resolution setting a public hearing for February 20, 1996, to consider the closing of a portion of Lamon Street. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF LAMON STREET. RESOLUTION NO. R1996-003. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. D. Set public hearing for February 20, 1996, to consider an application by Evelyn D. Keene for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-27(1) to allow a home for the care of children in a P2 Professional District for an area located at 3311 Rosehill Road and being the property of Robbie M. and Joseph E. Hale as evidenced by 2971, Page 597, Cumberland County Registry. (P95-132) E. Set public hearing for February 20, 1996, to consider an application by Gwendolyn L. McCoy for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(3) to allow a home for the care of children in an R6 Residential District for an area located at 1461 Thelbert drive and being the property of Lamont Christian as evidenced by deed recorded in Deed Book 3642, Page 116, Cumberland County Registry. (P95-148) F. (Pulled for discussion) G. Adopt resolution approving sale of .204 acre tract on south side of Morganton Road. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1996-004. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. H. Approve award of contract for construction of the Lock's Creek/Cape Fear Schools Sanitary Sewer Interceptor in the amount of $3,825,807.08 to be broken down as follows: (PWC) Division I: Bryant Electric Company, Inc. (High Point, NC) $2,125,470.00 Division II: Bryant Electric Company, Inc. (High Point, NC) $706,807.00 Division III: ES&J Enterprises (Autryville, NC) $993,530.08 Total Project Cost: $3,825,807.08 2.F Approve revisions and amendments to the City of Fayetteville Code of Ordinances, Article III, Section 32-5 "Definitions" by creating a new subsection to read: (10.3) Health care providers. A health care provider is any person who is licensed, or is otherwise registered or certified to engage in the practice of any of the occupations set forth in N.C.G.S. Section 90-405(7); Article IV, Section 32-22(13) is amended by deleting the words, to wit: "Doctors, lawyers, dentists:, and substituting therefor "Health Care Providers, lawyers"; Section 32-24(4) is amended by deleting the words, to wit: "Medical and dental: in the first sentence, and substituting therefor "Clinics for health care providers"; Section 32-26(5) is amended by deleting the same in its entirety and substituting the following: (5) clinics for health care providers, orthotics, and prosthetics, by not including opticians or the practice of veterinary medicine; and Section 32-27.1(12) is amended by deleting the same in its entirety and substituting the following: (12) Clinics for health care providers, orthotics, and prosthetics, but not including opticians or the practice of veterinary medicine. (P96-6) 3. PUBLIC HEARINGS: Mayor Dawkins reminded the audience of the fifteen minute time limit for public hearings and the three minute time limit for non-public hearing speakers. A. Consideration of the rezoning from R6 Residential District to C1P Planned Commercial District or to a more restrictive zoning classification for an area located west of Skibo Road (US 401 Bypass), south of Bragg Boulevard and being the property of Riddle Commercial Properties and Carroll and Michael Simmons as evidenced by deed recorded in Deed Books 4389, Pages 82-84, and 4252, Page 359, respectively, Cumberland County Registry. (P95-130) Mr. George Vaughan presented this item. This is the advertised public hearing set for this time and place. The public hearing opened at 7:26 p.m. Appearing in favor of the rezoning was Mr. Carroll Simmons and Mr. Michael Simmons, 302 Mernell Road. Both are co-owners of the property in question. Mr. George Herndon, Attorney, appeared in favor and expressed his support for the rezoning. There being no one present to appear in opposition the public hearing closed at 7:42 p.m. Councilmember McBryde moved to follow the recommendations of the Planning Board and zone the property C1P, seconded by Councilmember Ross and carried unanimously 9 to 0. B. Consideration of an application by Franklin S. Clark for a Special Use Permit to allow a nursing home (Assisted living complex) in an R6 Residential District for an area located on the south side of the Aberdeen and Rockfish Railroad and Luther Avenue, west of Forsyth Street and being the property of the Franklin S. Clark 1966 Trust, William R. Jordan, Trustee, and HC Enterprises as evidenced by deeds recorded in Deed Books 4390, Page 626 and 4212, Page 364, respectively, Cumberland County Registry, and by a map and legal description on file with the Planning Department. (P95-136) Mr. George Vaughan, Planning Director, presented this item. This is the advertised public hearing set for this time and place. There was no one present to speak either in favor or opposition to this matter. The public hearing opened and closed at 7:45 p.m. Councilmember Kendrick moved to approve the Special Use Permit based on the following findings and conditions: 1. The use is not detrimental to the area; and 2. The use would fit in with the character of the surrounding neighborhood. The motion was seconded by Councilmember McBryde and carried unanimously 9 to 0. C. Consideration of revisions to Fayetteville Urbanized Area Thoroughfare Plan. City Manager John Smith presented this item. This is the advertised public hearing set for this time and place. The public hearing opened at 7:55 p.m. Mr. Doran Berry, 1102 Offshore Drive, appeared in favor of the airport road revision to the Fayetteville Area Thoroughfare Plan. Appearing in opposition to the widening of the current airport road and in favor of the previously approved new road were Mr. Carl Barrington, 2306 Mirror Lake Drive; Mr. Clinton Harris, 4713 Watauga Road; Mr. Tom Snell, 326 Westpark Drive; Mr. Walter C. Moorman, 1609 Pugh Street; Mr. Norvell DeAtkine, 7920 Ancon Drive; and Mr. Bill Gibson. Ms. Chena Simmons, 1007 Ramsey Street; Ms. Kelly Heegel, 2005 Center Street; and Mr. David Hasan, 3714 Rosehill Road, appeared in favor of the airport road widening and expressed their desire that the road still be named in honor of former City Councilmember Joe Pillow. There being no one else to speak, the public hearing closed at 8:19 p.m. Councilmember Massey addressed the issue of naming the road in honor of Mr. Pillow. Councilmembers assured the audience the road would be named for Mr. Pillow. RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1996-005. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Cheek and carried by a vote of 8 to 1 with Councilmember Ross in opposition. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. 4. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at the western corner of the intersection of Purdue and Village Drives and being all of Tract 2, the property of Franklin S. Clark, III, as evidenced by deed recorded in Deed Book 4315, Page 208, Cumberland County Registry. (P95-142) Mr. George Vaughan presented this item. Councilmember Kendrick made a motion that a public hearing be set for February 20, 1996, seconded by Councilmember Cheek and carried unanimously 9 to 0. 5. Consideration of request from Councilmember Cheek to investigate designating a seat on the Airport Commission for an active general aviation pilot. Councilmember Cheek requested that the staff and the Airport Commission look into the possibility of designating a seat on the Airport Commission for an active general aviation pilot through either the designation of a member or by enlarging the Commission by one member. Councilmember Cheek moved to refer this matter to both the staff and the Airport Commission for their recommendations, seconded by Councilmember Kendrick. Councilmember Kendrick expressed his desire to find a person who flies regularly and perhaps it could be the President of the Cape Fear Aero Association by designation. Councilmember McBryde expressed his support for adding a member of the Aero Association but not necessarily the president. His only condition would be that the person own his own plane and that it was placed at the airport. Councilmember Massey expressed his support for Councilmember Cheek's proposal. However, he had concerns about looking at a specific club for representation and did not think the position on the commission should be locked into a particular organization. Councilmember Torrey and Councilmember Smith expressed their support. Mayor Dawkins called for the vote and the motion carried unanimously by a vote of 9 to 0. 6. Consideration of adoption of City Council Goals for FY 96-97. Councilmember Smith moved to adopt the goals, seconded by Councilmember McBryde. Councilmember Cheek requested that several additions be made to the goals and brought back to Council for discussion and approval. A discussion ensued regarding the recommended changes. Councilmember Cheek offered a substitute motion that the following changes be made to the goals: III. Responsive Customer Service: Add emphasis on customer services and customer relations. Instead of one report in March, there should be a continuing of a report each month. IV. Downtown Economic Development: Schedule a series of meetings throughout the city and county to encourage citizen participation. V. Appearance of the city: Add continuation of efforts to implement and enforce the Landscape and Sign Ordinances. The motion was seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. Councilmember Cheek requested this be brought back at the next meeting. 7. Discussion of removal of roll-outs from curb. (Requested by Councilmember Kendrick) Councilmember Kendrick moved to send the issue of removal of roll-out carts from the curb back to the staff for further recommendations on enforcement, seconded by Councilmember Torrey and carried unanimously by a vote of 9 to 0. 8. Consideration of advertisement of notice of intent to sell property to Airpark Associates on February 5, 1996. Mayor Pro Tem Blackwell moved to authorize the advertisement, seconded by Councilmember Smith and carried unanimously 9 to 0. 9. APPOINTMENTS: A. Consideration of request from Emma Greene regarding her appointment to Appearance Commission. Councilmember McBryde moved to make an exception to the City Council's policy of a person not being able to serve on two commissions at the same time and thereby allow Ms. Emma Green to be a member of both the Human Relations Commission and the Appearance Commission until April 1, 1996. There was a consensus of opinion from the Council to allowed the exception at this time. B. Joint Senior Citizen Advisory Board - nominations to fill one vacancy. Councilmember Ross nominated Ms. Daisy McDonald for the current vacancy. INFORMATION ITEMS: 1. Information on drainage project. 2. Statement of taxes collected for the month of December, 1995, from the Cumberland County Tax Collector. 1995 Taxes 8,412,781.17 1995 Vehicle Taxes 161,339.26 1995 FVT 19,558.93 1995 Storm Water 689,192.82 1994 Taxes 7,687.73 1994 Vehicle Taxes 13,921.58 1994 FVT 1,765.00 1993 Taxes 4,543.81 1993 Vehicle Taxes 226.16 1993 FVT 25.00 1992 Taxes 3,665.50 1992 FVT 50.18 1991 & prior Real & Personal Taxes 2,254.29 1991 FVT 12.56 Total Interest 5,629.34 Total Collections 9,322,653.33 3. Response to request from Councilmember Kendrick: Report on pavement repair at 2419 Rolling Hill Road. 4. Board of Adjustment - minutes of November 15, 1995. 5. FACVB - minutes of November 9, 1995. 6. Joint Planning Board - minutes of December 5 and December 19, 1995. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Smith and carried unanimously 9 to 0. There being no further business the meeting was adjourned at 8:53 p.m. INFORMATION MEETING JANUARY 22, 1996 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING COUNCIL CHAMBER CITY HALL JANUARY 22, 1996 7:00 p.m. Present: Councilmembers J. Breeden Blackwell (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Mayor J.L. Dawkins; Councilmember Milo McBryde (at-large) (arrived 7:58 p.m.) Others Present: John P. Smith, City Manager Roger Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, City Attorney Jason Brady, Public Information Officer Janet Jones, Interim City Clerk Frank Simpson, Inspections Director Lois Jircitano, Neighborhood Services Director Barbara Armstrong, Community Development and Housing Manager George Vaughan, Planning Director Steven K. Blanchard, General Manager of PWC Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Robert C. Cogswell, Jr., City Attorney, offered the Invocation followed by the Mayor Pro Tem leading in the Pledge of Allegiance to the American Flag. Mayor Pro Tem Blackwell announced that Mayor Dawkins was absent due to illness and that Councilmember McBryde would arrive late. Councilmember Smith moved to excuse Councilmember McBryde until his arrival, seconded by Councilmember Ross and carried by a vote of 8 to 0 with Councilmember McBryde absent. Councilmember Smith moved to excuse Mayor Dawkins, seconded by Councilmember Torrey and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. 1. APPROVAL OF AGENDA Mayor Pro Tem Blackwell presented the agenda. Councilmember Cheek moved to approve the agenda, seconded by Councilmember Ross and carried by a vote of 8 to 0 with Councilmember McBryde absent. 2. Update on Operations Building Project. Mr. Milt Wofford, Vice Chairman of the PWC Commission introduced Mr. Steve Blanchard, Manager of PWC. Mr. Blanchard introduced Mr. Walter Vick, architect of the operation/administration center design for PWC. Mr. Vick gave an overview of the operation portion of the PWC center. He stated the approved operation center project would be bid and under construction by the end of the summer of 1996. A discussion ensued. 3. Presentation of proposed policies and fees for water and sewer. Mr. Steven K. Blanchard, General Manager of PWC, presented this item. He discussed revenue resources for water and sewer and stated PWC's resources will diminish over the next decade due to deregulation of the electric industry. Since 1986 electric rates have been stable in actual dollars and water and sewer rates have tripled in actual dollars. Mr. Blanchard discussed PWC's position on rates versus up-front charges by using the North Carolina League of Municipal Survey - 1994. He stated that because of the higher cost of water and sewer utility installation the staff recommends that PWC contribute more to the cost of construction and to charge by the connection (lot) rather than front footage for residential usage. He noted construction costs for installing water and sewer in existing subdivisions is five times more costly than installing it in a new subdivision. The proposed fees and charges for Phase II Annexation is as follows: COSTS Public Works Commission Installed Cost Per Lot for Water and Sewer Construction Cost per Lot - $ (Thousands) Water Sewer Total New 1.012 1.247 2.259 Annex 4.026 7.096 11.122 Source: Actual Costs of 1994 and 1995 New Subdivisions and Phase I Annexation. FEES AND CHARGES 1. Water Only: Main Charge = $1,200.00 Service Lateral Charge = $345.00 Total Assessment = $1,545.00 Facilities Investment Fee = $630.00 Total Cost = $2,175.00 2. Sewer Only: Main Charge = $2,100.00 Service Lateral Charge = $505.00 Total Assessment = $2,605.00 Facilities Investment Fee = $500.00 Total Cost = $3,105.00 3. Water & Sewer: Main Charges Water = $1,200.00 Sewer = $2,100.00 Total Main Charges = $3,300.00 Combination Service Lateral Charges $765.00 Total Assessment = $4,065.00 Facilities Investment Fee Water = $630.00 Sewer = $500.00 Total Cost* = $5,195.00 * FIF will be waived if customer connects within 6 months of availability 4. Facilities Investment Fee (FIF)*: (Use RCLD costs per Black & Veatch) Residential FIF for Water = $630.00 Residential FIF for Sewer = $500.00 * FIF will be waived if customer connects within 6 months of availability A discussion followed regarding the interest rates on the assessment, the rising cost, and the treatment facilities. Councilmember Massey requested that a report be given to Council showing the per capita income in the City of Fayetteville as compared to other cities. No action was taken on this item. 4. Discussion of proposed changes in zoning ordinance regarding communications towers. George Vaughan, Planning Director, presented this item. He reviewed the proposed ordinance changes. After a question and answer session in which Councilmember Kendrick expressed his opinion that a Special Use Permit should be required for all towers, Mayor Pro Tem stated that a public hearing had been set for February 5, 1996, for public input. 5. Presentation on Community Development Master Plan on Urban Renewal Property Development. Lois Jircitano, Neighborhood Services Director, and Barbara Armstrong, Community Development and Housing Manager, presented the following Master Plan of Development for the Old Wilmington Road Area. Master Plan of Development Old Wilmington Road Area PHASE I - DEVELOPMENT FY 1996/1998 Project Years One and Two 1. Neighborhood Resource Centers - April 1996 . Walker/Spivey . Campbell Terrace 2. Community Housing Development Organization Project: VanStory Street Property - June 1996 . Twelve (12) Single Family Affordable Housing Units . Affordable Housing Coalition Participation . Community Development Down-payment Assistance Program . Four Lots Reserved for Potential Use by Habitat for Humanity 3. Transitional Housing - June 1996 County Contribution . $375,000.00 New Construction Costs . Twelve (12), Two (2)/three (3) Bedroom Duplex Units . Administrative Responsibility - Pre and Post Construction City Contribution . Infrastructure Costs - (Street Construction $150,000.00 and Site Preparation $27,000.00) . New Construction Costs Contribution $150,000.00 . Monitoring Construction Project . Property Transfer - Nominal Lease Agreement Project Term . Administrative Responsibility for Construction Phase Only Operational Contribution . Administrative Responsibility Provided by Coalition on Services to the Homeless in Contract with the County. . HUD Funded $154,425 Operation Contract . Staffing Building/Grounds Maintenance PHASE II - CHDO FY 1997/1998 Project Years Two and Three Community Housing Development Organization: CURTIS/BELL/HOLT WILLIAMSON STREET HOUSING . Second Phase Affordable Housing Coalition Project . Ten (10) - Twelve (12) Units . Community Development Down-payment Assistance Program . Habitat for Humanity PHASE III FY 1998/1999 Project Year Three Elderly Housing - Alfred Street . Third Phase Affordable Housing . Multi-Unit/Single Family (Subsidized assistance if available) . HUD Funding . Church Sponsored Projects PHASE IV - ECONOMIC DEVELOPMENT FY 1997-2000 Projects Years Two Through Five Strip Mall Development . 8.94 acres of land off Eastern Boulevard . One major anchor store . Major thoroughfares - CBD Loop and East Boulevard . Census Tracts 2,3 and 4 affected . Tax Credits . Private Investments . CDBG/EDA Funding Councilmember Massey moved to excuse Councilmember Cheek, seconded by Councilmember Smith and carried by a vote of 8 to 0 with Councilmember Cheek abstaining. Councilmember Cheek left the meeting at 9:00 p.m. After discussion, Councilmember Kendrick moved to approve the Master Plan in concept, seconded by Councilmember Ross and carried unanimously 8 to 0 with Councilmember Cheek excused and Councilmember McBryde present. INFORMATION ITEMS: 1. Quarterly activities report from City Manager. 2. Police Department - 1995 Crime Statistics, Index Crimes Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Cheek absent and Councilmember McBryde present. The meeting adjourned at 9:40 p.m. REGULAR MEETING FEBRUARY 5, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 5, 1996 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, City Attorney Janet Jones, Interim City Clerk Jason Brady, Public Information Officer Steven Blanchard, General Manager PWC James Rose, PWC David Nash, Annexation Coordinator Ron Hansen, Chief of Police Pete Piner, Fire Chief Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Pete Piner followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins thanked everyone for their cards and prayers during his recent illness. He thanked on behalf of the Council all city employees who had worked long hours and done an exceptional job during the inclement weather over the past weekend. Mayor Dawkins thanked his wife, Mary Anne, for 38 years of marriage. Their thirty-eighth wedding anniversary was January 26, 1996. 1. APPROVAL OF AGENDA Mayor Dawkins presented the agenda. Councilmember McBryde moved to approve the agenda, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Blackwell requested to pull item 2.C. Councilmember Massey moved to approve the consent agenda with the exception of item 2.C., seconded by Councilmember Kendrick and carried unanimously 9 to 0. The following consent agenda items were unanimously approved: A. Approve minutes of regular meeting of January 16, 1996. B. Approve tax refunds over $100. Nature of Clerical Property Taxpayer's Name Error Description Amount Crowder, Charles L. Military Non-res. Cycled vehicles $149.20 No ETS - HOR: CA from 1993-1994 Cape Fear Animal Per the audit over- Business Personal $221.13 Hospital PA, T/A Cape stated machinery and Property machinery Fear Animal Hospital equipment figures and equipment C. (Pulled for discussion) D. Approve the initial zoning to C1P Shopping Center District or to a more restrictive zoning classification for an area located on the south side of Owen Drive, west of Eastern Boulevard and being all of Annexation No. 95-11-408, the property of Taylor Foods Associates as evidenced by a map and legal description on file with the Planning Department and being annexed into the City of Fayetteville effective November 20, 1995. (P96-1) 2.C. Approve award of contract for purchase of one Hydraulic Excavator to R.W. Moore (Raleigh, NC) in the amount of $163,470.00.(PWC) Bids received were as follows: Owsley & Sons (Greensboro, NC) $157,984.00 R. W. Moore (Raleigh, NC) $163,470.00 Mitchell Distributing (Raleigh, NC) $175,530.00 Gregory Poole (Hope Mills, NC) $183,899.00 North Carolina Equipment (Fayetteville, NC) $185,022.00 Mayor Pro Tem Blackwell inquired as to why the award was not made to the lowest bidder. Mr. James Rose of PWC explained that in awarding a bid consideration is given to the lowest presented price and if it meets specifications. In this instance they also studied performance issues, life-cycle-cost and inventory. Mayor Pro Tem Blackwell requested that in the future, information be included in the agenda packet when the award of a contract is to someone other than the lowest bidder. Mayor Pro Tem Blackwell moved to award the contract to R. W. Moore, the lowest evaluated bid, based on performance, life-cycle-cost, and inventory, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 3. PUBLIC HEARINGS: Mayor Dawkins announced that the 15 minute time limit for public hearings would not apply in the annexation public hearings. Each person who signed up would be allotted two minutes to address the Council. He informed the audience that the Council had received a petition in annexation 318 and copies of all correspondence that had been mailed to the city regarding both annexations. A. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville, N.C., for the following areas: Area 318-(Camden Road-Natal Street Area) Consisting of land located south of Owen Drive, between Camden Road on the east and Natal Street and Cumberland Road on the west. Includes the Topeka Heights Apartments. Deputy City Manager Roger Stancil presented this item. He certified to Council that all statutory requirements had been met in this annexation process and that the proposed area to be annexed met all requirements under the Urban Development Standards. Mr. Stancil gave the following list of City services which would be provided to this area upon the effective date of annexation, June 30, 1996. 1. Police Protection. 2. Fire Protection and Emergency Fire Rescue Service: Residents will no longer have to pay a 10.5 cents county fire district tax per 100 hundred dollars of evaluation. 3. Emergency Communications: Enhanced 911 will become available to all telephone customers. 4. Street Maintenance: Cost will be absorbed by the Street Maintenance Division Budget. 5. Paved Streets: Area will become eligible for annual repaving list at no charge. 6. Street Reconstruction, Storm Drainage System Improvements, and other Infrastructure: will be coordinated with water and sewer improvements with significant portion of the project being financed through issuance of General Obligation Debt. 7. Storm Drainage Service: City's policy is to participate to the extent of 50 percent in those improvements when certain conditions are met. 8. Street Lighting: PWC as an agent of the City is responsible for the installation and replacement of street lights. No charge is made for the electricity used in operating street lights. 9. Solid Waste Collection: Residential and commercial services will be provided. 10. County Recreation Tax (5 cents per 100 hundred dollars evaluation): This tax will no longer be paid by residents. The service will be provided by the Recreation/Community Facilities Department. 11. City Inspection Department will enforce the standard building codes and minimum housing standards. Mr. Stancil stated that all of these services will be financed by General Fund revenue, bond proceeds, and capital leases. Water and sewer will be provided by PWC, a City agency. PWC will extend major trunk water mains and major sewer outfall lines. When the major lines are constructed a citizen will be able to secure water/sewer services in accordance with the policy currently in effect in the rest of the City. There has been only one petition for these services in area 318. Mr. Stancil stated that in area 318 no major water or sewer lines are proposed because none are needed. The extension of these lines will be financed by the PWC water and sewer fund if necessary. This is the advertised public hearing for this date and time. The public hearing opened at 7:22 p.m. Mr. William G. Gothard, 224 Hillside Avenue, Fayetteville, NC, spoke in favor of the proposed annexation. The following appeared in opposition to the annexation of area 318: Name Address John Beasley 3114 Bolton Street, City Clyde R. Goins 3118 Bolton Street, City Tommy Tyson 712 West Mountain Drive, City Barry Murray 800 Veda Street, City Donnie C. McRae 311 Bolton Street, City June M. Tew 809 West Mountain Drive, City Ruby Lovick 1406 Everton Drive, City Ruth Barbour 3209 Bolton Street, City There being no one further to speak either in favor or opposition the public hearing closed at 7:46 p.m. A complete recording of this public hearing is available at the city clerk's office. This portion of item 3.A. can be found on tape 1, side A of the February 5, 1996, Regular City Council Meeting tapes. Mayor Dawkins called for any questions from the audience. There was no response. City Manager John Smith requested that written comments and questions be submitted to his office for processing and distribution to the council. A discussion ensued regarding the projected PWC cost and the financing methods to be implemented. Councilmember Massey raised the issue of per capita income versus cost involved. Mr. Smith responded by saying that PWC would have to address this issue but it was his opinion that it would be difficult for the city to charge different rates in different areas. Mr. Smith stated the staff will be back to City Council with recommendations before the February 20, 1996, meeting. B. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville, N.C., for the following areas: Area 300-Consisting of several major residential subdivisions, such as Drake Park, Evergreen Estates, Oakdale, Montclair, Chestnut Hills, Hollywood Heights, Bunce Road, Remington, Scotsdale, Waters Edge, Loch Lomond, Glen Reilly, and Stewart's Creek. Also consisting of several major commercial areas, such as along Raeford Road, along Skibo Road, and at the Cliffdale Road - Reilly Road intersection. Deputy City Manager Roger Stancil presented this item. He certified to Council that all statutory requirements have been met and the proposed area to be annexed met all requirements under the Urban Development Standards. Mr. Stancil presented a list of services to be provided to this area. He pointed out that in the areas of Police and Fire Protection additional personnel and equipment will be required to provide the services, and these changes will be on line prior to June 30, 1996. Additional equipment and personnel will be required for emergency communication, street maintenance and paving, solid waste collection, and recreation/community facilities. Mr. Stancil stated no major trunk water lines will be installed because they were not needed. Major sewer outfall lines and a waste water pumping station will have to be added in this area. To date 263 petitions have been submitted in area 300 requesting services. Financing will be from the PWC water and sewer fund. The effective date of annexation would be June 30, 1996. This is the advertised public hearing set for this time and date. The public hearing opened at 8:06 p.m. The following persons appeared in favor of the annexation of area 300: Name Address Norma E. Currie 912 Rodie Avenue, City Dan Currie 912 Rodie Avenue, City The following persons appeared in opposition to the annexation of area 300: Name Address William B. Berkey President of Remington Homeowners Association 6757 Foxberry Road, City Harry J. Lane 6760 Foxberry Road, City Grant F. Cleverley 4717 Pamlico Road, City Clinton Harris 4713 Watauga Road, City Richard Falls 322 Watergap Drive, City Joe Hollinshed Reilly Road, City Richard Leslie 4712 Beaufort Drive, City Urias Beebe 961 Bunce Road, City There being no one further to appear either in favor or opposition the public hearing closed at 8:35 p.m. A complete recording of this public hearing is available at the clerk's office on tape 1, side B, of the February 5, 1996, Regular City Council Meeting tapes. C. Consideration of revisions and amendments to the City of Fayetteville Code Of Ordinances, Article IV, Section 32-22(17.1) by deleting the first sentence thereof and substituting the following therefor: Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio telephones, radio and television stations and the operation thereof, after obtaining a Special Use Permit to be issued by the City Council upon recommendations from the Planning Board after public hearings as required for amendment to this chapter; and, Section 32-28(60) by deleting the same in its entirety and substituting the following therefor:(60) Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio telephones, radio and telephone stations and the operation thereof, as permitted by Section 32-22(17.1); and, Section 32-34 by adding the following paragraph to the end of this section: Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio telephones, radio and television stations and the operation thereof, as permitted by Section 32-22(17.1). (P95-113) Mr. George Vaughan, Planning Director, presented this item. He reviewed the Planning Board's recommendation after the City Council's request for a Special Use Permit for every tower. The Planning Board recommended a telecommunication tower be a use by right in C1P, C3, M1, M2, C2, C2P, and C2S commercial districts with recommendations and regulations. He recommended that communication towers require Special Use Permit in R15, R10, R5A, R5 residential district, P1, P2, professional district, P3(P) flex office district, and C1 local business district. No tower would be permitted in a C1A business district. A discussion was held regarding the increase in the number of towers, the effect of the waves being emitted on children and pregnant women, the grandfathering effect on existing towers, buffering requirements, and the certification from either a licensed appraiser or real estate broker that the tower will not be detrimental or injurious to property values of the surrounding neighborhood. This is the advertised public hearing set for this date and time. The public hearing opened at 9:06 p.m. Appearing in favor of the revisions and amendments was Mr. Stacey Weaver who spoke on behalf of Bell South, PCS, and Limited Partnership consisting of Bell South Corporation, Duke Power Company, Carolina Power and Light Company, and all independent telephone companies in North Carolina. Also speaking in favor of this item was Mr. Keith Lee, a representative and real estate acquisition specialist with Bell South Personal Communications, 120 South Center Court, Morrisville, North Carolina. There was no one present to speak in opposition to this item. There being no one else to speak in favor or against, the public hearing closed at 9:20 p.m. City Manager John Smith expressed his concerns regarding the possibility of the Building Inspector having to make a determination as to whether requirements were met. He recommended that if the ordinance is adopted as is that Section j. read as follows: "In case of a Special Use Permit the use will not be detrimental or injurious to property value of the surrounding neighborhood." Councilmember Kendrick expressed his concern regarding the location of the towers, how to protect the areas, and what to do to protect the residential neighborhoods. He stated his opinion that all towers should be a Special Use Permit. A question and answer period ensued. Councilmember Cheek moved to approve and enact this ordinance with the following changes: 1. Any tower proposed within 2,000 feet of a residential area would require a Special Use Permit regardless of which zone it is located in. 2. Delete the following sentence for Section (26.3): "All towers existing and approved prior to the adoption of this ordinance shall be exempt from this ordinance." 3. Reword section "j" to read as follow: "In the case of a Special Use Permit the use will not be detrimental or injurious to property values of the surrounding neighborhood and delete the second sentence in its entirety." The motion was seconded by Councilmember Ross. Councilmember Torrey inquired about the effects this ordinance would have on Fayetteville State University's tower. Mr. Cogswell replied it would have to comply with the ordinance if it ceased activity for six months. If it is state owned, the City may have no authority to regulate at all. Research would have to be done on this issue. Councilmember Dempster inquired about the limit on the number of concealed towers. Mr. Vaughan stated there was no limit. Councilmember Kendrick offered a friendly amendment to Councilmember Cheek's motion that a Special Use Permit be required on all proposed tower sites. Councilmember Cheek did not accept the friendly amendment. Mayor Dawkins called for the vote. The vote was 5 in favor and 4 opposed. Councilmembers Massey, Blackwell, Cheek, Torrey, and Ross voted in favor and Councilmembers Kendrick, McBryde, Smith, and Dempster voted against. City Attorney Cogswell stated a second vote would be required. Councilmember Cheek moved to send a request to the Planning Board to consider adding a section to the tower ordinance to require buffering that is in conformity for existing towers and that is in conformity with the spirit of our non-conforming uses for the existing landscape ordinance and also for rebuilding of buildings that may be necessary in and around existing towers, seconded by Councilmember Massey and carried by a vote of 9 to 0. 4. Consideration of the rezoning from M1 Industrial District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 3011 Raeford Road and being the property of Thompson/Short Properties as evidenced by deed recorded in Deed Book 4403, Page 503, Cumberland County Registry, and by a legal description on file with the Planning Department. (P96-3) Planning Director George Vaughan presented this item and informed Council that the Planning Board recommended its approval. Councilmember Kendrick moved to approve, seconded by Councilmember Ross and carried by a vote of 9 to 0. 5. APPOINTMENTS: A. Election of nominee to fill one vacancy on Senior Citizens Advisory Commission. Ms. Daisy McDonald was appointed to the Senior Citizens Advisory Commission to fill in a term which will expire September 1996. Councilmember Massey stated he would like to instruct the City staff to set up a joint meeting of the City Council and the City appointed members of the City/Cumberland County Joint Planning Board on either Monday or Wednesday night prior to the regular March City Council Meeting to discuss the aspect of the inter-relationship with the Joint Planning Board on behalf of the interest of the City of Fayetteville. Mayor Dawkins stated he would need a majority of a vote to do this. Councilmember McBryde stated that because the Council had requested proposals from the City Manager and staff he felt they should be allowed to make their report before meeting with the City Appointees. Councilmember Kendrick was in agreement with Councilmember McBryde. Mr. Smith stated he was planning to come back to the Council on February 26, 1996, Information Meeting with the staff's recommendations. Councilmember Massey amended his request to have the meeting set some time in March after the Information Meeting on February 26, 1996. Mayor Pro Tem Blackwell stated he would have liked to meet with our representatives prior to Mr. Smith's report. He felt the Appointees could give the Council a beneficial insight. Mayor Dawkins called for the vote on the motion. The motion carried by a vote of 7 to 2 with Councilmembers McBryde and Kendrick in opposition. Councilmember McBryde stated his opposition to adding items to the agenda at the meeting. 6. ADMINISTRATIVE REPORTS: A. Report on Airport Commission meeting of January 30, 1996. This item was presented by City Manager John Smith. Mr. Smith stated that three weeks ago a point had been reached where the work could be stopped until a final decision had been made. This decision was made administratively and his recommendation was that without action from Council he would administratively put Mr. Berry back to work at this point. Councilmember Cheek moved to refer to the Policy Committee, rather than amend the ordinance, the issue of having a policy that a member of those who are appointed to the Airport Commission be an active General Aviation Pilot and user of the Airport Facilities instead of adding a designated seat. This motion was seconded by Councilmember Kendrick. Councilmember Kendrick offered a friendly amendment that the General Aviation Group make a recommendation of an appointee for Council's approval. Councilmember Cheek accepted the amendment. Mayor Pro Tem Blackwell stated he had attended the meeting and the Airport Commission was emphatic about not wanting a designated seat on the commission. He stated he felt it should be up to the Council to appoint someone that represented the General Aviation Community to this position. Councilmember Massey called for a restatement of the motion. Councilmember Cheek restated her motion. It was as follows: To refer to the Policy Committee the question of having a policy the Council would nominate and would have on the Commission as a regular member a person who is a licensed pilot and user of the General Aviation Facilities on a regular basis. Mayor Dawkins called for a vote and the motion carried by a vote of 9 to 0. After a lengthy discussion City Manager John Smith stated that if the project is stopped now $450,000 will be spent. If it is continued $119,250 will be spent now with the option of the facility being available if needed. The moving of the facility would require more money over a period of years. Mayor Pro Tem Blackwell summarized the issues as follows: (1) The City will go on with the project. (2) Do what the Commission recommended. (3) Not force anyone to move. (4) When leases come up for renewal the relocation issue can be addressed. Mr. Whited confirmed his summarization. Councilmember Cheek expressed her desire that the Commission, the users, and the City staff try and work on a plan looking at when leases will expire, financing opportunities, and move along and keep the communication lines open in order to avoid future problems. INFORMATION ITEMS: 1. PWC: Copy of rate chart and comparison with other utilities in the State. 2. Blue Ribbon Panel on Air Service: minutes of November 8, 1995. 3. Report on Bordeaux Area Community Information Meeting. 4. Report on Traffic Signal Flashing Operations-All American Freeway and Owen Drive. 5. Report of tax refunds less than $100. Taxpayer's Nature of Clerical Property Name Error Description Amount Crider, Michael Illegal Tax: Military Non-res. 1994 Vehicle Tax $27.40 William LES received. Remove FVT. Bill ETS 2/21/97 - TN Cromartie, Illegal Tax: Tax situs Bladen 1989 Chevrolet $33.51 Liddie Agatha County Hernandez, Illegal Tax: Military Non-res. 1982 Toyota Corolla $13.24 Antonio LES on file for Hernandez. Plat #HTC5529 ETS 12/23/97 - TX 6. PWC - minutes of December 13, 1995, and January 10, 1996. 7. Appearance Commission - minutes of December 19, 1995. 8. Thank you note from Mary Hendrickson of The Hope Center of Cumberland County. 9. Thank you note from Kimberly Dawn Lucas, Miss Fayetteville 1996 10. Recreation and Parks Advisory Commission - minutes of November 27, 1995. 11. FACVB - minutes of December 14, 1995. 12. Historic Resources Commission - 1996 meeting schedule. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. There being no further business the meeting was adjourned at 10:49 p.m. REGULAR MEETING FEBRUARY 20, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 20, 1996 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, Interim City Clerk Jason Brady, Public Information Officer Ron Hansen, Chief of Police Pete Piner, Fire Chief Frank Simpson, Inspections Director Jerome Brown, Transit Director Robert Barefoot, Recreation/Community Facilities Director Al McKenzie, Personnel Director Steven Blanchard, General Manager, PWC Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Senior Chaplain Paul Rider of Pope Air Force Base followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins announced that Councilmember Massey had asked to be excused at 8:20 p.m. and the appropriate action would be taken at that time. RECOGNITION: Mayor Dawkins announced Ms. Bobbie Joyner had retired as City Clerk and she had been honored at a retirement luncheon today. He thanked Ms. Joyner for her service and dedication to the City of Fayetteville and to the City Council. 1. APPROVAL OF AGENDA City Manager John Smith requested to amend item 5. to be consideration of authorization of conveyance. Councilmember McBryde moved to approve the agenda as amended, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Smith requested to pull items 2.H. and 2.C.5. Mayor Pro Tem Blackwell requested to pull item 2.D. City Attorney Robert C. Cogswell asked that on item 2.B. at the very end of the document after the word "covenant" the words "not to sue" be added. Councilmember McBryde moved to approve the consent agenda with the exceptions of items 2.C.5, 2.D. and 2.H. After a second from Councilmember Kendrick the consent agenda and the following items were unanimously approved 9 to 0. A. Approve minutes of information meeting of January 22, 1996. B. Adopt resolution authorizing reconveyance to Airpark Associates the property acquired for airport connector road pursuant to N.C.G.S. 153A-177 and approve Agreement of Release and Covenant. RESOLUTION AUTHORIZING THE RECONVEYANCE OF PROPERTY PURSUANT TO NCGS 153A-177. RESOLUTION NO. R1996-006. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. C. Approve the following Finance matters: 1. Adopt Special Revenue Object Ordinance Number 96-6 (Transit Planning 90.2188) The Federal Transportation Administration has awarded the City $64,000 for the annual transportation planning component. Total project expenditures are estimated at $80,000 with $64,000 being provided by FTA, $8,000 provided by NCDOT, and a City local match of $8,000. The local match is budgeted in the General Fund. 2. Adopt Special Revenue Project Ordinance Number 96-7 (HUD - CDBG FY 95-96) This ordinance appropriates proceeds awarded to Community Development in the amount of $1,206,000 by the U.S. Department of Housing and Urban Development for the FY95-96 Community Development Block Grant program. Funds will be utilized for the following projects: City-wide rehabilitation loan pool, historic preservation, recreation (Myers recreation center expansion), emergency home repair, assistance for homeless, beautification/demolition, street paving and economic development. The emergency home repair program will assist low income owner-occupied households with repairs of an emergency nature such as failed heating systems will continue on a city-wide basis through the Fayetteville Urban Ministry. The assistance for the homeless is in the form of operating assistance for the Homeless Day Center. 3. Adopt Special Revenue Project Ordinance Number 96-8 (HUD - HOME FY95-96) This ordinance appropriates proceeds awarded to Community Development in the amount of $517,000 by the U.S. Department of Housing and Urban Development. These funds will be used to fund the HOME Investment Partnerships Program for FY 95-96. The City will provide a local match of $58,162. The local match is budgeted in the General Fund. The general purpose of this program is to expand decent, safe and sanitary housing stock to very low- and low-income individuals and families. 4. Adopt Capital Project Ordinance Number 96-3 (Transit Capital 90.0188) The Federal Transportation Administration has awarded the City $271,144 for the purchase of replacement vans (5), shop equipment, miscellaneous support equipment, communications equipment, and renovation of yards and shop to include lights. Total project expenditures are estimated at $333,305, with $271,144 being provided by FTA, $31,080 provided by NCDOT, and a City local match of $31,081. The local match is budgeted in the General Fund. 5. (Pulled for discussion) D. (Pulled for discussion) E. Approve annual report to Federal Transportation Administration certifying compliance with alcohol and drug testing regulations. F. Authorize advertisement for upset bids for sale of surplus property on the north side of Hay Street (Exchange Square on corner of Hay and Hillsboro). G. Set public hearing for March 18, 1996, to consider speed limit reduction on the following: 1. Coldwater Drive from Carriage Road to Pasture Lane; Pasture Lane from LA Dunham Road to Windmill Road; Windmill Road from Coldwater Drive to its end. 2. North Churchill Drive from Fort Bragg Road to Morganton Road. 3. Southland Drive from Arbor Road to Stacey Weaver Drive; Linton Hall Road from Southland Drive to its end. H. (Pulled for discussion) I. Adopt resolution authorizing application for Section 3 Funding, enter into agreement with NCDOT and to provide necessary assurances to purchase three Transit buses. AUTHORIZING RESOLUTION TO APPLY FOR SECTION 3 FUNDING, ENTER INTO AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND TO PROVIDE NECESSARY ASSURANCES. RESOLUTION NO. R1996-007. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. J. Approve award of contract for construction of Sanitary Sewer Interceptor Line V (Jack's Ford Branch to Cottonade) to R. H. Moore Company, Inc.,(Murrells Inlet, SC), low bidder in the amount of $567,141.00. (PWC) Bids received were as follows: R. H. Moore Company, Inc. (Murrells Inlet, SC) $567,141.00 Yates Construction Co., Inc.(Stokesdale, NC) $665,646.00 B.R.S., Inc. (Richfield, NC) $715,979.75 State Utility Contractors, Inc.(Monroe, NC) $731,081.00 Dellinger, Inc. (Monroe, NC) $838,805.40 K. Approve award of contract for Instrumentation and SCADA Upgrade at the P.O. Hoffer Water Treatment Facility to Bryant Electric, (High Point, NC), low bidder in the amount of $929,000.00. (PWC) Bids received were as follows: Bryant Electric (High Point, NC) $929,000.00 Crowder Construction (Morrisville, NC) $939,492.00 Breedlove Electric (Henderson, NC) $1,003,000.00 L. Approve award of contract for construction of the Fisher Road/Lakewood Drive 16" water main to Blythe Construction, Inc., (Mebane, NC), low bidder in the amount of $491,171.87. (PWC) Bids received were as follows: Blythe Construction (Mebane, NC) $491,171.87 State Utility (Monroe, NC) $511,502.10 Bryant Electric (High Point, NC) $525,296.20 Blue Construction (Sanford, NC) $526,672.50 R.H. Moore (Murrells Inlet, SC) $539,502.00 Marlboro Construction (Bennettsville, SC) $572,098.21 B.F. McMahon (Columbia, SC) $622,892.00 2.C.5 Adopt Transit User Fee Schedule (Advertising Fees) Councilmember Smith inquired as to whether advertisers are in agreement with these increased rates. Mr. Jerome Brown, Transit Director, stated that he had not yet contacted the advertisers, but he did not think he would lose any participants because he had a waiting list. Councilmember Smith moved to approve the proposed increased rates, seconded by Councilmember McBryde and carried by a unanimous vote of 9 to 0. The following bus advertising rates were approved: Advertising Size Amount of Fee King size exterior sign $120 per month Queen size exterior sign $100 per month Rear Spectacular exterior sign $140 per month 2.D. Approve tax refunds over $100. Mayor Pro Tem Blackwell inquired about the tax refund to Edward Rose Bldg. Co. in the amount of $25,300. Mr. John Smith stated this was an appeal on a property evaluation which was done at state level. Mayor Pro Tem Blackwell moved to approve, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. The following tax refunds were made: Taxpayer's Name Nature of Clerical Error Amount Edward Rose Bldg. Co. Adjustment per Property Tax Commission $25,300.00 Lee Hyundai, Inc. Per Audit, overstatement of machinery $221.31 and equipment One Hour Koretizing, Per Audit, overstatement of machinery $177.02 Inc. and equipment Pro Tire of Fayetteville, Per Audit, overstatement of machinery $165.02 Inc. and equipment Taylor Foods Inc. Per Audit, overstatement of machinery $182.17 T/A Taco Bell #2468 and equipment Taylor Foods Inc. Per Audit, overstatement of machinery $270.02 T/A Taco Bell Office and equipment WalMart Stores Inc Per Audit, overstatement of machinery $611.63 and equipment Turner, Samuel Shane Illegal Tax: Military non-resident. $142.76 & Jill Dawn LES on file for Samuel TX--11/22/96 Nationwide Golf & Adjust Assessment per amended listing $317.28 2.H. Approve contract between City of Fayetteville and CSX Railroad Company for installation of rubberized railroad crossing. Councilmember Smith inquired as to how the costs are split on this project. City Manager John Smith stated this was a standard working relationship with the Railroad Company in that the City buys the materials and the Railroad Company installs it. Councilmember Smith moved to approve, seconded by Councilmember Kendrick and carried unanimously 9 to 0. 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of the time limit for public hearing and non-public hearing speakers. A. Consideration of an application by Evelyn D. Keene for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-27(1) to allow a home for the care of children in a P2 Professional District for an area located at 3311 Rosehill Road and being the property of Robbie M. and Joseph E. Hale as evidenced by 2971, Page 597, Cumberland County Registry. (P95-132) (Case deferred from November 21, 1995, meeting) This item was presented by Mr. Matt Rooney, Planning Board Staff. Mr. Rooney stated the Planning Board and Planning staff recommended denial of the request for a Special Use Permit. This is the advertised public hearing for this date and time. There was no one present to speak in favor or opposition. The public hearing opened and closed at 7:15 p.m. Councilmember McBryde moved to approve the Special Use Permit. There was no second. Mayor Pro Tem Blackwell moved to deny the Special Use Permit, seconded by Councilmember Kendrick and carried by a vote of 8 to 1 with Councilmember McBryde in opposition. B. Consideration of the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at the western corner of the intersection of Purdue and Village Drives and being all of Tract 2, the property of Franklin S. Clark, III, as evidenced by deed recorded in Deed Book 4315, Page 208, Cumberland County Registry. (P95-142) Mr. Matt Rooney of the Planning Department presented this item and he informed Council the Planning Board recommended denial of P2 and approval of P1, Professional District. This is the advertised public hearing for this date and time. The public hearing opened at 7:20 p.m. Mr. Stacey Weaver, Attorney for Mr. George Pantelakos, appeared in favor of the rezoning. Ms. Julia Parker, 1605 Marlborough Road, appeared in opposition. There being no one further to speak either in favor or opposition the public hearing closed at 7:34 p.m. Councilmember Kendrick raised the issue of spot zoning. City Attorney Robert C. Cogswell stated in his opinion it would be illegal spot zoning to rezone this tract. Councilmember Kendrick expressed his opinion the rezoning would be a detriment to the residential neighborhood and particularly to the two houses backing up to the track. Mr. Kendrick moved to deny the rezoning, seconded by Councilmember Torrey. A discussion ensued. Councilmember Cheek expressed her preference to protect residential neighborhoods and to keep within the plan for this area. Councilmember Torrey stated he could not support spot zoning. Mayor Pro Tem Blackwell inquired about buffering. He made a substitute motion to approve the zoning to R5 and to require the petitioner to seek a Special Use Permit, seconded by Councilmember McBryde. City Attorney Robert C. Cogswell stated the Special Use Permit requirement was not necessary in the motion. The issue of parking was raised by Councilmember Ross. Councilmember Kendrick expressed his opposition to R5 zoning. A discussion ensued regarding the uses and density requirements of an R5 zone. Councilmember McBryde expressed his support for R5. Councilmember Massey called the question on the substitute motion. The vote to call the question carried 6 to 3 with Councilmembers McBryde, Smith, and Kendrick in opposition. Mayor Dawkins called for the vote on the substitute motion and clarified that a vote in the affirmative would be in favor of rezoning the property to R5. The vote was defeated by a vote of 6 to 3 with Councilmembers Cheek, Torrey, Kendrick, Massey, Smith, and Ross in opposition and Councilmembers Dempster, McBryde, and Blackwell in favor. Mayor Dawkins called for the vote on the original motion to deny the rezoning and leave the property R10. The vote was 6 to 3 to keep the property R10 with Councilmembers McBryde, Blackwell, and Dempster in opposition. C. Consideration of application by Gwendolyn L. McCoy for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-24(3) to allow a home for the care of children in an R6 Residential District for an area located at 1461 Thelbert Drive and being the property of Lamont Christian as evidenced by deed recorded in Deed Book 3642, Page 116, Cumberland County Registry. (P95-148) This item was presented by Matt Rooney, of the Planning Department. The Planning Board and Planning staff recommended denial of the request. This is the advertised public hearing set for this date and time. The public hearing opened at 8:02 p.m. There was no one present to speak in favor of this item. Appearing in opposition was Ms. Joyce S. Jones, 1486 Thelbert Drive, Fayetteville, North Carolina. She was sworn in by the City Clerk. Ms. Jones presented a petition from 47 residents in the area requesting denial of the Special Use Permit. There being no one further to speak in favor or opposition the public hearing closed at 8:04 p.m. Councilmember Torrey moved to deny the Special Use Permit, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. Mayor Pro Tem Blackwell moved to excuse Councilmember Massey, seconded by Councilmember Ross, carried by a vote of 8 to 0. Councilmember Massey left the meeting at 8:19 p.m. D. Consideration of revisions and amendments to the City of Fayetteville Code of Ordinances, Article III, Section 32-5 "Definitions" by creating a new subsection to read: (10.3) Health care providers. A health care provider is any person who is licensed, or is otherwise registered or certified to engage in the practice of any of the occupations set forth in N.C.G.S. Section 90-405(7); Article IV, Section 32-22(13) is amended by deleting the words, to wit: "Doctors, lawyers, dentists:, and substituting therefor "Health Care Providers, lawyers"; Section 32-24(4) is amended by deleting the words, to wit: "Medical and dental: in the first sentence, and substituting therefor "Clinics for health care providers"; Section 32-26(5) is amended by deleting the same in its entirety and substituting the following: (5) clinics for health care providers, orthotics, and prosthetics, by not including opticians or the practice of veterinary medicine; and Section 32-27.1(12) is amended by deleting the same in its entirety and substituting the following: (12) Clinics for health care providers, orthotics, and prosthetics, but not including opticians or the practice of veterinary medicine. (P96-6). This item was presented by Planning Department staff member Matt Rooney. Mr. Rooney stated the Planning Board recommended approval of the adoption of the revisions and amendments to the code of ordinances. This is the advertised public hearing for the time and date set. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 8:25 p.m. Councilmember McBryde moved to deny the ordinance revisions, seconded by Councilmember Cheek. An in-depth discussion of the definition of the term doctor/health care provider and parking requirements ensued. No consensus of opinion could be reached. Councilmember McBryde withdrew his motion and Councilmember Cheek withdrew her second. Councilmember Kendrick moved to send the ordinance back to staff for looking at changing the term "doctor" to "medical doctor", seconded by Councilmember McBryde. Councilmember Cheek expressed her concern about allowing these professional uses in a residential area. She made a motion to consider sending to the Planning Board a request to change the zoning ordinance to remove the professional offices as permitted uses in a residential neighborhood. City Attorney Robert C. Cogswell asked the Council to bring a closure to this item by voting it down and then requesting a revision be done. Councilmember Kendrick withdrew his motion and Councilmember McBryde withdrew his second to this motion. Councilmember McBryde moved to deny the revision as presented, seconded by Councilmember Cheek and carried by a vote of 8 to 0 with Councilmember Massey excused. Councilmember Cheek restated her motion to send a request to the Planning Board to change the zoning ordinance to remove the professional offices as permitted uses in a residential neighborhood, seconded by Councilmember McBryde and carried by a vote of 8 to 0 with Councilmember Massey excused. Councilmember Cheek raised the question as to whether the Adjustment Board could overturn the Council's decision on a Special Use Permit. Mr. Cogswell stated that in his opinion they could not. E. Consideration of adoption of resolution closing a portion of Lamon Street. This item was presented by City Manager John Smith. He recommended the adoption of the resolution closing a portion of Lamon Street. This is the advertised public hearing set for this date and time. The public hearing opened at 8:45 p.m. Appearing in favor were Dawn Driggers, Assistant Executive Director, and Donald Sherrill, Executive Director of the Fayetteville Metropolitan Housing Authority. There was no one present to speak in opposition. The public hearing closed at 9:51 pm. RESOLUTION AND ORDER CLOSING A PORTION OF LAMON STREET. RESOLUTION NO. R1996-008. Mayor Pro Tem Blackwell moved to adopt the resolution, seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Councilmember Massey excused. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. 4. Consideration of revisions and amendments to the City of Fayetteville Code Of Ordinances, Article IV, Section 32-22(17.1) by deleting the first sentence thereof and substituting the following therefor: Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio telephones, radio and television stations and the operation thereof, after obtaining a Special Use Permit to be issued by the City Council upon recommendations from the Planning Board after public hearings as required for amendment to this chapter; and amendments to Sections 32-29 (C1P Shopping Center), 32-30 (C2 Central Business District), 32-32 (C3 Heavy Commercial), 32-3 (M1 Industrial), and 32-34 (M2 Industrial), to permit towers as a matter of right upon complying with the conditions set forth for a Special Use Permit, unless the tower is within a 2000' radius of an area zoned residential which shall require a Special Use Permit. (P95-113) (Second reading) Mayor Dawkins stated this was a second reading. The first reading had a vote of 5 in favor to 4 opposed. He reminded Council they could not discuss the motion, but they could ask questions of the Attorney and the staff. City Attorney Robert C. Cogswell presented a drafting correction to the ordinance. Mayor Pro Tem Blackwell asked Mr. Cogswell about his concerns regarding broadcasting towers as to the requirements of broadcasting towers versus the requirements of telecommunication towers. Mr. Cogswell stated he did not have the information at this time. Mayor Pro Tem Blackwell stated he would not want to take action without the requested information. Mayor Dawkins called for the vote on the ordinances sent out in the packet with Mr. Cogswell's change. The vote was 8 to 0 in opposition with Councilmember Massey excused and the motion to approve the ordinance was unanimously defeated. 5. Consideration of resolution conveying property on Lamon Street to Fayetteville Metropolitan Housing Authority. Councilmember Kendrick moved to approve the conveyance of the property on Lamon Street to the Fayetteville Metropolitan Housing Authority as amended prior to the approval of the agenda, seconded by Councilmember Smith and carried by a unanimous vote of 8 to 0 with Councilmember Massey excused. Mayor Pro Tem Blackwell inquired about the action taken on Item 4. Mr. Cogswell responded that their action means the moratorium expires on March 3, 1996, and the existing ordinance is now in effect. The item can be reconsidered at this point but can only deal with motions that relate to what has been discussed at the public hearing and what has been advertised before. A discussion ensued regarding this matter. City Manager John Smith stated that this item can be placed on the next agenda meeting for discussion and direction to the staff as to how to proceed. He informed Council that they could revisit this ordinance but if they were going to refashion something in order not to go back to the Planning Board they would still have to deal with the items discussed at the public hearing and the way the ordinance was advertised. At this point Mayor Dawkins stopped the discussion and moved to item 6. 6. Consideration of the following Phase II Annexation matters: A. Consideration of amendment to Annexation Report to amend Area 300 and exclude Area 318. City Manager John Smith presented this item. He reviewed the amendments to the annexation report and recommended the exclusion of Area 318 at this time. The amendments to the annexation report are set out in a memo dated February 15, 1996, from David Nash to Roger Stancil, Attachment A hereto, which is by reference as if fully set forth. Councilmember McBryde moved to delete Area 318 from Phase II Annexation, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Massey absent. Councilmember McBryde moved to amend the boundaries of Area 300 by deleting an Area along 71st School Road and Reilly Road, seconded by Councilmember Cheek and by a vote of 7 to 1 with Councilmember Torrey in opposition and Councilmember Massey absent. Mayor Pro Tem Blackwell moved to add the revised maps and approve the amendments as set out in Attachment A of these minutes, seconded by Councilmember McBryde and carried by a vote of 8 to 0 with Councilmember Massey absent. B. Consideration of a City-initiated annexation 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, for the following area: 1. Area 300 - consisting of several major residential subdivisions, such as Drake Park, Evergreen Estates, Oakdale, Montclair, Chestnut Hills, Hollywood Heights, Bunce Road, Remington, Scotsdale, Waters Edge, Loch Lomond, Glen Reilly, and Stewart's Creek. Also consisting of several major commercial areas, such as along Raeford Road, along Skibo Road, and at the Cliffdale Road-Reilly Road intersection. City Manager John Smith presented this item. A lengthy discussion was held on the assessment process to be used and the number of years to be allowed for repayment of the loans. 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 300 (CONSISTING OF THE FOLLOWING MAJOR RESIDENTIAL SUBDIVISIONS: DRAKE PARK, EVERGREEN ESTATES, OAKDALE, MONTCLAIR, CHESTNUT HILLS, HOLLYWOOD HEIGHTS, BUNCE ROAD, REMINGTON, SCOTSDALE, WATERS EDGE, LOCH LOMOND, GLEN REILLY, AND STEWART'S CREEK. ALSO CONSISTING OF MAJOR COMMERCIAL AREAS ALONG RAEFORD ROAD, SKIBO ROAD, AND AT THE CLIFFDALE ROAD-REILLY ROAD INTERSECTION.) ANNEXATION ORDINANCE NO. 96-02-409 Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Cheek and carried by a vote of 6 to 2 with Councilmembers Smith and Dempster in opposition and Councilmember Massey excused. 2. Area 318 - (Camden Road-Natal Street Area) Consisting of land located south of Owen Drive, between Camden Road on the east and Natal Street and Cumberland Road on the west. Includes the Topeka Heights Apartments. This area was deleted from Phase II Annexation by a motion in 6.B.1. C. Consideration of adoption of 1995-96 Budget Ordinance Amendment Change 96-10 to appropriate funds for pre-annexation expenses. Councilmember Cheek moved to adopt the ordinance, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember Massey excused. D. Consideration of award of contract for purchase of roll-out carts for annexation area to Zarn, Inc., of Reidsville, NC, lowest responsible bidder meeting specifications in the amount of $278,530. Bids received were as follows: Zarn Inc., Reidsville, NC $278,530.00 Otto Industries, Charlotte, NC $282,632.00 Toter Incorporated, Statesville, NC $283,178.32 Councilmember Smith moved to award the contract, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember Massey excused. E. Consideration of award of contract for purchase of one Fire Pumper to Slagle's Fire Equipment and Supply Company of South Boston, Virginia, lowest responsible bidder meeting all technical specifications and requirements in the amount of $273,859.84. Bids received were as follows: Slagle's Fire Equipment & Supply Co., South Boston, VA $273,859.84 Emergency Apparatus Inc., Durham, NC $280,748.70 Chief's Fire and Rescue Inc., Jefferson, NC $281,745.13 Smeal Fire Apparatus, Snyder, NE $282,132.16 C.W. Williams and Company, Rocky Mount, NC $294,989.86 Councilmember McBryde moved to award the contract, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Massey excused. 7. Consideration of adoption of a resolution identifying the area described herein as being under consideration for future annexation. (Readoption and merger of three previously identified areas of consideration.) City Manager John Smith presented this item and explained that this resolution must be adopted every two years in order to continue annexation and it has nothing to do with Phase II Annexation. 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. R1996-009. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Kendrick and carried unanimously by a vote of 7 to 1 with Councilmember Dempster in opposition and Councilmember Massey excused. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. 8. Consideration of request to NCDOT for sidewalk program participation. Assistant City Manager Jimmy Teal presented this item. He recommended two areas, Purdue Drive and Morganton Road, for the installation of sidewalks. Councilmember Kendrick moved to approve, seconded by Councilmember Smith. A discussion followed regarding combining these funds with the currently approved Morganton Road sidewalk project. Councilmember Massey returned to the meeting at 10:02 p.m. Mayor Pro Tem Blackwell offered a substitute motion to explore the possibility of using the $25,850.00 for the Morganton Road project to begin in the project approved one and one-half years ago with the suggestion that a look be taken at the cost of retrofitting the bridges as needed, seconded by Councilmember Cheek. Councilmember Kendrick inquired as to the status of Purdue Drive. Mr. Teal replied it would be left intact. Councilmember Kendrick stated he would support the substitute motion. The vote was 9 to 0 to approve the substitute motion with Councilmember Massey in attendance. 9. Consideration of contract between City of Fayetteville and Norfolk-Southern Railroad Company for replacement of pipe under railroad tracks in Kinwood Subdivision. Councilmember Smith moved to authorize negotiation of the contract, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 10. Consideration of award of contract for purchase of one 1996 Suburban Utility Vehicle to Reed-Lallier Chevrolet-Geo, sole bidder in the amount of $29,909.90. Mayor Pro Tem Blackwell moved to award the contract, seconded by Councilmember Dempster and carried unanimously 9 to 0. 11. Consideration of award of contract for purchase of four (4) medium size rescue vehicles to Emergency Vehicles, Inc., of Florida, lowest responsible bidder in the amount of $302,019.00. Bids received were as follows: Emergency Vehicles, Lake Park, FL $302,019.00 Southern Coach, Inc., Ocala, FL $329,781.56 C.W. Williams, Rock Mount, NC $334,823.00 Hackney & Sons by Emergency Apparatus, Durham, NC $317,712.92 Chief's Fire & Rescue Inc., Jefferson, NC $341,601.36 Mayor Pro Tem Blackwell moved to award the contract, seconded by Councilmember McBryde and carried unanimously 9 to 0. This item was amended at the May 6, 1996, meeting on Item 2.A. - "with a 20% Performance Bond Requirement" was added to the first paragraph. 12. Consideration of award of contract for purchase of four (4) 35' Advanced Design Wheelchair Accessible Transit Coaches to Nova Bus, Inc., sole bidder in the amount of $963,500.00. City Manager John Smith presented this item. He recommended the award of the contract with a 20 percent Performance Bond Requirement. Mayor Pro Tem Blackwell moved to award the contract, seconded by Councilmember Smith. A discussion was held on the feasibility of extending these funds when the future of FAST is questionable. Councilmember McBryde expressed his opposition to this action. Mayor Dawkins called for a vote and the vote carried by a margin of 8 to 1 with Councilmember McBryde in opposition. 13. Consideration of adoption of City Council Goals for FY 96-97. Mr. John Smith presented this item and stated that Councilmember Cheek's recommendations had been added. Councilmember Cheek moved to adopt the goals with the word "County" taken out of Section 4., seconded by Councilmember Massey. A discussion ensued regarding the terms of office. Mr. Smith stated he felt the time to deal with this would be when the redistricting plan was considered. Mayor Dawkins called for the vote and the motion carried by a margin of 9 to 0. 14. ADMINISTRATIVE REPORTS: A. Report on request from residents of Morgan Lane. Mayor Pro Tem Blackwell stated he was glad this drainage problem was being worked on. He inquired about the date of the public hearing. Mr. Teal stated this item would be back to Council some time in May or June. Mr. Blackwell requested that Mr. Hicks be given notification. Councilmember McBryde requested that any information that is sent to Mr. Hicks also be sent to the whole neighborhood. INFORMATION ITEMS: 1. Response to Councilmember Kendrick's request for review of the intersection of Northview and Morganton Road. 2. Copy of letter to NCDOT regarding traffic signal on Ramsey Street at entrance to Kinwood Subdivision. Councilmember Smith requested if the State does not take action on this traffic signal, he would like this item to be returned to Streets and Roads Committee for further consideration. 3. Statement of taxes collected for the month of January, 1996, from the Cumberland County Tax Collector. 1995 Taxes 5,854,360.33 1995 Vehicle Taxes 185,962.80 1995 FVT 22,299.73 1995 Storm Water 498,182.47 1994 Taxes 6,897.31 1994 Vehicle Taxes 12,327.34 1994 FVT 1,530.00 1993 Taxes 5,937.34 1993 Vehicle Taxes 72.99 1993 FVT 25.00 1992 Taxes 6,116.55 1992 FVT 34.13 1991 & Prior Real & Personal Taxes 2,581.09 1991 FVT 22.44 Total Interest 12,282.92 Storm Water Interest 520.66 Total Collections 6,609,153.10 4. Report of tax refunds less than $100. Taxpayer's Name Nature of Clerical Error Amount Carolina Lubes, Inc. Per Audit, overstatement of machinery $4.03 T/A Jiffy Lube and equipment Coon, Adam Illegal Tax: Military non-resident, $73.25 Christopher LES on file TX-no ets. Copeland, Gary B Dr Per Audit, overstatement of machinery $18.73 and equipment Diebold Incorporated Per Audit, overstatement of machinery $9.68 and equipment Freedom Stores Inc. Per Audit, overstatement of machinery $6.33 and equipment Hobgood, Joseph 1983 GMC Truck was tagged on 1/94 & $25.44 Bryan 1/95 See: LR:5726266-05 Hearing Center Inc. Per Audit, overstatement of machinery $18.45 and equipment Checks-R-Cash Per Audit, overstatement of machinery $11.88 T/A Express Check and equipment Cashing Ctrs Wagner, Michael John Illegal Tax: Military non-resident, LES on $60.61 & Wendy J. Magrane file for Michael TX--10/05/95 Carolina Lubes Inc. Per Audit, overstatement of machinery $3.29 T/A Jiffy Lube and equipment Arnold, Tommy Per Audit, overstatement of machinery $3.33 T/A Chick Fil A and equipment Wiener King of Per Audit, overstatement of machinery $44.06 Cumberland Co Inc. and equipment Tire World of Per Audit, overstatement of machinery $96.06 Fayetteville Inc. and equipment Taylor Foods Inc. Per Audit, overstatement of machinery $65.58 T/A Taco Bell #749 and equipment Steffan, Michael Illegal Tax: Military non-resident, LES on $58.94 William file MT--11/9/96 Oliphant, Anthony Illegal Tax: Military non-resident, LES on $75.93 Luis file GA--8/22/95 5. Update on Seat Belt Usage Program. 6. FACVB - minutes of January 11, 1996. 7. Joint Planning Board - minutes of January 2 and January 16, 1996. 4. Reconsideration of the Tower Ordinance Amendments. City Attorney Robert C. Cogswell recommended that a motion be entertained to reconsider the tower ordinance and that another motion also be entertained to continue this item until the next meeting. Councilmember Cheek moved to reconsider the tower ordinance, seconded by Councilmember Ross and carried by a vote of 9 to 0. Councilmember Cheek moved to continue this item until the next meeting, seconded by Councilmember Ross and carried by a vote of 9 to 0. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Ross and carried by a vote of 9 to 0. There being no further business the meeting was adjourned at 10:47 p.m. Attachment A February 15, 1996 MEMORANDUM TO: Roger L. Stancil, Deputy City Manager THROUGH: Jimmy Teal, Assistant City Manager FROM: David Nash, Planner II/Annexation SUBJECT: Amendments to Annexation Report for Area 300 and Area 318 (to Reflect Recommended Deletion of a Small Part of Area 300 and Recommended Deletion of All of Area 318) The Annexation Report for Area 300 and Area 318 was approved by City Council on January 2, 1996. On February 20, 1996, the City Council will consider the adoption of annexation ordinances for Area 300 and Area 318. Regarding Area 300, the City staff is recommending that City Council delete a small part from the area before adopting the ordinance. Regarding Area 318, the City staff is recommending that City Council take no action on Area 318; taking no action will have the effect of deleting all of Area 318 from Phase 2. (The City staff is also recommending that Area 318 be added to Phase 4, since Area 318 is contiguous to other areas recommended for Phase 4.) If the City Council follows the City staff's recommendations outlined above, then on February 20 the Annexation Report will need to be amended in several ways, in order to reflect the City staff's recommendations. If the City staff's recommendations are not followed, then there will be no need to amend the report. The purpose of this memo is to present these amendments to the Annexation Report. The memo presents amendments regarding Area 318 first, followed by amendments regarding Area 300. The memo concludes by presenting amendments regarding the two tables in Appendix A of the report. Amendments Regarding Area 318 If the City Council deletes all of Area 318, then the Annexation Report will need to be amended by deleting all references to Area 318. In practice, this can be achieved by simply disregarding all references to Area 318 in the report. If the City Council does not delete Area 318, then the Annexation Report will not need to be amended regarding Area 318. Amendments Regarding Area 300 The City staff recommends that a small part of Area 300, located along 71st School Road and Reilly Road, be deleted from Area 300. (See Attachments 1 and 2, two maps, for the location of the area recommended for deletion.) The area recommended for deletion is made up of 244.67 acres, 24 housing units, an estimated population of 57, and 59 properties with a 1996 real property assessed value of $8,518,869. If the City Council deletes the small part of Area 300 recommended by City staff, then the Annexation Report will need to be amended in numerous places. If the City Council does not delete the small area, then the Annexation Report will not need to be amended regarding Area 300. In the the discussion which follows, it is assumed that the City Council will delete the small area from Area 300. Section A of Annexation Report Statement Showing That the Area Meets Statutory Standards (Pages 003-004 of report). The statement showing that Area 300 meets the statutory standards will need two amendments, as shown below. Subsection (b) of G.S. 160A-48 (Page 003 of report)- This section of the statement will need to be amended regarding the one-eighth contiguous requirement, as follows: (2) At least one eighth of (12.5 percent) of the area's aggregate external boundaries coincide with the municipal boundary. The aggregate external boundary line of Area 300 is 125,062.22 feet, of which 52,800.10 feet (or 42.22 percent) coincide with the present municipal boundary. Subsection (c) of G.S. 160A-48A (Pages 003-004 of report)- This section of the statement will need to be amended regarding the density requirement of two persons per acre, as follows: It is estimated that Area 300 has a total resident population of 21,306 persons. It is estimated that Area 300 contains 4,356.13 acres. The total population of 21,306 persons divided by 4,356.13 acres gives 4.89 persons per acre. Maps of Area 300 - There are five maps in the report regarding Area 300. Each will need to be amended. Map 300-A - An amended version of this map is attached to this memo as Attachment 1. Boundaries have been revised. Note: The reverse side of Map 300-A (page 006 in the approved report) included a list of major areas within Area 300. If the boundary revisions for Area 300 are approved by City Council, then the list on the reverse side of Map 300-A will be deemed to have been revised accordingly. Map 300-B - An amended version of this map is attached to this memo as Attachment 2. Boundaries have been revised. Map 300-C - An amended version of this land use map will be handed out to City Council members at the meeting on February 20. It will be amended to show revised boundaries. Map 300-D - An amended version of this water service map will be handed out to City Council members at the meeting on February 20. It will be amended to show revised boundaries, petitions received by January 22 requesting water service, and existing and proposed minor water lines. Map 300-E - An amended version of this sanitary service map will be handed out to City Council members at the meeting on February 20. It will be amended to show revised boundaries, petitions received by January 22 requesting sewer service, and existing and proposed minor sewer lines. Section B of Annexation Report Water and Sanitary Sewer Service-(Pages 034-035 of report). This section will need to be amended, in order to reflect and accomodate the requests for water and sewer service received by the 30-day cut-off date. (Assuming an ordinance adoption date of February 20, 1996, the cut-off date was January 22, 1996.) According to a tabulation of petitions prepared by the staff of the PWC Right-of-Way Department on February 15, a total of 208 petitions were received from property owners in Area 300 by the cut-off date of January 22. There are 4 petitions within the area recommended from deletion. Deducting these 4 petitions leaves 204 petitions received from Area 300 by the cut-off date of January 22. Of the 204 petitions, 6 requested water only, 138 requested sewer only, and 60 requested both. Water Service (Page 035 of report)- This section needs to be amended by adding the following additional text to the end of the original text: By January 22, 1996, a total of 66 petitions requesting water service have been received from property owners in Area 300. (6 requested water only, and 60 requested both water and sewer.) Map 300-D has been amended to reflect and accomodate these requests. Sewer Service (Page 035 of report)- This section needs to be amended by adding the following additional text to the end of the original text: By January 22, 1996, a total of 198 petitions requesting sewer service have been received from property owners in Area 300. (138 requested sewer only, and 60 requested both water and sewer.) Map 300-E has been amended to reflect and accomodate these requests. Section C of Annexation Report The boundary revisions recommended for Area 300 will mean that the impact statements for two of the fire districts (Lafayette Village and Lake Rim) will need to be amended. Lafayette Village Impact Statement - Items 5, 6, and 7 on pages 051-052 will need technical amendments. It is assumed that these amendments will be made when the City staff begins negotiations with the Lafayette Village Fire Department. Lake Rim Impact Statement - Items 5, 6, and 7 on pages 061-062 will need technical amendments. It is assumed that these amendments will be made when the City staff begins negotiations with the Lake Rim Fire Department. Appendix B of Annexation Report The legal description for Area 300 will need to be amended, if the City Council approves the area recommended for deletion. A revised legal description is attached to this memo as Attachment 3. Amendments Regarding the Two Tables In Appendix A of the Report There are two tables in Appendix A of the report which will need to be amended if the City Council deletes Area 318 and approves the area recommended for deletion from Area 300. Table 1- In the approved report, Table 1 provided summary data for the two proposed annexation areas. An amended version of Table 1 is attached to this memo as Attachment 4. Table 2- In the approved report, Table 2 provided fire district and subarea data for the two proposed annexation areas. An amended version of Table 2 is attached to this memo as Attachment 5. Conclusion In conclusion, this memo has presented the amendments needed for the Annexation Report for Area 300 and Area 318, assuming that the City Council approves the recommended deletion of a small part of Area 300 and the recommended deletion of all of Area 318. Attachments: 1- Map 300-A Amended Version 2- Map 300-B Amended Version 3- Amended Legal Description for Area 300 4- Table 1 Amended Version 5- Table 2 Amended Version The above Attachments 1 - 5 are on record in the City Clerk's Office in the Annexation Report for Area 300 and Area 318. INFORMATION MEETING FEBRUARY 26, 1996 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER FEBRUARY 26, 1996 7:00 p.m Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, Interim City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Councilmember Jim Smith, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented a proclamation designating the Methodist College Chorus and it's Director Alan M. Porter as cultural and educational ambassadors to our Sister City Saint Avold, France. Mr. Porter was presented the proclamation on behalf of the Methodist College Chorus. Mayor Dawkins gave Mr. Porter a gift to be taken to our Sister City on behalf of the City of Fayetteville. Mr. Porter, Ms. Martha Duell, Jody Owen, and Dwayne Walters addressed the Council and thanked the citizens and the City of Fayetteville for their support. 1. APPROVAL OF AGENDA Councilmember Torrey moved to approve the agenda, seconded by Councilmember Dempster and carried by a vote of 9 to 0. 2. Consideration of approval of minutes of February 5, 1996. Approval was delayed until the March 4, 1996, meeting. 3. Presentation of "Blue Bag" Program by Kim Alanis of VEDCO, Inc. Ms. Kim Alanis of VEDCO, Inc. addressed Council and gave an overview of the voluntary "Blue Bag" recycling program and an update on the Dupont De Nemours EI & Co project. A question and answer period ensued. 4. Reconsideration of revisions and amendments to the City of Fayetteville Code Of Ordinances, Article IV, Section 32-22(17.1) by deleting the first sentence thereof and substituting the following therefor: Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio telephones, radio and television stations and the operation thereof, after obtaining a Special Use Permit to be issued by the City Council upon recommendations from the Planning Board after public hearings as required for amendment to this chapter; and, Section 32-28(60) by deleting the same in its entirety and substituting the following therefore: (60) Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio, telephones, radio and telephone stations and the operation thereof, as permitted by Section 32-22(17.1); and, Section 32-34 by adding the following paragraph to the end of this section: Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio telephones, radio and television stations and the operation thereof, as permitted by Section 32-22(17.1). (P95-113) This is a readdressed item and a continuation from the February 20, 1996, meeting. A discussion was held regarding hidden towers, property values, and Special Use Permits. Councilmember Cheek moved to amend subsection (j) to read "use will not be detrimental to the surrounding neighborhood." Strike all other language, seconded by Councilmember Dempster and carried by a vote of 7 to 2 with Councilmembers Massey and Kendrick in opposition. A lengthy discussion ensued and the following issues were addressed: Special Use Permits in all zones, co-location, spacing of towers, consideration of future technology, working with the industry, protection of citizens and integrity of their neighborhoods, appearance commission's role in approval of a tower and definition of a high-rise building. City Attorney Robert C. Cogswell addressed the Council and stated that based on their discussion the motion would need to include a height limit on an existing structure to be no more than 30 percent of the existing height. Councilmember Smith offered a friendly amendment to the original motion to include Mr. Cogswell's addition, seconded by Councilmember Kendrick. Mayor Pro Tem Blackwell offered a substitute motion to delay action on this ordinance until the revision has been resubmitted to Council at the next meeting, seconded by Councilmember Dempster and carried by a vote of 8 to 1 with Councilmember Smith in opposition. Councilmember Cheek moved to extend the moratorium through Tuesday, March 5th, 1996, to midnight, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 5. Discussion of planning issues. City Manager John Smith presented this item. His presentation covered the following areas: 1. Current Interlocal Agreement 2. Current Organization and Functions 3. Planning Functions Carried out Primarily With City Staff/Consultants 4. City Council and City Staff Concerns and Desires for Planning Services 5. Alternative Structures for Planning A. City/Council Liaison Committee Proposal. B. City/Council Liaison Committee Proposal with Modified Board. C. City Administration of Joint Planning Department. D. Separate Planning Board and Planning Department for the City. E. Separation of Planning and Zoning Functions. 6. Recommendations of Issues to be Addressed A. Accountability of staff. B. Responsiveness of board and staff to governing bodies. C. Sensitivity to and understanding of urban service issues. D. Coordination of planning functions with service delivery. E. Representation. Mr. Smith stated his recommendation is based on three personal biases: 1. It is better to plan in the metro area than in the city area only. 2. Urban planning is more important than rural planning. 3. Land Use planning is more a municipal function than a county function. Mr. Smith stated there is a need for a Joint Planning Board and/or department for the urban area which incorporates the modifications in the City/County Liaison Committee's proposal on accountability and reporting, with representation being based more closely on actual population and the level of impact and administration being provided by the City of Fayetteville. Mayor Pro Tem Blackwell asked that a meeting be set with the City's four representatives on the Planning Board. He wanted the Board members to receive a copy of Mr. Smith's study and recommendations prior to the meeting and asked that they be prepared to answer the following questions: 1. What is working well with the present Planning Board? 2. What is not working well with the present Planning Board? 3. What would you like to see changed as a Planning Board member if you remain on the Board? 4. Do you have any additional recommendations you would like to share with the Council either on Mr. Smith's report or for us to stay as we are? Mayor Pro Tem Blackwell asked Mr. Smith to give more information on how he would accomplish this with a joint influence. Mr. Smith stated there were issues that needed to be looked at: (1) Does an urban board need rural representation or maybe there should be two separate entities; (2) appointees by the county should be required to come out of urban areas versus rural areas; (3) the budget issue; (4) function and size of the planning staff; and (5) re-engineering of planning staff could bring the cost of joint operations down but could increase the City's share of expenses. Councilmember McBryde moved to meet with the city appointees of the Planning Board at the next information meeting in order that Council could be prepared to come up with a plan, seconded by Councilmember Smith. A discussion ensued regarding the time, date, and place of the meeting with the City Appointees. Mayor Pro Tem Blackwell offered a substitute motion that a meeting be held with the City Appointees in a dinner meeting at 5:30 p.m. on either the 5th, 6th, or 7th of March, seconded by Councilmember Massey. After further discussion, Mayor Pro Tem Blackwell withdrew his substitute motion. Mayor Dawkins called for a vote on the original motion to hold the meeting at the next information meeting. The vote carried unanimously by a margin of 9 to 0. This will be the only item on the agenda of the meeting set for the 25th of March. 6. Consideration of settlement of condemnation. City Attorney Robert C. Cogswell, Jr. called for a motion to go into closed session to discuss litigation, City of Fayetteville vs. Eli J. Monsour and wife and Margaret Hughes. Councilmember McBryde moved to go into a closed session for discussion of a litigation settlement, seconded by Councilmember Smith and carried by a vote of 9 to 0. The regular session resumed at 10:39 p.m. Mayor Dawkins announced that Councilmember Ross had asked to be excused. Councilmember Cheek moved to excuse Councilmember Ross, seconded by Councilmember Dempster and carried by a vote of 8 to 0. Mr. Cogswell made a recommendation that the condemnation litigation of Monsour and Hughes be settled for $132,500. Councilmember Smith moved to accept the recommendation, seconded by Mayor Pro Tem Blackwell and carried by a vote of 8 to 0 with Councilmember Ross excused. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously 8 to 0. The meeting adjourned at 10:45 p.m. REGULAR MEETING MARCH 4, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 4, 1996 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, Interim City Clerk Jason Brady, Public Information Officer George Vaughan, Planning Board Mike Walker, City Engineer Brad Whited, Airport Director Craig Hampton, Administrative Services Director Frank Simpson, Inspections Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Dr. Cureton Johnson, Pastor of the First Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented Ms. Gin Horne, Vice President of The Arc of Cumberland County, Inc. with a proclamation declaring March 1996 as Mental Retardation Awareness Month. Ms. Horne invited everyone to the Spring Special Olympics at Methodist College on April 16th and April 17th, 1996. Mayor Dawkins expressed his personal condolences and the condolences of the city and staff to the family of County Commissioner John Keefe. 1. APPROVAL OF AGENDA City Attorney Robert C. Cogswell, Jr. requested that item 2.F. be deleted from the agenda due to an incorrect property description. Mr. Cogswell also stated that item H. was a request from Police Officer T. P. Riley for representation in the case Anthony Baldwin vs. T. P. Riley and the City of Fayetteville. His recommendation was to authorize representation by the City Attorney's office and Mr. Bobby Deaver at a rate of $150 per hour. Mr. Cogswell stated Mr. Riley was acting within the course and scope of his employment at the time of the incident. Councilmember Cheek moved to approve the agenda with the deletion of item 2.F. and the addition to item H., seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. Councilmember Smith inquired about adding a personnel item to the agenda. Councilmember Torrey moved to add this request to item 17 by adding A. and B., seconded by Councilmember McBryde. The motion and second were withdrawn by Councilmember McBryde and Councilmember Smith. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Kendrick requested to pull item 2.D.1., Councilmember Smith requested to pull items 2.B. and 2.I. Mayor Pro Tem Blackwell moved to adopt the consent agenda with item 2.F. being deleted and items 2.B., 2.D.1., 2.I. pulled for discussion, seconded by Councilmember Dempster and carried unanimously 9 to 0. A. Approve minutes of regular meeting of February 5, 1996. B. (Pulled for discussion) C. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, Section 20-21, Traffic Schedule No. 11, Parking Prohibited, on Executive Place for school bus entrance of Hillcrest Junior High School. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-004. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1996. D. Adopt resolutions pursuant to N.C.G.S. 160A-31 fixing dates of public hearing for two petition-initiated contiguous annexations areas. 1. (Pulled for discussion) 2. Howard Property - located on eastern side of Ramsey Street, adjacent to (south of) Ambassador Animal Hospital. (Recommended public hearing date is March 18, 1996) 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 (HOWARD PROPERTY. LOCATED ON EASTERN SIDE OF RAMSEY STREET - ADJACENT TO (SOUTH OF) AMBASSADOR ANIMAL HOSPITAL.) RESOLUTION NO. R1996-010. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. E. Set public hearing for March 18, 1996, to consider speed limit reduction on the following: 1. Westmont Drive from Bragg Boulevard to Belvedere Avenue. 2. Briarcliff Drive from Westmont Drive to Its End. 3. Bordeaux Subdivision: Fargo Drive from Village Drive to Cumberland Road; Nato Drive from Owen Drive to Its End; Sandhill Drive from Boone Trail to Fargo Drive; Phillies Circle from Nato Road to Owen Drive; Little Beaver Drive from Nato Road to Fargo Drive. F. "Authorize advertisement for upset bid for the sale of a tract of land located on the east side of Alfred Street to Friendship Baptist Church." This item was removed from the agenda per the request of the City Attorney. The removal was due to an inaccurate property description. G. Set public hearing for March 18, 1996, to consider an application by Joseph W. Baggett for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Section 32-31.1, to allow a micro-brewery (the processing of beer) in a C2S Central Business District for an area located at 405 Hay Street and being the property of Wagon Yard Properties as evidenced by deed recorded in Deed Book 3328, Page 886, Cumberland County Registry. (P96-15) H. Approve request for legal representation. Mr. Bobby Deaver was appointed as counsel at a rate of $150 per hour to represent Police Officer T. P. Riley. The city attorney's office will also be representing the defendant in this case. I. (Pulled for discussion) 2.B. Approve minutes of regular meeting of February 20, 1996. Mayor Pro Tem Blackwell moved to change page 88, item 6.B.1. to reflect the name of the person making the motion from Councilmember Massey to Councilmember McBryde, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 2.D.1 Crystal Lake (Proposed condominium area) - located on southern side of McArthur Road, north of Country Club North neighborhood. (Recommended public hearing date is April 1, 1996) 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 - INITIATE CONTIGUOUS ANNEXATION AREA (CRYSTAL LAKE (PROPOSED CONDOMINIUM PROJECT). LOCATED ON SOUTHERN SIDE OF MCARTHUR ROAD, NORTH OF COUNTRY CLUB NORTH NEIGHBORHOOD.) RESOLUTION NO. R1996-011. Councilmember Kendrick inquired as to the size and current status of this property. Councilmember Kendrick moved to set the public hearing, seconded by Councilmember Smith and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. 2.I. Adopt resolution declaring various court-awarded and City-owned weapons as surplus and approving disposal via exchange method. Councilmembers Smith and Dempster inquired about the procedures used in the disposal and purchase of weapons. 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 & 160A-271. RESOLUTION NO. R1996-012. Councilmember Kendrick moved to adopt the resolution, seconded by Mayor Pro Tem Blackwell and carried by a vote of 8 to 1 with Councilmember Smith in opposition. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. 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 following: 1. Coldwater Drive from Carriage Road to Pasture Lane Pasture Lane from LA Dunham Road to Windmill Road Windmill Road from Coldwater Drive to its end. 2. North Churchill Drive from Fort Bragg Road to Morganton Road. 3. Southland Drive from Arbor Road to Stacey Weaver Drive, Linton Hall Road from Southland Drive to its end. Assistant City Manager Jimmy Teal presented this item and stated there had been a problem with the date as printed in the agenda setting the public hearing. Mr. Teal recommended the public hearing be open tonight and then continued until the March 18, 1996, meeting. The public hearing opened at 7:30 p.m. Councilmember McBryde moved to continue the public hearing until March 18, 1996, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. 4. Reconsideration of revisions and amendments to the City of Fayetteville Code Of Ordinances, Article IV, Section 32-22(17.1) by deleting the first sentence thereof and substituting the following therefor: Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio telephones, radio and television stations and the operation thereof, after obtaining a Special Use Permit to be issued by the City Council upon recommendations from the Planning Board after public hearings as required for amendment to this chapter; and, Section 32-28(60) by deleting the same in its entirety and substituting the following therefor: (60) Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio, telephones, radio and telephone stations and the operation thereof, as permitted by Section 32-22(17.1); and, Section 32-34 by adding the following paragraph to the end of this section: Telecommunication towers including but not limited to relay stations, for commercial operations such as cable television, radio telephones, radio and television stations and the operation thereof, as permitted by Section 32-22(17.1). (P95-113) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING VARIOUS SECTIONS OF CHAPTER 32, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-001. Councilmember McBryde moved to adopt the ordinance as presented with subsection (t), page 5, being deleted in its entirety and the paragraph submitted by Mr. Stacey Weaver being substituted for subsection (t), page 5, seconded by Councilmember Ross. A question and answer period ensued. City Attorney Robert C. Cogswell, Jr. suggested that the words "for hardship" be deleted from subsection (k), page 3, and that the words "structure" be added to subsection (t), page 5. The following substitution was made to subsection (t), page 5: The following shall be exempt from the provisions of this section: Telecommunication facilities are allowed with Inspection Department approval on existing towers and on other existing buildings or structures whose height exceeds fifty (50) feet; provided that on such other existing buildings or structures the telecommunication facility may not extend above twenty percent (20%) of the height of the existing buildings or structure. The vote on the original motion with the amendment to subsection (k), page 3, carried unanimously be a margin of 9 to 0. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book S1996. 5. Consideration of award of contract to purchase two street sweepers and approve waiver of performance bond in the amount of $209,032.00. Councilmember Kendrick moved to award the contract and to approve a waiver of the performance bond, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. 6. Consideration of adoption of resolution declaring foam/dry chemical skid unit as surplus and authorizing disposal via conveyance to Dare County Airport. A RESOLUTION DECLARING CITY OWNED ITEMS SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THE DISPOSAL BY CONVEYANCE AS ALLOWED BY N.C.G.S. 160A-274 AND CFR 18.32. RESOLUTION NO. R1996-013. Mayor Pro Tem Blackwell moved to adopt the resolution, seconded by Councilmember Kendrick and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. 7. Consideration of award of contract for purchase of one 52,000 lb GVW cab and chassis with 12 cubic yard dump body to Patrick Ford, low bidder meeting specifications in the amount of $52,073.00. (PWC) Councilmember McBryde moved to award the contract, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. Bids received were as follows: Capital Ford (Raleigh, NC) (does not meet specs) $51,087.00 Patrick Ford (Fayetteville, NC) $52,073.00 Smith International (Fayetteville, NC) $52,800.00 8. Consideration of award of contract for purchase of two cab and chassis with dump bodies to Smith International, low bidder meeting specifications in the amount of $82,860.00. (PWC) Councilmember McBryde moved to award the contract, seconded by Councilmember Dempster and approved by a unanimous vote of 9 to 0. Bids received were as follows: Patrick Ford (Fayetteville, NC) (does not meet specs) $82,112.00 Smith International (Fayetteville, NC) $82,860.00 LaFayette Ford (Fayetteville, NC) $83,368.00 Capital Ford (Raleigh, NC) $83,098.00 9. Consideration of acceptance of Delaware Drive for City maintenance. (Requesting to speak: Neil Yarborough) Mr. Jimmy Teal, Assistant City Manager, presented this item. Mr. Teal stated the acceptance included Delaware Drive, Roanoke Road and Potomac Road. He recommended a 30 foot wide right-of-way from back of curb to back of curb with a 3 foot easement strip on each side of the road. Councilmember Kendrick moved to accept these streets, seconded by Councilmember McBryde. City Attorney Robert C. Cogswell, Jr. requested that the approval be made subject to all requirements for release of any liens, deeds of trust, or appropriate documents be executed before final approval. The motion carried by a vote of 9 to 0. 10. Consideration of request from Joint Planning Board to establish priorities for Neighborhood Planning Studies. This item was presented by Assistant City Manager Jimmy Teal. Mr. Teal informed Council that no action was required. He presented the following areas for Council to consider as priorities for Neighborhood Studies: 1. Murchison Road and it environs 2. Massey Hill 3. East Fayetteville 4. North Street Area 5. Savoy Heights Area 6. Eccles Park Area 7. Deep Creek Road Area 8. Old Wilmington Road Area 9. Turnpike Road Area 10. Cape Fear Valley Hospital Area 11. Fayetteville Technical Community College Area 12. Bragg Blvd/Sycamore Dairy Road/McPherson Church Area 13. Fayetteville State University Area 14. Outer Loop Connection at Ramsey Street 15. Glensford Road Area (Includes area between Morganton & Cliffdale) 16. Hubbard Farm Area on Morganton Road 17. Purdue Drive/Village Drive Area (Mayor Pro Tem Blackwell's request) A discussion was held with a consensus from Council they would like for the staff to present a model for the neighborhood meetings, procedures to be followed for public notification of citizens, and maps clarifying each area which has been proposed for study. Councilmembers Ross and Massey requested that North Street be included in the study. 11. Consideration of the following Morganton Road sidewalk issues: A. Consideration of approval of plans for project. B. Consideration of request to N.C. DOT for sidewalk program participation. Assistant City Manager Jimmy Teal presented the following three phases of construction for the sidewalks on Morganton Road: Phase From To I McPherson Church Road Ellerslie Drive II a. W. Dobbin Avenue Sutton Street b. Bethune Street Churchill Drive III Churchill Drive Ellerslie Drive Mr. Teal proposed constructing a six foot (6') wide concrete sidewalk with the horizontal location being immediately behind the back of the existing north side concrete curb and gutter. This would require some additional right of way to be acquired on portions of Morganton Road while other sections of Morganton Road already have sufficient right-of-way. Councilmember McBryde moved to approve the plans and the request to the North Carolina Department of Transportation, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 12. Consideration of request from Councilmember Kendrick for on-street parking on Fountainhead Lane. Councilmember Smith moved to refer this item to the Streets and Roads Committee, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 13. Consideration of request from Councilmember Kendrick regarding the rules of procedure for City Council committees. Councilmember Kendrick moved to send Policy No. 115.1 to the Policy Committee, seconded by Councilmember Torrey and carried by a vote of 7 to 2 with Councilmembers Massey and Cheek in opposition. Councilmember McBryde, Chairman of the Policy Committee, stated the committee would review the different committees and see if they are adhering to the policy. 14. Consideration of request from Councilmember Cheek regarding extension of assessment payment schedule. Councilmember Cheek moved to request the City to investigate ways to extend assessment repayment beyond the statutory requirement of ten years, what procedures would be required, what would be in the best interest of the City financially, seconded by Councilmember Smith. Mayor Pro Tem Blackwell stated that on March 28, 1996, there was going to be a meeting with a local governmental commission and this may be a pertinent time to bring this concern before our legislatures. The motion carried by a vote of 9 to 0. Mayor Pro Tem Blackwell moved to reconsider item 13., seconded by Councilmember Dempster and carried by a vote of 8 to 1 with Councilmember Torrey in opposition. Mayor Pro Tem Blackwell and Councilmember Dempster requested clarification on the reason for referring policy no. 115.1, City Council Committee Assignment, to the Policy Committee. Councilmember Kendrick stated his intent was to have a review made of how the committees have been charged and the areas of each committee's responsibilities. Councilmember McBryde, Chairman of the Policy Committee, stated the Committee would look at the entire situation and come back with findings and recommendations for the Council. Councilmember Kendrick moved to send this back to the Policy Committee for review, seconded by Councilmember Torrey. Councilmember Cheek requested clarification of the motion. Councilmember Kendrick restated his motion and requested that the Policy Committee look at the functions of the Council-appointed committees per policy no. 115.1, seconded by Councilmember Torrey and carried unanimously by a vote of 9 to 0. 15. APPOINTMENTS: A. Nominations to fill seven vacancies on Human Relations Commission. City Attorney Robert C. Cogswell, Jr. stated the request made by Chairman Brayboy that one of the appointees be for a one-year term would require an ordinance amendment. Mayor Pro Tem Blackwell nominated the following for a second two-year term: 1. Dr. Hubert Doub 2. Ander J. Dunham, Jr. 3. Beulah Mae Harris 4. Sandy Switzer Councilmember Smith nominated for a first two-year term: 5. Ming Courtney Councilmember Massey nominated for a first year term: 6. Janice Smith. This appointment would require the resignation of Ms. Smith from the Historic Resources Commission. 16. ADMINISTRATIVE REPORTS: A. Discussion of process for setting of public hearings. City Manager John Smith presented this item. He stated it has always been the practice of City Council to set public hearings by action of Council. Council has expressed concern over the length of time it takes for citizens to go through some of these processes. One way to shorten the process would be to remove one Council meeting from the process and simply have staff set hearing dates on those matters which do not require formal resolutions. This change in practice would not require a formal written policy, since there is no written policy currently, and different types of hearings have different statutory requirements. Councilmember Cheek moved to refer this item to the Policy Committee, seconded by Councilmember Massey and carried unanimously by a vote of 9 to 0. 17. Consideration of condemnation settlement. City Attorney Robert C. Cogswell, Jr. requested that Council go into closed session to discuss condemnation case no. 95CVS2679, City of Fayetteville vs. Eli Joseph Monsour and wife, Etc. Mayor Pro Tem Blackwell moved to go into closed session to discuss litigation file 95CVS2679, seconded by Councilmember Smith and carried unanimously 9 to 0. The Council went into closed session. The regular meeting resumed at 9:23 p.m. City Attorney Robert C. Cogswell, Jr. recommended that this matter be settled for $300,000. Councilmember Massey moved to approve Mr. Cogswell's recommendation, seconded by Councilmember Ross and carried by a vote of 6 to 3 with Councilmembers Dempster, Blackwell, and Smith in opposition. INFORMATION ITEMS: 1. Memo regarding traffic signal at Levy and Robeson Street. 2. Response from N.C. DOT on request for traffic signal on US 401 at Kinwood Subdivision. 3. Copy of Planning and Development Quarterly Report. 4. Police - Professional Standards monthly report for January, 1996. 5. PWC - minutes of February 14, 1996. 6. Airport Commission - minutes of January 30, 1996. 7. Recreation and Parks Advisory Commission - minutes of January 22, 1996. 8. Appearance Commission - minutes of January 23, 1996. 9. Planning Board - minutes of January 30, and February 6, 1996. 10. Historic Resources Commission - minutes of January 23, 1996. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. The meeting adjourned at 9:25 p.m. REGULAR MEETING MARCH 18, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MARCH 18, 1996 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Mark Kendrick (District 6) Absent: Suzan Cheek (District 5); Roger Stancil, Deputy City Manager (arrived at 7:44 p.m.) Others Present: John P. Smith, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, Interim City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Robert Barefoot, Recreation/Community Facilities Mike Walker, City Engineer David Nash, Annexation Coordinator George Vaughan, Planning Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Elder L. D. Melvin, Pastor of Pleasant Grove Disciple Church, 208 North Racepath Street, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins and Councilmember Ross presented Ms. Juanita McNair with a Certificate of Appreciation for preparing an emergency meal for the homeless on January 21, 1996. Mayor Pro Tem Blackwell moved to excuse Councilmember Cheek, seconded by Councilmember McBryde and carried unanimously 8 to 0. 1. APPROVAL OF AGENDA Councilmember McBryde moved to approve the agenda, seconded by Councilmember Kendrick and carried by a vote of 8 to 0. 2. CONSENT: City Manager John Smith asked to pull item 2.K. for discussion. Mayor Pro Tem Blackwell moved to approve the consent agenda with the exception of item 2.K., seconded by Councilmember Dempster and carried unanimously 8 to 0. The following items were approved: A. Approve minutes of information meeting of February 26, 1996. B. Approve minutes of regular meeting of March 4, 1996. C. Set public hearing for April 15, 1996, to consider paving assessment on soil streets on bond projects list. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION. RESOLUTION NO. R1996-014. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. D. Approve the rezoning from P2 Professional District to R5 Residential District or to a more restrictive zoning classification for an area located on the east side of Westlake Road, north of Morganton Road and being a portion of Tract "B" the property of Harris Farm Joint Venture, entitled "Westlake Office Park" as recorded in Plat Book 86, Page 20, Cumberland County Registry and evidenced by a map and legal description on file with the Planning Department. (P96-14) E. Adopt resolution authorizing condemnation of Harbor Road right-of-way, Parcel W-1. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1996-015. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. F. Adopt resolution authorizing condemnation of Harbor Road right-of-way, Parcel W-9. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1996-016. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. G. Adopt resolution authorizing sale of property located at Northwest corner of Hay and Hillsboro Streets. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1996-017. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. H. Authorize advertisement for upset bid for the sale of a tract of land located on the east side of Alfred Street to Friendship Baptist Church. I. Approve award of bid for purchase of ITRON System Upgrade to HESCO, Inc., (Smithfield, NC) low bidder in the amount of $50,447.40. (PWC) Bids received were as follows: HESCO, Inc. (Smithfield, NC) $50,447.40 Network Computing Corporation (Charlotte, NC) $66,016.00 SWI (Tampa, FL) $68,933.80 J. Approve award of bid for purchase of two (2) backhoe loaders with side shift and extended dipper to North Carolina Equipment (Fayetteville, NC), low bidder in the amount of $88,876.00. (PWC) Bids received were as follows: North Carolina Equipment (Fayetteville, NC) $88,876.00 R.W. Moore (Raleigh, NC) $105,740.00 K. (Pulled for discussion) L. Set public hearing for April 1, 1996, to consider changes to Section 27-2, Review and Approval of Plats and Group Developments, of the Fayetteville City Code. K. Approve award of bid for purchase of two (2) backhoe loaders with four wheel drive axles to North Carolina Equipment (Fayetteville, NC), low bidder in the amount of $88,876.00. (PWC) Bids received were as follows: North Carolina Equipment (Fayetteville, NC) $88,876.00 Vause Equipment (Fayetteville, NC) $89,649.60 R.W. Moore (Raleigh, NC) $99,980.00 Approve award of lowest bid to the City for one backhoe with an enclosed cab and multipurpose bucket from North Carolina Equipment (Fayetteville, NC) in the amount of $50,438. Bids received were as follows: North Carolina Equipment (Fayetteville, NC) $50,438.00 3. PUBLIC HEARINGS: Mayor Dawkins reminded the upcoming speakers of time limits for public hearing and non-public hearing speakers. A. Consideration of adoption of ordinances amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following: (Public Hearing continued from March 4, 1996) 1. Coldwater Drive from Carriage Road to Pasture LanePasture Lane from LA Dunham Road to Windmill Road Windmill Road from Coldwater Drive to its end. 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 7:10 p.m. Ms. Shirley Saunders, 1125 Windmill Road, Fayetteville, North Carolina, appeared in favor of the speed limit reduction. There was no one else present to speak either in favor or opposition to this item. The public hearing closed at 7:12 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-005. Mayor Pro Tem Blackwell moved to adopt the ordinance, seconded by Councilmember Ross and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1996. 2. North Churchill Drive from Fort Bragg Road to Morganton Road. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-006. 3. Southland Drive from Arbor Road to Stacey Weaver Drive Linton Hall Road from Southland Drive to its end. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-007. These are the advertised public hearings set for this date and time. There was no one present to speak either in favor or against these items. The public hearings opened and closed at 7:14 p.m. Mayor Pro Tem Blackwell moved to adopt the ordinances for item 3.A.2. and 3.A.3., seconded by Councilmember Massey and carried unanimously 8 to 0 with Councilmember Cheek excused. Copies of the foregoing ordinances are on file in the clerk's office in Ordinance Book NS1996. B. Consideration of adoption of ordinances amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following: 1. Westmont Drive from Bragg Boulevard to Belvedere Avenue. 2. Briarcliff Drive from Westmont Drive to Its End. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-008. 3. Bordeaux Subdivision: Fargo Drive from Village Drive to Cumberland Road; Nato Drive from Owen Drive to Its End; Sandhill Drive from Boone Trail to Fargo Drive; Phillies Circle from Nato Road to Owen Drive; Little Beaver Drive from Nato Road to Fargo Drive. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-009. This is the advertised public hearing for this date and time. No one was present to speak either in favor or against either of these items. The public hearings opened and closed at 7:17 p.m. Councilmember Kendrick moved to adopt the ordinances, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Cheek excused. Copies of the foregoing ordinances are on file in the clerk's office in Ordinance Book NS1996. C. Consideration of an application by Joseph W. Baggett for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Section 32-31.1, to allow a micro-brewery (the processing of beer) in a C2S Central Business District for an area located at 405 Hay Street and being the property of Wagon Yard Properties as evidenced by deed recorded in Deed Book 3328, Page 886, Cumberland County Registry. (P96-15) This item was presented by Mr. George Vaughan, Planning Director. He stated the Planning Board recommended approval with the conditions as set out in the agenda. This is the advertised public hearing set for this date and time. The public hearing opened at 7:21 p.m. Dr. Joseph W. Baggett, 315 Valley Road, Fayetteville, North Carolina, and Ms. Robin K. Legg, Olde Fayetteville Association, appeared in favor of the Special Use Permit. There was no one present to speak in opposition. The public hearing closed at 7:25 p.m. Councilmember Smith moved to approve the Special Use Permit with the following conditions: 1. a. The proposed activity is free of objectionable characteristics such as noise, smoke and fumes; b. Provisions are made to retail on premises some of the product produced; c. Pedestrian and vehicular traffic will not be obstructed by loading and unloading activities; d. The proposed use complies with the applicable fire code. 2. That the plan be approved by the Fayetteville Historic Resources Commission based on the site being located in the Fayetteville Downtown Historic District; and 3. That the request would enhance the revitalization of downtown Fayetteville. The motion was seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Cheek absent. D. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville, N.C., (Petition-Initiated Contiguous Annexation) - Howard Property - located along eastern side of Ramsey Street, adjacent to (south of) Ambassador Animal Hospital. City Manager John Smith presented this item. This is the advertised public hearing for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 7:27 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. (HOWARD PROPERTY. LOCATED ON EASTERN SIDE OF RAMSEY STREEET - ADJACENT TO (SOUTH OF) AMBASSADOR ANIMAL HOSPITAL.) ANNEXATION ORDINANCE NO. 96-03-410. Mayor Pro Tem Blackwell moved to adopt the ordinance, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Cheek absent. A copy of the foregoing annexation ordinance can be found in the clerk's office in Annexation Book 1996. 4. Presentation and discussion of redistricting options. Mr. Jerry Wilson made a presentation of the options which are available for redistricting. The current plan will change due to the impact of the recent Phase II annexation. Mr. Wilson stated in his opinion the multi-member district approach would probably be the best solution for a plan which would be approved by the Justice Department. Another option would be to have eight to nine single districts, but this method would require changes with each annexation. Councilmember McBryde moved to request the State Legislature to add multi-member districts to the City's Charter as an alternative redistricting method. Currently the City is not authorized to use this type of option. A discussion ensued regarding the different methods presented, the impact on minority voter representation, the effect of recent court decisions, and the process required to submit a non-retrogressive redistricting plan. Mayor Pro Tem Blackwell asked Mr. Wilson to submit a written report listing both, the advantages and disadvantages of each option. City Attorney Robert C. Cogswell, Jr. responded to Councilmember Kendrick's inquiry about the time frame involved for a submission to the Justice Department. He informed Council the submission would need to be completed by the fall of 1996. Councilmember McBryde restated his motion, seconded by Councilmember Dempster and carried by a vote of 6 to 2 with Councilmembers Massey and Ross in opposition and Councilmember Cheek excused. 5. Consideration of revision to contract between City of Fayetteville and Ralph Whitehead for the Central Business District rail project. Assistant City Manager Jimmy Teal presented this item. He stated that at the last meeting with CSX and Norfolk Southern Railroads another alternative was discussed which could potentially eliminate the need for CSX to use the downtown tracks when they are headed for Fort Bragg. Mr. Teal recommended that authorization be given to the City Manager to execute the supplemental agreement for $14,800 as proposed by Ralph Whitehead and Associates. This would bring the total contract from a figure not to exceed $370,000 to a total contract of $380,330. Councilmember Kendrick moved to authorize the City Manager to negotiate and execute the contract, seconded by Councilmember Ross and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. 6. Consideration of approval of Spring 1996 street resurfacing list. Councilmember McBryde moved to refer the resurfacing list to the Streets, Roads and Sidewalks Committee, seconded by Councilmember Dempster and carried by a vote of 8 to 0 with Councilmember Cheek excused. 7. Consideration of adoption of resolution transferring street maintenance responsibility for Annexation Area 300 streets from N.C. DOT to City of Fayetteville. (Effective Date: June 30, 1996.) CITY OF FAYETTEVILLE, NORTH CAROLINA, RESOLUTION AUTHORIZING THE ACCEPTANCE OF STREETS. RESOLUTION NO. R 1996-018. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember Ross and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. 8. Consideration of the following Transit matters: 1. Adoption of Budget Ordinance Amendment 96-11. (Appropriation for expansion routes) The North Carolina Department of Transportation provided the City $115,171 in state operating assistance funds in fiscal year 1994. The funds were not spent that fiscal year and lapsed to General Fund fund balance. A route expansion plan for Transit was presented to City Council in November 1995. The estimated implementation costs for the routes through the end of fiscal year 1996 is estimated at $78,052. The balance ($37,119) of the state operating assistance funds for fiscal year 1994 will be used to acquire various capital items. 2. Adoption of Capital Project Ordinance 96-4. (Appropriation for State Maintenance Assistance) The North Carolina Department of Transportation has earmarked $248,440 in state operating assistance funds for the City in fiscal year 1995. This ordinance appropriates the funds for the purchase of various capital items. Mayor Pro Tem Blackwell moved to adopt both ordinances, seconded by Councilmember Smith and carried unanimously 8 to 0 with Councilmember Cheek excused. Copies of the foregoing ordinances are on file in the Finance Department. 9. Consideration of approval of special appropriation to the Recreation and Community Facilities Department for activities related to the National Forensics League Convention to be held in Fayetteville in June, 1996. Deputy City Manager Roger Stancil presented this item. He requested that a $10,000 appropriation be made for a party to be hosted by the City for 3,000 to 6,000 teenagers participating in the National Forensics League Convention to be held on Wednesday June 26, 1996, in Rowan Park. Councilmember Ross moved to approve the appropriation, seconded by Councilmember McBryde and carried by a vote of 8 to 0 with Councilmember Cheek excused. 10. APPOINTMENTS: A. Nominations and elections to fill seven vacancies on Human Relations Commission. The following appointments were made to the Human Relations Commission: 1. Reappointment to a second two-year term, which expires March 1998: Dr. Hubert Doub; Mr. Ander J. Dunham; Jr. Ms. Beulah Mae Harris; Ms. Sandy Sweitzer. 2. Appointment to first two-year term, which expires March 1998: Ms. Minh Courtney; Ms. Maria V. Constas; Ms. Janice Smith. 11. ADMINISTRATIVE REPORTS: A. Report on installation of traffic signal at entrance to Kinwood Subdivision on Ramsey Street. Councilmember Smith moved to set the cost of this traffic light as a budget item in the 1996-97 budget if the Department of Transportation has not installed the stop light by July 1, 1996, seconded by Councilmember McBryde. A discussion ensued with Mayor Pro Tem Blackwell expressing his concern about setting a precedent for using general funds for traffic light requests and the message the City of Fayetteville may be sending to the Department of Transportation. City Manager John Smith stated each intersection would have to meet the required warrants for a traffic light as required by the Department of Transportation before being considered for funding by the City. The traffic light at the Kinwood entrance does meet the warrant requirements of the Department of Transportation. After further discussion, Mayor Dawkins called for the vote which carried 7 to 1 with Mayor Pro Tem Blackwell in opposition and Councilmember Cheek absent. INFORMATION ITEMS: 1. Response to Council request for information regarding the issuance of building permits for the Crystal Lake condominium project. 2. Information on Smoking Policy for City buildings. 3. Information on NCLM Regional Meeting, April 18, 1996. 4. Memo from Cumberland County Tax Collector regarding 1996-1997 Municipality Tax Rate. 5. Statement of taxes collected for the month of February, 1996, from the Cumberland County Tax Collector. 1995 Taxes 475,487.36 1995 Vehicle Taxes 131,184.59 1995 FVT 16,065.15 1995 Storm Water 46,593.90 1994 Taxes 7,183.23 1994 Vehicle Taxes 11,901.16 1994 FVT 1,640.00 1993 Taxes 2,854.41 1993 Vehicle Taxes 297.62 1993 FVT 80.85 1992 Taxes 1,616.64 1992 FVT 12.20 1991 & Prior Real & Personal Taxes 737.91 1991 FVT 15.00 Total Interest 17,129.12 Storm Water Interest 1,250.65 Total Collections 714,049.79 6. Meeting notice and agenda for Cumberland County Governmental Association. 7. Information on upcoming APPA Policymakers Workshop. 8. Police Department - Professional Standards monthly report for February, 1996. 9. FACVB - minutes of February 8, 1996. 10. Board of Adjustment - minutes of January 17, 1996. 11. PWC - minutes of February 28, 1996. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried by a unanimous vote of 8 to 0. There being no further business the meeting was adjourned at 9:10 p.m. INFORMATION MEETING MARCH 25, 1996 FAYETTEVILLE CITY COUNCIL COUNCIL CHAMBER CITY HALL INFORMATION MEETING MARCH 25, 1996 7:00 p.m. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Jim Smith (District 1) - arrived at 7:07 p.m. Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, Interim City Clerk Jason Brady, Public Information Officer David Nash, Annexation Studies Coordinator Karl Legatski, Planning Board Victoria Dickson, Planning Board Jonathan Charleston, Planning Board Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Mayor Pro Tem Blackwell, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Councilmember Kendrick moved to excuse Councilmember Smith until he arrived, seconded by Councilmember McBryde and carried by a vote of 8 to 0. 1. APPROVAL OF AGENDA Councilmember Cheek moved to approve the agenda, seconded by Councilmember Ross and carried unanimously by a vote of 8 to 0 with Councilmember Smith excused. 2. Consideration of adoption of resolution in support of the "A Complete Fayetteville Once And For All" master planning process. City Manager John Smith presented this item and recommended the adoption of the resolution. RESOLUTION OF ENDORSEMENT. RESOLUTION NO. R1996-019. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember Massey and carried by a vote of 8 to 0 with Councilmember Smith excused. Councilmember Smith arrived at 7:07 p.m. 3. Discussion of planning issues. Mayor Dawkins introduced the City Appointee to the Joint Planning Board, Mr. Karl Legatski, Ms. Victoria Dickson, and Mr. Jonathan Charleston. Mr. Karl Legatski addressed the Council and stated the comments that he would be making would not be about individuals but about an institution that does not function properly. He also clarified the Planning staff as paid employees and the Planning Board as appointed citizens. Mr. Legatski stated in his opinion the Planning staff functions satisfactorily, but the Board is functioning unsatisfactorily. In response to Mayor Pro Tem Blackwell's questions to the Planning Board set out in the February 26, 1996, City Council Minutes, Mr. Legatski made the following presentation: 1. WHAT IS WORKING WELL. A. Planning staff is performing satisfactorily. B. The Board is not working well. C. There is no agreed upon work plan. D. There is a shortage of communication between the Board and City Councilmembers. E. The City Council's expectations are unknown to the Board members. F. There is no consensus as to what planning is all about. G. There is no clear definition as to whether the Board members represent the City's point-of-view as ambassadors or do they act from a personal basis. 2. WHAT CHANGES ARE NEEDED A. He agreed with City Manager John Smith's recommendations. B. He agreed with the management team approach in theory. C. He agreed we need a metropolitan board. D. The representation issue is negotiable, but he felt Spring Lake, Hope Mills, and rural areas should be included. E. There should be a split-off of zoning. F. There is a need for definition as to the appointed board role as opposed to the organizational function of staff. G. Coordination is needed from City staff on a regular basis. The following is a verbatim statement of Councilmember Massey's perimeters for this meeting: "Thank you for your time and effort. I requested a meeting be set to address the issues. My primary concern as we make these assessments in terms of what is working, what is not working and what we are doing possibly to fix it that we focus around the idea. One of the reasons I wanted to meet with you was to begin to raise the question, if it's broke can it be fixed? Do we have to start building the wheel all over again if it's working properly? My primary concern is the expenditure of taxpayers' dollars rebuilding what already exists. It may not be working as I have looked at a variety of things here and heard input from a variety of people. There are a lot of things that are not working well because we are talking about a system that is antiquated and was set up years and years ago. As time and needs changed, it didn't change. So, we might need seriously to take a long hard look at what kind of things do we need to do in order to revitalize effective planning in this community. Do we need to pull away and begin to plan within a vacuum? Or do we need to reach out and look at this as a regional type of operation? Can it be done? The question is as we look at the urbanized agent, I think John Smith beautifully described the concept of the urbanized needs that we in this community particularly have. But we don't exist solely in a urbanized area and we must keep our community user friendly to those people who are living in those rural areas. So therefore, I think they ought to have some input into the process, but the degree of input is what is the question. My original concern was, and still is, what we have fixable and if it is not fixable will it be worth the taxpayers expenditures to re-invent the wheel?" Ms. Victoria Dickson expressed the following opinions: 1. Zoning requires too much of the board's time. It is her feeling that zoning should be localized. 2. There is a need for input from PWC, the school system, parks and recreation, and other interested entities. 3. More planning is needed. 4. A mission statement is needed. Mr. Jonathan Charleston addressed the following issues: 1. There is a need to look at the big picture of urban planning from a comprehensive point of view. 2. There is a need to have a study done by an independent party. 3. There is a need for more accountability of both the staff and Planning Board members. 4. There is a need for more coordination and communication. A discussion ensued regarding site improvement, down sizing, ratio of planning activities to zoning activities, 2010 Plan update, review by independent planner, structure of zoning and planning process, and a joint meeting with County Commissioners. Councilmember McBryde moved to have City Manager John Smith present the request for a joint meeting of the City Council and the County Commissioners which would be held on April 8, 1996, 7:00 p.m., at a location to be determined, seconded by Councilmember Dempster and carried by a vote of 9 to 0. 4. Discussion of priorities for upcoming Legislative session. City Manager John Smith presented this item. He advised Council that the annexation issue needs to be watched carefully because the current sentiment is toward repealing the annexation act of 1959. After a discussion of the priorities presented by City Manager John Smith, Councilmember McBryde moved to make annexation and the extension of time for payment of assessments as the number one priority to be presented to the Governmental Association at their meeting on March 28, 1996, seconded and carried unanimously by a vote of 9 to 0. City Manager John Smith passed out information on the USO Building and informed Council this would be on their April 1, 1996, agenda. INFORMATION ITEMS 1. Information requested on redistricting. Councilmember Smith moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously 9 to 0. There being no further business the meeting adjourned at 9:15 p.m. REGULAR MEETING APRIL 1, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER APRIL 1, 1996 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, Interim City Clerk Jason Brady, Public Information Officer George Vaughan, Planning Board Ron Hansen, Police Chief David Nash, Annexation Studies Coordinator Karen Musgrave, Assistant City Attorney Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Rev. Kenneth Hill, North Ramsey Street Church of God, followed by the Pledge of Allegiance to the American Flag which was lead by Scout Troop 29, Lewis Chapel Baptist Church. RECOGNITION: Mayor Dawkins presented Ms. Barbara E. Armstrong, Manager of Community Development and Housing with a proclamation declaring the week of April 1-7, 1996, as Community Development Week and April 8, 1996, as Community Development Day. 1. APPROVAL OF AGENDA City Manager John Smith requested to add item 13., discussion about the Joint City Council/County Commissioners Meeting on the Joint Planning Board. Councilmember McBryde moved to approve the agenda with the addition of item 13., seconded by Councilmember Cheek and carried by a unanimous vote of 9 to 0. 2. CONSENT: Councilmember Kendrick moved to approve the consent agenda, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. A. Approve minutes of regular meeting of March 18, 1996. B. Approve request from Fayetteville Generals for fireworks displays on April 6, July 6 and September 2, 1996, contingent upon satisfaction of Fire Prevention Bureau requirements. C. Approve request from The Arts Council of Fayetteville/Cumberland County for waiver of permit fee for tent/canopy use at Sunday on the Square. D. Approve request from The Dogwood Festival for waiver of permit fees for tent/canopy use during Festival events, and waiver of 30 day prior notification requirement. E. Set public hearing for April 15, 1996, to consider an application by Harvey H. Allen for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-23(1a) to allow for automobile off-street parking in an R10 Residential District for an area located on the south side of Morganton Road, west of Murray Fork Drive. Containing 0.204 acres more or less and being the property of Harvey H. and Michele B. Allen as evidenced by deed recorded in Deed Book 4436, Pages 159-161, Cumberland County Registry, and by a map and legal description on file with the Planning Department. (P96-30) F. Approve the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 1015 Marlborough Road and 2942 Breezewood Avenue. Containing 0.83 acres more or less and being portions of the properties of Cecil and Leona Penland and H.D. and W.L. Tippett and wives as evidenced by deeds recorded in Deed Books 1159, Page 475 and 4281, Page 647, respectively, Cumberland County Registry, and by a map and legal description on file with the Planning Department. (P96-25) G. Approve the rezoning from C2 Central Business District to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located at 433 Franklin Street, 444-450 West Russell Street, and 458 West Russell Street. Containing 0.92 acres more or less and being the properties of Raymond M. Naylor as evidenced by deeds recorded in Deed Book 2897, Pages 403-405 and a portion of the property of Billy D. Parrot as evidenced by deed recorded in Deed Book 4280, Pages 415-416 (Tract Two), Cumberland County Registry. (P96-29) H. Approve designation of the Fayetteville City Council as the Local Redevelopment Authority (LRA) to oversee the reuse planning for the closing of Recreation Center No. 2 (USO). I. Adopt resolution approving sale of property on the east side of Alfred Street to the Trustees of Friendship Missionary Baptist Church. RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1996-020. A copy of the foregoing resolution can be found in the clerk's office in Resolution Book R1996. J. Approve quit claim deed to Coldon Campbell and wife, Maude M. Campbell for a portion of Lot 56 on Alfred Street. K. Approve award of contract for South McPherson Church Road resurfacing and milling to Crowell Constructors, Inc., lowest responsible bidder in the amount of $478,650.00. Bids received were as follows: Barnhill Contracting Co. $536,661.15 Crowell Constructors, Inc. $478,650.00 3. PUBLIC HEARINGS: Mayor Dawkins set out the time limits for addressing the Council on public hearing and non-public hearing items. A. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville, N.C., (Petition-initiated contiguous annexation. Crystal Lake - a proposed condominium project to be located along the southern side of McArthur Road, north of Country Club North neighborhood. Property of Biltwell, Inc.) Deputy City Manager Roger L. Stancil presented this item. This is the advertised time and date set for this public hearing. There was no one present to speak in favor or opposition and the public hearing opened and closed at 7:16 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA (CRYSTAL LAKE). ANNEXATION ORDINANCE NO. 96-04-411. Councilmember McBryde moved to adopt the ordinance, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. A copy of the foregoing annexation ordinance can be found in the clerk's office in Annexation Book 1996. B. Consideration of revisions to Section 27-2, Review and Approval of Plats and Group Developments, of the Fayetteville City Code requiring final plat approval before the issuance of building permits. City Attorney Robert C. Cogswell, Jr. presented this item. This is the advertised public hearing set for this date and time. There was no one present to speak in favor or opposition. The public hearing opened and closed at 7:18 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 27-2, REVIEW AND APPROVAL OF PLATS AND GROUP DEVELOPMENTS, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-002. Councilmember Smith moved to adopt this ordinance, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance can be found in the clerk's office in Ordinance Book S1996. 4. Consideration of request to address City Council from Chamber of Commerce Chairman, Terry Hutchens. Mr. Terry Hutchens, Chairman of the Fayetteville Chamber, presented an informational notebook containing the Chamber's 1996 Legislative Priorities and the Metrovisions Executive Summary. 5. Presentations on the following ordinances: 1. Sign Ordinance 2. Landscape Ordinance 3. Trailer Ordinance Mr. James Kizer, Jr., Chairman of the Fayetteville Appearance Commission; Mr. Scott Shackleford, President, Local Car Dealers Association; Ms. Betty Waller representing the outdoor advertisers; and Mr. Peter Stewart, a Representative for the Fayetteville Area Chamber of Commerce endorsed the proposed ordinances. Councilmember Cheek moved to refer the sign ordinance, the landscape ordinance, and the trailer ordinance to the Planning Board, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 6. Presentation of report from Open Spaces Study Committee. Mr. Karl Legatski, Chairman of the Open Spaces Study Committee presented a summary of the following recommendation regarding the implementation of the open spaces section of the 2010 Land Use Plan. 1. County Wide 2010 Objectives A. Traditional Parks Expand the existing traditional parks system from its present 1,359 acres to approximately 2800 acres. B. Designated Corridors Acquire floodplain land along the Cape Fear River and the major stream ways for conversation and potential public use as part of an extended parks system. C. Floodplain Conversation Encourage the preservation of land in the floodplain that is not in the Designated Corridors. D. Residential Development Open Space Encourage further preservation of open space in residential areas through improvements in existing ordinances and subdivision regulations. II. Implementation Plan Meeting the above-stated objectives requires the following actions: A. Public Policy Commitment - A long term public policy commitment in the form of increased funding for the acquisition, development, operation and maintenance of public parks and open space. B. Dedication with Development - Subdivision regulations should be modified to require the dedication of land for public parks with residential development. C. Co-Location - Establish a mechanism that ensures maximum co-location of public facilities. In particular, all new school sites should be reviewed for possible co-location with parks. D. New Policies - New or changed policies will be required in several areas. The governing bodies should: 1. Accept land that is dedicated in accordance with the new subdivision regulations or donated in accordance with the Parks Acquisition Plan or Designated Corridors Map; 2. Encourage the establishment of a local private conservation trust to receive land or conservation easements for land that is in the floodplain but not in the Parks Acquisition Plan or on the Designated Corridors Map; and 3. Establish a dedicated sinking fund for parks land acquisition to receive public funds and monies received by fee in lieu of dedication. 4. Explore possibilities for developing partnerships with Fort Bragg to preserve buffer area on the Post perimeter that can also serve as public park/open space. E. Review Existing Development Regulations - The Planning Board should be tasked with reviewing the existing planned neighborhood development and variable lot residential regulations and bringing forward recommendations for modifications that will promote their original intent. A discussion and answer period ensued regarding set backs on streams, cost to both the City and the County, merged metropolitan parks services, the Planning Board's function in the implementation of the open space policies, ordinance revisions, and the status of the Open Space Committee. Mayor Pro Tem Blackwell moved to refer this to the Planning Board, seconded by Councilmember Smith. Councilmember Cheek moved to make a friendly amendment that the Open Spaces Committee continue to function as an advocate/guide for this plan through the Planning Board process. Mayor Dawkins called for the vote and the motion and friendly amendment carried unanimously by a vote of 9 to 0. 7. Presentation on proposed new fire station. City Manager John Smith presented this item. He stated that the design development stage of the fire station had been completed. Mr. Joe Wynn and Mr. Doug Burns of Heery International, P. C. presented the master plan for the proposed fire station. City Manager John Smith informed Council the next stage would be the actual development of the working drawings and the bid process. A discussion ensued regarding the expansion of the facility, the additional cost of the project, the work perimeters of the project, the acquisition of the additional properties on Eastern Boulevard and Person Street at an estimated cost of $165,000. Mayor Pro Tem Blackwell requested that staff come back to Council at their next meeting with a proposal on the purchase of the additional property around this project. Councilmember McBryde moved to refer this to the Building and Properties Committee, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 8. Consideration of adoption of resolution requesting approval by Local Government Commission of financing team in connection with installment financing agreement to finance construction and equipping of Police Administration Building and to refinance outstanding Certificates of Participation issued to finance the City Hall and direct the financing team to initiate the process of developing the necessary financial and legal documents for the installment financing agreement. City Manager John Smith presented this item. He stated City Council approved the development design phase of this project in January 1995 and in October 1995 authorized the procedure of the project to the point of the drawings and the taking of bids. Mr. Smith stated he was bringing this item back to Council with the recommendation they approve the resolution to begin the process to complete the financing. Upon the adoption of this resolution the bids would be put out and then brought back to Council for their consideration and final approval. Mr. Smith stated this resolution would not authorize the sale of any documents or the expenditure of any funds. Councilmember Cheek moved to table the resolution until the cost of the building is reduced by re-design, seconded by Councilmember Ross. A discussion ensued regarding the estimated increased cost of this project, reductions to the building and alternates, furnishings of the building, the lighting system, the increased construction costs resulting from delays, re-designing of the building and the cost involved. Mr. Smith restated that all the figures are estimates at this time and the bids would give the actual cost of the project. He reviewed the debt service plan adopted by the Council and re-emphasized that the mechanism to pay for this project is still within the perimeters which were originally set out in so far as debt service. Mayor Dawkins asked Councilmember Cheek to restate her motion. Further discussion was held regarding the bid process, the financing package, and setting a fixed dollar amount for the project. Mayor Dawkins called for the vote. The motion failed by a vote of 5 to 4 with Councilmembers Blackwell, McBryde, Massey, Torrey, and Kendrick in opposition. RESOLUTION REQUESTING APPROVAL BY LOCAL GOVERNMENT COMMISSION OF FINANCING TEAM IN CONNECTION WITH INSTALLMENT FINANCING AGREEMENT TO FINANCE CONSTRUCTION AND EQUIPPED OF POLICE ADMINISTRATION BUILDING AND TO REFINANCE OUTSTANDING CERTIFICATES OF PARTICIPATION ISSUED TO FINANCE CITY HALL AND DIRECTING THE FINANCING TEAM TO INITIATE THE PROCESS OF DEVELOPING THE NECESSARY FINANCIAL AND LEGAL DOCUMENTS FOR THE INSTALLMENT FINANCING AGREEMENT. RESOLUTION NO. R1996-021. Mayor Pro Tem Blackwell moved to adopt the resolution, seconded by Councilmember Torrey and carried by a vote of 5 to 4 with Councilmembers Smith, Dempster, Cheek, and Ross in opposition. A copy of the foregoing resolution can be found in the clerk's office in Resolution Book R1996. 9. Consideration of joint contract for cable consulting services. City Manager John Smith presented this item for a ten-year extension of the franchise agreement with Time Warner. He recommended the City Manager be authorized to negotiate and execute a contract based on the proposal in the packet; that the cost of the contract be split 50/50 with the County; that the negotiation for a renewed franchise or franchise extension be done jointly with the County by the same consultant firm; and that Spring Lake, Fort Bragg, and Pope Air Force Base be given the opportunity to join in. Councilmember Ross moved to authorize the City Manger to negotiate and execute a contract with Rice, Williams, and Associates jointly with the County for an amount not to exceed $25,000 for the City of Fayetteville, seconded by Councilmember Cheek and carried unanimously 9 to 0. 10. Consideration of request for Local Act authorizing the use of wheel locks. Deputy City Manager Roger L. Stancil presented this item. Mr. Stancil recommended the use of wheel locks to aid in the enforcement of illegal parking. A discussion was held regarding the benefits versus the drawbacks in the implementation of this type of enforcement. Councilmember Dempster moved to deny the recommendation to use wheel locks, seconded by Councilmember McBryde and carried by a vote of 5 to 4 with Councilmembers Ross, Blackwell, Massey, and Torrey in opposition. 11. Report from Streets, Roads and Sidewalks Committee: Councilmember Kendrick presented this item. A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, adding Fountainhead Lane to Traffic Schedule Number 7 - One Way Streets. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-010. Mayor Pro Tem Blackwell moved to adopt the ordinance, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance can be found in the clerk's office in Ordinance Book NS1996. B. Consideration of approval of Spring 1996 Residential Street Resurfacing List. Mayor Pro Tem Blackwell moved to approve the Spring 1996 Residential Street Resurfacing List, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. C. Consideration of adoption of Guidelines for Multi-Way Stop Control. Councilmember Kendrick presented this item and moved to approve the recommended guidelines for Multi-Way Stop Control and to amend the average street travel speed greater than 10 mph over the posted speed limit to seven mph over the posted speed limit, seconded by Councilmember Dempster. Councilmember Cheek made a substitute motion to continue consideration on this item and to ask the staff to bring back information on how the last eight four-way stop signs would meet the proposed criteria, seconded by Councilmember Ross. A discussion ensued on time restraints. Councilmember McBryde requested that Councilmember Cheek amend her motion to send it back to committee for consideration rather than to the staff. Councilmember Cheek moved to continue this issue until the committee could bring back a report on how the last eight four-way stop signs would meet the proposed criteria, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. D. Consideration of traffic signal at Wagoner and Sycamore Dairy Road. Councilmember Kendrick presented this item and stated that the Street Engineering Department staff recommended denial of the request and the committee also recommended denial. Councilmember Cheek moved to request a description to be presented with timelines as to what is being done to improve the intersection and also the staff be directed to continue looking at other things other than site distance to make this intersection safer, seconded by Councilmember Smith and carried unanimously 9 to 0. 12. Consideration of settlement of condemnation of Huggins property on Harbor Road. City Attorney Robert C. Cogswell, Jr. presented this item and recommended the condemnation be settled for $1,750.00. Councilmember Kendrick moved to approve, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. 13. Joint Meeting with Cumberland County Commissioners. City Manager John Smith informed the Council the County Commissioners could not meet on April 8, 1996. After a discussion Councilmember McBryde moved to have the City Manager try and set the meeting for April 22, 1996, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. INFORMATION ITEMS: 1. Notice of Citizens Information Workshop for the proposed widening/improvements of Cliffdale Road from Reilly Road to US 401. 2. Recreation and Parks Advisory Commission - minutes of February 26, 1996. 3. Joint Planning Board - minutes of February 20, 1996. 4. Historic Resources Commission - agenda for March 26, 1996 Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously 9 to 0. There being no further business the meeting adjourned at 10:25 p.m. REGULAR MEETING APRIL 15, 1996 FAYETTEVILLE CITY COUNCIL COUNCIL CHAMBER CITY HALL REGULAR MEETING APRIL 15, 1996 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: J. Breeden Blackwell (at-large) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, Interim City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Pete Piner, Fire Chief Mike Walker, Planning and Development James Rose, PWC George Vaughan, Planning Board Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Randy White, Trinity Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins announced that Mayor Pro Tem Blackwell's father had had a heart attack. Councilmember Torrey moved to excuse Mayor Pro Tem Blackwell, seconded by Councilmember Smith and carried unanimously 8 to 0. 1. APPROVAL OF AGENDA City Manager John Smith requested to add items 11.B., an addendum to the Community Development Report; item 11.C., a discussion on the joint meeting with the County Commissioners on planning; and item 11.D., the setting of a meeting with the County Commissioners and Robert Marvin on April 29, 1996. Councilmember Massey moved to approve the agenda with the addition of items 11.B, 11.C., and 11.D., seconded by Councilmember Torrey and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Massey requested to pull item 2.A., Councilmember Smith requested to pull item 2.G., Councilmember Dempster requested to pull item 2.K., and Councilmember Cheek requested to pull item 2.L. Councilmember McBryde moved to approve the consent agenda with the exceptions of item 2.A., 2.G., 2.K., and 2.L. After a second from Councilmember Kendrick, the consent agenda and following items were unanimously approved: A. (Pulled for discussion) B. Approve minutes of regular meeting of April 1, 1996. C. Approve tax refunds over $100. Taxpayer's Name Nature of Clerical Error Amount Holmgren, Jon Illegal Tax. Military Non-Resident. $129.40 Wellington LES on file. CA/1-15-95 Bowling, Richard Chris Illegal Tax. Military Non-Resident. $106.48 LES on file. WV 7-17-97 D. Approve request from Olde Fayetteville Association for waiver of permit fee for tent/canopy use during events. E. Approve request from Cape Fear Botanical Garden for waiver of burn permit fee. F. Set public hearing for May 20, 1996, to consider the closing of Whitney Drive from Rainer Drive/Palomar Street northwardly to the southernmost line of Tri-Player Investments property. PRELIMINARY RESOLUTION AND NOTICE OF INTENT TO CLOSE A PORTION OF WHITNEY DRIVE. RESOLUTION NO. R1996-022. A copy of the foregoing resolution can be found in the clerk's office in Resolution Book R1996. G. (Pulled for discussion) H. Approve award of contract for truck mounted pot-hole patcher to Public Works Equipment & Supply, Inc., (Monroe, N.C.), low bidder in the amount of $69,888.29. Bids were received as follows: Public Works Equipment & Supply Inc. $69,888.29 Bruder Sharpe Inc. $74,068.00 Public Works Equipment & Supply Inc. $76,948.90 RGS Industries $77,384.00 Interstate Equipment $96,576.00 I. Approve award of contract for purchase of all purpose trim mowers (small tractor mounted mowers used to groom ballfields) to Jacobsen Texton (Myrtle Beach, S.C.), low bidder in the amount of $30,802.64. Bids received were as follows: Jacobsen Textron $30,802.64 Smith Turf and Irrigation $31,905.00 Revels Tractor $31,944.96 J. Approve award of contract for the upgrade of North Fayetteville and East Fayetteville Lift Stations to: (PWC) 1. General Contractor: Water & Waste Systems (Myrtle Beach, SC) low bidder in the amount of $59,000.00. 2. Electrical Contractor: Bobby Townsend Electrical (Lumberton, NC) low bidder in the amount of $77,700.00. Bids received were as follows: General Electrical Combined Bobby Townsend (Lumberton, NC) $ 77,700 Barnes & Powell (Elm City, NC) $ 94,300 Watson Electric (Wilson, NC) $112,000 Water & Waste Sys.(Myrtle Beach, NC) $ 59,000 T. A. Loving (Goldsboro, NC) $130,000 $100,000 $195,000 Bryant Electric (High Point, NC) $134,000 $190,000 $314,000 K. (Pulled for discussion) L. (Pulled for discussion) M. Approve award of contract for purchase of one trencher with back-fill blade, backhoe and trailer in the amount of $35,748.00. (PWC) Bids received were as follows: Trencher Trailer Total Bid Vermeer Carolinas (Garner, NC) $32,453 $3,295 $35,748 Prime Equipment (Fayettev.,NC) (No Bid) $3,315 N/A Ditch Witch (Raleigh, NC) (Non-compliant) $3,220 N/A 2.A. Approve minutes of information meeting of March 25, 1996. Councilmember Massey requested that the March 25, 1996, draft of minutes reflect in item 3., page 124, a reference to the fact that Mr. Legatski was responding to Mayor Pro Tem Blackwell's questions as set out at the February 26, 1996, meeting. He also requested the addition of his commentary regarding the perimeters for the same meeting. Councilmember McBryde moved to delay the approval of the minutes until the changes have been made, seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell absent. 2.G. Authorize advertisement for exchange of property with G. Thomas Cliett and wife Anne D. Cliett, to create a boundary line agreement between the new fire station and the Western Sizzlin property on Eastern Boulevard. Councilmember Smith requested this item be pulled. He asked for clarification on the overlap of the property lines. Councilmember Smith moved to approve, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell absent. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE EXCHANGE OF PROPERTY BETWEEN THE CITY OF FAYETTEVILLE AND G. THOMAS CLIETT AND WIFE, ANNE D. CLIETT. RESOLUTION NO. R1996-023. A copy of the foregoing resolution can be found in the clerk's office in Resolution Book R1996. K. Approve award of contract for construction of the Raw Water Pumping Station Modifications to Water and Waste Systems (Myrtle Beach, SC), low bidder in the amount of $268,000.00.(PWC) Councilmember Dempster pulled this item and asked for clarification. Mr. M. J. Noland of PWC explained that the addendum had been received by the bidding company and was reflected in the bid amount. Councilmember Cheek moved to award the bid, seconded by Councilmember Ross and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell absent. Bids received were as follows: Water & Waste Sys.(Myrtle Beach, NC) $268,000 Nortec Construction Co. (Fayetteville, NC) $277,000 R. D. Braswell Construction Co. (Smithfield, NC) $309,860 Bryant Electric Co. (High Point, NC) $311,000 T. A. Loving Co. (Goldsboro, NC) $319,500 L. Approve award of contract for construction of the 36" Raw Water Line and 12" Residuals Transfer Line to Bryant Electric Co., (High Point, NC) low bidder in the amount of $2,159,789.80.(PWC) Councilmember Cheek pulled this item and inquired about the Raw Water Line. Mr. Noland of PWC gave background information on this project. Councilmember Cheek thanked PWC for the help they provided the Devonwood residents. She inquired about PWC's damage control policies when acquiring right-of-ways. Mr. Noland stated that PWC was sensitive to neighborhood needs and every effort was made to meet the concerns of each individual area affected by the acquisitions. Councilmember Cheek moved to approve the award, seconded by Councilmember Massey and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell absent. Bids received were as follows: Bryant Electric Co. (High Point, NC) $2,159,789.80 R. H. Moore Co. (Murrells Inlet, SC) $2,162,611.00 Dellinger, Inc. (Monroe, NC) $2,174,025.00 Blythe Construction Co. (Mebane, NC) $2,494,394.00 State Utility Contractors (Monroe, NC) $2,594,130.00 Park Construction Co. (Fitzwilliam, NH) $2,654,229.00 T. A. Loving Co. (Goldsboro, NC) $2,727,130.00 3. PUBLIC HEARINGS: Mayor Dawkins gave instructions on the time limits for speaking at public hearing and non-public hearing items. A. Consideration of an application by Harvey H. Allen for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-23(1a) to allow for automobile off-street parking in an R10 Residential District for an area located on the south side of Morganton Road, west of Murray Fork Drive. Containing 0.204 acres more or less and being the property of Harvey H. and Michele B. Allen as evidenced by deed recorded in Deed Book 4436, Pages 159-161, Cumberland County Registry, and by a map and legal description on file with the Planning Department. (P96-30) Mr. George Vaughan, Planning Director, presented this item. He stated the Planning Board recommended denial of the Special Use Permit. This is the advertised public hearing set for this date and time. The public hearing opened at 7:35 p.m. Mr. Harvey Allen, 134 Wheat Way, Fayetteville, NC, was sworn in and appeared in favor of the Special Use Permit. Ms. Susan Perry, 6006 Ruggles Court was sworn in and appeared in opposition. Ms. Perry presented a petition against the Special Use Permit. There being no one further to speak either in favor or opposition the public hearing closed at 7:42 p.m. A discussion ensued regarding the number of parking spaces required for an office building, the buffering requirements, and the previous approval of this project by the Council. Councilmember Cheek moved to deny the Special Use Permit, seconded by Councilmember Dempster and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. B. Consideration of adoption of resolution requiring the paving of the following streets on bond projects list: Assistant City Manager Jimmy Teal presented this item. He recommended approval of the bond projects as set out in the following resolution. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION. RESOLUTION NO. R1996-024. 1. Smith St from Winslow St to Williams St. 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 7:45 p.m. Councilmember Kendrick moved to approve, seconded by Councilmember Smith and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. 2. McMillan St from Smith St to Rankin St. 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 7:46 p.m. Councilmember McBryde moved to approve, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. 3. Kyle St from Winslow St to Williams St. 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 7:47 p.m. Councilmember Smith moved to approve, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. 4. Fledger St from Weiss Ave to Dead End. This is the advertised public hearing set for this date and time. The public hearing opened at 7:49 p.m. Ms. Blue DePrater, 522 Vista Drive, Fayetteville, NC, appeared in favor of the paving and requested it go to the dead end portion of the street. Mr. William H. Corne, 930 Robeson Street, appeared in opposition. There was no one further to speak either in favor or opposition. The public hearing closed at 8:01 p.m. A discussion was held regarding the actual footage of the paving. Mr. Teal stated the paving would go to the end of the dead end street. Councilmember Cheek moved to approve the street for paving, seconded by Councilmember Smith. Further discussion ensued regarding the uncertainty of the actual footage of the paving, the number of houses on the street, the possible delay of the action until more information could be presented to the Council. Councilmember Dempster made a substitute motion to delay the action, seconded by Councilmember Ross. Councilmember Kendrick requested to add to the motion that a report be brought back on the exact number of undeveloped streets that have been set up for paving. Councilmember Dempster agreed to the addition. The motion carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell absent. 5. Davis St from Davis Ct to Branson St. 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 8:20 p.m. Councilmember Kendrick moved to approve, seconded by Councilmember Smith and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. 6. Davis Ct from Davis St to Dead End in both easterly and westerly directions. This is the advertised public hearing set for this date and time. The public hearing opened at 8:21 p.m. Ms. Claire White, 819 Eufaula Street, Fayetteville, NC, appeared in favor. There was no one appearing in opposition. The public hearing closed at 8:24 pm. Councilmember Kendrick moved to approve, seconded by Councilmember Dempster and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. 7. Locust St from South King to Dead End. 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 8:25 p.m. Councilmember Dempster moved to approve, seconded by Councilmember Smith and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. 8. South Broad St from Chestnut St to Russell St. 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 8:26 p.m. Councilmember Smith moved to approve, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. A copy of the foregoing resolution can be found in the clerk's office in Resolution Book R1996. 4. Consideration of adoption of an ordinance amending the abandoned car ordinance: Mr. Frank Simpson, Inspections Director, presented this item. He stated the changes would make the enforcement of this ordinance easier. 1. To prohibit exemption by merely reporting an abandoned vehicle. [Section 20-219(c)] AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-003. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember McBryde. Councilmember Ross expressed her opposition to this ordinance change. Mayor Dawkins called for the vote which carried 7 to 1 with Councilmember Ross in opposition and Mayor Pro Tem Blackwell absent. A copy of the foregoing ordinance can be found in the clerk's office in Ordinance Book S1996. 2. To prohibit an exemption by covering a vehicle with a tarpaulin. [Section 20-222(b)(3)] Councilmember Kendrick moved to approve the ordinance, seconded by Councilmember McBryde. The vote was 5 in favor to 3 in opposition. Councilmembers Smith, Massey, and Ross were in opposition and Mayor Pro Tem Blackwell absent. City Attorney Robert C. Cogswell, Jr. declared this action would require a second reading and vote at the next meeting. 5. Consideration of authorization for the City Manager, Deputy City Manager and Finance Director to execute certain applications, forms and agreements with respect to the establishment of a Purchasing Card Program. City Manager John Smith presented this item. He explained the goal of the purchasing card is to: 1. Lower purchasing-related costs (approximately $75-$100 per purchase order). 2. Extend management control to larger scale contracts and strategic purchasing matters. 3. Improve supplier relationships by crediting vendors accounts within 24 hours of purchases. 4. Enhance information availability and reporting by accessing/retrieving transactions daily from the bank. 5. Facilitate delivery of supplies and materials to the programs serving the public. A discussion was held regarding the monitoring of this program, the procedures to be used, the cost of the current purchase order system, the bid process, the cost to the city, and access of the card to the city employees. Mr. Kai Nelson, Finance Director, responded to Council's questions. Mr. Nelson stated there would be a one-time setup fee and a charge of $.02 per transaction. He also stated that less than 10 percent of the employees would have access to the card, and those with access would be mid-level management. Councilmember Kendrick moved to authorize the City Manager, Deputy City Manager, and Finance Director to execute the necessary applications, forms and agreements with Wachovia Bank Card Services for the establishment of the purchasing card program subject to legal sufficiency being provided by the City Attorney, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. 6. Consideration of authorization for the City Manager, Deputy City Manager and Finance Director to execute certain contracts with GE Capital Public Finance for the lease purchase of various annexation equipment. City Manager John Smith presented this item. He stated at the February 20, 1996, meeting City Council adopted budget ordinances amendment 96-10 which appropriated the implementation pre-annexation costs associated with the Phase 2 annexation effective June 30, 1996. The ordinance amendment appropriated $1,827,667 from capital lease proceeds to finance start-up capital rolling stock (Police cars, fire trucks, sanitation trucks, etc.) costs of Phase 2 annexation. Most of the equipment has been ordered; some has arrived which requires payment to the vendor. The City requested financing proposals from four firms that provide tax-exempt municipal leasing. The terms requested included 2,3, and 5 year amortizations. Quotes were received as follows: Firm 2 years 3 years 5 years GE Capital Public Finance 5.08 5.18 5.30 Koch Financial Corp. 5.25 5.31 5.51 First Union National Bank 5.26 5.36 5.53 Branch Bank Leasing Corp. 5.49 5.60 5.78 Councilmember Kendrick moved to authorize the City Manager, Deputy City Manager, and Finance Director to execute appropriate contract documents with GE Capital Public Finance, subject to legal sufficiency being provided by the City Attorney, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell absent. 7. Report from Buildings and Properties Committee. Councilmember Jim Smith, Chairman of the Buildings and Properties Committee, presented this item. Mr. Smith stated the Committee had reviewed the Fire Department needs and the cost of the new fire station as well as the purchase of additional property surrounding the station. Councilmember Smith moved to put the fire station out to bid and to complete the design drawings, seconded by Councilmember Massey. A discussion ensued regarding the increased cost of the building, the property lines, the use of the proposed storage building for breathing and safety equipment maintenance, and funding alternatives. City Manager John Smith recommended putting the project out to bid and that a general fund balance be set aside in the upcoming budget year for other portions of the project. The proceeds from the sale of the Central Fire Station would be used to offset the expenses involved. Mayor Dawkins called for a vote and the motion carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. 8. Consideration of request from Councilmember Suzan Cheek to schedule neighborhood meetings. Councilmember Cheek moved to have the Council hold public input sessions for newly annexed citizens to get their reactions to their likes, dislikes, and concerns, seconded by Councilmember Massey. A discussion ensued regarding the type forum to be used and the best time and place for these meetings to be held. It was decided that the staff would bring back a recommendation to Council. The motion carried by an unanimous vote of 8 to 0 with Mayor Pro Tem Blackwell absent. 9. Consideration of preliminary acceptance of streets in Glen Reilly Subdivision for City maintenance. Assistant City Manager Jimmy Teal presented this item. He recommended the acceptance of the street within the Glen Reilly Subdivision and Remington Subdivision contingent upon the repair work being completed by Wellons Construction Company. The formal action on the acceptance of these streets would take place in June 1996. Councilmember Kendrick moved to accept the proposal as presented by Mr. Teal, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. 10. APPOINTMENTS: A. Nominations to fill one unexpired term on Fayetteville Historic Resources Commission. (One appointment needed) Councilmember McBryde nominated Ms. Lucy Wofford to fill in for the category five vacancy which expires in October 1996, seconded by Councilmember Cheek. Councilmember Massey nominated Ms. Mary Hales. 11. ADMINISTRATIVE REPORTS: A. Discussion of televising Planning Board meetings. Councilmember McBryde moved that no action be taken on this matter until the Council makes a final decision as to what is going to happen with the planning matter, seconded by Councilmember Smith and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell absent. B. Addendum to the Community Development Report. Councilmember Cheek thanked Mr. Smith for the straight forward information on this matter. C. Discussion of a joint meeting with Cumberland County Commissioners on planning. City Manager John Smith recommended Council be prepared to meet with the Commissioners on the 22nd, if approved at their meeting. D. Setting of a joint meeting on April 29, 1996, with the County Commissioners and Robert Marvin. Councilmember McBryde moved to set a joint meeting with the County Commissioners and Robert Marvin for April 29, 1996, at 7:00 p.m., seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell absent. INFORMATION ITEMS: 1. Copy of letter to N.C. DOT regarding installation of traffic signal at the intersection of Ramsey Street and Kinlaw Road. 2. Copy of letter to Somar and Cumberland County regarding downtown parking. 3. Letter from resident regarding safe sidewalks. 4. Report of taxes collected for the month of March 1996 from the Cumberland County Tax Collector. 1995 Taxes 206,676.02 1995 Vehicle Taxes 135,499.62 1995 FVT 17,292.04 1995 Storm Water 23,815.00 1994 Taxes 4,590.03 1994 Vehicle Taxes 8,154.07 1994 FVT 1,310.00 1993 Taxes 3,888.50 1993 Vehicle Taxes 336.18 1993 FVT 80.00 1992 Taxes 1,554.09 1992 FVT 25.00 1991 & Prior Real & Personal Taxes 889.09 1991 FVT 15.00 Total Interest 12,633.05 Storm Water Interest 803.47 Total Collections 417,561.16 5. Report of tax refunds less than $100. Taxpayer's Name Nature of Clerical Error Amount Vik, Daniel Clay & Deborah Jean Illegal Tax: Military Non-Resident. $42.70 LES on file. FL/5-18-2001 Toler, Ronald Jasper & Angela Illegal Tax: Military Non-Resident. $70.38 Price LES on file for both. Ronald NY-?, Angela PA/12-26-96 Strain, Kirk Amended statement submitted $.90 Scholz Constr. Co. Of Leasehold improvements listed in $67.09 Fayetteville error for the year 1985 in the amount of $46,670 H T Restaurants Inc. T/A Per the audit overstated machinery $22.34 Annabelles of Fayetteville and equipment figures Gisseman, Joanne Ellen Illegal Tax. Military Non-Resident. $21.22 LES on file. NV/7-7-95 Ferguson, Kirk Ashley Illegal Tax. Military Non-Resident. $67.45 LES on file. TX/7-29-94. Leave FVT Bryson, Leon Discovered in error per amended listing $16.25 6. Human Relations Commission fact sheet on missions and roles. 7. Appearance Commission - minutes of February 27, 1996. 8. Police Department - Professional Standards monthly report for the month of March, 1996. Councilmember Massey requested an explanation as to how these reports are compiled. Mr. Smith stated he would find the answer to Mr. Massey's questions. 9. PWC - minutes of March 13, 1996. Councilmember Cheek requested that a joint meeting be set up between the City Council and the PWC Commission. 10. Planning Board - minutes of March 19, 1996 11. FACVB - minutes of March 14, 1996. Councilmember Smith requested to be excused from the April 22, 1996, meeting. Councilmember McBryde moved to excuse Councilmember Smith, seconded by Councilmember Massey and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell absent. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Smith. There being no further business the meeting adjourned at 9:45 p.m. JOINT MEETING WITH COUNTY COMMISSIONERS APRIL 29, 1996 FAYETTEVILLE CITY COUNCIL PATE ROOM, CUMBERLAND COUNTY MAIN LIBRARY JOINT MEETING WITH COUNTY COMMISSIONERS APRIL 29, 1996 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell; Milo McBryde; Chris Dempster; Robert A. Massey, Jr.; Thelbert Torrey; Suzan Cheek; Mark Kendrick Absent: Jim Smith; Ida Ross Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the City Council Meeting to order and Commission Chairman Tom Bacote called the County Commissioners to order. The Mayor recognized Mac Healy, Chairman of the Complete Fayetteville Once and For All Management Committee. Mr. Healy introduced Mr. Robert Marvin. Mr. Marvin presented a summary of his plan for the center city and asked for input from the Councilmembers and the Commissioners before he finalized the plan. Upon motion by Councilmember Blackwell, seconded by Councilmember Torrey, Council voted unanimously to endorse the concept of Mr. Marvin's plan. Following that vote the County Commissioners unanimously endorsed the concept also. Upon motion by Councilmember Kendrick, seconded by Councilmember Cheek, Council voted unanimously to adjourn the meeting at 8:30 p.m. REGULAR MEETING MAY 6, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MAY 6, 1996 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: J. Breeden Blackwell (at-large); Ida Ross (District 2) (arrived at 7:17 p.m.) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, Interim City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Craig Hampton, Administrative Services Director Tom McNeill, Property Acquisition Manager PWC Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Mark Billington, Massey Hill Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins introduced Mr. Rodney Matthews, Chairman of the Blue Ribbon Litter Task Force. Mr. Matthews presented the Fayetteville Clear Contract for execution by the Mayor on behalf of the City of Fayetteville. Mr. Matthews stated that over 188 businesses have signed this contract saying they would do their part to help keep the City of Fayetteville free of litter. City Manager John Smith announced that Mayor Pro Tem Blackwell's father was scheduled for surgery and he would not be in attendance. Councilmember McBryde moved to excuse Mayor Pro Tem Blackwell from the meeting and to excuse Councilmember Ross until her arrival, seconded by Councilmember Massey and carried by a vote of 7 to 0 with Councilmembers Ross and Blackwell excused. Mr. Smith informed Council that he would like to schedule the first public forum meeting which allows the citizens to address the Council on any issue for their meeting on May 28, 1996. Mayor Dawkins expressed both his personal thanks and his family's appreciation for all the thoughts and prayers they received during the death of his mother. Mayor Dawkins stated that his mother was 82 years young and had worked by her choice up through the first week of March. She worked about 70 hours per week and on her last day on the job she worked for 12 hours. Mayor Dawkins stated the Council's policy of a three-minute time limit for a non-public hearing speaker. 1. APPROVAL OF AGENDA Councilmember Kendrick moved to approve the agenda, seconded by Councilmember Smith. Councilmember Cheek offered a friendly amendment to add item 13.C., the letter on the Appearance Commission vacancy, seconded by Councilmember Massey and carried by a vote of 7 to 0 with Councilmembers Ross and Blackwell excused. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any items should be removed before calling for action. Councilmember Massey requested to pull item 2.D. Councilmember Kendrick requested to pull items 2.G. and 2.H., Councilmember Smith requested to pull item 2.M. and Councilmember Torrey requested to pull item 2.Q. Councilmember McBryde moved to approve the consent agenda with the exception of 2.D., 2.G., 2.H., 2.M., and 2.Q. After a second from Councilmember Dempster the consent agenda and following items were unanimously approved: A. Approve amendment of minutes of regular meeting of February 20, 1996; Item 12 - Award of Four Advanced Design Wheelchair Accessible Transit Coaches to Nova Bus, Inc. City Attorney Robert C. Cogswell requested that the award of this contract be made with a 20 percent performance requirement. This action was not addressed at the February 20, 1996, meeting but was part of the memo action. The minutes of February 20, 1996, will be adjusted to reflect this change. B. Approve minutes of information meeting of March 25, 1996. C. Approve minutes of regular meeting of April 15, 1996. D. (Pulled for discussion) E. Approve boundary line agreement between the new fire station and the Western Sizzlin property on Eastern Boulevard. F. Approve award of contract for rear and side mount mowers (two of each) to Right of Way Equipment Company, (Raleigh, NC), lowest responsible bidder in the amount of $28,208.80, and approve waiver of performance bond requirement due to short delivery time and payment terms. Bids received were as follows: Right of Way Equipment (Raleigh, NC) $28,208.80 Revels Tractor Co. (Fuquay-Varina, NC) $31,773.50 G. (Pulled for discussion) H. (Pulled for discussion) I. Adopt 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). 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 & 160A-270 (b). RESOLUTION NO. R1996-025. A copy of the foregoing resolution can be found in the clerk's office in Resolution Book R1996. J. Approve award of contract for improvements to the Glenville Lake Raw Water Pumping Station to T.A. Loving Company, (Greensboro, NC), low bidder in the amount of $195,750.00. (PWC) Bids received were as follows: T. A. Loving Company (Greensboro, NC) $195,750.00 Bryant Electric (High Point, NC) $237,000.00 Via Electric (Madison, NC) $396,000.00 K. Approve award of contract for purchase of three 2500 KVA Padmounted Transformers to Scott-Parish, (Raleigh, NC), low bidder in the amount of $61,086.48. (PWC) Bids received were as follows: Unit Price Total Bid Scott-Parish (Raleigh, NC) $20,362.16 $61,086.48 HESCO (Smithfield, NC) $23,063.00 $69,189.00 L. Approve exercise of option to purchase one additional 2500 KVA Padmounted Transformer from Scott-Parish, recommended low bidder in the amount of $20,362.16 (Raleigh, NC), (Bids received April 9, 1996). (PWC) M. (Pulled for discussion) N. Approval of the following Traffic Services matters: 1. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, Traffic Schedule No. 6, Stop Intersections, deleting: Kooler Circle shall stop at Glenwood Drive; and Traffic Schedule No. 14, Yield Right of Way, adding to said schedule: Kooler Circle shall yield at Glenwood Drive. A. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (SECTION 20-21. TRAFFIC SCHEDULE NO. 6) (KOOLER CIRCLE) ORDINANCE NO. NS1996-011. B. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (SECTION 20-21. TRAFFIC SCHEDULE NO. 14) (KOOLER CIRCLE) ORDINANCE NO. NS1996-012. 2. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, Traffic Schedule No. 6 Stop Intersections, deleting: Fountainhead Lane shall stop at Hay Street. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (SECTION 20-21. TRAFFIC SCHEDULE NO. 6) (FOUNTAINHEAD LANE) ORDINANCE NO. NS1996-013. 3. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, Traffic Schedule No. l4, Yield Right of Way, adding to said schedule: Timberlake Drive shall yield at Evanston Street. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. (SECTION 20-21. TRAFFIC SCHEDULE NO. 14) (TIMBERLAKE DRIVE) ORDINANCE NO. NS1996-014. Copies of the foregoing ordinances can be found in the clerk's office in Ordinance Book NS1996. O. Adopt ordinance approving technical revision to the boundaries of a petition-initiated contiguous area. (Annexation 95-11-408 - Taco Bell Site on southern side of Owen Drive). Mayor Dawkins asked that the date in paragraph two of the memorandum of action be changed from November 20, 1996, to November 20, 1995. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE REVISING THE BOUNDARIES OF ANNEXATION 95-11-408. ANNEXATION ORDINANCE NO. 95-11-408R. A copy of the foregoing ordinance can be found in the clerk's office in Annexation Book 1996. P. Set public hearing for May 20, 1996, to consider an application by Bellsouth Personal Communications 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 telecommunications tower in a C3 Heavy Commercial District for an area located on the east side of Murchison Road, north of the intersection of U.S. 401 Bypass (Pamalee Drive). Containing 1.97 acres more or less and being the property of Chisolms' Auto, Inc., as evidenced by deed recorded in Deed Book 4183, Pages 293-295, Cumberland County Registry. The lease area within this 1.97 acre tract is described by a metes and bounds description and maps on file with the Planning Department. Q. (Pulled for discussion) 2.D. Adopt resolution approving exchange of property with G. Thomas Cliett and wife, Anne D. Cliett pursuant to N.C.G.S. 160A-271. Councilmember Massey pulled this item for discussion and clarification. City Attorney Robert C. Cogswell explained the boundary overlaps and stated that no money exchange was involved in this transaction. The dollar amount only reflected the appraised value. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE EXCHANGE OF PROPERTY BETWEEN THE CITY OF FAYETTEVILLE AND G. THOMAS CLIETT AND WIFE, ANNE D. CLIETT. RESOLUTION NO. R1996-026. Councilmember Massey moved to adopt the resolution, seconded by Councilmember McBryde and carried by a vote of 7 to 0 with Councilmembers Blackwell and Ross absent. Councilmember Ida Ross arrived at 7:17 p.m. A copy of the foregoing resolution can be found in the clerk's office in Resolution Book R1996. 2.G. Approve award of purchase contract for one 12 cubic yard dump truck to Patrick Ford, Inc. (Fayetteville), lowest responsible bidder in the amount of 55,509.96 with the Performance Bond included. This item was pulled by Councilmember Kendrick. Mr. Kendrick inquired about the delivery date. Mr. Craig Hampton stated this was a replacement vehicle and was not a shortage situation that required immediate delivery. The delivery date would be determined by the date Ford Motor Company completed building the truck. Councilmember Kendrick moved to approve the award of the contract, seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. Bids received were as follows: Patrick Ford Inc. (Fayetteville, NC) $55,509.96 Smith International Truck Center, Inc. (Fay., NC) $62,724.00 2.H. Authorize City Manager to execute Lease Agreement with R.L. Polk Company, for office space in old City Hall at 116 Green Street. Councilmember Kendrick inquired about the rental fee of $7.00 per square foot. Deputy City Manager Stancil responded this was a standard fee in this building. Councilmember Kendrick moved to approve, seconded by Councilmember Dempster. City Attorney Robert C. Cogswell requested that the following deletion be made in 17.c. on page 5: "in the alternative, LESSEE shall have the right to maintain said coverage through a program or self-insurance, or combination self-insured retention and excess coverage." Mayor Dawkins called for a vote and the vote carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. 2.M. Set public hearing for June 17, 1996, to consider speed limit reduction on the following: 1. Glenburney Dr from Cliffdale Rd to Fairfield Rd. 2. Mirror Lake Dr from Pinecrest Dr to its end. 3. Lakewood Court from Mirror Lake Dr to its end. 4. Spring Valley Rd from Mirror Lake Dr to its end. 5. Mirror Lake Place from Mirror Lake Dr to its end. Councilmember Smith pulled this item for discussion and inquired about the three cul-de-sacs being considered for speed limit reduction. Councilmember Kendrick stated the City's policy regarding this matter. Councilmember Smith moved to set the public hearings for June 17, 1996, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 2.Q. Adopt ordinance amending Chapter 7, Animals and Fowl, for enforcement of restriction on dangerous animals. Councilmember Torrey pulled this item for discussion. He inquired about the definition of a dangerous animal. A discussion ensued regarding the ordinance, the procedures currently used to enforce this ordinance, fencing, and the specific naming of animals considered to be dangerous and exotic. City Attorney Robert C. Cogswell explained this ordinance amendment was only to clarify the pick up of animals by the Animal Control. The issue of dangerous animals would require some research and the revision of a different ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 7, ANIMALS AND FOWL, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-004. Councilmember Torrey moved to adopt the ordinance, seconded by Councilmember Cheek and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. A copy of the foregoing ordinance can be found in the clerk's office in Ordinance Book S1996. 3. Consideration of adoption of an ordinance amending the abandoned car ordinance: (Second reading) To prohibit an exemption by covering a vehicle with a tarpaulin or making all internal compartments of the vehicle watertight. [Section 20-222(b)(3)]. Mayor Dawkins announced this is a second reading on this ordinance and no discussion can be held. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING § 20-222. EXCEPTIONS TO ABANDONED VEHICLES, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-005. Councilmember Kendrick moved to approve, seconded by Councilmember Cheek and carried by a vote of 5 in favor to 3 in opposition. Councilmembers Smith, Massey, and Ross were in opposition and Mayor Pro Tem Blackwell absent. A copy of the foregoing ordinance can be found in the clerk's office in Ordinance Book S1996. 4. Consideration of adoption of resolution requiring the paving of Fledger Street. Assistant City Manager Jimmy Teal presented three possible solutions on this issue with a recommendation to delay action for a year. Mr. Teal responded to Councilmember Kendrick's question from April 15, 1996, regarding the paving of unoccupied streets. Mr. Teal informed Council there had been no unoccupied streets paved by the City. Councilmember McBryde moved to select option three and delay any action on this issue for a year, seconded by Councilmember Kendrick. A question and answer period ensued regarding the effect of the delay on Ms. Blue DePrater's project, the effect on the bond issue, the economic development of this area, and the crime rate report. City Manager John Smith stated there were 95 occupied streets to be paved, and the paving of this street could result in one of those not being paved. Councilmember Ross stated her constituency was upset over the crime report presented at the April 15, 1996, meeting which left the impression this area was crime infested. The point was made that the report included incidences reported at HighSmith Rainey Hospital and was not indicative of the true crime rate for this neighborhood. Mayor Dawkins called for the vote on the motion to delay action and it carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. 5. Consideration of request to address City Council from Carol Burdge. Carol Burdge, 246 Waxhaw Drive, addressed Council regarding the Devonwood entrance incident with PWC. She made the following suggestions to help the communication between the citizens, City Council, and PWC: 1. The City Council should have a paid staff member to take calls from people and to work with PWC on their proposed projects. 2. One City Councilmember should be in charge of taking requests from citizens to look at projects going on in their neighborhoods. 3. The City Manager's office should not give out citizens' private telephone numbers to contractors. 4. Downtown revitalization should be delayed until things are together and everyone is working in concert. Mr. Tom McNeill, Property Acquisition Manager PWC, addressed the Council and presented the history of this project to include the entrance incident, the drainage of the lakes in the area, and the efforts put forth by PWC to work with the home owners. Councilmember Cheek thanked Mrs. Burdge for her comments and agreed with her recommendation to have a staff person as point of contact. She thanked everyone who had been responsive to this incident for their input. Councilmember Cheek announced there would be a meeting on May 9, 1996, to continue with the landscape planning in this area. Councilmember Kendrick stated this was another example of why long-range planning was necessary in order to prevent other neighborhoods from having to go through the same experience. 6. Consideration of approval of deed transferring Lots 34, 35, 36 and 37 in Habitat Village, Phase II, to Fayetteville Area Habitat for Humanity, Inc. Councilmember Kendrick moved to approve the transfer of the property, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. Mayor Dawkins stated that in excess of $13,000 had been paid in property taxes this past year on Habitat for Humanity property. 7. Consideration of approval of state airport aid grant agreements for Project 9.9444961 - Construct GA Auto Parking, and Project 99544962 - New GA Area Construction, Phase I. Mr. Brad Whited presented this item. Councilmember Smith moved to authorize the following grant agreements with the State of North Carolina, seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. A. WHEREAS, a grant in the amount of $16,000 has been approved by the Department based on a total estimated cost of $32,000 and WHEREAS, an amount equal to or greater than 50% of the total project cost has been appropriated by the Sponsor for this Project. NOW, THEREFORE, BE AND IT IS RESOLVED THAT the Mayor of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any mutually agreed upon modification thereof. B. WHEREAS, a grant in the amount of $102,495 has been approved by the Department based on a total estimated cost of $2,049,897 and WHEREAS, an amount equal to or greater than 50% of the total project cost has been appropriated by the Sponsor for this Project. NOW, THEREFORE, BE AND IT IS RESOLVED THAT the Mayor of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any mutually agreed upon modification thereof. 8. Consideration of award of purchase contract for two hydraulic refuse loaders to Cavalier Equipment Company, (Cloverdale, VA), sole bidder in the amount of $41,691.92, and waiver of performance bond requirement due to short delivery time and payment terms. City Manager John Smith presented this item. He explained that the equipment is comprised of 3 primary pieces; a 2-ton cab & chassis, an 18 ft. long dump body, and a hydraulic loader. All three items are purchased from different vendors. The first two items are purchased from state contract vendors. The last item is not available on state contract and must be bid. Councilmember Kendrick moved to award the bid and to waive the performance bond requirement due to the short delivery and payment terms, seconded by Councilmember Torrey and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. City Manager John Smith addressed the Council and the following is a verbatim of his statement: "Mr. Mayor, if I may, I should have spoken up to clarify item 5 in terms of telephone numbers being given out. I think what happened in that particular case the individual that was contacted was a consulting Engineer. When my office was called we didn't know what the project was and we contacted PWC and the matter was referred to the project Engineer and I think it was Moorman Kizer. I think this is where the call came from." 9. Consideration of adoption of two resolutions pursuant to N.C.G.S. 160A-31(c), fixing a date for a public hearing for two petition-initiated contiguous annexation areas: (Recommended public hearing date is May 20, 1996) Deputy City Manager Roger Stancil presented the following items: A. Property of Omega VII, a North Carolina Partnership located along southern side of Shaw Mill Road at Ridge Road. (To be developed as Pinewinds Subdivision.) 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. RESOLUTION NO. R 1996-027. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Cheek and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. B. Property of Riddle, Johnson and Kosterman, LLC. Located on the side of the old Jaycee Fairgrounds, south of CBD Loop Service Road and East of Gillespie Street. (To be developed as a commercial site.) 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. RESOLUTION NO. R1996-028. Councilmember Cheek moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. Councilmember Kendrick asked for information to be provided on whether building permits had been issued and on storm drainage. He wanted the information prior to the public hearing set for these two items. Copies of the foregoing resolutions can be found in the clerk's office in Resolution Book R1996. 10. Consideration of continuation of contract with American Refuse Systems for commercial garbage collection in annexed areas. Councilmember Ross moved to approve. City Manager John Smith requested to make revisions to the Amendment Of Agreement Commercial Solid Waste. The corrected text reads as follows: 2. TERRITORY. Paragraph 4 (Territory) of the Agreement entered into between the parties hereto on July 1, 1992, is amended to read "The territory covered by this Agreement shall be the corporate limits of the City of Fayetteville as of July 1, 1996, as amended from time to time until this contract is terminated or June 30, 1997, which first occurs." 3. TERMS. Paragraph 5 (Terms) of the Agreement entered into between the parties hereto on July 1, 1992, and as previously amended, shall expire on June 30, 1997, unless otherwise extended as allowed by Agreement. Councilmember Massey seconded the motion. A discussion ensued regarding the source of funds from the City Budget for the increase in charges, the involvement of the citizen committee in the negotiation of the contract, the plan for informing the public of the increased cost, and a review of the bidding history. City Manager John Smith stated the major portion of the increase was due to landfill charges and not to collection charges. Mayor Dawkins called for the vote and the motion carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. 11. Presentation of Community Development Consolidated Plan Budget. Assistant City Manager Ben Brown presented the following report: Fayetteville Consolidated Plan, 1996-97 Executive Summary One-Year Action Plan: Activities and Use of Funds Anticipated Funding and Sources: CDBG FY96-97 (Year 22) = $1,206,000 HOME = $517,000 City (HOME Match) = $51,700 Prior Year's CDBG = $1,100,815 TOTAL = $2,875,515 BUDGET CDBG HOME Prior Yr.$ TOTAL (Year 22) (Year 22) (Year 21) HOUSING ACTIVITIES 1. Down payment/Homeownership $50,000 $38,865 B $88,865 Assistance 2. Rehabilitation: Loan Pool $264,800 389,450 245,300A&B 899,550 3. CHDO's Set-aside 77,550 38,150 B 115,700 4. Emergency Home Repair Program 120,000 45,000 A 165,000 5. Housing Needs Service Plan for 20,000 20,000 Newly Annexed Areas 6. Multi-Family Development 50,000 50,000 Feasibility Study HOMELESS SERVICE 1. Assistance to Homeless Day Center 20,000 20,000 2. Transitional Housing 135,000 135,000 A 270,000 3. Homeless Shelter Utility Assist. 25,000 25,000 (Public Service) COMMUNITY DEVELOPMENT 1. Develop Neighborhood Resource 170,000 A 170,000 Centers 2. Orange Street School Restoration 10,000 10,000 3. Beautification/Demolition/Clearance 10,000 10,000 4. Capacity Building Training 10,000 10,000 5. Myers Rec Center Expansion 135,000 A 135,000 PUBLIC FACILITIES 1. Street Paving Assessment Fees for 75,000 A 75,000 Low-Income ECONOMIC DEVELOPMENT 1. Micro-Enterprise Program Feasibility 50,000 A 50,000 Study 2. EDI for EC/EZ 300,000 100,000 A 400,000 GENERAL ADMINISTRATION 241,200 51,700 68,500 A 361,400 TOTAL $1,206,000 $568,700 $1,100,815 $2,875,515 Source of prior year funds A = CDBG B = HOME Mr. Brown went into detail with each line item as to how the funds would be expended to best meet the needs of the citizens. He stated the plans were to do a survey to determine the needs of both newly annexed areas and the remainder of the City. The survey would enable the City to respond by better planning of what is needed prior to and after an annexation. He discussed setting aside funds to work with the Marvin Plan in respect to low-moderate income housing. An in-depth question and answer period ensued. Councilmember Cheek requested that the assistance to lower income families in the payment of paving assessments be expanded in the future to include water and sewer assessments. Councilmember Massey stated he felt the survey was a pro-active step to determine the kind of things needed by the citizens of Fayetteville. The Councilmembers expressed their support for educating and training citizens to enable them to take responsibility for neighborhood resource centers and to make their own decisions for their individual areas. Councilmember Cheek expressed her opinion the City should work as a liaison with the Housing Authority in the proposed Grove View Terrace move, a developer should be involved in the feasibility study, the guidelines for the use of CBDG funds should be less strenuous and the City should subsidize salaries for Neighborhood Services Center staff. Mayor Dawkins stated he believed people wanted to improve their own situations and were willing to work to accomplish their goals. Councilmember Kendrick expressed his support for collaboration with other resource centers for the best utilization of all available resources. He stated he felt the funds for demolition and assessments were inadequate. Councilmember Massey inquired about hiring people with specific job skills to train citizens in the areas that would empower them to independently maintain and operate their own neighborhood organizations. He expressed his support for a coalition between the City, Department of Social Services, Fayetteville Technical Community College, and Employment Security Commission, and the Job Training Center to accomplish this task. Councilmember Smith moved to approve the proposed budget, seconded by Councilmember Cheek and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. 12. Consideration of request from Councilmember Cheek to discuss extension of term limits on City boards and commissions. Councilmember Cheek presented this item. She expressed her opinion that because of the complexity of projects being taken on by the City she would like to recommend that the terms on Boards and Commissions be increased to three consecutive terms rather than the two consecutive terms set out in the current policy. A discussion ensued regarding the length of the terms. City Attorney Robert C. Cogswell explained the current policy. Councilmember Cheek moved to refer this issue to the Policy Committee, seconded by Councilmember Dempster. The vote carried 7 to 1 with Councilmember Kendrick in opposition and Mayor Pro Tem Blackwell excused. 13. APPOINTMENTS: A. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. No nomination was made. B. Election of nominee to fill one vacancy on Historic Resources Commission. Mayor Dawkins called for the vote on Lucy Wofford. There were 6 votes for Ms. Wofford and Mayor Dawkins declared her the appointee. Councilmember Massey expressed his opposition to category 5 being limited to a property owner, because it would exclude input from other parts of the community. Councilmember McBryde stated that the Council chose and voted on category 5 because they felt it was important and he did not feel the historic district was restrictive and it did allow diversity. C. Appearance Commission Replacement Councilmember Cheek asked the staff or chair of the commission to contact Ms. Judy Dorman regarding her tentative resignation. Mayor Dawkins asked Mr. Teal to check with Mr. Kizer regarding this matter and advise Council. Councilmember McBryde asked if Monday, May 13, 1996, at 7 o'clock would be appropriate for a Policy Committee meeting. He requested back-up material be provided by Wednesday or Thursday. 14. ADMINISTRATIVE REPORTS: A. Quarterly activities report from City Manager. (First quarter of 1996) - Inserted in packet. INFORMATION ITEMS: 1. Thank you note from Dr. Breeden Blackwell. 2. Copy of letter from N.C. DOT regarding installation of traffic signal at intersection of Ramsey Street and Kinlaw Drive. Councilmember Smith expressed his surprise that the stop signal met only one criteria. He stated he planned to pursue the political avenue and was going to meet with the Department of Transportation, Tony Rand and Billy Richardson in Raleigh, on May 14, 1996. City Manager John Smith stated the letter in the agenda packet was written in response to his letter to the Department of Transportation, informing them the City would make funds available for this stop light. He informed Council the City cannot put up the light. It must be done by the Department of Transportation. 3. Copy of HUD letter approving the 108 Loan for Seabrook Pool. 4. PWC - fee schedule for water and sanitary sewer assessment fees for Phase II Annexation. Single Family Residential, per Lot: Water $1,545.00* Sewer $2,605.00* Water & Sewer $4,065.99* Multi-Family, Commercial & Industrial Properties: Water Main Charge - per front foot $13.33 Sewer Main Charge - per front foot $23.33 1" Water Service Lateral ** $345.00 4" Sewer Service Lateral ** $505.00 * Includes Main and Service Lateral Charges **Laterals larger than minimum stated will be assessed PWC's standard charges 5. Status report on resurfacing various streets. 6. Report on bond projects. Councilmember Cheek thanked the staff for their quarterly reports. She requested that in the future in addition to quarterly reports there be included a brief summary which ties the reports directly into the Council's objectives. Councilmember Cheek requested the Sycamore Dairy Road and McPherson Church Road intersection project be scheduled for construction earlier. She felt it would be better that this area not be under construction during the holidays. 7. Traffic Operations Report - Hay Street and Bradford Avenue. Councilmember Kendrick requested this report be updated through April 30, 1996. 8. NCLM - Property Issues Study Committee Recommendations. 9. Appearance Commission - minutes of March 26, 1996. 10. Police Department - Update on Ruggles Court. 11. PWC - minutes of March 27, 1996. 12. Blue Ribbon Panel on Air Service - minutes of February 14, 1996. 13. Airport Commission - minutes of March 26, 1996. 14. Recreation and Parks Advisory Commission - minutes of March 25, 1996. 15. Planning Board - minutes of April 2, 1996. 16. Historic Resources Commission - minutes of March 26, 1996. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. The meeting adjourned at 10:00 p.m. REGULAR MEETING MAY 20, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER MAY 20, 1996 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Jim Smith (District 1); Ida Ross (District 2) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer George Vaughan, Planning Board Al McKenzie, Personnel Director Brad Whited, Airport Director Steve Blanchard, PWC Manager James Rose, PWC Support Services Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend S. Lee Downing, Friendship Baptist Church, Fayetteville, North Carolina, followed by the Boy scout Troop 77, Snyder Baptist Church, leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Ms. Mandy Pittman, Executive Director of the Fayetteville Dogwood Festival, presented the City with the official 1996 Dogwood Festival poster. Ms. Pittman thanked the City for its support and the hard work of its staff and employees during the festival. Mayor Dawkins announced Councilmember Ross was in the hospital for tests and Councilmember Smith's wife was having surgery. Councilmember McBryde moved to excuse Councilmembers Ross and Smith, seconded by Mayor Pro Tem Blackwell and carried unanimously 7 to 0 with Councilmembers Ross and Smith absent. 1. APPROVAL OF AGENDA City Manager John Smith requested to add 8.D., Legislative Issues, to the agenda. Mayor Dawkins requested that items 7.B, 7.C., 7.D., 7.E., and 7.F. be removed from the agenda and placed on the June 3, 1996, agenda. Councilmember McBryde moved to approve the agenda with the exceptions of items 7.B. through 7.F. and the addition of item 8.D., seconded by Councilmember Kendrick and carried unanimously 7 to 0 with Councilmembers Ross and Smith excused. 2. CONSENT: Councilmember Kendrick requested to pull item 2.B. and moved to approve the consent agenda with the exception of item 2.B., seconded by Councilmember Torrey and carried by a vote of 7 to 0 with Councilmembers Ross and Smith excused. The following items were unanimously approved: A. Approve minutes of special joint meeting with Cumberland County Board of Commissioners on April 29, 1996. B. (Pulled for discussion) C. Set public hearing for June 17, 1996, to consider the paving of: 1. Cardinal Circle from North Plymouth Street to North Plymouth Street to include that portion of Cardinal Circle which abuts Lots 92 through 96, Plat Book 10, Page 24, Cumberland County Registry; 2. Cardinal Court (formerly Oriole Drive) from Cardinal Circle to cul-de-sac; 3. Robin Street from Cardinal Circle to Cardinal Circle; 4. Lark Street from the southern portion of Cardinal Circle northerly to the northwest corner of Lot 65, Plat Book 10, Page 24, Cumberland County Registry and Lark Street from the northern portion of Cardinal Circle southerly to the southwest corner of Lot 55, Plat Book 10, Page 24, Cumberland County Registry PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION. RESOLUTION NO. R1996-029. A copy of the foregoing resolution can be found in the clerk's office in Resolution Book R1996. D. Approve award of contract for purchase of one Total Organic Carbon Analyzer to Shimadzu Scientific, sole source supplier in the amount of $25,125.50.(PWC) E. Approval of the following PWC Capital Project Fund Budget Amendments: 1. Electric, Water & Sanitary Sewer System '92 Capital Project Fund, Amendment #3. 2. Water & Sanitary Sewer System Annexation Capital Project Fund - Phase 1, Amendment #2. 3. 1993 Revenue Refunding Bonds Construction Capital Project Fund, Amendment #1. F. Approval of the Water & Sanitary Sewer System Annexation Capital Project Fund - Phase II.(PWC) G. Approval of appointment of Linda H. Johnson as "Deputy Tax Collector" for PWC for purpose of collecting assessments for water and sanitary sewer utilities.(PWC) 2.B. Approve minutes of regular meeting of May 6, 1996. Councilmember Kendrick requested to change a word on page 158 from "while" to "why" and to clarify the item number in the verbatim statement made by City Manager John Smith. Councilmember Kendrick moved to approve the minutes with the above requested changes, seconded by Councilmember Dempster and carried unanimously 7 to 0 with Councilmembers Ross and Smith excused. 3. PUBLIC HEARINGS: Mayor Dawkins set out the time limits for addressing the Council on public hearing and non-public hearing items. A. Consideration of adoption of two ordinances to extend the corporate limits of the City of Fayetteville, N.C. (Two petition-initiated contiguous annexation areas.) 1. Property of Omega VII, a N.C. Partnership. Located along southern side of Shaw Mill Road. (To be developed as Pinewinds Subdivision) Deputy City Manager Roger Stancil presented this item. He recommended the adoption of the annexation ordinance to be effective May 20, 1996. A discussion was held prior to the public hearing regarding the impact of the annexation on services provided by the City, the tracking system to be used to monitor the service impacts, reporting of the impacts to the Council, environmental factors, and the effect of wetlands on property development. A major point of concern was the fact that when the City annexes an area, the county's regulations stay in effect until the City does the initial zoning for the area (usually a 30 to 60 day process.) This allows the issuance of building permits by the County in newly annexed areas during this 60 day period. Currently the agreement with the county is if a piece of property is in the City and a plat is submitted, it is sent to the City for comment, but a building permit can be issued prior to the initial rezoning without review by the City. Councilmembers requested City Attorney Robert C. Cogswell to research the issue of whether the initial zoning process could be initiated prior to the effective date of annexation. The question was raised if the City could ask a petitioner to voluntarily agree not to get a building permit until the property has been rezoned by the City. Mr. Cogswell replied in the negative. This is the advertised public hearing for this date and time. The public hearing opened at 7:32 p.m. Mr. Marland Reid appeared in favor. There was no opposition to this matter. The public hearing closed at 7:33 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ANNEXATION ORDINANCE NO. 96-05-412. After examination of the report of plans for extending services to the area to be considered for annexation Councilmember Cheek moved to approve the ordinance, seconded by Councilmember Kendrick and carried unanimously by a vote of 7 to 0 with Councilmembers Ross and Smith excused. 2. Property of Riddle, Johnson & Kosterman, LLC. Located on the site of the former Jaycee Fairgrounds, south of the CBD Loop Service Road (Elizabethtown Road) and east of Gillespie Street. (To be developed as a commercial site.) Deputy City Manager Roger Stancil presented this item and recommended adoption of the ordinance to be effective May 20, 1996. He stated the advantage in this property is it has already been reviewed because part of it is in the city and one of the conditions placed by the Planning Board is that all street and drainage plans must be reviewed by the city engineer. This is the advertised public hearing set for this date and time. There was no one present to speak in favor or opposition. The public hearing opened and closed at 7:36 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ANNEXATION ORDINANCE NO. 96-05-413. Mayor Pro Tem Blackwell moved to adopt the ordinance, seconded by Councilmember McBryde and carried unanimously 7 to 0 with Councilmembers Ross and Smith excused. Copies of the foregoing annexation ordinances can be found in the clerk's office in Annexation Book 1996. B. Consideration of an application by BellSouth Personal Communications 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 telecommunications tower in a C3 Heavy Commercial District for an area located on the east side of Murchison Road, north of the intersection of US 401 Bypass (Pamalee Drive) and being the property of Chisolms' Auto, Inc., as evidenced by deed recorded in Deed Book 4183, Pages 293-295, Cumberland County Registry.(P96-32) George Vaughan, Planning Director presented this item and recommended the issuance of the Special Use Permit. Councilmember Torrey inquired about the mailing list used to notify surrounding property owners. Mr. Vaughan stated the statutory requirements had been met. This is the advertised public hearing set for this date and time. The public hearing opened at 7:46 p.m. After being sworn in, Mr. Stacy Weaver, Attorney for BellSouth Personal Communications, Mr. Keith Lee, and Mr. John Weldon of BellSouth Personal Communications, 120 South Center Court, Morrisville, North Carolina, appeared in favor of the Special Use Permit. Appearing in opposition to the Special Use Permit were Mr. Joseph A. Lawrence, 913 Fiske Drive, Fayetteville, North Carolina, and Mr. Charlie L. Mott, 907 Fiske Drive, Fayetteville, North Carolina. A petition was presented to the Council from the citizens of University Estates stating their opposition. Both speakers requested that the tower be placed in another area. Appearing in rebuttal of the opposition was Mr. Jim Cain, and Mr. Gerry Dorazio of BellSouth Personal Communications, 120 South Center Court, Morrisville, North Carolina. Mr. Cain and Mr. Dorazio addressed the opposition's questions regarding future carriers, the accumulative effect of EMF rays on children in the neighborhood, and the potential of EMF rays to set off gas storage tanks in the area. There being no one further to speak, the public hearing closed at 8:17 p.m. Councilmember Torrey moved to deny the request for the Special Use Permit, seconded by Councilmember Massey. City Attorney Robert C. Cogswell informed the Council they could not vote on the permit, because the ordinance required an official approval from the Appearance Commission before Council's approval. It was his opinion that the Appearance Commission's approval should be a part of the Council's records. Councilmember Cheek made a substitute motion to continue this item until the first meeting in June with the stipulation that BellSouth meet with the neighborhoods to address their concerns. A report should be made to the Council. This motion was seconded by Councilmember Dempster. Councilmember Massey withdrew his second and expressed his support for the substitute motion and asked to be informed of the neighborhood meeting. Mr. Lee stated that BellSouth would be happy to meet with the neighborhoods. Councilmember Dempster thanked BellSouth for their professionalism throughout this process. Mayor Dawkins called for the vote. The substitute motion carried by a vote of 7 to 0 with Councilmembers Ross and Smith excused. C. Consideration of adoption of a resolution closing Whitney Drive from Ranier Drive/Palomar Street northwardly to the southernmost line of Tri-Player Investment's property. City Manager John Smith presented this item. He recommended adoption of the resolution closing the street and reserving the underground utility easement. This is the advertised public hearing set for this date and time. The public hearing opened at 8:14 p.m. Appearing in favor of the street closing were Mr. Stephen Runkle, 310 Whitney Drive, Mr. Larry McGlothlin, 303 Whitney Drive, and Mr. Frank Moenic, Whitney Drive. Mr. Runkle presented a petition with 138 signatures in favor of the street closing. There being no one to speak in opposition, the public hearing closed at 8:46 p.m. RESOLUTION AND ORDER CLOSING A PORTION OF WHITNEY DRIVE. RESOLUTION NO. R1996-030. Councilmember Kendrick moved to adopt the resolution, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 7 to 0 with Councilmembers Ross and Smith excused. A copy of the foregoing resolution can be found in the clerk's office in Resolution Book R1996. 4. Consideration of the following Airport matters: Airport Director Brad Whited presented the following items: A. Acceptance of Amendment No. 1 to AIP-14 and authorizing Mayor to execute. Councilmember McBryde moved to authorize the Mayor to execute, seconded by Councilmember Kendrick and carried unanimously 7 to 0 with Councilmembers Ross and Smith excused. B. Adoption of Capital Project Ordinance Amendment 96-5 (General Aviation improvements - discretionary federal funds.) Councilmember Dempster moved to adopt the ordinance, seconded by Mayor Pro Tem Blackwell and carried unanimously 7 to 0 with Councilmembers Ross and Smith excused. C. Approve Reimbursable Agreement between FAA and City of Fayetteville for relocation of cable. Mayor Pro Tem Blackwell moved to authorize the execution, seconded by Councilmember Massey and carried unanimously 7 to 0 with Councilmembers Ross and Smith excused. 5. Consideration of amendment to residential solid waste collection contract with American Refuse Systems. Deputy City Manager Roger Stancil presented this item. He stated the City was currently negotiating service contracts with three small garbage haulers who would provide service to 1,000 of the 5,000 single residential houses in the newly annexed area. He stated ARS will extend their contract into the annexed area for a charge of $5.95 per month per household. He recommended the authorization of the City Manager to negotiate an amendment to the current contract with ARS for residential solid waste collection to include those households in the newly annexed areas that are not covered by contracts with the other garbage companies. Councilmember Massey moved to approve, seconded by Councilmember Dempster and carried unanimously 7 to 0 with Councilmembers Ross and Smith excused. 6. Report from Policy Committee. Councilmember McBryde, Chairman of the Policy Committee, presented the following items. He reported that the Policy Committee had met on May 13, 1996, and made the following recommendations. 6.1. Consideration of policy on setting public hearings. Councilmember McBryde stated Policy No. 120.5 - Setting Public Hearings - would expediate zoning matters and eliminate having an item on the agenda twice. He requested that the following be added to the policy: "The City Council will be notified of these hearings through administrative reports." Councilmember McBryde moved to adopt the policy with the addition set out above, seconded by Councilmember Massey and carried unanimously by a vote of 7 to 0 with Councilmembers Ross and Smith excused. Councilmember Cheek inquired as to public notification. City Manager John Smith stated the pending public hearings would be published in the agenda. 6.2. Consideration of policy on nominees addressing City Council. Councilmember McBryde presented Policy No. 110.4 - Nominees addressing City Council - and requested that the following language be added to the last line: "at a City Council Meeting." This phrase should be placed between the words "Council" and "concerning." Councilmember McBryde moved to adopt Policy No. 110.4 with the above set out addition, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 7 to 0 with Councilmembers Ross and Smith excused. 6.3. Report on discussion of airport authority. Councilmember McBryde stated the Committee voted unanimously to recommend Council not pursue the option of establishing an airport authority. 6.4. Report on discussion of policy regarding Council committees. Councilmember McBryde reported the committee concluded the current policy precludes discussion by any committee of any topic not referred by the City Council. This applies to the Liaison Committee as well as those appointed solely from Councilmembers. That committee, of course, can also discuss items placed on their agenda by the County Commissioners. Upon motion by Councilmember Smith, seconded by Councilmember Massey, the committee voted unanimously to go back to Council with the policy as currently adopted, recommend that it stay as is, and discuss for clarity with the entire Council. Mr. McBryde informed the Council the County's Policy Committee had met and voted unanimously to recommend this same policy to the Board of Commissioners for their adoption. A lengthy discussion ensued with specific situations being addressed in an effort to clarify what subjects could be brought up and discussed by the Liaison Committee. The consensus was that an issue brought up by either the City Council or Board of Commissioners, a continued item, or spontaneous issues resulting from an approved item could be addressed. However, no new issue could be placed on the agenda by city members without prior approval from the Council as a body. The Council stated its belief that the City County Liaison Committee was an important committee to the citizens of both the City and the County because it encouraged ongoing communications between the two bodies. Mayor Pro Tem Blackwell stated he could not support this policy if it meant he would not be allowed to ask questions when he felt it was necessary for his understanding of an issue. The policy remains as is. 6.5. Report on discussion of policy on terms for members of boards and commissions. Councilmember McBryde stated the committee discussed the terms of appointment to City Boards and Commissions. During discussion, the committee agreed that the current policy of limiting terms increases the opportunities for all citizens to serve. Upon motion by Councilmember Smith, seconded by Councilmember Massey, the committee voted unanimously to recommend that the current policy remain as it is. A lengthy discussion ensued with Councilmember Cheek expressing her opinion that the terms of each Board and Commission should be reviewed with consideration being given to the enormous impact these Boards and Commissions will have during the next 10 to 15 years on long range planning. She felt there is a definite need for institutional memory and continuity on the Boards. Councilmember Torrey expressed his support of Councilmember Cheek's stand and suggested that the issue be tabled until the Council's retreat. Councilmember Massey stated his support for the term limitations and said it was encumberment on the Council to look carefully at the qualifications of persons being placed on the Boards and Commissions to be sure they meet requirements. He also stated the limitations would make government more available to all of the citizens. Councilmember Dempster felt the issue needed an in-depth study and suggested a moratorium on the appointments. Councilmember Cheek requested this item be placed on the agenda for the May Information Meeting when all members, after reviewing the material, could be present. Mayor Pro Tem Blackwell stated he had a problem with the timing of the change in this policy and to change the rules for these appointees would be unfair in his opinion. 7. APPOINTMENTS: A. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. No nominations were made at this time. Items 7.B. through 7.F. were removed from the agenda for placement on the June 3, 1996, agenda. B. Nominations to fill four vacancies on Airport Commission. C. Nominations to fill one vacancy on Joint Planning Board. D. Nominations to fill one vacancy on Joint Storm Water Advisory Board. E. Nominations to fill one vacancy on Public Works Commission. F. Nominations to fill one vacancy on Public Works Commission Retirement Board. G. Nominations to fill one vacancy on Fayetteville Appearance Commission. Councilmember McBryde moved to remove Ms. Judy Dorman from the Commission due to illness and nominated Ms. Margaret Hedgecoe to fill the term which expires in December 1996. 8. ADMINISTRATIVE REPORTS: A. Discussion of the naming of conference rooms in City Hall. City Manager John Smith presented this item. Councilmember McBryde moved to send this item to the Building and Property Committee, seconded by Councilmember Kendrick. A discussion was held and Councilmember McBryde withdrew his motion. Mayor Pro Tem Blackwell moved the rename the conference rooms as follows: Present Name Recommended Name First Floor Multi-purpose Room Lafayette Room Second Floor Conference Room Cambellton Room Third Floor Conference Room Cross Creek Room Councilmember Massey seconded the motion and it carried unanimously 7 to 0 with Councilmembers Ross and Smith excused. B. Report on Drake Park drainage issues. Councilmember Kendrick asked for a report from staff on the paved streets in the city without drainage. C. Discussion of regulations of exotic animals. Councilmember Torrey stated he had mailed to Mr. Cogswell a letter asking him to present Council with a control ordinance. D. Legislative Issues 1. Multi-Member City Council Districts. City Manager John Smith presented this item. He informed Council it appeared the bill to allow multi-member city council districts as an option under the City Charter will not be introduced, because of opposition within the local delegation. The deadline for introducing local bills is next week. 2. Amendment to the City Charter of the City of Fayetteville Mr. Smith presented this item and stated several years ago the City Charter was amended to allow for a change in procedure for rezoning cases. The amendment included the phrase, "Cumberland County Joint Planning Board." The joint planning board, which is a creation of an inter-local agreement, should not be included in the City Charter of the City of Fayetteville. He stated the amendment to remove that phrase would not in any way alter any procedure or affect the structure of the current planning board. Councilmember McBryde moved to support the City Manager and the Charter revision, seconded by Councilmember Cheek and carried unanimously 7 to 0 with Councilmembers Ross and Smith excused. Mayor Pro Tem Blackwell requested that City Manager John Smith try again to set up a meeting with the County Commissioners regarding the Zoning Board matter. He asked Mr. Smith to report back at the Information Meeting. INFORMATION ITEMS: 1. Response to Council request for comments from City appointees to Planning Board. 2. Police Department - Professional Standards monthly report for the month of April, 1996. 3. Report of taxes collected for the month of April, 1996, from the Cumberland County Tax Collector. 1995 Taxes 142,331.56 1995 Vehicle Taxes 173,211.40 1995 FVT 20,742.10 1995 Storm Water 22,577.57 1994 Taxes 6,284.93 1994 Vehicle Taxes 2,978.35 1994 FVT 545.00 1993 Taxes 3,045.03 1993 Vehicle Taxes 84.38 1993 FVT 50.00 1992 Taxes 3,203.17 1992 FVT 45.00 1991 & Prior Real & Personal Taxes 2,745.71 1991 FVT 29.45 Total Interest 12,802.59 Storm Water Interest 964.39 Total Collections 391,640.63 4. Memo regarding mailboxes on sidewalk projects. 5. Memo regarding traffic items. 6. Board of Adjustment - minutes of March 20, 1996. 7. PWC - minutes of April 24, 1996. 8. Planning Board - minutes of April 16 and April 30, 1996. 9. Planning Department - Report for March, 1996, of subdivision and site development plans - inserted in packet. 10. Police Department - 1995 Annual Report - inserted in packet Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously 7 to 0 with Councilmembers Ross and Smith excused. There being no further business the meeting adjourned at 10:30 p.m. INFORMATION MEETING MAY 28, 1996 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER MAY 28, 1996 7:00 P.M. Present: Mayor J.L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Ida Ross (District 2); Robert A. Massey, Jr. (District 3) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Ron Hansen, Chief of Police Frank Simpson, Inspections Director Kai Nelson, Finance Director Brad Whited, Airport Director Steve Blanchard, PWC Manager Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Councilmember Thelbert Torrey, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins announced that Councilmembers Massey and Ross would not be present. Mayor Pro Tem Blackwell moved to excuse Councilmembers Ross and Massey, seconded by Councilmember Smith and carried unanimously by a vote of 7 to 0 with Councilmembers Ross and Massey absent. 1. APPROVAL OF AGENDA City Manager John Smith requested to add item 7., Fayetteville Generals Request for Firearms Permit on May 31, 1996. Councilmember McBryde moved to approve the agenda with the addition of item 7., seconded by Councilmember Dempster and carried unanimously 7 to 0 with Councilmembers Ross and Massey excused. 2. PUBLIC FORUM Mayor Dawkins announced the public forum. He stated the time limit would be thirty minutes with all questions from Council to be heard after the public forum was closed. Mr. Louis P. Smith, 307 Campbell Avenue, Fayetteville, North Carolina, addressed the Council and asked for their support in the demolishing /repair of houses in the Wilmington Road area. He also requested the City Inspections Department to have the owners of vacant lots clean their property so the neighborhood would reflect the citizens' pride. Mr. John "Mac" Healy, Chairman of the Complete Fayetteville Once and For All Committee, addressed the Council regarding the Robert Marvin Contract. He stated that the contract between Robert Marvin and the Complete Fayetteville Once and For All Committee is in its final stages and the last part of the contract was to be cost estimates. When this project began the committee was told that with the completion of this contract the next step would be to hire someone to do schematic drawings for a better cost estimate. Mr. Healy stated he felt the Management Committee's task was to be good stewards of this money and it was for that reason the Committee was deciding to pursue looking at the elimination of a step in the process and allocate those monies toward the schematic drawing phase. He said this would save money, give more accurate costs, and would save the city and county taxpayers as much money as possible. Mr. Al Albert, 3023 Brechin Road, Fayetteville, North Carolina, addressed the Council regarding the image of the City of Fayetteville. He stated the belief that government should give public support for visual arts, music, vital urban landscape with handsome buildings, and for downtown business development. These expenditures would not be a foolish waste of taxpayers dollars, but would be a wise and profitable investment in tangible and life enhancing symbols of a community that has pride in itself. He read an editorial from the Raleigh News and Observer which he felt applied to the City of Fayetteville. Ms. Pat DeYear, 905 Brookhaven Drive, Fayetteville, North Carolina, addressed the Council with the following concerns: 1. Downtown revitalization 2. New Senior Citizens Building 3. Closure/Renovation of the Blue Street Center 4. Use of kitchen at Honeycutt Center 5. More input from Senior Citizens 6. Fenced and secure parking lots to leave cars in when on a trip sponsored for Senior Citizens. Mayor Dawkins requested that staff respond to Ms. DeYear's questions regarding the closure of Blue Street Senior Citizens Center, the kitchen problem at Honeycutt, and the parking issue. Ms. Hattie Odom, 3305 Mandalay Drive, Fayetteville, North Carolina, addressed the Council regarding the need for a new senior citizens facility. She stated that if an activity has over 100 participants they have to go to a private facility. She would like to see a new enrichment center for the senior citizens. She thanked the Council for all they have done, but requested they not delay action on this issue. She stated that senior citizens have a lot to offer the community. Mr. John C. McCloskey, 642 Welsh Place, Fayetteville, North Carolina, addressed the Council regarding the anticipated increased demand for services and facilities resulting from the "baby boomers generation" reaching senior citizen status and that plans be made now for the future needs of the community. Mayor Dawkins closed the Public Forum at 7:35 p.m. Mr. Robert Barefoot, Recreation/Community Facilities Director, responded to the issues brought up by Ms. DeYear. He stated there were no plans to close the Blue Street Center and the closing would require action from the Council. Mr. Barefoot agreed that the building design of the Blue Street Center was inadequate and there was a need to expand. He stated the City was trying to address the expansion by using other facilities throughout the City, as well as the Blue Street Center for Senior Citizens Activities. Mr. Barefoot explained the contract at the Honeycutt facility was with Mr. Jeff Robinson, a caterer, and not with the Kiwanis Club. Mr. Robinson's Catering Service prepares all on-premise foods. If prepared food is brought on the site accommodations will be made for the use of the microwave. Mr. Barefoot stated there were three facilities that could accommodate a sit-down dinner for 270 persons and suggested the Senior Citizens utilize these rooms. In response to the secure parking areas, Mr. Barefoot stated he did not have a solution to that problem at this time. Council asked Mr. Mac Healy to return to the microphone for questions. Councilmember McBryde inquired as to the dollar amount being saved by the Management Committee. Mr. Healy stated the savings would be approximately $15,000. Mayor Pro Tem Blackwell inquired about the newspaper articles and stated he felt the citizens' interpretation was that Mr. Marvin will not do any work until he gets $150,000 in August. Mr. Healy responded the current contract will end at the rough phase estimate and the next phase would be the schematic drawings. Mr. Healy also stated that Mr. Marvin will not go into the schematic drawing phase without a contract for his services. Councilmember Cheek told Mr. Healy the Council is participating in the Complete Fayetteville Once And For All for the long haul, and it is a very complex project. However, she did not feel the Council was getting the updates needed and it was time for Council to become more knowledgeable of the committee's work. Ms. Cheek's solution was to open the channels of communication so everyone could understand the scope and flow of downtown revitalization. She requested that at the next Council meeting a report be given as to how the flow will be for the next one or two years and that minutes be provided of the Management Committee's meetings. Councilmember Kendrick thanked Mr. Healy's committee for delaying the process until accurate figures could be obtained. He felt the citizens needed to know the actual costs. Councilmember Smith, Dempster, McBryde, and Cheek expressed their opinions that more communication and input was needed before the Council could make a commitment on the monies requested. 3. Presentation by Joint Fayetteville-Cumberland County Senior Citizens Advisory Commission. Mr. Bob White, Chairman of the Joint Senior Citizens Advisory Commission, presented this item. He requested the Council's endorsement of the proclamation set out below, their help in building a one-stop quality of life center in the downtown area for senior citizens, and a donation of $15,000 to help organize their non-profit organization, Senior Call to Action Team, Inc. Mr. White informed Council the county had contributed $15,000 toward this project. A discussion ensued regarding the utilization of the current recreation facilities in the city and county, transportation to these centers, funding from the state, desire for their own space, open meetings for public input, and cost of similar facilities in North Carolina. Councilmember Cheek moved to endorse the following proclamation, seconded by Councilmember McBryde and carried unanimously by a vote of 7 to 0 with Councilmembers Ross and Massey excused. PROCLAMATION ---------------------------------- FRIENDS OF SENIOR CITIZENS - May 7, 1996 Senior Call To Action Team Ad Hoc "Think Tank Committee" Whereas: The need exists to perform a long-range, full-needs analysis of our Senior Citizens issues and better educate the aging population on the opportunities and ongoing programs now provided in this community. We seek the aid and assistance of our elected officials, Chamber of Commerce, Fayetteville partnership, Downtown Development Committee, Retired Military, AARP Retirees, Senior Citizens Club Presidents, local Churches, area Colleges and Civic and Private Organizations. Whereas: Other cities and counties in this state such as Sanford, Lee County; Wilmington, New Hanover County; Charlotte, Mecklenburg County, and Cary, Western Wake County have formulated Senior nonprofit 501-(C)-3 organizations which have allowed charitable contributions and grant funding to help build beautiful new centers; and Whereas: The 29,000 Senior Citizens in Cumberland county are expected to increase to over 58,000 by the year 2020. We need to build a regional "Quality of Life Center" to provide social and recreational facilities preferably to be located in the downtown Fayetteville area and to be the hub of the entire region. We seek elected officials and community support to plan for and establish five senior centers over a 15-year period in various areas of Cumberland County. Whereas: Those who sign this proclamation feel adamantly that the Regional "Quality of Life Center" - A stand-alone structure made possible by a joint venture between public and private citizens, industry, city, county, state and federal funding - could be the cornerstone for the downtown redevelopment and that the other centers are required for growth expansion. We feel strongly that the needs of our Senior Citizens should be identified and studied. and That resolutions be established through the combined efforts of the Chamber of Commerce, Metrovisions Committee, the colleges and university, social and mental health agencies, with guidance and advice from the joint committee of the city/county Senior Citizens Advisory Commission. 4. Discussion of policy on terms for members of boards and commissions. Councilmember Cheek moved to amend City Council Policy No. 110.2 so that the terms of members appointed to City boards and commissions would be eligible to be reappointed for three terms without regard to the length of the term, seconded by Councilmember Torrey. Mayor Pro Tem Blackwell expressed his opposition to the timing of this policy change. He stated he could not support the motion but would support it after current appointments have been made. Councilmember McBryde agreed with Mayor Pro Tem Blackwell's thoughts and felt this was not the time to change this policy but thought it should be brought back up later. He stated he would vote against the motion. Councilmember Smith agreed with Mr. Blackwell but expressed his desire to have an in-depth study done regarding the training required, the nature of the business of each board, type of commitment required and the dollars involved. After this has been done the terms can be looked at and a determination made as to the length of each term. Councilmember Smith offered a substitute motion to delay action on this item until a later date, seconded by Mayor Pro Tem Blackwell. Mayor Pro Tem Blackwell asked for clarification on whether the current policy applies for the nominations to be made at the first meeting in June. Mayor Dawkins stated the current policy would be in effect. Councilmember Kendrick expressed his opinion that the terms should be extended but not at this time. He felt there was a need to go with the limits that have been set and he agreed with Councilmember Smith's proposal to look at the terms after a study has been done. Councilmember Cheek stated there seem to be a lot of versions as to the length of the terms, and it would be better to do a moratorium on this issue at this time. She stated she would vote against the substitute motion. Councilmember Dempster stated he supported Dr. Cheek's motion because if a person is doing a good job the Council should be able to support them and if they were not doing a good job the Council should be able to remove that person from a Board. Mayor Dawkins called for the vote on the substitute motion and it carried by a vote of 4 to 3 with Councilmembers Cheek, Dempster, and Torrey in opposition and Councilmembers Ross and Massey excused. A discussion ensued about referring this item to the Policy Committee, but it was decided to take action at a later date. 5. Presentation of Recommended Budget and Work Program for FY 96-97. City Manager John Smith presented this item. He thanked the staff for the current budget document. He stated he would be giving an overview of the proposed 1996-97 Budget. Mr. Smith pointed out the most significant thing in the 96-97 Budget is the 1996 Annexation, which represents 15 percent of the total Budget. He presented the following charts: 1. TAX VALUE COMPARISONS FY 95-96 Value x Mil. Rate/100 Levy x Thou. Real Property $3,070 $0.575 $17,653 Personal Property 293 .575 1,685 Public Service Property 98 .575 564 Motor Vehicles 331 .575 1,903 Total $3,792 $0.575 $21,805 x .97= $21,150 FY 95-96 Value x Mil. Rate/100 Levy x Thou. Real Property $3,823 $0.495 $18,293 Personal Property 261 .495 1,292 Public Service Property 98 .495 486 Motor Vehicles 355 .495 1,758 Total $4,537 $.495 $22,459 x .97= $21,785 2. FY 96-97 WORK PROGRAM € Customer Service € Downtown Economic Development € Appearance of the City € Crime and Safety € Capital Projects 3. BUDGET TRENDS FY 95-96 FY 96-97 Administration 7.5 percent 6.5 percent Transfers, Debt & Agencies 13.3 percent 11.3 percent Direct Services 79.2 percent 82.2 percent Mr. Smith stated the fund balance appropriation would be less than $1 million and the good news is the fund balance appropriation could be applied to a couple of one-time capital projects (Fire Station and Morganton Road Sidewalk Phase I) and pay them in full. The City is not using its fund balance to operate, pay salaries, etc. The unappropriated fund balance is about 11 percent of the total operating budget. Mr. Smith pointed out that when planned growth occurs and a city is allowed to grow, a larger percentage of its budget gets used for direct services and a smaller percentage of the budget is used for overhead and administration. Mr. Smith also pointed out another trend that while the City is growing in population its work force is not growing proportionally because of the use of privatization. However, in the public safety area there is an increase in employees directly proportionate to the population growth. Councilmember Cheek asked for a summary of all capital projects. A question and answer period ensued regarding the population basis used for the funding of the Planning Department, building permit revenue, other appropriations, outside agency appropriations, and the Joint Senior Citizens request for $15,000. Mayor Dawkins called for discussion of the setting of special meeting budget workshops. The first special meeting budget workshop was set for June 4, 1996, at 7:30 p.m. in the First Floor Multi-Purpose Room. Councilmember Cheek moved to meet with PWC at the June 4, 1996, meeting, seconded by Councilmember Dempster and carried by a vote of 6 to 1 with Councilmember McBryde in opposition and Councilmembers Ross and Massey excused. Other meetings were tentatively set for June 5, 1996 at 7 p.m., June 10, 1996, at 7 p.m., June 17, 1996, for the budget public hearing and June 24, 1996, for the adoption of the budget. 6. Discussion of joint meeting with Cumberland County Board of Commissioners to discuss planning issues. City Manager John Smith stated that he had not been able to set a meeting with the County Board of Commissioners. Councilmember McBryde stated he did not believe the Commissioners wanted to discuss this issue and he moved to place this item on the agenda for June 3, 1996, seconded by Councilmember Cheek. Mayor Pro Tem Blackwell stated he would offer a motion on the next meeting on this matter for consideration by the Council. Councilmember McBryde requested that all backup material be provided again and Councilmember Kendrick requested an attendance roster of the Planning Board. The vote on the motion carried unanimously 7 to 0 with Councilmembers Ross and Massey excused. 7. Fayetteville Generals Request for Firearm Permit. Councilmember Kendrick moved to approve the permit, seconded by Councilmember McBryde and carried unanimously 7 to 0 with Councilmembers Ross and Massey excused. INFORMATION ITEMS: 1. Thank you note from Dr. Blackwell's family. 2. Letter from Carol Burdge. 3. Report on upcoming Certification Review by US DOT. Mayor Pro Tem Blackwell moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously 7 to 0 with Councilmembers Ross and Massey excused. The meeting was adjourned at 10:30 p.m. REGULAR MEETING JUNE 3, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JUNE 3, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer George Vaughan, Planning Director Al McKenzie, Personnel Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend James L. Braden, Cross Creek Presbyterian Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins welcomed Councilmember Ross back. He inquired about Councilmember Smith's wife. 1. APPROVAL OF AGENDA City Manager John Smith presented this item. He requested to add items 2.I., Approve acceptance of 1.09 acre tract of land located adjacent to the College Lakes Park from the North Fayetteville Lions Club, and 10.D., Administrative Reports: Police Department Turnover to the agenda. Mr. Smith also requested that item 2.A. be pulled from the agenda because they have already been approved. Mayor Pro Tem Blackwell requested to add item 11., City County Liaison Agenda Items for the June 27, 1996 meeting. Councilmember Massey moved to approve the agenda with the deletion of item 2.A. and the addition of items 2.I., 10.D., and 11., seconded by Councilmember Torrey and carried unanimously 9 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Smith requested to pull item 2.H. Councilmember McBryde moved to approve the consent agenda with the exception of item 2.H. After a second from Councilmember Kendrick the consent agenda and following items were unanimously approved: A. Approve minutes of joint meeting with Cumberland County Commissioners of April 29, 1996. This item was deleted from the agenda because of prior approval by the Council. B. Approve tax refunds over $100. Taxpayer's Nature of Clerical Property Name Error Description Amount Pantelakos, George Listed "Leased" Equipment in T/A Highland $483.53 C. error. Equipment double listed on Family Practice LR 7036541 under Centura Bank LOC: 101 Robeson Leasing for both the 1994 and Street 1995 years C. Approve the initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located on the east side of Ramsey Street (U.S. 401 North), south of Carver Falls Road (SR 1713). Containing 1.35 acres more or less and being the Morie Howard property, all of Annexation No. 96-03-410 as evidenced by a map and legal description on file with the Planning Department and being annexed into the City of Fayetteville March 18, 1996, effective March 31, 1996.(P96-53) D. Approve the initial zoning to R10 Residential District or to a more restrictive zoning classification for an area located on the west side of McArthur Road and the north side of Crystal Drive. Containing 25.56 acres more or less and being known as Crystal Lake Condominiums, the property of Biltwell, Inc., as evidenced by a map and legal description on file with the Planning Department, and being all of Annexation No. 96-04-411, effective April 1, 1996. (P96-60) E. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, Traffic Schedule No. 6., Stop Intersections, adding Fountainhead Lane shall stop at Pershing Street. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-015. A copy of the foregoing ordinance can be found in the clerk's office in Ordinance Book NS1996. F. Approve renewal of Lease Agreement with Cape Fear Railroaders for space in Amtrak Station. G. Adopt demolition ordinance for property located at 1735 Harper Street (Owners: Charles Thorne and Mary Jenkins; Minnie R. Law Life Estate). 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. NS1996-016. A copy of the foregoing ordinance can be found in the clerk's office in Ordinance Book NS1996. H. (Pulled for discussion) I. Approve acceptance of 1.09 acre tract of land located adjacent to the College Lakes Park from the North Fayetteville Lions Club. 2.H. Approve award of contract for replacement of seats and decking for Reid Ross Middle School bleachers in the amount of $30,111.42 (includes sales tax.) Councilmember Smith pulled this item for discussion of the bidding process. He inquired about the inclusion of the press box planking. Mr. Robert Barefoot, Recreation/Community Facilities Director, stated the press box was not a part of this contract. Councilmember Smith moved to approve, seconded by Councilmember McBryde and carried unanimously 9 to 0. Bids received were as follows: Dant Clayton (Louisville, KY) $30,111.42 Sturdisteel Company (Waco, TX) $52,978.00 3. Consideration of an application by BellSouth Personal Communications 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 telecommunications tower in a C3 Heavy Commercial District for an area located on the east side of Murchison Road, north of the intersection of US 401 Bypass (Pamalee Drive) and being the property of Chisolms' Auto, Inc., as evidenced by deed recorded in Deed Book 4183, Pages 293-295, Cumberland County Registry. (P96-32) (Continued from May 20, 1996. Public Hearing closed) Mr. George Vaughan, Planning Director, presented this item which was continued from the May 20, 1996, meeting. The public hearing was closed at that meeting. Mr. Vaughan reported the Appearance Commission had met and unanimously approved the application for the tower and site plan. Councilmember McBryde moved to approve the Special Use Permit based on the following findings, seconded by Councilmember Cheek: 1. The site plan is to be revised to show the inner fringe landscaping; and 2. The use is not detrimental to the surrounding area and; 3. The Appearance Commission has unanimously approved the site plan for the tower. Councilmember Cheek inquired if the applicant had met all requirements of the City Ordinance for the Special Use Permit, if the Planning Board had unanimously approved the request, and if BellSouth had met with the neighborhood as set out at the last meeting. Mr. George Vaughan replied in the affirmative to all three situations. Councilmember Torrey inquired if the Appearance Commission was aware there was going to be another tower in that area. Assistant City Manager Jimmy Teal responded and stated the Appearance Commission's role was to approve the site plan as to buffering requirements and compliance with the landscape ordinance only. Councilmember Torrey inquired if an application for a tower on the corner of Temple Avenue and Murchison Road had been approved. Mr. Vaughan stated in the negative. Councilmember Massey inquired if the information requested by the citizens had been provided by BellSouth. Mr. Keith Lee, BellSouth, responded that a meeting was held with the citizens on Thursday, and a letter dated May 30, 1996, had been sent by Federal Express for Saturday delivery. This letter addressed the issues of the location of the operation facilities. Councilmember Kendrick asked if Section (s)(3) of the ordinance was in compliance. Mr. Vaughan replied in the affirmative. Councilmember Smith inquired as to what were the major concerns of the citizens at the meeting. Councilmember Massey, who was present at the meeting, replied and gave the following concerns: 1. Texaco Plant location. 2. Impact of tower on this area. 3. Impact of Airwaves/Signal interference on the neighborhood's quality of life. 4. Effect of new technologies on community. 5. Concerns raised which were beyond BellSouth's control. City Attorney Robert C. Cogswell stated that a simple majority vote was required and in light of Dr. Cheek's question, unless it was found they had not met the conditions, BellSouth was entitled to the Special Use Permit. The vote was called by Mayor Dawkins and a Special Use Permit was granted by a vote of 6 to 0 with Councilmembers Ross, Torrey and Massey in opposition. 4. Consideration of the initial zoning to various zoning classifications for an area consisting of 6.81 square miles (4356 acres) and being all of Annexation 96-02-409 (Area 300) and evidenced by a map and legal description on file with the Planning Department and being annexed by the City of Fayetteville on February 20, 1996, effective June 30, 1996. (P96-52) Mr. George Vaughan, Planning Director, presented this item. He stated that all of the City's zoning is compatible with the county's previous zoning and recognizes the existing land uses in the area. He recommended approval. Councilmember Kendrick moved to approve the initial zoning to be effective June 30, 1996, seconded by Councilmember Dempster, and carried unanimously 9 to 0. 5. Consideration of award of contract for 1996 Powell Bill Project for resurfacing various streets to Barnhill Contracting Company, (Fayetteville), lowest responsible. City Manager John Smith presented this item. He reminded Council that the streets listed may be modified or reduced to bring the contract in line with the available funds. Bids received were as follows: Barnhill Contracting Co. $1,598,394.00 Crowell Constructors, Inc. $1,813,920.00 Councilmember Kendrick moved to award the contract in the amount of $1,200,000.00, seconded by Councilmember Torrey and carried unanimously 9 to 0. 6. Consideration of solid waste agreements for Annexation Area 300. Mayor Pro Tem Blackwell requested to abstain on this item due to a possible financial conflict. Councilmember Cheek moved to approve the request for abstention by Dr. Blackwell, seconded by Councilmember Massey and carried by a vote of 8 to 0 with Mayor Pro Tem Blackwell abstaining. Deputy City Manager Roger Stancil presented this item. He explained that under the annexation statutes, the City is required to deal with private solid waste haulers in an area to be annexed if they meet certain requirements outlined in the statutes. Four companies met those requirements. An offer was made to contract with each of these companies to provide service to the same number of customers as they had at the time of the adoption of the Resolution of Consideration at 90% of their revenue at that time for those customers. Cumberland Garbage and Trash Service accepted that offer. The other companies wanted to know if the City would be interested in paying them for their lost customers. The City is not required to offer them the "just compensation" referenced in the annexation statutes because our obligation had been met under those statutes when we offered to contract with them. Mr. Stancil recommended the City agree to pay the difference between what would have been the cost to contract with them and what it will now cost the City to contract with ARS for the same service. Mr. Stancil recommended that Council authorize the City Manager to execute the agreements. Councilmember Smith moved to approve and to authorize the City Manager to execute the contracts with Cumberland County Garbage and Trash Service, Don's Trash Company, Silver's Garbage and Trash Company, and All American Sanitation, seconded by Councilmember Dempster and carried by a vote of 8 to 0 with Mayor Pro Tem Blackwell abstaining. 7. Consideration of Interlocal Agreement regarding the Cumberland County Joint Planning Board. Councilmember McBryde moved that without any further studies being required by the City on this issue, the City of Fayetteville withdraw from the Interlocal Agreement regarding the Joint Planning Board, effective July 1, 1996, and that the City staff bring back as soon as possible a proposal for a municipal planning function, seconded by Councilmember Cheek. Councilmember Massey inquired as to whether this action was the most expeditious use of the taxpayer's dollars and if we are saying we don't want to get any input and collaboration from any source to determine what is the wisest use of tax dollars. Mayor Pro Tem Blackwell asked the Council to be deliberate, not hasty, in making a decision to pull out of the Planning Board. He expressed his opposition to the motion and made a substitute motion that the Fayetteville City Council endorse the commission of an independent agency to study the Joint Planning Board process and ask that group to report back to the Fayetteville City Council with recommendations regarding metropolitan planning. City Attorney Robert C. Cogswell stated the motion was the opposite of the main motion and therefore could not be allowed as a substitute motion. After discussion, Mayor Dawkins called for the vote and the motion carried by a vote of 5 to 4 with Councilmembers Ross, Massey, Torrey and Blackwell in opposition. 8. Report from Policy Committee regarding designation of seats on Airport Commission. Councilmember Massey reported the Policy Committee had met on May 23, 1996, to discuss the designation of a seat on the Airport Commission for a pilot. Mr. McBryde, Chair of the Committee, was not present at this meeting. Upon motion by Councilmember Smith, seconded by Councilmember Massey, the committee voted unanimously to recommend that Council adopt Plan B, an ordinance amendment eliminating all designated seats on the Airport Commission but stating that Council would consider those interested in airport operations for nomination to all seats. Councilmember Cheek moved to delay action on this item at this time and to take it up when the review is done of all Boards and Commissions, seconded by Mayor Pro Tem Blackwell and carried by a vote of 8 to 1 with Councilmember Massey opposed. Mayor Dawkins recognized County Commissioners Billy King, and Marshall Faircloth; current Planning Board Members Carl Legatski and Jonathan Charles; pending Planning Board Member John Gillis; and Bobby Suggs as being in the audience. 9. APPOINTMENTS: A. Nominations to fill one vacancy on Board of Appeals on Dwellings and Building. No nominations were made. B. Nominations to fill four vacancies on Airport Commission. The following nominations were made: 1. Mr. Dick Fox (nominated by Councilmember McBryde) 2. Mr. Adam Beyah (re-appointment, nominated by Mayor Pro Tem Blackwell) 3. Dr. William D. Haithcock (re-appointment, nominated by Mayor Pro Tem Blackwell) 4. Forest DeShields, Pilot (nominated by Mayor Pro Tem Blackwell) 5. Charles Koonce, Pilot (nominated by Councilmember Massey) 6. Ed Banta, Pilot (nominated by Councilmember Smith) 7. Dawn Gibson, Travel Industry Member (nominated by Councilmember Smith) C. Nominations to fill one vacancy on Joint Planning Board. No action was taken. D. Nominations to fill one vacancy on Joint Storm Water Advisory Board. No nomination was made. E. Nominations to fill one vacancy on Public Works Commission Board. The following nominations were made: 1. Jessie A. Leak, M.D. (nominated by Councilmember Dempster) 2. Glenn B. Adams (nominated by Councilmember Massey) 3. Vance Neal (nominated by Mayor Pro Tem Blackwell) F. Nominations to fill one vacancy on Public Works Commission Retirement Board. Mr. Milt Wofford was nominated by Councilmember McBryde. G. Nominations to fill one vacancy on Appearance Commission. Councilmember Kendrick moved to appoint Margaret Hedgecoe to fill in the vacancy on the Appearance Commission, which will expire in December of 1996, seconded by Councilmember Smith and carried unanimously 9 to 0. 10. ADMINISTRATIVE REPORTS A. Public Hearings Set for June 17, 1996: 1. Planning Board Case 96-62: Consideration of an application by Darryl C. Sansbury for a Special Use Permit to allow a charitable institution in an R5 Residential District as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-25, for an area located at 321 Bradford Avenue. 2. Consideration of FY 96-97 Budget. B. Report on proposed conversion of outdoor basketball court at Honeycutt Recreation Center to in-line hockey facility. City Manager John Smith presented this item. He stated the Parks and Recreation Advisory Commission voted 4 to 3 not to pursue this proposal. C. Report on initial zoning timetable. Mr. Cogswell, City Attorney, stated this item would require further study. A discussion followed. D. Police Report City Manager John Smith presented this item in rebuttal to an editorial on WFNC on Friday, May 31, 1996. Mr. Smith told Council he had had Mr. McKenzie, Personnel Director, prepare a turnover comparison chart with information compiled from other city personnel departments. The figures in the chart represent gross turnover and Mr. Smith stated the Police Department's turnover was actually less than the rest of the city's departmental turnover. The following chart was submitted by Mr. Smith: Sworn Police Officers Turnover Comparison for Calendar Year 1995 Municipality Total Sworn Total Turnover Officers Turnover Percentage Jacksonville 96 15 15.63% Winston-Salem 459 41 9% Raleigh** 579 41 7.08% Durham 372 26 6.99% Fayetteville 284 19 6.69% Charlotte* 1258 N/A 6% Greensboro 436 17 3.9% ** Data for 12-month period ending May 96 * Data for 16-month period ending April 96 Councilmember Dempster stated he would like a more comprehensive report for the last five years. Councilmember Cheek inquired if there was a continuous study on turnover in the city. Mr. Smith replied that the city personnel department does an analysis every calendar year of every department in the city. A discussion ensued regarding exit interviews, gross turnover versus net turnover, controllable and non-controllable turnover, impact of turnover on crime rate and impact of turnover on the quality of life in Fayetteville, and follow up on the manpower issue of the Fayetteville Police Department versus the criminal index. Mr. Smith stated the gross rate of 6.69% is not a high rate of turnover and should have no more impact in Fayetteville than the same rate would in another city. Mayor Dawkins inquired about the DWI information. Mr. Smith responded that 36 DWI cases were dismissed as a result of the officers leaving the force. These figures were still being reviewed as of the meeting. Mr. Smith restated his belief that the impact would be the same for all cities with the same percentage of turnover. 11. City County Liaison Agenda Items for June 27, 1996, Meeting. Councilmember Kendrick requested that the City County Liaison Agenda referral become an agenda item on the first meeting of the month. Councilmember Cheek requested and moved that enlarging the metropolitan statistical area be placed on the City County Liaison Committee Agenda, seconded by Councilmember Massey and carried unanimously 9 to 0. A discussion ensued regarding Mr. Kendrick's request, the referring of spontaneous issues, communications with the county, and the timely preparation of the agenda for City County Liaison meetings with the consensus that any committee concerns should be discussed under this item. Mayor Dawkins requested that any other items for the City County Liaison Committee be brought to the next meeting. Due to the action taken on the Planning Board, Councilmember Ross expressed her concern over the Waterless Street issue not being handled as promptly as it should. Mr. Smith assured her that everything would be handled as usual. INFORMATION ITEMS: 1. Thank you note from family of Lucille Dawkins. 2. Report on tax refunds less than $100. Taxpayer's Nature of Clerical Property Name Error Description Amount Alexander, Angela Illegal Tax: Military Non-Resident. 1991 Isuzu Stylus $18.56 Jeffery & Tracy M LES on file for Tracy, GA-7/14/97 HRC8001 Cohen, Howard Illegal Tax: Military Non-Resident. 1990 Toyota $85.50 Irving & Maria Kim LES on file for Howard, NJ-No Ets FRM7713 1994 Nissan Fairchild, Brian D Illegal Tax: Military Non-Resident. 1993 Ford $81.08 1994 W-2 on file, PA HXF6393 Farmiga, Evhen Illegal Tax: Military Non-Resident. 1988 Acura $31.42 Mark LES on file, NJ-5/15/96 FSA6682 Hawkins, Robert Illegal Tax: Military Non-Resident. 1994 Nissan $69.06 Wayne LES on file, VA-3/19/95 Sentra HYC5358 Linder, James Illegal Tax: Military Non-Resident. 1993 Mazda $42.04 Benjamin & Laurie LES on file for James, TN-No Ets FNV1225 Bryan Puebla, Vargas Illegal Tax: Military Non-Resident. 1992 Nissan $46.80 Ismael LES on file, CA-11/29/95 HTA6058 Illegal Tax: Military Thomas, Michael Non-Resident. LES on file, 1989 Hyundai $15.87 Edward CA-7/15/97 HTA8212 3. Report on Purdue and Dartmouth Drive. 4. Report on Wagoner Drive and Sycamore Dairy Intersection. 5. Report on Hay and Bradford Intersection. 6. Update on planning activities. 7. Update on mailboxes along newly constructed sidewalks. 8. Memo regarding wall map in Council Chamber. 9. Report on traffic operations on Brandts Lane. Councilmember Cheek asked Council to consider this request due to the unique situation of this street. Councilmember McBryde moved to refer the request for 15 miles per hour speed limit to the Streets and Roads Committee, seconded by Councilmember Dempster and carried by a vote of 8 to 1 with Councilmember Massey in opposition. 10. PWC - minutes of May 6 and May 8, 1996. 11. Airport Commission - minutes of April 30, 1996. 12. Recreation and Parks Advisory Commission - agenda for Special Meeting on May 30, 1996. Councilmember Massey commended PWC and BellSouth for working together in the placement of future towers on existing water towers. Councilmember McBryde moved to adjourn, seconded by Councilmember Dempster and carried unanimously 9 to 0. There being no further business the meeting adjourned at 8:57 p.m. BUDGET WORKSHOP JUNE 4, 1996 FAYETTEVILLE CITY COUNCIL BUDGET WORK SHOP FIRST FLOOR MULTI-PURPOSE ROOM (LAFAYETTE ROOM) CITY HALL JUNE 4, 1996 7:30 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell; Milo McBryde; Chris Dempster; Jim Smith; Ida Ross (arrived at 7:45 p.m.); Thelbert Torrey; Suzan Cheek; Mark Kendrick Absent: Robert A. Massey, Jr. Others Present: Public Works Commissioners Bob Williams, Milt Wofford, Sandy Saunders (arrived at 7:55 p.m.) John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Steve Blanchard, PWC General Manager Mayor Dawkins called the meeting to order at 7:30 p.m. City Manager John Smith distributed a bid tabulation for the bids received on the police building at city hall. He stated that the staff and architects would analyze the bids and prepare a recommendation for Council consideration. Mayor Dawkins recognized PWC Chair Bob Williams who made introductory remarks concerning the PWC budget. Mr. Williams then recognized General Manager Steve Blanchard for a review of the budget. Mr. Blanchard discussed proposed rate changes, the capital projects fund, capital reserve, annexation, private water system purchases, bond expenditures, and uptown revitalization. City Council reviewed the budgets of the fire department and the police department. Upon motion by Councilmember McBryde, seconded by Councilmember Kendrick, Council voted unanimously to recess until 7:00 p.m. Wednesday, June 5, 1996, First Floor Multi-Purpose Room (Lafayette Room), City Hall. BUDGET WORKSHOP (CONTINUATION OF JUNE 4, 1996, MEETING) JUNE 5, 1996 FAYETTEVILLE CITY COUNCIL BUDGET WORKSHOP (CONTINUATION OF JUNE 4 MEETING) FIRST FLOOR MULTI-PURPOSE ROOM (LAFAYETTE ROOM) CITY HALL JUNE 5, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell; Milo McBryde; Chris Dempster; Jim Smith(arrived at 8:10 p.m.); Ida Ross; Robert A. Massey, Jr.; Thelbert Torrey; Suzan Cheek (arrived at 7:35 p.m.); Mark Kendrick Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order at 7:00 p.m. He recognized City Manager John Smith for a continuation of the budget presentation. City Manager John Smith reviewed the revenue projections for the proposed 96/97 budget. Council reviewed the budgets of the following departments: Mayor/Council, City Attorney, City Manager, Finance, Personnel, Administrative Services, Information Systems, Other Appropriations (except outside agencies), Airport, Parking Fund, Transit. Upon motion by Councilmember Check, seconded by Councilmember Smith, Council voted unanimously to recess the budget work shop until 7:00 p.m., June 10, 1996, First Floor Multi-Purpose Room (Lafayette Room), City Hall. BUDGET WORKSHOP (CONTINUATION OF JUNE 5, 1996, MEETING) JUNE 10, 1996 FAYETTEVILLE CITY COUNCIL CONTINUATION OF JUNE 5, 1996 BUDGET WORKSHOP FIRST FLOOR MULTI-PURPOSE ROOM (LAFAYETTE ROOM) JUNE 10, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell; Chris Dempster; Jim Smith; Ida Ross; Thelbert Torrey; Suzan Cheek; Mark Kendrick Absent: Robert A. Massey, Jr.; Milo McBryde Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order at 7:00 p.m. and recognized City Manager John Smith for continuation of the review of the recommended budget. Council reviewed the budgets of the Inspections Department, Transit Department, Neighborhood Services Department, Planning & Development Department, General Obligation Bond Capital Project Budget, and Recreation/Community Facilities Department. Upon motion by Councilmember Cheek, seconded by Councilmember Dempster, Council voted unanimously to put $250,000 in a sinking fund to purchase open space. Council then reviewed the budget of the Sanitation Department. Upon motion by Mayor Pro Tem Blackwell, seconded by Councilmember Smith, Council voted unanimously to continue this meeting until 7:00 p.m., June 19, 1996, in the same room. REGULAR MEETING JUNE 17, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JUNE 17, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer George Vaughan, Planning Director Frank Simpson, Inspections Director Mike Walker, City Engineer Craig Hampton, Administrative Services Director Kai Nelson, Finance Director Tom McNeill, PWC Property Acquisitions Manager Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend William Braswell, Haymount United Methodist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins presented Councilmembers Ross, Torrey, and Kendrick with their ten-year service pins. Councilmember Kendrick introduced his wife Sharon, and his father Chip. Councilmember Kendrick presented Mayor Dawkins with a Smart Start Hat. The first hat was presented to Governor Jim Hunt and the second hat was presented to Mayor Dawkins. Councilmember Jim Smith presented Mayor Dawkins with thanks and a scrap book from Lucille Souders Elementary School's, Character Education Committee, Suzette Simpson's, Kindergarten Class; and Mr. Nelson E. Hendon, Principal. 1. APPROVAL OF AGENDA City Manager John Smith requested that Item 4., Presentation of Historical Documents Pertaining to the Municipal Government of Fayetteville by Roy Parker, Jr., be pulled from the agenda and that item 14.F., Election of the Mayor's and Commissioner Chairman's recommended Joint Appointee, C. David Averette, to the Joint Storm Water Advisory Board be added to the agenda. Councilmember McBryde moved to approve the agenda with the addition of Item 14.F. and the deletion of Item 4. and Item 13., seconded by Councilmember Cheek. Mayor Pro Tem Blackwell expressed his opposition to having Item 13., Consideration of request from Mayor Pro Tem Breeden Blackwell for reconsideration of action on Planning Board matter, removed from the agenda. The motion on the agenda carried by a vote of 8 to 1 with Mayor Pro Tem Blackwell in opposition. 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 items 2.B. and 2.E. and Councilmember Torrey requested to pull item 2.H. Councilmember Kendrick moved to approve the consent agenda with the exceptions of items 2.B., 2.E., and 2.H. After a second from Councilmember Smith the consent agenda and following items were unanimously approved: A. Approve minutes of regular meeting of May 20, 1996. B. (Pulled for discussion) C. Approve minutes of regular meeting of June 3, 1996. D. Approve renewal of Lease Agreement with Cumberland County for the Department of Social Services parking lot. E. (Pulled for discussion) F. Adopt resolution setting a public hearing for July 15, 1996, to consider the closing of McKethan Street from Vanstory Street southwardly to the end of the cul-de-sac as shown on a plat of Fairley Estates, Plat Book 82, Page 126, Cumberland County Registry. PRELIMINARY RESOLUTION OF INTENT TO CLOSE MCKETHAN STREET. RESOLUTION NO. R1996-031. A copy of the foregoing resolution can be found in the clerk's office in Resolution Book R1996. G. Approve the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 124 Lamon Street. Containing 0.437 acres more or less and being the property of Roy J. and Judith M. Haddock as evidenced by deed recorded in Deed Book 4371, Page 489, Cumberland County Registry. (P96-68) H. (Pulled for discussion) I. Adopt Capital Project Ordinance Partial Closeout 96-5 (CPO 95-6). At the May 20, 1996, meeting City Council accepted an amendment to the AIP-14 (signage and land acquisition project) project to include the federal participation in the Vick property purchase at the Fayetteville Regional Airport. The property has been acquired, all items expensed to the project and a closeout document has been submitted to the FAA-Atlanta. This partial closeout removes the budget and expenses from the City's balances. J. Approve award of contract for purchase of three additional 2500 KVA Padmounted Transformers from Scott-Parish Electric Supply in the amount of $61,086.48. (PWC) Bids received on April 9, 1996, and approved by Council on May 6, 1996, included an option to purchase additional quantities within a twelve-month period. K. Approve award of contract for purchase of water and wastewater chemicals to low bidders as follows. (PWC) 1. Koch Sulfur Products (Wilmington, NC) 6,000,000 lbs. of 8.3% Liquid Aluminum Sulfate $187,200.00 Bids received were as follows: Koch Sulfur Products (Wilmington, NC) $187,200.00 Cytec Industries (West Paterson, NJ) $189,300.00 General Chemical (Parsippany, NJ) $205,069.20 Prillaman Chemical (Suffolk, VA) $243,840.00 Alchem (Red Springs, NC) $195,600.00 2. Prillaman Chemical (Suffolk, VA) A. 2,750,000 lbs Caustic Soda (Sodium Hydroxide, 50%) $187,550 Bids received were as follows: Prillaman Chemical (Suffolk, VA) $187,550.00 Southchem (Durham, NC) $222,750.00 Jones Chemical (Charlotte, NC) $211,750.00 B. 100,000 lbs Powdered Activated Carbon $32,000 Bids received were as follows: Prillaman Chemical (Suffolk, VA) $32,000.00 Southchem (Durham, NC) $33,410.00 3. Jones Chemical (Charlotte, NC) A. 280 tons of Liquid Chlorine $106,680 Bids received were as follows: Jones Chemical (Charlotte, NC) $106,680.00 Van Waters & Rogers (Greensboro, NC) $140,000.00 Prillaman Chemical (Suffolk, VA) $120,400.00 B. 222 tons of Liquid Ferric Chloride $69,930 Bids received were as follows: Jones Chemical (Charlotte, NC) $69,930.00 Prillaman Chemical (Suffolk, VA) $73,570.00 4. LCI, Ltd. (Jacksonville Beach, FL) 200 tons of Fluorosilicic Acid $23,650 Bids received were as follows: LCI, Ltd. (Jacksonville Beach, FL) $23,650.00 Chemtech (St. Louis, MO) $23,360.00 Prillaman Chemical (Suffolk, VA) $25,800.00 Southchem (Durham, NC) $27,120.00 Kaiser Chemical (Mulberry, FL) $30,330.00 5. Eastern Ridge Lime (Ripplemead, VA) 1,000 tons of Hydrated Lime $86,850 Bids received were as follows: Eastern Ridge Lime (Ripplemead, VA) $86,850.00 Prillaman Chemical (Suffolk, VA) $89,980.00 APG Lime (Charlotte, NC) $87,480.00 Greer Industries (Morgantown, WV) $103,250.00 Tenn Luttrell (Luttrell, TN) $108,000.00 6. Alchem (Red Springs, NC) 100,000 gallons of Liquid Ferrous Sulfate $23,800 Bids received were as follows: Alchem (Red Springs, NC) $23,800.00 Davis Water/Waste Ind. (Tallevast, FL) $24,750.00 7. Technical Products (Portsmouth, VA) 120 tons of Corrosion Inhibitor $63,600 Bids received were as follows: Technical Products (Portsmouth, VA) $63,600.00 Prillaman Chemical (Suffolk, VA) $81,600.00 Southchem (Durham, NC) $65,520.00 L. Approve award of contract for construction of Carvers Creek Outfall (US 401 North to Oak Island) to Dellinger, Inc., low bidder in the amount of $1,216,066.00. (PWC) Bids received were as follows: Bidder Base Bid Alt.1 Bid Alt 2. Bid Dellinger, Inc.(Monroe, NC) $1,018,446 $1,078,642 $1,216,066 Bryant Elect.(Archdale, NC) $1,433,010 $1,489,030 $1,595,700 R.H. Moore (Murrels Inlet,SC) $1,498,623 $1,544,545 $1,646,385 M. Approve award of contract for purchase of one Three Reel Turret Trailer to Sauber Manufacturing Company, sole manufacturer/supplier in the amount of $30,060.00. (PWC) Sauber Manufacturing Company is the sole manufacturer for this trailer and therefore the sole bidder. Sauber Manufacturing Company $30,060.00 N. Approve award of contract for purchase of one Gear Box to Industrial Transmission, sole compliant bidder in the amount of $20,785.00. (PWC) Bids received were as follows: Industrial Transmission (Fayetteville, NC) $20,785.00 Dixie Bearings (Fayetteville, NC) *see comments *Bids were solicited from four (4) vendors with two (2) vendors responding. The bid submitted by Dixie Bearings was not accompanied by a bid deposit as required, therefore, it could not be considered. O. Approve award of contract for relocation of electric transmission and distribution line along Cumberland Road to accommodate the replacement of Bridge 170 (NCDOT Project) to Stackhouse, Inc., low bidder in the amount of $97,319.10. (PWC) Bids received were as follows: Stackhouse, Inc. $97,319.10 Lee Electric Const., Inc. $222,130.22 Sumter Builders, Inc. $274,784.69 Weeks Const. Co. $129,946.59 C. W. Wright Const. Co., Inc. $132,187.00 2.B. Approve minutes of information meeting of May 28, 1996. Councilmember Cheek renewed her request, made at the May 28, 1996, meeting, to have an updated report of activities from the Management Committee of the Fayetteville Partnership on a regular basis. Mrs. Cheek stated to date no information had been received and she wanted it noted that her previous request still stood. Councilmember Cheek moved to approve Item 2.B., seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. 2.E. Approve renewal of Lease Agreement with Cumberland County for Lease Space Five in the former City Hall Building (Old Council Chamber Area). Councilmember Cheek inquired about a possible conflict in the rental of this space. Mr. Smith responded this lease was a short-term lease and there would be no conflict. Councilmember Cheek moved to approve the lease, seconded by Councilmember Smith and carried unanimously 9 to 0. 2.H. Approve transfer of property in the Wilmington Road Redevelopment Area to Cumberland County for the transitional housing project. Councilmember Torrey inquired as to how many houses were involved in this transfer of property. Mr. Ben Brown, Assistant City Manager, responded there would be 12 units in an apartment complex with a maximum occupancy of from 18 to 24 months. Councilmember Torrey moved to approve, seconded by Councilmember Massey and carried unanimously 9 to 0. Councilmember Massey inquired as to whether the motion made in Item 1., to Approve the Agenda, extracted Item 13. Mr. Cogswell replied in the affirmative. Mr. Massey expressed his desire to change his vote. Mayor Pro Tem Blackwell asked if he were not within legal rights to ask for reconsideration of the Planning Board item, because it dealt with a contract. Mr. Cogswell stated in the affirmative, but that the Council had to approve the agenda by a simple majority. City Attorney Robert C. Cogswell also stated that a member on the prevailing side of the motion could move to reconsider an item. Councilmember Massey moved to reconsider item 1.,Approval of the Agenda, seconded by Councilmember Ross. Mayor Pro Tem Blackwell expressed his belief that courtesy and respect for others should be a part of the meeting. Mayor Dawkins called for the vote on the motion. The motion was defeated by a vote of 6 to 3 with Councilmembers Blackwell, Torrey, and Massey in favor of the reconsideration of item 1. Councilmembers Cheek, Kendrick, Smith, McBryde, Dempster, and Ross voted in opposition. 3. PUBLIC HEARINGS: Mayor Dawkins stated the Council's policy on speakers addressing Council for both public and non-public hearing. He announced that because of the importance of the budget each person signed up for the budget public hearing would be allowed three minutes to speak. A. Consideration of Fiscal Year 1996-1997 Annual Budget. This is the advertised public hearing set for this date and time. The public hearing opened at 7:26 p.m. The following organizations requested funding from the 96-97 Annual Budget: 1. Arts Council -Deborah Mintz 2. Women's Center of Fayetteville -Lisbeth Ledin -Marteen Miller 3. New Vision Center -Cathy Stanley 4. Fayetteville Area Sentencing Center -Elizabeth Gnann 5. Rape Crisis -Sandra Burke 6. Fayetteville Partnership, Inc. -John Lampros, President 7. The Holy House of God Church & Shelter -Bishop Joe L. Burns 8. Cape Fear Botanical Garden -Greg Nace, Director -Suzie Carter 9. Seniors Call to Action Team -John R. (Bob) White 10. Cumberland County Dispute Resolution Center -Blaire Smathers, Executive Director 11. Airborne and Special Operations Museum Foundation -Charles B. Holt 12. Salvation Army -Danny Highsmith -Walter C. Moorman 13. Big Brothers Big Sisters -W. T. Brown, Executive Director Nancy C. Fauber, General Manager MetroAir Center, Ltd., expressed her opposition to the budget request for new T-Hangars at the Airport. Mr. Daniel G. Roberts and Mr. Mark Ricketts, representatives of the Businesses located at the I-95, Exit 49 area, thanked the Council for their help. They requested consideration be given to extended police service and bus transportation in this area. Mr. Karl Legatski and Mr. Jeff Baldwin requested that Council earmark funds for land acquisition and/or detailed design to enable the Open Space Study Committee to meet their February 1997 deadline on the Bike Way Plan. Mr. William J. Gothard, a representative for the Fayetteville Historic Resources Commission, requested Council to reconsider the historic neighborhoods, and the historic survey and inventory program budget submission. Mr. Jeff Baldwin, 517 Beaumont Road, Fayetteville, North Carolina, addressed the Council and stated his support for the new T-Hangars at the Airport. Mr. Baldwin is a pilot and currently keeps his airplane at the Fayetteville Regional Airport. There being no one further to speak the public hearing closed at 8:27 p.m. A question and answer period ensued. The Council submitted questions to the City Manager with the request that all answers be provided before the Council's Budget Meeting on June 17, 1996. B. Consideration of adoption of ordinances amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following: Mr. Jimmy Teal, Assistant City Manager, presented the following items: 1. Glenburney Dr from Cliffdale Rd to Fairfield Rd. This is the advertised public hearing set for this date and time. The public hearing opened at 8:50 p.m. Mr. Tim Dunn, 331 Glenburney Drive, Fayetteville, North Carolina, appeared in favor of the stop sign. Mr. Al Albert, 3023 Brechin Road, Fayetteville, North Carolina, appeared in opposition. There being no one further to speak, the public hearing closed at 8:56 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-017. Councilmember Kendrick moved to approve the speed reduction, seconded by Councilmember McBryde and carried unanimously 9 to 0. This action would be effective June 30, 1996, at midnight. 2. Mirror Lake Dr from Pinecrest Dr to its end. Mayor Dawkins combined items 2. through 5. into one public hearing. The public hearing for these items opened at 8:59 p.m. Appearing in favor of the speed limit reductions was Mr. John L. Macdonald, 325 Northview Drive, Fayetteville, North Carolina. Appearing in opposition was Mr. Swayn G. Hamlet, 2514 Mirror Lake Drive, Fayetteville, North Carolina. 3. Lakewood Court from Mirror Lake Dr to its end. There was no one present to speak either in favor or opposition to this item. 4. Spring Valley Rd from Mirror Lake Dr to its end. There was no one present to speak either in favor or opposition to this item. 5. Mirror Lake Place from Mirror Lake Dr to its end. There was no one present to speak either in favor or opposition to this item. There being no one further to speak the public hearing was closed at 9:11 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. NS1996-018. Councilmember McBryde moved to approve the speed limit reductions, seconded by Councilmember Kendrick and carried by a vote of 8 to 1 with Councilmember Ross opposed. A discussion followed regarding neighborhood preservation. Councilmembers Cheek and Kendrick expressed their opinions that speed limits should be 25 mph in all residential neighborhoods city wide. Copies of the foregoing ordinances can be found in the clerk's office in Ordinance Book NS1996. C. Consideration of adoption of resolution requiring the paving of the following streets: Jimmy Teal, Assistant City Manager, presented this item. He stated the staff's recommendation was to pave Cardinal Circle and Robin Street, but not to pave Lark Street or Cardinal Court. He stated there are serious right-of-way encroachment problems on Lark Street, which would make it difficult and expensive to obtain. Lark Street is currently a path used by only a few people and Cardinal Court is a short street with a cul-de-sac that currently serves only one house. Both streets do not have utilities. Mr. Teal stated that Cardinal Circle and Robin Street will require additional right-of-way. They both currently have approximately 25 foot right-of-ways, but the normal right-of-way width is forty feet. In an effort not to disrupt the neighborhood, he recommended a right-of-way width of 30 to 35 feet for both streets. For this reason the proposal calls for a 24 foot street from back-of-curb rather than the standard 27 foot wide street. 1. Cardinal Circle from North Plymouth Street to North Plymouth Street to include that portion of Cardinal Circle which abuts Lots 92 through 96, Plat Book 10, Page 24, Cumberland County Registry; This is the advertised public hearing set for this date and time. The public hearing opened at 9:25 p.m. Mr. Thomas D. House, 1728 Cardinal Circle, Fayetteville, North Carolina; Ms. Barbara C. Larrimore, 1737 Cardinal Circle, Fayetteville, North Carolina; Ms. Dorothy Larrimore, 1734 Cardinal Circle, Fayetteville, North Carolina; and Mr. Larry Strawbridge, 1717 Cardinal Circle, Fayetteville, North Carolina, appeared and expressed their support for the paving project, but their opposition to the current project plan for their street. All speakers felt the right of way should be equally divided between the property owners on both sides of the street and not just from their property. Mr. Strawbridge stated the current plan was unacceptable to him because the right of way would go into his house. There being no one further to speak either in favor or opposition, the public hearing closed at 9:36 p.m. A discussion ensued about the public information meetings that were held concerning this item. Mayor Pro Tem Blackwell recommended that action be delayed on this item until the city staff could return to and review all the affected streets and have a meeting in a central location with all the residents to address their concerns. Mayor Pro Tem Blackwell withdrew his recommendation until the public hearings were held on this item. Councilmember Ross stated a Mr. Johnson had called her and told her he did not want his street paved. Councilmember Torrey inquired as to how many houses would be non-conforming by this paving plan. Mr. Teal stated that there would be none. 2. Cardinal Court (formerly Oriole Drive) from Cardinal Circle to cul-de-sac; This is the scheduled public hearing for this date and time. There was no one present to speak either in favor or opposition. The public hearing opened and closed at 9:44 p.m. 3. Robin Street from Cardinal Circle to Cardinal Circle; This is the advertised public hearing set for this time and date. The public hearing opened at 9:45 p.m. Ms. Bernice Oxendine, 207 Robin Street, Fayetteville, North Carolina, appeared in favor of this item. She informed Council that a lot of the residents in this area were renters and that was why the attendance had been poor at the information meetings. She stated there were only five owners who lived in the area and who actually cared about the neighborhood. She complained about flooding and stated a year ago she had requested that a ditch be cleaned out near her house. To date nothing had been done on that ditch. Ms. Oxendine supported the paving, but stated she felt the area had been treated unfairly and consideration should be given to reducing the $10 per square foot to be charged for the assessment. There being no one further to speak either in favor or opposition the public hearing closed at 9:49 p.m. 4. Lark Street from the southern portion of Cardinal Circle northerly to the northwest corner of Lot 65, Plat Book 10, Page 24, Cumberland County Registry and Lark Street from the northern portion of Cardinal Circle southerly to the southwest corner of Lot 55, Plat Book 10, Page 24, Cumberland County Registry This is the advertised public hearing set for this date and time. There being no one present to speak, the public hearing opened and closed at 9:50 p.m. Mr. Jimmy Teal, Assistant City Manager, outlined the solutions the City had come up with to address the concerns of the speakers. He stated he felt the plan would work and maintain the integrity of the neighborhood. Mayor Pro Tem Blackwell withdrew his recommendation for any delay on this item. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF: CARDINAL CIRCLE FROM NORTH PLYMOUTH STREET TO NORTH PLYMOUTH STREET TO INCLUDE THAT PORTION OF CARDINAL CIRCLE WHICH ABUTS LOTS 92 THROUGH 96, PLAT BOOK 10, PAGE 24, CUMBERLAND COUNTY REGISTRY; ROBIN STREET FROM CARDINAL CIRCLE TO CARDINAL CIRCLE. RESOLUTION NO. R1996-032. Councilmember Dempster moved to approve the resolution authorizing the paving of Cardinal Circle and Robin Street, seconded by Councilmember Kendrick. A discussion ensued regarding the status of the streets that would be left unpaved, the possibility of community development block grant funds being available for owners, the actual cost of the paving vs. the $10 a foot assessment charge, and other areas of concern. Mayor Dawkins called for the vote and it carried 8 to 1 with Councilmember Smith in opposition. A copy of the foregoing resolution can be found in the clerk's office in Resolution Book R1996. D. Consideration of an application by Darryl C. Sansbury for a Special Use Permit to allow a charitable institution in an R5 Residential District as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-25, for an area located at 321 Bradford Avenue. Mr. George Vaughan, Planning Director, presented this item. He stated the Planning Board recommend approval of the Special Use Permit with the condition that all parking requirements be met as determined by the City Inspection Department. This is the advertised public hearing set for this date and time. The public hearing opened at 10:05 p.m. Ms. Diane M. Newell, 307 Jefferson Drive, Fayetteville, North Carolina, was sworn in by the City Clerk. Ms. Newell, Trustee for the Fayetteville United Order of Tents, appeared in favor of the project. She explained the project had been well received by the neighborhood and the building would accommodate small group meetings and community projects. Mr. Ron Smith, 518 Lennox Drive, appeared in opposition. Mr. Smith stated he supported the project but wanted to see some engineering drawings, blue prints, and surveys in order to judge how the project would fit into the Olde Town Village Townhouse project he had built across the street. There being no one further to speak either in favor or opposition, the public hearing was closed at 10:10 p.m. A discussion ensued regarding meeting attendance numbers, plan development status, and the type of programs to be held in the facility. Councilmember Massey moved to approve the Special Use Permit, seconded by Councilmember Ross. Councilmember Cheek made a substitute motion to delay action on this Special Use Permit until more information has been received on the incline of the property, its effect on storm water drainage, and the buffering plans which would shield the surrounding houses from the parking lot. Councilmember Dempster seconded the motion. Councilmember Ross stated that every one needed to be fed out of the same spoon. A discussion ensued regarding the fairness of this delay. Councilmember Torrey stated he felt the delay should be for one month and an extension could be requested by the applicant if needed. It was determined all requested information would be sent to the City Manager's Office for distribution to the Council. Mayor Dawkins called for the vote on the motion to delay action. The motion carried by a vote of 7 to 2 with Councilmembers Ross and Torrey in opposition. 4. Presentation of historical documents pertaining to the municipal government of Fayetteville by Roy Parker, Jr. This item was pulled and will be rescheduled at a later date. 5. Consideration of request to address City Council from the following residents regarding Buckhead Subdivision maintaining its single ingress and egress: Dr. Kerry Pierce, 4180 Ferncreek Drive, Fayetteville, North Carolina; Mr. Thomas Lavigne, 609 Brisbane Court, Fayetteville, North Carolina; and Mr. Rod Chisholm, 4212 Ferncreek Drive, Fayetteville, North Carolina, spoke on behalf of the Buckhead Subdivision. They requested Council to prevent Ferncreek from becoming a connection road from Raeford Road to Cliffdale Road. They also requested that Buckhead be allowed to remain a quality neighborhood with only one road of ingress and egress insuring the current low crime rate and safe family environment. Councilmembers commended the neighborhood for their strong show of support by their attendance at the meeting. A discussion ensued regarding the Council's goals of protecting neighborhoods, the effects of opening a thoroughfare from Raeford Road to Cross Creek Mall and the problems involved in the provision of fire protection. Councilmember Kendrick moved to send this item back to staff to review future development to see if there is a way to prevent a connection between Raeford Road and Cliffdale Road through Ferncreek Drive, seconded by Councilmember Smith. City Manager John Smith clarified the subdivision review process and explained the staff's recommendation to approve the 32 single family project and to deny the 96 unit condominium project. He stated the developer is within the zoning requirements and there is no other basis for denying the condominium project. However, the City is allowed to put reasonable conditions on the project when there is a public safety concern. The staff determined there was sufficient reason to deny the condominium project because of the route a fire or emergency vehicle would have to make into the area, the fact there is only one ingress and egress into the neighborhood, and the fact there is a railroad track that must be crossed. A discussion ensued regarding possible alternative solutions to this situation. Mayor Dawkins called for a vote on Councilmember's Kendrick motion and it carried unanimously 9 to 0. 6. Consideration of request to address City Council from Jacquelyn S. Moyd. Ms. Jacquelyn S. Moyd, 1801 Gola Drive, Fayetteville, North Carolina, expressed her concerns about the lack of direction young people have today. She asked that the local governmental bodies support a staggered curfew based on age and implement a fine of $150 against parents to defray the cost involved in enforcing the curfew. Councilmember Massey moved to have the staff study the curfew issue and the impact it would have on the City. Councilmember Dempster seconded the motion which carried by a unanimous vote of 9 to 0. 7. Consideration of request by Sigma Construction Company, Inc., pursuant to NCGS 143-129.1, to withdraw bid on City of Fayetteville Bid No. 959619, City of Fayetteville Police Department at City Hall. Mayor Dawkins opened the hearing at 11:15 p.m. The following is a verbatim of the statement by Mayor Dawkins: I will now open the hearing to consider whether or not Sigma Construction Company, Inc., will be allowed to withdraw its bid in the amount of $6,246,250.00 on City of Fayetteville Bid No. 959619, for the City of Fayetteville Police Department at City Hall, without forfeiture of its bid bond. The bids were opened on June 4, 1996, at 3:00 p.m., at which time Sigma Construction Company, Inc., was the apparent low bidder for the general contractor portion of the bid. On June 5, 1996, the City of Fayetteville received a written request by Stephen G. Drake, Vice President of Sigma Construction Company, Inc., to withdraw its bid pursuant to N.C.G.S. § 143-129.1 without forfeiture of its bid bond, based upon clerical error. It appears that the request was made timely under the conditions of N.C.G.S. § 143-129.1. Sigma Construction Company, Inc., was notified in writing on June 10, 1996, of this hearing, and that notice was received by Stephen G. Drake in behalf of Sigma on June 10, 1996. Before proceeding any further, is Sigma Construction Company, Inc., present or represented by counsel? Are you ready to proceed with the hearing? (Mr. James P. Laurie, III, made his presence known as Attorney for Sigma Construction Company, Inc.) The City Council will hear evidence from Sigma Construction Company, Inc., or their representative, and thereafter any evidence the City may want to present. After all the evidence has been presented or heard, the City Council will then determine whether or not Sigma should be allowed to withdraw its bid without forfeiture of its bid bond based upon the following conditions: 1. The bid was submitted in good faith; and 2. The price bid "was based upon a mistake, which constituted a substantial error"; and 3. Credible evidence is submitted showing that the error (a) "was clerical in nature as opposed to a judgment error" and (b) "was actually due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid"; and 4. The error "can be clearly shown by objective evidence drawn from inspection of the original work papers, documents or materials used in the preparation of the bid." Are there any questions? City Attorney Robert C. Cogswell, Jr., introduced as evidence Respondent's Exhibit 1, The Request of Sigma Construction Co., Inc., to Withdraw its Bid, dated June 4, 1996, and Respondent's Exhibit 2, Notice of This Hearing From The City Attorney to Sigma Construction Company, Inc., Dated and Received by Stephen G. Drake, June 10, 1996. Mr. James P. Laurie, III, of Safran Law Offices, appeared as counsel for Sigma Construction Company, Inc. Mr. Laurie was sworn in by the City Clerk. He presented testimony in behalf of Sigma and entered into evidence Petitioner's Exhibit 1, Documents Submitted In Support of Allowing Withdrawal of the Bid Pursuant to N.C.G.S. § 143-120.1. Mr. Craig Hampton, Director of Administrative Services, was sworn in by the City Clerk. Mr. Hampton presented testimony in support of Sigma's request. City Attorney Robert C. Cogswell instructed the Council on the procedure required in the making of their decision. He stated that after their review and discussion of the evidence, a decision should be made and a motion would be required. If the motion was to allow withdrawal, then it should include the four findings/conditions as set out in the statute. If the motion is not to allow withdrawal, the reason should be stated that it is because one or more of the conditions were not proven. Councilmember Smith moved to make a finding of the four facts as set out by statute, to agree that Sigma Construction Co., Inc., had met all of the Council's requirements, to allow Sigma to withdraw their bid without forfeiture of their Performance Bond, and to continue this item until the Wednesday City Council Meeting, seconded by Councilmember Dempster, and carried unanimously 9 to 0. Mr. Cogswell requested that with Mr. Laurie's consent he would reduce the Findings of Fact into writing for execution and approval and he would present the written decision to the Council at their Wednesday meeting for approval. Mr. Laurie consented. A verbatim tape of the foregoing proceedings and the original Exhibits set out above are on file in the City Clerk's Office. 8. Consideration of approval for PWC to acquire the Scotsdale Water System. Mr. Tom McNeill, PWC Property Acquisition Manager, presented this item. He explained after several months of negotiations with John Thomason, owner of Scotsdale water system, PWC had reached an agreement to transfer ownership of the system to include approximately 424 water services for $106,400. The purchase price will be adjusted to reflect any difference as determined in the actual number of water service laterals. The offer was based on 216 water laterals at $300 each located within the Scotsdale and Belmont subdivision areas and 208 water service laterals at $200 each located in Mayfair and Cloverleaf subdivisions. All but 58 of the services were in the Phase II Annexation area. The City of Fayetteville is required to provide utility and other services in the annexed areas comparable to what exist in other areas of the city. This issue can become complicated where customers are receiving water from community systems such as Scotsdale Water & Sewer, Inc. If PWC does not acquire the system it may result in our installing parallel mains in order to provide fire flow protection. This would also increase the number of sewer-only customers which continues to be a problem in other portions of our service area. PWC's ability to assess property owners if mains are installed may also be questiond in that they are already considered to have such service from the community system. Mr. McNeill stated after an in-house evaluation of the Scotsdale Water & Sewer, Inc. System from several different perspectives, the staff recommends proceeding with the purchse as set forth under the terms and conditions of the purchase agreement. Councilmember McBryde moved to approve the acquisition, seconded by Councilmember Torrey and carried unanimously 9 to 0. 9. Consideration of acceptance of streets in the Remington and Glen Reilly subdivisions for City maintenance. Councilmember Cheek moved to accept the following streets for City maintenance to be effective at midnight June 30, 1996, seconded by Councilmember Dempster. A. Glen Reilly Subdivision # Street From To 1 Maryfield Dr Winchester St Glen Reilly Dr 2 Glen Reilly Dr Glen Reilly Dr/ (North) Callahan Glen Reilly Dr Cr Intersection 3 Glen Reilly Dr (North) Callahan Cr Mayfield Dr 4 Winchester St Winchester St/ Winchester St/ Glen Reilly Dr Winchester St 5 Winchester St Cul-de-sac Winchester St/ Glen Reilly Dr 6 Shawcross Ln Winchester St Winchester St 7 Torrance Ln Winchester St Winchester St 8 Garland St Winchester St Glen Reilly Dr 9 Creston Cr Glen Reilly Dr Cul-de-sac 10 Glenallen St Glen Reilly Dr Dead End 11 Callahan Cr Glen Reilly Dr Glen Reilly Dr A. Remington Subdivision # Street From To 1 Foxberry Rd (North) 71st School Rd Dead End 2 Chestnut Wood Dr Foxberry Rd Foxberry Rd 3 Ryefield Dr 71st School Rd Curry Ford Rd 4 Curry Ford Rd Foxberry Rd Dead End 5 Derbyshire Rd Ryefield Dr Dead End 6 Helmsley Dr Ryefield Dr Dead End 7 Blankshire Rd Foxberry Rd (North) Ryefield Dr 8 Windy Grove Ct Blankshire Rd Cul-de-sac 9 Barley Hill Ct Blankshire Rd Cul-de-sac 10 Foxberry Rd (South) Dead End Cul-de-sac 11 Halberry Rd Ryefield Dr Dead End 10. Consideration of the award of contract for purchase of a digital recorder system for Communications to Dictaphone Corporation (Stratford, CT), sole bidder in the amount of $66,654.00. City Manager John Smith presented this item. He stated the item offered by the recommended bidder meets or exceeds all technical specifications and delivery requirements. The single bid reflects the fact that Dictaphone Corporation is the only manufacturer of a system capable of recording 96 channels. Councilmember Massey moved to award the contract, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. 11. Consideration of policy on conducting public hearings. (Requested by Councilmember Jim Smith.) Councilmember Smith moved to refer the policy on conducting hearings to the Policy Committee with consideration to be given to a way to let people know when their speaking time is running out, seconded by Councilmember Kendrick and carried unanimously 9 to 0. 12. Report on implementation plan for City planning activities. City Manager John Smith presented this item. Mr. Smith reported on the implementation for the City planning activities. The topics covered were the proposed work plan for the City staff, the personnel plan to include the disposition of county employees, the transition plans and a review of the ordinances which would be affected and require changes. A discussion was held regarding specific line items in the budget to include the personnel service budget; the status of the bill pending in the State Legislature; and administrative fees anticipated to be charged by the county. Councilmember Cheek requested that the following additions be made to the work plan: 1. Training for Commission Members. 2. Neighborhood Plan for Village Drive. 3. More detailed overall Land Use Plan. Councilmember Cheek asked the Council to consider an increased membership on the City Board from seven to nine members. This number would enable a wider neighborhood participation, diversity of membership and would also provide a quorum to conduct business. Councilmember Torrey requested that at least two members of the board be Afro-American. Councilmember Kendrick reminded Council that their goal stated at the retreat was to have staff review zoning rather than a zoning board. 13. Consideration of request from Mayor Pro Tem Breeden Blackwell for reconsideration of action on Planning Board matter. This item was withdrawn from the agenda by motion made for the approval of the agenda, Item 1. 14. APPOINTMENTS: A. Nominations to fill one vacancy on the Board of Appeals on Dwellings and Buildings. No nominations were made at this time. B. Nominations to fill four vacancies on the Airport Commission. Councilmember Ross nominated May Harris for the Travel Industry Member. The following appointments were made to the Airport Commission for a two-year term: Edward Banta First Term Adam Beyah Second Term Richard L. "Dick" Fox First Term Dawn Gibson First Term - Travel Industry Member C. Nominations to fill one vacancy on the Joint Storm water Advisory Board. Councilmember Kendrick nominated Mr. Marcus L. Ingram and called for a vote on the nomination. Council unanimously approved Mr. Ingram for the vacancy. D. Nominations to fill one vacancy on Public Works Commission. Mr. Vance B. Neal was appointed to his first term. Mayor Dawkins cast the tie-breaking vote for Mr. Neal. The vote was tied by a vote of three for Glen Adams, three for Jessie A. Leak, and three for Vance B. Neal. E. Nominations to fill one vacancy on Public Works Commission Retirement Board. Mr. Milt Wofford was appointed to fill this vacancy by an unanimous vote. F. Election of the Mayor's and Commissioner Chairman's recommended Joint Appointee, C. David Averette, to the Joint Storm Water Advisory Board. The joint appointment of C. David Averette was approved unanimously by a vote of 9 to 0. INFORMATION ON PUBLIC HEARINGS SET: July 1, 1996: A. Speed limit reduction on Glidden Street from Blount Street to its end. B. Planning Board Case 96-72: Consideration of an application by Andy Nichols for a Special Use Permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-29(4) to allow mini-warehouse activities in a C1P Shopping Center District for an area located at 924 Cedar Creek Road. Containing 1.88 acres more or less and being the property of Wyman Andrew and Sarah O. Nichols as evidenced by deed recorded in Deed Book 3022, Page 353, Cumberland County Registry. INFORMATION ITEMS: 1. Thank you note from Jody Smith. 2. Thank you note from Ida Ross. 3. Copy of resolution adopted by Cumberland County Joint Planning Board in support of a unified joint planning board. 4. Copy of letters from Mayor to Dennis Wicker, Lieutenant Governor, and Harold Brubaker, Speaker of the House, regarding House Bill 1401 and Council's decision to withdraw from the Joint Planning Board. (In response to Thomas Bacote letter which is attached) 5. Letter from Jonathan Charleston regarding Joint Planning Board. 6. Update on Kinwood Subdivision Drainage Project. 7. Update on Racepath and Russell Street intersection. 8. Copy of letter from City Manager to Carol Burdge. 9. Appearance Commission - minutes of March 26, 1996. 10. Joint Planning Board - minutes of May 14 and May 21, 1996. 11. FACVB - minutes of April 11, 1996. 12. Information on ElectriCities 1996 Annual Meeting. Councilmember McBryde moved to excuse Councilmember Massey from the upcoming meeting on Wednesday night, seconded by Councilmember Smith and carried by a vote of 8 to 0, with Councilmember Massey abstaining. Councilmember Smith moved to continue the meeting until Wednesday night, at 7:00 p.m., seconded by Councilmember Kendrick and carried unanimously 9 to 0. BUDGET WORKSHOP AND REGULAR MEETING (CONTINUATION OF JUNE 10 AND 17 MEETINGS) JUNE 19, 1996 FAYETTEVILLE CITY COUNCIL CONTINUATION OF JUNE 10, 1996 BUDGET WORKSHOP CONTINUATION OF JUNE 17, 1996 REGULAR COUNCIL MEETING FIRST FLOOR MULTI-PURPOSE ROOM (LAFAYETTE ROOM) JUNE 19, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell; Milo McBryde; Chris Dempster; Jim Smith; Ida Ross (arrived at 7:10 p.m.); Thelbert Torrey; Suzan Cheek (arrived at 7:10 p.m.); Mark Kendrick Absent: Robert A. Massey, Jr. (excused) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Mayor Dawkins called the meeting to order at 7:00 p.m. and recognized City Manager John Smith to continue with the Budget Review Process as a continuation of the June 10, 1996, Budget Workshop. Council considered the Fleet Maintenance Budget, Law Enforcement Officer Separation Allowance Budget, and Risk Management Budget. Council next reviewed the requests of outside agencies. After they reviewed the requests, they agreed by consensus on an amount of money for each agency. Upon motion by Councilmember Cheek, seconded by Mayor Pro Tem Blackwell, Council voted 7 to 1, with Councilmember Ross voting in the negative, to direct the City Manager to put the consensus totals in the budget. Upon motion by Mayor Pro Tem Blackwell, seconded by Councilmember McBryde, Council voted unanimously that if the funding for an agency were seed money, then that seed money should be held until the commitments were obligated from other organizations. Upon motion by Councilmember Cheek, seconded by Councilmember Kendrick, Council voted 7 to 1, with Councilmember Ross voting in the negative, to send the funding of social agencies to the Policy Committee. Council then revisited the Airport Budget. Upon motion by Councilmember Cheek, seconded by Councilmember McBryde, Council voted unanimously not to release the General Fund Appropriation $20,000 to the Airport until the Airport Commission comes back with a plan for its expenditure and a joint meeting with City Council. Upon motion by Councilmember Smith, seconded by Councilmember Kendrick, Council voted unanimously to adjourn the continuation of the June 10, 1996, Budget Workshop Meeting, at 9:15 p.m. Mayor Dawkins then reconvened the June 17, 1996, regular meeting of the City Council. Upon motion by Councilmember Dempster, seconded by Councilmember Smith, Council voted unanimously to excuse Mayor Pro Tem Blackwell from the June 24, 1996, City Council Meeting. Upon motion by Councilmember McBryde, seconded by Councilmember Smith, Council voted unanimously to allow Ms. Ross to change her vote on Mr. Massey's motion to reconsider item 13. on the June 17 Agenda. Mayor Dawkins then recognized City Attorney Robert C. Cogswell. Mr. Cogswell reviewed the proposed final decision on Sigma Construction regarding their request to withdraw their bid on the Police Department at City Hall. Mr. Cogswell recommended that the Council authorize the Mayor to sign this final decision. Upon motion by Councilmember Kendrick, seconded by Councilmember McBryde, Council voted unanimously to follow the recommendation of the City Attorney. Upon motion by Councilmember Kendrick, seconded by Councilmember Smith, Council voted unanimously to adjourn the continuation of the June 17, 1996, meeting at 9:20 p.m. INFORMATION MEETING JUNE 24, 1996 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER JUNE 24, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: J. Breeden Blackwell (at-large); Robert A. Massey, Jr. (District 3) - (excused at the June 17, 1996, meeting) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Al McKenzie, Personnel Director Jerome Brown, Transit Director Kai Nelson, Finance Director Steve Blanchard, PWC Manager Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Councilmember Ross, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins welcomed all participants in the National Forensic League Convention to Fayetteville and encouraged everyone to go and meet the top students from across the nation. Mayor Dawkins announced that Mayor Pro Tem Blackwell and Councilmember Massey would be absent from the meeting. Councilmember McBryde moved to excuse Mayor Pro Tem Blackwell from the meeting, seconded by Councilmember Smith and carried unanimously by a vote of 7 to 0 with Mayor Pro Tem Blackwell and Councilmember Massey absent. Councilmember Massey was previously excused at the June 17, 1996, meeting. 1. APPROVAL OF AGENDA City Attorney Robert C. Cogswell, Jr. requested to add item 7., and executive session to discuss a litigation matter, City of Fayetteville vs. Irene Kroustalis, Dimitrios Kroustalis, Dena Kranis, Steve Kranis, and Yon Andres, Yong Saltzman, and Cumberland County, 95 CVS 2578. Councilmember McBryde moved to approve the agenda with the addition of item 7., seconded by Councilmember Smith and carried unanimously by a vote of 7 to 0 with Councilmembers Blackwell and Massey excused. 2. Consideration of the following Finance matters: City Manager John Smith presented this item. He informed Council that items A. through G. had been previously approved and the ordinances being presented would close out the projects for the Fiscal Year. He recommended approval for the following ordinances. A. Consideration of Adoption of Capital Project Amendment 96-6 (Public Safety CPO-Police Administration Building.) This capital project currently contains funds for the purchase of the 800 MHz system ($3,500,000), MDT's ($500,000), Police Administration Building ($1,000,000), and Bonnie Doone substation ($230,000). The amendment recognizes $101,248 in additional resources to complete funding of the substation ($331,000) and $1,200,000 in bond proceeds/General Fund transfers to reflect the costs incurred by the City ($2,200,000) for site acquisition, demolition, and architectural/engineering design. B. Consideration of Adoption of Capital Project Amendment 96-7 (1994 Bond Interest Income.) This ordinance appropriates an additional $219,587 in interest income relating to the 1994 general obligation bond sale. The additional income, allocated proportionally to principal, will be used to fund street, drainage, sidewalk, and fire station improvements. C. Consideration of Adoption of Capital Project Ordinance Amendment 96-8 (Recreation Centers.) This ordinance appropriates $25,433 in additional resources to complete funding of the recreation centers. The majority of the funds ($24,805) are available in the Recreation/Community Facilities budget. D. Consideration of Adoption of Capital Project Ordinance 96-5 (Area 300 Annexation.) This ordinance establishes the project ordinance for infrastructure improvements in the Phase 2 annexation area. Council appropriated $150,000 from the FY 1996 budget as initial start-up funds. The project ordinance will be amended with additional resources from general obligation bonds and future General Fund appropriations. The initial funds are being used to pay for the City's share of engineering design costs for drainage and street improvements. E. Consideration of Adoption of Capital Project Closeout 96-6 (1991 Bonds.) This ordinance closes out the 1991 bond sale. About $1.4 million was expended on street improvements (right-of-way, intersections, construction, railroad crossings, design), $1.2 million on drainage (right-of-way, construction, design) with the balance for cost of issuance and project administration. F. Consideration of Adoption of Capital Project Ordinance Closeout 96-7 (Museum of the Cape Fear and Cool Spring Restoration.) This ordinance closes out the two projects. The projects were undertaken in the early 1980's (Cool Springs Restoration) and 1989-90 (Museum) and funded in part by State appropriations and donations. G. Consideration of Adoption of Capital Project Closeout 96-8 (Street Improvements.) This project ordinance funded several infrastructure improvement projects including Edgecomb & Langdon, Dallas & Englewood, Area 200 annexation engineering and various railroad crossings. The source of funds for these improvements were prior unexpended Transportation Fund reimbursements and General Fund transfers. H. Consideration of Adoption of Capital Project Closeout 96-9 (Street Improvements.) This project ordinance funded several infrastructure improvement projects including the traffic control system and the local match requirements on the Amtrak Station improvements completed in 1994. I. 1995/1996 Final Amended Budget Ordinance. A copy of the Final Amended Budget Ordinance can be found in the Finance Department, City of Fayetteville, North Carolina. Councilmember Kendrick moved to adopt Capital Project Ordinances A. through H. and the 1995/1996 Final Amended Budget Ordinance, item I., seconded by Councilmember Cheek and carried unanimously by a vote of 7 to 0 with Councilmembers Blackwell and Massey excused. 3. Consideration of award of contract for purchase of 17 electronic registering fareboxes to GFI Genfare (Elk Grove Village, IL), sole bidder. City Manager John Smith presented this item. He stated that immediate approval was necessary in order that the state grant funds would not lapse. Councilmember Smith inquired about the total number of fareboxes being installed. Mr. Jerome Brown, Transit Director, stated the total number of fareboxes would be 17. Councilmember Smith moved to award the contract, seconded by Councilmember Dempster and carried 7 to 0 with Councilmembers Blackwell and Massey excused. 4. Consideration of adoption of Fiscal Year 1996-97 Budget Ordinance. City Manager John Smith presented this item and stated that in accordance with the actions taken at the last meeting, Council must set their own salary. A discussion was held regarding the capital funds in the amount of $250,000.00 being set aside for land acquisition of parks in accordance with the Open Space Plan. Councilmember Ross stated that the proposed budget did not meet her constituents needs and therefore, she could not support or vote for the budget. Councilmember McBryde moved to adopt the proposed budget for Fiscal Year 1996/97 to include a three and one-fourth (3.25) percent increase for the City Council Members bringing their annual salary to $10,714, seconded by Councilmember Cheek. A question and answer session was held on the planning board portion of the budget to include proposed personnel quotas, implementation of the new planning process, the proposed staff positions, the utilization/development of the joint planning board staff, and the number of urban planners which will be required by the new city planning department. Mayor Dawkins called for the vote, which carried 6 to 1 with Councilmember Ross in opposition and Councilmembers Blackwell and Massey excused. Councilmembers expressed their appreciation to the staff for a job well done. 5. Consideration of adoption of ordinance amending Chapter 22, City Personnel Ordinance, of the Fayetteville City Code. City Manager John Smith presented this item and recommended the adoption of the ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-006. Mr. Smith reviewed the changes in the ordinance, in particular the vacation leave, which is being proposed as follows: VACATION ACCRUAL ADJUSTMENTS Years of Service New Accrual Previous Accrual 0 to 3 10 days 12 days 3 to 5 12 days 12 days 5 to 10 14 days 12 days 10 to 15 16 days 15 days 15 to 20 18 days 15 days 20 Plus 20 days 18 days Mr. Smith further recommended the approval of the proposed trade of the holiday, President's Day for the Friday after Thanksgiving. He stated this change had been requested by the employees. A discussion was held regarding the need for the City to be aware of the family needs of all employees and to incorporate this aspect into the employee benefits package. Councilmember Smith inquired about the vacation accrual of employees with 25 or more years of service. Mayor Dawkins called for the vote on the motion to adopt the ordinance. The motion carried by a vote of 7 to 0 with Councilmembers Blackwell and Massey excused. Councilmember McBryde requested the staff to prepare and bring back to Council a comparison of the employees who worked 10 to 12 hour days (Fire, Police, Communications, and Sanitation) to include how many days are worked per month, how many hours are worked per pay period, and how their time off is calculated. Mr. McBryde stated he wanted this information to be sure all employees received equal benefits. 6. Report on Police Administration Building construction bids and project status. City Manager John Smith presented this item and stated for the record that Sigma Construction Company, Inc. had been released from its bid with no forfeiture of their performance bond. He reported that representatives of the City and architects met with Player, Inc. on June 19, 1996, to negotiate a reduction in the bid on the police station. The base bids were reduced by $734,057.00 to bring the negotiated construction cost to $8,232,948.00. The total project cost, including a 3 percent contingency, building construction, land acquisition, demolition, site preparation, and furnishing is now estimated at $11,853,213.00. Councilmember Dempster moved to instruct staff and the architect to negotiate with the low bidders a contract for construction as recommended by the architects excluding the joint lobby space and meeting rooms with the total construction cost on the project to be reduced to no more than $7.5 million, seconded by Councilmember Smith. A discussion ensued regarding the reduction of the construction cost of the police administration building. Councilmembers expressed their appreciation to everyone who had worked on the project. Councilmember Cheek assured everyone that all of the needs of the Police Department would remain totally untouched and the building will be "right." Mayor Dawkins called for the vote on the motion. The motion carried unanimously by a vote of 7 to 0 with Councilmembers Blackwell and Massey excused. Mr. John Smith reported that the City was on the Local Government Commission agenda for July 2, 1996. He expressed the hope that the award of the construction bid could be done at the July 1, 1996, City Council meeting. He reminded Council that the resolution which would be adopted would have a significant contingency amount, which must be included due to the uncertainty of the financial markets. 7. Executive Session to Discuss a Litigation Matter, City of Fayetteville Vs. Irene Kroustalis, Dimitrios Kroustalis, Dena Kranis, Steve Kranis, and Yon Andres, Yong Saltzman, and Cumberland County, 95 CVS 2578. Councilmember Kendrick moved to go into executive session to discuss litigation, City of Fayetteville Vs. Irene Kroustalis, Dimitrios Kroustalis, Dena Kranis, Steve Kranis, and Yon Andres, Yong Saltzman, and Cumberland County, 95 CVS 2578., seconded by Councilmember Smith and carried unanimously 7 to 0 with Councilmembers Blackwell and Massey excused. The Council went into executive session at 8:05 p.m. The regular portion of the meeting resumed at 8:10 p.m. No action was taken in the executive session. INFORMATION ITEMS 1. Update from Complete Fayetteville Once And For All Management Committee. 2. Memo regarding Planning Department employees and a copy of letter to Speaker of House, Harold Brubaker, from Thomas Bacote regarding House Bill 1401. 3. Police Department - Professional Standards monthly report for the month of May, 1996. 4. FACVB - minutes of May 9, 1996. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Smith and carried unanimously 7 to 0 with Councilmembers Blackwell and Massey excused. The meeting adjourned at 8:11 p.m. REGULAR MEETING JULY 1, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JULY 1, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Ida Ross (District 2) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Joey VanDeusen, Associate Pastor of Calvary Chapel Churches and Superintendent of Fayetteville Christian School, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins extended a welcome to Fayetteville's 20,000 new residents. He expressed his pride in Fayetteville and Cumberland County and thanked the residents for their support of the National Forensic League Tournament. Mayor Dawkins stated that Mr. Jim Copeland, Executive Director of the League, had said this was the biggest and best tournament ever. Councilmember Massey announced that Fayetteville had two local winners participating in the event. 1. APPROVAL OF AGENDA Councilmember Massey moved to excuse Councilmember Ross, seconded by Councilmember Torrey and carried unanimously 8 to 0. Councilmember Kendrick moved to approve the agenda, seconded by Councilmember Smith and carried unanimously 8 to 0 with Councilmember Ross excused. 2. CONSENT: Councilmember Cheek moved to approve the consent agenda, seconded by Councilmember Smith and carried unanimously 8 to 0 with Councilmember Ross excused. The following items were approved: A. Approve minutes of budget work shop of June 4, 1996. B. Approve minutes of budget work shop (continuation of June 4 meeting) of June 5, 1996. C. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, Section 20-21, Traffic Schedule No. 8, Speed Control, for modification to speed limit on Ramsey street to reflect a school zone. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-019. D. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, Section , Traffic Schedule No. 14, Yield Right of Way, adding Yield Sign on Lotus Drive at Killdeer Drive in Foxfire Subdivision. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-020. E. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, Section , Traffic Schedule No. 6, Stop Intersections , adding Stop Intersections for newly annexed areas and various other newly developed areas. 1. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-021. 2. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-022. 3. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-023. F. Approve termination of lease with Carolina Party Rentals. G. Adopt resolution authorizing City Manager to lease billboard on proposed fire station site (corner of Eastern Boulevard and Person Street) to Fairway Outdoor Advertising. RESOLUTION AUTHORIZING THE LEASE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1996-033. H. Approve three License Agreements for installation, maintenance and operation of communications equipment with BellSouth Carolinas, PCS, for the following locations: 1. Spruce Drive Self Support Tower 2. Clinton Road Water Tower Site 3. Bedrock Drive Water Tower Site Copies of the foregoing ordinances and resolutions can be found in Ordinance Book NS1995 and Resolution Book R1996 in the City Clerk's office. 3. PUBLIC HEARINGS: Mayor Dawkins set out the time limits for addressing the Council on public hearing and non-public hearing items. A. Consideration of adoption of the following ordinance changes to implement City planning process: 1. Adopt ordinance creating a new Chapter 33, City Planning Agency, of the Fayetteville City Code. City Attorney Robert C. Cogswell, Jr. presented this item. He explained the ordinance would create a new Chapter 33 and would set up and authorize the new City Planning Agency. 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 number of members to be appointed to the agency, the terms of the appointees, the re-advertisement requirements, the feasibility of separating the zoning and planning responsibilities by having two separate boards. Councilmember Cheek moved to approve the ordinance with the nine members deleting the alternate member with the stipulation that the ordinance be re-advertised so that terms could be extended to four years. After discussion Councilmember Cheek restated her motion and deleted the stipulation. Councilmember Dempster seconded the motion. City Manager John Smith told Council he felt the agency needed to be in place as soon as possible. He stated the staff's intention was to draft an ordinance that would empower and enable the planning process to begin and any changes and new recommendations could be brought back to Council at a later date. Councilmember McBryde stated his support for the motion as long as Council could amend the ordinance to separate the planning and zoning duties. Mayor Pro Tem Blackwell and Councilmember Massey expressed their opposition to the motion. Councilmembers Smith and Kendrick expressed their support. Mayor Dawkins called for the vote. The vote was 5 to 3 with Councilmembers Blackwell, Massey, and Torrey in opposition and with Councilmember Ross excused. City Attorney Robert C. Cogswell, Jr. stated the motion would require a second vote. Mayor Pro Tem Blackwell requested that specific information be obtained on the administrative cost to be charged by Cumberland County. 2. Adopt amendments to change the words "board", "planning board", or "Cumberland Joint Planning Board" to the words "planning agency" and the words "planning department" or "department" to the words "planning staff" in: City Attorney Robert C. Cogswell, Jr. presented this item. This is the advertised public hearing set for this date and time. No one appeared in favor or opposition, and the public hearing opened and closed at 7:36 p.m. Councilmember McBryde moved to approve Items 2.A., 2.B., and 2.C., seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. 2.A. Chapter 26A, Street Numbering, of the City Code; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 26A, STREET NUMBERING OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-007. 2.B. Chapter 27, Subdivisions, of the City Code. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-008. 2.C. Chapter 30, Trailers, Mobile Homes, and Mobile Home Parks, of the City Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 30, TRAILERS, MOBILE HOMES, AND MOBILE HOME PARKS OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-009. Copies of the foregoing ordinances can be found in Ordinance Book S1996 in the City Clerk's office. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on Glidden Street from Blount Street 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. The public hearing opened and closed at 7:39 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-024. Councilmember McBryde moved to adopt the ordinance, seconded by Mayor Pro Tem Blackwell and carried unanimously 8 to 0 with Councilmember Ross excused. A copy of the foregoing ordinance can be found in the City Clerk's office in Ordinance Book NS1996. C. Consideration of an application by Andy Nichols for a Special Use permit as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-29(4) to allow mini-warehouse activities in a C1P Shopping Center District for an area located at 924 Cedar Creek Road. Containing 1.88 acres more or less and being the property of Wyman Andrew and Sarah O. Nichols as evidenced by deed recorded in Deed Book 3022, Page 353, Cumberland County Registry.(P96-72) This item was presented by Assistant City Manager Jimmy Teal. 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 7:42 p.m. Councilmember McBryde moved to approve the Special Use Permit based on the following finding: 1. The use fits in with the character of the area in which it is to be located; and 2. It is not detrimental to the surrounding area. Councilmember Kendrick seconded the motion and it carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. 4. Consideration of the rezoning from R10 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located on the east side of Cain Road, south of Woodbine Avenue. Containing 4.29 acres more or less and being the property of Kenneth W. Hardin as evidenced by deeds recorded in Deed Books 3894, Page 158 and 4362, Page 267, Cumberland County Registry. (P96-71) Councilmember McBryde moved to set a public hearing, seconded by Councilmember Cheek. The public hearing was to be set as soon as the advertisement could be completed. The motion carried by a vote of 8 to 0 with Councilmember Ross excused. 5. Consideration of the following Police Administration Building matters: A. Approve award of the following construction contracts contingent upon Local Government Commission approval of the Installment Financing Agreement and execution of the Bond Purchase Agreement: 1. Player, Inc. 2. T&H Electrical Corp. 3. Bass Air Conditioning Company, Inc. 4. Town and Country Plumbing Mr. Ronn Babin, Mr. Richard Thorn, and Mr. Dan McMillian presented the Council with their recommendations of proposed deletions to the Police Department Administration Building project. They informed Council they could not reduce the cost of the building project to the $7,500,000.00 limit set at the last council meeting. The best cost estimate would be $7,600,481.00 based on the recommended deletions presented at this meeting. A discussion ensued regarding the specifics of their recommendations and proposed changes. Councilmembers discussed their concerns and preferences. Mr. Dann McMillian expressed his opinion that some of the proposed changes would diminish the project and he did not feel a cap should be set on the project at this meeting because a more detailed study needed to be done on the actual additions and deletions to be made. Mr. McMillian stated there was a need to be able to do change orders to allow additional savings or put things back in that had been reconsidered. He reminded Council that all change orders will be subject to their approval. Mr. Richard Player stated the structural integrity of the building and the impact of the function of the building had not been harmed by the changes because most of the changes were in mechanical items. City Manager John Smith stated there was a need for flexibility to add and delete items as needs were determined. The points of discussion consisted of landscaping, fencing around the parking area, elevator size, ceramic tile in the bath rooms, addition of public bath rooms, interior furnishings, construction cost, interest cost, energy control system, and the time frame of the current bids. Councilmember Dempster moved to authorize, subject to the Local Government Commission's approval, the execution of the contracts for the police administration building not to exceed $7,750,000, seconded by Councilmember Cheek. Councilmember Torrey requested to add to the motion the addition of the meeting rooms and public bath rooms. Councilmember Dempster did not accept the amendment to his motion. Mayor Pro Tem Blackwell stated he supported the project, but was not happy with the building. Councilmember Cheek emphasized this was the ceiling price and not the actual cost. Councilmember Kendrick restated that the integrity of the project had not been harmed. Mayor Dawkins called for the vote on the motion and it carried unanimously 8 to 0 with Councilmember Ross excused. B. Adopt resolution directing filing of application for approval by Local Government Commission of installment financing agreement to finance construction and equipping of Police Administration Building and to refinance outstanding certificates of participation issued to finance the City Hall. City Manager John Smith presented this item. He stated the refinancing of City Hall was included in this resolution because it was to the advantage of the City to do so. Mr. Smith stated the resolution needed to be amended to show the addition of the $250,000, which had been approved by motion. The change would be reflected in the increase of the total amount to $10,850,000 with the principal of $7,000,000 remaining the same on the refinance of City Hall. RESOLUTION DIRECTING FILING OF APPLICATION FOR APPROVAL BY LOCAL GOVERNMENT COMMISSION OF INSTALLMENT FINANCING AGREEMENT TO FINANCE CONSTRUCTION AND EQUIPPING OF POLICE ADMINISTRATION BUILDING AND TO REFINANCE CERTIFICATES OF PARTICIPATION ISSUED TO FINANCE THE CITY HALL. RESOLUTION NO. R1996-034. Councilmember McBryde moved to adopt the resolution with the recommended changes set out above, seconded by Councilmember Smith and carried unanimously 8 to 0 with Councilmember Ross excused. 6. Consideration of request to address City Council from Bridgette Collins. Ms. Bridgette Collins, 203 Erwin Drive, Fort Bragg, North Carolina, addressed the Council regarding the appearance and behavior of the employees of the Thee Cue and Ale Review on Bragg Blvd. and asked that Council consider taking action to eliminate this problem. A discussion ensued and Mr. Cogswell stated he did not think there could be any regulations of the signs being displayed due to the free speech issue. He also stated the activity does not violate the decency statute. Ms. Collins requested that a privacy fence be installed. A discussion ensued regarding the nature of the activities from a legal standpoint. Mayor Dawkins asked Mr. Cogswell to handle this with Ms. Collins. Mayor Pro Tem Blackwell requested Mr. Cogswell to get the ordinance from Myrtle Beach banning certain type swimwear. Councilmember Cheek requested that the Mayor do a letter to the owner of the Thee Cue and Ale Review stating the City's concern and emphazing that the City of Fayetteville is family friendly. Mayor Dawkins asked that the request be put in the form of a motion. Councilmember Cheek moved to have the Mayor write a letter to the owner, seconded by Councilmember Smith and carried unanimously 8 to 0 with Councilmember Ross excused. 7. Approve renewal of Lease Agreement with Cumberland County for space in former City Hall building. (116 Green Street) Deputy City Manager Roger Stancil presented this item. He recommended approval of the lease. Councilmember Kendrick moved to approve the lease, seconded by Councilmember Smith and carried unanimously 8 to 0 with Councilmember Ross excused. 8. Consideration of process for setting neighborhood-wide speed limits. (Requested by Councilmember Kendrick.) Councilmember Massey moved to refer this to the Policy Committee, seconded by Councilmember Smith and carried unanimously 8 to 0 with Councilmember Ross excused. 9. APPOINTMENTS: A. Nominations needed to fill one vacancy on Board of Appeals on Dwellings and Buildings. No action was taken on this vacancy. B. Nominations needed to fill four vacancies on Fayetteville Board of Adjustment. Mayor Pro Tem Blackwell nominated the following for a second term: 1. John Franklin Johnson 2. George Turner 3. Melvin Pearce 4. Michael Willford Councilmember Smith seconded Mayor Pro Tem Blackwell's motion and it carried unanimously 8 to 0 with Councilmember Ross excused. C. Nominations needed to fill appointments to Planning Commission. No action was taken on this item at this time. 10. ADMINISTRATIVE REPORTS: A. Report on leave policy accumulation. INFORMATION ON PUBLIC HEARINGS SET: JULY 15, 1996: A. Consideration of amendments to change the words "board", "planning board", or "Cumberland County Joint Planning board" to the words "planning agency", and the words "department" or "planning department" to the words "planning staff" in Chapter 32, Zoning, of the Fayetteville City Code to implement planning process. B. Speed limit reduction on Meadow Wood Road from Mirror Lake to Westview Drive. C. Speed limit reduction on Stedman Street from Morganton Road to Pugh Street. INFORMATION ITEMS: 1. Report on Englewood Drive property dispute. 2. PWC - minutes of May 22, 1996 Councilmember Massey inquired as to the status of the curfew issue. Mr. Cogswell stated the ordinances were being worked on and he would get back to Council as soon as possible. Councilmember Smith moved to adjourn the meeting seconded by Mayor Pro Tem Blackwell and carried unanimously 8 to 0 with Councilmember Ross excused. The meeting was adjourned. REGULAR MEETING JULY 15, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER JULY 15, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Pete Piner, Fire Chief Kai Nelson, Finance Director M. J. Noland, Director of Water Resources, PWC Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend John C. Reid, Pentecostal Temple Church of God in Christ, 455 Williams Street, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Councilmember Smith presented Mayor Dawkins with a baseball from the West Fayetteville Recreation Association, Host for the District Little League Baseball Tournament, held at Westover Senior High school. 1. APPROVAL OF AGENDA Councilmember Kendrick moved to approve the agenda, seconded by Councilmember Smith and carried unanimously 9 to 0. 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 items 2.C. and 2.K., Councilmember Kendrick requested to pull item 2.G., and Councilmember Dempster requested to pull item 2.H. Councilmember McBryde moved to approve the consent agenda with the exceptions of item 2.C., 2.H., 2.J., and 2.K. After a second from Councilmember Kendrick the consent agenda and following items were unanimously approved: A. Approve minutes of budget workshop of June 10, 1996. (Continuation of June 5, 1996). B. Approve minutes of budget workshop of June 19, 1996. (Continuation of June 10, 1996, budget workshop and June 17, 1996, regular meeting). C. (Pulled for discussion) D. Approve minutes of information meeting of June 24, 1996. E. Adopt resolution declaring Harley-Davidson motorcycle (Police) surplus and authorizing disposal via sealed bid. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AUTHORIZING THE SALE OF CITY OWNED SURPLUS PERSONAL PROPERTY BY THE SEALED BID PROCESS. RESOLUTION NO. R1996-035. A copy of the foregoing resolution can be found in the City Clerk's office in Resolution Book R1996. F. Approve the following Finance matters: 1. Adopt Capital Project Ordinance Amendment 97-1 (CPO 94-4) (Transit X158-De-obligation of operating funds). The Federal Transit Administration annually provides a grant to the City for operating assistance. Funds unspent are permitted to be de-obligated and re-appropriated to capital and planning activities. The City has $213,263 unspent from the fiscal year 1993-94 operating grant. This amendment appropriates the funds, combined with State and local match (to be provided from 1996 State Maintenance Assistance) for the purchase of a replacement coach bus. 2. Adopt Special Revenue Fund Project Ordinance 97-1 (Juvenile Restitution 96/97). The State Division of Youth Services has awarded Cumberland County $45,888 for the Fayetteville Police Department's Juvenile Restitution program. The local match of $9,177 is being provided by the County. The funds will be used to effectively instruct youth in job/life skills which will help build self-confidence and improve communication skills. Other purposes include locating community job sites for juveniles who are court ordered to perform community service work. G. Adopt resolution pursuant to N.C.G.S. 160A-31© fixing a date for a public hearing for a petition-initiated contiguous annexation area. (Cracker Barrel Old Country Store - to be constructed adjacent to the Northwestern quadrant of the I-95/Cedar Creek Road interchange, on a site located on the eastern side of SR 2007.) Recommended Public Hearing Date is August 5, 1996. 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. (CRACKER BARREL OLD COUNTRY STORE.) RESOLUTION NO. R1996-036. A copy of the foregoing resolution can be found in the City Clerk's office in Resolution Book R1996. H. (Pulled for discussion) I. Approve agreement with The Rose Group, for engineering services to complete the utility and drainage work associated with Phase II Annexation in area referred to as the Drake Park/Evergreen Estates area, at a negotiated fee not to exceed $797,000.00. (PWC) J. (Pulled for discussion) K. (Pulled for discussion) 2.C. Approve minutes of regular meeting of June 17, 1996. Councilmember Cheek requested that item 3.D. be corrected by changing the word "house" to "houses." Councilmember Cheek moved to approve the minutes with the correction, seconded by Councilmember Dempster and carried unanimously 9 to 0. 2.H. Approve agreement with Moorman, Kizer & Reitzel, Inc., for engineering services associated with Fayetteville 1996 Phase II Annexation, at a negotiated fee not to exceed $2,200,387.00. (PWC) Councilmember Dempster inquired if there was a bidding process. Mr. M. J. Noland, of PWC, stated that professional service contract selections are based on proposals and qualifications. Once a selection has been made the fee is then negotiated. Councilmember Dempster moved to approve the agreement, seconded by Councilmember Smith and carried unanimously 9 to 0. 2.J. Approve the rezoning from R5A and R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 939 and 941 McPherson Church Road. Containing 1.19 acres more or less and being the property of William J. and Pat G. Mumau and Betsy G. and Pat G. Mumau as evidenced by deeds recorded in Deed Books 2403, Page 289 and 2612, Pages 278-279, respectively, Cumberland County Registry. (P96-78) Councilmember Kendrick moved to set a public hearing for August 5, 1996, seconded by Councilmember Dempster and carried unanimously 9 to 0. 2.K. Approve the rezoning from P2 Professional District to C1A Area Commercial District or to a more restrictive zoning classification for an area located at 1026 Marlborough Road. Containing 0.17 acres more or less and being the property of David H. and Marjorie P. Johnson as evidenced by deed recorded in Deed Book 3188, Page 731, Cumberland County Registry. (P96-80) Councilmember Cheek moved to set a public hearing for August 5, 1996, seconded by Councilmember McBryde and carried unanimously 9 to 0. 3. PUBLIC HEARINGS: A. Consideration of adoption of ordinance requiring the closing of McKethan Street from Vanstory Street southwardly to the end of the cul-de-sac as shown on a plat of Fairley Estates, Plat Book 82, Page 126, Cumberland County Registry. 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 7:20 p.m. RESOLUTION AND ORDER CLOSING MCKETHAN STREET. RESOLUTION NO. R1996-037. Councilmember Torrey moved to adopt the resolution, seconded by Councilmember McBryde and carried unanimously 9 to 0. B. Consideration of adoption of ordinances amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour on the following: 1. Meadow Wood Road from Mirror Lake to Westview Drive. 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 7:21 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-025. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Smith and carried unanimously 9 to 0. 2. Stedman Street from Morganton Road to Pugh 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 7:22 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-026. Councilmember McBryde moved to adopt the ordinance, seconded by Councilmember Kendrick and carried unanimously 9 to 0. C. Consideration of the rezoning from R10 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located on the east side of Cain Road, south of Woodbine Avenue. Containing 4.29 acres more or less and being the property of Kenneth W. Hardin as evidenced by deeds recorded in Deed Books 3894, Page 158 and 4362, Page 267, Cumberland County Registry. (P96-71) Mr. Jimmy Teal, Assistant City Manager, presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:24 p.m. Mr. Jim Kizer, 2718 Skye Drive, Fayetteville, North Carolina, and Mr. Kenny Hardin, 1014 Cain Road, Fayetteville, North Carolina, appeared in favor of the rezoning. Mr. Ernest J. Furr, 2120 Woodbine Avenue appeared in opposition. There being no one further to speak either in favor or opposition the public hearing closed at 7:30 p.m. Councilmember Cheek asked to clarify whether Mr. Furr was in favor or opposition to the rezoning. Mr. Furr stated he was opposed. Councilmember Cheek stated that in 1992 the Council had denied a request for rezoning this area to an R5. Ms. Cheek moved to deny the rezoning based on the previous history, being consistent in development, and comments made at the current meeting, seconded by Councilmember McBryde. A discussion was held regarding the density requirements in an R5, R6, and R10 residential zoning area, the legality of building a project for a set population, and the difference in condominiums versus zero-lot line units. Mayor Dawkins called for the vote and the motion carried unanimously by a vote of 9 to 0. This item appears again after Item 4 for adoption of the ordinance. It was voted to table the item until after consideration of Item 4. D. Consideration of amendments to Chapter 32, Zoning, to implement changes in the planning and zoning process for the City of Fayetteville as follows: D.1. Wherever an initial public hearing is required to make a recommendation to the City Council for an initial zoning after annexation, a rezoning, or a special use permit, the words "board", "planning board", or "Cumberland County Joint Planning Board" are changed to "zoning agency"; D.2. In Section 32-72, Planning Board Report, the words "planning board" and in Section 32-73(a), Procedure, the words "Cumberland County Joint Planning Board" are changed to the words "planning agency or zoning agency as prescribed by Chapter 33 of this Code of Ordinances" are substituted therefore; D.3. Except for (1) and (2) above, and when the term "board" is used as part of the title or in reference to the Board of Adjustment as established in Article X. of Chapter 32, wherever the words "board", "planning board", or "Cumberland County Joint Planning Board" occur in Chapter 32, they are changed to the words "planning agency"; and D.4. Wherever the words "department", "planning department", or "Cumberland County Planning Department" occur in Chapter 32, they are changed to the words "planning staff" are substituted therefore. This item was presented by City Attorney Robert C. Cogswell, Jr. Mr. Cogswell explained the changes being made and recommended that Council table action on this item until item 4. had been heard. 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 7:50 p.m. Councilmember Kendrick moved to table the item until after consideration of item 4., seconded by Councilmember Smith and carried unanimously 9 to 0. Councilmember Ross inquired about whether the citizens of Fayetteville are now having to support two Planning Agencies, one for the City and one for the County. City Manager John Smith explained that the City contributed 20 percent of the Joint Planning Board's Budget, which would have been approximetly $260,000 for the 1996-97 fiscal year. The City has currently budgeted $240,000 for the new Planning Agency. The funds are the same monies that would have gone to the Joint Planning Board. Mr. Smith stated there would be no additional expenses to the taxpayers. 4. Consideration of adoption of an ordinance creating a new Chapter 33, Planning and Zoning Agencies, of the Fayetteville City Code. (Second reading) This is the required second reading of this ordinance. City Attorney Robert C. Cogswell, Jr. presented this item. He explained the make-up and authorities of both the Planning Agency and the Zoning Agency. Councilmember Cheek inquired about the alternate being included in the nine-member Planning Agency when it had been deleted at the last meeting. Mr. Cogswell stated he would make the change to the ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING A NEW CHAPTER 33 CREATING A CITY PLANNING AGENCY OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-010. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Cheek and carried by a vote of 8 to 1 with Councilmember Ross in opposition. 3.D. Consideration of amendments to Chapter 32, Zoning, to implement changes in the planning and zoning process for the City of Fayetteville as follows: D.1. Wherever an initial public hearing is required to make a recommendation to the City Council for an initial zoning after annexation, a rezoning, or a special use permit, the words "board", "planning board", or "Cumberland County Joint Planning Board" are changed to "zoning agency"; D.2. In Section 32-72, Planning Board Report, the words "planning board" and in Section 32-73(a), Procedure, the words "Cumberland County Joint Planning Board" are changed to the words "planning agency or zoning agency as prescribed by Chapter 33 of this Code of Ordinances" are substituted therefore; D.3. Except for (1) and (2) above, and when the term "board" is used as part of the title or in reference to the Board of Adjustment as established in Article X. of Chapter 32, wherever the words "board", "planning board", or "Cumberland County Joint Planning Board" occur in Chapter 32, they are changed to the words "planning agency"; and D.4. Wherever the words "department", "planning department", or "Cumberland County Planning Department" occur in Chapter 32, they are changed to the words "planning staff" are substituted therefore. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. S1996-011. Councilmember McBryde moved to adopt the ordinance, seconded by Councilmember Smith and carried unanimously 9 to 0. 5. Consideration of an application by Darryl C. Sansbury for a Special Use Permit to allow a charitable institution in an R5 Residential District as provided for by the City of Fayetteville Code of Ordinances, Article IV, Section 32-25, for an area located at 321 Bradford Avenue. (P96-62) Mayor Dawkins announced that a representative from the Yarborough Law Firm would be allowed to speak three minutes per a letter request, dated July 10, 1996. Assistant City Manager Jimmy Teal presented this item. He stated that on Monday, June 17, 1996, a public hearing was held on case no. P96-62. Councilmembers raised concerns about drainage, parking, and the building's foundation. They requested that the applicant meet with the staff to agree upon conditions to be met. Mr. Teal recommended the approval of the Special Use Permit with the five conditions as set out in the agenda plus the Joint Planning Board's condition. Mr. Christopher G. Salger, Attorney with Yarborough Law Firm, requested that Council approve the Special Use Permit. Councilmember Cheek moved to have the Special Use Permit approved subject to the six conditions as set out below and any other conditions that might be made by Council, seconded by Councilmember Dempster. Councilmember Cheek inquired about site plan conformity. Mr. Teal stated this was covered in the ordinance. Councilmember Cheek moved to amend her motion to add the condition that a landscape buffer hedge be added on the north side at the end of the parking lot where the property adjoins the property next door, seconded by Councilmember Dempster. The following conditions were approved: 1. The drainage plan for the site is reviewed and approved by the City Engineer before building permits are issued. 2. The parking area is landscaped as per outlined in the City's landscape ordinance for a vehicle use area (VUA). The parking and building area encompasses 64,400 square feet which requires either 10 large trees or 20 small trees for screening. (1 large may be substituted for 2 small trees, 2 small trees may be substituted for 1 large tree or a combination of two.) 3. A soil boring test for the location of the building which is certified from an accredited engineering firm. This test is to ensure that the compaction of the soil meets acceptable levels for constructing a building. 4. The area south of the proposed building site remain undeveloped with no impervious area and no parking being allowed within this area. 5. The petitioner shall meet all of the parking requirements determined by the Fayetteville City Inspections Department. 6. A landscape buffer hedge is added on the north side at the end of a parking lot where the property adjoins the property next door. A discussion ensued regarding the buffering of the property. Mayor Dawkins called for a vote on the motion and it carried unanimously 9 to 0. 6. Consideration of the rezoning from M1 Industrial District to R6 Residential District or to a more restrictive zoning classification for an area located on the north and south sides of Waterless Street, west of Whitfield Street. Containing 3.13 acres total more or less and being the properties of Alberta Stanton, Ophelia Monroe, Mary Lou Shaw, Mary Nesbit, Mae Stanton Jones, Gwendolyn McLean Gillum, Marianne S. Arnold, and Charles E. Wilson and wife as evidenced by deeds recorded in Deed Books 800, Page 528; 864, Page 213; 977, Page 417; 990, Page 590, 3014, Page 353; 3752, Page 160, 4000, Page 533, and 4297, Page 221, respectively, Cumberland County Registry. (P96-39). Mr. Jimmy Teal presented this item. He advised Council they could either follow the Planning Board's recommendation to deny the R6 zoning and to approve P2 Professional District or could set a public hearing. Mayor Dawkins asked City Attorney Cogswell for an opinion on spot zoning. Mr. Cogswell replied he did not have a problem with rezoning the area to P2, but he would have a problem with the R6. After a determination had been made that all landowners who would have a claim had petitioned for the R6, Mr. Cogswell said he believed the petitions would stop any argument for damages in a lawsuit, because the petitioners were the only ones who could complain about devaluation of the property. Councilmember Smith moved to rezone the property to R6, seconded by Councilmember Ross. A discussion ensued regarding a text amendment of the ordinance to allow residential uses to improve or rebuild an owner occupied house destroyed by more than one-third of its structure value when it is in an industrial or manufacturing area, the need for further study of all commercial areas with existing residential uses within their boundaries with conditions similar to the Waterless Street area, the effect of buffering requirements on the M1 zoning areas as set out in the Landscape Ordinance and the issuance of building permits in the 100 year flood zone. Mayor Dawkins called for the vote on the motion and it carried unanimously by a vote of 9 to 0. 7. Consideration of the rezoning from R6 Residential District and M1 Industrial District to M2 Industrial District or to a more restrictive zoning classification for an area located on the west and east sides of Eufaula Street, north of Tillinghast Street and south of Vogel Drive. Containing 13.57 acres more or less and being the property of the County of Cumberland as acquired through the Eufaula Street relocation project and is evidenced by a map on file with the Planning Department. (P96-84) Councilmember Cheek moved to set a public hearing for August, 5, 1996, seconded by Councilmember Kendrick and carried unanimously 9 to 0. Mayor Dawkins stated that the only action the Council could take in the zoning matter was to either approve the zoning as recommended or set a public hearing. 8. Consideration of adoption of agreement between City of Fayetteville and Aberdeen & Rockfish Railroad for installation of culvert beneath railroad track at Buckhead subdivision. Assistant City Manager Jimmy Teal presented this item. He stated this was a bond project and Morman, Kizer, and Reitzel, Inc. would do the bid. If the project estimate is below $550,000 the project would move forward and if the bid was above $550,000 the project would come back to the Council for further consideration. Mayor Pro Tem Blackwell moved to approve the agreement, seconded by Councilmember Kendrick and carried unanimously 9 to 0. 9. Consideration of award of purchase contract to Motorola in the amount of $527,054.25 and Coded Communications in the amount of $104,292.39 for Mobile Data Terminals (MDTs). Deputy City Manager Roger Stancil presented this item. Councilmember Kendrick moved to award the purchase contracts, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. 10. Consideration of the following Police Administration Building matters: A. Adoption of a resolution approving the sale by City of Fayetteville Finance Corporation of City of Fayetteville Finance Corporation Installment Payment Revenue Bonds (Municipal Building Projects), Series 1996 to provide funds to finance construction and equipping of a Police Administration Building and to refinance outstanding Certificates of Participation issued to finance the City Hall, approving certain documents relating thereto and authorizing other corporate action in connection therewith. RESOLUTION APPROVING THE SALE BY CITY OF FAYETTEVILLE FINANCE CORPORATION OF CITY OF FAYETTEVILLE FINANCE CORPORATION INSTALLMENT PAYMENT REVENUE BONDS (MUNICIPAL BUILDING PROJECTS), SERIES 1996 TO PROVIDE FUNDS TO FINANCE CONSTRUCTION AND EQUIPPING OF A POLICE ADMINISTRATION BUILDING AND TO REFINANCE OUTSTANDING CERTIFICATES OF PARTICIPATION ISSUED TO FINANCE THE CITY HALL, APPROVING CERTAIN DOCUMENTS RELATING THERETO AND AUTHORIZING OTHER CORPORATE ACTION IN CONNECTION THEREWITH. RESOLUTION NO. R1996-038. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Dempster and carried unanimously 9 to 0. B. Appointment of Directors to the City of Fayetteville Finance Corporation. City Manager John Smith presented this item. He recommended the appointment of the City Manager as a director with the Finance director being the Secretary Treasurer of the Corporation. Mayor Pro Tem Blackwell moved to appoint Mr. James D. McLeod, City Executive with Branch Bank and Trust Company; Reverend Cureton Johnson, Pastor of the First Baptist Church, Morris Street; and City Manager John Smith as Directors, and Kai Nelson as Secretary Treasurer, seconded by Councilmember Smith and carried unanimously 9 to 0. 11. APPOINTMENTS: A. Nominations needed to fill one vacancy on Board of Appeals on Dwellings and Buildings. No nominations were made. B. Appointments needed to fill four vacancies on Fayetteville Board of Adjustment. Mayor Pro Tem Blackwell moved to appoint the following for a second term, seconded by Councilmember McBryde and carried unanimously 9 to 0. 1. Mr. John Franklin Johnson 2. Mr. George Turner 3. Mr. Melvin Pearce 4. Mr. Michael Williford C. Nominations needed to fill appointments to Planning Commission. Mayor Pro Tem Blackwell requested the City Manager write a letter of appreciation to the four retiring City representatives of the Joint Planning Board. The following nominations were made: 1. Peggy Vick - nominated by Councilmember Kendrick 2. William (Billy) Highsmith - nominated by Councilmember McBryde 3. Marshall M. Faircloth - nominated by Councilmember McBryde 4. Bruce R. Pulliam - nominated by Councilmember McBryde 5. Linda L. Allan - nominated by Mayor Pro Tem Blackwell 6. Jeff Bullard - nominated by Councilmember Dempster 7. Charles H. Astrike - nominated by Councilmember Cheek 8. Chris Harris - nominated by Councilmember Massey 9. Fred Best - nominated by Councilmember Kendrick D. Nominations needed to fill appointments to Zoning Commission. The following nominations were made: 1. William J. Gothard - nominated by Councilmember Dempster 2. George Turner - nominated by Mayor Pro Tem Blackwell 3. Jerome Calhoun - nominated by Councilmember Torrey 12. ADMINISTRATIVE REPORTS: A. Report on curfew within the City. Councilmember Smith requested that a joint meeting be set up between the Fayetteville City Council and the Cumberland County Board of Commissioners. B. Discussion of joint meeting with Airport Commission. Mayor Dawkins stated the Airport Commission wanted to meet with the Council after August 30, 1996. INFORMATION ITEMS: 1. Statement of taxes collected for the month of June, 1996, from the Cumberland County Tax Collector. 1995 Taxes 87,422.40 1995 Vehicle Taxes 84,334.88 1995 FVT 10,846.88 1995 Storm Water 5,715.53 1994 Taxes 5,050.62 1994 Vehicle Taxes 1,528.27 1994 FVT 265.00 1993 Taxes 1,822.77 1993 Vehicle Taxes 183.35 1993 FVT 45.00 1992 Taxes 4,157.79 1992 FVT 11.02 1991 & Prior Real & Personal Taxes 796.58 1991 FVT 5.00 Total Interest 8,865.43 Storm Water Interest 321.49 Total Collections 211,372.01 2. Update on Hay Street and Bradford Avenue intersection. 3. Report on Ramsey Street and Ridgeway Drive traffic signal investigation. 4. Report on neighborhood traffic concerns. Councilmember Kendrick moved to refer this item to the Streets and Roads Committee, seconded by Councilmember Dempster and carried unanimously 9 to 0. 5. Police Department - Professional Standards monthly report for the month of June, 1996. 6. PWC - minutes of June 12, 1996. 7. Board of Adjustment - minutes of May 15, 1996. 8. Joint Planning Board - minutes of June 4, and June 18, 1996. 9. Joint Planning Board - Annual Report for Planning Board Activities for FY 95-96. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Smith and carried unanimously 9 to 0. The meeting adjourned at 9:26 p.m. INFORMATION MEETING JULY 22, 1996 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER JULY 22, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Mark Kendrick (District 6) Absent: Suzan Cheek (District 5) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Robert Barefoot, Recreation/Community Facilities Director Ron Hansen, Chief of Police Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) 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. Councilmember Ross moved to excuse Councilmember Cheek, seconded by Councilmember Dempster and carried unanimously 8 to 0. City Manager John Smith requested to add item 8., Consideration of Rejection of Electrical Bid on Seabrook Pool Renovation Project to the agenda. Mayor Pro Tem Blackwell moved to add item 8., seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember Cheek excused. 1. APPROVAL OF AGENDA Councilmember Kendrick moved to approve the agenda with the addition of item 8., seconded by Mayor Pro Tem Blackwell and carried unanimously 8 to 0 with Councilmember Cheek excused. 2. Consideration of reschedule of Planning Case P96-80. Assistant City Manager Jimmy Teal presented this item. He recommended a public hearing be set for August 19, 1996. Councilmember McBryde moved to set the public hearing, seconded by Councilmember Dempster and carried by a vote of 8 to 0 with Councilmember Cheek excused. 3. Presentation of design proposal for Police Training Center addition. Deputy City Manager Roger Stancil presented this item. He recommended the authorization of the City Manager to negotiate with the best qualified firm, Shuller-Ferris and Associates, to design the additions for the current Police Training Facility. Mr. Stancil stated the funds to be used in this project would come from federal forfeiture funds and a new federal grant that had been awarded in the amount of $379,000.00. A discussion ensued regarding the projected cost of the project, restrictions on federal grant monies, and architectural fees. Councilmember Ross moved to authorize the City Manager to negotiate and execute the design contract with Shuller-Ferris and Associates, seconded by Mayor Pro Tem Blackwell and carried unanimously 8 to 0 with Councilmember excused. 4. Update on 2010 Plan. Assistant City Manager Jimmy Teal presented this item. He gave the history of the action that has been taken on the 2010 Plan to date, as well as a detailed explanation of the text of the plan. Mr. Teal recommended the adoption of the 2010 Use Plan Text and Map as approved by the Cumberland County Joint Planning Board on December 19, 1995, and to refer the proposed subdivision ordinances to the City's Planning Commission. He stated additional revisions will be presented to City Council based on the 2010 Plan. A discussion was held regarding sidewalk issues, open space, and possible ordinance revisions. Councilmember Kendrick moved to adopt the 2010 Land Use Plan Text and Map as approved by the Cumberland County Joint Planning Board on December 19, 1995, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Councilmember Cheek excused. 5. Discussion of ordinance regarding tractor trailers in residential neighborhoods. (Requested by Councilmember Suzan Cheek) City Manager John Smith presented this item. He stated he could not recommend changing the ordinance. A discussion ensued regarding the enforcement of the ordinance on both public and private streets, an amortization clause, and redrafting of the ordinances to give the owners of trucks a deadline for finding a parking place for their vehicles. City Attorney Robert C. Cogswell, Jr. will bring back a revised ordinance to the Council for their consideration. 6. Consideration of setting a joint meeting with County Commissioners. City Manager John Smith presented this item. The proposed date selected for the joint meeting with Cumberland County Commissioners was September 9, 1996, (first choice) and September 10, 1996. 7. APPOINTMENTS A. Election of nominees to Planning Commission. Councilmember Ross nominated Mr. James McEachern. The following appointments were made to the City Planning Commission: 1. Linda L. Allan - two-year term expiring 7/31/98 2. Jeff Bullard - two-year term expiring 7/31/98 3. William Highsmith - two-year term expiring 7/31/98 4. James McEachern - two-year term expiring 7/31/98 5. Peggy Vick - two-year term expiring 7/31/98 6. Charles Astrike - one-year term expiring 7/31/97 7. Col. Fred Best (ret.) - one-year term expiring 7/31/97 8. Marshall Faircloth - one-year term expiring 7/31/97 9. Chris Harris - one-year term expiring 7/31/97 B. Election of nominees to Zoning Commission. Councilmember Dempster nominated Mr. David Lee Zuravel and Councilmember Massey nominated Mr. Will Denning to the Zoning Commission. The following appointments were made: 1. William J. Gothard - two-year term expiring 7/31/98 2. George Turner - two-year term expiring 7/31/98 3. Jerome Calhoun - one-year term expiring 7/31/97 4. David Lee Zuravel, alternate - two-year term expiring 7/31/98 8. Consideration of rejection of electrical bid on Seabrook Pool renovation project. City Manager John Smith presented this item. He recommended, as advised by Shuller-Ferris and Associates, the rebidding of the electrical portion of the Seabrook Pool renovation project. Mayor Pro Tem Blackwell moved to reject the bid of Watson Electric and approve rebidding of the project, seconded by Councilmember Dempster and carried unanimously 8 to 0 with Councilmember Cheek excused. INFORMATION ITEMS 1. Report on issues raised regarding response to citizens concerns. 2. Quarterly Report for period ending June 30, 1996. 3. Invitation from the CHAMP Performing Arts Theater. 4. Copy of letter regarding Mayor's Task Force on Cape Fear River Basin. 5. Historic Resources Commission - minutes of June 25, 1996. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Councilmember Cheek excused. The meeting adjourned at 8:09 p.m. REGULAR MEETING AUGUST 5, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER AUGUST 5, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Thomas C. Dempster (at-large); James M. Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan K. Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy 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 Frank Simpson, Inspection Director Duke J. Piner, Fire Chief Robert Barefoot, Recreation/Community Facilities Director Steve Blanchard, General Manager, PWC (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Sylvia Keller, Fayetteville Freewill Holiness Church, 118 Sam Cameron Avenue, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins recognized and welcomed David Lawrence of Boy Scout Troop 743 and Boy Scout Troop 709, West Minister Presbyterian Church, to the meeting. 1. APPROVAL OF AGENDA City Attorney Robert Cogswell informed Council that Mr. Larry William McKinnon had requested legal representation in 96 CVS 3888, Walter Samuel Gibson and Lila Melvin, Plaintiffs, v. Larrie William McKinnon and The City of Fayetteville, Defendants. Mr. Cogswell recommended the authorization of the City Attorney's office to represent Mr. McKinnon. He also requested to add an executive session to the agenda in order to discuss litigation, City of Fayetteville, Plaintiff, v. Irene H. Kroustalis, Dimitrios S. Kroustalis, Dena H. Kranis, Steve Kranis, Yon P. Andres, d/b/a Lucky Saloon, Lessee, Yong H. Saltzman, d/b/a Sky Room Lounge, Lessee, and County of Cumberland, Defendants, 95 CVS 2578. Councilmember Cheek requested to add an item, the discussion of subject matters to be referred to the City/County Liaison Committee. Councilmember Smith requested to add an item regarding a proposed resolution to be sent to the Norfolk and Southern Railroad regarding the drainage problem in the Kinwood Subdivision. Councilmember Kendrick moved to approve the agenda with the addition of Items 16, 17, and 18, seconded by Councilmember Cheek and carried unanimously 9 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Smith requested to pull Item 2.A. and Councilmember Dempster requested to pull Item 2.E. Councilmember Kendrick moved to approve the consent agenda with the exceptions of Items 2.A. and 2.E. After a second from Councilmember McBryde, the consent agenda and following items were unanimously approved by a vote of 9 to 0. A. (Pulled for discussion) B. Approve minutes of regular meeting of July 15, 1996. C. Approve minutes of information meeting of July 22, 1996. D. Approve correction to minutes of October 2, 1995, and November 6, 1995. Item 3.E. of the October 2, 1995, agenda outline and Item 3.D. of the November 6, 1995, agenda outline were corrected by changing the statutory reference from 160A-2 to 160A-20. E. (Pulled for discussion) F. Adopt resolution declaring fire truck as surplus and authorizing disposal via the sealed bid method as allowed by N.C.G.S 160A-268. A RESOLUTION DECLARING A CITY OWNED ITEM SURPLUS AND AUTHORIZING DISPOSAL VIA THE SEALED BID METHOD AS ALLOWED BY N.C.G.S. 160A-268 & CODE OF FEDERAL REGULATIONS COMMON RULE 313, SUBPART C, SECTION 32.(C)(4). RESOLUTION NO. R1996-039. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1996. G. Approve contract with A&R Railroad for Buckhead Creek. H. Approve request for legal representation. The City Attorney's office was appointed legal representative for Larry McKinnon in Walter Samuel Gibson and Lila Melvin, Plaintiffs, v. Larrie William McKinnon and the City of Fayetteville, Defendants, 96 CVS 3888. I. Approve the initial zoning to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located on the south side of NC HWY 87 (Elizabethtown Road), east of Gillespie Street and being the site of the former Jaycee Fairgrounds. Containing 14.99 acres ore less and being the property of Riddle, Johnson and Kosterman, LLC, as evidenced by a map and legal description furnished by the City of Fayetteville, being all of Annexation Ordinance Number 96-05-413, and being annexed by the City of Fayetteville effective May 20, 1996. (Joint Planning Board Case: P96-86) J. Approve the initial zoning to R6 Residential District or to a more restrictive zoning classification for an area located on the north and south sides of Ridge Road, east of the intersection of Ridge Road and Shaw Mill Road. Containing 20.73 acres more or less and being the property of Omega VII, a North Carolina Partnership, as evidenced by a map and legal description furnished by the City of Fayetteville, being all of Annexation Ordinance Number 96-05-412 and being annexed by the City of Fayetteville effective May 20, 1996. (Joint Planning Board Case: P96-87) 2.A. Approve minutes of regular meeting of July 1, 1996. Councilmember Smith requested to have page 233 of the July 1, 1996, minutes, Item 3.A.1. changed to reflect Councilmember Torrey's opposition to the motion rather than Councilmember Smith. Councilmember Smith moved to approve the change, seconded by Councilmember McBryde and carried unanimously 9 to 0. 2.E. Approve conveyance of property in Vanstory Street area to Kingdom Community Development Corporation. Councilmember Dempster inquired about the process used to determine who is eligible to purchase City property for development. Assistant City Manager Ben Brown stated the decision was made as a result of public hearings. Councilmember Dempster moved to approve the conveyances, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. 3. PUBLIC HEARINGS: Mayor Dawkins set out the time limits for addressing the Council on public hearing and non-public hearing items. A. Consideration of the rezoning from R5A and R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 939 and 941 McPherson Church Road. Containing 1.19 acres more or less and being the property of William J. and Pat G. Mumau and Betsy G. and Pat G. Mumau as evidenced by deeds recorded in Deed Books 2403, Page 289 and 2612, Pages 278-279, respectively, Cumberland County Registry. (Joint Planning Board Case: P96-78) Assistant City Manager Jimmy Teal presented item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:15 p.m. Mr. Thad Mumau, 2408 Dartmouth Drive, Fayetteville, North Carolina, appeared for his father and requested the rezoning be approved. There was no one further to speak either in favor or opposition. The public hearing closed at 7:18 p.m. Councilmember Kendrick expressed his concern that the property was too close to a residential area. A lengthy discussion followed and Councilmember McBryde moved to approve the rezoning, seconded by Councilmember Dempster and carried unanimously 9 to 0. B. Consideration of the rezoning from R6 Residential District and M1 Industrial District to M2 Industrial District or to a more restrictive zoning classification for an area located on the west and east sides of Eufaula Street, north of Tillinghast Street and south of Vogel Drive. Containing 13.57 acres more or less and being the property of the County of Cumberland as acquired through the Eufaula Street relocation project and is evidenced by a map on file with the Planning Department. (Joint Planning Board Case: P96-84). Assistant City Manager Jimmy Teal presented this item. Mr. Teal recommended the Council defer the rezoning action on this property and conduct a fact-finding study of the area. The purpose of the study is to: 1. Provide information on the buffer of the landfill as required by the North Carolina Department of Environment, Health and Natural Resources. 2. Conduct a land use study of the area in regards to the specific rezoning case and future development. 3. Determine the responsibility for each unit of government and examine opportunities that could possibly benefit the area. City Manager John Smith reviewed the City's role in the Eufaula Street Project. Mr. Smith stated the funds for the Eufaula Street project had been County funds only. The County Commissioners had made all decisions as to the project area, the properties to be relocated, and the compensation paid for the relocation. The only decision made by the City was to administer in response to the County's request the program on behalf of the County. Mr. Smith stated that he would like to have an in-depth study done of this entire area to include the North Street area. This is the advertised public hearing set for this date and time. Mr. Danny Higgins, Staff Attorney for Cumberland County, appeared in favor of the rezoning. He gave a brief history of the landfill and reviewed the mandates set out by the State of North Carolina. Mr. Higgins addressed the issues of area traffic, the fence around the landfill, the cost and responsibilities involved in maintaining the landfill and the County's efforts in maintaining the integrity of the landfill. Mr. Larry Carter, County Solid Waste Director, 698 Ann Street, Fayetteville, North Carolina, also appeared in favor of the rezoning. Mr. Carter stated that the area was being used as a buffer zone only and the County must meet federal and state regulations. He stated the County needed to utilize the buildings that had been purchased during the relocation project and the buildings would be used to consolidate County departments. Appearing in opposition to the rezoning were Ms. Lula McDonald, 744 Eufaula Street, Mr. Henry Davis, 818 Eufaula Street, and Mr. Clinton Harris, 4713 Watauga Road, Fayetteville, North Carolina, a representative for the NAACP. The Council was asked to allow the area to be used only for a buffer zone and not to allow the rezoning to be done unless the current property owners could be relocated. There being no one further to speak either in favor or against the rezoning, the public hearing closed at 8:03 p.m. A discussion was held regarding the location and use of the fence as a prevention for illegal dumping and as a catchall for the protection of the area, the ingress and egress of the area, vehicle traffic in the area. Also discussed was the non-conformance of the County if the rezoning was denied insofar as the buildings being occupied and the height of the fence. Councilmember Ross moved to deny the rezoning, seconded by Councilmember Torrey. Mayor Pro Tem Blackwell expressed concern over the reoccurring problem in this area. A discussion ensued regarding the progress, evolution, and upgrades required in an area that is used for solid waste disposal. Mayor Pro Tem Blackwell made a substitute motion to authorize the City Planning Department to study the Eufaula Street and surrounding areas as set out in Mr. Teal's recommendation prior to the public hearing. Mayor Pro Tem Blackwell requested that the results of the study be brought back to City Council in a timely manner. Councilmember Cheek seconded the motion. Mayor Dawkins called for a vote and the substitute motion carried by a vote of 8 to 1 with Councilmember Torrey in opposition. C. Consideration of an ordinance to extend the corporate limits of the City of Fayetteville, N.C. (Cracker Barrel Restaurant. I-95/Cedar Creek Road Interchange) (Petition-Initiated Contiguous Annexation Area). This is the advertised public hearing set for this date and time. The public hearing opened at 8:45 p.m. Mr. Lynn Veazina, Site Development Administrator, appeared in favor of the annexation. There being no one else to speak either in favor or opposition, the public hearing closed at 8:48 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA [CRACKER BARREL RESTAURANT (LOCATED ADJACENT TO THE NORTHWESTERN QUADRANT OF THE I-95/CEDAR CREEK ROAD INTERCHANGE]. ANNEXATION ORDINANCE NO. 96-08-414. Mayor Pro Tem Blackwell moved to adopt the annexation ordinance, seconded by Councilmember Smith and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1996. 4. Consideration of request to address City Council from Henry Davis, Jr. Mr. Henry Davis, 818 Eufaula Street, Fayetteville, North Carolina, addressed the Council and expressed his opposition to the continuing health hazards imposed by the landfill in his community. Mr. Davis asked Council to consider relocating all property owners left in this neighborhood. 5. Consideration of request to address City Council from Barbara Mauer. Ms. Barbara Mauer addressed the Council regarding her ban from the City's parks because she fed the animals. Ms. Mauer expressed her opposition to the ban and stated that she has appealed the decision. Ms. Mauer also stated she felt she was being treated like a criminal. A discussion was held regarding the feeding of animals on school and City park property, the danger of rabid animals in the area, and the use of an oral bait for rabies prevention. Mr. Michael B. Kirby, Environmental Health Supervisor for the Cumberland County Health Department, expressed his concern for the feeding of the animals and the public safety threat which is being posed in his opinion. Ms. Mauer's formal notice of appeal was received by the City on July 30, 1996, at 4:40 p.m. 6. Consideration of the following PWC matters: A. Consideration of adoption of ordinance amending the Employees' Retirement Plan of the Public Works Commission of the City of Fayetteville to provide for an Ad Hoc Cost of Living Increase for Retirees effective July 1, 1996. This item was presented by Mr. Steve Blanchard, General Manager for PWC. THE AMENDED AND RESTATED EMPLOYEES' RETIREMENT PLAN OF THE PUBLIC WORKS COMMISSION OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-012. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Torrey and carried unanimously 9 to 0. B. Consideration of adoption of the Water Shortage Response Ordinance. Mr. Steve Blanchard presented this item with the assistance of Mr. Chad Ham, Environmental Specialist at PWC. Councilmember Cheek inquired as to whether the City Attorney had looked at the due process, the severe penalties to be assessed, and the appropriateness of the authority being given to the employees. Mr. Cogswell stated he felt okay because the penalty was up to a set amount, was not mandatory, and there was an appeal process. Mr. Ham stated the ordinance was based on the state's model ordinance insofar as the setting of the civil penalty standards applied. A discussion ensued regarding the procedures to be used in notifying the public. Mr. Blanchard and Mr. Ham explained that notice would be given through public announcements in the newspaper and an initial violation would not be fined, but any subsequent violations would be subject to the penalties. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE CREATING A NEW ARTICLE "V", "WATER SHORTAGE RESPONSE". ORDINANCE NO. S1996-013. Councilmember Torrey moved to approve the ordinance, seconded by Councilmember McBryde and carried unanimously 9 to 0. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book S1996. 7. Consideration of an offer to purchase 2.62 acre tract located on west side of Purdue Drive. This item was presented by City Manager John Smith. Mr. Smith recommended the rejection of this offer to purchase City property. Councilmember McBryde moved to reject the offer, seconded by Councilmember Smith, and carried unanimously 9 to 0. 8. Consideration of the following Traffic Services matters: A. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, of the City of Fayetteville Code of Ordinances: Schedule Number 6 - Stop Intersections, reversing stop control at Palomar and Whitney. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-027. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-028. Councilmember Kendrick inquired about the petitioning process and expressed his opinion that the petition should have been from the entire neighborhood because the original petition requesting the stop sign had been from the whole neighborhood. Councilmember Massey moved to adopt the ordinances, seconded by Councilmember McBryde and carried unanimously 9 to 0. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1996. City Council requested that notices and signs be placed for proper notification of the residents in this area. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, of the City of Fayetteville Code of Ordinances: Schedule Number 6 - Stop Intersections, changing yield control to stop control at Sandhurst Drive and Oliver Street. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-029. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-030. Mayor Pro Tem Blackwell moved to adopt the ordinances, seconded by Councilmember Smith and carried unanimously 9 to 0. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1996. 9. Consideration of the following Police Administration Building matters: A. Consideration of adoption of resolution closing Pittman Street. (Public hearing held October 23, 1995) RESOLUTION AND ORDER CLOSING PITTMAN STREET. RESOLUTION NO. R1996-040. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Dempster and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1996. B. Consideration of approval of Change Order No. 1 for the Police Administration Building Project. Deputy City Manager Roger Stancil presented this item. He recommended to Council the addition of $107,461.00 which included the helicopter pad to the construction contract in the amount of $7,624,269.00 approved on July 1, 1996. The addition would bring the total for the contract to $7,731,730.00. A discussion ensued regarding the helicopter pad, the windows in the building, the type tile to be used on the floors, the energy control heating system, and the addition of public rest rooms. Councilmember Dempster moved to approve Change Order No. 1 with the deletion of the $51,400.00 expenditure for the helicopter pad, seconded by Councilmember Massey. Councilmember Smith moved to amend the motion to reflect the inclusion of terrazzo tile. Councilmember Dempster accepted this amendment. Mayor Dawkins called for the vote on the motion and it carried by a vote of 7 to 2 with Councilmembers Blackwell and Cheek in opposition. 10. Consideration of adoption of ordinances amending the following Code of Ordinances of the City of Fayetteville: (Fire/Emergency Management) A. Article III, Hazardous Material and Substance Abatement, Section 12-51, Purpose and authority: to give the Fire Department the authority to remove placarded trailers which are left unattended. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 12-51 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-014. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Dempster and carried unanimously 9 to 0. B. Article III, Hazardous Material and Substance Abatement, Section 12-53, Responsibility; fees and charges: to make a party who may not be transporting or exercising control over hazardous materials but otherwise causes a hazardous materials spill responsible for the costs of abatement. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 12-53 OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-015. Councilmember McBryde moved to adopt the ordinance, seconded by Councilmember Dempster and carried unanimously 9 to 0. C. Article I, Fayetteville Emergency Management Agency; adoption of an ordinance to replace Chapter 10A, Civil Preparedness, and retitle Chapter 10A, "Emergency Management." AN ORDINANCE TO REPLACE FAYETTEVILLE CITY CODE CHAPTER 10A, CIVIL PREPAREDNESS, AND RETITLE CHAPTER 10A, "EMERGENCY MANAGEMENT". ORDINANCE NO. S1996-016. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Smith and carried unanimously 9 to 0. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book S1996. 11. Consideration of the following Seabrook Pool project matters: A. Approve award of construction contracts: City Manager John Smith presented this item. He recommended the award of the contracts for the general and plumbing construction for Seabrook Pool in the amount of $937,634.00. 1. General Construction - Nortec, Fayetteville, NC 2. Plumbing - McGirt's Plumbing, Maxton, NC Councilmember Torrey moved to approve and award the contracts, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. 12. Consideration of amendment to Section 32-56(9) of the Code of Ordinances creating a sixty day amortization period for the parking of tractor trailers off-street in residential areas. City Attorney Robert Cogswell presented this item. Councilmember Kendrick moved to refer this ordinance to the Planning Commission for their review, seconded by Councilmember Dempster and carried unanimously 9 to 0. 13. Report from Streets and Roads Committee. Councilmember Kendrick presented this item. He reported that Mr. Jimmy Teal had been designated to do test pilot areas for speed and traffic reduction in residential neighborhoods. Mr. Teal will return a report of his findings to the Streets and Roads Committee within 60 to 90 days. 14. APPOINTMENTS: A. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. Councilmember Smith nominated Mr. Billy C. Whittenton for the term which expired May 1996. B. Nominations to fill one vacancy on Fayetteville Board of Adjustment. Mayor Pro Tem Blackwell nominated Mr. Henry E. Clark for the vacancy. C. Nominations to fill one vacancy on Historic Resources Commission. Councilmember Smith nominated Dr. J. Wayne Riggins for the Category 2 vacancy. D. Nominations to fill one vacancy on Fayetteville Redevelopment Commission. Mayor Pro Tem Blackwell nominated Mr. Moses Best for the vacancy. 15. ADMINISTRATIVE REPORTS: A. Discussion of plaque to be displayed in agencies funded by the City of Fayetteville. A discussion was held and the consensus of opinion of the Council was to select the plaque with the Dogwoods for display in agencies funded by the City of Fayetteville. B. Report on HUD's approval of the City's FY96 Annual Action Plan and award of CDBG/HOME Program monies. C. Report on bond sale. City Manager John Smith reported there was a total net cash savings of $240,364.00 resulting in an average net annual savings of $18,490. 16. Executive Session (delayed until after Items 17 and 18). 17. Agenda referrals for the August 15, 1996, City/County Liaison Meeting. Councilmember Cheek requested to submit the enlargement of the metropolitan statistical area for discussion and Councilmember Kendrick requested a discussion be held on the feasibility of the County's Rescue Services Department providing the City with their services. 18. Kinwood Subdivision drainage problem. Councilmember Smith moved that there be a resolution prepared as soon as possible to be sent to the Norfolk and Southern Railroad requesting that the drainage construction be started immediately and that a starting and finishing time be included, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. Mayor Pro Tem Blackwell requested to be excused for the next regular meeting. Councilmember Smith moved to excuse Mayor Pro Tem Blackwell from the August 19, 1996, meeting, seconded by Councilmember Dempster and carried unanimously 9 to 0. 16. Executive session to discuss a litigation matter, City of Fayetteville, Plaintiff, v. Irene H. Kroustalis, Dimitrios S. Kroustalis, Dena H. Kranis, Steve Kranis, Yon P. Andres, d/b/a Lucky Saloon, Lessee, Yong H. Saltzman, d/b/a Sky Room Lounge, Lessee, and County of Cumberland, Defendants, 95 CVS 2578. Councilmember Kendrick moved to go into executive session to discuss litigation, City of Fayetteville, Plaintiff, v. Irene H. Kroustalis, Dimitrios S. Kroustalis, Dena H. Kranis, Steve Kranis, Yon P. Andres, d/b/a Lucky Saloon, Lessee, Yong H. Saltzman, d/b/a Sky Room Lounge, Lessee, and County of Cumberland, Defendants, 95 CVS 2578, seconded by Councilmember Massey and carried unanimously 9 to 0. The Council went into executive session at 10:27 p.m. The regular portion of the meeting resumed at 10:40 p.m. City Attorney Robert Cogswell recommended settling the lawsuit for $85,000.00. Mayor Pro Tem Blackwell moved to approve the settlement, seconded by Councilmember Cheek and carried unanimously by a vote of 7 to 2 with Councilmembers Smith and Dempster in opposition. INFORMATION ITEMS: 1. Statement of settlement of taxes for period from July 1, 1995, through June 30, 1996 from Cumberland County Tax Collector. 2. Memo regarding surplus weapon disposal. 3. Copy of letter from The Hope Center. 4. Report on Kinwood Neighborhood Meeting. 5. Copy of resolution adopted by Cumberland County Board of Commissioners in support of Mayor's Task Force on the Cape Fear River Basin. 6. Meeting notices and agendas for the following: a. City Planning Commission Special Meeting of August 6. b. City Zoning Commission Special Meeting of August 8. c. City Zoning Commission Special Meeting of August 13. 7. Report on Multi-way Stop in Montclair Subdivision. 8. PWC - minutes of July 10, 1996. 9. Fayetteville Redevelopment Commission - minutes of July 10, 1996. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Dempster and carried unanimously 9 to 0. The meeting adjourned at 10:45 p.m. REGULAR MEETING AUGUST 19, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER AUGUST 19, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Mayor Pro Tem J. Breeden Blackwell (at-large) Others Present: John P. Smith, City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Robert Barefoot, Recreation/Community Facilities Director Frank Simpson, Inspections Director James Rose, PWC Support Services Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Richard Hicks, Temple Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION Mayor Dawkins announced that Mayor Pro Tem Blackwell had been excused at the August 5, 1996, meeting. He informed Council that Mr. Blackwell's mother had had a severe stroke. 1. APPROVAL OF AGENDA Councilmember Smith moved to approve the Agenda, seconded by Councilmember Dempster and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. 2. Approve minutes of regular meeting of August 5, 1996. Councilmember McBryde moved to approve the minutes, seconded by Councilmember Smith and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. 3. PUBLIC HEARINGS: A. Consideration of the rezoning from P2 Professional District to C1A Area Commercial District or to a more restrictive zoning classification for an area located at 1026 Marlborough Road. Containing 0.17 acres more or less and being the property of David H. and Marjorie P. Johnson as evidenced by deed recorded in Deed Book 3188, Page 731, Cumberland County Registry. (P96-80) Assistant City Manager Jimmy Teal presented this item. He stated this would be the last item referred by the Joint Planning Board and their recommendation was to approve the rezoning. This is the advertised public hearing set for this date and time. The public hearing opened at 7:21 p.m. Mr. L. Stacy Weaver, Jr., Attorney for the petitioners, appeared in favor of the rezoning. He presented petitions from the surrounding neighborhoods in support of the rezoning. Mr. Ben Watson, 1916 Swan Street, also appeared in favor. There was no one appearing in opposition. The public hearing closed at 7:28 p.m. A question and answer period was held regarding the uses permitted in the different type zoning classifications being considered. Councilmember McBryde moved to approve the rezoning, seconded by Councilmember Smith and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. 4. Consideration of approval of sale of surplus police motorcycle to Carolina Car & Cycle, Fayetteville, NC, sole bid in the amount of $8,659.00. City Manager John Smith presented this item. Councilmember McBryde stated he felt the motorcycle should have been sold at an auction because of the demand for this type of vehicle. Councilmember Kendrick moved to approve the sale, seconded by Councilmember Dempster and carried by a vote of 7 to 1 with Councilmember McBryde in opposition and Mayor Pro Tem Blackwell excused. 5. Consideration of award of contract for purchase of four (4) substation voltage regulators to Scott-Parish Electrical, sole bidder in the amount of $102,668.00. Mr. James Rose, PWC, presented this item. He stated there was only one bidder because the equipment being purchased was not being mass produced. Mr. Rose stated this sale's price was the same as it had been for a like purchase made 18 months ago by PWC. Councilmember Torrey moved to approve the award of the contract, seconded by Councilmember Ross and carried unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. 6. Consideration of acceptance of Jennings Farm Road for City maintenance. Councilmember McBryde moved to refer this item to the Streets and Roads Committee for consideration, seconded by Councilmember Dempster and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. 7. Consideration of the following matters regarding the Cliffdale Interchange Project: A. Consideration of adoption of resolution with requests and comments to N.C. DOT. City Manager John Smith presented this item. He recommended adoption of the resolution. RESOLUTION REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO CONSIDER THE FOLLOWING ITEMS IN REGARDS TO THE CLIFFDALE ROAD/ALL AMERICAN FREEWAY INTERCHANGE PROJECT. RESOLUTION NO. R1996-041. Councilmember Cheek moved to approve the resolution with the following revisions and additions: TO BE REVISED AS FOLLOWS: 2. AN INVESTIGATION ON POSSIBLE MEASURES AND DESIGNS OF SUCH MEASURES TO ABATE THE NOISE FROM THE FREEWAY AFFECTING THE WESTWOOD NEIGHBORHOOD AND THE SURROUNDING AREA. THE FOLLOWING ADDITIONS ARE TO BE MADE: 6. INCLUSION OF CITY PLANNING STAFF IN THE DESIGN PROCESS. 7. PRESENTATION OF THE FINAL DESIGN CONCEPT PRIOR TO THE ENGINEERING DESIGN BEING COMPLETED. Councilmember Dempster seconded the motion. Councilmember Kendrick expressed his concern about the noise abatement in the area. He offered a friendly amendment that the North Carolina Department of Transportation provide funding for the acquisition of property, if necessary, and for noise abatement or construction of noise abatement barriers. Councilmembers Cheek and Dempster accepted the friendly amendment. Councilmember McBryde stated he felt the North Carolina Department of Transportation should be reminded that the Council initially approved this project based on the DOT's promise that the noise abatement problem would be addressed. Mr. McBryde also stated he felt Councilmembers should personally contact the North Carolina Department of Transportation regarding this matter. A discussion ensued regarding the acquisition of land and the projected dates for the implementation and completion of this project. Councilmember Kendrick inquired as to the status of this project if the state should reject the Council's request. City Manager John Smith stated it was his hope the State would give the Council's request serious consideration but they were in no way bound by the Council's request. Councilmember Cheek requested officially that Mayor Dawkins do a letter to Mr. Lyndo Tippett, our representative on the Commission. She also requested that regular updates be given to the Council. Councilmember Kendrick requested that the resolution be executed by all Councilmembers. Councilmember Massy called for the vote. The revised resolution was adopted unanimously by a vote of 8 to 0 with Mayor Pro Tem Blackwell excused. B. Consideration of Westwood Neighborhood Traffic situation. Councilmember Smith moved to refer this item to the Streets and Roads Committee, seconded by Councilmember Dempster and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. Councilmember McBryde requested that Mr. Larry J. McGlothlin be notified of the meeting. 8. Consideration of award of construction contract for the Fairfield Drive/Raeford Road Intersection Improvement Bond project to Barnhill Contracting Company, Inc., low bidder in the amount of $144,241.00. Mr. John Smith presented this item and recommended award of the contract to the lowest bidder. Bids received were as follows: Barnhill Contracting Company $ 144,241.00 McDonald Grading Company $ 159,605.00 Councilmember Kendrick moved to award the contract, seconded by Councilmember Smith and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. City Manager John Smith stated he thought this project would be completed by Thanksgiving. Councilmember Kendrick inquired as to the status of the right-turn lane at Owen Drive and Raeford Road. Mr. Jimmy Teal, Assistant City Manager, stated the design was complete, but the City and State were currently working on the participation amounts. Mr. Teal stated this project will probably take two years to complete. 9. Consideration of the following Recreation and Community Facilities matters: A. Consideration of the award of contract for electrical construction on Seabrook Pool to M&T Electrical (Sanford, NC), low bidder for a low negotiated bid in the amount of $44,450.00. Bids received were as follows: M&T Electrical (Sanford, NC) $ 45,950.00 Watson Electrical (Fayetteville, NC) $ 64,737.00 Councilmember Massey moved to award the contract, seconded by Councilmember Ross and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. B. Consideration of award of contract for Myers Park Recreation Center addition to Rubicon Group Inc., (Fayetteville), low bidder for a low negotiated bid in the amount of $131,000.00. Councilmember Dempster moved to award the contract, seconded by Councilmember Smith. Mr. John Smith, City Manager, made a correction to the architect's letter changing the 3,200 square feet to 1,300 square feet. A discussion was held regarding the current naming of the Meyer's Park Recreation Center and the ball field. Mr. Robert Barefoot stated he thought the name was correct, but he would come back to Council regarding this matter. Mayor Dawkins called for the vote and motion carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. Bids received were as follows: The Rubicon Group (Fayetteville, NC) $ 137,500.00 Ace Construction Company (Spring Lake, NC) $ 154,900.00 Shaw Construction Company (Spring Lake, NC) $ 182,982.00 10. Consideration of setting joint meetings with Public Works Commission Board. (Suggested meeting date/location: September 23, 1996, Lafayette Room, City Hall) Councilmember McBryde moved to set the joint meeting with the PWC Board for September 23, 1996, at 7:00 p.m., seconded by Councilmember Smith and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. Councilmember Cheek requested the Mayor's Committee On The River Basin be placed on the agenda for a status report. 11. Consideration of setting joint meeting with City Planning Commission to discuss policies. (Requested by Councilmember Suzan Cheek) Councilmember Cheek requested to set a meeting with the new City Planning Commission in order that the Council's goal setting and planning process and goals could be introduced to them. Councilmember Cheek then moved to set the meeting, seconded by Councilmember Dempster and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. After discussion the meeting was set for September 17, 1996, at 7:00 p.m., in the Lafayette Room of City Hall. 12. Consideration of setting date and time for City Council planning retreat. (Suggested meeting date/location: November 15-16, 1996, Fayetteville Regional Airport) Councilmember McBryde moved to set the Council's planning retreat for November 15-16, 1996, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. City Manager John Smith stated he planned to use the Institute of Government as facilitators. A discussion ensued regarding the goals and agenda for this meeting. 13. APPOINTMENTS: A. Nominations to fill one vacancy on Board of Appeals on Dwellings and Buildings. Mr. Billy Whittenton, Jr. was unanimously appointed to a first term of three years to expire May 1999. B. Nominations to fill one vacancy on Fayetteville Board of Adjustment. Mr. Henry E. Clark was unanimously appointed to a first term of three years to expire July 1999. C. Nominations to fill one vacancy on Historic Resources Commission. Councilmember Torrey nominated Mr. Floyd W. Caldwell, 7020 Bridge Avenue. Mr. J. Wayne Riggins was appointed to category two for a fill-in term expiring October 1997 by a vote of 5 to 3. Mr. Riggins was nominated at the August 5, 1996, meeting. D. Nominations to fill one vacancy on Fayetteville Redevelopment Commission. Councilmember Ross nominated Mr. Theodore Lindsey, 1610 Jason Circle. Mr. Theodore Lindsey was appointed by a vote of 5 to 3 to a fill in the term of Mildred Evans expiring December 1998. Councilmember Cheek requested a report on the attendance of the Fayetteville Redevelopment Commission members. A discussion ensued regarding a new system whereby the names of citizens who are interested in serving on the City's Boards and Commissions could be made available to the Council. Mr. Massey moved to refer to the Policy Sub Committee the issue of Council Committees and Commissions as they relate to effectiveness in attendance, term limits, and concise reporting to Council to look at Policy to see if they need to be changed or strengthened to improve committee structure, seconded by Councilmember Kendrick and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. 14. ADMINISTRATIVE REPORTS: A. Update on cablevision negotiations. City Manager John Smith presented this item. Mr. Smith stated Rice, William's Associates has been hired to assist the City, the County, and Fort Bragg in their negotiations for the renewal of the Cablevision franchise. He advised this would be a lengthy process. Councilmember Cheek requested that a schedule of the time frame and steps to be taken be provided. She stated she would like more information from Cablevision regarding their plans for the future. A discussion was held regarding satellite dishes and the process to be used in the negotiation of the franchise. B. Update on railroad relocation project. City Manager John Smith presented this report. He stated he would be coming back with firmer cost estimates at a later date. Councilmember Kendrick expressed his concern about the egress and ingress into the Village Baptist Church property on McPherson Church Road. Councilmember McBryde moved to refer this to Streets and Roads Committee, seconded by Councilmember Smith and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. INFORMATION ON PUBLIC HEARING SET: SEPTEMBER 3, 1996: A. Consideration of speed limit reduction for Oakdale Subdivision: Alamance Drive from Scotland Road to Its End Alleghany Road from Alamance Road to Watauga Road Beaufort Drive from Alleghany Road to Its End Pamlico Road from Alleghany Road to Its End Watauga Road from Alleghany Road to Its End Scotland Road from Raeford Road to Watauga Road INFORMATION ITEMS: 1. Statement of taxes collected for the month of July, 1996, from the Cumberland County Tax Collector. 1996 Taxes $59,773.97 1996 Vehicle Taxes $136,575.23 1996 REV $388.77 1996 Vehicle REV $70.02 1996 FVT $17,317.38 1996 Storm Water $4,536.14 1995 Taxes $30,607.52 1995 Vehicle Taxes $36,598.05 1995 REVIT $296.55 1995 Vehicle REVIT $1.41 1995 FVT $4,872.39 1995 Storm Water $2,909.89 1994 Taxes 4,388.44 1994 Vehicle Taxes 1,548.57 1994 REVIT $0.00 1994 Vehicle REVIT $0.00 1994 FVT $273.06 1993 Taxes 1,155.97 1993 Vehicle Taxes 263.37 1993 REVIT $0.00 1993 Vehicle REVIT $0.00 1993 FVT $53.32 1992 & Prior Taxes $19,008.40 1992 & Prior FVT $50.00 1992 & Prior REVIT $0.00 Interest $26,381.08 Interest (REVIT) $76.80 Interest (STORM WATER) $184.62 Fayetteville Discount ($1,194.62) REVIT. Discount ($7.78) Total Collections $346,128.55 2. Copy of resolution to Norfolk-Southern on Kinwood drainage situation. Councilmember Smith requested Mr. Teal to check the status of this item. 3. Report on Gilmore Park property. 4. Report on Foxfire Subdivision Community Information meeting. 5. Information from PWC regarding implementation of Facility Investment Fee and Temporary Reinstatement of 1/3 Participation Policy. 6. Police Department - Professional Standards monthly report for July, 1996. 7. PWC - minutes of July 24, 1996. 8. Airport Commission - minutes of July 9, 1996. 9. FACVB - minutes of June 13, 1996. Councilmember McBryde requested a Policy Committee meeting be set up for August 27, 1996, at 7:00 p.m. Mr. McBryde requested to do the evaluation of the City Manager and the City Attorney at the August 26, 1996, meeting. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember McBryde and carried unanimously 8 to 0 with Mayor Pro Tem Blackwell excused. The meeting adjourned at 8:47 p.m. INFORMATION MEETING AUGUST 26, 1996 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER AUGUST 26, 1996 7:00 PM Present: Mayor J. L. Dawkins Councilmembers Milo McBryde; Chris Dempster; Jim Smith; Ida Ross; Robert A. Massey, Jr.; Thelbert Torrey; Suzan Cheek; Mark Kendrick Absent: Mayor Pro Tem J. Breeden Blackwell Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert C. Cogswell, Jr., City Attorney (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Mayor Dawkins called the meeting to order at 7:00 p.m. Councilmember Cheek offered the invocation, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins announced that Mayor Pro Tem Blackwell had to return to South Carolina for illness in his family. Upon motion by Councilmember Smith, seconded by Councilmember Dempster, Council voted unanimously to excuse Mayor Pro Tem Blackwell. 1. APPROVAL OF AGENDA Upon motion by Councilmember McBryde, seconded by Councilmember Smith, Council voted unanimously to approve the agenda. 2. Report from Mayor's Task Force on Cape Fear River Basin. City Council first had a report from the Mayor's Task Force on the Cape Fear River Basin. This report was presented by City Manager John Smith. The Task Force was appointed by the Mayor because of the City's concern about the inter basin transfer involved in the City of Cary's request to withdraw water from Jordan lake. This inter basin transfer can have an impact on both the quality and quantity of water available to the City of Fayetteville. Nick Noland, Water Resources Manager for the Public Works Commission, and Greg Caison, Storm Water Utilities Manager for the City of Fayetteville, addressed questions raised by the Council. Council emphasized involving the public in this issue and informing the public on the critical nature of this issue. 3. Presentation on customer service plan. The Mayor then recognized the City Manager for a presentation on the proposed customer service plan. After preliminary remarks, the City Manager introduced Major Phillip Cannady, Chair of the Annexation Implementation Team, for a presentation on the activities on that team and the results of a survey taken by the team. Following Major Cannady's presentation, Terrie Hutaff introduced the customer focus team and reviewed the goals and activities undertaken thus far. 4. Closed Session to conduct City Manager and City Attorney yearly evaluations. Upon motion by Councilmember Massey, seconded by Councilmember Smith, Council voted unanimously to go into closed session for the yearly evaluations of the City Manager and the City Attorney at 8:45 p.m. INFORMATION ITEMS: 1. Information regarding NCLM Annual Business Meeting, October 14, 1996, Winston-Salem, NC. 2. Transportation Planning (TIP). Upon motion by Councilmember McBryde, seconded by Councilmember Smith, Council voted unanimously to adjourn at 10:55 p.m. REGULAR MEETING SEPTEMBER 3, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 3, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Thomas C. Dempster (at-large); James M. Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan K. Cheek (District 5); and Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager John B. 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 Frank Simpson, Inspection Director Kai Nelson, Finance Director James Rose, Support Services, PWC Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Tyrant Davenport of Family Fellowship Worship Center, Danbury Road, Fayetteville, NC, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins presented Ms. Fayetteville 1997 Nikita Shah with a bouquet of roses. He thanked her for being an ambassador for the City of Fayetteville. Ms. Shah addressed the Council and stated how privileged she felt to represent our City. 1. APPROVAL OF AGENDA City Manager John Smith corrected Item 14 by changing the number of vacancies on the Senior Citizens Advisory Board to reflect three vacancies rather than two. Councilmember Kendrick moved to approve the agenda, seconded by Councilmember Smith and carried unanimously 9 to 0. Mayor Dawkins welcomed the Public Administrations Class from Methodist College to the meeting. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Smith requested to pull Items 2.F. and 2.G. and Councilmember Torrey requested to pull Item 2.C. Councilmember McBryde moved to approve the consent agenda with the exceptions of Items 2.C., 2.F., and 2.G., seconded by Councilmember Kendrick and carried unanimously 9 to 0. The following items were approved: A. Approve minutes of regular meeting of August 19, 1996. B. Approve tax refunds over $100. Taxpayer's Nature of Clerical Name Error Amount Dogwood Leasing Filed an exemption for recycling $754.42 in 94. Was in effect for 95. Equipment exempt for recycling. Grimsley, Donald Louise, Jr. Illegal Tax: Military Non-Resident. $117.41 . LES on file. FL-9/7/95. Johnnie D. Hall .05 Acs out to r/w Cheselka St. per $192.05 deed 3474-144 (4/14/89) deed not recorded. McDonald's Restaurant Equipment listed in error per $118.64 of NC #5199 attached letter. Willson, Brian H., DDS Equipment already listed and $399.21 billed on #8221592 by the leasing company HPSC. Smith, Sylvester Lee and Illegal Tax: Military Non-Resident. $141.28 Shirley A. LES on file. TX-July 95. Raeford Car Care, Inc., Taxpayer submitted amended listing $860.73 T/A All Tune & Lube and tax district was corrected. Tisdell, Nettie House burn 2-10-92 (see attached). $241.68 C. (Pulled for discussion) D. Adopt ordinance amending Section 2-25(b), Membership and Appointment of the Fayetteville Human Relations Commission, regarding date for expiration of terms. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 2-25(b), MEMBERSHIP AND APPOINTMENT OF THE FAYETTEVILLE HUMAN RELATIONS COMMISSION, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-017. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1996. E. Authorize advertisement for upset bid an offer to purchase a portion of City (PWC) property on west side of Murphy Road (SR 1723) across from Butler-Warner Electric Generation Plant. F. (Pulled for discussion) G. (Pulled for discussion) C. Approve the transfer of Lot 4, Block E on Cowan Street in Villetex Mills. (P.I.N. 0426-16-93-0608, Plat Book 10, Page 50) to Habitat for Humanity. Councilmember Torrey inquired as to the location of future housing to be built with Community Development funds. Councilmember Torrey moved to approve the transfer of property, seconded by Councilmember Dempster and carried unanimously 9 to 0. F. Approve rejection of bid received for sale of surplus weapons. Councilmember Smith pulled this item for discussion. City Manager John Smith recommended a rejection of the bid because it was for one-third one of the determined value of the weapons. A discussion ensued regarding the bidding process, the issue of reselling the weapons to the public versus the destruction of the weapons, the method of determination of the weapons' values, and the legality of the procedures currently being used for the disposal of surplus weapons. Councilmember Massey requested that the staff research the issue to ensure that the City is operating within the framework of the legislative process. Councilmember Smith moved to reject the bid with follow-up information to be provided, seconded by Councilmember Massey and carried unanimously 9 to 0. G. Adopt Special Revenue Fund Project Ordinance 97-2 (HUD CDBG FY 96-97) and 97-3 (HOME FY 96-97). Councilmember Smith pulled this item for discussion. He inquired as to the decrease in this budget. Assistant City Manager John B. Brown stated the decrease was in the amount of $24,000.00. The U.S. Department of Housing and Urban Development has awarded the City $1,185,000.00 in CDBG funds and $514,000.00 in HOME funds for FY 96-97. The funds will be used for housing activities, homeless services, community development, public facilities, economic development and general administration. A local match of $57,825.00 is required for the HOME program and is budgeted in the General Fund. Councilmember Smith moved to adopt the ordinance, seconded by Councilmember Cheek and carried unanimously 9 to 0. 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 following streets in Oakdale Subdivision 1. Alamance Dr from Scotland Rd to Its End 2. Alleghany Rd from Alamance Rd to Watauga Rd 3. Beaufort Dr from Alleghany Rd to Its End 4. Pamlico Rd from Alleghany Rd to Its End 5. Watauga Rd from Alleghany Rd to Its End 6. Scotland Rd from Raeford Rd to Watauga Rd 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 7:25 p.m. Mr. Richard M. Leslie, President of the Oakdale Community Watch, appeared in favor of the speed limit reductions. There being no one further to speak either in favor or opposition, the public hearing closed at 7:26 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-031. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember McBryde and carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1996. B. Consideration of the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 1004 Hay Street. Containing .28 acres more or less and being the property of Marie Holmes Leggett Whisman as evidenced by deed recorded in Deed Book 475, Page 265, Cumberland County Registry.(P96-101F) Assistant City Manager Jimmy Teal presented this item. Mr. Teal gave background information on this item. He stated that both a 1980 study done by the Joint Planning Board and the 2010 Land Use Plan recommended professional use of this area. Mr. Teal stated the City Zoning Commission had recommended approval of the rezoning from R5 to P2, but due to a procedural error in the motion process, the Zoning Commission's action was in effect to deny the rezoning. Mr. Cogswell, City Attorney, concurred with the background information. This is the advertised public hearing set for this date and time. The public hearing opened at 7:34 p.m. Appearing in favor of the rezoning was Ms. Anne Evans, Attorney for the petitioners. Mr. William J. Gothard, Chairman of the City Zoning Commission, appeared and expressed his apologies to the Council for the procedural error which had made this appeal necessary. There was no one else to speak in favor. Mr. Tom Ellzey, 302 Spring Street, Fayetteville, NC, appeared in opposition. There was no one further to speak in opposition and the public hearing closed at 7:45 p.m. Following discussion, Councilmember McBryde moved to approve the rezoning from R5 to P2, seconded by Mayor Pro Tem Blackwell and carried by a vote of 8 to 1 with Councilmember Ross in opposition. 4. Consideration of the rezoning from R15 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located at 2309 Morganton Road. Containing 1.08 acres more or less and being the property of Elizabeth F. Mathieu as evidenced by deed recorded in Deed Book 4277, Page 278, Cumberland County Registry. (P96-104F) This item was presented by Kathy Baker of the City Planning Staff. A discussion was held regarding the density requirements of the residential zoning districts. Councilmember Cheek moved to set a public hearing for October 7, 1996, seconded by Councilmember Kendrick and carried unanimously 9 to 0. Councilmember Cheek moved to include the City Zoning Commission in the Council's joint meeting with the Planning Commission set for September 17, 1996, seconded by Councilmember Dempster and carried by a vote of 8 to 1 with Councilmember Massey opposed. 5. Consideration of offer to purchase property on Hay Street. (Former Lafayette Hotel site). City Manager John Smith presented this item and recommended the rejection of the $10,000.00 offer. Mr. Smith's basis for rejection was the current fair market value of the property and the fact the proposed use would not add to the tax base of the downtown area. Councilmember Kendrick moved to reject the offer, seconded by Councilmember Smith and carried unanimously 9 to 0. 6. Consideration of the following actions for expansion of the Arsenal Park at the Museum of the Cape Fear: City Manager John Smith presented this item. Mr. Smith gave a history of the project and its funding. A. Consideration of approval of purchase of properties located at 207 and 209 Myrover Street. Councilmember Kendrick moved to approve the purchase of the property, seconded by Councilmember Smith and carried unanimously 9 to 0. B. Consideration of adoption of resolution ordering the condemnation of property located at 825 Arsenal Avenue. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY. RESOLUTION NO. R1996-042. Mayor Pro Tem Blackwell moved to adopt the resolution, seconded by Councilmember Kendrick and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1996. 7. Consideration of award of contract for purchase of Global Positioning System (GPS) Surveying Equipment to Duncan-Parnell, Inc., sole source bidder, in the amount of $115,656.00. (PWC) Councilmember Smith moved to award the contract, seconded by Councilmember Torrey and carried unanimously 9 to 0. 8. Consideration of award of construction contract for the Sidewalk Project-Phase I on the north side of Morganton Road from McPherson Church Road to Ellerslie Street to Nortec Construction Services, Inc., in the amount of $169,895.00 (Fayetteville) This item was presented by City Manager John Smith. Councilmember McBryde moved to reject the Atlas bid and to award the contract to Nortec, seconded by Councilmember Cheek and carried unanimously 9 to 0. Bids were received as follows: Atlas Resource Management, Inc. $163,400.00* (*rejected due to inadequate license) Nortec Construction Services, Inc. $169,895.00 McDonald Grading Company, Inc. $178,513.75 Councilmember Cheek requested that the property owners be notified in detail of what the plans are. She also stated she would like for the staff and citizens to be made aware of the delicate drainage problems that might be encountered in the areas where the sidewalk is lower than the street. Mayor Dawkins stated in reference to the Kinwood Subdivision drainage problem that on September 16, 1996, the railroad hopes to have the materials available and to have the installation of the project complete within a week of that date. 9. Consideration of the following street improvement matters: City Manager John Smith presented this item and recommended the approval of the application for the issuance of two-thirds net debt reduction bonds for street improvements in the Phase II annexation area. The repayment of the bonds is provided for in the financing plan for the Phase II annexation. A. Consideration of adoption of resolution making certain findings relating to the authorization and issuance of street improvement bonds of the City of Fayetteville, North Carolina, and ratifying action of Finance Director in filing application for approval thereof with the Local Government Commission. RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE AUTHORIZATION AND ISSUANCE OF STREET IMPROVEMENT BONDS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA, AND RATIFYING ACTION OF FINANCE DIRECTOR IN FILING APPLICATION FOR APPROVAL THEREOF WITH LOCAL GOVERNMENT COMMISSION. RESOLUTION NO. R1996-043. Councilmember Torrey moved to adopt the resolution, seconded by Councilmember Kendrick and carried unanimously 9 to 0. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1996. B. Consideration of introduction of an order authorizing $2,775,000 street improvement bonds. Councilmember Kendrick moved to approve the introduction of the order and the first reading, seconded by Councilmember Dempster and carried unanimously 9 to 0. C. Set public hearing for September 16, 1996, to accept public comment upon the foregoing order. Councilmember McBryde moved to set a public hearing for September 16, 1996, to accept public comment, seconded by Mayor Pro Tem Blackwell and carried unanimously 9 to 0. 10. Consideration of ITRE Sidewalk Study. City Manager John Smith presented this item. He recommended to refer the sidewalks list to the Streets and Roads Committee and to proceed with the repair of the 11 sidewalks listed by Risk Management as damaged. Councilmember McBryde moved to follow the City Manager's recommendation, seconded by Councilmember Kendrick and carried unanimously 9 to 0. Councilmember Cheek requested that Deaver Street be added to the list of 11 sidewalks to be repaired. She also requested that the sidewalk list be sorted by street name as well as by the condition before it is returned to Council for their consideration. 11. Consideration of award of contract for purchase of CAD and Police Record Management System computer systems to National Computer Resources, Inc., (NCRI) (Michigan), sole bidder. City Manager John Smith recommended the purchase of this equipment as opposed to the continued leasing. Councilmember Smith moved to award the contract, seconded by Mayor Pro Tem Blackwell. Councilmember McBryde inquired as to how much would be saved by purchasing the equipment rather than leasing. Mr. Craig Hampton stated there would be a 20 percent savings. Mayor Dawkins called for the vote and the motion carried unanimously 9 to 0. 12. Consideration of setting of annual salaries for City Manager and City Attorney. Councilmember Kendrick moved to go into executive session to discuss the salaries of the City Manager and the City Attorney, seconded by Councilmember Dempster and carried unanimously 9 to 0. The Council went into executive session at approximately 8:45 p.m. The regular session resumed at 9:17 p.m. Councilmember Massey moved to set the City Manager's annual 1996-1997 salary at $95,450.00. The Mayor called for a vote and the motion carried by a vote of 6 to 3 with Councilmembers McBryde and Kendrick and Mayor Pro Tem Blackwell in opposition. Councilmember McBryde stated that the City Attorney's salary had dropped over the past few years and an adjustment needed to be made to make him the second highest salary in the City. Therefore he moved to set the City Attorney's annual 1996-1997 salary at $85,500.00, seconded by Councilmember Massey and carried by a vote of 7 to 2 with Councilmembers Smith and Ross in opposition. 13. Consideration of items to be referred to the City County Liaison Committee. Councilmember Smith requested that the Liaison Committee consider the possibility of having joint meetings of the City Council and the County Commissioners on an as-needed basis. He stated he believed this would keep the lines of communication open between the two bodies. Councilmember Massey raised the issue of the coordination of planning issues with the Cumberland County Joint Planning Board. Mayor Dawkins stated this was currently being done and there was no need for it to be referred to the Liaison Committee. 14. APPOINTMENTS: A. Nominations to fill two vacancies on Joint Senior Citizens Advisory Board. The following nominations were made: 1. Ms. Oxendine (nominated by Councilmember Ross) 2. Susan B. Reid (nominated by Mayor Pro Tem Blackwell) 3. Jerome T. Scott (nominated by Councilmember Torrey) 4. Daisy McDonald (nominated by Councilmember Torrey) INFORMATION ITEMS: 1. Information requested on cablevision project timeline. 2. Report on tax refunds less than $100. Taxpayer's Nature of Clerical Name Error Amount Tucker, Deon Cavins Illegal Tax: Military Non-Resident. $29.71 LES on file. FL-4/7/97. Vincent, Forrest and Illegal Tax: Military Non-Resident. $9.41 Tammie R. LES on file for Forrest. CA Woodrum, Kevin Lee and Illegal Tax: Military Non-Resident. $1.15 Etta Estelle LES on file for Kevin. FL-9/6/97 recorded. Wiener King of Amended original 1995 Listing form. $42.30 Cumberland County, Assessment was less than original Inc. assessment. Brown, Tyrone Illegal Tax: Military Non-Resident. $66.42 LES on file. NJ-5/8/94 leasing company HPSC. Chojnacki, Kim Michael Illegal Tax: Military Non-Resident. $16.62 LES on file. IL Scruggs, Woodrow DMV keyed incorrect year on truck. $32.60 Wilson Per the VIN it is a 1992 not a 1995. Remaly, Steward E. Illegal Tax: Military Non-Resident. $11.39 LES on file. TN McCurdy, Sharon Y. and Illegal Tax: Military Non-Resident. $5.52 Jarvis B. LES on file for Jarvis. WY 3. Copy of letter from Norfolk Southern regarding Kinwood drainage situation. 4. Copy of letter from Mayor to Chairman of County Commissioners regarding Fayetteville's municipal influence area. 5. PWC - minutes of August 14, 1996. 6. Appearance Commission - minutes of May 28, 1996. 7. Airport Commission - minutes of July 30, 1996. 8. Recreation and Parks Advisory Commission - minutes of August 26, 1996. 9. Human Relations Commission - agenda for September 12, 1996, meeting. Councilmember Torrey inquired about parking spaces for people in the Kress Building. Mr. Smith stated he would look into the matter and discuss it with the persons involved. Mayor Pro Tem Blackwell requested an update on the Morgan Lane Plan. Councilmember Cheek thanked everyone for the cablevision update and requested that Cablevision also move up their RFP a month (Item 6) to coincide with the other changes. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Smith and carried unanimously 9 to 0. The meeting adjourned at 9:30 p.m. SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY COMMISSIONERS SEPTEMBER 9, 1996 FAYETTEVILLE CITY COUNCIL SPECIAL JOINT MEETING WITH CUMBERLAND COUNTY COMMISSIONERS ARTHUR SMITH RECREATION CENTER AT SEABROOK PARK SEPTEMBER 9, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell; Milo McBryde; Thomas C. Dempster; James M. Smith; Ida Ross; Robert A. Massey, Jr.; Suzan K. Cheek; Mark Kendrick Absent: Councilmember Thelbert Torrey Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert C. Cogswell, Jr., City Attorney Cumberland County Commissioners Fayetteville Partnership (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Mayor Dawkins called the meeting to order at 7:20 p.m. Cumberland County Commission Chair Tom Bacote called the County Commissioners to order. Mayor Dawkins recognized Councilmember Cheek who stated her concern that a report on the hurricane should be the only business at this meeting tonight. Councilmember Ross stated that she agreed with Councilmember Cheek. Mayor Dawkins then recognized Mac Healy of Fayetteville Partnership. Mr. Healy stated that, at the end of this meeting, Fayetteville Partnership will request the release of budgeted funds for schematic design. Mr. Healy was followed by Howell Beach of the Robert Marvin firm, who discussed the design process. Robert Marvin then discussed the specifics of the plan. Mr. Beach discussed the preliminary cost estimates which included $22 million for construction, $1.4 million for demolition, $3.7 million for infrastructure improvements, and $1.6 million for land acquisition for a total estimated cost of $28.7 million. Mr. Beach indicated that the schematic design process would take approximately nine months. He also stated that the preliminary cost estimate does not include the railroad relocation project or the design fee. He stated that the design fee for schematic design would be $463,000. He also estimated that we were approximately two years from ground breaking. Cumberland County Manger Cliff Strassenburg stated that this year's county budget includes $50,000 for a continuation of this project. City Manager John Smith stated that this year's general fund budget includes $150,000 for the continuation of this project. He stated that the Public Works Commission budget also includes $2 million this year for this project. He recommended that the City Council use $263,000 from the PWC budget to supplement the funds already appropriated by the City and the County to fund the schematic design contract with Robert Marvin and Associates. Mr. Don Broadwell, a local developer, addressed the meeting. He stated that the infrastructure for this project was already in place. The project consists of urban infill, of recycling land. He stated that this project should cause the tax base to increase, which would offset the cost. Brownie McLeod, Branch Bank & Trust Co., addressed the Council. He stated that he saw this project as an investment not just an expenditure of public funds. He projected that it would be an economic catalyst. His review of other communities revealed that enormous private investment followed the public investment. Dick Lewis, a local attorney, addressed the Council. He stated that information from other cities revealed that although the project will cost money, the results are worth it. He committed to the Council that "A Complete Fayetteville Once and For All" would run political interference for the Council on this project. Colonel John W. May, Garrison Commander of Fort Bragg, addressed the Council. He stated that Fort Bragg was a partner with the City of Fayetteville and this community. We are all looking for an improved quality of life. He stated that one must look after the people entrusted to us and that "your citizens are our citizens." Dr. Willis McLeod, Chancellor of Fayetteville State University, addressed the Council. He stated that for Fayetteville State University he saw this project and the efforts of "A Complete Fayetteville Once and For All" as an opportunity for new avenues of cooperation between the university and the community. Upon motion by Councilmember Smith, seconded by Councilmember Ross, Council voted unanimously to excuse Councilmember Torrey. After brief remarks by County Commission Chairman Tom Bacote, the County Commissioners voted unanimously to approve the expenditure of county appropriated funds for the schematic design contract. Councilmember Breeden Blackwell moved that Council authorize that the $150,000 appropriated from the general fund budget and $263,000 from the Public Works Commission budget be used for the contract for schematic design with Robert Marvin and Associates. This motion was seconded by Councilmember Massey. Councilmember Smith offered a substitute motion that action on this request be postponed for two weeks. This motion was seconded by Councilmember Cheek. The substitute motion passed with Councilmembers Smith, Ross, Dempster, McBryde, Kendrick, and Cheek voting in the affirmative and Councilmembers Blackwell and Massey voting in the negative. Councilmember Cheek requested that the Council be provided information on the railroad relocation project, the design fee for phases 3, 4, and 5, and information prepared by Hyett Palma before a decision could be made. Howell Beach responded that it was impossible to estimate the design fee for phases 3, 4, and 5 because it is not known what will be included in those phases. Mr. Healy responded that the Hyett Palma information had been forwarded to the City Council previously. Mayor Dawkins then recognized PWC General Manager Steve Blanchard for a report on hurricane activity. Mr. Blanchard reported that as of 11 o'clock Thursday night 45,000 of the 62,000 PWC electrical customers were without electricity. He reported that as of today 900-1,000 people are still out of service, plus 400-500 customers are in such a condition that power cannot be turned on until the property owners deal with conditions on their property. He also stated that PWC had lost a $1.2 million transformer at point of delivery number 2 and the cost to PWC on this storm was approximately $2.5 million. County Manager Cliff Strassenburg and County Emergency Management Coordinator Grabowski reported on the County's activities and stated that FEMA had not yet determined Cumberland County to be eligible for public assistance. City Manager John Smith then reported on the City's activities as a result of the storm. Upon motion by Councilmember Smith, seconded by Councilmember Massey, Council voted unanimously to adjourn the meeting at 9:40 p.m. REGULAR MEETING SEPTEMBER 16, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS SEPTEMBER 16, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Frank Simpson, Inspections Director Craig Hampton, Administrative Services Director Kai Nelson, Finance Director Steve Blanchard, PWC Manager Kathy Baker, Planning Staff Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Sandy Saunders, Synder Memorial Baptist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: 1. APPROVAL OF AGENDA City Manager John Smith requested to add item 3.D., an Update on Hurricane Fran and Debris Removal, to the agenda. Mayor Pro Tem Blackwell moved to add the item after the public hearing, seconded by Councilmember Smith and carried unanimously 9 to 0. City Attorney Robert C. Cogswell, Jr. requested to add the name and file number 96CVS5634 to Item 2.G. See the item for the full name of the case. Councilmember McBryde moved to approve the agenda with the additions, seconded by Councilmember Dempster and carried unanimously 9 to 0. 2. CONSENT: Councilmember Smith moved to approve the consent agenda, seconded by Councilmember Cheek and carried unanimously 9 to 0. The following items were unanimously approved: A. Approve minutes of regular meeting of September 3, 1996. B. Approve Lease Agreement between City of Fayetteville and Cumberland County for bus shelter located at Department of Social Services on Hay Street. C. Adopt resolution authorizing the sale of a tract of land located on the West side of Murphy Road (SR 1723). RESOLUTION AUTHORIZING THE SALE OF CITY OF FAYETTEVILLE PROPERTY. RESOLUTION NO. R1996-044. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. D. Approve transfer of a vacant lot on corner of Buxton Boulevard and Old Wilmington Road to Habitat for Humanity. (P.I.N. 0436-08-78-7147, former PWC substation site.) E. Adopt ordinance amending Chapter 20, Motor Vehicles and Traffic, of the City of Fayetteville Code of Ordinances to prohibit parking at all times on Alexander Street. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-032. A copy of the foregoing ordinance is on file in the clerk's office in Ordinance Book NS1996. F. Approve award of contract for initial purchase and future purchases of video surveillance equipment for Police patrol vehicles to Kustom Signals, Inc., (Lenexa, KS), low bidder in the amount of $30,269.00. Bids were received for the full contract as follows: Kustom Signals $90,209.70 Alpha Controls $95,690.36 G. Approve request for legal representation. Billy Jackson and Lillie Jackson vs. Officer Derrick Boyd, Fayetteville, City Police Department, and The City of Fayetteville. Case 96CVS5634. Mr. Cogswell stated he found Officer Boyd was acting within the course and scope of his employment at the time of the alleged incident and recommended the City Attorney's Office be appointed to represent Officer Boyd. 3. PUBLIC HEARINGS: A. Consideration of the rezoning from C1P Shopping Center District to R5 Residential District or to a more restrictive zoning classification for an area located on the north side of Cliffdale Road and south side of the Aberdeen and Rockfish Railroad. Containing 12.07 acres more or less and being the property of Cliffdale One Limited Partnership, as evidenced by deed recorded in Deed Book 3185, Page 849, Cumberland County Registry. (P96-100) Mr. Jimmy Teal, Assistant City Manager, presented this item. He stated the petitioner had requested R-5, the staff had recommended R5A and the City Zoning Commission had chosen to deny the request and leave the property C1P. The action taken by the Zoning Commission had been in response to the petitioner who had requested that the property remain C1P rather than having the property zoned R5A. Mr. Teal reviewed the traffic impact and the public school impact. He explained that after reviewing these factors, the staff still favored the R5A development in terms of lessening the impact upon the traffic and school population. In comparing the R-5 zoning to the C1P zoning, the staff favored the residential zoning. This was based primarily on the potential impact of increased traffic within the area for a commercial development as compared to the traffic generated from a residential development. A discussion ensued regarding the source of the impact figures used in the report and the projected impact of commercial zoning versus residential zoning. This is the advertised public hearing set for this date and time. The public hearing opened at 7:17 p.m. Mr. Richard M. Lewis, Attorney for the petitioners, 330 Dick Street, Fayetteville, North Carolina, appeared in favor of the rezoning to R5. Mr. Lewis requested that should the Council not grant his request to rezone from C1P to R5 the petitioners would request that the zoning be left C1P because a more restrictive classification to R5A would not allow a sufficient return on the investment for the petitioners to go forward with the project and would diminish the development of the land. There was no one further to speak either in favor or opposition to this item. The public hearing closed at 7:32 p.m. Councilmember McBryde moved to rezone the property to R5 residential district, seconded by Councilmember Kendrick and carried unanimously 9 to 0. B. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 300 Roxie Avenue. Containing .24 acres more or less and being the property of Jasper Vernon Culbreth, Sr., and Leola Bunce Culbreth as evidenced by deed recorded in Deed Book 2428, Page 693, Cumberland County Registry. (P96-102F) Ms. Kathy Baker, of the Planning Staff, presented this item. She explained that when the initial zoning was done before the Cumberland County Joint Planning Board, Mr. Culbreth spoke in opposition stating that he wanted his property zoned commercial. The Board recognized that he was in opposition and allowed him to request a rezoning, at no cost. The City Planning Division has honored that decision by not charging Mr. Culbreth a fee for his rezoning application. Ms. Baker reported that the staff recommends denial of his request from R10 to C1 based on the following: 1. The City Attorney has advised that the rezoning may be considered illegal spot zoning. 2. The 2010 Land Use Plan recommends low density residential uses at this location. 3. The business was a legal nonconforming use prior to annexation and remains a legal nonconforming use since the initial zoning of R10. A discussion ensued regarding the modifications the owner wanted to make to his property. Mr. Frank Simpson, Inspections Director, stated he would have no problem with the addition of a bathroom to the property, because the property was currently below minimum standards and this would bring it up to minimum standards. However, the ordinance would not allow the temporary buildings at the back of the property to be demolished. This is the advertised public hearing set for this date and time. The public hearing opened at 7:40 p.m. Mr. Vernon Culbreth, 2512 McNeill Circle, appeared in favor of the rezoning. He stated that for 25 years he has owned and operated his business at this location. Mr. Culbreth said there has never been a residence on the property and that it had always been a business. He stated he felt the property should have been zoned C1 initially because it was a business and not a residence and zoning C1 would not change the neighborhood because the use would not change. There being no one further to speak either in favor or opposition the public hearing closed at 7:45 p.m. A discussion ensued regarding the illegal spot zoning and the plans for the upgrading of the building by the owners. Councilmember McBryde moved to refer the item to the City Planning Commission to have them look at this area and come back with a Land Use Plan to include several blocks, seconded by Mayor Pro Tem Blackwell. Councilmember Cheek made a substitute motion to refer the item back to the Inspection Department first so they could work with the owners on what can be done, seconded by Councilmember Kendrick. Ms. Cheek then added that this item be brought back to Council at the October 7, 1996, meeting. Mayor Dawkins clarified that no one had officially decided the property in question would be zoned C1. There had only been a recommendation by the Joint Planning Board that this should be the classification. City Attorney Robert C. Cogswell, Jr. read the minutes of the Joint Planning Board regarding this matter. Councilmember McBryde expressed his support for the substitute motion and for closing the public hearing. Councilmember Kendrick expressed his concern with the effect another land use study would have on Roxie Avenue. Mayor Dawkins called for the vote and the substitute motion carried unanimously by a vote 9 to 0. C. Consideration of the Order authorizing $2,775,000 Street Improvement Bonds. Mr. John Smith, city manager, 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 to the item. The public hearing opened and closed at 7:59 p.m. RESOLUTION ORDER AUTHORIZING $2,775,000 STREET IMPROVEMENT BONDS. RESOLUTION NO. R1996-045. Councilmember Smith moved to approve the resolution, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. D. Update on Hurricane Fran and debris removal. City Manager John Smith presented the Council with an update on the clean up resulting from Hurricane Fran. He stated the priorities of the City had been (1) to assist PWC crews, (2) to clear main thoroughfares, (3) to clear school bus routes, and (4) to clean up residential areas. Mr. Smith stated the City is still in phase four and will be for some time to come. Mr. Smith reported there had been some roof damage to City Hall, four Hurricane related job injuries and Cumberland County had been declared a disaster area for private individuals by the Federal Emergency Management Agency (FEMA). However, it had not been determined at this point if the City would receive reimbursement from FEMA. Mr. Smith stated that the City has several options and his recommendation was to contract with ARS for a one-time pass of the City and then to reevaluate the debris situation. A discussion was held regarding wood pickup and stock piling, time required to complete the clean up project, and the identification of neighborhoods by their needs. Mayor Dawkins asked if there were any objections to the City Manager's recommendation. There were none. 4. Consideration of the purchase of the following properties for Hollywood Heights Proposed Park: Lots 11,12, and 13, Block B, Hollywood Heights, Section II, Plat Book 22, Page 28, Cumberland County Registry. City Manager John Smith presented this item and he recommended the purchase of the property for the amount of $18,000. Mr. Robert Barefoot, Recreation/Community Facilities Director, gave Council background on the project. A discussion ensued regarding the Parks and Recreation Advisory Commission's lack of input into this specific site. Councilmember Cheek requested an update on the parks and recreation plan for the annexed area. Councilmember Cheek moved to refer this item to the Parks and Recreation Advisory Commission for their consideration and recommendation, seconded by Councilmember Kendrick and carried unanimously 9 to 0. 5. Consideration of adoption of the following reimbursement resolutions: A. 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 financing for certain expenditures made and to be made in connection with the acquisition, construction and equipping of certain capital improvements (voter authorized projects.) 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 FINANCING FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS (VOTER AUTHORIZED PROJECTS.) RESOLUTION NO. R1996-046. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously 9 to 0. B. 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 to be made in connection with the acquisition, construction and equipping of certain capital improvements (Area 300 Annexation 2/3rd's net debt reduction projects.) 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 FINANCING FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS (AREA 300 ANNEXATION 2/3RD'S NET DEBT REDUCTION PROJECTS.) RESOLUTION NO. R1996-047. Councilmember Dempster moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously 9 to 0. C. 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 financing for certain expenditures made and to be made in connection with the acquisition, construction and equipping of certain capital improvements (Area 300 Annexation parks and recreation improvements.) 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 FINANCING FOR CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS (AREA 300 ANNEXATION PARKS & RECREATION IMPROVEMENTS.) RESOLUTION NO. R1996-048. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Cheek and carried unanimously 9 to 0. Councilmember Cheek inquired as to whether these improvements would go through the Parks and Recreation Advisory Commission and if the neighborhoods would have input. Mr. Smith responded that the Parks and Recreation Department is continually meeting with neighborhood associations to discuss the improvements they want. No specific projects have been developed because the concept was to set aside funds for improvements that both the schools and neighborhoods agree are needed. Councilmember Cheek stated the Council has stressed neighborhood participation and having the citizens' commissions involved in hands-on ways. She moved that both the Council and the Parks and Recreation Advisory Commission be involved in these meetings as well as being notified well in advance when they are held. She stated hopefully the people in the neighborhoods would be an additional resource in determining things they want done. Councilmember Dempster seconded the motion. City Manager John Smith inquired as to whether the Council wanted to be notified of any meetings between neighborhood associations and the parks and recreation staff. After a lengthy discussion the consensus was that the Council would like to be involved in joint meetings between the neighborhoods and the Parks and Recreation Advisory Commission. Councilmember Kendrick stated that he would like to see this policy applied not only to the newly annexed area but also to all areas in the City. Councilmember Cheek stated that she felt neighborhood meetings would get more citizens interested in serving on our commissions. Mayor Dawkins called for the vote. The motion carried unanimously 9 to 0. 6. Consideration of a bid award for the purchase of materials for the Ramsey Street 24" Water Main Extension to Griffin Pipe Products Company, (Lynchburg, VA), low bidder in the amount of $152,251.08. (PWC) Councilmember McBryde moved to award the contract, seconded by Councilmember Smith and carried unanimously 9 to 0. Bids received were as follows: Griffin Pipe (Lynchburg, VA) $152,251.08 U.S. Pipe (Charlotte, NC) $164,802.96 7. Consideration of a bid award for the purchase of one 230-to-66 kV Auto-Transformer to PWM Associates/North America, low evaluated bid in the amount of $1,043,365.00. (PWC) Councilmember Torrey moved to award the contract, seconded by Councilmember Smith and carried unanimously 9 to 0. Bids received were as follows: PWM Associates/North America $1,043,365.00 Power Supply $1,430,000.00 WESCO $1,073,252.00 Smit Transformer $1,112,540.00 Rigby Electric $1,415,500.00 Ferranti Packard (Did not meet specifications) $1,020,599.00 8. Consideration of adoption of preliminary Assessment Resolutions for the extension of Sanitary Sewer System in all or a portion of the following: (PWC) A. Montclair Subdivision Area RESOLUTION AND ORDER TO FILE AND PUBLISH A PRELIMINARY ASSESSMENT RESOLUTION FOR THE EXTENSION OF ITS SANITARY SEWER SYSTEM IN ALL OR A PORTION OF: FENMARK PLACE, CHESTERBROOK DRIVE, STONEYKIRK DRIVE, WILTSHIRE ROAD, MONTCLAIR ROAD, YORKSHIRE DRIVE, NEWPORT ROAD, WELLINGTON ROAD, MORISTON ROAD, BRIGHTON ROAD, BERWICK DRIVE, GLENSFORD DRIVE, ROCKSPRINGS ROAD, BURGOYNE DRIVE, HERMOSA COURT, AND BELFORD ROAD (MONTCLAIR SUBDIVISION AREA.) RESOLUTION NO. R1996-049. B. Loch Lommond Area RESOLUTION AND ORDER TO FILE AND PUBLISH A PRELIMINARY ASSESSMENT RESOLUTION FOR THE EXTENSION OF ITS SANITARY SEWER SYSTEM IN ALL OR A PORTION OF: KIMRIDGE DRIVE, RYAN STREET, SHERROD DRIVE, SHELBY COURT, BATHWELL DRIVE, BALDOON DRIVE, DESMOND DRIVE, PERTH STREET, AND MILBURN DRIVE (LOCH LOMMOND AREA.) RESOLUTION NO. R1996-050. C. Raeford Road Area between Montclair Road and west of Strickland Bridge Road. RESOLUTION AND ORDER TO FILE AND PUBLISH A PRELIMINARY ASSESSMENT RESOLUTION FOR THE EXTENSION OF ITS SANITARY SEWER SYSTEM IN ALL OR A PORTION OF: RAEFORD ROAD, LITTLE ROAD, AND POMPTON DRIVE (RAEFORD ROAD AREA BETWEEN MONTCLAIR ROAD AND WEST OF STRICKLAND BRIDGE ROAD.) RESOLUTION NO. R1996-051. D. Bunce Road area to include but not limited to Dunkirk Heights, Glenhaven, Marlboro, Glenbrook, Scotsdale and Cliffdale Road west of Bunce Road. RESOLUTION AND ORDER TO FILE AND PUBLISH A PRELIMINARY ASSESSMENT RESOLUTION FOR THE EXTENSION OF ITS SANITARY SEWER SYSTEM IN ALL OR A PORTION OF: BUNCE ROAD, WILSON AVENUE, GINGER CIRCLE, FREDERICK ROAD, LAGOON DRIVE, COMET CIRCLE, KIPP CIRCLE, JET CIRCLE, TAREYTON ROAD, VENTURE STREET, LARK DRIVE, LARK COURT, TARREYTOWN DRIVE, PORTSMOUTH DRIVE, ST LOUIS STREET, PLEASANT STREET, JAMAICA COURT, VERMONT STREET, DUBLIN COURT, SCHAFFER STREET, MERIDION STREET, DORCHESTER PLACE, LIBETH, CLIFFDALE ROAD, SCHOOL ROAD, WRIGHT AVENUE, RAVEN PLACE, AND CLIFFDALE COURT (BUNCE ROAD AREA TO INCLUDE BUT NOT LIMITED TO DUNKRIK HEIGHTS/GLENHAVEN/MARLBORO/GLENBROOK/ SCOTSDALE AND CLIFFDALE ROAD WEST OF BUNCE ROAD.) RESOLUTION NO. R1996-052. E. An area south of Raeford Road, north of Village Drive, east of Buckhead Creek and west of the existing corporate City boundary. RESOLUTION AND ORDER TO FILE AND PUBLISH A PRELIMINARY ASSESSMENT RESOLUTION FOR THE EXTENSION OF ITS SANITARY SEWER SYSTEM IN ALL OR A PORTION OF: SHEPARD STREET, DAVID STREET, JOEL STREET, HANNA STREET, ISHAM STREET, CAPE CENTER DRIVE, CRESTWOOD DRIVE, MARTIN COURT, ELIZABETH DRIVE, MELROSE ROAD, FURMAN DRIVE, THOMAS DRIVE, IRELAND DRIVE, MILLER AVENUE, HICKS AVENUE, FAISON AVENUE, RODIE AVENUE, ROXIE AVENUE, MARTINDALE DRIVE, WELLONS DRIVE, HARTWELL ROAD, BERGER DRIVE, WAYNE LANE, SANDRA DRIVE, GLENWICK DRIVE, WENDOVER DRIVE, COVENTRY ROAD, EDGEDALE DRIVE, STRATFORD ROAD, GATEWOOD DRIVE, ST PAUL AVENUE, JOHN MARSHALL ROAD, AND ST AGUSTINE DRIVE (AREA SOUTH OF RAEFORD ROAD, NORTH OF VILLAGE DRIVE, EAST OF BUCKHEAD CREEK, AND WEST OF THE EXISTING CORPORATE CITY BOUNDARY.) RESOLUTION NO. R1996-053. F. Hollywood Heights, Mayfair and Cloverleaf area. RESOLUTION AND ORDER TO FILE AND PUBLISH A PRELIMINARY ASSESSMENT RESOLUTION FOR THE EXTENSION OF ITS SANITARY SEWER SYSTEM IN ALL OR A PORTION OF: LOUISE STREET, DANDY ROAD, HOPKINS STREET, TIMBERLAND DRIVE, WAYSIDE ROAD, KIMBROOK DRIVE, CONAWAY DRIVE, HILCO DRIVE, MALVERN CIRCLE, REGIS COURT, WANDA CIRCLE, CRAYTON CIRCLE, KINGSLEY ROAD, PRITCHETT ROAD, WYNWOOD DRIVE, GLENLEA CIRCLE, FANNING CIRCLE, LYNETTE CIRCLE, BRISTOL DRIVE, PENFIELD DRIVE, PENFIELD PLACE, CLIFFORD AVENUE, LANSFORD DRIVE, NELSON AVENUE, LEONA AVENUE, AND MOUNT GILEAD DRIVE (HOLLYWOOD HEIGHTS/MAYFAIR/CLOVERLEAF AREA.) RESOLUTION NO. R1996-054. Councilmember McBryde moved to adopt all of the foregoing resolutions and to set the public hearing for November 4, 1996, seconded by Councilmember Dempster. A discussion ensued regarding the assessment procedure, the 10-year or 20-year payment option, and the interest rate to be applied to the final assessment. Mayor Pro Tem Blackwell requested that a cost comparison chart be prepared for Council to show the difference in the cost to the individual owners in 1995/1996. Councilmember Kendrick requested an impact statement on the 20-year financing plan versus the 10-year financing plan. Mr. Tom McNeill, PWC, stated there would be neighborhood meetings October 10, 1996, at Anne Chestnutt Middle School and on October 17, 1996, Douglas Byrd Middle School. Mayor Dawkins called for the vote on the motion. The resolutions were adopted by unanimous vote of 9 to 0. Copies of the foregoing resolutions are on file in the clerk's office in Resolution Book R1996. 9. Report from Policy Committee. A. Discussion of process for setting neighborhood-wide speed limits. (Council Policy #'s 160.3 and 160.4) Councilmember McBryde, Chairman of the Policy Committee, presented this item. A discussion was held. Mayor Pro Tem Blackwell expressed his opposition to the governmental imposition of speed limits on streets that do not want the change. Councilmember McBryde moved to adopt the revised City Council Policy #160.3, Request for Speed Limit Change, and to rescind Policy #160.4, Residential Speed Limit, seconded by Councilmember Smith and carried by a vote of 8 to 1 with Mayor Pro Tem Blackwell in opposition. B. Discussion of funding of outside agencies providing social services. Councilmember McBryde stated the Policy Committee made no recommendations to change this funding procedure. It was decided the recipients would be determined at budget time. C. Discussion of procedures for conducting public hearings (Council Policy #120.2). Councilmember McBryde presented this item. He recommended that (1) warning lights be installed to let public and non-public speakers know their time is running out and (2) the City Ordinance be amended to reflect a change in the number of speakers permitted to speak at a non-public hearing from three to two speakers, and the length of time for each speaker would be increased from three to five minutes. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 2-3, ORDER OF BUSINESS; AGENDA, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1996-018. Councilmember McBryde moved to adopt the ordinance, seconded by Councilmember Torrey and carried unanimously 9 to 0. D. Discussion of boards and commissions. (Council Policy #'s 110.1 and 110.2) Councilmember McBryde stated the Committee felt the Boards and Commission Members should vote on an item unless there was a financial reason not to vote and he recommended the adoption of the ordinance amending the City Code. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 2-53, CONFLICT OF INTEREXT, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1996-019. Councilmember McBryde moved to adopt the ordinance, seconded by Councilmember Kendrick and carried unanimously 9 to 0. 10. Consideration of procedure for communications between City Administrators and Council during emergency and disaster situations. (Requested by Councilmember Kendrick) Councilmember Kendrick expressed his dissatisfaction with the way communication was handled during the hurricane crisis. He moved to refer to the Policy Committee for discussion and recommendation the procedures to be used for communication between the City Administration and the City Council during emergency and disaster situations, seconded by Councilmember Dempster. Councilmember McBryde requested to amend the motion to include emergency communication situations during normal weekends. Councilmember Kendrick and Councilmember Dempster accepted the addition. A lengthy discussion ensued regarding possible solutions to the communication problems. Mayor Pro Tem Blackwell stated he was satisfied with his accommodations and did not want any changes in his setup. Mayor Dawkins called for the vote and the motion carried unanimously by a vote of 9 to 0. Councilmember Cheek requested that the Boards and Commission's terms be referred to the Policy Committee for consideration at their next meeting. 11. APPOINTMENTS: A. Election of nominees to fill three vacancies on Joint Senior Citizen Advisory Board. The following appointments were made to the Joint Senior Citizen Advisory Commission. 1. Jerome T. Scott - First two-year term 2. Susan B. Reid -First two-year term 3. Bernice Oxendine -First two-year term Mayor Pro Tem Blackwell requested to be excused from the joint meeting with the Planning and Zoning Commissions on September 17, 1996. Councilmember Smith moved to excuse Mayor Pro Tem Blackwell, seconded by Councilmember Kendrick and carried by a vote of 8 to 0. Councilmember Massey requested to be excused from the same meeting. Councilmember Dempster moved to excuse Councilmember Massey, seconded by Councilmember Smith and carried by a vote of 8 to 0. Councilmember Kendrick requested to be excused from the meeting, also. Councilmember Smith moved to excuse Councilmember Kendrick, seconded by Councilmember Massey and carried by a vote of 5 to 3. 12. ADMINISTRATIVE REPORTS: A. Update on Orange Street response. Councilmember Smith thanked Mr. Cogswell for his response to his telephone calls regarding this matter. A discussion was held regarding the use of private homes for meetings. Mr. John Smith stated the zoning requirements allowed the use of residences for meetings. Councilmember Kendrick asked that the on-street parking be checked by the traffic services staff. B. Update on sewage release into Cape Fear River. Mr. Nick Noland reported the power was lost from between 10 and 11 p.m. until 5 a.m. and the length of the power outage necessitated the action taken. The damage was minimized as much as possible. C. Update on voice mail and pager system for Council. Councilmember Cheek moved to go ahead with the separate fax lines to the Councilmembers' homes and to set up the fax machines, seconded by Councilmember Massey. The motion carried by a vote of 8 to 1 with Mayor Pro Tem Blackwell voting in opposition to reflect he did not want the service at his home. Councilmember Cheek moved to refer the voice mail and pager issues to the Policy Committee, seconded by Councilmember Ross and carried unanimously 9 to 0. Councilmember Cheek requested that more information on alternative systems of communications be submitted for Council's consideration. INFORMATION ON PUBLIC HEARINGS SET: OCTOBER 7, 1996: A. Consideration of amendments to Chapter 27, Subdivision Ordinance of the City of Fayetteville Code of Ordinances, to incorporate sidewalk and open space requirements outlined in the 2010 Plan. INFORMATION ITEMS: 1. Agenda for Special Meeting with Zoning and Planning Commissions to be held on Tuesday, September 17, 1996 - inserted in packet. 2. Update on Morgan Lane. 3. Information requested on surplus weapons. 4. Copy of letter to Division of Highways regarding Council concerns with the proposed interchange at Cliffdale Road and the All American Freeway. 5. Invitation to the Cape Fear Career Fair, October 17, 1996, 9 a.m. - 5 p.m. (Co-sponsored by City of Fayetteville) 6. Statement of taxes collected for the month of August, 1996, from the Cumberland County Tax Collector. 7. Police Department - Professional Standards monthly report for the month of August, 1996. 8. PWC - minutes of August 28, 1996. 9. Redevelopment Commission - minutes of August 14, 1996. 10. FACVB - minutes of August 8, 1996. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Torrey and carried unanimously. The meeting was adjourned at 9:50 p.m. CITY COUNCIL AND ZONING COMMISSION SPECIAL MEETING AND PLANNING COMMISSION REGULAR MEETING SEPTEMBER 17, 1996 FAYETTEVILLE CITY COUNCIL AND FAYETTEVILLE ZONING COMMISSION SPECIAL MEETING FAYETTEVILLE PLANNING COMMISSION REGULAR MEETING SEPTEMBER 17, 1996 7:15 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Planning Board Members present: Marshall Faircloth, Chairman Planning Commission; Linda Allan, Vice-Chairman Planning Commission; Charles Astrike; Jeffrey Bullard; Frederick Best; William Highsmith; Peggy Vick Zoning Commission Members present: William Gothard, Chairman Zoning Commission; George Turner, Vice-Chairman Zoning Commission; David Lee Zuravel Others Present: John Smith, City Manager Bob Cogswell, City Attorney Jimmy Teal, Assistant City Manager Ben Brown, Assistant City Manager Frank Simpson, Inspections Director Kathy Baker, Planner I Marsha Bryant, Planning Technician Members of the Press Mayor Dawkins welcomed everyone and stated the purpose of the meeting is to discuss any concerns and/or questions the Commissions may have. Mayor Dawkins stated that Council took action on September 16, that there will be no abstaining from voting unless there is a conflict of financial interest of a member on any City board. Mayor Dawkins stated that Councilmembers Blackwell, Massey, and Kendrick have been excused from this meeting due to conflicting schedules. He asked for a vote to excuse Councilmember Ross who is absent due to illness. A motion was made by Councilmember McBryde and seconded by Councilmember Cheek to excuse Mrs. Ross. The motion passed unanimously. Chairman Faircloth called the Planning Commission Regular Meeting to order at 7:20 p.m. Chairman Faircloth stated that the Planning Commission's duties are to do planning for the City and that the separation from the Zoning Commission will allow them more time to consider planning issues. He said that thus far they have been taking care of unfinished business left over from the Joint Planning Board and that the Planning Commission is looking forward to working on new planning projects. Chairman Gothard stated that Mr. Calhoun was excused from this meeting due to military duty. He stated that the separation of planning and zoning will allow for more concentration on the issues that are brought before the Commissions. Chairman Gothard said that the Zoning Commission is considering their by-laws. He ask the Council to consider adding two more members to the Zoning Commission. He said that the Commission can operate as is, however he believes that more members would provide additional discussion on issues before them. Discussion followed regarding appointing additional members to the Zoning Commission. Mayor Dawkins said that the issue would be considered at the next regular City Council meeting. Mayor Dawkins stated that both Commissions are doing well and that he is pleased with the appointments City Council has made. Councilmember Cheek stated that it is very important for the three bodies to communicate and know what the vision for the future of the city is to ensure that all bodies work toward that same direction. She asked if the City Council's goals had been provided to the Commissions. She said that one of their main goals is to protect residential neighborhoods and that all bodies should work to accomplish this goal. Another concern is the lack of detail for the 2010 Land Use Plan. She said that the Plan should be kept up-to-date. She further stated that the City needs neighborhood studies and plans, and that providing city facilities, such as parks, should be considered. Mrs. Vick stated that she would like the Planning Commission to meet to discuss their goals prior to the City Council's Goal Setting meeting in November. This would allow them to have their ideas ready to present to City Council for feedback. Mr. John Smith stated that he would provide both Commissions with the City Council's goals. He said that he felt the decision to separate the boards was a good one and that it allows for more comprehensive planning. He said that he is trying to coordinate a retreat with the Institute of Government for the Planning Commission. Councilmember Smith stated that when zoning cases come before the Commission and City Council, it's good to have studies of different factors that will be affected by rezoning. This information should be considered and will assist in making decisions. Councilmember Cheek stated that the Commissions should receive copies of the City Council's minutes to review. Councilmember Dempster stated that this would allow the Commissions to see what the final outcome of issues are and what Council based their decisions on. Mrs. Vick asked what is the procedure for establishing neighborhood parks. Mayor Dawkins stated that the Parks and Recreation Division is looking at areas now. He said that public and private partnerships are needed. Mr. Highsmith stated that he felt good maintenance of neighborhood parks involves the area residents. He said that the neighborhood has to want a park and the park should meet their needs. Councilmember Dempster stated that parks bring the community together. Mrs. Allan ask who owns neighborhood parks. Mr. Cogswell stated that the City owns the land, however in some subdivisions a homeowners associations is formed and they own and maintain their own. Mrs. Allan stated that studies have to be done to determine the overall cost of maintaining parks. Councilmember Smith stated that larger parks would have to consider demographics more so than small neighborhood parks because these normally consist of open space areas with few, if any, amenities. Mrs. Allan stated that she wants to hear what the City Council's vision for the city's future is. She said she feels that the Council should set the goals and that the Commissions should develop steps to achieve these goals. Chairman Faircloth stated that he is glad there is a wide variety of ideas on what the Commission's mission is and that this allows for more ideas and creative thinking. Councilmember Smith stated that he would like to meet with the Commissions at least twice a year. Mr. Best stated that this is stated in the Planning Commission's by-laws. Everyone present agreed that this was a good idea. Chairman Faircloth stated that on October 1 there will be a public hearing in City Council Chambers on the sign and landscape ordinances. There was some discussion on televising this meeting. Chairman Faircloth asked for a motion to approve the minutes of the September 4, 1996 meeting. A motion was made by Mr. Highsmith and seconded by Mr. Astrike. The motion passed unanimously. The meeting adjourned at 8:30 p.m. REGULAR MEETING SEPTEMBER 23, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER SEPTEMBER 23, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Brad Whited, Airport Director Steve Blanchard, PWC Manager Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Mayor Dawkins announced that the Council would move their meeting from the Council Chamber to the Lafayette room for the joint meeting with the PWC Board. He invited everyone to attend. The Invocation was offered by Councilmember Massey, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. 1. APPROVAL OF AGENDA City Manager John Smith requested to add Item 7., Selection of the authorized voting delegate and the alternate delegate for the North Carolina League of Municipalities' Business Meeting. Councilmember Massey moved to add the item to the agenda, seconded by Councilmember Smith and carried unanimously 9 to 0. City Manager John Smith requested that the PWC item be changed to the last item on the agenda. Councilmember McBryde moved to approve the agenda with the changes, seconded by Councilmember Kendrick and carried unanimously 9 to 0. 2. Consideration of authorization of funding for schematic drawings for Phase I of "A Complete Fayetteville Once and For All" Plan. City Manager John Smith presented this item and requested that City Council approve the negotiation of the contract. Councilmember Kendrick stated that 22 years ago the downtown began to disappear and now that there was a vision for the future of the downtown, and after assurances from the private sector of their planned participation in the project, it was with pride he moved to put out the contract negotiation for the $150,000 out of the City of Fayetteville's general fund, the $263,000 out of the PWC's funds, and the $50,000 from the County of Cumberland. Councilmember Cheek seconded the motion. All Councilmembers verbally expressed their support for the downtown project except Councilmember Ross who stated she felt she must follow the concerns of her constituency who opposed funds being spent on this project. Mayor Dawkins called for the vote and the motion carried 8 to 1 with Councilmember Ross in opposition. 3. Consideration of the following Airport matters: City Manager John Smith presented this item. He recommended the approval of Items A., B., and C. with Items B. and C. to be subject to the grant award. A. Consideration of acceptance of a pending grant offer from the Federal Aviation Administration and authorizing the Mayor to execute the Grant Agreement. B. Consideration of award of contract for purchase of one each P-101 Titan 4x4 Aircraft Fire Fighting Vehicle to Emergency One, Inc., (Ocala, FL), low bidder in the amount of $321,803.38 to include the performance bond. Bids were received as follows: Emergency One, Inc. (Ocala, FL) $321,803.38 Oshkosh Corp. (Oshkosh, WI) $340,808.01 C. Consideration of award of change order to Barnhill Contracting Company for Airport General Aviation Area Construction in the amount of $212,172.00. Councilmember McBryde moved to approve Items A.,B., and C. subject to the grant award, seconded by Councilmember Smith. Councilmember Cheek inquired about the taxiway project. Mr. Brad Whited answered her questions. Mayor Dawkins called for the vote on the motion. The motion carried unanimously 9 to 0. 4. Consideration of matters to be referred to the City County Liaison Committee. (Requested by Councilmember Suzan Cheek) City Manager John Smith presented this item. Mr. Smith informed Council that the City County Liaison meeting for September had been canceled and had not been rescheduled. Councilmember Cheek stated that since we had officially launched into our next phase of downtown planning with our partners, the County and the private sector, she moved that the County and City Liaison Committee discuss the sites of major public facilities that are being built and how they relate to the downtown plan and what process we are to go through to make sure we touch base with our planner. Councilmember Massey seconded the motion and the motion carried by a vote of 9 to 0. 5. Joint Meeting with Public Works Commission Board. (This item was moved to be the last Item to be heard) 6. Consideration of approval of Municipal Agreement between the City of Fayetteville and N.C. Department of Transportation for the following projects: City Manager John Smith stated these were the standard utility relocation agreements. A. Improvements on Glensford Drive Extension from SR 1400 (Cliffdale Road) to SR 1404 (Morganton Road). COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1996-055. B. Improvements to US 401 Bypass from US 401 Business (Raeford Road) to NC 24 (Bragg Boulevard). COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1996-056. C. Improvements on SR 1141 (Cumberland Road) from east of SR 1344 (Natal Avenue) to SR 1007 (Owen Drive). COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. RESOLUTION NO. R1996-057. Councilmember Kendrick moved to approve all of the above agreements, seconded by Councilmember Dempster. Mayor Pro Tem Blackwell inquired as to the effect of a no-vote to the Glensford Drive project (Item 6.A.). Mr. Jimmy Teal and Mr. John Smith both stated it could cause a delay but the project would eventually be done. Mr. Blackwell expressed his opposition to the thoroughfare/interchange plan for the Cliffdale Road area and also expressed his concerns about the effect these changes will have on the Montclair Subdivision. Councilmember Cheek inquired as to the status of the sidewalks in these areas. Mr. Jimmy Teal stated Glensford Drive would have both sidewalks and a bike path, the Raeford Road area would have a sidewalk rather than a bike path, but he was unsure as to the status of the Cumberland Road project. City Manager John Smith clarified that the Glensford Drive extension was on the Thoroughfare Plan but was not yet on the Transportation Improvement Plan (TIP). Councilmember Cheek asked that an update be given on the type of road classification Glensford Drive had on the Thoroughfare Plan. She also stated the Council would like to have input before the TIP Committee voted on their street plans. Mr. Jimmy Teal reminded Council Glensford Drive was a City maintained street as of June 30, 1996. Mayor Dawkins called for the vote on the motion and it carried unanimously 9 to 0. Copies of the foregoing resolutions are on file in the clerk's office in Resolution Book R1996. 7. Appointment of delegate voter and alternate voter to represent the City of Fayetteville at the North Carolina League of Municipalities Business meeting on October 14, 1996, at 2:00 p.m. Councilmember Kendrick nominated Mayor Dawkins as the delegate voter and Councilmember Torrey as the alternate voter, seconded by Councilmember Massey and carried unanimously 9 to 0. 5. Joint Meeting with Public Works Commission Board. Councilmember Kendrick moved to recess the meeting to be reconvened in the Lafayette Room, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. City Council reconvened in the Lafayette Room at 7:50 p.m. PWC Chair Bob Williams called the special meeting of the PWC to order. All Commission members were present. Mr. Williams recognized General Manager Steve Blanchard who recognized Alice Garland of Electricities who discussed the restructuring issues facing the electric industry. Mick Noland, Water Resources manager, then reviewed the interbasin transfer issue concerning Lake Jordan, the City of Cary and the City of Fayetteville. Sam Stryker of PWC reviewed progress on lighting the City in relation to the priority list submitted to PWC. PWC budgets $100,000 per year for improvements of which $50,000 goes toward the City priorities. Jim Martin of PWC estimated it would cost $1,000,000 to implement all the improvements on the 1994 City priority list. Council asked the Commission to consider increased funding for street light improvements. James Rose, Chief Administrative Officer for PWC, reviewed their activities as it relates to the area of telecommunication. Steve Blanchard reviewed the ongoing and proposed building construction projects, including the operations center, the administrative offices and the joint utilities center. INFORMATION ITEMS: 1. Memo regarding the closing of Pittman Street. Upon motion by Councilmember McBryde, seconded by Councilmember Smith the Council voted unanimously to adjourn at 9:45 p.m. REGULAR MEETING OCTOBER 7, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER OCTOBER 7, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Jimmy Teal, Assistant City Manager Karen Musgrave, Assistant City Attorney Janet Jones, City Clerk Frank Simpson, Inspections Director Kai Nelson, Finance Director Robert Barefoot, Recreation/Community Facilities Director Pete Piner, Fire Chief Kathy Baker, Planning Staff Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend E. B. Herman, Pastor of Cumberland Christian Center, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins presented a proclamation to Alan Nobles, Assistant Chief of Administration, designating October 6 through 12, 1996, as Fire Prevention Week and called upon the citizens of Fayetteville to participate in fire prevention action at home, work, and school. Mayor Dawkins introduced Kevin Sleem, of Boy Scout Troop 747. 1. APPROVAL OF AGENDA City Manager John Smith requested to add Item 28., Resolution Designating Applicant's Agent, to the agenda. Councilmember Cheek moved to approve the agenda with the addition of Item 28., seconded by Councilmember Smith and carried unanimously 9 to 0. 2. CONSENT: Councilmember McBryde moved to approve the consent agenda, seconded by Councilmember Dempster and carried unanimously 9 to 0. The following Items were approved: A. Approve minutes of regular information meeting of August 26, 1996. B. Approve minutes of special joint meeting with Cumberland County Commissioners of September 9, 1996. C. Approve minutes of regular meeting of September 16, 1996. D. Approve minutes of special joint meeting with Planning Commission of September 17, 1996. E. Approve minutes of information meeting of September 23, 1996. F. Approve tax refunds over $100. Taxpayer's Name Nature of Clerical Error Amount Quick Stop Food Mart Inc. Adjust value as personal property $1,536.60 was listed as real property and personal for paving and concrete only Novello, Christopher Albert Illegal Tax: Military Non-Resident $152.40 LES on file. FL-6/7/96 Blue Cross & Blue Shield Billed in wrong tax district moved $147.43 of NC from Union St. to Raeford Rd. in March 1991, per Ann Davis at Blue Cross Brooks, Scott David Illegal Tax: Military Non-Resident $118.95 LES on file. NY-6/12/96 G. Approve request from Cumberland County for additional leased space adjacent to Animal Shelter currently being leased by Cumberland County. H. Authorize City Manager to execute short-term Lease Agreement with Cumberland County for space in Old City Hall Building (116 Green Street). I. Approve the initial zoning to C3 Heavy Commercial District or to a more restrictive zoning classification for an area located north of the intersection of Cedar Creek Road and SR 2007 and West of the I-95 southbound ramp. Containing 3.21 acres more ore less and being the property of Cracker Barrel Old Country Store, Inc., as evidenced by a map and legal description furnished by the City of Fayetteville, being all of Annexation Ordinance Number 96-08-414 and being annexed by the City of Fayetteville effective August 31, 1996. (P96-109F) J. Approve extension of Interlocal Agreement between the City of Fayetteville and the Cumberland County Board of Education for community recreation. K. Adopt Capital Project Ordinance Amendment 97-2 (MDTs). At their July 15, 1996, meeting City Council awarded the purchase of MDT's in the amount of $631,000. The project ordinance contains $500,000 for this purchase. Additional resources to fund the purchase are available in the General Fund Police department budget. This ordinance appropriates additional funds in the amount of $135,000 to the capital project to fund the purchase previously authorized by City Council. L. Adopt Special Revenue Fund Project Ordinance Amendment Change 97-1 (Gang Grant). At their July 25, 1995, meeting City Council accepted a two-year Governor's Crime Commission grant for the gang intervention program. These funds are being used to fund two investigators, one administrative clerk, operating expenditures, and equipment for the program. The purpose of this unit is to identify, collect, analyze, and disseminate intelligence on local gang activity to local, state, and federal law enforcement agencies. This is being accomplished through coordinated investigations, interviews with informants, victims and suspected gang members, as well as other law enforcement agencies. This ordinance amendment reflects the second year of the program estimated at $97,677. The local match is available in the General Fund budget. 3. PUBLIC HEARINGS: A. Consideration of the rezoning from R15 Residential District to R6 Residential District or to a more restrictive zoning classification for an area located at 2309 Morganton Road. Containing 1.08 acres more or less and being the property of Elizabeth F. Mathieu as evidenced by deed recorded in Deed Book 4277, Page 278, Cumberland County Registry. (P96-104F) Kathy Baker of the planning staff presented this item. She stated the Planning Commission recommended denial of the R6 and approval of R10. This is the advertised public hearing set for this day and time. The public hearing opened at 7:14 p.m. Mr. Herb Thorp, Attorney for the petitioners, 1014 Hay Street, appeared in favor of the rezoning. Mr. Thorp told the Council a proposal would be forthcoming, and he assured the Council there would not be apartments in this area. There was no one present to speak in opposition. The public hearing closed at 7:16 p.m. Councilmember McBryde moved to rezone the property to R10, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. B. Consideration of the rezoning from R10 Residential District to P2 Professional District for an area located at 1424 and 1341 Pamalee Drive. Containing .97 acres more or less and being the property of Thelma H. Roberts and Oscar Huggins respectively, as evidenced by deed recorded in Deed Books 2596 Page 884 and 448, Page 517 respectively. (P96-110F) Assistant City Manager Jimmy Teal presented this item. Mr. Teal recommended following the Zoning Commission's recommendation to deny. This is the advertised public hearing set for this date and time. The public hearing opened at 7:19 p.m. Appearing in favor of the rezoning was Vicki Castro, 5953 Deerfoot Drive, Linden, North Carolina; Mr. Oscar Huggins, 3006 Hermitage Avenue, Fayetteville, North Carolina; and Ms. Myra Robert, 1726 Joncee Drive, Fayetteville, North Carolina. There was no one present to speak in opposition. The public hearing closed at 7:26 p.m. Mayor Dawkins announced that a petition with sixty-seven signatures has been received in opposition to the rezoning. In response to Council's inquiry, Karen Musgrave, Assistant City Attorney, stated it was her opinion this would be illegal spot zoning. Councilmember Dempster moved to deny the request to rezone from R10 to P2, seconded by Councilmember Massey and carried unanimously by a vote of 9 to 0. C. Consideration of amendments to Chapter 27, Subdivision Ordinance of the City of Fayetteville Code of Ordinances, to incorporate sidewalk and open space requirements outlined in the 2010 Plan. Assistant City Manager Jimmy Teal presented this item. He stated that both the Cumberland County and the City Planning Commission had approved the revised ordinance. Mayor Pro Tem Blackwell inquired as to why Mr. Astrike of the City Planning Commission voted against the ordinance. Mr. Teal responded that Mr. Astrike did not feel it was restrictive enough. This is the advertised public hearing set for this date and time. The public hearing opened at 7:35 p.m. Appearing in favor of the revision was Mr. Ben Watson, 1916 Swann Street, Fayetteville, North Carolina; and Mrs. Teresa Ciscak, 2604 North Edgewater Drive, Fayetteville, North Carolina. Both speakers expressed their support for neighborhood parks throughout the City, a good quality of life for Fayetteville, and safety throughout the City. Appearing in opposition was Mr. Don Broadwell. Mr. Broadwell stated he was not opposed to the ordinance or the 2010 Plan and had in fact worked hard to help create both of them. However, he felt there was a need to discuss the financial impact the ordinance and the new PWC facility impact fees will have on the cost of a new home. Mr. Broadwell stated the PWC facility fee, the cost of curbs, the sidewalks, and the open space requirements could add as much as $4,430 to the cost of a lot. This increase would keep buyers from qualifying for a loan for a new home and the increase would make modular homes became more popular in the areas surrounding the City. He requested a study be done of the five acre requirement for a park because this would not allow the neighborhood to have toddler parks. He also asked that consideration be given to the installation of sidewalks on one side of the street rather than on both sides in a residential community. There was no one further to speak in opposition. The public hearing closed at 7:55 p.m. Councilmember Cheek moved to adopt the amendment to Chapter 27 to incorporate sidewalk and open space requirements outlined in the 2010 Plan to be effective November 7, 1996, seconded by Councilmember Kendrick. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-020. Councilmember Cheek said it has been a long struggle to catch up on substandard development and there had been a major step forward when the county adopted the 2010 Land Use Plan and agreed to enforce it in the unincorporated areas in Cumberland County. She said now it is up to the City to add their support. Councilmember Cheek stated the cost is definitely a concern for everyone but someone does have to pay and if the new homeowners do not pay then the existing taxpayers will have to. She stated she did not think it would be fair to ask existing taxpayers to pay for services primarily used by new residents. If the new residents pay for the developments associated with their own houses then when it's time for a bond issue, the issue would be smaller and for facilities that everyone in the City could use. Councilmember Kendrick stated that if we want a strong Fayetteville we must do this now. Councilmember McBryde requested the staff to address the issue of small parks. Mr. Robert Barefoot, Director of Recreation/Community Facilities, stated the ordinance gives the City the discretion to accept less than five acres and the intent was that the dedications be used to develop small neighborhood parks. A discussion ensued regarding the disclosure requirements on private streets to ensure public awareness of who would have to pay the cost of maintenance. Councilmember Kendrick requested that further explanation be given to the Council. Councilmember Cheek rebutted Mr. Broadwell's statement about the increase of modular/mobile homes by stating the county had adopted a plan which dealt with density requirements and it would prevent this from happening. Mayor Dawkins called for the vote and it carried unanimously 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1996. 4. Consideration of request to address City Council from Carl Lennon, 865 Orange Street. Mr. Carl Lennon, 865 Orange Street, Fayetteville, North Carolina, addressed the Council and requested assistance from the City in eliminating the blocking of traffic flow by trains on Moore, Chance, and Cumberland Streets. A discussion ensued regarding the situation. Councilmember Massey restated Mr. Lennon's inquiry into the relationship of downtown revitalization and its effect on certain communities and how the funds received, would be used to alleviate the problem in these communities. Mayor Dawkins assured everyone that this would be taken into consideration when discussing the downtown area. 5. Consideration of request to address City Council from Roy Arrington, Sheltered Workshop. Mr. Roy Arrington, Poplar Drive, and the father of a daughter who is employed at the Cumberland Sheltered Workshop, addressed the Council. He asked the support of City Council in helping to get the Workshop operational and accredited. Councilmember Dempster stated, "We have an opportunity to support a program that generates little or no glamour, but provides an invaluable service to our special population as well as family members in our City. There may be questions about the fiscal management and accountability but there is absolutely no question of the benefits provided for by this program. I realized this morning the County Commissioner's allocated $200,000 to fund the Workshop until January. We share a common goal to keep this Workshop operating. I, therefore, would like to express a willingness to assist our commissioners and our citizens in their endeavor and instruct our manager and staff to work with the County Manager, Commissioners, and all other interested parties to come back to us with recommendations as soon as possible. I would like to make a motion if in order, Mr. Mayor." Councilmember Smith seconded the motion. Mayor Dawkins reminded everyone that the City contributes 45% of the County's budget. A discussion ensued regarding accreditation and possible funding, the fiscal management problems, and using taxpayers' monies for social service functions. Councilmember Torrey stated this was a good example that in the future the only government is going to be local government and funding will come from the municipalities. Mayor Dawkins called for the vote and the motion carried by a unanimous vote of 9 to 0. City Manager John Smith stated he would try to get a report back to the Council at the next meeting if the information were available to him. 6. Consideration of request to address City Council from Rev. Sheridan Knight, Pastor, and Roy Parker, Trustee, of St. Luke A.M.E. Church. Mr. John Smith stated this was being worked out administratively and he would come back with a report. 7. Consideration of the purchase of the following properties for Hollywood Heights Proposed Park: Lots 11,12, and 13, Block B, Hollywood Heights, Section II, Plat Book 22, Page 28, Cumberland County Registry. Councilmember McBryde moved to approve the purchase of the property, seconded by Councilmember Dempster. Councilmember Massey thanked Mr. Landon Hadley, Chairman of the Parks and Recreation Advisory Commission, for his four years of service to the City. Councilmember Smith stated he understood the intent of the motion, but as a district representative he could not support the motion because his people in the Country Club North/Hillendale area were concerned that their area does not have the same amenities and they have been in the City for a longer number of years. Mr. Smith stated it was his understanding the allocated funds of $250,000 were to be used for large parks acquisition only. Mayor Pro Tem Blackwell stated he did not understand the issue because the north side of town had both a recreation center and a park. Councilmember Smith stated the small neighborhood parks were his constituents' concern. Councilmember McBryde expressed his concern and distress about voting by district. Councilmember Cheek explained the development of this park would come out of the annexation funds and only the $18,000 purchase price would come out of the fund set aside for acquisition of park land. She asked the Parks and Recreation Department to develop a policy of land acquisition for parks with a percentage limit being set for small neighborhood parks. Mayor Pro Tem Blackwell expressed his support for what is in the best interest of the whole City. He stated his concerns regarding a district vote concept. Mr. Jim Smith explained that he was not asking for votes against the issue, but was letting his position be known and he felt the citizens in his area wanted more guidelines for future parks. Councilmembers Massey and Ross expressed their support for the motion. Mayor Dawkins called for the vote which carried by a margin of 8 to 1 with Councilmember Smith in opposition. 8. 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 300 Roxie Avenue. Containing .24 acres more or less and being the property Jasper Vernon Culbreth, Sr., and Leola Bunch Culbreth as evidenced by deed recorded in Deed Book 2428, Page 693, Cumberland County Registry. (P96-102F) Kathy Baker, planning department staff, presented this item. Mr. Frank Simpson addressed the Council regarding his findings when he personally visited the property. Mr. Simpson stated at this time the location is classified as a legally existing non-conforming use just as it has been since the initial zoning by the County. This would not allow any extensions or improvements to the building except strengthening or restoration to a safe or lawful condition of any part of any building or structure declared unsafe or unlawful. It was his opinion, this would allow the addition of the toilet that Mr. Culbreth wanted to add in the panty hose outlet. Mr. Simpson pointed out the building setbacks of this property are another violation of the zoning ordinance. These setbacks would make this a non-conforming building as well as a non-conforming use. If the property is rezoned to C-1 as requested, it would remove the non-conformance as far as use, but the setbacks would still make this a non-conforming building. According to County tax records, the replacement cost is listed as $101,062. Should the property be rezoned, improvements up to 1/3 of this amount could be done as long as it does not increase the nonconformity of the building. In either case the building could not be replaced should the damage exceed 50%. An in depth question and answer period ensued with the consensus being that only the bathroom could be built and the repairs made to the rotting wood. Councilmember Torrey expressed his wish and moved to accommodate the owner. Assistant City Attorney Karen Musgrave stated this would be a clear case of illegal spot zoning and the only action that Council could take is to deny the zoning or send it back to the Planning Commission to study the area. Mayor Dawkins did not accept Council Torrey's motion. Councilmember Smith moved to deny the rezoning with the understanding that Mr. Culbreth could install a new bathroom and replace the rotting wood, seconded by Councilmember Torrey and carried unanimously 9 to 0. 9. Consideration of the rezoning from M1 Industrial District to R6 Residential District or to a more restrictive zoning classification for an area located at 1333, 1334 and 1335 Waterless Street. Containing .98 acres more or less and being the property of Christeen M. & James A. Moore Bullard Trustees, James H. McRae, and Paul McLaurin, respectively, as evidenced by deed recorded in Deed Books 3042, Page 221, 977 Page 659, and 2405 Page 809 respectively, Cumberland County Registry. (P96-105F) Kathy Baker, planning department staff, presented this item. She stated part of the property had withdraw from the request for rezoning. Mayor Pro Tem Blackwell moved to approve the rezoning with the exception of the area requesting to be withdrawn, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. 10. Consideration of the rezoning from C1P Shopping Center District to M2 Industrial District or to a more restrictive zoning classification for an area located on the south side of Raeford Road at the intersection of Skibo Road. Containing 7.65 acres more or less and being the property of American Flag-Raeford Road, L.L.C., as evidenced by deed recorded in Deed Book 4448, Page 342, Cumberland County Registry. (P96-106F) Assistant City Manager Jimmy Teal presented this item. He stated the Zoning Commission recommended denial of M2 and approval of C3 Heavy Commercial District. Mr. Teal stated the Council could either concur with the zoning or set a public hearing. Councilmember Kendrick stated he had a problem with allowing speakers to address the Council in a rezoning case and moved to set a public hearing for October 21, 1996, and to send the rezoning policy in general to the Policy Committee for review, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 11. Consideration of the rezoning from R5 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 2911 Breezewood Avenue. Containing .63 acres more or less and being the property of Claude L. Darling and wife, May K. Darling, as evidenced by deed recorded in Deed Book 705, Page 235, Cumberland County Registry. (P96-107F) Councilmember Kendrick moved to approve, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 12. Consideration of award of contract for construction of the Eastern Boulevard Water Storage Tank to Brown Steel Contractors, Inc., (Newnan,GA), low bidder in the amount of $1,238,500.00. Councilmember McBryde moved to award the contract, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. Bid received were as follows: Brown Steel Contractors, Inc. (Newnan, GA) $1,238,500 Pitt-Des Moines, Inc. (Atlanta, GA) $1,271,000 Caldwell Tanks, Inc. (Louisville, KY) $1,310,000 13. Consideration of award of contract for relocation of electric lines along Glensford Drive, from Cliffdale Road to Morganton Road to C.W. Wright Construction Company, sole bidder in the amount of $223,543.80. Mayor Pro Tem Blackwell moved to award the contract, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. Councilmember Kendrick inquired as to whether this would be an above or below ground project. Mr. Kenny Horne of PWC stated it would be an above ground project and this was a North Carolina Department of Transportation project. Councilmember Cheek inquired about the street lights in the area. Mr. Horne stated the lighting will be PWC's responsibility due to the high cost. 14. Consideration of adoption of a resolution supporting the passage of the State Highway and School Construction Bonds on the ballot on November 5, 1996. RESOLUTION. RESOLUTION NO. R1996-058. Mayor Pro Tem Blackwell moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously be a vote of 9 to 0. A copy of the foregoing resolution is on file in the clerk's office in Resolution Book R1996. 15. Consideration of adoption of ordinances amending Chapter 20, Motor Vehicles and Traffic, of the City of Fayetteville Code of Ordinances for the following: Assistant City Manager Jimmy Teal presented this item. A. Traffic Schedule Number 11: To prohibit parking on both sides of Executive Place from McGill Drive to Winding Creek Road. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-033. Councilmember Massey moved to adopt the ordinance, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. B. Traffic Schedule Number 11: To prohibit parking on both sides of West Orange Street and a portion of East Orange Street. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-034. Councilmember Cheek moved to adopt the ordinance, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. Copies of the foregoing ordinances are on file in the clerk's office in Ordinance Book NS1996. 16. Consideration of request from residents of Temple Avenue for additional access points. Councilmember Smith moved to refer this item to the Streets and Roads Committee, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. 17. Consideration of setting public hearing for November 18, 1996, to consider the paving without petition of the following: (Bond Projects) 1. Griffin St - from Troy Drive to Oxford St. 2. Oxford St - from Griffin Street to Little Ave. 3. Elba Street - from Rosebud St to Oxford St. 4. Rosebud Street - from Griffin St to Elba St. 5. Abraham Ave - from Deep Creek Rd to Jacob St (North). 6. Jacob St (North) - from Cade Hill Ave to Abraham Ave. 7. Jacob St (South) - from Cade Hill to Noah Ave. 8. Rhone St - from Deep Creek Rd to Dead End. 9. Haigh St - from Sapona Rd to Coburn St. 10. Coburn St - from Haigh St to Deep Creek Rd. 11. Haywood St - from Deep Creek Rd to Cedar Creek Road (Highway #53). 12. Morgan Lane - from Park St northwesterly to the northeast corner Lot 15, Plat Book 80, Page 31, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. PRELIMINARY RESOLUTION REQUIRING THE PAVING WITHOUT PETITION OF GRIFFIN ST - FROM TROY DRIVE TO OXFORD ST; OXFORD ST - FROM GRIFFIN STREET TO LITTLE AVE; ELBA STREET - FROM ROSEBUD ST TO OXFORD ST; ROSEBUD STREET - FROM GRIFFIN ST TO ELBA ST; ABRAHAM AVE - FROM DEEP CREEK RD TO JACOB ST (NORTH); JACOB ST (NORTH) - FROM CADE HILL AVE TO ABRAHAM AVE; JACOB ST (SOUTH) - FROM CADE HILL TO NOAH AVE; RHONE ST - FROM DEEP CREEK RD TO DEAD END; HAIGH ST - FROM SAPONA RD TO COBURN ST; COBURN ST - FROM HAIGH ST TO DEEP CREEK RD; HAYWOOD ST - FROM DEEP CREEK RD TO CEDAR CREEK ROAD (HIGHWAY #53); MORGAN LANE - FROM PARK ST NORTHWESTERLY TO THE NORTHEAST CORNER LOT 15, PLAT BOOK 80, PAGE 31, CUMBERLAND COUNTY REGISTRY. RESOLUTION NO. R1996-059. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. Councilmember McBryde inquired as to whether Summit Avenue had been notified. Mr. Teal stated he would have signs put up in the neighborhood. 18. Consideration of the policy regarding assessments. Councilmember Kendrick moved to refer the assessment policy to the Policy Committee to consider extending repayment from 10 to 20 years, seconded by Councilmember Torrey and carried unanimously by a vote of 9 to 0. Councilmember McBryde asked to have a Policy Committee meeting set up as soon as possible. 19. Consideration of award of purchase contract for various traffic signs to Vulcan Signs, (Foley, AL), lowest responsible bidder in the amount of $39,600.65. This item was presented by the City Manager John Smith. Mr. Smith pointed out that the apparent low bidder's package was incomplete and therefore the contract was awarded to the lowest responsible bidder. Mayor Pro Tem Blackwell moved to award the contract to the lowest responsible bidder, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. Bids received were as follows: 1 Stop Signs & Safety (Jackson, MS) $38,103.29* *Incomplete Bid Vulcan Sign (Foley, AL) $39,600.65 20. Consideration of the following contract changes for street paving projects: A. Approve change order reducing contract with McDiarmid Paving, Inc. in the amount of $623,425 (1995 Resurfacing) B. Approve change order increasing 1996 resurfacing contract with Barnhill Contractors, Inc., in the amount of $693,815 by adding the aforementioned work. City Manager John Smith stated the original contractor had been unable to complete the project and this was the best negotiated solution for the City. Councilmember Kendrick moved to approve both A. and B., seconded by Councilmember Torrey and carried unanimously by a vote 9 to 0. Councilmember Massey inquired as to the status of minority contractors involved in the City's contracting activities. City Manager John Smith stated it was his opinion the issue of minority contractors should be discussed at the next information meeting because of its complex nature. Council agreed to this suggestion. 21. Consideration of revision to contract with The Rose Group for the Cape Fear Medical Center Area/Evergreen Estates Drainage Project. This item was presented by Assistant City Manager Jimmy Teal. Councilmember Kendrick moved to approve, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. Councilmember Kendrick inquired as to the status of the requested storm drainage project on Roxie Avenue. Mr. Teal stated it would be completed in February 1997, or February 1998. Mr. Kendrick stated that 8 years ago a petition had been submitted for annexation into the City. The owner had been in the City for all these years and they still don't have their storm drain. He asked that the situation be taken care of immediately and that a trail be given as to what has taken place with this matter. 22. Consideration of request from Zoning Commission to increase the number of appointees to the Commission. Mayor Dawkins announced that a public hearing must be set to change the ordinance. Councilmember Cheek moved to set a public hearing on October 21, 1996, to consider adding two full time members by deleting the alternate member and changing his position to a regular member and adding another member, seconded by Councilmember Dempster and carried unanimously 9 to 0. Councilmember Cheek inquired as to when the Zoning and Planning Commission's training had been set with the Institute of Government. Mr. Smith replied the staff was working on a date. 23. Report from Streets and Roads Committee. A. Consideration of sidewalk reconstruction using bond funds. Councilmember Mark Kendrick, Chairman of the Streets, Roads and Signs Committee, recommended following the same management system for sidewalks as is currently being used for street maintenance. Sidewalks are rated from 0 percent to 100 percent with the highest percentage being the ones in the best condition. Councilmember Torrey moved to accept the list and start repairs with the lowest percentage and move up until the allocated funds have been spent, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. A copy of the foregoing list is on file in the City Engineering Department, 433 Hay Street, Fayetteville, North Carolina. B. Consideration of acceptance of Jennings Farm Road for City maintenance. Councilmember Kendrick stated that Jennings Farm Road had been built according to North Carolina Department of Transportation Standards, but had not been accepted for maintenance by the Department of Transportation because the road was not 80 percent built out. He recommended the City accept this street for maintenance. Councilmember Torrey moved to accept Jennings Farm Road for City maintenance, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. City Manager John Smith recommended that the Policy Committee might like to review the private street policy and differentiate this situation from a normal private street situation. Councilmember Smith moved to refer this item to the policy committee, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 24. Consideration of installation of traffic signal at intersection of Levy and Robeson Street.(Requested by Councilmember Kendrick) Councilmember Kendrick stated he had petitioned the North Carolina Department of Transportation for a stop light at the intersection of Levy and Robeson Streets. The Department of Transportation denied his petition. He moved to have Mr. Teal check with the Department of Transportation and look into the possibility of installing a stop light which would be operational only during peak hours of traffic flow, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 25. Consideration of reconsideration of the rezoning from R10 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located on the east side of Cain Road, south of Woodbine Avenue. Containing 4.29 acres more or less and being the property of Kenneth W. Hardin as evidenced by deeds recorded in Deed Books 3894, Page 158 and 4362, Page 267, Cumberland County Registry. (P96-71). (Requested by Councilmember Blackwell) City Manager John Smith presented this item. He stated Council's only action would be to refer this to the Zoning Commission as a case initiated by City Council. Mayor Pro Tem Blackwell moved to initiate the rezoning and send it to the Zoning Commission, seconded by Councilmember Smith. A discussion was held regarding Mr. Hardin's request for reconsideration of his zoning case. Councilmembers Cheek and Kendrick expressed their opposition to the motion. Both Councilmembers felt the public hearing had been held, it was against the City Council's policy of not re-addressing a rezoning issue for one year, and it was unfair to do it for this one person. Councilmember McBryde stated he agreed with Councilmembers Cheek and Kendrick but felt that Mr. Hardin had not understood the first time he came to Council. Councilmember Smith expressed his support for the motion and inquired about zoning classifications. Mayor Dawkins called for the vote and the motion carried by a vote of 7 to 2 with Councilmembers Cheek and Kendrick in opposition. 26. Consideration of items to be referred to the City County Liaison Committee. There was no referral made at this time. 27. APPOINTMENTS: A. Nominations to fill three vacancies on Historic Resources Commission. Councilmember McBryde moved to nominate Ms. Lucy Wofford. Mayor Pro Tem Blackwell nominated Mr. Dew and Mr. Hester for reappointment to a second term. Councilmember Torrey nominated Mr. Floyd Caldwell. B. Nominations to fill three vacancies on Parks and Recreation Advisory Commission. Councilmember Cheek nominated Mr. Karl Legatski. Mayor Pro Tem Blackwell nominated Mr. Bobby Davis and Mr. Darden Jenkins for reappointment to a second term. Councilmember Massey nominated Mr. Melvin R. Pierce. 28. Designating of Fire Chief as Authorized Agent for the Federal Emergency Management Agency Disaster Assistance Program. RESOLUTION DESIGNATING APPLICANT'S AGENT. RESOLUTION NO. R199-060. Councilmember Dempster moved to adopt the resolution, seconded by Councilmember Massey and carried unanimously by a vote of 9 to 0. INFORMATION ON PUBLIC HEARINGS SET: OCTOBER 21, 1996: A. Considerations of revisions to Landscape Ordinance. B. Consideration of adoption of Sign Ordinance. INFORMATION ITEMS: 1. Statement of taxes collected for the month of September 1996, from the Cumberland County Tax Collector. 1996 Taxes 2,391,425.08 1996 Vehicle Taxes 134,540.80 1996 REV 12,690.46 1996 Vehicle REV 40.70 1996 FVT 15,795.00 1996 Storm Water 151,920.17 1995 Taxes 37,921.31 1995 Vehicle Taxes 22,045.50 1995 REVIT 412.85 1995 Vehicle REVIT 0.00 1995 FVT 3,051.38 1995 Storm Water 3,752.30 1994 Taxes 3,034.69 1994 Vehicle Taxes 761.97 1994 REVIT 6.29 1994 Vehicle REVIT 0.00 1994 FVT 138.39 1993 Taxes 1,835.11 1993 Vehicle Taxes 225.48 1993 REVIT 57.61 1993 Vehicle REVIT 0.00 1993 FVT 35.00 1992 And prior Taxes 1,507.46 1992 And prior FVT 36.80 1992 And prior REVIT 2.98 Interest 6,069.98 Interest (REVIT) 28.36 Interest (Storm Water) 304.15 Fayetteville Discount (41,353.91) REVIT. Discount (158.44) Total Collections 2,746,127.47 2. Report on tax refunds less than $100. Taxpayer's Name Nature of Clerical Error Amount Woodster, Allan Jay Illegal Tax: Military Non-Resident. $58.82 LES on file. OH-9/14/97 Van Winkle, Anita Marie Illegal Tax: Military Non-Resident. $62.79 LES on file. MI-4/26/95 Sauer, Linda Patricia Illegal Tax: Military Non-Resident. $71.18 LES on file. IL Roberts, Craig Eric Illegal Tax: Military Non-Resident. $25.47 LES on file. FL-08/06/01 Miller, Marci Deanne Illegal Tax: Military Non-Resident. $85.15 LES on file. OK-10/4/98 Freiman, Flite Heinz Illegal Tax: Military Non-Resident. $21.72 LES on file. WY Parks Building Supply Co. Double listed to bill number 7801230 $58.14 under the name of Parks Building Supply Co. Jones, Harold W Per the audit overstated machinery and $7.82 T/A Harold's Electrical equipment figures Repair Davis, Herman Clerical error: billed for 1995 Txs on $38.52 LR#5534146-95-04 for vehicle. Apply refund to LR#9287214-96-04 for 1996 Txs 3. Report on Raeford Road/Roxie Avenue Traffic System issue. 4. Report on mailboxes on Owen Drive. 5. Report on Glensford Drive/TIP process. 6. Copy of N.C. DOT Traffic Noise Abatement Policy. Councilmember Cheek requested that the noise letter from the Department of Transportation be explained further at another meeting. 7. PWC - minutes of September 11, 1996. 8. Parks and Recreation Commission - minutes of August 26, 1996. 9. Airport Commission - minutes of August 27, 1996. 10. Human Relations Commission - agenda for meeting of October 10, 1996. 11. Proposed logo for the Transit Feeder System - inserted in packet. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Smith and the motion carried unanimously by a vote of 9 to 0. The meeting adjourned at 10:15 p.m. REGULAR MEETING OCTOBER 21, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER OCTOBER 21, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) (arrived at 7:20 p.m.) Absent: Ida Ross (District 2) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Frank Simpson, Inspections Director Jim Alexander, Inspections Kai Nelson, Finance Director Pete Piner, Fire Chief Tom McNeill, PWC Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Dallas R. Gurganus, Pastor of Lyon Memorial Pentecostal Holiness Church, 2023 Rogers Drive, Fayetteville, followed by Mitchell Truesdale, Boy Scout Troop 598 leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mayor Dawkins recognized Mr. David Jackson, Athletic Director, Recreation and Community Facilities for receiving the Outstanding New Professional Award at the Athletic Directors Conference for North Carolina Recreation and Parks Society in High Point on October 3, 1996. 1. APPROVAL OF AGENDA Councilmember McBryde moved to excuse Councilmembers Ross and Kendrick until they arrived to the meeting, seconded by Councilmember Smith and carried unanimously by a vote of 7 to 0. Councilmember Smith moved to approve the agenda, seconded by Councilmember Dempster and carried unanimously by a vote of 7 to 0 with Councilmembers Ross and Kendrick excused. 2. CONSENT: Councilmember McBryde moved to approve the consent agenda, seconded by Councilmember Dempster and carried unanimously 7 to 0 with Councilmembers Ross and Kendrick excused. A. Approve tax refunds over $100. Taxpayer's Name Nature of Clerical Error Amount Young, Fred Douglas & Illegal Tax: Military Non-Resident. $121.03 Cynthia LES on file for Fred. FL-indef. Belk Hensdale-Eutaw # 586 Adjust value leasehold improvements $868.59 picked up as personal property, however per the depreciation schedule should be real property. B. Approve the sale of one (1) taxicab franchise of Public Convenience and Necessity. C. Approve the following Finance matters: 1. Adopt Capital Project Ordinance 97-1(Transit Capital 90.0202). The Federal Transportation Administration has awarded the City $533,848 for the purchase of replacement buses (2), replacement vans (2), a maintenance truck and the installation of an AC/Heating system for the Transit maintenance shop. Total project expenditures are estimated at $645,251 with $533,848 being provided by FTA, $51,620 provided by NCDOT, and a City local match of $59,783. The local match is provided by FY1996 State Maintenance Assistance. 2. Adopt Special Revenue Fund Project Ordinance (Transit Planning 90.2202). The Federal Transportation Administration has awarded the City $63,600 for the annual transportation planning component. Total project expenditures are estimated at $79,500 with $63,600 being provided by FTA, $6,360 provided by NCDOT, and a City local match of $9,540. The local match is budgeted in the General Fund. 3. Adopt Capital Project Ordinance Amendment Change 97-3 (CPO 90-7 Transit 90.0097). The Federal Transportation Administration has approved the City's request to de-obligate $31,118 in operating funds from FY89-90 (Transit 90.4097) and has made these funds available for rehabilitation of the Transit administrative and maintenance facilities in Transit Capital 90.0097. Total expenditures are estimated at $38,898 with $31,118 being provided by FTA, $3,890 provided by NCDOT, and a City local match of $3,890. The local match is provided by FY1996 State Maintenance Assistance. 4. Adopt Capital Project Ordinance Amendment Change 97-4 (CPO 94-3 Transit 90.0142). The Federal Transportation Administration has approved the City's request to de-obligate $20,000 in operating funds from FY92-93 (Transit 90.4142) and has made these funds available to purchase additional shop equipment in Transit Capital 90.0142. Total expenditures are estimated at $25,000 with $20,000 being provided by FTA, $2,500 provided by NCDOT, and a City local match of $2,500. The local match is provided by FY1996 State Maintenance Assistance. 5. Adopt Special Revenue Fund Project Ordinance Amendment Change 97-2 (SRO 93-5 Transit 90.0142). The Federal Transportation Administration has approved the City's request to de-obligate $32,083 in operating funds from FY92-93 (Transit 90.4142) and has made these funds available for the purchase of transmissions and engines in Transit Capital 90.0142. Total expenditures are estimated at $40,104 with $32,083 being provided by FTA, $4,010 provided by NCDOT, and a City local match of $4,011. The local match is provided by FY1996 State Maintenance Assistance. D. Authorize advertisement to consider an exchange of easements with Fayetteville Mall II, a North Carolina Partnership, in Highland Centre. E. Approve referral of schematic design for addition to Police Training Center to Buildings and Properties Committee for review. F. Approve request for legal representation. Mr. Robert C. Cogswell, Jr., City Attorney, stated Mr. Charles Moss had requested legal representation in the law suit Celestine Freeman vs. Charles R. Moss, and City of Fayetteville, 95 CVS 3333. It was Mr. Cogswell's opinion that Mr. Moss was acting within the scope and course of his business at the time the alleged incident occurred and he recommended Mr. Moss be represented by the Office of the City Attorney. 3. PUBLIC HEARINGS: A. Consideration of revisions and amendments to the Fayetteville Code of Ordinances, Chapter 32, Article VIIIA, Landscape Standards. (P96-112F). Jimmy Kizer, Jr., Chairman, Appearance Commission, presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:14 p.m. Mr. Matthew M. Smith, Jr., 3101 Hymen Place, Fayetteville, Mr. Scott Shackleford, 2708 Bennington Road, Fayetteville, and Mr. Peter Stewart, 125 Dundee Road, appeared in favor of the new landscape ordinance. Councilmember Kendrick arrived at 7:20 p.m. Mr. Herschel Tackett, 3102 Hasbrook Court, Fayetteville, appeared in opposition to the ordinance. Mr. Tackett stated he was opposed to the part of the ordinance dealing with trees, flashing signs, banners, streamers and portable signs. Mr. Tackett felt the used car business benefited from this type of advertisement. There being no one further to speak either in favor in opposition the public hearing closed at 7:26 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING CHAPTER 32, ARTICLE VIIIA, LANDSCAPE STANDARDS, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-021. Councilmember Cheek moved to adopt the ordinance, seconded by Mayor Pro Tem Blackwell and carried by a vote of 8 to 0 with Councilmember Ross excused. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1996. B. Consideration of repeal of Chapter 3 and Article VIII of Chapter 32 and the creation of a new Article VIII, Signs, of Chapter 32, Zoning, of the Fayetteville City Code. (P96-113F). Mr. Jimmy Kizer, Jr. Chairman, Appearance Commission, presented this item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:31 p.m. Mr. Matthew M. Smith, Jr., 3101 Hymen Place, Fayetteville and Mr. David Bryan, 156 Ellerslie Drive, appeared in favor of the adoption of the new ordinance. Mr. J. D. Melvin, 211 Morganton Road, Fayetteville, appeared on behalf of the Fayetteville Independent Automobile Association and stated his opposition to the proposed changes. Mr. Melvin stated he did not feel his organization had been represented on the committee working on these changes and he would like any action postponed until a study could be done. He expressed his opposition to the section dealing with banners, streamers, and signs on the building. There being no one further to speak either in favor or opposition the public hearing closed at 7:40 p.m. AN ORDINANCE ESTABLISHING ADVERTISING AND SIGN PROVISIONS AND REGULATIONS FOR THE CITY OF FAYETTEVILLE, NORTH CAROLINA AND PROVIDING FOR THE ADMINISTRATION, AND ENFORCEMENT THEREOF; MADE IN ACCORDANCE WITH THE PROVISIONS OF THE STATE OF NORTH CAROLINA GENERAL STATUTES 160A-174, AMENDED. RESOLUTION NO. R1996-022. A discussion was held regarding the availability of public input into this matter. Councilmember Kendrick moved to approve the sign ordinance as written to be effective January 1, 1997, seconded by Councilmember Cheek. Councilmembers addressed the issues of the nonconforming sign compliance schedule, the amortization schedule, the ability to revise the ordinance if required, and compensation to the sign owners. Mayor Dawkins called for the vote and the motion to adopt the ordinance passed unanimously by a vote of 8 to 0 with Councilmember Ross excused. Councilmember Cheek moved to print enough finalized copies of the ordinance for it to be made available free to each business for a six-month to one-year time period. Councilmember Smith seconded the motion. Mayor Dawkins stated unless there was an objection he believed the staff understood their wishes. No vote was called. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1996. C. Consideration of the rezoning from C1P Shopping Center District to M2 Industrial District or to a more restrictive zoning classification for an area located on the south side of Raeford Road at the intersection of Skibo Road. Containing 7.65 acres more or less and being the property of American Flag-Raeford Road, L.L.C., as evidenced by deed recorded in Deed Book 4448, Page 342, Cumberland County Registry. (P96-106F) Assistant City Manager Jimmy Teal presented this item. He recommended denial of the M2 zoning and approval of C3 Heavy Commercial District zoning. This is the advertised public hearing set for this date and time. The public hearing opened at 8:05 p.m. Mr. Rodney Flora, Elizabethtown, North Carolina, and Mr. Steve Parker, Raeford Road, Fayetteville, North Carolina, appeared in favor of the rezoning. Mr. Parker is the property owner. There was no one present in opposition. The public hearing closed at 8:11 p.m. A question and answer period ensued regarding a possible conditional use permit and the possibility of rezoning a smaller portion of the parcel. City Attorney Cogswell stated it could be done but all setback requirements would have to be met. Councilmember McBryde moved to approve the C3 zoning as recommended by the Zoning Commission, seconded by Councilmember Kendrick and carried by a vote of 7 to 1 with Councilmember Smith opposed and Councilmember Ross excused. Mayor Dawkins stated the required two/thirds vote was met. D. Consideration of request from Zoning Commission to increase the number of appointees to the Commission. City Attorney Robert C. Cogswell, Jr. 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 8:16 pm. Councilmember Kendrick moved to follow the City Attorney's recommendation and make the alternate position a permanent member with a two-year term, and the new appointee would be appointed for a term of one year, seconded by Councilmember Dempster. Mayor Dawkins called for the vote and the motion carried 8 to 0 with Councilmember Ross excused. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 33-3, CITY ZONING COMMISSION, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE. ORDINANCE NO. S1996-023. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1996. 4. Consideration of technical amendments to Chapter 32, Zoning; proposed sign ordinance. Mayor Pro Tem Blackwell moved to refer the amendments to the Planning Commission, seconded by Councilmember Smith and carried unanimously 8 to 0. The changes would be effective January 1st, 1997. 5. Consideration of new offer to purchase property on Hay Street. (Former Lafayette Hotel site). Councilmember McBryde moved to reject the offer and authorize the request for proposals, seconded by Councilmember Smith and carried unanimously 8 to 0 with Councilmember Ross excused. Councilmember Cheek inquired about the Hyatt Palmer report. City Manager John Smith stated the report was due to be presented to the Fayetteville Partnership around the 1st of December and it was his understanding there will be specific generic recommendations for the First Citizens Building and this site. The Council will then be able to make a determination as to the highest and best use for this property. Councilmember Cheek asked that the staff contact the persons making this offer personally and thank them for their interest in the downtown area. Mayor Dawkins called for a vote and the motion carried by a vote of 8 to 0 with Councilmember Ross excused. 6. Consideration of adoption of resolutions and orders to file and publish a preliminary assessment resolution for the extension of its sanitary sewer system in all or a portion of: Raeford Road, US401 Bypass, Kenleigh Road, Old Bunce Road and School Road.(PWC) Mr. Tom McNeill, PWC, presented this item. RESOLUTION AND ORDER TO FILE AND PUBLISH A PRELIMINARY ASSESSMENT RESOLUTION FOR THE EXTENSION OF ITS SANITARY SEWER SYSTEM IN ALL OR A PORTION OF: RAEFORD ROAD, US401 BYPASS, AND KENLEIGH ROAD. RESOLUTION NO. R1996-061. RESOLUTION AND ORDER TO FILE AND PUBLISH A PRELIMINARY ASSESSMENT RESOLUTION FOR THE EXTENSION OF ITS SANITARY SEWER SYSTEM IN ALL OR A PORTION OF: OLD BUNCE ROAD AND SCHOOL ROAD. RESOLUTION NO. R1996-062. Councilmember McBryde moved to adopt the resolutions, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Councilmember Ross excused. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1996. 7. Consideration of actions related to construction of Fire Station Number 1: A. Adoption of Capital Project Ordinance Amendment 97-5. Deputy City Manager Roger Stancil presented this item and he recommended the adoption of the ordinance adding $160,000 revenue to the project. Mr. Stancil stated the site had been appraised for $225,000 and should the sales price be that amount the difference of $65,000 would be placed in the general fund. A discussion was held regarding the dollar amount to be added, the procedure to be used, and the cost of the exterior lighting on the project. Mr. Stancil agreed to come back to Council with a report on the lighting. Councilmember Smith moved to approve the Capital Project Ordinance Amendment adding $160,000, seconded by Councilmember McBryde. The motion carried by a vote of 7 to 1 with Councilmember Cheek opposed and Councilmember Ross excused. B. Award of construction contracts A discussion was held regarding the additional cost of this project. Mayor Pro Tem Blackwell stated in the future he would like to see the cost of all building projects set at the beginning and the amount set would be the limit of the monies spent on the project. Councilmember McBryde stated he thought that a price should not be given before all costs are known. Councilmember Cheek stated $1,900,000 was her top line and a 90 percent increase in the project was as far as she would go and therefore, she would not be voting to award the contract. She stated her decision was in no way a reflection on the Fire Department. Councilmember Kendrick stated he felt a firmer grasp should be had from the inception of the project and he recommended the Buildings and Grounds Committee have a larger role in the process and be involved from the start. Councilmember Massey stated in the future he wanted a consistent form of reporting this type of project to include land acquisition. Councilmember Torrey stated he felt the accelerating prices were a national problem and not just in the Fayetteville area. Mayor Dawkins called for the vote which carried 7 to 1 with Councilmember Cheek opposed and Councilmember Ross excused. 8. Consideration of request for Planning Commission to study the land use plan for the property along Pamalee Drive from Blanton Road to Cain Road. Mr. Jimmy Teal presented this item. Mayor Pro Tem Blackwell moved to refer this item to the Planning Commission, seconded by Councilmember McBryde. A discussion ensued in which Councilmembers Kendrick and Cheek expressed their opposition to rezoning a stable residential neighborhood into a professional or commercial classification. Councilmember McBryde withdrew his second to the motion. The motion died for lack of a second. 9. APPOINTMENTS: A. Election of nominees to fill three vacancies on Historic Resources Commission. Artheneus Dew - Nominated for reappointment Bill Hester - Nominated for reappointment Lucy Wofford - Nominated 1st term Floyd Caldwell - Nominated 1st term A vote was taken on Mr. Artheneus Dew's reappointment. Mr. Dew received 8 votes. After a discussion regarding the categories of memberships on the Historic Resources Commission the Council requested more information be given them before a vote was taken. Councilmember McBryde moved to rescind the action taken on Mr. Dew's vacancy, seconded by Councilmember Kendrick and carried by a vote of 7 to 1 with Mayor Pro Tem Blackwell opposed. Mr. Robert C. Cogswell, City Attorney, stated he thought the procedure on the motion to rescind was improper and a motion to reconsider should have been made first. Councilmember Kendrick moved to reconsider the item, seconded by Councilmember Smith carried by a vote of 7 to 1 with Councilmember Massey opposed and Councilmember Ross excused. Councilmember McBryde moved to rescind the action taken earlier on this item, seconded by Councilmember Smith and carried by a vote of 5 to 3 with Councilmembers Massey, Blackwell, and Dempster in opposition and Councilmember Ross excused. B. Election of nominees to fill three vacancies on Parks and Recreation Advisory Commission. Bobby R. Davis - Nominated for reappointment Darden Jenkins - Nominated for reappointment Karl Legatski - Nominated 1st term Melvin R. Pierce - Nominated 1st term Mr. Darden Jenkins was reappointed to a second term with 7 votes. Mr. Karl Legatski and Mr. Melvin Pierce were appointed to their first two-year term by votes of 7 and 6 respectively. 10. ADMINISTRATIVE REPORTS: A. Update on Sheltered Workshop issue. City Manager John Smith stated the County Manager will do a staff study to include financial and management aspects and he would make a recommendation at a later time. B. Review of Sister City Signage. INFORMATION ON PUBLIC HEARINGS SET: NOVEMBER 4, 1996 A. Consideration of request for reduction of speed limit in Broad Acres subdivision. INFORMATION ITEMS: 1. Streets and Roads Committee - minutes of October 1, 1996. 2. Report on tax refunds less than $100. Taxpayer's Name Nature of Clerical Error Amount Damalerio, Vincent Bill Illegal Tax: Military Non-Resident. $25.13 LES on file. HI-05/02/97 Godfrey, K. Eugene,II & Illegal Tax: Military Non-Resident. $84.38 Melissa Peterson LES on file. SC-10/03/95 ½ exempt Halling, Bradley James & Illegal Tax: Military Non-Resident. $6.67 Leticia LES on file. FL-01/08/98 Mason, Michael R. Illegal Tax: Military Non-Resident. $82.11 LES on file. TX-04/05/97 McCants, Hershel Daniel Jr. Illegal Tax: Military Non-Resident. $44.19 LES on file. TX- 6/28/98 Scrivano, Karen & Robert Illegal Tax: Military Non-Resident. $29.55 LES on file. KY-03/30/96 Ward, Daniel Raymond Illegal Tax: Military Non-Resident. $99.76 LES on file. TX-10/17/97 Welbourn, Diana L. Illegal Tax: Military Non-Resident. $12.35 LES on file. CO-6/27/97 Hutchens, H. Terry PA/ Per the amended statement submitted, $62.38 CO Hutchens & Senter computer equipment split out to adjust value 3. Report on Roxie Avenue/Mitchell Boulevard drainage project. Councilmember Kendrick moved to have this project placed on the current storm water projects list, seconded by Councilmember Dempster. Mr. Jimmy Teal stated Mr. Mike Walker, City Engineer, had come up with an idea that might alleviate the problem. The project would be completed within 4 to 6 months and the situation would be monitored. Councilmember Kendrick asked that the motion still stand and Mayor Dawkins called for the vote. The motion carried by a vote of 8 to 0 with Councilmember Ross excused. Councilmember Torrey requested Mr. Walker go to Temple Avenue to look at the ingress and egress problems and also to look at Driscoll Street. 4. Report on Kinwood drainage project. Councilmember Smith requested the staff re-contact the railroad regarding the drainage problems and also re-contact the North Carolina Department of Transportation regarding a stop light at the Kinwood Subdivision. 5. Report on sidewalk on Purdue Drive. 6. Report on Glensford Drive Extension. 7. Report on proposed drainage improvement along Pershing Street. 8. Report on private streets. 9. Report on drainage complaint at 2625 Elmhurst Drive. (Request from Councilmember Kendrick) 10. Copy of notice sent to residents concerning construction of Morganton Road sidewalk. 11. Police Department: Professional Standards monthly report for the month of September, 1996. Mayor Pro Tem Blackwell requested commendations made to police officers and/or the police department be included in this report. 12. Parks and Recreation Advisory: minutes of September 23, 1996. 13. Human Relations Commission: minutes of September 12, 1996. 14. Blue Ribbon Panel on Air Service: minutes of September 11, 1996. 15. FACVB - minutes of September 12, 1996. 16. Fayetteville Redevelopment Commission - minutes of September 11, 1996. 17. Invitation from local chapter of National Railroad Historical Society. 18. Letter from N.C. DOT regarding Cliffdale Road/All American Freeway Interchange. Councilmember Kendrick inquired as to what options remain to get noise abatement barriers at the Cliffdale/All American Freeway Interchange ramp. City Manager John Smith replied when the Council voted to approve the interchange it went on the Thoroughfare Plan. When it went on the Thoroughfare Plan it became a North Carolina Department of Transportation project. The City staff has no input in this project. The only way to deal now would have to be political. A discussion ensued regarding contacting the North Carolina Highway Commission/Commissioners and Mr. Lyndo Tippett. Councilmember Dempster moved to adjourn the meeting, seconded by Councilmember Smith. There being no further business the meeting adjourned. INFORMATION MEETING OCTOBER 28, 1996 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER OCTOBER 28, 1996 CITY HALL Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Craig Hampton, Administrative Services Director Vera Bell, Solid Waste Management Director Greg Caison, Storm Water Services Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Councilmember Smith, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: 1. APPROVAL OF AGENDA Councilmember Kendrick moved to approve the agenda, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 2. Update on cablevision franchise project. Ms. Jean Rice, of Rice, Williams and Associates, gave an update on the cablevision franchise project to include an overview of the fiber optic trends in communication and the process and steps required to draft and negotiate the upcoming cablevision franchise. Ms. Rice recommended a telecommunication ordinance be adopted that would set the framework for the providers of these services. She explained a written Needs Assessment Survey would be done by her firm to help set out the requirements of the request for proposals and to help to determine the community's needs. A discussion ensued regarding the time frame of the process needed to improve the cablevision services while at the same time protecting the citizens and setting goals to ensure the readiness of the city staff when the Need Assessment Report has been completed. Councilmember Cheek requested a time frame. Ms. Rice responded as follows: 1. Community Needs Assessment - 8 to 9 weeks 2. Provide recommendations for - dependent on Step 1 RFP to staff 3. Present RFP to Cablevision Co. - 60 to 90 days to respond 4. Revisions and contract - 1 to 6 months 3. Presentation on proposed revisions to Chapter 14, Garbage, Trash and Weeds, of the Fayetteville City Code. Deputy City Manager Roger Stancil presented the proposed amendment to the ordinance through a slide presentation and a verbal explanation of the major procedural revisions. A discussion was held regarding year-around containerization of leaves/yard debris, current enforcement procedures, additional costs to citizens, the street drainage systems problems, and the hardship of proposed ordinances on certain elements of the population. Mayor Pro Tem Blackwell requested that a report be done regarding the costs to provide the citizens with the proposed 32-gallon trash containers for yard debris. Councilmember Cheek requested a report on the cost and time involved in storm drainage problems. She also requested that copies of the proposed ordinance be provided to garden clubs, landscaping services, and home owners associations for public feedback. Mr. Stancil presented a proposed revision to the solid waste management fee schedule. 4. Report on procedures for MBE participation in City projects. City Manager John Smith presented this item. He stated there are two key concepts: (1) Goals versus Quotas which ensure that the lowest responsible bidder will get the contract and (2) the City has a 10 percent goal that has always been met and demonstrates the City's good faith effort to encourage minority bidders. Mr. Smith stated the City of Fayetteville has two areas in which there are formalized MBE programs and they are (1) Building contracts over $100,000 and (2) Grant programs covered by federal regulations. A discussion was held regarding the number of certified businesses, the number of women owned companies, the need for more certification, and the City's overall MBE performance record. 5. Consideration of award of contract to Robert Marvin Associates for schematic design of Phase I of A Complete Fayetteville Once and For All Plan. City Manager John Smith presented this item. He explained that this contract was for the specific design of the Downtown City Park Project and it would be a direct contract with the designer. The City would be responsible for its administration. Mr. Smith recommended the Council authorize the Mayor to appoint a Design Review Committee consisting of one member from the following boards, commissions and agencies: Parks and Recreation Advisory Commission Planning Commission Appearance Commission Historic Resources Commission Redevelopment Commission Fayetteville Partnership Arts Council of Fayetteville and Cumberland County Public Works Commission Mr. Smith stated he would appoint a staff project manager and a staff review committee to cover the technical aspects of the project. Mr. Smith further recommended approval of the contract for the $425,000 for the scope of services as set out and the reimbursable expenditures not to exceed $38,250 for a total of $463,250. It would require a budget amendment to appropriate the $50,000 being paid by the Cumberland County. Councilmembers Kendrick and McBryde inquired as to whether the cost could be determined at the end of this phase. Mr. Smith replied in the affirmative. Councilmember Smith inquired about specifics in the contract to include the process for selection of a designer, and the cost involved in surveys, utilities and permits. Councilmember Cheek inquired about the Council having the ability to select separate design elements of the contract. Mr. John Smith replied that the contract had been divided into ten separate elements and there would be cost estimates on each element thereby enabling the Council to vote individually on the separate items. Councilmember Cheek proposed the Design Review Committee be composed of citizen members and that an alternate also be selected from each commission/board in order to ensure representation at the meetings scheduled with Mr. Marvin. Councilmember Dempster expressed his concern about the travel cost and the lack of a set time frame. City Manager John Smith stated he did not want to put unreasonable restrictions on Mr. Marvin. However, if the Council would authorize him to put an acceptable time frame of no more than 12 months in the contract he would have no problem in doing that. Councilmember Kendrick moved (1) to approve the contract with Robert Marvin and Associates for the Phase I schematic design (2) to appoint the Design Review Committee as recommended with the addition of an alternate being selected from each agency and (3) to include a 12-month time frame for the completion of the contract, seconded by Mayor Pro Tem Blackwell. Councilmember Smith stated he wanted to support downtown development but he could not support the motion due to his questions on the contract. He stated his particular concerns were the 15 percent processing fee to be included in the reimbursable expenses, the use of Mr. Marvin's private airplane, and the arbitration provisions. Mr. John Smith stated the 15 percent overall administration cost was standard in this type of contract, and he felt the cap set on the expenses was a safeguard. Mayor Pro Tem Blackwell stated all businesses have to pay for the expertise of a specialized service. Mayor Pro Tem Blackwell asked Mr. Cogswell if he had any problems with the contract. Mr. Cogswell stated his concerns had been addressed and he felt this was a standard contract. Mayor Dawkins called for the vote and the motion carried by a vote of 7 to 2 with Councilmembers Smith and Ross opposed. Mayor Pro Tem Blackwell moved to amend the budget ordinance 97-1 to appropriate $50,000 being paid by the county, seconded by Councilmember Massey. The motion carried by a vote of 8 to 1 with Councilmember Ross opposed. Councilmember Cheek requested that a report be provided monthly or no less than bi-monthly to the Council regarding the progress on the park design project, the key element of the removal of the railroad tracks, and the activities and progress made by the Fayetteville Partnership. 6. Consideration of adoption of resolution creating a Cooperative Agreement with the Winston-Salem Transit Authority for the purpose of receiving bids for transit coaches. RESOLUTION CREATING A COOPERATIVE AGREEMENT WITH THE WINSTON-SALEM TRANSIT AUTHORITY FOR THE PURPOSE OF RECEIVING BIDS FOR TRANSIT COACHES. RESOLUTION NO. R1996-063. Councilmember Kendrick moved to adopt the resolution and approve the memorandum of agreement, seconded by Councilmember Torrey and carried unanimously by a vote of 9 to 0. 7. Presentation of plaque to be displayed by agencies receiving funding from the City. Deputy City Manager Roger Stancil presented a replica of the plaque to be displayed in agencies receiving funding from the City. 8. Consideration of setting a joint meeting with Airport Commission. (Suggested date: November 25 Information Meeting) Councilmember Smith moved to set a joint meeting with the Airport Commission for November 15, 1996, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. 9. APPOINTMENTS: A. Nominations to fill one vacancy on Zoning Commission. Councilmember Smith nominated Ms. Cheri Li Beasley for the one-year vacancy on the zoning board. INFORMATION ITEMS: 1. Information on proposed renaming of CBD Loop. 2. Quarterly report for period ending September 30, 1996. 3. Recreation and Parks Advisory Commission - agenda for October 28, 1996. 4. Copy of resolution of the Mid-Carolina Council of Governments in support of the Mayor's Task Force on the Cape fear River Basin. Mayor Dawkins asked to be excused from the November 4, 1996, regular meeting due to an out-of-town trip. Councilmember Smith moved to excuse Mayor Dawkins, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. Councilmember Massey inquired if there was a written response from the North Carolina Department of Transportation to Mayor Dawkins' letter of December 20, 1994, regarding the naming of the CBD Loop for Dr. Martin Luther King. Mr. Smith stated he would have back to Council with that information. Councilmember Smith inquired about the sidewalks listed on the bond projects. Mr. Smith stated he would get status reports on all bond projects prepared for the Council. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. The meeting adjourned at 10:00 p.m. REGULAR MEETING NOVEMBER 4, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 4, 1996 7:00 P.M. Present: Mayor Pro Tem Blackwell Councilmembers Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Mayor J. L. Dawkins - excused at 10-28-96 meeting Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Pete Piner, Fire Chief Craig Hampton, Administrative Services Director Kai Nelson, Finance Director Kathy Baker, Planning Tom McNeill, PWC Mick Noland, PWC Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend David George, Pastor of LaGrange Park Baptist Church, followed by Mayor Pro Tem Blackwell leading in the Pledge of Allegiance to the American Flag. RECOGNITION: 1. APPROVAL OF AGENDA City Attorney Robert C. Cogswell, Jr. requested to add the names of the employees requesting legal representation to item 2.I. (See Item 2.I. for details.) Councilmember Smith moved to approve the agenda with the addition to Item 2.I., seconded by Councilmember Ross and carried unanimously 9 to 0. 2. CONSENT: Councilmember McBryde moved to approve the consent agenda, seconded by Councilmember Dempster and carried unanimously 9 to 0. A. Approve minutes of regular meeting of October 7, 1996. B. Adopt resolution authorizing the exchange of easements with Fayetteville Mall II, a North Carolina Partnership, in Highland Centre. RESOLUTION AUTHORIZING THE EXCHANGE OF PROPERTY BETWEEN THE CITY OF FAYETTEVILLE AND HIGHLAND CENTRE, A NORTH CAROLINA PARTNERSHIP TO ESTABLISH STORM SEWER EASEMENT AT HIGHLAND CENTRE. RESOLUTION NO. R1996-064. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1996. C. Refer to Planning Commission the consideration of C1P variance procedures and regulations. D. Authorize acceptance of Grant Agreement Amendment No. 1 for AIP Project No. 3-37-0021-15 at the Fayetteville Regional Airport. E. Adopt Special Revenue Fund Project Ordinance 97-5 (Crime Summit). The City has received funding from the governor's Crime Commission for a Crime Summit to be carried out by the Fayetteville Chamber of Commerce. The grant is for $21,902 with the Chamber contributing the local match requirement of $7,301. The objective of this grant is to develop and implement strategies that will reduce the crime in the Fayetteville MSA by 10 percent annually for the next five years. This will be accomplished in three phases. The first phase began in March 1996 with the commission of a 10-year study of index crimes and the establishment of a broad-based coalition organized by the Chamber. The next two phases will consist of analyzing the problem, setting objectives for reducing crime, and implementing suggested strategies. F. Approve Municipal Enhancement Agreement with N.C. DOT for construction of sidewalks on the southwest side of Purdue Drive from US 401 Business (Raeford Road) to the Gilmore Youth Center. G. Approve Municipal Agreement with N.C. DOT for installation of automatic warning devices at the railroad crossing of Levy Drive and Aberdeen and Rockfish Tracks, Crossing No. 847 210G. H. Refer to Streets and Roads Committee the following traffic ordinances amending Chapter 20, Motor Vehicles and Traffic, of the Fayetteville City Code: 1. Traffic Schedule Number 14 - Yield Right Of Way: changing Yield to Stop signs: Fordham Dr., Colgate Dr., Open View Dr. 2. Traffic Schedule Number 8 - Speed Control, 45 Miles Per Hour, adding to said schedule the following: Bonanza Dr. (SR 1408) from Morganton Road (SR 1404), northward to Yadkin Road (SR 1415) (except a 25 mph school zone in effect at Morganton Road Elementary, Ponderosa Elementary, and Westover Junior and Senior High School). 3. Traffic Schedule Number 8 - Speed Control, 45 Miles Per Hour, adding to said schedule the following: Gillespie St. (SR 2311) from a point 0.29 mile north of Cooper St. (SR 1160), northward to a point 0.15 mile south of Southern Avenue (SR 1141). I. Approve requests for legal representation. City Attorney Robert C. Cogswell, Jr. recommended appointment of the City Attorney's office to represent Mr. Willie Bryant Gaddie in Regency Insurance vs. the City of Fayetteville and Willie Bryant Gaddie, 96 CVS 6786 and Susan Myer vs. the City of Fayetteville and Willie Bryant Gaddie, 96 CVS 6745. He recommended the appointment of the City Attorney's office to represent Mr. John Paul Wetherwax in 96 CVS 6893 Gloria Jean McNeill vs. John Paul Wetherwax and 96 CVS 6894 Trina McNeill vs. John Paul Wetherwax. Mr. Cogswell stated Mr. Gaddie and Mr. Wetherwax were acting within the scope and course of their employment at the time of the alleged incidents. 3. PUBLIC HEARINGS: A. Consideration of adoption of resolutions ordering an extension of the sanitary sewer collection system of the City of Fayetteville, North Carolina, into the following areas: (Phase II Annexations Areas) (PWC) Mr. Tom McNeill, Real Estate/Special Project Manager, PWC, presented this item. He informed the Council the cost on a per lot basis for sanitary sewer in the newly annexed areas would be $2,605 to include the lateral hookup fee. This amount represents one-third of the total cost of the project. Mr. McNeill recommended Council adopt the resolutions and set a ten-year term for repayment because of the need for funds to be paid back to PWC so there will be capital to do future projects. A discussion was held regarding the fees and terms of repayment. City Attorney Robert C. Cogswell, Jr. recommended Council uses the ten-year designation at this time and it would enable them to extend the time to 20-years if they so decided. 1. Montclair Subdivision: all or a portion of Fenmark Pl., Chesterbrook Dr., Stoneykirk Dr., Wiltshire Rd., Montclair Rd., Yorkshire Dr., Newport Rd., Wellington Rd., Moriston Rd., Brighton Rd., Berwick Dr., Glensford Dr., Rock Spring Rd., Burgoyne Dr., Hermosa Ct., and Belford Rd. 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 ended at 7:12 p.m. FINAL RESOLUTION (MONTCLAIR SUBDIVISION AREA) ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO ALL OR A PORTION OF FENMARK PLACE, CHESTERBOOK DRIVE, STONEYKIRK DRIVE, WILTSHIRE ROAD, MONTCLAIR ROAD, YORKSHIRE DRIVE, NEWPORT ROAD, WELLINGTON ROAD, MORISTON ROAD, BRIGHTON ROAD, BERWICK DRIVE, GLENSFORD DRIVE, ROCK SPRING ROAD, BURGOYNE DRIVE, HERMOSA COURT, AND BELFORD ROAD. RESOLUTION NO. R1996-065. Councilmember Cheek moved to adopt the resolution with a repayment of ten years, seconded by Councilmember Massey and carried unanimously by a vote of 9 to 0. 2. Hollywood Heights/Mayfair/Cloverleaf Subdivisions: all or a portion of Louise St., Dandy Rd., Hopkins St., Timberland Dr., Wayside Rd., Kimbrook Dr., Conaway Dr., Hilco Dr., Malvern Cir, Regis Ct., Wanda Cir, Crayton Cir, Kingsley Rd., Pritchett Rd., Wynwood Dr., Glenlea Cir, Fanning Cir, Lynette Cir, Bristol Dr., Penfield Dr., Penfield Pl., Clifford Ave, Lansford Dr., Nelson Ave, Leona Ave, and Mount Gilead Dr. This is the advertised public hearing set for this date and time. The public hearing opened at 7:14 p.m. There was no one to speak in favor and Ms. Ruby Sponhouse, 114 Nelson Avenue, Fayetteville, North Carolina, appeared in opposition. Ms. Sponhouse expressed her concerns about the lack of notification of the public hearing and that liens were being placed on the homes in her neighborhood. She also stated there were many retired families on a set income in her area and they would be unable to pay the extra amount of taxes. There being no one further to speak the public hearing ended at 7:18 p.m. Mr. Tom McNeill addressed the issues of notification and stated that 2,850 letters had been mailed out but Ms. Sponhouse would not have received a letter because she was not in the newly annexed area. He also presented an amortization schedule which compared a 10-year payback plan versus a 20-year payback plan. The ten-year schedule showed a monthly payment of $28.16 with total interest paid of $773.69. The 20-year payback plan showed a monthly payment of $18.02 with total interest of $1,719.95. Councilmember Dempster inquired as to whether there was a financial hardship waiver that could be applied to this situation. City Attorney Robert C. Cogswell, Jr. stated there were no exceptions because assessment collection follows the same rules as ad valorem taxes. Mr. Cogswell stated the City tried to work with the citizens and it was not the City's practice to take homes. A discussion ensued regarding the possible use of community development funds and grants to help pay for the assessments, the problem of old septic tanks, and the anticipated levy date of two to three years on the projects being approved at this meeting. FINAL RESOLUTION (HOLLYWOOD HEIGHTS/MAYFAIR/ CLOVERLEAF AREA) ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO ALL OR A PORTION OF LOUISE STREET, DANDY RD, HOPKINS STREET, TIMBERLAND DRIVE, WAYSIDE ROAD, KIMBROOK DRIVE, CONAWAY DRIVE, HILCO DRIVE, MALVERN CIRCLE, REGIS COURT, WANDA CIRCLE, CRAYTON CIRCLE, KINGSLEY ROAD, PRITCHETT ROAD, WYNWOOD DRIVE, GLENLEA CIRCLE, FANNING CIRCLE, LYNETTE CIRCLE, BRISTOL DRIVE, PENFIELD DRIVE, PENFIELD PLACE, CLIFFORD AVENUE, LANSFORD DRIVE, NELSON AVENUE, LEONA AVENUE, AND MOUNT GILEAD DRIVE. RESOLUTION NO. R1996-066. Councilmember McBryde moved to adopt the resolution with the equal annual installments to be a minimum of ten (10) years not to exceed twenty (20) years, seconded by Councilmember Torrey and carried unanimously 9 to 0. Councilmember Smith moved to reconsider Item 3.A-1, seconded by Councilmember Dempster and carried by a vote of 9 to 0. Councilmember Cheek moved to rescind the previous action on Item 3.A-1 and to adopt Resolution No. R1996-065 with the equal annual installments to be a minimum of ten (10) years not to exceed twenty (20) years, seconded by Councilmember Massey and carried unanimously by a vote of 9 to 0. 3. Bunce Road area to include but not limited to Dunkirk Heights/ Glenhaven/ Marlboro/ Glenbrook/ Scotsdale and Cliffdale Road West of Bunce Road: all or a portion of Bunce Rd., Wilson Ave, Ginger Cir., Fredrick Rd., Lagoon Dr., Comet Cir., Kipp Cir, Jet Cir., Tareyton Rd., Venture St., Lark Dr., Lark Ct., Tarreytown Dr., Portsmouth Dr., St. Louis St., Pleasant St., Jamaica Ct., Vermont St., Dublin Ct., Schaffer St., Meridion St., Dorchester Pl., Libeth Pl., Cliffdale Rd., School Rd., Wright Ave, and Raven Pl. 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 ended at 7:40 p.m. FINAL RESOLUTION DUNKIRK HEIGHTS/GLENHAVEN/ MARLBORO/GLENBROOK/SCOTSDALE AND CLIFFDALE ROAD WEST OF BUNCE ROAD) ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO ALL OR A PORTION OF BUNCE ROAD, WILSON AVENUE, GINGER CIRCLE, FREDRICK ROAD, LAGOON DRIVE, COMET CIRCLE, KIPP CIRCLE, JET CIRCLE, TAREYTON ROAD, VENTURE STREET, LARK DRIVE, LARK COURT, TARREYTOWN DRIVE, PORTSMOUTH DRIVE, ST. LOUIS STREET, PLEASANT STREET, JAMAICA COURT, VERMONT STREET, DUBLIN COURT, SCHAFFER STREET, MERIDION STREET, DORCHESTER PLACE, LIBETH PLACE, CLIFFDALE ROAD, SCHOOL ROAD, WRIGHT AVENUE, AND RAVEN PLACE. RESOLUTION NO. R1996-067. Councilmember Dempster moved to adopt the resolution for a minimum of ten (10) years not to exceed twenty (20) years of equal annual installments, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 4. Raeford Road area between Montclair Road and west of Strickland Bridge Road: all or a portion of Raeford Road, Little Road and Pompton Drive. 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 ended at 7:41 p.m. FINAL RESOLUTION (RAEFORD ROAD AREA BETWEEN MONTCLAIR ROAD AND WEST OF STRICKLAND BRIDGE ROAD) ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO ALL OR A PORTION OF RAEFORD ROAD, LITTLE ROAD AND POMPTON DRIVE. RESOLUTION NO. R1996-068. Councilmember McBryde moved to adopt the resolution for a minimum of ten (10) years not to exceed twenty (20) years of equal annual installments, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. 5. Loch Lommond Area: all or a portion of Kimridge Dr., Ryan St., Sherrod Dr., Shelby Ct., Bathwell Dr., Baldoon Dr., Desmond Dr., Perth St., and Milburn Dr. 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 ended at 7:42 p.m. FINAL RESOLUTION (LOCH LOMMOND AREA) ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO ALL OR A PORTION OF KIMRIDGE DRIVE, RYAN STREET, SHERROD DRIVE, SHELBY COURT, BATHWELL DRIVE, BALDOON DRIVE, DESMOND DRIVE, PERTH STREET, AND MILBURN DRIVE. RESOLUTION NO. R1996-069. Councilmember Massey moved to adopt the resolution for a minimum of ten (10) years not to exceed twenty (20) years of equal annual installments, seconded by Councilmember Cheek and carried unanimously by a vote of 9 to 0. 6. Area south of Raeford Road, north of Village Drive, east of Buckhead Creek and west of the existing corporate City boundary: all or a portion of Shepard St., David St., Joel St., Hanna St., Isham St., Cape Center Dr., Crestwood Dr., Martin Ct., Elizabeth Dr., Melrose Rd., Furman Dr., Thomas Dr., Ireland Dr., Miller Ave, Hicks Ave, Faison Ave, Rodie Ave, Roxie Ave, Martindale Dr., Wellons Dr., Hartwell Rd., Berger Dr., Wayne Lane, Sandra Dr., Glenwick Dr., Wendover Dr., Coventry Rd., Edgedale Dr, Stratford Rd, Gatewood Dr, St. Paul Ave, John Marshall Rd, and St. Augustine Drive. This is the advertised public hearing set for this date and time. The public hearing opened at 7:43 p.m. There was no one present to speak in favor. Ms. Mary A. Warren, 3909 Faison Street, Fayetteville, North Carolina, appeared in opposition. Ms. Warren requested that the City inspect, drain and refill the septic tanks in her area after the sewer line has been completed. She also requested that the cost be charged to the citizen. There being no one further to speak the public hearing ended at 7:50 p.m. FINAL RESOLUTION (AREA SOUTH OF RAEFORD ROAD, NORTH OF VILLAGE DRIVE, EAST OF BUCKHEAD CREEK AND WEST OF THE EXISTING CORPORATE CITY BOUNDARY) ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO ALL OR A PORTION OF SHEPARD STREET, DAVID STREET, JOEL STREET, HANNA STREET, ISHAM STREET, CAPE CENTER DRIVE, CRESTWOOD DRIVE, MARTIN COURT, ELIZABETH DRIVE, MELROSE ROAD, FURMAN DRIVE, THOMAS DRIVE, IRELAND DRIVE, MILLER AVENUE, HICKS AVENUE, FAISON AVENUE, RODIE AVENUE, ROXIE AVENUE, MARTINDALE DRIVE, WELLONS DRIVE, HARTWELL ROAD, BERGER DRIVE, WAYNE LANE, SANDRA DRIVE, GLENWICK DRIVE, WENDOVER DRIVE, COVENTRY ROAD, EDGEDALE DRIVE, STRATFORD ROAD, GATEWOOD DRIVE, ST. PAUL AVENUE, JOHN MARSHALL ROAD, AND ST. AUGUSTINE DRIVE. RESOLUTION NO. R1996-070. A discussion ensued with the determination being made that the City has no code requirements which pertain to septic tanks. Councilmember Torrey stated he had heard the county was charging $5,000. He requested our Inspection Department to investigate the matter. Councilmember Ross moved to adopt the resolution for a minimum of ten (10) years not to exceed twenty (20) years of equal annual installments, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. 7. Old Bunce Road Area: all or a portion of Old Bunce Road and School Road. 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 ended at 7:53 p.m. FINAL RESOLUTION (OLD BUNCE ROAD AREA) ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO ALL OR A PORTION OF OLD BUNCE ROAD AND SCHOOL ROAD. RESOLUTION NO. R1996-071. Councilmember McBryde moved to adopt the resolution for a minimum of ten (10) years not to exceed twenty (20) years of equal annual installments, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 8. A. Raeford Road Area 2: all or a portion of Raeford Road, US 401 Bypass, Kenleigh Dr., and Applecross Ave. This is the advertised public hearing set for this date and time. There was no one present to speak. The public hearing opened and ended at 7:54 p.m. FINAL RESOLUTION (RAEFORD ROAD AREA 2) ORDERING AN EXTENSION OF THE SANITARY SEWER COLLECTION SYSTEM OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA INTO ALL OR A PORTION OF RAEFORD ROAD, US 401 BYPASS, KENLEIGH DRIVE, AND APPLECROSS AVENUE. RESOLUTION NO. R1996-072. Councilmember Cheek moved to adopt the resolution for a minimum of ten (10) years not to exceed twenty (20) years of equal annual installments, seconded by Councilmember Ross and carried unanimously by a vote of 9 to 0. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1996. B. Consideration of adoption of ordinance amending Chapter 20, Motor Vehicles and Traffic, to reduce speed limit to 25 Miles Per Hour in the Broad Acres Subdivision. Mr. Jimmy Teal, Assistant City Manager, presented this Item. This is the advertised public hearing set for this date and time. The public hearing opened at 7:55 p.m. There was no one to speak in favor. Mr. Aaron J. Johnson, 1917 Ernest Street, appeared in opposition to changing the speed limit to 25 miles per hour. Mr. Johnson requested to have 35 miles per hour speed limit signs posted in the neighborhood and asked Council to wait and see the results. Mr. Johnson stated he had driven the area and it was impossible to maintain a 25 miles per hour speed in the area. There was no one further to speak, the public hearing ended at 8:05 p.m. Councilmember Torrey stated that he had personally helped to obtain the signatures on the petition and this is what the neighborhood wanted. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-035. Councilmember Torrey moved to adopt the ordinance, seconded by Councilmember Kendrick. A discussion was held on the motion with Councilmembers Ross and McBryde stating they could not support the motion. Mayor Pro Tem Blackwell called for the vote and the motion carried 7 to 2 with Councilmembers McBryde and Ross in opposition. City Manager John Smith assured the Council there would be an ease into the enforcement of the new speed limit by use of the signs which showed the actual speeds of vehicles and the issuance of warning tickets based, of course, on the police officers' judgement. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1996. 4. Consideration of request from Botanical Garden for sanitary sewer installation at the Botanical Garden. Mr. Greg Nace, Director of Cape Fear Botanical Garden asked the Council to approve their request for the installation of sanitary sewer in the garden. Councilmember McBryde moved to direct PWC to install sanitary sewer at the Cape Fear Botanical Garden site, seconded by Councilmember Kendrick. City Manager John Smith told Council the reason this issue had come to them was because PWC's policy was that property owners needed to make this type request and the City of Fayetteville is the current owner of this site. Mr. Mick Noland, PWC, addressed the Council. He stated because this was for the benefit of the Botanical Garden only and the current work demand on PWC was excessive he felt that it would be best for the Botanical Garden to contract and hire someone to do the work and payment could come out of the funds which had been set aside by PWC for downtown development. After a lengthy discussion regarding the current septic tank system and the proposed recommendations from PWC, Mr. John Smith stated he believed the issue was that PWC did not want the motion interpreted to mean that PWC would actually physically do the work but rather that the work should be contracted out and the contract fee would be paid out of the downtown funds set aside by PWC for downtown development. Mr. Smith stated he felt that he and Mr. Blanchard could work out the details. Councilmember Cheek offered a friendly amendment to the motion that the cost issue be referred to John Smith and that he be authorized to negotiate with Mr. Blanchard of PWC as to how it would be paid and then bring a report back to the Council. Councilmembers McBryde and Kendrick accepted the friendly amendment. Mayor Pro Tem Blackwell called for the vote and the motion carried unanimously by a vote of 9 to 0. 5. Consideration of the rezoning from P2 Professional District to R5 Residential District or to a more restrictive zoning classification for an area located at 109 Hale Street. Containing .428 acres more ore less and being the property of Anne Alexandra Morriss and Leslie Roy Morriss as evidenced by deed recorded in Deed Book 4222, Page 330, Cumberland County Registry. (P96-108F) Assistant City Manager Jimmy Teal presented this item. He stated the Zoning Commission recommended denial of R5 residential district and approval of R10 residential district. Councilmember Cheek moved to rezone to R10, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 6. Consideration of the rezoning from R6 Residential District to C1 Local Business District or to a more restrictive zoning classification for an area located at 128 Lock Trail. Containing .34 acres more or less and being the property of Gary L. Strickland Construction, Inc., as evidenced by deed recorded in Deed Book 4466, Page 88, Cumberland County Registry. (P96-111F) Kathy Baker of the planning staff presented this item. Ms. Baker stated the Zoning Commission recommended approval of the C1 Local Business District zoning. Councilmember Dempster moved to approve the zoning to C1, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 7. Consideration of the rezoning from R10 Residential District to C1 Local Business District or to a more restrictive zoning classification for a portion of the area located at the intersection on the southwest corner of Country Club Drive and Ramsey Street. Containing .18 acres more or less and being the property of James L. Mosher as evidenced by deed recorded in Deed Book 2968, Page 613, and being the property of James L. Mosher and Leslie L. Mosher as evidenced by deed recorded in Deed Book 3999, Page 270, Cumberland County Registry. (P96-114F) This item was presented by Assistant City Manager Jimmy Teal. Councilmember Kendrick moved to follow the recommendations of staff, seconded by Councilmember Dempster and approved unanimously by a vote of 9 to 0. 8. Consideration of the following audit matters: A. Presentation of FY1995-96 Financial Statements and Schedules. Mr. Edward Bekaert of Cherry, Bekaert and Holland reviewed the fiscal year 1995-96 Financial Statements and Schedule Reports as presented to the Council. Mr. Kai Nelson, finance director, stated the City's financial standing had improved $1 million over the actual budget approved. The General Fund performance exceeded expectations with un-designated fund balance increasing from $7.1 million in 1995 to $8.2 million in 1996. The expectations during the budget process were that undesignated fund balance would remain unchanged. The $8.2 million represents almost 13% of expenditures. Contributing to the improvement in the City's financial condition were more than anticipated property and utility franchise tax collections ($430,000), tax reimbursements ($100,000) and investment income ($100,000). Pre-annexation expenses for salaries were less than projected. These two factors combined to create a healthier General Fund than anticipated during the budget process. A question and answer period ensued regarding departmental expenditures and the status of the issuance and sales of outstanding city bonds. Councilmembers commended the city management and staff for their hard work and clean audit report. Councilmember Dempster moved to accept the report, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. B. Consideration of award of contract to audit accounts for Fiscal Year 1996-97. City Manager John Smith presented this item. He stated the Council had at least two options concerning the audit contract: 1. 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. Release a 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). The premise associated with releasing a request for proposals is that "competition" will generate increased/improved service levels at lower fees. Limiting respondents to only Fayetteville firms will not achieve that objective. Mr. Smith recommended 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 $72,000. The proposed fee is unchanged from last year's fee. An in-depth discussion was held regarding the available options, the bidding process, and the pros and cons of rehiring the same auditing firm. Councilmember Ross moved to award the contract to Cherry, Bekaert and Holland, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 9. Consideration of approval of License Agreement with Bell South Carolinas PCS at Regency Apartments. Mr. Tom McNeill presented this item. Councilmember Torrey moved to approve the License Agreement, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 10. Consideration of adoption of resolution authorizing the disposal of surplus fire fighting apparatus (fire trucks). City Manager John Smith presented this item. He recommended the adoption of the resolution authorizing the disposal of surplus fire fighting apparatus. A question and answer period was held. Chief Piner was present and answered the Council's inquiries. A RESOLUTION DECLARING VARIOUS CITY OWNED PERSONAL PROPERTY ITEMS SURPLUS AND AUTHORIZING DISPOSAL VIA PRIVATE NEGOTIATION AND SALE AND VIA THE SEALED BID METHOD AS ALLOWED BY N.C.G.S. 160A-266, 160A-267, & 160A-268. RESOLUTION NO. R1996-073. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Kendrick and carried by a unanimous vote of 9 to 0. 11. Consideration of adoption of resolution authorizing application to the Secretary of the Interior to acquire the former USO site on Ray Avenue. City Manager John Smith presented this item. He stated this action was part of the base closure process and part of the process for the city to apply for ownership of the leased site. Mr. Smith pointed out that any hazardous material problems must be abated by the US Government. Councilmember Cheek inquired as to whether this would apply to asbestos in the building. Mr. Smith replied in the affirmative. Councilmember Cheek inquired as to whether this building could be used for a commercial vendor or building. Mr. Smith stated that if the commercial use was part of a park use then it would probably be allowed, but he did not think it could be used by a commercial vendor nor could the city sell or donate it for a commercial purpose. RESOLUTION AND CERTIFICATE OF AUTHORITY OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. RESOLUTION NO. R1996-074. Councilmember Cheek moved to authorize the City Manager to execute the application by approving the resolution, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. 12. Consideration of Driveway Manual. Councilmember McBryde moved to refer this item to the Fayetteville City Planning Commission, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 13. Consideration of the scheduling of joint meetings with the Cumberland County Board of County Commissioners. (Referred by City-County Liaison Committee.) Mayor Pro Tem Blackwell stated there were two decisions that needed to be made: 1. Does the City Council want to meet with the Cumberland County Commissioners two times a year? 2. Does the City Council want to set two meetings on the fifths Mondays of the year? These meetings would be set in advance in January of each year. Councilmember McBryde moved to approve meeting with the Commissioners two times a year on two of the fifth Mondays of the year with the dates being determined by both the County Manager and the City Manager, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 14. APPOINTMENTS: A. Nominations are needed to fill two vacancies on Fair Housing Board. The following nominations were made: 1. Rick Leslie, nominated by Councilmember Kendrick 2. John Hood, nominated by Mayor Pro Tem Blackwell 3. Mary Hales, nominated by Councilmember Massey B. Nominations are needed to fill one vacancy on Fayetteville Board of Adjustment. No nominations were made at this time. C. Nominations are needed to fill one vacancy on Fayetteville Redevelopment Commission. The following nomination was made: 1. Patsy Brewington Brocato, nominated by Councilmember Ross D. Nominations or Election of nominee to fill one vacancy on Fayetteville Zoning Commission. Cheri Beasley was appointed to a one-year term which expires July 1997. E. Nominations or Election of nominees to fill three vacancies on Historic Resources Commission. Councilmember Dempster nominated Mr. Tracy McDonald for Category Three, Landscape Architect. Ms. Lucy Wofford was voted into Category Five, Historic District Property Owner, with a total of nine votes. Mr. Artheneus Dew was voted into Category Six, At-large, for a second term by six votes. Mr. Tracy McDonald was voted into Category Three, Realtor/ Developer for a first term by six votes. 15. ADMINISTRATIVE REPORTS: Councilmember Smith stated the Kinwood railroad project had been started. A. Discussion of Council Retreat, November 15-16. INFORMATION ON PUBLIC HEARINGS SET: NOVEMBER 18, 1996 A. Consideration of request for reduction of speed limit in the following areas: 1. Remington Subdivision 2. Scotsdale Subdivision DECEMBER 2, 1996: A. Consideration of approval of contracts for Section 108 Loan for Seabrook Pool. INFORMATION ITEMS: 1. Update on the proposed renaming of the CBD Loop. 2. Statement of 1996 tax levy from the Cumberland County Tax Collector. 3. Update on Seat Belt Survey. 4. Update on Cliffdale Road Interchange. Councilmember Smith reported he had received a letter stating the North Carolina Department of Transportation's finding of no noise barriers at the Cliffdale Road Interchange was a final decision. Councilmember Kendrick stated he had received a letter dated November 1, 1996, from Mr. Lyndo Tipett stating the Department of Transportation had looked at the project and saw no reason to put up any noise barriers except shrubbery. Mr. Kendrick restated his concerns about this issue Councilmember Kendrick moved to send a letter to Dr. Vick to affirm a date for a representative from the North Carolina Department of Transportation to come before the City Council. He requested the citizens of Westwood community be notified of the meeting. Councilmember Smith seconded the motion. Councilmember Torrey inquired as to whether this would be a public hearing. Mayor Pro Tem Blackwell stated he did not think anything was going to make a difference. He believed the North Carolina Department of Transportation had made their final decision. City Manager John Smith stated he felt it would be in order to notify the citizens and let them hear the North Carolina Department of Transportation's presentation, but there could be no further action taken by the City Council. Mayor Pro Tem Blackwell restated the motion to invite North Carolina Department of Transportation personnel to a City Council meeting to discuss the proposal to include specific plans on the Cliffdale Road Interchange for noise abatements and that the Westwood community be invited to the meeting. Mayor Pro Tem Blackwell called for the vote and the motion passed unanimously by a vote of 9 to 0. 5. Human Relations Commission - agenda for November 14, 1996. City Attorney Robert C. Cogswell, Jr. asked the Clerk to correct the court file number in Item 2. I. for the minutes. A discussion was held regarding the minutes of the City County Liaison meeting and the City Council's policy regarding discussion of items at this meeting by Council representatives. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Massey and carried unanimously by a vote of 9 to 0. There being no further business the meeting adjourned at 10:15 p.m. REGULAR MEETING NOVEMBER 18, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 18, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Kai Nelson, Finance Director Steve Blanchard, PWC Manager James Rose, PWC Support Services Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Charles Ritchie, Director of Operation Blessing of Fayetteville, North Carolina, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: On behalf of all persons involved in the Cumberland County Education System, Mayor Dawkins presented Mayor Pro Tem Blackwell with a proclamation proclaiming the week of November 17-23, 1996, as American Education Week. Councilmember Cheek announced that the Cumberland County School System has a community-wide program called "Character Counts" and every month during the school year a different character quality is featured. Councilmember Cheek suggested Council take action to emphasize their support for our school system in this endeavor by placing at the top of each agenda and in the newspaper advertisement the characteristic that is being supported that month. Mayor Dawkins stated he was sure the Council was in unanimous support of that idea and the staff would take care of it. 1. APPROVAL OF AGENDA City Manager John Smith pointed out to Council that an amendment had been sent out for Item 6 and there were actually five contracts to be awarded rather than the one shown in the agenda. Mr. Smith requested to add Item 11, a closed session for the purpose of discussing litigation. Councilmember Smith moved to approve the agenda with the additions and corrections, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Mayor Pro Tem Blackwell requested to pull Items 2.A. and 2.B. and Councilmembers Cheek and Smith requested to pull Item 2.C. Councilmember Cheek moved to approve the consent agenda with the exceptions of 2.A, 2.B., and 2.C. After a second from Councilmember McBryde the consent agenda and following items were unanimously approved. A. (Pulled for discussion) B. (Pulled for discussion) C. (Pulled for discussion) D. Approve Lease Agreement with Bragg Mutual Federal Credit Union for space in City Hall Building. E. Refer to Streets and Roads Committee the following traffic matter: 1. Consideration of ordinance amending Chapter 20, Motor Vehicles and Traffic, Section 20-21, Traffic Schedule 11, Parking Prohibited, for area on Russell Street from Eastern Boulevard to Winslow Street. F. Authorize Mayor to execute Deeds of Subordination and Deeds of Release in Kingdom Community Development Corporation Project (Old Wilmington Road Area). 2.A. Approve minutes of regular meeting of October 21, 1996. Mayor Pro Tem Blackwell requested that on page 343 of the minutes the word "accommodations" be changed to "commendations." Mayor Pro Tem Blackwell moved to approve the minutes, seconded by Councilmember McBryde and carried unanimously 9 to 0. 2.B. Approve minutes of information meeting of October 28, 1996. Councilmember Cheek requested and moved that the probable time schedule be included in Item 2 of the minutes and that a copy of this schedule be provided to each Councilmember. She requested there will be no action taken on these minutes until the next meeting, seconded by Councilmember Massey and carried unanimously by a vote of 9 to 0. 2.C. Approve minutes of regular meeting of November 4, 1996. Councilmember Smith stated that Item 13 needed to have the second to the motion and vote recorded. Councilmember McBryde moved to have the recording of the minutes reviewed and the minutes corrected if necessary, seconded by Councilmember Smith and carried unanimously 9 to 0. Mayor Pro Tem Blackwell requested that Mr. John Hurt's name be changed to John Hood in the appointment section. These minutes will be approved at the next meeting. 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 in the following areas: Assistant City Manager Jimmy Teal presented this item. Councilmember Kendrick asked for clarification on the names of the streets to be included in this action. This is the advertised public hearing set for this date and time. The public hearing opened at 7:19 p.m. There was no one present to speak either in favor or opposition and the public hearing closed at 7:19 p.m. 1. Remington Subdivision AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-036. 2. Scotsdale Subdivision AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-037. Councilmember Kendrick moved to adopt both ordinances, seconded by Councilmember Dempster and carried unanimously 9 to 0. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1996. B. Consideration of adoption of resolutions ordering the paving without petition of the following: (Bond Projects) Mayor Pro Tem Blackwell inquired as to how his being a property owner on Morgan Lane would affect his vote. City Attorney Robert C. Cogswell, Jr. stated he could vote on all the streets except Morgan Lane. City Manager John Smith stated there were two resolutions with one of the resolutions omitting Morgan Lane as recommended by the staff. Mr. Cogswell stated Mayor Pro Tem Blackwell could vote on that resolution if that were the motion. Assistant City Manager Jimmy Teal presented this item. He recommended that the second resolution be approved with the assessment repayment being set for ten (10) years not to exceed twenty (20) years. Mr. Teal recommended that Morgan Lane be left a soil street but for City Council to instruct the staff to come back with a drainage project to eliminate the problem for Claremont Avenue toward Westmont Oaks Development. Mr. Teal stated this project could be done in the early part of 1997. City Manager John Smith asked that the resolution be amended by deleting the phrase "to a rate equal to the rate on the 10-year treasury note" on the last page of the resolution. The rate could be set when the roll was confirmed. This is the advertised public hearing set for this date and time. The public hearing opened at 7:30 p.m. 1. Griffin Street - from Troy Drive to Oxford Street. Mr. Matthew M. Smith, Jr., 3101 Hyman Place, Fayetteville, North Carolina, appeared in opposition. Mr. Smith expressed his concern about the fact that notifications which were mailed did not contain any reference to the taking of private property for completion of this project. He felt the property owners were entitled to know about the property taken. 2. Oxford Street - from Griffin Street to Little Avenue. Mr. Rick Emery, 829 Little Avenue, Fayetteville, North Carolina, spoke in opposition to the paving. Mr. Emery cited the assessment fee and the increase in traffic as the reasons for his opposition. 3. Elba Street - from Rosebud Street to Oxford Street. Mr. Louis Kunasek, 1617 Elba Street, Fayetteville, North Carolina, appeared in favor of the paving of Elba Street. Mr. Kunasek stated the paving would create a safer environment for children, make road and vehicle maintenance better, and help with the maintenance of his home. 4. Rosebud Street - from Griffin Street to Elba Street. There was no one present to speak either in favor or opposition. 5. Abraham Avenue - from Deep Creek Road to Jacob Street (North). There was no one present to speak either in favor or opposition. 6. Jacob Street (North) - from Cade Hill Avenue to Abraham Avenue. There was no one present to speak either in favor or opposition. 7. Jacob Street (South) - from Cade Hill to Noah Avenue. There was no one present to speak either in favor or opposition. 8. Rhone Street - from Deep Creek Road to Dead End. Ms. Mable C. Smith, 1606 Deep Creek Road, Fayetteville, North Carolina, appeared in opposition to the paving of Rhone Street. She opposed the assessments and felt because the street was partially paved it did not need to be paved again. She presented the City Clerk with a petition requesting that the paving not be done. 9. Haigh Street - from Sapona Road to Coburn Street. There was no one present to speak either in favor or opposition. 10. Coburn Street - from Haigh Street to Deep Creek Road. There was no one present to speak either in favor or opposition. 11. Haywood Street - from Deep Creek Road to Cedar Creek Road (Highway #53). There was no one present to speak either in favor or opposition. 12. Morgan Lane - from Park Street northwesterly to the northeast corner Lot 15, Plat Book 80, Page 31, Cumberland County Registry. Mr. Matthew M. Smith, Jr., 3101 Hyman Place, Fayetteville, North Carolina, presented two petitions with the signatures of over 90 percent of the property owners facing Morgan Lane. Mr. Smith requested the area between Park Street and Claremont not be paved or drained. He stated the owners from Claremont to the dead end needed drainage but not paving. He referred a second time to the issue of the taking of private property without notification. Mr. Mason Hicks, 1415 Summit Avenue, Fayetteville, North Carolina, appeared in favor of the drainage project and in opposition to the paving. He requested that the drainage issue be left in the bond project so the problem could be resolved. Mr. James A. Sutherland, 1319 Morgan Lane, Fayetteville, North Carolina, appeared in opposition to the paving. There being no one further to speak either in favor or opposition the public hearing closed at 7:55 p.m. Councilmember McBryde moved to approve the second resolution which left out Morgan Lane and to withdraw Rhone Street and have the staff verify the petition, seconded by Councilmember Kendrick. City Manager John Smith recommended tabling Rhone Street in order to let staff look at the petitions. Councilmember McBryde restated his motion to change the withdrawal of Rhone Street to the tabling of Rhone Street, seconded by Councilmember Kendrick. Councilmember Dempster stated he had a problem with paving Oxford Street if the property owners did not want it. Councilmember McBryde agreed to include Oxford Street in his motion for removal from the paving list. Councilmember Kendrick stated he could not second that motion. Councilmember Dempster seconded the motion. City Attorney Robert C. Cogswell, Jr., stated that to be procedurally correct the motion should be to amend the original motion to take out Oxford Street. Councilmember Dempster moved to amend Councilmember McBryde's motion by adding the deletion of Oxford Street, seconded by Councilmember Ross. A discussion ensued to clarify the areas which would actually be paved and to determine the impact of not paving the streets would have on the drainage in the area. Councilmember Massey requested clarification on the motions. Mr. Cogswell explained the motions and the procedure involved. Councilmember Kendrick addressed the technical aspect of not paving all the streets in regard to the drainage problems and water under the asphalt. Mr. Teal stated he would like to have an assessment made of the area. Councilmember Cheek stated the Council had adopted a policy to have all the streets in Fayetteville paved unless there was an overpowering reason not to do so. She stated that assessments had been made many times when there was an objection from only one or two property owners but the overall street and neighborhood wanted it done. Councilmember Cheek stated she felt to change that policy now would be unfair and she encouraged the Council not to back up on the current policy. Councilmember Smith stated he would support the paving. Mayor Dawkins called for a vote on Councilmember Dempster's amended motion to exclude Oxford Street. The motion failed by a vote of 7 to 2 with Councilmembers Ross and Dempster in favor of the exclusion and the remainder of the Council in opposition. Mayor Dawkins called for a vote on the original motion to adopt the second resolution without Morgan Lane and to table Rhone Street to come back to Council after the petition had been verified. FINAL RESOLUTION REQUIRING THE PAVING WITHOUT A PETITION OF: Griffin Street from Troy Drive to Oxford Street; Oxford Street from Griffin Street to Little Avenue; Elba Street from Rosebud Street to Oxford Street; Rosebud Street from Griffin Street to Elba Street; Abraham Avenue from Deep Creek Road to Jacob Street (North); Jacob Street (North) from Cade Hill Avenue to Abraham Avenue; Jacob Street (South) from Cade Hill Avenue to Noah Avenue; Haigh Street from Sapona Road to Coburn Street; Coburn Street from Haigh Street to Deep Creek Road; Haywood Street from Deep Creek Road to Cedar Creek Road (Highway #53). RESOLUTION NO. R1996-075. The motion carried by a vote of 9 to 0. Councilmember McBryde inquired about the status of the drainage project on Morgan Lane. Mr. Teal recommended using bond funds on the project and moving forward immediately to start the project. Councilmember Cheek requested that the project go all the way down to Westmont Drive and not stop at Westmont Oaks. Mr. Teal stated all the property owners would be notified and another neighborhood meeting would be held. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1996. 4. Consideration of adoption of resolutions for the issues of the following bonds: City Manager John Smith presented this item. Mr. Smith stated the bonds being issued were for streets, drainage, and sidewalk improvements. Councilmember Ross inquired if a tax increase would be needed to pay off these bonds. Mr. Smith stated the taxpayers approved the bond issue knowing there could be a four-cent tax increase. A. Resolution providing for the issuance of $13,800,000 General Obligation Public Improvement Bonds, Series 1996. RESOLUTION PROVIDING FOR THE ISSUANCE OF $13,800,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1996. RESOLUTION NO. R1996-076. Councilmember McBryde moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously 9 to 0. B. Resolution providing for the issuance of $2,770,000 General Obligation Street Improvement Bonds, Series 1996. RESOLUTION PROVIDING FOR THE ISSUANCE OF $2,770,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES 1996. RESOLUTION NO. R1996-077. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember Dempster and carried unanimously 9 to 0. Copies of the foregoing resolutions are on file in the City Clerk's office in Resolution Book R1996. 5. Consideration of award of purchase contract for a Particle Counter System in the amount of $130,040 and Annual Service Agreement in the amount of $18,700 to Hach Company, low bidder. (PWC) Mr. James Rose, PWC, presented this item. Mr. Rose stated this award would allow the monitoring of water quality. Councilmember Torrey moved to award the contract and agreement, seconded by Councilmember Smith and carried unanimously 9 to 0. Bids received were as follows: Service Bidder Equipment Agreement Hach Company (Loveland, CO) $130,040.00 $18,700.00 Met One (Grants Pass, OR) $150,270.08 6. Consideration of approval of bid award for construction of the PWC Operations Center to Ellis-Walker Builders, Inc., Etc.(PWC) Mayor Pro Tem Blackwell moved to award the following five contracts, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. The following contracts were awarded: Total Bid Base Bid Recommended Alternate General Contractor Ellis-Walker Builders, Inc. $6,316,136 $ 94,539 $6,410,675 (Fayetteville, NC) Plumbing Contractor R.J.W. Construction, Inc. $ 322,000 n/a $ 322,000 (Burgaw, NC) Mechanical Contractor Bass Air Conditioning Co.,Inc. $ 794,000 $223,125 $1,017,125 (Fayetteville, NC) Electrical Contractor T & H Electrical Corp. $1,352,691 $ 20,000 $1,372,691 (Wilson, NC) Fire Sprinkler Contractor Cam-Ful Industries, Inc. $ 121,900 n/a $ 121,900 Grand Total $9,244,391 7. Consideration of award of current contract in the amount of $37,300 (includes performance bond) and to award additional buy clauses for future purchase of sand spreaders to North Carolina Equipment Company (Fayetteville, NC) the sole bidder. Councilmember Kendrick moved to award the contract in the amount of $37,244 to include the performance bond and to award the additional buy clauses, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 8. Consideration of approval of Interlocal Agreement with Cumberland County for street naming and numbering services and MPO transportation planning services. Assistant City Manager Jimmy Teal and City Manager John Smith presented this item. They recommended approval of the Interlocal Agreement for the remainder of this fiscal year. Mr. Teal stated the City is currently deficit in its ability to adequately coordinate street naming and addresses because of the lack of experience and resources. Mr. John Smith explained had we remained at the Joint Planning Board we still would have had to pay for this service because the County had decided to charge for it. The cost for 1996-97 will be $44,381.20. The annual projected cost is $65,567.50. City Manager John Smith recommended a study be done to determine whether this service should be contracted out or placed in-house. After a discussion regarding the cost of implementing this agreement, Councilmember Ross moved to approve the Interlocal Agreement and the MPO transport planning services, seconded by Councilmember Cheek and carried by a vote of 7 to 2 with Councilmembers Torrey and Blackwell in opposition. 9. APPOINTMENTS: A. Nominations/elections to fill two vacancies on Fair Housing Board. Mr. John Hood and Mr. Richard Leslie were appointed to their first two-year term which expires in November 1998. B. Nominations to fill one vacancy on Fayetteville Board of Adjustment. No nominations were made. C. Nomination/election to fill one vacancy on Fayetteville Redevelopment Commission. Councilmember Cheek inquired as to whether there was a policy about city employees being on city boards/commissions. City Attorney Robert C. Cogswell, Jr. stated there was no policy on this issue. Patsy O. Brocato was appointed to fill Julia Culbreth's term which expires December 1999. Ms. Culbreth had resigned from this position. D. Nominations to fill one vacancy on Parks and Recreation Advisory Commission. The Parks and Recreation Commission requested that Captain Addison be removed from membership due to his lack of attendance to the meetings. Councilmember Torrey nominated Joyce Malone to fill in for the position of Captain Addison. Councilmember Jim Smith nominated his brother W. David Smith, Jr. 10. ADMINISTRATIVE REPORTS: A. Report on General Obligation Bond presentations. Mayor Pro Tem Blackwell asked to be excused from the November 25, 1996, meeting. Councilmember McBryde moved to excuse Mayor Pro Tem Blackwell, seconded by Councilmember Smith and carried by a vote of 8 to 1 with Councilmember Kendrick in opposition. 11. Executive Session to Discuss Litigation. City Attorney Robert C. Cogswell, Jr. stated the following cases would be discussed in the executive session: 1. J. B. Rouse, Jr. vs. City of Fayetteville, 95 CVS 6516. 2. William C. Freeman, Robert C. Smith, Adrian R. McMillan, Sam Pearson, Lenwood D. McNair, Clarence Peter Ware, Reid A. Ham, Marvin P. Gainey, F. B. Boone vs. The Civil Service Commission of the City of Fayetteville and its members: Harvey Beard, Dr. H.W. Vick, Charles Priest, Ted O. Rhodes, Walker R. Smith and Harvey E. Keater, Chief of Police of the Fayetteville Police Department, Civil Action No. 1000. Councilmember Smith moved to go into executive session to discuss litigation, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. The executive session began at 9:10 p.m. The regular session resumed at 10:10 p.m. City Attorney Robert C. Cogswell, Jr. recommended that J. B. Rouse, Jr. vs. City of Fayetteville be settled in exchange for release of all claims by: 1. Purchasing an easement for the sum of $35,593.73; 2. Acquiring the easement the City is responsible for repairing or replacing the storm drain on the property at 1109 Acorn Street; 3. The City being responsible for removing the house on the easement; 4. J. B. Rouse being permitted to leave the garage on the property where it is located; and 5. J. B. Rouse having enough land left on the property to build another house. Councilmember Smith moved to approve the recommendation made by the City Attorney, seconded by Councilmember McBryde and carried unanimously 9 to 0. INFORMATION ITEMS: 1. Statement of taxes collected for the month of October 1996 from the Cumberland County Tax Collector. 1996 Taxes 332,539.25 1996 Vehicle Taxes 193,451.89 1996 REV 548.40 1996 Vehicle REV 208.38 1996 FVT 24,249.60 1996 Storm Water 39,024.93 1995 Taxes 20,167.75 1995 Vehicle Taxes 26,943.61 1995 REVIT 468.66 1995 Vehicle REVIT 6.71 1995 FVT 3,870.68 1995 Storm Water 3,029.09 1994 Taxes 5,513.35 1994 Vehicle Taxes 545.50 1994 REVIT 105.94 1994 Vehicle REVIT 0.00 1994 FVT 125.14 1993 Taxes 2,994.82 1993 Vehicle Taxes 292.28 1993 REVIT 157.48 1993 Vehicle REVIT 0.00 1993 FVT 53.75 1992 And prior Taxes 2,239.87 1992 And prior FVT 28.26 1992 And prior REVIT 100.34 Interest 6,481.46 Interest (REVIT) 111.25 Interest (Storm Water) 277.77 Fayetteville Discount 173.98 REVIT. Discount 0.00 Total Collections 663,710.14 2. Update on presentation from DOT on Cliffdale Interchange noise abatement. The meeting was set for January 27, 1997. 3. Report on Railroad Preemption Signals. 4. Planning Commission - minutes of October 15, 1996. 5. Police Department: Professional Standards monthly report for October 1996. 6. Police Department: Quarterly report information for period ending October 31, 1996. 7. Airport Commission - minutes of September 24, 1996. 8. FACVB - minutes of October 10, 1996. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Smith and carried unanimously 9 to 0. There being no further business the meeting adjourned at 10:11 p.m. INFORMATION MEETING NOVEMBER 25, 1996 FAYETTEVILLE CITY COUNCIL INFORMATION MEETING CITY HALL COUNCIL CHAMBER NOVEMBER 25, 1996 Present: Mayor J. L. Dawkins Councilmembers Milo McBryde; Chris Dempster; Jim Smith; Ida Ross; Robert A. Massey, Jr.; Thelbert Torrey; Suzan Cheek; Mark Kendrick Absent: Councilmember J. Breeden Blackwell (excused at previous meeting) Airport Commission Members present: Adam Beyah, Chair; Dr. Dudley Miller; Charlie Harrell; Ed Banta; Dick Fox; Hank Debnam Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Robert C. Cogswell, Jr., City Attorney Brad Whited, Airport Director Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE Mayor Dawkins called the meeting to order and recognized Assistant City Manager Ben Brown for the invocation. Mayor Dawkins then led in the Pledge of Allegiance to the American Flag. RECOGNITION: Councilmember Milo McBryde was joined by the rest of the Council in wishing the Mayor a happy birthday today. 1. APPROVAL OF AGENDA Upon motion by Councilmember Kendrick, seconded by Councilmember Dempster, Council voted unanimously to approve the agenda. 2. Consideration of reconveyance of easement to Highland Centre pursuant to N.C.G.S. 153A-177 and acceptance of easement from Highland Centre. Upon motion by Councilmember McBryde, seconded by Councilmember Smith, Council voted unanimously to reconvey an easement to Highland Centre pursuant to N.C.G.S. 153A-177 and acceptance of easement from Highland Centre. This action was upon the recommendation of the City Attorney. 3. Joint Meeting with Fayetteville Airport Commission. Mayor Dawkins then recognized the Chair of the Fayetteville Airport Commission, Adam Beyah, to begin the joint meeting between the City Council and the Commission. Mr. Beyah and Brad Whited, Airport Director, referred to the information provided to the Council and asked if there were items the Council wished to discuss. Items for discussion included the activities of the Blue Ribbon Panel ,the efforts to get people to use the Airport, further comparison with other Airports, involvement of Travel Agents in marketing the Airport, the development of the Fire Training Facility, and the proposed budget for the development of T-Hangars for General Aviation to be subsidized by an appropriation of $20,000 from the General Fund. Upon motion by Councilmember Cheek, seconded by Councilmember Torrey, Council voted unanimously to authorize the City Manager and Airport Director to proceed with the T-Hangar plan. INFORMATION 1. Information on election process; redistricting plans. Councilmember Cheek asked that redistricting and the election process be placed on the Agenda for the next regular Council meeting. Upon motion by Councilmember McBryde, seconded by Councilmember Smith, Council voted unanimously to adjourn at 8:25 p.m. REGULAR MEETING DECEMBER 2, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER DECEMBER 2, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Milo McBryde (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Craig Hampton, Administrative Services Director Ron Hansen, Chief of Police Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Rev. Haywood A. Smith, Pastor, St. Andrews United Methodist Church, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. RECOGNITION: Mr. and Mrs. Ed Melvin were introduced by Mayor Dawkins. Mr. Melvin had recently been elected to the Cumberland County Board of Commissioners. Mayor Dawkins expressed his condolences to the family of Charlotte L. Broadwell. Mayor Dawkins stated that every day of her life Mrs. Broadwell had helped someone. 1. APPROVAL OF AGENDA City Manager John Smith requested to delete Items 5 and 8 from the agenda. These Items will be placed on the December 16, 1996, agenda. Mr. Smith requested to add Item 2.I, a request for public hearing on an annexation petition, to the consent agenda. Councilmember Cheek requested to add Item 18, teenage curfew, seconded by Councilmember Massey. A discussion ensued regarding the Council meeting with the City Police Department prior to meeting with the Commissioners. Councilmember Kendrick moved to delete Items 5 and 8 from the agenda and to add Item 2.I, seconded by Councilmember Torrey. A discussion ensued regarding Items 11 and 12. Councilmember Cheek moved to amend Mr. Kendrick's motion to add Item 18, seconded by Councilmember Massey. The vote on the amended motion carried unanimously by 9 to 0. The original motion as amended was approved by a unanimous vote of 9 to 0. Councilmember Kendrick moved to set Items 11 and 12 as public hearings on December 16, 1996, seconded by Councilmember Smith. Councilmember Ross and Mayor Pro Tem Blackwell expressed their opposition to the motion. The motion was approved by a vote of 7 to 2 with Councilmember Ross and Councilmember Blackwell in opposition. 2. CONSENT: Councilmember Kendrick moved to approve the consent agenda, seconded by Councilmember Cheek. The consent agenda and following items were unanimously approved by a vote of 9 to 0. A. Approve corrected minutes of information meeting of October 28, 1996. B. Approve corrected minutes of regular meeting of November 4, 1996. C. Approve minutes of regular meeting of November 18, 1996. D. Approve tax refunds over $100. Taxpayer's Name Nature of Clerical Error Amount Pitney Bowes Adjust value, meter equipment failed $2,289.40 to be depreciated correctly Associated Motels Inc. Telephone equipment was listed at $179.62 buy out cost on bill 4091335 and also assessed on this bill in error Butler Group Inc T/A Adjust value per the amended $190.15 Dolcis #556 statement received Scholz Construction Co Corrected cost figures on business $247.69 of Fayetteville listing to remove certain leasehold IMPS as charged to R/E. Furnished dep schedule FASCO Industries Inc. Overstated machinery and equipment $1,944.90 figures per the audit Northside Chiropractic Listed some leasehold IMPS as pers. $243.79 Clinic Should be on real estate per audit done. Also some items split out on correct schedules E. Approve the following Finance matters: 1. Consideration of Adoption of Capital Project Ordinance 9702 (State Airfield Improvements FY97). The City has received funding in the amount of $200,000 under the Aviation Element of the 1997 State Transportation Improvement Program. The program requires a match in the amount of $200,000 from the Airport. The local match is available in the Airport budget and is comprised of a portion of the current year's capital transfer, reimbursements from FAA and NCDOT for prior capital expenses and interest earned. The grant will be used to reimburse the Airport for 1995-96 capital equipment purchases ($152,624) and general aviation ramp improvements ($247,376). 2. Consideration of Adoption of Budget Ordinance Amendment 97-2 (FY 1996 Capital Leases). This amendment appropriates $718,938 in capital lease proceeds to purchase equipment contained in the FY 1996 budget. The equipment was ordered in FY 1996 but not received until FY 1997. The capital lease agreement was authorized during fiscal year 1996. 3. Consideration of Adoption of Capital Project Ordinance Partial Closeout 97-1 (Police Administration Building). This project was established in August 1992 to fund construction of the Police Administrative Building. In July 1996, installment revenue bonds were issued by the City of Fayetteville Finance Corporation Fund to fund the project. A new project budget will be established in the City's Finance Corporation to reflect installment revenue bond proceeds and construction of the building. This action is necessary to close the existing project budget. 4. Consideration of Adoption of Budget Ordinance Amendment 97-3 (City Hall Refunding). This amendment appropriates $6,299,049 to refund the City Hall certificates of participation. The source of funding for this amendment is a transfer from the Finance Corporation Fund ($5,555,846) and a fund balance appropriation ($743,203) which represents the prior certificate's debt service reserve fund. 5. Consideration of Adoption of Capital Project Ordinance Amendment 97-6 (Parking and Demolition Improvements). This amendment appropriates $47,643 in General Fund transfers which were funded in FY 1996. The amount represents the difference between the General Fund budget for code enforcement contracted activities (demolitions, lot cleanings, abandoned vehicles, etc.) and the amount actually spent in the General Fund for these activities. The annual balance is transferred to this reserve fund for major demolition activities. The balance in this fund following this appropriation will be $126,000. F. Adopt resolution declaring City owned property (Police Department rifle with accessories) surplus and authorizing disposal via private sale method. A RESOLUTION DECLARING CITY OWNED PERSONAL PROPERTY SURPLUS AND AUTHORIZING DISPOSAL VIA PRIVATE NEGOTIATION AND SALE ALLOWED BY N.C.G.S. 160A-266 & 160A-267. RESOLUTION NO. R1996-078. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1996. G. Approve the rezoning from R10 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located south of Boone Trail Extension and west of Colgate Road. Containing 3.36 acres more or less and being the property of Frank P. Stout, as evidenced by deed recorded in Deed Book 3571 Page 699, Cumberland County Registry. (P96-119F) H. Approve the rezoning from R10 Residential District to P1 Professional District or to a more restrictive zoning classification for an area located at 2743 Legion Road. Containing 21.54 acres more or less and being the property of the Carrolton of Fayetteville, Inc., as evidenced by deed recorded in Deed Book 3792, Page 297, Cumberland County Registry. (P96-123F) I. Adopt resolution setting a date for a public hearing for an annexation petition. 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 GYPSUM MANAGEMENT AND SUPPLY, INC.(FUTURE SITE OF COLONIAL MATERIALS, INC.) LOCATED ON SOUTHERN SIDE OF BELT BOULEVARD.] RESOLUTION NO. R1996-079. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1996. 3. PUBLIC HEARINGS: A. Consideration of revisions and amendments to Chapter 27, Article I, Section 27-3(a)(4) of the Fayetteville City Code, Subdivisions, to refer zoning variances to the Board of Adjustment rather than the Planning Commission. Assistant City Manager Jimmy Teal presented this item. He recommended the adoption of the ordinance as recommended by the City Planning Commission. This is the 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 7:27 p.m. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO CONSIDER REVISION AND AMENDMENTS, CHAPTER 27, SUBDIVISIONS ARTICLE I, SECTION 27-3(a)(4) TO BE DELETED IN ITS ENTIRETY AND SUBSTITUTED WITH PROVISIONS TO HAVE BOARD OF ADJUSTMENT TO HEAR C1P ZONING VARIANCE. ORDINANCE NO. S1996-024. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Dempster and carried unanimously by a vote of 9 to 0. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1996. 4. Consideration of adoption of resolution ordering the paving without petition of Rhone street from Deep Creek Road to Dead End. Assistant City Manager Jimmy Teal presented this item which had been tabled from the November 18, 1996, meeting. He reported that in view of the fact that Rhone Street is a paved road, that nearly half of the property owners oppose the assessment to reconstruct the street, and that resurfacing rather than reconstruction would be a net savings of $50,000, the staff recommendation was to not reconstruct Rhone Street, but to evaluate Rhone Street as part of the annual resurfacing program and determine if Rhone Street should be recommended for paving on the next contract. No action was required by the Council. 5. Consideration of request to address City Council from Leon A. Goldstein. This item was removed from the agenda to be placed on the December 16, 1996, meeting. 6. Consideration of request to address City Council from Ronald Stufflet. Mr. Ronald Stufflet addressed the Council and asked for their support in providing public transportation to Fort Bragg in order that the homeless citizens of Cumberland County could find employment. A discussion was held and City Manager John Smith stated the City was working with the County on a county-wide survey of the transportation system. Councilmember Kendrick encouraged Mr. Stufflet to work with the County Commissioners by doing a petition for support of their project. Councilmembers recommended that Mr. Stufflet talk with Mr. Jerome Brown, Director of the Fayetteville Area System of Transit. 7. Consideration of request to address City Council from Clinton Harris. Mr. Clinton Harris addressed the Council regarding the need for sidewalks in the City of Fayetteville. Mr. Harris asked that no permits be issued for building without provisions for sidewalks being made. 8. Consideration of appeal of order of demolition for property located at 5130 Raeford Road. (Owner: Robert Dail, LaFayette Land Corp.) This item was removed from the agenda to be placed on the December 16, 1996, agenda. 9. Consideration of request from residents of East and West Orange Street. (Appearing: Ethel Bacoat) Ms. Ethel Bacoat did not appear to address the Council regarding this matter. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS-038. After discussion regarding the parking situation, Councilmember Torrey moved to rescind the no-parking ordinance, Ordinance No. NS1996-034, to be effective immediately, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. Councilmember Torrey inquired into the possibility of rescinding the fines for all tickets that had been issued in this area. An in-depth conversation regarding this matter was held with a consensus of opinion that a precedent could be set which could create major problems in the enforcement of valid fines. City Attorney Robert Cogswell stated he would need to do some research before Council action could be taken on this matter. Councilmember Massey and Councilmember Dempster requested that statistics be prepared on the number of tickets issued, the number of tickets paid, and the number of tickets unpaid. After further discussion regarding the extension of time for the payment of the fines and the motorcycle problem in the neighborhood, it was decided that no report would be necessary. Mayor Dawkins stated it was his opinion that the majority of the Council agreed that no report would be necessary. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1996. 10. Consideration of the following Finance matters: City Manager John Smith presented this item. A. Consideration of adoption of Budget Ordinance Amendment 97-4 (RCF Stump Grinder). This amendment appropriates $26,778 from General Fund fund balance for the purchase of a stump grinder. This equipment will provide the City with the capability of grinding tree stumps as the City continues its clean-up efforts following hurricane Fran. B. Consideration of award of contract for purchase of one Vermeer 1102 Stump Grinder to Vermeer Carolinas, Inc., (Garner, NC) in the amount of $26,777.65, lowest responsible bidder meeting specifications and delivery requirements. Mayor Pro Tem Blackwell moved to approve Item A and award the contract to Vermeer Carolinas, Inc., seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. Bids received were as follows: Vermeer Carolinas, Inc. (Garner, NC) $26,777.65 Ditch Witch of NC, Inc. (Raleigh, NC) $27,962.94 11. Consideration of the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 103 Willborough Avenue. Containing .073 acres more or less and being the property of Tire World of Fayetteville, Inc., as evidenced by deed recorded in Deed Book 3611, Page 721, Cumberland County Registry. (P96-116F) A public hearing was set for December 16, 1996, on the motion of Councilmember Kendrick, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 12. Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 2280 McGill Road. Containing .36 acres more or less and being the property of Harold B. McRainey as evidenced by deed recorded in Deed Book 4431, Page 356, Cumberland County Registry. (P96-117F) A public hearing was set for December 16, 1996, on the motion of Councilmember Kendrick, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. 13. Report from Policy Committee. A. Discussion of assessment payments. (Policy No. 105.5) Councilmember McBryde, Chairman of the Policy Committee, presented this item and recommended no change be made to the policy at this time. Council discussed the pros and cons of extending the payback time to 20 years. There was a consensus of opinion that this was an issue that required an in-depth Council discussion with emphasis being placed on the assessment procedure, the billing procedure, the cost effectiveness, the out-of-pocket expenses, and the possibility of an increase in the amount of the assessments per foot. Councilmember Massey moved that staff provide detailed information on all types of assessments and set up an information meeting to present the material, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. No change was made to Policy No. 105.5, Assessment Payments (12/7/92). Councilmember Cheek requested that a recording be made of the presentation for public viewing. B. Discussion of zoning requests. (Policy No. 165.3) Councilmember McBryde presented this item. A discussion was held. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE AMENDING SECTION 2-3, ORDER OF BUSINESS; AGENDA, OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. ORDINANCE NO. S1996-025. Councilmember Kendrick moved to adopt the ordinance and to revise Policy No. 165.3, Zoning Request, seconded by Councilmember Torrey and carried by a unanimous vote of 9 to 0. The revised City Council Policy No. 165.3 is as follows: POLICY REZONING REQUESTS Once a public hearing on a rezoning request has been heard by the Zoning Commission, such request may not be withdrawn and will be considered by the City Council. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book S1996. C. Discussion of acceptance of private streets for maintenance. (Policy No. 160.6) Councilmember McBryde presented this item. He recommended the revision of the policy. Councilmember Kendrick moved to revise City Council Policy No. 160.6, acceptance of Private Streets for City Maintenance, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. The revised City Council Policy No. 160.6 is as follows: CITY COUNCIL POLICY ON ACCEPTANCE OF PRIVATE STREETS FOR CITY MAINTENANCE 1. It shall be the policy of the City Council of the City of Fayetteville upon the petition of all adjoining 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 the street meets DOT construction and right-of-way standards, the City may accept maintenance of the street upon the petition of all adjoining property owners. D. Discussion of emergency communication procedure between administrative staff and City Council. Councilmember McBryde presented this item. He reported the staff proposed to give Councilmembers a telephone number that will put them directly in touch with the supervisor on duty in the Communications Center. Such a supervisor is available 24 hours per day. This number should be used by Councilmembers only and not given to others. When the Councilmember calls this number, the Communications supervisor will address the problem appropriately or refer the call to another appropriate supervisor in the City such as the Watch Commander in the Police Department, a Battalion Commander in the Fire Department, Street Maintenance supervisor or others on stand-by. If the situation requires more senior management attention, the call will be referred to Chief Piner or Deputy City Manager Roger Stancil. If one of them is not going to be available, that task will be assigned to another member of the management team. No Council action was required. E. Discussion of voice mail, pager system, communication system for City Council. A discussion was held by Council regarding their communication needs. Councilmembers Cheek and Dempster requested more information on a voice mail system with a pager. Mayor Pro Tem Blackwell requested that Ms. Terrie Hutaff send a report to each Councilmember of the options available and then each Councilmember could set out their personal preference as to the type system they wanted. No other action was taken at this time. F. Discussion of boards and commissions: terms, structure and membership requirements. (Policy No: 110.1 and 110.2) Councilmember McBryde, Chairman, presented this item. He recommended the revision of Policy No. 110.2 by removing term limits. Councilmember Smith moved to Adopt Policy No. 110.2, Appointments to Boards and Commissions, seconded by Councilmember McBryde. A discussion was held regarding the pros and cons of the removal of term limits. Mayor Dawkins called for the vote and the motion carried by a vote of 5 to 4 with Mayor Pro Tem Blackwell, Councilmembers Dempster, Massey, and Cheek opposed. Policy No. 110.2, Appointments to Boards and Commissions, was revised as follows: POLICY CONCERNING APPOINTMENTS TO BOARDS AND COMMISSIONS It shall be the policy of the City Council of the City of Fayetteville that unless regulated by a general statute, ordinance, interlocal agreement, or other enabling legislation or charter, no appointment of the City Council to any board or commission shall be for a period greater than two (2) years. 14. Report from Buildings and Properties Committee. A. Review of conceptual plan for Police Training Center addition. Councilmember Smith, Chairman, presented this item. He recommended authorizing the architect to proceed with the design development. Mayor Pro Tem Blackwell moved to follow Councilmember Smith's recommendation, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. 15. Report from Streets and Roads Committee. Councilmember Kendrick presented the following items: A. Discussion of speed limit on McPherson Church Road. No action was taken on this item. B. Discussion of Temple Avenue ingress and egress. Mayor Pro Tem Blackwell moved to accept Drexel Road and construct a gravel street to provide additional access, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. C. Discussion of traffic calming project on Fargo Drive. Mr. Kumar Neppalli, Transportation Planner, reported on this item. He recommended proceeding with the pilot project. Mayor Pro Tem Blackwell moved to proceed with the pilot program and report back in three months, seconded by Councilmember Torrey and carried unanimously by a vote of 9 to 0. D. Discussion of ordinance stop signs for various locations. Councilmember Kendrick presented this item. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS-039. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS-040. Mayor Pro Tem Blackwell moved to approve the stop signs at the various locations, seconded by Councilmember McBryde and carried unanimously by a vote of 9 to 0. E. Discussion of speed limit change from 35 mph to 45 mph on Bonanza Drive. Councilmember Kendrick stated the North Carolina Department of Transportation had requested this increase in the speed limit from 35 mph to 45 mph. He recommended approving their request. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS-041. Mayor Pro Tem Blackwell moved to increase the speed limit from 35 mph to 45 mph, seconded by Councilmember Torrey and carried unanimously by a vote of 9 to 0. F. Discussion of speed limit change from 35 mph to 45 mph on Gillespie Street. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS-042. Councilmember McBryde moved to increase the speed limit from 35 mph to 45 mph on Gillespie Street beginning at the A&R track heading outbound from downtown to the City limit line, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 9 to 0. Copies of the foregoing ordinances are on file in the City Clerk's office in Ordinance Book NS1996. G. Discussion of no parking on Russell Street from Eastern Boulevard to Winslow Street. A discussion was held regarding the impact this action would have on the businesses in the area and the one residence. Councilmember Smith stated he would like to have an agreement with the North Carolina Department of Transportation in writing. No action was taken. The staff will come back to the Council with a report on the issues discussed. 16. APPOINTMENTS: A. Nominations needed to fill one vacancy on Fayetteville Board of Adjustment. No nominations were made. B. Nominations needed to fill seven vacancies on Fayetteville Appearance Commission. The following nominations were made: a. J. M. (Jimmy) Kizer, Jr. - nominated for reappointment by Mayor Pro Tem Blackwell b. Gordon Johnson - nominated for reappointment by Councilmember Kendrick. c. Margaret Hedgecoe - nominated for reappointment by Councilmember McBryde. d. Paul Lawing - nominated for reappointment by Mayor Pro Tem Blackwell. e. Alph R. Clark, Jr. - nominated for reappointment by Mayor Pro Tem Blackwell. f. William Pierce - nominated for reappointment by Mayor Pro Tem Blackwell. g. Chalmers McDougald - nominated for reappointment by Mayor Pro Tem Blackwell. h. Marilyn Britt - nominated for a first term by Councilmember Smith. i. Bob Lawson - nominated for a first term by Councilmember Smith. j. Judith Kirchman - nominated for a first term by Councilmember Cheek. Mayor Pro Tem Blackwell moved to follow the recommendation of the chairman of the Appearance Commission to remove Mr. Alvin Marshall from the Commission due to lack of attendance, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. A discussion ensued regarding the Council's attendance policy for boards and commissions. Councilmember Cheek moved to send the problem of lack of attendance to the Policy Committee, seconded by Councilmember Smith who asked that clarification be made on whether a member wanted to serve a second term. The discussion continued at this time. Mayor Pro Tem Blackwell made a substitute motion to delay any action on the Fayetteville Appearance Commission until the issue of attendance could be clarified, seconded by Councilmember Kendrick and carried unanimously by a vote of 9 to 0. After a lengthy discussion, it was decided that the chairman of each board and commission would be sent a copy of the policy and be asked to implement that policy immediately. Councilmember Massey requested information on all the reasons a person could be removed from boards/commissions. Councilmember Cheek requested that information on attendance be given two weeks ahead of the nominations. At this point Mayor Dawkins declared a five-minute recess. C. Nominations/election of nominee to fill one vacancy on Parks and Recreation Advisory Commission. Mr. W. David Smith, Jr. was appointed to fill in Capt. Jeffrey Addison's term which expires October 1997. D. Nominations/election of nominees to fill two vacancies on Personnel Review Board. The following nominations were made for reappointment: a. Marcia A. Covell b. David R. Williford 17. ADMINISTRATIVE REPORTS: A. Discussion of redistricting/election process. City Attorney Robert Cogswell presented this item. A discussion was held on the time frame involved in the redistricting/election process. Councilmember McBryde moved to set a special meeting for further discussion on January 13, 1996, at 7:00 p.m., in the City Council Chamber, seconded by Councilmember Smith and carried unanimously by a vote of 9 to 0. Councilmember Cheek moved to tape and broadcast this meeting for public information purposes, seconded by Councilmember Massey and carried unanimously 9 to 0. 18. County Teenage Curfew Councilmember Cheek moved to have the City Council meet with the County Commissioners to discuss the teenage curfew and its effects on the law enforcement needs county wide, seconded by Mayor Pro Tem Blackwell. Councilmember Massey requested that the staff get a tape and/or transcript of the public hearing to be held by the County on the curfew on January 9, 1996. After discussion it was determined that Council would meet with the City Police Department prior to meeting with the County Commissioners. City Manager John Smith stated he could work with Mr. Strassenburg on a meeting date if the motion passed. Mayor Dawkins called for the vote on the motion and it carried unanimously by a vote of 9 to 0. INFORMATION ON PUBLIC HEARINGS SET: DECEMBER 16, 1996: Consideration of request for reduction of speed limit on Pearl Street from Fort Bragg Road to Belvedere Avenue. INFORMATION ITEMS: 1. Report of tax refunds less than $100. Taxpayer's Name Nature of Clerical Error Amount Carter, Paul Edward Correct assessed value, applied $12.24 condition code of K per the Nada book Cohen, Howard Irving Illegal Tax: Military Non-Resident. $27.02 LES on file. NJ-indef. Gorton, Mark John Illegal Tax: Military Non-Resident. $43.12 LES on file. AR-indef. Hall, Deborah Ann Illegal Tax: Military Non-Resident. $75.47 LES on file. IL-6/6/99 Harger Company, Inc. Correct assessed value per the $26.65 T/A Baskin Robbins amended statement received Liebl, Richard Blair & Illegal Tax: Military Non-Resident. $38.80 Susan Mareanne LES on file for Richard. FL-indef. Parrot, Billy D Fire damage (Fire report dtd 4-2-95) $54.02 Rome, Keith Allen Illegal Tax: Military Non-Resident. $20.87 LES on file. MI-9/8/00 Wood, Elizabeth Ann Illegal Tax: Military Non-Resident. $58.42 LES on file. WV-1/26/97 2. Update on traffic signal at entrance to Kinwood Subdivision and at Levy/Robeson. 3. Report on street markings for multi-stop intersections. 4. Update on Eufaula Street Study. 5. Copy of notice to Chamber Members. 6. Airport Commission - minutes of October 29, 1996. 7. Recreation and Parks Advisory Commission - minutes of October 28, 1996. Councilmember McBryde moved to adjourn the meeting, seconded by Councilmember Kendrick and carried unanimously 9 to 0. The meeting adjourned at 10:52 p.m. REGULAR MEETING DECEMBER 16, 1996 FAYETTEVILLE CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBER DECEMBER 16, 1996 7:00 P.M. Present: Mayor J. L. Dawkins Councilmembers J. Breeden Blackwell (at-large); Chris Dempster (at-large); Jim Smith (District 1); Ida Ross (District 2); Robert A. Massey, Jr. (District 3); Thelbert Torrey (District 4); Suzan Cheek (District 5); Mark Kendrick (District 6) Absent: Councilmember Milo McBryde (at-large) - excused Others Present: John P. Smith, City Manager Roger L. Stancil, Deputy City Manager Ben Brown, Assistant City Manager Jimmy Teal, Assistant City Manager Robert C. Cogswell, Jr., City Attorney Karen Musgrave, Assistant City Attorney Janet Jones, City Clerk Jason Brady, Public Information Officer Frank Simpson, Inspections Director Cecil Combs, Inspector Ron Hansen, Chief of Police Mick Noland, PWC Members of the Press (Numbers at the beginning of each item correspond with the meeting agenda and are included for reference purposes.) INVOCATION - PLEDGE OF ALLEGIANCE The Invocation was offered by Elder R.F. Elliott, Downtown Outreach Center for Men, 333 Hay Street, Fayetteville, North Carolina, followed by the Mayor leading in the Pledge of Allegiance to the American Flag. Mayor Dawkins presented Elder Elliott with a City pin. RECOGNITION: Councilmember Smith moved to excuse Councilmember McBryde seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. Mayor Dawkins expressed condolences to the families of Herbert H. Thorp, Attorney, and Charles D. Rose, Jr., a former Mayor of Fayetteville. 1. APPROVAL OF AGENDA City Manager John Smith presented this item. He requested to pull Item 2.B and add Item 4.B, Mr. Leonard Goldstein who had requested to speak regarding animal control. Mayor Dawkins stated that Councilmember McBryde had requested that Item 7 be removed from the agenda until the next meeting. Councilmember Torrey moved to approve the agenda with the deletion of Items 2.B and 7 and the addition of Item 4.B, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. 2. CONSENT: Mayor Dawkins presented the consent agenda and asked if any item should be removed before calling for action. Councilmember Cheek moved to approve the agenda, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. A. Approve minutes of information meeting of November 25, 1996. B. Approve minutes of regular meeting of December 2, 1996. This item was pulled from the agenda. C. Approve revision to contract with Allen-Kimley for drainage and street designs in regards to various bond projects. A designation of $157,000 which was made to the firm of Moorman, Kizer & Reitzel for the East Fayetteville streets has not been expended. Due to scheduling concerns, it was mutually agreed Moorman, Kizer & Reitzel and the City would not proceed with the contract. Cardinal Circle and Robin Street were farmed out to Allen-Kimley & Associates and the remaining streets were designed by the Civil Engineering Division. The total design cost for Cardinal Circle and Robin Street by Allen-Kimley & Associates was $34,341.42. This leaves a balance of $122,658.58 that was recommended be transferred as part of the $250,000 change order. The actual increase of money allocated would be $127,341.42. The work associated with this change order by Allen-Kimley & Associates is drainage design to Russell Street and Williams Street in the downtown area. In addition, there is needed drainage work on Hinsdale and Devane Street which will require survey and design work. The street work involves design improvements of Distribution Drive and Law Road. In addition there are approximately 20 other soil streets and the Legend Avenue/Sycamore Dairy Road improvement project that will require design and survey work before they can be improved. D. Approve award of purchase contract for three Transit coaches per buy clause approved by Council on February 20, 1996, in the amount of $239,450 to Nova Bus, Inc. E. 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. Future Section 3 of Greystone Farms. (Recommended public hearing date: January 6, 1997.) 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 (GREYSTONE FARMS, PROPOSED SECTION 3. SUBMITTED BY BROADWELL-WEBER INVESTMENTS.) RESOLUTION NO. R1996-080. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1996. F. Adopt Capital Project Ordinance Amendment 97-6 (Domestic Violence Team Program). The Governor's Crime Commission has awarded the Fayetteville Police Department an $87,358 grant in connection with the Violence Against Women Act. The City will match $29,119 in-kind services and equipment. This project will be a collaborative effort among the Fayetteville Police Department, Cumberland County District Attorney's Office, Chief District Court Judge's Office and the Care Center for Domestic Violence. G. Approve award of contract for purchase of one cab and chassis with aerial lift to LaFayette Ford, low bidder in the amount of $80,304.00. (PWC) Bids received were as follows: LaFayette Ford (Fayetteville, NC) $80,304.00 Patrick Ford (Fayetteville, NC) $80,385.00 Simon-Telelect (Glen Allen, VA) $82,942.00 Altec Industries (Birmingham, AL) $84,487.00 Bleecker (Red Springs, NC)(Cab & Chassis, only) $39,950.00 H. Approval of License Agreement with Bell South Carolinas PCS to install, maintain and operate communications equipment on the Wilson Street Water Tower.(PWC) I. Approve bid award for purchase of one primary cable fault locator to The VON Corporation, sole bidder, in the amount of $20,534.85. (PWC) 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 Pearl Street from Fort Bragg to Belvedere Avenue. 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 7:15 p.m. Mr. W. McCantaney, 310 Pearl Street, Fayetteville, North Carolina, appeared in favor of the speed reduction. There was no one present to speak in opposition. The public hearing closed at 7:22 p.m. AN ORDINANCE AMENDING CHAPTER 20, MOTOR VEHICLES AND TRAFFIC OF THE CITY OF FAYETTEVILLE CODE OF ORDINANCES. ORDINANCE NO. NS1996-043. Councilmember Cheek moved to adopt the ordinance, seconded by Councilmember Ross and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. The ordinance will be effective December 27, 1996. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1996. B. Consideration of adoption of an ordinance to extend the corporate limits of the City of Fayetteville. (Petition-initiated contiguous annexation area.) Property of Gypsum Management and Supply, Inc. Future site of Colonial Materials, Inc., Building Supply Store. Located on southern side of Belt Boulevard. Deputy City Manager Roger Stancil 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 7:28 p.m. AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA. [PROPERTY OF GYPSUM MANAGEMENT AND SUPPLY, INC. (FUTURE SITE OF COLONIAL MATERIALS, INC.) LOCATED ON SOUTHERN SIDE OF BELT BOULEVARD.] ANNEXATION ORDINANCE NO. 96-12-415. Councilmember Kendrick moved to adopt the ordinance, seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. The ordinance will be effective on December 16, 1996. A copy of the foregoing ordinance is on file in the City Clerk's office in Annexation Ordinance Book 1996. C. Consideration of establishment of the number of Certificates of Convenience and Necessity for taxicabs operating within the City of Fayetteville. Taxi Inspector Cecil Combs presented this item. He recommended the number of certificates for 1997 be reduced to 108. 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 7:29 p.m. Councilmember Massey moved to reduce the number of certificates to 108 for 1997, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. D. (P96-71) Consideration of the rezoning from R10 Residential District to R5 Residential District or to a more restrictive zoning classification for an area located on the east side of Cain Road, south of Woodbine Avenue. Containing 4.29 acres more or less and being the property of Kenneth W. Hardin as evidenced by deeds recorded in Deed Book 3894, Page 158, and Deed Book 4362, Page 267, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. He recommended denial of the R5 zoning and approval of the R6 zoning. This is the advertised public hearing set for this date and time. Following discussion by Council, the public hearing opened at 7:37 p.m. Mr. Kenneth Hardin, 1014 Cain Road, Fayetteville, North Carolina, appeared in favor of the rezoning. Mr. Henry J. Baran, 2122 Spruce Street, Fayetteville, North Carolina, appeared in opposition. There being no one further to speak in either opposition or favor, the public hearing closed at 7:50 p.m. Councilmember Cheek moved to deny the rezoning, seconded by Councilmember Dempster and carried by a vote of 7 to 1 with Councilmember Ross in opposition and Councilmember McBryde absent. E. (P96-115F) Consideration of an application by Colonial Radio Group, 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 radio tower in an M2 Industrial District for an area located south of Neville Street and east of North Street. Containing 4.49 acres more or less and being the property of Colonial Radio Group, Inc., as evidenced by deed recorded in Deed Book 4428, Page 516, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. Mr. Teal recommended approval of the Special Use Permit and stated this was the recommendation of both the Appearance Commission and the Zoning Commission. City Attorney Robert Cogswell stated the applicant had met all requirements for granting a Special Use Permit and the Council must decide if the use would fit with the character of the area and not be detrimental to the surrounding neighborhoods. This is the advertised public hearing set for this date and time. The public hearing opened at 7:59 p.m. Appearing on behalf of Colonial Radio Group, Inc. (WFAI), was Mr. Douglas Barfield, Attorney, 101 Stokes Court, Fayetteville, North Carolina. Mr. Barfield was sworn in and stated there had been an existing tower in this location for approximately 30 years and his clients were asking to place a new tower 1,400 feet from the existing tower. He stated that all FAA regulations had been met and they were in compliance with the Fayetteville City Code. He also stated the Safety Consultant had submitted a written report stating the radiation output was .7 percent and well within the FAA regulations. The following persons appeared in opposition to the tower. Pastor Theodora McLaughlin, 4640 Ashton Road, Fayetteville, North Carolina, was sworn in and expressed her concerns about the radiation health hazards. Ms. Pamela Tucker, 1863 Baywood Road, Fayetteville, North Carolina, was sworn in and stated her concerns were land depreciation and interference with appliances, radios and TV's. After being sworn in Bishop Jake McLaughlin, Holy Mission Church, 311 Neville Street, Fayetteville, North Carolina, expressed his concern about the electrical interference which might be created by the new tower. Minister Eronomy Muhammad, 1207-D Murchison Road, Fayetteville, North Carolina, was sworn in and stated he would like to have two evaluations done on the radio-active emissions. Ms. Mary Bethel, 3535 Kelburn Drive, Fayetteville, North Carolina, was sworn in. Ms. Bethel appeared in opposition to the tower. Mr. Barfield readdressed the issue of the electromagnetic radiation report. There was no one further to speak either in favor or opposition. The public hearing closed at 8:30 p.m. Councilmember Torrey moved to deny the Special Use Permit, seconded by Councilmember Massey. A discussion ensued regarding the concerns of the residents and City Council requested more information be provided to them on the radiation question. Councilmember Torrey moved to call the question, seconded by Councilmember Massey. The motion failed by a vote of 3 to 5. City Attorney Robert Cogswell asked for a recount on the vote in order to record the Councilmembers' names. Further discussion was held. Councilmembers Massey, Dempster and Torrey voted in favor and Councilmembers Cheek, Kendrick, Smith, Blackwell and Ross voted in opposition, with Councilmember McBryde absent. Councilmember Smith made a substitute motion to delay action until January 6, 1997, with all information on the radiation issue being submitted to the City Manager's office at 10:00 a.m. on January 2, 1997, seconded by Mayor Pro Tem Blackwell. Mayor Dawkins declared a five-minute recess. When the meeting resumed, Councilmember Smith amended his motion to change the deadline for the submission of information until January 15, 1997, with action to be taken at the January 21, 1997, information meeting, seconded by Mayor Pro Tem Blackwell. Councilmember Massey moved to make a friendly amendment that radio station WFAI meet with the neighborhood. City Attorney Robert Cogswell recommended that this not be part of the motion because of the contract zoning issue. The substitute motion carried by a vote of 5 to 3. Councilmembers Massey, Torrey and Dempster were in opposition and Councilmember McBryde absent. Mayor Pro Tem Blackwell asked Mr. Barfield to have WFAI meet with the neighborhood. Mr. Barfield agreed. Councilmember Cheek requested that a new neighborhood plan be developed for this area and submitted to Council. Councilmember Torrey requested that plans be started to relocate the citizens in this area. F. (P96-116F) Consideration of the rezoning from P2 Professional District to C1 Local Business District or to a more restrictive zoning classification for an area located at 103 Willborough Avenue. Containing .073 acres more or less and being the property of Tire World of Fayetteville, Inc., as evidenced by deed recorded in Deed Book 3611, Page 721, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item and recommended approval of the rezoning. This is the advertised public hearing set for this date and time. The public hearing opened at 9:25 p.m. Mr. Stacy Weaver, Attorney, 202 Fairway Drive, Fayetteville, North Carolina, appeared in favor of the rezoning. He presented a map with the layout of the 24 feet being rezoned which would accommodate the proposed addition to the building owned by the petitioners. There was no one further to speak in favor. Ms. Vi Forbis, 431 Northview Drive, Fayetteville, North Carolina, appeared in opposition and expressed her concern regarding there being no buffer zone and the need for an alternate route for traffic flow out of the neighborhood. There being no one else to speak either in favor or opposition the public hearing closed at 9:45 p.m. Councilmember Kendrick moved to approve the rezoning, seconded by Mayor Pro Tem Blackwell and carried by a vote of 6 to 2 with Councilmembers Ross and Torrey in opposition and Councilmember McBryde absent. G. (P96-117F) Consideration of the rezoning from R6 Residential District to P2 Professional District or to a more restrictive zoning classification for an area located at 2280 McGill Road. Containing .36 acres more or less and being the property of Harold B. McRainey as evidenced by deed recorded in Deed Book 4431, Page 356, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. He stated the Zoning Commission recommended approval of the rezoning. This is the advertised public hearing set for this date and time. The public hearing opened at 9:53 p.m. Appearing in favor of the rezoning was Mr. Richard Lewis, Attorney, 411 Lakeshore Drive, Fayetteville, North Carolina, and Mr. Harold B. McRainey, Jr., 509 Thorncliff Drive, Fayetteville, North Carolina. Ms. Gaynelle J. West, 462 McRae Drive, Fayetteville, North Carolina, appeared in opposition. There being no one further to speak either in favor or opposition the public hearing closed at 10:03 p.m. A discussion ensued regarding the requirement of the P2 Professional Zoning District. Councilmember Kendrick moved to deny the zoning, seconded by Councilmember Cheek and carried by a vote of 7 to 1 with Councilmember Dempster in opposition and Councilmember McBryde absent. H. (P96-118F) Consideration of the rezoning from R5A Residential District and P2 Professional District to R15 Residential District or to a more restrictive zoning classification for an area located at 234 Kinlaw Road and a portion of the adjacent property located east of 234 Kinlaw Road. Containing 10.9 acres more or less and being the property of Daniel V. and George Alfred Kinlaw, and Methodist College, respectively, as evidenced by deed recorded in Deed Books 4540, Page 705 and 780, Page 501, respectively, Cumberland County Registry. Councilmember Cheek, upon the advise of the City Attorney, requested to abstain from discussion or voting on this item. Councilmember Kendrick moved to excuse Councilmember Cheek, seconded by Councilmember Smith and carried by a vote of 7 to 0 with Councilmember Cheek abstaining and Councilmember McBryde absent. 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 10:10 p.m. Appearing in favor of the rezoning was Mr. Stacy Weaver, Attorney, 202 Fairway Drive, Fayetteville, North Carolina. Mr. Weaver represented Methodist College. Mr. John Duncan Kinlaw, Jr., 160 Kinlaw Road, Fayetteville, North Carolina, appeared in opposition. Mr. Kinlaw presented a package which stated there was a question about the ownership of the property. Mr. Stacy Weaver and Mr. Elton Hendricks, President of Methodist College, rebutted Mr. Kinlaw's claim and stated that Methodist College owned the property. There being no one further to speak either in favor or opposition, the public hearing closed at 10:29 p.m. Councilmember Smith moved to approve the rezoning to R15, seconded by Councilmember Dempster and carried by a vote of 7 to 0 with Councilmember Cheek abstaining and Councilmember McBryde absent. I. (P96-122F) Consideration of the rezoning from R10 Residential District to C3 Heavy Commercial District and to R6 Residential District for an area located at 805 Cain Road, a portion of the property located west of Cain Road and north of 805 Cain Road, and a portion of the property located west of Cain Road and north of Tally-Ho Drive. Containing 3.47 acres more or less and being the property of Gary M. and Sharlyn M. Logan; David B. and Wanda Allen Herring and Leon and Ella Baxley Allen, Sr.; and David B. Herring and Leon Allen, Sr., respectively, as evidenced by deed recorded in Deed Books 3607, Page 438, 3440, Page 660, 3050, Page 480, respectively, Cumberland County Registry. Assistant City Manager Jimmy Teal presented this item. The Zoning Commission recommended denial of the request. Mr. Teal stated the attorney for the landowners had submitted a new proposal and requested that this item be sent back to the Zoning Commission for further action. This is the advertised public hearing set for this date and time. The public hearing opened at 10:42 p.m. Mr. Ad Winters, 426 Edinburgh Drive, Fayetteville, North Carolina, appeared in favor of the rezoning. He requested that the item be referred back to the Zoning Commission for their consideration of the alternative plan prepared by the attorney. Mr. Cam Stout, 1131 Longleaf Drive, Fayetteville, North Carolina, appeared in opposition to the C3 Zoning, but stated as a property owner in the area he would be in favor of the consideration of the alternative proposal. There was no one further to speak either in favor or opposition. The public hearing closed at 10:46 p.m. Councilmember Cheek inquired into the correct procedure to be used. Mr. Teal stated it would be readvertised and presented at the January 14, 1997, meeting of the Zoning Commission. Councilmember Cheek moved to refer it back to the Zoning Commission, seconded by Councilmember Ross and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. J. (P96-120F) Consideration of amendments to the zoning ordinance (Chapter 32) creating (1) a new definition of trailers to include vehicles without motive power designed for carrying property or persons wholly on their own structure and to be drawn by a motor vehicle, including, but not limited to, "Pole trailers", a pair of wheels used primarily to balance a load rather than for purposes of transportation, or a cargo container designed to be moved on a detachable chassis, and (2) a new section restricting the parking of trailers to a P1 or a less restrictive zoning district for the purpose of storage or selling at retail or wholesale any goods, products, or merchandise contained therein except in permitted storage yards, loading and unloading in residential districts and off-street loading for retail, office, hotel, and industrial areas, on construction sites and where the trailer is 150 feet from a public right-of-way or hidden from view from a public right-of-way and the trailer is not located in the front of the property. Assistant City Manager Jimmy Teal presented this item. This is the 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 10:50 p.m. K. (P96-121F) Consideration of amendments to zoning ordinance (Chapter 32) requiring the termination of the parking off-street of commercial for-hire vehicles (2 1/2 tons or more) in residential areas within 60 days of annexation. This is the 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 10:51 p.m. L. (P96-124F) Consideration of various technical amendments to the zoning ordinance (Chapter 32) to implement the sign ordinance previously adopted on 10/21/96 (makes no changes to the sign ordinance). City Attorney Robert Cogswell presented this item. This is the 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 10:52 p.m. AMENDING CHAPTER 32-AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE WITH RESPECT TO ZONING. ORDINANCE NO. S1996-026. Councilmember Kendrick moved to approve Item 3.L, seconded by Councilmember Dempster and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. Councilmember Smith moved to take action on Items 3.J and 3.K at the January 6, 1997, regular City Council meeting, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. 4. A. Consideration of request to address City Council from the following representatives of the NAACP: James H. Locus, Jr., A. Neil Newman and James Florence. A verbatim transcript of this item follows: Dawkins: The chair will proceed, unless Council has other wishes, with Item 4. And just as a rerun in case anyone came in late, the NAACP was sent information on the old policy of Council so the chair is going to allow three speakers, Mr. Shipman, Mr. Locus, and Mr. Newman, and of course they're aware they're limited to 3 minutes and of course naturally all of us, we will stay within those guidelines and they will speak in that order. Later under 4.A. Mr. Goldstein is here. The policy of course now is up to two speakers on an issue up to 5 minutes for Mr. Goldstein. When he speaks on another subject, he'll have 5 minutes. So Mr. Shipman we're glad to have you and if all of . . . Like I said, if you will, come up to the microphone on my left and give us your name and address. Shipman: Raymond F. Shipman, 6614 Carloway Drive, Fayetteville, North Carolina. Mayor Dawkins, Councilmembers, good evening. [SEVERAL COUNCILMEMBERS SAID GOOD EVENING.] Shipman: My name is Raymond F. Shipman and I am the President elect of the Fayetteville Branch of the NAACP. I have with me tonight Mr. James Locus, Jr., who will bring us the legal analysis of the case, and Mr. Neil Newman will cover some of the proposed resolutions that we would like to have you consider. I would like to start by thanking you for the opportunity to address some very serious concerns that have been identified in the Fayetteville Police Department. However, before we do that, I would like to correct some of the statements that were printed in the Fayetteville Observer article on Saturday, December 14, 1996. The paper quoted Chief Hansen as saying that he had not been apprised of any specific incidents of mistreatment. That is not correct. Due to the fact that the specifics were outlined in a letter to City Manager Smith dated August 27, and then followed up with a meeting with the City Manager, his Deputy, and the Human Relations Director on September 12, and a subsequent meeting with Chief Hansen and his senior officers on September 25. During that meeting, we not only discussed specific incidents, we also identified specific individuals that had suffered retaliation based on comments they had made during the Chief's investigation. We then presented recommendations for correcting the hostile environment that African-American officers were experiencing. We are not here this evening to assess blame, nor are we pointing fingers. Instead, our purpose is to put the City Council on notice of the problems affecting African-American officers and ask the Council to join in our efforts to have these matters amicably resolved. In the remaining time that I have, I want to speak to the following facts: number one, first of all, bring to the City Council's attention the existence of the 1974 court decree against the Fayetteville City Police Department that has never been fully implemented; number two, the fact that police management has conducted an ongoing campaign to have the consent judgment disbanded; number three, the occurrence of a distinct pattern of disciplinary actions by management toward African-American officers who either express support for the existing class . . . Dawkins: 3 minutes. Shipman: . . . or demonstrated opposition to discriminatory actions . . . Dawkins: Mr. Shipman we thank you. Thank you very much. And then we'll hear from the next speaker. The 3 minutes are up. Thank you. Thank you very much. Shipman: Mr. Locus will bring them now. Dawkins: All right. Thank you very much. Just one correction. You said something about a case--I don't believe this is any case--when you gave your presentation. This is not a court case you're presenting or anything is it? You said something . . . You referred to . . . Shipman: No it's not. Dawkins: Okay. Okay, just for clarification. Mr. Locus we're glad to have you. Locus: I'm going to give my . . . I'm going to begin by reviewing the several major points that are at issue. The first is that a number of African-American police officers with this department believe that they have been required to work in a racially hostile working environment. I'm going to go real fast with this. There are . . . Also, please forgive me I do cause I lose my voice. There are major concerns that African-American officers are not promoted, denied training opportunities, denied work opportunities, and retaliated against when they attempted to raise issues about their working environment. More specifically, when an African-American officer has brought issues concerning the treatment of African-Americans in the department to the attention of management within the department, the adverse results against those officers complaining has been investigations, suspensions, dismissals, involuntary transfers, and other forms of overt intimidation. This department has instituted a system of terror on African-American police officers that can only be rivaled by the inhumane treatments and tactics not experienced since the 1960s. African-American officers have been brought in by the department and interrogated, given lie detector tests, and intimidated for doing nothing more than stating that African-Americans are not being treated fairly by the department. While the circumstances of each individual case is different, the common question that runs through all is whether the department condones a systematic process of discrimination by imposing a hostile working environment or other actions or apprisels against African-American police who have opposed or who have been suspected of opposing Title VII actions. In essence, when an individual brings to the attention of management a Title VII issue that has adversely impacted either themselves or others, this individual has been branded a troublemaker and subjected to a hostile working environment of a discriminatory nature which has adversely impacted their ability to perform their work. The United States Supreme Court observed that Title VII is violated when the work place is infiltrated with discriminatory intimidation, ridicule, and/or insults that are sufficiently severe or racist who has to alter the conditions of the victim's employment and create an abusive working environment. The common fact for this class of officers is that each time one of the members pursues or are suspected of pursuing protected rights under Title VII, they become victims of an abusive working environment. Department rules and regulations such as 4.02, conduct unbecoming an officer, has been implemented numerous times against these officers who have stated nothing more than the department and/or employees have violated the spirit of the 1974 class action settlement, our Title VII. The investigatory powers of the department have been abused in such a discriminatory fashion that its very implementation has become a vehicle of discrimination. When the department learns that an employee raises an issue about racism, the employee and not the issues become the focus of the investigation. These kids, and I'm talking about these police officers, simply live in fear that their true feelings about the discrimination that they have witnessed or experienced will be found out and they will be subjected to the same harassment the others have suffered. Rather than lose . . . Dawkins: Thank you very much Mr. Locus. Ross: We can't hear it all? Dawkins: Thank you. Ma'am? Ross: I want to hear it all. Dawkins: No, it's limited to 3 minutes. Thank you very much. Locus: Thank you. Dawkins: Thank you. Ross: Well how do we go about hearing the rest of it? Dawkins: Well, our . . . This gentleman will speak now. Glad to have you. Newman: Thank you. Good evening Councilmembers, Mayor. My name is Neil Newman. And my objective this evening is to lay out the proposed recommendation that we believe are the very minimum that the City Council must do to correct the racially hostile environment that exist in the Police Department. Number one, the department has to rescind all disciplinary actions that were taken against those African-American officers who voiced their concerns about the discrimination that exists in the department. Number two, the department must stop using the Office of Professional Standards and other departmental codes, i.e., 402, conduct unbecoming an officer, the Fayetteville City Code, Rule 784, Rule 780, to harass and intimidate African-American officers who raise issues of discrimination and questions the department's failure to implement the court decree. Number three, have the City Council to initiate an outside independent investigation of any discriminatory practices in the department and make a determination of the progress made or the lack thereof of the provisions set forth in the 1974 court decree. The objective of this investigation should include proactive measures to head off any potential problems. Number four, have the department conduct on a regular basis, at least quarterly, human, race relation, race sensitivity and diversity training for all police officers in the department. Number five, establish an equal employment opportunity committee that will serve as a liaison to the City Council and the racial climate in the department and perhaps the City. The committee member should consist of rank and filed employees with equal voice and make a recommendation to address concerns. These proposals were presented to the Chief and the City Manager in the recent past. After their response, we determined that it would be in everyone's best interest that we came to you with these issues. We believe that the Council should take immediate action to stop the unlawful and unconstitutional disciplinary actions against these officers. The job that we expect and demand that they perform on a daily basis is far to important for them to be subjected to gross violations of their rights while protecting ours. We need to establish a window of time that will provide this Council and NAACP an opportunity to address the remaining issues. Again, we believe that whatever we decide to do, we must ensure that an immediate halt is put to the present practices that are being perpetrated against the African-American officers in the department. Any investigation that is conducted must ensure that the officers participating in the investigation remain anonymous so as to prevent the type of retaliation that has occurred and continues to occur in the department. Councilmembers, there is one thing that we need to know this evening, is what will be the time frame that the Council will be operating under to address these issues. We would like to say to our friends, the press, and the media that we will be available to sit down with them to respond to the article that was in Saturday's paper, and provide them a detailed account of the presentation that we've presented here this evening. The NAACP remains committed to its established purpose which is to ensure that all Americans are treated equally regardless of their race, color, religion, sex, national origin, age, physical or mental handicap. The Fayetteville Branch of the NAACP is willing to work with the City Council and the department in ensuring that corrective measures are taken that will eliminate the racially hostile work environment that currently exists. Subject to any question from the Council, this concludes the NAACP presentation this evening. We thank you. Dawkins: Thank you very much. Ross: I have a question. Dawkins: Thank you very much. And I . . . I don't know if Mr. Smith or Mr. Cogswell . . . Of course I think everyone's aware of the Council-Manager form of government and I think that's pretty evident and pretty clear about that. And there are channels to go through. I certainly will go to Council in just a minute, Ms. Ross, if they have anything to say. But if Mr. Smith or Mr. Cogswell or, of course, any other would like to say anything, fine. If not . . . But it's pretty clear cut on personnel matters the oaths that this Council takes. John Smith: To repeat that . . . Mr. Mayor, I have had . . . I was involved in the two meetings and I believe Council has copies of correspondence that I've had with the Fayetteville Branch of the NAACP. Let me first say that I have always in the past had the utmost respect and regard for the local branch of the NAACP. I believe that we had expressed a willingness to sit down and discuss specific issues. I can tell you quite frankly the tone that was expressed here tonight was not the tone that was expressed in those meetings. And I am somewhat surprised at that and somewhat taken back at that. And I think that we have offered the opportunity to sit down and meet, I still offer the opportunity to sit down and meet. That offer stands. As far as rescindtion of any disciplinary action, I believe you have my comments in the memorandum which I sent to the NAACP. I cannot and will not rescind disciplinary actions on the basis of complaints that have been filed to an outside agency when I have not even been given those specific complaints. We have procedures within the City. We have the grievance process, the Personnel Review Board process. That process has been working and continues to work. If City Council has concerns about personnel matters, those matters need to be discussed with the Manager. I cannot discuss any specific personnel issues, except one, quite frankly, that was raised--specifically raised in one of the meetings--which we specifically dealt with, and I can specifically deal with it tonight. Because we have an officer that waived his personnel privacy rights and that matter was fully discussed in the meeting. And I think there was an indication that perhaps some of what was being said wasn't exactly the way that it actually happened. I can respond to any questions, Mr. Mayor. Dawkins: All right, thank you Mr. Smith. Does any Councilmember wish to make any comments or go any further or wish to address Mr. Smith or Cogswell? Mr. Torrey. Torrey: During our retreat . . . Councilmembers, during our retreat, I mentioned that we should be departmentalized and I offered the suggestion that we work with each department within our City government and sure enough the Police Department is one of them. By having a person that works . . . a councilman that works as a liaison person with the Police Department, we would surely known exactly what's going on and we could bring it back to the Council. I still have that recommendation. I think it's a fair and equitable recommendation. I think that we would not be in doubt if we had that committee to the organization. I would certainly like to work with the Police Department. I have worked with Chief Hansen and I think that he's . . . I worked with him and he worked with me in my community and I think that I would certainly like to work with the Police Department and find out just what . . . The inside and outside, I still don't understand the inside and outside, but I would certainly like to find out more about it. Thank you very kindly. Dawkins: All right. Let me go to the others. Mr. Torrey, you understand the Council-Manager form of government in what you're stating? Torrey: That's correct. Dawkins: Okay. Ms. Ross and then Mr. Massey. Ross: I still don't know what they were going to say and it's still on my mind what they didn't finish saying. They just ran. Didn't have time to run through all the things that they were saying and I don't . . . I don't know what was on other side of what they got cut off and they didn't get to finish and I would like to know, you know, what they were talking about. Dawkins: All right. Ross: And I remember . . . You remember we were at a meeting and I was told that I was not supposed to talk to anyone, any policeman, on the street about discrimination. And the way I feel . . . Dawkins: Ms. Ross please clarify that. Was that in a City Council meeting you were told that? Ross: No, it was in a meeting. Dawkins: Okay. Ross: That . . . Dawkins: I'd like the record to show that, please. Ross: It was . . . Dawkins: It was certainly not in a City Council meeting. Ross: I was never . . . I mean, the citizens vote for me and the police officers do it and they're the ones that vote for me. Nobody hired me, I'm voted for. So then I feel like I need to respond to them. Whenever they talk to me, I need to be able to talk back to anyone. That's the way I feel. And I . . . Dawkins: Ms. Ross, you're free to talk to anyone at anytime, police officers or otherwise. Ross: I was told that. But I don't . . . I didn't finish hearing what they were saying and I just feel like a period dropped off and there's something on the other side of what they were going to say that I didn't hear. Dawkins: All right. Ross: But I need to hear it. Dawkins: Well as I said, you're at any time free to . . . [END OF TAPE] Dawkins: Mr. Massey. Massey: I really want to withhold my comments until I hear a little bit more from other members of Council, but I also want to put on the table . . . In other words, I really can't address everything that I've heard thus far in just one little whatever and when you asked Councilman Torrey was he aware of the Council-Manager form of government, I want to be sure I'm clear on what . . . Dawkins: Yes. Massey: . . . was really being questioned there. But what I heard Mr. Smith say was that within that structure, within that structure, that basically we do not engage specifically in micro-management on any particular department, whatever the case might be, and that basically we would basically get our information through you Mr. Smith. Is this what you were alluding to. Dawkins: Well yes, that's our . . . Massey: Okay, so I wanted to be sure that . . . Dawkins: Mr. Smith may want to explain it . . . Go ahead. Massey: Okay, well I just wanted to make sure that the procedure that we were talking about in terms of how this Council gets information is not directly through the police officer on the street and not directly through the intelligency of the Fayetteville Police Department but through the City Manager. And was this what, you know, we were alluding procedurally how we get information relating to these particular concerns. John Smith: I think City Council certainly is open to get information from a variety of sources. I think my concern, I think the concern of the Mayor was, is if we're talking about specific personnel disciplinary actions and I think that's what we're talking about. I think we're talking about a couple of specific disciplinary actions. Those kinds of things are handled administratively and there is a process internally for dealing with that and under the Council-Manager form of government, the Manager is delegated the responsibility for dealing with those specific disciplinary actions. In terms of other methods of gathering information, certainly Council has at its disposal a number of ways of gathering information. Let me also suggest that if . . . Since in deference again to Ms. Ross's concern about the information has not been completely presented, that we invite them to present whatever information they would wish to present in writing to administration and it can be presented to Council and I think the concern again is to protect the privacy, personnel privacy rights, of City employees. And those things that impact upon strictly those personnel privacy rights of employees, unless certain employees would like to waive those personnel privacy rights in writing that they can be then discussed publicly as long as they don't impact on other officers, I would suggest that the NAACP be invited to submit whatever they wish to submit through channels in writing. I had offered in the meetings and in writing, and I think the record is clear in the memorandums and letters that you have in the packet, to initiate investigations, to cooperate in investigations, of specific allegations. I was told that that would not be necessary at the first meeting. Newman: Okay, with deference to that very magnanimous offer, I would definitely . . . John Smith: It was not a magnanimous offer. It was simply . . . I mean that is the way it is done. Newman: I understand. John Smith: If there are specific allegations, they need to be investigated . . . Newman: Okay. John Smith: . . . either by administration or by an outside party, the FBI, the SBI, or whoever does this kind of investigation or anyone else. Newman: Okay. Mr. Smith, if you would. Within the last three presentations, several issues came up which I honestly do believe go beyond specifically personnel issues and I do with deference understand that if you're talking specifically personnel issues, then there are specific guidelines, procedures, that have already been preannounced, pre-put on the table, and we followed those to the letter. And I also appreciate the fact that you have alluded to the fact that there are other ways in which can address various issues and several of these issues went beyond personnel matters and those are the issues that I feel that we ought to spend additional time and look at other ways to begin to address. So I don't want to just limit our conversation simply to personnel issues, because apparently what has been described here in just these three grievance operations go beyond just simple personnel issues. And I just simply would like for us to examine additional alternatives to ensure that we look at the entire spirit, that we look at the entire intent, that we look at the entire posture of these young men who risk their lives everyday in our community to try to keep us all safe. John Smith: And I certainly don't disagree with that. And let me say this, because it was one of the concerns I expressed in the memorandum. There was some things said here tonight that were very serious. __________: You're right. John Smith: Very serious. Ross: These are serious times. John Smith: And I would like to see the specific . . . Dawkins: Yes. John Smith: . . . circumstances and the very specific things that lead to some conclusions that were drawn tonight in the presentation that I don't think are necessarily valid based upon the facts. So let's see the facts. The other concern I have, and again I expressed it in the letter to Mr. Florence, the community's faith in its Police Department is extremely important in the whole process of community policing, and if the community's faith in the Police Department is jeopardized through allegations that may or may not be true, then the community suffers. __________: That's right. Newman: And that's exactly why we should not limit the scope of what we did to find out what is the best direction that we ought to move in. John Smith: And I agree wholeheartedly, but let's not deal strictly with allegations based upon one point of view or one person's perspective of an incident, let's look at all the facts. Let's thoroughly investigate specific allegations, reach whatever conclusion those investigations come to, and deal with the facts. That's all I'm saying. Ross: And let the chips fall where they may. John Smith: And let the chips fall where they may. Exactly Ms. Ross. Dawkins: Let me just . . . John Smith: I think we have extremely good officers in the Fayetteville Police Department and I think it is extremely unfair to the overwhelming majority of officers to paint a picture of the Police Department based upon a few so far unsubstantiated allegations. Dawkins: Mr. Massey. One step further Bob in that we have to be extremely careful, and this applies to African-American, Caucasians, and everyone, when I make this statement, and it is pretty clear our role that we're in is it in no way, in no way can we afford to hurt, quite frankly, one African-American officer or anyone else, and they're very strict guidelines, and we've got to protect that because people can say this and say that, but we are talking about careers of . . . of course naturally all police officers, so we want to go about this thing I think very carefully, but certainly as there are concerns, we want them addressed and, you know, that was my point. Massey: Mr. Mayor, if I could just very briefly. Dawkins: Go ahead Mr. Massey. Massey: If I could . . . Dawkins: Yes. Massey: . . . briefly to . . . My concerns are not as much with African-American police officers. It is for all those gentlemen who put their lives on the line everyday to keep this community safe. It just so happens that this particular complaint came from a particular group. So my concern is not simply because they are African-American, but I appreciate what these gentlemen do everyday to keep us all safe and I want to be sure that they do it in an atmosphere in which they're able to do their jobs effectively, positively, and be able to look reasonably secure to the future and move up the ranks. Dawkins: Thank you Mr. Massey and I'd like to . . . Ross: And my complaint is all together . . . Dawkins: I concur and I also didn't mean just to include African-American and Caucasian, but certainly Hispanic, every single police officer. As that goes, every single City employee. Ross: Excuse me, Mr. Mayor. Dawkins: Ms. Ross. Ross: The top of the . . . The top of the file . . . I mean, the top of the group, that has an awful lot of affect on how people feel and how they come to people and talk to people. When I was in the military, I could always go and talk to my CO when I wanted to. I didn't have to get . . . knock on the door or get permission to talk to my CO. And it's something that people feel that they know when a person is real and when they're not real. Because you've got people out there that are citizens that have problems thinking about what if. If anybody goes . . . has a problem and they want to go and discuss it with somebody, maybe they'll get the results that they want and maybe they won't. Maybe they will and maybe they won't. And that's very important. You know we try to talk about diversity. For some reason, they don't want to talk about dealing with diversities. I've tried for ten years, you know that. And we finally got a little tiny weeny glance in, got the foot in the door a little bit, when we had that retreat. We just got the foot in the door. Two sessions of books I purchased and one session the City purchased. We don't want to talk about diversity. We don't want to get into that. Dawkins: Well Ms. Ross. Ross: Whether we want to or not we're going to have to. Dawkins: Well, I agree and I think if you look at our Police Department or any other department, it's a rather . . . Ross: I'm not talking about just the Police, I'm talking about . . . Dawkins: No no. I meant look at every single person employed with the City. I believe it's a diversified group of people. Ross: They don't want to deal with diversity. Dawkins: No. Well I won't debate it. I just think . . . I think we have a tremendous amount of diversity. As we look around this room and throughout the City, and if you need the facts and figures, I'm sure we can get those. Ross: I've talked with Indians, I've talked with Hispanics, I've talked with all people because I worked with them in the military and we got along beautifully. But when I got out of the military and got back into the civilian life, it was a different story. You know, we don't want to be bothered with it, we are good enough, you know, we don't need you. And therefore they kind of steer, you know I've been trying to pull diversities into these different committees. So far we've got three. Three Native Americans on the committees. And we should have had more than that long time ago. Dawkins: All right. Ross: This world is not one color. This world don't belong to one group of people. Dawkins: Okay, we'll go to Mr. Smith and Mr. Torrey. Jim Smith: Thank you Mr. Mayor. John I realize this is a very sensitive issue we're dealing with here. Not only because of personnel but personalities involved and such not. You heard as well as I did, and it sounded like to me that the gentleman that spoke for the NAACP, there were some very serious charges levied there as far as . . . or accusations levied I guess I should say. How can we best, with the protection of the integrity of our Police Department, because I think that we have to ensure the safety of all our citizens, we can't let everything, we can't throw the baby out with the bath water right now, so we've got to continue. How do we best do this from your perspective. I'm not trying to get into the micro-management of the Police Department. I think that or I've seen that the personnel review stuff has been working. I hope it continues to work. But I guess to protect those folks that need protecting . . . You said one person had already waived their right to that. I know that sometimes we share confidential memos, work-client projects and stuff, how do we best resolve this or come to some kind of meeting of the minds so that we can start moving forward? John Smith: It would seem to me, and apparently this was not acceptable or it wasn't enough, that if specific allegations can be shared with me, we can conduct specific investigations. I have made this offer and I continue to make the offer. If I can get specific allegations, I will see to it that those allegations are appropriately investigated and the results of those investigations reported to City Council in an appropriate manner. My concern is making allegations in a public forum that could impact on the credibility of the Police Department with the community without having those specific allegations thoroughly investigated to make sure that allegations and very broad-brushed statements, that quite frankly could have a very detrimental impact, are made unless there is something very factual to back those up. And I'm perfectly willing to do that, have expressed my willingness to do that, and I'm still willing to do that if somebody will simply provide the very specific kinds of things that are behind these specific complaints. I know what some of them are but I certainly have not been provided in any shape and sense with the specifics of what's being alleged. Jim Smith: Okay. Mr. Locus could I ask you a question please sir? Locus: Yes. Jim Smith: Mr. Locus, are you retained by the NAACP as an attorney or by individual officers or whatnot? Locus: By the organization, yes. Jim Smith: By the organization? Locus: Yes. Jim Smith: Do you have privy to the information that City Manager Smith has just asked about? Locus: Yes, and he does to. He knows. Ross: Let's hear it then. Locus: Thank you for inviting me back here. I was wondering how I could get back up here. He has told nothing but pure fabrication. I can not only tell you that they told us . . . Jim Smith: Wait, wait, I don't want to get into that right . . . _________: You are being recorded. Jim Smith: Yes, I don't want to get into it. Dawkins: He is an attorney, you will be backing these statements up. _________: No doubt about it. _________: Yes sir. Jim Smith: Okay, I don't want to get into that right now. This is not the forum for that. Dawkins: Mr. Smith. Hold on just a second. So everybody clearly understands everything here. Because Mr. John Smith has asked for things he stated he has not has and then on your comments we'll proceed along. Mr. Jim Smith, is there anything else? Jim Smith: City Manager Smith, I apologize to you because this is not the forum I wanted to create. I was just asking a question trying to convey the information. Mr. Locus, the only thing I can say and I don't want to get into it . . . John Smith: Let me suggest something to Mr. Locus. As soon as I have this information, perhaps he can just provide it to me, and then that way he can be sure that I have the information. Locus: I'll be glad to do that. Dawkins: Go ahead. Locus: I'll be very happy to do that, but I might note that some of this information where he says specific instances are things from which there are letters, and personnel grievance nature, from which he was invited either to get involved in either reviewing with the Chief or himself. These are not specific things . . . We're talking about two different things here. Let me . . . Maybe if I could clarify that. The first thing we're talking about is just simply the environment from which there's no promotions, transfers, and all these kind of things that are happening which were contrary to the 1974 settlement agreement. That's one thing. The second issue, and this is something that's happened in the last year, which we've been complaining about, is retaliatory treatment to employees, i.e., you're brought in and you're asked do you have any discriminatory problems and if you say yes then you retaliate in some ways, and so there's two different issues we're talking about here. Dawkins: Okay, let me ask you, have they've been brought to Mr. Smith? The retaliations been brought to Mr. John Smith? Locus: Yes. Dawkins: Okay. All right. Jim Smith: I guess what I'm trying to accomplish is what we have talked about several times as far as maybe acting as the mediator to make sure I don't have any way of knowing and I'm not going to say that you're not telling me the truth and I'm certainly not going to say our City Manager is not telling me the truth, but if there is some way that we can facilitate getting that information exchanged, I'd think it'd be a good idea that if the Chief had a copy of those things too. If you'll, you know, if you don't mind providing that information. I don't think providing information to the Chief or to John is going to compromise your position. But if we can get the . . . What I heard Mr. Newman basically say was he wanted to see some kind of progress being made that something's happening. And I think if you can assure us that you're going to get that information to John, then we can start moving that way. Locus: Could I ask exactly what would your proposition be in regard to "moving on", because . . . Jim Smith: No, I don't mean moving on, I meant moving this process forward to find out what we need to do or what, if there are, specific allegations that need to be answered or whatnot. John has told me that he is not aware of specifics and he can't talk in generalities and we also can't compromise the personnel act in open forum like this so it's going to have to happen in closed session. Locus: Sure. And I would say that if we could do more than maybe schedule a closed session number one. And I would do that for two reasons. One, because . . . Let me just reassure you again Mr. Smith and I need to apologize to you too for embarrassing you through this question here, but the real issue comes down to is that the old saying, we been there done that, and we . . . Most of the information are documents and letters from Chief Hansen and in some cases Mr. Smith to the employees. So it's not like we're going to be handing them back stuff that they essentially gave to those folks. So I feel that's almost . . . we would comply. But its almost a waste of time since some of the documents they sent to them. And so that's why I'm really saying so lets get . . . I'm just respectfully asking that we get beyond that to what happens next, because that's the easy part. Dawkins: You understand how City government operates? Locus: Yes I do, I studied it hard. Dawkins: Good. That's one thing we don't have closed sessions on grievances about personnel. Locus: Let me understand, it's very important though. This is not personnel issues. We're not standing here to necessarily focus on personnel issues of each individual officer. We're looking collectively as a class at these members who in fact are being retaliated against and harassed because of their opposition to Title VII violations. Dawkins: Okay, and those have been presented to Mr. Smith, the ones that have been retaliated against? Locus: Yes. Dawkins: Okay. Locus: Yes. That's what I'm saying. And I'm saying that that's the issue, so let's be very, very straightforward, because I think what Ms. Ross said is very true. Talking about race is very, very hard. But we're not here today to make this black officer versus white officer. We're not here to talk about good versus evil. You made us stand up and pledge to that flag and you said justice for all. You'll [inaudible]. And I'm saying that it's very important, very important, that when we say justice for all, we don't mean just some, and that when somebody comes and says I'm not getting justice, you don't send them up to a lie detector test, you don't accuse them of being a liar or making false remarks. You find out what the problem is and not harass the person as I would say kill the messenger. Jim Smith: That's what I was trying to [inaudible]. thank you Mr. Locus. Dawkins: I'll be going to some Council . . . Mr. Smith, did you want to say anything? John Smith: Maybe I shouldn't . . . Dawkins: Okay, that's fine. John Smith: Let me try. Dawkins: That's fine. John Smith: Number one, Mr. Locus was not in either of the meetings that we had. Dawkins: Did you hear that Mr. Locus? You were not in either of the meetings? __________: I'm not getting in this. Dawkins: Is that correct? Locus: That's correct. I was not at the meetings. Dawkins: Okay. Locus: But I was there and helped with the responses of every letter. I read every letter that he sent. And that's why I'm sure he's aware of the issues because the information they presented to him was the same they presented to me when I was retained and I think he responded back to some of his letters including recommending coming before you all because we weren't moving far enough with that avenue. John Smith: I think Mr. Florence. Those letters were signed by Mr. Florence, I was not aware of Mr. Locus. Dawkins: Okay. Go ahead. John Smith: I still come back to we've got some accusations here. Yes there had been some specific personnel actions. Yes I had been involved in some specific personnel actions. Which are we talking about and which specific things? We can say we're talking about a whole class of things. We're not talking about personnel actions. But what I'm hearing is personnel actions. I'm hearing transfers. I'm hearing not promoting, not getting promotions. I'm hearing a number of specific kinds of personnel actions. You know, we simply cannot deal with those unless we know exactly which ones we're talking about. That's all I'm asking for. I'm simply asking for . . . yes I've been involved in something, clearly I've been involved in disciplinary actions. I am involved in disciplinary actions. Which ones are we talking about? Jim Smith: Thank you John. Dawkins: Thank you. Let . . . Mr. Jim Smith I believe is through. Mr. Torrey I believe was next. Torrey: Members of the Council, you've got to have somebody there. You've got to have somebody there. We can't go by hearsay. You've got to have somebody there. Have some Councilmember there that sits on that board, police officer's board, when they have their executive meetings, when they have all of their meetings. You got to have it. This would solve the problem. __________: [inaudible] Ross: I want to say something. Dawkins: Well, okay. Ross: Mr. Mayor. Dawkins: Thank you Mr. Torrey. I've got . . . I know Mr. Massey wants to speak. Ms. Ross wants to speak again and let me go to Mr. Kendrick. He has not spoken, and then Mr. Massey's next. John Smith: May I also say one other thing and then Mr. Cogswell may respond to that. I think the question was asked whether or not Mr. Locus was an attorney representing the NAACP in a case, is that . . . Locus: No, the word case was not used. Cogswell: I didn't quite catch the context of the question. Jim Smith: I just asked if he's been retained by the NAACP. John Smith: Okay. Cogswell: He says he has. Dawkins: Mr. Kendrick. Kendrick: Going back to . . . Going back to specific allegations to this. So Mr. Smith, what you're saying is, is the . . . that if somebody . . . if the NAACP will provide you with . . . I'm going to give you a scenario. Mr. John Smith was disciplined on this and this date. Is that what you're looking for specific by name? Is that how we're looking for it? Because I think when you were mentioning that you wanted to get specific, they're saying you need to be in generality. So I'm trying to figure out what you're wanting that when we ask for that to be delivered, that that's what we're talking about. Am I correct in saying that? John Smith: Yes and I think that it's . . . You know, we can say it involves a broad range of people, but each case is individual. And didn't know what cases specifically we're talking about. I think I'm aware of some of them frankly. One was dealt with in the eight points that were made. One specific situation, one specific complaint. Kendrick: And that was the one that signed away their right to privacy . . . John Smith: Yes sir. Kendrick: Correct? So . . . John Smith: If they would simply indicate a willingness to provide those in whatever form they can provide them, in written form, preferably in written form. Kendrick: Okay. John Smith: Then whatever investigations I need to have or I need to call for outside investigations, then I will do that. But, you know, if the investigations don't turn out the way some people like them, then sometimes, you know, they go someplace else. That happens a lot. Sometimes things are investigated and the people just don't like the way the investigation came out. So they say well the investigation wasn't fair. Ross: Oh oh. John Smith: Or the person doing the investigating wasn't fair. So where does it end. Kendrick: Let me ask you another question and Mr. Cogswell may need to answer this too. With regards to the privacy act. I think we're treading on it. When you're talking about specific allegations, does that include us with the privacy act that you could release those names to us or does that have to be done . . . I understand the City Council-Manager form of government. John Smith: There's a provision. There are a lot of issues involved in here and I'll try to deal with them. Mr. Cogswell may need to with some legal issues, but there are policy issues as well. But there are simple provisions under the privacy act that says personnel matters and an employee's personnel file, except for certain things, is closed, and only those people in a direct supervisory chain of command or reason to know has access to that. And that is simply to protect the rights of employees who may be subject to disciplinary action and so on. The other issue simply has to do with the procedures in terms of who is responsible for dealing with personnel matters and under the Council-Manager system that responsibility falls on the City Manager, and if the City Council doesn't feel the City Manager is adequately dealing with personnel issues, then the City Council has to deal with the manager in regard to that. __________: Right. John Smith: And if the City Council further is concerned that the manager is not dealing with personnel issues the way they feel it should be dealt with, then the City Council needs to replace the Manager and get one they have confidence in. [INAUDIBLE - SEVERAL PEOPLE SPOKE AT THE SAME TIME] John Smith: But the City Council . . . And that exactly sounds to me like what some people want here. But what the City Council cannot do and must not do is to get specifically involved themselves in individual personnel matters, because what that then does is destroy the whole personnel system. Kendrick: Thank you Mr. Smith, I appreciate that. Dawkins: Thank you so much Mr. Smith. Ross: Mr. Mayor. Dawkins: I'm going next . . . Actually, Mr. Massey has spoken, I'm going to let Councilmember Cheek speak first and then Mr. Massey and I'll go back again to you Ms. Ross. Cheek: Thank you Mr. Mayor. This is certainly a matter of great concern to each one of the Councilmembers here, and I am sure to the people in this audience and to our professionals, and we're listening very carefully. It seems to me that there are several issues that are going on here, there are the specific cases, and then there are some proposed actions that the speakers have said they would like to see taken in general, and then there've been some references to various kinds of atmosphere in the work place, and those need to be all addressed and need to be addressed in a way that the Council feels confidence in and we are representatives of the people and that we can share with the citizens. To move toward that, our first . . . our line I think has to be through our Manager to begin because I don't think that he has had an opportunity to get the kind of response that he had requested from the folks, from the NAACP, and the correspondence that we have. Now we have just seen the letters that are in the packet, the letters and the list. And we always do work through our Manager on a process and it seems to me that where we were moving and where this discussion has been moving is to open the dialogue of which was mentioned here, have a continuing dialogue establishing regular meetings with representatives and try to clarify some of these concerns so that Mr. Smith tells us that he is not clear on what the concerns are and he is a channel of communication, so I feel like that we need to give him the opportunity to share with us what these concerns are and move through it that way and then let us proceed asking for a good-faith dialogue with the concerned parties through our Manager. Dawkins: All right. Thank you very much Councilmember Cheek. Let's go next to Mr. Massey and then Ms. Ross. Massey: Mr. Mayor, Council, and Mr. Smith. One of the areas of concern that I have right now is going to be specifically in the area that information or perceptions of information, and as you very appropriately described, that, you know, sometimes people will have investigations they just don't feel comfortable with the results. As you have said, there's been certain information that has been brought forward to you. Or that certain information that some people have apparently felt that you have had, that they feel that you have had access to, and that possibly you've received it from one direction or whatever the case might be. I think therein lies the whole problem. Yes we have procedures, but procedures swing both ways. Just as it can protect the right of whomever, it can also destroy. And I think what was asked for in some form or fashion without disrespecting the role and job that you do, that some independent agent of some sort take a look at this problem along with you or maybe after you. I'm not [inaudible] in. But the idea is that some agency that does not have a dog in this discussion, that can come in and possibly, if necessary, only if necessary, make some constructive suggestions. One question I have right now is do the Fayetteville police officers go through specifically sensitivity training in dealing with other cultures around this community? Do they do that? __________: Yes sir. Dawkins: The answer was yes Mr. Massey. Massey: If the answer is yes, then of course these are the kinds of things that this Council needs to be aware of, this community needs to be aware of, so that we can get . . . Excuse me, I guess my kids aren't used to me being out quite this late. Dawkins: Go ahead. Massey: But the key is, is that I don't know whether I hope we can get at the root of this problem simply by going through you. But I also would like for you to consider the possibility of possibly taking a look at some outside group, whether we appoint that group or whether or there's community input in that group, to look at the whole issue within the framework of a Council-Management government issue. John Smith: And I have offered to do that. Massey: Fantastic, thank you very much. John Smith: I offered to do that at the first meeting. Dawkins: Let me . . . Mr. Massey, that . . . Let me just . . . Okay. But I wanted to ask Council. Does anyone, in hearing that telephone, does anyone need to call, it's a quarter to 12. [INAUDIBLE - SEVERAL PEOPLE SPOKE AT THE SAME TIME] Massey: Just let me call my kids and let them know that . . . that they're okay, you know. Dawkins: Because Mr. Massey has young children. I was very serious. I've got a young wife . . . __________: Just so you write me a note tonight. __________: We'll write you one too. Dawkins: She's a little younger than I am. Massey: Thank you Mr. Mayor and Council. Thank you Mr. Smith. I appreciate the manner in which you are dealing with this. Because you see in essence the concerns that have been made are concern. They are . . . They can destroy the integrity and as you said destroy the belief of this community. The Police Department and this community has done a magnificent job. I have absolutely no problem with the quality of job that has been done. I really wish that we could really stop all crime, but it just wasn't meant that way. But at the very same time if there are problems or seeds that could cause dissention, that could come back to negatively affect the quality of work which our officers do, we need to route those seeds out ASAP and we need to do it without any hesitation and whatever tool necessary to make it happen from everybody's point of view. Dawkins: Thank you Mr. Massey. Ms. Ross. Ross: The part that bothers me real bad, and when something is bothering me if I don't get it out of my throat, it continues to bother me. Now, when we were discussing the Labor Day situation over on Orange Street and there was some material put in our agenda, it wasn't the way I saw it. I made . . . Three days in a row, I made three trips over there. Three days in a row I was over there. I was over there Sunday, Monday, and Saturday and I know what I saw. But what I saw didn't jive with what was in the material. It was in the agenda, that bothered me. Dawkins: Okay, thank you Ms. Ross. Is there any other Councilmember or Mr. Smith that would like to say anything? I believe I recognized everyone who had the lights on. Do you have anything else Mr. Smith? John Smith: No sir. Dawkins: Okay. B. Consideration of request to address City Council from Leon A. Goldstein. Mr. Leon A. Goldstein addressed the Council regarding public safety and animal control management. Mr. Goldstein asked the Council to define and manage the animal control problem. Councilmember Kendrick moved to turn over the report to the City Manager for further investigation, seconded by Councilmember Massey. Councilmember Kendrick inquired as to the time frame and Mr. John Smith stated this item should probably be included in the next fiscal year, because it could become a complicated and expensive undertaking. Councilmember Kendrick asked for a report back in three months. 5. Consideration of adoption of resolution declaring UHF and VHF mobile, portable and fixed-end radio equipment surplus to the needs of the City and authorizing the City Manager or his designee to sell same to units of local government within Cumberland County. RESOLUTION DECLARING CITY OWNED PERSONAL PROPERTY (VHF & UHF RADIO EQUIPMENT) SURPLUS AND AUTHORIZING DISPOSAL VIA PRIVATE NEGOTIATION AND SALE AS ALLOWED BY N.C.G.S. 160A-274. RESOLUTION NO. R1996-081. Councilmember Smith moved to adopt the resolution, seconded by Mayor Pro Tem Blackwell and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. A copy of the foregoing ordinance is on file in the City Clerk's office in Ordinance Book NS1996. 6. Consideration of the following PWC Revenue Bond matters: A. Consideration of adoption of Reimbursement Resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NORTH CAROLINA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROMT THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS. RESOLUTION NO. R1996-082. Councilmember Kendrick moved to adopt the resolution, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. A copy of the foregoing resolution is on file in the City Clerk's office in Resolution Book R1996. B. Consideration of approval and adoption of the PWC 1997 W/SS Revenue Bonds Capital Project Fund. Councilmember Kendrick moved to approve, seconded by Councilmember Cheek and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. 7. Consideration of actions implementing policy adopted by City Council on December 2, 1996, concerning term limits on boards and commissions: A. Consideration of adoption of resolution amending Charters of various boards and commissions. B. Consideration of adoption of ordinance amending various sections of the City Code. C. Consideration of amendments to ordinance to Chapter 33 of the Fayetteville City Code concerning the Planning and Zoning Commissions. D. Consideration of adoption of joint resolutions amending charters of the Senior Citizens Advisory Commission and the Stormwater Advisory Board. Councilmember Kendrick moved to pull Items 7.A, B, and D from the agenda, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. 8. Consideration of request from MetroVisions for joint meeting with City Council. No action was taken at this time. 9. Consideration of setting joint meeting with Cumberland County Commissioners to discuss curfew. Council set a tenative meeting with Police Chief Hansen at the January 6, 1997, regular meeting. The meeting will be in reference to the Teenage Curfew. Council requested Mr. Smith to set up a meeting with the Cumberland County Commissioners at 7 o'clock on either January 15 or January 22, 1997. This meeting would also be to discuss the Teenage Curfew. 10. Consideration of cancellation of December 23, 1996, Information Meeting. Mayor Pro Tem Blackwell moved to cancel the Information Meeting set for December 23, 1996, seconded by Councilmember Kendrick and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. 11. APPOINTMENTS: A. Nominations are needed to fill one vacancy on Fayetteville Board of Adjustment. Councilmember Cheek nominated Mr. Buzz Lloyd. B. Nominations are needed to fill eight vacancies on Fayetteville Appearance Commission. Nominations were made as follows: 1. Ned Garber - first-term Engineering category 2. Gordon Johnson - first-term Architect category 3. At-large category a. Margaret Hedgecoe b. Bob G. Lawson c. Marilyn Britt d. Judith Kirchman e. Richard S. Suggs C. Nominations are needed to fill one vacancy on Board of Trustees of North Carolina Firemen's Relief Fund. Mayor Pro Tem Blackwell nominated Mr. Jim Kyle, Jr. for reappointment. D. Election of nominees to fill two vacancies on Personnel Review Board. The following members were reappointed for a second two-year term: 1. Marcia A. Covell - Alternate category 2. David R. Williford - Regular category 12. ADMINISTRATIVE REPORTS: A. Report on Eufaula Street Study. B. Report on General Obligation Bond Sale. INFORMATION ON PUBLIC HEARINGS SET: JANUARY 6, 1997: Consideration of speed limit reduction on the following streets: Westview Drive Kingswood Road West Haven Drive INFORMATION ITEMS: 1. Statement of taxes collected for the month of November, 1996, from the Cumberland County Tax Collector. 1996 Taxes 458,819.28 1996 Vehicle Taxes 145,862.43 1996 REV 609.30 1996 Vehicel REV 33.17 1996 FVT 19,720.40 1996 Storm Water 61,720.40 1995 Taxes 9,512.86 1995 Vehicle Taxes 16,886.67 1995 REVIT 284.39 1995 Vehicle REVIT 0.00 1995 FVT 2315.04 1995 Storm Water 9,498.95 1994 Taxes 4,567.95 1994 Vehicle Taxes 393.03 1994 REVIT 11.53 1994 Vehicle REVIT 0.00 1994 FVT 70.00 1993 Taxes 1,490.01 1993 Vehicle Taxes 69.08 1993 REVIT 0.00 1993 Vehicle REVIT 0.00 1993 FVT 15.00 1992 And prior Taxes 1,128.24 1992 And prior FVT 32.33 1992 And prior REVIT 2.21 Interest 3,822.22 Interest (REVIT) 9.20 Interest (Storm Water) 908.18 Fayetteville Discount 522.40 REVIT. Discount 0.00 Total Collections 737,817.35 2. Memo from Cumberland County listing members of City-County Liaison Committee for 1997. 3. Report on cablevision franchise negotiation timeline. 4. Information on Transportation Improvement Program for FY 1998-2004 (Prioritized Projects List and Public Input Summary) from Cumberland County Joint Planning Department. Councilmember Cheek inquired into the status of whether Cliffdale Road between Morganton Road and McPherson Church Road is a state maintained street. 5. Police Department - monthly report from the Office of Professional Standards for the month of November, 1996. Mayor Pro Tem Blackwell requested the Police Department's commendations be presented to the Council per his request. 6. PWC - minutes of November 13, 1996. 7. Redevelopment Commission - minutes of November 13, 1996. 8. FACVB - minutes of November 14, 1996. Councilmember Kendrick moved to adjourn the meeting, seconded by Councilmember Smith and carried unanimously by a vote of 8 to 0 with Councilmember McBryde absent. The meeting adjourned at 12:00 midnight.